HomeMy WebLinkAboutCity Council-Minutes-11/05/2018
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
Monday, November 5, 2018
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Follow-up discussion regarding SH26 medians and right-of-way design
WS-2 Discussion of the November 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 551.074 – Personnel – Deliberate the appointment, employment,
evaluations, and duties of the Fire Chief
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
REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
City Council Agenda November 5, 2018
City of Colleyville Page 2
INVOCATION: Pastor Drew Sherman, Compass Christian Church
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-18-4320
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Member recognition of service to a City Board, Commission, or Committee
Proclamation in recognition of Arbor Day - Mayor Richard Newton and Parks
and Recreation Director Lisa Escobedo
In recognition of the Featured Business of the Month - Furniture
Consignment Gallery, 6000 Colleyville Boulevard, Suite 120, Robin Vander
Stoep, owner - Mayor Richard Newton and Assistant City Manager Mark
Wood
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4321
4a Approval of the minutes of the regular City Council meeting of October
16, 2018
4b Approval of the minutes of the City Council Worksession of October 25,
2018
4c Approval of a professional services agreement with Baird, Hampton, &
Brown, in an amount not to exceed $68,360 for the design of the
Pleasant Run Waterline from John McCain Road north to the north City
limit line at Bear Creek, and authorizing the City Manager to execute
the agreement
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-18-2063
Consideration of a Special Use Permit for an Automotive Repair Shop
on Lot 1A, Block 1, of the Highway 26 Industrial, located at 6804
Colleyville Boulevard, Case ZC18-020
City Council Agenda November 5, 2018
City of Colleyville Page 3
5b Ordinance O-18-2064
Consideration of a zoning change from AG Agricultural district to R-30
Single Family Residential district on Tracts 2A01 & 2A02, Abstract
1543, in the George W Teeter Survey, located at 1309 Glade Road,
Case ZC18-023
6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
6a Ordinance O-18-2065
Consideration of a zoning change from R-40 Single Family Residential
district to PUD-C Planned Unit Development – Commercial district on
Tract 1, Abstract 1154, in the R H McEwing Survey and Tract 1G,
Abstract A1182, in the Less Homesite Survey, located at 8060 Precinct
Line Road, Case ZC18-028
7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
7a Ordinance O-18-2056
Consideration of a zoning change from the R-40 Single Family
Residential zoning district and AG Agricultural zoning district to the
PUD-R Planned Unit Development-Residential zoning district on Lot
1R1 and 1R2, Block 1, of the Bear Creek Plantation, located at 1312
John McCain Road and 7309 Holly Lane N, Case ZC18-019
7b Ordinance O-18-2062
Consideration of a zoning change from ML Light Manufacturing district
to PUD-C Planned Unit Development - Commercial district on Lot 1,
Block 1, of the Chandler Addition, located at 1701 John McCain Road,
Case ZC18-025
8. RESOLUTION(S): READING AND PUBLIC HEARING
8a Resolution R-18-4322
Consideration of a Preliminary Plat for the Oak Creek Addition, located
at 7209 & 7215 John McCain Road, Case PC18-005
8b Resolution R-18-4323
Consideration of a combination Preliminary/Final Plat for Carmel Place
Estates East on Tracts 2A01 & 2A02, Abstract 1543, in the George W
Teeter Survey, located at 1309 Glade Road, Case PC18-012
City Council Agenda November 5, 2018
City of Colleyville Page 4
9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING
9a Resolution R-18-4294
Consideration of a final plat for Lots 1, 2, and 3X, Block 1, Old Grove
Addition, Phase II, located at 105 and 103 John McCain Road and 7189
Cast Iron Forest Trail, Case PC17-004
10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
11. REPORTS
Library Board Minutes - August 13, 2018
12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MONDAY,
NOVEMBER 5, 2018 - READING AND PUBLIC HEARING - RESOLUTION
R-18-4324
13. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday,
November 2, 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
Monday, November 5, 2018
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Monday, November 5, 2018, at 5:30 p.m.
ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
ABSENT: Mayor Pro Tem Bobby Lindamood and Councilmember Chuck Kelley.
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Interim Fire
Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works
Director Ray Silva-Reyes, Community Relations Specialist Erin Spicer, City
Attorney Nicole Corr, and City Secretary Christine Loven.
WS-1 Follow-up discussion regarding SH26 medians and right-of-way design
Assistant City Manager Adrienne Lothery provided a brief history of the project,
how it has been organized and stated the goal of this discussion is for City Council
to select lighting. Manager Lothery then introduced Mesa staff Stan Cowan, David
Newman, and Jason Cooper, who presented design drafts and schedules.
There was discussion regarding style, lighting, banners, and pricing. The City
Council agreed the design and schedule was going in the right direction and
selected a basic lighting design. Mesa will present photometrics and some pricing
in early January.
WS-2 Discussion of the November 5, 2018, City Council regular agenda items
Mayor Newton stated item 7a, Ordinance O-18-2056 will remain tabled and he will
make a motion to table to a date certain of December 4, 2018. He added
Resolution R-18-4294 will remain tabled.
Mayor Newton adjourned the worksession at 6:09 p.m.
Mayor Newton called the Executive Session to order at 6:10 p.m. and called the
roll.
City Council Minutes November 5, 2018
City of Colleyville Page 2
ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
ABSENT: Mayor Pro Tem Bobby Lindamood and 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 551.074 – Personnel – Deliberate the appointment, employment,
evaluations, and duties of the Fire Chief
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 7:22 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, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
ABSENT: Mayor Pro Tem Bobby Lindamood and Councilmember Chuck Kelley.
Mayor Newton explained Mayor Pro Tem Bobby Lindamood was out of the country
and Councilmember Chuck Kelley had a death in his family and neither could be
present this evening.
City Council Minutes November 5, 2018
City of Colleyville Page 3
INVOCATION: Pastor Jay Franks, Compass Christian Church
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-18-4320
Mayor Newton stated this item would be addressed following item 5a, Ordinance
O-18-2063, but is recorded in order for the minutes.
Mayor Newton read Resolution R-18-4320 in its entirety.
Assistant City Manager Mark Wood stated as businesses sell or redevelop, it is the
City’s strategy to assist business owners along the SH26 corridor to enhance their
buildings by providing grants to assist with the upgrades. This resolution allows a
$35,000 grant to Joe Hudson’s Garage, to assist with upgrades which will cost
$130,000. Manager Wood noted the City asked for a monument sign instead of a
sign on the roof and the owner has agreed.
Mayor Newton opened the public hearing at 8:19 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:20 p.m.
Councilmember Dodson made a motion to approve Resolution R-18-4320,
and Councilmember Wheat seconded the motion.
The motion to approve carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
The Mayor and City Councilmembers made the following announcements:
Advising in Austin: Mayor Newton and Manager Ducay traveled to Austin to
participate in a discussion regarding property taxes and Robin Hood with the
Governor’s staff. It was an honor to represent our great City in this complex
discussion.
City Council Minutes November 5, 2018
City of Colleyville Page 4
Mayor for a Day - Colleyville residents in grades 2-7 are encouraged to enter the
2018 Mayor for a Day Contest. The winner will serve as honorary mayor on one of
the City Council meeting dates in January. He or she will spend part of the day
meeting with city leaders and touring city facilities. That evening, they will attend
the City Council worksession to review City business and co-preside over the City
Council meeting that follows. During the Executive Session portion of the meeting,
the Mayor for a Day will have a pizza party with up to 10 friends. (The Mayor for a
Day winner’s schedule will be subject to approval by his/her parents and school.)
Applicants are required to submit a 1-2 paper outlining how they would make
Colleyville the best city in Texas. Information on how to apply will be available on
Colleyville.com.
• Essays are due by December 7.
• The contest is only open to Colleyville residents.
• The winning essay will be announced the week of Dec. 17.
• Essays may be dropped off at the City Manager’s Office on the third floor
of City Hall or sent by mail or email to: Mayor for a Day Contest,
Colleyville City Hall, 100 Main Street, Colleyville, TX 76034, or
email: colleyville@colleyville.com
TEXRail – Mayor Newton advised all citizens that on December 31 the TEXRail
train will offer inaugural rides and will start full customer service January 5, 2019.
