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