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HomeMy WebLinkAboutCity Council-Agenda Packets-6/21/2022 (2) 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 21, 2022 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of request to appeal staff decision to deny tree removal on Hall- Johnson Road WS-2 Discussion of Preliminary Budget Numbers WS-3 Discussion of moving the July 5, 2022 City Council Meeting to July 6, 2022 WS-4 Discussion of the June 21, 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 legal issues related to the CWD Solid Waste Contract Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the potential future development of the Northern Gateway Property located at the southwest corner of the SH26 and John McCain Road 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 June 21, 2022 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Deacon Rick Griego, Good Shepherd Catholic Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4739 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of the Life Saving Award - Mayor Bobby Lindamood and Police Chief Michael Miller 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4740 4a Approval of the minutes of the regular City Council meeting of June 7, 2022 4b Approval to move the July 5, 2022 City Council Meeting date to Wednesday, July 6, 2022 4c Approval of the renewal for medical insurance and award of dental insurance to BlueCross BlueShield of Texas, and authorize the City Manager to execute the agreements 4d Approval of a construction contract with 308 Construction, LLC for the City Hall/Justice Center Exterior Improvements Project, in an amount not to exceed $649,389.25 and a contingency amount not to exceed $30,000, and authorizing the City Manager to execute the contract 4e Approval to purchase three road and ice sanders, in the amount of $89,732.40, plus freight, from Texas Municipal Equipment, an approved vendor through the Texas Local Government Purchasing Cooperative (BuyBoard), and authorizing the City Manager to execute the purchase agreement 4f Appointing Councilmember Brandi Elder to the Audit Committee, Mayor Bobby Lindamood to the Tax Increment Finance District, and Councilmember George Bond as Council liaison to the Metroport Teen Court and the Sign Board of Appeals City Council Agenda June 21, 2022 City of Colleyville Page 3 4g Approval of naming the Central Fire Station the Richard Newton Central Fire Station and adding language to the Central Fire Station signage reflecting same 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - May 2022 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-22-2204 Consideration of a Special Use Permit for an accessory building to exceed the permitted lot coverage and height for accessory buildings on Lot 3, Block 5, Woodbriar Estates Addition, located at 3708 Briarhaven Lane, Case ZC22-013 6b Ordinance O-22-2205 Consideration of a Special Use Permit for alcoholic beverage sales for on-premise consumption on Lot 3, Block 1, Tara Village, located at 1101 Cheek-Sparger Road, Suite 110, Case ZC22-015 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-22-4741 Appointment of members to the Colleyville Economic Development Corporation 8. CITIZEN COMMENTS 9. REPORTS Colleyville Library Board Minutes - February 14, 2022 Planning and Zoning Commission Minutes - May 9, 2022 Planning and Zoning Commission Worksession Minutes - May 23, 2022 Planning and Zoning Commission Special Meeting Minutes - May 23, 2022 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JUNE 21, 2022 - READING AND PUBLIC HEARING - RESOLUTION R- 22-4742 11. ADJOURNMENT City Council Agenda June 21, 2022 City of Colleyville Page 4 I hereby certify this agenda was posted on City Hall bulletin boards Friday, June 17, 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 Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-1 Agenda Date 6/21/2022 Type Worksession Department City Manager Title Discussion of request to appeal staff decision to deny tree removal on Hall-Johnson Road Explanation This agenda item provides for discussion of a request from the Highland Meadows Homeowner's Association to appeal City staff's decision to deny additional tree removal on Hall-Johnson Road. Attachments 1.Hall-Johnson Trees Presentation Highland Meadows HOA Request to Remove Trees on Hall-Johnson City Council Worksession June 21, 2022 Appeal of Staff Denial of Tree Removal •CMO, Community Development, and Public Works staff have been meeting with members of the Highland Meadows HOA Board for about two years •The HOA is focused on landscape improvements to the area between their subdivision wall and the street Background •As the adjacent private property owner, the HOA holds maintenance responsibility for the ROW area •The HOA has developed proposed landscape plans for the area, however implementation of such would require removal of many (potentially all) trees along Hall-Johnson Road •City staff made multiple site visits to review conditions •Urban Forester assessed the trees on Hall-Johnson bordering Highland Meadows •52 total trees in the ROW •Nine trees noted as possibilities for removal due to: •Blocked sight lines for vehicular traffic entering/exiting the neighborhood •Tree health or crowding which could impede future canopy expansion •Of the nine identified, the City removed only five trees, with a plan to continue monitoring the others (conditions did not necessitate removal at this time) City Actions To-Date City Actions To-Date City Actions To-Date City Actions To-Date City Actions To-Date City Actions To-Date •HOA has implemented improvements in several areas where they determined conditions were appropriate (concerned about ability for plant growth in areas with trees due to shade and roots) •Multiple HOA meetings to discuss the Board’s plans and secure approval from HOA HOA Actions To-Date •Removal of additional trees in the ROW requires approval of the City and staff has denied the request to remove any additional trees at this time •Denial based on: 1.No immediate/urgent need for further removal 2.Overall impact to the community by eliminating the tree-lined streetscape •Staff expressed support for the HOA’s desire to improve the area and encouraged shade tolerant plantings and designs that work with the existing trees •The HOA desires to appeal this decision, to seek approval from the City Council to remove additional trees •Staff is seeking direction from the City Council Appeal by HOA Questions and Discussion City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-2 Agenda Date 6/21/2022 Type Worksession Department Finance Title Discussion of Preliminary Budget Numbers Explanation This item provides for City Council and staff to begin preparation of the FY 2023 budget. Attachments 1.Budget Worksession Presentation FY 2023 Preliminary Projections Budget Worksession June 21, 2022 Agenda •History of efforts •Property Tax preliminary figures •Operating fund preliminary projections •Agency Agreement funding History of Efforts FY 2018 - 2019 •Leaner staffing model – able to absorb health insurance cost increases •Underwent compensation and classification study, incorporated results FY 2020 - 2021 •Aligned spending with special revenue and capital funds •Maintained effective/no-new-revenue (NNR) tax rate FY 2022 •Continued expanded use of sales tax funds – CEDC and CCCPD •Continue annual compensation increases •NNR Tax rate for 4th consecutive year FY 2023 •NNR Tax rate assessed/reviewed for 5 th consecutive year •Funding market increases from compensation study (+/- $800,000 estimate) •Eliminating $1.5 million transfer from the General Fund to Capital Fund (NNR option) •No increase in health insurance costs May Value Estimates •Residential reappraisals up an average of 20% county-wide •May estimates put our residential reappraisals up 12%, avgerage residential property value of $656,000 •Total value increase of 6% as of May •$68 million in new construction about $150,000 in additional revenue •Exempt properties up 16%, from $1.46 billion to $1.7 billion Tax Rate •Property tax rates have two components: •Maintenance & Operations (M&O) tax rate – General Fund •Interest & Sinking (I&S)/debt service tax rate – Debt Service Fund First year for no-new- revenue rate City-Wide Spending MillionsPoliceFirePublic WorksParksLibraryNon-DepartmentalFinanceInformation ServicesCommunity DevelopmentCity AdministrationMunicipal CourtCommunicationsColleyville CenterCapital Equipment Reserve FundHuman ResourcesLegalCity SecretaryEconomic DevelopmentCity Council$ - $ 1 $ 2 $ 3 $ 4 $ 5 $ 6 $ 7 $ 8 $ 9 23%21% 17% 18% 4%4%4%3%3%2%2%2%2%1%1%<1%<1%<1%<1% City-Wide Operational Spending FY22 - FY23 2022 2023 Most operational resources dedicated to personnel-heavy services: Police – 23% Fire – 21% Public Works – 17% City-Wide Spending – Top Three Services MillionsPolice Fire Public Works $ - $ 1 $ 2 $ 3 $ 4 $ 5 $ 6 $ 7 $ 8 $ 9 23% 21%20% 25% 21% 18% 23% 21% 18% 22% 21% 17% 23% 21% 17% Police, Fire, Public Works 2019 2020 2021 2022 2023 General Fund Projections Projection Includes: •No-New-Revenue Tax Rate in FY23, 3.5% taken in FY24 - FY27 •Funding for compensation program •Removal of $1.5 million transfer to capital fund General Fund Projections Projection Includes: •Full 3.5% taken in FY23 - FY27 •Funding for compensation program •Retain $1.5 million transfer to capital fund General Fund Projections By Department $1.5 million transfer to capital fund removed from Streets Utility Fund Projections City Expenses (determines base rate) TRA Expenses (determines volumetric rates) •Small rate increase needed Utility Fund Projections - Rates FY 2023 Recommendation Slight increases to water/wastewater base rates CIP rate remains at $5.83 +$0.57 to $5.69 +$0.77 +$0 +$1.34 to +$6.46 Water Meter Size FY 2022 Water FY 2022 Wastewater FY 2022 CIP FY 2022 Total 1" Meter $14.06 $12.32 $5.83 $32.21 1.5" Meter $28.12 $12.32 $10.79 $51.23 2" Meter $45.00 $12.32 $16.75 $74.07 3" Meter $84.37 $12.32 $30.65 $127.34 4" Meter $140.61 $12.32 $50.49 $203.42 Water Meter Size FY 2023 Water FY 2023 Wastewater FY 2023 CIP FY 2023 Total 1" Meter $14.63 $13.09 $5.83 $27.72 1.5" Meter $29.26 $13.09 $10.79 $42.35 2" Meter $46.82 $13.09 $16.75 $59.90 3" Meter $87.78 $13.09 $30.65 $100.87 4" Meter $146.30 $13.09 $50.49 $159.39 Drainage Fund Projections Hotel Fund Projections •Continue to fund large portions of the Colleyville Center and Events Specialist here •Will use some funding for events/promotion of the arts Debt Service Fund Projections •General obligation debt paid off in FY 2027 •Continue to evaluate debt strategy to ensure alignment with identified needs Bond Payment Schedule Property Tax-Backed Debt (incl. leases) FY Principal Interest Total DS 2023  $           705,468  $     62,042  $         767,510  2024  $           603,983  $     42,552  $         646,535  2025  $           618,345  $     29,190  $         647,535  2026  $           512,126  $     15,509  $         527,635  2027  $           475,000  $        4,750  $         479,750  2028  $                      -    $                  -    $                    -    2029  $                      -    $                  -    $                    -    $ 2,914,922 $ 154,043 $ 3,068,965 Non-Callable Agency Agreements Agency 2016 Approved 2017 Approved 2018 Approved 2019 Approved 2020 Approved 2021 Approved 2022 Approved Alliance for Children $3,500 $3,500 $3,500 $3,500 $3,500 $3,500 $3,500 GRACE $7,500 $7,500 $7,500 $10,000 $15,000 $25,000 $25,000 Metroport Meals on Wheels $10,000 $10,000 $12,000 $10,000 $12,000 $12,000 $12,000 Safe Haven $1,000 $1,000 $1,000 $1,500 $1,500 $1,000 $1,000 Special Needs Assistance Partners (SNAP)$500 $500 $500 $500 $500 $1,000 $1,000  $26,740 $26,240 $30,400 $25,500 $32,500 $32,500 $42,500 Questions and Discussion City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-3 Agenda Date 6/21/2022 Type Worksession Department City Secretary Title Discussion of moving the July 5, 2022 City Council Meeting to July 6, 2022 Explanation This item provides for discussion of moving the July 5, 2022 City Council Meeting to July 6, 2022. Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number WS-4 Agenda Date 6/21/2022 Type Worksession Department City Secretary Title Discussion of the June 21, 2022, City Council regular agenda items City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 6/21/2022 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the CWD Solid Waste Contract Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the potential future development of the Northern Gateway Property located at the southwest corner of the SH26 and John McCain Road 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 Attachments RESOLUTION R-22-4739 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JUNE 21, 2022 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 21ST DAY OF JUNE 2022. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3 Agenda Date 6/21/2022 Type Announcements, Proclamations, and Presentations Department City Secretary Title Presentation of the Life Saving Award - Mayor Bobby Lindamood and Police Chief Michael Miller Attachments RESOLUTION R-22-4740 APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JUNE 21, 2022 WHEREAS, City Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of June 7, 2022 b. Approval to move the July 5, 2022 City Council Meeting date to Wednesday, July 6, 2022 c. Approval of the renewal for medical insurance and award of dental insurance to BlueCross BlueShield of Texas, and authorize the City Manager to execute the agreements d. Approval of a construction contract with 308 Construction, LLC for the City Hall/Justice Center Exterior Improvements Project, in an amount not to exceed $649,389.25 and a contingency amount not to exceed $30,000, and authorizing the City Manager to execute the contract e. Approval to purchase three road and ice sanders, in an amount of $89,732.40, plus freight, from Texas Municipal Equipment, an approved vendor through the Texas Local Government Purchasing Cooperative (BuyBoard), and authorizing the City Manager to execute the purchase agreement f. Appointing Councilmember Brandi Elder to the Audit Committee, Mayor Bobby Lindamood to the Tax Increment Finance District, and Councilmember George Bond as Council liaison to the Metroport Teen Court and the Sign Board of Appeals g. Approval of naming the Central Fire Station the Richard Newton Central Fire Station and adding language to the Central Fire Station signage reflecting same Resolution R-22-4740 Page 2 of 2 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 21ST DAY OF JUNE 2022. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 7, 2022 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, June 7, 2022, at 5:30 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, George Dodson, and Chuck Kelley. ABSENT: Councilmember Callie Rigney ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Interim Public Works Director/City Engineer Larry Wright, Human Resources Director Jesse Perez, Finance Director Kyle Lester, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Overview of the budget process Finance Director Kyle Lester reviewed the budget process with City Council. He provided a background of each of the major funds, and how funds can be used. Director Lester noted the budget looks for and serves as a financial plan while the Annual Report, which is an audit, looks backward and follows the General Accepted Accounting Principles, and records actual revenues to expenditures. He noted a high level glance of City Council’s actions to include formally adopting the budget (expenditures) as a total for each operating fund, amending the budget if needed, setting the tax rate and all other City fees and charges, adopting a 5-year CIP, and approval of all purchases and contracts over $50,000. WS-2 Review of health insurance renewal Human Resources Director Jesse Perez provided an overview of the request for proposals and the criteria. He explained the negotiation process and reviewed the City’s loss ratio. Director Perez stated BCBSTX is recommended for the 2022/2023 plan year, with a 2.0% decrease to rates with no plan design changes. Based on the City’s loss ratio over the last twelve months (92.3%), HUB’s internal projections called for a +9.9% increase to premiums. Originally the City received a +1.8% increase and was negotiated to a 2.0% decrease. BCBSTX then agreed to an additional 1% discount for bundling medical and dental with BCBSTX. This reduced the best and final offer to a 3% decrease without any plan design changes. City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 2 WS-3 Update and discussion of the City's wayfinding signage Assistant City Manager Adrienne Lothery noted recommendations for wayfinding signage was brought to the City Council in December 2021. At that time, Council directed MESA and Square Peg to provide additional options for sign design on the pole bollards and additional choices for a monogram. She then introduced David Newman, of MESA, and Eileen Simeonov, of Square Peg, who provided four options of signage and monograms, each having some unique detail. The Council selected an ornate base, utilizing the font Goudy, with the monogram at the top. There was general discussion regarding the type lettering: reflective vinyl, engraved, or internally lighted options. WS-4 Presentation on the draft Water, Wastewater, and Roadway Impact Fee update study Interim Public Works Director/City Engineer Larry Wright gave an overview of the process and recommendation of the Capital Improvements Advisory Committee CIAC, and noted the City first began collecting roadway and water impact fees in 1990, and added wastewater impact fees in 1995. The current impact fees were adopted on August 21, 2012. He stated the City engaged the services of Kimley- Horn, who worked with the CIAC to make recommendations which were brought before the City Council October 2021. City Council asked for additional analysis at that time. Director Wright then introduced April Escamillia and Jeff Whitaker, of Kimley-Horn. Ms. Escamillia led the Council through the analysis and recommendations and reviewed the timetable for an approval of the draft and advertising dates. City Manager Jerry Ducay stated the impact fees are charged on new development to assist in supporting infrastructure. As Colleyville is almost built out, current residents and businesses will be effected the least. WS-5 Discussion of the June 7, 2022, City Council regular agenda items Mayor Lindamood stated he would plan to move to tabled item 7a right after the vote on 5a, in consideration of the applicant. Mayor Lindamood adjourned the Worksession at 6:31 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 City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 3 Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the CWD Solid Waste Contract Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the potential future development of the Northern Gateway Property located at the southwest corner of the SH26 and John McCain Road 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 Lindamood adjourned Executive Session at 7:09 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:30 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, George Dodson, and Chuck Kelley. ABSENT: Councilmember Callie Rigney INVOCATION: Katie Newkirk, First United Methodist PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt Mayor Lindamood wished Councilmember Chuck Kelley a happy birthday. Mayor Lindamood thanked the City Council design team of Mayor Pro Tem Wheat, Councilmember Callie Rigney, and former Councilmember Tammy Nakamura for selecting the redesign of the Council Chambers. 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4732 Mayor Lindamood read Resolution R-22-4732 in its entirety. City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 4 Assistant City Manager Mark Wood presented this item. He stated Section 1 provides for a BEST Grant with Zafiros Mexican Grill for interior and exterior improvements to include a fire suppression system. He stated the second item is to provide for another economic development program for citizens with the return of the $35 gift card, which will be mailed to every household, and a $50 card which will be distributed by the Ministerial Alliance. As there were no speakers, Mayor Lindamood opened and closed the public hearing. Mayor Pro Tem Wheat made a motion to approve Resolution R-22-4732, seconded by Councilmember Dodson. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Kelley. Absent: 1 – Councilmember Rigney 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4732-1 Mayor Lindamood recused himself from Resolution R-22-4732-1, as his company had bid on the job, Though the award was not made to his company, Mayor Lindamood felt it best to abstain. Mayor Pro Tem Wheat read Resolution R-22-4732-1 in its entirety. Assistant City Manager Mark Wood presented this item. He stated the resolution provides a BEST Grant for buildings on Colleyville Boulevard to be demolished, which will beautify the area within the corridor. As there were no speakers, Mayor Pro Tem Wheat opened and closed the public hearing. Councilmember Dodson made a motion to approve Resolution R-22-4732- 1, seconded by Councilmember Elder. The motion to approve passed by the following vote: Ayes: 5 – Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Kelley. City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 5 Abstain: 1 - Mayor Lindamood Absent: 1 – Councilmember Rigney 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Lindamood and the City Council made the following announcements: Leadership Comes from the Top - Servant Leadership Comes from the Heart: I enjoy emails sharing positive experiences with our City staff. Last week, I received a wonderful letter from a resident extolling the efforts of Assistant City Manager Mark Wood. The letter touted Mark’s simple effort of kindness personally picking up brush after work hours on a Friday evening. Each of us has a calling to serve others. It is wonderful to hear when the call is answered. It is noteworthy when it occurs outside the business day. Great job Mark! Glade Road/Bluebonnet Intersection Update: The Glade Road and Bluebonnet Drive Safety Improvements Project has now started. The Glade/Bluebonnet intersection will be fully closed while this portion of the project is constructed. The intersection project will take six months to complete, which aligns with the full Glade Road Project completion date of November 2022. The City has the ability to enact penalties if the timeline is not met, but not for events out of the contractor’s control such as weather. The intersection project was originally scheduled to begin in March with a six-month completion in August; however, staff moved the start date back to allow for two-way traffic from Bluebonnet Drive to Behrens Court before the project started. This decision was made because of the intersection having to be closed to minimize inconvenience to residents on the east side. Message boards will be utilized to notify the traveling public of the project and will be updated, as needed. We realize this closure will inconvenience Colleyville citizens, and the City appreciates your patience and understanding as we begin this next phase of construction. For questions or concerns, we encourage residents to contact Construction Manager Corey Lawson at (817) 503-1093. Plaza Concert June 9 Features Lindsey Kate: Join us Thursday, June 9 at 6:30 p.m. for the Lindsey Kate Band. Lindsey Kate is a singer/songwriter, Nashville- recorded artist from Texas with a soulful sound well beyond her years. The band will perform tribute performances to artists from the 60's to present-day, along with heartfelt originals. Frio's Gourmet Pops will hand out free popsicles at both concerts to keep everyone cool in the summer heat! Stars & Guitars Scheduled for June 24: This year's Stars & Guitars celebration will be held at City Park on the baseball fields behind City Hall. The event will take City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 6 place Friday, June 24 from 5:00 p.m. – 10:00 p.m. After the concert, we will light up the sky with an amazing fireworks show. Stars & Guitars is a free, family- friendly event with music, food, and fun for everyone. Best of all, it’s FREE! Kids Fire Camp Next Week: The Colleyville Fire Department will host a Kids Fire Camp June 8-10 at the Central Fire Station. The camp is open to ages 9-13. Instructed by Colleyville firefighters, campers get hands-on experience practicing the skills required to be a firefighter. Green Ribbon Grant Funding for SH26 Beautification: Later tonight, this council will consider a resolution accepting a grant from TxDOT for landscape enhancements along the SH26 corridor south of Brown Trail. With the medians north of Brown Trail recently completed, the City will now turn our attention to the streetscape along the southern gateway of our community. The grant provides $172,000 in funding from the state and federal government with the City contributing an additional $30,000 toward the project. This is yet another example of the successful pursuit of grant funding to enhance the appearance of our community without burdening the local property tax payer. We thank our partners at TxDOT! Proclamation in recognition of National Garden Week June 5-11, 2022 - Mayor Bobby Lindamood and Colleyville Garden Club President Carmen Day-Alexander Mayor Lindamood welcomed Colleyville Garden Club President Carmen Day- Alexander, who introduced club members Scotty Richardson, Ann Morgan, Dee Ann Rhodes, Anita Barnwell and MaryAnn Nicholson. President Alexander thanked the Mayor and City Council for the recognition and for being able to partner with the City in their beautification efforts. Mayor Lindamood thanked the Garden Club and presented a proclamation, which he read. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4733 4a Approval of the minutes of the Special City Council meeting of May 17, 2022 4b Approval of the minutes of the regular City Council meeting of May 17, 2022 4c Approval of setting the dates of July 19, and August 2, 2022, for public hearings to consider approval of Land Use Assumptions, Roadway, Water and Wastewater Capital Improvement Plans, and Impact Fees in accordance with Chapter 395, Section 042 of the Texas Local Government Code Mayor Lindamood read Resolution R-22-4733 in its entirety. City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 7 Interim Public Works Director/City Engineer Larry Wright presented item 4c noting the City’s consultant Kimley-Horn discussed the details of the impacts fees with City Council at the Worksession conducted prior to the meeting. He stated this item provides for the formal notice of public hearings to discuss the land use assumptions, roadway, water and wastewater capital improvement plans, and impact fees. City Manager Jerry Ducay stated the impact fees are designed for new development to pay for improvements. As there were no speakers, Mayor Lindamood opened and closed the public hearing. Councilmember Kelley made a motion to approve Resolution R-22-4733, seconded by Councilmember Dodson. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Kelley. Absent: 1 – Councilmember Rigney 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-22-2201 Consideration of a zoning change from R-10 Single Family Residential to R-30 Single Family Residential zoning district for Lot 1, Block 1, Brown Addition Colleyville, located at 5412 Pleasant Run Road, Case ZC22-014 Mayor Lindamood read the caption of Ordinance O-22-2201. Community Development Director Ben Bryner presented this item which is a request to rezone the property from R-10 to the R-30 district, which was at the request of the City Council. Director Bryner noted the property complies with the R-30 zoning, except for lot width. He stated the lot width is 110 feet and is a condition of the approval. Mayor Lindamood thanked applicant Bruce Crandall for seeking the zoning at the request of the City Council. As there were no speakers, Mayor Lindamood opened and closed the public hearing. City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 8 Councilmember Dodson made a motion to approve Ordinance O-22-2201, seconded by Councilmember Bond. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Kelley. Absent: 1 – Councilmember Rigney Mayor Lindamood moved to item 7a which accompanies the 5a item at 8:17 p.m. and returned to 5b at 8:22 p.m. 5b Ordinance O-22-2202 Consideration of a zoning change from ML Light Manufacturing to CC-1 Village Retail zoning district for Lot 16R1A, Block 1, Colleyville Industrial Park, located at 6407 Colleyville Boulevard, Case ZC22-017 Mayor Lindamood read the caption of Ordinance O-22-2202. Community Development Director Ben Bryner presented this request to rezone from the ML Light Manufacturing district to the CC-1 Village Retail district to allow for retail and office uses. Director Bryner stated the ‘Massage Therapy’ use is allowed with approval of a Special Use Permit in the CC-1 district and the current size of the property complies with all the minimum standards of the CC-1 Village Retail commercial zoning. He stated the ML zoning does not allow for massage therapy at this location, but the CC-1 zoning would allow the proposed acupuncture business, classified as a ‘Massage Therapy’ use, to operate with approval of a Special Use Permit. Applicant Nona Samidon stated she was not aware the proper zoning for the use was not in place. She also noted she has a concern for the address as another business also uses the same address. City Manager Jerry Ducay stated there would be a very high impact to businesses along Colleyville Boulevard if readdressing was sought. As there were no speakers, Mayor Lindamood opened and closed the public hearing. Councilmember Kelley made a motion to approve Ordinance O-22-2202, seconded by Councilmember Elder. The motion to approve passed by the following vote: City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 9 Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Kelley. Absent: 1 – Councilmember Rigney 5c Ordinance O-22-2203 Consideration of a Special Use Permit for a Massage Therapy use on Lot 16R1A, Block 1, Colleyville Industrial Park, located at 6407 Colleyville Boulevard, Case ZC22-018 Mayor Lindamood read the caption of Ordinance O-22-2203. Community Development Director Ben Bryner presented this request which is the companion to the previous rezoning request and stated with the zoning being approved; a Special Use Permit to allow a massage therapy use could be issued for the CC-1. Director Bryner then reviewed the massage therapy requirements and SUP language. As there were no speakers, Mayor Lindamood opened and closed the public hearing. Councilmember Dodson made a motion to approve Ordinance O-22-2203, seconded by Councilmember Bond. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Kelley. Absent: 1 – Councilmember Rigney 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-22-2204 Consideration of a Special Use Permit for an accessory building to exceed the permitted lot coverage and height for accessory buildings on Lot 3, Block 5, Woodbriar Estates Addition, located at 3708 Briarhaven Lane, Case ZC22-013 Mayor Lindamood read the caption of Ordinance O-22-2204. Community Development Director Ben Bryner presented this request for a Special Use Permit for an accessory building to exceed the maximum lot coverage for accessory buildings and maximum height, to allow for an existing accessory building which exceeds the 4% maximum lot coverage and maximum height allowed for accessory buildings. Director Bryner stated the applicant is requesting City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 10 to allow an existing 1,545 s.f. detached garage to remain. It was permitted and built in 1992 for 1,188 s.f. A portion of the structure was open and functioned as a carport. Over the years the structure has been enclosed which increased its size. Applicant Will Priest came forward to answer questions of the City Council. Mr. Priest stated he hired a contractor and he believed everything was in order. He stated the HOA and neighbors approve of the structure. He also noted when he was advised he had to have a permit; he went into the City office to obtain one. Mayor Lindamood stated it is important to do the homework when hiring a contractor. In this case, the contractor nor homeowner checked for compliance. As there were no speakers, Mayor Lindamood opened and closed the public hearing. This was a first reading; therefore, no action was taken. 6b Ordinance O-22-2205 Consideration of a Special Use Permit for alcoholic beverage sales for on- premise consumption on Lot 3, Block 1, Tara Village, located at 1101 Cheek-Sparger Road, Suite 110, Case ZC22-015 Mayor Lindamood read the caption of Ordinance O-22-2205. Community Development Director Ben Bryner presented this item, a request for a Special Use Permit to allow alcoholic beverage sales for on-premise consumption at Across the Pond, 1101 Cheek-Sparger Road, Suite 110, as the ownership of the business is changing. Alcoholic beverage sales for on-premise consumption are allowed in the CC-1 Village Retail district with the approval of an SUP. The ownership of the business is changing. Applicant John Humphreys reviewed the business hours and stated the restaurant will continue to serve good food. As there were no speakers, Mayor Lindamood opened and closed the public hearing. This was a first reading; therefore, no action was taken. Mayor Lindamood moved to this item at 8:17 p.m. following approval of item 5a, the companion ordinance to this item. City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 11 7.TABLED ORDINANCE(S): READING AND PUBLIC HEARING 7a Ordinance O-22-2195 Consideration of a Special Use Permit for a fence to encroach into the front yard setback on Lot 1, Block 1, Brown Addition, Colleyville, located at 5412 Pleasant Run Road, Case ZC22-002 Mayor Pro Tem Wheat made a motion to remove Ordinance O-22-2195 from the table, seconded by Councilmember Elder. The motion to remove Ordinance O-22-2195 passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Kelley. Absent: 1 – Councilmember Rigney Mayor Lindamood read the caption of Ordinance O-22-2195. Community Development Director Ben Bryner presented this request for a Special Use Permit to allow a wooden rail fence to encroach into the front yard setback. Director Bryner noted this item had been tabled waiting on the zoning approval to R-30, which the City Council requested the applicant to seek. As there were no speakers, Mayor Lindamood opened and closed the public hearing. Mayor Pro Tem Wheat made a motion to approve Ordinance O-22-2195, seconded by Councilmember Dodson. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Kelley. Absent: 1 – Councilmember Rigney 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-22-4734 Consideration of a variance to the provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically for lot area in the R-20 Single Family Residential district, for Lot 20, Block 1, Rustic Oaks Addition, located at 5513 Valley View Drive West, Case VC22- 006 City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 12 Mayor Lindamood read Resolution R-22-4734 in its entirety. Community Development Director Ben Bryner presented this item noting the applicant is requesting a variance to the lot size to allow a new patio cover to be constructed. The existing R-20 zoning requires a minimum of 20,000 sq. ft. for the lot size, the variance would allow for the existing lot size of 17,981 sq. ft. Applicant Patricia Bauder thanked City Council for their consideration and stated the patio will be a little smaller than originally planned due to a large tree on their property. Mayor Lindamood noted the lot size was out of control of the applicant. As there were no speakers, Mayor Lindamood opened and closed the public hearing. Councilmember Dodson made a motion to approve Resolution R-22-4734, seconded by Councilmember Kelley. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Kelley. Absent: 1 – Councilmember Rigney 8b Resolution R-22-4735 Consideration of a preliminary/final plat for Lots 2AR-1, 2AR-2, 3, 4, 5, and 6, Block 1, Shirley Allgood Addition, being Tracts 3P1, 3R1, and 6A17, and 6A15, Abstract 328, Simon Cotrail Survey, and Lots 2R1 and 2R2, Block 1, Shirley Allgood Addition, located at 1804 Tyler Street, 1900 Tyler Street, 1907 Renfro Road, and 1911 Renfro Road, Case PC22-006 Mayor Lindamood read Resolution R-22-4735 in its entirety. Community Development Director Ben Bryner presented this item seeking approval to plat/replat the property in order to allow for redevelopment and the construction of new single-family homes on six total lots. The proposed plat creates four new single-family residential lots. Two lots are being redesigned and currently have an existing home. Access for five lots will be off Tyler Street and one lot’s access is along Renfro Street. The most current Drainage Plan was submitted to and reviewed by the City Engineer. The review determined the plan is satisfactory and complies with the Land Development Code. The plan shows three detention ponds are needed. The Planning and Zoning Commission recommended the westernmost detention pond be completed before any permitting for the lots on Tyler Street. This condition has been included in the resolution. City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 13 There was discussion between the City Council and Interim Public Works Director/City Engineer Larry Wright, and the applicant’s engineer Jeff Ground, J. S. Ground Engineering, 4108 Dundee Court. As there were no speakers, Mayor Lindamood opened and closed the public hearing. Mayor Pro Tem Wheat made a motion to approve Resolution R-22-4735, seconded by Councilmember Elder. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Kelley. Absent: 1 – Councilmember Rigney 8c Resolution R-22-4736 Suspension of the June 17, 2022 effective date of Oncor Electric Delivery Company's requested rate change Mayor Lindamood read Resolution R-22-4736 in its entirety. Assistant City Manager Adrienne Lothery presented this item noting approval of the resolution will suspend the effective date of Oncor’s requested rate increase for 90 days. This will allow time for the consultants of the Oncor Cities Steering Committee to analyze the rate request and work to negotiate down the requested increase. Manager Lothery stated this is the first comprehensive base rate case Oncor has filed since 2017. As there were no speakers, Mayor Lindamood opened and closed the public hearing. Councilmember Dodson made a motion to approve Resolution R-22-4736, seconded by Councilmember Kelley. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Kelley. Absent: 1 – Councilmember Rigney City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 14 8d Resolution R-22-4737 A resolution approving an advanced funding agreement with the Texas Department of Transportation for Green Ribbon funding for the beautification of SH26 from Cheek-Sparger Road to Brown Trail, providing for local funding from the City’s capital improvements program fund, and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-22-4737 in its entirety. Interim Public Works Director/City Engineer Larry Wright stated the Texas Department of Transportation (TxDOT) has approved $172,000 in Green Ribbon funding reimbursement for eligible expenses related to the beautification of SH26 from Cheek-Sparger Road to Brown Trail to extend the previous SH26 corridor beautification. Project details and plans are currently being finalized and reviewed by TxDOT, with an anticipated bid opening date (project letting) of July 2022. Director Wright noted the City would be on a tight line, as the projects must be bid by July. Mayor Lindamood opened the public hearing. Scotty Richardson, 2005 Reynolds Drive, thanked the City Council working so hard on the beautification of the City. There were no others wishing to speak, and Mayor Lindamood closed the public hearing. Councilmember Bond made a motion to approve Resolution R-22-4737, seconded by Councilmember Dodson. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Kelley. Absent: 1 – Councilmember Rigney 9. CITIZEN COMMENTS There were no speakers. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JUNE 7, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22- 4738 This resolution was not needed. City Council Minutes - DRAFT June 7, 2022 City of Colleyville Page 15 11. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 9:40 p.m. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 21ST DAY OF JUNE 2022. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 6/21/2022 Number Resolution R-22-4740 Type Resolution Department City Secretary Title Approval to move the July 5, 2022 City Council Meeting date to Wednesday, July 6, 2022 Strategic Plan 1.1 Actively involve and engage stakeholders Explanation Reading and Public Hearing This item seeks approval to move the regularly scheduled City Council Meeting from Tuesday, July 5, 2022, to Wednesday, July 6, 2022. The City of Colleyville will be closed on Monday, July 4, 2022, in observance of Independence Day. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4c Agenda Date 6/21/2022 Number Resolution R-22-4740 Type Resolution Department Human Resources Title Approval of the renewal for medical insurance and award of dental insurance to BlueCross BlueShield of Texas, and authorize the City Manager to execute the agreements Strategic Plan 2.2 Recruit and retain a highly-qualified workforce 2.4 Demonstrate stewardship of public resources Explanation Reading and Public Hearing In April of each year, the City evaluates employee health insurance for the upcoming fiscal year to ensure it is remaining competitive on plans and premiums. Staff instructed the City's benefits broker, HUB International, to seek competitive proposals using the City's current plan designs. Only medical and dental insurance were bid as the other benefits were in a rate guarantee. During the June 7, 2022 City Council Worksession, City staff presented and discussed with City Council the employee health insurance bid results and provided the recommendations for Fiscal Year 2023 (FY23). Medical Insurance: The initial bid from BCBSTX was +1.8 percent increase (or $45,221) to current premiums. After negotiations, BCBSTX presented the City with an offer of -2.0 percent decrease (or $50,246) which also included an option to package dental insurance with an additional 1.0 percent discount. Overall, the final offer from BCBSTX resulted in a -3.0 percent decrease (or $75,369). Dental Insurance: For dental insurance, BCBSTX presented the City with a +7.4 percent increase (or $10,501) on current dental premiums. That increase was offset with a one-time bill credit of $12,000. By packaging both the medical and dental insurance, the City was able to achieve a lower rate on the medical insurance. Summary The City’s annual insurance renewal process provides an opportunity for the City to strategically evaluate available options for all lines of coverage and optimize its benefit offerings to employees. The City’s insurance broker, HUB International, works closely City Council Agenda Briefing 4c City of Colleyville Page 2 with staff to formulate the most beneficial and cost-effective recommendations which are then brought forward to the City Council for consideration. For the upcoming year, the recommendation is to renew medical and dental insurance with BlueCross BlueShield of Texas. Cost Impact for Benefits: Plan Cost Difference Recommendations Medical -$75,369 Renew with BCBSTX with the same plan designs with -3.0 percent decrease which includes 1.0 percent discount to package medical and dental plans. Dental +$10,501 Renew with BCBSTX with same plan design with a +7.4 percent increase. Dental Credit -$12,000 One-time bill credit to offset the premium increase. Cost Change FY23 -$76,898 Cost to the City If the recommendations are approved, the total budgetary impact to the City would be a decrease of $76,898 for FY23. Financial Impact Impact to FY23 budget is a decrease of $76,898. Recommendation Approve Attachments 1.Health Insurance Renewal Presentation 2.CIQ - BlueCross BlueShield 3.Form 1295 FY2023 BENEFITS RENEWAL Total Cost Change to the City FY23 Plan Cost Diff Recommendations Medical -$75,369 Renew with BCBSTX with the same plan designs with -3.0 percent decrease which includes a 1.0 percent discount to package medical and dental plans . Dental +$10,501 Renew with BCBSTX with the same plan design with a +7.4 percent increase. Dental Credit -$12,000 One-time bill credit from BCBSTX to offset the premium increase. Cost Change FY23 -$76,898 Cost to the City Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 This questionnaire reflects changes made to the law by H.B. 23, 84th Leg., Regular Session. This questionnaire is being filed in accordance with Chapter 176, Local Government Code, by a vendor who has a business relationship as defined by Section 176.001(1-a) with a local governmental entity and the vendor meets requirements under Section 176.006(a). OFFICE USE ONLY Date Received By law this questionnaire must be filed with the records administrator of the local governmental entity not later than the 7th business day after the date the vendor becomes aware of facts that require the statement to be filed. See Section 176.006(a-1), Local Government Code. A vendor commits an offense if the vendor know ingly violates Section 176.006, Local Government Code. An offense under this section is a misdemeanor. 1 Name of vendor who has a business relationship with local governmental entity. 2 Check this box if you are filing an update to a previously filed questionnaire. (The law requires that you file an updated CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental entity FORM CIQ completed questionnaire with the appropriate filing authority not later than the 7th business day after the date on which you became aware that the originally filed questionnaire was incomplete or inaccurate.) Name of Officer 4 Describe each employment or other business relationship with the local government officer, or a family member of the officer, as described by Section 176.003(a)(2)(A). Also describe any family relationship with the local government officer. Complete subparts A and B for each employment or business relationship described. Attach additional pages to this Form CIQ as necessary. A. Is the local government officer or a family member of the officer receiving or likely to receive taxable income, other than investment income, from the vendor? Yes No B. Is the vendor receiving or likely to receive taxable income, other than investment income, from or at the direction of the local government officer or a family member of the officer AND the taxable income is not received from the local governmental entity? Yes X No 5 Describe each employment or business relationship that the vendor named in Section 1 maintains with a corporation or other business entity with respect to which the local government officer serves as an officer or director, or holds an ownership interest of one percent or more. In completing the Conflict of Interest Questionnaire, BCBSTX conducted a reasonable review to complete this questionnaire and determined that Council Member Tammy Nakamura has a spouse (Dr. Y. Anthony Nakamura, M.D.) who also currently has, or recently had, a business relationship with BCBSTX as a healthcare provider that may have resulted in Dr. Nakamura receiving payments for healthcare services rendered to BCBSTX members in excess of $2,500 during the preceding 12 months. No actual or potential conflict exists as a result of this relationship. X 3 Name of local government officer about whom the information is being disclosed. Tammy Nakamura Blue Cross and Blue Shield of Texas (BCBSTX), a Division of Health Care Service Corporation (HCSC), a Mutual Legal Reserve Company *SEE BELOW Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 Signature of vendor doing business with the governmental entity Date- 5-4-2022 7 6 Check this box if the vendor has given the local government officer or a family member of the officer one or more gifts as described in Section 176.003(a)(2)(B), excluding gifts described in Section 176.003(a-1). Form provided by Texas Ethics Commission www.ethics.state.tx.us Revised 11/30/2015 CONFLICT OF INTEREST QUESTIONNAIRE For vendor doing business with local governmental enti ty A complete copy of Chapter 176 of the Local Government Code may be found at http://www.statutes.legis.state.tx.us/ Docs/LG/htm/LG.176.htm. For easy reference, below are some of the sections cited on this form. Local Government Code § 176.001(1-a): "Business relationship" means a connection between two or more parties based on commercial activity of one of the parties. The term does not include a connection based on: (A) a transaction that is subject to rate or fee regulation by a federal, state, or local governmental entity or an agency of a federal, state, or local governmental entity; (B) a transaction conducted at a price and subject to terms available to the public; or (C) a purchase or lease of goods or services from a person that is chartered by a state or federal agency and that is subject to regular examination by, and reporting to, that agency. Local Government Code § 176.003(a)(2)(A) and (B): (a) A local government officer shall file a conflicts disclosure statement with respect to a vendor if: *** (2) the vendor: (A) has an employment or other business relationship with the local government officer or a family member of the officer that results in the officer or family member receiving taxable income, other than investment income, that exceeds $2,500 during the 12-month period preceding the date that the officer becomes aware that (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor; (B) has given to the local government officer or a family member of the officer one or more gifts that have an aggregate value of more than $100 in the 12-month period preceding the date the officer becomes aware that: (i) a contract between the local governmental entity and vendor has been executed; or (ii) the local governmental entity is considering entering into a contract with the vendor. Local Government Code § 176.006(a) and (a-1) (a) A vendor shall file a completed conflict of interest questionnaire if the vendor has a business relationship with a local governmental entity and: (1) has an employment or other business relationship with a local government officer of that local governmental entity, or a family member of the officer, described by Section 176.003(a)(2)(A); (2) has given a local government officer of that local governmental entity, or a family member of the officer, one or more gifts with the aggregate value specified by Section 176.003(a)(2)(B), excluding any gift described by Section 176.003(a-1); or (3) has a family relationship with a local government officer of that local governmental entity. (a-1) The completed conflict of interest questionnaire must be filed with the appropriate records administrator not later than the seventh business day after the later of: (1) the date that the vendor: (A) begins discussions or negotiations to enter into a contract with the local governmental entity; or (B) submits to the local governmental entity an application, response to a request for proposals or bids, correspondence, or another writing related to a potential contract with the local governmental entity; or (2) the date the vendor becomes aware: (A) of an employment or other business relationship with a local government officer, or a family member of the officer, described by Subsection (a); (B) that the vendor has given one or more gifts described by Subsection (a); or (C) of a family relationship with a local government officer. Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 05/02/2022 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Blue Cross and Blue Shield of Texas, a Division of HCSC, a Mutual Legal Reserve Company Richardson, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Colleyville Medical/Rx and Dental Request for Proposal HR-2022-02 2022-880730 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state) (zip code) (country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V1.1.191b5cdcwww.ethics.state.tx.usForms provided by Texas Ethics Commission Jason Motter February 10, 1970 1001 East Lookout Drive Richardson TX 75082 USA City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4d Agenda Date 6/21/2022 Number Resolution R-22-4740 Type Resolution Department Engineering Title Approval of a construction contract with 308 Construction, LLC for the City Hall/Justice Center Exterior Improvements Project, in an amount not to exceed $649,389.25 and a contingency amount not to exceed $30,000, and authorizing the City Manager to execute the contract Strategic Plan 5.3 Provide attractive facilities for leisure and recreation Explanation Reading and Public Hearing The City Hall/Justice Center Exterior Improvements Project was authorized in the FY2022-2026 Capital Improvement Program by Resolution R-21-4651 in an amount of $650,000.00. The award shall be based on the lowest responsible bidder whose evaluation by the City indicates to be in the best interest of the City and taxpayers. After review of pricing, references, and qualifications, the recommendation is to award the contract to 308 Construction, LLC. The lowest bidder, Majestic Services, did not bid the specified products/materials and did not review the specifications prior to submitting their bid and therefore has been disqualified. JM Construction, the second low bidder, is the contractor who was awarded the ongoing Public Works Service Center Renovation Project. Due to issues encountered with the accuracy of their work and intentional deviation from the contract documents, staff does not recommend they be awarded this contract. The project involves general maintenance and repair to the exterior of the City Hall/Library Building and the Colleyville Justice Center. Exterior renovations include the repair and repainting of EIFS walls and trim, the cleaning and resealing limestone, repair and repointing of limestone mortar, the removal and replacement of exterior sealants, the refinishing of steel railings, re-staining of wood soffits and trim, and repainting metal doors and frames. Public notification of the invitation for bids was advertised in the Fort Worth Star- Telegram on April 24, May 1, and May 8, 2022. The notice to bidders and bid packet were posted on CivCast for free downloading and distributed to the Dodge Lead City Council Agenda Briefing 4d City of Colleyville Page 2 Center, BlueBook Building and Construction Network, and Construct Connect, which includes ISqFt, CMD, CDC, and Bid Clerk. Additionally, staff directly notified a list of local contractors who may be interested in the bid opportunity. The project had 35 plan holders, of which were one architect, 13 general contractors, three manufacturers, one not specified, two others, six plan rooms, seven sub-contractors, and two suppliers. The City received five sealed bids, which were opened and publicly read aloud on May 24, 2022. Contractor Base Bid Amount Contingency Amount Majestic Services, Inc.$433,406.00 $30,000 JM Construction Solutions $640,459.00 $30,000 308 Construction $649,389.25 $30,000 Mid-Continental Restoration $667,377.55 $30,000 Frontier Waterproofing $979,455.00 $30,000 TOTAL Contract Amount $463,406.00 $670,459.00 $679,389.25 $697,377.55 $1,009,455.00 Financial Impact Funding sources for the project are the Capital Projects Fund and the Tax Increment Finance Fund. Recommendation Approve Attachments 1.Recommendation Letter 2.Bid Tabulation 3.Form 1295 4.Construction Services Agreement G a y l e n H o w a r d L a i n g A r c h i t e c t ,Inc 1300 West Randol Mill Road, Suite 100, Arlington, Texas 76012 P: 817 -801-7200 ghla -i nc.com June 9, 2022 Jaime Gutierrez, Facilities Manager The City of Colleyville 100 Main Street, 2nd Floor Colleyville, TX 76034 Re: Colleyville City Hall/Justice Center Exterior Renovations – Bid Recommendation Dear Mr. Gutierrez, I have reviewed the bid documents of the five (5) Contractors who submitted for the Colleyville Justice Center Site Improvements project. I have confirmed that the low bidder ($433,406), Majestic Services, did not bid the specify products/materials and did not review the specifications prior to submitting their bid. For these reasons, I recommend their bid be disqualified. JM Construction, the second low bidder ($640,459), is the Contractor who was awarded the ongoing Public Works Service Center Renovations project. Due to the issues encountered with the accuracy of their work, and intentional deviation from the Contract Documents, I cannot recommend they be awarded this contract. I have confirmed that the third low bidder ($649,389.25), 308 Construction, did bid the specified products/materials and reviewed the project specifications in their entirety. 308 is a local Contractor who has experience with similar projects, has a Project Manager based in DFW, and will use all local subcontractors. After review of pricing, references, and qualifications, it is my recommendation that 308 be awarded the Contract. Furthermore, given recent escalation of construction costs, I feel that their bid amount is a fair price for this scope of work. Please let me know if I can be of further assistance in this matter. Sincerely, Stephen Bingham, AIA Item Description Unit QTY Majestic  Services, Inc JM Construction  Solutions 308 Construction,  LLC Mid‐Continental  Restoration Frontier  Waterproofing,  Inc. 1 Mobilization, Demobilization, Bonds  and Insurance in accordance with the  Notice to Bidders LS 1 $116,000.00 $161,259.00 $88,065.00 $30,645.16 $147,000.00 2 CITY HALL ‐ Power washing of EIFS,  Limestone, brick, and other surfaces as  noted on drawings LS 1 $25,000.00 $15,500.00 $27,037.50 $57,777.90 $50,000.00 3 CITY HALL – Cleaning and sealing of  limestone indicated on drawings and by  processes specified LS 1 $22,000.00 $60,000.00 $17,252.50 $74,738.30 $121,900.00 4 CITY HALL – Restaining of Soffit and  Rafter Tails as specified LS 1 $14,000.00 $15,000.00 $16,995.00 $46,606.01 $48,000.00 5 CITY HALL – Replacing sealant as  indicated on drawings and repainting of  EIFS and HM Doors as specified LS 1 $80,000.00 $207,000.00 $148,835.00 $210,691.20 $213,000.00 6 CITY HALL – Repair of cracked or  damaged EIFS, repair of cracked or  chipped limestone, and repointing 5%  of limestone mortar LS 1 $17,000.00 $8,500.00 $77,893.75 $20,063.64 $44,000.00 7 CITY HALL – Removal, refinishing, and  reinstallation of steel railings as  indicated LS 1 $7,000.00 $8,500.00 $19,055.00 $24,813.86 $23,000.00 8 JUSTICE CENTER ‐ Power washing of  EIFS, Limestone, brick, and other  surfaces as noted on drawings LS 1 $11,000.00 $10,500.00 $18,256.75 $16,376.37 $40,000.00 9 JUSTICE CENTER – Cleaning and sealing  of limestone indicated on drawings and  by processes specified LS 1 $11,000.00 $20,000.00 $11,072.50 $3,845.82 $23,000.00 10 JUSTICE CENTER – Replacing sealant as  indicated on drawings and repainting of  EIFS, HM Doors, bollards, signs, and  access panels as specified LS 1 $30,000.00 $94,000.00 $113,815.00 $128,196.93 $209,000.00 11 JUSTICE CENTER – Repair of cracked or  damaged EIFS, repair of cracked or  chipped limestone, and repointing 15%  of limestone mortar LS 1 $7,000.00 $6,100.00 $63,988.75 $38,906.75 $24,000.00 12 JUSTICE CENTER – Installation of Mow  Strip and gravel strip as shown on  drawings LS 1 $33,000.00 $34,100.00 $14,677.50 $14,715.61 $13,000.00 13 Other miscellaneous items included in  project scope but not specifically listed  above LS 1 $60,406.00 $0.00 $32,445.00 $0.00 $23,555.00 $433,406.00 $640,459.00 $649,389.25 $667,377.55 $979,455.00 14 Construction Contingency LS 1 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $30,000.00 $463,406.00 $670,459.00 $679,389.25 $697,377.55 $1,009,455.00 City of Collleyville‐City Hall/Justice Center Exterior Improvements Bid Tabulation BSV‐2022‐002 Sub Totals Grand Total Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 06/15/2022 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. 308 Construction, LLC Argyle, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Colleyville, Texas City Hall/Justice Center Exterior Improvements BSV-2022-002 2022-899973 06/16/2022 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V1.1.191b5cdcwww.ethics.state.tx.usForms provided by Texas Ethics Commission Construction Services Agreement with 308 Construction, LLC (Bid# BSV2022-002) 1 CONSTRUCTION SERVICES AGREEMENT CITY HALL AND JUSTICE CENTER IMPROVEMENTS PROJECT (Bid #BSV2022-002) This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made as of the Effective Date by and between 308 Construction, LLC, a Texas Limited Liability Company, hereinafter called "Contractor", and the City of Colleyville, Texas, hereinafter called "City". RECITALS WHEREAS, City desires Contractor to perform certain work and services set forth in Section 1 (the “Scope of Services”), and WHEREAS, Contractor has expressed a willingness to perform said work and services, hereinafter referred to only as "services", specified in the Contract Documents and Section 1 of this Agreement. NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other herein, City and Contractor agree as follows: Section 1. Scope of Services Upon issuance of a written notice to proceed by City, Contractor agrees to provide to City the necessary services, labor, materials, equipment and supplies to perform the City Hall and Justice Center Improvements Project (the “Project”), such services being more fully described herein and pursuant to the plans and specifications identified in the Contract Documents. Section 2. Term of Agreement The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and shall continue until Contractor completes the services required herein to the satisfaction of City and has been paid in full by City, unless sooner terminated in conformance with this Agreement. Section 3. Contract Documents (a) This Agreement is a part of the “Contract Documents”, which include: (1) This Agreement, including all exhibits and addenda hereto; (2) City’s plans, specifications, and all other contract documents for the Project contained in City’s Bid #BSV2022-002; (3) City’s written notice(s) to proceed to the Contractor; (4) Properly authorized change orders; (5) Contractor’s Bid Proposal (“Proposal” and/or “Response”); and (6) Any other materials distributed by the City that relate to the Project. In the event there exists a conflict between any term, provision and/or interpretation of the Contract Documents, the documents shall take precedent and control in the order listed above in this section (which shall supersede any conflicting provision concerning priority of contract documents contained in the Bid Packet). If discrepancies are found that may impact Contractor’s performance of the services for the Project, it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the Project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the Project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the Project. Construction Services Agreement with 308 Construction, LLC (Bid# BSV2022-002) 2 Section 4. Contractor Obligations (a) Performance of Services. To the extent reasonably necessary for Contractor to perform the services under this Agreement, Contractor shall be authorized to engage the services of any agents, assistants, persons, or corporations that Contractor may deem proper to aid or assist in the performance of the services under this Agreement with the prior written approval of City. The cost of such personnel and assistance shall be a reimbursable expense to Contractor only if authorized in writing in advance by City. Unless otherwise agreed, Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the work covered by the Scope of Services. (b) Quality Materials. Unless otherwise specified, all materials shall be new and both workmanship and materials shall be of a good quality. Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in words that so applied have well known, technical or trade meaning shall be held to refer to such recognized standards.Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all materials, construction, installation and other services furnished by Contractor under this Agreement. Contractor shall, without additional compensation, correct or revise any errors or deficiencies in the installation and construction of the Project components to conform as shown in the Project drawings and specifications. (c) Additional Services. Payment for extra work shall be as agreed in the work order. Should City require additional services not included under this Agreement, Contractor shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by City; and without decreasing the effectiveness of the performance of services required under this Agreement. All minor details of the work not specifically mentioned in the Scope of Services or Contract Documents but obviously necessary for the proper completion of the work, such as the proper connection of new work to old, shall be considered as incidental to and a part of the work for which the prices are set forth in this Agreement. Contractor will not be entitled to any additional compensation therefor unless specifically stated otherwise. Otherwise the terms "extra work" and “additional services” as used in this Agreement shall be understood to mean and include all work that may be required by City to be done by Contractor to accomplish any alteration or addition to the work as shown on the Project plans and drawings. It is agreed that Contractor shall perform all extra work under the direction of the City's representative when presented with a written work/change order signed by the City’s representative, subject, however, to the right of Contractor to require written confirmation of such extra work order by City. No claims for extra services, additional services or changes in the services whatsoever, including any change in pricing or time for performance related to the services will be made by Contractor without first obtaining the City’s written agreement and approval of a work/change order reflecting the same. (d) Independent Contractor. It is understood and agreed by and between the parties that Contractor, while performing under this Agreement, is acting independently, and that City assumes no responsibility or liabilities to any third party in connection with Contractor’s actions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. There is no intended third-party beneficiary to this Agreement. (e) Inspection of Records. Contractor grants City and its designees the right to audit, examine or inspect, at City’s election, all of Contractor's Records relating to the performance of services under this Agreement, during the term of the Agreement and any retention period herein. City’s audit, examination or inspection of Contractor’s Records may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Contractor agrees to retain Contractor’s Records for a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under the contract; then, such retention period shall extend until final resolution of the dispute. "Contractor's Records" shall include any and all information, materials and data of every kind and character Construction Services Agreement with 308 Construction, LLC (Bid# BSV2022-002) 3 generated as a result of the services under this Agreement. City agrees that it will exercise its right to audit, examine or inspect Contractor’s Records only during regular business hours. Contractor agrees to allow City and its designees access to all of Contractor's Records, Contractor's facilities and the current or former employees of Contractor, deemed necessary by City or its designee(s), to perform such audit, inspection or examination. (f) Certification of No Conflicts. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing. (g) No Waiver of City’s Rights. Neither City’s review, approval or acceptance of, nor payment for any of the services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and Contractor shall be and remain liable to City in accordance with applicable law for all damages to City caused by Contractor’s negligent performance of any of the services furnished under this Agreement. (h) Rights-of-Access. City will obtain or furnish right-of-access to the Project site for Contractor to perform any required studies, surveys, tests or other necessary investigations in relation to the Scope of Services. Contractor will take all necessary and reasonable precautions to minimize damage to all personal and real property in the performance of such surveys, tests, studies and investigations. (i) Compliance with Laws. Contractor shall comply with all laws, ordinances, rules and regulations governing Contractor’s performance of this Agreement. Section 5. Payment (a) Compensation; Method of Payment. City agrees to pay Contractor for all services authorized in writing and properly performed by Contractor in a total amount not to exceed SIX HUNDRED AND SEVENTY-NINE THOUSAND, THREE HUNDRED AND EIGHTY-NINE DOLLARS AND TWENTY-FIVE CENTS ($679,389.25) (“Contract Price”), subject to additions or deletions for changes or extras agreed upon in writing. Unless otherwise provided herein, payment to Contractor shall be monthly based on the Contractor’s monthly progress report and detailed monthly itemized statement for services that shows the names of the Contractor’s employees, agents, Contractors performing the services, the time worked, the actual services performed, and the rates charged for such services, in a form reasonably acceptable to City. City shall pay such monthly statements within thirty (30) days after receipt and City verification of the services. (b) Deductions; Withholding. City may deduct from any amounts due or to become due to Contractor any sum or sums owing by Contractor to City. In the event of any breach by Contractor of any provision or obligation of this Agreement, or in the event of the assertion by other parties of any claim or lien against City, or the City’s premises, arising out of Contractor’s performance under this Agreement, City shall have the right to retain out of any payments due or to become due to Contractor an amount sufficient to completely protect the City from any and all loss, damage or expense therefrom, until the breach, claim or lien has been satisfactorily remedied or adjusted by Contractor. Additionally, City may, on account of subsequently discovered evidence, withhold the whole or part of any payment to such extent as may be necessary to protect itself from loss on account of: (1) defective work not remedied; (2) claims filed or reasonable evidence indicating possible filing of claims; (3) failure of Contractor to make payments promptly to subContractors or for material or labor which City may pay as an agent for the Contractor; or (4) damages to another Contractor or subcontractor. Construction Services Agreement with 308 Construction, LLC (Bid# BSV2022-002) 4 When the above grounds are removed, or Contractor provides a surety bond or letter of credit satisfactory to City (to be determined in City’s sole discretion) which will protect City in the amount withheld because of said grounds, City will release the amounts withheld. Section 6. Performance Schedule (a) Time for Performance. Contractor shall perform all services as provided for under this Agreement in a proper, efficient, timely, and professional manner in accordance with City’s requirements. The time for performance under this Agreement is ninety (90) calendar days. Accordingly, Contractor shall complete all work related to the Project on or before ninety (90) calendar days following the date of City’s written notice to proceed to Contractor. (b) Extentioins; Written Request Required. No allowance of any extension of time, for any cause whatever (including an event of Force Majeure), shall be claimed by or granted to Contractor, unless (i) Contractor shall have made written request to City for such extension within forty-eight (48) hours after the cause for such extension occurred, and (ii) City and Contractor have agreed in writing that such additional time shall be granted. As used in this section, the term “Force Majeure” shall mean that Contractor’s performance of the services under this Agreement is prevented or delayed, in whole or in part, to such an extent that Contractor would not be able to complete the services (or any partial component thereof) within the time for performance set forth herein by reason of or through work strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, court judgment, act of God, pandemic, or other specific cause reasonably beyond Contractor’s control and not attributable to its malfeasance, neglect or nonfeasance. Should Contractor timely request an extension of time due to an event of force majeure under this section, City and Contractor may agree in writing to suspended Contractor’s performance until such disability to perform (other than a payment obligation) is removed; provided, that Contractor shall use commercially reasonable efforts to remove any such causes and resume performance of the services under this Agreement as soon as reasonably practicable. (c) Costs of Delay. Contractor understands and agrees that time is of the essence of this contract, and that for each day of delay beyond the number of calendar days agreed upon for the completion of the work herein specified and contracted for (after due allowance for such extension of time as may otherwise be provided for extension of time herein), the Owner may withhold permanently from the Contract Price an amount equal to $2,500.00 per day, which the parties agree represents a reasonable estimation of the actual costs that would be incurred by the City in the event of such delay. In the event Contractor's performance under this Agreement is delayed or interfered with, regardless of reason, Contractor shall not be entitled to any increase in fee or price, or to damages or additional compensation as a consequence of such delays. Section 7. Ownership of Project; Bill of Sale; No Liens (a) Title of Ownership. Contractor warrants that title to all services, including all equipment and materials incorporated into the Project, will pass to City no later than the time of final payment. Contractor further warrants that upon payment by City, all services for which payments have been received from City shall be free and clear of liens, claims, security interests or other encumbrances in favor of Contractor or any other person or entity whatsoever. (b) Assignment; Bill of Sale. Contractor agrees, no later than the time of completion of the Project, to assign to City all manufacturer’s warranties relating to equipment, materials and labor used in the Project and further agrees it will at all times perform the services in a manner that will, to the greatest extent possible, preserve all manufacturer’s warranties. If necessary as a matter of law, Contractor may retain the right to enforce directly any such manufacturers’ warranties during the one year period following the date of acceptance of the Project by City; provided, that City’s rights related to the same shall not be subordinate to Contractor’s enforcemet rights. Construction Services Agreement with 308 Construction, LLC (Bid# BSV2022-002) 5 CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND SAVE CITY HARMLESS FROM ALL CLAIMS RELATED TO ANY DEMANDS OF SUBCONTRACTORS, LABORERS, WORKMEN, MECHANICS, MATERIALMEN, AND SUPPLIERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS, ALL SUPPLIES ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT. CONTRACTOR SHALL FURNISH SATISFACTORY EVIDENCE THAT ALL OBLIGATIONS DESCRIBED HEREIN HAVE BEEN PAID, DISCHARGED OR WAIVED UPON CITY’S WRITTEN REQUEST. Section 8. Default; Termination; Abandonment (a) Default by Contractor. Should Contractor fail to comply with any term or condition this Agreement applicable to Contractor, or become disabled and unable to comply with any provisions of this Agreement related to the quality or character of the services or time of performance, Contractor shall be deemed in default of this Agreement. If such default is not corrected within ten (10) days after written notice by City to Contractor, City may, at its sole discretion and without prejudice to any other right or remedy: (1) terminate this Agreement and be relieved of any further payment or consideration to Contractor except for all services determined by City to be satisfactorily completed prior to such termination. Payment for work satisfactorily completed shall be for actual costs incurred and non-refundable, including reasonable salaries and travel expenses of Contractor to and from meetings called by City at which Contractor is required to attend, but shall not include any loss of profit of Contractor. City may further proceed to complete the services in any manner deemed proper by City, either by the use of its own forces or by resubletting to others; or (2) City may, without terminating this Agreement or taking over the services, furnish the necessary materials, equipment, supplies and/or help necessary to remedy the situation, at Contractor’s sole expense. (b) Suspension or Termination by City. City may suspend or terminate this Agreement for cause or without cause at any time by giving written notice to Contractor. In the event suspension or termination is without cause, payment to Contractor, in accordance with the terms of this Agreement, will be made based on services reasonably determined by City to be satisfactorily performed as of the date of suspension or termination. Such payment will become payable upon delivery of all instruments of service to City and City’s acceptance of the same. If City requires a modification of the services under this Agreement, and in the event City and Contractor fail to agree upon such modification(s), City shall have the option of terminating this Agreement and Contractor's services hereunder at no additional cost other than the payment to Contractor in accordance with the terms of this Agreement for the services reasonably determined by City to be properly performed prior to such termination date. (c) Abandonment. If Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the City, or if Contractor fails to timely comply with the orders of the City, when such orders are consistent with the Contract Documents, then, and in that case, where a performance bond(s) exists, the surety on the bond(s) may be notified in writing by City and directed to complete the work (at City’s sole discretion), and a copy of said notice shall be delivered to Contractor. After receiving said notice of abandonment, Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the City or the surety on the performance bond, or another Contractor in completion of the work; and Contractor shall not receive any rental or credit therefor, having hereby acknowledged that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event a surety fails to comply with City’s written notice provided for herein, then the City may provide for completion of the work in either of the following elective manners: Construction Services Agreement with 308 Construction, LLC (Bid# BSV2022-002) 6 (1) the City may employ such labor and use such machinery, equipment, tools, materials and supplies as said City may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to Contractor, which shall be deducted and paid by City out of such amounts as may be due, or that may thereafter at any time become due to the Contractor under this Agreement. In case such expense is less than the sum which would have been payable under this Agreement if the same had been completed by the Contractor, then Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Agreement if the same had been completed by said Contractor, then the Contractor and/or its surety (ies) shall pay the amount of such excess to the City; or (2) the City may (under sealed bids when and in the manner required by law) let the contract to another Contractor for the completion of the work under substantially the same terms and conditions which are provided in this Agreement. In the case of any increase in cost to the City under the new contract as compared to what would have been the cost under this Agreement, such increase shall be charged to the Contractor and its surety (ies) shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Agreement, the Contractor and/or its surety (ies) shall be credited therewith. (d) Remedies Cumulative. The remedies in this section are cumulative and nothing herein shall be deemed a waiver of any other remedy available to the City under this Agreement, including its remedies upon default provided herein above. Section 9. Insurance Contractor shall during the term hereof maintain in full force and effect all policies of insurance reasonably required by City and in compliance with the Contract Documents. Contractor’s obligation to provide acceptable certificates of insurance is a material condition of this Agreement, and services under this Agreement shall not commence until certificates of insurance have been received, reviewed, and accepted by City. The minimum coverages and limits of liability for the policies of insurance required under this Agreement are maintained by and accessible through the City’s purchasing department. Section 10. Indemnification (a) Release of liability. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE OTHER THAN THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF CITY OR BREACH OF CITY’S OBLIGATIONS HEREUNDER. (b) Contractor’s Indemnity Obligation. CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY CONTRACTOR’S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, Construction Services Agreement with 308 Construction, LLC (Bid# BSV2022-002) 7 CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE, IN WHOLE OR IN PART, FROM OR ARE ATTRIBUTED TO THE GROSS NEGLIGENCE OF CITY, IN WHICH CASE CONTRACTOR SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). (c) Notice of Claim(s). Contractor shall promptly advise City in writing of any claim or demand against the City, related to or arising out of Contractor’s acts or omissions under this Agreement and shall see to the investigation and defense of such claims or demand at Contractor’s sole cost and expense; provided, that City, at its option and at its own expense, may participate in such defense without relieving Contractor of any of its obligations hereunder. CONTRACTOR’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY CONTRACTOR UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 10 SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Section 11. Notice All notices required by this Agreement shall be in writing and addressed to the parties at the addresses set forth below (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), or e-mail of a PDF document (with confirmation of transmission) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a notice is effective only (a) upon receipt by the receiving party, and (b) if the party giving the notice has complied with the requirements of this Section. Section 12. Sales and Use Taxes Contractor understands and acknowledges that City is a governmental entity and exempt from the payment of sales and use taxes for certain materials and equipment conveyed to City as part of this Project or otherwise incorporated into the Project. City agrees to provide Contractor such documentation as may otherwise be required by state law to allow Contractor to avoid payment of sales and uses taxes for materials and equipment with respect to the Project to the extent allowed by law. Section 13. Texas Government Code Verifications (a) Contractor’s execution of this Agreement shall serve as its acknowledgement and written verification that: (1) the requirements of Subchapter J, Chapter 552, Government Code, apply to this Agreement and Contractor agrees that the Agreement can be terminated if Contractor knowingly or intentionally fails to comply with a requirement of that subchapter; (2) pursuant to Texas Government Code Chapter 2270, that Contractor’s organization does not presently boycott Israel and will not boycott Israel during the term of this Agreement; and (3) pursuant to Texas Government Code Chapter 2251, that Contractor’s organization does not current discriminate against firearm and ammunition industries and will not for the term of the contract. Discriminating means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with the firearm or ammunition industry or with a person or entity doing business in the firearm or ammunition industry, but does not include an action made for ordinary business purposes. Construction Services Agreement with 308 Construction, LLC (Bid# BSV2022-002) 8 Section 14. Miscellaneous (a) Contractor shall not assign or sublet this Agreement, in whole or in part, without the prior written consent of City. (b) Contractor shall comply with all federal, state, county and municipal laws, ordinances, resolutions, regulations, rules, and orders applicable to the services under this Agreement. (c) The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the state district courts of Tarrant County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said courts. (d) This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein. (e) The exhibits attached hereto, if any, are incorporated herein and made a part hereof for all purposes. (f) Unless expressly provided otherwise herein, this Agreement may only be modified, amended, supplemented or waived by a mutual written agreement of the parties. (g) In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. (h) Any of the representations and obligations of the parties, as well as any rights and benefits of the parties pertaining to a period of time following the termination of this Agreement shall survive termination. (i) This Agreement may be executed by the parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties. (j) Each party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. (k) Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY – SIGNATURES ON FOLLOWING PAGE(S)] Construction Services Agreement with 308 Construction, LLC (Bid# BSV2022-002) 9 IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Effective Date. For City: CITY OF COLLEYVILLE, TEXAS By: Jerry Ducay City Manager Date: For Contractor: 308 CONSTRUCTION, LLC Allen Heiser CEO Date: Notice Address: City of Colleyville Attn: City Manager 100 Main St., 3rd Floor Colleyville, Texas 76034 E: jducay@colleyville.com ATTEST: Christine Loven, City Secretary APPROVED AS TO FORM: Whitt L. Wyatt, City Attorney Notice Address: 308 Construction, LLC Attn: Allen Heiser, CEO 2126 Hamilton Rd, Suite 250 Argyle, Texas 76226 E: aheiser@308gc.com CSA_WW_June 21, 2022_v1.20220427 By: City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Date 6/21/2022 Number Resolution R-22-4740Agenda Number 4e Type Resolution Department Engineering Title Approval to purchase three road and ice sanders, in the amount of $89,732.40, plus freight, from Texas Municipal Equipment, an approved vendor through the Texas Local Government Purchasing Cooperative (BuyBoard), and authorizing the City Manager to execute the purchase agreement Strategic Plan 2.1 Provide responsive, efficient city services Explanation Reading and Public Hearing This item seeks approval to purchase three road and ice sanders at a cost of $89,732.40, plus freight, estimated at $10,100. The current road and ice sanders utilized by Public Works were purchased in 2013 and 2014. Only one of the three spreaders was moderately operable during the winter of 2022. This unit has been assessed, and given the age, making the repairs is not cost effective. The three units recommended will provide for maximum flexibility when responding to an inclement weather event. The recommended vendor is Texas Municipal Equipment, for a cost of $89,732.40, plus freight. The chart below provides the base quote and the estimated freight charges for each of the sanders. Equipment Utilization Base Quote Estimated Freight TOTAL Fisher Poly- caster Pickup truck mounted unit utilized for small applications such intersections and parking lots $11,996.82 $1,500.00 $13,496.82 Henderson Spreader Stand (HSS) with liquid brine capabilities Dump truck mounted unit utilized for large applications and includes a liquid application tank for pre-treatment of brine $41,532.28 $4,300.00 $45,832.28 City Council Agenda Briefing 4c City of Colleyville Page 2 Henderson Spreader Stand (HSS) Dump truck mounted unit utilized for large applications $36,203.30 $4,300.00 $40,503.30 TOTAL $89,732.40 $10,100.00 $99,832.40 Financial Impact The funding source for this purchase is from the Capital Projects Fund. Recommendation Approve Attachments 1.Texas Municipal Equipment Quote 2.Surcharge Authorization Date 5/23/2022 Quote# 10421 Name / Address City of Colleyville 1601 Hall Johnson Rd. Colleyville, TX 76034 Texas Municipal Equipment, LLCPO Box 121261 Arlington, TX 76012 817-269-6677 Thank you for the opportunity to quote these products today! Approval Signature Total Subtotal Sales Tax (0.0%) Item Description Qty U/M Rate Total 78004-1 SPREADER, 8' POLY-CASTER, ELECTRIC HOPPER • 1.8 cu. yd. capacity • Pintle-chain conveyor • Dual electric motors (1/2 HP conveyor / 1/3 HP spinner) • 15 1/2" poly spinner • Dual variable speed control • Hard cover poly lids • Two-piece top screens • Two position adj. chute • LED CHMSL (center high mounted stop light) are all standard equipment • 3/4- & 1-Ton Pickup Trucks • Salt, Sand, Salt/Sand Mix 1 11,965.00 11,965.00 ** OPTIONAL ACCESSORIES ** 99505-1 Work Light Kit (single) FLEET FLEX 1 153.00 153.00 Discount BuyBoard Discount 1 -121.18 -121.18 Freight Freight (quote as of 6/2/22) 1 1,500.00 1,500.00 ** BuyBoard Contract #597-19 (Streets) _____________________________________ $13,496.82 $13,496.82 $0.00 Date 5/23/2022 Quote# 10422 Name / Address City of Colleyville 1601 Hall Johnson Rd. Colleyville, TX 76034 Texas Municipal Equipment, LLCPO Box 121261 Arlington, TX 76012 817-269-6677 Thank you for the opportunity to quote these products today! Approval Signature Total Subtotal Sales Tax (0.0%) Item Description Qty U/M Rate Total FSH-1 8/48-SS-E Salt/Sand Spreader, 8' length, 48" sides, 4.5 cu. yd. capacity, Stainless Steel, Electric Drive Standard Options: • FSH FSH-I Salt/Sand Spreader 8' GR50 - 10 GA sides/ends, 7 GA sills/floor • Hopper material: 201SS sides/ends • Conveyor: Pintle chain, 1/4" x 1 1/2" crossbars • Gearcase: 50:1 ratio, 1.5" shaft, 6 tooth sprockets • Chute type: Standard Dump Over Chute Same Material as Hopper • Spinner disk: Standard disk with Stainless Vanes 1 13,248.00 13,248.00 H-Inverted Vee ...Inverted Vee, 8' FSH, 201SS, Installed 1 1,069.00 1,069.00 H-Top Grate Scr... Screen Type: Std. 8' Top Grate Screen -FSH - Installed at Factory 1 1,292.00 1,292.00 H-HDK-RCB Hold Down Kit For Dump Body with Ratchet Chain Binders - Shipped Loose 1 622.00 622.00 H-Grease Tubes Grease Tubes, Extended Front Idler 1 222.00 222.00 H-Trunnion Lat...Trunion Latch: Stainless Steel 1 83.00 83.00 H-ICC Light Lights, ICC 1 113.00 113.00 H-Chain Oiler H-Chain Oiler - Installed 1 246.00 246.00 H-Elec-Drive Electric Drive, ILO Hydraulic, with Canbus programmable controls 1 8,545.00 8,545.00 Page 1 Date 5/23/2022 Quote# 10422 Name / Address City of Colleyville 1601 Hall Johnson Rd. Colleyville, TX 76034 Texas Municipal Equipment, LLCPO Box 121261 Arlington, TX 76012 817-269-6677 Thank you for the opportunity to quote these products today! Approval Signature Total Subtotal Sales Tax (0.0%) Item Description Qty U/M Rate Total H-12V HPP Pack, 12V Hydraulic Pump Pack with Rocker Switch Control 1 1,727.00 1,727.00 H-Tanks (2) 100...Tanks, (2) 100 Gal Poly Tanks w/plumb & HW Requires 24" Bracing 1 1,162.00 1,162.00 H-Install-PWS Installation of Pre-Wet System on FSH 564.00 564.00 H-Mounting Ha...Hardware, 304 SS Frame Mount Hardware for FSH 1 667.00 667.00 H-Flush Kit Flush Kit 1 96.00 96.00 H-Shut-Off Shut-Off, Auto, Kills Electric Pump When Conveyor Stops 1 428.00 428.00 Surcharge Surcharge For Spreader & Pre-Wet* 1 6,834.00 6,834.00 H-HSS-HD-8 Spreader stand, 8', HD, for FSH, installed 1 3,379.00 3,379.00 H-Guide Wheels Front Guide Wheels for Leg Stand Kit - MS 1 209.00 209.00 Surcharge Surcharge For Leg Stand Kit* 1 1,363.00 1,363.00 Freight Estimated Freight 1 4,300.00 4,300.00 Discount BuyBoard Discount 1 -336.72 -336.72 ** BuyBoard Contract #597-19 (Streets) Page 2 _____________________________________ $45,832.28 $45,832.28 $0.00 Date 5/23/2022 Quote# 10423 Name / Address City of Colleyville 1601 Hall Johnson Rd. Colleyville, TX 76034 Texas Municipal Equipment, LLCPO Box 121261 Arlington, TX 76012 817-269-6677 Thank you for the opportunity to quote these products today! Approval Signature Total Subtotal Sales Tax (0.0%) Item Description Qty U/M Rate Total FSH-I 9/48-SS Salt/Sand Spreader, 9' length, 48" sides, 5.1 cu. yd. capacity, 201 Stainless Steel. Standard Features: • 50:1 ratio conveyor gearcase, 1.5" drive shaft • Six tooth cast iron sprockets • 1 1/4" idler with roller bearings • 4" idler shaft adjustment • Formed in chain shields • 10 gauge sides and ends • 7 gauge replaceable floor • 7 gauge seals • 24 inch conveyor • Pintle type conveyor chain with 1/4" X 1 1/2" crossbars on 4.5" centers • Screwjack type feed gate control curbside • Steep 45-degree side slope • Body width 84" • Zinc plated hardware • 20" spinner disk with 6 replaceable stainless steel vanes • Telescopic spinner chute provides spinner disc adjustment from 29"-38" below mounting surface 1 13,892.00 13,892.00 Page 1 Date 5/23/2022 Quote# 10423 Name / Address City of Colleyville 1601 Hall Johnson Rd. Colleyville, TX 76034 Texas Municipal Equipment, LLCPO Box 121261 Arlington, TX 76012 817-269-6677 Thank you for the opportunity to quote these products today! Approval Signature Total Subtotal Sales Tax (0.0%) Item Description Qty U/M Rate Total • Three external adjustable deflectors and one front fixed deflector • Dump body hold-downs, NOT INCLUDED • Hydraulic plumbing and control valve, NOT INCLUDED H-Inverted Vee ...Inverted Vee, 9' 201SS - Installed 1 1,130.00 1,130.00 H-Top Grate Scr... Top Grate Screen 9' - FSH - Installed 1 1,362.00 1,362.00 H-HDK-RCB Hold Down Kit For Dump Body with Ratchet Chain Binders - Shipped Loose 1 622.00 622.00 H-Grease Tubes Grease Tubes, Extended Front Idler 1 222.00 222.00 H-Trunnion Lat...Trunion Latch: Stainless Steel 1 83.00 83.00 H-ICC Light Lights, ICC 1 113.00 113.00 H-Chain Oiler H-Chain Oiler - Installed 1 246.00 246.00 H-Elec-Drive Electric Drive, ILO Hydraulic, with Canbus programmable controls 1 8,545.00 8,545.00 Surcharge Surcharge - For Spreader*1 5,243.00 5,243.00 H-HSS Leg Stan...Leg Kit, FSH 9', "HSS" Style Installed - Painted Black 1 3,446.00 3,446.00 H-Guide Wheels Front Guide Wheels for Leg Stand Kit - MS 1 209.00 209.00 Surcharge Surcharge - For Leg Stand Kit*1 1,389.00 1,389.00 Discount Buy Board Discount -298.70 -298.70 Page 2 Date 5/23/2022 Quote# 10423 Name / Address City of Colleyville 1601 Hall Johnson Rd. Colleyville, TX 76034 Texas Municipal Equipment, LLCPO Box 121261 Arlington, TX 76012 817-269-6677 Thank you for the opportunity to quote these products today! Approval Signature Total Subtotal Sales Tax (0.0%) Item Description Qty U/M Rate Total Freight Estimated Freight 1 4,300.00 4,300.00 ** BuyBoard Contract #597-19 (Streets) ** FREIGHT WILL BE ADDED Page 3 _____________________________________ $40,503.30 $40,503.30 $0.00 Dear Valued Partner, October 4, 2021 The COVID-19 pandemic has brought many challenges for everyone over the past months. As the world transitions to the post-pandemic environment, new challenges are presenting themselves. One of the challenges has been the rapid pace at which raw material costs are rising. Henderson currently must place purchase orders for steel and other components four to six months in advance of planned build dates to be assured of having the raw materials in house for scheduled production. Due to these market conditions Henderson Products respectfully requests a 20% surcharge on Stainless Steel equipment and 38% surcharge on non Stainless Steel equipment portion of the pricing for orders accepted after October 4 2021. Henderson Products will continue to evaluate market conditions and update the surcharge status up or down to reflect raw material market conditions. Henderson Products will honor purchase orders already placed with the agreed to pricing. The surcharge will apply to new purchase orders only. We have included supplemental information to provide background on the raw material costs which are driving the surcharges. Please contact your Henderson Sales Representative for any questions you have. Thank you for your continued business with Henderson products. Todd Fierro, President Mike Peterson, VP Sales Henderson Products Inc. Henderson Products Inc. Producer Price Index (PPI) Cold Rolled Steel Sheet and Strip: Source: US Bureau of Labor Statistics http://fred.stlouisfed.org/series/WPU101707 Mild Steel: Source: Henderson Products Inc. Suppliers https://www.amm.com/pricing/Steel/Hot-rolled-coil-HRC-US-domestic-Midwest-FOB-mill-USCWT-qs7l6lwdq6gv https://www.cmegroup.com/trading/metals/ferrous/hrc-steel_quotes_globex.html https://www.lme.com/Metals/Ferrous/HRC-N-America#tabIndex=0 201 Stainless Steel: Source: Henderson Products Inc. Suppliers https://agmetalminer.com/metal-prices/stainless-steel/ 304 Stainless Steel: Source: Henderson Products Inc. Suppliers https://agmetalminer.com/metal-prices/stainless-steel/ City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4f Agenda Date 6/21/2022 Number Resolution R-22-4740 Type Resolution Department City Secretary Title Appointing Councilmember Brandi Elder to the Audit Committee, Mayor Bobby Lindamood to the Tax Increment Finance District, and Councilmember George Bond as Council liaison to the Metroport Teen Court and the Sign Board of Appeals Strategic Plan 1.2 Develop future community leaders Explanation Reading and Public Hearing Former Mayor Richard Newton, and former Councilmember Tammy Nakamura, and now Mayor Bobby Lindamood served as a member of the Audit Committee and Tax Increment Finance District and as Council liaison to Metroport Teen Court and Sign Board of Appeals. This item provides for approval of Mayor Lindamood to make the following appointments: Audit Committee - Councilmember Brandi Elder Tax Increment Finance District - Mayor Bobby Lindamood Metroport Teen Court and Sign Board of Appeals Council Liaison - George Bond Financial Impact There is no financial impact to the City. Recommendation Approve Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4g Agenda Date 6/21/2022 Number Resolution R-22-4740 Type Resolution Department City Secretary Title Approval of naming the Central Fire Station the Richard Newton Central Fire Station and adding language to the Central Fire Station signage reflecting same Strategic Plan 1.4 Communicate thoroughly and strategically Explanation Reading and Public Hearing At the May 17, 2022, City Council meeting, Mayor Bobby Lindamood presented former Mayor Richard Newton a proclamation naming the Central Fire Station the Richard Newton Central Fire Station. Approval of this item provides for recording the formal naming of the station and provides approval to add lettering to the signage. Financial Impact Funds are available in the General Fund. Recommendation Approve Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 6/21/2022 Number Type Report Department Finance Title Monthly Financial Report - May 2022 Explanation General Fund Through May, the General Fund has collected $23.1 million in revenue and spent 65%, or over $16 million, of its budgeted expenditures. From a cash flow standpoint, the General Fund is in a similar position as last year, driven primarily by the higher revenue from Franchise Taxes, ambulance revenues and other service charges, and insurance/settlement payments recorded as miscellaneous revenue. Sales tax continues to do well, with 9% growth over the previous year. Expenses are up from last year, although this is partly due to the City's quarterly police communications payment to Keller happening a little earlier this year than last. Sales tax revenue The City's latest sales tax collections were a return to high gains, with a 10.5% increase over May of 2021. To date, this puts the City's total gain at 9.2%, or almost $500,000, over the previous fiscal year. Furthermore, administrative audit adjustments were minimal, meaning this increase is reflective of continued growth in economic activity as opposed to adjustments from the comptroller's office. Cities across the state, DFW, and local cities showed similar results, with destination-based economies like Grapevine, Southlake, and Hurst continuing their sizeable turnaround from their pandemic lows. With five months left in the fiscal year, Colleyville looks to finish strong. Utility Fund Through May, the Utility Fund has collected 59% of its budgeted revenue and spent 48% of its budgeted expenditures, yielding a stronger surplus than this time in the previous year. This is due in part to the suspension of late fees and penalties in FY21. As summary above shows, the City's direct revenues have come in very slightly above its expenses, while our operational relationship with the Trinity River Authority accounts for most of the $2 million surplus. The City received its annual true-up from the Trinity River Authority in April, resulting in about $1 million in costs refunded to City Council Agenda Briefing 5a City of Colleyville Page 2 the City. Prior to that, the Authority artificially lowered its invoices to the City in October and November of this fiscal year, resulting in additional savings. As is the case with every fiscal year, any savings will go directly into the City's cash-funded Capital Improvement Program to prevent any future debt issues as well as reduce any needed rate increases in the coming year. The Trinity River Authority is the water/wastewater provider used by Colleyville and several other local cities. Each year, the Authority apportions its operating budget among its customer cities based on projected water usage. After the year concludes, the Authority "trues up" its actual expenditures with its actual revenues. In the event there is a shortfall, the Authority will charge its customer cities an additional amount. If there is a surplus, the Authority issues prorated refunds to each customer city. Drainage Fund To date, the Drainage Utility Fund has received 68% of its budgeted revenue and spent 55% of its expenditures. This fund's cash flow is stronger than the previous year, with a surplus of $325,000, led by lower spending on debt service. The fund paid off its remaining municipal revenue bond in FY21, resulting in annual savings of almost $130,000. Some savings are also due to one vacancy. As for revenue, the fund is on track to collect over one million dollars in fee revenue through the end of the fiscal year. As with other operating funds, any year-end surplus in this fund will be moved to the Drainage Capital Fund for use on the City's Capital Improvement Plan. Hotel Fund COVID-related economic disruptions took a toll on any travel-related revenues in the last few years, but the Hotel Occupancy Tax Fund has kept a strong fund balance. Fortunately, travel activities are on the rise and revenue in this fund is making a comeback. While revenue still isn't quite as strong as we've seen prior to COVID, it has nevertheless more than doubled from FY21. Last year's ending fund balance came to $245,000, and the current balance is sitting at just over $170,000. Costs funded include personnel related directly to advertising the City as well as Colleyville Center costs and some special events. The cash position throughout this year has improved significantly over last year. Debt Service Fund Being predominately funded through property taxes, the Debt Service Fund has received most of its revenue 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 payments also occurring throughout the year. As of the May figures, the fund is running a deficit of about $137,000 after its first scheduled bond payment and some lease payments this year. It should be noted that our updated property tax forms necessitate a planned spend down of fund balance by $194,000 this year. With Colleyville's current debt service schedule, all bonded debt is on track to be paid off by FY27. City Council Agenda Briefing 5a City of Colleyville Page 3 Attachments 1.Report Period May 2022 2.May 2022 MFR Monthly Financial Report May 2022 City Council Meeting June 21, 2022 Agenda Item - Items not for council action General Fund General Fund  FY22 Budget FY22 YTD % of Budget FY21 YTD FY21 % of Budget Revenues  $      25,659,689  $      23,130,406 90% $    22,193,762 88% Expenditures  $      25,130,144  $      16,298,093 65% $    15,721,341 60%   $           529,545  $        6,832,313   $      6,472,421   *67% of the year  is completed MillionsOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ - $ 2 $ 4 $ 6 $ 8 $ 10 $ (2) $ (4) $ (6) General Fund Cash Flow  Budget FY22 5 Yr Avg Property Tax Highlight FY22 FY21 $ 15,361,949 $ 15,331,326 $ 278,051 $ 281,814 Collected to Date Collected Later Sales Tax Highlight City/State ComparisonsFY22 YTD Receipts compared to Previous Years 2022 2021 2020 2019 2018 2017 5-Yr Avg $ - $ 1,000,000 $ 2,000,000 $ 3,000,000 $ 4,000,000 $ 5,000,000 $ 6,000,000 $ 7,000,000 TOTAL FY22 SALES TAX RECEIPTS (COMPARISON)ColleyvilleNorth Richland HillsHurstSouthlakeGrapevineKellerBedfordState CollectionsAll Texas CitiesAll DFW Cities0.00% 5.00% 10.00% 15.00% 20.00% 25.00% 30.00% 35.00% 40.00% CITY/STATE COMPARISONS Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep $ - $ 200,000 $ 400,000 $ 600,000 $ 800,000 $ 1,000,000 $ 1,200,000 Month over Month Collections 2018 2019 2020 2021 2022 Sales Tax Highlight Utility Fund Utility Fund  FY22 Budget FY22 YTD % of  Budget FY21 YTD FY21 % of  Budget Revenues  $   18,088,176  $   10,661,351 59% $      9,711,366 55% Expenditures  $   18,088,176  $     8,627,219 48% $      7,958,216 46%   $                    -    $     2,034,132   $      1,753,150   *67% of the year  is completed TRA Revs/Exps  FY22 Budget FY22 YTD Revenues  $   14,359,032  $     8,234,686  Expenditures  $   13,909,032  $     6,203,717    $ 450,000 $ 2,030,968 City Revs/Exps  FY22 Budget FY22 YTD Revenues  $      3,729,144  $      2,426,665  Expenditures  $      3,729,144  $      2,423,501  $ - $ 3,164 Drainage Fund Drainage Fund  FY22 Budget FY22 YTD % of  Budget FY21 YTD FY21 % of  Budget Revenues  $ 1,030,868  $    704,341 68% $          611,381 62% Expenditures  $    694,205  $    379,005 55% $          555,007 69%   $    336,663  $    325,337   $            56,374   *67% of the year  is completed OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ - $ 50,000 $ 100,000 $ 150,000 $ 200,000 $ 250,000 $ 300,000 $ 350,000 FY22 VS. FY21 CASH FLOW FY22 FY21 Hotel Fund Hotel Fund  FY22 Budget FY22 YTD % of  Budget FY21 YTD Revenues  $          252,500  $      100,078 40% $       42,300  Expenditures  $          247,822  $      171,989 69% $     233,096    $               4,678  $       (71,911)  $    (190,795) *67% of the year  is completed OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ - $ 50,000 $ 100,000 $ 150,000 $ 200,000 $ 250,000 EXPECTED FUND BALANCE VS. ACTUAL FUND BALANCE (BY MONTH) Actual FY22 Expected FY22 Debt Service Fund Debt Service Fund  FY22 Budget FY22 YTD % of  Budget FY21 YTD FY21 % of  Budget Revenues  $          627,500  $      607,854 97% $     790,556 101% Expenditures  $          821,898  $      745,485 91% $     782,408 95%   $         (194,398) $     (137,631)  $          8,147   *58% of the year  is completed 2021 2022 2023 2024 2025 2026 2027 $ - $ 100,000 $ 200,000 $ 300,000 $ 400,000 $ 500,000 $ 600,000 PROPERTY TAX BACKED DEBT SERVICE 67% 65% FY22 Budget FY22 YTD % of Budget FY21 YTD FY21% of Budget Revenues 25,659,689$ 23,130,406$ 90%22,193,762$ 88% Expenditures 25,130,144$ 16,298,093$ 65%15,721,341$ 60% 529,545$ 6,832,313$ 6,472,421$ General Fund Highlights Revenue (FY22/FY21) Property Tax + $31k Sales Tax + $206k Franchise Tax + $147k Licenses + $16k Other Revenue + $531k Total Rev + $930k Expenditures (FY22/21) Personnel + $254k Contractual + $341k Supplies -$24k Capital + $5k Transfers $ 0k Total Exp + $577k Monthly Financial Report - May 2022 % of year Completed % of Budget SpentGeneral Fund Through May,the General Fund has collected $23.1m in revenue and spent 65%,or over $16m,of its budgeted expenditures.From a cash-flow standpoint,the General Fund is in a similar position as last year,driven primarily by the higher revenue from Franchise Taxes, ambulance revenues and other service charges,and insurance/settlement payments recorded as miscellaneous revenue.Sales tax continues to be a bright spot as well,with 9% growth over the previous year.Expenses are up from last year,although this is partly due to the City's quarterly police communications payment to Keller happening a little earlier this year than last. $(5) $- $5 $10 MillionsGeneral Fund Cash Flow Budget FY22 5 Yr Avg 1 Revenue Highlight: Property Tax Revenue Highlight: Sales Tax MTD Increase YTD Increase The City's latest sales tax collections were a return to high gains,with a 10.5%increase over April of 2021.To date,this puts the City's total gain at 9.2%,or almost $500,000,over the previous fiscal year.Furthermore,administrative audit adjustments were minimal,meaning this increase is reflective of continued growth in economic activity as opposed to adjustments from the comptroller's office.Cities across the state,DFW,and locally showed similar results,with destination-based economies like Grapevine,Southlake,and Hurst continuing their sizeable turnaround from their pandemic lows.With 5 months left in the fiscal year,Colleyville looks to finish strong. 9.2% Monthly Financial Report - May 2022 Colleyville is planning to receive $15.64m in General Fund property tax this year,which makes for a small increase over actual FY21 property tax receipts.It should be noted that this increase comes from taxes off of new property,as opposed to increased taxes on existing property inside the City.As with last fiscal year,Colleyville's FY22 budget has been balanced using the no-new- revenue tax rate. 10.5% $0 $1,000,000 $2,000,000 $3,000,000 $4,000,000 $5,000,000 $6,000,000 $7,000,000 2022 2021 2020 2019 2018 2017 5-Yr Avg Sales Tax Receipts (Comparison) $15,361,949 $15,331,326 $278,051 $281,814 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% FY22 FY21 Collected to Date Collected Later 2 67% 48% FY22 Budget FY22 YTD % of Budget FY21 YTD FY21% of Budget Revenues 18,088,176$ 10,661,351$ 59%9,711,366$ 55% Expenditures 18,088,176$ 8,627,219$ 48%7,958,216$ 46% -$ 2,034,132$ 1,753,150$ Breakout of City's revenues/expenses from those related to the Trinity River Authority: FY22 Budget FY22 YTD FY22 Budget FY22 YTD Revs 14,359,032$ 8,234,686$ Revs 3,729,144$ 2,426,665$ Exps 13,909,032$ 6,203,717$ Exps 3,729,144$ 2,423,501$ Net 450,000$ 2,030,968$ Net -$ 3,164$ Annual Trinity River Authority True-Up Expenditures (FY22/21) Personnel -$12k Contractual + $639k Supplies + $2k Capital + $17k Transfers + $23k Total Exp + $669k *TRA Revenue/Expense Summary City Revenue/Expense Summary Colleyville's rate structure enables the City to more easily manage years of varying water consumption from year-to-year.The majority of the City's rate is comprised of a direct pass-through to TRA for water costs.Funding for the City's operational costs come from a fixed monthly charge to customers based on meter size. The goal of this fund is to break-even at the end of the year. Monthly Financial Report - May 2022 Water/Sewer Utility Fund % of Budget Spent % of year Completed Through May,the Utility Fund has collected 59%of its budgeted revenue and spent 48%of its budgeted expenditures,yielding a stronger surplus than we saw this time in the previous year.This is due in part to the suspension of late fees and penalties in FY21.As summary above shows,the City's direct revenues have come in very slightly above its expenses,while our operational relationship with the Trinity River Authority accounts for most of the $2m surplus.The City received its annual true-up from the Trinity River Authority in April,resulting in about $1 million in costs refunded to the City.Prior to that,the Authority artificially lowered its invoices to the City in October and November of this fiscal year,resulting in additional savings .As is the case with every fiscal year,any savings will go directly into the City's cash-funded capital improvement program to prevent any future debt issues as well as reduce any needed rate increases in the coming year. The Trinity River Authority is the water/wastewater provider used by Colleyville and several other local cities.Each year,the Authority apportions its operating budget among its customer cities based on projected water usage.After the year concludes,the Authority "trues up"its actual expenditures with its actual revenues.In the event there is a shortfall,the Authority will charge its customer cities an additional amount.If there is a surplus,the Authority issues prorated refunds to each customer city.Mostly TRA costs ↓ 3 67% 55% FY22 Budget FY22 YTD % of Budget FY21 YTD FY21% of Budget Revenues 1,030,868$ 704,341$ 68%611,381$ 62% Expenditures 694,205$ 379,005$ 55%555,007$ 69% 336,663$ 325,337$ 56,374$ Revenue - Drainage Fees Expenditures (FY22/21) Personnel -$31k Contractual -$3k Supplies -$15k Capital/Xfers $0k Debt Service -$126k Total Exp.-$176k Monthly Financial Report - May 2022 Drainage Utility Fund % of year Completed % of Budget Spent Drainage Fund Operation Highlights To date,the Drainage Utility Fund has received 68%of its budgeted revenue and spent 55%of its expenditures.This fund's cash flow is stronger than the previous year,with a surplus of $325,000,led by lower spending on debt service.The fund paid off its remaining municipal revenue bond in FY21, resulting in annual savings of almost $130,000.Some savings are also due to one vacancy here.As for revenue,the Fund is on track to collect over one million dollars in fee revenue through the end of the fiscal year.As with our other operating funds,any year-end surplus in this fund will be moved to the Drainage Capital Fund for use on the City's capital improvement plan. Note:this fund's debt service is has been retired as of fiscal year 2021. 0.2%FY22/5-Yr Avg 1.9%FY22/FY21 $- $50,000 $100,000 $150,000 $200,000 $250,000 $300,000 $350,000 FY22 vs. FY21 Cash Flow FY22 FY21 4 67% 69% FY22 Budget FY22 YTD % of Budget FY21 YTD Revenues 252,500$ 100,078$ 40%42,300$ Expenditures*247,822$ 171,989$ 69%233,096$ 4,678$ (71,911)$ (190,795)$ Hotel Tax Fund COVID-related economic disruptions obviously took a toll on any travel-related revenues in the last few years,but the Hotel Occupancy Tax Fund has kept a strong fund balance.Fortunately,travel activities are on the rise and revenue in this fund is making a comeback.While our revenue still isn't quite as strong as we've seen prior to COVID,it has nevertheless more than doubled from FY21.Last year's ending fund balance came to $245,000,and the current balance is sitting at just over $170,000.Costs funded out of here include personnel related directly to advertising the city as well as Colleyville Center costs and some special events.The cash position throughout this year has improved significantly over last year. Hotel Tax Performance Monthly Financial Report - May 2022 % of year Completed % of Budget Spent $- $50,000 $100,000 $150,000 $200,000 $250,000 Expected Fund Balance vs. Actual Fund Balance (by month) Actual FY22 Expected FY22 - 50,000 100,000 150,000 200,000 250,000 300,000 FY22 Revenue vs. History 2022 2021 2020 2019 5 67% 91% FY22 Budget FY22 YTD % of Budget FY21 YTD FY21% of Budget Revenues 627,500$ 607,854$ 97%790,556$ 101% Expenditures*821,898$ 745,485$ 91%782,408$ 95% (194,398)$ (137,631)$ 8,147$ For any questions or comments regarding this report, please contact: Kyle Lester Finance Director City of Colleyville, TX klester@colleyville.com 817-503-1014 Monthly Financial Report - May 2022 % of year Completed % of Budget SpentDebt Service Fund Being predominately funded through property taxes,the Debt Service fund has received most of its revenue 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 payments also occurring throughout the year.As of the May figures,the fund is running a deficit of about $137,000 after its first scheduled bond payment and some lease payments this year.It should be noted that our updated property tax forms necessitate a planned spend down of fund balance by $194,000 this year.With Colleyville's current debt service schedule,all bonded debt is on track to be paid off by FY27. $- $100,000 $200,000 $300,000 $400,000 $500,000 $600,000 2021 2022 2023 2024 2025 2026 2027 Property Tax Backed Debt Service 6 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6a Agenda Date 6/21/2022 Number Ordinance O-22-2204 Type Ordinance Department Community Development Title Consideration of a Special Use Permit for an accessory building to exceed the permitted lot coverage and height for accessory buildings on Lot 3, Block 5, Woodbriar Estates Addition, located at 3708 Briarhaven Lane, Case ZC22-013 Strategic Plan 4.1 Protect Colleyville's semi-rural residential character Explanation Second Reading and Public Hearing The applicant was present to discuss the project and answer questions. The Council expressed concern about the work being done and completed without acquiring a building permit. First Reading and Public Hearing Will Priest, the owner, has submitted a request for a Special Use Permit (SUP) for an accessory building to exceed the maximum lot coverage for accessory buildings and maximum height on Lot 3, Block 5, of Woodbriar Estates Addition, being approximately 0.38 acres, and zoned R-15 Single Family Residential district. The purpose is to allow for an existing accessory building which exceeds the 4% maximum lot coverage and maximum height allowed for accessory buildings. Existing Conditions/Background: The subject property, 3708 Briarhaven Lane, has R-15 zoning and is located on the west side of Briarhaven Lane south of the intersection with Greenbriar Lane. The subject property has an existing single family home and existing detached accessory building. On February 8, 2022, a Colleyville building inspector was at 3712 Briarhaven for an inspection and noticed work was being done without a permit on the existing accessory building at 3708 Briarhaven. The inspector spoke with the owner of the property and told him that he needed to apply for a building permit. The property owner applied for a permit on February 11, 2022. The permit was denied and the applicant was informed to apply for a Special Use Permit. There will be double building permit fees assessed upon approval of the building permit. City Council Agenda Briefing 6a City of Colleyville Page 2 SUP Request: Request – The applicant is requesting an existing 1,545 s.f. detached garage to remain six feet from the side property line and for it to exceed the 4% maximum lot coverage. Ordinance – Section 3.27 Accessory Buildings and Residential Carport Regulations of the Land Development Code establishes the maximum size and number of accessory buildings to be permitted by staff on a residential lot: “2. Maximum Size and Number of Buildings: a. The maximum number of accessory buildings allowed per lot shall be three (3) buildings. In addition, the combined square footage of all accessory buildings shall not exceed four percent (4%) of the aggregate area of the lot. Exemption: Lots containing a minimum of 80,000 square feet shall be exempt from the requirement for the maximum number of accessory buildings." “3. Setbacks: d. Detached accessory buildings – A detached accessory building shall comply with the setback lines established for the applicable zoning district, unless the accessory building is located totally behind the rear of the principal building, then it shall not be placed closer than five (5) feet to any side or rear lot line." “4. Maximum Height: No accessory building shall penetrate a vertical height envelope defined as being a point five feet from a side or rear lot line and extending vertically 8 feet to a point, then extending at a 45o angle to the height of the primary building." “6. Special Use Permit Provision: Any request for a building permit for an accessory building which does not meet the criteria in this Section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code." The applicant is requesting to allow for an existing 1,545 s.f. detached garage to remain. It was permitted and built in 1992 for 1,188 s.f. A portion of the structure was open and functioned as a carport. Over the years the structure has been enclosed which increased its size. Analysis: Any request for an accessory building exceeding 4% of the lot area and exceeding the maximum height shall only be authorized after approval of a Special Use Permit by the City Council. The maximum height of the wall allowed at the 6-foot setback is 9 feet tall. The proposed height is 14 feet at the eave and 17 feet at the ridge. The maximum size at the 4% is 740 sq. ft. Plat Status: The property is platted as Lot 3, Block 5 in the Woodbriar Estates Addition. City Council Agenda Briefing 6a City of Colleyville Page 3 DRC Review: The DRC met on April 18, 2022 and offered the applicant the following comment: The addition to the accessory building was completed without a permit and its height exceeds the requirements of the Land Development Code. Staff is recommending denial of the request. The size of the building also exceeds the maximum area allowed for accessory buildings; that being 4% of the lot area. Both conditions will be part of the SUP case. Drainage: NA Surrounding Development: The properties to the north, east, south, and west are zoned R-15 Single Family Residential district and contain single family residential development. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star- Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff recommends denial of the garage modification due to technical non-compliance with the Land Development Code. The Land Development Code allows for an accessory building which does not meet the Land Development Code criteria to seek an SUP. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the area request for the size of the accessory building, but subject to the height of the roof being brought into compliance at their May 9, 2022 meeting by a vote of 4-3. Financial Impact There is no financial impact to the City. Recommendation Denial Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Woodbriar Estates Plat 5.Survey 6.Original Structure - Aerial 7.Structure Modification 1 8.Structure Modification 2 City Council Agenda Briefing 6a City of Colleyville Page 4 9.Structure Exhibit - Current 10.Notification Map 11.Notification Letter 12.Notification List 13.Ordinance O-22-2204 14.Ordinance O-22-2204 - Optional 3708 3604 125 3713 313 204 4020 501 3717 123 209 309 308 417 408 114 3717 3701 127 104 404 3700 3705 219 3609 200 300 212 509 3809 3709 3613 313 133 3717 3713 4009 205 3700 3713 408 4005 3716 412 3716 3712 4013 3924 204124 3712 3705 3708 212 421 312 205 3708 3700 3704 200 412 3717 3721 3617 3704 207 208 203 3717 4017 504 134 3712 3701 123 3617 208 112 3705 3912 3813 412 401 409 3704 112 400 304 4021 405 3805 128 215 3700 3725 3701 3712 208 3605 3705 213 505 300 3721 127 3708 116 301 3716 3713 3704 305 3709 3905 3616 3708 408 3713 3716 401 3609 112 400 3700 108 3704 3801408 413 3801 309 3709 3701 404 312 3701 3612 3805 3712 37093709 3809 405 3605416 3724 3612 313 412 401 3608 400 404 405 500 3716 309 3700 201 3705 404 420 3917 3720 416OAKBRIARLANEFELPSCOURT GR EE NBRI AR L A NE WOOD BRIA R LA NE BRIA RWICK L A NE WOOD BRIA R COU RTSWEETBRIAR LANEROSEBRIAR LANEBRIARHAVEN LANEB R IA R C L IFF COURT Aerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-013 K3708 Briarhaven Lane Subject Property 3708 3604 125 3713 313 204 4020 501 3717 123 209 309 308 417 408 114 3717 3701 127 104 404 3700 3705 219 3609 200 300 212 509 3809 3709 3613 313 133 3717 3713 4009 205 3700 3713 408 4005 3716 412 3716 3712 4013 3924 204124 3712 3705 3708 212 421 312 205 3708 3700 3704 200 412 3717 3721 3617 3704 207 208 203 3717 4017 504 134 3712 3701 123 3617 208 112 3705 3912 3813 412 401 409 3704 112 400 304 4021 405 3805 128 215 3700 3725 3701 3712 208 3605 3705 213 505 300 3721 127 3708 116 301 3716 3713 3704 305 3709 3905 3616 3708 408 3713 3716 401 3609 112 400 3700 108 3704 3801408 413 3801 309 3709 3701 404 312 3701 3612 3805 3712 37093709 3809 405 3605416 3724 3612 313 412 401 3608 400 404 405 500 3716 309 3700 201 3705 404 420 3917 3720 416OAKBRIARLANEFELPSCOURT GR EE NBRI AR L A NE WOOD BRIA R LA NE BRIA RWICK L A NE WOOD BRIA R COU RTSWEETBRIAR LANEROSEBRIAR LANEBRIARHAVEN LANEB R IA R C L IFF COURT R-15 R-20 R-40 R-20 R-30 AG R-15 R-20 PU D-R Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-013 K3708 Briarhaven Lane Subject Property 3708 3604 125 3713 313 204 4020 501 3717 123 209 309 308 417 408 114 3717 3701 127 104 404 3700 3705 219 3609 200 300 212 509 3809 3709 3613 313 133 3717 3713 4009 205 3700 3713 408 4005 3716 412 3716 3712 4013 3924 204124 3712 3705 3708 212 421 312 205 3708 3700 3704 200 412 3717 3721 3617 3704 207 208 203 3717 4017 504 134 3712 3701 123 3617 208 112 3705 3912 3813 412 401 409 3704 112 400 304 4021 405 3805 128 215 3700 3725 3701 3712 208 3605 3705 213 505 300 3721 127 3708 116 301 3716 3713 3704 305 3709 3905 3616 3708 408 3713 3716 401 3609 112 400 3700 108 3704 3801408 413 3801 309 3709 3701 404 312 3701 3612 3805 3712 37093709 3809 405 3605416 3724 3612 313 412 401 3608 400 404 405 500 3716 309 3700 201 3705 404 420 3917 3720 416OAKBRIARLANEFELPSCOURT GR EE NBRI AR L A NE WOOD BRIA R LA NE BRIA RWICK L A NE WOOD BRIA R COU RTSWEETBRIAR LANEROSEBRIAR LANEBRIARHAVEN LANEB R IA R C L IFF COURT Future Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-013 K3708 Briarhaven Lane Subject Property Residential Open Space; Parks Photo01/12/2021 From:Les Folse To:Les Folse Date:Tuesday, February 8, 2022 10:06:17 AM Sent from my iPhone 105 3708 3604 125 3713 313 204 4020 4025 501 3717 3703 123 209 309 308 417 408 114 37203717 3701 127 104 404 3700 3705 219 3609 200 300 212 509 3809 3709 36163613 313 133 3717 3713 4009 205 3700 3713 408 400 4005 4024 3716 412 3716 3712 4013 3924 204124 3712 3705 3708 121 212 3513 421 312 205 3708 3700 3512 3804 3704 200 412 3717 3721 3617 3704 207 208 203 3717 4017 504 134 3712 3701 123 3617 109 208 112 3705 3912 3813 3516 412 401 409 3704 112 501 400 304 4021 405 3805 128 215 3700 3725 3701 3712 208 3516 3605 3705 213 505 300 3721 127 3708 116 301 3716 3517 505 3713 3704 305 3709 3905 3616 3708 408 3713 3716 106 401 3609 112 400 3700 108 3704 3801408 413 3801 309 3709 3701 3513 404 312 3920 3701 3612 3613 3805 3712 37093709 3809 405 3517 3605416 3724 3612 412 108 401 3608 400 513 404 405 500 3716 309 3700 201 3705 3512 404 508420 3917 3720 416 WOOD BRIA R LA NEOAKBRIAR LANEFELPS COURT GREENBRIA R L A N E BRIA RWICK L A NE QUA IL RU N R A V E N COURT T RE E MONTCIRCLE F A L C O N C O U R T WOOD BRIA R COU RTSWEETBRIAR LANEROSEBRIAR LANEBRIARHAVEN LANEBRIARCLIFFC O U R T Notification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-013 K3708 Briarhaven Lane Subject Property 500ft Buffer Properties within 500ft NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, May 9, 2022 at 7:00 p.m. City Council Meetings: Tuesday, June 7, 2022 & Tuesday, June 21, 2022 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit for an accessory building to exceed the permitted lot coverage for accessory buildings and to exceed the maximum height allowed at a 5-foot setback. The purpose is to allow for an existing, oversized accessory building to remain that was modified with a taller wall and roofline to penetrate the vertical height envelope for accessory buildings. The maximum height of the wall allowed at the 5- foot setback is 8 feet tall. The maximum size for accessory buildings is 4% of the lot area. Zoning Case:ZC22-013 Applicant:Will Priest Owner: Will Priest Location:3708 Briarhaven Lane Property Description:Lot 3, Block 5, Woodbriar Estates Addition Present Zoning:R-15 Single Family Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 NOTICE OF PUBLIC HEARING If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Planning Manager jreyff@colleyville.com Owner Name Owner Address Owner City BELLEFEUILLE, PHIL 3713 ROSEBRIAR LN COLLEYVILLE, TX ODOMORE, FRIDAY 313 BRIARWICK LN COLLEYVILLE, TX WATTS, JENNINGS R 3717 ROSEBRIAR LN COLLEYVILLE, TX MOORE, NICHOLAS 209 BRIARWICK LN COLLEYVILLE, TX CEKUTA, CHRISTOPHER 309 BRIARCLIFF CT COLLEYVILLE, TX DENYER, STUART 308 GREENBRIAR LN COLLEYVILLE, TX HELSTOWSKI, PATRICIA 408 WOODBRIAR CT COLLEYVILLE, TX BERNAL, DANIEL 3717 OAKBRIAR LN COLLEYVILLE, TX MORAN, JAMES R 3701 SWEETBRIAR LN COLLEYVILLE, TX JONES, DAN W 404 GREENBRIAR LN COLLEYVILLE, TX ALLRED, JON G 3700 ROSEBRIAR LN COLLEYVILLE, TX SIDES, MICHAEL 3705 ROSEBRIAR LN COLLEYVILLE, TX CARLSON, SCOTT A 300 QUAIL RUN COLLEYVILLE, TX HALCOMB, RANDY 212 GREENBRIAR LN COLLEYVILLE, TX HOLLOWAY, LENDON 3709 BRIARHAVEN LN COLLEYVILLE, TX EVANS, JON R 313 BRIARCLIFF CT COLLEYVILLE, TX INGERSOLL, MICHAEL 3717 SWEETBRIAR LN COLLEYVILLE, TX LYNCH, VICKI 3713 BRIARHAVEN LN COLLEYVILLE, TX GRIFFITH, CARL D 3700 OAKBRIAR LN COLLEYVILLE, TX MCDOUGALL, JASON PO BOX 1242 BRIDGEPORT, TX WITT, ROBERT W 3716 ROSEBRIAR LN COLLEYVILLE, TX BROWN, MICHELLE 3705 SWEETBRIAR LN COLLEYVILLE, TX GLENN, JAMES W 212 QUAIL RUN COLLEYVILLE, TX WHITMIRE, DONALD R 205 BRIARWICK LN COLLEYVILLE, TX AKSENTOWITZ, J 3708 OAKBRIAR LN COLLEYVILLE, TX WARREN, MARY 3700 BRIARHAVEN LN COLLEYVILLE, TX LENHART FAMILY LIVING TRUST 412 WOODBRIAR CT COLLEYVILLE, TX ROBERTS, SHONNA K 3721 BRIARHAVEN LN COLLEYVILLE, TX BERRY, CRAIG 3617 OAKBRIAR LN COLLEYVILLE, TX DUGGAN, RICHARD L 3704 ROSEBRIAR LN COLLEYVILLE, TX CAMPBELL, CANDACE 3601 SAN BAR LN COLLEYVILLE, TX STALLINGS, TERRY A 208 QUAIL RUN COLLEYVILLE, TX BASHAM, FRANCINE C 203 BRIARCLIFF CT COLLEYVILLE, TX MONTAGUE, JEFFREY 3717 BRIARHAVEN LN COLLEYVILLE, TX POWELL, ROBERT L 3712 ROSEBRIAR LN COLLEYVILLE, TX CUSICK, LAURANCE A 3701 OAKBRIAR LN COLLEYVILLE, TX BUDRI, AZIZ K 400 GREENBRIAR LN COLLEYVILLE, TX BRANCH, SONDRA GAIL 304 GREENBRIAR LN COLLEYVILLE, TX MARINO, ROBERT A 3725 OAKBRIAR LN COLLEYVILLE, TX GOODSON, TONI 3712 BRIARHAVEN LN COLLEYVILLE, TX GRAMLING, M S 208 GREENBRIAR LN COLLEYVILLE, TX ZAK, GARY 3705 OAKBRIAR LN COLLEYVILLE, TX SCHRAEDER, ROBERT 213 BRIARWICK LN COLLEYVILLE, TX GALLEGOS, ELVIS 300 GREENBRIAR LN COLLEYVILLE, TX WARMERDAM, BRADLEY 3721 OAKBRIAR LN COLLEYVILLE, TX PRIEST, WILLIAM 3708 BRAIRHAVEN LN COLLEYVILLE, TX SWAIN, THERESA 301 BRAIRWICK LN COLLEYVILLE, TX DASHNER, MELVIN L 3716 OAKBRIAR LN COLLEYVILLE, TX LACKEY, DUSTIN 3713 OAKBRIAR LN COLLEYVILLE, TX WOLFE, JAMES D 3704 BRIARHAVEN LN COLLEYVILLE, TX REEVES, DAVID A 305 BRIARWICK LN COLLEYVILLE, TX MURPHY, JAMES F 3709 SWEETBRIAR LN COLLEYVILLE, TX TAMAYO, JESSE F 3708 ROSEBRIAR LN COLLEYVILLE, TX KAHLER, LEON 401 BRIARWICK LN COLLEYVILLE, TX NORTHEAST CONSTR CO INC 5137 DAVIS BLVD NORTH RICHLAND HILLS, TX RIZKAL, SAM P 3704 OAKBRIAR LN COLLEYVILLE, TX TABORSKY, ANNA 408 GREENBRIAR LN COLLEYVILLE, TX KUNEY HAZEL MAY REVOCABLE LIVI 309 BRIARWICK LN COLLEYVILLE, TX ALTSCHUL, DANIEL 3701 BRIARHAVEN LN COLLEYVILLE, TX THOMAS, STEVE R 312 GREENBRIAR LN COLLEYVILLE, TX HODGES, CHEVI 3701 ROSEBRIAR LN COLLEYVILLE, TX BARTLETT, DEL W 3805 FELPS CT COLLEYVILLE, TX SZAKIN, PETER T 3712 OAKBRIAR LN COLLEYVILLE, TX HASKELL, NORMAN E 3709 OAKBRIAR LN COLLEYVILLE, TX MATHIS, CECIL S 3709 ROSEBRIAR LN COLLEYVILLE, TX BOBBY RAY AND CHERYL VIRGINIA 405 BRIANWICK LN COLLEYVILLE, TX DINSER 2004 FAMILY TRUST 3612 OAKBRIAR LN COLLEYVILLE, TX HALL, JUDY 400 WOODBRIAR CT COLLEYVILLE, TX DOUGHTY, RALPH O 404 WOODBRIAR CT COLLEYVILLE, TX WITHROW, KARI 3716 BRIARHAVEN LN COLLEYVILLE, TX BENNETT, JERRY LEE 3705 BRIARHAVEN LN COLLEYVILLE, TX GARMAN, DONALD J 3720 OAKBRIAR LN COLLEYVILLE, TX WOODBRIAR ESTATES ADDITION 3700 SWEETBRIAR COLLEYVILLE, TX WOODS OF COLLEYVILLE ADDN, THE 4024 TREEMONT CIRCLE COLLEYVILLE, TX WOODBRIAR NORTH ADDITION 3700 SWEETBRIAR COLLEYVILLE, TX QUAIL CREST ESTATES 408 FALCON COURT COLLEYVILLE, TX HURST EULESS BEDFORD ISD 1849 CENTRAL DR BEDFORD, TX ORDINANCE O-22-2204 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.38 ACRES, BEING LOT 3, BLOCK 5, WOODBRIAR ESTATES ADDITION, LOCATED AT 3708 BRIARHAVEN LANE, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING TO EXCEED THE PERMITTED LOT COVERAGE AND HEIGHT FOR ACCESSORY BUILDINGS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for an accessory building to exceed the permitted lot coverage and height for accessory buildings, Case No. ZC22- 013; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City’s zoning districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by Ordinance O-22-2204 Page 2 of 3 authorizing a Special Use Permit for an accessory building to exceed the permitted lot coverage and height for accessory buildings on lot on 0.38 acres, being Lot 3, Block 5, Woodbriar Estates Addition, located at 3708 Briarhaven Lane, as depicted on the attached as Exhibit “A”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the existing 1,545 s.f. accessory building to be taller than permitted and exceed the maximum permitted lot coverage. b. The accessory building shall be generally consistent with the site plan and building plans as depicted on the attached Exhibit “B”. c. The accessory building shall be generally consistent with the building elevations and floor plan as depicted on the attached Exhibit “C”. d. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance O-22-2204 Page 3 of 3 Sec. 7.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8.THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of June 2022. The second reading and public hearing being conducted on the 21st day of June 2022. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS ON THIS THE 21ST DAY OF JUNE 2022. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 Exhibit “B” – Site Plan Exhibit “C” – Elevation ORDINANCE O-22-2204 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.38 ACRES, BEING LOT 3, BLOCK 5, WOODBRIAR ESTATES ADDITION, LOCATED AT 3708 BRIARHAVEN LANE, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING TO EXCEED THE PERMITTED LOT COVERAGE AND HEIGHT FOR ACCESSORY BUILDINGS; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for an accessory building to exceed the permitted lot coverage and height for accessory buildings, Case No. ZC22- 013; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City’s zoning districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by Ordinance O-22-2204 Page 2 of 3 authorizing a Special Use Permit for an accessory building to exceed the permitted lot coverage and height for accessory buildings on lot on 0.38 acres, being Lot 3, Block 5, Woodbriar Estates Addition, located at 3708 Briarhaven Lane, as depicted on the attached as Exhibit “A”. Sec. 3.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the existing 1,545 s.f. accessory building to be taller than permitted and exceed the maximum permitted lot coverage. b. The accessory building shall be generally consistent with the site plan and building plans as depicted on the attached Exhibit “B”. c. The accessory building shall be generally consistent with the building elevations and floor plan as depicted on the attached Exhibit “C” and subject to the following: 1. Brick shall be provided on all sides of the accessory building. (Options: front façade only or front façade & a portion of the sides) 2. The brick shall be installed within 90 days of approval. d. A fine of $2,500 shall be assessed for work being done without a permit. e. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 5.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable Ordinance O-22-2204 Page 3 of 3 by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8.THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of June 2022. The second reading and public hearing being conducted on the 21st day of June 2022. PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS ON THIS THE 21ST DAY OF JUNE 2022. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST:CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 Exhibit “B” – Site Plan Exhibit “C” – Elevation City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6b Agenda Date 6/21/2022 Number Ordinance O-22-2205 Type Ordinance Department Community Development Title Consideration of a Special Use Permit for alcoholic beverage sales for on-premise consumption on Lot 3, Block 1, Tara Village, located at 1101 Cheek-Sparger Road, Suite 110, Case ZC22-015 Strategic Plan 4.2 Encourage compatible commercial growth Explanation Second Reading and Public Hearing The applicant was present and answered questions about the business. The applicant clarified that the hours of operation would allow for lunch and dinner service every day with slightly extended hours in the evening on the weekend. First Reading and Public Hearing John Humphreys, of From Across the Pond, has submitted a request for a Special Use Permit (SUP) to allow alcoholic beverage sales for on-premise consumption at 1101 Cheek-Sparger Road, Suite 110. Alcoholic beverage sales for on-premise consumption are allowed in the CC-1 Village Retail district with the approval of an SUP. The ownership of the business is changing. Existing Conditions/Background: The subject property is zoned CC-1 and generally located on the south side of Cheek-Sparger Road, east of Bedford Road within the Tara Village development. The subject property is a platted lot and currently developed with a multi-tenant commercial building. Suite 110 has been operating as a restaurant and it is to be under new ownership. Proposed Special Use Permit: Request – The applicant is requesting approval of an SUP to continue to allow alcoholic beverage sales for on-premise consumption in conjunction with the existing restaurant at this location. The applicant is requesting to sell and serve alcohol as part of the From Across the Pond menu. The applicant proposes the following hours of operation as a component of the SUP request: Sunday – Thursday: 11:30 a.m. – 9:00 p.m. Friday and Saturday: 11:30 a.m. – 10:30 p.m. City Council Agenda Briefing 6b City of Colleyville Page 2 Ordinance – There are four components of procedure that a business must complete to sell and serve alcohol for on-premises consumption in Colleyville: (1) a Special Use Permit (SUP) approval by the City Council for alcohol sales (on-premises consumption) (2) submission of draft Texas Alcoholic Beverage Commission (TABC) License paperwork to the City Secretary’s Office for review and approval, (3) submission of completed TABC License paperwork to the TABC, (4) the issuance of an Alcoholic Beverage License through the City Secretary’s Office. Section 3.25 of the Land Development Code states that an SUP is to “allow a use not normally allowed in a zoning district which could be of benefit in a particular case to the general welfare, provided adequate development standards, and special requirements are imposed to protect surrounding uses or to preserve the character of the neighborhood.” Language is typically added for SUPs to automatically expire upon the abandonment of the business, change in the use, a change in ownership, or upon termination of the Certificate of Occupancy. Section 6-3 of the Code of Ordinances requires businesses that serve alcoholic beverages to be located at least 300 feet from a church, school, or public hospital. The distance is measured from property line to property line for schools, and from front door to front door along the street front property lines for churches and hospitals. Section 6-5 of the Code of Ordinances which states that the restaurant’s alcohol sales must be incidental and secondary to the sale of food for human consumption (further clarified in the Code as non-alcohol and food sales must comprise at least 40 percent of gross receipts). Analysis: The requested location is in compliance with the distance requirements of the Code of Ordinances and the applicant is proposing to comply with the 40/60 incidental sales requirements as stated above. Approval of an SUP at this location for this user should not adversely impact surrounding uses or the character of the neighborhood. Plat Status: The property is a platted property as Lot 3, Block 1, Tara III Addition. DRC Review: The DRC reviewed the request during their April 18, 2022 meeting and determined the application was complete and may be scheduled for the next available Planning and Zoning Commission meeting. Drainage: NA Surrounding Development: The properties to the south are located in the City of Bedford and developed with single family homes. The property to the north is zoned PUD-R Planned Unit Development - Residential and is improved with single family homes. The property to the west is zoned CC-1 Village Retail and is improved with a day care center. The property to the east is zoned CN Neighborhood Commercial and is improved with office uses. City Council Agenda Briefing 6b City of Colleyville Page 3 Comprehensive Plan: The City’s Comprehensive Plan, Destination Colleyville, identifies the subject property as “commercial” and located within a Sales Tax Preferred Intersection. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 500 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff recommends approval of the Special Use Permit (SUP) to authorize the sale of alcoholic beverages for on-premises consumption for From Across the Pond at 1101 Cheek-Sparger Road, Suite 110. The proposed business should not adversely affect surrounding uses. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the request amending the hours of operation for Sunday to Thursday at their May 9, 2022 meeting by a vote of 7-0. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Notification Map 6.Notification Letter 7.Notification List 8.Ordinance O-22-2205 BEDFORD ROADPLAN TATIO N DRIVENP L A N T A T I O N DRIV E S R O D E O D R I V E I N W O O D LA NE G R E E N WA Y C O U R T CHEEKSPARGERROADELMWOODCOURT BUTLER COURTCOPPERWOOD COURTBEDFORD COURTCRESTDRIVE WAYNE DRIVEAerial Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-015 K1101 Cheek-Sparger Road, Suite 110 Subject Property BEDFORD ROADPLAN TATIO N DRIVENP L A N T A T I O N DRIVES R O D E O D R I V E I N W O O D LA NE G R E E N WA Y C O U R T CHEEKSPARGERROADELMWOODCOURT BUTLER COURTCOPPERWOOD COURTBEDFORD COURTCRESTDRIVE WAYNE DRIVEAG CN PU D-C PU D-C CC-1 PU D-R PU D-R Zoning Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-015 K1101 Cheek-Sparger Road, Suite 110 Subject Property BEDFORD ROADPLAN TATIO N DRIVENP L A N T A T I O N DRIV E S R O D E O D R I V E I N W O O D LA NE G R E E N WA Y C O U R T CHEEKSPARGERROADELMWOODCOURT BUTLER COURTCOPPERWOOD COURTBEDFORD COURTCRESTDRIVE WAYNE DRIVEFuture Land Use Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-015 K1101 Cheek-Sparger Road, Suite 110 Subject Property Residential Commercial Institutional Statement of Planning Objectives In support of Special Use Permit for Alcohol Sales John Humphreys is in the process of purchasing the restaurant, From Across the Pond, which is located at 1101 Cheek-Sparger Road Ste. 110 in Colleyville. This British-themed restaurant and pub has been offering award-winning cuisine, classic drinks and exceptional service for several years. They have weathered the pandemic without compromising their core values of providing quality even to the extent of being featured on the television show, Restaurant Impossible. The purpose of this SUP application is to allow the continuation of alcohol sales to compliment the fine food and great service that Colleyville has come to expect. John is an enthusiastic military veteran of 25 years, who intends to use his academic degrees and vast experience in management/leadership to carry the business into a thriving future. 1201 4000 1009 905 3902 1003 3902 3906 4001 4006 4005 1001 902 3905 11041102 1101 1203 3908 4000 4002 3900 4001 3902 1005 1002 903 902 905 3907 4006 1203 4005 1003 4004 11064005 904 904 4007 4002 1212 4002 4002 3900 907 3904 1100907 3901 1208 4006 12111204 4113 3903 3906 3905 1108 4004 1001 4005 3904 4001 4006 1001 3905 1207 913 1206 3904 4004 3900 3908 1208 1105 12021110 3906 4003 906 1112 901 4003 4003 1210 1007 1000 3903 4001 4003 3808 1005 1200 919 4003 1109 4005 I N W O O D LA NE PLANTATIONDRIVES CHEEK SPARGER ROADBEDFORD ROADCRESTDRIVE ELMWOODCOURTBUTLER COURTCOPPERWOOD COURTR O D E O DRIV E BEDFORD COURTWAYNE DRIVENotification Map DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC22-015 K1101 Cheek-Sparger Road, Suite 110 Subject Property 500ft Buffer Properties within 500ft NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, May 9, 2022 at 7:00 p.m. City Council Meetings: Tuesday, June 7, 2022 & Tuesday, June 21, 2022 at 7:30 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit for Alcoholic Beverage Sales for On-Premise Consumption. The purpose is to allow for the on-premise consumption of alcohol for an existing restaurant business, From Across the Pond. A change in ownership of the restaurant is prompting the request. Zoning Case:ZC22-015 Applicant:John Humphreys Owners: Hal & Kathy Baerg Location:1101 Cheek-Sparger Road, Suite 110 Property Description:Lot 3, Block 1, Tara Village Present Zoning:CC-1 Village Retail This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1056. Please reference the zoning case number when requesting information. Jacquelyn Reyff Planning Manager jreyff@colleyville.com Owner Name Owner Address Owner City PURSLEY, TEX 4000 ELMWOOD CT COLLEYVILLE, TX FOY, STEPHEN 1009 INWOOD LN COLLEYVILLE, TX CONATSER, JOSH R 3902 ELMWOOD CT COLLEYVILLE, TX MCDOWELL, CHS A 3902 COPPERWOOD CT COLLEYVILLE, TX RINGO, CASEY K 3906 ELMWOOD CT COLLEYVILLE, TX BAERG, HAROLD J 3848 CAMPUS DR STE 112 NEWPORT BEACH, CA HUGGINS, SAMUEL E 4000 PLANTATION CT COLLEYVILLE, TX GRIFFITH, JAMES C 4002 PLANTATION CT COLLEYVILLE, TX ANDREWS, CHARLEY PO BOX 1853 COLLEYVILLE, TX DELANEY, JENNIFER 3902 BUTLER CT COLLEYVILLE, TX BAERG, HAL 3848 CAMPUS DR STE 112 NEWPORT BEACH, CA BENNETT, DEREK 3907 COPPERWOOD CT COLLEYVILLE, TX FOREMAN, BARBARA R 4006 ELMWOOD CT COLLEYVILLE, TX ROJAS, JAMES 4005 PLANTATION CT COLLEYVILLE, TX JACKSON, WILLIAM D 1003 INWOOD LN COLLEYVILLE, TX ALVAREZ, DAVID 4004 PLANTATION CT COLLEYVILLE, TX BORCHARDT, JOHN 4002 ELMWOOD CT COLLEYVILLE, TX RHEE, UN YOUNG 4002 COPPERWOOD CT COLLEYVILLE, TX BARTON, LEO W 3900 COPPERWOOD CT COLLEYVILLE, TX ABBOTT, RHONDA C 3904 BUTLER CT COLLEYVILLE, TX IOVINELLI, LUCI 4006 PLANTATION CT COLLEYVILLE, TX MONTALVO, RODNEY L 3903 COPPERWOOD CT COLLEYVILLE, TX WRIGHT, RYAN ALAN 3906 BUTLER CT COLLEYVILLE, TX PECHACEK, JOHN A 3905 COPPERWOOD CT COLLEYVILLE, TX MILLER, RAY 3904 ELMWOOD CT COLLEYVILLE, TX BAERG, HAL 3848 CAMPUS DR STE 112 NEWPORT BEACH, CA KENVIN, KEN M 3905 ELMWOOD CT COLLEYVILLE, TX BEALL DENTON PARTNERS LP 5712 COLLEYVILLE BLVD STE 200 COLLEYVILLE, TX TORRES, NOLBERTO 3904 COPPERWOOD CT COLLEYVILLE, TX BEALL DENTON PARTNERS LP 5712 COLLEYVILLE BLVD STE 200 COLLEYVILLE, TX CRAVER, PETE F 3908 COPPERWOOD CT COLLEYVILLE, TX COVER-TEK INC 551 SILICON DR STE 100 SOUTHLAKE, TX BYNO, THOMAS J 3906 COPPERWOOD CT COLLEYVILLE, TX CHATELAIN, GARY M 1007 INWOOD LN COLLEYVILLE, TX WHITE, JAY 4001 ELMWOOD CT COLLEYVILLE, TX TIRHI, GHALEB 4003 ELMWOOD CT COLLEYVILLE, TX BEALL DENTON PARTNERS LP 5712 COLLEYVILLE BLVD STE 200 COLLEYVILLE, TX ALLRED, SHANE 1005 INWOOD LN COLLEYVILLE, TX SCF RC FUNDING IV LLC 902 CARNEGIE CENTER BLVD STE 5 PRINCETON, NJ EDWARDS, SHERIDAN B 4003 PLANTATION CT COLLEYVILLE, TX MYERS, DAVID W 7017 OAK HILLS CT NORTH RICHLAND HILLS, TX TARA PLANTATION ADDITION P.O. BOX 565 COLLEYVILLE, TX SADDLEBROOK ADDITION P.O. BOX 382 COLLEYVILLE, TX HURST EULESS BEDFORD ISD 1849 CENTRAL DR BEDFORD, TX ORDINANCE O-22-2205 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 4.56 ACRES, BEING LOT 3, BLOCK 1, OF THE TARA VILLAGE SUBDIVSION, LOCATED AT 1101 CHEEK-SPARGER ROAD, SUITE 110, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION FOR THE BUSINESS KNOWN AS FROM ACROSS THE POND; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for the Sale of Alcoholic Beverages for On-Premise Consumption for the business known as From Across the Pond, Case No. ZC22-015; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City’s zoning districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for the Sale of alcoholic Beverages for On-Premise Consumption on 4.56 acres, being Lot 3 Block 1, of the Tara Village Subdivision, located at 1110 Ordinance O-22-2205 Page 2 of 3 Cheek-Sparger Road, Suite 110, for the business known as From Across the Pond, as depicted on the attached as Exhibit “A”. Sec. 2.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 3.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise consumption in conjunction with a restaurant use only. b. The name of the business authorized for on-premise consumption by this Special Use Permit shall be called “From Across the Pond”. c. The hours of operation shall be as follows: Sunday – Thursday 11:30 a.m. – 9:00 p.m. Friday and Saturday 11:30 a.m. – 10:30 p.m. d. The Special Use Permit shall 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. e. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 4.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this Ordinance O-22-2205 Page 3 of 3 ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7.THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 7th day of June 2022. The second reading and public hearing being conducted on the 21st day of June 2022. PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 21ST DAY OF JUNE 2022. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 7a Agenda Date 6/21/2022 Number Resolution R-22-4741 Type Resolution Department City Secretary Title Appointment of members to the Colleyville Economic Development Corporation Strategic Plan 1.2 Develop future community leaders Explanation Reading and Public Hearing This item provides for City Council to make three citizen and four City Council appointments to the Colleyville Economic Development Corporation. Citizen appointments will have a term expiring in June 2024; Councilmember appointments will run concurrent to their term on City Council. The current members with terms expiring June 2022 are: Citizens Ralph Hunkins Scotty Richardson John Terhoeve Councilmembers President George Dodson Vice President Richard Newton Board Member Mayor Bobby Lindamood Board Member Mayor Pro Tem Kathy Wheat All current members have asked to be reappointed. The attached applications for appointment received within the last year include: Martin Hall Roger Ihns Victoria Ochoa Eric Presson City Council Agenda Briefing 7a City of Colleyville Page 2 Recommendation Approve Attachments 1.Colleyville Economic Development Corporation Applications 2.Colleyville Economic Development Corporation Roster 3.Resolution R-22-4741 Financial Impact There is no financial impact to the City. Rev. 11/2021 Application for Appointment Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file the Financial Disclosure and Business Conflict of Interest form. Download the financial disclosure form here. Select Board, Commission, or Committee Applying For Below: (preference 1, 2, 3) 1.________________________________________________________________ 2.________________________________________________________________ 3. Name: __ Ms. __ Mrs. __ Mr. Address: __ Phone: _____________________ E-mail Address: __________________________ How long have you been a Colleyville resident? ___ I understand and consent to the following: 1. attendance and active support is required for each appointee; 2. I am required to comply with the Texas Open Meetings Act training; 3. I must bring my own device to meetings to view packet information; 4. I consent to the City’s use and release of all information provided in this application. ___ Additional materials attached. 1.City service/experience, civic organizations, knowledge, experience, or education applicable to Board, Commission, or Committee function: 2.What do you perceive your role will be in serving on a board, commission, or committee? 3.In your opinion, what policies/programs/assets of Colleyville are working well? 4.What are some issues in Colleyville which may require change? 5.If you could influence the City in just one way, what would that be? 6.Please share your vision for the City of Colleyville. All information provided is public pursuant to the Texas Public Information Act. Please return completed application to: City Secretary, 100 Main Street, Colleyville, TX 76034 Office: 817.503.1130 Fax: 817.503.1139; CSOffice@colleyville.com. ____________________________For Office Use________________________________ Date Received: Recorded/Printed: Acknowledged By: Roger K. Ihne Energy Trends & Investments (Retired Principal – Deloitte LLP) Cell: 832-453-2695 rihne950@gmail.com 5619 Winnie Dr. Colleyville, TX 76034 Roger Ihne has 40 years of business experience, including 25 years with Deloitte LLP, as well as prior management positions with the energy businesses of a large public company based in Fort Worth, Texas. Mr. Ihne currently provides advice on energy trends and investments through a variety of forums, and was a member of the board of directors for Universal Acoustic & Emissions Technologies, Inc. prior to the sale of the company in 2018. Community involvement and awards: Mr. Ihne was active as a member of the Energy and Environment Committee of the Greater Houston Partnership (area “chamber of commerce”) from 2008 through 2013. During his last year he served as Vice Chairman of the Oil & Gas Subcommittee (the largest sub-committee of the Partnership.) Additionally, Mr. Ihne was one of the early members of the Advisory Board to the University of Texas Energy Management and Innovation Center (“EMIC”) from 2010 through May 2013. And Mr. Ihne was a recipient of the “Who’s Who in Energy Award” by the Houston Business Journal for both 2012 and 2013. Professional Experience – Deloitte LLP (“Deloitte”) Mr. Ihne served for several years as Deloitte Consulting LLP’s Strategy & Operations service line leader for the combined Mid-America and Southeast regions of the United States. In this role, he had profit and loss responsibility across multiple industries for a group of approximately 500 management consultants providing corporate strategy, supply chain management, operational excellence, financial management , cost reduction, and post-merger integration services. Immediately prior to his retirement from Deloitte in November, 2013, Mr. Ihne had the privilege of serving as the U.S. Oil & Gas Thought Leader for the Deloitte Center for Energy Solutions, where he directed Deloitte’s research projects related to key trends in the industry and shared the results through various meetings, dinners and roundtables with leading oil and gas industry executives. Mr. Ihne is considered an authority by many in the energy industry through his numerous presentations, articles, whitepapers and webinars covering topics important to oil and gas executives. He has researched, published and been asked to speak on such topics as the impact of the shale revolution on the U.S. economy, the pace and focus of M&A activity and major trends facing the U.S. refining industry. He has been quoted by publications including The Wall Street Journal, Forbes, The Petroleum Economist, The Oil & Gas Journal, The New York Times, The Oil Daily, Hydrocarbon Engineering, Hydrocarbon Processing, Downstream Today, Investor’s Business Daily, Bloomberg, The Financial Times, The Houston Chronicle and The Dallas Morning News. Earlier in his career with Deloitte, Mr. Ihne developed a number of consultative service lines and held the following leadership positions with Deloitte’s legacy Management Solutions & Services practice:  Global Solutions Leader - Innovation & Growth  Finance Transformation Services Leader  National Director – eBusiness Services  PROFIT service line development (the firm’s world-class financial management practice) Other employment history: Champlin Petroleum Company – Fort Worth Texas - Employed for eight years in progressively more responsible financial management positions in both Fort Worth and Houston. His responsibilities included positions which covered upstream, midstream, refining and petrochemical operations. Education: B.S. Economics, University of Texas at Arlington, 1979 MBA, University of Texas at Arlington, 1981 ________________________________________________________________ ________________________________________________________________ __ __ __ ___ ___ ✔ Application for Appointment Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file the Financial Disclosure and Business Conflict of Interest form. Download the financial disclosure form here. Select Board, Commission, or Committee Applying For Below: (preference 1, 2, 3) 1. 2. 3. Name: ✔ Ms. Mrs. Mr. Victoria Ochoa Address: 1713 Rock Dove Circle Colleyville TX 76034 Phone: 817-602-6042 E-mail Address: victoriaraquelochoa@gmail.com How long have you been a Colleyville resident? <1 year I understand and consent to the following: 1. attendance and active support is required for each appointee; 2. I am required to comply with the Texas Open Meetings Act training; 3. I must bring my own device to meetings to view packet information; 4. I consent to the City’s use and release of all information provided in this application. Additional materials attached. 1. City service/experience, civic organizations, knowledge, experience, or education applicable to Board, Commission, or Committee function: As an MSc student of Sustainable Urban Development at the University of Oxford (Oxford, United Kingdom) and someone who attended both Heritage Middle School and Colleyville Heritage High School, I would love to lend my skills to my community. 2. What do you perceive your role will be in serving on a board, commission, or committee? Assisting the Planning and Zoning Commission could entail reviewing permits or assisting the planners of this commission in whichever capacity they find most useful; whether that be reviewing the zoning of Colleyville or helping to make recommendations, I would be willing to help wherever needed. 3. In your opinion, what policies/programs/assets of Colleyville are working well? Residents of Colleyville seem satisfied by and large with the condition of the city. I benefited from receiving education in GCISD & know that many are attracted to the school district due to its academic excellence. Notable assets include the beauty of Colleyville, both in the natural and built environments. The parks and roads are also very well-maintained. 4. What are some issues in Colleyville which may require change? Ensuring that we as a city maintain the "country feel" of Colleyville should be examined within the context of our natural environment and its preservation. If development is the only consideration, we will lose our character (namely our "small town" personality) that is integral to our cultural identity in Colleyville. 5. If you could influence the City in just one way, what would that be? I would create opportunities that connect our more vulnerable populations (i.e. elderly citizens, the handicapped, etc.) with the broader community so as to ensure that no resident of Colleyville is prevented from enjoying the beauty of this city. 6. Please share your vision for the City of Colleyville. My dream is for Colleyville to continue to be prosperous and for us to appreciate the natural environment that the city boasts. From beautiful deciduous trees to the numerous bird species found in this area, we have much to be proud of and protect. All information provided is public pursuant to the Texas Public Information Act. Please return completed application to: City Secretary, 100 Main Street, Colleyville, TX 76034 Office: 817.503.1130 Fax: 817.503.1139; CSOffice@colleyville.com. For Office Use Date Received: 12/2/21 Recorded/Printed: Acknowledged By: AL Rev. 11/2021 PLANNING AND ZONING COMMISSION PARKS AND RECREATION ADVISORY BOARD COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION Victoria Raquel Ochoa 1713 Rock Dove Circle, Colleyville, Texas 76034 | 817-602-6042 | victoriaraquelochoa@gmail.com EDUCATION MSc University of Oxford,Sustainable Urban Development,Oxford, UK, Expected Graduation 2023 BA Smith College,Massachusetts, USA, Graduated January 2020 in Environmental Science and Policy and Portuguese-Brazilian Studies Undergraduate GPA:3.86 EXPERIENCE Marketing Assistant,AB FinWright LLP.(March 2021 -October 2021):Created a comprehensive branding strateg y alongside visual aids for improving the website design and social media accounts; performed a SWOT of the firm’s website and social media;presented ideas to the managing partners using PowerPoint and Word; routinely met with team members for collaboration. Sustainable Solutions Capstone,Climate Migration:A Changing Landscape in the Northern Hilltowns? (2019):This group project centered on climate mig ration in four local towns in collaboration with the Pioneer Valley Planning Commission (PVPC).It included analyzing zoning bylaws and presenting the findings and recommendations to aid the towns in winning grants for climate adaptation. Introduction to Geographic Infor mation Systems,Mapping Climate Change Vulnerability and Resiliency in the Pioneer Valley (2019):Worked with the PVPC to increase accessibility of infor mation to townspeople,thus supporting the grant application process that they were undergoing.This online StoryMap displayed and gave context to the risks that climate change poses to the Pioneer Valley as well as the preparations that towns in the Valley had taken to increase climate resilience. Inter preting and Communicating Environmental Infor mation (2019): Environmental communication for broad and varied audiences. Involved use of Twitter to create infor mative yet accessible threads about relevant environmental and social issues. Created a podcast about Smith’s LMP (Landscape Master Plan). Executive Assistant,No Fossil Fuel LLC,Clean Power Inc.,Kingston,MA (August 2018 –May 2019): Researched purchasers of energy projects,such as wind and solar far ms both international and domestic. Attended to miscellaneous administrative tasks and provided support to the founder/president. Student Outreach for Divest Smith College (September 2015 –December 2018):Researched,organized and presented to the Board of Tr ustees the financial,environmental,and social case for fossil fuel divestment and participated in a campaign for campus-wide awareness of divestment.As part of the Student Outreach team,I used social media to engage students,faculty,and miscellaneous supporters of Divest.Additional responsibilities included organizing a luncheon for faculty. Researching Environmental Problems,Updating Smith College’s Landscape Master Plan in the Context of Climate Change (2017):After analyzing Smith’s LMP,our g roup concluded that liminal areas on campus should be used to sustain the native ecosystem by opting for green space in lieu of lawns.Presented our findings at a conference hosted by the American Association of Geographers. PRIZES AND GRANTS Florence Augusta Mer riam Bailey Prize, awarded by Smith College 2020 This prize recognized the work my team produced as part of the Sustainable Solutions Capstone. Our research on climate migration contributed to the climate resilience plans of four different r ural towns. Finalist for Davis Foundation Projects for Peace Grant 2020 A proposal developed in collaboration with community stakeholders to establish an urban farm in a low-income neighborhood in Rio de Janeiro. Recognized as the r unner-up proposal. Inter national Experience Grant, awarded by Smith College 2019 Traveled to Rio de Janeiro as part of a special studies on urban far ming in Brazil. Updated 1/4/2021 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION PRESIDENT George Dodson 7309 Balmoral Drive Colleyville, TX 76034 H: (817) 937-3198 gdodson@colleyville.com TERM: June 2020-June 2022 VICE PRESIDENT Richard Newton 1208 Holly Lane Colleyville, TX 76034 H: (817) 247-1642 rnewton@colleyville.com TERM: June 2020-June 2022 DIRECTOR Ralph Hunkins 717 Beverly Drive Colleyville, TX 76034 W: (972) 268-3331 rhunkins@real-revenue.com TERM: June 2020-June 2022 DIRECTOR Bobby Lindamood 5508 Janet Lane Colleyville, TX 76034 H: (214) 232-8147 blindamood@colleyville.com TERM: June 2020-June 2022 DIRECTOR Scotty Richardson 2005 Reynolds Drive W: (817) 676-2120 Labman0001@hotmail.com TERM: June 2020-June 2022 DIRECTOR John Terhoeve 1204 Opal Court Colleyville, TX 76034 W: (817) 999-5629 jmterhoeve@gmail.com TERM: June 2020-June 2022 DIRECTOR Kathy Wheat 206 Colden Court Colleyville, TX 76034 H: (817) 382-8178 kwheat@colleyville.com TERM: June 2020-June 2022 FINANCE MANAGER Kyle Lester 100 Main Street Colleyville, TX 76034 W: (817)503-1014 klester@colleyville.com GENERAL MANAGER Jerry Ducay 100 Main Street Colleyville, TX 76034 W: (817) 503-1116 jducay@colleyville.com SECRETARY Christine Loven 100 Main Street Colleyville, TX 76034 W: (817) 503-1133 cloven@colleyville.com RESOLUTION R-22-4741 A RESOLUTION APPOINTING MEMBERS TO THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION (CEDC) WHEREAS,in accordance with the Articles of Incorporation of the Colleyville Economic Development Corporation (CEDC), if a member of the City Council ceases to be a Councilmember, such event shall constitute an automatic resignation as a director and such vacancy shall be filled in the same manner as other vacancies; and WHEREAS,three citizen and four Councilmember terms have expired. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Ralph Hunkins, Scotty Richardson, and John Terhoeve are appointed to serve on the Colleyville Economic Development Corporation Board of Directors for a term of two years. Sec. 2. THAT Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and Councilmembers George Dodson and Callie Rigney are appointed to serve on the Colleyville Economic Development Corporation Board of Directors for a term of two years. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS ON THIS THE 21ST DAY OF JUNE 2022. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 10 Agenda Date 6/21/2022 Type Report Department City Secretary Title Colleyville Library Board Minutes - February 14, 2022 Planning and Zoning Commission Minutes - May 9, 2022 Planning and Zoning Commission Worksession Minutes - May 23, 2022 Planning and Zoning Commission Special Meeting Minutes - May 23, 2022 Attachments 1.Colleyville Library Board Minutes - February 14, 2022 2.Planning and Zoning Commission Minutes - May 9, 2022 3.Planning and Zoning Commission Worksession Minutes - May 23, 2022 4.Planning and Zoning Commission Special Meeting Minutes - May 23, 2022 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 9, 2022 Executive Conference Room CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission Meeting was called to order by Chair Bevill on May 9, 2022, at 6:41 p.m. Roll Call Present: David Groves, Lawrence Williamson, Sayeda Syed, Tim Raine, Jim Linn, Claudia Bevill, and George Bond Absent: N/A Staff Present: Ben Bryner, Larry Wright, Jacquelyn Reyff, Rob McKeown, and Dakari Hill Also Present: Attorney, Nicole Corr There was general discussion amongst Staff and the Commission regarding items to be presented this evening at the regular meeting. Chair Bevill adjourned the Planning and Zoning Commission Meeting at 7:13 p.m. CALL MEETING TO ORDER CITY COUNCIL CHAMBERS The City of Colleyville Planning and Zoning Commission Meeting was called to order by Chair Bevill on May 9, 2022, at 7:18 p.m. Roll Call Present: David Groves, Lawrence Williamson, Sayeda Syed, Tim Raine, Jim Linn, Claudia Bevill, and George Bond Absent: N/A Staff Present: Ben Bryner, Larry Wright, Jacquelyn Reyff, Rob McKeown, and Dakari Hill Planning and Zoning Commission Minutes May 9, 2022 City of Colleyville Page 2 Also Present: Attorney, Nicole Corr 1. APPROVAL OF MINUTES 1a Planning and Zoning Commission Meeting Minutes – April 11, 2022 Planning and Zoning Commission Worksession Minutes – April 25, 2022 Commissioner Linn made a motion to approve the April 11, 2022 Planning and Zoning Commission Meeting Minutes and the April 25, 2022 Planning and Zoning Commission Worksession Minutes. Commissioner Raine seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Linn, Bevill, and Bond Nay: 0 2. PUBLIC HEARING AGENDA ITMES 2a Consideration of a Special Use Permit for a Fence to encroach into the front yard setback and for a Fence to encroach into the street side yard setback on Lot 35, Block 3, Monticello Addition Colleyville, located at 7607 Monticello Parkway, Case ZC22-003, TABLED FROM THE APRIL 11, 2022 PLANNING AND ZONING COMMISSION MEETING WITH A REQUEST BY THE APPLICANT TO TABLE TO THE JUNE 13, 2022 PLANNING AND ZONING COMMISSION MEETING Commissioner Groves made a motion to remove Case ZC22-003 from the table. Commissioner Bond seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Linn, Bevill, and Bond Nay: 0 Commissioner Linn made a motion to table Case ZC22-003. Commissioner Williamson seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Linn, Bevill, and Bond Nay: 0 2b Consideration of a Preliminary/Final Plat for Lots 2AR-1, 2AR-2, 3, 4, 5, & 6, Block 1, Shirley Allgood Addition, being Tracts 3P1, 3R1, & 6A17, Planning and Zoning Commission Minutes May 9, 2022 City of Colleyville Page 3 and 6A15, Abstract 328, Simon Cotrail Survey, and Lots 2R1 & 2R2, Block 1, Shirley Allgood Addition, located at 1804 Tyler Street, 1900 Tyler Street, 1907 Renfro Road, and 1911 Renfro Road, Case PC22-006, TABLED FROM THE APRIL 11, 2022 PLANNING AND ZONING COMMISSION MEETING Jacquelyn Reyff presented the item and briefed the Commission. An associate of the applicant, Greg Wright, 624 Stone Hen Drive, Keller, TX, came forward and answered questions of the Commission regarding a drainage plan for the proposed development. Larry Wright, City Engineer, came forward and answered questions of the Commission regarding the potential reduction of detention ponds or having them put in drainage easements. The public hearing was open at 7:28 p.m. With no one wishing to speak, the public hearing was closed at 7:28 p.m. Larry Wright came forward and answered questions of the Commission regarding potential maintenance of detention ponds, enforcement power for noncompliance with maintenance plan, and preference for item to be table in order to have a drainage plan to review. Greg Wright came forward and answered questions of the Commission regarding tabling the item to May 23, 2022 and having a drainage plan ready in two weeks. Commissioner Syed made a motion to table Case PC22-006 to May 23, 2022. Commissioner Linn seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Linn, Bevill, and Bond Nay: 0 2c Consideration of a Special Use Permit for an accessory building to exceed the permitted lot coverage and height for accessory buildings on Lot 3, Block 5, Woodbriar Estates Addition, located at 3708 Briarhaven Lane, Case ZC22-013 Jacquelyn Reyff presented the item and briefed the Commission. The applicant, Will Priest, 3708 Briarhaven Lane, Colleyville, TX, came forward Planning and Zoning Commission Minutes May 9, 2022 City of Colleyville Page 4 and answered questions of the Commission knowledge of permitting requirements, the new alterations made to the structure, and the potential difficulties of bringing the structure into compliance. Staff answered questions of the Commission regarding the issuance of a stop work order, the structure’s violation of code per the Land Development Code, and complaints from neighbors regarding the structure. The public hearing was open at 8:09 p.m Kathy Hadley, 204 Timberline Drive North, Colleyville, TX, came forward and spoke in opposition of the case. Ms. Hadley expressed that the rules should be enforced and citizens should have to comply. With no one wishing to speak, the public hearing was closed at 8:12 p.m. Commissioner Groves made a motion to approve Case ZC22-013 with the contingency that the roofline be brought into compliance. Commissioner Raine seconded the motion. The motion was carried by the following vote: Aye: 4 – Groves, Raine, Linn, and Bevill Nay: 3 – Williamson, Syed, and Bond 2d Consideration of a Zoning Change from R-10 Single Family Residential to R-30 Single Family Residential zoning district for Lot 1, Block 1, Brown Addition Colleyville, located at 5412 Pleasant Run Road, Case ZC22-014 Jacquelyn Reyff presented the item and briefed the Commission. The applicant, Bruce Crandall, 5412 Pleasant Run Road, Colleyville, TX, came forward and answered questions of the Commission regarding the reasoning for the zoning change. The public hearing was open at 8:17 p.m. With no one wishing to speak, the public hearing was closed at 8:17 p.m. Commissioner Syed made a motion to approve Case ZC22-014. Commissioner Bond seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Linn, Bevill, and Bond Planning and Zoning Commission Minutes May 9, 2022 City of Colleyville Page 5 Nay: 0 2e Consideration of a Special Use Permit for Alcoholic Beverage Sales for On- Premise Consumption on Lot 3, Block 1, Tara Village, located at 1101 Cheek-Sparger Road, Suite 110, Case ZC22-015 Jacquelyn Reyff presented the item and briefed the Commission. The applicant, John Humphreys, 2806 Garden Oaks Place, Grand Prairie, TX, came forward and answered questions of the Commission regarding the proposed hours of operation. The public hearing was open at 8:22 p.m. With no one wishing to speak, the public hearing was closed at 8:22 p.m. Staff answered questions of the Commission regarding a Special Use Permit being necessary for establishing hours of operation. Nicole Corr, City Attorney, answered questions of the Commission regarding their ability to modify the proposed hours of operation. Commissioner Williamson made a motion to approve Case ZC22-015 with the modification of the hours of operation being 11:30 a.m. to 9:00 p.m. on Monday through Thursday. Commissioner Syed seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Linn, Bevill, and Bond Nay: 0 2f Consideration of a Zoning Change from R-20 Single Family Residential to RE Single Family ‘Estate’ Residential zoning district for Lots 1R1R, Block 1, Redus Addition, located at 4502 Bill Simmons Road, Case ZC22-016 Jacquelyn Reyff presented the item and briefed the Commission. An associate of the applicant, Greg Reid, 1408 Jacob Avenue, Keller, TX, came forward and answered questions of the Commission regarding the proposed accessory dwelling. The public hearing was open at 8:31 p.m. Belinda Baker, 4504 Bill Simmons Road, Colleyville, TX, came forward and Planning and Zoning Commission Minutes May 9, 2022 City of Colleyville Page 6 spoke in opposition of the case. Mrs. Baker expressed concerns regarding potential drainage issues. Richard Smith, 2112 Oak Knoll Drive, Colleyville, TX, came forward and spoke in opposition of the case. Mr. Smith expressed concerns regarding potential drainage issues. With no one wishing to speak, the public hearing was closed at 8:45 p.m. Mr. Reid came forward and expressed that he was in contact with the City regarding complying with drainage standards. Larry Wright, City Engineer, expressed that drainage issues would be addressed during development. Staff answered questions of the Commission regarding complaints of water pressure in the surrounding area. Commissioner Groves expressed the request should be denied due to drainage concerns. Nicole Corr, City Attorney, expressed that the only item before the Commission was the zoning change request. Commissioner Syed expressed that the zoning change would preserve the integrity of the neighborhood. Mr. Reid expressed that he and the applicant were willing to work with the neighbors. Commissioner Raine made a motion to approve Case ZC22-016. Commissioner Williamson seconded the motion. The motion was carried by the following vote: Aye: 6 – Williamson, Syed, Raine, Linn, Bevill, and Bond Nay: 1 – Groves 2g Consideration of a Zoning Change from ML Light Manufacturing to CC-1 Village Retail zoning district for Lot 16R1A, Block 1, Colleyville Industrial Park, located at 6407 Colleyville Boulevard, Case ZC22-017 Jacquelyn Reyff presented the item and briefed the Commission. The applicant, Nona Samidon, 6407 Colleyville Boulevard, Colleyville, TX, came Planning and Zoning Commission Minutes May 9, 2022 City of Colleyville Page 7 forward and answered questions of the Commission regarding how an acupuncture use was classified in other cities she had practiced in. The public hearing was open at 9:13 p.m. With no one wishing to speak, the public hearing was closed at 9:13 p.m. Commissioner Williamson made a motion to approve Case ZC22-017. Commissioner Groves seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Linn, Bevill, and Bond Nay: 0 2h Consideration of a Special Use Permit for a Massage Therapy use on Lot 16R1A, Block 1, Colleyville Industrial Park, located at 6407 Colleyville Boulevard, Case ZC22-018 Jacquelyn Reyff presented the item and briefed the Commission. Staff answered questions of the Commission regarding what uses would be included in the special use permit, the licensed therapist listed in the special use permit, and a background check requirement. The public hearing was open at 9:17 p.m. With no one wishing to speak, the public hearing was closed at 9:17 p.m. Commissioner Syed made a motion to approve Case ZC22-018. Commissioner Bond seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Williamson, Syed, Raine, Linn, Bevill, and Bond Nay: 0 3. CITIZEN COMMENTS 4. AJOURNMENT The meeting adjourned at 9:22 p.m. The minutes were written and prepared by: Planning and Zoning Commission Minutes May 9, 2022 City of Colleyville Page 8 Dakari Hill Planner The meeting minutes were approved on June 13, 2022 by a vote of 5-0. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 23, 2022 Executive Conference Room CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission Worksession Meeting was called to order by Chair Bevill on May 23, 2022, at 6:15 p.m. Roll Call Present: David Groves, Lawrence Williamson, Jim Linn, and Claudia Bevill Absent: Sayeda Syed and Tim Raine Staff Present: Ben Bryner, Larry Wright, Jacquelyn Reyff, Rob McKeown, and Dakari Hill Also Present: N/A 2. WORKSESSION AGENDA ITMES 2 a Presentation and discussion of a Special Use Permit for outdoor display of merchandise on Lot 3A1A, 3B1, and 4A, Block 2, Andy Felps Addition, located at 4201 Colleyville Boulevard, Case ZC22-019 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the continuous display of the items, the area the business is able to utilize to display the items, and the feasibility of moving the displayed items further back. 2b Presentation and discussion of a Zoning Change from AG Agricultural and RE Single Family ‘Estate’ Residential to PUD-R Planned Unit Development- Residential zoning district for Tract 1B, Abstract 1487, O C Sturm Survey, Tracts 2A01, 2A01B, 2A07A, and 2A07A1, Abstract 1748, James E. Weathers Survey, Lots 1 and 1A, Block 1, K Bar G Estates Addition, Lot 1A, Block 1, Westcoat Estates, and Lots 1A2, 1B, and 1C, Block 1, Hilley Addition, located at 6401, 6405, 6409, 6417, 6501, 6507, and 6605 Westcoat Drive, Case ZC22-020 Jacquelyn Reyff presented the item and briefed the Commission. Staff Planning and Zoning Commission Minutes May 23, 2022 City of Colleyville Page 2 addressed questions of the Commission regarding the open space requirements for Planned Unit Developments, connection of McDonwell School Road in relation to the City’s Master Thoroughfare Plan, and the proposed timeframe for buildout. 2c Presentation and discussion of a Zoning Change from AG Agricultural to R-40 Single Family Residential zoning district for Tract 1B and 1G, Abstract 798, Joseph H. Harrell Survey, located at 805 Murphy Road, Case ZC22-021 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the type of plat that will be submitted with the zoning change request. 2d Presentation and discussion of a Zoning Change from R-20 Single Family Residential to CN Neighborhood Commercial zoning district for Lots 4 and 25A, Block 2, Fair Way Addition, located at 6606 Curtis Road and 8304 Precinct Line Road, Case ZC22-022 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the potential uses at the location and the requirement of a buffer between the location and residential properties. 2e Presentation and discussion of a Zoning Change from R-40 Single Family Residential to R-30 Single Family Residential zoning district for Lots 2 and 3, Block 3, Stafford Heights Subdivision, located at 4801 and 4809 Manning Drive, Case ZC22-023 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the proposed zoning changing the setback requirements. 2f Presentation and discussion of a Zoning Change from R-40 Single Family Residential to R-30 Single Family Residential zoning district for Lot 15 W1/2, Block 1, Wescoat Place Addition, located at 6105 Bettinger Drive, Case ZC22-024 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding how the proposed zoning change impacts the corresponding plat case. 2g Presentation and discussion of a Replat with a plat waiver for lot size for Lot 15R1, Block 1, Wescoat Place Addition, being Lot 15 W1/2, Block 1, Wescoat Place Addition, located at 6105 Bettinger Drive, Case PC22-008 Planning and Zoning Commission Minutes May 23, 2022 City of Colleyville Page 3 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the plat waiver in relation to the corresponding zoning case. 2h Presentation and discussion of a Replat for Lots 1-R and 3, Block 1, Dotti Addition, being Lot 1, Block 1, Dotti Addition, located at 1310 Tinker Road, Case PC22-009 Jacquelyn Reyff presented the item and briefed the Commission. Staff addressed questions of the Commission regarding the current zoning of the property. 3. AJOURMENT The meeting adjourned at 7:04 p.m. The minutes were written and prepared by: Dakari Hill Planner The meeting minutes were approved on June 13, 2022 by a vote of 5-0. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, May 23, 2022 Executive Conference Room CALL MEETING TO ORDER EXECUTIVE CONFERENCE ROOM The City of Colleyville Planning and Zoning Commission Special Meeting was called to order by Chair Bevill on May 23, 2022, at 7:11 p.m. Roll Call Present: David Groves, Lawrence Williamson, Jim Linn, and Claudia Bevill Absent: Sayeda Syed and Tim Raine Staff Present: Ben Bryner, Larry Wright, Jacquelyn Reyff, Rob McKeown, and Dakari Hill Also Present: N/A 1. PUBLIC HEARING AGENDA ITMES 1a Consideration of a Preliminary/Final Plat for Lots 2AR-1, 2AR-2, 3, 4, 5, & 6, Block 1, Shirley Allgood Addition, being Tracts 3P1, 3R1, & 6A17, and 6A15, Abstract 328, Simon Cotrail Survey, and Lots 2R1 & 2R2, Block 1, Shirley Allgood Addition, located at 1804 Tyler Street, 1900 Tyler Street, 1907 Renfro Road, and 1911 Renfro Road, Case PC22-006, TABLED FROM THE MAY 9, 2022 PLANNING AND ZONING COMMISSION MEETING Commissioner Groves made a motion to remove Case PC22-006 from the table. Commissioner Linn seconded the motion. The motion was carried by the following vote: Aye: 4 – Groves, Williamson, Linn, and Bevill Nay: 0 Jacquelyn Reyff presented the item and briefed the Commission. An associate of the applicant, Greg Wright, 8445 Shady Grove, Colleyville, TX, Planning and Zoning Commission Minutes May 23, 2022 City of Colleyville Page 2 came forward and answered questions of the Commission regarding the drainage plan that had been submitted for the proposed development. Larry Wright, City Engineer, came forward and answered questions of the Commission regarding detention ponds being able to hold the necessary due to them being in easements. The public hearing was open at 7:16 p.m. With no one wishing to speak, the public hearing was closed at 7:16 p.m. Greg Wright came forward and answered questions of the Commission regarding homeowner maintenance of detention ponds, a timetable for development, and prioritizing the development of the detention ponds. Larry Wright, City Engineer, came forward and answered questions of the Commission regarding requiring an operation of maintenance plan. Commissioner Groves made a motion to approve Case PC22-006 with the condition that the western most detention ponds be developed before the lots on Tyler Street. Commissioner Linn seconded the motion. The motion was carried by the following vote: Aye: 4 – Groves, Williamson, Linn, and Bevill Nay: 0 2. CITIZEN COMMENTS 3. AJOURNMENT The meeting adjourned at 7:29 p.m. The minutes were written and prepared by: Dakari Hill Planner The meeting minutes were approved on June 13, 2022 by a vote of 5-0. RESOLUTION R-22-4742 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF JUNE 21, 2022 WHEREAS, City Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 21ST DAY OF JUNE 2022. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor