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HomeMy WebLinkAboutCity Council-Minutes-1/20/2015 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, January 20, 2015 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Update and discussion of the Crime Report PC-2 Update and discussion of the gas well site and pipeline regulations PC-3 Discussion of the January 20, 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 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City of Colleyville Page 1 City Council Agenda January 20, 2015 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Associate Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. OATH OF OFFICE - Sam Stacy, Mayor for a Day 3. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-15-3834 4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Sam Stacy, Mayor for a Day - Mayor David Kelly Proclamation declaring January 23, 2015, "Thank a Teacher Day" at Colleyville Elementary School - Colleyville Elementary School Principal Shelia Shimmick - Mayor for a Day Sam Stacy Proclamation recognizing the Grapevine Colleyville Youth Football Association's MP Black Team and their achievements - Mayor for a Day Sam Stacy and Mayor Kelly In recognition of Colleyville's featured business - Ruggeri’s - 32 Village Lane, Suite 100 - Mayor David Kelly and Economic Development Director Marty Wieder 5. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3835 5a Approval of the minutes of the regular City Council meeting of January 6, 2015 5b Approval of the minutes of the City Council worksession of January 13, 2015 5c Approval of the use of Voluntary Park Funds for a playground at Pleasant Run Park, in an amount not to exceed $55,000 City of Colleyville Page 2 City Council Agenda January 20, 2015 6. ORDINANCE(S): CONTINUED READING AND PUBLIC HEARING 6a 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 6b 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 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a Ordinance O-15-1946 Approval of the adoption of the City of Colleyville Water Conservation and Drought Contingency Plan, 2015 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-15-3836 Consideration of appointments to the Colleyville Tree Board 8b Resolution R-15-3837 Consideration of appointments to the Park Land Dedication Committee 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS Planning and Zoning Commission Meeting Minutes - December 8, 2014 Monthly Financial Report - December 2014 City of Colleyville Page 3 City Council Agenda January 20, 2015 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 20, 2015- READING AND PUBLIC HEARING - RESOLUTION R-15- 3838 12. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, January 16, 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 20, 2015 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on January 20, 2015, at 5:37 p.m. ROLL CALL: Mayor David Kelly, Mayor for a Day Sam Stacy, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short (at 5:48 p.m.), 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, Lieutenants Scotty Graves and Hillary Wreay, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Parks Manager James Hubbard, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Interim Community Development Director Adam Marsh, 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 Update and discussion of the Crime Report Police Chief Mike Holder presented this item and answered City Council’s questions. Mayor Pro Tem Taylor questioned staff regarding violent crimes against other persons. Chief Holder replied all but two of the violent crimes were cases in which the crime was committed by a family member or someone else known to the victim. He added there is really no stranger-on-stranger crime of a violent nature; family violence makes up a large percentage of these crimes. Mayor Pro Tem Taylor asked staff if, of those ten, the perpetrator was a Colleyville resident. Chief Holder replied yes, the vast majority of them are Colleyville residents. Mayor Kelly questioned staff regarding if some of the builders let us know when they are installing appliances. Lieutenant Graves replied yes. Councilmember Putnam questioned staff regarding the balance between the 26 percent increase in arrest with the 17 percent decrease in crimes. Chief Holder City of Colleyville Page 1 City Council Minutes January 20, 2015 replied the arrests have had an impact on the reduction in crime. He added most arrests were DWI related, which are not Part 1 offenses. Councilmember Putnam questioned staff regarding the DWI arrests, and the increase in such. Chief Holder replied the officers are trained more for these arrests with how to recognize and deal with them. Councilmember Mogged questioned if crashes have increased due to the increase in DWIs and construction issues? Chief Holder replied construction has caused somewhat of an increase; however, distracted drivers have caused an increase in rear-end crashes. He added speed is not necessarily a factor, since most occur on SH26, followed by Glade Road, or intersections leading up to a construction site. Mayor Pro Tem Taylor questioned staff regarding if the in the case when appliances are stolen, are there GPS trackers on them. Chief Holder replied yes, the technology is available. Mayor Pro Tem Taylor stated something like this would be a great benefit, especially while the house is empty. Mayor Kelly questioned staff regarding if it helps when there is previous knowledge of crimes, such as domestic violence. Chief Holder agreed. Mayor Kelly stated the Police Department briefing room contains the information about when the appliances are being installed in certain subdivisions. Mayor Pro Tem Taylor asked staff if the appliances are stolen before or after they are installed. Chief Holder replied both. Mayor Pro Tem Taylor questioned staff regarding the known negatives to the body cameras. Chief Holder replied there are several issues, with most being the infrastructure of the technology; managing the data for open records requests; and privacy may become an issue, especially with