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HomeMy WebLinkAboutCity Council-Minutes-11/19/2024 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 TUESDAY, NOVEMBER 19, 2024 RECEPTION HONORING TARRANT COUNTY COMMISSIONER GARY FICKES COLLEYVILLE SENIOR CENTER 2512 GLADE ROAD 4:00 P.M. WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Discussion and update on the SH26 Turnback Program WS-2 Discussion of the November 19, 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 Josh Anderson, Colleyville Presbyterian PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda November 19, 2024 City of Colleyville Page 2 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-24-4989 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Small Business Saturday Proclamation - Mayor Bobby Lindamood 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4990 4a Approval of the minutes of the regular City Council meeting of November 6, 2024 4b Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program 4c Approval of the Police Department body camera and in- car video replacement agreement with Motorola Solutions, in an amount not to exceed $415,000, and authorizing the City Manager to execute the agreement 4d Changing the regularly scheduled 2025 City Council Meeting of Tuesday, January 21, to Wednesday, January 22, Tuesday, March 18, to Tuesday, March 11, Tuesday, May 20, to Tuesday, May 13, Tuesday, September 2, to Wednesday, September 3, Tuesday, October 7, to Wednesday, October 8, and Tuesday, November 4, to Wednesday, November 5, 2025, to accommodate holidays when the City is closed, GCISD Spring Break, National Night Out, and Election Day 4e Appointing members to the Colleyville Economic Development Corporation, Library Board, Metroport Teen Court Advisory Board, Planning and Zoning Commission, and the Zoning Board of Adjustment/Sign Board of Appeals 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - October 2024 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 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 19, 2024 City of Colleyville Page 3 6b 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 6c 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 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-24-4991 Approving a Landscape Maintenance Agreement with Texas Department of Transportation for the purpose of maintaining irrigation and landscape improvements installed for the Green Ribbon Program and authorizing the City Manager to execute the agreement 8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-24-4985 Consideration of a resolution for the abandonment of right-of-way for Lot 1, Block 1, 5520 Colleyville Addition 8b 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 9. CITIZEN COMMENTS 10. REPORTS October 14, 2024 Planning and Zoning Commission Minutes October 28, 2024 Planning and Zoning Commission Worksession Minutes 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, NOVEMBER 19, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4992 12. ADJOURNMENT City Council Agenda November 19, 2024 City of Colleyville Page 4 I hereby certify this agenda was posted on City Hall bulletin boards Friday, November 15, 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 TUESDAY, NOVEMBER 19, 2024 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, November 19, 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 Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion and update on the SH26 Turnback Program City Manager Jerry Ducay provided the history of reconstruction and expansion of SH26, funding, and resolutions regarding funding, the turnback program, terms, and the previous Memorandum of Understanding. He then reviewed the current discussions with North Central Texas Council of Governments and Texas Department of Transportation. There was discussion regarding maintenance costs, traffic signals, and future use of Colleyville Boulevard. City Council directed the City Manager to draft a resolution addressing a turnback program to bring forward at a future City Council Meeting. WS-2 Discussion of the November 19, 2024, City Council regular agenda items City Manager Jerry Ducay noted the applicant for the tabled resolutions for abandonment of right-of-way and a replat has agreed to pay the City $19,660.50 as requested. Manager Ducay stated the applicant for Liquor Mart has not supplied the information requested by City Council at the previous meeting. Mayor Lindamood adjourned the Worksession at 5:54 p.m. and called the Executive Session to order. City Council Minutes November 19, 2024 City of Colleyville Page 2 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, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian 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-24-4989 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council provided announcements regarding community news and upcoming events. Mayor Lindamood stated Colleyville loves to support Colleyville businesses and noted Small Business Saturday is November 30 and a proclamation is being forwarded to the Small Business Saturday Coalition. City Council Minutes November 19, 2024 City of Colleyville Page 3 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4990 4a Approval of the minutes of the regular City Council meeting of November 6, 2024 4b Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program 4c Approval of the Police Department body camera and in- car video replacement agreement with Motorola Solutions, in an amount not to exceed $415,000, and authorizing the City Manager to execute the agreement 4d Changing the regularly scheduled 2025 City Council Meeting of Tuesday, January 21, to Wednesday, January 22, Tuesday, March 18, to Tuesday, March 11, Tuesday, May 20, to Tuesday, May 13, Tuesday, September 2, to Wednesday, September 3, Tuesday, October 7, to Wednesday, October 8, and Tuesday, November 4, to Wednesday, November 5, 2025, to accommodate holidays when the City is closed, GCISD Spring Break, National Night Out, and Election Day 4e Appointing members to the Colleyville Economic Development Corporation, Library Board, Metroport Teen Court Advisory Board, Planning and Zoning Commission, and the Zoning Board of Adjustment/Sign Board of Appeals Mayor Lindamood read Resolution R-24-4990 in its entirety. Aaron Gunther, Deputy Court Administrator, and Nicole Porell Municipal Court Administrator presented item 4b and were joined by Municipal Court Clerks Justin Whiteside and Denisse Romero to answer questions of the City Council. Police Chief Michael Miller presented item 4c. and explained current in car video system is past life expectancy and is no longer serviceable. He noted the body cameras will reach end of life and no longer be supported as of December 31, 2024. Chief Miller went on to discuss the advantages of the proposed equipment and noted the increased technology far surpasses their current equipment. City Secretary Christine Loven presented item 4d and 4e. For item 4e, the following were appointed: Colleyville Economic Development Corporation: Councilmember Kimberly Holt Gunderson, George Dodson, Ralph Hunkins, and John Terhoeve for a term to June 2026; Library Board: Al Cain, Place 2, Molly Skinner, Place 4, Darrell Brown, Place 6, David Thach, Place 7, Debra Sims, Alternate 1; Metroport Teen Court: Susan Baum, Sayeda Syed, Councilmember Tim Raine; Planning and Zoning Commission, David Groves, Place 1, Brandon Arnold, Place 2, David Ebert, Place 3, Richard City Council Minutes November 19, 2024 City of Colleyville Page 4 Remley, Place 4; Zoning Board of Adjustment/Sign Board of Appeals: Richard Vallario, Place 1, Dee Kamerman, Place 2, Dan Shadle, Place 3, all to a term of November 2026. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Pro Tem Elder made a motion to approve Resolution R-24-4990, 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. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - October 2024 Assistant City Manager Mark Wood presented the October financial report noting this was the first month of the new fiscal year and there is very little to note. He provided a review of surplus funds at the close of FY24 and reviewed all funds for FY25. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 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 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, however, the applicant will add the required masonry and cedar posts, which are required to make the carport compliant. He noted the ordinance exhibit has been updated to reflect the cedar posts and masonry. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Lindamood made a motion to approve Ordinance O-24-2302, with the ordinance stating the cedar posts and masonry must be completed, seconded by Mayor Pro Tem Elder. City Council Minutes November 19, 2024 City of Colleyville Page 5 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. Nays: 1 - Councilmember Mark Alphonso. 6b 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. Mayor Lindamood stated the applicant had not submitted the information City Council requested at the December 6, 2024 City Council Meeting, which would have allowed Council an opportunity to visit a store and see the building materials, and quality features of the business. Mayor Lindamood stated he would allow staff to make the presentation if Council wants to hear it, otherwise he will open a public hearing and proceed with a motion. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Lindamood made a motion to deny without prejudice Ordinance O- 24-2303, 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. 6c 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 Community Development Director Ben Bryner stated at the first reading of this ordinance a super majority vote was required, however, several adjacent property owners have formally rescinded their opposition, changing the calculated opposition to 14%. Therefore, no super-majority vote is required. He then reviewed the Land Development Code and the applicant’s requested SUP for a carport. City Council Minutes November 19, 2024 City of Colleyville Page 6 Mayor Lindamood opened the public hearing without any speakers. Speaking in opposition was Janet Suedmeier, 2301 Mulberry Court. Scott Hall, 5503 Sycamore Drive, applicant, stated the HOA design committee approved his carport and the turning radius necessary does not allow the carport to be constructed in a different location. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Alphonso made a motion to approve Ordinance O-24- 2304, 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. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-24-4991 Approving a Landscape Maintenance Agreement with Texas Department of Transportation for the purpose of maintaining irrigation and landscape improvements installed for the Green Ribbon Program and authorizing the City Manager to execute the agreement Mayor Lindamood read Resolution R-24-4991 in its entirety. Public Works Director Amber Beard presented this item and stated approval provides for the City to maintain irrigation and landscape improvements as part of the Green Ribbon Program grant. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Pro Tem Elder made a motion to approve Resolution R-24-4991, 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. City Council Minutes November 19, 2024 City of Colleyville Page 7 8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-24-4985 Consideration of a resolution for the abandonment of right-of-way for Lot 1, Block 1, 5520 Colleyville Addition Mayor Pro Tem Elder made a motion to remove Resolution R-24-4985 from the table, seconded by Deputy Mayor Pro Tem Richardson, and approved unanimously. Mayor Lindamood read Resolution R-24-4985 in its entirety. Community Development Director Ben Bryner presented this item and stated the Resolution was tabled at the previous City Council Meeting as the City wished to seek compensation for the abandonment. Director Bryner stated the applicant has confirmed they will compensate the City for the right-of-way. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Lindamood made a motion to approve Resolution R-24-4985, with the amendment the applicant will pay to the City of Colleyville, $19,660.50, seconded by Deputy Mayor Pro Tem Richardson. 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. 8b 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 Councilmember Graves made a motion to remove Resolution R-24-4986 from the table, seconded by Councilmember Raine, and approved unanimously. Mayor Lindamood read Resolution R-24-4986 in its entirety. Community Development Director Ben Bryner presented this item and stated the Resolution was tabled at the previous meeting, as the replat is the companion to Resolution R-24-4985, which City Council approved for abandonment of right-of- way for Lot 1, Block 1, 5520 Colleyville Addition. Councilmember Graves made a motion to approve Resolution R-24-4986, seconded by Councilmember Holt Gunderson. City Council Minutes November 19, 2024 City of Colleyville Page 8 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. 9. CITIZEN COMMENTS Janet Suedmeier, 2301 Mulberry Court, discussed and asked questions regarding Special Use Permits and voluntary HOAs. 10. REPORTS October 14, 2024 Planning and Zoning Commission Minutes October 28, 2024 Planning and Zoning Commission Worksession Minutes There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, NOVEMBER 19, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4992 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 8:45 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 3RD DAY OF DECEMBER 2024. Minutes taken and prepared by: Christine Loven, TRMC City Secretary