HomeMy WebLinkAboutCity Council-Minutes-12/5/2023
City of Colleyville Page 1
CITY OF COLLEYVILLE
CITY COUNCIL MINUTES
100 Main Street, Colleyville, Texas, 76034
TUESDAY, DECEMBER 5, 2023
Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on
Tuesday, December 5, 2023, at 5:31 p.m.
ROLL CALL: Mayor Bobby Lindamood, and Councilmembers Brandi Elder, George
Bond, Scotty Richardson, and Ben Graves.
Absent: Mayor Pro Tem Callie Rigney, and Councilmember Chuck Kelley.
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Adrienne
Lothery, Police Chief Michael Miller, Police Captain Chuck Tinsman, Fire Chief Mark
Cantrell, Community Development Director Ben Bryner, Public Works Director
Amber Beard, City Engineer Larry Wright, City Attorney Whitt Wyatt, and City
Secretary Christine Loven.
WS-1 Presentation and Discussion of Heroes Park 30% Design
Assistant City Manager Adrienne Lothery provided a recap of the inception and
concept of Heroes Park and stated the Freese and Nichols team will provide a
presentation on the design refinements, proposed graphics, and sculptures, and
will seek feedback from the City Council. She then introduced Wendy Bonneau,
with Freese and Nichols, who introduced the Freese and Nichols team Sherry
Cheng, Henry Hartshorm, Gaylen Laing, Clay Trammell, and Chris Frison, and
began the presentation. Ms. Bonneau and Ms. Cheng reviewed the schematic
design, site plan, memorial and event areas, and the opinion of probable cost. Mr.
Laing reviewed the pavilion and stage structures, and Mr. Frison reviewed the
graphics and wall design.
There was discussion of the pavilion and stage roof material, the capacity of the
event area and planning for future expansion. Each of the design elements were
discussed and City Council directed staff to move forward with securing the
statues, the design and material of the eternal flame, and the graphics on the
conflict walls and plaques honoring service. Staff will plan for a public open house
in mid-February and Freese and Nichols will present 60% plans to Council in mid-
March.
City Manager Jerry Ducay stated the funding for Heroes Park will be from the TIF
and Mayor Lindamood thanked the Heroes Park Design Committee for their service
to the City.
City Council Minutes December 5, 2023
City of Colleyville Page 2
WS-2 Discussion of the December 5, 2023, City Council regular agenda items
There was no discussion of this item.
Mayor Lindamood adjourned the Worksession at 6:31 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
6:58 p.m.
Mayor Lindamood called the regular meeting of the City Council to order at 7:09
p.m. and called the roll.
ROLL CALL: Mayor Bobby Lindamood, and Councilmembers Brandi Elder, George
Bond, Scotty Richardson, and Ben Graves.
Absent: Mayor Pro Tem Callie Rigney, and Councilmember Chuck Kelley.
INVOCATION: Neda Moyad, Baha'i Community
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-23-4899
This resolution was not needed.
City Council Minutes December 5, 2023
City of Colleyville Page 3
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Mayor Lindamood and the City Council made announcements regarding City and
community events.
Presentation to the Colleyville Police Department in recognition of
achieving state reaccreditation from the Texas Police Chiefs
Association Accreditation Program -TPCA representative and
Bridgeport Police Chief Steve Stanford to Mayor Bobby Lindamood and
Colleyville Police Chief Michael Miller
Texas Police Chief’s Association (TPCA) Representative Steve Stanford, Bridgeport
Police Chief, presented Chief Miller and Mayor Lindamood with a certificate
recognizing the Police Department’s achievement of obtaining reaccreditation in
the TPCA Accreditation program. Chief Stanford explained the very astringent
program, noting there are 173 professional and demanding standards which a
department is evaluated on and there are less than 200 departments across the
entire state which have received the accreditation, and even fewer who have been
reaccredited. Mayor Lindamood thanked Chief Miller for their work and stated the
department is the best in the world. Chief Miller recognized department individuals
and collectively the entire department for their success. Chief Miller also noted the
Colleyville Police Department of one of only five departments in the state to obtain
both state and national accreditation.
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23-4900
4a Approval of the minutes of the regular City Council meeting of November
21, 2023
4b Approval of the sale of property, seized items, found items, obsolete and
non-serviceable equipment
4c Approval of a construction contract with C. Green Scaping, LP, for the
FY23 Green Ribbon Project, in an amount not to exceed $147,305.00
and a contingency amount not to exceed $20,000.00, and authorizing
the City Manager to execute the contract
4d Approval of an Interlocal Agreement for public health authority
inspection services between Tarrant County and the City of Colleyville
Mayor Lindamood read Resolution R-23-4900 in its entirety.
Public Works Director Amber Beard presented items 4b and 4c and Community
Development Director Ben Bryner presented item 4d.
City Council Minutes December 5, 2023
City of Colleyville Page 4
Mayor Lindamood opened and closed the public hearing without anyone speaking.
Councilmember Elder made a motion to approve Resolution R-23-4900,
with a correction to the November 21, 2023 City Council Minutes as
reviewed with Council and staff, seconded by Councilmember Graves.
The motion was approved by the following vote:
Ayes: 5 – Mayor Bobby Lindamood, and Councilmembers Brandi Elder,
George Bond, Scotty Richardson, and Ben Graves.
Absent: Mayor Pro Tem Callie Rigney, and Councilmember Chuck Kelley.
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-23-2266
Consideration of a Special Use Permit to allow for a fence 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, a request for a
Special Use Permit (SUP) to allow for a fence to extend into the street side yard
setback. This item was first heard by the City Council in October which included
both a fence and a cabana to be within the street side yard setback. The Planning
and Zoning Commission recommended denial. The applicant appealed the item to
City Council and officially removed the cabana from the request. The super-
majority vote was triggered due to the recommendation for denial. With the
removal of the cabana, the City Council remanded the item back to the Planning
and Zoning Commission for review and recommendation. The Planning and Zoning
Commission recommended approval of the request, but with a 15 foot setback
rather than the requested 10 foot setback.
Mayor Lindamood stated the City Council will be working on the side yard
requirements of the Land Development Code and noted there is a sister sub-
division across from this subdivision and there was confusion regarding the
development mirroring the other, and the timing of the change to the regulations.
There was discussion regarding the 10 foot versus 15 foot setback.
Mayor Lindamood opened the public hearing.
Mike Farley, Claffey Pools, advised City Council he measured the side yard setback
of the SUP issued a couple of weeks ago, and it is a 10 foot setback.
City Council Minutes December 5, 2023
City of Colleyville Page 5
There were no others wishing to speak and Mayor Lindamood closed the public
hearing.
Councilmember Richardson made a motion to approve Ordinance O-23-
2266 with a 15 foot setback, seconded by Councilmember Bond.
The motion was approved by the following vote:
Ayes: 5 – Mayor Bobby Lindamood, and Councilmembers Brandi Elder,
George Bond, Scotty Richardson, and Ben Graves.
Absent: Mayor Pro Tem Callie Rigney, and Councilmember Chuck Kelley.
6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
6a Ordinance O-23-2272
Consideration of a rezoning from AG Agricultural to R-40 Single Family
Residential for Lot 1, Block 1, Fred C. Rice Addition, located at 6103
Hunter Lane, Case ZC23-032
Mayor Lindamood read the caption of Ordinance O-23-2272.
Community Development Director Ben Bryner presented this request to rezone to
allow for a piece of land to be platted from 6103 Hunter Lane to 6113 Hunter
Lane.
There was no discussion and Mayor Lindamood opened and closed the public
hearing without anyone wishing to speak.
This was a first reading with no action taken.
6b Ordinance O-23-2273
Consideration of a rezoning from AG Agricultural and RE Single Family
‘Estate’ Residential to R-40 Single Family Residential for Tracts 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 ZC23-033
Mayor Lindamood read the caption of Ordinance O-23-2273.
Community Development Director Ben Bryner presented this item which requires a
super majority vote. He explained this request for zoning provides for all ingress
and egress to be from Pool Road, will be a gated community with nine lots, all of
which comply with R-40 zoning, and contains open space. Director Bryner stated
the applicant will present information on typography and house design.
City Council Minutes December 5, 2023
City of Colleyville Page 6
Applicant Curtis Young began his presentation by stating the developer has
listened to citizens and the City and have tried to address as many concerns as
possible. He noted the surrounding neighborhoods have 10,000 to 20,000 foot
lots, and the lots in this proposal are 40,000 feet and above which is a very low
density of .65 lots per acre. During the presentation Mr. Young reviewed tree
preservation, road design, fencing, entryway, home designs, and drainage.
There was discussion by City Council with the applicant of dedicating trees outside
of the lot envelope to a tree preservation, the location of the entrance of Twelve
Oaks to The Bluffs, correcting the drainage on the west side of the development,
the creek, and topography.
There was discussion regarding what can be built in AG zoning and the property
owner discussions with a land trust.
Mayor Lindamood opened the public hearing.
Speaking in support were Jeff Cosand, 2604 Twelve Oaks, David Dudziak, 2301
Wilkes Court, and Stacey Taylor, 4501 Shadycreek Lane.
The following did not wish to speak, but registered opposition.
Steve Wasson, 2413 Wilkes Drive, David Meadows, 3900 Spring Hollow Street,
Stephen and Damita Jo Conover, 3043 Creekview Drive, Grapevine, Pierre Conan,
2317 Danielle Drive, Val Reed, 6806 Rockbrook Court, MaryAnn Nicholson, 2101
High Gate Drive, Robert Zebian, 6708 India Court, Bo Bottger, 6800 Atlanta Drive,
Judith and John Schaefer, 6803 Atlanta Drive, and Richard Limbacher, 6602
Charleston Drive.
Speaking in opposition were Sam Hearn, 2409 Wilkes Drive, Mike Farrell, 2504
Twelve Oaks Lane, Anne Dyson, 909 Dogwood Court, Vicki Heminger, 6804
Rockbrook Court, Harold Ledbetter, 6700 Pleasant Run Road, Kathy Hadley, 204
Timberline Drive N., Tim and Leisa Waterworth, 6808 Rockbrook Court, Sue Reed,
2512 Independence Road, Bob Egan, 2410 Twelve Oaks Lane, Mike Aycock, 7417
Bramar Terrance, and David Medlin, 2006 Kyle Court.
There was discussion of City Council ethics, what could potentially happen on the
land if it remains AG, and the need to define what is being opposed.
City Council requested the developer provide a calculation of possible tree
preservation outside the building envelope by the next meeting.
This was a first reading and no action was taken.
City Council Minutes December 5, 2023
City of Colleyville Page 7
6c Ordinance O-23-2274
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
Mayor Lindamood read the caption of Ordinance O-23-2274.
City Manager Jerry Ducay presented this item which is a pass-through rate
increase for water and wastewater rates assessed by the Trinity River Authority.
Mayor Lindamood opened the public hearing.
Sayeda Sayed, 6705 Sapphire Circle North, spoke regarding the rates and true-up.
There were no others wishing to speak and Mayor Lindamood closed the public
hearing.
This was a first reading with no action taken.
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-23-4901
Consideration of a minor plat with a waiver for lot width on Lot 1, Block
1, MCM Addition, located at 309 Glade Road, Case PC23-010
Mayor Lindamood read Resolution R-23-4901.
Community Development Director Ben Bryner stated this request is to plat the
property and allow for the construction of a new single-family home and noted
there is currently a home which was built in 1960 and is currently located on the
property will be demolished.
There were no questions and Mayor Lindamood opened and closed the public
hearing without anyone speaking.
Councilmember Graves made a motion to approve Resolution R-23-4901,
seconded by Councilmember Bond.
The motion was approved by the following vote:
Ayes: 5 – Mayor Bobby Lindamood, and Councilmembers Brandi Elder,
George Bond, Scotty Richardson, and Ben Graves.
City Council Minutes December 5, 2023
City of Colleyville Page 8
Absent: Mayor Pro Tem Callie Rigney, and Councilmember Chuck 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
Mayor Lindamood made a motion to remove Resolution R-23-4883 from
the table, seconded by Councilmember Elder.
The motion was approved by the following vote:
Ayes: 5 – Mayor Bobby Lindamood, and Councilmembers Brandi Elder,
George Bond, Scotty Richardson, and Ben Graves.
Absent: Mayor Pro Tem Callie Rigney, and Councilmember Chuck Kelley.
Mayor Lindamood read Resolution R-23-4883 in its entirety.
Community Development Director Ben Bryner stated this item was tabled from the
October 17, 2023, and has remained tabled for subsequent meetings. Per the
Council's request, the applicant ordered a drainage plan from a local engineering
firm but what was provided is a grading plan and a fully detailed drainage plan is
still outstanding. Comments have been provided to the engineering firm and
applicant and the City Engineer is aware of the outstanding work.
Mayor Lindamood stated he feels the applicant is trying to move forward but is not
and cannot be ready soon.
Mayor Lindamood made a motion to table Resolution R-23-4883 to a date
certain of January 16, 2024, seconded by Councilmember Elder.
The motion was approved by the following vote:
Ayes: 5 – Mayor Bobby Lindamood, and Councilmembers Brandi Elder,
George Bond, Scotty Richardson, and Ben Graves.
Absent: Mayor Pro Tem Callie Rigney, and Councilmember Chuck Kelley.
9. CITIZEN COMMENTS
Kathy Hadley, 204 Timberline Drive North discussed Heroes Park.
City Council Minutes December 5, 2023
City of Colleyville Page 9
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
DECEMBER 5, 2023 - READING AND PUBLIC HEARING - RESOLUTION
R-23-4902
This resolution was not needed.
11. ADJOURNMENT
There being no further business before the City Council, Mayor Lindamood
adjourned the meeting without objection by the City Council at 10:22 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 19TH DAY OF DECEMBER
2023.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary