HomeMy WebLinkAboutCity Council-Minutes-08/04/2020
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, August 4, 2020
COLLEYVILLE BUSINESS CENTER RIBBON CUTTING
5601 COLLEYVILLE BOULEVARD
4:00 P.M.
WORKSESSION - 5:00 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of fee discounts for recreational programming/instructors for 2020
WS-2 Presentation of the 2020 certified tax roll
WS-3 Presentation of the Proposed FY 2021 Budget
WS-4 Discussion of the Drainage Utility System Rate Study
WS-5 Update on the Enterprise Fleet Management program
WS-6 Discussion regarding amending the Land Development Code pool/home
business regulations
WS-7 Discussion of the August 4, 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 for the Roberts Road Project
City Council Agenda August 4, 2020
City of Colleyville Page 2
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
INVOCATION: Afsaneh Hamraee, Colleyville Baha’i Community
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-20-4520
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Proclamation in recognition of Professional Engineers Day, August 5, 2020
- Mayor Richard Newton and Austin Baird, PE – President, Texas Society of
Professional Engineers, Fort Worth Chapter; Caren Chambers, PE -
President, and members Katie McCarty, PE and Ryan Dufour, PE, Texas
Society of Professional Engineers, DFW Mid-Cities Chapter
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4521
4a Approval of a Construction Services Agreement with HQS Construction,
LLC, for the John McCain Hike & Bike Trail Project, in an amount not to
exceed $748,199.50, and authorizing the City Manager to execute the
agreement
4b Approval of an Advance Funding Agreement for a Congestion Mitigation
and Air Quality Improvement funding for the reconstruction of the
Glade Road at Bluebonnet Drive Intersection, and authorizing the City
Manager to execute the agreement
4c Approval of an Advance Funding Agreement for Bridge Replacement or
Rehabilitation off the State System funding for the reconstruction of
the Jackson Drive bridge over Little Bear Creek, and authorizing the
City Manager to execute the agreement
City Council Agenda August 4, 2020
City of Colleyville Page 3
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-20-2126
Approval of the Fiscal Year 2021 Colleyville Crime Control and
Prevention District budget
6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
6a Ordinance O-20-2127
Consideration for a Special Use Permit for a day care center on Lots 9R
and 10R, Block 1, of the Winding Creek Addition, located at 6412 and
6416 Colleyville Boulevard, Case ZC20-0015
6b Ordinance O-20-2128
Consideration of an amendment to the PUD-C Planned Unit
Development-Commercial district for the Winding Creek development,
specifically for hours of operation on Lots 9R and 10R, Block 1, of the
Winding Creek Addition, located at 6412 and 6416 Colleyville
Boulevard, Case ZC20-012
6c Ordinance O-20-2129
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 7, Creekside at Colleyville,
Phase 3, located at 3501 Valmur Avenue, Case ZC20-013
6d Ordinance O-20-2130
Consideration of a Special Use Permit for a fence to extend into the
required street side yard on Lot 54, Block 5, Creekside at Colleyville,
Phase 3, located at 3913 Lambrusco Lane, Case ZC20-014
6e Ordinance O-20-2131
Consideration of a Special Use Permit for a fence to extend into the
require street side yard on Lot 3, Block 7, Creekside at Colleyville,
located at 3509 Valmur Avenue, Case ZC20-016
6f Ordinance O-20-2132
Consideration of amendments to Chapter 2, Section 2.5 Definitions,
Chapter 3, Section 3.24.B Schedule of Permitted Principal Uses, and
Chapter 3, Section 3.24.C Special Land Use Standards of the Land
Development Code, specifically for the inclusion of Massage Therapy as
a land use and for regulations associated with a Massage Therapy use
City Council Agenda August 4, 2020
City of Colleyville Page 4
7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
7a 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
7b 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
8. RESOLUTION(S): READING AND PUBLIC HEARING
8a Resolution R-20-4522
Approval of a proposal to set the ad valorem tax rate for Fiscal Year
2021 at $0.310644 per hundred dollars of valuation
9. CITIZEN COMMENTS
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
AUGUST 4, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-
20-4523
11. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, July 31,
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, August 4, 2020 City Council Chambers
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, August 4, 2020, at 5:00 p.m.
ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney.
ABSENT: Mayor Pro Tem Bobby Lindamood
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Community
Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Parks
and Recreation Director Lisa Escobedo, Finance Director Kyle Lester, City Attorney
Whitt Wyatt, and City Secretary Christine Loven.
WS-1 Discussion of fee discounts for recreational programming/instructors for
2020
Parks and Recreation Director Lisa Escobedo presented this item noting the City
Council directed staff to assess the recreation instructors, classes and programs
impacted by the pandemic, and to analyze the possibility of impacted recreation
programs since June. Programs scheduled March through May which were
cancelled due to Governor Abbott's mandate and/or restrictions were analyzed
and an assessment presented which provided the costs if a 10% discount was
provided to all instructors through the rest of Fiscal Year 2020.
Councilmember Nakamura stated she feels strongly in providing the funding to
instructors and sees it as a continuity of business activity and no different than
the programs initiated by the City to help local businesses.
There was discussion regarding the effect on the budget and funds which could be
used to provide this assessment.
City Council directed staff to provide a one-time discount to all instructors for the
March-September 2020 time frame and utilize TIF or CARES funds.
WS-2 Presentation of the 2020 certified tax roll
Finance Director Kyle Lester presented the 2020 certified tax roll to be levied on
October 1, 2020 (Fiscal Year 2020), in the amount of $5,457,024,089. Director
Lester explained the total excludes the value of properties currently under appeal
to the Appraisal Review Board, incomplete appraisals, and in process accounts,
City Council Minutes August 4, 2020
City of Colleyville Page 2
which total $5,882,659,265 in projected assessed valuation. Included in the total
are new construction values of $72,877,040 which represents a total increase of
0.7% over the current year's valuation of $5,839,829,017.
There was discussion regarding tax freezes, new construction, the no new
revenue rate and voter approval tax rate.
Director Lester stated there is a resolution on tonight’s agenda to set the ad
valorem tax rate for Fiscal Year 2021 at $0.310644 per hundred dollars of
valuation, which is the no new revenue tax rate.
Mayor Newton suggested that the resolution be modified to state that the tax rate
approved in September would be no higher than the no new revenue tax rate and
could be lower.
WS-3 Presentation of the Proposed FY 2021 Budget
Finance Director Kyle Lester presented this item, noting this is the culmination of
months of work by staff and City Council. Director Lester reviewed property
values and the proposed no new tax revenue rate, and proposed revenues and
expenditures by fund. He reviewed the previous budget accomplishments of
adapting processes to sustain a leaner staffing model, absorption of health
insurance cost increases with savings from eliminated positions, continued
operations efficiencies to absorb operating cost increases, and better aligning
capital expenditures with capital funds. Director Lester stated for 2021, there will
be a more efficient use of restricted revenue for operations.
He then reviewed all funds, many of the proposed 2021 projects, and concluded
by reviewing the calendar dates the budget and tax adoption ordinances will come
before the City Council.
There was discussion regarding the Tarrant Appraisal District calculations, slower
new growth, effect of the pandemic, and planning for a transfer to the Capital
fund.
WS-4 Discussion of the Drainage Utility System Rate Study
Public Works Director Ray Silva-Reyes presented a background of this project and
introduced Sol Stigall, Principal with Westra Consultants, the City’s consultant for
the study. Mr. Stigall gave a background and purpose of a drainage fee noting
fees provide a revenue source to fund capital stormwater projects needed to
provide for adequate drainage and protect property from flooding, for operation
and maintenance of the existing drainage systems, and to pay for federally
mandated requirements of the Clean Water Act and the Texas Commission on
Environmental Quality (TCEQ) stormwater permit.
City Council Minutes August 4, 2020
City of Colleyville Page 3
The presentation focused on three options which include maintaining a flat fee,
creating a fee whereby all non-residential properties pay the same rate per an
established equivalent residential unit, and residential properties pay based on a
range of impervious areas, and a fee so all properties pay the same rate per
square foot of impervious area. Mr. Stigall provided a strategy whereby all non-
residential properties pay the same rate per an established ERU (equivalent
residential unit) and residential properties pay based on a range of impervious
areas (4 tiers).
There was discussion regarding the options and the strategy, ERU’s, ability to
incentivize open space, and communication and implementation strategies.
Mayor Newton stated there needs to be another worksession which allows
dedicated time to be given to the discussion and asked Mr. Stigall to work with
staff regarding a strategy and future meeting date.
WS-5 Update on the Enterprise Fleet Management program
Due to time restraints, this item was moved to September 1.
WS-6 Discussion regarding amending the Land Development Code pool/home
business regulations
Due to time restraints, this item was moved to September 1.
WS-7 Discussion of the August 4, 2020, City Council regular agenda items
Mayor Newton stated the two tabled ordinances will remain tabled.
Mayor Newton adjourned the Worksession at 6:35 p.m.
Mayor Newton called Executive Session to order at 6:35 p.m. and called the roll.
ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney.
ABSENT: Mayor Pro Tem Bobby Lindamood
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:
City Council Minutes August 4, 2020
City of Colleyville Page 4
• 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 for the Roberts Road Project
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 7:18 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:32 p.m.
ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura,
Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney.
ABSENT: Mayor Pro Tem Bobby Lindamood
INVOCATION: Afsaneh Hamraee, Colleyville Baha'I Community
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-20-4520
Mayor Newton read Resolution R-20-4520 in its entirety.
Public Works Director Ray Silva-Reyes presented this item stating this provides
for the purchase of right-of-way at 5008 Roberts Road.
There were no questions and Mayor Newton opened the public hearing at 7:38
p.m. There was no one present wishing to speak and Mayor Newton closed the
public hearing at 7:39 p.m.
City Council Minutes August 4, 2020
City of Colleyville Page 5
Councilmember Nakamura made a motion to approve Resolution R-20-
4520, seconded by Councilmember Rigney.
The motion to approve carried by the following vote:
Ayes: 6 – Mayor Newton, and Councilmembers Nakamura, Wheat,
Dodson, Kelley, and Rigney
Absent: 1 - Mayor Pro Tem Lindamood
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of Professional Engineers Day, August 5, 2020 -
Mayor Richard Newton and Austin Baird, PE – President, Texas Society of
Professional Engineers, Fort Worth Chapter; Caren Chambers, PE - President,
and members Katie McCarty, PE and Ryan Dufour, PE, Texas Society of
Professional Engineers, DFW Mid-Cities Chapter
Mayor Newton, PE, welcomed Austin Baird, PE – President, Texas Society of
Professional Engineers, Fort Worth Chapter; Katie McCarty, PE and Ryan Dufour,
PE, Texas Society of Professional Engineers, DFW Mid-Cities Chapter, and City of
Colleyville Professional Engineers Larry Wright, Nathan Frohman, and Daniel
Eshue and presented them with a proclamation in recognition of Professional
Engineers Day.
Mayor Newton and the Councilmembers made the following announcements:
West Nile Positive Test Results: Last week Tarrant County informed us that we
had three mosquito samples test positive for West Nile Virus. We also had two
people in Colleyville test positive for West Nile. Tarrant County Medical Director
has issued a Public Health Warning concerning West Nile and are in Phase III of
the response plan. In addition to fogging the areas, the city will undertake an
aggressive information campaign to remind residents to take precautions and use
insect repellent when outside. In addition to the social media outreach, this
information went out via Code Red Message to 2889 phones, 300 emails, 481 text
messages, and 3 TDD messages.
COVID-19 Update: At the monthly Tarrant County Mayor’s Council last night,
the County Medical Director gave an update on the status of COVID. He reported
that and I quote: “hospital cases are trending down and positivity rate is trending
down”. Earlier today Colleyville staff calculated the number of positive active
cases Colleyville reports daily. That number is the result of a simple 14-day roll
off calculation. As the medical professionals and CDC have regularly reported,
City Council Minutes August 4, 2020
City of Colleyville Page 6
COVID-19 quarantine periods should last 14 days. We have applied that 14-day
period to all reported positive cases. Thus, after 14 days we remove the case
from our daily positive active case report. Today we have 32 active cases (175 –
143 = 32). The case continues to be counted as part of the cumulative positives
going back to early March (totaling 172) while those outside the 14 day
quarantine are considered no longer a threat worthy of the “positive” label.
Tarrant County suggests our current case count is 61 (175-114). They use a 28
day roll off. This longer term is, according to county officials, based on the longest
COVID-19 patient they have experienced in the County since the pandemic
begin. Others across the state have adopted a measure that applies an 80%
recovery rate to the first 14 days and 20% to the next 14 days. Regardless of the
measure, the data assessment is sound. Counting and reported cumulative
positives as a current threat is wrong. Individuals who were sick and have
recovered months ago provide little benefit to those seeking to understand the
contagion threat present today.
While the debate rages around us, it is important we stick to the data while
exercising common sense. Hospital bed availability remains strong in Tarrant
County at 35% of total hospital capacity, 10% of hospital bed capacity is being
used for COVID patients and 55% is being used for all other medical reasons.
Ventilator availability is at 69% of total capacity. Most importantly, Colleyville has
no COVID-related deaths. Finally, I continue to champion the wearing of masks in
public when social distancing is not feasible.
I have said multiple times that Colleyville is blessed with exceptional people.
Thank each of you for your part in keeping our community safe.
Economic Development Program Update: The C-POP program (Colleyville
Professional One-Minute Promos) continues to be popular with 30 businesses
already signed up to participate. This FREE program is available to all businesses
within the Colleyville city limits and pairs our talented video production staff with
small businesses to produce one-minute promotional videos. Participants will also
receive a $1,000 cash grant upon video-completion to spend on advertising to
promote their new video. For more information, please contact Ronni Orr at 817-
503-1113.
Distinguished Budget Award Received, Again: The City of Colleyville has,
once again, been awarded the Distinguished Budget Presentation Award from
Government Finance Officers Association (GFOA) for the current fiscal year. This
award is the highest form of recognition in governmental budgeting. Its
attainment represents a significant achievement by our organization.
Congratulations to our Finance team, and the exceptional leadership of Mark
City Council Minutes August 4, 2020
City of Colleyville Page 7
Wood in achieving this award! With Kyle Lester now at the helm, I have no doubt
we will continue to be recognized next year.
Fire Department Secures Radio Grant: In the ongoing pursuit of grant funds,
the Fire Department leadership applied for $40,000 in COG funding (NCTCOG
Traffic Management Grant) to secure additional radios for our firefighters. The
grant related to traffic mitigation and safety. Our staff worked to connect our
need to equip our newly hired firefighters (SAFER Grant) with this funding
opportunity. The grant application emphasized regional partnerships and
interoperability across the region. Present for recognition was Captain Daniel Tori
and Captain Scott Gill who submitted the grant application on behalf of our
department.
Email Challenges Corrective Action: IT staff has worked with engineers at
Google on the ongoing challenges regarding city-generated emails going to
recipient’s spam folder. That process identified encryption validation code that
related to a previous provider. This reference created validation problems with
email. Staff has initiated changes to our email validation and encryption tools. We
believe this will correct the problem. We will continue review of the system
performance to validate corrective action.
Chamber of Commerce Update:
Golf Outing Update: Mark your calendars. The annual Chamber of Commerce
golf outing is scheduled for September 21 at the Texas Star Golf Course.
Virtual Luncheon: The next Colleyville Chamber of Commerce will hold a virtual
luncheon Thursday (8/6), from 11:30 am to 1pm via Zoom. Lunch is provided by
Loveria, if desired. Lunches will be picked up for persons at City Hall requesting
lunch. All others would need to pick up their lunch at the Chamber office (5601
Colleyville Blvd) at 11:00 am. The meeting topic will be COVID-19: Changing Life
as We Know It. The speaker will be Anne Chow, CEO of AT&T Business. For all
events and activities, please call the Chamber office at 817.488.7148.
Train Horn Activity Likely to Increase: TEXRail has notified the city that work
is set to begin on the construction of a new fence along the railroad ROW running
through Colleyville. This activity may lead to an increase in horn activity as the
crews will be working near the tracks. Additional railroad flaggers will utilized to
enhance safety and expedite the work. It is anticipated that the work could go on
for up to three weeks.
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4521
City Council Minutes August 4, 2020
City of Colleyville Page 8
4a Approval of a Construction Services Agreement with HQS Construction,
LLC, for the John McCain Hike & Bike Trail Project, in an amount not to
exceed $748,199.50, and authorizing the City Manager to execute the
agreement
4b Approval of an Advance Funding Agreement for Congestion Mitigation
and Air Quality Improvement funding for the reconstruction of the Glade
Road at Bluebonnet Drive Intersection, and authorizing the City Manager
to execute the agreement
4c Approval of an Advance Funding Agreement for Bridge Replacement or
Rehabilitation off the State System funding for the reconstruction of the
Jackson Drive bridge over Little Bear Creek, and authorizing the City
Manager to execute the agreement
Mayor Newton read Resolution R-20-4521 in its entirety.
Public Works Director Ray Silva-Reyes presented all the items and answered
questions of the City Council.
Regarding item 4a, Councilmember Dodson stated it appears approximately 56
trees will be removed, however, many are wild trees. Director Silva-Reyes agreed
but stated everyone will be cautious and diligent to limit the number of trees
removed, but when this is done the trail will connect to the Cotton Belt from
McPherson Park.
There were no questions regarding item 4b.
Regarding item 4c, Councilmember Dodson asked Director Silva-Reyes if the road
is being raised. Director Silva-Reyes stated the road will be raised to remove it
from the 50 year flood plan. Councilmember Dodson stated he would like it
raised out of the 100 year flood plan.
Mayor Newton opened the public hearing at 8:24 p.m.
Kathy Hadley, 204 Timberline Drive North, spoke with concern for the pedestrian
crossing along the trail at Bransford and LD Lockett, as not being in favor of the
Bluebonnet intersection being lowered, and concern for the wildlife along the
Jackson Drive Bridge.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 8:31 p.m.
Councilmember Dodson made a motion to approve Resolution R-20-4521,
seconded by Councilmember Kelley.
City Council Minutes August 4, 2020
City of Colleyville Page 9
The motion to approve carried by the following vote:
Ayes: 6 – Mayor Newton, and Councilmembers Nakamura, Wheat,
Dodson, Kelley, and Rigney
Absent: 1 - Mayor Pro Tem Lindamood
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-20-2126
Approval of the Fiscal Year 2021 Colleyville Crime Control and
Prevention District budget
Mayor Newton read the caption of Ordinance O-20-2126.
Police Chief Michael Miller reviewed the history of the CCCPD and noted in the
2020 budget, the fund was able to cover the cost of a new Sergeant position and
vehicle, a part-time Accreditation Coordinator position, training funding for
Leadership Development and for De-Escalation / Crisis Intervention Training;
Investigative platform and an Early Warning System / Internal Affairs
Management System software and new CAD/RMS System.
Chief Miller reviewed the FY2021 budget noting the proposed budget continues
the ongoing initiatives to include funding of salary and benefits for 12 sworn
officers, two part-time Public Service Officers, CRIMES software and maintenance,
participation in Teen Court, funding all police vehicles, weapons replacement, and
continued training in a variety of areas.
Councilmember Dodson asked Chief Miller to explain the early warning system.
Chief Miller stated this program is a process to detect officer stress and response
to the job and is a safety mechanism for the officer and department, and is
required for CALEA certification.
Mayor Newton stated he appreciates Chief Miller’s briefing and hopes citizens hear
and compliment the Chief and the Department.
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 8.46 p.m.
Councilmember Rigney made a motion to approve Ordinance O-20-2126,
seconded by Councilmember Kelley.
The motion to approve carried by the following vote:
Ayes: 6 – Mayor Newton, and Councilmembers Nakamura, Wheat,
Dodson, Kelley, and Rigney
City Council Minutes August 4, 2020
City of Colleyville Page 10
Absent: 1 - Mayor Pro Tem Lindamood
6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
6a Ordinance O-20-2127
Consideration for a Special Use Permit for a day care center on Lots 9R
and 10R, Block 1, of the Winding Creek Addition, located at 6412 and
6416 Colleyville Boulevard, Case ZC20-0015
Mayor Newton read the caption of Ordinance O-20-2127.
Community Development Director Ben Bryner presented this item stating it is a
request for a Special Use Permit (SUP) to allow for a Day Care Center at 6412 and
6416 Colleyville Boulevard. Director Bryner noted the property is zoned PUD-C
Planned Unit Development - Commercial district and a Day Care Center is only
allowed in the office and commercial districts with the approval of an SUP.
Director Bryner said the applicant has provided revised plans which shows the
building location to be shifted to the west with a setback from the property line of
25 feet. The playgrounds previously located behind the building to the west are
now located on the east side, or front, of the building. The previous tree
preservation plan indicated nine trees being removed. Due to the shifting of the
building, two additional trees are proposed to be removed for a total of 11 trees.
A photometric plan has been included with the current proposal which indicates
the planned development would be in compliance with the PUD-C Ordinance in
that the foot candles at the property lines do not exceed 0.5 foot candles.
Director Bryner noted the Planning and Zoning Commission recommended
approval by a vote of 4-2 with the recommendation speed limit signs be placed on
the property and the applicant work with the surrounding property owners to
resolve any drainage issues. Director Bryner also noted there is a companion
ordinance on this agenda if this item is approved, to provide for the business
hours to be 6:30 a.m. to 6:30 p.m. Monday through Friday.
There was general discussion regarding foot candle requirements, the elevations
of the front of the building and appearance of the building front with the
playgrounds moved to the front, screening, location to residential property, and
the drainage plan.
Applicant Stephen Brown, Buttry & Brown Development, LLC, 5801 Tennyson
Parkway, Suite 150, Plano, provided a presentation and answered questions of
the City Council which included the drainage plan, staffing and attendance, site
plan changes, playground locations, size, materials, fencing, use by age, and time
of use, parking, drop off and pick up patterns, and building materials.
City Council Minutes August 4, 2020
City of Colleyville Page 11
Mayor Newton opened the public hearing at 9:39 p.m.
Susan Reynolds, 6417 Kingston, spoke in opposition to this item with concerns for
noise from the children on the playground, height of the building, traffic, tree
types and trees to be removed, and dumpster location.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 9:50 p.m.
This was a first reading, therefore, the City Council did not take action.
Mayor Newton called a recess at 9:50 p.m. and reconvened at 10:02 p.m.
6b Ordinance O-20-2128
Consideration of an amendment to the PUD-C Planned Unit
Development-Commercial district for the Winding Creek development,
specifically for hours of operation on Lots 9R and 10R, Block 1, of the
Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard,
Case ZC20-012
Mayor Newton read the caption of Ordinance O-20-2128.
Community Development Director Ben Bryner noted this request is based on
approval of the previous ordinance and seeks to allow the business hours to be
6:30 a.m. through 6:30 p.m. Monday through Friday.
There were no questions.
Mayor Newton opened the public hearing at 10:04 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 10:04 p.m.
This was a first reading, therefore, the City Council did not take action.
6c Ordinance O-20-2129
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 7, Creekside at Colleyville,
Phase 3, located at 3501 Valmur Avenue, Case ZC20-013
Mayor Newton read the caption of Ordinance O-20-2129.
Community Development Director Ben Bryner presented this item stating the
request is for approval of an SUP to allow for a 5 foot iron rod fence to be located
approximately five feet from the corner street side property line which is within
the street side yard of the property.
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City of Colleyville Page 12
Councilmember Dodson asked if this property has a retaining wall. Director
Bryner stated no, not this one.
Mayor Newton stated there has been a lot of discussion regarding fencing in this
subdivision and as he has stated before, he cannot find any rationale to approve
the request.
Applicant Cheryl Turner, MainVue Homes, 5835 Shoreside Bend, Irving, stated the
house is inside the build line and this proposal allows a landscape buffer, an
aesthetic appeal to the street side of Valmur.
Mayor Newton and Councilmember Dodson stated they disagree with the need for
the fence. Mayor Newton stated he drove through the neighborhood and still
cannot agree with the need for the request. Councilmember Dodson agreed.
Councilmember Kelley asked Ms. Turner what is on the back side of the property
and she responded, a patio. City Manager Ducay stated it would be logical to build
a fence to buffer the patio at the build line that is allowed by current ordinance.
Mayor Newton opened the public hearing at 10:20 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 10:20 p.m.
This was a first reading, therefore, the City Council did not take action.
6d Ordinance O-20-2130
Consideration of a Special Use Permit for a fence to extend into the
required street side yard on Lot 54, Block 5, Creekside at Colleyville,
Phase 3, located at 3913 Lambrusco Lane, Case ZC20-014
Mayor Newton read the caption of Ordinance O-20-2130.
Community Development Director Ben Bryner presented this item noting the
request is for approval of a request for a Special Use Permit (SUP) for a five foot
iron rod fence to encroach into the street side yard setback for a corner lot.
Applicant Cheryl Turner, MainVue Homes, 5835 Shoreside Bend, Irving, stated the
planned fence would be wrought iron along the side of the house and tie into the
existing masonry fence to finish out the appearance, while leaving the trees
outside the wrought iron fence. City Manager Ducay stated it would make sense
to turn allow the fence be extended along the side of the house up to the back of
the house and then turn toward the house. Ms. Turner stated they will take the
wrought iron fence to the existing wall, however, the backyard extension is the
most important.
There was discussion of the current wall, location of the sidewalk, and the
distance to the back of the house.
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City of Colleyville Page 13
Mayor Newton asked Ms. Turner if there was an HOA. Ms. Turner replied yes, the
HOA is currently under the control of the builders and is charged with maintaining
the entry and side yard of the development.
Mayor Newton opened the public hearing at 10:40 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 10:40 p.m.
This was a first reading, therefore, the City Council did not take action.
6e Ordinance O-20-2131
Consideration of a Special Use Permit for a fence to extend into the
require street side yard on Lot 3, Block 7, Creekside at Colleyville,
located at 3509 Valmur Avenue, Case ZC20-016
Mayor Newton read the caption of Ordinance O-21-2131.
Community Development Director Ben Bryner presented this item stating the
homeowner is seeking approval of a Special Use Permit (SUP) for a six foot wood
fence to be placed on a retaining wall and encroach into the street side yard
setback for his corner lot.
Applicant Amish Patel, 3509 Valmur Avenue, stated he is asking to be allowed to
move the fence to the retaining wall because his fence is six inches off the patio
and he cannot use his patio or backyard for an outside kitchen to grill.
There was discussion regarding the size and location of backyard, patio, fence
material, and location of the fence.
Mayor Newton stated ordinances have been adopted to provide for consistency
and he is concerned if they allowed this wooden fence, which is not allowed,
others will also want an exception and he cannot find any reason to allow it.
Mayor Newton opened the public hearing at 10:59 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 10:59 p.m.
This was a first reading, therefore, the City Council did not take action.
6f Ordinance O-20-2132
Consideration of amendments to Chapter 2, Section 2.5 Definitions,
Chapter 3, Section 3.24.B Schedule of Permitted Principal Uses, and
Chapter 3, Section 3.24.C Special Land Use Standards of the Land
Development Code, specifically for the inclusion of Massage Therapy as a
land use and for regulations associated with a Massage Therapy use
Mayor Newton read the caption of Ordinance O-20-2132.
City Council Minutes August 4, 2020
City of Colleyville Page 14
Community Development Director Ben Bryner presented this item stating staff
has attempted to identify possible improvements and to increase quality
standards related to development and business within the City limits. Director
Bryner noted the City has seen an increase in massage therapy operations and
wants to insure appropriate quality standards are being met. Some of the
potential issues which were identified and which the recommended changes
address include: continual change in ownership; change/expansion of use as
originally identified with the Certificate of Occupancy request; and non-
compliance with building code and sign code regulations.
Director Bryner reviewed the proposed changes including new definitions,
identifying the use within the Schedule of Permitted Principal Uses chart, and new
regulations specific to massage therapy uses. He stated the proposal is for a land
use classification of Massage Therapy (Licensed and Unlicensed) within the
Schedule of Permitted Principal Uses chart and requires a Special Use Permit
approval to be allowed only within the CC-1, CC-2, and CC-3 zoning districts with
each use being required to be a minimum of 300 feet from another massage
therapy establishment, with some specific exceptions.
There was discussion of distance, types of businesses utilizing massage therapy,
the SUP process, and the definitions.
Councilmember Wheat stated she understands the need to provide direction and
regulation, however, she feels the proposed changes are too arduous at a time
when legitimate businesses are already suffering.
Mayor Newton agreed the City needs to manage the process, but he too, does not
want to damage legitimate businesses. City Manager Ducay stated an existing
non-conforming clause could be added.
Mayor Newton opened the public hearing at 11:22 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 11:22 p.m.
This was a first reading, therefore, the City Council did not take action.
7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
Ordinances O-20-2111 and Ordinance O-20-2112 remained tabled.
7a 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
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City of Colleyville Page 15
7b 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
8. RESOLUTION(S): READING AND PUBLIC HEARING
8a Resolution R-20-4522
Approval of a proposal to set the ad valorem tax rate for Fiscal Year
2021 at $0.310644 per hundred dollars of valuation
Mayor Newton read Resolution R-20-4522 in its entirety.
Finance Director Kyle Lester presented this item and stated the proposed rate is
the no-new-revenue tax rate, and is the first formal step toward adopting the
2021 budget. Director Lester stated the Truth in Taxation laws require the City to
inform the citizens of the proposed FY 2021 tax rate, and the intention to
adopt the tax rate of $.310644 per hundred dollars of valuation, utilizing the July
2020 certified tax roll as the basis for the proposed tax rate. He noted there are
still outstanding questions of TAD which he will continue to pursue, however,
formal City Council action stating the proposed FY 2021 tax rate is required in
order to have the information necessary to publish the Notice of 2021 Tax Year
Proposed Property Tax Rate, as required by Section 140.010 of the Local
Government Code.
Director Lester noted this resolution does not adopt a tax, but it does set a
maximum rate, which will allow a lower rate, but not a higher rate. He explained
the no-new-tax revenue tax rate allows the City Council to lower the tax rate to
offset the increasing property values determined by TAD, in order to collect the
same amount of revenue as the prior year, excluding new growth.
Mayor Newton stated in view of having additional questions of TAD, he would like
the last whereas statement removed from the proposed resolution and add, “or
less” in the resolution caption, following “rates at $0.310644”, and Section 1 be
amended to read, “adopt a tax rate for Fiscal Year 2021 no greater than
$0.310644 per one hundred dollars of valuation, which is the no new tax rate for
2020-2021.”
Mayor Newton opened the public hearing at 11:35 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 11:35 p.m.
Councilmember Wheat made a motion to approve Resolution R-20-4522,
with amendments as stated by Mayor Newton, seconded by
Councilmember Nakamura.
City Council Minutes August 4, 2020
City of Colleyville Page 16
The motion to approve Resolution R-20-4522 carried by the following
vote:
Ayes: 6 – Mayor Newton, and Councilmembers Nakamura, Wheat,
Dodson, Kelley, and Rigney
Absent: 1 - Mayor Pro Tem Lindamood
9. CITIZEN COMMENTS
There was no one present wishing to speak.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
AUGUST 4, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-
20-4523
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 11:36 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 18TH DAY OF AUGUST
2020.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary