HomeMy WebLinkAboutCity Council-Minutes-01/21/2020
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, January 21, 2020
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of permit fees (old v new calculations)
WS-2 Discussion of Land Development Code changes to provide for Cannabidiol
(CBD) stores as a special use
WS-3 Discussion of the electioneering and calling an election resolutions
WS-4 Discussion of the January 21, 2020, 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 January 21, 2020
City of Colleyville Page 2
INVOCATION: Paul Vigiletti, Good Shepherd Catholic Church
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-20-4461
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
In recognition of the Featured Business of the Month - Desserts Rx -
8300 Precinct Line Road #104, Dorothy Warda, Owner - Mayor
Richard Newton and Assistant City Manager Adrienne Lothery
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4462
4a Approval of the minutes of the regular City Council meeting of
January 7, 2020
4b Approval of an Interlocal Agreement with Tarrant County for the
rehabilitation of Bogart Drive, Cherry Lane, Jim Mitchell Trail East, Jim
Mitchell Trail West, Lloyd Circle, Maranatha Court, Rose Street, and
Thompson Terrace, and authorizing the City Manager to execute the
agreement
4c Approval of an amendment to the Professional Services Agreement
with Kimley-Horn and Associates, Inc., amending the design
parameters of the John McCain at Westcoat Roundabout Project to
include extending the trail limits on John McCain Road, culvert
extension and safety improvements, enclosed storm drain system,
lighting plan, and traffic control sheets in an amount not to exceed
$65,900, and authorizing the City Manager to execute the
amendment
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - December 2019
City Council Agenda January 21, 2020
City of Colleyville Page 3
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-20-2107
Consideration of a zoning change from AG Agricultural to R-40 Single
Family Residential on Tracts 2F3 & 2F5, Abstract 1692, in the Joseph
White Survey, located at 704 Shelton Drive, Case ZC19-020
6b Ordinance O-20-2108
Consideration of an amendment to the PUD-R Planned Unit
Development-Residential zoning district regarding driveways and
private walkways for the Carmel Place Estates subdivision, being Lots
1-9 and Lots 10X, 11X, and 12X, Block 1, Carmel Place Estates,
located at 4800 – 4920 Carmel Place, Case ZC19-021
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-20-4463
Approval of a resolution calling a General Election for the purpose of
electing City Councilmembers to Place 3 and Place 4
7b Resolution R-20-4464
Approval of a resolution designating an electioneering location at
Colleyville City Hall
8. CITIZEN COMMENTS
9. REPORTS
Planning and Zoning Commission Worksession - March 25, 2019
Planning and Zoning Commission - March 25, 2019
Planning and Zoning Commission - April 8, 2019
Planning and Zoning Commission Worksession - April 22, 2019
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR January
21, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-
4465
11. ADJOURNMENT
City Council Agenda January 21, 2020
City of Colleyville Page 4
I hereby certify this agenda was posted on City Hall bulletin boards Friday, January
17, 2020 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, January 21, 2020
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, January 21, 2020, at 5:30 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Chuck
Kelley.
ABSENT: Councilmember Callie Rigney.
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief
Mark Cantrell, Community Development Director Ben Bryner, Public Works
Director Ray Silva-Reyes, Parks and Recreation Director Lisa Escobedo, Finance
Director Kyle Lester, Library and Special Events Director Mary Rodne, Colleyville
Center Manager Leslie Hill, Community Relations Specialist Erin Spicer, City
Attorney Whitt Wyatt, and City Secretary Christine Loven.
WS-1 Discussion of permit fees (old v new calculations)
Community Development Director Ben Bryner stated this review compares the
City’s previous fee calculations and collections before the passage of H.B. 852 in
2019, which caused the City to revise the City’s permit fee schedule for residential
permits. The new bill prohibited municipalities from calculating residential permit
fees based on valuation of the project, which was the previous method for
Colleyville and several other north Texas cities, and requires it to be based on
square footage. This change applied to any residential project that requires a
building permit.
Since September 2019, staff has been tracking all permits to provide for the
comparison. There was general discussion regarding the fees and the City’s
philosophical principal of covering the cost of services provided by the City while
also being conservative. Data to date indicates the new fee structure is projected
to generate about the same amount of fees as was previously generated.
However, the trends in new home construction and remodeling are changing,
therefore City Council directed staff to continue tracking and evaluating the fees,
and to bring another update before the Council at a future meeting.
City Council Minutes January 21, 2020
City of Colleyville Page 2
WS-2 Discussion of Land Development Code changes to pro vide for Cannabidiol
(CBD) stores as a special use
Community Development Director Ben Bryner presented this item, stating the City
has received several requests to locate a CBD store in Colleyville. As the Land
Development Code (LDC) does not identify a CBD store use in the Schedule of
Permitted Principal Uses chart, there was discussion of State regulations, the
potential for litigation and enforcement, and zoning. City Council directed staff to
evaluate a proper zoning district with a special use permit.
WS-3 Discussion of the electioneering and calling an election resolutions
City Secretary Christine Loven presented this item and answered questions of the
City Council. City Council provided direction regarding the definition of
electioneering, the number and size of signs allowed in the electioneering location
and City parking lots, and the number of canopies and tents allowed.
WS-4 Discussion of the January 21, 2020, City Council regular agenda items
There was no discussion under this item.
Mayor Newton closed the worksession at 6:42 p.m.
Mayor Newton called Executive Session to order at 6:42 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
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
City Council Minutes January 21, 2020
City of Colleyville Page 3
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,
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 7:34 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
INVOCATION: Paul Vigiletti, Good Shepherd Catholic Church
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-20-4461
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Mayor Newton wished Councilmember George Dodson a Happy Birthday and he
and the Councilmembers made the following announcements:
We're Looking for Our Next Mayor for a Day: We are giving Colleyville
residents in grades 2-7 the opportunity to speak their minds during the 2019-2020
Mayor for a Day Contest. The winner will serve as honorary mayor on one of the
City Council meeting dates in February. He or she will spend part of the day
meeting with City leaders and touring City facilities. That evening, they will attend
the City Council worksession to review City business and co-preside over the City
Council meeting that follows. Contestants must submit a 1 to 2 page essay about
what you would do if you were Mayor of Colleyville. Essays are due January 24.
City Council Minutes January 21, 2020
City of Colleyville Page 4
Glade Road Project Out to Bid: The Glade Road project will be noticed for bid
this weekend. The bid advertisement will appear in the Fort Worth Star Telegram
for our legal notification. In addition to the official bid documents being posted on
CivCast, we also post them with the following plan rooms: BlueBook One Team,
Dodge Data and Analytics, and Construct Connect which includes iSqFt, CMD,
CDC, and Bid Clerk. Additionally, The BlueBook One Team plan room has a feature
where we push the notification out to contractors. We also post the notice to
bidders on our website as well as email it to the list of contractors who have either
done business with the City in the past or who have registered to be notified of
upcoming opportunities.
Sales Tax Update: Sales tax receipts for November ($461,165) exceeded our
budget projection for the month by 11.5% and our last year’s collection by 6.9%.
This is the second month of positive sales tax growth since our new fiscal year
began October 1st. Please continue to shop Colleyville!
State of the City Presentation: Mayor Newton will present the State of the City
on February 6th. The presentation will take place twice that day. The first event will
include a presentation to the Chamber of Commerce during a membership
luncheon. Later that evening, a public presentation will take place at the Colleyville
Center at 6:15 PM and include information stations provided by all City
departments.
Farmers Market Moves to Plaza at City Hall: The Colleyville Farmers Market
returns for 2020, this time at a new location. The market will now be located at
the Plaza at City Hall, 90 Main Street. The market will be held the third Thursday
of the month from 3-7 p.m. until April when the Market will switch to a weekly
schedule. The Colleyville Farmers Market features over 20 vendors who will sell a
variety of offerings including organic produce, meats, cheeses, eggs, honey, salsa,
and jams. There will also be hand-crafted items such as candles, artwork,
woodcrafts, and clothes. Visit FourSeasonsMarkets.com to view the list of vendors
that may come to Colleyville.
Chick-Fil-a Project to Begin Next Week with Demolition: The former
Londoner site (soon to be home to Chick-fil-A) is slated for demolition at the end
of next week. You may notice activity as the Colleyville Fire Department is
conducting training exercises on site. The training activities will include the use of
smoke machines and EMS equipment. The actual building demotion will take place
later this week.
Fort Worth Symphony Orchestra Concert Tickets Available: Free tickets are
now available for the Fort Worth Symphony Orchestra concert on February 21,
2020 at Heritage High School. The concert starts at 7 p.m. Tickets can be picked
up at City Hall or the Library. This Council is excited to bring this wonderful event
to our community.
City Council Minutes January 21, 2020
City of Colleyville Page 5
In recognition of the Featured Business of the Month - Desserts Rx
- 8300 Precinct Line Road #104, Dorothy Warda, Owner - Mayor
Richard Newton and Assistant City Manager Adrienne Lothery
Mayor Richard Newton and Assistant City Manager Adrienne Lothery welcomed
Dorothy Warda, owner of Desserts Rx and recognized Desserts Rx as the featured
business of the month. Ms. Warda thanked the Mayor and City Council for the
recognition and said she was excited and happy to be doing business in Colleyville
and is planning on opening a second location at 62 Main.
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-20-
4462
4a Approval of the minutes of the regular City Council meeting of
January 7, 2020
4b Approval of an Interlocal Agreement with Tarrant County for the
rehabilitation of Bogart Drive, Cherry Lane, Jim Mitchell Trail East,
Jim Mitchell Trail West, Lloyd Circle, Maranatha Court, Rose Street,
and Thompson Terrace, and authorizing the City Manager to execute
the agreement
4c Approval of an amendment to the Professional Services Agreement
with Kimley-Horn and Associates, Inc., amending the design
parameters of the John McCain at Westcoat Roundabout Project to
include extending the trail limits on John McCain Road, culvert
extension and safety improvements, enclosed storm drain system,
lighting plan, and traffic control sheets in an amount not to exceed
$65,900, and authorizing the City Manager to execute the
amendment
Mayor Newton read Resolution R-20-4462 in its entirety.
Public Works Director Ray Silva-Reyes presented items 4b and 4c and answered
questions of the City Council.
In answer to the Council’s questions, Director Silva-Reyes stated the trail extends
further to the west and will be completed by another firm.
Mayor Newton opened the public hearing at 7:5 5 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 7:55 p.m.
Councilmember Kelley made a motion to approve Resolution R-20-4462,
and Councilmember Rigney seconded the motion.
City Council Minutes January 21, 2020
City of Colleyville Page 6
The motion to approve carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - December 2019
Finance Director Kyle Lester reviewed all funds noting December marks the end of
the first quarter of the fiscal year. Director Lester stated ad-valorem tax of $6.7
million has been collected which equals 45% of the budget and sales tax revenue
saw an 8.6% increase over the previous year. Director Lester stated overall, each
fund is as expected. He noted the Utility Fund is easiest to track as it is a break
even fund.
Councilmember Dodson reminded residents the sewerage rates are established
based on water consumption in January, February, and March and encouraged
everyone to be cognizant of their water use.
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-20-2107
Consideration of a zoning change from AG Agricultural to R -40
Single Family Residential on Tracts 2F3 & 2F5, Abstract 1692, in the
Joseph White Survey, located at 704 Shelton Drive, Case ZC19-020
Mayor Newton read the caption of Ordinance O-20-2107.
Community Development Director Ben Bryner presented this item stating the
request is to rezone from the AG Agricultural district to the R-40 Single Family
Residential district to allow for construction of a new single -family residential
dwelling. Director Bryner stated the redevelopment does meet the plat process for
R-40 and 37.5 feet of right of way is being dedicated.
Mayor Newton stated this is a straight forward request.
Councilmember Dodson asked staff when drainage is reviewed. Director Bryner
stated as a part of the permit application, the City Engineer will review and
approve the drainage plan.
Mayor Newton opened the public hearing at 8:09 p.m.
Kathy Hadley, 204 Timberline Drive, North, spoke in opposition with concern for
lot size and potential to subdivide. Mayor Newton explained this property is
City Council Minutes January 21, 2020
City of Colleyville Page 7
required to be replatted and since it does not meet the three-acre AG zoning
requirement, it must be rezoned to R-40 (or 1 acre).
There were no others wishing to speak and Mayor Newton closed the public
hearing at 8:12 p.m.
Councilmember Dodson made a motion to approve Ordinance O-20-2107,
and Councilmember Nakamura seconded the motion.
The motion to approve carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
6b Ordinance O-20-2108
Consideration of an amendment to the PUD-R Planned Unit
Development-Residential zoning district regarding driveways and
private walkways for the Carmel Place Estates subdivision, being
Lots 1-9 and Lots 10X, 11X, and 12X, Block 1, Carmel Place Estates,
located at 4800 – 4920 Carmel Place, Case ZC19-021
Mayor Newton read the caption of Ordinance O-20-2108.
Community Development Director Ben Bryner presented this item notin g the
request is a minor request for an amendment to the existing PUD-R Planned Unit
Development – Residential ordinance for the Carmel Place Estates development
which would amend the PUD-R’s architectural features to include a salt finish
concrete option on driveways and private walkways (Lots 1-9). Director Bryner
stated the finish has been included in the Covenants, Conditions, and Restrictions
(CCRs) of the Carmel Place Estates Subdivision.
Councilmember Wheat asked if the other side of the development also required
this amendment. Director Bryner stated it does not because it is not a PUD.
Mayor Newton opened the public hearing at 8:18 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:19 p.m.
Councilmember Wheat made a motion to approve Ordinance O-20-2108,
and Councilmember Nakamura seconded the motion.
The motion to approve carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
City Council Minutes January 21, 2020
City of Colleyville Page 8
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-20-4463
Approval of a resolution calling a General Election for the purpose of
electing City Councilmembers to Place 3 and Place 4
Mayor Newton read Resolution R-20-4463 in its entirety.
City Secretary Christine Loven and Mayor Newton presented this item. Mayor
Newton discussed the implications of this resolution to insure the City Council
understood what they were agreeing to. The Mayor also pointed out that neither
he nor the Council has seen a copy of the Tarrant County contract referred to in
the resolution, and if the resolution is approved it requires the Mayor to sign the
contract. As a result, the Mayor requested the motion to approve the resolution
allows the Mayor to negotiate the contract before signing if necessary. If
negotiations occur, the Mayor committed to bring the results of the negotiation to
the Council’s attention.
Mayor Newton opened the public hearing at 8:40 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 8:40 p.m.
Councilmember Rigney made a motion to approve Resolution R-20-4463,
with the amendment to Section 9. to state: subject to negotiation and
execution of an Election Agreement by the Mayor, Tarrant County
Elections Administration will assume the responsibility for the Election
Officers and the Early Voting Ballot Board in accordance with the
provisions of said agreement on the election date stated herein, and
Councilmember Dodson seconded the motion.
The motion to approve carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
7b Resolution R-20-4464
Approval of a resolution designating an electioneering location at
Colleyville City Hall
Mayor Newton read Resolution R-20-4464 in its entirety.
City Secretary Christine Loven presented this item and reviewed the regulations
attached to the resolution which were discussed during the City Council
Worksession.
Mayor Newton opened the public hearing at 9:01 p.m.
City Council Minutes January 21, 2020
City of Colleyville Page 9
Kathy Hadley, 204 Timberline Drive North, spoke in opposition with concern for
there being too much control and too many regulations.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 9:08 p.m.
Councilmember Dodson made a motion to approve Resolution R-20-4464,
and Councilmember Nakamura seconded the motion. Mayor Newton
clarified the motion and second included all the items discussed in the
worksession.
The motion to approve carried by the following vote:
Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney
8. CITIZEN COMMENTS
Kathy Hadley, 204 Timberline Drive North, spoke in support of CBD stores relating
her experiences with use of CBD oil following an automobile accident.
9. REPORTS
Planning and Zoning Commission Worksession - March 25, 2019
Planning and Zoning Commission - March 25, 2019
Planning and Zoning Commission - April 8, 2019
Planning and Zoning Commission Worksession - April 22, 2019
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY
21, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-
4465
This resolution was not needed.
11. ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the meeting without objection by the City Council at 9:15 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 4TH DAY OF FEBRUARY
2020.
City Council Minutes January 21, 2020
City of Colleyville Page 10
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary