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HomeMy WebLinkAboutCity Council-Minutes-4/5/2022 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 Tuesday, April 5, 2022 WORKSESSION 6:15 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the April 5, 2022 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 legal issues related to the CWD Solid Waste Contract Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the potential future development of the Northern Gateway Property located at the southwest corner of SH26 and John McCain Road 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 INVOCATION: Pastor Dave Toney, Compass Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda April 5, 2022 City of Colleyville Page 2 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4713 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of April being Child Abuse Prevention Month - Mayor Richard Newton and Shellie Velasco, Chief Program Officer, Alliance for Children 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4714 4a Approval of the minutes of the regular City Council meeting of March 22, 2022 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-22-2195 Consideration of a Special Use Permit for a fence to encroach into the front yard setback on Lot 1, Block 1, Brown Addition, Colleyville, located at 5412 Pleasant Run Road, Case ZC22-002 5b Ordinance O-22-2196 Consideration of a Special Use Permit for alcoholic beverage sales for on-premise consumption on Lot 1, Block 1, Village Front Door Addition, located at 5204 Colleyville Boulevard, Case ZC22-004 5c Ordinance O-22-2197 Consideration of a Special Use Permit for a reduction in required parking on Lot 1, Block 1, Village Front Door Addition, located at 5204 Colleyville Boulevard, Case ZC22-005 5d Ordinance O-22-2198 Consideration of a zoning change from R-MF Multi-Family Residential to PUD-R Planned Unit Development - Residential zoning district for Lots 1-47, Block A, Lots 1-16, Block B, and Lots 1-24, Block C, of the Lakewood Estates, located at 1001-1029 Lakeridge Court, 4600-4613 Clearwater Court, 4701-4944 Lakewood Drive, 1000-1012 Clear Lake Court, 1001-1013 Edgewater Court, and 4700-4808 Lakeshore Court, Case ZC22-008 City Council Agenda April 5, 2022 City of Colleyville Page 3 5e Ordinance O-22-2199 Consideration of a Special Use Permit for a fence to encroach into the street side yard setback on Lot 6, Block 9, Woodbriar Estates Addition, located at 412 Briarcliff Court, Case ZC22-010 6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 6a 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 7. CITIZEN COMMENTS 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, APRIL 5, 2022 - READING AND PUBLIC HEARING - RESOLUTION R- 22-4715 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, April 1, 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 Tuesday, April 5, 2022 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, April 5, 2022, at 6:15 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of the April 5, 2022 City Council regular agenda items Mayor Newton stated item 6a is expected to remain on the table. Councilmember Dodson asked if item 5c could be considered before item 5b as he wishes to understand the parking before hearing the request for alcohol sales. Mayor Newton concurred and stated he would call item 5c before 5b. There was no further discussion and Mayor Newton adjourned the Worksession at 6:18 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 legal issues related to the CWD Solid Waste Contract Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the potential future development of the Northern Gateway Property located at the southwest corner of SH26 and John McCain Road 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 April 5, 2022 City of Colleyville Page 2 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 7:02 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 Dave Toney, Compass 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-22-4713 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 gave the following announcements: Colleyville General Election Information – The City of Colleyville will conduct a General Election on Saturday, May 7 to elect a Mayor and City Councilmembers for Places 1 and 2. While the election is not until May, there are important dates to note. The last day to apply for a ballot by mail (received, not postmarked) is Wednesday, April 20. Early and Election Day voting will be conducted at Colleyville Public Library, 110 Main Street, which is one of 44 early voting sites in Tarrant County. The City Secretary's Office is responsible for conducting all City elections. For more information about this process, call the City Secretary's Office at 817.503.1130. Fire Department – After 16 days deployed, Colleyville Fire Department is returning home from West Texas and the Eastland Complex Fire. Three pairs of personnel have staffed Medic 243 over the last few weeks standing by and City Council Minutes April 5, 2022 City of Colleyville Page 3 responding to the medical needs of those fighting the wildfires. The local citizens and firefighters alike have repeatedly expressed their appreciation for the part Colleyville Fire Department has played in protecting their safety during this incident. Personnel will rest up, maintain equipment, and train for the next opportunity to help as wildfire season rages on. We are proud of the men and women who serve the Colleyville Fire Department. Their service to others in need exemplifies the exceptionalism of our team! Library Recognized with Two Awards From Texas Library Association – The Colleyville Public Library was recently notified they are the recipient of two significant and coveted awards recognizing the Library's celebrated success with their annual Summer Reading Program. The Library has received the Texas Library Association's Branding Iron Award for its 2021 Summer Reading Program, 'Glow Crazy with Reading.' Additionally, the Texas Library Association bestowed the Benefactor Award to the Glasser Family Foundation. Since 2004, the Glaser Family Foundation has provided the Library an annual $10,000 grant used for the summer reading program and purchase of books. Officer Caught on Camera Being Exceptional – Colleyville is known to have an exceptional Police Department. However, this week the exceptionalism was caught on camera when a citizen captured a photo of Officer Smith helping push a disabled vehicle off SH26. She wrote “Kudos to this officer! He just pushed this car across 26 to help this older gentleman get out of the busy roadway. Compassion at its finest!” Thank you Officer Smith for making a difference in our City. It is wonderful to hear such great stories about the servant hearts evident in the daily efforts of our officers. Car Seat Checkup Event at Fire Station – Safe Kids North Texas is teaming up with the Colleyville Fire Department for a free car seat inspection event where nationally certified technicians will teach how to property install a child car seat. This event is free. Ballet Coming to Colleyville Plaza May 8 – For the first time ever, ballet makes a debut at the Plaza! Avant Chamber Ballet brings their exceptional live dance and chamber music production to Colleyville for this free event. Join us Sunday, May 8 from 4-5 p.m. at the City Hall Plaza. This is a great event for mom as we celebrate her special day. Colleyville Car Show April 23 – Colleyville will hold the fourth annual spring car show on April 23 in the south lot at City Hall. If you have a vintage or cool car, truck, or bike and you would like to enter, registration is now open and the forms are available on the City website or by calling 817-503-1113. There is no fee to register. Event check-in is from 7:00 to 8:30 a.m. with the show running from 9 a.m. to noon. Awards will be presented at noon. City Council Minutes April 5, 2022 City of Colleyville Page 4 Proclamation in recognition of April being Child Abuse Prevention Month - Mayor Richard Newton and Shellie Velasco, Alliance for Children Mayor Newton welcomed Shellie Velasco, Chief Program Officer, Alliance for Children. Ms. Velasco explained Alliance for Children coordinates and locates in one place, all programs for children who are victims of violence. She thanked the Police Department, Mayor, and City Council for their support. Mayor Newton presented a proclamation recognizing April as Child Abuse Prevention Month and asked every citizen to work toward eradicating child abuse. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22- 4714 4a Approval of the minutes of the regular City Council meeting of March 22, 2022 Mayor Newton read Resolution R-22-4714 in its entirety. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 7:44 p.m. Councilmember Wheat made a motion to approve Resolution R-22-4714, seconded by Councilmember Dodson. The motion to approve passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-22-2195 Consideration of a Special Use Permit for a fence to encroach into the front yard setback on Lot 1, Block 1, Brown Addition, Colleyville, located at 5412 Pleasant Run Road, Case ZC22-002 Mayor Newton read the caption of Ordinance O-22-2195. Community Development Director Ben Bryner presented this item stating the request is for a Special Use Permit (SUP) for a wooden rail fence up to 52 inches in height to encroach into the front yard setback. Director Bryner noted the property is zoned R-10 and the Land Development Code does allow the applicant to seek an SUP for a front yard fence. City Council Minutes April 5, 2022 City of Colleyville Page 5 Councilmember Dodson asked why the property was zoned R-10, stating he would prefer the property to have R-40 zoning. Director Bryner stated as the other properties in this area developed, the R-10 zoning was designated and if the property had R-40 zoning, and exemption would still be required. Mayor Newton stated he has been consistent with the view a variance is only required when there are no other options available to the property owner. Mayor Newton said in this case, he believes this criteria is met by the other fences adjacent to the property, however, he would like to see the zoning on the property match the large lot size. Mayor Newton asked the applicant to come forward to answer questions of the Council. Mayor Newton asked applicant Bruce Crandall, 5412 Pleasant Run Road, if he would be willing to rezone the property before the SUP would be approved. Mr. Crandall asked what was involved and Mayor Newton explained the zoning process, but it would take three meetings (one before the Planning and Zoning Commission in April, and two before the City Council in May), but the City would make the process easy. Councilmember Wheat asked Mayor Newton if the City would waive the application fee. Mayor Newton stated the fee would be waived and he wants to see R-30 zoning. Mr. Crandall agreed to move forward with the rezoning request and explained he had bought the property 20 years ago and the since that time, the lots to the side and behind him had developed. Councilmember Kelley requested when the fence it built, he would like the fence height to be consistent with the neighbors to the north. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 7:59 p.m. This was a first reading and no action was taken. Mayor Newton moved to item 5c at 7:59 p.m. and returned to item 5b at 8:06 p.m. 5b Ordinance O-22-2196 Consideration of a Special Use Permit for alcoholic beverage sales for on- premise consumption on Lot 1, Block 1, Village Front Door Addition, located at 5204 Colleyville Boulevard, Case ZC22-004 Mayor Newton read the caption of Ordinance O-22-2196. City Council Minutes April 5, 2022 City of Colleyville Page 6 Community Development Director Ben Bryner presented this item, noting the SUP for alcoholic beverage sales for on-premise consumption is for the Zafiros Mexican Grill y Cantina Restaurant, which was discussed during item 5c. Director Bryner reviewed the requirements of the Code of Ordinances and noted the location is compliant with the distance requirements of the Code of Ordinances. Councilmember Dodson asked if fencing is required on the patio. Director Bryner stated the applicant would like to speak. Joe Murphy, 4100 Wellington Drive, applicant, stated a wrought iron gate is required by the Texas Alcohol and Beverage Commission. Mr. Murphy stated if all goes according to plan, he hopes to open in mid to late July. There were no other questions. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 8:11 p.m. This was a first reading and no action was taken. Mayor Newton moved to item 5c at 7:59 p.m. and returned to item 5b at 8:06 p.m. 5c Ordinance O-22-2197 Consideration of a Special Use Permit for a reduction in required parking on Lot 1, Block 1, Village Front Door Addition, located at 5204 Colleyville Boulevard, Case ZC22-005 Mayor Newton read the caption of Ordinance O-22-2197. Community Development Director Ben Bryner presented this item, which seeks approval of a Special Use Permit to allow for a reduction in parking. Director Bryner stated Zafiros Mexican Grill y Cantina proposed to open a restaurant in the former doctor’s office at the intersection of Mission Lane and Colleyville Boulevard. The parking ratio for a restaurant is one space per 100 square feet. The proposed restaurant is 6,909 square feet, which would require 69 spaces. Director Bryner noted the restaurant is adjacent to the Village which as public parking, both on- street and within public parking area. Councilmember Dodson asked is the parking ratio calculation included the kitchen area and if the on-street parking spaces were dedicated. Director Bryner stated the kitchen is used in the calculation and the on-street spaces were not dedicated. Mayor Pro Tem Lindamood stated he has calculated the distance from the restaurant to the nearby church is 400+ feet and believes the restaurant will be a nice addition. City Council Minutes April 5, 2022 City of Colleyville Page 7 There were no other questions. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 8:06 p.m. This was a first reading and no action was taken. 5d Ordinance O-22-2198 Consideration of a zoning change from R-MF Multi-Family Residential to PUD-R Planned Unit Development - Residential zoning district for Lots 1- 47, Block A, Lots 1-16, Block B, and Lots 1-24, Block C, of the Lakewood Estates, located at 1001-1029 Lakeridge Court, 4600-4613 Clearwater Court, 4701-4944 Lakewood Drive, 1000-1012 Clear Lake Court, 1001- 1013 Edgewater Court, and 4700-4808 Lakeshore Court, Case ZC22-008 Mayor Newton read the caption of Ordinance O-22-2198. Community Development Director Ben Bryner presented this item, which is a request for the entire subdivision of Lakewood Estates to zone from R-MF Multi- Family Residential to PUD-R Planned Unit Development. Mayor Newton stated this zoning request was unusual because this is an existing subdivision however, if the R-MF zoning was left in place, there is a possibility if there was redevelopment with the subdivision, a multi-family structure would be allowed on the property. There was general discussion regarding setbacks, and restrictions for out buildings and pergolas. Councilmember Wheat stated this zoning change would not negatively impact any property. City Manager Ducay agreed and restated the purpose of the request. Applicant Chris Hawkins, representing the Lakewood Estates HOA, gave a brief overview of the subdivision and thanked the staff and City Manager Ducay for working with him and getting this project on track. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 8:24 p.m. This was a first reading and no action was taken. 5e Ordinance O-22-2199 Consideration of a Special Use Permit for a fence to encroach into the street side yard setback on Lot 6, Block 9, Woodbriar Estates Addition, located at 412 Briarcliff Court, Case ZC22-010 Mayor Newton read the caption of Ordinance O-22-2199. City Council Minutes April 5, 2022 City of Colleyville Page 8 Community Development Director Ben Bryner presented this item and stated the applicant had previously requested a Special Use Permit for a pergola and pool to encroach into the street-side-yard setback. With the former request, it was determined the fence currently in place, was replaced without approval or a permit and City Council determined the fence must be addressed first and tabled the SUP for the pergola and pool. Director Bryner stated this SUP is a request for an eight- foot wood fence to encroach into the street side yard setback located on the property line and approximately ten feet from the burb for Oakbriar Lane. Councilmember Dodson asked staff if the fence is on the property line; and how far it is located from the street. Director Bryner stated the fence is on the property line and approximately 12 feet from the street. He concurred when Councilmember Dodson stated 15 feet would be in line with the house. Mayor Newton stated in his opinion, there is no other argument; the fence should be at 15 feet, in line with the house. Mayor Newton asked Director Bryner is the pool and pergola could be located at the back of the lot. Director Bryner replied there are several trees on the lot. Mayor Newton stated he is willing to discuss the 15 feet and asked the applicant to come forward. Applicant Shelly Horton, 412 Briarcliff, came forward at the request of City Council. Ms. Horton explained the additional fence was erected for security of her screened in porch, noting she had a break in at her home. There was discussion between Ms. Horton and City Council regarding the legality of the fence and her interaction with City staff. Mayor Newton and City Manager Ducay stated the fence must be dealt with, explained the rules, and noted Council must enforce the rules for all to abide by, which is to require the fence to be 15 feet off the property line, at the house build line. Councilmember Wheat stated she felt requiring the fence to be moved is onerous on the homeowner and allowing the difference is warranted. Mayor Pro Tem Lindamood stated agreement with Councilmember Wheat; however, he noted he is not in agreement with the pergola and pool. Mayor Newton opened the public hearing at 8:56 p.m. Lisa Polk, 3813 Oak Briar Lane, spoke in favor of this item, stated Ms. Horton is a good neighbor, and she has worked continuously to improve her property. Ms. Polk stated she felt City Council was being difficult as the fence has always been in the same location. City Council Minutes April 5, 2022 City of Colleyville Page 9 There were no others wishing to speak and Mayor Newton closed the public hearing at 9:08 p.m.. This was a first reading and no action was taken. 6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 6a 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 This item remained tabled. 7. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive N, thanked the Mayor and City Council for Colleyville being a Tree City USA, providing transparency in local government, and regarding her concerns with the vacant property on her street. George Bond, 3104 St. Albans Circle, discussed his volunteerism in Colleyville since 2015, noting he has served on the Historical Preservation Committee and the Planning and Zoning Commission. He stated he is running for City Council and a Republican Club Forum April 6, with the candidates for all local seats being invited. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, APRIL 5, 2022 - READING AND PUBLIC HEARING - RESOLUTION R- 22-4715 This resolution was not needed. 9. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 9:26 p.m. APPROVED BY A VOTE OF 5 AYES, 0 NAYS, ON THIS THE 19TH DAY OF APRIL 2022. Minutes taken and prepared by: Christine Loven, TRMC City Secretary