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HomeMy WebLinkAboutCity Council-Minutes-12/17/2024 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 TUESDAY, DECEMBER 17, 2024 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of Heroes Park nomination criteria and process WS-2 Discussion of the Recreation Center expansion WS-3 Discussion of the December 17, 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 Lee Johnson, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda December 17, 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-24-4998 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcement of the Community Christmas Tree winners 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4999 4a Approval of the minutes of the regular City Council meeting of December 3, 2024 4b Approval of an Advisory Services Agreement with Specialized Public Finance Inc. for financial advisory services related to the issuance of debt and authorizing the City Manager to execute the agreement 4c Approval of a Bond Counsel Services Engagement Agreement with Norton Rose Fulbright and authorizing the City Manager to execute the agreement 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - November 2024 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-24-2305 Consideration of a Special Use Permit to allow for a fence on Lot 1, Block 1, Chelsea Park Addition, located at 5000 Chelsea Drive, Case ZC24-020 6b Ordinance O-24-2306 Consideration of changing the zoning from AG Agricultural to CC-1 Village Retail on Lot 2, Block 1, First Baptist Church Addition, located at 1007 Church Street, Case ZC24-021 6c Ordinance O-24-2307 Consideration of a Special Use Permit to allow for a fence on Lot 16, Block 8, Oak Crest Hills Addition, located at 405 Oak Valley Drive, Case ZC24-022 6d Ordinance O-24-2308 Appeal of decision of denial by the Planning and Zoning Commission for consideration of a Special Use Permit to allow for a residential carport on Lot 8, Block 1, Arbor Estates Addition, located at 2401 Spruce Court, Case ZC24-023 City Council Agenda December 17, 2024 City of Colleyville Page 3 6e Ordinance O-24-2309 Consideration of a Special Use Permit for a reduction in parking on Lot 1, Block 1, Gonzalez Addition, located at 6609 Colleyville Boulevard, Case ZC24-026 6f Ordinance O-24-2310 Amending Ordinance O-23-2256 relating to the Fiscal Year 2024 budget 6g Ordinance O-24-2311 Amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority 7. CITIZEN COMMENTS 8. REPORTS Colleyville Library Board Minutes - October 14, 2024 Planning and Zoning Commission Minutes - November 12, 2024 Planning and Zoning Worksession Minutes - November 25, 2024 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 17, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-5000 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 13, 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, DECEMBER 17, 2024 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, December 17, 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, Parks and Recreation Director Lisa Escobedo, Library Director Jack Pawlowski, Community Relations and Event Specialist Hailey Waldon, City Attorney Nicole Corr, and City Secretary Christine Loven. WS-1 Discussion of Heroes Park nomination criteria and process Assistant City Manager Adrienne Lothery presented this item and provided a recap of the Heroes Park Design Committee work on the criteria and process for nomination and selection of heroes who will be recognized in Heroes Park. Manager Lothery stated each criteria also requires a Colleyville connection. City Council reviewed and discussed the criteria the Committee recommended. Mayor Lindamood thanked the Committee for all their work and directed staff to bring a resolution to the City Council which will accept the criteria and transition the Heroes Park Design Committee to a standing Heroes Park Committee, appointing members, and establishing terms. WS-2 Discussion of the Recreation Center expansion Assistant City Manager Mark Wood presented the drawings and description of the planned 8,900 square foot Colleyville Recreation Center expansion. Manager Wood reviewed planned health equipment, room layouts, and costs. There was general discussion of the staffing and maintenance of the Recreation Center. Manager Wood noted there would be two items on the consent agenda for service agreements for legal services and bond counsel associated with calling a bond election for the expansion. City Council Minutes December 17, 2024 City of Colleyville Page 2 WS-3 Discussion of the December 17, 2024, City Council regular agenda items There was no discussion of this item and Mayor Lindamood closed the Worksession at 6:27 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 7:05 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:12 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 Mayor Bobby Lindamood 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-24-4998 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council provided announcements regarding community news and upcoming events. City Council Minutes December 17, 2024 City of Colleyville Page 3 Announcement of the Community Christmas Tree winners Mayor Lindamood and Community Relations and Event Specialist Hailey Waldon showed a video of the decorated Community Christmas Trees and announced the winners. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4999 4a Approval of the minutes of the regular City Council meeting of December 3, 2024 4b Approval of an Advisory Services Agreement with Specialized Public Finance Inc. for financial advisory services related to the issuance of debt and authorizing the City Manager to execute the agreement 4c Approval of a Bond Counsel Services Engagement Agreement with Norton Rose Fulbright and authorizing the City Manager to execute the agreement Mayor Lindamood read Resolution R-24-4999 in its entirety. Assistant City Manager Mark Wood presented items 4b and 4c together, noting both agreements were for financial and legal counsel for the bond election regarding the Colleyville Recreation Center. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Pro Tem Elder made a motion to approve Resolution R-24-4999, seconded by Councilmember Holt Gunderson. 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 - November 2024 Assistant City Manager Mark Wood presented the November Financial Report noting no property tax revenue has been received as of yet. He discussed the property tax rate and the homestead exemption and stated all funds were performing as expected. City Council Minutes December 17, 2024 City of Colleyville Page 4 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-24-2305 Consideration of a Special Use Permit to allow for a fence on Lot 1, Block 1, Chelsea Park Addition, located at 5000 Chelsea Drive, Case ZC24-020 Mayor Lindamood read the caption of Ordinance O-24-2305. Community Development Director Ben Bryner reviewed the request to allow for the replacement of an existing 6-foot wood fence with an 8-foot wood fence along Glade Road. As the request of the City Council, the applicant, Innocent Olengue came forward to answer questions. Mr. Olengue stated it would take him four months to replace the fence. City Manager Jerry Ducay stated if the fence were built at the 30-foot setback, Mr. Olengue would not require an SUP. Mr. Olengue stated he wishes to replace the fence in the exact location as the current fence and wanted the fence to be eight-foot tall. There was general discussion regarding the height of fencing in the neighborhood. Mayor Lindamood opened the public hearing. Joe Chiles, 2401 Spruce Court, expressed his concerns regarding the setback requirements and how it limits full use of the yard by homeowners. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Lindamood made a motion to approve Ordinance O-24-2305, allowing a six-foot fence to be constructed, with the finished side facing Glade Road, and providing the applicant four months, to April 17, 2025, to construct the fence, an which time the SUP will expire if the fence is not constructed, 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. 6b Ordinance O-24-2306 Consideration of changing the zoning from AG Agricultural to CC-1 Village Retail on Lot 2, Block 1, First Baptist Church Addition, located at 1007 Church Street, Case ZC24-021 City Council Minutes December 17, 2024 City of Colleyville Page 5 Mayor Lindamood read the caption of Ordinance O-24-2306. Community Development Director Ben Bryner noted the property is part of the CrossCreek campus and stated the rezoning request is to allow for a new storage and office building in the future. Mayor Lindamood opened and closed the public hearing without any speakers. Deputy Mayor Pro Tem Richardson made a motion to approve Ordinance O-24-2306, seconded by Councilmember Holt Gunderson. 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-24-2307 Consideration of a Special Use Permit to allow for a fence on Lot 16, Block 8, Oak Crest Hills Addition, located at 405 Oak Valley Drive, Case ZC24-022 Mayor Lindamood read the caption of Ordinance O-24-2307. Community Development Director Ben Bryner presented this request for approval of an SUP to allow for a wrought iron fence 6-foot in height and a portion of a wood fence to encroach into the required street side yard setback and to be placed along the property line. Director Bryner noted the applicant has asked that artificial screening be allowed on the fence for one year, until the shrubbery can mature. There was discussion of the need for setbacks to allow visibility and previous right- of-way dedication at this location. Mayor Lindamood opened the public hearing. Applicant Osama Hanna, requested artificial screen be allowed along the fence to provide privacy until the vegetation can mature enough to provide privacy. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Graves made a motion to approve Ordinance O-24-2307, to allow manufactured greenery screening along the rear of the house to City Council Minutes December 17, 2024 City of Colleyville Page 6 the back property line for a period of one year, to December 2025, 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. 6d Ordinance O-24-2308 Appeal of decision of denial by the Planning and Zoning Commission for consideration of a Special Use Permit to allow for a residential carport on Lot 8, Block 1, Arbor Estates Addition, located at 2401 Spruce Court, Case ZC24-023 Mayor Lindamood read the caption of Ordinance O-24-2308. Community Development Director Ben Bryner presented this appeal of the Planning and Zoning Commission denial. He stated a super-majority vote is required. Director Bryner stated the applicant is requesting an SUP to allow a residential carport to remain, though the carport was not permitted and exceeds carport size and setback regulations. Director Bryner reviewed regulations for carports versus garages (accessory structures). Mayor Lindamood asked applicant Joe Chiles, 2401 Spruce Court, to come forward to provide his presentation. Mr. Chiles thanked Mayor Lindamood, Deputy Mayor Pro Tem Scotty Richardson, City Manager Jerry Ducay, and Assistant City Manager Adrienne Lothery for visiting his site. He stated nine people have stated their support for his project. Mr. Chiles provided before and after photos of the house and photos from neighboring properties. He discussed the setback requirements, and provided photos of neighborhood fences which are eight-foot in height and setback at ten foot. Mr. Chiles asked the carport be approved, as the neighbors are not unhappy and he will make any adjustments necessary for Council approval. Mr. Chiles stated if the Council requires the carport to be removed; it would cause a financial burden, as the cost would be over $35,000. Mayor Lindamood opened the public hearing. Emily Colby, 14400 Montfort Drive, #203, Dallas, did not wish to speak, but registered support of the project. Vicki Chiles, 2401 Spruce Court, spoke in support of this item and asked Council to approve the request. City Council Minutes December 17, 2024 City of Colleyville Page 7 David Groves, 5702 Ponderosa Street, spoke regarding the applicant’s previous service on a City Council in another city, his previous employment as a contractor, and stated he did not feel Mr. Chiles was unaware of the City’s requirements. Mr. Groves also stated he researched the property and believes Mr. Chiles performed other unpermitted work on the property. There were no others wishing to speak and Mayor Lindamood closed the public hearing. There was discussion regarding staff’s research of changes to the property which may have been performed without a permit. City Manager Ducay stated the City does not know when some of the work was performed and it is possible the work was not performed by this application, Joe Chiles. Mayor Lindamood asked Mr. Chiles to answer additional questions of the City Council. Mr. Chiles reviewed his service and stated he was not involved with establishing a master plan or building standards. Mayor Lindamood and Mr. Chiles discussed abatement, Mr. Chiles working as a contractor, site visits by building inspectors, and his overall knowledge. Mayor Pro Tem Elder made a motion to deny Ordinance O-24-2308, seconded by Councilmember Holt Gunderson. The motion to deny 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. Nay: 1 – Councilmember Mark Alphonso 6e Ordinance O-24-2309 Consideration of a Special Use Permit for a reduction in parking on Lot 1, Block 1, Gonzalez Addition, located at 6609 Colleyville Boulevard, Case ZC24-026 Mayor Lindamood read the caption of Ordinance O-24-2309. Community Development Director Ben Bryner stated the applicant is requesting a reduction in parking from 27 spots to 18 to allow for a new 5,497 square foot training and baseball facility, which the applicant states will not need the amount of required parking as it is highly specialized one-on-one training, by appointment. Director Bryner reviewed the Land Development Code Parking Requirements. He stated there has been discussion of Ross Downs Road being closed and a potential for a shared parking and utility access in that location. City Council Minutes December 17, 2024 City of Colleyville Page 8 Russell Motz and Preston Motz, the applicants, came forward and provided a presentation on the anticipated parking, landscaping, and architecture of the building, which the City Council requested. Russell Motz also discussed the shared access which is anticipated, but not contracted. Mr. Motz also discussed TxDOT requirements and his discussions to meet the TxDOT regulations. City Manager Jerry Ducay explained shared, cross, primary and secondary access requirements, and responsibilities of each party. He also stated the applicant could enhance the architecture of the building and asked if as a condition of approval, the applicants would work with staff to provide additional enhancements to the architecture, landscaping, and parking, and allow staff to work with them on the cross access. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Lindamood made a motion to approve Ordinance O-24-2309 conditioned on approval of providing a secondary cross access to the east one TxDOT curb cut, and the applicant to work with staff on the architecture and landscaping, 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. 6f Ordinance O-24-2310 Amending Ordinance O-23-2256 relating to the Fiscal Year 2024 budget Mayor Lindamood read the caption of Ordinance O-24-2310. Assistant City Manager Mark Wood presented this item noting the ordinance provides for FY24 excess funds to be transferred to the capital projects funds. There were no questions. Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Ordinance O-24-2310, seconded by Deputy Mayor Pro Tem Richardson. The motion was approved by the following vote: City Council Minutes December 17, 2024 City of Colleyville Page 9 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. 6g Ordinance O-24-2311 Amending Sections 3A and 3B of the Water and Sewer Policy and Procedure manual as contained in the Code of Ordinances of the City of Colleyville, Texas, adjusting water and wastewater volumetric rates to pass through changes from the Trinity River Authority Mayor Lindamood read the caption of Ordinance O-24-2311. Assistant City Manager Mark Wood presented this item and reviewed the recommendations of the Water and Wastewater Rate Advisory Committee which have been implemented since 2016. He stated the base and volumetric rates are reviewed and updated on an annual basis and the new base rates are reflected in bills sent in October to coincide with the City fiscal year. The new volumetric rates are reflect on the January bills to coincide with the Trinity River Authority’s rate changes. Mayor Lindamood opened and closed the public hearing without any speakers. Deputy Mayor Pro Tem Richardson made a motion to approve Ordinance O-24-2311, 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 There was no one present wishing to speak. 8. REPORTS Colleyville Library Board Minutes - October 14, 2024 Planning and Zoning Commission Minutes - November 12, 2024 Planning and Zoning Worksession Minutes - November 25, 2024 There was no action taken on this item. City Council Minutes December 17, 2024 City of Colleyville Page 10 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, DECEMBER 17, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-5000 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 9:28 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 7TH DAY OF JANUARY 2025. Minutes taken and prepared by: Christine Loven, TRMC City Secretary