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HomeMy WebLinkAboutCity Council-Minutes-10/17/2023 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 TUESDAY, OCTOBER 17, 2023 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of a consent agenda WS-2 Discussion of the October 17, 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 Mike Dawson, First United Methodist PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-23-4886 City Council Agenda October 17, 2023 City of Colleyville Page 2 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Proclamation in recognition of Community Planning Month in Colleyville, October 2023 - Mayor Bobby Lindamood and the City Community Development Department - Ben Bryner, Director 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23-4887 4a Approval of the minutes of the regular City Council meeting of September 19, 2023 4b Approval of a janitorial services contract with Oriental Building Services, Inc. in an amount not to exceed $226,503.96, plus a five percent (5%) owner’s contingency amount of $11,325.00, and authorizing the City Manager to execute the agreement 4c Approval of the first amendment to the Construction Services Agreement with Alderink Enterprises, Inc. dba CI Pavement, for the FY2024 Miscellaneous Concrete Repair project, in an amount not to exceed $667,041.29, and authorizing the City Manager to execute the amendment 4d Approval of the second one-year renewal term with Stripe-A-Zone, LLC for the FY2024 Miscellaneous Pavement Marking Contract, in an amount not to exceed $150,000.00, and authorizing the City Manager to execute the agreement 4e Approval of an amendment to the Professional Services Agreement with Freese and Nichols, Inc., amending the design parameters for the Roberts Road Project to separate the project into two bid phases, in an amount not to exceed $34,523.09, and authorize the City Manager to execute the amendment 4f Approval of an amendment to the Professional Services Agreement with MAS Consulting Engineers, amending the design parameters for Water Project 18: Pecan Park Water and Drainage Improvements Project to separate the project into two phases, in an amount not to exceed $35,750.00, and authorize the City Manager to execute the amendment 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - September 2023 City Council Agenda October 17, 2023 City of Colleyville Page 3 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-23-2262 Consideration of a rezoning from AG Agricultural to R-20 Single Family Residential for Tract 2B09B, Abstract 439, CC Doss Survey, located at 5209 Pool Road, Case ZC23-020 6b Ordinance O-23-2263 Consideration of a Special Use Permit to allow a fence for Lot 5, Block 5, Woodbriar Estates Addition, located at 3716 Briarhaven Lane, Case ZC23-021 6c Ordinance O-23-2264 Consideration of a Special Use Permit to allow for a fence for Lot 1, Block 1, Naler Addition, located at 6101 Waller Lane, Case ZC23-022 6d Ordinance O-23-2265 Consideration of a Special Use Permit to allow for a fence for Lot 4, Block C, Legacy North, located at 703 Marie Drive, Case ZC23-023 6e Ordinance O-23-2266 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit to allow for a fence for Lot 1, Block B, Legacy North, located at 812 Sawyer Drive, Case ZC23-024 6f Ordinance O-23-2267 Consideration of a Special Use Permit to allow for a Veterinarian Clinic on Lot 1, Block A, 170 Players Addition, located at 3825 Glade Road, Suite 130, Case ZC23-026 6g Ordinance O-23-2268 Consideration of a Special Use Permit to allow for a fence for Tract 3K & TR 3Y, Abstract 211, BBB & C RY Survey, located at 509 West LD Lockett Road, Case ZC23-027 7. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 7a Consideration of a variance to lot size, lot coverage, and side yard setbacks for lot 27, Community Home Addition, located at 1611 Cherry Lane, Case VC23-004 8. CITIZEN COMMENTS 9. REPORTS Library Board Meeting Minutes - August 14, 2023 Planning and Zoning Commission Meeting Minutes - September 11, 2023 Planning and Zoning Commission Worksession Minutes - September 25, 2023 City Council Agenda October 17, 2023 City of Colleyville Page 4 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, OCTOBER 17, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23-4888 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, October 13, 2023 by 5:00 p.m. Christine Loven, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL MINUTES 100 Main Street, Colleyville, Texas, 76034 TUESDAY, OCTOBER 17, 2023 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, October 17, 2023, at 5:33 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. 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 Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Discussion of a consent agenda City Manager Jerry Ducay gave an introduction to utilizing a full consent agenda and answered questions of the City Council. The ability to move items from the consent agenda and to ask questions regarding an item on the agenda was discussed. The City Manager will prepare procedures to be used when utilizing a consent agenda for further discussion at a future worksession. WS-2 Discussion of the October 17, 2023, City Council regular agenda items There was no discussion of this item. Mayor Lindamood adjourned the Worksession at 6:01 p.m. and called the Executive Session to order. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities City Council Minutes October 17, 2023 City of Colleyville Page 2 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was no action taken and Mayor Lindamood adjourned Executive Session at 6:48 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:01 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, Ben Graves, and Chuck Kelley. INVOCATION: Pastor Mike Dawson, First United Methodist PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-23-4886 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council made announcements regarding City and community events. Proclamation in recognition of Community Planning Month in Colleyville, October 2023 Mayor Bobby Lindamood was joined by Community Development Director Ben Bryner to jointly recognize October as Community Planning Month in Colleyville 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-23- 4887 4a Approval of the minutes of the regular City Council meeting of September 19, 2023 4b Approval of a janitorial services contract with Oriental Building Services, Inc. in an amount not to exceed $226,503.96, plus a five percent (5%) City Council Minutes October 17, 2023 City of Colleyville Page 3 owner’s contingency amount of $11,325.00, and authorizing the City Manager to execute the agreement 4c Approval of the first amendment to the Construction Services Agreement with Alderink Enterprises, Inc. dba CI Pavement, for the FY2024 Miscellaneous Concrete Repair project, in an amount not to exceed $667,041.29, and authorizing the City Manager to execute the amendment 4d Approval of the second one-year renewal term with Stripe-A-Zone, LLC for the FY2024 Miscellaneous Pavement Marking Contract, in an amount not to exceed $150,000.00, and authorizing the City Manager to execute the agreement 4e Approval of an amendment to the Professional Services Agreement with Freese and Nichols, Inc., amending the design parameters for the Roberts Road Project to separate the project into two bid phases, in an amount not to exceed $34,523.09, and authorize the City Manager to execute the amendment 4f Approval of an amendment to the Professional Services Agreement with MAS Consulting Engineers, amending the design parameters for Water Project 18: Pecan Park Water and Drainage Improvements Project to separate the project into two phases, in an amount not to exceed $35,750.00, and authorize the City Manager to execute the amendment Mayor Lindamood read Resolution R-23-4887 in its entirety. Public Works Director Amber Beard presented items 4b through 4f and answered questions of the City Council. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 timberline Drive North, spoke in regarding items 4b and 4d. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Elder made a motion to approve Resolution R-23-4887, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. City Council Minutes October 17, 2023 City of Colleyville Page 4 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - September 2023 Finance Director Kyle Lester presented the September Financial Report, noting sales tax showed a decrease of 7% over last August, and noted through September, the general fund has collected 104% of its budgeted revenues and spent 97% of budgeted expenditures. He then gave an overview of each fund. Mayor Lindamood and the City Council thanked Director Lester for his work and dedication and wished him well in his new endeavors. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-23-2262 Consideration of a rezoning from AG Agricultural to R-20 Single Family Residential for Tract 2B09B, Abstract 439, CC Doss Survey, located at 5209 Pool Road, Case ZC23-020 Mayor Lindamood read the caption of Ordinance O-23-2262. Community Development Director Ben Bryner presented this item to rezone from AG Agricultural to R-20 Single Family Residential, noting the request is to allow for a rebuild of a home on the property. Director Bryner noted the property is designated as residential based on the land use map. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive North, spoke in opposition of the ordinance. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Pro Tem Rigney made a motion to approve Ordinance O-23-2262, seconded by Councilmember Bond. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. 6b Ordinance O-23-2263 Consideration of a Special Use Permit to allow a fence for Lot 5, Block 5, Woodbriar Estates Addition, located at 3716 Briarhaven Lane, Case ZC23-021 City Council Minutes October 17, 2023 City of Colleyville Page 5 Mayor Lindamood read the caption of Ordinance O-23-2263. Community Development Director Ben Bryner presented this item for an SUP to replace an existing fence on the street side of the property with eight foot cedar wood fencing. Matthew Barragan, the applicant was present and asked the Council to consider allowing the fence to be 7’ high, without the taper. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive North, spoke in opposition of the ordinance. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Lindamood made a motion to approve Ordinance O-23-2263, with the amendment the wood fence is required to be a minimum of 7 feet in height and up to 8-feet in height with a motorized iron gate to extend into the street side yard setback, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, and Graves. Nays: 1 – Councilmember Kelley. 6c Ordinance O-23-2264 Consideration of a Special Use Permit to allow for a fence for Lot 1, Block 1, Naler Addition, located at 6101 Waller Lane, Case ZC23-022 Mayor Lindamood read the caption of Ordinance O-23-2264. Community Development Director Ben Bryner presented this item for an SUP to allow for an entire opaque six-foot wood fence. Director Bryner noted the current code allows for only 25 percent of an opaque fence on this property. There was general discussion of the use of wrought iron and live screening and the Planning and Zoning Commission recommendation the fence stops at the carport. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive North, spoke in opposition of the ordinance. City Council Minutes October 17, 2023 City of Colleyville Page 6 There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Graves made a motion to approve Ordinance O-23-2264, with the amendment the wood fence shall extend no further to the west than the west edge of the carport and will encompass the storage shed located on the east side of the property line, seconded by Councilmember Bond. The motion was approved by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, and Graves. Nays: 1 – Councilmember Kelley. 6d Ordinance O-23-2265 Consideration of a Special Use Permit to allow for a fence for Lot 4, Block C, Legacy North, located at 703 Marie Drive, Case ZC23-023 Mayor Lindamood stated the applicant has asked for this item to be tabled to November 8, 2023. Councilmember Elder made a motion to table Ordinance O-23-2265 to November 8, 2023, seconded by Councilmember Richardson. The motion to table passed by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. 6e Ordinance O-23-2266 Request to appeal the decision by the Planning and Zoning Commission for the consideration of a Special Use Permit to allow for a fence for Lot 1, Block B, Legacy North, located at 812 Sawyer Drive, Case ZC23-024 Mayor Lindamood read the caption of Ordinance O-23-2266. Community Development Director Ben Bryner presented this item noting when the request was before the Planning and Zoning Commission it was for an SUP to allow for a fence and patio cover to extend into the street side yard. Since then, the applicant has removed the patio cover and provided updated exhibits for City Council consideration. City Council Minutes October 17, 2023 City of Colleyville Page 7 There was discussion of remanding the item back to the Planning and Zoning Commission for further recommendations. Mayor Lindamood opened the public hearing. Mike Farley, representing Claffey Pools, spoke in favor of the ordinance. Kathy Hadley, 204 Timberline Drive North, spoke in opposition of the ordinance. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Lindamood made a motion to remand Ordinance O-23-2266, to the Planning and Zoning Commission, seconded by Councilmember Kelley. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. 6f Ordinance O-23-2267 Consideration of a Special Use Permit to allow for a Veterinarian Clinic on Lot 1, Block A, 170 Players Addition, located at 3825 Glade Road, Suite 130, Case ZC23-026 Mayor Lindamood read the caption of Ordinance O-23-2267. Community Development Director Ben Bryner presented this item for an SUP to allow for an existing veterinarian clinic to expand to the vacant office next to it. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive North, spoke in favor of the ordinance. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Bond made a motion to approve Ordinance O-23-2267, seconded by Mayor Pro Tem Rigney. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. City Council Minutes October 17, 2023 City of Colleyville Page 8 6g Ordinance O-23-2268 Consideration of a Special Use Permit to allow for a fence for Tract 3K & TR 3Y, Abstract 211, BBB & C RY Survey, located at 509 West LD Lockett Road, Case ZC23-027 Mayor Lindamood recused himself from deliberation of this item, as his company had worked on this property. Mayor Pro Tem Rigney read the caption of Ordinance O-23-2268. Community Development Director Ben Bryner presented this item for an SUP to allow for an opaque cedar fence within the street side yard setback. Mayor Pro Tem Rigney opened the public hearing. Kathy Hadley, 204 Timberline Drive North, spoke in opposition of the ordinance. Cory Watson, homeowner, 509 West LD Lockett Road, clarified his request to extend a portion of existing cedar wood fencing. There were no others wishing to speak and Mayor Pro Tem Rigney closed the public hearing. Councilmember Elder made a motion to approve Ordinance O-23-2268, seconded by Mayor Pro Tem Rigney. The motion was approved by the following vote: Ayes: 5 –Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, and Graves. Nays: 1 – Councilmember Kelley Abstain: 1 – Mayor Lindamood 7. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-23-4883 Consideration of a variance to lot size, lot coverage, and side yard setbacks for lot 27, Community Home Addition, located at 1611 Cherry Lane, Case VC23-004 Councilmember Ben Graves made a motion to remove Resolution R-23- 4883 from the table, seconded by Councilmember Elder. City Council Minutes October 17, 2023 City of Colleyville Page 9 The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. Mayor Lindamood read Resolution R-23-4883 in its entirety. Community Development Director Ben Bryner stated this item was tabled at the October 4, 2023 meeting to provide the applicant time to contract a drainage study. He noted the applicant is not present, but he is aware the applicant has made contact with the engineering department. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Lindamood stated the Council does want a drainage map and study. Councilmember Kelley made a motion to table Resolution R-23-4883 to a date certain of November 8, 2023, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Rigney, and Councilmembers Elder, Bond, Richardson, Graves, and Kelley. 8. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive North, spoke on road markings along Cheek- Sparger Road. 9. REPORTS Library Board Meeting Minutes - August 14, 2023 Planning and Zoning Commission Meeting Minutes - September 11, 2023 Planning and Zoning Commission Worksession Meeting Minutes - September 25, 2023 There was no action taken. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, OCTOBER 17, 2023 - READING AND PUBLIC HEARING - RESOLUTION R-23-4888 This resolution was not needed. City Council Minutes October 17, 2023 City of Colleyville Page 10 11. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 9:01 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 8TH DAY OF NOVEMBER 2023. Minutes taken and prepared by: Christine Loven, TRMC City Secretary