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HomeMy WebLinkAboutCity Council-Minutes-12/6/2022 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, December 6, 2022 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of cross-access between subdivisions WS-2 Discussion of setting a date for a special meeting for 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 1B1, 1C1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey, and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive and 6900 Pool Road, Case ZC22-036 WS-3 Discussion of the December 6, 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 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 REGULAR MEETING 7:00 P.M. CITY COUNCIL CHAMBERS City Council Agenda December 6, 2022 City of Colleyville Page 2 INVOCATION: Pastor Martin Richardson, Crown of Life PLEDGE OF ALLEGIANCE: Girl Scout Troop 1451 Megan Holladay, Troop Leader 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4793 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-22-4794 4a Approval of the minutes of the regular City Council meeting of November 15, 2022 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-22-2229 Consideration of a Special Use Permit for an accessory dwelling to exceed the maximum size allowed on Lot 1, Block 1, Kramer Addition, located at 312 White Drive, Case ZC22-037 5b Ordinance O-22-2230 Consideration of an amendment to the existing PUD-C Planned Unit Development - Commercial district ordinance for the Winding Creek Addition, specifically for Lots 2R and 3R, Block 1, located at 6408 and 6500 Colleyville Boulevard, Case ZC22-038 5c Ordinance O-22-2231 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority 5d Ordinance O-22-2232 An ordinance amending Chapter 62 of the City of Colleyville Code of Ordinance to provide for making it unlawful to possess a used catalytic converter City Council Agenda December 6, 2022 City of Colleyville Page 3 6a 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. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 7a 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 8. CITIZEN COMMENTS 9. REPORTS Planning and Zoning Commission Minutes - October 10, 2022 Planning and Zoning Commission Worksession Minutes - October 24, 2022 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 6, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22-4795 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 2, 2022 by 5:00 p.m. Christine Loven, TRMC City Secretary City Council Agenda December 6, 2022 City of Colleyville Page 4 A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, December 6, 2022 Mayor Pro Tem Wheat called the Colleyville City Council Worksession to order on Tuesday, December 6, 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, Community Development Director Ben Bryner, Public Works Director Amber Beard, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of cross-access between subdivisions Public Works Director Amber Beard presented this item noting staff has received requests to allow rear driveways on residential properties which abut neighboring subdivision streets and these requests have generally been denied as the Land Development Code does not address this connectivity. She stated the traffic impact, conflicts between HOA covenants, and potential impact on future subdivision design, are considered when requests are made. Director Beard stated staff is recommending adoption of a form policy prohibiting cross-access between subdivisions. There was general discussion of vehicular versus pedestrian traffic and the disruption to neighborhoods. City Council directed staff to move forward with bringing a policy to City Council for consideration. WS-2 Discussion of setting a date for a special meeting for 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 1B1, 1C1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey, and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive and 6900 Pool Road, Case ZC22-036 City Manager Jerry Ducay and the City Council discussed a special meeting to hear the referenced case and selected the date of Thursday, January 5, 2023 at 6:00 p.m. City Council Minutes December 6, 2022 City of Colleyville Page 2 WS-3 Discussion of the December 6, 2022, City Council regular agenda items City Manager Jerry Ducay noted item 6a will not be removed from the table and residents have been notified, and identified item 5a as a first reading and an interesting case. Mayor Pro Tem Kathy Wheat thanked Salima Madhani for providing the City Council with deserts this evening. Mayor Pro Tem Wheat closed the worksession at 5:44 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 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 Pro Tem Wheat adjourned Executive Session at 6:44 p.m. Mayor Pro Tem Wheat called the regular meeting of the City Council to order at 7:00 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: Pastor Martin Richardson, Crown of Life PLEDGE OF ALLEGIANCE: Girl Scout Troop 1451, Megan Holladay, Troop Leader City Council Minutes December 6, 2022 City of Colleyville Page 3 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4793 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 Pro Tem Wheat and the City Council made announcements regarding City and community events. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22- 4794 4a Approval of the minutes of the regular City Council meeting of November 15, 2022 Mayor Pro Tem Wheat read Resolution R-22-4794 in its entirety. There was no discussion and Mayor Pro Tem Wheat opened and closed the public hearing without any speakers. Councilmember Kelley made a motion to approve Resolution R-22-4794, seconded by Councilmember Dodson. 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. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-22-2229 Consideration of a Special Use Permit for an accessory dwelling to exceed the maximum size allowed on Lot 1, Block 1, Kramer Addition, located at 312 White Drive, Case ZC22-037 Mayor Pro Tem Wheat read the caption of Ordinance O-22-2229. City Council Minutes December 6, 2022 City of Colleyville Page 4 Community Development Director Ben Bryner presented this request and stated the applicants are requesting the SUP to allow for the use of a new 8,150 s.f. accessory dwelling, to be built on the west side of the garage, to be used as a primary suite. The existing home is 11,615 s.f. and was built in 2000 prior to the requirement for fire suppression. The preference by the applicant was to attach the primary suite, but the home would have to be retrofitted for fire suppression and the design of the interior walls of the home would be compromised. There was general discussions regarding the suppression system requirements and amenities within the proposed suite. Applicants Dan and Kimberly Bresingham, 312 White Drive, provided a history of their home, noting the house was damaged during the 2020 snow event, and having to perform another renovation to add fire suppression would damage the ornamental walls and would be costly. Mayor Pro Tem Wheat stated the City Council would like to see the structure be attached, but does understand why this may not be possible. She asked if Mr. and Mrs. Bresingham if they would be agreeable to connect the structure by adding a firewall and installing fire suppression to the new construction. Mr. and Mrs. Bresingham stated they would be in agreement and attached is also their preference. There was discussion of the criteria to be added to the ordinance. Mayor Pro Tem Wheat clarified with the applicants they would bring a new drawing showing the new construction attached, with fire suppression, and a fire wall to the next meeting for consideration. Mayor Pro Tem Wheat opened and closed the public hearing without any speakers. This was a first reading, therefore no action was taken. 5b Ordinance O-22-2230 Consideration of an amendment to the existing PUD-C Planned Unit Development - Commercial district ordinance for the Winding Creek Addition, specifically for Lots 2R and 3R, Block 1, located at 6408 and 6500 Colleyville Boulevard, Case ZC22-038 Mayor Pro Tem Wheat read the caption of Ordinance O-22-2230. Community Development Director Ben Bryner presented this request for an amendment to Ordinance O-09-1736, for one new office building where two buildings are currently shown on the site plan. Director Bryner stated the previous ordinance was approved in 2009 and the site plan shows two separate lots and buildings. Ken Green, the applicant, is seeking approval for a new 12,382 square City Council Minutes December 6, 2022 City of Colleyville Page 5 foot office building with a taller middle element, and to reduce the street landscape area from 6,732 sq. ft. to 5,984 sq. ft. and a reduction in the required 20 foot landscape area along Colleyville Boulevard. There was discussion regarding the zoning, property uses, drainage channeling, and the location of the building within the 100 year flood plain. Director Bryner stated the front allows retail and the back allows office space. He also noted the property is not in the flood plain. Ken Green, 2900 Sherwood Lane, the applicant gave a history of his 24 years of being a Colleyville business owner and stated the current plan is for his office to occupy 6,000 square feet, and lease the rest, however, at this time he does not have any potential leases. Mayor Pro Tem Wheat noted the construction materials of stone, brick and glass give the building a clean modern look which she appreciates. City Manager Ducay stated he had some concern for the landscape set back but the landscaping is pleasing. Manager Ducay inquired about signage and Mr. Green stated having a monument sign and some building signage. Mayor Pro Tem Wheat asked Mr. Green if he could add some planters and he agreed. Mayor Pro Tem Wheat opened and closed the public hearing without any speakers. This was a first reading, therefore no action was taken. 5c Ordinance O-22-2231 An ordinance amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority Mayor Pro Tem Wheat read the caption of Ordinance O-22-2231. Finance Director Kyle Lester presented this item and gave an overview of the process for establishing rates. He noted in 2016 the Council approved a rate structure whereby all of the costs to operate the City’s utilities are covered by a base rate, which makes up a customer’s minimum bill for each month. In 2017, Council added a CIP charge to the base rate to pay for capital projects. Director Lester stated the base and volumetric rates are reviewed and updated on an annual basis. The new base rates are reflected in the bills sent out in October City Council Minutes December 6, 2022 City of Colleyville Page 6 to coincide with the City's fiscal year while the new volumetric rates are reflected in the bills sent out in January to coincide with TRA's rate change. Director Lester noted wastewater is not metered, the wastewater rate is calculated for the months of December through February, which is a common business practice. Director Lester stated this year’s TRA calculations recommend an increase in the water and wastewater rates, which, if approved, will be in effect starting with the January billing for December's usage as follows: Water Rates Increasing the current water volumetric rate from $4.3430 to $4.9549. Wastewater Rates Increasing the current wastewater volumetric rate from $3.0663 to $3.2644. Councilmember Dodson stated the TRA operation and maintenance budget is up dramatically which is a direct relation to inflation. Mayor Pro Tem Wheat explained this is a pass-through cost as TRA provides water and wastewater treatment services to the City, as well as other cities. She stated there are times when the rate will increase, however, the City cannot control these costs, and the costs are divided amongst all cities served by TRA. Councilmember Dodson reiterated the City Council did away with tiered water rates in 2017 and the City has done a fabulous job of taking care of our water service. Mayor Pro Tem Wheat opened and closed the public hearing without any speakers. This was a first reading, therefore no action was taken. 5d Ordinance O-22-2232 An ordinance amending Chapter 62 of the City of Colleyville Code of Ordinance to provide for making it unlawful to possess a used catalytic converter Mayor Pro Tem Wheat read the caption of Ordinance O-22-2232. Police Chief Michael Miller presented this item and stated the ordinance is one tool to assist law enforcement in fighting crime. Chief Miller noted claims of catalytic converter thefts rose nationally from 3,389 in 2019 to 14,433 in 2021, and continues to rise. In Colleyville, since January 2021, officers have taken 36 reports with a total of 45 catalytic converters stolen. Mayor Pro Tem Wheat opened the public hearing. City Council Minutes December 6, 2022 City of Colleyville Page 7 Harold Ledbetter, 6700 Pleasant Run Road spoke in opposition to the ordinance with concern for setting a precedence locally and its usefulness as a deterrent. Addressing proof of possession, Mr. Ledbetter noted at a state and county level, one of the items which you must prove possession of is a vehicle, you must have registration, show proof of insurance, etc. He stated having a vehicle is not a right, it is a privilege, but the proposed ordinance will infringe on a right. There were no others wishing to speak and Mayor Pro Tem Wheat closed the public hearing. This was a first reading, therefore no action was taken. 6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 6a 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. 7. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 7a 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 Councilmember Dodson made a motion to remove Resolution R-22-4790 from the table, seconded by Mayor Pro Tem Wheat. The motion passed 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-22-4790 in its entirety. City Council Minutes December 6, 2022 City of Colleyville Page 8 Community Development Director Ben Bryner presented this item and stated the applicant has provided a revised site plan and floor plan showing a street side yard setback of approximately 18.5 feet. The plan is still showing a full 100 feet of width for the lot with a street side yard setback of approximately 31 feet. However, after taking into account the right-of-way dedication of 12.5 feet, the setback is approximately 18.5 feet from the actual lot line. The previous request was for a 10-foot street side yard setback. Osama Nashed, Senior Associate, ANA Consultants, 500 Thompson Terrace, representing the applicant Osama Hanna, stated the new site plan and floor plan is as close as they can get to obtaining the 20 foot setback requested by City Council. Mary Hanna, applicant and owner asked the City Council to approve the presented plan and gave a history of the property and house plan. Mayor Pro Tem Wheat thanked the applicants for their flexibility and stated she appreciated their willingness to compromise and to have an entrance on Oak Valley only. She asked Mrs. Hannah if they would agree to add there will be no access off of Bransford Road to the resolution. Mr. and Mrs. Hannah agreed to the amendment. Mayor Pro Tem Wheat opened the public hearing. Harold Ledbetter, 6700 Pleasant Run Road, spoke in favor of this item and noted the applicants made a lot of compromises. There were no others wishing to speak and Mayor Pro Tem Wheat closed the public hearing. Councilmember Dodson made a motion to amend Resolution R-22-4790 to add Sec. 2. There will be no access on to or from Bransford Road, seconded by Councilmember Rigney. The motion to approve with the amendment passed by the following vote: Ayes: 6 – Mayor Pro Tem Wheat and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Absent: 1 - Mayor Lindamood. 8. CITIZEN COMMENTS Dee Kelley, 705 Hillside, spoke in opposition to the proposed changes to the Greystone Manor case and stated concern with the notification process. Mrs. Kelley City Council Minutes December 6, 2022 City of Colleyville Page 9 thanked the City Council for their service and time, and wished all a Merry Christmas. 9. REPORTS Planning and Zoning Commission Minutes - October 10, 2022 Planning and Zoning Commission Worksession Minutes - October 24, 2022 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 6, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22-4795 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Pro Tem Wheat adjourned the meeting without objection by the City Council at 8:44 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 20TH DAY OF DECEMBER 2022. Minutes taken and prepared by: Christine Loven, TRMC City Secretary