HomeMy WebLinkAboutCity Council-Minutes-12/03/2019
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, December 3, 2019
5:00 PM – RIBBON CUTTING OPENING CITY HALL PLAZA
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of Heroes Park improvements
WS-2 Discussion of Accessory Dwelling Units and Accessory Residential Structures
WS-3 Discussion of 2020 City Council Meeting Dates
WS-4 Discussion of the December 3, 2019, 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 case for Parcel 150
Section 551.072 - Real Estate - Deliberate the purchase, exchange,
lease, or value of real property for City facilities, including:
• Acquisition of real property along Main Street
• Acquisition of real property along SH26
Section 551.087 – Economic Development - Discuss or deliberate
regarding commercial or financial information the City has received
from business prospects the City seeks to have locate, stay, or expand
in the City and with which the City is conducting economic
development negotiations; deliberate the offer of a financial or other
incentive to a business prospect
City Council Agenda December 3, 2019
City of Colleyville Page 2
REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Pastor Martin Richardson, Crown of Life
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-19-4443
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Presentation of the Life Saving Award to the Colleyville Fire
Department by CareFlite - Fire Chief Mark Cantrell and Mayor Richard
Newton
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4444
4a Approval of the minutes of the regular City Council meeting of
November 19, 2019
4b Approval of a construction contract with Garrett Demolition, Inc., for
the Overland Trail 1.2 Million Gallon Water Ground Storage (Welded
Steel Coated) Site Demolition, in an amount not to exceed
$148,232.30 and authorizing the City Manager to execute the contract
4c Approval of an amendment to the Professional Services Agreement
with Dunaway Associates, L.P., to include professional construction
services to the original contract for the Bransford Road and McPherson
Elevated Storage Tank Site Rehabilitation, and Overland Trail Ground
Storage Tank Site Demolition Project, in an amount not to exceed
$35,010, and authorizing the City Manager to execute the amendment
4d Approval of a contract with Smith Lawn and Tree for the Tree
Trimming Contract, in an amount not to exceed $75,000, and
authorizing the City Manager to execute the contract
4e Approval of a Pavement Marking contract with TRP Construction Group,
LLC, for the Pavement Marking project, in an amount not to exceed
$100,000, and authorizing the City Manager to execute the contract
City Council Agenda December 3, 2019
City of Colleyville Page 3
4f Consider and adopt the City of Colleyville Investment Policy, as
required by the Texas Public Funds Investment Act
4g Consider and adopt the City of Colleyville's broker/dealer list, as
required by the Texas Public Funds Investment Act
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-19-2104
Consideration of a Special Use Permit for an accessory building to
exceed the 4% lot coverage allowance on Lot 18, Block 2, of the
Woodbriar Addition, located at 3405 Cliffwood Drive, Case ZC19-008
5b Ordinance O-19-2105
Consideration of a Special Use Permit for an accessory dwelling on
Tracts 3K & 3Y, Abstract 211, in the BBB & C RY Survey, located at
509 W LD Lockett Road, Case ZC19-017
5c Ordinance O-19-2106
An ordinance amending Sections 3A and 3B of the Water and Sewer
Policy and Procedure manual as contained in the Code of Ordinances of
the City of Colleyville, adjusting water and wastewater volumetric rates
to pass through changes from the Trinity River Authority
6. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
6a Ordinance O-19-2101
Presentation and discussion of a Special Use Permit for a Fence to
extend into the required street side yard on Lot 2, Block 1, of the
Hodgkiss Place II Addition, located at 2608 Highland Meadow Drive,
Case ZC19-013
6b Ordinance O-19-2102
Presentation and discussion of a zoning change from CC-1 Village
Retail to PUD-C Planned Unit Development – Commercial on Lot 1A,
Block 1, in the Applebee’s Addition, located at 5150 Colleyville
Boulevard, Case ZC19-014
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-19-4445
A resolution approving an economic development grant agreement to
Chick-fil-A, in the amount of $100,000, and authorizing the City
Manager to execute the agreement
City Council Agenda December 3, 2019
City of Colleyville Page 4
7b Resolution R-19-4446
A resolution casting votes for electing members to the Tarrant
Appraisal District Board of Directors
7c Resolution R-19-4447
Approval of the Final Report of the Pedestrian Transportation Ad Hoc
Committee and adoption of the 2019 Sidewalk and Trail Map to be
attached to the Sidewalk Policy adopted July 2, 2018
7d Resolution R-19-4448
Repealing Resolution R-17-4208 and reorganizing the Colleyville
Community Garden Advisory Committee, reappointing members, and
assigning committee responsibilities
7e Resolution R-19-4449
Approval of a sublease agreement with Wells Fargo CPG, for the
former Wachovia Bank building located at 5601 Colleyville Boulevard,
for the Colleyville Business Center
7f Resolution R-19-4450
Approval of a membership agreement with the Colleyville Chamber of
Commerce for the Colleyville Business Center
7g Resolution R-19-4451
Approval of staff to move forward with architectural services for tenant
finish out of the Colleyville Business Center
8. DISCUSS AND CONSIDER A MOTION TO RECONSIDER
8a Discuss and consider a motion to reconsider/rescind the City Council’s
previous motion approving Ordinance 19-2100 and providing for
additional vehicle inventory regulations added by the City Council
during the November 19, 2019 City Council meeting
9. READING AND PUBLIC HEARING
9a Ordinance O-19-2100
Presentation and discussion of a zoning change from CC-1 Village
Retail to PUD-C Planned Unit Development – Commercial in Tract
2C03, Abstract 206, in the BBB & C RY Survey, located at 4917
Colleyville Boulevard, Case ZC19-012 (Ordinance 19-2100)
10. CITIZEN COMMENTS
City Council Agenda December 3, 2019
City of Colleyville Page 5
11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER
3, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4452
12. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Wednesday,
November 27, 2019 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, December 3, 2019
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, December 3, 2019, 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.
