HomeMy WebLinkAboutCity Council-Minutes-12/6/2022
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, December 6, 2022
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of cross-access between subdivisions
WS-2 Discussion of setting a date for a special meeting for consideration of a
Zoning Change from AG Agricultural and RE Single Family ‘Estate’
Residential to PUD-R Planned Unit Development – Residential zoning
district for Tract 1B1, 1C1, 1B2, and 1B3, Abstract 294, Robert Chowning
Survey, and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive
and 6900 Pool Road, Case ZC22-036
WS-3 Discussion of the December 6, 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 the City Attorney regarding items
on the agenda or for matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Texas Code
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities
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
7:00 P.M.
CITY COUNCIL CHAMBERS
City Council Agenda December 6, 2022
City of Colleyville Page 2
INVOCATION: Pastor Martin Richardson, Crown of Life
PLEDGE OF ALLEGIANCE:
Girl Scout Troop 1451
Megan Holladay, Troop Leader
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4793
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4794
4a Approval of the minutes of the regular City Council meeting of
November 15, 2022
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-22-2229
Consideration of a Special Use Permit for an accessory dwelling to
exceed the maximum size allowed on Lot 1, Block 1, Kramer Addition,
located at 312 White Drive, Case ZC22-037
5b Ordinance O-22-2230
Consideration of an amendment to the existing PUD-C Planned Unit
Development - Commercial district ordinance for the Winding Creek
Addition, specifically for Lots 2R and 3R, Block 1, located at 6408 and
6500 Colleyville Boulevard, Case ZC22-038
5c Ordinance O-22-2231
An ordinance amending Sections 3A and 3B of the Water and Sewer
Policy and Procedure manual as contained in the Code of Ordinances of
the City of Colleyville, Texas, adjusting water and wastewater
volumetric rates to pass through changes from the Trinity River
Authority
5d Ordinance O-22-2232
An ordinance amending Chapter 62 of the City of Colleyville Code of
Ordinance to provide for making it unlawful to possess a used catalytic
converter
City Council Agenda December 6, 2022
City of Colleyville Page 3
6a Ordinance O-22-2211
Consideration of a zoning change from AG Agricultural and RE Single
Family 'Estate' Residential to PUD-R Planned Unit Development-
Residential zoning district for Tract 1B, Abstract 1487, O C Sturm
Survey, Tracts 2A01, 2A01B, 2A07A, and 2A07A1, Abstract 1748,
James E. Weathers Survey, Lots 1 and 1A, Block 1, K Bar G Estates
Addition, Lot 1A, Block 1, Westcoat Estates, and Lots 1A2, 1B, and 1C,
Block 1, Hilley Addition, located at 6401, 6405, 6409, 6417, 6501,
6507, and 6605 Westcoat Drive, Case ZC22-020
7. TABLED RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-22-4790
Consideration of variances to the provisions of Section 3.24.G,
Schedule of District Regulations of the Land Development Code,
specifically for lot width and street side yard setback in the R-20 Single
Family Residential district, for Lot 16, Block 8, Oak Crest Hills, located
at 405 East Oak Valley Drive, Case VC22-011
8. CITIZEN COMMENTS
9. REPORTS
Planning and Zoning Commission Minutes - October 10, 2022
Planning and Zoning Commission Worksession Minutes - October 24, 2022
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
DECEMBER 6, 2022 - READING AND PUBLIC HEARING - RESOLUTION
R-22-4795
11. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday,
December 2, 2022 by 5:00 p.m.
Christine Loven, TRMC
City Secretary
City Council Agenda December 6, 2022
City of Colleyville Page 4
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, December 6, 2022
Mayor Pro Tem Wheat called the Colleyville City Council Worksession to order on
Tuesday, December 6, 2022, at 5:30 p.m.
ROLL CALL: Mayor Pro Tem Kathy Wheat and Councilmembers Brandi Elder,
George Bond, George Dodson, Chuck Kelley, and Callie Rigney.
ABSENT: Mayor Bobby Lindamood
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, Public Works Director Amber Beard, City
Attorney Whitt Wyatt, and City Secretary Christine Loven.
WS-1 Discussion of cross-access between subdivisions
Public Works Director Amber Beard presented this item noting staff has received
requests to allow rear driveways on residential properties which abut neighboring
subdivision streets and these requests have generally been denied as the Land
Development Code does not address this connectivity. She stated the traffic
impact, conflicts between HOA covenants, and potential impact on future
subdivision design, are considered when requests are made. Director Beard stated
staff is recommending adoption of a form policy prohibiting cross-access between
subdivisions.
There was general discussion of vehicular versus pedestrian traffic and the
disruption to neighborhoods. City Council directed staff to move forward with
bringing a policy to City Council for consideration.
WS-2 Discussion of setting a date for a special meeting for consideration of a
Zoning Change from AG Agricultural and RE Single Family ‘Estate’
Residential to PUD-R Planned Unit Development – Residential zoning
district for Tract 1B1, 1C1, 1B2, and 1B3, Abstract 294, Robert Chowning
Survey, and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive
and 6900 Pool Road, Case ZC22-036
City Manager Jerry Ducay and the City Council discussed a special meeting to hear
the referenced case and selected the date of Thursday, January 5, 2023 at 6:00
p.m.
City Council Minutes December 6, 2022
City of Colleyville Page 2
WS-3 Discussion of the December 6, 2022, City Council regular agenda items
City Manager Jerry Ducay noted item 6a will not be removed from the table and
residents have been notified, and identified item 5a as a first reading and an
interesting case.
Mayor Pro Tem Kathy Wheat thanked Salima Madhani for providing the City
Council with deserts this evening.
Mayor Pro Tem Wheat closed the worksession at 5:44 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 the City Attorney regarding
items on the agenda or for matters in which the duty of the attorney to the
governmental body under the Texas Disciplinary Rules of Professional
Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the
Texas Code
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities
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 Pro Tem Wheat adjourned Executive Session
at 6:44 p.m.
Mayor Pro Tem Wheat called the regular meeting of the City Council to order at
7:00 p.m. and called the roll.
ROLL CALL: Mayor Pro Tem Kathy Wheat and Councilmembers Brandi Elder,
George Bond, George Dodson, Chuck Kelley, and Callie Rigney.
ABSENT: Mayor Bobby Lindamood
INVOCATION: Pastor Martin Richardson, Crown of Life
PLEDGE OF ALLEGIANCE: Girl Scout Troop 1451,
Megan Holladay, Troop Leader
City Council Minutes December 6, 2022
City of Colleyville Page 3
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4793
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 Pro Tem Wheat and the City Council made announcements regarding City
and community events.
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-
4794
4a Approval of the minutes of the regular City Council meeting of
November 15, 2022
Mayor Pro Tem Wheat read Resolution R-22-4794 in its entirety.
There was no discussion and Mayor Pro Tem Wheat opened and closed the public
hearing without any speakers.
Councilmember Kelley made a motion to approve Resolution R-22-4794,
seconded by Councilmember Dodson.
The motion to approve passed by the following vote:
Ayes: 6 – Mayor Pro Tem Wheat and Councilmembers Elder, Bond,
Dodson, Kelley, and Rigney.
Absent: 1 - Mayor Lindamood.
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-22-2229
Consideration of a Special Use Permit for an accessory dwelling to
exceed the maximum size allowed on Lot 1, Block 1, Kramer Addition,
located at 312 White Drive, Case ZC22-037
Mayor Pro Tem Wheat read the caption of Ordinance O-22-2229.
City Council Minutes December 6, 2022
City of Colleyville Page 4
Community Development Director Ben Bryner presented this request and stated
the applicants are requesting the SUP to allow for the use of a new 8,150 s.f.
accessory dwelling, to be built on the west side of the garage, to be used as a
primary suite. The existing home is 11,615 s.f. and was built in 2000 prior to the
requirement for fire suppression. The preference by the applicant was to attach
the primary suite, but the home would have to be retrofitted for fire suppression
and the design of the interior walls of the home would be compromised.
There was general discussions regarding the suppression system requirements and
amenities within the proposed suite.
Applicants Dan and Kimberly Bresingham, 312 White Drive, provided a history of
their home, noting the house was damaged during the 2020 snow event, and
having to perform another renovation to add fire suppression would damage the
ornamental walls and would be costly.
Mayor Pro Tem Wheat stated the City Council would like to see the structure be
attached, but does understand why this may not be possible. She asked if Mr. and
Mrs. Bresingham if they would be agreeable to connect the structure by adding a
firewall and installing fire suppression to the new construction.
Mr. and Mrs. Bresingham stated they would be in agreement and attached is also
their preference.
There was discussion of the criteria to be added to the ordinance. Mayor Pro Tem
Wheat clarified with the applicants they would bring a new drawing showing the
new construction attached, with fire suppression, and a fire wall to the next
meeting for consideration.
Mayor Pro Tem Wheat opened and closed the public hearing without any speakers.
This was a first reading, therefore no action was taken.
5b Ordinance O-22-2230
Consideration of an amendment to the existing PUD-C Planned Unit
Development - Commercial district ordinance for the Winding Creek
Addition, specifically for Lots 2R and 3R, Block 1, located at 6408 and
6500 Colleyville Boulevard, Case ZC22-038
Mayor Pro Tem Wheat read the caption of Ordinance O-22-2230.
