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HomeMy WebLinkAboutCity Council-Minutes-09/07/2021 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 7, 2021 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Overview of the Colleyville Public Library Long-Range Plan Update WS-2 Discussion of a citizens committee to evaluate a potential General Capital Projects fee WS-3 Discussion of a Heroes Park Nomination Review Committee WS-4 Discussion of Tinker Road Improvements Project WS-5 Discussion of the September 7, 2021, 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 62 Main Street LLC, Tap Realty, LLC, vs Neighborhood Management, Inc. ET AL 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. CITY COUNCIL CHAMBERS City Council Agenda September 7, 2021 City of Colleyville Page 2 INVOCATION: Pastor Kyle Bauman, Bear Valley PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4645 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton presentation of the key to the City to U.S. Representative Beth Van Duyne Tarrant County Bond Election information by Tarrant County Commissioner Gary Fickes 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21-4646 4a Approval of the minutes of the regular City Council meeting of August 17, 2021 4b Approval to enter into a Construction Services Agreement with Child's Play, Inc., for the installation of the City Park softball shade structure with seating and playground, in an amount not to exceed $118,140, and authorizing the City Manager to execute the Agreement 4c Approval to use the Voluntary Library Fund in Fiscal Year 2022, for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $170,000 4d Approval of the FY22 Contractual Agreement between the City of Colleyville and the Colleyville Chamber of Commerce 4e Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2022-2026 of the Colleyville Economic Development Corporation 4f Adoption of the Colleyville Economic Development Corporation Fiscal Year 2022 Budget City Council Agenda September 7, 2021 City of Colleyville Page 3 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-21-2168 Consideration of an amendment to the PUD-C Planned Unit Development- Commercial district, specifically to revise the building elevations on Lot 2, Block 1, BYD Addition, located at 1109 Glade Road, Case ZC21-017 5b Ordinance O-21-2169 Amending Ordinance O-20-2134 relating to the Fiscal Year 2021 budget 5c Ordinance O-21-2170 Adoption of the proposed Fiscal Year 2022 budget 5d Ordinance O-21-2171 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2022 5e Ordinance O-21-2172 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 5f Ordinance O-21-2173 Amending the City’s fee schedule by amending and restating Section 2- 26 of the Colleyville, Texas, Code of Ordinances, establishing fees and charges for City services 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-21-2167 Approval of a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2021 Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-21-4647 Consideration of a Minor Plat with a plat waiver for lot width for Lot 1, Block 1, Dossani Paradise Family Addition, being Tracts 2D & 2D3, Abstract 233, D. R. Blanton Survey, located at 5209 Bluebonnet Drive, Case PC21-014 7b Resolution R-21-4648 Consideration of a variance to the provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically for lot area and setbacks in the R-40 Single Family Residential district, for Lot A1, Block 2, Reagan Estates, located at 701 W. LD Lockett Road, Case VC21-003 City Council Agenda September 7, 2021 City of Colleyville Page 4 8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-21-4574 Consideration of a request to abandon a previously dedicated right-of- way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-007 8b Resolution R-21-4575 Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-006 9. CITIZEN COMMENTS 10. REPORTS Planning and Zoning Commission Minutes - June 14, 2021 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, SEPTEMBER 7, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4649 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 3, 2021 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 7, 2021 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, September 7, 2021, 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, Community Development Director Ben Bryner, Public Works Director Ray Silva-Reyes, Library Director Mary Rodne, Parks and Recreation Director Lisa Escobedo, Colleyville Center/Colleyville Business Center Manager Leslie Hill, City Attorney Nicole Corr, and City Secretary Christine Loven. WS-1 Overview of the Colleyville Public Library Long-Range Plan Update Library Director Mary Rodne provided highlights of past long range plan elements, which have been implemented and introduced Bill Hidell of Hidell Architects, who will conduct the long-range plan, and members of the Colleyville Library Board. Mr. Hidell gave an overview of the planning process phases, which include data, collection, design workshop, long-range plan survey, and a final report. Mr. Hidell explained the public input process under the design workshop would provide for stakeholders to exchange ideas and information utilizing data as a backdrop to start the discussion and navigate solutions. The results of the process will establish short and long-term goals for user-centered service delivery, marketing, collections, technology, programs, and services. In answer to questions from Mayor Newton, Mr. Hidell noted the Colleyville Library has been very successful where others have failed, and the long-range plan will establish needs and measurable goals. Mr. Hidell stated he anticipates this project to last two to three months. WS-2 Discussion of a citizens committee to evaluate a potential General Capital Projects fee Mayor Newton stated he would like the Council to consider creating a citizens committee to evaluate a general capital projects fee, much like the citizens committee, which developed the water and wastewater base rates. The City Council agreed with the need for the committee and directed staff to draft objectives and a resolution to bring before the Council at the next meeting. City Council Minutes September 7, 2021 City of Colleyville Page 2 WS-3 Discussion of a Heroes Park Nomination Review Committee Mayor Newton advised the City Council he would like to take the lead to develop criteria to be selected for inclusion in Heroes Park. He noted this was once at the discretion of the Historical Preservation Committee and he would like a more formalized, sustainable process. With City Council agreement, Mayor Newton will bring recommendations to the City Council in October for further discussion and implementation. WS-4 Discussion of Tinker Road Improvements Project Public Works Director Ray Silva-Reyes presented this item by giving a recap of the purpose of this project, which is to provide a safe road with improved surface, address specific drainage issues, provide pedestrian transportation, and replace utilities where appropriate. Director Silva-Reyes noted the current recommendation for the project is to implement a maintenance strategy and preserve an expansion option for the future. He reviewed the staff recommended details of the project and sought City Council direction. There were several Tinker Road residents who asked questions of the City Council and provided input on their preferences, which included placing a sidewalk on only one side of the road, no installation of an eight-foot trail on the north side, and to be diligent in removing as few trees as possible. Following the discussion, City Council directed staff to collect additional data regarding trees, right-of-way acquisition, and a survey, which provides the number of houses, mailboxes, and fencing, which will potentially be impacted and to bring a report to the City Council at a future meeting. WS-5 Discussion of the September 7, 2021, City Council regular agenda items Mayor Newton stated due to an upgrade to the voting software not being complete, he will call the vote manually for all items on this agenda. He also noted tabled items 8a and 8b will be removed from the table and dispensed with, however, due to a last minute change in availability, the applicant for item 7b has asked for the item to be tabled. Mayor Newton adjourned the Worksession at 6:26 p.m. and called the Executive Session to order. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. City Council Minutes September 7, 2021 City of Colleyville Page 3 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 62 Main Street LLC, Tap Realty, LLC, vs Neighborhood Management, Inc. ET AL 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 There was no action taken and Mayor Newton adjourned the Executive Session at 7:10 p.m. p.m. Mayor Newton called the regular meeting of the City Council to order at 7:31 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: Mayor Pro Tem Bobby Lindamood INVOCATION: Pastor Kyle Bauman, Bear Valley PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr Mayor Newton stated Mayor Pro Tem Bobby Lindamood had a family emergency and had to leave. He then welcomed City Attorney Nicole Corr, who is filling in for 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-21-4645 This resolution was not needed. City Council Minutes September 7, 2021 City of Colleyville Page 4 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton presentation of the key to the City to U. S. Representative Beth Van Duyne Mayor Newton welcomed U. S. Representative Beth Van Duyne and thanked her for representing the citizens of Colleyville. He gave a brief overview of Representative Van Duyne’s accomplishments and presented her with a key to the City. Congresswoman Van Duyne thanked the Mayor and took questions from the City Council. Tarrant County Bond Election information by Tarrant County Commissioner Gary Fickes Mayor Newton welcomed Precinct 3 Tarrant County Commissioner Gary Fickes who brought information on the 2021 Transportation Bond election. Commissioner Fickes noted the bond election would be conducted November 2, 2021 with early voting occurring October 18 through October 29, 2021. Commissioner Fickes explained the bond program goals are to reduce congestion and increase mobility, enhance safety and improve connectivity, and provide a broad range of projects and agency participation without a tax increase. He went on to review the structure, the projects submittal summary, and the project categories. Mayor Newton expresses his appreciation and that of the City to Commissioner Fickes for being a supportive partner and awarding funding to the City. Mayor Newton and the Councilmembers made the following announcements: COVID-19 Update – Colleyville’s active positive case count remains steady at around 200 cases. The hospital and TSA-E statistics have also remained consistent. I want to call your attention to the two charts from TarrantCounty.com. The first one is the epidemic curve. It shows a plateau of cases around mid- August, continuing throughout August, and then sharply decreases the week ending September 4th. We do not know why this is the case or if it is a trend. It is the data we have, is good news, and we will continue to monitor. Similarly, this chart, which is deaths, is very similar and shows a plateau in mid-August followed by a decline for last week. Further, the City received an email from Tarrant County Public Health recently that said they are changing first responder notifications for COVID. Tarrant County Public Health is no longer providing advance notice of COVID cases to be able to flag in CAD systems. They said, though, that they would provide notification when Tarrant County Public Health monitors individuals for exposure to other communicable diseases. City Council Minutes September 7, 2021 City of Colleyville Page 5 9-11, 20th Anniversary Remembrance Ceremony – The Colleyville Fire Department invites the public to a remembrance ceremony honoring the lives lost on 9/11/2001. The event includes a presentation of the flags by Colleyville Fire Department's Honor Guard, invocation by Colleyville Fire Department's Chaplain Jeremy Lewis, guest speakers Chief Mark Cantrell and Mayor Richard Newton, and concludes with a moment of silence. The event will be held on Saturday, September 11, 9 AM, at City Hall Plaza. Colleyville Fire Department 2021 Mission Lifeline Silver Award – Colleyville Fire Department has received the American Heart Association’s 2021 Mission: Lifeline® EMS Silver Plus Achievement Award for implementing specific quality improvement measures to treat patients who suffer severe heart attacks. Over the last three years, our department has had 17 saves! “Colleyville Fire Department is honored to be recognized by the American Heart Association for our dedication to providing optimal care for heart attack patients,” said Chief Mark Cantrell. “The Mission: Lifeline program puts proven knowledge and guidelines to work on a daily basis so patients have the best possible chance of survival.” Police Department Personnel Recognition on National Stage – We were notified by the Department of Justice this week that Detective Prater and Detective Self have been named separately as finalists for the Attorney General’s Award for Distinguished Service in Policing. The Attorney General’s Award recognizes individual state, local, or tribal sworn, rank-and-file police officers and deputies for exceptional efforts in community policing. Those awarded will have demonstrated active engagement with the community in one of three areas: criminal investigations, field operations, or innovations in policing. The Detectives were nominated separately for their work on the two criminal investigations that received awards from the International Association of Chiefs of Police. It will be another five or six weeks before the winners are selected. We continue to be proud of the exceptional work coming out of the Police Department. Powerful Response to Military Care Package – This week we received yet another nice message from a member our armed forces. Sgt. Peter Hilleren sent the following note extoling the virtues of his connection to Colleyville. It was a positive reflection of our City and the exceptional service of those who keep our nation safe. Sgt. Hilleren’s email fills our hearts with pride and appreciation for this exceptional City and this exceptional nation! City of Colleyville, I would just like to say thank you. As a member of the United States Military, I genuinely appreciate your support. Your care package was a very nice surprise. City Council Minutes September 7, 2021 City of Colleyville Page 6 One thing I learned from my dad, early in life, was that where you come from means something. It helps establish your values, customs, beliefs, traditions, etc. My family moved to Colleyville in 1997 and my parents still live there. My dad is a member of the local Lions club, as well as a Citizen on Patrol (COP). Colleyville is home to me. America is such a great place. Four deployments overseas have made me appreciate not only our way of life, but also our freedoms and prosperity. I'm proud to say that I'm from the great state of Texas, as well as the great city of Colleyville. PETER R. HILLEREN, TSgt, USAF Professional Military Education Instructor Paying It Forward – A Public Works Operation crew responded to a waterline leak inside the Tara Subdivision on Wednesday night (9/1) at 10:30 p.m. Upon further inspection, the waterline leak turned out to be a 10-inch waterline break. Due to the size of the break on the waterline, it had to be repaired right away. The Operation crew spent all night repairing the waterline, and finished around 9 a.m. the next day. Afterwards, management took the crew out for brunch to thank them for working through the night. The crew chose to eat at Benny’s Café. After the crew finished eating brunch, we were informed that another table picked up the tab for the crew. The individual who picked up the tab turned out to be Professional Golfer, Ryan Palmer. We did not get a chance to thank him for picking up the tab since he left before we finished eating, but the gesture was appreciated by the crew. The individuals who worked on the repair were Robbie Pinner, Clinton Seagroves, Gilberto Rolon, Adrian Atilano, Caesar Nunez, John Bland, and Jon Escamilla. We appreciate the crew’s efforts to work through the night to make the necessary repair to the waterline. We are so blessed to have a wonderful public works crew who is supported by our exceptional residents. Yet another example of the Colleyville spirit. Thank you to our Public Works crew and thank you Mr. Palmer. Building Code Committee Competes Review – For nearly five months, a staff committee has met on a weekly basis to review the 2015 and 2018 updates to the International Residential, Commercial (Building), Fire, Energy, Plumbing / Mechanical / Gas, Electrical and Pool/Spa Code (15 books in all). The committee will present a recommendation for adoption at the September 21st council worksession with formal adoption coming at a future council meeting. This volunteer committee is to be commended for their commitment to this effort. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21-4646 4a Approval of the minutes of the regular City Council meeting of August 17, 2021 City Council Minutes September 7, 2021 City of Colleyville Page 7 4b Approval to enter into a Construction Services Agreement with Child's Play, Inc., for the installation of the City Park softball shade structure with seating and playground, in an amount not to exceed $118,140, and authorizing the City Manager to execute the Agreement 4c Approval to use the Voluntary Library Fund in Fiscal Year 2022, for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $170,000 4d Approval of the FY22 Contractual Agreement between the City of Colleyville and the Colleyville Chamber of Commerce 4e Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2022-2026 of the Colleyville Economic Development Corporation 4f Adoption of the Colleyville Economic Development Corporation Fiscal Year 2022 Budget Mayor Newton read Resolution R-21-4646 in its entirety. Parks and Recreation Director Lisa Escobedo presented item 4b, which is a small playground on a pour-in-place surface, and a large hexagon shade structure that would complement the current baseball shade structure, and was provided for in the 2021 Capital Improvement Plan. Councilmember Dodson asked why the additional costs of excavation, landscaping, and concrete were not included in this quote. Director Escobedo noted much of the ground preparation would be done by a separate contractor and the City. Councilmember Wheat clarified the project is going to come in under the budgeted $300,000 and Director Escobedo confirmed. Library Director Mary Rodne presented item 4c. There were no questions. Colleyville Center and Colleyville Business Center Manager Leslie Hill presented item 4d. There were no questions; however, Mayor Newton stated the difference in the contract includes enhanced IT services to the Chamber, which will enhance their services. Finance Director Kyle Lester presented items 4e and 4f. There were no questions. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 8:57 p.m. Councilmember Dodson made a motion to approve Resolution R-21-4646, seconded by Councilmember Nakamura. The motion to approve carried by the following vote: City Council Minutes September 7, 2021 City of Colleyville Page 8 Ayes: 6 - Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Pro Tem Lindamood 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-21-2168 Consideration of an amendment to the PUD-C Planned Unit Development- Commercial district, specifically to revise the building elevations on Lot 2, Block 1, BYD Addition, located at 1109 Glade Road, Case ZC21-017 Mayor Newton read the caption of Ordinance O-21-2168. Community Development Director Ben Bryner presented this item, which is a request to amend the PUD-C to provide for new building elevations on the last remaining lot approved under the 2014 PUD-C. City Manager Jerry Ducay stated the previously approved ordinance had an exhibit attached showing the elevations and was referenced in the ordinance to require the construction to be generally consistent, staff took the position that there was not a general consistency in the design and therefore required the applicant to go back through the PUD process. Manager Ducay stated the direction is not a reflection of the quality of the construction or proposed elevations, he felt the PUD was clear and would have to be adhered to, or Council would have to consider any changes before the permit could be issued. Councilmember Dodson stated there is not an increase in size, only in design, and it looks reasonable to him. Mayor Newton asked staff what type of building material would be used. Director Bryner responded stone, brick, and painted metal. Mayor Newton opened the public hearing at 9:05 p.m. Becky Freeman, 1112 Jo Carol, asked the City Council the answer the following questions regarding the project: is there parking behind the building, where the trash receptacle would be located, are the windows reflection, what type of lighting is allows and will there be landscaping. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:08 p.m. Mayor Newton asked the applicant to come forward to answer the questions put forth by Ms. Freeman. Applicant Doug Skomer, 1105 Glade Road, came forward and advised the City Council and Ms. Freeman there is no parking behind the City Council Minutes September 7, 2021 City of Colleyville Page 9 building, the trash receptacles are yard carts taken to the street, not a dumpster to be serviced, the exterior lights are required at the exterior doors and are coach lights, and the landscaping will be finished per the PUD. In addressing the window reflection, Mr. Skomer stated the windows are non-reflective and the building faces north and south and the stone wall will also reduce any reflection. Mr. Skomer also stated the entry feature of the building is stucco board with a metal awning. Councilmember Dodson asked Mr. Skomer why he is using stucco board instead of stucco. Mr. Skomer replied the stucco board has a warranty of 100 years and is easier to maintain. Upon further questioning, Mr. Skomer clarified the material he called stucco is actually a Hardy Board product which is a concrete based product. There was discussion regarding shrubs and window treatments. Mr. Skomer stated the windows will not have treatments and the landscaping will be in accordance with the PUD. This was a first reading; therefore, Council did not take action. 5b Ordinance O-21-2169 Amending Ordinance O-20-2134 relating to the Fiscal Year 2021 budget Mayor Newton read the caption of Ordinance O-21-2169. Finance Director Kyle Lester presented this item, noting the ordinance provides for the transfer of the FY 2021 operating surpluses to the respective Capital Projects Fund for future capital projects (General, Utility, and Drainage Funds). He stated in the event the expenditures in a department exceed the adopted budget for the department, there would be a transfer of all or part of the unencumbered appropriation balance from one department to another. He noted there are several overages in the FY21 budget due to increased IT costs related to videos, events advertising, increased electricity, phone, first response costs related to winter storm/pandemic, and legal fees. These overages are minor and will be handled as described above. There will be a significant operating surplus overall. The City Manager and Mayor estimates of the surplus range between 1 and 2 million dollars. There were no questions. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 9:26 p.m. This was a first reading therefore; City Council did not take any action. City Council Minutes September 7, 2021 City of Colleyville Page 10 5c Ordinance O-21-2170 Adoption of the proposed Fiscal Year 2022 budget Mayor Newton read the caption of Ordinance O-21-2170. Finance Director Kyle Lester presented this item, and provided a history of the Council’s budget efforts since 2018. He then highlighted the key accomplishments of this proposed budget, which include the no-new-revenue tax rate for fourth consecutive year, a balanced budget which demonstrates responsible fiscal management, and maintains service levels across the City, without cuts. Director Lester stated the proposed budget aligns expenditures with appropriate funding sources, and the CIP includes investment in and replacement of the City’s infrastructure and furthers beautification efforts throughout the community. Director Lester reviewed property value calculations, the proposed tax rate, and proposed revenues and 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. City Council thanked staff for their work on the budget and meeting the City Council goals and strategies. There were no questions. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 9:44 p.m. This was a first reading therefore; City Council did not take any action. 5d Ordinance O-21-2171 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2022 Mayor Newton read the caption of Ordinance O-21-2171. Finance Director Kyle Lester presented this item and stated for the fourth year in a row, the Council’s efforts have resulted in the proposal of a no-new revenue tax rate. The calculated FY2022 no-new-revenue tax rate is $0.291778/$100 valuation and the proposed tax rate is the same as the no-new-revenue rate. Mayor Newton stated Colleyville has lead the region in being fiscally conservation and other cities are now striving for achieving the no-new-revenue- tax rate. However, Colleyville is the first city to achieve a no-new-revenue-tax rate for four consecutive years. There were no questions. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 9:46 p.m. City Council Minutes September 7, 2021 City of Colleyville Page 11 This was a first reading therefore; City Council did not take any action. 5e Ordinance O-21-2172 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-21-2172. 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 approval of this ordinance would provide for using the funding model proposed by the Water and Wastewater Rate Advisory Committee, which met August 24, 2020, to increase the current water and wastewater base rates and Utility Capital Improvement Plan (CIP) base rate to fund future utility capital projects. Councilmember Dodson asked if the $5.83 rate takes into consideration the $1.2 million dollars added to the fund. Director Lester stated it does. Mayor Newton requested the fund balance be shown at the next meeting. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 9:52 p.m. This was a first reading therefore; City Council did not take any action. 5f Ordinance O-21-2173 Amending the City’s fee schedule by amending and restating Section 2-26 of the Colleyville, Texas, Code of Ordinances, establishing fees and charges for City services Mayor Newton read the caption of Ordinance O-21-2173. Finance Director Kyle Lester presented this item and noted fee changes are proposed the Colleyville Business Center office rental fees, Community Development Board of Appeals fees, Utility meter and inspection fees, and adding a fee for pickle-ball court rentals. There was discussion of the meter fees and Mayor Newton requested to know if these are new fees or if these are current fees being increased and asked for a comparison. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 9:58 p.m. City Council Minutes September 7, 2021 City of Colleyville Page 12 This was a first reading therefore; City Council did not take any action. Mayor Newton declared a recess at 9:59 p.m. and reconvened the meeting at 10:08 p.m. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-21-2167 Approval of a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2021 Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement Mayor Newton read the caption of Ordinance O-21-2167. Assistant City Manager Adrienne Lothery presented this item by providing a recap of the Steering Committee (ACSC) and the Rate Review Mechanism (RRM). She stated in early April Atmos filed a rate request pursuant to the RRM Tariff adopted by ACSC members. Atmos claimed its cost-of-service in the test year ending December 31, 2020, entitled Atmos to additional system-wide revenues of $43.4 million. Application of the standards set forth in ACSC’s RRM Tariff required Atmos to reduce its request to $40.5 million, $29.3 million of which would be applicable to ACSC members. ACSC’s consultants concluded the system-wide deficiency under the RRM regime should be $22.34 million instead of the claimed $40.5 million. The amount of the $22.34 million deficiency applicable to ACSC members would be $16.8 million. After Atmos reviewed the ACSC consultant’s report, ACSC’s Executive Committee and the Company negotiated a settlement whereby Atmos would receive an increase of $22.78 million from ACSC cities, but with a two-month delay in the effective date until December 1, 2021, saving ratepayers approximately $3.8 million. There were no questions however, Councilmember Dodson stated he does not agree with the ordinance, but knows it must be passed. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 10:13 p.m. Councilmember Kelley made a motion to approve Ordinance O-21-2167, seconded by Councilmember Dodson. The motion to approve carried by the following vote: Ayes: 6 - Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Pro Tem Lindamood City Council Minutes September 7, 2021 City of Colleyville Page 13 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-21-4647 Consideration of a Minor Plat with a plat waiver for lot width for Lot 1, Block 1, Dossani Paradise Family Addition, being Tracts 2D & 2D3, Abstract 233, D. R. Blanton Survey, located at 5209 Bluebonnet Drive, Case PC21-014 Mayor Newton read Resolution R-21-4647 in its entirety. Community Development Director Ben Bryner presented this item for a waiver for lot width to allow the property to be platted for one single-family home. There was discussion regarding maximum lot coverage, required setbacks, and if the land could be subdivided. Mayor Newton opened the public hearing at 10:21 p.m. Dean Phillips, 1604 Cherry Lane spoke in opposition to the request with concern for the size of the house to be constructed. Kathleen Hennessey, 5013 Stonebridge Drive, spoke in opposition with concern for the size and location of a home. There were no others wishing to speak and Mayor Newton closed the public hearing at 10:31 p.m. Mayor Newton asked Jay Huffman, representing the applicant to come forward and asked if he knew what the applicant’s plans were. Mr. Huffman stated he is the civil engineer and is not sure what the plans are, however, the applicant has been their client for many years, and he feels he is an honest person who will abide by the regulations. Mayor Newton stated he and the Council appreciate the comments made and the history on the evolution of the property. He noted only one house can be located on the property and there is no regulation which limits the size of the house, predicated on lot size, therefore, City Council cannot impose a regulation. The house will be required to meet all requirements of the Land Development Code. Councilmember Rigney made a motion to approve Resolution R-4647, seconded by Councilmember Wheat. The motion to approve carried by the following vote: City Council Minutes September 7, 2021 City of Colleyville Page 14 Ayes: 6 - Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Pro Tem Lindamood 7b Resolution R-21-4648 Consideration of a variance to the provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically for lot area and setbacks in the R-40 Single Family Residential district, for Lot A1, Block 2, Reagan Estates, located at 701 W. LD Lockett Road, Case VC21-003 Mayor Newton made a motion to table this item at the applicant’s request due to a sudden schedule change, which will not allow the applicant to be present, seconded by Councilmember Wheat. The motion to table carried by the following vote: Ayes: 6 - Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Pro Tem Lindamood Mayor Newton stated Resolutions R-21-4574 and R-21-4575 have been on the table for a long time, without new information from the applicant, and he would like to remove them from the table and take action. Councilmember Wheat made a motion remove both Resolution R-21-4574 and Resolution R-21-4575 from the table, seconded by Councilmember Dodson. The motion to remove the resolutions from the table carried by the following vote: Ayes: 6 - Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Pro Tem Lindamood 8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-21-4574 Consideration of a request to abandon a previously dedicated right-of- way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-007 City Council Minutes September 7, 2021 City of Colleyville Page 15 Mayor Newton read Resolution R-21-4574 in its entirety. Mayor Newton stated Resolutions R-21-4574 and R-21-4575 have been on the table for a long time, without new information from the applicant, although the City Manager has had conversations with the applicant, there has been no indication of moving forward. Councilmember Dodson stated the applicant is requesting the City abandon the right-of-way, without compensation. Mayor Newton agreed. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 10:44 p.m. Mayor Newton made a motion to deny Resolution R-21-4574, seconded by Councilmember Dodson. The motion to deny was carried by the following vote: Ayes: 6 - Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Pro Tem Lindamood 8b Resolution R-21-4575 Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-006 Mayor Newton read Resolution R-21-4575 in its entirety. Mayor Newton stated this item is a request for a replat based on the abandonment of right-of-way, which was just denied by Resolution R-21-4574. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 10:47 p.m. Mayor Newton made a motion to 1. amend Resolution R-21-4575 for the caption to read “A Resolution Approving a Replat for Lots 1, 2, and 3X, Block 1, of the Old Grove Additional, Phase II”, 2. Deny Resolution R-21- 4575, denying the replat of Lots 1, 2, and 3X, Block 1, Old Grove Addition, which provides for new Lots 1 and 2, as depicted on the proposed plat submitted by the applicant, on the basis the public street right of way located on the proposed new Lot 1, has not been abandoned and the plat is not in compliance with Section 8-180 of the City’s Land Development Code, seconded by Councilmember Rigney. City Council Minutes September 7, 2021 City of Colleyville Page 16 The motion to amend and deny Resolution R-21-4575 was carried by the following vote: Ayes: 6 - Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Pro Tem Lindamood 9. CITIZEN COMMENTS Kathleen Hennessey, 5013 Stonebridge, spoke with concerns for unpermitted structures being built in the City. Joe Bennett, D408 Pemberton, White Settlement, spoke regarding the Tarrant Appraisal District Board of Directors and concerns for how the Board’s business is being conducted. Sayeda Syed, 6705 Sapphire Circle North, spoke regarding an electrical line, which is on the ground across four residential lots. She also spoke regarding her concern and belief students at Colleyville Elementary School are being taught segregation. One example was the use of the software Brain Pop which she observed her child being required to use. She believes the software is totally inappropriate for the children. 10. REPORTS Planning and Zoning Commission Minutes - June 14, 2021 There was no action taken on this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, SEPTEMBER 7, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4649 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 11:14 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 21ST DAY OF SEPTEMBER 2021. City Council Minutes September 7, 2021 City of Colleyville Page 17 Minutes taken and prepared by: Christine Loven, TRMC City Secretary