HomeMy WebLinkAboutCity Council-Minutes-07/07/2020
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, July 7, 2020
WORKSESSION
5:00 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Follow-up discussion of SH26 Gateway Elements
WS-2 Discussion of the draft Capital Improvement Program (CIP)
WS-3 Discussion of landscape design for Glade Road/Riverwalk Drive roundabout
WS-4 Discussion of a date for the City Council Goal Setting Worksession
WS-5 Discussion of the July 7, 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
• Acquisition of right-of-way along John McCain Road
Section 551.074 - Personnel - Deliberate the appointment, employment,
evaluation, and duties of the City Manager
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 July 7, 2020
City of Colleyville Page 2
REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Pastor Jeff Strickland, Journey Church
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4513
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-20-4514
4a Approval of the minutes of the regular City Council meeting of June 16,
2020
4b Approval of the renewal of Superior Vision Insurance, and renewal and
award of medical and dental insurance to BlueCross/BlueShield of
Texas, and authorizing the City Manager to execute the agreements
4c Approval of a Construction Services Agreement with The Fain Group,
Inc., for the SH26 Beautification Project, in an amount not to exceed
$5,748,040.30, and authorizing the City Manager to execute the
agreement
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-20-2122
Request to appeal the decision of the Planning and Zoning Commission
for consideration of a Special Use Permit for a fence to extend into the
required street side yard on Lot 1, Block 1, of the Stowe Addition,
located at 816 Shelton Drive, Case ZC20-009
5b Ordinance O-20-2123
Request to appeal the decision of the Planning and Zoning Commission
for consideration of a Special Use Permit for a fence to extend into the
required street side yard on Lot 1, Block 8, Creekside at Colleyville,
Phase 3, located at 3501 LeJoie Lane, Case ZC20-010
City Council Agenda July 7, 2020
City of Colleyville Page 3
5c Ordinance O-20-2124
Request to appeal the decision of the Planning and Zoning Commission
for consideration of a Special Use Permit for a fence to extend into the
required street side yard on Lots 9 & 10, Block 8, Creekside at
Colleyville, Phase 3, located at 3609 LeJoie Lane and 3608 Valmur
Avenue, Case ZC20-011
5d Ordinance O-20-2125
Consideration of amendments to Chapter 1, Section 1.17 of the Land
Development Code, specifically for the permitting of expiration of
vested project rights
6. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
6a 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
6b 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
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-20-4515
Approving a resolution amending Resolution R-20-4464 by approving the
revised City of Colleyville City Hall Polling Place Electioneering Regulations and
Electioneering Designation Map
8. CITIZEN COMMENTS
9. REPORTS
Planning and Zoning Commission Minutes - May 11, 2020
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
JULY 7, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-
4516
City Council Agenda July 7, 2020
City of Colleyville Page 4
11. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Thursday, July
2, 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.
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, July 7, 2020 City Council Chambers
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, July 7, 2020, at 5:03 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 Adrienne
Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Public Works Director
Ray Silva-Reyes, Finance Director Kyle Lester, City Attorney Whitt Wyatt, and City
Secretary Christine Loven.
Mayor Newton welcomed everyone and stated the room has been rearranged to
provide appropriate social distancing and remove the need for masks.
WS-1 Follow-up discussion of SH26 Gateway Elements
Assistant City Manager Adrienne Lothery introduced this item stating the purpose
of this presentation is to receive direction from City Council with the goal of being
able to move toward preparation of construction documents and going out to bid.
David Newman and Stan Cowan, MESA, reviewed the designs and provided a
“perspective” video for the gateway elements and answered questions of the City
Council.
There was general discussion of stone signage, the tower heights with finials, and
the project timeline. The City Council directed MESA to move forward with the
towers being the tallest option presented. That is 90 feet in height for the southern
gateway, the John McCain and Main Street towers were shorter.
Councilmember Kelley stated for the record he thought the 90 foot tower was too
big and blocky.
Mayor Pro Tem Lindamood stated he thinks the towers will be impressive when the
drooping wires are straightened up and the light poles are installed. He further
confirmed TIF funding is being used for the gateway elements.
Mr. Newman stated they will move forward with the construction documents and
will come back to City Council with any questions and updates.
City Council Minutes July 7, 2020
City of Colleyville Page 2
WS-2 Discussion of the draft Capital Improvement Program (CIP)
Public Works Director Ray Silva-Reyes provided an overview of the benefits of a
CIP, highlights of the FY2020 CIP, and proposed FY2021 projects.
City Council thanked Director Silva-Reyes and his team for all their efforts in
creating and overseeing all the CIP projects.
WS-3 Discussion of landscape design for Glade Road/Riverwalk Drive roundabout
Assistant City Manager Adrienne Lothery presented this item. The size, possible
art, and the roundabout layout were discussed. City Council directed staff to
provide a rendering with the roundabout dimensions and overlays for landscape
and sculptures for further Council review and direction.
WS-4 Discussion of a date for the City Council Goal Setting Worksession
The City Council chose the date of Wednesday, July 22, 2020 at 12 noon for the
goal setting worksession.
WS-5 Discussion of the July 7, 2020, City Council regular agenda items
Mayor Newton stated there were four first reading ordinances on the agenda and
the two tabled ordinances will remain tabled.
Mayor Newton adjourned the Worksession at 6:12 p.m.
Mayor Newton called Executive Session to order at 6:12 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:
City Council Minutes July 7, 2020
City of Colleyville Page 3
• Acquisition of real property along Main Street
• Acquisition of real property along SH26
• Acquisition of right-of-way along John McCain Road
Section 551.074 - Personnel - Deliberate the appointment, employment,
evaluation, and duties of the City Manager
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, 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 7:08 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:31 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
INVOCATION: Pastor Jeff Strickland, Journey Church
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4513
Mayor Newton read Resolution R-20-4513 in its entirety.
Public Works Director Ray Silva-Reyes presented this item, stating the purchase is
for right-of-way along John McCain which will allow for the hike and bike trail to be
completed to the Cotton Belt Trail, all the way to McPherson Park.
Mayor Newton stated the CIP provides the plan and funding to fill in the gaps in
the trail.
Mayor Newton opened the public hearing at 7:36 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 7:36 p.m.
City Council Minutes July 7, 2020
City of Colleyville Page 4
Mayor Pro Tem Lindamood thanked the property owners for working with the City.
Councilmember Dodson made a motion to approve Resolution R-20-4513,
seconded by Councilmember Rigney.
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
Mayor Newton read Resolution R-20-4513-1 in its entirety.
Mayor Newton stated the City Manager is evaluated by the City Council, following
the standard evaluation process which includes a self-evaluation and a 10-part
criteria and rating system. He noted each Councilmember completes an
evaluation for the City Manager and scores are averaged.
The Mayor and each of the Councilmembers thanked the City Manager for
guidance and leadership.
Mayor Newton opened the public hearing at 7:42 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 7:42 p.m.
Mayor Pro Tem Lindamood thanked the property owners for working with the City.
Councilmember Kelley made a motion to approve Resolution R-20-4513-1,
seconded by Councilmember Nakamura.
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
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Mayor Newton provided the following update on COVID-19:
COVID-19 Update: Both COVID-19 testing and COVID-19 cases have been
increasing across our state and our region. As of today, Colleyville had 45 active
cases and thankfully still no deaths. I have said numerous times that each of us
individually have the most control over our safety regarding the coronavirus. I
urge you to avoid crowds and socially distance. If you are around people outside
your family, please wear a mask. Even though numerous media and social media
City Council Minutes July 7, 2020
City of Colleyville Page 5
have said I am opposed to masks – that is not true. I regularly wear a mask and I
encourage others to do so. In fact I am asking as Mayor of Colleyville that you
voluntarily follow all safety protocols. That is in your best interests, your family’s
best interests, and your friends and neighbors best interests. I have the upmost
confidence in Colleyville residents – you are intelligent, have pride in our
community, and care about your family and others. Please do this for your own
sake.
Here is a summary of the facts as I see them. As I’ve told you many times, I track
hospital beds in use by COVID patients – or hospital bed capacity, ventilator
capacity and deaths. AS of today Tarrant County hospital bed available capacity is
at 32%, just as it was when I did my last video update. Ventilator available
capacity is still at 67% and the death rate is not increasing. As of today Tarrant
County total deaths are 0.0001 per person in the county – that’s 248 total deaths.
If you look at the statistics for testing and deaths by age group, you find that 59%
of cases are in the age group less than 45 years old while only 5% of the deaths
are in that age group. However, while the age group older than 65 have only 12%
of the cases, the over 65 age group has 67% of the deaths. So if you are older -
like me – please take extreme precautions.
Testing is increasing dramatically in the under 45 age group, therefore more cases
are coming in – thank goodness that age group is resilient and the death rate is
not increasing.
In view of all of this the governor has issued a new order basically requiring that
you wear a face mask if you are not socially distanced from others. If you are
socially distanced – inside or outside – The governor’s order does not require a
mask. I think the governor is working hard to find a balance between our
individual constitutional rights as free and healthy people and urging people to
take every precaution against the risk of getting the virus. And I do the same.
City Councilmembers made the following announcements:
Stars & Guitars Event Wrap-up: Approximately 2,500 visitors enjoyed our
annual Stars & Guitars Event June 26th. The event culminated with an exceptional,
patriotic themed, fireworks show. This family-friendly event provided for social
distancing with large open space and radio simulcast of the music for those
choosing to remain in their cars. Thank you to all who worked to make this event
possible.
Election Day Early Voting Information for Primary Runoff Election: Early
voting will continue to take place at Colleyville City Hall, 100 Main Street, through
July 10 for primary runoff elections. Election Day voting will also be held at
Colleyville City Hall on July 14.
City Council Minutes July 7, 2020
City of Colleyville Page 6
License Plate Reader Technology Success Story: A few meetings back, this
council approved the purchase and installation of license plate readers (LDR) along
SH26. We did so with the hope that such technology would assist in criminal
investigations. Currently, only a single trailer-mounted LPR is in use within the
city. Last week, that single unit assisted our department in apprehending a
residential burglar. Police Chief Miller provided highlights of how police work and
technology were combined to identify and locate the suspect.
Solicitors Active in Colleyville: Residents may notice solicitors in their
neighborhood or at their door. It is that time of year when solicitors will be
working in our area. All solicitors are required to have a permit from the city.
Residents may also request they be added to the “no solicitation list” maintained
by the city staff. If a solicitor is active without a permit, please contact the police
department.
Census Update: Census workers begin knocking on doors August 11, to ensure
all residents respond to the 2020 Census through October 31. In the meantime,
the Census Bureau continues efforts to increase response rates across our region.
Once again, Colleyville leads the county with the highest response rate – currently
at 83.3%. If you have not completed your census response, please do so.
Responses can be online, phone, or paper form. Call 817-503-1111 for additional
information.
Library Offers Online Origami Program: Learn the art of Origami in a fun,
easy, and interactive setting! This is a wonderful start if you want to learn to fold
or improve your folding skills. You only need paper (6 or 8 inch is preferable).
Remember, the smaller the square, the harder it will be to fold. Registration
required to receive a WebEx event invitation by email. The event will be held on
Sat., July 18, noon - 1:30 pm (Ages: 12+). Registration can be done online at
ColleyvilleLibrary.com. You can also contact Adult Services at 817-503-1155 or
reference@colleyville.com.
Encouragement: Mayor Pro Tem Lindamood thanked McKenzie Wollin, owner of
Card My Yard, Colleyville, for placing all the encouraging signs around town.
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4514
4a Approval of the minutes of the regular City Council meeting of June 16,
2020
4b Approval of the renewal of Superior Vision Insurance, and renewal and
award of medical and dental insurance to BlueCross/BlueShield of
Texas, and authorizing the City Manager to execute the agreements
4c Approval of a Construction Services Agreement with The Fain Group,
Inc., for the SH26 Beautification Project, in an amount not to exceed
City Council Minutes July 7, 2020
City of Colleyville Page 7
$5,748,040.30, and authorizing the City Manager to execute the
agreement
Mayor Newton read Resolution R-20-4514 in its entirety.
Human Resources Director Jesse Perez presented item 4b and answered questions
of the City Council. Director Perez explained the health insurance premium
bidding process and stated after final negotiations, Blue Cross\Blue Shield was the
low bidder offering a premium decrease of 0.2%.
Assistant City Manager Adrienne Lothery, Public Works Director Ray Silva-Reyes,
and David Newman and Stan Cowan, of MESA, presented item 4c, reviewing the
bidding process, the add/alternates, the selection of medium and high priorities,
the review process and the recommendation of entering into an agreement with
The Fain Group.
The Mayor and City Council thanked everyone for their work going into the bidding
process which resulted in receiving bids under budget and allowing flexibility in
options.
Mayor Newton opened the public hearing at 8:19 p.m.
Kathy Hadley, 204 Timberline Drive North, spoke in favor of 4c, stating the design
sounds wonderful and encouraged the use of ground cover to soften the area and
make it appear less stark. She also suggested involving the Garden Club. There
were no others wishing to speak and Mayor Newton closed the public hearing at
8:22 p.m.
Mayor Pro Tem Lindamood made a motion to approve Resolution R-20-
4514, seconded by Councilmember Nakamura.
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-20-2122
Request to appeal the decision of the Planning and Zoning Commission
for consideration of a Special Use Permit for a fence to extend into the
required street side yard on Lot 1, Block 1, of the Stowe Addition,
located at 816 Shelton Drive, Case ZC20-009
Mayor Newton read the caption of Ordinance O-20-2122.
City Council Minutes July 7, 2020
City of Colleyville Page 8
Principal Planner Jackie Reyff presented this item stating the applicant is
requesting a Special Use Permit to allow a five foot steel fence to be located
approximately 10 feet from the corner street side property line, which is within the
street side yard of the property.
Mark Cooper, 2804 Lake Brook Court, Highland Village, the builder and applicant
representing the homeowner, stated the SUP for the fence is requested for safety
along the driveway and privacy and security from Pleasant Run Road. He further
explained he did not apply for a fence permit at the time the building permits were
applied for and received and learned of the changes to the Land Development
Code when applying for the fence permit in February 2020.
Mayor Newton stated the City Council spent a lot of time dealing with this property
and stated Mr. Cooper had built a beautiful home on a complicated lot. He further
advised Mr. Cooper the timing of the permit did not matter as this Council has not
allowed fences to encroach from the side yard to the front and he cannot vote for
this.
Councilmember Nakamura asked Mr. Cooper why the driveway was not on the
west side of the house since that would have solved the problem. Mr. Cooper
explained if the driveway had been placed on the west side, there would be no
backyard.
Mayor Pro Tem Lindamood and Councilmember Dodson stated the regulations
were very specific and they will not vote to approve the fence.
Councilmember Rigney asked Mr. Cooper if the homeowners would consider a
vegetation screening.
Mayor Newton opened the public hearing at 8:40 p.m.
Kathy Hadley, 204 Timberline Drive North, suggested using shrubs. There were no
others wishing to speak and Mayor Newton closed the public hearing at 8:40 p.m.
Mr. Cooper asked the City Council to please reconsider their decision.
This was a first reading, therefore, City Council did not take action.
5b Ordinance O-20-2123
Request to appeal the decision of the Planning and Zoning Commission
for consideration of a Special Use Permit for a fence to extend into the
required street side yard on Lot 1, Block 8, Creekside at Colleyville,
Phase 3, located at 3501 LeJoie Lane, Case ZC20-010
Mayor Newton read the caption of Ordinance O-20-2123.
City Council Minutes July 7, 2020
City of Colleyville Page 9
Principal Planner Jackie Reyff presented this item stating the applicant is
requesting a Special Use Permit to allow for a five foot iron rod fence to be located
five feet from the corner street side property line which is within the street side
yard of the property.
Planner Reyff explained the building permit was issued for the construction of a
new home in August of 2019 and the fence permit was applied for in April 2020
and was denied. The applicant was informed the Land Development Code had
been amended by the City Council in August 2019 (Ordinance O-19-2088) and
therefore the request by the applicant is not allowed unless approved with an SUP.
Cheryl Turner, 5835 Shoreside Bend, Irving, the applicant and President of
MainVue Homes, Texas Division, advised the City Council they had not been aware
of the change to the LDC until applying for the fence permit. Ms. Turner stated
only 10-percent of the lots are left and up until this time, when the lots were being
sold and homes designed, MainVue has always represented to homeowners they
may determine the type and placement of a fence. She also noted with 89-
percent of the development being built out, the precedence for the fence has
already been established and in the case before them tonight, this request seeks
to tie into an existing fence on the connecting property. Ms. Turner stated she will
be bringing forward additional requests for fencing within the development in the
future.
Mayor Newton asked Ms. Turner if the other fence case before them on this
agenda was also hers. Ms. Turner stated the next item will be presented by her
colleague Zack Schneider, with Tradition Homes, who is a development partner
with MainVue and of the 81 lots MainVue develops, Tradition Homes owns 39 of
the lots.
Mayor Newton stated he is very tough on variances, there has to be a good reason
for the variance, and he and City Council are concerned allowing this SUP would
set the wrong precedence for the standards they have established for Colleyville.
Mayor Newton noted this development is a PUD which is usually very restrictive,
and he does not know why this one does not carry some of those restrictions. He
stated he understands why the variance would be asked for as the other homes
have a fence, however, it does violate the Land Development Code.
Ms. Turner noted Creekside is a more urban feel development with private streets
which is 89-percent built, and the community has allowed the fences. She feels
the last 10-percent of the properties will be at a disadvantage if they are not
allowed the fence as well and the fence is not contrary to the other homeowners
within the development.
Mayor Pro Tem Lindamood asked Ms. Turner how many lots are left and how many
are corner lots. She responded there are 22 starts left and provided an exhibit
showing there are nine corner lots, including those belonging to Tradition Homes.
City Council Minutes July 7, 2020
City of Colleyville Page 10
At this time, Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney,
Tradition Homes, joined Ms. Turner at the podium to assist in answering
Councilmember Wheat’s question regarding the number of homes which are not
sold on the properties within the development which MainVue and Tradition Homes
will seek variances for.
Mayor Newton opened the public hearing at 9:04 p.m.
Kathy Hadley, 204 Timberline Drive North, spoke in opposition to urban fencing.
Mark Cooper, 2804 Lake Brook Court, Highland Village, stated the restriction is
unusual and he was curious what instituted the change.
Mayor Newton stated Colleyville is not any other city, we have very, very high
standards, that one of the critical success factors for Colleyville, and I find over
time it is very hard work to uphold those standards as elected officials, because
you don’t want to tell people no for the things they want to do, but it is
fundamentally important to keeping the quality and uniqueness of Colleyville.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 9:07 p.m.
This was a first reading, therefore, City Council did not take action.
5c Ordinance O-20-2124
Request to appeal the decision of the Planning and Zoning Commission
for consideration of a Special Use Permit for a fence to extend into the
required street side yard on Lots 9 & 10, Block 8, Creekside at
Colleyville, Phase 3, located at 3609 LeJoie Lane and 3608 Valmur
Avenue, Case ZC20-011
Mayor Newton read the caption of Ordinance O-20-2124.
Principal Planner Jackie Reyff presented this item stating this request was different
from the previous as the applicant is requesting approval of an SUP to allow for an
eight foot pre-sealed cedar fence above an existing retaining wall located within
the corner street side yard setback for both properties which is approximately 10
feet from the property line.
Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney, Tradition
Homes, the applicant, stated there are seven corner lots within Creekside which
have a side yard and retaining walls for which they will be requesting fences, thus
making those lots more unique. Mr. Schneider noted the retaining walls have
sleeves where the fence is supposed to be located. He noted the fences are and
will be requested for safety and maintenance. Mr. Schneider noted the request is
City Council Minutes July 7, 2020
City of Colleyville Page 11
really to place the fence where the fence was designed to go and work well with
the City.
Mayor Newton noted the Council did allow a fence on a retaining wall in another
neighborhood for safety reasons, and this may also be the case with this fence,
however, he has not reviewed all the lots in detail as of yet.
There was discussion on the location of the retaining wall, fence, and sidewalk,
and the code regarding elevation, retaining walls and engineered walls.
Mayor Newton opened the public hearing at 9:24 p.m. There were no one present
wishing to speak and Mayor Newton closed the public hearing at 9:25 p.m.
This was a first reading, therefore, City Council did not take action.
5d Ordinance O-20-2125
Consideration of amendments to Chapter 1, Section 1.17 of the Land
Development Code, specifically for the permitting of expiration of vested
project rights
Mayor Newton read the caption of Ordinance O-20-2125.
Principal Planner Jackie Reyff presented this item stating the City Attorney
recommends a development expiration ordinance which would provide for placing
an expiration on a permit if progress is not made toward completion of the project
in a specified time. Planner Reyff reviewed the definitions, expirations for
development projects and permits, individual permits and when a new permit
application would be required.
City Attorney Whitt Wyatt stated state law provides for cities to adopt dormancy
provisions and this is procedural in nature.
Mayor Newton stated this would provide for individual permits to expire if nothing
had been done within two years of the permit being issued and five years on
projects as a whole. Attorney Wyatt concurred this was the most basic
explanation.
There was general discussion on the types of permits and projects and how they
would be considered. Mayor Newton asked where the five year period came from
and Attorney Wyatt stated state law.
Mayor Newton opened the public hearing at 9:33 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 9:33 p.m.
City Council Minutes July 7, 2020
City of Colleyville Page 12
Ordinances O-20-2111 and O-20-2112 remained tabled. City Manager Jerry
Ducay stated staff has met with the applicant and has another meeting planned,
and believes the ordinances will come before the City Council soon.
6. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
6a 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
6b 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
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-20-4515
Approving a resolution amending Resolution R-20-4464 by approving
the revised City of Colleyville City Hall Polling Place Electioneering
Regulations and Electioneering Designation Map
Mayor Newton read Resolution R-20-4515 in its entirety.
City Secretary Christine Loven presented this item, highlighting the changes to the
electioneering regulations and map.
Mayor Newton opened the public hearing at 10:02 p.m.
Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this item, feeling
there is too much government and not enough common sense.
There were no others present wishing to speak and Mayor Newton closed the
public hearing.
Councilmember Dodson made a motion to approve Resolution R-20-4515,
seconded by Councilmember Kelley.
The motion to approve carried by the following vote:
Ayes: 4 –Mayor Pro Tem Lindamood, and Councilmembers Dodson, Kelley,
and Rigney
Nays: 3 – Mayor Newton, Councilmembers Nakamura and Wheat
City Council Minutes July 7, 2020
City of Colleyville Page 13
8. CITIZEN COMMENTS
Kathy Hadley, 204 Timberline Drive North, stated Colleyville has the best staff and
Council, all are accessible, knowledgeable, and kind. She would like the
roundabout at Jackson and Glade Roads to appear softer and more natural. Mrs.
Hadley stated she will ask about property lines which she needs some assistance
with and again thanked the Mayor and City Council for all their hard work.
9. REPORTS
Planning and Zoning Commission Minutes - May 11, 2020
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
JULY 7, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-
4516
This resolution was not needed.
11. ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the meeting without objection by the City Council at 10:08 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 21ST DAY OF JULY 2020.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary