HomeMy WebLinkAboutCity Council-Agenda Packets-8/16/2022
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, August 16, 2022
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Discussion of a resolution encouraging the Texas Legislature to take action
to ensure ERCOT Power Grid provides reliable generation capabilities
WS-2 Discussion of the Communicator Newsletter
WS-3 Discussion of the Central Fire Station Signage
WS-4 Discussion of funding agency agreements and in-kind civic organizations
WS-5 Discussion of the August 16, 2022, City Council regular agenda items
1. EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised by
items on the agenda
Section 551.071 - Legal - Consultation with attorney regarding legal issues
related to the potential future development of the Northern Gateway Property
located at the southwest corner of the SH26 and John McCain Road
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities, including: Acquisition of real property
along SH26
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business
prospects the City seeks to have locate, stay, or expand in the City and with
which the City is conducting economic development negotiations; deliberate
the offer of a financial or other incentive to a business prospect
REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
City Council Agenda August 16, 2022
City of Colleyville Page 2
INVOCATION: Kyle Bauman, Bear Valley Church
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4757
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4758
4a Approval of the minutes of the regular City Council meeting of August
2, 2022
4b Approval of a Professional Services Agreement with Teague Nall &
Perkins, Inc., in an amount not to exceed $121,179 for right-of-way
services and design of the waterline relocation along Jackson Road
related to the bridge replacement project, and authorizing the City
Manager to execute the agreement
5. ITEMS NOT FOR CITY COUNCIL ACTION
5a Monthly Financial Report - July 2022
6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
6a Ordinance O-22-2212
Consideration of a Special Use Permit for a fence to be located beyond
the front facade of the primary dwelling on Lot 2, Block A, Park View
Estate, located at 717 Field Street, Case ZC22-025
6b Ordinance O-22-2213
Consideration of amendments to Chapter 3 of the Land Development
Code to not require a variance for non-conforming lots of record where
the deviation is not more than fifteen percent (15%) of a dimensional
regulation, specifically amending Section 3.7B Non-conforming Lots of
Record, Case GC22-008
City Council Agenda August 16, 2022
City of Colleyville Page 3
7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
7a Ordinance O-22-2214
Approval of a negotiated settlement between the Atmos Cities Steering
Committee and Atmos Energy Corp., Mid-Tex Division regarding the
company's 2022 Rate Review Mechanism filing and adopting tariffs
reflecting rate adjustments consistent with the negotiated settlement
8. TABLED ORDINANCE(S): SECOND READING AND PUBLIC HEARING
8a Ordinance O-22-2207
Consideration of a zoning change from R-40 Single Family Residential
to R-30 Single Family Residential zoning district for Lots 2 and 3, Block
3, Stafford Heights Subdivision, located at 4801 and 4809 Manning
Drive, Case ZC22-023
9. RESOLUTION(S): READING AND PUBLIC HEARING
9a Resolution R-22-4759
Consideration of a variance to the provisions of Section 3.24.G,
Schedule of District Regulations of the Land Development Code,
specifically for lot area in the RD Two Family Residential district, for Lot
1, Block 4, Fox Meadows Addition, located at 3307 Huntington Drive,
Case VC22-007
10. CITIZEN COMMENTS
11. REPORTS
Library Board Minutes - June 13, 2022
Planning and Zoning Commission Minutes - July 11, 2022
Planning and Zoning Commission Minutes - July 25, 2022
12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
AUGUST 16, 2022 - READING AND PUBLIC HEARING - RESOLUTION
R-22-4760
13. ADJOURNMENT
City Council Agenda August 16, 2022
City of Colleyville Page 4
I hereby certify this agenda was posted on City Hall bulletin boards Friday, August
12, 2022 by 5:00 p.m.
Christine Loven, TRMC
City Secretary
A quorum of any Colleyville board, commission, or committee may be present at
this meeting.
Any matter on this agenda may, at the discretion of the governing body, be opened
for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-1 Agenda Date 8/16/2022
Type Worksession
Department City Secretary
Title
Discussion of a resolution encouraging the Texas Legislature to take action to ensure
ERCOT Power Grid provides reliable generation capabilities
Explanation
Councilmember George Dodson has drafted a resolution for discussion regarding the
ERCOT Power Grid and the City of Colleyville, encouraging the Texas Governor, the
Texas Lieutenant Governor, and both houses of the Texas Legislature to take action to
ensure additional reliable natural gas, coal, or nuclear generation is available to meet
all future electric needs of the state.
Attachments
1. Reliable Electricity Presentation
2. Draft Resolution - ERCOT
WE NEED RELIABLE POWER
FOR TEXAS
WHY DO WE HAVE UNRELIABLE POWER NOW?
•Government policies like “intermittent clean energy” tax credits result in more
unreliable power generation
•Wind and solar have been allowed to be installed without any backups when their
power stops or degrades
•The Texas Legislature has allowed ERCOT to operate without proper controls for reliable
power
•Natural Gas, Nuclear, and Coal generation are considerably more reliable
•Before winter storm URI, the rules for ERCOT allowed electric prices to rise to $9,000
per MWh during scarcity events, regardless of duration (the limit is now $5,000)
•Standby natural gas generation only comes online in near emergency situations
when prices are highest
•Federal agencies like EPA, limit the ability to expand natural gas generation
•Wind and solar lobbying in Austin are keeping the pressure on to add more “clean
energy”
•Battery technology is not a simple solution for the required capability in a sustained
high demand period beyond four or more hours
•Wind generation is the most unpredictable
Also:
•Texas is the only “energy only” market state; we do not have a payment for
reserve capacity to generators
DAILY ERCOT POWER DEMAND AND SUPPLY,
NOTE THE RANGE OF QUICK START POWER
IS VARIABLE AND VERY EXPENSIVE
NOTE THE WIND POWER DROPS AS MUCH AS 94% AS THE
TEMPERATURE INCREASES IN THESE CASES, JUST WHEN
PEAK POWER IS REQUIRED
Note the right panel shows ERCOT has added the two sources to maximize the contributions, the installed
wind is 35MWh
SUMMER ELECTRIC PRICES JUMP AT PEAK
USAGE BECAUSE GAS MUST MAKE UP FOR
SIGNIFICANT WIND DROP
Note that in three weeks the cost of power at peak periods has jumped over 45 times, due to not
having reliable power, and the wholesale price in the latest graph is now 1,000 times above non
peak prices
NOTE THIS IS TOTAL ENERGY BY MONTH, BUT
IN PEAK PERIODS IN SUMMER, WIND DROPS
AND GAS MUST MAKE UP THE DIFFERENCE
TO PROVIDE MORE THAN 50% OF POWER
In the July examples gas, coal and nuclear
have to make up for the loss of 94% of wind
generation
THIS SHOWS SIGNIFICANT GROWTH IN
SOLAR, BUT NO GROWTH IN RELIABLE
ENERGY SOURCES
WHAT IS THE IMPACT OF UNRELIABLE POWER?
•Every aspect of daily life depends on electricity
•Power outages put untold damage and potential deaths on the population
•ERCOT claims they have adequate power, but they have already issued multiple requests
to save power
•Note the significant power cost when surplus generation is required (from $.03 to $5 per
KWh)
•New ERCOT lifetime power usage was reached in early June and new records are being
set daiy
•As was shown in the 2021 winter storm URI, power outages are disastrous
•Retail users are seeing 50% or more increase in contract prices due to the winter storm
and unreliable power
•Additional power comes at a cost, so there must be appropriate balance in any new
requirements
•EROCOT does not have a centralized generation planning function and relies on market
incentives for future generation development
What we have is a reliable power situation in the past which has been polluted
with unreliable Wind and Solar generation pushed by the Federal Government
subsidies!
WHAT CAN COLLEYVILLE CITY COUNCIL DO?
•Approve a resolution to the Texas Legislature requiring non-controllable (wind
and solar) generation companies to provide excess capacity
•Work with other local cities and county to support a resolution dealing with
reliable power
•Work with our legislators to put priority on requiring reliable power generation,
by requiring all new “clean energy” to build reliable power at the same level as
their peak power
•Publicize the situation to our citizens
•Work with US Congress to stop EPA from impeding gas, coal, and nuclear
operation during urgent timeframes and also to stop the EPA from impeding
gas, coal, and nuclear generator builds and expansions
RESOLUTION R-22-47XX
APPROVING THE REQUEST FOR THE TEXAS LEGISLATURE TO TAKE
ACTIONS TO HELP ENSURE THE ERCOT POWER GRID PROVIDE FOR
RELIABLE GENERATION CAPABILITIES, NO MATTER THE WEATHER
OR OTHER SITUATIONS
WHEREAS, the Colleyville City Council finds it in the best interest of the
City and its citizens to request the Texas Legislature to require
the ERCOT Power Grid provide reliable power generation even
during periods of low wind or solar generation; and
WHEREAS,there have been numerous situations, including the Winter
storm of February 14, 2021 through February 16, 2021, where
the ERCOT power grid failed millions of Texas residents and
many residents were killed by the lack of power; and
WHEREAS, on July 11, 2021, during the ERCOT peak power usage, wind
generation dipped to nearly one-third of its normal 31,000
megawatts installed capacity and extra expensive alternative
power generation were required; and
WHEREAS, ERCOT claims they will have adequate power to provide for the
summer of 2022 peak periods, but the peak ERCOT power
demand set an all-time high of over 75,000 megawatts on June
12, 2022, even though 6,100 megawatts of solar power of the
approximately 20,000 megawatts installed was unavailable;
and
WHEREAS, ERCOT charges excessive amounts when the standard
generation cannot meet the electric power demand, largely as
the result of lower production of solar and wind generation;
and
WHEREAS, the Texas population is growing at all-time high rates, in
addition to more large businesses moving to Texas, the ERCOT
electric power grid is no longer adding natural gas, coal, or
nuclear generation – only unreliable solar and wind generation
is being added; and
WHEREAS,solar and wind corporations are continuing to lobby for
additional power generation, while neither of these sources
provide reliable power; and
Resolution R-22-47XX
Page 2 of 2
WHEREAS, the Texas Legislature has the responsibility to provide laws
which protect citizens, it is essential they take significant action
to ensure additional reliable natural gas, coal, or nuclear
generation is available to meet all future electric needs of the
state.
NOW THEREFORE, BE IN RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec 1. THAT the City Council authorizes the City Manager to notify
the Texas Governor, the Texas Lieutenant Governor, and both
houses of the Texas Legislature the City Council has passed
this resolution.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 16TH DAY OF
AUGUST 2022.
Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye
Callie Rigney, Place 6 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-2 Agenda Date 8/16/2022
Type Worksession
Department City Manager
Title
Discussion of the Communicator Newsletter
Explanation
This agenda item provides an opportunity to discuss The Communicator newsletter and
any desired changes.
Attachments
1. Communicator Presentation
The Communicator Newsletter
City Council Worksession
August 16, 2022
The Communicator - Current
Frequency:
Monthly
Format:
Hard copy included with utility bills
(arrives in the two billing cycles)
Lead Time:
Content required at least 45 days
in advance
The Communicator – To Consider
A few new ideas to keep content
fresh, exciting, and helpful:
•2x per year substitute the traditional
newsletter with another timely
information piece that stands out
•Fall/Winter Events Calendar
•Spring/Summer Events Calendar
•A few times per year, provide space to
GCISD in the newsletter to share
information and updates with the
community
Questions / Discussion
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-3 Agenda Date 8/16/2022
Type Worksession
Department City Manager
Title
Discussion of the Central Fire Station Signage
Explanation
On June 21, 2022, City Council approved naming the Central Fire Station the Richard
Newton Central Fire Station and adding the language to the current signage to reflect
the change. Staff worked with Mesa, the design consultant responsible for the existing
Central Fire Station sign design, on the attached proposed design to incorporate the
new text. This design incorporates feedback received from the City Council at the July
19, 2022 Worksession.
Attachments
1. Central Fire Station Signage
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-4 Agenda Date 8/16/2022
Type Worksession
Department Finance
Title
Discussion of funding agency agreements and in-kind civic organizations
Explanation
This item is for Council's discussion regarding financial and in-kind donations to area
non-profits for Fiscal Year 2023.
Attachments
1. Agency Agreements and In-Kind Presentation
Agency Agreements
Agency 2018
Approved
2019
Approved
2020
Approved
2021
Approved
2022
Approved
2023
Proposed
Alliance for Children $3,500 $3,500 $3,500 $3,500 $3,500 $3,500
GRACE $7,500 $10,000 $15,000 $25,000 $25,000 $10,000
Metroport Meals on Wheels $12,000 $10,000 $12,000 $12,000 $12,000 $12,000
Mercy House $3,500
Safe Haven $1,000 $1,500 $1,500 $1,000 $1,000 $1,000
Special Needs Assistance Partners $500 $500 $500 $1,000 $1,000 $1,000
Total Cash Donations $24,500 $25,500 $32,500 $42,500 $42,500 $31,000
In-Kind Donations
2018
Approved
2019
Approved
2020
Approved
2021
Approved
2022
Approved
2023
Proposed
Lion’s Club $7,500
Rotary $2,500
CEO $1,500
Garden Club $1,500
Women’s Club $1,500
Total In-Kind Donations $14,500
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number WS-5 Agenda Date 8/16/2022
Type Worksession
Department City Secretary
Title
Discussion of the August 16, 2022, City Council regular agenda items
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 1 Agenda Date 8/16/2022
Type Executive Session
Department City Secretary
Title
Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on
the agenda
Section 551.071 - Legal - Consultation with attorney regarding legal issues related to
the potential future development of the Northern Gateway Property located at the
southwest corner of the SH26 and John McCain Road
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of
real property for City facilities, including: Acquisition of real property along SH26
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business prospects the
City seeks to have locate, stay, or expand in the City and with which the City is
conducting economic development negotiations; deliberate the offer of a financial or
other incentive to a business prospect
RESOLUTION R-22-4757
A RESOLUTION APPROVING COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF AUGUST 16, 2022
WHEREAS, following discussion in Executive Session, and in full
accordance with the requirements of the Open Meetings Act,
the City Council determines that the following action is in the
best interests of the health, safety and welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 16TH DAY OF
AUGUST 2022.
Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye
Callie Rigney, Place 6 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
RESOLUTION R-22-4758
APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT
THE REGULAR CITY COUNCIL MEETING OF AUGUST 16, 2022
WHEREAS, City Council has taken action on certain items on the agenda
under Consent Items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the agenda decisions approved by City Council action
under Consent Items as follows are hereby adopted:
a. Approval of the minutes of the regular City Council meeting
of August 2, 2022
b. Approval of a Professional Services Agreement with Teague
Nall & Perkins, Inc., in an amount not to exceed $121,179 for
right-of-way services and design of the waterline relocation
along Jackson Road related to the bridge replacement
project, and authorizing the City Manager to execute the
agreement
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 16TH DAY OF
AUGUST 2022.
Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye
Callie Rigney, Place 6 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Minutes - Draft
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, August 2, 2022
Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on
Tuesday, August 2, 2022, at 5:30 p.m.
ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and
Councilmembers Brandi Elder, George Bond, George Dodson, Chuck Kelley, and
Callie Rigney via Webex.
ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Adrienne
Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Parks and Recreation
Director Lisa Escobedo, Community Development Director Ben Bryner, City
Engineer/Interim Public Works Director Larry Wright, City Attorney Whitt Wyatt,
and City Secretary Christine Loven.
WS-1 Presentation of the 2022 certified tax roll
Finance Director Kyle Lester presented the 2022 certified tax roll to be levied on
October 1, 2022 (Fiscal Year 2023), which calculates the City’s net taxable value
at $6,664,106,273. The total excludes the value of properties currently under
appeal to the Appraisal Review Board, incomplete appraisals, and in process
accounts, totaling $249,462,515. Director Lester explained the figures include new
construction values of $63,134,294, which represents a total increase of 9.8%
over the July 2021 valuation. The incremental value for properties located in the
TIF district is $459,085,629 (TIF Zone #1 adopted in 1998 - $441,002,903 and
TIF Zone #1A adopted in 2012 - $18,082,726).
Director Lester stated there is a resolution on tonight’s agenda to set the ad
valorem tax rate for Fiscal Year 2023 at $0.2656198 per hundred dollars of
valuation, which is the no-new-revenue tax rate.
WS-2 Presentation of the proposed FY23 budget
Finance Director Kyle Lester presented this item noting the budget is the
culmination of months of work by staff and City Council, and provided an overview
of the accomplishments of previous budgets. Director Lester reviewed property
values, the proposed no-new-revenue tax rate, and proposed revenues and
expenditures by fund. Director Lester stated the proposed FY23 budget maximizes
use of sale tax funds, continues annual compensation increases, and reflects flat
health insurance rates.
City Council Minutes - DRAFT August 2, 2022
City of Colleyville Page 2
He then reviewed all funds, many of the proposed 2023 projects, and concluded
by reviewing the calendar dates the budget and tax adoption ordinances will come
before the City Council.
There was discussion regarding the compensation study, increased costs generally,
and in-kind agreements with civic organizations.
WS-3 Discussion of the August 2, 2022, City Council regular agenda items
There was discussion of tabling Ordinance O-22-2211 to October 3, 2022, and to
conduct special meetings to receive comments from the developer and citizens.
Mayor Lindamood adjourned the Worksession at 6:26 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 legal issues
related to the potential future development of the Northern Gateway Property
located at the southwest corner of the SH26 and John McCain Road
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities, including: Acquisition of real property
along SH26
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information the City has received from business
prospects the City seeks to have locate, stay, or expand in the City and with
which the City is conducting economic development negotiations; deliberate
the offer of a financial or other incentive to a business prospect
There was no action taken and Mayor Lindamood adjourned Executive Session at
7:10 p.m.
Mayor Lindamood called the regular meeting of the City Council to order at 7:33
p.m. and called the roll.
ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and
Councilmembers Brandi Elder, George Bond, George Dodson, Chuck Kelley, and
Callie Rigney via Webex.
City Council Minutes - DRAFT August 2, 2022
City of Colleyville Page 3
INVOCATION: Martin Schmidt, Baha’i Community
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-22-4753
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 Lindamood thanked Mayor Pro Tem Wheat for presiding at the previous City
Council meeting while he was ill.
Mayor Lindamood expressed condolences to Mark Hefner, Keller City Manager, in
the passing of his wife.
Mayor Lindamood stated the Greystone Manor ordinance will be tabled and special
meetings will be conducted and noted every opinion is considered. He noted the
City extends the notification distance to 500 feet from the required 200 feet. He
also addressed misinformation, which was being distributed regarding a road
through the subdivision and the developer circumventing City Council.
Mayor Lindamood and the City Council made the following announcements.
In-Kind Support of Local Nonprofits – Earlier this evening I introduced the
granting of an in-kind contribution to various local volunteer organizations. This in-
kind contribution would allow them to use the Colleyville Center at no cost as a
small token of our City’s appreciation for all that they do. These organizations
include the Colleyville Lions Club, Rotary Club, Colleyville Executive Organization,
and the Colleyville Garden Club.
Greystone Manor Special Worksession – The City has received questions on
the next steps for the Greystone Manor development proposed off Westcoat. Staff
is in the process of scheduling an additional worksession that will likely take place
later this month. At the worksession, there will be an opportunity to hear from the
developer on updates to his proposal and from the community. The City will let
everyone know when the date has been finalized.
Thank You Summer Reading Sponsors! Many, many thanks to our local
Colleyville businesses as well as those in our surrounding cities, for the generous
prize donations for the 2022 Summer Reading Program, “Read Y’All”, sponsored by
City Council Minutes - DRAFT August 2, 2022
City of Colleyville Page 4
the Colleyville Public Library. Local businesses have been most gracious this year
and the Library is so very thankful for their sponsorship in the Summer Reading
Program. Our prizes included many restaurants and businesses who graciously
donated either coupons or grand prize items for the annual reading event. The
Summer Reading Program would not be as successful if it were not for the support
of our community and community businesses.
Public Safety Training at Southern Gateway – The metal buildings on the
southeast corner of Acuff and SH26 will be torn down in September to prepare the
site for redevelopment. In advance of that demolition, the police and fire
departments will conduct training onsite. This is a great opportunity for field
training.
Thank you Public Works! – A big thank you to our public works operations team
for their work late last Thursday. The contractor on the Glade and Bluebonnet
Project hit a water main and our team worked tirelessly to get the water shut off
as quickly as possible and get repairs made. Thank you for your patience as the
City works with the contractor to get the area cleaned up.
Welcome Patrick Stotts! - Patrick is the City’s new ISM Manager and started last
week. He is already hard at work getting up to speed on the City’s numerous
technology projects. He came to us from UT Arlington and has great experience
with a variety of technology platforms and customer service. We are so glad to
welcome him to our team.
Thank you for using your $35 gift cards! – The Gift Card program ended
Sunday and we are thrilled to be able to support Colleyville businesses. Over the
next few weeks, we will receive the last of the cards from businesses turning them
in for redemption.
Property Values Strong! - As presented earlier this evening in the worksession,
property values in Colleyville show that choosing to live here is a great
investment! This Council continues to be committed to conservative financial
management, and is proposing the No New Revenue Tax Rate for the 5th year in a
row. That means when property values go up, we lower the tax rate to take in the
same amount of revenue as the current year, other than revenue from any new
construction.
4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22-4754
4a Approval of the minutes of the regular City Council meeting of July 19,
2022
4b Approval of a Contractor Agreement with Water and Play Expressions,
Inc., for the installation of the playground equipment at Overland Park,
City Council Minutes - DRAFT August 2, 2022
City of Colleyville Page 5
in an amount not to exceed $172,381.95, and authorizing the City
Manager to execute the agreement
Mayor Lindamood read Resolution R-22-4754 in its entirety.
Parks and Recreation Director Lisa Escobedo presented item 4b noting the Parks
and Recreation Advisory Board recommended this project in 2021, and the City
Council approved funding for the playground in the 2022 Capital Improvements
Projects.
There was discussion regarding landscaping and the location of the playground.
Mayor Lindamood opened and closed the public hearing without anyone wishing to
speak.
Mayor Pro Tem Wheat made a motion to approve Resolution R-22-4754,
seconded by Councilmember Kelley.
The motion to approve passed by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-22-2209
Approval of the Fiscal Year 2023 Colleyville Crime Control and
Prevention District budget
Mayor Lindamood read the caption of Ordinance O-22-2209.
Police Chief Michael Miller reviewed the requests in the FY2023 budget, noting the
budget was brought before the City Council during a Colleyville Crime Control and
Prevention District Board Worksession, the Board Meeting, and the previous City
Council meeting, conducted earlier in June and July.
There was no discussion on this item.
Mayor Lindamood opened the public hearing.
Kathy Hadley, 204 Timberline Drive North, spoke of her appreciation for Chief
Miller and the Police Department, but expressed concern with the cost of School
Resource Officers, and suggested training teachers to defend students and
enlisting fathers and veterans to provide the security.
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City of Colleyville Page 6
There were no others wishing to speak and Mayor Lindamood closed the public
hearing.
Councilmember Kelley made a motion to approve Ordinance O-22-2209,
seconded by Councilmember Dodson.
The motion to approve passed by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
5b Ordinance O-22-2210
Approval of the Roadway, Water, and Wastewater Land Use
Assumptions, Capital Improvement Plans, and Impact Fees in
accordance with Chapter 395 of the Texas Local Government Code
Mayor Lindamood read the caption of Ordinance O-22-2210.
City Engineer/Interim Public Works Director Larry Wright presented this item,
giving a review of the recommendations of the Capital Improvements Advisory
Committee (CIAC) to recommend the maximum for both roadway service areas
and 50% for water and wastewater. Engineer/Director Wright reviewed the history
of the item coming before Council in October 2021 and June 2022 and gave a brief
overview of the data presented and the impact fee calculation.
Councilmember Dodson stated the consultant did not review all the data correctly
the first time and had to go back and look at every parcel before bringing the item
back to City Council and he would recommend assessing a 75% fee on
wastewater. Councilmember Dodson said he feels the CIAC was not provided the
correct information, based on their recommendation.
Mayor Lindamood reiterated this fee is assessed on new development, not current.
There was discussion regarding increasing the wastewater fee and the amount of
revenue which would be generated.
Mayor Lindamood opened and closed the public hearing without anyone wishing to
speak.
Councilmember Elder made a motion to approve Ordinance O-22-2210,
seconded by Mayor Pro Tem Wheat.
Councilmember Dodson asked for the motion to be amended to provide
for the wastewater impact fee to be 75%.
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City of Colleyville Page 7
The amendment was denied by Councilmember Elder and Mayor Pro Tem
Wheat.
The motion to approve passed by the following vote:
Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Kelley, and Rigney.
Nay: 1 – Councilmember Dodson
5c Ordinance O-22-2211
Consideration of a zoning change from AG Agricultural and RE Single
Family 'Estate' Residential to PUD-R Planned Unit Development-
Residential zoning district for Tract 1B, Abstract 1487, O C Sturm
Survey, Tracts 2A01, 2A01B, 2A07A, and 2A07A1, Abstract 1748, James
E. Weathers Survey, Lots 1 and 1A, Block 1, K Bar G Estates Addition,
Lot 1A, Block 1, Westcoat Estates, and Lots 1A2, 1B, and 1C, Block 1,
Hilley Addition, located at 6401, 6405, 6409, 6417, 6501, 6507, and
6605 Westcoat Drive, Case ZC22-020
Mayor Pro Tem Lindamood read the caption of Ordinance O-22-2211.
Councilmember Dodson made a motion to table Ordinance O-22-2211 to
October 3, 2022, seconded by Councilmember Bond.
The motion to table passed by the following vote:
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING
6a Ordinance O-22-2212
Consideration of a Special Use Permit for a fence to be located beyond
the front facade of the primary dwelling on Lot 2, Block A, Park View
Estate, located at 717 Field Street, Case ZC22-025
Councilmember Chuck Kelley recused himself from deliberation of this item, as his
home is located within the notification area.
Mayor Lindamood read the caption of Ordinance O-22-2212.
Community Development Director Ben Bryner presented this request for a Special
Use Permit for a five-foot iron fence with a gate over the driveway and an eight-
foot wooden fence, which would be located beyond the front façade. Director
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City of Colleyville Page 8
Bryner reviewed the existing wood and cattle fences, and the location of the
driveway entrance from Field Street.
There was discussion of the code and alternate material such as shrubs, which
could be used.
Applicants Brian and Ashley Kenner, 717 Field Street, explained the configuration
of the property and the current fencing. Mrs. Kenner stated the cattle gate would
be removed. Mr. Kenner discussed the distance from the curb to the requested
fence and reviewed the photographs in the presentation.
Mayor Lindamood opened the public hearing.
Kathy Hadley, 204 Timberline Drive North, stated there are oak trees where the
current fence is and encouraged City Council to drive the street and approve the
request.
Rick Warner, 5408 South Drive, stated he is the neighbor to Brian and Ashley
Kenner and there is a remnant of a wood fence still in place on the property. Mr.
Warner stated his sitting area looks directly at the front door of the Kenner home
and he would like to see City Council approve the SUP as presented and it
improves the property tremendously.
Mayor Lindamood asked the applicant what the current cattle fence is constructed
of and if the trees will be removed. Mr. Kenner stated the trees will stay and the
fence is pipe.
There were no others wishing to speak and Mayor Lindamood closed the public
hearing.
This was a first reading; no action was taken.
6b Ordinance O-22-2213
Consideration of amendments to Chapter 3 of the Land Development
Code to not require a variance for non-conforming lots of record where
the deviation is not more than fifteen percent (15%) of a dimensional
regulation, specifically amending Section 3.7B Non-conforming Lots of
Record, Case GC22-008
Mayor Lindamood read the caption of Ordinance O-22-2213.
Community Development Director Ben Bryner presented this item noting the City
recently has reviewed several cases where a non-conforming lot of record required
a variance to the lot area regulation for the zoning district prior to a building
permit being issued for improvements. He stated in most cases, the
neighborhoods where the lots exist had been platted in this configuration for
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City of Colleyville Page 9
decades. Approval of this amendment to the Land Development Code would
exempt a non-conforming lot of record from needing to receive a variance
approval when the deviation is no more than 10% of a regulation governing lot
dimensions.
City Manager Jerry Ducay suggested adding language, which would provide for
administrative approval. Councilmember Kelley noted the use of receiving a
variance should be requiring a variance and asked for the correction to be made
when adding administrative language to the amendment.
Mayor Lindamood opened and closed the public hearing without anyone wishing to
speak.
This was a first reading; no action was taken.
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-22-4755
Approval of a proposal to set the ad valorem tax rate for Fiscal Year
2023 at $0.265618 per hundred dollars of valuation
Mayor Lindamood read Resolution R-22-4755 in its entirety.
Finance Director Kyle Lester presented this item and stated the proposed rate is
the no-new-revenue tax rate, and is the first formal step toward adopting the
2023 budget. Director Lester stated the Truth in Taxation laws require the City to
inform the citizens of the proposed FY 2023 tax rate, and the intention to
adopt the tax rate of $0.265618 per hundred dollars of valuation, utilizing the July
2022 certified tax roll as the basis for the proposed tax rate. Director Lester stated
this is the fifth consecutive year the Council was provided the no-new-revenue tax
rate. He explained the no-new-revenue tax rate allows the City Council to lower
the tax rate to offset the increasing property values determined by TAD, in order
to collect the same amount of revenue as the prior year, excluding new growth.
Mayor Lindamood thanked Finance Director Lester for providing a good
presentation and encouraged the public to watch to video from this evening’s
Worksession where Director Lester presented the proposed tax rate and 2022
budget.
Mayor Lindamood opened and closed the public hearing without anyone wishing to
speak.
Councilmember Rigney made a motion to approve Resolution R-22-4755,
seconded by Councilmember Dodson.
The motion to approve passed by the following vote:
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City of Colleyville Page 10
Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers
Elder, Bond, Dodson, Kelley, and Rigney.
8. CITIZEN COMMENTS
Jeff Clark, 115 W. Greenbriar, gave a presentation on pickleball and asked the City
Council to plan for 16 more courts immediately. Mr. Clark suggested using one of
the tennis courts for a dual-purpose court.
Janet Cunningham, 311 Covington Way, discussed the large number of people
utilizing the pickleball courts and requested City Council immediately restripe a
tennis court for dual use and budget for at least six additional courts. She also
provided diagrams of the pickleball court layout.
Kathy Hadley, 204 Timberline Drive North, thanked the City Council for the
discussion on the fence on this agenda, suggested City Council drive the road, and
visit the lot where this SUP is requested.
Mrs. Hadley stated the medians on Church Street are to “southwest” looking and
needed to have greenery added. She also asked City Council to consider less
expensive costs for School Resource Officers.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY,
AUGUST 2, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-
22-4756
10. ADJOURNMENT
There being no further business before the City Council, Mayor Lindamood
adjourned the meeting without objection by the City Council at 9:18 p.m.
APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 16TH DAY OF AUGUST
2022.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 4b Agenda Date 8/16/2022 Number
Type Resolution
Department Engineering
Title
Approval of a Professional Services Agreement with Teague Nall & Perkins, Inc., in an
amount not to exceed $121,179 for right-of-way services and design of the waterline
relocation along Jackson Road related to the bridge replacement project, and
authorizing the City Manager to execute the agreement
Strategic Plan
3.4 Thoroughly plan for future capital investments and associated costs
Explanation
Reading and Public Hearing
On August 29, 2019, the Texas Department of Transportation informed the City of
Colleyville the Jackson Road Bridge at Little Bear Creek had been included and
approved in the off-state system Federal-aid Highway Bridge Replacement and
Rehabilitation Program (HBRRP).
In August of 2020, City Council approved an Advanced Funding Agreement (AFA) with
TxDOT for the replacement of the bridge along Jackson Road over Little Bear Creek.
The approved AFA stipulates TxDOT is to design and construct the bridge and the City
is responsible for acquiring the necessary right-of-way (ROW), and coordinating utility
relocations, as necessary, for the replacement. The design phase of the project is on-
going and TxDOT has provided sufficient information to allow the City to begin detailed
work on ROW acquisition and relocation of a City-owned and operated water line.
The City previously completed a Request for Qualifications process for professional
engineering services. This process resulted in a total of 53 submittals from various
professional engineering firms. Based on a review of the 53 submitted Statements of
Qualifications, as well as an interview with the firm, staff selected Teague Nall &
Perkins, Inc., for this project. Once approved, Teague Nall & Perkins, Inc. will provide
services related to right-of-way acquisition and complete design of the project and
prepare the engineering drawings for construction of this project.
Financial Impact
Funding for the Professional Services Agreement is provided for in the Capital Projects
Fund.
City Council Agenda Briefing 4b
City of Colleyville Page 2
Recommendation
Approve
Attachments
1. Colleyville PSA with Teague Nall & Perkins, Inc.
Professional Services Agreement with Teague Nall & Perkins, Inc. for Jackson Road Bridge ROW Services 1
PROFESSIONAL SERVICES AGREEMENT
JACKSON ROAD BRIDGE ROW SERVICES
This Professional Services Agreement (“Agreement”) is made by and between the City of
Colleyville, Texas (“City”), and Teague Nall & Perkins, Inc. (“Professional”) (each a “party” and
collectively the “parties”), acting by and through their respective authorized representatives.
RECITALS
WHEREAS, City desires to engage Professional to perform certain work and services, hereinafter
referred to only as "services", as further specified in the Scope of Services defined in Section 1 of this
Agreement; and
WHEREAS, Professional has expressed a willingness to perform said services in conformance
with this Agreement.
NOW, THEREFORE, for and in consideration of the covenants and promises made one to the
other herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby
acknowledged, the parties agree as follows:
Section 1. Scope of Services
Upon written notice to proceed by City, Professional agrees to provide to City Jackson Road Bridge
ROW Services (“Project”), as set forth in the Scope of Services attached hereto as Exhibit “A” and
incorporated herein by reference (the “Scope of Services”). Professional shall not be entitled to any claim
for extra services, additional services or changes in the services without a written agreement with City prior
to the performance of such services.
Section 2. Term of Agreement
The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”)
and shall continue until Professional completes the services required herein and the City has accepted the
same, unless sooner terminated as provided in this Agreement.
Section 3. Professional’s Obligations
(a) Performance of Services. Professional shall furnish and pay for all labor, tools, software,
materials, equipment, supplies, transportation and management necessary to perform the services. To the
extent reasonably necessary, Professional may engage the services of any agents, assistants, or other persons
that Professional may deem proper to assist in the performance of the services under this Agreement;
provided, that Professional shall be responsible for all costs related thereto, except as expressly authorized
in writing in advance by City.
(b) Site Access. City will endeavor to provide such rights of access on any project site as may
be reasonably necessary for Professional to perform any necessary studies, surveys, tests or other required
investigations in relation to the services; provided, that City shall have no obligation to (i) provide off-site
access, (ii) provide access to private property for which City does not have an existing right to access, nor
(ii) incur any costs associated with the access to be provided under this Agreement.
(c) Standard of Care. Professional shall perform the services with the skill and care ordinarily
provided by competent professionals practicing in the same or similar locality and under the same or similar
Professional Services Agreement with Teague Nall & Perkins, Inc. for Jackson Road Bridge ROW Services 2
circumstances and professional licenses. Professional shall be responsible for the professional quality,
technical accuracy, and the coordination of all services, including all Project Documents, designs, drawings,
specifications, plans, reports, presentations and all other services furnished by Professional under this
Agreement. Professional shall, without additional compensation, correct or revise any errors or deficiencies
in the services. Professional shall further make, without expense to City, such revisions to the Project
Documents as may be required to meet the needs of City and which are within the Professional’s Scope of
Services.
(d) Additional Services. Should City require additional services not included under this
Agreement, Professional shall make reasonable effort to provide such additional services in accordance
with the fee schedule set forth in Exhibit A, and within the time schedule prescribed by City; and without
decreasing the effectiveness of the performance of services required under this Agreement.
(e) No Waiver of City’s Rights. Neither City's review, approval, acceptance of, nor payment
for any of the services required under this Agreement, shall be construed to operate as a waiver of any rights
under this Agreement or of any cause of action arising out of the performance of this Agreement, and
Professional shall be and remain liable to City in accordance with applicable law for all damages to City
caused by Professional's negligent performance of any of the services furnished under this Agreement.
(f) Independent Contractor. It is understood and agreed by and between the parties that
Professional, while performing under this Agreement, is acting independently, and that City assumes no
responsibility or liabilities to any third party in connection with Professional’s actions. All services to be
performed by Professional pursuant to this Agreement shall be in the capacity of an independent contractor,
and not as an agent or employee of City. Professional shall supervise the performance of its services and
shall be entitled to control the manner and means by which its services are to be performed, subject to the
terms of this Agreement. There is no intended third-party beneficiary to this Agreement.
(g) Inspection of Records. Professional grants City and its designees the right to audit,
examine or inspect, at City's election, all of Professional's Records (defined below) relating to the
performance of services under this Agreement, during the term of the Agreement and any retention period
herein. City’s audit, examination, or inspection of Professional’s Records may be performed by a City
designee, which may include its internal auditors or an outside representative engaged by City. Professional
agrees to retain Professional’s Records for a minimum of four (4) years following termination of the
Agreement, unless there is an ongoing dispute under the contract; then, such retention period shall extend
until final resolution of the dispute. "Professional's Records" shall include any and all information, materials
and data of every kind and character generated in connection with the services under this Agreement. City
agrees that it will exercise its right to audit, examine or inspect Professional’s Records during regular
business hours unless City has provided advance written notice of an alternate time. Professional agrees to
allow City and its designees access to all of Professional's Records, Professional's facilities, and the current
or former employees of Professional, to the extent deemed reasonably necessary by City or its designee(s),
to perform such audit, inspection or examination.
(h) Certification of No Conflicts. Professional hereby warrants to the City that Professional
has made full disclosure in writing of any existing or potential conflicts of interest related to Professional's
services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of
this Agreement, Professional hereby agrees immediately to make full disclosure to the City in writing.
(i) Hazardous Materials. Professional shall report the presence and location of any hazardous
materials it notices or which a professional of similar skill and experience should have noticed to the City.
Professional Services Agreement with Teague Nall & Perkins, Inc. for Jackson Road Bridge ROW Services 3
Section 4. Performance Schedule
(a) Time for Performance. Professional shall perform all services as provided for under this
Agreement in a proper, efficient, timely, and professional manner in accordance with City's requirements.
In the event Professional's performance of this Agreement is delayed or interfered with by acts of the City
or others, Professional may request an extension of time in conformance with this Section 4 for the
performance of same as hereinafter provided but shall not be entitled to any increase in fee or price, or to
damages or additional compensation as a consequence of such delays.
(b) Extensions; Written Request Required. No allowance of any extension of time, for any
cause whatever (including an event of Force Majeure as defined herein below), shall be claimed or made
to Professional, unless Professional shall have made written request upon City for such extension within
forty-eight (48) hours after the cause for such extension occurred, and unless City and Professional have
agreed in writing upon the allowance of additional time to be made.
Section 5. Documents
(a) Project Documents. All proposals, reports, studies, surveys, applications, drawings, plans,
specifications, data, and other documents, whether in draft form or final form (including any electronic
format) prepared by Professional and its employees, consultants, subcontractors, agents, or representatives
(collectively referred to in this section as “Professional) for the use and/or benefit of City in connection
with this Agreement (“Project Documents”). Professional shall be deemed the authors of their respective
component of the Project Documents. Notwithstanding, upon payment by City as required by this
Agreement, City shall own, have, keep and retain all rights, title and interest in and to all Project Documents,
including all ownership, common law, statutory, and other reserved rights, including copyrights (except
copyrights held by the Professional) in and to all Project Documents, whether in draft form or final form,
which are produced at City’s request and in furtherance of this Agreement. City shall have full authority to
authorize any contractor(s), subcontractors, consultants, and material or equipment suppliers to reproduce
applicable portions of the Project Documents to and for use in their execution of the services or for any
other purpose. Acceptance and approval of the Project Documents by City shall not constitute nor be
deemed a release of the responsibility and liability of Professional for the accuracy or competency of its
designs, working drawings, specifications, or other documents; nor shall such approval be deemed to be an
assumption of such responsibility by City for any defect in the designs, working drawings and
specifications, or any other documents prepared by Professional.
(b) Professional’s Documents. All previously owned intellectual property of Professional,
including but not limited to any computer software (object code and source code), tools, systems, equipment
or other information used by Professional or its suppliers in the course of delivering the Services hereunder,
and any know-how, methodologies or processes used by Professional to provide the services or protect
deliverables to City, including without limitation, all copyrights, trademarks, patents, trade secrets and any
other proprietary rights inherent therein and appurtenant thereto (“Professional’s Documents”), shall remain
the sole and exclusive property of Professional. Notwithstanding, Professional agrees that City shall have
the right to access to all such information and City is granted the right to make and retain copies of
Professional’s Documents. City acknowledges that any reuse of Professional’s Documents without specific
written verification or adaptation by Professional will be at City's sole risk and without liability or legal
exposure to Professional.
(c) Confidential Information. Professional agrees it will notify City in writing if it considers
specific information to be confidential or proprietary trade secrets and will use its best efforts to clearly
mark all such information as “Confidential” and/or “Proprietary – Trade Secret” at the time it is delivered
or made accessible to City. City acknowledges that all such designated information is considered by
Professional Services Agreement with Teague Nall & Perkins, Inc. for Jackson Road Bridge ROW Services 4
Professional to be confidential and the exclusive property of Professional. Notwithstanding the foregoing,
Professional acknowledges that this Agreement, and all services performed hereunder, are subject to the
legal requirements of the Texas Public Information Act and that City will have no obligation to protect or
otherwise limit disclosure of any confidential or proprietary information if Professional has not notified
City of such designation in conformance with this section. Professional agrees and covenants to protect
any and all proprietary rights of City (or other persons) in any materials provided to Professional by City.
Additionally, any materials provided to Professional by City shall not be released to any third party without
the consent of City and shall be returned intact to City upon termination or completion of this Agreement
if instructed to do so by City. In the event City delivers to Professional any information that has been
expressly marked “Confidential” or has notified Professional is confidential or is the proprietary
information of a third-party, Professional agrees it shall not disclose to anyone directly or indirectly during
the term of this Agreement or at any time thereafter, any such information, nor shall it use any such
information for any purpose other than as reasonably necessary in connection with Professional’s
performance of the services under this Agreement. Professional shall further, at its own expense, defend
all suits or proceedings instituted against City and pay any award of damages or loss resulting from an
injunction, against City, insofar as the same are based on any claim that materials or services provided
under this Agreement constitute an infringement of any patent, trade secret, trademark, copyright or other
intellectual property rights. Notwithstanding, the foregoing confidentiality obligations shall not extend to
and nothing herein shall limit either party’s right to disclose any information provided hereunder which: (i)
was or becomes generally available to the public, other than as a result of a disclosure by the receiving party
or its personnel; (ii) was or becomes available to the receiving party or its representatives on a non-
confidential basis, provided that the source of the information is not bound by a confidentiality agreement
or otherwise prohibited from transmitting such information by a contractual, legal, or fiduciary duty; (iii)
was independently developed by the receiving party without the use of any confidential information of the
disclosing party; or (iv) is required to be disclosed by applicable law or a court order.
Section 6. Payment
(a) Compensation. Professional’s compensation shall be as specified in the payment schedule
set forth in Exhibit A; provided, that the total compensation under this Agreement shall not exceed ONE
HUNDRED AND TWENTY-ONE THOUSAND, ONE HUNDRED AND SEVENTY-NINE DOLLARS
($121,179.00).
(b) Payment Terms. City agrees to pay Professional for all services authorized in writing and
properly performed by Professional in general conformance with the fee schedule set forth in Exhibit A,
subject to changes in the Scope of Services or additional services agreed upon in writing. Unless otherwise
agreed in writing, all payments to Professional by City shall be based on detailed monthly invoices
submitted by Professional for work performed and accepted by City, less any previous payments. Payment
will be due within thirty (30) days of the City’s receipt and acceptance of an approved invoice.
Notwithstanding the foregoing, City reserves the right to delay, without penalty, any payment to
Professional when, in the opinion of City, Professional has not made satisfactory progress on the Project as
described in the Scope of Services.
(c) Deductions. City may deduct from any amounts due or to become due to Professional any
sum or sums owing by Professional to City. In the event of any breach by Professional of any provision or
obligation of this Agreement, or in the event of the assertion by other parties of any claim or lien against
City, or City's premises, arising out of Professional's performance of this Agreement, City shall have the
right to retain out of any payments due or to become due to Professional an amount sufficient to completely
protect City from any and all reasonably anticipated loss, damage or expense therefrom, until the breach,
claim or lien has been satisfactorily remedied or adjusted by Professional.
Professional Services Agreement with Teague Nall & Perkins, Inc. for Jackson Road Bridge ROW Services 5
Section 7. Default; Force Majeure
(a) Default; Notice to Cure. A party shall be deemed in default under this Agreement if the
party is in breach of a material provision of this Agreement and said breach is not cured within fifteen (15)
days written notice of default by the other party. In the event the breaching party has notified the other
party in writing that it is diligently working to cure the breach and has provided reasonable written evidence
in support of the same, the breaching party shall not be deemed in default until the thirtieth (30th) day
following the non-breaching party’s notice of default.
(b) Default by Professional. In addition to default under Section 7(a) above, Professional shall
be in default under this Agreement if Professional fails to comply or becomes disabled and unable to comply
with the provisions of this Agreement related to Professional’s performance of the services, including the
quality or character of the services or time of performance for any material component of the services. If
such default is not corrected within ten (10) days from the date of City’s written notice to Professional
regarding the same, City may, at its sole discretion without prejudice to any other right or remedy:
(i) Terminate this Agreement and be relieved of the payment of any further consideration to
Professional except for all services determined by City to be satisfactorily completed prior
to termination. Payment for work satisfactorily completed shall be for actual costs,
including reasonable salaries and travel expenses of Professional to and from meetings
called by City at which Professional is required to attend, but shall not include any loss of
profit of Professional. In the event of such termination, City may proceed to complete the
services in any manner deemed proper by City, either by the use of its own forces or by re-
subletting to others; or
(ii) City may, without terminating this Agreement or taking over the services, furnish the
necessary labor, materials, equipment, supplies and/or assistance necessary to remedy the
situation, at the expense of Professional.
(c) Force Majeure. To the extent either party of this Agreement shall be wholly or partially
prevented from the performance of any obligation or duty placed on such party by reason of or through
stoppage of labor, riot, fire, flood, acts of war, insurrection, court judgment, or a government restriction,
quarantine or mandatory closure order enacted in response to a pandemic or other public health crises, or
other specific cause reasonably beyond the party’s control and not attributable to its malfeasance, neglect
or nonfeasance (each an event of “Force Majeure”), the time for performance of such obligation (other than
a payment obligation) may be extended for a period equal to the time lost by reason such event, provided,
that the party complies with the provisions of this section. Specifically, the party asserting Force Majeure
(i) shall give prompt notice to the other party of the prevention of performance as soon as the asserting
party is reasonably aware of such prevention, and (ii) has the burden of demonstrating: (1) how and why
their performance was so prevented, (2) the period of time during which they were so prevented from
performing (which under the facts may be equal to, or shorter or longer than, the duration of the Force
Majeure event itself), and (3) that the party used commercially reasonable efforts to mitigate and/or
eliminate such prevention and resumed performance under this Agreement as soon as reasonably
practicable.
Section 8. Termination; Suspension
(a) Termination Upon Default. Either party may terminate this Agreement upon written notice
if the other party is in default of this Agreement, subject to the defaulting party’s right to cure in
conformance with the terms of this Agreement.
Professional Services Agreement with Teague Nall & Perkins, Inc. for Jackson Road Bridge ROW Services 6
(b) Termination by City. City shall be entitled to terminate this Agreement, with or without
cause, by providing thirty (30) days prior written notice to Professional.
(c) Termination Following Request for Modification. Should City require a modification of
this Agreement with Professional, and in the event City and Professional fail to agree upon a modification
to this Agreement, City shall have the option of terminating this Agreement and Professional's services
hereunder at no additional cost other than the payment to Professional, in accordance with the terms of this
Agreement, for the services reasonably determined by City to be properly performed by Professional prior
to such termination date.
(d) Suspension. City reserves the right to suspend this Agreement for the convenience of City
by issuing a written notice of suspension which shall describe City’s reason(s) for the suspension and the
expected duration of the suspension. Such expected duration shall, in no way, guarantee what the total
number of days of suspension shall occur. Such suspension shall take effect immediately upon
Professional’s receipt of said notice. Should such suspension extend past the expected duration identified
by City in its latest notice of suspension, Professional shall have the right to terminate this Agreement if (i)
Professional provides not less than thirty (30) days prior written notice to City requesting to recommence
the services, and (ii) City does not recommence the services within the time requested.
Section 9. Insurance
Professional shall during the term hereof maintain in full force and effect all policies of insurance
reasonably required by City. Professional’s obligation to provide acceptable certificates of insurance is a
material condition precedent to this Agreement, and services under this Agreement shall not commence
until certificates of insurance have been received, reviewed, and accepted by City. The minimum coverages
and limits of liability for the policies of insurance required for the specific services under this Agreement
are maintained by and accessible through the City’s purchasing department.
Section 10. Indemnification; Notice.
CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR
CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF
PROFESSIONAL PURSUANT TO THIS AGREEMENT. PROFESSIONAL HEREBY WAIVES ALL
CLAIMS AGAINST CITY, ITS OFFICERS, AGENTS AND EMPLOYEES (COLLECTIVELY
REFERRED TO IN THIS SECTION AS “CITY INDEMNITEES”) FOR DAMAGE TO ANY PROPERTY
OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE
OTHER THAN THE GROSS NEGLIGENCE OR WILLFUL MISCONDUCT OF THE CITY
INDEMNITEES. PROFESSIONAL AGREES TO INDEMNIFY, DEFEND, AND SAVE HARMLESS
THE CITY INDEMNITEES FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES,
CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND
COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIN D BY REASON OF INJURY TO OR
DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED
BY THE NEGLIGENT PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY
REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF PROFESSIONAL, ITS
OFFICERS, DIRECTORS, MANAGERS, EMPLOYEES, CONTRACTORS, SERVANTS,
REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS
(EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES
ARISE FROM OR ARE ATTRIBUTED TO THE GROSS NEGLIGENCE OR WILFUL MISCONDUCT
OF A CITY INDEMNITEE, IN WHOLE OR IN PART, IN WHICH CASE PROFESSIONAL SHALL
INDEMNIFY THE CITY INDEMNITEES TO THE EXTENT OR PROPORTION OF NEGLIGENCE
Professional Services Agreement with Teague Nall & Perkins, Inc. for Jackson Road Bridge ROW Services 7
ATTRIBUTED TO PROFESSIONAL, ITS OFFICERS, AGENTS, OR EMPLOYEES AS DETERMINED
BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION).
Notices of Claim. Professional shall promptly advise City in writing of any claim or demand against the
City, related to or arising out of Professional’s acts or omissions under this Agreement and shall see to the
investigation and defense of such claims or demand at Professional’s sole cost and expense; provided, that
City, at its option and at its own expense, may participate in such defense without relieving Professional of
any of its obligations hereunder. Professional’s obligations under this section shall not be limited to the
limits of coverage of insurance maintained or required to be maintained under this Agreement.
THE PROVISIONS OF THIS SECTION SHALL SURVIVE EXPIRATION OR TERMINATION OF
THIS AGREEMENT FOR A PERIOD OF FOUR (4) YEARS.
Section 11. Notice.
All notices required by this Agreement shall be in writing and addressed to the parties at the
addresses set forth on the signature page(s) of this Agreement (or to such other address that may be
designated by the receiving party from time to time in accordance with this section). All notices shall be
delivered by (a) personal delivery, (b) certified or registered mail (in each case, return receipt requested,
postage prepaid), (c) nationally recognized overnight courier (with all fees pre-paid), or (d) email of a pdf
document containing the required notice. Such notice or document shall be deemed to be delivered or given,
whether actually received or not, (i) when received if delivered or given in person, (ii) if sent by United
States mail, three (3) business days after being deposited in the United States mail as set forth above, (iii)
on the next business day after the day the notice or document is provided to a nationally recognized carrier
to be delivered as set forth above, or (iv) if sent by email, the next business day. A confirmation of delivery
report which reflects the time that the email was delivered to the recipient’s last notified email address is
prima facie evidence of its receipt by the recipient, unless the sender receives a delivery failure notification,
indicating that the email has not been delivered to the recipient.
Section 12. Verifications by Professional
Professional’s execution of this Agreement shall serve as its formal acknowledgement and written
verification that:
(a) if the requirements of Subchapter J, Chapter 552, Government Code, apply to this
Agreement and Professional agrees that the Agreement can be terminated if Professional knowingly or
intentionally fails to comply with a requirement of that subchapter;
(b) pursuant to Texas Government Code Chapter 2270, that Professional’s organization does
not presently boycott Israel and will not boycott Israel during the term of this Agreement; and
(c) pursuant to Texas Government Code Chapter 2251, that Professional’s organization does
not current discriminate against firearm and ammunition industries and will not for the term of the
contract. Discriminating means refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with the firearm or ammunition industry or with a person or entity doing business in the firearm
or ammunition industry, but does not include an action made for ordinary business purposes.
Professional Services Agreement with Teague Nall & Perkins, Inc. for Jackson Road Bridge ROW Services 8
Section 13. Miscellaneous
(a) Professional shall not assign or sublet this Agreement, in whole or in part, without the prior
written consent of City. (b) Professional shall comply with all federal, state, county, and municipal laws,
ordinances, resolutions, regulations, rules, and orders applicable to the services under this Agreement. (c)
The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this
Agreement shall be in the state district courts of Tarrant County, Texas. The parties agree to submit to the
personal and subject matter jurisdiction of said courts. (d) This Agreement contains the entire understanding
of the parties with respect to the subject matter hereof and there are no oral understandings, statements or
stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein.
(e) The exhibits attached hereto, if any, are incorporated herein and made a part hereof for all purposes. (f)
Unless expressly provided otherwise herein, this Agreement may only be modified, amended, supplemented
or waived by a mutual written agreement of the parties. (g) In the event any one or more of the provisions
contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the
Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been
contained in it. (h) Any of the representations and obligations of the parties, as well as any rights and
benefits of the parties pertaining to a period of time following the termination of this Agreement shall
survive termination. (i) This Agreement may be executed by the parties in separate counterparts, each of
which when so executed and delivered shall be an original, but all such counterparts shall together constitute
one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by
less than all, but together signed by all of the parties. (j) Each party represents that it has full capacity and
authority to grant all rights and assume all obligations granted and assumed under this Agreement. (k)
Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit
of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and
assigns.
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SIGNATURE PAGE FOLLOWS]
Professional Services Agreement with Teague Nall & Perkins, Inc. for Jackson Road Bridge ROW Services 9
IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of
the Effective Date.
For City:
CITY OF COLLEYVILLE, TEXAS
[sig|req|signer1|Signature]
By:
Jerry Ducay
City Manager
[date|req|signer1|Date of Signing]
Date:
For Professional:
TEAGUE NALL & PERKINS, INC.
[sig|req|signer2|Signature]
By:
Jennifer Hall
Director of Right of Way Services
[date|req|signer2|Date of Signing]
Date:
Notice Address:
City of Colleyville
Attn: City Manager
100 Main Street
City of Colleyville, Texas 76034
E: jducay@colleyville.com
Colleyville Contract ID:
PSA_WW_July 15, 2022_v1.20220427
Notice Address:
Teague Nall & Perkins, Inc.
Attn: Jennifer Hall, Director of Right of Way
Services
5237 N Riverside Dr., Suite 100
Fort Worth, Texas 76137
E: tnprow@tnpinc.com
Professional Services Agreement with Teague Nall & Perkins, Inc. for Jackson Road Bridge ROW Services 1
0
EXHIBIT “A”
SCOPE OF SERVICES
(attached)
Exhibit A – Scope of Services
1
Exhibit “A”
SCOPE OF SERVICES
PROJECT NAME: Jackson Road
TNP PROJECT NUMBER:
CLIENT: City of Colleyville
ADDRESS: 100 Main Street
Colleyville, TX 76034
City of Colleyville (herein the CLIENT) hereby requests and authorizes Teague Nall and Perkins, Inc., (the
PROFESSIONAL) to perform the following services:
Article I
SCOPE: Provide design, bidding, and construction administration services for approximately 400 LF of up to
12” water line replacement along Jackson Road in Colleyville, Texas that will precede TxDOT’s
Jackson Road at Little Bear Creek bridge replacement project.
Provide utility information, up to QL-“B”, for Jackson Rd at a length of 250’ either side of the existing
bridge, just north of Sherwood Lane.
Perform surveying necessary to establish all property boundaries along Jackson Road, as needed
for the relocation of an existing waterline attached to the current Jackson Road Bridge for use in
the preparation of documents to be used in ROW and/or Easement acquisitions, including sidewalk
easements adjacent to the project as requested by CLIENT.
Provide negotiating, appraisal, and closing services for the CLIENT’s intent to acquire property to
support the improvements along Jackson Road. The right-of-way acquisition will include up to five
(5) parcels with right of way and/or easement(s) as necessary for each parcel.
(
A detailed scope of services is included as Attachment ‘A’ and is made a part hereto.
[End Scope Summary]
Exhibit A – Scope of Services
2
FEE SCHEDULE
(See Attachment ‘B’ for rates applicable to additional services)
COMPENSATION to be in accordance with the following table:
I. Engineering Services (fixed fee): $ 48,500.00
II. Subsurface Utility Engineering Services (fixed fee): $ 12,300.00
III. Surveying - (fixed fee): $ 12,000.00
IV. Survey Exhibits (reimbursable 5 @ $1,800/Parcel): $ 6,000.00
V. Closing Services (fixed fee): $ 2,750.00
VI. Negotiations Services (reimbursable 5 @ $4,500/Parcel): $ 22,500.00
VII. Appraisal Services (fixed fee) $ 11,000.00
VIII. Direct Expenses (fixed fee): $ 3,129.00
Total, including reimbursable items: $121,179.00
The total fee is not to exceed $121,179.00 without prior permission by CLIENT.
A. Engineering Services: PROFESSIONAL shall be compensated on a percent complete basis on
PROFESSIONAL’s fee for Engineering services. Engineering services will be billed at $48,500.
B. SUE Services: PROFESSIONAL shall be compensated on a percent complete basis on
PROFESSIONAL’s fee for SUE services. SUE services will be billed at $12,300.
C. Survey Services: PROFESSIONAL shall be compensated on a percent complete basis on
PROFESSIONAL’s fee for Survey services. Survey services will be billed at $21,000.
D. Negotiation and Closing Services: PROFESSIONAL shall be compensated on a percent complete
basis on PROFESSIONAL’s fee for negotiation and closing services. Negotiation and closing services
will be billed at $25,250.
E. Appraisal Services: The PROFESSIONAL will engage an appraisal firm and shall be compensated
based on the Appraiser’s per parcel fee. This fee is estimated at $2,000 per parcel, to which 10%
will be added; PROFESSIONAL’s total estimated fee for five parcels is $11,000. This fee is
dependent on the availability of the Appraiser and may vary based on the actual amount invoiced
by the Appraiser.
C. Direct Cost Reimbursable: Mileage, Printing, copies, plots and reproduction work done in-house shall
be compensated per the PROFESSIONAL’s most current rate schedule for such work (Attachment ‘B’).
These fees are included in the total not to exceed amount.
D. Work Outsourced to Others: For work done by others, at the actual cost to the PROFESSIONAL of
such services plus 10%.
E. Additional Services: Any service provided by the PROFESSIONAL which is not specifically described
in the scope of work for this contract as defined above or delineated in an attachment shall be
considered additional services. Additional services shall include, but shall not be limited to:
1.) Addition of parcels for acquisition caused by change in design, parcel splits,
additional requirements for either enlarged or additional parcels, settlement
negotiations after CLIENT accepts eminent domain recommendation or other valid
Exhibit A – Scope of Services
3
causes approved or required by the CLIENT.
2.) Additional parcels for survey caused by changes in the design, changes in the scope
of the project, changes in right-of-way needs, changes in acquisition feasibility, or
other valid causes approved or required by the CLIENT.
3.) In the event of eminent domain proceedings against any parcel, the CLIENT may
require the PROFESSIONAL to be an expert witness for pretrial conferences,
depositions, special commissioner hearing, court appearances and any other
consultation with CLIENT directly related to preparations of court testimony.
Additional services shall be considered additional work and shall be reimbursed at
PROFESSIONAL’S current standard rates. The standard rates effective for 2022 are included as
Attachment ‘B’.
[End Fee Schedule – Attachment ‘A’ follows]
Exhibit A – Scope of Services
4
ATTACHMENT 'A'
ITEMIZED SCOPE OF SERVICES
ENGINEERING SCOPE OF SERVICES
Design and Construction Services for
Jackson Road Water Improvements
WORK TO BE PERFORMED
PROFESSIONAL shall provide design, bidding, and construction administration services for the Project. The
Project includes approximately 400 LF of up to 12” water line replacement along Jackson Road in
Colleyville, Texas that will precede TxDOT’s Jackson Road at Little Bear Creek bridge replacement project.
It is assumed that approximately 100 LF of water line that crosses the creek will be bored with steel casing
pipe, and the remaining length will be open cut.
The following tasks have been identified for inclusion in this scope of services:
Task 1. Preliminary Design
Task 2. Final Design
Task 3. Bid Phase Services
Task 4. Construction Administration
TASK 1. PRELIMINARY DESIGN (60% Plans):
Preliminary plans shall be submitted to CLIENT per the approved Project Schedule.
PROFESSIONAL will develop the preliminary design of the infrastructure as follows.
1. Communications and Reporting
a. Attend a pre-design project kickoff meeting with CLIENT staff to confirm and clarify scope,
understand CLIENT objectives, and ensure economical and functional designs that meet
CLIENT requirements
b. Conduct review meetings with the CLIENT at the end of each design phase.
c. Conduct site visits on an as-needed basis for investigations and coordination during the
design process.
d. Coordinate with CLIENT, franchise utilities, property owners and other agencies and entities
for the planning and design of the proposed infrastructure, and provide and obtain
information needed to prepare the design.
e. Personnel and Vehicle Identification: When conducting site visits to the project location, the
PROFESSIONAL or any of its sub-consultants shall carry readily available information
identifying the name of the company and the company representative.
2. Data Collection
a. In addition to data obtained from the CLIENT, PROFESSIONAL will attempt to identify and
research proposed improvements by others that may influence the project.
b. The PROFESSIONAL will also identify and seek to obtain data for existing conditions that
may impact the project including but not limited to private utilities and property ownership
as available from the Tax Assessor's office.
Exhibit A – Scope of Services
5
c. The PROFESSIONAL shall visit the project site to confirm the existing conditions and elements
that may influence the design.
3. Water Modeling
a. PROFESSIONAL assumes that no water modeling will be associated with this scope of
services. Efforts related to performing any water modeling shall be considered an
additional service.
4. Conceptual Design Layout:
a. Prior to Preliminary (60%) Design the PROFESSIONAL will develop a conceptual plan layout
and attend a design coordination meeting with CLIENT staff to confirm and gain concurrence
on the proposed alignment of the waterline replacement.
5. Development of Preliminary Design Drawings and Specifications shall include the following:
a. Cover Sheet
b. Project Control Sheet with benchmarks and control points.
c. General Notes Sheet
d. Water Plan & Profile Sheet including, but may not be limited to, the following:
i. Proposed water line alignment
ii. Pipe size(s)
iii. Valves
iv. Appurtenances
v. Service connections
vi. Pavement repair limits
vii. Easement and ROW limits
viii. Property ownership information
ix. Existing utilities
x. Temporary water lines
xi. Coordinates on all P.C.’s, P.T.’s, P.I.’s, valves, mainline fittings, etc., in the same
coordinate system as the Control Points
e. The PROFESSIONAL shall make provisions for reconnecting all identifiable water service lines
which will be impacted by the proposed water and sewer main, including replacement of
existing service lines within CLIENT right-of-way or utility easement.
f. The PROFESSIONAL will prepare special details for the water line installation and/or
replacement that are not already included CLIENT’s standard details. These may include
connection details between various parts of the project, tunneling details, boring and jacking
details, relocations, details unique to the construction of the project, trenchless details, and
special reconnections.
6. Constructability Review
a. Prior to the 60% review meeting with the CLIENT, the PROFESSIONAL shall schedule and
attend a project site visit with the CLIENT to walk the project. The PROFESSIONAL shall
summarize the CLIENT’s comments from the field visit and submit this information to the
CLIENT in writing.
7. Utility Clearance
Exhibit A – Scope of Services
6
a. Subsurface Utility Engineering (SUE) services have been included in this scope of services.
b. The PROFESSIONAL will consult with the applicable CLIENT’s departments and other public
utilities, private utilities and government agencies in an attempt to determine the
approximate location of above and underground utilities, and other facilities (current and
future) that may have an impact or influence on the project. Based on the information
obtained, the PROFESSIONAL will design the proposed facilities in a manner that avoids or
minimizes conflicts with existing utilities, and where known and possible, consider potential
future utilities in designs. Should it become necessary to adjust an existing utility, this work
shall be performed by the owner of the utility or it can be added to this scope of services
as an Additional Service.
c. The PROFESSIONAL will contact utility companies and/or Texas811 to request locates of
all utilities within the project limits. Any locates that are marked by others will be
incorporated into the design survey and reflected on the plans.
d. The PROFESSIONAL will provide plans to the private utility companies for their use in
identifying impacts and coordinating adjustments.
8. Traffic Control and Phasing
a. Traffic Control shall be the responsibility of the Contractor.
9. Storm Water Pollution Prevention Plan
a. The SWPPP shall be the responsibility of the Contractor.
ASSUMPTIONS
a. CLIENT will provide TNP the topographic survey performed for the TxDOT Jackson Road at
Little Bear Creek bridge replacement project. (CSJ: 0902-90-132)
b. TNP will utilize the survey by others to design the Jackson waterline replacement.
c. CLIENT will provide TNP the geotechnical report developed for the TxDOT Jackson Road
at Little Bear Creek bridge replacement project. (CSJ: 0902-90-132)
d. TNP will utilize geotechnical report by others to design the Jackson waterline replacement.
e. No temporary water line design or plans are anticipated. If temporary water line and/or
services are needed to facilitate construction, the Contractor will be responsible for
providing the plan for review as a submittal.
f. PROFESSIONAL shall not proceed with Final Design activities without obtaining the CLIENT’s
approval of the Preliminary Design Plans.
DELIVERABLES
a. Meeting minutes with action items
b. Electronic submittals. No hardcopies needed. (22x34 size PDFs)
c. Permit Applications/correspondence (e.g. Private utilities, gas companies, etc.)
d. Private utility coordination drawings
e. Preliminary Opinion of Probable Cost
f. Names and addresses of residents and businesses that may be affected by the Project.
Exhibit A – Scope of Services
7
g. Summary of the proposed technical specifications for the Project.
TASK 2. FINAL DESIGN (90%) AND FINAL CONSTRUCTION DOCUMENTS (100%)
Upon approval of the Preliminary plans, PROFESSIONAL will prepare construction plans as follows:
1. Development of Final Design Drawings and Specifications shall include the following:
a. The final plans shall include completed versions of all plan sheets associated with the
preliminary plan submittal plus the CLIENT’s standard details and any other plan sheets that
were identified during the review of the preliminary plans or the development of the final
plans.
b. Conduct site visits on an as-needed basis for investigations and coordination during the
design process
c. Proposal, technical specifications and documents not covered by the CLIENT’s standard
specifications and contract documents
d. Final plans and specifications shall be submitted to CLIENT per the approved Project
Schedule. Copies of the CLIENT’s preliminary plans comments shall be provided with the
submittal.
e. Following a 90% construction plan review meeting with the CLIENT, the PROFESSIONAL shall
submit Construction Documents (100%) to the CLIENT per the approved Project Schedule.
Each plan sheet shall be stamped, dated, and signed by the PROFESSIONAL licensed in
State of Texas. The specification book shall contain updated proposal pages and all
necessary technical specifications as well as copies of all necessary permits and approvals
for construction of the project (e.g. TxDOT utility permit, utility crossing permits, easements,
etc.
f. The PROFESSIONAL shall submit a final opinion of probable construction cost with both the
90% and 100% design packages.
g. The PROFESSIONAL shall submit final easement documents with the 100% design package.
ASSUMPTIONS
a. It is assumed that the design services will span up to a maximum of four (4) months (Does
NOT include construction).
DELIVERABLES
a. Electronic submittals. No hardcopies needed. (22x34 size PDFs)
b. 90% and 100% final opinion of probable construction cost including summaries of bid items
and quantities.
c. One (1) hardcopy set and one PDF copy of bid documents for the CLIENT’s use during the
bidding process.
TASK 3. BID PHASE SERVICES
Exhibit A – Scope of Services
8
PROFESSIONAL will provide the following services during the Project’s bidding and award phase.
3. Bid Support
a. Upload the bidding documents to a web-based distribution system such as Civcast.
b. Assist the CLIENT in addressing bidder questions and preparing and distributing any
addenda.
c. Assist in the bid opening and tabulation of bids.
d. Check references of the Contractor.
e. Provide a letter of recommendation to the CLIENT for award of the project.
f. Incorporate all addenda into the contract documents and issue conformed sets of plans and
specifications for use as the issued for construction documents.
ASSUMPTIONS
a. The CLIENT is responsible for the cost of advertising the project.
b. The bidding format will be based on lowest qualified bidder.
c. The PROFESSIONAL will assemble the conformed contract documents and specifications for
construction.
d. The PROFESSIONAL will facilitate the distribution of plans through a web-based plan
distribution system such as Civcast.
e. The bid opening will take place at the CLIENT offices. PROFESSIONAL will be present to
assist with the opening and reading of the bids.
DELIVERABLES
a. Addenda
b. Bid tabulations
c. Recommendation of award
d. Electronic submittal of conformed plans and specifications.
TASK 4. CONSTRUCTION ADMINISTRATION
PROFESSIONAL will provide construction administration services for the project as follows.
4. Construction Support
a. PROFESSIONAL shall not be responsible for the means, methods, techniques, sequences, or
procedures of construction selected by the Contractor, or the safety precautions and
programs incident to the work of the Contractor
b. The PROFESSIONAL shall prepare a pre-construction meeting agenda and conduct the pre-
construction meeting in conjunction with the CLIENT. PROFESSIONAL shall prepare and
distribute meeting minutes.
Exhibit A – Scope of Services
9
c. Provide interpretations and clarifications of contract documents, respond to RFI’s, and make
recommendations as to the acceptability of the work.
d. Participate in up to two (2) meetings with the CLIENT and/or Contractor for the purpose of
coordination or to address construction related issues.
e. Upon completion of Project, prepare and issue a Letter of Recommendation of Project
Acceptance to the CLIENT that also identifies the start of the Project’s warranty period.
ASSUMPTIONS
a. The length of construction is anticipated to be a period of two (2) months.
DELIVERABLES
a. Meeting agenda and minutes
b. RFI Responses & Field Coordination
c. Recommendation of acceptance letter
ADDITIONAL SERVICES NOT INCLUDED IN THE SCOPE OF SERVICES
CLIENT and PROFESSIONAL agree that the following services are beyond the Scope of Services described
in the tasks above. However, PROFESSIONAL can provide these services, if needed, upon the CLIENT’s
written request. Any additional amounts paid to the PROFESSIONAL as a result of any material change to
the Scope of the Project shall be agreed upon in writing by both parties before the services are performed.
These additional services include the following:
i. Preparation of roadway design and plans.
ii. Preparation of drainage design and plans.
iii. Preparation of sanitary sewer design and plans.
iv. Preparation of erosion control plans.
v. Preparation of detailed traffic control or phasing plans.
vi. Environmental Services.
vii. Geotechnical services.
viii. Services related to water modeling.
ix. Services related to Topographic Survey beyond those listed in the scope of
services.
x. CCTV inspection of existing utilities.
xi. Services related to development of the CLIENT’s project financing and/or budget.
xii. Services related to disputes over pre-qualification, bid protests, bid rejection and
re-bidding of the contract for construction.
xiii. Construction management and inspection services.
xiv. Performance of materials testing or specialty testing services.
xv. Services necessary due to the default of the Contractor.
xvi. Services related to damages caused by fire, flood, earthquake or other acts of
God.
xvii. Services related to warranty claims, enforcement and inspection after final
completion.
xviii. Services related to Survey Construction Staking beyond those listed in the scope of
services.
Exhibit A – Scope of Services
10
xix. Services to support, prepare, document, bring, defend, or assist in litigation
undertaken or defended by the CLIENT.
xx. Public outreach support and public meeting attendance.
xxi. Performance of miscellaneous and supplemental services related to the project as
requested by the CLIENT.
Survey
ITEMIZED SCOPE OF SERVICES
1. PROFESSIONAL shall provide all office and field work necessary to establish all property
boundaries along Jackson Road as needed for the relocation of an existing waterline attached to
the current Jackson Road Bridge for use in the preparation of documents to be used in ROW
and/or Easement acquisitions.
2. PROFESSIONAL shall upon completion of the field work, a Registered Professional Land Surveyor
shall perform a boundary analysis of the found monuments and determine the boundary lines of
the properties and at which time ROW and/or Easement Exhibit ‘A’ (Legal Description) and
Exhibit ‘B’ (Sketch) shall be prepared for use in said acquisitions. The new ROW and/or Easement
lines will be monumented with a capped iron rod and followed by the Signed and Sealed
documents from a Registered Professional Land Surveyor.
3. All survey information provided by the PROFESSIONAL will be referenced to Grid North of the
Texas Coordinate System of 1983 {North Central Zone No. 4202; NAD83(2011) Epoch 2010} as
derived locally from Allterra Central’s continuously operating reference stations via real time
kinematic survey methods as well as Conventional Survey methods.
4. PROFESSIONAL shall perform all surveying services in accordance with the General Rules and
Procedures of Practice, and the Professional and Technical Standards established by the Texas
Board of Professional Engineers and Land Surveyors.
DELIVERABLES:
PDF and/or hard copies of the documents shall be provided.
SCHEDULE:
Work shall begin within 10 working days from authorization to proceed.
[continues on next page]
Exhibit A – Scope of Services
11
S.U.E.
ITEMIZED SCOPE OF SERVICES
GENERAL UNDERSTANDING:
The following represents the general understanding between the CLIENT and PROFESSIONAL regarding
the basis and/or limitations under which these subsurface utility designating and/or locating services are
provided:
1. These services will be conducted and provided in general compliance with CI/ASCE 38-02
(Standard Guidelines for the Collection and Depiction of Existing Subsurface Utility Data). This
standard establishes and defines four quality levels for data collection that are briefly described
as:
a. Quality Level D (QL-“D”) – Generally QL-“D” indicates information collected or derived from
research of existing records and/or oral discussions.
b. Quality Level C ( QL-“C”) - Generally QL-“C” indicates information obtained by surveying
and plotting visible above-ground utility features and by using professional judgment in
correlating this information to QL-“D” information. Incorporates QL-“D” information. (Limited
in this scope, this scope is to cover underground utility crossings)
c. Quality Level B (QL-“B”) – Generally QL-“B”, also known as “designating” indicates
information obtained through the application of appropriate surface geophysical methods
to determine the existence and approximate horizontal position of subsurface utilities.
Quality level B data should be reproducible by surface geophysics at any point of their
depiction. This information is surveyed to applicable tolerances defined by the project and
reduced onto plan documents. Incorporates QL-“D” & QL-“C” information.
d. Quality Level A (QL-“A”) - Generally QL-“A”, also known as “locating”, indicates the precise
horizontal and vertical location of utilities obtained by the actual exposure (or verification
of previously exposed and surveyed utilities) and subsequent measurement of subsurface
utilities, at a specific point. Incorporates QL-“D” QL-“C” & QL-“B” information.
2. These services are for the purpose of aiding the design of the subject project by providing
information related to subsurface utilities in order to allow potential utility conflicts to be minimized
or eliminated.
3. The PROFESSIONAL will provide services that meet the standard of care for existing subsurface
utility location and mapping as established in CI/ASCE 38-02 by exercising due diligence with
regard to records research and acquisition of utility information, including visually inspecting the
Exhibit A – Scope of Services
12
work area for evidence of utilities and reviewing the available utility record information from the
various utility owners. However, the PROFESSIONAL makes no guarantee that all utilities can or
will be identified and shown as there still may be utilities within the project area that are
undetectable or unknown.
4. Facilities that are discovered through field investigative efforts by the PROFESSIONAL but no plan
records or ownership data can be identified will be hereafter referred to as “unknown” utilities. As
part of these services, the PROFESSIONAL will provide QL-C information in the project deliverables
for all unknown utilities that may be identified in the field investigation of the project. Designating
and/or locating unknown utilities will typically not be part of the initial scope of work but depending
on the client’s needs can be added as additional work to address concerns of the project impacts
of “unknown” facilities.
5. Ground penetrating radar will not be used as a part of the field investigation of the project site
unless that use has been specifically addressed with the scope of services described herein.
6. The documented results produced by these services represent a professional opinion and
interpretation based upon record information and/or field evidence. These results may be affected
by a variety of existing site conditions, including soil content, depth of the utility, density of utility
clusters, and electro-magnetic characteristics of the targeted utilities. Also, the lack of and/or poor
condition of a trace wire for non-conductive materials such as PVC, HDPE, etc. in most cases will
make the successful detection and location of the utility unlikely.
7. The PROFESSIONAL will apply professional judgment to determine which utilities require additional
field effort and/or methods to properly designate and/or locate, most commonly when record
drawings are not available. In such cases, the PROFESSIONAL will provide a recommendation or
request for additional services to the CLIENT. Among other methods, a detectable duct rodder or
other conductor may be introduced into the line to enable the designation of the utility. This method
is dependent upon approval by the utility owner, as well as access to, size and condition of the
utility.
8. None of these services are intended to and should not be understood to relieve the CLIENT or others
from the responsibility to comply with the statutory requirements related to notifying the proper
one-call system(s) in advance of any and all excavation, grading and/or construction within the
project site.
SCOPE OF BASIC SERVICES:
The scope of subsurface utility designating and/or locating services for this project is described below.
Survey services to tie utility crossing marks and/or identifiers placed during the subsurface utility
designating and/or locating effort will be provided in this contract.
i. Quality Level ‘B’ through ‘D’ Utility Information & Designation – TNP will provide
utility information, up to QL-“B”, for Jackson Rd a length of 250’ either side of the
existing bridge, just north of Sherwood Lane. Project limits will include all of
existing ROW and 50’ outside of existing ROW on either side.
This work includes:
a. Requesting utility records on all crossing utilities from the CLIENT, public utilities and private
utility companies known to provide service within the project area, as well as other sources,
Exhibit A – Scope of Services
13
in an effort to develop a comprehensive inventory of utility systems likely to be encountered.
Record documents may include construction plans, system diagrams, distribution maps,
transmission maps, geographic information system data, as well as oral descriptions of the
existing systems. The depiction of utilities from records (QL-“C” or “D”) will be based on
thorough field and office activities and shall be based on the most reliable indication of
position available.
b. Visible surface features and appurtenances of subsurface utilities found within the project
site will also be evaluated. Using appropriate surface geophysical methods,
PROFESSIONAL will search for detectible indications of the location of anticipated
subsurface utilities.
c. Marking all locations that can be validated, using paint, flags or other devices.
d. Preparing documentation of the utilities encountered and marked, including their general
location, orientation, type & size, if known.
e. Based on ASCE Standard 38-02 standards, a PDF and 2D CADD file depicting the
subsurface utilities designated signed and sealed by a Professional Engineer.
[continues on next page]
Exhibit A – Scope of Services
14
RIGHT OF WAY
ITEMIZED SCOPE OF SERVICES
1. Right of Entry for Survey
a. Review Appraisal District information to determine parcel ownership.
b. Research landowner’s contact information. Call and/or email landowners to verify parcel
ownership and request the Right of Entry for survey.
c. Mail the Right of Entry request letter to all landowners unless we are able to secure the
Right of Entry electronically first.
d. Provide a weekly status of Right of Entries to the Project Manager.
2. Negotiation Services
a. Analyze preliminary title report to determine potential title curative issues.
b. Analyze appraisal report if applicable; confirm the CLIENT’s approved value prior to
making an offer for each parcel.
c. Prepare the initial offer letter, instruments of conveyance, and any other documents
required or requested by the CLIENT, on CLIENT approved forms.
d. Send the initial offer, appraisal or title report if applicable, and required brochures to
each property owner or the property owner’s designated representative through CMRRR.
Maintain follow-up contacts and secure the necessary instruments upon acceptance of the
offer for the closing.
e. Make four (4) diligent attempts to contact each property owner, after which the property
owner will be considered non-responsive, and negotiations will be considered exhausted.
f. Prepare and maintain a negotiator’s report for each parcel.
g. Receive any counteroffers from the property owner. Evaluate all counters and submit to
and discuss them with the CLIENT’s Project Manager.
h. After concurrence of CLIENT Project Manager, prepare final offer letter and mail
conveyance documents by CMRRR.
3. Title and Closing Services (combined)
Exhibit A – Scope of Services
15
a. Secure preliminary title commitment or preliminary title search, and 5-year sales data
from Title Company that will be providing title insurance.
b. Secure title insurance for all parcels acquired, ensuring acceptable title to the CLIENT.
Written approval by the CLIENT is required for any exception.
c. The curative services necessary to provide clear title to the CLIENT is the responsibility of
the PROFESSIONAL.
d. The PROFESSIONAL provides closing services in conjunction with the Title Company.
e. Any fee related to obtaining certified court documents and fees for recording the same,
which are not collected at the closing of the parcel, shall be direct pass-through fees at
the exact cost.
f. The PROFESSIONAL shall cause the recordation of all instruments conveying property to
the CLIENT. The cost of the recording fees and filing fees are paid by CLIENT and are not
included in the PROFESSIONAL’s negotiated fee schedule.
4. Real Estate Appraisal Services
a. Appraisers will provide advance notice of the date and time of their appraisal inspections
of the subject property to the PROFESSIONAL’S Project Manager.
b. Appraisers will prepare and conduct personal pre-appraisal contact with interest owners
for each parcel.
c. Appraisers will contact property owners or their designated representative to offer an
opportunity to accompany the appraiser on the appraiser’s inspection of the subject
property. Maintain a record of contact in the file.
d. For an initial appraisal assignment, prepare an appraisal report for each parcel to be
acquired utilizing appropriate appraisal forms. These reports shall conform to policies and
procedures along with the Uniform Standards of Professional Appraisal Practices as
promulgated by the Appraisal Foundation.
e. PROFESSIONAL will review and recommend completed appraisals for approval by the
CLIENT Staff or assigns.
f. Should revisions or updates to appraisal reports be requested by the CLIENT,
PROFESSIONAL will submit associated fees to CLIENT for approval before authorizing
such revisions or updates.
Exhibit A – Scope of Services
16
Attachment B
Teague Nall and Perkins, Inc.
2022 Standard Hourly Rates (vers 040422)
Effective January 1, 2022 to December 31, 2022
Hourly
Engineering/Landscape Architecture/ROW Billing Rate
Principal or Director 270.00
Team Leader 260.00
Senior Project Manager 250.00
Project Manager 200.00
Senior Engineer 260.00
Project Engineer 170.00
Engineer III/IV 140.00
Engineer I/II 130.00
Senior Landscape Architect/Planner 200.00
Landscape Architect / Planner 180.00
Landscape Designer 125.00
Senior Designer 165.00
Designer 150.00
Senior CAD Technician 135.00
CAD Technician 120.00
IT Technician 180.00
Clerical 85.00
ROW Manager 220.00
Senior ROW Agent 175.00
ROW Agent 135.00
Relocation Agent 170.00
ROW Admin 90.00
Intern 80.00
Surveying
Hourly
Billing Rate
Survey Manager 245.00
Registered Professional Land Surveyor (RPLS) 210.00
Field Coordinator 145.00
S.I.T. or Senior Survey Technician 145.00
Survey Technician 120.00
1-Person Field Crew w/Equipment** 155.00
2-Person Field Crew w/Equipment** 185.00
3-Person Field Crew w/Equipment** 210.00
4-Person Field Crew w/Equipment** 230.00
Flagger 55.00
Abstractor (Property Deed Research) 95.00
Small Unmanned Aerial Systems (sUAS) Equipment & Crew 420.00
Terrestrial Scanning Equipment & Crew 265.00
Exhibit A – Scope of Services
17
Utility Management, Utility Coordination, and SUE Hourly Billing Rate
Senior Utility Coordinator 175.00 Utility Coordinator 160.00
Sr. Utility Location Specialist 165.00
SUE Project Manager $200.00
SUE Engineer $170.00
Utility Location Specialist 100.00
1-Person Designator Crew w/Equipment*** 155.00
2-Person Designator Crew w/Equipment*** 180.00
2-Person Vac Excavator Crew w/Equip (Exposing Utility Only) 300.00 (4 hr. min.)
Core Drill (equipment only) 790.00 per day
SUE QL-A Test Hole (0 < 8 ft)**** 2,200.00 each
SUE QL-A Test Hole (> 8 < 15 ft)**** 2,700.00 each
Construction Management, Construction Engineering and Inspection (CEI) Hourly Billing Rate
Construction Inspector I/II 110.00
Construction Inspector III 120.00
Senior Construction Inspector 140.00
Construction Superintendent 185.00
Senior Project Manager 250.00
Construction Manager 200.00
Senior Construction Manager 250.00
Construction Records Keeper
Direct Cost Reimbursables
120.00
A fee equal to 3% of labor billings shall be included on each monthly invoice for prints, plots,
photocopies, plans or documents on CD, DVD or memory devices, and mileage. No
individual or separate accounting of these items will be performed by TNP or provided on
the invoice.
Any permit fees, filing fees, or other fees related to the project and paid on behalf of
the client by TNP to other entities shall be invoiced at 1.10 times actual cost.
Notes:
All subcontracted and outsourced services shall be billed at rates comparable to TNP’s billing rates above or cost times a multiplier of
1.10.
* Rates shown are for 2022 and are subject to change in subsequent years.
** Survey equipment may include truck, ATV, Robotic Total Station, GPS Units and Digital Level.
*** Includes crew labor, vehicle costs, and field supplies.
[End of Exhibit A]
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5a Agenda Date 8/16/2022 Number
Type Report
Department Finance
Title
Monthly Financial Report - July 2022
Explanation
General Fund
Through July, the General Fund has collected $24.8 million in revenue and spent 81%,
or over $20.2 million, of its budgeted expenditures. From a cash-flow standpoint, the
General Fund is in a similar position as last year, driven primarily by the higher
revenue from Franchise Taxes, ambulance revenues and other service charges, and
insurance/settlement payments recorded as miscellaneous revenue. Sales tax
continues to do well, with 9.6% growth over the previous year. Expenses have
increased from last July, mostly due to payroll increases, including vacation buy back,
and overtime costs.
Sales tax revenue
The City's latest sales tax collections were a continuation of high gains, with an 8%
increase over July of 2021. To date, this puts the City's total gain at 9.6%, or almost
$670,000, over the previous fiscal year. Furthermore, administrative audit
adjustments were minimal, meaning this increase is reflective of continued growth in
economic activity as opposed to adjustments from the comptroller's office. Cities
across the state, DFW, and locally, showed similar results with destination-based
economies like Grapevine, Southlake, and Hurst continuing their sizeable turnaround
from their pandemic lows. With three months left in the fiscal year, Colleyville looks to
finish strong.
Utility Fund
Through July, the Utility Fund has collected 81% of its budgeted revenue and spent
66% of its budgeted expenditures, yielding a stronger surplus than we saw this time
last year. This is due in part to the suspension of late fees and penalties in FY21. As
the summary details, the City's direct revenues have come in above its expenses,
while our operational relationship with the Trinity River Authority accounts for most of
the $2.7 million surplus. The City received its annual true-up from the Trinity River
Authority in April, resulting in about $1 million in costs refunded to the City. Prior to
City Council Agenda Briefing 5a
City of Colleyville Page 2
that, the Authority artificially lowered its invoices to the City in October and November
of this fiscal year, resulting in additional savings. As is the case with every fiscal year,
any savings will go directly into the City's cash-funded Capital Improvement Program
to prevent any future debt issues, as well as reduce any needed rate increases in the
coming year.
The Trinity River Authority is the water/wastewater provider used by Colleyville and
several other local cities. Each year, the Authority apportions its operating budget
among its customer cities based on projected water usage. After the year concludes,
the Authority "trues up" its actual expenditures with its actual revenues. In the event
there is a shortfall, the Authority will charge its customer cities an additional amount.
If there is a surplus, the Authority issues prorated refunds to each customer city.
Drainage Fund
To date, the Drainage Utility Fund has received 84% of its budgeted revenue and
spent 70% of its expenditures. This fund's cash flow is stronger than the previous
year, with a surplus of $382,000, led by lower spending on debt service. The fund paid
off its remaining municipal revenue bond in FY21, resulting in annual savings of almost
$130,000. Some savings are also due to one vacancy. As for revenue, the Fund is on
track to collect over one million dollars in fee revenue through the end of the fiscal
year. As with other operating funds, any year-end surplus in this fund will be moved to
the Drainage Capital Fund for use in the City's Capital Improvement Plan.
Hotel Fund
COVID-related economic disruptions obviously took a toll on any travel-related
revenues in the last few years, but the Hotel Occupancy Tax Fund has kept a strong
fund balance. Fortunately, travel activities are on the rise and revenue in this fund is
making a comeback. While revenue still isn't quite as strong as we've seen prior to
COVID, it has nevertheless doubled from FY21. Last year's ending fund balance came
to $245,000, and the current balance is sitting at just over $166,000. Costs funded
include personnel related directly to advertising the City as well as Colleyville Center
costs and some special events. The cash position throughout this year has improved
significantly over last year.
Debt Service Fund
Being predominately funded through property taxes, the Debt Service fund has
received most of its revenue this year. Cash-flow for this fund is very predictable, as
most revenues are recognized in December/January and debt service payments occur
twice annually, with lease payments also occurring throughout the year. As of the July
figures, the fund is running a deficit of about $178,000 after its first scheduled bond
payment and some lease payments this year. It should be noted our updated property
tax forms necessitate a planned spend down of fund balance by $194,000 this year.
With Colleyville's current debt service schedule, all bonded debt is on track to be paid
off by FY27.
City Council Agenda Briefing 5a
City of Colleyville Page 3
Attachments
1. July 2022 MFR
2. Report Period July 2022
83%
81%
FY22 Budget FY22 YTD % of
Budget FY21 YTD
FY21% of
Budget
Revenues 25,659,689$ 24,780,304$ 97%23,551,742$ 94%
Expenditures 25,130,144$ 20,232,061$ 81%19,918,055$ 76%
529,545$ 4,548,243$ 3,633,687$
General Fund Highlights
Revenue (FY22/FY21)
Property Tax + $44k Sales Tax + $295k Franchise Tax + $148k
Licenses + $68k Other Revenue + $667k Total Rev + $1,222k
Expenditures (FY22/21)
Personnel + $478k Contractual -$116k Supplies -$36k
Capital -$12k Transfers $ 0k Total Exp + $314k
Monthly Financial Report - July 2022
% of year Completed
% of Budget SpentGeneral Fund
Through July,the General Fund has collected $24.8m in revenue and spent 81%,or over
$20.2m,of its budgeted expenditures. From a cash-flow standpoint,the General Fund is in a
similar position as last year, driven primarily by the higher revenue from Franchise Taxes,
ambulance revenues and other service charges,and insurance/settlement payments
recorded as miscellaneous revenue. Sales tax continues to be a bright spot as well, with
9.6%growth over the previous year. Expenses are up significantly from last July, mostly due
to payroll increases, including vacation buy back and overtime costs.
$(5)
$-
$5
$10
MillionsGeneral Fund Cash Flow Budget FY22 5 Yr Avg
1
Revenue Highlight: Property Tax
Revenue Highlight: Sales Tax
MTD Increase YTD Increase
8.1%
The City's latest sales tax collections were a continuation of high gains, with an 8% increase over
June of 2021. To date, this puts the City's total gain at 9.6%, or almost $670,000, over the
previous fiscal year. Furthermore, administrative audit adjustments were minimal, meaning this
increase is reflective of continued growth in economic activity as opposed to adjustments from the
comptroller's office. Cities across the state, DFW, and locally showed similar results, with
destination-based economies like Grapevine, Southlake, and Hurst continuing their sizeable
turnaround from their pandemic lows. With 3 months left in the fiscal year, Colleyville looks to
finish strong.
9.6%
Monthly Financial Report - July 2022
Colleyville is planning to receive $15.64m in General Fund property tax this year, which makes for
a small increase over actual FY21 property tax receipts.It should be noted that this increase
comes from taxes off of new property,as opposed to increased taxes on existing property inside
the City.As with last fiscal year, Colleyville's FY22 budget has been balanced using the no-new-
revenue tax rate.
$15,583,512 $15,539,824
$56,488 $73,317
0%
10%
20%
30%
40%
50%
60%
70%
80%
90%
100%
FY22 FY21
Collected to Date Collected Later
$-
$2,000,000
$4,000,000
$6,000,000
$8,000,000
$10,000,000
2022 2021 2020 2019 2018 2017 5-Yr Avg
Total FY22 Sales Tax Receipts (Comparison)
Fiscal Year-to-Date FY Actuals FY Budget
2
83%
66%
FY22 Budget FY22 YTD % of
Budget FY21 YTD
FY21% of
Budget
Revenues 18,088,176$ 14,726,867$ 81%12,465,652$ 71%
Expenditures 18,088,176$ 12,024,279$ 66%10,743,335$ 61%
-$ 2,702,588$ 1,722,317$
Breakout of City's revenues/expenses from those related to the Trinity River Authority:
FY22 Budget FY22 YTD FY22 Budget FY22 YTD
Revs 14,359,032$ 11,688,113$ Revs 3,729,144$ 3,038,754$
Exps 13,909,032$ 9,099,949$ Exps 3,729,144$ 2,924,330$
Net 450,000$ 2,588,164$ Net -$ 114,424$
Annual Trinity River Authority True-Up
Expenditures (FY22/21)
Personnel -$50k Contractual + $1,357k Supplies -$64k
Capital + $15k Transfers + $23k Total Exp + $1,281k
Mostly TRA costs ↓
The Trinity River Authority is the water/wastewater provider used by Colleyville and several other
local cities. Each year, the Authority apportions its operating budget among its customer cities based
on projected water usage. After the year concludes, the Authority "trues up" its actual expenditures
with its actual revenues. In the event there is a shortfall, the Authority will charge its customer cities
an additional amount. If there is a surplus, the Authority issues prorated refunds to each customer
city.
Through July, the Utility Fund has collected 81% of its budgeted revenue and spent 66% of its
budgeted expenditures, yielding a stronger surplus than we saw this time in the previous year. This is
due in part to the suspension of late fees and penalties in FY21.As summary above shows, the
City's direct revenues have come in above its expenses, while our operational relationship with the
Trinity River Authority accounts for most of the $2.7m surplus. The City received its annual true-up
from the Trinity River Authority in April, resulting in about $1 million in costs refunded to the City.
Prior to that, the Authority artificially lowered its invoices to the City in October and November of this
fiscal year, resulting in additional savings .As is the case with every fiscal year,any savings will go
directly into the City's cash-funded capital improvement program to prevent any future debt issues as
well as reduce any needed rate increases in the coming year.
Monthly Financial Report - July 2022
Water/Sewer Utility Fund % of Budget Spent
% of year Completed
*TRA Revenue/Expense Summary City Revenue/Expense Summary
Colleyville's rate structure enables the City to more easily manage years of varying water
consumption from year-to-year. The majority of the City's rate is comprised of a direct pass-through
to TRA for water costs. Funding for the City's operational costs come from a fixed monthly charge to
customers based on meter size. The goal of this fund is to break-even at the end of the year.
3
83%
70%
FY22
Budget FY22 YTD % of Budget FY21 YTD
FY21% of
Budget
Revenues 1,030,868$ 868,512$ 84%842,129$ 86%
Expenditures 694,205$ 486,149$ 70%649,666$ 80%
336,663$ 382,362$ 192,463$
Revenue - Drainage Fees
Expenditures (FY22/21)
Personnel -$18k Contractual -$6k
Supplies -$12k Capital/Xfers $0k
Debt Service -$126k Total Exp.-$164k
0.2%FY22/5-Yr Avg 1.0%FY22/FY21
Note: this fund's debt
service is has been retired
as of fiscal year 2021.
Drainage Fund Operation Highlights
To date, the Drainage Utility Fund has received 84% of its budgeted revenue and spent 70% of its
expenditures. This fund's cash flow is stronger than the previous year, with a surplus of $382,000, led by
lower spending on debt service. The fund paid off its remaining municipal revenue bond in FY21,
resulting in annual savings of almost $130,000. Some savings are also due to one vacancy here. As for
revenue, the Fund is on track to collect over one million dollars in fee revenue through the end of the
fiscal year. As with our other operating funds, any year-end surplus in this fund will be moved to the
Drainage Capital Fund for use on the City's capital improvement plan.
Drainage Utility Fund
% of year Completed
% of Budget Spent
Monthly Financial Report - July 2022
$-
$100,000
$200,000
$300,000
$400,000
$500,000
FY22 vs. FY21 Cash Flow
FY22 FY21
4
83%
96%
FY22 Budget FY22 YTD % of
Budget FY21 YTD
Revenues 252,500$ 158,713$ 63%79,993$
Expenditures*247,822$ 237,714$ 96%262,980$
4,678$ (79,001)$ (182,988)$
Monthly Financial Report - July 2022
% of year Completed
% of Budget SpentHotel Tax Fund
COVID-related economic disruptions obviously took a toll on any travel-related revenues in the last
few years,but the Hotel Occupancy Tax Fund has kept a strong fund balance. Fortunately, travel
activities are on the rise and revenue in this fund is making a comeback. While our revenue still
isn't quite as strong as we've seen prior to COVID,it has nevertheless doubled from FY21. Last
year's ending fund balance came to $245,000,and the current balance is sitting at just over
$166,000. Costs funded out of here include personnel related directly to advertising the city as well
as Colleyville Center costs and some special events. The cash position throughout this year has
improved significantly over last year.
Hotel Tax Performance
$-
$50,000
$100,000
$150,000
$200,000
$250,000
Expected Fund Balance vs. Actual Fund Balance (by month)
Actual FY22 Expected FY22
-
50,000
100,000
150,000
200,000
250,000
300,000
FY22 Revenue vs. History
2022 2021 2020 2019
5
83%
97%
FY22 Budget FY22 YTD % of
Budget FY21 YTD FY21% of
Budget
Revenues 627,500$ 617,787$ 98%801,464$ 102%
Expenditures*821,898$ 796,223$ 97%833,146$ 102%
(194,398)$ (178,436)$ (31,681)$
For any questions or comments regarding this report, please contact:
Kyle Lester
Finance Director
City of Colleyville, TX
klester@colleyville.com
817-503-1014
Being predominately funded through property taxes, the Debt Service fund has received most of
its revenue this year. Cash-flow for this fund is very predictable,as most revenues are recognized
in December/January and debt service payments occur twice annually, with lease payments also
occurring throughout the year.As of the July figures, the fund is running a deficit of about
$178,000 after its first scheduled bond payment and some lease payments this year.It should be
noted that our updated property tax forms necessitate a planned spend down of fund balance by
$194,000 this year. With Colleyville's current debt service schedule, all bonded debt is on track to
be paid off by FY27.
Monthly Financial Report - July 2022
% of year Completed
% of Budget SpentDebt Service Fund
$-
$100,000
$200,000
$300,000
$400,000
$500,000
$600,000
2021 2022 2023 2024 2025 2026 2027
Property Tax Backed Debt Service
6
Monthly Financial Report
July 2022
City Council Meeting
August 16, 2022
Agenda Item - Items not for council action
General Fund
General Fund
FY22 Budget FY22 YTD % of
Budget FY21 YTD
FY21 % of
Budget
Revenues $ 25,659,689 $ 24,780,304 97% $ 23,551,742 94%
Expenditures $ 25,130,144 $ 20,232,061 81% $ 19,918,055 76%
$ 529,545 $ 4,548,243 $ 3,633,687
*83% of the year
is completed
MillionsOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ -
$ 2
$ 4
$ 6
$ 8
$ 10
$ (2)
$ (4)
$ (6)
General Fund Cash Flow
Budget FY22 5 Yr Avg
Property Tax Highlight
FY22 FY21
$ 15,583,512 $ 15,539,824
$ 56,488 $ 73,317
Collected to Date Collected Later
Sales Tax Highlight
City/State ComparisonsFY22 YTD Receipts compared to Previous Years
Millions2022 2021 2020 2019 2018 2017 5-Yr
Avg
$ -
$ 1
$ 2
$ 3
$ 4
$ 5
$ 6
$ 7
$ 8
$ 9
$ 10
Total FY22 Sales Tax Receipts (Comparison)
Fiscal Year-to-Date FY Actuals FY Budget
ColleyvilleNorth Richland HillsHurstSouthlakeGrapevineKellerBedfordState CollectionsAll Texas CitiesAll DFW Cities0.00%
5.00%
10.00%
15.00%
20.00%
25.00%
30.00%
35.00%
40.00%
City/State Comparisons
Sales Tax Highlight
Oct Nov Dec Jan Feb Mar Apr May Jun Jul Aug Sep
$ -
$ 200,000
$ 400,000
$ 600,000
$ 800,000
$ 1,000,000
$ 1,200,000
Month over Month Collections
2018 2019 2020 2021 2022
Utility Fund
Utility Fund
FY22 Budget FY22 YTD % of
Budget FY21 YTD FY21 % of
Budget
Revenues $ 18,088,176 $ 14,726,867 81% $ 12,465,652 71%
Expenditures $ 18,088,176 $ 12,024,279 66% $ 10,743,335 61%
$ - $ 2,702,588 $ 1,722,317
*83% of the year
is completed
TRA Revs/Exps
FY22 Budget FY22 YTD
Revenues $ 14,359,032 $ 11,688,113
Expenditures $ 13,909,032 $ 9,099,949
$ 450,000 $ 2,588,164
City Revs/Exps
FY22 Budget FY22 YTD
Revenues $ 3,729,144 $ 3,038,754
Expenditures $ 3,729,144 $ 2,924,330
$ - $ 114,424
Drainage Fund
Drainage Fund
FY22 Budget FY22 YTD % of
Budget FY21 YTD FY21 % of
Budget
Revenues $ 1,030,868 $ 868,512 84% $ 842,129 86%
Expenditures $ 694,205 $ 486,149 70% $ 649,666 80%
$ 336,663 $ 382,362 $ 192,463
*83% of the year
is completed
OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ -
$ 50,000
$ 100,000
$ 150,000
$ 200,000
$ 250,000
$ 300,000
$ 350,000
$ 400,000
$ 450,000
FY22 vs. FY21 Cash Flow
FY22 FY21
Hotel Fund
Hotel Fund
FY22 Budget FY22 YTD % of
Budget FY21 YTD
Revenues $ 252,500 $ 158,713 63% $ 79,993
Expenditures $ 247,822 $ 237,714 96% $ 262,980
$ 4,678 $ (79,001) $ (182,988)
*83% of the year
is completed
OctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember$ -
$ 50,000
$ 100,000
$ 150,000
$ 200,000
$ 250,000
Expected Fund Balance vs. Actual Fund Balance
(by month)
Actual FY22 Expected FY22
Debt Service Fund
Debt Service Fund
FY22 Budget FY22 YTD % of
Budget FY21 YTD FY21 % of
Budget
Revenues $ 627,500 $ 617,787 98% $ 801,464 102%
Expenditures $ 821,898 $ 796,223 97% $ 833,146 102%
$ (194,398) $ (178,436) $ (31,681)
*75% of the year
is completed
2021 2022 2023 2024 2025 2026 2027
$ -
$ 100,000
$ 200,000
$ 300,000
$ 400,000
$ 500,000
$ 600,000
PROPERTY TAX BACKED DEBT SERVICE
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 6a Agenda Date 8/16/2022 Number Ordinance O-22-2212
Type Ordinance
Department Community Development
Title
Consideration of a Special Use Permit for a fence to be located beyond the front facade
of the primary dwelling on Lot 2, Block A, Park View Estate, located at 717 Field
Street, Case ZC22-025
Strategic Plan
4.1 Protect Colleyville's semi-rural residential character
Explanation
Second Reading and Public Hearing
UPDATE: The applicant is unavailable for the August 16, 2022 meeting and
is requesting to table to the September 6, 2022 City Council meeting.
The applicants were present and answered questions regarding the request.
Comments were received during the public hearing, including from the adjacent
neighbor to the north who spoke in favor of the request.
First Reading and Public Hearing
Brian Kenner, the applicant, has submitted a request for a Special Use Permit (SUP)
for a five-foot iron fence with a gate over the driveway and an eight-foot wooden fence
both to be located beyond the front façade of the primary structure on Lot 2, Block A,
Park View Estate being approximately 0.57 acres, and zoned R-20 Single Family
Residential district.
Existing Conditions/Background: The subject property, 717 Field Street, has R-20
zoning and is located at the intersection of Field Street and South Street. The subject
property has a new single family residence.
SUP Request: Request – The applicant is requesting approval of an SUP to allow for a
five-foot iron fence with a gate and an eight-foot wooden fence, both to be forward of
the home. The proposed fence is requested to be placed on the front property line.
Ordinance – Section 3.26 Fences, Free Standing Walls, and Screening Materials
Regulations of the Land Development Code establishes the maximum size and location
of fencing to be permitted by staff on a residential lot:
City Council Agenda Briefing 6a
City of Colleyville Page 2
“E. Fence and Free-Standing Wall Setback Requirement:
1. Front Yards: No fence or freestanding wall greater than thirty (30) inches in height
and no greater than twenty-five (25) percent opaque construction shall be located
beyond the front façade of the primary residential structure.
a. The primary fencing material shall be of wrought iron, pre-formed concrete,
poured in place concrete, concrete masonry unit (CMU), brick, approved wood rail
construction, a combination thereof or other similar material approved by the City
Building Official. All poured in place concrete and CMU shall contain an architectural
finish."
Regulation “1” above applies in this case requiring no fence be allowed to extend
beyond the front façade of the house. The applicant proposes to locate an iron fence
with a gate five-feet in height and an eight-foot wooden fence both to extend beyond
the front facade. The Land Development Code provides the opportunity to request an
SUP to modify from the requirements:
Special Use Permit Provision: Any request for a building permit for a fence/wall
which does not meet the criteria in this Section shall only be authorized after approval
of a Special Use Permit by the City Council using the procedures contained elsewhere
in this Land Development Code.
Analysis: Any request for a residential fence which differs from the Land Development
Code shall only be authorized after approval of a Special Use Permit by the City
Council. The applicant is proposing a five-foot iron fence with gate and an eight-foot
wood fence to be located beyond the front façade of the home. It would be located on
the front property line.
Plat Status: The property is platted as Lot 2, Block A, Park View Estate.
DRC Review: The DRC met on June 20th and determined the case could be scheduled
for the next available Planning and Zoning Commission meeting.
Drainage: NA
Surrounding Development: The properties to the south and west are zoned R-20
and contain single family residential development. The property to the east is zoned
PUD-R Planned Unit Development – Residential and contain single family residential
development. The property to the north is zoned R-10 Single Family Residential and is
improved with uses associated with single family residential development.
Public Notification: Staff mailed notices to all property owners within 500 feet as
well as any Homeowners Associations within 1,000 feet of the subject property
regarding this request. Grapevine-Colleyville ISD, where the subject property is
City Council Agenda Briefing 6a
City of Colleyville Page 3
located, was notified per State law. Notice was published in the Fort Worth Star-
Telegram as required by State law and the Land Development Code.
Staff Recommendation: Staff recommends denial of the requested SUP as it does
not meet the technical requirements of the Land Development Code.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended approval of the eight-foot wood fence only at their July 11,
2022 meeting by a vote of 4-0.
Financial Impact
There is no financial impact to the City.
Recommendation
Denial
Attachments
1. Request to Table to September 6, 2022 CC Meeting
2. Aerial Map
3. Zoning Map
4. Future Land Use Map
5. Site Plan - Fence Detail
6. Street View 1
7. Street View 2
8. Notification Map
9. Notification Letter
10. Notification List
11. Ordinance O-22-2212
1
Ben Bryner
Subject:RE: Planning and Zoning Meeting
From: Kenner, Brian < >
Sent: Tuesday, August 9, 2022 8:40 AM
To: Jackie Reyff <JReyff@colleyville.com>
Cc: Ashley Hamm < >; Ben Bryner <BBryner@colleyville.com>; Dakari Hill <DHill@colleyville.com>
Subject: Re: Planning and Zoning Meeting
Yes needs to be tabled until the 6th of September please.
On Tue, Aug 9, 2022 at 8:05 AM Jackie Reyff <JReyff@colleyville.com> wrote:
Mr. Kenner,
The next City Council meeting is on August 16, 2022. The next meeting after that is September 6th. If you need to move
your case to the 6th meeting date then we’ll need an email requesting your case to be tabled to the 6th.
If you have any further questions, I may be reached by phone or email.
Jackie
Jacquelyn Reyff, AICP
Planning Manager
817.503.1056
Integrity ~ Communication ~ Excellence ~ Transparency
ATTENTION ALL PUBLIC OFFICIALS: A “Reply to All” of this e-mail could lead to violations of the Texas Open Meeting Act. Please reply only to the
sender.
From: Kenner, Brian < >
Sent: Tuesday, August 9, 2022 7:09 AM
To: Jackie Reyff <JReyff@colleyville.com>
Cc: Ashley Hamm < >; Ben Bryner <BBryner@colleyville.com>; Dakari Hill <DHill@colleyville.com>
Subject: Re: Planning and Zoning Meeting
2
Hi Jackie,
When is the next meeting? I believe we can’t make it but would need the date available for the next meeting.
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CASA LANESOUTHDRIVE PLEASANT RUN ROADCH U R C H S T R EE T
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THOMAS STREET
HILLSID E ROAD
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Aerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC22-025 K717 Field Street
Subject Property
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CASA LANESOUTHDRIVE PLEASANT RUN ROADCH U R C H S T R EE T
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THOMAS STREET
HILLSID E ROAD
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Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC22-025 K717 Field Street
Subject Property
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5201
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CASA LANESOUTHDRIVE PLEASANT RUN ROADCH U R C H S T R EE T
EUDA LY DRIVE
FIELD ST REE T
MIS S ION LA NE
V E R A N D A L A N E
REGINA C OUR T
THOMAS STREET
HILLSID E ROAD
C E N T R A L D R I V E
Future Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC22-025 K717 Field Street
Subject Property
Residential
Colleyville Blvd Corridor
Open Space; Parks
DocuSign Envelope ID: 1417E78B-91C6-4876-9D8D-2E7E934CEAE4
BRANSFORD ROADM AIN S TR E ET PLEASANT RUN ROADCASA LANESOUTHDRIVE
VILLAGELANEV ER A N DA L AN E
REGINA C OUR TFIELD ST REE T
EUDA LY DRIVE
COLLEYVILLE TE RRA CE
THOMA S STREET
C E N T R A L D R IV E
HILLSID E ROAD
Notification Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC22-025 K717 Field Street
Subject Property
500ft Buffer
Properties within 500ft
NOTICE OF PUBLIC HEARING
«Owner_Name»
«Owner_Address»
«Owner_City» «Owner_Zip»
The City of Colleyville has scheduled public hearings concerning the below referenced request on the
following dates and location:
Planning and Zoning Commission Meeting: Monday, July 11, 2022 at 7:00 p.m.
City Council Meetings: Tuesday, August 2, 2022 & Tuesday, August 16, 2022 at 7:30 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a Special Use Permit for a Fence to be located beyond
the front façade of the primary dwelling. The purpose of the request is to
allow for a wood and iron fence with an iron driveway gate to encroach
into the 30-foot required front yard setback.
Zoning Case:ZC22-025
Applicant:Brian Kenner
Owner: Brian Kenner
Location:717 Field Street
Property Description:Lot 2, Block A, Park View Estate
Present Zoning:R-20 Single Family Residential
This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will
be placed on the next available City Council agenda as listed above. Rezoning requests, zoning
amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning
change request. If you are unable to attend, but wish to have your opinions made a part of the public record,
please submit written comments prior to the public hearing, to the address below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
If the property owners of 20% or more of the land within the 200 foot notification area file a written protest
prior to the public hearing, State law provides that the approval of the zoning change request shall require
the approval of a super majority vote by City Council.
NOTICE OF PUBLIC HEARING
The application is on file for public examination in the Community Development Department at 100 Main
Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and
Active Development Case map (please use your phone’s camera to scan QR code below):
For additional information, please contact the Community Development Department at 817.503.1056.
Please reference the zoning case number when requesting information.
Jacquelyn Reyff
Principal Planner
jreyff@colleyville.com
Owner Name Owner Address Owner City
2021VECO LLC 6406 CUTTER RIDGE CT COLLEYVILLE, TX
BANKS, JAMES 715 CENTRAL DR COLLEYVILLE, TX
BARNES, MICHAEL 812 REGINA CT COLLEYVILLE, TX
BELL, MICHAEL W 816 REGINA CT COLLEYVILLE, TX
BENNETT, LORI 611 FIELD ST COLLEYVILLE, TX
BERGMAN, JONAS 612 FIELD ST COLLEYVILLE, TX
BRUNKEN, JOHN E. JR.7204 BELLE MEADE DR COLLEYVILLE, TX
CARDINI, CHRISTOPHER 821 REGINA CT COLLEYVILLE, TX
CHACKO, RAIBU 817 REGINA CT COLLEYVILLE, TX
CHANDLER, LEA 508 TUCKER ST MCKINNEY, TX
CLARKE PRODUCTS INC 820 CENTRAL DR COLLEYVILLE, TX
COLLEYVILLE HEIGHTS 816 REGINA CT COLLEYVILLE, TX
CRANDALL, BRUCE 5412 PLEASANT RUN RD COLLEYVILLE, TX
D & V WALKER PROPERTIES LLC 5501 NORMANDY DR COLLEYVILLE, TX
DS & RS PROPERTIES LLC 2421 ARBOR GATE LN COLLEYVILLE, TX
DUKE, JAMES 812 CENTURY DR COLLEYVILLE, TX
FIGUEROA FAMILY REVOCABLE TRUS 817 CENTRAL DR COLLEYVILLE, TX
FLUEGEL, KYLE 801 THOMAS ST COLLEYVILLE, TX
GABLE, MICHAEL 813 CENTRAL DR COLLEYVILLE, TX
GARCIA, ANNETTE PO BOX 1466 COLLEYVILLE, TX
GARCIA, JOHN 616 EUDALY DR COLLEYVILLE, TX
GARRETT, RUSSELL W 820 REGINA CT COLLEYVILLE, TX
GRACIA, MACEDONIO 803 THOMAS ST COLLEYVILLE, TX
GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX
GREENBERG, MICHELLE 804 REGINA CT COLLEYVILLE, TX
GRIFFIN, TIMOTHY S 828 REGINA CT COLLEYVILLE, TX
GROFFMAN, STEVEN 815 CENTRAL DR COLLEYVILLE, TX
HALEY, JASON B 711 CENTRAL DR COLLEYVILLE, TX
HARRIS, FRANK H 5509 SOUTH DR COLLEYVILLE, TX
HASELTINE, MARILYN L 704 FIELD ST COLLEYVILLE, TX
HELM, ERIC 825 REGINA CT COLLEYVILLE, TX
HENIGSMITH, CECIL 705 THOMAS ST COLLEYVILLE, TX
INGRAM, TERESA 808 REGINA CT COLLEYVILLE, TX
JOHNSTON, NICHOLAS 705 EUDALY DR COLLEYVILLE, TX
KELLEY, CHARLES S 705 HILLSIDE RD COLLEYVILLE, TX
KELLOGG FAMILY TRUST 824 REGINA CT COLLEYVILLE, TX
KENNER, ASHLEY 717 FIELD ST COLLEYVILLE, TX
KIM & DEBORAH SHELTON TRUST 813 REGINA CT COLLEYVILLE, TX
LAIBLY, CATHEY 704 EUDALY DR COLLEYVILLE, TX
LALA FAMILY TRUST 816 CENTRAL DR COLLEYVILLE, TX
LONG, MATTHEW 805 REGINA CT COLLEYVILLE, TX
MAX, RICHARD W 700 FIELD ST COLLEYVILLE, TX
MCDONALD, CEACY SAMANTHA 814 CENTRAL DR COLLEYVILLE, TX
MCNARY PROPERTIES 1230 BROWN TR STE 107 BEDFORD, TX
MISKO, SUSAN R 716 CENTRAL DR COLLEYVILLE, TX
MITCHELL, JEWELL O 800 THOMAS ST COLLEYVILLE, TX
MOORE, KAREN JEAN PO BOX 694 COLLEYVILLE, TX
PAYNE, KAREN M 608 FIELD ST COLLEYVILLE, TX
PICKENS, ROSEMARY 708 THOMAS ST COLLEYVILLE, TX
RAINES, ESTHER DELEON 605 FIELD ST COLLEYVILLE, TX
REYNOLDS, GILES 714 CENTRAL DR COLLEYVILLE, TX
ROEMING, BRANTON F 805 THOMAS ST COLLEYVILLE, TX
STOUVENEL RYAN FOREST 607 FIELD ST COLLEYVILLE, TX
TIPTON, CAROL A 701 FIELD ST COLLEYVILLE, TX
TUMPAK, SCOTT 809 REGINA CT COLLEYVILLE, TX
TURNER, CHRISTINE 713 CENTRAL DR COLLEYVILLE, TX
VENABLE, JONATHAN 700 EUDALE DR COLLEYVILLE, TX
WARNER, RICHARD D 5408 SOUTH DR COLLEYVILLE, TX
WELCH, DONALD 713 FIELD ST COLLEYVILLE, TX
WESCOAT, BRYAN S 804 COLLEYVILLE TERR COLLEYVILLE, TX
WILLIAMSON, LAWRENCE 709 THOMAS ST COLLEYVILLE, TX
WILLIAMSON, PENNY S 713 THOMAS ST COLLEYVILLE, TX
YOUNG, CLINT 811 CENTRAL DR COLLEYVILLE, TX
ORDINANCE O-22-2212
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON 0.57 ACRES, ON LOT 2, BLOCK A, PARK VIEW ESTATE,
LOCATED AT 717 FIELD STREET BY AUTHORIZING A SPECIAL USE
PERMIT FOR A FENCE TO BE LOCATED BEYOND THE FRONT FAÇADE
OF THE PRIMARY DWELLING; PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a Special
Use Permit for a fence to be located beyond the front facade of
the primary dwelling under Case No. ZC21-025; and
WHEREAS,the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to amend the City’s zoning ordinance; and
WHEREAS,the Planning and Zoning Commission, has given reasonable
consideration to, among other things, the character of the
City’s zoning districts and their peculiar suitability for particular
uses, with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the
City; and
WHEREAS,the City Council is of the opinion that the change in zoning
provided for herein should be made, in compliance with the
City Charter, and state law with reference to changes to zoning
classifications under the City’s zoning ordinance and zoning
map, having given the requisite notices required by law and
having held public hearings affording all interested persons and
property owners a full and fair opportunity to be heard.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a Special Use Permit for a fence to be located
beyond the front façade of the primary dwelling on lot on 0.57
acres, being Lot 2 Block A, Brown Addition, located at 717 Field
Street, as depicted on the attached as Exhibit “A”.
Ordinance O-22-2212
Page 2 of 3
Sec. 2. THAT the above described tract of land shall be used only in
the manner and for the purposes provided by the
Comprehensive Zoning Ordinance of the City of Colleyville as
heretofore amended, and as amended herein.
Sec. 3. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The Special Use Permit shall apply to an iron fence five-
feet in height with an iron gate and a wooden fence
eight-feet in height to extend beyond the front façade of
the house being located on the front property line.
b. It shall be generally consistent with the site plan and as
depicted on the attached Exhibit “B”.
c. All requirements of the Land Development Code shall be
met, except where amended herein.
Sec. 4. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the
same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Colleyville, and upon conviction shall
be punishable by a fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 6. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 7. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
Ordinance O-22-2212
Page 3 of 3
The first reading and public hearing being conducted on the 2nd day of
August 2022.
The second reading and public hearing being conducted on the 16th day of
August 2022.
PASSED AND APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 16TH
DAY OF AUGUST 2022.
Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye
Callie Rigney, Place 6 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A” - Location and Zoning Map
Exhibit “B” – Site Plan
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 6b Agenda Date 8/16/2022 Number Ordinance O-22-2213
Type Ordinance
Department Community Development
Title
Consideration of amendments to Chapter 3 of the Land Development Code to not
require a variance for non-conforming lots of record where the deviation is not more
than fifteen percent (15%) of a dimensional regulation, specifically amending Section
3.7B Non-conforming Lots of Record, Case GC22-008
Strategic Plan
4.3 Adopt best-practice planning and development processes
Explanation
Second Reading and Public Hearing
There were no speakers at the August 2, 2022 meeting. The City Council asked for
alternative language to be provided clarifying administrative approval shall be required
when the deviation is no more than 10% of a regulation. The City Attorney drafted the
additional language included in the ordinance.
First Reading and Public Hearing
The City recently has reviewed several cases where a non-conforming lot of record
required a variance to the lot area regulation for the zoning district prior to a building
permit issued for improvements to the property. In most cases, the neighborhoods
where the lots exist had been platted in this configuration for decades. The City
Council asked staff to provide an amendment to the Land Development Code that
would exempt a non-conforming lot of record from needing to receive a variance
approval when the deviation is no more than 15% of a regulation governing lot
dimensions.
Staff Recommendation: Staff recommends approval of the LDC amendment.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended approval contingent on the deviation being no more than
10% at their July 11, 2022 meeting by a vote of 4-0.
Financial Impact
There is no financial impact to the City.
City Council Agenda Briefing 6b
City of Colleyville Page 2
Recommendation
Approve
Attachments
1. Amendments to Section 3.7.B Non-Conforming Lots of Record
2. Ordinance O-22-2213
Section 3.7 – Non-conforming Uses, Lots and Buildings
B. Non-conforming Lots of Record – In any zoning district in which single-family dwellings or
commercial buildings are permitted, a single-family dwelling or commercial building and customary
accessory buildings may be erected on any single lot of record at the effective date of adoption or
amendment of this Chapter, notwithstanding limitations imposed by other provisions of this Chapter;
provided, that such lot must be in separate ownership, and must conform with the district regulations
governing minimum lot size and yard dimensions for the district in which such lot is located. Variance
of district regulations governing minimum lot size or minimum yard dimensions shall be
obtained only through action of the City Council per Chapter 1, Section 1.13.D and Sections 1.16.E.
Exception: Notwithstanding the foregoing, the Community Development Director (or their designee)
may administratively approve a variance to a regulation governing lot dimensions (i.e., lot area, lot
width, and lot depth) without City Council approval where the variance will not modify the existing
lot dimensions by more than ten percent (10%).
*red indicates new proposed language
ORDINANCE O-22-2213
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 3, SECTION 3.7.B NON-CONFORMING LOTS OF RECORD OF
THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE
RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO
THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS,the City Council of the City of Colleyville approved Ordinance
O-00-1214 on April 18, 2000, adopting the Land Development
Code; and
WHEREAS, the City of Colleyville desires to amend Chapter 3, Section
3.7.B Non-Conforming Lots of Record of the Land Development
Code; and
WHEREAS, notice of a public hearing before the City Council was published
in a newspaper of general circulation in Colleyville at least 15
days before such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT Chapter 3, Section 3.7.B Non-Conforming Lots of Record
of the Land Development Code is hereby amended to read as
depicted in the attached Exhibit “A”.
Sec. 2. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the
same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Colleyville, and upon conviction shall
be punishable by a fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
Sec. 3. THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Ordinance O-22-2213
Page 2 of 2
Sec. 4. THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 5. THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 2nd day of
August 2022.
The second reading and public hearing being conducted on the 16th day of
August 2022.
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE
16TH DAY OF AUGUST 2022.
Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye
Callie Rigney, Place 6 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt L. Wyatt
City Attorney
Exhibit “A”
Section 3.7 – Non-conforming Uses, Lots and Buildings
B. Non-conforming Lots of Record – In any zoning district in which single-
family dwellings or commercial buildings are permitted, a single-family
dwelling or commercial building and customary accessory buildings may be
erected on any single lot of record at the effective date of adoption or
amendment of this Chapter, notwithstanding limitations imposed by other
provisions of this Chapter; provided, that such lot must be in separate
ownership, and must conform with the district regulations governing
minimum lot size and yard dimensions for the district in which such lot is
located. Variance of district regulations governing minimum lot size or
minimum yard dimensions shall be obtained only through action of the City
Council per Chapter 1, Section 1.13.D and Sections 1.16.E. Exception:
Notwithstanding the foregoing, the Community Development Director (or
their designee) may administratively approve a variance to a regulation
governing lot dimensions (i.e., lot area, lot width, and lot depth) without
City Council approval where the variance will not modify the existing lot
dimensions by more than ten percent (10%).
*red indicates new proposed language
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 7a Agenda Date 8/16/2022 Number Ordinance O-22-2214
Type Ordinance
Department City Manager
Title
Approval of a negotiated settlement between the Atmos Cities Steering Committee and
Atmos Energy Corp., Mid-Tex Division regarding the company's 2022 Rate Review
Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the
negotiated settlement
Strategic Plan
2.1 Provide responsive, efficient city services
Explanation
First Reading and Public Hearing
The City, along with 171 other Mid-Texas Cities Served by Atmos Energy Corporation,
Mid-Tex Division, is a member of the Steering Committee of Cities Served by Atmos
(ACSC). In 2007, the Cities and Atmos Mid-Tex settled a rate application filed by the
Company pursuant to Section 104.301 of the Texas Utilities Code for an interim rate
adjustment commonly referred to as a GRIP filing (arising out of the Gas Reliability
Infrastructure Program legislation). The settlement created a substitute rate review
process, referred to as Rate Review Mechanism (“RRM”), as a substitute for future
filings under the GRIP statute. The Legislature’s GRIP process allowed gas utilities to
receive annual rate increases associated with capital investments. The RRM process
has proven to result in a more efficient and less costly (both from a consumer rate
impact perspective and from a ratemaking perspective) than the GRIP process. Since
2007, there have been several modifications to the original RRM Tariff with the most
recent being adopted in 2018.
2022 RRM Filing
On or about April 1, 2022, Atmos filed a rate request pursuant to the RRM Tariff
adopted by ACSC members. Atmos claimed its cost-of-service in a test year ending
December 31, 2021, entitled it to additional system-wide revenues of $141.3 million.
Application of the standards set forth in ACSC’s RRM Tariff required Atmos to reduce
its request to $115 million, $83.26 million of which would be applicable to ACSC
members. ACSC’s consultants concluded the system-wide deficiency under the RRM
regime should be $95.8 million instead of the claimed $141.3 million. After the
Company reviewed ACSC’s consultants’ report, ACSC’s Executive Committee and the
Company negotiated a settlement whereby the Company would receive an increase of
$115 million.
City Council Agenda Briefing 7a
City of Colleyville Page 2
Financial Impact
The impact of the settlement on average residential rates is an increase of $4.60 on a
monthly basis, or 6.7 percent. The increase for average commercial usage will be
$14.34 or 4.3 percent. New rates become effective October 1, 2022.
Recommendation
Approve
Attachments
1.Ordinance O-22-2214
2.Exhibit A - Tariffs
3.Exhibit B - Pension Benchmark
ORDINANCE O-22-2214
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, APPROVING
A NEGOTIATED SETTLEMENT BETWEEN THE ATMOS CITIES
STEERING COMMITTEE (“ACSC”) AND ATMOS ENERGY CORP., MID-
TEX DIVISION REGARDING THE COMPANY’S 2022 RATE REVIEW
MECHANISM FILING; ADOPTING TARIFFS THAT REFLECT RATE
ADJUSTMENTS CONSISTENT WITH THE NEGOTIATED SETTLEMENT;
ESTABLISHING A BENCHMARK FOR PENSIONS AND RETIREE
MEDICAL BENEFITS; APPROVING AMORTIZATION OF REGULATORY
LIABILITY; REQUIRING THE COMPANY TO REIMBURSE ACSC’S
REASONABLE RATEMAKING EXPENSES; ADOPTING A SAVINGS
CLAUSE AND DECLARING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville, Texas (“City”) is a gas utility customer
of Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or
“Company”), and a regulatory authority with an interest in the
rates, charges, and services of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee
(“ACSC”), a coalition of similarly-situated cities served by
Atmos Mid-Tex (“ACSC Cities”) that have joined together to
facilitate the review of, and response to, natural gas issues
affecting rates charged in the Atmos Mid-Tex service area; and
WHEREAS, ACSC and the Company worked collaboratively to develop a
Rate Review Mechanism (“RRM”) tariff which allows for an
expedited rate review process by ACSC Cities as a substitute
to the Gas Reliability Infrastructure Program (“GRIP”) process
instituted by the Legislature, and will establish rates for the
ACSC Cities based on the system-wide cost of serving the
Atmos Mid-Tex Division; and
WHEREAS, the current RRM tariff was adopted by the City by Resolution
R-18-4306 in 2018; and
WHEREAS, on about April 1, 2022, Atmos Mid-Tex filed its 2022 RRM rate
request with ACSC Cities based on a test year ending
December 31, 2021; and
WHEREAS, ACSC coordinated its review of the Atmos Mid-Tex 2022 RRM
filing through its Executive Committee, assisted by ACSC’s
attorneys and consultants, to resolve issues identified in the
Company’s RRM filing; and
Ordinance O-22-2214
Page 2 of 4
WHEREAS, the Executive Committee, as well as ACSC’s counsel and
consultants, recommend ACSC Cities approve an increase in
base rates for Atmos Mid-Tex of $115 million applicable to
ACSC Cities with an Effective Date of October 1, 2022; and
WHEREAS, ACSC agrees Atmos plant-in-service is reasonable; and
WHEREAS, with the exception of approved plant-in-service, ACSC is not
foreclosed from future reasonableness evaluation of costs
associated with incidents related to gas leaks; and
WHEREAS, the attached tariffs (Exhibit A) implementing new rates are
consistent with the recommendation of the ACSC Executive
Committee, are agreed to by the Company, and are just,
reasonable, and in the public interest; and
WHEREAS, the settlement agreement sets a new benchmark for pensions
and retiree medical benefits (Exhibit B); and
WHEREAS, the RRM Tariff contemplates reimbursement of ACSC’s
reasonable expenses associated with RRM applications;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1 THAT the findings set forth in this Ordinance are hereby in all
things approved.
Sec. 2 THAT without prejudice to future litigation of any issue
identified by ACSC, the City Council finds the settled amount
of an increase in revenues of $115 million for ACSC Cities
represents a comprehensive settlement of gas utility rate
issues affecting the rates, operations, and services offered by
Atmos Mid-Tex within the municipal limits arising from Atmos
Mid-Tex’s 2022 RRM filing, is in the public interest, and is
consistent with the City’s authority under Section 103.001 of
the Texas Utilities Code.
Sec. 3 THAT despite finding Atmos Mid-Tex’s plant-in-service to be
reasonable, ACSC is not foreclosed in future cases from
evaluating the reasonableness of costs associated with
incidents involving leaks of natural gas.
Ordinance O-22-2214
Page 3 of 4
Sec. 4 THAT the existing rates for natural gas service provided by
Atmos Mid-Tex are unreasonable. The new tariffs attached
hereto and incorporated herein as Exhibit A, are just and
reasonable, and are designed to allow Atmos Mid-Tex to
recover annually an additional $115 million from customers in
ACSC Cities, over the amount allowed under currently
approved rates. Such tariffs are hereby adopted.
Sec. 5 THAT the ratemaking treatment for pensions and retiree
medical benefits in Atmos Mid-Tex’s next RRM filing shall be as
set forth on Exhibit B, attached hereto and incorporated herein.
Sec. 6 THAT Atmos Mid-Tex shall reimburse the reasonable
ratemaking expenses of the ACSC in processing the Company’s
2022 RRM filing.
Sec. 7 THAT to the extent any resolution or ordinance previously
adopted by the Council is inconsistent with this ordinance, it is
hereby repealed.
Sec. 8 THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 9 THAT this ordinance shall take effect immediately from and
after its passage with rates authorized by attached tariffs to be
effective for bills rendered on or after October 1, 2022.
Sec. 10 THAT a copy of this ordinance shall be sent to Atmos Mid-Tex,
care of Chris Felan, Vice President of Rates and Regulatory
Affairs Mid-Tex Division, Atmos Energy Corporation, 5420 LBJ
Freeway, Suite 1862, Dallas, Texas 75240, and to Thomas
Brocato, General Counsel to ACSC, at Lloyd Gosselink Rochelle
& Townsend, P.C., 816 Congress Avenue, Suite 1900, Austin,
Texas 78701.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 16th day of
August 2022.
Ordinance O-22-2214
Page 4 of 4
The second reading and public hearing being conducted on the 6th day of
September 2022.
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE
6TH DAY OF SEPTEMBER 2022.
Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye
Callie Rigney, Place 6 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: R – RESIDENTIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Application
Applicable to Residential Customers for all natural gas provided at one Point of Delivery and measured
through one meter.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 21.55 per month Rider CEE Surcharge $ 0.05 per month 1
Total Customer Charge $ 21.60 per month Commodity Charge – All Ccf $0.36223 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
1Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2022.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: C – COMMERCIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Application
Applicable to Commercial Customers for all natural gas provided at one Point of Delivery and measured
through one meter and to Industrial Customers with an average annual usage of less than 30,000 Ccf.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and Ccf charges to the
amounts due under the riders listed below:
Charge Amount
Customer Charge per Bill $ 63.50 per month Rider CEE Surcharge ($ 0.01) per month 1
Total Customer Charge $ 63.49 per month Commodity Charge – All Ccf $ 0.14137 per Ccf
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Weather Normalization Adjustment: Plus or Minus an amount for weather normalization
calculated in accordance with Rider WNA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
1 Reference Rider CEE - Conservation and Energy Efficiency as approved in GUD 10170. Surcharge billing effective July 1, 2022.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Application
Applicable to Industrial Customers with a maximum daily usage (MDU) of less than 3,500 MMBtu per day
for all natural gas provided at one Point of Delivery and measured through one meter. Service for
Industrial Customers with an MDU equal to or greater than 3,500 MMBtu per day will be provided at
Company's sole option and will require special contract arrangements between Company and Customer.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's monthly bill will be calculated by adding the following Customer and MMBtu charges to the
amounts due under the riders listed below:
Charge Amount Customer Charge per Meter $ 1,204.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.4939 per MMBtu Next 3,500 MMBtu $ 0.3617 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0776 per MMBtu
Gas Cost Recovery: Plus an amount for gas costs and upstream transportation costs calculated
in accordance with Part (a) and Part (b), respectively, of Rider GCR.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled “Daily Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: I – INDUSTRIAL SALES
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Agreement
An Agreement for Gas Service may be required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate I, Customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Application
Applicable, in the event that Company has entered into a Transportation Agreement, to a customer
directly connected to the Atmos Energy Corp., Mid-Tex Division Distribution System (Customer) for the
transportation of all natural gas supplied by Customer or Customer’s agent at one Point of Delivery for
use in Customer's facility.
Type of Service
Where service of the type desired by Customer is not already available at the Point of Delivery, additional
charges and special contract arrangements between Company and Customer may be required prior to
service being furnished.
Monthly Rate
Customer's bill will be calculated by adding the following Customer and MMBtu charges to the amounts
and quantities due under the riders listed below:
Charge Amount Customer Charge per Meter $ 1,204.50 per month First 0 MMBtu to 1,500 MMBtu $ 0.4939 per MMBtu Next 3,500 MMBtu $ 0.3617 per MMBtu All MMBtu over 5,000 MMBtu $ 0.0776 per MMBtu
Upstream Transportation Cost Recovery: Plus an amount for upstream transportation costs in
accordance with Part (b) of Rider GCR.
Retention Adjustment: Plus a quantity of gas as calculated in accordance with Rider RA.
Franchise Fee Adjustment: Plus an amount for franchise fees calculated in accordance with Rider
FF. Rider FF is only applicable to customers inside the corporate limits of any incorporated
municipality.
Tax Adjustment: Plus an amount for tax calculated in accordance with Rider TAX.
Surcharges: Plus an amount for surcharges calculated in accordance with the applicable rider(s).
Imbalance Fees
All fees charged to Customer under this Rate Schedule will be charged based on the quantities
determined under the applicable Transportation Agreement and quantities will not be aggregated for any
Customer with multiple Transportation Agreements for the purposes of such fees.
Monthly Imbalance Fees
Customer shall pay Company the greater of (i) $0.10 per MMBtu, or (ii) 150% of the difference per MMBtu
between the highest and lowest “midpoint” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” during such month, for the MMBtu of Customer’s monthly Cumulative
Imbalance, as defined in the applicable Transportation Agreement, at the end of each month that exceeds
10% of Customer’s receipt quantities for the month.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RATE SCHEDULE: T – TRANSPORTATION
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Curtailment Overpull Fee
Upon notification by Company of an event of curtailment or interruption of Customer’s deliveries,
Customer will, for each MMBtu delivered in excess of the stated level of curtailment or interruption, pay
Company 200% of the midpoint price for the Katy point listed in Platts Gas Daily published for the
applicable Gas Day in the table entitled “Daily Price Survey.”
Replacement Index
In the event the “midpoint” or “common” price for the Katy point listed in Platts Gas Daily in the table
entitled “Daily Price Survey” is no longer published, Company will calculate the applicable imbalance fees
utilizing a daily price index recognized as authoritative by the natural gas industry and most closely
approximating the applicable index.
Agreement
A transportation agreement is required.
Notice
Service hereunder and the rates for services provided are subject to the orders of regulatory bodies
having jurisdiction and to the Company’s Tariff for Gas Service.
Special Conditions
In order to receive service under Rate T, customer must have the type of meter required by Company.
Customer must pay Company all costs associated with the acquisition and installation of the meter.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Provisions for Adjustment
The Commodity Charge per Ccf (100 cubic feet) for gas service set forth in any Rate Schedules utilized
by the cities of the Mid-Tex Division service area for determining normalized winter period revenues shall
be adjusted by an amount hereinafter described, which amount is referred to as the "Weather
Normalization Adjustment." The Weather Normalization Adjustment shall apply to all temperature
sensitive residential and commercial bills based on meters read during the revenue months of November
through April. The five regional weather stations are Abilene, Austin, Dallas, Waco, and Wichita Falls.
Computation of Weather Normalization Adjustment
The Weather Normalization Adjustment Factor shall be computed to the nearest one-hundredth cent
per Ccf by the following formula:
(HSFi x (NDD-ADD) )
WNAFi = Ri
(BLi + (HSFi x ADD) )
Where
i = any particular Rate Schedule or billing classification within any such
particular Rate Schedule that contains more than one billing classification
WNAFi = Weather Normalization Adjustment Factor for the ith rate schedule or
classification expressed in cents per Ccf
Ri = Commodity Charge rate of temperature sensitive sales for the ith schedule or
classification.
HSFi = heat sensitive factor for the ith schedule or classification divided by the
average bill count in that class
NDD = billing cycle normal heating degree days calculated as the simple ten-year
average of actual heating degree days.
ADD = billing cycle actual heating degree days.
Bli = base load sales for the ith schedule or classification divided by the average
bill count in that class
The Weather Normalization Adjustment for the jth customer in ith rate schedule is computed as:
WNA i = WNAF i x q ij
Where q ij is the relevant sales quantity for the jth customer in ith rate schedule.
MID-TEX DIVISION
ATMOS ENERGY CORPORATION
RIDER: WNA – WEATHER NORMALIZATION ADJUSTMENT
APPLICABLE TO: ALL CUSTOMERS IN THE MID-TEX DIVISION UNDER THE RRM TARIFF
EFFECTIVE DATE:
Bills Rendered on or after 10/01/2022
Base Use/Heat Use Factors
Residential Commercial
Base use Heat use Base use Heat use
Weather Station Ccf Ccf/HDD Ccf Ccf/HDD
Abilene 10.58 0.1422 88.85 0.6666
Austin 9.90 0.1372 233.56 0.7819
Dallas 14.17 0.1938 186.38 0.9394
Waco 10.07 0.1308 140.10 0.7170
Wichita
Falls
11.43
0.1398 131.57 0.5610
Weather Normalization Adjustment (WNA) Report
On or before June 1 of each year, the company posts on its website at atmosenergy.com/mtx-wna, in
Excel format, a Weather Normalization Adjustment (WNA) Report to show how the company calculated
its WNAs factor during the preceding winter season. Additionally, on or before June 1 of each year, the
company files one hard copy and an Excel version of the WNA Report with the Railroad Commission of
Texas' Gas Services Division, addressed to the Director of that Division.
Line
No.Description
Pension
Account Plan
Post-
Employment
Benefit Plan
Pension
Account Plan
Supplemental
Executive Benefit
Plan
Post-
Employment
Benefit Plan
Adjustment
Total
(a)(b)(c)(d)(e)(f)(g)
1
Proposed Benefits Benchmark - Fiscal Year 2022 Willis Towers Watson
Report as adjusted (1) (2) (3)1,715,323$ 982,708$ 3,137,022$ 313,319$ (341,412)$
2 Allocation to Mid-Tex 44.72%44.72%76.88%100.00%76.88%
3 Proposed Benefits Benchmark Costs Allocated to Mid-Tex (Ln 1 x Ln 2)767,038$ 439,436$ 2,411,882$ 313,319$ (262,493)$
4 O&M and Capital Allocation Factor 100.00%100.00%100.00%100.00%100.00%
5 Proposed Benefits Benchmark Costs to Approve (Ln 3 x Ln 4) (3)767,038$ 439,436$ 2,411,882$ 313,319$ (262,493)$ 3,669,182$
6
7
8 Summary of Costs to Approve (1):
9
10 O&M Expense Factor (WP_F-2.3, Ln 2)79.88%79.88%38.60%11.00%38.60%
11
12
13 Total Pension Account Plan 612,700$ 931,100$ 1,543,800$
14 Total Post-Employment Benefit Plan 351,016$ (101,335)$ 249,681
15 Total Supplemental Executive Benefit Plan 34,465$ 34,465
16 Total (Ln 13 + Ln 14 + Ln 15)612,700$ 351,016$ 931,100$ 34,465$ (101,335)$ 1,827,946$
17
18 Notes:
19
20
21
2. Mid-Tex is proposing that the Fiscal Year 2022 Willis Towers Watson actuarial amounts shown on WP_F-2.3 and WP_F-2.3.1, be approved by the RRM Cities as the benchmark
amounts to be used to calculate the regulatory asset or liability for future periods. The benchmark amount approved by the RRM Cities for future periods includes only the expense amount.
The amount attributable to capital is recorded to utility plant through the overhead process as described in the CAM.
3. SSU amounts exclude cost centers which do not allocate to Mid-Tex for rate making purposes.
ATMOS ENERGY CORP., MID-TEX DIVISION
PENSIONS AND RETIREE MEDICAL BENEFITS FOR CITIES APPROVAL
TEST YEAR ENDING DECEMBER 31, 2021
Shared Services Mid-Tex Direct
1. Studies not applicable to Mid-Tex or Shared Services are omitted.
WP_F-2.3.1
Page 1 of 1
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 8a Agenda Date 8/16/2022 Number Ordinance O-22-2207
Type Ordinance
Department Community Development
Title
Consideration of a zoning change from R-40 Single Family Residential to R-30 Single
Family Residential zoning district for Lots 2 and 3, Block 3, Stafford Heights
Subdivision, located at 4801 and 4809 Manning Drive, Case ZC22-023
Strategic Plan
4.1 Protect Colleyville's semi-rural residential character
Explanation
Second Reading and Public Hearing
UPDATE: No change of zoning where exists a protest against such change, signed by
the owners of twenty (20) percent or more of either the area of lots or land included in
such proposed change, or lots or land immediately adjoining same and extending two
hundred (200) feet therefrom, filed with the City Secretary, shall be passed except by
a favorable vote of three-fourths (3/4) of all members of the City Council. The
opposition currently stands at 59%.
The applicant was present at the first reading and answered questions from the
Council. The item was tabled at the 2nd reading to the August 16, 2022 City Council
meeting in order to allow for a potential Land Development Code amendment to come
before the Council. The amendment would allow for an administrative review for
platted lots that are substandard where the deviation is no more than 10% of a
regulation governing lot dimensions (lot area, lot width, and lot depth).
First Reading and Public Hearing
Gridiron Realty, LLC, the applicant, has submitted a request for a zoning change on
Lots 2 and 3, Block 3, Stafford Heights Subdivision, being approximately 1.77 acres,
and zoned R-40 Single Family Residential district. The purpose is to rezone from the R-
40 Single Family Residential district to the R-30 Single Family Residential district to
allow for the construction of two new single family homes on two existing platted lots.
There are no new lots proposed.
Existing Conditions/Background: The subject properties, 4801 and 4809 Manning
Drive, reside on the east side of Manning Drive south of the intersection with Glade
Road and have R-40 zoning. The existing lot areas are 38,063 sq. ft., not the required
City Council Agenda Briefing 8a
City of Colleyville Page 2
40,000 sq. ft. There is an existing home, which was built over the lot line that will be
demolished.
Proposed Zoning: Request – The applicant requests to rezone the property from R-
40 to the R-30 district. The minimum standards for the R-30 zoning district are as
follows:
Minimum Lot Size 30,000 square feet
Minimum Lot Width 125 feet
Minimum Lot Depth 125 feet
Front Building Line 35 feet
Side Building Line 10 feet
Rear Building Line 25 feet
Max. Lot Coverage 25%
Max. Impervious Coverage 55%
Analysis: The subject properties are requesting to be rezoned due to the lot size not
in compliance with the current R-40 zoning. Both lots are platted and have existed in
this manner since 1962. The properties were scheduled with the Zoning Board of
Adjustment in May for consideration of a Variance Appeal of the substandard lot size.
There was a motion to approve the Variance; however, it failed by a vote of three ayes
to two nays (four affirmative votes at ZBA are required for a motion to pass).
Therefore, a rezoning to the lot size would allow for the ability to apply for and receive
the necessary building permits to build two new single family homes.
Plat Status: The properties are platted as Lots 2 and 3, Block 3, Stafford Heights
Addition.
DRC Review: The DRC reviewed the request during their May 23, 2022 meeting and
determined the application was complete and may be scheduled for the next available
Planning and Zoning Commission meeting.
Drainage: NA
Surrounding Development: The properties to the north, south, east, and west are
zoned R-40 Single Family Residential district and are improved with single family
residential homes.
Comprehensive Plan: The City’s Comprehensive Plan, Destination Colleyville,
identifies the subject properties as residential. Public Notification: Staff mailed notices
to all property owners within 500 feet as well as any Homeowners Associations within
1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD,
where the subject property is located, was notified per State law. Notice was published
in the Fort Worth Star-Telegram as required by State law and the Land Development
Code.
City Council Agenda Briefing 8a
City of Colleyville Page 3
Staff Recommendation: Staff recommends approval of this request.
Planning and Zoning Commission Recommendation: The Planning and Zoning
Commission recommended approval of the request at their June 13, 2022 meeting by
a vote of 5-0.
Financial Impact
There is no financial impact to the City.
Recommendation
Approve
Attachments
1. Aerial Map
2. Zoning Map
3. Future Land Use Map
4. Statement of Planning Objectives
5. Stafford Heights Plat
6. Survey Plat
7. Notification Map
8. Notification Letter
9. Notification List
10. Letters of Opposition
11. Ordinance O-22-2207
GLA DE R O A D
BEHRENS ROADCHELSEA DRIVERENFR O ROADPRESERVATIONAVENUEARTHU R D R IV E
ROSE STREETBLUEBONNET DRIVEBEHRENS COURTSTAFFORD DRIVEMANNING DRIVEAerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC22-023 K4801 & 4809 Manning D rive
Subject Property
GLA DE R O A D
BEHRENS ROADCHELSEA DRIVERENFR O ROADPRESERVATION AVENUEART HU R D R IV E
ROSE STREETBLUEBONNET DRIVEBEHRENS COURTSTAFFORD DRIVEMANNING DRIVEAG
PU D-R
R-20
R-20
R-40
R-20
R-20
Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC22-023 K4801 & 4809 Manning D rive
Subject Property
GLA DE R O A D
BEHRENS ROADCHELSEA DRIVERENFR O ROADPRESERVATIONAVENUEARTHU R D R IV E
ROSE STREETBLUEBONNET DRIVEBEHRENS COURTSTAFFORD DRIVEMANNING DRIVEFuture Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC22-023 K4801 & 4809 Manning D rive
Subject Property
Residential
Open Space; Parks
STONEBRIDGEDRIVEBEHRENS ROADCHELSEA DRIVEGLA DE R O A D
RENFR O ROADPRESERVATIONAVENUECARMELPLACEARTHU R D R IV E
A V A LON D R IV E
ROSE STREETBLUEBONNET DRIVESTAFFORD DRIVEMANNING DRIVEBEHRENS COURTNotification Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
ZC22-023 K4801 & 4809 Manning D rive
Subject Property
500ft Buffer
Properties within 500ft
NOTICE OF PUBLIC HEARING
«Owner_Name»
«Owner_Address»
«Owner_City» «Owner_Zip»
The City of Colleyville has scheduled public hearings concerning the below referenced request on the
following dates and location:
Planning and Zoning Commission Meeting: Monday, June 13, 2022 at 7:00 p.m.
City Council Meetings: Tuesday, July 5, 2022 & Tuesday, July 19, 2022 at 7:30 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Consideration of a zoning change from the R-40 Single Family Residential
district to the R-30 Single Family Residential district. The request is to
rezone the property to allow for two new single family homes on two
existing platted lots.
Zoning Case:ZC22-023
Applicant:Gridiron Realty LLC
Owners: Sib Bahjat and Nick Bossinakis
Location:4801 and 4809 Manning Drive
Property Description:Lots 2 and 3, Block 3, Stafford Heights Subdivision
Present Zoning:R-40 Single Family Residential
This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the
Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action
on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice.
All interested persons are encouraged to attend the public hearing and express their opinions on the zoning
change request. If you are unable to attend, but wish to have your opinions made a part of the public record,
please submit written comments prior to the public hearing, to the address below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
If the property owners of 20% or more of the land within the 200 foot notification area file a written protest
prior to the public hearing, State law provides that the approval of the zoning change request shall require
the approval of a super majority vote by City Council.
NOTICE OF PUBLIC HEARING
The application is on file for public examination in the Community Development Department at 100 Main
Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and
Active Development Case map (please use your phone’s camera to scan QR code below):
For additional information, please contact the Community Development Department at 817.503.1056.
Please reference the zoning case number when requesting information.
Jacquelyn Reyff
Planning Manager
jreyff@colleyville.com
Owner Name Owner Address Owner City
ALBERT, JOHN M 5004 ROSE ST COLLEYVILLE, TX
BABIN, CHRISTOPHER 1504 GLADE RD COLLEYVILLE, TX
BACA, RICHARD 4713 BEHRENS RD COLLEYVILLE, TX
BENNIE, JAMES 2051 HUGHES RD GRAPEVINE, TX
BURRIS, RACHEL 4809 STAFFORD DR COLLEYVILLE, TX
CAPPA, ROBERT 4800 STAFFORD DR COLLEYVILLE, TX
CASILIO LIVING TRUST 1705 AVALON DR COLLEYVILLE, TX
CHELSEA PARK ADDITION 1816 AVONDALE DR COLLEYVILLE, TX
COPLON, MAHLON 4905 BEHRENS RD COLLEYVILLE, TX
COX, NORMAN LLOYD 4901 BEHRENS RD COLLEYVILLE, TX
CUMMINGS, WILLIAM C 4800 BEHRENS RD COLLEYVILLE, TX
DAVID AND KECIA MALDONADO REVO 1701 GLADE RD COLLEYVILLE, TX
DAVIDSON, MARK 4708 BEHRENS RD COLLEYVILLE, TX
DODSON, DAVID 4701 STAFFORD DR COLLEYVILLE, TX
DUCIC, YADRANKO 1700 GLADE RD COLLEYVILLE, TX
GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX
GRIDIRON REALTY LLC 1450 POST AND PADDOCK ST GRAND PRAIRIE, TX
GRIFFIN, JOHN 1813 AVALON DR COLLEYVILLE, TX
HENNING, JOHN B 4809 MANNING DR COLLEYVILLE, TX
HERRING, CANDY 1600 GLADE RD COLLEYVILLE, TX
HUGGINS, WILLIAM S PO BOX 1047 COLLEYVILLE, TX
KEEFE, ALEX 4713 MANNING DR COLLEYVILLE, TX
LAKES OF SOMERSET 1104 CHATSWORTH CT W COLLEYVILLE, TX
LUTRICK, THOMAS M 4701 MANNING DR COLLEYVILLE, TX
LYNCH, JOHN M 4700 MANNING DR COLLEYVILLE, TX
MAHAN, ROY 4712 STAFFORD DR COLLEYVILLE, TX
MCCOLLOUGH JOYCE B 4912 BEHRENS RD COLLEYVILLE, TX
MILLS, DONALD 4801 STAFFORD DR COLLEYVILLE, TX
NGUYEN, HAI 3933 FRESHWATER DR CARROLLTON, TX
PHILLIPS, VANICE 4713 STAFFORD DR COLLEYVILLE, TX
PHILLIPS, WILLIAM C 4712 MANNING DR COLLEYVILLE, TX
POMROY, PAUL R 4712 BEHRENS RD COLLEYVILLE, TX
PRESERVATION 106 N DENTON TAP RD #210-375 COPPELL, TX
RICKS, GREGORY A 8808 QUEENS CT COLLEGE STATION, TX
SMITH, RICHARD 4901 MANNING DR COLLEYVILLE, TX
SNYDER, JOHN JOSEPH 1701 ROYAL LN APT 1202 FARMERS BRANCH, TX
SPROUSE, MARY G 4704 BEHRENS RD COLLEYVILLE, TX
THE PENCE COMPANY LLC 3428 BROWN TRL BEDFORD, TX
VEACH, GARY E 4709 MANNING DR COLLEYVILLE, TX
WEISS, SABRINA 4709 BEHRENS RD COLLEYVILLE, TX
WINSWORTH, LLOYD 4900 STAFFORD DR COLLEYVILLE, TX
WORD, RAMIE 4900 BEHRENS RD COLLEYVILLE, TX
1
Ben Bryner
Subject:RE: Manning Drive - zoning
From: Kate Phillips < >
Sent: Monday, July 18, 2022 11:00 AM
To: George Dodson; Brandi Elder; George Bond; CKelley; Callie Rigney; Kathy Wheat; Bobby Lindamood
Cc:
Subject: Manning Drive ‐ zoning
Hi,
I am a very concerned property owner that lives at 4712 Manning Drive. I purchased my home knowing that the lots were large but
only one home per lot. Now I heard that a property management company bought the house next door to me and they rent it out.
They want to build two homes across the street from me and rent out. This is devaluing my property. They do not keep up with hone
or yard. I had to call code enforcement several times because tree branches, lawn was over a foot tall.
Please block this from happening next door to me, in my neighborhood, and protect me from property values going down on our
street!
Thank you,
Kate Phillips
4712 Manning Drive
ORDINANCE O-22-2207
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE
ZONING ON APPROXIMATELY 1.77 ACRES, AND BEING, LOTS 2 AND
3, BLOCK 3, STAFFORD HEIGHTS ADDITION, LOCATED AT 4801 AND
4809 MANNING DRIVE, FROM THE R-40 SINGLE FAMILY
RESIDENTIAL TO THE R-30 SINGLE FAMILY RESIDENITAL ZONING
DISTRICT; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE
SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
of the properties from R-40 Single Family Residential to R-30
Single Family Residential district for Case No. ZC22-023; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to amend the City’s zoning ordinance; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration to, among other things, the character of the
City’s zoning districts and their peculiar suitability for particular
uses, with a view to conserving the value of buildings and
encouraging the most appropriate use of land throughout the
City; and
WHEREAS, the City Council is of the opinion that the change in zoning
provided for herein should be made, in compliance with the
City Charter, and state law with reference to changes to zoning
classifications under the City’s zoning ordinance and zoning
map, having given the requisite notices required by law and
having held public hearings affording all interested persons and
property owners a full and fair opportunity to be heard.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
authorizing a change in the zoning from R-40 Single Family
Residential district to R-30 zoning district on 1.77 acres, being
Lots 2 and 3, Block 3, Stafford Heights Addition at 4801 and
4809 Manning Drive as depicted on the attached as Exhibit “A”.
Ordinance O-22-2207
Page 2 of 3
Sec. 2.THAT the above described tract of land shall be used only in
the manner and for the purposes provided by the
Comprehensive Zoning Ordinance of the City of Colleyville as
heretofore amended, and as amended herein.
Sec. 3.THAT the above described tract of land shall be subject to the
following conditions:
1. As depicted in the attached Exhibit “A” and Exhibit “B”.
Sec. 4.THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the
same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Colleyville, and upon conviction shall
be punishable by a fine not to exceed the sum of Two Thousand
Dollars ($2,000.00) for each offense.
Sec. 5.THAT if any section, paragraph, subdivision, clause, phrase or
provision of this ordinance shall be judged invalid or
unconstitutional, the same shall not affect the validity of this
ordinance as a whole or any portion thereof other than that
portion so decided to be invalid or unconstitutional.
Sec. 6.THAT in addition to and accumulative of all other penalties, the
City shall have the right to seek injunctive relief for any and all
violations of this ordinance.
Sec. 7.THAT this ordinance shall take effect immediately from and
after its passage subject to the publication of the caption, as
the law or charter in such cases may provide.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 6th day of July
2022.
The second reading and public hearing being conducted on the 16th day of
August 2022.
Ordinance O-22-2207
Page 3 of 3
PASSED AND APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE
16TH DAY OF AUGUST 2022.
Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye
Place 1, Brandi Elder Aye Place 5, Chuck Kelley Aye
Place 2, George Bond Aye Place 6, Callie Rigney Aye
Place 4, George Dodson Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
APPROVED AS TO FORM:
Whitt Wyatt
City Attorney
Exhibit “A”- Zoning Map
R40
Exhibit “B”- Zoning Exhibit
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 9a Agenda Date 8/16/2022 Number Resolution R-22-4759
Type Resolution
Department Community Development
Title
Consideration of a variance to the provisions of Section 3.24.G, Schedule of District
Regulations of the Land Development Code, specifically for lot area in the RD Two
Family Residential district, for Lot 1, Block 4, Fox Meadows Addition, located at 3307
Huntington Drive, Case VC22-007
Strategic Plan
4.1 Protect Colleyville's semi-rural residential character
Explanation
Reading and Public Hearing
Michael Johnson, the applicant, has submitted a request for a variance to the
provisions of Section 3.24.G, Schedule of District Regulations of the Land Development
Code, specifically for the lot area in the RD Two Family Residential district. The request
is to allow for the lot size of 10,660 square feet.
Existing Conditions/Background: The subject property, 3307 Huntington Drive,
resides at the northeast corner of the intersection of Huntington Drive and Huntington
Court and has RD zoning. The existing lot area is 10,660 sq. ft., not the required
20,000 sq. ft. There is an existing home which will remain and the applicant plans on
building an accessory building.
Requested Variance: The applicant is requesting a variance to the lot size to allow
for a new accessory building to be constructed. The existing RD zoning requires
compliance with R-20 Single Family Residential zoning, which requires a minimum of
20,000 sq. ft. for the lot size, when developed with a single family residential use. The
variance would allow for the existing lot size of 10,660 sq. ft.
Ordinance – Chapter 3 – Land Use – Section 3.24.G Schedule of District Regulations
The minimum standards for the R-20 zoning district are as follows:
Minimum Lot Size 20,000 square feet 10,660 s.f.
Minimum Lot Width 100 feet
Minimum Lot Depth 125 feet
Front Building Line 30 feet
Side Building Line 10 feet
City Council Agenda Briefing 9a
City of Colleyville Page 2
Rear Building Line 25 feet
Max. Lot Coverage 30%
Max. Impervious Coverage 60%
Plat Status: The property is currently platted as Lot 1, Block 4, Fox Meadows
Addition.
DRC Review: The Development Review Committee (DRC) reviewed the request at
their July 19, 2022 meeting, did not offer any comments, and scheduled the request
for the City Council meeting on August 16, 2022.
Drainage: NA
Analysis: The subject property is requesting to have a variance to the lot size. The
property is zoned RD and the lot size is not in compliance. When developed with a
single family residential use, the lot shall comply with the R-20 zoning district
standards. A variance to the lot size would allow the ability to apply for and receive the
necessary building permit to build an accessory building.
Surrounding Development: The properties to the north, south, east, and west are
zoned RD Two Family Residential district and are improved with single family
residential homes.
Public Notification: Staff mailed notices to all property owners within 500 feet as
well as any Homeowners Associations within 1,000 feet of the subject property
regarding this request. Grapevine-Colleyville ISD, where the subject property is
located, was notified per State law. Notice was published in the Fort Worth Star-
Telegram as required by State law and the Land Development Code.
Staff Recommendation: Staff recommends approval of the requested variance.
Financial Impact
There is no financial impact to the City.
Recommendation
Approve
Attachments
1. Aerial Map
2. Zoning Map
3. Future Land Use Map
4. Survey
5. Picture 1
6. Picture 2
City Council Agenda Briefing 9a
City of Colleyville Page 3
7. Notification Map
8. Notification Letter
9. Notification List
10. Resolution R-22-4759
3507
5203
3303
5012
5103
3405
5203
5007
3308
5025
35073307
3302
5302
35043410
3407
3401
5205
5204
5201
3300
5021
5301
3405
5303
5304
3400
3315
5101
5207
5200
5300
3505
3500
5013
5016
34093401
5305
3304
3304
3309
5016
5013
5101
34043400
3408
5017
5303 3403
5205
3406
5302 3503
5304
3305
5009
3301
3501
5301
3503
3308
5303
3306
5203
5305
3501
5203
3314
5204
5300
5017
3505
3310
3313
5009
5100
3300
3404
3411
3402
3305
35045206
3311
3402
3302
3502
3402
5105
3301
5306
5202
5200 5008
3408
5024
3303
5020
5204
5002
5006
5105
3312
5008
5302
5112
5109
5113
3306
5202
3403
5204 3310
5202
5004
5202 5107
5305
5200
3400
5201
5301
5205
5307
5117
5100
3309
5300
5108
3307
5029
5012
5104
5109 FOX TRAIL LANEAUBURNDALEAVENUEHU N TI N G TO N D R I V E BUGLE LANEHUNTINGTON COURTSTRATHMORE TERRACEFOX MEADOWS DRIVE
F O X G L E N D R I V E
HOLLOWBROOK COURTAerial Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
VC22-007 K3307 Huntington Drive
Subject Property
3507
5203
3303
5012
5103
3405
5203
5007
3308
5025
35073307
3302
5302
35043410
3407
3401
5205
5204
5201
3300
5021
5301
3405
5303
5304
3400
3315
5101
5207
5200
5300
3505
3500
5013
5016
34093401
5305
3304
3304
3309
5016
5013
5101
34043400
3408
5017
5303 3403
5205
3406
5302 3503
5304
3305
5009
3301
3501
5301
3503
3308
5303
3306
5203
5305
3501
5203
3314
5204
5300
5017
3505
3310
3313
5009
5100
3300
3404
3411
3402
3305
35045206
3311
3402
3302
3502
3402
5105
3301
5306
5202
5200 5008
3408
5024
3303
5020
5204
5002
5006
5105
3312
5008
5302
5112
5109
5113
3306
5202
3403
5204 3310
5202
5004
5202 5107
5305
5200
3400
5201
5301
5205
5307
5117
5100
3309
5300
5108
3307
5029
5012
5104
5109 FOX TRAIL LANEAUBURNDALEAVENUEHU N TI N G TO N D R I V E BUGLE LANEHUNTINGTON COURTSTRATHMORE TERRACEFOX MEADOWS DRIVE
F O X G L E N D R I V E
HOLLOWBROOK COURTRD
PU D-R
AGPUD-R PU D-RPUD-R
Zoning Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
VC22-007 K3307 Huntington Drive
Subject Property
5203 5203
3308
5025
3302
5302
3401
5205
5204
5201
3300
5301
5303
5304
3400
5207
5200
5300
5305
3304
3304
34043400
5303
5205
3406
5302
5304
3305
5301
3308
5303
3306
5305
5203
3314
5204
5300
3310
3300
3402
5206
3302 3402
3301
5202
5200
5024
3303
5204
5105
3312
5302
3306
5202
3310
5202
5107
5305
3400
5301
5205
3309
5300
3307
5029
5109 FOX TRAIL LANEFOX MEA DOWS DRIVE
BUGLE LANEHU N TI N G TO N D R I V EHUNTINGTON COURTFuture Land Use Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
VC22-007 K3307 Huntington Drive
Subject Property
Residential
Open Space; Parks
GL A DE ROA DFOX TRAIL LANEROBERTSROADHUNTINGTON DRIV E
AUBURNDALEAVENUEBUGLE LANESPRINGSCOURTFOX GLEN DRIVE
STRATHMORE TERRACEFOX MEA DOWS DRIVE
HOLLOWBROOK COURTNotification Map
DISCLAIMER:This map and information contained in it were developed exclusively for use by the City of Colleyville.Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist.
VC22-007 K3307 Huntington Drive
Subject Property
500ft Buffer
Properties within 500ft
NOTICE OF PUBLIC HEARING
«Owner_Name»
«Owner_Address»
«Owner_City» «Owner_Zip»
The City of Colleyville has scheduled public hearings concerning the below referenced request on the
following dates and location:
City Council Meeting: Tuesday, August 16, 2022 at 7:30 p.m.
3rd floor of City Hall, 100 Main Street, Colleyville, Texas
Request: Request for a variance to the provisions of Section 3.24.G Schedule of
District Regulations of the Land Development Code, specifically for the
minimum lot size requirement in the RD Two-Family Residential district.
The size of a platted lot is smaller than the minimum 20,000 square foot
lot size requirement when developed as a single-family residential use.
The variance will allow for the construction of a detached office shed on
the lot. The existing house will remain.
Zoning Case:VC22-007
Applicant:Michael Johnson
Owner: Michael Johnson
Location:3307 Huntington Drive
Property Description:Lot 1, Block 4, Fox Meadows Addition
Present Zoning:RD Two-Family Residential
This notice has been sent to all owners of real property within 500 feet of the request as such ownership
appears on the last approved City tax roll. Action by the City Council serves as a final action on the request.
All interested persons are encouraged to attend the public hearing and express their opinions on the variance
request. If you are unable to attend, but wish to have your opinions made a part of the public record, please
submit written comments prior to the public hearing, to the address below:
Community Development Department
City of Colleyville
100 Main Street
Colleyville, TX 76034
This notice has been sent to all owners of real property within 500 feet of the request as such ownership
appears on the last approved tax roll and all homeowners associations within 1000 feet.
NOTICE OF PUBLIC HEARING
The application is on file for public examination in the Community Development Department at 100 Main
Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and
Active Development Case map (please use your phone’s camera to scan QR code below):
For additional information, please contact the Community Development Department at 817.503.1056.
Please reference the zoning case number when requesting information.
Jacquelyn Reyff
Planning Manager
jreyff@colleyville.com
Owner Name Owner Address Owner City
ARAUJO, ARIANE 5202 HUNTINGTON CT COLLEYVILLE, TX
ARMS, MARIE 5302 FOX TRAIL LN COLLEYVILLE, TX
ASHMORE II ADDITION PO BOX 1923 COLLEYVILLE, TX
BISHOP MACKLIN W 3302 HUNTINGTON DR COLLEYVILLE, TX
BOCCI, CHRISTOPHER 3305 HUNTINGTON DR COLLEYVILLE, TX
BOLIVAR, JOSE 5206 FOX TRAIL LN COLLEYVILLE, TX
BROSTOSKI FAMILY LIVING TRUST 5301 HUNTINGTON CT COLLEYVILLE, TX
BROWN, DARRELL 5300 FOX TRAIL LN COLLEYVILLE, TX
CANTRELL, KAREN PO BOX 1140 COLLEYVILLE, TX
CARDARETTE, WILLIAM 5303 BUGLE LN COLLEYVILLE, TX
COLTMAN, PETER 3404 HUNTINGTON DR COLLEYVILLE, TX
COTTRILL, JOHN M 5202 FOX TRAIL LN COLLEYVILLE, TX
COVENANT CHURCH 2660 E TRINITY MILLS RD CARROLLTON, TX
CRAWFORD, JOHN R 3306 HUNTINGTON DR COLLEYVILLE, TX
CRAWFORD, MICHAEL 3401 HUNTINGTON DR COLLEYVILLE, TX
DAHL, DIONN 3301 HUNTINGTON DR COLLEYVILLE, TX
DAVIDSON, SUSAN 5207 BUGLE LN COLLEYVILLE, TX
DEVEREAUX, WALTER 3300 HUNTINGTON DR COLLEYVILLE, TX
DOMINIEC, ANTHONY 3310 FOX GLEN DR COLLEYVILLE, TX
DOWELL, LESLIE K 3402 FOX GLEN DR COLLEYVILLE, TX
ECKLUND, DORIS NANETTE 5204 FOX TRAIL LN COLLEYVILLE, TX
ELAM, MICHAEL 5305 FOX TRAIL LN COLLEYVILLE, TX
ELLIS, JAIME 3308 FOX GLEN DR COLLEYVILLE, TX
EVANS, GARY 5201 BUGLE LN COLLEYVILLE, TX
FENG, MIAO-HSIANG CHEN 3402 FOX MEADOWS DR COLLEYVILLE, TX
FINLEY, DAVID BYRON 5205 HUNTINGTON CT COLLEYVILLE, TX
FOSTER, DEBRA 5301 BUGLE LN COLLEYVILLE, TX
FOSTER, MONICA M 5205 BUGLE LN COLLEYVILLE, TX
FOX MEADOWS ADDITION 5301 BUGLE LN COLLEYVILLE, TX
GEIDER, JEFFREY 5204 HUNTINGTON CT COLLEYVILLE, TX
GEORGE AND JANEEN KENDALL FAMI 5302 HUNTINGTON CT COLLEYVILLE, TX
GRAPEVINE COLLEYVILLE ISD 3051 IRA E WOODS AVE GRAPEVINE, TX
HAMRAEI, A 5203 FOX TRAIL LN COLLEYVILLE, TX
HARADA, SEIJI 3309 HUNTINGTON DR COLLEYVILLE, TX
HEISTERKAMP, ALEX 3308 HUNTINGTON DR COLLEYVILLE, TX
HERITAGE GLEN ADDN-COLLEYVILLE 5105 AUBURNDALE AVE COLLEYVILLE, TX
HOUSE, HARRY 5202 BUGLE LN COLLEYVILLE, TX
HUBBARD, ASHLEY M EXEMPT TRUST 1812 INDUSTRIAL BLVD COLLEYVILLE, TX
HUFF, TODD D 5200 BUGLE LN COLLEYVILLE, TX
JOHNSON, MICHAEL 3307 HUNTINGTON DR COLLEYVILLE, TX
JOHNSTON, MICHAEL B 5300 BUGLE LN COLLEYVILLE, TX
KALLESTAD, JUSTIN E 3400 HUNTINGTON DR COLLEYVILLE, TX
KELLER, ROBERT S 5303 FOX TRAIL LN COLLEYVILLE, TX
LEE, KYUNG S 3403 FOX MEADOWS DR COLLEYVILLE, TX
LEIKNESS, GARY 3304 HUNTINGTON DR COLLEYVILLE, TX
LU, CHING-YU 5204 BUGLE LN COLLEYVILLE, TX
MARTIN, RICKY 3303 HUNTINGTON DR COLLEYVILLE, TX
MCDONALD, DILLON 5304 BUGLE LN COLLEYVILLE, TX
MORENO, AMY 5305 HUNTINGTON CT COLLEYVILLE, TX
MORGAN, TAYLOR 5200 FOX TRAIL LN COLLEYVILLE, TX
MOXEY, ROGER L 3300 FOX GLEN DR COLLEYVILLE, TX
MUNSELL, WILLIAM 3302 FOX GLEN DR COLLEYVILLE, TX
MYERS, DANNY M PO BOX 1440 COLLEYVILLE, TX
NETZER, JEFFREY A 5025 STRATHMORE TERR COLLEYVILLE, TX
NYE, STEVEN 3310 HUNTINGTON DR COLLEYVILLE, TX
PONDER, BILL C 3406 HUNTINGTON DR COLLEYVILLE, TX
PRINCE, BARRY 5303 HUNTINGTON CT COLLEYVILLE, TX
PROPP REVOCABLE TRUST 5302 BUGLE LN COLLEYVILLE, TX
RICHARDSON, JESSICA 3312 HUNTINGTON DR COLLEYVILLE, TX
RILEY, DUNCAN 3400 FOX GLEN DR COLLEYVILLE, TX
SANTOS, ANDRE L 3314 HUNTINGTON DR COLLEYVILLE, TX
SIMARD, MICHEL 5301 FOX TRAIL LN COLLEYVILLE, TX
SLACKNEY, JASON T 3306 FOX GLEN DR COLLEYVILLE, TX
SMITH, ANTHONY 5300 HUNTINGTON CT COLLEYVILLE, TX
STEELE, MARK 5205 FOX TRAIL LN COLLEYVILLE, TX
STRATHMORE ADDITION 5012 STRATHMORE TERR COLLEYVILLE, TX
STRATHMORE HOA 5024 STRATHMORE TERR COLLEYVILLE, TX
STUBBLEFIELD, BRAD 5203 HUNTINGTON CT COLLEYVILLE, TX
SULLINS, RICHARD L 4100 BECKLEY CT COLLEYVILLE, TX
SUTTER, WM 5305 BUGLE LN COLLEYVILLE, TX
VOSS, PATRICK 5203 BUGLE LN COLLEYVILLE, TX
WURST, PETER J 3402 HUNTINGTON DR COLLEYVILLE, TX
RESOLUTION R-22-4759
A RESOLUTION APPROVING A REQUEST FOR A VARIANCE TO
SECTION 3.24.G, SCHEDULE OF DISTRICT REGULATIONS OF THE
LAND DEVELOPMENT CODE, SPECIFICALLY FOR LOT AREA IN THE
RD TWO FAMILY RESIDENTIAL DISTRICT, FOR LOT 1, BLOCK 4,
FOX MEADOWS ADDITION, LOCATED AT 3307 HUNTINGTON DRIVE
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the variance to allow for the lot area to be approximately
10,660 square feet with the RD Two Family Residential zoning
district located at 3307 Huntington Drive (the “Property”), as
depicted in Exhibit “A” hereto, is approved; and
Sec. 2. THAT this resolution shall become effective immediately upon
passage; provided that, the variance for the Property shall
become effective immediately upon the conditions stated
herein being fully satisfied.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 16TH DAY OF
AUGUST 2022.
Mayor Bobby Lindamood Mayor Pro Tem Kathy Wheat
Place 1, Brandi Elder Place 5, Chuck Kelley
Place 2, George Bond Place 6, Callie Rigney
Place 4, George Dodson
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor
Attachment “A”
Attachment “B”
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 11 Agenda Date 8/16/2022
Type Report
Department City Secretary
Title
Library Board Minutes - June 13, 2022
Planning and Zoning Commission Minutes - July 11, 2022
Planning and Zoning Commission Minutes - July 25, 2022
Attachments
1. Library Board Minutes-June 13, 2022
2. Planning and Zoning Commission Minutes - July 11, 2022
3. Planning and Zoning Commission Minutes - July 25, 2022
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, July 11, 2022 Executive Conference Room
CALL MEETING TO ORDER
The City of Colleyville Planning and Zoning Commission Meeting was called to order
by Chair Bevill on July 11, 2022, at 6:16 p.m.
Roll Call
Present: David Groves, Lawrence Williamson, Claudia Bevill, and Scotty Richardson
Absent: Sayeda Syed, Tim Raine, and Jim Linn
Staff Present: Ben Bryner, Jacquelyn Reyff, Rob McKeown, and Dakari Hill
Also Present: Attorney, Nicole Corr
There was general discussion amongst Staff and the Commission regarding items to
be presented this evening at the regular meeting.
Chair Bevill adjourned the Planning and Zoning Commission Meeting at 6:38 p.m.
CALL MEETING TO ORDER
CITY COUNCIL CHAMBERS
The City of Colleyville Planning and Zoning Commission Meeting was called to order
by Chair Bevill on July 11, 2022, at 7:00 p.m.
Roll Call
Present: David Groves, Lawrence Williamson, Claudia Bevill, and Scotty Richardson
Absent: Sayeda Syed, Tim Raine, and Jim Linn
Staff Present: Ben Bryner, Jacquelyn Reyff, Rob McKeown, and Dakari Hill
Also Present: Attorney, Nicole Corr
Planning and Zoning
Commission Minutes July 11, 2022
City of Colleyville Page 2
1. APPROVAL OF MINUTES
1a Planning and Zoning Commission Meeting Minutes – June 13, 2022
Planning and Zoning Commission Worksession Minutes – June 27, 2022
Commissioner Williamson made a motion to approve the June 13, 2022
Planning and Zoning Commission Meeting Minutes, and the June 27,
2022 Planning and Zoning Commission Worksession Minutes.
Commissioner Groves seconded the motion.
The motion was carried by the following vote:
Aye: 4 – Groves, Williamson, Bevill, and Richardson
Nay: 0
2. PUBLIC HEARING AGENDA ITMES
2a Consideration of a Special Use Permit for a Fence to be located beyond
the front façade of the primary dwelling on Lot 2, Block A, Park View
Estate, located at 717 Field Street, Case ZC22-025
Jacquelyn Reyff presented the item and briefed the Commission.
The applicants, Brian and Ashley Kenner, 717 Field Street, Colleyville, TX, came
forward and answered questions of the Commission regarding the distance of
the proposed gate from the curb, the potential of the proposed gate impeding
traffic, and their neighbor’s sentiments on the proposal.
Staff answered questions of the Commission regarding the regulations for
minimum driveway width.
The public hearing was open at 7:21 p.m
Rick Warner, 5408 South Drive, Colleyville, TX, came forward and spoke in
support of the case. Mr. Warner expressed that the proposal was practical
because of the property’s unique positioning and the fence would create a line
of demarcation between his property and the neighboring property.
With no one wishing to speak, the public hearing was closed at 7:23 p.m.
Commissioner Groves made a motion to approve Case ZC22-025 with
the contingency that only the wooden fence be approved.
Commissioner Richardson seconded the motion.
The motion was carried by the following vote:
Planning and Zoning
Commission Minutes July 11, 2022
City of Colleyville Page 3
Aye: 4 – Groves, Williamson, Bevill, and Richardson
Nay: 0
2b Consideration of amendments to Chapter 3 of the Land Development
Code to not require a variance for non-conforming lots of record where
the deviation is not more than fifteen percent (15%) of a dimensional
regulation, specifically amending Section 3.7B Non-conforming Lots of
Record, Case GC22-008
Ben Bryner presented the item and briefed the Commission.
Commissioner Richardson stated that a variance of 15% for the R-40 zoning
district was a big difference.
The public hearing was open at 7:42 p.m.
With no one wishing to speak, the public hearing was closed at 7:42 p.m.
Commissioner Richardson made a motion to approve Case GC22-008
with the contingency that the deviation be amended to 10%.
Commissioner Groves seconded the motion.
The motion was carried by the following vote:
Aye: 4 – Groves, Williamson, Bevill, and Richardson
Nay: 0
3. CITIZEN COMMENTS
The public hearing was open at 7:46 p.m.
With no one wishing to speak, the public hearing was closed at 7:46 p.m.
4. AJOURNMENT
The meeting adjourned at 7:46 p.m.
The minutes were written and prepared by:
Dakari Hill
Planner
The meeting minutes were approved on August 8, 2022 by a vote of 7-0
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, July 25, 2022 Executive Conference Room
CALL MEETING TO ORDER
The City of Colleyville Planning and Zoning Commission Worksession Meeting was
called to order by Chair Bevill on July 25, 2022, at 6:15 p.m.
Roll Call
Present: David Groves, Lawrence Williamson, Tim Raine, Claudia Bevill, and Scotty
Richardson
Absent: Sayeda Syed and Jim Linn
Staff Present: Ben Bryner, Larry Wright, Jacquelyn Reyff, Rob McKeown, and Dakari
Hill
Also Present: George Bond (City Councilman), George Dodson (City Councilman),
Chuck Kelley (City Councilman), and Nicole Corr (City Attorney)
2. WORKSESSION AGENDA ITMES
2 a Presentation and discussion of a Special Use Permit for outdoor display
of merchandise on Lot 3A1A, 3B1, and 4A, Block 2, Andy Felps Addition,
located at 4201 Colleyville Boulevard, Case ZC22-019
Jacquelyn Reyff presented the item and briefed the Commission. Staff
addressed questions of the Commission regarding the other possible locations
for the merchandise, limiting the amount of items displayed in the front
property, and the period of time the merchandise has been displayed in the
front of the property.
2b Presentation and discussion of a Replat for Lot 1R, Block 1, Epperson
Addition, being Tract 4E, Abstract 295, William E. Crooks Survey, and Lot
1, Block 1, Epperson Addition, located at 7308 and 7316 John McCain
Road, Case PC22-011
Jacquelyn Reyff presented the item and briefed the Commission. Staff
addressed questions of the Commission regarding the removal of the large
Planning and Zoning
Commission Minutes July 25, 2022
City of Colleyville Page 2
home on one of the lots.
2c Presentation and discussion of a Zoning Change from R-40 Single Family
Residential to R-30 Single Family Residential zoning district for Lot 1A,
Block 2, Stafford Heights Subdivision, located at 4901 Stafford Drive,
Case ZC22-026
Jacquelyn Reyff presented the item and briefed the Commission. Staff
addressed questions of the Commission regarding the reasoning for the
request.
2d Presentation and discussion of a Special Use Permit for Alcoholic Beverage
Sales for On-Premises Consumption on Lot 13R, Block 2, Thompson
Terraces Subdivision, located at 5201 Colleyville Boulevard, Case ZC22-
027
Jacquelyn Reyff presented the item and briefed the Commission.
2e Presentation and discussion of a Special Use Permit for a Residential
Carport on Lot 4, Block 6, Rustic Oaks Addition, located at 413 Live Oak
Drive, Case ZC22-028
Jacquelyn Reyff presented the item and briefed the Commission. Staff
addressed questions of the Commission regarding how the City became aware
of the structure and the compliance of the roofline.
2f Presentation and discussion of a Replat for Lots 1R-A and 1R-B, Block 4,
Fairway Addition, being Lot 1, Block 4, Fairway Addition, located at 6601
Herbert Road, Case PC22-012
Jacquelyn Reyff presented the item and briefed the Commission. Staff
addressed questions of the Commission regarding the intent of the replat and
the potential lots having access onto McDonwell.
2g Presentation and discussion of a Zoning Change from AG Agricultural to
PUD-R Planned Unit Development-Residential zoning district for Tracts
1B1, 1C1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey, located
at 2417 Wilkes Drive, Case ZC22-029
Jacquelyn Reyff presented the item and briefed the Commission. Staff
addressed questions of the Commission regarding potential connection to Pool
Road, the plan’s compliance with density requirements, and the impact of the
100 year flood plain on the proposed development.
2h Presentation and discussion of a Special Use Permit for an accessory
Planning and Zoning
Commission Minutes July 25, 2022
City of Colleyville Page 3
building to exceed the permitted lot coverage for accessory buildings and to
encroach into the rear setback on Lot 5, Block 7, Saddlebrook Addition, located
at 4105 Mockingbird Lane, Case ZC22-030
Jacquelyn Reyff presented the item and briefed the Commission. Staff
addressed questions of the Commission regarding Saddlebrook’s HOA and
when noncompliant accessory structure was built.
2i Presentation and discussion of a Zoning Change from R-10 Single Family
Residential to R-20 Single Family Residential zoning district for Lot 16 and
E1/2 LT 15, Block 4, Colleyville Estates, located at 705 Hillside Road, Case
ZC22-031
Jacquelyn Reyff presented the item and briefed the Commission. Staff
addressed questions of the Commission regarding the reasoning for request
and the potential of the entire subdivision being rezoned.
2j Presentation and discussion of a Special Use Permit for an accessory
building to encroach into the street side yard setback on Lot 1, Block 4,
Fox Meadows Addition, located at 3307 Huntington Drive, Case ZC22-032
Jacquelyn Reyff presented the item and briefed the Commission. Staff
addressed questions of the Commission regarding the part of the structure that
encroaches into the setback and the feasibility of bring the structure into
compliance.
3. AJOURMENT
The meeting adjourned at 7:59 p.m.
The minutes were written and prepared by:
Dakari Hill
Planner
The meeting minutes were approved on August 8, 2022 by a vote of 7-0.
RESOLUTION R-22-4760
A RESOLUTION APPROVING CITY COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF
AUGUST 16, 2022
WHEREAS, City Council has taken action on certain items on the agenda
under Business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 16TH DAY OF
AUGUST 2022.
Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye
Brandi Elder, Place 1 Aye George Bond, Place 2 Aye
George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye
Callie Rigney, Place 6 Aye
ATTEST: CITY OF COLLEYVILLE
Christine Loven, TRMC Bobby Lindamood
City Secretary Mayor