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HomeMy WebLinkAboutCity Council-Minutes-09/03/2019 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, September 3, 2019 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Continue discussion regarding the Citizen Survey WS-2 Discussion of a SAFER grant program WS-3 Discussion and overview of the Local Street Maintenance Program WS-4 Discussion of the September 3, 2019, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Acquisition of real property along Main Street • 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 September 3, 2019 City of Colleyville Page 2 INVOCATION: Mark Glassman, Church of Christ of Latter-day Saints 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-19-4414 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Austin-Bridge and Road employees Eric Alvarado and Jesus Rodriguez, and the Colleyville Fire Department by Bill and Storie Gilchrist - Mayor Richard Newton and Fire Chief Mark Cantrell 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4415 4a Approval of the minutes of the regular City Council meeting of August 20, 2019 4b Approval to order a 2020 Ford Road Rescue Type 1 Ultramedic ambulance from Siddons-Martin Emergency Group, utilizing pricing through the Houston-Galveston Area Council of Governments (HGAC), in an amount not to exceed $380,753, and approval of a leasing agreement with Leasing 2 for the ambulance, and authorizing the City Manager to execute the documents 4c Approval to extend an ongoing annual agreement with Autobahn Motor Cars to sponsor the loan of a vehicle to the Colleyville Police Department for the expressed use by the Colleyville Heritage High School Resource Officer 4d Approval to use the Voluntary Library Fund in Fiscal Year 2020, for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $170,000 4e Approval of a contract with Weaver and Tidwell, L.L.P. for auditing services for fiscal year ending September 30, 2019, in the amount of $49,450 for the audit of 2019 financial statements and Comprehensive Annual Financial Report (CAFR) preparation and printing City Council Agenda September 3, 2019 City of Colleyville Page 3 4f Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2020-2024 of the Colleyville Economic Development Corporation 4g Adoption of the Colleyville Economic Development Corporation Fiscal Year 2020 Budget 4h Approval of an annual professional services agreement with Knights Project Management & Construction Inspection Services, and authorizing the City Manager to execute the agreement 4i Approval of an amendment to the Professional Services Agreement with Freese and Nichols, Inc., amending the design parameters to include an emergency interconnect meter and vault, and extending the roadway project limits from the City of Colleyville limits to the southern approach at Heritage Cove in the City of Grapevine, in an amount not to exceed $78,443.00, and authorizing the City Manager to execute the amendment 4j Approval of a professional services agreement with Dunaway Associates, LP, in an amount not to exceed $79,500 for the design of the L.D. Lockett Pump Station Generator project, and authorizing the City Manager to execute the agreement 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-19-2090 Consideration of a Special Use Permit (SUP) for an accessory dwelling to exceed the maximum square footage allowed for accessory buildings on Lot 1, Block A, of the Divino Acres Addition, located at 7205 Jo Will Street, Case ZC18-027 5b Ordinance O-19-2091 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit (SUP) for a carport and to exceed the maximum square footage allowed for accessory buildings on Lot 1, Block A, of the Divino Acres Addition, located at 7205 Jo Will Street, Case ZC19-007 5c Ordinance O-19-2092 Approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp. Mid-Tex Division regarding the Company's 2019 Rate Review Mechanism Filings and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement City Council Agenda September 3, 2019 City of Colleyville Page 4 5d Ordinance O-19-2093 Amending Ordinance O-18-2059 relating to the Fiscal Year 2019 budget 5e Ordinance O-19-2094 Adoption of the proposed Fiscal Year 2020 budget 5f Ordinance O-19-2095 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2020 5g Ordinance O-19-2096 An ordinance amending Section 3 - Service Charges of the Water and Sewer Policy and Procedure Manual as contained in the Code of Ordinances, to implement updated base rates 5h Ordinance O-19-2097 Amending the City’s fee schedule by amending and restating Section 2- 26 of the Colleyville, Texas, Code of Ordinances, establishing fees and charges for City services 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-19-4416 Consideration of a Minor Plat for Lot 1, Block 1, of the Reagan Estates 4 Addition, being Tract 1G & 1Q and Tract 1CC1, Abstract 356, in the Isaac Carodine Survey, located at 5604 Lowrie Road, Case PC19-012 6b Resolution R-19-4417 Consideration of a replat for Lot 1, Block 1, of the Panno Brothers Addition, being a replat of a portion of Lot 7, Block 1, of the Pleasant Oak Estates, located at 809 Shelton Drive, Case PC19-010 7. CITIZEN COMMENTS 8. REPORTS Planning and Zoning Commission Meeting Minutes - May 14, 2018 Planning and Zoning Commission Worksession Minutes - May 29, 2018 Planning and Zoning Commission Meeting Minutes - June 11, 2018 Planning and Zoning Commission Worksession Minutes - June 25, 2018 City Council Agenda September 3, 2019 City of Colleyville Page 5 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 3, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4418 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, August 30, 2019 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, September 3, 2019 CITY COUNCIL CHAMBERS Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, September 3, 2019, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Parks and Recreation Director Lisa Escobedo, Community Relations Specialist Erin Spicer, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Continue discussion regarding the Citizen Survey Assistant City Manager Adrienne Lothery led the discussion and review of the Citizen Survey. Each group of questions for the survey were reviewed and discussed. A final version will be forwarded to City Council before the survey is launched to the public. WS-2 Discussion of a SAFER grant program Assistant City Manager Adrienne Lothery presented this item stating this grant will provide 50/50 matching grants, up to $50,000 for commercial properties to offset the cost of installing a fire suppression system. All City Council members agreed the program was a good idea and discussed limiting the length of time the program would be in place. WS-3 Discussion and overview of the Local Street Maintenance Program Public Works Director Ray Silva-Reyes presented this item, giving a brief overview of the program and noting this is a strategic plan, not a worst first plan for repair. Mayor Newton asked Director Silva-Reyes how progress is measured and if progress is being made. Director Silva-Reyes stated the Paving Condition Index (PCI) is updated for each road as maintenance is completed and every five years the PCI is updated for all roads in the City. One measure of progress is reflected in the overall average PCI for the entire City being increased. The current focus is to repair streets with mills and overlays with a 55 or less PCI rating. WS-4 Discussion of the September 3, 2019, City Council regular agenda items City Council Minutes September 3, 2019 City of Colleyville Page 2 Mayor Newton stated if there are people present for items 6a and 6b, those items will move up on the agenda and the remaining items will be considered in order. There was a brief power outage at 6:27 p.m. No business was discussed during the outage Mayor Newton adjourned the Worksession at 6:32 p.m. Mayor Newton called the Executive Session to order at 6:32 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: • Glade Road eminent domain case for Parcel 150 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: • Acquisition of real property along Main Street • 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 Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. Executive Session was adjourned at 7:08 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:32 p.m. City Council Minutes September 3, 2019 City of Colleyville Page 3 ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. Prior to the invocation, Mayor Newton asked all to hold Von Husbands, Red Barn BBQ in special prayer. INVOCATION: Mark Glassman, Church of Christ of Latter-day Saints 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-19-4414 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton and City Councilmembers made the following announcements: SH26 Progress Notable: This morning City Manager Jerry Ducay, Assistant City Manager Mark Wood, and Mayor Newton met with TxDOT District Engineer and his team to discuss the SH26 project and our concerns. Joining us at the meeting was Commissioner Gary Fickes. The topics discussed were completion schedule, communication concerns, unclear financial obligations and post construction ownership. TxDOT District Engineer Loyl Bussell was very open in offering assistance. We are happy to report SH26 construction appears to be moving at a pace that gives hope to the theory the project will be completed closer to the end of the year than the spring 2020 timeline offered by TxDOT in early July. This Council’s efforts to hold all involved accountable is making a difference in the progress we see taking place today. We were also told we shouldn’t expect any additional financial obligations than already defined and we expressed concern over the City assuming ownership of the highway, although we will install and maintain the median landscaping and other ROW structures that are part of the beautification plan. Colleyville Leads the Way with Effective Tax Rate, Again: Over the last 12 months Colleyville has been contacted by multiple cities seeking to understand how we were able to adopt an effective tax rate. At least two communities publicly City Council Minutes September 3, 2019 City of Colleyville Page 4 debated their tax rate touting Colleyville’s example. Mayor Newton was even invited to speak before a group of regional Mayors. Well the year has come and gone and the hoopla surrounding our adoption of the effective tax rate has died down – or has it. This year Colleyville is on track to adopt the effective tax rate for a second consecutive year. A handful of other regional communities are suggesting they will do the same. One community has suggested they will go below the effective rate. I cannot help but fill with pride when others adopt the exceptional fiscal leadership we espouse. Leading the way as an example of sound financial management – that’s exceptional – that’s Colleyville. Police Department Working Alongside School District to Keep Kids Safe: Chief Miller and our Police Department personnel continue to execute our robust School Safety Plan. Our focus is on providing additional presence at schools particularly during drop-off and pick-up. This is an “all hands on deck” approach that includes command staff, PSOs and COP volunteers. Unmarked and marked units have also followed school buses along their routes to ensure drivers were not passing school buses when they are dropping off children. Our School Safety Plan includes securing our buildings as well as addressing traffic in and around school zones and bus routes. Additionally, we continue to encourage officers to have lunch at schools (GCISD will pick up the tab) and to complete their reports in and around school parking lots if feasible. School safety is a top priority of this City. SH26 & Glade Switchover Scheduled for September 4: On September 4 the TxDOT SH26 reconstruction project will see a lane switch at Glade. This switch will move traffic on to the new pavement while allowing for the removal and reconstruction. This new configuration will allow for a left-turn lane only and right/thru lane. This is different than the current design which allows for thru lanes for both. Median Design Taking Shape Along SH26: Last week we met to review landscape and hardscape options for the roadway medians along the SH26 road construction corridor (McCain to Brown). This effort is intended to present our community’s streetscape in a manner commensurate with the quality standards our residents have come to expect. Please Join Us at Colleyville Center Open House: The Colleyville Center is hosting a community Open House on Sunday, September 29, from 2 to 6 p.m. at 5301 Riverwalk Drive, Colleyville. This is your chance to see the new renovations to the space, mingle with friends, and experience a unique musical performance while exploring local food and event vendors. Admission is free and open to the public. Enjoy the sounds of the Goldman Wollet Berestnev Trio as they present Classical Lounge, a chamber music performance in three parts. The City of Colleyville has partnered with the APEX Arts League to bring this special music performance to Colleyville. City Council Minutes September 3, 2019 City of Colleyville Page 5 Chick-Fil-A Site Plan Received: This week Chick-Fil-A submitted building elevation and landscaping plans for the new restaurant planned for the former Londoner site (SH26 & Pleasant Run). The existing building will be razed in preparation for the new facility. The Chick-Fil-A restaurant located on SH26 in Hurst is slated to close and relocate ownership to the new Colleyville location. The restaurant is slated for opening next summer. Fire Department Staff Kudos: On Sat Aug 24 at 3:08 PM our Fire Department responded to a call at Rio Mambo. Turns out the alarm was just set off by the steam of a dishwasher. A sprinkler head in the dishwashing area had popped and was spraying water. The health code requires the restaurant to stop serving food immediately if any fire suppression system is activated in a food service area. Our staff was able to locate the water supply for the sprinkler system and stop the flow of water. All fire dept. units cleared and the restaurant was forced to close and clean up from the water flow. The restaurant would have to call a sprinkler company out to fix the broken sprinkler and then wait for the health dept. to come and re-inspect the area. Capt. Phillips returned to the station and thought to call the Tarrant County Health Dept. and ask if the FD could assist by replacing the sprinkler head to get the restaurant back open. Permission was given over the phone. Our crew returned to the restaurant and replaced the sprinkler head, reactivated the sprinkler system and had the restaurant back open by 6:30 PM. Kuddos to Kenny Phillips and Chad Beasley for thinking of how to help a local business get back in business. Their quick thinking and willingness to lend a hand, took what is normally a 3-4 day process and made it a 3-4 hour ordeal. This level of service is yet another example of what makes Colleyville exceptional! City Hall/Library Traffic Flow Changes Underway: There is a new traffic flow in the rear parking lot behind City Hall. The road running along the south side of City Hall is going to be switching traffic from eastbound traffic only to westbound traffic only. Additionally, the road running along the side of the tennis courts (between Main Street and Terra Cotta) will be closed while under construction. Once complete, this road will be two-way. This traffic flow change is undertaking as part of our new City Plaza scheduled for completion this fall. In recognition of Austin-Bridge and Road employees Eric Alvarado and Jesus Rodriguez, and the Colleyville Fire Department by Bill and Storie Gilchrist - Mayor Richard Newton and Fire Chief Mark Cantrell Mayor Newton, Fire Chief Mark Cantrell and Bill and Storie Gilchrist thanked Eric Alvarado and Jesus Rodriguez for awakening them and calling the fire department at 2:00 a.m. when they saw the Gilchrist home was on fire. Mayor Newton and Chief Cantrell presented both with a certificate of appreciation. Their action City Council Minutes September 3, 2019 City of Colleyville Page 6 avoided significant property loss and Mr. and Mrs. Gilchrist said they were heroes. Chief Cantrell stated the outcome could have been very different had it not been for their actions. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4415 4a Approval of the minutes of the regular City Council meeting of August 20, 2019 4b Approval to order a 2020 Ford Road Rescue Type 1 Ultramedic ambulance from Siddons-Martin Emergency Group, utilizing pricing through the Houston-Galveston Area Council of Governments (HGAC), in an amount not to exceed $380,753, and approval of a leasing agreement with Leasing 2 for the ambulance, and authorizing the City Manager to execute the documents 4c Approval to extend an ongoing annual agreement with Autobahn Motor Cars to sponsor the loan of a vehicle to the Colleyville Police Department for the expressed use by the Colleyville Heritage High School Resource Officer 4d Approval to use the Voluntary Library Fund in Fiscal Year 2020, for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $170,000 4e Approval of a contract with Weaver and Tidwell, L.L.P. for auditing services for fiscal year ending September 30, 2019, in the amount of $49,450 for the audit of 2019 financial statements and Comprehensive Annual Financial Report (CAFR) preparation and printing 4f Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2020-2024 of the Colleyville Economic Development Corporation 4g Adoption of the Colleyville Economic Development Corporation Fiscal Year 2020 Budget 4h Approval of an annual professional services agreement with Knights Project Management & Construction Inspection Services, and authorizing the City Manager to execute the agreement 4i Approval of an amendment to the Professional Services Agreement with Freese and Nichols, Inc., amending the design parameters to include an emergency interconnect meter and vault, and extending the roadway project limits from the City of Colleyville limits to the southern approach at Heritage Cove in the City of Grapevine, in an amount not to exceed City Council Minutes September 3, 2019 City of Colleyville Page 7 $78,443.00, and authorizing the City Manager to execute the amendment 4j Approval of a professional services agreement with Dunaway Associates, LP, in an amount not to exceed $79,500 for the design of the L.D. Lockett Pump Station Generator project, and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-19-4415 in its entirety. Fire Chief Mark Cantrell presented item 4b; Police Chief Michael Miller presented 4c, Library Director Mary Rodne presented item 4d, Assistant City Manager Mark Wood presented items 4e, f, and g, and Public Works Director Ray Silva- Reyes presented items 4h, i, and j. As each of the items on consent are routine business and/or have been previously discussed in worksession, there was limited discussion, however, the following comments were made: Item 4b – Councilmember Dodson asked Chief Cantrell what the difference is between BLS and ALS. Chief Cantrell explained BLS is Basic Life Support: sprains, falls, etc. and ALS is Advanced Life Support: heart attack, stroke, etc. which is the majority of the calls received by the department. Item 4h – Mayor Pro Tem Lindamood thanked Craig Knight for his work along the SH26 project. Item 4i – Councilmember Dodson clarified the City of Grapevine will share the cost of the approach within the Grapevine city limits. Mayor Newton opened the public hearing at 8:13 p.m. Kathy Hadley, 204 Timberline North, spoke in opposition to item 4c, with concerns for equality at Grapevine High School; in support of item 4d, stating the Library is a true asset, and in opposition to item 4h, stating City employees should be used. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:20 p.m. Mayor Pro Tem Lindamood explained to Mrs. Hadley, the need for the professional services agreement for item 4h and noted in addition to having a dedicated resource to a specific project, there is a cost savings in contracting compared to providing all of the benefits of employment. Councilmember Dodson made a motion to approve Resolution R-19-4415 and Councilmember Rigney seconded the motion. City Council Minutes September 3, 2019 City of Colleyville Page 8 The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. At 8:23 p.m. Mayor Newton stated he is moving to agenda items 6a and 6b and will return to the first readings of ordinances following those two items. Mayor Newton returned to the order on the agenda at 8:41 p.m., declared a recess and reconvened at 8:47 p.m. 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-19-2090 Consideration of a Special Use Permit (SUP) for an accessory dwelling to exceed the maximum square footage allowed for accessory buildings on Lot 1, Block A, of the Divino Acres Addition, located at 7205 Jo Will Street, Case ZC18-027 Mayor Newton read the caption of Ordinance O-19-2090. Community Development Director Ben Bryner presented this item, noting the accessory building only minimally exceeds the size and does not include a kitchen. This request is for an SUP so a kitchen can be added and the accessory building can be used for a family member dwelling. Director Bryner stated staff recommends approval as the proposed accessory building only slightly exceeds the lot coverage requirement, architecturally the accessory dwelling unit looks compatible to the main structure, and appears to have no negative impact on surrounding properties. He also noted the Planning and Zoning Commission recommended approval and there has been one response to the notification asking the approval be for family use only, not rental. Councilmember Dodson asked Director Bryner if the building had already been converted and a permit granted. Director Bryner stated the building has been converted and a permit was granted, but does not include a permit for a stove, which would then classify the accessory building as an accessory dwelling. Mayor Newton pointed out the permit did not approve the modifications made to the structure. The permit was granted for a building that met the size limitations. Director Bryner stated the dwelling met the permit until the covered walkway was constructed and there was an error made in the length of the walkway. Councilmember Nakamura asked Mayor Newton how a no rental use is enforced. Craig Johnson, 7205 Jo Will Street, the applicant, answered questions of the City Council. Mayor Newton advised Mr. Johnson dwellings are special uses which he City Council Minutes September 3, 2019 City of Colleyville Page 9 and the City Council are very sensitive to and have concerns for regarding legitimacy of the use not becoming a rental. Mr. Johnson stated he understands the concerns and there is no intent to use the dwelling as a rental. The family has a need to bring an ill father-in-law closer to them to assist with his care. There was general discussion on how to enforce no rentals, now and if Mr. Johnson sold the property, clarification of the footage by which the building exceeds the square footage allowed, and the possibility of enhancing the side wall with stone or windows to improve the residential view from the street. Mayor Newton opened the public hearing at 9:17 p.m. Kathy Hadley, 2014 Timberline North, spoke in favor of this item, stating she appreciates the need of having a relative closer and the building looks very nice. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:20 p.m. This was a first reading, therefore, City Council did not take any action. 5b Ordinance O-19-2091 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit (SUP) for a carport and to exceed the maximum square footage allowed for accessory buildings on Lot 1, Block A, of the Divino Acres Addition, located at 7205 Jo Will Street, Case ZC19-007 Mayor Newton read the caption of Ordinance O-19-2091. Community Development Director Ben Bryner presented this item, noting this item is part two of the property discussed previously under Ordinance O-19-2090 and will require a supermajority vote. Director Bryner stated staff recommends denial due to technical noncompliance of the requested SUP for both the residential carport and to exceed the square footage allowed by right as the proposed carport pushes the 4% allowable accessory buildings to 6.4% and the location of the carport being in the side yard and not the rear yard as required. Director Bryner stated he is aware the applicant will present a petition stating neighbors are in favor of the request and with the petition, staff would be less resistant to the approval of the SUP. City Council Minutes September 3, 2019 City of Colleyville Page 10 Craig Johnson, 7205 Jo Will Street, the applicant, stated he is willing to enhance the wall as discussed under the previous item, provided exhibits to show the planters and columns proposed to enhance the beauty of the structure, and stated the sides of the carport are not visible to neighbors. Mr. Johnson noted he did take the time to visit with neighbors and has circulated a petition for their support. Mayor Newton opened the public hearing at 9:38 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:38 p.m. This was a first reading, therefore, City Council did not take any action. 