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HomeMy WebLinkAboutCity Council-Minutes-12/2/2014 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, December 2, 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 update on the SH26/Colleyville Boulevard Reconstruction Project PC-2 Discussion and update on the SH26/Colleyville Boulevard School Safety Zone PC-3 Presentation of the Quarterly Investment Report for quarter ending September 30, 2014 PC-4 Discussion of the December 2, 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 contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Michael S. Newman v. City of Colleyville and City of Keller Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities City of Colleyville Page 1 City Council Agenda December 2, 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 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Reverend Cameron Veazey, Colleyville Assembly of God 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-14-3810 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 Mayor's Community Spirit Award to the Hall Family 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3811 4a Approval of the minutes of the regular City Council meeting of November 18, 2014 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-14-1940 Consideration of a Special Use Permit for an accessory building on Lot 2, Block 3, of the Quail Crest Estates Addition, located at 3512 Meadowlark Lane, Case ZC14-022 5b Ordinance O-14-1941 Consideration of a Special Use Permit for the sale of alcoholic beverages for on-premise consumption on Lot 1R1, Block 2, of the Town Center Colleyville Addition, located at 1205 Church Street, Case ZC14-023 City of Colleyville Page 2 City Council Agenda December 2, 2014 5c Ordinance O-14-1942 Consideration of a zoning change from the CC-2 Shopping Center zoning district to the PUD-C-Planned Unit Development-Commercial zoning district on 1.94 acres of Abstract 352, of the Elizabeth Cox Survey, located at 5200 State Highway 121, Case ZC14-024 5d Ordinance O-14-1943 Consideration of a zoning change from the AG-Agriculture zoning district to PUDR-Planned Unit Development zoning district on 11.22 acres of Abstract 1034, of the G. W. Minter Survey, Lot 1, Block A, of the Twin Oak Estates Addition, and Lot 1, Block 1, of the Hartley Addition, located at 5205, 5207, 5303, 5309, 5311, 5313, and 5317 Roberts Road, Case ZC14-019 5e Ordinance O-14-1944 Consideration of a zoning change from the AG-Agricultural zoning district to the PUD-R-Planned Unit Development-Residential zoning district on 2.62 acres of Abstract 1034, of the G. W. Minter Survey, located at 5017, 5113, and 5201 Roberts Road, Case ZC14-025 5f Ordinance O-14-1945 Approval to amend various sections of the Colleyville, Texas, Code of Ordinances and the Land Development Code, setting fees and charges for City services 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-14-3812 Approval of changing the dates of the May 19, August 4, October 6, and November 3, 2015 regular City Council meetings 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 2, 2014 - READING AND PUBLIC HEARING - RESOLUTION R-14-3813 9. ADJOURNMENT City of Colleyville Page 3 City Council Agenda December 2, 2014 I hereby certify this agenda was posted on City Hall bulletin boards Wednesday, November 26, 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, December 2, 2014 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on December 2, 2014, at 5:35 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Executive Director of Development and Infrastructure Chris Fuller, Police Chief Mike Holder, Assistant Police Chief Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Recreation and Library Director Mary Rodne, Parks Manager James Hubbard, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley PC-1 Discussion and update on the SH26/Colleyville Boulevard Reconstruction Project City Engineer Jeremy Hutt presented this item and briefed the City Council. Councilmember Mogged questioned staff regarding if Weatherford and Mansfield have or are working on the Turnback Program. Engineer Hutt replied they are in the final stages of the agreement. Councilmember Putnam asked staff if the cities of Allen and Fort Worth provided any feedback on any issues or concerns they have had so far. Engineer Hutt replied the City of Allen has had more experience with the Turnback Program, and nothing unexpected has come out of the program. Councilmember Mogged questioned staff regarding if there is a turnback option, providing some portion of the funding, with the option to have six lanes. City Manager Jennifer Fadden replied there is an option to identify, either City or other funds, the fifth and sixth lanes of construction, as well as the additional design cost. Councilmember Mogged asked staff if it will be roughly $6 million dollars, including the design cost. City Manager Jennifer Fadden replied yes, that is the estimate we were told. City of Colleyville Page 1 City Council Minutes December 2, 2014 Councilmember Mogged stated having concerns regarding a definite solution, or an engineered design which indicates a solution, that has not been given for the use of right-turn lanes in the heavier retail areas. Councilmember Short stated the capacity numbers being considered are based on an assumption. He stated to achieve those capacity numbers is going to be an issue, given that we do not have them in the current design. Mayor Kelly stated by taking it off-line, we will control the roadway, and we could install more driveway cuts, if necessary. Councilmember Mogged stated a right-turn lane may be considered. Mayor Kelly stated the roadway intersections will be improved. Councilmember Mogged stated it is the retail turning that is the concern. Mayor Pro Tem Taylor stated more curb cuts allow for potential traffic issues. He stated better ingress and egress or parking may help. Councilmember Putnam stated we have the right-of-way for six lanes, which will help with the turning traffic. Councilmember Mogged concurred, for at least in the retail area on the northbound side. Mayor Kelly stated TxDOT has said Colleyville does not need six lanes. Councilmember Putnam stated he does not follow TxDOT and COG’s interest in doing this project; understanding that they are not addressing a transportation problem, unless the intersections are addressing the transportation problem. He added it has been difficult to understand their intersection data. Councilmember Short stated he could not make sense of it either. Mayor Kelly stated Michael Morris, Head of Transportation with NCTCOG, has stated the intersection improvements will improve capacity by 50 percent. Councilmember Putnam added the data does not reflect that statement. Mayor Pro Tem Taylor stated the data is reflective of a multiple level of service, being straight through, rather than at particular intersections. Mayor Kelly stated the peak traffic situations are not going to be taken away. Councilmember Short stated TxDOT has stated that at some point, in the future, six lanes is going to be needed; therefore, how long are we willing to wait to build to that capacity. Councilmember Putnam added that time would be 12 years after the completion of this project. City of Colleyville Page 2 City Council Minutes December 2, 2014 Mayor Kelly stated having concerns with losing the community aspect with a six lane roadway. He stated if the roadway is taken off-line, Colleyville will gain control over it. Councilmember Short stated the current volume levels indicate this roadway is in the 90th percentile with all of the highways in the Dallas/Fort Worth area. Councilmember Short questioned staff regarding if TxDOT provided a sampling of those roadways that are operating at those levels. City Manager Jennifer Fadden replied no. Councilmember Short stated he would like to see that data. Mayor Kelly stated traffic flows pretty well at the four lane capacity, except during peak times. Mayor Pro Tem Taylor stated the traffic signal timing software may help with the structure of the intersections. Councilmember Putnam stated he views Colleyville in two distinct ways, the residential and commercial sectors. He stated SH26 is in the commercial sector, and it is there to serve and solve a transportation purpose. He stated the businesses do not want the four lanes with the medians. Mayor Kelly stated the transportation experts are stating six lanes are not necessary. Councilmember Putnam stated municipalities have influenced the design decisions relative to medians. Mayor Pro Tem Taylor stated we were told numerous times, if we do not want the medians, they will not build the medians. Mayor Pro Tem Taylor stated 14 years ago we were led to believe this was going to be six lanes; however, last year, TxDOT stated something different. Councilmember Putnam stated it is not Colleyville responsibility to address the traffic problem, especially since nothing is done currently. Mayor Kelly stated money needed for transportation is the issue. Councilmember Mogged stated the Turnback Program makes the most sense, since it puts the roadway back in our hands, and we can make the necessary improvements. Mayor Kelly stated if we use the Turnback Program, TxDOT may help with turn lanes in those retail centers. Councilmember Mogged stated he has seen roadways with four lanes on one side and six lanes on the other, such as in Phoenix. Councilmember Putnam stated not having an issue with slower speed. City of Colleyville Page 3 City Council Minutes December 2, 2014 Councilmember Short stated our roadway section will be different than Grapevine, in that our lanes will be narrower; Colleyville has more development; there will be different landscaping; and the signals are spaced closer together. Councilmember Hart stated the extra lanes on the side makes sense, and previously it was taken from a six lane to a four lane, slip lane. He stated we have all been dealt this hand, and all of these suggestions will help to get the highway fixed. He stated he does not want the money to slip away, which creates the slowing down of the project. Councilmember Hart asked Councilmember Putnam if he would prefer there to be more money spent on the extra lanes. Councilmember Putnam replied that if we are not going to make it ready for the future, then we should not move forward. Councilmember Hart asked Councilmember Putnam if more of the City’s money should be put toward this project. Councilmember Putnam replied if we have to do this project now, then we should explore ways to pick-up the extra money to finish the six lanes and negotiate with TxDOT and COG to do so. He stated if there is not a transportation solution, then it is not worth putting the community through it at this time. He suggested the six lanes should be done, or do nothing at all. Councilmember Hart asked Councilmember Putnam where the money will come from. Councilmember Putnam stated the conversation has not taken place on the funding. Mayor Kelly stated 15 months ago the decision was made to move forward with the design plans of moving from six lanes, with the option to go to four lanes. Councilmember Putnam stated he was in favor of the suggestion of the Turnback Program, if the six lanes are constructed now, or with the commitment of funding of the six lanes, in the future, if four lanes are constructed now. Councilmember