Loading...
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