HomeMy WebLinkAboutCity Council-Minutes-06/05/2018 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, June 5, 2018
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of Health Insurance Renewal
WS-2 Overview of the Budget Process
WS-3 Discussion of dates for a City Council goals and objectives worksession
WS-4 Discussion of the City Council portrait
WS-5 Discussion of the June 5, 2018, 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 items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding
contemplated and/or pending litigation, including:
Glade Road eminent domain cases for Parcels 150 and 159
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities, including:
Glade Road Project Phases 1B and 2
Acquisition of real property along SH26
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 of Colleyville Page 2
City Council Agenda June 5, 2018
REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
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-18-4267
3.
ELECTION OF A MAYOR PRO TEM
Election of Mayor Pro Tem4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Presentation of the new City vehicle tailgate wraps – Mayor Newton and
Public Information Specialist Dustin Dangli
Presentation of the Government Finance Officers Association (GFOA)
Distinguished Budget Presentation Award for the Fiscal Year 2018 budget -
Mayor Richard Newton and CFO Shereen Gendy
5. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4268
5a Approval of the minutes of the Special City Council meeting of May 15,
2018
5b Approval of the minutes of the regular City Council meeting of May 15,
2018
5c Approval of a contract with Merrell Bros., Inc., in an amount not to
exceed $388,520, for the dredging of the Kimzey Park pond, and
authorizing the City Manager to execute the contract
5d Approval of an amendment to the agreement for professional services
with Freese and Nichols, Inc. in an amount not to exceed $183,020 for
an additional scope of work, including development of construction
documents for the City plaza, and authorizing the City Manager to
execute the amendment
City of Colleyville Page 3
City Council Agenda June 5, 2018
5e Approval of a construction contract with GRA-Tex Utilities, Inc., for the
Manning Drive Wastewater Project 3 and Paving Improvements Project,
in an amount not to exceed $606,193.50 which includes a $30,000
contingency, and authorizing the City Manager to execute the contract
and any associated change orders
6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
6a Ordinance O-18-2044
Consideration of an amendment to the PUD-R Planned Unit
Development-Commercial zoning district to allow for a drive-through
services on Lot 3, Block 11, Longwood Estates at Ross Downs, located
at 7181 Colleyville Boulevard, Case ZC18-009
6b Ordinance O-18-2045
Consideration of a Special Use Permit to exceed the maximum number
and total maximum size allowed by right for accessory buildings on Lot
1, Block 1, of the K Bar G Estates addition, located at 6401 Westcoat
Drive, Case ZC18-010
6c Ordinance O-18-2046
Consideration of a zoning change from the AG-Agricultural zoning
district to the R-40 Single Family Residential zoning district on a
portion of Lot 1, Block 1, of the Wood Estates Addition, located at 411
McDonwell School Road E, Case ZC18-011
6d Ordinance O-18-2047
Consideration of a Special Use Permit to exceed the total maximum
size allowed by right for accessory buildings and for a Servants' or
Caretakers' Quarters on Tract 5B02, Abstract 294, in the Robert
Chowing Survey, located at 5810 Pool Road, Case ZC18-012
6e Ordinance O-18-2048
Consideration of a zoning change from the AG-Agricultural and R-20
Single Family Residential zoning districts to the AG-Agricultural and R-
20 Single Family Residential zoning districts on Lot 1, Block 1, of the
Allzim Acres Addition, and Tracts 2A7B, 2A8C, & 2A9A, Abstract 533,
in the Mary M. Freeman Survey, and Tract 4D02, Abstract 295, in the
William E. Crooks Survey, located at 7209 & 7215 John McCain Road,
Case ZC18-013
City of Colleyville Page 4
City Council Agenda June 5, 2018
6f Ordinance O-18-2049
Consideration of a zoning change from the AG-Agricultural zoning
district to the RE Single Family ‘Estate’ Residential zoning district on
Tracts 1B & 1B1A, Abstract 294, in the Robert Chowning Survey,
located at 6900 Pool Road, Case ZC18-014
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-18-4268
Consideration for approval of a site plan for athletic fields on Lot 1R,
Block 1, of the Covenant Christian Academy Addition, located at 901
Cheek-Sparger Road, Case SP18-001
7b Resolution R-18-4269
Request to appeal the decision of the Sign Board of Appeals for the
consideration of a variance to the provisions of Section 7-150,
Permanent Freestanding Signs – Sign Classification and Regulations of
the Land Development Code, specifically the minimum setback
requirements, on Lot 2, Block 1, of the SW Colleyville Office Park
Addition, located at 607 Cheek-Sparger Road, Case SC18-001
7c Resolution R-18-4270
Consideration of a waiver request to the sidewalk requirements on
Eastpointe Court of Eastpointe Terrace subdivision located at 6480 Pool
Road, Case GC18-001
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
9. REPORTS
Planning and Zoning Commission Worksession Meeting Minutes - February
26, 2018
Planning and Zoning Commission Worksession Meeting Minutes - March 26,
2018
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 5,
2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4271
11. ADJOURNMENT
City of Colleyville Page 5
City Council Agenda June 5, 2018
I hereby certify this agenda was posted on City Hall bulletin boards Friday, June 1,
2018 by 5:00 p.m.