At full schedule, 72 trains a day (every 30 minutes) will pass through Colleyville.
These trains are very quiet and will be traveling 70 mph. The trains will not be
required to blow their horns at the three Colleyville street crossings (Bransford,
Pleasant Run, and John McCain) because Colleyville has quad gates at these
intersections. Mayor Newton stressed that for safety reasons we all need to be
careful to stay off the tracks and when driving be sure to stop at the traffic stop
line a safe distance away from the tracks when traffic queues up across the
railroad crossings, and to avoid getting near the tracks when walking along the
Cotton Belt Trail. He also encouraged everyone to share this information with their
friends and neighbors to help educate the community to the safety aspects of
having the train come through our community. Please be cognizant of your
surroundings and watch for the train – it is very quiet, moving very fast and will
not blow its whistle.
Upcoming Events:
a. City/Chamber Mixer Event: November 13; 5 – 6:30 PM; in the City
Hall Lobby.
b. Movies in the Village: Polar Express, Monday, November 19, 6
p.m., City Hall Plaza, 100 Main St. Join us for another fun movie under
City Council Minutes November 5, 2018
City of Colleyville Page 5
the stars! We'll be showing Polar Express on the south lawn with free
popcorn and lemonade.
c. Christmas Tree Lighting – Friday November 30 from 5-9 PM. Everyone
is encourage to come out for the fun.
Police Department Fundraising For Charity: The Colleyville Police Officers
may look a bit unkempt as they participate in a departmental fundraising
initiative to raise money for cancer research. The “no shave November”
initiative allows officers to go unshaven for the month to raise funds for charity.
If you would like to contribute to the cause, go to https://no-
shave.org/org/ColleyvillePD and select “Make a Donation” on the left side of the
page. Select the Organization radio button (should be the default) when making
the donation and Colleyville Police Department will get the credit. Thank you all
for supporting our participation in this national campaign. We hope our facial
hair will provoke conversations and raise cancer awareness while our dollars go
to support research and eradication. With the holiday season upon us, it is
important to remember #ColleyvilleGives.
Oncor Tree Trimming: As utility-related tree trimming continues within the
City, residents may be concerned about aggressive trimming of specific trees.
Those with questions or concerns are encouraged to contact the City Manager’s
office at 817-503-1111 or Public Works at 817-503-1360. On a case-by-case
basis, Oncor is willing to meet on site with their arborist to address concerns.
Peace Together Walk: On Saturday, November 3, local churches and
residents participated in a 3-mile walk to “build relationships one step at a
time” between our various places of worship. All were welcome to attend and
the event attendees enjoyed a beautiful day of love and sharing. The event
began at the Colleyville Masjid mosque and ended at the Beth Israel
synagogue.
Police Department Promotion: Lt. Hillary Wreay to Assistant Chief of Police.
Chief Wreay started her career in law enforcement in 1993 and has worked for
CPD in every Division of the agency over the last 25 years – including serving
as the Acting Assistant Chief and Acting Chief of Police. A promotion ceremony
for Chief Wreay will be conducted Friday, November 9 at 3 p.m. at the Police
Department.
Member recognition of service to a City Board, Commission, or
Committee
City Council Minutes November 5, 2018
City of Colleyville Page 6
Mayor Newton recognized Raymond Allee, for his service to the Zoning Board
of Adjustment and Planning and Zoning Commission by presenting him a
Colleyville Then and Now history book with a bookplate recognizing his service.
Mayor Newton also recognized those who were not in attendance: Wayne
Maynard, Walt Mills, Seanna Billinger, Marilyn Keith, Scott McCombs, and Kelly
Tookey.
Proclamation in recognition of Arbor Day - Mayor Richard Newton
and Parks and Recreation Director Lisa Escobedo
This year is Colleyville’s 20th year as a “Tree City USA”. Mayor Newton
presented Parks Director Lisa Escobedo with a proclamation declaring Arbor
Day in Colleyville and Director Escobedo presented the Mayor with the City’s
Tree City USA plaque, flag, and ball cap.
In recognition of the Featured Business of the Month - Furniture
Consignment Gallery, 6000 Colleyville Boulevard, Suite 120, Robin
Vander Stoep, owner - Mayor Richard Newton and Assistant City
Manager Mark Wood
Mayor Newton stated Ms. Stoep could not be in attendance, but encouraged
everyone to visit the Consignment Gallery.
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-18-4321
4a Approval of the minutes of the regular City Council meeting of October
16, 2018
4b Approval of the minutes of the City Council Worksession of October 25,
2018
4c Approval of a professional services agreement with Baird, Hampton, &
Brown, in an amount not to exceed $68,360 for the design of the
Pleasant Run Waterline from John McCain Road north to the north City
limit line at Bear Creek, and authorizing the City Manager to execute the
agreement
Mayor Newton read Resolution R-18-4321 in its entirety.
Public Works Director Ray Silva-Reyes presented item 4c, and provided anticipated
timelines.
Mayor Newton opened the public hearing at 8:02 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:02 p.m.
City Council Minutes November 5, 2018
City of Colleyville Page 7
Councilmember Wheat made a motion to approve Resolution R-18-4321,
and Councilmember Dodson seconded the motion.
The motion to approve carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-18-2063
Consideration of a Special Use Permit for an Automotive Repair Shop
on Lot 1A, Block 1, of the Highway 26 Industrial, located at 6804
Colleyville Boulevard, Case ZC18-020
Mayor Newton read the caption of Ordinance O-18-2063.
Community Development Director Ben Bryner presented this item explaining this
is the same use this site has been operating under, but the change in ownership
triggered the need for a new special use permit. Director Bryner described
numerous property improvements the new owner will make to the property to
accommodate the City’s initiative to improve older properties. Director Bryner also
noted that an Executive Session Resolution for an economic development grant to
cost share with these improvements will follow this item if approved.
Mayor Newton stated the applicant is willing to construct a monument sign instead
of the roof top sign shown in the SUP illustration and the ordinance exhibit will be
amended to reflect same.
Mayor Newton opened the public hearing at 8:12 p.m. Kenneth FiField, 2489
County Road 3308, Greenville, president and owner of Joe Hudson’s Auto Repair
advised the City Council he is available if there are questions.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 8:12 p.m.
Councilmember Nakamura made a motion to approve Ordinance O-18-
2063 as amended requiring the construction of a monument sign, and
Councilmember Dodson seconded the motion.
The motion to approve carried with the following vote:
City Council Minutes November 5, 2018
City of Colleyville Page 8
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
5b Ordinance O-18-2064
Consideration of a zoning change from AG Agricultural district to R-30
Single Family Residential district on Tracts 2A01 & 2A02, Abstract
1543, in the George W Teeter Survey, located at 1309 Glade Road,
Case ZC18-023
Community Development Director Ben Bryner presented this item and reviewed
the proposed fencing, number of homes, and traffic access changes and noted a
plat approval for this property is on tonight’s agenda.
Councilmember Dodson asked staff why a cedar fence is proposed as he believes
the neighbors want an iron fence on the east so they may see into the lots.
Director Bryner stated he is aware there was conversation, but was not clear if
there was a final decision regarding fencing along the eastern boundary. He also
noted the Land Development Code does not have a minimum standard for
fencing, and in fact it does not require any fencing at all. Councilmember Wheat
stated she thought a masonry fence was requested. Director Bryner stated he
believes a masonry fence was requested, but believes there were communications
between the applicant and neighbors, that as the lots develop, perhaps they could
minimally require a cedar fence.
Councilmember Dodson stated there is one other issue, which is the width of the
street, this cul-de-sac is not compliant with our Code. He then asked Director
Bryner if that is correct. Director Bryner replied that is correct, today, it is not in
compliance with the Land Development Code, however, the existing PUD
Ordinance authorized 31-feet of pavement for the street. Councilmember Dodson
stated he understands, but this is not the PUD, this is R-30. Director Bryner
stated even today, the street is longer than 600 feet, but the PUD ordinance
incorporated the regulation to allow for the 31-feet of pavement. He continued,
stating perhaps adding lots changes that, and he is aware of the concerns.
