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HomeMy WebLinkAboutCity Council-Minutes-11/6/2024 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 WEDNESDAY, NOVEMBER 6, 2024 BLUE STAR MEMORIAL RE-DEDICATION NORTHWEST CORNER OF JOHN MCCAIN ROAD AND SH26 4:30 P.M. WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 CWD Annual Update WS-2 Review 2025 City Council Meeting Dates WS-3 Recreation Center Update WS-4 Discussion of the November 6, 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 551.071 - Legal - Consultation with the City Attorney regarding litigation matters 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 6, 2024 City of Colleyville Page 2 REGULAR MEETING 7:00 P.M. CITY COUNCIL CHAMBERS INVOCATION: Rabbi Cantor Judy Greenfeld, Congregation Beth Israel 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-24-4981 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4982 4a Approval of the minutes of the regular City Council meeting of October 15, 2024 4b Approval of the FY25 City of Colleyville and Colleyville Chamber of Commerce Agreement 4c Approval of the proposal by Digital Resources, Inc., a TIPS approved vendor, for the final phase of the Colleyville Center Technology Upgrades project, in an amount not to exceed $107,333, which includes a $4,000 contingency, and authorizing the City Manager to execute the contract 4d Approval to purchase a replacement Ditch Witch HX50A Vacuum Excavator from The Charles Machine Works, Inc., Ditch Witch Division, through the Sourcewell Purchasing Program in an amount not to exceed $128,563.08, and authorizing the City Manager to execute the contract 4e Approval of a Professional Services Agreement with CSRS, LLC, in an amount not to exceed $109,288.76, for the design of the Heritage Avenue Right Turn Lane Extension Project, and authorizing the City Manager to execute the agreement 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-24-2302 Consideration of a Special Use Permit for a residential carport on Lot 27, Block 2, Woodbriar Estates West Addition, being located at 3412 San Bar Lane, Case ZC24-015 City Council Agenda November 6, 2024 City of Colleyville Page 3 5b Ordinance O-24-2303 Consideration of a Special Use Permit to allow for Package Store Sales – Off-premises Consumption on Lot 1, Block 1, Towne Square Addition, being located at 5600 Colleyville Boulevard, Suite G, Case ZC24-016 5c Ordinance O-24-2304 Consideration of a Special Use Permit for a residential carport on Lot 2, Block 1, Arbor Estates II Addition, being located at 5503 Sycamore Drive, Case ZC24-018 5d Ordinance O-24-2305 Appeal of decision of denial of the Planning and Zoning Commission for a consideration of a Special Use Permit to allow for Massage Therapy on Lot 3R1, Block 1, Andy Felps Addition, being located at 3919 Colleyville Boulevard, Suite C, Case ZC24-017 5e Ordinance O-24-2306 Consideration of amendments to the Land Development Code, Section 3.27 - Accessory Buildings and Residential Carport Regulations, Case GC24-011 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-24-4983 Consideration of a replat for Lots 1, 2, and 3, Block 1, Fegan Addition, being located at 6001 Pleasant Run Road, Case PC24-006 6b Resolution R-24-4984 Consideration of a replat for Lot 1R, Block 1, Village Court Addition, being located at 5201 and 5217 Pleasant Run Road, Case PC24-008 6c Resolution R-24-4985 Consideration of a resolution for the abandonment of right-of-way for Lot 1, Block 1, 5520 Colleyville Addition 6d Resolution R-24-4986 Consideration of a replat for Lot 1, Block 1, 5520 Colleyville Addition, being located at 5520 Colleyville Boulevard, Case PC24-009 6e Resolution R-24-4987 A resolution re-establishing the responsibilities, terms, and membership, of the Colleyville Tree Board as created and amended by Ordinance O- 98-1130, Ordinance O-09-1707, and Ordinance O-19-2078, and appointing members 7. CITIZEN COMMENTS City Council Agenda November 6, 2024 City of Colleyville Page 4 8. REPORTS Colleyville Library Board Minutes - August 12, 2024 Planning and Zoning Commission Minutes - September 9, 2024 Planning and Zoning Commission Worksession Minutes - September 23, 2024 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR WEDNESDAY, NOVEMBER 6, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4988 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, November 1, 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 817.503.1130, 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 6, 2024 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Wednesday, November 6, 2024, at 5:30 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Amber Beard, City Attorney Nicole Corr, and City Secretary Christine Loven. WS-1 CWD Annual Update Robert Medigovich, CWD Municipal Coordinator introduced CWD General Manager Paul Hansen and provided an annual review of services CWD has provided to the City. He also reviewed the statistics for garbage, recycle, and leaf collection. Mr. Medigovich stated CWD has 57 collection vehicles on order, which are expected to arrive by the end of 2025, and they have invested in new software to increase functionality in route optimization, provides a customer portal, and has mobile in- cab routing technology. To conclude the presentation Mr. Medigovich presented Mayor Lindamood with Recycling Alliance 2024 Regional Superstar award for innovative organics Diversion for the City’s leaf pickup program. The City Council thanked CWD for their service and for the award. WS-2 Review 2025 City Council Meeting Dates City Secretary Christine Loven presented the 2025 City Council meeting dates and discussed possible conflicts with holidays, National Night Out, and Election Day. Following discussion and review, the Council directed staff to bring forward a resolution with the date changes at the next meeting. WS-3 Recreation Center Update Assistant City Manager Mark Wood reviewed the Recreation Center expansion plans, reiterating the May 2024 referendum question, which was approved by 74% City Council Minutes November 6, 2024 City of Colleyville Page 2 of the voters, the drawings for the Recreation Center expansion with the Council’s chosen option, and discussed the comments from the open meeting, which was conducted in October. Assistant Manager Wood noted residents who live adjacent to the Recreation Center do not want the masonry wall, and are in favor of the expansion. He noted some comments included making sure the expansion was built big enough. City Council discussed the size of the expansion, areas which could be improved and expanded, and costs. City Council directed staff to meet with the consultant to see if there were adjustments which could be made. City Council also indicated they were in favor of the full expansion with the expectation the bond election would be called for $20 million. WS-4 Discussion of the November 6, 2024, City Council regular agenda items There was no discussion of this item. Mayor Lindamood adjourned the Worksession at 6:22 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 - Legal - Consultation with the City Attorney regarding litigation matters 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 7:12 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:20 p.m. and called the roll. City Council Minutes November 6, 2024 City of Colleyville Page 3 ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. INVOCATION: Rabbi Cantor Judy Greenfeld, Congregation Beth Israel 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-24-4981 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council provided announcements regarding community news and upcoming events. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4982 4a Approval of the minutes of the regular City Council meeting of October 15, 2024 4b Approval of the FY25 City of Colleyville and Colleyville Chamber of Commerce Agreement 4c Approval of the proposal by Digital Resources, Inc., a TIPS approved vendor, for the final phase of the Colleyville Center Technology Upgrades project, in an amount not to exceed $107,333, which includes a $4,000 contingency, and authorizing the City Manager to execute the contract 4d Approval to purchase a replacement Ditch Witch HX50A Vacuum Excavator from The Charles Machine Works, Inc., Ditch Witch Division, through the Sourcewell Purchasing Program in an amount not to exceed $128,563.08, and authorizing the City Manager to execute the contract 4e Approval of a Professional Services Agreement with CSRS, LLC, in an amount not to exceed $109,288.76, for the design of the Heritage Avenue Right Turn Lane Extension Project, and authorizing the City Manager to execute the agreement Mayor Lindamood read Resolution R-24-4982 in its entirety. Councilmember Mark Alphonso recused himself from deliberation as he serves on the Board for the Colleyville Chamber of Commerce. City Council Minutes November 6, 2024 City of Colleyville Page 4 Economic Development/Colleyville Center and Business Center Manager Chelsea Rose presented item 4b and 4c. Public Works Director Amber Beard presented items 4d and 4e. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive N., questioned the need and cost of the Vacuum Excavator. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Deputy Mayor Pro Tem Richardson made a motion to approve Resolution R-24-4982, seconded by Mayor Pro Tem Elder. The motion was approved by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Ben Graves, Kimberly Holt Gunderson, and Tim Raine. Abstain: 1 – Councilmember Mark Alphonso 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-24-2302 Consideration of a Special Use Permit for a residential carport on Lot 27, Block 2, Woodbriar Estates West Addition, being located at 3412 San Bar Lane, Case ZC24-015 Mayor Lindamood read the caption of Ordinance O-24-2302. Community Development Director Ben Bryner reviewed the Land Development Code carport regulations and presented the SUP request. He noted the request is to allow a 414 square foot carport to remain on the property, although it was built without a building permit or the required SUP. Director Bryner stated the structure does not currently comply with the material standards, but the applicant has committed to bringing the carport into compliance and has provided updated plans showing the required masonry and cedar posts. There was general discussion regarding how the new carport regulations, if approved, would impact this SUP. Gayle Biemeret, representing Tarrant Roofing, the applicant, advised the City Council the Tarrant Roofing sales associate was not aware a permit was required to construct the carport and when she was advised of the construction without a permit, she immediately contacted the City. Ms. Biemeret also stated she has City Council Minutes November 6, 2024 City of Colleyville Page 5 spoken with City personnel to determine how the carport may be brought into compliance. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading with no action taken. 5b Ordinance O-24-2303 Consideration of a Special Use Permit to allow for Package Store Sales – Off-premises Consumption on Lot 1, Block 1, Towne Square Addition, being located at 5600 Colleyville Boulevard, Suite G, Case ZC24-016 Mayor Lindamood read the caption of Ordinance O-24-2303. Community Development Director Ben Bryner presented the SUP request for package store sales, off premise consumption. City Council discussed writing into the ordinance there be no outside sales of merchandise, no signs on the windows, and no sale of tobacco or tobacco products. The City Council stated they would like the look of the business signage to be improved. Andrew Sissney, business representative, came forward at City Council’s request to discuss options. Mr. Sissney stated the design of the sign is negotiable and he will work with staff to understand what will be approved. He also stated there was no concern with writing into the ordinance there be no outside sales of merchandise, no signs on the windows, and no sale of tobacco or tobacco products. In responding to questions of the City Council, Mr. Sissney stated the business hours of operation will be Monday through Saturday, 10:00 a.m. to 9:00 p.m. He also stated there are currently a total of four Liquor Depot stores in the Metroplex, two in Plano, and one in both Little Elm, and Highland Village. The City Council requested Mr. Sissney provide photos of one of the four store and a new business sign design before the next meeting. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading with no action taken. 5c Ordinance O-24-2304 Consideration of a Special Use Permit for a residential carport on Lot 2, Block 1, Arbor Estates II Addition, being located at 5503 Sycamore Drive, Case ZC24-018 Mayor Lindamood read the caption of Ordinance O-24-2304 City Council Minutes November 6, 2024 City of Colleyville Page 6 Community Development Director Ben Bryner reviewed the Land Development Code and the applicants requested and stated a super majority vote would be required. Mayor Lindamood opened the public hearing. Speaking in opposition was Janet Suedmeier, 2301 Mulberry Court. Speaking in neither support nor opposition was Ron Schneider, 2307 Poplar Lane. Speaking in support was applicant Scott Hall, 5503 Sycamore Drive. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Lindamood addressed concerns expressed by the speakers regarding applications for SUPs and HOA regulations. This was a first reading with no action taken. 5d Ordinance O-24-2305 Appeal of decision of denial of the Planning and Zoning Commission for a consideration of a Special Use Permit to allow for Massage Therapy on Lot 3R1, Block 1, Andy Felps Addition, being located at 3919 Colleyville Boulevard, Suite C, Case ZC24-017 This Ordinance was withdrawn by the applicant. 5e Ordinance O-24-2306 Consideration of amendments to the Land Development Code, Section 3.27 - Accessory Buildings and Residential Carport Regulations, Case GC24-011 Mayor Lindamood read the caption of Ordinance O-24-2306. Community Development Director Ben Bryner presented this item. City Council discussed several scenarios and how the regulations would apply. City Council directed staff to continue to research the amendments and suggested this item be brought forward at a later date. This Ordinance was withdrawn by the City Council. City Council Minutes November 6, 2024 City of Colleyville Page 7 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-24-4983 Consideration of a replat for Lots 1, 2, and 3, Block 1, Fegan Addition, being located at 6001 Pleasant Run Road, Case PC24-006 Mayor Lindamood read Resolution R-24-4983 in its entirety. Community Development Director Ben Bryner presented the replat request and stated the proposed replat would create two new single-family lots with a remaining lot for church use. There was discussion of the location of sidewalks. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive N, provided a history of the church property and the church building. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Alphonso made a motion to approve Resolution R-24- 4983, seconded by Councilmember Raine. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 6b Resolution R-24-4984 Consideration of a replat for Lot 1R, Block 1, Village Court Addition, being located at 5201 and 5217 Pleasant Run Road, Case PC24-008 Mayor Lindamood read Resolution R-24-4984 in its entirety. Community Development Director Ben Bryner presented the request to combine the two lots into one single residential lot and allow for the development of a new single-family home. Mayor Lindamood opened the public hearing. Sayeda Syed, 6705 Sapphire Circle N., spoke regarding parking along the south side of the property. City Council Minutes November 6, 2024 City of Colleyville Page 8 There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Lindamood made a motion to approve Resolution R-24-4984, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 6c Resolution R-24-4985 Consideration of a resolution for the abandonment of right-of-way for Lot 1, Block 1, 5520 Colleyville Addition Mayor Lindamood read Resolution R-24-4985 in its entirety. Community Development Director Ben Bryner presented the abandonment case and noted a following resolution will be considered for a replat if City Council approves the abandonment. City Council discussed the property and noted the right-of way area is a remnant of the alignment of Church Street. City Manager Jerry Ducay stated the City should be compensated for the abandonment, as the applicant will include the property into the existing bank lot at replat. Manager Ducay stated there is 4,369 square feet and at $4.50 per square foot, the property would be worth $19,660.50. Mayor Lindamood asked the applicant to come forward. Ray Ojenski, Keller Hart Firm, representing the applicant, came forward. Mayor Lindamood asked if Benchmark would be willing to compensate the City. Mr. Ojenski stated he did not have the authority to answer the question, but will take the question to them. Mayor Lindamood made a motion to table Resolution R-24-4985 and Resolution R-24-4982, seconded by Mayor Pro Tem Brandi Elder. The motion to table was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 6d Resolution R-24-4986 Consideration of a replat for Lot 1, Block 1, 5520 Colleyville Addition, being located at 5520 Colleyville Boulevard, Case PC24-009 City Council Minutes November 6, 2024 City of Colleyville Page 9 This resolution was tabled in conjunction with Resolution R-24-4985. 6e Resolution R-24-4987 A resolution re-establishing the responsibilities, terms, and membership, of the Colleyville Tree Board as created and amended by Ordinance O- 98-1130, Ordinance O-09-1707, and Ordinance O-19-2078, and appointing members Mayor Lindamood read Resolution R-24-4987 in its entirety. The resolution reviewed the responsibilities, terms, and membership of the Colleyville Tree Board and appointed Deputy Mayor Pro Tem Scotty Richardson and Kris Potts, City staff arborist, to a term to November 2027; and John Hillenbrand, Parks and Recreation Advisory Board and Tom Morr, Citizen member at large, to a term to November 2026. Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Resolution R-24-4987, seconded by Councilmember Alphonso. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 7. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive N, and Sayeda Syed, 6705 Sapphire Circle N. 8. REPORTS Colleyville Library Board Minutes - August 12, 2024 Planning and Zoning Commission Minutes - September 9, 2024 Planning and Zoning Commission Worksession Minutes - September 23, 2024 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR WEDNESDAY, NOVEMBER 6, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4988 This resolution was not needed. City Council Minutes November 6, 2024 City of Colleyville Page 10 10. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 9:24 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 19TH DAY OF NOVEMBER 2024. Minutes taken and prepared by: Christine Loven, TRMC City Secretary