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Community Development Director Ben
Bryner, Parks and Recreation Director Lisa Escobedo, City Attorney Whitt Wyatt,
and City Secretary Christine Loven.
WS-1 Discussion of Heroes Park improvements
Assistant City Manager Adrienne Lothery gave a history of the project and stated
the firm of Freese and Nichols was engaged to render drawings for an update to
Heroes Park, which would complement the Plaza, which was also designed by
Freese and Nichols. She then introduced Freese and Nichols Principal Wendy
Shabay, and Project Designer David Retzsch.
Mr. Retzsch provided three design concepts which could be expanded, reduced, or
in some way incorporated into one design for the City Council review. Mr. Retzsch
noted as this time, there are renderings with elements which could cost from $.5
to $2 million. This evening, they are seeking input from Council on the design
elements which work, those they do not care for, and to seek an understanding of
the design and flow preferences overall.
There was general discussion of flow, screening elements, and costs. Freese and
Nichols will move forward with providing additional renderings and cost estimates
based on the input provided by the City Council.
WS-2 Discussion of Accessory Dwelling Units and Accessory Residential
Structures
Community Development Director Ben Bryner presented this item, providing a
review of the additions and exemptions for accessory dwellings. Following
discussion, City Council directed staff to remove the accessory residential
structures from the R-20 zoning.
City Council Minutes December 3, 2019
City of Colleyville Page 2
WS-3 Discussion of 2020 City Council Meeting Dates
City Council directed staff to prepare a resolution changing the date of the
October 6, 2020 City Council meeting to Monday, October 5, 20 20, due to
National Night Out being October 6.
WS-4 Discussion of the December 3, 2019, City Council regular agenda items
Mayor Pro Tem Lindamood stated he wanted to make it clear citizens have asked
for Heroes Park to be updated.
Mayor Newton adjourned the worksession at 6:35 p.m.
Mayor Newton opened Executive Session at 6:35 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.
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 case for Parcel 150
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities, including:
Acquisition of real property along Main Street
Acquisition of real property along SH26
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business
prospects the City seeks to have locate, stay, or expand in the City and with
which the City is conducting economic development negotiations; deliberate
the offer of a financial or other incentive to a business prospect
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, 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 7:07 p.m.
City Council Minutes December 3, 2019
City of Colleyville Page 3
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:30 p.m.
INVOCATION: Pastor Dave Jung, Crown of Life
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-19-4443
Mayor Newton read Resolution R-19-4443 in its entirety.
Assistant City Manager Mark Wood presented this item, stating the entire
Northern Gateway is 60 acres, however, approval of this resolution will allow the
City to purchase 15 acres, which has 1,200 feet on frontage along SH26.
Manager Wood stated the TIF will be used for the purchase and recapped the
appraisals and negotiations for the property.
Mayor Newton stated it is not uncommon for cities to purchase property, noting
Southlake recently made a purchase, and it allows the city to guide the
development to insure any development is consistent with the vision of the city.
Typically cities partner with developers to accomplish the development. Trophy
Club has done the same thing on tracks adjacent to Highway 114.
Mayor Pro Tem Lindamood noted over 85% of citizens completing the citizen
survey indicated the need to purchase property and assist in economic
development and this is pushing us forward.
Mayor Newton opened the public hearing at 7:43 p.m.
Kathy Hadley, 204 Timberline Drive North, spoke in favor of this item.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 7:44 p.m.
Councilmember Rigney made a motion to approve Resolution R -19-4443,
and Councilmember Kelley seconded the motion.
The motion to approve carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
City Council Minutes December 3, 2019
City of Colleyville Page 4
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Mayor Newton and Councilmembers made the following announcements:
Mayor’s Red Kettle Challenge: The Salvation Army has issued a challenge to
DFW Mayors – assemble a group of volunteers to ring the bell and fill the kettle on
December 14. The Salvation Army Red Kettle Campaign provides food, toys and
clothing to over 6 million people just during the Christmas season. It’s a very
worthwhile way to help those that are having a tough time. Those wishing to
volunteer can do so at one of three locations that day (Walmart, Market Street, or
Albertsons) from 10 am to 7pm. Please contact Erin Spicer at 817-503-1113 or the
Mayor at 817-247-1642 if you would like to volunteer. Whether you volunteer or
not, please stop by one of our kettles on December 14th.
