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HomeMy WebLinkAboutCity Council-Minutes-6/4/2024 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 TUESDAY, JUNE 4, 2024 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of Health Insurance Renewal WS-2 Discussion of the City's Water Conservation and Drought Contingency Plan WS-3 Discussion of the June 4, 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 551.074 – Personnel - to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee - Discuss appointment to fill the vacancy in Place 2 on the City Council. 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 City Council Agenda June 4, 2024 City of Colleyville Page 2 INVOCATION: Farzin Hamaree, Baha'I Community PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-24-4942 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Proclamation in recognition of National Garden Week - Colleyville Garden Club President and members and Mayor Lindamood Distinguished Budget Presentation Award for FY2023 - Finance Director Matt Poston and Mayor Lindamood 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4943 4a Approval of the minutes of the regular City Council meeting of May 21, 2024 4b Accepting the resignation of Councilmember George Bond 4c Appointing members to the Tax Increment Finance District Board of Directors 4d Approval to amend the authorized representatives for investment in the Texas Local Government Investment Pool (TexPool/Texpool Prime) as required by TexPool Participant Services 5. RESOLUTION(S): READING AND PUBLIC HEARING 5a Resolution R-24-4944 A resolution providing for the nomination and appointment to fill a vacancy in Place 2 of the Colleyville City Council for an unexpired term ending May 2025 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-24-2279 Consideration of a Special Use Permit to allow for Package Store Sales – Off-premises Consumption on Lot 4B1, Block 1, Brown Trail-West Addition, located at 4405 Colleyville Boulevard, Case ZC24-005 City Council Agenda June 4, 2024 City of Colleyville Page 3 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-24-2280 Approval of the adoption of the City of Colleyville Water Conservation and Drought Contingency Plan, 2024 7b Ordinance O-24-2281 Approval of an ordinance to establish a seven percent (7%) residential homestead property tax exemption 7c Ordinance O-24-2282 Request to appeal the decision of the Planning and Zoning Commission for consideration of a Rezoning from PUD-C Planned Unit Development - Commercial to PUD-C Planned Unit Development - Commercial on Lots 1 and 2, Block A, Heritage Farms Addition, located at 913 Cheek-Sparger Road and 3808 Wayne Drive, Case ZC24-001 7d Ordinance O-24-2283 Consideration of a rezoning from R-20 Single Family Residential and AG Agricultural to RE Single Family Estate Residential, R-40 Single Family Residential, R-30 Single Family Residential, and AG Agricultural on Lot 1, Block 1, Allzim Acres, Tract 4D02, Abstract 295, William E. Crooks Survey, and Tracts 2A7B, 2A8C, and 2A9A, Abstract 533, Mary M. Freeman Survey, located at 7209 John McCain Road and 7215 John McCain Road, Case ZC24-007 7e Ordinance O-24-2284 Consideration of amendments to the Land Development Code, Chapter 2 Definitions and Chapter 3, Section 3.28 Supplementary District Regulations, specifically to prohibit the use of a vehicle as a dwelling or housekeeping unit when parked or stored on public property, GC24-004 7f Ordinance O-24-2285 Consideration of an amendment to the Land Development Code, Chapter 3, Section 3.24 Schedule of Permitted Uses, specifically to include Special Land Use Standards for Heliports and Airports and Commercial Drone Delivery Hubs, GC24-005 7g Ordinance O-24-2286 Consideration of an amendment to the Land Development Code, Chapter 3, Section 3.24 Schedule of Permitted Uses, specifically to include Special Land Use Standards for Electric Vehicle (EV) Charging Stations, GC24-006 8. CITIZEN COMMENTS City Council Agenda June 4, 2024 City of Colleyville Page 4 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JUNE 4, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24- 4945 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 31, 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, JUNE 4, 2024 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, June 4, 2024, at 5:30 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, and Councilmembers Ben Graves, Kimberly Holt Gunderson, and Tim Raine. ABSENT: Deputy Mayor Pro Tem Scotty Richardson and Councilmember George Bond. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Human Resources Director Jesse Perez, Finance Director Matt Poston, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Amber Beard, Community Relations and Event Specialist Hailey Waldon, City Attorney Nicole Corr, and City Secretary Christine Loven. WS-1 Discussion of Health Insurance Renewal Human Resources Director Jesse Perez introduced this item and explained the process utilized by the City to bid health benefits. Director Perez then turned the presentation over to Andrew Weegar, Senior Account Executive, HUB International, the City’s employee benefits broker. Mr. Weegar provided an overview of the RFP, the City’s claims vs premium, and historical loss ratio, before providing plan details and the best and final rates offered by Blue Cross and Blue Shield, Texas (BCBSTX), and United Health Care (UHC). After analyzing the data and trends, Mr. Weegar stated the recommendation is to renew with BCBSTX with a 7.5% increase, which includes bundling dental insurance. There was discussion regarding joining with other cities to form a larger pool, self- insuring, and how to process the premium increases. WS-2 Discussion of the City's Water Conservation and Drought Contingency Plan Public Works Director Amber Beard presented the City’s Water Conservation and Drought Contingency Plan noting we are not currently in a drought, however, the Texas Water Development Board (TWDB) requires the City submit a Water Conservation Plan every five years to coincide with the Regional Water Planning Cycle. City Council Minutes June 4, 2024 City of Colleyville Page 2 Director Beard stated there are no major changes to the Plan and reviewed the drought triggers and responses for stages one through three. There was discussion of the October to April rainfall and the City’s Drainage Committee. WS-3 Discussion of the June 4, 2024, City Council regular agenda items City Secretary Christine Loven verified which City Councilmembers would like to serve on the Tax Increment Finance District. Mayor Lindamood adjourned the Worksession at 6:10 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 551.074 – Personnel - to deliberate the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of a public officer or employee - Discuss appointment to fill the vacancy in Place 2 on the City Council. 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 6:55 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:05 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, and Councilmembers Ben Graves, Kimberly Holt Gunderson, and Tim Raine. City Council Minutes June 4, 2024 City of Colleyville Page 3 ABSENT: Deputy Mayor Pro Tem Scotty Richardson and Councilmember George Bond. INVOCATION: Martin Schmidt, Baha'I Community PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-24-4942 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council provided announcements regarding community news and upcoming events. Proclamation in recognition of National Garden Week - Colleyville Garden Club President and members and Mayor Lindamood Mayor Lindamood welcomed Colleyville Garden Club President Janet Suedmeier, and members Mike Suedmeier, Ann Morgan, Anita Barnwell, Phil Barnwell, and Maryann Nicholson. President Suedmeier thanked the Mayor and City Council and reviewed the many Garden Club projects and partnerships, before Mayor Lindamood presented a proclamation recognizing Nation Garden Week. Distinguished Budget Presentation Award for FY2023 - Finance Director Matt Poston and Mayor Lindamood Mayor Lindamood called on Finance Director Matt Poston to announce the City received notification that the FY 2023 budget was awarded the Distinguished Budget Presentation award and this is the 30th year the City has earned the distinction. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24- 4943 4a Approval of the minutes of the regular City Council meeting of May 21, 2024 4b Accepting the resignation of Councilmember George Bond 4c Appointing Bobby Lindamood, Brandi Elder, Ben Graves, Kimberly Holt Gunderson, and Tim Raine and accepting the GCISD appointment of City Council Minutes June 4, 2024 City of Colleyville Page 4 Tammy Nakamura, to the Tax Increment Finance District Board of Directors 4d Approval to amend the authorized representatives for investment in the Texas Local Government Investment Pool (TexPool/Texpool Prime) as required by TexPool Participant Services Mayor Lindamood read Resolution R-24-4943 in its entirety. City Secretary Christine Loven presented item 4c, and City Manager Jerry Ducay item for 4d. There was no discussion and Mayor Lindamood opened and closed the public hearing without any speaker. Mayor Pro Tem Elder made a motion to approve Resolution R-24-4943, seconded by Councilmember Raine. The motion was approved by the following vote: Ayes: 5 – Mayor Lindamood, Mayor Pro Tem Elder, Councilmembers Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 5. RESOLUTION(S): READING AND PUBLIC HEARING 5a Resolution R-24-4944 A resolution providing for the nomination and appointment to fill a vacancy in Place 2 of the Colleyville City Council for an unexpired term ending May 2025 Mayor Lindamood read Resolution R-24-4944 in its entirety, nominating Mark Alphonso for appointment. Mayor Lindamood stated the City of Colleyville Charter outlines the process for filling a vacancy on the City Council. Mayor Lindamood opened the public hearing. Bob Egan, 2410 Twelve Oaks, spoke regarding the appointment process, and recommended the City Council refer to the last General Election results. He asked Council to consider tabling the item. Jeff Brundage, 6508 Westcoat Drive, spoke regarding the appointment process and concern for the procedure used. City Council Minutes June 4, 2024 City of Colleyville Page 5 There was a speaker card from Daniel Bennett, 408 Pemberton, White Settlement, however, Mr. Bennett declined to speak. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Lindamood asked City Attorney Nicole Corr to comment on the appointment process to fill a vacancy. City Attorney Corr stated per the City of Colleyville Charter, Section 3.05 provides that a single vacancy in the City Council occurring with less than twelve (12) months remaining in the current term shall be filled within thirty (30) days of the occurrence of the vacancy by a majority vote of the remaining members of the City Council. Mayor Lindamood and Mayor Pro Tem Elder thanked everyone who made recommendations and asked to be considered. Mayor Pro Tem Elder read excerpts from Mark Alphonso’s resume and stated he is and has been active in the community. Mayor Pro Tem Elder made a motion to approve Resolution R-24-4944, appointing Mark Alphonso to fill the unexpired term of Councilmember, Place 2, seconded by Mayor Lindamood. The motion was approved by the following vote: Ayes: 5 – Mayor Lindamood, Mayor Pro Tem Elder, Councilmembers Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-24-2279 Consideration of a Special Use Permit to allow for Package Store Sales – Off-premises Consumption on Lot 4B1, Block 1, Brown Trail-West Addition, located at 4405 Colleyville Boulevard, Case ZC24-005 Mayor Lindamood read the caption of Ordinance O-24-2279. Community Development Director Ben Bryner presented this request for a Special Use Permit for Package Store Sales for Off-premises Consumption. He noted the existing package store is undergoing a change of ownership, and will continue to operate as Mirage Fine Spirits. Director Bryner stated the existing SUP states upon a change of ownership, the existing SUP will expire, and the new owner must apply for a new SUP. There was no discussion. City Council Minutes June 4, 2024 City of Colleyville Page 6 Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Ordinance O-24-2279, seconded by Councilmember Holt Gunderson. The motion was approved by the following vote: Ayes: 5 – Mayor Lindamood, Mayor Pro Tem Elder, Councilmembers Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-24-2280 Approval of the adoption of the City of Colleyville Water Conservation and Drought Contingency Plan, 2024 Mayor Lindamood read the caption of Ordinance O-24-2280. Public Works Director Amber Beard presented this item, noting while we are not in a drought, the Texas Administrative Code requires municipal water suppliers to develop Water Conservation and Drought Contingency Plans. The plans establish minimum requirements for reacting to a drought, and allows the Texas Commission on Environmental Quality to require specific actions be taken if TCEQ determines such actions are necessary to achieve the goals of the Water Conservation Plan. Director Beard stated there are no major changes to the plan, however, the plan is required to be updated every five years, and she is confident the proposed plan meets all the requirements. There was no discussion and Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading and no action was taken. 7b Ordinance O-24-2281 Approval of an ordinance to establish a seven percent (7%) residential homestead property tax exemption Mayor Lindamood read the caption of Ordinance O-24-2281. Finance Director Matt Poston presented the proposal for a residential homestead property tax. He noted the exemption strives to provide tax relief for homeowners by allowing an exemption the greater of seven percent of the appraised home value or five thousand dollars from property taxes and is the City’s ongoing efforts to support residents by reducing their property tax burden. Director Poston stated City Council Minutes June 4, 2024 City of Colleyville Page 7 impact on commercial properties has been thoroughly considered and is expected to be nominal. Mayor Lindamood stated he believes this will assist residents and the City is starting out with the seven percent, although many cities exemption are at 20 percent. Mayor Lindamood opened the public hearing. George Dodson, 1309 Balmoral Drive, spoke in opposition of the exemption. There were no others wishing to speak and Mayor Lindamood closed the public hearing. This was a first reading and no action was taken. 7c Ordinance O-24-2282 Request to appeal the decision of the Planning and Zoning Commission for consideration of a Rezoning from PUD-C Planned Unit Development - Commercial to PUD-C Planned Unit Development - Commercial on Lots 1 and 2, Block A, Heritage Farms Addition, located at 913 Cheek- Sparger Road and 3808 Wayne Drive, Case ZC24-001 Mayor Lindamood read the caption of Ordinance O-24-2282. Community Development Director Ben Bryner presented the request to rezone the 18.45-acre property in order to allow for the development and operation of a new senior living community restricted to individuals 55 years old and above. Mayor Lindamood and the City Council discussed the differences to the proposed development, compared to the 2012 approved development. Discussion centered on the configuration, number of cottages, detention pond, façade appearance, fencing, and a time-table for construction of the round-about, whether the development would be built in phases, and the age and occupancy rates. Mr. H. McNeish, Confluent Development, Denver, CO, the developer of the project and members of his team provided a presentation on the proposed Sagora Community and answered questions of the City Council. Mr. McNeish addressed some of the Council’s concerns, noting they will construct a solid wall if it their preference, they would plant mature trees where the development backs up to a residential neighborhood and present an enhanced façade design at the next meeting. Mayor Lindamood opened the public hearing. City Council Minutes June 4, 2024 City of Colleyville Page 8 Jocelyne Buckelew, 3709 Woodmont Court, did not wish to speak, but registered as opposed to the development. Thomas Buckelew, 3709 Woodmont Court, Bedford, spoke in opposition with concerns for drainage. George Dodson, 7309 Balmoral Drive, spoke in opposition with concerns for drainage, fire department calls, how the development is funded, and payment for the installation of the round-about. Tara and Jason Finch, 3721 Woodmont, Bedford spoke in opposition with concerns for residents at the community having the ability to look into their yard, trees, drainage, traffic, and configuration. Sayeda Syed, 6705 Sapphire Circle, spoke in opposition to the development for many of the same reasons the previous speakers noted. There were no others wishing to speak and Mayor Lindamood closed the public hearing. There was further discussion of the zoning, how the community would operate, funding for the round-about, property tax value, utility easements on the property, stormwater, and duration of the build. It was also noted if this plan was denied, the previously approved plan could be built. This was a first reading and no action was taken. 7d Ordinance O-24-2283 Consideration of a rezoning from R-20 Single Family Residential and AG Agricultural to RE Single Family Estate Residential, R-40 Single Family Residential, R-30 Single Family Residential, and AG Agricultural on Lot 1, Block 1, Allzim Acres, Tract 4D02, Abstract 295, William E. Crooks Survey, and Tracts 2A7B, 2A8C, and 2A9A, Abstract 533, Mary M. Freeman Survey, located at 7209 John McCain Road and 7215 John McCain Road, Case ZC24-007 Mayor Lindamood read the caption of Ordinance O-24-2283. Community Development Director Ben Bryner presented the request to build a new detached single-family subdivision of seven lots. Director Bryner noted the property was previously zoned to allow an 11 lot subdivision and this request rezone the lots from R-20 to RE, and R-40 and R-30 lots. City Council Minutes June 4, 2024 City of Colleyville Page 9 Applicant Curtis Young answered questions of the City Council and discussed the design of the subdivision. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading and no action was taken. 7e Ordinance O-24-2284 Consideration of amendments to the Land Development Code, Chapter 2 Definitions and Chapter 3, Section 3.28 Supplementary District Regulations, specifically to prohibit the use of a vehicle as a dwelling or housekeeping unit when parked or stored on public property, GC24- 004 Mayor Lindamood read the caption of Ordinance O-24-2284. Community Development Director Ben Bryner stated this and the next two proposed ordinances amend the Land Development Code. Ordinance O-24-2284 would prohibit the use of a vehicle as a dwelling or housekeeping unit when parked or stored on public property. There was no discussion and Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading and no action was taken. 7f Ordinance O-24-2285 Consideration of an amendment to the Land Development Code, Chapter 3, Section 3.24 Schedule of Permitted Uses, specifically to include Special Land Use Standards for Heliports and Airports and Commercial Drone Delivery Hubs, GC24-005 Mayor Lindamood read the caption of Ordinance O-24-2285. Community Development Director Ben Bryner stated this proposed amendment addresses commercial drone delivery hubs under the non-residential districts under the Land Use Classification of Automotive and Transportation Uses. He also noted the FAA regulates drones – the City cannot. Mayor Lindamood opened the public hearing. Cynthia Phillips, 4204 York Drive, spoke in opposition to the item and suggested removing and airport and heliport from the language and make it all special use. City Council Minutes June 4, 2024 City of Colleyville Page 10 There were no others wishing to speak and Mayor Lindamood closed the public hearing. There was discussion regarding what is regulated and the history of use in Colleyville. This was a first reading and no action was taken. 7g Ordinance O-24-2286 Consideration of an amendment to the Land Development Code, Chapter 3, Section 3.24 Schedule of Permitted Uses, specifically to include Special Land Use Standards for Electric Vehicle (EV) Charging Stations, GC24-006 Mayor Lindamood read the caption of Ordinance O-24-2286. Community Development Director Ben Bryner presented this amendment which would add language and regulations to the Land Development Code for Electric Vehicle Charging Stations in non-residential districts. Mayor Lindamood opened the public hearing. Sayeda Syed, 6705 Sapphire Circle, stated she was in favor of the amendment, but felt a fee should be charged for the use of the charging station. There were no others wishing to speak and Mayor Lindamood closed the public hearing. This was a first reading and no action was taken. 8. CITIZEN COMMENTS Daniel J. Bennett, 408 Pemberton Street, spoke regarding the Tarrant Appraisal District resignations and the need for the City Council to nominate and put forth applications for people to serve on a TAD sub-committee. Applications will be due July 1. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JUNE 4, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24- 4945 This resolution was not needed. 10. ADJOURNMENT City Council Minutes June 4, 2024 City of Colleyville Page 11 There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 10:42 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 18TH DAY OF JUNE 2024. Minutes taken and prepared by: Christine Loven, TRMC City Secretary