HomeMy WebLinkAboutCity Council-Minutes-5/6/2014L� `I � Q F
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City of Colleyville
City Council
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, May 6, 2014 City Council Chambers
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
PC-1 Discussion of electronic cigarette regulations
PC-2 Discussion of the L.D. Lockett Park/Cotton Belt Trailhead Enhancement
Project
PC-3 Discussion of the May 6, 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 551.074 - Personnel - Deliberate the appointment, employment,
evaluation, and duties of the city manager
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 May 6, 2014
RESUME REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Pastor Ricky Texada, Colleyville Covenant 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-14-3743
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Presentation of the Government Finance Officers Association (GFOA)
Distinguished Budget Presentation Award - Assistant City Manager
and Chief Financial Officer Terry Leake, Finance Manager Karen
Hines, Strategic Services Manager Adrienne Lothery, and Human
Resources Director Michelle Reyes - Mayor David Kelly
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3744
4a Approval of the minutes of the regular City Council meeting of April
15, 2014
4b Approval of the minutes of the City Council Worksession of April 16,
2014
4c Approval of a Facility Naming Policy
4d Approval of a change order to the engineering services agreement
with CTC, Inc., for the design of railroad quiet zones at Bransford
Road, Pleasant Run Road, and John McCain Road, and authorize the
city manager to execute the agreement
4e Approval of a construction contract with Saber Development, for
Colleyville Boulevard (SH26) Water and Sanitary Sewer Relocations
- Phase 3, in an amount not to exceed $3,269,859.75, and authorize
the city manager to execute the contract
City of Colleyvi//e Page 2
City Council Agenda May 6, 2014
4f Approval of an agreement between CTC, Inc. and the City of
Colleyville to provide maintenance services on the active warning
and advance pre-emption equipment installed at the Fort Worth and
Western Railroad crossings at Bransford Road, Pleasant Run Road,
and John McCain Road, and authorize the city manager to execute
the agreement
4g Approval of the use of Park Land Dedication Fund monies for
Pleasant Run Soccer Complex improvements
5. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
5a Ordinance 0-14-1915
Consideration of a request for a Special Use Permit for a wedding
chapel on Lot iR1, Block 1, of the Monterra Place Addition, located
at 1700 Tennison Parkway, Case ZC14-002
5b Ordinance 0-14-1916
Consideration of a request for a Special Use Permit for on-premise
alcohol sales on Lot 3, Block 1, of the Tara Addition, located at 1009
Cheek-Sparger Road, Suite 122A, Case ZC14-003
5c Ordinance 0-14-1917
Consideration of a request for an amendment to the Special Use
Permit for a Package Store development requirements for Lot 1,
Block 1, Atlantic Oil and Gas Addition, located at 7990 Precinct Line
Road, Case ZC14-005
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-14-3745
Denial of the rate increase requested by Atmos Energy Corp., Mid-
Tex Division under the Company's 2014 Annual Rate Review
Mechanism filing as the requested increase exceeds levels deemed
justifiable by the Atmos Cities Steering Committee
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
8. REPORTS
Colleyville Public Library Meeting Minutes-February 10, 2014
Planning and Zoning Commission Meeting Minutes-March 24, 2014
City of Colleyvi//e Page 3
City Council Agenda May 6, 2014
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MAY 6,
2014 - Reading and Public Hearing - Resolution R-14-3746
10. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 2,
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 Colleyvi//e Page 4
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C�LLEYVILLE
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Tuesdav, Mav 6, 2014
City of Colleyville
City Council
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Citv Council Chambers
Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to
order on May 6, 2014, at 5:32 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Stan Hall, Jody Short, and Tom Hart.
Councilmember Chuck Mogged was absent.
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, Recreation and Library
Director Mary Rodne, Parks Maintenance Supervisory Chris Haworth, Recreation
and City Events Manager Lisa Escobedo, Human Resources Director Michelle
Reyes, 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, City Attorney
Matthew Boyle, and City Secretary Amy Shelley.
PC-1 Discussion of electronic cigarette regulations
Community Development Director Ron Ruthven presented this item and briefed
the City Council.
Councilmember Short stated he noticed cities were enacting ordinances with
these, and stated having concerns for the flavorings containing nicotine.
Mayor Kelly questioned staff regarding if there is a prohibition on nicotine or
tobacco products. Chief Holder replied tobacco products.
Mayor Kelly stated when the synthetic marijuana was being discussed, the City
waited until federal and state legislation came forward. Chief Holder stated there
are avenues that can be pursued to regulate the selling of the products.
Councilmember Hart questioned staff regarding how restaurants regulate the use
of these devices in a no smoking environment. Director Ruthven stated these
devices would not be covered in the City's smoking regulations.
Councilmember Hart questioned staff regarding if the restaurants have policies in
place. Director Ruthven stated not being aware of any specific proprietary
City of Colleyville Page 1
City Council Minutes May 6, 2014
policies, and it is difficult to detect when someone is using these devices.
Mayor Pro Tem Taylor stated there is a study that states there are second hand
carcinogens. He added being concerned about the minors and their use of such.
He stated he would like something that the Police Department can use for
enforcement purposes.
Mayor Kelly stated Grapevine updated their ordinances regarding the use of these
devices at city parks.
Mayor Pro Tem Taylor stated he would like for everyone to be consistent,
especially with those interlocal agreements among the cities.
Director Ruthven questioned if City Council would like staff to bring back some
specific regulations. Mayor Pro Tem Taylor stated he likes Grapevine's ordinance.
Mayor Kelly stated he did not want to adopt something that the federal and state
legislation will overrule.
Mayor Kelly stated being comfortable with updating the current policies regarding
parks. City Manager Jennifer Fadden stated there are ordinances in place as it
relates to smoking in public buildings. She added being more comfortable with
specifically adding regulations for the use of those devices in public buildings.
Councilmember Short stated not knowing what the effects of these devices are.
Councilmember Hart stated having heard of fungus's being formed in them
because of the moisture contained in them.
Mayor Kelly stated being comfortable with waiting until more information comes
out.
Councilmember Short stated the Land Development Code regulates the use of
vapor shops.
Councilmember Wollin questioned staff regarding if the school districts have any
concerns. Chief Holder stated nothing has not been brought to the Police
Department's attention from the school district. He stated the major concern is
prohibiting these devices from minors.
Councilmember Wollin questioned staff regarding if they need support from us
with this issue. Chief Holder stated he could visit with the school district.
Mayor Kelly stated this is a non-tobacco product.
Mayor Pro Tem Taylor questioned the police chief regarding his recommendations.
Chief Holder replied access for minors to purchase is his biggest concern.
City of Colleyville Page 2
Citv Council Minutes Mav 6, 2014
Mayor Pro Tem Taylor questioned staff regarding if a minor could purchase these
devices. Chief Holder replied yes.
Mayor Pro Tem Taylor stated he thought there were restrictions regarding these
devices and minors. Mayor Kelly replied there are no restrictions.
Mayor Pro Tem Taylor stated the nicotine is the addicting substance, and these
devices are the delivery system for the nicotine, yet they are not regulated? Chief
Holder replied correct.
Mayor Pro Tem Taylor questioned staff regarding if these devices put off an odor.
Chief Holder replied most have a citrus smell.
Councilmember
regulations in
legislation.
Short questioned staff regarding the timeframe for getting
place. Chief Holder stated at least a year away from state
Councilmember Hart questioned City Council regarding if regulations should be put
in place regarding using these on City property. Mayor Kelly stated being good
with waiting for federal or state regulations first.
PC-2 Discussion of the L.D. Lockett Park/Cotton Belt Trailhead Enhancement
Project
Assistant City Manager/Chief Financial Officer Terry Leake presented this item and
briefed the City Council. Aaron Babcock, Hidell and Associates Architects, Inc.,
was also present to brief the City Council.
Mayor Pro Tem Taylor questioned Mr. Babcock regarding the location of the
asbestos. Mr. Babcock replied along the drywall surfaces.
Councilmember Hart questioned Mr. Babcock regarding restroom facilities. Mr.
Babcock replied since the property is in the floodplain, restroom facilities would be
too cost prohibitive.
Councilmember Hart questioned Mr. Babcock regarding if the restrooms currently
in the house are functioning. Mr. Babcock replied yes.
Councilmember Hart questioned Mr. Babcock regarding if the slab for the
restrooms could remain, and then the pavilion could be built around it. Mr.
Babcock replied the moment the structure is torn down, it must meet the
requirements of the code.
Councilmember Short questioned Mr. Babcock regarding the costs for a restroom
facility. Mr. Babcock stated it is currently located in the floodplain area; therefore,
City of Colleyville Page 3
City Council Minutes May 6, 2014
it will need to be brought out of this area, prior to any improvements. He added
the ramp system to meet ADA compliance would also need to be constructed.
Mayor Kelly stated there are parks which do not have restroom facilities.
Councilmember Short questioned Mr. Babcock regarding if the restroom facilities
would have to be out of the floodplain area. Mr. Babcock replied yes.
Councilmember Short stated the restrooms are currently in the floodplain area.
Mr. Babcock stated the house was built prior to 1974; therefore, it is
grandfathered in. He added if the structure were to have significant
improvements, it would have to be brought into compliance with ADA.
Mayor Pro Tem Taylor questioned Mr. Babcock regarding how many times the
toilet has flooded in that house. Mr. Babcock replied not knowing.
City Manager Jennifer Fadden stated the house has flooded, that is why the City
purchased the property.
Mayor Pro Tem Taylor questioned Mr. Babcock regarding if the property slopes
toward the northwest corner. Mr. Babcock replied yes.
Mayor Pro Tem Taylor questioned Mr. Babcock regarding if any consideration was
given to using the highest area for the restroom, but leave the pavilion in the
floodplain. Mr. Babcock stated the entire house is in the floodplain area.
Mayor Pro Tem Taylor questioned Mr. Babcock regarding how the property could
be elevated to be above the 100 year flood area. Mr. Babcock replied it will take
three feet from the homes current location, and then meeting ADA compliance is
not possible.
Mayor Kelly stated there could be phases within the study to have restroom
facilities added with future construction.
Mayor Pro Tem Taylor questioned Mr. Babcock regarding the cost savings by doing
a prefabricated structure. Mr. Babcock replied $20,000; with a total of $50,000
for construction.
Mayor Kelly stated the study could evaluate having permanent restrooms located
at Reagan Park.
Councilmember Hart stated he does not want to make a big investment, but at the
same time, he wants the park to be user friendly.
Mayor Kelly stated the restroom costs could be evaluated for both locations.
City of Colleyville Page 4
City Council Minutes May 6, 2014
Councilmember Short questioned Mr. Babcock regarding if a portable restroom is
acceptable in the floodplain. Mr. Babcock replied yes, since it is not a permanent
structu re.
Mayor Pro Tem Taylor questioned Mr. Babcock regarding a restroom facility along
the trail. Mr. Babcock replied the trail pulls out of the floodplain quickly. City
Manager Jennifer Fadden stated the City does not own any property along the
trail.
Councilmember Hall stated this is going to be an attraction to people. He stated
he would like for all to be done at one time, if possible.
Councilmember Wollin questioned staff regarding if there are any restroom
facilities along the trail. Assistant City Manager/Chief Financial Officer replied
nothing in Hurst, something may be in North Richland Hills where the trail dead-
ends, and at the Pleasant Run Road soccer fields.
Mayor Pro Tem Taylor questioned Mr. Babcock regarding if this is to become a
passive park, for general activities. Mr. Babcock replied it is a neighborhood park,
with the intent to keep it open. He stated it is not going to be a recreation field.
Mayor Kelly questioned Mr. Babcock regarding what will be triggered, if the
asbestos is mitigated. Mr. Babcock stated the structure needs to be out of the
floodplain; therefore, all of the FEMA regulations will apply. He stated as soon as
renovations are done, the grandfathered status is lost. He added the renovation
of the restrooms for ADA compliance would trigger the compliance.
Mayor Pro Tem Taylor stated the residents will go home to go to the restroom.
Councilmember Hart questioned staff regarding if there is a pathway to Reagan
Park. City Manager Jennifer Fadden replied no.
Councilmember Short questioned Mr. Babcock regarding if the existing pipes may
be saved for a future restroom facility. Mr. Babcock replied yes.
Mayor Kelly questioned staff regarding if this recommendation needs to be moved
to CEDC for their approval. City Manager Jennifer Fadden replied the funds already
exist in the budget. Assistant City Manager/Chief Financial Officer Terry Leake
replied $206,000 is in the budget.
Mayor Kelly stated an additional $50,000 is needed for playground equipment.
Assistant City Manager/Chief Financial Officer Terry Leake replied yes, or the Parks
Board could be advised to use Park Land Dedication funds for the park, or as part
of the CEDC budget.
Mayor Kelly stated it would be better to do this all at once.
City of Colleyville Page 5
Citv Council Minutes Mav 6, 2014
Councilmember Hart stated he likes the adult fitness component. Mr. Babcock
stated there is not any other equipment like this along the trail.
Councilmember Hart stated he appreciated the input from the neighbors.
Councilmember Wollin stated those neighbors did not realize they were going to
have an opportunity for providing their input, so they were surprised. She added
the adult fitness component was a popular suggestion.
City Manager Jennifer Fadden questioned City Council regarding if they would like
Mr. Babcock to look further into the restroom facility, or if they are good with
moving forward with the specifications.
Mayor Pro Tem Taylor stated if we leave a place holder for this as a future budget
item, then restrooms will need to be factored in; however, if that does not change
anything, then looks like everything is good to go. Mr. Babcock stated it will not
change much, since the restroom facility would be put in on the back side of the
pavilion. He added the resources will need to be allocated.
PC-3 Discussion of the May 6, 2014, City Council regular agenda items
There was no discussion on this agenda item.
Mayor Kelly adjourned the Pre Council meeting at 6:31 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Kelly at 7:32 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Stan Hall, Jody Short, and Tom Hart.
Councilmember Chuck Mogged was absent.
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, Human Resources Director
Michelle Reyes, 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, City Attorney
Matthew Boyle, and City Secretary Amy Shelley.
1. EXECUTIVE SESSION - In accordance with Texas Government Code,
Chapter 551, Subchapter D
City of Colleyville Page 6
City Council Minutes May 6, 2014
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 551.074 - Personnel - Deliberate the appointment, employment,
evaluation, and duties of the city manager
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, Section 551.074, Personnel, 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 6:31 p.m. and
reconvened at 6:32 p.m.
INVOCATION: Pastor Ricky Texada, Colleyville Covenant 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-14-3743
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
Mayor Kelly reminded everyone about the General Election to be held on Saturday,
May 10, 2014 at Bransford Elementary School. He encouraged everyone to attend
and vote in the City and school board election.
City of Colleyville Page 7
City Council Minutes May 6, 2014
Mayor Kelly reminded everyone that the next City Council meeting is going to be
held next Tuesday, May 13, 2014.
Mayor Kelly reminded everyone about the Colleyville Fire Department Open House,
scheduled for Saturday, May 17, 2014, from 10:00 a.m. to 1:00 p.m.
Presentation of the Government Finance Officers Association (GFOA) Distinguished
Budget Presentation Award - Assistant City Manager and Chief Financial Officer
Terry Leake, Finance Manager Karen Hines, Strategic Services Manager Adrienne
Lothery, and Human Resources Director Michelle Reyes - Mayor David Kelly
Mayor Kelly presented the Government Finance Officers Association Distinguished
Budget Presentation Award to Assistant City Manager and Chief Financial Officer
Terry Leake, Finance Manager Karen Hines, Strategic Services Manager Adrienne
Lothery, and Human Resources Director Michelle Reyes and thanked them for their
service to the City.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3744
4a Approval of the minutes of the regular City Council meeting of April 15,
2014
4b Approval of the minutes of the City Council Worksession of April 16,
2014
4c Approval of a Facility Naming Policy
4d Approval of a change order to the engineering services agreement with
CTC, Inc., for the design of railroad quiet zones at Bransford Road,
Pleasant Run Road, and John McCain Road, and authorize the city
manager to execute the agreement
4e Approval of a construction contract with Saber Development, for
Colleyville Boulevard (SH26) Water and Sanitary Sewer Relocations -
Phase 3, in an amount not to exceed $3,269,859.75, and authorize the
city manager to execute the contract
4f Approval of an agreement between CTC, Inc. and the City of Colleyville
to provide maintenance services on the active warning and advance
pre-emption equipment installed at the Fort Worth and Western
Railroad crossings at Bransford Road, Pleasant Run Road, and John
McCain Road, and authorize the city manager to execute the
agreement
4g Approval of the use of Park Land Dedication Fund monies for Pleasant
Run Soccer Complex improvements
City of Colleyville Page 8
Citv Council Minutes Mav 6, 2014
Mayor Kelly read Resolution R-14-3744 in its entirety.
Councilmember Wollin stated she would like an explanation on items 4e and 4g.
City Engineer Jeremy Hutt presented agenda item 4e, and briefed City Council.
Assistant City Manager/Chief Financial Officer Terry Leake presented agenda item
4g, and briefed City Council.
Mayor Pro Tem Taylor questioned staff regarding the projects' objectives.
Engineer Hutt replied the utilities will be bore cut, rather than done by open
cutting, which minimizes the impact to the adjacent properties.
Mayor Pro Tem Taylor questioned staff regarding if that is a substantial difference.
Engineer Hutt replied no.
Mayor Pro Tem Taylor questioned staff regarding if the businesses will be
disrupted. Engineer Hutt replied there will be disturbance; however, the utilities
will be done far in advance of the road construction. He stated the road
construction is scheduled to be let by December, and the utilities will be done by
that time.
Mayor Pro Tem Taylor stated this is the most efficient way to do this project, given
on-going operations.
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.
Councilmember Wollin moved to approve Resolution R-14-3744.
Councilmember Hart 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, Stan Hall, Jody Short, and Tom Hart
Absent: 1— Councilmember Chuck Mogged
5. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
City of Colleyville Page 9
City Council Minutes May 6, 2014
5a Ordinance 0-14-1915
Consideration of a request for a Special Use Permit for a wedding chapel on
Lot 1R1, Block 1, of the Monterra Place Addition, located at 1700 Tennison
Parkway, Case ZC14-002
Mayor Kelly read the caption of Ordinance 0-14-1915.
Community Development Director Ron Ruthven presented this item and briefed
the City Council.
Mayor Kelly opened the public hearing at 7:52 p.m.
Robin Scheuerman, the applicant and property owner, presented this item and
briefed City Council.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:00 p.m.
Mayor Kelly questioned staff regarding if an off-duty police officer is present during
the event while alcoholic beverages are being served. Police Chief Holder replied
an officer is present at Colleyville Center, but not aware of anything Citywide.
Mayor Kelly stated he would like language added to the ordinance which states a
police officer will be present anytime alcoholic beverages are being served. City
Attorney Matthew Boyle replied language could be added. Ms. Scheuerman stated
she was going to discourage the use of alcohol.
Mayor Kelly questioned staff regarding the distance of this use to the residents.
Director Ruthven replied the closest home is 180 feet from the corner of the
subject property.
Mayor Kelly questioned staff regarding the open space. Director Ruthven replied
there is a creek bottom, and a private park to the west.
Mayor Kelly questioned Ms. Scheuerman regarding the 7:00 a.m. time. Ms.
Scheuerman replied the cleaning staff may need to come in early, or perhaps if
the building is to be used as a polling station; they would need the 7:00 a.m. start
time. She stated she is not limiting this to just weddings.
Mayor Kelly questioned staff regarding if the ordinance is referring to the hours of
operation, or to the allowable hours for weddings. Director Ruthven replied the
actual time of the event on the site.
Mayor Kelly questioned staff regarding if the polling station would be considered
an event. Director Ruthven replied a polling station is not an event.
City of Colleyville Page 10
City Council Minutes May 6, 2014
Mayor Pro Tem Taylor questioned staff regarding what is a polling station
considered. Director Ruthven replied there is no permit required by the City to
operate as a polling station; therefore, any building can be used as a polling
station.
Mayor Pro Tem Taylor questioned staff regarding if there are night time operation
limitations for any of the businesses within this office complex. Director Ruthven
replied no, there are no time restrictions.
Mayor Kelly stated the ordinance states hours of operation for indoor or party
events; however, if there are no parties at 7:00 a.m., is there a better time to
outline in the ordinance. Ms. Scheuerman stated being in favor of coming back if
needed to adjust the hours of operation.
Director Ruthven
underlying uses,
permit.
stated this ordinance only refers to the wedding chapel use; the
allowed by the base zoning, is not affected by this special use
Mayor Pro Tem Taylor stated this ordinance should not affect the overall business.
Ms. Scheuerman stated the overall definition is for the wedding chapel, but there
are many overall events or uses, such as various group or business meetings.
Mayor Pro Tem Taylor stated this is a defined commercial center, and had she not
requested to hold a wedding, she would have been allowed to operate. Director
Ruthven stated in order to hold corporate events, such as HOA meetings, training,
etc., there is not a use defined in the Land Development Code; however, there is a
use for a wedding chapel, so the SUP grants the wedding chapel use, and the
other uses are ancillary to the wedding chapel use.
Mayor Pro Tem Taylor stated being a little perplexed at why this is an issue, since
it is a commercial area. He added he could see where a wedding event may get
out of hand, especially if more people show up than what was invited. Director
Ruthven stated once the tenant of the building advertises for a particular use, then
that becomes the primary use of the building.
Mayor Pro Tem Taylor stated this building appears to be a multi-use facility rather
than just a wedding chapel.
Mayor Kelly stated the same thing happened to the one on John McCain Road, but
that once they started advertising as a wedding chapel, then the special use
permit was required, which is the most restrictive use. Director Ruthven added
the intensity of the use increases the other code requirements, such as required
parking.
Mayor Kelly stated the other uses, such as business meetings, then become
ancillary, and less intense uses, of the wedding chapel.
City of Colleyville Page I1
Citv Council Minutes Mav 6, 2014
Councilmember Hall questioned staff regarding the supermajority vote required.
Director Ruthven stated since the HOA is opposed to the use, the HOA property
itself triggers the supermajority vote.
Mayor Kelly questioned staff regarding if a miniature golf course, an auto parts
store, a grocery store, or a pet store would be allowed, by right, within the current
zoning district. Director Ruthven concurred.
Mayor Pro Tem Taylor questioned staff regarding if a facility selling alcoholic
beverages would be allowed, with the approval of a special use permit. Director
Ruthven concurred.
Councilmember Hart questioned Ms. Scheuerman regarding the HOA. Ms.
Scheuerman replied she spoke with them about a month ago, and thought she had
met their concerns; however, they made new demands on her. She stated she
altered the request to try and meet those demands.
Councilmember Hart encouraged her to meet with the HOA. Ms. Scheuerman
stated not being sure that she can do anything more to satisfy them.
Mayor Pro Tem Taylor questioned Ms. Scheuerman regarding what the HOA is
requiring. Ms. Scheuerman replied they want her to reduce the noise to less than
65 decibels; avoid exiting on Tennison Parkway by using the alternate entry/exit
on Colleyville Boulevard; and ensure the traffic will not increase. She stated she is
concerned that the noise will exceed 65 decibels, at times, especially with over
jubilant wedding parties, and if the entry/exit on Colleyville Boulevard will remain,
given the reconstruction of Colleyville Boulevard.
Mayor Pro Tem Taylor questioned staff regarding if Tennison Parkway is a public
street. Director Ruthven replied yes. Mayor Kelly added that the neighborhood
only has the one way in from Tennison Parkway; therefore, the wedding traffic will
not be going into the neighborhood.
Mayor Kelly stated this is a true commercial area, and there is a buffer between
this business and the residents.
Mayor Pro Tem Taylor questioned Ms. Scheuerman regarding if she owns the
building. Ms. Scheuerman replied yes, and that there are two unoccupied lease
spaces available. She added her operating space is located on the west side of the
building.
Councilmember Wollin questioned Ms. Scheuerman regarding what will take place
for outdoor weddings and if there will be any lighting. Ms. Scheuerman stated she
will have small twinkle lights so that the guests can see where they are walking.
City of Colleyville Page 12
City Council Minutes May 6, 2014
Councilmember Wollin questioned Ms. Scheuerman regarding if there will be any
live bands outside. Ms. Scheuerman replied no.
Mayor Kelly stated to the west of the building is a treed area creating a natural
buffer.
