Loading...
HomeMy WebLinkAboutCity Council-Minutes-10/06/2020 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, October 6, 2020 WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Continued discussion of the Northern Gateway property WS-2 Discussion on stormwater fee methodology next steps WS-3 Discussion of the International Building Code and Contractor Registration ordinance WS-4 Discussion of the October 6, 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 SH26 and acquisition of real property on Glade Road for Water Project 10 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 Agenda October 6, 2020 City of Colleyville Page 2 INVOCATION: Pastor Sterling Wilborn, Journey Church 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-20-4537 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Recognition of Emergency Management Coordinator Kenny Phillips - Mayor Richard Newton and Fire Chief Mark Cantrell 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4538 4a Approval of the minutes of the regular City Council meeting of September 15, 2020 4b Approval of a Construction Services Agreement with Texas Materials Group, Inc. ("Texas Bit"), for the Pleasant Run Road Rehabilitation (John McCain to North City Limits) Project, in an amount not to exceed $3,228,303.66 and a contingency amount not to exceed $100,000.00, and authorizing the City Manager to execute the agreement 4c Approval of a Construction Services Agreement with Tegrity Contractors, Inc. for the Senior Center Exterior Renovations Project, in an amount not to exceed $82,777.00 and a contingency amount not to exceed $25,000, and authorizing the City Manager to execute the agreement 4d Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of various streets as identified in the agreement and authorizing the City Manager to execute the agreement 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-20-2139 Consideration of a zoning change request from the AG Agricultural to R-40 Single Family Residential district on Lot 7, Mrs. Eva Paul’s Subdivision, located at 1101 Tinker Road, Case ZC20-017 City Council Agenda October 6, 2020 City of Colleyville Page 3 5b Ordinance O-20-2140 Consideration of a Special Use Permit for a fence to extend into the required street side yard on Lot 4, Block 6, Creekside at Colleyville, Phase 3, located at 4000 Campania Court, Case ZC20-018 5c Ordinance O-20-2141 Consideration of a Special Use Permit for a fence to extend into the required street side yard on Lot 4, Block 7, Creekside at Colleyville, Phase 3, located at 3508 Cheval Blanc, Case ZC20-020 5d Ordinance O-20-2142 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 9, Creekside at Colleyville, Phase 3, located at 3501 Alsace Avenue, Case ZC20-019 5e Ordinance O-20-2143 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 18, Block 9, Creekside at Colleyville, Phase 3, located at 3500 Lejoie Lane, Case ZC20-021 6.TABLED: ORDINANCE(S) 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 ZC20-015 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 7.RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-20-4539 Amending Resolution R-20-4515 designating electioneering locations at and adjacent to the Colleyville City Hall/Library polling place; providing for a map of the electioneering locations, and providing for electioneering at said locations City Council Agenda October 6, 2020 City of Colleyville Page 4 8. CITIZEN COMMENTS 9. REPORTS June 22, 2020 Planning and Zoning Commission Worksession Minutes June 22, 2020 Planning and Zoning Commission Minutes July 13, 2020 Planning and Zoning Commission Minutes 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, OCTOBER 6, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-4540 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, October 2, 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, October 6, 2020 CITY COUNCIL CHAMBERS Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, October 6, 2020, at 5:03 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Building Official Eddie Wilson, Public Works Director Ray Silva-Reyes, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Continued discussion of the Northern Gateway property Assistant City Manager Adrienne Lothery gave an overview of the property purchases and the worksession conducted with the City’s consultant, Masterplan. Manager Lothery noted the feedback provided during the first worksession provided general information on this City Council’s direction, however, this meeting will provide for establishing the top priorities for consideration. She then turned the presentation over to the City’s consultants for the project, Dallas Cothrum, Ph.D., and Karen Wunsch. Dr. Cothrum reviewed other development project examples to highlight what worked well, what did not work well, and reviewed the input provided by City Council at the last worksession. The City Council then participated in an interactive map assembly of “types” of development they would like to see on the property, which established a priority list for the consultant. There was limited discussion regarding digital signage and creating an identity. WS-2 Discussion on stormwater fee methodology next steps Public Works Director Ray Silva-Reyes presented this item, recapping the history of the stormwater fee. Director Silva-Reyes noted the most commonly accepted methodology, and the most equitable, is based on runoff, which is a function of impervious surface on a parcel of land. He then sought City Council approval of utilizing City staff to analyze all 10,000 parcels within the City limits before discussing rate changes in the future. Director Silva-Reyes stated by completing this analysis in house, the City will save money. City Council agreed and thanked Director Silva-Reyes. City Council Minutes October 6, 2020 City of Colleyville Page 2 WS-3 Discussion of the International Building Code and Contractor Registration ordinance City Building Official Eddie Wilson presented this item noting formal action will come before the City Council in November. He stated adoption of the 2018 International Codes is necessary for the City to maintain its approved rating with the Insurance Services Office (ISO), which is an assessment of the Building Department that is used by some insurance underwriters. Adopting updated building codes demonstrates the City’s progressive stature and allows for inclusion of modern construction methods and materials that are used in new homes and businesses. Official Wilson advised the contractor registration ordinance is a modification to the existing statute and contains new provisions that allow for the suspension or revocation of negligent contractors. He said the enhancements will provide protections for Colleyville business and home owners, as well as deter unscrupulous contractors. He then provided case examples for perspective to the concerns. There was discussion regarding subcontractors being registered, enforcement of regulations and permit registration, requiring bonds, the appeal process, and consideration of a property maintenance code. WS-4 Discussion of the October 6, 2020 City Council regular agenda items Mayor Newton stated items 6a and 6b will remain tabled. City Manager Jerry Ducay stated the applicant plans on bringing in new architectural drawings and will need some time to receive feedback. Mayor Newton adjourned the Worksession at 6:37 p.m. and called the Executive Session to order at 6:37. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. 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 City Council Minutes October 6, 2020 City of Colleyville Page 3 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along SH26 and acquisition of real property on Glade Road for Water Project 10 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 stated 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 7:23 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:34 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. INVOCATION: Pastor Sterling Wilborn, Journey Church 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-20-4537 Mayor Newton read Resolution R-20-4537 in its entirety. Public Works Director Ray Silva-Reyes stated the resolution provides for both a permanent utility easement and two temporary construction easements on Glade Road for the waterline project from Apple Valley to Bills Lane. Director Silva- Reyes stated this project will increase service and pressure to the area. Mayor Newton opened the public hearing at 7:38 p.m. There were no speakers and Mayor Newton closed the public hearing at 7:38 p.m. Councilmember Dodson made a motion to approve Resolution R-20-4537 and Councilmember Kelley seconded the motion. The motion to approve carried by the following vote: City Council Minutes October 6, 2020 City of Colleyville Page 4 Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton and the Councilmembers made the following announcements: COVID Update: Utilizing the 14-day roll off calculation, Colleyville currently has 83 active and presumed positive COVID cases. County hospital bed capacity remains strong at 32% availability. 347 of the County’s approximately 5,000 hospital beds are being utilized by COVID patients. Ventilator capacity also remains strong with 71% availability. West Nile Virus: Good news on West Nile virus. Although the number of positive mosquito tests went high this year as I have been reporting in my announcements, it has now declined significantly. This slide shows the mosquito testing positively rate for NE Tarrant County. We are now at a 20% rate coming down from a 60% rate at the peak. That’s good news. Plaza at City Hall Wins Planning Association Award: To kick off National Community Planning Month October 1, the American Planning Association announced their yearly awards. The group selected the Colleyville Plaza as a recipient of the 2020 Urban Design Achievement Award - Silver. The Urban Design award honors efforts to create a sense of place, whether a street, public space, neighborhood, or campus effort. Colleyville is an exceptional community that we all love to call home. The City Plaza is a public gathering place that combines high Colleyville standards with a wonderful place to host community events. This year, the awards were reviewed, judged, and selected by the review panel consisting of members from the APA-Colorado and APA-Texas Chapter. We are proud that this organization recognizes that which we already know – Colleyville is an exceptional community. Public Works Getting it Done: The Public Works crew completed another in- house project. TxDOT finished a channel condition rating for a tributary of Little Bear Creek at Queensbury Way. The existing culverts underneath Queensbury Way were experiencing degradation and scouring which could lead to a culvert failure in the future. TxDOT strongly recommended the City make repairs and drainage improvement in the immediate future. The recommendation for this improvement from TxDOT was received on August 14, 2020. The drainage crew installed a concrete wall and riprap below and around the bottom at both ends of City Council Minutes October 6, 2020 City of Colleyville Page 5 the culverts in order to mitigate scouring. The drainage improvements for Queensbury Way were completed on September 18, 2020. The