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HomeMy WebLinkAboutCity Council-Minutes-09/01/2020 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, September 1, 2020 WORKSESSION 5:00 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Update on the Enterprise Fleet Management program WS-2 Discussion regarding amending the Land Development Code Section 3.28 Supplementary District Regulations regarding parking of recreational and commercial vehicles WS-3 Update on implementation of the Pedestrian Transportation Committee recommendations WS-4 Discuss strategy to expedite completing construction of the John McCain / Westcoat roundabout WS-5 Discussion of the September 1, 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 the 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 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 September 1, 2020 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION 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-20-4530 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4531 4a Approval of the minutes of the regular City Council meeting of August 18, 2020 4b Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2021-2025 of the Colleyville Economic Development Corporation 4c Adoption of the Colleyville Economic Development Corporation Fiscal Year 2021 Budget 4d Approval to use the Voluntary Library Fund in Fiscal Year 2021, for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $170,000 4e Approving the selection of Jacey Hornecker as Associate Judge of the City of Colleyville Municipal Court, effective September 1, 2020 4f Approval of a Construction Services Agreement with Gomez Brothers Construction, Inc., for the East Jim Mitchell Storm Drain Improvements Project, in an amount not to exceed $155,530.00 and a contingency amount not to exceed $50,000.00, and authorizing the City Manager to execute the agreement 4g Repealing Resolution R-19-4455, establishing the first October City Council Meeting date to be October 6, 2020, and the first November City Council Meeting date to be Monday, November 2, 2020 City Council Agenda September 1, 2020 City of Colleyville Page 3 5. RESOLUTION(S): READING AND PUBLIC HEARING 5a Resolution R-20-4532 Repealing Resolution R-20-4522 and approving a proposal to set the ad valorem tax rate for Fiscal Year 2021 at $0.304365 per hundred dollars of valuation 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-20-2133 Amending Ordinance O-19-2094 relating to the Fiscal Year 2020 budget 6b Ordinance O-20-2134 Adoption of the proposed Fiscal Year 2021 budget 6c Ordinance O-20-2135 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2021 6d Ordinance O-20-2136 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 6e Ordinance O-20-2137 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 6f Ordinance O-20-2138 Approval of a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2020 Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement 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 City Council Agenda September 1, 2020 City of Colleyville Page 4 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-20-2127 Consideration for a Special Use Permit for a day care center on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-015 7d Ordinance O-20-2128 Consideration of an amendment to the PUD-C Planned Unit Development-Commercial district for the Winding Creek development, specifically for hours of operation on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-012 8. CITIZEN COMMENTS 9. REPORTS Quarterly Performance Management Report 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, SEPTEMBER 1, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-4533 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, August 28, 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, September 1, 2020 Mayor Pro Tem Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, September 1, 2020, at 5:00 p.m. ROLL CALL: Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: Mayor Richard Newton 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, Finance Director Kyle Lester, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Update on the Enterprise Fleet Management program Assistant City Manager Adrienne Lothery presented this item, providing a review of the vehicles leased and sold under the agreement with Enterprise to date. She noted 37 vehicles have been delivered, which includes two vehicles added mid-year, and 18 vehicles have been sold, with eight currently in process, with the expectation of all planned vehicles (40) being sold by the end of the fiscal year. Manager Lothery reviewed the elements of the FY21 and FY22 replacement and management plans, noting the City will capitalize on the operating savings in FY22. There was general discussion regarding the savings and plan success. WS-2 Discussion regarding amending the Land Development Code Section 3.28 Supplementary District Regulations regarding parking of recreational and commercial vehicles Community Development Director Ben Bryner presented this item, reviewing the Municipal Code and Land Development Code as currently written and enforced. There was discussion regarding on street parking, side yard storage, enforcement and application to recreational vehicles. City Manager Jerry Ducay and Councilmembers discussed the number and type of complaints received regarding on street and side yard parking. City Manager Ducay noted enforcement occurs on a complaint basis. There was further discussion regarding zoning, lot sizes, and corner lots. City Council directed staff to review the residential regulations and provide clarity to the regulations, allow two week stays for the recreational vehicles, increase the time City Council Minutes September 1, 2020 City of Colleyville Page 2 allowed for vehicles to be on the street to 48 hours, and bring back recommendations which provide for zoning and lot size exceptions. WS-3 Update on implementation of the Pedestrian Transportation Committee recommendations Assistant City Manager Adrienne Lothery presented this item noting in November of 2019, the Pedestrian Transportation Ad-Hoc Committee had brought forth recommendations on priorities for the City Council to consider regarding sidewalks and trails. She stated this item provides for an update on implementation plans, as well as an overview of funding set aside in the Capital Improvement Plan to allow for continued implementation efforts and a funding strategy going forward. Manager Lothery reviewed the implementation status of several projects, a planning strategy, and possible funding sources. Mayor Pro Tem Lindamood suggested the Capital Improvement Plan include funding for pedestrian trails/sidewalks along Bedford Road. Additional discussion included segments of Glade Road (east of Pool), LD Lockett and John McCain. Staff reported design engineering is underway for Bransford Road with construction slated for next year. There was agreement that improvements should be prioritized as part of a long term capital plan. Priority should be given to projects that improve safety, provide maximum benefit to the community and enjoy a dedicated funding source. City Council agreed with this priority-based strategy which provides for prioritization, grants, and a developed CIP model. WS-4 Discuss strategy to expedite completing construction of the John McCain / Westcoat roundabout Public Works Director Ray Silva-Reyes presented this item. He explained if a full closure was utilized, the project would be complete in 75 calendar days, closure on September 8, completion and opened intersection to traffic on November 23. This would save 195 construction days over the current partial closure which is experiencing traffic delays due to the light timing. There was discussion regarding the detour, notification to residents, and communication on the City’s website. City Council directed staff to move forward with the full closure. WS-5 Discussion of the September 1, 2020, City Council regular agenda items There was no discussion under this item. Mayor Pro Tem Lindamood closed the Worksession at 6:06 p.m. and called the Executive Session to order at 6:07 p.m. and called the roll: City Council Minutes September 1, 2020 City of Colleyville Page 3 ROLL CALL: Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: Mayor Richard Newton 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 the 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 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 Pro Tem Lindamood 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 6:55 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Lindamood at 7:30 p.m. ROLL CALL: Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: Mayor Richard Newton INVOCATION: Amy Goble, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Minutes September 1, 2020 City of Colleyville Page 4 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4530 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 Pro Tem Lindamood and City Councilmembers made the following announcements: Fire Department Lending a Hand: Recently the Colleyville Firefighters Association (Local 5268) took it upon themselves to help a citizen in need. Unlike the assistance they provide our residents daily, this case involved overgrown landscaping. The senior resident, a widow, had some overgrown landscaping that was impeding access to a nearby sidewalk. Her husband had been a volunteer member and Chief of our fire department back in the 1970s. When our exceptional team became aware of the need, they sprang into action and cleared the overgrown landscaping. We are fortunate to have such a great team of individuals who continually remind us of the power of serving others. Thank you Colleyville Firefighters Association Local 5268. Fire Department and Public Works Team Members Deployed for Laura: The fire department deployed two members last week as a part of the Texas Emergency Medical Task Force, in support of the Hurricane Laura response. Firefighter Harper and Firefighter Fargo were originally assigned to patient evacuation from affected areas, but have been redirected to administrative roles. They are working with command staff coordinating supplies and personnel for the incident. They rode out the storm inside the Ford Center in Beaumont. Sleep has been scarce, but they are well fed and safe. We anticipate a seven day tour, after which, they will either return home or possibly be relieved by replacement personnel. This week the Public Works team deployed four members as well. Public Works team members Robbie Pinner, Joel Rodriguez, Clinton (CC) Seagroves, and John Bland have joined the hurricane relief effort crew. They have been repairing water mains and clearing debris. We are thankful to have the resources to help our neighbors when needed. John McCain & Westcoat Roundabout Update: Earlier this evening, we heard a presentation from staff requesting the temporary closure of the intersection of John McCain and Westcoat to allow for the expedited completion of the roundabout currently under construction at that location. With the roundabout now open at McDonwell School Road and Westcoat the closure will be less impactful to the area City Council Minutes September 1, 2020 City of Colleyville Page 5 residents. The proposed closure would take place later this week and reopen the week before Thanksgiving. Colleyville Continues to Lead the Census Response: We thank our residents for participation in the 2020 Census. As of last week, Colleyville continues to lead the county with an 86% response rate for the Census. Data collection will continue through the end of this month (September). Responses continue to be collected online, by phone and by mail. Visit 2020census.gov to be counted or gather additional information. COVID-19 Update: Utilizing our 14-day roll off method, Colleyville has 32 active positive cases. Tarrant County shows Colleyville having 30 active positive cases. We continue to see numbers from both our count and the County remain relatively close with only a small variance depending on the day. Hospital bed availability is at 32%, and ventilator availability is at 72%. Hospital beds currently being utilized by COVID patients is 5% of the total available beds. Tarrant County Positivity Rate at the end of last week was 5%. Grant Funding Pursuit Pays Off Big for Public Works: The Public Works Department managed to get another grant from FEMA for the LD Lockett Pump Station Generator Project. An official from FEMA notified staff that we are slated to received $363,000 in grant funding for the pump station generator project. This is the second grant received under the FEMA program. The first funded a generator at City Hall. In all our city has received $513,000 in grant funding for these improvements. Show support for Colleyville Police with Blue Lights: Local residents on Nextdoor have begun an initiative to show support for our Colleyville Police Department. They are asking neighbors to light up their homes with blue lights in September. City facilities are joining by bringing the blue lights to city buildings. Additionally, signs have been going up around town expressing support for our officers. Thank you Colleyville citizens for showing our police department the love and support they so deserve! Fire Department Recognized by the Texas EMS for Children Program: The Emergency Medical Services for Children (EMSC) State Partnership has recognized the Colleyville Fire Department at the GOLD Level of pediatric care readiness through the EMS Recognition Program. This is a multi-phase recognition program for EMS agencies who wish to establish programs and standards to improve their capabilities to deliver care to pediatric patients. This recognition places a spotlight on the delivery of high-quality emergency medical care for children, focusing on the unique needs of critically ill or injured pediatric patients and the challenges faced by EMS professionals in meeting those needs. City Council Minutes September 1, 2020 City of Colleyville Page 6 The Emergency Medical Services for Children (EMSC) State Partnership, Texas is a statewide collaborative project funded through the Health Resource and Services Administration’s EMS for Children Program. Baylor College of Medicine is the site of the Texas EMSC office and is working in partnership with the largest children’s hospitals in Texas, their affiliated colleges of medicine, and representatives of the Texas Department of State Health Services. We are proud to, once again, celebrate the recognition of our outstanding Fire Department! City Manager Jerry Ducay advised Tarrant County has announced an initiative to provide aerial spraying for mosquitoes in response to increases in West Nile cases/deaths. Tarrant County has reported 12 confirmed cases of West Nile in humans. Three human deaths have been reported. In Colleyville, three locations of alleged human infection have been reported. One case was reported by a person who was from out of town and self-reported. A second case came from a resident who donated blood and was informed of a positive West Nile finding, the third had a family doctor perform a test that was positive. All three of the Colleyville cases do not appear to be part of the county case count. Details about these cases came from our emergency management staff who was contacted directly. City Manager Ducay stated during a conference call with Tarrant County officials, communities in NE Tarrant County were asked to participate (support) aerial spraying in their community. Southlake, North Richland Hills, Keller, Hurst, Richland Hills and Watauga expressed support. Bedford, Grapevine and Euless were not on the call and will receive a follow up call from the County, with the expectation spraying would take place next week. He stated the cost of the spraying is approximately $289,000 with half being paid by the County. The remaining cost will be divided among the participating communities. Colleyville’s estimated cost is approximately $15,000-$20,000. Once approved, spraying will take place twice over a three-day period, with spraying occurring at night. Manager Ducay noted it is not necessary for City Council to approve a resolution and this is not an agenda item, however, if further discussion or approval is warranted, a special meeting can be scheduled to discuss this matter in greater detail. City Council agreed it would be wise to support the spraying. 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4531 4a Approval of the minutes of the regular City Council meeting of August 18, 2020 4b Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2021-2025 of the Colleyville Economic Development Corporation 4c Adoption of the Colleyville Economic Development Corporation Fiscal Year 2021 Budget City Council Minutes September 1, 2020 City of Colleyville Page 7 4d Approval to use the Voluntary Library Fund in Fiscal Year 2021, for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $170,000 4e Approving the selection of Jacey Hornecker as Associate Judge of the City of Colleyville Municipal Court, effective September 1, 2020 4f Approval of a Construction Services Agreement with Gomez Brothers Construction, Inc., for the East Jim Mitchell Storm Drain Improvements Project, in an amount not to exceed $155,530.00 and a contingency amount not to exceed $50,000.00, and authorizing the City Manager to execute the agreement 4g Repealing Resolution R-19-4455, establishing the first October City Council Meeting date to be October 6, 2020, and the first November City Council Meeting date to be Monday, November 2, 2020 Mayor Pro Tem Lindamood read Resolution R-20-4531 in its entirety. Finance Director Kyle Lester presented items 4b and 4c together, and also presented item 4e. There were no questions regarding any of the three items, however, the City Council thanked Director Lester for his continuous diligence and well prepared presentation. Regarding item 4e, Mayor Pro Tem Lindamood stated Judge del Carmen is exceptional. Library Director Mary Rodne presented item 4d. There were no questions, however, Mayor Pro Tem Lindamood and the City Council thanked Director Rodne for her work and all agreed at a time when most libraries are not being utilized, the Colleyville Library is thriving and is continuously providing innovative services and programs. Public Works Director Ray Silva-Reyes presented item 4f and explained he does not believe the full contingency will be needed, but wanted it available as there are drainage challenges from John McCain to Lakeside due to a 20-foot change in elevation along the roadway. City Manager Ducay noted Director Silva-Reyes was able to save the $40,000-50,000 cost of a subsurface survey by bidding the project in the manner he did and requesting the contingency if needed. City Secretary Christine Loven presented item 4e. There were no questions. Mayor Pro Tem Lindamood opened the public hearing at 8:05 p.m. There was no one present wishing to speak, and Mayor Pro Tem Lindamood closed the public hearing at 8:05 p.m. Councilmember Nakamura made a motion to approve Resolution R-20- 4531, seconded by Councilmember Rigney. City Council Minutes September 1, 2020 City of Colleyville Page 8 The motion to approve carried by the following vote: Ayes: 6 – Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Richard Newton 5. RESOLUTION(S): READING AND PUBLIC HEARING 5a Resolution R-20-4532 Repealing Resolution R-20-4522 and approving a proposal to set the ad valorem tax rate for Fiscal Year 2021 at $0.304365 per hundred dollars of valuation Mayor Pro Tem Lindamood read Resolution R-20-4532 in its entirety. Finance Director Kyle Lester presented this item, stating at the August 4, 2020 City Council Meeting, Resolution R-20-4522 was approved in accordance with Chapter 26, Texas Property Tax Code, which requires taxing units to comply with "Truth-in- Taxation" laws in setting tax rates and performing an effective tax rate calculation. The calculated Fiscal Year 2021 no-new-revenue tax rate was calculated at $.310644/$100. At the time of the August 4, 2020 City Council Meeting, Director Lester had concerns regarding the calculations provided by the Tarrant Appraisal District (TAD) however, formal City Council action stating the intent to adopt the proposed FY 2021 tax rate was required by Section 140.010 of the Local Government Code. Following a review of the data and interviewing the chief appraiser, a new calculation rate for property under appeal was factored into the City’s proposal and it was determined that by setting the ad valorem tax rate for Fiscal Year 2021 at $0.304365 per hundred dollars of valuation, the same property tax revenue would be generated for Fiscal Year 2021, as was generated for Fiscal Year 2020, excluding new growth. Additionally, this rate is lower than the no-new-revenue tax rate of $0.310644, and the voter approval tax rate of $0.320118. Additionally, the new calculation lowers the average property tax bill by $35.30 annually. Mayor Pro Tem Lindamood thanked Director Lester and noted the City Council has always made it clear, the City would not take a higher rate than what is needed to fund the City, and noted the City remains conservative and this calculation and rate does not include new growth. Each of the Councilmembers thanked Director Lester and noted the no-new-revenue tax rate would have increased the City’s collection. City Manager Jerry Ducay noted the lower rate is testament to the leadership of the City Council as it is unusual for a City Council to have a rate lower than the no-new-revenue tax rate. City Council Minutes September 1, 2020 City of Colleyville Page 9 Mayor Pro Tem Lindamood opened the public hearing at 8:17 p.m. There was no one present wishing to speak, and Mayor Pro Tem Lindamood closed the public hearing at 8:17 p.m. Councilmember Kelley made a motion to approve Resolution R-20-4532, seconded by Councilmember Dodson. The motion to approve carried by the following vote: Ayes: 6 – Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Richard Newton 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-20-2133 Amending Ordinance O-19-2094 relating to the Fiscal Year 2020 budget Mayor Pro Tem Lindamood read the caption of Ordinance O-20-2133. Finance Director Kyle Lester presented this item, stating staff is currently estimating the following transfers: General Fund - $900,000 Utility Fund - $1-1.2 Million Drainage Fund - $300,000 Councilmember Dodson stated it is an amazing feat to be able to make these transfers and noted it is because the City as a whole is conservative. Mayor Pro Tem Lindamood opened the public hearing at 8:22 p.m. There was no one present wishing to speak, and Mayor Pro Tem Lindamood closed the public hearing at 8:22 p.m. This was a first reading, therefore, City Council did not take any action. 6b Ordinance O-20-2134 Adoption of the proposed Fiscal Year 2021 budget Mayor Pro Tem Lindamood read the caption of Ordinance O-20-2134. Finance Director Kyle Lester presented this item, and 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. Director Lester reviewed property value calculations, the proposed tax rate, and proposed revenues and City Council Minutes September 1, 2020 City of Colleyville Page 10 expenditures by fund. Director Lester stated the only variable in the Utility Fund is the Trinity River Authority as we pay for what is used, but plan for what is proposed. Director Lester stated the proposed budget continues to adapt processes to sustain a leaner staffing model, continues operations efficiencies to absorb operating cost increases, better aligns capital expenditures with capital funds, and more efficiently uses restricted revenue for operations. City Council thanked staff for their work on the budget and meeting the City Council goals and strategies. Mayor Pro Tem Lindamood opened the public hearing at 8:36 p.m. There was no one present wishing to speak, and Mayor Pro Tem Lindamood closed the public hearing at 8:36 p.m. This was a first reading, therefore, City Council did not take any action. 6c Ordinance O-20-2135 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2021 Mayor Pro Tem Lindamood read the caption of Ordinance O-20-2135. Finance Director Kyle Lester presented this item, and noted this item is repetitive of item 5a Resolution R-20-4532, which established the ad valorem tax rate. There were no questions. Mayor Pro Tem Lindamood opened the public hearing at 8:39 p.m. There was no one present wishing to speak, and Mayor Pro Tem Lindamood closed the public hearing at 8:39 p.m. This was a first reading, therefore, City Council did not take any action. 6d Ordinance O-20-2136 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 Pro Tem Lindamood read the caption of Ordinance O-20-2136. Finance Director Kyle Lester presented this item, and highlighted the history of the Water and Wastewater Rate Advisory Committee’s work and implementation for rate establishment and CIP funds. Director Lester stated this item proposes a slight increase based on the recommendations of the Water and Wastewater Rate Advisory Committee. City Council Minutes September 1, 2020 City of Colleyville Page 11 Mayor Pro Tem Lindamood stated prior to the election of the current City Council, tiered rates were in effect and by establishing the Water and Wastewater Rate Advisory Committee the base rates and volumetric rates were established. Councilmember Dodson stated the use rate per gallon is the same for everyone, residents pay the same rate the City pays. Councilmember Kelley noted the City has conducted an analysis and study of drainage and stormwater and is developing a plan to address the challenges which will include infrastructure, and the CIP funds will be needed to move forward. Mayor Pro Tem Lindamood opened the public hearing at 8:47 p.m. There was no one present wishing to speak, and Mayor Pro Tem Lindamood closed the public hearing at 8:47 p.m. This was a first reading, therefore, City Council did not take any action. 6e Ordinance O-20-2137 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 Pro Tem Lindamood read the caption of Ordinance O-20-2137. Finance Director Kyle Lester presented this item noting these items were discussed with City Council in a previous worksession. He stated there was discussion regarding the Library STEAM Kits and clarified the $1 fee was not a rental fee, it is a late fee. He then reviewed each of the categories and noted the Colleyville Business Center rates will be codified for the first time. There were no questions. Mayor Pro Tem Lindamood opened the public hearing at 8:54 p.m. There was no one present wishing to speak, and Mayor Pro Tem Lindamood closed the public hearing at 8:54 p.m. This was a first reading, therefore, City Council did not take any action. 6f Ordinance O-20-2138 Approval of a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2020 Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement Mayor Pro Tem Lindamood read the caption of Ordinance O-20-2138. City Council Minutes September 1, 2020 City of Colleyville Page 12 Assistant City Manager Adrienne Lothery presented this item, providing a history of the Atmos Cities Steering Committee and a review of the proposed settlement, which began at request for $141.2 million and has been reduced to $90 million through the steering committee review and negotiation. Councilmember Dodson stated the tariffs Atmos asks for never go down, they are always higher. Mayor Pro Tem Lindamood opened the public hearing at 8:59 p.m. There was no one present wishing to speak, and Mayor Pro Tem Lindamood closed the public hearing at 8:59 p.m. This was a first reading, therefore, City Council did not take any action. 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING Mayor Pro Tem Lindamood stated Ordinances O-20-2111 and O-20-2112 will be considered together, but voted on separately. Councilmember Dodson made a motion to remove Ordinances O-20-2111 and O-20-2112 from the table, seconded by Councilmember Nakamura. The motion to remove from the ordinances from the table carried by the following vote: Ayes: 6 – Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Richard Newton 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 Mayor Pro Tem Lindamood read the caption of Ordinance O-20-2111. Community Development Director Ben Bryner presented this item at the same time he presented Ordinance O-20-2112. He noted this ordinance requests a zoning change for the following SUP request. After the presentation and discussion of Ordinance O-20-2112, Mayor Pro Tem Lindamood opened the public hearing at 9:24 p.m. City Council Minutes September 1, 2020 City of Colleyville Page 13 Mindy Russell, 1805 Camden Green, thanked the City Manager, Bluebonnet officials, and City Council for working with residents and asked for the residents to be included in the process of where the gates are located. There were no others wishing to speak and Mayor Pro Tem Lindamood closed the public hearing at 9:25 p.m. Councilmember Nakamura made a motion to approve Ordinance O-20- 2111, seconded by Councilmember Kelley. The motion to approve carried by the following vote: Ayes: 6 – Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Richard Newton 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 Mayor Pro Tem Lindamood read the caption of Ordinance O-20-2112. Community Development Director Ben Bryner presented this item, noting the passage of Ordinance O-20-2111 provides for the rezoning and must be approved first to consider the SUP. Director Bryner stated staff, Bluebonnet officials, and residents have met several times and reviewed the changes and he believes they have reached a good compromise. He reviewed each exhibit individually and noted all of the following have been addressed: Setbacks • No grave site or cemetery improvement shall be closer than 25 feet to the east property line with the exception of drainage improvements and landscaping • No private mausoleum/crypt shall be allowed within 100 feet of Hall-Johnson Road and the eastern boundary shared with the Broughton subdivision Drainage • Drainage conveyance to the north side of Lot 21 improved to direct discharge into Camden Green • Drainage conveyance (new concrete channel) to the south to the existing drainage system in the Broughton Addition • The existing swale shall be cleaned and maintained by the cemetery Screening Wall & Landscaping • 8’ wall a minimum of 23 feet from the east property line except adjacent to Lot 21 City Council Minutes September 1, 2020 City of Colleyville Page 14 • 8’ wall on west property line of Lot 21 to replace the existing wood fence • 6 trees – 1 over-story tree installed for each adjacent residential home Councilmember Dodson asked staff if it is necessary to show the footings on the wall channel. Director Bryner stated the drawings must be provided by a professional engineer and approved by the City Engineer, so it is not necessary at this time. Councilmember Nakamura questioned if the maximum height of crypts being established at 25 feet is correct and approved by residents, and if there were one or two gates. Patrick Husband, 3723 Pine Cone Trail, Pasadena, applicant, stated the 25-foot height was approved by the residents, however, not all crypts will be 25- foot, some will be smaller. City Manager Jerry Ducay stated there are several gates proposed, but none along the cul-de-sac. Mayor Pro Tem Lindamood opened the public hearing at 9:27 p.m. Mindy Russell, 1805 Camden Green, thanked the City Manager, Bluebonnet officials, and City Council for working with residents and asked for the residents to be included in the process of where the gates are located. There were no others wishing to speak and Mayor Pro Tem Lindamood closed the public hearing at 9:27 p.m. Councilmember Wheat made a motion to approve Ordinance O-20-2112, with the following amendments: e. The existing mausoleum will be moved outside of the 100 foot setback and j. The 8-foot wall shall be located on the west property line of Lot 21 in addition to or replacement of the existing wood fence or alternative as agreed upon by the owner of Lot 21, seconded by Councilmember Rigney. The motion to approve carried by the following vote: Ayes: 6 – Mayor Pro Tem Lindamood, and Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Richard Newton 7c Ordinance O-20-2127 Consideration for a Special Use Permit for a day care center on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-015 7d Ordinance O-20-2128 Consideration of an amendment to the PUD-C Planned Unit Development- Commercial district for the Winding Creek development, specifically for City Council Minutes September 1, 2020 City of Colleyville Page 15 hours of operation on Lots 9R and 10R, Block 1, of the Winding Creek Addition, located at 6412 and 6416 Colleyville Boulevard, Case ZC20-012 There was no motion to remove Ordinances O-20-2127 and O-20-2128 from the table. Stephen Brown, the applicant, asked if he may speak. He stated he believed this item was going to be discussed further this evening and had prepared a presentation to discuss the direction he received from the City Manager at the previous meeting to work on the design elevation and materials. Councilmember Dodson stated his concern is not the look of the building, he is concerned with the location and upset neighbors. City Manager Jerry Ducay stated he cannot recommend this item coming off the table as the applicant has not provided information requested previously. He specifically referenced the previous discussion related to the building elevation, construction material and site plan layout. The absence of such material results in Manager Ducay recommending City Council vote to deny the request if removed from the table for action. Mr. Brown stated he will contact staff to set up a time to seek clarification regarding changes and items which need to be addressed. 8. CITIZEN COMMENTS There was no one present wishing to speak. 9. REPORTS Quarterly Performance Management Report There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, SEPTEMBER 1, 2020 - READING AND PUBLIC HEARING - RESOLUTION R-20-4533 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Pro Tem Lindamood adjourned the meeting without objection by the City Council at 9:39 p.m. City Council Minutes September 1, 2020 City of Colleyville Page 16 APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 15TH DAY OF SEPTEMBER 2020. Minutes taken and prepared by: Christine Loven, TRMC City Secretary