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HomeMy WebLinkAboutCity Council-Minutes-8/20/2024  City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 TUESDAY, AUGUST 20, 2024 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM - THIRD FLOOR CALL TO ORDER WS-1 Update on the Colleyville Recreation Center WS-2 Discussion and review of the City Council Rules of Procedure WS-3 Discussion of Stars and Guitars 2025 WS-4 Discussion of the August 20, 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 551.076 - Deliberation regarding Security - discussion of the City's Emergency Management Response and Mitigation Plan 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 Nathan Aviles, Bethel Methodist PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt City Council Agenda August 20, 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-24-4961 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4962 4a Approval of the minutes of the regular City Council meeting of August 6, 2024 4b Approval to amortize a loss of vehicle value for five years on the City's Enterprise Fleet contract 4c Approval of a Construction Services Agreement with Gomez Floor Covering Inc., dba GFC Contracting for the Justice Center Interior Finishes Renovation, in an amount not to exceed $288,676.00 and a contingency amount not to exceed $45,000.00, and authorizing the City Manager to execute the contract 4d Approval of an amendment to the Construction Services Agreement with The Lawn Firm for the Tree Trimming Contract, in an amount not to exceed $10,000, and authorizing the City Manager to execute the contract 4e Approval of an Amended Interlocal Agreement between the City of Colleyville and the Grapevine Colleyville Independent School District for School Resource Officers, and authorizing the City Manager to execute the agreement 4f Approval of the purchase and installation of basketball goal and wall pad equipment for the Colleyville Recreation Center north gym in the amount of $63,595, and authorizing the City Manager to execute the documents 4g Approval of a contract with Supercap Southwest in the amount of $60,034 for the Colleyville Recreation Center north gym floor leveling, and authorizing the City Manager to execute the contract 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - July 2024 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 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 City Council Agenda August 20, 2024   City of Colleyville Page 3 6b 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 6c 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 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-24-4963 Approval of a proposal to set the ad valorem tax rate for Fiscal Year 2025 at $0.276204 per hundred dollars of valuation 8. CITIZEN COMMENTS 9. REPORTS Colleyville Library Board Minutes - June 10, 2024 Planning and Zoning Commission Minutes - July 8, 2024 Planning and Zoning Commission Worksession Minutes - July 22, 2024 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, AUGUST 20, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4964 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, August 16, 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 20, 2024 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, August 20, 2024, at 5:34 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, Assistant City Manager Adrienne Lothery, Finance Director Matt Poston, Fire Chief Mark Cantrell, Emergency Management Coordinator Kenny Phillips, Parks and Recreation Director Lisa Escobedo, Capital Projects Program Manager Elijah Dorminy, Community Relations and Events Specialist Hailey Waldon, Community Development Director Ben Bryner, Public Works Director Amber Beard, City Attorney Whitt Wyatt, and City Secretary Christine Loven. WS-1 Update on the Colleyville Recreation Center Assistant City Manager Mark Wood presented this item and provided an overview of Recreation Center renovations with a cost summary for each fund. He also noted the work which was performed by City employees in-house. Manager Wood then reviewed the anticipated conversion of the North gym, providing estimated costs and timeline. WS-2 Discussion and review of the City Council Rules of Procedure City Secretary Christine Loven presented this item and reviewed the staff recommended updates as presented to the City Council. Following discussion, City Council directed staff to bring the recommendations forward for formal adoption at the September 4, 2024 City Council Meeting. WS-3 Discussion of Stars and Guitars 2025 Community Relations and Events Specialist Hailey Waldon presented this item and noted staff is seeking City Council direction regarding possible performers and dates for the 2025 Stars and Guitars event. There was general discussion regarding several performers and City Council provided direction to staff regarding their top three choices. City Council Minutes August 20, 2024 City of Colleyville Page 2 WS-4 Discussion of the August 20, 2024, City Council regular agenda items There was no discussion of this item and Mayor Lindamood adjourned the Worksession at 5:58 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 551.076 - Deliberation regarding Security - discussion of the City's Emergency Management Response and Mitigation Plan 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 7:13 p.m. and called the roll. 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: Pastor Nathan Aviles, Bethel Methodist PLEDGE OF ALLEGIANCE: City Attorney Whitt Wyatt 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-24-4961 This resolution was not needed. City Council Minutes August 20, 2024 City of Colleyville Page 3 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council provided announcements regarding community news and upcoming events. Parks and Recreation Director Lisa Escobedo and Assistant City Manager Mark Wood presented City Council with jerseys and a basketball to announce the Recreation Center Open House on Tuesday, August 27, 2024, 6-8 p.m. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24- 4962 4a Approval of the minutes of the regular City Council meeting of August 6, 2024 4b Approval to amortize a loss of vehicle value for five years on the City's Enterprise Fleet contract 4c Approval of a Construction Services Agreement with Gomez Floor Covering Inc., dba GFC Contracting for the Justice Center Interior Finishes Renovation, in an amount not to exceed $288,676.00 and a contingency amount not to exceed $45,000.00, and authorizing the City Manager to execute the contract 4d Approval of an amendment to the Construction Services Agreement with The Lawn Firm for the Tree Trimming Contract, in an amount not to exceed $10,000, and authorizing the City Manager to execute the contract 4e Approval of an Amended Interlocal Agreement between the City of Colleyville and the Grapevine Colleyville Independent School District for School Resource Officers, and authorizing the City Manager to execute the agreement 4f Approval of the purchase and installation of basketball goal and wall pad equipment for the Colleyville Recreation Center north gym in the amount of $63,595, and authorizing the City Manager to execute the documents 4g Approval of a contract with Supercap Southwest in the amount of $60,034 for the Colleyville Recreation Center north gym floor leveling, and authorizing the City Manager to execute the contract Mayor Lindamood read Resolution R-24-4962 in its entirety. City Council Minutes August 20, 2024 City of Colleyville Page 4 City Secretary Christine Loven presented item 4b, reviewing the hail damage to the City’s fleet from the May 27, 2024 storm. Capital Projects Program Manager Elijah Dorminy presented item 4c and reviewed the renovations to occur at the Justice Center. Public Works Director Amber Beard presented item 4d, explaining due to the storms the tree-trimming contract has been more heavily utilized and additional funding was needed. Assistant City Manager Adrienne Lothery presented item 4e, noting the TIF project plan was recently revised to provide funding and GCISD approved the Agreement at their July 2024 meeting. Assistant City Manager Mark Wood presented items 4f and 4g for work to the North gym at the Recreation Center. Manager Wood explained “in-house” meant current staff performed the work and an outside contractor was not utilized. Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Resolution R-24-4962, seconded by Councilmember Alphonso. 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. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - July 2024 Finance Director Matt Poston presented the July Financial Report. He stated July reflects 83% completion of the fiscal year and 79.4% of the budget has been spent. Director Poston reviewed sales tax which remains flat, and the performance of all City funds, noting the City is doing well. 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING Mayor Lindamood recused himself from deliberations and Mayor Pro Tem Brandi Elder presided. City Council Minutes August 20, 2024 City of Colleyville Page 5 6a 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. He stated the zoning allows three homes to be constructed and there is no guarantee the church will not be removed. Deputy Mayor Pro Tem Richardson asked if the clarification on water flow and street curb installation he inquired about had been addressed. John Fagan, representing the applicant and Keith Hamilton, engineer, addressed the City Council stating the engineer will submit the drainage plans during plat approval, but the development should assist in drainage and the initial plan will call for retention on Lot 3. Mr. Fagan also noted it is preferred the church remain, however, if a congregation does not occupy it, it may be removed. Mayor Pro Tem Elder opened and closed the public hearing without any speakers. Councilmember Raine made a motion to approve Ordinance O-24-2290, seconded by Councilmember Gunderson. The motion was approved by the following vote: Ayes: 6 - Mayor Pro Tem Elder, Deputy Mayor Pro Tem Richardson, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. Abstain: 1 – Mayor Lindamood Mayor Lindamood thanked Mayor Pro Tem Elder and presided over the remaining items. 6b 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. City Council Minutes August 20, 2024 City of Colleyville Page 6 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. There was no discussion and Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Lindamood made a motion to approve Ordinance O-24-2291, seconded by Deputy Mayor Pro Tem Richardson. 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. 6c 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. 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. Mayor Lindamood asked property owner/applicant Mark Goodwin and Curtis Young, Engineer, if there was anything they would like to address. Mr. Young stated Director Bryner has presented the project well and he believes he and Mr. Goodwin have addressed all the concerns – of City Council and the neighbors and if this nine home project is approved, while it is a “unique development” it will be a “Gem for the City”. Mr. Goodwin stated they have worked with the neighbors through numerous phases, has provided the City with everything and more than requested, and has donated land for a park, which is a win for the City and the neighbors. He clarified the tree buffer, open space and the 25-foot tree preservation on all lots with the exception of Lots 8 and 9. Mayor Lindamood opened the public hearing. City Council Minutes August 20, 2024 City of Colleyville Page 7 Speaking in opposition were: Mike Farrell, 2504 Twelve Oaks Lane, Vicki Heminger, 6804 Rockbrook Court, Charlie Anderson, 2414 Wilkes Drive, and Tim Waterworth, 6808 Rockbrook Court. Not speaking but registering opposition were: Robert and Rita Zebian, 6708 India Court, Tim Lavas, 2405 Wilkes Drive, Bo Bottger, 6800 Atlanta Drive, and Pam O’Quinn, 5905 Yorkshire Drive. Speaking in support were: Bob Egan, 2410 Twelve Oaks Lane, Jeff Cosand, 2604 Twel ve Oaks Lane, David Dudziak, 2301 Wilkes Court, and David Groves, 5702 Ponderosa Drive. Not speaking but registering support: Terry Cosand, 2604 Twelve Oaks Lane, and Jon Atwood, 5610 Winnie Drive. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Deputy Mayor Pro Tem made a statement regarding his relationship the Trust for Public Land, and his interactions with citizens and the City Council. There was general discussion regarding the explanation of the cross timbers forest crossing, compromise, tree preservation, neighbor concerns, and the entranceway. City Manager Jerry Ducay read a list of amendments to the Ordinance as discussed with the applicant and City Council. Mayor Pro Tem Elder made a motion to approve Ordinance O-24-2292, seconded by Councilmember Raine with the following conditions added to the ordinance: 1. A 25’ tree protection easement shall be located along the western and southern property lines of the development parcel and depicted on the final plat; overlaid upon the open space lot near entrance (OS 24,085 s.f.) allowing for limited roadway related infrastructure impact as approved by City Arborist; along the rear lot line of lots 1, 2, 3, 4 & 5. 2. Developer shall convey to City open space abutting Big Bear Creek (OS 99,990 s.f.). 3. Entrance features for subdivision (along Pool Road) shall be constructed as depicted in exhibits and shall include “Colleyville” in subdivision monument signage. 4. All construction traffic related to site development shall use Pool Road access exclusively. No access shall be provided from Wilkes. 5. Additional trees, as approved by City Arborist, shall be located within the 25’ tree preservation easement along the western and southern property lines of the development. The number of trees shall not exceed a total quantity of 25 – 3” inch caliper over story trees spaced accordingly. City Council Minutes August 20, 2024 City of Colleyville Page 8 6. The 8’ masonry wall constructed in conjunction with the entrance features shall extend north along the eastern and northeastern line of lot 1 terminating at the southeast corner of lot 2. This is in additional to the construction of the 8’ masonry wall westward along the south line of the development to the southeast corner of lot 8. 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. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-24-4963 Approval of a proposal to set the ad valorem tax rate for Fiscal Year 2025 at $0.276204 per hundred dollars of valuation Mayor Lindamood read Resolution R-24-4693 in its entirety. Finance Director Matt Poston presented this item noting approval provides for compliance with the Texas Property Tax Code. He advised the proposed property tax rate for the City of Colleyville's Fiscal Year 2025 budget is $0.276204 per $100 of valuation. Director Poston stated this rate is higher than the calculated no-new- revenue rate of $0.237097 but lower than the calculated voter-approval rate of $0.292915. He stated the City Council action is required to provide for publishing the Notice of 2024 Tax Year Proposed Property Tax Rate, which is mandated by the Local Government Code. Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Resolution R-24-4963, seconded by Councilmember Alphonso. 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. 8. CITIZEN COMMENTS Kathy Hadley, 204 Timberline Drive N, asked Council to ensure the contractor for the tree-trimming contract had a licensed arborist on staff, discussed her pleasure at seeing Colleyville Police patrolling Cheek-Sparger, and her request to allow taller grass to assist with water conservation. City Council Minutes August 20, 2024 City of Colleyville Page 9 9. REPORTS Colleyville Library Board Minutes - June 10, 2024 Planning and Zoning Commission Minutes - July 8, 2024 Planning and Zoning Commission Worksession Minutes - July 22, 2024 There was no action taken. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, AUGUST 20, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4964 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 10:16 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 4TH DAY OF SEPTEMBER 2024. Minutes taken and prepared by: Christine Loven, TRMC City Secretary