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HomeMy WebLinkAboutCity Council-Minutes-1/6/2015 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, January 6, 2015 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion and overview of Code Enforcement PC-2 Discussion and overview of Economic Development Incentives Guidelines and Criteria PC-3 Discussion of the January 6, 2015, 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 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager City of Colleyville Page 1 City Council Agenda January 6, 2015 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: Darren Lee, Counselor in Bishopric, Church of Jesus Christ of Latter-day Saints, Colleyville 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-15-3828 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 service to a City Board, Commission, or Committee Proclamation in recognition of Randy Bright, the 2014 Employee of the Year - Mayor David Kelly 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3829 4a Approval of the minutes of the regular City Council meeting of December 16, 2014 5. ORDINANCE(S): CONTINUED READING AND PUBLIC HEARING 5a 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 City of Colleyville Page 2 City Council Agenda January 6, 2015 5b 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-15-1946 Approval of the adoption of the City of Colleyville Water Conservation and Drought Contingency Plan, 2015 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-15-3830 Consideration of a waiver request to amend Trail 36 of the Parks and Trails Master Plan 7b Resolution R-15-3831 Consideration of a waiver request to the sidewalk requirement on Lot 1, Block D, of The Legacy subdivision located in the 800 block of Lavaca Trail, Case GC14-021 7c Resolution R-15-3832 Approval of a combination preliminary/final plat on Lot 1, Block 1, of the Lavaca Trail Addition; Lot 1, Block 1, of the Miller Addition; Lot 1, Block 1, of the Lancaster Hill Addition; Lot A, of the Giacomini Addition; and Tract A and Tract B, of the McEwing Subdivision, located at 711, 715, 805, 809, 813, and 901 Lavaca Trail, Case PC14- 025 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Architectural Review Commission Meeting Minutes - May 5, 2014 City of Colleyville Page 3 City Council Agenda January 6, 2015 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 6, 2015 - READING AND PUBLIC HEARING - RESOLUTION R-15- 3833 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, January 2, 2015 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, January 6, 2015 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on January 6, 2015, at 5:43 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Tom Hart ABSENT: Councilmember Chris Putnam 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, Lieutenant Hillary Wreay, 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, Project Engineer Adam Marsh, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. PC-1 Discussion and overview of Code Enforcement Police Chief Mike Holder presented this item and briefed the City Council. Councilmember Mogged questioned staff regarding if the updates in the fencing regulations have been well received. Chief Holder replied yes, but fencing issues are not one of the common code violations. He stated the updates have helped in keeping the fences in good order. Mayor Pro Tem Taylor questioned staff regarding if businesses are treated differently relative to code enforcement. Chief Holder replied there are no differences, unless there are different ordinances specific to those properties, such as a PUD (Planned Unit Development). He stated they are consistent and fair across the board. Mayor Pro Tem Taylor questioned staff regarding if other departments work together to ensure ordinances are followed. Chief Holder replied yes, and added that the police department is active in the development review process, and has been since 2010. He used the example of the police department’s role in the review process of a package store zoning application. City of Colleyville Page 1 City Council Minutes January 6, 2015 Mayor Pro Tem Taylor questioned staff regarding if some of the code violation notifications are called in by citizens, in other words, these instances are citizen driven. Chief Holder replied yes, Colleyville has an active citizenry, and the police department strives to have great relationships with them too. Mayor Kelly encouraged citizens to call in, anytime something does not seem right, since there is only one code enforcement officer to cover the entire City. Councilmember Hart questioned staff regarding if the online requests go to some email box within the City. Chief Holder and Lieutenant Wreay replied there is an online system in which all requests are tracked for code enforcement. PC-2 Discussion and overview of Economic Development Incentives Guidelines and Criteria Economic Development Director Marty Wieder presented this item and briefed the City Council. Councilmember Wollin questioned staff regarding if two businesses, located next to each other, would have to contribute twice the amount in the grant. Director Wieder replied no, but they would have to be in agreement before bringing in the application. He added City Council can certainly consider other funding amounts in those situations, if they deemed it necessary. Mayor Kelly concurred, there would need to be some coordination done within the businesses. Councilmember Mogged stated the smaller facilities will benefit from this the most. He stated having the City pay up to a certain amount, and then split the cost, may help to encourage the smaller businesses, which may solve most of the potential mobility problems. Mayor Kelly stated we should be proactive before the roadway construction begins. Director Wieder concurred, and explained the meetings that have been held with Public Works, Economic Development, and business owners relative to the options for this grant and others. Mayor Kelly stated this would be a guideline; however, there may be special circumstances to consider. Councilmember Hart stated it could be a win-win situation. Mayor Kelly stated there are some who may not understand the current situations; however, City staff does understand some of those potential issues and may have a way in which to address it. City of Colleyville Page 2 City Council Minutes January 6, 2015 Councilmember Short stated this is a great idea, and getting out prior to roadway construction is even better. Mayor Pro Tem Taylor questioned staff regarding if we would be doing this work before the roadway construction begins. Director Wieder replied yes, that could be the case. He added the shared access would be created before the roadway construction would take place. Mayor Kelly stated there would be nothing done that would need to be torn up, or out, due to the roadway construction. Mayor Pro Tem Taylor stated this may help alleviate the median issues, connectivity, or circulation. He then questioned staff regarding if City Council will have final say. Director Wieder replied yes. City Manager Jennifer Fadden explained this would be outside of the right-of-way. Mayor Kelly stated staff is working through some problematic areas where this might help to relieve those issues. Mayor Pro Tem Taylor stated there are points where this will help keep traffic moving. Mayor Pro Tem Taylor stated he had initial concerns about having something done, and then it be torn out during the roadway construction. Director Wieder replied that was not the plan. Councilmembers concurred with the proposed guidelines. PC-3 Discussion of the January 6, 2015, City Council regular agenda items Mayor Kelly stated agenda item 5b has asked for a continuance. He stated agenda items 7a, 7b, and 7c are all related and interconnected. Mayor Kelly adjourned the Pre Council meeting at 6:21 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:33 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Tom Hart ABSENT: Councilmember Chris Putnam City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Executive Director of Development and Infrastructure Chris Fuller, City of Colleyville Page 3 City Council Minutes January 6, 2015 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, Communications and Marketing Director Mona Gandy, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. 1. EXECUTIVE SESSION - In accordance with Texas Government Code, Chapter 551, Subchapter D 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 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Kelly explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, Section 551.074 Personnel, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 6:21 p.m. and reconvened at 6:22 p.m. The regular meeting was adjourned at 11:02 p.m. The Executive Session was reconvened at 11:06 p.m., and adjourned at 11:19 p.m. City of Colleyville Page 4 City Council Minutes January 6, 2015 INVOCATION: Darren Lee, Counselor in Bishopric, Church of Jesus Christ of Latter-day Saints, Colleyville 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-15-3828 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 encouraged citizens to participate in the annual Colleyville Police Academy. He explained the applications are being accepted from now until Friday, January 16, 2015, for the 12-week class which runs on Thursday evenings, beginning February 5 through April 23, 2015. He added the interactive program offers demonstrations in various police operations, including building searches, traffic enforcement, and forensic evidence. He further added a police ride-along is part of the curriculum. In recognition of service to a City Board, Commission, or Committee Mayor Kelly recognized Alan Greer, Suzanne Hughes, and Carel Tornes for their service to a City board, commission, or committee. All expressed their appreciation for the acknowledgement of their service. Proclamation in recognition of Randy Bright, the 2014 Employee of the Year - Mayor David Kelly Mayor Kelly presented Randy Bright, with a proclamation recognizing him as the 2014 Employee of the Year. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3829 4a Approval of the minutes of the regular City Council meeting of December 16, 2014 Mayor Kelly read Resolution R-15-3829 in its entirety. Mayor Kelly opened the public hearing at 7:44 p.m. City of Colleyville Page 5 City Council Minutes January 6, 2015 There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:44 p.m. Mayor Pro Tem Taylor moved to approve Resolution R-15-3829. 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 Carol Wollin, Chuck Mogged, Jody Short, and Tom Hart Absent: 1 – Councilmember Chris Putnam 5. ORDINANCE(S): CONTINUED READING AND PUBLIC HEARING 5a 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 stated he would like to clarify that the applicant has not proposed a shared parking agreement with the adjacent high school for City Council to consider. Mayor Kelly opened the public hearing at 7:48 p.m. Santos Martinez, representing Icon Lodging, applicant, presented this item and briefed the City Council. David Medlin, 605 Montreux, Colleyville, spoke in opposition of this request expressing concerns for the height of the building. Aaron Siddique, 1502 Royal Lane, Colleyville, spoke in support of this request. Julia Barth, 4810 Shadywood Lane, Colleyville, spoke in support of this request. City of Colleyville Page 6 City Council Minutes January 6, 2015 Elizabeth Zeitlin, 1800 Glade Road, Colleyville, spoke in opposition to this request with concerns for this particular request on this piece of property, and stated having further concerns the hotel will have issues staying open. Jeff Lowery, 5250 Highway 121, La Hacienda Restaurant Colleyville, spoke in opposition to this request with concerns for height of the building, parking, and traffic. Bruce Williams, 5250 Highway 121, La Hacienda Restaurant Colleyville, spoke in opposition to this request with concerns for the location of the hotel next to the school, especially with the noise from the band when it is practicing, parking, the proposed location, and the possibility of failure of the hotel brand. Tom Whelan, 121 Compadres Ltd., La Hacienda Restaurant Colleyville, spoke in opposition to this request with concerns for the height and size of the building, parking, and fencing adjacent to the restaurant. He added the applicant should have to finish out the access drive to the north. Alexis Georgiadis, 5250 Highway 121, La Hacienda Restaurant, Colleyville, spoke in opposition to this request with concerns for this particular use and the effect it will have on his business; safety of the children; and the size of the proposed building. He stated that he felt all members of the City Council should be present for the voting of this request. Tim Kenney, 2902 Highgrove Court, Colleyville, spoke in opposition to this request with concerns for the height of the building, traffic, increase in crime, and safety of the children in proximity to the proposed request. Bobby Lindamood, 4913 Jim Mitchell Trail W., Colleyville, spoke in opposition to this request with concerns for the hotel use, the building height, the waivers that are being requested, and parking. He stated this is not the right spot for a hotel. Kristin Shawver, 4105 Beacon Hill Court, Grapevine, spoke in opposition to this request with concerns for the hotel use on this property, and for the safety of the children who attend the high school. Julie Glenn, 2901 Highgrove Court, Colleyville, spoke in opposition to this request with concerns for the windows on the building that face the ball fields and parking lot; safety and crime; traffic; access to the hotel; waiver requests being proposed; and height of the building. Carolyn Ann Walgren, 1925 Waterford Drive, Grapevine, spoke in opposition to this request with concerns for parking, safety for the students at the high school, increased traffic, and increased crime. City of Colleyville Page 7 City Council Minutes January 6, 2015 Dallas Cothrum, 900 Jackson Street, Dallas, spoke in support of this request. Louis Miller, 7802 Tillman Hill Court, Colleyville, stated he was not speaking in support of or against this item. He stated the citizens of Colleyville want to keep their taxes low; and, commercial businesses help keep those taxes low. He stated if a hotel is not approved, there may not be an opportunity to have a hotel locate in Colleyville. The following persons did not wish to speak, but did wish to register their opposition: Tom and Maryann McDonald, 705 Sabel Ridge Lane, Grapevine; Susan and Jason Baum, 2302 Danbury Drive, Colleyville; Mary Mills, 1931 Stafford Road, Grapevine; Cali Franks, 1933 Stafford Road, Grapevine; Deborah Ryan, 2305 Danbury Drive, Colleyville; Stacey M. Brewer, 3008 Meadowview Court, Colleyville; Mary B. Shipferling, 4300 Pembrooke Parkway, Colleyville; David Frazier, 3405 Fox Meadows Drive, Colleyville; Pete Wurst, 3402 Huntington Drive, Colleyville; Barry and Rachel Lane, 5105 Heatherdale Drive, Grapevine; and Angie Losack, 2712 Whitley Lane, Grapevine. The following persons did not wish to speak, but did wish to register their support: Matthew J. Money, 2803 Shenandoah Place, Colleyville; and Kathy Hadley, 204 N. Timberline, Colleyville. There were no others wishing to speak and Mayor Kelly closed the public hearing at 9:07 p.m. Mayor Kelly questioned staff regarding the CC-2 zoning district, asking if by right, in this zoning district, is a hotel allowed and can it be a maximum of four stories in height. Director Ruthven replied yes. Mayor Kelly further questioned if the CC-2 zoning required buildings with windows to have a 15-foot side yard setback, but buildings without windows may be placed at the property line. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if the minimum front setback is 40 feet. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if there is a 20 percent landscape requirement. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if screening or fencing is required. Director Ruthven replied no. Mayor Kelly questioned staff regarding if the quality of construction material requirements of the Land Development Code must be followed. Director Ruthven replied yes. City of Colleyville Page 8 City Council Minutes January 6, 2015 Mayor Kelly questioned staff, for clarification, that the applicant’s variance requests are: (1) the height of the building, to 66 feet, five stories; (2) removal of the required restaurant outlined by the Land Development Code; and (3) the 50 percent tree canopy of the tree preservation requirements. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if the side setback of 39 feet would be codified in the ordinance. Director Ruthven replied it would not be codified in the ordinance, since the fire lanes are a requirement of the fire code. He stated it would have to be consistent with the site plan. Mayor Kelly questioned staff regarding if the site plan indicates an 82 foot setback. Director Ruthven replied yes. Mayor Kelly stated the code only require a 66 foot setback. Director Ruthven concurred. Mayor Kelly questioned staff if the applicant is proposing to place an eight foot decorative screening fence along the western property line, and a six foot wrought iron fence, with an emergency opticom gate, along the south property line. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if the applicant has requested any waivers to any quality standards listed in the Land Development Code. Director Ruthven replied the only additional waiver request is to the open space requirement to have 50 percent of the open space in the front street yard. Mayor Kelly clarified that this is similar to the property with the adjacent restaurant. Mayor Pro Tem Taylor questioned staff regarding how four stories can be achieved in a 35 foot tall commercial building. Director Ruthven replied the Land Development Code allows four stories; however, it caps the maximum height of the building at 35 feet. Mayor Kelly stated it is at the discretion of City Council to grant a waiver to the height requirement. Mayor Kelly questioned staff regarding the height of the adjacent school. Director Ruthven replied there is a part of the high school that reaches 60 feet in height; however, the average height of the school buildings is 48 feet. Mayor Kelly questioned staff regarding if the school was required to request a variance to the height. Director Ruthven replied no, institutional uses are allowed a higher height on the buildings. Councilmember Wollin stated Colleyville does need a hotel and would benefit by having one. She stated she is very pleased with the Hampton Inn brand. She City of Colleyville Page 9 City Council Minutes January 6, 2015 stated the applicants are experienced. She stated it is much easier to walk to eat at a restaurant. She stated parking can become a problem, but with the decrease in the number of rooms, there are enough parking spaces to meet the code requirements. She stated she is struggling with the location and height of the building; therefore, she could not give a 100 percent positive approval at this time. Mayor Kelly questioned Mr. Santos regarding the parking, specifically for large truck and trailer parking. Mr. Santos replied they have an agreement with the owner of the vacant Mac’s restaurant to park oversized vehicles on their lot and shuttle their guests back to the hotel. Councilmember Short questioned Mr. Santos regarding the practicing of the band, and whether it would be an issue. Mr. Santos replied they feel confident their design allows for the mitigation of noise, such as the high school band and highway traffic. He added there are no rooms against the rear of the building, adjacent to the school parking lot. Mayor Kelly stated although a hotel is allowed by right with the current zoning district; this request does allow City Council to have an input in the design of the proposed site. Mayor Kelly stated having some concerns about being next to the school; however, the eight foot masonry wall does help block access to the school. He stated there are additional concerns for additional crime or criminal mischief; however, there are some preventive measures being put in place to mitigate these concerns. Councilmember Hart stated having concerns about the location and height of the building. Mayor Pro Tem Taylor stated this is the best location for a hotel since it is off of the freeway. He stated not having an issue with the height of the building. He stated the proposed hotel brand works. He stated having a concern for a lower quality brand being built, by right, without any approval. He stated the restaurants in the area will benefit from the customers of this hotel. He stated if there were criminal elements associated with this hotel, it would kill the brand name. He stated the price point itself will keep the criminal element away. He stated the greater threat of criminal activity is the freeway itself. Mayor Kelly asked Mr. Martinez if they are willing to reduce the height of the building. Mr. Martinez replied the footprint and design is at the tightest it can be for the Hilton/Hampton Inn brand. He stated there are quality valued features they have in place in the design, such as fresh air; therefore, the mechanical equipment cannot be put on the ground. He stated they believe they could lose City of Colleyville Page 10 City Council Minutes January 6, 2015 another foot in the design, without compromising the quality and features. He stated the actual guest rooms are actually lower in height than the high school, as the roof of the hotel would be at 58 feet, but the required screening of the mechanical equipment goes to 66 feet. He stated they had discussions with the La Hacienda; however, the meetings were not productive. Mayor Kelly questioned staff regarding if the high school has mechanical units on the top of their buildings. Director Ruthven replied he did not know. Mayor Kelly questioned staff regarding if there are other buildings that have non- screened mechanical units on top of the buildings. Director Ruthven replied only buildings constructed before that standard was put in place. He stated that in the case of the building that houses Whole Foods, the mechanical was not required to be screened; however, since the remodel for Whole Foods, the mechanical units were required to be screened. Mayor Kelly questioned staff regarding the purpose for the screening of the mechanical units. Director Ruthven sited the specific language from the Land Development Code, “All roof mounted mechanical equipment and parapet wall structural supports shall be screened from view.” He stated the code has been enforced by what can be viewed from the road. Mayor Kelly questioned staff regarding if screening can be a fence around each unit versus the entire building perimeter. Director Ruthven replied staff required a masonry screening element for the Whole Foods building. He stated there is specific language in the Land Development Code for buildings over 40,000 square feet in size that requires the screening elements mirror the architectural elements of the building itself. Mayor Kelly asked City Council about the height concern. Councilmember Wollin stated it is much higher than the surrounding buildings, even if the topography is lower for the high school. She stated since this item requires a supermajority vote, she would like to continue this item until all City Councilmembers are present. Mayor Kelly questioned Mr. Lowery regarding if there is an opportunity to work with this applicant to make this a win-win situation. Mr. Lowery replied he believed so. He stated they would prefer the building be moved 20 feet north, and have a sound-proof wall installed between the two properties. Mayor Kelly questioned Mr. Lowery regarding if they would be willing to work with this applicant and the proposed fire lane, maybe to share the fire lanes. Mr. Lowery stated he would not be willing to say, at this time. City of Colleyville Page 11 City Council Minutes January 6, 2015 Mr. Georgiadis stated he would not be willing to give up part of La Hacienda’s property. He stated there was an option, with the neighbor to the north, to create a fire lane on that property. Mayor Kelly stated there have been numerous meetings with that property owner; however, she is not willing to sell any of her property. Councilmember Mogged questioned Mr. Georgiadis regarding what difference it makes to this restaurant if there is a four or five story building. Mr. Georgiadis stated the height of the building will dampen the ambiance of the restaurant. He stated the parking lot lighting, and headlights will have an effect on that as well. He stated the visibility of the restaurant will be impacted as well due to any future landscaping. Councilmember Mogged questioned Mr. Georgiadis regarding the bar or patio areas. Mr. Georgiadis stated the bar area would not be visible; however, the dining room seating will be effected by the light pollution from the hotel traffic. Councilmember Mogged questioned Mr. Georgiadis regarding if foliage would provide adequate screening. Mr. Georgiadis replied it would be better; however, part of the issue is sound. He stated we should have a masonry wall. Mayor Kelly stated if a restaurant were adjacent to the existing restaurant, there may be parking pointing directly into that dining room area. Mr. Georgiadis stated they would screen it at that point. Mayor Kelly stated they will not have to screen it now. Mr. Georgiadis stated he understands this conversation would not be taking place had the applicant not been requesting variances. Mayor Kelly questioned Mr. Georgiadis regarding what if a hotel is constructed that meets the City’s code, but it is not a higher quality brand. Mr. Georgiadis stated the City does have to issue an operator license. Mayor Kelly stated the City cannot control the brand. Mr. Georgiadis stated being willing to take that risk. He stated he does not believe the owner of the property will put in a lower grade hotel. Mayor Kelly stated he understood that La Hacienda currently uses the vacant restaurant parking lot to the south for their overflow parking. Mr. Georgiadis stated they have always had an understanding with the property owner. He added, in general, they do not have truck and trailer parking at the restaurant. Mayor Kelly stated a codified parking agreement could come at a later time. Mr. Georgiadis stated there are details that are still missing. Mayor Kelly questioned Mr. Georgiadis regarding if there is a willingness to work with the applicant. Mr. Georgiadis stated they originally had a willingness to work City of Colleyville Page 12 City Council Minutes January 6, 2015 with the applicant; however, the applicant has not approached them recently. He added he hoped City Council would not approve this request. Mayor Pro Tem Taylor questioned Mr. Georgiadis regarding why he has an issue with the customers of the hotel using his restaurant. Mr. Georgiadis stated not having an issue with the customers; however, the overwhelming height of the building dwarfs his restaurant. Mayor Pro Tem Taylor stated lighting issues can be addressed. Mr. Georgiadis stated 66 feet in height is still too high. He stated a building, more than twice the size of the adjacent property, dwarfs the existing buildings. Mayor Kelly questioned staff regarding if there are light shielding standards. Director Ruthven replied not in the Land Development Code or in this ordinance; however, there have been other ordinances in which lighting standards have been addressed. Mayor Pro Tem Taylor questioned Mr. Cothrum regarding if the ground floor is the only thing lit at night. Mr. Cothrum replied a photometric plan can be done, but they have to have enough light for safety. He stated there could be some more site planning done for lighting to work with this neighbor. Mayor Pro Tem Taylor questioned Mr. Cothrum regarding why a lower, in height, building cannot be built, and still have a high quality hotel. Mr. Cothrum replied without the number of rooms, Hilton/Hampton Inn will not let the number of rooms decrease. He stated they could have done lower with a different layout; however, the property does not allow for such. Mayor Pro Tem Taylor questioned Mr. Cothrum regarding why they are limiting themselves to the Hampton Inn brand. Mr. Cothrum replied the market studies are dictating the brand. Mayor Kelly questioned staff regarding if there is an opportunity to work with making the fire lane to the north similar to the restaurant fire lane. Director Ruthven replied the 24-foot fire lane must surround the building, given the height of the building. Fire Chief Brian Riley concurred. Mayor Kelly stated this item may be continued, so that the applicant and property owners can meet. Councilmember Short stated it appears there are issues the property owners are willing to work through. Councilmember Wollin stated she would like all Councilmembers to be present. Mayor Kelly questioned Mr. Santos regarding if another month would benefit the applicant to meet with the adjacent property owner to work through some of these issues. Mr. Santos stated being happy to continue this conversation; however, he City of Colleyville Page 13 City Council Minutes January 6, 2015 feels confident in their design, given there have been several revisions to the original request. He stated the ultimate goal is to start this project off on the right foot. Mayor Pro Tem Taylor asked City Council why they want to continue this in a month. He stated wanting to move forward with this at the next meeting. Mayor Kelly stated he thought he heard someone wanted to give them another month. Mr. Santos stated being good with having this come back at the next meeting. Mayor Kelly moved to continue Ordinance O-14-1942 to the January 20, 2015 City Council meeting with a public hearing. Councilmember Hart seconded the motion. The motion to continue carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Tom Hart Absent: 1 – Councilmember Chris Putnam Mayor Kelly recessed the meeting at 10:19 p.m. Mayor Kelly reconvened the meeting at 10:30 p.m. 5b 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 explained the applicant has requested this item be continued to the January 20, 2015 meeting. Although this item was continued to the January 20, 2015 meeting, and a public hearing was not held during this meeting, the following persons filled out speaker cards. In support: Brian Luker, 5204 Fox Trail Lane. In opposition: Keenan Roach, 3504 Fox Meadows Drive; Richard Bangs, 3509 Fox Meadows Drive; Pete Wurst, 3402 Huntington Drive; Shirly Thompson Gillaspie, 3511 Fox Meadows Drive; Gary Evans, 5201 Bugle Lane; Lorrine Evans, 5201 Bugle Lane; Julie Sullins, 3304 Fox Glen; Doris M. King, 3506 Fox Meadows Drive; David Frazier, 3405 Fox Meadows Drive; Armida R. Wilson, 3404 Fox Meadows Drive; Raymond and Christine Andrae, 3510 Fox Meadows Drive; and William Munsell, 3302 Fox Glen Drive. City of Colleyville Page 14 City Council Minutes January 6, 2015 Mayor Kelly moved to continue Ordinance O-14-1943 to the January 20, 2015 City Council meeting. Mayor Pro Tem Taylor seconded the motion. The motion to continue carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Tom Hart Absent: 1 – Councilmember Chris Putnam 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-15-1946 Approval of the adoption of the City of Colleyville Water Conservation and Drought Contingency Plan, 2015 Mayor Kelly read the caption of Ordinance O-15-1946. Public Works Director Bob Lowry presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 10:34 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:34 p.m. Councilmember Mogged questioned staff, for clarity, regarding Stage 2 watering restrictions. Director Lowry replied Stage 2 allows one day a week watering, with there being four, no watering days, with this stage. Councilmember Mogged questioned staff regarding how the communication plan will be given to the citizenry. Director Lowry replied he will be working with Communications and Marketing Director Mona Gandy to ensure all methods of communication are used, with the February newsletter going out in the water bills as the primary document to notify the citizens. Councilmember Wollin stated she would like to see something similar to the previous, very effective, and memorable, marketing campaign. Directors Lowry and Gandy replied yes. This was a first reading; therefore, City Council did not take any action. City of Colleyville Page 15 City Council Minutes January 6, 2015 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-15-3830 Consideration of a waiver request to amend Trail 36 of the Parks and Trails Master Plan Mayor Kelly read Resolution R-15-3830 in its entirety. Parks Manager James Hubbard presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 10:42 p.m. Kosse Maycus, applicant and developer, presented this item and briefed the City Council. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:45 p.m. Councilmember Wollin stated she liked the preservation of trees and the meandering of the trail through the trees. Councilmember Mogged concurred, and stated there are sidewalks throughout the development. Councilmember Wollin moved to approve Resolution R-15-3830, Councilmember Mogged seconded the motion. Mayor Pro Tem Taylor questioned staff, for clarification, regarding the trail width. Manager Hubbard replied the Covington Addition trail, to the south, was amended to be six feet; however, the open space lot contains an eight foot trail. He stated The Legacy subdivision trail will only be six feet in width. The motion to approve carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Tom Hart Absent: 1 – Councilmember Chris Putnam 7b Resolution R-15-3831 Consideration of a waiver request to the sidewalk requirement on Lot 1, Block D, of The Legacy subdivision located in the 800 block of Lavaca Trail, Case GC14-021 Mayor Kelly read Resolution R-15-3831 in its entirety. City of Colleyville Page 16 City Council Minutes January 6, 2015 Development Engineer Adam Marsh presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 10:51 p.m. Kosse Maycus, applicant and developer, presented this item and briefed the City Council. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:52 p.m. Mayor Kelly asked staff if this is the appropriate thing to do, even though staff’s recommendation is denial. Engineer Marsh replied yes. Councilmember Short questioned Mr. Maycus regarding the sidewalks along the entry into the subdivision, asking if they are necessary given the trail access to Lavaca Trail? Mr. Maycus replied he would prefer to eliminate those sections, given the subdivision will be gated. He stated there will be public access through the fencing for the trail. Mayor Kelly questioned staff regarding if the removal of the sidewalk would be staff’s recommendation. Engineer Marsh replied yes. Councilmember Short moved to approve Resolution R-15-3831 with the amendment to the omission of the four foot sidewalk along both sides of the entrance to the subdivision. 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 Carol Wollin, Chuck Mogged, Jody Short, and Tom Hart Absent: 1 – Councilmember Chris Putnam 7c Resolution R-15-3832 Approval of a combination preliminary/final plat on Lot 1, Block 1, of the Lavaca Trail Addition; Lot 1, Block 1, of the Miller Addition; Lot 1, Block 1, of the Lancaster Hill Addition; Lot A, of the Giacomini Addition; and Tract A and Tract B, of the McEwing Subdivision, located at 711, 715, 805, 809, 813, and 901 Lavaca Trail, Case PC14-025 Mayor Kelly read Resolution R-15-3832 in its entirety. City of Colleyville Page 17 City Council Minutes January 6, 2015 Community Development Director Ron Ruthven presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 10:58 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:58 p.m. Mayor Pro Tem Taylor asked staff if the approval of this plat is amended per the approval of the previous two resolutions. Director Ruthven replied no, the plat already has a reduced trail easement. Mayor Kelly stated the plat does not contain the trails, only easements. Director Ruthven concurred. Mayor Kelly moved to approve Resolution R-15-3832, 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 Carol Wollin, Chuck Mogged, Jody Short, and Tom Hart Absent: 1 – Councilmember Chris Putnam 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Bobby Lindamood, Jr., 4913 Jim Mitchell Trail W., stated the citizens do care about their City. He stated having concerns for the proposed truck and trailer parking at the former Mac’s restaurant. He stated there are a lot of hotels in the area that are two and three stories in height and that are successful. Kathy Hadley, 204 N. Timberline, filled out a speaker card for this item, but left the meeting prior to this item. 9. REPORTS Architectural Review Commission Meeting Minutes - May 5, 2014 There was no discussion regarding this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 6, 2015 - READING AND PUBLIC HEARING - RESOLUTION R-15-3833 City of Colleyville Page 18 City Council Minutes January 6, 2015 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Kelly moved to adjourn, and Mayor Pro Tem Taylor seconded the motion. The motion to adjourn carried by the following vote: Aye: 6 – Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Jody Short, and Tom Hart Absent: 1 – Councilmember Chris Putnam Mayor Kelly adjourned the City Council meeting at 11:02 p.m., and reconvened the Executive Session at 11:06 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 20TH DAY OF JANUARY 2015. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 19