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HomeMy WebLinkAboutCity Council-Minutes-1/3/2023 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, January 3, 2023 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of fire suppression requirements WS-2 Update on the proposed Heritage Avenue Street Improvements Project WS-3 Discussion of the January 3, 2023, 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 INVOCATION: Dale Molden, First Colleyville 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-23-4802 City Council Agenda January 3, 2023 City of Colleyville Page 2 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-23- 4803 4a Approval of the minutes of the regular City Council meeting of December 20, 2022 4b Approval to purchase an emergency generator from L.J. Power, Inc., an approved BuyBoard Cooperative Purchasing Program vendor, in the amount of $67,732, plus a contingency of $6,000, and authorizing the City Manager to execute the purchase 4c Establishing the Heroes Park Design Committee and appointing members 4d Approval of a professional services agreement with Freese and Nichols, Inc. to develop a conceptual design for Heroes Park 5. TABLED ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-22-2211 CITY COUNCIL PLANS TO REMOVE THIS ITEM FROM THE TABLE 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 6. CITIZEN COMMENTS 7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JANUARY 3, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23-4804 8. ADJOURNMENT City Council Agenda January 3, 2023 City of Colleyville Page 3 I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 30, 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, January 3, 2023 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, January 3, 2023, 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, Assistant Fire Chief Tim Folden, Fire Marshal Rob McKeown, Community Development Director Ben Bryner, Public Works Director Amber Beard, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of fire suppression requirements Assistant Fire Chief Tim Folden presented this item and reviewed the historical and current regulations and statistics regarding residential and commercial sprinkler requirements. There was discussion on the costs to homeowners and options for amending or repealing the ordinance, and advising homeowners of the benefits of fire suppression, but not requiring them. Following discussion, Council directed staff to repeal the ordinance. WS-2 Update on the proposed Heritage Avenue Street Improvements Project Public Works Director Amber Beard presented this item and reviewed the components of the improvements. There was discussion of the funding source, and City Council asked the cross-walk be reviewed, and if there are no flashers in the cross-walk, to research if they can be added. WS-3 Discussion of the January 3, 2023, City Council regular agenda items Mayor Lindamood noted there will be an updated plan provided by the developer of Greystone Manor for the City Council to review when the item is considered under agenda item 5a. City Council Minutes January 3, 2023 City of Colleyville Page 2 Mayor Lindamood closed the worksession at 6:02 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 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: Dale Molden, First Colleyville 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-23-4802 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS City Council Minutes January 3, 2023 City of Colleyville Page 3 Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Lindamood and the City Council made announcements regarding City and community events. Mayor Lindamood presented the first ever Mayor's Award for Excellence in Community Service to Jason Ridley, noting he is an owner of multiple businesses in Colleyville, is active in nearly every social, civic, and volunteer organization within the City. Mayor Lindamood said Jason’s tireless efforts, and amazing generosity, has made a difference in many lives, and we as a community are better because he is among us. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23-4803 4a Approval of the minutes of the regular City Council meeting of December 20, 2022 4b Approval to purchase an emergency generator from L.J. Power, Inc., an approved BuyBoard Cooperative Purchasing Program vendor, in the amount of $67,732, plus a contingency of $6,000, and authorizing the City Manager to execute the purchase 4c Establishing the Heroes Park Design Committee and appointing members 4d Approval of a professional services agreement with Freese and Nichols, Inc. to develop a conceptual design for Heroes Park Mayor Lindamood read Resolution R-23-4803 in its entirety. Councilmember Dodson made a motion to remove item 4d from the Consent Agenda so it can be discussed and considered as a standalone resolution, seconded by Mayor Lindamood. The motion to remove item 4d from the Consent Agenda passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Public Works Director Amber Beard presented item 4b. Councilmember Dodson asked Director Beard to advise regarding the number of events at Overland Trail over which have occurred requiring a generator, what the City Council Minutes January 3, 2023 City of Colleyville Page 4 tank capacity is and how long the proposed generator could operate, if there were any higher priority needs, and what the funding source would be. Director Beard responded there have been approximately 20 events, the tank capacity of the proposed generator is a 65 gallon tank with an expected run time of three days, there were no additional higher priority needs at this time, and the $70,000 has been budgeted in the CIP, and staff expects a savings in the WW Project 10: Rehabilitation of Priority Two Manholes CIP line item, to provide for the remaining funding. Mayor Lindamood presented 4c, stating the Committee would be charged with design concepts for a renovated Heroes Park and shared the credentials of each member to be appointed to the Committee. There was discussion regarding the anticipated size and location of the park. Councilmember Dodson stated he had asked for item 4d to be considered separately as he did not want the City to pay a consult to be present at the meetings until the Committee had an opportunity to meet and come up with concepts. Though item 4d was removed from the Consent Agenda, Assistant City Manager Adrienne Lothery provided a presentation and noted the contract with Freese and Nichols would include a topographic survey, benchmarking site visits, two preliminary design concepts, meeting with the Heroes Park Design Committee, City Council Worksession presentations, and a public open house. The contract costs are for those services and a basic design and final concept plan based on feedback. Councilmember Dodson stated we had worked with Freese and Nichols before regarding Heroes Park and he felt the design was overdone and out of line with an anticipated budget. He noted Freese and Nichols visiting sites with the Committee and attending their meetings are a time and material charge he feels could be avoided if the Committee were allowed to plan first. There was discussion of adding language to the agreement which would provide for site visits to be at the City’s discretion and charged solely on a time and materials basis. Mayor Lindamood opened the public hearing. Harold Ledbetter, 6700 Pleasant Run Road, spoke in opposition to item 4b with concerns for return on investment, maintenance needs, propane having a longer shelf life than diesel, and the contract language regarding installation. There were no others wishing to speak and Mayor Lindamood closed the public hearing. City Council Minutes January 3, 2023 City of Colleyville Page 5 Mayor Pro Tem Wheat made a motion to approve Resolution R-23-4803, 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. 5. TABLED ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-22-2211 CITY COUNCIL PLANS TO REMOVE THIS ITEM FROM THE TABLE 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 Lindamood made a motion to remove Ordinance O-22-2211 from the table, seconded by Mayor Pro Tem Wheat. The motion to remove Ordinance O-22-2211 from the tabled 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. Community Development Director Ben Bryner presented this item and reviewed the changes proposed by the developer since the last meeting. Eason Maykus, the applicant, also provided a presentation and answered questions or the Council. There was discussion by each Councilmember seeking clarification of the proposed plans, lot size, drainage, and open space. Mayor Lindamood opened the public hearing at 8:34 p.m. Mayor Lindamood read the names of the following who do not wish to speak, but be on record of opposition: Tim Waterworth, 3808 Rockbrook Court, Jason Aguirre, City Council Minutes January 3, 2023 City of Colleyville Page 6 2402 Wilkes Drive, Sharon and John Bateson, 209 White Drive, Kerry Konecy, 516 Tumbleweed Trail, and Wilf Cameron, 309 Stunington Lane. Mayor Lindamood read the names of the following who do not wish to speak, but be on record of support: Chris and Kerin Cantarella, 6600 Pleasant Run Road, Mallie Stowy, 1705 Prince Meadow Drive, and Judith Stewart, 6408 Cutter Ridge Court. Speaking in support of this item were Bryan Grant, 6504 Cutter Ridge Court, Matthew Colby, 7001 Lyndsey North, Steven Cade, 4113 York Drive, Richard Remley, 6803 Fallbrook Court, Michael V. Capps, 6116 Legacy Trail, Drew Byrd, 6402 Cutter Ridge, Heidi Hughes, 411 McDonwell School Road, and Julianna Garrison, 6401 Westcoat Drive. Speaking in opposition of this item were Harold Ledbetter, 6700 Pleasant Run Road, Jeff and Diane Brundage, 6508 Westcoat Drive, Sheli Konecroy, 516 Tumbleweed Trail, Dee Kelley, 705 Hillside, Diana Light, 6905 Westmont Drive, Roger Taylor, 210 Colden Court, Colleen Bailey, 111 W. McDonwell School Road, Dennis Newgren, 208 John McCain Road, Wayne Irwin, 301 Oldenwood Court, and Bobby Rauls, 845 Meadowbrook, Grapevine. There were no others wishing to speak and Mayor Lindamood closed the public hearing at 10:06 p.m. Mayor Lindamood called a recess at 10:08 p.m. and reconvened at 10:23 p.m. Mr. Eason reviewed with City Council the comments he had heard from the public, and reviewed the direction provided by City Council. Mayor Pro Tem Wheat made a motion to table Ordinance O-22-2211, seconded by Councilmember Kelley. 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. 6. CITIZEN COMMENTS There was no one present wishing to speak. City Council Minutes January 3, 2023 City of Colleyville Page 7 7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JANUARY 3, 2023 - READING AND PUBLIC HEARING - RESOLUTION R- 23-4804 Mayor Lindamood read Resolution R-23-4804 in its entirety. There was discussion of amending the agreement to allow the City to terminate the contract any time without penalty and only pay time and material at that point and general discussion of dedicating more area as park land. Mayor Lindamood opened the public hearing. Harold Ledbetter, 6700 Pleasant Run Road asked Council to consider putting timelines into the agreement. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Dodson made a motion to approve Resolution R-23-4804, with the amendment the agreement state that the City may terminate the agreement at any time without penalty and only pay time and material at that point, seconded by Councilmember Kelley. 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. 8. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 11:15 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 17TH DAY OF JANUARY 2023. Minutes taken and prepared by: Christine Loven, TRMC City Secretary