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HomeMy WebLinkAboutCity Council-Minutes-9/1/2015 City of Colleyville Page 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, September 1, 2015 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on September 1, 2015, at 5:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Assistant Police Chief Robert Hinton, Fire Marshal Rob McKeown, Human Resources Director Rachel Huitt, Economic Development Director Marty Wieder, Recreation and Library Director Mary Rodne, Community Development Director Abra Nusser, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Communications and Marketing Director Mona Gandy, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley PC-1 Discussion of fee increases from the Dallas Area Rapid Transit (DART) Authority for the use of DART rights-of-way (ROW) for utility lines City Engineer Jeremy Hutt presented this item and briefed the City Council. Michael Miles, Mack Turner, and Fred Pratt with DART were also present. Mayor Kelly asked staff if there is a methodology for calculating the fees. Engineer Hutt replied yes, and Mr. Turner explained the fee rate structure is based on the size of the casing pipe, and staff has been presented with the rate structure. Mayor Kelly stated he would like not only to review the rate structure, but also the methodology by which the rate structure is based upon. Mayor Pro Tem Taylor asked staff what these agreements cover. Engineer Hutt replied there are multiple agreements with DART which cover items such as water line crossings, and drainage improvements. He added these agreements are required by DART for the use of the right-of-way. Mayor Kelly asked staff if those items are in the ground. Engineer Hutt replied yes. Mayor Pro Tem Taylor asked staff if these are fees to use the right-of-way. Engineer Hutt replied yes. Mayor Kelly asked DART to explain the justification for these fees, especially since these items have been underground for years; how are these a maintenance impact to DART? Mr. Miles explained that the railroad right-of-way was procured City Council Minutes September 1, 2015 City of Colleyville Page 2 by DART in 1995, and with the procurement, right-of-way lease agreements were then brought forward. He further explained the types of items in the DART right- of-way throughout Colleyville. Councilmember Mogged asked Mr. Miles if this is based on a revenue enhancement not an actual cost to DART. Mr. Miles replied yes. Councilmember Mogged asked Mr. Miles if other members of DART have to pay these fees. Mr. Miles replied no they do not, the cities being assessed these fees are outside of the DART service area. Mayor Kelly stated the industry standards are based on higher cost, large metropolitan areas. He then asked Mr. Miles if there is a discount applied to this area. Mr. Miles replied no, the industry standards were applied to have a uniform approach and be fair and equitable across the board. Mayor Kelly asked Mr. Turner if the DART board actually adopted those price standards. Mr. Turner replied yes. Mayor Kelly stated he would like to review the minutes in which the board adopted the rates. Mayor Pro Tem Taylor asked Mr. Miles if the annual inflator is subject to change. Mr. Turner replied the CPI is being brought up to industry standards along the Cotton Belt. Councilmember Short asked staff if design costs for the placement of infrastructure will be more, given this cost increase. Engineer Hutt replied there are no additional crossings included in the current master plan. He stated what is currently in place is sufficient. Councilmember Short asked staff if we had known about these fees then, would decisions about crossings have been made differently. Engineer Hutt replied yes. Mayor Kelly asked Mr. Turner if the industry standard is different than the standard used in Boston, Portland, and Sacramento. Mr. Turner replied it was based on those cities, including Los Angeles, because they are the only ones who had logical means to establish the rates. Mayor Kelly asked Mr. Turner if the industry standards are considered nationally. Mr. Turner replied they all use the same criteria. Councilmember Putnam stated these are industry standards based on their own criteria. Mayor Pro Tem Taylor asked DART why it has taken 20 years to get to this point when it seems it was not important until now. He stated he believed the user fees City Council Minutes September 1, 2015 City of Colleyville Page 3 should cover this, why tax the ground now? Mr. Miles replied it is a property rights issue, and DART owns the property. Mayor Pro Tem Taylor asked Mr. Miles about the process to assess these areas, would they be based on the size of the casings. Mr. Miles replied yes. Mayor Kelly stated there does not appear to be any cost recovery need, and this is tough on the taxpayers, and there is a need to know why this is happening. Mr. Miles stated the line was not as active in the 90’s, and now it is highly active. He stated as development occurred DART began assessing cost recovery. Mayor Kelly concurred, and stated the recovery costs would be in moving forward, not for something which currently exists. Councilmember Putnam stated he believes this is need for DART to recover revenue. Mayor Kelly agreed, especially since the study states it is a revenue