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HomeMy WebLinkAboutCity Council-Minutes-06/15/2021 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, June 15, 2021 WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Presentation of the final concept for the Senior Center Renovation Project WS-2 Presentation and discussion of health insurance renewal WS-3 Discussion of the City Hall and Library flooring and maintenance project with committee recommendations WS-4 Review of preliminary budget numbers WS-5 Discussion of the June 15, 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 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 June 15, 2021 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Patrick Webb, Colleyville Presbyterian 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-21-4624 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4625 4a Approval of the minutes of the regular City Council meeting of June 1, 2021 4b Approval of a Professional Services Agreement with Barker Rinker Seacat Architecture for project design services in connection with the Colleyville Senior Center Improvements Project, in a total amount not to exceed $499,310.00, and authorizing the City Manager to execute the agreement 4c Approval of the First Amendment to the Construction Services Agreement with The Fain Group, Inc. for the SH26 Beautification Project, providing for an additional $268,428.00 to the current project budget, in an amount not to exceed $6,010,468.30, and authorizing the City Manager to execute the amendment 4d Approval of a Construction Services Agreement with JM Management LLC, dba JM Construction Solutions for the Colleyville Service Center Renovation Project, in an amount not to exceed $552,092.61 and a contingency amount not to exceed $50,000.00, and authorizing the City Manager to execute the contract 4e Approval of a Construction Services Agreement with CMC Development & Construction Corporation for the Colleyville Center Interior Renovation/Repair Project, in an amount not to exceed $170,000.00 and a contingency amount not to exceed $10,000.00, and authorizing the City Manager to execute the contract City Council Agenda June 15, 2021 City of Colleyville Page 3 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - May 2021 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-21-2163 Consideration of a zoning change from PUD-C Planned Unit Development-Commercial zoning district to RE Single-Family 'Estate' Residential zoning district on Lot 1A & 2A, Block 1, Village Court, located at 5217 & 5201 Pleasant Run Road, Case ZC21-010 7. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 7a 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 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-21-4626 Consideration of a Replat for Lot 1R, Block 1, Village Court, being Lot A1 & A2, Block 1, Village Court, located at 5217 & 5201 Pleasant Run Road, Case PC21-008 9. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 9a 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 9b 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 10. CITIZEN COMMENTS City Council Agenda June 15, 2021 City of Colleyville Page 4 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JUNE 15, 2021 - READING AND PUBLIC HEARING - RESOLUTION R- 21-4627 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, June 11, 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, June 15, 2021 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, June 15, 2021, at 5:05 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, Parks and Recreation Director Lisa Escobedo, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Human Resources Director Jesse Perez, Finance Director Kyle Lester, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Presentation of the final concept for the Senior Center Renovation Project Parks and Recreation Director Lisa Escobedo introduced Mick Massey and Melissa King, Barker Rinker Seacat Architecture (BRS) who reviewed the final concept design and provided building material and color samples. Mr. Massey introduced Chris Nichols who is new to the project. Mr. Nichols reviewed the milestones, budget, and project schedule moving forward. Mayor Newton asked Mr. Nichols if the project schedule could be accelerated. Mr. Nichols stated they will move forward as quickly as possible and will continue to provide the City Council with the progress. WS-2 Presentation and discussion of health insurance renewal Human Resources Director Jesse Perez provided an overview of the process used to seek requests for proposals on the City’s benefits. He noted HUB International is the City’s insurance brokerage firm and explained the health and dental insurance was up for renewal this year. Director Perez introduced Andrew Weegar, Consultant, HUB International, who reviewed the results of the requests for proposal and the recommendation for renewal with Blue Cross and Blue Shield of Texas (BCBSTX). Mr. Weegar stated the objectives of the RFP required alignment with the City’s objectives, demonstration of superior member service and claims processing; an ability to proactively meet the City’s service needs; a willingness, experience and capability to effectively administer the programs; ability to provide support during the implementation process; and options to manage costs. City Council Minutes June 15, 2021 City of Colleyville Page 2 Mr. Weegar stated plan performance is a large part of the renewal process and a loss ratio at or above 85% generally equals a very high cost increase. At the time of the RFP the City’s loss ratio was 91.1% compared to 88% during the 2019-2020 renewal RFP. Mr. Weegar reviewed the rates and services of those who responded to the request for quote and explained the evaluation process. The final recommendation presented by Mr. Weegar was renewal with BCBSTX for the 2021/2022 plan year with a -0.3% decrease to rates with no plan design changes. Mr. Weegar stated based on the City’s loss ratio over the last twelve months (89%), HUB’s internal projections called for a +12% increase to premiums. Originally, the City received a +9.5% increase and HUB negotiated the increase to +3%. Further, BCBSTX agreed to provide the City a $79,849 administrative credit which reduced their best and final offer to -0.3%. BCBSTX did not propose any plan design changes. Mr. Weegar also noted HUB reviewed alternative plan designs which included changes to deductibles, out of pocket maximums, and copays, however there was not enough cost savings to warrant a change at this time. Additionally, vendors who quoted with the RFP were not able to match current benefit designs. HUB believes there would be a negative impact to member’s benefits, prescriptions, and network access if the City moved vendors this year. Councilmember Dodson asked if employees are aware of Good RX, a free program for reduced prescriptions. Mr. Weegar stated the plan would be discussed with employees during open enrollment. Mayor Pro Tem Lindamood stated Cigna should be looked at based on their proposal. Mayor Newton asked Mr. Weegar why BCBSTX agreed to the negotiated rate when our loss ratio was high. Mr. Weegar stated HUB reviewed the loss ratio and proved the losses were not catastrophic which means the claims would end and would not be reoccurring. Mayor Newton asked Mr. Weegar about the City offering retiree health benefits as the population has exceeded 25,000. Mr. Weegar said the Government Code states the benefit has to be offered, but not funded. He stated 80% of cities do not fund retiree health insurance. WS-3 Discussion of the City Hall and Library flooring and maintenance project with committee recommendations Public Works Director Ray Silva-Reyes provided a recap of the City Hall and Library interior renovation project and noted Mayor Newton, and Councilmembers Wheat and Rigney served on a Design Committee with Assistant City Manager Adrienne Lothery and Director Silva-Reyes and made the final selections which are being City Council Minutes June 15, 2021 City of Colleyville Page 3 presented. Director Silva-Reyes then introduced Gaylen Laing, President, GHLA, the architecture firm engaged by the City. Mr. Laing provided samples of the selected tile, carpet, marble, porcelain, and paint which will be used, and provided renderings for each area. Mr. Laing also stated the costs have remained stable. Councilmember Nakamura asked what the time frame of the project was and Director Silva-Reyes stated the project will be bid for eight weeks and plans an August start date. WS-4 Review of preliminary budget numbers Finance Director Kyle Lester reviewed the last four years of significant budgeting efforts from FY2018 to present. Director Lester stated the goal of the FY2022 budget is to maximize use of sales tax funds, continue annual compensation increases, and keep health insurance effectively flat with FY21. In reviewing the preliminary numbers, Director Lester stated the projection provides for the no new revenue rate, no health insurance increases, expansion of the HRA program, and funding the pool for merit increases at 3.5%. Director Lester reviewed all funds, as they are currently and projected, noting all projections are very conservative and there will be some adjustments as City Council and staff finalize the budget which will be adopted in September. In reviewing the debt service fund, Director Lester noted the general obligation debt will be paid off in FY2028 and staff will continue to evaluate the debt strategy to ensure alignment with identified needs. There was discussion regarding the number of days of fund balance, the CIP, the debt service funds and the request by GRACE for an increase to the agency agreement. WS-5 Discussion of the June 15, 2021, City Council regular agenda items Mayor Newton stated agenda items 7a, 9a, and 9b will remain tabled. Mayor Newton adjourned the Worksession at 6:27 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. City Council Minutes June 15, 2021 City of Colleyville Page 4 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 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 7:23 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:39 p.m. and called the roll. 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 Patrick Webb, Colleyville Presbyterian 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-21-4624 Mayor Newton read Resolution R-21-4624 in its entirety. Mayor Newton explained the City Council evaluates the City Manager annually. This resolution provides for a salary increase for the City Manager because the City City Council Minutes June 15, 2021 City of Colleyville Page 5 Council unanimously gave a glowing performance evaluation. Mayor Newton said he could go on and on about the accomplishments of the City Manager, but stated two or the most recent examples of how he runs the City effectively included the City remaining open during the pandemic with staff working and the response to the February freeze. Mayor Newton also noted the no new tax rate has been in place for three years, and the FY22 budget is expected to also provide for the no new tax rate. Mayor Pro Tem Lindamood and the City Council added their appreciation for the work of the City Manager and his ability to get things done. Mayor Newton stated all of this success has been due to the City Manager and the staff he put together. Mayor Newton opened the public hearing and closed the public hearing at 7:48 p.m. as there was no one present wishing to speak. Councilmember Rigney made a motion to approve Resolution R-21-4624, seconded by Councilmember Dodson. 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. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton and the City Council made the following announcements: $35 Patriotic Gift Cards - The next gift card program has begun! $35 Patriotic gift cards are being mailed to each Colleyville household for use at local participating businesses. Cards are valid through July 31. Once in hand, the gift card can be presented at participating Colleyville businesses for payment of services. Gift cards have also been mailed to homes in neighboring cities within a one-mile radius of Colleyville shopping centers. $50 Colleyville Cares gift cards also return this summer to show our appreciation for military families and their service. Colleyville families with an immediate family member actively serving in the military can contact the City at 817.503.1111 to receive a Colleyville Cares gift card. The City will also work in partnership with the Ministerial Alliance in distributing Cares gift cards to families in need. Stars and Guitars Just Two Weeks Away - Colleyville’s Annual Stars & Guitars Celebration is almost here! Join us Friday, June 25 for this FREE concert and fireworks show. Parking lots, food trucks, and South Lawn attractions (face City Council Minutes June 15, 2021 City of Colleyville Page 6 painting, caricature artists, petting zoo, etc.) open at 5 p.m. Jo Dee Messina will take the stage at 7:45 p.m. so bring your blanket or lawn chairs to stake out your FREE spot on the baseball fields. Stick around for the largest fireworks show Colleyville has ever seen starting at 9:30 p.m. For more event details, updates, and an event map, visit Colleyville.com/StarsAndGuitars. Library Summer Reading Event - Wacky Chad - Stunt Comedian - Summer family programs continue at the Library, this time with Wacky Chad, Stunt Comedian. Bring a blanket or chairs to the Plaza on Thursday, June 17 at 6:30 p.m. and enjoy a free, family-friendly performance that is extraordinarily random, super impressive, and hilariously funny. Wacky Chad's award winning pogo stick skills and antics got him on America's Got Talent and a performance at the Super Bowl! Wearing his trademark orange, Wacky Chad will reach neck-straining heights on his unicycle and defy gravity on an air-powered pogo stick. Prepare to be wowed! Sales Tax Up Again! - The City’s most recent sales tax collection came in at a solid 9.1% over the same month in FY20, putting our YTD growth at 15.7%. In terms of dollars, this represents a total YTD gain of $732,000 over last year. The City received modest audit collections of about $5,000, so the majority of the 9.1% growth reflects actual economic activity for this period. Through April of this year, the City has received a total of $5,380,508 in sales tax. License Plate Readers Help Nab Another Suspected Criminal - Colleyville officers were recently notified by the City's License Plate Reader system that a stolen vehicle was entering the City. Officers quickly located the vehicle and attempted to conduct a felony traffic stop on Colleyville Boulevard. Once the vehicle stopped, the driver opened the vehicle door and took off running away from the officers. Our officers gave chase on foot and apprehended the suspect about 100 yards from the car in the pouring rain. During a search of the suspect's property, officers found methamphetamine, Xanax, many stolen credit cards, and a large sum of cash. The vehicle was confirmed stolen earlier that morning out of a neighboring city. The suspect was arrested and charged with Unauthorized Use of a Motor Vehicle, Possession of Controlled Substance, Credit Card Abuse, and Evading Arrest. Using technology to proactively take this criminal off the street likely prevented a crime in our City! Pet Reminders - As the weather gets nicer, more and more people like to get outdoors with their four-legged friends to enjoy some fresh air. To ensure everyone has a pleasant time around town, we want to remind dog owners of a couple of things. All dogs must be controlled on a leash by an able-bodied person, at all times, whenever the dog is on public property. This includes all parks, sidewalks, streets, and school grounds. This is to ensure the safety of our residents, their pets, and area wildlife. We also ask that residents be considerate of others and their community by picking up after their pet. City Council Minutes June 15, 2021 City of Colleyville Page 7 Fire Department Secures Grant - The Fire Department was notified this week that FEMA is funding the additional $65,562 for the purchase of the SCBA’s (air packs). They have already paid Colleyville 75% of the cost, this is the remaining 25%. The department applied for the grant and continued to push for full cost replacement. This is in line with the City’s strategy to pursue grant opportunities to save taxpayer funds. Great job Fire Department! 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21-4625 4a Approval of the minutes of the regular City Council meeting of June 1, 2021 4b Approval of a Professional Services Agreement with Barker Rinker Seacat Architecture for project design services in connection with the Colleyville Senior Center Improvements Project, in a total amount not to exceed $499,310.00, and authorizing the City Manager to execute the agreement 4c Approval of the First Amendment to the Construction Services Agreement with The Fain Group, Inc. for the SH26 Beautification Project, providing for an additional $268,428.00 to the current project budget, in an amount not to exceed $6,010,468.30, and authorizing the City Manager to execute the amendment 4d Approval of a Construction Services Agreement with JM Management LLC, dba JM Construction Solutions for the Colleyville Service Center Renovation Project, in an amount not to exceed $552,092.61 and a contingency amount not to exceed $50,000.00, and authorizing the City Manager to execute the contract 4e Approval of a Construction Services Agreement with CMC Development & Construction Corporation for the Colleyville Center Interior Renovation/Repair Project, in an amount not to exceed $170,000.00 and a contingency amount not to exceed $10,000.00, and authorizing the City Manager to execute the contract Mayor Newton read Resolution R-21-4625 in its entirety. Parks and Recreation Director Lisa Escobedo presented item 4b noting renovation of the Colleyville Senior Center was identified as a priority in the 2018 Parks Master Plan and was included in the City's Capital Improvement Program. Barker Rinker Seacat Architecture (BRS) was engaged to develop several conceptual designs for what the renovation would entail, both inside and out. Following consideration of several conceptual designs over the last several months, a final conceptual design was presented to City Council at today’s June 15, 2021 Worksession. Director Escobedo stated approval of this item provides for approval City Council Minutes June 15, 2021 City of Colleyville Page 8 of design services, development of construction documents, and a complete bid package for the renovation of the Colleyville Senior Center. There was general discussion regarding the cost of the project and the professional agreement with BRS for the design concept. Mayor Newton noted this project is a culmination of over a year’s worth of research and community involvement. Public Works Director Ray Silva-Reyes presented item 4c noting during the worksessions for the corridor beautification, the construction limits discussed were from the Gateway Tower at John McCain to the Gateway Tower at Little Bear Creek. Director Silva-Reyes stated the original scope did not include the two median islands south of Little Bear Creek, which are part of the SH26 TxDOT Roadway Project. Staff realized leaving these two medians unimproved would not be consistent with the level of expectation from our citizenry. Approval of this item would provide for the First Amendment to the Construction Services Agreement to furnish and install site and landscape improvements on the two median islands south of Little Bear Creek. Councilmember Dodson asked Director Silva-Reyes if the City was sure these medians were not included in the original agreement. Director Silva-Reyes stated yes, it is correct the medians were not included. There was general discussion regarding the location and number of trees left to plant along the corridor. Public Works Director Ray Silva-Reyes presented item 4d, approving an amount not to exceed $552,092.61 and a contingency amount not to exceed $50,000.00 for renovations are the Service Center. Director Silva-Reyes explained the $602, 092 would provide for installing new stone veneer walls and metal awnings to the building’s front elevation, repairs and repainting of all exterior walls, replacing/enlarging/installing new and existing windows, and the construction of a new monument sign. Interior renovations include demolition of some existing walls and finishes, framing and finishing of new partition walls and ceilings, painting and retexturing walls and ceilings, new flooring, installing new doors and hardware, new workstations and casework, new plumbing fixtures, new HVAC systems and ductwork, and installing/moving new and existing electrical wiring and lighting fixtures. He stated the alternates, parking canopies and resurfacing of the asphalt, were not included due to the base bid exceeding the original September 15, 2020, budget amount of $500,000. Mayor Pro Tem Lindamood stated he would like to see the parking canopies and lot resurfacing done. He noted the City makes a large investment in vehicles and personnel and completing both projects would help to protect both investments. There was discussion regarding both alternates being added to the project for a total amount of $915,832.61. City Council Minutes June 15, 2021 City of Colleyville Page 9 Item 4e was presented by Colleyville Center Manager Leslie Hill. Manager Hill stated on February 15, 2021, the Colleyville Center fire suppression pipes froze as a result of the freezing temperatures associated with the winter storm. The pipe break released several hundred gallons of water across the Center audio video room, stairwells, entry lobby, and Grand Ballroom. The water damage buckled the flooring on the north side of the Grand Ballroom, and seeped into the lobby sheetrock and the excessive moisture resulted in mold. If approved this item would provide for all repairs and renovation at Colleyville Center. Manager Hill noted the expense is offset by funds from the insurance claim. Mayor Newton opened and closed the public hearing at 8:27 p.m. as there was no one present wishing to speak. Councilmember Nakamura made a motion to approve Resolution R-21- 4625, amending 4d to include the add alternates for parking canopies and asphalt in an amount not to exceed $915,832.61, which includes a contingency amount not to exceed $50,000.00, seconded by Councilmember Wheat. The motion to approve passed by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - May 2021 Finance Director Kyle Lester presented the May 2021 Financial Report. He reported through May, the General Fund has collected 88% of budgeted revenue and spent 64% of budgeted expenditures. General Fund cash flow remains stronger than in previous years, led by higher revenue from sales and property taxes. Franchise tax revenue and interest income are the only weaker spots in the revenue profile, due to legislation passed during the last legislative session as well as a weak fixed income market. Director Lester stated the interest income and franchise tax revenue would be accounted for in the FY22 budget, although growth in other revenue has more than offset this loss. Director Lester stated the Fund's surplus of $6.5 million is stronger than last year, and will decline steadily through September. Director Lester stated Council was aware this month’s sales tax collection was a big anomaly for everyone. Texas cities in the aggregate saw average increases of 30%. Colleyville’s total increase over March of last year came to 51.8%, putting the City ahead of FY20 by $673,000. Director Lester said there was a positive audit collection adding to this, but even netting audit collection out, there is a 40% gain. City Council Minutes June 15, 2021 City of Colleyville Page 10 Director Lester recapped the remaining funds: utility, drainage, hotel, and debt service, which are all healthy. Mayor Newton called a recess at 8:37 p.m. and reconvened at 8:43 p.m. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-21-2163 Consideration of a zoning change from PUD-C Planned Unit Development- Commercial zoning district to RE Single-Family 'Estate' Residential zoning district on Lot 1A & 2A, Block 1, Village Court, located at 5217 & 5201 Pleasant Run Road, Case ZC21-010 Mayor Newton read the caption of Ordinance O-21-2163. Community Development Director Ben Bryner presented this item noting this is a request to rezone from the PUD-C Planned Unit Development - Commercial district to the RE Single-Family ‘Estate’ Residential district for one new single-family home. He noted this property is located in The Villages and the current size of the property does comply with all the minimum standards of the RE zoning district. Mayor Newton stated RE allows for fencing around the property. He asked Director Bryner where the fencing could be placed according to the current zoning regulations. Director Bryner responded fencing is not related to the zoning, but to the size of the lot. For lots which are 40,000 square feet and larger, it does allow for fences to be up to the property lines, including the front property lines, which in this case means on the street side, however, the maximum opaqueness must be 25%, meaning it has to be an open design. Mayor Newton clarified due to the size of the lot the fencing could go to the property line but had to be a maximum 25% opaqueness. City Manager Jerry Ducay noted on this property the fence could go right to the sidewalk. Mayor Newton stated he has been thinking about this a lot and noted he was speaking to the applicant to explain his thoughts. Mayor Newton stated this is a very unusual case in that the property is zoned commercial and you want to put a residential estate there amongst the commercial. We all love the residential estate, but this creates some unusual and special circumstances for the City Council. As I mentioned last time, because of the layout of all of this, the right of way is right at the sidewalk, so having a fence right there is questionable about how this would look. Also, RE carries with it the right to have several things. As mentioned last time, you have the right to another structure, which is fine, but you have the right to have animals, some may think that is okay or not, but I would not choose to take that away from RE. Mayor Newton continued by saying this type of zoning is procedurally not something the Council can just start sticking conditions on. For planned unit development residential zoning, we can place City Council Minutes June 15, 2021 City of Colleyville Page 11 conditions that make sense. Mayor Newton stated he is trying to explain the quandary the Council is in and how it can be addressed. We could place some requirements on this and place notes on the plat, but the question remains, even if you agree with everything, can it be challenged in court by a new owner. Mayor Newton said he is struggling because he wants to place some conditions if approved. The applicant asked permission to address the Mayor and Council and Mayor Newton agreed. Tammy Spicer, 90 Casa Lane, stated she was lived in The Villages for the past six years and she does not want to build something that will detract from the City. She stated she has had the same discussions regarding where to locate the fence, has considered options such as having a knee wall, somewhat like a planter on that side. Ms. Spicer said she hears the concerns of the Council and they are valid, and she has no interest in building eight-foot walls around the property to make it look like a compound. Ms. Spicer stated she did not know how to go about ensuring this and convincing Council of her sincerity. Mayor Newton stated he has learned a City Council meeting format is not conducive to working through items such as this, there needs to be more time and consideration given. He stated he was not at a point where he could approve this tonight because it will take more thinking and time. Ms. Spicer stated she did not have time because if it is not approved she will have to cancel her contract or close on the property in two days. She said she is willing to work with the City, she will hire an architectural engineer to work with planning, to have a product everyone agrees on, but she does not have two weeks. Mayor Newton asked if the contract was contingent on zoning. Ms. Spicer replied yes. Mayor Newton said he is just not comfortable with approving this. Ms. Spicer asked Mayor Newton if they could write something into the ordinance as they did at the last meeting so they can approve the item. Mayor Newton stated in the case Ms. Spicer observed, there had been months and months of previous citizen and Council action to get to the point of approval and this is not the case with this zoning, and he is not comfortable with an approval tonight. Ms. Spicer stated she has an option of closing on the property in two days, it already has a residential use and she could build a three-story monstrosity that covers the entire lot and the fence can go up against the sidewalk, so that option remains. She stated she would be in compliance with all the ordinances, but that is not her intent and that would be a really horrible product for the City. Ms. Spicer stated she wants to stay close to living by her mother, preferably in The Villages, so if that is her only option; it is one she would have to seriously consider. Mayor Newton adjourned to Executive Session at 8:56 p.m. Executive Session was adjourned at 9:11 p.m. and the meeting was reconvened at 9:13 p.m. Mayor Newton addressed Ms. Spicer and stated she had raised a good and legitimate point regarding the rights within the current zoning. Mayor Newton stated the Council has work to do to understand what the rights within the current City Council Minutes June 15, 2021 City of Colleyville Page 12 zoning are and to do so will have to have legal counsel’s advice. Mayor Newton stated they are going to table this item. Mayor Newton opened and closed the public hearing at 9:14 p.m. as there was no one present wishing to speak. Mayor Newton made a motion to table Ordinance O-21-2163, seconded by Councilmember Kelley. The motion to table passed by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 7a 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 This item remained tabled. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-21-4626 Consideration of a Replat for Lot 1R, Block 1, Village Court, being Lot A1 & A2, Block 1, Village Court, located at 5217 & 5201 Pleasant Run Road, Case PC21-008 Mayor Newton made a motion to table Resolution R-21-4626 as Ordinance O-21-2163 which is associated with this replat request was tabled, seconded by Mayor Pro Tem Lindamood. The motion to table passed by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 9. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 9a 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, City Council Minutes June 15, 2021 City of Colleyville Page 13 Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-007 9b 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 Both Resolution R-21-4574 and Resolution R-21-4575 remained tabled. 10. CITIZEN COMMENTS There was no one present wishing to speak. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JUNE 15, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21- 4627 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 9:21 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 1 ABSTENTION ON THIS THE 6TH DAY OF JULY 2021. Minutes taken and prepared by: Christine Loven, TRMC City Secretary