HomeMy WebLinkAboutCity Council-Minutes-10/10/2017
City of Colleyville Page 1
City of Colleyville
City Council
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, October 10, 2017
WORKSESSION - 5:00 PM
EXECUTIVE CONFERENCE ROOM - THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of the future use of Bidault House and Webb House
WS-2 Glade Road Project update
WS-3 Discussion of nominations to the Tarrant Appraisal District Board of
Directors
WS-4 Discussion of meeting dates for a discussion and overview of Land
Development Code priorities
WS-5 Discussion of the October 10, 2017, City Council regular agenda items
1. EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised
by public hearing or action items on the agenda
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities - Glade Road Project Phase 1B
and 2A
Section 551.074 - Personnel - Deliberate the appointment, employment,
evaluation and duties of the City Secretary
Section 551.074 - Personnel – Update regarding City personnel
administration from the City Manager
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information that the City has received from business
prospects that 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 October 10, 2017
City of Colleyville Page 2
REGULAR MEETING
7:30 P.M.
COUNCIL CHAMBERS
INVOCATION: Pastor Ricky Texada, Covenant Church
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4181
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of Michael Kinsey obtaining the rank of
Eagle Scout
Recognition of Employees' Years of the Service
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-17-4182
4a Approval of the minutes of the regular City Council meeting of
September 19, 2017
4b Approval to purchase five Chevrolet Tahoe patrol vehicles, from
Caldwell Country Chevrolet, in an amount not to exceed $159,268, bid
through the State of Texas Cooperative Purchasing Program, and
authorize the city manager to execute all purchasing documents
4c Approval of the sale of found property, seized items, obsolete and
non-serviceable equipment, and vehicles
4d Approval to use the Voluntary Library Fund in Fiscal Year 2018 (FY
2018), for the purchase of library materials, collection processing
supplies, and library programs, in an amount not to exceed $160,000
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-17-2032
Consideration of a zoning change from the R-20 Single Family
Residential zoning district to the CPO Professional Office zoning district
on Lot 24, Block 2, of the Fair Way Addition, located at 8308 Precinct
Line Road, Case ZC17-015
City Council Agenda October 10, 2017
City of Colleyville Page 3
5b Ordinance O-17-2033
Consideration of a zoning change from the CC-1 Village Retail zoning
district to the CC-2 Shopping Center zoning district on Tract 2C03,
Abstract 206, in the BBB & C RY Survey, located at 4917 Colleyville
Boulevard, Case ZC17-016
6. TABLED: RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-17-4171
Consideration of a minor plat for the Stowe Addition, on property
legally described as Tract 2A, Abstract 1692, in the Joseph White
Survey, located at 816 Shelton Drive, Case PC17-005
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-17-4183
Consideration of a replat on property legally described as Lot 1R, Block
1, of the Oak Knoll West Subdivision, located at 5112 Oak Timbers
Court, Case PC17-013
7b Resolution R-17-4184
Consideration of appointments to the Colleyville Economic
Development Corporation
7c Resolution R-17-4185
Consideration of appointments to the Historical Preservation
Committee
7d Resolution R-17-4186
Consideration of appointments to the Library Board
7e Resolution R-17-4187
Consideration of appointments to the Metroport Teen Court Advisory
Board
7f Resolution R-17-4188
Consideration of appointments to the Planning and Zoning Commission
7g Resolution R-17-4189
Consideration of appointments to the Zoning Board of Adjustment
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
City Council Agenda October 10, 2017
City of Colleyville Page 4
9. REPORTS
Special Events Ad Hoc Committee Minutes - August 2, 2017
Water and Wastewater Rate Advisory Committee Minutes - August 22, 2017
Special Events Ad Hoc Committee Minutes - September 6, 2017
Annual activity report of the Colleyville Economic Development Corporation
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER
10, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-
4190
11. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday,
October 6, 2017 by 5:00 p.m.
Christine Loven, TRMC
Assistant 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
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, October 10, 2017 COUNCIL CHAMBERS
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, October 10, 2017, at 5:03 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen
and Mike Taylor.
