HomeMy WebLinkAboutCity Council-Minutes-06/18/2019
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, June 18, 2019
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of health insurance renewal
WS-2 Review of FY 2020 preliminary budget projections
WS-3 Discussion of the June 18, 2019, 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 contemplated
and/or pending litigation, including:
• Glade Road eminent domain case for Parcel 150
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities, including:
• Acquisition of real property along Main Street
• Acquisition of real property along SH26
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business
prospects the City seeks to have locate, stay, or expand in the City and with
which the City is conducting economic development negotiations; deliberate
the offer of a financial or other incentive to a business prospect
REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
City Council Agenda June 18, 2019
City of Colleyville Page 2
INVOCATION: Pastor Katie Newkirk, First United Methodist
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-19-4392
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Presentation of the Medal of Valor to Colleyville Fire Department
Personnel Captain Robert Stewart, Engineer Robert Simpson, and
Firefighter Martin Mendoza - Fire Chief Mark Cantrell and Mayor
Richard Newton
In recognition of the Featured Business of the Month - Rad
Joy, facebook.com/radjoysurrendercross or instagram.com/radjoy, Owners
Rick and Jackie Drew - Mayor Richard Newton and Assistant City
Manager Adrienne Lothery
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4393
4a Approval of the minutes of the regular City Council meeting of June 4,
2019
4b Approval to purchase 43 X26P model Tasers in an amount not to
exceed $53,192, from Axon Enterprise, Inc., and declaring the X26
model Tasers currently in use obsolete and providing for destruction
4c Approval to change the funding source for the stormwater master plan
project
4d Approval of a professional services agreement with Garver, in an
amount not to exceed $97,303 for the design of the Supervisory
Control and Data Acquisition (SCADA) project, and authorize the City
Manager to execute the agreement
5. ITEMS NOT FOR CITY COUNCIL ACTION
Monthly Financial Report - May 31, 2019
City Council Agenda June 18, 2019
City of Colleyville Page 3
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-19-2080
Consideration of a Special Use Permit (SUP) for an Accessory Dwelling
on Lot 30R, Block 1, of the Montclair Parc Addition, located at 5305
Miramar Lane, Case ZC19-002
6b Ordinance O-19-2081
Consideration of a zoning change from AG Agricultural district to R-40
Single Family Residential district on Lot 1, Block 1, of the J.M. Presley
Addition and 17.5 feet along the east boundary, located at 2308 Glade
Road, Case ZC19-003
6c Ordinance O-19-2082
Consideration of a zoning change from AG Agricultural district to R-20
Single Family Residential district on Tracts 1A01 and Tract 1A02,
Abstract 1619, in the S C H Witten Survey, located at 2001 Hall-
Johnson Road, Case ZC19-004
7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
7a Ordinance O-19-2084
Amending the City of Colleyville Code Of Ordinances, Chapter 6 –
Alcoholic Beverages, by amending Section 6-5
7b Ordinance O-19-2085
Amending the Code of Ordinances, Part II, Chapter 2, Section 2-26;
specifically amending Section 18-22 – Permit Issuances; Table 3-A –
Building Permit Fees
8. RESOLUTION(S): READING AND PUBLIC HEARING
8a Resolution R-19-4394
Creating a Pedestrian Transportation Ad Hoc Committee, establishing
responsibilities, appointing a Chair
9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
10. REPORTS
Colleyville Library Board Minutes - April 8, 2019
City Council Agenda June 18, 2019
City of Colleyville Page 4
11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 18,
2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4395
12. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, June 14,
2019 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, June 18, 2019
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, June 18, 2019, at 5:35 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie
Rigney.
ABSENT: Councilmember Chuck Kelley
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief
Mark Cantrell, Human Resources Director Jesse Perez, Community Development
Director Ben Bryner, Public Works Director Ray Silva-Reyes, Community Relations
Specialist Erin Spicer, City Attorney Whitt Wyatt, and City Secretary Christine
Loven.
WS-1 Discussion of health insurance renewal
Human Resources Director Jesse Perez provided an overview of the process used
to seek requests for proposals on the City’s benefits. He noted HUB International
is the City’s insurance brokerage firm and explained the health and dental
insurance was up for renewal this year. Director Perez introduced Andrew
Weegar, Employee Benefits Specialist, HUB International, who reviewed the
results of the requests for proposal and the recommendation for renewal with Blue
Cross and Blue Shield of Texas (BCBSTX).
