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HomeMy WebLinkAboutCity Council-Minutes-12/07/2021 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, December 7, 2021 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 FY 2021 Economic Development Year-in-Review WS-2 Discussion of civic and wayfinding signage WS-3 Update on 2022 elections and voting location at Colleyville Library WS-4 Discussion of the December 7, 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 December 7, 2021 City of Colleyville Page 2 INVOCATION: 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-21-4677 3.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of the Texas Economic Development Council Community Economic Development Award to the City of Colleyville - Mayor Richard Newton and Assistant City Manager Adrienne Lothery 4.CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21-4678 4a Approval of the minutes of the regular City Council meeting of November 16, 2021 4b Approval to appoint Eric Holland to the adhoc General Fund CIP Fee Advisory Committee 4c Approval of a construction contract with CMC Development & Construction Corporation, LLC, for the Justice Center Site Improvements Project, in an amount not to exceed $676,000, and a contingency amount not to exceed $50,000, and authorizing the City Manager to execute the contract 4d Approval of the annual review and updates to the City of Colleyville Investment Policy 5.ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-21-2182 Consideration of a Special Use Permit for a reduction in parking on Lot 1, Block 1, Corley Subdivision, located at 5409 Colleyville Boulevard, Case ZC21-028 5b Ordinance O-21-2183 Consideration of amendments to Chapter 3 of the Land Development Code requiring a Special Use Permit for a duplex in the RD Two Family Residential district, specifically amending Section 3.24B Schedule of Permitted Principal Uses, Case GC21-013 City Council Agenda December 7, 2021 City of Colleyville Page 3 5c Ordinance O-21-2184 Consideration of amendments to Chapter 3 of the Land Development Code allowing commercial accessory buildings and providing regulations, specifically amending Section 3.24B Schedule of Permitted Principal Uses and Section 3.27 Accessory Buildings and Residential Carport Regulations, Case GC21-014 5d Ordinance O-21-2185 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for a CBD Store use on Lot 7R1A, Block 2, Andy Felps Addition, located at 4209 Colleyville Boulevard, Suite B, Case ZC21-024 5e Ordinance O-21-2186 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-21-4679 Consideration of a Right-Of-Way Encroachment Agreement to allow for a permanent freestanding monument sign to be located within the right-of-way located at 715 Cheek-Sparger Road 6b Resolution R-21-4680 A resolution casting ballots for the Tarrant Appraisal District Board of Directors 7. CITIZEN COMMENTS 8. REPORTS Colleyville Center Advisory Committee Minutes - August 16, 2021 Parks and Recreation Advisory Board Minutes - September 13, 2021 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 7, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4681 10. ADJOURNMENT City Council Agenda December 7, 2021 City of Colleyville Page 4 I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 3, 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, December 7, 2021 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, December 7, 2021, 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, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Colleyville Business Center and Colleyville Center Manager Leslie Hill, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 FY 2021 Economic Development Year-in-Review Assistant City Manager Adrienne Lothery presented this item. Manager Lothery provided a printed copy of the FY2021 Economic Development Report and advised this agenda item allows for the introduction of the report, which recaps the programs from FY2021. Manager Lothery recognized the economic development efforts of the City’s Community Development and Planning staff, Chelsea Rose, Colleyville Chamber of Commerce President, Leslie Hill, Colleyville Business Center and Colleyville Center Manager, and the City Manager’s Office interns. She went on to highlight the year’s activities which includes more than $1 million being reinvested to support local business through the gift cards and advertising grants, $9.7 million improvement value for property improvement projects which received grant funds, and the success of the Colleyville Business Center. Manager Lothery concluded the presentation with a recap of the conservative financial management strategy and potential programs for the future. Mayor Newton and the City Council thanked Manager Lothery for the work and discussed the possibility of including Citywide infrastructure improvements in the report and