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HomeMy WebLinkAboutCity Council-Minutes-4/15/2014City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, April 15, 2014 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Overview of Recreation and Senior Center Programs PC-2 Mid year budget presentation PC-3 Discussion of the Colleyville Boulevard (SH26) Water and Sanitary Sewer Relocation Project PC-4 Presentation of the Monthly Financial Report - March 2014 PC-5 Discussion of April 15, 2014 City Council regular agenda items 1.EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney regarding pending litigation - Keith Pardew v City of Colleyville 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 that the City has received from business prospects that 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 City of Colleyville Page 1 City Council Agenda April 15, 2014 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-14-3738 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of the Colleyville Garden Club Promenade Garden Tour, May 4, 2014 - Colleyville Garden Club President Suzanne Hughes In recognition of Colleyville's featured business, Machelle's Boutique, Machelle Dennis, Owner, 5611 Colleyville Boulevard, Suite 200 - Mayor David Kelly and Economic Development Director Marty Wieder 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3739 4a Approval of the minutes of the regular City Council meeting of April 1, 2014 4b Approval of a Segway i2 electric vehicle donation from Mr. Steve Bryant to the Colleyville Police Department 4c Approval of a Crossing Improvement Agreement between the Fort Worth and Western Railroad and the City of Colleyville, to install and maintain quiet zone railroad crossings at Bransford Road, Pleasant Run Road, and John McCain Road, and authorize the city manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-14-1912 Request for a Special Use Permit for a temporary concrete batch plant on Tracts 1F and 1G, Abstract 1038, of the Hall Medlin Survey, and Tracts 1A02 and 1C, Abstract 295, of the William E. Crooks Survey, located at 7612 and 7624 Pleasant Run Road, Case ZC14-004 City of Colleyville Page 2 City Council Agenda April 15, 2014 5b Ordinance O-14-1913 Request for a Special Use Permit for a temporary concrete batch plant on an approximate 37,500 square foot portion of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734, located at the northwest corner of Heritage Avenue and Cheek-Sparger Road, Case ZC14-006 5c Ordinance O-14-1914 Approval of amendments to Chapter 3 - Land Use, Section 3.24.(B)- Schedule of Permitted Principal Uses and Section 3.24.(D)-Temporary Buildings and Uses, of the Land Development Code, Case GC14-006 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-14-3740 Consideration of a waiver to the sidewalk construction and escrow requirements on Lot 7, Block 3, of the Stafford Heights Subdivision, located at 4613 Manning Drive, Case GC14-009 6b Resolution R-14-3741 Consideration of a request to amend the Colleyville Pathways Plan, by removing Trail 35 from the plan, Case GC14-005 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS Zoning Board of Adjustment Meeting Minutes - February 11, 2014 Parks and Recreation Advisory Board Meeting Minutes - February 17, 2014 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 15, 2014 - Reading and Public Hearing - Resolution R-14-3742 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, April 11, 2014, by 5:00 p.m. City of Colleyville Page 3 City Council Agenda April 15, 2014 Amy Shelley, TRMC City Secretary 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 4 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, April 15, 2014 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on April 15, 2014, at 5:34 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief Brian Riley, Fire Marshal Robert McKeown, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Recreation/City Events Manager Lisa Escobedo, Human Resources Director Michelle Reyes, Colleyville Center Manager Leslie Hill, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, Assistant City Attorney Matt Butler, and City Secretary Amy Shelley. PC-1 Overview of Recreation and Senior Center Programs Recreation/City Events Manager Lisa Escobedo presented this item and briefed the City Council. Councilmember Wollin stated the Dog Conformation program is very well received, and attended by many area cities. Mayor Pro Tem Taylor questioned staff regarding if an increase in expenditures were incurred due to the increase in the revenues from the services provided. Manager Escobedo replied outside instructors teach the classes; therefore, a 70/30 split occurs, being 30 percent is revenue for the City. Mayor Pro Tem Taylor questioned staff regarding the volleyball age groups. Manager Escobedo replied with Division 2, 10 and 11 year olds can play up, depending if they play well enough to do so. Mayor Kelly questioned staff regarding if the retailers are giving out coupons for those participants to stay in Colleyville after tournaments and such. Manager Escobedo stated it is something that could be done, however; it has not been done yet. City of Colleyville Page 1 City Council Minutes April 15, 2014 Councilmember Wollin stated the teams could even be sponsored with the business names on the shirts. Mayor Kelly stated the increase in revenues could then be felt Citywide. Mayor Kelly questioned staff regarding the demand seen in girls’ volleyball. Councilmember Wollin stated there has not been a way to play before they get into middle school. Councilmember Short questioned staff regarding if area groups have decreased since our services have increased. Manager Escobedo explained a lot are coming from the Mid-Cites YMCA since our volleyball program is more organized. She stated the level of movement allows for progression to get ready for middle school. Councilmember Wollin questioned staff regarding if there are plans to involve other leagues. Manager Escobedo stated it is too early to tell; however, currently staff is almost maxed out on the numbers. She stated it does put a little bit of a strain on staffing levels. Mayor Pro Tem Taylor questioned staff regarding if there is a revenue situation with volleyball like there is with tennis and yoga. Manager Escobedo replied this is 100 percent revenue for the City. Mayor Pro Tem Taylor questioned staff regarding the third party instructors. City Manager Jennifer Fadden explained everything but volleyball has third party instructors. City Manager Jennifer Fadden explained the problem with volleyball is that Grapevine-Colleyville Independent School District requires one of our employees to be at the school at all times, since we use their gym facility. Councilmember Wollin questioned staff regarding how many people the recreation van will hold? Manager Escobedo replied usually 12-13 maximum, with two staff members. Councilmember Wollin questioned staff regarding if there is a charge to the seniors. Manager Escobedo replied there is a $5.00 fee to cover the gas. She explained there are some trips which are free. Mayor Pro Tem Taylor questioned staff regarding if a map could be made which indicates the non-residents, such as a northeast Tarrant County map. Manager Escobedo replied yes. City of Colleyville Page 2 City Council Minutes April 15, 2014 Mayor Kelly questioned staff regarding if there are times when a Colleyville resident cannot participate because the class is full of non-Colleyville residents. Manager Escobedo replied no. Councilmember Mogged questioned staff regarding if there are classes that are predominantly non-Colleyville residents. Manager Escobedo replied the Dog Conformation class is predominantly non-Colleyville residents, but there are some Colleyville residents. Mayor Pro Tem Taylor questioned Councilmember Wollin regarding what a Dog Conformation class involves. Councilmember Wollin explained it is a practice for dogs who are going to be shown in shows. Mayor Kelly explained there are going to be some periodic updates on programs within the City. PC-2 Mid year budget presentation This item includes discussion for agenda item PC-4. Finance Manager Karen Hines presented this item and briefed the City Council. Mayor Kelly questioned staff regarding if there are, or if there will be, any estimated property tax valuations before the final in July. Mayor Kelly stated his value went up by 24 percent. Mayor Kelly questioned staff regarding if the financial report could be reported quarterly. Councilmembers stated they did not see an issue with that. Councilmember Short questioned staff regarding if there are any deferred needs. City Manager Jennifer Fadden replied yes; however, it is difficult to meet those needs with one time funding. She stated in the past, staff has tried to take the net revenue and do a budget amendment to move those funds to the capital projects fund, to take care of items like annual maintenance. She stated the needs are prioritized so that in the event there are available funds, those needs are met first. Assistant City Manager/Chief Financial Officer Terry Leake explained to meet the requirements of the City Charter, the monthly financial report could be included in the reports section of the City Council agenda. PC-3 Discussion of the Colleyville Boulevard (SH26) Water and Sanitary Sewer Relocation Project Public Works Director Bob Lowry presented this item and briefed the City Council. City of Colleyville Page 3 City Council Minutes April 15, 2014 Mayor Kelly questioned staff regarding if there are any infrastructure operational issues with the Sunrise Terrace and Brighton Oaks. Director Lowry replied no. Councilmember Mogged questioned staff regarding the risk of a catastrophic failure. Director Lowry replied it is not significant in this area. Councilmember Mogged stated this is simply adding two more years to the project. Director Lowry concurred. Mayor Pro Tem Taylor questioned staff regarding if Phase I has been completed, or is part of it being abandoned. Director Lowry replied they have finished from John McCain Road to Hall-Johnson Road. He stated the contractor was terminated after the completion to Hall-Johnson, which left $1.6 million of the contract is left to use to finish the project to Brown Trail. Mayor Pro Tem Taylor questioned staff regarding what costs the City incurred by letting the contractor go. Director Lowry replied it cost the City the inflation factor. Director Lowry stated the proposed contract will finish the project to south of the Brown Trail intersection. Mayor Pro Tem Taylor questioned staff regarding what if this happens again. Director Lowry stated a best value factor was used this time, as opposed to a bid, therefore the best value was also the lowest price. He stated staff does feel that this contractor will do a good job, and he has completed work in Colleyville before. Mayor Pro Tem Taylor questioned staff regarding what are the general conditions, as referred to in the contract. Director Lowry replied the mobilization cost, supervision, and administration, like a “catch all” item. Mayor Pro Tem Taylor questioned staff regarding if contingencies are included or are they separate? Director Lowry explained the contingencies are separate, and included in the amount awarded, to allow staff the ability to address minor field order changes. Mayor Pro Tem Taylor stated the general conditions are separate from the contingencies. Director Lowry replied yes. Councilmember Hart stated this is the first time inflation has been addressed; however, something that does need to be addressed. Mayor Pro Tem Taylor questioned staff regarding the completion date for this project. Director Lowry replied 210 days, and the contractor wants to start work the second week in May; to be done before the end of the year; and before the highway project begins. City of Colleyville Page 4 City Council Minutes April 15, 2014 City Manager Jennifer Faded explained that the approval to award this bid will be on the May 6, 2014 consent agenda. Councilmember Hall questioned staff regarding if the capital improvements are listed somewhere. Director Lowry stated they are all listed in the 2014 Capital Improvement Plan schedule. He stated the Orange Barrel Report also lists those active projects. Mayor Pro Tem Taylor questioned staff regarding what went wrong with this contractor, and if it is possible to avoid this situation. Director Lowry explained the situation with the previous contractor and stated this is why staff chose the best value procurement method this time, other than just going with the price. Mayor Pro Tem Taylor questioned staff regarding what is the best value. Director Lowry explained best value is done by a scoring system. He stated the contractors applying for the bid understand the scoring sheet used. He stated the project staff evaluates the best value scoring methods and then selects the subcontractors through a competitive process. He added that some cities use a construction manager to select the contractors. PC-4 Presentation of the Monthly Financial Report - March 2014 This item was discussed during agenda item PC-2. PC-5 Discussion of April 15, 2014 City Council regular agenda items Mayor Kelly explained agenda item 6a is worded such that approval of the resolution means there would be no escrow required, but that denial of the resolution would mean that an escrow is required. Mayor Pro Tem Taylor stated most do not understand that this is not money going into a slush fund; it is strictly used for sidewalks and trails. Mayor Kelly stated if the resolution is denied, the escrow fee is required. If the resolution is approved, the escrow has been waived. Mayor Pro Tem Taylor questioned staff regarding street fees. City Manager Jennifer Fadden stated all new construction is required to pay roadway impact fees. Mayor Pro Tem Taylor questioned staff regarding if those fees were paid. City Manager Jennifer Fadden replied yes. Councilmember Short stated roadway impact fees are used for service areas. City of Colleyville Page 5 City Council Minutes April 15, 2014 Mayor Pro Tem Taylor stated these escrow fees work the same way. City Manager Jennifer Fadden stated these escrow funds are not impact fees. Councilmember Hall questioned Councilmember Short regarding the difference between impact fee and sidewalk fees. Councilmember Short stated the roadway impact fees are used for the streets outlined on the thoroughfare plan, not for the residential streets. Councilmember Mogged stated the same argument can be made for sidewalks and trails along the main streets and residential streets. City Manager Jennifer Fadden stated these funds are used within the neighborhood districts within the master plan. Mayor Pro Tem Taylor stated the application of the funds is not the same. Mayor Kelly stated before 1999, sidewalks were required to be built. He stated there are now options to either build the sidewalk, or escrow those funds to be used for the sidewalks. Councilmember Mogged stated he would like item 4c to be separated from the consent agenda item to be a stand-alone resolution. Mayor Kelly adjourned the Pre Council meeting at 6:48 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:34 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, Assistant City Attorney Matt Butler, and City Secretary Amy Shelley. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney regarding pending litigation - Keith Pardew v City of Colleyville City of Colleyville Page 6 City Council Minutes April 15, 2014 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 that the City has received from business prospects that 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 Mayor Kelly explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 6:48 p.m. and reconvened at 6:49 p.m. INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: Assistant City Attorney Matt Butler 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-14-3738 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Wollin announced the Friends of the Colleyville Public Library will hold the annual Bargain Book Sale on Saturday, April 26, 2014. She stated private shopping hours for members of Friends will be from 9:00 a.m. to 10:00 a.m. and memberships may be purchased that day. She stated the sale opens to the general public from 10:00 a.m. to 2:00 p.m. and that proceeds from this sale will benefit the library. Mayor Kelly announced the Colleyville Old Tyme BBQ on Friday, April 25, and Saturday, April 26 at Colleyville Center. He stated all proceeds benefit Texas Special Olympics. He explained the new events taking place this year with the Colleyville Backyard BBQ Champ Cook-off. He encouraged everyone to come and participate in this great event. City of Colleyville Page 7 City Council Minutes April 15, 2014 Proclamation in recognition of the Colleyville Garden Club Promenade Garden Tour, May 4, 2014 - Colleyville Garden Club President Suzanne Hughes Mayor Kelly presented a proclamation to Colleyville Garden Club President Suzanne Hughes, and member Carol Wollin, in recognition of the Colleyville Garden Club Promenade Garden Tour, May 4, 2014. President Hughes stated the Colleyville Garden Club will present a Chinese Pistachio tree for City Park in honor of Arbor Day. Councilmember Wollin added that the Colleyville Garden Club designed the Garden Plaza Balustrada at Colleyville Center. In recognition of Colleyville's featured business, Machelle's Boutique, Machelle Dennis, Owner, 5611 Colleyville Boulevard, Suite 200 - Mayor David Kelly and Economic Development Director Marty Wieder Mayor Kelly and Economic Development Director Marty Wieder recognized Machelle Dennis, Owner, Machelle’s Boutique, as the featured business of the month. Ms. Dennis expressed her appreciation to the City of Colleyville for their recognition of Machelle’s Boutique. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3739 4a Approval of the minutes of the regular City Council meeting of April 1, 2014 4b Approval of a Segway i2 electric vehicle donation from Mr. Steve Bryant to the Colleyville Police Department 4c Approval of a Crossing Improvement Agreement between the Fort Worth and Western Railroad and the City of Colleyville, to install and maintain quiet zone railroad crossings at Bransford Road, Pleasant Run Road, and John McCain Road, and authorize the city manager to execute the agreement Mayor Kelly read Resolution R-14-3739 in its entirety and explained item 4c would be moved to the ending resolution. Mayor Kelly opened the public hearing at 7:45 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:45 p.m. Councilmember Wollin moved to approve Resolution R-14-3739. Councilmember Hart seconded the motion. The motion to approve carried by the following vote: City of Colleyville Page 8 City Council Minutes April 15, 2014 Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-14-1912 Request for a Special Use Permit for a temporary concrete batch plant on Tracts 1F and 1G, Abstract 1038, of the Hall Medlin Survey, and Tracts 1A02 and 1C, Abstract 295, of the William E. Crooks Survey, located at 7612 and 7624 Pleasant Run Road, Case ZC14-004 Mayor Kelly read the caption of Ordinance O-14-1912. Councilmember Short recused himself of this item and discussion. Mayor Kelly opened the public hearing at 7:46 p.m. Community Development Director Ron Ruthven stated the applicant has formally requested to withdraw this item. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 7:46 p.m. Mayor Kelly moved to approve the request of the applicant to withdraw this item. Councilmember Mogged seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, and Tom Hart 5b Ordinance O-14-1913 Request for a Special Use Permit for a temporary concrete batch plant on an approximate 37,500 square foot portion of 108.5 acres out of the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey, Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H. Witten Survey, Abstract 1734, located at the northwest corner of Heritage Avenue and Cheek-Sparger Road, Case ZC14-006 Mayor Kelly read the caption of Ordinance O-14-1913. Mayor Kelly opened the public hearing at 7:48 p.m. Community Development Director Ron Ruthven presented this item and briefed the City Council. City of Colleyville Page 9 City Council Minutes April 15, 2014 Mark Leonard, Gilco Contracting, presented the item and briefed the City Council. Mayor Kelly questioned Mr. Leonard regarding if this moves quickly once they get started. Mr. Leonard replied yes. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 7:49 p.m. Councilmember Wollin questioned staff regarding if the exhibit, which shows the location of the batch plant, can be added as an exhibit to the ordinance. Director Ruthven replied yes, and City Council may condition the motion to include the exhibit. Councilmember Wollin stated she would like to include the site plan as Exhibit A to the proposed ordinance. Mayor Pro Tem Taylor questioned staff regarding if the site plan is the location of the batch plant. Mr. Leonard replied yes. Councilmember Mogged stated the site plan actually defines the location of the batch plant. He added the site plan shows the batch plant to be about 1,000 foot from the homes. Councilmember Wollin moved to approve Ordinance O-14-1913 with the amendment to add the site plan as Exhibit A. Councilmember Mogged seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 5c Ordinance O-14-1914 Approval of amendments to Chapter 3 - Land Use, Section 3.24.(B)- Schedule of Permitted Principal Uses and Section 3.24.(D)-Temporary Buildings and Uses, of the Land Development Code, Case GC14-006 Mayor Kelly read the caption of Ordinance O-14-1914. Mayor Kelly opened the public hearing at 7:53 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:53 p.m. City of Colleyville Page 10 City Council Minutes April 15, 2014 Mayor Kelly stated this will allow staff to approve these requests so that the developer may begin construction within the development. Mayor Kelly moved to approve Ordinance O-14-1914. Mayor Pro Tem Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-14-3740 Consideration of a waiver to the sidewalk construction and escrow requirements on Lot 7, Block 3, of the Stafford Heights Subdivision, located at 4613 Manning Drive, Case GC14-009 Mayor Kelly read Resolution R-14-3740 in its entirety. Community Development Director Ron Ruthven presented this item and briefed City Council. Mayor Kelly opened the public hearing at 7:56 p.m. Matthew Hammons, 4613 Manning Drive, presented this item and briefed City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 7:59 p.m. Mayor Kelly questioned staff regarding if sidewalks were required to be constructed prior to 1998-1999, when a new home was constructed. Director Ruthven replied yes. Mayor Kelly stated the supplemental sidewalk plan and map indicates areas in which sidewalks are required or are optional according to the plan. He further explained the amendments made to the plan, were in accordance to the needs in the neighborhood areas, in which the sidewalks are required. Mayor Kelly questioned Mr. Hammons regarding if he knew the sidewalk was required. Mr. Hammons replied yes. Mayor Kelly questioned Mr. Hammons regarding if his builder knew the sidewalk was required. Mr. Hammons replied yes. City of Colleyville Page 11 City Council Minutes April 15, 2014 Councilmember Short questioned staff regarding how much is spent each year for the construction of sidewalks. City Manager Jennifer Fadden stated the sidewalk escrow funds are spent each year to construct those sidewalks throughout the City. She stated the escrow fund started with approximately $200,000, and 75 percent has been spent over the last three to four years. She explained each time a street is built, an assessment of sidewalks and trails is done at that time as well. Councilmember Short stated we are making strides at making the connections. City Manager Jennifer Fadden concurred. Mayor Kelly stated those escrow funds may be spent within its neighborhood district. Mayor Kelly questioned staff regarding if there have been any other funds escrowed for Neighborhood Three. Director Ruthven replied there have been 14 new homes permitted within Neighborhood Three, since the 2009 amendment. He added six homes have escrowed the funds, two did not require a sidewalk, three were built, and three were given variances. Mayor Kelly moved to deny Resolution R-14-3740. Councilmember Hart seconded the motion. The motion to deny carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 6b Resolution R-14-3741 Consideration of a request to amend the Colleyville Pathways Plan, by removing Trail 35 from the plan, Case GC14-005 Mayor Kelly read Resolution R-14-3741 in its entirety. Community Development Director Ron Ruthven presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 8:10 p.m. Mark Howe, 3100 Carisbrooke Court, presented this item and briefed the City Council. Edwin Waller, 513 Leta Lane, spoke in support of this request. Don Bendure, 6117 Waller Lane, spoke in support of this request. Todd Miller, 1504 Douglas, spoke in support of this request. City of Colleyville Page 12 City Council Minutes April 15, 2014 The following persons did not wish to speak, but wanted to register their support of this request: Evelyn Englert, 6114 Waller Lane; Steve Benzirge, 5701 Ponderosa; Daniel Tweddle, 6005 Park Court; Shelly Billups, 5704 Ponderosa Street; and Kate Holden, 6005 Park Court. A petition to abandon the pedestrian trail way between Ponderosa and Waller Lane was received by City Council with 51 signatures in support of this request. A letter was also received by City Council from Mr. Donald Bendure in support of this request. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 8:27 p.m. Councilmember Short stated the lack of connection to the elementary school was the problem, but that this development will solve that issue. Councilmember Wollin stated she does not feel this trail is necessary. Mayor Kelly questioned staff regarding if the developer is only required to construct half of the trail. Director Ruthven replied yes. Mayor Pro Tem Taylor stated he concurred with the applicant, and stated he does not agree with having a private alley. He stated the sidewalks and trails need to be along the streets. Mayor Kelly suggested Trail 35 should be reconsidered by the Parks and Recreation Advisory Board to either be removed or relocated, instead of it being removed all together from the pathways plan. Councilmember Mogged stated this is a perfect example as to why the entire pathways plan needs to be reworked. Mayor Pro Tem Taylor concurred. Councilmember Mogged moved to approve Resolution R-14-3741. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 13 City Council Minutes April 15, 2014 Jimmie Vaughan, 5812 Ponderosa Street, stated he has not had any security issues in 28 years, with criminal activity. He commended the Colleyville Police Department for their efforts on keeping them safe. Bobby Lindamood Jr., 4913 Jim Mitchell Trail West, spoke regarding the construction along Glade Road, and stated he would like to see an exact set of the proposed construction plans. Judy Chappell, 1716 Glade Road, spoke regarding the construction along Glade Road, and stated she would like to see what the plans are for proposed construction on Glade Road. Chris Putnam, 204 White Drive, spoke regarding sidewalks and the proposed construction along Glade Road. John Zeitlin, 1800 Glade Road, spoke regarding the proposed construction along Glade Road. Mayor Kelly reminded everyone about the worksession to be held on April 16, 2014, and that all documents regarding the Glade Road construction are on the City’s website. 8. REPORTS Zoning Board of Adjustment Meeting Minutes - February 11, 2014 Parks and Recreation Advisory Board Meeting Minutes - February 17, 2014 There was no discussion of this item. Mayor Kelly recessed the meeting at 8:58 p.m. Mayor Kelly reconvened the meeting at 9:04 p.m. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 15, 2014 - Reading and Public Hearing - Resolution R-14-3742 Mayor Kelly read Resolution R-14-3742 in its entirety. Public Works Director Bob Lowry presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 9:08 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 9:08 p.m. City of Colleyville Page 14 City Council Minutes April 15, 2014 Councilmember Mogged questioned staff regarding the ongoing maintenance of this agreement, and is it typical for these agreements to be made with ongoing maintenance. Director Lowry stated these maintenance agreements are standard. Councilmember Mogged questioned staff regarding if the quiet zones are built, as a grant, there will be no long term direct costs to the taxpayers; however, the annual maintenance costs are a taxpayer expense. Director Lowry stated the annual maintenance costs are borne by the City, until such time that the responsibility is transferred to Fort Worth Western; however, it could be years down the line. Mayor Kelly stated the City applied for a grant to get the quiet zones and the grant was approved; however, there is a participation portion of the grant. He stated the City then asked the Transportation Authority to pay those participation costs however, they declined. He stated the quiet zones are going to be in place for Colleyville residents and that this participation cost is dictated by the Railroad Commission, and the maintenance costs will be incurred. Mayor Pro Tem Taylor questioned Councilmember Mogged regarding why this item was pulled from the consent agenda. Councilmember Mogged stated the out-of- pocket-costs are such that other budgetary items may be sacrificed because of it. Councilmember Hart stated this is a safety feature that we want to put in place for the citizens. Mayor Pro Tem Taylor questioned staff regarding the alternatives. Director Lowry stated there are no alternatives; if the contract is not approved, the quiet zones will not be constructed. Mayor Pro Tem Taylor stated he understood there would be some costs going into this, but the citizens are in favor of these zones. Director Lowry stated if supplemental safety measures are installed, which are what quad-gates are, and meet the federal requirements, then the trains are not required to blow their horns. Mayor Kelly questioned staff regarding if the current design improvements are in place to meet those federal requirements. Director Lowry replied yes. He added the trails will be built within the railroad right-of-way as part of this project. Mayor Pro Tem Taylor questioned staff regarding if the railroad will actually complete the construction. Director Lowry replied the railroad will install the signal hardware; a general construction contractor will install the portions of the trail in the right-of-way, and reconstruct the road within the railroad right-of-way. City of Colleyville Page 15 City Council Minutes April 15, 2014 Mayor Pro Tem Taylor questioned staff regarding the contractor. Director Lowry replied TxDOT will acquire the contractor, but the City will administer it at the local level. Councilmember Short stated the maintenance is not new, they simply have clarified the additions to the agreement. Director Lowry replied yes, and that any future technology or upgrades done will be at the City’s expense. He added there is an escape clause in the agreement. Councilmember Mogged stated there is a safety change for the pedestrians too. Director Lowry replied yes. Councilmember Hart moved to approve Resolution R-14-3742. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 10. ADJOURNMENT There being no further business before the City Council, Councilmember Mogged moved to adjourn, and Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart Mayor Kelly adjourned the City Council meeting at 9:21 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 6TH DAY OF MAY 2014. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 16