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HomeMy WebLinkAboutCity Council-Minutes-10/2/2024 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 WEDNESDAY, OCTOBER 2, 2024 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Economic Development Update WS-2 Discussion of the October 2, 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 Dale Molden, CrossCreek 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-24-4973 City Council Agenda October 2, 2024 City of Colleyville Page 2 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Proclamation presentation in recognition of Community Planning Month - Mayor Lindamood, Community Development Director Ben Bryner, Planning and Zoning Commissioners, and the Community Development Department staff 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4974 4a Approval of the minutes of the regular City Council meeting of September 17, 2024 4b Approval of a Construction Services Agreement with J.B. & Co. LLC, for construction of Heroes Park, in an amount not to exceed $6,076,985, and a contingency amount not to exceed $500,000, a materials testing amount not to exceed $87,196, and authorizing the City Manager to execute the agreement 4c Approval to purchase a 2025 International truck with attenuator from Southwest International Trucks of Arlington, a BuyBoard approved vendor, in an amount not to exceed $157,478.49, and authorizing the City Manager to execute the purchase 4d Approval of a Construction Services Agreement with Legacy Signs of Texas for the Wayfinding Phase II Signage project, in an amount not to exceed $70,000, and authorizing the City Manager to execute the agreement 4e Approval of endorsing the implementation of a continuing pretreatment program as required by 40 CFR 403 for the Central Regional Wastewater System 4f Approval of a First Amendment to Contractor Services Agreement for janitorial services through Oriental Building Services, Inc., in an amount not to exceed $280,753.59, plus a five percent owner’s contingency amount of $13,561.05, and authorizing the City Manager to execute the amendment 4g Nominating candidate(s) to the Tarrant Appraisal District (TAD) Board of Directors 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-24-2298 Amending Chapter 62 (Offenses and Miscellaneous Provisions) of the City of Colleyville Code Of Ordinances by adding new Article V entitled “Sex Offender Residency Restrictions”; prohibiting certain registered sex offenders from residing within a certain distance where children commonly gather City Council Agenda October 2, 2024 City of Colleyville Page 3 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-24-2299 Consideration of a Special Use Permit to allow for a Veterinarian Clinic on Lot 2, Block 1, Chandler Addition, located at 1721 John McCain Road, Case ZC24-012 6b Ordinance O-24-2300 Consideration of comprehensive amendments to Chapter 5, Urban Forestry, of the Land Development Code, Case GC24-010 6c Ordinance O-24-2301 An ordinance amending and restating Chapter 98, Article V. - Publicly Owned Treatment Works, approving uniform requirements for users of the Publicly Owned Treatment Works (POWTS) for the City of Colleyville and providing for enforcement and compliance with all applicable state and federal laws 7. CITIZEN COMMENTS 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR WEDNESDAY, OCTOBER 2, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4975 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 27, 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 817.503.1130, 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 WEDNESDAY, OCTOBER 2, 2024 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Wednesday, October 2, 2024, at 5:30 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: Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Parks and Recreation Director Lisa Escobedo, Community Engagement and Economic Development/Colleyville Center and Business Center Manager Chelsea Rose, Capital Projects Program Manager Elijah Dorminy, Community Development Director Ben Bryner, Public Works Director Amber Beard, City Attorney Nicole Corr, and City Secretary Christine Loven. WS-1 Economic Development Update Chelsea Rose, Community Engagement and Economic Development Manager, provided a thorough presentation on the City’s occupancy rate, current leasing rates and demands, incoming businesses, recruiting efforts, and City offered grants. There was general discussion of the occupancy rate and the Mayor and City Council thanked Manager Rose for work with the business community. WS-2 Discussion of the October 2, 2024 City Council regular agenda items Mayor Lindamood noted the Heroes Park contract will be on the agenda and the video will be played. Mayor Lindamood adjourned the Worksession at 5:56 p.m. and called 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 City Council Minutes October 2, 2024 City of Colleyville Page 2 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 7:07 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 Dale Molden, CrossCreek 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-24-4973 Mayor Lindamood read Resolution R-24-4973. There were no questions and Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Resolution R-24-4973, 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. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council provided announcements regarding community news and upcoming events. City Council Minutes October 2, 2024 City of Colleyville Page 3 Proclamation presentation in recognition of Community Planning Month - Mayor Lindamood, Community Development Director Ben Bryner, Planning and Zoning Commissioners, and the Community Development Department staff Community Development Department staff Ben Bryner, Jackie Reyff, Kristopher Potts, and Chris Pham, and Planning and Zoning Commissioners David Groves and Sayeda Syed joined Mayor Lindamood. Mrs. Reyff discussed the importance of community planning and Mayor Lindamood presented the proclamation announcing the month of October is Community Planning Month. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4974 4a Approval of the minutes of the regular City Council meeting of September 17, 2024 4b Approval of a Construction Services Agreement with J.B. & Co. LLC, for construction of Heroes Park, in an amount not to exceed $6,076,985, and a contingency amount not to exceed $500,000, a materials testing amount not to exceed $87,196, and authorizing the City Manager to execute the agreement 4c Approval to purchase a 2025 International truck with attenuator from Southwest International Trucks of Arlington, a BuyBoard approved vendor, in an amount not to exceed $157,478.49, and authorizing the City Manager to execute the purchase 4d Approval of a Construction Services Agreement with Legacy Signs of Texas for the Wayfinding Phase II Signage project, in an amount not to exceed $70,000, and authorizing the City Manager to execute the agreement 4e Approval of endorsing the implementation of a continuing pretreatment program as required by 40 CFR 403 for the Central Regional Wastewater System 4f Approval of a First Amendment to Contractor Services Agreement for janitorial services through Oriental Building Services, Inc., in an amount not to exceed $280,753.59, plus a five percent owner’s contingency amount of $13,561.05, and authorizing the City Manager to execute the amendment 4g Nominating candidate(s) to the Tarrant Appraisal District (TAD) Board of Directors City Council Minutes October 2, 2024 City of Colleyville Page 4 Mayor Lindamood read Resolution R-24-4974 in its entirety. Assistant City Manager Adrienne Lothery presented 4b by reviewing the history of the Heroes Park project and noted the City is now ready to move forward with a Construction Services Agreement. The video of the planning for the Heroes Park project was played, but due to technical issues was not fully available. Capital Projects Program Manager Elijah Dorminy spoke to the bid tabulations and was available to answer questions of the City Council. Heroes Park Committee member Ken Cozart spoke regarding the Committees views on the importance of Heroes Park and the diligence and commitment of the Committee members. Parks and Recreation Director Lisa Escobedo presented item 4c seeking approval of a crash truck to be used by the Parks Beautification Crew. Capital Projects Program Manager Elijah Dorminy presented item 4d. Public Works Director Amber Beard presented items 4e and 4f. City Secretary Christine Loven presented item 4g and asked the City Council to include a nomination in the motion, if they so chose to nominate. Mayor Lindamood opened the public hearing. Sayeda Syed, 6705 Sapphire Circle N., sought the support of City Council for her nomination to the TAD Board of Directors. Mike Alfred, 6128 Theresa Lane, also sought the support of City Council for nomination to the TAD Board of Directors. 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-24-4974, adding a City Council nomination to the TAD Board of Directors for Mike Alfred and Sayeda Syed, 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. City Council Minutes October 2, 2024 City of Colleyville Page 5 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-24-2298 Amending Chapter 62 (Offenses and Miscellaneous Provisions) of the City of Colleyville Code Of Ordinances by adding new Article V entitled “Sex Offender Residency Restrictions”; prohibiting certain registered sex offenders from residing within a certain distance where children commonly gather Mayor Lindamood read the caption of Ordinance O-24-2298. City Attorney Nicole Corr stated the ordinance provides for regulations, which have been tested by the courts, and noted the City does not currently have a registered sex offender ordinance. She recognized Chief Miller and Detective Garcia for recognizing the need of bringing this ordinance forward. There was discussion regarding the timeline for registering, who is in the State’s database, and other agencies involved. Mayor Lindamood opened the public hearing. Sayeda Syed, 6705 Sapphire Circle N., questioned how the ordinance would be enforced. There were no others wishing to speak and Mayor Lindamood closed the public hearing. Councilmember Graves made a motion to approve Ordinance O-24-2298, seconded by Councilmember Holt Gunderson. 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. 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-24-2299 Consideration of a Special Use Permit to allow for a Veterinarian Clinic on Lot 2, Block 1, Chandler Addition, located at 1721 John McCain Road, Case ZC24-012 Mayor Lindamood read the caption of Ordinance O-24-2299. City Council Minutes October 2, 2024 City of Colleyville Page 6 Community Development Director Ben Bryner presented this request for a Special Use Permit (SUP) for a Veterinary Clinic. He noted veterinary services are only allowed in the ML Light Manufacturing zoning district with the approval of a Special Use Permit and this request is to allow for a pet surgery center and office building for an existing mobile veterinary business. Director Bryner noted a super-majority vote was originally required for this item, however, three of the adjacent property owners rescinded their opposition of the vet clinic use, making the new calculation approximately two-percent opposition. Mike Masters, representing the applicant, spoke in regarding to the unique business model, stating vans go to the patients home, procedures not requiring a surgery are performed, and if the surgery is needed, the animals are picked up from the home, brought to the surgery center, and returned home after the procedure. There was general discussion regarding supervision of pets at the facility, number of employees and understanding the vans will be parked inside the office. Dr. Ashley Bellerand also discussed the business model and highlighted the operation of the facility. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading and no action was taken. 6b Ordinance O-24-2300 Consideration of comprehensive amendments to Chapter 5, Urban Forestry, of the Land Development Code, Case GC24-010 Mayor Lindamood read the caption of Ordinance O-24-2300. Community Development Director Ben Bryner presented the changes prepared for Chapter 5, Urban Forestry, of the Land Development Code. He noted changes include the addition of a purpose, which discourages clear-cutting tree removal, additional definitions, minor adjustments to the non-protected tree list, provides heritage tree sizes, and adds an appointment of a tree board. There was general discussion regarding the name and size of trees, and the FY25 budget for new trees. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading and no action was taken. City Council Minutes October 2, 2024 City of Colleyville Page 7 6c Ordinance O-24-2301 An ordinance amending and restating Chapter 98, Article V. - Publicly Owned Treatment Works, approving uniform requirements for users of the Publicly Owned Treatment Works (POWTS) for the City of Colleyville and providing for enforcement and compliance with all applicable state and federal laws Mayor Lindamood read the caption of Ordinance O-24-2301. Public Works Director Amber Beard stated this Ordinance is required due to TRA’s most recent treated wastewater discharge permit. The City, as a contracting party of the Regional Wastewater System, must also comply with the rule. Mayor Lindamood opened and closed the public hearing without any speakers. This was a first reading and no action was taken. 7. CITIZEN COMMENTS There were no citizens who spoke. Mayor Lindamood announced he and Councilmembers would be attending the Texas Municipal League Conference and will be talking with everyone regarding the high-density bill trying to be pushed through legislation. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR WEDNESDAY, OCTOBER 2, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4975 This resolution was not needed. 9. ADJOURNMENT There being no further business before the City Council, Mayor Lindamood adjourned the meeting without objection by the City Council at 8:50 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 15TH DAY OF OCTOBER 2024. Minutes taken and prepared by: Christine Loven, TRMC City Secretary