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HomeMy WebLinkAboutCity Council-Minutes-3/2/2022 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 Wednesday, March 2, 2022 RIBBON CUTTING - 5:30 P.M. LOOK CINEMA 5655 COLLEYVILLE BOULEVARD THERE WILL BE NO WORKSESSION EXECUTIVE SESSION 6:45 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL 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: The Heather Nicole Bowden Trust Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the CWD Solid Waste Contract 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 March 2, 2022 City of Colleyville Page 2 INVOCATION: Pastor Paul Daniels, Colleyville Covenant 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-22-4701 3.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of City, civic and charitable events Announcements of awards and recognition In recognition of the Business of the Month - House of Daisies Jenny + Co. 97 Village Lane - Marybeth McIntyre, House of Daisies, and Jenny Flanagan, Jenny + Co. and Mayor Richard Newton 4.CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4702 4a Approval of the minutes of the regular City Council meeting of February 15, 2022 5.ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-22-2193 Consideration of a Special Use Permit for an accessory building to encroach into the street side yard setback on Lot 6, Block 9, Woodbriar Estates Addition, located at 412 Briarcliff Court, Case ZC21-036 5b Ordinance O-22-2194 Consideration of a zoning change from PUD-C Planned Unit Development-Commercial district to PUD-C Planned Unit Development- Commercial district, specifically for a restaurant with drive-in or drive- thru service, for Tract 2C03, Abstract 206, BBB & C RY Survey, located at 4917 Colleyville Boulevard, Case ZC22-001 6.TABLED ORDINANCE(S): READING AND PUBLIC HEARING 6a Ordinance O-22-2192 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a zoning change from PUD-C Planned Unit Development-Commercial district to PUD-C Planned Unit Development- Commercial district, specifically for a senior living facility, for Lots 1 and 2, Block A, Heritage Farms, located at 913 Cheek-Sparger Road and 3808 Wayne Drive, Case ZC21-037 City Council Agenda March 2, 2022 City of Colleyville Page 3 7.CITIZEN COMMENTS 8.REPORTS Colleyville Library Board Minutes - December 13, 2021 Planning and Zoning Commission Minutes - January 10, 2022 Planning and Zoning Commission Worksession Minutes - January 24, 2022 9.ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR WEDNESDAY, MARCH 2, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22-4703 10.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, February 25, 2022 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 Wednesday, March 2, 2022 Mayor Richard Newton called the Colleyville City Executive Session to order on Wednesday, March 2, 2022, at 6:50 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. 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: The Heather Nicole Bowden Trust Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the CWD Solid Waste Contract 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 7:20 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. City Council Minutes March 2, 2022 City of Colleyville Page 2 INVOCATION: Pastor Paul Daniels, Colleyville Covenant 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-22-4701 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: A Time to Heal Event Welcomes 200+ Participants – the City of Colleyville and the Ministerial Alliance Colleyville Strong event to remember the tragic terrorist event at Congregation Beth Israel and the answered prayers that brought this event to a positive conclusion welcomed 200 attendees providing an evening of fellowship and celebration of Colleyville’s diversity. This event, and the outpouring of support for our community, was yet another example of the exceptionalism of Colleyville. Department Recognized by Secretary Mayorkas – The Colleyville police and fire department was recognized by the US Secretary of Homeland Security Alejandro Mayorkas for the partnership displayed during the Congregation Beth Israel terror attack. It is wonderful to see our Colleyville departments recognized by the Secretary. We are fortunate to have a strong relationship with our federal law enforcement partners. NEFDA Selects Chief Cantrell as President – Fire Chief Mark Cantrell has recently been elected President of the Northeast Fire Department Association (NEFDA). NEFDA is a group of fourteen departments in the region who have come together to consolidate resources for the benefit of our individual communities. This group aids in standardizing training and tactics among the area departments, as well as cooperatively operating specialized resources such as technical rescue and hazardous materials response assets. LOOK Cinemas to Open March 3 – a ribbon cutting event welcoming LOOK Cinemas to the former Studio Movie Grill theater location was held March 2. The theater officially opens March 3, with the premier of the new Batman movie. Clean Sweep Gets New Location and New Feature – March 5, 2022 - This year's event will be held at the south parking lot of City Hall and will also include a City Council Minutes March 2, 2022 City of Colleyville Page 3 community clean-up feature. The event will include the classic five stations: Crud Cruiser, electronics recycling, document shredding, bulk/brush trash, and tire recycling. This drop off service will run from 9-11 a.m. The event is free to Colleyville residents with proof of residency. For residents and volunteer groups looking to participate in a community clean up, the event will provide a volunteer check in between 8–9 a.m. At that time volunteers will be provided packet/gear (garbage bags, vests, grabbers) and assigned an area to clean. After the cleanup, an event at 11 a.m. lunch, refreshments, and family activities (planting stations and games) are available. Parking will be available behind City Hall. When it Comes to Quality, the SIGNS are Everywhere – The entry sign on the SW corner of Hall-Johnson and Pool Road is getting some much-needed attention. The Colleyville sign has been power washed and a new landscape wall has been installed. Landscape material will be planted next week, if the weather allows. Once the enhancements are compete at Hall-Johnson, we will be moving to the entry sign on the southbound side of Pool Road near Ross Downs. Finally, beautification efforts will proceed to Glade Road (near the Nature Center) where another entry sign will be enhanced. Junior Anglers Event April 2 – Enjoy a great day of free fishing for the family at a freshly stocked pond in the Colleyville Nature Center. Prizes will be awarded for catches for children 16-and-under. Poles and bait will be available, if needed. No pre-registration required. Free trees and Arbor Day t-shirts, while supplies last. Bunny Brunch and Lunch – The annual Colleyville Bunny Brunch and Lunch will be held April 9 at the Colleyville Center. Tickets go on sale March 7. In recognition of the Business of the Month - House of Daisies Jenny + Co. 97 Village Lane - Marybeth McIntyre, House of Daisies, and Jenny Flanagan, Jenny + Co. and Mayor Richard Newton Mayor Newton and Assistant City Manager Mark Wood welcomed Marybeth McIntyre, House of Daisies, and Jenny Flanagan, Jenny & Co. and recognized their business at 97 Village Lane as the Business of the Month. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4702 4a Approval of the minutes of the regular City Council meeting of February 15, 2022 Mayor Newton read Resolution R-22-4702 in its entirety. There was no discussion. There were no speakers and Mayor Newton opened and closed the public hearing at 7:47 p.m. City Council Minutes March 2, 2022 City of Colleyville Page 4 Councilmember Kelley made a motion to approve Resolution R-22-4702 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. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-22-2193 Consideration of a Special Use Permit for an accessory building to encroach into the street side yard setback on Lot 6, Block 9, Woodbriar Estates Addition, located at 412 Briarcliff Court, Case ZC21-036 Mayor Newton Read the caption of Ordinance O-22-2193. Community Development Director Ben Bryner presented the item, a request for approval of an SUP to allow a 300 square foot patio cover to encroach into the required street side yard setback a distance of five feet from the property line. Director Bryner presented exhibits of the pergola. He also presented photos, which indicated the fence had been replaced and expanded in 2019 without a permit. Director Bryner stated the applicant was contacted and made aware of this and staff is working on an SUP for the fence, which will go before the Planning and Zoning Commission in late March. There was general discussion regarding the location of the fence and its relocation. Director Bryner stated portions of the replacement fence were located where originally built however; it was expanded and portions moved to the property line. Following discussion, Mayor Newton stated there are several issues with this property; this SUP before the Council tonight is for the pergola, but if the pergola was approved, there are still several variances, which would have to come forth to actually have the whole project come to fruition. Director Bryner and the City Manager agreed. Mayor Newton stated it does not make sense to him to consider each item separately. Councilmember Wheat asked if the item could be tabled and brought back with everything included. Councilmember Dodson suggested denying the ordinance and bringing back a new ordinance with all items addressed. Mayor Pro Tem Lindamood was in favor of tabling the ordinance and providing time for all items to be included. Mayor Newton opened the public hearing at 7:59 p.m. City Council Minutes March 2, 2022 City of Colleyville Page 5 Applicant Shelly Horton, 412 Briarcliff, came forward and asked the Council if she should make a presentation or if they were going to table the ordinance. Mayor Newton stated he felt the right thing to do is table the ordinance and allow time to get everything together. Mayor Newton stated the issues associated with this item are all variances. In his opinion, a variance is only for the purpose of dealing with something the owner cannot really control. He feels in this case, the applicant has options and will need to decide what is wanted. Vince Chapman, DFW Custom Pools, advised he is available to present the case and stated all conditions have been met, up until the variance change two years ago. Mayor Newton explained how this is not the case and City Manager Ducay clarified. There was further explanation regarding the requirements for a side yard setback. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:08 p.m. Councilmember Dodson made a motion to table Ordinance O-22-2193, seconded by Councilmember Rigney. The motion to table was approved by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 5b Ordinance O-22-2194 Consideration of a zoning change from PUD-C Planned Unit Development - Commercial district to PUD-C Planned Unit Development - Commercial district, specifically for a restaurant with drive-in or drive-thru service, for Tract 2C03, Abstract 206, BBB & C RY Survey, located at 4917 Colleyville Boulevard, Case ZC22-001 Mayor Newton read the caption of Ordinance O-22-2194. Community Development Director Ben Bryner presented this item to rezone from PUD-C Planned Unit Development-Commercial district to PUD-C Planned Unit Development-Commercial district to allow for a 1,776 sf. drive-thru iced-tea shop. Director Bryner reviewed regulations in the proposed ordinance, which would differ from the requirements in the Land Development Code. The differences include permitted uses being subject to the CC-1 Village Retail uses, allowance for a drive- thru, 20’ of landscaping along Colleyville Boulevard, request for minimal landscaping, horizontal and vertical articulation of all elevations vary from Chapter City Council Minutes March 2, 2022 City of Colleyville Page 6 6 requirements, 13 proposed parking spaces, and the maximum impervious coverage to vary from the CC-1 Village Shopping Center district. Applicant Brad Williamson, 13711 Alyssum Lane, Amarillo, came forward to answer questions of the City Council. There was general discussion of the products offered at the store, the staging of vehicles, the number of stores, and the HTeaO community give back program, where HTeaO gives 2% of the sales back to the local community. Mr. Williamson stated the architect has already adjusted the vertical and horizontal articulation. Councilmember Wheat requested the new renderings. Mayor Newton asked staff if the business leaves, does the drive-thru go away. Director Bryner stated yes. As there was no one wishing to speak, Mayor Newton opened and closed the public hearing at 8:39 p.m. This was a first reading; therefore, Council did not take action. 6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 6a Ordinance O-22-2192 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a zoning change from PUD-C Planned Unit Development-Commercial district to PUD-C Planned Unit Development- Commercial district, specifically for a senior living facility, for Lots 1 and 2, Block A, Heritage Farms, located at 913 Cheek-Sparger Road and 3808 Wayne Drive, Case ZC21-037 Councilmember Dodson made a motion to remove Ordinance O-22-2192 from the table, seconded by Councilmember Nakamura. The motion to remove the ordinance from the table was approved with the following vote. Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Mayor Newton read the caption of Ordinance O-22-2192. Mayor Newton asked if the applicant was present. There being no applicant or representative present, Mayor Newton stated this item was removed from the table because the City Council has not received any information for the applicant on how they plan to move forward and this request has been presented before in a similar form. City Council Minutes March 2, 2022 City of Colleyville Page 7 Mayor Newton stated there was a February 27, 2022 article in the Dallas Morning News, headlined “Financial Cloud Sits Over Senior Community” and addressed the financial struggles of the Edgemere retirement community in Dallas. He stated the proposed business in this zoning application is structured very similarly to the Edgemere retirement community in its business operation and in its funding structure. Mayor Newton stated when the proposed facility first came before Council, the Council asked a lot of questions and received a lot of information regarding how the facility would be operated and financed. He stated he would not take up a lot of time to explain, as the applicant is not present, however the article addresses some of the real concerns Council has had regarding this facility. He said he would like to see this item move forward with the Council questions responded to, or it gets to a point where Council can again take action. Councilmember Dodson noted the article highlights the prepayment required to enter into a facility of this nature is one half to one million dollars and monthly rental averages between $7-9,000. Mayor Pro Tem Lindamood implored others to read the article as many of the Council’s concerns are addressed there. Mayor Newton opened the public hearing at 8:44 p.m. Jason Finch, 3721 Woodmont Court, Bedford, has submitted a speaker card, but stated he will wait and speak at the next meeting. Mayor Newton closed the public hearing at 8:45 p.m. This was a first reading; therefore, Council did not take any action. 7. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive North, spoke regarding concerns for her property due to a home being built next door. She thanked the City Council for their work and asked everyone to pray for Ukraine. George Bond, 3104 St. Albans Circle, provided a history of his service to the City, announced he is running for City Council, and told the City Council what they do is important. Sayeda Syed, 6307 Sapphire Circle, stated an article in Wallet Hub noted Colleyville is ranked 23 in the nation and the highest in Texas for citizens with the highest credit score. She thanked the Council and stated she is very proud of the City Council and the City’s policies. City Council Minutes March 2, 2022 City of Colleyville Page 8 8. REPORTS Colleyville Library Board Minutes - December 13, 2021 Planning and Zoning Commission Minutes - January 10, 2022 Planning and Zoning Commission Worksession Minutes - January 24, 2022 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR WEDNESDAY, MARCH 2, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22-4703 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 8:56 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 22ND DAY OF MARCH 2022. Minutes taken and prepared by: Christine Loven, TRMC City Secretary