5c Ordinance O-19-2092 Approving a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp. Mid-Tex Division regarding the Company's 2019 Rate Review Mechanism Filings and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement Mayor Newton read the caption of Ordinance O-19-2092. Assistant City Manager Adrienne Lothery presented this item, providing a history of the Atmos Cities Steering Committee and a review of the proposed settlement. Mayor Newton restated the negotiated reduction was approximately $3.9 million, but there will still be an approximate increase of $2.05 monthly for residential and $6.18 monthly for commercial. Councilmember Dodson stated he would still like to see Atmos placed under the Public Utility Commission, instead of the Railroad Commission. Mayor Newton opened the public hearing at 9:46 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:46 p.m. This was a first reading, therefore, City Council did not take any action. 5d Ordinance O-19-2093 Amending Ordinance O-18-2059 relating to the Fiscal Year 2019 budget Mayor Newton read the caption of Ordinance O-19-2093. Assistant City Manager Mark Wood presented this item, stating staff is currently estimating the following transfers: General Fund - $1 to 1.5 million Utility Fund - $500,000 Drainage Fund - $200,000 City Council Minutes September 3, 2019 City of Colleyville Page 11 Mayor Newton and Mayor Pro Tem Lindamood thanked the staff for running the City efficiently and enhancing the City’s investments. Mayor Newton opened the public hearing at 9:51 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:51 p.m. This was a first reading, therefore, City Council did not take any action. 5e Ordinance O-19-2094 Adoption of the proposed Fiscal Year 2020 budget Mayor Newton read the caption of Ordinance O-19-2094. City Manager Mark Wood presented this item, stating the proposed budget calls for the effective tax for an unheard of second consecutive year. Manager Wood noted City Council has reviewed and provided direction throughout the budget process and this is the culmination of months of work by staff and City Council. Manager Wood reviewed property values and the proposed tax rate, proposed revenues and expenditures by fund, and gave a quick review of the 2020 CIP, as City Council had conducted a worksession specific to the CIP earlier this year. He also stated the proposed budget continues to adapt processes to sustain a leaner staffing model, is able to absorb health insurance cost increases with savings from eliminated positions, continues operations efficiencies to absorb operating cost increases, and better aligns capital expenditures with capital funds. Mayor and City Council were complimentary of staff and thanked them all for their work on the budget and meeting the City Council goals and strategies. Mayor Newton opened the public hearing at 10:08 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:08 p.m. This was a first reading, therefore, City Council did not take any action. 5f Ordinance O-19-2095 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2020 Mayor Newton read the caption of Ordinance O-19-2095. Assistant City Manager Mark Wood presented this item. The calculated FY2020 effective tax rate is $0.306807 per $100 valuation and the proposed tax rate is the effective tax rate of $0.306807 per $100 valuation. Manager Wood stated the current tax rate is $0.3208 per $100 of valuation. The proposed tax rate lowers the tax rate by $0.013993, and by adopting the effective tax rate the City Council is lowering the tax rate to offset the increasing property values determined by the Tarrant Appraisal District, in order to collect the same amount of revenue as the prior year, excluding new growth. City Council Minutes September 3, 2019 City of Colleyville Page 12 Mayor Newton made note more cities are trying to drive down their effective tax rate, but some cities are going the opposite direction and are trying to take full advantage of the allowed 8.5% tax increase. Mayor Newton opened the public hearing at 10:11 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:12 p.m. This was a first reading, therefore, City Council did not take any action. 5g Ordinance O-19-2096 An ordinance amending Section 3 - Service Charges of the Water and Sewer Policy and Procedure Manual as contained in the Code of Ordinances, to implement updated base rates Mayor Newton read the caption of Ordinance O-19-2096. Assistant City Manager Mark Wood presented this item. He highlighted the history of the Water and Wastewater Rate Advisory Committee work and implementation for rate establishment and CIP funds. Manager Wood stated this item proposes to lower the water base rate by $.02, the wastewater rate by $.41, and increase the CIP transfer $.43. Mayor Newton reiterated the success of the Committee and the ability to increase the CIP fund balance. Mayor Newton opened the public hearing at 10:18 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:18 p.m. This was a first reading, therefore, City Council did not take any action. 5h Ordinance O-19-2097 Amending the City’s fee schedule by amending and restating Section 2- 26 of the Colleyville, Texas, Code of Ordinances, establishing fees and charges for City services Mayor Newton read the caption of Ordinance O-19-2097. Assistant City Manager Mark Wood presented this item. There was general discussion regarding non-resident fees at Colleyville Center, furnishings for the Webb House, Parks field use fees, and SUP application fees. Mayor Newton opened the public hearing at 10:42 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 10:42 p.m. City Council Minutes September 3, 2019 City of Colleyville Page 13 This was a first reading, therefore, City Council did not take any action. At 8:23 p.m. Mayor Newton rearranged the agenda to move to the resolutions and stated he will return to the ordinances immediately following. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-19-4416 Consideration of a Minor Plat for Lot 1, Block 1, of the Reagan Estates 4 Addition, being Tract 1G & 1Q and Tract 1CC1, Abstract 356, in the Isaac Carodine Survey, located at 5604 Lowrie Road, Case PC19-012 Mayor Newton read Resolution R-19-4416 in its entirety. Community Development Director Ben Bryner presented this item noting the purpose is to plat the property into one single-family residential lot and allow the construction of a new accessory building. Mayor Newton asked Director Bryner if the residents are basically cleaning up the lot. Director Bryner stated yes and noted there are no new lots proposed. Councilmember Dodson asked Director Bryner if there are any drainage issues. Director Bryner stated none which he is aware of and does not anticipate any as there is nothing changing on the lot. Robert McCan, 5604 Lowrie Road, the applicant, advised City Council he lives at the address and there will be no additional drainage. Mayor Newton opened the public hearing at 8:28 p.m. Kathy Hadley, 204 Timberline North, spoke in support of this item. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:29 p.m. Councilmember Wheat made a motion to approve Resolution R-19-4416 and Councilmember Nakamura seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. City Council Minutes September 3, 2019 City of Colleyville Page 14 6b Resolution R-19-4417 Consideration of a replat for Lot 1, Block 1, of the Panno Brothers Addition, being a replat of a portion of Lot 7, Block 1, of the Pleasant Oak Estates, located at 809 Shelton Drive, Case PC19-010 Mayor Newton read Resolution R-19-4417 in its entirety. Community Development Director Ben Bryner presented this item stating no new lots are proposed, this is a request to plat the property into one single-family residential lot and allow the construction of a new home. Director Bryner stated the requested waivers are a result of the City’s required right-of-way-dedication on both Pleasant Run Road and Shelton Drive and stated the applicant has agreed the house will face Shelton Drive and this notation will be noted on the plat. Additionally, this lot was not a lot of record and the drainage will go to Pleasant Run. Mayor Newton opened the public hearing at 8:37 p.m. Kathy Hadley, 204 Timberline North, spoke regarding her concern Mr. Day (a resident on Shelton Drive) was not present to speak on this item and suggested tabling the item until there has been a discussion with Mr. Day. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:39 p.m. Director Bryner stated Mr. Day did discuss this item with him, and Mr. Day has no objection as there will be a note on the plat regarding the house facing Shelton Drive. Councilmember Kelley made a motion to approve Resolution R-19-4417 and Councilmember Rigney seconded the motion. The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7. CITIZEN COMMENTS There were no speakers. 8. REPORTS Planning and Zoning Commission Meeting Minutes - May 14, 2018 Planning and Zoning Commission Worksession Minutes - May 29, 2018 Planning and Zoning Commission Meeting Minutes - June 11, 2018 Planning and Zoning Commission Worksession Minutes - June 25, 2018 City Council Minutes September 3, 2019 City of Colleyville Page 15 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 3, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4418 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 10:42 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 17TH DAY OF SEPTEMBER 2019. Minutes taken and prepared by: Christine Loven, TRMC City Secretary