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HomeMy WebLinkAboutCity Council-Minutes-09/17/2019 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 17, 2019 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Discussion of the art at McDonwell/Westcoat and McCain/Westcoat roundabouts WS-2 Discussion of moving the City Park Sand Volleyball Pit WS-3 Discussion of the September 17, 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 551.074 - Personnel - Discuss or deliberate regarding school security Section 551.071 (in conjunction with 551.076 (Security Personnel and Devices) and 551.074 (Personnel) - Consultation with attorney and discussion concerning school security Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City Council Agenda September 17, 2019 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Sterling Wilborn, Journey 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-19-4419 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 the Featured Business of the Month - Luxury Nail Spa, 3930 Glade Rd # 116, owner Johnny Nguyen - Mayor Richard Newton and Assistant City Manager Adrienne Lothery 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4420 4a Approval of the minutes of the regular City Council meeting of September 3, 2019 4b Approval of the minutes of the City Council Worksession of August 27, 2019 4c Approval to amend the authorized representatives for investment in the Texas Local Government Investment Pool (TexPool/Texpool Prime) as required by TexPool Participant Services 4d Adoption of the Fiscal Year 2020 to 2024 Capital Improvement Program (CIP) 4e Approval of an amendment to the Professional Services Agreement with Baird, Hampton & Brown, amending the design parameters for the Pleasant Run Water Line Project (from John McCain to N. City Limits) to include an emergency interconnect meter and vault, full- depth pavement rehabilitation, drainage improvements, and a hike and bike trail, in an amount not to exceed $161,360.00, and authorize the City Manager to execute the amendment City Council Agenda September 17, 2019 City of Colleyville Page 3 4f Approval of a construction services agreement with Northridge Construction Group, for the Fire Station Renovation Project, in an amount not to exceed $368,983, and authorizing the City Manager to execute the agreement 4g Approval of an amendment to the Professional Services Agreement with TranSystems, amending the design parameters to include modifying current design of the Bluebonnet package and performing an environmental study of the Bluebonnet area, in an amount not to exceed $121,382.00, and authorize the City Manager to execute the amendment 4h Approval of the continuance of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $214,784.73, and authorize the City Manager to execute same, and any associated change orders, in an amount not to exceed 25 percent of the contract price 4i Approval of an Interlocal Agreement between the City of Colleyville and the DFW International Airport Board for the provision of K-9 explosive detection services for special events, and authorizing the City Manager to execute the agreement 4j Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Curtis Road, Herbert Road, Shelton Drive, Beverly Drive, Leta Lane/Duane Street, and Suellen, Circle and authorizing the City Manager to execute the agreement 5. ITEMS NOT FOR CITY COUNCIL ACTION Monthly Financial Report – August 31, 2019 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-19-2090 Consideration of a Special Use Permit (SUP) for an accessory dwelling 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 ZC18-027 6b 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 City Council Agenda September 17, 2019 City of Colleyville Page 4 6c 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 6d Ordinance O-19-2093 Amending Ordinance O-18-2059 relating to the Fiscal Year 2019 budget 6e Ordinance O-19-2094 Adoption of the proposed Fiscal Year 2020 budget 6f Ordinance O-19-2095 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2020 6g 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 6h 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 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-19-2098 Request to appeal the decision by the Planning & Zoning Commission for the consideration of a Special Use Permit for Alcoholic Beverage Sales – On-Premises Consumption on Lot 13 & 14, Block 2, of the Thompson Terraces Subdivision, located at 5201 Colleyville Boulevard, Case ZC19-010 8. CITIZEN COMMENTS 9. REPORTS April 29, 2019 Parks and Recreation Advisory Board Minutes July 9, 2018 Planning and Zoning Commission Minutes July 23, 2018 Planning and Zoning Commission Worksession Minutes July 23, 2018 Planning and Zoning Commission Minutes August 27, 2018 Planning and Zoning Commission Worksession Minutes City Council Agenda September 17, 2019 City of Colleyville Page 5 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 17, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4421 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 13, 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 17, 2019 City Council Chambers Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, September 17, 2019, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Chuck Kelley. ABSENT: 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, Finance Director Kyle Lester, Community Relations Specialist Erin Spicer, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of the art at McDonwell/Westcoat and McCain/Westcoat roundabouts Assistant City Manager Adrienne Lothery presented this item and gave an overview of four possible design considerations. The City Council would like to review a design with stone and the artwork to feature a horse. WS-2 Discussion of moving the City Park Sand Volleyball Pit Parks and Recreation Director Lisa Escobedo presented this item noting the location of the sand volleyball pit to the tennis court allows for sand to enter the court. The relocation can be completed in house by the Public Works department and will allow an opportunity to redesign the area once the pit is relocated. There was general discussion regarding the distance between the volleyball pits when placed side by side. The City Council directed staff to move forward with the relocation and consider adding a shaded area and table in the area south of the tennis courts and volleyball pit. WS-3 Discussion of the September 17, 2019, City Council regular agenda items Mayor Newton stated, with City Council approval, as there are several second reading ordinances on the agenda, he will move item 7a to follow Presentations and Announcements to allow residents to speak without waiting to the end of the meeting. City Council Minutes September 17, 2019 City of Colleyville Page 2 He also noted there has been a request to conduct a special meeting for the second reading of the 7a ordinance as it requires a super majority vote and two Councilmembers will not be available for the October 2 meeting. The City Council selected the date of September 23, however, there will be more discussion if need be. Mayor Newton closed the worksession at 6:03 p.m. Mayor Newton called the Executive Session to order at 6:03 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, and Chuck Kelley. Councilmember Callie Rigney arrived at 6:30 p.m. 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 551.074 - Personnel - Discuss or deliberate regarding school security Section 551.071 (in conjunction with 551.076 (Security Personnel and Devices) and 551.074 (Personnel) - Consultation with attorney and discussion concerning school security Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City Council Minutes September 17, 2019 City of Colleyville Page 3 Mayor Newton explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, in conjunction with 551.076 Security Personnel and Devices, Section 551.072, Real Estate, Section 551.074, Personnel, 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 7:02 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:31 p.m. INVOCATION: Pastor Jeff Strickland, Journey 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-19-4419 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 The Mayor and City Councilmembers made the following announcements: Effective Tax Rate: For the second consecutive year, this Council will adopt an effective tax rate. When communities adopt the same tax rate year after year it is often touted as "not raising property taxes." However, the increase in property value recognized by TAD is multiplied against that same tax rate resulting in property taxes going up. Only the effective tax rate truly provides for no new tax increase. The effective tax rate adoption reduces the tax rate below the previous year in an amount equal to the increase in property values overall. Thus, the tax rate is reduced to offset the increase in property value. This flat revenue philosophy is often deemed impossible by municipalities looking to grow revenues. I am proud of this community and this council. We have worked cohesively with staff to set an example other communities now emulate. Most importantly, we are providing exceptional services to our residents while holding the line on property taxes. Fire Department Awarded $425,000 in Federal Staffing Grant: The Colleyville Fire Department was awarded a $425,207.70 federal grant to increase the number of firefighters and support their work, U.S. Sen. John Cornyn announced last week. The funding comes through the Staffing for Adequate Fire City Council Minutes September 17, 2019 City of Colleyville Page 4 and Emergency Response (SAFER) grant program, which provides direct funding to fire departments and volunteer firefighter organizations to help increase the number of trained firefighters. The program grant funds the firefighter/paramedic salary at 75% for the first two years and 35% for year three. The city covers the remaining balance during the grant years and fully funds the personnel in year four and beyond. Assistant City Manager Mark Wood and Chief Mark Cantrell are to be commended for their tenacity in securing this grant. Police Department CAD Grant Funding: We have been informed that the City of Keller has secured a grant in the amount of $338,757.24 from the National Incident Based Reporting System for the proposed CAD/Records Management System enhancements for our combined dispatch center. This grant will lessen the financial burden on our communities as we purchase and implement a new system over the next 18 months. A big THANK YOU to our partner city and their exceptional leadership! Beautification Continues at Cheek-Sparger and SH26: As we work on the final design of the landscape medians along SH26 between John McCain and Brown Trail, the Parks Department continues beautification efforts further south along the SH26 corridor. The recent addition included new landscaping on the southwest corner of Cheek-Sparger and SH26 (7-11 corner). This improvement is the second corner upgrade at this intersection -the southeast corner (99 Cent Store corner) was completed earlier this year. Additionally, staff is working with TxDOT on $172,000 in Green Ribbon funding to improve the parkway landscape south of Brown Trail. It is exciting to see the beautification efforts continue. Thank you Lisa Escobedo and her Parks Department team. Cheek-Sparger Funding Restored: Last week the City was notified that the grant funding allocated for Cheek-Sparger roadway improvements between Brown Trail and San Bar Lane has been restored. TxDOT has provided the City with a Local Transportation Project Advanced Funding Agreement allocating 80% of $2.8 million project cost as a grant. This project is slated for bidding in the spring of 2020. Prescription Drug Collection Box Installed at Justice Center: The Police Department has installed the new Prescription Drug Collection Box in the lobby of the Justice Center this week. This new service is now available to residents and they can discard their expired or unused prescription drugs in the collection box during normal business hours Monday-Friday. 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 Wollett Berestnev Trio as they present Classical Lounge, a City Council Minutes September 17, 2019 City of Colleyville Page 5 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. In recognition of the Featured Business of the Month - Luxury Nail Spa, 3930 Glade Rd # 116, owner Johnny Nguyen - Mayor Richard Newton and Assistant City Manager Adrienne Lothery Mayor Richard Newton and Assistant City Manager Adrienne Lothery welcomed Johnny and Daodinh Nguyen, owners of Luxury Nail Spa, and recognized them as the featured business of the month. The Nguyens thanked the City Council and staff, noting they love the City. At 7:49 p.m., Mayor Newton stated there are many City ordinances on the agenda tonight (adoption of the tax rate, budget approval, etc.) and he does not want residents to have to wait until the end of the meeting to comment on the items they are here for. Therefore, he is going to change the order of items on the agenda. He will move to items 6a, and 6b, which are second reading and public hearing ordinances and then 7a, a first reading and public hearing ordinance and will return to the agenda order following 7a. At 10:34 p.m. Mayor Newton returned to Resolution R-19-4420. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-19-4420 4a Approval of the minutes of the regular City Council meeting of September 3, 2019 4b Approval of the minutes of the City Council Worksession of August 27, 2019 4c Approval to amend the authorized representatives for investment in the Texas Local Government Investment Pool (TexPool/Texpool Prime) as required by TexPool Participant Services 4d Adoption of the Fiscal Year 2020 to 2024 Capital Improvement Program (CIP) 4e Approval of an amendment to the Professional Services Agreement with Baird, Hampton & Brown, amending the design parameters for the Pleasant Run Water Line Project (from John McCain to N. City Limits) to include an emergency interconnect meter and vault, full- depth pavement rehabilitation, drainage improvements, and a hike and bike trail, in an amount not to exceed $161,360.00, and authorize the City Manager to execute the amendment City Council Minutes September 17, 2019 City of Colleyville Page 6 4f Approval of a construction services agreement with Northridge Construction Group, for the Fire Station Renovation Project, in an amount not to exceed $368,983, and authorizing the City Manager to execute the agreement 4g Approval of an amendment to the Professional Services Agreement with TranSystems, amending the design parameters to include modifying current design of the Bluebonnet package and performing an environmental study of the Bluebonnet area, in an amount not to exceed $121,382.00, and authorize the City Manager to execute the amendment 4h Approval of the continuance of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $214,784.73, and authorize the City Manager to execute same, and any associated change orders, in an amount not to exceed 25 percent of the contract price 4i Approval of an Interlocal Agreement between the City of Colleyville and the DFW International Airport Board for the provision of K-9 explosive detection services for special events, and authorizing the City Manager to execute the agreement 4j Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Curtis Road, Herbert Road, Shelton Drive, Beverly Drive, Leta Lane/Duane Street, and Suellen, Circle and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-19-4420 in its entirety. Assistant City Manager Mark Wood presented items 4c and 4d; Police Chief Michael Miller presented 4i, Parks and Recreation Director Lisa Escobedo presented item 4h, and Public Works Director Ray Silva-Reyes presented items 4e, f, g, h, 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 4e – Councilmember Dodson and Mayor Pro Tem Lindamood expressed concern with the contractor’s mobilization costs. Director Silva-Reyes will review the project with the vendor for clarification. Item 4h – Councilmember Nakamura asked staff who determines whether City staff or the contractor mows certain areas and how the determination is made. Director Escobedo said Parks and Recreation management decide and it depends City Council Minutes September 17, 2019 City of Colleyville Page 7 on the need for precision and safety. Mayor Pro Tem Lindamood thanked Director Escobedo for her work in meeting with the softball associations. Mayor Newton opened the public hearing at 11:08 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:08 p.m. Councilmember Wheat made a motion to approve Resolution R-19-4420 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. 5. ITEMS NOT FOR CITY COUNCIL ACTION Monthly Financial Report - August 31, 2019 Finance Director Kyle Lester reviewed the fund balances in each account, noting as of August, the City was in great financial health. Director Lester stated as he assumes the Finance responsibilities, he will be bringing information to the City Council in different formats and will be reviewing trends, as well. Mayor Newton moved to item 6a at 7:49 p.m., noting he will conduct the public hearings for 6a, 6b, and 7a, before returning to the consent agenda and remaining agenda items. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-19-2090 Consideration of a Special Use Permit (SUP) for an accessory dwelling 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 ZC18-027 Mayor Newton read the caption of Ordinance O-19-2090. Community Development Director Ben Bryner presented this item, noting at the first reading concerns were expressed over the size of the accessory building. The previously existing structure measured 24 feet by 24 feet. A permit was approved to remodel the structure and to add storage space and a covered porch/walkway. The plans provided by the contractor showed new dimensions to be 34 feet by 28 feet for a total square footage of 952 square feet. After completion of the project, the owner began the process to allow for the inclusion of a stove and oven which City Council Minutes September 17, 2019 City of Colleyville Page 8 categorizes the building as an accessory dwelling. The new plans submitted by the applicant identify the total square footage at 1,150 square feet. However, staff went out to the site, measured the dimensions, and verified that the accessory building currently measures 28.5 feet by 34.2 feet, for a square footage of 975 square feet. These measurements remove the need for the portion of the SUP to exceed the 4% lot coverage for accessory buildings. Director Bryner also noted this request is to allow the stove and oven so the space may be an accessory dwelling, which can be occupied by the applicant’s family. He further stated the Land Development Code does not allow for short or long term rentals of an accessory dwelling. Councilmember Dodson stated conditions can be added to the request, but his concern is the City does not send anyone to check rental concerns. Director Bryner stated if a complaint is received regarding perceived rental occurring, the Code Enforcement Officer is notified and responds. Mayor Newton stated, in his opinion, accessory dwellings in R-20 are not appropriate and he is aware of and concerned about long and short term rentals. He said he and City Council are trying to be responsible to all citizens and he feels granting the SUP is the wrong thing to do because of the concern with Air bnbs. Councilmember Nakamura expressed her care and concern for the family wanting to provide independent living for a family member. Councilmember Rigney expressed her concern for the City’s ability to enforce no long or short term rentals. Mayor Newton opened the public hearing at 8:02 p.m. Mark Lively, 7209 Jo Will Street, spoke in favor of this item. Mr. Lively stated he appreciates what the applicant is doing to beautify the street and he has spoken with many of the neighbors, none of whom have any concerns with approving this item. Mr. Lively noted he was the resident who asked for no Air bnb’s to be allowed, but this is not what the applicant is asking for. He said Mr. Johnson is trying to provide independent living for a family member and he believes the City Council can figure out a way to deal with this without denying the structure. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:10 p.m. Craig Johnson, 7205 Jo Will Street, the applicant, stated he is respectful of the City codes and regulations and there will be no rentals. Mr. Johnson stated he felt it unfair to restrict him now, based on what could happen in the future if he did not own the property. City Council Minutes September 17, 2019 City of Colleyville Page 9 Councilmember Nakamura asked Mr. Johnson how he was going to install a stove. Mr. Johnson stated the cabinets are cut out for the stove and they would have to have a gas line ran. Councilmember Nakamura asked Mr. Johnson if he would consider taking out the stove when he sells the house. Mr. Johnson replied yes. Mayor Newton stated the decision the City makes tonight is not to deny your father-in-law, there is a much bigger picture to consider for the community. Mayor Newton stated the Council’s options are: 1. Deny the request. 2. Approve with stringent conditions written into the SUP, if you sell the property, the SUP goes away, and the use is restricted to his family member only. Mayor Pro Tem Lindamood stated the Council has reviewed the Land Development Code and he would like to meet in the middle. Following discussion and with agreement from Mr. Johnson, the following conditions will be added to the ordinance: a. The SUP will expire/terminate with a change of ownership. b. Upon expiration of the SUP, the stove/oven and associated connections shall be removed and the opening replaced with cabinets. Councilmember Wheat thanked Mr. Johnson for his investment in the community. Councilmember Nakamura made a motion to approve Ordinance O-19- 2090 with the following amendments being added: The SUP will expire/terminate with a change of ownership, and upon expiration of the SUP, the stove/oven and associated connections shall be removed and the opening replaced with cabinets, 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. 6b 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 City Council Minutes September 17, 2019 City of Colleyville Page 10 Mayor Newton read the caption of Ordinance O-19-2091. Community Development Director Ben Bryner presented this item, noting this item is a companion piece of the property discussed previously and approved under Ordinance O-19-2090 and will require a supermajority vote. Director Bryner stated the proposed carport meets all standards except it is not located totally in the rear yard, there is 1.7-percent of the structure in the side yard. Director Bryner stated the applicant has provided the City Council with a petition of support from the neighbors. Photographs and renderings were reviewed in regard to the carport and its location and discussion of the construction of the carport. Mayor Newton opened the public hearing at 8:38 p.m. Mark Lively, 7209 Jo Will Street spoke in favor of the item stating the carport carries the architecture over to make the dwelling more aesthetically pleasing. Vincent Devino, 7201 and 7113 Jo Will Street, spoke in favor of the item, stating it is a beautiful house and the carport is hardly visible. There were no others present wishing to speak and Mayor Newton closed the public hearing at 8:41 p.m. Councilmember Wheat stated she is generally a stickler for regulation, however, she feels the structure and carport adds value and beauty. Mayor Newton stated the vegetation depicted may not always be there and asked Mr. Johnson how the carport is going to be built specifically. Councilmember Dodson stated having the same question. Director Bryner noted the columns will be a combination of brick and painted, and there would be an attached asphalt roof, matching the dwelling and house. Mr. Johnson noted his contractor had left, but showed the diagrams. Mayor Newton stated this item requires a super majority vote and the diagrams presented by Mr. Johnson do not show the supports and approval would violate a part of the Code. Mr. Johnson asked if the item could be tabled until he brought his contractor back in. City Council Minutes September 17, 2019 City of Colleyville Page 11 Councilmember Nakamura made a motion to deny Ordinance O-19-2091 and Councilmember Dodson seconded the motion. The motion to deny carried by the following vote: Ayes: 4 – Mayor Newton, Councilmembers Nakamura, Dodson, and Kelley. Nays: 3 – Mayor Pro Tem Lindamood, Councilmember Wheat, and Councilmember Rigney. This vote was also read into the record. Mayor Newton recessed the meeting at 8:57 p.m. and reconvened the meeting at 9:09 p.m. 6c 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. Manager Lothery stated there have been no changes from the first reading. Mayor Newton opened the public hearing at 11:18 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:18 p.m. Councilmember Dodson made a motion to approve Ordinance O-19-2092 and Councilmember Kelley 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. 6d 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 that the general fund, utility fund and drainage fund will have surpluses at year end. Staff is City Council Minutes September 17, 2019 City of Colleyville Page 12 currently estimating the following transfers of surplus from the stated funds into the capital improvements fund: General Fund - $1.5 million; Utility Fund - $500,000; and Drainage Fund - $200,000. Mayor Newton opened the public hearing at 11:22 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:22 p.m. Councilmember Kelley made a motion to approve Ordinance O-19-2093 and Councilmember Wheat 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. 6e Ordinance O-19-2094 Adoption of the proposed Fiscal Year 2020 budget Mayor Newton read the caption of Ordinance O-19-2094. Assistant City Manager Mark Wood presented this item, stating the proposed budget calls for the effective tax rate 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 gave a high level overview of FY2020 and stated the big focus is on efficiency and the intent to use the most restrictive funds first. He then reviewed property values and the proposed tax rate, and proposed revenues and expenditures by fund. 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 operational efficiencies to absorb operating cost increases, and better aligns capital expenditures with capital funds. The Mayor and Council complimented City staff for doing a great job of running the City efficiently while improving service levels to its citizens and not putting the burden of cost savings on the employees. Mayor Newton said Colleyville is very blessed. Mayor Newton opened the public hearing at 11:44 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:45 p.m. City Council Minutes September 17, 2019 City of Colleyville Page 13 Councilmember Rigney made a motion to approve Ordinance O-19-2094 and Councilmember Dodson 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. 6f 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. Mayor Newton opened the public hearing at 11:47 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:47 p.m. Councilmember Rigney made a motion to approve Ordinance O-19-2095 and Councilmember Kelley 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. At 11:45 p.m. a unanimous vote was taken to continue beyond midnight if City Council has not concluded the business. 6g 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 City Council Minutes September 17, 2019 City of Colleyville Page 14 leave the water and sewer rates paid by citizens the same, but lower the water base rate by $.02, the wastewater rate by $.41, and increase the CIP transfer by $.43. Mayor Newton opened the public hearing at 11:51 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:51 p.m. Councilmember Dodson made a motion to approve Ordinance O-19-2096 and Councilmember Wheat 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. 6h 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 trash removal fees at Colleyville Center. Mayor Newton opened the public hearing at 11:57 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 11:57 p.m. Mayor Newton reconvened the meeting at 9:09 p.m. and began with item 7a. 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-19-2098 Request to appeal the decision by the Planning & Zoning Commission for the consideration of a Special Use Permit for Alcoholic Beverage Sales – On-Premises Consumption on Lot 13 & 14, Block 2, of the Thompson Terraces Subdivision, located at 5201 Colleyville Boulevard, Case ZC19-010 Mayor Newton read the caption of Ordinance O-19-2098. Community Development Director Ben Bryner presented this item stating a super majority vote will be required as the Planning and Zoning Commission made a motion to approve the request with a stipulation that it be for beer and wine sales City Council Minutes September 17, 2019 City of Colleyville Page 15 only. The motion failed by a vote of 3-1 and a failed motion is a recommendation for denial, which requires a favorable vote of three-fourths (3/4) of all members of the City Council for approval of the request. Director Bryner reviewed the CC-1 zoning, building plans, and proposed hours of operation. There was general discussion regarding the number of parking spaces, installation of a brick wall, and lighting. Mayor Newton stated in general he is a proponent for this item, however, he wants to understand the neighbor’s concerns and attempt to mitigate those concerns. Mayor Newton opened the public hearing at 9:21 p.m. Rusty Nail, 4608 Dartmoore Lane, spoke in support of this item, stating he feels it’s a great opportunity and Colleyville needs more restaurants. Richard Novak, 5109 Oak Timbers Court, spoke in opposition to this item, stating his home backs up to the restaurant and he has concerns regarding live bands, liquor sales, lights, and noise. Denise LaPasta, 5113 Oak Timbers Court, spoke in opposition to this item, stating she believes the opposition from those who live in the neighborhood should be counted as more significant than those in favor of the item, who do not live in the neighborhood. Pat Carew, 5108 Oak Timbers Court, spoke in opposition to this item with concern for having a bar in the back yard, and loud music versus an acoustic guitar. Mr. Nail spoke again, noting the restaurant proposes closing at 10:00 p.m. and would not be in violation of the noise ordinance. Mr. Novak spoke again, noting there are other locations for this type of restaurant and asked the applicant and City Council to consider those locations which would not be met with opposition. The following did not wish to speak but wanted to be on record in support: Jim Oboyski, 528 Hidden Meadow Drive, Keller, Christine Glaser, 6909 Sir Spencer Court, Lee Koch, 900 Saddlebrook Drive, Mark and Kim Harrison, 1421 Douglas, Karl Meek, 6204 Rock Dove Circle, Lisa Pardo, 904 Saddlebrook Drive. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:53 p.m. City Council Minutes September 17, 2019 City of Colleyville Page 16 There was discussion between the City Council and staff regarding the rights within the zoning. Paul Pardo, 904 Saddlebrook Drive, the applicant, presented a 3D video rendering of the expected interior and exterior of the restaurant and stated the food is made from scratch, they anticipate using local vendors, employ local people, and expect to create $150,000 to $160,000 of tax revenue in the first year. Mayor Newton asked Mr. Pardo if there were any ways to mitigate the concerns which have been heard tonight. Mr. Pardo stated he wants to work with the neighbors and could do the following: Plant trees and enclose a portion of the patio to mitigate noise. He stated the music which would be played would be background dinner music, they could adjust the speakers downward, and live music would be acoustical. Mr. Pardo stated they can remove the word bar from their name, so the restaurant would be known as the Stone House Restaurant. Mr. Pardo also stated he is opposed to the suggestion of BYOB, the restaurant will have certified bar tenders. Mr. Pardo, at the request of Mayor Newton, stated his menu will be contemporary eclectic, serving scratch recipes, pasta, pizza, steak, and fish. Councilmember Kelley asked Mr. Pardo if TABC certified bar tenders are more responsible than a BYOB server and if this is why he is opposed to BYOB. Mr. Pardon stated his establishment is nicer than that and yes, TABC certified bar tenders have a higher standard. Councilmember Nakamura asked Mr. Pardo who will manage the restaurant. Mr. Pardo introduced Jim Hanser, who managed Del Frisco for 15 years. Mayor Pro Tem Lindamood stated one of the reasons the Council changed to 60/40 was to entice high end restaurants to the City and he appreciates the investment the Pardo’s are making in the community. Mayor Newton declared a recess at 10:22 p.m. and reconvened at 10:29 p.m. Mayor Newton stated this is a first reading and the second reading will require a super majority vote, however, the next scheduled meeting is October 2, 2019 and two Councilmembers will not be present. Mayor Newton stated he had been asked to call a special meeting, however, he will leave it up to the applicant. Mr. Pardo stated he would like the special meeting. Councilmember Rigney stated she could not be present for a special meeting due to previous obligations. Mr. Pardo stated he would still like to move forward with a special meeting. City Council Minutes September 17, 2019 City of Colleyville Page 17 Mayor Newton asked those in attendance to be aware a special meeting will be called for Monday, September 23, 2019 at 6:00 p.m. to hear and decide this item. This was a first reading, therefore, City Council did not take action. Councilmember Nakamura stated for the record, she has not missed any City Council meetings and noted her late arrival to Executive Session was due to a work engagement and she cannot be present for the special meeting. 8. CITIZEN COMMENTS There were no speakers. 9. REPORTS April 29, 2019 Parks and Recreation Advisory Board Minutes July 9, 2018 Planning and Zoning Commission Minutes July 23, 2018 Planning and Zoning Commission Worksession Minutes July 23, 2018 Planning and Zoning Commission Minutes August 27, 2018 Planning and Zoning Commission Worksession Minutes There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 17, 2019 - READING AND PUBLIC HEARING - RESOLUTION R-19-4421 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 11:59 p.m. APPROVED BY A VOTE OF 5 AYES, 0 NAYS, ON THIS THE 2ND DAY OF OCTOBER 2019. Minutes taken and prepared by: Christine Loven, TRMC City Secretary