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HomeMy WebLinkAboutCity Council-Minutes-12/16/2014 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, December 16, 2014 City Council Chambers COMMITTEE INTERVIEWS - 4:30 P.M. PRE COUNCIL MEETING EXECUTIVE SESSION 4:45 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation and discussion of the 2014 Water and Wastewater Master Plan PC-2 Discussion and update on the SH26/Colleyville Boulevard School Safety Zone PC-3 Discussion of setting a date for a City Council infrastructure worksession PC-4 Presentation of the Quarterly Investment Report for quarter ending September 30, 2014 PC-5 Discussion of the December 16, 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 on 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 City of Colleyville Page 1 City Council Agenda December 16, 2014 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Ricky Texada, Colleyville Covenant Church PLEDGE OF ALLEGIANCE: Assistant City Attorney Matt Butler 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-14-3814 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Colleyville's featured business - Citrus Bistro 5005 Colleyville Boulevard, Suite 240 - Chef Didier Viriot, Owner and Executive Chef; Jean-Loup Schyns, Owner; and Nanou Viriot, Owner - Mayor David Kelly and Economic Development Director Marty Wieder Presentation of the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting - Mayor David Kelly, Assistant City Manager and Chief Financial Officer Terry Leake, and Finance Manager Karen Hines Recognition of employees' years of service City of Colleyville Page 2 City Council Agenda December 16, 2014 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3815 4a Approval of the minutes of the regular City Council meeting of December 2, 2014 4b Approval of the Architectural Review Commission bylaws 5. ORDINANCE(S): SECOND 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 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 PUD-R-Planned Unit Development-Residential 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 City of Colleyville Page 3 City Council Agenda December 16, 2014 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-14-3816 Consideration of appointments to the Colleyville Center Advisory Committee 6b Resolution R-14-3817 Consideration of appointments to the Architectural Review Commission 6c Resolution R-14-3818 Consideration of appointments to the Colleyville Events Steering Committee 6d Resolution R-14-3819 Consideration of appointments to the Colleyville Sidewalks Committee 6e Resolution R-14-3820 Consideration of appointments to the Parks and Recreation Advisory Board 6f Resolution R-14-3821 Consideration of appointments to the Traffic Safety Advisory Committee 6g Resolution R-14-3822 Consideration of appointments to the Tax Increment Finance District Board 6h Resolution R-14-3823 Consideration of an appointment to the Park Land Dedication Committee 6i Resolution R-14-3824 Approval of a resolution requesting the Texas Department of Transportation (TxDOT) complete the reconstruction of State Highway 26/Colleyville Boulevard from John McCain Road to Brown Trail 6j Resolution R-14-3825 Approval of a resolution to utilize the Turnback Program as consideration for the full reconstruction of State Highway 26/Colleyville Boulevard 6k Resolution R-14-3826 Approval of a resolution approving a License Agreement with Dallas Area Rapid Transit (DART) for the Cotton Belt Trail, and authorizing the city manager to execute the agreement 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 4 City Council Agenda December 16, 2014 8. REPORTS Monthly Financial Report - November 2014 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 16, 2014 - Reading and Public Hearing -Resolution R-14-3827 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 12, 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 5 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, December 16, 2014 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on December 16, 2014, at 4:49 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: Councilmember Carol Wollin 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, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Project Engineer Adam Marsh, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Strategic Services Manager Adrienne Lothery, Assistant City Attorney Matt Butler, and City Secretary Amy Shelley PC-1 Presentation and discussion of the 2014 Water and Wastewater Master Plan City Engineer Jeremy Hutt presented this item, and introduced Jeff Sober, Lance Clement, and Jeff Snowden with Garver, LLC, who briefed the City Council. Mayor Pro Tem Taylor questioned Mr. Sober regarding standardizations with the sampling of manholes assessed. Mr. Sober replied there was not consistency throughout Colleyville with the type of manhole installed; therefore, they are all fairly different; however, 33 percent of the manholes assessed were consistent in the way in which they were installed. Mayor Pro Tem Taylor questioned Mr. Sober regarding the criteria used for choosing those manholes. Mr. Sober replied it was based on an eight inch pipeline system; however, it did include some manholes with a six inch capacity, but only if they impacted the eight inch pipeline. Mayor Pro Tem Taylor questioned Mr. Sober regarding if any were related to fencing or security issues. Mr. Sober replied as it relates to TCEQ, the evaluation was meeting the minimum security and safety standards. Councilmember Mogged questioned Mr. Sober regarding if a lack of flow can become an issue. Mr. Sober replied yes, and some of those were identified. City of Colleyville Page 1 City Council Minutes December 16, 2014 Mayor Pro Tem Taylor questioned Mr. Sober regarding the difference between Priority 1 and Priority 2 projects relative to manholes. Mr. Sober replied Priority 1 equals a poor condition rating, and Priority 2 equals a fair condition rating, and they are outlined in the proposed master plan. Mayor Kelly questioned Mr. Clement regarding if model adjustments were made to take into consideration the newer subdivisions, such as Remington Park. Mr. Clement explained how those newer subdivisions are contributing to the aging of the sewer system. Councilmember Mogged questioned Mr. Clement regarding if the slope issue is from the initial installation or a soil shift. Mr. Clement replied it could be a combination of those factors, as well as improper installation or pipe shifting. Councilmember Mogged questioned Mr. Clement regarding what might help to minimize those issues, so that it is not an issue for the future. Mr. Clement replied it begins with the modeling phase of the project, design, and using the correct materials for construction. Engineer Hutt added survey grade documents are required to verify the installation is done correctly. Mayor Kelly questioned Mr. Clement regarding if future developments were considered with the assessment. Mr. Clement replied yes. Mayor Pro Tem Taylor questioned Mr. Clement regarding if there is a 50 percent increase in capacity with a four to six inch pipe. Mr. Clement replied it is not a straight percentage increase, it is relative to diameter and pipe slope. Mayor Kelly questioned Mr. Clement regarding if there is an opportunity to work with the three existing service units in the southern portion of town, rather than an elevated storage tank. Mr. Clement replied yes, and further explained needs for the area. Mayor Kelly questioned Mr. Clement regarding if the modeling on the future usage is a Citywide average or based on location. Mr. Clement replied they used the existing build-meter data and then applied the future land use plans for development. He added it is residential specific, and based on the existing usage. Mayor Pro Tem Taylor questioned Mr. Clement regarding the difference between the high and low plane areas. Mr. Clement explained the differences and added that the elevated storage tank at McDonwell School Road, in the high plane, has a higher level of water than the elevated storage tank at Hall-Johnson Road, in the low plane, due to maintaining the level of capacity Citywide. Councilmember Short questioned Mr. Sober regarding if the City-identified projects were considered in this modeling. Mr. Sober replied yes. City of Colleyville Page 2 City Council Minutes December 16, 2014 Councilmember Mogged questioned Mr. Sober regarding if the CIP takes into consideration the ongoing aging of the infrastructure. Mr. Sober replied yes, and depending on the material and the installation the expected end of life is noted in the modeling and the master plan. Councilmember Mogged questioned Mr. Sober regarding the total asset structure cost. Mr. Sober stated these are replacement costs. Mayor Kelly questioned Mr. Snowden regarding if this structure is in addition to the 2,000 gallons given on the residential impacts. Mr. Snowden replied he has consolidated all of the impacts with these changes. Mayor Pro Tem Taylor questioned Mr. Snowden regarding the number of meters in the City. Mr. Snowden stated the 4,227 number on the slide is incorrect, it should be 9,414 live meters in the City. Councilmember Putnam questioned staff regarding if this does not take into consideration the raw water increase. City Manager Jennifer Fadden replied correct. Councilmember Putnam stated in the end, citizens will see about a 15 percent increase. Mayor Kelly concurred. Mr. Snowden replied these rates are reflective of the ordinance, which include the pass through for purchases from TRA. Councilmember Mogged questioned Mr. Snowden regarding the CIP funding. Mr. Snowden replied the retail rates will need to be adjusted in 2019 to keep up with growth and expenses. Mayor Pro Tem Taylor questioned staff regarding if the end balance reflects the transfers to the General Fund. City Manager Jennifer Fadden replied yes. Mayor Pro Tem Taylor questioned Mr. Snowden regarding if the funding of the entire CIP is in addition to the already projected increases. Mr. Snowden stated these changes do not include anything other than what this model reflects, such as TRA increases. Councilmember Putnam would like to see a matrix with all of the projected increases. Councilmember Mogged concurred. Mayor Kelly stated additional revenues may need to be shown, since the City does not absorb the TRA increases. Mayor Pro Tem Taylor questioned Mr. Snowden regarding the funding of the entire CIP. Mr. Snowden stated the model is reflective of about 45-50 percent of the CIP being funded, through 2019, with the remainder to be funded by other means. City of Colleyville Page 3 City Council Minutes December 16, 2014 Councilmember Putnam questioned Mr. Snowden regarding if the $11.2 million of the previous CIP program is being absorbed by the $55 million. Mr. Snowden replied yes. Councilmember Mogged questioned Mr. Sober regarding the future of the CIP program. Mr. Sober replied the CIP program will never go away; it will be revisited every five years. City Manager Jennifer Fadden stated some assets have a longer life-span than 50 years. Mr. Sober concurred. Mayor Kelly stated some thought needs to be given on these numbers to be able to incorporate them into the City’s needs, just like streets. He stated this will give us a program to follow. Councilmember Putnam stated he would like to see the raw data from the comps from other cities, such as a bill design example. Councilmember Putnam stated he would like to have a discussion in context of the raw water increases to better understand how those will impact capital decisions. City Manager Jennifer Fadden asked City Council if they would like more information. Mayor Pro Tem Taylor stated he would just like to know how it will hit the pocketbook. Councilmember Putnam stated he would like to know the City’s identified triggers. Councilmember Mogged stated he would like to have a sensitivity analysis done to see what it means to do these over time. Mayor Kelly asked Mr. Sober if there is a listing of all projects with all of the variables. Mr. Sober replied yes. City Manager Jennifer Fadden stated staff will aim to bring this back at the next Pre Council meeting so the rate structure can be done in advance of the budget process. PC-2 Discussion and update on the SH26/Colleyville Boulevard School Safety Zone There was no presentation or briefing given by staff for this item. Mayor Kelly stated the school zone could be removed during the reconstruction of SH26. Councilmember Mogged stated the removal during the reconstruction seems to be the best timing. City of Colleyville Page 4 City Council Minutes December 16, 2014 Mayor Pro Tem Taylor stated being in favor of taking out the school zone now, versus waiting until the construction of SH26. Councilmembers Putnam and Hart concurred. PC-3 Discussion of setting a date for a City Council infrastructure worksession City Council set Thursday, February 19, 2015, for the worksession. PC-4 Presentation of the Quarterly Investment Report for quarter ending September 30, 2014 There was no discussion on this item. PC-5 Discussion of the December 16, 2014, City Council regular agenda items There was no discussion on this item. Mayor Kelly adjourned the Pre Council meeting at 6:42 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:34 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: Councilmember Carol Wollin 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, Colleyville Center Manager Leslie Hill, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Strategic Services Manager Adrienne Lothery, Assistant City Attorney Matt Butler, and City Secretary Amy Shelley 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney on contemplated litigation (Camden Lock LLC) City of Colleyville Page 5 City Council Minutes December 16, 2014 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 6:42 p.m. and reconvened at 6:43 p.m. INVOCATION: Ricky Texada, Colleyville Covenant Church PLEDGE OF ALLEGIANCE: Assistant City Attorney Matt Butler 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-14-3814 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 announced the Colleyville Police Department is accepting applications for the 2015 Citizen Police Academy which runs February 5 – April 23, 2015. He explained classes meet on Thursdays from 6:30-9:30 p.m., and for more information contact Dorothy Tyler at 817-503-1241. Mayor Pro Tem Taylor concurred and encouraged everyone to participate, and he expressed his appreciation to public safety for their service to Colleyville. In recognition of Colleyville's featured business - Citrus Bistro, 5005 Colleyville Boulevard, Suite 240 - Chef Didier Viriot, Owner and Executive Chef; Jean-Loup City of Colleyville Page 6 City Council Minutes December 16, 2014 Schyns, Owner; and Nanou Viriot, Owner - Mayor David Kelly and Economic Development Director Marty Wieder Mayor Kelly and Economic Development Director Marty Wieder recognized Chef Didier Viriot, Owner and Executive Chef; Jean-Loup Schyns, Owner; and Nanou Viriot, Owner, of Citrus Bistro, as the featured business of the month. Chef Viriot expressed his appreciation for the recognition. Presentation of the Government Finance Officers Association (GFOA) Certificate of Achievement for Excellence in Financial Reporting - Mayor David Kelly, Assistant City Manager and Chief Financial Officer Terry Leake, and Finance Manager Karen Hines Mayor Kelly presented the Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting to Assistant City Manager and Chief Financial Officer Terry Leake, and Finance Manager Karen Hines. Recognition of employees' years of service Mayor Kelly presented certificates to employees in recognition of their years of service to the City. The following employees were present to receive their certificates: Christine Kuderer, Lauren LeCren, Trey Lee, Chad Beasley, Erica Gill, Amy Shelley, Roy Fergason, Jeremy H. Lewis, Eddie Moran, and Dorothy Posey. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3815 4a Approval of the minutes of the regular City Council meeting of December 2, 2014 4b Approval of the Architectural Review Commission bylaws Mayor Kelly read Resolution R-14-3815 in its entirety. Mayor Kelly opened the public hearing at 7:54 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:54 p.m. Councilmember Mogged moved to approve Resolution R-14-3815. Councilmember Putnam seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart City of Colleyville Page 7 City Council Minutes December 16, 2014 Absent: 1 – Councilmember Carol Wollin 5. ORDINANCE(S): SECOND 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. Community Development Director Ron Ruthven presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 7:55 p.m. Terry Muno, 3512 Meadowlark Lane, presented this item and briefed the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 7:56 p.m. Mayor Kelly moved to approve Ordinance O-14-1940. Councilmember Hart seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin 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. There was no presentation or update provided by staff. Allen Frank, Black Forest Ventures, applicant, presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 7:57 p.m. City of Colleyville Page 8 City Council Minutes December 16, 2014 There were no others present wishing to speak and Mayor Kelly closed the public hearing at 7:57 p.m. Councilmember Hart moved to approve Ordinance O-14-1941. Mayor Pro Tem Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin 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 8:01 p.m. Matthew Cragun, applicant, presented this item and briefed the City Council. Jeff Lowery, 5250 SH121, Colleyville, spoke in opposition to this request with concerns for the size of the proposed building, parking, and the overall hotel use. Thomas Whelan, 2501 North Harwood, Dallas, attorney for Compadres LLC., spoke in opposition to this request with concerns for the overall hotel use, fencing, and parking. Alex Georgiadis, 5250 SH121, Colleyville, spoke in opposition to this request with concerns for the proposed size of the structure. Bruce Williams, 5250 SH121, Colleyville, spoke in opposition to this request with concerns for the traffic. Rodger De Sarno, 302 Del Mar Court, Colleyville, spoke in opposition to this request with concerns for the proposed height of the structure. Julia Barth, 4810 Shadywood Lane, Colleyville, spoke in support of this request. City of Colleyville Page 9 City Council Minutes December 16, 2014 Louis Miller, 7802 Tillman Hill Court, Colleyville, stated neither being in support of or in opposition of this request, but that Colleyville does need to maximize the uses in the commercial areas. Aaron Siddique, 1502 Royal Lane, Colleyville, spoke in support of this request. Carolyn Ann Walgren, 1925 Waterford Drive, Grapevine, spoke in opposition to this request with concerns for safety, crime to businesses and residents, possible security threats, parking, and increased traffic. Nelson Thibodeaux, 5612 Coventry Court, Colleyville, spoke in opposition to this request with concerns for the quality of this hotel at this location, with this site plan. He stated Colleyville does need a hotel, just not this one. Julie Glenn, 2901 Highgrove Court, Colleyville, spoke in opposition to this request with concerns for the hotel use, safety, and traffic. The following persons did not wish to speak, but did wish to register their support: Sharon Siddique, 1502 Royal Lane, Colleyville; and Mo Siddique, 1502 Royal Lane, Colleyville. The following persons did not wish to speak, but did wish to register their opposition: Annette Walters, 6215 Theresa Lane, Colleyville; Janet Borgman, 1800 Rolling Ridge Drive, Grapevine; and Mark Walgren, 1925 Waterford Drive, Grapevine. Mr. Cragun requested City Council table this request to the next meeting to allow the applicant time to address the parking concerns. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 8:46 p.m. Mayor Kelly questioned staff regarding if the hotel use is allowed by right, with the current zoning. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if fencing is required between the school and hotel property. Director Ruthven replied no. Mayor Kelly questioned staff regarding if fencing is required between the restaurant and hotel property. Director Ruthven replied no. Mayor Kelly stated this property was zoned in this district prior to the schools existence. Director Ruthven concurred. City of Colleyville Page 10 City Council Minutes December 16, 2014 Mayor Kelly explained the various uses that would be allowed with the current zoning district, as outlined by the Land Development Code. Mayor Kelly asked City Councilmembers if they would accept the continuation of this item as requested by the applicant to the January 6, 2015 meeting. Councilmember Mogged stated he would be in favor of such. Councilmember Mogged moved to continue Ordinance O-14-1942 to the January 6, 2015 meeting with a public hearing. Councilmember Hart seconded the motion. Mayor Pro Tem Taylor questioned Mr. Cragun, for clarification, the product in which the hotel is branded. Mr. Cragun stated it is a Hilton product. Mayor Pro Tem Taylor asked Mr. Cragun if breakfast would be served in the hotel. Mr. Cragun replied yes, but that he was not 100 percent sure. Mayor Pro Tem Taylor stated he has seen parking to be an issue with hotels, especially with busses and recreational vehicles. Mayor Pro Tem Taylor questioned Mr. Cragun regarding if the fifth story is necessary. Mr. Cragun replied yes. Councilmember Mogged suggested underground parking. Mr. Cragun replied they are not opposed to looking into alternative parking arrangements. Councilmember Putnam questioned Mr. Cragun regarding the solutions to solve the parking issues. Mr. Cragun replied they are trying to work with local establishments for shared parking agreements. Mayor Pro Tem Taylor stated if the fifth floor was eliminated, the parking issues would be resolved. Mr. Cragun concurred. Councilmember Short stated there are some substantial obstacles to overcome. Councilmember Hart asked Mr. Cragun if he understands there is a super majority vote required. Mr. Cragun replied yes. The motion to continue to the January 6, 2015 meeting carried by the following vote: Aye: 5 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Jody Short, and Tom Hart Nay: 1 – Councilmember Chris Putnam City of Colleyville Page 11 City Council Minutes December 16, 2014 Absent: 1 – Councilmember Carol Wollin 5d Ordinance O-14-1943 Consideration of a zoning change from the AG-Agriculture zoning district to PUD-R-Planned Unit Development-Residential 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. Mayor Kelly opened the public hearing at 9:00 p.m. Pat Atkins, 5064 N. McArthur, Irving, applicant, presented this item and briefed the City Council. Bradford Foster, 5205 Bugle Lane, spoke in opposition to this request with concerns for density, and the plans for the construction of Roberts Road. Richard Bangs, 3509 Fox Meadows Drive, spoke in opposition to this request with concerns for density, traffic, and the condition of Roberts Road. Paul Heilman, 3509 Fox Glen Drive, spoke in opposition to this request with concerns for increased traffic, increased density, and the condition of Roberts Road. Marietta Klein, 200 Freemont, spoke in support of this request. The following person did not wish to speak, but did wish to register opposition to this request: Keenan Roach, 3504 Fox Meadows Drive. The following person did not wish to speak, but did wish to register support to this request: Dennis Wiles, 200 Freemont Court. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 9:16 p.m. Mayor Kelly questioned staff regarding the plans for Roberts Road. Director Ruthven replied the roadway impact fees are assessed when the building permit fees are assessed. He stated a perimeter street fee is required for Roberts Road by the developer. City of Colleyville Page 12 City Council Minutes December 16, 2014 Mayor Kelly questioned staff regarding the opposition map. Director Ruthven replied the opposition stands at 14 percent. Mayor Kelly questioned staff regarding roadway ownership. Director Ruthven stated Roberts Road is not a right-of-way, it is a public easement which allows public access. City Manager Jennifer Fadden stated the City has prescriptive rights. Mayor Kelly questioned Mr. Atkins regarding the open space requirements. Mr. Atkins replied there have been variations to this development; however, the justification is that the open space is sufficient to the yield of the property, almost 17 percent of the overall property. He stated it is adjacent to a school with substantial open space. He stated two lots could be eliminated to meet the open space requirements, and that he would be willing to do so, if City Council deems it necessary. Mayor Kelly asked Mr. Atkins if the economics of the development was built upon the 1.8 percent open space. Mr. Atkins stated they believed being adjacent to a school with substantial open space was their justification of the percentage of open space. He stated they were aware of the 20 percent required for open space. Mayor Kelly asked Mr. Atkins if this site plan considers the right-of-way for Roberts Road. Mr. Atkins replied the site plan varies throughout to give some variation to the brick wall running along Roberts Road. He stated they will meet the right-of- way requirements for Roberts Road. Mayor Kelly stated the plat may reflect the actuals versus the conceptual site plan. Mr. Atkins stated he understood. Councilmember Short questioned Mr. Atkins regarding how the open space along Roberts Road will work. Mr. Atkins replied the wall will follow the open space corridor along Roberts Road, and the open space in front of the wall will be landscaped and open. Councilmember Hart questioned Mr. Atkins regarding if they would prefer to continue this to the next meeting to have better drawings. Mr. Atkins replied yes, a continuance. He stated he would make the modifications to have the correct right-of-way, and the 20 percent open space. Councilmember Mogged stated it has been quite some time since a development of this density has been submitted. Councilmember Putnam stated the density is a problem, and he encouraged the applicant to provide a development with significantly less density. City of Colleyville Page 13 City Council Minutes December 16, 2014 Mayor Pro Tem Taylor questioned staff regarding Roberts Road. Director Ruthven replied Roberts Road is currently unimproved, and roadway impact fees are due at the time of the issuance of the building permits. He stated the developer could enter into a City Developer Agreement for the completion of all of Roberts Road, the road cost would then be shared by the City and the developer. He stated the developer is only responsible for the completion of 37.5 feet of right-of-way, and 27 feet of the pavement width. Mayor Pro Tem Taylor stated being in favor of doing the road now, rather than putting it in escrow. Councilmember Short moved to continue Ordinance O-14-1943 to the January 6, 2015 meeting with a public hearing. Mayor Kelly seconded the motion. Mayor Pro Tem Taylor asked Councilmember Putnam to define significantly. Councilmember Putnam stated the density should be the average of at least 4.6 or below. The motion to continue to the January 6, 2015 meeting carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin Mayor Kelly recessed the meeting at 9:42 p.m. Mayor Kelly reconvened the meeting at 9:54 p.m. 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 explained the applicant has submitted a letter to withdraw this item. Mayor Kelly opened the public hearing at 9:55 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 9:55 p.m. City of Colleyville Page 14 City Council Minutes December 16, 2014 Mayor Kelly moved to approve the applicant’s request to withdraw this item. Mayor Pro Tem Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin 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 Mayor Kelly read the caption of Ordinance O-14-1945. There was no staff presentation or brief given for this item. Mayor Kelly opened the public hearing at 9:57 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 9:57 p.m. Mayor Kelly moved to approve Ordinance O-14-1945. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-14-3816 Consideration of appointments to the Colleyville Center Advisory Committee Mayor Kelly read Resolution R-14-3816 in its entirety. Mayor Kelly opened the public hearing at 9:58 p.m. City of Colleyville Page 15 City Council Minutes December 16, 2014 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:58 p.m. Councilmember Hart moved to approve Resolution R-14-3816 with the following appointments: Louis Miller (At-Large); Paul Vigiletti (At-Large); and Amy Redfearn (At-Large); Julie George (Colleyville Garden Club); Tom Westerman (Colleyville Lions Club); Lisa Branscum (National Charity League). Councilmember Mogged seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin 6b Resolution R-14-3817 Consideration of appointments to the Architectural Review Commission Mayor Kelly read Resolution R-14-3817 in its entirety. Mayor Kelly opened the public hearing at 10:00 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:00 p.m. Councilmember Short moved to approve Resolution R-14-3817 with the following appointments: Christina Keilson-Talley, Jim Makens, and Curtis Young. Councilmember Hart seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin Mayor Kelly explained the open position would be readvertised. 6c Resolution R-14-3818 Consideration of appointments to the Colleyville Events Steering Committee Mayor Kelly read Resolution R-14-3818 in its entirety. Mayor Kelly opened the public hearing at 10:01 p.m. City of Colleyville Page 16 City Council Minutes December 16, 2014 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:01 p.m. Councilmember Putnam moved to approve Resolution R-14-3818 with the following appointments: Walt Mills, Amy Redfearn, and Catherine Torrez and advised staff to readvertise for the remaining opening. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin Mayor Kelly stated he would like for the Colleyville Events Steering Committee to reconsider holding the Haunted Trails Event instead of a new fall event. 6d Resolution R-14-3819 Consideration of appointments to the Colleyville Sidewalks Committee Mayor Kelly read Resolution R-14-3819 in its entirety. Mayor Kelly opened the public hearing at 10:03 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:03 p.m. Mayor Kelly moved to approve Resolution R-14-3819 with the following appointments: Dee Kamerman and Joy Lee and advised staff to readvertise for the remaining openings. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin Mayor Kelly stated he would like staff to evaluate the necessity for the need of this committee, especially since there have been changes made to the sidewalk policy. City of Colleyville Page 17 City Council Minutes December 16, 2014 6e Resolution R-14-3820 Consideration of appointments to the Parks and Recreation Advisory Board Mayor Kelly read Resolution R-14-3820 in its entirety. Mayor Kelly opened the public hearing at 10:05 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:05 p.m. Councilmember Mogged moved to approve Resolution R-14-3820 with the following appointments: Nancy Coplen, Place 1; Charlie Bethards, Place 3; Ken Llewellyn, Place 5; and Michelle McGarry, Place 7. Councilmember Hart seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin 6f Resolution R-14-3821 Consideration of appointments to the Traffic Safety Advisory Committee Mayor Kelly read Resolution R-14-3821 in its entirety. Mayor Kelly opened the public hearing at 10:06 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:06 p.m. Mayor Pro Tem Taylor moved to approve Resolution R-14-3821 with the following appointment: Catherine Torrez and advised staff to readvertise for the remaining openings. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin City of Colleyville Page 18 City Council Minutes December 16, 2014 6g Resolution R-14-3822 Consideration of appointments to the Tax Increment Finance District Board Mayor Kelly read Resolution R-14-3822 in its entirety. Mayor Kelly opened the public hearing at 10:08 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:08 p.m. Mayor Kelly moved to approve Resolution R-14-3822 with the following appointments: Tom Hart, David Kelly, Jody Short, Mike Taylor, and Carol Wollin. Mark McClendon (Tarrant County College), Scott Rule (Tarrant County Hospital District), Carolyn Sims (Tarrant County), John Eubanks (Grapevine-Colleyville Independent School District). Mayor Pro Tem Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin 6h Resolution R-14-3823 Consideration of an appointment to the Park Land Dedication Committee Mayor Kelly read Resolution R-14-3823 in its entirety. Mayor Kelly opened the public hearing at 10:09 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:09 p.m. Mayor Kelly moved to approve Resolution R-14-3823 with David Wheelwright as the Planning and Zoning Commission representative. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin City of Colleyville Page 19 City Council Minutes December 16, 2014 6i Resolution R-14-3824 Approval of a resolution requesting the Texas Department of Transportation (TxDOT) complete the reconstruction of State Highway 26/Colleyville Boulevard from John McCain Road to Brown Trail Mayor Kelly read Resolution R-14-3824 in its entirety. City Engineer Jeremy Hutt presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 10:13 p.m. Tom Aikens, 4500 Dartmoor, spoke in opposition to this item with concerns for the four lane construction and medians. Nelson Thibodeaux, 5612 Coventry Court, spoke in opposition to this item with concerns for the four lane construction and medians. He stated Colleyville needs six lanes without medians. David Medlin, 605 Montreux Avenue, spoke in opposition to this item with concerns for the four lane construction. He stated being in favor of six lanes without medians. Louis Miller, 7802 Tillman Hill Court, spoke in support of four lanes with medians and better turn lanes. Bobby Lindamood, 4913 Jim Mitchell Trail West, stated being neutral on this request; however, stated being in support of the construction of six lanes without medians. The following persons did not wish to speak, but did wish to register their opposition: Steve Sexton, 7001 Whippoorwill Court; Craig Calvery, 7002 Whippoorwill Court; Tim Weymouth, 6904 Whippoorwill Court; Bruce Levinson, 7000 Whippoorwill Court; and Annette Walters, 6215 Theresa Lane. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:33 p.m. Councilmember Putnam moved to approve Resolution R-14-3824 with the following amendments: (1) the fifth whereas recital to read, “the City urges the Texas Department of Transportation to complete the reconstruction of State Highway 26/Colleyville Boulevard to a full six-lane build out per the original project justification and plan”; and (2) replace the last sentence in Section 2 to reflect the following, “The City further requests that the North Central Texas Council of Governments provide funding for the costs for the construction of lanes five and six as specified City of Colleyville Page 20 City Council Minutes December 16, 2014 in the original project justification, and to ensure the long-term traffic capacity needs of State Highway 26/Colleyville Boulevard without the need for future re-development.” Mayor Pro Tem Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 5 – Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Nay: 1 – Mayor David Kelly Absent: 1 – Councilmember Carol Wollin 6j Resolution R-14-3825 Approval of a resolution to utilize the Turnback Program as consideration for the full reconstruction of State Highway 26/Colleyville Boulevard Mayor Kelly read Resolution R-14-3825 in its entirety. Mayor Kelly opened the public hearing at 10:41 p.m. David Medlin, 605 Montreux Avenue, spoke in opposition to this request with concerns for the future maintenance of the roadway. Louis Miller, 7802 Tillman Hill Court, filled out a speaker card to speak; however, chose not to speak. The following persons did not wish to speak, but did wish to register their opposition: Steve Sexton, 7001 Whippoorwill Court; Annette Walters, 6215 Theresa Lane; and Bruce Levinson, 7000 Whippoorwill Court. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:43 p.m. Mayor Pro-Tem Taylor stated that he had asked that the Mayor to divide the question. Mayor Pro-Tem Taylor stated that the City had been given the bad choice of the TxDOT Pass-Through Finance program for the section between John McCain Road and Hall-Johnson Road, or the worse choice of the new Turn-Back Program for John McCain Road to Brown Trail, so we have to play the deck of cards we have been dealt. City of Colleyville Page 21 City Council Minutes December 16, 2014 Mayor Pro Tem Taylor stated he could not support the proposed Turn-Back Program for several reasons. Mayor Pro Tem Taylor pointed out that interest rates are at multi-generational lows and that Colleyville has an AAA credit rating which receives the lowest cost for debt issuance. Mayor Pro Tem Taylor pointed out that we do not fully understand the unknown cost of the TxDOT Turn-Back program. Mayor Pro Tem Taylor said that his dad always told him that money does not grow on trees and nothing is ever free. Colleyville currently has no known asset to compare to ownership of SH26 and therefore, no way to know the full financial and liability risk of owning this portion of the highway. Mayor Pro Tem Taylor addressed the claim that the four lane mid-block design was just a "beautification project." Colleyville citizens will not tolerate the Jacksboro highway look, even though great strides have been made to upgrade that image of the highway. Mayor Pro Tem Taylor stated there is the need for the intended benefit of ultimately collapsing the TIF district and letting those tax revenues flow into the General Fund to offset the other infrastructure expenses. Mayor Pro Tem Taylor pointed out that Colleyville's ownership will not change median requirements and attempting to remove them in the future triggers design liability and inflation adjusted project cost. He further stated that the potential lack of political will to reject unsafe curb cuts will increase outside lane friction from excessive curb cuts thus slowing the lane speed. Mayor Pro Tem Taylor stated that since TxDOT has agreed to a 12 year reimbursement once the highway is finished, verses their normal 30-40 year plan, the worst case estimate for the Pass-Through cost of $7,000,000 on a per home/business property (estimated 8,900 properties), over the 14 year bond issue and we walk away from all the previously mentioned concerns, for all time. Mayor Pro Tem Taylor also pointed to the biggest benefit going to the property owners. They will finally be done with the looming question of when the state will reconstruct the road. It will be over, their property values should increase and their properties will not be disturbed if-and-when the additional inside median lanes are added. Mayor Pro Tem Taylor reminded the City Council that they had approved a landscaping standard in 2013 that requires low maintenance, drought tolerant landscaping on all City owned properties and roadways. City of Colleyville Page 22 City Council Minutes December 16, 2014 Mayor Pro Tem Taylor reminded City Council that there's an initiative election in May 2015 because some citizens feel that our 24 foot 2-lane Glade Road handling 13-17,000 per day is sufficient. That is 80 percent of the 21,000 SH26 traffic counts today. Either Glade Road is under designed for the traffic it carries or SH26 with twice the lane capacity of Glade Road will work. You cannot have it both ways. Mayor Pro Tem Taylor thanked the City Council for listening and said he would like to hear the thoughts of the other members. Councilmember Mogged stated the financials are just a piece of it; however, we want TxDOT to construct the six lanes, but there may be options if they cannot. He stated this option gives us the ability to govern our own roadway. Mayor Kelly stated if TxDOT is to fund the entire cost of the roadway, then Colleyville does not have to contribute any funding. Councilmember Putnam stated being agnostic as to the financing mechanism, as long as six lanes are constructed now. He added by being agnostic, he means the value is stronger now with the Turn Back Program model. He stated being in favor of the Turn Back option, from day one, if the roadway is constructed at six lanes. Mayor Pro Tem Taylor questioned staff regarding the latest word relative to roadway construction. City Manager Jennifer Fadden replied the current word from the Council of Governments is consistent with what Michael Morris stated on October 28, that if the City Council will take a position supporting the Turn Back Program, COG would work very hard to find the funding for lanes five and six, when it is needed. Mayor Kelly stated the previous resolution is to abandon the four lanes chosen to be constructed, which was approved a year and a half ago. Councilmember Putnam stated he requested City Council to vote on a resolution to encourage TxDOT to build out to six lanes, today, at their cost. Mayor Pro Tem Taylor stated not being in support of future generations having the responsibility of the cost for the maintenance of the roadway. He added that he felt the Turn-Back program “kicks the can down the road” and he did not feel that was in the best long-term interest of the future Colleyville taxpayers. Mayor Kelly stated funding is currently in place from Hall-Johnson Road to Brown Trail for a four lane design. He stated the unfunded portions are Sections II and III, which can be completed together, if funding can be found, with a four lane design. City of Colleyville Page 23 City Council Minutes December 16, 2014 Mayor Kelly asked City Council if they are going to consider mechanisms to fund the unfunded portion of roadway, with a four lane design, or are they going to abandon the four lane design. He stated the redesign of the plans would be at a cost to the City. Councilmember Putnam stated he supports the abandonment of the four lane design. Mayor Pro Tem Taylor stated he believed that simply urging TxDOT to do it is not demanding them to do it. He stated he wants to remain on TxDOT’s list for the call for projects. Mayor Kelly stated he needed clarification if the previous resolution is a change in philosophy or an urge for funding to move to the full six lanes. Mayor Pro Tem Taylor stated it will depend on the meaning of the word urge. He point out that the City can request the additional two inside median lanes in the annual RTC call for projects. Mayor Pro Tem Taylor stated the first resolution means all of the roadway is to be built, but the second resolution means how it is going to be funded. Mayor Kelly asked Mayor Pro Tem Taylor if this means today, or when additional funds become available. Mayor Pro Tem Taylor replied he thinks we need to remain on the list by urging TxDOT to move forward. Mayor Kelly stated the plans are in place to let the project now; however, questioned whether we are now abandoning those plans. Mayor Pro Tem Taylor replied he is not abandoning them. Councilmember Putnam asked Mayor Kelly if those plans were actually being contemplated in a way that they were designed for that future expansion. Mayor Pro Tem Taylor and Mayor Kelly stated there are no construction documents in place. Councilmember Putnam stated this is the time to get it right, not ten years from now. Councilmember Mogged asked Mayor Kelly if there is going to be that much of a delay in moving from a four lane construction to a five or six lane construction. Mayor Kelly explained if the philosophy is changing from four to six lanes, the plans will need to be modified. Councilmember Short stated we are asking them to construct six lanes; however, if they come back and say no, then we will move forward with the current plans. City of Colleyville Page 24 City Council Minutes December 16, 2014 Councilmember Putnam stated another vote would have to be taken, if we are moving back to the four lanes. Mayor Kelly stated there is no clarification about that. Councilmember Putnam stated it cannot be assumed that those of us who support a six lane project, will support a four lane project, if TxDOT does not move forward with the six lane construction. Councilmember Mogged stated these resolutions are not the end of the story, there will clearly need to be another vote. Councilmember Putnam stated he would not support the Turn Back Program with four lanes. Mayor Kelly stated the Turn Back Program was an option to be used to fund the unfunded Sections II and III. Mayor Kelly asked City Council if they would be willing to move forward if TxDOT states there is no funding in place to construct the six lanes. Councilmember Hart stated he thought the previous resolution was urging the state to construct the six lanes; however, it did not close the option of constructing four lanes. Councilmember Short concurred, if they find the money, we would be happy to have six lanes. Councilmember Putnam stated if their funding options have changed, this is an opportunity for them to reconsider the construction, and how it is funded. He stated they can still say “no” to our request. Mayor Kelly questioned if NCTCOG does not have the money, whether City Council is clear to move forward with the four lane construction. Councilmember Putnam disagreed. Mayor Pro Tem Taylor stated it seems more of us are in favor of moving forward, but we are “urging” them to fund it all. Councilmember Mogged questioned staff regarding if they are clear as to what to negotiate with COG. City Manager Jennifer Fadden replied she believed so. Councilmember Putnam asked City Council if COG cannot fund all of the construction, can we have another discussion about this. Mayor Kelly stated there were many discussions and City Council moved forward with the four lane construction. Councilmember Putnam stated he understands there is something different under discussion today. Councilmember Mogged moved to approve Resolution R-14-3825. Councilmember Short seconded the motion. Mayor Kelly stated, for clarification, that if COG cannot fund six lanes, then the four lane construction project stands. Councilmember Short stated he did not want COG to believe that we urge them to construct six lanes, but if they do not want to, then we will take the four lane construction project instead. Councilmember Putnam stated it would be like we urge them, but not really. City of Colleyville Page 25 City Council Minutes December 16, 2014 Mayor Kelly stated TxDOT stated the necessity for six lanes is not there today, but four lanes could be constructed, with a median, so that the six lanes could be finished, in the future. Councilmember Putnam stated this is not a transportation project; therefore, it can be made into a transportation project, or do nothing. The motion to approve carried by the following vote: Aye: 4 - Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Nay: 2 – Mayor David Kelly and Mayor Pro Tem Taylor Absent: 1 – Councilmember Carol Wollin 6k Resolution R-14-3826 Approval of a resolution approving a License Agreement with Dallas Area Rapid Transit (DART) for the Cotton Belt Trail, and authorizing the city manager to execute the agreement Mayor Kelly read Resolution R-14-3826 in its entirety. Mayor Kelly opened the public hearing at 11:42 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 11:42 p.m. Mayor Pro Tem Taylor moved to approve Resolution R-14-3826. Councilmember Hart seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no discussion of this item. 8. REPORTS Monthly Financial Report - November 2014 City of Colleyville Page 26 City Council Minutes December 16, 2014 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR December 16, 2014 - Reading and Public Hearing -Resolution R-14-3827 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Councilmember Putnam moved to adjourn, and Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: 1 – Councilmember Carol Wollin Mayor Kelly adjourned the City Council meeting at 11:43 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 6TH DAY OF JANUARY 2015. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 27