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HomeMy WebLinkAboutCity Council-Agenda Packets-4/4/2023 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, April 4, 2023 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of shade options for The Plaza WS-2 Discussion of the April 4, 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 REGULAR MEETING 7:00 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Martin Richardson, Crown of Life PLEDGE OF ALLEGIANCE: Councilmember George Dodson 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-23-4830 City of Colleyville Page 2 City Council Agenda April 4, 2023 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of April as Child Abuse Prevention Month - Kristen Lockwood, Alliance for Children and Mayor Bobby Lindamood 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23-4831 4a Approval of the minutes of the regular City Council meeting of March 21, 2023 4b Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of various streets as identified in the agreement, and authorizing the City Manager to execute the agreement 5. RESOLUTION(S): READING AND PUBLIC HEARING 5a Resolution R-23-4832 A resolution opposing House Bill 3921 restricting local zoning authority 5b Resolution R-23-4833 A resolution opposing House Bill 2665 restricting local authority to govern short term rentals 5c Resolution R-23-4834 A resolution opposing Senate Bill 1787 restricting local authority to govern lot density and land use 6. CITIZEN COMMENTS 7. REPORTS Planning and Zoning Commission Minutes - February 13, 2023 Planning and Zoning Commission Worksession Minutes - February 27, 2023 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, APRIL 4, 2023 - READING AND PUBLIC HEARING - RESOLUTION R- 23-4835 9. ADJOURNMENT City of Colleyville Page 3 City Council Agenda April 4, 2023 I hereby certify this agenda was posted on City Hall bulletin boards Friday, March 31, 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 BRIEFING Agenda Number WS-1 Agenda Date 4/4/2023 Type Worksession Department City Manager Title Discussion of shade options for The Plaza Explanation The Plaza at City Hall opened in December 2019. Since it's opening, the site has served as a wonderful venue for community events. It has also provided a place for informal meet-ups and passive enjoyment. Over the last few years, requests for additional shade have been shared. To that end, a placeholder budget of $300,000 was included in the Capital Improvement Plan (CIP), with plans to explore options. Staff met with the original architects of The Plaza and the major custom shade company in this region to understand what options are available. This agenda item provides for discussion of those shade options, and the opportunity for the City Council to provide feedback on the preferred course of action. Attachments 1.Plaza Shade Options Shade Options for The Plaza City Council Worksession April 4, 2023 Considerations: •Overall aesthetic / Clean lines •Area to shade – How much? •Permanent vs. Temporary •Real Grass Vs. Turf •How much of a problem is it? Plaza Shade Options Inspiration Images Plaza Shade Options Center Structure: $160-190k Side Structures: $140-160k All Structures: $300-350k 50’ x 5 6 ’14’ x 62’ Next Steps •Consider one of these options or others? •Do nothing? •Program around shade/ weather as much as possible City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Date 4/4/2023Agenda Number WS-2 Type Worksession Department City Secretary Title Discussion of the April 4, 2023, City Council regular agenda items City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 1 Agenda Date 4/4/2023 Type Executive Session Department City Secretary Title 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 Attachments RESOLUTION R-23-4830 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 4, 2023 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 4TH DAY OF APRIL 2023. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 3 Agenda Date 4/4/2023 Type Announcements, Proclamations, and Presentations Department City Secretary Title Proclamation in recognition of April as Child Abuse Prevention Month - Kristen Lockwood, Alliance for Children and Mayor Bobby Lindamood Attachments RESOLUTION R-23-4831 APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 4, 2023 WHEREAS, City Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of March 21, 2023 b. Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of various streets as identified in the agreement and authorizing the City Manager to execute the agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 4TH DAY OF APRIL 2023. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Minutes - Draft City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 21, 2023 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, March 21, 2023, at 5:30 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, George Dodson, and Callie Rigney. ABSENT: Councilmember Chuck Kelley. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, ISM Manager 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 Cyber Security and Disaster Recovery Programs ISM Manager Patrick Stotts presented a high-level overview of the City's current cybersecurity and disaster recovery programs and discussed the objectives of a cybersecurity and disaster recovery plan. Manager Stotts also reviewed the statistical data of the City’s incoming and outgoing data threats. There was general discussion of costs, software, and hardware. WS-2 Review of the FY24 Budget Calendar Finance Director Kyle Lester reviewed the Fiscal Year 2024 budget calendar from planning to implementation. WS-3 Discussion of Sidewalk Connectivity Program Public Works Director Amber Beard provided an update on the FY23 proposed projects for the sidewalk connectivity plan. She stated Montclair Drive, Westcoat Drive, and Herbert Road had been ranked with the highest prioritization for the allotted CIP Funding of $550,000. As Director Beard reviewed each of the prioritized areas, it was noted the Montclair Drive sidewalk estimated cost was $712,000 which exceeded the proposed budget. Following evaluation and discussion, City Council directed staff to reprioritize the Montclair Drive sidewalk to FY24, and move forward with Westcoat Drive and Herbert Road sidewalks and add Hardage Lane to the FY23 priority. City Council Minutes - DRAFT March 21, 2023 City of Colleyville Page 2 WS-4 Discussion of the March 21, 2023, City Council regular agenda items There was no discussion. Mayor Lindamood adjourned the Worksession and called the Executive Session to order at 6:11 p.m. 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 ▪Discuss procedure for awarding Neighborhood Beautification Program grants 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 the Executive Session at 6:54 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:09 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Kathy Wheat, and Councilmembers Brandi Elder, George Bond, George Dodson, and Callie Rigney. ABSENT: Councilmember Chuck Kelley. INVOCATION: Mayor Bobby Lindamood PLEDGE OF ALLEGIANCE: Councilmember George Dodson 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-23-4825 This resolution was not needed. City Council Minutes - DRAFT March 21, 2023 City of Colleyville Page 3 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Lindamood and the City Council made announcements regarding City and community events. Presentation of a donation to the Colleyville Public Library for the 2023 Summer Reading Program from the Robert J. & Helen H. Glaser Family Foundation in the amount of $10,000 - Mayor Lindamood, Library Director Mary Rodne, and Colleyville Public Library Foundation President Denise Light Presentation in recognition of the Robert J. & Helen H. Glaser Family Foundation for 20 years of generous support of the Summer Reading Program – Mayor Lindamood and Library Director Mary Rodne Mayor Lindamood, Library Director Mary Rodne, Colleyville Public Library Foundation President Denise Light, and Directors Kris Lindsay, Karen Parsinen, Ginny Tigue, and Velma Walker accepted and expressed appreciation to the Robert J. and Helen H. Glaser Family Foundation for their continued funding which provides for exciting and engaging summer reading program. Mayor Lindamood and Library Director Mary Rodne presented the Glaser’s with a crystal award in recognition of their 20 years of support to the library. Presentation of the GFOA Certificate of Achievement for Excellence in Financial Reporting - Mayor Lindamood, Finance Director Kyle Lester, and Account Manager Karen Hines Mayor Lindamood recognized Finance Director Kyle Lester and Account Manager Karen Hines, and the finance department staff for receiving the GFOA Certificate of Achievement for Excellence in Financial Reporting. Mayor Lindamood welcomed and recognized Chamber of Commerce President and CEO Chelsea Rose who introduced the Youth Leadership Colleyville participants who attended the meeting. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23-4826 4a Approval of the minutes of the regular City Council meeting of March 7, 2023 4b Approval of the Colleyville Public Library Long-Range Plan 2023-2028 City Council Minutes - DRAFT March 21, 2023 City of Colleyville Page 4 4c Approval of a purchase with Bibliotheca, LLC, for upgraded equipment and software for the Colleyville Public Library’s Automated Materials Handling (AMH) systems, in an amount not to exceed $117,630.96, and authorizing the City Manager to execute the agreement 4d Approval to order a 2024 Spartan Ladder Truck, with expected delivery in 2025, authorizing the City to enter into a Public Property Finance Act Lease Purchase Agreement, with a closing date of March 24, 2023, with First Security Finance, Inc., in an amount not to exceed $2,025,328, to be paid in nine substantially level annual payments of $297,184.53, beginning April 2025, and authorizing the City Manager to execute all transaction documents 4e Approval of a First Amendment to Ground and Tower Lease between the City of Colleyville and Sprint Spectrum L.P. for the telecommunications tower located at 5201 Bransford Road, and authorizing the City Manager to execute the agreement 4f Approval of a Professional Services Agreement with Garver, LLC, in an amount not to exceed $74,996.00, for the design of The Reserve Lift Station Improvements Project, and authorizing the City Manager to execute the agreement 4g Appointing members to the Colleyville Center Advisory Committee and Parks and Recreation Advisory Board Mayor Lindamood read Resolution R-23-4826 in its entirety. Library Director Mary Rodne presented items 4b and 4c. There was general discussion of the long-range plan and the safeguards in place for access to digital content by minors. The City Council also recognized Director Rodne’s 20 years of service to the City. Fire Chief Mark Cantrell presented item 4d and reviewed statistical data regarding the hours of engine run for each vehicle and the number of calls for which each vehicle was dispatched. Assistant City Manager Adrienne Lothery presented item 4e, noting this is a renewal to a lease agreement which expired in 2022. Public Works Director Amber Beard presented item 4f and provided explanations of the equipment and costs associated with the lift station improvements. Mayor Lindamood and the City Council appointed members to two-year terms ending March 2025 for the following: City Council Minutes - DRAFT March 21, 2023 City of Colleyville Page 5 Colleyville Center Advisory Board: Jeremy Tallo and Paul Vigiletti. Parks and Recreation Advisory Board: Place 1 – Julie George, Place 3 – John Hillebrand, Place 5 – Amy Ackerman, Place 7 – Eric Presson. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive North spoke regarding services at the Library. Harold Ledbetter, 6700 Pleasant Run Road, asked staff if the proposed new truck could service a hotel. Chief Cantrell explained if the fire was significant, the truck could not handle it alone, but significant fires are always controlled with the assistance of all surrounding departments. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Dodson made a motion to approve Resolution R-23-4826, seconded by Mayor Pro Tem Wheat. The motion was approved by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Rigney. Absent: 1 – Councilmember Kelley. 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - February 2023 Finance Director Kyle Lester reviewed the February Financial Report noting the City's fourth sales tax collection for FY23, representing sales made in January, showed a solid increase of 4.9% over last January. He reviewed all funds, reporting all are healthy, with the exception of the Hotel Fund. Director Lester noted the fund would have to be closely monitored, as there has been no significant increase in total receipts this year. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-23-2234 Consideration of a Special Use Permit for alcoholic beverage sales for on- premise consumption on Lot 2, Block A, 170 Players Addition, located at 3855 Glade Road, Suite 170, Case ZC23-001 City Council Minutes - DRAFT March 21, 2023 City of Colleyville Page 6 Mayor Lindamood read the caption of Ordinance O-23-2234. Community Development Director Ben Bryner presented this item, a request for an SUP to allow on-premise consumption of alcohol at The Brunch District restaurant. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. Councilmember Bond made a motion to approve Ordinance O-23-2234, seconded by Councilmember Elder. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Rigney. Absent: 1 – Councilmember Kelley. 6b Ordinance O-23-2235 Consideration of a Special Use Permit for a commercial accessory building on Lot 16R2, Block 1, Colleyville Industrial Park, located at 6407 Colleyville Boulevard, Case ZC23-002 Mayor Lindamood read the caption of Ordinance O-23-2235. Community Development Director Ben Bryner presented the SUP request for a new detached cabana and fireplace at Yard Art, a business located on SH26. Director Bryner stated the applicant would add some landscaping, which he believes will include a hedge line and crepe myrtles along SH26, and will remove the deck located in the southwest corner. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. Councilmember Rigney made a motion to approve Ordinance O-23-2235, seconded by Councilmember Dodson. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Rigney. Absent: 1 – Councilmember Kelley. City Council Minutes - DRAFT March 21, 2023 City of Colleyville Page 7 6c Ordinance O-23-2236 Consideration of amendments to Chapter 7 of the Land Development Code clarifying the size and duration of political signs as well as the use of canopies, tents, or flags, specifically amending Section 7-190.H Temporary Business Signs - Political Signs, Case GC23-001 Mayor Lindamood read the caption of Ordinance O-23-2236. Community Development Director Ben Bryner presented the amendments to the Land Development Code for political signs. There was discussion regarding flagpoles at the request of the City Attorney for clarification. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive N, expressed her concern for the need for regulations. Councilmember Dodson made a motion to approve Ordinance O-23-2236 with an amendment to add: (3) flags shall not exceed fifteen (15) square feet in area and no flag pole or other structure upon which a flag is attached shall exceed twenty (20) feet in height above ground level, seconded by Mayor Lindamood. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Rigney. Absent: 1 – Councilmember Kelley. 6d Ordinance O-23-2237 Consideration of amendments to Chapter 9 and Chapter 14 of the Land Development Code clarifying that driveway access to adjacent street right-of-way and street stub-outs is not allowed from lots in an adjacent subdivision, specifically amending Section 9.17 Street Design Criteria and Section 14-135 Driveway Spacing and Design Standards, Case GC23-002 Mayor Lindamood read the caption of Ordinance O-23-2237. Community Development Director Ben Bryner presented this item. Mayor Lindamood opened the public hearing. City Council Minutes - DRAFT March 21, 2023 City of Colleyville Page 8 Harold Ledbetter, 6700 Pleasant Run Road, asked for clarification on the definition of a driveway. City Manager Ducay provided an explanation. Nancy Rogers, 1612 Cherry Lane, spoke in support of the ordinance. There were no others wishing to speak and Mayor Lindamood closed the public hearing. There was discussion regarding access to right-of-way. Councilmember Elder made a motion to approve Ordinance O-23-2237, seconded by Councilmember Rigney. The motion to approve passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Rigney. Absent: 1 – Councilmember Kelley. 6e Ordinance O-23-2238 Consideration of amendments to Chapter 9 of the Land Development Code removing the requirement for automatic fire-sprinkler systems in certain circumstances, specifically amending Section 9.17 Street Design Criteria, Case GC23-003 Mayor Lindamood read the caption of Ordinance O-23-2238. Community Development Director Ben Bryner presented this item, noting the Council directed staff to amend the appropriate City codes removing the requirement for automatic fire sprinkler/suppression systems. In the Land Development Code, there is a specific street design situation, which requires all residences to contain automatic fire-sprinkler systems and the proposed amendment will remove the requirement, making it optional for the property owner. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. Mayor Pro Tem Wheat made a motion to approve Ordinance O-23-2238, seconded by Councilmember Dodson. The motion to approve passed by the following vote: City Council Minutes - DRAFT March 21, 2023 City of Colleyville Page 9 Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Rigney. Absent: 1 – Councilmember Kelley. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-23-4827 Approval of a request for a variance to the provisions of Section 14-135, Driveway Spacing and Design Standards of the Land Development Code, for Tract 4, Abstract 1518, David R. Teeter survey, located at 3900 Jackson Road Mayor Lindamood read Resolution R-23-4827 in its entirety. City Engineer Larry Wright presented this item which is a request for a variance to allow for a driveway on Jackson Road which is too close to an existing adjacent drive. Awad Eskander, representing the applicant, reviewed the plans with City Council and answered questions. There was discussion regarding the flood plain, trying to locate the driveway to another location, and roadway access. Mayor Lindamood opened the public hearing. Deryl Markgraf, 3901 Tumblewood Drive, spoke in opposition to this item with concerns for safety. Andrea Abbott, 3908 Jackson Road, spoke in opposition to this item with concerns for safety, access, and light and noise pollution. Harold Ledbetter, 6700 Pleasant Run Road, spoke in favor of this item. Kathy Hadley, 204 Timberline Drive North, spoke in opposition and discussed the flooding. Nancy Rogers, 1612 Cherry Lane, spoke in opposition to this item. There were no others wishing to speak, Mayor Lindamood closed the public hearing. Councilmember Dodson made a motion to deny Resolution R-23-4827, seconded by Councilmember Rigney. City Council Minutes - DRAFT March 21, 2023 City of Colleyville Page 10 The motion to deny passed by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Rigney. Absent: 1 – Councilmember Kelley. 7b Resolution R-23-4828 Approval of a resolution accepting the annual audit for the Fiscal Year ended September 30, 2022 Mayor Lindamood read Resolution R-23-4828 in its entirety. Finance Director Kyle Lester presented this item, giving a high-level overview of the auditing process and parameters. Director Lester introduced Jennifer Ripka, partner, Weaver and Tidwell, the City’s auditing firm. Ms. Ripka provided information on the firm, the audit team, and the audit process and results. Ms. Ripka stated the City received an unmodified audit opinion (Independent Auditor's Report), which is the most favorable audit opinion an entity can receive. Ms. Ripka noted there were no material weaknesses and no audit adjustments in the financial statement, GASB87 implementation, or the federal awards. Ms. Ripka thanked the City Council and noted their five-year contract concludes with this audit. She stated Karen Hines, Kyle Lester, and their staff are good to work with and do a great job. Councilmember Dodson noted the number of full-time employees, noted in Table 16, has increased by only one, since 2017. He expressed his gratitude to staff for being so efficient and conscientious. Mayor Lindamood and the City Council thanked Ms. Ripka and the Finance Department. Mayor Lindamood opened the public hearing. Harold Ledbetter, 6700 Pleasant Run Road, expressed his appreciation for the work of the finance department. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Pro Tem Wheat made a motion to approve Resolution R-23-4828, seconded by Councilmember Elder. The motion to approve passed by the following vote: City Council Minutes - DRAFT March 21, 2023 City of Colleyville Page 11 Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Wheat, and Councilmembers Elder, Bond, Dodson, and Rigney. Absent: 1 – Councilmember Kelley. 8. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive North, discussed concern for the number of sidewalks, tree removal, roundabout statues, and wildflowers. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, MARCH 21, 2023 - READING AND PUBLIC HEARING - RESOLUTION R- 23-4829 This resolution was no needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 10:11 p.m. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 4TH DAY OF APRIL 2023. Minutes taken and prepared by: Christine Loven, TRMC City Secretary City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 4b Agenda Date 4/4/2023 Number Type Resolution Department Engineering Title Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of various streets as identified in the agreement, and authorizing the City Manager to execute the agreement Explanation Reading and Public Hearing Staff is seeking approval to enter into an Interlocal Agreement (ILA) with Tarrant County for the rehabilitation of Bluebonnet Drive, North Timberline Drive, and South Timberline Drive. The City of Colleyville partners with Tarrant County annually to perform street maintenance work. During Fiscal Year 2022, Tarrant County crews resurfaced almost seven miles of neighborhood streets for the citizens of Colleyville. The Fiscal Year 2023 – 2027 Capital Improvement Program (CIP) includes the Street Maintenance program with the resurfacing of these roadways. With the approval of this ILA, Tarrant County will provide the labor and equipment necessary to rehabilitate the roadways, and the City will be responsible for the costs associated with: removal of excess materials, new materials, construction materials testing, traffic control, flaggers, and disposal fees at an off-site landfill facility for waste materials generated during the project. This work will result in the roads being resurfaced in their current configuration. If approved by City Council, the ILA will be forwarded to Tarrant County for approval at a future Commissioners Court meeting. Financial Impact The funding source for this project is the Capital Project Fund. Recommendation Approve Attachments 1.Interlocal Agreement City of Colleyville Page 2 City Council Agenda Briefing 4b 2.FY23 Tarrant County Quotes 3.Resolution R-22-4768 1 THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT This Interlocal Agreement is between Tarrant County, Texas (“COUNTY”), and the City of Colleyville (“CITY”). WHEREAS, the CITY is requesting the COUNTY’s assistance to: • Rehabilitate and Resurface Bluebonnet Drive located within the City of Colleyville from West Glade Road to Riverwalk Drive (Approximately 2,550 linear feet). • Rehabilitate and Resurface North Timberline Drive located within the City of Colleyville from Bransford Road to South Timberline Drive (Approximately 3,154 linear feet). • Rehabilitate and Resurface South Timberline Drive located within the City of Colleyville from Bransford Road to North Timberline Drive (Approximately 2,682 linear feet). Hereinafter, collectively referred to as the “Project”. WHEREAS, the Interlocal Cooperation Act contained in Chapter 791 of the Texas Government Code provides legal authority for the parties to enter into this Agreement; and WHEREAS, during the performance of the governmental functions and the payment for the performance of those governmental functions under this Agreement, the parties will make the performance and payment from current revenues legally available to that party; and WHEREAS, the Commissioners Court of the COUNTY and the City Council of the CITY each make the following findings: a. This Agreement serves the common interests of both parties; b. This Agreement will benefit the public; c. The division of costs fairly compensates both parties to this Agreement; and 2 d. The CITY and the COUNTY have authorized their representative to sign this Agreement. e. Both parties acknowledge that they are each a “governmental entity” and not a “business entity” as those terms are defined in Tex. Gov’t Code § 2252.908, and therefore, no disclosure of interested parties pursuant to Tex. Gov’t Code Section 2252.908 is required. NOW, THEREFORE, the COUNTY and the CITY agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY The COUNTY will furnish the labor and equipment to assist the CITY in completing the Project: • Bluebonnet Drive: The COUNTY will reclaim, recycle and stabilize the existing roadway materials. The CITY will mill and remove excess materials. The COUNTY will regrade, shape, and prime the roadbed, place two inches of asphalt base, place two inches of asphalt surface, and clean the project jobsite. • North Timberline Drive: The COUNTY will reclaim, recycle and stabilize the existing roadway materials. The CITY will mill and remove excess materials. The COUNTY will regrade, shape, and prime the roadbed, place two inches of asphalt base, place two inches of asphalt surface, and clean the project jobsite. • South Timberline Drive: The COUNTY will reclaim, recycle and stabilize the existing roadway materials. The CITY will mill and remove excess materials. The COUNTY will regrade, shape, and prime the roadbed, place two inches of asphalt base, place two inches of asphalt surface, and clean the project jobsite. 2. CITY RESPONSIBILITY 2.1 The CITY will furnish and pay for the actual cost of the materials, including any delivery or freight cost. The CITY will provide a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the CITY for incidental material cost. 2.2 The CITY will pay for one-half of the COUNTY’s fuel used to construct this Project. The COUNTY will invoice the CITY for the fuel consumed at the conclusion of the Project. 3 2.3 The CITY will be responsible for all traffic control necessary to safely construct this project. This responsibility includes all advance notices, signage, barricades, pilot vehicles, and flagmen necessary to control traffic in and around the construction site. The CITY will be responsible for and provide portable message boards to supplement traffic control as needed. 2.4 The CITY will make all necessary repairs and preparations to the existing roadway prior to the COUNTY starting work. 2.5 The CITY will adjust all utilities, manholes and valve boxes for this Project. 2.6 The CITY will provide the COUNTY with a hydrant meter and all the water necessary for construction of the Project at no cost to the COUNTY. 2.7 The CITY will provide or pay for any engineering, survey, and laboratory testing required for this Project. 2.8 The CITY will furnish a nearby site for dumping all spoils and waste materials generated during construction of this Project. 2.9 The CITY will provide the material to backfill the pavement edges for this project. 2.10 If required, the CITY will be responsible for the design and development of a Storm Water Pollution Prevention Plan (SWPPP). The CITY further agrees to pay for all cost (including sub-contractor materials, labor and equipment) associated with the implementation of the plan. The COUNTY will be responsible for maintenance of the plan during the duration of the Project. Documentation and record keeping of the SWPPP will be the responsibility of the CITY. Compliance with Laws. In providing the services required by this Agreement, City must observe and comply with all applicable federal, state, and local statutes, ordinances, rules, and regulations, including, without limitation, workers’ compensation laws, minimum and maximum salary and wage statutes and regulations, and non-discrimination laws and regulations. City shall be responsible for ensuring its compliance with any laws and regulations applicable to its business, including maintaining any necessary licenses and permits. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this Project. If the CITY has a complaint regarding the construction of the project, the CITY must complain in writing to the COUNTY no later than 30 days of the date of project completion. 4 4. NO WAIVER OF IMMUNITY This Agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This Agreement does not waive CITY rights under a legal theory of sovereign immunity. 5. OPTIONAL SERVICES 5.1 If requested by the CITY, the COUNTY will apply permanent striping coordinated through the Transportation Department. Application of striping by the COUNTY is limited to Project roadways. If the CITY desires permanent striping applied to any roadways or portions of roadways not covered by this Agreement, the CITY will need to enter into a separate agreement with the COUNTY for the provision of those services. 5.2 If requested by the CITY, The CITY will reimburse the COUNTY for actual cost of any overtime hours the CITY requires the COUNTY to provide watering the roadway for dust control after regular work hours. 6. TIME PERIOD FOR COMPLETION The CITY will give the COUNTY notice to proceed at the appropriate time. However, the COUNTY is under no duty to commence construction at any particular time. 7. THIRD PARTY This contract shall not be interpreted to inure to the benefit of a third party not a party to this contract. This contract may not be interpreted to waive any statutory or common law defense, immunity, including governmental and sovereign immunity, or any limitation of liability, responsibility, or damage of any party to this contract, party’s agent, or party’s employee, otherwise provided by law. 5 8. JOINT VENTURE & AGENCY The relationship between the parties to this Agreement does not create a partnership or joint venture between the parties. This Agreement does not appoint any party as agent for the other party. 9. EFFECTIVE DATE This Agreement becomes effective when signed by the last party whose signing makes the Agreement fully executed. 10. TERMINATION This Agreement will automatically terminate on either December 31, 2023 or on the date the project is completed, whichever occurs first. Notwithstanding the foregoing, or any other language to the contrary, either party may terminate this Agreement without cause upon thirty (30) days’ written notice to the other party prior to the intended date of termination. In the event of termination by either party, neither party shall have any further obligations to the other party under this Agreement, except that the CITY remains liable to the COUNTY for any outstanding invoice for materials that the COUNTY provides for the project, if any. 6 TARRANT COUNTY, TEXAS CITY OF COLLEYVILLE _______________________________ ___________________________ Tim O’Hare Jerry Ducay County Judge City Manager Date: ________________________ Date: ______________________ _______________________________ ___________________________ Gary Fickes Amber Beard Commissioner, Precinct 3 Director of Public Works Date: ________________________ Date: ______________________ Attest: ___________________________ APPROVED AS TO FORM* APPROVED AS TO FORM AND LEGALITY ______________________________ ___________________________________ Criminal District Attorney’s Office* City Attorney * By law, the Criminal District Attorney’s Office may only approve contracts for its clients. We reviewed this document as to form from our client’s legal perspective. Other parties may not rely on this approval. Instead those parties should seek contract review from independent counsel. Prepared by: Richard Schiller Tarrant County - Precinct Three Bluebonnet FY-23 Bluebonnet Drive 3/14/2023 (City of Colleyville)J. Stubblefield Limits:W. Glade Road to Riverwalk Drive Existing Conditions: Scope of Work: Project Size:Roadway Length (lf):2,550 lf Stabilization Width (ft) : 23 ft Stab Area :6,517 sy Binder Width (ft): 22 ft Binder Area:6,233 sy Surface Width (ft):21 ft Surface Area:5,950 sy Additional Areas (sy):sy Estimate: Roadway Materials: Sq Yds Rate/SY Cost Estimate Final $ Estimate $ Final Spoils 4" + (33% Swell)6,517 0.15 cy/sy 978 cy -$ Cement Slurry (12")6,517 42 lb/sy 267.20$ $/tn 137 tn tn 36,566.32$ -$ Prime (30/70 AEP)6,517 0.15 gal/sy 2.75$ $/gal 978 gal gal 2,688.13$ -$ Tack Coats 12,183 0.10 gal/sy 2.76$ $/gal 1218 gal gal 3,362.60$ -$ HMAC Binder (2")6,233 0.11 tn/sy 73.83$ $/tn 686 tn tn 50,622.77$ -$ HMAC (2")5,950 0.110 tn/sy 78.83$ $/tn 655 tn tn 51,594.24$ -$ Subtotal 144,834.05$ -$ Misc Cost Fuel Cost Estimate 50%5,250$ 2,625.00$ Overtime (Watering)750.00$ Milling (City Contractor)$21,505.00 -$ Materials + Misc Cost 169,714.05$ 10% Contingency 16,971.41$ Total:$186,685.46 -$ Material cost based on Dec 2022 pricing. Subject to change Construction Time Estimate: 18 days Comments:City will pay for all traffic control cost associated with this project. City will adjust all utilities and manholes/valves for this project. City will provide a nearby disposal area for spoils . City will provide a hydrant meter and all water for this project. Estimated Cost to Mill the project:(4 6,517 SY @ 3.3 $/sy + $ Mob =$21,505.00 Existing alligator cracking and sunken areas. Existing road width varies from 20-22 ft. County will reclaim and stabilize the existing road (12 inches deep) w/ 42 lbs/sy stabilization agent (Cement or Cem-Lime Slurry) The City will remove 4 inches of exposed roadway. Then the county will lay 2 inches of HMAC Ty "B" intermediate course and 2 inches of HMAC Ty"D" surface,backfill edges and clean job site. Prepared by: Richard Schiller Tarrant County - Precinct Three Timberline North (Option 3) FY-23 Timberline North 12/1/2022 (City of Colleyville)J. Stubblefield Limits:Bransford Road to Timberland South Existing Conditions: Scope of Work: Project Size:Roadway Length (lf):3,154 lf Stabilization Width (ft) : 28 ft Stab Area :9,812 sy Binder Width (ft): 28 ft Binder Area:9,812 sy Surface Width (ft):28 ft Surface Area:9,812 sy Additional Areas (sy):sy Estimate: Roadway Materials: Sq Yds Rate/SY Cost Estimate Final $ Estimate $ Final Cement Slurry (12")9,812 42 lb/sy 267.20$ $/tn 206 tn tn 55,059.59$ -$ Prime (30/70 AEP)9,812 0.15 gal/sy 2.75$ $/gal 1472 gal gal 4,047.63$ -$ Tack Coats 19,625 0.10 gal/sy 2.76$ $/gal 1962 gal gal 5,416.47$ -$ HMAC (2")9,812 0.110 tn/sy 78.83$ $/tn 1079 tn tn 85,086.65$ -$ Subtotal 149,610.34$ -$ Misc Cost Fuel Cost Estimate 50%5,550$ 2,775.00$ Overtime (Watering)750.00$ Milling (City Contractor)$19,624.89 -$ Materials + Misc Cost 172,760.23$ 10% Contingency 17,276.02$ Total:$190,036.25 -$ Material cost based on Dec 2022 pricing. Subject to change Construction Time Estimate: 16 days Comments:City will pay for all traffic control cost associated with this project. City will adjust all utilities and manholes/valves for this project. City will provide a nearby disposal area for spoils . City will provide a hydrant meter and all water for this project. Estimated Cost to Mill the project:(4 9,812 SY @ 2. $/sy + $ Mob =$19,624.89 Existing alligator cracking and sunken areas. Existing patches. C&G County will reclaim and stabilize the existing road (12 inches deep) w/ 42 lbs/sy stabilization agent (Cement or Cem-Lime Slurry) The City will remove 2 inches of exposed roadway. Then the county will lay 2 inches of HMAC Ty"D" surface, clean job site. Prepared by: Richard Schiller Tarrant County - Precinct Three Timberline South (Option 3) FY-23 Timberline Drive South 12/1/2022 (City of Colleyville)J. Stubblefield Limits:Timberline drive North to Bransford Existing Conditions: Scope of Work: Project Size:Roadway Length (lf):2,682 lf Stabilization Width (ft) : 28 ft Stab Area :8,344 sy Binder Width (ft): 28 ft Binder Area:8,344 sy Surface Width (ft):28 ft Surface Area:8,344 sy Additional Areas (sy):sy Estimate: Roadway Materials: Sq Yds Rate/SY Cost Estimate Final $ Estimate $ Final Cement Slurry (12")8,344 42 lb/sy 267.20$ $/tn 175 tn tn 46,819.85$ -$ Prime (30/70 AEP)8,344 0.15 gal/sy 2.75$ $/gal 1252 gal gal 3,441.90$ -$ Tack Coats 16,688 0.10 gal/sy 2.76$ $/gal 1669 gal gal 4,605.89$ -$ HMAC (2")8,344 0.110 tn/sy 78.83$ $/tn 918 tn tn 72,353.33$ -$ Subtotal 127,220.97$ -$ Misc Cost Fuel Cost Estimate 50%4,600$ 2,300.00$ Overtime (Watering)750.00$ Milling (City Contractor)$16,688.00 -$ Materials + Misc Cost 146,958.97$ 10% Contingency 14,695.90$ Total:$161,654.86 -$ Material cost based on Dec 2022 pricing. Subject to change. Construction Time Estimate: 13 days Comments:City will pay for all traffic control cost associated with this project. City will adjust all utilities and manholes/valves for this project. City will provide a nearby disposal area for spoils . City will provide a hydrant meter and all water for this project. Estimated Cost to Mill the project:(4 8,344 SY @ 2. $/sy + $ Mob =$16,688.00 Existing alligator cracking and sunken areas. Existing patches. C&G County will reclaim and stabilize the existing road (12 inches deep) w/ 42 lbs/sy stabilization agent (Cement or Cem-Lime Slurry) The City will remove 2 inches of exposed roadway. Then the county will lay 2 inches of HMAC Ty"D" surface, clean job site. RESOLUTION R-22-4768 APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF SEPTEMBER 20, 2022 WHEREAS, City Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by City Council action under Consent Items as follows are hereby adopted: a. Approval of the minutes of the regular City Council meeting of September 6, 2022 b. Adoption of the Fiscal Year 2023 to 2027 Capital Improvement Program (CIP) c. Approval of the fourth and final one-year renewal term for the City's current Janitorial Services Contractor Services Agreement with Oriental Building Services, Inc., in an amount not to exceed $144,975.18, plus a contingency amount of 6,000.00, and authorizing the City Manager to execute the agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 20TH DAY OF SEPTEMBER 2022. Mayor Bobby Lindamood Aye Mayor Pro Tern Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: Chi Christine Loven, TRMC City Secretary CITY OF COLLEYVILLE 4 Bobby Lindamood Mayor City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 5a Agenda Date 4/4/2023 Number Resolution R-23-4832 Type Resolution Department City Council Title A resolution opposing House Bill 3921 restricting local zoning authority Explanation Reading and Public Hearing The 88th regular Texas Legislative Session opened in Austin on January 10, 2023, and will convene through May 29, 2023. In recent sessions, the Legislature has increasingly focused on bills or resolutions which impacted municipalities in some substantial ways. According to the Texas Municipal League (TML), the 2021 session had nearly 7,000 bills or significant resolutions introduced with more than 2,000 directly affecting Texas cities in some substantial way. By the end of the session, over 1,000 bills or resolutions had passed and over 240 of them impacted cities. TML has seen the percentage of city related bills increase from 17 percent 20 years ago to 31 percent in 2021. Over one quarter of the legislature’s work in the past session was directed at cities, and a large percentage of that work was aimed at limiting municipal authority. Colleyville shares TML’s legislative philosophy, which according to their published Proposed Legislative Program (2023-2024), includes the following: •The League will vigorously oppose any legislation that would erode the authority of Texas cities to govern their own local affairs. •Cities bear the primary responsibility for provision of capital infrastructure and for ensuring citizens’ health and safety. Thus, cities must be assured of a predictable and sufficient level of revenue and must resist efforts to diminish their revenue. •The League will oppose the imposition of any state mandates that do not provide for a commensurate level of compensation. The TML Legislative Update can be found at: https://www.tml.org/579/Legislative- Update. House Bill 3921 would negatively impact Colleyville’s ability to zone, protect, direct, and preserve land use within the City. Other legislation which City staff will follow closely will include any that could: City of Colleyville Page 2 City Council Agenda Briefing 5a •Erode municipal authority in any way, impose unfunded mandates, or otherwise be detrimental to cities. •Impose further revenue and/or tax caps of any type. •Erode municipal authority related to development matters, including with respect to the following issues: annexation, eminent domain, zoning, regulatory takings, building codes, and short-term rentals. •Erode the authority of a City to be adequately compensated for the use of its rights-of- way and/or erode municipal authority over the management and control of rights-of- way, including by stated or federal rules or federal legislation. Staff will also encourage the support of any legislation that would enhance the City’s ability to solve local problems and improve the quality of life for Colleyville residents. Financial Impact Unknown Recommendation Approve Attachments 1.Resolution R-23-4832 RESOLUTION R-23-4832 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS OPPOSING HOUSE BILL 3921 RESTRICTING LOCAL ZONING AUTHORITY CURRENTLY FILED IN THE 88TH TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville, as a home rule city that derives its power from the Texas Constitution, possesses the full power of self- government and is the most direct, responsive, and frequent point of contact between an elected governmental body and the citizens it serves; and WHEREAS, the Colleyville City Council’s highest priority is to preserve its ability to govern effectively and efficiently for its citizens, local businesses, and visitors; and WHEREAS, the City Council finds legislative involvement to be a legitimate exercise of its elected duties as the governing body serving those who live, work, visit, and own property within the City of Colleyville; and WHEREAS,it is imperative state legislators fully understand the implications of legislation they act upon and seek the input and advice from local governments on legislative issues which have a direct impact on the local government’s ability to self-govern and serve their citizens efficiently and effectively; and WHEREAS, in order to preserve its ability to govern effectively and efficiently for its citizens, the City Council finds it to be in the public interest to take positions on certain issues that may come before the 88th Texas Legislature in 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby opposes, in its entirety, House Bill 3921 (the “Bill”) filed in the 88th Texas Legislature. Sec. 2. THAT members of the City Council and City staff may work with other cities in the State, the Texas Municipal League, and other appropriate entities to communicate the City’s opposition to the Bill. Sec. 3. THAT the City Manager, and his designees, shall take any necessary action to promote and inform the citizens of Colleyville of the City’s position on the Bill. Resolution R-23-4832 Page 2 of 2 Sec. 4. THAT this Resolution shall take effect immediately upon passage. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 4TH DAY OF APRIL 2023. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 5b Agenda Date 4/4/2023 Number Resolution R-23-4833 Type Resolution Department City Manager Title A resolution opposing House Bill 2665 restricting local authority to govern short term rentals Explanation Reading and Public Hearing The 88th regular Texas Legislative Session opened in Austin on January 10, 2023, and will convene through May 29, 2023. In recent sessions, the Legislature has increasingly focused on bills or resolutions which impacted municipalities in some substantial ways. According to the Texas Municipal League (TML), the 2021 session had nearly 7,000 bills or significant resolutions introduced with more than 2,000 directly affecting Texas cities in some substantial way. By the end of the session, over 1,000 bills or resolutions had passed and over 240 of them impacted cities. TML has seen the percentage of city related bills increase from 17 percent 20 years ago to 31 percent in 2021. Over one quarter of the legislature’s work in the past session was directed at cities, and a large percentage of that work was aimed at limiting municipal authority. Colleyville shares TML’s legislative philosophy, which according to their published Proposed Legislative Program (2023-2024), includes the following: •The League will vigorously oppose any legislation that would erode the authority of Texas cities to govern their own local affairs. •Cities bear the primary responsibility for provision of capital infrastructure and for ensuring citizens’ health and safety. Thus, cities must be assured of a predictable and sufficient level of revenue and must resist efforts to diminish their revenue. •The League will oppose the imposition of any state mandates that do not provide for a commensurate level of compensation. The TML Legislative Update can be found at: https://www.tml.org/579/Legislative- Update. House Bill 2665 would negatively impact cities ability to determine and protect the best interests of its neighborhoods and residents. City of Colleyville Page 2 City Council Agenda Briefing 5b Other legislation which City staff will follow closely will include any that could: •Erode municipal authority in any way, impose unfunded mandates, or otherwise be detrimental to cities. •Impose further revenue and/or tax caps of any type. •Erode municipal authority related to development matters, including with respect to the following issues: annexation, eminent domain, zoning, regulatory takings, building codes, and short-term rentals. •Erode the authority of a City to be adequately compensated for the use of its rights-of- way and/or erode municipal authority over the management and control of rights-of- way, including by stated or federal rules or federal legislation. Staff will also encourage the support of any legislation that would enhance the City’s ability to solve local problems and improve the quality of life for Colleyville residents. Financial Impact Unknown Recommendation Approve Attachments 1.Resolution R-23-4833 RESOLUTION R-23-4833 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS OPPOSING HOUSE BILL 2665 RESTRICTING LOCAL AUTHORITY TO GOVERN SHORT TERM RENTALS CURRENTLY FILED IN THE 88TH TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville, as a home rule city which derives its power from the Texas Constitution, possesses the full power of self-government and is the most direct, responsive, and frequent point of contact between an elected governmental body and the citizens it serves; and WHEREAS, the Colleyville City Council’s (“City Council”) highest priority is to preserve its ability to govern effectively and efficiently for its citizens, local businesses, and visitors; and WHEREAS, the City Council finds legislative involvement to be a legitimate exercise of its elected duties as the governing body serving those who live, work, visit, and own property within the City of Colleyville; and WHEREAS,it is imperative state legislators fully understand the implications of legislation they act upon and seek the input and advice from local governments on legislative issues that have a direct impact on the local government’s ability to self-govern and serve their citizens efficiently and effectively; and WHEREAS, in order to preserve its ability to govern effectively and efficiently for its citizens, the City Council finds it to be in the public interest to take positions on certain issues that may come before the 88th Texas Legislature in 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby opposes, in its entirety, House Bill 2665 (the “Bill”) filed in the 88th Texas Legislature. Sec. 2. THAT members of the City Council and City staff may work with other cities in the State, the Texas Municipal League and other appropriate entities to communicate the City’s opposition to the Bill. Resolution R-23-4833 Page 2 of 2 Sec. 3. THAT the City Manager, and his designees, shall take any necessary action to promote and inform the citizens of Colleyville of the City’s position on the Bill. Sec. 4. THAT this Resolution shall take effect immediately upon passage. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 4TH DAY OF APRIL 2023. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 5c Agenda Date 4/4/2023 Number Resolution R-23-4834 Type Resolution Department City Manager Title A resolution opposing Senate Bill 1787 restricting local authority to govern lot density and land use Explanation Reading and Public Hearing The 88th regular Texas Legislative Session opened in Austin on January 10, 2023, and will convene through May 29, 2023. In recent sessions, the Legislature has increasingly focused on bills or resolutions which impacted municipalities in some substantial ways. According to the Texas Municipal League (TML), the 2021 session had nearly 7,000 bills or significant resolutions introduced with more than 2,000 directly affecting Texas cities in some substantial way. By the end of the session, over 1,000 bills or resolutions had passed and over 240 of them impacted cities. TML has seen the percentage of city related bills increase from 17 percent 20 years ago to 31 percent in 2021. Over one quarter of the legislature’s work in the past session was directed at cities, and a large percentage of that work was aimed at limiting municipal authority. Colleyville shares TML’s legislative philosophy, which according to their published Proposed Legislative Program (2023-2024), includes the following: •The League will vigorously oppose any legislation that would erode the authority of Texas cities to govern their own local affairs. •Cities bear the primary responsibility for provision of capital infrastructure and for ensuring citizens’ health and safety. Thus, cities must be assured of a predictable and sufficient level of revenue and must resist efforts to diminish their revenue. •The League will oppose the imposition of any state mandates that do not provide for a commensurate level of compensation. The TML Legislative Update can be found at: https://www.tml.org/579/Legislative- Update. Senate Bill 1787, just like House Bill 3921 would negatively impact Colleyville’s ability to zone, protect, direct, and preserve land use and density within the City. Other legislation which City staff will follow closely will include any that could: City of Colleyville Page 2 City Council Agenda Briefing 5c •Erode municipal authority in any way, impose unfunded mandates, or otherwise be detrimental to cities. •Impose further revenue and/or tax caps of any type. •Erode municipal authority related to development matters, including with respect to the following issues: annexation, eminent domain, zoning, regulatory takings, building codes, and short-term rentals. •Erode the authority of a City to be adequately compensated for the use of its rights-of- way and/or erode municipal authority over the management and control of rights-of- way, including by stated or federal rules or federal legislation. Staff will also encourage the support of any legislation that would enhance the City’s ability to solve local problems and improve the quality of life for Colleyville residents. Financial Impact Unknown Recommendation Approve Attachments RESOLUTION R-23-4834 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS OPPOSING SENATE BILL 1787 RESTRICTING LOCAL AUTHORITY TO GOVERN LOT DENSITY AND LAND USE CURRENTLY FILED IN THE 88TH TEXAS LEGISLATURE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville, as a home rule city which derives its power from the Texas Constitution, possesses the full power of self-government and is the most direct, responsive and frequent point of contact between an elected governmental body and the citizens it serves; and WHEREAS, the Colleyville City Council’s highest priority is to preserve its ability to govern effectively and efficiently for its citizens, local businesses, and visitors; and WHEREAS, the City Council finds legislative involvement to be a legitimate exercise of its elected duties as the governing body serving those who live, work, visit, and own property within the City of Colleyville; and WHEREAS,it is imperative state legislators fully understand the implications of legislation they act upon and seek the input and advice from local governments on legislative issues that have a direct impact on the local government’s ability to self-govern and serve their citizens efficiently and effectively; and WHEREAS, in order to preserve its ability to govern effectively and efficiently for its citizens, the City Council finds it to be in the public interest to take positions on certain issues that may come before the 88th Texas Legislature in 2023. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby opposes, in its entirety, Senate Bill 1787 (the “Bill”) filed in the 88th Texas Legislature. Sec. 2. THAT members of the City Council and City staff may work with other cities in the State, the Texas Municipal League and other appropriate entities to communicate the City’s opposition to the Bill. Resolution R-23-4834 Page 2 of 2 Sec. 3. THAT the City Manager, and his designees, shall take any necessary action to promote and inform the citizens of Colleyville of the City’s position on the Bill. Sec. 4. THAT this Resolution shall take effect immediately upon passage. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 4TH DAY OF APRIL 2023. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 7 Agenda Date 4/4/2023 Type Report Department City Secretary Title Planning and Zoning Commission Minutes - February 13, 2023 Planning and Zoning Commission Worksession Minutes - February 27, 2023 Attachments 1.Planning and Zoning Commission Minutes - February 13, 2023 2.Planning and Zoning Commission Worksession Minutes - February 27, 2023 City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 13, 2023 Executive Conference Room CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission Meeting was called to order by Chair Bevill on February 13, 2023, at 6:15 p.m. Roll Call Present: David Groves, Mark Alphonso, Sayeda Syed, Tim Raine, Jim Linn, Claudia Bevill, and Scotty Richardson Absent: N/A Staff Present: Ben Bryner, Rob McKeown, Jacquelyn Reyff, and Dakari Hill Also Present: Attorney, Nicole Corr There was general discussion amongst Staff and the Commission regarding items to be presented this evening at the regular meeting. Chair Bevill adjourned the Planning and Zoning Commission Meeting at 6:55 p.m. CALL MEETING TO ORDER CITY COUNCIL CHAMBERS The City of Colleyville Planning and Zoning Commission Meeting was called to order by Chair Bevill on February 13, 2023, at 7:00 p.m. Roll Call Present: David Groves, Mark Alphonso, Sayeda Syed, Tim Raine, Jim Linn, Claudia Bevill, and Scotty Richardson Absent: N/A Staff Present: Ben Bryner, Rob McKeown, Jacquelyn Reyff, and Dakari Hill Also Present: Attorney, Nicole Corr Planning and Zoning Commission Minutes February 13, 2023 City of Colleyville Page 2 1. ELECTION OF OFFICERS 1a Election of Chair of the Planning and Zoning Commission Election of Vice Chair of the Planning and Zoning Commission Commissioner Richardson nominated Commissioner Bevill for Chair. Commissioner Raine seconded the motion. The motion was carried by the following vote: Aye: 6 – Groves, Alphonso, Syed, Raine, Linn, and Richardson Nay: 0 Commissioner Linn nominated Commissioner Groves for Vice Chair. Commissioner Alphonso seconded the motion. The motion was carried by the following vote: Aye: 6 – Alphonso, Syed, Raine, Linn, Bevill, and Richardson Nay: 0 2. APPROVAL OF MINUTES 2a Planning and Zoning Commission Meeting Minutes – January 9, 2023 Planning and Zoning Commission Worksession Minutes – January 23, 2023 Commissioner Groves made a motion to approve the January 9, 2023 Planning and Zoning Commission Meeting Minutes and the January 23, 2023 Planning and Zoning Commission Worksession Minutes. Commissioner Richardson seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Alphonso, Syed, Raine, Linn, Bevill, and Richardson Nay: 0 3. REGULAR AGENDA ITEMS 3a Discussion and action regarding rescheduling March 13, 2023 Planning and Zoning Commission Meeting Commissioner Syed made a motion to reschedule the March 13, 2023 Planning and Zoning Commission Minutes February 13, 2023 City of Colleyville Page 3 Planning and Zoning Commission Meeting to March 20, 2023. Commissioner Alphonso seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Alphonso, Syed, Raine, Linn, Bevill, and Richardson Nay: 0 4. PUBLIC HEARING AGENDA ITMES 4a Consideration of a Special Use Permit for alcoholic beverage sales for on- premises consumption on Lot 2, Block A, 170 Players Addition, located at 3855 Glade Road, Suite 170, Case ZC23-001 Jacquelyn Reyff presented the item and briefed the Commission. The applicant, Kevin Kim, 3964 State Highway 121, Lewisville, TX, came forward and answered questions of the Commission regarding locations in other cities, anticipated hours of operation, and the anticipated opening date. The public hearing was open at 7:14 p.m. With no one wishing to speak, the public hearing was closed at 7:14 p.m. Commissioner Richardson made a motion to approve Case ZC23-001. Commissioner Linn seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Alphonso, Syed, Raine, Linn, Bevill, and Richardson Nay: 0 4b Consideration of a Special Use Permit for a commercial accessory building on Lot 16R2, Block 1, Colleyville Industrial Park, located at 6407 Colleyville Boulevard, Case ZC23-002 Jacquelyn Reyff presented the item and briefed the Commission. An associate of the applicant, Garrett Wallace, 500 Glen Hurst Court, Trophy Club, TX, came forward and answered questions of the Commission regarding the location of the structure and implanting stone columns that match the primary structure. Planning and Zoning Commission Minutes February 13, 2023 City of Colleyville Page 4 The public hearing was open at 7:21 p.m. With no one wishing to speak, the public hearing was closed at 7:21 p.m. Commissioner Groves made a motion to approve Case ZC23-002 with the contingency that the structure have stone columns. Commissioner Syed seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Alphonso, Syed, Raine, Linn, Bevill, and Richardson Nay: 0 4c Consideration of a Special Use Permit for an accessory building to encroach into the rear yard setback on Lot 15, Block H, Brook Meadows Addition, located at 4511 Lakeside Drive, Case ZC23-003 Commissioner Groves recused himself from the case. Jacquelyn Reyff presented the item and briefed the Commission. The applicant, Max Draper, 680 North Carroll Avenue, Colleyville, TX, came forward and answered questions of the Commission regarding the placement of the proposed structure and the feasibility of moving the structure in order to make it compliant with code. The public hearing was open at 7:32 p.m. With no one wishing to speak, the public hearing was closed at 7:32 p.m. Commissioner Syed made a motion to table Case ZC23-003. Commissioner Raine seconded the motion. The motion was carried by the following vote: Aye: 6 – Alphonso, Syed, Raine, Linn, Bevill, and Richardson Nay: 0 4d Consideration of a Zoning Change from PUD-C Planned Unit Development – Commercial to PUD-C Planned Unit Development – Commercial district, specifically for a self-storage facility and retail-commercial pad site, for Lot 14R, Block 1, Colleyville Industrial Park, Lot 1A, Block 1, Kathleen’s Art Café Addition, and Lot 1, Block 1, Tinker Crossing Addition, located at 1801 Industrial Boulevard and 6255 & 6301 Colleyville Boulevard, Case ZC23-004 Planning and Zoning Commission Minutes February 13, 2023 City of Colleyville Page 5 Jacquelyn Reyff presented the item and briefed the Commission. An associate of the applicant, Bill Dahlstrom, 2323 Ross Avenue, Suite 600, Dallas, TX, came forward and expressed to the Commission that the proposed development was for retail on the lot adjacent to State Highway 26 and a three story self-storage building on the lot directly behind it. Mr. Dahlstrom answered questions of the Commission regarding the proposed uses on the lot adjacent to SH26, the number of units for the self-storage building, and the number of stories for the self-storage building. The public hearing was open at 8:12 p.m. Ken Dennis, 6104 Rock Dove Circle, Colleyville, TX, came forward and spoke in opposition to the case. Mr. Dennis expressed concern regarding the potential for decreased property values and the lack of compatibility with the neighborhood. Mary Dede, 1717 Rock Dove Circle, Colleyville, TX, came forward and spoke in opposition to the case. Ms. Dede expressed concern regarding the proposed plan being different than the one the applicant previously had and the lack of compatibility with the neighborhood. Cathy Mielke, 1901 Fountain Pass Drive, Colleyville, TX, came forward and spoke in opposition to the case. Ms. Mielke expressed concern regarding the potential for decreased property values and the need for a masonry fence. Allen Weikel, 1829 Fountain Pass Drive, Colleyville, TX, came forward and spoke in opposition to the case. Mr. Weikel expressed concern regarding the potential for decreased property values and increased traffic. Ed and Cynthia Bittick, 6405 Kingston Drive, Colleyville, TX, came forward and spoke in opposition to the case. Mr. and Mrs. Bittick expressed concern regarding increased traffic, the height of the proposed self-storage facility, and the development being a potential fire hazard. Joseph Ryan, 6300 Brazos Court, Colleyville, TX, came forward and spoke in opposition to the case. Mr. Ryan expressed concern regarding the height of the proposed self-storage facility and increased traffic. With no one wishing to speak, the public hearing was closed at 8:36 p.m. Commissioner Bevill made a statement regarding the applicant needing to address the height of the proposed self-storage facility. Planning and Zoning Commission Minutes February 13, 2023 City of Colleyville Page 6 Commissioner Richardson made a statement regarding the applicant needing to address the height of the proposed self-storage facility, potential traffic issues, and the impact on property values of neighboring homes. Commissioner Linn made a statement regarding the applicant needing to address the quality of the business on the lot adjacent to SH26 and the height of the proposed self-storage facility. Commissioner Groves made a statement regarding the applicant needing to address the uses on the lot adjacent to SH26, the height of the proposed self- storage facility, and the potential access issues. Commissioner Alphonso made a statement regarding the applicant needing to address the concerns of the neighboring residents. Commissioner Syed made a statement regarding the applicant needing to address the concerns of the height of the proposed self-storage facility, potential access issues, and the uses on the lot adjacent to SH26. Commissioner Linn made a motion to table Case ZC23-004. Commissioner Raine seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Alphonso, Syed, Raine, Linn, Bevill, and Richardson Nay: 0 4e Consideration of amendments to Chapter 7 of the Land Development Code clarifying the size and duration of political signs as well as the use of canopies, tents, or flags, specifically amending Section 7-190.H Temporary Business Signs – Political Signs, Case GC23-001 Ben Bryner presented the item and briefed the Commission. The public hearing was open at 8:53 p.m. With no one wishing to speak, the public hearing was closed at 8:53 p.m. Commissioner Syed made a motion to approve Case GC23-001. Commissioner Alphonso seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Alphonso, Syed, Raine, Linn, Bevill, and Richardson Planning and Zoning Commission Minutes February 13, 2023 City of Colleyville Page 7 Nay: 0 4f Consideration of amendments to Chapter 9 and Chapter 14 of the Land Development Code clarifying that driveway access to adjacent street right-of-way and street stub-outs is not allowed from lots in an adjacent subdivision, specifically amending Section 9.17 Street Design Criteria and Section 14-135 Driveway Spacing and Design Standards, Case GC23-002 Ben Bryner presented the item and briefed the Commission. The public hearing was open at 8:58 p.m. With no one wishing to speak, the public hearing was closed at 8:58 p.m. Commissioner Syed made a motion to approve Case GC23-002. Commissioner Groves seconded the motion. The motion was carried by the following vote: Aye: 7 – Groves, Alphonso, Syed, Raine, Linn, Bevill, and Richardson Nay: 0 4g Consideration of amendments to Chapter 9 of the Land Development Code removing the requirement for automatic fire-sprinkler systems in certain circumstances, specifically amending Section 9.17 Street Design Criteria, Case GC23-003 Ben Bryner presented the item and briefed the Commission. Staff answered questions of the Commission regarding the amendment being only for residential properties, the amendment’s compliance with the state, and documentation of the homeowner waiving the requirement. The public hearing was open at 9:12 p.m. With no one wishing to speak, the public hearing was closed at 9:12 p.m. Commissioner Alphonso made a motion to approve Case GC23-003. Commissioner Groves seconded the motion. The motion was carried by the following vote: Aye: 6 – Groves, Alphonso, Raine, Linn, Bevill, and Richardson Nay: 1 – Syed Planning and Zoning Commission Minutes February 13, 2023 City of Colleyville Page 8 3.CITIZEN COMMENTS 4. ADJOURNMENT The meeting adjourned at 9:14 p.m. The minutes were written and prepared by: Dakari Hill Planner The meeting minutes were approved on March 20, 2023 by a vote of 6-0. City of Colleyville Page 1 City of Colleyville Planning and Zoning Commission Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, February 27, 2023 Executive Conference Room CALL MEETING TO ORDER The City of Colleyville Planning and Zoning Commission Worksession Meeting was called to order by Chair Bevill on February 27, 2023, at 6:15 p.m. Roll Call Present: David Groves, Mark Alphonso, Sayeda Syed, Tim Raine, Jim Linn, and Claudia Bevill Absent: Scotty Richardson Staff Present: Ben Bryner, Rob McKeown, Jacquelyn Reyff, and Dakari Hill Also Present: Attorney, Nicole Corr 2.WORKSESSION AGENDA ITMES 2a Presentation and discussion of a Special Use Permit for a Massage Therapy use on a portion of Lot 18, Village at Colleyville Condos, located at 97 Village Lane, Suite 250, Case ZC23-005 Jacquelyn Reyff presented the item and briefed the Commission. Staff answered questions of the Commission regarding the business potentially being in operation, other services offered by the business, and the applicant’s licensing. 3. ADJOURMENT The meeting adjourned at 7:03 p.m. Planning and Zoning Commission Minutes February 27, 2023 City of Colleyville Page 2 The minutes were written and prepared by: Dakari Hill Planner The meeting minutes were approved on March 20, 2023 by a vote of 6-0. RESOLUTION R-23-4835 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 4, 2023 WHEREAS, City Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 4TH DAY OF APRIL 2023. Mayor Bobby Lindamood Aye Mayor Pro Tem Kathy Wheat Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye George Dodson, Place 4 Aye Chuck Kelley, Place 5 Aye Callie Rigney, Place 6 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor