HomeMy WebLinkAboutCity Council-Minutes-03/03/2020
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, March 3, 2020
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 SH26 median and right of way project update
WS-2 Update on SH26 construction project by City staff
WS-3 Discussion of the Glade Road and Riverwalk Drive roundabout
WS-4 Discussion of the March 3, 2020, 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
REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
City Council Agenda March 3, 2020
City of Colleyville Page 2
INVOCATION: Lyle Schofield, Church of Jesus Christ of Latter-day Saints
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-20-4476
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4477
4a Approval of the minutes of the regular City Council meeting of February
18, 2020
4b Authorizing the submission of a Department of Justice federal grant
application and committing resources if City is a grant recipient
4c Approval of a license agreement with Dallas Area Rapid Transit (DART)
for the installation of a 144 count fiber optic cable encased inside a 4
inch steel casing pipe, crossing near Bransford Road, and authorizing
the City Manager to execute the agreement
4d Approval of a Professional Services Agreement with Kimley-Horn and
Associates, Inc., for the 2020 Water, Wastewater, and Roadway Impact
Fee Update, in an amount not to exceed $127,600, and authorize the
City Manager to execute the agreement
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-20-2111
Consideration of a zoning change request from the AG Agricultural
district to the CC-1 Village Retail district on Tract 2B & 2B02, Abstract
180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case
ZC20-001
5b Ordinance O-20-2112
Consideration of a request for a Special Use Permit for Cemeteries or
Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey,
located at 5713 Colleyville Boulevard, Case ZC20-002
City Council Agenda March 3, 2020
City of Colleyville Page 3
5c Ordinance O-20-2113
Consideration of a zoning change request from the PUD-C Planned Unit
Development – Commercial district to the PUD-C Planned Unit
Development – Commercial district for the Heritage Farms addition,
being Lots 1-3, Block A, Heritage Farms, located at 913 Cheek-Sparger
Road, 3808 Wayne Drive, and 3900 Bedford Court, Case ZC19-009
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-20-4478
Consideration of a request for a Preliminary/Final Plat for Lots 1-11,
Block A, Lots 1-13, Block B, and Lots 1-3, Block X, of the Preston
Manor Addition, being Tracts 6A1, 6A2, 6A2A, 6A2B1, Abstract 1487, in
the O C Sturm Survey, and Tracts 1B, 1B1, 1B2A, Abstract 1176, in the
J J Newton Survey, located at 401 Shelton Drive, Case PC20-001
6b Resolution R-20-4479
A resolution cancelling the May 2, 2020 General Election and declaring
each unopposed candidate elected to office
7. CITIZEN COMMENTS
8. REPORTS
August 12, 2019 Planning and Zoning Commission Minutes
August 26, 2019 Planning and Zoning Commission Worksession Minutes
September 9, 2019 Planning and Zoning Commission Minutes
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
MARCH 3, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-
20-4480
10. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, February
28, 2020 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.
City Council Agenda March 3, 2020
City of Colleyville Page 4
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, March 3, 2020 City Council Chambers
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, March 3, 2020, 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, Police Chief Michael Mi ller, Community
Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Parks
and Recreation Director Lisa Escobedo, City Attorney Whitt Wyatt, and City
Secretary Christine Loven.
WS-1 SH26 median and right of way project update
Assistant City Manager Adrienne Lothery provided a brief overview of the median
design project. She then introduced Aaron Duncan and David Newman, MESA
Design Group, who reviewed the lighting, corridor and gateway designs and
provided cost estimate updates for the corridor hardscape and landscape and
project schedule updates.
There was discussion regarding the number of poles which will have electricity and
banner connections and the reduction in costs and increase in contingency.
Hardscape and landscape median and parkway construction will occur first
followed by gateway vertical elements from July 2020 through April 2021.
There was general discussion regarding timelines, irrigation design, and
construction management. MESA will continue to provide updates and seek City
Council consensus of materials, landscape, and costs, allowing for continual review
and cost analysis.
WS-2 Update on SH26 construction project by City staff
Public Works Director Ray Silva-Reyes presented this item by giving an overview
of the project. He noted Phase, 2, 2A and 3 are complete and Phase 4 is in
progress with an anticipated spring 2020 completion date. Director Silva -Reyes
stated there has been a disagreement between the subcontractor and general
contractor and the City is attempting to work with TxDOT to resolve the
challenges. The final Phase 4 items still to be completed are: installation of the
remaining permanent traffic signals and the installation of landscape irrigation
headers.
City Council Minutes March 3, 2020
City of Colleyville Page 2
Director Silva-Reyes stated the construction barrels will not be removed until the
signals and striping are complete. City Council is trying to push for completion,
but there is very limited progress currently. City Management has reached out to
elected state representatives and the County Commissioner, and the Mayor has
contacted the District Engineer and TxDOT’s Chief Engineer.
WS-3 Discussion of the Glade Road and Riverwalk Drive roundabout
Assistant City Manager Adrienne Lothery presented this item seeking City Council
direction regarding the artwork they would prefer to see in the roundabout. The
presentation provided suggestions from the public and a collage of possible
statues and designs.
Following discussion, City Council chose a design theme of children interacting
with children and geese or ducks.
WS-4 Discussion of the March 3, 2020, City Council regular agenda items
Mayor Newton stated items 5a and 5b will be presented together, how ever, when
it is time to vote on these ordinances, each will be considered separately . He also
noted there may be lengthy discussion on 5c and 6a.
Mayor Newton closed the Worksession at 6:25 p.m.
Mayor Newton called the Executive Session to order at 6:25 p.m. and called the
roll.
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
City Council Minutes March 3, 2020
City of Colleyville Page 3
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 7:10 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:30 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
INVOCATION: Lyle Schofield, Church of Jesus Christ of Latter-day Saints
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-20-4476
This resolution was not needed.
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:
Fire Department CPR Save: On February 13, 2020, our crews were dispatched
to a call for a 65 year old patient that was unresponsive and not breathing. The
crews performed life saving measures including CPR, electric shock and drug
therapy. The patient regained spontaneous circulation and respiratory effort and
was transported to Baylor Grapevine. She remains hospitalized, but is stable and
expected to recover. Special recognition goes out to Shane Bailer, William Hutton,
Brent Wilson and Brian Wallace. This represents the 12th save over the last two
years.
City Council Minutes March 3, 2020
City of Colleyville Page 4
Transparency Star Awarded Colleyville: Texas Comptroller Glenn Hegar
announced City of Colleyville is the latest local government entity to achieve
specific transparency goals through the Comptroller’s Transparency Stars
program. Colleyville received a star in the area of Traditional Finances, which
recognizes entities for their outstanding efforts in making their spending and
revenue information available.
Transparency Stars recognizes local government entities that provide easy online
access to important financial data. “By providing meaningful financial data in
addition to visual tools and analysis of its revenues and expenditures, Colleyville
has shown a true commitment to Texas taxpayers. This effort achieves the goals
set by my office’s Transparency Stars program,” Hegar said. “I am pleased to
award Colleyville a star for its accomplishments.”
The Comptroller’s office launched the Transparency Stars program in March 20 16
to recognize cities, counties and school districts making important strides to
greater government transparency. Local government entities can apply for stars in
the areas of: Traditional Finances, Contracts and Procurement, Economic
Development, Public Pensions, and Debt Obligations. After receiving an initial star
for Traditional Finances, remaining stars may be awarded in any order. We will
now pursue additional Stars in the remaining categories.
Fort Worth Symphony Orchestra Event: On February 21st Colleyville welcomed
the Fort Worth Symphony Orchestra for a City-sponsored free concert. The first-
ever event welcomed the arts to our community for a wonderful evening of
exceptional music. This event would not have been possible without the vision of
this Council and the work of so many volunteers: Thank you:
James Beard and Deon Duman, Public Works
Leslie Hill, Colleyville Center
Christine Johnson and Adman Steele, City Manager’s Office
Jaime Maynard, Community Development and
Sheila Seva, Finance
Colleyville Receipt Race is Underway: The City of Colleyville and GCISD have
partnered for the 3rd annual receipt race to support Colleyville businesses. Shop
anywhere in Colleyville March 1 through April 30 and turn your receipts into your
school’s PTA (same as you do for Box Tops). It’s that easy. Receipts are due to
Colleyville City Hall by May 4. The school that collects the most receipts
(regardless of value) will receive a donation to the school’s PTA. First prize is
$5,000; second prize is $3,000; and third prize is $2,000. All participating schools
will receive a $500 donation. For more information, visit colleyville.com or call
817.503.1111.
City Council Minutes March 3, 2020
City of Colleyville Page 5
Colleyville Clean Sweep Set for March 14: Our annual clean-up event, Clean
Sweep, returns March 14. Clean Sweep offers residents a one-stop drop off event
with 5 stations: the Crud Cruiser (household hazardous waste), electronics
recycling, document shredding, bulk/brush trash, and tire recycling. The free event
(with proof of Colleyville residency) is Saturday, March 14, 9-11 a.m., at
Colleyville Heritage High School parking lot, 5401 Heritage Avenue (enter from
121 access road only)
Chamber's City Slickers Event: City Slickers is a fun evening full of live music,
Texas BBQ Buffet, dancing, armadillo races, silent auction, and casino games with
friends. Tickets are available now. City Slickers is Friday, March 20, 5:30 - 11 p.m.
at Austin Ranch, 2009 Anderson Gibson Road – Grapevine
Sign Enforcement Renewed Along SH26: We remind businesses enforcement
of illegal signs and banners along SH26 are being enforced effective March 1. This
enforcement was relaxed during roadway construction over the last two years.
With the SH26 construction coming to an end, Code Enforcement has notified
businesses of the return of sign enforcement. We appreciate the cooperation of
our businesses.
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-20-
4477
4a Approval of the minutes of the regular City Council meeting of
February 18, 2020
4b Authorizing the submission of a Department of Justice federal grant
application and committing resources if City is a grant recipient
4c Approval of a license agreement with Dallas Area Rapid Transit (DART)
for the installation of a 144 count fiber optic cable encased inside a 4
inch steel casing pipe, crossing near Bransford Road, and authorizing
the City Manager to execute the agreement
4d Approval of a Professional Services Agreement with Kimley-Horn and
Associates, Inc., for the 2020 Water, Wastewater, and Roadway
Impact Fee Update, in an amount not to exceed $127,600, and
authorize the City Manager to execute the agreement
Mayor Newton read Resolution R-20-4477 in its entirety.
Police Chief Michael Miller presented item 4b and Public Works Director Ray Silva -
Reyes presented items 4c and 4d and both answered questions of the City Council.
City Council Minutes March 3, 2020
City of Colleyville Page 6
Responding to questions regarding 4b Chief Miller stated the grants will be
awarded in May and funded beginning in June. Chief Miller stated area police
departments are not participating in the grant application because the Department
of Justice does not allow for combined applications.
Councilmember Nakamura thanked the Chief and City Manager for always seeking
out grant opportunities and planning in advance of need.
Responding to questions regarding the license agreement with DART, Director
Silva-Reyes stated the agreement is to allow fiber optics to cross over DART
owned land.
Councilmember Dodson asked what goes into the analysis of the impact fees and if
the age of the system is considered. Director Silva-Reyes said there are many
factors considered, primary is the land development plan as the fees are collected
on new lots only. The analysis is to ensure the fees are justified and can be
defended, if need be.
Mayor Newton opened the public hearing at 7:52 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 7:52 p.m.
Councilmember Nakamura made a motion to approve Resolution R-20-
4477, and Mayor Pro Tem Lindamood 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-20-2111
Consideration of a zoning change request from the AG Agricultural
district to the CC-1 Village Retail district on Tract 2B & 2B02, Abstract
180, in the J L Byas Survey, located at 5713 Colleyville Boulevard,
Case ZC20-001
5b Ordinance O-20-2112
Consideration of a request for a Special Use Permit for Cemeteries or
Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey,
located at 5713 Colleyville Boulevard, Case ZC20-002
Mayor Newton explained Ordinances O-20-2111 and O-20-2112 affect the same
property and will be presented together, however, at the second reading, each
ordinance will be voted on separately.
City Council Minutes March 3, 2020
City of Colleyville Page 7
Mayor Newton read the caption of Ordinance O-20-2111 and Ordinance O-20-
2112.
Community Development Director Ben Bryner presented both items. Director
Bryner stated Ordinance O-20-2111 for the zoning change from AG to CC-1 is
necessary to meet current zoning requirements for a cemetery use. He stated
Bluebonnet Hills Cemetery has been in operation on the property since 1953, and
the recent expansion into the far eastern portion of the property revealed the
zoning conflict. Director Bryner said the approval of the zoning change will allow
for the use and Ordinance O-20-2112 will provide for the associated SUP which will
allow for the expansion and operation of the cemetery use, while providing specific
requirements.
Director Bryner stated in 2018, Bluebonnet attempted to rezone the property and
obtain an SUP. During this time the case was tabled by the Planning and Zoning
Commission as there were several concerns that they wanted addressed. The item
was ultimately withdrawn to allow for the applicant to work with the adjacent
neighborhoods and address their concerns.
As part of any SUP, conditions may be imposed to ensure compatibility and
harmony with surrounding properties. This may include specific regulations
pertaining to landscaping and fencing along street frontages and/or along property
lines adjacent to residential development. A substantial tree line currently exists
along the eastern boundary.
Bluebonnet has been working with the Broughton Homeowners Association and the
Stone Crest Estates Homeowners Association since 2018. They suggest numerous
beneficial conditions which have been included in the proposed ordinance:
1. Grave site spoils are to be stored in the cemetery’s maintenance area.
2. No grave site or cemetery improvement shall be closer than 25 feet to the
east property line with the exception of drainage improvements and
landscaping.
3. A minimum of 25 Nellie R. Stevens Holly shrubs shall be planted within the 25
foot setback area.
4. A minimum of 55 #7 size Texas Privet shall be planted within the 25 foot
setback area.
5. A minimum 3 foot ornamental iron/tubular fence shall be constructed along
Hall Johnson Road.
6. A minimum 3 foot shrub row shall be planted along Hall Johnson Road.
7. Drainage and swale/channel improvements shall be made along the eastern
property line and within the Broughton Addition.
At the request of the Planning and Zoning Commission, the condition of no private
mausoleums/crypts shall be allowed within 100 feet of Hall -Johnson Road has also
been included in the conditions. Director Bryner stated a masonry wall is required
per the Land Development Code and the applicant is asking the requirement be
City Council Minutes March 3, 2020
City of Colleyville Page 8
waived in lieu of the tree and shrub plantings. He concluded the presentation
stating there was been no public response to the notice for either ordinance and
the Planning and Zoning Commission recommended approval of both.
Mayor Newton summarized his understanding of the items: When Bluebonnet
began their expansion they worked with the Broughton and Stone Crest
Homeowners Associations and there are agreements in place. Today, there are
citizen concerns with drainage, the applicant is seeking a waiver to the m asonry
wall, and building has occurred in violation of the zoning. Mayor Newton stated he
felt there will need to be further discussion and more detailed plans for the
ownership of the tree line, location of drainage ditches and a drainage plan.
Robert Reeves, representing the applicant, provided a presentation which
highlighted the history previously given by Director Bryner. Mr. Reeves stated a
survey of the pine trees was conducted and the cemetery owns all except two. He
discussed cleaning the earthen swale, planned construction of a shallow concrete
swale, the preliminary engineering plan, fencing, and content of the agreements
with the HOAs. Mr. Reeves stated there are three reasons they request a waiver
to the masonry wall: they do not want to harm/kill the trees, the wall would seal
off the swale at the property line, and it would take away from the pastoral setting
of the cemetery. Mr. Reeves stated he did not know the homeowners where not
aware of the agreements with the HOAs and they want to be good neighbors.
Gary Grossi, representing the applicant, stated he was available to answer
technical questions regarding the use of the cemetery. There was discussion
between Mr. Grossi and the City Council regarding the location of a street, grave
sites, mausoleums, the location of the maintenance building, the cul de sac, and
work which has already occurred.
Mayor Newton opened the public hearing at 8:59 p.m.
The following wanted their opposition noted, but did not wish to speak: Dan and
Kathy Wade, 1804 Stratton Green; Beth Ussery, 1800 Arrington Green; Clarice
Moise, 1805 Arrington Green.
The following wanted their support noted, but did not wish to speak: Stephanie
Butler, President, Stone Crest HOA, 1716 Gatehouse Court.
Each of the following spoke in opposition, all having concerns for drainage and a
lack of discussion with individual home owners.
Mindy Russell, 1805 Camden Green, Ms. Russell also discussed her concerns
regarding the topography and terrane, irrigation, screening, run off.
Michael Essery, 1800 Arrington Green, also discussed the need to have everything
in writing.
City Council Minutes March 3, 2020
City of Colleyville Page 9
Jules Moise, 1805 Arrington Green, also discussed homeowners do not agree with
the HOA and individual home owners need to be addressed.
Ricky Texada, 1801 Arrington Green, also discussed the need for details and
agreements with individual home owners, the wall which was not discussed in
Planning and Zoning Commission meeting, current individual fences, tree
ownership, elevation, privacy, and landscape.
Dawn Terry, 1801 Camden Green, also discussed the individual home owners not
being in agreement with the HOA agreement, excessive drainage on her address,
and support for requiring a wall.
The following spoke in support.
Jim Taylor, 1821 Grosvenor Green, president-elect, Broughton HOA, stated
support of this item, subject to the finalization of the engineering plans, and noted
Bluebonnet agreed to the items requested by the HOA which includes landscaping,
pond sediment, and drainage.
Jonathon Cheatham, 1716 Gatehouse Court, Stone Crest HOA President-Election
stated the HOA negotiations with Bluebonnet were different than those of the
Broughton HOA, but all negotiations and requests were met.
Kathy Hadley, 204 Timberline North, spoke in support of this item stating
Bluebonnet has always been the cemetery and was there first. She spoke in
opposition to building a wall.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 9:28 p.m.
There was further discussion of topography, drainage, roads, and swales.
Mayor Newton stated he feels more information must come before the City Council
to be able to address drainage, buffering, trees, swales, and the wall. Mayor
Newton asked Mr. Reeves and Mr. Grossi to provide an engineering analysis and
address the concerns.
Mayor Pro Tem Lindamood made a motion to table Ordinance O-20-2111
and Councilmember Nakamura 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
City Council Minutes March 3, 2020
City of Colleyville Page 10
Councilmember Wheat made a motion to table Ordinance O-20-2112 and
Mayor Pro Tem Lindamood 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
Mayor Newton called a recess at 9:44 p.m. and reconvened the meeting at
9:59 p.m.
5c Ordinance O-20-2113
Consideration of a zoning change request from the PUD-C Planned Unit
Development – Commercial district to the PUD-C Planned Unit
Development – Commercial district for the Heritage Farms addition,
being Lots 1-3, Block A, Heritage Farms, located at 913 Cheek-Sparger
Road, 3808 Wayne Drive, and 3900 Bedford Court, Case ZC19-009
Mayor Newton read the caption of Ordinance O-20-2113.
Community Development Director Ben Bryner presented this item. Director
Bryner stated the proposed PUD is requesting to significantly vary from the 2012
ordinance. The request includes 164 independent living units, 32 assisted living
units, and 24 memory care units which is a reduction in the total unit count from
281 units to 220 units. The average independent unit size is increas ed to 850 s.f.
– 1,400 s.f., height of the buildings is proposed to be two stories, and the total
project size is 326,700 s.f. with 371 parking spaces in Phase I, and 33 spaces in
Phase II, for a total of 404 spaces. Additionally, the exterior walls of the buildings
will be a minimum of 50 percent masonry materials, the buildings are connected,
and there is no retail building proposed. This proposal also provides for 50
percent common open space. Director Bryner stated the current PUD-C district
requires the developer to improve the intersection of Cheek-Sparger Road and
Bedford Road/Bedford Court with a roundabout. He stated the applicant is still
committed to the requirement, but is evaluating the level of participation with the
improvement and will also add a right-turn-only lane to northbound Wayne Drive
where it intersects Cheek-Sparger Road. Finally, the developer is proposing a
Payment in Lieu of Taxes, or PILOT, payment to the City to offset the increase in
Emergency Medical Costs from this project. Director Bryner noted the Land
Development Code only allows the proposed senior living community with Planned
Unit Development Commercial zoning.
Councilmember Dodson stated he was concerned with the amount of information
to compare and he would like more time to compare the content of both
ordinances as he suspects there will be a large impact on the City.
City Council Minutes March 3, 2020
City of Colleyville Page 11
Councilmember Nakamura concurred with Councilmember Dodson adding she was
also concerned about the roundabout and the close proximity of the development
to residential.
Councilmember Rigney asked for an explanation of the development being a
nonprofit.
Don Stephens, Methodist Retirement Community (MRC), the applicant came
forward and explained MRC is tax exempt because they were first founded by the
Methodist Church and their mission is faith based in that they have 12
communities and five serve lower income housing. Mayor Newton asked Mr.
Stephens if they are affiliated with the United Methodist Church. Mr. Stephens
stated MRC voluntarily participates in the Texas Annual United Methodist
Conference and half of their board members are United Methodist. Mr. Stephens
said by being a 501(c)(3) organization, they are able to put more money into the
MRC (staff, food, etc). Additionally, due to the tax exempt status, they are
required to give four percent of revenue to char ity care to those who could not
afford the MRC in lieu of the property taxes.
Mayor Newton stated as an elected official he has the best interest of the citizens
and the City to focus on and asked why it would be beneficial to have a non-profit
run this facility since no City ad valorum property tax revenue would go to the
City. Mr. Stephens responded for the Colleyville citizens who want to live there but
may not be able to afford to do so. He stated non -profits do a better job at facility
maintenance.
Mayor Newton asked Mr. Stephens to explain the funding structure of the MRC.
Mr. Stephens stated tax exempt bonds are secured through an agent. Entering
residents pay an upfront fee of several hundred thousand dollars which is used to
pay off the bond debt. The resident gets no equity interest in the facility or
operations. There was detailed discussion regarding a monthly fee structure a
resident would also have to pay as well as what refunds, if any, a resident
receives, if the resident decides to leave the facility.
Mayor Newton asked Mr. Stephens if they have any time critical deadlines. Mr.
Stephens said they have not yet bought the property as they are waiting to see
what the City Council will decide. He noted they have another extension on the
land purchase they can use, however, the interest rate is currently very low and
they would like to come forward as soon as possible.
Mayor Pro Tem Lindamood asked Mr. Stephens if they build any other type of
developments and how often do they sell them. Mr . Stephens replied they only
build senior living facilities and they have only sold one because it could not be
rebuilt following a hurricane.
City Council Minutes March 3, 2020
City of Colleyville Page 12
Councilmember Dodson asked Mr. Stephens how they decide which community is
low income. Mr. Stephens stated it is based on income.
There was detailed discussion regarding operation and maintenance of the
facilities. Mr. Stephens introduced Robert Green, Greystone Development, who
manages the properties. The Mayor and City Council continued to have
discussions with Mr. Stephens and Mr. Green to understand the financing,
refunding, management fees, and partnerships.
Following the discussion above, Mayor Newton suggested this item be tabled and a
worksession be conducted for further discussion, but he would first like to hear the
concerns of the citizens present who were waiting to speak.
Mayor Newton opened the public hearing at 11:05 p.m.
The following spoke in opposition to this item representing the same concerns of
drainage, aesthetics, privacy, loss of home value, setbacks, two story height, and
traffic.
Bill West, 1009 Michael Sean Court, Bedford; Mark Matherne, 1104 Plantation
Court, Colleyville; Jason Finch, 3721 Woodmont Court, Bedford; Tom and Jocelyne
Buckelew, 3709 Woodmont Court, Bedford.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 11:28 p.m.
Councilmember Wheat made a motion to table Ordinance O-20-2113 and
set a date for a worksession on this item and Councilmember Rigney
seconded the motion.
The motion to table and establish a worksession carried by the following
vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
At 11:55 p.m. Mayor Newton took a unanimous vote of the City Council to
continue beyond midnight.
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-20-4478
Consideration of a request for a Preliminary/Final Plat for Lots 1 -11,
Block A, Lots 1-13, Block B, and Lots 1-3, Block X, of the Preston
Manor Addition, being Tracts 6A1, 6A2, 6A2A, 6A2B1, Abstract 1487,
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City of Colleyville Page 13
in the O C Sturm Survey, and Tracts 1B, 1B1, 1B2A, Abstract 1176, in
the J J Newton Survey, located at 401 Shelton Drive, Case PC20-001
Mayor Newton read Resolution R-20-4478 in its entirety.
Mayor Pro Tem Lindamood stated he is disclosing his company removed the house
which was previously located on this lot, however, it has no bearing on his decision
regarding this item.
Community Development Director Ben Bryner presented this item and answered
questions of the City Council. Director Bryner stated the request is to plat 15.70
acres, zoned R-20 Single Family Residential, into 24 single -family residential lots,
and three common area lots with gated, private streets. He stated as submitted,
the proposed plat meets all of the requirements of the existing R-20 zoning and
the net density for the subdivision calculates to 1.85 dwelling units per
acre. Director Bryner noted lot 408 is owned by the City and the current plat as
proposed uses that land which has no right of way or easements on it. As a result
the current plat cannot be approved without resolution of this issue. He stated this
lot could be sold to the developer or designated as right of way. He stated there
has been no correspondence regarding this request and the Planning and Zoning
Commission recommended approval.
Councilmember Wheat asked if this item is null if the railroad does not approve the
drainage agreement with the developer. Director Bryner agreed that was true.
Osama Nashed, Senior Associate, ANA Consultant, representing the
owner/developer, reviewed the drainage plans, conceptual renderings, entrances,
and the applicant’s desire to have the City dedicate their property as right of way.
Mr. Nashed answered questions of the City Council.
There was discussion of the pond located on the property, the drainage design,
underground culvert, the development not meeting the lot minimum, and the
location of the development to the high frequency lines.
Mayor Newton stated he has concern with the private streets, especially in an R -20
zoning, and will not vote for it. Councilmember Dodson expressed concern over
the public area, and Mayor Pro Tem Lindamood asked if code was being met.
Mayor Newton stated he thinks the item should be tabled and asked the applicant
to provide a grading and landscape/tree preservation plan, and the railroad
agreement. He stated the City will have to also consider the options for the City
owned property.
Mayor Newton opened the public hearing at 12:11 a.m.
The following did not wish to speak, but wanted their support noted.
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Atif Henry, 500 Bridlewood North; Robert Bradshaw, 5708 Oaktop.
George Whittman, 415 Shelton spoke in support of the development and the
private street, stating he preferred the private streets to protect from the public
traffic going to the Webb House. He also is pleased with the 24 lots which makes
it feel less crowded.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 12:17 a.m.
Mayor Newton made a motion to table Resolution R-20-4478, and
Councilmember Dodson 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
6b Resolution R-20-4479
A resolution cancelling the May 2, 2020 General Election and declaring
each unopposed candidate elected to office
Mayor Newton read Resolution R-20-4479 in its entirety.
There was general discussion regarding filing notifications, ordering an election,
election code, and the ability of the City to cancel the election when candidates are
unopposed.
Mayor Newton opened the public hearing at 12:26 a.m.
Donna Cornell, 4009 Woodstock Drive, spoke in opposition to this item with
concerns for the notification and advertising process and the ability to have a self -
appointed governing body.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 12:32 a.m.
Councilmember Kelley made a motion to approve Resolution R-20-4479,
and Councilmember Nakamura 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
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7. CITIZEN COMMENTS
There was no one present wishing to speak.
8. REPORTS
August 12, 2019 Planning and Zoning Commission Minutes
August 26, 2019 Planning and Zoning Commission Worksession Minutes
September 9, 2019 Planning and Zoning Commission Minutes
There was no discussion of this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
MARCH 3, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-
20-4480
This resolution was not needed.
10. ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the meeting without objection by the City Council at 12:34 a.m. on Wednesday,
March 4, 2020.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 17TH DAY OF MARCH,
2020.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary