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HomeMy WebLinkAboutCity Council-Minutes-11/8/2023 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 WEDNESDAY, NOVEMBER 8, 2023 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the 2024 Christmas Tree Lighting Celebration WS-2 Discussion of 2024 Stars & Guitars Artists WS-3 Discussion of the 2024 City Council Meeting Calendar WS-4 Discussion of the November 8, 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 551.071(1)(A) - Legal - Consultation with the City Attorney regarding litigation • Cause No. 352-323927-21; TAP Realty, LLC, et al v. Neighborhood management, Inc. et al; 352nd Judicial District, Tarrant County, Texas Section 551.071(2) - Update on Short Term Rentals (STRs) 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 November 8, 2023 City of Colleyville Page 2 REGULAR MEETING 7:00 P.M. - CITY COUNCIL CHAMBERS INVOCATION: Rabbi Robert Jacobs, Congregation Beth Israel 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-23-4889 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23-4890 4a Approval of the minutes of the regular City Council meetings of October 4, 2023 and October 17, 2023 4b Approval to provide written agreement for the First Renewal Term of a Lease Agreement with Tarrant County 9-1-1 for facility space at the Colleyville Justice Center 4c Approval to purchase a Bobcat Skid-Steer Loader from Bobcat of North Texas, a BuyBoard approved vendor, in an amount not to exceed $63,055.17, and authorizing the City Manager to execute the purchase 4d Approval of a construction contract with Fransen Pittman for the Recreation Center gymnasium remodel, in an amount not to exceed $989,728.00 and a contingency amount not to exceed $50,000.00, and authorizing the City Manager to execute the contract 4e Approval of rejecting all bids for the 2024 Manhole Rehabilitation Project 4f Approval of rejecting all bids for the Tree Trimming Contract 4g Approval of an amendment to the Professional Services Agreement with Garver, LLC, amending the design parameters for Preston Manor Pressure Project in an amount not to exceed $35,463.00, and authorizing the City Manager to execute the amendment 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-23-2269 Consideration of a change of zoning from a PUD-C Planned Unit Development – Commercial district to a PUD-C Planned Unit Development – Commercial district, for Lot 1, Block 1, San Bar Square Addition, located at 105 Cheek-Sparger Road, Case ZC23-006 City Council Agenda November 8, 2023 City of Colleyville Page 3 5b Ordinance O-23-2270 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Planned Unit Development – Commercial Amendment for Lot 2R, Atlantic Oil and Gas Addition, located at 7970 Precinct Line Road, Case ZC23-028 5c Ordinance O-23-2271 Consideration of a Special Use Permit for a carport on Lot 1, Block 1, of the Howard Place Addition, located at 6113 Bransford Road, Case ZC23-030 6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 6a 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 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-23-4891 Consideration of a replat for Lot 16R1, Block 3, Highland Acres Addition, being a portion of Lot 15 and a portion of Lot 16, Block 3, Highland Acres Addition, located at 105 Timberline Drive South, Case PC23-005 7b Resolution R-23-4892 Consideration of a Preliminary/Final Plat for the Park Place Subdivision, being Lot 1, Block 1, Crisp Addition and a portion of Lot 1R, Block 1, Wiggins Addition, located at 5305 Bluebonnet Drive, Case PC23-006 7c Resolution R-23-4893 Consideration of a Preliminary/Final Plat for the Park Place Subdivision, being Lot 1, Block 1, Crisp Addition and a portion of Lot 1R, Block 1, Wiggins Addition, located at 5305 Bluebonnet Drive, Case PC23-007 8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 8a 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 9. CITIZEN COMMENTS City Council Agenda November 8, 2023 City of Colleyville Page 4 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR WEDNESDAY, NOVEMBER 8, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23-4894 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, November 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 100 Main Street, Colleyville, Texas, 76034 WEDNESDAY, NOVEMBER 8, 2023 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Wednesday, November 8, 2023, at 5:30 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, Community Development Director Ben Bryner, Public Works Director Amber Beard, Community Relations and Event Specialist Hailey Waldon, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of the 2024 Christmas Tree Lighting Celebration Assistant City Manager presented this item. Following discussion the City Council agreed to separate the Christmas Tree Lighting event and the Christmas Celebration event beginning in 2024. Manager Lothery also presented the 2023 Colleyville Christmas ornament which will be on sale at the Christmas Tree Lighting. WS-2 Discussion of 2024 Stars & Guitars Artists Community Relations and Event Specialist Hailey Waldon presented this item and reviewed past entertainers for the Stars and Guitars event and sought City Council direction on possible artists for the 2024 Stars and Guitars. WS-3 Discussion of the 2024 City Council Meeting Calendar City Secretary Christine Loven reviewed possible conflicts to the regular 2024 City Council meeting dates. Following review, City Council directed staff to bring forth a resolution at the next meeting changing the regularly scheduled 2024 City Council Meeting of Tuesday, January 2, to Wednesday, January 3, Tuesday, September 3, to Wednesday, September 4, Tuesday, October 1, to Wednesday, October 2, and Tuesday, November 5, to Wednesday, November 6, 2024, to accommodate New Years, Labor Day, National Night Out, and Election Day. City Council Minutes November 8, 2023 City of Colleyville Page 2 WS-4 Discussion of the November 8, 2023, City Council regular agenda items Mayor Lindamood stated he will move agenda item 7c before 7b. Mayor Lindamood adjourned the Worksession at 6:00 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(1)(A) - Legal - Consultation with the City Attorney regarding litigation • Cause No. 352-323927-21; TAP Realty, LLC, et al v. Neighborhood management, Inc. et al; 352nd Judicial District, Tarrant County, Texas Section 551.071(2) - Update on Short Term Rentals (STRs) 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 6:58 p.m. 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 Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. INVOCATION: Rabbi Robert Jacobs, Congregation Beth Israel PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Minutes November 8, 2023 City of Colleyville Page 3 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-23-4889 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council made announcements regarding City and community events. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23-4890 4a Approval of the minutes of the regular City Council meetings of October 4, 2023 and October 17, 2023 4b Approval to provide written agreement for the First Renewal Term of a Lease Agreement with Tarrant County 9-1-1 for facility space at the Colleyville Justice Center 4c Approval to purchase a Bobcat Skid-Steer Loader from Bobcat of North Texas, a BuyBoard approved vendor, in an amount not to exceed $63,055.17, and authorizing the City Manager to execute the purchase 4d Approval of a construction contract with Fransen Pittman for the Recreation Center gymnasium remodel, in an amount not to exceed $989,728.00 and a contingency amount not to exceed $50,000.00, and authorizing the City Manager to execute the contract 4e Approval of rejecting all bids for the 2024 Manhole Rehabilitation Project 4f Approval of rejecting all bids for the Tree Trimming Contract 4g Approval of an amendment to the Professional Services Agreement with Garver, LLC, amending the design parameters for Preston Manor Pressure Project in an amount not to exceed $35,463.00, and authorizing the City Manager to execute the amendment Department Directors presented each of their respective items. There were no questions. Mayor Lindamood opened and closed the public hearing without anyone speaking. Mayor Pro Tem Rigney made a motion to approve Resolution R-23-4890, seconded by Councilmember Bond. City Council Minutes November 8, 2023 City of Colleyville Page 4 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-23-2269 Consideration of a change of zoning from a PUD-C Planned Unit Development – Commercial district to a PUD-C Planned Unit Development – Commercial district, for Lot 1, Block 1, San Bar Square Addition, located at 105 Cheek-Sparger Road, Case ZC23-006 Mayor Lindamood read the caption of Ordinance O-23-2269. Community Development Director Ben Bryner presented this request to change zoning to the PUD-C district to allow for two medical and general office with the base zoning being CPO Professional Office district. There was discussion regarding this being an updated plan from that which was presented to the Planning and Zoning Commission and City Council wanting to ensure this plan still meets with their approval. There was discussion regarding adding an emergency gate, curbs, and based on citizen comments during the public hearing, convening the staff Traffic Safety Advisory Committee to review the need for stop signs in the area. Mayor Lindamood opened the public hearing. Mark and Sharon Dowdey, 200 Greenbriar Lane, spoke in opposition to the item. There were no others wishing to speak and Mayor Lindamood closed the public hearing. This was a first reading and no action was taken. 5b Ordinance O-23-2270 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Planned Unit Development – Commercial Amendment for Lot 2R, Atlantic Oil and Gas Addition, located at 7970 Precinct Line Road, Case ZC23-028 Mayor Lindamood read the caption of Ordinance O-23-2270. Community Development Director Ben Bryner presented this item to appeal the Planning and Zoning Commission denial to amend the existing PUD-C (Planned City Council Minutes November 8, 2023 City of Colleyville Page 5 Unit Development – Commercial) ordinance which was approved in 2000 and the approved site plan exhibit showed one drive-thru restaurant building. The applicant desires to amend the ordinance to allow a Tommy’s Express carwash development. There was discussion of tree preservation, hours of operation, the land use if the restaurant use remained, minimum distance from parking to homes, a conservation easement, and the noise study. Applicant Tanner Grant provided a presentation on the background and operations of a Tommy’s Express, and requested the operating hours be allowed to remain at 7 a.m. to 8 p.m. to provide for the car wash to be used by morning commuters. Ryan Scout, PE, esi engineering, reviewed the findings of the noise study and answered questions of the City Council. Mayor Lindamood opened the public hearing. Those who did not speak, but wished to register opposition were: Kathy Nelson, 5700 Heron Drive East, Scott and Lindsey Podednik, 5736 Heron Drive West, Dan Lockard, 1004 Heron Drive East, Richard and Shannon Berquist, 5721 Heron Drive East, Bryan and Denise White, 5613 Heron Drive East, Bonita Davis, 5616 Heron Drive East, Thomas Daniell, 5616 Heron Drive East, Stine Goodwin and Alanna Agustin, Bear Creek Academy, 7900 Precinct Line Road, John C. Bay, 1005 Heron Drive East, Nancy Hanson, 1008 Heron Drive West, Leslie Gracey, 5724 Heron Drive West. Speaking in opposition were Robin Kuntz, 1008 Heron Drive East, who stated she is representing 34 of the 48 home owners, Hallye Fletcher, Laura Keefe, Kayla Sutton, representing Bear Valley Academy, 7900 Precinct Line Road, Jeff Mills, 5728 Heron Drive West, and Sayeda Sayed, 6705 Sapphire Circle North. Those who did not speak, but wished to register support were: Nick Smith, 7219 Oak Alley Drive and Laura Miller, 703 Marie Drive. Speaking in support were Sridhar Kantramsetty, 8735 Large Canyon Road, Irving. There were no others wishing to speak and Mayor Lindamood closed the public hearing. The applicant, Mr. Tanner addressed questions regarding the sale of the property being contingent on the passage of the amended ordinance, stated Precinct Line Road is a state highway, and advised the City Council if they desire the wall to be 10’ instead of the 8’ wall required, he will agree to it. This was a first reading and no action was taken. City Council Minutes November 8, 2023 City of Colleyville Page 6 Mayor Lindamood declared a recess at 9:20 p.m. and reconvened at 9:34 p.m. 5c Ordinance O-23-2271 Consideration of a Special Use Permit for a carport on Lot 1, Block 1, of the Howard Place Addition, located at 6113 Bransford Road, Case ZC23- 030 Mayor Lindamood read the caption of Ordinance O-23-2271. Community Development Director Ben Bryner presented this item. He noted the original approval was for an addition to the house, and during the time of construction the owner wanted to add a carport, which was constructed without a permit. Director Bryner noted the carport exceeded the dimensions allowed in the Land Development Code by a minimal amount, but does match the house and meets all other requirements. There was discussion regarding if the area was a patio or a portion was used as a patio and the other as a carport, if it would be allowed under the permit. Director Bryner and City Manager Jerry Ducay noted an SUP would be needed for any portion of the carport and the resident would be better served by going forward with the SUP. Mayor Lindamood opened and closed the public hearing without anyone speaking. This was a first reading and no action was taken. 6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 6a 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 Councilmember Elder made a motion to remove Ordinance O-23-2265 from the table, seconded by Mayor Lindamood. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. Mayor Lindamood read the caption of Ordinance O-23-2265. Community Development Director Ben Bryner presented this item and stated additional photos had been provided by the applicant. City Council Minutes November 8, 2023 City of Colleyville Page 7 There was discussion regarding the fence location, trees, and why the fence was built without a permit. Applicant Laura Miller, 703 Marie, reviewed the events which led to the fence being built in a manner to protect trees, the timing of the change in regulations for the construction of the fence, and her desire to have the fence for an area where her children could play. Mayor Lindamood opened the public hearing. Speaking in support of this item were: Nick Smith, the builder, 7219 Oak Alley, and Dennis Looney, 1412 Manchester Court. There were no others wishing to speak and Mayor Lindamood closed the public hearing. There was discussion regarding the City Council revisiting these regulations. Mayor Lindamood made a motion to approve Ordinance O-23-2265 and charge the applicant with a small fine for building the fence without a permit, at staff’s discretion, seconded by Mayor Pro Tem Rigney. The motion was approved by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, and Graves. Nays: 1 – Councilmember Kelley 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-23-4891 Consideration of a replat for Lot 16R1, Block 3, Highland Acres Addition, being a portion of Lot 15 and a portion of Lot 16, Block 3, Highland Acres Addition, located at 105 Timberline Drive South, Case PC23-005 Mayor Lindamood read Resolution R-23-4891 in its entirety. Community Development Director Ben Bryner presented this item and noted the replat will recognize two partial lots becoming one platted lot. There was no discussion and Mayor Lindamood opened and closed the public hearing without anyone speaking. City Council Minutes November 8, 2023 City of Colleyville Page 8 Councilmember Bond made a motion to approve Resolution R-23-4891, seconded by Councilmember Richardson. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. Mayor Lindamood stated he is going to change the order and place item 7c. before 7b. 7b Resolution R-23-4892 Consideration of a Preliminary/Final Plat for the Park Place Subdivision, being Lot 1, Block 1, Crisp Addition and a portion of Lot 1R, Block 1, Wiggins Addition, located at 5305 Bluebonnet Drive, Case PC23-006 As Resolution R-23-4893 was approved, this resolution was not needed. 7c Resolution R-23-4893 Consideration of a Preliminary/Final Plat for the Park Place Subdivision, being Lot 1, Block 1, Crisp Addition and a portion of Lot 1R, Block 1, Wiggins Addition, located at 5305 Bluebonnet Drive, Case PC23-007 Mayor Lindamood read Resolution R-23-4893 in its entirety. He noted there was a lot of discussion at the Planning and Zoning Commission regarding this item and Resolution R-23-4892 and it appeared Resolution R-23-4893 met the desires of the Planning and Commission and residents. Community Development Director Ben Bryner presented this item, a request for a Preliminary/Final Plat with Plat Waivers for the number of lots on a cul-de-sac, right-of-way, and pavement widths for the Park Place Addition. He stated the Planning and Zoning Commission recommended connection to Janet Lane be provided through an emergency access easement, to include the standard fire lane and a gate and the applicant has provided updated plans showing this connection. Director Bryner stated with this plan, the plat waiver requests are no longer required for approval of this layout. Curtis Young, the applicant, was present to answer questions of the City Council and noted this layout brings the development into compliance with the Land Development Code. City Fire Marshal Rob McKeown stated a concrete fire lane and key access to the emergency gate is required. Mayor Lindamood opened the public hearing. City Council Minutes November 8, 2023 City of Colleyville Page 9 Speaking in support of this item were: Joe Stout, 5505 Janet Lane, President of Kingswood HOA, stated the residents are in favor of this plan, Craig Richards, 5212 Coventry Court, and Katie McCaughey, 5403 Jane Lane. Not speaking, but registering support were: Suzanne Severide, 5405 Janet Lane and Amy Campbell, 1502 Kingswood. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Graves made a motion to approve Resolution R-23-4893, 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. 8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 8a 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 This item remained tabled. 9. CITIZEN COMMENTS Sayeda Syed, 6705 Sapphire Circle North, spoke regarding speed limits on Tennison, and conducting a joint Planning and Zoning Commission/City Council meeting. Nancy Rogers, 1612 Cherry Lane, discussed the approved cul-de-sac development which her properties backs up to. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR WEDNESDAY, NOVEMBER 8, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23-4894 This resolution was not needed. City Council Minutes November 8, 2023 City of Colleyville Page 10 11. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 10:43 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 21ST DAY OF NOVEMBER 2023. Minutes taken and prepared by: Christine Loven, TRMC City Secretary