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HomeMy WebLinkAboutCity Council-Minutes-9/19/2023 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 TUESDAY, SEPTEMBER 19, 2023 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the City Council Rules of Procedure WS-2 Discussion of converting the annex building at the recreation center into a permanent vote center WS-3 Discussion of the September 19, 2023, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities 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 Section 551.089 - Security devices, audits, security assessments or deployments relating to information resources technology REGULAR MEETING 7:00 P.M. CITY COUNCIL CHAMBERS City Council Agenda September 19, 2023 City of Colleyville Page 2 INVOCATION: Compass Christian 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-23-4875 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23-4876 4a Approval of the minutes of the regular City Council meeting of September 6, 2023 4b Approval to use the Voluntary Library Fund in Fiscal Year 2024, for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $190,000 4c Approval of one of five, one year renewals of the Grounds Maintenance Mowing Agreement with Whitmore and Sons, Inc., in an amount not to exceed $236,840, and any associated change orders, in an amount not to exceed 25% of the original contract price, and authorizing the City Manager to execute the contract 4d Approval of a First Amendment to Ground and Tower Lease between the City of Colleyville and Verizon Wireless for the water tower located at 6015 Bransford Road, and authorizing the City Manager to execute the agreement 4e Adoption of the Fiscal Year 2024 to 2028 Capital Improvement Program (CIP) 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - August 2023 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-23-2256 Amending Ordinance O-22-2219 relating to the Fiscal Year 2023 budget 6b Ordinance O-23-2257 Adoption of the proposed Fiscal Year 2024 budget 6c Ordinance O-23-2258 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2024 City Council Agenda September 19, 2023 City of Colleyville Page 3 6d Ordinance O-23-2259 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 6e Ordinance O-23-2260 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-23-2250 Consideration of a Special Use Permit for a Cemetery use on Lot 1A1, Block 1, of the Bob Moore Sports Center Addition, located at 6113 Colleyville Boulevard, Case ZC23-013 6g Ordinance O-23-2251 Consideration of a Special Use Permit to allow a non-compliant fence for Lot 1, Block 1, Congregation Beth Israel Addition, located at 6100 Pleasant Run Road, Case ZC23-015 6h Ordinance O-23-2252 Consideration of a Special Use Permit to allow a non-compliant fence for Lot 1, Block A, Shanklin Farm Addition, located at 4820 Bill Simmons Road, Case ZC23-016 6i Ordinance O-23-2253 Consideration of a Special Use Permit to allow for a non-compliant fence for Lot 21, Block 2, Stafford Heights Subdivision, located at 4808 Manning Drive, Case ZC23-017 6j Ordinance O-23-2254 Consideration of a change of zoning from R-20 Single Family Residential district to R-40 Single Family Residential district on a portion of Lot 17, Block 3, Highland Acres Addition, located at 5108 Bransford Road, Case ZC23-018 6k Ordinance O-23-2255 Consideration of a Special Use Permit to allow for an Accessory Dwelling for Lot 17, Block 3, Highland Acres Addition, located at 5108 Bransford Road, Case ZC23-019 6l Ordinance O-23-2261 Approval of a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2023 Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement City Council Agenda September 19, 2023 City of Colleyville Page 4 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-23-4877 Approval of a resolution to ratify the property tax increase as reflected in the Fiscal Year 2024 Budget 7b Resolution R-23-4878 Consideration of a variance to the provisions of Section 3.24.G, Schedule of District Regulations, specifically for the lot area and lot width in the R-10 Single Family Residential district for Lot 10, Block 6, of the Colleyville Estates Addition, located at 605 Field Street, Case VC23-003 7c Resolution R-23-4879 Consideration of an easement abandonment, specifically an 11.5-foot Roadway and Pedestrian Easement, on the property known as Lot 1, Block A, Shanklin Farm Addition, located at 4820 Bill Simmons Road 8. CITIZEN COMMENTS 9. REPORTS Planning and Zoning Commission Meeting Minutes - August 14, 2023 Planning and Zoning Commission Worksession Meeting Minutes - August 28, 2023 Planning and Zoning Commission Special Meeting Minutes - August 28, 2023 10. ACTION RESOLUTION: DISCUSSION AND CONSIDERATION OF RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, SEPTEMBER 19, 2023-READING AND PUBLIC HEARING-RESOLUTION R-23-4880 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 15, 2023, 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 100 Main Street, Colleyville, Texas, 76034 TUESDAY, SEPTEMBER 19, 2023 Mayor Pro Tem Callie Rigney called the Colleyville City Council Worksession to order on Tuesday, September 19, 2023, at 5:30 p.m. ROLL CALL: Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. ABSENT: Mayor Bobby Lindamood. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Fire Chief Mark Cantrell, Parks and Recreation Director Lisa Escobedo, Information Systems Director Patrick Stotts, Finance Director Kyle Lester, Community Development Director Ben Bryner, Public Works Director Amber Beard, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of the City Council Rules of Procedure City Secretary Christine Loven discussed the City Council Rules of Procedure, noting there have been no recommended changes by City Council at this time. There was discussion of the board, commission, and committee application process and the length of time for which an application is valid. WS-2 Discussion of converting the annex building at the recreation center into a permanent vote center City Secretary Christine Loven gave a presentation noting the potential to convert the annex building at the Recreation Center to a permanent vote center. There was discussion of the location, restroom facilities, and campaigning area. WS-3 Discussion of the September 19, 2023, City Council regular agenda items Mayor Pro Tem Rigney stated she will move agenda item 7a up to follow item 6c, and an updated list of support for agenda item 6f has been distributed by the City Secretary. Mayor Pro Tem Rigney adjourned the Worksession at 5:53 and called the Executive Session to order. City Council Minutes September 19, 2023 City of Colleyville Page 2 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities 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 Section 551.089 - Security devices, audits, security assessments or deployments relating to information resources technology There was no action taken and Mayor Pro Tem Rigney adjourned Executive Session at 6:58 p.m. Mayor Pro Tem Rigney called the regular meeting of the City Council to order at 7:01 p.m. and called the roll. ROLL CALL: Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. ABSENT: Mayor Bobby Lindamood. INVOCATION: Councilmember George Bond 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-23-4875 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Pro Tem Rigney and the City Council made announcements regarding City and community events. City Council Minutes September 19, 2023 City of Colleyville Page 3 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23- 4876 4a Approval of the minutes of the regular City Council meeting of September 6, 2023 4b Approval to use the Voluntary Library Fund in Fiscal Year 2024, for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $190,000 4c Approval of one of five, one year renewals of the Grounds Maintenance Mowing Agreement with Whitmore and Sons, Inc., in an amount not to exceed $236,840, and any associated change orders, in an amount not to exceed 25% of the original contract price, and authorizing the City Manager to execute the contract 4d Approval of a First Amendment to Ground and Tower Lease between the City of Colleyville and Verizon Wireless for the water tower located at 6015 Bransford Road, and authorizing the City Manager to execute the agreement 4e Adoption of the Fiscal Year 2024 to 2028 Capital Improvement Program (CIP) Mayor Pro Tem Rigney read Resolution R-23-4876 in its entirety. Library Director Mary Rodne presented item 4b, Parks and Recreation Director Lisa Escobedo presented 4c, Assistant City Manager Adrienne Lothery presented 4d, and Finance Director Kyle Lester presented 4e. Staff answered questions of the City Council regarding extra mowing needs under 4c, and the park land dedication fund under 4e. Mayor Pro Tem Rigney opened and closed the public hearing without speakers. Councilmember Elder made a motion to approve Resolution R-23-4876, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. City Council Minutes September 19, 2023 City of Colleyville Page 4 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - August 2023 Finance Director Kyle Lester presented the August Financial Report, noting sales tax showed an increase of 4% over last July, and noted through August, the general fund has collected 101% of its budgeted revenues and spent 86% of budgeted expenditures. He then gave an overview of each fund. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-23-2256 Amending Ordinance O-22-2219 relating to the Fiscal Year 2023 budget Mayor Pro Tem Rigney read the caption of Ordinance O-23-2256. Finance Director Kyle Lester explained the proposed ordinance allows the transfer of part or all of any unencumbered appropriation balance from one department to another, if expenditures in a department exceeded the adopted budget and to transfer surplus from the funds to transfer to the capital funds. Mayor Pro Tem Rigney opened and closed the public hearing without any speakers. Councilmember Elder made a motion to approve Ordinance O-23-2256, seconded by Councilmember Richardson. The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. 6b Ordinance O-23-2257 Adoption of the proposed Fiscal Year 2024 budget Mayor Pro Tem Rigney read the caption of Ordinance O-23-2257. Finance Director Kyle Lester presented the City Manager’s proposed FY24 operating budget, noting the City Council has been involved with this budget and it has been discussed at length over several meetings. Director Lester provided the property tax summary for FY24, and explained there was significant net growth led by residential reappraisals, tempered by exemptions City Council Minutes September 19, 2023 City of Colleyville Page 5 which is why the proposed tax rate is above the no-new-revenue rate but below current rate by $.004627. He noted this rate will increase the maintenance and operating rate, while keeping the debt rate the same, with an average residential tax bill calculation increase of $181.55 annually or $15.12 month. The new growth nets over $180,000, and the rate adjustment nets $1.13 million. Director Lester provided a history of the Council’s budget efforts since 2018, and highlighted the needs and key accomplishments of the proposed budget which demonstrates responsible fiscal management, and maintains service levels across the City, without cuts, and providing for staffing of the Recreation Center, technology infrastructure, a fire pumper truck, utility, and basic service cost increases. Director Lester provided general fund projections over the next five years, reflecting modest revenue projections. The presentation provided charts which show new revenue and expenditures by category in all funds and where the money is spent. Mayor Pro Tem Rigney stated the City was able to provide for the no-new-revenue rate for the last five years, this tax rate, responsibly provides for the needs of the City and is necessary. There was discussion of debt services and the need for drainage planning and funding. Mayor Pro Tem Rigney opened the public hearing. Sayeda Syed, 6705 Sapphire Circle North, asked of the 26% property tax exempted property, what percentage is homestead and what the percentage is 65 and over exemptions. Director Lester stated the exemptions are for those 65 and older, and Disabled Veterans, and the City does not have a homestead exemption. Mayor Pro Tem Rigney closed the public hearing as there were no others wishing to speak. Councilmember Bond made a motion to approve Ordinance O-23-2257, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. 6c Ordinance O-23-2258 City Council Minutes September 19, 2023 City of Colleyville Page 6 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2024 Mayor Pro Tem Rigney read the caption of Ordinance O-23-2258. Finance Director Kyle Lester presented the FY24 tax rate proposal, and noted the tax rate funds the majority of the budget proposal. He noted as it was stated in the budget presentation, the proposed tax rate is above the no-new-revenue rate but below the current rate by $.004627. He noted this rate will increase the maintenance and operating rate, while keeping the debt rate the same. Director Lester reviewed the FY24 needs and programs. Mayor Pro Tem Rigney stated she and the City Council are proud of work done here and Colleyville continues to have one of the lowest tax rates in the area. Councilmember Richardson thanked Director Lester for his work and noted his five year modeling scenarios allows the City Council to take action for future needs now and is a good solid plan. Mayor Pro Tem Rigney opened and closed the public hearing without any speakers. Mayor Pro Tem Rigney made a motion to approve Ordinance O-23-2258, seconded by Councilmember Richardson. The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. At this time, Mayor Pro Tem Rigney moved to item 7a, Resolution R-23- 4877. 6d Ordinance O-23-2259 Amending the City’s fee schedule by amending and restating Section 2-26 of the Colleyville, Texas, Code of Ordinances, establishing fees and charges for City services Mayor Pro Tem Rigney read the caption of Ordinance O-23-2259. Finance Director Kyle Lester stated as part of the annual budget process, staff reviews the fees charged by the City and proposes new fees, revisions or deletions of fees. The proposed fee changes for FY24 include Colleyville Center weekend and Garden Plaza rental fees, and video projector fees, and removal of Colleyville Center fees for services no longer offered. City Council Minutes September 19, 2023 City of Colleyville Page 7 Mayor Pro Tem Rigney opened and closed the public hearing without any speakers. Councilmember Richardson made a motion to approve Ordinance O-23- 2259, seconded by Councilmember Elder. The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. 6e Ordinance O-23-2260 An ordinance amending Section 3 - Service Charges of the Water and Sewer Policy and Procedure Manual as contained in the Code of Ordinances, to implement updated base rates Mayor Pro Tem Rigney read the caption of Ordinance O-23-2260. Finance Director Kyle Lester presented this item, highlighting the Water and Wastewater base rate structure. Director Lester noted an increase to the FY24 base rate of $1.17 for customers with a 1 inch or smaller meter, a $1.96 increase for customers with a 1.5 inch meter, a $2.91 increase (+3.8%) for customers with a 2" meter, a $5.13 increase (+3.9%) for customers with a 3" meter, and a $8.31 increase (+3.9%) for customers with a 4" meter. Mayor Pro Tem Rigney opened and closed the public hearing without any speakers. Councilmember Richardson made a motion to approve Ordinance O-23- 2260, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. 6f Ordinance O-23-2250 Consideration of a Special Use Permit for a Cemetery use on Lot 1A1, Block 1, of the Bob Moore Sports Center Addition, located at 6113 Colleyville Boulevard, Case ZC23-013 Mayor Pro Tem Rigney read the caption of Ordinance O-23-2250. City Council Minutes September 19, 2023 City of Colleyville Page 8 Community Development Director Ben Bryner reviewed the proposed changes to the SUP which were derived from meetings with the applicant following the September 6, 2023, City Council meeting and the direction provided at that time. He noted the project will be phased; and explained Phase I and Phase II. There was discussion regarding time frame, type of masonry, water features, interior roadway design, and fencing. Julia Mitchell and Jennifer Nachtigal, Mitchell Nachtigal Law, representing the applicant and the owners of Bob Moore’s Sports Center, Bluebonnet Cemetery representatives Cary Grossi, and Patrick Husband, and Lisa Miller, Bob Moore’s Sports Center, were present to answer questions following Attorney Mitchell’s presentation. There was further discussion regarding the parking lot, fencing, and signage at the current Bob Moore business, the legal description of the property, the decorative fencing and setbacks along Colleyville Boulevard, the condition of the current interior roads within the cemetery, the location, number, and size of mausoleums. Mayor Pro Tem recessed the meeting to convene in Executive Session at 9:24 p.m. and reconvened at 10:21 p.m. Mayor Pro Tem Rigney opened the public hearing. Speaking in support of this item were Sharon Siddique, 1502 Royal Lane, Brian Miller, 2505 Highland Park Drive, and Shemila Chancellor, 5012 Oak Timbers Court. Mayor Pro Tem Rigney closed the public hearing as there were no others wishing to speak. Councilmember Graves made a motion to approve Ordinance O-23-2250 as presented by staff, with the following amendments: 1. Applicant will provide full legal description and an additional survey (or similar) exhibit carving out the residential parcel, which will be added to the existing exhibits. 2. The netting identified in Section 4.1.b.2 shall be extended to the west to fully cover the “baby land” portion of the cemetery. 3. Strike Section 4.1.b.3 requiring netting along the north property line. 4. Applicant will provide staff a five (5) year maintenance plan for existing cemetery roads in addition to repairing roads. 5. The setback for private mausoleums identified in Section 4.1.b.7.b shall be modified from 500’ to 250’ along Colleyville Boulevard (west property line) and from 150’ to 100’ from the east property line. City Council Minutes September 19, 2023 City of Colleyville Page 9 6. Private mausoleums shall not exceed 12’x12’x12’ – community mausoleums shall not exceed 25’ in height. 7. Strike Section 4.1.b.9 requiring improvement of the existing driving range parking lot. 8. Clarify that the driving range shall remain for earlier of 7 years from the approval date of this ordinance or upon issuance of a building permit for the initial Phase 2 improvements. 9. Update Section 4.1.c.6.e to require a detailed use plan clearly identifying the types, sizes and quantities of monuments to be installed in each area of the Phase 1 (and Phase 2 at the time of issuance of a building permit for the initial Phase 2 improvements). 10. Section 4.1.c.3 will be updated to require removal of the parking lot along Colleyville Boulevard within six (6) months of the approval date of this ordinance. seconded by Mayor Pro Tem Rigney. The motion with the amendment was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. 6g Ordinance O-23-2251 Consideration of a Special Use Permit to allow a non-compliant fence for Lot 1, Block 1, Congregation Beth Israel Addition, located at 6100 Pleasant Run Road, Case ZC23-015 Mayor Pro Tem Rigney read the caption of Ordinance O-23-2251. Community Development Director Ben Bryner presented this SUP for a non- compliant six-foot fence at Congregation Beth Israel. Mayor Pro Tem Rigney opened the public hearing. Sayeda Syed, 6705 Sapphire Circle North, stated she would like the ordinance to be approved and would also like the City to waive the permit fees. Mayor Pro Tem Rigney closed the public hearing as there were no others wishing to speak. Councilmember Kelley made a motion to approve Ordinance O-23-2251, and for the City to waive permit fees, seconded by Councilmember Bond. City Council Minutes September 19, 2023 City of Colleyville Page 10 The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. 6h Ordinance O-23-2252 Consideration of a Special Use Permit to allow a non-compliant fence for Lot 1, Block A, Shanklin Farm Addition, located at 4820 Bill Simmons Road, Case ZC23-016 Mayor Pro Tem Rigney read the caption of Ordinance O-23-2252. Community Development Director Ben Bryner presented this request for a six foot wrought iron fence to encroach into the street side yard setback. Applicant Boyce Estes reviewed the changes made based on the comments from the previous meeting. He noted there would be two eight foot panels between the brick columns, spaced aesthetically, and stone to closely match the retaining wall. There was discussion of an easement and City Manager Jerry Ducay stated there is an item of this agenda to provide for vacating the easement. Mayor Pro Tem Rigney opened and closed the public hearing without any speakers. Councilmember Richardson made a motion to approve Ordinance O-23- 2252, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. 6i Ordinance O-23-2253 Consideration of a Special Use Permit to allow for a non-compliant fence for Lot 21, Block 2, Stafford Heights Subdivision, located at 4808 Manning Drive, Case ZC23-017 Mayor Pro Tem Rigney read the caption of Ordinance O-23-2253. City Council Minutes September 19, 2023 City of Colleyville Page 11 Community Development Director Ben Bryner presented the request for an iron fence six-feet in height with two-foot by two-foot stone columns and a motorized iron gate to extend beyond the front façade of the house along the property line. Mayor Pro Tem Rigney opened and closed the public hearing without any speakers. Councilmember Kelley made a motion to deny Ordinance O-23-2253, seconded by Mayor Pro Tem Rigney. The motion to deny was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. 6j Ordinance O-23-2254 Consideration of a change of zoning from R-20 Single Family Residential district to R-40 Single Family Residential district on a portion of Lot 17, Block 3, Highland Acres Addition, located at 5108 Bransford Road, Case ZC23-018 Mayor Pro Tem Rigney read the caption of Ordinance O-23-2254. Community Development Director Ben Bryner presented this request to rezone from R-20 to R-40 as the lot currently has split zoning, but meets all the requirements of the R-40. Mayor Pro Tem Rigney opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Ordinance O-23-2254, seconded by Councilmember Bond. The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. 6k Ordinance O-23-2255 Consideration of a Special Use Permit to allow for an Accessory Dwelling for Lot 17, Block 3, Highland Acres Addition, located at 5108 Bransford Road, Case ZC23-019 City Council Minutes September 19, 2023 City of Colleyville Page 12 Mayor Pro Tem Rigney read the caption of Ordinance O-23-2255. Community Development Director Ben Bryner presented this request for an SUP for a detached accessory building to be used as a dwelling for a live-in nanny. Director Bryner noted this request is running concurrently to the request to rezone from R-20 to R-40. There was discussion regarding expiration of the SUP if there was a change in use or ownership. Mayor Pro Tem Rigney opened and closed the public hearing without any speakers. Councilmember Elder made a motion to approve Ordinance O-23-2255, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. 6l Ordinance O-23-2261 Approval of a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2023 Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement Mayor Pro Tem Rigney read the caption of Ordinance O-23-2261. Assistant City Manager Adrienne Lothery presented this item noting in March 2023, Atmos filed a rate request for consideration by the Steering Committee of Cities Served by Atmos (ACSC), which Colleyville is a member. Atmos claimed its cost-of-service in a test year ending December 31, 2022, entitled it to additional system-wide revenues of $165.9 million. ACSC’s consultants and Atmos negotiated a settlement which would allow Atmos an increase of $142 million, a reduction of $23.9 million compared to their original request. Manager Lothery noted the recommendation is to approve the negotiated settlement agreement as denial would result in Atmos appealing the decision to the Railroad Commission, which has historically ruled in favor of Atmos. Mayor Pro Tem Rigney opened and closed the public hearing without any speakers. Councilmember Richardson made a motion to approve Ordinance O-23- 2261, seconded by Councilmember Elder. The motion was approved by the following vote: City Council Minutes September 19, 2023 City of Colleyville Page 13 Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-23-4877 Approval of a resolution to ratify the property tax increase as reflected in the Fiscal Year 2024 Budget Mayor Pro Tem Rigney read Resolution R-23-4877 in its entirety. Finance Director Kyle Lester stated HB 3195, requires the City Council to vote to ratify the property tax increase as reflected in the Fiscal Year 2024 Budget, and which the City Council approved by Ordinance O-23-2258. He noted this is a procedural requirement and the actual total tax rate has decreased from the voter approval rate of $0.283010 to $0.260991 per $100 of valuation. Similarly, the FY24 proposed rate is also below the FY23 tax rate by $0.004627. Mayor Pro Tem Rigney opened and closed the public hearing without speakers. Councilmember Graves made a motion to approve Resolution R-23-4877, seconded by Councilmember Bond. The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. Mayor Pro Tem Rigney then returned to Agenda Item 6d. 7b Resolution R-23-4878 Consideration of a variance to the provisions of Section 3.24.G, Schedule of District Regulations, specifically for the lot area and lot width in the R-10 Single Family Residential district for Lot 10, Block 6, of the Colleyville Estates Addition, located at 605 Field Street, Case VC23-003 Mayor Pro Tem Rigney read Resolution R-23-4878 in its entirety. Community Development Director Ben Bryner presented this variance request for the lot area and lot width in the R-10 Single Family Residential district to allow an City Council Minutes September 19, 2023 City of Colleyville Page 14 above ground pool and pergola may be permitted and built. Director Bryner noted, if approved and the property is developed with a single-family resident use, the lot will comply with the R-20 zoning district standards. Esther DeLeon, applicant, was present to answer questions of the City Council. Mayor Pro Tem Rigney opened and closed the public hearing without speakers. Mayor Pro Tem Rigney made a motion to approve Resolution R-23-4878, seconded by Councilmember Kelley. The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. 7c Resolution R-23-4879 Consideration of an easement abandonment, specifically an 11.5-foot Roadway and Pedestrian Easement, on the property known as Lot 1, Block A, Shanklin Farm Addition, located at 4820 Bill Simmons Road Mayor Pro Tem Rigney read Resolution R-23-4879 in its entirety. Community Development Director Ben Bryner presented this item noting the proposed resolution will provide for the abandonment of the easement which was discussed earlier under Ordinance O-23-2252. Mayor Pro Tem Rigney opened and closed the public hearing without speakers. Councilmember Elder made a motion to approve Resolution R-23-4879, seconded by Councilmember Richardson. The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Rigney, and Councilmembers, Elder, Bond, Richardson, Graves, and Kelley. Absent: 1 - Mayor Lindamood. 8. CITIZEN COMMENTS Sayeda Syed, 6705 Sapphire Circle North, addressed concerns regarding the traffic light at John McCain and Colleyville Boulevard. City Council Minutes September 19, 2023 City of Colleyville Page 15 9. REPORTS Planning and Zoning Commission Meeting Minutes - August 14, 2023 Planning and Zoning Commission Worksession Meeting Minutes - August 28, 2023 Planning and Zoning Commission Special Meeting Minutes - August 28, 2023 There was no action taken. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, SEPTEMBER 19, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23-4880 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 11:19 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 17TH DAY OF OCTOBER 2023. Minutes taken and prepared by: Christine Loven, TRMC City Secretary