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HomeMy WebLinkAboutCity Council-Minutes-4/16/2024 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 TUESDAY, APRIL 16, 2024 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Parks and Recreation Department Update WS-2 Discussion of the April 16, 2024, 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 Church 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-24-4928 City Council Agenda April 16, 2024 City of Colleyville Page 2 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Proclamation in recognition of Arbor Day and Earth Day in Colleyville - Parks and Recreation Director Lisa Escobedo and Mayor Bobby Lindamood 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4929 4a Approval of the minutes of the regular City Council meeting of April 2, 2024 4b Approval of a Construction Services Agreement with FM Utilities, LLC for the Pecan Park Drainage Improvements Project, in an amount not to exceed $613,589.81, a contingency amount not to exceed $106,300.00, a materials testing amount not to exceed $16,525.00, and authorizing the City Manager to execute the Agreement 4c Approval of a Construction Services Agreement with Tellus Consulting, for the Preston Manor Project, in an amount not to exceed $95,886.77, a contingency amount not to exceed $20,000.00, and a materials testing amount not to exceed $5,750.00, and authorizing the City Manager to execute the Agreement 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - March 2024 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-24-2276 Consideration of a Special Use Permit to allow for a fence on Lot 1, Block 1, Vankawala Residence Addition, located at 4910 Behrens Court, Case ZC24-002 6b Ordinance O-24-2277 Consideration of a Special Use Permit to allow for dog grooming on Lot 1RA, Block 1, Kroger Addition, located at 4906 Colleyville Boulevard, Suite 202, Case ZC24-003 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-24-4930 Consideration of a variance to the maximum lot coverage provisions of Ordinance O-19-2075 on Lot 4, Block B, of the Legacy North Addition, being located at 803 Marie Drive, Case VC24-004 7b Resolution R-24-4931 Consideration of a variance to lot size, lot area and lot width, on Lot 15 of the Community Home Addition, located at 5008 Rose Street, Case VC24-005 City Council Agenda April 16, 2024 City of Colleyville Page 3 8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-24-4926 Consideration of a variance to lot size, side yard setback, maximum lot coverage, and maximum impervious coverage on Lot 3, Block 19, of Woodland Hills at Colleyville, located at 3401 Middleton Way, Case VC24-003 9. CITIZEN COMMENTS 10. REPORTS Colleyville Library Board Minutes - December 11, 2023 Planning and Zoning Commission Minutes - March 11, 2024 Planning and Zoning Commission Worksession Minutes - March 25, 2024 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, APRIL 16, 2024 - READING AND PUBLIC HEARING - RESOLUTION R- 24-4932 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, April 12, 2024 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 TUESDAY, APRIL 16, 2024 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, April 16, 2024, at 5:30 p.m. ROLL CALL: Mayor Bobby Lindamood, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. ABSENT: Mayor Pro Tem Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Parks and Recreation Director Lisa Escobedo, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Amber Beard, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Parks and Recreation Department Update Parks and Recreation Director Lisa Escobedo reviewed the structure and staffing of the department, which includes the Senior Center, Recreation Center, Parks Maintenance, and City Beautification teams, which are comprised of 29 full time and six part time positions. Within the Parks and Recreation Department, there are more than 270 acres of parkland and public property, which includes roundabouts, medians, streets, and buildings. The Parks and Recreation Department maintains and services 14 parks, the Recreation Center, Senior Center, City Hall and Library, four Fire Stations, Public Works Service Center, Justice Center, and Colleyville Center. There are seven baseball fields, four softball fields, eight batting cages, 26 soccer fields, two and a half basketball courts, six tennis courts, eight pickleball courts, four sand volleyball courts, nine playgrounds, one splash pad, 20 miles of shared use trails, 14 ponds, ten pavilions, 11 restrooms, and two concessions, which are also serviced and maintained. Director Escobedo explained the core services within each division and discussed the special events host by the department. There was general discussion of the accomplishments of the department, keeping a scorecard for the status of the department, and the need for the recently purchased Recreation Center. WS-2 Discussion of the April 16, 2024, City Council regular agenda items There was no discussion of this item. City Council Minutes April 16, 2024 City of Colleyville Page 2 Mayor Lindamood adjourned the Worksession at 5:53 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 6:41 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:00 p.m. and called the roll. INVOCATION: Pastor Mike Dawson, First United Methodist Church 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-24-4928 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and Councilmembers made announcements regarding City and community events. Proclamation in recognition of Arbor Day and Earth Day in Colleyville - Parks and Recreation Director Lisa Escobedo and Mayor Bobby Lindamood City Council Minutes April 16, 2024 City of Colleyville Page 3 Mayor Lindamood presented Parks and Recreation Director Lisa Escobedo a proclamation in recognition of Arbor Day and Earth Day. Director Escobedo encouraged the public to attend City sponsored weekend events focused on Arbor Day and Earth Day. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24- 4929 4a Approval of the minutes of the regular City Council meeting of April 2, 2024 4b Approval of a Construction Services Agreement with FM Utilities, LLC for the Pecan Park Drainage Improvements Project, in an amount not to exceed $613,589.81, a contingency amount not to exceed $106,300.00, a materials testing amount not to exceed $16,525.00, and authorizing the City Manager to execute the Agreement 4c Approval of a Construction Services Agreement with Tellus Consulting, for the Preston Manor Project, in an amount not to exceed $95,886.77, a contingency amount not to exceed $20,000.00, and a materials testing amount not to exceed $5,750.00, and authorizing the City Manager to execute the Agreement Mayor Lindamood read Resolution R-24-4929 in its entirety. Public Works Director Amber Beard presented items 4b and 4c. There was no discussion and Mayor Lindamood opened and closed the public hearing without anyone speaking. Councilmember Elder made a motion to approve Resolution R-24-4929, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - March 2024 Finance Director Matt Poston presented the March Financial Report, noting this is six months, or half the year of the FY24 budget. Director Poston reviewed the City Council Minutes April 16, 2024 City of Colleyville Page 4 performance of all City funds and stated the City is doing well. He also provided a benchmark for where the surrounding cities are in their sales tax collections and stated the City is in a good financial position, and right on track. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-24-2276 Consideration of a Special Use Permit to allow for a fence on Lot 1, Block 1, Vankawala Residence Addition, located at 4910 Behrens Court, Case ZC24-002 Mayor Lindamood read the caption of Ordinance O-24-2276. Community Development Director presented this SUP request to allow a 6-foot wrought iron fence with 7-foot masonry columns to be placed on the property line along Glade Road within the required street side yard setback. The property is located at the intersection of Glade Road and Behrens Court and has R-40 Single Family Residential zoning. Director Bryner noted there is an exception for lots containing a minimum of 40,000 square feet allowing construction of a perimeter fence within the front yard setback. However, the size of this lot is 37,458 square feet in size, just under the threshold to qualify for the exemption. Director Bryner stated the applicant is making the request to add more privacy to their home and to be in line with the fence line along their neighbor’s front yard. Councilmember Graves noted during the Glade Road project, the residents lost some of their land and they have agreed to move the sprinkler system if necessary. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive N, spoke in favor of this item. Mayor Lindamood closed the public hearing. Mayor Pro Tem Rigney made a motion to approve Ordinance O-24-2276, seconded by Councilmember Bond. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. Councilmember Chuck Kelley presided for the reading and public hearing of Ordinance O-24-2277. City Council Minutes April 16, 2024 City of Colleyville Page 5 6b Ordinance O-24-2277 Consideration of a Special Use Permit to allow for dog grooming on Lot 1RA, Block 1, Kroger Addition, located at 4906 Colleyville Boulevard, Suite 202, Case ZC24-003 Councilmember Chuck Kelley read the caption of Ordinance O-24-2277. Community Development Director Ben Bryner presented this SUP request to allow a dog grooming business at 4906 Colleyville Boulevard, Suite 202, which is zoned CC-2 Shopping Center. Director Bryner stated a dog-grooming salon is allowed in the CC-2 Shopping Center zoning district only with the approval of an SUP. The proposed name of the business is “Scenthound” and is a dog health and grooming salon with no veterinary, vacation boarding services, and no pet daycare services. Director Bryner stated the applicant would install soundproof walls, new HVAC ventilation systems, and pet waste stations inside, outside the property, and in the adjacent parking areas. According to the statement of planning objectives, the hours of operation of the business will be 8:30 a.m. to 5:30 p.m. Monday- Saturday; closed on Sundays. Mayor Lindamood stated his questions regarding pet waste and ventilation were answered at the last meeting. Applicant Sam Beckman, 1015 North Ridge Court, Keller, explained he and his wife own the “Scenthound” in Southlake and went on to explain the waste stations, parking, and services offered by the business. Councilmember Kelley opened the public hearing. Kathy Hadley, 204 Timberline Drive North, spoke in favor of the item. Councilmember Kelley closed the public hearing. Councilmember Richardson made a motion to approve Ordinance O-24- 2277, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. City Council Minutes April 16, 2024 City of Colleyville Page 6 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-24-4930 Consideration of a variance to the maximum lot coverage provisions of Ordinance O-19-2075 on Lot 4, Block B, of the Legacy North Addition, being located at 803 Marie Drive, Case VC24-004 Mayor Lindamood read Resolution R-24-4930 in its entirety. Community Development Director Ben Bryner presented this request to allow a new house to be built at 36% lot coverage which requires a variance to the provisions of Ordinance O-19-2075, which allows for a maximum lot coverage of 30%. Mayor Lindamood discussed the previous variances provided for fence location within the Legacy North Addition, but noted the variances were not for lot coverage and he believes Council has to keep with the 30%. At the request of City Council, Jody Alumbaugh, Co-Founder and CFO, WillowTree Custom Homes, answered questions of the City Council. Mr. Alumbaugh explained he is present to request the variance not only for this client but also, for the evolving landscape of the housing preferences of the community. He noted the 30% coverage was approved in 2000. Mr. Alumbaugh stated the restriction is placing an unintended restraint on the development of single story homes, which have seen a surge in demand in recent years and asked City Council consider this now and in the future. Mayor Lindamood opened the public hearing. Jim Haddock, 803 Marie Drive, representing the Homeowners Association and himself as the neighbor, fully support the variance. Mayor Lindamood closed the public hearing. Councilmember Kelley made a motion to deny Resolution R-24-4930, seconded by Councilmember Richardson. The motion to deny was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. City Council Minutes April 16, 2024 City of Colleyville Page 7 7b Resolution R-24-4931 Consideration of a variance to lot size, lot area and lot width, on Lot 15 of the Community Home Addition, located at 5008 Rose Street, Case VC24-005 Mayor Lindamood read Resolution R-24-4931 in its entirety. Community Development Director Ben Bryner presented this request for a variance for the lot size (area and width) in the R-40 Single Family Residential district to allow a new accessory structure to be built on the property with an existing home. Director Bryner and City Manager Jerry Ducay explained the current lot does not meet the size of the current zoning, but the City prefers not to downsize zoning. Both noted in these cases, the City attempts to provide for the reasonable use of the property. Dean Lane, applicant, at the request of City Council, explained his desire to add an accessory building to the property and noted he was surprised to find he did not meet the zoning requirements for size. Mayor Lindamood opened the public hearing, noted Kristi Lane, 5008 Rose Street did not wish to speak, but was in favor of this item. Mayor Lindamood then closed the public hearing. Councilmember Graves made a motion to approve Resolution R-24-4931, seconded by Mayor Pro Tem Callie Rigney. The motion was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. 8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-24-4926 Consideration of a variance to lot size, side yard setback, maximum lot coverage, and maximum impervious coverage on Lot 3, Block 19, of Woodland Hills at Colleyville, located at 3401 Middleton Way, Case VC24-003 Councilmember Elder made a motion to remove Resolution R-24-4926 from the table, seconded by Councilmember Graves. City Council Minutes April 16, 2024 City of Colleyville Page 8 The motion to remove from the table was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. Mayor Lindamood read Resolution R-24-4926 in its entirety. Community Development Director Ben Bryner presented this variance request to lot size, lot coverage, side yard setback, and impervious coverage. He noted the request is being made to allow a new patio cover to be built within the required side yard setback and allow the site to exceed the maximum allowable lot and impervious coverage so additional concrete and turf may be added to the backyard. There was discussion regarding the impervious coverage already being exceeded, and not being able to reorganize the plans in a manner which does not exceed the requirements further. Isaac Garcia, Strong Rock Landscaping and Outdoors, 2008 Lake Village, McKinney, explained their client was attempting to enhance their backyard and pool area. He explained it is a small lot and the client wanted turf and a covered patio. Originally, the plan was going to be to construct a patio which was not connected to the house, which would require a SUP. After speaking with the City further, it was decided connecting the patio to the roof was the better option, and they would seek the variances. City Manager Ducay discussed what Mr. Garcia would have to provide to prove the absorption features of turf and the impact it would have to the impervious coverage. Mayor Lindamood suggested tabling this item to allow time for Mr. Garcia to work with the City to provide a design which may meet City requirements. Mr. Garcia agreed. Mayor Lindamood made a motion to table Resolution R-24-4926 to May 21, 2024, seconded by Councilmember Kelley. The motion to table was approved by the following vote: Ayes: 7 – Mayor Bobby Lindamood, Mayor Pro Tem Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. City Council Minutes April 16, 2024 City of Colleyville Page 9 9. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive N., discussed the number of semi-trucks and large vehicles utilizing Glade, Jackson, and Cheek-Sparger Roads. Suggested a roundabout at Woodland Hills, encouraged landscaping care at Jackson Road Bridge, stated Colleyville Boulevard is beautiful, and discussed flooding at her residence. Richard Newton, 1208 Holly Lane, discussed the GCISD Bond Issue. 10. REPORTS Colleyville Library Board Minutes - December 11, 2023 Planning and Zoning Commission Minutes - March 11, 2024 Planning and Zoning Commission Worksession Minutes - March 25, 2024 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, APRIL 16, 2024 - READING AND PUBLIC HEARING - RESOLUTION R- 24-4932 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 8:39 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 7TH DAY OF MAY 2024. Minutes taken and prepared by: Christine Loven, TRMC City Secretary