Councilmember Dodson stated it does because he is concerned about parking,
and that there are five more houses being added. He stated he believes he will
not accept it.
Councilmember Nakamura asked Director Bryner what the street size is supposed
to be. Councilmember Dodson replied 36-feet and Director Bryner concurred and
stated the Land Development Code requirements.
Mayor Newton stated there is now open space access to the lots and asked what
provides the right of the new homes to access the lots. Director Bryner replied the
City Council Minutes November 5, 2018
City of Colleyville Page 9
zoning ordinance did not address access, but on the plat which was approved by
the City and filed with the County, the open spaces were designated as mutual
access easements and that easement is what authorizes its use of access.
Mayor Newton asked if in the original Carmel Place PUD, does the HOA own the
open space. Director Bryner concurred. Mayor Newton stated this is unique
because the new lot owner will not own the property, but will be allowed to build a
driveway across the property. Director Bryner again concurred.
Mayor Newton asked the applicant to come forward to answer questions. Bryan
Klein, Managing Director, Ion Design Group, 4061 N. Central Expressway #205,
Dallas, representing the applicant, and Rome Barnes, 1800 Valley View Lane,
#300, Farmers Branch, applicant, came forward to answer questions of the City
Council.
Mayor Newton asked if there is going to be a common HOA. Mr. Barnes stated he
was involved with the original Carmel, all those lots have been sold, and he does
not have any involvement with that HOA what-so-ever. He continued, there will
be a new HOA, set up separately, but he still owns the mutual access easement,
which is established under the company name CADG, Carmel Place LLC, not the
HOA, therefore crossing the easement is not a problem. Mr. Barnes stated he has
no issue with dedicating the easement as right of way.
Mayor Newton stated it would be best to have the easement converted to right of
way, so many of the questions get answered and the question regarding
ownership is eliminated.
Mayor Newton stated for the City Council’s sake, I’m putting out the fact, we have
a situation which has evolved on us, decisions have been made, certain things
have been done, and we have no control over those, all we can do is manage what
we have. The original PUD has been approved and that approval required a 14.6
percent open space, which included this strip of land. Now it makes sense, from
my perspective that this land be allowed to be developed, even though this is not
an ideal situation. So for me, having the land dedicated as right of way, I think is
the best way to go.
Mayor Newton stated he did not feel like Council had enough information to move
forward and there are three issues for Council to address:
1. The access and/or dedication of the land
2. Changing the access of the two homes closest to Glade Road to have access
from Carmel Place – not Glade Road, causes concern with the number of
homes on a cul-de-sac
3. Width of the street
City Council Minutes November 5, 2018
City of Colleyville Page 10
There was discussion regarding if the street could be widened and the cost. Mr.
Barnes stated he will not widen the street because there is more to the cost than
what has been discussed. He stated concrete depth would need to be extensive
and there are street lights, sidewalk, and a water line.
Councilmember Wheat asked if would be possible to require no parking on one
side of the street.
City Manager Jerry Ducay stated a 31-foot street allows for parking on both sides
of the street and access for an emergency vehicle to pass. Also, the cul-de-sac
does allow for a turning radius of the proper emergency vehicles. Mr. Klein then
read the letter from the Fire Marshal which states he believes the 31-foot street
does not create any additional hazard to life-safety compared to the 36-foot.
There was discussion regarding the possibility of requiring no parking on one side
of the street.
Mayor Newton stated he feels they cannot move forward until the questions
regarding the HOA and access ownership are answered.
Councilmember Nakamura, Councilmember Dodson, and Mayor Newton addressed
the applicant, thanking them for the time they have put into this request and
explaining each of them have a concern and want to be thorough before making a
decision.
Mayor Newton opened the public hearing at 8:51 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:52 p.m.
Councilmember Wheat made a motion to table Ordinance O-18-2064, and
Councilmember Nakamura seconded the motion.
The motion to table carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
6a Ordinance O-18-2065
Consideration of a zoning change from R-40 Single Family Residential
district to PUD-C Planned Unit Development – Commercial district on
Tract 1, Abstract 1154, in the R H McEwing Survey and Tract 1G, Abstract
City Council Minutes November 5, 2018
City of Colleyville Page 11
A1182, in the Less Homesite Survey, located at 8060 Precinct Line Road,
Case ZC18-028
Mayor Newton read the caption of Ordinance O-18-2065.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council.
Rick Jones, 2221 Lakeside Parkway, #1260, Richardson, applicant, also presented
this item and answered questions of the City Council.
There was discussion regarding a security gate to the north, the type and length of
fencing, allowance for owner allowing a van rental service, monument sign, and
landscaping. The drainage and sewer plans were also discussed.
Councilmember Dodson asked Director Bryner what the significant differences to
this proposal are compared to the original request which was for a storage building
only and did not include businesses to the front.
City Manager Jerry Ducay responded one of the concerns of the previous proposal
was the storage building to the back set the tone of the whole development and
the out lots on Precinct Line would then come later with some different standard or
architecture and you would have a combination or various architectures and the
first building in would limit the architecture. One of the things we wanted to do
was look at this site holistically and try to provide architecture of a quality that
should be applied to the entire site, even though the only development currently
coming forward is the back building. We discussed this with the applicant and
property owners and developed a consistent architecture example of what we can
expect as a minimum today, and did so with the idea the storage building at the
back would set the high standard and only be improved upon as sites are
developed to the front. Manager Ducay stated the applicant really worked with
the City, did a good job regarding the architecture, and he was very appreciative
of the effort.
Mayor Newton opened the public hearing at 9:44 p.m. Billye Fowler, 1303 Briar
Ridge Drive, Keller, representing the property owner, spoke in support of this
item.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 9:46 p.m.
This was a first reading, therefore, City Council did not take any action.
City Council Minutes November 5, 2018
City of Colleyville Page 12
7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
7a Ordinance O-18-2056
Consideration of a zoning change from the R-40 Single Family Residential
zoning district and AG Agricultural zoning district to the PUD-R Planned
Unit Development-Residential zoning district on Lot 1R1 and 1R2, Block 1,
of the Bear Creek Plantation, located at 1312 John McCain Road and 7309
Holly Lane N, Case ZC18-019
Mayor Newton stated this item currently requires a super majority vote of the
Council. It will remain tabled until December 4th as Mayor Pro Tem Lindamood and
Councilmember Kelley are absent tonight and Councilmember Rigney will be
absent at the November 20, 2018 meeting.
Mayor Newton made a motion to remove the item from the table and
immediately retable Ordinance O-18-2056 to a date certain of December
4, 2018 and Councilmember Dodson seconded the motion.
The motion to table to a date certain of December 4, 2018 carried with the
following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
7b Ordinance O-18-2062
Consideration of a zoning change from ML Light Manufacturing district to
PUD-C Planned Unit Development - Commercial district on Lot 1, Block 1,
of the Chandler Addition, located at 1701 John McCain Road, Case ZC18-
025
Councilmember Wheat made a motion to remove Ordinance O-18-2062
from the table, and Councilmember Nakamura seconded the motion.
The motion carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
Mayor Newton read the caption of Ordinance O-18-2062.
City Council Minutes November 5, 2018
City of Colleyville Page 13
Community Development Director Ben Bryner and applicant Debra Perryman
presented this item and answered questions of the City Council.
There was discussion regarding the uses and both Councilmember Dodson and
Mayor Newton discussed their concerns regarding exterminators, nurseries /
greenhouses, vet clinics, and scientific instrument assembly.
The applicant agreed to the following changes:
Changing locksmiths to a special use
Removal of the manufacturing aspects of all future uses
Complete removal of:
• Equipment Rental/Leasing (no outside inventory/rental equipment
storage)
• Purchasing and/or resale of precious metals including jewelry, gemstones,
gold, silver, etc. (not licensed as a Pawn Shop by state of Texas)
• Plumbing/HVAC/Elec Trade Shop without outdoor materials storage
• Building Material Sales without outdoor materials storage
• Exterminator Shop without outdoor materials storage
• Nurseries/Greenhouse with outside display
Mayor Newton opened the public hearing at 10:11 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 10:11 p.m.
Councilmember Dodson made a motion to approve Ordinance O-18-2062
as amended and Councilmember Rigney seconded the motion.
The motion to approve carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
Mayor Newton recessed the meeting at 10:20 p.m. and reconvened at
10:28 p.m. The meeting was again recessed at 10:33 p.m. due to a
technical sound disturbance and reconvened at 10:36 p.m.
8. RESOLUTION(S): READING AND PUBLIC HEARING
8a Resolution R-18-4322
Consideration of a Preliminary Plat for the Oak Creek Addition, located at
7209 & 7215 John McCain Road, Case PC18-005
Mayor Newton read Resolution R-18-4322 in its entirety.
City Council Minutes November 5, 2018
City of Colleyville Page 14
Community Development Director Ben Bryner presented this item.
There was discussion regarding the timing of the zoning of the lots, the 30-foot
buffer, and tree preservation.
Mayor Newton stated the R-40 zoning was changed to R-20 zoning by Ordinance
O-79-343 in 1979 and he wanted to make it clear, this Council did not change the
R-40 zoning, but what we did do was trade an approximately equal area AG for R-
20 and R-20 for AG.
Mayor Newton stated the 30-foot tree preservation buffer along the north and
west property lines previously agreed to is still in place and on the plat for
approval tonight. Director Bryner concurred.
Mayor Newton asked applicant Wesley Dawson, 406 Pecan Drive, Irving, to come
forward to answer questions.
Mayor Newton stated he has received a question regarding compliance with the
tree preservation ordinance and asked Mr. Dawson if he had removed or moved
any trees. Mr. Dawson responded he is cleaning up, but there has been no
removal of live trees.
City Manager Jerry Ducay stated the City removed two trees in the area of John
McCain Road.
Mr. Dawson stated he has a complete tree survey and he is working with the City
to be in compliance.
Mayor Newton pointed out that this plat contains large (over two acre) lots and
asked Mr. Dawson if he was going to apply for RE zoning in the near future. Mr.
Dawson stated he is planning on rezoning in the future, but hasn’t yet decided if
he will request RE or R-40 zoning. It depends on his ability to sell the large two
acre lots.
Mayor Newton opened the public hearing at 10:53 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 10:53 p.m.
Councilmember Wheat made a motion to approve Resolution R-18-4322,
and Councilmember Rigney seconded the motion.
The motion to approve carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
City Council Minutes November 5, 2018
City of Colleyville Page 15
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
8b Resolution R-18-4323
Consideration of a combination Preliminary/Final Plat for Carmel Place
Estates East on Tracts 2A01 & 2A02, Abstract 1543, in the George W
Teeter Survey, located at 1309 Glade Road, Case PC18-012
Councilmember Dodson made a motion to table Resolution R-18-4323 and
Councilmember Wheat seconded the motion.
The motion to table carried with the following vote:
Aye: 5 – Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, and Callie Rigney.
Absent: 2 - Mayor Pro Tem Bobby Lindamood and Councilmember Chuck
Kelley.
9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING
9a Resolution R-18-4294
Consideration of a final plat for Lots 1, 2, and 3X, Block 1, Old Grove
Addition, Phase II, located at 105 and 103 John McCain Road and
7189 Cast Iron Forest Trail, Case PC17-004
This item remained tabled.
10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
There was no one present wishing to speak.
11. REPORTS
Library Board Minutes - August 13, 2018
There was no action regarding this item.
12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MONDAY,
NOVEMBER 5, 2018 - READING AND PUBLIC HEARING -
RESOLUTION R-18-4324
This resolution was not needed.
City Council Minutes November 5, 2018
City of Colleyville Page 16
13. ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the City Council meeting at 10:56 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 20TH DAY OF NOVEMBER
2018.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary