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HomeMy WebLinkAboutCity Council-Minutes-01/05/2021 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, January 5, 2021 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Follow-up discussion of Northern Gateway conceptual plans WS-2 Discussion of the Tinker Road Improvements Project WS-3 C-POP program wrap up WS-4 Discussion of the 2021 City Council Meeting Calendar WS-5 Discussion of the January 5, 2021, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including acquisition of real property along Main Street, 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 REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS City Council Agenda January 5, 2021 City of Colleyville Page 2 INVOCATION: Dale Molden, First Colleyville 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-21-4572 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Recognition of the Business View Magazine news spread on the City of Colleyville 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4573 4a Approval of the minutes of the regular City Council meeting of December 15, 2020 4b Approval to reimburse the Fort Worth Transportation Authority for wrought iron fencing along the Cotton Belt Trail, in an amount not to exceed $90,864.30 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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" 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-21-2152 Consideration of a Special Use Permit for a Massage Therapy use on Lot 1R1, Block 1, Foster Addition, located at 5200 Colleyville Boulevard, Suite C, Case ZC20-030 City Council Agenda January 5, 2021 City of Colleyville Page 3 6b Ordinance O-21-2153 Request to appeal the decision by the Planning and Zoning Commission regarding the consideration of a Special Use Permit for an Accessory Building to encroach into the required street side yard setback on Lot 2, Block 3R, Woodbriar Estates West Addition, located at 111 W. Greenbriar Lane, Case ZC20-031 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-21-4574 Consideration of a request to abandon a previously dedicated right-of- way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-007 8b Resolution R-21-4575 Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-006 8c Resolution R-21-4576 A resolution changing the March, October, and November 2021 City Council meetings dates 9. CITIZEN COMMENTS City Council Agenda January 5, 2021 City of Colleyville Page 4 10. REPORTS Colleyville Library Board Minutes - October 12, 2020 Planning and Zoning Commission Minutes - October 26, 2020 Planning and Zoning Commission Minutes - November 9, 2020 Planning and Zoning Commission Minutes - November 23, 2020 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JANUARY 5, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4577 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Thursday, December 31, 2020 by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 5, 2021 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, January 5, 2021, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: Mayor Pro Tem Bobby Lindamood ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Community Relations Specialist Ronni Orr, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Follow-up discussion of Northern Gateway conceptual plans Assistant City Manager Adrienne Lothery introduced this item, provided a recap of the project and previous exercises and presentations and stated staff anticipates moving forward with the next steps of the project following this discussion. She then introduced Tipton Housewright, OMNIPLAN, and Dallas Cothrum, Masterplan, to review the four schemes and summary of the work to date. Mr. Housewright stated the four schemes are the collaboration of the City Council and explained each arrangement. Mr. Housewright noted the common theme in each design was Council’s direction to organize the food and retail along the creek, while keeping the green scape and park attributes to the back. Mayor Newton stated he believes the green scape and clustering of retail is an important attribute. There was general discussion of what amenities, retail, and dining choices each of the Councilmembers would like to see. As there was discussion in previous meetings regarding other similar type projects, Councilmember Nakamura asked staff to provide a list to City Council for their review. In discussing next steps, Mr. Cothrum stated it is important City Council establish their goal so he and Mr. Housewright can execute their vision. He suggested, and City Council agreed, a list of projects as requested by Councilmember Nakamura would be provided; Masterplan and OMNIPLAN will work with staff to develop a draft scope; followed by additional presentations, which provide detail refinement capturing Council’s vision in drawings for visuals and communication. City Council Minutes January 5, 2021 City of Colleyville Page 2 WS-2 Discussion of the Tinker Road Improvements Project Public Works Director Ray Silva-Reyes presented this item. He explained the project was originally approved in the 