Also Present: City Manager Jerry Ducay, Assistant City Manager/Executive
Director of Economic Development Mark Wood, Assistant City Manager/Strategic
Services Manager Adrienne Lothery, Director of Public Safety Police Chief Mike
Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Chief Financial
Officer Shereen Gendy, Human Resources Director Rachel Huitt, Public Works
Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development
Director Ben Bryner, Library and Special Events Director Mary Rodne, Colleyville
Center Manager Leslie Hill, Accounting Manager Karen Hines, Parks Manager
Heather Dowell, SH26 Coordinator James Hubbard, Information Services Manager
Chris Pena, City Attorney Whitt Wyatt, and Assistant City Secretary Christine
Loven.
WS-1 Discussion of the future use of Bidault House and Webb House
Assistant City Manager Adrienne Lothery presented this item and briefed the City
Council.
Mayor Newton asked staff if there was any background on the potential investor.
Manager Lothery replied she believes the potential investor is a hobby historical
home flipper and is completing a commercial and museum project at this time.
Councilmember Wheat asked if the Bidault House had previously been used as a
rental.
Mayor Newton responded no, it was Jim and Dulcie Moore’s house.
Councilmember Coplen stated the history of the Moore’s house is intriguing, it
was a catalog house and the home was used to entertain, so a second story was
added. Councilmember Coplen asked staff by what authority is the historical
landmark issued.
Manager Lothery replied the Texas Historical Commission.
City Council Minutes October 10, 2017
City of Colleyville Page 2
Councilmember Taylor stated the Bidault House needs to be lighted outdoors to
allow for photo opportunities.
Mayor Newton stated he was pleased with the assessment of both properties.
City Council directed staff to move forward with planning for the properties use
by seeking input from the Historical Preservation Committee and the Parks and
Recreation Advisory Board.
WS-2 Glade Road Project update
Public Works Director Jeremy Hutt presented a recommendation that the
remaining “Phase I & II” projects be consolidated into a single “Phase II”
construction project (SH26 to Pool Road) and answered questions of the City
Council.
Mayor Pro Tem Lindamood asked staff if there were one big bid letting, would this
be constructed as one project or phased. Director Hutt replied he would like to
develop a strategy which will assist with traffic control and minimize lengthy
detours and long construction periods.
Councilmember Nakamura stated she has the same concerns for long
construction periods and detours.
Councilmember Taylor stated he would like to see a plan on how traffic would
flow and be detoured.
Director Hutt stated he understands the City Council direction is to move forward
with planning to bid and build Phase 1B with the entirety of Phase 2, and to bring
a traffic plan and recommendations to the City Council at a future date. City
Council agreed.
WS-3 Discussion of nominations to the Tarrant Appraisal District Board of
Directors
Mayor Newton advised the City Council the City would be allowed to cast 21
votes for a candidate, noting the votes can be cast separately or collectively.
Mayor Newton stated if the City Council nominated someone there would need to
be support from Tarrant County and area cities.
Mayor Newton asked the City Council to advise him if there is a candidate they
wish to put forward and there will be a resolution on the October 17, 2017
agenda.
WS-4 Discussion of meeting dates for a discussion and overview of Land
Development Code priorities
City Council Minutes October 10, 2017
City of Colleyville Page 3
Mayor Newton stated a worksession needs to be conducted to discuss the Land
Development Code and provide direction to staff.
Councilmember Taylor asked if zoning and drainage will be discussed.
Mayor Newton stated the worksession would allow City Council to review the staff
compiled list of items to be addressed and help establish priorities.
City Manager Ducay stated the amendments to the Land Development Code
would take up to 16 months to process.
Mayor Newton stated he and City Attorney Whitt Wyatt have had a discussion
regarding sunsetting ordinances and this too can be further addressed during the
worksession.
The City Council directed staff to plan a worksession for November 15, 2017, at
5:00 p.m.
WS-5 Discussion of the October 10, 2017, City Council regular agenda items
Mayor Newton stated he has reviewed the applicants for the each of the Boards,
Commissions, and Committees to be appointed and reviewed each. Mayor
Newton stated he will have to direct staff to readvertise for the Historical
Preservation Committee and Zoning Board of Adjustment.
Mayor Newton adjourned the worksession at 6:33 p.m.
Mayor Newton called the Executive Session to order at 6:33 p.m. and called the
roll.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen
and Mike Taylor
1. EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised
by public hearing or action items on the agenda
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities - Glade Road Project Phase 1B
and 2A
Section 551.074 - Personnel - Deliberate the appointment, employment,
evaluation and duties of the City Secretary
City Council Minutes October 10, 2017
City of Colleyville Page 4
Section 551.074 - Personnel – Update regarding City personnel
administration from the City Manager
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information that the City has received from
business prospects that 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
Mayor Newton explained the Executive Session had been called in accordance
with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071,
Legal, Section 551.072, Real Estate, Section 551.074 Personnel, and Section
551.087, Economic Development. He further explained there would be no
decisions made or action taken during this time. Executive Session was
adjourned at 7:30 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:30 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy Coplen
and Mike Taylor
Also Present: City Manager Jerry Ducay, Assistant City Manager/Executive
Director of Economic Development Mark Wood, Assistant City Manager/Strategic
Services Manager Adrienne Lothery, Director of Public Safety Police Chief Mike
Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Chief Financial
Officer Shereen Gendy, Human Resources Director Rachel Huitt, Public Works
Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development
Director Ben Bryner, Library and Special Events Director Mary Rodne, Colleyville
Center Manager Leslie Hill, Accounting Manager Karen Hines, Parks Manager
Heather Dowell, SH26 Coordinator James Hubbard, Information Services Manager
Chris Pena, City Attorney Whitt Wyatt, and Assistant City Secretary Christine
Loven.
INVOCATION: Pastor Ricky Texada, Covenant Church
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-17-4181
Mayor Newton read Resolution R-17-4181 in its entirety.
City Council Minutes October 10, 2017
City of Colleyville Page 5
Mayor Newton stated the resolution was to appoint Christine Loven as City
Secretary and congratulated Ms. Loven noting she has been an employee of the
City for almost 20 years.
Mayor Newton opened the public hearing at 7:37 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 7:37 p.m.
Councilmember Taylor made a motion to approve Resolution R-17-4181.
Mayor Pro Tem Lindamood seconded the motion.
The motion to approve carried with the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy
Coplen and Mike Taylor
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Mayor Newton thanked City staff and the City Manager for the many things they
are doing and have been noticed: the fountain in the loggia is working, the tile in
breezeway has been cleaned, outdoor furniture has been added so patrons may
enjoy lunch or coffee on the patio, the fountain at Hero’s Park is working, there
are flowers planted in front of City Hall. Mayor Newton said all this adds to the
beautification of the City and employees have done all this work themselves. He
also said these are the things which are visible, but there are also things going on
behind the scenes, for example Chief Financial Officer Shereen Gendy and the
financial staff have created financial reports which are outstanding, and he has
recognized them before, but there are many things happening in the City
because of the employees and he appreciates it.
Councilmember Nancy Coplen announced beginning October 18, the Circle of
Friends will be painting their pumpkins at 55 Main Street. The pumpkins will go
on sale on October 21. Proceeds will go toward children’s cancer research.
Councilmember Nakamura invited all to attend the Haunted Trail Fest, October
21, 2017 at 6:00 p.m. at the Colleyville Nature Center.
Proclamation in recognition of Michael Kinsey obtaining the rank of
Eagle Scout
City Council Minutes October 10, 2017
City of Colleyville Page 6
Mayor Newton welcomed Michael Kinsey and noted he appreciates Michael’s
tenacity in moving forward under great personal difficulty and congratulated him
before presenting him with a proclamation recognizing his attainment of the rank
of Eagle Scout, though he has been afflicted with Lyme disease and has not been
able to attend school for the last four years.
Recognition of Employees' Years of the Service
Assistant City Manager Mark Wood recognized Community Development Director
Ben Bryner for one year of service to the City.
Director of Public Safety Police Chief Mike Holder recognized Officers April
Zablosky and Chase Owens for one year of service and Corporal Sandra Scott for
five years of service.
Public Works Director Jeremy Hutt recognized Brett Acosta, Facilities Maintenance
Technician for his five years of service.
Chief Financial Officer Shereen Gendy recognized Karen Hines, Accounting
Manager for ten years of service.
Mayor Newton displayed the plaque received by the City at the Texas Municipal
League Conference designating the City of Colleyville as a Silver Certified Scenic
City.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-17-4182
4a Approval of the minutes of the regular City Council meeting of
September 19, 2017
4b Approval to purchase five Chevrolet Tahoe patrol vehicles, from
Caldwell Country Chevrolet, in an amount not to exceed $159,268,
bid through the State of Texas Cooperative Purchasing Program, and
authorize the city manager to execute all purchasing documents
4c Approval of the sale of found property, seized items, obsolete and
non-serviceable equipment, and vehicles
4d Approval to use the Voluntary Library Fund in Fiscal Year 2018 (FY
2018), for the purchase of library materials, collection processing
supplies, and library programs, in an amount not to exceed $160,000
Mayor Newton read Resolution R-17-4182 in its entirety.
Director of Public Safety Police Chief Mike Holder provided an update regarding
item 4b and 4c.
City Council Minutes October 10, 2017
City of Colleyville Page 7
Councilmember Taylor stated he visited with a company at the TML conference
which refurbishes public works trucks to new condition at half the cost of a new
vehicle purchase and asked Chief Holder if he was aware of a similar program for
police vehicles.
Chief Holder replied he is not aware of such a program, however, he will look into
it and suggested perhaps tier two police vehicles may be a candidate for such a
program.
Public Works Director Jeremy Hutt provided information on item 4c.
Mayor Newton asked Director Hutt where the money from the sale of vehicles
goes. Director Hutt replied he believes the Mayor is asking regarding the police
vehicles. Chief Holder replied as the vehicles are purchased from CCCPD funds,
the money will be returned to the fund. There is one exception which involves a
seized vehicle, those funds will be returned to the seized vehicle fund.
Mayor Newton asked Chief Holder to explain the seized vehicle process. Chief
Holder explained the civil seizure process and noted property and vehicles are
seized when used in the commission of a crime or when purchased from the
proceeds of a crime.
Mayor Newton asked if the City still receives a reasonable deal on the auctioneer,
as the last time an auctioneer was chosen was in 2010.
Director Hutt replied the City has used Rene Bates for the last seven years and
they have always performed well, however, the City did inquire with other
auctioneers to check the rates and Rene Bates is the lowest at 7.5-percent and is
known in the auction industry.
Mayor Pro Tem Lindamood noted his company also utilizes Rene Bates and he
believes the City is receiving the best value.
Mayor Newton opened the public hearing at 8:08 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:08 p.m.
Councilmember Nakamura made a motion to approve Resolution R-17-
4182. Councilmember Dodson seconded the motion.
The motion to approve carried with the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy
Coplen and Mike Taylor
City Council Minutes October 10, 2017
City of Colleyville Page 8
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-17-2032
Consideration of a zoning change from the R-20 Single Family
Residential zoning district to the CPO Professional Office zoning
district on Lot 24, Block 2, of the Fair Way Addition, located at 8308
Precinct Line Road, Case ZC17-015
Mayor Newton read the caption of Ordinance O-17-2032.
Community Development Director Ben Bryner presented this item and briefed the
City Council.
Mayor Newton asked applicant Paul Garcia, 1527 Winter Forest Trail, Keller, if the
property is for his use. Mr. Garcia responded yes, this is for their own business,
his wife is a real estate property broker.
Councilmember Taylor asked staff how to have the TAD map corrected with the
right-of-way purchase. Director Bryner responded we may have to go through a
plat process, in which case it will be recorded at Tarrant County, or the City may
be able to make a GIS update.
City Manager Ducay asked staff how often the tax data is provided for update in
the GIS layer. Director Bryner replied he believes it is annually.
Councilmember Nakamura asked staff if the property is currently zoned R-20 or
commercial. Director Bryner replied R-20.
Mayor Newton asked Mr. Garcia if the structure was going to stay or be torn
down. Mr. Garcia replied the structure will stay and they have already planned to
remodel and make the facility ADA compliant.
Mayor Newton asked Mr. Garcia what they were going to do for a parking lot. Mr.
Garcia stated parking will be in the back area as only eight parking spaces are
required. They had already met with the fire marshal who directed them to leave
the front open with parking in the back.
Mayor Newton asked staff if this is zoning, what is the process and what
approvals will need to be put in place to allow Mr. Garcia to complete the remodel
and provide parking.
Director Bryner stated the plat will have to be filed as a single lot plat which is a
minor plat allowing staff approval. From there they will have to go through a site
plan approval process. As this is a conversion of use, the parking will have to be
evaluated. Additionally, because this will now be non-residential, the screening
and buffering requirements will have to be put in place.
City Council Minutes October 10, 2017
City of Colleyville Page 9
Mayor Newton asked staff what are the screening and buffer requirements.
Director Bryner replied an eight foot masonry wall, 20 feet of landscape area with
plantings.
Mayor Newton asked staff if there has been activity on Curtis Road on the west
side. Director Bryner replied not commercial, but he would have to review the
permits to verify.
Mayor Newton stated the future land use map indicates commercial is the
direction this area is going, however, unless the entire area is aggregated, the
zoning will be taken one lot at a time.
Councilmember Taylor suggested Curtis Road will probably be the dividing line
between commercial and residential.
Councilmember Taylor asked staff if cross access is being designated. Director
Bryner replied yes, the Land Development Code requires new development to
allow the cross access.
Mayor Newton stated after this process, City Council does not see the plats and
therefore he wants to know if staff will require the cross access either on the plat
or in the site plan. Director Bryner agreed it would be a part of the requirement.
City Manager Ducay asked if staff will require the applicant to install the cross
access or provide an easement. Director Bryner replied it would depend on the
proximity of the building plan as to whether an install or easement would be
required.
This was a first reading, therefore City Council did not take any action.
5b Ordinance O-17-2033
Consideration of a zoning change from the CC-1 Village Retail zoning
district to the CC-2 Shopping Center zoning district on Tract 2C03,
Abstract 206, in the BBB & C RY Survey, located at 4917 Colleyville
Boulevard, Case ZC17-016
Mayor Newton read the caption of Ordinance O-17-2033.
Assistant City Manager Mark Wood presented this item and briefed the City
Council.
Mayor Newton asked staff what the stated purpose of the request is for.
Manager Wood replied at this time there is no specific request and he reviewed
the allowed uses.
City Council Minutes October 10, 2017
City of Colleyville Page 10
Steven McGurk, applicant and Vice President, Leon Capital, 3500 Maple Avenue,
Dallas, stated the purpose behind this request is to redevelop the property, and
they are looking to open other uses not permitted in CC-1 and give the property
a chance to be developed, because it has been vacant for the last 17 years.
Mayor Newton stated he and this City Council are trying to be proactive in how
Colleyville develops and having quality development, which means we need to
encourage aggregation to meet this strategy. Mayor Newton asked staff why
then, due to the size of the property, would we be changing the zoning now.
Assistant City Manager Mark Wood stated if all this could be assembled into one
piece of property and be developed all at once that would be ideal, and that is
our strategy. However, in this case, if we increase the potential uses on this site,
it may help them purchase an additional site or portion of a site, which would
provide a better case for the properties to have an enhanced use.
Mayor Newton asked Mr. McGurk who specifically was interested and for what
type of use. Mr. McGurk replied the possibility of aggregation occurs once the
zoning is in place when users can see they would be allowed under a permitted
use.
Councilmember Taylor stated what concerns him is the four businesses Mr.
McGurk listed as having interest in developing if the zoning is put in place - an
automotive shop, tire and battery store, vet clinic, and drive in/drive through
restaurant - and stated this does not really fit the vision of what is wanted there
as it is the only hard corner left in Colleyville which offers opportunity.
Manager Wood stated he would like to point out whatever development may
express an interest after the zoning is changed, may open opportunities to co-
locate. He further noted after Lidl was approved, there has been interest from
other developers to co-locate.
Mr. McGurk stated though City Council believes this is a highly desirable hard
corner, he would argue it is not the traditional hard corner as no one travels Old
Glade Road, they travel Glade Road, and access to the property under
consideration is only accessible by traveling north bound on Highway 26. This
access makes the property less desirable.
Mayor Pro Tem Lindamood asked Mr. McGurk if there are any others expressing
an interest, or are they only considering this one user.
Mr. McGurk replied they are open to everything, however, without this zoning in
place, they cannot build the demand.
Mayor Newton asked how long they have owned the property. Mr. McGurk
replied a little over three years, since 2014.
City Council Minutes October 10, 2017
City of Colleyville Page 11
City Manager Jerry Ducay stated Manager Wood has also had discussions with
property owners about aggregation, so staff is working on this as well.
Mayor Newton stated this is the time to have all these discussions, and hopefully
what will come from these discussions is we proactively increase the probability
of development that fits our vision.
Mr. McGurk replied he understood, but there are also other items to take into
consideration, which is the grading and accessibility.
Mayor Newton opened the public hearing at 8:53 p.m.
Kathy Hadley, 204 Timberline North, spoke in opposition to this item encouraging
City Council to slow down on development and not limit the development
possibilities.
There was no one else present wishing to speak and Mayor Newton closed the
public hearing at 8:56 p.m.
This was a first reading, therefore, City Council did not take any action.
6. TABLED: RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-17-4171
Consideration of a minor plat for the Stowe Addition, on property
legally described as Tract 2A, Abstract 1692, in the Joseph White
Survey, located at 816 Shelton Drive, Case PC17-005
Mayor Newton stated this resolution was tabled at the September 5, 2017
meeting because R-20 zoning was turned down and now is before the City
Council as a variance with its current agricultural zoning. City Council was
concerned because of the opposition to the R-20 zoning and City Council wanted
to ensure those opposed to the R-20, were aware this item is back for
consideration.
Mayor Newton asked staff if another notification was made.
Community Development Director Ben Bryner stated everyone originally notified,
were re-notified.
Councilmember Dodson made a motion to remove this item from the
table. Councilmember Coplen seconded the motion.
The motion to approve carried with the following vote:
City Council Minutes October 10, 2017
City of Colleyville Page 12
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy
Coplen and Mike Taylor
Community Development Director Ben Bryner provided an update to the City
Council.
Councilmember Nakamura asked staff where the front of the house is located.
Director Bryner stated we do not have a requirement of where the front door has
to face, but the true front set back is to the east.
Councilmember Taylor stated this is brought to us as a Shelton address. Director
Bryner concurred.
Mayor Newton stated owners of the property are in a tight spot. This Council
voted to deny the R-20, now its back with a different slant - leave the agricultural
zoning, but change the dimensions, give us variances, so we can still build as if it
is an R-20. The problem with this is it doesn’t seem transparent and I can’t vote
for that.
Councilmember Wheat asked Mayor Newton if this item is denied, is this lot still
buildable. Mayor Newton said it is buildable, but it has to have a variance for the
lot dimensions.
Councilmember Taylor asked City Council what we can find approvable. Mayor
Newton stated we cannot dictate where the house faces, and this is the problem.
Councilmember Coplen asked if the property is going to be vacant forever.
Director Bryner stated the next step would be to go before the Zoning Board of
Adjustment and justify a hardship.
Councilmember Wheat asked what comes of proving a hardship with ZBA.
Director Bryner replied staff would then be able to file the plat and a building
permit could be issued.
Councilmember Taylor stated he would rather control the process. Mayor Newton
agreed.
There was discussion regarding the authority of the Zoning Board of Adjustment.
Mayor Newton read Resolution R-17-4171 in its entirety.
Mayor Newton opened the public hearing at 9:22 p.m.
James Day, 805 Shelton Drive, spoke in opposition with concern for the history of
the lots, opposition to the variance requests, and the density which would occur.
City Council Minutes October 10, 2017
City of Colleyville Page 13
Donna Walker, 804 Shelton Drive, spoke in opposition to this item with concern
for the direction of the house, but not against a house being built.
Kathy Hadley, 2014 Timberline North, spoke in opposition to this item and stated
she felt it would be a nice lot for an estate home.
Lisa Grossman, 6014 Pleasant Run Road, spoke neither in support nor opposition,
but provided history on the lot and suggested if the house faced Pleasant Run she
would accept a 25-foot set back, but not a 10-foot set back. She also stated
agriculture zoning allows only 20-percent of lot coverage, which is what she had
to accommodate and it is important to her that no one else be allowed to surpass
the 20-percent coverage.
Jeff Avery, 1314 Worthington Street, Grapevine, representing the defense of Ellie
Stowe and Greg Shannon spoke in support of this item, highlighting his history of
developing in Colleyville and stated he is not the owner of the property, he is
trying to professionally assist the estate. There is no desire to subdivide the
property, they are not asking for anything special, they are trying to say help us
create the best house for the neighborhood and for the community.
Cary Schroeder, 6821 Chase Street, North Richland Hills, court appointed
attorney to Mrs. Stowe in 1977 spoke in support of this item. Mr. Schroeder
stated the property is still in a trust and there is a fiduciary duty to sell the
property, failing an agreement this item will have to go to court.
Greg Shannon, Trustee of the Ellie Stowe Trust, 3205 Tanglewood Trail, Fort
Worth, spoke in support of this item, providing a history of the property and
trust. He stated when potential buyers find out about the zoning of the property,
the offers are pulled. Therefore, the trust is asking for guidance on what is
acceptable to the City Council so the property can be sold.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 9:45 p.m.
Mayor Newton summarized the comments of the speakers.
Mayor Pro Tem Lindamood provided an example of what the property would look
like with a 4,900 square foot structure, facing Pleasant Run with 40-foot set
backs on all sides except the north side which has a ten-foot set back.
Lisa Grossman stated she wanted to make note that a 4,000 square foot
structure violates the 20-percent agriculture lot coverage.
Mayor Newton asked staff how the percentage of coverage is computed. Director
Bryner stated the coverage is based on the total lot size.
City Council Minutes October 10, 2017
City of Colleyville Page 14
There was discussion regarding regulations for fencing.
Councilmember Taylor made a motion to table this item and direct staff
to work with all parties to come to an agreement. Mayor Pro Tem
Lindamood seconded the motion.
The motion to table was approved by the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy
Coplen and Mike Taylor
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-17-4183
Consideration of a replat on property legally described as Lot 1R,
Block 1, of the Oak Knoll West Subdivision, located at 5112 Oak
Timbers Court, Case PC17-013
Mayor Newton read Resolution R-17-4183 in its entirety.
Community Development Director Ben Bryner presented the item and briefed the
City Council.
Councilmember Wheat asked staff what is the square footage of the surrounding
lots. Director Bryner stated approximately 40,000 square feet.
Councilmember Nakamura asked staff for the total acreage. Director Bryner
replied just under an acre, .9 acre, which is a little over 40,000 square feet and
to be able to subdivide requires a minimum of 20,000 square feet so they just
barely comply.
Mayor Newton stated there were six residences included in the notification area.
Director Bryner concurred.
Mayor Newton stated the briefing analysis states per the Land Development
Code, up to 12 single-family residential lots are allowed to be served by a cul-de-
sac with R-20 zoning. Mayor Newton asked staff if this means if this item is
approved, it will be the twelfth lot and no other properties will be allowed to
subdivide.
Director Bryner stated if they were to divide they would have to improve the cul-
de-sac by acquiring right-of-way and constructing a cul-de-sac.
Steve Isbell, applicant, 5112 Oak Timbers Court, briefed the City Council.
City Council Minutes October 10, 2017
City of Colleyville Page 15
Mayor Newton asked Mr. Isbell if the other lots on the cul-de-sac are under
40,000 and how long he has lived in Colleyville. Mr. Isbell agreed the other lots
are under 40,000 square feet and he has lived in Colleyville for 14 years.
Mayor Newton opened the public hearing at 10:28 p.m. There was no one
present wishing to speak and Mayor Newton closed the public hearing at 10:28
p.m.
Councilmember Wheat expressed her concern regarding this item not meeting
the true requirements of a 100 foot diameter right-of-way and 80 foot of
pavement, which means if we approve this we have twelve residences being
served by a cul-de-sac that does not exist because this is a dead-end road.
Mayor Newton concurred stating the road does not fit in our current ordinance
requirements, but the twelfth lot does.
Mayor Pro Tem Lindamood concurred with the remarks of Mayor Newton and
Councilmember Wheat and stated all the houses are being serviced and adding
another residence does not change that.
Councilmember Taylor made a motion to approve Resolution R-17-4183.
Councilmember Coplen seconded the motion.
The motion to approve carried with the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy
Coplen and Mike Taylor
Mayor Newton recessed the meeting at 10:22 p.m. and reconvened the
meeting at 10:31 p.m.
7b Resolution R-17-4184
Consideration of appointments to the Colleyville Economic
Development Corporation
Mayor Newton read Resolution R-17-4183 in its entirety.
Mayor Newton opened the public hearing at 10:56 p.m.
There was no one present wishing to speak and Mayor Newton closed the public
hearing at 10:56 p.m.
Councilmember Wheat made a motion to approve Resolution R-17-4184
appointing Ralph Hunkins, John Terhoeve, and Mark Slosson to the
City Council Minutes October 10, 2017
City of Colleyville Page 16
Colleyville Economic Development Corporation with a term expiring
September 2019. Mayor Pro Tem Lindamood seconded the motion.
The motion carried with the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy
Coplen and Mike Taylor
Agenda items 7c through 7g were taken in the following order: 7d, 7e, 7c, 7f, 7b,
and 7g.
7c Resolution R-17-4185
Consideration of appointments to the Historical Preservation Committee
Mayor Newton read Resolution R-17-4185 in its entirety.
Mayor Newton opened the public hearing at 10:49 p.m.
There was no one present wishing to speak and Mayor Newton closed the public
hearing at 10:49 p.m.
Councilmember Taylor made a motion to approve Resolution R-17-4185
appointing Jeffrey Moschel, Gigi Walker, Zach Atkinson and Jeff Gilstrap
to the to the Historical Preservation Committee with a term expiring
September 2019 and directing the City Secretary to advertise and accept
applications for the remaining vacancies. Councilmember Nakamura
seconded the motion.
The motion carried with the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy
Coplen and Mike Taylor
7d Resolution R-17-4186
Consideration of appointments to the Library Board
Mayor Newton read Resolution R-17-4186 in its entirety.
Mayor Newton opened the public hearing at 10:40 p.m. There was no one
present wishing to speak and Mayor Newton closed the public hearing at 10:40
p.m.
Councilmember Coplen made a motion to approve Resolution R-17-4186
appointing Kay Newton, Place 1; Pat Jones, Place 3; Billie Tuttle, Place 5;
City Council Minutes October 10, 2017
City of Colleyville Page 17
Cecilia Sublette, Alternate 1; Mike Sexton, Alternate 2; with a term
expiring September 2019 and Gary McPherson, Place 2, with a term
expiring September 2018 to the Library Board. Councilmember Dodson
seconded the motion.
The motion carried with the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy
Coplen and Mike Taylor
7e Resolution R-17-4187
Consideration of appointments to the Metroport Teen Court Advisory
Board
Mayor Newton read Resolution R-17-4187 in its entirety.
Mayor Newton opened the public hearing at 10:43 p.m. There was no one
present wishing to speak and Mayor Newton closed the public hearing at 10:43
p.m.
Councilmember Wheat made a motion to approve Resolution R-17-4187
appointing Kelley Tookey and Sayeda Syed to the Metroport Teen Court
Advisory Board with a term expiring September 2018 and appointing
Councilmember Tammy Nakamura as City Council Liaison to the board
with a term expiring September 2018. Mayor Pro Tem Lindamood
seconded the motion.
The motion carried with the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy
Coplen and Mike Taylor
7f Resolution R-17-4188
Consideration of appointments to the Planning and Zoning
Commission
Mayor Newton read Resolution R-17-4188 in its entirety.
Mayor Newton opened the public hearing at 10:52 p.m. There was no one
present wishing to speak and Mayor Newton closed the public hearing at 10:52
p.m.
Mayor Pro Tem Lindamood made a motion to approve Resolution R-17-
4188 appointing Charles Kelley, Place 5; Claudia Bevill, Place 6; and
City Council Minutes October 10, 2017
City of Colleyville Page 18
Jason Elms, Place 7; to the Planning and Zoning Commission with a term
expiring September 2019. Councilmember Dodson seconded the motion.
The motion carried with the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy
Coplen and Mike Taylor
7g Resolution R-17-4189
Consideration of appointments to the Zoning Board of Adjustment
Mayor Newton stated there were not enough applications to fill the positions, and
he would like time to advertise and solicit additional applications.
Mayor Newton made a motion to table Resolution R-17-4189. Mayor Pro
Tem Lindamood seconded the motion.
The motion to table carried with the following vote:
Aye: 7 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Nancy
Coplen and Mike Taylor
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
Kathy Hadley 204 Timberline North, spoke regarding the crosswalk and traffic on
Bransford Road, sidewalk requirements, and requested the City Council vet
board, commission, and committee applicants.
9. REPORTS
Special Events Ad Hoc Committee Minutes - August 2, 2017
Water and Wastewater Rate Advisory Committee Minutes - August 22, 2017
Special Events Ad Hoc Committee Minutes - September 6, 2017
Annual activity report of the Colleyville Economic Development Corporation
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER
10, 2017 - READING AND PUBLIC HEARING - RESOLUTION R-17-
4190
This resolution was not needed.
City Council Minutes October 10, 2017
City of Colleyville Page 19
11. ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the City Council meeting at 11:04 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE
7TH DAY OF NOVEMBER 2017.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary