HomeMy WebLinkAboutCity Council-Minutes-10/19/2021
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 19, 2021
WORKSESSION
5:00 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Update on the Senior Center Renovation design
WS-2 Presentation on the Draft Water, Wastewater, and Roadway Impact Fee
Update Study
WS-3 Discussion of the Tinker Road improvement project
WS-4 Discussion of the criteria for Heroes Park nominations
WS-5 Discussion of the October 19, 2021, 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 CHAMBERS
City Council Agenda October 19, 2021
City of Colleyville Page 2
INVOCATION: Pastor Paul Daniels, Colleyville Covenant 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-21-4660
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Presentation by Mary Louise Nicholson, Tarrant County Clerk, to the
City of Colleyville and the Colleyville Library of the Tarrant County
2020 Coronavirus Pandemic history book - Mayor Richard Newton
and Library Director Mary Rodne
Presentation to Colleyville Police Department Life Saving Awards -
Mayor Richard Newton
In recognition of the Colleyville Police Department receiving two
International Association of Chiefs of Police Awards
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21-
4661
4a Approval of the minutes of the regular City Council meeting of
October 4, 2021
4b Approval of the first one-year renewal term for the Tree Trimming
Contractor Services Agreement with Smith Lawn and Tree, LLC, in an
amount not to exceed $75,000.00, and authorize the City Manager
to execute the agreement
4c Approval of the first one-year renewal term for the City’s current
Miscellaneous Concrete Contractor Services Agreement with GRod
Construction, LLC, in an amount not to exceed $400,000.00, and
authorizing the City Manager to execute the agreement
4d Approval of the third one-year renewal term for the City’s current
Janitorial Services Contractor Services Agreement with Oriental
Building Services, Inc., in an amount not to exceed $134,041.00,
and authorizing the City Manager to execute the agreement
4e Approval of an Interlocal Agreement and funding for the Metroport
Teen Court Program
4f Approval of the sale of property, seized items, found items, obsolete,
and non-serviceable equipment
City Council Agenda October 19, 2021
City of Colleyville Page 3
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - September 2021
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-21-2174
Consideration of an amendment to the PUD-R Planned Unit
Development-Residential district, specifically to amend the
regulations for garage door building materials, for Lots 1-12, Block 1,
The Villas at Windsor Steele, located at 5101-5145 Roberts Road,
Case ZC21-018
6b Ordinance O-21-2175
Request to appeal the decision by the Planning and Zoning
Commission for the consideration of a Special Use Permit for a
Massage Therapy use on Lot 7R1A, Block 2, Andy Felps Addition,
located at 4209 Colleyville Boulevard, Suite C, Case ZC21-019
6c Ordinance O-21-2176
Consideration of a zoning change from R-20 Single Family
Residential and RE Single Family 'Estate' Residential zoning districts
to R-40 Single Family Residential zoning district for Lot 2R, Block 1,
Mockingbird Hill Addition, located at 6250 Pool Road, Case ZC21-020
6d Ordinance O-21-2177
Consideration of a Special Use Permit for an Accessory Dwelling on
Lot 2R, Block 1, Mockingbird Hill Addition, located at 6250 Pool Road,
Case ZC21-021
6e Ordinance O-21-2178
Consideration of an amendment to the PUD-C Planned Unit
Development-Commercial district, specifically to allow for
showrooms, to include a Hot Tub and Sauna Showroom, as a
permitted use, for Lot 1, Block 1, Metrovest Addition, located at 6100
Colleyville Boulevard, Suite 100, Case ZC21-023
6f Ordinance O-21-2179
Amending Chapters 18 and 46 of the Code of Ordinances by adopting
the 2018 editions of certain International Codes published by the
International Code Council and adopting the 2020 edition of the
National Electric Code
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-21-4662
Appointing the adhoc General Fund Capital Improvement Project Fee
Advisory Committee
City Council Agenda October 19, 2021
City of Colleyville Page 4
8. CITIZEN COMMENTS
9. REPORTS
Planning and Zoning Commission Minutes - September 13, 2021
Planning and Zoning Commission Worksession Minutes - September 27,
2021
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR
TUESDAY, OCTOBER 19, 2021 - READING AND PUBLIC HEARING -
RESOLUTION R-21-4663
11. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin board Friday,
October 15, 2021 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 19, 2021
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, October 19, 2021, 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, Parks and Recreation Director Lisa
Escobedo, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community
Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, City
Attorney Whitt Wyatt, and City Secretary Christine Loven.
WS-1 Update on the Senior Center Renovation design
Parks and Recreation Director Lisa Escobedo stated this is an opportunity for the
design team of Barker, Rinker, Seacat to review the final designs of the Senior
Center renovation. She then introduced Kevin Armstrong, Project Manager, and
Melissa King, Design Manager.
Mr. Armstrong provided a quick overview of the budget and timeline and stated
the project is on budget. Ms. King presented the demolition, building program
drawings, and reviewed the color palettes. City Council chose the cream palette
with the lighter stone.
There was discussion regarding the back windows and how much the Council liked
them. City Manager Ducay asked if glass doors could be added at the back for
access to future enhancements at the back. There was also a discussion of adding
signage to the front.
Director Escobedo stated the project will take nine months and during that time,
the regular programing will be conducted at the Library and Colleyville Center.
The Mayor and City Council thanked Mr. Armstrong and Ms. King for the work and
stated they were pleased with all the elements.
WS-2 Presentation on the Draft Water, Wastewater, and Roadway Impact Fee
Update Study
Public Works Director Ray Silva-Reyes reviewed the history and the Texas
Government Code requirements for this item and brought forth the
City Council Minutes October 19, 2021
City of Colleyville Page 2
recommendation of the Capital Improvement Advisory Committee. He then
introduced the consulting staff present from Kimley-Horn: April Escamillia, PE, Civil
Engineer, John Atkins, Project Manager, and Jeff Whitacre, VP.
Ms. Escamillia presented the results of the impact fee study conducted by Kimley-
Horn and explained the theory, data, and assumptions used when conducting the
study.
There was discussion regarding the service areas, percentage of commercial
versus residential, and what factors are used in the calculation. Councilmember
Dodson questioned the assumptions and methods used to arrive at the results.
The Council discussed this and agreed they didn’t understand all of the results
presented and requested Kimley-Horn provide the City with the data used, clarity
on assumptions, and more background information.
The City Council also requested Kimley-Horn review the Highway 26 corridor,
especially the land purchased by the City to insure it was taken into account
properly in the commercial computations, and also the property belonging to
Trinity Broadcasting as an example of how the residential computations were
done. Kimley-Horn was asked to report back to the City Council regarding the data
and whether there needs to be adjustments.
WS-3 Discussion of the Tinker Road improvement project
Public Works Director Ray Silva-Reyes provided the sidewalk update to the Tinker
Road project. City Council directed staff to proceed with a five-foot sidewalk on the
north side of Tinker Road. Councilmember Nakamura stated the residents along
Tinker would prefer the north sidewalk.
WS-4 Discussion of the criteria for Heroes Park nominations
Mayor Newton gave a history of Heroes Park and distributed the existing process
and current criteria for consideration for Heroes Park nominations. Mayor Newton
said he is working on updating the criteria and process for nominations and
selection. Mayor Newton will bring these recommendations back to City Council for
review and consideration.
WS-5 Discussion of the October 19, 2021, City Council regular agenda items
Mayor Newton noted there were several second reading ordinances on the agenda
and discussed the appointments to be made by resolution to the ad General Fund
CIP Fee Advisory Committee.
Mayor Newton adjourned the worksession at 6:32 p.m. and called the Executive
Session to order.
City Council Minutes October 19, 2021
City of Colleyville Page 3
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
There was no action taken and Mayor Newton adjourned Executive Session at 7:10
p.m.
Mayor Newton called the regular meeting of the City Council to order at 7:30 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.
INVOCATION: Pastor Paul Daniels, Colleyville Covenant 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-21-4660
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
The Mayor and City Council made the following announcements:
City Council Minutes October 19, 2021
City of Colleyville Page 4
COVID-19 Update – Colleyville has 171 active positive cases. Tarrant County
beds occupied by COVID patients is 12%, and the 9-county TSA-E region COVID
hospitalization is 10.86%. Tarrant County bed availability is 11%, and ventilator
availability is 56%. Adult ICU bed availability in Tarrant County is 4%. While the
Tarrant County Health community spread level remains level at “high”, it is clear
the epidemic curve is clearly on the decline (case counts trending downward).
Sales Tax Positive Trend Continues – The Texas Comptroller’s Office has
posted the most recent sales tax allocation information for October, representing
all receipts from purchases made in August of this year.
