HomeMy WebLinkAboutCity Council-Minutes-12/20/2022
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 20, 2022
WORKSESSION
5:00 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of the exterior renovation project at the City Hall/Library
Complex
WS-2 Discussion of Wayfinding Signage
WS-3 Review of Citizen Survey results
WS-4 Discussion of a Neighborhood Entrance Beautification Grant
WS-5 Discussion of the Eastpointe Terrace resolution modification
WS-6 Discussion of Resolution R-20-4563, electioneering regulations
WS-7 Discussion of the December 20, 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 551.071 - Legal - Consultation with the City Attorney regarding
Eastpointe Terrace
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
City Council Agenda December 20, 2022
City of Colleyville Page 2
REGULAR MEETING
7:00 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian
PLEDGE OF ALLEGIANCE: Councilmember George Dodson
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4796
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Proclamation in recognition of the Colleyville Heritage High School Panthers
Volleyball team 5A state championship - Mayor Lindamood and the Panters
Volleyball Team
Proclamation in recognition of Dr. David Arencebia, Colleyville Middle School
Principal - Mayor Lindamood
Presentation of the American Planning Association, Texas Chapter Certificate
of Achievement, Richard R. Lillie, FAICP Program for Planning Excellence
awarded to the City of Colleyville - Mayor Lindamood, Community
Development Director Ben Bryner, Planning Manager Jackie Reyff, and
Planner Dakari Hill
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4797
4a Approval of the minutes of the regular City Council meeting of December
6, 2022
4b Approval of an Interlocal Agreement and funding for the Metroport Teen
Court Program
4c Approval of a three year Municipal and County Government Enterprise
License Agreement (ELA), between the City of Colleyville and the
Environmental Systems Research Institute, Inc. (ESRI), in an amount
not to exceed $85,800, and authorizing the City Manager to execute the
agreement
City Council Agenda December 20, 2022
City of Colleyville Page 3
4d Approval of a Contract Services Agreement with Alderink Enterprises,
Inc. dba CI Pavement, for the FY 2023 Miscellaneous Concrete Repair, in
an amount not to exceed $600,000, inclusive of a contingency amount of
$35,000, and authorizing the City Manager to execute the agreement
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - November 2022
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a 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
6b 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
6c 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
6d 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
7. TABLED ORDINANCE(S): SECOND READING AND PUBLIC HEARING
7a Ordinance O-22-2211
CITY COUNCIL PLANS TO REMOVE THIS ITEM FROM THE TABLE
FOR DISCUSSION
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
City Council Agenda December 20, 2022
City of Colleyville Page 4
8. RESOLUTION(S): READING AND PUBLIC HEARING
8a Resolution R-22-4798
Consideration of the abandonment of four and a half feet of an existing
twelve foot drainage and utility easement for Lot 8, Block B, Westmont
Addition, located at 6812 Hillier Court, Case GC22-016
8b Resolution R-22-4799
Consideration of variances to the provisions of Section 3.24.G, Schedule
of District Regulations of the Land Development Code, specifically for the
front setback in the R-40 Single Family Residential district, for Lot 1,
Block 1, F. P. Powell Addition, located at 2203 Oak Knoll Court, Case
VC22-012
8c Resolution R-22-4800
A resolution changing the dates of regular City Council Meetings in July,
September, October, and November 2023
9. CITIZEN COMMENTS
10. REPORTS
Library Board Minutes - October 10, 2022
Sign Board of Appeals Minutes - November 8, 2022
Planning and Zoning Commission Minutes - November 14, 2022
Planning and Zoning Commission Worksession Minutes - November 28, 2022
11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
DECEMBER 20, 2022 - READING AND PUBLIC HEARING - RESOLUTION
R-22-4801
12. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday,
December 16, 2022 by 5:00 p.m.
Christine Loven, TRMC
City Secretary
City Council Agenda December 20, 2022
City of Colleyville Page 5
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 20, 2022
Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on
Tuesday, December 20, 2022, at 5:00 p.m.
ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and
Councilmembers Brandi Elder, George Bond, George Dodson, Chuck Kelley, and
Callie Rigney.
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Fire Chief Mark Cantrell, Community
Development Director Ben Bryner, Public Works Director Amber Beard, Finance
Director Kyle Lester, and City Secretary Christine Loven.
CALL TO ORDER
WS-1 Discussion of the exterior renovation project at the City Hall/Library
Complex
Public Works Director Amber Beard highlighted the project which began in early
2021 and noted this item provides an opportunity for the City Council to review
the color samples one final time and make a recommendation. Director Beard then
introduced Gaylen Laing, GHLA, Inc., the City’s design architect on the project. Mr.
Laing reviewed all of the color samples and answered questions of the City
Council.
Following review and discussion, City Council chose the color Rose Beige and
directed Mr. Laing and staff to move forward with the project.
WS-2 Discussion of Wayfinding Signage
Assistant City Manager Adrienne Lothery provided a high level overview of the
wayfinding signage project updates based on the City Council June 7, 2022
direction. She then introduced David Newman, MESA, who reviewed the vehicular
signage choices and options.
There was general discussion of cost, location, and purpose of the signage. City
Council agreed the stone signage would be appropriate and preferred in the City’s
parks and directed staff to bring back to City Council a map of specific locations for
signage, the type, cost, and visuals on the view from a vehicle.
City Council Minutes December 20, 2022
City of Colleyville Page 2
WS-3 Review of Citizen Survey results
Assistant City Manager Adrienne Lothery presented the results of the Citizen
Survey which was conducted during October and November 2022. The results
indicated there were 1,841 respondents to the survey and she noted every
respondent did not answer every question.
WS-4 Discussion of a Neighborhood Entrance Beautification Grant
Assistant City Manager Mark Wood presented a concept for a grant for a
beautification program for neighborhood entrances. He noted the goal of the
program is to partner with neighborhoods, both HOA and non-HOA, in an effort to
beautify the entire City, by proving grants for entryway improvements. If
approved, the neighborhood would complete an application and submit through
the City Manager’s Office. The landscape plans will be reviewed and the City’s
Beautification Supervisor will offer feedback and recommendations. Staff will bring
applications to the City Council for a vote via resolution. Manager Wood stated the
funding for the program is in the general capital and TIF funds.
There was discussion regarding the number of neighborhoods, HOA’s, and
homeowner responsibility for maintenance. The City Council directed staff to move
forward with the program.
WS-5 Discussion of the Eastpointe Terrace resolution modification
This item was presented after WS-6. Community Development Director Ben Bryner
presented this item stating the applicant is formally requesting consideration by
the City Council to revise the previously approved resolution to accomplish the
following:
1. Developer will install the cedar fence as detailed in the landscaping plan
along the common area lots that are HOA owned and managed (southern portion
of “Pointe Court” from Pool Road westward to Lot 1) as part of the development
portion of the project. The builder will build the fencing as shown on the
landscaping plan behind the residential lots at the time of the individual home
construction.
2. Authorize the City Manager and staff to enter into an agreement with the
developer that protects the completion of these non-public infrastructure related
requests at the developer’s expense and allows for the plat to be recorded
pursuant to City Ordinance at the time of completion and acceptance of code
related public infrastructure improvements.
Councilmember Dodson stated there were many meetings regarding this
development and the residents asked for the fences and had concerns for the
City Council Minutes December 20, 2022
City of Colleyville Page 3
road. He stated he believes it is critical the City Council maintains the
requirements, as agreed to by the developer.
Mayor Lindamood concurred with Councilmember Dodson and stated he is not in
favor of revisiting the resolution requirements.
City Council concurred.
WS-6 Discussion of Resolution R-20-4563, electioneering regulations
This item was presented before WS-5. City Manager Jerry Ducay noted there were
conflicting regulations between the electioneering resolution, the Land
Development Code, and enforceability. City Manager Ducay stated the City
Attorney has advised he believes the court rulings regarding political signage have
set a precedence and the City could move forward with updating the Land
Development Code, which would allow for repealing the electioneering resolution.
City Council agreed to revisit this item following changes to the Land Development
Code to be consistent with state law.
WS-7 Discussion of the December 20, 2022, City Council regular agenda items
Mayor Lindamood stated Greystone Manor will be removed from the table.
Mayor Lindamood closed the worksession at 6:18 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 551.071 - Legal - Consultation with the City Attorney regarding
Eastpointe Terrace
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
City Council Minutes December 20, 2022
City of Colleyville Page 4
which the City is conducting economic development negotiations; deliberate
the offer of a financial or other incentive to a business prospect
There was not action taken and Mayor Lindamood adjourned Executive Session at
6:50 p.m.
Mayor Lindamood called the regular meeting of the City Council to order at 7:02
p.m. and called the roll.
ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and
Councilmembers Brandi Elder, George Bond, George Dodson, Chuck Kelley, and
Callie Rigney.
INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian
PLEDGE OF ALLEGIANCE: Councilmember George Dodson
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4796
Mayor Lindamood read Resolution R-22-4796 in its entirety.
Assistant City Manager Mark Wood presented this item, an economic development
reimbursement BEST grant in the amount of $45,000 plus an additional amount of
up to $10,000 for Ethridge Auto Center. Manager Wood reviewed the proposed
improvements to the property which is located on Colleyville Boulevard.
Mayor Lindamood stated it is the City’s goal to utilize TIF funds to enhance
businesses located along the 26 corridor.
Mayor Lindamood opened and closed the public hearing without anyone speaking.
Councilmember Kelley made a motion to approve Resolution R-22-4796,
seconded by Councilmember Dodson.
The motion to approve passed by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
City Council Minutes December 20, 2022
City of Colleyville Page 5
Mayor Lindamood and the City Council made announcements regarding City and
community events.
Howard Rosenthal, Peace Together, thanked the City and City Council for their
assistance in the November 2022 Peace Together Walk.
Proclamation in recognition of the Colleyville Heritage High School
Panthers Volleyball team 5A state championship - Mayor Lindamood
and the Panthers Volleyball Team
Mayor Lindamood presented a proclamation to the Colleyville Heritage High School
Panthers Volleyball team and congratulated them on their 5A State Championship.
Proclamation in recognition of Dr. David Arencibia, Colleyville Middle
School Principal - Mayor Lindamood
Mayor Lindamood presented a proclamation to Dr. David Arencibia, in recognition
of being named the Outstanding 2022 Secondary School Principal of the Year, Middle
School Principal of the Year, and Region 11 Principal of the Year by the Texas
Association of Secondary School Principals and the Texas nominee and one of the top
three finalists for the National Principal of the Year by the National Association of
Secondary School Principals.
Presentation of the American Planning Association, Texas Chapter
Certificate of Achievement, Richard R. Lillie, FAICP Program for
Planning Excellence awarded to the City of Colleyville - Mayor
Lindamood, Community Development Director Ben Bryner, Planning
Manager Jackie Reyff, and Planner Dakari Hill
Mayor Lindamood recognized the work of Community Development Director Ben
Bryner, Planning Manager Jackie Reyff, and Planner Dakari Hill for earning the
American Planning Association, Texas Chapter Certificate of Achievement, Richard
R. Lillie, FAICP Program for Planning Excellence award.
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-
4797
4a Approval of the minutes of the regular City Council meeting of
December 6, 2022
4b Approval of an Interlocal Agreement and funding for the Metroport
Teen Court Program
4c Approval of a three year Municipal and County Government Enterprise
License Agreement (ELA), between the City of Colleyville and the
Environmental Systems Research Institute, Inc. (ESRI), in an amount
City Council Minutes December 20, 2022
City of Colleyville Page 6
not to exceed $85,800, and authorizing the City Manager to execute
the agreement
4d Approval of a Contract Services Agreement with Alderink Enterprises,
Inc. dba CI Pavement, for the FY 2023 Miscellaneous Concrete Repair,
in an amount not to exceed $600,000, inclusive of a contingency
amount of $35,000, and authorizing the City Manager to execute the
agreement
Mayor Lindamood read Resolution R-22-4797 in its entirety.
Nicole Porelle, Municipal Court Administrator, presented item 4b. She reviewed the
program criteria and Colleyville usage. There were no questions.
Patrick Stotts, Information Systems Manager, presented item 4c, noting the City
uses the software to collect, organize, manage, analyze, communicate, and
distribute geographical information and has been a licensee of ESRI software since
1996. There were no questions.
Public Works Director Amber Beard presented item 4d. Councilmember Dodson
asked for clarification on the contingency. Director Beard stated the $600,000
includes the three contingency amounts totaling $35,000.
Mayor Lindamood opened the public hearing.
Sayeda Syed, 6705 Sapphire Circle, spoke in reference to item 4b, stating teen
court should not be the only solution for drugs/alcohol/and paraphernalia charges.
She also stated she felt the budget should be based on usage, not evenly divided.
There were no others wishing to speak and Mayor Lindamood closed the public
hearing.
Councilmember Dodson made a motion to approve Resolution R-22-4797,
seconded by Councilmember Bond.
The motion to approve passed by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - November 2022
Finance Director Kyle Lester reviewed the November financial report, highlighting
the general fund through November, he noted the fund has collected 8% of its
City Council Minutes December 20, 2022
City of Colleyville Page 7
budgeted revenues and spent 13% of budgeted expenditures, yielding a year-to-
date deficit of about $1.2 million. This deficit is an improvement of over $2 million
over last year, due mostly to interfund capital transfers occurring in November last
year. Spending tends to be fairly consistent from month-to-month due to payroll
costs being the bulk of the City's budget whereas revenue hits much differently
due to the Fund's reliance on property tax. Staff anticipates surpluses each month
for the remainder of FY23.
Director Lester stated the City's first sales tax collection for FY23 (representing
sales made in October) came in with a slight increase of 1.3% over last October.
This represents a significant difference from the overwhelmingly positive monthly
increases the City has seen in the past several years, although it was anticipated
that these increases come back down at some point. He stated Colleyville's sales
tax has grown a total of 25%, or from $8.5 million in 2020 to a record-high $10.29
million in the last year. To some degree a similar trajectory has been seen across
both the state's collections as well as our neighbors.
Director Lester concluded his review by providing utility, drainage, and hotel fund
highlights.
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a 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 Lindamood read the caption of Ordinance O-22-2229.
Community Development Director Ben Bryner presented this item by giving a brief
review of the SUP request. Director Bryner noted at the December 6, 2022
meeting, City Council asked the applicants if they would agree to connect the
structure by adding a firewall and installing fire suppression to the new
construction. The applicants agreed and have met with City staff and an architect
to present the new plan which connects the structure via a corridor with a fire wall
which was fire suppression, as does the new addition, and the fire alarms
communicate with the corridor, new structure, and the existing structure.
Additionally, these requirements were added to the ordinance.
There was general discussion regarding the corridor, regulations, and defining the
dwelling language in the ordinance.
Applicants Dan and Kimberly Bresingham, 312 White Drive, were available to
answer questions of the City Council.
Mayor Lindamood opened and closed the public hearing without anyone speaking.
City Council Minutes December 20, 2022
City of Colleyville Page 8
Mayor Pro Tem Wheat made a motion to approve Ordinance O-22-2229,
with an amendment to change new accessory dwelling, to attached
accessory dwelling throughout the ordinance, seconded by
Councilmember Rigney.
The motion to approve passed by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
6b 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 Lindamood read the caption of Ordinance O-22-2230.
Community Development Director Ben Bryner gave a brief overview of 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
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 general discussion regarding the flood plain and the size and location of
signage.
Mayor Lindamood opened and closed the public hearing without anyone speaking.
Councilmember Rigney made a motion to approve Ordinance O-22-2230,
with an amendment the monument sign must be 8 feet from the right-of-
way, seconded by Councilmember Elder.
The motion to approve passed by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
6c 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
City Council Minutes December 20, 2022
City of Colleyville Page 9
volumetric rates to pass through changes from the Trinity River
Authority
Mayor Lindamood 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
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.
Mayor Lindamood stated the City contracts with TRA and the contract will continue
as long as there is debt.
Mayor Lindamood opened the public hearing.
Russell Carr, 6900 Reverchon Court, suggested going out to bid to use wells,
instead of contracting with TRA.
There were no others wishing to speak and Mayor Lindamood closed the public
hearing.
Councilmember Elder made a motion to approve Ordinance O-22-2231,
seconded by Councilmember Dodson.