making it available in print and digitally. WS-2 Discussion of civic and wayfinding signage Assistant City Manager Adrienne Lothery stated David Newman, of MESA, is quarantined, and could not attend this meeting; therefore, she will be giving the presentation. Manager Lothery introduced Stan Cowan of MESA, and Mike Moore and Eileen Simeonov, of Square Peg, who is collaborating with MESA for the signage piece of the SH26 Beautification. Manager Lothery stated the signage City Council Minutes December 7, 2021 City of Colleyville Page 2 portion would reinforce Colleyville’s identity and drive future signage, while creating consistency. The presentation reviewed the accomplishments, commitments, and opportunities along SH26. Signage was presented in family groupings, and location groupings. At this time, Mr. Moore also noted the introduction of a monogram - not a logo, to reinforce identity in all areas of the City. There was discussion regarding The Village signage, the look of the civic signs, and the elements. City Council agreed the signage on the Main Street/SH26 gateway would only say The Village and no signs for individual stores would be created. On SH26 wayfaring signs, the City Council generally liked a pole type sign matching the street light bollards, but wanted to see additional options for sign design on the pole bollards. They also agreed signs with stone bases are appropriate for the wayfinding sign family and the stone use and type would be dependent and consistent with location. Council also likes the idea of a monogram, but additional options should be presented, and be used in consistent locations. WS-3 Update on 2022 elections and voting location at Colleyville Library City Secretary Christine Loven reviewed the 2022 election schedule and advised voting will be conducted on the second floor of the library, due to anticipated high voter turnout. There was discussion regarding the need for separate rooms for voting democrat or republican on Election Day in the primaries and Election. The Mayor requested staff to contact Tarrant County Elections Administration and ask for a meeting or presentation regarding the election process. WS-4 Discussion of the December 7, 2021, City Council regular agenda items There was no discussion of this item and Mayor Newton adjourned the Worksession at 6:30 p.m. and 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 SH26 City Council Minutes December 7, 2021 City of Colleyville Page 3 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 7:25 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:36 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 Lanre Sobo, Glory House 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-21-4677 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 Mayor Newton and the City Council made the following announcements. COVID-19 Update – With information coming out about the new Omnicron variant, there has been increased requests for vaccines and boosters. As a reminder, we have all three-vaccine types available at the Colleyville Fire Station. Tarrant County also shared that only 5.29% of hospital capacity is currently in use for COVID hospitalizations, which is great news. Tree Lighting Event a Success! – Colleyville’s annual Christmas Tree Lighting was a great success on Friday evening! We hope you were able to join us and visit Santa Claus, Mrs. Claus, several of their reindeer, the Grinch, and much more. Thank you to all of the children’s choirs that performed, the community organizations that decorated trees, and to Ronni Orr and all of the City staff that put together a fantastic event. City Council Minutes December 7, 2021 City of Colleyville Page 4 Red Kettle Challenge - It’s that time of year again - the Red Kettle Challenge! Mark your calendars for Saturday, December 11. We will have stations at Albertsons, Walmart, and Market Street. The Mayors in the region have a competition going on, so come out and donate to a wonderful cause, supporting the work of The Salvation Army. Christmas Gift Cards – A second round of Christmas gift cards will be mailed out next week. These cards look similar to those mailed before Thanksgiving, just a slightly different color scheme (more red and green, rather than fall colors). This card is good for any $35 purchase at participating businesses with the City of Colleyville. A list of those businesses participating can be found on the City website. It is important that we remember the importance of our local brick and mortar business community. They provide exceptional goods and service in a convenient location, generate sales tax to fund City services, and reduce the property tax burden on residential property. Shop local this holiday season! Leaf Recycling – We know it’s been a windy last few days, which means our wonderful trees in Colleyville, are really starting to lose their leaves. Community Waste Disposal (CWD), Colleyville's trash and recycling provider, will run special collection routes to recycle bagged leaves on Saturday, Dec. 11, Dec. 18, and Jan 8 with collections beginning at 8 a.m. To participate, residents just need to set out leaves on the designated days. New for 2021, CWD will recycle leaves in any bag; paper or plastic. If leaf bags are set out prior to the Saturday collections, residents are asked to place leaf bags separately from household trash. Library Survey is Open – We want to know what you think! Take part in the Colleyville Public Library’s survey and have an opportunity to win a prize (or two!) As part of the Library’s current five year planning process required by the State, the Library launched a survey for the community to let us know your thoughts. The survey may be found on the City of Colleyville or the Colleyville Library homepages. The survey covers a variety of topics and subjects including usage, book availability, and hours of operation. The answers you give will directly impact and be part of the five‐year plan being developed by the Library staff. For your participation, residents who fill out the survey with their contact information are entered into a random drawing (available for ages 14 years and up) for one of two $100 Amazon gift cards. As an additional incentive, the Library is also holding weekly random drawings for a chance to win a City of Colleyville’s $35 Christmas Gift Card. The Library will offer 10 $35 cards each week through December 31. The survey will be available to the public until mid‐January. Glade Road – Good news - the road section from Thompson Terrace to Bluebonnet is now open to two‐way traffic including the Riverwalk Roundabout. However, tomorrow Wednesday, December 8, 2021, the existing Glade Road westbound lane closure from Stafford Drive to Montclair Drive will be extended to Pool Road. Westbound traffic is being detoured at Pool Road to Hall-Johnson. Traffic through from Stafford to Pool will be east bound only. The good news is City Council Minutes December 7, 2021 City of Colleyville Page 5 that the section of Glade Road from Bluebonnet to Montclair should be completed by April 2022. Pump Generator Grant – After more than six months, Colleyville has received word that the new L.D. Lockett Pump Station generator will be covered in part by a grant from the Texas Division of Emergency Management (TDEM). A collaboration effort between Public Works and Fire Emergency Manager Kenny Phillips has culminated in the awarding of a grant amounting to $266 thousand dollars, about 55% of the total project cost. This new generator will work to ensure the pump station stays operational, pumping potable water to the entire City during the event of a power loss due to inclement weather and/or unforeseen events. Main Street/Tower Project Update – As you may have seen we have started the Hwy 26 tower projects at the Main Street Gateway. The location at the intersection of Hwy 26 and Main Street has been cleared and dirt work is in progress. C. Green Scaping is the contractor and they are now working on building pier cages for the towers on the western corners. On the east side, you will see clearing and grading, as well as removal of the sidewalk within the ROW to make way for the intersection improvements. Presentation of the Texas Economic Development Council Community Economic Development Award to the City of Colleyville - Mayor Richard Newton and Assistant City Manager Adrienne Lothery Mayor Newton presented Assistant City Manager Adrienne Lothery, Colleyville Business Center Manager Leslie Hill, and Chamber President Chelsea Rose, with a plaque and explained the City was recognized at the Texas Economic Development Council’s Community Economic Development Awards in October. Colleyville received Merit Recognition for outstanding achievement in community economic development for the City’s involvement in the opening of the Colleyville Business Center and its partnership with the Colleyville Chamber of Commerce. The CEDA program recognizes exceptional contributions of TEDC member cities toward the economic vitality of their communities and the state of Texas through creativity, leadership, and partnership in the achievement of business recruitment and retention, and community improvement. Nominees were judged on five criteria: innovativeness, transferability, community commitment and leverage, measured objectives, and secondary benefits. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21-4678 4a Approval of the minutes of the regular City Council meeting of November 16, 2021 City Council Minutes December 7, 2021 City of Colleyville Page 6 4b Approval to appoint Eric Holland to the Adhoc General Fund CIP Fee Advisory Committee 4c Approval of a construction contract with CMC Development & Construction Corporation, LLC, for the Justice Center Site Improvements Project, in an amount not to exceed $676,000, and a contingency amount not to exceed $50,000, and authorizing the City Manager to execute the contract 4d Approval of the annual review and updates to the City of Colleyville Investment Policy Mayor Newton read Resolution R-21-4678 in its entirety. There was no discussion of items 4a and 4b. Public Works Director Ray Silva-Reyes presented item 4c, covering the project highlights, and noting all bids were over the anticipated amount. He stated staff is recommending awarding the contract to the lowest bidder, and references have been checked. Mayor Newton asked where the overage would be budgeted from if approved. City Manager Jerry Ducay stated there is funding in the several sources to include TIF or the $3.4 million Federal funds. Mayor Newton and the Council recommended using the available Federal Funds to pay for the overage of the bid to the budget amount. Mayor Pro Tem Lindamood stated he has seen costs rising all across Texas, and this is an investment in safety. Safety for the investment of vehicles and equipment, and the safety of our officers. Councilmember Dodson stated while there in a significant cost difference, he is pleased with the contractor. Councilmember Kelley stated the officers have been involved in several high- profile cases which brings both positive and criminal attention to the department and we must do our part to protect them and keep them safe. Finance Director Kyle Lester presented item 4d. Director Lester stated there were no changes proposed to the Investment Policy and the Policy had been reviewed by the Audit Committee with no changes recommended. Mayor Newton opened the public hearing at 8:11 p.m. Kathy Hadley, 204 Timberline Drive N, stated she has concerns regarding the costs for security updates at the Justice Center. There were no others present wishing to speak and the public hearing was closed at 8:12 p.m. City Council Minutes December 7, 2021 City of Colleyville Page 7 Councilmember Nakamura made a motion to approve Resolution R-21- 4678 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. 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-21-2182 Consideration of a Special Use Permit for a reduction in parking on Lot 1, Block 1, Corley Subdivision, located at 5409 Colleyville Boulevard, Case ZC21-028 Mayor Newton read the caption of Ordinance O-21-2182. Community Development Director Ben Bryner presented this item, which is a request for a reduction in parking to allow the business to operate as a restaurant. He stated the bank located next door to the Cajun Market has provided a parking agreement. Mayor Newton stated the parking agreement should have a term of use stated to bind the agreement. Councilmember Dodson agreed and stated the ordinance should state if the parking agreement expires, the SUP would expire. He also noted there is no walkway between the parking area and the Market. Mayor Newton asked the applicant, Mr. Phillip Tullis to come forward. Mr. Tullis thanked the Council for their consideration and discussed the walkway, parking agreement, and signage. Mr. Tullis clarified with the Council he is to have an amended parking agreement with the bank which clarifies the time line for the agreement to be in-place, when he returns for the second reading. Mayor Newton opened and closed the public hearing at 8:33 p.m. as there were no speakers. This was a first reading therefore, no action was taken. 5b Ordinance O-21-2183 Consideration of amendments to Chapter 3 of the Land Development Code requiring a Special Use Permit for a duplex in the RD Two Family Residential district, specifically amending Section 3.24B Schedule of Permitted Principal Uses, Case GC21-013 City Council Minutes December 7, 2021 City of Colleyville Page 8 Mayor Newton read the caption of Ordinance O-21-2183. Community Development Director Ben Bryner presented this item noting several properties within the City are zoned RD Two Family Residential zoning district, and a duplex is a permitted use within this district. He stated all properties in the RD Two Family Residential district have been developed with single-family homes and this amendment to the Land Development Code would require approval of a Special Use Permit (SUP) for a duplex use to be permitted. City Manager Ducay asked Director Bryner to verify the single-family use would remain an allowed use in the RD Two Family Residential zoning, but would have to meet the R-20 zoning requirements. Mayor Newton opened and closed the public hearing at 8:35 p.m. as there were no speakers. This was a first reading therefore, no action was taken. 5c Ordinance O-21-2184 Consideration of amendments to Chapter 3 of the Land Development Code allowing commercial accessory buildings and providing regulations, specifically amending Section 3.24B Schedule of Permitted Principal Uses and Section 3.27 Accessory Buildings and Residential Carport Regulations, Case GC21-014 Mayor Newton read the caption of Ordinance O-21-2184. Community Development Director Ben Bryner presented this amendment to the Land Development Code to allow for commercial accessory buildings and is an attempt to clarify the regulations associated with accessory buildings. The proposed amendment would provide for the accessory building a. to be limited to one accessory building per platted lot b. meet the same setbacks as a primary structure c. be limited to a maximum size of two hundred-fifty square feet d. a maximum height of one-story and 15 feet e. be located to the rear of the primary building and not visible from adjacent roadways f. be ancillary to the primary use g. exterior walls would have to be of the same materials as the primary structure h. located so it does not impede or impair vehicular traffic on the property Councilmember Dodson stated he would like commercial accessory buildings to be allowed only as an SUP. City Manager Ducay stated the Code is vague and staff is City Council Minutes December 7, 2021 City of Colleyville Page 9 attempting to clarify standards. Mayor Newton stated he is in favor of requiring an SUP including a statement of standards and guidelines. Following discussion, Council directed staff to remove items a, c, and d, and add additional language to g. Mayor Newton opened and closed the public hearing at 8:35 p.m. as there were no speakers. This was a first reading therefore, no action was taken. 5d Ordinance O-21-2185 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit for a CBD Store use on Lot 7R1A, Block 2, Andy Felps Addition, located at 4209 Colleyville Boulevard, Suite B, Case ZC21-024 Mayor Newton read the caption of Ordinance O-21-2185. Community Development Director Ben Bryner stated this item will require a super majority vote as the Planning and Zoning Commission recommended denial at their November 8, 2021, meeting by a vote of 7-0. Director Bryner stated this is a request for a Special Use Permit to allow for a CBD Store use, which is allowed in the CC-3 Highway Commercial District with an approved SUP. He reviewed the SUP Ordinance language and stated the applicant has his own presentation and is present to answer questions of the City Council. Applicant Kushal Bastakoti, 441409 Napoli Way, Irving, gave a presentation, which highlighted the company’s mission, concept, franchise business plan, awards, and a product list, which notes there is no Delta 8 or other isomer and synthetic products sold, nor do their products exceed 0.3% THC. Mr. Bastakoti noted in his slice presentation CBD products would comprise 50% of the store’s sales, and the remaining sales would be comprised of merchandise such as scented candles, incense sticks, bohemian handbags, and Himalayan salt lamps. There was discussion between Mr. Bastakoti and the City Council regarding Delta 8, how the level of THC is determined, if there would be on-line sales, if the City were responsible for testing the THC levels, and if the merchandise sales would be 50% of the store sales. Mayor Newton told Mr. Bastakoti he has concerns regarding the business being successful in Colleyville and with regulations still being new, he does not know how the City can manage the sales and enforcement therefore, he does not plan to vote in favor of the request. City Council Minutes December 7, 2021 City of Colleyville Page 10 Mayor Newton opened and closed the public hearing at 9:16 p.m. as there were no speakers. This was a first reading therefore, no action was taken. 5e Ordinance O-21-2186 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority Mayor Newton read the caption of Ordinance O-21-2186. Finance Director Kyle Lester presented this item and gave an overview of the process for establishing rates. He noted in 2016 the Council approved a rate structure whereby all of the costs to operate the City’s utilities are covered by a base rate, which makes up a customer’s minimum bill for each month. In 2017, Council added a CIP charge to the base rate to pay for capital projects. Director Lester stated the base and volumetric rates are reviewed and updated on an annual basis. The new base rates are reflected in the bills sent out in October to coincide with the City's fiscal year while the new volumetric rates are reflected in the bills sent out in January to coincide with TRA's rate change. Director Lester stated this year’s TRA calculations recommend a decrease in the water and wastewater rates, which, if approved, will be in effect starting with the January billing for December's usage as follows: Water Rates Lowering the current water volumetric rate from $4.4654 to $4.3430. Wastewater Rates Lowering the current wastewater volumetric rate from $3.1650 to $3.0663. Mayor Newton explained this is a pass-through cost as TRA provides water and wastewater treatment services to the City, as well as other cities. Mayor Newton stated there are times when the rate will increase, however, the City cannot control these costs, and the costs are divided amongst all cities served by TRA. Mayor Newton opened and closed the public hearing at 9:29 p.m. as there were no speakers. This was a first reading therefore, no action was taken. City Council Minutes December 7, 2021 City of Colleyville Page 11 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-21-4679 Consideration of a Right-Of-Way Encroachment Agreement to allow for a permanent freestanding monument sign to be located within the right-of- way located at 715 Cheek-Sparger Road Mayor Newton read Resolution R-21-4679 in its entirety. Community Development Director Ben Bryner presented this item and noted the applicant received approval of a variance from the Sign Board of Appeals to allow for the construction of a monument sign which will encroach beyond the required eight-foot front property line setback, placing it approximately 24’ from the edge of the street and into the Cheek-Sparger Road right-of-way. The approval was contingent on receiving approval of a Right-Of-Way Encroachment Agreement from the City Council. There was general discussion regarding construction on Cheek-Sparger Road, landscaping, visibility, utility location within the right-of-way, and the wide right- of-way along Cheek-Sparger Road. City Manager Ducay made note it would be prudent to add a requirement the church will be responsible for moving the sign at their expense if the right-of-way is needed for any reason in the future. Mayor Newton opened and closed the public hearing at 9:42 p.m. as there were no speakers. Councilmember Wheat made a motion to approve Resolution R-21-4679 with the following amendments: A landscape plan providing for additional landscaping on the Property shall be submitted and approved by City staff as a condition precedent to any permit being issued for construction or installing of the proposed sign; and in the event it becomes necessary for the City to use, acquire, or reclaim the right-of-way area where the sign is constructed for any public purpose or use, the then current owner of the property will be required to remove and/or relocate the sign within 120 calendar days of written notification from the City, seconded by Councilmember Rigney. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6b Resolution R-21-4680 A resolution casting ballots for the Tarrant Appraisal District Board of Directors City Council Minutes December 7, 2021 City of Colleyville Page 12 Mayor Newton read Resolution R-21-4680 in its entirety. Mayor Newton explained the City of Colleyville had nominated both Gary Losada and Rich DeOtte to serve the TAD Board of Directors. This nomination was based on both men’s service to TAD. The City of Colleyville has 20 votes which can be cast. Mayor Newton stated the City supports both, however, due to a legislative change, all of the taxing entities who have many votes, were required to vote within 30 days of the nomination. Mayor Newton stated the City has been tracking the votes, so the City could assign their votes where the biggest need is. He is aware and discussed with Mr. DeOtte and Mr. Losada that Mr. DeOtte has enough votes, however, Mr. Losada does not, therefore; while the City supports both, the City will cast all votes to Mr. Losada. Councilmember Dodson stated both men have worked very hard to improve the processes at TAD and those changes will significantly improve the organization for a long time. Mayor Newton opened and closed the public hearing at 9:42 p.m. as there were no speakers. Councilmember Dodson made a motion to approve Resolution R-21-4680, casting 20 votes for Gary Losada and adding an amendment stating the City Council supports both candidates, 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. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive North, discussed concerns regarding the bridge on Jackson Road, the traffic signal at Cheek-Sparger and Highway 121, and encouraged a leaf-composting program. Mrs. Hadley also addressed concerns with her neighbor’s new home build and the effect of water run-off onto her property. 8. REPORTS Colleyville Center Advisory Committee Minutes - August 16, 2021 Parks and Recreation Advisory Board Minutes - September 13, 2021 There was no action taken on this item. City Council Minutes December 7, 2021 City of Colleyville Page 13 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 7, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4681 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 10:01 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 21ST DAY OF DECEMBER 2021. Minutes taken and prepared by: Christine Loven, TRMC City Secretary