Loading...
HomeMy WebLinkAboutCity Council-Minutes-07/20/2021 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, July 20, 2021 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the drainage fee structure and analysis of the impervious area WS-2 Discussion of Old Grove Pond WS-3 Discussion of the Colleyville Gateways Project and add/alternates of the bid WS-4 Discussion of the July 20, 2021, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by items on the agenda Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including: 62 Main Street LLC, Tap Realty, LLC, vs Neighborhood Management, Inc. ET AL Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including: Acquisition of real property along SH26 Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the Regional Municipal Court Judge and a Municipal Court Prosecutor 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 City Council Agenda July 20, 2021 City of Colleyville Page 2 REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Paul Vigiletti, Good Shepherd Catholic PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4631 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4632 4a Approval of the minutes of the regular City Council meeting of July 6, 2021 4b Approval of the FY2022 fleet replacement schedule 4c Approval of a construction contract with Quick Set Concrete, for the FY2021 Sidewalk Connectivity Project, in an amount not to exceed $383,813.00, which includes a staff recommended contingency of $50,000 if needed, and authorizing the City Manager to execute the contract 4d Approval of rejecting all bids for the Fire Stations Apparatus Bays Project 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - June 2021 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-21-2166 Approval of the Fiscal Year 2022 Colleyville Crime Control and Prevention District budget City Council Agenda July 20, 2021 City of Colleyville Page 3 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-21-2164 Consideration of a zoning change from AG Agricultural district to R-40 Single Family Residential district for Tract 1L, Abstract 1619, S. C. H. Witten Survey, located at 2005 Hall-Johnson Road, Case ZC21-015 7b Ordinance O-21-2165 Request to appeal the decision of the Planning and Zoning Commission regarding the consideration of a zoning change from the R--20 Single Family Residential district and R-40 Single Family Residential district to the RE Single Family 'Estate' Residential district for Lot 3, Block 3, Highland Acres Addition, located at 401 Timberline Drive South, Case ZC21-013 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-21-4633 Approval of a Professional Services Agreement for Interim Regional Municipal Court Judge, and authorizing the Mayor to execute the agreement 8b Resolution R-21-4634 Approval of a Professional Services Agreement for municipal court prosecution services for the City of Colleyville, and authorizing the City Manager to execute the agreement 8c Resolution R-21-4635 Approval of a Construction Services Agreement with C. Green Scaping, LP, for the Colleyville Gateways Project, in an amount not to exceed $7,167,807.86, and authorizing the City Manager to execute the contract 9. TABLED ORDINANCE(S): READING AND PUBLIC HEARING 9a Ordinance O-21-2163 Consideration of a zoning change from PUD-C Planned Unit Development-Commercial zoning district to RE Single-Family 'Estate' Residential zoning district on Lot 1A & 2A, Block 1, Village Court, located at 5217 & 5201 Pleasant Run Road, Case ZC21-010 City Council Agenda July 20, 2021 City of Colleyville Page 4 10. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 10a Resolution R-21-4574 Consideration of a request to abandon a previously dedicated right-of- way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-007 10b Resolution R-21-4575 Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-006 10c Resolution R-21-4626 Consideration of a Replat for Lot 1R, Block 1, Village Court, being Lot A1 & A2, Block 1, Village Court, located at 5217 & 5201 Pleasant Run Road, Case PC21-008 11. CITIZEN COMMENTS 12. REPORTS Parks and Recreation Advisory Board Minutes - March 1, 2021 Parks and Recreation Advisory Board Minutes - May 3, 2021 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JULY 20, 2021 - READING AND PUBLIC HEARING - RESOLUTION R- 21-4636 14. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, July 16, 2021 by 5:00 p.m. Christine Loven, TRMC City Secretary City Council Agenda July 20, 2021 City of Colleyville Page 5 A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, July 20, 2021 Mayor Richard Newton called the Colleyville City Council Worksession to order on Tuesday, July 20, 2021, at 5:30 p.m. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. ABSENT: Mayor Pro Tem Lindamood ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, City Engineer Larry Wright, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of the drainage fee structure and analysis of the impervious area City Engineer Larry Wright provided a brief history of this on-going project and the analysis which has been conducted to date. He then introduced Sol Stigall, Principal with Westra Consultants, who is working with the City to develop a fee structure, based on the analysis the City is conducting. Mr. Stigall quickly reviewed the background and purpose of a drainage fee, and direction previously given by City Council. Mr. Stigall provided an analysis of three options, revenue projections, and reviewed the neighboring cities rates. Councilmember Dodson expressed his concerns regarding equitability based on lot size and run-off. There was general discussion of each option, differences between residential and non-residential/commercial properties, and methodology for developing a rate. City Council directed staff and Mr. Stigall to update the methodology and analysis to include commercial properties under the presented Option 3, which has no tiers and is based on square footage of impervious area for residential. WS-2 Discussion of Old Grove Pond City Manager Jerry Ducay gave a brief update, stating that during the platting process of two new proposed lots north of the existing detention pond in the Old Grove Subdivision, the pond’s capacity was brought into question. The City reached out to the original design engineer, Goodwin and Marshal, Inc., and asked City Council Minutes July 20, 2021 City of Colleyville Page 2 them to provide an analysis of the pond based upon existing conditions. Manager Ducay shared the determination that the existing detention pond capacity cannot detain the 100-year storm as required by the Land Development Code. Manager Ducay stated the design engineer recommends raising the top of berm at or above 639 feet which will allow the pond capacity to contain the 100-year storm. Due to the minor nature of raising the pond berm, the berm, pond stabilization, and beautification can be accomplished by Public Works with a budget not to exceed $40,000. WS-3 Discussion of the Colleyville Gateways Project and add/alternates of the bid Assistant City Manager Adrienne Lothery provided a brief recap of the project and the conditions which led to the Colleyville Gateways Project being released for bid on May 30, 2021, with a new structure and add/alternates. Manager Lothery stated the City received seven sealed bids, which were opened and publicly read aloud on June 29, 2021, and since that time MESA, the City’s design consultant, has analyzed the bid information, and is prepared to assist the Council in selecting the add/alternates which most benefit the project. Manager Lothery noted there is a resolution on this evening’s agenda to award the project. David Newman, Associate Principle, MESA, reviewed the base bid, add/alternates, and provided design comparisons for each gateway. There was general discussion regarding the trees at the northern gateway and trees south of John McCain. The City Council thanked MESA for their work and agreed with the add/alternates recommendations. WS-4 Discussion of the July 20, 2021, City Council regular agenda items Mayor Newton stated the tabled items would remain tabled and noted the applicant for 7a has requested the item be tabled because a super-majority vote is required and Mayor Pro Tem Lindamood is not in attendance. Mayor Newton adjourned the Worksession at 6:32 p.m. and called the Executive Session to order. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley and Callie Rigney. ABSENT: Mayor Pro Tem Lindamood 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 City Council Minutes July 20, 2021 City of Colleyville Page 3 Section 551.071 - Legal - Consultation with attorney regarding contemplated and/or pending litigation, including 62 Main Street LLC, Tap Realty, LLC, vs Neighborhood Management, Inc. ET AL Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities, including Acquisition of real property along SH26 Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the Regional Municipal Court Judge and a Municipal Court Prosecutor Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was no action taken and Mayor Newton adjourned the Executive Session at 7:12 p.m. Mayor Newton called the regular meeting of the City Council to order at 7:30 p.m. and called the roll. ROLL CALL: Mayor Richard Newton, and Councilmembers Tammy Nakamura, Kathy Wheat, George Dodson, Chuck Kelley, and Callie Rigney. ABSENT: Mayor Pro Tem Lindamood INVOCATION: Paul Vigiletti, Good Shepherd Catholic PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-21-4631 This resolution was not needed. City Council Minutes July 20, 2021 City of Colleyville Page 4 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Newton and the Councilmembers made the following announcements: County COVID-19 Spread Concerns Elevated – We have not reported on COVID numbers in several weeks as the data remains well below the threshold of pandemic. However, it is worth noting that numbers have risen slightly. Colleyville has 32 active positive cases; at the peak it was 741. Colleyville still has the highest percentage of population in Tarrant County receiving at least one dose of the vaccine at 62%. It is worth noting that Tarrant County Health changed the community spread level to “high” on their website on Friday. Vaccination Heroes List Includes Colleyville Firefighters – The Hurst vaccination center provided more than 188,000 vaccinations in the fight against COVID-19. The center was staffed with personnel from cities throughout our area. This past week a list of the top respondents was released with Colleyville Fire Department members listed in three of the top eleven slots. Each of these individuals, and the hundreds of volunteers serving alongside, are heroes worthy of our respect and appreciation. Seeing our City team members recognized on this list is yet another example of the exceptionalism of Colleyville and our Fire Department team! • Steven Davidson Colleyville FD 1484 vaccinations • Marshall Judd Colleyville FD. 1178 vaccinations • Caitlin Golightly Colleyville FD 1088 vaccinations Sales Tax Continues Positive Trend – Last week, The Texas Comptroller’s Office has posted the most recent sales tax allocation information for July, representing all receipts from purchases made in May of this year. Our most recent collection came in at 6.6% (2.4% when adjusted for an audit collection) over the same month in FY20, putting our YTD growth at 14.1%. In terms of dollars, this represents a total YTD gain of $748,000 over last year. Through May of this year, the City has received a total of $6,053,775 in sales tax. As mentioned before, this is a full $748,000 more than we’ve received through the same month in FY20. This receipt marks the 14th consecutive month in which Colleyville has posted sales tax gains over the previous year. We thank our residents and business owners and remind everyone to shop Colleyville first! Pickleball Court Construction Now Underway – Construction of pickleball courts at City Park has started! The courts will be located at City Park between baseball field 9 and tennis courts 6, where the old sand volleyball pit was located. Pickleball courts have been requested quite frequently by residents and we are excited construction has begun to bring this new amenity to our residents. Construction is expected to be complete by September. City Council Minutes July 20, 2021 City of Colleyville Page 5 Concerts to Return to City Plaza in August – The City Plaza will begin our fall concert series on August 6 with Zach King Band performing a great mix of rock and pop/blues originals. Zack King has performed with the likes of Bon Jovi, Alabama, Bret Michaels, Tesla, Ronnie Milsap, and many more. This free concert will begin at 7 p.m. Our second concert will feature Empty Pockets, a top 40 - Country Variety Band in the DFW playing your favorites from George Straight, Martina McBride, Sugarland, Clint Black, and many more! This free concert event will be held August 13 from 7 p.m. - 8:30 p.m. Coronavirus Local Fiscal Recovery Funds Funding Update – Last week staff completed our application for funding under the Coronavirus Local Fiscal Recovery Funds program which provided $19.3 billion to support non-entitled units of local government (population under 50,000). This program provides federal dollars as part of the American Rescue Plan Act. The funds are to be distributed through Texas Department of Emergency Management. The state is expected to apply for these funds on August 2nd. If approved Colleyville will receive half the money this year and the second half approximately a year later. The updated reporting indicates that Colleyville will receive two payments of $3,356,384.57 for a total allocation of $6,712,769.14. Gift Cards – Gift cards are appearing at local businesses and the public response has been positive. The program will run through July 31. We are starting to see cards turned-in by local businesses. To date, 978 $35 gift cards have been redeemed ($34,030) and 16 $50 cards ($800). We have received 208 cards from other communities (Hurst – 15; Euless – 17; Bedford – 105; Southlake – 10; Grapevine – 44; and NRH – 17). Please refer any active military families to City Secretary Loven (extension 1133) or Christine Johnson (extension 1111) so they can provide the family with a $50 Colleyville Cares gift card. This card is a special way to show our appreciation for military families and their service. The City will also work in partnership with the Ministerial Alliance in distributing Cares gift cards to families in need. Visit Colleyville.com/SupportBusiness for more information and list of participating businesses. Keep Colleyville Beautiful Event 7/24 – Resident Erika Stickney and her Keep Colleyville Beautiful band of volunteers will be cleaning up the Colleyville Nature Center on July 24 from 8:30 – 10:30 am. All are welcome to join in this effort. Keep Colleyville Beautiful Facebook at: https://www.facebook.com/KeepColleyvilleBeautiful Construction Repairs Underway at Colleyville Center – The Colleyville Center will be closed for the month of July to repair damage resulting from the winter storm in February. The storm caused a water pipe to burst damaging walls and flooring throughout the Center. City Council Minutes July 20, 2021 City of Colleyville Page 6 Mosquitoes Are Back, Cover Up – With Colleyville receiving notice of our first mosquito sample testing positive for West Nile, north of John McCain along Pleasant Run Road, we want to remind residents of the Mosquito Prevention “Ds” DRAIN Standing Water DAWN and DUSK are times to avoid being outside DRESS appropriately by wearing long sleeves and pants when outside DEFEND yourself by using insect repellent with DEET DOOR and window screens should be in good working condition Representative Van Duyne Job Fair Update – Last week Congresswoman Van Duyne and several local mayors, including Mayor Newton, co-hosted the North Texas Job Fair at the Irving Convention Center. Mayor Newton, Councilmember Nakamura, Councilmember Dodson, Councilmember Rigney, and our Colleyville Police Department and Human Resource team were in attendance. The Colleyville Chamber was also represented by multiple businesses. This event was a great success and we thank our Congresswoman for hosting this opportunity to connect employers with those seeking opportunities for employment. This was of great benefit to our businesses - great job Representative Van Duyne! 4. CONSENT: READING AND PUBLIC HEARING- RESOLUTION R-21-4632 4a Approval of the minutes of the regular City Council meeting of July 6, 2021 4b Approval of the FY2022 fleet replacement schedule 4c Approval of a construction contract with Quick Set Concrete, for the FY2021 Sidewalk Connectivity Project, in an amount not to exceed $383,813.00, which includes a staff recommended contingency of $50,000 if needed, and authorizing the City Manager to execute the contract 4d Approval of rejecting all bids for the Fire Stations Apparatus Bays Project Mayor Newton read Resolution R-21-4632 in its entirety. Assistant City Manager Adrienne Lothery presented 4b noting the plan calls for the sale of 13 vehicles and the purchase of 11 vehicles, all of which will be coordinated by Enterprise Fleet Management, who has been contracted by the City to assist with fleet management. Mayor Newton asked Manager Lothery if the program is still working and saving money. Manager Lothery stated the strategy was designed to begin showing the savings in year two and yes, the value is beginning to be realized. In addition, she City Council Minutes July 20, 2021 City of Colleyville Page 7 said City employees always have newer vehicles to drive – less than three years old and the maintenance is clearly lower on newer vehicles. Manager Lothery also agreed with Councilmember Dodson who noted the Enterprise agreement allowed the City to realize a salary saving by not rehiring a position vacated by a retiree. City Engineer Larry Wright presented 4c and reviewed the project which includes constructing a new sidewalk and barrier free ramps at five locations. He noted three of the sites are included as part of the base bid, two of the sites are included as additive alternative bids. Councilmember Dodson expressed concern regarding cost and including Bluebonnet Road as the road will be involved in the Glade Road construction. Engineer Wright advised Bluebonnet Road sidewalk would not be effected by the Glade Road construction since this section of sidewalk is on the north end of Bluebonnet not the area of the Glade Road intersection. He also stated that the Glade Road project would rebuild that section of Bluebonnet side walk adjacent ot the intersection. Councilmember Wheat stated she would like to prioritize the Bandit Trail drainage and sidewalk. Engineer Wright stated that adding Bandit Trail would cost just under $40,000. Following discussion of the Bandit Trail, City Council agreed to include Bandit Trail. Assistant City Manager Mark Wood presented 4d noting the lowest base bid for this project is $160,000 higher than the amount allocated ($200,000), therefore staff is currently exploring alternate options (utilizing BuyBoard vendors, grants, etc.) and is seeking rejection of all bids submitted. Mayor Newton opened and closed the public hearing at 8:07 p.m. as there were no speakers. Councilmember Wheat made a motion to approve Resolution R-21-4632 with the amendment to 4c to include the Alternate Site #1 – Bandit Trail between Ovlerland Trail and Windswept Trail, and to update the resolution language to: in an amount not to exceed $423,522.50, seconded by Councilmember Nakamura. The motion to approve passed by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Pro Tem Lindamood. 