Loading...
HomeMy WebLinkAboutCity Council-Minutes-7/19/2022 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, July 19, 2022 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Discussion of the Central Fire Station Signage WS-2 Discussion of Fire shift changes WS-3 Discussion of the implementation of the Drainage Utility Fees WS-4 Discussion of the City's signs and electioneering regulations WS-5 Discussion of the July 19, 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 the 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 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the Public Works Director 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 City Council Agenda July 19, 2022 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Amy Goble, Children's Pastor, Bear Valley Community 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-22-4749 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4750 4a Approval of the minutes of the regular City Council meeting of July 6, 2022 4b Authorizing the City Manager to approve an easement and right of way for a 1,021 square foot (0.023 acre) tract of land situated in the S.C.H. Witten Survey, Abstract No. 1740, City of Colleyville, Tarrant County, Texas; said tract being part of Lot 1, Block 1 of Pleasant Glade Assembly of God Addition, an addition to the City of Colleyville, recorded in Cabinet A, Slide 179 of the Official Public Records of Tarrant County, Texas, to Oncor Electric Delivery Company, LLC; in conjunction with the Senior Center Renovation Project 4c Approval of the first amended and restated contract with Community Waste Disposal for an additional three year term 4d Appointing _________ Chair, and _______ Vice Chair of the Tax Increment Finance District Board of Directors for the 2022-2023 year 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - June 2022 City Council Agenda July 19, 2022 City of Colleyville Page 3 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-22-2209 Approval of the Fiscal Year 2023 Colleyville Crime Control and Prevention District budget 6b Ordinance O-22-2210 Approval of the Roadway, Water, and Wastewater Land Use Assumptions, Capital Improvement Plans, and Impact Fees in accordance with Chapter 395 of the Texas Local Government Code 6c Ordinance O-22-2211 Consideration of a zoning change from AG Agricultural and RE Single Family 'Estate' Residential to PUD-R Planned Unit Development- Residential zoning district for Tract 1B, Abstract 1487, O C Sturm Survey, Tracts 2A01, 2A01B, 2A07A, and 2A07A1, Abstract 1748, James E. Weathers Survey, Lots 1 and 1A, Block 1, K Bar G Estates Addition, Lot 1A, Block 1, Westcoat Estates, and Lots 1A2, 1B, and 1C, Block 1, Hilley Addition, located at 6401, 6405, 6409, 6417, 6501, 6507, and 6605 Westcoat Drive, Case ZC22-020 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-22-2206 Consideration of a zoning change from AG Agricultural to R-40 Single Family Residential zoning district for Tract 1B and 1G, Abstract 798, Joseph H. Harrell Survey, located at 805 Murphy Road, Case ZC22-021 7b Ordinance O-22-2207 Consideration of a zoning change from R-40 Single Family Residential to R-30 Single Family Residential zoning district for Lots 2 and 3, Block 3, Stafford Heights Subdivision, located at 4801 and 4809 Manning Drive, Case ZC22-023 7c Ordinance O-22-2208 Consideration of a zoning change from R-40 Single Family Residential to R-30 Single Family Residential zoning district for Lot 15 W1/2, Block 1, Wescoat Place Addition, located at 6105 Bettinger Drive, Case ZC22- 024 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-22-4751 A resolution adopting the City Council Rules of Procedure City Council Agenda July 19, 2022 City of Colleyville Page 4 9. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 9a Resolution R-22-4745 Consideration of a replat with a plat waiver for lot size for Lot 15R1, Block 1, Wescoat Place Addition, being Lot 15 W1/2, Block 1, Wescoat Place Addition, located at 6105 Bettinger Drive, Case PC22-008 10. CITIZEN COMMENTS 11. REPORTS Planning and Zoning Commission Minutes - June 13, 2022 Sign Board of Appeals Minutes - June 14, 2022 Planning and Zoning Commission Worksession Minutes - June 27, 2022 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JULY 19, 2022 - READING AND PUBLIC HEARING - RESOLUTION R- 22-4752 13. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, July 15, 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, July 19, 2022 Mayor Pro Tem Kathy Wheat called the Colleyville City Council Worksession to order on Tuesday, July 19, 2022, at 5:30 p.m. ROLL CALL: Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, George Dodson, Chuck Kelley, and Callie Rigney. ABSENT: Mayor Bobby Lindamood 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, City Engineer/Interim Public Works Director Larry Wright, Parks and Recreation Director Lisa Escobedo, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of the Central Fire Station Signage Assistant City Manager Adrienne Lothery presented this item. The City Council directed staff to investigate enlarging the lettering for Richard Newton, moving the Central Fire Station lettering lower, and speaking with former Mayor Newton regarding adding a title to the sign. WS-2 Discussion of Fire shift changes Fire Chief Mark Cantrell presented this item and answered questions of the City Council. The City Council thanked Fire Chief Cantrell for his thorough research and explanation of the current shifts and anticipated benefits of the new schedule. City Council is in agreement with the Fire Department transitioning to 48/96 hour shifts from the 24/48 hour shifts. The change will go into effect in late September 2022. WS-3 Discussion of the implementation of the Drainage Utility Fees City Engineer/Interim Public Works Director Larry Wright presented this item, explaining the four options for City Council review and direction to staff. Following discussion of all options, City Council agreed Option 2 with an annual increase to rates would be preferred and would provide for communication and explanation to the public, while preparing the City to move forward with the adoption of a Storm Water Master Plan, and update to the Storm CIP Plan based on new revenue. City Council Minutes July 19, 2022 City of Colleyville Page 2 WS-4 Discussion of the City's signs and electioneering regulations City Attorney Whitt Wyatt stated there have been numerous changes to state and federal laws regarding political signs. He stated these changes make it difficult to enforce the City’s Electioneering Resolution. It was agreed the City Attorney would work with City staff to update the electioneering resolution and the Land Development Code to reflect the changes and make the regulations consistent with state and federal regulations. WS-5 Discussion of the July 19, 2022, City Council regular agenda items Mayor Pro Tem Wheat stated the order of the agenda would change tonight to allow the Council to efficiently conduct the business listed and allow time for everyone to speak on the Greystone Manner item 6c. Mayor Pro Tem Wheat stated 6c would be moved under item 10, Citizen Comments. Mayor Pro Tem Wheat adjourned the Worksession at 6:17 p.m. and opened Executive Session. 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 the 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 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the Public Works Director 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 City Council Minutes July 19, 2022 City of Colleyville Page 3 There was no action taken and Mayor Pro Tem Wheat adjourned Executive Session at 7:10 p.m. Mayor Pro Tem Wheat called the regular meeting of the City Council to order at 7:34 p.m. and called the roll. ROLL CALL: Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, George Dodson, Chuck Kelley, and Callie Rigney. ABSENT: Mayor Bobby Lindamood INVOCATION: Councilmember George Dodson PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt Mayor Pro Tem Wheat announced item 6c – Ordinance O-22-2211 will be moved toward the end of the agenda, following item 10 – Citizen Comments, and item 7b – Ordinance O-22-2207 will be tabled. 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4749 Mayor Pro Tem Wheat read Resolution R-22-4749 in its entirety. Assistant City Manager Mark Wood explained the City is in receipt of a Letter of Intent (LOI) for the purchase of the Southern Gateway property. This resolution provides for the City Council to authorize the City Manager to negotiate and execute a non-binding LOI to sell to the Woodmont Company for the purpose of redevelopment, which was always the City’s intent. The acreage of the properties combined is 5.8856, which the City purchased for $2.544 million and Woodmont is offering $3 million. Councilmember Dodson asked if the City would be able to receive further details of