Mr. Weegar stated the objectives of the RFP required alignment with the City’s
objectives, demonstration of superior member service and claims processing; an
ability to proactively meet the City’s service needs; a willingness, experience and
capability to effectively administer the programs; ability to provide support during
the implementation process; and options to manage costs.
Mr. Weegar stated plan performance is a large part of the renewal process and a
loss ratio at or above 85% generally equals a very high cost increase. At the time
of the RFP the City’s loss ratio was 88% due to high usage in December and
January. Mr. Weegar stated originally BCBSTX quoted a 16.7% increase as the
plan performance exceeded their target loss ratio. Through negotiation, the offer
was reduced due to positive plan performance during the February through April
months leading into the renewal.
City Council Minutes June 18, 2019
City of Colleyville Page 2
Mr. Weegar stated HUB quoted alternative plan designs which included changes to
deductibles, out of pocket maximums, and copays, but the cost savings did not
warrant a change at this time. Mr. Weegar recommended renewal with BCBSTX at
a negotiated 7% increase and move the dental to BCBSTX for an additional 1%
reduction in medical premiums.
Councilmember Dodson asked if employees are aware of Good RX, a free program
for reduced prescriptions. Mr. Weegar stated HUB offers a program similar to
Good RX and Director Perez stated the City utilizes Compass, which is a concierge
program for employee use that researches costs for prescriptions, procedures, and
alternatives. Additionally, the City participates in a wellness program through
Baylor Scott and White. The cost of the wellness program is offset by a $10,000
credit from BCBSTX.
Mayor Pro Tem Lindamood stated Cigna quoted without an increase in premiums
over BSBSTX and asked why the recommendation is BCBSTX with an increase.
Mr. Weegar stated there is great risk in contracting for one year with a provider
because increases are based on longevity, performance, and rate caps. It is the
practice of carriers to buy up business and then double the percentage of increase
in the following year.
There was general discussion regarding health insurance carriers, the possibility of
investigating an HSA for dental, and loss ratios.
WS-2 Review of FY 2020 preliminary budget projections
Assistant City Manager Mark Wood reviewed the last three years of significant
budgeting efforts: FY 2017 - the $1.2 million transfer from Utility Fund to General
Fund was eliminated and absorbed via operational efficiencies and staffing
reductions; FY 2018 - operational efficiencies to absorb cost increases were
continued and the only significant expenditure increase was fully funding the
market increases to implement the Compensation and Classification study, and
elimination of vacant positions; FY 2019 – Effective tax rate achieved, adapt
processes to sustain leaner staffing model which allowed the absorption of health
insurance cost increases with savings from eliminated positions, and continued
operational efficiencies to absorb operating cost increases.
Manager Wood stated the goal of the FY2020 budget is to better align capital
expenditures with capital funds, and continue operational efficiencies to absorb
operating cost increases. In reviewing the preliminary numbers, Manager Wood
stated the projection allows an effective tax rate, absorption of health insurance
increases, continuation of the HRA program, funding pool for merit increases at
3.5% and market adjustments of 2% for 18 employees.
Manager Wood stated all projections are very conservative, noting the ad valorem
increase is projected for new growth only, and sales tax is projected at 1%. He
City Council Minutes June 18, 2019
City of Colleyville Page 3
noted the recent state legislation which reduces the collection of franchise fees by
about $300,000. Manager Wood said the projected budget has also provided for
this anticipated loss of the $300,000. Manager Wood finished the preliminary
review,oting there will be some adjustments as City Council and staff finalize the
budget which will be adopted in September.
WS-3 Discussion of the June 18, 2019, City Council regular agenda items
Mayor Newton stated he has met with the applicant for item 6b, Ordinance O-19-
2018, zoning change at 2308 Glade Road, and they are still working on ownership
of the 17.5 foot strip of land and they have asked for the item to be tabled.
Mayor Newton adjourned the worksession at 6:30 p.m.
Mayor Newton called the Executive Session to order at 6:30 p.m. and called the
roll.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie
Rigney.
ABSENT: Councilmember Chuck Kelley
1. EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised
by items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding contemplated
and/or pending litigation, including:
• Glade Road eminent domain case for Parcel 150
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities, including:
• Acquisition of real property along Main Street
• 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
Mayor Newton explained the Executive Session had been called in accordance with
the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal,
City Council Minutes June 18, 2019
City of Colleyville Page 4
Section 551.072, Real Estate, and Section 551.087, Economic Development. He
further explained there would be no decisions made or action taken during this
time. Executive Session was adjourned at 7:14 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:35 p.m.
INVOCATION: Pastor Katie Newkirk, First United Methodist
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-19-4392
Mayor Newton read Resolution R-19-4392 in its entirety.
Assistant City Manager Adrienne Lothery advised the Economic Development
Agreement is an incentive which will allow The Londoner building to be demolished
and staff anticipates coming forward with a separate agreement for Chick-Fil-A
who will be building on the site.
Mayor Pro Tem Lindamood stated for the record he had bid and was the low bidder
for the demolition of the building, but withdrew when he was advised the City
would provide an incentive.
Mayor Newton clarified for the record, the current agreement is for the owner of
the property to remove the old building. It is anticipated Chick-Fil-A will then
lease the property and construct a restaurant. At that time, there will be another
agreement considered with Chick-Fil-A.
Mayor Newton opened the public hearing at 7:42 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 7:42 p.m.
Councilmember Dodson made a motion to approve Resolution R-19-4392
and Councilmember Rigney seconded the motion.
The motion to approve carried by the following vote:
Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, and Rigney.
Absent: 1 – Councilmember Kelley
City Council Minutes June 18, 2019
City of Colleyville Page 5
EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND
TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN
EXECUTIVE SESSION - RESOLUTION R-19-4392-1
Mayor Newton read Resolution R-19-4392-1 in its entirety.
Assistant City Manager Mark Wood advised the four parcels to be purchased total
10,180 square feet and are located adjacent to the City Plaza which is under
construction. The City had the property appraised last fall, at which time the
property appraised for $204,000 and was listed at $200,000, ($19.65 sq. ft.)
Through negotiation, staff is able to purchase the property for $180,000 ($17.68
sq. ft.), with the intent of constructing parking to replace the spaces eliminated
with the City Plaza construction.
Mayor Newton stated he was Mayor when The Village was being constructed and
providing parking was part of the original project plan. He stated this is an
opportunity to get back the parking spaces removed with the City Plaza and
strategically provide parking in The Village. Mayor Newton stated as long as the
parcels are used for a public use, VOA dues are waived, meaning as a parking lot,
this property is public use and association dues will not be charged, however, if
the use ever reverts to a private use, association dues will be charged. Mayor
Newton noted VOA President Joseph Holtshouser was in Council Chambers and he
had nodded his agreement of the terms.
Mayor Newton opened the public hearing at 7:48 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 7:48 p.m.
Councilmember Wheat made a motion to approve Resolution R-19-4392-1
and Councilmember Dodson seconded the motion.
The motion to approve carried by the following vote:
Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, and Rigney.
Absent: 1 – Councilmember Kelley
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 Councilmembers made the following announcements:
Sales Tax Rebounds: There was a decline in sales tax for March, but the report
for April shows a rebound with an increase of 5.38% in the General Fund and
City Council Minutes June 18, 2019
City of Colleyville Page 6
Colleyville Economic Development Corporation and a 7.23% increase in the
Colleyville Crime Control and Prevention District. Full details will be given during
the financial report.
Stars and Guitars Event June 21: Colleyville’s annual patriotic celebration will
be held June 21, on the north lawn at Colleyville Center. This year’s event
features the award winning country crooner John Michael Montgomery who will
sing two-decades worth of hits including “I Swear,” “Be My Baby Tonight,” “I Love
the Way You Love Me,” and “Sold (The Grundy County Auction Incident).” The
concert will begin at 8 p.m. Fireworks will immediately follow the show. Food
trucks will be lined up on Riverwalk Drive at 6:30 p.m. Lawn chairs and blankets
are welcome. General seating is free.
Win a Chance to Meet John Michael Montgomery: The City is running a
Facebook contest for a chance to meet John Michael Montgomery at Friday’s Stars
and Guitars event. To enter, find the contest post on the City of Colleyville’s
Facebook page and comment with the title of your favorite John Michael
Montgomery song. Entries are due in by noon on Thursday, and a winner will be
selected at random. Only one entry per person. We will contact the winner via
Facebook with the details for the meet and greet. The winner must be a Colleyville
resident and follow the City of Colleyville on Facebook.
Farmers Market: The Farmers Market will not be held this June 20 as we will be
setting up for our Stars and Guitars event at the Colleyville Center.
Event Planning for Fall Underway: Staff is currently working on introducing a
new event this fall. While in the planning stage, the event would take the form of a
Fine Arts Fair and would include local artisans. As part of this activity, we are
looking at a wine tasting event that would invite our local wine providers to
participate. The event would be held in November.
Mosquito Arbovirus Report: The Tarrant County Public Health Department
regularly tests for West Nile in mosquito collection samples. So far this season
1,349 mosquito pools have been tested with no positive cases of West Nile found.
If a virus has been detected at a single test site on two separate occasions, within
the same season, the trap location will receive a targeted application of adulticides
and will continue to do so for the remaining duration of season in response to
additional positive virus samples. With a confirmed human case or four mosquito
samples at one location, the City Manager is authorized to initiate a larger
application of adulticide utilizing truck mounted fogging equipment to apply within
public rights-of-way.
32 Village Lane Fire: The City is working with the owner of 32 Village Lane to
remove the damaged structure within the next few weeks. The delay in removing
the structure has related to the fire department investigation process. As our
City Council Minutes June 18, 2019
City of Colleyville Page 7
department has completed this process the structure is tentatively slated for
removal June 30.
Webb House Nearly Complete: If you have the chance, drive by the Webb
House (at Bransford and LD Lockett) and check out the newly renovated structure.
Landscaping will be completed in the coming weeks. The trail connection and
public restroom facilities will be open soon.
Mayor Newton recognized Mayor for a Day Daniel Thomas was in Council
Chambers and asked him to assist with the presentations.
Presentation of the Medal of Valor to Colleyville Fire Department
Personnel Captain Robert Stewart, Engineer Robert Simpson, and Firefighter
Martin Mendoza - Fire Chief Mark Cantrell and Mayor Richard Newton
Fire Chief Mark Cantrell and Battalion Chief Tim Folden recognized Captain Robert
Stewart, Engineer Robert Simpson, and Firefighter Martin Mendoza for their heroic
rescue efforts in saving the lives of other firemen May 8, 2019 when assisting the
Keller Fire Department at a structure fire. Chief Cantrell stated to his knowledge,
this is the first time the Medal of Valor has been presented to a Colleyville Fire
Fighter.
In recognition of the Featured Business of the Month - Rad
Joy, facebook.com/radjoysurrendercross or instagram.com/radjoy, Owners
Rick and Jackie Drew - Mayor Richard Newton and Assistant City
Manager Adrienne Lothery
Mayor Richard Newton, Councilmember Nakamura and Assistant City
Manager Adrienne Lothery recognized Rick and Jackie Drew, owners of Rad Joy.
Mr. and Mrs. Drew thanked the City Council and stated they believed the Lord has
placed them in Colleyville and blessed them with this business and purpose.
Recognition of the Colleyville Heritage Panther Baseball Team - Mayor
Newton and Mayor Pro Tem Lindamood welcomed and recognized the Colleyville
Heritage High School Panther Baseball team and coaches. Colleyville Heritage
Panthers for the first time in the history of Panther Baseball won the 2019 Texas
High School 5A Baseball Championship. The players and coaches introduced
themselves and thanked the City Council for the recognition.
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4393
4a Approval of the minutes of the regular City Council meeting of June 4,
2019
City Council Minutes June 18, 2019
City of Colleyville Page 8
4b Approval to purchase 43 X26P model Tasers in an amount not to exceed
$53,192, from Axon Enterprise, Inc., and declaring the X26 model
Tasers currently in use obsolete and providing for destruction
4c Approval to change the funding source for the stormwater master plan
project
4d Approval of a professional services agreement with Garver, in an
amount not to exceed $97,303 for the design of the Supervisory Control
and Data Acquisition (SCADA) project, and authorize the City Manager
to execute the agreement
Mayor Newton read Resolution R-19-4393 in its entirety.
Police Chief Michael Miller briefed the City Council regarding item 4b. Chief Miller
stated the X26 Taser will no longer be serviceable after December 31, 2019. All
43 Tasers will be replaced and the funding is available due to salary savings. Chief
Miller stated the X26 will also need to be declared obsolete and be destroyed as
per standards.
Councilmember Dodson asked if there was a purchase program available for the
Tasers, noting the City did not go out to bid for this item. Chief Miller explained
the vendor is a sole source. Councilmember Dodson asked why the warranty was
not purchased on the Tasers. Chief Miller stated there is seldom anything that
goes wrong with the Tasers and does not warrant the expense.
Public Works Director Ray Silva-Reyes briefed the City Council regarding item 4c,
stating the original TIF Plan includes funding for drainage related projects,
therefore the request is to use the TIF instead of drainage funds.
Public Works Director Ray Silva-Reyes briefed the City Council regarding item 4d,
explaining the SCADA system is a distributed computer system used by operations
and management personnel for process monitoring and automation. Approval of
this project will improve system efficiency through the incorporation of new
technology that provides for more comprehensive operations and system
monitoring, increased security, and remote monitoring and control.
Mayor Newton asked Director Silva-Reyes how long it would take to design and
install and if the funding was for design. Director Silva-Reyes said the design and
install should take approximately two months. Mayor Newton stated in the scope
of service he noticed the 45’ antenna on the service center is to be moved to the
Justice Center and asked why. Director Silva-Reyes stated is was his decision to
place all of the IT requirements in one place which requires relocation of the
central SCADA from the Service Center to the Justice Center. Director Silva-Reyes
stated this move will provide SCADA connectivity for water quality monitors at an
City Council Minutes June 18, 2019
City of Colleyville Page 9
existing elevated storage tower, and provide SCADA connectivity for groundwater
monitors at three locations.
Mayor Newton opened the public hearing at 8:31 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:31 p.m.
Councilmember Dodson made a motion to approve Resolution R-19-4393
and Councilmember Rigney seconded the motion.
The motion to approve carried by the following vote:
Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, and Rigney.
Absent: 1 – Councilmember Kelley
5. ITEMS NOT FOR CITY COUNCIL ACTION
Monthly Financial Report - May 31, 2019
Assistant City Manager Mark Wood reviewed the financial report for May noting
this update is eight months or 67% into the fiscal year. Manager Wood noted
88% of the projected revenue has been received and our expenditures are at
63%, which puts us in a very good position.
Manager Wood reviewed the sales tax collection, noting there is a two month lag
in reporting, however the General Fund is up 5.38% ($15,300) compared to the
same month last year; Colleyville Economic Development Corporation (CEDC)
Fund is also up 5.38% ($7,639) compared to the same month last year and the
Colleyville Crime Control & Prevention District (CCCPD) Fund is also up 7.23%
($9,588) compared to the same month last year.
Manager Wood reviewed each fund, noting all funds are on track, pointing out our
water volumetric is almost 50% less compared to last year because of all the rain.
Mayor Newton noted the largest share of the drainage fund is for staff. Manager
Wood concurred, noting public works and GIS staffing is paid from this fund and
reminded the public the City Manager formed a Drainage Committee that
documents all complaints, investigations, and responses before closing the
complaint.
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-19-2080
Consideration of a Special Use Permit (SUP) for an Accessory Dwelling
on Lot 30R, Block 1, of the Montclair Parc Addition, located at 5305
Miramar Lane, Case ZC19-002
City Council Minutes June 18, 2019
City of Colleyville Page 10
Mayor Newton read the caption of Ordinance O-19-2080.
Community Development Director Ben Bryner presented the item, stating there
were no changes since the first reading. The SUP request is for a pool house with
a kitchen, which is why the SUP is requested and the request complies with all
requirements of the Land Development Code.
Councilmember Dodson asked Director Bryner if the no rental condition which was
discussed at the June 4, 2019, meeting had been included in the ordinance.
Director Bryner replied he does not believe it has been added. Mayor Newton
stated the language could be added in the motion to approve the Ordinance.
Mayor Newton opened the public hearing at 8:46 p.m.
Rodney Owens, 5305 Miramar Lane, applicant, advised he spoke before City
Council at the June 4, 2019, meeting and had advised the Council the Montclair
Parc covenants also do not allow the structure to be rented and he understands
and appreciates the Council’s concerns and he agrees to adding language to the
ordinance.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 8:49 p.m.
Councilmember Nakamura made a motion to approve Ordinance O-19-2080 with
the following amendment language added: The accessory dwelling shall be for
single family use and there will be no rental allowed of the dwelling.
Councilmember Wheat seconded the motion.
The motion to approve carried by the following vote:
Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, and Rigney.
Absent: 1 – Councilmember Kelley
6b Ordinance O-19-2081
Consideration of a zoning change from AG Agricultural district to R-40
Single Family Residential district on Lot 1, Block 1, of the J.M. Presley
Addition and 17.5 feet along the east boundary, located at 2308 Glade
Road, Case ZC19-003
Mayor Newton read the caption of Ordinance O-19-2081.
Mayor Newton stated he had a meeting with the applicant, who is not quite ready
to move forward and asked for this item to be tabled.
City Council Minutes June 18, 2019
City of Colleyville Page 11
There was no discussion.
Mayor Newton opened the public hearing at 8:51 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:51 p.m.
Councilmember Dodson made a motion to table Ordinance O-19-2081 and
Councilmember Wheat seconded the motion.
The motion to table carried by the following vote:
Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, and Rigney.
Absent: 1 – Councilmember Kelley
6c Ordinance O-19-2082
Consideration of a zoning change from AG Agricultural district to R-20
Single Family Residential district on Tracts 1A01 and Tract 1A02,
Abstract 1619, in the S C H Witten Survey, located at 2001 Hall-Johnson
Road, Case ZC19-004
Mayor Newton read the caption of Ordinance O-19-2082.
Community Development Director Ben Bryner presented this item, stating at the
June 4, 2019, meeting, the applicant stated the old home will be removed and City
Council had asked for the applicant to consider R-30 zoning. Director Bryner
stated if R-30 zoning is sought, the setbacks are still met and can be platted for a
single lot.
Mayor Newton called on applicant Nancy Scott, 247 Fountainview Drive, Euless,
asking Ms. Scott if she would be agreeable to the R-30 zoning which means the lot
could not be split. Ms. Scott was in agreement with the R-30 zoning.
Mayor Newton opened the public hearing at 8:56 p.m.
Kathy Hadley, 204 Timberline North, spoke in opposition to the item stating she
would prefer to see R-40 zoning in an attempt to preserve the rural atmosphere.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 8:58 p.m.
Mayor Newton advised Mrs. Hadley if the applicant requested R-40 zoning, she
would also have to request a waiver to the setbacks and the R-30 zoning can be
accomplished without a waiver.
City Council Minutes June 18, 2019
City of Colleyville Page 12
Mayor Pro Tem Lindamood made a motion to approve Ordinance O-19-
2082, amending the zoning to R-30, and Councilmember Rigney seconded
the motion.
The motion to approve with the amendment carried by the following vote:
Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, and Rigney.
Absent: 1 – Councilmember Kelley
7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
7a Ordinance O-19-2084
Amending the City of Colleyville Code Of Ordinances, Chapter 6 –
Alcoholic Beverages, by amending Section 6-5
Mayor Newton read the caption of Ordinance O-19-2084.
City Manager Jerry Ducay presented this item noting the City Council considered
this item at several worksessions and directed to move forward with an ordinance
change. Manager Ducay stated the current alcohol to non-alcohol ratio
requirement is 40/60 and other area cities percentages are 75/25; 60/40 and
50/50 alcohol/nonalcoholic. This amendment to the Colleyville ordinance will
provide for a 60/40 alcohol to non-alcohol ratio. Manager Ducay noted the
requirement of an SUP to sell alcohol remains in place and the City Attorney is
working on definitions and Land Development Code changes.
Mayor Newton asked staff what is driving the thought to make a change to the
60/40. Manager Ducay stated the question is are we foregoing business
opportunities because of the limitation and do we have businesses who are
currently incorrectly reporting because they cannot meet the ratio. Mayor Newton
asked for an example where Colleyville has forgone such a business. Mayor
Newton also stated he believes Colleyville restaurants current experience is 50/50.
Assistant City Manager Mark Wood explained the reporting process of receipts.
Mayor Newton asked why we are going to 60/40 instead of 50/50. He further
asked what the risks are because he has concerns about the possibility of allowing
businesses which are not a good fit for Colleyville, such as a bar.
Councilmembers expressed their desire to move forward with the 60/40, noting we
have SUP’s in place to regulate the type of establishments, and there is a belief
local restaurants are having a hard time meeting the 40/60.
Mayor Newton stated he feels the restaurants desiring higher alcohol percentages
will have cheaper food. There was discussion of the Katy Trail Ice House, and at
City Council Minutes June 18, 2019
City of Colleyville Page 13
the request of the Mayor, staff will provide photographs and the menu for the
restaurant at the next meeting.
Mayor Newton opened the public hearing at 9:13 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 9:13 p.m.
This was a first reading, therefore, Council did not take any action.
7b Ordinance O-19-2085
Amending the Code of Ordinances, Part II, Chapter 2, Section 2-26;
specifically amending Section 18-22 – Permit Issuances; Table 3-A –
Building Permit Fees
Mayor Newton read the caption of Ordinance O-19-2085.
Community Development Director Ben Bryner presented this item stating the
amendment is required immediately as the legislature passed HB852 which
prohibits municipalities from calculating residential permit fees based on valuation
of the project, which is the current method shared by most north Texas
cities. Director Bryner stated this mandate applies to any residential project
requiring a building permit. Director Bryner reviewed the proposed fee schedules,
noting the schedule proposes $1.00/s.f. for new homes and additions, and
$0.80/s.f. for remodels and accessory structures. He also stated staff is proposing
a Homestead Exemption which allows for a 50% discount on permit fees which
would apply in situations where the property owner occupies the home and is
acting as the general contractor for the project and would not apply to new single-
family home permits. Director Bryner noted the proposals are in alignment with
the cities of Hurst, Euless, Bedford, and North Richland Hills.
Director Bryner and the City Council discussed sample cost scenarios under the
new fees compared to the previous fees. Mayor Newton asked what the current
average permit fee on a new home is, to which Director Bryner replied $13,000-
$19,000, based on a 6,000 to 9,000 square foot home. Director Bryner clarified
the range included impact fees which are not being considered here. He will
review issued permits and provide updated information.
Director Bryner stated in going through this process the commercial permit fees
were also reviewed and it was discovered Colleyville is below market compared to
surrounding fees. He stated they are proposing commercial fees for Council
consideration at this time, but clarified commercial is for consideration, while the
residential fees are mandatory per HB852.
Council agreed commercial should be revised at this time. Director Bryner stated
he will provide additional permit analysis, without impact fees at the next meeting.
Mayor Newton opened the public hearing at 9:26 p.m.
City Council Minutes June 18, 2019
City of Colleyville Page 14
Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the cost of
permits when repairing their property. Mayor Newton clarified the permit is not
necessary to repair property. Mrs. Hadley thanked the Mayor for the clarification.
There were no others wishing to speak and Mayor Newton closed the public
hearing at 9:26 p.m.
This was a first reading, therefore, Council did not take any action.
8. RESOLUTION(S): READING AND PUBLIC HEARING
8a Resolution R-19-4394
Creating a Pedestrian Transportation Ad Hoc Committee, establishing
responsibilities, appointing a Chair
Mayor Newton read Resolution R-19-4394 in its entirety.
Assistant City Manager Adrienne Lothery presented this item stating this ad hoc
committee is being created to bring together a strategy for sidewalks and trails,
and create an updated map.
Mayor Newton stated the 2017 Sidewalks Ad-Hoc Committee had done a good job
in creating a policy by attaching the policy to the 2008 sidewalk map. At that time
the Mayor stated that the next step would be to update the 2008 sidewalk map.
However, due to the confusion over trails and sidewalks, Mayor Newton said this
Pedestrian Transportation Ad Hoc Committee will create a single sidewalk and trail
map, identify and prioritize need for interconnectivity within neighborhoods and
intra-connectivity between neighborhoods and communal destinations, provide
recommendations and rationale for determining which sidewalks or trails should be
completed first, and identify grant funding sources.
Mayor Newton stated there will be three members from the Parks and Recreation
Advisory Board and four members at-large appointed.
Mayor Newton opened the public hearing at 9:34 p.m.
Kathy Hadley, 204 Timberline North, asked City Council to designate sidewalks for
walkers only, not for bikers and skateboarders.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 9:35 p.m.
There was discussion regarding the designation of use and the structure which will
be used for the ad hoc committee recommendations going before City Council.
City Council Minutes June 18, 2019
City of Colleyville Page 15
Councilmember Nakamura made a motion to approve Resolution R-19-
4394 and Mayor Pro Tem Lindamood seconded the motion.
The motion to approve carried by the following vote:
Ayes: 6 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, and Rigney.
Absent: 1 – Councilmember Kelley
9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
Kathy Hadley, 204 Timberline North, discussed lane markings on Glade Road, the
ducks and geese on Bluebonnet and Riverwalk Drives, assistance to local
businesses, flood damage and bathrooms at the Nature Center, and the volume of
the broadcast over Spectrum.
10. REPORTS
Colleyville Library Board Minutes - April 8, 2019
This item was not discussed.
11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 18,
2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4395
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 9:50 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 2ND DAY OF JULY 2019.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary