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HomeMy WebLinkAboutCity Council-Minutes-09/15/2020 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 15, 2020 CITY COUNCIL PORTRAITS - 4:00 P.M. - CITY HALL WORKSESSION - 5:30 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL T O ORDER WS-1 Discussion of the strategy to retire Colleyville Economic Development Corporation (CEDC) debt WS-2 Explanation of electioneering lottery WS-3 Discussion of the September 15, 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 REGULAR MEETING 7:30 P.M. INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda September 15, 2020 City of Colleyville Page 2 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-20-4534 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-20-4535 4a Approval of the minutes of the regular City Council meeting of September 1, 2020 4b Approval of the continuance of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $206,623.40, 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 4c Approval of the FY2021 fleet replacement schedule 4d Adoption of the Fiscal Year 2021 to 2025 Capital Improvement Program (CIP) 4e Approval to purchase a replacement Harben Sewer Jet truck from Patterson Equipment, through the Texas Local Government Purchasing Cooperative (BuyBoard) in an amount not to exceed $117,287.00, and authorizing the City Manager to execute the contract 4f Approval to extend an ongoing annual partnership agreement with Autobahn Motor Cars to sponsor the loan of a vehicle to the Colleyville Police Department for the expressed use of the Colleyville Heritage High School Resource Officer 4g Approval of Amendment No. 1 of the Interlocal Agreement for Combined Animal Control and Shelter Services for the cities of Keller, Southlake, and Colleyville to add the city of Roanoke as a contracting partner 4h Approval of Amendment No. 1 of the Interlocal Agreement for Combined Public Safety Dispatching and Jail Services for the cities of Keller, Southlake, and Colleyville to add the city of Roanoke as a contracting partner City Council Agenda September 15, 2020 City of Colleyville Page 3 5.ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - August 2020 5b Update on Economic Development efforts 6.ORDINANCE(S): SECOND 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-20-2127 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 City Council Agenda September 15, 2020 City of Colleyville Page 4 7b 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.ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR - READING AND PUBLIC HEARING - RESOLUTION R-20-4536 10.ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 11, 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 15, 2020 CITY COUNCIL CHAMBERS Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, September 15, 2020, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Parks and Recreation Director Lisa Escobedo, Finance Director Kyle Lester, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of the strategy to retire Colleyville Economic Development Corporation (CEDC) debt Assistant City Manager Mark Wood presented this item. He noted this strategy, which will save money and keep the CEDC healthy, began with the Audit Committee, but there were several tasks which had to occur before moving forward. Once it was determined the CEDC debt was callable, staff consulted with the City’s financial advisor and auditors to determine best use of funds. It was determined there is $4.75 million in outstanding debt in the CEDC. The TIF is eligible to repay the CEDC for $5.5 million in bonds that were spent on TIF-eligible projects and will transfer that amount to the CEDC. The CEDC will pay $4.775 million in remaining principle, which saves $645,000 in interest and allows an annual use of approximately $600,000 in CEDC budget. Councilmember Nakamura asked staff what the balance of the TIF is currently. Finance Director Kyle Lester responded the balance is $17 million, but annually the TIF adds $6 million, and will expire in 2030. Mayor and City Council agreed it would be best to pay off the debt. There was general discussion regarding interest rates, strategy, and advising the TIF and CEDC boards of pending action. WS-2 Explanation of electioneering lottery City Secretary Christine Loven presented this item. She noted the City’s website has been updated to provide for the electioneering regulations and the electioneering location lottery application. Secretary Loven stated signage will be City Council Minutes September 15, 2020 City of Colleyville Page 2 placed at the corner of the street and the south property advising those who wish to electioneer to participate in the lottery and register with the City Secretary. There was discussion regarding the number of electioneers who could register and location of signage, and tents and canopies. WS-3 Discussion of the September 15, 2020, City Council regular agenda items Mayor Newton stated Agenda Items 7a and 7b will remain tabled. Mayor Newton adjourned the Worksession at 6:32 p.m. Mayor Newton called the Executive Session to order at 6:32 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including 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 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 7:10 p.m. City Council Minutes September 15, 2020 City of Colleyville Page 3 The regular meeting of the Colleyville City Council was called to order by Mayor Newton at 7:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. INVOCATION: Pastor Josh Anderson, Colleyville Presbyterian 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-20-4534 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton thanked the City Council and staff for their care and prayer for his father who was injured in a farming accident. The Mayor and Councilmembers made the following announcements. COVID Update: Utilizing the 14-day roll off calculation, Colleyville currently has 53 active positive COVID cases. Tarrant County has the city at 52 active positive cases. For the last four weeks Tarrant County has reported Colleyville at or below the number of active cases we compute with the 14 day roll off. Colleyville has no deaths. County wide the COVID numbers are definitely improving. 88% of the 44,727 cumulative COVID cases reported in Tarrant County have recovered, currently leaving 5,332 active cases in the county. Only 201 hospital beds in the county are being used by COVID patients which is only 4% of the total hospital bed capacity. Hospital bed capacity used by non-COVID patients is at 62%. So you can see that COVID patients only account for a small portion of hospital be usage. John Peter Smith hospital has actually closed its COVID section since it was deemed no longer needed. Also now that school has started there are a lot of concerned school children and parents. I think it is worth reviewing the actual statistics by age for Tarrant County. People 65 years of age and older account for 10% of the cases and 72% of the deaths. The 25-44 age group accounts for 37% of the cases, but only 5% of the deaths. And lastly, the under 25 age group accounts for 25% of the cases and no deaths in Tarrant County. So you can see the younger population is very resilient. This is also why the hospital utilization capacity is low. City Council Minutes September 15, 2020 City of Colleyville Page 4 Aerial Mosquito Spraying Update: Tarrant County Health Department has notified our staff that they have delayed aerial spraying for mosquitos due to a substantial decline in the cases of West Nile. They will reevaluate the situation later this week and may decide to proceed with the aerial spraying if they notice a climb in cases indicating a second peak in cases. Please watch for updates on the city’s social media. Police Department Honors Fallen Heroes: Last Friday, the Police Department held a ceremony to commemorate the 40th anniversary of the death of Reserve Officer Dennis E. Harrell (End of Watch date 9/12/1980) – the only Colleyville Police Officer killed in the line of duty. Additionally, the ceremony honored those who gave their lives responding to the terrorist attacks on 9/11/2001. Flags were flown at half-mast in recognition of the day and a personalized flag with Officer Harrell’s name, badge number, and EOW date was flown along-side the American and State of Texas flags. Mayor Pro Tem Lindamood and Chief Miller delivered some remarks in remembrance of Officer Harrell and those who lost their lives on 9/11. The ceremony was recorded and will be sent to the family. Chief Miller and the Police Department are to be commended for keeping the memory of these fallen heroes alive. It was a somber but beautiful event. Sales Tax Update: Sales tax revenue continues to be strong. Collections for the month of September were on par with last year’s collection for the same month. When we adjust for a one-time audit revenue windfall, we see a 2.9% increase in year-over-year collections for the month of September. Overall, Colleyville has collected $511,000 more in sales tax revenue in fiscal year 2020 than in fiscal year 2019. We appreciate the support our residents show our business community and the sales tax generated for city services. Remember to shop Colleyville! Colleyville “Stars” Named: Colleyville has an exceptional staff. Each year we recognize a few of those exceptional individuals as “all stars.” The all-stars represent the city at the Chamber of Commerce Golf Outing in September. Below are the 2020 Colleyville All-Stars: Kenny Phillips (Fire), Sean Koval (Info. Services), Keyla Gomez (ISM), Christine Kuderer (Library), Lisa Escobedo (Parks), Eddie Wilson (Comm. Dev.), Karen Hines (Finance), Steven Schlekewy (Parks), Joshua Newman (PD), Josiah Kamppi (PD), Damaso Jordan (PW), and Ricardo Valdez (PW). Chamber of Commerce Golf Outing: Planning for the Colleyville Chamber's annual Golf Classic is in full swing. Get a foursome together and enjoy all that is great about a day of golf with your friends. The event will be held Monday, September 21 at the Texas Star Golf Course in Euless. Check In Begins at 6:30 a.m. with a Shotgun Start at 8:00 a.m. North Texas Giving Day: The annual North Texas Giving Day is scheduled for Thursday, September 17. This is a special day when the grace of our community is City Council Minutes September 15, 2020 City of Colleyville Page 5 on display through charitable donations to so many wonderful causes. You may not realize that the Colleyville Public Library is an option for donors. This year, donors may make their contributions early. The giving window opened on September 1st and will remain accessible from now through September 17th. Community members may access the Library Foundation’s page at www.northtexasgivingday.org to make their contribution. All 100 percent of the proceeds received by the Colleyville Public Library Foundation raised through North Texas Giving Day will go directly to the Library for programs and services. Fall Library Programs Open for Registration: Fall Library programs begin Monday, September 14. Registration is now open and available to all Library card holders. Registration may be completed online at www.colleyvillelibrary.com or in person. The Fall line-up of offerings includes something for everyone in the family! Returning this fall are the ever-popular Story Time youth programs, inter- generational Family Art classes, Get Crafty: Take and Make projects for tweens and adults, and adult book clubs and online TED talks. All programs will be virtual this Fall. Craft supplies required for art programs will be available for pick-up prior to any of the scheduled events. Class registrations fill up quickly so reserve your spot today! 