Short stated if someone is willing to fix the roadway, when it is needed, he is comfortable with moving forward with the four lanes. Councilmember Wollin stated having concerns of the safety of the roadway. Councilmember Putnam asked Mayor Kelly who is responsible for improving the intersection at Tinker Road and Oak Point. Mayor Kelly replied it is TxDOT’s roadway, and there is an extreme shortage of transportation funds. Mayor Pro Tem Taylor stated TxDOT was not going to do the Tinker Road intersection, knowing they were going to do the roadway. City of Colleyville Page 4 City Council Minutes December 2, 2014 Councilmember Short questioned staff regarding if the addition of the third lane, through the retail centers, can be done with the change order. Engineer Hutt replied staff has not discussed any change orders, of that magnitude. Mayor Kelly stated the project has not been let yet, but there is an opportunity to commit to something. Mayor Pro Tem Taylor stated he does not want to do the Turnback Program. He stated the TIF funding would be tied up in the roadway. He stated this money needs to be flowing back into the local needs. He stated not being in favor of encumbering the future generations, especially since it is hard to estimate the increases over time. He added he is supportive of the decision of the group; however, he stated he does not like the Pass-Through option either. Mayor Pro Tem Taylor stated TxDOT said they would see what they could do as a turnback option for the six lanes. City Manager Jennifer Fadden added, but only if there was direction given by City Council. Councilmember Hart asked Mayor Kelly if the roadway remains with the state with the pass-through option. Mayor Kelley said yes. Councilmember Hart stated with this option we know what we are going to be out today, relative to funds. Mayor Pro Tem Taylor stated the reality is that transportation is a huge issue in this state. Councilmember Putnam stated the transportation problem should be solved, but do it now and be done with it, or do nothing. Councilmember Short stated businesses may not locate here because our infrastructure is not sufficient to handle the business. Councilmember Mogged stated he believed Councilmember Hart and Mayor Pro Tem Taylor are in favor of the Pass-Through option and Councilmember Short and Mogged are in favor of the Turnback Program. Councilmember Wollin stated she may be in favor of the Turnback Program; however, she has concerns with the future generations and their responsibility of the roadway. Mayor Kelly stated being in favor of the Turnback Program; however, being concerned for the addition of this roadway with the other infrastructure needs of the City for the future generations to have to encumber. Councilmember Putnam stated being in favor of the Turnback Program with six lanes, or nothing be done at all. City of Colleyville Page 5 City Council Minutes December 2, 2014 Mayor Pro Tem Taylor stated the Turnback Program is for the four lanes. Councilmember Mogged stated there is an option for six lanes with the Turnback Program. Mayor Pro Tem Taylor stated TxDOT will not build six lanes, especially since they cannot justify it. He stated he is not in favor of putting the burden on the future generations. Councilmember Wollin questioned staff regarding if the Turnback Program is chosen, and the TIF money is encumbered, will the intersection improvements along Glade Road remain possible. City Manager Jennifer Fadden replied based on current funding, there is a capacity to exercise the Turnback Program, building six lanes is approximately $7.3 million; therefore, the funding is still available to do Bransford Road to Manning Drive, today. Mayor Pro Tem Taylor stated once the obligation of the TIF district has been met, the taxpayers have a decision to make as to whether or not to keep the TIF district alive, or collapse it, which it then will go into the general fund. Councilmember Short stated it is being pessimistic to believe the entire burden would be upon the City. He stated he believes there will still be partnerships in place. Councilmember Short stated the Pass-Through option will cost $7 million over 12 years. Councilmember Putnam stated the Turnback Program does not work unless six lanes are constructed. Councilmember Mogged stated the Turnback Program makes the most sense. Councilmember Hart stated the Turnback Program is only for Phase III, (John McCain to Brown Trail). Councilmember Putnam asked Mayor Kelly how we reconcile the long term obligation for the lane expansion. Mayor Kelly stated if there is a need, the partners will help address that need. Councilmember Short stated there would be $7 million that could be set aside to do the third lane, by using the Turnback Program. Mayor Pro Tem Taylor stated that is the money we have today, but it may have to be used for something in the future. Councilmember Hart stated being in favor of whatever makes progress. City of Colleyville Page 6 City Council Minutes December 2, 2014 Councilmember Mogged stated the Turnback Program allows the City to take care of what needs to be addressed. Mayor Pro Tem Taylor stated the roadway is future proofed, except for the two middle lanes. He stated the businesses will not have to worry about the roadway being disrupted, given that the two center lanes will be the only item disrupted. Mayor Kelly stated with the Turnback Program, we will control the roadway with being able to cut-out a third lane, not necessarily the entire parkway, through the retail section by Colleyville Downs. Councilmember Putnam stated the business owners along SH26 do not want to do this. He stated there is no survey data which indicates the impact to the businesses. Mayor Pro Tem Taylor stated he has talked with some of the business owners and most just want something to move forward. Councilmember Mogged stated he would like to know what the change order limits will be to get to the six lanes. Mayor Kelly stated TxDOT and COG have been willing to discuss options, which is something they were not willing to do 10 years ago. Councilmember Putnam stated, as a newcomer to this process, it does not feel that way. City Manager Jennifer Fadden stated a resolution will appear on the December 16th agenda seeking COG’s assistance in making the Turnback Program happen. Mayor Pro Tem Taylor asked Councilmember Putnam if he will vote for the Turnback Program with six lanes. Councilmember Putnam said yes. PC-2 Discussion and update on the SH26/Colleyville Boulevard School Safety Zone This item was not discussed; however, it was moved to the December 2, 2014 meeting agenda. PC-3 Presentation of the Quarterly Investment Report for quarter ending September 30, 2014 This item was not discussed; however, it was moved to the December 2, 2014 meeting agenda. PC-4 Discussion of the December 2, 2014, City Council regular agenda items There was no discussion of this item. Mayor Kelly adjourned the Pre Council meeting at 7:25 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:50 p.m. City of Colleyville Page 7 City Council Minutes December 2, 2014 ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Executive Director of Development and Infrastructure Chris Fuller, Police Chief Mike Holder, Assistant Police Chief Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Parks Manager James Hubbard, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, 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 contemplated litigation (Camden Lock LLC) Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Michael S. Newman v. City of Colleyville and City of Keller Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Kelly explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 7:26 p.m. and reconvened at 7:27 p.m. INVOCATION: Reverend Cameron Veazey, Colleyville Assembly of God City of Colleyville Page 8 City Council Minutes December 2, 2014 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-14-3810 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Wollin announced the Colleyville Woman’s Club 30th Annual Holiday Home Tour on Sunday, December 7 from 11:00 a.m. to 5:00 p.m. She stated the following, “five beautiful Colleyville homes will be showcased—each exquisitely decorated for the holidays. Santa’s Sweet Stop returns at Tara Village Shopping Center with sweet treats and holiday décor ideas. Tickets may be purchased in advance for $20 at Market Street, Whole Foods, and Alternative Health Shoppe, as well outlets in Grapevine, Hurst, North Richland Hills, and Southlake. Tickets are $25 on the day of the tour and will also be available at the tour homes. Raffle tickets may also be purchased. The money from this event is used towards charities in this area, and the Colleyville Woman’s Club gave out over $93,000 last year.” Councilmember Mogged announced the Lions Club Breakfast with Santa on Saturday, December 6 from 7:00 a.m. to 11:00 a.m. at Colleyville Center. He stated advance tickets are $8 for the entire family, and photos with Santa are $5. He stated there is a request to bring a can of food for GRACE, or eye glasses to be recycled. Mayor Kelly announced the Christmas Tree Lighting to be held on Friday, December 5, 2014 at 5:30 p.m. at City Hall. He stated once the trees are lit, the celebration continues next door at the library for lots of reindeer games, carriage rides, treats and refreshments, and free photos with Santa. He added this is the only City holiday event scheduled this year. Mayor Kelly announced the Home Town Hero ceremony to be held on Saturday, December 6, 2014 at 11:00 a.m. at Heroes Park in the Village at Colleyville. He stated the Home Town Hero program was designed to recognize those individuals who have made significant contributions to the Colleyville community. Mayor Kelly announced the Mayor for a Day contest is celebrating its tenth year. He stated, “this year’s contest opened Monday, November 3, and all entries must be received by 5:00 p.m. on Monday, December 15, 2014. Announcement of the winner will be made later that week. The contest is open to Colleyville residents City of Colleyville Page 9 City Council Minutes December 2, 2014 only, in grades 2-7. To enter, all contestants must submit a one-to-two page essay addressing three ideas he or she would implement to make Colleyville an even better place to live. For the Mayor for a Day essay contest winner, a day as the city’s “mayor” is the beginning of an unforgettable year. The student will serve as honorary mayor in January, touring city facilities and co-presiding with Mayor David Kelly at a City Council meeting. Additional activities will be scheduled throughout the year, according to the student’s availability.” Presentation of the Mayor's Community Spirit Award to the Hall Family Mayor Kelly presented the Mayor’s Community Spirit Award to Charlie and Faye Hall. Charlie and Faye Hall expressed their appreciation for the recognition. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3811 4a Approval of the minutes of the regular City Council meeting of November 18, 2014 Mayor Kelly read Resolution R-14-3811 in its entirety. Mayor Kelly opened the public hearing at 8:06 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:06 p.m. Councilmember Wollin moved to approve Resolution R-14-3811. Mayor Pro Tem Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 7 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-14-1940 Consideration of a Special Use Permit for an accessory building on Lot 2, Block 3, of the Quail Crest Estates Addition, located at 3512 Meadowlark Lane, Case ZC14-022 Mayor Kelly read the caption of Ordinance O-14-1940. City of Colleyville Page 10 City Council Minutes December 2, 2014 Community Development Director Ron Ruthven presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 8:11 p.m. Terry Muno, 3512 Meadowlark Lane, property owner and applicant, presented this item and briefed the City Council. Mr. Muno explained that an updated plan had been submitted to staff. Mayor Kelly questioned staff regarding the new plan. Director Ruthven replied he had not seen the revised plan, and staff would ensure it will be in the second reading agenda packet. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 8:13 p.m. Mayor Pro Tem Taylor questioned staff regarding if the Planning and Zoning Commission recommended changes in the roof and if the removal of the covered patio would change staff’s recommendation of denial to approval of this request. Director Ruthven replied yes, staff would recommend approval based on the Planning and Zoning Commission’s recommendations. Mayor Kelly asked Mr. Muno regarding the intended use of the covered patio. Mr. Muno replied it would be used for shade while washing cars and such. Mayor Kelly questioned staff regarding if the 90 degree wall is an issue. Director Ruthven replied that given the height of the wall it would need to be moved further from the property line to accommodate the angle. Councilmember Hart asked Mr. Muno if the building will have heating and air conditioning. Mr. Muno replied yes. Councilmember Hart asked Mr. Muno if the building will have a kitchen. Mr. Muno replied no, and it will not have any plumbing. Mayor Pro Tem Taylor asked Mr. Muno if the building would be covered all the way around. Mr. Muno replied no, since it would take away from the Tudor design of the main house. Mayor Pro Tem Taylor asked Mr. Muno if the building will be used for entertainment purposes for the back yard area. Mr. Muno replied yes, it could be. Mayor Pro Tem Taylor questioned staff regarding if the Planning and Zoning Commission had an issue with the building foot print. Director Ruthven replied they had reservations that it may have the appearance of a carport. City of Colleyville Page 11 City Council Minutes December 2, 2014 Mayor Kelly asked staff if this building is at the back of the house; therefore, minimally visible. Director Ruthven replied yes. Mayor Pro Tem Taylor asked Mr. Muno if the covered patio area is located directly from the driveway. Mr. Muno concurred. Mayor Pro Tem Taylor questioned staff regarding if they could put in a covered carport, in the future. Director Ruthven replied a different type of Special Use Permit would be needed for a carport. Mayor Kelly stated the elevation with the covered patio looks better. Councilmembers Putnam and Short concurred. Mayor Pro Tem Taylor stated he agrees the roof should be changed, based on the Planning and Zoning Commission recommendations. Mayor Kelly asked Mr. Muno if the roof change could be made and remain a covered patio. Mr. Muno replied yes. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. 5b Ordinance O-14-1941 Consideration of a Special Use Permit for the sale of alcoholic beverages for on-premise consumption on Lot 1R1, Block 2, of the Town Center Colleyville Addition, located at 1205 Church Street, Case ZC14-023 Mayor Kelly read the caption of Ordinance O-14-1941. Community Development Director Ron Ruthven presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 8:23 p.m. Allen Frank, on behalf of Black Forest Café, presented this item and briefed the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 8:24 p.m. Councilmember Mogged asked Mr. Frank if the existing trees will be retained during the pond improvements, along Riverwalk Drive. Mr. Frank replied their landscape architect will be working to add more trees to the property. City of Colleyville Page 12 City Council Minutes December 2, 2014 Mayor Kelly asked Mr. Frank if the pond will be finished out with stone, around the perimeter. Mr. Frank replied no, they like to keep things in their natural state, as much as possible. Mayor Kelly asked Mr. Frank if there are any erosion concerns. Mr. Frank replied no. Mayor Kelly asked Mr. Frank if there is a natural source of water for the pond. Mr. Frank replied rainfall and then from pond to pond. Mayor Pro Tem Taylor expressed his appreciation to Mr. Frank for choosing Colleyville, and asked if the exhibits presented this evening will be what is constructed. Mr. Frank replied yes. Mayor Kelly asked Mr. Frank if the restaurant will serve breakfast, lunch, and dinner. Mr. Frank replied yes. Mayor Kelly asked Mr. Frank if they have an approximate opening date. Mr. Frank replied in approximately seven months. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. 