the type of development planned, if the purchase goes through. Manager Wood stated yes, the City will continue to be involved in the development process and this is only approving the LOI, either party can back out. There were no speakers and Mayor Pro Tem Wheat opened and closed the public hearing. Councilmember Dodson made a motion to approve Resolution R-22-4749, seconded by Councilmember Rigney. The motion to approve passed by the following vote: City Council Minutes July 19, 2022 City of Colleyville Page 4 Ayes: 6 – Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Absent: 1 - Mayor Lindamood 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Pro Tem Wheat explained Mayor Lindamood was not feeling well and read comments from the Mayor regarding the meeting. Mayor Pro Tem Wheat and the City Councilmembers made the following announcements. Sales Tax is UP, Yet Again – The Texas Comptroller’s Office has posted the latest sales tax receipts for July, representing all receipts from purchases made in May of this year. The most recent collection came in at 15% over May of 2021. This puts our total fiscal year-to-date increase at 9.8%, making for a total dollar gain of $594,000 through the eighth month of this year. With four months left of the fiscal year, it is becoming increasingly probable the City will net over $10 million in collections this year. That is outstanding considering that right before any of us took office the City only collected $6.7 million per year! That is nearly a 50% growth in sales tax over the last six and one-half years. Mayor Lindamood Provides Video Update – If you missed the initial video release last week, please take a few minutes to watch Mayor Lindamood's first Mayor’s Message video update. In this feature, Mayor Lindamood discusses the City Council's direction regarding school resource officers. This topic is a top priority of this council and the video does a good job outlining the process underway to ensure school safety. The video is available on the City’s social media and at Colleyville.com. Colleyville Fire Department Awarded Gold Plus Designation – The Colleyville Fire Department has been recognized by the American Heart Association as a Gold Plus provider for EMS. The department is part of an elite group of prehospital providers recognized by the American Heart Association for commitment and success in implementing a higher standard of care, by ensuring every patient receives treatment according to nationally accepted evidence-based guideline recommendations and standards. At a future meeting, we will formally recognize this award. Dinosaur George Coming to Colleyville Center – The Colleyville Center is traveling back in time, welcoming the Dinosaur George Traveling Museum. Mark your calendars for this special one-day event, where the Colleyville Center will be City Council Minutes July 19, 2022 City of Colleyville Page 5 transformed into a natural history museum complete with an astonishing display of dinosaur skulls. The museum is one of the largest traveling prehistoric exhibits in North America and will be open 9:00 a.m. to 6:00 p.m. on Thursday, July 21. The museum is part of the Library's Read Y'all! Summer Reading Program and is open to the public. The event is free and no registration is required. Tarrant County Accepting Small Business Grant Applications – Tarrant County Commissioners Court has allocated $25 million in federal funds to help small businesses adversely affected by the pandemic. Approval of the Small Business Workforce Recovery Grant Program is intended to help businesses with workforce recovery, retention, recruitment, and training and development. The grant application process runs through August 31, or until funds are depleted. Grants of up to $27,500 will be awarded to businesses and nonprofits based on eligibility and the number of employees. For more information visit www.tarrantcounty.com/recovery. Gift Cards Come In Many Colors – Check your mail, you should have received a second RED Colleyville Gift Card. The previously mailed BLUE card and the recently sent RED card can be redeemed at a local business in the month of July. Let’s show our Colleyville businesses some love this summer by using our $35 gift cards! 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4750 4a Approval of the minutes of the regular City Council meeting of July 6, 2022 4b Authorizing the City Manager to approve an easement and right of way for a 1,021 square foot (0.023 acre) tract of land situated in the S.C.H. Witten Survey, Abstract No. 1740, City of Colleyville, Tarrant County, Texas; said tract being part of Lot 1, Block 1 of Pleasant Glade Assembly of God Addition, an addition to the City of Colleyville, recorded in Cabinet A, Slide 179 of the Official Public Records of Tarrant County, Texas, to Oncor Electric Delivery Company, LLC; in conjunction with the Senior Center Renovation Project 4c Approval of the first amended and restated contract with Community Waste Disposal for an additional three year term 4d Appointing Bobby Lindamood Chair, and George Dodson Vice Chair of the Tax Increment Finance District Board of Directors for the 2022-2023 year Mayor Pro Tem Wheat read Resolution R-22-4750 in its entirety. Parks and Recreation Director Lisa Escobedo presented item 4b. Councilmember Dodson restated the electric would be moved underground. Director Escobedo City Council Minutes July 19, 2022 City of Colleyville Page 6 agreed and stated this will also allow for water lines and communication cables, to be placed underground. Assistant City Manager Adrienne Lothery presented item 4c, recapping the current program and costs, and explaining the contract changes for services and rates. Mayor Pro Tem Wheat stated CWD has worked with the City on rates and programs, and the effort if very appreciated. There was no discussion regarding 4d. There were no speakers and Mayor Pro Tem Wheat opened and closed the public hearing. Councilmember Dodson made a motion to approve Resolution R-22-4750, seconded by Councilmember Kelley. The motion to approve passed by the following vote: Ayes: 6 – Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Absent: 1 - Mayor Lindamood 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - June 2022 Finance Director Kyle Lester provided a full review of the June 2022 Financial Report. Through June, the General Fund has collected $23.8 million in revenue and spent 74%, or over $18.5 million, of its budgeted expenditures. Director Lester stated from a cash-flow standpoint, the General Fund is in a similar position as last year, driven primarily by the higher revenue from franchise taxes, ambulance revenues and other service charges, and insurance/settlement payments recorded as miscellaneous revenue. Sales tax continues to do well, with 9.8% growth over the previous year. Expenses are up significantly from last June, mostly due to one extra pay period in June of 2022. Director Lester stated the City's latest sales tax collections were a continuation of high gains, with a 15% increase over June of 2021. To date, this puts the City's total gain at 9.8%, or almost $600,000, over the previous fiscal year. Furthermore, administrative audit adjustments were minimal, meaning this increase is reflective of continued growth in economic activity as opposed to adjustments from the comptroller's office. Director Lester concluded the report by providing highlights of all funds. City Council Minutes July 19, 2022 City of Colleyville Page 7 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-22-2209 Approval of the Fiscal Year 2023 Colleyville Crime Control and Prevention District budget Mayor Pro Tem Wheat read the caption of Ordinance O-22-2209. Police Chief Michael Miller reviewed the requests in the FY2023 budget, noting the budget was brought before the City Council during a Colleyville Crime Control and Prevention District Board Worksession and again at the Board Meeting conducted earlier in June and July. There was no discussion on this item. Mayor Pro Tem Wheat opened the public hearing. Matt Foust, 5601 Oak Top Drive, thanked Chief Miller and the department for their exceptional work and said it wasn’t until he took the Citizens Police Academy he understood how much the Chief and officers give to the community. Mr. Foust said he is happy to see we are protecting our children and planning to fully-fund the School Resource Officers (SROs), believing this is a fantastic solution to fund through the CCCPD. Mr. Foust stated he hopes Colleyville continues to lead and all the others follow. There were no other speakers and Mayor Pro Tem Wheat closed the public hearing. This was a first reading and no action was taken. 6b Ordinance O-22-2210 Approval of the Roadway, Water, and Wastewater Land Use Assumptions, Capital Improvement Plans, and Impact Fees in accordance with Chapter 395 of the Texas Local Government Code Mayor Pro Tem Wheat read the caption of Ordinance O-22-2210. City Engineer/Interim Public Works Director Larry Wright presented this item, giving a review of the recommendations of the Capital Improvements Advisory Committee (CIAC) to recommend the maximum for both roadway service areas and 50% for water and wastewater. Engineer/Director Wright reviewed the history of the item coming before Council in October 2021 and June 2022 and gave a brief overview of the data presented and the impact fee calculation. Councilmember Dodson stated it is important to address the fees every five years and not wait until ten years has passed. He stated the consultant did not review all City Council Minutes July 19, 2022 City of Colleyville Page 8 the data correctly the first time and had to go back and look at every parcel before bringing the item back to City Council. There were no speakers and Mayor Pro Tem Wheat opened and closed the public hearing. This was a first reading and no action was taken. This item was moved down in the agenda to follow Citizens Comments. Mayor Pro Tem Wheat declared a recess at 9:34 p.m. and reconvened at 9:45 p.m. At 11:53 p.m., Mayor Pro Tem Wheat polled the City Council for a vote to continue beyond midnight. All voted to continue. 6c Ordinance O-22-2211 Consideration of a zoning change from AG Agricultural and RE Single Family 'Estate' Residential to PUD-R Planned Unit Development- Residential zoning district for Tract 1B, Abstract 1487, O C Sturm Survey, Tracts 2A01, 2A01B, 2A07A, and 2A07A1, Abstract 1748, James E. Weathers Survey, Lots 1 and 1A, Block 1, K Bar G Estates Addition, Lot 1A, Block 1, Westcoat Estates, and Lots 1A2, 1B, and 1C, Block 1, Hilley Addition, located at 6401, 6405, 6409, 6417, 6501, 6507, and 6605 Westcoat Drive, Case ZC22-020 Mayor Pro Tem Wheat explained to all in attendance this was a first reading of the ordinance. She stated the City Council is the final determining body for the rezoning request and State law requires any discussion or deliberation of the City Council must take place in a public forum. The City Council cannot meet as a group and discuss the project outside official public meetings. Mayor Pro Tem Wheat stated the Planning and Zoning Commission recommendation of approval of the rezoning request is one of many factors considered by the City Council. She reviewed the four major areas, which will have to be addressed (density, storm water management, transportation, public infrastructure) before the project can move forward, noting other concerns presented by the citizens, will also be considered. A sign in sheet was provided for citizens to receive emails regarding planned special meetings on this item and Mayor Pro Tem Wheat assured everyone there would be many discussions prior to this item moving forward to a second reading and vote. Mayor Pro Tem Wheat read the caption of Ordinance O-22-2211. Mayor Pro Tem Wheat and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney expressed concerns with open space, drainage, number and size of the lots, streets, trails, entrances, FEMA flood map, and public pedestrian and bike access. City Council Minutes July 19, 2022 City of Colleyville Page 9 Community Development Director Ben Bryner provided an overview of the project. Applicant Koss Maykus provided a presentation and answered questions of the City Council. Mayor Pro Tem Wheat opened the public hearing. The following completed speaker cards and spoke in opposition to the item. Wilfred Cameron, 309 Stonington Lane; Katherine Hanno, 213 Stonington Lane; Iris Craves, 516 Shelton; Christina Bealmear, 300 Stonington Lane; Melissa Johann, 6316 Westcoat Drive; Kelly Miller, 6820 Fallbrook Court; Tim and Wendy, Kelso, 504 Bandit; Victor Dupy, 6807 Fallbrook Court; Diana Light, 6905 Westmont Drive; Igor Mofkin, 209 Stonington Lane; Dennis Newglen, 200 John McCain, Stephanie Byrd, 6402 Cutter Ridge Court; and Kerry and Michele Konecny, 516 Tumbleweed Trail. The following completed speaker cards and spoke in support to the item. Thomas, Katherine and Heidi Hughes, 411 McDonwell School Road; Bryan Grant, 6504 Cutter Ridge Court, and Tom Campbell, 501 McDonwell School Road did not speak but indicated support. There were no others wishing to speak and Mayor Pro Tem Wheat closed the public hearing. This was a first reading and no action was taken. 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-22-2206 Consideration of a zoning change from AG Agricultural to R-40 Single Family Residential zoning district for Tract 1B and 1G, Abstract 798, Joseph H. Harrell Survey, located at 805 Murphy Road, Case ZC22-021 Mayor Pro Tem Wheat read the caption of Ordinance O-22-2206. Community Development Director Ben Bryner presented this item, which is a request to approve a change of zoning from AG to R-40, zoning at 805 Murphy Road, located along Murphy Road on the south side of the street and east of Herbert Road. The property is not platted and there is an existing home, which will be demolished. The applicant is requesting the zoning change in order to build two new homes on the property. The dimensional requirements of the proposed lots meet all of the requirements of the R-40 zoning district. City Council Minutes July 19, 2022 City of Colleyville Page 10 Director Bryner stated Councilmember Dodson requested a topographical map at the last meeting, noted in was provided in the packet, and he provided a review. There was no discussion or questions regarding this item. There were no speakers and Mayor Pro Tem Wheat opened and closed the public hearing. Councilmember Rigney made a motion to approve Ordinance O-22-2206, seconded by Councilmember Bond. The motion to approve passed by the following vote: Ayes: 6 – Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Absent: 1 - Mayor Lindamood 7b Ordinance O-22-2207 Consideration of a zoning change from R-40 Single Family Residential to R-30 Single Family Residential zoning district for Lots 2 and 3, Block 3, Stafford Heights Subdivision, located at 4801 and 4809 Manning Drive, Case ZC22-023 Mayor Pro Tem Wheat read the caption of Ordinance O-22-2207. Community Development Director Ben Bryner presented this request to approve a change of zoning from R-40 to R-30 zoning. He stated the existing lot areas are 38,063 sq. ft., not the required 40,000 sq. ft. for the R-40 district. Director Bryner noted both lots are platted, and have existed in the current configuration since 1962. There is a home, which crosses the lot line between the two lots. Director Bryner stated the properties were scheduled with the Zoning Board of Adjustment in May for consideration of a variance approval of the substandard lot size. There was a motion to approve the variance; however, it failed by a vote of three ayes to two nays, as four affirmative votes are required for a motion to pass. Due the failure of the variance request, a rezoning to the R-30 district would allow the applicant to apply for and receive the necessary building permits to build two new single family homes. Director Bryner stated amendments to the Land Development Code which would provide for an administrative variance process for applicants seeking smaller variances (suggest 5-15%) on existing platted lots will come before the City Council on August 2 and 16. He noted if the amendments pass, there would not be a need for the ordinance as staff could grant the administrative variance. City Council Minutes July 19, 2022 City of Colleyville Page 11 City Manager Jerry Ducay explained the different requirements for zoning requests and platted and zoned property. Mayor Pro Tem Wheat opened the public hearing. Christopher Bobin, 1504 Glade Road, spoke in opposition to the item and suggested striking language from the proposed ordinance if approved. There were no others wishing to speak and Mayor Pro Tem Wheat closed the public hearing. Councilmember Kelley made a motion to table Ordinance O-22-2207 to September 6, 2022, seconded by Councilmember Dodson. The motion to table was approved by the following vote: Ayes: 6 – Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Absent: 1 - Mayor Lindamood 7c Ordinance O-22-2208 Consideration of a zoning change from R-40 Single Family Residential to R-30 Single Family Residential zoning district for Lot 15 W1/2, Block 1, Wescoat Place Addition, located at 6105 Bettinger Drive, Case ZC22-024 Mayor Pro Tem Wheat read the caption of Ordinance O-22-2208. Community Development Director Ben Bryner presented this request for a change of zoning from R-40 to the R-30 zoning as the property is compatible with the R- 40 zoning district except for the lot area, which is 30,355 sq. ft. Director Bryner noted this request is related to item tabled item 9a on this agenda, a replat for the same property. As a component of the replat, a plat waiver for lot size is being requested. If the zoning is approved then the plat waiver would not be necessary. If the zoning is not approved then the plat waiver would be necessary. The City Council agreed the R-30 zoning is appropriate for this property. There were no speakers and Mayor Pro Tem Wheat opened and closed the public hearing. Councilmember Dodson made a motion to approve Ordinance O-22-2207, seconded by Mayor Pro Tem Wheat. The motion to approve passed by the following vote: City Council Minutes July 19, 2022 City of Colleyville Page 12 Ayes: 6 – Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Absent: 1 - Mayor Lindamood 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-22-4751 A resolution adopting the City Council Rules of Procedure Mayor Pro Tem Wheat read Resolution R-22-4751 in its entirety. City Secretary Christine Loven reviewed the amendments to the City Council Rules of Procedure, which were discussed at the July 6, 2022, City Council Worksession. Councilmember Dodson questioned the City Council Visioning/Goals and Objectives Worksession being excluded as a public meeting. The City Attorney advised it would be up to the City Council to decide, based on open meetings act law. There were no speakers and Mayor Pro Tem Wheat opened and closed the public hearing. Councilmember Dodson made a motion to approve Resolution R-22-4751 with an amendment to 2.1 to read “…Executive Session and as otherwise provided by law”, seconded by Councilmember Kelley. The motion to approve as amended passed by the following vote: Ayes: 6 – Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Absent: 1 - Mayor Lindamood 9. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 9a Resolution R-22-4745 Consideration of a replat with a plat waiver for lot size for Lot 15R1, Block 1, Wescoat Place Addition, being Lot 15 W1/2, Block 1, Wescoat Place Addition, located at 6105 Bettinger Drive, Case PC22-008 This item was moved to follow 7c. Councilmember Rigney made a motion to remove Resolution R-22-4751 from the table, seconded by Councilmember Elder. City Council Minutes July 19, 2022 City of Colleyville Page 13 The motion to remove the item from the table was approved by the following vote: Ayes: 6 – Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Absent: 1 - Mayor Lindamood Mayor Pro Tem Wheat read Resolution R-22-4745 in its entirety. Community Development Director Ben Bryner stated the approval of Ordinance O- 22-2208, provides for the City Council to approve the Resolution R-22-4745 without a plat waiver. There were no speakers and Mayor Pro Tem Wheat opened and closed the public hearing. Councilmember Elder made a motion to approve Resolution R-22-4745, seconded by Councilmember Rigney. The motion to approve passed by the following vote: Ayes: 6 – Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Absent: 1 - Mayor Lindamood 10. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive North, thanked the City Council for addressing her concerns on Jackson Bridge, requested reflectors on Glade Road to assist with seeing the medians, and stated the City fixed a pothole on Sherwood very quickly after she reported it. Mrs. Hadley said Parks and Recreation Director Lisa Escobedo is excellent and she has done a beautiful job on the medians. She stated she felt there needed to be a local contractor trimming trees because the current contractor is not doing a very good job and is killing some of the trees. She also expressed her appreciation for Chief Miller and Chief Wreay being accessible. Belinda Baker, 4504 Bill Simmons, requested the City Council look at establishing a specific amount of time to require a home to be built once permitted. She also suggested establishing a maximum distance a house can be setback. City Council Minutes July 19, 2022 City of Colleyville Page 14 11. REPORTS Planning and Zoning Commission Minutes - June 13, 2022 Sign Board of Appeals Minutes - June 14, 2022 Planning and Zoning Commission Worksession Minutes - June 27, 2022 There was no action taken on this item. 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JULY 19, 2022 - READING AND PUBLIC HEARING - RESOLUTION R- 22-4752 This resolution was not needed. 13. ADJOURNMENT There being no further business before the City Council, Mayor Pro Tem Wheat adjourned the meeting without objection by the City Council at 12:29 a.m., July 20, 2022. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 2ND DAY OF AUGUST 2022. Minutes taken and prepared by: Christine Loven, TRMC City Secretary