The most recent collection came in at 11% over August of FY20, putting YTD
growth at 13.8%. In terms of dollars, this represents a total YTD gain of
$1,025,000 over last year. Audit collections were minimal this month, meaning
most of our gain is from current collections, which are reflective of actual
transactions made in August as opposed to administrative adjustments made by
the State Comptroller. This is great news!
Through August of this year, the City has received a total of $8,432,229 in sales
tax. As mentioned before, this is over one million dollars more than we’ve received
through the same month in FY20.
It also bears noting that this month marks the seventeenth consecutive month in
which Colleyville has posted sales tax gains over the previous year. With only one
month left in the fiscal year, we are set to likely gain over $1.1 million in sales tax
dollars across the City. This will factor heavily in the ability to absorb cost
increases in the General, CEDC, and CCCPD funds for FY23.
#ColleyvilleGives Grant Application Process Open to Assist Businesses –
The City of Colleyville's annual #ColleyvilleGives advertising grant program is
back! This seasonal program is designed to assist Colleyville businesses with their
fourth quarter advertising and marketing efforts by providing advertising grants.
Consistent with years past, 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.
Christmas Trees Just Around the Corner – The City of Colleyville's Annual
community Decorated Tree Display is back for another year! This is an annual
tradition in Colleyville where community groups are invited to add some extra
Christmas cheer and sparkle by decorating a tree for all to enjoy! Applications are
City Council Minutes October 19, 2021
City of Colleyville Page 5
available online at www.colleyville.com/christmas and the application deadline is
Monday, November 1.
Fire Department Offers Vaccinations/Boosters – The Colleyville Fire
Department continues to provide vaccinations for those interested. The
department has all three vaccines available. Department personnel have begun
communication with patients previously vaccinated by the department to schedule
booster appointments. The current CDC recommendation is for the Pfizer only. The
FDA does not currently authorize mixing brands.
Prerequisite for eligibility:
65 years and older at least six months after their primary series
Residents of long-term care at least six months after their primary series
18–64 years with underlying medical conditions at least six months after
their primary series.
18-64 years who are at increased risk for COVID-19 because of
occupational or institutional setting at least six months after their primary
series. This applies only to the Pfizer COVID-19 Vaccine and only to
people 18 and older.
Farmers Market Launches Sunday, October 24 – Colleyville is hosting their
very own Farmers Market starting Sunday, October 24, from 10:30 a.m. to 1:30
p.m. at the Plaza at City Hall. Vendors will include those from the Harvest Festival
as well as several others! Food trucks, music, lawn games, and more will be
present. Additional Farmers Markets will be held the first three Sundays in
November.
DEA Drug Take Back, October 23 – The Colleyville Police Department and the
Drug Enforcement Administration (DEA) will give the public the opportunity to
prevent pill abuse and theft by ridding their homes of potentially dangerous
expired, unused, and unwanted prescription drugs. Community members can bring
their pills for disposal to the Senior Center (2512 Glade Road) October 23, from 10
a.m. – 2 p.m. The DEA cannot accept liquids or needles or sharps, only pills or
patches. The service is free and anonymous, no questions asked. Colleyville Police
are offering a drive through service for easier drug disposal.
Fire Academy Enrollment Now Open – Experience what it takes to provide Fire
and Emergency Medical Services to our community. The Colleyville Fire
Department will be holding a free, one day Citizens Fire Academy for Colleyville
residents ages 18 and older. The event is scheduled for October 30, from 9 a.m. –
6 p.m. at the Central Fire Station (5209 Colleyville Blvd.) Participants will cover
topics such as Hazmat, CPR/AED, fire extinguisher training, vehicle extrication,
and more. Lunch will be provided. Class size is limited to 25 participants. For
questions or to enroll, contact Karen Weir at kweir@colleyville.com.
City Council Minutes October 19, 2021
City of Colleyville Page 6
Presentation by Mary Louise Nicholson, Tarrant County Clerk, to the
City of Colleyville and the Colleyville Library of the Tarrant County
2020 Coronavirus Pandemic history book - Mayor Richard Newton
and Library Director Mary Rodne
Mary Louise Nicholson, Tarrant County Clerk, presented the Tarrant County 2020
Coronavirus Pandemic history book to the City and noted the books are also for
sale and available through any County Commission. Ms. Nicholson stated the
pandemic changed everyone’s life and it is important we record this event for
historical reference.
Presentation to Colleyville Police Department Life Saving Awards -
Mayor Richard Newton
Police Chief Michael Miller and Mayor Richard Newton recognized Officer Dalton
Horton and Sergeant Dustin Eason with the Department’s Life Saving Awards. On
August 6, 2021, Officer Horton was credited with saving the life of a person
undergoing a heart attack. Due to Officer Horton performing CPR until the
paramedics arrived, the individual survived and is now home.
On August 14, 2021, Sergeant Eason administered Narcan and performed CPR on
an individual who was not breathing and had no pulse. Due to the actions of
Sergeant Eason, the individual survived and was able to be transported by
paramedics.
In recognition of the Colleyville Police Department receiving two
International Association of Chiefs of Police Awards
Mayor Newton recognized the Colleyville Police Department and provided the
following information.
The Colleyville Police Department has earned two prestigious awards from the
International Association of Chiefs of Police (IACP) for its work in solving two high
profile cases – one brought down a worldwide sex trafficking website and one solved
an international elder fraud ring stemming from Nigeria. Both cases have direct ties
to the City of Colleyville.
IACP is the largest professional association for police leaders with more than 31,000
members in over 165 countries across the globe. Annually, the IACP honors law
enforcement officers and agencies who exhibit leadership, excellence, and
professionalism by memorializing their efforts with coveted awards like these; a total
of 15 “agency” awards are given out by the organization each year. Colleyville Police
Department has been awarded two of the 15 (13.33%) “agency” awards this year.
The awards were supposed to be personally presented to agencies at IACP’s annual
conference scheduled for the week of September 11, in New Orleans, but due to
City Council Minutes October 19, 2021
City of Colleyville Page 7
hurricane Ida, the conference was moved to a virtual platform and the awards were
announced online on September 13th.
We cannot publicize the significance of our police department receiving these awards
enough. The department, under the leadership of Chief Miller, has interacted with
other departments and agencies, and acted knowledgably, professionally, and
skillfully.
2021 IACP/Thomson Reuters Excellence in Criminal Investigations Award
The IACP selected the Colleyville Police Department as the recipient of the 2021
IACP/Thomson Reuters Excellence in Criminal Investigations Award in recognition of
the exceptional innovation in criminal investigations. The investigation was a
collaborative effort between the Colleyville Police Department, Homeland Security
Investigations’ (HSI) Dallas Field Office, and the United States Secret Service, with
assistance from HSI’s El Paso and San Jose Field Offices, as well as the Texas
Department of Public Safety. This award recognizes the excellent criminal
investigation conducted into the CityXGuide website, which was used to promote,
advertise, and facilitate prostitution and sex trafficking around the world. This team
identified numerous minor-aged victims around the world listed in the website
advertisements, including a 13-year-old who was recovered in North Texas. The
website was seized and its owner was arrested and charged in a 28-count federal
indictment. Detective Brent Self was the co-case agent on this investigation.
2021 IACP Leadership in the Prevention of Transnational Crime
The Colleyville Police Department was also the recipient of the 2021 IACP Leadership
in the Prevention of Transnational Crime Award for successfully mitigating the
international threats to their community by transnational crime organizations. The
Colleyville Police Department, in partnership with the U.S. Secret Service and
investigators from the Tarrant County Criminal District Attorney’s Office, initiated an
investigation from a local victim which developed into multiple romance and lottery
scams involving elderly victims across the country. This team ultimately identified a
West African fraud ring with ties to Nigerian organized crime syndicates who had
multiple suspects who scammed over $4 million from the victims. Four offenders in
these schemes were apprehended and at least $200,000 has been secured so far
with plans to return money to the crime victims. Detective Jeff Prater was the lead
investigator on this case.
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21-
4661
4a Approval of the minutes of the Regular City Council meeting of October
4, 2021
City Council Minutes October 19, 2021
City of Colleyville Page 8
4b Approval of the first one-year renewal term for the Tree Trimming
Contractor Services Agreement with Smith Lawn and Tree, LLC, in an
amount not to exceed $75,000.00, and authorize the City Manager to
execute the agreement
4c Approval of the first one-year renewal term for the City’s current
Miscellaneous Concrete Contractor Services Agreement with GRod
Construction, LLC, in an amount not to exceed $400,000.00, and
authorizing the City Manager to execute the agreement
4d Approval of the third one-year renewal term for the City’s current
Janitorial Services Contractor Services Agreement with Oriental Building
Services, Inc., in an amount not to exceed $134,041.00, and authorizing
the City Manager to execute the agreement
4e Approval of an Interlocal Agreement and funding for the Metroport Teen
Court Program
4f Approval of the sale of property, seized items, found items, obsolete,
and non-serviceable equipment
Mayor Newton read Resolution R-21-4661 in its entirety.
Public Works Director Ray Silva-Reyes presented items 4b, 4c, 4d, and 4f.
Regarding items 4b, 4c, and 4d, Councilmember Dodson asked if the City was
required to go out for bid of those items. Director Silva-Reyes stated the original
contracts were written with renewable terms and were therefore, not required to
be rebid during the contract term.
Regarding item 4b, Mayor Pro Tem Lindamood stated the contractor does
exceptional work and is very thorough and expressed his appreciation.
Assistant City Manager Mark Wood presented item 4e and introduced Municipal
Court staff Nicole Porell, Administrator, and Aaron Gunther, Deputy Administrator.
Mayor Newton opened the public hearing at 8:17 p.m.
Kathy Hadley, 204 Timberline Drive S, thanked Mayor Pro Tem Lindamood for his
comments regarding the tree-trimming contractor. She also spoke against sending
Parks furniture to auction.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 8:20 p.m.
City Council Minutes October 19, 2021
City of Colleyville Page 9
Councilmember Nakamura made a motion to approve Resolution R-21-
4661, seconded by Councilmember Dodson.
The motion to approve carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - September 2021
Finance Director Kyle Lester provided the September 2021 Financial Report. He
noted this is the seventeenth consecutive month for an increase in projected sales
tax. He reported on the General, Utility, Drainage, Hotel, and Debt Service Funds
and noted this report was for the last month in the fiscal year. Director Lester
stated he is estimating the end of year surplus to be in excess of $1.5 million.
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-21-2174
Consideration of an amendment to the PUD-R Planned Unit
Development-Residential district, specifically to amend the regulations
for garage door building materials, for Lots 1-12, Block 1, The Villas at
Windsor Steele, located at 5101-5145 Roberts Road, Case ZC21-018
Mayor Newton read the caption of Ordinance O-21-2174.
Assistant City Manager Mark Wood presented this item stating at the previous
meeting City Council directed staff to research the staff’s process for plan
approvals and information provided to the developer. Manager Wood stated he
determined staff had provided the developer with marked plans, which noted all
the requirements of the PUD-R; however, the developer did not utilize the City’s
approved plans. He stated the PUD-R was violated when glass doors were installed
and there was a complaint regarding glare. The developer is seeking to amend the
PUD-R to allow for the glass doors and noted the one door, which caused a glare,
has been treated with film.
Mayor Newton asked the applicants to come forward and answer questions.
Brian Adams and Ryan Panno, the developers requesting the amendment, thanked
the City Council for their time and consideration and stated they did not purposely
violate the PUD-R; it was their first time submitting plans online.
Mayor Newton stated the development must still be responsible and the City
Council does not want to be punitive to the citizens who are already residing in the
City Council Minutes October 19, 2021
City of Colleyville Page 10
subdivision. Mayor Newton stated he would like to require the developer to add
more trees to help offset the glare if the film fails.
There was discussion between the Council and developers regarding the species,
height, and location of trees, and requiring the HOA to maintain the trees. Council
also stated film would have to be placed on each garage door.
Mr. Panno asked if they agree to the amendments, will the stop work order be
lifted. City Manager Jerry Ducay stated he would lift the stop order.
Mayor Newton opened the public hearing at 9:05 p.m.
Kathleen Hennessey, 5301 Stonebridge, stated she would get the information on a
“gumshoe glass” she is familiar with and suggested the glass in all the doors could
be changed out with this non-glare, long lasting, glass.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 9:07 p.m.
Mayor Newton advised the developers he would be making a motion to table and
directed Mr. Adams and Mr. Panno to provide a landscape plan with height,
species, and dimensions at the next meeting.
Mayor Newton made a motion to table Ordinance O-21-2174, seconded by
Councilmember Rigney.
The motion to table carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
6b Ordinance O-21-2175
Request to appeal the decision by the Planning and Zoning Commission
for the consideration of a Special Use Permit for a Massage Therapy use
on Lot 7R1A, Block 2, Andy Felps Addition, located at 4209 Colleyville
Boulevard, Suite C, Case ZC21-019
Mayor Newton read the caption of Ordinance O-21-2175.