cost for these repairs and improvements would have been approximately $150,000. The drainage division cost for materials was around $20,000. This in- house project saved the city $130,000 in drainage improvements. Colleyville Gives Grant Application Process Now Open: It is time for the City of Colleyville's annual #ColleyvilleGives advertising grant program! This seasonal program is designed to assist Colleyville businesses with their 4th quarter advertising and marketing efforts by providing advertising grants. Consistent with last year, this promotion provides $1,000 in grant money for an advertising campaign during the busy holiday months. Businesses who wish to make a $500 donation to an area non-profit will receive an additional $1,000 in grant money. To apply, submit a completed and signed application to the City Manager's Office by emailing Christine Johnson at cjohnson@colleyville.com. Applications can be emailed to you or downloaded from the city website. If you have questions about this promotion, please call 817.503.1111. Colleyville Wins Chamber Golf Outing Award for Third Consecutive Year: Every year, an All-Star team of city employees is chosen to participate in the Chamber Golf Outing. These Colleyville All-Stars are chosen by their various departments for outstanding work performance and customer service. They were not chosen for their golf skills. For the third year in a row, the City of Colleyville has been awarded the “dead-ass last” trophy. We prefer the moniker “most honest golf team” award. Regardless, all involved had a great time recognizing our exceptional staff while participating in a great Chamber event. Early Voting to Begin October 13: Colleyville will see early voting begin on October 13. This year, voting will be conducted on the second floor of the Colleyville Library, for early voting and Election Day voting. An additional week has been added to the early voting schedule. All voters residing in Tarrant County may vote at any one of the 340 Tarrant County Vote Centers. To find the location where you wish to vote, go to tarrantcounty.com. Police Department Goes Pink for Breast Cancer Awareness Month: October is Breast Cancer Awareness Month and the Police Department has allowed for recognition of this event with minor changes to the department-issued uniform. • Pink badges are authorized for those that ordered them • Pink epaulets are authorized, provided free by the department, and strongly encouraged to be worn • Pink patches are authorized and provided free by the department for anyone who wants to wear one on their uniform. • Finally, the department has wrapped a patrol vehicle in pink this year. The vehicle looks similar to other marked vehicles except for the white door wraps are pink. City Council Minutes October 6, 2020 City of Colleyville Page 6 SH26 Beautification Underway: Still seeing orange traffic cones along SH 26? The cones signal the start of Phase II of the SH 26 Beautification Project. This phase includes landscape and hardscape improvements to medians and rights-of- way (ROW). Large shade trees will be planted in the medians with ornamental trees being planted along the ROW. As work continues through the spring, orange cones will appear along the corridor where crews are working. Recognition of Emergency Management Coordinator Kenny Phillips - Mayor Richard Newton and Fire Chief Mark Cantrell Mayor Newton and Fire Chief Mark Cantrell recognized Captain Kenny Phillips for his exemplary and untiring efforts during the COVID-19 pandemic and for his daily work as the Emergency Management Coordinator. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4538 4a Approval of the minutes of the regular City Council meeting of September 15, 2020 4b Approval of a Construction Services Agreement with Texas Materials Group, Inc. ("Texas Bit"), for the Pleasant Run Road Rehabilitation (John McCain to North City Limits) Project, in an amount not to exceed $3,228,303.66 and a contingency amount not to exceed $100,000.00, and authorizing the City Manager to execute the agreement 4c Approval of a Construction Services Agreement with Tegrity Contractors, Inc. for the Senior Center Exterior Renovations Project, in an amount not to exceed $82,777.00 and a contingency amount not to exceed $25,000, and authorizing the City Manager to execute the agreement 4d Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of various streets as identified in the agreement and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-20-4538 in its entirety. Public Works Director Ray Silva-Reyes presented 4b, 4c, and 4d, and answered questions of the City Council. Regarding item 4b, in answer to questions, Director Silva-Reyes stated the waterline will be placed on the west side of the road and culverts will be necessary. Councilmember Dodson asked if rebidding the project would lessen expenses. Director Silva-Reyes stated expenses would remain about the same and rebidding the project would interfere with the TxDOT closing. City Council Minutes October 6, 2020 City of Colleyville Page 7 Regarding item 4c Mayor Newton asked why the Senior Center roof was being replaced as there is a plan for renovation. Assistant City Manager Adrienne Lothery stated the last direction received from City Council was for the lower scale renovation project, which will be internal, not external. Mayor Newton stated the Council chose option 4 from the extensive assessment to determine if the City would move forward with a recreation center. Option 4 was the rehabilitation of the Senior Center to improve the structure to provide appropriate space for needed programming. There was not a conclusion it would not take external modifications, and the Mayor stated he did think it would take external modifications. Mayor Newton asked Director Silva-Reyes if the Paving Condition Index (PCI) was considered when selecting streets for rehabilitation per item 4d. Mayor Newton asked if the PCI was being updated (based on professional estimates) for each rehabilitated or rebuilt road in order to keep the overall average PCI for the City as accurate as possible. Director Silva-Reyes stated he would see it is done and stated every five years the PCI is updated for all roads in the City based on actual measurements. Mayor Newton said it will be interesting to compare the City’s ongoing estimate of the average PCI for the City to the new measurements. Councilmember Dodson stated the paving being done is an asphalt overlay, not a chip and seal, which is a significant upgrade and will last many years longer than the chip and seal which was originally used in Woodland Hills. Mayor Newton opened the public hearing at 8:30 p.m. Kathy Hadley, 204 Timberline Drive North, asked City Council to support the changes to the Senior Center and make the renovations nice. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:31 p.m. Councilmember Rigney a motion to approve Resolution R-20-4538 and Councilmember Nakamura seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. City Council Minutes October 6, 2020 City of Colleyville Page 8 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-20-2139 Consideration of a zoning change request from the AG Agricultural to R-40 Single Family Residential district on Lot 7, Mrs. Eva Paul’s Subdivision, located at 1101 Tinker Road, Case ZC20-017 Mayor Newton read the caption of Ordinance O-20-2139. Community Development Director Ben Bryner presented this item to rezone from the AG Agricultural district to the R-40 Single Family Residential district to allow for construction of a new single-family residential dwelling in the future. Director Bryner stated the Planning and Zoning Commission and staff recommend approval. There were no questions. Mayor Newton opened the public hearing at 8:35 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 8:35 p.m. This was a first reading, therefore, City Council did not take action. 5b Ordinance O-20-2140 Consideration of a Special Use Permit for a fence to extend into the required street side yard on Lot 4, Block 6, Creekside at Colleyville, Phase 3, located at 4000 Campania Court, Case ZC20-018 Mayor Newton read the caption of Ordinance O-20-2140. Community Development Director Ben Bryner presented this item for a Special Use Permit (SUP) for a five foot wrought iron fence above an existing retaining wall to encroach into the street side yard setback. He noted staff recommends denial as it does not meet the technical requirements of the Land Development Code however, the Planning and Zoning Commission recommended approval with the condition the fence stop at the front building line. Mayor Pro Tem Lindamood stated he feels this request is reasonable in order to address safety issues, however with the requirement the fence be wrought iron. Mayor Newton stated he agrees with the wrought iron only and connectivity to the wood at the back lot line, not in front of the house. Councilmember Kelley stated being in favor of the extension of the fence to join the house and end of the wall. City Council Minutes October 6, 2020 City of Colleyville Page 9 Applicant Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney, Tradition Homes, thanked Mayor Newton and the City Council for the consideration and stated he would answer any questions. Mayor Newton opened the public hearing at 8:45 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in favor and the item and stated she appreciates the wrought iron and plants could be placed behind the fence to provide privacy. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:48 p.m. This was a first reading, therefore, City Council did not take action. 5c Ordinance O-20-2141 Consideration of a Special Use Permit for a fence to extend into the required street side yard on Lot 4, Block 7, Creekside at Colleyville, Phase 3, located at 3508 Cheval Blanc, Case ZC20-020 Mayor Newton read the caption of Ordinance O-20-2141. Community Development Director Ben Bryner presented this item for a request for a Special Use Permit (SUP) for a five foot wrought iron fence above an existing retaining wall to encroach into the street side yard setback for a corner lot. He noted staff recommends denial as it does not meet the technical requirements of the Land Development Code however, the Planning and Zoning Commission recommended approval of up to a 6-foot height wrought iron fence to match the adjacent lot and provide for connection to the back corner of the house. Mayor Newton stated this request is consistent with a previously approved request. Councilmember Wheat clarified this request would provide for consistency in look and allowance of the neighboring home. Mayor Newton opened the public hearing at 8:54 p.m. Applicant Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney, Tradition Homes, thanked Mayor Newton and the City Council for the consideration and stated the request seeks to provide safety, continuity of the neighborhood, and aesthetics. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:00 p.m. This was a first reading, therefore, City Council did not take action. City Council Minutes October 6, 2020 City of Colleyville Page 10 5d Ordinance O-20-2142 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 9, Creekside at Colleyville, Phase 3, located at 3501 Alsace Avenue, Case ZC20-019 Mayor Newton read the caption of Ordinance O-20-2142. Community Development Director Ben Bryner presented this item and stated a super majority vote is required because the Planning and Zoning Commission denied the request. Director Bryner stated the request for a Special Use Permit (SUP) for a five foot wrought iron fence above an existing retaining wall to encroach into the street side yard setback for a corner lot. He noted staff recommends denial as it does not meet the technical requirements of the Land Development Code, and the Planning and Zoning Commission recommended denial by a 4-3 vote. Mayor Newton stated the next agenda item to be addressed will be the fence on the back side of this property. He asked staff what is the height of the retaining wall on the back section toward the street. Director Bryner stated approximately four and one-half feet. Mayor Newton, Mayor Pro Tem Lindamood, and Councilmember Wheat stated they believe the item should be approved for safety with restrictions on where the fence can be and on the type of fence to insure the overall aesthetic of the subdivision. Mayor Newton opened the public hearing at 9:08 p.m. Applicant Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney, Tradition Homes, thanked Mayor Newton and the City Council for the consideration and stated the request seeks to provide safety, continuity of the neighborhood and aesthetics. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:10 p.m. This was a first reading, therefore, City Council did not take action. 5e Ordinance O-20-2143 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 18, Block 9, Creekside at Colleyville, Phase 3, located at 3500 Lejoie Lane, Case ZC20-021 Mayor Newton read the caption of Ordinance O-20-2143. City Council Minutes October 6, 2020 City of Colleyville Page 11 Community Development Director Ben Bryner presented this item and stated a super majority vote is required because the Planning and Zoning Commission denied the request. Director Bryner stated the request for a Special Use Permit (SUP) for a five foot wrought iron fence above an existing retaining wall to encroach into the street side yard setback for a corner lot. He noted staff recommends denial as it does not meet the technical requirements of the Land Development Code, and the Planning and Zoning Commission recommended denial by a 4-3 vote. Due to the discussion on the previous item, there were no additional questions. Mayor Newton opened the public hearing at 9:13 p.m. Applicant Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney, Tradition Homes, thanked Mayor Newton and the City Council for the consideration and stated the request seeks to provide safety first, however, they are also seeking continuity along the build line and within the neighborhood. Councilmember Dodson stated the corner should be wrapped around and go south. Mayor Pro Tem Lindamood and Councilmember Wheat agreed. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:16 p.m. This was a first reading, therefore, City Council did not take action. 6. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING Items 6a and 6b were not removed from the table. 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 ZC20-015 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 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-20-4539 Amending Resolution R-20-4515 designating electioneering locations at and adjacent to the Colleyville City Hall/Library polling place; City Council Minutes October 6, 2020 City of Colleyville Page 12 providing for a map of the electioneering locations, and providing for electioneering at said locations Mayor Newton read Resolution R-20-4539 in its entirety. City Attorney Whitt Wyatt reviewed the regulations in detail and stated they were changed due to procedural challenges. Mayor Newton asked Attorney Wyatt if the definition of clothing in the regulations could be clarified in reference to clothing being considered electioneering. Attorney Wyatt noted the definition and use in reference in regard to electioneering is a common legal determination and it is stated wearing clothing outside of the 100 foot marker will not be considered electioneering. All Councilmembers asked for the beginning times for electioneering set-up be enforced consistently. Mayor Newton opened the public hearing at 9:44 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:44 p.m. Councilmember Kelley made a motion to approve Resolution R-20-4539 and Councilmember Rigney seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive North, thanked the City Council and City Manager for the assistance with locating her property line marker, and for their patience with her. Mrs. Hadley also stated she is not in favor a contractor registration or the electioneering regulations as she believes homeowners should use due diligence when investigating a contractor and the everyone needs to lighten up and be kind to one another in regard to electioneering. Mrs. Hadley also noted the street needs to be marked for the lanes on Glade Road, going east in the turn lane, after crossing over SH26. City Council Minutes October 6, 2020 City of Colleyville Page 13 9. REPORTS June 22, 2020 Planning and Zoning Commission Worksession Minutes June 22, 2020 Planning and Zoning Commission Minutes July 13, 2020 Planning and Zoning Commission Minutes There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, OCTOBER 6, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-4540 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 9:54 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 20TH DAY OF OCTOBER 2020. Minutes taken and prepared by: Christine Loven, TRMC City Secretary