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HomeMy WebLinkAboutCity Council-Minutes-11/02/2020 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 Monday, November 2, 2020 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Discussion of the Annual Sidewalk Connectivity Project WS-2 Discussion of amendments to Chapter 3, Section 3.28 – Supplementary District Regulations of the Land Development Code specific to parking and storage of vehicles to include Recreation Vehicles, commercial vehicles, and junked/abandoned vehicles WS-3 Discussion of the November 2, 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 real property at 5000 Bills Lane and 4928 Bills Lane, in connection with 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 CHAMBERS City Council Agenda November 2, 2020 City of Colleyville Page 2 INVOCATION: Pastor Garrison Polsgrove, Compass Christian 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-20-4544 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4545 4a Approval of the minutes of the regular City Council meeting of October 20, 2020 4b Approval of a "Colleyville Christmas Card" economic development gift card program 4c Ratifying the execution of corrected Ordinance O-19-2101, as passed and approved by the City Council on December 3, 2019; and authorizing the City Secretary to notate and file corrected ordinance in the official City records 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-20-2144 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for a fence to exceed the maximum 8 foot height allowed on Lot 36, Block 5, Creekside at Colleyville, Phase 5, located at 4008 Petrus Boulevard, Case ZC20-023 5b Ordinance O-20-2145 Consideration of a zoning change request from the AG Agricultural to R-40 Single Family Residential district on Lot 3, Mrs. Eva Paul’s Subdivision, located at 911 Tinker Road, Case ZC20-024 5c Ordinance O-20-2146 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for an Accessory Building to exceed the required 4% maximum lot coverage for accessory buildings on Lot 16, Block C, Brook Meadows Addition, located at 4501 Shadycreek Lane, Case ZC20-022 City Council Agenda November 2, 2020 City of Colleyville Page 3 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-20-4546 A resolution authorizing the call of Colleyville Economic Development Corporation bonds 7b Resolution R-20-4547 A resolution authorizing the transfer of funds from the Tax Increment Finance District to the Colleyville Economic Development Corporation (CEDC) to call the CEDC bonds 7c Resolution R-20-4548 Consideration of a replat with a plat waiver for lot width for Lot A1R-3, Block 2, Pleasant Oak Estates, being Lot A1S, Block 2, Pleasant Oak Estates Addition, located at 508 Leta Lane, Case PC20-008 8. CITIZEN COMMENTS 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MONDAY, NOVEMBER 2, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-4549 10. ADJOURNMENT City Council Agenda November 2, 2020 City of Colleyville Page 4 I hereby certify this agenda was posted on City Hall bulletin boards Friday, October 30, 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 Monday, November 2, 2020 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Monday, November 2, 2020, at 5:30 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, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of the Annual Sidewalk Connectivity Project Public Works Director Ray Silva-Reyes presented this item by providing a presentation of possible connectivity projects, and budgets per each, in alphabetical order. At the end of the presentation, staff provided a recommendation for five sidewalks to receive priority in FY21. Mayor Newton gave a quick summary of the revised Sidewalks and Trail policy which now links to the sidewalk map, the process used to develop both, and the research and presentation which has been brought before the City Council by the ad-hoc Pedestrian Transportation Advisory Committee. As Director Silva-Reyes progressed through the presentation, he answered questions. There was discussion noting a bus stop and hill at the Bandit Trail location, and request to finish off the entire section along LaVaca. At the conclusion of the presentation and Director Silva-Reyes presenting the priority order which staff was recommending, there was discussion regarding bidding all the projects, in an effort to receive better quotes based on quantity. City Council directed staff to complete all the design contracts for each section requiring them, and to bring the list and probable cost back to Council for review before bidding. WS-2 Discussion of amendments to Chapter 3, Section 3.28 – Supplementary District Regulations of the Land Development Code specific to parking and storage of vehicles to include Recreation Vehicles, commercial vehicles, and junked/abandoned vehicles City Council Minutes November 2, 2020 City of Colleyville Page 2 Community Development Director Ben Bryner presented this item and explained the City Council discussed the parking and storage of recreational vehicles, commercial vehicles, and junked/abandoned vehicles at the September 1, 2020 Worksession. At that time, and in an effort to protect the neighbors from the unsightly parking and storage of such vehicles, City Council expressed a desire to amend the Land Development Code. Director Bryner stated the proposed amendments clarify the location on residential property where such vehicles can be parked as well as screening requirements when visible from a right-of-way or adjacent residence. He also noted the proposed changes were approved by the Planning and Zoning Commission with minor changes. Mayor Newton stated there is a great amount of detail in the proposed amendments and he wants the Council to be very thoughtful and very careful, to not add more administration and bureaucracy. He stated this is a complicated process and in speaking with the City Manager, we wanted to understand what was driving the process. Mayor Newton stated there are not a lot of complaints, but there are also violations which are known, but complaints are not filed, therefore, his next question would be, of the number of complaints filed and known, are they outside the regulations of current ordinances. Mayor Newton stated he believed current ordinances take care of nearly every complaint and he will be cautious, and does not want to support adding ordinances and requirements for complaints which have not been made. Councilmember Nakamura agreed with Mayor Newton, stating she does not want the City (government) to infringe on property owners and noted HOAs have their own regulations and covenants. Mayor Newton noted Colleyville has more residential areas which are on large lots, not small subdivisions with row housing, which means there is less need for regulation. Councilmember Wheat asked if the City can assist HOAs in enforcing the HOA regulations and covenants. City Manager Jerry Ducay stated the City could only enforce HOA regulations if the subdivision was a PUD, where part of the ordinance approval was the adoption of the regulations and covenants. He noted the City could provide a friendly visit to advise of a complaint. Director Bryner continued the presentation, beginning with the first proposed amendment addressing recreational vehicles. Discussion ensued regarding the amount of time a recreational vehicle can be parked on a public street and defining recreational equipment, public streets, parkways, and alleys. There was discussion regarding exceptions for lot size, and vehicles which are licensed and insured. Councilmember Dodson stated he thought the larger issue is old cars and trailers being parked on the grass in front of a home and not being screened. City Council Minutes November 2, 2020 City of Colleyville Page 3 Director Bryner noted the next amendment addresses the issue. Councilmember Nakamura and Mayor Newton addressed how these regulations may effect larger lot owners and older residents in smaller neighborhoods. Due to time restrictions, the City Council will continue to have a discussion on how and if the amendments should go forward in total or on a limited schedule. WS-3 Discussion of the November 2, 2020 City Council regular agenda items Mayor Newton stated item 6a and 6b will be removed from the table, and noted everyone had been notified, and this was an actionable item. Councilmember Dodson stated as this is the first time substantial changes are coming before the Council, he will have a tendency to see this as a first reading ordinance. Mayor Newton closed the Worksession at 6:29 p.m. and called the Executive Session to order. 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 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 real property at 5000 Bills Lane and 4928 Bills Lane, in connection with 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 There was no action taken during the Executive Session and Mayor Newton closed Executive Session at 7:09 p.m. Mayor Newton called the regular meeting to order at 7:31 p.m. and called the roll. City Council Minutes November 2, 2020 City of Colleyville Page 4 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 Garrison Polsgrove, Compass Christian 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-20-4544 Mayor Newton read Resolution R-20-4544 in its entirety. Public Works Director Ray Silva-Reyes explained the resolution approves a real estate acquisition for the purchase of a permanent utility easement and two temporary construction easements at 5000 Bills Lane. The easements are needed for the Water Project Number 10 which is a water line tie on the west side of the City, along Glade Road up to Bills Lane. This project will increase fire flow and provide redundancy for water quality. City Council did not have questions. Mayor Newton opened the public hearing at 7:37. There were no speakers and Mayor Newton closed the public hearing at 7:37 p.m. Councilmember Nakamura made a motion to approve Resolution R-20- 4544, seconded by Mayor Pro Tem Lindamood. The motion for approval passed with the following vote: 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 Before beginning with announcements, Mayor Newton noted Chad Turner had left the City a thank you note that evening and he wanted to assure Mr. Turner his note was received and thanked him for taking the time to write. City Council Minutes November 2, 2020 City of Colleyville Page 5 Mayor Newton and Councilmembers made the following announcements: COVID Update: As I have throughout the pandemic, I want to provide an update on where Colleyville and Tarrant County stands related to COVID cases. We have seen an overall increase in active positive cases. With our 14-day roll off, we have 114 active positive cases. The County’s numbers show the city having 155 cases. Regardless, the numbers have steadily been increasing. Thankfully, we still have 0 deaths in Colleyville. Two graphs for Tarrant County were shown. One is the epidemic curve and the other is the weekly death count per week for Tarrant County which depicted the case count is going up, but deaths remain low compared to the peak in August. This data implies treatments and medical response has improved, a larger number of younger people are testing positive who usually don’t get sick or die, and/or the dramatic increase in testing drives the count up. With the recent increase in cases, it is important for everyone to remember to do simple things to protect you and your family such as wash your hands regularly, physically distance from others when possible, wear a mask if you can’t physically distance, and stay home if you aren’t feeling well or are exhibiting any COVID symptoms. If you are exhibiting any COVID symptoms call your doctor immediately. Early onset treatment is key to a quick recovery. Medical services availability is still within acceptable parameters with overall hospital bed availability within Tarrant County at 25% with COVID patients using about 10% of total hospital beds. Ventilator capacity remains steady at 68% availability. Please be safe and let’s work together to fight this virus. Election Day: Colleyville Public Library, Covenant Church on Glade Road, and Liberty Elementary School on West McDonwell School Road are Colleyville Election Day polling places. Voting will take place from 7:00 a.m. to 7:00 p.m. All voters residing in Tarrant County may vote at the Library or any one of the 340 Tarrant County Vote Centers. For additional information, contact the City Secretary’s office at 817-503-1133. Fire Department Update: The Fire Department will soon be taking delivery of a new ambulance. This ambulance will replace the ambulance currently in use at Fire Station #3. The ambulance currently in use at Fire Station #3 will be moving into reserve status and our current reserve will continue functioning as a dedicated COVID-19 response vehicle. Having a dedicated unit for COVID-19 lessens the exposure of the virus and other particulates in other front-line units. Front-line units would be in service and ready to respond more quickly. (Each time there is a transport of a COVID-19 patient, there is a 30 to 60 minute decontamination period needed to get back in service making those apparatus unavailable to respond to emergencies). The unit has been stocked in a manner to provide for ease of clean up and decontamination. City Council Minutes November 2, 2020 City of Colleyville Page 6 Glade Road Construction Is Underway: The Contractor is currently working on the underground storm sewer system from SH 26 to Riverwalk Drive. The culvert underneath Glade Road at Riverwalk is being extended to the south to accommodate the future roundabout that will be constructed with this project. Within a couple of weeks, the Contractor will start installing the waterline along the corridor. Also, they will be installing sidewalks from SH 26 (near City Garage) to Thompson Terrace. For questions or concerns regarding this construction project, please contact Construction Manager, Corey Lawson at 817.503.1093. Grant Opportunities Available for Colleyville Small Businesses: Tarrant County Small Business Assistance Grant - The Tarrant County Commissioners Court has approved a second round of the Tarrant County Small Business Assistance Grant Program, which provides financial assistance to small businesses that have been adversely affected by the COVID-19 pandemic. There are specific requirements and guidelines for this grant opportunity and grant awards are capped at $10k per business. Small businesses are encouraged to apply. Program Details: WHO is eligible? Colleyville businesses with 25 full-time or fewer employees WHEN to apply? Online applications are accepted October 26 through November 10 at http://smallbusiness.tarrantcounty.com. For assistance or questions, email TCSBgrant@tarrantcounty.com or call 817.515.2603. John McCain/Westcoat: The intersection of John McCain and Westcoat is about three weeks out from being completed. The intersection has about 95% of the concrete poured already. The stamped concrete sections are scheduled to be completed early next week. The project is on schedule. Landscape improvements are slated to begin the week of November 2. Police Department Investigation Leads to Elder Fraud Charges: The City of Colleyville Police Department, more specifically Detective Jeff Prater, developed a case that led to the arrest of alleged elder fraud suspects. This week, a Tarrant County Grand Jury issued indictments for four individuals suspected of taking over $1 million from elderly victims. We are proud of this work by our Police Department. These charges are the result of a 17-month investigation into millions of dollars of elderly financial fraud. Among the agencies involved: the Tarrant County Criminal District Attorney's Office, the Colleyville Police Department, United States Secret Service, Texas Department of Public Safety, the U.S. Postal Inspector and the San Diego County District Attorney's Office. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20- 4545 4a Approval of the minutes of the regular City Council meeting of October 20, 2020 City Council Minutes November 2, 2020 City of Colleyville Page 7 4b Approval of a "Colleyville Christmas Card" economic development gift card program 4c Ratifying the execution of corrected Ordinance O-19-2101, as passed and approved by the City Council on December 3, 2019; and authorizing the City Secretary to notate and file corrected ordinance in the official City records Mayor Newton read Resolution R-20-4545 in its entirety. Assistant City Manager Adrienne Lothery presented item 4b, the Colleyville Christmas Card. Manager Lothery explained the previous programs have been a success and noted this year the City has exceeded sales tax projections, but the increase was from on-line sales. Manager Lothery stated this program is designed to help the City’s brick and mortar businesses and work has already begun with in person visits to all local businesses to advise them of the program. Manager Lothery stated $50 cards would be distributed through the houses of worship for those in need of essentials. Mayor Newton stated he is very proud and supportive of this program and Colleyville is the only city to have done this. He stated the City is very supportive of local businesses and has won awards for this program. Mayor Newton explained item 4c allows the City Secretary to correct an SUP fence ordinance in Highland Meadows with proper amendment language. Mayor Newton opened the public hearing at 8:03 p.m. There were no speakers and Mayor Newton closed the public hearing at 8:03 p.m. Councilmember Rigney made a motion to approve Resolution R-20-4545, seconded by Councilmember Kelley. The motion for approval passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-20-2144 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for a fence to exceed the maximum 8 foot height allowed on Lot 36, Block 5, Creekside at Colleyville, Phase 5, located at 4008 Petrus Boulevard, Case ZC20-023 City Council Minutes November 2, 2020 City of Colleyville Page 8 Mayor Newton read the caption of Ordinance O-20-2144. Community Development Director Ben Bryner presented this item stating a super majority vote is required as the request is for an appeal of the Planning and Zoning Commission’s denial of an SUP for a fence to exceed a height of eight feet. In providing the history of the request Director Bryner stated a building permit was issued for a new home at 4008 Petrus Boulevard in March of 2020 and a fence permit was issued August 18, 2020 for a fence. The application identifies a height of 6 feet for the fence along the sides and rear. However, the exhibit does have a label for the rear fence to be 8 feet in height on a 2-foot, treated wood retaining wall. The treated wood is not a retaining wall, making the overall height of the fence 10 feet tall. The applicant is requesting approval of an SUP to allow for a 10 foot wood fence being an eight foot cedar wood fence above a two foot treated wood fence and located near the rear property line. There was discussion regarding the inconsistencies with the fence permit, direction of drainage, the fence height, tree preservation, and if the support for the SUP was by the homeowner or builder. Mayor Newton opened the public hearing at 8:18 p.m. Mary Lou Hendrickson, 4008 Petrus, owns the property and is the applicant, discussed purchasing the property because it was the largest lot for a smaller, one story home, but she had concerns regarding the drainage and property behind her lot. Ms. Hendrickson reviewed fence and property photographs at her residence to explain she was trying to provide privacy for herself and neighbors as there is a six foot elevation change between neighbors, while at the same time, hide the railroad tie retaining wall with a wrought iron fence on top. Ms. Hendrickson stated the builder had received a verbal okay from the City for the eight foot fence, but it was the fence installer, who completed the fence permit and made the error, not the builder or herself. Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney, Tradition Homes, the builder of this home, advised Council Tradition Homes coordinates with the fence company and both had spoken with the back neighbor and offered to enhance the fence and he felt this request is being made by future Colleyville residents, not the builder. Ms. Hendrickson told the City Council her lot slopes and she hopes they will give her request consideration because of the elevation and because the fences on three properties are now the same height and all are receiving the privacy each were trying to obtain. Councilmember Wheat asked Ms. Hendrickson how the drainage was being addressed. Ms. Hendrickson and Mr. Schneider stated there is no drainage issue City Council Minutes November 2, 2020 City of Colleyville Page 9 as the flow is north/south and there are many French drains on Ms. Hendrickson’s lot. In response to Mayor Pro Tem Lindamood noting the east side fence is eight foot and the side fences are six foot, Ms. Hendrickson asked if a compromise could be reached where the fence steps down along the retaining wall. There was discussion regarding the location and height of the retaining walls, the overall height of the fence, and the height of the fence when placed on the retaining wall. Mayor Newton advised Ms. Hendrickson and Mr. Schneider a full rendering of the fence along the back should be brought back to the next meeting and both should be prepared to answer the drainage and tree questions. Matt Brindle, 911 Tinker Road, questioned if lights shine into Ms. Hendrickson’s home because the neighbors drive is six foot higher. Mayor Newton closed the public hearing at 8:45 p.m. This was a first reading, therefore no action was taken. 5b Ordinance O-20-2145 Consideration of a zoning change request from the AG Agricultural to R-40 Single Family Residential district on Lot 3, Mrs. Eva Paul’s Subdivision, located at 911 Tinker Road, Case ZC20-024 Mayor Newton read the caption of Ordinance O-20-2145. Community Development Director Ben Bryner presented this item stating this is a request to rezone from the AG Agricultural district to the R-40 Single Family Residential district to allow for construction of a new single-family home and there are no new lots proposed. He also explained the current lot size does not comply with the AG zoning but in order to receive a building permit, the change of zoning is needed. The current size of the property does comply with all the minimum standards of the R-40 Single-Family Residential zoning and the property has been platted since 1953. Mayor Newton stated the zoning was appropriate and Council did not have any questions. Mayor Newton opened the public hearing at 8:48 p.m. Matt Brindle, 911 Tinker Road, the applicant, thanked staff for their responsiveness and City Council for their consideration. Councilmember Nakamura asked Mr. Brindle if he plans to live on this lot. He stated yes, he lives there now. Mayor Newton closed the public hearing at 8:49 p.m. City Council Minutes November 2, 2020 City of Colleyville Page 10 This was a first reading, therefore no action was taken. 5c Ordinance O-20-2146 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for an Accessory Building to exceed the required 4% maximum lot coverage for accessory buildings on Lot 16, Block C, Brook Meadows Addition, located at 4501 Shadycreek Lane, Case ZC20-022 Mayor Newton read the caption of Ordinance O-20-2146. Community Development Director Ben Bryner stated a super majority vote is required on this item which is a request for a Special Use Permit for an accessory building to exceed the 4% lot coverage allowance. The requestor is seeking approval to allow for an oversized garage/workshop and patio cover to exceed the lot coverage allowance. Director Bryner explained the options given to the applicant, reviewed the building elevations, and stated the eight adjacent property owners have provided a petition of support for the SUP. Mayor Newton opened the public hearing at 9:00 p.m. and asked the applicants, Bruce and Stacey Taylor to come forward. Mayor Newton asked the Taylor’s to speak to the HOA requirements in their subdivision. Mr. Taylor stated the HOA does not allow a side-entry garage, and if they built a building behind the garage, the original garage would have to be converted and the roof removed, which is very expensive and arduous. Mr. Taylor explained the size of the original plan caused trouble with the architecture and aesthetics of the house and garage. Mrs. Taylor spoke on their need of patio covers, but their willingness to compromise. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:07 p.m. This was a first reading, therefore, no action was taken. Mayor Newton recessed the meeting at 9:07 p.m. and reconvened at 9:17 p.m. Mayor Newton announced he was going to move to item 7c and will return to item 6a after 7c. Mayor Newton returned to items 6a and 6b at 9:25 p.m. Councilmember Wheat made a motion to remove Ordinance O-20-2127 and Ordinance O-20-2128 from the table, seconded by Councilmember Nakamura, and passed unanimously, 7-0. City Council Minutes November 2, 2020 City of Colleyville Page 11 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 Mayor Newton read the captions of Ordinance O-20-2127 and Ordinance O-20- 2128. Community Development Director Ben Bryner stated this item has been tabled since September 1, 2020. The applicant worked with staff and the City Manager and has provided revised plans with the following changes: 1) shortened the fire lane to accommodate all playgrounds in front of the building; 2) Revised the building plans to relocate the entrance to the north façade and to add a tower feature in the front corner; 3) added additional landscaping along the rear property line and to the front of the building; and 4) designed the playground fencing to include masonry columns where visible from the main drive within the development. Director Bryner stated notices were mailed, emailed, and where possible, phone calls were made to those who had spoken on these ordinances previously, advising them the items will be removed from the table for discussion and possible action. There was discussion with the developer Stephen Brown, Buttry & Brown Development, LLC, 5801 Tennyson Parkway, Suite 150, Plano, the sound study engineer Jerry Keller, 1801 Royal Lane, Suite 400, Farmers Branch, and the school owners, Krishna Adavi and Sowjanya Pisupati, 2555 Sage Ridge Drive, Frisco. Mr. Adavi and Ms. Pisupati discussed their connection with Kiddie Academy through their children and their desire to own and be associated with Kiddie Academy and desire to be in Colleyville with a family operation. In answer to a question from Councilmember Nakamura, Mr. Adavi stated they chose the current location for the school because the location was located by a broker. Stephen Brown and Jerry Keller addressed questions regarding the sound study, changes in the location of the wall, fence, and playgrounds, the sound effect of traffic on Highway 26, the sound of car doors closing, and the measurement of sound at different locations within Colleyville. Mr. Brown focused on the revisions which included the location of the dumpster, playgrounds, parking, and wall, the redesigned front elevations, the addition of a tower, shade structures, a reduced drive lane, enhanced landscape, tree preservation, and the monument sign. There were several questions by Councilmember Dodson asking why the sound study was conducted for only two minutes at each of the four locations, and the City Council Minutes November 2, 2020 City of Colleyville Page 12 possibility that a longer study might provide better information regarding the sound. Mayor Newton opened the public hearing at 10:38 p.m. Susan Reynolds, 6417 Kingston, spoke in opposition with concern for the location of the school to her home, noise, zoning, the finances of the owners, other Kiddie Academy schools not being located near residential property, and property values being reduced. Fray Webster, 112 Quail Run, spoke in support of the item, noting the applicants have worked diligently to accommodate staff, P&Z, City Council, and the neighbors and he hopes everyone can move forward. Brad Gilbreath, 6409 Kingston, spoke in opposition to the request with concern for noise. Kristi Spann, 6409 Kingston, did not wish to speak, but recorded opposition. There were no others wishing to speak and Mayor Newton closed the public hearing at 10:59 p.m. There was additional discussion regarding number of staff, students, if the student enrollment can be increased, and construction materials to be used for windows, doors, fence material, and roofing. Mayor Newton advised Mr. Brown the City Council needs to see a better articulation of the building, what kind of roofing material, the windows and doors which will be used with manufacturer specifications, and a longer time frame for the noise study. Councilmember Kelley made a motion to table Ordinance O-20-2127 and Ordinance O-20-2128 to allow the applicant time to provide the information requested, seconded by Councilmember Nakamura. The motion to table was approved by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 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 City Council Minutes November 2, 2020 City of Colleyville Page 13 Councilmember Kelley made a motion to table Ordinance O-20-2127 and Ordinance O-20-2128 to allow the applicant time to provide the information requested, seconded by Councilmember Nakamura. The motion to table was approved by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-20-4546 A resolution authorizing the call of Colleyville Economic Development Corporation bonds Mayor Newton read Resolution R-20-4546 in its entirety. Assistant City Manager Mark Wood presented this item and noted the same information is presented for 7a and 7b, Resolutions R-20-4546 and R-20-4547 respectively. Manager Wood stated the recommendation to call the bonds came from the Audit Committee while reviewing the City’s debt. The current debt schedule has payments through 2029 with a total remaining principal of $4,775,000, and total remaining interest of $645,193. By calling the CEDC bonds in December, the City will save $645,192 in interest payments. This will also free up approximately $600,000 annually in CEDC funding. Manager Wood stated while researching the bond call, it was determined several projects paid for with the CEDC bonds are Tax Increment Finance District (TIF) eligible. The following resolution will seek approval to transfer $5,518,968 from the TIF to the CEDC and use the funding to pay off the bonds. The remaining $743,968 will be added to CEDC fund balance. Councilmember Wheat asked if the $743,000 is ear-marked for a project. Manager Wood stated it is not and the reason for including it in the transfer is because it equals the TIF eligible projects. Mayor Newton asked Manager Wood to list some of the TIF eligible projects for which CEDC funds were used. Manager Wood noted trails, Colleyville Center, SH26 markers, and Library, just to note a few. Mayor Newton opened the public hearing at 11:19 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:19 p.m. City Council Minutes November 2, 2020 City of Colleyville Page 14 Councilmember Nakamura made a motion to approve Resolution R-20- 4546, seconded by Mayor Pro Tem Lindamood. The motion for approval passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7b Resolution R-20-4547 A resolution authorizing the transfer of funds from the Tax Increment Finance District to the Colleyville Economic Development Corporation (CEDC) to call the CEDC bonds Mayor Newton read Resolution R-20-4547 in its entirety. Assistant City Manager Mark Wood stated this resolution will authorize the transfer of funds as discussed in the previous briefing. 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. Councilmember Rigney made a motion to approve Resolution R-20-4547, seconded by Councilmember Wheat. The motion for approval passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Mayor Newton took item 7c out of order at 9:17 p.m. 7c Resolution R-20-4548 Consideration of a replat with a plat waiver for lot width for Lot A1R-3, Block 2, Pleasant Oak Estates, being Lot A1S, Block 2, Pleasant Oak Estates Addition, located at 508 Leta Lane, Case PC20-008 Mayor Newton read Resolution R-20-4548 in its entirety. Community Development Director Ben Bryner presented this item which is a replat with a plat waiver for lot width and to plat the property into one single-family residential lot. Director Bryner explained the proposed plat meets most of the requirements of the R-40 zoning as described in the Land Development Code however, the lot width is 132.60 feet, which requires a plat waiver. Mayor Newton stated the whole area is R-40, but the lots are narrower and will be a problem for lots 5705 and 5701. There were no questions. City Council Minutes November 2, 2020 City of Colleyville Page 15 Mayor Newton opened the public hearing at 9:21 p.m. Theresa Lyons, 3207 St. Albans Circle, stated she was the owner of the property and she is preparing it for a lease property. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:24 p.m. Councilmember Dodson made a motion to approve Resolution R-20-4548, seconded by Councilmember Wheat. The motion for approval passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Mayor Newton returned to item 6a at 9:25 p.m. 8. CITIZEN COMMENTS There was no one present wishing to speak. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MONDAY, NOVEMBER 2, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-4549 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 11:24 p.m. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 17TH DAY OF NOVEMBER 2020. Minutes taken and prepared by: Christine Loven, TRMC City Secretary