Christine Loven, TRMC
City Secretary
A quorum of any Colleyville board, commission, or committee may be present at
this meeting.
Any matter on this agenda may, at the discretion of the governing body, be
opened for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 1
City of Colleyville
City Council
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, June 5, 2018
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, June 5, 2018, at 5:30 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
ABSENT: Councilmember Chuck Kelley
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief
Brian Riley, Community Development Director Ben Bryner, Library and Special
Events Director Mary Rodne, Human Resources Director Jesse Perez, Marketing
Coordinator Dustin Dangli, City Attorney Whitt Wyatt, and City Secretary Christine
Loven.
Mayor Newton recognized Chandler Merritt, Chief of Staff, Office of Tarrant County
Judge Glen Whitley was in attendance.
WS-1 Discussion of Health Insurance Renewal
Human Resources Director Jesse Perez presented an overview of the medical
benefits renewal, and introduced Andrew Weegar, Employee Benefits Specialist,
IPS Advisors, who presented this item and answered questions of the City
Council.
Mr. Weegar noted this year’s RFP was for medical only and reviewed the
objectives and results of the RFP. Mr. Weegar explained the negotiation process
and the ending result of a seven-percent increase in medical renewal. He further
explained the City will implement a Health Reimbursement Account (HRA).
Mr. Weegar reviewed the recommendations for renewal of vision, dental,
ancillary, and employee assistance program benefits.
Councilmember Nakamura asked Mr. Weegar if he felt this renewal and rates
were competitive with the other cities which he works with. Mr. Weegar stated he
felt it was competitive and noted some cities have a much higher average
increase of between 16-25 percent.
Mayor Newton thanked staff and Mr. Weegar for their work.
City Council Minutes June 5, 2018
City of Colleyville Page 2
WS-2 Overview of the Budget Process
Assistant City Manager Adrienne Lothery presented this item, reviewing the
process for the FY 2019 budget preparation and answered questions of the City
Council.
Councilmember Wheat asked staff if some vehicles were replaced through the
CCCPD fund. Assistant City Manager Lothery stated that is correct and provided
information regarding which vehicles were paid from which funds, using some
police vehicles being paid out of CCCPD and water utility vehicles being paid from
the utility fund as an example.
Manager Lothery reviewed the budget worksession calendar and the tax rate
procedures.
Mayor Newton asked Manager Lothery what the effective tax rate looks like.
Manager Lothery stated she could not provide an estimate at this time as there
were too many unknowns regarding property valuations from TAD. However, she
believes we will have a budget that will support the Council’s strategy of lowering
the tax rate to the effective tax rate.
WS-3 Discussion of dates for a City Council goals and objectives worksession
Mayor Newton and the City Council chose the date of June 20, 2018, for the goals
and objectives worksession. This worksession will begin immediately following
the budget worksession which begins at 4:00 p.m.
WS-4 Discussion of the City Council portrait
Mayor Pro Tem Lindamood led the discussion regarding the City Council portrait
and the plain look of the City Hall lobby. The City Council agreed they would like
something different and the City Manager should be included in the portraits.
City Council directed staff to secure a photographer and work with the
photographer for a concept.
WS-5 Discussion of the June 5, 2018, City Council regular agenda items
Mayor Newton noted the City Council received comments today, June 5, 2018,
regarding Agenda Item 6e, which have been placed at their seats in the Executive
Conference Room.
Mayor Newton adjourned the worksession at 6:30 p.m.
Mayor Newton called the Executive Session to order at 6:31 p.m. and called the
roll.
City Council Minutes June 5, 2018
City of Colleyville Page 3
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
ABSENT: Councilmember Chuck Kelley
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 items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding
contemplated and/or pending litigation, including:
• Glade Road eminent domain cases for Parcels 150 and 159
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities, including:
• Glade Road Project Phases 1B and 2
• Acquisition of real property along SH26
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 7:20 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:33 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
City Council Minutes June 5, 2018
City of Colleyville Page 4
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-18-4267
This resolution was not needed.
3. ELECTION OF A MAYOR PRO TEM
Election of Mayor Pro Tem
Mayor Newton opened the floor for nominations for Mayor Pro Tem.
Councilmember Wheat made a motion to elect Mayor Pro Tem Bobby
Lindamood for the 2018-2019 year, Councilmember Nakamura seconded
the motion.
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and
Callie Rigney.
Absent: 1 – Councilmember Chuck Kelley
4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Mayor Newton announced Police Chief Michael Miller was in attendance for his first
formal City Council meeting and thanked him for attending.
Councilmember Wheat encouraged participation in the Library’s Summer Reading
Program and noted details are available on the City’s website.
Mayor Pro Tem Lindamood encouraged everyone to attend Red, White, and Sousa
with Asleep at the Wheel on June 22, 2018 at Colleyville Center.
Councilmember Nakamura highlighted the new City of Colleyville website and
encouraged citizens with comments to reach out to staff or Councilmember
Dodson.
Councilmember Dodson reminded everyone early voting was occurring and
Election Day is June 16, 2018 at Bransford Elementary School.
Presentation of the new City vehicle tailgate wraps – Mayor Newton and
Public Information Specialist Dustin Dangli
City Council Minutes June 5, 2018
City of Colleyville Page 5
Mayor Newton stated Public Information Specialist Dustin Dangli was leaving
Colleyville and going to Cleburne. Mayor Newton thanked Dustin and together
they displayed a City vehicle tailgate with a wrap signifying one of the four City
initiatives being promoted on City vehicles.
Presentation of the Government Finance Officers Association (GFOA)
Distinguished Budget Presentation Award for the Fiscal Year 2018 budget -
Mayor Richard Newton and CFO Shereen Gendy
Mayor Newton recognized Assistant City Manager Adrienne Lothery who thanked
staff for their work in achieving the GFOA Distinguished Budget Presentation
Award for the 24th consecutive year.
5. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4268
5a Approval of the minutes of the Special City Council meeting of May 15,
2018
5b Approval of the minutes of the regular City Council meeting of May 15,
2018
5c Approval of a contract with Merrell Bros., Inc., in an amount not to
exceed $388,520, for the dredging of the Kimzey Park pond, and
authorizing the City Manager to execute the contract
5d Approval of an amendment to the agreement for professional services
with Freese and Nichols, Inc. in an amount not to exceed $183,020 for
an additional scope of work, including development of construction
documents for the City plaza, and authorizing the City Manager to
execute the amendment
5e Approval of a construction contract with GRA-Tex Utilities, Inc., for the
Manning Drive Wastewater Project 3 and Paving Improvements Project,
in an amount not to exceed $606,193.50 which includes a $30,000
contingency, and authorizing the City Manager to execute the contract
and any associated change orders
Mayor Newton read Resolution R-18-4268 in its entirety.
Parks and Recreation Director Lisa Escobedo presented item 5c.
Assistant City Manager Adrienne Lothery presented item 5d and introduced Shane
Friese, Freese and Nichols.
Assistant City Manager Mark Wood presented item 5e.
City Council Minutes June 5, 2018
City of Colleyville Page 6
Mayor Newton opened the public hearing at 8:02 p.m.
David Dudziak, 2301 Wilkes Court spoke in support of item 5c and gave a brief
history of Kimzey Park.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 8:05 p.m.
Councilmember Dodson made a motion to approve Resolution R-18-4268
and Councilmember Nakamura seconded the motion.
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and
Callie Rigney.
Absent: 1 – Councilmember Chuck Kelley
6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
6a Ordinance O-18-2044
Consideration of an amendment to the PUD-R Planned Unit
Development-Commercial zoning district to allow for a drive-through
services on Lot 3, Block 11, Longwood Estates at Ross Downs, located
at 7181 Colleyville Boulevard, Case ZC18-009
Mayor Newton read the caption of Ordinance O-18-2044.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
Councilmember Dodson asked staff what direction the drive through traffic moved
and if there was one access. Director Bryner responded there are two access
points and direction of traffic is regulated by the access point.
Mayor Newton requested a larger view of the area be provided which includes the
other buildings in the area.
There was discussion on providing a more detailed drawing and if separation of
lanes can be defined. City Manager Ducay stated other items can be defined as
well, to include curb, masonry wall, and landscaping. Councilmember Dodson
stated he felt it should all be defined.
City Council Minutes June 5, 2018
City of Colleyville Page 7
Councilmember Wheat asked if the drive-through can be used for any commercial
use. Director Bryner replied other uses are allowed, the exception being a
restaurant.
Mayor Newton asked staff if this request is a zoning modification. Director Bryner
replied that is correct. Mayor Newton asked if a site plan can be required now.
Director Bryner stated he would advise the applicant.
Mayor Newton opened the public hearing at 8:19 p.m.
David Dudziak, 2301 Wilkes Court, spoke in support of this item and controlling
traffic to limit disruption to the residential area.
Pam Wozniak, 7004 Coleman Court, spoke regarding the late notice concerning
the zoning request, concerns regarding traffic and speed.
Robert Egan, 2410 Twelve Oaks, spoke in opposition to this item with concerns for
the queuing of vehicles and safety of pedestrians.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 8:24 p.m.
This was the first reading, therefore, Council did not take any action.
6b Ordinance O-18-2045
Consideration of a Special Use Permit to exceed the maximum number
and total maximum size allowed by right for accessory buildings on Lot
1, Block 1, of the K Bar G Estates addition, located at 6401 Westcoat
Drive, Case ZC18-010
Mayor Newton read the caption of Ordinance O-18-2045.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
Mayor Newton stated this is a large parcel and as he has stated before, he sees no
issues with this request.
Mayor Newton asked if the rectangles on the exhibit were different parcels.
Director Bryner replied this is one parcel, however, a smaller portion is being
taxed at the agriculture rate.
Mayor Newton opened the public hearing at 8:31 p.m.
Chuck Polk, 5705 Ponderosa, spoke in favor of this item on behalf of the applicant.
City Council Minutes June 5, 2018
City of Colleyville Page 8
There were no others wishing to speak and Mayor Newton closed the public
hearing at 8:31 p.m.
This was the first reading, therefore, Council did not take any action.
6c Ordinance O-18-2046
Consideration of a zoning change from the AG-Agricultural zoning
district to the R-40 Single Family Residential zoning district on a portion
of Lot 1, Block 1, of the Wood Estates Addition, located at 411
McDonwell School Road E, Case ZC18-011
Mayor Newton read the caption of Ordinance O-18-2046.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
Mayor Newton stated the exhibit shows Cutter Ridge to be AG zoning and asked
staff if this is correct as it is a subdivision. Director Bryner stated he can research
the history and perhaps provide an answer.
Councilmember Wheat asked what the lot size of the new R-40 lot would be.
Director Bryner stated 1.44 acres, which exceeds the R-40 requirements.
Councilmember Dodson asked for a larger map showing Westcoat and McDonwell
Road.
Mayor Newton opened the public hearing at 8:38 p.m.
Chuck Polk, 5705 Ponderosa, spoke in favor of this item on behalf of the applicant
who could not be in attendance.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 8:39 p.m.
Mayor Newton asked who the owner of these parcels were. Mr. Polk stated Mrs.
Garrison owns both parcels and the adjacent land to the west.
Mayor Newton stated, the most west parcel which is AG, will be incorporated into
Mrs. Garrison’s current AG parcel.
This was the first reading, therefore, Council did not take any action.
City Council Minutes June 5, 2018
City of Colleyville Page 9
6d Ordinance O-18-2047
Consideration of a Special Use Permit to exceed the total maximum size
allowed by right for accessory buildings and for a Servants' or
Caretakers' Quarters on Tract 5B02, Abstract 294, in the Robert
Chowing Survey, located at 5810 Pool Road, Case ZC18-012
Mayor Newton read the caption of Ordinance O-18-2047.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
Mayor Newton stated this is a large parcel and as he has stated before, he sees no
issues with the request for additional accessory buildings, but questions the
request for three living units on the property. Director Bryner stated there are two
living units when following the letter of what constitutes a living unit; with a living
unit being defined as having a kitchen. The Land Development Code allows
servant’s quarters or a guest house on a parcel this size.
Mayor Newton noted he is familiar with the history of the zoning. It was zoned as
a PUD-R allowing one single family residence, but did allow a small horse
commercial operation. Everyone needs to understand the property is still zoned in
that manner and could be used for a commercial horse farm.
Mayor Newton asked if the applicant was present. William Stearman, 2248
Bedford Circle, Bedford, stated the property has been purchased for the sole use
of the Stearman family.
Mayor Newton asked Mr. Stearman if he was aware of the zoning. Mr. Stearman
replied he was and stated he is a veterinarian, but has no intention of making the
property a commercial use.
Councilman Dodson expressed his concern the owner could rent the units on the
property. Mayor Newton asked Mr. Stearman if he would have any issues to
adding a stipulation stating this is for family use only and no rentals are allowed
into the SUP. Mr. Stearman stated he has no issue with the stipulation.
Mayor Newton opened the public hearing at 8:53 p.m.
Don Ferrier, 6137 Walnut Drive, Fort Worth, spoke in favor of this item.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 8:54 p.m.
Mayor Newton stated Mr. Stearman is a good neighbor and he applauded his
efforts for planting over 100 trees and designing his residence to avoid removing
old trees.
City Council Minutes June 5, 2018
City of Colleyville Page 10
This was the first reading, therefore, Council did not take any action.
6e Ordinance O-18-2048
Consideration of a zoning change from the AG-Agricultural and R-20
Single Family Residential zoning districts to the AG-Agricultural and R-
20 Single Family Residential zoning districts on Lot 1, Block 1, of the
Allzim Acres Addition, and Tracts 2A7B, 2A8C, & 2A9A, Abstract 533, in
the Mary M. Freeman Survey, and Tract 4D02, Abstract 295, in the
William E. Crooks Survey, located at 7209 & 7215 John McCain Road,
Case ZC18-013
Mayor Newton read the caption of Ordinance O-18-2048.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
Mayor Newton asked staff if there is to be a home on the AG portion of the lot.
Director Bryner replied yes, that is his understanding, and the house would be
closer to John McCain. Mayor Newton asked why the zoning is AG instead of RE-
Residential Estate. Director Bryner replied RE is smaller zoning less than two
acres, and the AG zoning is three acre minimum.
Councilmember Wheat asked staff is the applicant is trading some R-20 zoning to
go to AG zoning so the lots can be put in more appropriately. Director Bryner
stated that is correct as the back part of the property is difficult to reach.
Councilmember Wheat stated she understood the concept and wondered if those
who are in opposition to this request understand the reasoning.
Councilmember Wheat stated this end of John McCain is very narrow and curving
and she believes putting a subdivision in is dangerous and needs to be addressed.
Councilmember Dodson asked for clarification on the location of a house and if
minimum requirements are being met. Director Bryner noted all minimum
requirements have been met.
There was discussion regarding this request being a straight zoning request and
the ability to change the zoning to a PUD-R and include a 30-foot landscaping
requirement.
There was discussion regarding the best location for access to the development
and zoning within the development.
Mayor Newton opened the public hearing at 9:09 p.m.
Christie Kimbell, 7201 Vanguard Court, spoke in opposition of this item, with
concerns for trees, easements, and safety. Ms. Kimball stated the developer has
City Council Minutes June 5, 2018
City of Colleyville Page 11
been very amenable, but stated all of the assurances have been verbal and
everything must be in writing.
Sharla Hermes, 7109 Vanguard Court, spoke in opposition to this item with
concerns for privacy and quiet, easement and fencing requirements, preference to
the zoning being a PUD.
Heidi Hughes, 7305 Vanguard Court, spoke in opposition to this item with concerns
for the road.
Al Zim, 7209 John McCain, spoke in support of this item and stated the John
McCain traffic is caused by traffic from 1709 and 114, not the proposed
development.
Wesley Dawson, 406 Pecan Drive, Irving, Developer, spoke in support of this item
and presented this item to the City Council, explaining his interest in tree
preservation, making the development a place he and his family will live which is
low density and high quality.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 9:25 p.m.
Mayor Newton stated he appreciated everyone’s comments and he believes all the
details can be worked out.
Mayor Newton provided the following recap of what needs to be addressed:
How to address John McCain access and traffic;
How to keep control of the development so it conforms with the Colleyville vision;
and
How to include all these facets by zoning.
There was discussion regarding the location of the developer’s home, tree
preservation, fencing, HOA covenants, platting, and tree mitigation.
Mayor Newton asked Mr. Dawson is he is agreeable to adding conditions to the
ordinance and to discussing drainage in the future. Mr. Dawson said he is
agreeable to this point but, everything must be documented.
This was the first reading, therefore, Council did not take any action.
6f Ordinance O-18-2049
Consideration of a zoning change from the AG-Agricultural zoning
district to the RE Single Family ‘Estate’ Residential zoning district on
Tracts 1B & 1B1A, Abstract 294, in the Robert Chowning Survey, located
at 6900 Pool Road, Case ZC18-014
City Council Minutes June 5, 2018
City of Colleyville Page 12
Mayor Newton read the caption of Ordinance O-18-2049.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
Councilmember Wheat asked for clarification of the lot size at 2417 Pool Road.
Director Bryner stated this is a different owner.
Councilmember Wheat asked if this construction is causing the snake infestation in
the Twelve Oaks Subdivision. City Manager Ducay stated the City is sending a
professional out to review the area and make recommendations, however, he does
not believe there is any action occurring which is causing the snake migration.
Councilmember Dodson asked if the property is in the 100 year flood plain.
Director Bryner noted there is a very small piece of the property in the flood plain.
Mayor Newton opened the public hearing at 9:41 p.m.
David Dudziak, 2301 Wilkes Court, spoke in favor of this item on behalf of himself
and the Ross Downs HOA and expressed his appreciation to the City Manager to
listening to their concerns over the snake infestation.
Brian Stewart, 2502 Twelve Oaks Lane, spoke in support of this item and
addressed the number of snakes on his property.
Wendy Stewart, 2502 Twelve Oaks Lane, spoke in support of this item and stated
the snakes are a health hazard.
Robert Eagan, 2410 Twelve Oaks Lane, spoke in opposition of this item asking the
zoning change wait until the snake issue is addressed and thanked the City for the
assistance with the snakes. Mr. Eagan spoke regarding his wife being snake bitten
and hospitalized, which is why he requests there be no action until the snakes are
addressed.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 9:51 p.m.
This was a first reading, therefore, Council did not take any action.
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-18-4268
Consideration for approval of a site plan for athletic fields on Lot 1R,
Block 1, of the Covenant Christian Academy Addition, located at 901
Cheek-Sparger Road, Case SP18-001
City Council Minutes June 5, 2018
City of Colleyville Page 13
Mayor Newton read Resolution R-18-4268 in its entirety.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
Councilman Dodson asked for a clarification on the length and location of the
screen.
City Manager Ducay asked for additional design elements to be added to the
building on Wayne Drive, suggesting the addition of stone and landscaping.
Mayor Pro Tem Lindamood stated it appears the tree buffer can be left in place.
Mayor Newton stated the original plans called for parking below the ball field and
why the new parking lot above ground was now okay.
Keith Castello, 2112 Northglen Drive, North Richland Hills, head master at
Covenant Christian Academy, representing Covenant Christian Academy (CCA), as
the applicant came forward at the Mayor’s request to answer the questions noted.
Mr. Castello explained the original parking was to accommodate potential school
size, however, the school size and attendance projections at full build-out have
been reduced. Additionally, CCA had anticipated field use by third parties and had
planned for those occurrences, however, at the time of approval of the previous
PUD, the City and neighbors had requested and approved limiting the number of
nights the lights could be turned on, which also limited the ability to lease the
fields to third parties. These two items led to the elimination of the need for the
previously approved parking.
Mayor Newton asked Mr. Castello if every parking space, to include the spaces all
the way up to Cheek-Sparger Road will need to be utilized to accommodate the
current plan. Mr. Castello replied yes. Mayor Newton then asked if in the future,
there is residential on Wayne Drive, would CCA be in agreement with the City
placing no parking signs along that area. Mr. Castello replied CCA would agree to
that and touched on events which CCA has provided a shuttle.
Councilmember Dodson asked Mr. Castello how far the net goes. Mr. Castello
stated the architect is here and could answer the question better than he,
however, the net was designed so an incident of a foul ball going into a resident’s
yard would be extremely rare.
Clint Wofford, Vice President, Schrickle Rollins Architects, 1161 Corporate Drive
West, Arlington, architect, stated the net is 30-feet tall and sits on top of a three-
foot retaining wall which extends to the dugout and approximately 80-feet
between first and third base.
City Council Minutes June 5, 2018
City of Colleyville Page 14
Councilmember Rigney asked if the net could be angled. Mr. Wofford stated
angling the net does not help in relationship to a foul ball, the height is the factor
to be considered.
Mayor Newton asked Mr. Wofford if it would be possible to incorporate the City
Manager’s suggestions to enhance the building design. Mr. Wofford stated it could
be done as an addition to their original east side design, and dependent on the
construction costs.
Mayor Newton asked if the action on the resolution can move forward or if it
should wait until there is a review of the costs. Mr. Wofford stated he felt the City
Council could make the changes conditional and move forward tonight.
City Manager Ducay asked Mr. Wofford if landscaping along Wayne Drive had been
designed. Mr. Wofford stated yes, there are parkway trees, and retained trees.
Additionally, there is beautification with shrubs and grasses in front of the
building, parallel to Wayne Drive.
Mayor Newton opened the public hearing at 10:18 p.m. The following did not wish
to speak, but wanted their consideration read for the record.
Support: Kathy Hadley, 204 N. Timberline; Adam Harvell, 909 Harwood Terrace,
Bedford; Bobby and Sveta Lowe, 4809 Cranbrook Drive W; Rusty Beam, 4702 Mill
Crossing W; Jeff Williamson, 5509 Janet Lane; Shannon Caraway, 1907 Caspian
Lane; Steve and Becca Turner, 444 Hillview Drive, Hurst.
There were no other cards presented or speakers present wishing to speak and
Mayor Newton closed the public hearing at 10:20 p.m.
Councilmember Wheat made a motion to approve Resolution R-18-4268,
subject to architectural approval by staff to reflect the additional
architectural improvements in material and design to reflect the quality
on the south side of the building. Mayor Pro Tem Lindamood seconded
the motion.
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and
Callie Rigney.
Absent: 1 – Councilmember Chuck Kelley
City Council Minutes June 5, 2018
City of Colleyville Page 15
7b Resolution R-18-4269
Request to appeal the decision of the Sign Board of Appeals for the
consideration of a variance to the provisions of Section 7-150,
Permanent Freestanding Signs – Sign Classification and Regulations of
the Land Development Code, specifically the minimum setback
requirements, on Lot 2, Block 1, of the SW Colleyville Office Park
Addition, located at 607 Cheek-Sparger Road, Case SC18-001
Mayor Newton read Resolution R-18-4269 in its entirety.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
There was discussion regarding the previous variance request, the location of the
requested sign, parking space requirement, number of tenants to be represented
on the sign, regulations for electronic signs, and visibility triangles.
Mayor Newton opened the public hearing at 10:32 p.m.
Gregg Hutto, 4004 Pendleton Drive, Keller, the applicant, presented this item.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 10:38 p.m.
Mayor Newton stated he recognized others have applied for a variances which
were granted by previous administration, however, those decisions are not always
good or bad. Secondly, the City is in the process of going through the Land
Development Code in detail and will be updating the sign ordinance and making
changes. He advised Mr. Hutto he personally feels the proposed sign is too big
and we do not have appropriate language to handle lighted signs. Mayor Newton
stated his recommendation is to go along with the Sign Board and staff and
decline this request as he would like to get through the review of the sign
ordinances so we are in better shape to address the request.
Mayor Pro Tem Lindamood stated he too believes the sign is too big, but does
believe the applicant’s sign needs to be moved, but sized more appropriately.
Councilmember Nakamura asked Mr. Hutto what his main purpose is in moving the
sign. Mr. Hutto stated to provide east to west visibility. Councilmember
Nakamura asked Mr. Hutto with that in mind, if changes were needed, would you
be in agreement to the changes. Mr. Hutto responded yes.
Councilmember Wheat asked the City Attorney how long the applicant would have
to wait before coming before City Council again, if the vote was to deny the
City Council Minutes June 5, 2018
City of Colleyville Page 16
resolution tonight. The City Attorney advised he will review the sign ordinance,
but he does not believe there is a stipulated time before this item could be brought
forward again.
Following discussion Mayor Newton asked Mr. Hutto if he understood the Council’s
intent of denying the resolution, but allowing it to come before Council following
the update to the Land Development Code and sign ordinance. Mr. Hutto agreed
and thanked the Council for their consideration.
Mayor Newton made a motion to deny without prejudice Resolution R-18-
4269, Councilmember Wheat seconded the motion.
The motion to deny without prejudice carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and
Callie Rigney.
Absent: 1 – Councilmember Chuck Kelley
Mayor Newton recessed the meeting at 10:46 p.m. and reconvened the
meeting at 10:53 p.m.
7c Resolution R-18-4270
Consideration of a waiver request to the sidewalk requirements on
Eastpointe Court of Eastpointe Terrace subdivision located at 6480 Pool
Road, Case GC18-001
Mayor Newton read Resolution R-18-4270 in its entirety.
Assistant City Manager Mark Wood presented this item and answered questions of
the City Council.
Councilmember Dodson asked staff if there is 10-feet between the back of the
curb and property line. Manager Wood replied yes.
Mayor Newton opened the public hearing at 10:57 p.m.
Sue Reed, 2512 Independence Road, President, Heritage Colony HOA and
representative, spoke in opposition to this item at this time and gave a
presentation regarding the wishes of the residents of the HOA. Ms. Reed asked
City Council to delay the item until further discussions with the developer are
conducted. Ms. Reed stated concerns center on having a road within 10-feet of
residences, due to safety and lights from vehicles. Ms. Reed stated the residents
feel a remedy would be to establish and require a substantial greenbelt.
City Council Minutes June 5, 2018
City of Colleyville Page 17
The following did not wish to speak but registered opposition at this time to this
item: Greg Reed, 2512 Independence Road; Mark and Aleisha Gravit, 2608
Independence Road; and Tara Riley, 2600 Independence Road.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 11:07 p.m.
Mayor Newton stated he agreed with the homeowner’s concerns as presented by
Ms. Reed, and the City Council was going to work toward the suggested solutions.
Mayor Newton requested the applicant to come forward. Corrine Robertson, 4532
Lone Star Lane, Fort Worth, representing Evolving Texas, the firm designing the
development for the applicant, Mr. Baker, presented this item and answered
questions of the City Council.
There was discussion between Ms. Robertson and the City Council regarding:
assurance of a landscape buffer, and the sewer line. Ms. Robertson stated she is
not at liberty to make a decision for their client, however, she feels the landscape
buffer can be designed, but her concerns are the type of plantings, how the root
system will affect the sanitary sewer lines, and who will maintain the greenbelt.
There was a discussion concerning adding a masonry wall. Ms. Robertson stated a
wall is not supported as the easement is used for the natural flow of drainage and
they would not want an impervious structure to interfere with the flow.
Mayor Newton asked for an explanation regarding fencing. Ms. Reed stated the
fencing was placed by individual homeowners and are a combination of masonry
and iron.
Mayor Newton recapped the following:
Everyone is in agreement with installing a landscape buffer to protect from sound,
light, and vehicular traffic;
The developer will want to know what the plantings will be to protect the sanitary
sewer lines and drainage;
The HOA will be responsible for the irrigation and maintenance of the landscape
buffer; and
The final plat will have to contain a detailed note describing the landscape buffer
easement requirements and be subject to compliance and City Council approval.
Following discussion, Ms. Reed, Ms. Robertson, and the City Council agreed that
writing the above stipulations into the resolution, with the proper language drafted
by the City Attorney would satisfy all parties.
City Council Minutes June 5, 2018
City of Colleyville Page 18
Councilmember Nakamura made a motion to approve Resolution R-18-
4270; including language to be drafted by the City Attorney which
stipulates installation of a landscape buffer, City, Developer, and HOA
approval of plantings, HOA to be responsible for the irrigation and
maintenance of the landscape buffer, and The final plat will have to
contain a detailed note describing the landscape buffer easement
requirements and be subject to compliance and City Council approval,
Mayor Pro Tem Lindamood seconded the motion.
The motion to approve carried with the following vote:
Aye: 6 – Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and
Callie Rigney.
Absent: 1 – Councilmember Chuck Kelley
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
Nancy Rogers, 1612 Cherry Lane spoke regarding saving the oak trees.
Kathleen Hennessey, 5013 Stonebridge Drive, spoke regarding saving native post
oak trees in Colleyville.
9. REPORTS
Planning and Zoning Commission Worksession Meeting Minutes - February
26, 2018
Planning and Zoning Commission Worksession Meeting Minutes - March 26,
2018
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 5,
2018 - READING AND PUBLIC HEARING - RESOLUTION R-18-4271
This resolution was not needed.
11. ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the City Council meeting at 11:43 p.m.
City Council Minutes June 5, 2018
City of Colleyville Page 19
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE
19TH DAY OF JUNE 2018.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary