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HomeMy WebLinkAboutCity Council-Minutes-05/18/2021 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, May 18, 2021 PARKS MAINTENANCE BUILDING RIBBON CUTTING 5109 BRANSFORD ROAD 4:30 P.M. WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Senior Center Renovation Project follow-up WS-2 Discussion of the May 18, 2021, 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, and 62 Main Street LLC, Tap Realty, LLC, vs Neighborhood Management, Inc. ET AL Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along SH26 Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Manager 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 May 18, 2021 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: 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-21-4615 3. OATH OF OFFICE 4. RECEPTION FOR CITY COUNCIL MEMBERS 5. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 6. ELECTION OF A MAYOR PRO TEM 7. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4616 7a Approval of the minutes of the regular City Council meeting of May 4, 2021 7b Approval of the minutes of the Special City Council meeting of May 11, 2021 7c Approval of an economic development gift card program with a patriotic theme for Summer 2021 7d Approval of a Construction Services Agreement with Taurus Commercial Inc., for the Pleasant Run Park Restrooms Project in an amount not to exceed $356,671, which includes a staff requested contingency of $50,000 if needed, and authorizing the City Manager to execute the agreement 8. ITEMS NOT FOR CITY COUNCIL ACTION 8a Presentation of the April 2021 Financial Report City Council Agenda May 18, 2021 City of Colleyville Page 3 9. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 9a Ordinance O-21-2160 Consideration of a Special Use Permit for a Veterinarian Clinic on Lot 1, Block A, 170 Players Addition, located at 3825 Glade Road, Suite 140, Case ZC21-006 9b Ordinance O-21-2161 Consideration of a Special Use Permit for a Fence to encroach into the street side yard setback on Lot 14, Block 1, Kingston Addition, located at 6516 Kingston Drive, Case ZC21-007 9c Ordinance O-21-2162 Consideration of a Special Use Permit for a Veterinarian Clinic on Lot 2R2A, Block 1, Brown Trail Commons West, located at 4401 Colleyville Boulevard, Case ZC21-011 10. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 10a Ordinance O-21-2159 Consideration of a zoning change from PUD-C Planned Unit Development-Commercial zoning district to PUD-C Planned Unit Development-Commercial zoning district on Tract 2C03, Abstract 206, BBB & C RY Survey, located at 4917 Colleyville Boulevard, Case ZC21- 003 11. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 11a Resolution R-21-4574 Consideration of a request to abandon a previously dedicated right-of- way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-007 11b Resolution R-21-4575 Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-006 12. CITIZEN COMMENTS City Council Agenda May 18, 2021 City of Colleyville Page 4 13. REPORTS Planning and Zoning Commission Minutes – March 22, 2021 Planning and Zoning Commission Minutes – April 12, 2021 14. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, MAY 18, 2021 - READING AND PUBLIC HEARING - RESOLUTION R- 21-4617 15. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 14, 2021 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, May 18, 2021 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, May 18, 2021, at 5:30 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. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Community Development Director Ben Bryner, Finance Director Kyle Lester, Parks and Recreation Director Lisa Escobedo, Assistant City Secretary Angela Larson, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Senior Center Renovation Project follow-up Parks and Recreation Director Lisa Escobedo gave a brief recap of the renovation project and noted this item is a follow-up to the April 20, 2021 presentation. Director Escobedo turned the presentation over to Mick Massey and Melissa King, Barker Rinker Seacat Architecture (BRS). Mr. Massey stated this presentation was to confirm the preferred rendering and color scheme, project budget, and consider add/alternates which the City Council may wish to include when providing final direction to the project. Mr. Massey reviewed the base budget and add/alternates, followed by Ms. King who provided an explanation of the renderings, where the add/alternates would be used, and color palettes. The City Council chose rendering A2 + C1-Medium which provides for an updated main entrance, updated existing brick finish, new stone at the main entry, stone detailing and wall siding. City Manager Jerry Ducay asked Ms. King to add a feature to the staff entrance to help tie that end of the building in and Councilmember Rigney suggested adding lettering on the building. The City Council thanked Ms. King for her work. City Council provided direction to move forward finalizing the concept designs and asked to be presented with a concept board so they may see the materials which will be used. BRS will return to Council on June 8, to provide the requested information. Councilmember Rigney suggested speaking with the Senior Center neighbors to advise them of the project. City Council Minutes May 18, 2021 City of Colleyville Page 2 WS-2 Discussion of the May 18, 2021, City Council regular agenda items Mayor Newton stated the Old Grove Addition resolutions would remain tabled, but there has been forward progress. He said 151 Coffee has requested their item remain tabled due to the challenges with the site and their ability to make the Council requested modifications to the building design. Mayor Newton adjourned the Worksession at 5:57 p.m. and called the Executive Session to order. 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, and 62 Main Street LLC, Tap Realty, LLC, vs Neighborhood Management, Inc. ET AL Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along SH26 Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was no action taken and Mayor Newton adjourned the Executive Session at 6:39 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:30 p.m. and called the roll. City Council Minutes May 18, 2021 City of Colleyville Page 3 ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. INVOCATION: Pastor Dale Molden, First Colleyville 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-21-4615 Mayor Newton read Resolution R-21-4615 in its entirety. Assistant City Manager Adrienne Lothery presented this item which will allow for the purchase of almost six acres of land at the southern gateway for economic redevelopment. Manager Lothery stated five parcels would comprise the almost six acres which can be purchased with TIF funds for $2,554,000. Manager Lothery noted properties two through five contained buildings which have renters and the City will enter into tenant lease agreements with the current tenants for no longer than 12 months. Mayor Newton stated this is part of our Economic Development strategy, the City strategically purchased 41 acres at the northern gateway, not so the City can develop the property, but so the City can control the development. Mayor Newton explained developers cannot always aggregate the property surrounding a project they develop. The City has the opportunity to do so, thereby ensuring much higher quality developments. Mayor Newton also stated Manager Lothery has written an article which will soon be published which clearly defines the City’s Economic Development Strategy. Mayor Newton also noted his last video explained the TIF. Councilmember Dodson noted the TIF lasts another nine years and the City is proactive in taking advantage of the economic development opportunities and a great deal of money will come back to the City as these parcels are developed. Councilmember Kelley noted the City is doing what most developers cannot do without time. Mayor Pro Tem Lindamood thanked staff for all their work on economic development programs. Mayor Newton opened and closed the public hearing at 7:46 p.m. as there was no one present wishing to speak on this item. Councilmember Dodson made a motion to approve Resolution R-21-4615, seconded by Councilmember Kelley. City Council Minutes May 18, 2021 City of Colleyville Page 4 The motion to approve passed by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 3. OATH OF OFFICE City Secretary Christine Loven gave the oath of office to Place 5 Councilmember Chuck Kelley and Place 6 Councilmember Callie Rigney. 4. RECEPTION FOR CITY COUNCIL MEMBERS Mayor Newton recessed the meeting at 7:52 p.m. for a reception for the Councilmembers. Mayor Newton reconvened the meeting at 8:12 p.m. 5. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton made the following announcements and comments. COVID Update: Good news – the state of Texas reported ZERO COVID deaths today. This is the first time this has occurred in ONE YEAR! All statistics for Tarrant County and Colleyville continue to be at pre-pandemic levels. COVID Vaccinations – Colleyville still leads all Tarrant County cities in vaccination rate. 56% of Colleyville’s total population has been vaccinated. The next highest city is Southlake which is at 53%. All other cities in Tarrant County are below 50%. Legislative Update - The 87th Legislature is moving fast to try to get bills passed as the session comes to a close at the end of this month. There are a several bills that we have our eye on as they move through the process. I will mention a couple that are particularly important. HB4447 would prohibit cities from requiring “planning documents” such as drainage studies and traffic impact analysis with a development plan or plat. Under this bill, the city may approve the plan or plat with the condition that the applicant must also submit and obtain approval from City staff of certain required planning documents, but the documents only have to be submitted to the city after the plat is approved by the City Council and filed at the County. This would very negatively impact Colleyville, and we have expressed to our representative that we do not support this bill. Fortunately, the bill appears to have stalled after it was placed on the House Calendar. City Council Minutes May 18, 2021 City of Colleyville Page 5 SB7 would make changes to voting rules in Texas with the intention of strengthening voter integrity – especially mail in ballots (i.e. who is casting the vote). The Senate passed this bill earlier in the session, and the House passed a version different from that of the Senate. The bill will go to a conference committee to negotiate differences. The bill would make it a felony to provide voters with an application to vote by mail if they had not requested one, or to use any public funds to facilitate the third-party distribution of mail-in voting applications. The ability for polling place watchers to be present throughout the day of the election is also expanded under the bill. Mayor Newton stated, “in my view, this bill is critical to maintaining valid election processes, which is the underpinning of our very democracy. In my opinion, the papers and major news media have portrayed this bill as restricting voting access, which is blatantly untrue.” He encouraged all to call state legislatures in support of this bill. SB2202 would ban critical race theory from social studies curriculum in public schools. This bill states that the State Board of Education shall adopt essential knowledge and skills that develop each student's civic knowledge, including an understanding of: history, qualities, traditions of civic engagement in the United States; founding documents of the United States, etc. The bill states that teachers may not be compelled to discuss current events or currently controversial issues of public policy. Further, it states that a teacher, administrator, or other employee of a state agency, school district, or open-enrollment charter school may not be required to engage in training, orientation, or therapy that presents any form of race or sex stereotyping or blame on the basis of race or sex and include such things as course curriculum. This bill has passed the Senate, had a first reading in the House, and was referred to the House Public Education Committee. Mayor Newton said the intention of this bill is to preclude the forced training and teaching of “critical race theory” and “equity” in our schools, and require students to be educated in the founding documents of the United States of America. Southlake has demonstrated that all parents should be concerned about this no matter what school system they are in. “Critical race theory” the “cancel culture” and the “1619 Project” are very divisive in their assumptions and approach, are contrary to the Constitution and Bill of Rights which are the very foundation of our country, and contrary to the teachings of Martin Luther King. The Constitution, Bill of Rights and the teachings of Martin Luther King are all blind to the color of one’s skin. Critical race theory is the opposite and is based on the assumption of systemic racism as its very foundation. Mayor Newton stated he is of the opinion schools should be about teaching the basics of education, math, science, reading, writing, and art, not subjecting our students to the social agendas of the day which the parents may or may not agree with. He encouraged all to call state legislatures in support of this bill. City Council Minutes May 18, 2021 City of Colleyville Page 6 Mayor Newton and Councilmembers also announced the following. Sales Tax Receipts Continue Exceptional Pace – The Texas Comptroller’s Office has posted the most recent sales tax allocation information for May, representing all receipts from purchases made in March of this year. This also marks our halfway point through FY21. The most recent collection came in at a whopping 51.8% over the same month in FY20, raising our YTD growth to a solid 16.8%! In terms of dollars, this represents a total YTD gain of $673,000 over last year. Delving deeper into this exciting collection, it is important to note that March of 2020 sales tax collections were down slightly (1.9%) from March 2019. Further, this month’s collection included an audit adjustment adding $68,000 to our sales tax receipts. However, even if we net that out and just take current collections, our YTD growth comes up to 40%. Through March of this year, the City has received a total of $4,687,163 in sales tax. As mentioned before, this is a full $673,000 more than received through the same month in FY20. It bears noting that this month marks the 12th consecutive month in which Colleyville has posted sales tax gains over the previous year. We are blessed to have exceptional residents and business owners who contribute daily to our City’s continued success. Please remember to shop Colleyville. Colleyville Named One of the Safest Cities in Texas, Again! – This week, SafeWise released its 7th annual Safest Cities in Texas report for 2021. Once again, Colleyville was listed as one of the safest cities in Texas. This year, Colleyville was ranked #4. The ranking process used crime and census data to assess each community. We are proud to be included in this listing and thank our exceptional Police Officers for keeping our community safe. The entire list of cities can be found at www.safewise.com Election Day Run-off – A run-off election will be held June 5 for those contests yet to be decided. Early voting and Election Day voting for the June 5, Joint Runoff Elections will be conducted at Colleyville City Hall, second floor training room. May 24 - 27 - Monday – Thursday - 8 a.m. - 5 p.m. May 28 - 29 - Friday - Saturday - 7 a.m. - 7 p.m. May 30 - Sunday 11 a.m. - 4 p.m. May 31 - Monday – Closed June 1 – Tuesday - 7 a.m. - 7 p.m. June 5 – Saturday – Election Day – 7 a.m.-7 p.m. Colleyville City Fair Sunday – Join us Saturday (May 22) for Colleyville’s first annual Colleyville City Fair. This free event will run from 5:30 p.m.- 9:30 p.m. Saturday at City Park. The event will begin with a recognition of the men and women who gave the ultimate sacrifice in service to our great nation. Members of the men’s choir – Vocal Majority – will perform during a flag raising ceremony. After the ceremony, this family friendly event will begin with pony rides, games, City Council Minutes May 18, 2021 City of Colleyville Page 7 petting zoo, and fun prizes for all. The evening will conclude with a fireworks display at dusk. Library Summer Reading Program; Get Ready to Glow! – The Colleyville Public Library will be all a-GLOW this summer! Luminaries, laser lights, and an extra-special end of summer treat featuring a hot air balloon, highlight the 2021 Summer Reading Program. Library card holders will, “Glow Crazy with Reading” all summer long with online registration set to kick-off Monday, May 24th. New this year will be an end-of-season spectacular laser light show with child-focused interaction, and a special experience available with a hot-air balloon right here at the Plaza at Colleyville. Additionally, those who complete the Summer Reading Program will have their very own luminary - which will be lighted at the end of the Summer Reading Program on the grounds surrounding the Library and City Hall. The first 200 children who obtain their first reading badge will receive a free weekday admission pass to NRH2O! The Summer Reading Program is open to children, teens, and adults. Junior Police Academy, June 21-25 – The Colleyville Police Department's Junior Police Academy is a great opportunity for the youth of Colleyville (ages 11- 14) to learn what it takes to be a great police officer. During this one-week mini academy, the students will gain knowledge of some of the functions their local law enforcement professionals perform on a daily basis including traffic stops, handling crime scenes, SWAT operations, and conducting building searches. There will be a limited number of student availability. A written recommendation from a school official (teacher, principal, etc.) or a community leader (coach, pastor, etc.) and parental permission slip must be turned in by Friday, June 11. For more information, Officer Amy Beregszaszy at aberegszaszy@colleyville.com or call 817- 503-1200. Colleyville Business Center Open House – Join us Thursday (May 20) from 5:00 - 7:00 p.m. at the Colleyville Business Center - 5601 Colleyville Boulevard for the Colleyville Business Center Open House and Tour. We look forward to sharing more about the Business Center, our partners, and resources available to support businesses at every stage. Mayor Newton Receives Leadership Award - Last week, the Colleyville Chamber of Commerce recognized Mayor Newton at their annual awards banquet. Mayor Newton was awarded the Leadership Award for his tireless work on behalf of the City and the Chamber. Leading our City through such a challenging year, our Mayor has truly been a champion of the Chamber and the work they do to support our local businesses. Congratulations, Mayor! City Council Minutes May 18, 2021 City of Colleyville Page 8 6. ELECTION OF A MAYOR PRO TEM Mayor Pro Tem Bobby Lindamood was nominated by Councilmember Nakamura and seconded by Councilmember Dodson to serve as Mayor Pro Tem for the ensuing year, and unanimously elected by acclamation. 7. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4616 7a Approval of the minutes of the regular City Council meeting of May 4, 2021 7b Approval of the minutes of the Special City Council meeting of May 11, 2021 7c Approval of an economic development gift card program with a patriotic theme for Summer 2021 7d Approval of a Construction Services Agreement with Taurus Commercial Inc., for the Pleasant Run Park Restrooms Project in an amount not to exceed $356,671, which includes a staff requested contingency of $50,000 if needed, and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-21-4616 in its entirety. Assistant City Manager Adrienne Lothery presented item 7c and began by providing a recap of the most recent Cupid Cash Card. Manager Lothery noted the Cupid’s Cash was provided to local first responders outside of Colleyville and was very well received, as the local heroes were 25% of the total redeemed cards. Manager Lothery noted local businesses have always been appreciative of this economic development program, but were especially appreciative of the City trying to bring others outside of Colleyville into their businesses. Due to the success of first responders using the cards, Manager Lothery stated approval is being sought to have a summer gift card with a patriotic theme, to be distributed in June and must be used by July 31, 2021. Cards with a value of $35 will be mailed to all households in Colleyville, as well as homes within a one-mile radius of Colleyville shopping centers, even if those homes are in neighboring cities. The program is intended to encourage shopping locally at Colleyville businesses. By expanding the distribution to those near Colleyville businesses, there is an opportunity for new customers to shop at Colleyville businesses as well. Manager Lothery also noted, similar to previous cycles of the City's gift card program, a $50 Colleyville Cares gift card will also be developed, to be shared with those in need or those with an immediate family member actively serving in the military which would be distributed in partnership with the Ministerial Alliance. City Council Minutes May 18, 2021 City of Colleyville Page 9 Mayor Pro Tem Lindamood stated he felt this was a great idea to bring outsiders into Colleyville and discover our treasures. He also thanked the churches for their assistance. Parks and Recreation Director Lisa Escobedo presented item 7d noting City Council had directed staff to move forward with going out to bid on this project which was a project identified in the 2018 Parks, Recreation, and Open Space Master Plan. Director Escobedo stated staff worked with Hidell and Associates for the design, details, and bid documents. The City received five sealed bids, which were opened and publicly read aloud on May 4, 2021. Hidell and Associates vetted the received bids and verified compliance and references. Director Escobedo stated both the consultant and staff recommend awarding the construction services agreement to the low bidder, Taurus Commercial Inc., at a cost not to exceed $356,671, which includes a $50,000 contingency to be used if needed. Councilmember Dodson asked Director Escobedo what the costs of the City Park and Nature Center restroom project totaled. Director Escobedo stated both facilities were bid as one project for a total cost for both of $593,500. Councilmember Kelley asked Director Escobedo if the restrooms would be ADA compliant, to which she responded yes. Mayor Pro Tem Lindamood stated Taurus is a good contractor and noted many contractors are very busy right now so they give outrageous bids, as can be seen by the range of bids received for this project. He noted he appreciates Taurus wanting to work with the City again and keeping his pricing reasonable. Mayor Newton opened and closed the public hearing at 8:45 p.m. as there was no one present wishing to speak on this item. Councilmember Kelley made a motion to approve Resolution R-21-4616, seconded by Councilmember Rigney. The motion to approve passed by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8. ITEMS NOT FOR CITY COUNCIL ACTION 8a Presentation of the April 2021 Financial Report Finance Director Kyle Lester provided the April 2021 Financial Report. Director Lester’s presentation reviewed all funds and noted the following highlights: City Council Minutes May 18, 2021 City of Colleyville Page 10 General Fund has collected 83% of its budgeted revenue and spent 57% of its budgeted expenditures. Cash flow is slightly stronger than in previous years, led by higher revenue from sales and property taxes, but with a decrease in franchise taxes due to legislation passed during our last legislative session. Additionally, interest income is down significantly and the fund has yet to transfer in the TIF administrative fees. The Fund's surplus of $6.8 million is stronger than last year, and is expected to decline. Sales Tax collection from March’s sales brought in a large, 51.8% increase over March of last year. This increases total YTD growth to from 9.1% over FY20 to 16.8% over FY20, and makes for a total dollar gain of approximately $673,000. This is one of the largest month-over-month gains for Colleyville, and all of our neighbors received similar results. The average increase for Texas cities was 30% for this period. Utility Fund has collected 47% of budgeted revenue and spent 45% of budgeted expenditures. The $390,000 surplus is weaker than last year, but still positive. Higher costs from the Trinity River Authority are the largest contributor to the slightly lower position. When the pass-through cost of water/sewer services from TRA, which the City does not control, are removed from the equation, spending for the City's direct costs are tracking a little under budget for this period. Drainage Utility Fund has received 60% of budgeted revenue and spent 62% of budgeted expenditures. This fund's cash flow is tracking lower than last year due primarily to increased payroll costs from a position reallocated into the Fund for this fiscal year. Current surplus of $82,708 represents a $34,000 increase from last month. Drainage fee revenues tend to average at 1.2% higher than the previous fiscal year, although at this point we are seeing close to 1% growth for FY21. Hotel Fund The Hotel Fund began the year outperforming expectations due mostly to lower spending than anticipated for the first quarter. Half of this fund is dedicated to personnel costs, whereas the other half is dedicated to improvements, event supplies, and promoting the City via events, economic development, and direct advertising. Our revenue only comes in once each quarter, and typically amounts to around $60,000 every payment. However, COVID took a toll on this industry, as our first quarter payment took a large hit. The last payment does indicate this revenue is making a slight comeback. Current fund balance is sitting at $235,000 as of the end of this month. Given the large balance here, the fund can take another lackluster year. Debt Service Fund has received a substantial portion of its property taxes this year. Cash flow for this fund is very predictable, as most revenues are recognized in December/January and debt service payments occur twice annually, with lease City Council Minutes May 18, 2021 City of Colleyville Page 11 payments also occurring throughout the year. As of April's figures, the fund is running a small surplus of about $3,300 after the month's lease payment. The majority of the fund's expenditures have been spent, with the remaining budget dedicated to a fire truck pumper lease and an ambulance lease. With Colleyville's current debt service schedule, all bonded debt is on track to be paid off by FY27. The Council asked what the current debt is and the answer was approximately $3 million. This debt cannot be paid off early even though Colleyville has the cash, because it is General Obligation bond debt that is non-callable. 9. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 9a Ordinance O-21-2160 Consideration of a Special Use Permit for a Veterinarian Clinic on Lot 1, Block A, 170 Players Addition, located at 3825 Glade Road, Suite 140, Case ZC21-006 Mayor Newton read the caption of Ordinance O-21-2160. Community Development Director Ben Bryner noted there have been no changes since the first reading and presented this item which is a request for a Special Use Permit (SUP) to allow for Veterinary Clinic Services at 3825 Glade Road, Suite 140. He noted the property is zoned Planned Unit Development – Residential district, and a Veterinary Clinic business is only allowed in commercial districts with the approval of an SUP. Director Bryner stated the proposed zoning change is generally consistent with the City’s comprehensive plan, and the request is consistent with the land uses located on the property and the governing zoning district. Mayor Newton asked the applicant, Dr. Chris Deitrich to come forward. Mayor Newton asked Dr. Deitrich if he could address the comments made by Kathleen Hennessey at the previous meeting regarding animal waste. Dr. Deitrich stated he had researched the issue and stated the recommendations are the picking up of fecal matter. During his consultation with Texas A&M, there was discussion regarding Parvo, causes, treatments, etc. which Dr. Dietrich will be following up on. Dr. Dietrich also noted there are no outdoor kennels or runs, and the indoor pet enclosures are designated for pets hospitalized for anesthesia or dropped off for treatment/preventive care. He stated he and his staff will always clean the outside area, treat and sanitize the inside, treat the patients, and provide education. Dr. Dietrich also added there will be a small grooming salon within the clinic, which does generate sales tax. Councilmember Dodson stated he has some concern for the run-off of the waste as it is located by a drain. Dr. Deitrich noted the back door area of the building which is accessible to the patients, noting it is grass. Mayor Newton opened the public hearing at 9:21 p.m. City Council Minutes May 18, 2021 City of Colleyville Page 12 Kathleen Hennessey, 5013 Stonebridge Drive, spoke in opposition to the item stating there is not enough outside land proposed for the safe handling of animal waste. She stated waste from animals at a clinic would be more communicable, addressed concern for the rain washing the waste to the street and harming other animals. Kathy Hadley, 204 Timberline Drive North stated she supports this item and feels it is in a good location, Dr. Deitrich will do what is necessary for the safety of the animals and people, and noted all pet owners have to be responsible as well. Mayor Newton closed the public hearing at 9:27 p.m. as there were no others wishing to speak. Councilmember Rigney made a motion to approve Ordinance O-21-2160 seconded by Councilmember Kelley. The motion to approve passed by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 9b Ordinance O-21-2161 Consideration of a Special Use Permit for a Fence to encroach into the street side yard setback on Lot 14, Block 1, Kingston Addition, located at 6516 Kingston Drive, Case ZC21-007 Mayor Newton read the caption of Ordinance O-21-2161. Community Development Director Ben Bryner presented this request for a Special Use Permit (SUP) for a six-foot wooden fence or six-foot wrought iron fence to encroach into the street side yard setback for a corner lot. Director Bryner stated since the last meeting the applicant has proposed to tie in to the corner of house with a six-foot wood fencing, which is approximately a 22-foot setback. Mayor Newton stated he believes this is a good compromise and reasonable. Mayor Newton opened and closed the public hearing at 9:32 p.m., as there were no speakers. Councilmember Nakamura made a motion to approve Ordinance O-21- 2161 seconded by Councilmember Wheat. The motion to approve passed by the following vote: City Council Minutes May 18, 2021 City of Colleyville Page 13 Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 9c Ordinance O-21-2162 Consideration of a Special Use Permit for a Veterinarian Clinic on Lot 2R2A, Block 1, Brown Trail Commons West, located at 4401 Colleyville Boulevard, Case ZC21-011 Mayor Newton read the caption of Ordinance O-21-2162. Community Development Director Ben Bryner presented this request for a Special Use Permit (SUP) to allow for Veterinary Clinic Services at 4401 Colleyville Boulevard, which is zoned CC-2 Shopping Center district, and is only allowed in commercial districts with the approval of an SUP. Director Bryner stated the request is consistent with the land uses located adjacent to the subject property and the governing zoning district, and the submitted site, building, and landscaping plan meet the requirements of the land development code. He stated the project would need to go through the platting, site plan, and building permit approval processes. Director Bryner noted language has been added to the ordinance stating the SUP will automatically expire upon the abandonment of the business, change in use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. As requested at the last meeting the applicant will discuss potential screening, which will be added to the ordinance when approved. Mayor Newton asked the applicant, Dr. Judd Johnston to come forward. Mayor Newton asked Dr. Johnston to explain his proposed screening which included a vinyl coated fence, shrubs, and grass. There was lengthy discussion between the City Manager, City Council, and applicant regarding trees, a solid fence along the front wall, and set back requirements. Following discussion, the applicant, and the City Council agreed a coated, black chain link fence and evergreen, maintained landscape screening would be placed in the exercise area of the rear yard, a minimum of four trees, not less than three caliper inches will be installed, and a solid six-foot masonry wall would be installed on the front side yard. Mayor Newton opened the public hearing at 10:18 p.m. Kathleen Hennessey, 5013 Stonebridge Drive, spoke in opposition to this item with concerns for disease from animal waste and runoff. Kathy Hadley, 204 Timberline Drive North, spoke in support of this item. City Council Minutes May 18, 2021 City of Colleyville Page 14 Dee Kelley, 705 Hillside, spoke in support of this item and the need to communicate requirements with the applicant prior to voting. There were no other speakers and Mayor Newton closed the public hearing at 10:27 p.m. Councilmember Rigney made a motion to approve Ordinance O-21-2162 with the following amendments; seconded by Councilmember Nakamura: Four (4) trees not less than 3 caliper inches in diameter shall be installed in the rear yard of the property, consistent with and in addition to the trees required to be installed. A coated, black chain link fence and landscape screening shall be installed surrounding the entire rear exercise yard. Landscape screening shall be an evergreen plant material with a maintained height of not less than four feet and spaced such that there is not more than fifteen percent open space between individual plants. The owner shall at all times comply with the approved landscape plans, including the plans for the landscaped areas along Colleyville Boulevard (SH26) and along the shared driveway with Walgreens. The front side yard exercise area shall be screened on all three sides with a solid masonry wall constructed of material similar to the primary masonry used on the property and with a minimum height of six feet. All landscaping shall be properly maintained at all times, and the owner shall be responsible for the prompt replacement of any dead and/or dying landscaping, including, without limitation, all additional landscape buffering and trees required in this ordinance. In no event shall dead or dying landscape material be permitted to remain on the property for more than ninety days. The motion to approve Ordinance O-21-2162 with the amendments as recorded passed with the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. City Council Minutes May 18, 2021 City of Colleyville Page 15 10. TABLED ORDINANCE(S): READING AND PUBLIC HEARING This ordinance remained tabled. 10a Ordinance O-21-2159 Consideration of a zoning change from PUD-C Planned Unit Development-Commercial zoning district to PUD-C Planned Unit Development-Commercial zoning district on Tract 2C03, Abstract 206, BBB & C RY Survey, located at 4917 Colleyville Boulevard, Case ZC21- 003 11. TABLED RESOLUTION(S): READING AND PUBLIC HEARING These resolutions remained tabled. 11a Resolution R-21-4574 Consideration of a request to abandon a previously dedicated right-of- way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-007 11b Resolution R-21-4575 Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-006 12. CITIZEN COMMENTS Kathleen Hennessey, 5013 Stonebridge Drive, spoke regarding water run-off and flooding of her neighbor’s yards, her diversion of water, and the safety of trash workers picking up the trashcans. Mayor Pro Tem Lindamood stated to Mrs. Hennessey this Council is very diligent in addressing drainage. Kathy Hadley, 204 Timberline Drive North, spoke regarding the grade and size of the next-door neighbors’ lot and residential building. Mrs. Hadley has concern for sudden flooding and debris in her yard. Mayor Newton explained the size of R-20 and allowed lot coverage. City Council Minutes May 18, 2021 City of Colleyville Page 16 13. REPORTS Planning and Zoning Commission Minutes – March 22, 2021 Planning and Zoning Commission Minutes – April 12, 2021 There was no discussion of this item. 14. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, MAY 18, 2021 - READING AND PUBLIC HEARING - RESOLUTION R- 21-4617 This resolution was not needed. 15. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 10:49 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 1ST DAY OF JUNE 2021. Minutes taken and prepared by: Christine Loven, TRMC City Secretary