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HomeMy WebLinkAboutCity Council-Minutes-10/4/2023 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 WEDNESDAY, OCTOBER 4, 2023 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Update and discussion of the Colleyville Recreation Center WS-2 Discussion of the October 4, 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: Pastor Mike Dawson, First United Methodist 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-23-4881 City Council Agenda October 4, 2023 City of Colleyville Page 2 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS A proclamation in recognition of the Colleyville Rotary Club 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23- 4882 4a Approval of a Professional Services Agreement with Harvest MXD for development advisory services for the Northern Gateway 4b Approval of the nomination of candidate(s) for Tarrant Appraisal District Board of Directors 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-23-2262 Consideration of a Rezoning from AG Agricultural to R-20 Single Family Residential for Tract 2B09B, Abstract 439, CC Doss Survey, located at 5209 Pool Road, Case ZC23-020 5b Ordinance O-23-2263 Consideration of a Special Use Permit to allow a fence for Lot 5, Block 5, Woodbriar Estates Addition, located at 3716 Briarhaven Lane, Case ZC23-021 5c Ordinance O-23-2264 Consideration of a Special Use Permit to allow for a fence for Lot 1, Block 1, Naler Addition, located at 6101 Waller Lane, Case ZC23-022 5d Ordinance O-23-2265 Consideration of a Special Use Permit to allow for a fence for Lot 4, Block C, Legacy North, located at 703 Marie Drive, Case ZC23-023 5e Ordinance O-23-2266 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit to allow for a fence and an accessory building for Lot 1, Block B, Legacy North, located at 812 Sawyer Drive, Case ZC23-024 5f Ordinance O-23-2267 Consideration of a Special Use Permit to allow for a Veterinarian Clinic for a for Lot 1, Block A, 170 Players Addition, located at 3825 Glade Road, Suite 130, Case ZC23-026 5g Ordinance O-23-2268 Consideration of a Special Use Permit to allow for a fence for Tract 3K & TR 3Y, Abstract 211, BBB & C RY Survey, located at 509 West LD Lockett Road, Case ZC23-027 City Council Agenda October 4, 2023 City of Colleyville Page 3 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-23-4883 Consideration of a variance to lot size, lot coverage, and side yard setbacks for lot 27, Community Home Addition, located at 1611 Cherry Lane, Case VC23-004 6b Resolution R-23-4884 Consideration of a variance to lot coverage for Lot 34, Block 1, Oak Alley, located at 7220 Oak Alley, Case VC23-005 7. CITIZEN COMMENTS 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR WEDNESDAY, OCTOBER 4, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23-4885 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 29, 2023 by 5:00 p.m. Angela Larson Assistant 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 100 Main Street, Colleyville, Texas, 76034 WEDNESDAY, OCTOBER 4, 2023 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Wednesday, October 4, 2023, at 5:32 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. 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, Parks and Recreation Director Lisa Escobedo, City Attorney Whitt Wyatt, and Assistant City Secretary Angela Larson. At 5:35 p.m. the meeting was stopped as there were audio difficulties. The meeting resumed at 5:48 p.m. and the Mayor called roll with all Councilmembers present. WS-1 Update and discussion of the Colleyville Recreation Center Assistant City Manager Mark Wood presented this item noting the great turnout at the Rec Center’s Open House, current timeframe for phase one completion, and sought direction for future planning. Manager Wood provided the recreation center amenities report from the Parks and Recreation Advisory Board meeting on July 10, 2023, and discussed citizen feedback from the Open House. There was discussion of a fitness center, aquatic center, and an area for food and beverages. The City Council requested to continue discussion and phase clarification on future worksessions. WS-2 Discussion of the October 4, 2023, City Council regular agenda items Mayor Lindamood announced he will be nominating Rich Deotte, Gary Losada, and Vince Puente for the Tarrant Appraisal Board of Directors on agenda item 4b. City Manager Jerry Ducay referenced the original ordinance provides a directive for the Legacy North development regarding residential lot setbacks and land use on agenda item 5d and 5e. City Council Minutes October 4, 2023 City of Colleyville Page 2 Mayor Lindamood adjourned the Worksession at 6:20 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 6:47 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:00 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. INVOCATION: Pastor Mike Dawson, First United Methodist 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-23-4881 Mayor Lindamood read Resolution R-23-4881 in its entirety. Assistant City Manager Mark Wood presented the Colleyville Gives and Christmas Gift Card program noting how each program works and the utilization and success of the programs. City Council Minutes October 4, 2023 City of Colleyville Page 3 Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Pro Tem Rigney made a motion to approve Resolution R-23-4881, seconded by Councilmember Bond. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council made announcements regarding City and community events. A proclamation in recognition of the Colleyville Rotary Club Mayor Lindamood was joined by Colleyville Rotary Club members Leslie Hill – President, Tina Anderson, Chris McNeal, Keith Kithsiri, Bruce Stacy, Megan Palmer, Edith Chimao, Mark Wood, Jerry Ducay, and Adrienne Lothery. Mayor Lindamood presented a proclamation in recognition of the Colleyville Rotary Club’s successes and contributions. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23- 4882 4a Approval of a Professional Services Agreement with Harvest MXD for development advisory services for the Northern Gateway 4b Approval of the nomination of candidate(s) for Tarrant Appraisal District Board of Directors Mayor Lindamood read Resolution R-23-4882 in its entirety. Assistant City Manager Mark Wood presented item 4a, noting the Northern Gateway’s site details, development advisory proposal, and how the project is broken out into milestones which can be stopped at any time. Mayor Lindamood made a nomination of Rich Deotte, Gary Losada, and Vince Puente for the Tarrant Appraisal Board of Directors. Mayor Lindamood opened the public hearing. Daniel Bennett, 408 Pemberton Street, White Settlement, TX, 76108, spoke in support of Mayor Lindamood’s nomination. City Council Minutes October 4, 2023 City of Colleyville Page 4 There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Lindamood made a motion to approve Resolution R-23-4882, with the nominations of Rich Deotte, Gary Losada, and Vince Puente for the Tarrant Appraisal Board of Directors, seconded by Councilmember Elder. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-23-2262 Consideration of a Rezoning from AG Agricultural to R-20 Single Family Residential for Tract 2B09B, Abstract 439, CC Doss Survey, located at 5209 Pool Road, Case ZC23-020 Mayor Lindamood read the caption of Ordinance O-23-2262. Community Development Director Ben Bryner presented this item to rezone from AG Agricultural to R-20 Single Family Residential for a rebuild of a home on the property. Director Bryner noted the property is designated as residential based on the land use map. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading with no action taken. 5b Ordinance O-23-2263 Consideration of a Special Use Permit to allow a fence for Lot 5, Block 5, Woodbriar Estates Addition, located at 3716 Briarhaven Lane, Case ZC23-021 Mayor Lindamood read the caption of Ordinance O-23-2263. Community Development Director Ben Bryner presented this item for an SUP to replace an existing fence on the street side of the property with eight foot cedar wood fencing. There was discussion regarding the replacement and height of the fence and current code regulations. City Council Minutes October 4, 2023 City of Colleyville Page 5 Chelsea Martinez, homeowner at 3716 Briarhaven Lane, noted the fence is falling down and is asking to replace the fence which would only have a section of eight feet and taper down to seven and six feet of height. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading with no action taken. 5c Ordinance O-23-2264 Consideration of a Special Use Permit to allow for a fence for Lot 1, Block 1, Naler Addition, located at 6101 Waller Lane, Case ZC23-022 Mayor Lindamood read the caption of Ordinance O-23-2264. Community Development Director Ben Bryner presented this item for an SUP to allow for an entire opaque six-foot wood fence. Director Bryner noted the current code allows for only 25 percent of an opaque fence regarding this property. There was discussion of having a portion of the wood fence with some wrought iron fencing and vegetation. Dee Ann Naler, homeowner at 6101 Waller Lane, stated the current fence is wire and T-post and is requesting to replace it with a cedar fence for a bit more privacy. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading with no action taken. 5d Ordinance O-23-2265 Consideration of a Special Use Permit to allow for a fence for Lot 4, Block C, Legacy North, located at 703 Marie Drive, Case ZC23-023 Mayor Lindamood read the caption of Ordinance O-23-2265. Community Development Director Ben Bryner presented this item for an SUP to allow for a fence to extend beyond the street side yard setback. City Manager Jerry Ducay referenced the original ordinance provides a directive for the Legacy North development regarding residential lot setbacks and land use. Mayor Lindamood thanked City Manager Ducay for the clarification. There was discussion regarding this property and other homes in the community having a fence permit. City Council Minutes October 4, 2023 City of Colleyville Page 6 Laura Miller, homeowner at 703 Marie Drive, noted she was unaware of the fencing requirements and requested to have an allowance to keep the fence where it is. Nick Smith, Kensington Homes builder, spoke in support of Laura Miller’s request. Laura Miller asked if this item can be decided on a later date, rather than the next scheduled City Council meeting. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading with no action taken. 5e Ordinance O-23-2266 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit to allow for a fence and an accessory building for Lot 1, Block B, Legacy North, located at 812 Sawyer Drive, Case ZC23-024 Mayor Lindamood read the caption of Ordinance O-23-2266. Community Development Director Ben Bryner presented this item for an SUP to allow for a fence and patio cover to extend into the street side yard setback. Director Bryner noted the land development code does not allow for fencing along the street side yard setback regarding this site. Mike Farley, with Claffey Pools, clarified the request will only be for the fencing and not the patio cover. Travis Franks, WillowTree Custom Homes builder, stated his support for the request of a fence. There was discussion of remanding this case back to the Planning and Zoning Commission with the updated plans without the patio cover before final determination at a future meeting. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading with no action taken. 5f Ordinance O-23-2267 Consideration of a Special Use Permit to allow for a Veterinarian Clinic for a for Lot 1, Block A, 170 Players Addition, located at 3825 Glade Road, Suite 130, Case ZC23-026 Mayor Lindamood read the caption of Ordinance O-23-2267. City Council Minutes October 4, 2023 City of Colleyville Page 7 Community Development Director Ben Bryner presented this item for a SUP to allow for an existing veterinarian clinic to expand to the vacant office next to it. Councilmember Graves expressed his appreciation of TruBond for their donations to the community. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading with no action taken. 5g Ordinance O-23-2268 Consideration of a Special Use Permit to allow for a fence for Tract 3K & TR 3Y, Abstract 211, BBB & C RY Survey, located at 509 West LD Lockett Road, Case ZC23-027 Mayor Lindamood read the caption of Ordinance O-23-2268. Community Development Director Ben Bryner presented this item for a SUP to allow for an opaque cedar fence within the street side yard setback. Mayor Lindamood recused himself from deliberation of this item, as his company had worked on this property. Cory Watson, homeowner at 509 West LD Lockett Road, clarified his request to extend a portion of existing cedar wood fencing. Mayor Pro Tem Rigney opened and closed the public hearing without any speakers. This was a first reading with no action taken. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-23-4883 Consideration of a variance to lot size, lot coverage, and side yard setbacks for lot 27, Community Home Addition, located at 1611 Cherry Lane, Case VC23-004 Mayor Lindamood read Resolution R-23-4883 in its entirety. Community Development Director Ben Bryner presented this item for the consideration of a variance to the lot size, lot coverage, and side yard setbacks for this property. There was discussion of zoning, drainage concerns, and a tree survey. City Council Minutes October 4, 2023 City of Colleyville Page 8 Colin Travis, homeowner at 1611 Cherry Lane, stated there are no drainage issues on his property. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Lindamood made a motion to table Resolution R-23-4883, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 7 - Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. 6b Resolution R-23-4884 Consideration of a variance to lot coverage for Lot 34, Block 1, Oak Alley, located at 7220 Oak Alley, Case VC23-005 Mayor Lindamood read Resolution R-23-4884 in its entirety. Community Development Director Ben Bryner presented this item for the consideration of a variance to lot coverage for this property, noting the property has already maximized its lot coverage. Nadia Malik, homeowner at 7220 Oak Alley, stated she was unaware a patio cover structure would count toward lot coverage. Muneer Malik, homeowner at 7220 Oak Alley, asked for clarification of patio coverings. There was discussion of options for shading other than a patio cover structure. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Pro Tem Rigney made a motion to deny Resolution R-23-4884, seconded by Councilmember Kelley. The motion was approved by the following vote: Ayes: 7 - Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. 7. CITIZEN COMMENTS Sayeda Syed, 6705 Sapphire Circle North, spoke regarding the Northern Gateway columns. City Council Minutes October 4, 2023 City of Colleyville Page 9 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR WEDNESDAY, OCTOBER 4, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23-4885 This resolution was not needed. 9. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 10:17 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 8TH DAY OF NOVEMBER 2023. Minutes taken and prepared by: Angela Larson Assistant City Secretary