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HomeMy WebLinkAboutCity Council-Minutes-3/8/2016 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, March 8, 2016 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Update regarding activities and programs from the Colleyville Area Chamber of Commerce PC-2 Presentation and discussion of the City's wellness program PC-3 Discussion of an electronic voting system for the Council Chambers PC-4 Discussion of the March 8, 2016, 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 - Lincoln et al v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Jane Doe v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville City Council Agenda March 8, 2016 City of Colleyville Page 2 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Ricky Texada, Colleyville Covenant Church 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-16-3969 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation of a donation to the Colleyville Public Library for the 2016 Summer Reading Program from the Robert J. & Helen H. Glaser Family Foundation in the amount of $10,000 - by the Colleyville Public Library Foundation, Cecilia Monacelli, President Proclamation in recognition of the Robert J. & Helen H. Glaser Family Foundation – Mayor David Kelly and Library Director Mary Rodne Recognition of achievement for earning a fifth consecutive Texas Municipal League Institute certificate, