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HomeMy WebLinkAboutCity Council-Minutes-04/21/2020 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, April 21, 2020 CITY HALL DOORS WILL OPEN AT 5:00 P.M. - HAND SANITIZER IS AVAILABLE AT THE ENTRY DOORS AND SOCIAL DISTANCING WILL BE MAINTAINED WORKSESSION 5:30 PM CITY COUNCIL CHAMBERS THIRD FLOOR UPON ADJOURNMENT OF THE WORKSESSION, CITY COUNCIL WILL RETIRE TO THE EXECUTIVE CONFERENCE ROOM FOR EXECUTIVE SESSION CALL TO ORDER WS-1 Presentation and update on the SH26 median and right-of-way beautification project design WS-2 Parks projects feedback for FY2021 budget planning WS-3 Discussion of the April 21, 2020, 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 City Council Agenda April 21, 2020 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Compass Christian Church PLEDGE OF ALLEGIANCE: Mayor Richard Newton 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4490 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Arbor Day 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4491 4a Approval of the minutes of the regular City Council meeting of April 7, 2020 4b Approval to order a 2020 Spartan Pumper with equipment from Metro Fire Apparatus Specialists, Inc., utilizing pricing through the Houston- Galveston Area Council of Governments (HGAC), in an amount not to exceed $557,708, and approval to retire and trade-in the 2010 Pierce Aerial fire apparatus, and enter into a Lease Purchase Agreement with Leasing 2, Inc. for the lease purchase of the 2020 Spartan Pumper, and authorizing the City Manager to execute the vehicle purchase order and Lease Purchase Agreement with Leasing 2, Inc. 4c Approval of a Construction Services Agreement with C.F. McDonald Electric, Inc., for the L.D. Lockett Pump Station Emergency Generator Project, in an amount not to exceed $404,690, and authorizing the City Manager to execute the agreement 4d Approval of an amendment to the Professional Services Agreement with Freese and Nichols, Inc., amending the design parameters for the Roberts Road Project to include replacing the existing water line and upsizing the existing wastewater line, in an amount not to exceed $124,335.00, and authorizing the City Manager to execute the amendment City Council Agenda April 21, 2020 City of Colleyville Page 3 4e Approval of a Construction Services Agreement with GRod Construction, LLC, for the John McCain Road at Westcoat Drive Roundabout Project, in an amount not to exceed $1,142,907.00, and authorizing the City Manager to execute the agreement 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - March 2020 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-20-2114 Approval of the adoption of the City of Colleyville Water Conservation and Drought Contingency Plan, 2020 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING 7a Ordinance O-20-2111 Consideration of a zoning change request from the AG Agricultural district to the CC-1 Village Retail district on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-001 7b Ordinance O-20-2112 Consideration of a request for a Special Use Permit for Cemeteries or Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-002 7c Ordinance O-20-2113 Consideration of a zoning change request from the PUD-C Planned Unit Development – Commercial district to the PUD-C Planned Unit Development – Commercial district for the Heritage Farms addition, being Lots 1-3, Block A, Heritage Farms, located at 913 Cheek-Sparger Road, 3808 Wayne Drive, and 3900 Bedford Court, Case ZC19-009 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-20-4492 Denial of Oncor Electric Delivery Company LLC's application for approval of a distribution cost recovery factor (DCRF) seeking to increase electric distribution rates within the City City Council Agenda April 21, 2020 City of Colleyville Page 4 9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING 9a Resolution R-20-4478 Consideration of a request for a Preliminary/Final Plat for Lots 1-11, Block A, Lots 1-13, Block B, and Lots 1-3, Block X, of the Preston Manor Addition, being Tracts 6A1, 6A2, 6A2A, 6A2B1, Abstract 1487, in the O C Sturm Survey, and Tracts 1B, 1B1, 1B2A, Abstract 1176, in the J J Newton Survey, located at 401 Shelton Drive, Case PC20-001 10. CITIZEN COMMENTS 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, APRIL 21, 2020 - READING AND PUBLIC HEARING - RESOLUTION R- 20-4493 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, April 17, 2020, 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, April 21, 2020 CITY COUNCIL CHAMBERS Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, April 21, 2020, at 5:37 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, and Chuck Kelley. PRESENT VIA WEBEX: Mayor Pro Tem Bobby Lindamood, and Councilmembers George Dodson and Callie Rigney, and City Attorney Whitt Wyatt. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Parks and Recreation Director Lisa Escobedo, and City Secretary Christine Loven. WS-1 Presentation and update on the SH26 median and right-of-way beautification project design Assistant City Manager Adrienne Lothery introduced this item noting City Council had expressed a desire to see the 90% plans before the project was put out to bid. Manager Lothery turned the presentation over to Aaron Duncan, Stan Cowan, Kevin Bernauer, and David Newman, MESA Design Group who provided the detailed presentation via Webex. There was discussion of adding additional color to the winter color palette by incorporating crypt myrtles, hollies, and other greens which are not too dense. Mr. Cowan also noted there is an add-alternate which may provide for the addition of daffodils if the bids come in positive. There was general discussion regarding maintenance and a reiteration of timelines. WS-2 Parks projects feedback for FY2021 budget planning Parks and Recreation Director Lisa Escobedo presented this item and stated staff is seeking direction on the multi-purpose facility and park renovations to be planned in subsequent years. Director Escobedo presented information and options for a multi-purpose facility or renovations for the current Senior Center, demolition of the Park House and possible park amenities which could utilize the space including a splash pad, dog park, and outdoor fitness equipment. A variety of amenities for consideration at the Overland site included a small playground, shade structure pavilion, or open space, and uses for the area in City Park at the location of the old volleyball pit included a pickle ball court, shade structure and seating area, and leaving the area open. City Council Minutes April 21, 2020 City of Colleyville Page 2 Following discussion, City Council directed staff to move forward with planning for renovations at the Senior Center, and to bring forward a budget for the renovations, and demolition of the Park House. City Council asked staff to plan options for other amenities and provide a proposed schedule which will be discussed during budget preparation. WS-3 Discussion of the April 21, 2020, City Council regular agenda items Mayor Newton stated there will be no announcements during the meeting tonight so he can present information on his latest proclamation regarding the coronavirus. He also noted Ordinances O-20-2111, O-20-2112, O-20-2113, and Resolution R-20-4478 will remain tabled. Mayor Newton adjourned the worksession at 6:33 p.m. Mayor Newton called the Executive Session to order at 6:46 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, and Chuck Kelley. PRESENT VIA WEBEX: Mayor Pro Tem Bobby Lindamood, and Councilmembers George Dodson and Callie Rigney, and City Attorney Whitt Wyatt. 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 City Council Minutes April 21, 2020 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, 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 7:11 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:52 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, and Chuck Kelley. PRESENT VIA WEBEX: Mayor Pro Tem Bobby Lindamood, and Councilmembers George Dodson and Callie Rigney, and City Attorney Whitt Wyatt. INVOCATION: Brook Talbott, Compass Christian Church PLEDGE OF ALLEGIANCE: Mayor Richard Newton Mayor Newton welcomed everyone and stated this will be another hybrid meeting and apologized for the late opening due to technology issues. He also noted CBS news is in the Chamber and will be filming during this meeting. 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4490 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 Instead of regular announcements, Mayor Newton used this item to speak to the Proclamation he issued on Monday, April 20, 2020. Mayor Newton made the following comments regarding the Proclamation:  Governor Abbott recently issued changes to the Executive Order. Mayor Newton reacted to the changes and on April 20, issued a Proclamation Clarifying Implementation of Colleyville’s First Amended Declaration of Disaster, which reflected Colleyville’s changes as a result of the Governor’s Order. Mayor Newton stated the strategy in Colleyville is to follow the guidance of the President of the United States, the CEDC, and Governor Abbott, and he will always fall in line with them. City Council Minutes April 21, 2020 City of Colleyville Page 4  Governor Abbott issued three Executive Orders and the City is implementing those Orders in manners consistent with Colleyville needs. As a small city, Colleyville has differences from larger cities, so there are things we can do differently for our businesses, which are typically small businesses.  To answer the question, “Are you really being consistent with Governor Abbott’s Order?” Yes, we are. During Governor Abbott’s press conference today, April 21, 2020, Governor Abbott was asked if he thought our Proclamation went beyond his Order, if he condones Orders such as ours that are in the face of his, and will he take any action to ensure they don’t go into effect ahead of his new restrictions, which will go into effect on Monday, April 27, 2020. Governor Abbott commented he had read Colleyville’s Proclamation and from everything he could tell, Mayor Newton, in his proclamation, made deference to the Executive Order he issued. Governor Abbott remarked that Colleyville’s proclamation followed the intent of his Executive Order. Governor Abbott also made the comment there was nothing that couldn’t be handled with a conversation between his staff and Mayor Newton.  Mayor Newton stated he talked to the Deputy Attorney General and General Council earlier in the day and the Deputy AG told Mayor Newton their department has looked at the Proclamation and offered their assistance in whichever way they can. Mayor Newton said the City Manager asked the Deputy AG if he was going to give any directives to Mayor Newton to change the proclamation. The Deputy AG said no.  Mayor Newton said he thinks Governor Abbott is doing a fantastic job leading the state by making great decisions and including local officials. Governor Abbott understands that local officials understand the needs of their community better than anyone else. Governor Abbott wants the local officials to participate to ensure the safety of our citizens and do everything we can to help our businesses at the appropriate time in a safe manner.  Mayor Newton stated he has conference calls multiple times a week with Tarrant County Judge Glen Whitley and other mayors of Tarrant County and he would like to compliment Judge Whitley on the work he’s don e with the counties. Regarding the six components of the Proclamation, Mayor Newton made the following comments:  The first component deals with religious services conducted in churches, congregations, and houses of worship. The Governor made adjustments to his Orders recently as a response to the Attorney General’s assessment, so we have made the modifications to be in complete and total conformance with the Governor’s Orders. The modifications will bring the pastors and City Council Minutes April 21, 2020 City of Colleyville Page 5 leaders of the churches into the decision-making process of what they do, although we encourage churches to have services remotely, which all churches in Colleyville have done. Mayor Newton commented he had a great conversation with the Ministerial Alliance earlier in the day to discuss th e Proclamation and will keep them updated via video or conference calls.  The second component deals with elective surgery, which Governor Abbott made allowable if two conditions are met. The first being a 25% hospital capacity of beds available for COVID-19 patients, and the second being the elective surgery medical staff could not request PPE from government entities.  The third component deals with gatherings of 10 people. In our previous Proclamation, those 10 had to be family members, and in the current Proclamation, those 10 people do not have to be family members.  The first three components became effective immediately upon issuance of the Proclamation, while the last three components will become effective at 12:01 a.m. on Friday, April 24, 2020, which is consistent with Governor Abbott’s Orders.  The fourth component deals with retail business in that people can make appointments with stores to transact business. This way, it is not the general public, but one specific person, and the business can ma ke the appropriate safety arrangements to accommodate the requirements.  The fifth component allows for in-person visits to “hands-on” businesses such as gyms and salons through one-on-one appointments only.  The sixth component deals with restaurants, in that those restaurants with outside patios may allow customers to consume food on the outdoor patio area, so long as physical distancing is maintained between tables.  We will continue to be in conformance with Governor Abbott’s Orders, and if Governor Abbott asks us to make some slight changes, we would do that.  Mayor Newton next addressed the reasons why he decided to make these changes. First, because Governor Abbott made changes and we followed those changes, but adapted them to fit Colleyville. Additionally, because at the early stages of the COVID-19 pandemic, we had very little data about the coronavirus, so the models we had predicted very large infection and death. As time has gone on, we have much more data and we have a better perspective on the context and how we should protect ourselves from the coronavirus. City Council Minutes April 21, 2020 City of Colleyville Page 6  Everyone has the right to their own opinion, and it is okay if they disagree with our changes. If people are uncomfortable transacting business in person, they can and should make the decision not to do that. They should do whatever they deem best for their own safety. Mayor Newton presented the following information to explain the context in which he made the decision to be begin reopening Colleyville:  Predictions from a model from The University of Washington for the number of deaths in Texas from the coronavirus shows we are basically at the peak of deaths right now and will roll off towards the end of May to no deaths.  The model predictions early on were horrendous, and it was believed we would not have nearly enough hospital beds when we hit the peak. So the restrictions placed on the public were for the purpose of insuring there were enough hospital beds and medical capacity available at the peak of the virus. This has been achieved.  Governor Abbott and hospital CEOs and leaders did a fantastic job of making available more hospital bed capacity in Texas, and Tarrant County Judge Glen Whitley did a fantastic job of making available more hospital bed capacity in Tarrant County. In Tarrant County, there is hospital bed capacity of a little over 5,800 beds. Today, only 50% of those beds are used, so there is 50% hospital bed capacity available for whoever needs it, and we are at the peak. The dire predictions of not having enough hospita l beds at the peak have not panned out, due to people’s work of making beds available. In Tarrant County, we have about 130 patients in hospital beds that are COVID-19 patients. That is less than 4% of the total hospital bed capacity. Also, today only 20% of ventilator capacity is in use.  As of April 17, 2020, the population of Texas is 29,000,000 (estimated), and there have been 169,539 people tested for COVID-19, of which 17,371 have tested positive. There have been 1,522 people hospitalized for COVID -19, and 428 deaths due to COVID-19. The population of Tarrant County is 2,100,000 (estimated), and there have been 1,333 people who have tested positive, 132 hospitalized, and 42 deaths. In the City of Colleyville, the population is 27,000, there are 12 active cases, and there have not been any deaths due to COVID-19. ON a population basis the number of deaths in Texas are 5 one hundredths of 1%. In Tarrant County the deaths are 2 one thousandths of 1%.  Mayor Newton addressed the leading causes of death in t he United States, and stated the current predictions for death due to the coronavirus compares to the numbers we see from death due to influenza and pneumonia, which is 55,672. The other numbers for the leading causes of death in the US are: City Council Minutes April 21, 2020 City of Colleyville Page 7  Heart Disease 647,457  Cancer 599,108  Accidents (unintentional injuries) 169,936  Chronic lower respiratory diseases 160,201  Stroke 146,383  Alzheimer’s Disease 121,404  Diabetes 83,564  Intentional Self-Harm (Suicide) 47,173  The difference between deaths due to those such as heart disease or cancer and the coronavirus pandemic is that pandemics happen quickly, and all at one time, which is why the peak is very important. Since pandemics happen so quickly, the concern is that medical capability may not be able to meet the need at the peak. However, the objectives to insure medical capacity at the peak has been met.  Mayor Newton commented this is why it is time to start reopening the City and backing off of the restrictions, which have devastated our businesses. Mayor Newton remarked his number one priority is safety, and he will not do anything if he and the Council think it cannot be done safely. Mayor Newton addressed the reopening of hair salons and restaurants by the following comments:  Hair stylists are licensed by a regulatory entity in the State of Texas, which means there is another constraint the hair stylists have to consider. If there are conditions placed on their licenses they hold from those state entities, they are obligated to live by those restrictions.  We are not telling anybody they have to reopen, but this is our opinion of what the Governor’s Executive Order says. We are giving salon owners and stylists the ability to make the best decision for themselves. Councilmember Wheat commented on how proud she is of Colleyville, the City management team, and the Mayor, for taking the lead on this. She appreciates the empowerment that is given back to the citizens for them to make their own safe choices. Councilmember Nakamura commented there is a lot of false information floating around online, and she encouraged everyone to send out the April 21, 2020, City Council Meeting video to show the City is following Governor Abbott’s Orders. Mayor Newton stated he has written a letter, which along with a copy of the Proclamation and a Business FAQ & Guidelines sheet, was sent to all businesses in Colleyville, to get the information out as best as we can. City Council Minutes April 21, 2020 City of Colleyville Page 8 Councilmember Dodson commented the City is not requiring anyone to go out on their own and not practice safe requirements that have been published by President Trump, the CEDC, or Governor Abbott. Additionally, Councilmember Dodson stated he is proud of the safety processes the City has put in place. Mayor Newton remarked it is factual now, based on the data, that 65-75% of people who have a serious problem with the coronavirus are over the age of 60. We need to pay particular attention to the groups who are at more risk from a safety perspective, and we will continue to take this information into consideration when making future decisions. Mayor Pro Tem Lindamood asked that everyone respect everyone’s decision on whether to stay home or go out, and refrain from ridiculing others whose decisions are different from their own. Councilmember Kelly thanked City staff, the Fire Department, the Police Department, and the Parks staff for being proactive, and commented that if someone does not feel comfortable going out to the parks or to use the playgrounds, they shouldn’t do so. Mayor Newton commented Colleyville has the best City staff in Texas is not the country. The City has not shut down, there have been no furloughs, there is no intent to do any furloughs, and resources have been repurposed as needed to support the community, such as employees calling every senior citizen in Colleyville, which is about 3,000 calls, to ask how they’re doing and if the City can do anything for them. The Parks and Recreation staff has been doing a great job at keeping the parks and playground equipment sanitized, which is a lot of work . If you need to go to City Hall, you’ll soon be able to make an appointment to do that. You can check out library books online, and library staff will deliver those books to your home. Councilmember Nakamura stated we have the best Mayor in the United St ates, who makes decisions based off of facts. Proclamation in recognition of Arbor Day Mayor Newton read the entirety of the Arbor Day proclamation noting the significance of Arbor Day and noting the City’s 22 nd year of being recognized as a Tree City USA city. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20- 4491 4a Approval of the minutes of the regular City Council meeting of April 7, 2020 City Council Minutes April 21, 2020 City of Colleyville Page 9 4b Approval to order a 2020 Spartan Pumper with equipment from Metro Fire Apparatus Specialists, Inc., utilizing pricing through the Houston- Galveston Area Council of Governments (HGAC), in an amount not to exceed $557,708, and approval to retire and trade-in the 2010 Pierce Aerial fire apparatus, and enter into a Lease Purchase Agreement with Leasing 2, Inc. for the lease purchase of the 2020 Spartan Pumper, and authorizing the City Manager to execute the vehicle purchase order and Lease Purchase Agreement with Leasing 2, Inc. 4c Approval of a Construction Services Agreement with C.F. McDonald Electric, Inc., for the L.D. Lockett Pump Station Emergency Generator Project, in an amount not to exceed $404,690, and authorizing the City Manager to execute the agreement 4d Approval of an amendment to the Professional Services Agreement with Freese and Nichols, Inc., amending the design parameters for the Roberts Road Project to include replacing the existing water line and upsizing the existing wastewater line, in an amount not to exceed $124,335.00, and authorizing the City Manager to execute the amendment 4e Approval of a Construction Services Agreement with GRod Construction, LLC, for the John McCain Road at Westcoat Drive Roundabout Project, in an amount not to exceed $1,142,907.00, and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-20-4491 in its entirety. Fire Chief Mark Cantrell presented item 4b. Chief Cantrell recognized his team for their work researching and designing the specifications for the truck. Chief Cantrell explained the truck specifications such as turn radius and wheel base best meets Colleyville needs. Chief Cantrell also described the current policy on reserve vehicles, maintenance, and 12 year replacement program. Public Works Director Ray Silva-Reyes presented items 4c, 4d, and 4e. Councilmember Dodson asked Director Silva-Reyes how the bid for the generator came in under item 4c. Director Silva-Reyes stated the bid came in $170,000 less than the opinion of probable cost. Director Silva-Reyes answered questions regarding item 4d stating engineering costs are expensive, but doing the work while the road is being replaced is cost efficient and the lines will replace those placed over 25 years ago. City Council Minutes April 21, 2020 City of Colleyville Page 10 On item 4e, Director Silva-Reyes noted the low bidder did not have the qualifications to complete the job in a satisfactory manner; therefore, the recommendation is to enter in the agreement with GRod Construction. Mayor Newton opened the public hearing at 9:15 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:15 p.m. Councilmember Nakamura made a motion to approve Resolution R-20- 4491, and Councilmember Kelley seconded the motion. The motion to approve carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - March 2020 Finance Director Kyle Lester presented the March financial report noting the City is half way through the fiscal year. He noted there is a current surplus of $7.45 million, and said the surplus will gradually decline throughout the remainder of the year. The sales and property taxes have had a strong year, and staff will continue to monitor those line items which are below FY19 figures monthly. Director Lester stated the department is bracing for the impact COVID-19 will have on the City revenue streams such as sales tax however, as the economic restrictions came near the middle of March, the full extent of the monthly impact will not be known until April collections, which are received in June. 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-20-2114 Approval of the adoption of the City of Colleyville Water Conservation and Drought Contingency Plan, 2020 Mayor Newton read the caption of Ordinance O-20-2114. Public Works Director Ray Silva-Reyes presented this item noting the plan establishes minimum requirements for water conservation and drought contingency plans which are required to be reviewed and updated if necessary every five years, per the Texas Commission on Environmental Quality. He stated the language and water restriction scenarios outlined in the plan are the minimum state requirements in order to ration out potable water in the event of a severe drought. City Council Minutes April 21, 2020 City of Colleyville Page 11 There was discussion regarding clarification on pages 8 and 19, times and populations. Mayor Newton opened the public hearing at 9:28 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:28 p.m. This was a first reading, therefore, City Council did not take action. 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING Ordinances O-20-2111, O-20-2112, and O-20-2113 remained tabled. 7a Ordinance O-20-2111 Consideration of a zoning change request from the AG Agricultural district to the CC-1 Village Retail district on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-001 7b Ordinance O-20-2112 Consideration of a request for a Special Use Permit for Cemeteries or Mausoleums on Tract 2B & 2B02, Abstract 180, in the J L Byas Survey, located at 5713 Colleyville Boulevard, Case ZC20-002 7c Ordinance O-20-2113 Consideration of a zoning change request from the PUD-C Planned Unit Development – Commercial district to the PUD-C Planned Unit Development – Commercial district for the Heritage Farms addition, being Lots 1-3, Block A, Heritage Farms, located at 913 Cheek-Sparger Road, 3808 Wayne Drive, and 3900 Bedford Court, Case ZC19-009 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-20-4492 Denial of Oncor Electric Delivery Company LLC's application for approval of a distribution cost recovery factor (DCRF) seeking to increase electric distribution rates within the City Mayor Newton read Resolution R-20-4492 in its entirety. Assistant City Manager Adrienne Lothery presented this item noting the lengthy resolution was self-explanatory; therefore, she would be brief and noted it is cost effective and a best practice to work with the coalition to negotiate the rates. City Council Minutes April 21, 2020 City of Colleyville Page 12 There were no questions and Mayor Newton opened the public hearing at 9:35 p.m. There was no one present wishing to speak and Mayor Newton closed the public hearing at 9:35 p.m. Councilmember Kelley made a motion to approve Resolution R-20-4492, and Councilmember Wheat seconded the motion. The motion to approve carried by the following vote: Ayes: 7– Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney 9. TABLED: RESOLUTION(S) READING AND PUBLIC HEARING Resolution R-20-4478 remained tabled. 9a Resolution R-20-4478 Consideration of a request for a Preliminary/Final Plat for Lots 1 -11, Block A, Lots 1-13, Block B, and Lots 1-3, Block X, of the Preston Manor Addition, being Tracts 6A1, 6A2, 6A2A, 6A2B1, Abstract 1487, in the O C Sturm Survey, and Tracts 1B, 1B1, 1B2A, Abstract 1176, in the J Newton Survey, located at 401 Shelton Drive, Case PC20-001 10. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive North, spoke regarding Highway 26, noting it is nice to see the construction finishing, but also a little sad to lose some of the rural atmosphere. Mrs. Hadley stated she is looking forward to the trees and color in the medians, but is concerned about the stabilization in the narrow portions and would like to see additional green varieties and power boxes for the trees. She said she did not like the rock because it does not represent Colleyville, but trees do. She also asked to direct MESA to try to find rock locally and suggested they look at the quarry on Davis Road. Mrs. Hadley spoke regarding the geese at the pond at Colleyville Center and asked City Council to remove a portion of the brick wall at the pond and replace with landscaping and ramps for the geese and ducks to use to leave the pond. In regard to the Parks projects, Mrs. Hadley would like the Park House to remain and believes a second splash pad is a waste of money. Mrs. Hadley stated she appreciated the Council listening to the citizens, President, and Governor and allowing everyone to think for themselves. City Council Minutes April 21, 2020 City of Colleyville Page 13 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, APRIL 21, 2020 - READING AND PUBLIC HEARING - RESOLUTION R- 20-4493 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 9:45 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 5TH DAY OF MAY 2020. Minutes taken and prepared by: Christine Loven, TRMC City Secretary