Loading...
HomeMy WebLinkAboutCity Council-Minutes-1/18/2022 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, January 18, 2022 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Fire Department Update WS-2 Presentation of the adhoc General Fund CIP Fee Advisory Committee recommendations WS-3 Discussion of the January 18, 2022, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: Glade Road eminent domain case for Parcel 150 Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the CWD Solid Waste Contract Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City Council Agenda January 18, 2022 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Katie Newkirk, First United Methodist PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4689 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Recognition of the Featured Business of the Month - Kimberly's Bags Recognition of the Colleyville Fire Department as recipient of the Baylor Scott and White Hospital EMS Super Star award - Fire Chief Mark Cantrell and Mayor Richard Newton 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4690 4a Approval of the minutes of the regular City Council meeting of January 4, 2022 4b Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of various streets as identified in the agreement and authorizing the City Manager to execute the agreement 4c Approval of rejecting all bids for the Waste Water Project 5 - Quails Path Sanitary Sewer Line Replacement project 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - December 2021 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-22-2187 Consideration of a Special Use Permit for a residential carport on Lot 31, Block 1, Wescoat Place Addition, located at 5916 LD Lockett Road, Case ZC21-029 City Council Agenda January 18, 2022 City of Colleyville Page 3 6b Ordinance O-22-2188 Consideration of a zoning change from AG Agricultural to R-40 Single Family Residential zoning district for Lot 1, Block 1, Howard Place Addition, located at 6113 Bransford Road, Case ZC21-031 6c Ordinance O-22-2189 Consideration of a zoning change from AG Agricultural to R-40 Single Family Residential zoning district for Tract 1, Abstract 798, Joseph H. Harrell Survey, located at 715 Murphy Road, Case ZC21-034 7.RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-22-4691 Request for a Variance to the Street Side Yard Setback on Lot 10R, Block 12, Highland Meadows Addition, located at 6003 Sunderland Drive, Case VC21-005 7b Resolution R-22-4692 Approval of a resolution calling a General Election for the purpose of electing a Mayor and City Councilmembers to Place 1 and Place 2 and authorizing a joint election agreement and contract for election services with Tarrant County Elections Administration 8.CITIZEN COMMENTS 9.REPORTS Planning and Zoning Commission Minutes - December 13, 2021 10.ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JANUARY 18, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22-4693 11.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, January 14, 2022 by 5:00 p.m. Christine Loven, TRMC City Secretary City Council Agenda January 18, 2022 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, January 18, 2022 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, January 18, 2022, 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 Adrienne Lothery, Police Chief Michael Miller, Assistant Police Chief Hillary Wreay, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Finance Director Kyle Lester, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Fire Department Update Fire Chief Mark Cantrell gave a thorough presentation highlighting the accomplishments and activities of the Fire Department over the last four years (2018-2021). The highlights of the presentation showed the national average for a cardiac event save is 23% and the Colleyville Fire Department record is over 53%, a combined average for 2018-2021. Since 2018, the Colleyville Fire Department has saved 18 lives using their internal standard, and 27 lives using the national standard. The Colleyville Fire Department holds themselves to a much higher standard than the national standard. Chief Cantrell reported on the call time statistics, providing analysis between incident volume, and response time. He highlighted several of the awards the department has been recognized with, and reported the department was able to reduce the Insurance Services Office (ISO) rating from a 4 to a 2, the lower number being a better rating. Chief Cantrell also discussed the equipment the department designed for the department which includes the 2020 Spartan Fire Engine which has a shorter wheel base and allows for a better turning radius. Chief Cantrell reviewed the department initiatives, community assistance and response to Covid, projects for which grants have been received, increased training and professional growth, and the building remodels throughout the City which have been completed by fire personnel, instead of an outside contractor. Chief Cantrell concluded by thanking the City Council and City Manager for providing the direction and support which has allowed the department to excel. WS-2 Presentation of the adhoc General Fund CIP Fee Advisory Committee recommendations City Council Minutes January 18, 2022 City of Colleyville Page 2 Finance Director Kyle Lester presented the history and current model used to fund the Capital Improvement Fund. He noted the adhoc General Fund CIP Fee Advisory Committee was charged with investigating the need for a potential cash-funding mechanism for future general capital projects, which primarily consist of transportation-related improvements. Director Lester stated the committee reviewed the funding sources and projects intended to be funded by a fee. He noted the current five-year CIP average annual spend is under an average of $5 million which a staff estimated typical average annual spend to be in the $4 million range. Director Lester stated staff created a model as the focal point of the committee’s discussions, which takes into account all known revenues, including the annual $1.5 million transfer from the General Fund, interfund transfers from the TIF, potential grant funding, and any year-end surpluses. All known expenses from the adopted CIP were input, as was the estimated potential spending through 2033. From there, it was simply a matter of applying the model to determine the fee amount needed. Director Lester stated all of the modeling tended to top out at $11/month, which would probably not be implemented currently, but would be in the future. Director Lester noted the Committee Chair, June Shrewsbury is present and will be explaining the committee’s recommendations for minimum and maximum fund balances, connecting the model/fee to the CIP to avoid debt; and considering when to enact the fee. Ms. Shrewsbury thanked the Council for this opportunity and noted she was a 17 year resident of Colleyville, and this was a great committee to work with. Ms. Shrewsbury stated Director Lester provided a very good overview and added the committee discussed how the fee should be applied; algorithm or flat fee, when a gap will occur, and a required minimum CIP fund balance. She stated the committee feels a flat fee for everyone is appropriate, the CIP required minimum balance should be $3 million. Ms. Shrewsbury stated the committee formally recommends enacting a $2 per month CIP fee to begin in FY2023. By enacting the fee now, there should be no future need for debt funding, everything could remain cash funded, and should eliminate a need for the higher $11 fee. Ms. Shrewsbury also stated this fee should be reviewed annually, adjusted accordingly, and approved as part of the budget process. Ms. Shrewsbury also stated the committee wishes to help educate citizens regarding this fee and continue the City Council’s transparency efforts. Mayor Newton thanked Ms. Shrewsbury and the committee and noted this is important work and was well done. Mayor Newton stated requiring the fee to be evaluated with the annual 5-year capital improvement plan update and the annual budget approval process forces long term planning and provides transparency. The fee will always be based on the contents of the 5-year capital improvement plan, and if citizens think the fee is too City Council Minutes January 18, 2022 City of Colleyville Page 3 much in the future, they should critically review the priorities and content of the 5- year capital plan. This provides appropriate checks and balances. WS-3 Discussion of the January 18, 2022, City Council regular agenda items There was no further discussion and Mayor Newton adjourned the Worksession at 6:35 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: Glade Road eminent domain case for Parcel 150 Section 551.071 - Legal - Consultation with attorney regarding legal issues related to the CWD Solid Waste Contract Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along SH26 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was no action taken and Mayor Newton adjourned Executive Session at 7:25 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:34 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. INVOCATION: Pastor Katie Newkirk, First United Methodist PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Minutes January 18, 2022 City of Colleyville Page 4 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4689 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 began by providing a statement regarding the terroristic hostage event at Congregation Beth Israel on January 15, 2022. Mayor Newton called on Police Chief Michael Miller to provide an overview of the state and federal resources which were called in to assist, and finally thanked all the resources who provided assistance and/or are still helping our City. Mayor Newton and the City Council provided the following announcements: Fire Department Saves Another Life; Early CPR Crucial – According to the American Heart Association, approximately 9 out of 10 people who have cardiac arrest outside the hospital die. Early CPR can improve those odds if performed in the first few minutes of cardiac arrest, doubling or even tripling a person's chance of survival. Colleyville Fire Department's commitment to training has resulted in 18 lives being saved since 2018, with the latest save occurring this month. Colleyville Fire Department recently responded to a home in Colleyville for a male patient having a heart attack. The patient was treated with advanced emergency medical care and transported to a local hospital. Minutes after leaving the house, the patient went into cardiac arrest and stopped breathing. CPR was performed and the patient defibrillated but he remained in lethal heart rhythm. Fire Department crews remained with the patient 30 minutes at the hospital while life saving measures were performed. Early CPR and life saving measure efforts paid off and the patient is expected to make a good recovery. Early CPR intervention is key to saving lives. If you see someone in cardiac arrest, call 911 right away and start CPR. Your early intervention will make a difference. Recognition of the Colleyville Fire Department as recipient of the Baylor Scott and White Hospital EMS Super Star award - Fire Chief Mark Cantrell and Mayor Richard Newton Mayor Newton called on Fire Chief Mark Cantrell who explained each month, Baylor Scott & White Health System’s EMS program identifies a Superstar EMS City Council Minutes January 18, 2022 City of Colleyville Page 5 Agency to recognize for exemplary performance. This January, Colleyville Fire Department was selected for this honor. Colleyville Fire was selected based upon a very rare case which had a favorable outcome. Crews experienced a phenomenon called CPR Induced Consciousness. It is a fairly new occurrence among healthcare providers, likely due to recent improvements in pre-hospital emergency care of cardiac arrest patients. Fire department staff were able to take the knowledge gained from this event and develop a case study which will benefit both our personnel, and the healthcare industry as a whole. COVID-19 Update – Tarrant County Health Department officials continue to express concern about the rise in cases throughout our region. The current surge in positive cases is attributed to the more contagious – yet less severe – COVID-19 Omicron variant. Hospitalizations are on the rise with 27% of Tarrant County hospital beds occupied by COVID-19 patients. However, it is worth noting that deaths do not appear to be rising. Health Department officials have indicated their belief that the current virus spread will subside in early February. State of the City Scheduled for February 3rd – Mayor Newton will present the annual State of the City at the February lunch meeting of the Colleyville Chamber of Commerce. Later that same evening (6 PM) a Town Hall will be held at the Colleyville Center for a State of the City presentation to the public at large. The event will be recorded and provided via our website and social media. Sales Tax Continues on Tear, Up 20% in November – The Texas Comptroller’s Office has posted the latest sales tax receipts for January, representing all receipts from purchases made in November of this year. Continuing our strong upward trend, November’s collection came in at 20% over the previous year, making for a total dollar gain of almost $270,000 through the second month of this fiscal year. Colleyville Gift Card Program Update – The Gift Card Program ended 1/7. We have begun to see redemptions from our Colleyville businesses. To date, we have redeemed 12,127 - $35 cards (5,940 1st round, 6,187 2nd round) totaling $424,445 and 339 - $50 cards ($16,950). Iced Tea Franchise Looking at Former Sonic Site - Staff met with the owner of HTeaO about going into the old Sonic site at 4917 Colleyville Blvd. HTeaO is a to-go iced tea/coffee business based in West Texas. Main Street to Close For One Day (January 20) – As part of the Colleyville Gateway Tower project, utility relocation will commence at the intersections of Main Street/Thompson Terrace and Main Street/Colleyville Boulevard on Thursday, January 20 beginning at 6:00 AM. During this effort SH26 traffic will remain unimpeded. Detour routes will be provided for Main Street and Thompson Terrace. City Council Minutes January 18, 2022 City of Colleyville Page 6 Retail Center Permitted – A permit has been submitted for a new retail center at 7181 Colleyville Blvd. The 11,000 sq. ft. building will be located at the corner of SH26 and Longwood. Construction is scheduled to begin this spring. Recognition of the Featured Business of the Month - Kimberly Bags Owner Kimberly Holt could not be present, but will receive the plaque. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22- 4690 4a Approval of the minutes of the regular City Council meeting of January 4, 2022 4b Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of various streets as identified in the agreement and authorizing the City Manager to execute the agreement 4c Approval of rejecting all bids for the Waste Water Project 5 - Quails Path Sanitary Sewer Line Replacement project Mayor Newton read Resolution R-22-4690 in its entirety. Public Works Director Ray Silva-Reyes presented items 4b and 4c. Regarding item 4b, Councilmember Dodson noted the roads will be improved with overlay instead of chip seal, which will provide for a longer life cycle of the roads. There was no discussion of 4c. Mayor Newton opened and closed the public hearing at 8:29 p.m. as there were no speakers. Councilmember Rigney made a motion to approve Resolution R-22-4690 seconded by Councilmember Dodson. 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 January 18, 2022 City of Colleyville Page 7 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - December 2021 Finance Director Kyle Lester presented a year-end recap of fiscal year 2021 ending September of 2021, and presented the December financial report, which is the third month in the current 2022 fiscal year or 25% of the fiscal year. He noted the expenses for December were under budget by approximately $180,000. Director Lester went on to review each of the funds for FY22. General Fund - has collected $8.9 million in revenue and spent 29%, or $7.8 million, of budgeted expenditures. Sales tax revenue - Colleyville received its second collection of the fiscal year, and it brought in another 20% over November of last year. Together with last month, this puts total YTD growth to 19.9% over FY21, and makes for a total dollar gain of almost $270,000. Utility Fund - has collected 25% of its budgeted revenue and spent 16% of budgeted expenditures, yielding a much stronger surplus than this time in the previous year. As the summary indicates, the City's direct revenues have come in a little lower than its expenses, although this is more than offset by the YTD Trinity River Authority savings. Isolating the Trinity River Authority revenues and costs, it is evident the City has only been billed for debt service costs in the first two months of our current fiscal year, having already met their revenue requirement. December marks the first month of the TRA's new fiscal year, and the City will be fully billed for water usage through September. Drainage Fund - has received 25% of its budgeted revenue and spent 21% of expenditures. This fund's cash flow is stronger than the previous year, with a surplus of $110,000, led by lower spending in almost every expense category. 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 remained with a strong balance to fund costs. The FY21 ending fund balance came to $245,000, and will be spent down until January of this fiscal year, when the first tax payment comes in. Debt Service Fund - being predominately funded through property taxes, the Debt Service fund has yet to receive a substantial portion 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 November's figures, the fund is running a surplus of about $130,000 now that property taxes have begun to hit. It should be noted updated property tax forms necessitate a planned spend down City Council Minutes January 18, 2022 City of Colleyville Page 8 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. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-22-2187 Consideration of a Special Use Permit for a residential carport on Lot 31, Block 1, Wescoat Place Addition, located at 5916 LD Lockett Road, Case ZC21-029 Mayor Newton read the caption of Ordinance O-22-2187. Community Development Director Ben Bryner presented this item for an SUP to allow for a new carport. Director Bryner noted the original request was for the carport to encroach three feet into the required side yard setback to be two feet from the property line. Since the last meeting, the applicant has provided plans which provide for a smaller carport and meets all standards, including compliance with the five-foot setback from the side property line. Director Bryner stated staff had recommended denial of the previous request based on technical non- compliance, however, the recommendation is now approval, as was the recommendation of the Planning and Zoning Commission if the five-foot setback was achieved. Mayor Newton and Councilmember Dodson asked staff if the ordinance had been modified and all information is true and correct. Director Bryner stated yes. Mayor Newton opened the public hearing at 8:49 p.m. Kathy Hadley, 204 Timberline Drive N, spoke in favor of this item. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:50 p.m. Councilmember Nakamura made a motion to approve Ordinance O-22- 2187, seconded by Councilmember Wheat. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6b Ordinance O-22-2188 Consideration of a zoning change from AG Agricultural to R-40 Single Family Residential zoning district for Lot 1, Block 1, Howard Place Addition, located at 6113 Bransford Road, Case ZC21-031 City Council Minutes January 18, 2022 City of Colleyville Page 9 Mayor Newton read the caption of Ordinance O-22-2188. Community Development Director Ben Bryner presented this item requesting to rezone from the AG Agricultural district to the R-40 Single Family Residential district to allow for construction of an additional garage and living space attached to the existing home. Director Bryner noted at the January 4, 2022 meeting, the applicants were asked to consider RE zoning. Should the zoning for RE be approved, the only deficiency with lot width by 25 feet. Director Bryner stated the applicant is agreeable to the RE and noted both an R-40 and an RE zoning ordinance was included in the packet for the Council’s review. Mayor Pro Tem Lindamood stated he was okay with either zoning. Mayor Newton opened the public hearing at 8:55 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in favor of RE zoning, but opposed to R-40. Sayeda Syed, Planning and Zoning Commission, Place 3, 6705 Sapphire Circle North, stated the Planning and Zoning Commission recommended R-40 and did not recommend the RE because of the allowance of animals. Councilmember Dodson stated he believes this is clearly an RE zoning. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:59 p.m. Mayor Pro Tem Lindamood made a motion to approve Ordinance O-22- 2188, approving RE zoning, seconded by Councilmember Dodson. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6c Ordinance O-22-2189 Consideration of a zoning change from AG Agricultural to R-40 Single Family Residential zoning district for Tract 1, Abstract 798, Joseph H. Harrell Survey, located at 715 Murphy Road, Case ZC21-034 Mayor Newton read the caption of Ordinance O-22-2189. Community Development Director Ben Bryner presented this item requesting to rezone from the AG Agricultural district to the R-40 Single Family Residential City Council Minutes January 18, 2022 City of Colleyville Page 10 district to allow for construction of a new single-family residential home. Director Bryner noted Councilmember Dodson had asked for the contour exhibit, which was provided. He noted the City’s Engineer must review and sign off on the plans, before the property is platted. At this time, Mayor Pro Tem Bobby Lindamood recused himself from any discussion as he learned earlier in the day of January 18, 2022, his company won the bid for the demolition on this property. There was brief discussion with staff between Councilmembers Wheat and Rigney, regarding the RE requirements. Councilmember Wheat stated the RE zoning cannot be met and Director Bryner stated this property is not platted. Mayor Newton opened the public hearing at 9:06 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition of the request. Mayor Newton closed the public hearing at 9:07 p.m. as there were no others wishing to speak. Councilmember Wheat made a motion to approve Ordinance O-22-2189, seconded by Councilmember Kelley. The motion to approve carried by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Recused: Mayor Pro Tem Lindamood 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-22-4691 Request for a Variance to the Street Side Yard Setback on Lot 10R, Block 12, Highland Meadows Addition, located at 6003 Sunderland Drive, Case VC21-005 Mayor Newton read Resolution R-22-4691 in its entirety. Community Development Director Ben Bryner presented this request for a variance to the provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, for the street side yard setback in the R-20 Single Family Residential district. He stated the request is to allow for the addition of a garage with a game room within the street side yard setback. Director Bryner explained the property is zoned R-20 and the required street side yard setback is 30 feet, however, the Land Development Code was changed in 2019 to provide for City Council Minutes January 18, 2022 City of Colleyville Page 11 the 30 feet, which was previously 15 feet. Under the updated regulations the garage addition would encroach 15 feet and be in-line with the existing house on this side. Should the waiver request be denied, the applicant would only be allowed to make improvements to the inside of the house up to 50% of the value of the structure. No expansion to the house would be permitted unless it complies with the 30-foot setback distance. Mayor Newton asked staff if it is the side yard setback which is being discussed, and if so, does the 15 feet match the existing homes. Director Bryner replied yes. Councilmember Dodson asked staff to review the lot coverage. Director Bryner provided the information and it was noted all parameters (lot coverage, and impervious area) has been met. Councilmember Wheat stated she believes it would be onerous to the homeowner to not allow this waiver. Councilmembers Nakamura and Dodson also stated their agreement with the waiver. Applicants Duane and Brooke Smart, answered questions or the Council regarding HOA requirements, driveway location, and the roofline. Mayor Newton opened the public hearing at 9:26 p.m. Donald Queler, 6002 Pembrooke, spoke in favor of this item and noted the width of the street is wide and he likes the consistency of the neighborhood the waiver would provide. Mayor Newton closed the public hearing at 9:30 p.m. as there were no others wishing to speak. Councilmember Rigney made a motion to approve Resolution R-22-4691 seconded by Councilmember Wheat. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7b Resolution R-22-4692 Approval of a resolution calling a General Election for the purpose of electing a Mayor and City Councilmembers to Place 1 and Place 2 and authorizing a joint election agreement and contract for election services with Tarrant County Elections Administration City Council Minutes January 18, 2022 City of Colleyville Page 12 Mayor Newton read Resolution R-22-4692 in its entirety. City Secretary Christine Loven stated the resolution calls a General Election for May 7, 2022, provides for the second floor of the Library to be used for early voting and Election Day voting, provides for the Mayor to negotiate and execute an agreement with Tarrant County Elections Administration for a joint election which provides cost sharing, use of equipment, and conduct of the election with other Tarrant County cities and school districts. She also noted the Agreement clauses to be addressed by the Mayor to include access to Early Voting Results and Absentee Balloting. Mayor Newton noted Tarrant County Elections Administrator Heider Garcia has met with the City Council to discuss the process and the contract terminology and clauses. Mayor Newton stated the City, for its convenience contracts with Tarrant County, however, the City could conduct its own elections if it so desired. He stated voting fraud does occur and reiterated the need to be vigilant to protect against voting fraud, especially in absentee balloting. Mayor Newton stated he will require specific language to be included in the contract with Tarrant County and this resolution provides for him to negotiate the contract. Mayor Newton opened the public hearing at 9:37 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in favor of the request and encouraged all to vote. Mayor Newton closed the public hearing at 9:37 p.m. as there were no others wishing to speak. Councilmember Dodson made a motion to approve Resolution R-22-4692 seconded by Councilmember Nakamura. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 8. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive N, spoke regarding coyotes in the area and warned pet owners to be vigilant and noted potholes are forming on Timberline Drive N. Ms. Hadley thanked everyone, Colleyville Police, City Council, and staff for handling the hostage crisis with class and stated God is blessing Colleyville and she prays for us always. City Council Minutes January 18, 2022 City of Colleyville Page 13 9. REPORTS Planning and Zoning Commission Minutes - December 13, 2021 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JANUARY 18, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22-4693 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 9:43 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 1ST DAY OF FEBRUARY 2022. Minutes taken and prepared by: Christine Loven, TRMC City Secretary