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HomeMy WebLinkAboutCity Council-Minutes-4/1/2014 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, April 1, 2014 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion and review of the City's tree preservation regulations located in Chapter 5-Tree Preservation, of the Land Development Code PC-2 Discussion of a Facility Naming Policy PC-3 Discussion of the April 1, 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 - Moxie Pest Services - Dallas, LLC 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 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS City of Colleyville Page 1 City Council Agenda April 1, 2014 INVOCATION: Pastor Dave Jung, Crown of Life Church 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-14-3735 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 Keep America Beautiful and Keep Colleyville Beautiful Great American Cleanup and Arbor Day in Colleyville, April 5, 2014 - Brenda Ritz, Chairman, Keep Colleyville Beautiful Committee Recognition of 2014 Warrant Round-Up Participants Presentation of the Administrative Excellence in Government or Public Service Award for Core 24 Admin Awards to Joyceinne Williams - Mayor David Kelly 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3736 4a Approval of the minutes of the regular City Council meeting of March 18, 2014 4b Approval of a City/Developer Agreement for the Country Way and Park Place Additions, located in the 700 block of L.D. Lockett Road, and authorizing the city manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-14-1911 Approval of an amendment to the Code of Ordinances, Part II, Appendix A, Water and Sewer Policy and Procedures Manual, relating to the rates for use of fire hydrant meters City of Colleyville Page 2 City Council Agenda April 1, 2014 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 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 6b 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 6c 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, GC14-006 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS Colleyville Events Steering Committee Meeting Minutes - October 23, 2013 Planning and Zoning Commission Meeting Minutes - February 24, 2014 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 1, 2014 - Reading and Public Hearing - Resolution R-14-3737 10. ADJOURNMENT City of Colleyville Page 3 City Council Agenda April 1, 2014 I hereby certify this agenda was posted on City Hall bulletin boards Friday, March 28, 2014 by 5:00 p.m. 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 1, 2014 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on April 1, 2014, at 5:35 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, Captain Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Human Resources Director Michelle Reyes, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Planning and Development Coordinator Mary Elliott, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Parks Maintenance Supervisor Chris Haworth, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. PC-1 Discussion and review of the City's tree preservation regulations located in Chapter 5-Tree Preservation, of the Land Development Code Community Development Director Ron Ruthven presented this item and briefed City Council. Councilmember Mogged questioned staff regarding cedar trees. Director Ruthven replied cedar trees are protected. Mayor Pro Tem Taylor questioned staff regarding where in the code it is covered about the person taking down the trees. Director Ruthven replied that is covered in the violation section of the code. Mayor Kelly questioned staff regarding when the violation would apply. Director Ruthven replied, when a tree is moved without a permit, the violation occurs. Mayor Kelly questioned staff regarding the commercial property on SH26, did they receive a citation. Director Ruthven replied no; however, that is an ongoing issue. Mayor Kelly questioned staff regarding what happens to the repeat offenders. Director Ruthven replied the punitive side of the ordinance is proposed to address those issues. City of Colleyville Page 1 City Council Minutes April 1, 2014 Councilmember Short questioned staff regarding if the area of trunk is replaced versus per caliper inch. Director Ruthven replied all surrounding cities require a minimum of a three caliper inch tree. Councilmember Short stated the caliper inch is fine, but it is the number of three inch caliper trees that it takes to make up a 12 inch caliper tree. Director Ruthven stated the surrounding cities do not measure that way. Councilmember Wollin stated that measurement would equal more mass. Councilmember Hart stated this particular developer received the message when the stop work order was placed on the project. He added that when the zoning of the property for this particular project came forward, he stated there was specific discussion about the large trees on this lot and the mitigation for such. Mayor Pro Tem Taylor stated he does not understand how this could have happened, especially when the Mayor brought it up during the public hearing. He stated he does not feel it was simply an accident. Director Ruthven replied there was a lack of communication on behalf of the contractor. Mayor Pro Tem Taylor questioned staff regarding if both the contractor and the sub-contractor can be fined. City Attorney Matthew Boyle stated there is typically one defendant, and the general rule stands that the defendant is the property owner. Mayor Kelly stated there needs to be a clear definition of who is going to be fined. Mayor Pro Tem Taylor stated the Mayor applied a substantial dollar amount upon this project during the public hearing. He stated this was not just overlooked. Mayor Pro Tem Taylor stated a sign could be placed on trees that state there is a fine if this tree is removed without an employee on site before the removal of such. Mayor Pro Tem Taylor stated there should be something in place that makes the contractors consider all things, twice, before the removal of a tree. He stated the punitive side of the code is weak. Councilmember Wollin stated being in favor of a tree conservation plan, especially since the citizens appreciate the urban forest. Councilmember Wollin questioned staff regarding the protective tree fencing, and if it could be more prominent for those passing by the property. Director Ruthven replied something more could be added to the code. City of Colleyville Page 2 City Council Minutes April 1, 2014 Mayor Pro Tem Taylor stated the minimum per caliper inch should be larger than the three inch minimum, such as six inch caliper. He stated this will make a bigger difference in the property and it will cost the developer more. Director Ruthven stated there are developers who have planted larger caliper inch trees. Councilmember Hart questioned staff regarding if developers have insurance with projects to cover instances like this. Director Ruthven replied some have liability insurance. Councilmember Hart questioned staff regarding if this insurance is required. Director Ruthven replied there is currently something in place on the gas well permits, such as the $50,000 escrow to cover costs incurred by the City. Mayor Kelly stated he did not want to make it punitive up front, especially for the good developers. Councilmember Hart stated good developers will carry liability insurance to cover these costs. Councilmember Hart stated something needs to be put in place and if we have to become more punitive, then we can do so. Mayor Pro Tem Taylor stated other cities need to be looked at to see what they have in place, like the Woodland area. Councilmember Short questioned staff regarding tree preservation plans and how they relate to public rights-of-way. Director Ruthven replied it is context sensitive site design, therefore waivers have to be requested for the actual site design. Councilmember Short stated it appears that site design area could be considered more when planning the project. Director Ruthven concurred. Councilmember Mogged stated wanting more “teeth” in the restoration part of the process. He stated the developer may end up with a better situation. Mayor Kelly questioned staff regarding who will write the citation. Director Ruthven replied a licensed code enforcement officer or a police officer. Mayor Kelly questioned staff regarding who would call them out to write the citation. Director Ruthven replied a staff representative or citizen. Councilmember Mogged stated the tree enforcement policy seems to be centered on the newly developed properties, not necessarily the older properties. Director Ruthven stated with residents who currently live on their property, they are essentially exempt from the tree preservation, therefore they may clear-cut their property. He stated this has created a loop-hole. City of Colleyville Page 3 City Council Minutes April 1, 2014 Councilmember Wollin stated she would like the loop-holes to be closed. Director Ruthven concurred. Mayor Kelly stated it is upon City Council to look at the future PUD requests to maintain existing trees. PC-2 Discussion of a Facility Naming Policy Strategic Services Manager Adrienne Lothery presented this item and briefed City Council. Mayor Kelly questioned staff regarding if naming is different from recognition, or the dedication of such. Manager Lothery replied yes, it does not preclude those items. Councilmember Hall questioned staff regarding if this came forward because of the request to rename the Justice Center. Mayor Kelly stated there have been several requests; however, there is not a policy in place. Manager Lothery concurred. Mayor Pro Tem Taylor suggested a time period should be outlined, so the naming or changing of the name of a facility is done when emotions are not at an all-time high. He added that the name should have special meaning to the facility. Councilmember Short questioned staff why the naming of the facility should happen within 60 days of acquisition, why would would we want to rush? Manager Lothery stated this was standard language already included in the previously adopted policy. Mayor Kelly stated for the purposes of marketing the facility, the name needs to be identified in a timely manner. Councilmember Hart concurred with needing a time criteria, especially with the example of a deceased individual. Councilmember Wollin stated one of the school districts put in a five year time limit. Mayor Kelly suggested looking at other cities to see what their policy looks like. Manager Lothery concurred. Mayor Pro Tem Taylor stated looking at more local names rather than statewide. Mayor Pro Tem Taylor questioned staff regarding the subdivision criteria. Manager Lothery stated if the facility is located next to a subdivision, the naming of such may be reflective of that subdivision. City of Colleyville Page 4 City Council Minutes April 1, 2014 City Manager Jennifer Fadden questioned, for clarification, Councilmember Short’s statement about the 60 day requirement. She stated the word “shall,” could be changed to “should,” ideally be named within 60 days. Mayor Kelly stated or maybe at the earliest possible time, or within a year. Councilmember Mogged stated in the case of a new facility, signage and such for marketing purposes does need to be in place, fairly soon. Mayor Pro Tem Taylor stated a name should be formulated going into the purchase of the property. He stated there are times when the naming should not be delayed. Councilmember Mogged stated being in favor of “should” rather than “shall.” PC-3 Discussion of the April 1, 2014, City Council regular agenda items Mayor Kelly adjourned the Pre Council meeting at 6:23 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:31 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, Captain Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Human Resources Director Michelle Reyes, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Planning and Development Coordinator Mary Elliott, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Parks Maintenance Supervisor Chris Haworth, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, 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 - Moxie Pest Services - Dallas, LLC v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities City of Colleyville Page 5 City Council Minutes April 1, 2014 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 6:23 p.m. and reconvened at 6:24 p.m. INVOCATION: Pastor Dave Jung, Crown of Life Church 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-14-3735 Mayor Kelly read Resolution R-14-3735 in its entirety. Public Works Director Bob Lowry presented this item and briefed City Council. Mayor Kelly opened the public hearing at 7:33 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:33 p.m. Mayor Pro Tem Taylor moved to approve Resolution R-14-3735. Councilmember Wollin 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 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition City of Colleyville Page 6 City Council Minutes April 1, 2014 Mayor Kelly encouraged everyone to attend the Clean Sweep Event to be held on Saturday, April 5, 2014, 9:00 a.m. to 11:00 a.m. at Colleyville Heritage High School. Proclamation in recognition of Keep America Beautiful and Keep Colleyville Beautiful Great American Cleanup and Arbor Day in Colleyville, April 5, 2014 - Brenda Ritz, Chairman, Keep Colleyville Beautiful Committee Mayor David Kelly presented a proclamation in recognition of Keep America Beautiful and Keep Colleyville Beautiful Great American Cleanup and Arbor Day in Colleyville, April 5, 2014 to Brenda Ritz, Chairman, Keep Colleyville Beautiful Committee. Since Brenda Ritz was not present, Strategic Services Manager Adrienne Lothery thanked the City Council, on behalf of Keep Colleyville Beautiful, for their support. Recognition of 2014 Warrant Round-Up Participants Mayor Kelly recognized Colleyville Citizens Police Academy Alumni, Municipal Court staff, and Police Department for their assistance in the 2014 Warrant Round-Up. The following persons were present and recognized by Mayor Kelly: Rosely Altschul, Councilmembers Stan Hall and Carol Wollin, John Fossett, Captain Robert Hinton, Bertha Hernandez, Karen Randolph, and Paul Vigiletti. Presentation of the Administrative Excellence in Government or Public Service Award for Core 24 Admin Awards to Joyceinne Williams - Mayor David Kelly Mayor Kelly presented Executive Secretary Joyceinne Williams with the Administrative Excellence in Government or Public Service Award, which was awarded by the Core 24 Admin Awards, at a ceremony held March 27, 2014. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3736 4a Approval of the minutes of the regular City Council meeting of March 18, 2014 4b Approval of a City/Developer Agreement for the Country Way and Park Place Additions, located in the 700 block of L.D. Lockett Road, and authorizing the city manager to execute the agreement Mayor Kelly read Resolution R-14-3736 in its entirety. City Engineer Jeremy Hutt presented item 4b and briefed City Council. Councilmember Wollin stated this reduces the cost of future expenses, and it will address the needs for the area drainage. City of Colleyville Page 7 City Council Minutes April 1, 2014 Mayor Pro Tem Taylor questioned staff regarding if this will address the velocity of the water and capture it underground. Engineer Hutt replied this will take the water to the underground system, down L.D. Lockett Road, to the existing system. He added it will close the existing bar ditch area. Mayor Pro Tem Taylor questioned staff regarding if water will dam in this area. Engineer Hutt replied it will not cause any water to dam. Councilmember Hall questioned staff regarding what direction the water will flow. Engineer Hutt replied east. Mayor Kelly opened the public hearing at 7:48 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:48 p.m. Mayor Kelly moved to approve Resolution R-14-3736. Councilmember Hall 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 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-14-1911 Approval of an amendment to the Code of Ordinances, Part II, Appendix A, Water and Sewer Policy and Procedures Manual, relating to the rates for use of fire hydrant meters Mayor Kelly read the caption of Ordinance O-14-1911. Mayor Kelly opened the public hearing at 7:49 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:49 p.m. Councilmember Hart moved to approve Ordinance O-14-1911. Councilmember Mogged seconded the motion. Mayor Pro Tem Taylor questioned staff regarding if this is competitive with other cities, or punitive in the price. Public Works Director Bob Lowry replied the rates are all over the board; however, staff is trying to promote water conservation. He added these contractors are paying less than a residential user at the lowest tiered rate. City of Colleyville Page 8 City Council Minutes April 1, 2014 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. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 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. Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 7:56 p.m. Mark Leonard, Gilco Contracting, presented the item and briefed the City Council. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:59 p.m. Mayor Kelly questioned Mr. Leonard regarding if Texas Commission on Environmental Quality (TCEQ) regulates these batch plants. Mr. Leonard replied yes and the Storm Water Pollution Prevention Plan (SWPPP) management office as well. All silt fencing is put in place prior to the start of the batch plant. Mayor Kelly questioned Mr. Leonard regarding if TCEQ requires a permit for a batch plant. Mr. Leonard replied yes; therefore the 21 days is put in place as a comfortable date for TCEQ, but at the most, the batch plant will be there seven days. Mayor Kelly questioned Mr. Leonard regarding how many cubic yards of concrete is estimated for this project. Mr. Leonard replied approximately 2,500 cubic yards. Mayor Kelly questioned Mr. Leonard regarding how many trucks would have to be brought in, if the batch plant did not exist. Mr. Leonard replied almost 250 redi- mix trucks. He stated this batch plant will cut the truck traffic in half. City of Colleyville Page 9 City Council Minutes April 1, 2014 Councilmember Mogged questioned Mr. Leonard regarding air quality. Mr. Leonard replied everything is enclosed, with a filtering system in place, to keep the particles enclosed. Councilmember Mogged stated he remembers when the batch plants were very dusty. Mr. Leonard replied the mix is wet, and everything stays on site, and it is cleaned up very quickly. Councilmember Wollin questioned Mr. Leonard regarding how TCEQ monitors the facility during the 21 days. Mr. Leonard stated not being sure how TCEQ monitors the facility during that time. He stated they have not ever had anyone call in and complain on the batch plant. Councilmember Wollin questioned Mr. Leonard regarding noise issues. He replied there is not much more noise present than what is currently in place with normal construction traffic. Councilmember Wollin questioned Mr. Leonard regarding if TCEQ will inspect the place once the batch plant is