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-20-4535 4a Approval of the minutes of the regular City Council meeting of September 1, 2020 4b Approval of the continuance of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $206,623.40, 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 4c Approval of the FY2021 fleet replacement schedule 4d Adoption of the Fiscal Year 2021 to 2025 Capital Improvement Program (CIP) 4e Approval to purchase a replacement Harben Sewer Jet truck from Patterson Equipment, through the Texas Local Government Purchasing Cooperative (BuyBoard) in an amount not to exceed $117,287.00, and authorizing the City Manager to execute the contract 4f Approval to extend an ongoing annual partnership agreement with Autobahn Motor Cars to sponsor the loan of a vehicle to the Colleyville Police Department for the expressed use of the Colleyville Heritage High School Resource Officer City Council Minutes September 15, 2020 City of Colleyville Page 6 4g Approval of Amendment No. 1 of the Interlocal Agreement for Combined Animal Control and Shelter Services for the cities of Keller, Southlake, and Colleyville to add the city of Roanoke as a contracting partner 4h Approval of Amendment No. 1 of the Interlocal Agreement for Combined Public Safety Dispatching and Jail Services for the cities of Keller, Southlake, and Colleyville to add the city of Roanoke as a contracting partner Mayor Newton read Resolution R-20-4535 in its entirety. Parks and Recreation Director Lisa Escobedo presented item 4b, noting the contract is for maintenance of over 80 City properties equaling over 175 acres. Councilmember Dodson asked if the 25-percent change order was standard. Director Escobedo noted it is a standard amount, but will also provide for the City Manager to authorize use of the funds if there is a special need or if the City acquires additional property. Assistant City Manager Adrienne Lothery presented item 4c noting this is the first year of experience with Enterprise and another review of the program will be conducted as planning for the FY2022 budget begins. There were no questions. Public Works Director Ray Silva-Reyes presented items 4d and 4e. Director Silva- Reyes provided the highlights of the FY2021 CIP, all of which were previously reviewed during the budget process. Mayor Newton asked Director Silva-Reyes why the water and wastewater project with the road was not taken from the Capital Fund. Director Silva-Reyes stated the strategy is to combine projects and funding where possible and utilize the most restrictive funding first. There were no questions regarding 4e. Police Chief Michael Miller presented 4f, 4g, and 4h. There were no questions however, Mayor Newton and the City Council expressed their appreciation of Autobahn Motors and welcomed Roanoke as a partner in the Animal Control and Dispatching and Jail Services agreement. Mayor Newton opened the public hearing at 8:23 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to item 4b due to expense and encouraged the City to include drought resistant vegetation in the new medians. There were no others wishing to speak and Mayor Newton closed the public hearing at 8:27 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-20- 4535 and Councilmember Nakamura seconded the motion. City Council Minutes September 15, 2020 City of Colleyville Page 7 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 5a Monthly Financial Report - August 2020 Finance Director Kyle Lester presented the monthly financial report, noting this is the second to last month of FY2020 and though there are more expenditures than revenue in September, there will still be a surplus. Director Lester provided the highlights of each fund. He stated even with the pandemic, the sales tax receipts are 7% over the previous year. 5b Update on Economic Development efforts Assistant City Manager Adrienne Lothery presented this item by providing a historic review of Economic Development Programs and Grants and highlighting the Colleyville Business Center and the 1 Million Cup Northeast Tarrant County Program. Mayor Newton thanked Manager Lothery for the overview and explanation of the plan going forward. He stated he appreciates the uniqueness of the programs and is pleased they have all been well received. Mayor Pro Tem Lindamood, Councilmembers Rigney and Kelley all expressed appreciation of the Colleyville Business Center. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-20-2133 Amending Ordinance O-19-2094 relating to the Fiscal Year 2020 budget Mayor Newton read the caption of Ordinance O-20-2133. Finance Director Kyle Lester presented this item, stating this ordinance provides for the transfer of the FY 2020 General Fund operating surplus to the Capital Projects Fund for future capital projects, transfers the FY 2020 Utility Fund operating surplus to the Utility Capital Projects Fund for future utility capital projects, transfers the FY 2020 Drainage Fund operating surplus to the Drainage Capital Projects Fund for future drainage capital projects, and in the event that expenditures in a department exceed the adopted budget for that department, transfers all or part of the unencumbered appropriation balance from one department to another. Director Lester stated the transfers are part of closing out the FY20 budget. City Council Minutes September 15, 2020 City of Colleyville Page 8 Mayor Newton opened the public hearing at 9:00 p.m. There was no one present wishing to speak, and Mayor Newton closed the public hearing at 9:00 p.m. Councilmember Kelley made a motion to approve Ordinance O-20-2133 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-20-2134 Adoption of the proposed Fiscal Year 2021 budget Mayor Newton 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 which is lower than the no new revenue tax rate, and proposed revenues and expenditures by fund. Director Lester stated due to COVID the City lost approximately $240,000 in projected revenue, noting fines, building permits, recreation, and Colleyville Center rental fees were affected. Director Lester stated the proposed budget is conservative, balanced, and 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. Mayor Newton stated this budget and the City’s financial standing is phenomenal and carries forth the City Council’s strategy of running the City efficiently as a small business and paying cash. He noted the budget amount drives what the tax rate must be, and the fact that we are approving a tax rate less than the no new revenue tax rate means the budget is very efficient with no unnecessary fat. City Council thanked staff for their work on the budget and meeting the City Council goals and strategies. Mayor Newton opened the public hearing at 9:26 p.m. There was no one present wishing to speak, and Mayor Newton closed the public hearing at 9:26 p.m. Councilmember Dodson made a motion to approve Ordinance O-20-2134 and Mayor Pro Tem Lindamood seconded the motion. City Council Minutes September 15, 2020 City of Colleyville Page 9 The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 6c Ordinance O-20-2135 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2021 Mayor Newton read the caption of Ordinance O-20-2135. Finance Director Kyle Lester presented this item and noted early on there were 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. Director Lester also noted 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 compared to the previously calculated no-new-revenue tax rate of $0.310644. Mayor Newton stated 2016 was a key year for setting a policy of trying to achieve the no new revenue tax rate each year which means the City is not raising additional tax revenue from its citizens each year. This means that when property values go up the tax rate must go down to maintain the same tax revenue as the previous year. Mayor Newton opened the public hearing at 9:38 p.m. There was no one present wishing to speak, and Mayor Newton closed the public hearing at 9:38 p.m. Councilmember Rigney made a motion to approve Ordinance O-20-2135 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. City Council Minutes September 15, 2020 City of Colleyville Page 10 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 Newton 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. Mayor Newton stated this process is an effective strategy and ensures accountability to the funds. He noted this strategy was developed by the ad-hoc Water and Wastewater Rate Advisory Committee and their recommendations will be built into a policy ordinance going forward. Councilmember Dodson stated the Water and Wastewater Rate Advisory Committee met to review the proposed rates and endorsed them unanimously. Councilmember Kelley noted the significance of prioritizing the smaller projects for completion, using the most restrictive dollars first, before moving on to the larger projects. Mayor Newton opened the public hearing at 10:01 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this item with concerns for the cost of water and wastewater services. There were no others wishing to speak, and Mayor Newton closed the public hearing at 10:02 p.m. Councilmember Kelley made a motion to approve Ordinance O-20-2136 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. 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 City Council Minutes September 15, 2020 City of Colleyville Page 11 Mayor Newton 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. Mayor Newton opened the public hearing at 10:11 p.m. Kathy Hadley, 204 Timberline Drive North, spoke in favor of this item. There were no others wishing to speak, and Mayor Newton closed the public hearing at 10:11 p.m. Councilmember Wheat made a motion to approve Ordinance O-20-2137 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-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 Newton read the caption of Ordinance O-20-2138. 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, and includes a two month delay. Councilmember Dodson stated the Railroad Commission is in no position to do what the Public Utility Commission should do and that electric rates should fall under the Public Utility Commission to better serve the public’s interest. Mayor Newton opened the public hearing at 10:19 p.m. There was no one wishing to speak, and Mayor Newton closed the public hearing at 10:19 p.m. Councilmember Nakamura made a motion to approve Ordinance O-20- 2138 and Mayor Pro Tem Lindamood seconded the motion. City Council Minutes September 15, 2020 City of Colleyville Page 12 The motion to approve carried by the following vote: Ayes: 7 – Mayor Newton, Mayor Pro Tem Lindamood, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. 7. TABLED: ORDINANCE(S) READING AND PUBLIC HEARING Items 7a and 7b were not removed from the table. 7a 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 7b 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 Kathy Hadley, 204 Timberline Drive North, discussed the timing being off on the traffic signal at Highway 26 and Glade Road, requested the parking lot of the Walmart Neighborhood Market be made a bit nicer, and spoke opposing the Glade Road and Bluebonnet Drive project. Mrs. Hadley also thanked the City Manager for assisting her with her fence issue. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR - READING AND PUBLIC HEARING - RESOLUTION R-20-4536 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 10:26 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 6TH DAY OF OCTOBER 2020. City Council Minutes September 15, 2020 City of Colleyville Page 13 Minutes taken and prepared by: Christine Loven, TRMC City Secretary