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HomeMy WebLinkAboutCity Council-Minutes-9/6/2022 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 6, 2022 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of a citizen survey WS-2 Discussion of catalytic converter thefts and options for response WS-3 Discussion of the September 6, 2022, 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 legal issues related to the potential future development of the Northern Gateway Property located at the southwest corner of the SH26 and John McCain Road Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.076 - Security Devices or Security Audits 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 6, 2022 City of Colleyville Page 2 INVOCATION: Bishop Ed Smyth, Church of Jesus Christ of Latter-Day Saints 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-22-4761 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-22-4762 4a Approval of the minutes of the regular City Council meeting of August 16, 2022 4b Approval to use the Voluntary Library Fund in Fiscal Year 2023, for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $170,000 4c Approval of the FY23 Contractual Agreement between the City of Colleyville and the Colleyville Chamber of Commerce 4d Adoption of the Colleyville Economic Development Corporation Fiscal Year 2023 Budget 4e Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2023-2027 of the Colleyville Economic Development Corporation 4f Approval of a contract with Weaver and Tidwell, L.L.P. for auditing services for fiscal year ending September 30, 2022 4g Approval to apply for grant funds providing ballistic shields for every school in the City of Colleyville through the Office of the Governor 4h Appointing Eric Holland to the Alternate 1 position on the Sign Board of Appeals and Zoning Board of Adjustment to an unexpired term of November 2023 and declaring a vacancy for the Alternate 2 position City Council Agenda September 6, 2022 City of Colleyville Page 3 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-22-2214 Approval of a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2022 Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-22-2215 Consideration of a zoning change from R-40 Single Family Residential to R-30 Single Family Residential zoning district for Lot 1A, Block 2, Stafford Heights Subdivision, located at 4901 Stafford Drive, Case ZC22-026 6b Ordinance O-22-2216 Consideration of a Special Use Permit for alcoholic beverage sales for on-premises consumption on Lot 13R, Block 2, Thompson Terraces Subdivision, located at 5201 Colleyville Boulevard, Case ZC22-027 6c Ordinance O-22-2217 Consideration of a zoning change from R-10 Single Family Residential to R-20 Single Family Residential zoning district for Lot 16 and E1/2 LT 15, Block 4, Colleyville Estates, located at 705 Hillside Road, Case ZC22-031 6d Ordinance O-22-2218 Consideration of a Special Use Permit for an accessory building to encroach into the street side yard setback on Lot 1, Block 4, Fox Meadows Addition, located at 3307 Huntington Drive, Case ZC22-032 6e Ordinance O-22-2219 Amending Ordinance O-21-2169 relating to the Fiscal Year 2022 budget 6f Ordinance O-22-2220 Adoption of the proposed Fiscal Year 2023 budget 6g Ordinance O-22-2221 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2023 6h Ordinance O-22-2222 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 6i Ordinance O-22-2223 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 City Council Agenda September 6, 2022 City of Colleyville Page 4 6j Ordinance O-22-2224 Amending the Code of Ordinances by repealing Ordinance O-11-1796 and the City's alarm registration and permit program 7. TABLED ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-22-2207 THE APPLICANT HAS REQUESTED TO WITHDRAW THE REQUEST Consideration of a zoning change from R-40 Single Family Residential to R-30 Single Family Residential zoning district for Lots 2 and 3, Block 3, Stafford Heights Subdivision, located at 4801 and 4809 Manning Drive, Case ZC22-023 7b Ordinance O-22-2212 Consideration of a Special Use Permit for a fence to be located beyond the front facade of the primary dwelling on Lot 2, Block A, Park View Estate, located at 717 Field Street, Case ZC22-025 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-22-4763 Consideration of a replat for Lot 1R, Block 1, Epperson Addition, being Tract 4E, Abstract 295, William E. Crooks Survey, and Lot 1, Block 1, Epperson Addition, located at 7308 and 7316 John McCain Road, Case PC22-011 8b Resolution R-22-4764 Consideration of a replat for Lots 1R-A and 1R-B, Block 4, Fairway Addition, being Lot 1, Block 4, Fairway Addition, located at 6601 Herbert Road, Case PC22-012 8c Resolution R-22-4765 A resolution requesting the Texas Legislature to take action to ensure the ERCOT power grid will provide reliable generation capabilities 9. CITIZEN COMMENTS 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, SEPTEMBER 16, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22-4766 11. ADJOURNMENT City Council Agenda September 6, 2022 City of Colleyville Page 5 I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 2, 2022 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, at the discretion of the governing body, may 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 6, 2022 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, September 6, 2022, at 5:30 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, 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, Finance Director Kyle Lester, Community Development Director Ben Bryner, Library Director Mary Rodne, City Attorney Whitt Wyatt, and Assistant City Secretary Angela Larson. WS-1 Discussion of a citizen survey Assistant City Manager Adrienne Lothery presented this item providing the citizen survey background, projected timeline, and proposed alternating questions for the survey. Assistant Manager Lothery stated the four proposed alternating questions would focus on economic development, open space, events feedback, and transportation. Councilmember Dodson asked if residents would choose only one focus on the survey. Assistant Manager Lothery answered a top priority list of ranking each item would be suggested. Mayor Pro Tem Wheat and Councilmember Dodson noted thier concern of the open space questions to be misleading as the City does not have much open space to work with. City Manager Ducay clarified the open space questions are to gage the public’s interest. Mayor Pro Tem Wheat asked if adding traffic signals or stop signs regarding the transportation section could be reviewed. Manger Ducay stated a traffic control measure question could be added, but to note it would only address the flow of traffic. Mayor Lindamood noted the City has addressed traffic control previously and added roundabouts to help mitigate traffic, but agreed the addition of signals and stop signs should be added. Assistant Manager Lothery noted the survey will be promoted through all City communication channels starting in October. City Council Minutes September 6, 2022 City of Colleyville Page 2 WS-2 Discussion of catalytic converter thefts and options for response Police Chief Michael Miller presented this item noting an increase in catalytic converter thefts which takes less than a minute to steal, and since there is no VIN number, it is a challenge to identify the catalytic converter stolen. Chief Miller stated surrounding cities have passed an ordinance to help the deterrence of catalytic converter thefts and would like Council to consider enacting legislation. WS-3 Discussion of the September 6, 2022, City Council regular agenda items Mayor Lindamood stated item 7a has been withdrawn by the applicant. Mayor Lindamood adjourned the Worksession at 6:07 p.m. and called the Executive Session to order. 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 legal issues related to the potential future development of the Northern Gateway Property located at the southwest corner of the SH26 and John McCain Road Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.076 - Security Devices or Security Audits 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 Lindamood adjourned Executive Session at 7:30 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:38 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, George Dodson, Chuck Kelley, and Callie Rigney. City Council Minutes September 6, 2022 City of Colleyville Page 3 INVOCATION: Bishop Ed Smyth, Church of Jesus Christ of Latter-Day Saints 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-22-4761 Mayor Lindamood read Resolution R-22-4761 in its entirety. Mayor Lindamood noted the background of the property being about 15 acres, the intended use to be a recreation center, City Council’s goal to have open space, and the purchase price being ten million which costs each resident about twenty dollars annually. Mayor Pro Tem Wheat stated the purchase of the property will allow recreation activities to be held on and be fully staffed by the City, serving as a multi-use facility. Councilmember Dodson stated half of the building was remodeled and will provide for all ages to use this facility. Councilmember Bond stated the property will continue to uphold Colleyville’s standards and will be an asset to the community. Councilmember Kelley stated the purchase of the property is in line with the focus of the 2018 Parks and Recreation Master Plan which noted the desire for open space multiple times. Councilmember Rigney agreed with all statements made by Council. Councilmember Elder stated the property will fill a need within the City and alleviate the Senior Center usage. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive North, noted her excitement for the purchase of the property and expressed her concern for the demand of police resources. Christopher Babin, 1504 Glade Road, acknowledged City Council’s effort for the no new revenue tax rate and asked Council to keep in communication, noting citizen concerns of financial burdens. Mike Johnson, 3307 Huntington Drive, expressed his concerns of traffic. City Council Minutes September 6, 2022 City of Colleyville Page 4 Scotty Richardson, 2005 Reynolds Drive, conveyed his thanks to Council for keeping Colleyville’s open space. Mayor Lindamood closed the public hearing. Councilmember Dodson made a motion to approve Resolution R-22-4761, seconded by Councilmember Kelley. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Lindamood and the City Council made the following announcements: A Special “Thank You” for Our Fire Department – Chief Cantrell shared a wonderful note from a resident sharing a life-saving encounter with our fire department professionals. It fills my heart with pride to hear the love and appreciation our residents have for our team. They are truly making a difference in the lives of others! I would like to take a moment and share that letter with you. Chief Cantrell, It's been a week since Colleyville EMS Paramedics likely saved my life. A few moments to remember.... I'm the seventy-eight year old fellow who had never been to a cardiologist. On August 18th, after a twelve day stay in Cancun, MX, my wife and I arrived back in Colleyville at about 10PM. Approximately two hours later, I developed serious chest pains which I attributed to acid indigestion and the tough trip home. I took two Alka-Seltzer tablets, retired to my desk and almost immediately dozed off. I awoke shortly thereafter to heavy sweating with very limited speech and motion. I then awakened my wife who immediately called 911 for help. In a matter of few minutes I was surrounded by at least four Colleyville EMS Paramedics, apparently led by a young lady who informed me that I was having a heart attack. All of the paramedics here were in a quiet rush to take charge of the situation. Even in my medical stupor I realized these people were highly professional and I actually felt the competence around me.....probably sounds a little weird. City Council Minutes September 6, 2022 City of Colleyville Page 5 We arrived at Baylor very shortly and underwent a procedure to unblock two heart arteries at 3AM on Friday, August 19th. I was released the following day. Sincerely, I want to express my heartfelt (npi) appreciation and respect to every person at Colleyville EMS who helped me get back on my feet. Everyone should be able to get this kind of care. Thank you all again. Thomas J Baudhuin Colleyville, TX We have the best response team in the country! I am proud of our team and thank them all for their service to our City. Government Finance Officer Association Recognizes ACM Lothery – Martin Simpson, Executive Director for the Government Finance Officers Association of Texas, expressed his appreciation for Assistant City Manager Adrienne Lothery. Mr. Simpson wrote, I wanted to reach out to you to let you know how much GFOAT appreciates the City of Colleyville for allowing us the privilege of having Adrienne Lothery not only as a member of our organization but serve on the board. She has been a member of GFOAT for almost 15 years and was identified immediately as a future leader in our organization. She has mentored so many professionals and has been a critical part of the GFOAT board since 2017. Adrienne served as President Elect of GFOAT from July 1, 2020, until June 30, 2021. This was such a critical time in our organization as the world seemed to change daily. We had to shift from a live conference to a virtual platform. Adrienne was an integral part of the team in planning and holding two virtual conferences and several additional virtual training sessions throughout the year. She began her term as President of GFOAT on July 1, 2021 and was again a critical member of the planning team as we moved back to live offerings. During her term as president, GFOAT went back live with our fall conference and also hosted a social reception at GFOA National in Austin. Adrienne was instrumental in planning and hosting both of these amazing events, completing her term June 30, 2022. She is now Past President of GFOAT where she continues to serve on our programming committee to develop high quality educational opportunities for our members and will complete her term June 30, 2023. City Council Minutes September 6, 2022 City of Colleyville Page 6 Adrienne continues to be an essential part of the GFOAT team as we move forward. Thank you for sharing her with us. We are fortunate to have Adrienne as part of our leadership team. It is wonderful to see her recognized by others for her work within and outside our community. She represents the Colleyville spirit of exceptionalism. Congratulations Adrienne! Colleyville Awarded Gold as Part of Scenic City Certification Program – The Scenic City Certification Program (SCCP), administered by Scenic Texas, recognizes municipalities that implement high quality scenic standards for public roadways and public spaces. Cities with strong scenic standards reflect civic pride, benefit from a solid sense of community character and are well positioned for economic growth. The City of Colleyville has participated in the Scenic City Certification Program since 2012 when it was originally certified as ‘Silver’. Re-certifications occur every five years. The City recertified to ‘Silver’ in 2017. This year we were notified we have been certified ‘Gold’ for 2022. This upgraded designation is due primarily to amendments made to the Land Development Code since 2017. That effort involved countless hours of work by this Council, pouring over multiple chapters of the LDC – page by page. It is wonderful to see our hard work recognized. Congratulations Colleyville! Formal recognition will take place as part of the TML conference in October. After the ceremony, we will invite our Community Development Department team to be recognized at our Council meeting. Police Department Pursues Grant Enhancing School Safety – The Police Department is pursuing a grant from the Governor’s Office entitled “Bullet- Resistant Shield Grant Program.” Grant funds from this program may only be used to cover expenses for police departments to obtain bullet-resistant shields to be used in response to school safety emergencies. We are applying for a grant to cover purchasing a shield for every school we are responsible for in the City of Colleyville. No New Revenue Tax Rate Proposed for Fifth Consecutive Year – It is with great pride we point out agenda item 6g setting the No New Revenue Tax Rate for the fifth consecutive year. Tonight we will present the ordinance for a first reading with final adoption scheduled for the September 20th Council agenda. This effort is the result of an exceptional team lead by this Council. Gift Card Redemption – With card redemptions slowing, we expect to see the program finalized within the next few weeks. To date the total redemption value is $506,350. The total is broken down as 13,960 ($35 cards) redeemed (7,308 - 1st round; 6,652 - 2nd round) - $488,600 and 355 ($50 cards) redeemed - $17,750. City Council Minutes September 6, 2022 City of Colleyville Page 7 Colleyville All-Stars Named – With the Colleyville Chamber of Commerce golf outing right around the corner, it is time to name the Colleyville All Star team. This team is made up of staff members who were nominated by their department for outstanding service to our community. The All Stars will represent the City at the Chamber Golf Outing on September 12th. Team Member: Department: Cody Ashton Parks Richard Diano Parks Jermisha Douglas Information System Management Lisa Escobedo Parks Greg Goodrich Community Development Samantha Jones Municipal Court Josiah Kamppi Police JT Lewis Fire Ronni Orr City Manager’s Office Pablo Reyes-Lara Colleyville Center Corey Sanchez Fire Eddie Tangadunrat Information System Management Clay Williams Police Trashing Garbage Problem One Pick at a Time – Have you noticed miscellaneous trash while traversing our beautiful City? It is annoying and diminishes our exceptionalism. We have decided to do something about it. City staff has begun a new initiative to “dispose” of this problem. All City employees have been drafted into the trash brigade with the simple standing order “if you see it, pick it up.” If it is unsafe to gather on your own, reach out to another department for assistance. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-22- 4762 4a Approval of the minutes of the regular City Council meeting of August 16, 2022 4b Approval to use the Voluntary Library Fund in Fiscal Year 2023, for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $170,000 4c Approval of the FY23 Contractual Agreement between the City of Colleyville and the Colleyville Chamber of Commerce 4d Adoption of the Colleyville Economic Development Corporation Fiscal Year 2023 Budget City Council Minutes September 6, 2022 City of Colleyville Page 8 4e Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2023-2027 of the Colleyville Economic Development Corporation 4f Approval of a contract with Weaver and Tidwell, L.L.P. for auditing services for fiscal year ending September 30, 2022 4g Approval to apply for grant funds providing ballistic shields for every school in the City of Colleyville through the Office of the Governor 4h Appointing Eric Holland to the Alternate 1 position on the Sign Board of Appeals and Zoning Board of Adjustment to an unexpired term of November 2023 and declaring a vacancy for the Alternate 2 position Mayor Lindamood read Resolution R-22-4762 in its entirety. Library Director Mary Rodne presented item 4b noting the Voluntary Library Fund provides for the development and improvements to library services. Assistant City Manager Mark Wood presented item 4c. Mayor Lindamood stated the difference from the last contract includes 12 monthly luncheons compared to eight. Finance Director Kyle Lester presented items 4d and 4e noting the overview and forecast of funds, personnel cost increases, and capital improvement project costs. Director Lester also presented item 4f. Mayor Lindamood stated this is the last year before the City will have to go out to bid and Weaver and Tidwell have been a true asset to the City. Police Chief Michael Miller presented item 4g. City Manager Jerry Ducay noted the command center updates have been funded through grants received and expressed appreciation to the Governor’s Office, Emergency Management Coordinator Kenny Philips, and Police Chief Michael Miller. There was no discussion regarding 4h. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. Councilmember Rigney made a motion to approve Resolution R-22-4762, seconded by Mayor Pro Tem Wheat. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. City Council Minutes September 6, 2022 City of Colleyville Page 9 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-22-2214 Approval of a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2022 Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement Mayor Lindamood read the caption of Ordinance O-22-2214. Assistant City Manager Adrienne Lothery presented this item providing a recap of the Steering Committee (ACSC) and the Rate Review Mechanism (RRM). Assistant Manager Lothery noted Atmos filed a rate request pursuant to the RRM Tariff adopted by ACSC members’ of $141.3 million. Application of the standards set forth in ACSC’s RRM Tariff required Atmos to reduce its request to $115 million. ACSC’s consultants concluded the system-wide deficiency under the RRM regime should be $95.8 million instead of the claimed $141.3 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 $115 million from ACSC cities. Assistant Manager Lothery also noted denial of this request would result in Atmos appealing the decision to the Railroad Commission, which has historically ruled in favor of Atmos. Councilmember Dodson noted big cities stand alone and do not participate in negotiations, thanking Assistant Manager Lothery. Councilmember Kelley made a motion to approve Ordinance O-22-2214, seconded by Councilmember Dodson. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-22-2215 Consideration of a zoning change from R-40 Single Family Residential to R-30 Single Family Residential zoning district for Lot 1A, Block 2, Stafford Heights Subdivision, located at 4901 Stafford Drive, Case ZC22-026 Mayor Lindamood read the caption of Ordinance O-22-2215. City Council Minutes September 6, 2022 City of Colleyville Page 10 Community Development Director Ben Bryner presented this item, a request for rezoning from R-40 Single Family Residential to R-30 Single Family Residential. Director Bryner stated the lot is currently undeveloped and does not meet the requirement for lot area for the R-40 Single Family Residential standards. Councilmember Dodson asked if the owner is aware they may be approved for R- 40 Single Family Residential, but want R-30 Single Family Residential. Director Bryner stated yes, the applicant is aware. MJ Pence, 4901 Stafford, the applicant, stated the primary reason for the request is due to setback standards. Mayor Lindamood requested the applicant bring house plans for the second reading. City Manager Ducay noted an option to the applicant would be requesting a variance for the setbacks. Mayor Lindamood stated a variance may be beneficial to keep zoning consistency. Mr. Pence expressed his concern of approval for a building permit without the property being rezoned. Manager Ducay clarified the process to request a variance for setbacks. Mayor Lindamood opened the public hearing. The following completed speaker cards noting their opposition, but did not wish to speak on this item: Jalah Lynch, 4700 Manning Drive; Leanne Bennie, 4708 Manning Drive; James Bennie, 4708 Manning Drive; Kazhie Keefe, 4713 Manning Drive. Christopher Babin, 1504 Glade Road, noted his concern for the property’s zoning change to R-30 Single Family Residential, variance allotments, and big corporations buying and leasing out homes. Mayor Lindamood closed the public hearing. This was a first reading; no action was taken. 6b Ordinance O-22-2216 Consideration of a Special Use Permit for alcoholic beverage sales for on-premises consumption on Lot 13R, Block 2, Thompson Terraces Subdivision, located at 5201 Colleyville Boulevard, Case ZC22-027 Mayor Lindamood read the caption of Ordinance O-22-2216. City Council Minutes September 6, 2022 City of Colleyville Page 11 Community Development Director Ben Bryner presented this item, a request for a Special Use Permit for alcoholic beverage sales for on-premise consumption due to an ownership change. Mayor Lindamood expressed his deepest condolences to the Pardo family. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. This was a first reading; no action was taken. 6c Ordinance O-22-2217 Consideration of a zoning change from R-10 Single Family Residential to R-20 Single Family Residential zoning district for Lot 16 and E1/2 LT 15, Block 4, Colleyville Estates, located at 705 Hillside Road, Case ZC22-031 Councilmember Chuck Kelley recused himself from deliberation of this item, as he is the applicant. Mayor Lindamood read the caption of Ordinance O-22-2217. Community Development Director Ben Bryner presented this item, a request for rezoning from R-10 Single Family Residential to R-20 Single Family Residential. Director Bryner stated the R-10 Single Family Residential is a historic designation and does not exist in the Land Development Code. Councilmember Chuck Kelley, 705 Hillside Road, the applicant, stated the rezoning of his property would be a precedent for his neighborhood and discourage building large homes on small lots. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. This was a first reading; no action was taken. 6d Ordinance O-22-2218 Consideration of a Special Use Permit for an accessory building to encroach into the street side yard setback on Lot 1, Block 4, Fox Meadows Addition, located at 3307 Huntington Drive, Case ZC22-032 Mayor Lindamood read the caption of Ordinance O-22-2218. Community Development Director Ben Bryner presented this item, a request for a Special Use Permit for an accessory building to encroach into the street side yard setback. Director Bryner noted the current regulations do not allow for an accessory building in any yard. City Council Minutes September 6, 2022 City of Colleyville Page 12 City Manager Ducay stated the fence is not in compliance and should could be considered first or altogether. Councilmember Dodson asked when the fence was put up. Director Bryner answered in 2015 the fence was permitted at that time. Councilmember Dodson asked what the height dimension is regarding the accessory building. Director Bryner noted the applicant will answer. Mike Johnson, 3307 Huntington Drive, the applicant, stated he has made adjustments to the structure and does not have plans for the fence due to the challenges on the property. Councilmember Dodson expressed his wish for the accessory building to match the exterior of the house. Mr. Johnson noted he does have a design with brick elements, although prefers not to have a brick ledge due to the amount of space available. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. This was a first reading; no action was taken. 6e Ordinance O-22-2219 Amending Ordinance O-21-2169 relating to the Fiscal Year 2022 budget Mayor Lindamood read the caption of Ordinance O-22-2219. Finance Director Kyle Lester presented this item, noting this ordinance provides for the transfer of FY22 operating surpluses to the capital, utility, and drainage projects fund. Director Lester also noted this item allows for the transfer of unspent FY22 funds to departments which exceeded the adopted budget. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. This was a first reading; no action was taken. 6f Ordinance O-22-2220 Adoption of the proposed Fiscal Year 2023 budget Mayor Lindamood read the caption of Ordinance O-22-2220. Finance Director Kyle Lester presented this item, providing a history of the Council’s budget efforts since 2018. Director Lester noted the significant gain in sales tax of about $2.8 million since 2016. He then highlighted the key City Council Minutes September 6, 2022 City of Colleyville Page 13 accomplishments of this proposed budget, which include the no-new-revenue tax rate for the fifth consecutive year, a balanced budget which demonstrates responsible fiscal management, and maintains service levels across the City, without cuts. Director Lester also provided projections of the general fund over the next five years, reflecting modest revenue projections, fully funded compensation study, and a decrease in building permits. He proceeded providing utility fund, drainage fund, debt service fund, and hotel fund projections. Mayor Lindamood and Councilmember Dodson thanked Finance Director Lester and staff. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive North, expressed her concern regarding the high expenditure on public safety. Mayor Lindamood closed the public hearing. This was a first reading; no action was taken. 6g Ordinance O-22-2221 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2023 Mayor Lindamood read the caption of Ordinance O-22-2221. Finance Director Kyle Lester presented this item and stated for the fifth year in a row, the Council’s efforts have resulted in the proposal of a no-new-revenue tax rate. The calculated FY2023 no-new-revenue tax rate is $0.265618/$100 valuation and the proposed tax rate is the same as the no-new-revenue rate. Mayor Lindamood expressed his excitement for the adoption of the no-new- revenue tax rate for the fifth consecutive year. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. This was a first reading; no action was taken. 6h Ordinance O-22-2222 Amending the City’s fee schedule by amending and restating Section2- 26 of the Colleyville, Texas, Code of Ordinances, establishing fees and charges for City services Mayor Lindamood read the caption of Ordinance O-22-2222. City Council Minutes September 6, 2022 City of Colleyville Page 14 Finance Director Kyle Lester presented this item, noting the removal of library late fees and an increase for the Colleyville Center rental on weekends, while increasing the non-profit discount percentage for Saturdays. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. This was a first reading; no action was taken. 6i Ordinance O-22-2223 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 Lindamood read the caption of Ordinance O-22-2223. Finance Director Kyle Lester presented this item, highlighting the Water and Wastewater base rate structure. Director Lester noted an increase to the FY23 base rate of $1.75 on average for small meters and $8.65 for large meters. He then stated there is a fee associated with processing by debit or credit passed on from the banks to the customer, rather than the City. Mayor Lindamood stated about 25 percent of residents pay by card, while the majority pay in person avoiding bank fees. Mayor Lindamood opened the public hearing. Dee Kelley, 705 Hillside Road, asked Council for clarification regarding credit card fees. Stephany Bufe, 1080 N FM 1655, expressed her concern with having multiple accounts causing multiple fees from the bank instead of having one consolidated fee. Mayor Lindamood closed the public hearing. This was a first reading; no action was taken. 6j Ordinance O-22-2224 Amending the Code of Ordinances by repealing Ordinance O-11-1796 and the City's alarm registration and permit program Mayor Lindamood read the caption of Ordinance O-22-2224. City Council Minutes September 6, 2022 City of Colleyville Page 15 Finance Director Kyle Lester presented this item, noting the alarm registration and permit program is no longer needed and this ordinance is to repeal the associated fee. Mayor Pro Tem Wheat asked to confirm the emergency response time will not be effected. City Manager Ducay stated correct, the response time will not change. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. This was a first reading; no action was taken. Mayor Lindamood declared a recess at 10:19 p.m. and reconvened the meeting at 10:27 p.m. 7. TABLED ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-22-2207 THE APPLICANT HAS REQUESTED TO WITHDRAW THE REQUEST Consideration of a zoning change from R-40 Single Family Residential to R-30 Single Family Residential zoning district for Lots 2 and 3, Block 3, Stafford Heights Subdivision, located at 4801 and 4809 Manning Drive, Case ZC22-023 This item was withdrawn. 7b Ordinance O-22-2212 Consideration of a Special Use Permit for a fence to be located beyond the front facade of the primary dwelling on Lot 2, Block A, Park View Estate, located at 717 Field Street, Case ZC22-025 Councilmember Chuck Kelley recused himself from deliberation of this item, as his home is located within the notification area. Councilmember Dodson made a motion to remove Ordinance O-22-2212 from the table, seconded by Councilmember Rigney. Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Rigney. Abstain: 1 – Councilmember Kelley. Mayor Lindamood read the caption of Ordinance O-22-2212. Community Development Director Ben Bryner presented this item, request for a Special Use Permit for a fence to be located beyond the front facade of the primary City Council Minutes September 6, 2022 City of Colleyville Page 16 dwelling. Director Bryner stated the fence would be a wood fence, eight foot high, separated by a brick column and then transition to a rod iron fence, five foot tall, with a sliding gate at the driveway. Discussion ensued about the material of the fence, location of the fence, and the gate. Brian Kenner, 717 Field Street, the applicant, noted he is okay without having the gate and asked for clarity of the location of the fence. Mayor Lindamood opened the public hearing. Dee Kelley, 705 Hillside Road, noted her thanks for not allowing the gate and how the five foot fence does not make sense. She also asked for clarity regarding the west side proposed fence location. Rick Warner, 5408 South Drive, thanked Council and agreed with the decisions. Kathy Hadley, 204 Timberline Drive North, asked how a big house was able to be approved on a small lot and noted her concern of different fence material. Mayor Lindamood closed the public hearing. Mayor Pro Tem Wheat made a motion to approve Ordinance O-22-2212, with the amendment to Section 3.1.A allowing for an eight foot wooden fence transitioning to a convert column then a five foot rod iron fence parallel to the edge of the garage and not allowing for a gate or fence on the west side of the property as originally depicted, seconded by Councilmember Dodson. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Rigney. Abstain: 1 – Councilmember Kelley. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-22-4763 Consideration of a replat for Lot 1R, Block 1, Epperson Addition, being Tract 4E, Abstract 295, William E. Crooks Survey, and Lot 1, Block 1, Epperson Addition, located at 7308 and 7316 John McCain Road, Case PC22-011 Mayor Lindamood read Resolution R-22-4763 in its entirety. City Council Minutes September 6, 2022 City of Colleyville Page 17 Community Development Director Ben Bryner presented this item, noting the lot is currently one platted lot with an unplatted area adjacent to the platted lot and the request is to consolidate to one platted lot. Councilmember Dodson asked about a section on the proposed plot appearing to be an eight foot difference. Director Bryner stated the section is about 32 feet dedicated as right of way. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. Councilmember Rigney made a motion to approve Resolution R-22-4763, seconded by Councilmember Bond. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 8b Resolution R-22-4764 Consideration of a replat for Lots 1R-A and 1R-B, Block 4, Fairway Addition, being Lot 1, Block 4, Fairway Addition, located at 6601 Herbert Road, Case PC22-012 Mayor Lindamood read Resolution R-22-4764 in its entirety. Community Development Director Ben Bryner presented this item, noting the request is to divide one lot into two and the property is currently undeveloped. Mayor Pro Tem Wheat asked the applicant if both driveways would be on McDonwell School Road or will one be on Herbert Road. Osama Nashed, 5000 Thompson Terrace, the applicant, answered both houses will face McDonwell School Road, but one driveway will be on Herbert Road. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. Councilmember Dodson made a motion to approve Resolution R-22-4764, seconded by Councilmember Elder. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. City Council Minutes September 6, 2022 City of Colleyville Page 18 8c Resolution R-22-4765 A resolution requesting the Texas Legislature to take action to ensure the ERCOT power grid will provide reliable generation capabilities Mayor Lindamood read Resolution R-22-4765 in its entirety. Councilmember Dodson presented this item, noting the unreliability of energy resources. Councilmember Dodson highlighted ERCOT having no efficient back up system to wind and solar, gas costing over double if used to produce power, and how batteries are unable to hold more than a few hours worth of power. Councilmember Dodson encourages all cities come together and address this issue. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive North, expressed how natural resources should be used more. Mayor Lindamood closed the public hearing. Mayor Pro Tem Wheat made a motion to approve Resolution R-22-4765, seconded by Mayor Lindamood. The motion to approve passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, Kelley, and Rigney. 9. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive North, expressed her concern with building big homes on small lots. She also addressed the concern of water from her neighbor’s house flowing on to her property. Stephany Bufe, 1080 N FM 1655, Alvord, spoke regarding her mother’s property in Colleyville. She noted the property has a pond which was damned, causing debris build up and expressed engineering concerns. Sayeda Syed, 6705 Sapphire Circle North, stated she is happy to have school resource officers in Colleyville schools, but expressed her concern of schools in other cities not having school resource officers. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, SEPTEMBER 16, 2022 - READING AND PUBLIC HEARING - RESOLUTION R-22-4766 City Council Minutes September 6, 2022 City of Colleyville Page 19 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 11:42 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 20TH DAY OF SEPTEMBER 2022. Minutes taken and prepared by: Angela Larson Assistant City Secretary