#ColleyvilleGives is Back for 2019: The popular #ColleyvilleGives program
continues through the end of the year. The grant program provides qualifying
businesses along the SH26 construction corridor money to spend on advertising.
Eligible businesses can apply for up to $1,000 in grant money to put toward an
advertising campaign. Businesses who wish to make a $500 donation to an area
non-profit will receive an additional $1,000 in grant money. Advertisements must
display the hashtag #ColleyvilleGives. Interested businesses can fill out the
application form on the City’s website.
Santa's Helpers Toy Drive December 4: Tomorrow, City staff will deliver a
truckload of toys as part of the WFAA Santa’s Helpers Toy Drive. This event
collects toys for needy children and culminates with a delivery event at Heritage
High School. Items to be donated should be new toys in sealed packaging.
Plaza Ribbon Cutting: Earlier this evening we held a ribbon cutting ceremony for
the Plaza in front of City Hall. This exceptional project was first approved in 1999
as part of the TIF original project plan. It is exciting to finally bring this beautiful
community gathering place to fruition. This council, and previous council members
who supported this effort, are to be applauded for completing an effort 20 years in
the making.
Tree Lighting Ceremony: One of Colleyville’s favorite traditions, the Tree
Lighting Ceremony, is scheduled for Friday, December 6 from 5 – 8 pm at City Hall
and the brand new Plaza. Be there to light the two-story Christmas tree. Many of
the activities that make this a Colleyville family tradition return including choral
performances from local schools, photos with Santa, live reindeer, crafts, games,
and more. Holiday fare and beverages will also be on sale.
City Council Minutes December 3, 2019
City of Colleyville Page 5
John McCain Railroad Crossing Repairs Complete: TexRail has completed the
work at the John McCain Crossing. We apologize for the inconvenience this project
created for our residents. We also thank them for their patience.
Library to Host Author Luncheon: Former Fort Worth Star-Telegram writer Tim
Madigan will be the featured speaker next month at the Colleyville Public Library’s
Author Luncheon. Madigan will be speaking on his book, I’m Proud of You: My
Friendship with Fred Rogers. The luncheon will take place from noon – 1:30 p.m.,
Saturday, Dec. 14, 2019. A light lunch will be served and registration is required.
This event is being co-sponsored by a generous donation from the Friends of the
Library. Please contact 817-503-1155 or reference at colleyville.com to register
for the event.
Thank you and prayers: Mayor Pro Tem Bobby Lindamood thanked everyone for
the kind words and prayers extended for him this month. He stated he had
missed the last meeting due to a change in his medication which caused him to be
hospitalized, but he is much better and on track. Mayor Pro Tem Lindamood also
stated prayers are with Von Husbands, Red Barn BBQ.
Presentation of the Life Saving Award to the Colleyville Fire
Department by CareFlite - Fire Chief Mark Cantrell and Mayor Richard
Newton
Mayor Newton stated Fire Chief Cantrell could not be in attendance this evening
due to a death in the family and introduced Chief Tim Folden. Mayor Newton then
called on Doak Enabnit, CareFlite Senior Director of Government and Community
Relations and Crystal Hood, also representing CareFlite. Mr. Enabnit stated a
resident had nominated the fire department for the Great First Responder Award.
He then read the nomination and introduced Mr. Aziz Nooraci whose life was saved
by the fire department during a cardiac event and who made the nomination.
Following introductions of Medical Director Dr. Justin Northeim and members of
the Colleyville Fire Department, Mr. Enabnit and Ms. Hood presented each member
of the team with an award certificate.
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4444
4a Approval of the minutes of the regular City Council meeting of
November 19, 2019
4b Approval of a construction contract with Garrett Demolition, Inc., for
the Overland Trail 1.2 Million Gallon Water Ground Storage (Welded
Steel Coated) Site Demolition, in an amount not to exceed
$148,232.30 and authorizing the City Manager to execute the contract
4c Approval of an amendment to the Professional Services Agreement
with Dunaway Associates, L.P., to include professional construction
City Council Minutes December 3, 2019
City of Colleyville Page 6
services to the original contract for the Bransford Road and McPherson
Elevated Storage Tank Site Rehabilitation, and Overland Trail Ground
Storage Tank Site Demolition Project, in an amount not to exceed
$35,010, and authorizing the City Manager to execute the amendment
4d Approval of a contract with Smith Lawn and Tree for the Tree
Trimming Contract, in an amount not to exceed $75,000, and
authorizing the City Manager to execute the contract
4e Approval of a Pavement Marking contract with TRP Construction
Group, LLC, for the Pavement Marking project, in an amount not to
exceed $100,000, and authorizing the City Manager to execute the
contract
4f Consider and adopt the City of Colleyville Investment Policy, as
required by the Texas Public Funds Investment Act
4g Consider and adopt the City of Colleyville's broker/dealer list, as
required by the Texas Public Funds Investment Act
Mayor Newton read Resolution R-19-4444 in its entirety.
Public Works Director Ray Silva-Reyes presented items 4b through 4e and
answered questions of the City Council.
Finance Director Kyle Lester presented items 4f and 4g and answered questions of
the City Council.
Mayor Newton opened the public hearing at 8:19 p.m.
Kathy Hadley, 204 Timberline Drive North, spoke in opposition to 4b and asked for
clarification regarding 4d and 4e.
Regarding item 4b Mayor Newton stated the City is not replacing the ground
storage tank, they are clearing the property for future use. Regarding 4d, Mayor
Newton clarified this item was not for decorating trees throughout the City, the
contract is a one year contract for trimming trees and limbs along major
thoroughfares to insure limbs do not interfere with vehicles on the road, typically
large trucks. Colleyville’s ordinances require 14” clearance along roads. Mayo r
Newton reminded citizens, the property owners are responsible for trimming trees
adjacent to streets along residential streets.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 8:25 p.m.
City Council Minutes December 3, 2019
City of Colleyville Page 7
Councilmember Kelley made a motion to approve Resolution R-19-4444,
and Councilmember Wheat seconded the motion.
The motion to approve carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-19-2104
Consideration of a Special Use Permit for an accessory building to
exceed the 4% lot coverage allowance on Lot 18, Block 2, of the
Woodbriar Addition, located at 3405 Cliffwood Drive, Case ZC19-008
Mayor Newton read the caption of Ordinance O-19-2104.
Community Development Director Ben Bryner presented this item stating it is for
an SUP to allow for a 1,500 square foot accessory building, to be used as a
garage. Director Bryner stated staff recommends approval of the requested SUP
with the condition the garage door faces the interior , because the proposed
accessory building meets all of the building setback and lot coverage
requirements, architecturally it is proposed to look compatible to the main
structure, and appears to have no negative impact on surrounding properties. He
also noted there have been no responses from the notification to date.
Applicant Trisha Evans, 3405 Cliffwood Drive, came forward to answer questions of
the City Council.
Councilmember Nakamura asked Mrs. Evans where the driveway would be located.
Mrs. Evans explained there will be no driveway as these are classic hobby cars
which are not driven daily. The primary use of the garage will be for storing the
cars, but when they do want to move them, they will be able to through the
backyard to the front, between the trees located in the back.
Mayor Newton asked about the construction of the garage and thanked Mrs. Evans
for providing the building details in the packet. Mrs. Evans explained the outside
would be a stucco over metal to match the house and the roof is manufactured by
Decra which will be a stamped metal, designed to look like clay tiles, with a fire
rating three times higher than other roofing.
Mayor Newton asked Mrs. Evans about the stated building cost and if this is a
business. Mrs. Evans stated the cost did not include the roof or slab, and this is a
family hobby of restoring small 1928-1931 antique cars.
There was discussion regarding the carport on the property.
City Council Minutes December 3, 2019
City of Colleyville Page 8
Mayor Newton opened the public hearing at 8:46 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:47 p.m.
This was a first reading, therefore, City Council did not take any action.
5b Ordinance O-19-2105
Consideration of a Special Use Permit for an accessory dwelling on
Tracts 3K & 3Y, Abstract 211, in the BBB & C RY Survey, located at
509 W LD Lockett Road, Case ZC19-017
Mayor Newton read the caption of Ordinance O-19-2105.
Community Development Director Ben Bryner presented this item, stating a super
majority vote will be required due to the percentage of opposition. Director Bryner
stated the request is for approval of an SUP to allow for a 1,192 s.f. detached
accessory dwelling unit. The Planning and Zoning Commission recommended
approval and staff recommends approval as the request meets regulations for
accessory dwellings per the requirements of the Land Development Code.
Mayor Newton stated the dwelling is being requested so the family may live there
while a house is being built, the request complies with ordinance requirements,
the structure is on the property, and the SUP limits the scope. Mayor Newton
asked City Manager Jerry Ducay if this dwelling would be able to be used as a
rental unit.
City Manager Ducay explained, even with an SUP, the dwelling cannot be used as
a rental unit. He stated that in Colleyville, no short term residential rental is
allowed, no matter what the zoning or SUP conditions.
Councilmember Dodson asked staff if construction of the dwelling had already
began. Director Bryner stated yes, however, the building inspector required them
to stop work as a permit had not been issued.
Councilmember Nakamura asked why a permit had not been pulled.
Mayor Pro Tem Lindamood asked staff if the roofline as proposed met the “45
degree angle rule” contained in Colleyville’s ordinances. Director Bryner stated
yes.
Councilmember Rigney stated she will not be in attendance at the next meeting
and asked if the item should be tabled.
Applicants Cory and Andrea Watson, 509 W. LD Lockett Road, came forward to
answer the questions of the City Council. In responding to the question regarding
not pulling a permit, Mr. Watson stated they had done some repairs, and those
City Council Minutes December 3, 2019
City of Colleyville Page 9
repairs led to others which would need to be made, and before they knew it, it
spiraled into a project.
Councilmember Kelley asked Mr. Watson if additional concrete has been poured.
Mr. Watson said no, except for some extra around the carport.
Councilmember Rigney asked Mr. Watson if he has spoken with the neighbors. Mr.
Watson stated he had not and just learned of the opposition.
Mayor Newton opened the public hearing at 9:07 p.m.
Doug Finley, 5604 Reagan Road and 601 LD Lockett Road, spoke in opposition to
this item with concerns for a permit not being pulled. He stated there is no HOA,
but when the notification letter came, the neighbors got together to discuss the
issue and we all signed the same petition outlining our concerns.
Tara Tuley, 5613 Reagan Road, spoke in opposition to this item with concerns for
loud music, traffic, noise, and the possibility of the dwelling being used as an Air
B&B.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 9:14 p.m.
Mayor Newton stated he appreciates all the perspectives presented and
encouraged everyone to work together and find a solution acceptable to both
parties. He went on to say the question of noise is outside of the scope of this
request, but is addressed by other ordinances. He stated Mr. Watson can build the
structure as an “accessory structure – not dwelling unit” without additional Council
approval since the design currently fulfills all accessary structure ordinance
requirements. However, Mayor Newton said the applicant has requested a dwelling
unit SUP which is a separate issue. Mayor Newton said short term residential
rentals are not allowed in the City at all, but he is aware these ordinances have
been violated at times. The City adamantly enforces these ordinances when we are
aware of violations. He also stated the City depends on citizens to report these
violations when they learn of them so enforcement can occur.
Mrs. Watson addressed the City Council stating they understand the concern,
however, they too, do not want strangers on their property and the structure will
be used only while the home is being built.
Councilmember Nakamura stated her concern is how the structure would be used
when it was no longer theirs and asked Mrs. Watson if there would be a full
kitchen in the structure. Mrs. Watson said no.
Mayor Pro Tem Lindamood asked if there have been any inspections as of yet. Mr.
Watson replied yes, and they have all been good.
City Council Minutes December 3, 2019
City of Colleyville Page 10
City Manager Ducay suggested specifying a term for the SUP. Councilmember
Kelley and Mayor Pro Tem Lindamood agreed, as long as the time frame was
reasonable.
Councilmember Wheat made a motion to table Ordinance O-19-2105 to
January 7, 2020 and Councilmember Kelley seconded the motion.
The motion to table carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
5c Ordinance O-19-2106
An ordinance amending Sections 3A and 3B of the Water and Sewer
Policy and Procedure manual as contained in the Code of Ordinances of
the City of Colleyville, adjusting water and wastewater volumetric
rates to pass through changes from the Trinity River Authority
Mayor Newton read the caption of Ordinance O-19-2106.
Finance Director Kyle Lester presented this item, giving a review of the rate
structure. Director Lester said TRA has increased the volumetric water and w aste
water rates they charge the City and these increases are passed directly through
to citizens. Citizens pay exactly what the City pays for water and waste water
treatment. The new rates will be in effect starting with the January billing for
December's usage as follows:
Water Rates: Increase current water volumetric rate from $4.14 to $4.32
Wastewater Rates: Increase the current wastewater volumetric rate from $3.11
to $3.12
Mayor Newton explained this is a pass-through cost as the Trinity River Authority,
TRA, provides water and wastewater treatment services to the City, as well as
other cities. Mayor Newton noted the City cannot control these costs, however, the
costs are divided amongst all cities served by TRA.
Mayor Newton opened the public hearing at 9:39 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing.
This was a first reading, therefore, City Council did not take any action.
Mayor Newton declared a recess at 9:39 p.m. and reconvened at 9:49 p.m.
City Council Minutes December 3, 2019
City of Colleyville Page 11
6. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
6a Ordinance O-19-2101
Presentation and discussion of a Special Use Permit for a Fence to
extend into the required street side yard on Lot 2, Block 1, of the
Hodgkiss Place II Addition, located at 2608 Highland Meadow Drive,
Case ZC19-013
Councilmember Wheat made a motion to remove Ordinance O-19-2101
from the table and Councilmember Kelley seconded the motion.
The motion carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
Mayor Newton read the caption of Ordinance O-19-2101.
Community Development Director Ben Bryner presented this item stating the
request was discussed at length at the last meeting and he b elieves everyone was
close to an agreement, however, the applicant could not be present and he asked
for the item to be tabled to this meeting.
Director Bryner stated the applicant is requesting approval of an SUP to allow for
an 8 foot cedar fence to be located on the corner street side property line and
within the street side yard of the property and the permit was submitted just
before the last amendments to the fence regulations. Director Bryner also stated
the Planning and Zoning Commission recommended approval with a 5-foot setback
requirement from the side street property line, and the applicant is willing to meet
this condition.
Mayor Newton stated this item had been discussed at the last meeting at length
and asked the applicant, Jacob Stone to come forward. Mayor Newton asked Mr.
Stone what he would like to do, build a wood fence at 30 foot setback per City
ordinance, or a wrought iron fence 10’ off the property line.
Mr. Stone asked Mayor Newton if the issue is the building material or the setback
distance. Mayor Newton responded both and stated ordinances have been put in
place to insure consistent quality throughout the community and told Mr. Stone he
is asking to deviate from the ordinance and the City Council proposal is a wrought
iron fence, up to ten feet in height with shrubbery.
There was discussion regarding the right-of-way, easement, and sanitary sewer.
Mayor Newton opened the public hearing at 10:05. There was no one wishing to
speak and Mayor Newton closed the public hearing at 10:05 p.m.
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City of Colleyville Page 12
Councilmember Wheat made a motion to approve Ordinance O -19-2101,
allowing for a wrought iron fence up to eight feet in height, with a 10 foot
setback from the property line, and Councilmember Naka mura seconded
the motion.
The motion carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
6b Ordinance O-19-2102
Presentation and discussion of a zoning change from CC-1 Village
Retail to PUD-C Planned Unit Development – Commercial on Lot 1A,
Block 1, in the Applebee’s Addition, located at 5150 Colleyville
Boulevard, Case ZC19-014
Councilmember Wheat made a motion to remove Ordinance O-19-2102
from the table and Councilmember Rigney seconded the motion.
The motion carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
Mayor Newton read the caption of Ordinance O-19-2102.
Community Development Director Ben Bryner gave a brief recap of this item,
stating at the City Council’s request, Chick-fil-A has provided updated building
elevations to reflect City Council’s request of enhanced aesthetics and landscaping.
Mayor Newton stated City Council asked Chick-fil-A to make the Colleyville
restaurant the nicest in the country and enhance landscaping. City Council tabled
this item to this agenda to allow Chick-fil-A time to accommodate the Council’s
direction.
There was general discussion of the shrubbery, wall, and vertical articulation.
Councilmember Wheat thanked Chick-fil-A for making all the changes and it was
appreciated. The City Council concurred.
Mayor Newton opened the public hearing at 10:23 p.m.
Dee McNosky, 5108 Pleasant Run Road, spoke in opposition to the item with
concerns for safety, traffic, egress, trash, and enforcement of the requirements.
She also thanked the City Council for their work.
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City of Colleyville Page 13
Clint Young, 811 Central Drive, spoke in opposition to this item with concerns for
traffic, and requested traffic studies.
Steven Groffman, 815 Central Drive, spoke in opposition to this item with concerns
for traffic, ingress and egress, and safety of Pleasant Run Road.
Kathy Hadley, 204 Timberline North, spoke regarding putting citizen concerns first.
The following did not wish to speak, but wanted to register opposition:
Ceacy, Braden, and Jared McDonald, 814 Central Drive, Melanie Gable, 813
Central Drive, and Anthony McNosky, 5108 Pleasant Run Road.
There were no others present wishing to speak and Mayor Newton c losed the
public hearing at 10:37 p.m.
There was discussion regarding trash and the flow of traffic.
Councilmember Dodson made a motion to approve Ordinance O-19-2102,
and Councilmember Nakamura seconded the motion.
The motion carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-19-4445
A resolution approving an economic development grant agreement to
Chick-fil-A, in the amount of $100,000, and authorizing the City
Manager to execute the agreement
Mayor Newton read Resolution R-19-4445 in its entirety.
Assistant City Manager Adrienne Lothery presented this item, giving an overview
of the BEST grant program, which targets beautification. She noted if the PUD
ordinance was approved, Chick-fil-A planned to locate a restaurant in Colleyville
which is anticipated to generate $3.5 million in sales annually, which equals
approximate sales tax revenue of $70,000 annually to Colleyville. As a part of the
proposed building, Chick-fil-A has agreed to enhanced site landscaping and
building architecture in keeping with the exceptional development standards in
Colleyville.
Mayor Newton opened the public hearing at 10:56 p.m.
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City of Colleyville Page 14
Steven Groffman, 815 Central Drive, spoke in opposition to this item with concerns
for grants being a tool to entice development and he feels the money would be
better spent on a different location.
Clint Young, 811 Central Drive, spoke in opposition to this item with concern for
the expenditure of funds.
Kathy Hadley, 204 Timberline Drive North, spoke in opposition with concerns for
the location and Chick-fil-A’s need for funding.
Dee McNosky, 5108 Pleasant Run Road, spoke in opposition to the item and
suggested a right turn only from the parking lot onto Pleasant Run toward Main
Street be allowed to increase safety.
Anthony McNosky, 5108 Pleasant Run Road, spoke in opposition to the item, but in
agreement with restricting a right turn onto Pleasant Run from the parking lot.
Mayor Newton closed the public hearing at 11:12 p.m.
There was general discussion of the right turn possibility. City Manager Ducay
advised the funding comes from TIF and approximately $60,000 in sales tax
revenue will go back to the TIF.
City Manager Ducay also noted the City has marketed other locations to Chick -fil-
A, but the locations did not work, however, this location, with negotiations, did,
and is part of the overall deal.
Councilmember Kelley made a motion to approve Resolution R-19-4445,
and Councilmember Nakamura seconded the motion.
The motion carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
7b Resolution R-19-4446
A resolution casting votes for electing members to the Tarrant
Appraisal District Board of Directors
Mayor Newton read Resolution R-19-4446 in its entirety.
Mayor Newton reminded the City Council Rich Deotte and Gary Losada are the
City’s candidates for the TAD Board of Directors. Mayor Newton stated he has
been tracking the vote and currently both candidates are projected to have
approximately 800 votes at the end of voting.
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City of Colleyville Page 15
Mayor Newton opened the public hearing at 11:16 p.m. There w as no one present
wishing to speak and Mayor Newton closed the public hearing at 11:16 p.m.
Mayor Newton made a motion to approve Resolution R-19-4446, and
Mayor Pro Tem Lindamood seconded the motion.
The motion carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
Mayor Newton moved to item 7e at 11:18 p.m. and returned to this item
at 12:24 p.m.
7c Resolution R-19-4447
Approval of the Final Report of the Pedestrian Transportation Ad Hoc
Committee and adoption of the 2019 Sidewalk and Trail Map to be
attached to the Sidewalk Policy adopted July 2, 2018
Mayor Newton read Resolution R-19-4447 in its entirety.
Assistant City Manager Adrienne Lothery presented this item, noting the
Pedestrian Transportation Ad-Hoc Committee had provided the City Council a final
report and recommendations at the November 17, 2019 City Council Worksession.
Mayor Newton thanked the ad-hoc committee for all their work, noting they were
aggressive and thorough in their work. Next steps are an implementation plan,
although several components of the recommendations are already in the current
capital improvement plan.
Mayor Newton opened the public hearing at 12:32 a.m. There was no o ne present
wishing to speak and Mayor Newton closed the public hearing at 12:32 a.m.
Councilmember Wheat made a motion to approve Resolution R-19-4447,
and Councilmember Kelley seconded the motion.
The motion carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
7d Resolution R-19-4448
Repealing Resolution R-17-4208 and reorganizing the Colleyville
Community Garden Advisory Committee, reappointing members, and
assigning committee responsibilities
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City of Colleyville Page 16
Mayor Newton read Resolution R-19-4448 in its entirety.
Mayor Newton stated the Chair had resigned from the committee and he has met
with the remaining members to ascertain if they wish to continue. They have
selected a new Chair, and this resolution will allow the committee to move
forward.
Mayor Newton opened the public hearing at 12:42 a.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 12:42 a.m.
Mayor Pro Tem Lindamood made a motion to approve Resolution R-19-
4448, and Councilmember Dodson seconded the motion.
The motion carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
Mayor Newton moved to item 7e at 11:18 p.m. At 11:54 p.m. Mayor
Newton took a vote of the City Council to continue beyond midnight. The
vote carried unanimously.
7e Resolution R-19-4449
Approval of a sublease agreement with Wells Fargo CPG, for the
former Wachovia Bank building located at 5601 Colleyville Boulevard,
for the Colleyville Business Center
Mayor Newton read Resolution R-19-4449 in its entirety.
Assistant City Manager Mark Wood presented 7e, 7f, and 7g in one presentation,
stating all three resolutions relate to the Colleyville Business Center.
Manager Wood stated Resolution R-19-4449 is the culmination of many
worksession discussions and planning for a central hub for business development
in Colleyville. He stated this lease will provide for the City of Colleyville to lease
the former Wachovia Bank building located on SH26, with funding provided
through the TIF.
Manager Wood stated the business plan is based on the Three Es: – Events,
Education, and Entrepreneurism. The Colleyville Business Center will provide a
place for entrepreneurs to rent space to network, host and attend training,
conduct meetings, and have a place outside of a home or office to conduct and
grow their business.
Manager Wood explained obtaining this lease provides for three significant
achievements:
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City of Colleyville Page 17
1. A new home for the Chamber of Commerce, 2. A single-point of contact for
business development in Colleyville, and 3. Provides a tenant to a key commercial
building that otherwise will remain empty until 2025.
Manager Wood stated the City is partnering with Tarrant County College,
Grapevine Independent School District, and Service Corps of Retired Executives
(SCORE), as well as responding to the recent Citizen Survey whereby 87% of the
respondents replied the City should be very involved or involved in Economic
Development.
As Manager Wood had presented the information for all three resolutions, the
following discussion occurred.
Councilmember Dodson questioned the in-kind staffing figures and if there will be
signage on the Business Center. Manager Wood explained the Chamber of
Commerce will staff the building during regular Monday through Friday, 8:00 a.m.
to 5:00 p.m. business hours, as well as manage the daily operations to include
mail and package services and scheduling conference rooms. He stated the
landlord will have to approve the signage.
There was discussion and review of the draft profit and loss budget and discussion
by each Councilmember regarding their thought process of the need and
usefulness of the Business Center, how it may be utilized, and the City’s function
and costs in the process.
Councilmember Rigney asked Manager Wood what will stop these businesses from
moving to another city and how success is measured. Manager Wood responded
studies show entrepreneurship is about establishing a community and
entrepreneurs are more likely to keep their business in the community where they
begin and have established a network and resources. He believes success
measurements will include the number of events, TCC courses, and being a 1
Million Cup member. Additionally, he sees having a tenant in the building, activity
on SH26, and the Chamber having a secure future for three to five years, as
successes.
Mayor Newton opened the public hearing at 11:57 p.m.
Also I think of the Kathy Hadley, 204 Timberline Drive North, spoke in opposition
to this item with concerns for the Chamber leasing the space as they previously
had their own building, the City providing the funding for the lease, and concern
for Wells Fargo business practices.
The following did not wish to speak but registered support of this item. Julie
Smith, 1200 Euless Wiser Road, Euless; Shonda Schaefer, representing the
Colleyville Chamber of Commerce Board, 3137 Fox Run Drive, Grapevine.
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City of Colleyville Page 18
There were no others wishing to speak and Mayor Newton closed the public
hearing at 11:59 p.m.
Councilmember Wheat made a motion to approve Resolution R-19-4449,
and Councilmember Dodson seconded the motion.
The motion carried by the following vote:
Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, and Kelley
Nay: 1 – Councilmember Rigney
7f Resolution R-19-4450
Approval of a membership agreement with the Colleyville Chamber of
Commerce for the Colleyville Business Center
Mayor Newton read Resolution R-19-4450 in its entirety.
Assistant City Manager Mark Wood stated the agreement is a three year term and
two, one year renewals. The annual base rental fee will be $15,000 with an
annual increase and the Chamber providing staffing for the Business Center.
Mayor Newton opened the public hearing at 12:02 a.m.
Kay Allen, representing the Chamber of Commerce, 4308 Pembrooke Parkway
North, spoke in support of this item, stating the Chamber is excited to partnershi p
with the City, and she congratulated the City for being creative and finding a
solution for use of an empty building along the main corridor.
The following did not wish to speak but registered support for this item. Michael
Hinkle-Morrison, 4012 Felps Drive; DeWayne Smart, 6003 Sunderland Drive;
Carolyn Sims, 7513 Orchard Court, North Richland Hills; Jason Ridley, 5303
Colleyville Boulevard; Kylan Hoss, 3237 Oleander Court; and Shonda Schaefer,
3137 Fox Run Drive, Grapevine.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 12:05 a.m.
Councilmember Dodson made a motion to approve Resolution R-19-4450,
and Councilmember Wheat seconded the motion.
The motion carried by the following vote:
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City of Colleyville Page 19
Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, and Kelley
Nay: 1 – Councilmember Rigney
7g Resolution R-19-4451
Approval of staff to move forward with architectural services for tenant
finish out of the Colleyville Business Center
Mayor Newton read Resolution R-19-4451 in its entirety.
Assistant City Manager Mark Wood stated Hidell and Associates was engaged to
provide the construction drawings to finish out the Colleyville Business Center
space which is approximately 4,000 square feet. Construction work will include
new flooring in some areas, reconfiguration of space to create office and
conference room space, and renovation to bathrooms. With Council approval, this
project would be bid at the end of 2019, with construction to begin early 2020.
Mayor Newton opened the public hearing at 12:08 a.m. There was no one
presenting wishing to speak and Mayor Newton closed the public hearing at 12:08
a.m.
Councilmember Wheat made a motion to approve Resolution R-19-4451,
and Councilmember Dodson seconded the motion.
The motion carried by the following vote:
Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, and Kelley
Nay: 1 – Councilmember Rigney
Mayor Newton declared a recess at 12:09 a.m. and reconvened at 12:14
a.m.
8. DISCUSS AND CONSIDER A MOTION TO RECONSIDER
8a Discuss and consider a motion to reconsider/rescind the City Council’s
previous motion approving Ordinance 19-2100 and providing for
additional vehicle inventory regulations added by the City Council
during the November 19, 2019 City Council meeting
Mayor Newton stated at the November 19, 2019 City Council meeting, following
discussion, the City Council limited the number of Enterprise vehicles to be on the
lot at one time to ten. Enterprise Corporate office representatives asked to meet
with him and City staff to address their concerns with the limits. Enterprise
officers explained there are at times more than ten vehicles on the lot to be able
City Council Minutes December 3, 2019
City of Colleyville Page 20
to meet reservation demand and asked the limitation to be removed. In exchange
for the consideration, Enterprise will agree to no monument signs and having to
obtain a certificate of occupancy within two years.
There were no questions from the City Council.
Mayor Newton made a motion to reconsider Ordinance O-19-2100, and
Councilmember Kelley seconded the motion.
The motion carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
9. READING AND PUBLIC HEARING
9a Ordinance O-19-2100
Presentation and discussion of a zoning change from CC-1 Village
Retail to PUD-C Planned Unit Development – Commercial in Tract
2C03, Abstract 206, in the BBB & C RY Survey, located at 4917
Colleyville Boulevard, Case ZC19-012 (Ordinance 19-2100)
Mayor Newton read the caption of Ordinance O-19-2100.
Community Development Director Ben Bryner provided a review of the location of
the development and previous changes to the ordinance.
There were no questions from City Council.
Mayor Newton opened the public hearing at 12:23 a.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 12:23 a.m.
Councilmember Wheat made a motion to approve Ordinance O-19-2100
with the following amendments: remove 6c limiting the number of
vehicles allowed on the property; add to 1.d. This PUD-C will become null
and void in the event a valid Certificate of Occupancy (CO) for the
business is not issued within twenty-four (24) months from the date of
passage of this Ordinance; add 6d No monument sign(s) shall be
permitted to be erected upon the above described tract of land, and Mayor
Pro Tem Lindamood seconded the motion.
The motion carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
City Council Minutes December 3, 2019
City of Colleyville Page 21
10. CITIZEN COMMENTS
There was no one present wishing to speak.
11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 3,
2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4452
This resolution was not needed.
12. ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the meeting without objection by the City Council at 12:46 a.m. Wednesday,
December 4, 2019.
APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 17TH DAY OF DECEMBER
2019.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary