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HomeMy WebLinkAboutCity Council-Minutes-8/6/2024 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 TUESDAY, AUGUST 6, 2024 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Presentation of the FY25 Proposed Budget and Tax Rate WS-2 Discussion of Tree Ordinance Updates WS-3 Discussion and review of the City Council Rules of Procedure WS-4 Discussion of the August 6, 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 Lee Johnson, Bear Valley PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr City Council Agenda August 6, 2024 City of Colleyville Page 2 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-24-4958 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Colleyville Lions Club presentation - Deb Cashen, Colleyville Lions Club 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4959 4a Approval of the minutes of the regular City Council meeting of July 16, 2024 4b Approval of a construction contract with Construction Solutions USA, LLC for the Park Facilities Restroom Renovation, in an amount not to exceed $444,919.88 and a contingency amount not to exceed $44,000.00, and authorizing the City Manager to execute the contract. 4c Approval of a Professional Services Agreement with Kimley Horn and Associates, Inc., in an amount not to exceed $62,400.00 for the Cheek-Sparger Road Intersection Evaluations, and authorizing the City Manager to execute the agreement 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-24-2290 Consideration of a rezoning from AG Agricultural to R-40 Single Family Residential on Lot 1, Block 1, Pleasant Run Baptist Church Addition, located at 6001 Pleasant Run Road, ZC24-009 5b Ordinance O-24-2291 Consideration of a Special Use Permit to allow for Massage Therapy on Lot 3, Block 1, Tara Addition, located at 1009 Cheek-Sparger, Suite 121, Case ZC24-011 5c Ordinance O-24-2292 Consideration of a rezoning from AG Agricultural and RE Single Family ‘Estate’ Residential district to R-40 Single Family Residential for Tract 1B1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive and 6900 Pool Road, Case ZC24-014 6. CITIZEN COMMENTS City Council Agenda August 6, 2024 City of Colleyville Page 3 7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, AUGUST 6, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4960 8. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, August 2, 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 MINUTES 100 Main Street, Colleyville, Texas, 76034 TUESDAY, AUGUST 6, 2024 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, August 6, 2024, at 5:35 p.m. ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. ALSO PRESENT: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Police Chief Michael Miller, Community Development Director Ben Bryner, Parks and Recreation Director Lisa Escobedo, Library Director Jack Pawlowski, City Engineer Larry Wright, Finance Director Matt Poston, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Presentation of the FY25 Proposed Budget and Tax Rate Finance Director Matt Poston presented this item. He discussed the property tax rate, gave an overview of the budget and fund balance for all major funds, reviewed year one of the capital improvement projects, and timelines associated with approval of the tax rate and budget. Director Poston noted the FY25 budget addresses several priorities to include fiscal responsibility, public safety, quality in services and programs, maintaining and enhancing the infrastructure and beautification efforts, recreation and open space enhancements, and economic development. He briefly reviewed the property tax calculation, provided a historic review of tax rates, and noted the entire tax bill is comprised of five taxing units; City receives 15.5%, Tarrant County-11.5%, Tarrant County College District-60.6%, Tarrant County Hospital District-11.5%, and GCISD-54.8%. Director Poston spoke regarding the new 7% homestead exemption and explained how the exemption figures into the overall tax rate. WS-2 Discussion of Tree Ordinance Updates Community Development Director Ben Bryner presented the recommended changes to the Land Development Code, Chapter 5, Urban Forestry, and introduced the Community Forestry Program. Director Bryner stated an internal Urban Forestry Committee comprised of Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, City Manager Jerry Ducay, Assistant City Manager Adrienne Lothery, Assistant City Manager Mark Wood, Community Development Director Ben Bryner, Planning Manager Jackie Reyff, Planner Chris Pham, and Planner/Urban Forester Kris Potts. The committee City Council Minutes August 6, 2024 City of Colleyville Page 2 objective was to review how to protect all trees in Colleyville, prioritize protection of heritage trees while balancing property rights, and formalize regulations to ensure proper tree species are being planted, preserved, and managed.He reviewed the mission statement and the five components of the Community Forestry Program and highlighted the accomplishments in each component. There was discussion regarding item d, outlining pruning of trees in the tree health standards, and dates for the amendments to go before the Planning and Zoning Commission and be ready for adoption by the City Council. WS-3 Discussion and review of the City Council Rules of Procedure This item was moved to the August 20, 2024 Worksession Agenda. WS-4 Discussion of the August 6, 2024, City Council regular agenda items There was no discussion of this item. Mayor Lindamood adjourned the Worksession and called the Executive Session to order at 6:35 p.m. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with the City Attorney regarding items on the agenda or for matters in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with Chapter 551 of the Texas Code Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information the City has received from business prospects the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect There was no action taken and Mayor Lindamood adjourned Executive Session at 6:59 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:12 p.m. and called the roll. City Council Minutes August 6, 2024 City of Colleyville Page 3 ROLL CALL: Mayor Bobby Lindamood, Mayor Pro Tem Brandi Elder, Deputy Mayor Pro Tem Scotty Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. INVOCATION: Mayor Bobby Lindamood PLEDGE OF ALLEGIANCE: City Attorney Nicole Corr 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-24-4958 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council provided announcements regarding community news and upcoming events. Mrs. Deb Cashen, Colleyville Lions Club, gave a thorough presentation on the goals and community interaction of the Colleyville Lions Club. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4959 4a Approval of the minutes of the regular City Council meeting of July 16, 2024 4b Approval of a construction contract with Construction Solutions USA, LLC for the Park Facilities Restroom Renovation, in an amount not to exceed $444,919.88 and a contingency amount not to exceed $44,000.00, and authorizing the City Manager to execute the contract 4c Approval of a Professional Services Agreement with Kimley Horn and Associates, Inc., in an amount not to exceed $62,400.00 for the Cheek- Sparger Road Intersection Evaluations, and authorizing the City Manager to execute the agreement Mayor Lindamood read Resolution R-24-4959 in its entirety. Parks and Recreation Director Lisa Escobedo presented item b, noting the project provides for renovation of the existing restrooms at McPherson and Pleasant Run Parks, and included updated fixtures, finishes, interior and exterior lighting, HVAC systems, and updated exterior facade at Pleasant Run and stained trellis at McPherson. City Engineer Larry Wright presented item c, which provides for data collection at the intersections of Cheek-Sparger Road, Bedford Road, and Martin Parkway by City Council Minutes August 6, 2024 City of Colleyville Page 4 Kimley Horn and Associates, Inc. He noted an analysis will be conducted using the existing 2024 peak-hour volumes and projected 2029 peak-hour volumes for up to four traffic control alternatives at each of the intersections. There was general discussion regarding if the Senior Living Development will be taken into consideration, the timeline for the study, and the anticipated recommendations, which will result from the study. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline Drive N, expressed concern for the cost of the restroom renovations and questioned the number of bids received for the project. Mrs. Hadley also stated the intersection of Martin and Cheek-Sparger is dangerous. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Pro Tem Elder made a motion to approve Resolution R-24-4959, seconded by Councilmember Graves. The motion was approved by the following vote: Ayes: 7 – Mayor Lindamood, Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING Mayor Lindamood recused himself from deliberations and Mayor Pro Tem Brandi Elder presided. 5a Ordinance O-24-2290 Consideration of a rezoning from AG Agricultural to R-40 Single Family Residential on Lot 1, Block 1, Pleasant Run Baptist Church Addition, located at 6001 Pleasant Run Road, ZC24-009 Mayor Pro Tem Elder read the caption of Ordinance O-24-2290. Community Development Director Ben Bryner stated the applicant has provided an amended plan seeking rezoning from AG Agricultural to R-40 Single Family Residential to allow for two lots to be developed for two homes and one lot to remain for church use. There was discussion regarding the sites historical significance, if the developer would be allowed to remove the church located on the property at a later time, and sidewalk installations. City Council Minutes August 6, 2024 City of Colleyville Page 5 Keith Hamilton, engineer for the applicant, addressed City Council questions regarding the sidewalks and the drainage. Mr. Hamilton stated sidewalks are not required for the property, but the applicant will install sidewalks on both sides, and the current bar ditch is appropriate for drainage, but if a problem arises, the developer will provide successful bar ditch drainage. Mayor Pro Tem Elder opened and closed the public hearing with no speakers. This was a first reading with no action taken. Mayor Lindamood thanked Mayor Pro Tem Elder and presided over the remaining items. 5b Ordinance O-24-2291 Consideration of a Special Use Permit to allow for Massage Therapy on Lot 3, Block 1, Tara Addition, located at 1009 Cheek-Sparger, Suite 121, Case ZC24-011 Mayor Lindamood read the caption of Ordinance O-24-2291. Community Development Director Ben Bryner presented the request for a Special Use Permit to allow for a massage therapy business in the Tara Village Shopping Center. Applicants Ryan and Sunisa Ingram provided an overview of their business, credentials, and answered the City Council questions regarding hours of operation and the business plan. Mayor Lindamood opened the public hearing. Kathy Hadley, 204 Timberline N, spoke in in favor of this item. There were no others wishing to speak and Mayor Lindamood closed the public hearing. This was a first reading with no action taken. 5c Ordinance O-24-2292 Consideration of a rezoning from AG Agricultural and RE Single Family ‘Estate’ Residential district to R-40 Single Family Residential for Tract 1B1, 1B2, and 1B3, Abstract 294, Robert Chowning Survey and Lot 1, Block 1, Cero Addition, located at 2417 Wilkes Drive and 6900 Pool Road, Case ZC24-014 Mayor Lindamood read the caption of Ordinance O-24-2292. City Council Minutes August 6, 2024 City of Colleyville Page 6 Community Development Director Ben Bryner presented this item noting a super majority vote will be required. The request is to rezone the property from AG Agricultural and RE Single Family ‘Estate’ Residential to R-40 Single Family Residential to allow for a new nine lot single-family detached subdivision. There was discussion regarding the open space donation to the City, size of the preservation area and what it totals, and the number of trees allowed to be removed with current zoning and what would be allowed with new zoning. Mayor Lindamood opened the public hearing. Speaking in opposition were: Robert Zebian, 6708 India Court, Vicki Heminger, 6804 Rockbrook Court, Charlie Anderson, 2414 Wilkes Drive, Kathy Hadley, 204 Timberline N, and Tim Waterworth, 6808 Rockbrook Court. Not speaking but registering opposition were: Jason Aguirre, 2402 Wilkes, Steve Wasson, 2413 Wilkes Drive, Mike and Brenda Farrell, 2504 Twelve Oaks Lane, Sal and Sharon DeLuca, 2402 Wilkes Drive, Sam Hearn, 2409 Wilkes Drive, Tim Lavas, 2405 Wilkes Drive, Bo Bottger, 6800 Atlanta Drive, and Cynthia Taylor, 3588 Twelve Oaks Drive. Speaking in support were: Connie Stewart, 1501 Cherry Lane, David Dudziak, 2301 Wilkes Court, and Bob Egan, 2410 Twelve Oaks Lane. Not speaking but registering support: Larry Stewart, 1509 Cherry Lane. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Lindamood addressed comments made regarding the City and Trust for Public Land (TPL), and provided an outline of TPL’s abilities, noting they pursue grants from the federal Land and Water Conservation Fund (National Parks Service), and each fall submits individual grant applications for funding as part of the federal appropriation process. Mayor Lindamood also reviewed the property owner’s current rights regarding tree removal. Property owner/applicant Mark Goodwin and Curtis Young, Engineer, addressed the City Council and citizens and answered questions. Mr. Goodwin stated he is working to do everything right and accommodate all requests and stated his expectations for this development are very high and it will be the premiere neighborhood in Colleyville. Curtis Young, reviewed detail design, engineering, and drainage. Deputy Mayor Pro Tem Scotty Richardson addressed remarks regarding TPL. This was a first reading with no action taken. City Council Minutes August 6, 2024 City of Colleyville Page 7 6. CITIZEN COMMENTS Kathy Hadley, 204 Timberline N, spoke regarding the professional service of the police department, noted Mr. Hill an employee at Ace Hardware was a good Samaritan and helped her, her neighborhood’s redevelopment, and the need to keep Colleyville unique. Sayeda Syed, 6705 Sapphire Circle N, spoke regarding handicap parking being utilized by those without proper parking credentials, continuing the median lighting along Colleyville Boulevard to extend to Tinker Road, the tower at Brown Trail. 7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, AUGUST 6, 2024 - READING AND PUBLIC HEARING - RESOLUTION R- 24-4960 This resolution was not needed. 8. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 10:10 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 20TH DAY OF AUGUST 2024. Minutes taken and prepared by: Christine Loven, TRMC City Secretary