Community Development Director Ben Bryner presented this item and stated staff
recommends denial as the applicant failed the background investigation.
The applicant was not present to answer questions of the City Council.
Mayor Newton opened the public hearing at 9:13 p.m.
City Council Minutes October 19, 2021
City of Colleyville Page 11
Kathy Hadley, 204 Timberline Drive S, spoke in favor of this item.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 9:13 p.m.
Councilmember Dodson made a motion to deny Ordinance O-21-2175,
seconded by Councilmember Kelley.
The motion to deny carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
6c Ordinance O-21-2176
Consideration of a zoning change from R-20 Single Family Residential
and RE Single Family 'Estate' Residential zoning districts to R-40 Single
Family Residential zoning district for Lot 2R, Block 1, Mockingbird Hill
Addition, located at 6250 Pool Road, Case ZC21-020
Mayor Newton read the caption of Ordinance O-21-2176.
Community Development Director Ben Bryner presented this item, a request for a
zoning change because the lot has two zonings currently, and stated there are no
new lots proposed.
Mayor Newton stated the only R-40 ordinance parameter not met is the 100-foot
property width, but this is an existing lot and the width is not controllable by the
owner at this point. Also the Mayor said this request does clean up the zoning of
this land by making it more compatible with the surrounding area. Councilmember
Dodson asked staff if the driveway meets the side yard setback. Director Bryner
stated there is no side yard setback requirement for flat work.
Mayor Newton opened the public hearing at 9:21 p.m.
Kathleen Hennessey, 5301 Stonebridge Drive, spoke regarding concerns for a fire
truck having access.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 9:23 p.m.
Councilmember Rigney made a motion to approve Ordinance O-21-2176,
seconded by Councilmember Wheat.
The motion to approve carried by the following vote:
City Council Minutes October 19, 2021
City of Colleyville Page 12
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
6d Ordinance O-21-2177
Consideration of a Special Use Permit for an Accessory Dwelling on Lot
2R, Block 1, Mockingbird Hill Addition, located at 6250 Pool Road, Case
ZC21-021
Mayor Newton read the caption of Ordinance O-21-2177.
Community Development Director Ben Bryner presented this item, noting it is a
companion to the previous Ordinance O-21-2176. Director Bryner stated the
request is for an SUP for an accessory dwelling per the zoning, which was
approved by the previous ordinance. Director Bryner stated the request is for the
use of a new 799 s.f. accessory dwelling attached to an existing detached garage.
The total lot area is 1.39 acres, or 60,548 square feet, and the structure will be
built on the west side of the garage of similar materials to the home, and includes
a 377 s.f. covered porch in addition to the dwelling. He noted the structure will not
be visible from Pool Road and it meets all the dimensional requirements of the
Land Development Code.
Councilmember Dodson asked staff if it is stated the dwelling can never be rented
is written in the SUP. Director Bryner stated code states it cannot be used as
rental property, and Mayor Newton stated it could be written into the ordinance as
well.
Mayor Newton asked the applicant to come forward.
Mayor Newton asked applicant Lance Bishop, 6250 Pool Road, if he understands
and agrees to a condition being written into the ordinance that the property can
never be rented. Mr. Bishop stated he understands and agrees.
Mayor Newton opened the public hearing at 9:30 p.m.
Kathy Hadley, 204 Timberline Drive S, spoke regarding concerns for the potential
of the addition being used as a rental as she feels this is happening in her
neighborhood.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 9:32 p.m.
Councilmember Dodson made a motion to approve Ordinance O-21-2177
with the amendment of adding the dwelling cannot be used as rental
property, seconded by Councilmember Rigney.
The motion to approve carried by the following vote:
City Council Minutes October 19, 2021
City of Colleyville Page 13
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
Mayor Newton declared a recess at 9:33 p.m. and reconvened at 9:39 p.m.
6e Ordinance O-21-2178
Consideration of an amendment to the PUD-C Planned Unit
Development-Commercial district, specifically to allow for showrooms,
to include a Hot Tub and Sauna Showroom, as a permitted use, for Lot
1, Block 1, Metrovest Addition, located at 6100 Colleyville Boulevard,
Suite 100, Case ZC21-023
Mayor Newton read the caption of Ordinance O-21-2178.
Community Development Director Ben Bryner presented this item, a request to
amend the PUD-C ordinance to allow showrooms, to include a hot tub and sauna
showroom.
Mayor Newton asked Director Bryner what the definition is of showroom as
opposed to retail showroom. Director Bryner read from the Code and noted it did
not include the hot tub and sauna definition. City Manager Ducay did acknowledge
the wording “showroom” was more general than the more specific wording “hot
tub and sauna showroom”. It was agreed to use the more specific wording.
Mayor Newton asked the applicant to come forward.
Applicant Garrett Turner, 6100 K Avenue, Plano, advised the City Council the
Colleyville showroom would be a satellite store to his current Plano store where all
inventory is held and received, and is where the service and delivery departments
operate. This means the Colleyville store will be sales only and is a sales tax
generating business. There will be no storage or delivery from this location.
Mayor Newton asked if the zoning of the other two properties are different.
Director Bryner stated yes, the other properties are zoned CC-1, furniture and
appliance store.
Mayor Newton opened and closed the public hearing at 9:50 p.m. as there was no
one present wishing to speak.
Mayor Pro Tem Lindamood made a motion to approve Ordinance O-21-
2178 with the amendment of removing showroom from the description,
seconded by Councilmember Nakamura.
The motion to approve carried by the following vote:
City Council Minutes October 19, 2021
City of Colleyville Page 14
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
6f Ordinance O-21-2179
Amending Chapters 18 and 46 of the Code of Ordinances by adopting
the 2018 editions of certain International Codes published by the
International Code Council and adopting the 2020 edition of the National
Electric Code
Mayor Newton read the caption of Ordinance O-21-2179.
Community Development Director Ben Bryner presented this item noting further
review by the City Attorney and staff at the October 4, 2021, City Council Meeting,
it was determined the best procedure for adopting the Codes and updates, and
provide clarity in the Code of Ordinances, was to combine the four previous
ordinances into a single ordinance adopting all changes in one document. Per the
direction of Councilmember Rigney and City Manager Jerry Ducay, Section 4 of the
Ordinance specifically exempts Section 4.11.5.2 5 “The leading edge shall be
visually set apart and provided with a horizontal solid or broken stripe at least 1
inch wide on the top surface along the front leading edge of each step. This stripe
shall be plainly visible to persons on the pool deck. The stripe shall be a
contrasting color to the background on which it is applied, and the color shall be
permanent in nature and shall be a slip-resistant surface” of the International
Swimming Pool and Spa Code, from enforcement.
City Attorney Whitt Wyatt stated there will be an amendment to Exhibit A,
regarding the Board of Appeals and he has provided the written amendment for
the record.
Mayor Newton opened and closed the public hearing at 9:59 p.m. as there was no
one present wishing to speak.
Councilmember Rigney made a motion to approve Ordinance O-21-2179
with the amendment as provided by the City Attorney, seconded by
Councilmember Kelley.
The motion to approve carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-21-4662
Appointing the adhoc General Fund Capital Improvement Project Fee
Advisory Committee
City Council Minutes October 19, 2021
City of Colleyville Page 15
Mayor Newton read Resolution R-21-4662 in its entirety.
Mayor Newton stated the resolution appoints June Shrewsbury, Chair, and Tim
Raine, Vice Chair, and appoints members Ray Allee, Thomas Bauch, James Dove,
Cliff LeBlanc, Jeff Piston, Scotty Richardson, and Tony Seris.
Mayor Newton opened and closed the public hearing at 10:07 p.m. as there was
no one present wishing to speak.
Councilmember Dodson made a motion to approve Resolution R-21-4662,
seconded by Councilmember Wheat.
The motion to approve carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
8. CITIZEN COMMENTS
Kathy Hadley, 204 Timberline Drive S, spoke regarding Jackson Road, the Senior
Center renovation, and the need to involve the seniors. Mrs. Hadley also stated
the 26 medians are beautiful and thanked the Council and staff for the work they
do.
Kathleen Hennessey, 5301 Stonebridge, spoke regarding challenges, which need
to be addressed regarding the preservation and responsibility for tree trimming.
9. REPORTS
Planning and Zoning Commission Minutes - September 13, 2021
Planning and Zoning Commission Worksession Minutes - September 27,
2021
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
OCTOBER 19, 2021 - READING AND PUBLIC HEARING - RESOLUTION
R-21-4663
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 10:20 p.m.
City Council Minutes October 19, 2021
City of Colleyville Page 16
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 1ST DAY OF NOVEMBER
2021.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary