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Home My WebLink AboutCity Council-Minutes-2/15/2022 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, February 15, 2022 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Update on Bedford Road sidewalk design WS-2 Review of the FY2023 Budget Calendar WS-3 Discussion of the February 15, 2022, 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: The Heather Nicole Bowden Trust Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the CWD Solid Waste Contract 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 551.087 – 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 February 15, 2022 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Nathan Aviles, Bethel Methodist PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4697 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-22-4698 4a Approval of the minutes of the regular City Council meeting of February 1, 2022 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - January 2022 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-22-2192 THE APPLICANT REQUESTS TO TABLE THE ITEM TO THE MARCH 2, 2022 MEETING - Request to appeal the decision by the Planning and Zoning Commission for the consideration of a zoning change from PUD-C Planned Unit Development-Commercial district to PUD-C Planned Unit Development-Commercial district, specifically for a senior living facility, for Lots 1 and 2, Block A, Heritage Farms, located at 913 Cheek-Sparger Road and 3808 Wayne Drive, Case ZC21-037 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-22-2190 Consideration of a Special Use Permit for a Massage Therapy use on a portion of Lot 18, Village at Colleyville Condos, located at 97 Village Lane, Suite 100, Case ZC21-030 City Council Agenda February 15, 2022 City of Colleyville Page 3 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-22-4699 A resolution authorizing the City Manager to execute such Subdivision Election and Release Forms as may be required by the Texas Attorney General for the City’s participation in the Opioid Litigation Settlement 9. CITIZEN COMMENTS 10. REPORTS Colleyville Library Board Minutes - October 25, 2021 Parks and Recreation Advisory Board Minutes - November 8, 2021 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, FEBRUARY 15, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22-4700 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, February 11, 2022 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, February 15, 2022 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, February 15, 2022, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, and George Dodson. ABSENT: Mayor Pro Tem Lindamood, Councilmembers Chuck Kelley and Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Finance Director Kyle Lester, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Update on Bedford Road sidewalk design Public Works Director Ray Silva-Reyes stated the purpose of this project is to increase access to Sparger Park. He then presented two alternate alignments for the bridge crossing at Little Bear Creek, and asked for direction moving forward. City Manager Jerry Ducay suggested investigating another option of hanging the sidewalk off the bridge. Mayor Newton said the option of placing the creek crossing away from the bridge would not require it to be replaced when the road bridge is replaced, providing for pedestrian access across the bridge during the road bridge reconstruction. Councilmember Dodson asked what the cost of each proposal totals. Director Silva-Reyes stated the entire project cost for putting the sidewalk in from Glade to Sparger Park will be approximately $1.2 million. Councilmember Wheat asked if there are any road bridge improvements within the project. Director Silva-Reyes stated there are none, this project is strictly for the sidewalk project. Funding has been requested from the state for replacing the road bridge, but we have not yet been informed of a decision. City Council directed staff to return in the second meeting in March with costs for the three options for crossing the creek. City Council Minutes February 15, 2022 City of Colleyville Page 2 WS-2 Review of the FY2023 Budget Calendar Finance Director Kyle Lester presented the proposed FY2023 budget calendar. Everyone was agreeable to the dates and there was no discussion. WS-3 Discussion of the February 15, 2022, City Council regular agenda items Mayor Newton stated the applicant for item 6a has asked to table. There was no further discussion and Mayor Newton adjourned the Worksession at 5:47 p.m. and called the Executive Session to order. 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: The Heather Nicole Bowden Trust Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the CWD Solid Waste Contract 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 551.087 – 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 Executive Session at 6:20 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:31 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Callie Rigney. ABSENT: Mayor Pro Tem Lindamood and Councilmember Chuck Kelley. City Council Minutes February 15, 2022 City of Colleyville Page 3 INVOCATION: Pastor Nathan Aviles, Bethel Methodist PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4697 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton and the City Council made the following announcements: Colleyville Strong: A Celebration of Faith and Community – The City of Colleyville and the Ministerial Alliance will hold an event Monday, February 21st at the Colleyville Center to remember the tragic terrorist event at Congregation Beth Israel and the answered prayers that brought this event to a positive conclusion. This is an opportunity for our entire community to come together to celebrate each other and have a moment of reflection. The event will be held at 7 p.m. in the Colleyville Center. It will be about one hour with time for fellowship and refreshments afterwards. Sales Tax Continues Positive Trend – The Texas Comptroller’s Office has posted the latest sales tax receipts for February, representing all receipts from purchases made in December of last year. Our most recent collection came in at 3.5% over December of FY21, making for a total dollar gain of $306,000 through the third month of this year. This is the strongest December on record for the City and it represents the 20th consecutive month with sales beating the previous year’s collection. We thank our residents for continuing to SHOP COLLEYVILLE. Exceptional People Do Exceptional Things – A few weeks back we experienced a brief winter storm event. During that two-day event most businesses closed and residents hunkered-down to wait out the snow and ice. This was a dangerous time and our staff members were encouraged to use benefit time and stay home if they were concerned for their safety. In keeping with our tradition, City Hall and the Library were open to serve the needs of our residents. Eddie Wilson, Chief Building Official, decided to sleep in his office from Wednesday through Friday. He did so to guarantee he was available to serve our citizens with building concerns during this event. Larry Wright and Chris Pena – individuals who drive in daily from Weatherford and Wise County respectively – arrived at work City Council Minutes February 15, 2022 City of Colleyville Page 4 like it was any other day. Randy Bright – 2021 employee of the year – picked up Mary Rodne to ensure the Library would open. Toni Shults and Kyle Lester staffed Utility Billing to ensure residents could deal with water account issues or frozen pipes. Joshua Pittman and Jaime Gutierrez made sure our buildings were ready to serve those in need. Our first responders – Public Works, Fire, and Police – responded 24-7 to the needs of our residents in the field. Colleyville Clean Sweep Set for March 5 – Our annual clean-up event, Clean Sweep, returns March 5. Clean Sweep offers residents a one-stop drop off event with five stations: the Crud Cruiser (household hazardous waste), electronics recycling, document shredding, bulk/brush trash, and tire recycling. The event will run from 9-11 a.m. and is free for Colleyville residents with proof of residency. New location this year – south parking lot at City Hall. This year, our Clean Sweep event will also include a community clean-up day for all. Activities will be provided for kids and lunch will be served to participants. Vaccination Update: The Fire Department continues to offer vaccinations and boosters for residents. Recently, we were notified Pfizer will make available a vaccine for children under 5 years of age. We have decided not to administer vaccinations at that age level as we feel it is best handled between parent and physician. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22- 4698 4a Approval of the minutes of the regular City Council meeting of February 1, 2022 Mayor Newton read Resolution R-22-4698 in its entirety. Mayor Newton opened and closed the public hearing at 7:44 p.m. as there were no speakers. Councilmember Dodson made a motion to approve Resolution R-22-4698 seconded by Councilmember Rigney. The motion to approve carried by the following vote: Ayes: 5 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, and Rigney. Absent: 2 – Mayor Pro Tem Lindamood and Councilmember Kelley. City Council Minutes February 15, 2022 City of Colleyville Page 5 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - January 2022 Finance Director Kyle Lester presented the January 2022 financial report, which is the fourth month of the City’s fiscal year. Director Lester noted there is nothing substantially outstanding in the report, but noted while revenues are well in positive territory, cash flow is still trailing last year’s position, driven by higher personnel costs and lower revenue collections. Director Lester reviewed sales tax revenue, utility fund, drainage fund, hotel fund, and the debt service fund. There was no discussion. 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-22-2192 THE APPLICANT REQUESTS TO TABLE THE ITEM TO THE MARCH 2, 2022 MEETING - Request to appeal the decision by the Planning and Zoning Commission for the consideration of a zoning change from PUD-C Planned Unit Development-Commercial district to PUD-C Planned Unit Development-Commercial district, specifically for a senior living facility, for Lots 1 and 2, Block A, Heritage Farms, located at 913 Cheek- Sparger Road and 3808 Wayne Drive, Case ZC21-037 Mayor Newton stated the applicant requested to table this item. Mayor Newton made a motion to table Ordinance O-22-2192, seconded by Councilmember Nakamura. The motion to table carried by the following vote: Ayes: 5 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, and Rigney. Absent: 2 – Mayor Pro Tem Lindamood and Councilmember Kelley. 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-22-2190 Consideration of a Special Use Permit for a Massage Therapy use on a portion of Lot 18, Village at Colleyville Condos, located at 97 Village Lane, Suite 100, Case ZC21-030 Mayor Newton read the caption of Ordinance O-22-2190. City Council Minutes February 15, 2022 City of Colleyville Page 6 Community Development Director Ben Bryner presented this item requesting a Special Use Permit (SUP) to allow for a Massage Therapy use in the PUD-C Planned Unit Development - Commercial district for The Village. Director Bryner stated the massage service will be an added use to an existing spa; it will not be a separate, independent business. Director Bryner noted Councilmember Dodson had requested the SUP be tied to the therapist’s license and stated the ordinance was updated to reflect the request. Councilmember Dodson stated the language does not go far enough and he would like it to also be tied to the abandonment of the business, revocation, expiration, or abandonment of the specific massage therapist license. Mayor Newton opened the public hearing at 8:00 p.m. Kathy Hadley, 204 Timberline Drive N, provided her support for the ordinance. Mayor Newton closed the public hearing at 8:00 p.m. Councilmember Wheat made a motion to approve Ordinance O-22-2190, amending Sec. 3, 1 General d. to read, “The Special Use Permit shall automatically expire upon the abandonment of the business, revocation, expiration, or abandonment of the license for Lacy Pepperman, Licensed Massage Therapist #MT129058, a change in use, a change in ownership, or upon the expiration or termination of the Certificate of Occupancy,” seconded by Councilmember Dodson. The motion to approve carried by the following vote: Ayes: 5 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, and Rigney. Absent: 2 – Mayor Pro Tem Lindamood and Councilmember Kelley. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-22-4699 A resolution authorizing the City Manager to execute such Subdivision Election and Release Forms as may be required by the Texas Attorney General for the City’s participation in the Opioid Litigation Settlement Mayor Newton read Resolution R-22-4699 in its entirety. City Attorney Whitt Wyatt advised the City Council this resolution will provide for the City’s further participation in the global settlement of the State of Texas’ opioid City Council Minutes February 15, 2022 City of Colleyville Page 7 litigation by authorizing settlement with other defendants involved in this litigation, including pharmaceutical manufacturer Endo Health Solutions Inc. Attorney Wyatt stated the City is required to take affirmative steps to ‘opt in’ to these related settlement agreements to receive the settlement funds. For this reason, staff is requesting authorization to execute all subdivision election and release forms and other necessary settlement documents for submission to the Attorney General’s office to continue the City’s participation in the opioid litigation settlement. He stated with approval, the City may be eligible for allocation of additional settlement proceeds in addition to the estimated $46,049 which will be allocated under the Texas Term Sheet. Attorney Wyatt noted all settlement proceeds must be used to mitigate the effects of opioids in the local community in conformance with the Texas Term Sheet previously adopted by the City Council. Councilmember Dodson asked if approval and agreement to the release eliminates the City being able to sue individually. Attorney Wyatt stated yes. There was general discussion on the effects of opioid use and addiction. Mayor Newton opened the public hearing at 8:05 p.m. Kathy Hadley, 204 Timberline Drive N, spoke about the dangers of opioid misuse. Mayor Newton closed the public hearing at 8:07 p.m. Councilmember Dodson made a motion to approve Resolution R-22-4699 seconded by Mayor Newton. The motion to approve carried by the following vote: Ayes: 5 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, and Rigney. Absent: 2 – Mayor Pro Tem Lindamood and Councilmember Kelley. 9. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive N, spoke regarding the bridge south of Glade Road and the reflectors along the roadway. Mrs. Hadley thanked the Council and staff for all their work. City Council Minutes February 15, 2022 City of Colleyville Page 8 10. REPORTS Colleyville Library Board Minutes - October 25, 2021 Parks and Recreation Advisory Board Minutes - November 8, 2021 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, FEBRUARY 15, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22-4700 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 8:12 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 2ND DAY OF MARCH 2022. Minutes taken and prepared by: Christine Loven, TRMC City Secretary