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HomeMy WebLinkAboutCity Council-Minutes-12/15/2020 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, December 15, 2020 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, December 15, 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, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Selecting a date for a Joint City Council and Planning and Zoning Commission Meeting Mayor Newton stated this joint meeting will provide an opportunity to start discussion regarding the roles of the Commission and the Council and share philosophy. The Council chose the date of February 22, 2021, prior to the Commission’s worksession. WS-2 Discussion of the permitting software RFP process Assistant City Manager Mark Wood explained the City’s current permitting software, E-Trakit, is outdated and maintenance is no longer supported. The City is therefore in the process of seeking requests for proposals and evaluating new software. Manager Wood noted Councilmember Dodson requested to be a part of the process and asked Council if anyone else wished to participate. There was discussion regarding the purpose, the pros and cons of custom software versus off the shelf software which requires staff to adapt, and the use of the software throughout the City. Councilmembers Nakamura and Rigney will also participate in the process. WS-3 Discussion of parking regulations for recreational vehicles & commercial vehicles Community Development Director Ben Bryner presented this item, provided a recap of previous discussion and approvals, and discussed remaining items by section. City Council Minutes December 15, 2020 City of Colleyville Page 2 There was discussion regarding lot size, time frames, and the need for the regulations. WS-4 Discussion of the December 15, 2020, City Council regular agenda items Mayor Newton stated 7a and 7b would remain tabled. He then also noted Mayor for a Day Claire Stacy would preside at the beginning of the regular meeting, following her oath of office. There was no further business to discuss and Mayor Newton adjourned the Worksession at 6:23 p.m. and immediately called the Executive Session to order. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including acquisition of real property along Main Street, and 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 and Mayor Newton adjourned the Executive Session at 7:04 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:36 and called the roll. 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 Josh Anderson, Colleyville Presbyterian Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Minutes December 15, 2020 City of Colleyville Page 3 2. OATH OF OFFICE - MAYOR FOR A DAY CLAIRE STACY 2a City Secretary Christine Loven will administer the Oath of Office to Mayor for a Day Claire Stacy Mayor for a Day Claire Stacy took the Oath of Office and took her place at the dais with Mayor Newton and the City Council. 3. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4568 Mayor for a Day Stacy read Resolution R-20-4568 in its entirety. Assistant City Manager Adrienne Lothery presented this item, noting Section 1 notes GCISD is allowing the City to purchase .677 acres of land from them for the Creekside Gateway tower which is part of the beautification on SH26. Manager Lothery stated Sections 2 and 3 are for economic development grants for IFC Roofing and Blu Crab respectively and explained each proposal. Councilmember Nakamura noted the Blu Crab has been in business over ten years and she is excited they want to bring the restaurant to Colleyville. Councilmember Wheat concurred. Mayor Newton stated the grant programs are funded through the TIF and designed to help business and promote economic development with the City. To date, the City has awarded 16 BEST grants, 13 sign grants, and 1 SAFER grant for a total City investment of nearly $694,000. Mayor Newton stated the total local investment by businesses who received the grants is approximately $9.7 million which goes into the tax base which equates to over $215,629 in annual ad valorem tax collection. Mayor Newton noted the TIF has a life span and will expire in 2030, so without any cost increases, for a City investment of $694,000, over the next ten years, over $2.9 million will be sent into the taxing entities. Mayor for a Day Stacy opened the public hearing at 8:05 p.m. There was no one present wishing to speak and Mayor for a Day Stacy closed the public hearing at 8:05 p.m. Councilmember Rigney made a motion to approve Resolution R-20-4568, seconded by Councilmember Nakamura. The motion to approve passed by the following vote: City Council Minutes December 15, 2020 City of Colleyville Page 4 Ayes: 8 – Mayor for a Day Stacy, Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton, Mayor for a Day Stacy and the City Council made the following announcements: COVID Update: Colleyville currently has 258 active positive cases. Tarrant County hospital capacity is 23%, and ventilator capacity is at 55%. COVID patients are utilizing 20% of Tarrant County hospital beds. Our Trauma Service Area E continues to see COVID hospitalization percentages over 15%, which is the key indicator to getting businesses back to 75% occupancy. The percentage must be lower than 15% for 7 consecutive days to increase occupancy. Please remember to follow simple steps to keep you and others, especially the most vulnerable, safe – wear a mask when in public, wash your hands, and socially distance. I am thankful that the FDA approved the first of the COVID vaccines last week and hospital workers are beginning to be vaccinated. I’m hopeful for widespread distribution by next spring, and we can get back to gatherings and our normal way of life. Let’s keep fighting this together. Fire Department Honor Guard Photo: A photo of the Colleyville Fire Department Honor Guard was just featured in the Dallas Morning News 2020 photos of the year magazine. The photo can also be found on the newspaper’s website. The photo is from the annual Memorial Day event at Bluebonnet Hills Funeral Home. What a great photo of our team participating in this beautiful Colleyville tradition. They do a great job for the community and we thank them for their service. Colleyville Cares Cards Making a Difference: The City of Colleyville has joined forces with our ministerial alliance this holiday season to assist families in need. Each of our city’s 21 houses of worship were provided 30 - $50 gift cards to be given to families in need this holiday season. The $50 gift cards are good at any of our Colleyville businesses during the month of December. This program is in addition to the $35 gift cards that were mailed to every Colleyville household. We are blessed to live in such an amazing city. Mayoral Red Kettle Challenge Update: This past Saturday Mayor Newton, members of the City Council, and other community volunteers rang the bell for the Salvation Army's annual Red Kettle campaign. The effort is part of the Salvation Army's 2020 Mayor Red Kettle Challenge to see which city can raise the most money. Last City Council Minutes December 15, 2020 City of Colleyville Page 5 year, area mayors raised over $134,000 for the Salvation Army. Mayor Newton was named Rookie-of-the-Year, raising $6,366 thanks to the generous donations from our community! A successful Red Kettle season greatly increases the Salvation Army's ability to meet the needs of food, clothing, and shelter in our community throughout the year. Money raised from the challenge goes to children, families, and individuals who are in need. Thank you to all who donated time and money to this worthwhile event. The generosity of our residents fills my heart with pride. 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. 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. As of today, 38 businesses have applied for #ColleyvilleGives advertising grant receiving $62,000 in grant funding. Most notable is the $12,212 donated to non- profits. The program continues until the end of the month. 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’s Tree Lighting & Christmas Celebration Huge Success: On Friday, December 4th, Colleyville held our annual Tree Lighting Celebration! This year’s event was altered slightly in response to the pandemic and live streamed for all to enjoy. Santa was joined by drumming toy soldiers, The Grinch, a Victorian Quartet, Frosty the Snowman, Sugar Plum Fairies, live reindeer and even a Christmas Monkey! If you missed the event, don’t worry the lights, decoration and drive-thru tunnel remain until the end of the month. Feel free to drive by and enjoy. Thank you Ronnie Orr and all who volunteered to work this wonderful event. Special Collection for Leaves & Trees: Special leaf and tree recycling collection continues with two additional collection dates scheduled for Saturday, December 19 and January 2. On those days Community Waste Disposal (CWD), Colleyville's trash and recycling service provider, will run special collection routes to recycle leaves (in paper lawn bags). CWD will also collect and recycle Christmas trees on the special collection day in January. Collections begin at 10 a.m. to allow City Council Minutes December 15, 2020 City of Colleyville Page 6 additional time for residents to rake and bag leaves and place the bags at the curb. To participate, residents just need to set out leaves in paper lawn bags on the designated collection days. CWD will still collect leaves in plastic bags set out on regular garbage collection days but these will go to the landfill. If residents set out brown paper lawn bags for leaf recycling a few days early, CWD will leave them for the Saturday collections. If you have any questions or would like more information, call 817.503.1110. Glade Road Update: As Glade Road Phase II construction continues, the westbound lane of Glade Road, from Riverwalk Drive to Oak Timbers, will be closed beginning this week. Additionally, both northbound and southbound lanes on Bedford Road will be closed from Glade Road to Jo Carol Lane. This closure will allow for the realignment of Bedford Road and Oak Timbers Court (to the north) with a new intersection at Glade Road (currently offset alignment). This temporary closure and new traffic pattern is estimated to be in place for six months. Detour signs will be in place to alert drivers. Acceptance of the Texas Chapter of the American Planning Association Planning Achievement Award in Urban Design for the Plaza at City Hall - Mayor Richard Newton and City Council The Colleyville City Plaza was awarded a 2020 Urban Design Achievement Award – Silver by the Texas Chapter of the American Planning Association. Tonight we formally present the award to the City Council and congratulate our community on an exceptional project that now serves as a wonderful public gathering place for community events. Mayor Newton stated this is more than award for urban design; it is an acknowledgment of this Council’s effort in bringing to fruition a plan initiated more than 20 years ago. In 1999, the TIF district was established and with it, a plaza project was identified as an original project. Our Council is to be applauded for bringing this project to life in an exceptional way now recognized by this national organization. Presentation to Mayor for a Day Claire Stacy - Mayor Richard Newton Mayor Newton presented Mayor for a Day Claire Stacy with a proclamation and a key to the City and thanked her for her service. Proclamation Declaring Thank a Teacher Day at Colleyville Middle School - Mayor for a Day Claire Stacy and Colleyville Middle School Principal David Arencibia Mayor for a Day Claire Stacy presented Colleyville Middle School Principal David Arencibia with a proclamation declaring Thank a Teacher Day at Colleyville Middle School. Principal Arencibia thanked Mayor for a Day Stacy and congratulated her City Council Minutes December 15, 2020 City of Colleyville Page 7 on this achievement. He noted there will be a celebration recognizing her and the teachers. 5. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4569 5a Approval of the minutes of the regular City Council meeting of November 17, 2020 5b Approval of the minutes of the regular City Council meeting of December 1, 2020 5c Approval of the recognition of Martin Luther King, Jr. Day as a holiday for the City of Colleyville 5d Approval of the First Amendment to the Construction Services Agreement with HQS Construction, LLC, for the John McCain Hike & Bike Trail Improvement project, providing for an additional $187,050 to the current project budget, in an amount not to exceed $935,249.50, and authorizing the City Manager to execute the amendment Mayor for a Day Claire Stacy read Resolution R-20-4569 in its entirety. There was no discussion of items 5a, 5b, and 5c. Public Works Director Ray Silva-Reyes presented item 5d, noting the contract includes the construction of an 8-10 foot wide concrete hike and bike trail in the south parkway of John McCain Road spanning approximately 3,300 linear feet across three separate segments from Stillwater Court to east of Waldon Court. Councilmember Dodson stated the section of trail from Holly Lane to Pebble Hill does not include Oak Alley and he felt the description of the project was misleading and questioned the cost for the project. Director Silva-Reyes stated Councilmember Dodson is correct the project does not include Oak Alley, the Oak Alley developer is responsible for that section of trail. He stated he does not believe the full request of $187,050 will be spent for the trail sections, but state law allows up to a 25% change order and he is hoping to leverage the funds. He also noted this trail section is eight foot wide, not five foot like sidewalks. Director Silva-Reyes stated for clarity purposes, these sections of trail, are in accordance with the approved annual sidewalk connectivity project along John McCain Road. Councilmember Dodson requested the slide be included in the minutes for clarity. Mayor for a Day Stacy opened the public hearing at 8:45 p.m. City Council Minutes December 15, 2020 City of Colleyville Page 8 Kathy Hadley, 204 Timberline Drive North, thanked Director Silva-Reyes for working so diligently to save the trees. There were no others wishing to speak and Mayor for a Day Stacy closed the public hearing at 8:46 p.m. Councilmember Kelley made a motion to approve Resolution R-20-4569, seconded by Mayor Pro Tem Lindamood. The motion to approve passed by the following vote: Ayes: 8 – Mayor for a Day Stacy, Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. At this time Mayor Newton thanked Mayor for a Day Claire Stacy for her service and excused her from the rest of the meeting. Mayor Newton declared at recess at 8:48 p.m. and reconvened at 8:56 p.m. 6. ITEMS NOT FOR CITY COUNCIL ACTION 6a Monthly Financial Report - November, 2020 Finance Director Kyle Lester presented the financial report, and began summarizing the year-end financial position for FY20. All four operating funds emerged with budgetary surpluses last year, with the General Fund’s being the strongest. As per City policy, the surpluses from the General Fund, Utility Fund, and Drainage Fund will be transferred to their respective capital funds in order to cash fund capital projects. The General Fund has transferred $3.5 million, the utility fund has transferred $1.26 million, and the drainage fund has transferred $342,000. The debt service fund also came in with a surplus from its property tax collections and that cash will remain in the fund’s balance. Director Lester stated the General Fund was originally budgeted with a surplus of just over $400,000, but ended with a surplus of $3.5 million, including the CARES Act funding in the amount of $1.4 million. The Utilities Fund was budgeted with no surplus, as that fund is designed to be a break-even fund at the end of the year. Director Lester noted the budgetary comparison is a little strange because staff anticipated higher costs coming from the Trinity River Authority, however, charges were lower than expected, resulting in lower volumetric charges to our customers, as well as lower fees paid to TRA. Director Lester went on to provide highlights of each fund for FY21. Through November, the second month of FY21, the General Fund has collected 10% of its budgeted revenue and spent 12% of its budgeted expenditures. Director Lester City Council Minutes December 15, 2020 City of Colleyville Page 9 stated being early on in the fiscal year, staff had expected a larger deficit than the fund is posting, however, it appears a substantial portion of property taxes have come in earlier than usual, softening the anticipated deficit. The remaining $13.5 million in property taxes will be received through the second quarter (Jan.-Mar.), and Colleyville should run a decreasing surplus through the remainder of the year. This is simply the monthly cash flow forecast. Reviewing sales tax revenue, Director Lester said Colleyville received its first collection of the fiscal year from October's sales, and it brought in a modest, 2.1% increase over October of last year and noted the increase is substantially lower than seen in the last several months. However, due to conservative budgeting, the City is 7.5% ahead of projections. He stated Colleyville isn't the only city that experienced this slowing of sales tax growth. DFW-area cities collectively saw a decline of 0.29% while all Texas cities in the aggregate declined by 1.62%. Director Lester reviewed all funds, noting the conservative budgeting has seen the City through the year. Mayor Newton asked Director Lester to explain why City revenues are $769,000 higher than expected. Director Lester explained there were three areas which exceeded projections: sales tax, franchise fees, and building permits. Mayor Newton explained the City maintains an excess cash fund balance that is enough cash to run the City for 150 days without revenue. Mayor Newton and the City Council thanked staff for conservatively budgeting and spending. 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-20-2147 Consideration of a Special Use Permit for Alcoholic Beverage Sales for On-Premise Consumption on Lot 1, Block 3, Tara Village, located at 1101 Cheek-Sparger Road, Suite 110, Case ZC20-025 Mayor Newton read the caption of Ordinance O-20-2147. Community Development Director Ben Bryner stated there are no changes from the first reading and presented this item which is a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on-premise consumption at Across the Pond which is open in Tara Village. Director Bryner reviewed the hours of operation, noting in restaurant dining will be three days only: Friday - 11:00 a.m. – 10:00 p.m.; Saturday - 7:00 a.m. – 10:00 p.m.; and Sunday - 8:00 a.m. – 9:00 p.m. The restraint will be closed on Monday, and open for deliveries Tuesday through Sunday. City Council Minutes December 15, 2020 City of Colleyville Page 10 There were no questions. Mayor Newton opened the public hearing at 9:19 p.m. There was no one wishing to speak and Mayor Newton closed the public hearing at 9:19 p.m. Councilmember Wheat made a motion to approve Ordinance O-20-2147, seconded by Councilmember Nakamura. The motion for approval passed by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood; Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7b Ordinance O-20-2148 Consideration of a Special Use Permit for a dog grooming business on Lot 1R1, Block 1, Town Center Colleyville, located at 5615 Colleyville Boulevard, Suite 110, Case ZC20-026 Mayor Newton read the caption of Ordinance O-20-2148. Community Development Director Ben Bryner stated there are no changes from the first reading and presented the item for a Special Use Permit (SUP) to allow for a dog grooming business in Town Center. Director Bryner stated the property is zoned CC-2 Shopping Center district and a dog grooming business is only allowed in commercial districts with the approval of an SUP. He noted the business, “Pet Bar” is a franchise business offering professional boutique grooming services with drop-off and pick-up services. Director Bryner reviewed the floor plan and stated all pets will remain within the store for their entire maximum 90 minute appointment. There will be no veterinary services performed, no outdoor kennels, no boarding services, no pet daycare services, and no pet walking. Mayor Newton asked Director Bryner if there would be overnight stays and how the applicant is addressing sound. Director Bryner stated there will be no overnight stays of pets and stated the applicant was present and could address the questions regarding sound. The applicant, Steve Harvey, 6805 Strauss Drive, stated the sound proofing will be 18 feet, which will be from the floor, beyond the ceiling, to the roof, which will also work to contain the pet hair within the suite, and sound traps will be installed in strategic locations as well. Mr. Harvey also explained there is an aisle way between the suites and no suite behind his, therefore, noise will not be an issue to any neighbors. He also noted Pet Bar is a local Dallas franchise and if approved, he will be the first franchisee and the Colleyville location will be the first franchised store in the United States. City Council Minutes December 15, 2020 City of Colleyville Page 11 Mayor Newton opened the public hearing at 9:28 p.m. There was no one wishing to speak and Mayor Newton closed the public hearing at 9:28 p.m. Councilmember Nakamura made a motion to approve Ordinance O-20- 2148, seconded by Councilmember Dodson. The motion for approval passed by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood; Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7c Ordinance O-20-2149 Consideration of a zoning change from R-20 Single Family Residential district to the RE Single Family 'Estate' Residential district on Lot 1R, Block 1, Muzyka Addition, located at 4807 Patterson Lane, Case ZC20- 028 Mayor Newton read the caption of Ordinance O-20-2149. Community Development Director Ben Bryner stated there have been no changes to the request since the first reading and presented this item which is a request for a zoning change from the R-20 Single-Family residential district to the RE Single- Family 'Estate' Residential district. He explained the lot width of the property falls below the minimum 200 feet with 137 feet and a waiver will be incorporated into the rezoning of the property which is considered a flag lot. Mayor Newton stated the RE is an appropriate use. Mayor Newton opened the public hearing at 9:34 p.m. There was no one wishing to speak and Mayor Newton closed the public hearing at 9:34 p.m. Councilmember Dodson made a motion to approve Ordinance O-20-2149, seconded by Councilmember Kelley. The motion for approval passed by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood; Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7d Ordinance O-20-2150 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a zoning change from AG Agricultural district to the R-30 Single Family Residential district for Tract 2D & 2D3, Abstract 233, D. R. Blanton Survey, located at 5209 Bluebonnet Drive, Case ZC20-027 City Council Minutes December 15, 2020 City of Colleyville Page 12 Mayor Newton read the caption of Ordinance O-20-2150. Community Development Director Ben Bryner stated a super majority vote is required on this item and advised an updated drainage exhibit has been provided. He went on to present this item which is a request for a zoning change from AG Agricultural district to the R-30 Single Family Residential. Director Bryner noted the Planning and Zoning Commission made a 4-2 recommendation of denial. Mayor Newton asked the applicants to come forward to make a presentation and answer questions of the City Council. The first speaker was Rob Daake, 14755 Preston Road, Suite 600, Dallas, Land Use Attorney and Civil Engineer, representing the applicant, B. J. Boarra, discussed the drainage being a regional issue and stated the developer is not callus to the neighbor’s concerns, but hopes City Council will be reasonable in the expectations of what a developer of four acres can solve. The second speaker was Tony Krauska, 5225 Village Creek Drive, Suite 200, Plano, who explained the drainage plan which takes the flow rate to 0 while accepting the drainage to the north. Mr. Krauska stated this solves everyone’s concerns except for Mrs. Rogers’s property and stated everyone acknowledges this but they are willing to work with the City Engineer to redirect the flow from north to west which will help some. Mayor Newton asked Mr. Krauska how he expects to get to a 0 flow rate. Mr. Krauska responded a two to three foot retaining wall will be built. Mayor Newton, in reference to this development and the surrounding properties, stated he does not believe the property will stay agricultural forever and while drainage is important, he is more concerned about development of the property it surrounds. While it is unfortunate the property is long and narrow, he does not like a street against a property line and this Council is strategic in their vision for future development. Mayor Newton stated his logic for his one vote on the zoning by saying he cannot get past the street location and does not see this for R-30 zoning, because of the vision for the community to have larger lots, with a rural feel, and low density. He stated he appreciates all the efforts focused on drainage, but will not vote for the R-30. Mayor Newton opened the public hearing at 10:02 p.m. Mo Siddique, 1502 Royal Lane, spoke in favor of this item noting development of the property is a win/win in appearance and tax revenue for the City. He also stated the Kingswood HOA is in favor of this item. Kathleen Hennessey, 5013 Stonebridge Drive, spoke in opposition to this item with concerns for drainage. City Council Minutes December 15, 2020 City of Colleyville Page 13 Nancy Rogers, 1612 Cherry Lane, spoke in opposition due to the swales and drainage which creates a creek across her property. She also asked one house be removed. B. J. Boarra, the owner/applicant, spoke in favor of the development, gave a history of his property purchase and attempts to develop the property, his desire to work with the City and neighbors, and his commitment to build beautiful, quality homes to match the character of homes on Cherry Lane. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this item and requested the developer build an estate home instead of a development. Dean Phillips, 1604 Cherry Lane, spoke in opposition with concerns for drainage and a request that if approved, the developer be required to install automated drainage systems. There were no others wishing to speak and Mayor Newton closed the public hearing at 10:35 p.m. There was continued discussion regarding zoning, surrounding property, and drainage. Councilmembers Nakamura and Wheat stated they would like to see the number of homes reduced to three. Councilmembers Dodson and Rigney stated they would like to see the zoning move to R-40. Mayor Pro Tem Lindamood stated he would like to see the street move to the south to create a landscape buffer between the street and property line. There was discussion with the City Attorney regarding the rules of if a motion is to deny, deny with prejudice, or deny without prejudice. Mayor Pro Tem Lindamood made a motion to deny Ordinance O-20-2150 seconded by Councilmember Rigney. The motion to deny passed by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood; Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Mayor Newton declared a recess at 11:02 p.m. and reconvened at 11:09 p.m. Upon reconvening, Mayor Newton stated they will move to item 10a, Resolution R- 20-4570 and will return to item 8a, Ordinance O-20-2151 following 10a. Mayor Newton took a unanimous vote to continue beyond midnight at 11:55 p.m. and returned to item 8a at 11:57 p.m. City Council Minutes December 15, 2020 City of Colleyville Page 14 8. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 8a Ordinance O-20-2151 An Ordinance amending Chapter 42 “Environment” of the City of Colleyville Code of Ordinances, by adding Article III “Stormwater Management" and Article IV "Post Construction Stormwater Management" Mayor Newton read the caption of Ordinance O-20-2151. Public Works Director Ray Silva-Reyes presented this item, stating this ordinance enhances the City’s Stormwater Management Program (SWMP), and as the regulations are lengthy, he explained the highlights and answered questions of the Council. Mayor Newton stated he is not for additional layers of government, but bottom line, compliance with the state is required and this legislation will assist the City. Director Silva-Reyes concurred. Mayor Newton opened the public hearing at 12:13 a.m. There was no one present wishing to speak and Mayor Newton closed the public hearing. This was a first reading, therefore, Council did not take action. Item 9a and 9b remained tabled. 9. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 9a 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 9b 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 moved to Resolution R-20-4570 at 11:12 p.m. City Council Minutes December 15, 2020 City of Colleyville Page 15 10. RESOLUTION(S): READING AND PUBLIC HEARING 10a Resolution R-20-4570 Consideration of a waiver request to allow for the use of a non- conforming building with a non-conforming use on Lots B1A & B2A, Reagan Estates West, City Boundary Split, located at 7720 & 7724 Precinct Line Road, Case GC20-006 Mayor Newton read Resolution R-20-4570 in its entirety. Community Development Director Ben Bryner presented this request for a waiver for use of a non-conforming building with a non-conforming use. Director Bryner stated the property straddles the city limit line between Colleyville and Hurst. It is currently zoned R-40 Single-Family Residential Development district in Colleyville and is a combination of in the Regan Estates West Addition, located on the east side of Precinct Line Road and south of the intersection of L.D. Lockett Road and Precinct Line Road and is currently developed with two non-conforming commercial buildings. The applicant seeks a waiver to allow for office showroom type uses in the existing front building. Director Bryner noted Colleyville staff and representatives from the City of Hurst met with the applicant in the fourth quarter of 2019. At that time, it was recommended the development go through a rezoning to a PUD-C Planned Unit Development – Commercial district. This would be followed by a site plan approval process to bring the zoning and site into compliance with the Land Development Code. Director Bryner stated the applicant was issued a building permit for façade work on the building fronting Precinct Line Road from the City of Hurst in September of 2020 and the work is currently being performed. As part of the project, the applicant submitted plans to connect to the City of Colleyville’s water and wastewater systems to accommodate the existing and future buildings. This reinitiated conversations with the applicant and the need for the zoning approval. The requested waiver would allow for use of the front building while the change of zoning is going through the review and possible approval by the City Council. There was discussion regarding the setback, the water and sewer connection to Colleyville service, and the year which has passed since meeting with staff. Mayor Newton asked the applicant to come forward to answer questions. Roman Figueroa, 959 Rocksberry Way, Keller, the applicant, spoke in response to Council’s questions stating he was not trying to circumvent either cities regulations, this is his first development and he met with both cities and made a mistake – he didn’t understand the requirements for the front building. Mr. Figueroa also noted the pandemic slowed his progress in being able to meet. Mayor Newton asked Mr. Figueroa what he is trying to accomplish with the request. Mr. Figueroa said he is trying to shorten the time for receiving approval City Council Minutes December 15, 2020 City of Colleyville Page 16 so he can finish out the front, connect to utilities and lease the building to generate revenue. There was discussion regarding use of the property, why the sewer line has been disconnected, work which can and cannot be done with a permit from Hurst only, revenue agreements, and the potential for a PUD, and the project qualifying for a BEST grant. Mayor Newton opened the public hearing at 11:55 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:55 p.m. Councilmember Dodson made a motion to deny Resolution R-20-4570, seconded by Councilmember Kelley. The motion to deny passed by the following vote: Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood; Councilmembers Wheat, Dodson, Kelley, and Rigney. Nays: 1 – Councilmember Nakamura 11. CITIZEN COMMENTS There was no one present wishing to speak. 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 15, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-4571 This resolution was not needed. 13. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 12:14 a.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 5TH DAY OF JANUARY 2021. Minutes taken and prepared by: Christine Loven, TRMC City Secretary