5. ITEMS NOT FOR CITY COUNCIL ACTION City Council Minutes July 20, 2021 City of Colleyville Page 8 5a Monthly Financial Report - June 2021 Finance Director Kyle Lester presented the June 2021 Financial Report. He reported through May, the General Fund has collected 91% of budgeted revenue and spent 72% of budgeted expenditures. General Fund cash flow remains stronger than in previous years, led by higher revenue from sales and property taxes. Franchise tax revenue and interest income are the only weaker spots in the revenue profile, due to legislation passed during the last legislative session as well as a weak fixed income market. Director Lester stated the interest income and franchise tax revenue would be accounted for in the FY22 budget, although growth in other revenue has more than offset this loss. Director Lester stated the Fund's surplus of $5.3 million is a little lower than last year. Director Lester stated the City has received $15.5 million in General Fund property tax this year, which exceeds the budget, due to a higher than budgeted collection rate. Colleyville received its eighth collection for the year from May's sales, and it brought in an increase of 2.4% over May of last year, after audit corrections for previous months. The real dollar increase for May was 6.6% without the audit corrections. This puts the total YTD growth at 14.1% over FY20, and makes for a total dollar gain of $748,000. Statewide, Texas cities saw another month of double-digit gains for a total fiscal year increase of almost 10%. DFW cities fared better with an average monthly increase of almost 23%, yielding a total average year-to-date increase of 12%. It also looks as if destination-based economies such as Hurst and Grapevine are beginning to turn around. Director Lester recapped the remaining funds: utility, drainage, hotel, and debt service, which are all healthy. 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-21-2166 Approval of the Fiscal Year 2022 Colleyville Crime Control and Prevention District budget Mayor Newton read the caption of Ordinance O-21-2166. Assistant Police Chief Hillary Wreay reviewed the history of the CCCPD and highlighted updates from previous fiscal years. Chief Wreay noted the FY20 and 21 budgets provided funding for CAD/RMS System Replacement. A consortium of Colleyville, Southlake, and Keller selected a CAD and RMS vendor (CentralSquare) and began implementation in 2021. The departments are on schedule and approximately six months into the implementation and a year out from Go Live. Chief Wreay stated $550,000 was funded in FY21 for implementation; however, Keller received a grant for $338,757 which reduced the actual costs to $124,880, which will be funded over FY21 and FY22. City Council Minutes July 20, 2021 City of Colleyville Page 9 Chief Wreay stated the department has been pursuing national accreditation through CALEA since 2018 and will be undergoing the first compliance review and on-site assessment in the coming weeks/months. The department was re- recognized as an accredited agency in Texas in 2019 and this recognition goes through 2023. The new initiatives for FY22 include mobile field force training, guardian wellness program expansion, safeguard program for detectives, scheduling software subscription, and Justice Center enhancements. Chief Wreay reviewed the FY2022 budget noting the proposed budget continues the ongoing initiatives to include funding of salary and benefits for 13 sworn officers, two part-time Public Service Officer positions, one part-time Accreditation Coordinator, CRIMES software and maintenance, participation in Teen Court, funding all police vehicles, weapons replacement, license plate reader camera annual licensing cost, software maintenance agreements, and continued training in a variety of areas. Councilmember Dodson asked the purpose of the CAD/RMS was. Chief Wreay stated CAD is a computer-aid dispatch system while the RMS is the records management system. Mayor Newton asked Finance Director Kyle Lester if the line item in of $250,000 item is used to offset a $250,000 expenditure for capital out of available cash. Director Lester stated yes. Mayor Newton asked Director Lester to eliminate the $250,000 revenue line item so the true cash amount would be reflected in available cash. Mayor Newton opened and closed the public hearing at 8:34 p.m. as there were no speakers. This was a first reading, therefore, Council did not take action. 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-21-2164 Consideration of a zoning change from AG Agricultural district to R-40 Single Family Residential district for Tract 1L, Abstract 1619, S. C. H. Witten Survey, located at 2005 Hall-Johnson Road, Case ZC21-015 Mayor Newton read the caption of Ordinance O-21-2164. Community Development Director Ben Bryner presented this item which is a request to rezone from the AG Agricultural district to the R-40 Single Family Residential district for one new single-family home, with no new lots proposed. City Council Minutes July 20, 2021 City of Colleyville Page 10 Director Bryner reviewed contours of the property which were requested by Councilmember Dodson at the previous meeting. Mayor Newton stated the adjacent lots to this are similarly zoned and R-40 is the lowest appropriate zoning. Mayor Newton opened and closed the public hearing at 8:38 p.m. as there were no speakers. Councilmember Dodson made a motion to approve Ordinance O-21-2164, seconded by Councilmember Wheat. The motion to approve Ordinance O-21-2164 was approved by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Pro Tem Lindamood. 7b Ordinance O-21-2165 Request to appeal the decision of the Planning and Zoning Commission regarding the consideration of a zoning change from the R--20 Single Family Residential district and R-40 Single Family Residential district to the RE Single Family 'Estate' Residential district for Lot 3, Block 3, Highland Acres Addition, located at 401 Timberline Drive South, Case ZC21-013 Mayor Newton moved item 7b before 6a and explained the applicant has requested this item to be tabled until the full Council is present and voting. Mayor Newton made a motion to table Ordinance O-21-2165, seconded by Councilmember Kelley. The motion to table Ordinance O-21-2165 was approved by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Pro Tem Lindamood. City Council Minutes July 20, 2021 City of Colleyville Page 11 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-21-4633 Approval of a Professional Services Agreement for Interim Regional Municipal Court Judge, and authorizing the Mayor to execute the agreement Mayor Newton read Resolution R-21-4633 in its entirety. Mayor Newton explained the cities of Colleyville and Keller jointly administer and operate a regional municipal court. Both cities appoint a Regional Municipal Court Judge Selection Committee comprised of the Mayor and two councilmembers from each City to employ and evaluate a Municipal Court Judge and such associate judges as may be deemed necessary. Mayor Newton stated both cities have accepted the resignation of Municipal Court Judge Sara Jane del Carmen, effective July 31, 2021. The City Managers and Regional Municipal Court Judge Selection Committees from both cities met and recommended the appointment of an Interim Municipal Court Judge until a permanent judge is selected. Mayor Newton provided resume highlights, accomplishments, and work history of Judge Carol Montgomery, who is being recommended for the Interim Judge position. He also noted both cities will meet later in the week to discuss the process for recruiting and selecting a permanent judge. Mayor Newton opened and closed the public hearing at 8:44 p.m. as there were no speakers. Councilmember Rigney made a motion to approve Resolution R-21-4633, seconded by Councilmember Dodson. The motion to approve Resolution R-21-4633 was approved by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Pro Tem Lindamood. 8b Resolution R-21-4634 Approval of a Professional Services Agreement for municipal court prosecution services for the City of Colleyville, and authorizing the City Manager to execute the agreement Mayor Newton read Resolution R-21-4634 in its entirety. City Council Minutes July 20, 2021 City of Colleyville Page 12 Mayor Newton reiterated the cities of Colleyville and Keller jointly administer and operate a regional municipal court and each City can hire their own prosecutor. At this time, Colleyville wishes to move forward with engaging the City’s current city attorney law firm of Wood Banowsky, PLLC, to provide municipal court prosecution services. Mayor Newton opened and closed the public hearing at 8:47 p.m. as there were no speakers. Councilmember Kelley made a motion to approve Resolution R-21-4634, seconded by Councilmember Dodson. The motion to approve Resolution R-21-4634 was approved by the following vote: Ayes: 6 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, Kelley, and Rigney. Absent: 1 – Mayor Pro Tem Lindamood. 8c Resolution R-21-4635 Approval of a Construction Services Agreement with C. Green Scaping, LP, for the Colleyville Gateways Project, in an amount not to exceed $7,167,807.86, and authorizing the City Manager to execute the contract Mayor Newton read Resolution R-21-4635 in its entirety. Assistant City Manager Adrienne Lothery noted this item was reviewed earlier during the Worksession and is now before Council for action. Manager Lothery recapped the project’s history and noted MESA, the City’s design consultant, had worked with many vendors to design the engineered value with add/alternates bid documents. Manager Lothery stated the City received seven bids, all which were more in line with the projected budget. MESA looked at all the bids and combinations of add/alternates to secure the best value. The recommendation given this evening is for Council to select C. Green Scaping. Manager Lothery stated the not to exceed contract amount of $7,167,807.86 includes $6,528,741.15 for the base bid which includes a $500,000 contingency, $493,776.71 for alternate priorities, and $145,290.00 for the extended warranty and maintenance for years one through three. The consultants’ cost estimate for the base bid was $6,515,792.00, included a $500,000 contingency, and was for construction only. The project includes furnishing and installing site and landscape improvements for the Colleyville Gateways at three locations: City Council Minutes July 20, 2021 City of Colleyville Page 13 South Pastoral Gateway - SH26 at John McCain Main Street Gateway - SH26 at Main Street Creekside Gateway - SH26 near Brown Trail David Newman, Associate Principle, MESA, reviewed the base bid, add/alternates, provided design comparisons for each gateway, and was available to answer questions. There was discussion regarding the type of trees within the gateways and the cost to remove trees and add trees back. Councilmember Wheat stated she feels it is important to include the trees and upgrades to the North Pastoral Gateway and not wait and try to accomplish the improvement after the project is complete. Councilmember Nakamura agreed and stated the funding for the North Pastoral Gateway is provided for in the TIF. This means there is no raising of taxes to pay for the project and at the end of the TIF in 2030, there will still be a balance of $19 million. Councilmember Kelley stated he is in favor of the addition of the trees and upgrades in the Gateway North, but is not in favor of the towers and he will have to vote no on the total project. Mayor Newton stated this project started almost three years ago and the Council has been consistent with the vision and design of the corridor – a project which will outlast the lifespan of this Council. He said we are in our final step and it is my personal belief this is a great value to the City and I support it. Councilmember Dodson asked staff if the monument signs are going to be removed. Manager Lothery stated the plan is to remove them and repurpose them somewhere else in the City. Mayor Newton opened the public hearing at 9:17 p.m. Kathy Hadley, 204 Timberline Drive N, spoke in favor of the towers, but would like a local/state design added to them. She stated having concerns for the trees and wildlife and requested the trees be saved and white crepe myrtles be added. Mrs. Hadley suggested hiring someone locally to maintain the trees and vegetation to cut costs. Mayor Newton stated this project is of great value to Colleyville. We demand high quality and excellence from anyone coming to Colleyville, as a resident, or a business. Everyone knows if you do not meet the high quality standards we have established, we will not approve anything inferior. The city must also always meet City Council Minutes July 20, 2021 City of Colleyville Page 14 the high quality standards that we have set. This holds true of this project. It is a long term investment for the city, and it will continue to pay off. There were no others present wishing to speak and Mayor Newton closed the public hearing at 9:23 p.m. Councilmember Wheat made a motion to approve Resolution R-21-4635, amending the agreement to include the Pastoral Gateway North, for a total project amount not to exceed $8,367,316.86, seconded by Councilmember Nakamura. The motion to approve Resolution R-21-4635 as amended was approved by the following vote: Ayes: 5 – Mayor Newton, Councilmembers Nakamura, Wheat, Dodson, and Rigney. Nays: 1 – Councilmember Kelley. Absent: 1 – Mayor Pro Tem Lindamood. 9. TABLED ORDINANCE(S): READING AND PUBLIC HEARING This ordinance was not removed from the table. 9a Ordinance O-21-2163 Consideration of a zoning change from PUD-C Planned Unit Development-Commercial zoning district to RE Single-Family 'Estate' Residential zoning district on Lot 1A & 2A, Block 1, Village Court, located at 5217 & 5201 Pleasant Run Road, Case ZC21-010 10. TABLED RESOLUTION(S): READING AND PUBLIC HEARING None of the following Resolutions were removed from the table. 10a Resolution R-21-4574 Consideration of a request to abandon a previously dedicated right-of- way (ROW) area on Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case GC20-007 10b Resolution R-21-4575 Consideration of a Replat for Lots 1, 2, and 3X, Block 1, Old Grove Addition, Phase II, being Lots 1 & 2, Block 1, Neidholt Addition and Lot 2X, Block E, Old Grove Addition, located at 103 & 105 John McCain Road and 7189 Cast Iron Forest Trail, Case PC20-006 City Council Minutes July 20, 2021 City of Colleyville Page 15 10c Resolution R-21-4626 Consideration of a Replat for Lot 1R, Block 1, Village Court, being Lot A1 & A2, Block 1, Village Court, located at 5217 & 5201 Pleasant Run Road, Case PC21-008 11. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive N, stated the Parks Maintenance building on Bransford is beautiful and everyone did a very nice job. She remarked she would like to see white crepe myrtles along the northern gateway. Mrs. Hadley also discussed the drainage and zoning concern regarding her neighbor. 12. REPORTS Parks and Recreation Advisory Board Minutes - March 1, 2021 Parks and Recreation Advisory Board Minutes - May 3, 2021 There was no discussion of this item. 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, JULY 20, 2021 - READING AND PUBLIC HEARING - RESOLUTION R- 21-4636 This resolution was not needed. 14. ADJOURNMENT There being no further business before the City Council, Mayor Newton adjourned the meeting without objection by the City Council at 9:43 p.m. APPROVED BY A VOTE OF 5 AYES, 0 NAYS, ON THIS THE 3RD DAY OF AUGUST 2021. Minutes taken and prepared by: Christine Loven, TRMC City Secretary