HomeMy WebLinkAboutCity Council-Minutes-10/20/2020
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, October 20, 2020
WORKSESSION
5:00 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of a holiday gift card economic development program
WS-2 Update on SH26 Beautification Project - Gateway elements
WS-3 Update on preliminary design for trail connecting Nature Center to
Sparger Park
WS-4 Glade Road / Riverwalk Roundabout Landscape Design
WS-5 Discussion of the October 20, 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 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 Agenda October 20, 2020
City of Colleyville Page 2
INVOCATION
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-20-4541
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
In recognition of the City of Colleyville being an International Economic
Development Council Silver Award recipient for our To-Go Gift Card Program
under the “Resiliency, Recovery and Mitigation” category for communities
with a population 25,000 - 200,000
Mothers Against Drunk Driving (MADD) 2020 MADD North Texas Salute Our
Heroes awards in recognition of Police Officers Elias Olivarez and Jessica
Mackey - Mayor Richard Newton and Police Chief Michael Miller
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4542
4a Approval of the minutes of the regular City Council meeting of October
6, 2020
4b Approval of an Interlocal Agreement and funding for the Metroport Teen
Court Program
4c Approval of a Construction Services Agreement with Winters and White,
LLC, for the FY 2021 Miscellaneous Pavement Markings Contract, in an
amount not to exceed $150,000.00, and authorizing the City Manager
to execute the agreement
4d Approval of a Construction Services Agreement with GRod Construction,
LLC, for the FY 2021 Miscellaneous Concrete Repair Contract, in an
amount not to exceed $400,000.00, and authorizing the City Manager
to execute the agreement
4e Approval of a Contractor Services Agreement with Smith Lawn and
Tree, LLC, for the FY 2021 Tree Trimming Contract, in an amount not to
exceed $75,000.00, and authorizing the City Manager to execute the
agreement
City Council Agenda October 20, 2020
City of Colleyville Page 3
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - September 2020
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-20-2139
Consideration of a zoning change request from the AG Agricultural to R-
40 Single Family Residential district on Lot 7, Mrs. Eva Paul’s
Subdivision, located at 1101 Tinker Road, Case ZC20-017
6b Ordinance O-20-2140
Consideration of a Special Use Permit for a fence to extend into the
required street side yard on Lot 4, Block 6, Creekside at Colleyville,
Phase 3, located at 4000 Campania Court, Case ZC20-018
6c Ordinance O-20-2141
Consideration of a Special Use Permit for a fence to extend into the
required street side yard on Lot 4, Block 7, Creekside at Colleyville,
Phase 3, located at 3508 Cheval Blanc, Case ZC20-020
6d Ordinance O-20-2142
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 9, Creekside at Colleyville,
Phase 3, located at 3501 Alsace Avenue, Case ZC20-019
6e Ordinance O-20-2143
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 18, Block 9, Creekside at Colleyville,
Phase 3, located at 3500 Lejoie Lane, Case ZC20-021
7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
7a 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 ZC20-015
7b 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
City Council Agenda October 20, 2020
City of Colleyville Page 4
8.CITIZEN COMMENTS
9.REPORTS
Library Board Minutes - August 10, 2020
Planning and Zoning Commission Minutes - September 14, 2020
Planning and Zoning Commission Minutes - September 28, 2020
10.ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR - READING
AND PUBLIC HEARING - RESOLUTION R-20-4543
11.ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, October
16, 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, October 20, 2020 COUNCIL CHAMBERS
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, October 20, 2020, at 5:00 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, City Manager’s Office Intern Dakari Hill,
Police Chief Michael Miller, Fire Chief Mark Cantrell, 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.
Mayor Newton stated the City Secretary was closing up voting and Assistant City
Secretary Keera Seiger was taking the roll and her last day with the City will be
Thursday, October 22, 2020, as she is going to the City of Mansfield.
WS-1 Discussion of a holiday gift card economic development program
Assistant City Manager Adrienne Lothery presented this item. She recapped the
previous programs and noted the City’s sales tax is up, but it is not at the benefit
of local business, it is due to on-line shopping. She noted during the pandemic
with the two gift cards, not all businesses were open, therefore, this program is
designed to assist local small businesses.
Manager Lothery stated the funding for this program would come from the Tax
Increment Finance District (TIF), stating there is an economic development
category within the TIF, and this money is not funded from the property tax
generated general fund.
Mayor Pro Tem Lindamood suggested if a card was used at a big box store, it
would have a specified cash value, but if the card was used in a small,
independently owned business, the value could be increased by $10 in an effort to
assist the small businesses.
There was discussion on how such a plan could be implemented and bring value to
all businesses fairly and not complicate the distribution and reimbursement
process.
City Council Minutes October 20, 2020
City of Colleyville Page 2
The City Council would like to move forward with a $35 card to be mailed to
citizens and a $50 card to be distributed by local churches and City Hall to assist
with purchasing necessities such as food. It was not decided how to distinguish
between different types of businesses.
Manager Lothery introduced Dakari Hill who is an intern in the City Manager’s
Office. Intern Hill stated his focus is to assist in future economic development
planning. He will be undertaking personally visiting the 430 businesses in
Colleyville and taking a survey of their needs to collect data and develop a plan.
WS-2 Update on SH26 Beautification Project - Gateway elements
Assistant City Manager Adrienne Lothery provided an overview of the process to
this point and stated the objective with this update is to show the City Council
what has been refined in the construction details and seek City Council input and
approval before going out to bid. Manager Lothery then turned the briefing over to
David Newman, MESA Design Group.
Mr. Newman reviewed each of the gateways and discussed the refinements which
included tower heights, lantern scale, way finding signage, alignment of stone,
elevations, and amenities. Throughout the review Mr. Newman answered
questions of the City Council. There was discussion regarding the distance
between the blocks on the towers, seating, water fountains, adjustments at the
Pastoral gateway due to the property acquisition and its planned uses, and
location of way finding signage.
Manager Lothery and Mr. Newman reviewed the bid process, contingency, and
budget for each gateway.
WS-3 Update on preliminary design for trail connecting Nature Center to
Sparger Park
Public Works Director Ray Silva-Reyes reviewed the strategies, funding, grant
process, and preliminary design for the trail which will connect the Nature Center
to Sparger Park.
There was discussion of phasing the project based on available funding, parking
and access along the trail, trail width, flooding near Sparger Park, and the ability
to locate people along the trail.
WS-4 Glade Road / Riverwalk Roundabout Landscape Design
Assistant City Manager Adrienne Lothery presented the updated landscape and
sculpture design for the Glade Road / Riverwalk Drive roundabout. There was
discussion on the size and height of the roundabout and sculptures. City Council
City Council Minutes October 20, 2020
City of Colleyville Page 3
directed staff to provide renderings with the roundabout being raised, with larger
sculptures, and/ or increasing the number of sculptures.
WS-5 Discussion of the October 20, 2020 City Council regular agenda items
Mayor Newton stated items 7a and 7b will remain tabled, however, the items are
expected to come forward at the November 2, 2020 City Council Meeting.
Mayor Newton explained the two presentations will be made in conjunction with
the announcements.
Mayor Newton adjourned the worksession at 6:34 p.m. and called the Executive
Session to order.
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 SH26
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business
prospects the City seeks to have locate, stay, or expand in the City and with
which the City is conducting economic development negotiations; deliberate
the offer of a financial or other incentive to a business prospect
Mayor Newton stated there would be no decisions made or action taken during this
time. Executive Session was adjourned at 7:05 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:31 p.m.
City Council Minutes October 20, 2020
City of Colleyville Page 4
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
INVOCATION: Paul Daniels, Colleyville Covenant Church
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
Mayor Newton welcomed everyone and announced 7a and 7b would not be
removed from the table during this meeting.
Mayor Newton also recognized City Engineer Larry Wright for providing the carved
pumpkins which adorned the Council Chambers for the meeting. Mayor Newton
explained City Hall and the Colleyville Public Library are featuring Larry’s artistry
with a weekly rotation of lighted, hand-carved foam pumpkins which are on
display on the second floor of the library and in the foyer display case. Visitors to
the Library are able to enjoy many of Larry’s creations, which began as a family
hobby almost 25 years ago.
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4541
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
In recognition of the City of Colleyville being an International
Economic Development Council Silver Award recipient for our To-Go
Gift Card Program under the “Resiliency, Recovery and Mitigation”
category for communities with a population 25,000 - 200,000
During the announcements section, Mayor Newton explained the award and asked
the City Council to join him in accepting the award.
Mothers Against Drunk Driving (MADD) 2020 MADD North Texas
Salute Our Heroes awards in recognition of Police Officer Elias
Olivarez and Officer Jessica Mackey - Mayor Richard Newton and
Police Chief Michael Miller
During the announcements portion Mayor Newton, Mayor Pro Tem Lindamood and
Police Chief Miller called Officers Olivarez and Mackey forward to be recognized for
their efforts in keeping Colleyville safe and for being recognized by MADD.
City Council Minutes October 20, 2020
City of Colleyville Page 5
The Mayor and City Council made the following announcements and participated in
the presentations:
COVID Update: Utilizing the 14-day roll off calculation, Colleyville currently has
89 active positive COVID cases. County hospital bed capacity remains consistent
at 29% availability. 459, or 9%, of the County’s hospital beds are being utilized by
COVID patients. Ventilator capacity also remains strong with 73% availability.
Colleyville continues to have zero deaths. For more details please watch my
weekly video distributed in Colleyville e-News Friday and posted on the Colleyville
Facebook page.
International Economic Development Council Award: It is with great
excitement that I share the news that Colleyville has won (yet another) award for
an economic development program. We have been chosen by the International
Economic Development Council as a Silver Award recipient for our To-Go Gift Card
Program under the “Resiliency, Recovery and Mitigation” category for communities
with a population 25,000 - 200,000.
According to the IEDC website, “this category includes submissions for programs,
activities, and projects that represent a successful recovery initiative from natural
and man-made disasters, as well as submissions that represent replicable
measures undertaken to promote long term resiliency and/or sustainability from
future disasters. Examples include strategies that account for ups and downs in
economic and trade conditions, projects that incorporate standards and practices
to address the potential of disasters common to the particular area, or projects
that begin to celebrate successes of recovery from disasters.”
This is the 4th economic development related award the city has received over the
last year. The award was recognized during the 2020 IEDC Annual Conference last
week. Congratulations to the residents of Colleyville! This is yet another
recognition of the exceptional nature of our community.
Police Department Personnel Receive Awards: Mothers Against Drunk Driving
(MADD) recently announced their 2020 MADD North Texas Salute Our Heroes
awards. Officer Elias Olivarez was awarded the Enforcement Hero Award for his
20 DWI arrests last year. He also took the time to encourage and assist new
officers with their DWI investigations, resulting in an increase in both the
confidence and ability of new officers.
Officer Jessica Mackey was awarded the Commitment Hero Award for having
the 2nd most DWI arrests in the agency and due to her significant contribution to
DWI training and education. She made a consistent effort to locate and address
any DWI concerns reported. Officer Mackey assisted in the training of new officers
in 2019 working directly with the Field Training Coordinator to ensure our newest
employees were prepared to deal with alcohol related offenses.
City Council Minutes October 20, 2020
City of Colleyville Page 6
Congratulations Officer Olivarez and Officer Mackey! Their efforts and commitment
to reducing alcohol related deaths and injuries in our community is appreciated.
Sales Tax Continues Positive Trend: The Texas Comptroller’s Office has posted
the most recent sales tax allocation information for September, representing all
receipts from purchases made in August of this year. I am happy to report that we
saw an 11% increase over receipts the same time last year. For the fiscal year,
sales tax receipts are up 8.4% overall over last year. Most importantly, with one
month left in the fiscal year, we project our total year-end budget surplus at
potentially more than $700,000. This is a credit to our residents who continue to
shop Colleyville and our business owners who provide exceptional goods and
services.
Colleyville Gives Grant Application Process Now Open: It is time for the City
of Colleyville's annual #ColleyvilleGives advertising grant program! This seasonal
program is designed to assist Colleyville businesses with their 4th quarter
advertising and marketing efforts by providing advertising grants.
Consistent with last year, this promotion provides $1,000 in grant money for an
advertising campaign during the busy holiday months. Businesses who wish to
make a $500 donation to an area non-profit will receive an additional $1,000 in
grant money. To apply, submit a completed and signed application to the City
Manager's Office by emailing Christine Johnson at cjohnson@colleyville.com.
Applications can be emailed to you or downloaded from the city website. If you
have questions about this promotion, please call 817.503.1111.
Early Voting Underway: The Colleyville Library will host early voting through
October 30th. All voters residing in Tarrant County may vote at any one of the 340
Tarrant County Vote Centers. To find the location where you wish to vote, go to
tarrantcounty.com. Early Voting and Election Day by Personal Appearance will
continue through 10/30 at 7 PM. Days and Hours are as follows:
This week (through Friday), 8:00 am - 5:00 pm
Oct. 24 (Sat.), 7:00 am - 7:00 pm
Oct. 25 (Sun.), 11:00 am - 4:00 pm
Oct. 26-30 (Mon.-Fri.), 7:00 am - 7:00 pm
Election Day - November 3-In person - 7:00 am - 7:00 pm
For additional information access the Tarrant County Elections Administration
website or call Tarrant County Elections Administration at 817.831.8683.
Fire Department Adds Ventilators to City Ambulances: As part of our
ongoing effort to enhance services provided to our residents, the Fire Department
recently added ventilators to our ambulances. This week, the Fire Department
published a video introducing new ventilator equipment added to our department
City Council Minutes October 20, 2020
City of Colleyville Page 7
ambulances. This equipment will provide for enhanced care for patients during
transportation to the hospital. The department has released a video regarding the
ventilators which can be seen at:
https://www.facebook.com/ColleyvilleFireDepartment/videos/700759327519794
Thank you to our first responders who are consistently looking for ways to improve
the service provided to our residents. They are community heroes!
Roundabout Art At McDonwell School Road Acknowledges Colleyville
Equestrian Past: If you have the chance, drive by the recently completed
roundabout at McDonwell School Road and Westcoat. The median work is now
complete featuring an equestrian theme paying homage to Colleyville open
pastures and agricultural past.
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-
4542
4a Approval of the minutes of the regular City Council meeting of October
6, 2020
4b Approval of an Interlocal Agreement and funding for the Metroport
Teen Court Program
4c Approval of a Construction Services Agreement with Winters and White,
LLC, for the FY 2021 Miscellaneous Pavement Markings Contract, in an
amount not to exceed $150,000.00, and authorizing the City Manager
to execute the agreement
4d Approval of a Construction Services Agreement with GRod
Construction, LLC, for the FY 2021 Miscellaneous Concrete Repair
Contract, in an amount not to exceed $400,000.00, and authorizing the
City Manager to execute the agreement
4e Approval of a Contractor Services Agreement with Smith Lawn and
Tree, LLC, for the FY 2021 Tree Trimming Contract, in an amount not to
exceed $75,000.00, and authorizing the City Manager to execute the
agreement
Mayor Newton read Resolution R-20-4542 in its entirety.
Finance Director Kyle Lester presented item 4b. Councilmember Dodson asked for
clarification of the funding sources for the program. Director Lester clarified
$2,250 dollars will be paid from the court security budget line item.
Public Works Director Ray Silva-Reyes presented items 4c, 4d, and 4e and
answered questions of the City Council.
City Council Minutes October 20, 2020
City of Colleyville Page 8
Councilmember Dodson asked Director Silva-Reyes, if under item 4c, the City was
going to pay the $290,545 bid by the contractor. Director Silva-Reyes explained
this contract is for the $150,000 only, however, the estimated quantities in the bid
documents were for the purpose of choosing a bidder. City Manager Jerry Ducay
further clarified this is how the City is securing quality bids, by bidding in quantity
and allowing renewals on the contract. Councilmember Dodson stated he thought
this was a good idea and he is impressed with the process.
Regarding 4d, City Manager Ducay suggested reducing the quantity so bidders can
better judge their pricing and availability. Director Silva-Reyes noted the City
does narrow the scope during the bid meetings. Mayor Pro Tem Lindamood stated
contractors are familiar with the quantity bidding process and he was glad GRod
was chosen because his research indicates they are a better company.
Regarding item 4e Mayor Pro Tem Lindamood and Councilmember Nakamura
stated they have heard good things about Smith Lawn and Tree and have seen
their work.
Mayor Newton opened the public hearing at 8:18 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:18 p.m.
Councilmember Nakamura made a motion to approve Resolution R-20-
4542, seconded by Councilmember Rigney.
The motion to approve passed with the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, Rigney.
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - September 2020
Finance Director Kyle Lester presented the September financial report. He stated
through September, the General Fund has collected 100% of its budgeted revenue
net of CARES funding, and spent 96% of its budgeted costs. Director Lester noted
despite obvious economic pressures from the pandemic, this has been a strong
year for City with the General Fund continuing to post a higher surplus than
anticipated, with one more month of sales tax revenue to be received. If the $1.4
million received from the CARES Act, which offset salary and benefit costs for
public safety employees were factored out, the surplus falls to approximately $1.3
million.
Director Lester reviewed each account, but noted sales tax revenue is up 8.5%
over last year which equals $700,000. In regard to property taxes, he advised the
City Council Minutes October 20, 2020
City of Colleyville Page 9
majority of the City’s property taxes are collected from December through March,
although the highest receipt months are December and January, however, as of
this report, $15.19 million has been collected, which is all of the budgeted revenue
for this stream and represents a 2.5% increase over FY19. Director Lester stated
any increases in property tax revenue over FY19 is solely due to properties that
have been newly developed or substantially redeveloped, and therefore were
previously untaxed or taxed at a much lower value in FY19.
The Utility Fund has collected 93% of its budgeted revenue and spent 82% of its
budgeted expenditures, leaving the surplus of $1.9 million which is stronger than
last September, and includes the true-up from the Trinity River Authority of
$430,000. The Drainage Utility Fund has received 106% of its budgeted revenue
and spent 85% of its budgeted expenditures with the fund's cash flow tracking
better than expected, with close to a $360,000 surplus showing to date.
Mayor Pro Tem Lindamood reminded everyone the FY21 tax rate is lower than the
no new tax rate, due in large part to everyone, staff and City Council working hard
and projecting conservatively.
Councilmember Nakamura stated the City’s property tax is only $0.14 per every
property tax dollar citizens spend for their overall property taxes. The remaining
being school and county property taxes with the largest portion being school.
Councilmember Dodson stated reflecting the City’s utility costs separately better
reflects the policies put in place.
Mayor Newton agreed with the remarks from Mayor Pro Tem Lindamood and
Councilmembers and stated we have put the right system in place to drive
efficiencies City wide, and the strategies are working perfectly.
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-20-2139
Consideration of a zoning change request from the AG Agricultural to
R-40 Single Family Residential district on Lot 7, Mrs. Eva Paul’s
Subdivision, located at 1101 Tinker Road, Case ZC20-017
Mayor Newton read the caption of Ordinance O-20-2139.
Community Development Director Ben Bryner presented this item to rezone from
the AG Agricultural district to the R-40 Single Family Residential district to allow
for construction of a new single-family residential dwelling in the future. Director
Bryner stated the Planning and Zoning Commission and staff recommend
approval.
City Council Minutes October 20, 2020
City of Colleyville Page 10
Mayor Newton stated this was a straight-forward zoning case and there were no
questions.
Mayor Newton opened the public hearing at 8:31 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:31 p.m.
Councilmember Kelley made a motion to approve Ordinance O-20-2139,
seconded by Councilmember Dodson.
The motion to approve passed with the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, Rigney.
6b Ordinance O-20-2140
Consideration of a Special Use Permit for a fence to extend into the
required street side yard on Lot 4, Block 6, Creekside at Colleyville,
Phase 3, located at 4000 Campania Court, Case ZC20-018
Mayor Newton read the caption of Ordinance O-20-2140.
Community Development Director Ben Bryner presented this item for a Special
Use Permit (SUP) for a five foot wrought iron fence above an existing retaining
wall to encroach into the street side yard setback. He noted staff recommends
denial as it does not meet the technical requirements of the Land Development
Code however, the Planning and Zoning Commission recommended approval with
the condition the fence stop at the front building line.
There was discussion regarding safety issues, requiring the fence be wrought iron,
and where the fence should end. Mayor Newton stated the wall height had been
discussed at the previous meeting, as was ending the fence at the front build line.
Mayor Newton opened the public hearing at 8:39 p.m.
Applicant Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney,
Tradition Homes, thanked Mayor Newton and the City Council for the consideration
and stated he believes everyone is on the same page with this request due to the
safety issue of the lot being located below the retaining wall. Mr. Schneider said
he will take the Council’s recommendation on the return location of the wall but he
would like to come up to the front build line. Mr. Schneider also noted the next
three items are his requests as well, and he wished to reiterate to City Council he
is trying to make the best decisions based on the three pillars of safety, continuity
of the neighborhood, and aesthetics. Mr. Schneider brought attention to Ordinance
O-20-2124 which the City Council approved in July 2020, relative to the fencing at
3609 LeJoie Lane and 3608 Valmur, which is also within Creekside at Colleyville.
City Council Minutes October 20, 2020
City of Colleyville Page 11
He stated he believes the Ordinance will assist in providing direction regarding this
and the following items.
Mayor Newton told Mr. Schneider the Council has made clear all of the reasons for
the Council decisions in each case and for the Council to grant a variance there
must be a legitimate reason. Those reasons were made clear in all previous cases.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 8:41 p.m.
There was further discussion regarding the front property line.
Councilmember Dodson made a motion to approve Ordinance O-20-2140
with the following amendment to Section 3, 1b: The fence location shall
be approximately 10 feet from the street side property line and shall be
setback no less than 10 feet back from the front of the home, seconded by
Councilmember Nakamura.
The motion to approve as amended passed with the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, Rigney.
6c Ordinance O-20-2141
Consideration of a Special Use Permit for a fence to extend into the
required street side yard on Lot 4, Block 7, Creekside at Colleyville,
Phase 3, located at 3508 Cheval Blanc, Case ZC20-020
Mayor Newton read the caption of Ordinance O-20-2141.
Community Development Director Ben Bryner presented this item for a request for
a Special Use Permit (SUP) for a five foot wrought iron fence above an existing
retaining wall to encroach into the street side yard setback for a corner lot. He
noted staff recommends denial as it does not meet the technical requirements of
the Land Development Code however, the Planning and Zoning Commission
recommended approval of up to a 6-foot height wrought iron fence to match the
adjacent lot and provide for connection to the back corner of the house.
Mayor Newton stated this request is consistent with a previously approved
request. Councilmember Wheat clarified this request would provide for consistency
in look and allowance of the neighboring home.
Mayor Newton opened the public hearing at 8:54 p.m.
Applicant Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney,
Tradition Homes, stated he is willing to match the neighbors fence for consistency
City Council Minutes October 20, 2020
City of Colleyville Page 12
and will increase the fence height from five to six foot, but asked for leniency
when returning the fence to the back of the home, and he be allowed to use the
pre-drilled holes in the retaining wall.
Mayor Newton asked Mr. Schneider if there is a sleeve at about one foot from the
wall. There were discussions regarding the closest sleeve in the wall and its
location. Following discussion, Mr. Schneider and the Mayor and City Council
members agreed to use the measure of 16’, plus or minus 1 foot for the
measurement on the wall and back of the home.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 8:58 p.m.
City Manager Jerry Ducay discussed the Ordinance amendment language, to which
Council agreed.
Councilmember Rigney made a motion to approve Ordinance O-20-2141
with the following amendment to Section 3, 1b: The fence location shall
be approximately 10 feet from the street side property line and tied into
(connected to) the back corner of the home with 2 foot tolerance to utilize
existing fence post sleeve but by no means beyond 17’ from the rear lot
line, seconded by Councilmember Nakamura.
The motion to approve as amended passed with the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, Rigney.
6d Ordinance O-20-2142
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 9, Creekside at Colleyville,
Phase 3, located at 3501 Alsace Avenue, Case ZC20-019
Mayor Newton read the caption of Ordinance O-20-2142.
Community Development Director Ben Bryner presented this item and stated a
super majority vote is required because the Planning and Zoning Commission
denied the request. Director Bryner stated the request for a Special Use Permit
(SUP) for a five foot wrought iron fence above an existing retaining wall to
encroach into the street side yard setback for a corner lot. He noted staff
recommends denial as it does not meet the technical requirements of the Land
Development Code, and the Planning and Zoning Commission recommended
denial by a 4-3 vote.
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City of Colleyville Page 13
Mayor Newton discussed the back wall height and noted the section of the wall
where a fence is not allowed by ordinance is a safety hazard for the lot behind this
one and he would like to discuss this lot and the lot in the next item together.
Mayor Newton said to resolve the safety issue, he believes there is need to be
consistent which means there needs to be a fence on top of the back wall, to make
it safe and we have done that, so there is no other reason to extend down the side
property line to beyond the rear build line of either lot.
Councilmember Wheat asked Mayor Newton if the proposal is a wrought iron fence
on the back retaining wall, coming down the side retaining wall, to the back of the
house. Mayor Newton stated yes, and he is fine with both lots having it. Mayor
Newton stated once the safety issue on the back wall was addressed, the problem
is the walls are offset and he does not know how else to make it look aesthetically
reasonable.
Mayor Pro Tem Lindamood clarified the back wall fence will be wrought iron, not
wood.
Mayor Newton opened the public hearing at 9:05 p.m.
Applicant Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney,
Tradition Homes, stated the wall does sit below the lot line and for this reason he
believes, for the record, there is a safety hazard. He further requested a fence be
allowed at no more than 10 feet from the home and mirrors Ordinance O-20-2124.
Mayor Newton stated, for the record, he does not believe there is a safety issue
and disagrees with Mr. Schneider.
There was further discussion regarding wall height, previous direction given by the
City Council and the language of Ordinance O-20-2124.
Mayor Pro Tem Lindamood stated he feels the City Council has worked well with
the applicant and agrees with the Mayor. Councilmember Wheat said she is
completely okay with the Mayor’s proposal, but the wall being three to four feet
makes her less comfortable.
There were further discussions regarding the wall height, and changing the lot.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 9:23 p.m.
Councilmember Kelley made a motion to approve Ordinance O-20-2142
with the following amendment to Section 3, 1b: The fence location shall
be approximately 10 feet from the street side property line and tied into
(connected to) the back corner of the home, and Section 3, 1c: No fence
shall extend across the rear lot into the street side yard setback unless
such fence is of an open wrought iron material for the property at 3500
City Council Minutes October 20, 2020
City of Colleyville Page 14
LeJoie Lane. A fence across the rear lot side yard setback is required as a
condition of any fence permit issued under this special ordinance,
seconded by Mayor Pro Tem Lindamood.
The motion to approve as amended passed with the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, Rigney.
6e Ordinance O-20-2143
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 18, Block 9, Creekside at Colleyville,
Phase 3, located at 3500 Lejoie Lane, Case ZC20-021
Mayor Newton read the caption of Ordinance O-20-2143.
Community Development Director Ben Bryner presented this item and stated a
super majority vote is required because the Planning and Zoning Commission
denied the request. Director Bryner stated the request for a Special Use Permit
(SUP) for a five foot wrought iron fence above an existing retaining wall to
encroach into the street side yard setback for a corner lot. He noted staff
recommends denial as it does not meet the technical requirements of the Land
Development Code, and the Planning and Zoning Commission recommended
denial by a 4-3 vote.
Due to the discussion on the previous item, there were no additional questions.
Mayor Newton opened the public hearing at 9:26 p.m.
Applicant Zach Schneider, 8751 Collin McKinney Pkwy Suite 402, McKinney,
Tradition Homes, thanked Mayor Newton and the City Council for their
consideration and candid conversation on all of the items which he worked on.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 9:28 p.m.
Councilmember Wheat made a motion to approve Ordinance O-20-214w
with the following amendment to Section 3, 1b: The fence location shall
be approximately 10 feet from the street side property line and tied into
(connected to) the back corner of the home, and Section 3, 1c: No fence
shall extend across the rear lot into the street side yard setback unless
such fence is of an open wrought iron material for the property at 3500
LeJoie Lane. A fence across the rear lot side yard setback is required as a
condition of any fence permit issued under this special ordinance,
seconded by Councilmember Rigney.
City Council Minutes October 20, 2020
City of Colleyville Page 15
The motion to approve as amended passed with the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, Rigney.
7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING
Items 7a and 7b remained tabled
7a 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 ZC20-015
7b 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
8. CITIZEN COMMENTS
Kathy Hadley, 204 Timberline Drive North, suggested a decorative item be added
to the top of the towers as she thinks they are too plain. She also inquired if there
is parking planned along each of the gateways, and asked if some of the old
signage (Colleyville markers) could be saved.
Mrs. Hadley suggested placing a statue of a horse in the roundabout at Glade and
Riverwalk because Colleyville is a horse community.
Mrs. Hadley thanked whomever was responsible for seeing to it the curbs on
Bedford Road have been painted, making it much easier to see. She closed by
thanking the City Council for all they do for the City.
9. REPORTS
Library Board Minutes - August 10, 2020
Planning and Zoning Commission Minutes - September 14, 2020
Planning and Zoning Commission Minutes - September 28, 2020
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR - READING
AND PUBLIC HEARING - RESOLUTION R-20-4543
City Council Minutes October 20, 2020
City of Colleyville Page 16
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 9:40 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 2ND DAY OF NOVEMBER
2020.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary