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HomeMy WebLinkAboutCity Council-Minutes-08/04/2020 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, August 4, 2020 COLLEYVILLE BUSINESS CENTER RIBBON CUTTING 5601 COLLEYVILLE BOULEVARD 4:00 P.M. WORKSESSION - 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of fee discounts for recreational programming/instructors for 2020 WS-2 Presentation of the 2020 certified tax roll WS-3 Presentation of the Proposed FY 2021 Budget WS-4 Discussion of the Drainage Utility System Rate Study WS-5 Update on the Enterprise Fleet Management program WS-6 Discussion regarding amending the Land Development Code pool/home business regulations WS-7 Discussion of the August 4, 2020, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Acquisition of real property along Main Street • Acquisition of real property along SH26 • Acquisition of right-of-way for the Roberts Road Project City Council Agenda August 4, 2020 City of Colleyville Page 2 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Afsaneh Hamraee, Colleyville Baha’i Community PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4520 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Proclamation in recognition of Professional Engineers Day, August 5, 2020 - Mayor Richard Newton and Austin Baird, PE – President, Texas Society of Professional Engineers, Fort Worth Chapter; Caren Chambers, PE - President, and members Katie McCarty, PE and Ryan Dufour, PE, Texas Society of Professional Engineers, DFW Mid-Cities Chapter 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4521 4a Approval of a Construction Services Agreement with HQS Construction, LLC, for the John McCain Hike & Bike Trail Project, in an amount not to exceed $748,199.50, and authorizing the City Manager to execute the agreement 4b Approval of an Advance Funding Agreement for a Congestion Mitigation and Air Quality Improvement funding for the reconstruction of the Glade Road at Bluebonnet Drive Intersection, and authorizing the City Manager to execute the agreement 4c Approval of an Advance Funding Agreement for Bridge Replacement or Rehabilitation off the State System funding for the reconstruction of the Jackson Drive bridge over Little Bear Creek, and authorizing the City Manager to execute the agreement City Council Agenda August 4, 2020 City of Colleyville Page 3 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-20-2126 Approval of the Fiscal Year 2021 Colleyville Crime Control and Prevention District budget 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-20-2127 Consideration for a Special Use Permit for a day care center on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-0015 6b Ordinance O-20-2128 Consideration of an amendment to the PUD-C Planned Unit Development-Commercial district for the Winding Creek development, specifically for hours of operation on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-012 6c Ordinance O-20-2129 Request to appeal the decision of the Planning and Zoning Commission for consideration of a Special Use Permit for a Fence to extend into the required street side yard on Lot 1, Block 7, Creekside at Colleyville, Phase 3, located at 3501 Valmur Avenue, Case ZC20-013 6d Ordinance O-20-2130 Consideration of a Special Use Permit for a fence to extend into the required street side yard on Lot 54, Block 5, Creekside at Colleyville, Phase 3, located at 3913 Lambrusco Lane, Case ZC20-014 6e Ordinance O-20-2131 Consideration of a Special Use Permit for a fence to extend into the require street side yard on Lot 3, Block 7, Creekside at Colleyville, located at 3509 Valmur Avenue, Case ZC20-016 6f Ordinance O-20-2132 Consideration of amendments to Chapter 2, Section 2.5 Definitions, Chapter 3, Section 3.24.B Schedule of Permitted Principal Uses, and Chapter 3, Section 3.24.C Special Land Use Standards of the Land Development Code, specifically for the inclusion of Massage Therapy as a land use and for regulations associated with a Massage Therapy use City Council Agenda August 4, 2020 City of Colleyville Page 4 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 7a Ordinance O-20-2111 Consideration of a zoning change request from the AG Agricultural district to the CC-1 Village Retail district on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-001 7b Ordinance O-20-2112 Consideration of a request for a Special Use Permit for Cemeteries or Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-002 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-20-4522 Approval of a proposal to set the ad valorem tax rate for Fiscal Year 2021 at $0.310644 per hundred dollars of valuation 9. CITIZEN COMMENTS 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, AUGUST 4, 2020 - READING AND PUBLIC HEARING - RESOLUTION R- 20-4523 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, July 31, 2020 by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, August 4, 2020 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, August 4, 2020, at 5:00 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: Mayor Pro Tem Bobby Lindamood ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Parks and Recreation Director Lisa Escobedo, Finance Director Kyle Lester, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of fee discounts for recreational programming/instructors for 2020 Parks and Recreation Director Lisa Escobedo presented this item noting the City Council directed staff to assess the recreation instructors, classes and programs impacted by the pandemic, and to analyze the possibility of impacted recreation programs since June. Programs scheduled March through May which were cancelled due to Governor Abbott's mandate and/or restrictions were analyzed and an assessment presented which provided the costs if a 10% discount was provided to all instructors through the rest of Fiscal Year 2020. Councilmember Nakamura stated she feels strongly in providing the funding to instructors and sees it as a continuity of business activity and no different than the programs initiated by the City to help local businesses. There was discussion regarding the effect on the budget and funds which could be used to provide this assessment. City Council directed staff to provide a one-time discount to all instructors for the March-September 2020 time frame and utilize TIF or CARES funds. WS-2 Presentation of the 2020 certified tax roll Finance Director Kyle Lester presented the 2020 certified tax roll to be levied on October 1, 2020 (Fiscal Year 2020), in the amount of $5,457,024,089. Director Lester explained the total excludes the value of properties currently under appeal to the Appraisal Review Board, incomplete appraisals, and in process accounts, City Council Minutes August 4, 2020 City of Colleyville Page 2 which total $5,882,659,265 in projected assessed valuation. Included in the total are new construction values of $72,877,040 which represents a total increase of 0.7% over the current year's valuation of $5,839,829,017. There was discussion regarding tax freezes, new construction, the no new revenue rate and voter approval tax rate. Director Lester stated there is a resolution on tonight’s agenda to set the ad valorem tax rate for Fiscal Year 2021 at $0.310644 per hundred dollars of valuation, which is the no new revenue tax rate. Mayor Newton suggested that the resolution be modified to state that the tax rate approved in September would be no higher than the no new revenue tax rate and could be lower. WS-3 Presentation of the Proposed FY 2021 Budget Finance Director Kyle Lester presented this item, noting this is the culmination of months of work by staff and City Council. Director Lester reviewed property values and the proposed no new tax revenue rate, and proposed revenues and expenditures by fund. He reviewed the previous budget accomplishments of adapting processes to sustain a leaner staffing model, absorption of health insurance cost increases with savings from eliminated positions, continued operations efficiencies to absorb operating cost increases, and better aligning capital expenditures with capital funds. Director Lester stated for 2021, there will be a more efficient use of restricted revenue for operations. He then reviewed all funds, many of the proposed 2021 projects, and concluded by reviewing the calendar dates the budget and tax adoption ordinances will come before the City Council. There was discussion regarding the Tarrant Appraisal District calculations, slower new growth, effect of the pandemic, and planning for a transfer to the Capital fund. WS-4 Discussion of the Drainage Utility System Rate Study Public Works Director Ray Silva-Reyes presented a background of this project and introduced Sol Stigall, Principal with Westra Consultants, the City’s consultant for the study. Mr. Stigall gave a background and purpose of a drainage fee noting fees provide a revenue source to fund capital stormwater projects needed to provide for adequate drainage and protect property from flooding, for operation and maintenance of the existing drainage systems, and to pay for federally mandated requirements of the Clean Water Act and the Texas Commission on Environmental Quality (TCEQ) stormwater permit. City Council Minutes August 4, 2020 City of Colleyville Page 3 The presentation focused on three options which include maintaining a flat fee, creating a fee whereby all non-residential properties pay the same rate per an established equivalent residential unit, and residential properties pay based on a range of impervious areas, and a fee so all properties pay the same rate per square foot of impervious area. Mr. Stigall provided a strategy whereby all non- residential properties pay the same rate per an established ERU (equivalent residential unit) and residential properties pay based on a range of impervious areas (4 tiers). There was discussion regarding the options and the strategy, ERU’s, ability to incentivize open space, and communication and implementation strategies. Mayor Newton stated there needs to be another worksession which allows dedicated time to be given to the discussion and asked Mr. Stigall to work with staff regarding a strategy and future meeting date. WS-5 Update on the Enterprise Fleet Management program Due to time restraints, this item was moved to September 1. WS-6 Discussion regarding amending the Land Development Code pool/home business regulations Due to time restraints, this item was moved to September 1. WS-7 Discussion of the August 4, 2020, City Council regular agenda items Mayor Newton stated the two tabled ordinances will remain tabled. Mayor Newton adjourned the Worksession at 6:35 p.m. Mayor Newton called Executive Session to order at 6:35 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: Mayor Pro Tem Bobby Lindamood 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: City Council Minutes August 4, 2020 City of Colleyville Page 4 • Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Acquisition of real property along Main Street • Acquisition of real property along SH26 • Acquisition of right-of-way for the Roberts Road Project Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:18 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:32 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: Mayor Pro Tem Bobby Lindamood INVOCATION: Afsaneh Hamraee, Colleyville Baha'I Community PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4520 Mayor Newton read Resolution R-20-4520 in its entirety. Public Works Director Ray Silva-Reyes presented this item stating this provides for the purchase of right-of-way at 5008 Roberts Road. There were no questions and Mayor Newton opened the public hearing at 7:38 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 7:39 p.m. City Council Minutes August 4, 2020 City of Colleyville Page 5 Councilmember Nakamura made a motion to approve Resolution R-20- 4520, seconded by Councilmember Rigney. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Absent: 1 - Mayor Pro Tem Lindamood 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Professional Engineers Day, August 5, 2020 - Mayor Richard Newton and Austin Baird, PE – President, Texas Society of Professional Engineers, Fort Worth Chapter; Caren Chambers, PE - President, and members Katie McCarty, PE and Ryan Dufour, PE, Texas Society of Professional Engineers, DFW Mid-Cities Chapter Mayor Newton, PE, welcomed Austin Baird, PE – President, Texas Society of Professional Engineers, Fort Worth Chapter; Katie McCarty, PE and Ryan Dufour, PE, Texas Society of Professional Engineers, DFW Mid-Cities Chapter, and City of Colleyville Professional Engineers Larry Wright, Nathan Frohman, and Daniel Eshue and presented them with a proclamation in recognition of Professional Engineers Day. Mayor Newton and the Councilmembers made the following announcements: West Nile Positive Test Results: Last week Tarrant County informed us that we had three mosquito samples test positive for West Nile Virus. We also had two people in Colleyville test positive for West Nile. Tarrant County Medical Director has issued a Public Health Warning concerning West Nile and are in Phase III of the response plan. In addition to fogging the areas, the city will undertake an aggressive information campaign to remind residents to take precautions and use insect repellent when outside. In addition to the social media outreach, this information went out via Code Red Message to 2889 phones, 300 emails, 481 text messages, and 3 TDD messages. COVID-19 Update: At the monthly Tarrant County Mayor’s Council last night, the County Medical Director gave an update on the status of COVID. He reported that and I quote: “hospital cases are trending down and positivity rate is trending down”. Earlier today Colleyville staff calculated the number of positive active cases Colleyville reports daily. That number is the result of a simple 14-day roll off calculation. As the medical professionals and CDC have regularly reported, City Council Minutes August 4, 2020 City of Colleyville Page 6 COVID-19 quarantine periods should last 14 days. We have applied that 14-day period to all reported positive cases. Thus, after 14 days we remove the case from our daily positive active case report. Today we have 32 active cases (175 – 143 = 32). The case continues to be counted as part of the cumulative positives going back to early March (totaling 172) while those outside the 14 day quarantine are considered no longer a threat worthy of the “positive” label. Tarrant County suggests our current case count is 61 (175-114). They use a 28 day roll off. This longer term is, according to county officials, based on the longest COVID-19 patient they have experienced in the County since the pandemic begin. Others across the state have adopted a measure that applies an 80% recovery rate to the first 14 days and 20% to the next 14 days. Regardless of the measure, the data assessment is sound. Counting and reported cumulative positives as a current threat is wrong. Individuals who were sick and have recovered months ago provide little benefit to those seeking to understand the contagion threat present today. While the debate rages around us, it is important we stick to the data while exercising common sense. Hospital bed availability remains strong in Tarrant County at 35% of total hospital capacity, 10% of hospital bed capacity is being used for COVID patients and 55% is being used for all other medical reasons. Ventilator availability is at 69% of total capacity. Most importantly, Colleyville has no COVID-related deaths. Finally, I continue to champion the wearing of masks in public when social distancing is not feasible. I have said multiple times that Colleyville is blessed with exceptional people. Thank each of you for your part in keeping our community safe. Economic Development Program Update: The C-POP program (Colleyville Professional One-Minute Promos) continues to be popular with 30 businesses already signed up to participate. This FREE program is available to all businesses within the Colleyville city limits and pairs our talented video production staff with small businesses to produce one-minute promotional videos. Participants will also receive a $1,000 cash grant upon video-completion to spend on advertising to promote their new video. For more information, please contact Ronni Orr at 817- 503-1113. Distinguished Budget Award Received, Again: The City of Colleyville has, once again, been awarded the Distinguished Budget Presentation Award from Government Finance Officers Association (GFOA) for the current fiscal year. This award is the highest form of recognition in governmental budgeting. Its attainment represents a significant achievement by our organization. Congratulations to our Finance team, and the exceptional leadership of Mark City Council Minutes August 4, 2020 City of Colleyville Page 7 Wood in achieving this award! With Kyle Lester now at the helm, I have no doubt we will continue to be recognized next year. Fire Department Secures Radio Grant: In the ongoing pursuit of grant funds, the Fire Department leadership applied for $40,000 in COG funding (NCTCOG Traffic Management Grant) to secure additional radios for our firefighters. The grant related to traffic mitigation and safety. Our staff worked to connect our need to equip our newly hired firefighters (SAFER Grant) with this funding opportunity. The grant application emphasized regional partnerships and interoperability across the region. Present for recognition was Captain Daniel Tori and Captain Scott Gill who submitted the grant application on behalf of our department. Email Challenges Corrective Action: IT staff has worked with engineers at Google on the ongoing challenges regarding city-generated emails going to recipient’s spam folder. That process identified encryption validation code that related to a previous provider. This reference created validation problems with email. Staff has initiated changes to our email validation and encryption tools. We believe this will correct the problem. We will continue review of the system performance to validate corrective action. Chamber of Commerce Update: Golf Outing Update: Mark your calendars. The annual Chamber of Commerce golf outing is scheduled for September 21 at the Texas Star Golf Course. Virtual Luncheon: The next Colleyville Chamber of Commerce will hold a virtual luncheon Thursday (8/6), from 11:30 am to 1pm via Zoom. Lunch is provided by Loveria, if desired. Lunches will be picked up for persons at City Hall requesting lunch. All others would need to pick up their lunch at the Chamber office (5601 Colleyville Blvd) at 11:00 am. The meeting topic will be COVID-19: Changing Life as We Know It. The speaker will be Anne Chow, CEO of AT&T Business. For all events and activities, please call the Chamber office at 817.488.7148. Train Horn Activity Likely to Increase: TEXRail has notified the city that work is set to begin on the construction of a new fence along the railroad ROW running through Colleyville. This activity may lead to an increase in horn activity as the crews will be working near the tracks. Additional railroad flaggers will utilized to enhance safety and expedite the work. It is anticipated that the work could go on for up to three weeks. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4521 City Council Minutes August 4, 2020 City of Colleyville Page 8 4a Approval of a Construction Services Agreement with HQS Construction, LLC, for the John McCain Hike & Bike Trail Project, in an amount not to exceed $748,199.50, and authorizing the City Manager to execute the agreement 4b Approval of an Advance Funding Agreement for Congestion Mitigation and Air Quality Improvement funding for the reconstruction of the Glade Road at Bluebonnet Drive Intersection, and authorizing the City Manager to execute the agreement 4c Approval of an Advance Funding Agreement for Bridge Replacement or Rehabilitation off the State System funding for the reconstruction of the Jackson Drive bridge over Little Bear Creek, and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-20-4521 in its entirety. Public Works Director Ray Silva-Reyes presented all the items and answered questions of the City Council. Regarding item 4a, Councilmember Dodson stated it appears approximately 56 trees will be removed, however, many are wild trees. Director Silva-Reyes agreed but stated everyone will be cautious and diligent to limit the number of trees removed, but when this is done the trail will connect to the Cotton Belt from McPherson Park. There were no questions regarding item 4b. Regarding item 4c, Councilmember Dodson asked Director Silva-Reyes if the road is being raised. Director Silva-Reyes stated the road will be raised to remove it from the 50 year flood plan. Councilmember Dodson stated he would like it raised out of the 100 year flood plan. Mayor Newton opened the public hearing at 8:24 p.m. Kathy Hadley, 204 Timberline Drive North, spoke with concern for the pedestrian crossing along the trail at Bransford and LD Lockett, as not being in favor of the Bluebonnet intersection being lowered, and concern for the wildlife along the Jackson Drive Bridge. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:31 p.m. Councilmember Dodson made a motion to approve Resolution R-20-4521, seconded by Councilmember Kelley. City Council Minutes August 4, 2020 City of Colleyville Page 9 The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Absent: 1 - Mayor Pro Tem Lindamood 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-20-2126 Approval of the Fiscal Year 2021 Colleyville Crime Control and Prevention District budget Mayor Newton read the caption of Ordinance O-20-2126. Police Chief Michael Miller reviewed the history of the CCCPD and noted in the 2020 budget, the fund was able to cover the cost of a new Sergeant position and vehicle, a part-time Accreditation Coordinator position, training funding for Leadership Development and for De-Escalation / Crisis Intervention Training; Investigative platform and an Early Warning System / Internal Affairs Management System software and new CAD/RMS System. Chief Miller reviewed the FY2021 budget noting the proposed budget continues the ongoing initiatives to include funding of salary and benefits for 12 sworn officers, two part-time Public Service Officers, CRIMES software and maintenance, participation in Teen Court, funding all police vehicles, weapons replacement, and continued training in a variety of areas. Councilmember Dodson asked Chief Miller to explain the early warning system. Chief Miller stated this program is a process to detect officer stress and response to the job and is a safety mechanism for the officer and department, and is required for CALEA certification. Mayor Newton stated he appreciates Chief Miller’s briefing and hopes citizens hear and compliment the Chief and the Department. Mayor Newton opened the public hearing at 8:46 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8.46 p.m. Councilmember Rigney made a motion to approve Ordinance O-20-2126, seconded by Councilmember Kelley. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney City Council Minutes August 4, 2020 City of Colleyville Page 10 Absent: 1 - Mayor Pro Tem Lindamood 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-20-2127 Consideration for a Special Use Permit for a day care center on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-0015 Mayor Newton read the caption of Ordinance O-20-2127. Community Development Director Ben Bryner presented this item stating it is a request for a Special Use Permit (SUP) to allow for a Day Care Center at 6412 and 6416 Colleyville Boulevard. Director Bryner noted the property is zoned PUD-C Planned Unit Development - Commercial district and a Day Care Center is only allowed in the office and commercial districts with the approval of an SUP. Director Bryner said the applicant has provided revised plans which shows the building location to be shifted to the west with a setback from the property line of 25 feet. The playgrounds previously located behind the building to the west are now located on the east side, or front, of the building. The previous tree preservation plan indicated nine trees being removed. Due to the shifting of the building, two additional trees are proposed to be removed for a total of 11 trees. A photometric plan has been included with the current proposal which indicates the planned development would be in compliance with the PUD-C Ordinance in that the foot candles at the property lines do not exceed 0.5 foot candles. Director Bryner noted the Planning and Zoning Commission recommended approval by a vote of 4-2 with the recommendation speed limit signs be placed on the property and the applicant work with the surrounding property owners to resolve any drainage issues. Director Bryner also noted there is a companion ordinance on this agenda if this item is approved, to provide for the business hours to be 6:30 a.m. to 6:30 p.m. Monday through Friday. There was general discussion regarding foot candle requirements, the elevations of the front of the building and appearance of the building front with the playgrounds moved to the front, screening, location to residential property, and the drainage plan. Applicant Stephen Brown, Buttry & Brown Development, LLC, 5801 Tennyson Parkway, Suite 150, Plano, provided a presentation and answered questions of the City Council which included the drainage plan, staffing and attendance, site plan changes, playground locations, size, materials, fencing, use by age, and time of use, parking, drop off and pick up patterns, and building materials. City Council Minutes August 4, 2020 City of Colleyville Page 11 Mayor Newton opened the public hearing at 9:39 p.m. Susan Reynolds, 6417 Kingston, spoke in opposition to this item with concerns for noise from the children on the playground, height of the building, traffic, tree types and trees to be removed, and dumpster location. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:50 p.m. This was a first reading, therefore, the City Council did not take action. Mayor Newton called a recess at 9:50 p.m. and reconvened at 10:02 p.m. 6b Ordinance O-20-2128 Consideration of an amendment to the PUD-C Planned Unit Development-Commercial district for the Winding Creek development, specifically for hours of operation on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-012 Mayor Newton read the caption of Ordinance O-20-2128. Community Development Director Ben Bryner noted this request is based on approval of the previous ordinance and seeks to allow the business hours to be 6:30 a.m. through 6:30 p.m. Monday through Friday. There were no questions. Mayor Newton opened the public hearing at 10:04 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:04 p.m. This was a first reading, therefore, the City Council did not take action. 6c Ordinance O-20-2129 Request to appeal the decision of the Planning and Zoning Commission for consideration of a Special Use Permit for a fence to extend into the required street side yard on Lot 1, Block 7, Creekside at Colleyville, Phase 3, located at 3501 Valmur Avenue, Case ZC20-013 Mayor Newton read the caption of Ordinance O-20-2129. Community Development Director Ben Bryner presented this item stating the request is for approval of an SUP to allow for a 5 foot iron rod fence to be located approximately five feet from the corner street side property line which is within the street side yard of the property. City Council Minutes August 4, 2020 City of Colleyville Page 12 Councilmember Dodson asked if this property has a retaining wall. Director Bryner stated no, not this one. Mayor Newton stated there has been a lot of discussion regarding fencing in this subdivision and as he has stated before, he cannot find any rationale to approve the request. Applicant Cheryl Turner, MainVue Homes, 5835 Shoreside Bend, Irving, stated the house is inside the build line and this proposal allows a landscape buffer, an aesthetic appeal to the street side of Valmur. Mayor Newton and Councilmember Dodson stated they disagree with the need for the fence. Mayor Newton stated he drove through the neighborhood and still cannot agree with the need for the request. Councilmember Dodson agreed. Councilmember Kelley asked Ms. Turner what is on the back side of the property and she responded, a patio. City Manager Ducay stated it would be logical to build a fence to buffer the patio at the build line that is allowed by current ordinance. Mayor Newton opened the public hearing at 10:20 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:20 p.m. This was a first reading, therefore, the City Council did not take action. 6d Ordinance O-20-2130 Consideration of a Special Use Permit for a fence to extend into the required street side yard on Lot 54, Block 5, Creekside at Colleyville, Phase 3, located at 3913 Lambrusco Lane, Case ZC20-014 Mayor Newton read the caption of Ordinance O-20-2130. Community Development Director Ben Bryner presented this item noting the request is for approval of a request for a Special Use Permit (SUP) for a five foot iron rod fence to encroach into the street side yard setback for a corner lot. Applicant Cheryl Turner, MainVue Homes, 5835 Shoreside Bend, Irving, stated the planned fence would be wrought iron along the side of the house and tie into the existing masonry fence to finish out the appearance, while leaving the trees outside the wrought iron fence. City Manager Ducay stated it would make sense to turn allow the fence be extended along the side of the house up to the back of the house and then turn toward the house. Ms. Turner stated they will take the wrought iron fence to the existing wall, however, the backyard extension is the most important. There was discussion of the current wall, location of the sidewalk, and the distance to the back of the house. City Council Minutes August 4, 2020 City of Colleyville Page 13 Mayor Newton asked Ms. Turner if there was an HOA. Ms. Turner replied yes, the HOA is currently under the control of the builders and is charged with maintaining the entry and side yard of the development. Mayor Newton opened the public hearing at 10:40 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:40 p.m. This was a first reading, therefore, the City Council did not take action. 6e Ordinance O-20-2131 Consideration of a Special Use Permit for a fence to extend into the require street side yard on Lot 3, Block 7, Creekside at Colleyville, located at 3509 Valmur Avenue, Case ZC20-016 Mayor Newton read the caption of Ordinance O-21-2131. Community Development Director Ben Bryner presented this item stating the homeowner is seeking approval of a Special Use Permit (SUP) for a six foot wood fence to be placed on a retaining wall and encroach into the street side yard setback for his corner lot. Applicant Amish Patel, 3509 Valmur Avenue, stated he is asking to be allowed to move the fence to the retaining wall because his fence is six inches off the patio and he cannot use his patio or backyard for an outside kitchen to grill. There was discussion regarding the size and location of backyard, patio, fence material, and location of the fence. Mayor Newton stated ordinances have been adopted to provide for consistency and he is concerned if they allowed this wooden fence, which is not allowed, others will also want an exception and he cannot find any reason to allow it. Mayor Newton opened the public hearing at 10:59 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:59 p.m. This was a first reading, therefore, the City Council did not take action. 6f Ordinance O-20-2132 Consideration of amendments to Chapter 2, Section 2.5 Definitions, Chapter 3, Section 3.24.B Schedule of Permitted Principal Uses, and Chapter 3, Section 3.24.C Special Land Use Standards of the Land Development Code, specifically for the inclusion of Massage Therapy as a land use and for regulations associated with a Massage Therapy use Mayor Newton read the caption of Ordinance O-20-2132. City Council Minutes August 4, 2020 City of Colleyville Page 14 Community Development Director Ben Bryner presented this item stating staff has attempted to identify possible improvements and to increase quality standards related to development and business within the City limits. Director Bryner noted the City has seen an increase in massage therapy operations and wants to insure appropriate quality standards are being met. Some of the potential issues which were identified and which the recommended changes address include: continual change in ownership; change/expansion of use as originally identified with the Certificate of Occupancy request; and non- compliance with building code and sign code regulations. Director Bryner reviewed the proposed changes including new definitions, identifying the use within the Schedule of Permitted Principal Uses chart, and new regulations specific to massage therapy uses. He stated the proposal is for a land use classification of Massage Therapy (Licensed and Unlicensed) within the Schedule of Permitted Principal Uses chart and requires a Special Use Permit approval to be allowed only within the CC-1, CC-2, and CC-3 zoning districts with each use being required to be a minimum of 300 feet from another massage therapy establishment, with some specific exceptions. There was discussion of distance, types of businesses utilizing massage therapy, the SUP process, and the definitions. Councilmember Wheat stated she understands the need to provide direction and regulation, however, she feels the proposed changes are too arduous at a time when legitimate businesses are already suffering. Mayor Newton agreed the City needs to manage the process, but he too, does not want to damage legitimate businesses. City Manager Ducay stated an existing non-conforming clause could be added. Mayor Newton opened the public hearing at 11:22 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:22 p.m. This was a first reading, therefore, the City Council did not take action. 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING Ordinances O-20-2111 and Ordinance O-20-2112 remained tabled. 7a Ordinance O-20-2111 Consideration of a zoning change request from the AG Agricultural district to the CC-1 Village Retail district on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-001 City Council Minutes August 4, 2020 City of Colleyville Page 15 7b Ordinance O-20-2112 Consideration of a request for a Special Use Permit for Cemeteries or Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-002 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-20-4522 Approval of a proposal to set the ad valorem tax rate for Fiscal Year 2021 at $0.310644 per hundred dollars of valuation Mayor Newton read Resolution R-20-4522 in its entirety. Finance Director Kyle Lester presented this item and stated the proposed rate is the no-new-revenue tax rate, and is the first formal step toward adopting the 2021 budget. Director Lester stated the Truth in Taxation laws require the City to inform the citizens of the proposed FY 2021 tax rate, and the intention to adopt the tax rate of $.310644 per hundred dollars of valuation, utilizing the July 2020 certified tax roll as the basis for the proposed tax rate. He noted there are still outstanding questions of TAD which he will continue to pursue, however, formal City Council action stating the proposed FY 2021 tax rate is required in order to have the information necessary to publish the Notice of 2021 Tax Year Proposed Property Tax Rate, as required by Section 140.010 of the Local Government Code. Director Lester noted this resolution does not adopt a tax, but it does set a maximum rate, which will allow a lower rate, but not a higher rate. He explained the no-new-tax revenue tax rate allows the City Council to lower the tax rate to offset the increasing property values determined by TAD, in order to collect the same amount of revenue as the prior year, excluding new growth. Mayor Newton stated in view of having additional questions of TAD, he would like the last whereas statement removed from the proposed resolution and add, “or less” in the resolution caption, following “rates at $0.310644”, and Section 1 be amended to read, “adopt a tax rate for Fiscal Year 2021 no greater than $0.310644 per one hundred dollars of valuation, which is the no new tax rate for 2020-2021.” Mayor Newton opened the public hearing at 11:35 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:35 p.m. Councilmember Wheat made a motion to approve Resolution R-20-4522, with amendments as stated by Mayor Newton, seconded by Councilmember Nakamura. City Council Minutes August 4, 2020 City of Colleyville Page 16 The motion to approve Resolution R-20-4522 carried by the following vote: Ayes: 6 – Mayor Newton, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney Absent: 1 - Mayor Pro Tem Lindamood 9. CITIZEN COMMENTS There was no one present wishing to speak. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, AUGUST 4, 2020 - READING AND PUBLIC HEARING - RESOLUTION R- 20-4523 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 11:36 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 18TH DAY OF AUGUST 2020. Minutes taken and prepared by: Christine Loven, TRMC City Secretary