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HomeMy WebLinkAboutCity Council-Minutes-10/19/2021 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, October 19, 2021 WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Update on the Senior Center Renovation design WS-2 Presentation on the Draft Water, Wastewater, and Roadway Impact Fee Update Study WS-3 Discussion of the Tinker Road improvement project WS-4 Discussion of the criteria for Heroes Park nominations WS-5 Discussion of the October 19, 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 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 City Council Agenda October 19, 2021 City of Colleyville Page 2 INVOCATION: Pastor Paul Daniels, Colleyville Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4660 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation by Mary Louise Nicholson, Tarrant County Clerk, to the City of Colleyville and the Colleyville Library of the Tarrant County 2020 Coronavirus Pandemic history book - Mayor Richard Newton and Library Director Mary Rodne Presentation to Colleyville Police Department Life Saving Awards - Mayor Richard Newton In recognition of the Colleyville Police Department receiving two International Association of Chiefs of Police Awards 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21- 4661 4a Approval of the minutes of the regular City Council meeting of October 4, 2021 4b Approval of the first one-year renewal term for the Tree Trimming Contractor Services Agreement with Smith Lawn and Tree, LLC, in an amount not to exceed $75,000.00, and authorize the City Manager to execute the agreement 4c Approval of the first one-year renewal term for the City’s current Miscellaneous Concrete Contractor Services Agreement with GRod Construction, LLC, in an amount not to exceed $400,000.00, and authorizing the City Manager to execute the agreement 4d Approval of the third one-year renewal term for the City’s current Janitorial Services Contractor Services Agreement with Oriental Building Services, Inc., in an amount not to exceed $134,041.00, and authorizing the City Manager to execute the agreement 4e Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program 4f Approval of the sale of property, seized items, found items, obsolete, and non-serviceable equipment City Council Agenda October 19, 2021 City of Colleyville Page 3 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - September 2021 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-21-2174 Consideration of an amendment to the PUD-R Planned Unit Development-Residential district, specifically to amend the regulations for garage door building materials, for Lots 1-12, Block 1, The Villas at Windsor Steele, located at 5101-5145 Roberts Road, Case ZC21-018 6b Ordinance O-21-2175 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for a Massage Therapy use on Lot 7R1A, Block 2, Andy Felps Addition, located at 4209 Colleyville Boulevard, Suite C, Case ZC21-019 6c Ordinance O-21-2176 Consideration of a zoning change from R-20 Single Family Residential and RE Single Family 'Estate' Residential zoning districts to R-40 Single Family Residential zoning district for Lot 2R, Block 1, Mockingbird Hill Addition, located at 6250 Pool Road, Case ZC21-020 6d Ordinance O-21-2177 Consideration of a Special Use Permit for an Accessory Dwelling on Lot 2R, Block 1, Mockingbird Hill Addition, located at 6250 Pool Road, Case ZC21-021 6e Ordinance O-21-2178 Consideration of an amendment to the PUD-C Planned Unit Development-Commercial district, specifically to allow for showrooms, to include a Hot Tub and Sauna Showroom, as a permitted use, for Lot 1, Block 1, Metrovest Addition, located at 6100 Colleyville Boulevard, Suite 100, Case ZC21-023 6f Ordinance O-21-2179 Amending Chapters 18 and 46 of the Code of Ordinances by adopting the 2018 editions of certain International Codes published by the International Code Council and adopting the 2020 edition of the National Electric Code 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-21-4662 Appointing the adhoc General Fund Capital Improvement Project Fee Advisory Committee City Council Agenda October 19, 2021 City of Colleyville Page 4 8. CITIZEN COMMENTS 9. REPORTS Planning and Zoning Commission Minutes - September 13, 2021 Planning and Zoning Commission Worksession Minutes - September 27, 2021 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, OCTOBER 19, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4663 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin board Friday, October 15, 2021 by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, October 19, 2021 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, October 19, 2021, at 5:00 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, Parks and Recreation Director Lisa Escobedo, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Update on the Senior Center Renovation design Parks and Recreation Director Lisa Escobedo stated this is an opportunity for the design team of Barker, Rinker, Seacat to review the final designs of the Senior Center renovation. She then introduced Kevin Armstrong, Project Manager, and Melissa King, Design Manager. Mr. Armstrong provided a quick overview of the budget and timeline and stated the project is on budget. Ms. King presented the demolition, building program drawings, and reviewed the color palettes. City Council chose the cream palette with the lighter stone. There was discussion regarding the back windows and how much the Council liked them. City Manager Ducay asked if glass doors could be added at the back for access to future enhancements at the back. There was also a discussion of adding signage to the front. Director Escobedo stated the project will take nine months and during that time, the regular programing will be conducted at the Library and Colleyville Center. The Mayor and City Council thanked Mr. Armstrong and Ms. King for the work and stated they were pleased with all the elements. WS-2 Presentation on the Draft Water, Wastewater, and Roadway Impact Fee Update Study Public Works Director Ray Silva-Reyes reviewed the history and the Texas Government Code requirements for this item and brought forth the City Council Minutes October 19, 2021 City of Colleyville Page 2 recommendation of the Capital Improvement Advisory Committee. He then introduced the consulting staff present from Kimley-Horn: April Escamillia, PE, Civil Engineer, John Atkins, Project Manager, and Jeff Whitacre, VP. Ms. Escamillia presented the results of the impact fee study conducted by Kimley- Horn and explained the theory, data, and assumptions used when conducting the study. There was discussion regarding the service areas, percentage of commercial versus residential, and what factors are used in the calculation. Councilmember Dodson questioned the assumptions and methods used to arrive at the results. The Council discussed this and agreed they didn’t understand all of the results presented and requested Kimley-Horn provide the City with the data used, clarity on assumptions, and more background information. The City Council also requested Kimley-Horn review the Highway 26 corridor, especially the land purchased by the City to insure it was taken into account properly in the commercial computations, and also the property belonging to Trinity Broadcasting as an example of how the residential computations were done. Kimley-Horn was asked to report back to the City Council regarding the data and whether there needs to be adjustments. WS-3 Discussion of the Tinker Road improvement project Public Works Director Ray Silva-Reyes provided the sidewalk update to the Tinker Road project. City Council directed staff to proceed with a five-foot sidewalk on the north side of Tinker Road. Councilmember Nakamura stated the residents along Tinker would prefer the north sidewalk. WS-4 Discussion of the criteria for Heroes Park nominations Mayor Newton gave a history of Heroes Park and distributed the existing process and current criteria for consideration for Heroes Park nominations. Mayor Newton said he is working on updating the criteria and process for nominations and selection. Mayor Newton will bring these recommendations back to City Council for review and consideration. WS-5 Discussion of the October 19, 2021, City Council regular agenda items Mayor Newton noted there were several second reading ordinances on the agenda and discussed the appointments to be made by resolution to the ad General Fund CIP Fee Advisory Committee. Mayor Newton adjourned the worksession at 6:32 p.m. and called the Executive Session to order. City Council Minutes October 19, 2021 City of Colleyville Page 3 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 and Mayor Newton adjourned Executive Session at 7:10 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:30 p.m. 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 Paul Daniels, Colleyville Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4660 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition The Mayor and City Council made the following announcements: City Council Minutes October 19, 2021 City of Colleyville Page 4 COVID-19 Update – Colleyville has 171 active positive cases. Tarrant County beds occupied by COVID patients is 12%, and the 9-county TSA-E region COVID hospitalization is 10.86%. Tarrant County bed availability is 11%, and ventilator availability is 56%. Adult ICU bed availability in Tarrant County is 4%. While the Tarrant County Health community spread level remains level at “high”, it is clear the epidemic curve is clearly on the decline (case counts trending downward). Sales Tax Positive Trend Continues – The Texas Comptroller’s Office has posted the most recent sales tax allocation information for October, representing all receipts from purchases made in August of this year. The most recent collection came in at 11% over August of FY20, putting YTD growth at 13.8%. In terms of dollars, this represents a total YTD gain of $1,025,000 over last year. Audit collections were minimal this month, meaning most of our gain is from current collections, which are reflective of actual transactions made in August as opposed to administrative adjustments made by the State Comptroller. This is great news! Through August of this year, the City has received a total of $8,432,229 in sales tax. As mentioned before, this is over one million dollars more than we’ve received through the same month in FY20. It also bears noting that this month marks the seventeenth consecutive month in which Colleyville has posted sales tax gains over the previous year. With only one month left in the fiscal year, we are set to likely gain over $1.1 million in sales tax dollars across the City. This will factor heavily in the ability to absorb cost increases in the General, CEDC, and CCCPD funds for FY23. #ColleyvilleGives Grant Application Process Open to Assist Businesses – The City of Colleyville's annual #ColleyvilleGives advertising grant program is back! This seasonal program is designed to assist Colleyville businesses with their fourth quarter advertising and marketing efforts by providing advertising grants. Consistent with years past, 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. Christmas Trees Just Around the Corner – The City of Colleyville's Annual community Decorated Tree Display is back for another year! This is an annual tradition in Colleyville where community groups are invited to add some extra Christmas cheer and sparkle by decorating a tree for all to enjoy! Applications are City Council Minutes October 19, 2021 City of Colleyville Page 5 available online at www.colleyville.com/christmas and the application deadline is Monday, November 1. Fire Department Offers Vaccinations/Boosters – The Colleyville Fire Department continues to provide vaccinations for those interested. The department has all three vaccines available. Department personnel have begun communication with patients previously vaccinated by the department to schedule booster appointments. The current CDC recommendation is for the Pfizer only. The FDA does not currently authorize mixing brands. Prerequisite for eligibility: 65 years and older at least six months after their primary series Residents of long-term care at least six months after their primary series 18–64 years with underlying medical conditions at least six months after their primary series. 18-64 years who are at increased risk for COVID-19 because of occupational or institutional setting at least six months after their primary series. This applies only to the Pfizer COVID-19 Vaccine and only to people 18 and older. Farmers Market Launches Sunday, October 24 – Colleyville is hosting their very own Farmers Market starting Sunday, October 24, from 10:30 a.m. to 1:30 p.m. at the Plaza at City Hall. Vendors will include those from the Harvest Festival as well as several others! Food trucks, music, lawn games, and more will be present. Additional Farmers Markets will be held the first three Sundays in November. DEA Drug Take Back, October 23 – The Colleyville Police Department and the Drug Enforcement Administration (DEA) will give the public the opportunity to prevent pill abuse and theft by ridding their homes of potentially dangerous expired, unused, and unwanted prescription drugs. Community members can bring their pills for disposal to the Senior Center (2512 Glade Road) October 23, from 10 a.m. – 2 p.m. The DEA cannot accept liquids or needles or sharps, only pills or patches. The service is free and anonymous, no questions asked. Colleyville Police are offering a drive through service for easier drug disposal. Fire Academy Enrollment Now Open – Experience what it takes to provide Fire and Emergency Medical Services to our community. The Colleyville Fire Department will be holding a free, one day Citizens Fire Academy for Colleyville residents ages 18 and older. The event is scheduled for October 30, from 9 a.m. – 6 p.m. at the Central Fire Station (5209 Colleyville Blvd.) Participants will cover topics such as Hazmat, CPR/AED, fire extinguisher training, vehicle extrication, and more. Lunch will be provided. Class size is limited to 25 participants. For questions or to enroll, contact Karen Weir at kweir@colleyville.com. City Council Minutes October 19, 2021 City of Colleyville Page 6 Presentation by Mary Louise Nicholson, Tarrant County Clerk, to the City of Colleyville and the Colleyville Library of the Tarrant County 2020 Coronavirus Pandemic history book - Mayor Richard Newton and Library Director Mary Rodne Mary Louise Nicholson, Tarrant County Clerk, presented the Tarrant County 2020 Coronavirus Pandemic history book to the City and noted the books are also for sale and available through any County Commission. Ms. Nicholson stated the pandemic changed everyone’s life and it is important we record this event for historical reference. Presentation to Colleyville Police Department Life Saving Awards - Mayor Richard Newton Police Chief Michael Miller and Mayor Richard Newton recognized Officer Dalton Horton and Sergeant Dustin Eason with the Department’s Life Saving Awards. On August 6, 2021, Officer Horton was credited with saving the life of a person undergoing a heart attack. Due to Officer Horton performing CPR until the paramedics arrived, the individual survived and is now home. On August 14, 2021, Sergeant Eason administered Narcan and performed CPR on an individual who was not breathing and had no pulse. Due to the actions of Sergeant Eason, the individual survived and was able to be transported by paramedics. In recognition of the Colleyville Police Department receiving two International Association of Chiefs of Police Awards Mayor Newton recognized the Colleyville Police Department and provided the following information. The Colleyville Police Department has earned two prestigious awards from the International Association of Chiefs of Police (IACP) for its work in solving two high profile cases – one brought down a worldwide sex trafficking website and one solved an international elder fraud ring stemming from Nigeria. Both cases have direct ties to the City of Colleyville. IACP is the largest professional association for police leaders with more than 31,000 members in over 165 countries across the globe. Annually, the IACP honors law enforcement officers and agencies who exhibit leadership, excellence, and professionalism by memorializing their efforts with coveted awards like these; a total of 15 “agency” awards are given out by the organization each year. Colleyville Police Department has been awarded two of the 15 (13.33%) “agency” awards this year. The awards were supposed to be personally presented to agencies at IACP’s annual conference scheduled for the week of September 11, in New Orleans, but due to City Council Minutes October 19, 2021 City of Colleyville Page 7 hurricane Ida, the conference was moved to a virtual platform and the awards were announced online on September 13th. We cannot publicize the significance of our police department receiving these awards enough. The department, under the leadership of Chief Miller, has interacted with other departments and agencies, and acted knowledgably, professionally, and skillfully. 2021 IACP/Thomson Reuters Excellence in Criminal Investigations Award The IACP selected the Colleyville Police Department as the recipient of the 2021 IACP/Thomson Reuters Excellence in Criminal Investigations Award in recognition of the exceptional innovation in criminal investigations. The investigation was a collaborative effort between the Colleyville Police Department, Homeland Security Investigations’ (HSI) Dallas Field Office, and the United States Secret Service, with assistance from HSI’s El Paso and San Jose Field Offices, as well as the Texas Department of Public Safety. This award recognizes the excellent criminal investigation conducted into the CityXGuide website, which was used to promote, advertise, and facilitate prostitution and sex trafficking around the world. This team identified numerous minor-aged victims around the world listed in the website advertisements, including a 13-year-old who was recovered in North Texas. The website was seized and its owner was arrested and charged in a 28-count federal indictment. Detective Brent Self was the co-case agent on this investigation. 2021 IACP Leadership in the Prevention of Transnational Crime The Colleyville Police Department was also the recipient of the 2021 IACP Leadership in the Prevention of Transnational Crime Award for successfully mitigating the international threats to their community by transnational crime organizations. The Colleyville Police Department, in partnership with the U.S. Secret Service and investigators from the Tarrant County Criminal District Attorney’s Office, initiated an investigation from a local victim which developed into multiple romance and lottery scams involving elderly victims across the country. This team ultimately identified a West African fraud ring with ties to Nigerian organized crime syndicates who had multiple suspects who scammed over $4 million from the victims. Four offenders in these schemes were apprehended and at least $200,000 has been secured so far with plans to return money to the crime victims. Detective Jeff Prater was the lead investigator on this case. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21- 4661 4a Approval of the minutes of the Regular City Council meeting of October 4, 2021 City Council Minutes October 19, 2021 City of Colleyville Page 8 4b Approval of the first one-year renewal term for the Tree Trimming Contractor Services Agreement with Smith Lawn and Tree, LLC, in an amount not to exceed $75,000.00, and authorize the City Manager to execute the agreement 4c Approval of the first one-year renewal term for the City’s current Miscellaneous Concrete Contractor Services Agreement with GRod Construction, LLC, in an amount not to exceed $400,000.00, and authorizing the City Manager to execute the agreement 4d Approval of the third one-year renewal term for the City’s current Janitorial Services Contractor Services Agreement with Oriental Building Services, Inc., in an amount not to exceed $134,041.00, and authorizing the City Manager to execute the agreement 4e Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program 4f Approval of the sale of property, seized items, found items, obsolete, and non-serviceable equipment Mayor Newton read Resolution R-21-4661 in its entirety. Public Works Director Ray Silva-Reyes presented items 4b, 4c, 4d, and 4f. Regarding items 4b, 4c, and 4d, Councilmember Dodson asked if the City was required to go out for bid of those items. Director Silva-Reyes stated the original contracts were written with renewable terms and were therefore, not required to be rebid during the contract term. Regarding item 4b, Mayor Pro Tem Lindamood stated the contractor does exceptional work and is very thorough and expressed his appreciation. Assistant City Manager Mark Wood presented item 4e and introduced Municipal Court staff Nicole Porell, Administrator, and Aaron Gunther, Deputy Administrator. Mayor Newton opened the public hearing at 8:17 p.m. Kathy Hadley, 204 Timberline Drive S, thanked Mayor Pro Tem Lindamood for his comments regarding the tree-trimming contractor. She also spoke against sending Parks furniture to auction. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:20 p.m. City Council Minutes October 19, 2021 City of Colleyville Page 9 Councilmember Nakamura made a motion to approve Resolution R-21- 4661, seconded by Councilmember Dodson. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - September 2021 Finance Director Kyle Lester provided the September 2021 Financial Report. He noted this is the seventeenth consecutive month for an increase in projected sales tax. He reported on the General, Utility, Drainage, Hotel, and Debt Service Funds and noted this report was for the last month in the fiscal year. Director Lester stated he is estimating the end of year surplus to be in excess of $1.5 million. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-21-2174 Consideration of an amendment to the PUD-R Planned Unit Development-Residential district, specifically to amend the regulations for garage door building materials, for Lots 1-12, Block 1, The Villas at Windsor Steele, located at 5101-5145 Roberts Road, Case ZC21-018 Mayor Newton read the caption of Ordinance O-21-2174. Assistant City Manager Mark Wood presented this item stating at the previous meeting City Council directed staff to research the staff’s process for plan approvals and information provided to the developer. Manager Wood stated he determined staff had provided the developer with marked plans, which noted all the requirements of the PUD-R; however, the developer did not utilize the City’s approved plans. He stated the PUD-R was violated when glass doors were installed and there was a complaint regarding glare. The developer is seeking to amend the PUD-R to allow for the glass doors and noted the one door, which caused a glare, has been treated with film. Mayor Newton asked the applicants to come forward and answer questions. Brian Adams and Ryan Panno, the developers requesting the amendment, thanked the City Council for their time and consideration and stated they did not purposely violate the PUD-R; it was their first time submitting plans online. Mayor Newton stated the development must still be responsible and the City Council does not want to be punitive to the citizens who are already residing in the City Council Minutes October 19, 2021 City of Colleyville Page 10 subdivision. Mayor Newton stated he would like to require the developer to add more trees to help offset the glare if the film fails. There was discussion between the Council and developers regarding the species, height, and location of trees, and requiring the HOA to maintain the trees. Council also stated film would have to be placed on each garage door. Mr. Panno asked if they agree to the amendments, will the stop work order be lifted. City Manager Jerry Ducay stated he would lift the stop order. Mayor Newton opened the public hearing at 9:05 p.m. Kathleen Hennessey, 5301 Stonebridge, stated she would get the information on a “gumshoe glass” she is familiar with and suggested the glass in all the doors could be changed out with this non-glare, long lasting, glass. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:07 p.m. Mayor Newton advised the developers he would be making a motion to table and directed Mr. Adams and Mr. Panno to provide a landscape plan with height, species, and dimensions at the next meeting. Mayor Newton made a motion to table Ordinance O-21-2174, seconded by Councilmember Rigney. The motion to table carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6b Ordinance O-21-2175 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for a Massage Therapy use on Lot 7R1A, Block 2, Andy Felps Addition, located at 4209 Colleyville Boulevard, Suite C, Case ZC21-019 Mayor Newton read the caption of Ordinance O-21-2175. Community Development Director Ben Bryner presented this item and stated staff recommends denial as the applicant failed the background investigation. The applicant was not present to answer questions of the City Council. Mayor Newton opened the public hearing at 9:13 p.m. City Council Minutes October 19, 2021 City of Colleyville Page 11 Kathy Hadley, 204 Timberline Drive S, spoke in favor of this item. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:13 p.m. Councilmember Dodson made a motion to deny Ordinance O-21-2175, seconded by Councilmember Kelley. The motion to deny carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6c Ordinance O-21-2176 Consideration of a zoning change from R-20 Single Family Residential and RE Single Family 'Estate' Residential zoning districts to R-40 Single Family Residential zoning district for Lot 2R, Block 1, Mockingbird Hill Addition, located at 6250 Pool Road, Case ZC21-020 Mayor Newton read the caption of Ordinance O-21-2176. Community Development Director Ben Bryner presented this item, a request for a zoning change because the lot has two zonings currently, and stated there are no new lots proposed. Mayor Newton stated the only R-40 ordinance parameter not met is the 100-foot property width, but this is an existing lot and the width is not controllable by the owner at this point. Also the Mayor said this request does clean up the zoning of this land by making it more compatible with the surrounding area. Councilmember Dodson asked staff if the driveway meets the side yard setback. Director Bryner stated there is no side yard setback requirement for flat work. Mayor Newton opened the public hearing at 9:21 p.m. Kathleen Hennessey, 5301 Stonebridge Drive, spoke regarding concerns for a fire truck having access. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:23 p.m. Councilmember Rigney made a motion to approve Ordinance O-21-2176, seconded by Councilmember Wheat. The motion to approve carried by the following vote: City Council Minutes October 19, 2021 City of Colleyville Page 12 Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6d Ordinance O-21-2177 Consideration of a Special Use Permit for an Accessory Dwelling on Lot 2R, Block 1, Mockingbird Hill Addition, located at 6250 Pool Road, Case ZC21-021 Mayor Newton read the caption of Ordinance O-21-2177. Community Development Director Ben Bryner presented this item, noting it is a companion to the previous Ordinance O-21-2176. Director Bryner stated the request is for an SUP for an accessory dwelling per the zoning, which was approved by the previous ordinance. Director Bryner stated the request is for the use of a new 799 s.f. accessory dwelling attached to an existing detached garage. The total lot area is 1.39 acres, or 60,548 square feet, and the structure will be built on the west side of the garage of similar materials to the home, and includes a 377 s.f. covered porch in addition to the dwelling. He noted the structure will not be visible from Pool Road and it meets all the dimensional requirements of the Land Development Code. Councilmember Dodson asked staff if it is stated the dwelling can never be rented is written in the SUP. Director Bryner stated code states it cannot be used as rental property, and Mayor Newton stated it could be written into the ordinance as well. Mayor Newton asked the applicant to come forward. Mayor Newton asked applicant Lance Bishop, 6250 Pool Road, if he understands and agrees to a condition being written into the ordinance that the property can never be rented. Mr. Bishop stated he understands and agrees. Mayor Newton opened the public hearing at 9:30 p.m. Kathy Hadley, 204 Timberline Drive S, spoke regarding concerns for the potential of the addition being used as a rental as she feels this is happening in her neighborhood. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:32 p.m. Councilmember Dodson made a motion to approve Ordinance O-21-2177 with the amendment of adding the dwelling cannot be used as rental property, seconded by Councilmember Rigney. The motion to approve carried by the following vote: City Council Minutes October 19, 2021 City of Colleyville Page 13 Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Mayor Newton declared a recess at 9:33 p.m. and reconvened at 9:39 p.m. 6e Ordinance O-21-2178 Consideration of an amendment to the PUD-C Planned Unit Development-Commercial district, specifically to allow for showrooms, to include a Hot Tub and Sauna Showroom, as a permitted use, for Lot 1, Block 1, Metrovest Addition, located at 6100 Colleyville Boulevard, Suite 100, Case ZC21-023 Mayor Newton read the caption of Ordinance O-21-2178. Community Development Director Ben Bryner presented this item, a request to amend the PUD-C ordinance to allow showrooms, to include a hot tub and sauna showroom. Mayor Newton asked Director Bryner what the definition is of showroom as opposed to retail showroom. Director Bryner read from the Code and noted it did not include the hot tub and sauna definition. City Manager Ducay did acknowledge the wording “showroom” was more general than the more specific wording “hot tub and sauna showroom”. It was agreed to use the more specific wording. Mayor Newton asked the applicant to come forward. Applicant Garrett Turner, 6100 K Avenue, Plano, advised the City Council the Colleyville showroom would be a satellite store to his current Plano store where all inventory is held and received, and is where the service and delivery departments operate. This means the Colleyville store will be sales only and is a sales tax generating business. There will be no storage or delivery from this location. Mayor Newton asked if the zoning of the other two properties are different. Director Bryner stated yes, the other properties are zoned CC-1, furniture and appliance store. Mayor Newton opened and closed the public hearing at 9:50 p.m. as there was no one present wishing to speak. Mayor Pro Tem Lindamood made a motion to approve Ordinance O-21- 2178 with the amendment of removing showroom from the description, seconded by Councilmember Nakamura. The motion to approve carried by the following vote: City Council Minutes October 19, 2021 City of Colleyville Page 14 Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6f Ordinance O-21-2179 Amending Chapters 18 and 46 of the Code of Ordinances by adopting the 2018 editions of certain International Codes published by the International Code Council and adopting the 2020 edition of the National Electric Code Mayor Newton read the caption of Ordinance O-21-2179. Community Development Director Ben Bryner presented this item noting further review by the City Attorney and staff at the October 4, 2021, City Council Meeting, it was determined the best procedure for adopting the Codes and updates, and provide clarity in the Code of Ordinances, was to combine the four previous ordinances into a single ordinance adopting all changes in one document. Per the direction of Councilmember Rigney and City Manager Jerry Ducay, Section 4 of the Ordinance specifically exempts Section 4.11.5.2 5 “The leading edge shall be visually set apart and provided with a horizontal solid or broken stripe at least 1 inch wide on the top surface along the front leading edge of each step. This stripe shall be plainly visible to persons on the pool deck. The stripe shall be a contrasting color to the background on which it is applied, and the color shall be permanent in nature and shall be a slip-resistant surface” of the International Swimming Pool and Spa Code, from enforcement. City Attorney Whitt Wyatt stated there will be an amendment to Exhibit A, regarding the Board of Appeals and he has provided the written amendment for the record. Mayor Newton opened and closed the public hearing at 9:59 p.m. as there was no one present wishing to speak. Councilmember Rigney made a motion to approve Ordinance O-21-2179 with the amendment as provided by the City Attorney, seconded by Councilmember Kelley. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-21-4662 Appointing the adhoc General Fund Capital Improvement Project Fee Advisory Committee City Council Minutes October 19, 2021 City of Colleyville Page 15 Mayor Newton read Resolution R-21-4662 in its entirety. Mayor Newton stated the resolution appoints June Shrewsbury, Chair, and Tim Raine, Vice Chair, and appoints members Ray Allee, Thomas Bauch, James Dove, Cliff LeBlanc, Jeff Piston, Scotty Richardson, and Tony Seris. Mayor Newton opened and closed the public hearing at 10:07 p.m. as there was no one present wishing to speak. Councilmember Dodson made a motion to approve Resolution R-21-4662, seconded by Councilmember Wheat. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive S, spoke regarding Jackson Road, the Senior Center renovation, and the need to involve the seniors. Mrs. Hadley also stated the 26 medians are beautiful and thanked the Council and staff for the work they do. Kathleen Hennessey, 5301 Stonebridge, spoke regarding challenges, which need to be addressed regarding the preservation and responsibility for tree trimming. 9. REPORTS Planning and Zoning Commission Minutes - September 13, 2021 Planning and Zoning Commission Worksession Minutes - September 27, 2021 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, OCTOBER 19, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4663 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 10:20 p.m. City Council Minutes October 19, 2021 City of Colleyville Page 16 APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 1ST DAY OF NOVEMBER 2021. Minutes taken and prepared by: Christine Loven, TRMC City Secretary