enhancement. Mr. Miles stated it is a property rights issue, and the board has advised them to move forward with this, in a uniform manner to all municipalities. Councilmember Short asked Mr. Miles what the number of other cities who are not currently a member of DART, who are having this same discussion. Mr. Turner replied 12. Councilmember Putnam asked Mr. Miles if The T member municipalities are paying into this as well. Mr. Miles replied he believes North Richland Hills is paying. Mayor Pro Tem Taylor asked Mr. Miles if The T leases from DART. Mr. Miles replied yes. Mayor Kelly stated he would like the minutes in which the board adopted the rates, and the calculations and formulas used. Mayor Kelly asked staff if this will be effective next year. Engineer Hutt replied yes, October 1, and it is included in the FY 2016 budget. PC-2 Discussion of the schedule for the review and adoption of Colleyville's comprehensive plan, Destination Colleyville Community Development Director Abra Nusser presented this item and briefed the City Council. Councilmembers agreed October 26, 27, or 28 would be good dates for a joint worksession with the Planning and Zoning Commission (P&Z) and Comprehensive Planning Advisory Committee (CPAC). Mayor Kelly asked staff if the P&Z should meet for a special meeting to consider the plan so that City Council can adopt it at the first meeting in November. City City Council Minutes September 1, 2015 City of Colleyville Page 4 Manager Jennifer Fadden suggested it be brought forward at the second meeting in November for the first reading, to allow for the changes to be incorporated into the plan before adoption in December. Mayor Pro Tem Taylor suggested the meeting dates be established quickly, prior to the holiday season. Councilmember Wollin stated she would like an opportunity for feedback at the public open house. Director Nusser replied she is a big proponent for feedback, and she stated she will work on a format to provide for such. Councilmember Mogged suggested electronic feedback. Director Nusser agreed, and added there may be a presentation provided to explain those options. She stated she would get with the consultant to see if there are specific areas in which the polling may be necessary. Councilmember Wollin asked staff if there would be a deadline to submit those comments. Director Nusser replied yes. City Manager Jennifer Fadden stated staff will work with P&Z and CPAC to schedule the worksession. Councilmember Short asked staff if the review and proposed changes to the draft plan was expected of staff, and if that was considered a new role. Director Nusser replied yes, and staff has adapted to taking on this new role. She stated staff will do whatever is necessary to adopt the plan by the end of the year. Mayor Pro Tem Taylor asked staff about the timing of these events. Director Nusser replied the joint worksession with P&Z and CPAC may begin at 6:30 p.m., and the open house will run from 6:30 p.m. – 8:30 p.m. Councilmembers agreed on the 6:30 p.m. time. PC-3 Discussion of density and open space calculations in the Master Plan and Land Development Code Community Development Director Abra Nusser presented this item and briefed the City Council. Councilmember Mogged asked staff if utility easements are included in the definition of density in Chapter 2. Director Nusser replied no. Mayor Kelly asked staff if everyone was calculated the same way. Director Nusser replied she does not know that for sure. City Council Minutes September 1, 2015 City of Colleyville Page 5 Mayor Kelly asked staff if everything follows the same proposed standards with the new chart. Director Nusser replied yes. Councilmember Short asked staff if any of the neighboring cities calculate this the same. Director Nusser replied yes, some do; however, industry standards are for net and gross. Councilmember Putnam asked staff about the maximum residential density. Director Nusser replied this is currently in the Land Development Code with the Planned Unit Development regulations and it has historically been done by taking the residential lot count divided by the area. She stated this becomes an inflated number because the open space area should be used too, it is net. She stated it is still a calculation that is relevant to consideration of the project, but it was not net density. Councilmember Coplen asked staff if this definition will remain in the code. Director Nusser replied she would like to do a code amendment, but in the absence of the code amendment, setting the policy direction this evening, will allow staff to fall back on the policy. Mayor Kelly agreed and suggested staff clean up the sections to make them clear. Director Nusser stated these definitions are currently in the code; however, these are the two being used on the chart: gross density and net density. Mayor Pro Tem Taylor stated there will need to be an orientation for developers and builders, and a mechanism to note their acknowledgement of such. Director Nusser replied there will be a worksheet given to the developer so all numbers can be verified for accuracy. Councilmember Putnam asked staff if everything which has been approved, is not in compliance of the Land Development Code. Director Nusser no, the 1.8 dwelling units per acre was established in the Master Plan as a policy that we should strive to achieve. Councilmember Putnam asked staff if it is okay to make variances or exceptions to our own policy. Director Nusser replied yes, because it is not a regulation. She stated the Master Plan is a guiding document being used to evaluate rezoning requests. Councilmember Short stated he did not remember the 1.8 dwelling units per acre being the overall goal. Councilmember Putnam asked staff if we should be evaluating the section of the Land Development Code that is appropriate for us now, or continue to approve the variances. Mayor Kelly answered, and stated the Master Plan has an overall goal, City Council Minutes September 1, 2015 City of Colleyville Page 6 and with it, there will be unique pieces that may be less dense or denser. He suggested refining the language from “shall not” to “should not.” Councilmember Short asked if now is a good time to look at these discrepancies, given the upcoming adoption of the comprehensive plan. Director Nusser replied yes. Councilmember Mogged asked staff what would happen if the open space area was 10,000 square feet and the pond is 5,000 square feet. Director Nusser replied it would not comply with the requirements, and it would be noted in the notes brought forward to the Planning and Zoning Commission and City Council. Councilmember Short asked staff how they would make it comply. Director Nusser replied they would have to shrink down the area, or provide more open space, to make it comply. Councilmember Putnam asked what the logic is. Director Nusser replied there is a current case which resembles something like this. She stated the applicant was making an argument for us to re-evaluate staff’s interpretation and staff agreed. Mayor Pro Tem Taylor stated City Council has always encouraged water features. Mayor Kelly stated some detention areas are not water based. Councilmember Short asked staff if a floodplain can count toward the open space requirement. Director Nusser replied yes. Mayor Kelly asked staff if the open space calculations changed majorly with the former and proposed calculations. Director Nusser replied it could majorly change the project. She added there are some percentages that were adjusted with the accurate data. Mayor Kelly asked staff if the chart is representative of the revised interpretation. Director Nusser replied not necessarily. She then explained the sources used to verify the data. PC-4 Presentation of the annual activity report of the Colleyville Economic Development Corporation Budget and Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Councilmember Short asked for paragraphs in the report, rather than one long paragraph. Manager Lothery replied staff may revise the report to comply with the requirements of the report. Mayor Pro Tem Taylor stated supporting charts would be helpful. City Council Minutes September 1, 2015 City of Colleyville Page 7 PC-5 Discussion of the September 1, 2015, City Council regular agenda items Mayor Kelly stated he would be moving to agenda item 7a, immediately after agenda item 5a because of all of the budget items in between. He stated this will allow residents to leave when their item is completed. Mayor Kelly adjourned the Pre Council meeting at 6:39 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Assistant Police Chief Robert Hinton, Fire Marshal Rob McKeown, Economic Development Director Marty Wieder, Library and Recreation Director Mary Rodne, Community Development Director Abra Nusser, City Engineer Jeremy Hutt, Finance Manager Karen Hines, 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 Municipal Court Judge City Council Minutes September 1, 2015 City of Colleyville Page 8 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 6:39 p.m. and reconvened at 6:40 p.m. INVOCATION: Pastor Jeff Strickland, Colleyville Assembly of God PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION READING AND PUBLIC HEARING: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-15-3901 Mayor Kelly read Resolution R-15-3901 in its entirety. City Manager Jennifer Fadden presented this item and briefed City Council. Mayor Kelly opened the public hearing at 7:35 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:35 p.m. Mayor Pro Tem Taylor made a motion to approve Resolution R-15-3901. Councilmember Wollin seconded the motion. Councilmember Wollin stated this property will be a good investment for the City, as it has already been greatly used during City events. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition City Council Minutes September 1, 2015 City of Colleyville Page 9 There was no discussion regarding this item. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-15-3902 4a Approval of the minutes of the Special City Council meeting of August 11, 2015 4b Approval of the minutes of the City Council worksession August 11, 2015 4c Approval of the minutes of the regular City Council meeting of August 18, 2015 4d Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2016-2020 (FY 2016-2020) of the Colleyville Economic Development Corporation 4e Approval of the annual review of the City of Colleyville Investment Policy 4f Approval of authorized broker / dealers for investment purchases 4g Approval of an amendment to Resolution R-13-3596, Economic Development Grant Agreement with AC Village Park Partners Mayor Kelly read Resolution R-15-3902 in its entirety. Strategic Services Manager Adrienne Lothery presented item 4d and briefed City Council. Mayor Kelly asked staff about the certain uses for the CEDC funds, as outlined in item 4d. Manager Lothery replied these funds may be used for economic development promotional purposes, Library, Colleyville Center, and Parks related items. Mayor Kelly asked staff if these parameters were set forth with the adoption of the Colleyville Economic Development Corporation. Manager Lothery replied yes. Mayor Kelly opened the public hearing at 7:40 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:40 p.m. Mayor Pro Tem Taylor made a motion to approve Resolution R-15-3902. Councilmember Putnam seconded the motion. City Council Minutes September 1, 2015 City of Colleyville Page 10 The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-15-1962 Consideration of a zoning change from the AG-Agricultural zoning district to the R-20-Single Family Residential zoning district on Abstract 294, of the R. Chowning Survey, located at 6200 and 6210 Pool Road, Case ZC15-014 Mayor Kelly read the caption of Ordinance O-15-1962. There were no updated presentations given. Mayor Kelly opened the public hearing at 7:41 p.m. Trevor Truss, 8241 Mid-Cities Boulevard, #160, North Richland Hills, representing John Hodgkiss, the applicant, presented this item and briefed City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 7:46 p.m. Mayor Kelly asked Mr. Truss if the properties will be incorporated into the Highland Meadows HOA. Mr. Truss replied yes, that is the plan, and to match the architectural features of the Highland Meadows homes. Jennifer Brecht, 2508 Highland Meadows, stated she does support the rezoning; however, stated having concerns about if the triangle property, which she owns, is not purchased, how the lots will be configured; the retaining wall, drainage, and tree preservation. Director Nusser spoke to Ms. Brecht’s concerns and stated the lot configuration would be decreased to two lots, if the triangle piece is not incorporated. She stated the drainage would be addressed and the tree preservation requirements would need to be met before demolition occurs. Mayor Kelly asked staff if the trees could be removed for the foundation and the driveway areas. Director Nusser replied the removal of trees within the driveway area would require City Council approval. Mayor Pro Tem Taylor stated he does not like to approve items with them being incomplete, such as the triangle piece to the west. Mr. Truss added if the parcel is not able to be purchased, the lot layout would be reconfigured. Director Nusser City Council Minutes September 1, 2015 City of Colleyville Page 11 replied the triangular piece of property would have to be incorporated in the platting process. Councilmember Mogged stated the triangular piece is covered by the Highland Meadows HOA, and this would have to be considered during the purchase of it. He stated it too is one of those unfinished portions. Mr. Truss added Mr. Hodgkiss is going to approach the HOA. Mayor Kelly asked Mayor Pro Tem Taylor if the concern is the proposed zoning. Mayor Pro Tem Taylor stated the project feels incomplete. Mayor Kelly stated City Council’s role is to decide if the zoning is a suitable zoning for this property. Mayor Pro Tem Taylor stated it is suitable zoning. Mayor Kelly asked staff if drainage and tree protection are reviewed for developments. Director Nusser replied yes. Mayor Kelly made a motion to approve Ordinance O-15-1962. Mayor Pro Tem Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-15-1963 Consideration of a zoning change from the R-40-Single Family Residential District to the PUDR-Planned Unit Development Residential District, Lot 4, Block 1, of the Lavaca Trail Addition, located at 1013 Lavaca Trail, Case ZC15-012 Mayor Kelly read the caption of Ordinance O-15-1963. Community Development Director Abra Nusser presented this item and briefed City Council. Mayor Kelly opened the public hearing at 8:16 p.m. John Fegan and Konstantine Bakintas, presented this item and briefed the City Council. Lynnette Stanley, 1101 Lavaca Trail, spoke in opposition to this request with concerns for density and drainage. City Council Minutes September 1, 2015 City of Colleyville Page 12 Joel Stanley, 1609 Douglas Avenue, spoke in opposition to this request with concerns for density and drainage. Elizabeth Warrick, 6104 Emmas Court, spoke in opposition to this request with concerns for density, flooding, and lack of privacy. The following person did not wish to speak, but did wish to register his opposition: Dave Warrick, 6104 Emmas Court, Colleyville. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 8:28 p.m. Councilmember Coplen asked Mr. Bakintas about the drainage at the back of the proposed development. Mr. Bakintas replied a portion of the subject property is in the floodplain/fringe. He stated a detailed flood study was done, and it was concluded we could claim a portion of the flood fringe, so that the future residents would be out of the floodplain. He stated the calculations proved the drainage would remain unchanged and the development would be safe to be constructed without affecting the adjacent property. He further explained how the water would drain in the future. Mayor Kelly asked staff about the developer’s obligation to stormwater drainage. City Engineer Jeremy Hutt replied pre-developed and post-developed water flows are reviewed when a new development is received. He stated there have been several reviews with this development to conclude if there are any adverse effects, upstream or downstream, to the surrounding area relative to stormwater drainage. Mayor Kelly asked staff if it is the developer’s obligation to maintain or decrease the flow. Engineer Hutt replied yes, he has to accept the water being flowed to him, and he is not allowed to convey water where it was not previously conveyed. Councilmember Putnam asked Mr. Stanley what he believes is an appropriate use of the property. Mr. Stanley replied he does believe there are opportunities, and he brought Mark Assaad, consultant, 5000 Thompson Terrace, forward to better explain his thoughts. Mr. Assaad stated they believed the subject property, and Mr. Stanley’s property could be master planned together for a future development. Mayor Kelly asked Mr. Stanley if they want to ask the developer to put in the proposed street next to his property line for future development. Mr. Stanley replied his mother is not interested in selling right now; however, it would be an option. He believes without that option, it would diminish the opportunity to redevelop his mother’s property. Mayor Kelly asked Mr. Stanley if his property is the same size as the subject property. Mr. Stanley replied yes. City Council Minutes September 1, 2015 City of Colleyville Page 13 Mayor Kelly asked Mr. Fegan about the proposed density, and stated it would be the highest density development. Mr. Fegan replied the economics do not work with 12 or 13 lots, we have to have more lots. Mayor Pro Tem Taylor asked Mr. Bakintas about the drainage. Mr. Bakintas explained the drainage was considered with an open channel rather than a boxed culvert. Councilmember Short asked staff about the location of the proposed roadway relative to the future redevelopment of Mr. Stanley’s property. Engineer Hutt stated the intersections would be regulated as they connect to Lavaca Trail, and the spacing between the two roadways would resemble something like a median, but the spacing would depend on the location of the second street. Director Nusser stated it would be at least 25 feet. She added the applicant is proposing a 50 foot access easement to the south, adjacent to the Stanley property. Councilmember Coplen asked staff about the percentage of open space. Director Nusser replied it is 19.2 percent. Councilmember Putnam stated we should be asking the developer to come up with a plan that makes more sense and is less impactful to the surrounding community. He stated everyone has property rights; however this property is zoned AG- Agricultural, and the developer is requesting a zoning change with extraordinarily high density that is going to impact the current rural properties. Mayor Kelly agreed, and stated that is why he brought up the density and the differences between the two properties. Councilmember Mogged asked staff if this property is currently zoned AG. Director Nusser replied the subject property is currently zoned R40. Councilmember Mogged stated R40 would require 40,000 square foot lots. Mayor Kelly stated all lots would require street frontage. Councilmember Mogged stated this property could be zoned commercial or office, according to the Future Land Use Plan. Director Nusser concurred. Mayor Kelly asked staff about emergency access, and if homes would need to be fire sprinkled. Fire Marshal Rob McKeown replied all homes would have to be fire sprinkled regardless of square footage. Mayor Kelly asked staff about the entry. Director Nusser replied the circular feature is a mountable curb and stamped concrete. Councilmember Coplen stated she likes the transition, but if you move the road closer to the property line, and move the lot on the end to open space, would that City Council Minutes September 1, 2015 City of Colleyville Page 14 affect the net profit. Mr. Fegan replied yes, and it was discussed at the Planning and Zoning Commission. Councilmember Coplen stated residents like having a park within their development. Mayor Kelly asked Mr. Bakintas about putting the extra street width toward the open space, rather than concrete. Mr. Bakintas replied the code suggests putting in a wider roadway with a long cul-de-sac street type. Mayor Kelly asked staff if a 31 foot roadway is an acceptable standard. Marshal McKeown stated the code requires a 36 foot wide street. Councilmember Short stated the 15 foot setback is a concern for him. Mr. Bakintas stated there is a 20 foot setback proposed, except for four of the lots, due to the odd geometry of the lots. This was a first reading; therefore, City Council did not take any action. Mayor Kelly recessed the meeting at 9:18 p.m. Mayor Kelly reconvened the meeting at 9:28 p.m. 6b Ordinance O-15-1964 Consideration of a zoning change from the AG-Agricultural zoning district to the PUDR-Planned Unit Development Residential zoning district on 2.60 acres of Abstract 1034 of the G.W. Minter Survey, located at 5017, 5113, and 5201 Roberts Road, Case ZC15-011 Mayor Kelly read the caption of Ordinance O-15-1964. Community Development Director Abra Nusser presented this item and briefed City Council. Mayor Kelly opened the public