removed. Mr. Leonard replied no, especially since the developer is monitoring the batch plant process. Councilmember Wollin stated being concerned with the slope next to the creek. Mr. Leonard replied they can install a dirt berm for extra caution, along with the silt fencing. Councilmember Wollin stated she would prefer extra caution to be taken, especially since it is going to be adjacent to the creek. Councilmember Wollin questioned Mr. Leonard regarding rain showers. Mr. Leonard stated it will slow down the processing, but it will not affect the overall run-off of the materials. Mayor Pro Tem Taylor questioned Mr. Leonard regarding the silt fencing around the batch plant, is that separate from the developers silt fencing? Mr. Leonard replied yes, in addition to the developer’s silt fencing. Mayor Pro Tem Taylor questioned Mr. Leonard regarding the truck traffic. Mr. Leonard explained the truck traffic process, and stated bringing in the materials will create the most truck traffic, at most, having 10 trucks, versus 100 redi-mix trucks coming in a day. Mayor Pro Tem Taylor stated the impact of truck traffic is much less by having the batch plant on site. Mayor Pro Tem Taylor questioned Mr. Leonard regarding the actual days it will take to complete the project. Mr. Leonard replied it could be less than seven days, most likely four days, without any rain delays. City of Colleyville Page 10 City Council Minutes April 1, 2014 Councilmember Hall stated the truck traffic route needs to be followed and furthermore, the roundabout at John McCain Road and Pleasant Run Road will need to be passed by gently, especially during the landscape reconstruction of such. Mr. Leonard replied it will not be an issue. Councilmember Hart questioned Mr. Leonard regarding if the 21 days includes the set-up and take-down of the batch plant itself. Mr. Leonard replied yes, especially since all can be done in one day. Councilmember Wollin questioned staff regarding the distance from the proposed batch plant to the residents to the west. Director Ruthven replied a little over 1,000 feet to the west. Mayor Kelly stated it will be further away than the gas well pad site. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. Councilmember Short returned for the remainder of the meeting. 6b 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. Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 8:17 p.m. Mayor Kelly questioned Mr. Leonard regarding the proposed truck route. Mr. Leonard replied the trucks will come from SH121 to Glade Road to Heritage Avenue. Councilmember Hall questioned Mr. Leonard regarding if this will be for Phase I of this development. Mr. Leonard replied yes, and it will be placed the furthest south on Phase I. Councilmember Mogged questioned Mr. Leonard regarding if this batch plant will have the same enclosed technology. Mr. Leonard replied yes. City of Colleyville Page 11 City Council Minutes April 1, 2014 Councilmember Hart questioned Mr. Leonard regarding if the 21 days still applies. Mr. Leonard replied the 21 days is the TCEQ comfort level, with an actual four to seven days for completion. Mayor Pro Tem Taylor questioned Mr. Leonard regarding square yards in this job. Mr. Leonard replied about 13,000 square yards. Councilmember Short questioned Mr. Leonard regarding the quality control. Mr. Leonard explained to process in which the quality control is measured by using computerized technology in the truck. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:22 p.m. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. 6c 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, GC14-006 Mayor Kelly read the caption of Ordinance O-14-1914. Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 8:27 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:27 p.m. Mayor Kelly stated surrounding cities already have these regulations in place. Director Ruthven concurred. Mayor Kelly stated this will save time during the development process by having staff approval versus waiting for the Planning and Zoning Commission and City Council. Director Ruthven concurred. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no discussion of this item. City of Colleyville Page 12 City Council Minutes April 1, 2014 8. REPORTS Colleyville Events Steering Committee Meeting Minutes - October 23, 2013 Planning and Zoning Commission Meeting Minutes - February 24, 2014 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 1, 2014 - Reading and Public Hearing - Resolution R-14-3737 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Councilmember Mogged moved to adjourn, and Councilmember Wollin 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 8:30 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 15TH DAY OF April 2014. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 13