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HomeMy WebLinkAboutCity Council-Minutes-4/19/2022 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 Tuesday, April 19, 2022 WORKSESSION 6:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Update on the Bransford and Bedford Road trail projects WS-2 Discussion of the April 19, 2022, 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 legal issues related to the CWD Solid Waste Contract Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the potential future development of the Northern Gateway Property located at the southwest corner of SH26 and John McCain Road 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 City Council Agenda April 19, 2022 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Martin Richardson, Crown of Life 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-22-4716 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Business of the Month - MOOYAH Burgers, Fries & Shakes, 5156 Colleyville Boulevard, Suite 300 - Amanda Bailey, General Manager - Mayor Richard Newton and Assistant City Manager Mark Wood Presentation of the Distinguished Budget Presentation Award – Mayor Richard Newton and Finance Director Kyle Lester 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4717 4a Approval of the minutes of the regular City Council meeting of April 5, 2022 4b Approval of rejecting all bids for the Water Distribution System Interconnection at Pleasant Run Road project 4c Approval of a construction contract with Digital Resources, Inc. for the Justice Center EOC and Multi-Conference Room Audio/Video System, in an amount not to exceed $265,537 and a contingency amount not to exceed $15,000, and authorizing the City Manager to execute the contract 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - March 2022 City Council Agenda April 19, 2022 City of Colleyville Page 3 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-22-2195 Consideration of a Special Use Permit for a fence to encroach into the front yard setback on Lot 1, Block 1, Brown Addition, Colleyville, located at 5412 Pleasant Run Road, Case ZC22-002 6b Ordinance O-22-2196 Consideration of a Special Use Permit for alcoholic beverage sales for on-premise consumption on Lot 1, Block 1, Village Front Door Addition, located at 5204 Colleyville Boulevard, Case ZC22-004 6c Ordinance O-22-2197 Consideration of a Special Use Permit for a reduction in required parking on Lot 1, Block 1, Village Front Door Addition, located at 5204 Colleyville Boulevard, Case ZC22-005 6d Ordinance O-22-2198 Consideration of a zoning change from R-MF Multi-Family Residential to PUD-R Planned Unit Development - Residential zoning district for Lots 1-47, Block A, Lots 1-16, Block B, and Lots 1-24, Block C, of the Lakewood Estates, located at 1001-1029 Lakeridge Court, 4600-4613 Clearwater Court, 4701-4944 Lakewood Drive, 1000-1012 Clear Lake Court, 1001-1013 Edgewater Court, and 4700-4808 Lakeshore Court, Case ZC22-008 6e Ordinance O-22-2199 Consideration of a Special Use Permit for a fence to encroach into the street side yard setback on Lot 6, Block 9, Woodbriar Estates Addition, located at 412 Briarcliff Court, Case ZC22-010 7. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 7a 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 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-22-4718 Consideration of a variance to the street side yard setback for Lot 6, Block 9, Woodbriar Estates Addition, located at 412 Briarcliff Court, Case VC22-001 9. CITIZEN COMMENTS City Council Agenda April 19, 2022 City of Colleyville Page 4 10. REPORTS Sign Board of Appeals Minutes - December 14, 2021 Parks and Recreation Advisory Board Minutes - January 10, 2022 Planning and Zoning Commission Minutes - February 14, 2022 Planning and Zoning Commission Worksession Minutes - February 28, 2022 Planning and Zoning Commission Minutes - March 21, 2022 Planning and Zoning Commission Worksession Minutes - March 28, 2022 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, APRIL 19, 2022 - READING AND PUBLIC HEARING - RESOLUTION R- 22-4719 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Thursday, April 14, 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 Tuesday, April 19, 2022 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, April 19, 2022, at 6:00 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Chuck Kelley, and Callie Rigney. ABSENT: Councilmembers Kathy Wheat and George Dodson ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Community Development Director Ben Bryner, City Engineer Larry Wright, City Attorney Whitt Wyatt, and City Secretary Christine Loven. Mayor Newton thanked Ms. Salima Madhani, the Ismaili Community, for the desserts and Iftar food she had presented to City Council for the meeting this evening. WS-1 Update on the Bransford and Bedford Road trail projects City Engineer Larry Wright presented this item which reviewed the options and progress on the both the Bransford and Bedford Road trails. Engineer Wright stated there were nine bidders on the Bransford Road Trail project. Staff became concerned with the low bidder when there were no local references, would not respond to the City’s questions, and the bidder did not have previous City projects experience. Engineer Wright stated Assistant City Manager Mark Wood attempted to meet with the bidder in Houston to review their work and discuss the bid. Manager Wood stated he contacted the bidder when he arrived in Houston for the meeting, and by phone, the bidder apologized for not being able to make the meeting, as there was a family emergency. Engineer Wright reviewed the remaining bids, which had an eight percent range and noted all were over the anticipated project cost of $900,000. Engineer Wright stated staff is seeking City Council direction to begin vetting the second bidder, or deny all bids, and make design changes. Following discussion regarding possible design changes, the Capital Improvement Plan projects, and the importance of the trail connection, City Council directed staff to reject the lowest bidder, change the scope of the project by initiating some design changes, and beginning with the second bidder, move forward to ascertain if a reduction in scope would realize any savings. City Council Minutes April 19, 2022 City of Colleyville Page 2 Engineer Wright reviewed options with the trail on Bedford and the costs, identifying options for the bridge crossing at Little Bear Creek. The City Council directed staff to begin moving forward with the park path option. WS-2 Discussion of the April 19, 2022, City Council regular agenda items Mayor Newton noted item 6a on the agenda would be tabled as City Council requested the applicant seek new zoning before this item comes before the City Council for a vote, and the applicant agreed. Mayor Newton noted there were three items on the agenda, 6e, 7a, and 8a, which all involve the same property; 6a is for a fence, 7a is for a pergola, and 8a is for the pool and house. There was no further business for discussion. Mayor Newton adjourned the Worksession at 6:30 p.m. and called the Executive Session 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 legal issues related to the CWD Solid Waste Contract Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the potential future development of the Northern Gateway Property located at the southwest corner of SH26 and John McCain Road 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 7:00 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:33 p.m. and called the roll. City Council Minutes April 19, 2022 City of Colleyville Page 3 ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Chuck Kelley, and Callie Rigney. ABSENT: Councilmembers Kathy Wheat and George Dodson INVOCATION: Pastor Martin Richardson, Crown of Life 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-22-4716 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 provided the following announcements. FY 2023 Appropriation and Community Project Funding Request – Congresswoman Van Duyne’s office has put out a call for projects seeking funding as part of the fiscal year 2023 federal appropriation and community funding process. Colleyville thanks the Congresswoman for including our City in this effort. We have answered her call with 21 projects benefitting Colleyville residents. In total, Colleyville is seeking just under $50 million in project funding spread out over the 21 projects. Sales Tax Growth Continues – The Texas Comptroller’s Office has posted the latest sales tax receipts for April, representing all receipts from purchases made in February of this year. This collection continued our strong sales tax receipt growth coming in at 8.3% over February of FY21. This puts our total fiscal year-to-date increase at 12.8%, making for a total dollar gain of $460,000 through the fifth month of this year. Sales tax continues to set monthly records for the City, as this month represents the 21st consecutive month of posted gain over the previous fiscal year. Colleyville Car Show, Saturday April 23 – Colleyville will hold the fourth annual spring Car Show this Saturday in the south lot at City Hall. If you have a vintage or cool car, truck, or bike and you would like to enter please call Ronni Orr at 817- 503-1113. Colleyville General Election Information – The City of Colleyville will conduct a General Election on Saturday, May 7 to elect a Mayor and City Councilmembers for City Council Minutes April 19, 2022 City of Colleyville Page 4 Places 1 and 2. Voting will take place at the Colleyville Public Library, 110 Main Street. Early voting will run from Monday, April 25 to Tuesday, May 3. For more information, call the City Secretary's Office at 817.503.1130. Drug Take Back Program, April 30 – The Colleyville Police Department and the Drug Enforcement Administration (DEA) will provide the public the opportunity to prevent prescription 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 Good Shepherd Catholic Church on Saturday April 30, between 10 a.m. and 2 p.m. The collection is limited to pills or patches as the DEA cannot accept liquids or needles. This service is free and anonymous. Parks Staff Assist Resident In Need – Last week, Parks staff members Richard Diano and Colton Laster were working in the plaza when they noticed a resident struggling with a flat tire. Later that day we received a call from the resident complimenting Richard and Colton for coming to her aid. She stated she left the library around 2 p.m. or so and discovered she had a flat tire. Two City workers helped her change the tire and would not accept payment from her. She did not get their names but wanted to know if we could find out who it was. She said they certainly deserved recognition for helping an “elderly lady”. Great job Richard and Colton! You exemplify the servant leadership of our staff. Seasonal Mosquito Monitoring Underway – Colleyville has started its annual mosquito monitoring and testing across the City. We test samples of the mosquito population year-round but increase surveillance during mosquito season, which typically runs from April through October. Crews place traps across the City to monitor mosquito-breeding sites. Each week, City staff sends traps to Tarrant County Public Health for testing. The City will respond to positive mosquito sample sites depending on the results of the testing. Actions can include larvicide or spraying treatments. Individual responsibility plays a major role in mosquito virus prevention. There are several practices residents should get in the habit of doing to protect themselves and others from possible illnesses. These include using insect repellent containing DEET, picaridin, or oil of lemon eucalyptus; wearing long sleeves and pants outdoors, and draining standing water on your property. Visit Colleyville.com for more information on mosquito control and alerts. Business of the Month - MOOYAH Burgers, Fries & Shakes, 5156 Colleyville Boulevard, Suite 300 - Amanda Bailey, General Manager - Mayor Richard Newton and Assistant City Manager Mark Wood Mayor Newton and Assistant City Manager Mark Wood welcomed Amanda Bailey, General Manager, MOOYAH Burgers and recognized MOOHYAH Burgers as the business of the month. Ms. Bailey thanked the Mayor and City Council for the City Council Minutes April 19, 2022 City of Colleyville Page 5 recognition and invited everyone to try the restaurant located at 5156 Colleyville Boulevard. Presentation of the Distinguished Budget Presentation Award – Mayor Richard Newton and Finance Director Kyle Lester Mayor Newton recognized Kyle Lester and the finance department for earning the Government Finance Officers Association Distinguished Budget Presentation Award for the 28th consecutive year. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4717 4a Approval of the minutes of the regular City Council meeting of April 5, 2022 4b Approval of rejecting all bids for the Water Distribution System Interconnection at Pleasant Run Road project 4c Approval of a construction contract with Digital Resources, Inc. for the Justice Center EOC and Multi-Conference Room Audio/Video System, in an amount not to exceed $265,537 and a contingency amount not to exceed $15,000, and authorizing the City Manager to execute the contract Mayor Newton read Resolution R-22-4717 in its entirety. City Engineer Larry Wright presented item 4b. There were no questions; however, Mayor Newton asked if this is still a needed project in the future. City Manager Ducay said this connection is not large enough to fill our water tanks or Southlake’s water tanks, so it could not completely replace our source of water or Southlake’s in an emergency, but it would still be of assistance. Information Technology Manager Chris Pena presented item 4c. He stated it is anticipated the funding for this item will come from a grant from the Governor’s Office and staff is seeking an additional $15,000 contingency in case there are supply and/or time challenges. There were no questions; however, Mayor Newton again thanked staff for their diligence in seeking grants and reiterated this grant will completely replace and update all of the technology in the Emergency Operations Center that was heavily used during the recent terrorist event at Congregation Beth Israel. There was no one wishing to speak and Mayor Newton opened and closed the public hearing at 8:03 p.m. City Council Minutes April 19, 2022 City of Colleyville Page 6 Councilmember Nakamura made a motion to approve Resolution R-22- 4717, seconded by Councilmember Kelley. The motion to approve passed with the following vote: Ayes: 5 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Kelley, and Rigney. Absent: 2 – Councilmembers Wheat and Dodson. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - March 2022 Finance Director Kyle Lester presented the March financial report. City Manager Jerry Ducay stated it is important to note there was a spike in sales tax in March 2021, which was driven by last year’s snowstorm and the resulting damage and repairs. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-22-2195 Consideration of a Special Use Permit for a fence to encroach into the front yard setback on Lot 1, Block 1, Brown Addition, Colleyville, located at 5412 Pleasant Run Road, Case ZC22-002 Mayor Newton read the caption of Ordinance O-22-2195. Mayor Newton explained this item came before the City Council at the April 5, 2022 meeting and the applicant was asked to consider rezoning the property to R- 30 as the property is just under an acre and is currently zoned R-10. The applicant agreed and the zoning request is currently working its way through the process. Mayor Newton said this item should be tabled until the rezoning is completed. Mayor Pro Tem Lindamood made a motion to table Ordinance O-22-2195, seconded by Councilmember Rigney. The motion to table was approved with the following vote: Ayes: 5 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Kelley, and Rigney. Absent: 2 – Councilmembers Wheat and Dodson. City Council Minutes April 19, 2022 City of Colleyville Page 7 Mayor Newton moved to item 6c at 8:18 p.m. and returned to item 6b at 8:24 p.m. 6b Ordinance O-22-2196 Consideration of a Special Use Permit for alcoholic beverage sales for on- premise consumption on Lot 1, Block 1, Village Front Door Addition, located at 5204 Colleyville Boulevard, Case ZC22-004 Mayor Newton read the caption of Ordinance O-22-2196. Community Development Director Ben Bryner presented this item, noting the SUP for alcoholic beverage sales for on-premise consumption is for the Zafiros Mexican Grill y Cantina Restaurant, which was discussed during item 6c. Director Bryner reviewed the requirements of the Code of Ordinances and noted the location is compliant with the distance requirements of the Code of Ordinances. Mayor Newton asked the applicant to come forward. Applicant Joe Murphy, 4100 Wellington Drive, came forward. Mayor Newton noted Mr. Murphy is a Colleyville resident who has worked in the restaurant business and this venture is his retirement. Mayor Newton stated he and the Council are looking forward to his success and asked when Mr. Murphy believes Zafiros will open. Mr. Murphy stated he is hopeful he can open the first week of July. Mayor Pro Tem Lindamood noted this would increase the commercial occupancy rate in the Village. Mayor Newton opened the public hearing at 8:29 p.m. Kathy Hadley, 204 Timberline Drive N, stated she is in favor of the restaurant, but was not thrilled with the furnishings in the seating area, she felt something was missing. Mr. Murphy asked if he could respond to Mrs. Hadley and was allowed to do so. Mr. Murphy stated the exhibits showed placeholders for the furniture, but does not represent the furnishings. He stated the furnishings will be very nice and he believes everyone will be pleased. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:31 p.m. Councilmember Rigney made a motion to approve Ordinance O-22-2196, seconded by Councilmember Nakamura. The motion to approve passed with the following vote: City Council Minutes April 19, 2022 City of Colleyville Page 8 Ayes: 5 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Kelley, and Rigney. Absent: 2 – Councilmembers Wheat and Dodson. Mayor Newton moved to item 6c at 8:18 p.m. and returned to item 6b at 8:24 p.m. 6c Ordinance O-22-2197 Consideration of a Special Use Permit for a reduction in required parking on Lot 1, Block 1, Village Front Door Addition, located at 5204 Colleyville Boulevard, Case ZC22-005 Mayor Newton read the caption of Ordinance O-22-2197. Community Development Director Ben Bryner presented this item, which seeks approval of a Special Use Permit to allow for a reduction in parking. Director Bryner stated Zafiros Mexican Grill y Cantina proposed to open a restaurant in the former doctor’s office at the intersection of Mission Lane and Colleyville Boulevard. The parking ratio for a restaurant is one space per 100 square feet. The proposed restaurant is 6,909 square feet, which would require 69 spaces. Director Bryner noted the restaurant is adjacent to the Village, which has public parking, both on- street, and within public parking area. Councilmember Nakamura asked Mr. Murphy, the applicant, if there would be valet parking. He stated there are no plans for valet parking at this time. As there was no one wishing to speak, Mayor Newton opened and closed the public hearing at 8:23 p.m. Councilmember Kelley made a motion to approve Ordinance O-22-2197, seconded by Mayor Pro Tem Lindamood. The motion to approve passed with the following vote: Ayes: 5 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Kelley, and Rigney. Absent: 2 – Councilmembers Wheat and Dodson. 6d Ordinance O-22-2198 Consideration of a zoning change from R-MF Multi-Family Residential to PUD-R Planned Unit Development - Residential zoning district for Lots 1- 47, Block A, Lots 1-16, Block B, and Lots 1-24, Block C, of the Lakewood Estates, located at 1001-1029 Lakeridge Court, 4600-4613 Clearwater City Council Minutes April 19, 2022 City of Colleyville Page 9 Court, 4701-4944 Lakewood Drive, 1000-1012 Clear Lake Court, 1001- 1013 Edgewater Court, and 4700-4808 Lakeshore Court, Case ZC22-008 Mayor Newton read the caption of Ordinance O-22-2198. Community Development Director Ben Bryner presented this item, which is a request for the entire subdivision of Lakewood Estates to zone from R-MF Multi- Family Residential to PUD-R Planned Unit Development. Mayor Newton stated this zoning request was unusual because this is an existing subdivision. However, the underlying R-MF zoning of that subdivision from years ago was left in place when the subdivision was built. That is problematic for the homeowners and the City since any redevelopment in the subdivision could include a multi-family structure. This proposed rezoning will match the way the subdivision is currently built and will protect the integrity of the existing neighborhood. Applicant Chris Hawkins, representing the Lakewood Estates HOA, gave a brief overview of the subdivision and thanked the staff and City Manager Ducay for working with him and getting this project on track. Mayor Newton opened the public hearing at 8:41 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in favor of this item and asked City Council to review her neighborhood for possible zoning changes. There were no others wishing to speak and Mayor Newton closed the public hearing 8:42 p.m. Councilmember Kelley made a motion to approve Ordinance O-22-2198, seconded by Mayor Pro Tem Lindamood. The motion to approve passed with the following vote: Ayes: 5 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Kelley, and Rigney. Absent: 2 – Councilmembers Wheat and Dodson. 6e Ordinance O-22-2199 Consideration of a Special Use Permit for a fence to encroach into the street side yard setback on Lot 6, Block 9, Woodbriar Estates Addition, located at 412 Briarcliff Court, Case ZC22-010 Mayor Newton read the caption of Ordinance O-22-2199. City Council Minutes April 19, 2022 City of Colleyville Page 10 Community Development Director Ben Bryner presented this item and stated the applicant had previously requested a Special Use Permit for a pergola and pool to encroach into the street side yard setback. With the former request, it was determined the fence currently in place, was replaced without approval or a permit and City Council determined the fence must be addressed first and tabled the SUP for the pergola and pool. Director Bryner stated this SUP is a request for an eight- foot wood fence to encroach into the street side yard setback located on the property line and approximately ten feet from the curb for Oakbriar Lane. Mayor Newton stated this item was discussed a lot at the April 5, 2022, City Council meeting. He recapped the discussion of requiring the fence to be 15 feet off the property line, which would bring the fence to the edge of the house. Mayor Newton stated at the last meeting Councilmember Kathy Wheat had expressed she was not comfortable requiring the fence to come to the corner of the porch, but would accept moving it back some from the porch and Councilmember Dodson also felt the fence would have to be moved, but an allowance for the porch would be acceptable. Mayor Newton stated he was recapping their opinions only because they were not in attendance at the meeting. Applicant Shelly Horton, 412 Briarcliff, came forward and stated she thought Councilmember Wheat was not going to require the fence to be moved and asked if she needs a majority of seven or five for approval. Mayor Newton stated the majority vote would be four. Ms. Horton asked if she should table this item. There was general discussion. Ms. Horton asked to table this item, and the remaining two items 7a and 8a. Mayor Newton stated he would like to move forward with item 8a because he believed that item would assist Ms. Horton with the remaining items. Mayor Pro Tem Lindamood made a motion to table Ordinance O-22-2199, seconded by Councilmember Nakamura. The motion to table was approved with the following vote: Ayes: 5 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Kelley, and Rigney. Absent: 2 – Councilmembers Wheat and Dodson. 7. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 7a 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 City Council Minutes April 19, 2022 City of Colleyville Page 11 This item remained tabled. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-22-4718 Consideration of a variance to the street side yard setback for Lot 6, Block 9, Woodbriar Estates Addition, located at 412 Briarcliff Court, Case VC22-001 Mayor Newton read Resolution R-22-4718 in its entirety. Community Development Director Ben Bryner presented this item, which is a variance request to allow for an approximate 17-foot encroachment for an addition of a new pool and hot tub into the required street side yard setback. Director Bryner stated the property currently has a pool in this location and the owner desires to replace it with a new pool and new hot tub. The property is zoned R-15 and the required street side yard setback is 30 feet. There was general discussion of the required side yard setbacks, and the location of the home and current pool. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 8:01 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-22- 4718, with the following amendment: Sec. 1 THAT the variance to allow for the existing single family residence and the addition of a swimming pool to encroach into the street side yard setback approximately 15 feet, located at 412 Briarcliff Court (the “Property”), as depicted in Exhibit “A”, is approved. Councilmember Kelley seconded the motion. The motion to approve was passed with the following vote: Ayes: 5 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Kelley, and Rigney. Absent: 2 – Councilmembers Wheat and Dodson. 9. CITIZEN COMMENTS Alex Stein, 7509 Inwood Road, Dallas, performed “Red Pill Colleyville”. JV Tee, 2217 Ivin Street, Dallas, presented “Don’t California My Texas”. City Council Minutes April 19, 2022 City of Colleyville Page 12 Kathy Hadley, 204 Timberline Drive North, spoke regarding mosquito spraying; the roundabout at Riverwalk and Glade, equipment parked along Brighton Oaks, and thanked the Council for all they do. Sayeda Syed, 6705 Sapphire Circle N, spoke regarding not being allowed to speak at GCISD School Board meetings and the concerns she has with the Chrome Books and software used by the students. Chris Hawkins, 4944 Lakewood Drive, spoke regarding the progress of the City and being in favor of the park path option on Bedford Road and encouraged the City Council to seek right of way from the HOA. 10. REPORTS Sign Board of Appeals Minutes - December 14, 2021 Parks and Recreation Advisory Board Minutes - January 10, 2022 Planning and Zoning Commission Minutes - February 14, 2022 Planning and Zoning Commission Worksession Minutes - February 28, 2022 Planning and Zoning Commission Minutes - March 21, 2022 Planning and Zoning Commission Worksession Minutes - March 28, 2022 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, APRIL 19, 2022 - READING AND PUBLIC HEARING - RESOLUTION R- 22-4719 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 9:33 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 3RD DAY OF MAY 2022. Minutes taken and prepared by: Christine Loven, TRMC City Secretary