hearing at 9:33 p.m. Steve Isbell, applicant, presented this item and briefed City Council. Gary Lecocg, 5113 Roberts Road, spoke in support of the zoning request. There were no other present wishing to speak and Mayor Kelly closed the public hearing at 9:46 p.m. Mayor Pro Tem Taylor asked Mr. Lecocg about the private/public road issue. Mr. Lecocg replied Roberts Road has 25 feet of public access and 25 feet of private access. City Council Minutes September 1, 2015 City of Colleyville Page 15 Mayor Pro Tem Taylor asked Mr. Lecocg about his slide which reads, “We are being forced to give the city over $500,000 of property for free to expand the road from 16’ to 75’.” Mr. Lecocg replied yes, we are required to give the right-of-way, not optional. He stated for all three properties it is $500,000. Mayor Pro Tem Taylor asked Mr. Lecocg about his slide which reads, “Accept our offer of $500,000 of our property for the road (end the battle over the road).” Mr. Lecocg replied accept this development and you would be accepting our offer of the property for the road. Mayor Pro Tem Taylor stated the right-of-way is being dedicated under the provisions of the Land Development Code. Mr. Lecocg replied yes, we are giving you the road. Mayor Kelly asked Mr. Lecocg about the width of the roadway. Mr. Lecocg replied the width would be 37.5 feet. Mayor Kelly stated he believed the applicant is proposing to dedicate less than 37.5 feet. Mr. Lecocg replied there are two easements. Councilmember Mogged asked staff about the proposed new right-of-way. Engineer Hutt replied the current Master Thoroughfare Plan allows for a 75 foot right-of-way with a 42 foot pavement width. He stated a reduction in the right-of- way width would accommodate the reduced pavement width. Councilmember Mogged asked staff if any other new subdivision would be accommodated with this pavement width with a reduced right-of-way. Engineer Hutt replied yes, a standard parkway with pedestrian elements. Mayor Kelly asked staff about the pavement width for Fox Meadows. Engineer Hutt replied around 30 feet, with Grapevine to the north being the same. Councilmember Putnam asked staff if there are any plans to rehab Roberts Road. Mayor Kelly answered no, not currently. Mayor Pro Tem Taylor asked staff what would be the width of Robert’s Road if it were to be reconstructed. Engineer Hutt replied the applicant is proposing a 50 foot pavement width. Mayor Pro Tem Taylor asked staff if that width would include the church’s property. Engineer Hutt replied it is what would be dedicated for the frontage of this proposed development. Councilmember Short asked staff if the dedication would be to the road centerline. Engineer Hutt replied correct. City Council Minutes September 1, 2015 City of Colleyville Page 16 Mayor Pro Tem Taylor asked staff if theoretically we would have more than 20 feet. Engineer Hutt replied yes. Mayor Pro Tem Taylor asked Mr. Isbell if there would be any landscaping between the slip lane and the curb in the road. Engineer Hutt replied yes, he believed so. Mr. Isbell replied yes, but there would be no shrubs or ground cover so access is maintained. Councilmember Mogged asked Mr. Isbell if the slip road would be similar to the Martin Parkway slip road with no physical site barrier. Mr. Isbell replied not knowing about a physical site barrier, but there will not be anything emergency access has to climb over. Mayor Pro Tem Taylor asked Mr. Isbell if there is any opposition. Mr. Isbell replied no, none that he knows about. Mayor Kelly asked staff if emergency vehicles will use the slip road and if it will be adequate for access. Fire Marshal Rob McKeown replied staff reviewed the slip road and stated they are not reliable for emergency access. He stated there is usually a physical barrier between the main road and the slip road. He stated staff has asked the developer that there be no physical barrier between the two roads, such as trees or tall shrubs. He stated the width of the slip road will not be sufficient for staging purposes for emergency access; therefore, Roberts Road would be used for staging purposes. Mayor Pro Tem Taylor asked staff if a fire can be attacked from Roberts Road over trees. Marshal McKeown replied it would depend on the height of the trees aerial operations could be hindered. He stated hose could be pulled for the initial attack lines. Mayor Kelly asked staff about the Planning and Zoning Commission recommendations. Director Nusser explained the Planning and Zoning Commission recommendations. Mayor Kelly asked staff about the open space calculations, in that the applicant states 28 percent open space; however, the briefing states 17.3 percent. Director Nusser replied correct; the applicant is proposing to subtract the right-of-way dedication and use a net calculation. She stated the Land Development Code requires a gross calculation that includes the right-of-way. Mayor Kelly asked staff about density, the applicant states 4.5, and the exhibits indicate 6.4. Director Nusser replied the proposed gross density is 4.6 and the net density is 6.4. Mayor Kelly asked Mr. Isbell about the landscaped areas for the residences. Mr. Isbell replied it has not been contemplated at this time. City Council Minutes September 1, 2015 City of Colleyville Page 17 Mayor Kelly asked staff if a landscape plan for the homes is required. Director Nusser replied it is something that has been included in certain projects, but not consistently in all projects. Mayor Kelly stated he believes it is in the planning objectives in the briefing packet. Mr. Isbell replied it must be an older planning objective. Director Nusser replied it could be an older version. Mayor Kelly replied he would like this updated for the second reading. Mayor Kelly asked staff if the planning objectives speak to trees in the front yard. Director Nusser replied it does not. Mayor Kelly stated he would prefer masonry fencing instead of wood fencing, due to the maintenance of wood. Mayor Pro Tem Taylor concurred. Mayor Kelly stated he believes all of the houses in the area are 100 percent masonry; therefore, he would prefer the 100 percent masonry to mirror what is in the existing neighborhoods. Mayor Kelly asked Mr. Isbell if he will be the builder. Mr. Isbell replied no. Mayor Pro Tem Taylor asked Mr. Isbell if there is about 50 foot from the curb of Roberts Road to an actual structure. Mr. Isbell replied yes. Mayor Pro Tem Taylor stated the front landscaping should be dressed up. Mr. Isbell stated the landscaping will be the responsibility of the builder. Mayor Pro Tem Taylor agreed, and added it needs to look nice. Mayor Kelly asked Mr. Isbell if those items can be incorporated into the ordinance. Mr. Isbell replied yes. Director Nusser asked City Council for clarification about one or two trees in the front yard. Mayor Kelly stated he had no preference. Councilmember Wollin stated she has concerns about the mailboxes being on a shared pedestal. Mayor Kelly stated that may be a US Post Office regulation. Councilmember Mogged stated he likes what is being done, in general. Mr. Isbell stated staff has helped him with the slip road idea. Mayor Kelly stated the open space depicted looks to exceed 25 percent. Director Nusser explained the open space depicted on the exhibit does not exceed the 25 percent regulation. City Council Minutes September 1, 2015 City of Colleyville Page 18 Mayor Kelly stated the retention and detention area needs to be defined. Director Nusser stated the area defined meets the code requirements. This was a first reading; therefore, City Council did not take any action. 6c Ordinance O-15-1965 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2016 (FY 2016) Budget Mayor Kelly read the caption of Ordinance O-15-1965. Strategic Services Manager Adrienne Lothery presented this item and briefed City Council. Mayor Kelly opened the public hearing at 10:17 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:17 p.m. Mayor Kelly asked staff if the revenues are generated solely by the ½ cent sales tax on Colleyville retail. Manager Lothery replied yes. Mayor Kelly asked staff about the use of these funds. Manager Lothery replied these funds may be used for operational and promotional costs limited to economic development, but primarily for the Library, Colleyville Center, and Parks purposes. Councilmember Wollin stated the use of the funds for the capital improvements for the Colleyville Center will help to draw in more clients and will be a long term benefit. Manager Lothery replied correct. This was a first reading; therefore, City Council did not take any action. 6d Ordinance O-15-1966 Amending Ordinance O-14-1929 relating to the Fiscal Year 2015 budget Mayor Kelly read the caption of Ordinance O-15-1966. Strategic Services Manager Adrienne Lothery presented this item and briefed City Council. Mayor Kelly opened the public hearing at 10:30 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:30 p.m. City Council Minutes September 1, 2015 City of Colleyville Page 19 Mayor Kelly asked staff if this ordinance designates a specific place for those funds to be used. Manager Lothery concurred. This was a first reading; therefore, City Council did not take any action. 6e Ordinance O-15-1967 Adoption of the proposed Fiscal Year 2016 (FY 2016) budget Mayor Kelly read the caption of Ordinance O-15-1967. Strategic Services Manager Adrienne Lothery presented this item and briefed City Council. Mayor Kelly opened the public hearing at 10:33 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:33 p.m. Mayor Kelly asked staff about the sources in which anyone can view the budget documents. Manager Lothery replied the Finance Department’s page on Colleyville’s website, by viewing paper copies, or by discussing any concerns or citizens’ questions about the budget with staff. This was a first reading; therefore, City Council did not take any action. 6f Ordinance O-15-1968 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2016 (FY 2016) Mayor Kelly read the caption of Ordinance O-15-1968. Strategic Services Manager Adrienne Lothery presented this item and briefed City Council. Mayor Kelly opened the public hearing at 10:36 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:37 p.m. This was a first reading; therefore, City Council did not take any action. 6g Ordinance O-15-1969 Approval to amend various sections of the Colleyville, Texas, Code of Ordinances, setting fees and charges for City services Mayor Kelly read the caption of Ordinance O-15-1969. City Council Minutes September 1, 2015 City of Colleyville Page 20 Strategic Services Manager Adrienne Lothery presented this item and briefed City Council. Mayor Kelly opened the public hearing at 10:43 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:43 p.m. Councilmember Mogged asked staff if there is a charge for political signs or charitable organization signs in the temporary sign section. Manager Lothery replied correct, there is no fee. This was a first reading; therefore, City Council did not take any action. 6h Ordinance O-15-1970 Approval to amend Ordinance O-04-1446 to include non-voting liaison appointments to the Parks and Recreation Advisory Board Mayor Kelly read the caption of Ordinance O-15-1970. City Secretary Amy Shelley presented this item and briefed City Council. Mayor Kelly asked staff if this is being amended by an ordinance because the Parks and Recreation Advisory Board was originally established by an ordinance. City Secretary Amy Shelley replied yes. Mayor Kelly opened the public hearing at 10:45 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:45 p.m. This was a first reading; therefore, City Council did not take any action. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-15-3898 Consideration of a waiver request to the sidewalk requirements on Lot 7, Block 3, of the Brighton Oaks subdivision located at 4204 Allendale Street, Case GC15-004 Mayor Kelly read Resolution R-15-3898 in its entirety. City Engineer Jeremy Hutt presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 7:58 p.m. City Council Minutes September 1, 2015 City of Colleyville Page 21 Larry Ramirez, 4204 Allendale Street, the applicant and property owner, presented this item and briefed the City Council. The following person did not wish to speak, but did wish to register her support for this item: Julie White, 2904 Hickory Hill, Colleyville. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:03 p.m. Councilmember Coplen asked staff about the new structures in the subdivision, and why sidewalks were not put in place. Engineer Hutt replied prior to 2013, the policy was different, and in this particular neighborhood, sidewalks were not required. Councilmember Coplen asked staff which policy was in effect in January 2014. Engineer Hutt replied the policy change was to require a sidewalk with all new construction or remodels, escrow options for issues such as trees, existing neighborhoods, or drainage issues to be considered. Mayor Kelly stated there have been instances where the lots have been resold to be reconstructed with a new property owner; however, this is the same property owner, with a special circumstance because of the house fire. He stated he believed the property owner should not have to construct the sidewalk. Councilmember Mogged stated the worst thing to do would be to put in a sidewalk here. Mayor Pro Tem Taylor stated this is a different situation, and it is the property owner. He stated the waiver is doable and warranted. Councilmember Short agreed, and stated there are choices with ones who buy and tear down structures. He stated this property owner did not have a choice in this matter. Councilmember Putnam stated the comprehensive plan being developed explains about character and keeping Colleyville as rural as possible. He stated this neighborhood does not have sidewalks today, and it does not need sidewalks today. He stated he believes the policy is abusive and it should be reconsidered. Councilmember Wollin stated hardships should not be imposed on residents who have lived here for over 15 years. Councilmember Wollin made a motion to approve Resolution R-15-3898. Councilmember Mogged seconded the motion. City Council Minutes September 1, 2015 City of Colleyville Page 22 Councilmember Coplen stated she would like to be able to look at this policy and look at other revenue methods for sidewalks. Mayor Kelly stated this could be discussed further, on a future agenda. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 7b Resolution R-15-3903 Authorizing the abandonment of a portion of the public alley located in the Village at Colleyville development, and authorizing the city manager to execute the abandonment documents Mayor Kelly read Resolution R-15-3903 in its entirety. City Engineer Jeremy Hutt presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 10:48 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:48 p.m. Mayor Pro Tem Taylor made a motion to approve Resolution R-15-3903. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 N. Timberline Drive, spoke regarding the lights being synchronized on SH26; ponds, wildlife, sidewalk width, inspectors being at Hodges, and a new advertisement sign for Hodges on SH26. 9. REPORTS Library Board Meeting Minutes - June 8, 2015 Quarterly investment report for the quarter ended June 30, 2015 There was no discussion of this item. City Council Minutes September 1, 2015 City of Colleyville Page 23 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 1, 2015- READING AND PUBLIC HEARING - RESOLUTION R-15-3904 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Councilmember Coplen moved to adjourn, and Mayor Kelly seconded the motion. The motion carried with the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, Jody Short, and Nancy Coplen Mayor Kelly adjourned the City Council meeting at 10:49 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 15TH DAY OF SEPTEMBER 2015. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary