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