2020-2024 Capital Improvement Program (CIP), as the design of the Water Project 11: Tinker Road Water Line. However, based on the condition of the existing road and the concerns of drainage along Tinker Road, City Council approved to increase the design scope to incorporate water, wastewater storm sewer, and roadway reconstruction. Following a July 2020 Worksession discussion regarding the design of Tinker Road, staff mailed a citizen survey to determine the desires of citizens living along the corridor and revised the street alignment based on those results. Director Silva-Reyes explained the revised Tinker Road redesign provides for two lanes built as asphalt sections of varying widths of 25 feet and 40 feet (front-of- curb to front-of-curb) based on location. He noted the existing roadway section is only 20 to 23 feet and staff recommends widening the roadway slightly for safety considerations, but maintain 25 feet as opposed to the 35 feet of roadway to preserve the residential nature of the corridor. Director Silva-Reyes reviewed the suggested intersection improvements at Pleasant Run Road and Tinker Road, which have been proposed to include separate right and left turns from Tinker Road onto Pleasant Run Road and a left turn from Pleasant Run Road onto Tinker Road. He also noted a one-lane round- about could be considered. He also proposed consideration of connecting the sidewalk currently on Tinker Road to the intersection at Pleasant Run Road. Several citizens attended this worksession item and provided input regarding parking, drainage, sidewalks, and traffic flow on Tinker Road. At the direction of City Council, staff will conduct a traffic study and review the Pedestrian Transportation Committee recommendations for connectivity in this area, and provide an update to the City Council at a future meeting. Due to time restraints, WS-3 and WS-4 were not discussed. WS-3 C-POP program wrap up WS-4 Discussion of the 2021 City Council Meeting Calendar WS-5 Discussion of the January 5, 2021, City Council regular agenda items Mayor Newton adjourned the Worksession at 6:31 p.m. and opened Executive Session at 6:31 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. City Council Minutes January 5, 2021 City of Colleyville Page 3 ABSENT: Mayor Pro Tem Bobby Lindamood 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including 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 7:15 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:30 and called the roll. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: Mayor Pro Tem Bobby Lindamood INVOCATION: Dale Molden, First Colleyville PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt Mayor Newton welcomed everyone and wished all a Happy New Year. He noted items 7a and 7b will be removed from the table and considered 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-21-4572 This resolution was not needed. City Council Minutes January 5, 2021 City of Colleyville Page 4 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 currently has 377 active positive cases. Tarrant County hospital capacity is 20%, and ventilator capacity is at 60%. COVID patients are utilizing 30% of Tarrant County hospital beds. COVID-19 Vaccine for First Responders – Last week, vaccination for our first responders began. The County Health Department is also accepting registration for vaccination of those meeting age, preexisting conditions, or employment qualifications. If you are interested in this offering, please complete the application form accessible via Tarrant County web site www.tarrantcounty.com\covidshot. A link will also be provided on the City of Colleyville website under the Coronavirus Update link. Colleyville $35 Gift Card & $50 Cares Cards Update: Last month, the city mailed a $35 gift card to each residential property in Colleyville. This gift card was redeemable at Colleyville businesses. In addition to the gift card program, the City provided each of our city’s Houses of Worship with 20 - $50 Colleyville Cares Gift Cards. This $50 card was intended to provided assistance to those in need this holiday season. Both programs ended last week. At that time we had already redeemed 3,195 - $35 cards ($111,825) and 171 - $50 cards ($8,550). The program will end this week. When fully redeemed, we expect these programs to inject $250,000 - $300,000 into our local businesses. The purpose of this economic development program is to connect our community’s two greatest resources – our citizens and our businesses. Chick-fil-A: Chick-fil-A will open tomorrow. We welcome owner/operator Zach Price to Colleyville and thank him for bringing this exciting development to our community. Congratulations to this Council and the staff for bringing this exceptional business to our community. The ribbon cutting and opening celebration in conjunction with the Chamber of Commerce will be scheduled very soon. Colleyville Gives Program Update: The City of Colleyville offers multiple programs to assist our businesses. One popular program is the Colleyville Gives Grant Program. This program provides business with a grant of up to $2,000 for business advertising and promotion. As part of the program, additional grant funds are provided to businesses making a donation to charity. As of 12/30, 43 City Council Minutes January 5, 2021 City of Colleyville Page 5 businesses have applied for #ColleyvilleGives advertising grant and $75,000 in grant funding has been approved. Equally important is the $16,212 donated to charity as a result of this program. Colleyville Professional One-minute Promos (CPOP) Program Report – Earlier this evening, at our worksession, a presentation summarizing the CPOP program for Q4 was provided. The CPOP program provided business assistance with the production of a one minute promotional video and a $1,000 grant for marketing the video. The video production was undertaken by our city staff and provided to the business owner for use as they wished (social media, website, etc). In the fourth quarter of 2020, over $40,000 in grant funds were awarded to Colleyville businesses with 110 hours of staff production time. This is yet another program created to assist our businesses during these challenging times. Studio Movie Grill Closes/Redevelopment Options Discussed – Last week, staff was notified that our local Studio Movie Grill will not reopen. The movie theater industry, like many others, has been hit hard by pandemic shut down. Staff has already begun meeting with the building owners to discuss redevelopment options for this site. Candidate Filing Begins January 13: Candidate filing for City Council seats for the May 1 General Election are open from January 13 to February 12. The City of Colleyville will conduct a General Election on May 1 to elect City Councilmembers for Places 5 and 6. Beginning January 4, applications will be available at the City Secretary's Office on the third floor of Colleyville City Hall, 100 Main Street or online at Colleyville.com. City Councilmembers are elected to three-year terms. Candidates must be a resident of the City of Colleyville or within an incorporated area annexed by the City, according to the City Charter. Candidates must have been a resident for at least 12 months, be qualified voters of the State of Texas and the City of Colleyville, and cannot be financially delinquent to the City. Applications can be filed in person at the City Secretary's Office or via mail. Recognition of the Business View Magazine news spread on the City of Colleyville Mayor Newton and the City Council gathered in front of the dais to review the pictorial board of the Business View Magazine, which recognized the City’s successful economic development efforts. City Council Minutes January 5, 2021 City of Colleyville Page 6 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4573 4a Approval of the minutes of the regular City Council meeting of December 15, 2020 4b Approval to reimburse the Fort Worth Transportation Authority for wrought iron fencing along the Cotton Belt Trail, in an amount not to exceed $90,864.30 Mayor Newton read Resolution R-21-4573 in its entirety. Public Works Director Ray Silva-Reyes presented item 4b. Mayor Newton asked staff if the remaining portion of the chain link fence which is very visible on John McCain Road could be enhanced with the wrought iron. Director Silva-Reyes stated he believed it could and he will move forward with the enhancement. Mayor Newton opened the public hearing at 7:52 p.m. There was no one wishing to speak and the public hearing was closed at 7:52 p.m. Councilmember Kelley made a motion to approve Resolution R-21-4573, seconded by Councilmember Nakamura. The motion to approve passed by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 at the last meeting when this item was presented he stated he is not in support of more bureaucracy, however this is a state requirement. Director Silva-Reyes concurred and noted this is an every five year requirement to City Council Minutes January 5, 2021 City of Colleyville Page 7 enhance the SWMP and provides a mechanism which allows the City to issue fines for non-compliance. City Manager Jerry Ducay stated the City’s first concern will always be compliance. Mayor Newton opened the public hearing at 7:57 p.m. There was no one wishing to speak and the public hearing was closed at 7:57 p.m. Councilmember Kelley made a motion to approve Ordinance O-20-2151, seconded by Councilmember Nakamura. The motion to approve passed by the following vote: Ayes: 5 – Mayor Newton, Councilmembers Wheat, Dodson, Kelley, and Rigney. Nays: 1 - Councilmember Nakamura 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-21-2152 Consideration of a Special Use Permit for a Massage Therapy use on Lot 1R1, Block 1, Foster Addition, located at 5200 Colleyville Boulevard, Suite C, Case ZC20-030 Mayor Newton read the caption of Ordinance O-21-2152. Community Development Director Ben Bryner presented this request for a Special Use Permit (SUP) to allow for a Massage Therapy use at 5200 Colleyville Boulevard, Suite C., which is located in the CC-1 Village Retail district where Massage Therapy is allowed with the approval of an SUP. Mayor Newton asked Director Bryner if the business previously held an SUP. Director Bryner stated a massage therapy business currently occupies Suite C, and the reason for the SUP request is due to a change in the ownership and the new owner is seeking to be in compliance. Zhongying Zhu, the applicant, 5200 Kerrville, came forward to answer questions of the City Council. Mayor Newton asked Ms. Zhu who currently owns the business and Councilmember Dodson asked if there would be licensed massage therapists working at the business. Ms. Zhu stated she is the new owner, and due to COVID 19, she will be the only employee of the business at this time and she is licensed. Mayor Newton also asked if additional people eventually working at the business City Council Minutes January 5, 2021 City of Colleyville Page 8 would be employees and not independents. There was not a clear answer to this question. Mayor Newton opened the public hearing at 8:05 p.m. There was no one wishing to speak and the public hearing was closed at 8:05 p.m. This was a first reading, therefore, City Council did not take action. 6b Ordinance O-21-2153 Request to appeal the decision by the Planning and Zoning Commission regarding the consideration of a Special Use Permit for an Accessory Building to encroach into the required street side yard setback on Lot 2, Block 3R, Woodbriar Estates West Addition, located at 111 W. Greenbriar Lane, Case ZC20-031 Mayor Newton read the caption of Ordinance O-21-2153. Community Development Director Ben Bryner presented this item which is a for a for a Special Use Permit for an accessory building to encroach into the required 30 foot street side yard on a corner lot. Director Bryner explained property has an existing single family home and three small accessory buildings. The applicant wishes to remove the three buildings and construct a 352 s.f. storage building in their place. The new building is proposed to be located in the 30-foot street side yard for a corner lot. Director Bryner noted the Planning and Zoning Commission denied the request for a vote of 4-0. City Manager Jerry Ducay noted the SUP for the building does not address the fence, which is in the 30-foot street side yard setback and on the property line and if replaced, will require a variance. Director Bryner concurred noting the fence is legal, non-conforming at this time. The applicant, Jonathan Grubbs, 111 W. Greenbriar Lane, provided a plan to the City Council of his vision for landscaping, building, fencing and preparation of his residential lot, which is a corner lot to the subdivision. Mayor Newton applauded Mr. Grubbs for his efforts, but noted the building could be located in another part of the yard and not require an SUP. Mr. Grubbs stated he wanted his children to be able to play on a concrete pad adjacent on the buildings. Mayor Newton noted there is a hard surface patio within the fence that the children could play on. Mr. Grubs did not disagree. Mayor Newton and Councilmember Dodson advised Mr. Grubbs there will be potential setback issues if he ever replaces the fence. Mayor Newton opened the public hearing at 8:20 p.m. City Council Minutes January 5, 2021 City of Colleyville Page 9 Robert Grubbs, 3961 Washburn, spoke regarding his son’s property and their plans to enhance the corner lot look by upgrading the building and landscape. There were no others wishing to speak and the public hearing was closed at 8:26 p.m. This was a first reading, therefore, City Council did not take action. 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 Councilmember Wheat made a motion to remove Ordinance O-20-2127 from the table, seconded by Councilmember Rigney. The motion passed by a unanimous vote. Mayor Newton read the caption of Ordinance O-20-2127. Community Development Director Ben Bryner presented this item and provided a review of the new exhibits, changes to the dumpster, shad structures, building elevations, tower, and building materials. Councilmember Dodson asked Director Bryner if those present to speak tonight would be counted in a formal 20% request for denial. Director Bryner stated he did not think the 20% would be met. Mayor Newton recapped the changes made by the applicant which included moving the playground locations, changing the roof design and elevations, moving the dumpster location and others. Stephen Brown, Stephen Brown, Buttry & Brown Development, LLC, 5801 Tennyson Parkway, Suite 150, Plano, representing the applicant, provided a presentation covering all the changes, explaining the sound study, and answering questions of the City Council. Mr. Brown answered questions relative to fencing, the length of time the sound survey was conducted, parking, and the roofline. Mayor Newton opened the public hearing at 9:03 p.m. Susan Reynolds, 6417 Kingston, thanked Councilmember Dodson for his support and 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 City Council Minutes January 5, 2021 City of Colleyville Page 10 located near residential property, property values being reduced, and the City Council’s allowance of eight months for the applicant to work on bringing the project forward. Brad Gilbreath, 6409 Kingston, did not wish to speak, but recorded opposition. 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 9:20 p.m. There was discussion regarding the definition of a day care, commercial zoning, and office use. Councilmember Rigney made a motion to deny Ordinance O-20-2127, seconded by Councilmember Kelley. The motion to deny was approved by the following vote: Ayes: 5 – Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Nays: 1 – Mayor Newton 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 Denial of Ordinance O-20-2127 negated this ordinance and no action was taken. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-21-4574 Consideration of a request to abandon a previously dedicated right-of- way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-007 Mayor Newton read Resolution R-21-4574 in its entirety. Community Development Director Ben Bryner presented this item which is a request from Toll Brothers Land Development, for a Right-of-Way abandonment at 103 and 105 Old Grove and 7189 Cast Iron Forest. This is a 15-foot right-of-way area dedicated with the plat and dedicated to the City. City Council Minutes January 5, 2021 City of Colleyville Page 11 Matt Maley, representing the applicant, stated the request if for the City to abandon the right-of-way as there are no improvements and is not listed on the appraisal district records. Mayor Newton asked Mr. Maley why the City would give him the property. Art Anderson, also representing the applicant, stated they had been focusing on the drainage of the property and had not paid attention to the need to address the right-of-way. Mayor Newton recessed the City Council meeting to convene in Executive Session at 9:42 p.m. Mayor Newton reconvened the City Council Meeting at 9:53 p.m. Mayor Newton stated the City is not in a position to act on this request and directed the applicant to work through the process with staff starting at the City Manager. Specifically, Mayor Newton stated the City right of way has to be dealt with before the land can be replatted. Mayor Newton opened the public hearing at 10:00 p.m. There was no one present wishing to speak and the public hearing was closed at 10:01 p.m. Mayor Newton made a motion to table Resolution R-21-4574 to a date certain of February 16, 2021, seconded by Councilmember Kelley. The motion to table was approved by the following vote: Ayes: 6 – Mayor Newton, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8b Resolution R-21-4575 Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-006 Mayor Newton read Resolution R-21-4575 in its entirety. Mayor Newton stated based on the previous action of Resolution R-21-4574, this item should also be tabled. City Attorney Whitt Wyatt noted this is a threshold issue and must be discussed with staff and be in compliance with the Land Development Code. Following discussion with staff and the representatives of Toll Brothers, the applicants agreed to table the item until the February 16th City Council meeting. City Council Minutes January 5, 2021 City of Colleyville Page 12 Mayor Newton opened the public hearing at 10:17 p.m. There was no one present wishing to speak and the public hearing was closed at 10:17 p.m. Mayor Newton made a motion to table Resolution R-21-4575 to a date certain of February 16, 2021, seconded by Councilmember Dodson. The motion to table was approved by the following vote: Ayes: 6 – Mayor Newton, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8c Resolution R-21-4576 A resolution changing the March, October, and November 2021 City Council meetings dates Mayor Newton read Resolution R-21-4576 in its entirety. City Secretary Christine Loven, reviewed dates of possible conflict with scheduled 2021 City Council Meetings. City Council chose to change the dates of the second meeting in March to March 23, 2021; the first meeting in October to October 4; and the first meeting in November to November 3; to avoid conflicts with GCISD Spring Break, National Night Out, and Election Day respectively. Mayor Newton opened the public hearing at 10:27 p.m. There was no one present wishing to speak and the public hearing was closed at 10:27 p.m. Councilmember Wheat made a motion to approve Resolution R-21-4576, seconded by Councilmember Nakamura. The motion to approve passed with the following vote: Ayes: 6 – Mayor Newton, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 9. CITIZEN COMMENTS There was no one present wishing to speak. 10. REPORTS Colleyville Library Board Minutes - October 12, 2020 Planning and Zoning Commission Minutes - October 26, 2020 Planning and Zoning Commission Minutes - November 9, 2020 Planning and Zoning Commission Minutes - November 23, 2020 City Council Minutes January 5, 2021 City of Colleyville Page 13 There was no action taken. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JANUARY 5, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4577 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 10:28 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 19TH DAY OF JANUARY 2021. Minutes taken and prepared by: Christine Loven, TRMC City Secretary