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HomeMy WebLinkAboutCity Council-Minutes-9/17/2024 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 TUESDAY, SEPTEMBER 17, 2024 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of pervious and impervious coverage requirements WS-2 Discussion of residential carport regulations WS-3 Discussion of the September 17, 2024, 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 551.071 - Legal - Litigation status update 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 REGULAR MEETING 7:00 P.M. CITY COUNCIL CHAMBERS INVOCATION: Drew Sherman, Compass Christian PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda September 17, 2024 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-24-4969 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4970 4a Approval of the minutes of the regular City Council meeting of September 4, 2024 4b Approval to use the Voluntary Library Fund in Fiscal Year 2025, for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $195,000 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 $238,820.06, 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 contract with Motorola for the purchase of 50 Motorola APX NEXT All-Band P25 Smart Radios in an amount not to exceed $336,475, and authorizing the City Manager to execute the contract 4e Approval of the City's contribution of $161,218 for system upgrades to the Northeast Tarrant County Radio Consortium (NETCO) trunked radio system 4f Approval of the City contribution of $77,373, to the North Tarrant Regional SWAT Team for the purchase of a Bearcat G3 Armored Vehicle 4g Adoption of the Fiscal Year 2025 to 2029 Capital Improvement Program (CIP) 4h Approval of a Construction Services Agreement with McDonald Municipal & Industrial – A Division of C.F. McDonald Electric, Inc. for the Public Works Generator, in an amount not to exceed $261,869.00 and a contingency amount not to exceed $30,000.00, and authorizing the City Manager to execute the contract 4i Approval of a Professional Services Agreement with Halff Associates, Inc., in an amount not to exceed $98,000 for a Floodplain Reclamation Feasibility Analysis on Pecan Creek, and authorizing the City Manager to execute the agreement City Council Agenda September 17, 2024 City of Colleyville Page 3 4j Approval of a contract with One Source Commercial Flooring, LLC in the amount not to exceed $75,271.60 for the Colleyville Recreation Center north gym flooring, and authorizing the City Manager to execute the contract 4k Appointing a Colleyville City Councilmember to the North Central Texas Council of Government Emergency Preparedness Planning Council 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - August 2024 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-24-2298 Approval of sex offender residency restrictions, establishing child safety zones, and prohibiting certain registered sex offenders from residing within a certain distance where children commonly gather 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-24-2293 Adoption of the proposed Fiscal Year 2025 budget 7b Ordinance O-24-2294 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2025 7c Ordinance O-24-2295 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 7d Ordinance O-24-2296 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 7e Ordinance O-24-2297 Approval of a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2024 Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement City Council Agenda September 17, 2024 City of Colleyville Page 4 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-24-4971 Approval of a resolution to ratify the property tax increase as reflected in the Fiscal Year 2025 Budget 9. CITIZEN COMMENTS 10. REPORTS Planning and Zoning Commission Minutes - August 12, 2024 Planning and Zoning Commission Worksession Minutes - August 26, 2024 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, SEPTEMBER 17, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4972 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 13, 2024 by 5:00 p.m. Angela Fetters Assistant 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 817.503.1130, 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 17, 2024 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, September 17, 2024, at 5:30 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Parks and Recreation Director Lisa Escobedo, Finance Director Matt Poston, Library Director Jack Pawlowski, Community Development Director Ben Bryner, Public Works Director Amber Beard, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of pervious and impervious coverage requirements Community Development Director Ben Bryner presented this item, noting the City Council directed staff to review the Land Development Code for potential changes to the calculation of impervious coverage to exclude pools and synthetic turf areas. Following discussion, City Council directed staff to review the partial credit and regulations, which may be incorporated, and would limit synthetic turf to the side and back yard only. WS-2 Discussion of residential carport regulations Community Development Director Ben Bryner presented this potential amendment to the Land Development Code, which may eliminate the need for an SUP approval for carports, if the structure complies with minimum standards. Director Bryner suggested adding language to the Land Development Code to reflect a carport must be located completely to the rear of the house. Following discussion, City Council directed staff to proceed with bringing these updates forward. WS-3 Discussion of the September 17, 2024, City Council regular agenda items Mayor Lindamood stated the tax rate is on the evening agenda and clarified the rate. City Council Minutes September 17, 2024 City of Colleyville Page 2 Mayor Lindamood adjourned the Worksession at 6:05 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 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 551.071 - Legal - Litigation status update 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 There was no action taken and Mayor Lindamood adjourned Executive Session at 7:05 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:14 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. INVOCATION: Lori Murillo, 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-24-4969 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council provided announcements regarding community news and upcoming events. City Council Minutes September 17, 2024 City of Colleyville Page 3 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4970 4a Approval of the minutes of the regular City Council meeting of September 4, 2024 4b Approval to use the Voluntary Library Fund in Fiscal Year 2025, for the purchase of library materials, collection processing supplies, and library programs, in an amount not to exceed $195,000 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 $238,820.06, 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 contract with Motorola for the purchase of 50 Motorola APX NEXT All-Band P25 Smart Radios in an amount not to exceed $336,475, and authorizing the City Manager to execute the contract 4e Approval of the City's contribution of $161,218 for system upgrades to the Northeast Tarrant County Radio Consortium (NETCO) trunked radio system 4f Approval of the City contribution of $77,373, to the North Tarrant Regional SWAT Team for the purchase of a Bearcat G3 Armored Vehicle 4g Adoption of the Fiscal Year 2025 to 2029 Capital Improvement Program (CIP) 4h Approval of a Construction Services Agreement with McDonald Municipal & Industrial – A Division of C.F. McDonald Electric, Inc. for the Public Works Generator, in an amount not to exceed $261,869.00 and a contingency amount not to exceed $30,000.00, and authorizing the City Manager to execute the contract 4i Approval of a Professional Services Agreement with Halff Associates, Inc., in an amount not to exceed $98,000 for a Floodplain Reclamation Feasibility Analysis on Pecan Creek, and authorizing the City Manager to execute the agreement 4j Approval of a contract with One Source Commercial Flooring, LLC in the amount not to exceed $75,271.60 for the Colleyville Recreation Center north gym flooring, and authorizing the City Manager to execute the contract City Council Minutes September 17, 2024 City of Colleyville Page 4 4k Appointing a Colleyville City Councilmember to the North Central Texas Council of Government Emergency Preparedness Planning Council Mayor Lindamood read Resolution R-24-4970 in its entirety. Library Director Jack Pawlowski presented 4b, Parks and Recreation Director Lisa Escobedo presented 4c, and Police Chief Michael Miller presented 4d, 4e, and 4f. Finance Director Matt Poston presented 4g. There was general discussion regarding the CIP, the Justice Center generator, and parking awnings. Public Works Director Amber Beard presented 4h and 4i, Assistant City Manager Mark Wood presented 4j, and City Secretary Christine Loven presented 4k. There were no questions and Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Resolution R-24-4970, amending 4k to nominate Mayor Pro Tem Brandi Elder as primary and Councilmember Mark Alphonso as alternate to the NCTCOG Emergency Preparedness Planning Council, seconded by Deputy Mayor Pro Tem Richardson. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - August 2024 Finance Director Matt Poston began the review of the August financial report by noting there is one month of reporting left in the fiscal year and sales tax collection for the month of September (July sales) saw a 5.07% increase over the same month last year. He then reviewed the general fund performance over the last eleven months. 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-24-2298 Approval of sex offender residency restrictions, establishing child safety zones, and prohibiting certain registered sex offenders from residing within a certain distance where children commonly gather Mayor Lindamood read the caption of Ordinance O-24-2298. City Council Minutes September 17, 2024 City of Colleyville Page 5 City Attorney Whitt Wyatt stated the ordinance provides for regulations, which have been tested by the courts, and noted the City does not currently have a registered sex offender ordinance. There were no questions and Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading with no action taken. 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-24-2293 Adoption of the proposed Fiscal Year 2025 budget Mayor Lindamood read the caption of Ordinance O-24-2293. Finance Director Matt Poston presented the proposed budget noting the priorities of the budget are fiscal responsibility, public safety, quality of service and programs, infrastructure maintenance and beautification, recreation and open space enhancements, and economic development. He stated as required by the state, this budget will raise more total property taxes than last year's budget by $1,237,734 or 7.00%, and of that amount, $262,727 is tax revenue to be raised from new property added to the tax roll this year. Director Poston also noted the 7% homestead exemption is implemented in this budget to provide relief for homeowners from the burden of property taxes. He stated the proposed budget is built on a $1 million increase in property tax, which equates to an approximate 7% increase. Director Poston reviewed the requests from agencies who provide services to the residents of the City, and noted the agreements are also part of the proposed budget. Mayor Lindamood expressed his appreciation to City Council and staff for their diligence in controlling costs and working together. He also noted the agency agreements help many residents and stated SNAP participants are at many City events. Deputy Mayor Pro Tem Richardson stated he feels SNAP needs additional funding because of the work they do within the community. There were no questions and Mayor Lindamood opened and closed the public hearing without any speakers. Deputy Mayor Pro Tem Richardson made a motion to approve Ordinance O-24-2293, with an amendment the SNAP funding be increased to $2,000, seconded by Councilmember Raine. City Council Minutes September 17, 2024 City of Colleyville Page 6 The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 7b Ordinance O-24-2294 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2025 Mayor Lindamood read the caption of Ordinance O-24-2294. Finance Director Matt Poston stated in conjunction with adopting the annual budget, City Council is required to adopt an ad valorem tax rate. He noted the Texas Property Tax Code requires taxing units to comply with "Truth-in-Taxation" laws when setting tax rates and this tax rate will raise more taxes for maintenance and operations than last year's tax rate. The tax rate will effectively be raised by 3.33 percent and will raise taxes for maintenance and operations on a $100,000 home by approximately $8.77. Director Poston advised required calculations include a no-new-revenue tax rate, which provides for the same amount of property tax revenues collected as in the previous tax year, excluding amounts collected from newly developed property, and a voter-approval rate, which represents the highest rate the City could adopt without calling for a public vote. The calculated FY2025 no-new-revenue tax rate is $0.237097/$100 valuation, and the voter-approval rate is $0.292915/$100 valuation. He stated the proposed $0.276204/$100 valuation, tax rate is higher than the no-new-revenue rate but lower than the voter-approval rate and is $0.015213, over the current $0.260991. There were no questions and Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves moved to approve Ordinance O-24-2294, which approves the property tax rate be increased by the adoption of a tax rate of 0.276204, which is effectively a 16.49 percent increase in the tax rate, seconded by Councilmember Alphonso. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. City Council Minutes September 17, 2024 City of Colleyville Page 7 7c Ordinance O-24-2295 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 Lindamood read the caption of Ordinance O-24-2295. Finance Director Matt Poston stated the City’s fee schedule is reviewed annually. This year, the only changes are for the Library, and they are small housekeeping items. There were no questions and Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Pro Tem Elder made a motion to approve Ordinance O-24-2295, seconded by Councilmember Holt Gunderson. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 7d Ordinance O-24-2296 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-24-2296. Finance Director Matt Poston stated City operating costs are established annually as part of the budget process. The FY 2025 water and wastewater base rates have been calculated based on the revenue necessary to cover the proposed FY 2025 operating costs. The proposed water rate changes represent a total monthly base rate increase of $2.02, for customers with a 1" meter and smaller, which is the majority of the City's residential base. Other increases based on meter size are also included in the ordinance. The proposed increases to wastewater base rates are $0.75 increase for residential customers and a $0.75 increase for nonresidential customers. Director Poston stated there is no change proposed for the Capital Project Rate. There were no questions and Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Alphonso made a motion to approve Ordinance O-24- 2296, seconded by Councilmember Graves. City Council Minutes September 17, 2024 City of Colleyville Page 8 The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 7e Ordinance O-24-2297 Approval of a negotiated settlement between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division regarding the company's 2024 Rate Review Mechanism filing and adopting tariffs reflecting rate adjustments consistent with the negotiated settlement Mayor Lindamood the caption of Ordinance O-24-2297. Assistant City Manager Adrienne Lothery stated Colleyville is one of the member cities of the Atmos Steering Committee, reviewed the strength and efficiency of the Committee, and provided an overview of the rate making process and the Rate Review Mechanism, (RRM). Manager Lothery stated the Committee reviewed the annual rate increase put forth by Atmos and recommends a negotiated a settlement, which would allow Atmos to receive an increase of $164.7 million, a reduction of $32.1 million compared to the original request. Manager Lothery stated if the City Council were to deny the settlement, Atmos could appeal the decision to the Railroad Commission, which has historically ruled in favor of Atmos. There were no questions and Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Raine made a motion to approve Ordinance O-24-2297, seconded by Deputy Mayor Pro Tem Richardson. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-24-4971 Approval of a resolution to ratify the property tax increase as reflected in the Fiscal Year 2025 Budget Mayor Lindamood read Resolution R-24-4971 in its entirety. City Council Minutes September 17, 2024 City of Colleyville Page 9 Finance Director Matt Posted stated this resolution ratifies the action within the Fiscal Year 2025 budget ordinance. There were no questions and Mayor Lindamood opened and closed the public hearing without any speakers. Deputy Mayor Pro Tem Richardson made a motion to approve Resolution R-24-4971, seconded by Councilmember Holt Gunderson. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 9. CITIZEN COMMENTS There were no speakers. 10. REPORTS Planning and Zoning Commission Minutes - August 12, 2024 Planning and Zoning Commission Worksession Minutes - August 26, 2024 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, SEPTEMBER 17, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4972 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 8:49 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 2ND DAY OF OCTOBER 2024. Minutes taken and prepared by: Christine Loven, TRMC City Secretary