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HomeMy WebLinkAboutCity Council-Minutes-12/20/2022 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 20, 2022 WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the exterior renovation project at the City Hall/Library Complex WS-2 Discussion of Wayfinding Signage WS-3 Review of Citizen Survey results WS-4 Discussion of a Neighborhood Entrance Beautification Grant WS-5 Discussion of the Eastpointe Terrace resolution modification WS-6 Discussion of Resolution R-20-4563, electioneering regulations WS-7 Discussion of the December 20, 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 551.071 - Legal - Consultation with the City Attorney regarding Eastpointe Terrace 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 City Council Agenda December 20, 2022 City of Colleyville Page 2 REGULAR MEETING 7:00 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian PLEDGE OF ALLEGIANCE: Councilmember George Dodson 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4796 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 the Colleyville Heritage High School Panthers Volleyball team 5A state championship - Mayor Lindamood and the Panters Volleyball Team Proclamation in recognition of Dr. David Arencebia, Colleyville Middle School Principal - Mayor Lindamood Presentation of the American Planning Association, Texas Chapter Certificate of Achievement, Richard R. Lillie, FAICP Program for Planning Excellence awarded to the City of Colleyville - Mayor Lindamood, Community Development Director Ben Bryner, Planning Manager Jackie Reyff, and Planner Dakari Hill 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4797 4a Approval of the minutes of the regular City Council meeting of December 6, 2022 4b Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program 4c Approval of a three year Municipal and County Government Enterprise License Agreement (ELA), between the City of Colleyville and the Environmental Systems Research Institute, Inc. (ESRI), in an amount not to exceed $85,800, and authorizing the City Manager to execute the agreement City Council Agenda December 20, 2022 City of Colleyville Page 3 4d Approval of a Contract Services Agreement with Alderink Enterprises, Inc. dba CI Pavement, for the FY 2023 Miscellaneous Concrete Repair, in an amount not to exceed $600,000, inclusive of a contingency amount of $35,000, and authorizing the City Manager to execute the agreement 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - November 2022 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 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 6b 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 6c 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 6d 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 7. TABLED ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-22-2211 CITY COUNCIL PLANS TO REMOVE THIS ITEM FROM THE TABLE FOR DISCUSSION 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 City Council Agenda December 20, 2022 City of Colleyville Page 4 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-22-4798 Consideration of the abandonment of four and a half feet of an existing twelve foot drainage and utility easement for Lot 8, Block B, Westmont Addition, located at 6812 Hillier Court, Case GC22-016 8b Resolution R-22-4799 Consideration of variances to the provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically for the front setback in the R-40 Single Family Residential district, for Lot 1, Block 1, F. P. Powell Addition, located at 2203 Oak Knoll Court, Case VC22-012 8c Resolution R-22-4800 A resolution changing the dates of regular City Council Meetings in July, September, October, and November 2023 9. CITIZEN COMMENTS 10. REPORTS Library Board Minutes - October 10, 2022 Sign Board of Appeals Minutes - November 8, 2022 Planning and Zoning Commission Minutes - November 14, 2022 Planning and Zoning Commission Worksession Minutes - November 28, 2022 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 20, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22-4801 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 16, 2022 by 5:00 p.m. Christine Loven, TRMC City Secretary City Council Agenda December 20, 2022 City of Colleyville Page 5 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 20, 2022 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, December 20, 2022, at 5:00 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, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Amber Beard, Finance Director Kyle Lester, and City Secretary Christine Loven. CALL TO ORDER WS-1 Discussion of the exterior renovation project at the City Hall/Library Complex Public Works Director Amber Beard highlighted the project which began in early 2021 and noted this item provides an opportunity for the City Council to review the color samples one final time and make a recommendation. Director Beard then introduced Gaylen Laing, GHLA, Inc., the City’s design architect on the project. Mr. Laing reviewed all of the color samples and answered questions of the City Council. Following review and discussion, City Council chose the color Rose Beige and directed Mr. Laing and staff to move forward with the project. WS-2 Discussion of Wayfinding Signage Assistant City Manager Adrienne Lothery provided a high level overview of the wayfinding signage project updates based on the City Council June 7, 2022 direction. She then introduced David Newman, MESA, who reviewed the vehicular signage choices and options. There was general discussion of cost, location, and purpose of the signage. City Council agreed the stone signage would be appropriate and preferred in the City’s parks and directed staff to bring back to City Council a map of specific locations for signage, the type, cost, and visuals on the view from a vehicle. City Council Minutes December 20, 2022 City of Colleyville Page 2 WS-3 Review of Citizen Survey results Assistant City Manager Adrienne Lothery presented the results of the Citizen Survey which was conducted during October and November 2022. The results indicated there were 1,841 respondents to the survey and she noted every respondent did not answer every question. WS-4 Discussion of a Neighborhood Entrance Beautification Grant Assistant City Manager Mark Wood presented a concept for a grant for a beautification program for neighborhood entrances. He noted the goal of the program is to partner with neighborhoods, both HOA and non-HOA, in an effort to beautify the entire City, by proving grants for entryway improvements. If approved, the neighborhood would complete an application and submit through the City Manager’s Office. The landscape plans will be reviewed and the City’s Beautification Supervisor will offer feedback and recommendations. Staff will bring applications to the City Council for a vote via resolution. Manager Wood stated the funding for the program is in the general capital and TIF funds. There was discussion regarding the number of neighborhoods, HOA’s, and homeowner responsibility for maintenance. The City Council directed staff to move forward with the program. WS-5 Discussion of the Eastpointe Terrace resolution modification This item was presented after WS-6. Community Development Director Ben Bryner presented this item stating the applicant is formally requesting consideration by the City Council to revise the previously approved resolution to accomplish the following: 1. Developer will install the cedar fence as detailed in the landscaping plan along the common area lots that are HOA owned and managed (southern portion of “Pointe Court” from Pool Road westward to Lot 1) as part of the development portion of the project. The builder will build the fencing as shown on the landscaping plan behind the residential lots at the time of the individual home construction. 2. Authorize the City Manager and staff to enter into an agreement with the developer that protects the completion of these non-public infrastructure related requests at the developer’s expense and allows for the plat to be recorded pursuant to City Ordinance at the time of completion and acceptance of code related public infrastructure improvements. Councilmember Dodson stated there were many meetings regarding this development and the residents asked for the fences and had concerns for the City Council Minutes December 20, 2022 City of Colleyville Page 3 road. He stated he believes it is critical the City Council maintains the requirements, as agreed to by the developer. Mayor Lindamood concurred with Councilmember Dodson and stated he is not in favor of revisiting the resolution requirements. City Council concurred. WS-6 Discussion of Resolution R-20-4563, electioneering regulations This item was presented before WS-5. City Manager Jerry Ducay noted there were conflicting regulations between the electioneering resolution, the Land Development Code, and enforceability. City Manager Ducay stated the City Attorney has advised he believes the court rulings regarding political signage have set a precedence and the City could move forward with updating the Land Development Code, which would allow for repealing the electioneering resolution. City Council agreed to revisit this item following changes to the Land Development Code to be consistent with state law. WS-7 Discussion of the December 20, 2022, City Council regular agenda items Mayor Lindamood stated Greystone Manor will be removed from the table. Mayor Lindamood closed 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 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 551.071 - Legal - Consultation with the City Attorney regarding Eastpointe Terrace 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 City Council Minutes December 20, 2022 City of Colleyville Page 4 which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was not action taken and Mayor Lindamood adjourned Executive Session at 6:50 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:02 p.m. and 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: Pastor Josh Anderson, Colleyville Presbyterian PLEDGE OF ALLEGIANCE: Councilmember George Dodson 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4796 Mayor Lindamood read Resolution R-22-4796 in its entirety. Assistant City Manager Mark Wood presented this item, an economic development reimbursement BEST grant in the amount of $45,000 plus an additional amount of up to $10,000 for Ethridge Auto Center. Manager Wood reviewed the proposed improvements to the property which is located on Colleyville Boulevard. Mayor Lindamood stated it is the City’s goal to utilize TIF funds to enhance businesses located along the 26 corridor. Mayor Lindamood opened and closed the public hearing without anyone speaking. Councilmember Kelley made a motion to approve Resolution R-22-4796, 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. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition City Council Minutes December 20, 2022 City of Colleyville Page 5 Mayor Lindamood and the City Council made announcements regarding City and community events. Howard Rosenthal, Peace Together, thanked the City and City Council for their assistance in the November 2022 Peace Together Walk. Proclamation in recognition of the Colleyville Heritage High School Panthers Volleyball team 5A state championship - Mayor Lindamood and the Panthers Volleyball Team Mayor Lindamood presented a proclamation to the Colleyville Heritage High School Panthers Volleyball team and congratulated them on their 5A State Championship. Proclamation in recognition of Dr. David Arencibia, Colleyville Middle School Principal - Mayor Lindamood Mayor Lindamood presented a proclamation to Dr. David Arencibia, in recognition of being named the Outstanding 2022 Secondary School Principal of the Year, Middle School Principal of the Year, and Region 11 Principal of the Year by the Texas Association of Secondary School Principals and the Texas nominee and one of the top three finalists for the National Principal of the Year by the National Association of Secondary School Principals. Presentation of the American Planning Association, Texas Chapter Certificate of Achievement, Richard R. Lillie, FAICP Program for Planning Excellence awarded to the City of Colleyville - Mayor Lindamood, Community Development Director Ben Bryner, Planning Manager Jackie Reyff, and Planner Dakari Hill Mayor Lindamood recognized the work of Community Development Director Ben Bryner, Planning Manager Jackie Reyff, and Planner Dakari Hill for earning the American Planning Association, Texas Chapter Certificate of Achievement, Richard R. Lillie, FAICP Program for Planning Excellence award. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22- 4797 4a Approval of the minutes of the regular City Council meeting of December 6, 2022 4b Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program 4c Approval of a three year Municipal and County Government Enterprise License Agreement (ELA), between the City of Colleyville and the Environmental Systems Research Institute, Inc. (ESRI), in an amount City Council Minutes December 20, 2022 City of Colleyville Page 6 not to exceed $85,800, and authorizing the City Manager to execute the agreement 4d Approval of a Contract Services Agreement with Alderink Enterprises, Inc. dba CI Pavement, for the FY 2023 Miscellaneous Concrete Repair, in an amount not to exceed $600,000, inclusive of a contingency amount of $35,000, and authorizing the City Manager to execute the agreement Mayor Lindamood read Resolution R-22-4797 in its entirety. Nicole Porelle, Municipal Court Administrator, presented item 4b. She reviewed the program criteria and Colleyville usage. There were no questions. Patrick Stotts, Information Systems Manager, presented item 4c, noting the City uses the software to collect, organize, manage, analyze, communicate, and distribute geographical information and has been a licensee of ESRI software since 1996. There were no questions. Public Works Director Amber Beard presented item 4d. Councilmember Dodson asked for clarification on the contingency. Director Beard stated the $600,000 includes the three contingency amounts totaling $35,000. Mayor Lindamood opened the public hearing. Sayeda Syed, 6705 Sapphire Circle, spoke in reference to item 4b, stating teen court should not be the only solution for drugs/alcohol/and paraphernalia charges. She also stated she felt the budget should be based on usage, not evenly divided. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Dodson made a motion to approve Resolution R-22-4797, seconded by Councilmember Bond. 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 - November 2022 Finance Director Kyle Lester reviewed the November financial report, highlighting the general fund through November, he noted the fund has collected 8% of its City Council Minutes December 20, 2022 City of Colleyville Page 7 budgeted revenues and spent 13% of budgeted expenditures, yielding a year-to- date deficit of about $1.2 million. This deficit is an improvement of over $2 million over last year, due mostly to interfund capital transfers occurring in November last year. Spending tends to be fairly consistent from month-to-month due to payroll costs being the bulk of the City's budget whereas revenue hits much differently due to the Fund's reliance on property tax. Staff anticipates surpluses each month for the remainder of FY23. Director Lester stated the City's first sales tax collection for FY23 (representing sales made in October) came in with a slight increase of 1.3% over last October. This represents a significant difference from the overwhelmingly positive monthly increases the City has seen in the past several years, although it was anticipated that these increases come back down at some point. He stated Colleyville's sales tax has grown a total of 25%, or from $8.5 million in 2020 to a record-high $10.29 million in the last year. To some degree a similar trajectory has been seen across both the state's collections as well as our neighbors. Director Lester concluded his review by providing utility, drainage, and hotel fund highlights. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 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 Lindamood read the caption of Ordinance O-22-2229. Community Development Director Ben Bryner presented this item by giving a brief review of the SUP request. Director Bryner noted at the December 6, 2022 meeting, City Council asked the applicants if they would agree to connect the structure by adding a firewall and installing fire suppression to the new construction. The applicants agreed and have met with City staff and an architect to present the new plan which connects the structure via a corridor with a fire wall which was fire suppression, as does the new addition, and the fire alarms communicate with the corridor, new structure, and the existing structure. Additionally, these requirements were added to the ordinance. There was general discussion regarding the corridor, regulations, and defining the dwelling language in the ordinance. Applicants Dan and Kimberly Bresingham, 312 White Drive, were available to answer questions of the City Council. Mayor Lindamood opened and closed the public hearing without anyone speaking. City Council Minutes December 20, 2022 City of Colleyville Page 8 Mayor Pro Tem Wheat made a motion to approve Ordinance O-22-2229, with an amendment to change new accessory dwelling, to attached accessory dwelling throughout the ordinance, 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. 6b 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 Lindamood read the caption of Ordinance O-22-2230. Community Development Director Ben Bryner gave a brief overview of 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 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 general discussion regarding the flood plain and the size and location of signage. Mayor Lindamood opened and closed the public hearing without anyone speaking. Councilmember Rigney made a motion to approve Ordinance O-22-2230, with an amendment the monument sign must be 8 feet from the right-of- way, seconded by Councilmember Elder. 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. 6c 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 City Council Minutes December 20, 2022 City of Colleyville Page 9 volumetric rates to pass through changes from the Trinity River Authority Mayor Lindamood 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 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. Mayor Lindamood stated the City contracts with TRA and the contract will continue as long as there is debt. Mayor Lindamood opened the public hearing. Russell Carr, 6900 Reverchon Court, suggested going out to bid to use wells, instead of contracting with TRA. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Elder made a motion to approve Ordinance O-22-2231, 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. City Council Minutes December 20, 2022 City of Colleyville Page 10 6d 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 Lindamood 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. There was general discussion regarding metal recyclers. Mayor Lindamood opened the public hearing. 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. Mr. Ledbetter feels passage of this ordinance takes away a right. Adam Takacs, 317 Oak Valley Drive, spoken stated he is okay with establishing a fine, but believes it necessary to define possession. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Dodson made a motion to approve Ordinance O-22-2232, 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. Mayor Lindamood called a recess at 9:13 p.m. and reconvened at 9:24 p.m. 7. TABLED ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-22-2211 CITY COUNCIL PLANS TO REMOVE THIS ITEM FROM THE TABLE FOR DISCUSSION 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, City Council Minutes December 20, 2022 City of Colleyville Page 11 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 made a motion to remove Ordinance O-22-2211 from the table, seconded by Councilmember Kelley. The motion to remove from the table passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Mayor Lindamood read the caption of Ordinance O-22-2211. Mayor Lindamood stated everyone has a right to be heard and they will not be rushing through this item. He also noted there have been many conversations with the public and the developer. He noted the City Council is against high density projects and for holding the developers and builders responsible. Mayor Lindamood stated Colleyville is a team and this project is a work in progress. Community Development Director Ben Bryner presented this item, providing highlights of the meetings with the developer, updated plans, open space, traffic study, drainage study, HOA CC and R’s, and a potential City/Developer agreement. Mayor Lindamood opened the public. The following spoke in opposition to the development with concerns for density, traffic, location of entrance, and general desire for the land to remain undeveloped and preservation of the rural feel. Dan Braswell, 6512 Westcoat Drive; Jeff Brundage, 6508 Westcoat Drive; Diane Brundage, 6508 Westcoat Drive; Harold Ledbetter, 6700 Pleasant Run Road; Sayeda Syed, 6705 Sapphire Circle North; Sandra Bowen, 508 Wagonwheel Court; Christina Bealmear, 300 Stonington; Kelly Miller, 6820 Fallbrook Court; Igor Motkin, 209 Stonington Lane; Clint Laster, 6704 Hillier Court; Roger Taylor, 210 Colden Court; Adam Takacs, 317 Oak Valley Drive; Terry McCarter, 206 Quillin Court. Did not speak but registered opposition: Dee Kelly, 705 Hillside. The following spoke in support of the development: Heidi Hughes, 411 McDonwell School Road East; Juliann Garrison, 6401 Westcoat Drive; Richard Remley, 6803 Fallbrook Court. Did not speak but registered support: Michael Capps, 6116 Legacy Trail. City Council Minutes December 20, 2022 City of Colleyville Page 12 There were no others wishing to speak and Mayor Lindamood closed the public hearing. The Mayor, Mayor Pro Tem, and Councilmembers expressed their appreciation for the dialog and each highlighted their desires for the project. Curtis Young, representing the developer (applicant) stated he had an elaborate presentation, however, given the hour, he felt it would not be in anyone’s best interest. Mr. Young responded to some of the general comments made by citizens and City Council. He stated almost all PUDs are 20,000 square feet; the proposed development meets all the criteria of Destination Colleyville and is one of the lowest density developments in the City. Mr. Young stated if the development went forward with straight zoning, the lots would be larger than those in Oak Alley and there is no flood plain on this property. Mr. Young spoke to the open space, explaining the highest quality of development would be the 16.4% open space proposed, as it equates to larger lots and is the middle ground. In closing, Mr. Young stated his organization and the developer and have spent months meeting with neighbors working and attempting to accommodate their requests. He also stated all involved parties in this project, are professionals, they are not amateurs. Councilmember Dodson made a motion to table Ordinance O-22-2211 to January 3, 2023, seconded by Mayor Lindamood. The motion to table to January 3, 2023 passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Mayor Lindamood asked the City Council if they were willing to continue the Council meeting beyond midnight. All voted aye. Mayor Lindamood declared a recess at 11:25 p.m. and reconvened at 11:32 p.m. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-22-4798 Consideration of the abandonment of four and a half feet of an existing twelve foot drainage and utility easement for Lot 8, Block B, Westmont Addition, located at 6812 Hillier Court, Case GC22-016 Mayor Lindamood read Resolution R-22-4798 in its entirety. Community Development Director Ben Bryner presented this request for the abandonment of 4.5 feet of a 12-foot drainage and utility easement on property in order to construct a swimming pool. City Council Minutes December 20, 2022 City of Colleyville Page 13 There was general discussion regarding the need for the abandonment and drainage. John Dreiling, the applicant, explained he desires to extend the retention wall for drainage and vegetation protection when the pool is installed. Mayor Lindamood opened the public hearing. Kathleen Czaicki, 201 Old Grove Road, spoke in opposition with concern for drainage. Sayeda Syed, 6705 Sapphire Circle, questioned the easements which are currently in place. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Rigney made a motion to approve Resolution R-22-4798, seconded by Mayor Pro Tem Wheat. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Rigney. Nays: 1 – Councilmember Kelley 8b Resolution R-22-4799 Consideration of variances to the provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically for the front setback in the R-40 Single Family Residential district, for Lot 1, Block 1, F. P. Powell Addition, located at 2203 Oak Knoll Court, Case VC22-012 Mayor Lindamood read Resolution R-22-4799 in its entirety. Community Development Director Ben Bryner presented the request to allow for a proposed addition to the home with a front setback of 15 feet instead of the required 40 feet. He noted the property is currently developed with a home and an accessory building. In 2007, a variance was approved for an addition to encroach 25 feet into the required front yard setback of 40 feet, however, the previous owner never built the addition. There was discussion of the regulations for building within the flood plain. City Council Minutes December 20, 2022 City of Colleyville Page 14 Ted Brooks, 1905 Simpson Drive, Bedford, the contractor, provided a history of the previous owners planned garage location and then reviewed the plans which are being requested today and why the variance is requested. The owner, Bruce Sams, 2203 Oak Knoll Court, was also present to answer questions of the City Council. Mayor Lindamood opened and closed the public hearing without speakers. Councilmember Bond made a motion to approve Resolution R-22-4799, 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. 8c Resolution R-22-4800 A resolution changing the dates of regular City Council Meetings in July, September, October, and November 2023 Mayor Lindamood read Resolution R-22-4800 in its entirety. Mayor Lindamood stated the resolution is self-explanatory and there were no questions. Mayor Lindamood opening and closed the public hearing without anyone speaking. Councilmember Kelley made a motion to approve Resolution R-22-4800, seconded by Mayor Lindamood. 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 There was no one present wishing to speak. 10. REPORTS Library Board Minutes - October 10, 2022 Sign Board of Appeals Minutes - November 8, 2022 Planning and Zoning Commission Minutes - November 14, 2022 Planning and Zoning Commission Worksession Minutes - November 28, 2022 City Council Minutes December 20, 2022 City of Colleyville Page 15 There was no action taken on this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 20, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22-4801 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 12:21 a.m., December 21, 2022. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 3RD DAY OF JANUARY 2023. Minutes taken and prepared by: Christine Loven, TRMC City Secretary