HomeMy WebLinkAboutCity Council-Minutes-3/2/2022
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
Wednesday, March 2, 2022
RIBBON CUTTING - 5:30 P.M.
LOOK CINEMA
5655 COLLEYVILLE BOULEVARD
THERE WILL BE NO WORKSESSION
EXECUTIVE SESSION
6:45 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
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: The Heather Nicole Bowden Trust
Section 551.071 - Legal - Consultation with attorney regarding legal issues
related to the CWD Solid Waste Contract
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 March 2, 2022
City of Colleyville Page 2
INVOCATION: Pastor Paul Daniels, Colleyville Covenant
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-22-4701
3.ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of City, civic and charitable events
Announcements of awards and recognition
In recognition of the Business of the Month - House of Daisies Jenny + Co.
97 Village Lane - Marybeth McIntyre, House of Daisies, and Jenny
Flanagan, Jenny + Co. and Mayor Richard Newton
4.CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4702
4a Approval of the minutes of the regular City Council meeting of February
15, 2022
5.ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-22-2193
Consideration of a Special Use Permit for an accessory building to
encroach into the street side yard setback on Lot 6, Block 9, Woodbriar
Estates Addition, located at 412 Briarcliff Court, Case ZC21-036
5b Ordinance O-22-2194
Consideration of a zoning change from PUD-C Planned Unit
Development-Commercial district to PUD-C Planned Unit Development-
Commercial district, specifically for a restaurant with drive-in or drive-
thru service, for Tract 2C03, Abstract 206, BBB & C RY Survey, located
at 4917 Colleyville Boulevard, Case ZC22-001
6.TABLED ORDINANCE(S): READING AND PUBLIC HEARING
6a Ordinance O-22-2192
Request to appeal the decision by the Planning and Zoning Commission
for the consideration of a zoning change from PUD-C Planned Unit
Development-Commercial district to PUD-C Planned Unit Development-
Commercial district, specifically for a senior living facility, for Lots 1 and
2, Block A, Heritage Farms, located at 913 Cheek-Sparger Road and
3808 Wayne Drive, Case ZC21-037
City Council Agenda March 2, 2022
City of Colleyville Page 3
7.CITIZEN COMMENTS
8.REPORTS
Colleyville Library Board Minutes - December 13, 2021
Planning and Zoning Commission Minutes - January 10, 2022
Planning and Zoning Commission Worksession Minutes - January 24, 2022
9.ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR
WEDNESDAY, MARCH 2, 2022 - READING AND PUBLIC HEARING -
RESOLUTION R-22-4703
10.ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, February
25, 2022 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
Wednesday, March 2, 2022
Mayor Richard Newton called the Colleyville City Executive Session to order on
Wednesday, March 2, 2022, at 6:50 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.
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: The Heather Nicole Bowden Trust
Section 551.071 - Legal - Consultation with attorney regarding legal issues
related to the CWD Solid Waste Contract
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 7:20
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.
City Council Minutes March 2, 2022
City of Colleyville Page 2
INVOCATION: Pastor Paul Daniels, Colleyville Covenant
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-22-4701
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
Mayor Newton and the City Council made the following announcements:
A Time to Heal Event Welcomes 200+ Participants – the City of Colleyville
and the Ministerial Alliance Colleyville Strong event to remember the tragic
terrorist event at Congregation Beth Israel and the answered prayers that brought
this event to a positive conclusion welcomed 200 attendees providing an evening
of fellowship and celebration of Colleyville’s diversity. This event, and the
outpouring of support for our community, was yet another example of the
exceptionalism of Colleyville.
Department Recognized by Secretary Mayorkas – The Colleyville police and
fire department was recognized by the US Secretary of Homeland Security
Alejandro Mayorkas for the partnership displayed during the Congregation Beth
Israel terror attack. It is wonderful to see our Colleyville departments recognized
by the Secretary. We are fortunate to have a strong relationship with our federal
law enforcement partners.
NEFDA Selects Chief Cantrell as President – Fire Chief Mark Cantrell has
recently been elected President of the Northeast Fire Department Association
(NEFDA). NEFDA is a group of fourteen departments in the region who have come
together to consolidate resources for the benefit of our individual communities.
This group aids in standardizing training and tactics among the area departments,
as well as cooperatively operating specialized resources such as technical rescue
and hazardous materials response assets.
LOOK Cinemas to Open March 3 – a ribbon cutting event welcoming LOOK
Cinemas to the former Studio Movie Grill theater location was held March 2. The
theater officially opens March 3, with the premier of the new Batman movie.
Clean Sweep Gets New Location and New Feature – March 5, 2022 - This
year's event will be held at the south parking lot of City Hall and will also include a
City Council Minutes March 2, 2022
City of Colleyville Page 3
community clean-up feature. The event will include the classic five stations: Crud
Cruiser, electronics recycling, document shredding, bulk/brush trash, and tire
recycling. This drop off service will run from 9-11 a.m. The event is free to
Colleyville residents with proof of residency. For residents and volunteer groups
looking to participate in a community clean up, the event will provide a volunteer
check in between 8–9 a.m. At that time volunteers will be provided packet/gear
(garbage bags, vests, grabbers) and assigned an area to clean. After the cleanup,
an event at 11 a.m. lunch, refreshments, and family activities (planting stations
and games) are available. Parking will be available behind City Hall.
When it Comes to Quality, the SIGNS are Everywhere – The entry sign on
the SW corner of Hall-Johnson and Pool Road is getting some much-needed
attention. The Colleyville sign has been power washed and a new landscape wall
has been installed. Landscape material will be planted next week, if the weather
allows. Once the enhancements are compete at Hall-Johnson, we will be moving to
the entry sign on the southbound side of Pool Road near Ross Downs. Finally,
beautification efforts will proceed to Glade Road (near the Nature Center) where
another entry sign will be enhanced.
Junior Anglers Event April 2 – Enjoy a great day of free fishing for the family at
a freshly stocked pond in the Colleyville Nature Center. Prizes will be awarded for
catches for children 16-and-under. Poles and bait will be available, if needed. No
pre-registration required. Free trees and Arbor Day t-shirts, while supplies last.
Bunny Brunch and Lunch – The annual Colleyville Bunny Brunch and Lunch will
be held April 9 at the Colleyville Center. Tickets go on sale March 7.
In recognition of the Business of the Month - House of Daisies Jenny +
Co. 97 Village Lane - Marybeth McIntyre, House of Daisies, and Jenny
Flanagan, Jenny + Co. and Mayor Richard Newton
Mayor Newton and Assistant City Manager Mark Wood welcomed Marybeth
McIntyre, House of Daisies, and Jenny Flanagan, Jenny & Co. and recognized their
business at 97 Village Lane as the Business of the Month.
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4702
4a Approval of the minutes of the regular City Council meeting of February
15, 2022
Mayor Newton read Resolution R-22-4702 in its entirety.
There was no discussion.
There were no speakers and Mayor Newton opened and closed the public hearing
at 7:47 p.m.
City Council Minutes March 2, 2022
City of Colleyville Page 4
Councilmember Kelley made a motion to approve Resolution R-22-4702
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. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-22-2193
Consideration of a Special Use Permit for an accessory building to
encroach into the street side yard setback on Lot 6, Block 9, Woodbriar
Estates Addition, located at 412 Briarcliff Court, Case ZC21-036
Mayor Newton Read the caption of Ordinance O-22-2193.
Community Development Director Ben Bryner presented the item, a request for
approval of an SUP to allow a 300 square foot patio cover to encroach into the
required street side yard setback a distance of five feet from the property line.
Director Bryner presented exhibits of the pergola. He also presented photos, which
indicated the fence had been replaced and expanded in 2019 without a permit.
Director Bryner stated the applicant was contacted and made aware of this and
staff is working on an SUP for the fence, which will go before the Planning and
Zoning Commission in late March.
There was general discussion regarding the location of the fence and its relocation.
Director Bryner stated portions of the replacement fence were located where
originally built however; it was expanded and portions moved to the property line.
Following discussion, Mayor Newton stated there are several issues with this
property; this SUP before the Council tonight is for the pergola, but if the pergola
was approved, there are still several variances, which would have to come forth to
actually have the whole project come to fruition. Director Bryner and the City
Manager agreed.
Mayor Newton stated it does not make sense to him to consider each item
separately. Councilmember Wheat asked if the item could be tabled and brought
back with everything included. Councilmember Dodson suggested denying the
ordinance and bringing back a new ordinance with all items addressed. Mayor Pro
Tem Lindamood was in favor of tabling the ordinance and providing time for all
items to be included.
Mayor Newton opened the public hearing at 7:59 p.m.
City Council Minutes March 2, 2022
City of Colleyville Page 5
Applicant Shelly Horton, 412 Briarcliff, came forward and asked the Council if she
should make a presentation or if they were going to table the ordinance. Mayor
Newton stated he felt the right thing to do is table the ordinance and allow time to
get everything together.
Mayor Newton stated the issues associated with this item are all variances. In his
opinion, a variance is only for the purpose of dealing with something the owner
cannot really control. He feels in this case, the applicant has options and will need
to decide what is wanted.
Vince Chapman, DFW Custom Pools, advised he is available to present the case
and stated all conditions have been met, up until the variance change two years
ago. Mayor Newton explained how this is not the case and City Manager Ducay
clarified.
There was further explanation regarding the requirements for a side yard setback.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 8:08 p.m.
Councilmember Dodson made a motion to table Ordinance O-22-2193,
seconded by Councilmember Rigney.
The motion to table was approved by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
5b Ordinance O-22-2194
Consideration of a zoning change from PUD-C Planned Unit Development
- Commercial district to PUD-C Planned Unit Development - Commercial
district, specifically for a restaurant with drive-in or drive-thru service,
for Tract 2C03, Abstract 206, BBB & C RY Survey, located at 4917
Colleyville Boulevard, Case ZC22-001
Mayor Newton read the caption of Ordinance O-22-2194.
Community Development Director Ben Bryner presented this item to rezone from
PUD-C Planned Unit Development-Commercial district to PUD-C Planned Unit
Development-Commercial district to allow for a 1,776 sf. drive-thru iced-tea shop.
Director Bryner reviewed regulations in the proposed ordinance, which would differ
from the requirements in the Land Development Code. The differences include
permitted uses being subject to the CC-1 Village Retail uses, allowance for a drive-
thru, 20’ of landscaping along Colleyville Boulevard, request for minimal
landscaping, horizontal and vertical articulation of all elevations vary from Chapter
City Council Minutes March 2, 2022
City of Colleyville Page 6
6 requirements, 13 proposed parking spaces, and the maximum impervious
coverage to vary from the CC-1 Village Shopping Center district.
Applicant Brad Williamson, 13711 Alyssum Lane, Amarillo, came forward to
answer questions of the City Council. There was general discussion of the products
offered at the store, the staging of vehicles, the number of stores, and the HTeaO
community give back program, where HTeaO gives 2% of the sales back to the
local community.
Mr. Williamson stated the architect has already adjusted the vertical and horizontal
articulation. Councilmember Wheat requested the new renderings.
Mayor Newton asked staff if the business leaves, does the drive-thru go away.
Director Bryner stated yes.
As there was no one wishing to speak, Mayor Newton opened and closed the public
hearing at 8:39 p.m.
This was a first reading; therefore, Council did not take action.
6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING
6a Ordinance O-22-2192
Request to appeal the decision by the Planning and Zoning Commission
for the consideration of a zoning change from PUD-C Planned Unit
Development-Commercial district to PUD-C Planned Unit Development-
Commercial district, specifically for a senior living facility, for Lots 1 and
2, Block A, Heritage Farms, located at 913 Cheek-Sparger Road and
3808 Wayne Drive, Case ZC21-037
Councilmember Dodson made a motion to remove Ordinance O-22-2192
from the table, seconded by Councilmember Nakamura.
The motion to remove the ordinance from the table was approved with
the following vote.
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
Mayor Newton read the caption of Ordinance O-22-2192. Mayor Newton asked if
the applicant was present. There being no applicant or representative present,
Mayor Newton stated this item was removed from the table because the City
Council has not received any information for the applicant on how they plan to
move forward and this request has been presented before in a similar form.
City Council Minutes March 2, 2022
City of Colleyville Page 7
Mayor Newton stated there was a February 27, 2022 article in the Dallas Morning
News, headlined “Financial Cloud Sits Over Senior Community” and addressed the
financial struggles of the Edgemere retirement community in Dallas. He stated the
proposed business in this zoning application is structured very similarly to the
Edgemere retirement community in its business operation and in its funding
structure. Mayor Newton stated when the proposed facility first came before
Council, the Council asked a lot of questions and received a lot of information
regarding how the facility would be operated and financed. He stated he would not
take up a lot of time to explain, as the applicant is not present, however the article
addresses some of the real concerns Council has had regarding this facility. He
said he would like to see this item move forward with the Council questions
responded to, or it gets to a point where Council can again take action.
Councilmember Dodson noted the article highlights the prepayment required to
enter into a facility of this nature is one half to one million dollars and monthly
rental averages between $7-9,000.
Mayor Pro Tem Lindamood implored others to read the article as many of the
Council’s concerns are addressed there.
Mayor Newton opened the public hearing at 8:44 p.m. Jason Finch, 3721
Woodmont Court, Bedford, has submitted a speaker card, but stated he will wait
and speak at the next meeting.
Mayor Newton closed the public hearing at 8:45 p.m.
This was a first reading; therefore, Council did not take any action.
7. CITIZEN COMMENTS
Kathy Hadley, 204 Timberline Drive North, spoke regarding concerns for her
property due to a home being built next door. She thanked the City Council for
their work and asked everyone to pray for Ukraine.
George Bond, 3104 St. Albans Circle, provided a history of his service to the City,
announced he is running for City Council, and told the City Council what they do is
important.
Sayeda Syed, 6307 Sapphire Circle, stated an article in Wallet Hub noted
Colleyville is ranked 23 in the nation and the highest in Texas for citizens with the
highest credit score. She thanked the Council and stated she is very proud of the
City Council and the City’s policies.
City Council Minutes March 2, 2022
City of Colleyville Page 8
8. REPORTS
Colleyville Library Board Minutes - December 13, 2021
Planning and Zoning Commission Minutes - January 10, 2022
Planning and Zoning Commission Worksession Minutes - January 24, 2022
There was no discussion of this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR
WEDNESDAY, MARCH 2, 2022 - READING AND PUBLIC HEARING -
RESOLUTION R-22-4703
This resolution was not needed.
10. ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the meeting without objection by the City Council at 8:56 p.m.
APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 22ND DAY OF MARCH
2022.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary