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City Council

September 9, 2024 ·6:30 PM Final

Lewisville City Hall

Agenda PDF 📹 Watch video Official record ↗

Agenda — 58 items

  1. 1 Anyone wishing to submit comments prior to the meeting may do so through e-comments. To access e-comments, go to https://cityoflewisville.legistar.com/Calendar.aspx and utilize the e-comments link located to the far right hand side of the line containing this meeting details and agenda. E-comments will be accepted until 5:30 p.m. prior to the meeting.
  2. 2 Call to Order and Announce Quorum is Present
  3. 3 Workshop Session - 6:30 P.M.
  4. 3 Rollcall
  5. 4 **Items discussed during Workshop Session may be continued during the Regular Session if time does not permit holding or completing discussion of the item during Workshop Session.
  6. 4 Note
  7. A. Discussion of Consent and Regular Agenda Items 24-3693 ▶ jump to 0:01
  8. 5 Note
  9. B. Lead and Copper Rule Workshop Presentation 24-3684 ▶ jump to 12:27
  10. 7 Regular Session - 7:00 P.M. ▶ jump to 24:08
  11. A. Invocation - Deputy Mayor Pro Tem Ronni Cade ▶ jump to 24:15
  12. B. Pledge to the American and Texas Flags - Mayor TJ Gilmore ▶ jump to 24:52
  13. C. Public Hearing
  14. 1. Continued Public Hearing: Consideration of an Ordinance Amending the Zoning Ordinance by Amending Ordinance No. 0428-22-ZON to Rezone Approximately 10.207 Acres Located on the Northeast Corner of Lady Tessala Avenue and Essex Boulevard, Legally Described as 10.207 Acres out of the Amos Singleton Survey, Abstract 1138 From Planned Development Multi-Family 3 (PD-MF3) District to Planned Development Townhouse 2 (PD-TH2) District; to Amend the Planned Development Concept Plan set Forth in Exhibit 5B The Realm Subdistrict Concept Plan Thereto by Amending the Concept Plan For 50.562 Acres Located North of Lady Tessala Avenue, Legally Described as 50.562 Acres out of the Amos Singleton Survey, Abstract 1138 and the Benjamin Schoonover Survey, Abstract 1209, as Requested by Patricia Fant, of McAdams, on Behalf of Eric Stanley, of Breco Lands CH LLC, the Property Owner. (Case No. 24-04-2-PZ) 24-3695 approved* Pass ▶ jump to 31:52
  15. 2. Public Hearing: Consideration of an Ordinance Granting a Special Use Permit for Manufacturing, Medium Intensity; on Approximately 5.1578 Acres Legally Described as Lot 3, Block A, Red River Business Park Addition; Located at 900 Arthur’s Lane; Zoned Light Industrial District (LI); as Requested by Angela Hunt, Munsch Hardt Kopf & Harr, on Behalf of Tyler Clements, Multiquip Inc., the Tenant, and Arthur’s Lane Business Park, LLC, the Property Owner. (Case No. 24-08-13-SUP). 24-3680 approved* Pass ▶ jump to 34:13
  16. 3. Public Hearing: Consideration of an Ordinance Adopting the FY 2024-2025 Operating Budget. 24-3696 ▶ jump to 35:17
  17. I. Closed Session
  18. D. Visitor/Citizens Forum ▶ jump to 36:51
  19. 15 Speakers must address their comments to the Mayor rather than to individual Council members or staff. Speakers should speak clearly and state their name and address prior to beginning their remarks. Speakers will be allowed 5 minutes for testimony. Speakers making personal, impertinent, profane or slanderous remarks may be removed from the meeting. Unauthorized remarks from the audience, stamping of feet, whistles, yells, clapping, and similar demonstrations will not be permitted. In accordance with the Texas Open Meetings Act, the City Council is restricted from discussing or taking action on items not listed on the agenda. Action can only be taken at a future meeting. ▶ jump to 36:51
  20. E. Consent Agenda ▶ jump to 63:07
  21. 17 All of the following items on the Consent Agenda are considered to be self-explanatory by the Council and will be enacted with one motion. There will be no separate discussion of these items unless a Council Member or citizen so request. For a citizen to request removal of an item, a speaker card or e-comment must be filled out and submitted to the City Secretary. approved* Pass ▶ jump to 63:45
  22. 1. Continued Public Hearing: Consideration of an Ordinance Amending the Zoning Ordinance by Amending Ordinance No. 0428-22-ZON to Rezone Approximately 10.207 Acres Located on the Northeast Corner of Lady Tessala Avenue and Essex Boulevard, Legally Described as 10.207 Acres out of the Amos Singleton Survey, Abstract 1138 From Planned Development Multi-Family 3 (PD-MF3) District to Planned Development Townhouse 2 (PD-TH2) District; to Amend the Planned Development Concept Plan set Forth in Exhibit 5B The Realm Subdistrict Concept Plan Thereto by Amending the Concept Plan For 50.562 Acres Located North of Lady Tessala Avenue, Legally Described as 50.562 Acres out of the Amos Singleton Survey, Abstract 1138 and the Benjamin Schoonover Survey, Abstract 1209, as Requested by Patricia Fant, of McAdams, on Behalf of Eric Stanley, of Breco Lands CH LLC, the Property Owner. (Case No. 24-04-2-PZ) 24-3695 approved* Pass ▶ jump to 32:37
  23. 4. APPROVAL OF MINUTES: City Council Minutes of the August 10, 2024 Called-Special Budget Meeting and the August 19, 2024, Workshop Session, and Regular Session. 24-3686
  24. 5. Approval of Temporary Construction Easement Agreement, License and Mowing Agreement and Acceptance of Donated Irrigation and Landscaping, Between the City of Lewisville and Summit Avenue Owner LLC; and authorization for the City Manager, or Her Designee to Execute the Agreement. 24-3671
  25. 2. Public Hearing: Consideration of an Ordinance Granting a Special Use Permit for Manufacturing, Medium Intensity; on Approximately 5.1578 Acres Legally Described as Lot 3, Block A, Red River Business Park Addition; Located at 900 Arthur’s Lane; Zoned Light Industrial District (LI); as Requested by Angela Hunt, Munsch Hardt Kopf & Harr, on Behalf of Tyler Clements, Multiquip Inc., the Tenant, and Arthur’s Lane Business Park, LLC, the Property Owner. (Case No. 24-08-13-SUP). 24-3680 approved* Pass ▶ jump to 34:32
  26. 6. Approval of an Economic Development Agreement Between the City of Lewisville and TSMA Holdings, LLC; and Authorization for the City Manager, or Her Designee, to Execute the Agreement. 24-3674
  27. 7. Approval of the Second Amendment to Interlocal Agreement Among the City of Lewisville, the Town of Flower Mound and the City of Highland Village; and Authorization for the City Manager, or Her Designee, to Execute the Agreement. 24-3675
  28. 3. Public Hearing: Consideration of an Ordinance Adopting the FY 2024-2025 Operating Budget. 24-3696 approved* Pass ▶ jump to 35:57
  29. 8. Approval of an Agreement Between the City of Lewisville and ALCC, LLC, dba Perfect Finish Landscaping for Pedestrian Bridge Replacements at Echo Park, Fitness Park and Train Park in the Amount of $298,526.00; and Authorization for the City Manager, or Her Designee, to Execute the Agreement. 24-3683
  30. 3. Public Hearing: Consideration of an Ordinance Adopting the FY 2024-2025 Operating Budget. 24-3696 approved* Pass ▶ jump to 36:16
  31. 9. Approval of an Interlocal Cooperation Contract Between the City of Lewisville and the Texas Department of Public Safety (DPS) for the Collection of Outstanding Fines and Other Amounts Pursuant to Section 706 of the Texas Transportation Code and for the Continuation of a Failure to Appear (FTA) Program Which Denies the Renewal of a Driver License to Persons Who Fail to Appear in Court or Fail to Pay a Fine and/or Costs; and Authorization for the City Manager to Execute the Contract. 24-3687
  32. 10. Approval of the Second Amendment to the Agreement Between the City of Lewisville and TBG Partners for Trail Design and Project Management Services for Timber Creek Hike and Bike Trail; Adding $118,250 to the initial Agreement Amount of $431,010, for a Total of $549,260; and Authorization for the City Manager, or Her Designee, to Execute the Agreement. 24-3670
  33. 11. Approval of a Bid Award for Whippoorwill Lift Station Electrical Improvement Project to Felix Construction Company in the Amount of $3,036,984, and Authorization for the City Manager, or Her Designee, to Execute the Agreement. 24-3688
  34. 12. Approval of a License Agreement Between the City of Lewisville and RO Properties and Authorization for the City Manager, or her Designee, to Execute the Agreement. 24-3692
  35. 13. Approval of a Resolution Authorizing the Addition of up to Three Firefighter Positions, Two Police Officer Positions, One Detention Officer Position and One Public Safety Dispatcher Position Over the Authorized Number of Positions in the FY 2024-25 Budget to Alleviate Understaffing Caused by Turnover. 24-3672
  36. 14. Approval of a Resolution Ratifying the Property Tax Increase Reflected in the FY 2024-25 Operating Budget. 24-3697 ▶ jump to 63:56
  37. 15. Approval of a Resolution Authorizing the City Manager to Enter Into an Interlocal Agreement With the Texas Department of Transportation (TxDOT) for Gateway Signage. 24-3569
  38. F. Regular Hearing ▶ jump to 70:27
  39. 16. Consideration of two Alternative Standards Associated With Window and Awning/Canopy Requirements for a Retail Store or Shop on an Approximately 3.29-Acre Lot, Legally Described as Blake C. Bowen Addition, Block A, Lot 2; Located on the North Side of Justin Road (FM 407) Approximately 400 Feet West of North Stemmons Freeway (IH-35E); Zoned Light Industrial (LI) District, as Requested by Samuel Mortimer, the Architect, on Behalf of Lewisville 407 & 35, the Property Owner. (Case No. 24-08-9-AltStd) 24-3620 ▶ jump to 70:21
  40. 17. Consideration of an Ordinance of the City Council of the City of Lewisville, Texas, approving a Negotiated Settlement Between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division Regarding the Company’s 2024 Rate Review Mechanism Filing; Declaring Existing Rates to be Unreasonable; Adopting Tariffs That Reflect Rate Adjustments Consistent with the Negotiated Settlement; Finding the Rates to be Set by the Attached Settlement Tariffs to be Just and Reasonable and in the Public Interest; Approving an Attachment Establishing a Benchmark for Pensions and Retiree Medical Benefits; Requiring the Company to Reimburse ACSC’s Reasonable Rate-making Expenses; Determining that this Ordinance was Passed in Accordance with the Requirements of the Texas Open Meetings Act; Adopting a Savings Clause; Declaring an Effective Date; and Requiring Delivery of this Ordinance to the Company and the ACSC’s Legal Counsel; and Declaring an Emergency. 24-3685 ▶ jump to 71:51
  41. G. Reports ▶ jump to 74:59
  42. 1. City Council and Staff Reports 24-3694 ▶ jump to 75:28
  43. 2. Summary of Series 2024 Bond Sale - GO and Utility Revenue Bonds 24-3681
  44. 3. Quarterly Investment Report from April 1, 2024 to June 30, 2024. 24-3673
  45. H. Return to Workshop Session if Necessary
  46. I. Closed Session ▶ jump to 25:21
  47. 14. Approval of a Resolution Ratifying the Property Tax Increase Reflected in the FY 2024-25 Operating Budget. 24-3697 ▶ jump to 64:11
  48. 39 In Accordance with Texas Government Code, Subchapter D, 1. Section 551.071 (Consultation with Attorney): Legal Issues related to Texas-New Mexico Power Company’s Application for Approval of a System Resiliency Plan filed at the Public Utility Commission of Texas, Docket No. 56954. 2. Section 551.071 (Consultation with Attorney): Legal issues related to the Fair Housing Act (42 USC Section 3601, et seq.) and approved variances to Chapter 3, Animals, Article III, Division 2, Section 3-85, Same-Agricultural Animals, Article V, Section 3-151, Restricted Premises, and Article VI, Section 3-156, Location, Number and Types of Chickens Allowed, at 1292 Marchant Place. 3. Section 551.072 (Real Estate): Property Acquisition 4. Section 551.087 (Economic Development): Deliberation Regarding Economic Development Negotiations. 5. Section 551.074 (PERSONNEL): (a) City Manager Claire Powell (b) City Secretary Thomas Harris III (c) City Attorney Lizbeth Plaster (d) Municipal Court Judge Brian Holman ▶ jump to 25:17
  49. J. Reconvene ▶ jump to 26:06
  50. 14. Approval of a Resolution Ratifying the Property Tax Increase Reflected in the FY 2024-25 Operating Budget. 24-3697 ▶ jump to 64:11
  51. K. Adjournment ▶ jump to 85:24
  52. 16. Consideration of two Alternative Standards Associated With Window and Awning/Canopy Requirements for a Retail Store or Shop on an Approximately 3.29-Acre Lot, Legally Described as Blake C. Bowen Addition, Block A, Lot 2; Located on the North Side of Justin Road (FM 407) Approximately 400 Feet West of North Stemmons Freeway (IH-35E); Zoned Light Industrial (LI) District, as Requested by Samuel Mortimer, the Architect, on Behalf of Lewisville 407 & 35, the Property Owner. (Case No. 24-08-9-AltStd) 24-3620 approved* Pass ▶ jump to 71:35
  53. 17. Consideration of an Ordinance of the City Council of the City of Lewisville, Texas, approving a Negotiated Settlement Between the Atmos Cities Steering Committee (“ACSC”) and Atmos Energy Corp., Mid-Tex Division Regarding the Company’s 2024 Rate Review Mechanism Filing; Declaring Existing Rates to be Unreasonable; Adopting Tariffs That Reflect Rate Adjustments Consistent with the Negotiated Settlement; Finding the Rates to be Set by the Attached Settlement Tariffs to be Just and Reasonable and in the Public Interest; Approving an Attachment Establishing a Benchmark for Pensions and Retiree Medical Benefits; Requiring the Company to Reimburse ACSC’s Reasonable Rate-making Expenses; Determining that this Ordinance was Passed in Accordance with the Requirements of the Texas Open Meetings Act; Adopting a Savings Clause; Declaring an Effective Date; and Requiring Delivery of this Ordinance to the Company and the ACSC’s Legal Counsel; and Declaring an Emergency. 24-3685 approved* Pass ▶ jump to 73:43
  54. G. Reports ▶ jump to 74:59
  55. I. Closed Session ▶ jump to 82:56
  56. 54 In Accordance with Texas Government Code, Subchapter D, 1. Section 551.071 (Consultation with Attorney): Legal Issues related to Texas-New Mexico Power Company’s Application for Approval of a System Resiliency Plan filed at the Public Utility Commission of Texas, Docket No. 56954. 2. Section 551.071 (Consultation with Attorney): Legal issues related to the Fair Housing Act (42 USC Section 3601, et seq.) and approved variances to Chapter 3, Animals, Article III, Division 2, Section 3-85, Same-Agricultural Animals, Article V, Section 3-151, Restricted Premises, and Article VI, Section 3-156, Location, Number and Types of Chickens Allowed, at 1292 Marchant Place. 3. Section 551.072 (Real Estate): Property Acquisition 4. Section 551.087 (Economic Development): Deliberation Regarding Economic Development Negotiations. 5. Section 551.074 (PERSONNEL): (a) City Manager Claire Powell (b) City Secretary Thomas Harris III (c) City Attorney Lizbeth Plaster (d) Municipal Court Judge Brian Holman ▶ jump to 82:54
  57. I. Closed Session ▶ jump to 82:56
  58. J. Reconvene ▶ jump to 84:08