This is the first reading of this item; therefore, City Council did not take any action
on this item during this meeting.
5b Ordinance 0-14-1916
Consideration of a request for a Special Use Permit for on-premise alcohol
sales on Lot 3, Block 1, of the Tara Addition, located at 1009 Cheek-Sparger
Road, Suite 122A, Case ZC14-003
Mayor Kelly read the caption of Ordinance 0-14-1916.
Community Development Director Ron Ruthven presented this item and briefed
the City Council.
Mayor Kelly opened the public hearing at 8:26 p.m.
Beatriz Dickson, the applicant, presented this item and briefed City Council.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:27 p.m.
Mayor Kelly questioned staff regarding the spelling of the restaurant. Director
Ruthven replied the correct spelling is ��Anna", and he would correct the spelling in
the briefing and ordinance before the second reading.
This is the first reading of this item; therefore, City Council did not take any action
on this item during this meeting.
5c Ordinance 0-14-1917
Consideration of a request for an amendment to the Special Use Permit for a
Package Store development requirements for Lot 1, Block 1, Atlantic Oil and
Gas Addition, located at 7990 Precinct Line Road, Case ZC14-005
Mayor Kelly read the caption of Ordinance 0-14-1917.
Community Development Director Ron Ruthven presented this item and briefed
the City Council.
Mayor Kelly opened the public hearing at 8:28 p.m.
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City Council Minutes May 6, 2014
Ken Baca, representing the property owner, presented this item and briefed City
Council.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:29 p.m.
Mayor Kelly questioned staff regarding if the ownership is the same as the
corporation who owns the liquor store. Director Ruthven replied yes.
This is the first reading of this item; therefore, City Council did not take any action
on this item during this meeting.
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-14-3745
Denial of the rate increase requested by Atmos Energy Corp., Mid-Tex
Division under the Company's 2014 Annual Rate Review Mechanism filing as
the requested increase exceeds levels deemed justifiable by the Atmos Cities
Steering Committee
Mayor Kelly read Resolution R-14-3745 in its entirety.
Strategic Services Manager Adrienne Lothery presented this item and briefed the
City Council.
Mayor Kelly opened the public hearing at 8:37 p.m.
Mary Jean Maloney, Atmos Energy, stated they support the denial, and the process
to do so.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:38 p.m.
Mayor Kelly questioned Ms. Maloney regarding why the denial, especially since
legislation dictates the GRIP formula. Ms. Maloney replied it is capital, whereas
the RRM contains more components, such as maintenance and capital, which is
shared with the coalition.
Mayor Kelly questioned staff regarding the capital improvement cost. Manager
Lothery replied roughly it is estimated to be $45.7 million, with $15 million
allocated for maintenance and operation costs.
Councilmember Hart moved to approve Resolution R-14-3745. Mayor Pro
Tem Taylor seconded the motion.
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City Council Minutes May 6, 2014
The motion to approve carried by the following vote:
Aye: 6- Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Stan Hall, Jody Short, and Tom Hart
Absent: 1— Councilmember Chuck Mogged
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
Alexandria Willard, 3721 Woodmont Court, spoke regarding the installation of a
handicap accessible swing at Colleyville parks, especially Sparger Park since her
friend Bailey has to go to a handicap accessible park in Grapevine to swing. She
added this would benefit a lot of children in the area.
8. REPORTS
Colleyville Public Library Meeting Minutes-February 10, 2014
Planning and Zoning Commission Meeting Minutes-March 24, 2014
There was no discussion of this item.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MAY 6,
2014 - Reading and Public Hearing - Resolution R-14-3746
This resolution was not needed.
10. ADJOURNMENT
There being no further business before the City Council, Councilmember Hart
moved to adjourn, and Councilmember Short seconded the motion.
The motion carried by the following vote:
Aye: 6- Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Stan Hall, Jody Short, and Tom Hart
Absent: 1— Councilmember Chuck Mogged
Mayor Kelly adjourned the City Council meeting at 8:45 p.m.
APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE
13TH DAY OF MAY 2014.
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Citv Council Minutes Mav 6, 2014
Minutes taken and prepared by:
P�u
Amy Shelley, TRMC
City Secretary
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