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HomeMy WebLinkAboutCity Council-Minutes-2/7/2023 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, February 7, 2023 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the Colleyville Public Library Long-Range Plan 2023-2028 WS-2 Discussion of 2023 Stars & Guitars Entertainers WS-3 Discussion of the February 7, 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 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Manager 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: Jeff Strickland, Journey Church PLEDGE OF ALLEGIANCE: Councilmember George Dodson City Council Agenda February 7, 2023 City of Colleyville Page 2 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-23-4812 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-23-4813 4a Approval of the minutes of the Special City Council meeting of January 5, 2023 4b Approval of the minutes of the regular City Council meeting of January 17, 2023 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-23-2233 Request to appeal the decision of the Planning and Zoning Commission 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 6. TABLED ORDINANCE(S): SECOND 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 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-23-4814 Consideration of a Minor Plat with a plat waiver for lot width and side yard setbacks for Tract 2EE, Abstract 1248, Thomas J. Polson Survey, located at 400 Black Drive, Case PC22-018 City Council Agenda February 7, 2023 City of Colleyville Page 3 7b Resolution R-23-4815 Consideration of a replat for Lots A1R-1R1 and A1R-1R2, Block 2, Pleasant Oaks Estates Addition, being Lot A1R-1R, Block 2, Pleasant Oaks Estates Addition, located at 600 Leta Lane, Case PC22-021 7c Resolution R-23-4816 Consideration of a replat for Lot 3R, Block 1, Colleyville Estates, being Lot 3 E1/2 LT 2, Block 1, Colleyville Estates, located at 504 Colleyville Terrace, Case PC22-022 8. CITIZEN COMMENTS 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, FEBRUARY 7, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23-4817 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, February 3, 2023 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, February 7, 2023 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, February 7, 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, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Library Director Mary Rodne, members of the Library Board, City Attorney Whitt Wyatt, and City Secretary Christine Loven. Due to audio technology difficulties the meeting restarted at 5:48 p.m. during the delay, all present remained in the room. WS-1 Discussion of the Colleyville Public Library Long-Range Plan 2023-2028 Library Director Mary Rodne gave a brief overview of the history of the Colleyville Library, the previous long range plans, Texas Administrative Code regulations regarding libraries, and introduced the Library Board members in attendance at the meeting. Director Rodne then introduced Aaron Babcock, Hidell and Associates Architects, to present an overview of the updated Plan and noted Mr. Babcock has overseen all of the Library Long Range Plans, and has been instrumental in implementing the plan. Mr. Babcock stated the ten-year plan identifies and reviews community needs regarding Library services and evaluates services and facilities in relation to the community needs, and identifies improvements which will meet those needs. The end result is a working document of goals and objectives which will guide the Library through the next five years and satisfy the Texas State Library mandate of all accredited public libraries having a current Long-Range Plan. In updating the plan, Mr. Babcock noted community factors impacting the Library and an online survey completed by 1,467 participants was analyzed, as well as the current Library collection, peer library analysis, technology, programming, and the facility. He gave an overall review of all findings which noted the Library excels in customer service, circulations, and digital collections. Mr. Babcock stated there are three priorities 1. react to the changing community needs, 2. increase communication regarding Library programs and services, and 3. replace end of life furniture and equipment. City Council Minutes February 7, 2023 City of Colleyville Page 2 There was general discussion regarding the collection offered by the Library and accessibility, and the success of the Library. Director Rodne stated the Plan will be brought forward for City Council approval at a later date. WS-2 Discussion of 2023 Stars & Guitars Entertainers Assistant City Manager Adrienne Lothery stated staff is seeking City Council direction in regard to selecting a 2023 entertainer for the City’s Stars & Guitars even to be held June 23. Manager Lothery noted some of the previous entertainers which were being considered were no longer available Following discussion regarding costs and availability, the City Council directed staff to pursue a contract with Darryl Worley. WS-3 Discussion of the February 7, 2023, City Council regular agenda items Mayor Lindamood stated at the request of the developer, item 5a, Ordinance O- 23-2233, The Bluffs will be tabled. Mayor Lindamood adjourned the Worksession at 6:14 p.m. and called 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 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Manager 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 6:57 p.m. City Council Minutes February 7, 2023 City of Colleyville Page 3 Mayor Lindamood called the regular meeting of the City Council to order at 7:07 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: Jeff Strickland, Journey Church 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-23-4812 This resolution was not needed. Mayor Lindamood announced item 5a, Ordinance O-23-2233, will be tabled at the request of the developer. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS 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. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23- 4813 4a Approval of the minutes of the Special City Council meeting of January 5, 2023 4b Approval of the minutes of the regular City Council meeting of January 17, 2023 Mayor Lindamood read Resolution R-23-4813 in its entirety. There was no discussion and Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. Councilmember Dodson made a motion to approve Resolution R-23-4813, seconded by Councilmember Elder. The motion to approve passed by the following vote: City Council Minutes February 7, 2023 City of Colleyville Page 4 Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-23-2233 Request to appeal the decision of the Planning and Zoning Commission 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 Mayor Pro Tem Wheat made a motion to table Ordinance O-23-2233, seconded by Mayor Lindamood. 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. TABLED ORDINANCE(S): SECOND 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 Councilmember Dodson made a motion to remove Ordinance O-22-2211 from the table, seconded by Councilmember Bond. The motion to remove the ordinance 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. City Council Minutes February 7, 2023 City of Colleyville Page 5 Mayor Lindamood addressed concerns he has been made aware of regarding a perception of City Council and/or City staff receiving “kick-backs” on this project and the City Manager leading City Council and the developer. Mayor Lindamood asked each member of the City Council to respond publicly to the question with all answering no. The same question was asked of the City Manager regarding himself or any other City employee, to which the response was no. Mayor Lindamood stated for the record, it is the job/duty of the City Manager to work with the public, including developers and the City Council. Community Development Director Ben Bryner presented this item, by reviewing the new plan submitted, explaining the lot details, open space, PUD-R regulations within the ordinance and the exhibits. Mayor Lindamood asked each of the Councilmembers if they had questions or would like to state their planned vote. Councilmembers Callie Rigney and Chuck Kelley stated they did not believe the development is right for Colleyville, Councilmembers Elder and Bond both noted they have concerns regarding the amount of opposition, Councilmember Dodson stated the developer has done a lot of work and he will vote yes, Mayor Pro Tem Wheat stated she is undecided, and Mayor Lindamood stated he has concerns regarding the traffic flow. Mayor Lindamood called on developer Eason Maykus to provide a presentation. Mr. Maykus asked if he could provide time to Mrs. Garrison, the property owner. Mayor Lindamood and the Council agreed. Julianna Garrison, the property owner at 6401 Westcoat Drive, spoke regarding the philanthropic work her and her late husband Daniel created and participated in, and the philanthropy which she continues. Mrs. Garrison discussed their vision for the City and their place in it and stated she felt her husband would support this development. Mrs. Garrison then provided 64 letters of support for the project. Mr. Maykus reviewed the plan for Greystone Manor, noting lot sizes were prioritized, a 50 foot buffer was added, and the number of homes have been reduced to 45 from the original 55 planned. Mr. Maykus stated the homes to be built within the development will be of superior quality and will be in place for decades and he hopes the City Council will approve the development. Mayor Lindamood opened the public hearing. The following did not wish to speak but record support: Chris Cantarella, 6600 Pleasant Run Road, Larry Well, 6401 Westcoat. Jason Aguirre, 2402 Wilkes, did not wish to speak but record opposition. Richard Remley, 6803 Fallbrook Court spoke in support. City Council Minutes February 7, 2023 City of Colleyville Page 6 The following spoke in opposition: Christina Bealmear, 300 Stonington Lane, Matthew and Lesley Jones, 512 Harmony Lane, Harold Ledbetter, 6700 Pleasant Run Road, Dee Kelley, 705 Hillside, John Bateson, 209 White Drive, Kathy Hadley, 204 timberline Drive N., Frank and Natalie Genco, 1104 John McCain Road, Heidi Hughes, 411 McDonwell School Road, Diane Brundage, 6508 Westcoat Drive, Igor Motkin, 209 Stonington Lane, Kelly Miller, 6820 Fallbrook Court, Eric Larsen on behalf of step-father Jeff Brundage, residing at 6508 Westcoat, and Larry Williamson, 709 Thomas Street. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Rigney made a motion to deny without prejudice Ordinance O-22-2211, seconded by Councilmember Bond. The motion to deny without prejudice passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Kelley, and Rigney. Nays: 1 – Councilmember Dodson Following the vote, Mr. Maykus asked if he and his team may reach out for direction and guidance. Mayor Lindamood stated yes and advised the without prejudice means the applicant is not subject to the 12-month waiting period. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-23-4814 Consideration of a Minor Plat with a plat waiver for lot width and side yard setbacks for Tract 2EE, Abstract 1248, Thomas J. Polson Survey, located at 400 Black Drive, Case PC22-018 Mayor Lindamood read Resolution R-23-4814 in its entirety. Mayor Lindamood stated he is going to recuse himself because he believes his company may have done the demolition on this property. Mayor Pro Tem Wheat proceeded. Community Development Director Ben Bryner presented this item, a request for a minor plat with a waiver for lot width and side yard setbacks. There was clarification of the flow and collection of water. City Council Minutes February 7, 2023 City of Colleyville Page 7 Mayor Pro Tem Wheat opened and closed the public hearing without anyone wishing to speak. Councilmember Bond made a motion to approve Resolution R-23-4814, seconded by Councilmember Elder. The motion to approve passed by the following vote: Ayes: 6 – Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. Abstain: 1 - Mayor Lindamood. Mayor Lindamood returned to preside. 7b Resolution R-23-4815 Consideration of a replat for Lots A1R-1R1 and A1R-1R2, Block 2, Pleasant Oaks Estates Addition, being Lot A1R-1R, Block 2, Pleasant Oaks Estates Addition, located at 600 Leta Lane, Case PC22-021 Mayor Lindamood read Resolution R-23-4815 in its entirety. Community Development Director Ben Bryner presented this item, a request for a replat to create two platted single-family residential lots from one lot and for one lot to remain as open space. There was discussion of the original plat and the size of the lots requested to be platted. Mayor Lindamood opened the public hearing. Luke Iler, the builder for the applicant advised the City Council he is working with the residents and originally they wanted to build a much larger house and now have changed to wanting a smaller house which will meet the square footage requirements. They are planning on keeping the acre, but not building on it. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. Mayor Lindamood made a motion to approve Resolution R-23-4815, 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. City Council Minutes February 7, 2023 City of Colleyville Page 8 7c Resolution R-23-4816 Consideration of a replat for Lot 3R, Block 1, Colleyville Estates, being Lot 3 E1/2 LT 2, Block 1, Colleyville Estates, located at 504 Colleyville Terrace, Case PC22-022 Mayor Lindamood read Resolution R-23-4816 in its entirety. Community Development Director Ben Bryner presented this item, a replat request in order to allow the construction of an accessory building. There was discussion of regarding the zoning and the zoning within the neighborhood. Mayor Lindamood opened the public hearing. Dee Kelley, 705 Hillside, spoke regarding the request, asking the Council insist on R-20 zoning. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Applicant James Stevens, 504 Colleyville Terrance, was present to answer questions of the City Council. Mayor Lindamood asked the City Attorney if the Council approves the resolution, can they still ask Mr. Stevens to rezone to R-20. City Attorney Wyatt stated approval of the resolution will not interfere with the applicant seeking the R-20, however, the City cannot force the R-20 zoning. James Stevens, Texas Surveying, 104 South Walnut Street, Weatherford, representing the applicant, stated the request for the R-20 zoning was suggested for the property owner, however, they declined. Mr. Stevens noted if it was easy and without cost, they would probably consider the rezoning. Mayor Pro Tem Wheat made a motion to approve Resolution R-23-4816, 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. 8. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive N., spoke regarding crediting older residents for keeping Colleyville Beautiful and discussed a challenge with her mother. City Council Minutes February 7, 2023 City of Colleyville Page 9 Ben Graves, 3304 St. Albans Court, announced his candidacy for City Council. Harold Ledbetter, 6700 Pleasant Run Road, stated he appreciated the City Council and is well aware it is not an easy job. Tammy Nakamura, 1105 Tinker Road, thanked the City Council for their work. Mayor Lindamood wished Mrs. Nakamura a happy birthday. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, FEBRUARY 7, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23-4817 This resolution was not need. 10. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 9:49 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 21ST DAY OF FEBRUARY 2023. Minutes taken and prepared by: Christine Loven, TRMC City Secretary