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HomeMy WebLinkAboutCity Council-Minutes-11/15/2022 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, November 15, 2022 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, November 15, 2022, at 5:30 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, George Dodson, Chuck Kelley, and Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Community Development Director Ben Bryner, Finance Director Kyle Lester, and Community Relations Manager Ronni Orr, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of Stars & Guitars Community Relations Manager Ronni Orr presented past performers, budgets, attendance, and some possible entertainers for 2023. There was general discussion of each performer, costs, security needs, and dates for Stars & Guitars. City Council directed staff to research four possible candidates for the 2023 event. WS-2 Building department software update Community Development Director Ben Bryner provided the history and a timeline for the software upgrade and anticipated dates for training and live use for the public. There was discussion regarding items left to finish and costs. City Council directed the Building Official to provide an itemized list of items to be completed and a financial update. WS-3 Discussion of the November 15, 2022, City Council regular agenda items Mayor Lindamood thanked the Council for getting out to events such as ribbon cuttings, and assisting him. He noted he will be coming forward at a future date with information about a Mayor’s Citizen of the Year award and a Heroes Park Committee. Mayor Lindamood adjourned the Worksession at 6:08 p.m. and called the Executive Session to order. City Council Minutes November 15, 2022 City of Colleyville Page 2 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the city attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities 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 Lindamood adjourned Executive Session at 6:49 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:00 p.m. Mayor Lindamood noted there is a special presentation he will give this evening and noted he has asked Councilmember Dodson, who is also a veteran to provide the Pledge of Allegiance for this meeting. Mayor Lindamood then called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, George Dodson, Chuck Kelley, and Callie Rigney. INVOCATION: Rabbi Scott Sperling, Congregation Beth Israel PLEDGE OF ALLEGIANCE: Councilmember and U.S. Army Veteran George Dodson 2. 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 Lieutenant Colonel Jayson Potts, U.S. Air Force - Mayor Bobby Lindamood Mayor Lindamood presented a proclamation recognizing and honoring Lieutenant Colonel Jayson Potts, U.S. Air Force Officer and Master Navigator, and 136th Operations Support Squadron Commander and Civil Service Air Operations Officer, City Council Minutes November 15, 2022 City of Colleyville Page 3 136th Airlift Wing, Texas Air National Guard, who, at the age of 50, died on July 12, 2022, leaving a legacy of service to his country, his Colleyville community, and those communities where he lived throughout his career. Mayor Lindamood presented the proclamation to family and friends: wife Mary, sons Bryson and Braxton, Lt. Colonel Camille LaDrew, and many friends. Mayor Lindamood and the City Council then provided announcements regarding City and community events. 3. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4788 This resolution was not needed. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4789 4a Approval of the minutes of the regular City Council meeting of November 1, 2022 4b Approval of a monetary donation from Ann Maddux, in memory of Athena Logan, to the Colleyville Public Library 4c Approval of an Engagement Letter for Legal Services Agreement with Wyatt Hamilton Findlay, PLLC (WHF), and authorizing the City Manager to execute the agreement 4d Appointing members to the Library Board, Metroport Teen Court Advisory Board, Planning and Zoning Commission, and the Zoning Board of Adjustment/Sign Board of Appeals Mayor Lindamood read Resolution R-22-4789 in its entirety. There were no questions or discussion regarding items 4a, 4b, or 4c. Mayor Lindamood asked if there was any discussion regarding the following appointments and reappointments. Library Board: Gary McPherson, Place 2, Molly Skinner, Place 4, Joan Roberts, Place 6, and Joy Lee, Place 7. Metroport Teen Court Advisory Board: Amy Redfearn and Sayeda Syed. Planning and Zoning Commission: David Groves, Place 1, Mark Alphonso, Place 2, Sayeda Syed, Place 3, and Tim Raine, Place 4. City Council Minutes November 15, 2022 City of Colleyville Page 4 Zoning Board of Adjustment/Sign Board of Appeals: Richard Vallario, Place 1, Dee Kamerman, Place 2, and Dan Shadle, Place 3. City Council was in agreement with the appointments to a two year term, expiring November 2024, as stated above. Mayor Lindamood opened and closed the public hearing as there were no speakers. Councilmember Kelley made a motion to approve Resolution R-22-4789, seconded by Councilmember Dodson. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - October 2022 Finance Director Kyle Lester presented the October financial report noting this is the first month for FY2023. Through October, revenues and expenses are in line with the last fiscal year, with approximately $248,000 in revenue received and close to $1.5 million in spending. A year-to-date deficit is always anticipated for the first two months of the fiscal year. Revenue intake is much more concentrated in the December through March months, as this is the timeframe in which the City receives its property taxes. Staff anticipates another deficit in November, followed by surpluses each month for the remainder of FY23. The City's final sales tax collection for FY22, representing sales made in September, showed a slight decrease of 1.2% over last September. This represents a significant difference from the overwhelmingly positive monthly increases the City has seen in the past several years, although it was anticipated these increases would come back down at some point. This month's collections makes for only the fourth year-over-year decrease in the past thirty-six months. In fact, since 2020 Colleyville's sales tax has grown a total of 25%, or from $8.5 million in 2020 to $10.29 million this year. Similar results have been seen across the state. Through the first month of the fiscal year, the Utility Fund has collected 11% of its budgeted revenue and spent 7% of its budgeted expenses, and the Drainage Utility Fund has received 8% of its revenue and spent 5% of its expenditures. COVID-related economic disruptions took a toll on any travel-related revenues in the last few years, but the Hotel Occupancy Tax Fund has kept a strong fund balance. Fortunately, travel activities are on the rise and revenue in this fund has City Council Minutes November 15, 2022 City of Colleyville Page 5 been making a comeback since early FY22. Total FY22 Hotel Tax Revenue came in at around $200,000 and staff expects a significant increase during this year. Being predominately funded through property taxes, the Debt Service fund has yet to receive a substantial portion of its revenue this year. Cash-flow for this fund is very predictable, as most revenues are recognized in December/January and debt service payments occur twice annually, with lease payments also occurring throughout the year. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-22-2226 Consideration of a Special Use Permit for outdoor display of merchandise on Lot 3A1A, 3A2A, 3B1, and 4A, Block 2, Andy Felps Addition, located at 4201 Colleyville Boulevard, Case ZC22-019 Mayor Lindamood read the caption of Ordinance O-22-2226. Community Development Director Ben Bryner presented the request for a Special Use Permit (SUP) to allow for the outdoor display of merchandise to remain on the property located at 4201 Colleyville Boulevard. City Manager Jerry Ducay stated the applicant has worked with the City and a reasonable solution has been reached as shown in the exhibits and stated in the proposed ordinance. Aaron Harris, applicant representative and Ryan and Matt Worthington, applicants, answered questions of the City Council. Councilmember Dodson asked if the screening requirement were removed from the ordinance, if a maximum of 12 monuments to be on display would be acceptable. Ryan and Matt Worthington agreed 12 monuments would be sufficient. The Mayor and Council expressed their appreciation to the Worthington’s and Mr. Harris for working with the City to resolve the challenges with the property. Mayor Lindamood opened and closed the public hearing as there was no one wishing to speak. Mayor Lindamood noted the following wished to register their support of the item, but did not wish to speak: Ashley Read, 8511 CR 612, Mansfield, Martin, Diana, and Andrew Read, 202 Oldenwood Court. Councilmember Rigney made a motion to approve Ordinance O-22-2226, with an amendment to 1. c. to read “no more than twelve (12) items of merchandise (e.g., monuments and/or headstones) shall be permitted to be displayed at a time within the Display Area”, seconded by Councilmember Bond. The motion to approve passed by the following vote: City Council Minutes November 15, 2022 City of Colleyville Page 6 Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 6b Ordinance O-22-2227 Consideration of a zoning change from CPO Professional Office Commercial district to R-20 Single Family Residential zoning district for Lot 24, Block 2, Fair Way Addition, located at 8308 Precinct Line Road, Case ZC22-035 Mayor Lindamood read the caption of Ordinance O-22-2227. Community Development Director Ben Bryner presented the request to rezone from the CPO Professional Office district to the R-20 Single Family Residential district, which has a single family home on the property. Director Bryner noted the property previously was rezoned to the Professional Office district in 2017 to convert into a small office use. The current size of the property does comply with all the minimum standards of the R-20 Single Family Residential zoning except for lot area. Director Bryner stated a portion of the lot was purchased by the State of Texas for improvements to Precinct Line Road. He also stated the City’s Comprehensive Plan identifies the subject property as Commercial, but the applicant seeks to rezone to R-20 to allow for residential use of the existing home on the property. Mayor Lindamood provided a recap of the original intent of the applicant five years ago. There was discussion of other options such as a temporary zoning or changing the City’s Codes. The City Attorney noted there is not currently a written code to provide for temporary zoning. Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmember Dodson expressed concern with having a residential property surrounded by commercial development, and Mayor Pro Tem Wheat noted she is not in favor of a temporary solution as she does not want to effect the Code in any way. The applicants, Paul and Lillian Garcia were not present. Mayor Lindamood opened and closed the public hearing as there were no speakers. Councilmember Kelley made a motion to Deny Without Prejudice Ordinance O-22-2227, seconded by Councilmember Dodson. The motion to deny without prejudice passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. City Council Minutes November 15, 2022 City of Colleyville Page 7 6c Ordinance O-22-2228 Consideration of the issuance and sale of “City of Colleyville, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2022”, authorizing the issuance of such certificates Mayor Lindamood read the caption of Ordinance O-22-2228. Financial Director Kyle Lester gave a brief recap of the timeline, cost for purchase and renovation of Covenant Church to become a City Recreation Center, and requirements for the bond issuance. Jim Sabonis, Managing Director, Hilltop Securities, the City’s Financial Advisor, advised the Council there was a successful bond sale at 10:00 a.m. this morning in the amount of $10.3 million at an interest rate of 4.041669. Mr. Sabonis also noted the bonds are callable in seven years. Mr. Sabonis thanked the Mayor and City Council and stated the City has been exceptional to work with and has been highly successful with the stewardship of funds. Mayor Lindamood and the City Council thanked Mr. Sabonis. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Pro Tem Wheat made a motion to approve Ordinance O-22-2228, seconded by Councilmember Rigney. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 7. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 7a 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 This item remained tabled. City Council Minutes November 15, 2022 City of Colleyville Page 8 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-22-4790 Consideration of variances to the provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically for lot width and street side yard setback in the R-20 Single Family Residential district, for Lot 16, Block 8, Oak Crest Hills, located at 405 East Oak Valley Drive, Case VC22-011 Mayor Lindamood read Resolution R-22-4790 in its entirety. Ben Bryner presented this request for a variance for the lot width and street side yard setback in the R-20 Single Family Residential district, to allow for the construction of a new single family home. Director Bryner noted the lot width is 87.5 feet due to 12.5 feet dedicated for right-of-way along Bransford Road. The plat had a 10 foot street side yard setback, but with the changes from the Land Development Code in 2019 a variance is needed to allow for the encroachment of the proposed home into the current 30-foot street side yard setback requirement. There was discussion regarding the lot line, right-of-way, layout of the house on the lot, possible reduction to the house size or location of garages, when the Code changed, and if the applicant was aware of the changes. Osama Nashed, Senior Associate, ANA Consultants, 500 Thompson Terrace, representing the applicant Osama Hanna, answered questions of the City Council regarding location of the house on the property and design. Mr. Nashed stated the applicant bought the property in 2017 based on the plat, however, the requirements for a 30’ setback was changed in 2019. Mayor Lindamood opened the public hearing. Micky Mirchandani, 401 Oak Valley Drive, spoke in opposition to this item with concerns for lot grading, the setback of the other homes, and neighborhood aesthetics. Mr. Mirchandani stated he feels confident there is a solution to be found. There were no others present wishing to speak and Mayor Lindamood closed the public hearing. Mayor Pro Tem Wheat stated she believes there is a compromise which can be achieved. Councilmember Dodson asked for an outline of the house on the plat. Councilmember Kelley stated he is not in favor of the three curb cuts. Mayor Lindamood asked Mr. Nashed and Mr. Hanna if this item could be tabled to allow them to work with staff and try to achieve a compromise for everyone’s benefit. Both Mr. Nashed and Mr. Hanna agreed. City Council Minutes November 15, 2022 City of Colleyville Page 9 Mayor Lindamood made a motion to table Resolution R-22-4790, seconded by Councilmember Dodson. The motion to table passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 8b Resolution R-22-4791 A resolution declaring expectation to reimburse expenditures with proceeds of future debt Mayor Lindamood read Resolution R-22-4791 in its entirety. Finance Director Kyle Lester presented this item, stating this resolution allows for the proceeds from the City's upcoming debt issuance to be used to reimburse the City for any incurred expenses related to constructing, improving, renovating and equipping the proposed recreation center. In many cases, expenses related to a debt-financed project may occur prior to the City receiving the debt proceeds intended to finance a project. Approval would allow incurred expenses related to the proposed recreation center purchase and renovation prior to receiving its bond proceeds, to be reimbursed to the City. Mayor Lindamood opened and closed the public hearing as there were no speakers. Councilmember Kelley made a motion to approve Resolution R-22-4791, seconded by Councilmember Dodson. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 9. CITIZEN COMMENTS Sayeda Syed, 6705 Sapphire Circle North, thanked City Council for reappointing her to the Planning and Zoning Commission and Metroport Teen Court Advisory Board. She also thanked the City for hosting the Harvest Festival and spoke on how much her family enjoyed it. Mrs. Syed stated the lighting in the roundabout in front of Colleyville Middle School needs to be adjusted. 10. REPORTS Sign Board of Appeals Minutes - September 13, 2022 There was no discussion of this item. City Council Minutes November 15, 2022 City of Colleyville Page 10 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, NOVEMBER 15, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22-4792 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 9:20 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 6TH DAY OF DECEMBER 2022. Minutes taken and prepared by: Christine Loven, TRMC City Secretary