such recordings while officers are in a person’s house and informant information. Mayor Pro Tem Taylor asked staff if the recordings could be posted on the website to suffice any open records requests, that way the information is already available. Chief Holder stated he has not seen any city do this. Councilmember Mogged stated there are on-off switches on the body cameras so that certain issues can be controlled. Chief Holder replied some are going both ways, in which everything is recorded, or that they trust their officers, but public input would be necessary to know what is right for Colleyville. Mayor Pro Tem Taylor asked staff if red light camera legislation will have had any bearing on this. Chief Holder replied he believed so; however, legislation has been drafted that every department should have body cameras. City of Colleyville Page 2 City Council Minutes January 20, 2015 Mayor Pro Tem Taylor questioned staff regarding if Colleyville will be doing any field testing. Chief Holder replied if we are only going to use, maybe two or three, field testing will be done as a due diligence. Mayor Pro Tem Taylor stated that would be a precursor to adopting and investing in them. Chief Holder replied if there is going to be a state mandate, then we will have to have a plan in place so that we are ready. Mayor Pro Tem Taylor stated he is not sure legislation is going to address everything. Mayor Kelly agreed. Mayor Pro Tem Taylor stated he would like to be kept abreast of these issues. Chief Holder concurred. PC-2 Update and discussion of the gas well site and pipeline regulations Interim Community Development Director Adam Marsh presented this item and briefed the City Council. Chris Rosckes, Access Midstream, was present to answer questions. Mayor Kelly questioned staff regarding if the wells have to be drilled by November 2015 or just in the process of being drilled. City Manager Jennifer Fadden replied the existing ordinance states all wells, approved by such, are to be drilled by no later than five years from the date of the approval of said ordinance, which is November 2015. Councilmember Mogged questioned staff regarding if the eight foot minimum depth of bury is to the top of the pipeline. Director Marsh replied yes. Mayor Pro Tem Taylor questioned Mr. Rosckes regarding why the west side of the roadway was not considered. Mr. Rosckes replied the east side has the most open space, making it possible to string the pipe in with the least amount of surface damage. Councilmember Short questioned Mr. Rosckes regarding why the northern section of the route is closer to the Colleyville side versus splitting the difference to get the maximum distance away from the homes. Mr. Rosckes replied they are following the existing clear path of the existing sewer line. He stated it is minimizing the clearing of trees. Mayor Pro Tem Taylor questioned Mr. Rosckes regarding if they will be abutting the north side or the Monticello side. Mr. Rosckes replied currently they are only looking at the preliminary data; therefore, the exact location is undetermined. Councilmember Short questioned Mr. Rosckes regarding if trenching will be necessary. Mr. Rosckes replied in some areas. City of Colleyville Page 3 City Council Minutes January 20, 2015 Councilmember Short questioned Mr. Rosckes regarding why not bore entirely. Mr. Rosckes replied there are some areas with a clear path to trench it. Councilmember Short questioned Mr. Rosckes regarding clear in whose mind. Mr. Rosckes replied the existing corridor that is there. Mayor Pro Tem Taylor stated it needs to be bore cut, where it can be done, especially since that neighborhood is already established and those folks are concerned. Mr. Rosckes replied the plan is to bore cut, when it can be done. Councilmember Short questioned Mr. Rosckes if any property in Southlake is going to be used. Mr. Rosckes replied no. Councilmember Short asked Mr. Rosckes why not? Mr. Rosckes replied they want to move south, and Southlake is to the north. Mayor Pro Tem Taylor questioned Mr. Rosckes regarding if they will be going deeper than eight feet. Mr. Rosckes replied it can be deeper than the eight feet in the bore cuts; however, the trench cuts will be eight feet. Mayor Pro Tem Taylor asked Mr. Rosckes if they will be going under the sewer, in some places. Mr. Rosckes replied yes. Mayor Pro Tem Taylor stated there will be a lot better reception from those concerned neighbors if the bore cut is done. Councilmember Mogged agreed. Councilmember Short stated he would like Access Midstream to maximize and equalize the distance away from the homes, regardless of the city limits. Mayor Pro Tem Taylor concurred. Mayor Kelly questioned staff regarding if the right-of-way permits will be like franchise agreements. Director Marsh replied yes. Mayor Kelly questioned Mr. Rosckes regarding what does shut down mean? Mr. Rosckes replied there is pressure protection; therefore, the gas would be shifted down to the compression stations to the south. Councilmember Mogged questioned Mr. Rosckes regarding if the gas is odorless. Mr. Rosckes replied it is whatever is coming straight out of the wells, no odor. Mayor Pro Tem Taylor questioned Mr. Rosckes regarding the lifespan of these pipes. Mr. Rosckes replied he did not know exactly; however, maintenance is scheduled to minimize deterioration. He stated there are pipelines still being used that are 50 years old. City of Colleyville Page 4 City Council Minutes January 20, 2015 Mayor Pro Tem Taylor questioned Mr. Rosckes regarding the wall thickness of the pipes. Mr. Rosckes replied .375 on the smaller end, and ½ inch wall on the bore side. Mayor Pro Tem Taylor questioned Mr. Rosckes regarding when a more detailed property route map will be available. Mr. Rosckes replied as soon as the field data is reviewed, possibly in a month or so the engineered revisions will be ready. Mr. Rosckes added the plats would then be created to approach the property owners. Councilmember Short questioned Mr. Rosckes regarding if the TRA right-of-way exists within the open space. Mr. Rosckes replied the actual sewer