The motion to approve passed by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
City Council Minutes December 20, 2022
City of Colleyville Page 10
6d 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 Lindamood 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.
There was general discussion regarding metal recyclers.
Mayor Lindamood opened the public hearing.
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. Mr.
Ledbetter feels passage of this ordinance takes away a right.
Adam Takacs, 317 Oak Valley Drive, spoken stated he is okay with establishing a
fine, but believes it necessary to define possession.
There were no others wishing to speak and Mayor Lindamood closed the public
hearing.
Councilmember Dodson made a motion to approve Ordinance O-22-2232,
seconded by Councilmember Rigney.
The motion to approve passed by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
Mayor Lindamood called a recess at 9:13 p.m. and reconvened at 9:24 p.m.
7. TABLED ORDINANCE(S): SECOND READING AND PUBLIC HEARING
7a Ordinance O-22-2211
CITY COUNCIL PLANS TO REMOVE THIS ITEM FROM THE TABLE
FOR DISCUSSION
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,
City Council Minutes December 20, 2022
City of Colleyville Page 11
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
Mayor Pro Tem Wheat made a motion to remove Ordinance O-22-2211
from the table, seconded by Councilmember Kelley.
The motion to remove from the table passed by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
Mayor Lindamood read the caption of Ordinance O-22-2211.
Mayor Lindamood stated everyone has a right to be heard and they will not be
rushing through this item. He also noted there have been many conversations with
the public and the developer. He noted the City Council is against high density
projects and for holding the developers and builders responsible. Mayor Lindamood
stated Colleyville is a team and this project is a work in progress.
Community Development Director Ben Bryner presented this item, providing
highlights of the meetings with the developer, updated plans, open space, traffic
study, drainage study, HOA CC and R’s, and a potential City/Developer agreement.
Mayor Lindamood opened the public. The following spoke in opposition to the
development with concerns for density, traffic, location of entrance, and general
desire for the land to remain undeveloped and preservation of the rural feel.
Dan Braswell, 6512 Westcoat Drive; Jeff Brundage, 6508 Westcoat Drive; Diane
Brundage, 6508 Westcoat Drive; Harold Ledbetter, 6700 Pleasant Run Road;
Sayeda Syed, 6705 Sapphire Circle North; Sandra Bowen, 508 Wagonwheel Court;
Christina Bealmear, 300 Stonington; Kelly Miller, 6820 Fallbrook Court; Igor
Motkin, 209 Stonington Lane; Clint Laster, 6704 Hillier Court; Roger Taylor, 210
Colden Court; Adam Takacs, 317 Oak Valley Drive; Terry McCarter, 206 Quillin
Court.
Did not speak but registered opposition: Dee Kelly, 705 Hillside.
The following spoke in support of the development:
Heidi Hughes, 411 McDonwell School Road East; Juliann Garrison, 6401 Westcoat
Drive; Richard Remley, 6803 Fallbrook Court.
Did not speak but registered support: Michael Capps, 6116 Legacy Trail.
City Council Minutes December 20, 2022
City of Colleyville Page 12
There were no others wishing to speak and Mayor Lindamood closed the public
hearing.
The Mayor, Mayor Pro Tem, and Councilmembers expressed their appreciation for
the dialog and each highlighted their desires for the project.
Curtis Young, representing the developer (applicant) stated he had an elaborate
presentation, however, given the hour, he felt it would not be in anyone’s best
interest. Mr. Young responded to some of the general comments made by citizens
and City Council. He stated almost all PUDs are 20,000 square feet; the proposed
development meets all the criteria of Destination Colleyville and is one of the
lowest density developments in the City. Mr. Young stated if the development
went forward with straight zoning, the lots would be larger than those in Oak Alley
and there is no flood plain on this property. Mr. Young spoke to the open space,
explaining the highest quality of development would be the 16.4% open space
proposed, as it equates to larger lots and is the middle ground. In closing, Mr.
Young stated his organization and the developer and have spent months meeting
with neighbors working and attempting to accommodate their requests. He also
stated all involved parties in this project, are professionals, they are not amateurs.
Councilmember Dodson made a motion to table Ordinance O-22-2211 to
January 3, 2023, seconded by Mayor Lindamood.
The motion to table to January 3, 2023 passed by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
Mayor Lindamood asked the City Council if they were willing to continue the
Council meeting beyond midnight. All voted aye.
Mayor Lindamood declared a recess at 11:25 p.m. and reconvened at 11:32 p.m.
8. RESOLUTION(S): READING AND PUBLIC HEARING
8a Resolution R-22-4798
Consideration of the abandonment of four and a half feet of an existing
twelve foot drainage and utility easement for Lot 8, Block B, Westmont
Addition, located at 6812 Hillier Court, Case GC22-016
Mayor Lindamood read Resolution R-22-4798 in its entirety.
Community Development Director Ben Bryner presented this request for the
abandonment of 4.5 feet of a 12-foot drainage and utility easement on property in
order to construct a swimming pool.
City Council Minutes December 20, 2022
City of Colleyville Page 13
There was general discussion regarding the need for the abandonment and
drainage.
John Dreiling, the applicant, explained he desires to extend the retention wall for
drainage and vegetation protection when the pool is installed.
Mayor Lindamood opened the public hearing.
Kathleen Czaicki, 201 Old Grove Road, spoke in opposition with concern for
drainage.
Sayeda Syed, 6705 Sapphire Circle, questioned the easements which are currently
in place.
There were no others wishing to speak and Mayor Lindamood closed the public
hearing.
Councilmember Rigney made a motion to approve Resolution R-22-4798,
seconded by Mayor Pro Tem Wheat.
The motion to approve passed by the following vote:
Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, and Rigney.
Nays: 1 – Councilmember Kelley
8b Resolution R-22-4799
Consideration of variances to the provisions of Section 3.24.G,
Schedule of District Regulations of the Land Development Code,
specifically for the front setback in the R-40 Single Family Residential
district, for Lot 1, Block 1, F. P. Powell Addition, located at 2203 Oak
Knoll Court, Case VC22-012
Mayor Lindamood read Resolution R-22-4799 in its entirety.
Community Development Director Ben Bryner presented the request to allow for a
proposed addition to the home with a front setback of 15 feet instead of the
required 40 feet. He noted the property is currently developed with a home and an
accessory building. In 2007, a variance was approved for an addition to encroach
25 feet into the required front yard setback of 40 feet, however, the previous
owner never built the addition.
There was discussion of the regulations for building within the flood plain.
City Council Minutes December 20, 2022
City of Colleyville Page 14
Ted Brooks, 1905 Simpson Drive, Bedford, the contractor, provided a history of
the previous owners planned garage location and then reviewed the plans which
are being requested today and why the variance is requested.
The owner, Bruce Sams, 2203 Oak Knoll Court, was also present to answer
questions of the City Council.
Mayor Lindamood opened and closed the public hearing without speakers.
Councilmember Bond made a motion to approve Resolution R-22-4799,
seconded by Councilmember Dodson.
The motion to approve passed by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
8c Resolution R-22-4800
A resolution changing the dates of regular City Council Meetings in
July, September, October, and November 2023
Mayor Lindamood read Resolution R-22-4800 in its entirety.
Mayor Lindamood stated the resolution is self-explanatory and there were no
questions.
Mayor Lindamood opening and closed the public hearing without anyone speaking.
Councilmember Kelley made a motion to approve Resolution R-22-4800,
seconded by Mayor Lindamood.
The motion to approve passed by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
9. CITIZEN COMMENTS
There was no one present wishing to speak.
10. REPORTS
Library Board Minutes - October 10, 2022
Sign Board of Appeals Minutes - November 8, 2022
Planning and Zoning Commission Minutes - November 14, 2022
Planning and Zoning Commission Worksession Minutes - November 28, 2022
City Council Minutes December 20, 2022
City of Colleyville Page 15
There was no action taken on this item.
11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
DECEMBER 20, 2022 - READING AND PUBLIC HEARING -
RESOLUTION R-22-4801
This resolution was not needed.
12. ADJOURNMENT
There being no further business before the City Council, Mayor Lindamood
adjourned the meeting without objection by the City Council at 12:21 a.m.,
December 21, 2022.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 3RD DAY OF JANUARY
2023.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary