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HomeMy WebLinkAboutCity Council-Minutes-11/17/2020 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, November 17, 2020 WORKSESSION - 5:30 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Update on SH26 Beautification Project - Pastoral Gateway WS-2 Discussion of the Stormwater Management Program WS-3 Discussion of recognizing Martin Luther King, Jr. Day WS-4 Discussion of the November 17, 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 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: Pastor Lanre Sobo, Glory House PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda November 17, 2020 City of Colleyville Page 2 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4550 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-20-4551 4a Approval of the minutes of the regular City Council meeting of November 2, 2020 4b Approval of a Construction Services Agreement with Pavecon Public Works, LP, for the L.D. Lockett Right Turn Lane Addition Project, in an amount not to exceed $301,927.10 and a contingency amount not to exceed $30,000.00, and authorizing the City Manager to execute the agreement 4c Approval of an Interlocal Agreement (ILA) with the City of Southlake to share the cost of construction for an Emergency Interconnection Meter Vault on Pleasant Run Road, and authorizing the City Manager to execute the agreement 4d Approval of an Interlocal Agreement (ILA) with the City of Southlake to implement a Standard Operating Procedure (SOP) for an Emergency Interconnection Meter Vault on Pleasant Run Road, and authorizing the City Manager to execute the agreement 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - October 2020 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 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 Agenda November 17, 2020 City of Colleyville Page 3 6b 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 6c 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 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 7a 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 7b 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 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-20-4552 Request for a variance to Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically to street side and rear yard setback requirements, on Lot 1, Block A, Hampton Addition, located at 2301 Glade Road, Case VC20-003 8b Resolution R-20-4553 Appointing members to the Audit Committee 8c Resolution R-20-4554 Appointing members to the Colleyville Center Advisory Committee 8d Resolution R-20-4555 Appointing members to the Colleyville Economic Development Corporation City Council Agenda November 17, 2020 City of Colleyville Page 4 8e Resolution R-20-4556 Appointing members to the Library Board 8f Resolution R-20-4557 Appointing members to the Metroport Teen Court Advisory Board 8g Resolution R-20-4558 Appointing members to the Parks and Recreation Advisory Board 8h Resolution R-20-4559 Appointing members to the Planning and Zoning Commission 8i Resolution R-20-4560 Appointing members to the Zoning Board of Adjustment 8j Resolution R-20-4561 Appointing the Mayor and two Colleyville City Councilmembers to the Municipal Judge Review and Selection Committee 8k Resolution R-20-4562 Appointing members to the Tax Increment Financing (TIF) District Board 8l Resolution R-20-4563 Amending Resolution R-20-4539 by approving the City Hall/Library Polling Place Electioneering Regulations and map exhibits 9. CITIZEN COMMENTS 10. REPORTS Planning and Zoning Commission Worksession Minutes - August 24, 2020 Planning and Zoning Commission Minutes - October 12, 2020 Planning and Zoning Commission Worksession Minutes - October 26, 2020 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, NOVEMBER 17, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-4564 12. ADJOURNMENT City Council Agenda November 17, 2020 City of Colleyville Page 5 I hereby certify this agenda was posted on City Hall bulletin boards Friday, November 13, 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, November 17, 2020 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, November 17, 2020, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat via conference, 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, Public Works Director Ray Silva-Reyes, and City Attorney Whitt Wyatt. WS-1 Update on SH26 Beautification Project - Pastoral Gateway Assistant City Manager Adrienne Lothery provided an overview of the process to this point and stated the objective with this update is to receive final direction from the City Council before the project is ready to go to bid. Manager Lothery then turned the briefing over to David Newman, MESA Design Group. Mr. Newman reviewed each of the directives provided by City Council which included widening the base of the towers, increased tower height, grade increases, and landscape and hardscape adjustments. There was discussion regarding the landscape, location of tower to the intersection of John McCain and SH26, trees, plant material, and maintenance of the landscaping. Manager Lothery and Mr. Newman reviewed the bid timeline in response to Mayor Newton discussing the timeline for completing the project. Due to time restraints, Mayor Newton stated they will move on to item WS-4, to discuss appointments to the Boards, Commissions, and Committees. WS-2 Discussion of the Stormwater Management Program This item will be moved to the December 1, 2020 agenda. WS-3 Discussion of recognizing Martin Luther King, Jr. Day This item will be moved to the December 1, 2020 agenda. City Council Minutes November 17, 2020 City of Colleyville Page 2 WS-4 Discussion of the November 17, 2020, City Council regular agenda items Mayor Newton distributed a spreadsheet of the applicants for the Boards, Commissions, and Committees which will be appointed later on the agenda. Mayor Newton explained the applicants highlighted in red are an incumbent being recommended for reappointment and applicants highlighted in green are non- incumbents recommended for appointment. The Mayor and City Council reviewed each of the Boards, Commissions, and Committees and the Council’s desire to involve as many citizens as possible, noting the ratio of incumbents to new applicants is approximately 40/60. Mayor Newton adjourned the Worksession at 6:30 p.m. and called the Executive Session to order at 6:31 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat via conference, 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 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 7:38 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat via conference, George Dodson, Chuck Kelley and Callie Rigney. City Council Minutes November 17, 2020 City of Colleyville Page 3 INVOCATION: Pastor Lanre Sobo, Glory House PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt Mayor Newton noted Councilmember Wheat is participating in the meeting via Zoom and as the City Secretary Christine Loven is out, all votes will be taken manually. Mayor Newton stated items 7a and 7b will not be removed from the table at this meeting. 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4550 Mayor Newton read Resolution R-20-4550 in its entirety. Assistant City Manager Mark Wood spoke to Section 1, explaining this is an opportunity for The Londoner to work toward paying back the loan which the business received in 2011, from the City. Manager Wood explained The Londoner is in default, reviewed the payment history and collection attempts, and stated a payment has recently been made and the City is appreciative. Mayor Newton stated we are trying to follow through with due diligence and Manager Wood agreed. Assistant City Manager Adrienne Lothery spoke regarding Section 2 and Section 3 stating both acquisitions relate to the Main Street and SH26 intersection improvements which are also a part of the SH26 beautification project. She noted both items are Economic Development Agreements which will allow the City to acquire the property needed for the intersection improvements, while providing for improvements on private property and will complete the comprehensive design which will be enjoyed by all citizens. Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. Mayor Newton congratulated Manager Lothery on bringing this project together for the benefit of the citizens, businesses, and the City. There was general discussion regarding the timelines and expectations. Mayor Newton opened the public hearing. Kathy Hadley, 204 Timberline Drive North, spoke regarding the need for larger street signage along SH26, and encouraged enhancements to the tower. City Council Minutes November 17, 2020 City of Colleyville Page 4 There were no others wishing to speak and Mayor Newton closed the public hearing. Councilmember Nakamura made a motion to approve Resolution R-20- 4550, seconded by Councilmember Rigney. The motion to approve passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, 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 City Council made the following announcements: COVID Update: Colleyville has 199 active positive cases. Unfortunately, we now have 1 death. I grieve with this family, and ask that you pray for them. Tarrant County hospital bed availability is at 24%, and ventilator availability is at 66%. Tarrant County COVID patients are using 15% of the Tarrant County hospital beds. As I said in my weekly video last week, cases are increasing in Tarrant County and Colleyville. Please take steps to keep yourself and others safe such as physical distancing, washing your hands regularly, and wearing a mask when in public. If you have any symptoms, please get treatment quickly. Early detection and treatment has shown to provide better outcomes. Claire Stacy Named “Mayor for a Day” Last week, I visited the home of Colleyville resident Claire Stacy along with the City Manager, Police Chief and Fire Chief. The purpose of my visit was to formally notify Claire that she was chosen as the 2020 Mayor for a Day. Claire is a student at Colleyville Middle School. She is a member of Peer Assistance and Leadership (P.A.L.S.) and National Junior Honor Society. In the coming weeks Claire will appear in one of my weekly videos, attend a City Council meeting and officiate our annual tree lighting. Congratulations Claire! Kenny Phillips Named Employee of the Year: Mayor Newton asked Captain Phillips to join him at the dais personally recognized Kenny Phillips, Fire Department Captain and Emergency Services Coordinator, who was named Colleyville’s Employee of the Year last week. Kenny has been with the Colleyville Fire Department for 29 years, serving as a Captain since 1999. In addition to his role as a Captain, Kenny voluntarily took on the responsibility as the city’s Emergency Management Coordinator. City Council Minutes November 17, 2020 City of Colleyville Page 5 Kenny has been instrumental in our City’s COVID-19 response and equipment procurement efforts. When the news of the first coronavirus cases in the U.S. broke, Kenny immediately begin working with city leadership to develop and implement a plan for pandemic response. His quick action and tireless work ethic have made a difference in the safety of our employees and residents alike. Please join me in recognizing Captain Kenny Phillips as the 2020 Employee of the Year. TML Names Mayor Hunt (Coppell) as President: Mayor Karen Hunt of Coppell has been elected the President of TML for the coming year. It is wonderful to have a neighboring community leader representing our regional interests at TML. Congratulations Mayor Hunt! Sales Tax Continues Positive Trend: The Texas Comptroller’s Office has posted the most recent sales tax allocation information for November, representing all receipts from purchases made in September of this year. This is the last collection for Fiscal Year 2020, and we’re ending on a high note. Our most recent monthly collection came in at 12% over FY19, changing our year-to-date increase to 8.8%. In terms of dollars, Colleyville has exceeded our budget for the year by $690,000. If you recall our discussion a few Council meetings ago, we discussed that the September collection would likely push our FY20 General Fund surplus to $3.4 million ($1.4 million CARES Act funding & $2 million in General Fund operations surplus). With $428,000 of this month’s collections going to General Fund, I’m happy to say that this scenario appears to have come to fruition. All of this surplus will be transferred to our General Capital Projects Fund for use on our CIP. Gift Card Program Update: As you know, the City Council approved the Christmas gift card last meeting. Last week, the city manager’s office sent out a press release that generated positive media coverage for the city. The information was covered by different local news and radio stations. As we communicated in the press release, this program combines our two greatest assets, our businesses and residents. Hopefully the Colleyville Christmas card spreads Christmas joy this holiday season. Residents should watch for the gift cards in the mail this week. Tree Lighting Event Update: After carefully reviewing our options for the upcoming Christmas Tree Lighting Celebration, the decision has been made to transform the event into a drive through/virtual event. Santa’s arrival and the lighting of our tree will be livestreamed for all to enjoy! Guests will start their journey by driving down Main Street where they will be greeted by 5 drummers drumming, free hot chocolate, coffee and individually wrapped Christmas cookies. On their route, they will see a variety of characters and attractions including The Grinch, a Victorian Quartet, Frosty the Snowman, Toy Soldiers on Stilts and even a City Council Minutes November 17, 2020 City of Colleyville Page 6 Christmas Monkey! After Santa Claus greets you at City Hall, your route will continue through a Christmas light tunnel towards the South Lawn area which will be filled with several 3D light installations. Guests will then have the option to go home or to park in our South parking lot, tune in to an FM station and watch our drive-in movie. This event will still hold on to the spirit of Christmas while also promoting for safe enjoyment and I can’t wait to see you all there! Run-off Election Scheduled: Tarrant County will hold a run-off election on December 8, 2020. The City Hall will, once again, serve as a polling place for the early voting and Election Day activity. Early voting begins November 23 and runs through December 4. Colleyville Gives Grant Application Update: Just a reminder, Colleyville's annual #ColleyvilleGives advertising grant program is underway. 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. Police Department Raising Money for Pediatric Cancer Research: You may notice some of our male officers sporting facial hair and our female officers wearing fun nail polish. These deviations from standard operating procedures are part of the department’s Beard It Up/Color For The Cure fundraiser efforts for pediatric cancer! So far, we have had 27 employees donate towards this cause! That is an impressive participation percentage! As of today, we have raised $2,400. If you haven’t donated yet, it’s not too late! Our goal is to raise $3000 for this important cause! A link to the donation website is provided on the City’s website 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4551 4a Approval of the minutes of the regular City Council meeting of November 2, 2020 4b Approval of a Construction Services Agreement with Pavecon Public Works, LP, for the L.D. Lockett Right Turn Lane Addition Project, in an amount not to exceed $301,927.10 and a contingency amount not to City Council Minutes November 17, 2020 City of Colleyville Page 7 exceed $30,000.00, and authorizing the City Manager to execute the agreement 4c Approval of an Interlocal Agreement (ILA) with the City of Southlake to share the cost of construction for an Emergency Interconnection Meter Vault on Pleasant Run Road, and authorizing the City Manager to execute the agreement 4d Approval of an Interlocal Agreement (ILA) with the City of Southlake to implement a Standard Operating Procedure (SOP) for an Emergency Interconnection Meter Vault on Pleasant Run Road, and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-20-4551 in its entirety. Public Works Director Ray Silva-Reyes presented items 4b, 4c, and 4d, and answered questions of the City Council. Regarding item 4b, Councilmember Nakamura asked Director Silva-Reyes if the City has used Pavecon Public Works in the past. Director Silva-Reyes stated no, however, Mayor Pro Tem Lindamood stated he has worked with them and they are a good company. Councilmember Dodson asked how long the project will take and Director Silva-Reyes responded the project will take approximately 90 days. Regarding items 4c and 4d, Councilmember Dodson asked where the location of the vault will be. Director Silva-Reyes stated the vault will be located on the Southlake side, north of the bridge and noted there will be two fire hydrants. City Manager Jerry Ducay stated a portion of the funding for this project comes from reallocation of a funding match from the bridge on Jackson, which means the citizens receive the benefit of two projects, instead of one. Mayor Newton opened the public hearing. Kathy Hadley, 204 Timberline Drive North, stated she does not want funding from the Jackson Road Bridge to be used because she wants the Jackson Road Bridge done well. City Manager Ducay explained the Jackson Road Bridge received state funding which required a match by the City. The City’s match was $160,000, however, because of the creativity in the process, the state was willing to cover the City’s match and allowed the City to reallocate the funds to a project which the state believed qualified for improvement of a similar need. Therefore, the City was able to not lose any grant funding, not lose any of the improvement opportunity on Jackson, but were able to reallocate the funding to another project. There were no others wishing to speak and Mayor Newton closed the public hearing. City Council Minutes November 17, 2020 City of Colleyville Page 8 Councilmember Rigney made a motion to approve Resolution R-20-4551, seconded by Mayor Pro Tem Lindamood. The motion to approve passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, Rigney. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - October 2020 Finance Director Kyle Lester presented the October financial report noting through October, the General Fund has collected 1% of its budgeted revenue and spent 5% of its budgeted expenditures. Being the first of the fiscal year, the City has not collected any significant sales or property tax and is therefore running a sizeable, but expected deficit. Director Lester stated he anticipates a deficit of this size or slightly higher through November and possibly December, however, approximately $15.3 million in property tax receipts will hit the bank through the second quarter and Colleyville should run a surplus through the remainder of the year. Director Lester then gave a recap of each of the funds. There was discussion of spending down the fund balance, the Hotel Occupancy Tax, proactive planning for any effects of COVID, and the anticipated end of year report which will be presented in December. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 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 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. Director Bryner reviewed the new fence exhibit which was requested by City Council at the November 2, 2020 meeting and noted the applicant will address the exhibit and answer questions. City Council Minutes November 17, 2020 City of Colleyville Page 9 Mayor Newton called on Mary Lou Hendrickson, 4008 Petrus, owner of the property and applicant. Ms. Hendrickson reviewed the property photos, fence exhibit, and drainage. Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney, Tradition Homes, the builder of this home, answered questions regarding the design of the fence, specifically addressing the bottom horizontal cross-boards. Mayor Newton asked Mr. Schneider to explain the fence location in the drainage easement and drainage on the property. Mr. Schneider explained the location of the fence in the middle of the easement allows for both property owners to maintain their property and Tradition Homes worked with their drainage and irrigation group to design the drainage plan which allows the drainage to be moved from the back of the property to the front. Mr. Schneider explained this was achieved by placing the fence on a rock bed which allows the water to flow to the approved collection bins. There was further discussion regarding the drainage, tree preservation, the stipulations of the PUD, and adding weep holes to the fence. Mayor Newton opened the public hearing. Kathy Hadley, 204 Timberline Drive North, spoke regarding using trees to absorb drainage water. There were no others wishing to speak and Mayor Newton closed the public hearing. There was general discussion of raising the fence, adding weep holes or lattice to the fence, drainage, and the bottom fence boards. Mayor Pro Tem Lindamood made a motion to approve Ordinance O-20- 2144 with the amendment there shall be a three inch open gap between the bottom of the fence and the ground, which shall be maintained along the entire length of the fence, including the existing gate, and the horizontal two by four boards will be replaced with vertical cedar wood to reflect the rendering in Exhibit “B”, illustration F1.2., and Councilmember Kelley seconded the motion. The motion for approval passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6b 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 City Council Minutes November 17, 2020 City of Colleyville Page 10 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 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. Matt Brindle, 911 Tinker Road, the applicant, thanked staff for their support and advised he is available if there are questions. There were no others wishing to speak and Mayor Newton closed the public hearing. Councilmember Rigney made a motion to approve Ordinance O-20-2145 and Councilmember Nakamura seconded the motion. The motion for approval passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6c 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 City Council Minutes November 17, 2020 City of Colleyville Page 11 applicant, reviewed the building elevations, and stated the eight adjacent property owners have provided a petition of support for the SUP. Mayor Newton stated from his point of view, this is a size question, it’s a great looking little building and all the design changes are great, but that is irrelevant to the question before them. He noted the Council recently changed the ordinances to go to the four percent approach and that provides for 829 square feet of accessory building for this lot. He stated the change allowed for more space to be used, under the old ordinance only 750 square feet of accessory building would have been allowed. This request for this building is over 100 square feet of the allowed size and he is hung up on it being over-sized. Councilmember Rigney said her concern is for the drainage in regard to the oversized structure. Councilmember Wheat stated she understands the concern regarding the accessory building size, however, the total lot coverage is still well below the maximum lot coverage percentage, and she feels they are planning a high quality structure and giving them the little extra space is a nice trade off. Councilmember Nakamura expressed concerns regarding consistency in meeting ordinance requirements. Councilmember Dodson and Councilmember Kelley expressed their concern for being over the size limitation and consistency. Mayor Newton called on applicants, Bruce and Stacey Taylor, to come forward. Mr. and Mrs. Taylor discussed their request and the limitations of the land use and the inability to connect to the house. Mr. Taylor also explained the process he went through to design an aesthetically pleasing building, earn neighbor and City support, and to exceed the requirements of an SUP. Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. Councilmember Dodson made a motion to deny Ordinance O-20-2146 and Councilmember Kelley seconded the motion. The motion for denial passed with the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Dodson, Kelley, and Rigney. Nay: 1 – Councilmember Wheat Mayor Newton stated items 7a and 7b, Ordinances O-20-2127 and Ordinance O- 20-2128 will remained tabled. City Council Minutes November 17, 2020 City of Colleyville Page 12 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 7a 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 7b 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 recessed the meeting at 10:10 p.m. and reconvened at 10:20 p.m. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-20-4552 Request for a variance to Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically to street side and rear yard setback requirements, on Lot 1, Block A, Hampton Addition, located at 2301 Glade Road, Case VC20-003 Mayor Newton read Resolution R-20-4552 in its entirety. Community Development Director Ben Bryner presented this item stating the request is a major variance to decrease the street side yard setback to a 25-foot setback and the rear yard setback to 15 feet on a currently developed lot with a single family home and a detached garage. Director Bryner stated the applicant wishes to demolish the current home and garage and construct a new home. He also noted the property is platted and the plat received a waiver request by the Planning and Zoning Commission for a 91-foot lot depth and 13,030 of lot area, which is less than the required 20,000 square feet of lot area required per the R- 20 Single Family Residential zoning district. Councilmember Dodson noted there is a challenge due to the lot size. There was discussion regarding the waivers given to the plat in 2007. Mayor Newton stated he feels there has to be mitigating circumstances to approve a variance, and in this case, he does not see anything obvious which would not allow a home to be designed to fit within the building lines. Jerrod Goff, applicant representative, 6217 Price Drive, NRH, came forward to answer questions of the City Council. Mr. Goff stated the lot is smaller than the R- 20 and the home on the lot is currently over the rear and side build lines. Mr. Goff City Council Minutes November 17, 2020 City of Colleyville Page 13 stated the applicants considered remodeling the home, but would prefer to build a new home and stay in Colleyville. Mr. Goff stated the variance request is more about the usability of the land, yard, and being able to have a pool for example. He went on to explain the proposed house layout and location on the lot. Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. Mayor Newton stated he believes this is a choice and the variance is not necessary. Councilmember Kelley agreed. Councilmember Rigney asked if the lot could be rezoned. Mayor Newton stated the lot does not meet any other zoning. Mayor Pro Tem Lindamood asked Director Bryner where the drainage easement is located. Director Bryner stated the easement is a utility easement, however, building within the utility easement is not allowed either. Councilmember Kelley made a motion to deny Resolution R-20-4552 and Councilmember Dodson seconded the motion. The motion for denial passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8b Resolution R-20-4553 Appointing members to the Audit Committee Mayor Newton read Resolution R-20-4553 in its entirety appointing Mayor Pro Tem Lindamood, and Councilmembers George Dodson and Chuck Kelley to the Audit Committee for a two year term to June 2022. Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. Mayor Pro Tem Lindamood made a motion to approve as read, seconded by Councilmember Dodson. The motion for approval passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8c Resolution R-20-4554 Appointing members to the Colleyville Center Advisory Committee City Council Minutes November 17, 2020 City of Colleyville Page 14 Mayor Newton read Resolution R-20-4554 in its entirety appointing Judith Goodwin, Fred Mills, Jerome Davis, and Alex Thomas to the Colleyville Center Advisory Committee for a two year term to March 2022. Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. Councilmember Kelley made a motion to approve as read, seconded by Councilmember Nakamura. The motion for approval passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8d Resolution R-20-4555 Appointing members to the Colleyville Economic Development Corporation Mayor Newton read Resolution R-20-4555 in its entirety appointing Mayor Newton, Mayor Pro Tem Lindamood, Councilmember George Dodson, Councilmember Kathy Wheat, Ralph Hunkins, John Terhoeve, and Scotty Richardson to the Colleyville Economic Development Corporation Board for a two year term to June 2022. Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. Councilmember Nakamura made a motion to approve as read, seconded by Councilmember Rigney. The motion for approval passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8e Resolution R-20-4556 Appointing members to the Library Board Mayor Newton read Resolution R-20-4556 in its entirety appointing Gary McPherson, Place 2; Molly Skinner, Place 4; Joan Roberts, Place 6; Joy Fulton Lee; Place 7; to a term to November 2022 and Tina Bond, Alternate 1; and Wanda Cotter, Alternate 2 to a term to November 2021. Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. City Council Minutes November 17, 2020 City of Colleyville Page 15 Councilmember Rigney made a motion to approve as read, seconded by Councilmember Nakamura. The motion for approval passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8f Resolution R-20-4557 Appointing members to the Metroport Teen Court Advisory Board Mayor Newton read Resolution R-20-4557 in its entirety appointing Syeda Syed and Cassandra Fogle to the Metroport Teen Court Advisory Board for a two year term to November 2022, and appointing Councilmember Tammy Nakamura as Council Liaison to a term to November 2022. Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. Councilmember Dodson made a motion to approve as read, 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. 8g Resolution R-20-4558 Appointing members to the Parks and Recreation Advisory Board Mayor Newton read Resolution R-20-4558 in its entirety appointing Cliff LeBlanc, Place 2; Dustan Goodell, Place 4; James Linn, Place 6; and Dan Witte, Place 8; to the Parks and Recreation Advisory Board for a two year term to March 2022, and directing the appointment of Rich Hendler, Chair, Cliff LeBlanc, Vice Chair. Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. Councilmember Nakamura made a motion to approve as read, seconded by Councilmember Rigney. The motion for approval passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. City Council Minutes November 17, 2020 City of Colleyville Page 16 8h Resolution R-20-4559 Appointing members to the Planning and Zoning Commission Mayor Newton read Resolution R-20-4559 in its entirety appointing David Groves, Place 1; Lawrence Williamson, Place 2; Sayeda Syed, Place 3; and Kimberly Holt Gunderson, Place 4; to the Planning and Zoning Commission for a two year term to November 2022. Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. Councilmember Dodson made a motion to approve as read, 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. 8i Resolution R-20-4560 Appointing members to the Zoning Board of Adjustment Mayor Newton read Resolution R-20-4560 in its entirety appointing Richard Vallario, Place 1; Dee Kamerman, Place 2; and Dan Shadle, Place 3; to the Zoning Board of Adjustment for a two year term to November 2022, and directing the appointment of Frank Carroll, Chair. Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. Councilmember Dodson made a motion to approve as read, 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. 8j Resolution R-20-4561 Appointing the Mayor and two Colleyville City Councilmembers to the Municipal Judge Review and Selection Committee Mayor Newton read Resolution R-20-4561 in its entirety appointing Councilmember Kathy Wheat and Councilmember Callie Rigney to the Municipal Judge Review and Selection Committee for a two year term to June 2022. City Council Minutes November 17, 2020 City of Colleyville Page 17 Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. Councilmember Dodson made a motion to approve as read, seconded by Councilmember Rigney. The motion for approval passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8k Resolution R-20-4562 Appointing members to the Tax Increment Financing (TIF) District Board Mayor Newton read Resolution R-20-4562 in its entirety appointing Councilmembers Chuck Kelley, Callie Rigney, Kathy Wheat, George Dodson, and Mayor Richard Newton to the Tax Increment Financing District Board for a two year term to June 2022. Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. Councilmember Rigney made a motion to approve as read, 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. At 11:57 p.m. Mayor Newton took a unanimous vote to extend the Council meeting beyond midnight. 8l Resolution R-20-4563 Amending Resolution R-20-4539 by approving the City Hall/Library Polling Place Electioneering Regulations and map exhibits Mayor Newton read Resolution R-20-4563 in its entirety. There was lengthy discussion between the City Council, City Manager, and City Attorney regarding the definition of electioneering and the locations where electioneering may occur, and state law regarding electioneering outside the 100 foot markers. City Council Minutes November 17, 2020 City of Colleyville Page 18 Mayor Newton opened the public hearing. There was no one present wishing to speak and Mayor Newton closed the public hearing. Mayor Newton made a motion to approve Resolution R-20-4563, with an amendment to the electioneering maps to place parenthetically, no stationary signs or fixtures, under the Plaza area marked no electioneering, seconded by Councilmember Rigney. The motion for approval passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 9. CITIZEN COMMENTS There was no one present wishing to speak. 10. REPORTS Planning and Zoning Commission Worksession Minutes - August 24, 2020 Planning and Zoning Commission Minutes - October 12, 2020 Planning and Zoning Commission Worksession Minutes - October 26, 2020 There was no action on this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, NOVEMBER 17, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-4564 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 12:10 a.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 15TH DAY OF DECEMBER 2020. Minutes taken and prepared by: Christine Loven, TRMC City Secretary