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HomeMy WebLinkAboutCity Council-Agenda Packets-4/16/2024 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 TUESDAY, APRIL 16, 2024 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Parks and Recreation Department Update WS-2 Discussion of the April 16, 2024, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - 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 Church PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-24-4928 City Council Agenda April 16, 2024 City of Colleyville Page 2 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Proclamation in recognition of Arbor Day and Earth Day in Colleyville - Parks and Recreation Director Lisa Escobedo and Mayor Bobby Lindamood 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4929 4a Approval of the minutes of the regular City Council meeting of April 2, 2024 4b Approval of a Construction Services Agreement with FM Utilities, LLC for the Pecan Park Drainage Improvements Project, in an amount not to exceed $613,589.81, a contingency amount not to exceed $106,300.00, a materials testing amount not to exceed $16,525.00, and authorizing the City Manager to execute the Agreement 4c Approval of a Construction Services Agreement with Tellus Consulting, for the Preston Manor Project, in an amount not to exceed $95,886.77, a contingency amount not to exceed $20,000.00, and a materials testing amount not to exceed $5,750.00, and authorizing the City Manager to execute the Agreement 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - March 2024 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-24-2276 Consideration of a Special Use Permit to allow for a fence on Lot 1, Block 1, Vankawala Residence Addition, located at 4910 Behrens Court, Case ZC24-002 6b Ordinance O-24-2277 Consideration of a Special Use Permit to allow for dog grooming on Lot 1RA, Block 1, Kroger Addition, located at 4906 Colleyville Boulevard, Suite 202, Case ZC24-003 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-24-4930 Consideration of a variance to the maximum lot coverage provisions of Ordinance O-19-2075 on Lot 4, Block B, of the Legacy North Addition, being located at 803 Marie Drive, Case VC24-004 7b Resolution R-24-4931 Consideration of a variance to lot size, lot area and lot width, on Lot 15 of the Community Home Addition, located at 5008 Rose Street, Case VC24-005 City Council Agenda April 16, 2024 City of Colleyville Page 3 8. TABLED RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-24-4926 Consideration of a variance to lot size, side yard setback, maximum lot coverage, and maximum impervious coverage on Lot 3, Block 19, of Woodland Hills at Colleyville, located at 3401 Middleton Way, Case VC24-003 9. CITIZEN COMMENTS 10. REPORTS Colleyville Library Board Minutes - December 11, 2023 Planning and Zoning Commission Minutes - March 11, 2024 Planning and Zoning Commission Worksession Minutes - March 25, 2024 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, APRIL 16, 2024 - READING AND PUBLIC HEARING - RESOLUTION R- 24-4932 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, April 12, 2024 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 4/16/2024 Type Worksession Department Parks and Recreation Title Parks and Recreation Department Update Explanation Parks and Recreation Director Lisa Escobedo, will provide a department update. Attachments 1. Parks and Recreation Update 2024 Parks & Recreation Update April 16, 2024 Council Worksession The Team Colleyville Parks & Rec Facts & Figures •Over 270 acres of parkland and public property •14 parks •1 recreation center •1 senior center •7 baseball fields and 4 softball fields •8 batting cages •26 soccer fields •2.5 basketball courts •6 tennis courts •8 pickleball courts •4 sand volleyball courts •9 playgrounds •1 splash pad •20 miles of shared use trails •14 ponds •10 pavilions •11 restrooms •2 concessions Core Services 1.Park and Facility Maintenance 2.Athletic Field Maintenance 3.Youth Sports Association Management 4.Trail System Management 5.Public Property Management 6.Provide Unique & Innovative Recreation Programming for all ages 7.Provide Special Events that promote a sense of community in a safe and fun environment 8.Coordinate and maintain the reservations of park & recreation facilities Parks Maintenance Community Parks Neighborhood Parks Special Purpose Parks Open Space/ Nature Areas City Park (40.13) Kimzey Park (20.45) Pleasant Glade Tract (8.0) Colleyville Nature Center (46.0) Pleasant Run Park (33.47) Sparger Park (8.47) Reagan Park (5.0) Little Bear Creek Floodplain (21.2) McPherson Park (27.5) Woodbriar Park (1.94) L.D. Lockett Park (4.46) Recreation Center Open Space (15 acres) Overland Park (.5) Bransford Park (1.77) McCain Park (.1) Beautification •City Hall & Library •Colleyville Center •Justice Center •Senior Center •(4) Fire Stations •Colleyville Business Center •Public Works Service Center •Recreation Center & Annex •SH26 Medians & Parkways •Main Street Medians •Plaza and South Lot •Church Street Medians •Hall-Johnson / SH26 Median •(3) Corners of Cheek-Sparger / SH26 •(6) Roundabouts •Glade Road Medians •Webb House •Entry Signs Senior Center The Senior Center encourages individuals and groups to connect with one another to create a diverse and fun environment by providing a wide range of health, wellness, enrichment, education, special events, and travel opportunities. •Health and wellness programs include Mind Fit and Matter of Balance •Classes include Yoga, Jazzercise Lo-Impact, and Tai Chi •Lunch and learn programs include a variety of groups providing information from health to assisted living options while providing lunch •Meals on Wheels •Travel opportunities include festivals, museums, Winstar, etc. Recreation Recreation provides youth, adult and athletic programs, creating a safe, fun environment and a sense of community. •Youth programs include dance, martial arts, sports and camps •Adult programs include yoga, zumba, boot camps, tennis, and pickleball •Assist Youth Sports Associations in securing City and GCISD practice and game facilities Special Events •Winter Ball •Bunny Brunch and Bunny Lunch •Texas Junior Anglers •Arbor Day Celebration •Senior Health Fair •Senior Holiday Party Questions? City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number WS-2 Agenda Date 4/16/2024 Type Worksession Department City Secretary Title Discussion of the April 16, 2024, City Council regular agenda items Explanation Attachments City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 1 Agenda Date 4/16/2024 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-24-4928 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 16, 2024 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 16TH DAY OF APRIL 2024. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 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 Agenda Date 4/16/2024 Type Announcements, Proclamations, and Presentations Department City Secretary Title Proclamation in recognition of Arbor Day and Earth Day in Colleyville - Parks and Recreation Director Lisa Escobedo and Mayor Bobby Lindamood Attachments RESOLUTION R-24-4929 APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 16, 2024 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 April 2, 2024 b. Approval of a construction contract with FM Utilities, LLC for the Pecan Park Drainage Improvements Project, in an amount not to exceed $613,589.81, a contingency amount not to exceed $106,300.00, a materials testing amount not to exceed $16,525.00, and authorizing the City Manager to execute the contract c. Approval of a Construction Services Agreement with Tellus Consulting, for the Preston Manor Project, in an amount not to exceed $95,886.77, a contingency amount not to exceed $20,000.00, and a materials testing amount not to exceed $5,750.00, and authorizing the City Manager to execute the Agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ AYES, _ NAYS ON THIS THE 16TH DAY OF APRIL 2024. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL MINUTES 100 Main Street, Colleyville, Texas, 76034 TUESDAY, APRIL 2, 2024 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, April 2, 2024, at 5:30 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Callie Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, and Ben Graves. ABSENT: Councilmember Chuck Kelley. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Director of Finance Matt Poston, Fire Chief Mark Cantrell, Community Development Director Ben Bryner, City Engineer Larry Wright, City Manager’s Office Intern Caleb Cantrell, City Attorney Nicole Corr, and City Secretary Christine Loven. WS-1 Heroes Park 60% Design Update Assistant City Manager Adrienne Lothery provided an overview of the Heroes Park project and timeline and stated Freese and Nichols representatives are present and will review the 60% plans and answer questions. Freese and Nichols Project Manager Shery Cheng reviewed the project updates, timeline, and design development. She reviewed the site plans, and renderings, which included the stage pavilion, tall memorial walls, low seating and heroes rememberance walls, water features, flagpoles, bronze statues, eternal flame sculpture, landscaping, and irrigation. Ms. Cheng also reviewed the cost figures, providing for a fall 2024 and fall 2025 construction and completion date. Architect Gaylen Laing, GHLA, Inc. reviewed the design and elements of the stage pavilion, shade structures, entry portal, and materials. Chris Frison, Senior Project Designer, D/G Studios, Inc. reviewed the art, language, and quotes to be placed on the conflict walls, memorial panels, and quote walls, and history panels. Mayor Lindamood and the City Council expressed their appreciation for the work on this project and noted they are very proud this Heroes Park is moving forward. City Council Minutes April 2, 2024 City of Colleyville Page 2 WS-2 Review of the FY25 Budget Calendar Finance Director Matt Poston reviewed the FY25 Budget Calendar with the City Council. WS-3 Discussion of the April 2, 2024, City Council regular agenda items There was no discussion of this item. Mayor Lindamood adjourned the Worksession at 6:24 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 Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the City Manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was no action taken and Mayor Lindamood adjourned Executive Session at 7:03 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:10 p.m. and called the roll. ROLL CALL: Mayor Bobby Lindamood, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, and Ben Graves. ABSENT: Mayor Pro Tem Callie Rigney and Councilmember Chuck Kelley. INVOCATION: Mayor Bobby Lindamood PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr City Council Minutes April 2, 2024 City of Colleyville Page 3 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-24-4923 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Proclamation in recognition of April Child Abuse Prevention Month - Kristin Lockwood, Alliance for Children and Mayor Bobby Lindamood Mayor Lindamood and Councilmembers made announcements regarding City and community events. Mayor Lindamood was joined by Police Chief Michael Miller to present Kristin Lockwood, Alliance for Children, with a proclamation recognizing April as Child Abuse Prevention Month. Ms. Lockwood thanked Chief Miller for the department’s cooperative work with the Alliance for Children and thanked the Mayor and Council for helping bring awareness to child abuse and the support provided to her organization. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4924 4a Approval of the minutes of the regular City Council meeting of March 19, 2024 Mayor Lindamood read Resolution R-24-4924 in its entirety. There was no discussion and Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. Councilmember Graves made a motion to approve Resolution R-24-4924, seconded by Councilmember Bond. The motion was approved by the following vote: Ayes: 5 – Mayor Bobby Lindamood, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, and Ben Graves. Absent: 2 - Mayor Pro Tem Callie Rigney and Councilmember Chuck Kelley. Mayor Pro Tem Callie Rigney arrived at 7:27 p.m. City Council Minutes April 2, 2024 City of Colleyville Page 4 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-24-2276 Consideration of a Special Use Permit to allow for a fence on Lot 1, Block 1, Vankawala Residence Addition, located at 4910 Behrens Court, Case ZC24-002 Mayor Lindamood read the caption of Ordinance O-24-2276. Community Development Director presented this SUP request to allow a 6-foot wrought iron fence with 7-foot masonry columns to be placed on the property line along Glade Road within the required street side yard setback. The property is located at the intersection of Glade Road and Behrens Court and has R-40 Single Family Residential zoning. Director Bryner noted there is an exception for lots containing a minimum of 40,000 square feet allowing construction of a perimeter fence within the front yard setback. However, the size of this lot is 37,458 square feet in size, just under the threshold to qualify for the exemption. Director Bryner stated the applicant is making the request to add more privacy to their home and to be in line with the fence line along their neighbor’s front yard. The applicant, Rajendra Vankawala, in answer to questions from the City Council, stated if the fence is approved and falls along his irrigation line, he would relocate the irrigation. Mr. Vankawala stated he will not be able to attend the next meeting and was hopeful it would not interfere with the Council’s decision. Mayor Lindamood stated he believed all will be fine and congratulated the Vankawala family who will welcome a grandchild soon. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. This was a first reading and no further action was taken. 5b Ordinance O-24-2277 Consideration of a Special Use Permit to allow for dog grooming on Lot 1RA, Block 1, Kroger Addition, located at 4906 Colleyville Boulevard, Suite 202, Case ZC24-003 Mayor Lindamood read the caption of Ordinance O-24-2277. Community Development Director Ben Bryner presented this SUP request to allow a dog grooming business at 4906 Colleyville Boulevard, Suite 202, which is zoned CC-2 Shopping Center. Director Bryner stated a dog-grooming salon is only allowed in the CC-2 Shopping Center zoning district with the approval of an SUP. The proposed name of the business is “Scenthound” and is a dog health and City Council Minutes April 2, 2024 City of Colleyville Page 5 grooming salon with no veterinary, vacation boarding services, and no pet daycare services. Director Bryner stated the applicant will install soundproof walls, new HVAC ventilation systems, and pet waste stations inside and outside the property and in the adjacent parking areas. According to the statement of planning objectives, the hours of operation of the business will be 8:30 a.m. to 5:30 p.m. Monday-Saturday; closed on Sundays. There was general discussion of the pet waste stations and ventilation. Applicant Ana Hinojosa explained the waste stations, parking, and services offered by the business. He noted in addition to the sound barrier and HVAC, they have considered the safety of the animals when entering or leaving the facility. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. This was a first reading and no further action was taken. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-24-4925 Consideration of a variance to lot size, maximum lot coverage, maximum impervious coverage, and street side yard and rear yard setbacks on Lot 9, Block 2, of the Crossing at Colleyville, located at 5004 Shadowood Road, Case VC24-002 Mayor Lindamood read Resolution R-24-4925 in its entirety. Community Development Director Ben Bryner stated the applicant is requesting a variance to the provisions of Section 3.24.G Schedule of District Regulations of the Land Development Code, for the lot size (area, width, and depth), lot coverage, street side and rear yard setback, and impervious coverage in the R-MF Multi- Family Residential zoning district. He stated the property has RMF zoning and developed with a single-family residence built in 1992. Properties developed for a single-family use in the R-MF zoning district must conform to R-20 Single Family Residential standards. The applicant is requesting all the noted variances to allow for an existing patio cover to be replaced and expanded. Director Bryner stated the existing patio cover is placed in the required street side yard setback at 15 feet, rather than the required 30 feet. The proposed cover would expand the cover to be 8 feet away from the property line, and the cover would be made integral to the home and connect to the existing roofline of the house. The proposed rear setback is 10 feet, rather than the 15 feet allowed for open structures. The patio cover would increase the lot coverage from approximately 30% to 35%. The construction of the patio cover would not increase the lot’s impervious coverage, which is at approximately 75%. City Council Minutes April 2, 2024 City of Colleyville Page 6 There was discussion of the appropriateness of the request as this is not a new build, but rather a repair and property improvement however, there was concern with the side yard setback. Kevin Charnicky, the applicant, advised Council the new patio would not exceed the current 8-foot setback and he provided another rendering of the patio to be constructed. He stated the current patio is deteriorating and too small. Mayor Lindamood asked Mr. Charnicky if he minded the 8-foot setback requirement being written into the resolution as a condition. Mr. Charnicky stated he was happy with the request. Mayor Lindamood opened and closed the public hearing without anyone wishing to speak. Mayor Lindamood made a motion to approve Resolution R-24-4925 with the amendment “and to allow a street side yard setback of 8 feet which is an existing non-conforming setback that shall be maintained”, seconded by Mayor Pro Tem Rigney. The motion with the amendment was approved by the following vote: Ayes: 6 – Mayor Bobby Lindamood, Mayor Pro Tem Rigney, and Councilmembers Brandi Elder, George Bond, Scotty Richardson, and Ben Graves. Absent: 1 - Councilmember Chuck Kelley. 6b Resolution R-24-4926 Consideration of a variance to lot size, side yard setback, maximum lot coverage, and maximum impervious coverage on Lot 3, Block 19, of Woodland Hills at Colleyville, located at 3401 Middleton Way, Case VC24-003 THE APPLICANT HAS REQUESTED TO TABLE THE ITEM TO THE APRIL 16, 2024 CITY COUNCIL MEETING Mayor Lindamood stated the applicant has requested to table this item therefore it will be passed over without any action. 7. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive N, discussed pavement markings on Cheek- Sparger Road and standing water on her personal property. City Council Minutes April 2, 2024 City of Colleyville Page 7 8. REPORTS Planning and Zoning Commission Minutes - February 12, 2024 Planning and Zoning Commission Worksession Minutes - February 26, 2024 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, APRIL 2, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24- 4927 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 8:07 p.m. APPROVED BY A VOTE OF AYES, NAYS, ON THIS THE 16TH DAY OF APRIL 2024. 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 4/16/2024 Number Resolution R-24-4929 Type Resolution Department Engineering Title Approval of a Construction Services Agreement with FM Utilities, LLC for the Pecan Park Drainage Improvements Project, in an amount not to exceed $613,589.81, a contingency amount not to exceed $106,300.00, a materials testing amount not to exceed $16,525.00, and authorizing the City Manager to execute the Agreement Explanation Reading and Public Hearing On September 19, 2023, the City Council approved Resolution R-23-4876, adopting the Capital Improvement Program (CIP) Fiscal Year 2024-2028. The CIP includes $600,000 for Phase I of Water Project 18: Pecan Park. The project consists of the installation of a storm drain system by open cut including components such as concrete flume removal and replacement, high density polyethylene pipe, curb inlets, junction boxes and drop inlets. Roadway and miscellaneous repairs will be to the existing conditions or better. Public notification of the invitation for bids was advertised in the Fort Worth Star- Telegram on February 18, 25, March 3, 10, and 17 2024. The notice to bidders and bid packet were posted on CivCast for free downloading and distributed to the Dodge Lead Center, BlueBook Building and Construction Network, and Construct Connect, which includes ISqFt, CMD, CDC, and Bid Clerk. Additionally, staff directly notified a list of local contractors who may be interested in the bid opportunity. The project had 97 plan holders, of which 35 were general contractors, 25 sub-contractors, 19 suppliers, 4 plan rooms, 6 others, 3 manufacturers, 4 engineers, and 1 government agency. The City received nine responsive sealed bids, which were opened and publicly read aloud on March 19, 2024. Financial Impact The funding source for this project is the drainage fund. Form 1295 - Acknowledged by City Recommendation Approve City of Colleyville Page 2 City Council Agenda Briefing 4b 1.Construction Services Agreement 2.MAS Recommendation of Award 3.Pecan Park Bid Tabulation 4.Form 1295 5.Material Testing Quote Attachments _______________________________________________________________________________ 1 Construction Services Agreement with FM Utilities LLC (Bid#ENG-2024-009) CONSTRUCTION SERVICES AGREEMENT PECAN PARK DRAINAGE IMPROVEMENTS PHASE 1 (Bid #ENG-2024-009) This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made as of the Effective Date by and between FM Utilities LLC, a Texas Limited Liability Company, hereinafter called "Contractor", and the City of Colleyville, Texas, hereinafter called "City". RECITALS WHEREAS, City desires Contractor to perform certain work and services set forth in Section 1, below; and WHEREAS, Contractor has expressed a willingness to perform said work and services, hereinafter referred to only as "services", specified in the Contract Documents and Section 1 of this Agreement. NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other herein, City and Contractor agree as follows: Section 1. Scope of Services Upon issuance of a written notice to proceed by City, Contractor agrees to provide to City the necessary services, labor, materials, equipment, and supplies to perform the Pecan Park Drainage Improvements Phase 1 (the “Project”), such services being more fully described herein and pursuant to the plans and specifications identified in the Contract Documents (defined below). Section 2. Term of Agreement The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and shall continue until Contractor completes the services required herein to the satisfaction of City and has been paid in full by City, unless sooner terminated in conformance with this Agreement. Section 3. Contract Documents (a) This Agreement is a part of the “Contract Documents”, which include: (1) This Agreement, including all exhibits and addenda hereto; (2) City’s plans, specifications, and all other contract documents for the Project contained in City’s Bid #ENG-2024-009; (3) City’s written notice(s) to proceed to the Contractor; (4) Properly authorized change orders; (5) Contractor’s Bid Proposal (“Proposal” and/or “Response”); and (6) Any other materials distributed by the City that relate to the Project. In the event there exists a conflict between any term, provision, and/or interpretation of the Contract Documents, the documents shall take precedent and control in the order listed above in this section (which shall supersede any conflicting provision concerning priority of contract documents contained in the Bid Packet). If discrepancies are found that may impact Contractor’s performance of the services for the Project, it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the Project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the Project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the Project. _______________________________________________________________________________ 2 Construction Services Agreement with FM Utilities LLC (Bid#ENG-2024-009) Section 4. Contractor Obligations (a) Performance of Services. To the extent reasonably necessary for Contractor to perform the services under this Agreement, Contractor shall be authorized to engage the services of any agents, assistants, persons, or corporations that Contractor may deem proper to aid or assist in the performance of the services under this Agreement with the prior written approval of City. The cost of such personnel and assistance shall be a reimbursable expense to Contractor only if authorized in writing in advance by City. Unless otherwise agreed, Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the Project. (b) Quality Materials. Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all materials, construction, installation and other services furnished by Contractor under this Agreement. Unless otherwise specified in writing by City, all materials shall be new and both workmanship and materials shall be of a good quality. Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in the Contract Documents that, so applied, have well known, technical or trade meaning shall be held to refer to such recognized standards. Contractor shall, without additional compensation, correct or revise any errors or deficiencies in the installation and construction of the Project components to conform as shown in the Project drawings and specifications. (c) Additional Services. All minor details of the work not specifically mentioned in the Contract Documents but obviously necessary for the proper completion of the work, such as the proper connection of new work to old, shall be considered as incidental to and a part of the work for which the prices are set forth in this Agreement. Contractor will not be entitled to any additional compensation therefor unless specifically stated otherwise. Should City require additional services not included under this Agreement, Contractor shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. The terms "extra work" and “additional services” as used in this Agreement shall be understood to mean and include all work that may be required by City to be done by Contractor to accomplish any alteration or addition to the work as shown on the Project plans and drawings. It is agreed that Contractor shall perform all extra work under the direction of the City's representative when presented with a written work/change order signed by the City’s representative, subject, however, to the right of Contractor to require written confirmation of such extra work order by City. No claims for extra services, additional services or changes in the services whatsoever, including any change in pricing or time for performance related to the services will be made by Contractor without first obtaining the City’s written agreement and approval of a work/change order reflecting the same. (d) Independent Contractor. It is understood and agreed by and between the parties that Contractor, while performing under this Agreement, is acting independently, and that City assumes no responsibility or liabilities to any third party in connection with Contractor’s acts or omissions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. There is no intended third-party beneficiary to this Agreement. (e) Inspection of Records. Contractor grants City and its designees the right to audit, examine, or inspect, at City’s election, all of Contractor's Records relating to the performance of services under this Agreement, during the term of the Agreement and any retention period herein. City’s audit, examination, or inspection of Contractor’s Records may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Contractor agrees to retain Contractor’s Records for _______________________________________________________________________________ 3 Construction Services Agreement with FM Utilities LLC (Bid#ENG-2024-009) a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under the contract; then, such retention period shall extend until final resolution of the dispute. "Contractor's Records" shall include any and all information, materials and data of every kind and character generated as a result of the services under this Agreement. City agrees that it will exercise its right to audit, examine or inspect Contractor’s Records only during regular business hours unless City has provided advance written notice of an alternate time. Contractor agrees to allow City and its designees access to all of Contractor's Records, Contractor's facilities and the current or former employees of Contractor, deemed necessary by City or its designee(s), to perform such audit, inspection, or examination. (f) Certification of No Conflicts. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing. (g) No Waiver of City’s Rights. Neither City’s review, approval or acceptance of, nor payment for any of the materials or services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and Contractor shall be and remain liable to City in accordance with applicable law for all damages to City caused by Contractor’s negligent performance of any of the services furnished under this Agreement. (h) Rights-of-Access. City will endeavor to provide such rights of access on any project site as may be reasonably necessary for Contractor to perform any required preliminary site studies, surveys, tests, or other necessary investigations prior to mobilization for the Project. Contractor will take all necessary and reasonable precautions to minimize damage to all personal and real property in the performance of such surveys, tests, studies and investigations. (i) Storm Water Management. When performing or delivering services at or upon any property owned, leased, or managed by the City, or in performance of any services or other acts on behalf of, or at the direction of the City (regardless of location), Contractor shall at all times comply with (i) the City’s Storm Water Management and Discharge Control provisions codified in Chapter 42 of the Colleyville Municipal Code, as amended, (ii) all applicable Minimum Best Management Practice requirements, as defined by the Texas Commission on Environmental Quality, and (iii) any Storm Water Pollution Prevention Plan (SWPPP) applicable to the worksite. Regardless of the applicability of the foregoing regulations, CONTRACTOR SHALL AT ALL TIMES BE RESPONSIBLE FOR IMPLEMENTING SUCH CONTROLS AS MAY BE REASONABLY NECESSARY TO MINIMIZE ANY NEGATIVE IMPACT TO THE STORM WATER COLLECTION SYSTEM OR ENVIRONMENT AND SHALL FOLLOW ALL STATE AND LOCAL ILLICIT DISCHARGE REPORTING PROCEDURES IN THE EVENT OF AN OCCURRENCE OR DISCHARGE. (j) Compliance with Laws. Contractor shall comply with all laws, ordinances, rules, policies, orders, directives, and other regulations governing Contractor’s performance of this Agreement. Section 5. Payment (a) Compensation. City agrees to pay Contractor for all services authorized in writing and properly performed by Contractor in a total amount not to exceed SEVEN HUNDRED AND NINETEEN THOUSAND, EIGHT HUNDRED AND EIGHTY-NINE DOLLARS AND EIGHTY-ONE CENTS ($719,899.49) (“Contract Price”), subject to additions or deletions for change orders and/or extra work agreed upon in writing. (b) Method of Payment. Unless otherwise agreed by the parties in writing, payment to Contractor shall be monthly based on a monthly progress report and detailed monthly itemized statement _______________________________________________________________________________ 4 Construction Services Agreement with FM Utilities LLC (Bid#ENG-2024-009) for services submitted by Contractor that shows the names of the Contractor’s employees, agents, or subcontactors performing the services, the time worked, the actual services performed, and the rates charged for such services, in a form acceptable to City. City shall pay such monthly statements within thirty (30) days after receipt of a completed submission and City’s verification of the services performed. (c) Schedule of Values and Application for Payment. City may deduct from any amounts due or to become due to Contractor any sum or sums owing by Contractor to City. In the event of any breach by Contractor of any provision or obligation of this Agreement, or in the event of the assertion by any third-party of a claim or lien against City, or the City’s premises, arising out of Contractor’s performance under this Agreement, City shall have the right to retain out of any payments due or to become due to Contractor an amount sufficient to completely protect the City from any and all loss, damage or expense therefrom, until the breach, claim, or lien has been satisfactorily remedied by Contractor. Additionally, City may, on account of subsequently discovered evidence, withhold the whole or part of any payment to such extent as may be necessary to protect itself from loss on account of: (1) defective work not remedied; (2) claims filed or reasonable evidence indicating possible filing of claims; (3) failure of Contractor to make payments promptly to subcontractors or for material or labor which City may pay as an agent for the Contractor; or (4) damages to another contractor or subcontractor. When the above grounds are removed, or Contractor provides a letter of credit, or similar guaranty satisfactory to City (to be determined in City’s sole discretion) which will protect City in the amount withheld because of said grounds, City will release the amounts withheld. Section 6. Performance Schedule (a) Time for Performance. Contractor shall perform all services as provided for under this Agreement in a proper, efficient, timely, and professional manner in accordance with City’s requirements. The time for performance under this Agreement is one hundred eighty (180) calendar days. Accordingly, Contractor shall complete all work related to the Project on or before one hundred eighty (180) calendar days following the date of City’s written notice to proceed to Contractor. (b) Extensions; Written Request Required. No allowance of any extension of time, for any cause whatever (including an event of Force Majeure), shall be claimed by or granted to Contractor, unless (i) Contractor shall have made written request to City for such extension within forty-eight (48) hours after the cause for such extension occurred, and (ii) City and Contractor have agreed in writing that such additional time shall be granted. As used in this section, the term “Force Majeure” shall mean that Contractor’s performance of the services under this Agreement is prevented or delayed, in whole or in part, to such an extent that Contractor would not be able to complete the services (or any partial component thereof) within the time for performance set forth herein by reason of or through work strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, court judgment, act of God, pandemic, or other specific cause reasonably beyond Contractor’s control and not attributable to its malfeasance, neglect or nonfeasance. Should Contractor timely request an extension of time due to an event of force majeure under this section, City and Contractor may agree in writing to suspended Contractor’s performance until such disability to perform (other than a payment obligation) is removed; provided, that Contractor shall use commercially reasonable efforts to remove any such causes and resume performance of the services under this Agreement as soon as reasonably practicable. (c) Costs of Delay. Contractor understands and agrees that time is of the essence of this contract, and that for each day of delay beyond the number of calendar days agreed upon for the completion _______________________________________________________________________________ 5 Construction Services Agreement with FM Utilities LLC (Bid#ENG-2024-009) of the work herein specified and contracted for (after due allowance for such extension of time as may otherwise be provided for extension of time herein), the Owner may withhold permanently from the Contract Price an amount equal to $2,500.00 per day, which the parties agree represents a reasonable estimation of the actual costs that would be incurred by the City in the event of such delay. In the event Contractor's performance under this Agreement is delayed or interfered with, regardless of reason, Contractor shall not be entitled to any increase in fee or price, or to damages or additional compensation as a consequence of such delays. Section 7. Ownership of Project; Bill of Sale; No Liens (a) Title of Ownership. Contractor warrants that title to all services, including all equipment and materials incorporated into the Project, will pass to City no later than the time of final payment. Contractor further warrants that upon payment by City, all services for which payments have been received from City shall be free and clear of liens, claims, security interests or other encumbrances in favor of Contractor or any other person or entity whatsoever. (b) Assignment; Bill of Sale. Contractor agrees, no later than the time of completion of the Project, to assign to City all manufacturer’s warranties relating to equipment, materials and labor used in the Project and further agrees it will at all times perform the services in a manner that will, to the greatest extent possible, preserve all manufacturer’s warranties. If necessary as a matter of law, Contractor may retain the right to enforce directly any such manufacturers’ warranties during the one year period following the date of acceptance of the Project by City; provided, that City’s rights related to the same shall not be subordinate to Contractor’s enforcement rights. CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND SAVE CITY HARMLESS FROM ALL CLAIMS RELATED TO ANY DEMANDS OF SUBCONTRACTORS, LABORERS, WORKMEN, MECHANICS, MATERIALMEN, AND SUPPLIERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS, ALL SUPPLIES ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT. CONTRACTOR SHALL FURNISH SATISFACTORY EVIDENCE THAT ALL OBLIGATIONS DESCRIBED HEREIN HAVE BEEN PAID, DISCHARGED OR WAIVED UPON CITY’S WRITTEN REQUEST. Section 8. Default; Termination; Abandonment (a) Default; Notice to Cure. A party shall be deemed in default under this Agreement if the party is in breach of a material provision of this Agreement and said breach is not cured within ten (10) days written notice of default by the other party. In the event the breaching party has notified the other party in writing that it is diligently working to cure the breach and has provided reasonable evidence in support of the same, the breaching party shall not be deemed in default until the thirtieth (30th) day following the non-breaching party’s notice of default. (b) Default by Contractor. In addition to default under Section 7(a) above, Should Contractor fail to comply with any term or condition this Agreement applicable to Contractor, or become disabled and unable to comply with any provisions of this Agreement related to the quality or character of the services or time of performance, Contractor shall be deemed in default of this Agreement. If such default is not corrected within ten (10) days after written notice by City to Contractor, City may, at its sole discretion and without prejudice to any other right or remedy: (1) terminate this Agreement and be relieved of any further payment or consideration to Contractor except for all services determined by City to be satisfactorily completed prior to such termination. Payment for work satisfactorily completed shall be for actual costs incurred and non-refundable, including reasonable salaries and travel expenses of Contractor to and from meetings called by City at which Contractor is required to attend, _______________________________________________________________________________ 6 Construction Services Agreement with FM Utilities LLC (Bid#ENG-2024-009) but shall not include any loss of profit of Contractor. City may further proceed to complete the services in any manner deemed proper by City, either by the use of its own forces or by resubletting to others; or (2) City may, without terminating this Agreement or taking over the services, furnish the necessary materials, equipment, supplies and/or help necessary to remedy the situation, at Contractor’s sole expense. (b) Suspension or Termination by City. City may suspend or terminate this Agreement for cause or without cause at any time by giving written notice to Contractor. In the event suspension or termination is without cause, payment to Contractor, in accordance with the terms of this Agreement, will be made based on services reasonably determined by City to be satisfactorily performed as of the date of suspension or termination. Such payment will become payable upon delivery of all instruments of service to City and City’s acceptance of the same. If City requires a modification of the services under this Agreement, and in the event City and Contractor fail to agree upon such modification(s), City shall have the option of terminating this Agreement and Contractor's services hereunder at no additional cost other than the payment to Contractor in accordance with the terms of this Agreement for the services reasonably determined by City to be properly performed prior to such termination date. (c) Abandonment. If Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the City, or if Contractor fails to timely comply with the orders of the City, when such orders are consistent with the Contract Documents, then, and in that case, where a performance bond(s) exists, the surety on the bond(s) may be notified in writing by City and directed to complete the work (at City’s sole discretion), and a copy of said notice shall be delivered to Contractor. After receiving said notice of abandonment, Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the City or the surety on the performance bond, or another Contractor in completion of the work; and Contractor shall not receive any rental or credit therefor, having hereby acknowledged that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event a surety fails to comply with City’s written notice provided for herein, then the City may provide for completion of the work in either of the following elective manners: (1) the City may employ such labor and use such machinery, equipment, tools, materials and supplies as said City may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to Contractor, which shall be deducted and paid by City out of such amounts as may be due, or that may thereafter at any time become due to the Contractor under this Agreement. In case such expense is less than the sum which would have been payable under this Agreement if the same had been completed by the Contractor, then Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Agreement if the same had been completed by said Contractor, then the Contractor and/or its surety (ies) shall pay the amount of such excess to the City; or (2) the City may (under sealed bids when and in the manner required by law) let the contract to another Contractor for the completion of the work under substantially the same terms and conditions which are provided in this Agreement. In the case of any increase in cost to the City under the new contract as compared to what would have been the cost under this Agreement, such increase shall be charged to the Contractor and its surety (ies) shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Agreement, the Contractor and/or its surety (ies) shall be credited therewith. _______________________________________________________________________________ 7 Construction Services Agreement with FM Utilities LLC (Bid#ENG-2024-009) (d) Remedies Cumulative. The remedies in this section are cumulative and nothing herein shall be deemed a waiver of any other remedy available to the City under this Agreement, including its remedies upon default provided herein above. Section 9. Insurance Contractor shall during the term hereof maintain in full force and effect all policies of insurance reasonably required by City and in compliance with the Contract Documents. Contractor’s obligation to provide acceptable certificates of insurance is a material condition of this Agreement, and services under this Agreement shall not commence until certificates of insurance have been received, reviewed, and accepted by City. The minimum coverages and limits of liability for the policies of insurance required under this Agreement are maintained by and accessible through the City’s purchasing department. Section 10. Indemnification (a) Release of liability. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICIALS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE (OTHER THAN THE GROSS NEGLIGENCE OF CITY, IN WHICH CASE CONTRACTOR SHALL WAIVE ALL CLAIMS TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). (b) Contractor’s Indemnity Obligation. CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY CONTRACTOR’S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE, IN WHOLE OR IN PART, FROM OR ARE ATTRIBUTED TO THE GROSS NEGLIGENCE OF CITY, IN WHICH CASE CONTRACTOR SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). (c) Notice of Claim(s). Contractor shall promptly advise City in writing of any claim or demand against the City, related to or arising out of Contractor’s acts or omissions under this Agreement and shall see to the investigation and defense of such claims or demand at Contractor’s sole cost and expense; provided, that City, at its option and at its own expense, may participate in such defense without relieving Contractor of any of its obligations hereunder. CONTRACTOR’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY _______________________________________________________________________________ 8 Construction Services Agreement with FM Utilities LLC (Bid#ENG-2024-009) CONTRACTOR UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 10 SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Section 11. Notice All notices required by this Agreement shall be in writing and addressed to the parties at the addresses set forth on the signature page(s) of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All notices shall be delivered by (a) personal delivery, (b) certified or registered mail (in each case, return receipt requested, postage prepaid), (c) nationally recognized overnight courier (with all fees pre-paid), or (d) email of a pdf document containing the required notice. Such notice or document shall be deemed to be delivered or given, whether actually received or not, (i) when received if delivered or given in person, (ii) if sent by United States mail, three (3) business days after being deposited in the United States mail as set forth above, (iii) on the next business day after the day the notice or document is provided to a nationally recognized carrier to be delivered as set forth above, or (iv) if sent by email, the next business day. A confirmation of delivery report which reflects the time that the email was delivered to the recipient’s last notified email address is prima facie evidence of its receipt by the recipient, unless the sender receives a delivery failure notification, indicating that the email has not been delivered to the recipient. Section 12. Sales and Use Taxes Contractor understands and acknowledges that City is a governmental entity and exempt from the payment of sales and use taxes for certain materials and equipment conveyed to City as part of this Project or otherwise incorporated into the Project. City agrees to provide Contractor such documentation as may otherwise be required by state law to allow Contractor to avoid payment of sales and uses taxes for materials and equipment with respect to the Project to the extent allowed by law. Section 13. Texas Government Code Verifications Contractor’s execution of this Agreement shall serve as its acknowledgement and written verification that: (i) the requirements of Subchapter J, Chapter 552, Government Code, apply to this Agreement and Contractor agrees that the Agreement can be terminated if Contractor knowingly or intentionally fails to comply with a requirement of that subchapter; (ii) pursuant to Texas Government Code Chapter 2270, that Contractor’s organization does not presently boycott Israel and will not boycott Israel during the term of this Agreement; and (iii) pursuant to Texas Government Code Chapter 2251, that Contractor’s organization does not current discriminate against firearm and ammunition industries and will not for the term of the contract. Discriminating means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with the firearm or ammunition industry or with a person or entity doing business in the firearm or ammunition industry, but does not include an action made for ordinary business purposes. Section 14. Miscellaneous (a) Contractor shall not assign or sublet this Agreement, in whole or in part, without the prior written consent of City. (b) Contractor shall comply with all federal, state, county and municipal laws, ordinances, resolutions, regulations, rules, policies, orders, and directives applicable to the services under this Agreement. (c) The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the state district courts of Tarrant County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said courts. (d) This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein. (e) The exhibits attached hereto, if any, are incorporated herein and _______________________________________________________________________________ 9 Construction Services Agreement with FM Utilities LLC (Bid#ENG-2024-009) made a part hereof for all purposes. (f) Unless expressly provided otherwise herein, this Agreement may only be modified, amended, supplemented or waived by a mutual written agreement of the parties. (g) In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. (h) Any of the representations and obligations of the parties, as well as any rights and benefits of the parties pertaining to a period of time following the termination of this Agreement shall survive termination. (i) This Agreement may be executed by the parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties. (j) Each party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. (k) Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY – SIGNATURES ON FOLLOWING PAGE(S)] _______________________________________________________________________________ 10 Construction Services Agreement with FM Utilities LLC (Bid#ENG-2024-009) IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Effective Date. For City: CITY OF COLLEYVILLE, TEXAS By: Jerry Ducay City Manager Date: For Contractor: FM UTILITIES LLC By: Francisco Mata President Date: Notice Address: City of Colleyville Attn: City Manager 100 Main Street, 3rd Floor City of Colleyville, Texas 76034 E: jducay@colleyville.com ATTEST: By: Christine Loven City Secretary Date: Notice Address: FM Utilities LLC Attn: Francisco Mata, President 4911 Redbird Trail Midlothian, Texas 76065 E: francisco@fm-utilities.com GovDox Colleyville Contract ID: CSA_ED_April 16, 2024_Rev20230112 Page 1 of 2 2702 SE Loop 820 • Fort Worth, TX 76140 • 817‐708‐2422 • www.mas‐ce.com Civil Engineering • Planning • Hydrology & Hydraulic Modeling March 26, 2024 Project No.: 41‐03‐001 Larry Wright, P.E. City Engineer City of Colleyville 100 Main Street, 2nd Floor Colleyville, Texas 76034 RE: Pecan Park Estates Drainage Improvements – Bid Results (Bid # ENG‐2024‐009) Dear Mr. Wright, The Pecan Park Estates Drainage Improvements Project bid opening, conducted on March 19, 2024, included a total of nine bid proposals for consideration. The table below includes the bidder’s names, bids for water and drainage improvements, and total based bid amounts received in this bid opening. MAS Consulting Engineers has reviewed the bids, prepared a bid tabulation, and contacted the low bidder’s references. COMPANY UNIT I - DRAINAGE IMPROVEMENTS UNIT II - WATER IMPROVEMENTS TOTAL FM Utilities LLC $ 676,557.10 $ 43,332.71 $ 719,889.82 JR West Texas Concrete LLC $ 713,592.15 $ 54,910.50 $ 768,502.65 David‐Tehoungue Ltd Co $ 726,544.00 $ 92,035.00 $ 818,579.00 GRod construction, LLC. $ 768,973.04 $ 65,830.00 $ 834,803.04 KG Traffic Solutions $ 731,476.85 $ 127,093.59 $ 858,570.44 RNO Construction $ 830,636.20 $ 42,030.00 $ 872,666.20 MX Construction Services, INC $ 985,659.20 $ 54,690.89 $ 1,040,350.09 Cole Construction Inc. $ 997,929.92 $ 84,054.36 $ 1,081,984.27 Atkins Bros. $ 2,460,587.40 $ 41,880.00 $ 2,502,467.40 Based on our recent conversations, bids received, and the feedback received from the contractor’s references, the low bidder and contractor we recommended for this is the “FM Utilities LLC” with a total bid of $719,889.82. A summary table showing all bids received is included in the table above. Upon reviewing the bid proposals, a minor discrepancy due to roundoff error was found. FM Utilities was contacted and the correction on the written total was corrected to reflect the total shown above. Refer to Attachment B for the email correspondence from the contractor correcting the $ 6.68, in the City’s favor. A detailed bid tabulation is included in Attachment A. Page 2 of 2 2702 SE Loop 820 • Fort Worth, TX 76140 • 817‐708‐2422 • www.mas‐ce.com Civil Engineering • Planning • Hydrology & Hydraulic Modeling In general, the contractor’s references provided positive feedback on the performance of FM Utilities LLC. Our understanding is that FM Utilities LLC has completed similar projects in the area and has the required experience for drainage and water improvements and utility installation for this project. If you have any questions or concerns, feel free to contact me via phone number 817-708-2422 or email at asanchez@mas-civil.com. Sincerely, Angel Sanchez, P.E. Project Manager Attachment A – Bid Tabulation Attachment B – Correction to Bid – FM Utilities, LLC Unit CostTotal(Base Bid)Unit CostTotal(Base Bid)Unit CostTotal(Base Bid)Unit CostTotal(Base Bid)Unit CostTotal(Base Bid)Unit CostTotal(Base Bid)Unit CostTotal(Base Bid)Unit CostTotal(Base Bid)Unit CostTotal(Base Bid)Unit CostTotal(Base Bid)1-1 Owner's Construction ContigencyLS 1$106,300.00 $106,300.00$106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.001-2 Mobilization, Bonds, and InsuranceLS 160,000.00 $60,000.00$27,744.98$27,744.98 $66,400.00 $66,400.00 $70,000.00 $70,000.00 $80,000.00 $80,000.00 $38,000.00 $38,000.00 $75,000.00 $75,000.00 $87,000.00 $87,000.00 $45,000.00 $45,000.00 $30,000.00 $30,000.001-3 Traffic Control Plan Design & InstallationLS 115,000.00 $15,000.00$18,587.18$18,587.18 $4,500.00 $4,500.00 $85,000.00 $85,000.00 $20,000.00 $20,000.00 $5,250.00 $5,250.00 $5,000.00 $5,000.00 $45,000.00 $45,000.00 $20,611.55 $20,611.55 $5,000.00 $5,000.00 1-4Right of Way Preparation (including Clearing and Grubbing )LS 135,000.00 $35,000.00$15,480.18 $15,480.18$8,500.00 $8,500.00 $45,000.00 $45,000.00 $9,500.00 $9,500.00 $21,061.59 $21,061.59 $4,500.00 $4,500.00 $25,000.00 $25,000.00 $20,813.17 $20,813.17 $20,000.00 $20,000.001-5 Stormwater Pollution Prevention Plan Design and Install LS 13,500.00$3,500.00$3,833.34 $3,833.34 $6,300.00 $6,300.00 $20,000.00 $20,000.00 $3,500.00 $3,500.00 $1,653.64 $1,653.64 $2,500.00 $2,500.00 $20,000.00 $20,000.00 $2,720.70 $2,720.70 $5,000.00 $5,000.001-6Connect to Existing Curb Inlet (Including inlet modifications)EA 13,000.00 $3,000.00$6,049.53 $6,049.53$5,300.00 $5,300.00 $5,000.00 $5,000.00 $2,500.00 $2,500.00 $5,842.17 $5,842.17 $5,000.00 $5,000.00 $7,500.00 $7,500.00 $4,101.62 $4,101.62 $2,000.00 $2,000.001-7 Connect to Existing 18" RCP (Including Pipe Collar)EA 13,000.00 $3,000.00$1,952.10$1,952.10 $2,100.00 $2,100.00 $17,500.00 $17,500.00 $1,500.00 $1,500.00 $5,842.17 $5,842.17 $2,500.00 $2,500.00 $3,200.00 $3,200.00 $4,424.34 $4,424.34 $1,000.00 $1,000.001-8 60" CL III RCPLF 39540.00 $21,060.00$570.17$22,236.63 $520.00 $20,280.00 $140.00 $5,460.00 $565.00 $22,035.00 $594.73 $23,194.47 $900.00 $35,100.00 $700.00 $27,300.00 $1,090.76 $42,539.64 $800.00 $31,200.001-9 36" CL III RCPLF 39235.00 $9,165.00$362.13$14,123.07 $440.00 $17,160.00 $105.00 $4,095.00 $375.00 $14,625.00 $274.74 $10,714.86 $250.00 $9,750.00 $250.00 $9,750.00 $447.87 $17,466.93 $650.00 $25,350.001-10 24" CL III RCPLF 98180.00 $17,640.00$162.60$15,934.80 $135.00 $13,230.00 $95.00 $9,310.00 $200.00 $19,600.00 $192.43 $18,858.14 $170.00 $16,660.00 $185.00 $18,130.00 $316.45 $31,012.10 $299.00 $29,302.001-11 60" HDPE (Including Pipe Collar)LF 541360.00 $194,760.00$262.24$141,871.84 $364.00 $196,924.00 $120.00 $64,920.00 $300.00 $162,300.00 $305.30 $165,167.30 $500.00 $270,500.00 $400.00 $216,400.00 $504.34 $272,847.94 $1,900.00 $1,027,900.00 1-12 36" HDPELF 13250.00 $3,250.00$191.54$2,490.02 $240.00 $3,120.00 $90.00 $1,170.00 $250.00 $3,250.00 $185.07 $2,405.91 $400.00 $5,200.00 $175.00 $2,275.00 $201.13 $2,614.69 $850.00 $11,050.001-13 18" HDPELF 24200.00 $4,800.00$103.99$2,495.76 $80.00 $1,920.00 $80.00 $1,920.00 $145.00 $3,480.00 $101.38 $2,433.12 $250.00 $6,000.00 $100.00 $2,400.00 $111.21 $2,669.04 $750.00 $18,000.001-14 7'x7' Junction Box W/ Frame and 50" x 50" Grate Inlet EA 118,000.00$18,000.00$14,698.40 $14,698.40 $18,750.00 $18,750.00 $10,500.00 $10,500.00 $23,000.00 $23,000.00 $31,212.11 $31,212.11 $20,000.00 $20,000.00 $45,000.00 $45,000.00 $34,301.27 $34,301.27 $75,000.00 $75,000.00 1-15 4'x4' Type "Y" Drop InletEA 17,200.00 $7,200.00$9,529.94$9,529.94 $6,000.00 $6,000.00 $2,500.00 $2,500.00 $12,600.00 $12,600.00 $9,879.79 $9,879.79 $7,500.00 $7,500.00 $12,500.00 $12,500.00 $15,569.88 $15,569.88 $15,000.00 $15,000.001-16 20' Curb InletEA 312,000.00 $36,000.00$16,628.67$49,886.01 $17,300.00 $51,900.00 $3,000.00 $9,000.00 $15,200.00 $45,600.00 $15,177.73 $45,533.19 $12,500.00 $37,500.00 $13,500.00 $40,500.00 $16,157.11 $48,471.33 $25,000.00 $75,000.001-17 Plug on 60" RCPEA 11,000.00 $1,000.00$1,081.14$1,081.14 $1,800.00 $1,800.00 $300.00 $300.00 $2,750.00 $2,750.00 $7,111.86 $7,111.86 $3,500.00 $3,500.00 $1,350.00 $1,350.00 $1,503.93 $1,503.93 $2,000.00 $2,000.001-18 Plug Opening of Existing InletLS 11,200.00 $1,200.00$796.73$796.73 $1,200.00 $1,200.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $5,161.46 $5,161.46 $2,000.00 $2,000.00 $1,550.00 $1,550.00 $1,603.92 $1,603.92 $1,000.00 $1,000.001-19 Site GradingLS 112,000.00 $12,000.00$18,012.93$18,012.93 $18,700.00 $18,700.00 $6,500.00 $6,500.00 $7,500.00 $7,500.00 $27,904.09 $27,904.09 $5,000.00 $5,000.00 $16,500.00 $16,500.00 $63,689.62 $63,689.62 $15,000.00 $15,000.001-20 EmbankmentCY 6015.00$900.00$151.25 $9,075.00$100.00 $6,000.00 $120.00 $7,200.00 $50.00 $3,000.00 $29.00 $1,740.00 $100.00 $6,000.00 $75.00 $4,500.00 $209.22 $12,553.20 $200.00 $12,000.001-21 Unclassified ExcavationCY 20535.00 $7,175.00$48.04$9,848.20 $50.00 $10,250.00 $20.00 $4,100.00 $60.00 $12,300.00 $22.00 $4,510.00 $50.00 $10,250.00 $35.00 $7,175.00 $77.67 $15,922.35 $60.00 $12,300.001-22 Non Destructive Utility Locate(s)EA 11,000.00 $1,000.00$3,508.02$3,508.02 $7,500.00 $7,500.00 $750.00 $750.00 $7,500.00 $7,500.00 $4,683.50 $4,683.50 $7,500.00 $7,500.00 $15,000.00 $15,000.00 $6,121.58 $6,121.58 $15,000.00 $15,000.001-23 Concrete FlumeSY 211180.00 $37,980.00$153.97$32,487.67 $90.00 $18,990.00 $120.00 $25,320.00 $200.00 $42,200.00 $75.00 $15,825.00 $100.00 $21,100.00 $185.00 $39,035.00 $101.57 $21,431.27 $300.00 $63,300.001-24 Concrete Curb Wall at FlumeCY 131,600.00 $20,800.00$1,403.73$18,248.49 $1,600.00 $20,800.00 $300.00 $3,900.00 $1,100.00 $14,300.00 $484.25 $6,295.25 $500.00 $6,500.00 $450.00 $5,850.00 $998.06 $12,974.78 $490.00 $6,370.001-25 Standard 6" Concrete Curb at FlumeLF 7040.00 $2,800.00$55.94$3,915.80 $15.00 $1,050.00 $90.00 $6,300.00 $30.00 $2,100.00 $101.76 $7,123.20 $100.00 $7,000.00 $110.00 $7,700.00 $51.93 $3,635.10 $70.00 $4,900.001-26 Concrete ApronSY 7150.00 $1,050.00$223.74$1,566.18 $125.00 $875.00 $160.00 $1,120.00 $200.00 $1,400.00 $240.68 $1,684.76 $300.00 $2,100.00 $650.00 $4,550.00 $270.03 $1,890.21 $350.00 $2,450.001-27 Post Guard 4" Removable Pipe BollardsEA 2700.00 $1,400.00$1,634.87$3,269.74 $450.00 $900.00 $500.00 $1,000.00 $1,750.00 $3,500.00 $2,115.05 $4,230.10 $1,500.00 $3,000.00 $2,250.00 $4,500.00 $1,136.18 $2,272.36 $700.00 $1,400.001-28 Abandon 30" RCP CulvertsLF 192200.00 $38,400.00$75.68$14,530.56 $28.00 $5,376.00 $45.00 $8,640.00 $50.00 $9,600.00 $50.36 $9,669.12 $50.00 $9,600.00 $65.00 $12,480.00 $44.29 $8,503.68 $40.00 $7,680.001-29 Remove 30" RCP CulvertLF 4825.00 $1,200.00$36.73$1,763.04 $25.00 $1,200.00 $45.00 $2,160.00 $30.00 $1,440.00 $50.36 $2,417.28 $65.00 $3,120.00 $50.00 $2,400.00 $117.28 $5,629.44 $200.00 $9,600.00 1-30 Remove Culvert HeadwallsEA 51,100.00 $5,500.00$140.58$702.90 $800.00 $4,000.00 $650.00 $3,250.00 $2,500.00 $12,500.00 $671.00 $3,355.00 $750.00 $3,750.00 $1,750.00 $8,750.00 $969.59 $4,847.95 $5,000.00 $25,000.001-31 Remove & Replace 6" Concrete Driveway PavementSY 52150.00 $7,800.00$170.30$8,855.60 $165.00 $8,580.00 $140.00 $7,280.00 $200.00 $10,400.00 $215.37 $11,199.24 $90.00 $4,680.00 $180.00 $9,360.00 $113.29 $5,891.08 $70.00 $3,640.001-32 Remove & Replace 6" Concrete Valley GutterSY 16140.00 $2,240.00$202.53$3,240.48 $180.00 $2,880.00 $140.00 $2,240.00 $300.00 $4,800.00 $242.95 $3,887.20 $70.00 $1,120.00 $175.00 $2,800.00 $218.46 $3,495.36 $70.00 $1,120.001-33 Remove Concrete Drainage Flume with Curb WallLS 17,500.00 $7,500.00$13,587.21$13,587.21 $4,300.00 $4,300.00 $1,500.00 $1,500.00 $9,000.00 $9,000.00 $8,699.34 $8,699.34 $10,000.00 $10,000.00 $4,500.00 $4,500.00 $3,401.63 $3,401.63 $3,000.00 $3,000.001-34 Remove & Replace Curb and GutterLF 1720.00$340.00$59.35$1,008.95$75.00 $1,275.00 $150.00 $2,550.00 $650.00 $11,050.00 $186.65 $3,173.05 $150.00 $2,550.00 $145.00 $2,465.00 $123.82 $2,104.94 $90.00 $1,530.001-35 Remove Curb and GutterLF 10220.00 $2,040.00$17.53$1,788.06 $20.00 $2,040.00 $75.00 $7,650.00 $15.00 $1,530.00 $43.50 $4,437.00 $50.00 $5,100.00 $500.00 $51,000.00 $33.35 $3,401.70 $20.00 $2,040.001-36 Remove & Repair Asphalt PavementSY 28100.00 $2,800.00$139.92$3,917.76 $220.00 $6,160.00 $180.00 $5,040.00 $200.00 $5,600.00 $272.10 $7,618.80 $100.00 $2,800.00 $105.00 $2,940.00 $131.38 $3,678.64 $300.00 $8,400.001-37 Remove & Replace Mailbox with SimilarEA 12,500.00 $2,500.00$1,041.12$1,041.12 $1,000.00 $1,000.00 $3,500.00 $3,500.00 $850.00 $850.00 $1,519.07 $1,519.07 $500.00 $500.00 $6,000.00 $6,000.00 $3,903.31 $3,903.31 $300.00 $300.001-38 Remove Rip RapSY 6615.00$990.00$21.14 $1,395.24$43.00 $2,838.00 $55.00 $3,630.00 $20.00 $1,320.00 $82.92 $5,472.72 $40.00 $2,640.00 $15.00 $990.00 $103.08 $6,803.28 $20.00 $1,320.001-39 Remove Tree greater than 6" to 12"EA 51,000.00 $5,000.00$649.75$3,248.75 $888.64 $4,443.20 $3,500.00 $17,500.00 $1,000.00 $5,000.00 $621.93 $3,109.65 $1,500.00 $7,500.00 $1,500.00 $7,500.00 $1,164.71 $5,823.55 $1,500.00 $7,500.001-40 Remove Tree greater than 12" to 18"EA 21,500.00 $3,000.00$791.00$1,582.00 $914.77 $1,829.54 $3,500.00 $7,000.00 $1,250.00 $2,500.00 $1,243.86 $2,487.72 $2,000.00 $4,000.00 $1,750.00 $3,500.00 $1,164.71 $2,329.42 $4,000.00 $8,000.001-41 Remove Tree greater than 18" to 24"EA 52,250.00 $11,250.00$1,440.75$7,203.75 $1,411.36 $7,056.80 $3,750.00 $18,750.00 $1,800.00 $9,000.00 $1,243.86 $6,219.30 $3,500.00 $17,500.00 $2,150.00 $10,750.00 $1,747.07 $8,735.35 $8,000.00 $40,000.001-42 Remove Tree greater than 24" to 48"EA 43,500.00 $14,000.00$2,373.00$9,492.00 $2,744.31 $10,977.24 $4,150.00 $16,600.00 $3,000.00 $12,000.00 $1,554.83 $6,219.32 $4,000.00 $16,000.00 $2,450.00 $9,800.00 $3,057.37 $12,229.48 $130,000.00 $520,000.00 1-43 Remove Tree greater than 48"EA 15,000.00 $5,000.00$3,390.00$3,390.00 $5,227.27 $5,227.27 $4,150.00 $4,150.00 $4,500.00 $4,500.00 $3,109.64 $3,109.64 $5,000.00 $5,000.00 $4,500.00 $4,500.00 $4,269.79 $4,269.79 $150,000.00 $150,000.001-44 Trench SafetyLS 1500.00$500.00$3,910.08 $3,910.08$5,000.00 $5,000.00 $15,000.00 $15,000.00 $6,500.00 $6,500.00 $31,000.00 $31,000.00 $5,000.00 $5,000.00 $3.00 $3.00 $47,984.90 $47,984.90 $10,000.00 $10,000.001-45 SoddingSY 303.5610.00 $3,035.60$13.74$4,170.91 $10.00 $3,035.60 $25.00 $7,589.00 $9.00 $2,732.04 $11.85 $3,597.19 $20.00 $6,071.20 $20.00 $6,071.20 $14.14 $4,292.34 $40.00 $12,142.401-46 4" TopsoilSY 8418.00 $6,728.00$14.06$11,824.46 $5.00 $4,205.00 $20.00 $16,820.00 $8.00 $6,728.00 $9.30 $7,821.30 $15.00 $12,615.00 $15.00 $12,615.00 $15.73 $13,228.93 $20.00 $16,820.001-47 TxDOT Type R Grouted Stone Rip RapCY 41382.00 $15,662.00$287.37$11,782.17 $290.00 $11,890.00 $250.00 $10,250.00 $350.00 $14,350.00 $365.52 $14,986.32 $250.00 $10,250.00 $205.00 $8,405.00 $354.58 $14,537.78 $200.00 $8,200.001-48 Slope Erosion Control with SeedingSY 5398.00 $4,312.00$14.50$7,815.50 $0.50 $269.50 $20.00 $10,780.00 $7.00 $3,773.00 $5.17 $2,786.63 $20.00 $10,780.00 $35.00 $18,865.00 $14.70 $7,923.30 $7.00 $3,773.001-49 Silt FenceLF 1602.00$320.00$5.45 $872.00$8.00 $1,280.00 $25.00 $4,000.00 $6.00 $960.00 $3.10 $496.00 $10.00 $1,600.00 $25.00 $4,000.00 $23.96 $3,833.60 $10.00 $1,600.001-50 Storm Drain Inlet ProtectionEA 61,000.00 $6,000.00$353.29$2,119.74 $30.00 $180.00 $3,500.00 $21,000.00 $250.00 $1,500.00 $413.41 $2,480.46 $250.00 $1,500.00 $1,500.00 $9,000.00 $440.78 $2,644.68 $100.00 $600.001-51 Rock Check DamEA 11,500.00 $1,500.00$960.50$960.50 $800.00 $800.00 $7,000.00 $7,000.00 $1,000.00 $1,000.00 $2,480.47 $2,480.47 $2,500.00 $2,500.00 $4,500.00 $4,500.00 $1,316.08 $1,316.08 $500.00 $500.001-52 Stabilized Construction EntanceEA 13,500.00 $3,500.00$1,330.64$1,330.64 $1,000.00 $1,000.00 $7,000.00 $7,000.00 $2,500.00 $2,500.00 $3,617.35 $3,617.35 $1,500.00 $1,500.00 $6,500.00 $6,500.00 $2,057.19 $2,057.19 $5,000.00 $5,000.00$776,097.60$676,557.10$713,592.15$726,544.00$768,973.04$731,476.85$830,636.20$985,659.20$997,929.92$2,460,587.402-1 8" C900 PVC Water Line By Open CutLF 73150.00$10,950.00$92.05 $6,719.65 $122.02 $8,907.46 $500.00 $36,500.00 $180.00 $13,140.00 $84.66 $6,180.18 $150.00 $10,950.00 $220.00 $16,060.00 $199.14 $14,537.22 $200.00 $14,600.002-2 6" C900 PVC Water Line By Open CutLF 6140.00$840.00$62.78 $376.68$118.66 $711.96 $500.00 $3,000.00 $350.00 $2,100.00 $84.66 $507.96 $100.00 $600.00 $185.00 $1,110.00 $723.86 $4,343.16 $190.00 $1,140.002-3 Ductile Iron Water Fittings w/ RestraintTN 0.412,000.00 $4,800.00$13,703.38$5,481.35 $14,850.00 $5,940.00 $10,000.00 $4,000.00 $15,000.00 $6,000.00 $17,331.28 $6,932.51 $7,000.00 $2,800.00 $14,644.73 $5,857.89 $11,217.29 $4,486.92 $4,000.00 $1,600.002-4 Concrete Encase 8" Water LineLF 1020.00$200.00$121.17 $1,211.70$167.40 $1,674.00 $500.00 $5,000.00 $175.00 $1,750.00 $600.00 $6,000.00 $150.00 $1,500.00 $105.00 $1,050.00 $468.74 $4,687.40 $30.00 $300.00 2-5 8" Gate ValveEA 23,500.00 $7,000.00$3,899.77$7,799.54 $3,515.67 $7,031.34 $3,750.00 $7,500.00 $3,650.00 $7,300.00 $5,312.38 $10,624.76 $3,000.00 $6,000.00 $3,500.00 $7,000.00 $3,740.97 $7,481.94 $2,000.00 $4,000.002-6 6" Gate ValveEA 12,500.00 $2,500.00$2,788.38$2,788.38 $2,663.10 $2,663.10 $3,750.00 $3,750.00 $2,850.00 $2,850.00 $4,804.45 $4,804.45 $2,500.00 $2,500.00 $2,250.00 $2,250.00 $3,400.88 $3,400.88 $1,000.00 $1,000.002-7 Fire Hydrant AssemblyEA 17,500.00 $7,500.00$8,391.16$8,391.16 $7,776.00 $7,776.00 $3,500.00 $3,500.00 $7,500.00 $7,500.00 $14,006.85 $14,006.85 $6,500.00 $6,500.00 $7,800.00 $7,800.00 $11,562.99 $11,562.99 $7,000.00 $7,000.002-8 Remove Existing 6" Water LineLF 6825.00 $1,700.00$13.46$915.28 $33.48 $2,276.64 $150.00 $10,200.00 $30.00 $2,040.00 $58.49 $3,977.32 $20.00 $1,360.00 $65.00 $4,420.00 $75.04 $5,102.72 $20.00 $1,360.00 2-9 Remove & Salvage Fire Hydrant and ValveEA 11,000.00 $1,000.00$1,004.75$1,004.75 $2,916.00 $2,916.00 $1,250.00 $1,250.00 $3,000.00 $3,000.00 $11,684.28 $11,684.28 $1,500.00 $1,500.00 $3,400.00 $3,400.00 $5,102.44 $5,102.44 $1,000.00 $1,000.002-10 Remove & Replace 6" Concrete Driveway PavementSY 10150.00 $1,500.00$170.65$1,706.50 $200.00 $2,000.00 $140.00 $1,400.00 $300.00 $3,000.00 $321.91 $3,219.10 $150.00 $1,500.00 $105.00 $1,050.00 $457.38 $4,573.80 $200.00 $2,000.002-11 SoddingSY 1110.00$110.00$17.13$188.43$20.00 $220.00 $65.00 $715.00 $100.00 $1,100.00 $51.07 $561.77 $70.00 $770.00 $75.00 $825.00 $53.62 $589.82 $40.00 $440.002-12 4" Top SoilSY 1190.00$990.00$36.03 $396.33$10.00 $110.00 $20.00 $220.00 $50.00 $550.00 $9.30 $102.30 $50.00 $550.00 $15.00 $165.00 $164.70 $1,811.70 $40.00 $440.002-13 Trench SafetyLS 1500.00$500.00$280.26 $280.26$7,500.00 $7,500.00 $10,000.00 $10,000.00 $3,500.00 $3,500.00 $47,400.21 $47,400.21 $500.00 $500.00 $3.00 $3.00 $12,243.17 $12,243.17 $1,000.00 $1,000.002-14Connect to Existing Water LineEA 2500.00 $1,000.00$3,036.35 $6,072.70$2,592.00 $5,184.00 $2,500.00 $5,000.00 $6,000.00 $12,000.00 $5,545.95 $11,091.90 $2,500.00 $5,000.00 $1,850.00 $3,700.00 $2,065.10 $4,130.20 $3,000.00 $6,000.00$719,889.81$768,502.65$818,579.00$834,803.04$858,570.44$872,666.20$1,040,350.09$1,081,984.28$2,502,467.40Grand Total$816,687.60Base Bid Total$40,590.00UNIT II - WATER IMPROVEMENTS$43,332.71$54,910.50$41,880.00$92,035.00$65,830.00$127,093.59$42,030.00$54,690.89$84,054.36Base Bid TotalFM Utilities, LLC.JR West Texas Concrete LLCDavid-Tehoungue Ltd Co GRod construction, LLC.ItemDescriptionQuantity(Base Bid)UnitMAS EOPCCBase BidMX Construction Services, INCCole Construction Inc. ATKINS BROS.UNIT I - DRAINAGE IMPROVEMENTS KG Traffic SolutionsRNO constructionATTACHMENT A 1Angel Sanchez From:Alejandro Sosa <Alejandro@fm-utilities.com> Sent:Monday, March 25, 2024 1:49 PM To:Cesar RodriguezCc:Maraitzel Cabello Ponce; Angel Sanchez; Luis Rodriguez; Francisco Subject:RE: City of Colleyville Pecan Park Estates Drainage Project: Bid total discrepancy Attachments:Bid Tab.xlsx Unit Cost Total (Base Bid)Unit Cost Total (Base Bid)Unit Cost Total (Base Bid)Unit Cost Total (Base Bid)Unit Cost Total (Base Bid)Unit Cost Total (Base Bid)Unit Cost Total (Base Bid)Unit Cost Total (Base Bid)Unit Cost Total (Base Bid)Unit Cost Total (Base Bid) 1-1 Owner's Construction Contigency LS 1 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 $106,300.00 1-2 Mobilization, Bonds, and Insurance LS 1 60,000.00 $60,000.00 $27,744.98 $27,744.98 $66,400.00 $66,400.00 $70,000.00 $70,000.00 $80,000.00 $80,000.00 $38,000.00 $38,000.00 $75,000.00 $75,000.00 $87,000.00 $87,000.00 $45,000.00 $45,000.00 $30,000.00 $30,000.00 1-3 Traffic Control Plan Design & Installation LS 1 15,000.00 $15,000.00 $18,587.18 $18,587.18 $4,500.00 $4,500.00 $85,000.00 $85,000.00 $20,000.00 $20,000.00 $5,250.00 $5,250.00 $5,000.00 $5,000.00 $45,000.00 $45,000.00 $20,611.55 $20,611.55 $5,000.00 $5,000.00 1-4 Right of Way Preparation (including Clearing and Grubbing )LS 1 35,000.00 $35,000.00 $15,480.18 $15,480.18 $8,500.00 $8,500.00 $45,000.00 $45,000.00 $9,500.00 $9,500.00 $21,061.59 $21,061.59 $4,500.00 $4,500.00 $25,000.00 $25,000.00 $20,813.17 $20,813.17 $20,000.00 $20,000.00 1-5 Stormwater Pollution Prevention Plan Design and Install LS 1 3,500.00 $3,500.00 $3,833.34 $3,833.34 $6,300.00 $6,300.00 $20,000.00 $20,000.00 $3,500.00 $3,500.00 $1,653.64 $1,653.64 $2,500.00 $2,500.00 $20,000.00 $20,000.00 $2,720.70 $2,720.70 $5,000.00 $5,000.00 1-6 Connect to Existing Curb Inlet (Including inlet modifications)EA 1 3,000.00 $3,000.00 $6,049.53 $6,049.53 $5,300.00 $5,300.00 $5,000.00 $5,000.00 $2,500.00 $2,500.00 $5,842.17 $5,842.17 $5,000.00 $5,000.00 $7,500.00 $7,500.00 $4,101.62 $4,101.62 $2,000.00 $2,000.00 1-7 Connect to Existing 18" RCP (Including Pipe Collar)EA 1 3,000.00 $3,000.00 $1,952.10 $1,952.10 $2,100.00 $2,100.00 $17,500.00 $17,500.00 $1,500.00 $1,500.00 $5,842.17 $5,842.17 $2,500.00 $2,500.00 $3,200.00 $3,200.00 $4,424.34 $4,424.34 $1,000.00 $1,000.00 1-8 60" CL III RCP LF 39 540.00 $21,060.00 $570.17 $22,236.63 $520.00 $20,280.00 $140.00 $5,460.00 $565.00 $22,035.00 $594.73 $23,194.47 $900.00 $35,100.00 $700.00 $27,300.00 $1,090.76 $42,539.64 $800.00 $31,200.00 1-9 36" CL III RCP LF 39 235.00 $9,165.00 $362.13 $14,123.07 $440.00 $17,160.00 $105.00 $4,095.00 $375.00 $14,625.00 $274.74 $10,714.86 $250.00 $9,750.00 $250.00 $9,750.00 $447.87 $17,466.93 $650.00 $25,350.00 1-10 24" CL III RCP LF 98 180.00 $17,640.00 $162.60 $15,934.80 $135.00 $13,230.00 $95.00 $9,310.00 $200.00 $19,600.00 $192.43 $18,858.14 $170.00 $16,660.00 $185.00 $18,130.00 $316.45 $31,012.10 $299.00 $29,302.00 1-11 60" HDPE (Including Pipe Collar)LF 541 360.00 $194,760.00 $262.24 $141,871.84 $364.00 $196,924.00 $120.00 $64,920.00 $300.00 $162,300.00 $305.30 $165,167.30 $500.00 $270,500.00 $400.00 $216,400.00 $504.34 $272,847.94 $1,900.00 $1,027,900.00 1-12 36" HDPE LF 13 250.00 $3,250.00 $191.54 $2,490.02 $240.00 $3,120.00 $90.00 $1,170.00 $250.00 $3,250.00 $185.07 $2,405.91 $400.00 $5,200.00 $175.00 $2,275.00 $201.13 $2,614.69 $850.00 $11,050.00 1-13 18" HDPE LF 24 200.00 $4,800.00 $103.99 $2,495.76 $80.00 $1,920.00 $80.00 $1,920.00 $145.00 $3,480.00 $101.38 $2,433.12 $250.00 $6,000.00 $100.00 $2,400.00 $111.21 $2,669.04 $750.00 $18,000.00 1-14 7'x7' Junction Box W/ Frame and 50" x 50" Grate Inlet EA 1 18,000.00 $18,000.00 $14,698.40 $14,698.40 $18,750.00 $18,750.00 $10,500.00 $10,500.00 $23,000.00 $23,000.00 $31,212.11 $31,212.11 $20,000.00 $20,000.00 $45,000.00 $45,000.00 $34,301.27 $34,301.27 $75,000.00 $75,000.00 1-15 4'x4' Type "Y" Drop Inlet EA 1 7,200.00 $7,200.00 $9,529.94 $9,529.94 $6,000.00 $6,000.00 $2,500.00 $2,500.00 $12,600.00 $12,600.00 $9,879.79 $9,879.79 $7,500.00 $7,500.00 $12,500.00 $12,500.00 $15,569.88 $15,569.88 $15,000.00 $15,000.00 1-16 20' Curb Inlet EA 3 12,000.00 $36,000.00 $16,628.67 $49,886.01 $17,300.00 $51,900.00 $3,000.00 $9,000.00 $15,200.00 $45,600.00 $15,177.73 $45,533.19 $12,500.00 $37,500.00 $13,500.00 $40,500.00 $16,157.11 $48,471.33 $25,000.00 $75,000.00 1-17 Plug on 60" RCP EA 1 1,000.00 $1,000.00 $1,081.14 $1,081.14 $1,800.00 $1,800.00 $300.00 $300.00 $2,750.00 $2,750.00 $7,111.86 $7,111.86 $3,500.00 $3,500.00 $1,350.00 $1,350.00 $1,503.93 $1,503.93 $2,000.00 $2,000.00 1-18 Plug Opening of Existing Inlet LS 1 1,200.00 $1,200.00 $796.73 $796.73 $1,200.00 $1,200.00 $1,500.00 $1,500.00 $1,500.00 $1,500.00 $5,161.46 $5,161.46 $2,000.00 $2,000.00 $1,550.00 $1,550.00 $1,603.92 $1,603.92 $1,000.00 $1,000.00 1-19 Site Grading LS 1 12,000.00 $12,000.00 $18,012.93 $18,012.93 $18,700.00 $18,700.00 $6,500.00 $6,500.00 $7,500.00 $7,500.00 $27,904.09 $27,904.09 $5,000.00 $5,000.00 $16,500.00 $16,500.00 $63,689.62 $63,689.62 $15,000.00 $15,000.00 1-20 Embankment CY 60 15.00 $900.00 $151.25 $9,075.00 $100.00 $6,000.00 $120.00 $7,200.00 $50.00 $3,000.00 $29.00 $1,740.00 $100.00 $6,000.00 $75.00 $4,500.00 $209.22 $12,553.20 $200.00 $12,000.00 1-21 Unclassified Excavation CY 205 35.00 $7,175.00 $48.04 $9,848.20 $50.00 $10,250.00 $20.00 $4,100.00 $60.00 $12,300.00 $22.00 $4,510.00 $50.00 $10,250.00 $35.00 $7,175.00 $77.67 $15,922.35 $60.00 $12,300.00 1-22 Non Destructive Utility Locate(s)EA 1 1,000.00 $1,000.00 $3,508.02 $3,508.02 $7,500.00 $7,500.00 $750.00 $750.00 $7,500.00 $7,500.00 $4,683.50 $4,683.50 $7,500.00 $7,500.00 $15,000.00 $15,000.00 $6,121.58 $6,121.58 $15,000.00 $15,000.00 1-23 Concrete Flume SY 211 180.00 $37,980.00 $153.97 $32,487.67 $90.00 $18,990.00 $120.00 $25,320.00 $200.00 $42,200.00 $75.00 $15,825.00 $100.00 $21,100.00 $185.00 $39,035.00 $101.57 $21,431.27 $300.00 $63,300.00 1-24 Concrete Curb Wall at Flume CY 13 1,600.00 $20,800.00 $1,403.73 $18,248.49 $1,600.00 $20,800.00 $300.00 $3,900.00 $1,100.00 $14,300.00 $484.25 $6,295.25 $500.00 $6,500.00 $450.00 $5,850.00 $998.06 $12,974.78 $490.00 $6,370.00 1-25 Standard 6" Concrete Curb at Flume LF 70 40.00 $2,800.00 $55.94 $3,915.80 $15.00 $1,050.00 $90.00 $6,300.00 $30.00 $2,100.00 $101.76 $7,123.20 $100.00 $7,000.00 $110.00 $7,700.00 $51.93 $3,635.10 $70.00 $4,900.00 1-26 Concrete Apron SY 7 150.00 $1,050.00 $223.74 $1,566.18 $125.00 $875.00 $160.00 $1,120.00 $200.00 $1,400.00 $240.68 $1,684.76 $300.00 $2,100.00 $650.00 $4,550.00 $270.03 $1,890.21 $350.00 $2,450.00 1-27 Post Guard 4" Removable Pipe Bollards EA 2 700.00 $1,400.00 $1,634.87 $3,269.74 $450.00 $900.00 $500.00 $1,000.00 $1,750.00 $3,500.00 $2,115.05 $4,230.10 $1,500.00 $3,000.00 $2,250.00 $4,500.00 $1,136.18 $2,272.36 $700.00 $1,400.00 1-28 Abandon 30" RCP Culverts LF 192 200.00 $38,400.00 $75.68 $14,530.56 $28.00 $5,376.00 $45.00 $8,640.00 $50.00 $9,600.00 $50.36 $9,669.12 $50.00 $9,600.00 $65.00 $12,480.00 $44.29 $8,503.68 $40.00 $7,680.00 1-29 Remove 30" RCP Culvert LF 48 25.00 $1,200.00 $36.73 $1,763.04 $25.00 $1,200.00 $45.00 $2,160.00 $30.00 $1,440.00 $50.36 $2,417.28 $65.00 $3,120.00 $50.00 $2,400.00 $117.28 $5,629.44 $200.00 $9,600.00 1-30 Remove Culvert Headwalls EA 5 1,100.00 $5,500.00 $140.58 $702.90 $800.00 $4,000.00 $650.00 $3,250.00 $2,500.00 $12,500.00 $671.00 $3,355.00 $750.00 $3,750.00 $1,750.00 $8,750.00 $969.59 $4,847.95 $5,000.00 $25,000.00 1-31 Remove & Replace 6" Concrete Driveway Pavement SY 52 150.00 $7,800.00 $170.30 $8,855.60 $165.00 $8,580.00 $140.00 $7,280.00 $200.00 $10,400.00 $215.37 $11,199.24 $90.00 $4,680.00 $180.00 $9,360.00 $113.29 $5,891.08 $70.00 $3,640.00 1-32 Remove & Replace 6" Concrete Valley Gutter SY 16 140.00 $2,240.00 $202.53 $3,240.48 $180.00 $2,880.00 $140.00 $2,240.00 $300.00 $4,800.00 $242.95 $3,887.20 $70.00 $1,120.00 $175.00 $2,800.00 $218.46 $3,495.36 $70.00 $1,120.00 1-33 Remove Concrete Drainage Flume with Curb Wall LS 1 7,500.00 $7,500.00 $13,587.21 $13,587.21 $4,300.00 $4,300.00 $1,500.00 $1,500.00 $9,000.00 $9,000.00 $8,699.34 $8,699.34 $10,000.00 $10,000.00 $4,500.00 $4,500.00 $3,401.63 $3,401.63 $3,000.00 $3,000.00 1-34 Remove & Replace Curb and Gutter LF 17 20.00 $340.00 $59.35 $1,008.95 $75.00 $1,275.00 $150.00 $2,550.00 $650.00 $11,050.00 $186.65 $3,173.05 $150.00 $2,550.00 $145.00 $2,465.00 $123.82 $2,104.94 $90.00 $1,530.00 1-35 Remove Curb and Gutter LF 102 20.00 $2,040.00 $17.53 $1,788.06 $20.00 $2,040.00 $75.00 $7,650.00 $15.00 $1,530.00 $43.50 $4,437.00 $50.00 $5,100.00 $500.00 $51,000.00 $33.35 $3,401.70 $20.00 $2,040.00 1-36 Remove & Repair Asphalt Pavement SY 28 100.00 $2,800.00 $139.92 $3,917.76 $220.00 $6,160.00 $180.00 $5,040.00 $200.00 $5,600.00 $272.10 $7,618.80 $100.00 $2,800.00 $105.00 $2,940.00 $131.38 $3,678.64 $300.00 $8,400.00 1-37 Remove & Replace Mailbox with Similar EA 1 2,500.00 $2,500.00 $1,041.12 $1,041.12 $1,000.00 $1,000.00 $3,500.00 $3,500.00 $850.00 $850.00 $1,519.07 $1,519.07 $500.00 $500.00 $6,000.00 $6,000.00 $3,903.31 $3,903.31 $300.00 $300.00 1-38 Remove Rip Rap SY 66 15.00 $990.00 $21.14 $1,395.24 $43.00 $2,838.00 $55.00 $3,630.00 $20.00 $1,320.00 $82.92 $5,472.72 $40.00 $2,640.00 $15.00 $990.00 $103.08 $6,803.28 $20.00 $1,320.00 1-39 Remove Tree greater than 6" to 12"EA 5 1,000.00 $5,000.00 $649.75 $3,248.75 $888.64 $4,443.20 $3,500.00 $17,500.00 $1,000.00 $5,000.00 $621.93 $3,109.65 $1,500.00 $7,500.00 $1,500.00 $7,500.00 $1,164.71 $5,823.55 $1,500.00 $7,500.00 1-40 Remove Tree greater than 12" to 18"EA 2 1,500.00 $3,000.00 $791.00 $1,582.00 $914.77 $1,829.54 $3,500.00 $7,000.00 $1,250.00 $2,500.00 $1,243.86 $2,487.72 $2,000.00 $4,000.00 $1,750.00 $3,500.00 $1,164.71 $2,329.42 $4,000.00 $8,000.00 1-41 Remove Tree greater than 18" to 24"EA 5 2,250.00 $11,250.00 $1,440.75 $7,203.75 $1,411.36 $7,056.80 $3,750.00 $18,750.00 $1,800.00 $9,000.00 $1,243.86 $6,219.30 $3,500.00 $17,500.00 $2,150.00 $10,750.00 $1,747.07 $8,735.35 $8,000.00 $40,000.00 1-42 Remove Tree greater than 24" to 48"EA 4 3,500.00 $14,000.00 $2,373.00 $9,492.00 $2,744.31 $10,977.24 $4,150.00 $16,600.00 $3,000.00 $12,000.00 $1,554.83 $6,219.32 $4,000.00 $16,000.00 $2,450.00 $9,800.00 $3,057.37 $12,229.48 $130,000.00 $520,000.00 1-43 Remove Tree greater than 48"EA 1 5,000.00 $5,000.00 $3,390.00 $3,390.00 $5,227.27 $5,227.27 $4,150.00 $4,150.00 $4,500.00 $4,500.00 $3,109.64 $3,109.64 $5,000.00 $5,000.00 $4,500.00 $4,500.00 $4,269.79 $4,269.79 $150,000.00 $150,000.00 1-44 Trench Safety LS 1 500.00 $500.00 $3,910.08 $3,910.08 $5,000.00 $5,000.00 $15,000.00 $15,000.00 $6,500.00 $6,500.00 $31,000.00 $31,000.00 $5,000.00 $5,000.00 $3.00 $3.00 $47,984.90 $47,984.90 $10,000.00 $10,000.00 1-45 Sodding SY 303.56 10.00 $3,035.60 $13.74 $4,170.91 $10.00 $3,035.60 $25.00 $7,589.00 $9.00 $2,732.04 $11.85 $3,597.19 $20.00 $6,071.20 $20.00 $6,071.20 $14.14 $4,292.34 $40.00 $12,142.40 1-46 4" Topsoil SY 841 8.00 $6,728.00 $14.06 $11,824.46 $5.00 $4,205.00 $20.00 $16,820.00 $8.00 $6,728.00 $9.30 $7,821.30 $15.00 $12,615.00 $15.00 $12,615.00 $15.73 $13,228.93 $20.00 $16,820.00 1-47 TxDOT Type R Grouted Stone Rip Rap CY 41 382.00 $15,662.00 $287.37 $11,782.17 $290.00 $11,890.00 $250.00 $10,250.00 $350.00 $14,350.00 $365.52 $14,986.32 $250.00 $10,250.00 $205.00 $8,405.00 $354.58 $14,537.78 $200.00 $8,200.00 1-48 Slope Erosion Control with Seeding SY 539 8.00 $4,312.00 $14.50 $7,815.50 $0.50 $269.50 $20.00 $10,780.00 $7.00 $3,773.00 $5.17 $2,786.63 $20.00 $10,780.00 $35.00 $18,865.00 $14.70 $7,923.30 $7.00 $3,773.00 1-49 Silt Fence LF 160 2.00 $320.00 $5.45 $872.00 $8.00 $1,280.00 $25.00 $4,000.00 $6.00 $960.00 $3.10 $496.00 $10.00 $1,600.00 $25.00 $4,000.00 $23.96 $3,833.60 $10.00 $1,600.00 1-50 Storm Drain Inlet Protection EA 6 1,000.00 $6,000.00 $353.29 $2,119.74 $30.00 $180.00 $3,500.00 $21,000.00 $250.00 $1,500.00 $413.41 $2,480.46 $250.00 $1,500.00 $1,500.00 $9,000.00 $440.78 $2,644.68 $100.00 $600.00 1-51 Rock Check Dam EA 1 1,500.00 $1,500.00 $960.50 $960.50 $800.00 $800.00 $7,000.00 $7,000.00 $1,000.00 $1,000.00 $2,480.47 $2,480.47 $2,500.00 $2,500.00 $4,500.00 $4,500.00 $1,316.08 $1,316.08 $500.00 $500.00 1-52 Stabilized Construction Entance EA 1 3,500.00 $3,500.00 $1,330.64 $1,330.64 $1,000.00 $1,000.00 $7,000.00 $7,000.00 $2,500.00 $2,500.00 $3,617.35 $3,617.35 $1,500.00 $1,500.00 $6,500.00 $6,500.00 $2,057.19 $2,057.19 $5,000.00 $5,000.00 $776,097.60 $676,557.10 $713,592.15 $726,544.00 $768,973.04 $731,476.85 $830,636.20 $985,659.20 $997,929.92 $2,460,587.40 2-1 8" C900 PVC Water Line By Open Cut LF 73 150.00 $10,950.00 $92.05 $6,719.65 $122.02 $8,907.46 $500.00 $36,500.00 $180.00 $13,140.00 $84.66 $6,180.18 $150.00 $10,950.00 $220.00 $16,060.00 $199.14 $14,537.22 $200.00 $14,600.00 2-2 6" C900 PVC Water Line By Open Cut LF 6 140.00 $840.00 $62.78 $376.68 $118.66 $711.96 $500.00 $3,000.00 $350.00 $2,100.00 $84.66 $507.96 $100.00 $600.00 $185.00 $1,110.00 $723.86 $4,343.16 $190.00 $1,140.00 2-3 Ductile Iron Water Fittings w/ Restraint TN 0.4 12,000.00 $4,800.00 $13,703.38 $5,481.35 $14,850.00 $5,940.00 $10,000.00 $4,000.00 $15,000.00 $6,000.00 $17,331.28 $6,932.51 $7,000.00 $2,800.00 $14,644.73 $5,857.89 $11,217.29 $4,486.92 $4,000.00 $1,600.00 2-4 Concrete Encase 8" Water Line LF 10 20.00 $200.00 $121.17 $1,211.70 $167.40 $1,674.00 $500.00 $5,000.00 $175.00 $1,750.00 $600.00 $6,000.00 $150.00 $1,500.00 $105.00 $1,050.00 $468.74 $4,687.40 $30.00 $300.00 2-5 8" Gate Valve EA 2 3,500.00 $7,000.00 $3,899.77 $7,799.54 $3,515.67 $7,031.34 $3,750.00 $7,500.00 $3,650.00 $7,300.00 $5,312.38 $10,624.76 $3,000.00 $6,000.00 $3,500.00 $7,000.00 $3,740.97 $7,481.94 $2,000.00 $4,000.00 2-6 6" Gate Valve EA 1 2,500.00 $2,500.00 $2,788.38 $2,788.38 $2,663.10 $2,663.10 $3,750.00 $3,750.00 $2,850.00 $2,850.00 $4,804.45 $4,804.45 $2,500.00 $2,500.00 $2,250.00 $2,250.00 $3,400.88 $3,400.88 $1,000.00 $1,000.00 2-7 Fire Hydrant Assembly EA 1 7,500.00 $7,500.00 $8,391.16 $8,391.16 $7,776.00 $7,776.00 $3,500.00 $3,500.00 $7,500.00 $7,500.00 $14,006.85 $14,006.85 $6,500.00 $6,500.00 $7,800.00 $7,800.00 $11,562.99 $11,562.99 $7,000.00 $7,000.00 2-8 Remove Existing 6" Water Line LF 68 25.00 $1,700.00 $13.46 $915.28 $33.48 $2,276.64 $150.00 $10,200.00 $30.00 $2,040.00 $58.49 $3,977.32 $20.00 $1,360.00 $65.00 $4,420.00 $75.04 $5,102.72 $20.00 $1,360.00 2-9 Remove & Salvage Fire Hydrant and Valve EA 1 1,000.00 $1,000.00 $1,004.75 $1,004.75 $2,916.00 $2,916.00 $1,250.00 $1,250.00 $3,000.00 $3,000.00 $11,684.28 $11,684.28 $1,500.00 $1,500.00 $3,400.00 $3,400.00 $5,102.44 $5,102.44 $1,000.00 $1,000.00 2-10 Remove & Replace 6" Concrete Driveway Pavement SY 10 150.00 $1,500.00 $170.65 $1,706.50 $200.00 $2,000.00 $140.00 $1,400.00 $300.00 $3,000.00 $321.91 $3,219.10 $150.00 $1,500.00 $105.00 $1,050.00 $457.38 $4,573.80 $200.00 $2,000.00 2-11 Sodding SY 11 10.00 $110.00 $17.13 $188.43 $20.00 $220.00 $65.00 $715.00 $100.00 $1,100.00 $51.07 $561.77 $70.00 $770.00 $75.00 $825.00 $53.62 $589.82 $40.00 $440.00 2-12 4" Top Soil SY 11 90.00 $990.00 $36.03 $396.33 $10.00 $110.00 $20.00 $220.00 $50.00 $550.00 $9.30 $102.30 $50.00 $550.00 $15.00 $165.00 $164.70 $1,811.70 $40.00 $440.00 2-13 Trench Safety LS 1 500.00 $500.00 $280.26 $280.26 $7,500.00 $7,500.00 $10,000.00 $10,000.00 $3,500.00 $3,500.00 $47,400.21 $47,400.21 $500.00 $500.00 $3.00 $3.00 $12,243.17 $12,243.17 $1,000.00 $1,000.00 2-14 Connect to Existing Water Line EA 2 500.00 $1,000.00 $3,036.35 $6,072.70 $2,592.00 $5,184.00 $2,500.00 $5,000.00 $6,000.00 $12,000.00 $5,545.95 $11,091.90 $2,500.00 $5,000.00 $1,850.00 $3,700.00 $2,065.10 $4,130.20 $3,000.00 $6,000.00 $719,889.81 $768,502.65 $818,579.00 $834,803.04 $858,570.44 $872,666.20 $1,040,350.09 $1,081,984.28 $2,502,467.40 MX Construction Services, INC Cole Construction Inc. ATKINS BROS. UNIT I - DRAINAGE IMPROVEMENTS KG Traffic Solutions RNO construction Base Bid Total FM Utilities, LLC.JR West Texas Concrete LLC David-Tehoungue Ltd Co GRod construction, LLC. Item Description Quantity (Base Bid)Unit MAS EOPCC Base Bid Grand Total $816,687.60 Base Bid Total $40,590.00 UNIT II - WATER IMPROVEMENTS $43,332.71 $54,910.50 $41,880.00$92,035.00 $65,830.00 $127,093.59 $42,030.00 $54,690.89 $84,054.36 Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 04/09/2024 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. FM Utilities, LLC Midlothian, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Colleyville Drainage improvements project. ENG-2024-009 2024-1143906 04/09/2024 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state)(zip code)(country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V3.5.1.5b35d027www.ethics.state.tx.usForms provided by Texas Ethics Commission Dallas • Fort Worth • Frisco • Houston • Huntsville • Longview 3020 Wichita Court • Fort Worth, Texas 76140 Tel: 817-595-4565 • Fax: 817-595-1033 • www.aggengr.com CONSTRUCTION MATERIALS ENGINEERING & TESTING GEOTECHNICAL ENGINEERING CONSTRUCTION INSPECTION SERVICES FORENSIC STUDIES March 6, 2024 Proposal No.: P24-0310C Mr. Earl A. Escobar, P.E. Public Works Project Engineer City of Colleyville 100 Main Street Colleyville, Texas 76034 Subject: Construction Materials Testing Services Drainage Improvements for Pecan Park Estates Colleyville, Texas Dear Mr. Escobar: Alliance Geotechnical Group (Alliance) is pleased to submit this proposal for construction materials testing for the above referenced project. We understand we have been selected based on qualifications in accordance with the Professional Services Procurement Act. PROJECT INFORMATION Based on our review of the project plans and specifications, we understand that the project will consist of the following: ♦ Earthwork: ♦ Storm Drain Open Cut Backfill ♦ Waterline Relocation Open Cut Backfill ♦ Concrete: ♦ Inlets and Aprons ♦ Curb and Gutter ♦ Curb Walls ♦ Flumes ♦ Paving Panel Replacement ♦ Asphalt: ♦ Pavement Cut Out Patches SCOPE OF SERVICES The following scope of services is based on our review of project documents dated February 6, 2024, and is limited to providing testing and/or observations for the previously mentioned construction. We do request that your construction representative provide us with a 24-hour notice for scheduling purposes. As such, we agree to provide the appropriate personnel to perform the below construction materials services. Inspections and Testing for Earthwork Obtain and perform laboratory moisture/density relations (ASTM D698/D1557/D558, TEX- 113-E, TEX-114-E) and soil classification tests (liquid limit, plastic limit, and percent finer than no. 200 sieve analysis) for each soil type Perform in-place moisture/density tests at the rate of 1/ 10,000 square feet for paving areas, 1/2,500 square feet for building areas, 1/ 2,500 square feet for select fill, 1/300 linear feet for utilities, 1/100 linear feet for beam and footing areas, with a minimum of 2 tests per lift per area Inspections and Testing for Concrete Construction Perform reinforcing steel inspection prior to concrete placement (generally the same day unless scope of pour deemed too large by AGG) for conformance with project plans and reviewed shop drawings During concrete pours, for each intended use, AGG shall sample concrete from the first concrete truck on each day of concrete pouring and a minimum of one truck every 150 cubic yards thereafter. Perform testing and inspections during concrete placements, which will include: collect a copy of the batch ticket and verify mix design matches reviewed submittal collect a sample in accordance with ASTM C172 perform slump test in accordance with ASTM C143 perform air content test in accordance with ASTM C231 or ASTM C173 perform unit weight test in accordance with ASTM C138 record concrete temperature in accordance with ASTM C1064 fabricate cylinders molded and standard-cured in accordance with ASTM C31; either four 6” x 12” or five 4” x 8” perform compression testing in accordance with ASTM C39 COMPENSATION While testing is dependent on the construction sequence, contractor performance and efficiency, weather conditions, and the actual testing performed, we suggest an estimated budget of $16,525.00. The invoicing for this project will use the attached Fee Schedule and the actual quantity of work performed. The estimated budget will not be exceeded without prior approval. The City of Colleyville and Alliance Geotechnical Group may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. Services provided by Alliance will be consistent with the engineering standards prevailing at the time and in the area that the work is performed; no other warranty, express or implied, is intended. Please indicate your approval of the proposal by signing below acceptance form and returning. Any modifications to the attached language must be accepted by both parties. We appreciate the opportunity to provide you with our services. If you have any questions or wish to discuss any aspect of our proposal, please call us. Following your authorization, we are ready to begin work and look forward to a successful project. Sincerely, Alliance Geotechnical Group Alex C. Cionca, CET Michael T. Anthony, E.I.T. Project Manager Project Manager Attachments: Fee Schedule Estimated Quantities Acceptance Form Remarks Alliance Geotechnical Group Pecan Park Estates (P24-0310C) PROJECT DATA SHEET - BUDGET Concrete 1000 Concrete Technician 48.00 $2,880.00 @ $60.00 1008 Concrete Test Cylinder Pick Up Charge 10.00 $2,250.00 @ $225.00 ASTM C39 Compressive Strength of Cylindrical Concrete Specimens 48.00 $1,440.00 @ $30.00 $6,570.00Concrete Budget: Asphalt 1600 HMAC Inspection, Roadway Level 1B 8.00 $680.00 @ $85.00 $680.00Asphalt Budget: Misc 1306 Senior Project Manager 15.00 $2,250.00 @ $150.00 1322 Vehicle Trip Charge 22.00 $1,320.00 @ $60.00 $3,570.00Misc Budget: Soils 1400 Nuclear Gauge Certified Technician to Perform Soils Density Testing 48.00 $3,360.00 @ $70.00 1408 Material Sampling for In-Lab Testing 4.00 $280.00 @ $70.00 ASTM D1140 Material in Soils Finer than No. 200 Sieve 3.00 $225.00 @ $75.00 ASTM D4318 Liquid Limit, Plastic Limit, and Plasticity Index of Soils 3.00 $225.00 @ $75.00 ASTM D6938 In-Place Density and Water Content of Soil and Soil-Aggregate by Nuclear Methods 40.00 $1,000.00 @ $25.00 ASTM D698 Laboratory Compaction Characteristics of Soil Using Standard Effort 3.00 $615.00 @ $205.00 $5,705.00Soils Budget: $16,525.00Total Budget: CME ACCEPTANCE FORM Date: March 6, 2024 AGG Cost Estimate No: P24-0310C Project Name: Drainage Improvements For Pecan Park Estates CME Estimate: $ 16,525.00 Project City: Colleyville, Texas *Highlighted Areas Must Be Filled Out* CLIENT:ATTN: ADDRESS: EMAIL: CITY/STATE/ZIP: PHONE/FAX: OWNER OF PROPERTY: ADDRESS: CITY/STATE/ZIP: PROJECT LEGAL DESCRIPTION: PROJECT COUNTY: The undersigned hereby accepts all the Terms and Conditions set forth in this cost estimate and warrants that he/she has full authority to bind the Client. Payment Terms: Net Within 30 days in Dallas, Texas. No reports will be issued until we have a signed contract, purchase order or Letter of Authorization to proceed in our office. Signed contract, purchase order or Letter of Authorization to proceed must be received within 3 days of commencement of services or work stoppage will commence on the 4th day and continue until signed authorization is received in our office. For projects with new clients under $1,000.00, written authorization must be received prior to the start of work and payments must be received before reports are issued. Service for welding certifications and ferroscan work must be paid prior to work or upon arrival to the site to perform the work. Cost Estimate ACCEPTED BY: Signature Title Date Accounts Payable Contact: Name: Phone: Email: Please indicate in the space provided authorized field personnel, along with pager or mobile numbers, who may sign our Field Technician’s time ticket upon completion of our daily work:________________________________________________________________________________ If no names are provided it will be understood no authorized field representative signature was required. REPORT DISTRIBUTION FIRM CONTACT NAME EMAIL REMARKS Services and fees not listed above will be quoted on request. Invoices will be submitted monthly for services performed. Payment will be due in Dallas within thirty (30) days of receipt of the invoice. Interest will be added to delinquent accounts at a rate of 1.5 percent for each month of delinquency. Payment of the invoices is not contingent on Client’s agreement or acceptance of Alliance Geotechnical Group’s test result or findings. If CLIENT objects to any portion of an invoice or report, it shall notify Alliance Geotechnical Group in writing within ten (10) days from the date of actual receipt of the invoice of the amount and nature of the dispute, and shall timely pay undisputed portions of the invoice. The above unit prices are applicable for one year from the date of this letter and are subject to change without notice thereafter. Next day results for “RUSH” Proctor Tests will be charged at 1.5 times the standard unit prices. The prices above include electronic copies of the report distributed in accordance with the client’s instructions. Additional copies to individuals not listed on acceptance form whether physically or electronically, will be billed at administrative rate. Additional physical copies will be billed at a rate of $.25 per sheet. All field services are charged portal-to-portal, minimum charge of 4 hours per trip (rounded to the nearest whole hour) applies to all field work, U.N.O. All reports are available online via user login at www.alliancerpts.com Dispatch schedule hours are Monday-Friday from 7:00 am to 5:00 pm. Schedule calls made after these hours will be returned in the order received. Please make sure to schedule work in a timely manner (a minimum of 24 hours in advance) if you want Alliance to guarantee a technician on-site at the desired time. Dispatch phone number is 817-595-4565. Note: You must reference Alliance’s job project number to schedule services. If project number is unknown please reference cost estimate number shown on the CMT acceptance form. Cancellations will be invoiced for portal to portal times as well as time spent on site awaiting determination of cancellation. This proposal does not include any technician stand-by, non-readiness charges, and/or trips or re-tests of the previous failing tests. Overtime rates of 1.5 times the regular hourly rate will be charged for hours worked over eight (8) hours per day Monday through Friday or any time before 7:00 a.m. or after 5:00 p.m. Service performed on Saturdays and Sundays will be billed at 1.5 times the regular hourly rate. Services performed on recognized holidays will be billed at 2.0 times the regular hourly rate. Waiver of Subrogation – If a Waiver of Subrogation is required by your company, there will be a fee applied to your first invoice. The fee will be a minimum of $300.00 charge or 1% of the contract price plus $50.00, whichever is greater. Alliance Geotechnical Group provides no warranty, either expressed or implied, that the testing provided under this contract satisfies all requirements of the plans and specifications for the project, applicable City specifications, or other governing bodies that may have jurisdiction over the project. No reports will be issued until we have a signed contract, purchase order or Letter of Authorization to proceed in our office. Signed contract, purchase order or Letter of Authorization to proceed must be received within 3 days of commencement of services or work stoppage will commence on the 4th day and continue until signed authorization is received in our office. For projects with new clients under $1000.00 written authorization must be received prior to the start of work and payments must be received before any reports are issued. Service for welding certifications and ferroscan work must be paid prior to work or upon arrival to site to perform the work. PLEASE NOTE: In keeping OSHA Safety regulation, Alliance Geotechnical Group employees will not enter a trench to test that is not in compliance with current OSHA regulations. Delays or cancellations caused by waiting for trench(s) to be brought into compliance will be invoiced on an hourly basis. City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 4c Agenda Date 4/16/2024 Number Resolution R-24-4929 Type Resolution Department Engineering Title Approval of a Construction Services Agreement with Tellus Consulting, for the Preston Manor Project, in an amount not to exceed $95,886.77, a contingency amount not to exceed $20,000.00, and a materials testing amount not to exceed $5,750.00, and authorizing the City Manager to execute the Agreement Explanation Reading and Public Hearing On September 19, 2023, the City Council approved Resolution R-23-4876, adopting the Capital Improvement Program (CIP) Fiscal Year 2024-2028. The CIP includes $95,000 for the Preston Manor Project. Low water pressure is being experienced throughout the Preston Manor Subdivision. The project includes switching the primary water feed to a higher pressure plane. The check valve installation associated with this item will provide for two feeds during an emergency. Public notification of the invitation for bids was advertised in the Fort Worth Star- Telegram on March 3, 10, 17, 24, and 31, 2024. The notice to bidders and bid packet were posted on CivCast for free downloading and distributed to the Dodge Lead Center, BlueBook Building and Construction Network, and Construct Connect, which includes ISqFt, CMD, CDC, and Bid Clerk. Additionally, staff directly notified a list of local contractors who may be interested in the bid opportunity. The project had 55 plan holders, of which 20 were general contractors, 8 sub-contractors, 14 suppliers, 4 plan rooms, 6 others, 2 manufacturers, and 1 engineer. The City received five responsive sealed bids, which were opened and publicly read aloud on April 2, 2024. Financial Impact The funding source for this project is the Capital Utility Fund. Form 1295 - Acknowledged by City Recommendation Approve City of Colleyville Page 2 City Council Agenda Briefing 4c 1.Construction Services Agreement 2.Bid Tabulation 3.Form 1295 Attachments _______________________________________________________________________________ 1 Construction Services Agreement with Tellus Services, LLC (Bid#ENG-2024-010) CONSTRUCTION SERVICES AGREEMENT PRESTON MANOR VALVE VAULT (Bid #ENG-2024-010) This CONSTRUCTION SERVICES AGREEMENT (“Agreement”) is made as of the Effective Date by and between Tellus Services, LLC, a Texas Limited Liability Company, hereinafter called "Contractor", and the City of Colleyville, Texas, hereinafter called "City". RECITALS WHEREAS, City desires Contractor to perform certain work and services set forth in Section 1, below; and WHEREAS, Contractor has expressed a willingness to perform said work and services, hereinafter referred to only as "services", specified in the Contract Documents and Section 1 of this Agreement. NOW, THEREFORE, for and in consideration of the covenants and promises made one to the other herein, City and Contractor agree as follows: Section 1. Scope of Services Upon issuance of a written notice to proceed by City, Contractor agrees to provide to City the necessary services, labor, materials, equipment, and supplies to perform the Preston Manor Valve Vault (the “Project”), such services being more fully described herein and pursuant to the plans and specifications identified in the Contract Documents (defined below). Section 2. Term of Agreement The term of this Agreement shall begin on the last date of execution hereof (the “Effective Date”) and shall continue until Contractor completes the services required herein to the satisfaction of City and has been paid in full by City, unless sooner terminated in conformance with this Agreement. Section 3. Contract Documents (a)This Agreement is a part of the “Contract Documents”, which include: (1)This Agreement, including all exhibits and addenda hereto; (2)City’s plans, specifications, and all other contract documents for the Project contained in City’s Bid #ENG-2024-010; (3)City’s written notice(s) to proceed to the Contractor; (4)Properly authorized change orders; (5)Contractor’s Bid Proposal (“Proposal” and/or “Response”); and (6)Any other materials distributed by the City that relate to the Project. In the event there exists a conflict between any term, provision, and/or interpretation of the Contract Documents, the documents shall take precedent and control in the order listed above in this section (which shall supersede any conflicting provision concerning priority of contract documents contained in the Bid Packet). If discrepancies are found that may impact Contractor’s performance of the services for the Project, it shall be the Contractor’s obligation to seek clarification as to which requirements or provisions control before undertaking any work on that component of the Project. Should the Contractor fail or refuse to seek a clarification of such conflicting or inconsistent requirements or provisions prior to any work on that component of the Project, the Contractor shall be solely responsible for the costs and expenses - including additional time - necessary to cure, repair and/or correct that component of the Project. _______________________________________________________________________________ 2 Construction Services Agreement with Tellus Services, LLC (Bid#ENG-2024-010) Section 4. Contractor Obligations (a) Performance of Services. To the extent reasonably necessary for Contractor to perform the services under this Agreement, Contractor shall be authorized to engage the services of any agents, assistants, persons, or corporations that Contractor may deem proper to aid or assist in the performance of the services under this Agreement with the prior written approval of City. The cost of such personnel and assistance shall be a reimbursable expense to Contractor only if authorized in writing in advance by City. Unless otherwise agreed, Contractor shall provide and pay for all materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and all water, light, power, fuel, transportation and all other facilities necessary for the execution and completion of the Project. (b) Quality Materials. Contractor shall be responsible for the professional quality, technical accuracy, and the coordination of all materials, construction, installation and other services furnished by Contractor under this Agreement. Unless otherwise specified in writing by City, all materials shall be new and both workmanship and materials shall be of a good quality. Contractor shall, if required, furnish satisfactory evidence as to the kind and quality of materials. Materials or work described in the Contract Documents that, so applied, have well known, technical or trade meaning shall be held to refer to such recognized standards. Contractor shall, without additional compensation, correct or revise any errors or deficiencies in the installation and construction of the Project components to conform as shown in the Project drawings and specifications. (c) Additional Services. All minor details of the work not specifically mentioned in the Contract Documents but obviously necessary for the proper completion of the work, such as the proper connection of new work to old, shall be considered as incidental to and a part of the work for which the prices are set forth in this Agreement. Contractor will not be entitled to any additional compensation therefor unless specifically stated otherwise. Should City require additional services not included under this Agreement, Contractor shall make reasonable effort to provide such additional services at mutually agreed charges or rates, and within the time schedule prescribed by City, and without decreasing the effectiveness of the performance of services required under this Agreement. The terms "extra work" and “additional services” as used in this Agreement shall be understood to mean and include all work that may be required by City to be done by Contractor to accomplish any alteration or addition to the work as shown on the Project plans and drawings. It is agreed that Contractor shall perform all extra work under the direction of the City's representative when presented with a written work/change order signed by the City’s representative, subject, however, to the right of Contractor to require written confirmation of such extra work order by City. No claims for extra services, additional services or changes in the services whatsoever, including any change in pricing or time for performance related to the services will be made by Contractor without first obtaining the City’s written agreement and approval of a work/change order reflecting the same. (d) Independent Contractor. It is understood and agreed by and between the parties that Contractor, while performing under this Agreement, is acting independently, and that City assumes no responsibility or liabilities to any third party in connection with Contractor’s acts or omissions. All services to be performed by Contractor pursuant to this Agreement shall be in the capacity of an independent contractor, and not as an agent or employee of City. Contractor shall supervise the performance of its services and shall be entitled to control the manner and means by which its services are to be performed, subject to the terms of this Agreement. There is no intended third-party beneficiary to this Agreement. (e) Inspection of Records. Contractor grants City and its designees the right to audit, examine, or inspect, at City’s election, all of Contractor's Records relating to the performance of services under this Agreement, during the term of the Agreement and any retention period herein. City’s audit, examination, or inspection of Contractor’s Records may be performed by a City designee, which may include its internal auditors or an outside representative engaged by City. Contractor agrees to retain Contractor’s Records for _______________________________________________________________________________ 3 Construction Services Agreement with Tellus Services, LLC (Bid#ENG-2024-010) a minimum of four (4) years following termination of the Agreement, unless there is an ongoing dispute under the contract; then, such retention period shall extend until final resolution of the dispute. "Contractor's Records" shall include any and all information, materials and data of every kind and character generated as a result of the services under this Agreement. City agrees that it will exercise its right to audit, examine or inspect Contractor’s Records only during regular business hours unless City has provided advance written notice of an alternate time. Contractor agrees to allow City and its designees access to all of Contractor's Records, Contractor's facilities and the current or former employees of Contractor, deemed necessary by City or its designee(s), to perform such audit, inspection, or examination. (f) Certification of No Conflicts. Contractor hereby warrants to the City that Contractor has made full disclosure in writing of any existing or potential conflicts of interest related to Contractor's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Contractor hereby agrees immediately to make full disclosure to the City in writing. (g) No Waiver of City’s Rights. Neither City’s review, approval or acceptance of, nor payment for any of the materials or services required under this Agreement, shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action arising out of the performance of this Agreement, and Contractor shall be and remain liable to City in accordance with applicable law for all damages to City caused by Contractor’s negligent performance of any of the services furnished under this Agreement. (h) Rights-of-Access. City will endeavor to provide such rights of access on any project site as may be reasonably necessary for Contractor to perform any required preliminary site studies, surveys, tests, or other necessary investigations prior to mobilization for the Project. Contractor will take all necessary and reasonable precautions to minimize damage to all personal and real property in the performance of such surveys, tests, studies and investigations. (i) Storm Water Management. When performing or delivering services at or upon any property owned, leased, or managed by the City, or in performance of any services or other acts on behalf of, or at the direction of the City (regardless of location), Contractor shall at all times comply with (i) the City’s Storm Water Management and Discharge Control provisions codified in Chapter 42 of the Colleyville Municipal Code, as amended, (ii) all applicable Minimum Best Management Practice requirements, as defined by the Texas Commission on Environmental Quality, and (iii) any Storm Water Pollution Prevention Plan (SWPPP) applicable to the worksite. Regardless of the applicability of the foregoing regulations, CONTRACTOR SHALL AT ALL TIMES BE RESPONSIBLE FOR IMPLEMENTING SUCH CONTROLS AS MAY BE REASONABLY NECESSARY TO MINIMIZE ANY NEGATIVE IMPACT TO THE STORM WATER COLLECTION SYSTEM OR ENVIRONMENT AND SHALL FOLLOW ALL STATE AND LOCAL ILLICIT DISCHARGE REPORTING PROCEDURES IN THE EVENT OF AN OCCURRENCE OR DISCHARGE. (j) Compliance with Laws. Contractor shall comply with all laws, ordinances, rules, policies, orders, directives, and other regulations governing Contractor’s performance of this Agreement. Section 5. Payment (a) Compensation. City agrees to pay Contractor for all services authorized in writing and properly performed by Contractor in a total amount not to exceed ONE HUNDRED AND FIFTEEN THOUSAND, EIGHT HUNDRED AND EIGHTY-SIX DOLLARS AND SEVENTY-SEVEN CENTS ($115,886.77) (“Contract Price”), subject to additions or deletions for change orders and/or extra work agreed upon in writing. (b) Method of Payment. Unless otherwise agreed by the parties in writing, payment to Contractor shall be monthly based on a monthly progress report and detailed monthly itemized statement _______________________________________________________________________________ 4 Construction Services Agreement with Tellus Services, LLC (Bid#ENG-2024-010) for services submitted by Contractor that shows the names of the Contractor’s employees, agents, or subcontactors performing the services, the time worked, the actual services performed, and the rates charged for such services, in a form acceptable to City. City shall pay such monthly statements within thirty (30) days after receipt of a completed submission and City’s verification of the services performed. (c) Schedule of Values and Application for Payment. City may deduct from any amounts due or to become due to Contractor any sum or sums owing by Contractor to City. In the event of any breach by Contractor of any provision or obligation of this Agreement, or in the event of the assertion by any third-party of a claim or lien against City, or the City’s premises, arising out of Contractor’s performance under this Agreement, City shall have the right to retain out of any payments due or to become due to Contractor an amount sufficient to completely protect the City from any and all loss, damage or expense therefrom, until the breach, claim, or lien has been satisfactorily remedied by Contractor. Additionally, City may, on account of subsequently discovered evidence, withhold the whole or part of any payment to such extent as may be necessary to protect itself from loss on account of: (1) defective work not remedied; (2) claims filed or reasonable evidence indicating possible filing of claims; (3) failure of Contractor to make payments promptly to subcontractors or for material or labor which City may pay as an agent for the Contractor; or (4) damages to another contractor or subcontractor. When the above grounds are removed, or Contractor provides a letter of credit, or similar guaranty satisfactory to City (to be determined in City’s sole discretion) which will protect City in the amount withheld because of said grounds, City will release the amounts withheld. Section 6. Performance Schedule (a) Time for Performance. Contractor shall perform all services as provided for under this Agreement in a proper, efficient, timely, and professional manner in accordance with City’s requirements. The time for performance under this Agreement is ninety (90) calendar days. Accordingly, Contractor shall complete all work related to the Project on or before ninety (90) calendar days following the date of City’s written notice to proceed to Contractor. (b) Extensions; Written Request Required. No allowance of any extension of time, for any cause whatever (including an event of Force Majeure), shall be claimed by or granted to Contractor, unless (i) Contractor shall have made written request to City for such extension within forty-eight (48) hours after the cause for such extension occurred, and (ii) City and Contractor have agreed in writing that such additional time shall be granted. As used in this section, the term “Force Majeure” shall mean that Contractor’s performance of the services under this Agreement is prevented or delayed, in whole or in part, to such an extent that Contractor would not be able to complete the services (or any partial component thereof) within the time for performance set forth herein by reason of or through work strikes, stoppage of labor, riot, fire, flood, acts of war, insurrection, court judgment, act of God, pandemic, or other specific cause reasonably beyond Contractor’s control and not attributable to its malfeasance, neglect or nonfeasance. Should Contractor timely request an extension of time due to an event of force majeure under this section, City and Contractor may agree in writing to suspended Contractor’s performance until such disability to perform (other than a payment obligation) is removed; provided, that Contractor shall use commercially reasonable efforts to remove any such causes and resume performance of the services under this Agreement as soon as reasonably practicable. (c) Costs of Delay. Contractor understands and agrees that time is of the essence of this contract, and that for each day of delay beyond the number of calendar days agreed upon for the completion of the work herein specified and contracted for (after due allowance for such extension of time as may _______________________________________________________________________________ 5 Construction Services Agreement with Tellus Services, LLC (Bid#ENG-2024-010) otherwise be provided for extension of time herein), the Owner may withhold permanently from the Contract Price an amount equal to $1,500.00 per day, which the parties agree represents a reasonable estimation of the actual costs that would be incurred by the City in the event of such delay. In the event Contractor's performance under this Agreement is delayed or interfered with, regardless of reason, Contractor shall not be entitled to any increase in fee or price, or to damages or additional compensation as a consequence of such delays. Section 7. Ownership of Project; Bill of Sale; No Liens (a) Title of Ownership. Contractor warrants that title to all services, including all equipment and materials incorporated into the Project, will pass to City no later than the time of final payment. Contractor further warrants that upon payment by City, all services for which payments have been received from City shall be free and clear of liens, claims, security interests or other encumbrances in favor of Contractor or any other person or entity whatsoever. (b) Assignment; Bill of Sale. Contractor agrees, no later than the time of completion of the Project, to assign to City all manufacturer’s warranties relating to equipment, materials and labor used in the Project and further agrees it will at all times perform the services in a manner that will, to the greatest extent possible, preserve all manufacturer’s warranties. If necessary as a matter of law, Contractor may retain the right to enforce directly any such manufacturers’ warranties during the one year period following the date of acceptance of the Project by City; provided, that City’s rights related to the same shall not be subordinate to Contractor’s enforcement rights. CONTRACTOR AGREES TO INDEMNIFY, DEFEND, AND SAVE CITY HARMLESS FROM ALL CLAIMS RELATED TO ANY DEMANDS OF SUBCONTRACTORS, LABORERS, WORKMEN, MECHANICS, MATERIALMEN, AND SUPPLIERS OF MACHINERY AND PARTS THEREOF, EQUIPMENT, POWER TOOLS, ALL SUPPLIES ARISING OUT OF THE PERFORMANCE OF THIS AGREEMENT. CONTRACTOR SHALL FURNISH SATISFACTORY EVIDENCE THAT ALL OBLIGATIONS DESCRIBED HEREIN HAVE BEEN PAID, DISCHARGED OR WAIVED UPON CITY’S WRITTEN REQUEST. Section 8. Default; Termination; Abandonment (a) Default; Notice to Cure. A party shall be deemed in default under this Agreement if the party is in breach of a material provision of this Agreement and said breach is not cured within ten (10) days written notice of default by the other party. In the event the breaching party has notified the other party in writing that it is diligently working to cure the breach and has provided reasonable evidence in support of the same, the breaching party shall not be deemed in default until the thirtieth (30th) day following the non-breaching party’s notice of default. (b) Default by Contractor. In addition to default under Section 7(a) above, Should Contractor fail to comply with any term or condition this Agreement applicable to Contractor, or become disabled and unable to comply with any provisions of this Agreement related to the quality or character of the services or time of performance, Contractor shall be deemed in default of this Agreement. If such default is not corrected within ten (10) days after written notice by City to Contractor, City may, at its sole discretion and without prejudice to any other right or remedy: (1) terminate this Agreement and be relieved of any further payment or consideration to Contractor except for all services determined by City to be satisfactorily completed prior to such termination. Payment for work satisfactorily completed shall be for actual costs incurred and non-refundable, including reasonable salaries and travel expenses of Contractor to and from meetings called by City at which Contractor is required to attend, but shall not include any loss of profit of Contractor. City may further proceed to complete _______________________________________________________________________________ 6 Construction Services Agreement with Tellus Services, LLC (Bid#ENG-2024-010) the services in any manner deemed proper by City, either by the use of its own forces or by resubletting to others; or (2) City may, without terminating this Agreement or taking over the services, furnish the necessary materials, equipment, supplies and/or help necessary to remedy the situation, at Contractor’s sole expense. (b) Suspension or Termination by City. City may suspend or terminate this Agreement for cause or without cause at any time by giving written notice to Contractor. In the event suspension or termination is without cause, payment to Contractor, in accordance with the terms of this Agreement, will be made based on services reasonably determined by City to be satisfactorily performed as of the date of suspension or termination. Such payment will become payable upon delivery of all instruments of service to City and City’s acceptance of the same. If City requires a modification of the services under this Agreement, and in the event City and Contractor fail to agree upon such modification(s), City shall have the option of terminating this Agreement and Contractor's services hereunder at no additional cost other than the payment to Contractor in accordance with the terms of this Agreement for the services reasonably determined by City to be properly performed prior to such termination date. (c) Abandonment. If Contractor should abandon and fail or refuse to resume work within ten (10) days after written notification from the City, or if Contractor fails to timely comply with the orders of the City, when such orders are consistent with the Contract Documents, then, and in that case, where a performance bond(s) exists, the surety on the bond(s) may be notified in writing by City and directed to complete the work (at City’s sole discretion), and a copy of said notice shall be delivered to Contractor. After receiving said notice of abandonment, Contractor shall not remove from the work any machinery, equipment, tools, materials or supplies then on the job, but the same, together with any materials and equipment under contract for the work, may be held for use on the work by the City or the surety on the performance bond, or another Contractor in completion of the work; and Contractor shall not receive any rental or credit therefor, having hereby acknowledged that the use of such equipment and materials will ultimately reduce the cost to complete the work and be reflected in the final settlement. In the event a surety fails to comply with City’s written notice provided for herein, then the City may provide for completion of the work in either of the following elective manners: (1) the City may employ such labor and use such machinery, equipment, tools, materials and supplies as said City may deem necessary to complete the work and charge the expense of such labor, machinery, equipment, tools, materials and supplies to Contractor, which shall be deducted and paid by City out of such amounts as may be due, or that may thereafter at any time become due to the Contractor under this Agreement. In case such expense is less than the sum which would have been payable under this Agreement if the same had been completed by the Contractor, then Contractor shall receive the difference. In case such expense is greater than the sum which would have been payable under this Agreement if the same had been completed by said Contractor, then the Contractor and/or its surety (ies) shall pay the amount of such excess to the City; or (2) the City may (under sealed bids when and in the manner required by law) let the contract to another Contractor for the completion of the work under substantially the same terms and conditions which are provided in this Agreement. In the case of any increase in cost to the City under the new contract as compared to what would have been the cost under this Agreement, such increase shall be charged to the Contractor and its surety (ies) shall be and remain bound therefor. However, should the cost to complete any such new contract prove to be less than what would have been the cost to complete under this Agreement, the Contractor and/or its surety (ies) shall be credited therewith. _______________________________________________________________________________ 7 Construction Services Agreement with Tellus Services, LLC (Bid#ENG-2024-010) (d) Remedies Cumulative. The remedies in this section are cumulative and nothing herein shall be deemed a waiver of any other remedy available to the City under this Agreement, including its remedies upon default provided herein above. Section 9. Insurance Contractor shall during the term hereof maintain in full force and effect all policies of insurance reasonably required by City and in compliance with the Contract Documents. Contractor’s obligation to provide acceptable certificates of insurance is a material condition of this Agreement, and services under this Agreement shall not commence until certificates of insurance have been received, reviewed, and accepted by City. The minimum coverages and limits of liability for the policies of insurance required under this Agreement are maintained by and accessible through the City’s purchasing department. Section 10. Indemnification (a) Release of liability. CITY SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR INJURY OF ANY KIND OR CHARACTER TO ANY PERSON OR PROPERTY ARISING FROM THE SERVICES OF CONTRACTOR PURSUANT TO THIS AGREEMENT. CONTRACTOR HEREBY WAIVES ALL CLAIMS AGAINST CITY, ITS OFFICIALS, OFFICERS, EMPLOYEES, OR AGENTS (COLLECTIVELY REFERRED TO IN THIS SECTION AS “CITY”) FOR DAMAGE TO ANY PROPERTY OR INJURY TO, OR DEATH OF, ANY PERSON ARISING AT ANY TIME AND FROM ANY CAUSE (OTHER THAN THE GROSS NEGLIGENCE OF CITY, IN WHICH CASE CONTRACTOR SHALL WAIVE ALL CLAIMS TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). (b) Contractor’s Indemnity Obligation. CONTRACTOR AGREES TO INDEMNIFY AND SAVE HARMLESS CITY FROM AND AGAINST ANY AND ALL LIABILITIES, DAMAGES, CLAIMS, SUITS, COSTS (INCLUDING COURT COSTS, REASONABLE ATTORNEYS’ FEES AND COSTS OF INVESTIGATION) AND ACTIONS OF ANY KIND BY REASON OF INJURY TO OR DEATH OF ANY PERSON OR DAMAGE TO OR LOSS OF PROPERTY TO THE EXTENT CAUSED BY CONTRACTOR’S PERFORMANCE OF SERVICES UNDER THIS AGREEMENT OR BY REASON OF ANY NEGLIGENT ACT OR OMISSION ON THE PART OF CONTRACTOR, ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS (EXCEPT WHEN SUCH LIABILITY, CLAIMS, SUITS, COSTS, INJURIES, DEATHS OR DAMAGES ARISE, IN WHOLE OR IN PART, FROM OR ARE ATTRIBUTED TO THE GROSS NEGLIGENCE OF CITY, IN WHICH CASE CONTRACTOR SHALL INDEMNIFY CITY ONLY TO THE EXTENT OR PROPORTION OF NEGLIGENCE ATTRIBUTED TO CONTRACTOR AND/OR ITS OFFICERS, DIRECTORS, SERVANTS, EMPLOYEES, REPRESENTATIVES, CONSULTANTS, LICENSEES, SUCCESSORS OR PERMITTED ASSIGNS AS DETERMINED BY A COURT OR OTHER FORUM OF COMPETENT JURISDICTION). (c) Notice of Claim(s). Contractor shall promptly advise City in writing of any claim or demand against the City, related to or arising out of Contractor’s acts or omissions under this Agreement and shall see to the investigation and defense of such claims or demand at Contractor’s sole cost and expense; provided, that City, at its option and at its own expense, may participate in such defense without relieving Contractor of any of its obligations hereunder. CONTRACTOR’S OBLIGATIONS UNDER THIS SECTION SHALL NOT BE LIMITED TO THE LIMITS OF COVERAGE OF INSURANCE MAINTAINED OR REQUIRED TO BE MAINTAINED BY _______________________________________________________________________________ 8 Construction Services Agreement with Tellus Services, LLC (Bid#ENG-2024-010) CONTRACTOR UNDER THIS AGREEMENT. THE PROVISIONS OF THIS SECTION 10 SHALL SURVIVE TERMINATION OF THIS AGREEMENT. Section 11. Notice All notices required by this Agreement shall be in writing and addressed to the parties at the addresses set forth on the signature page(s) of this Agreement (or to such other address that may be designated by the receiving party from time to time in accordance with this section). All notices shall be delivered by (a) personal delivery, (b) certified or registered mail (in each case, return receipt requested, postage prepaid), (c) nationally recognized overnight courier (with all fees pre-paid), or (d) email of a pdf document containing the required notice. Such notice or document shall be deemed to be delivered or given, whether actually received or not, (i) when received if delivered or given in person, (ii) if sent by United States mail, three (3) business days after being deposited in the United States mail as set forth above, (iii) on the next business day after the day the notice or document is provided to a nationally recognized carrier to be delivered as set forth above, or (iv) if sent by email, the next business day. A confirmation of delivery report which reflects the time that the email was delivered to the recipient’s last notified email address is prima facie evidence of its receipt by the recipient, unless the sender receives a delivery failure notification, indicating that the email has not been delivered to the recipient. Section 12. Sales and Use Taxes Contractor understands and acknowledges that City is a governmental entity and exempt from the payment of sales and use taxes for certain materials and equipment conveyed to City as part of this Project or otherwise incorporated into the Project. City agrees to provide Contractor such documentation as may otherwise be required by state law to allow Contractor to avoid payment of sales and uses taxes for materials and equipment with respect to the Project to the extent allowed by law. Section 13. Texas Government Code Verifications Contractor’s execution of this Agreement shall serve as its acknowledgement and written verification that: (i) the requirements of Subchapter J, Chapter 552, Government Code, apply to this Agreement and Contractor agrees that the Agreement can be terminated if Contractor knowingly or intentionally fails to comply with a requirement of that subchapter; (ii) pursuant to Texas Government Code Chapter 2270, that Contractor’s organization does not presently boycott Israel and will not boycott Israel during the term of this Agreement; and (iii) pursuant to Texas Government Code Chapter 2251, that Contractor’s organization does not current discriminate against firearm and ammunition industries and will not for the term of the contract. Discriminating means refusing to deal with, terminating business activities with, or otherwise taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations specifically with the firearm or ammunition industry or with a person or entity doing business in the firearm or ammunition industry, but does not include an action made for ordinary business purposes. Section 14. Miscellaneous (a) Contractor shall not assign or sublet this Agreement, in whole or in part, without the prior written consent of City. (b) Contractor shall comply with all federal, state, county and municipal laws, ordinances, resolutions, regulations, rules, policies, orders, and directives applicable to the services under this Agreement. (c) The laws of the State of Texas shall govern this Agreement; and venue for any action concerning this Agreement shall be in the state district courts of Tarrant County, Texas. The parties agree to submit to the personal and subject matter jurisdiction of said courts. (d) This Agreement contains the entire understanding of the parties with respect to the subject matter hereof and there are no oral understandings, statements or stipulations bearing upon the meaning or effect of this Agreement which have not been incorporated herein. (e) The exhibits attached hereto, if any, are incorporated herein and _______________________________________________________________________________ 9 Construction Services Agreement with Tellus Services, LLC (Bid#ENG-2024-010) made a part hereof for all purposes. (f) Unless expressly provided otherwise herein, this Agreement may only be modified, amended, supplemented or waived by a mutual written agreement of the parties. (g) In the event any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provisions, and the Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in it. (h) Any of the representations and obligations of the parties, as well as any rights and benefits of the parties pertaining to a period of time following the termination of this Agreement shall survive termination. (i) This Agreement may be executed by the parties in separate counterparts, each of which when so executed and delivered shall be an original, but all such counterparts shall together constitute one and the same instrument. Each counterpart may consist of any number of copies hereof each signed by less than all, but together signed by all of the parties. (j) Each party represents that it has full capacity and authority to grant all rights and assume all obligations granted and assumed under this Agreement. (k) Subject to the provisions regarding assignment, this Agreement shall be binding on and inure to the benefit of the parties to it and their respective heirs, executors, administrators, legal representatives, successors and assigns. [REMAINDER OF PAGE LEFT BLANK INTENTIONALLY – SIGNATURES ON FOLLOWING PAGE(S)] _______________________________________________________________________________ 10 Construction Services Agreement with Tellus Services, LLC (Bid#ENG-2024-010) IN WITNESS WHEREOF, the parties have executed and delivered this Agreement as of the Effective Date. For City: CITY OF COLLEYVILLE, TEXAS By: Jerry Ducay City Manager Date: For Contractor: TELLUS SERVICES, LLC By: Joshua Coonrod Area Manager Date: Notice Address: City of Colleyville Attn: City Manager 100 Main Street, 3rd Floor City of Colleyville, Texas 76034 E: jducay@colleyville.com ATTEST: By: Christine Loven City Secretary Date: Notice Address: Tellus Services, LLC Attn: Joshua Coonrod, Area Manager P.O. Box 53136 Midland, Texas 79710 E: joshua@tellusservices.com GovDox Colleyville Contract ID: CSA_ED_April 16, 2024_Rev20230112 Unit Total Unit Total Unit Total Unit Total Unit Total1 Mobilization LS 1.00$10,000.00 $10,000.00 $15,000.00 $15,000.00 $8,500.00 $8,500.00 $10,000.00 $10,000.00 $8,000.00 $8,000.002 Demolition, excavation, and subgrade preparation as required for construction of the auto flusher assembly and the check valve vault, for the lump sum of:LS 1.00 $14,481.13 $14,481.13 $25,000.00 $25,000.00 $9,500.00 $9,500.00 $22,000.00 $22,000.00 $15,600.00 $15,600.003 Furnish and install flowable backfill, complete in place, for the cost per cubic yard of:CY 20.00 $318.60 $6,372.00 $650.00 $13,000.00 $200.00 $4,000.00 $375.00 $7,500.00 $300.00 $6,000.004 Furnish and install the auto flusher assembly, complete in place, for the cost per each of:EA 1.00 $8,616.81 $8,616.81 $18,000.00 $18,000.00 $13,000.00 $13,000.00 $23,000.00 $23,000.00 $70,000.00 $70,000.005 Furnish and install the 2” Endotrace HDPE piping including service saddle, valve box, 2” angle valve, meter box, bends, fittings, joint restraints, thrust blocking, embedment, backfill, and all necessary appurtenances, complete in place, for the cost per linear foot of:LF 20.00 $50.00 $1,000.00 $650.00 $13,000.00 $550.00 $11,000.00 $1,295.00 $25,900.00 $320.00 $6,400.006 Furnish and install the precast check valve vault and hatch, backfill, and all necessary appurtenances, complete in place, for the cost per each of:EA 1.00 $14,579.51 $14,579.51 $21,500.00 $21,500.00 $51,400.00 $51,400.00 $29,000.00 $29,000.00 $25,000.00 $25,000.007 Furnish and install the 8" swing check valve, complete in place, for the cost per each of:EA 1.00 $5,543.00 $5,543.00 $12,500.00 $12,500.00 $6,207.00 $6,207.00 $23,000.00 $23,000.00 $70,000.00 $70,000.00City of Colleyville Preston Manor Check ValveID: ENG-2024-010Bid Tabulation April 2, 2024Tellus Consulting Willco Underground LLC. Rey-Mar Construction Acadia Services LLC Canary Construction, Inc.Item Description Unit QTY Unit Total Unit Total Unit Total Unit Total Unit TotalTellus Consulting Willco Underground LLC. Rey-Mar Construction Acadia Services LLC Canary Construction, Inc.Item Description Unit QTY8 Furnish and install the 8" gate valves, complete in place, for the cost per each of:EA 2.00 $3,268.08 $6,536.16 $3,000.00 $6,000.00 $3,300.00 $6,600.00 $8,100.00 $16,200.00 $6,000.00 $12,000.009 Furnish and install the 8" restrained unions, complete in place, for the cost per each of:EA 2.00 $3,618.08 $7,236.16 $2,250.00 $4,500.00 $1,250.00 $2,500.00 $6,800.00 $13,600.00 $4,000.00 $8,000.0010 Furnish and install the 8" ductile iron piping including pressure gauge assemblies with ball valves, bends, fittings, joint restraints, thrust blocking, embedment, backfill, and all necessary appurtenances, complete in place, for the cost per linear foot of:LF 20.00 $400.00 $8,000.00 $180.00 $3,600.00 $930.00 $18,600.00 $220.00 $4,400.00 $256.00 $5,120.0011 Pavement and sidewalk repair, including backfill and compaction, complete in place, for the cost per square foot of:SF 200.00 $45.11 $9,022.00 $35.00 $7,000.00 $45.00 $9,000.00 $93.00 $18,600.00 $30.00 $6,000.0012 Furnish and install grass seed, sod, and mulch, complete in place, for the cost per square foot of:SF 4,000.00 $0.20 $800.00 $5.00 $20,000.00 $5.00 $20,000.00 $4.00 $16,000.00 $4.00 $16,000.0013 Traffic control, for the lump sum of:LS 1.00 $2,500.00 $2,500.00 $3,000.00 $3,000.00 $7,700.00 $7,700.00 $9,500.00 $9,500.00 $1,500.00 $1,500.0014 Erosion control, for the lump sum of:LS 1.00 $950.00 $950.00 $5,000.00 $5,000.00 $2,000.00 $2,000.00 $1,800.00 $1,800.00 $1,500.00 $1,500.0015 Trench safety system, design and implementation as required by the Occupational Safety and Health Administration, for the cost per linear foot of:LF 250.00 $1.00 $250.00 $10.00 $2,500.00 $7.00 $1,750.00 $2.00 $500.00 $2.00 $500.00$95,886.77 $169,600.00 $171,757.00 $221,000.00 $251,620.0016 Owner's Contingency LS 20,000.00 $1.00 $20,000.00 $1.00 $20,000.00 $1.00 $20,000.00 $1.00 $20,000.00 $1.00 $20,000.00$115,886.77 $189,600.00 $191,757.00 $241,000.00 $271,620.00Grand Total Including ContingencySub Totals Controlling Name of Interested Party4 Nature of interest City, State, Country (place of business) Intermediary (check applicable) CERTIFICATE OF INTERESTED PARTIES 1295FORM 1 of 1 1 OFFICE USE ONLY 2 04/05/2024 Complete Nos. 1 - 4 and 6 if there are interested parties. Complete Nos. 1, 2, 3, 5, and 6 if there are no interested parties. Name of business entity filing form, and the city, state and country of the business entity's place of business. Tellus Services Midland, TX United States Name of governmental entity or state agency that is a party to the contract for which the form is being filed. Provide the identification number used by the governmental entity or state agency to track or identify the contract, and provide a description of the services, goods, or other property to be provided under the contract. 3 City of Colleyville Utility Construction ENG-2024-010 2024-1143076 04/09/2024 Date Filed: Date Acknowledged: Certificate Number: CERTIFICATION OF FILING 6 Signature of authorized agent of contracting business entity My name is _______________________________________________________________, UNSWORN DECLARATION Check only if there is NO Interested Party.5 X My address is _______________________________________________, _______________________, and my date of birth is _______________________. Executed in ________________________________________County, I declare under penalty of perjury that the foregoing is true and correct. (street)(state) (zip code) (country) (year)(month) _______, ______________, _________. State of ________________, on the _____day of ___________, 20_____. (city) (Declarant) Version V3.5.1.5b35d027www.ethics.state.tx.usForms provided by Texas Ethics Commission City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number Agenda Date 4/16/2024 Type Report Department Finance Title Monthly Financial Report - March 2024 Explanation Finance Director Matt Poston will present the monthly financial report for March 2024. Attachments 1. Monthly Financial Report March 2024 Presentation 2. March 2024 Monthly Budget vs Actual Report Monthly Financial Report March 2024 City Council Meeting April 16, 2024 5a - Items not for council action 1 General Fund Performance 2 FY 23/24 Budget FY 23/24 YTD % of Budget FY 22/23 YTD FY 22/23 % of Budget Revenues $ 28,554,942 $ 22,945,142 80.4% $ 22,443,227 85.6% Expenditures 27,263,762 13,584,505 49.8% 11,822,296 46.7% Total $ 1,291,180 $ 9,360,637 $ 10,620,931 % of year Completed:50.0% % of Budget Spent:49.8% Property Tax Collections 3 FY 23/24 Rate: •M&O – $0.251399 •I&S – $0.009593 Total Rate – $0.260991/$100 FY 23/24 Budget FY 23/24 YTD % of Budget FY 22/23 YTD FY 22/23 % of Budget Current Taxes $ 17,032,634 $ 16,516,880 97.0% $ 15,205,673 96.4% 96.97% 3.03% Cummulative Collections vs. Budget Collected Remaining Sales Tax: Ten-Year History 4 Sales Tax Rate: •State – 6.25% •City – 1.00% •CCCPD – 0.50% •CEDC – 0.50% Total Rate – 8.25% The total local portion of sales tax cannot exceed 2.00%.Millions2013/142014/152015/162016/172017/182018/192019/202020/212021/222022/23$3.0 $3.5 $4.0 $4.5 $5.0 $5.5 Sales Tax Collections Fiscal Year City Collections % Change 2013/14 $3,351,728 9.04% 2014/15 3,456,800 3.13% 2015/16 3,727,508 7.83% 2016/17 3,750,749 0.62% 2017/18 3,898,740 3.95% 2018/19 3,889,583 -0.23% 2019/20 4,200,061 7.98% 2020/21 4,787,850 13.99% 2021/22 5,175,384 8.09% 2022/23 5,275,999 1.94% 10-year Change:$1,924,271 Compound Annual Growth Rate:5.17% City collections (1.00%) only, includes year- end audit adjustment for accrual Sales Tax: Current Year Collections 5 Collections Month Sales Month 2022/23 Actual 2023/24 Actual Increase/ (Decrease)% Change October August $ 419,885 $ 390,305 $ (29,580)-7.0% November September 503,899 488,030 (15,869)-3.1% December October 399,505 382,458 (17,047)-4.3% January November 443,160 443,954 794 0.2% February December 572,573 559,919 (12,654)-2.2% March January 374,024 368,924 (5,100)-1.4% April February 353,491 370,650 17,159 4.9% Total $ 3,066,538 $ 3,004,240 $ (62,298)-2.0% Sales Tax: Comparative Collections 6ThousandsOctoberNovemberDecemberJanuaryFebruaryMarchAprilMayJuneJulyAugustSeptember $250 $300 $350 $400 $450 $500 $550 $600 2018/19 Actual 2019/20 Actual 2020/21 Actual 2021/22 Actual 2022/23 Actual 2023/24 Actual Sales Tax: Benchmark (April Collections) 7 Net Payment This Period Comparable Payment PY % Change Payment YTD PY Payment YTD % Change Bedford $ 1,286,341 $ 1,141,989 12.64% $ 5,340,245 $ 5,178,382 3.13% Colleyville 555,697 529,972 4.85% 2,613,864 2,613,566 0.01% Euless 1,754,604 1,732,074 1.30% 7,850,493 8,179,036 -4.02% Grapevine 4,751,068 4,145,803 14.60% 21,507,696 19,624,880 9.59% Hurst 1,324,233 1,395,576 -5.11% 6,402,287 6,536,455 -2.05% Keller 1,167,652 1,120,363 4.22% 5,265,117 5,190,264 1.44% North Richland Hills 1,453,085 1,406,841 3.29% 6,744,181 6,577,962 2.53% Southlake 2,752,819 2,710,605 1.56% 13,560,985 13,767,940 -1.50% Note: Colleyville Collections above include both City General Fund and CEDC collections Utilities Fund Performance 8 FY 23/24 Budget FY 23/24 YTD % of Budget FY 22/23 YTD FY 22/23 % of Budget Revenues $ 24,102,616 $ 9,033,051 37.5% $ 8,262,678 42.9% Expenditures 24,102,616 9,047,287 37.5% 7,504,286 38.7% Total $ - $ (14,236) $ 758,392 % of year Completed:50.0% % of Budget Spent:37.5% TRA City FY 23/24 Budget FY 23/24 YTD FY 23/24 Budget FY 23/24 YTD Revenues $ 19,889,768 $ 6,730,861 Revenues $ 4,212,848 $ 2,302,190 Expenditures 19,889,768 6,551,545 Expenditures $ 4,212,848 2,495,742 Total $ - $ 179,316 $ - $ (193,553) Drainage Fund Performance 9 FY 23/24 Budget FY 23/24 YTD % of Budget FY 22/23 YTD FY 22/23 % of Budget Revenues $ 1,482,143 $ 747,641 50.4% $ 522,791 50.0% Expenditures 738,386 358,451 48.5% 307,081 42.6% Total $ 743,757 $ 389,190 $ 215,710 % of year Completed:50.0% % of Budget Spent:48.5% Hotel Tax (HOT) Fund Performance 10 FY 23/24 Budget FY 23/24 YTD % of Budget FY 22/23 YTD FY 22/23 % of Budget Revenues $ 202,000 $ 56,654 28.0% $ 44,833 16.3% Expenditures 188,532 103,466 54.9% 139,018 50.8% Total $ 13,468 $ (46,812) $ (94,186) % of year Completed:50.0% % of Budget Spent:54.9% Debt Service Fund Performance 11 FY 23/24 Budget FY 23/24 YTD % of Budget FY 22/23 YTD FY 22/23 % of Budget Revenues $ 1,238,871 $ 1,191,488 96.2% $ 589,157 96.8% Expenditures 1,235,460 899,535 72.8% 628,410 81.7% Total $ 3,411 $ 291,954 $ (39,253) % of year Completed:50.0% % of Budget Spent:72.8% Questions? •For questions or comments regarding this presentation, please contact: Matthew Poston Director of Finance City of Colleyville, TX mposton@Colleyville.com 817-503-1014 12 MEMO To: Mayor and City Council From: Matthew Poston, Director of Finance Date: April 10, 2024 Subject: Monthly Budget vs. Actual as of 3/31/24 Below is a summary of the budget vs. actual for the City of Colleyville for fiscal year 2023/24 through March. Major Revenue Outlines:  Property taxes – Collected 96.6% of the fiscal year’s total budget, amounting to $16.5 million.  Sales tax – Collections for April (reflecting February purchases) are up 4.85% year-over-year.  Hotel Occupancy tax – Achieved 28.3% of the fiscal year’s budget, totaling $57 thousand.  Franchise fees – Garnered 95.2% of the fiscal year’s total budget, equaling $2.0 million.  Water and Sewer sales –Collections stand at 36.3% of the fiscal year’s budget, reaching $8.6 million.  Drainage fees – Achieved 49.6% of the fiscal year’s budget, with total collections at $722 thousand.   Expenditure Updates:  General Fund – Expenditures amount to $13.6 million or 49.8% of the annual budget. This is in line with the 50% progression of the fiscal year, indicating on-target spending.  Utilities Fund – Expenditures total $9.0 million or 37.5% of the annual budget, marking spending below expectations given the fiscal year's progression.  Drainage Fund – Expenditures are at $358 thousand or 48.5% of the annual budget, aligning closely with the fiscal timeline. Enclosed for your review is a copy of the monthly report. Please feel free to reach out should you have any questions or require further information. 97% 34%28%95%50% 36% 96% 34%21%89%49% 39% $0 $10 $20 $30 Property Tax Sales Tax HOT Tax Franchise Fees Drainage Water & SewerMillionsCity of Colleyville Revenues at March 31 2022/23 Actual 3/31/2023 Actual 2023/24 Budget 3/31/2024 Actual City of Colleyville  Monthly Budget vs Actual Report March 31, 2024 Actual Variance % of Actual Variance % of % chg Annual Budget Thru Mth Annual Annual Bdg Annual Actual Thru Mth Annual Annual Act from PY General Fund Current Taxes 17,032,634       16,516,880    515,754         97.0% 15,801,000         15,205,673        595,327       96.2% 8.6% Delinquent 30,000              (217)               30,217            ‐0.7% 48,969                 18,953               30,016          38.7%‐101.1% P&I 60,000              31,785           28,215           53.0% 79,873                 26,115               53,758          32.7% 21.7% Property Tax Total 17,122,634       16,548,448    574,186         96.6% 15,929,842         15,250,741        679,101       95.7% 8.5% Sales Tax 5,180,876         1,755,255      3,425,622      33.9% 5,275,999           1,789,262          3,486,737    33.9%‐1.9% Oncor Electric 900,000            913,190         (13,190)          101.5% 932,573              929,827             2,746            99.7%‐1.8% Tri‐County Electric 140,000            191,546         (51,546)          136.8% 182,874              182,874              ‐                100.0% 4.7% Atmos Gas 455,000            629,385         (174,385)        138.3% 678,419              678,419              ‐                100.0%‐7.2% AT&T 15,000              6,065              8,935              40.4% 13,461                 7,067                  6,394            52.5%‐14.2% Verizon/Others 12,000              5,289              6,711              44.1% 10,235                 4,798                  5,437            46.9% 10.2% Refuse/Recycling 250,000            133,248         116,752         53.3% 303,788              126,737             177,050       41.7% 5.1% Cable TV 325,000            116,746         208,254         35.9% 261,357              181,583             79,774          69.5%‐35.7% Network Nodes ‐                    250                 (250)               0.0% 250                      250                      ‐                100.0% 0.0% Franchise Fees 2,097,000         1,995,719      101,281         95.2% 2,382,957           2,111,555          271,402       88.6%‐5.5% GF Revenues 28,554,942       22,945,142    5,609,800      80.4% 28,188,285         22,443,227        5,745,057    79.6% 2.2% GF Expenditures 27,263,762       13,584,505    13,679,257    49.8% 28,188,285         11,822,296        16,365,988  41.9% 14.9%   Utilities Fund Water ‐ Base Rate 2,190,683         1,055,364      1,135,319      48.2% 2,171,138           997,111             1,174,028    45.9% 5.8% Sewer ‐ Base Rate 1,628,164         819,690         808,474         50.3% 1,566,422           795,230             771,192       50.8% 3.1% Water ‐ Volumetric Rate 16,027,206       4,813,205      11,214,001    30.0% 13,114,292         4,169,265          8,945,026    31.8% 15.4% Sewer ‐ Volumetric Rate 3,862,562         1,917,656      1,944,907      49.6% 3,854,630           2,041,663          1,812,967    53.0%‐6.1% Water & Sewer 23,708,616       8,605,916      15,102,700    36.3% 20,706,483         8,003,269          12,703,214  38.7% 7.5% Utilities Revenues 24,102,616       9,033,051      15,069,565    37.5% 22,927,765         8,262,678          14,665,087  36.0% 9.3% Utilities Expenditures 24,102,616       9,047,287      15,055,329    37.5% 22,927,765         7,504,286          15,423,479  32.7% 20.6% Debt Service Fund Current Taxes 1,209,871         630,193         579,678         52.1% 591,984              569,680             22,304          96.2% 10.6% Delinquent 2,000                49                   1,951              2.4% 2,172                   987                     1,185            45.4%‐95.1% P&I 2,000                1,247              753                 62.3% 3,171                   1,145                  2,027            36.1% 8.9% Property Tax Total 1,213,871         631,488         582,383         52.0% 597,327              571,811             25,515          95.7% 10.4% DS Revenues 1,238,871         1,191,488      47,383           96.2% 630,722              589,157             41,565          93.4% 102.2% DS Expenditures 1,235,460         899,535         335,925         72.8% 1,059,034           628,410             430,624       59.3% 43.1% Drainage Fund Drainage Fee 1,457,143         722,276         734,867         49.6% 1,035,867           504,197             531,670       48.7% 43.3% Drain Revenues 1,482,143         747,641         734,502         50.4% 1,075,984           522,791             553,193       48.6% 43.0% Drain Expenditures 738,386            358,451         379,935         48.5% 1,075,984           307,081             768,903       28.5% 16.7% Hotel Occupancy Tax (HOT) Fund HOT Tax 200,000            56,654           143,346         28.3% 211,461              43,833               167,628       20.7% 29.2% HOT Revenues 202,000            56,654           145,346         28.0% 212,460              44,833               167,628       21.1% 26.4% HOT Expenditures 188,532            103,466         85,066           54.9% 257,642              139,018             118,623       54.0%‐25.6% FY 2023/24 FY 2022/23 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 6a Agenda Date 4/16/2024 Number Ordinance O-24-2276 Type Ordinance Department Community Development Title Consideration of a Special Use Permit to allow for a fence on Lot 1, Block 1, Vankawala Residence Addition, located at 4910 Behrens Court, Case ZC24-002 Explanation Second Reading and Public Hearing The applicant was present and spoke in favor of the request. No one came forward during the public hearing to speak about the item. First Reading and Public Hearing Rajendra Vankawala, the applicant, has submitted a request for a Special Use Permit on Lot 1, Block 1, Vankawala Residence Addition, being approximately 0.86 acres, and zoned R-40 Single Family Residential. The SUP request is to allow a 6-foot wrought iron fence with masonry columns to be placed on the property line along Glade Road within the required street side yard setback. Existing Conditions/Background: The subject property, 4910 Behrens Court, resides at the intersection of Glade Road and Behrens Court and has R-40 Single Family Residential zoning. The property currently has a single family home constructed in 2019. SUP Request: The applicant is requesting approval of an SUP to allow for a wrought iron fence 6-feet in height with masonry columns 7-feet in height to be placed within the street side yard setbacks along Glade Road. Ordinance – Section 3.26 Fences, Free Standing Walls, and Screening Materials Regulations of the Land Development Code establishes the maximum size and location of fencing to be permitted by staff on a residential lot: “E. Fence and Free-Standing Wall Setback Requirement: 1. Front Yards: No fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent opaque construction shall be located beyond the front façade of the primary residential structure. d. Exceptions to front yard requirement: Lots containing a minimum of 40,000 square City of Colleyville Page 2 City Council Agenda Briefing 6a feet, and subdivisions, shall be allowed to construct a perimeter fence within the front yard setback. Said fencing shall be no greater than eight (8) feet in height and shall have no greater than twenty-five (25) percent opaque construction within the front yard. Allowed construction materials shall be the same as paragraph '1.a' above. This exception shall not apply to properties zoned as a PUD district. 2. Corner Side Yards: Except where allowed elsewhere in this chapter, no fence or free standing wall greater than thirty (30) inches in height and no greater than twenty-five (25) percent opaque construction shall extend into the required street side yard. The regulations of 1.a through 1.d above shall apply." Special Use Permit Provision: Any request for a building permit for a fence/wall which does not meet the criteria in this section shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. Analysis: The applicant is making the request to add more privacy to their home and to be in line with the fence line along their neighbor’s front yard. The fence being proposed would be a 6-foot tall iron fence with 7-foot tall masonry columns placed every 40-feet, and it would encroach in the street side yard setback. The fencing would be placed on the property line along Glade Road. The lot is 37,458 square feet in size, just under the threshold to qualify for the exemption that would allow a fence in this location. Plat Status: The property is platted as Lot 1, Block 1, Vankawala Residence Addition. DRC Review: The DRC met on February 12, 2024 and determined the case would be scheduled for the next available Planning and Zoning Commission meeting. Drainage: NA Surrounding Development: The properties to the north are zoned R-20 Single Family Residential and improved with single family homes. The properties to the east, west, and south are zoned R-40 Single Family Residential and improved with single family homes. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff recommends denial of the requested SUP as it does not meet the technical requirements of the Land Development Code. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the request at their March 11, 2024 meeting by a vote of 6-0. City of Colleyville Page 3 City Council Agenda Briefing 6a Recommendation Denial Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Fence Exhibit 6.Notification Map 7.Notification List 8.Notification Letter 9.Ordinance O-24-2276 1708 5012 4808 5013 1709 4900 4804 1717 1801 4900 4904 4713 1717 5000 1712 1721 5009 4900 4901 1705 1713 4808 5101 4910 1708 1716 5004 4905 4916 4800 1701 4805 5005 1712 4812 1604 18001716 1800 1700 1725 4901 1805 4912 5008 1704 1704 G L A D E RDCHELSEA DRARTHUR DR BEHRENS RDBEHRENS CTCRANBROOKDRWSubject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC24-002 4910 Behrens Ct Aerial Map 4813 1708 5012 4808 5013 1709 4801 4900 4804 1805 5105 5012 1717 1801 5004 4900 4904 4713 4713 4801 4901 1717 5000 1712 4716 1721 4709 5009 1709 4801 4900 4901 1705 1713 4808 5100 5101 4800 4800 4910 1809 1600 1708 1716 5016 5004 4905 4916 4800 4710 1701 4805 4809 5005 1801 1712 1717 4805 5016 1805 4812 1604 18001716 4809 5008 1800 1609 1700 1725 4901 1805 1804 1804 1713 4912 5008 1705 1704 5104 1704 1611 GLADE RDCHELSEA DRROSE STARTHUR DR BEHRENS RDBEHRENS CTCRANBROOKDRWR-40 R-20 R-40 R-20 Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC24-002 4910 Behrens Ct Zoning Map 4813 1708 5012 4808 5013 1709 4801 4900 4804 1805 5105 1717 1801 4900 4904 4713 4713 4801 4901 1717 5000 1712 4716 1721 5009 1709 4801 4900 4901 1705 1713 4808 5101 4800 4800 4910 1809 1708 1716 5016 5004 4905 4916 4800 1701 4805 4809 5005 1801 1712 1717 4805 1805 4812 1604 18001716 4809 1800 1609 1700 1725 4901 1805 1804 1804 1713 4912 5008 1705 1704 1704 1611 GLADE RDCHELSEA DRROSE STARTHUR DR BEHRENS RDBEHRENS CTCRANBROOKDRWResidential Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC24-002 4910 Behrens Ct Future Land Use Map Reasons for fence on property line: • Privacy • Using the fence as a noise barrier from Glade Road is only effective from a further distance as it bounces sound away from home • Do not want to lose more space on lot as we have already lost property to the Glade road expansion • Majority of properties on Glade road have the fence on the property line • Back neighbor’s fence is on the property line therefore, it will disrupt the continuity of the fence line moving it in 20-30 ft • Loss of property value if we can’t install on property line because we would be exposing the remaining portion of the yard to Glade Road 4813 1708 5012 4808 5013 1709 4801 4900 4804 1805 5105 5012 1717 1801 5004 4900 4904 4713 4713 4801 4901 1717 5000 1712 4716 1721 5009 1709 4801 4900 4901 1705 1713 4808 5100 5101 4800 4800 4910 1809 1600 1708 1716 5016 5004 4905 4916 4800 1701 4805 4809 5005 1801 1712 1717 4805 5016 1805 4812 1604 18001716 4809 5008 1800 1609 1700 1725 4901 1805 1804 1804 1713 4912 5008 1705 1704 5104 1704 1611 G L A D E RDCHELSEA DRARTHUR DR ROSE STBEHRENS RDBEHRENS CTCRANBROOKDRWParcels to be notified Buffer Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC24-002 4910 Behrens Ct Notification Map 1 Notify_List Owner Name Owner City Owner Zip Situs Address PEAK, CAROLYN J COLLEYVILLE, TX 76034 1708 GLADE RD HARRINGTON, D NEAL COLLEYVILLE, TX 76034 5012 CHELSEA DR HUBBARD, MATTHEW COLLEYVILLE, TX 76034 4808 BEHRENS CT WINTERS, DAN L COLLEYVILLE, TX 76034 5013 ROSE ST BROWN, KATHARINE M COLLEYVILLE, TX 76034 1709 ARTHUR DR WORD, RAMIE COLLEYVILLE, TX 76034 4900 BEHRENS RD TANG, YUAN COLLEYVILLE, TX 76034 1717 GLADE RD LY, DUY COLLEYVILLE, TX 76034 4900 BEHRENS CT BANTA, STEVEN M COLLEYVILLE, TX 76034 4904 BEHRENS CT DICKINSON, SPENCER COLLEYVILLE, TX 76034 1717 ARTHUR DR OLENGUE, INNOCENT COLLEYVILLE, TX 76034 5000 CHELSEA DR DIDIER, RICHARD COLLEYVILLE, TX 76034 1712 GLADE RD VOLOSEN, MIRCEA COLLEYVILLE, TX 76034 1721 GLADE RD STEWART, LARRY R COLLEYVILLE, TX 76034 5009 ROSE ST DUFFY CARINA COLLEYVILLE, TX 76034 4900 CRANBROOK DR W COX LIVING TRUST COLLEYVILLE, TX 76034 4901 BEHRENS RD MILNER, WALTER J COLLEYVILLE, TX 76034 1705 ARTHUR DR HANSON, ANNE F COLLEYVILLE, TX 76034 1713 ARTHUR DR VANKAWALA, RAJENDRA C COLLEYVILLE, TX 76034 4910 BEHRENS CT SPENCER, DANIEL COLLEYVILLE, TX 76034 1708 ARTHUR DR CHAPPELL, LARRY W COLLEYVILLE, TX 76034 1716 GLADE RD HOOKS, DURAN COLLEYVILLE, TX 76034 5004 CHELSEA DR COPLON, MAHLON COLLEYVILLE, TX 76034 4905 BEHRENS RD NGUYEN, HAI COLLEYVILLE, TX 76034 4916 BEHRENS RD DAVID BAUM FAMILY REVOCABLE TRU COLLEYVILLE, TX 76034 4800 BEHRENS CT DAVID AND KECIA MALDONADO REVOC COLLEYVILLE, TX 76034 1701 GLADE RD REINHARDT LIVING TRUST COLLEYVILLE, TX 76034 4805 BEHRENS CT BACA, CHAD COLLEYVILLE, TX 76034 5005 ROSE ST ABBOTT, LARRY COLLEYVILLE, TX 76034 1712 ARTHUR DR CRESPEL, KEVIN COLLEYVILLE, TX 76034 4812 CRANBROOK DR W BAUM, DANIEL COLLEYVILLE, TX 76034 1604 GLADE RD HARRIS ANDREW J TRUST COLLEYVILLE, TX 76034 1800 GLADE RD DUCIC, YADRANKO COLLEYVILLE, TX 76034 1700 GLADE RD CRANBROOK HOMEOWNERS ASSOCIATIO COLLEYVILLE, TX 76034 1725 GLADE RD BUI, KEVIN COLLEYVILLE, TX 76034 1805 GLADE RD MCCOLLOUGH JOYCE B COLLEYVILLE, TX 76034 4912 BEHRENS RD MANGHAM, WEBSTER M COLLEYVILLE, TX 76034 5008 CHELSEA DR STANLEY, REBECCA S COLLEYVILLE, TX 76034 1704 GLADE RD PARKER, TIMOTHY COLLEYVILLE, TX 76034 1704 ARTHUR DR CHELSEA PARK ADDITION COLLEYVILLE ,TX 76034 COURTESY NOTICE CRANBROOK ESTATES COLLEYVILLE ,TX 76034 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD GRAPEVINE, TX 76051 STATE REQUIRED NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, March 11, 2024 at 7:00 p.m. City Council Meetings: Tuesday, April 2, 2024 & Tuesday, April 16, 2024 at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit to allow for a fence on Lot 1, Block 1, Vankawala Residence Addition. The purpose of the request is to allow for a 6 foot wrought iron fence with masonry columns to be placed along the perimeter of the property along Glade Road in the street side yard setback. Zoning Case:ZC24-002 Applicant:Rajendra Vankawala Owner: Rajendra Vankawala Location:4910 Behrens Ct Property Description:Lot 1, Block 1, Vankawala Residence Addition Present Zoning:R-40 Single Family Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address or email below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Citizenletters@colleyville.com NOTICE OF PUBLIC HEARING If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1050. Please reference the zoning case number when requesting information. Christopher Pham Planner ORDINANCE O-24-2276 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON 0.86 ACRES, BEING LOT 1, BLOCK 1, VANKAWALA RESIDENCE ADDITION BY AUTHORIZING A SPECIAL USE PERMIT TO ALLOW FOR A FENCE TO EXTEND INTO THE STREET SIDE YARD SETBACK; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit to allow for a fence to extend into the street side yard setback, Case No. ZC24-002; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City’s zoning districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit to allow for a fence on 0.86 acres, being Lot 1, Block 1, of the Vankawala Residence Addition, located at 4910 Behrens Court, as depicted on the attached as Exhibit “A”. Ordinance O-24-2276 Page 2 of 3 Sec. 2.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 3.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall allow a fence to extend into the street side yard setback on the property line. b. It shall be generally consistent with the site plan and as depicted on the attached Exhibit “B”. c. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 4.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7.THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. Ordinance O-24-2276 Page 3 of 3 The first reading and public hearing being conducted on the 2nd day of April 2024. The second reading and public hearing being conducted on the 16th day of April 2024. APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 16TH DAY OF APRIL 2024. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 Exhibit “B” – Site Plan City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 6b Agenda Date 4/16/2024 Number Ordinance O-24-2277 Type Ordinance Department Community Development Title Consideration of a Special Use Permit to allow for dog grooming on Lot 1RA, Block 1, Kroger Addition, located at 4906 Colleyville Boulevard, Suite 202, Case ZC24-003 Explanation Second Reading and Public Hearing The applicant's husband was present and spoke in favor of the item. He answered questions regarding noise attenuation and waste management. No one came forward during the public hearing to speak about the item. First Reading and Public Hearing Ana Hinojosa, the applicant, has submitted a request for a Special Use Permit (SUP) for dog grooming on Lot 1RA, Block 1, Kroger Addition, being approximately 1.89 acres, and zoned CC-2 Shopping Center. A dog grooming salon is only allowed in the CC-2 Shopping Center zoning district with the approval of an SUP. Existing Conditions/Background: The subject property, 4906 Colleyville Boulevard, Suite 202, is zoned CC-2 Shopping Center and is generally located northwest of the intersection of Colleyville Boulevard and Glade Road in the Walmart Shopping Center. The property is a platted lot and is developed with a retail shopping center. The property will operate as a business known as Scenthound. SUP Request: The applicant is requesting approval of an SUP to allow for a dog grooming salon. The property is zoned CC-2, Shopping Center, which allows for dog grooming with approval of an SUP. Special Use Permit Provision: Any request for dog grooming shall only be authorized after approval of a Special Use Permit by the City Council using the procedures contained elsewhere in this Land Development Code. Analysis: Per the attached Statement of Planning Objectives, the proposed name of the business is “Scenthound” and it is a dog grooming salon. There will be no veterinary, no vacation boarding services, and no pet daycare services. They will offer spa-style pet grooming services. They will also install sound-proof walls and new HVAC ventilation systems. Pet waste stations will be installed inside and outside the property and in the adjacent parking areas. According to the statement of planning objectives, the hours of City of Colleyville Page 2 City Council Agenda Briefing 6b operation of the business will be: 8:30 am to 5:30 pm Monday-Saturday; Closed on Sundays. Plat Status: The property is platted as Lot 1, Block 1RA, Kroger Addition. DRC Review: The DRC reviewed the request during their February 19, 2024 meeting and determined the application was complete and may be scheduled for the next available Planning and Zoning Commission meeting. Drainage: NA Surrounding Development: The properties to the north and east are zoned PUD-C Planned Unit Development – Commercial and are improved mixed-use development. The properties to the west are zoned PUD-R Planned Unit Development - Residential and are improved with single-family homes. The properties to the south are zoned CC-2 Shopping Center and are improved with commercial retail shops. Comprehensive Plan: The City’s comprehensive plan, Destination Colleyville, identifies the subject property for commercial development. The proposed SUP does not conflict with any portion of the Comprehensive Plan. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff recommends approval of the Special Use Permit. The proposed zoning change is generally consistent with the City’s comprehensive plan. Additionally, the request is consistent with the land uses located on the subject property and the governing zoning district. Planning and Zoning Commission Recommendation: The Planning and Zoning Commission recommended approval of the request at their March 11, 2024 meeting by a vote of 6-0. Recommendation Approve Attachments 1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Statement of Planning Objectives 5. Site Plan Exhibit 6. Floor Plan Exhibit City of Colleyville Page 3 City Council Agenda Briefing 6b 7. Additional Photos Provided by Applicant 8. Notification Map 9. Notification List 10. Notification Letter 11. Ordinance O-24-2277 COTTAGE OAK LN MAPLEWOOD TRPLEASANTRUNRDVILLAGE LNG L A D E R D COTTAGE LN CASA LN PIAZZA LN MAIN ST SHADOWOOD RDBRANSFORDRDCOLLEYVILLEBLVDTERRA COTTA WAY SHADOWOOD TRGLADECREEKDRVERAND A L N MI SSI ONLNOLD GLADE RD Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC24-003 4906 Colleyville Blvd Aerial Map COTTAGE OAK LN PLEASANT RUN RDMAIN ST VILLAGE LNGL A D E R D MAPLEWOOD TR COTTAGE LN CASA LN PIAZZA LN COLLEYVILLE BLVDSHADOWOOD RDTERRA COTTA WAY SHADOWOOD TRGLADECREEKDRVERAND A L N MI SSI ONLNL A K E W O O D DR OLD GLADE RD CC-1 AG CC-1 R-MF CC-2 CC-1 PUD-R PUD-C AG CC-2 CC-1 CN R-20 CC-2 PUD-C PUD-C Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC24-003 4906 Colleyville Blvd Zoning Map COTTAGE OAK LN MAPLEWOOD TRPLEASANTRUNRDVILLAGE LNG L A D E R D COTTAGE LN CASA LN PIAZZA LN MAIN ST SHADOWOOD RDBRANSFORDRDCOLLEYVILLEBLVDTERRA COTTA WAY SHADOWOOD TRGLADECREEKDRVERAND A L N MI SSI ONLNOLD GLADE RD Residential Colleyville Blvd Corridor Open Space; Parks Water Body Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC24-003 4906 Colleyville Blvd Future Land Use Map City of Colleyville Special Use Permit Statement of Planning Objec�ves: This statement is submited on behalf of NTX Hounds II LLC dba Scenthound. NTX Hounds II LLC seeks to lease space at the Colleyville Plaza Shopping Center, which is owned/operated by: Colleyville Plaza LP 580 Decker Drive, Suite 203 Irving, TX 75062 (972)650-4200 The specific unit is located at: 4906 Colleyville Blvd, Suite 202, Colleyville, TX 76034. The legal descrip�on of the property is: Lot IR-A, Block 1, of the Kroger Addi�on to the City of Colleyville, Tarrant County, Texas according to the Plat records, Tarrant County, Texas, together with all improvements thereon. Unit 202 of this Shopping Center is approximately 1750 square feet in building, and shown in the diagram found in Exhibit “A” atached. It is two doors down from the Walmart Neighborhood Market. NTX Hounds II, LLC intends to operate a franchise by the name of Scenthound, which provides dog hygiene and wellness. There will be no veterinary or overnight boarding services offered. Scenthound is a wellness-focused dog care concept — which means that our primary goal is to keep your pup clean and healthy. Our basic hygiene packages include a bath, ear cleaning, nail trimming and teeth brushing. We will also offer addi�onal services including brush out, blow out and grooming, to name a few. We offer service through a membership concept that generates predictable volumes of required services. Our mission is to provide rou�ne hygiene and wellness care so dogs live longer, happier lives. We are changing how dog parents think about caring for their dogs by educa�ng them and providing an accessible and affordable way to get the basic hygiene and wellness care their dogs need. The American Pet Products Associa�on’s State of the Industry data for 2022 reported $136.8 billion spent on pets in the U.S. Our communi�es have a high concentra�on of dogs per household and disposable income. Unlike other markets, which tend to fluctuate with a changing economy, the pet industry has maintained consistent growth since the 1980s; this is due primarily to the steady increase in pet ownership. Far exceeding that growth is pet owner spending, par�cularly as it relates to maters of pet health and wellness. It’s also interes�ng to note that currently, in the U.S., Genera�on X and millennials make up the vast majority of pet owners (more than 65%). As a result, the APPA (American Pet Products Associa�on) is projec�ng that the pet industry is expected to see con�nued growth, with no signs of a slowdown; and pet grooming is reported to be one of the fastest-growing segments in the industry. Industry Overview In the United States, the pet service industry-hygiene and grooming industry presently generates more than $8.3 billion dollars in annual sales. According to Bloomberg, the analysis finds that the US is posi�oned to con�nue to remain the largest pet market, with sales approaching $200 billion by the end of the decade. This growth is driven by an increase in spending on pet-related healthcare — including veterinary care, diagnos�cs, and pharmaceu�cals — that has created longer pet lifespans that require more expensive elderly care. This advancement and priori�za�on of elderly care may in turn lead to an increase of the US pet popula�on by 13%. Other emerging markets may see outsized growth due to the increase in nuclear families in urban areas, single-person households, and a rise in per capita disposable income. Research shows that consumers in this industry primarily focus on the following factors when making purchasing decisions: • Value of the services • Convenience of scheduling services • Quality of the care and service provided to the dogs • Reputa�on of the establishment • Professionalism and courtesy of staff The owners of NTX Hounds II LLC currently successfully operate their first Scenthound loca�on in Southlake, TX at 500 W. Southlake Blvd. #129, Southlake, TX 76092. This loca�on would be their 2nd loca�on, although there are several other franchise partners developing franchise loca�ons throughout the DFW Metroplex. NTX Hounds II LLC holds the franchise territory rights for the Colleyville/North Richland Hills, TX area. There are plans for leasehold improvements in accordance with the Franchise Design and Construc�on Manual, which is a large document, but can be available upon request. Exhibit “B” shows a rendering of the current space and a dra� proposed layout of the required leasehold improvements for Ste 202. It is worth men�oning that the franchise has strict minimum requirements with regards to HVAC capability, due to the health requirements of dogs, and building material requirements to address any noise generated by dogs and dryer equipment. The design of the retail space is very sleek and clean. There is a small front desk space and lobby area that includes a “knowledge wall” with informa�on on the dog anatomy and the services we offer, a sleek white �le wall behind the front desk with three white background signs with black leters hanging, and a white wall with three retail shelves for some of the products we sell. Exhibit “C” provides some sample pictures of what a store front looks like, what the front desk area looks like and what the retail shelves look like. The construc�on will be done to the required permit standards and regula�ons. The all materials will be new, and they are outlined in the Design and Construc�on Manual, to be provided upon request. Any addi�onal informa�on needed will be promptly provided. Your kind considera�on of this Special Use Permit will be greatly appreciated. Sincerely, Ana B. Hinojosa and Samuel H. Beckman Scenthound Franchise Partners www.scenthound.com (817) 789-1111 Atached Exhibits (A-C) Current Layout #202Draft Initial Proposed LayoutExhibit B SUP Current Layout #202Draft Initial Proposed LayoutExhibit B SUP 50 4900 5002 4913 5005 88 5025 4911 5001 4911 4908 4906 1698 51 17 85 51 5108 4907 14 51 2305 4910 4915 5002 5150 5003 5016 85 5000 35 5101 41 101 96 87 5000 4912 5004 5010 13 94 5115 5117 5100 84 5000 4908 4925 5201 4800 5005 88 4912 4909 710 53 5001 5017 24 62 4804 4917 4913 4906 88 50032200 5204 4800 5003 4903 13 4909 83 4714 4913 85 3450 601 37 4904 4928 1880 800 5104 4910 5005 4917 33 701 4905 5200 5007 5004 4902 4718 700 5019 5019 5019 5019 4914 4814 77 8592 33 5102 5100 5104 5101 5105 5103 5102 2203 5109 52 60 54 40 44 46 50 48 42 100 97 4708 4841 707 4843 COTTAGE OAK LN MAIN ST PLEASANTRUNRDVILLAGE LNG L A D E R D MAPLEWOOD TR COLLEYVILLE BLVDVERAND A L N COTTAGE LN PIAZZA LN SHADOWOOD RDTERRA COTTA WAY SHADOWOOD TRMISSIONLNLAKEWOODDR OLD GLADE RD Parcels to be notified Buffer Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. ZC24-003 4906 Colleyville Blvd Notification Map 1 Notify_List Owner Name Owner City Owner Zip Situs Address LAKE, WILLIAM D COLLEYVILLE, TX 76034 53 PIAZZA LN COLLEYVILLE PLAZA LP IRVING, TX 75062 4900 COLLEYVILLE BLVD WHITTEN FAMILY TRUST COLLEYVILLE, TX 76034 5002 SHADOWOOD RD COLLEYVILLE REALTY HOLDINGS COLLEYVILLE, TX 76034 92 PIAZZA LN BOYD, PATRICIA COLLEYVILLE, TX 76034 4913 SHADOWOOD RD HANDLEY, RICHARD COLLEYVILLE, TX 76034 88 VILLAGE LN SORIAL, YOUSSEF W COLLEYVILLE, TX 76034 4911 SHADOWOOD RD IRVIN, RODNEY L COLLEYVILLE, TX 76034 5001 SHADOWOOD RD SPICER, TAMARA COLLEYVILLE, TX 76034 61 PIAZZA LN THE WISDOM CENTER INC COLLEYVILLE, TX 76034 51 VILLAGE LN JUST2CAN LLC COLLEYVILLE, TX 76034 85 VILLAGE LN ANTHONY & VIVIAN MCNOSKY REVOCA COLLEYVILLE, TX 76034 5108 PLEASANT RUN RD GROCE FAMILY TRUST COLLEYVILLE, TX 76034 4907 SHADOWOOD RD CHARLES, C A COLLEYVILLE, TX 76034 4910 SHADOWOOD RD Y2KITCHEN PROPERTIES LLC COLLEYVILLE, TX 76034 5003 COLLEYVILLE BLVD KEVIN AND DONNA ALLEN FAMILY TR COLLEYVILLE, TX 76034 55 PIAZZA LN JPMORGAN CHASE BANK HOUSTON, TX 77252 5000 COLLEYVILLE BLVD CHARNICKY, KEVIN COLLEYVILLE, TX 76034 5004 SHADOWOOD RD LEE, NELSON COLLEYVILLE, TX 76034 5000 SHADOWOOD RD HAVRAN, JOHN COLLEYVILLE, TX 76034 4908 SHADOWOOD RD DUNAGAN, KETRINA COLLEYVILLE, TX 76034 57 PIAZZA LN COCANOUGHER ASSET NO 3 LTD NORTH RICHLAND HILLS, TX 76180 5005 COLLEYVILLE BLVD NGUYEN, HIEU V SOUTHLAKE, TX 76092 4912 SHADOWOOD RD VILLAGE OWNERS ASSOCIATION INC DALLAS, TX 75265 47 VILLAGE LN THOMPSON, JOHN E COLLEYVILLE, TX 76034 905 OLD GLADE RD NOBLIT, DON FORT WORTH, TX 76182 4913 COLLEYVILLE BLVD TRINITY COLLEVILLE RE LLC COLLEYVILLE, TX 76034 88 VILLAGE LN FAUGHT, SAMUEL COLLEYVILLE, TX 76034 5003 SHADOWOOD RD SC 16 VILLAGE LANE INVESTMENT L FORT WORTH, TX 76102 16 VILLAGE LN PELTON, JUDITH K COLLEYVILLE, TX 76034 4909 SHADOWOOD RD FADDEN, MARK COLLEYVILLE, TX 76034 59 PIAZZA LN SLANEY, RICHARD COLLEYVILLE, TX 76034 37 VILLAGE LN WAL-MART REAL ESTATE BUS TRUST BENTONVILLE, AR 72716 4904 COLLEYVILLE BLVD BROWN, RICHARD COLLEYVILLE, TX 76034 5005 SHADOWOOD RD PROPER TEA HOLDINGS LLC FORT WORTH, TX 76126 4917 COLLEYVILLE BLVD THE SNYDER FAMILY LIVING TRUST COLLEYVILLE, TX 76034 4905 SHADOWOOD RD MOZINGO FAMILY LIVING TRUST COLLEYVILLE, TX 76034 5007 SHADOWOOD RD HEA21 LLC COLLEYVILLE, TX 76034 28 VILLAGE LN ZELL THREE INC DUNCANVILLE, TX 75137 700 GLADE RD ANTHONY, GRAYDON IRVING, TX 75062 4914 SHADOWOOD RD WORTHINGTON NATIONAL BANK FORT WORTH, TX 76102 4814 COLLEYVILLE BLVD KSW HOLDING MANSFIELD LP DENTON, TX 76210 77 PIAZZA LN RP GROUP INVESTMENTS LLC FRISCO, TX 75033 32 VILLAGE LN 52 VILLAGE LANE LLC SOUTHLAKE, TX 76092 52 VILLAGE LN SC COLLEYVILLE-60 VILLAGE LANE KELLER, TX 76244 60 VILLAGE LN ZIMMERMAN, THERESA COLLEYVILLE, TX 76034 54 VILLAGE LN JAMES, DUSTIN COLLEYVILLE, TX 76034 40 VILLAGE LN ATKINSON, ERIC COLLEYVILLE, TX 76034 44 VILLAGE LN STALEY, JENNIFER COLLEYVILLE, TX 76034 46 VILLAGE LN WEESE, DENNIS HUNTSVILLE, AL 35802 50 VILLAGE LN JORDAN, JENNIFER COLLEYVILLE, TX 76034 48 VILLAGE LN VADYSIRISACK, PANG COLLEYVILLE, TX 76034 42 VILLAGE LN LAKEWOOD ESTATES COLLEYVILLE ,TX 76034 COURTESY NOTICE SHADOWOOD TRAIL CONDOMINIUMS COLLEYVILLE ,TX 76034 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD GRAPEVINE, TX 76051 STATE REQUIRED NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: Planning and Zoning Commission Meeting: Monday, March 11, 2024 at 7:00 p.m. City Council Meetings: Tuesday, April 2, 2024 & Tuesday, April 16, 2024 at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Special Use Permit to allow for dog grooming on Lot 1RA, Block 1, Kroger Addition. The purpose of the request is to allow for a dog grooming salon. Zoning Case:ZC24-003 Applicant:Ana Hinojosa Owner: Colleyville Plaza LP Location:4906 Colleyville Blvd Unit 202 Property Description:Lot 1RA, Block 1, Kroger Addition Present Zoning:CC-2 Shopping Center This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Approval by the Planning and Zoning Commission serves as a recommendation to the City Council and is not a final action on the request. Denial of the proposal by the Commission is final, unless the applicant submits a written notice of appeal within 10 days from the date of action by the Commission. If appealed, the request will be placed on the next available City Council agenda as listed above. Rezoning requests, zoning amendments and conditions recommended by the Commission for approval by the City Council may be more restrictive than those described in this notice. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address or email below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Citizenletters@colleyville.com NOTICE OF PUBLIC HEARING If the property owners of 20% or more of the land within the 200 foot notification area file a written protest prior to the public hearing, State law provides that the approval of the zoning change request shall require the approval of a super majority vote by City Council. The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1050. Please reference the zoning case number when requesting information. Christopher Pham Planner ORDINANCE O-24-2277 AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING MAP OF THE CITY OF COLLEYVILLE, TEXAS, BY CHANGING THE ZONING ON APPROXIMATELY 1.89 ACRES, BEING LOT 1RA, BLOCK 1, KROGER ADDITION, LOCATED AT 4906 COLLEYVILLE BOULEVARD, SUITE 202, BY AUTHORIZING A SPECIAL USE PERMIT FOR DOG GROOMING SERVICES FOR THE BUSINESS KNOWN AS SCENTHOUND; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit for a dog grooming services business Case No. ZC24-003; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to amend the City’s zoning ordinance; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the City’s zoning districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the City Council is of the opinion that the change in zoning provided for herein should be made, in compliance with the City Charter, and state law with reference to changes to zoning classifications under the City’s zoning ordinance and zoning map, having given the requisite notices required by law and having held public hearings affording all interested persons and property owners a full and fair opportunity to be heard. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for Dog Grooming on 1.89 acres, being Lot 1RA, Block 1, of the Kroger Addition, located at 4906 Colleyville Boulevard Suite 202, for the business Ordinance O-24-2277 Page 2 of 3 known as Scenthound, as depicted on the attached as Exhibit “A”. Sec. 2.THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 3.THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The Special Use Permit shall apply to the dog grooming salon business only. b. The name of the business authorized for Dog Grooming by this Special Use Permit shall be called “Scenthound”. c. The hours of operation are: Monday – Saturday 8:30 am – 5:30 pm; and closed on Sundays. d. The entire business must be conducted within a soundproofed building. Noise and odors created by activities within the building shall not be discernible beyond the property line. e. No animals shall be kept outside the building. f. No vacation boarding, overnight boarding, or veterinary services shall be allowed. g. The dog grooming salon shall be for outpatient services only. h. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy. i. All requirements of the Land Development Code shall be met, except where amended herein. Sec. 4.THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Ordinance O-24-2277 Page 3 of 3 Sec. 5.THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6.THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7.THAT this ordinance shall take effect immediately from and after its passage subject to the publication of the caption, as the law or charter in such cases may provide. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2nd day of April 2024. The second reading and public hearing being conducted on the 16th day of April 2024. APPROVED BY A VOTE OF _ AYES, _ NAYS, ON THIS THE 16TH DAY OF APRIL 2024. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor APPROVED AS TO FORM: Whitt Wyatt City Attorney Exhibit “A” - Location and Zoning Map MLPUDR CC2 Exhibit “B” – Site Plan Exhibits City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 7a Agenda Date 4/16/2024 Number Resolution R-24-4930 Type Resolution Department Community Development Title Consideration of a variance to the maximum lot coverage provisions of Ordinance O-19- 2075 on Lot 4, Block B, of the Legacy North Addition, being located at 803 Marie Drive, Case VC24-004 Explanation Reading and Public Hearing WillowTree Custom Homes, the applicant, has submitted a request for a variance to the provisions of Ordinance O-19-2075, specifically for the lot coverage maximum in the PUD-R Planned Unit Development – Residential district. The request is to allow for a new house to be built at 36% lot coverage. This would exceed the allowable maximum lot coverage of 30%. Existing Conditions/Background: The subject property, 803 Marie Drive, has PUD-R zoning and is located on the south side of Marie Drive west of Marie Street. The subject property is currently undeveloped and will be developed for single-family residential use. Requested Variance: The applicant is requesting a variance to the allowable maximum lot coverage to allow for a new house. The existing PUD-R zoning allows for a maximum lot coverage of 30%. The house is proposed to be built at 36%. Ordinance – O-19-2075 Single-family detached residential lot requirements and setbacks shall comply with the following provisions: Minimum Lot Size 20,000 square feet Minimum Lot Width 100 feet, except for cul-de-sac lot Minimum Lot Depth 125 feet Front/Street Side Building Line 30 feet Side Building Line 10 feet Rear Building Line 25 feet Max. Lot Coverage 30% Max. Impervious Coverage 60% City of Colleyville Page 2 City Council Agenda Briefing 7a Plat Status: The property is currently platted as Lot 4, Block B, of the Legacy North Addition. DRC Review: The Development Review Committee (DRC) reviewed the request at their March 18, 2024 meeting and determined the application was complete and may be scheduled for the next available City Council meeting. Drainage: NA Surrounding Development: The properties to the north, south, east, and west are zoned PUD-R and contain single-family residential development. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff recommends denial due to technical non-compliance. Financial Impact There is no financial impact to the City. Recommendation Denial Attachments 1. Aerial Map 2. Zoning Map 3. Future Land Use Map 4. Statement of Planning Objectives 5. Site Plan 6. Notification Map 7. Notification Letter 8. Notification List 9. Resolution R-24-4930 701 606 504 6501 6516 6413 6405 6209 610 6205 408 6516 6408 6404 6513 6201 6400 6419 6402 6515 609 6229 6300 6413 6221 6510 6417 6301 6301 502 6509 6401 6509 6513 6509 6417 6411 6400 6225 6213 6516 6200 6213 511 6404 6204 604 6500 6501 6407 6118 6517 511 6512 6518 6517 6410 6403 6418 64166416 6209 6501 6513 6507 506 6508 6517 6504 601 6414 6520 6408 6508 612 6416 6503 6412 507 411 6406 6420 6409 6106 605613 6514 6423 813 600 603 6304 6512 611 6413 6508 6300 725 6100 6205 6504 6217 6026412 6208 501 6232 6421 6412 6205 6405 6420 6408 614 6110 615 729 6233 6511 6504 6502 608 505 503 65006525 6415 6224 6505 6512 6500 6114 6228 6524 6212 616 64216421 619 6505 509 6409 6516 6500 6506 6417 607 6409 500 6505 6213 6204 6112 6205 6212 6216 6201 6108 6208 6113 6200 6109 6209 1013 501 505 705 6112 6105 901 6201 812 800 6117 6208 900 709 6200 713 501 509 6111 504 6116 6104 6105 704 801 6107 905 6113 6204 808 6104 500 6008 6108 6009800 809 6109 700 6109 6108 6112 508 6100 701 6116 6212 804 708 709 807 707 808 704812 811 803 804 712 711 703 708 819 830 826 822 818 814 810 806 802 718 714 710 706 702 MUSTANGTRR E MI N G T O N PKWYL E G A C Y T R LAVACA TR BELMONTDRCAMBRIA WAYMUSTANG CT LIBERTYCTLEGACYESTATEDREMMAS CTARCADY L NTALBOT TRCHANTAL LN HORSESHOEBNDRIDGEWOODLNTERRACE LN LANTANACTMARIE DR SAWYER D R SHETLAND DR LORRAINE PKBORDEAUX PKCIMMARON TRSubject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC24-004 803 Marie Dr Aerial Map 701 606 504 6501 6516 6413 6405 6209 610 6205 408 6516 6408 6404 6513 6201 6400 6419 6402 6515 609 6229 6300 6413 6221 6510 6417 6301 6301 502 6509 6401 6509 6513 6509 6417 6411 6400 6225 6213 6516 6200 6213 511 6404 6204 604 6500 6501 6407 6118 6517 511 6512 6518 6517 6410 6403 6418 64166416 6209 6501 6513 6507 506 6508 6517 6504 601 6414 6520 6408 6508 612 6416 6503 6412 507 411 6406 6420 6409 6106 605613 6514 6423 813 600 603 6304 6512 611 6413 6508 6300 725 6100 6205 6504 6217 6026412 6208 501 6232 6421 6412 6205 6405 6420 6408 614 6110 615 729 6233 6511 6504 6502 608 505 503 65006525 6415 6224 6505 6512 6500 6114 6228 6524 6212 616 64216421 619 6505 509 6409 6516 6500 6506 6417 607 6409 500 6505 6213 6204 6112 6205 6212 6216 6201 6108 6208 6113 6200 6109 6209 1013 501 505 705 6112 6105 901 6201 812 800 6117 6208 900 709 6200 713 501 509 6111 504 6116 6104 6105 704 801 6107 905 6113 6204 808 6104 500 6008 6108 6009800 809 6109 700 6109 6108 6112 508 6100 701 6116 6212 804 708 709 807 707 808 704812 811 803 804 712 711 703 708 819 830 826 822 818 814 810 806 802 718 714 710 706 702 MUSTANGTRR E MI N G T O N PKWYL E G A C Y T R LAVACA TR BELMONTDRCAMBRIA WAYMUSTANG CT LIBERTYCTLEGACYESTATEDREMMASCTARCADY L NTALBOT TRCHANTAL LN HORSESHOEBNDRIDGEWOODLNTERRACE LN LANTANACTMARIE DR SAWYER D R SHETLAND DR LORRAINE PKBORDEAUX PKCIMMARON TRR-40 R-20 R-20 R-20 PUD-R PUD-R PUD-R PUD-R R-20 R-20 PUD-R Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC24-004 803 Marie Dr Zoning Map 701 606 504 6501 6516 6413 6405 6209 610 6205 408 6516 6408 6404 6513 6201 6400 6419 6402 6515 609 6229 6300 6413 6221 6510 6417 6301 6301 502 6509 6401 6509 6513 6509 6417 6411 6400 6225 6213 6516 6200 6213 511 6404 6204 604 6500 6501 6407 6118 6517 511 6512 6518 6517 6410 6403 6418 64166416 6209 6501 6513 6507 506 6508 6517 6504 601 6414 6520 6408 6508 612 6416 6503 6412 507 411 6406 6420 6409 6106 605613 6514 6423 813 600 603 6304 6512 611 6413 6508 6300 725 6100 6205 6504 6217 6026412 6208 501 6232 6421 6412 6205 6405 6420 6408 614 6110 615 729 6233 6511 6504 6502 608 505 503 65006525 6415 6224 6505 6512 6500 6114 6228 6524 6212 616 64216421 619 6505 509 6409 6516 6500 6506 6417 607 6409 500 6505 6213 6204 6112 6205 6212 6216 6201 6108 6208 6113 6200 6109 6209 1013 501 505 705 6112 6105 901 6201 812 800 6117 6208 900 709 6200 713 501 509 6111 504 6116 6104 6105 704 801 6107 905 6113 6204 808 6104 500 6008 6108 6009800 809 6109 700 6109 6108 6112 508 6100 701 6116 6212 804 708 709 807 707 808 704812 811 803 804 712 711 703 708 819 830 826 822 818 814 810 806 802 718 714 710 706 702 MUSTANGTRR E MI N G T O N PKWYL E G A C Y T R LAVACA TR BELMONTDRCAMBRIA WAYMUSTANG CT LIBERTYCTLEGACYESTATEDREMMAS CTARCADY L NTALBOT TRCHANTAL LN HORSESHOEBNDRIDGEWOODLNTERRACE LN LANTANACTMARIE DR SAWYER D R SHETLAND DR LORRAINE PKBORDEAUX PKCIMMARON TRResidential Commercial Open Space; Parks Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC24-004 803 Marie Dr Future Land Use Map 680 N. Carroll Ave., Suite 100 - Southlake, TX 76092 willowtreetx.com March 13, 2024 Colleyville City Council 100 Main Street Colleyville, TX 76034 Re: Variance Request Statement of Objectives – Lot 4 Block B Legacy North Addition - 803 Marie Dr. Dear Mayor and City Council, We are writing this letter on behalf of our clients Gary and Debbie Reynolds who purchased the lot last year and have spent the last eight months with an architect crafting the home of their dreams. While they acknowledged and understood the restrictions with building setbacks and impervious coverages, they did not become aware of the maximum lot coverage restrictions until the first building review was completed. The following variance is requested for the referenced lot: 1. Variance to the current regulations to allow greater than 30% lot coverage for the house (slab area only). Current plans show lot coverage at 36.4%. The basis for the variance request is detailed below: • Having building setbacks along with a maximum lot coverage restricts residents on smaller lots. • We are already restricted on this lot by having essentially two front yard setbacks due to being on a corner lot. • Residents that purchase and desire to build on smaller lots may not want a two-story home which would be required to gain the necessary square footage for the living needs if restricted by the additional lot coverage requirement. • The regulated building setbacks should define the maximum home size on a given lot. We ask that you please consider our requests of the variance items listed above. Sincerely, Jody Alumbaugh President WillowTree Custom Homes 701 606 504 6501 6516 6413 6405 6209 610 6205 408 6516 6408 6404 6513 6201 6400 6419 6402 6515 609 6229 6300 6413 6221 6510 6417 6301 6301 502 6509 6401 6509 6513 6509 6417 6411 6400 6225 6213 6516 6200 6213 511 6404 6204 604 6500 6501 6407 6118 6517 511 6512 6518 6517 6410 6403 6418 64166416 6209 6501 6513 6507 506 6508 6517 6504 601 6414 6520 6408 6508 612 6416 6503 6412 507 411 6406 6420 6409 6106 605613 6514 6423 813 600 603 6304 6512 611 6413 6508 6300 725 6100 6205 6504 6217 6026412 6208 501 6232 6421 6412 6205 6405 6420 6408 614 6110 615 729 6233 6511 6504 6502 608 505 503 65006525 6415 6224 6505 6512 6500 6114 6228 6524 6212 616 64216421 619 6505 509 6409 6516 6500 6506 6417 607 6409 500 6505 6213 6204 6112 6205 6212 6216 6201 6108 6208 6113 6200 6109 6209 1013 501 505 705 6112 6105 901 6201 812 800 6117 6208 900 709 6200 713 501 509 6111 504 6116 6104 6105 704 801 6107 905 6113 6204 808 6104 500 6008 6108 6009800 809 6109 700 6109 6108 6112 508 6100 701 6116 6212 804 708 709 807 707 808 704812 811 803 804 712 711 703 708 819 830 826 822 818 814 810 806 802 718 714 710 706 702 MUSTANGTRR E MI N G T O N PKWYL E G A C Y T R LAVACA TR BELMONTDRCAMBRIA WAYMUSTANG CT LIBERTYCTLEGACYESTATEDREMMAS CTARCADY L NTALBOT TRCHANTAL LN HORSESHOEBNDRIDGEWOODLNTERRACE LN LANTANACTMARIE DR SAWYER D R SHETLAND DR LORRAINE PKBORDEAUX PKCIMMARON TRParcels to be notified Buffer Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC24-004 803 Marie Dr Notification Map NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: City Council Meeting: Tuesday, April 16, 2024 at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Variance to the maximum lot coverage provisions of Ordinance O-19-2075 on Lot 4, Block B, Legacy North Addition. The purpose of the variance is to allow for a new house to be built that would exceed the maximum lot coverage allowed of 30%. The house would be built with 36% lot coverage. Zoning Case:VC24-004 Applicant:WillowTree Custom Homes Owner: Gary Reynolds Location:803 Marie Dr Property Description:Lot 4, Block B, Legacy North Addition Present Zoning:PUD-R Planned Unit Development – Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Action by the City Council serves as a final action on the request. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address or email below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Citizenletters@colleyville.com NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1050. Please reference the zoning case number when requesting information. Christopher Pham Planner 1 Notify_List - Copy Owner Name Owner City Owner Zip Situs Address SCHEEF, CRAIG COLLEYVILLE, TX 76034 701 ARCADY LN KNIJNENBURG, COR COLLEYVILLE, TX 76034 6402 LORRAINE PK DYNIEWSKI, JOSH COLLEYVILLE, TX 76034 6301 LANTANA CT THOMPSON, HAROLD D COLLEYVILLE, TX 76034 6401 LORRAINE PK LEGACY NORTH COLLEYVILLE LLC GRAPEVINE, TX 76051 PRAKASH, ANA COLLEYVILLE, TX 76034 6213 LANTANA CT WILLIAMSON, DAVID COLLEYVILLE, TX 76034 6403 BORDEAUX PK NIXON, MARK COLLEYVILLE, TX 76034 6209 LANTANA CT HALLETT, CHARLES E COLLEYVILLE, TX 76034 6504 HORSESHOE BEND PALMER, AUBRA W COLLEYVILLE, TX 76034 6406 LORRAINE PK GTP ACQUISITION PARTNERS II ATLANTA, GA 31139 813 MCDONWELL SCHOOL RD W MATHEW, ARUN COLLEYVILLE, TX 76034 6304 LANTANA CT BOUTON, TERRY L COLLEYVILLE, TX 76034 611 TERRACE LN DURBIN, RICHARD G COLLEYVILLE, TX 76034 725 ARCADY LN ROUILLIER, NORMAN COLLEYVILLE, TX 76034 713 ARCADY LN BURCHETT-BAGBY LIVING TRUST COLLEYVILLE, TX 76034 6405 LORRAINE PK BURTON, BARRY L COLLEYVILLE, TX 76034 615 TERRACE LN WIRDZEK, TODD COLLEYVILLE, TX 76034 6500 HORSESHOE BEND WILLIAM J AND SHELLEY R CONN FA COLLEYVILLE, TX 76034 619 TERRACE LN DERGANC, CHRISTOPHER COLLEYVILLE, TX 76034 705 ARCADY LN KLEIN, DONALD W COLLEYVILLE, TX 76034 721 ARCADY LN EVANS, DAVID COLLEYVILLE, TX 76034 717 ARCADY LN ROBERTS, KAREN COLLEYVILLE, TX 76034 6409 LORRAINE PK GARRETT, COY E ARLINGTON, TX 76013 709 ARCADY LN SCHNIEGENBERG, GREGORY COLLEYVILLE, TX 76034 901 LEGACY TR COMMONWEALTH VICTORY TRUST COLLEYVILLE, TX 76034 6201 RIDGEWOOD LN LAINE, RURI COLLEYVILLE, TX 76034 905 LEGACY TR CHUNG, KRAMER COLLEYVILLE, TX 76034 809 LEGACY TR JBH IRREVOCABLE ASSET TRUST ARLINGTON, TX 76003 807 MARIE DR SOUTHERN PLACES LLC SOUTHLAKE, TX 76092 707 MARIE DR GENZER, STEPHEN COLLEYVILLE, TX 76034 808 SAWYER DR MENTAVLOS, MICHAEL COLLEYVILLE, TX 76034 704 SAWYER DR STOVALL, DANITA COLLEYVILLE, TX 76034 812 SAWYER DR ANAND, KAPIL FORT WORTH, TX 76244 811 MARIE DR PATEL, RUPAL FREMONT, CA 94539 803 MARIE DR CHIP ROOP IRREVOCABLE LIVING TR PIKEVILLE, KY 41502 804 SAWYER DR TRAINOR, KAREN COLLEYVILLE, TX 76034 712 SAWYER DR LAIRD, JOHN NORTH RICHLAND HILLS, TX 76182 711 MARIE DR MILLER, KENNETH NORTH RICHLAND HILLS, TX 76182 703 MARIE DR YUHAN, JOHN HURST, TX 76054 708 SAWYER DR STALLINGS FAMILY LIMITED PARTNE SOUTHLAKE, TX 76092 830 MARIE DR WINSTAR CONTRACTORS LP FORT WORTH, TX 76116 826 MARIE DR GATHWAL, KRISHNA COLLEYVILLE, TX 76034 822 MARIE DR OFF COURSE LLC SOUTHLAKE, TX 76092 818 MARIE DR KM PROPERTIES INCORPORATED GRAPEVINE, TX 76051 814 MARIE DR MORTON, JOHN SOUTHLAKE, TX 76092 810 MARIE DR GARFF, WHITNEY F COLLEYVILLE, TX 76034 806 MARIE DR AKINMURELE OLADOTUN PORTALES, NM 88130 802 MARIE DR JOAN C HUEY REVOCABLE LIVING TR COLLEYVILLE, TX 76034 718 MARIE DR GUERRA, ROBERT COLLEYVILLE, TX 76034 714 MARIE DR FRENCH BEARS REVOCABLE TRUST COLLEYVILLE, TX 76034 710 MARIE DR MOWDY, FLOYD DANIEL COLLEYVILLE, TX 76034 706 MARIE DR BROADWAY, CATHY COLLEYVILLE, TX 76034 702 MARIE DR REMINGTON PARK ADDITION KELLER ,TX 76244 COURTESY NOTICE THE LEGACY DENTON ,TX 76206 COURTESY NOTICE LAVACA TRAIL ESTATES COLLEYVILLE ,TX 76034 COURTESY NOTICE ROSEWOOD VILLAS COLLEYVILLE ,TX 76034 COURTESY NOTICE VILLAS OF COLLEYVILLE NORTH RICHLAND HILLS ,TX 76180 COURTESY NOTICE KELLER ISD KELLER, TX 76248 STATE REQUIRED WILLOWTREE CUSTOM HOMES SOUTHLAKE, TX 76092 APPLICANT RESOLUTION R-24-4930 A RESOLUTION APPROVING A REQUEST FOR A VARIANCE TO THE PROVISIONS OF ORDINANCE O-19-2075, SPECIFICALLY FOR LOT COVERAGE, IN THE PUD-R PLANNED UNIT DEVELOPMENT - RESIDENTIAL DISTRICT, FOR LOT 4, BLOCK B, LEGACY NORTH ADDITION, LOCATED AT 803 MARIE DRIVE NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the variance to allow for the lot coverage to be 36.4 percent in the PUD-R Planned Unit Development – Residential district located at 803 Marie Drive (the “Property”), as depicted in Exhibit “A” hereto, is approved. Sec. 2. THAT this Resolution shall become effective immediately upon passage; provided that, the variance for the Property shall become effective immediately upon the conditions stated herein being fully satisfied. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 16TH DAY OF APRIL 2024. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor Attachment “A” Attachment “B” City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 7b Agenda Date 4/16/2024 Number Resolution R-24-4931 Type Resolution Department Community Development Title Consideration of a variance to lot size, lot area and lot width, on Lot 15 of the Community Home Addition, located at 5008 Rose Street, Case VC24-005 Explanation Reading and Public Hearing Morton Buildings, Inc., the applicant, has submitted a request for variance to the provisions of Section 3.24.G, Schedule of District Regulations of the Land Development Code, specifically for the lot size (area and width) in the R-40 Single Family Residential district. The request is to allow for a new accessory structure to be built on a property with an existing home. The lot area is 33,776 square feet and the lot width is 125 feet. Existing Conditions/Background: The subject property, 5008 Rose Street, resides on Rose Street north of the intersection of Rose Street and Glade Road, and has R-40 zoning. This is an existing platted lot that is developed with a single-family home. Requested Variance: The applicant is requesting a variance to the lot size, specifically lot area and lot width, to allow for a new accessory structure to be constructed. The existing R-40 zoning requires a minimum of 40,000 square feet for the lot area and 150 feet for lot width when developed with a single-family residential use. The variance would allow for the existing lot area of 33,776 square feet and lot width of 125 feet. Ordinance – Chapter 3 – Land Use – Section 3.24.G Schedule of District Regulations The minimum standards for the R-40 zoning district are as follows: Minimum Lot Size 40,000 square feet Minimum Lot Width 150 feet Minimum Lot Depth 150 feet Front Building Line 40 feet Side Building Line 15 feet Rear Building Line 25 feet Max. Lot Coverage 20% Max. Impervious Coverage 50% Plat Status: The property is currently platted as Lot 15 of the Community Home Addition. City of Colleyville Page 2 City Council Agenda Briefing 7b DRC Review: The Development Review Committee (DRC) reviewed the request at their March 18, 2024 meeting and determined the application was complete and may be scheduled for the next available City Council meeting. Drainage: N/A Surrounding Development: The properties to the north, south, east, and west are zoned R-40 Single Family Residential district and are improved with single- family residential homes. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star- Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff recommends denial due to technical non-compliance. Financial Impact There is no financial impact to the City. Recommendation Denial Attachments 1.Aerial Map 2.Zoning Map 3.Future Land Use Map 4.Statement of Planning Objectives 5.Site Plan 6.Grading-Drainage Plan 7.Notification Map 8.Notification Letter 9.Notification List 10.Resolution R-24-4931 1504 5019 1416 5005 5012 4808 5013 4900 1604 4900 5105 5012 4905 5004 4900 4904 1500 4901 5101 4801 4901 5105 1504 5000 5111 1500 4808 5121 5009 1600 4809 5113 5013 4901 4901 5013 1317 1508 5100 5101 5009 4910 1600 5108 5016 5004 5017 4905 1405 1512 4916 4808 5009 5005 4800 5021 1701 5001 5109 5005 5104 1315 5025 5117 5100 5011 5017 5016 1604 5125 1412 4809 5008 1608 1609 1700 1612 1501 15091505 4900 4912 5008 5108 5104 1611 GLADE R DBLUEBONNET DRSTAFFORD DRMANNING DRCHERRY LN BEHRENSRDROSE STSubject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC24-005 5008 Rose St Aerial Map 1504 5019 1416 5005 5012 4808 5013 4900 1604 4900 5105 5012 4905 5004 4900 4904 1500 4901 5101 4801 4901 5105 1504 5000 5111 1500 4808 5121 5009 1600 4809 5113 5013 4901 4901 5013 1317 1508 5100 5101 5009 4910 1600 5108 5016 5004 5017 4905 1405 1512 4916 4808 5009 5005 4800 5021 1701 5001 5109 5005 5104 1315 5025 5117 5100 5011 5017 5016 1604 5125 1412 4809 5008 1608 1609 1700 1612 1501 15091505 4900 4912 5008 5108 5104 1611 GLADE R DBLUEBONNET DRSTAFFORD DRMANNING DRCHERRY LN BEHRENSRDROSE STR-20 PUD-R R-30 R-20R-20 R-40 R-20 Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC24-005 5008 Rose St Zoning Map 1504 5019 1416 5005 5012 4808 5013 4900 1604 4900 5105 5012 4905 5004 4900 4904 1500 4901 5101 4801 4901 5105 1504 5000 5111 1500 4808 5121 5009 1600 4809 5113 5013 4901 4901 5013 1317 1508 5100 5101 5009 4910 1600 5108 5016 5004 5017 4905 1405 1512 4916 4808 5009 5005 4800 5021 1701 5001 5109 5005 5104 1315 5025 5117 5100 5011 5017 5016 1604 5125 1412 4809 5008 1608 1609 1700 1612 1501 15091505 4900 4912 5008 5108 5104 1611 GLADE R DBLUEBONNET DRSTAFFORD DRMANNING DRCHERRY LN BEHRENSRDROSE STResidential Open Space; Parks Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC24-005 5008 Rose St Future Land Use Map Lane Property 5008 Rose St, Colleyville Purpose for variance request. Requesting variance to the lot size to allow 3for accessory building. 1504 5019 1416 5005 5012 4808 5013 4900 1604 4900 5105 5012 4905 5004 4900 4904 1500 4901 5101 4801 4901 5105 1504 5000 5111 1500 4808 5121 5009 1600 4809 5113 5013 4901 4901 5013 1317 1508 5100 5101 5009 4910 1600 5108 5016 5004 5017 4905 1405 1512 4916 4808 5009 5005 4800 5021 1701 5001 5109 5005 5104 1315 5025 5117 5100 5011 5017 5016 1604 5125 1412 4809 5008 1608 1609 1700 1612 1501 15091505 4900 4912 5008 5108 5104 1611 GLADE R DBLUEBONNET DRSTAFFORD DRMANNING DRCHERRY LN BEHRENSRDROSE STParcels to be notified Buffer Subject Property DISCLAIMER: This map and information contained in it were developed exclusively for use by the City of Colleyville. Any use or reliance on this map by anyone else is at that party's risk and without liability to the City of Colleyville, its officials or employees for any discrepancies, errors, or variances which may exist. VC24-005 5008 Rose St Notification Map NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: City Council Meeting: Tuesday, April 16, 2024 at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Variance to lot size on Lot 15 of the Community Home Addition. The purpose of the variance is to allow for an accessory building. The size of the lot does not comply with the minimum area or width regulations of the R-40 Single Family Residential zoning district. Zoning Case:VC24-005 Applicant:Morton Buildings, Inc Owner: Ronnie and Kristi Lane Revocable Trust Location:5008 Rose St Property Description:Lot 15, of the Community Home Addition Present Zoning:R-40, Single Family Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Action by the City Council serves as a final action on the request. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address or email below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Citizenletters@colleyville.com NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1050. Please reference the zoning case number when requesting information. Christopher Pham Planner 1 Notify_List - Copy Owner Name Owner City Owner Zip Situs Address BABIN, CHRISTOPHER COLLEYVILLE, TX 76034 1504 GLADE RD BEDDOE, MATTHEW COLLEYVILLE, TX 76034 5019 BLUEBONNET DR COLLEYVILLE, CITY OF COLLEYVILLE, TX 76034 1416 GLADE RD WINTERS, DAN L COLLEYVILLE, TX 76034 5013 ROSE ST WINSWORTH, LLOYD A SANTA ROSA, CA 95405 4900 STAFFORD DR HERRON, DAVID COLLEYVILLE, TX 76034 5105 ROSE ST WILLIAMS, LACI COLLEYVILLE, TX 76034 5012 ROSE ST ALBERT, JOHN M COLLEYVILLE, TX 76034 5004 ROSE ST SMITH, RICHARD COLLEYVILLE, TX 76034 4901 MANNING DR GRIFFIN, JOHN COLLEYVILLE, TX 76034 1500 GLADE RD STEWART, LARRY R COLLEYVILLE, TX 76034 5009 ROSE ST MOORE, MELISSA COLLEYVILLE, TX 76034 5013 BLUEBONNET DR LUCKHORN CAPITAL LLC COLLEYVILLE, TX 76034 4901 STAFFORD DR STEWART, CONNIE COLLEYVILLE, TX 76034 5100 ROSE ST FORDYCE, MARK COLLEYVILLE, TX 76034 5101 ROSE ST BONNIE STANFIELD TRUST MC KINNEY, TX 75069 5009 BLUEBONNET DR HERRING, CANDY COLLEYVILLE, TX 76034 1600 GLADE RD GARDNER, JACKIE COLLEYVILLE, TX 76034 5017 BLUEBONNET DR NGUYEN, HAI COLLEYVILLE, TX 76034 4916 BEHRENS RD BONNIE STANFIELD TRUST FORT WORTH, TX 76102 5005 BLUEBONNET DR DAVID AND KECIA MALDONADO REVOC COLLEYVILLE, TX 76034 1701 GLADE RD BACA, CHAD COLLEYVILLE, TX 76034 5005 ROSE ST ROBERT SALTER FAMILY LP FORT WORTH, TX 76102 5011 BLUEBONNET DR STEWART, LARRY COLLEYVILLE, TX 76034 5016 ROSE ST BAUM, DANIEL COLLEYVILLE, TX 76034 1604 GLADE RD RONNIE AND KRISTI LANE REVOCABL COLLEYVILLE, TX 76034 5008 ROSE ST TRAVIS, COLIN COLLEYVILLE, TX 76034 1609 CHERRY LN DUCIC, YADRANKO COLLEYVILLE, TX 76034 1700 GLADE RD DONEPUDI, SREECHANDRA COLLEYVILLE, TX 76034 1501 CHERRY LN STEWART, LARRY COLLEYVILLE, TX 76034 1509 CHERRY LN MADAR, ALEXANDER COLLEYVILLE, TX 76034 1505 CHERRY LN WINSWORTH, LLOYD A SANTA ROSA, CA 95405 4900 MANNING DR COURON, SUSAN COLLEYVILLE, TX 76034 5108 ROSE ST CLARK, HARRY P COLLEYVILLE, TX 76034 5104 ROSE ST CHELSEA PARK ADDITION COLLEYVILLE ,TX 76034 COURTESY NOTICE BRIDGES AT RIVERWALK ADDITION COLLEYVILLE ,TX 76034 COURTESY NOTICE PRESERVATION COPPELL ,TX 75019 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD GRAPEVINE, TX 76051 STATE REQUIRED MORTON BUILDERS, INC.MORTON, IL 61550 APPLICANT RESOLUTION R-24-4931 A RESOLUTION APPROVING A REQUEST FOR A VARIANCE TO THE PROVISIONS OF SECTION 3.24.G SCHEDULE OF DISTRICT REGULATIONS OF THE LAND DEVELOPMENT CODE, SPECIFICALLY FOR LOT AREA AND LOT WIDTH, IN THE R-40 SINGLE FAMILY RESIDENTIAL DISTRICT, FOR LOT 15, COMMUNITY HOME ADDITION, LOCATED AT 5008 ROSE STREET NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the variance to allow for the lot area to be 33,776 square feet and the lot width to be 125 feet in the R-40 Single Family Residential district located at 5008 Rose Street (the “Property”), as depicted in Exhibit “A” hereto, is approved. Sec. 2. THAT this Resolution shall become effective immediately upon passage; provided that, the variance for the Property shall become effective immediately upon the conditions stated herein being fully satisfied. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 16TH DAY OF APRIL 2024. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor Attachment “A” Attachment “B” City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number 8a Agenda Date 4/16/2024 Number Resolution R-24-4926 Type Resolution Department City Council Title Consideration of a variance to lot size, side yard setback, maximum lot coverage, and maximum impervious coverage on Lot 3, Block 19, of Woodland Hills at Colleyville, located at 3401 Middleton Way, Case VC24-003 Explanation Reading and Public Hearing THE ITEM WAS TABLED FROM THE APRIL 2, 2024 MEETING. Strong Rock Landscaping, the applicant, has submitted a request for a variance to the provisions of Section 3.24.G Schedule of District Regulations of the Land Development Code, specifically to lot size (area, width, and depth), lot coverage, side yard setback, and impervious coverage in the RD Two-Family Residential zoning district. The request is to allow for a new patio cover to be built within the required side yard setback and to allow for the site to exceed the maximum allowable lot and impervious coverage to allow for additional concrete and turf to be added in the backyard. Existing Conditions/Background: The subject property, 3401 Middleton Way, has RD zoning and is located east of the intersection of Cheek-Sparger and Pembrooke Road West. The subject property is generally located northeast of the intersection of Cheek- Sparger Road and Martin Parkway, and is developed with a single-family residence built in 1988. Requested Variance: The applicant is requesting a variance to the lot size (area, width, and depth), allowable maximum lot coverage, side yard setback, and maximum impervious coverage to allow for a new patio cover to be built and to add additional turf and concrete in the backyard. The patio cover would be placed within the required 10 foot side yard setback. Additionally, the lot does not conform to the lot size, lot setback, and lot and impervious coverage requirements of the R-20 zoning district standards, and as such would require variances to permit new construction. Section 3.14 RD - Two-Family Residential District F. Single-Family Residential Uses – When a property with RD zoning is developed with a single-family residential use, the property shall conform to the standards of the R-20 Single Family Residential zoning district. City of Colleyville Page 2 City Council Agenda Briefing 8a Minimum Lot Size 20,000 square feet 9,689 square feet Minimum Lot Width 100 feet 85 feet Minimum Lot Depth 125 feet 115 feet Front/Street Side Building Line 30 feet Side Building Line 10 feet 6 feet Rear Building Line 25 feet Max. Lot Coverage 30% ~41% Max. Impervious Coverage 60% ~79% Analysis: Properties developed for a single-family use in the RD zoning district must conform to R-20 Single Family Residential standards. The lot fails to meet the lot size requirements of R-20 and requires a variance to allow for new construction. The proposed cover would be attached to the house and made integral to the home. The cover would extend into the required side yard setback and be placed 6 feet away from the side property line. The lot is currently at 66.56% impervious coverage and the new patio cover, turf, and concrete would place the lot at approximately 79% impervious coverage. Plat Status: The property is currently platted as Lot 3, Block 19, of the Woodland Hills Addition. DRC Review: The Development Review Committee (DRC) reviewed the request at their March 18, 2024 meeting and offered the following comments to the applicant. 1. Encroachment agreement is required to encroach into existing 5' drainage and utility easement. 2. Typically, vertical improvements are not recommended for approval by staff, but final approval is determined by the Public Works Director. Drainage: NA Surrounding Development: The properties to the north, east, and west are zoned RD and contain single-family residential development. Cheek-Sparger Road is located to the south. Public Notification: Staff mailed notices to all property owners within 500 feet as well as any Homeowners Associations within 1,000 feet of the subject property regarding this request. Grapevine-Colleyville ISD, where the subject property is located, was notified per State law. Notice was published in the Fort Worth Star-Telegram as required by State law and the Land Development Code. Staff Recommendation: Staff recommends denial due to technical non-compliance. Financial Impact There is no financial impact to the City. City of Colleyville Page 3 City Council Agenda Briefing 8a Recommendation Denial Attachments 1. Request to Table 2. Aerial Map 3. Zoning Map 4. Future Land Use Map 5. Statement of Planning Objectives 6. Site Plan 7. Attached Patio Cover 8. Pergola Exhibits 9. Site Plan Concrete and turf 10. Notification Letter 11. Notification Map 12. Notification List 13. Resolution R-24-4926 From:Strong Rock Landscaping & Outdoors To:Christopher Pham Subject:Re: 3401 Middleton Way Variance Requests Date:Monday, March 25, 2024 1:31:29 PM Attachments:image001.png Hello Chris, Can you please reschedule our variance request for the April 16th city council meeting please. Thank you Strong Rock Landscaping & Outdoors Isaac Garcia (214) 684-6288 3401 Middleton way Statement of Objectives • Concrete will slab along the East side of the house but not attached to the foundation (1ft separation) • Concrete slab under the new pergola area on the back of the house connected to the existing sidewalk around the pool • Turf install along the back part of the yard closest to the brick fence (12x39) All concrete will be sloped to properly to the drain • All concrete will be sloped to properly to the the drains • All drains will be upgraded to accommodate all the new upgrades Several other houses in the vicinity also fully cover the backyard Statement of Planning Objectives for 3401 Middleton way - The pergola will be built more than 6ft from perimeter fences - Pergola height 8ft tall at maximum point - Similar pergola has been built on the same street - Pergola will be built with natural cedar - Pergola will not be attached to the house structurally Houses in the neighborhood with pergolas: Belng Lol 5, Block 19, AMENDING PLAT OF WOODLAND HILLS, SIXTH FlLlNG, on Addition ln Tqrrqni counly, Texos, qccordlng lo lhe Mqp or Plot lhereof, recorded in Volume 588-181, Pog€ 65, Plol Records, Torronl counly, Taxos' o r/2' RoD FOUXD @ 1/2' RoD sET o 5,/E ROD FOUND 8'x' FouND,/sEl E 5,/8. RoD FoUND f ooa rrl rouxo - FENCE POSTu FoR coRNER ..- CONTROLLINOUT xoNUMENT ^" t[*',r,or.... -- POOLtsL EoutPyENr rE ]mNsFoRuER I COLUMN . POWER POLE . UNDERGROUND- ELEcrRtc a OVERHEAD. ErISTRIC ----oHP- OYERHEAD ELECTRIC POWER -oEs-OVERHEAD ETICTRIC SERVICE_o- CHAIN LINK wooD FENCE 0.5'I wlDE TYPICAL I| -ru-I IRON FENCE I| -x-I BARBED WRE I| - LJ-I ooueLE srosoI wooD FENCE I II EDGE OF ASPHALTl^I socr or onlveLI r:r-,.,1..--.raI coxcnfis COVERED AREA 15' TRINITY RIYER AUTHORITY & WATER LINE--EsMT. CHEEK.SPARGER 50'R"0.w" 0.6' ON l,?u-*" - 5, DRAINAGE & UTILITY ESMT. LOT 4 oq rr) = @|r) (oo lrJ 6|n LOT 2 0.1 ' , BL , N>: NOTE! PROPERTY SUBJECT TO TERMS, CONDIIIONS, AND EASEMENTS INTAINFD IN INSTRUUENTS RECORDED IN NOTES: NOTE. BEARINGS, EASEMENTS AND BUILDINO LINES ARE BY RECORDED PLAT UNLESS OTHERWISE NOTED. FLOOD NOTE: Aocordlng lo the F.|.R.M. No. itE459C0250K, lhl3 Proporly do.s ll. lh Zono X ond DOES NOT lto wllhln lh€ 100 y.or flood zono. Gate 3401 Middleton Way Pergola Exhibits - The Red Line shows where the pergola will be attached to the house Belng Lol 5, Block 19, AMENDING PLAT OF WOODLAND HILLS, SIXTH FlLlNG, on Addition ln Tqrrqni counly, Texos, qccordlng lo lhe Mqp or Plot lhereof, recorded in Volume 588-181, Pog€ 65, Plol Records, Torronl counly, Taxos' o r/2' RoD FOUXD @ 1/2' RoD sET o 5,/E ROD FOUND 8'x' FouND,/sEl E 5,/8. RoD FoUND f ooa rrl rouxo - FENCE POSTu FoR coRNER ..- CONTROLLINOUT xoNUMENT ^" t[*',r,or.... -- POOLtsL EoutPyENr rE ]mNsFoRuER I COLUMN . POWER POLE . UNDERGROUND- ELEcrRtc a OVERHEAD. ErISTRIC ----oHP- OYERHEAD ELECTRIC POWER -oEs-OVERHEAD ETICTRIC SERVICE_o- CHAIN LINK wooD FENCE 0.5'I wlDE TYPICAL I| -ru-I IRON FENCE I| -x-I BARBED WRE I| - LJ-I ooueLE srosoI wooD FENCE I II EDGE OF ASPHALTl^I socr or onlveLI r:r-,.,1..--.raI coxcnfis COVERED AREA 15' TRINITY RIYER AUTHORITY & WATER LINE--EsMT. CHEEK.SPARGER 50'R"0.w" 0.6' ON l,?u-*" - 5, DRAINAGE & UTILITY ESMT. LOT 4 oq rr) = @|r) (oo lrJ 6|n LOT 2 0.1 ' , BL , N>: NOTE! PROPERTY SUBJECT TO TERMS, CONDIIIONS, AND EASEMENTS INTAINFD IN INSTRUUENTS RECORDED IN NOTES: NOTE. BEARINGS, EASEMENTS AND BUILDINO LINES ARE BY RECORDED PLAT UNLESS OTHERWISE NOTED. FLOOD NOTE: Aocordlng lo the F.|.R.M. No. itE459C0250K, lhl3 Proporly do.s ll. lh Zono X ond DOES NOT lto wllhln lh€ 100 y.or flood zono. Gate NOTICE OF PUBLIC HEARING «Owner_Name» «Owner_Address» «Owner_City» «Owner_Zip» The City of Colleyville has scheduled public hearings concerning the below referenced request on the following dates and location: City Council Meeting: Tuesday, April 2, 2024 at 7:00 p.m. 3rd floor of City Hall, 100 Main Street, Colleyville, Texas Request: Consideration of a Variance to lot size, side yard setbacks, and maximum impervious coverage on Lot 3, Block 19, of Woodland Hills at Colleyville. The purpose of the variance is to allow for an attached patio cover to be built within the required side yard setback and concrete and turf to be added to the backyard which would exceed the allowable 60% impervious coverage. The size of the lot does not comply with the minimum area, width, or depth regulations. Zoning Case:VC24-003 Applicant:Strong Rock Landscaping Owner: Eleazar Mendoza Location:3401 Middleton Way Property Description:Lot 3, Block 9, Woodland Hills at Colleyville Present Zoning:RD Two-Family Residential This notice has been sent to all owners of real property within 500 feet of the request as such ownership appears on the last approved tax roll and all homeowners associations within 1000 feet. Action by the City Council serves as a final action on the request. All interested persons are encouraged to attend the public hearing and express their opinions on the zoning change request. If you are unable to attend, but wish to have your opinions made a part of the public record, please submit written comments prior to the public hearing, to the address or email below: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Citizenletters@colleyville.com NOTICE OF PUBLIC HEARING The application is on file for public examination in the Community Development Department at 100 Main Street, Colleyville, Texas 76034. A brief project description can be found online on the Agenda Packet and Active Development Case map (please use your phone’s camera to scan QR code below): For additional information, please contact the Community Development Department at 817.503.1050. Please reference the zoning case number when requesting information. Christopher Pham Planner 1 Notify_List - Copy Owner Name Owner City Owner Zip Situs Address EAST, DANNY GILBERT COLLEYVILLE, TX 76034 4000 PEMBROOKE PKWY W FISHER, GERALD COLLEYVILLE, TX 76034 3401 LANGLEY HILL LN SAVOIE, JOSEPH COLLEYVILLE, TX 76034 3905 MARTIN PKWY GRUMMER, ROGER H COLLEYVILLE, TX 76034 3305 LANGLEY HILL LN ORANGE SHARK 13 REVOCABLE TRUST COLLEYVILLE, TX 75234 3300 MIDDLETON WAY WALLACE, JOHN D COLLEYVILLE, TX 76034 3304 LANGLEY HILL LN HUBNIK, MELODY A COLLEYVILLE, TX 76034 3302 LANGLEY HILL LN MONTGOMERY, GREG COLLEYVILLE, TX 76034 3302 MIDDLETON WAY DO, KATHY REDMOND, WA 98052 3404 MIDDLETON WAY JONES, PATRICK F COLLEYVILLE, TX 76034 3407 BOWDEN HILL LN N GALANTE, WENDY COLLEYVILLE, TX 76034 3406 MIDDLETON WAY BEALS, ENELL COLLEYVILLE, TX 76034 3405 BOWDEN HILL LN N NOVAK, DAVID COLLEYVILLE, TX 76034 3403 LANGLEY HILL LN CANTU, GARY COLLEYVILLE, TX 76034 3410 MIDDLETON WAY MOSS, JAMES R COLLEYVILLE, TX 76034 3901 MARTIN PKWY JONES, PAUL COLLEYVILLE, TX 76034 3303 BOWDEN HILL LN N BURSON, BONNIE BETH COLLEYVILLE, TX 76034 3407 LANGLEY HILL LN BARSALLO, CESAR J COLLEYVILLE, TX 76034 3403 MIDDLETON WAY DEVITO, HELEN MARIE EST COLLEYVILLE, TX 76034 3402 MIDDLETON WAY BAILEY, MARY H COLLEYVILLE, TX 76034 3303 LANGLEY HILL LN FANNIN, WILLIAM P COLLEYVILLE, TX 76034 3403 BOWDEN HILL LN N SULAK, DEBORAH COLLEYVILLE, TX 76034 3301 MIDDLETON WAY JOHNSON, LARRY B COLLEYVILLE, TX 76034 3408 LANGLEY HILL LN GREER, BRADLEY COLLEYVILLE, TX 76034 3404 LANGLEY HILL LN MILLER, RONALD JAKE COLLEYVILLE, TX 76034 3409 LANGLEY HILL LN BRUTON, MELANIE M COLLEYVILLE, TX 76034 3303 MIDDLETON WAY PAZIK, CYNTHIA COLLEYVILLE, TX 76034 3402 LANGLEY HILL LN LEMERE, DEBORAH COLLEYVILLE, TX 76034 3902 PEMBROOKE PKWY W BILL AND MARY OTTO FAMILY TRUST COLLEYVILLE, TX 76034 3412 MIDDLETON WAY BALLARD, CHRISTOPHER L ETAL COLLEYVILLE, TX 76034 3305 BOWDEN HILL LN N HAKES, DANA COLLEYVILLE, TX 76034 3904 PEMBROOKE PKWY W BATES, STEPHEN COLLEYVILLE, TX 76034 3411 LANGLEY HILL LN SILVERMAN, DONALD DALLAS, TX 75261 3411 MIDDLETON WAY LETHCOE, CHERRY COLLEYVILLE, TX 76034 3908 PEMBROOKE PKWY W LEE, WEI JEN COLLEYVILLE, TX 76034 3903 MARTIN PKWY DAVIS, KELLY COLLEYVILLE, TX 76034 3409 MIDDLETON WAY SANCHEZ, MARIO A COLLEYVILLE, TX 76034 3400 MIDDLETON WAY IXANOV, RUSTEM COLLEYVILLE, TX 76034 3301 LANGLEY HILL LN MENDOZA, ELEAZAR COLLEYVILLE, TX 76034 3401 MIDDLETON WAY CABLE, RYAN COLLEYVILLE, TX 76034 3405 LANGLEY HILL LN BARNA, MARY ANN COLLEYVILLE, TX 76034 3406 LANGLEY HILL LN SHELTON, MELANIE COLLEYVILLE, TX 76034 3400 LANGLEY HILL LN BEVERS, KELLY COLLEYVILLE, TX 76034 3300 LANGLEY HILL LN HABAS, ANDREW COLLEYVILLE, TX 76034 3907 MARTIN PKWY BESSINGER, STANLEY COLLEYVILLE, TX 76034 3407 MIDDLETON WAY MCCARTNEY, CAMERON COLLEYVILLE, TX 76034 3405 MIDDLETON WAY AYERS, CRAIG W COLLEYVILLE, TX 76034 3408 MIDDLETON WAY CALDWELL, CARLA COLLEYVILLE, TX 76034 3401 BOWDEN HILL LN N ZIEGLER, DAVID C COLLEYVILLE, TX 76034 3410 LANGLEY HILL LN GRATZKE, MARY KATHRYN COLLEYVILLE, TX 76034 3906 PEMBROOKE PKWY W CARLISLE, ROBERT COLLEYVILLE, TX 76034 3900 PEMBROOKE PKWY W ROBERTSON, JULIE J COLLEYVILLE, TX 76034 3301 BOWDEN HILL LN N STOVALL, SCOTT COLLEYVILLE, TX 76034 3905 BOWDEN HILL LN E RICKS, BRITTNEY COLLEYVILLE, TX 76034 3903 BOWDEN HILL LN E YU, CHIAO-CHIN MARK COLLEYVILLE, TX 76034 3901 BOWDEN HILL LN E WOODLAND HILLS (COLLEYVILLE)COLLEYVILLE ,TX 76034 COURTESY NOTICE CREEKSIDE COPPELL ,TX 75019 COURTESY NOTICE GRAPEVINE COLLEYVILLE ISD GRAPEVINE, TX 76051 STATE REQUIRED Strongrock Landscaping McKinney, TX 75071 RESOLUTION R-24-4926 A RESOLUTION APPROVING A REQUEST FOR A VARIANCE TO SECTION 3.24.G, SCHEDULE OF DISTRICT REGULATIONS OF THE LAND DEVELOPMENT CODE, SPECIFICALLY FOR LOT AREA, LOT WIDTH, LOT DEPTH, LOT COVERAGE, SIDE YARD SETBACK, AND IMPERVIOUS COVERAGE IN THE RD TWO-FAMILY RESIDENTIAL DISTRICT, FOR LOT 3, BLOCK 19, WOODLAND HILLS ADDITION, LOCATED AT 3401 MIDDLETON WAY NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the variance to allow for the lot area to be approximately 9,689 square feet, the lot width to be 85 feet, the lot depth to be 115 feet, the impervious coverage to be 79 percent, the lot coverage to be 41 percent, and to allow for an attached patio cover with a side yard setback of 6 feet in the RD Two-Family Residential district located at 3401 Middleton Way (the “Property”), as depicted in Exhibit “A” hereto, is approved. Sec. 2. THAT this Resolution shall become effective immediately upon passage; provided that, the variance for the Property shall become effective immediately upon the conditions stated herein being fully satisfied. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ___ AYES, ___ NAYS, ON THIS THE 16TH DAY OF APRIL 2024. Mayor Bobby Lindamood Aye Mayor Pro Tem Callie Rigney Aye Brandi Elder, Place 1 Aye George Bond, Place 2 Aye Scotty Richardson, Place 3 Aye Ben Graves, Place 4 Aye Chuck Kelley, Place 5 Aye ATTEST: CITY OF COLLEYVILLE Christine Loven, TRMC Bobby Lindamood City Secretary Mayor Attachment “A” Attachment “B” City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL BRIEFING Agenda Number Agenda Date 4/16/2024 Type Report Department City Secretary Title Colleyville Library Board Minutes - December 11, 2023 Planning and Zoning Commission Minutes - March 11, 2024 Planning and Zoning Commission Worksession Minutes - March 25, 2024 Attachments 1. Colleyville Library Board Minutes - December 11, 2023 2. Planning and Zoning Commission Minutes - March 11, 2024 3. Planning and Zoning Commission Worksession Minutes - March 25, 2024 City of Colleyville Page 1 CITY OF COLLEYVILLE COLLEYVILLE LIBRARY BOARD MINUTES 110 Main Street, Colleyville, Texas, 76034 MONDAY, DECEMBER 11, 2023 – 6:00 PM 1. CALL TO ORDER Chair Molly Skinner called the meeting of the Colleyville Library Board to order at 6:05 p.m. Present: Chair Molly Skinner, and Board members: Wanda Cotter, Kay Newton, Joy Fulton Lee, Al Cain, and Merry Graves. City staff: Library Director Mary Rodne and Library Community Events Coordinator Maria Hoefke. Absent: Gary McPherson, Joseph Stout, Joan Roberts, Susan Baum, Denise Light. 2. APPROVAL OF MINUTES October 9, 2023 A motion was made by Kay Newton and seconded by Al Cain to approve the October 9, 2023 minutes. The motion was approved unanimously. 3. REGULAR AGENDA ITEMS 3a Introduction of new Colleyville Library Board Members Board Chair Molly Skinner asked the members to introduce themselves as two new Board members were added to this year's roster, Al Cain and Susan Baum. The memberships of Board members Kay Newton, Wanda Cotter and Alternate 1 member Joseph Stout had been renewed. 3b Election of Chair and Vice Chair Board members discussed nominations for the upcoming year. A motion was made by Wanda Cotter to have Molly Skinner continue as Chairman of the Colleyville Library Board. The motion was seconded by Kay Newton. Kay Newton nominated Joy Fulton Lee as Vice-Chair. The motion was seconded by Molly Skinner. The nominations were approved, as presented, with a unanimous vote. Colleyville Library Board Minutes December 11, 2023 City of Colleyville Page 2 3c Review Colleyville Library Board Bylaws Director Rodne stated that Library Board Bylaws were included, annually, for member review. Rodne reminded the Board of the importance of adhering to meeting attendance guidelines and described the general frequency of Library Board meetings. 3d Discussion of Items for Future Agendas Library Board member Wanda Cotter asked if something could be done to honor former Library Board member Pat Jones for her years of service to the Board and the Library. Director Rodne stated that Pat Jones had been a member almost from the start and was one of the original members of a community group to start the formation of a Library in Colleyville. Rodne said she would inquire with the City Secretary's Office as to what the Library Board could do to honor Pat Jones' service. 4. REPORTS 4a Librarian's Report A. Monthly Statistics Director Rodne stated that the Library is doing very well. Statistics were up in many areas, said Rodne, however people visiting the Library is less than last year due to high voter turnout last year. Additionally when voting is no longer at the Library it will take down the gate count. However, Rodne stated program attendance and computer usage are up. Library card sign-up fluctuates as some months are higher than others. Circulation numbers are up one percent overall and Rodne said the cloudlibrary usage is still strong with downloads up nine percent. Board members stated they were impressed with cloudlibrary and the ability to read the Dallas newspaper and magazines digitally on a daily basis. Rodne said the Library has renewed PressReader and is considering supplementing the Library's magazine collection with Flipster, another online service. Also, Consumer Reports was previously provided by the State Library and has since been dropped and the Library is considering adding an online subscription for the publication. Board members also asked about the Fort Worth Star Telegram. Rodne stated it currently is provided by the Library through Newsbank, an online database which also carries many smaller newspapers around the country. Colleyville Library Board Minutes December 11, 2023 City of Colleyville Page 3 Additionally, Rodne said the Library volunteer hours are lower as compared to the summer without the National Charity League volunteers. However, the Library had 166 total number of volunteer hours with 49 volunteers. B. Donations Rodne said the Library received $3,134.61 from the Friends of the Library. With those funds, the Library purchased eight additional iPads. Rodne said the Library had four iPads, and now with this purchase, there is enough for a class. Rodne added the Library also purchased seven Dash Bots, used for coding in STEAM programming and Library activities throughout the year. Board member Cain asked if the Library had considered hosting a class on how to use eReaders or databases, specifically for seniors. Rodne said the Library currently holds a monthly class for that purpose. Additionally, any of the Librarians would be able to assist at any time with digital devices. C. Library Programs Rodne reported that the Library's adult services department hosted 15 programs in October with 48 in attendance. In November, adult services presented 13 programs and 64 attended. Those programs included volunteer training, Medicare seminars, Intro to eBooks, Teen Book Club, Books 'n Brunch, Late Edition, Keeping it Real, Get Crafty, Wild about Watercolor, and Craft and Chat. In Youth Services, 56 programs were held with 1,519 people in attendance. Those programs include Preschool Pals, Budding Bookworms, Little Tweets as well has Homeschool and Bounce Time classes which continue to flourish. In October, Rodne said the Library hosted a Fall StoryWalk®, Meowl-o-Ween, with 471 participants. In November, Youth Services hosted 39 programs with 744 in attendance. During Thanksgiving week, The Library hosted a special story time, family movie, and celebrated the Library's 20th anniversary with cupcakes, and displayed Library show boards in the Colleyville Room. In December, Rodne said the Library launched its current StoryWalk®, Snowmen’s 12 Nights of Christmas, on The Plaza, as well as a scavenger hunt to earn an additional plush prize. Additionally, elves Buddy and Holly will visit in Youth Services. The week of Christmas, the Library will host Story Time with Mrs. Claus, and a sweet celebration with a special magic show along with treats for children in attendance. A local children's author will be visiting and reading her book, The Merry Christmas Mittens, to children, as well as answer questions and have a book signing. Youth Colleyville Library Board Minutes December 11, 2023 City of Colleyville Page 4 Services will also host a family movie. Additionally, the adult and teen book clubs will host their holiday parties. Rodne also said one of the youth services staff will be retiring on December 28th. She has been a member of the staff since 2011 when the Library expanded to the second floor for youth services. Additionally, one of the Library clerks has also left for a full-time position in the City of Arlington. Rodne continued, on January 8th, the Library will launch its Winter Reading Program with regular programming beginning on January 16th. This year's theme is Read Together, and Rodne said the Library is awaiting permission from the illustrator to use the graphics. The graphic includes the books and likeness of the Little Blue Truck series. 4b Friends of the Colleyville Public Library Report Friends of the Library President Merry Graves reported that the group is continuing to sort donated books and supply the Friends of the Library Book Sale shelves with replenished materials. Graves added the Library had asked for funds from the Friends to purchase additional Dash Bots and iPads for program use and the Friends were happy to be able to do so. Graves said the Friends had a small book sale in the Colleyville Room at the beginning of December and raised $285 despite rain and the Library front doors blocked due to repairs to the fountain in the loggia. Visitors to the Library used the Staff door off the parking lot to enter and leave the building. Part of the funds raised were due to the donation by the City of a $35 gift card which was used by the Friends in a raffle as an additional incentive for book buyers. 4c Colleyville Public Library Foundation Report There was no member of the Library Foundation present. Director Rodne stated the group did well at its 20th Anniversary Celebration in October, receiving nearly $30,000 in donations. Catering for the event was donated and provided by Market Street, Colleyville. Chair Molly Skinner was complimentary of the speaker, food, and event. 5. ADJOURNMENT A motion was made by Kay Newton and seconded by Wanda Cotter to adjourn the meeting of the Colleyville Library Board at 6:30 p.m. The motion was approved unanimously. Colleyville Library Board Minutes December 11, 2023 City of Colleyville Page 5 APPROVED BY A VOTE OF 8 AYES, 0 NAYS, ON THIS THE 8TH DAY OF A PRIL 2024. The minutes taken and prepared by: Maria Hoefke Library Community Events Coordinator City of Colleyville Page 1 CITY OF COLLEYVILLE PLANNING AND ZONING COMMISSION MINUTES 100 Main Street, Colleyville, Texas, 76034 MONDAY, MARCH 11, 2024 CALL MEETING TO ORDER EXECUTIVE CONFERENCE ROOM The City of Colleyville Planning and Zoning Commission Worksession Meeting was called to order by Vice-Chair Groves on March 11, 2024 at 6:15 p.m. Roll Call Present: David Groves, Sayeda Syed, Jerry Savoie, Tim Raine, and Jerome Obinabo Absent: Mark Alphonso and Claudia Bevill Staff Present: Ben Bryner, Jacquelyn Reyff, Kris Potts, and Christopher Pham Also Present: Attorney, Nicole Corr, Fire Marshal, Rob Mckeown Kristopher Potts briefed the Commission regarding cases ZC24-001 and ZC24-002. Tim Raine joined the Worksession meeting at 6:20 p.m. Christopher Pham briefed the Commission regarding case ZC24-003. The commission asked questions regarding smell concerns from pet waste and landlord agreements over waste disposal sites. Vice-Chair Groves adjourned the Planning and Zoning Commission Wor ksession Meeting at 6:22 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 March 11, 2024, at 7:00 p.m. Roll Call Present: David Groves, Sayeda Syed, Mark Alphonso, Jerry Savoie, Claudia Bevill, and Jerome Obinabo Planning and Zoning Commission Minutes March 11, 2024 City of Colleyville Page 2 Absent: Mark Alphonso Staff Present: Ben Bryner, Jacquelyn Reyff, Kris Potts, Christopher Pham Also Present: Attorney, Nicole Corr, Fire Marshal, Rob Mckeown 1. APPROVAL OF MINUTES 1a February 12, 2024 Planning and Zoning Commission Meeting Minutes February 26, 2024 Planning and Zoning Commission Worksession Minutes Commissioner Groves made a motion to approve the February 12, 2024 Planning and Zoning Commission Meeting Minutes and the February 26, 2024 Planning and Zoning Worksession minutes. Commissioner Savoie seconded the motion. The motion was carried by the following vote: Aye: 6 – Groves, Syed, Raine, Savoie, Bevill, and Obinabo Nay: 0 2. PUBLIC HEARING AGENDA ITEMS 2a TABLED FROM THE FEBRUARY 12, 2024 PLANNING AND ZONING COMMISSION MEETING Consideration of a Rezoning from PUD-C Planned Unit Development – Commercial to PUD-C Planned Unit Development - Commercial on Lots 1 and 2, Block A, Heritage Farms Addition, located at 913 Cheek-Sparger Road and 3808 Wayne Drive, Case ZC24-001 THE APPLICANT REQUESTED TO TABLE TO THE APRIL 8, 2024 PLANNING AND ZONING COMMISSION MEETING. Commissioner Raine made a motion to remove Case ZC24-001 from the table. Commissioner Obinabo seconded the motion. Planning and Zoning Commission Minutes March 11, 2024 City of Colleyville Page 3 The motion was carried by the following vote: Aye: 6 – Groves, Syed, Raine, Savoie, Bevill, and Obinabo Nay: 0 Commissioner Syed made a motion to table Case ZC24-001 to the April 8, 2024 Planning and Zoning Commission meeting. Commissioner Groves seconded the motion. The motion was carried by the following vote: Aye: 6 – Groves, Syed, Raine, Savoie, Bevill, and Obinabo Nay: 0 2b Consideration of a Special Use Permit to allow for a fence on Lot 1, Block 1, Vankawala Residence Addition, being located at 4910 Behrens Court, Case ZC24-002 Kristopher Potts presented the case and briefed the Commission. Rajendra Vankawala, 4910 Behrens Ct, presented his case for the proposed fence. He answered the Commission’s questions over the reasoning for the fence, stating privacy concerns and the right-of-way expansion of Glade Road as primary reasons for the fence. Additional discussion regarding its design, and his intention to match the aesthetic appeal of his neighbor’s fence, as well as other fences along Glade Road. The public hearing was opened at 7:09 p.m. Kathy Hadley, 204 Timberline Dr N, spoke in support of the case, specifically regarding its aesthetic appeal. With no one else wishing to speak, the public hearing was closed at 7:11 p.m. Commissioner Bevill made statements regarding the fence’s aesthetic appeal and the intention of the applicant to match other fences along Glade Road. Commissioner Syed inquired about the right-of-way expansion along Glade Road, as well as the setbacks in R-40 zoning. Commissioner Groves supported Commissioner Bevill’s statements, stating that fencing along Glade Road would add aesthetic appeal to the street. Planning and Zoning Commission Minutes March 11, 2024 City of Colleyville Page 4 Commissioner Syed made a motion to approve Case ZC24-002. Commissioner Groves seconded the motion. The motion was carried by the following vote: Aye: 6 – Groves, Syed, Raine, Savoie, Bevill, and Obinabo Nay: 0 2c Consideration of a Special Use Permit to allow for dog grooming on Lot 1RA, Block 1, Kroger Addition, being located at 4906 Colleyville Boulevard, Suite 202, Case ZC24-003 Christopher Pham presented the case and briefed the Commission. Ana Hinojosa and Sam Beckman, 101 Belmont St, Saginaw, TX, presented their case for the proposed dog grooming and wellness salon, Scenthound. The applicants answered the Commission’s regarding how long dogs would stay at the salon for grooming appointments, services offered, and the types of products that would be sold. The public hearing was opened at 7:25 p.m. Kathy Hadley, 204 Timberline Dr N, spoke in support of the case, citing the convenience of the location and benefit of services offered. Bryan Atkinson, 44 Village Ln, came forward to inquire more about the specific locations of waste receptacles in the parking lot, the maintenance of pet waste throughout the day, and the competition of businesses that offer dog grooming in Colleyville. With no one wishing to speak the public hearing was closed at 7:29 p.m. The applicants, Ana Hinojosa and Sam Beckman, came forward to address Commissioner Bevill’s and Mr. Atkinson’s questions regarding the location of waste receptacles in the parking lot. Additional information regarding the business’s leash protocol, improvements to the suite for noise control, the number of pets that would be in the suite at a time, and the addition of 15-minute parking spaces was provided as well. The applicants addressed the concern regarding business competition, citing the specialization of services and demand for dog grooming services. Commissioner Groves made a statement in support of the dog grooming salon, citing support for small businesses in Colleyville. Planning and Zoning Commission Minutes March 11, 2024 City of Colleyville Page 5 Commissioner Syed made a motion to approve Case ZC24-003. Commissioner Obinabo seconded the motion. Aye: 6 – Groves, Syed, Raine, Savoie, Bevill, and Obinabo Nay: 0 4. CITIZEN COMMENTS The public forum opened at 7:40 p.m. Kathy Hadley, 204 Timberline Dr N, came forward to speak regarding drainage concerns on her property and her support of smaller houses on larger lots. With no one else wishing to speak, the public forum closed at 7:46 p.m. 5. ADJOURNMENT The meeting adjourned at 7:47 p.m. The minutes were written and prepared by: Christopher Pham Christopher Pham Planner The meeting minutes were approved on April 8, 2024 by a vote of 5-0. City of Colleyville Page 1 CITY OF COLLEYVILLE PLANNING AND ZONING COMMISSION WORKSESSION MINUTES 100 Main Street, Colleyville, Texas, 76034 MARCH 25, 2024 CALL MEETING TO ORDER EXECUTIVE CONFERENCE ROOM The City of Colleyville Planning and Zoning Commission Worksession Meeting was called to order by Chair Bevill on March 25, 2024, at 6:15 p.m. Roll Call Present: David Groves, Mark Alphonso, Claudia Bevill, and Jerry Savoie Sayeda Syed was also present and arrived at 6:28 p.m. Absent: Jerome Obinabo, and Tim Raine Staff Present: Ben Bryner, Jacquelyn Reyff, Kristopher Potts, Chris Pham Also Present: Attorney, Nicole Corr, Fire Marshal, Rob Mckeown 2. WORKSESSION AGENDA ITMES 2a Presentation and discussion of a Rezoning from PUD-C Planned Unit Development - Commercial to PUD-C Planned Unit Development - Commercial on Lots 1 and 2, Block A, Heritage Farms Addition, located at 913 Cheek-Sparger Road and 3808 Wayne Drive, Case ZC24-001 Ben Bryner presented item 2a and briefed the Commission, the applicant is wishing to table one last time to have sufficient materials for the May Planning and Zoning meeting. 2b Presentation and discussion of a Special Use Permit to allow for Alcoholic Beverage Sales – (Beer and Wine Only) – Off-Premise Consumption on Lot 2, Block A, 170 Players Addition, located at 3855 Glade Road Suite 165, Case ZC24-004 Planning and Zoning Commission Worksession Minutes March 25, 2024 City of Colleyville Page 2 Christopher Pham presented item 2b and briefed the Commission. City staff addressed questions from the Commission regarding the proposed plan. There was general discussion among the Commission regarding if there will be cooked food similar to a restaurant or if it will be a take home store. There was also brief discussion regarding the alcohol sales, this location will not have on site consumption of alcohol. 2c Presentation and discussion of an Amendment to the Land Development Code, Chapter 3, Section 3.28 Supplementary District Regulations, specifically to prohibit the use of a vehicle as a dwelling or housekeeping unit when parked or stored on public property Ben Bryner presented item 2c and briefed the Commission. City staff addressed questions from the Commission regarding the proposed Land Development Amendments, specifically if this will restrict citizens from bringing their large recreation vehicles into parks; and if this change would have any effect on private properties. 3. ADJOURMENT The meeting adjourned at 6:37 p.m. The minutes were written and prepared by: Kris Potts Planner The meeting minutes were approved on April 8, 2024 by a vote of 5-0. RESOLUTION R-24-4932 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF APRIL 16, 2024 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 16TH DAY OF APRIL 2024. 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