HomeMy WebLinkAboutCity Council-Minutes-09/03/2019
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, September 3, 2019
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Continue discussion regarding the Citizen Survey
WS-2 Discussion of a SAFER grant program
WS-3 Discussion and overview of the Local Street Maintenance Program
WS-4 Discussion of the September 3, 2019, City Council regular agenda items
1. EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised
by items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding
contemplated and/or pending litigation, including:
• Glade Road eminent domain case for Parcel 150
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities, including:
• Acquisition of real property along Main Street
• 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
REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
City Council Agenda September 3, 2019
City of Colleyville Page 2
INVOCATION: Mark Glassman, Church of Christ of Latter-day Saints
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-19-4414
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
In recognition of Austin-Bridge and Road employees Eric Alvarado and Jesus
Rodriguez, and the Colleyville Fire Department by Bill and Storie Gilchrist -
Mayor Richard Newton and Fire Chief Mark Cantrell
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4415
4a Approval of the minutes of the regular City Council meeting of August
20, 2019
4b Approval to order a 2020 Ford Road Rescue Type 1
Ultramedic ambulance from Siddons-Martin Emergency Group, utilizing
pricing through the Houston-Galveston Area Council of
Governments (HGAC), in an amount not to exceed $380,753, and
approval of a leasing agreement with Leasing 2 for the ambulance, and
authorizing the City Manager to execute the documents
4c Approval to extend an ongoing annual agreement with Autobahn Motor
Cars to sponsor the loan of a vehicle to the Colleyville Police
Department for the expressed use by the Colleyville Heritage High
School Resource Officer
4d Approval to use the Voluntary Library Fund in Fiscal Year 2020, for the
purchase of library materials, collection processing supplies, and library
programs, in an amount not to exceed $170,000
4e Approval of a contract with Weaver and Tidwell, L.L.P. for auditing
services for fiscal year ending September 30, 2019, in the amount of
$49,450 for the audit of 2019 financial statements and Comprehensive
Annual Financial Report (CAFR) preparation and printing
City Council Agenda September 3, 2019
City of Colleyville Page 3
4f Adopting the Economic Development Capital Improvement Program
(EDCIP) for the Fiscal Years 2020-2024 of the Colleyville Economic
Development Corporation
4g Adoption of the Colleyville Economic Development Corporation Fiscal
Year 2020 Budget
4h Approval of an annual professional services agreement with Knights
Project Management & Construction Inspection Services, and
authorizing the City Manager to execute the agreement
4i Approval of an amendment to the Professional Services Agreement
with Freese and Nichols, Inc., amending the design parameters to
include an emergency interconnect meter and vault, and extending the
roadway project limits from the City of Colleyville limits to the southern
approach at Heritage Cove in the City of Grapevine, in an amount not
to exceed $78,443.00, and authorizing the City Manager to execute the
amendment
4j Approval of a professional services agreement with Dunaway
Associates, LP, in an amount not to exceed $79,500 for the design of
the L.D. Lockett Pump Station Generator project, and authorizing the
City Manager to execute the agreement
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-19-2090
Consideration of a Special Use Permit (SUP) for an accessory dwelling
to exceed the maximum square footage allowed for accessory buildings
on Lot 1, Block A, of the Divino Acres Addition, located at 7205 Jo Will
Street, Case ZC18-027
5b Ordinance O-19-2091
Request to appeal the decision by the Planning and Zoning Commission for
the consideration of a Special Use Permit (SUP) for a carport and to
exceed the maximum square footage allowed for accessory buildings
on Lot 1, Block A, of the Divino Acres Addition, located at 7205 Jo Will
Street, Case ZC19-007
5c Ordinance O-19-2092
Approving a negotiated settlement between the Atmos Cities Steering
Committee and Atmos Energy Corp. Mid-Tex Division regarding the
Company's 2019 Rate Review Mechanism Filings and adopting tariffs
reflecting rate adjustments consistent with the negotiated settlement
City Council Agenda September 3, 2019
City of Colleyville Page 4
5d Ordinance O-19-2093
Amending Ordinance O-18-2059 relating to the Fiscal Year 2019
budget
5e Ordinance O-19-2094
Adoption of the proposed Fiscal Year 2020 budget
5f Ordinance O-19-2095
Adoption of the Ad Valorem Tax Rate for Fiscal Year 2020
5g Ordinance O-19-2096
An ordinance amending Section 3 - Service Charges of the Water and
Sewer Policy and Procedure Manual as contained in the Code of
Ordinances, to implement updated base rates
5h Ordinance O-19-2097
Amending the City’s fee schedule by amending and restating Section 2-
26 of the Colleyville, Texas, Code of Ordinances, establishing fees and
charges for City services
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-19-4416
Consideration of a Minor Plat for Lot 1, Block 1, of the Reagan Estates
4 Addition, being Tract 1G & 1Q and Tract 1CC1, Abstract 356, in the
Isaac Carodine Survey, located at 5604 Lowrie Road, Case PC19-012
6b Resolution R-19-4417
Consideration of a replat for Lot 1, Block 1, of the Panno Brothers
Addition, being a replat of a portion of Lot 7, Block 1, of the Pleasant
Oak Estates, located at 809 Shelton Drive, Case PC19-010
7. CITIZEN COMMENTS
8. REPORTS
Planning and Zoning Commission Meeting Minutes - May 14, 2018
Planning and Zoning Commission Worksession Minutes - May 29, 2018
Planning and Zoning Commission Meeting Minutes - June 11, 2018
Planning and Zoning Commission Worksession Minutes - June 25, 2018
City Council Agenda September 3, 2019
City of Colleyville Page 5
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR
SEPTEMBER 3, 2019 - READING AND PUBLIC HEARING -
RESOLUTION R-19-4418
10. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, August
30, 2019 by 5:00 p.m.
Christine Loven, TRMC
City Secretary
A quorum of any Colleyville board, commission, or committee may be present at
this meeting.
Any matter on this agenda may, at the discretion of the governing body, be opened
for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 1
City of Colleyville
City Council
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, September 3, 2019 CITY COUNCIL CHAMBERS
Mayor Richard Newton called the Colleyville City Council Worksession to order on
Tuesday, September 3, 2019, at 5:30 p.m.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood,
Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief
Mark Cantrell, Community Development Director Ben Bryner, Public Works
Director Ray Silva-Reyes, Parks and Recreation Director Lisa Escobedo,
Community Relations Specialist Erin Spicer, City Attorney Whitt Wyatt, and City
Secretary Christine Loven.
WS-1 Continue discussion regarding the Citizen Survey
Assistant City Manager Adrienne Lothery led the discussion and review of the
Citizen Survey. Each group of questions for the survey were reviewed and
discussed. A final version will be forwarded to City Council before the survey is
launched to the public.
WS-2 Discussion of a SAFER grant program
Assistant City Manager Adrienne Lothery presented this item stating this grant will
provide 50/50 matching grants, up to $50,000 for commercial properties to offset
the cost of installing a fire suppression system. All City Council members agreed
the program was a good idea and discussed limiting the length of time the
program would be in place.
WS-3 Discussion and overview of the Local Street Maintenance Program
Public Works Director Ray Silva-Reyes presented this item, giving a brief overview
of the program and noting this is a strategic plan, not a worst first plan for repair.
Mayor Newton asked Director Silva-Reyes how progress is measured and if
progress is being made. Director Silva-Reyes stated the Paving Condition Index
(PCI) is updated for each road as maintenance is completed and every five years
the PCI is updated for all roads in the City. One measure of progress is reflected in
the overall average PCI for the entire City being increased. The current focus is to
repair streets with mills and overlays with a 55 or less PCI rating.
WS-4 Discussion of the September 3, 2019, City Council regular agenda items
City Council Minutes September 3, 2019
City of Colleyville Page 2
Mayor Newton stated if there are people present for items 6a and 6b, those items
will move up on the agenda and the remaining items will be considered in order.
There was a brief power outage at 6:27 p.m. No business was discussed during
the outage
Mayor Newton adjourned the Worksession at 6:32 p.m.
Mayor Newton called the Executive Session to order at 6:32 p.m. and called the
roll.
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
1. EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised by
items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding contemplated
and/or pending litigation, including:
• Glade Road eminent domain case for Parcel 150
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities, including:
• Acquisition of real property along Main Street
• 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
Mayor Newton explained the Executive Session had been called in accordance with
the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal,
Section 551.072, Real Estate, and Section 551.087, Economic Development. He
further explained there would be no decisions made or action taken during this
time. Executive Session was adjourned at 7:08 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Newton at 7:32 p.m.
City Council Minutes September 3, 2019
City of Colleyville Page 3
ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and
Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley
and Callie Rigney.
Prior to the invocation, Mayor Newton asked all to hold Von Husbands, Red Barn
BBQ in special prayer.
INVOCATION: Mark Glassman, Church of Christ of Latter-day Saints
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-19-4414
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Mayor Newton and City Councilmembers made the following
announcements:
SH26 Progress Notable: This morning City Manager Jerry Ducay, Assistant City
Manager Mark Wood, and Mayor Newton met with TxDOT District Engineer and his
team to discuss the SH26 project and our concerns. Joining us at the meeting was
Commissioner Gary Fickes. The topics discussed were completion schedule,
communication concerns, unclear financial obligations and post construction
ownership. TxDOT District Engineer Loyl Bussell was very open in offering
assistance.
We are happy to report SH26 construction appears to be moving at a pace that
gives hope to the theory the project will be completed closer to the end of the year
than the spring 2020 timeline offered by TxDOT in early July. This Council’s efforts
to hold all involved accountable is making a difference in the progress we see
taking place today. We were also told we shouldn’t expect any additional financial
obligations than already defined and we expressed concern over the City assuming
ownership of the highway, although we will install and maintain the median
landscaping and other ROW structures that are part of the beautification plan.
Colleyville Leads the Way with Effective Tax Rate, Again: Over the last 12
months Colleyville has been contacted by multiple cities seeking to understand
how we were able to adopt an effective tax rate. At least two communities publicly
City Council Minutes September 3, 2019
City of Colleyville Page 4
debated their tax rate touting Colleyville’s example. Mayor Newton was even
invited to speak before a group of regional Mayors. Well the year has come and
gone and the hoopla surrounding our adoption of the effective tax rate has died
down – or has it. This year Colleyville is on track to adopt the effective tax rate for
a second consecutive year. A handful of other regional communities are suggesting
they will do the same. One community has suggested they will go below the
effective rate. I cannot help but fill with pride when others adopt the exceptional
fiscal leadership we espouse. Leading the way as an example of sound financial
management – that’s exceptional – that’s Colleyville.
Police Department Working Alongside School District to Keep Kids Safe:
Chief Miller and our Police Department personnel continue to execute our robust
School Safety Plan. Our focus is on providing additional presence at schools
particularly during drop-off and pick-up. This is an “all hands on deck” approach
that includes command staff, PSOs and COP volunteers. Unmarked and marked
units have also followed school buses along their routes to ensure drivers were not
passing school buses when they are dropping off children. Our School Safety Plan
includes securing our buildings as well as addressing traffic in and around school
zones and bus routes. Additionally, we continue to encourage officers to have
lunch at schools (GCISD will pick up the tab) and to complete their reports in and
around school parking lots if feasible. School safety is a top priority of this City.
SH26 & Glade Switchover Scheduled for September 4: On September 4 the
TxDOT SH26 reconstruction project will see a lane switch at Glade. This switch will
move traffic on to the new pavement while allowing for the removal and
reconstruction. This new configuration will allow for a left-turn lane only and
right/thru lane. This is different than the current design which allows for thru lanes
for both.
Median Design Taking Shape Along SH26: Last week we met to review
landscape and hardscape options for the roadway medians along the SH26 road
construction corridor (McCain to Brown). This effort is intended to present our
community’s streetscape in a manner commensurate with the quality standards
our residents have come to expect.
Please Join Us at Colleyville Center Open House: The Colleyville Center is
hosting a community Open House on Sunday, September 29, from 2 to 6 p.m. at
5301 Riverwalk Drive, Colleyville. This is your chance to see the new renovations
to the space, mingle with friends, and experience a unique musical performance
while exploring local food and event vendors. Admission is free and open to the
public.
Enjoy the sounds of the Goldman Wollet Berestnev Trio as they present Classical
Lounge, a chamber music performance in three parts. The City of Colleyville has
partnered with the APEX Arts League to bring this special music performance to
Colleyville.
City Council Minutes September 3, 2019
City of Colleyville Page 5
Chick-Fil-A Site Plan Received: This week Chick-Fil-A submitted building
elevation and landscaping plans for the new restaurant planned for the former
Londoner site (SH26 & Pleasant Run). The existing building will be razed in
preparation for the new facility. The Chick-Fil-A restaurant located on SH26 in
Hurst is slated to close and relocate ownership to the new Colleyville location. The
restaurant is slated for opening next summer.
Fire Department Staff Kudos: On Sat Aug 24 at 3:08 PM our Fire Department
responded to a call at Rio Mambo. Turns out the alarm was just set off by the
steam of a dishwasher. A sprinkler head in the dishwashing area had popped and
was spraying water. The health code requires the restaurant to stop serving food
immediately if any fire suppression system is activated in a food service area. Our
staff was able to locate the water supply for the sprinkler system and stop the flow
of water. All fire dept. units cleared and the restaurant was forced to close and
clean up from the water flow. The restaurant would have to call a sprinkler
company out to fix the broken sprinkler and then wait for the health dept. to come
and re-inspect the area.
Capt. Phillips returned to the station and thought to call the Tarrant County Health
Dept. and ask if the FD could assist by replacing the sprinkler head to get the
restaurant back open. Permission was given over the phone. Our crew returned
to the restaurant and replaced the sprinkler head, reactivated the sprinkler system
and had the restaurant back open by 6:30 PM.
Kuddos to Kenny Phillips and Chad Beasley for thinking of how to help a local
business get back in business. Their quick thinking and willingness to lend a hand,
took what is normally a 3-4 day process and made it a 3-4 hour ordeal. This level
of service is yet another example of what makes Colleyville exceptional!
City Hall/Library Traffic Flow Changes Underway: There is a new traffic flow
in the rear parking lot behind City Hall. The road running along the south side of
City Hall is going to be switching traffic from eastbound traffic only to westbound
traffic only. Additionally, the road running along the side of the tennis courts
(between Main Street and Terra Cotta) will be closed while under construction.
Once complete, this road will be two-way. This traffic flow change is undertaking
as part of our new City Plaza scheduled for completion this fall.
In recognition of Austin-Bridge and Road employees Eric Alvarado and
Jesus Rodriguez, and the Colleyville Fire Department by Bill and Storie
Gilchrist - Mayor Richard Newton and Fire Chief Mark Cantrell
Mayor Newton, Fire Chief Mark Cantrell and Bill and Storie Gilchrist thanked Eric
Alvarado and Jesus Rodriguez for awakening them and calling the fire department
at 2:00 a.m. when they saw the Gilchrist home was on fire. Mayor Newton and
Chief Cantrell presented both with a certificate of appreciation. Their action
City Council Minutes September 3, 2019
City of Colleyville Page 6
avoided significant property loss and Mr. and Mrs. Gilchrist said they were heroes.
Chief Cantrell stated the outcome could have been very different had it not been
for their actions.
4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4415
4a Approval of the minutes of the regular City Council meeting of August
20, 2019
4b Approval to order a 2020 Ford Road Rescue Type 1
Ultramedic ambulance from Siddons-Martin Emergency Group, utilizing
pricing through the Houston-Galveston Area Council of
Governments (HGAC), in an amount not to exceed $380,753, and
approval of a leasing agreement with Leasing 2 for the ambulance, and
authorizing the City Manager to execute the documents
4c Approval to extend an ongoing annual agreement with Autobahn Motor
Cars to sponsor the loan of a vehicle to the Colleyville Police Department
for the expressed use by the Colleyville Heritage High School Resource
Officer
4d Approval to use the Voluntary Library Fund in Fiscal Year 2020, for the
purchase of library materials, collection processing supplies, and library
programs, in an amount not to exceed $170,000
4e Approval of a contract with Weaver and Tidwell, L.L.P. for auditing
services for fiscal year ending September 30, 2019, in the amount of
$49,450 for the audit of 2019 financial statements and Comprehensive
Annual Financial Report (CAFR) preparation and printing
4f Adopting the Economic Development Capital Improvement Program
(EDCIP) for the Fiscal Years 2020-2024 of the Colleyville Economic
Development Corporation
4g Adoption of the Colleyville Economic Development Corporation Fiscal
Year 2020 Budget
4h Approval of an annual professional services agreement with Knights
Project Management & Construction Inspection Services, and
authorizing the City Manager to execute the agreement
4i Approval of an amendment to the Professional Services Agreement with
Freese and Nichols, Inc., amending the design parameters to include an
emergency interconnect meter and vault, and extending the roadway
project limits from the City of Colleyville limits to the southern approach
at Heritage Cove in the City of Grapevine, in an amount not to exceed
City Council Minutes September 3, 2019
City of Colleyville Page 7
$78,443.00, and authorizing the City Manager to execute the
amendment
4j Approval of a professional services agreement with Dunaway Associates,
LP, in an amount not to exceed $79,500 for the design of the L.D.
Lockett Pump Station Generator project, and authorizing the City
Manager to execute the agreement
Mayor Newton read Resolution R-19-4415 in its entirety.
Fire Chief Mark Cantrell presented item 4b; Police Chief Michael Miller presented
4c, Library Director Mary Rodne presented item 4d, Assistant City Manager Mark
Wood presented items 4e, f, and g, and Public Works Director Ray Silva-
Reyes presented items 4h, i, and j.
As each of the items on consent are routine business and/or have been previously
discussed in worksession, there was limited discussion, however, the following
comments were made:
Item 4b – Councilmember Dodson asked Chief Cantrell what the difference is
between BLS and ALS. Chief Cantrell explained BLS is Basic Life Support: sprains,
falls, etc. and ALS is Advanced Life Support: heart attack, stroke, etc. which is the
majority of the calls received by the department.
Item 4h – Mayor Pro Tem Lindamood thanked Craig Knight for his work along the
SH26 project.
Item 4i – Councilmember Dodson clarified the City of Grapevine will share the cost
of the approach within the Grapevine city limits.
Mayor Newton opened the public hearing at 8:13 p.m.
Kathy Hadley, 204 Timberline North, spoke in opposition to item 4c, with concerns
for equality at Grapevine High School; in support of item 4d, stating the Library is
a true asset, and in opposition to item 4h, stating City employees should be used.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 8:20 p.m.
Mayor Pro Tem Lindamood explained to Mrs. Hadley, the need for the professional
services agreement for item 4h and noted in addition to having a dedicated
resource to a specific project, there is a cost savings in contracting compared to
providing all of the benefits of employment.
Councilmember Dodson made a motion to approve Resolution R-19-4415
and Councilmember Rigney seconded the motion.
City Council Minutes September 3, 2019
City of Colleyville Page 8
The motion to approve carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
At 8:23 p.m. Mayor Newton stated he is moving to agenda items 6a and 6b and
will return to the first readings of ordinances following those two items.
Mayor Newton returned to the order on the agenda at 8:41 p.m., declared a
recess and reconvened at 8:47 p.m.
5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
5a Ordinance O-19-2090
Consideration of a Special Use Permit (SUP) for an accessory dwelling to
exceed the maximum square footage allowed for accessory buildings on
Lot 1, Block A, of the Divino Acres Addition, located at 7205 Jo Will
Street, Case ZC18-027
Mayor Newton read the caption of Ordinance O-19-2090.
Community Development Director Ben Bryner presented this item, noting the
accessory building only minimally exceeds the size and does not include a kitchen.
This request is for an SUP so a kitchen can be added and the accessory building
can be used for a family member dwelling. Director Bryner stated staff
recommends approval as the proposed accessory building only slightly exceeds the
lot coverage requirement, architecturally the accessory dwelling unit looks
compatible to the main structure, and appears to have no negative impact on
surrounding properties. He also noted the Planning and Zoning Commission
recommended approval and there has been one response to the notification asking
the approval be for family use only, not rental.
Councilmember Dodson asked Director Bryner if the building had already been
converted and a permit granted. Director Bryner stated the building has been
converted and a permit was granted, but does not include a permit for a stove,
which would then classify the accessory building as an accessory dwelling. Mayor
Newton pointed out the permit did not approve the modifications made to the
structure. The permit was granted for a building that met the size limitations.
Director Bryner stated the dwelling met the permit until the covered walkway was
constructed and there was an error made in the length of the walkway.
Councilmember Nakamura asked Mayor Newton how a no rental use is enforced.
Craig Johnson, 7205 Jo Will Street, the applicant, answered questions of the City
Council. Mayor Newton advised Mr. Johnson dwellings are special uses which he
City Council Minutes September 3, 2019
City of Colleyville Page 9
and the City Council are very sensitive to and have concerns for regarding
legitimacy of the use not becoming a rental.
Mr. Johnson stated he understands the concerns and there is no intent to use the
dwelling as a rental. The family has a need to bring an ill father-in-law closer to
them to assist with his care.
There was general discussion on how to enforce no rentals, now and if Mr. Johnson
sold the property, clarification of the footage by which the building exceeds the
square footage allowed, and the possibility of enhancing the side wall with stone or
windows to improve the residential view from the street.
Mayor Newton opened the public hearing at 9:17 p.m.
Kathy Hadley, 2014 Timberline North, spoke in favor of this item, stating she
appreciates the need of having a relative closer and the building looks very nice.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 9:20 p.m.
This was a first reading, therefore, City Council did not take any action.
5b Ordinance O-19-2091
Request to appeal the decision by the Planning and Zoning Commission
for the consideration of a Special Use Permit (SUP) for a carport and to
exceed the maximum square footage allowed for accessory buildings on
Lot 1, Block A, of the Divino Acres Addition, located at 7205 Jo Will
Street, Case ZC19-007
Mayor Newton read the caption of Ordinance O-19-2091.
Community Development Director Ben Bryner presented this item, noting this item
is part two of the property discussed previously under Ordinance O-19-2090 and
will require a supermajority vote.
Director Bryner stated staff recommends denial due to technical noncompliance of
the requested SUP for both the residential carport and to exceed the square
footage allowed by right as the proposed carport pushes the 4% allowable
accessory buildings to 6.4% and the location of the carport being in the side yard
and not the rear yard as required.
Director Bryner stated he is aware the applicant will present a petition stating
neighbors are in favor of the request and with the petition, staff would be less
resistant to the approval of the SUP.
City Council Minutes September 3, 2019
City of Colleyville Page 10
Craig Johnson, 7205 Jo Will Street, the applicant, stated he is willing to enhance
the wall as discussed under the previous item, provided exhibits to show the
planters and columns proposed to enhance the beauty of the structure, and stated
the sides of the carport are not visible to neighbors. Mr. Johnson noted he did
take the time to visit with neighbors and has circulated a petition for their support.
Mayor Newton opened the public hearing at 9:38 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 9:38 p.m.
This was a first reading, therefore, City Council did not take any action.
5c Ordinance O-19-2092
Approving a negotiated settlement between the Atmos Cities Steering
Committee and Atmos Energy Corp. Mid-Tex Division regarding the
Company's 2019 Rate Review Mechanism Filings and adopting tariffs
reflecting rate adjustments consistent with the negotiated settlement
Mayor Newton read the caption of Ordinance O-19-2092.
Assistant City Manager Adrienne Lothery presented this item, providing a history
of the Atmos Cities Steering Committee and a review of the proposed settlement.
Mayor Newton restated the negotiated reduction was approximately $3.9 million,
but there will still be an approximate increase of $2.05 monthly for residential and
$6.18 monthly for commercial.
Councilmember Dodson stated he would still like to see Atmos placed under the
Public Utility Commission, instead of the Railroad Commission.
Mayor Newton opened the public hearing at 9:46 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 9:46 p.m.
This was a first reading, therefore, City Council did not take any action.
5d Ordinance O-19-2093
Amending Ordinance O-18-2059 relating to the Fiscal Year 2019 budget
Mayor Newton read the caption of Ordinance O-19-2093.
Assistant City Manager Mark Wood presented this item, stating staff is currently
estimating the following transfers:
General Fund - $1 to 1.5 million
Utility Fund - $500,000
Drainage Fund - $200,000
City Council Minutes September 3, 2019
City of Colleyville Page 11
Mayor Newton and Mayor Pro Tem Lindamood thanked the staff for running the
City efficiently and enhancing the City’s investments.
Mayor Newton opened the public hearing at 9:51 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 9:51 p.m.
This was a first reading, therefore, City Council did not take any action.
5e Ordinance O-19-2094
Adoption of the proposed Fiscal Year 2020 budget
Mayor Newton read the caption of Ordinance O-19-2094.
City Manager Mark Wood presented this item, stating the proposed budget calls for
the effective tax for an unheard of second consecutive year. Manager Wood noted
City Council has reviewed and provided direction throughout the budget process
and this is the culmination of months of work by staff and City Council. Manager
Wood reviewed property values and the proposed tax rate, proposed revenues and
expenditures by fund, and gave a quick review of the 2020 CIP, as City Council
had conducted a worksession specific to the CIP earlier this year. He also stated
the proposed budget continues to adapt processes to sustain a leaner staffing
model, is able to absorb health insurance cost increases with savings from
eliminated positions, continues operations efficiencies to absorb operating cost
increases, and better aligns capital expenditures with capital funds.
Mayor and City Council were complimentary of staff and thanked them all for their
work on the budget and meeting the City Council goals and strategies.
Mayor Newton opened the public hearing at 10:08 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 10:08 p.m.
This was a first reading, therefore, City Council did not take any action.
5f Ordinance O-19-2095
Adoption of the Ad Valorem Tax Rate for Fiscal Year 2020
Mayor Newton read the caption of Ordinance O-19-2095.
Assistant City Manager Mark Wood presented this item. The calculated FY2020
effective tax rate is $0.306807 per $100 valuation and the proposed tax rate is the
effective tax rate of $0.306807 per $100 valuation. Manager Wood stated the
current tax rate is $0.3208 per $100 of valuation. The proposed tax rate lowers
the tax rate by $0.013993, and by adopting the effective tax rate the City Council
is lowering the tax rate to offset the increasing property values determined by the
Tarrant Appraisal District, in order to collect the same amount of revenue as the
prior year, excluding new growth.
City Council Minutes September 3, 2019
City of Colleyville Page 12
Mayor Newton made note more cities are trying to drive down their effective tax
rate, but some cities are going the opposite direction and are trying to take full
advantage of the allowed 8.5% tax increase.
Mayor Newton opened the public hearing at 10:11 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 10:12 p.m.
This was a first reading, therefore, City Council did not take any action.
5g Ordinance O-19-2096
An ordinance amending Section 3 - Service Charges of the Water and
Sewer Policy and Procedure Manual as contained in the Code of
Ordinances, to implement updated base rates
Mayor Newton read the caption of Ordinance O-19-2096.
Assistant City Manager Mark Wood presented this item. He highlighted the history
of the Water and Wastewater Rate Advisory Committee work and implementation
for rate establishment and CIP funds. Manager Wood stated this item proposes to
lower the water base rate by $.02, the wastewater rate by $.41, and increase the
CIP transfer $.43.
Mayor Newton reiterated the success of the Committee and the ability to increase
the CIP fund balance.
Mayor Newton opened the public hearing at 10:18 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 10:18 p.m.
This was a first reading, therefore, City Council did not take any action.
5h Ordinance O-19-2097
Amending the City’s fee schedule by amending and restating Section 2-
26 of the Colleyville, Texas, Code of Ordinances, establishing fees and
charges for City services
Mayor Newton read the caption of Ordinance O-19-2097.
Assistant City Manager Mark Wood presented this item.
There was general discussion regarding non-resident fees at Colleyville Center,
furnishings for the Webb House, Parks field use fees, and SUP application fees.
Mayor Newton opened the public hearing at 10:42 p.m. There was no one present
wishing to speak and Mayor Newton closed the public hearing at 10:42 p.m.
City Council Minutes September 3, 2019
City of Colleyville Page 13
This was a first reading, therefore, City Council did not take any action.
At 8:23 p.m. Mayor Newton rearranged the agenda to move to the resolutions and
stated he will return to the ordinances immediately following.
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-19-4416
Consideration of a Minor Plat for Lot 1, Block 1, of the Reagan Estates 4
Addition, being Tract 1G & 1Q and Tract 1CC1, Abstract 356, in the
Isaac Carodine Survey, located at 5604 Lowrie Road, Case PC19-012
Mayor Newton read Resolution R-19-4416 in its entirety.
Community Development Director Ben Bryner presented this item noting the
purpose is to plat the property into one single-family residential lot and allow the
construction of a new accessory building.
Mayor Newton asked Director Bryner if the residents are basically cleaning up the
lot. Director Bryner stated yes and noted there are no new lots proposed.
Councilmember Dodson asked Director Bryner if there are any drainage issues.
Director Bryner stated none which he is aware of and does not anticipate any as
there is nothing changing on the lot.
Robert McCan, 5604 Lowrie Road, the applicant, advised City Council he lives at
the address and there will be no additional drainage.
Mayor Newton opened the public hearing at 8:28 p.m.
Kathy Hadley, 204 Timberline North, spoke in support of this item.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 8:29 p.m.
Councilmember Wheat made a motion to approve Resolution R-19-4416
and Councilmember Nakamura seconded the motion.
The motion to approve carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
City Council Minutes September 3, 2019
City of Colleyville Page 14
6b Resolution R-19-4417
Consideration of a replat for Lot 1, Block 1, of the Panno Brothers
Addition, being a replat of a portion of Lot 7, Block 1, of the Pleasant
Oak Estates, located at 809 Shelton Drive, Case PC19-010
Mayor Newton read Resolution R-19-4417 in its entirety.
Community Development Director Ben Bryner presented this item stating no new
lots are proposed, this is a request to plat the property into one single-family
residential lot and allow the construction of a new home. Director Bryner stated
the requested waivers are a result of the City’s required right-of-way-dedication
on both Pleasant Run Road and Shelton Drive and stated the applicant has agreed
the house will face Shelton Drive and this notation will be noted on the plat.
Additionally, this lot was not a lot of record and the drainage will go to Pleasant
Run.
Mayor Newton opened the public hearing at 8:37 p.m.
Kathy Hadley, 204 Timberline North, spoke regarding her concern Mr. Day (a
resident on Shelton Drive) was not present to speak on this item and suggested
tabling the item until there has been a discussion with Mr. Day.
There were no others present wishing to speak and Mayor Newton closed the
public hearing at 8:39 p.m.
Director Bryner stated Mr. Day did discuss this item with him, and Mr. Day has no
objection as there will be a note on the plat regarding the house facing Shelton
Drive.
Councilmember Kelley made a motion to approve Resolution R-19-4417
and Councilmember Rigney seconded the motion.
The motion to approve carried by the following vote:
Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers
Nakamura, Wheat, Dodson, Kelley, and Rigney.
7. CITIZEN COMMENTS
There were no speakers.
8. REPORTS
Planning and Zoning Commission Meeting Minutes - May 14, 2018
Planning and Zoning Commission Worksession Minutes - May 29, 2018
Planning and Zoning Commission Meeting Minutes - June 11, 2018
Planning and Zoning Commission Worksession Minutes - June 25, 2018
City Council Minutes September 3, 2019
City of Colleyville Page 15
There was no discussion of this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR
SEPTEMBER 3, 2019 - READING AND PUBLIC HEARING -
RESOLUTION R-19-4418
This resolution was not needed.
10. ADJOURNMENT
There being no further business before the City Council, Mayor Newton adjourned
the meeting without objection by the City Council at 10:42 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 17TH DAY OF SEPTEMBER
2019.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary