Loading...
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. City Council Minutes - DRAFT August 2, 2022 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%. City Council Minutes - DRAFT August 2, 2022 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 City Council Minutes - DRAFT August 2, 2022 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 City Council Minutes - DRAFT August 2, 2022 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: City Council Minutes - DRAFT August 2, 2022 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. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - 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. 800 815 5405 611 605 824 82 516 516 825 601 5513 613 98 80 5300 708 705 81 513 704 608 609 713 821 700 805 85 77 48 5312 516 513 608 600 600 613 700 517 816 5405 612 813 96 87 5201 715711 515 701 5412 609 604 5320 79 517 601 705 713 5505 5309 817 5201 712 5508 605 809 94 38 811 812 612 92 704 801 820 613 53 813 5226 812 806 5313 705 612 704 700 716 709 820 5310 613 5509 600 701 70 828 601 608 609 603 5217 709 705 814 1000 701 90 601 805 605 83 76 816 800 5412 805 509 35 100 804 5408 804 813 102 808 604 809 604 5301 5201 713 605 803 817 607 701 616 801 714 35 802 717 5504 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 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 800 815 5405 611 605 824 82 516 516 825 601 5513 613 98 80 5300 708 705 81 513 704 608 609 713 821 700 805 85 77 48 5312 516 513 608 600 600 613 700 517 816 5405 612 813 96 87 5201 715711 515 701 5412 609 604 5320 79 517 601 705 713 5505 5309 817 5201 712 5508 605 809 94 38 811 812 612 92 704 801 820 613 53 813 5226 812 806 5313 705 612 704 700 716 709 820 5310 613 5509 600 701 70 828 601 608 609 603 5217 709 705 814 1000 701 90 601 805 605 83 76 816 800 5412 805 509 35 100 804 5408 804 813 102 808 604 809 604 5301 5201 713 605 803 817 607 701 616 801 714 35 802 717 5504 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 IV E AG CC-1 CC-1 R-10 PU D-C AG CNR-20 CC-1 PU D-R CN RE AG 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. ZC22-025 K717 Field Street Subject Property 800 815 5405 611 605 824 82 516 516 825 601 5513 613 98 80 5300 708 705 81 513 704 608 609 713 821 700 805 85 77 48 5312 516 513 608 600 600 613 700 517 816 5405 612 813 96 87 5201 715711 515 701 5412 609 604 5320 79 517 601 705 713 5505 5309 817 5201 712 5508 605 809 94 38 811 812 612 92 704 801 820 613 53 813 5226 812 806 5313 705 612 704 700 716 709 820 5310 613 5509 600 701 70 828 601 608 609 603 5217 709 705 814 1000 701 90 601 805 605 83 76 816 800 5412 805 509 35 100 804 5408 804 813 102 808 604 809 604 5301 5201 713 605 803 817 607 701 616 801 714 35 802 717 5504 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