line is outside the back yards. Councilmember Short questioned Mr. Rosckes regarding if they plan to stay outside of the back yards. Mr. Rosckes replied he will stay out of the back yards as much as possible; however the flexibility of the boring pipe or stress of the pipe, may require some entry into the back yards. He stated the goal is to be outside of the back yards. Mayor Kelly stated more information will be available in a couple of months. Mr. Rosckes concurred. Mayor Pro Tem Taylor asked staff if the seven other wells will be drilled. Director Marsh replied he did not know. City Manager Jennifer Fadden stated if the wells are not drilled by the November 2015 deadline, they will have to seek additional approval from City Council with a new SUP, or modify the existing. Director Marsh stated the operator has not indicated what they will be doing relative to those wells. PC-3 Discussion of the January 20, 2015, City Council regular agenda items Mayor Kelly stated item 7a would be moved up in the agenda after the consent items. Mayor Kelly adjourned the Pre Council meeting at 7:12 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:45 p.m. ROLL CALL: Mayor David Kelly, Mayor for a Day Sam Stacy, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, Jody Short, and Tom Hart Absent: Councilmember Carol Wollin City of Colleyville Page 5 City Council Minutes January 20, 2015 City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Executive Director of Development and Infrastructure Chris Fuller, Police Chief Mike Holder, Assistant Police Chief Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Parks Manager James Hubbard, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Interim Community Development Director Adam Marsh, 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 551.087 – 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 adjourned at 7:12 p.m. and reconvened at 7:13 p.m. INVOCATION: Associate Pastor Kyle Bauman, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. OATH OF OFFICE - Sam Stacy, Mayor for a Day City Secretary Amy Shelley gave the Oath of Office to Mayor for a Day Sam Stacy. City of Colleyville Page 6 City Council Minutes January 20, 2015 3. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-15-3834 This resolution was not needed. 4. 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 Winter Ball, now in its second year, is scheduled for Friday, January 30, at Colleyville Center, 5301 Riverwalk Drive, 7:00-9:00 p.m. Tickets are $25 per mother/son or father/daughter duo. An additional daughter or son is $10. This event is designed as a celebration of fathers and their daughters, and mothers and their sons. The wintry gala is open to girls and boys, ages 4-12. Young ladies and their fathers or father figures, and young men and their mothers or mother figures are invited to share an evening to remember. A deejay will provide the music, each young lady or young man will receive a special gift, and refreshments will be available. Mayor Kelly encouraged everyone to attend the monthly Coffee with a Cop on January 22, 2015 at 8:30 a.m., at the coffee shop at Market Street. Mayor Kelly announced The 6th Annual State of the City meeting will be held Thursday, January 29, at Colleyville Center, 5301 Riverwalk Drive. Designed as a one-stop information resource for residents, the State of the City will be preceded by an open house with city departments and community organizations. The open house begins at 6:00 p.m., followed by the State of the City at 7:00 p.m. A review of the past year and a look at some of the City’s future initiatives are hallmarks of the State of the City, which emphasizes issues, projects, and developments that have impacted the city during the past year, and those that will affect Colleyville residents and businesses in the year ahead. The meeting will be taped and, while the location does not allow the State of the City to be streamed live, it will be available within days via the City’s webcast system at Colleyville.com. Proclamation in recognition of Sam Stacy, Mayor for a Day - Mayor David Kelly Mayor Kelly presented Sam Stacy, Mayor for a Day, a proclamation in recognition of his winning essay and service as the Mayor for a Day. Mayor Kelly also presented Mayor for a Day Stacy with a key to the City. Proclamation declaring January 23, 2015, "Thank a Teacher Day" at Colleyville City of Colleyville Page 7 City Council Minutes January 20, 2015 Elementary School - Colleyville Elementary School Principal Shelia Shimmick - Mayor for a Day Sam Stacy Mayor for a Day Stacy presented Colleyville Elementary School Principal Shelia Shimmick and Fifth Grade Teacher Debbie Hedges with a proclamation declaring January 23, 2015 as “Thank a Teacher Day”. Principal Shimmick expressed her appreciation to Mayor for a Day Stacy and Mayor Kelly. Proclamation recognizing the Grapevine Colleyville Youth Football Association's MP Black Team and their achievements - Mayor for a Day Sam Stacy and Mayor Kelly Mayor for a Day Stacy recognized Coach Sawver and the Grapevine Colleyville Youth Association’s MP Black Team for a two year winning season. Coach Sawver expressed his appreciation to Mayor for a Day Stacy and Mayor Kelly. In recognition of Colleyville's featured business - Ruggeri’s - 32 Village Lane, Suite 100 - Mayor David Kelly and Economic Development Director Marty Wieder Mayor Kelly, Mayor for a Day Stacy, and Economic Development Director Marty Wieder recognized Julie Gonzalez, General Manager of Ruggeri’s, as the featured business of the month. Ms. Gonzalez expressed her appreciation to Mayor for a Day Stacy, Mayor Kelly, and Director Wieder for their continued support. 5. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3835 5a Approval of the minutes of the regular City Council meeting of January 6, 2015 5b Approval of the minutes of the City Council worksession of January 13, 2015 5c Approval of the use of Voluntary Park Funds for a playground at Pleasant Run Park, in an amount not to exceed $55,000 Mayor Kelly read resolution R-15-3835 in its entirety. Mayor Kelly opened the public hearing at 8:09 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:09 p.m. Mayor Pro Tem Taylor stated the playground equipment coming to the Pleasant Run Park will be an added enhancement to this park and the parents. Mayor Kelly moved to approve Resolution R-15-3835. Mayor Pro Tem Taylor seconded the motion. City of Colleyville Page 8 City Council Minutes January 20, 2015 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: Councilmember Carol Wollin 6. ORDINANCE(S): CONTINUED READING AND PUBLIC HEARING 6a 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. Interim Community Development Director Adam Marsh presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 8:19 p.m. Santos Martinez, 900 Jackson, Suite 640, Dallas, applicant, presented this item and briefed the City Council. Mr. Martinez explained that La Hacienda Ranch withdrew their opposition to this request prior to this meeting. Tom Whelan, 2501 N. Harwood, Suite 1800, Dallas, 121 Compadres, Ltd., stated his client, the La Hacienda Ranch restaurant, has agreed to withdraw their opposition based upon the accommodations made by the applicant: 1) the fencing along the entire southern boundary (wrought iron and masonry); 2) provide lighting that does not shine onto the restaurant; 3) security cameras; 4) no building above 66 feet; and 5) 40 foot setback. He stated the applicant has worked with this property owner to address their concerns. Lindesay Abron, 4353 Kenwood Drive, Grapevine, spoke in opposition to this request with concerns for the hotel use adjacent to the high school. Mark Boone, 2707 Cole Avenue, Dallas, the leasing agent for the former Mac’s restaurant, spoke in support of this request. Elizabeth Zeitlin, 1800 Glade Road, Colleyville, spoke in opposition to this request with concerns for the size of the building on the subject property, and the uses of the hotel tax. Louis Miller, 7802 Tillman Hill Court, Colleyville, spoke in support of this request. City of Colleyville Page 9 City Council Minutes January 20, 2015 Julia Barth, 4810 Shadywood Lane, Colleyville, spoke in support of this request. Aaron Siddique, 1502 Royal Lane, Colleyville, spoke in support of this request. Kirstin Herrera, 5104 Green Hill Lane, Colleyville, spoke in opposition to this request with these concerns 1) the ordinance language needs to be specific for this project only and this developer only; 2) the developer needs to break ground within one year from now, so that if something falls through, these variances could not be allowed for another developer; 3) parking; and 4) the property is too narrow for this project. She stated she would like assurances this hotel will stay nice. She stated she does not understand why concessions are made for developers, especially since sometimes things do not work out as planned. Kathy Hadley, 204 Timberline Drive North, Colleyville, spoke in support of this request. James Day, 805 Shelton Drive, Colleyville, spoke in support of this request. The following persons did not wish to speak but wished to register their opposition: Claudine Annis, 5604 Coventry Court, Colleyville; Laura Speights, 4835 Lakeside Drive, Colleyville; Julie Glenn, 2901 Highgrove Court, Colleyville; Tracye Kenney, 2902 Highgrove Court, Colleyville; Tim Kenney, 2902 Highgrove Court, Colleyville; Tisha Ghormley, 502 Green Meadows Street North, Colleyville; and Dave Sager, 3501 Fox Meadows, Colleyville. The following person did not wish to speak but wished to register their support: Michael Hinkle-Morrison, 4012 Felps Drive, Colleyville. Mr. Santos stated they have certain items to be included in the ordinance: the fencing to be constructed as depicted on the site plan with wrought iron and concrete panel; the emergency access gate with an approved Knox box for emergency access only; the maximum height is 66 feet; 91 rooms; 93 parking spaces; setbacks on side and front should be explicit to 39 feet or 40 feet on the southern property line; and not right up against 82 foot or 87 foot setback on roadway frontage. There were no others wishing to speak and Mayor Kelly closed the public hearing at 8:57 p.m. Mayor Pro Tem Taylor questioned Mr. Whelan regarding if the memorandum of understanding has been submitted to the applicant. Mr. Whelan replied yes and Mr. Martinez concurred. Mayor Pro Tem Taylor questioned Mr. Martinez regarding the fire lane access on each side of the building with the 39 foot setback. Mr. Martinez replied the lanes City of Colleyville Page 10 City Council Minutes January 20, 2015 have been accommodated, including an additional buffer, with a minimum of 39 feet from the southern property line. Mayor Pro Tem Taylor questioned Mr. Martinez regarding the masonry wall. Mr. Martinez stated they have agreed to an eight foot solid masonry fence for a portion of the south property line and all of the west property line. Mayor Pro Tem Taylor questioned staff regarding if the eight foot solid masonry fence will impede the line-of-sight distance requirement in the code. Director Marsh replied no. Mayor Pro Tem Taylor stated he appreciates the wrought iron fencing between the two parking lots. He stated it will benefit both property owners relative to safety. Mr. Martinez concurred. Mayor Pro Tem Taylor stated the items that need to be codified in the ordinance: 1) the emergency access gate with Opticom; 2) 66-foot building height maximum, with all mechanicals and parapets; 3) 82-foot minimum front setback, exception for the porte-cochere; and 4) 39-foot minimum side setback for the structure itself, to the south. Councilmember Mogged questioned staff regarding if the tree mitigation timing will be codified in the ordinance. Mayor Kelly replied there are mitigation requirements in the Land Development Code. Councilmember Mogged stated there needs to be some understanding about the timeframe. Mayor Kelly stated the trees can be planted within 1,500 feet of the subject property, which could be placed on the adjacent property as well. Mr. Martinez stated the language has been drafted by staff. Councilmember Mogged stated the two-year timeframe is stated in the ordinance. Director Marsh stated all mitigation would have to be done prior to the issuance of a certificate of occupancy. Mayor Kelly stated the landscaping would need to be coordinated with the seasons. Mr. Whelan concurred. Mayor Pro Tem Taylor questioned Mr. Martinez regarding assurances the brand will be a Hilton brand. Mr. Martinez stated the developer wants to ensure all quality features are included and governed by the Hilton brand. He stated they have a very good track record with the licenses that have been secured. He stated they are promoting a brand that expects 100 percent satisfaction. Mayor Pro Tem Taylor questioned Mr. Martinez regarding if this building is adequate with someone else coming in, if the brand does not stand the test of City of Colleyville Page 11 City Council Minutes January 20, 2015 time. Mr. Martinez replied these features will set this site apart from any other brand. He stated a comparable or higher brand will be successful on this property. Mayor Pro Tem Taylor questioned Mr. Martinez regarding why not a Hilton Garden. Mr. Martinez replied they feel confident the Hampton Inn and Suites would succeed, given the market. Mayor Pro Tem Taylor questioned Mr. Martinez regarding the estimated timeframe for a target date to begin construction. Mr. Martinez replied possibly within six months from today’s action to get this project going. He stated they want to honor the commitments made with the restaurant property owner. Mayor Pro Tem Taylor questioned Mr. Martinez regarding if a year is sufficient. Mr. Martinez replied that he did not know if a year is necessary; however, it will depend on design and construction elements. He stated he does not know how long it will take to begin to move dirt, but that they want to follow the commitments made to the adjacent property owners. Mayor Kelly questioned staff regarding if these items are codified in the ordinance, would other developers have to follow this ordinance. Director Marsh replied yes. Councilmember Mogged questioned staff regarding security. Chief Holder replied in his experience, hotel crime problems are associated with the actual location of the hotel, more than anything else. He stated Colleyville does not have crime issues, and that there is always the potential to add some activity with new development, but he does not see this as a problem. Councilmember Putnam questioned Mr. Martinez regarding if the 90 room rule of thumb is pretty much a standard for this brand, or is this just squeezing a big hotel on an unusually small piece of land. Mr. Martinez replied originally it was considered as a four story structure; however, given the brand features, the fifth floor became necessary. He stated the visibility from the freeway balances the code requirements. Councilmember Short questioned Mr. Martinez regarding the noise from the band at the adjacent high school. Mr. Martinez stated they have moved the guest rooms to help mitigate the noise issues. He stated this design is already accommodating the freeway noise. Councilmember Putnam stated he completed some research to see if there were any safety concerns with a hotel being in proximity to a school, and there is no data to support that. Mayor Kelly stated the hotel guests will have to have an identification to rent a room; therefore there is safety in that the identity of the person known is by the hotel. City of Colleyville Page 12 City Council Minutes January 20, 2015 Councilmember Mogged questioned staff regarding the hotel tax and the uses of such. He stated he believed, from the City’s perspective, three sources of growth and value are added with these hotel taxes. Assistant City Manager/Chief Financial Officer Terry Leake replied they are most commonly used for promotion, and set up in a separate fund (hotel/motel tax) and not comingled with the General Fund monies. She stated they are very specific by state law about allowable usage. City Manager Jennifer Fadden added there are nine statutory specific categories in which the funds may be spent: 1) funding the establishment and maintenance of a convention center or visitor information center; 2) paying the administrative costs of facilitating convention registration; 3) paying for advertising or solicitation that promotes tourism and convention delegates to the city or its vicinity; 4) expenditures which promote the arts; 5) funding historical restoration or preservation programs; 6) funding certain expenses including promotional expenses directly related to sporting events of counties with a population of under one million (which would not apply to Tarrant County); 7) funding the enhancement or upgrading of existing sports facilities or sports fields for certain municipalities; 8) funding transportation systems for tourists; and 9) signage directing tourists to sites and attractions visited frequently by hotel guests in the municipality. Councilmember Mogged questioned staff regarding if Colleyville Center is considered a convention center. City Manager Jennifer Fadden replied the statue does not specifically define what a convention center is, but an opinion could be sought to determine this. Councilmember Mogged stated the sales tax would then benefit the local restaurants, which may add up to be about $400,000-500,000 per year. Assistant City Manager/Chief Financial Officer Terry Leake concurred. Mayor Kelly stated this is a commercial highway site to be developed as commercial. He stated he believes it will be an asset to the community. He added he spoke with persons relative to the school, and they stated the school would have been built, if the hotel had come first. Mayor Kelly thanked the property owners and applicants for working out their issues. Mayor Kelly moved to approve Ordinance O-14-1942 with the amendments discussed: 1) using the latest site plan exhibit; 2) combination masonry and wrought iron wall and screening; 3) emergency access gate with the Opticom feature; 4) 66-foot maximum height; 5) 82- foot minimum setback for building; 6) 39-foot south side setback; 7) 93 City of Colleyville Page 13 City Council Minutes January 20, 2015 full sized parking spaces; 8) 91 hotel rooms; 9) masonry wall adjacent to school property. Mayor Pro Tem Taylor stated he would like an amendment added that the Hilton/Hampton brand or higher shall operate for a minimum of five years. City Attorney Matthew Boyle stated the applicant could be asked to commit to that amendment. Dallas Cothrum stated he did not know what “higher” meant, but the features incorporated in this design will only allow for a certain brand to operate. Mayor Pro Tem Taylor stated three star or higher. Mr. Cothrum agreed. Mayor Kelly concurred with the added amendment. Mr. Martinez stated the licensing will take care of any of those issues that may occur, especially if something happens in which the brand has no control over. Mayor Pro Tem Taylor concurred that the City license will help with this. Mayor Kelly stated the tree mitigation language will need to be included with the planting of trees with the adjacent property owner. 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 Mayor Kelly recessed the meeting at 9:40 p.m. Mayor Kelly reconvened the meeting at 9:53 p.m. 6b 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. Interim Community Development Director Adam Marsh presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 9:56 p.m. Pat Atkins, applicant, presented this item and briefed the City Council. City of Colleyville Page 14 City Council Minutes January 20, 2015 Richard Bangs, 3509 Fox Meadows Drive, Colleyville; Anthony Pardini, 3504 Fox Glen Drive, Colleyville; and Keenan Roach, 3504 Fox Meadows Drive, Colleyville, spoke in opposition to this request with concerns for the proposed density and traffic to Roberts Road. Ed Wieland, 3309 Fox Glen Drive, Colleyville, spoke in support of this request. He added he would like something done with Roberts Road and Glade Road, specifically something added to the ordinance. William (Bill) Cardarette, 5303 Bugle Lane, Colleyville, stated having concerns for Glade Road and Roberts Road. He stated he is not opposed to the development; however, he believes the developer should put some money towards the improvement of the roadway. His speaker card indicates he is opposed to this item. Mark Wines, 5317 Roberts Road, Colleyville, spoke in support of this request. The following persons did not wish to speak, but did wish to register their opposition: Wally and Rachel Deveraux, 300 Huntington Drive, Colleyville; Gary and Lorrine Evans, 5201 Bugle Lane, Colleyville; Teresa Crawford, 3401 Huntington Drive, Colleyville; Robert and Jaime Ellis, 3308 Fox Glen Drive, Colleyville; Rick and Ginger Martin, 3303 Huntington Drive, Colleyville; Barry and Becky Prince, 5303 Huntington Court, Colleyville; Michael and Elizabeth Gallian, 5300 Fox Trail Lane, Colleyville; Geruan Rodriguez, 3411 Fox Glen Drive, Colleyville; Rosa Wan and Jim Lu, 5204 Bugle Lane, Colleyville; June Shrewsbury, 6313 Derby Drive, Colleyville; Jennifer Feng, 3402 Fox Meadows Drive, Colleyville; Patricia Quinn, 3507 Fox Meadows Drive, Colleyville; Michel Simard, 5301 Fox Trail Lane, Colleyville; Pete Wurst, 3402 Huntington Drive, Colleyville; Jim and Dian Brostoski, 5301 Huntington Court, Colleyville; Bill Gibbs, 3408 Fox Glen Drive, Colleyville; Michelle Freeman, 5206 Fox Trail Lane, Colleyville; Luke and Lucy Witgen, 3401 Fox Glen Drive, Colleyville; Roy and Linda Baker, 3303 Fox Glen Drive, Colleyville; Kyung Lee, 3403 Fox Meadows Drive, Colleyville; Moireen Bangs, 3509 Fox Meadows Drive, Colleyville; John Cottrill, 5202 Fox Trail Lane, Colleyville; Albert Frohner, 3400 Fox Glen Drive, Colleyville; Beckie Munsell, 3302 Fox Glen Drive, Colleyville; Arthur Yates, 3502 Fox Meadows, Colleyville; Alberto Garcia and Rosa Garces, 3308 Huntington Drive, Colleyville; John and Monica Reilly, 3503 Fox Meadows Drive, Colleyville; Brian and Anna Herndon, 3505 Fox Meadows Drive, Colleyville; Sara Roach, 3504 Fox Meadows Drive, Colleyville; Charles and Janeen Kendall, 5302 Huntington Court, Colleyville; Robert Batten, 3307 Fox Glen Drive, Colleyville; Shiryl Thompson Gillaspie, 3511 Fox Meadows Drive, Colleyville; David Frazier, 3405 Fox Meadows Drive, Colleyville; Raymond and Christine Andrae, 3510 Fox Meadows Drive, Colleyville; Bill Munsell, 3302 Fox Glen Drive, Colleyville; and Dave Sager, 3501 Fox Meadows Drive, Colleyville. City of Colleyville Page 15 City Council Minutes January 20, 2015 The following persons did not wish to speak, but did wish to register their support: Jean Wood, 3500 Fox Meadows Drive, Colleyville; Samantha Shrewsbury, 3307 Huntington Drive, Colleyville; and Carolyn Wieland, 3309 Fox Glen Drive, Colleyville. There were no others wishing to speak and Mayor Kelly closed the public hearing at 10:33 p.m. Councilmember Mogged stated Roberts Road is clearly an issue, and he questioned staff regarding the plans for Roberts Road. Councilmember Putnam also asked about the ownership issue to be addressed for Roberts Road. City Engineer Jeremy Hutt replied Roberts Road is not currently scheduled in the Five-Year CIP program. He added the roadway is about 60 percent prescriptive right-of-way, with no formal dedication of a plat. He stated this happens when a roadway materializes over time. Councilmember Putnam asked staff if there is actual discussion to be had about the ownership of the roadway. Engineer Hutt replied this is fairly common on old county roads, and referred to as prescriptive right-of-way. He stated the City maintains the roadway and the drainage because it is a public roadway. Mayor Pro Tem Taylor asked the City Attorney to elaborate on the roadway and how it can be used by the public. City Attorney Matthew Boyle stated the City’s position is that the continued open and obvious use of that particular stretch of right-of-way, by the public, has dedicated that right-of-way, to the public prescriptively. He stated while the adjacent property owners may own the underlying fee, the right-of-way or easement that has been dedicated prescriptively, exists within the scope and the limitations of the roadway that has been in place and so used by the public. Mayor Pro Tem Taylor questioned staff regarding what remedies the property owner has under the law to claim his land back. City Attorney Matthew Boyle stated the property owner could endeavor to pursue a trespassing and title law suit, and based upon the open and obvious continued use of the roadway by the public, and the regular maintenance by the City, the chances of the property owner prevailing are slim to none. Councilmember Mogged asked staff what are implications relative to improvements, above and beyond the current width with the current surface area. City Attorney Matthew Boyle replied there are no prescriptive right-of-ways, outside of the scope and limitation of existing width. He added absent dedication to expand the roadway outside of its existing limits would require property rights acquisition. City of Colleyville Page 16 City Council Minutes January 20, 2015 Mayor Pro Tem Taylor stated Roberts Road needs to be fixed, and the one way to do this is with development. He added most are supportive of development, just not with this total number of homes. Councilmember Mogged questioned staff regarding the cost to construct the roadway at a wider width from the City limit to Glade Road. Engineer Hutt replied it is a $1.5 million dollar project to rebuild or reconstruct the roadway from the City limits to Glade Road. He added, for reference, the development, as proposed today, would have to pay approximately $245,000 in roadway impact fees. Councilmember Mogged questioned staff regarding if land acquisition costs for right-of-way would be included in that cost. Engineer Hutt replied that would be a major variable in the project, especially since 60 percent are prescriptive rights-of- way. He added there may be options to shift the roadway to the church side, in order to better negotiate with the right-of-way needs. Councilmember Mogged questioned staff regarding if the mineral rights will be retained. Engineer Hutt replied those negotiations have been done in the past with other projects where the mineral rights were retained. Councilmember Mogged questioned staff regarding the traffic impacts of the proposed development with the intersection at Glade Road. Engineer Hutt replied there are opportunities for additional turn lanes, and relative to Glade Road, the alignment would have to remain in place due to the current median openings. Mayor Kelly questioned staff regarding Fox Meadows and the right-of-way dedication for Roberts Road. Engineer Hutt replied he did not know what the Master Thoroughfare Plan requirements were at the time Fox Meadows was developed. Mayor Kelly questioned staff regarding if there is an opportunity to get the 75 feet of right-of-way from Fox Meadows without right-of-way acquisition. Engineer Hutt replied the Master Thoroughfare Plan is a guiding document in which staff uses for acquiring right-of-way, and there are situations in which developments have occurred during prior plans with different standards. He stated he does not believe HOA properties or fences would be acquired for right-of-way, as staff would seek alternative roadway alignments by possibly shifting the center alignment or different cross sections. Mayor Kelly asked staff if the Fox Meadows subdivision includes both PUD and RD zoning districts. Director Marsh agreed. Mayor Kelly questioned staff regarding the maximum density for the duplex allowed zoning. Director Marsh stated Fox Meadows, Phase I is three dwelling units per acre, 10,000 square foot minimum lot size; and Phase II includes 2.74 City of Colleyville Page 17 City Council Minutes January 20, 2015 dwelling units per acre, 11,000 square foot minimum lot size. He stated the RD zoning includes eight dwelling units per acre. Councilmember Mogged stated having concerns for the density of the development. He then questioned Mr. Atkins regarding if 40 lots would work for his development. Mr. Atkins replied Heritage Oaks is denser than this development. He stated they feel like they have accommodated the transitional area. He stated by lowering the density further, the economics of the property will not work, as they are currently at their limits. He stated they will work with the City relative to the improvements of Roberts Road. Mayor Kelly stated the Fox Meadows subdivision is a PUD-R-Planned Unit Development Residential development with no open space. He stated the proposed development is the same zoning but with 20 percent open space. He added the RD zoning allows for duplexes, which in turn increases the density relative to residents. Mayor Kelly questioned staff regarding the difference between the Master Plan density and the Land Development Code density. Director Marsh replied the Master Plan density does not take into account right-of-way dedication or streets, it is just the gross acreage divided by the number of units. He then explained the Land Development Code method does account for right-of-way dedication, open space, and streets; therefore, it is denser since the available acreage is reduced. Mayor Kelly explained the various other existing developments and their densities compared to the proposed development. Councilmember Putnam stated he shared Councilmember Mogged’s concern for this density. Councilmember Short stated this proposal presents an opportunity to address the needs of Roberts Road. He stated there are challenges with this development, since there are many property owners involved. He stated the developer has addressed City Council concerns and is creating an opportunity for the City to address Roberts Road. Councilmember Putnam stated there would still be costs to cover even with the developer contributing to Roberts Road, since the roadway is not currently scheduled in the CIP. Mayor Kelly agreed. Councilmember Short stated it does provide an opportunity to acquire the right-of-way. Councilmember Putnam stated for this particular section of roadway. Councilmember Mogged questioned staff regarding the percentage of Roberts Road for this development. Engineer Hutt replied the total length of Roberts Road is about 2,100 feet, with this development having about 1,100 feet. Councilmember Short stated the southern piece of roadway may take a while, but the majority of the roadway would be addressed with this development. City of Colleyville Page 18 City Council Minutes January 20, 2015 Mayor Pro Tem Taylor stated having a concern about the density. He then questioned Mr. Atkins regarding if 42 lots would work for this development. Mr. Atkins replied this will increase the lot size; however, the lot product from a pricing standpoint, will not accomplish anything. He stated the product type would be $600,000-$700,000. He stated this development is already at retail lot price with the current conditions. Mayor Kelly stated the reduction of eight lots over 11 acres is not going to be noticed. Mayor Pro Tem Taylor concurred, but he added he is trying to get to a number, which will work for this developer. He stated this development will help with the Roberts Road improvements. He stated the property to the south is going to be limited too in its development. Councilmember Short stated this development should be something in between the two adjacent properties, in terms of density. He stated Heritage Oaks has 40 foot lot widths; Fox Meadows has 80 foot lot widths; and this development is at 50, which is in the middle. Councilmember Putnam stated we do not all agree that we need more of this type of product with this density. Mr. Atkins stated he worked to get the 20 percent open space with a lower density, and he thought they had accomplished the density requested. Mark Wines, 5317 Roberts Road, stated he does not understand the two different zoning districts in Fox Meadows and the density. Mayor Kelly stated if RD is allowed, it could be eight units per acre as a duplex. He stated duplexes are allowed by right, but currently it is developed as single family residences. Councilmember Short moved to approve Ordinance O-14-1943. Councilmember Hart seconded the motion. The motion to approve failed by the following vote: Aye: 3 – Mayor David Kelly, and Councilmembers Jody Short, and Tom Hart Nay: 3 - Mayor Pro Tem Mike Taylor, Councilmembers Chuck Mogged, and Chris Putnam Absent: 1 – Councilmember Carol Wollin Councilmember Mogged moved to deny Ordinance O-14-1943 without prejudice. Mayor Pro Tem Taylor seconded the motion. The motion to deny without prejudice carried by the following vote: City of Colleyville Page 19 City Council Minutes January 20, 2015 Aye: 4 – Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Chris Putnam, and Tom Hart Nay: 2 – Mayor David Kelly and Councilmember Jody Short Absent: 1 – Councilmember Carol Wollin 7. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 7a 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 updated the City Council regarding Stage 2 water restrictions. Mayor Kelly opened the public hearing at 8:13 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:13 p.m. Mayor Kelly stated beginning March 1 there will be more restrictive watering measures, and it will continue to be that way. He stated there should be preparations to start reserving water since there is not much relief in the near future. Councilmember Mogged questioned staff regarding how the information will be communicated to the citizens. Director Lowry replied all traditional communication mechanisms will be used: 1) the February newsletter, to be distributed in the water bills; 2) letters to HOAs; 3) TRWD signage; 4) point-of-purchase displays at the Utility Billing Office and Library; 4) promotional bookmarks distributed at the Library; 5) notification is going to be sent to all of the local landscaping companies, many of whom manage the commercial and residential properties; 6) the City’s website; 7) Code-Red; 8) E-newsletters; 9) digital signage at City facilities; 10) visible signs throughout the City; 11) Colleyville Close-Buy businesses will be reminded; 12) Chamber of Commerce; and 13) City Facebook account. Mayor Kelly encouraged everyone to put it on their home calendars to set their sprinkler systems to the required changes effective on March 1, so that water is not being wasted. City of Colleyville Page 20 City Council Minutes January 20, 2015 Councilmember Mogged moved to approve Ordinance O-15-1946. 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 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-15-3836 Consideration of appointments to the Colleyville Tree Board Mayor Kelly read resolution R-15-3836 in its entirety. Mayor Kelly opened the public hearing at 11:18 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 11:18 p.m. Mayor Kelly moved to approve Resolution R-15-3836. 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 Absent: 1 – Councilmember Carol Wollin 8b Resolution R-15-3837 Consideration of appointments to the Park Land Dedication Committee Mayor Kelly read resolution R-15-3837 in its entirety. Mayor Kelly opened the public hearing at 11:19 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 11:19 p.m. Councilmember Mogged moved to approve Resolution R-15-3837. Councilmember Hart seconded the motion. The motion to approve carried by the following vote: City of Colleyville Page 21 City Council Minutes January 20, 2015 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 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 N. Timberline Drive, Colleyville, spoke regarding the intersection of Centerpark Drive and Bedford Road. She stated she has almost been hit from people not turning properly onto Centerpark Drive. She stated being very happy about the hotel coming to Colleyville, but stated she would like some assurances that the hotel will be a good quality. 10. REPORTS Planning and Zoning Commission Meeting Minutes - December 8, 2014 Monthly Financial Report - December 2014 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 20, 2015 - READING AND PUBLIC HEARING - RESOLUTION R-15- 3838 This resolution was not needed. 12. 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 11:25 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 3RD DAY OF FEBRUARY 2015. City of Colleyville Page 22 City Council Minutes January 20, 2015 Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 23