5c Ordinance O-14-1942 Consideration of a zoning change from the CC-2 Shopping Center zoning district to the PUD-C-Planned Unit Development-Commercial zoning district on 1.94 acres of Abstract 352, of the Elizabeth Cox Survey, located at 5200 State Highway 121, Case ZC14-024 Mayor Kelly read the caption of Ordinance O-14-1942. Community Development Director Ron Ruthven presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 8:38 p.m. Matt Cragun, Cumulus Design, on behalf of the applicant, presented this item and briefed the City Council. Bruce Williams, Director of Operations, La Hacienda Ranch, 5250 State Highway 121, spoke in opposition to this request with concerns for parking. Jeff Lowery, General Manager, La Hacienda Ranch, 5250 State Highway 121, spoke in opposition to this request with concerns for noise, the height of the proposed building, safety, and parking. City of Colleyville Page 13 City Council Minutes December 2, 2014 Alexis Georgiades, 5250 State Highway 121, spoke in opposition to this request with concerns for the hotel use in general. Thomas M. Whelan, attorney for 121 Compadres, LTD. (owner of La Hacienda Ranch) spoke in opposition to this request with concerns for the size of the structure on such a small lot; parking; emergency access; and traffic. There were no others wishing to speak and Mayor Kelly closed the public hearing at 8:55 p.m. Mayor Kelly questioned staff regarding the method the city of Frisco uses to calculate the required parking. Director Ruthven replied not knowing how Frisco calculates parking, especially since there could be other factors considered, such as a restaurant within the hotel. Mayor Kelly questioned staff regarding the calculations used for acquiring the number of parking spaces. Director Ruthven replied the parking calculations are done similar to traffic counts, in that they do not accommodate 100 percent usage or occupancy. Mayor Kelly stated he did not know the number of employees that are going to be there daily, which will reduce the number of parking spaces for hotel occupants. Mayor Kelly questioned staff regarding the emergency access. Fire Chief Brian Riley replied emergency access was considered and the layout is good. Mayor Kelly asked staff the height of the Colleyville Heritage High School, for reference. Director Ruthven replied approximately 48 feet, although he stated not knowing for sure. Mayor Kelly asked staff if a hotel is allowed by right. Director Ruthven replied yes, without the waiver requests. Mayor Kelly stated the proposed hotel is requesting to be set back further from the roadway. Director Ruthven concurred. Councilmember Short stated there is a concern of blocking out sunlight, but what time of year or day would that be an issue for the adjacent property. Director Ruthven replied the summertime may be the only time in which the proposed hotel would block the property to the south. Mayor Pro Tem Taylor stated having the same concerns with parking, especially with trucks, trailers, and buses. Mayor Kelly stated there is an emergency access gate, possibly at the back of the hotel, which may help reduce the hotel traffic and parking. City of Colleyville Page 14 City Council Minutes December 2, 2014 Councilmember Hart questioned staff regarding the number of compact parking spaces. Director Ruthven replied 27 spaces. Councilmember Hart questioned staff regarding if a large car can park in a compact parking space. Director Ruthven replied in theory. Councilmember Hart questioned staff regarding if a compact car can park in a regular parking space. Director Ruthven replied yes. Councilmember Putnam questioned Mr. Cragun regarding the maximum occupancy. Mr. Cragun replied 68 percent is expected. Councilmember Putnam questioned Mr. Cragun regarding if there is any possibility to offer any policing of the parking. Mr. Cragun replied they did reach out to the properties to the north and south end, but they had no interest. Mayor Kelly questioned staff regarding the number of rooms. Director Ruthven replied 96. Mayor Kelly questioned Mr. Lowery regarding if an emergency access gate would be a good compromise. Mr. Lowery replied he would have to visit with the applicant. Councilmember Putnam questioned Mr. Lowery regarding ideally what use would be acceptable in that location. Mr. Lowery replied anything that would fit on that property, something other than a five story building. Mayor Pro Tem Taylor questioned Mr. Lowery regarding what else would be an issue, if the parking can be protected. Mr. Lowery stated it is everything that comes along with the hotel. He stated it does not fit with the properties in this area; the noise; the visibility; the parking; and safety issues with traffic movement. Mr. Cragun asked if City Council would approve of the hotel providing a physical barrier and gate access, maybe through landscaping or ornamental fencing along the side adjacent to the restaurant. Mayor Kelly replied yes, that could help with the parking issues. Councilmember Mogged questioned Mr. Cragun regarding what could be done in the event additional parking is needed. Mr. Cragun stated the primary market is of the business partner who may ride-share, but the hotel will also have a van service to pick people up from the airport, so that they do not have to rent a car. He stated they do have parking agreements, with other businesses, in other areas, so that cars can be valet parked. City of Colleyville Page 15 City Council Minutes December 2, 2014 Mayor Pro Tem Taylor questioned Mr. Cragun regarding if he will be the operator. Mr. Cragun replied he is a representative of the owner and operator. Councilmember Hart questioned Mr. Cragun regarding if there are four story options with this owner/operator. Mr. Cragun replied yes, but it depends on the brand. Councilmember Mogged questioned Mr. Cragun regarding if the parking information could be provided. Mr. Cragun replied they can provide that information. Councilmember Putnam questioned Mr. Cragun regarding if the occupancy information could be provided as well. Mr. Cragun replied yes. Mayor Pro Tem Taylor questioned Mr. Cragun regarding the room count for this location. Mr. Cragun replied yes, for this location, the brand dictated the room count. Mayor Pro Tem Taylor questioned Mr. Cragun regarding if the brand looked at the lot to the north for this location. Mr. Cragun replied yes, there were several attempts to make a purchase, but there was no interest. Mayor Kelly questioned Mr. Whelan regarding the concern for shadows on the restaurant’s kitchen side. Mr. Whelan stated it would be the darkening of the restaurant and the patio area. Mr. Whelan stated being concerned with the waiver request to the height of the building. He stated knowing that the Code allows for a 35 foot building is good, but to allow for a waiver from that is not. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. 5d Ordinance O-14-1943 Consideration of a zoning change from the AG-Agriculture zoning district to PUDR-Planned Unit Development zoning district on 11.22 acres of Abstract 1034, of the G. W. Minter Survey, Lot 1, Block A, of the Twin Oak Estates Addition, and Lot 1, Block 1, of the Hartley Addition, located at 5205, 5207, 5303, 5309, 5311, 5313, and 5317 Roberts Road, Case ZC14-019 Mayor Kelly read the caption of Ordinance O-14-1943. Community Development Director Ron Ruthven presented this item and briefed the City Council. City of Colleyville Page 16 City Council Minutes December 2, 2014 Mayor Kelly opened the public hearing at 9:32 p.m. Pat Atkins, applicant, 3064 N. McArthur Boulevard, Irving, presented this item and briefed the City Council. Marietta Klein, 200 Fremont Court, spoke in support of this request. Denny Wiles, 200 Fremont Court, spoke in support of this request. Mark Wines, 5317 Roberts Road, spoke in support of this request. Barbara Belknap-King, 5313 Roberts Road, spoke in support of this request. Fred King, 5313 Roberts Road, did not wish to speak, but did register his support of this request. The following did not wish to speak, but did register their opposition to this request: Richard Bangs, 3509 Fox Meadows Drive; and Shiryl Thompson Gillaspie, 3511 Fox Meadows Drive. Anthony Pardini, 3504 Fox Glen Drive, spoke in opposition of this request with concerns for density. There were no others wishing to speak and Mayor Kelly closed the public hearing at 9:51 p.m. Mayor Kelly questioned staff regarding if retention/detention is required. Director Ruthven replied the preliminary drainage analysis indicates the open space contains this area. Mayor Kelly questioned Mr. Atkins regarding the open space requirement and lot density. Mr. Atkins replied they determined their open space based on other developments in Colleyville. He added they have more open space than some, and less than others. Mayor Kelly questioned Mr. Atkins regarding if the new site plan contains 13 percent open space. Mr. Atkins replied yes. Mayor Kelly asked staff if 20 percent open space has always been required for this development. Director Ruthven replied yes, and the Land Development Code requires 20 percent. Mr. Atkins added the development is adjacent to a school that has a lot of open space. Mayor Kelly asked staff if the property to the east is Grapevine. Director Ruthven replied the property to the north is Grapevine, with the property to the east being Colleyville. City of Colleyville Page 17 City Council Minutes December 2, 2014 Mayor Kelly questioned Mr. Atkins regarding if there will be rear fencing on the eastern lots. Mr. Atkins replied there will be a wrought iron fence adjacent to the middle school, then a trail, then another wrought iron fence along the eastern property line. He stated this allows the trail to be adjacent to the drainage area, and it will link the trail system. Mayor Kelly questioned Mr. Atkins regarding if the lots have been reduced from 60 to 54, with a lot density of 4.99 dwelling units per acre. Mr. Atkins replied yes. Mayor Kelly suggested the lot ratios be clarified. Mayor Kelly questioned staff regarding if the retention and detention area is allowed in the larger open space area. Director Ruthven replied yes, staff recommended this in terms of the preliminary drainage analysis. He stated the plan was reviewed and accepted by the Engineering Division, but it was not approved. He added the actual engineered plans will come later; however, it did not meet the Land Development Code requirements of open space, in terms of the amount of open space and the amount of retention and detention allowed with in the open space. Councilmember Short questioned staff regarding if the development will dedicate the right-of-way needed along Roberts Road. Director Ruthven replied yes. Councilmember Short questioned if the development will be required to improve Roberts Road along the development of this property. Director Ruthven replied the road is not proposed to be improved by the applicant, and given the impact fees to be collected, that would not be something the applicant would be obligated to do. Councilmember Short questioned Mr. Atkins regarding if the home exhibits are representative of what you can put on the lots. Mr. Atkins replied yes; however, a builder has not been committed for this development. Mayor Pro Tem Taylor questioned Mr. Atkins regarding the sidewalk that does not continue into the sidewalk. Mr. Atkins stated the developer will build a portion of the sidewalk, and the builder would build the remaining. Mayor Kelly questioned Mr. Atkins regarding tree preservation. Mr. Atkins replied they will meet the ordinance requirements of the City. Councilmember Mogged questioned staff regarding the current zoning, is it Agricultural? Director Ruthven replied yes. Councilmember Mogged asked staff if this is being proposed as a transition area. Director Ruthven replied yes. Councilmember Mogged stated he does not view City of Colleyville Page 18 City Council Minutes December 2, 2014 this as a transitional area. Director Ruthven stated the uses to the east are institutional uses which does create and allow this as a transition area. Mayor Kelly suggested and encouraged Mr. Atkins to review other similar developments and their percentages of open space. He stated 18.3 percent is the smallest open space allowed in a development since 2004. Mayor Kelly asked Mr. Atkins if this is his first time to develop in Colleyville. Mr. Atkins replied yes. Mayor Kelly stated most developments are created with more open space for more amenities for the residents of that neighborhood, which creates a more attractive community. Mayor Pro Tem Taylor asked Mayor Kelly if he desires to have more open space or larger lots in this development. Mayor Kelly replied he would like to see more open space, which may mean a reduction in the number of lots. Mayor Pro Tem Taylor agreed this is a transition area; however, the lot footprints do appear to be small. Mayor Pro Tem Taylor questioned staff regarding why this developer is not improving his half of Roberts Road. City Engineer Jeremy Hutt replied there are two things when determining the perimeter street situation, the roadway impact fees and the cost necessary for street development. He stated the developer is responsible for the higher of the two. He stated for this situation, and given the lot count, more than likely it will be the roadway impact fee, paid at the time of the building permit, which would cover the cost of the perimeter street. Mayor Pro Tem Taylor questioned staff regarding the overall plan for Roberts Road. Engineer Hutt replied City Developer Agreements have been created for situations such as these, and staff will review to see if there is value in having an agreement to cost-share the roadway improvement. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. 5e Ordinance O-14-1944 Consideration of a zoning change from the AG-Agricultural zoning district to the PUD-R-Planned Unit Development-Residential zoning district on 2.62 acres of Abstract 1034, of the G. W. Minter Survey, located at 5017, 5113, and 5201 Roberts Road, Case ZC14-025 Mayor Kelly read the caption of Ordinance O-14-1944. Community Development Director Ron Ruthven presented this item and briefed the City Council. City of Colleyville Page 19 City Council Minutes December 2, 2014 Mayor Kelly opened the public hearing at 10:20 p.m. Charles Starnes, applicant, 204 West Nash Street, Grapevine, presented this item and briefed the City Council. He stated being hopeful he could provide an update for the December 16th meeting. Councilmember Hart asked Mayor Kelly if the applicant does not have enough time, before the December 16th meeting, if a continuance may be allowed. Mayor Kelly said yes, especially since staff will need to review any amendments to the plan. Mayor Pro Tem Taylor questioned Mr. Starnes regarding if he is planning to work something out with the adjacent developer. Mr. Starnes replied no, not necessarily. He stated he would like to see the revised site plan to see if revisions have been made to the lot sizes and the compliance with the open space requirements. He stated it may determine the layout of this development. Mayor Pro Tem Taylor questioned Mr. Starnes regarding why the plan would not work for having the homes to face Roberts Road. Mr. Starnes replied he did not believe the Master Plan would allow homes to front collector streets. Director Ruthven stated the Master Plan does not recommend homes fronting collector streets on lots of less than an estate sized lot. Mayor Kelly asked staff if a slip-street would work. Director Ruthven replied it is something to be considered. Mayor Pro Tem Taylor stated there is a slip-street along Martin Lane; however, the design of this development does need some revision so that the product works. Mayor Kelly suggested Mr. Starnes drive-by the homes along Martin Lane to see the slip-street, and how this development may be revised so that it works in this area. Councilmember Hart concurred. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 10:32 p.m. Mayor Pro Tem Taylor questioned staff regarding the lot depth. Director Ruthven replied these lots have been this size for a long time. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. 5f Ordinance O-14-1945 Approval to amend various sections of the Colleyville, Texas, Code of Ordinances and the Land Development Code, setting fees and charges for City services City of Colleyville Page 20 City Council Minutes December 2, 2014 Mayor Kelly read the caption of Ordinance O-14-1945. Mayor Kelly opened the public hearing at 10:35 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:35 p.m. 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-14-3812 Approval of changing the dates of the May 19, August 4, October 6, and November 3, 2015 regular City Council meetings Mayor Kelly read Resolution R-14-3812 in its entirety. Mayor Kelly opened the public hearing at 10:37 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:37 p.m. Mayor Pro Tem Taylor moved to approve Resolution R-14-3812. Councilmember Mogged seconded the motion. The motion to approve carried by the following vote: Aye: 7 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no discussion on this item. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 2, 2014 - Reading and Public Hearing - Resolution R-14-3813 This resolution was not needed. 9. ADJOURNMENT City of Colleyville Page 21 City Council Minutes December 2, 2014 There being no further business before the City Council, Councilmember Putnam moved to adjourn, and Councilmember Hart seconded the motion. The motion to approve carried by the following vote: Aye: 7 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Mayor Kelly adjourned the City Council meeting at 10:37 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 16TH DAY OF DECEMBER 2014. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 22