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HomeMy WebLinkAboutCity Council-Minutes-10/15/2024 City of Colleyville Page 1 CITY OF COLLEYVILLE CITY COUNCIL AGENDA 100 Main Street, Colleyville, Texas, 76034 TUESDAY, OCTOBER 15, 2024 WORKSESSION 5:30 PM EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER WS-1 Discussion of the Cheek-Sparger Road project 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: 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-24-4976 City Council Agenda October 15, 2024 City of Colleyville Page 2 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4977 4a Approval of the minutes of the regular City Council meeting of October 2, 2024 4b Approval of the economic development 2024 Winter Colleyville Christmas Gift Card, Colleyville Cares Gift Card, and the Colleyville Gives advertising grant program 4c Approval of a Construction Services Agreement with MGS Cortex Construction Inc., DBA Cortex Construction, for the Webb House Rehabilitation Project, in an amount not to exceed $72,500 and a contingency amount not to exceed $10,000, and authorizing the City Manager to execute the agreement 4d Approval of the Second Amendment to the Construction Services Agreement with Alderink Enterprises, Inc. dba CI Pavement, for the FY2025 Miscellaneous Concrete Repair Project, in an amount not to exceed $682,843.88, and authorizing the City Manager to execute the amendment 4e Approval of a Second Amendment to the Construction Services Agreement with The Lawn Firm, Inc., for the FY2025 Tree Trimming Contract, in an amount not to exceed $75,000, and authorizing the City Manager to execute the amendment 4f Approval of the third one-year renewal term with Stripe-A-Zone, LLC, for the FY2025 Miscellaneous Pavement Marking Construction Services Agreement in an amount not to exceed $150,000, and authorizing the City Manager to execute the renewal 4g Approval of an amendment to the Professional Services Agreement with MAS Consulting Engineers, amending the design parameters for Water Project 18: Pecan Park Water and Drainage Improvements Project to modify the drainage design for Phase 2, in an amount not to exceed $34,480.00, and authorizing the City Manager to execute the amendment 4h Approval of a Construction Services Agreement with 2R Construction, LLC, for the Tinker Road Water, Wastewater, Drainage, and Roadway Improvements Project, in an amount not to exceed $2,093,971.45 and a contingency amount not to exceed $200,000, and a materials testing amount not to exceed $44,335, and authorizing the City Manager to execute the agreement 5. ITEMS NOT FOR CITY COUNCIL ACTION 5a Monthly Financial Report - September 2024 City Council Agenda October 15, 2024 City of Colleyville Page 3 6. ORDINANCE(S): SECOND 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. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-24-4978 Consideration of a variance to the required rear yard setback of the R-20 Single-Family Residential district on Lot 13, Block B, Preston Manor Addition, located at 5914 Preston Way, Case VC24-008 7b Resolution R-24-4979 Consideration of variances to the required lot area and lot width of the R-20 Single-Family Residential district on Lot 6, Block 6, Colleyville Estates Addition, located at 513 Field Street, Case VC24- 009 8. CITIZEN COMMENTS 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, OCTOBER 15, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4980 10. ADJOURNMENT City Council Agenda October 15, 2024 City of Colleyville Page 4 I hereby certify this agenda was posted on City Hall bulletin boards Friday, October 11, 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 TUESDAY, OCTOBER 15, 2024 Mayor Bobby Lindamood called the Colleyville City Council Worksession to order on Tuesday, October 15, 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: City Manager Jerry Ducay, Assistant City Manager Mark Wood, Assistant City Manager Adrienne Lothery, Police Chief Michael Miller, Finance Director Matt Poston, Community Development Director Ben Bryner, Public Works Director Amber Beard, City Attorney Sarah Ross, and City Secretary Christine Loven. WS-1 Discussion of the Cheek-Sparger Road project Assistant City Manager Mark Wood reviewed the history, scope, and funding of the Cheek-Sparger Road Project. He noted when a bond for this project passed in 2021, there were three entities, Colleyville, Bedford, and Tarrant County, sharing the estimated cost of $26 million. Since the passage of the bond in 2021, Bedford has withdrawn most of their monetary support and will consider, but not commit to providing only five percent of the shared costs. Manager Wood noted federal funding of $2.5 million has been awarded for this project; however, the 2024 cost estimate for the entire project has increased to $33.8 million, which leaves a project funding shortfall of $11.3 million. Manager Wood also noted Trinity River Authority has a project on Cheek-Sparger Road to upsize the current 27” water transmission line to a 36” line and is interested in an Interlocal Agreement for the design and construction of their project to work within the current Cheek-Sparger Road Project. There was general discussion of the project and the City Council thanked staff for the update. WS-2 Discussion of the October 2, 2024, City Council regular agenda items There was no discussion of this item and Mayor Lindamood adjourned the Worksession at 5:45 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 City Council Minutes October 15, 2024 City of Colleyville Page 2 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 6:34 p.m. Mayor Lindamood called the regular meeting of the City Council to order at 7:00 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: Mayor Bobby Lindamood PLEDGE OF ALLEGIANCE: City Attorney Sarah Ross 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - RESOLUTION R-24-4976 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Mayor Lindamood and the City Council provided announcements regarding community news and upcoming events. 4. CONSENT: READING AND PUBLIC HEARING - RESOLUTION R-24-4977 4a Approval of the minutes of the regular City Council meeting of October 2, 2024 4b Approval of the economic development 2024 Winter Colleyville Christmas Gift Card, Colleyville Cares Gift Card, and the Colleyville Gives advertising grant program City Council Minutes October 15, 2024 City of Colleyville Page 3 4c Approval of a Construction Services Agreement with MGS Cortex Construction Inc., DBA Cortex Construction, for the Webb House Rehabilitation Project, in an amount not to exceed $72,500 and a contingency amount not to exceed $10,000, and authorizing the City Manager to execute the agreement 4d Approval of the Second Amendment to the Construction Services Agreement with Alderink Enterprises, Inc. dba CI Pavement, for the FY2025 Miscellaneous Concrete Repair Project, in an amount not to exceed $682,843.88, and authorizing the City Manager to execute the amendment 4e Approval of a Second Amendment to the Construction Services Agreement with The Lawn Firm, Inc., for the FY2025 Tree Trimming Contract, in an amount not to exceed $75,000, and authorizing the City Manager to execute the amendment 4f Approval of the third one-year renewal term with Stripe-A-Zone, LLC, for the FY2025 Miscellaneous Pavement Marking Construction Services Agreement in an amount not to exceed $150,000, and authorizing the City Manager to execute the renewal 4g Approval of an amendment to the Professional Services Agreement with MAS Consulting Engineers, amending the design parameters for Water Project 18: Pecan Park Water and Drainage Improvements Project to modify the drainage design for Phase 2, in an amount not to exceed $34,480.00, and authorizing the City Manager to execute the amendment 4h Approval of a Construction Services Agreement with 2R Construction, LLC, for the Tinker Road Water, Wastewater, Drainage, and Roadway Improvements Project, in an amount not to exceed $2,093,971.45 and a contingency amount not to exceed $200,000, and a materials testing amount not to exceed $44,335, and authorizing the City Manager to execute the agreement Mayor Lindamood read Resolution R-24-4977 in its entirety. Assistant City Manager Mark Wood presented item 4b, Capital Projects Program Manager Elijah Dorminy presented item 4c, and Public Works Director Amber Beard presented the remaining items 4d through 4h. There was no discussion and Mayor Lindamood opened and closed the public hearing without any speakers. City Council Minutes October 15, 2024 City of Colleyville Page 4 Mayor Pro Tem Elder made a motion to approve Resolution R-24-4977, 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 - September 2024 Finance Director Matt Poston began the review of the September financial report by noting September is the last month of reporting in the 2024 fiscal year. He noted sales tax is up again this month, due in part to an audit adjustment. Director Poston then reviewed the performance of all funds and stated it will take a couple more weeks to finalize the FY24 figures and noted auditors will begin their work soon. 6. ORDINANCE(S): SECOND 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. Community Development Director Ben Bryner presented the Special Use Permit (SUP) for a Veterinary Clinic request. He noted veterinary services are only allowed in the ML Light Manufacturing zoning district with the approval of an SUP 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 regarding to the business model, and stated the veterinarian is concerned regarding the no drop off or pick up of animals, especially in emergency situations. He stated the highest number of drop offs and pickups would be four or five on a surgery day. There was general discussion regarding the drop off/pick up not being allowed. City Council Minutes October 15, 2024 City of Colleyville Page 5 Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Ordinance O-24-2299, removing c. (prohibiting drop off/pick-ups) from 1. General, seconded by Councilmember Gunderson. The motion was approved by the following vote: Ayes: 6 – Mayor Lindamood, Mayor Pro Tem Elder, and Councilmembers Mark Alphonso, Ben Graves, Kimberly Holt Gunderson, and Tim Raine. Nays: 1 - Deputy Mayor Pro Tem Richardson. 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 no discussion and Mayor Lindamood opened and closed the public hearing without any speakers. Deputy Mayor Pro Tem Richardson made a motion to approve Ordinance O-24-2300, seconded by Councilmember Raine. 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-24-2301 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. City Council Minutes October 15, 2024 City of Colleyville Page 6 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. There was discussion regarding the changes to allowable discharge amounts Mayor Lindamood opened and closed the public hearing without any speakers. Councilmember Graves made a motion to approve Ordinance O-24-2301, 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. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-24-4978 Consideration of a variance to the required rear yard setback of the R- 20 Single-Family Residential district on Lot 13, Block B, Preston Manor Addition, located at 5914 Preston Way, Case VC24-008 Mayor Lindamood read Resolution R-24-4978 in its entirety. Community Development Director Ben Bryner presented variance request, noting the lot is irregularly shaped and backs to the railroad. Rob Martin, representing applicant Couto Homes, answered questions of the City Council and noted the property owner is trying to meet the HOA covenants, which include having to increase the garage size to accommodate the three car garage regulations. Derek Schurman, the property owner, also addressed his desire to work with both the City and the HOA, and expressed his appreciation to the City Council for their consideration. There was general discussion of the lot size, location, and the square footage. Mayor Lindamood opened the public hearing. Sayeda Syed, 6705 Sapphire Circle North, spoke regarding the distance from rail tracks, which should be considered due to vibration. City Council Minutes October 15, 2024 City of Colleyville Page 7 There were no others wishing to speak and Mayor Lindamood closed the public hearing. Mayor Lindamood made a motion to approve Resolution R-24-4978, 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. 7b Resolution R-24-4979 Consideration of variances to the required lot area and lot width of the R-20 Single-Family Residential district on Lot 6, Block 6, Colleyville Estates Addition, located at 513 Field Street, Case VC24-009 Mayor Lindamood read Resolution R-24-4979 in its entirety. Community Development Director Ben Bryner stated the zoning is R-10 and the variance request is lot size to allow for construction of an accessory building. There was general discussion regarding the challenges of an R-10 lot. The applicant was present to answer questions of the City Council. Mayor Lindamood opened and closed the public hearing without any speakers. Mayor Lindamood made a motion to approve Resolution R-24-4978, 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. 8. CITIZEN COMMENTS There were no speakers. City Council Minutes October 15, 2024 City of Colleyville Page 8 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR TUESDAY, OCTOBER 15, 2024 - READING AND PUBLIC HEARING - RESOLUTION R-24-4980 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 8:25 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, ON THIS THE 6TH DAY OF NOVEMBER 2024. Minutes taken and prepared by: Christine Loven, TRMC City Secretary