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HomeMy WebLinkAboutCity Council-Minutes-08/17/2021 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, August 17, 2021 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Update on the Colleyville Business Center WS-2 Discussion of the annual Sidewalk Connectivity Project WS-3 Discussion of the August 17, 2021, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: 62 Main Street LLC, Tap Realty, LLC, vs Neighborhood Management, Inc. ET AL Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along SH26 Section 551.087 – 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 INVOCATION: Farzin Hamraee, Baha'I Community of Colleyville PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda August 17, 2021 City of Colleyville Page 2 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4641 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4642 4a Approval of the minutes of the regular City Council meeting of August 3, 2021 4b Approval to use the Voluntary Library Fund in Fiscal Year 2021, for professional services to update the Library's Long-Range Plan, in an amount not to exceed $17,000 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - July 2021 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-21-2167 Approval of a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2021 Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement 7. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 7a Ordinance O-21-2165 Request to appeal the decision of the Planning and Zoning Commission regarding the consideration of a zoning change from the R--20 Single Family Residential district and R-40 Single Family Residential district to the RE Single Family 'Estate' Residential district for Lot 3, Block 3, Highland Acres Addition, located at 401 Timberline Drive South, Case ZC21-013 City Council Agenda August 17, 2021 City of Colleyville Page 3 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-21-4643 Consideration of approving rules for the electronic receipt of bids or proposals 9. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 9a Resolution R-21-4574 Consideration of a request to abandon a previously dedicated right-of- way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-007 9b Resolution R-21-4575 Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-006 10. CITIZEN COMMENTS 11. REPORTS Colleyville Library Board Minutes - June 14, 2021 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, AUGUST 17, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4644 13. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, August 13, 2021 by 5:00 p.m. Christine Loven, TRMC City Secretary City Council Agenda August 17, 2021 City of Colleyville Page 4 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, August 17, 2021 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, August 17, 2021, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Colleyville Center Manager Leslie Hill, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Update on the Colleyville Business Center Colleyville Center Manager Leslie Hill presented this item. She discussed when the Colleyville Business Center (CBC) opened during the pandemic in 2020, which resulted in sporadic one-day rentals, low demand for open workspace, and the boardroom was used only by the Chamber of Commerce. Manager Hill reviewed the marketing plan from October 2020 to May 2021 and the FY21 revenue and building utilization. The revenue through July was $18,075 and there was 100- percent private office occupation for the last 90 days, a 63-percent utilization of mailboxes and positive revenue for workstation day pass use, boardroom, and vault rentals. Manager Hill noted CBC clients enjoy a physical Colleyville address for business mail delivery, the central location on Colleyville Boulevard is prime to conduct business, and the light, bright work environment is an alternative/escape from home office. Also important is the receptionist who is currently the Chamber receptionist, and has a positive, helpful attitude. Manager Hill noted the private office space is limited, four businesses are on a waitlist, and the month-to-month clients are moving toward longer rental agreements. There was general discussion regarding the open workspace area and the City’s current costs to operate the CBC. The Council asked staff to provide a total revenue vs cost, which includes in-kind services. Mayor Newton stated it appears the City is on track to meet the planned projections. Mayor Newton also asked Manager Hill to include an objective for next year related to entrepreneurial activity. City Council Minutes August 17, 2021 City of Colleyville Page 2 WS-2 Discussion of the annual Sidewalk Connectivity Project Public Works Director Ray Silva-Reyes presented this item, which provided an overview of committees established to review sidewalks since 2017. Director Silva- Reyes noted in June 2019 the Pedestrian Transportation Ad Hoc Committee was established and in December 2019, City Council approved the Pedestrian Transportation Committee report, which included updates to the 2008 sidewalk map and led to the first round of sidewalk construction projects completed or under construction in FY21. Director Silva-Reyes then reviewed staff’s recommendation of nine potential projects for consideration in FY22. Mayor Newton stated the staff did an excellent job acting on the Pedestrian Transportation Committee objectives this year, all of which had major impact on walkability in that the projects filled gaps in current sidewalk and trails. There was discussion regarding Cheek-Sparger Road and timelines for construction, and the need to address Jackson Road. City Council directed staff to move Jackson Road up on the prioritization schedule before moving forward with design contracts. WS-3 Discussion of the August 17, 2021, City Council regular agenda items Mayor Newton stated Resolutions R-21-4574 and R-21-4575 would remain tabled. Mayor Newton adjourned the Worksession at 6:00 p.m. and called the Executive Session to order. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including 62 Main Street LLC, Tap Realty, LLC, vs Neighborhood Management, Inc. ET AL Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including Acquisition of real property along SH26 Section 551.087 – 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 Minutes August 17, 2021 City of Colleyville Page 3 There was no action taken and Mayor Newton adjourned the Executive Session at 6:45 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:32 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. INVOCATION: Farzin Hamraee, Baha'I Community of Colleyville PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4641 Mayor Newton read Resolution R-21-4641 in its entirety. Assistant City Manager Adrienne Lothery presented Phase III of the Colleyville Corridor Beatification project that is referred to as the Gateway Project and includes the Tower elements at John McCain and SH26, Main Street and SH26, and the Little Bear Creek area. To accomplish these goals, the City identified the need to acquire public rights-of-way at 5117 and 5200 Colleyville Boulevard. Right-of- Way (ROW) Improvement Agreements were entered into with the owners of property at 5117 and 5200 Colleyville Boulevard. The agreements provided for the City to acquire the ROWs, and make capital improvements to the ROWs, and the owners’ properties in lieu of monetary compensation. Manager Lothery noted this resolution will provide for the related improvements in excess of the appraised values and will be funded through the City’s BEST and SIGN Grant programs. Mayor Newton reiterated this resolution does not document any new action, it only provides for the value of the grants. Mayor Newton opened and closed the public hearing at 7:42 p.m. as there were no speakers. Councilmember Wheat made a motion to approve Resolution R-21-4641, seconded by Councilmember Dodson. The motion to approve Resolution R-21-4641 was approved by the following vote: City Council Minutes August 17, 2021 City of Colleyville Page 4 Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4641–1 Mayor Newton read Resolution R-21-4641-1 in its entirety. Mayor Newton stated Next Bistro has applied for a small economic development grant. He explained the economic development BEST grant is designed to help business owners improve the look and feel of their business, and in this case Next Bistro is seeking a portion of the cost to replace windows. Councilmember Wheat stated she likes the restaurant however she will not support this item as Next did not follow protocol in seeking the grant. Mayor Newton opened and closed the public hearing at 7:45 p.m. as there was no one present wishing to speak. Councilmember Nakamura made a motion to approve Resolution R-21- 4641-1, seconded by Councilmember Dodson. The motion to approve Resolution R-21-4641-1 was approved by the following vote: Ayes: 5 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Dodson, and Rigney. Nays: 2 – Councilmembers Wheat and Kelley. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton and the City Councilmembers made the following announcements. Colleyville has 183 active positive cases. Tarrant County beds occupied by COVID patients is 20%, and the nine-county TSA-E region COVID hospitalization is 17.89%. Tarrant County bed availability is 14%, and ventilator availability is 66%. Adult ICU bed availability in Tarrant County is 6%. Colleyville’s percentage of population in Tarrant County receiving at least one dose of the vaccine is 65%. Tarrant County Health community spread level remains level at “high.” City Council Minutes August 17, 2021 City of Colleyville Page 5 Councilmember Wheat Appointed to Regional Board – Councilmember Wheat was notified this week that she has been appointed to the North Central Texas Council of Governments Regional Emergency Preparedness Planning Council (EPPC). A formal vote of the COG Executive Board on the appointment will take place on August 19. This appointment is for a two-year term representing the population category 15,000 – 29,999. The EPPC serves in an advisory role to the NCTCOG Executive Board. The Council has the responsibility to provide policy direction and oversight for development of regional emergency planning and response systems. The Council may also recommend how to best utilize financial assistance for regional emergency planning, mitigation, and recovery. PD Recognized for Business Partnership – Chief Miller was contacted by the Albertson’s/Tom Thumb organized retail crime investigator who had high praise for the department’s work in helping them solve cases. Below is part of his email: In the past two years, I have established an excellent working relationship with Colleyville PD, this includes Det. Jeff Prater, Det. Nicholas Garcia and Det. Clay Williams. They are true assets to your stellar police agency. In fact, Colleyville PD leads the way on many fronts. Your detectives are professional and always approachable. I have helped them in connecting with other detectives in DFW when working major cases, this have been beneficial at time when solving cases. You guys are the “Go Getters” in comparison to many other agencies here in DFW. Detective Jeffrey Prater, also assisted us (Albertsons) with getting connected with Kyle (Motorola), which helped us see the value in investing in the LPR system. To date, we have 4 stores with 2 LPR cameras (each store) including our Albertsons store in Colleyville. We are currently working on adding 90 more cameras at 45 stores in DFW. This is absolutely a Game Changer and a win for both us and law enforcement agencies in DFW. Pleasant Run Soccer Restrooms Underway - The Pleasant Run Park (practice) restrooms are coming along nicely. The plumbing and CMU walls are in, as well as the water and sewer tap. The trusses and roof should be installed within the next week or so along with the roof. The stone veneer exterior will also be installed within the next few weeks. Once the roof is in place the interior will come together quickly. The project is still on track to be completed in September. Monthly Sales Tax Update - Our most recent collection came in at 10.6% over the same month in FY20, putting our YTD growth at 13.6%. This is the 15th consecutive month in which Colleyville has posted sales tax gains over the previous year. In terms of dollars, this represents a total YTD gain of $837,000 over last year. It should be noted that the City received $27,000 in audit collections, offsetting the $26,000 we lost in audit collections last month. Regardless, most of the gain we saw this month was on current collections, which City Council Minutes August 17, 2021 City of Colleyville Page 6 are reflective of actual transactions made in June as opposed to administrative adjustments. Colleyville Love From a Military Family – As we have discussed previously, our last gift card program included an initiative to send $50 cards to families of active military service personnel. Last week we received the following note from one such family. Dear Christine, I just wanted to send a note to say thank you for the touching and humbling service they city has done for military family members. My husband and I were shocked when we arrived and my mother gave us the gift card to use in the city. We truly enjoyed going out to our favorite local place while in town. Thank you again for truly taking care of the residents of Colleyville. We look forward to military retirement so that we can be full time Texans again. Regards Samantha Topping This simple thank you note exemplifies yet another example of why Colleyville is such an exemplary place. We honor the Topping family and all those who have answered the call for service. Gift Card Program Update – Gift cards continue to be redeemed by local businesses. To date, 7197 - $35 gift cards have been redeemed ($251,895) and 468 - $50 cards ($23,400). We have received 1110 (15.4%) of redeemed cards from other communities (Hurst – 112 Euless – 96; Bedford – 560; Southlake – 67; Grapevine – 208 and NRH – 67). We have also sent out 24 - $50 cards to military families and received 19 names for military care packages. This program has already injected more than $275,000 into our local businesses – and we expect redemptions to continue another 30 days. The City of Colleyville supports our local business community and will continue to do so. Fall Concert Line-up Set at City Plaza – In September, the City will launch our Fall Concert Series with The American Singers (an ensemble from the Vocal Majority) on Sunday, September 5th, at 4 PM. This group will perform a patriotic- themed concert that is sure to please the entire family. A second concert will be held on September 12th, at 4 p.m. featuring Six Of The Matter a popular band who has appeared at last year’s car show. Construction Traffic Just Got More Interesting – If you have driven through Colleyville that last few years, you probably believe you have seen it all when it comes to construction traffic. Well the traffic engineers have come up with a new City Council Minutes August 17, 2021 City of Colleyville Page 7 design called a Single-Point Urban Intersection (SPUI) that will be in use for a few months at Riverwalk and Glade Road – and its unlike anything seen so far. What is a SPUI and why is it being used in Colleyville, you might ask? It is a unique intersection design that allows for the safe efficient flow of traffic in unique situation. The construction of the roundabout location at Glade and Riverwalk has created such a situation – albeit on a temporary basis (see design on screen). This design allows two-way traffic on Riverwalk while continuing the temporary easterly traffic pattern on Glade. This intersection design will be used temporarily north of Glade at Riverwalk Drive and Stonebridge Drive. This intersection will function as a three-way stop with each vehicle coming to a complete stop and yielding the right- of-way. Remain stopped until the intersection is clear. The driver will then proceed across the intersection following the appropriate signage. This will allow local traffic to flow Northbound and Southbound on Riverwalk Drive, while improvements on Glade Road continue. Traffic along Glade Road will continue to be one way eastbound only. On Glade, traffic will be shifted from the south side/existing pavement to the north side/new pavement. During the announcements, Mayor Newton recognized three Colleyville Police Officers Honored by MADD (Mothers Against Drunk Driving): Officer Tyler Behringer. Officer Behringer was awarded the Enforcement Hero Award for having the most DWI arrests in our department in 2020. Congratulations Officer Behringer. Sgt. Matt Foss and Officer Jessica Aguirre, both earned the Commitment Hero Award for exemplifying a strong commitment to DWI education or enforcement in our department in 2020. Chief Miller stated the department is thankful for a great partnership with MADD and we are proud of the dedication shown by these officers to keep our roadways safe for the traveling public. Mayor Newton said the Colleyville Police Department, under the direction of Chief Michal Miller, is exceptional in every way. This City Council and our residents support and appreciate the service and dedication of our officers. Thank you to the officers recognized tonight and all who risk their lives to keep us safe. You will always have our support. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4642 4a Approval of the minutes of the regular City Council meeting of August 3, 2021 4b Approval to use the Voluntary Library Fund in Fiscal Year 2021, for professional services to update the Library's Long-Range Plan, in an amount not to exceed $17,000 City Council Minutes August 17, 2021 City of Colleyville Page 8 Mayor Newton read Resolution R-21-4642 in its entirety. Library Director Mary Rodne presented item 4b to provide for funding to update the Library’s Long-Range Plan. Mayor Newton stated the Library has done a good job of implementing the plan and Councilmember Dodson stated the 2016 plan was very thorough and this is a reasonable amount for the update. Mayor Newton opened and closed the public hearing at 8:15 p.m. as there was no one present wishing to speak. Councilmember Rigney made a motion to approve Resolution R-21-4642, seconded by Councilmember Wheat. The motion to approve Resolution R-21-4642 was approved by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - July 2021 Finance Director Kyle Lester presented the report noting through July, the General Fund collected 94% of budgeted revenue and spent 81% of budgeted expenditures. Cash flow remains ahead of where anticipated, but a little behind last year. Due to legislation passed during the last legislative session and a weak fixed income market, franchise tax revenue and interest income are weaker spots in the revenue profile. In total, the Fund's surplus amounts to $3.6 million. Director Lester noted the $1.4 million in CARES Act funding the City received last year has been removed. Through July, no CARES funding has been received. This report provides for the ninth collection of the year from June's sales, and it brought in an increase of 10.6% over June of last year. This makes the total YTD growth at 13.6% over FY20, and makes for a total dollar gain of $837,000. Director Lester report statewide, Texas cities saw another month of double-digit gains for a total fiscal year increase of 10.7%. DFW cities fared better with an average monthly increase of 19%, yielding a total average year-to-date increase of 12.9%. The Utility Fund through the tenth month of the fiscal year has collected 69% of its budgeted revenue and spent 60% of its budgeted expenditures. The surplus of $1.7 million is stronger than last year due to the strong true-up refund from the City Council Minutes August 17, 2021 City of Colleyville Page 9 Trinity River Authority, which will pass on to the cash-funded capital improvement plan at the end of the year. Director Lester stated as the City nears the end of the fiscal year, it is important to note the effects of the pandemic and the winter storm had on the Utility Fund’s financial position. COVID primarily affected the Utility’s revenue in two ways: first, the City paused its policy of collecting penalty revenue for overdue bills in support of economic difficulties the pandemic caused. In a usual year, the City would collect approximately $200,000 in penalties. Switching the penalties back on only a few months ago, the new estimate is $50,000 in penalty revenue for a net decrease of $150,000 over budget. Interest income has also taken a dramatic hit. Director Lester said while rates were already declining, COVID sped up the rate of descent. On a budget of $60,000, the Utility Fund is tracking to collect around $10,000 for a net decrease of $50,000. From an expense side, the Utility incurred additional costs for electricity - $40,000, and overtime and repairs - $87,000. In total, the storm resulted in $127,000 in additional expenses. He noted the Fund is projected to decrease its balance by $251,000 this year as a result of these two events. Working capital is projected to end at $5.59 million, or close to 120 days. This is well over the City’s financial policies. Director Lester reviewed the remaining funds. Mayor Pro Tem Lindamood thanked Director Lester for this report and stated the Council has adopted the no-new-tax- rate for the last four years. He said the City is doing well and reminded everyone the Colleyville Boulevard project is paid from ad valorem taxes; the funding comes from the TIF which was established in 1977. 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-21-2167 Approval of a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2021 Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement Mayor Newton read the caption of Ordinance O-21-2167. Assistant City Manager Adrienne Lothery presented this item by providing a recap of the Steering Committee (ACSC) and the Rate Review Mechanism (RRM). She stated in early April Atmos filed a rate request pursuant to the RRM Tariff adopted by ACSC members. Atmos claimed its cost-of-service in the test year ending December 31, 2020, entitled Atmos to additional system-wide revenues of $43.4 million. Application of the standards set forth in ACSC’s RRM Tariff required Atmos to reduce its request to $40.5 million, $29.3 million of which would be applicable to ACSC members. ACSC’s consultants concluded the system-wide deficiency under the RRM regime should be $22.34 million instead of the claimed $40.5 million. The amount of the $22.34 million deficiency applicable to ACSC members City Council Minutes August 17, 2021 City of Colleyville Page 10 would be $16.8 million. After Atmos reviewed the ACSC consultant’s report, ACSC’s Executive Committee and the Company negotiated a settlement whereby Atmos would receive an increase of $22.78 million from ACSC cities, but with a two-month delay in the effective date until December 1, 2021, saving ratepayers approximately $3.8 million. Mayor Newton reiterated the value of the ACSC. Councilmember Dodson stated he investigated the entire rate setting process thoroughly and has recommended the control be moved from the Railroad Commission to the Energy Commission. Mayor Newton opened and closed the public hearing at 8:41 p.m. as there was no one present wishing to speak. This was a first reading therefore, no Council action was taken. Mayor Newton declared a recess at 8:42 p.m. and reconvened at 8:47 p.m. 7. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 7a Ordinance O-21-2165 Request to appeal the decision of the Planning and Zoning Commission regarding the consideration of a zoning change from the R-20 Single Family Residential district and R-40 Single Family Residential district to the RE Single Family 'Estate' Residential district for Lot 3, Block 3, Highland Acres Addition, located at 401 Timberline Drive South, Case ZC21-013 Councilmember George Dodson made a motion to remove Ordinance O- 21-2165 from the table, seconded by Councilmember Kelley, and passed unanimously 7-0. Mayor Newton read the caption of Ordinance O-21-2165. Mayor Newton stated this item had been tabled for the last two meetings as it requires a super majority vote and there were Councilmembers who could not be present for the last two meetings. Community Development Director Ben Bryner presented this item which seeks to appeal the Planning and Zoning Commission’s denial to rezone from the R-20 Single Family Residential district and R-40 Single Family Residential district to the RE Single Family 'Estate' Residential district. Director Bryner noted the property does not comply with all the minimum standards of the RE Single Family ‘Estate’ Residential district zoning, and the applicant is seeking the rezoning to be able to allow for livestock. He also stated the applicant contends he has raised livestock on the property for many years. Director Bryner then reviewed the Land Development Code - Chapter 3 - Section 3.9 RE Single Family ‘Estate’ Residential City Council Minutes August 17, 2021 City of Colleyville Page 11 District, E. Permitted Accessory Uses; 12. Private stables for the keeping of grazing animals, which would allow the keeping of only two or three animals if the RE zoning was approved. Mayor Newton stated he is aware a citizen who first opposed the zoning case has withdrawn the opposition and he asked staff if the map has been updated to reflect the changes in the opposed and support. Director Bryner stated yes the map has been updated. Mayor Newton stated this is a zoning case and the Council can only make a decision regarding the zoning. Mayor Newton stated in reading the Property history, it is stated it appears cattle have been on this property for 46 years. Mayor Newton stated he is not sure if this is correct, but asked the City Manager if there had been a change in Code since the use started, would this property be grandfathered. City Manager Jerry Ducay responded that the challenge with existing non- conforming uses, or uses which continue, assumes they are consistently used for that purpose and usually refer to structures or businesses. Every time you change the use, you cannot increase the amount of non-conformance. The theory of an existing non-conforming use, assumes no change. In this case, there have been so many changes over time, there would be no grandfathering. Mayor Newton thanked the City Manager and stated he wanted it addressed because he did think the topic was worthy of discussion and explanation. There was continued discussion regarding the number of animals allowed per square foot, conditions of permitted uses and types of uses, the property at 405 Timberline Drive South, and the process for applying for R-40 zoning. Mayor Newton reiterated this is a zoning case and he is not one to allow a variance unless there is a very valid reason beyond the control of the owner and applicant. Mayor Newton opened the public hearing at 9:09 p.m. Kathy Hadley, 204 Timberline Drive North spoke in favor of this request. Applicant Jerry and Gwen Tinkis and Jared Tinkis, 401 Timberline Drive South spoke in favor of this request and stated they have been residents 50 years. Mr. Tinkis stated he has been maintaining the property at 405 Timberline Drive and asked the City Council to advise him what to do that would allow them to keep the longhorns, at least until their youngest son was out of school. Mr. Tinkis asked if they could file an SUP. Mayor Newton explained the SUP is not an option unless the Code of Ordinances were changed. Shelley Wallace, 404 Timberline South spoke in favor of this item and stated this is a rare instance which she believes a variance should be granted. City Council Minutes August 17, 2021 City of Colleyville Page 12 Ken Owens, 308 Timberline Drive South spoke in opposition to this item. Debra Flank, 900 Inwood Lane, spoke in support of this item. Mayor Newton closed the public hearing at 9:44 p.m. as there were no others wishing to speak. Mayor Newton stated he is empathetic to the Tinkis’ situation. Councilmember Wheat stated she if appreciative of what the Tinkis family has brought to the City and these conversations are in no manner suggesting a lack of value. Councilmember Nakamura said she too appreciates the Tinkis family, but the Council is not voting on animals, they are voting on zoning. Councilmember Dodson noted he has a history with 4-H, but he feels there are too many animals on the property, but they are voting on zoning. Mayor Pro Tem Lindamood stated the Tinkis’ raised a Champion Longhorn, a US rank, not just Texas and the City is very proud of them, however, this is a zoning issue. He stated he is in favor of whatever can assist the family, a variance, or an SUP, because they do have value. He then went on to read a letter of support for the item. Mayor Newton reopened the public hearing 9:55 p.m. to hear Shelly Wallace, 404 Timberline Drive South, restated her support. Mayor Newton closed the public hearing at 9:56 p.m. Councilmember Dodson made a motion to deny Ordinance O-21-2165, seconded by Councilmember Kelley. The motion to deny Ordinance O-21-2165 was approved by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-21-4643 Consideration of approving rules for the electronic receipt of bids or proposals Mayor Newton read Resolution R-21-4643 in its entirety. Public Works Director Ray Silva-Reyes presented this item. He noted the City has been utilizing CivCast USA as the official location of bid documents since February 2018 and by utilizing an online system, thousands of contractors are able to access and download bid documents free of charge. Director Silva-Reyes said electronic bidding is an extremely convenient and free means for contractors to City Council Minutes August 17, 2021 City of Colleyville Page 13 submit their bids. Staff worked with the City Attorney in the formation of the rules and staff has received an overwhelmingly positive response from contractors. Councilmember Dodson thanked Mayor Pro Tem Lindamood for his assistance in helping the City move toward an electronic bidding system. Mayor Newton opened and closed the public hearing at 10:01 p.m. as there was no one present wishing to speak. Councilmember Kelley made a motion to approve Resolution R-21-4643, seconded by Mayor Pro Tem Lindamood. The motion to approve Resolution R-21-4643 was approved by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 9. TABLED RESOLUTION(S): READING AND PUBLIC HEARING Both resolutions remained tabled. 9a Resolution R-21-4574 Consideration of a request to abandon a previously dedicated right-of- way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-007 9b Resolution R-21-4575 Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-006 10. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive North, suggested one-way signage be added to Glade Road. She expressed her appreciation for the synchronized traffic signals on Colleyville Boulevard and the trees in the medians. Mrs. Hadley stated she does not like all the rock in the medians and reminded the Council Colleyville is a Tree City. 11. REPORTS Colleyville Library Board Minutes - June 14, 2021 City Council Minutes August 17, 2021 City of Colleyville Page 14 There was no action taken on this item. 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, AUGUST 17, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4644 This resolution was not needed. 13. ADJOURNMENT Councilmember Callie Rigney reminded residents they can apply for higher zoning is their property meets the requirements. There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 10:09 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 7TH DAY OF SEPTEMBER 2021. Minutes taken and prepared by: Christine Loven, TRMC City Secretary