HomeMy WebLinkAboutCity Council-Minutes-8/2/2022
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 2, 2022
WORKSESSION
5:30 PM
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
WS-1 Presentation of the 2022 certified tax roll
WS-2 Presentation of the proposed FY23 budget
WS-3 Discussion of the August 2, 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
INVOCATION: Farzin Hamraee, Baha'I Community
PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt
City Council Agenda August 2, 2022
City of Colleyville Page 2
2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER
AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS
DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-22-4753
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-22-4754
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,
in an amount not to exceed $172,381.95, and authorizing the City
Manager to execute the agreement
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
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
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
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
City Council Agenda August 2, 2022
City of Colleyville Page 3
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
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
8. CITIZEN COMMENTS
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
I hereby certify this agenda was posted on City Hall bulletin boards Friday, July 29,
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
Minutes
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 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 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 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 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 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 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 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 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 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
This resolution was not needed.
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 7 AYES, 0 NAYS, ON THIS THE 16TH DAY OF AUGUST
2022.
Minutes taken and prepared by:
Christine Loven, TRMC
City Secretary