Community Development Director Ben Bryner presented this request for an
amendment to Ordinance O-09-1736, for one new office building where two
buildings are currently shown on the site plan. Director Bryner stated the previous
ordinance was approved in 2009 and the site plan shows two separate lots and
buildings. Ken Green, the applicant, is seeking approval for a new 12,382 square
City Council Minutes December 6, 2022
City of Colleyville Page 5
foot office building with a taller middle element, and to reduce the street
landscape area from 6,732 sq. ft. to 5,984 sq. ft. and a reduction in the required
20 foot landscape area along Colleyville Boulevard.
There was discussion regarding the zoning, property uses, drainage channeling,
and the location of the building within the 100 year flood plain.
Director Bryner stated the front allows retail and the back allows office space. He
also noted the property is not in the flood plain.
Ken Green, 2900 Sherwood Lane, the applicant gave a history of his 24 years of
being a Colleyville business owner and stated the current plan is for his office to
occupy 6,000 square feet, and lease the rest, however, at this time he does not
have any potential leases.
Mayor Pro Tem Wheat noted the construction materials of stone, brick and glass
give the building a clean modern look which she appreciates.
City Manager Ducay stated he had some concern for the landscape set back but
the landscaping is pleasing. Manager Ducay inquired about signage and Mr. Green
stated having a monument sign and some building signage.
Mayor Pro Tem Wheat asked Mr. Green if he could add some planters and he
agreed.
Mayor Pro Tem Wheat opened and closed the public hearing without any speakers.
This was a first reading, therefore no action was taken.
5c Ordinance O-22-2231
An ordinance amending Sections 3A and 3B of the Water and Sewer
Policy and Procedure manual as contained in the Code of Ordinances of
the City of Colleyville, Texas, adjusting water and wastewater
volumetric rates to pass through changes from the Trinity River
Authority
Mayor Pro Tem Wheat read the caption of Ordinance O-22-2231.
Finance Director Kyle Lester presented this item and gave an overview of the
process for establishing rates. He noted in 2016 the Council approved a rate
structure whereby all of the costs to operate the City’s utilities are covered by a
base rate, which makes up a customer’s minimum bill for each month. In 2017,
Council added a CIP charge to the base rate to pay for capital projects.
Director Lester stated the base and volumetric rates are reviewed and updated on
an annual basis. The new base rates are reflected in the bills sent out in October
City Council Minutes December 6, 2022
City of Colleyville Page 6
to coincide with the City's fiscal year while the new volumetric rates are reflected
in the bills sent out in January to coincide with TRA's rate change. Director Lester
noted wastewater is not metered, the wastewater rate is calculated for the months
of December through February, which is a common business practice.
Director Lester stated this year’s TRA calculations recommend an increase in the
water and wastewater rates, which, if approved, will be in effect starting with the
January billing for December's usage as follows:
Water Rates
Increasing the current water volumetric rate from $4.3430 to $4.9549.
Wastewater Rates
Increasing the current wastewater volumetric rate from $3.0663 to $3.2644.
Councilmember Dodson stated the TRA operation and maintenance budget is up
dramatically which is a direct relation to inflation.
Mayor Pro Tem Wheat explained this is a pass-through cost as TRA provides water
and wastewater treatment services to the City, as well as other cities. She stated
there are times when the rate will increase, however, the City cannot control these
costs, and the costs are divided amongst all cities served by TRA.
Councilmember Dodson reiterated the City Council did away with tiered water
rates in 2017 and the City has done a fabulous job of taking care of our water
service.
Mayor Pro Tem Wheat opened and closed the public hearing without any speakers.
This was a first reading, therefore no action was taken.
5d Ordinance O-22-2232
An ordinance amending Chapter 62 of the City of Colleyville Code of
Ordinance to provide for making it unlawful to possess a used catalytic
converter
Mayor Pro Tem Wheat read the caption of Ordinance O-22-2232.
Police Chief Michael Miller presented this item and stated the ordinance is one tool
to assist law enforcement in fighting crime. Chief Miller noted claims of catalytic
converter thefts rose nationally from 3,389 in 2019 to 14,433 in 2021, and
continues to rise. In Colleyville, since January 2021, officers have taken 36 reports
with a total of 45 catalytic converters stolen.
Mayor Pro Tem Wheat opened the public hearing.
City Council Minutes December 6, 2022
City of Colleyville Page 7
Harold Ledbetter, 6700 Pleasant Run Road spoke in opposition to the ordinance
with concern for setting a precedence locally and its usefulness as a deterrent.
Addressing proof of possession, Mr. Ledbetter noted at a state and county level,
one of the items which you must prove possession of is a vehicle, you must have
registration, show proof of insurance, etc. He stated having a vehicle is not a right,
it is a privilege, but the proposed ordinance will infringe on a right.
There were no others wishing to speak and Mayor Pro Tem Wheat closed the
public hearing.
This was a first reading, therefore no action was taken.
6. TABLED ORDINANCE(S): READING AND PUBLIC HEARING
6a Ordinance O-22-2211
Consideration of a zoning change from AG Agricultural and RE Single
Family 'Estate' Residential to PUD-R Planned Unit Development-
Residential zoning district for Tract 1B, Abstract 1487, O C Sturm
Survey, Tracts 2A01, 2A01B, 2A07A, and 2A07A1, Abstract 1748,
James E. Weathers Survey, Lots 1 and 1A, Block 1, K Bar G Estates
Addition, Lot 1A, Block 1, Westcoat Estates, and Lots 1A2, 1B, and 1C,
Block 1, Hilley Addition, located at 6401, 6405, 6409, 6417, 6501,
6507, and 6605 Westcoat Drive, Case ZC22-020
This item remained tabled.
7. TABLED RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-22-4790
Consideration of variances to the provisions of Section 3.24.G,
Schedule of District Regulations of the Land Development Code,
specifically for lot width and street side yard setback in the R-20 Single
Family Residential district, for Lot 16, Block 8, Oak Crest Hills, located
at 405 East Oak Valley Drive, Case VC22-011
Councilmember Dodson made a motion to remove Resolution R-22-4790
from the table, seconded by Mayor Pro Tem Wheat.
The motion passed by the following vote:
Ayes: 6 – Mayor Pro Tem Wheat and Councilmembers Elder, Bond,
Dodson, Kelley, and Rigney.
Absent: 1 - Mayor Lindamood.
Mayor Pro Tem Wheat read Resolution R-22-4790 in its entirety.
City Council Minutes December 6, 2022
City of Colleyville Page 8
Community Development Director Ben Bryner presented this item and stated the
applicant has provided a revised site plan and floor plan showing a street side yard
setback of approximately 18.5 feet. The plan is still showing a full 100 feet of
width for the lot with a street side yard setback of approximately 31 feet.
However, after taking into account the right-of-way dedication of 12.5 feet, the
setback is approximately 18.5 feet from the actual lot line. The previous request
was for a 10-foot street side yard setback.
Osama Nashed, Senior Associate, ANA Consultants, 500 Thompson Terrace,
representing the applicant Osama Hanna, stated the new site plan and floor plan is
as close as they can get to obtaining the 20 foot setback requested by City
Council.
Mary Hanna, applicant and owner asked the City Council to approve the presented
plan and gave a history of the property and house plan.
Mayor Pro Tem Wheat thanked the applicants for their flexibility and stated she
appreciated their willingness to compromise and to have an entrance on Oak
Valley only. She asked Mrs. Hannah if they would agree to add there will be no
access off of Bransford Road to the resolution. Mr. and Mrs. Hannah agreed to the
amendment.
Mayor Pro Tem Wheat opened the public hearing.
Harold Ledbetter, 6700 Pleasant Run Road, spoke in favor of this item and noted
the applicants made a lot of compromises.
There were no others wishing to speak and Mayor Pro Tem Wheat closed the
public hearing.
Councilmember Dodson made a motion to amend Resolution R-22-4790 to
add Sec. 2. There will be no access on to or from Bransford Road,
seconded by Councilmember Rigney.
The motion to approve with the amendment passed by the following vote:
Ayes: 6 – Mayor Pro Tem Wheat and Councilmembers Elder, Bond,
Dodson, Kelley, and Rigney.
Absent: 1 - Mayor Lindamood.
8. CITIZEN COMMENTS
Dee Kelley, 705 Hillside, spoke in opposition to the proposed changes to the
Greystone Manor case and stated concern with the notification process. Mrs. Kelley
City Council Minutes December 6, 2022
City of Colleyville Page 9
thanked the City Council for their service and time, and wished all a Merry
Christmas.
9. REPORTS
Planning and Zoning Commission Minutes - October 10, 2022
Planning and Zoning Commission Worksession Minutes - October 24, 2022
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
DECEMBER 6, 2022 - READING AND PUBLIC HEARING - RESOLUTION
R-22-4795
This resolution was not needed.
11. ADJOURNMENT
There being no further business before the City Council, Mayor Pro Tem Wheat
adjourned the meeting without objection by the City Council at 8:44 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 20TH DAY OF DECEMBER
2022.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary