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HomeMy WebLinkAboutCity Council-Minutes-09/21/2021 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 21, 2021 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Review and discussion of the City Council Rules of Procedures WS-2 2018 International Building Code Review Committee Updates WS-3 Discussion of the September 21, 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 and update on Texas opioid litigation settlement and the City’s pending claim 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 INVOCATION: Nathan Aviles, Bethel Methodist Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda September 21, 2021 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-21-4650 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-21- 4651 4a Approval of the minutes of the regular City Council meeting of September 7, 2021 4b Approval of the second renewal of the Interlocal Agreement for Combined Public Safety Dispatching and Jail Services 4c Approval of the continuance of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $205,249.40, 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 4d Approval of an agreement with MESA for construction administration and observation services for the SH26 Gateways project, in an amount not to exceed $199,775, and authorizing the City Manager to execute the agreement 4e Approval of a five-year term service agreement with Trane Service Group, utilizing OMNIA Partners, to provide for the inspection, maintenance, and repair of the HVAC system at City Hall and the Public Library, in an amount not to exceed $83,724.00, and authorize the City Manager to execute the agreement 4f Approval of a five-year term service agreement with Trane Service Group, utilizing OMNIA Partners, purchasing cooperative, to provide for the inspection, maintenance, and repair of the HVAC system at the Justice Center, in an amount not to exceed $195,362.00, and authorize the City Manager to execute the agreement 4g Adoption of the Fiscal Year 2022 to 2026 Capital Improvement Program (CIP) 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - August 2021 City Council Agenda September 21, 2021 City of Colleyville Page 3 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-21-2168 Consideration of an amendment to the PUD-C Planned Unit Development-Commercial district established by Ordinance O-14-1927, to provide for revised building elevation drawings on Lot 2, Block 1, BYD Addition, located at 1109 Glade Road-Case ZC21-017 6b Ordinance O-21-2169 Amending Ordinance O-20-2134 relating to the Fiscal Year 2021 budget 6c Ordinance O-21-2170 Adoption of the proposed Fiscal Year 2022 budget 6d Ordinance O-21-2171 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2022 6e 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 6f 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 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-21-4652 Consideration of a variance to the provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically the lot area, front setback, maximum lot coverage, and maximum impervious coverage in the RD Two Family Residential district, for Lot 15, Block 6, Woodland Hills, located at 3403 Queensbury Way E., Case VC21-004 7b Resolution R-21-4653 A resolution creating an adhoc Fund 3 General CIP Fee Advisory Committee City Council Agenda September 21, 2021 City of Colleyville Page 4 8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 8a 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 9. CITIZEN COMMENTS 10. REPORTS Parks and Recreation Advisory Board Minutes - July 12, 2021 Planning and Zoning Commission Meeting Minutes - August 10, 2021 Planning and Zoning Commission Worksession Minutes - August 23, 2021 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 21, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4654 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 17, 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 21, 2021 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, September 21, 2021, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. ABSENT: Councilmember Tammy Nakamura 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, City Building Official Eddie Wilson, Community Relations/Events Specialist Ronni Orr, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Review and discussion of the City Council Rules of Procedures City Secretary Christine Loven presented this item, noting most of the recommendations were general housekeeping items to comply with legislation and policy. Following review and discussion, the City Council requested additional changes under Section V. Agenda and directed staff to bring the item forward as a resolution at the next City Council Meeting. WS-2 2018 International Building Code Review Committee Updates Community Development Director Ben Bryner presented this item. He noted on April 6, 2021, the City Council had provided direction to staff to review the code books to identify any problematic changes and report the findings to City Council, before moving forward with adoption. Director Bryner stated the committee consisted of staff members Jerry Ducay, Mark Wood, Ronni Orr, Kyle Lester, Chris Pena, Eddie Wilson, Rob McKeown, and Ben Bryner. Mayor Pro-Tem Bobby Lindamood and Councilmember George Dodson were invited to attend, but were unable and entrusted the work to the committee. The committee met almost weekly in the months of May, June, July, and August. Both the 2015 and 2018 versions of each book referenced above were reviewed. He noted a list of code changes that caught the committee’s attention was prepared and included for review however; the committee is proposing no changes. There was general discussion regarding the International Code Council (ICC), the knowledge and expertise of Building Official Eddie Wilson, grandfathering regulations, and how the codes are vetted. City Council Minutes September 21, 2021 City of Colleyville Page 2 Mayor Newton expressed his appreciation to the committee for all their work. WS-3 Discussion of the September 21, 2021, City Council regular agenda items Mayor Newton stated Consent Agenda items 4e and 4f have been removed and will come forward at a future date and tabled Resolution R-21-4648 would be removed from the table and voted on. Mayor Newton also advised City Council new voting software is in place and will be used this evening. Mayor Newton adjourned the Worksession at 6:15 p.m. and called the Executive Session to order. ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. ABSENT: Councilmember Tammy Nakamura 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 and update on Texas opioid litigation settlement and the City’s pending claim 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 7:06 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:31 p.m. and called the roll. City Council Minutes September 21, 2021 City of Colleyville Page 3 ROLL CALL: Mayor Richard Newton, Mayor Pro Tem Bobby Lindamood, and Councilmembers Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. ABSENT: Councilmember Tammy Nakamura INVOCATION: Nathan Aviles, Bethel Methodist Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4650 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 and the City Council made the following announcements: COVID-19 Update – Colleyville has 264 active positive cases. Colleyville continues to maintain a high vaccination rate for our total population at 68% vaccinated. The Tarrant County Epidemic curve shown on the screen shows that new infections are on the decline. At the last meeting, we had an indication that we were starting a down turn, but this data demonstrates it. That is very good news. Also, the death curve is showing the same downward trend as the epidemic curve. Tarrant County beds occupied by COVID patients is 23% and the Tarrant County bed availability is 12%. This means that 65% of all Tarrant County hospital beds are in use for reasons other than COVID. Tarrant County Health still has the community spread level at “high”. Sales Tax Continues Positive Trend – The Texas Comptroller’s Office has posted the most recent sales tax allocation information for September, representing all receipts from purchases made in July of this year. It is exciting to report that our most recent collection came in at 18.9% over July of FY20, putting our year-to-date growth at 14.1%. In terms of dollars, this represents a total YTD gain of $954,000 over last year. It also bears noting that this month marks the 16th consecutive month in which Colleyville has posted sales tax gains over the previous year. With only two months left in the fiscal year, we are likely to exceed last year’s collections by well over $1 million. Later tonight, our Finance Director will provide additional City Council Minutes September 21, 2021 City of Colleyville Page 4 background on sales tax comparisons in our region. We thank all those who continue SHOP COLLEYVILLE! FEMA New Floodplain Maps Formal Review Underway – On July 30, 2021, FEMA published official notice that a 90-day appeal period is underway in anticipation of the new floodplain map publication in November. Once published, the new map is to be adopted by our City within six months. Staff has reviewed the new maps and determined that 297 properties within Colleyville will see a change in the floodplain designation for their property. Of those identified, 175 are minor in nature, only affecting a small segment of the property. These minor impact changes will likely not result in the property owner being required to purchase flood insurance. The remaining 122 parcels will see significant changes to the floodplain designations on their property. Staff mailed a letter to all 297-property owners and invited them to a public meeting at the Colleyville Center on September 23 at 6 p.m. This event is intended to provide information to property owners regarding their appeal rights with FEMA. Additionally, staff will share the comments collected at this event with FEMA representatives at a subsequent meeting. Please feel free to join us for this public meeting. Chamber Golf Outing & Colleyville All Stars – The annual Chamber of Commerce golf tournament, co-chaired by Mark Wood, was held yesterday September 20. Each year, the City receives several teams with our sponsorship of the tournament, and we utilize the teams to reward our staff All Stars with a fun day of golf. This year, we have 16 All Stars who have gone above and beyond in their work for the City. These individuals are nominated by their department. This year’s City’s All Stars are: Braden Fargo – Fire Jennifer Newman – Finance Brian Myers – Public Works Pablo Reyes – Colleyville Center Aaron Gunther – Municipal Court Nathan Demchuk – Public Works Clay Williams – Police Mike Knowles – Parks Garrett Rigsby – Fire Jackie Reyff – Community Development Josiah Kamppi – Police Mike Almy – Parks Carlisha Mitchell – ISM Jesse Franks – Video Production JP Alonso – Video Production Will Branch - ISM Gift Card Update – Gift card redemptions appear to be coming to an end. To date, 7712 - $35 gift cards have been redeemed ($269,920) and 484 - $50 cards. We are proud to have partnered with our citizens to bring this economic development initiative to our brick-and-mortar businesses. This effort has injected nearly $270,000 directly into our local business community. Thank you for shopping Colleyville and supporting our businesses! City Council Minutes September 21, 2021 City of Colleyville Page 5 Colleyville Debuts Movies in the Plaza! – Join us Thursday, September 23 at 8 p.m. for a FREE viewing of the Disney animated favorite, Raya & the Last Dragon. This is a great movie for the entire family. Bring your blankets/lawn chairs for a fun night out on the City Plaza, 100 Main Street (at City Hall). Rumor has it popcorn will be served. Texas Flood Plaza Concert on Sunday (9/26) – Come out to City Plaza Sunday, September 26 at 4 p.m. for another free concert. Performing will be Texas Flood, one of the premier blues bands in all of North Texas. Evolving from the original tribute to Stevie Ray Vaughan, Texas Flood pays tribute to the legends as well as the future of the blues through their own music and style. With an in- your-face show and raw high energy, they take the listener on a journey through the blues. Texas Ice Cream will provide FREE cold, sweet treats and bottled water for all. Mayor Pro Tem Lindamood stated he had to leave the last meeting due to an emergency at home. He expressed his appreciate to everyone who called, texted, and checked in on him and the family and thanked the Police and Fire chiefs for responding so quickly. Mayor Pro Tem Lindamood said his wife has vertigo and they are seeking treatment and everyone is fine. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-21-4651 4a Approval of the minutes of the regular City Council meeting of September 7, 2021 4b Approval of the second renewal of the Interlocal Agreement for Combined Public Safety Dispatching and Jail Services 4c Approval of the continuance of the Grounds Maintenance Mowing Contract with Whitmore and Sons, Inc., in an amount not to exceed $205,249.40, 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 4d Approval of an agreement with MESA for construction administration and observation services for the SH26 Gateways project, in an amount not to exceed $199,775, and authorizing the City Manager to execute the agreement 4e Approval of a five-year term service agreement with Trane Service Group, utilizing OMNIA Partners, to provide for the inspection, maintenance, and repair of the HVAC system at City Hall and the Public Library, in an amount not to exceed $83,724.00, and authorize the City Manager to execute the agreement City Council Minutes September 21, 2021 City of Colleyville Page 6 4f Approval of a five-year term service agreement with Trane Service Group, utilizing OMNIA Partners, purchasing cooperative, to provide for the inspection, maintenance, and repair of the HVAC system at the Justice Center, in an amount not to exceed $195,362.00, and authorize the City Manager to execute the agreement 4g Adoption of the Fiscal Year 2022 to 2026 Capital Improvement Program (CIP) Mayor Newton read Resolution R-21-4651 in its entirety, but noted items 4e and 4f, which were published on the Consent Agenda, have been removed. Police Chief Michael Miller presented item 4b and reviewed the services of each City and the budgetary impact. Chief Miller stated the partnership with all the involved cities is strong and staff recommends approval. Mayor Newton recapped the presentation given by Chief Miller and noted the City of Colleyville provides court services for the City of Keller. Councilmember Dodson noted there is tremendous savings with the ILA and Chief Miller added there is increased education and information sharing. Assistant City Manager Adrienne Lothery presented item 4c noting this is the fifth and final renewal of the contract with Whitmore and Sons. Manager Lothery provided a review of services and cost since 2017 and stated staff recommends approval. There were no questions, but it was noted landscaping throughout the City is very nice and well maintained. Assistant City Manager Adrienne Lothery presented item 4d which provides for construction administration and observation services by MESA for the SH26 Gateways project. Manager Lothery explained each element of the agreement and noted third party oversight of the construction of the towers is very specialized and outside of the professional expertise of the City's building inspection and construction management staff. There were no questions however, Mayor Pro Tem Lindamood noted the TIF is funding this agreement and the construction of the towers, and no tax dollars are being used. City Engineer Larry Wright presented item 4d and explained in order to plan for Colleyville’s long-term needs, the City’s comprehensive Capital Improvement Plan (CIP) is updated each year as a part of the annual budget process. The CIP provides an opportunity to consider all of the City’s capital needs in the coming years and to determine the priority of each, as well as whether available funding resources are sufficient to support those expenditures. He stated the CIP operates City Council Minutes September 21, 2021 City of Colleyville Page 7 on a multi-year basis and utilizes a variety of funding sources, both from the City and other entities. Engineer Wright noted staff presented the draft FY 2022-2026 CIP to the City Council for discussion and comment at the July 6, 2021, City Council Worksession and the FY 2022-2026 CIP document includes projected beginning and ending available balances for each year and each funding source. In addition to estimated expenditures for each fiscal year, estimates for anticipated revenues that add to available funding have also been included. He reviewed every project and stated approval directs staff to begin working on year one (FY 2022) projects, but individual contracts for projects will be brought forward for City Council approval in accordance with the City's purchasing policy. There was brief discussion regarding implementing an adhoc citizen committee to recommend to City Council a CIP fee, the fiber optic program, Senior Center renovation, and justice center pond. Mayor Newton stated the five-year plan is updated annually and all projects are paid in cash. He also recognized the Public Works Department for creating an interactive map which tracts all the ongoing projects and is available of the City’s website. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 8:47 p.m. Mayor Pro Tem Lindamood made a motion to approve Resolution R-21- 4651, seconded by Councilmember Wheat. The motion to approve carried by the following vote: Ayes: 6 - Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - August 2021 Finance Director Kyle Lester presented the report noting through August, the General Fund collected 97% of budgeted revenue and spent 88% of budgeted expenditures. Cash flow remains ahead of where anticipated and very close to last August's position. Due to legislation passed during the last legislative session as well as a weak fixed income market, franchise tax revenue and interest income are the only weaker spots in the revenue profile. In total, the Fund's surplus amounts to $2.8 million, excluding the $3.3 million in CARES act money the City received this month. City Council Minutes September 21, 2021 City of Colleyville Page 8 This report provides for the tenth collection of the year from July's sales, and it brought in an increase of 18.9% over July of last year. This makes the total YTD growth at 14.1% over FY20, and makes for a total dollar gain of $954,000. Director Lester reported statewide, Texas cities saw another month of double-digit gains for a total fiscal year increase of 11.6%. DFW cities fared better with an average monthly increase of 25.5%, yielding a total average year-to-date increase of 14.2%. Destination-based economies such as Hurst and Grapevine are beginning to turn around. The Utility Fund through the eleventh month of the fiscal year has collected 80% of its budgeted revenue and spent 69% of its budgeted expenditures. The surplus of $2 million is stronger than last year due to the strong true-up refund from the Trinity River Authority, which will pass on to the cash-funded capital improvement plan at the end of the year. The City's direct costs are outpacing its revenues (electricity costs from the winter storm and higher repairs/meter replacements are some main drivers). Additionally, due mostly to low investment earnings and not charging for penalties through most of this year, the utility's revenues are tracking below budget. Current projections indicate some fund balance for the operational costs will have to be utilized this year. However, this appears to be an issue unique to this year. The Drainage Utility Fund has received 95% of its budgeted revenue and spent 87% of its budgeted expenditures. This fund's cash flow is tracking lower than last year due primarily to increased payroll costs from a position that was reallocated to this fund as well as overtime costs and temporary help. The current surplus of $218,000 represents a $26,000 increase from last month. Drainage fee revenues tend to average 1.2% higher than the previous fiscal year, although at this point there is less than 1% growth for FY21. Any year-end surplus in this fund will be moved to the Drainage Capital Fund for use in the City's Capital Improvement Plan. Mayor Newton made note of the current $2,860,000 surplus in the General Fund and asked Director Lester how much of the money will be utilized before the end of the year. Director Lester stated he believes approximately $1.2 million, which would conservatively leave a $1.5 million surplus. Mayor Newton noted the surplus will be placed in the FY22 Capital Improvement Project Fund. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-21-2168 Consideration of an amendment to the PUD-C Planned Unit Development- Commercial district established by Ordinance O-14-1927, to provide for revised building elevation drawings 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. City Council Minutes September 21, 2021 City of Colleyville Page 9 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. Mayor Newton recapped the questions from residents at the first reading and noted the applicant had answered all the questions regarding parking, trash receptacles, exterior lighting, windows, and construction materials. Doug Skimmer, representing the applicant, 1620 South Fork Drive NRH, provided a brief presentation, showing elevation views from the residence perspective. He also stated trash cans are yard carts stored on a pad and moved to the street for pickup, there are no dumpsters and there will be no trash trucks behind the building. He also addressed the lighting, wall, landscaping, and windows. Mayor Pro Tem Lindamood asked for clarification regarding the number of lights on the back of the building. Mr. Skimmer stated there are two lights; one is on the back of the building, the other on the side. Councilmember Dodson stated at the last meeting the use of stucco was mentioned, but to be clear, a Hardy plank (cementco sheet) will be used and it has a 100-year warranty. Mayor Newton opened the public hearing at 9:21 p.m. Lisa Peterson, 1104 Jo Carroll, stated the previous developer did not meet the fencing and landscaping expectations and she is concerned this will occur again. Mayor Newton explained the landscape exhibit is a part of the ordinance and will be required to be completed as provided for in the exhibit. Failure to do so will cause the developer to be out of compliance and be subject to a fine of $2,000 per day. Mayor Newton also explained the applicant is before the City Council because he wanted to change the appearance of the building, which was previously approved by another ordinance. In order to change the look of the building, the applicant had to go back through the approval process with the Planning and Zoning Commission and the City Council, but will still have to meet all the conditions of the PUD-C. There were no others wishing to speak and Mayor Newton closed the public hearing at 9:26 p.m. Councilmember Kelley made a motion to approve Ordinance O-21-2168, seconded by Councilmember Dodson. The motion to approve carried by the following vote: Ayes: 6 - Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. City Council Minutes September 21, 2021 City of Colleyville Page 10 Absent: 1 – Councilmember Nakamura Mayor Newton announced the elevator is not working and directed anyone needing assistance to come to the front and staff will assist them. City Manager Jerry Ducay explained the location of the stairs and stated staff is in the lobby to assist with a Webex connection or assistance to enter the Council Chambers. 6b 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. Mayor Newton noted Director Lester is estimating a surplus of $.5 million and he is estimating a $2 million surplus. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 9:31 p.m. Councilmember Dodson made a motion to approve Ordinance O-21-2169, seconded by Councilmember Wheat. The motion to approve carried by the following vote: Ayes: 6 - Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura 6c Ordinance O-21-2170 Adoption of the proposed Fiscal Year 2022 budget Mayor Newton read the caption of Ordinance O-21-2170. City Council Minutes September 21, 2021 City of Colleyville Page 11 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 includes 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, noting the average property value has increased over $22,000, but the proposed tax rate, which is the no-new revenue tax rate, will keep the average property tax bill flat. He also reviewed the 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. Mayor Newton stated the City has conducted a drainage study to determine where there are drainage issues and we are in the process of figuring out how to adjust the drainage fee everyone pays monthly for drainage to match the needs and this is why there is currently a surplus in the drainage fund. We are about to pass a budget and this is a balanced budget; we will never pass an unbalanced budget. Mayor Newton encouraged everyone to pay attention to the budget because it is so important to understanding where the money is spent. There were no questions. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 9:45 p.m. Councilmember Wheat made a motion to approve Ordinance O-21-2170, seconded by Councilmember Rigney. The motion to approve carried by the following vote: Ayes: 6 - Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura 6d 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 City Council Minutes September 21, 2021 City of Colleyville Page 12 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 to achieve the no-new-revenue- tax rate. However, Colleyville is the first City to achieve a no-new-revenue-tax rate for four consecutive years. Mayor Newton stated it is very difficult to pass a no-new-tax revenue. This City Council and staff have accomplished this for the fourth year because the City is run not as a bureaucratic government, but as a small business. We reevaluate needs every year, we look at our strategies and objectives, and set priorities based on citizen wants. Mayor Newton stated it is important for the public to understand the budget and tax rate as not all cities operate like Colleyville. Mayor Newton stated this Council has established a Tax Rate Setting Policy, which states we will begin each fiscal year at the no-new-revenue tax rate and fully justify any revenue needed beyond it. Mayor Newton thanked the staff and Council for all their efforts and work in accomplishing this no-new-revenue-tax rate for the fourth year in a row. Councilmember Dodson added we have also been able to accomplish this in a COVID year when there were so many challenges. He also noted the staff seeking grants is admirable and has made a difference. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 9:57 p.m. Councilmember Rigney made a motion to approve Ordinance O-21-2171, seconded by Councilmember Kelley. The motion to approve carried by the following vote: Ayes: 6 - Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura Mayor Newton and the City Council celebrated the passing of the no-new- revenue tax rate for the fourth year. Mayor Newton moved to item 7a at 10:00 p.m. and returned to 6e at 10:31 p.m. 6e Ordinance O-21-2172 City Council Minutes September 21, 2021 City of Colleyville Page 13 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. There was general discussion of the base and volumetric rates and the true-up payments from Trinity River Authority. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 9:44 p.m. Councilmember Dodson made a motion to approve Ordinance O-21-2172, seconded by Councilmember Wheat. The motion to approve carried by the following vote: Ayes: 6 - Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura 6f 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 how the tennis and pickle ball courts are reserved. City Council Minutes September 21, 2021 City of Colleyville Page 14 As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 10:50 p.m. Councilmember Dodson made a motion to approve Ordinance O-21-2173, seconded by Councilmember Rigney. The motion to approve carried by the following vote: Ayes: 6 - Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura Mayor Newton moved to items 7a and 7b at 10:00 p.m. before returning to items 6e and 6f. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-21-4652 Consideration of a variance to the provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically the lot area, front setback, maximum lot coverage, and maximum impervious coverage in the RD Two Family Residential district, for Lot 15, Block 6, Woodland Hills, located at 3403 Queensbury Way E., Case VC21-004 Mayor Newton read Resolution R-21-4652 in its entirety. Community Development Director Ben Bryner presented this item, which seeks variances for lot area, front setback, maximum lot coverage, and maximum impervious cover to allow for the rebuilding of a home, which was completely destroyed due to a fire. Mayor Pro Tem stated the Council has received several emails in support of this request. Mayor Newton stated he and this Council are generally hard on variance requests unless there is an uncontrollable reason and this request meets the criteria, in his opinion. He stated the homeowners want to rebuild their home basically the same as it was and to match the neighborhood. Mayor Newton opened the public hearing at 10:08 p.m. Susan Luna, 4105 Parkview Court, Bedford, spoke in favor of this item. Cody Tipton, 3403 Queensbury Way E., thanked their neighbors, friends, and City Council for their support. City Council Minutes September 21, 2021 City of Colleyville Page 15 There were no others present wishing to speak and Mayor Newton closed the public hearing at 10:12 p.m. Councilmember Kelley made a motion to approve Resolution R-21-4652, seconded by Councilmember Dodson. The motion to approve carried by the following vote: Ayes: 6 - Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura Mayor Newton moved to 8a at 10:16 p.m. and returned to 7b at 10:52 p.m. 7b Resolution R-21-4653 A resolution creating an adhoc Fund 3 General CIP Fee Advisory Committee Mayor Newton read Resolution R-21-4653 in its entirety. Mayor Newton explained this resolution sets the parameters for an adhoc citizen committee, which will be appointed by City Council to establish long-term funding for the implementation of Capital Improvement Projects needed to meet the current and future needs of the City. This committee will operate just as the Water and Wastewater Rate Advisory Committee had. As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 10:56 p.m. Mayor Newton made a motion to approve Resolution R-21-4653 with an amendment to add Section 4 e. The report of the adhoc Committee will be presented to the City Council, not later than January 18, 2022, seconded by Mayor Pro Tem Lindamood. The motion to approve carried by the following vote: Ayes: 6 - Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura City Council Minutes September 21, 2021 City of Colleyville Page 16 8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING Mayor Newton made a motion to remove Resolution R-21-4648 from the table, seconded by Councilmember Dodson. The motion was approved by the following vote: Ayes: 6 - Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura 8a 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 read Resolution R-21-4648 in its entirety. Community Development Director Ben Bryner presented this item for a variance for lot size and setback. Director Bryner noted the applicant has provided a revised plan which will call for a full demolition and rebuild of the house and would require one variance instead of two. City Manager Jerry Ducay noted the accessory building would have to be moved to meet the front set back requirements. Mayor Newton asked the applicants to come forward. Applicants Javier and Annissa Valencia, 701 W. LD Lockett Road, came forward. Mayor Newton asked if they understood the requirement to move the accessory building. Mrs. Valencia stated it had not been her understanding because it has been located on the property for almost 40 years. Mayor Newton asked what type of building it is and Mrs. Valencia stated it is a barn, which has been converted to a home office. Mayor Newton stated the building would have to be moved back behind the front setback. There was general discussion regarding the regulations and differences in R-30 and R-40 zoning. Mrs. Valencia asked if they could request a variance to leave the building. Mayor Newton stated he would not vote for it. Mayor Pro Tem Lindamood and Mayor Newton provided advice and counsel on how to move the building at a minimal cost. City Council Minutes September 21, 2021 City of Colleyville Page 17 As there was no one present wishing to speak, Mayor Newton opened and closed the public hearing at 10:29 p.m. Mayor Newton made a motion to approve Resolution R-21-4648, seconded by Councilmember Wheat. The motion to approve carried by the following vote: Ayes: 6 - Mayor Newton, Mayor Pro Tem Lindamood, and Councilmembers Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Councilmember Nakamura Mayor Newton moved to 8a at 10:16 p.m. and returned to 7b at 10:52 p.m. 9. CITIZEN COMMENTS Sayeda Syed, 6705 Sapphire Circle North, stated she had spoken at the last Council meeting regarding a cable on the street and by noon the next day, the City had responded and taken care of it. She expressed her appreciation to staff and Council for being so responsive. Mrs. Syed then stated the Colleyville t-shirt, which she is wearing tonight and wore to a GCISD meeting, was deemed offensive and had to be covered or removed. Mrs. Syed stated she felt the City should be aware. 10. REPORTS Parks and Recreation Advisory Board Minutes - July 12, 2021 Planning and Zoning Commission Meeting Minutes - August 10, 2021 Planning and Zoning Commission Worksession Minutes - August 23, 2021 There was no action taken. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 21, 2021 - READING AND PUBLIC HEARING - RESOLUTION R-21-4654 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 11:05 p.m. City Council Minutes September 21, 2021 City of Colleyville Page 18 APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 4TH DAY OF OCTOBER 2021. Minutes taken and prepared by: Christine Loven, TRMC City Secretary