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HomeMy WebLinkAboutCity Council-Minutes-5/6/2014L� `I � Q F � COLLEYViLLE C f � � � 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 1��� � �F �- C�LLEYVILLE rr � -�. 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. City of Colleyville Page 13 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. City of Colleyville Page 14 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. City of Colleyville Page I S Citv Council Minutes Mav 6, 2014 Minutes taken and prepared by: P�u Amy Shelley, TRMC City Secretary City of Colleyville Page 16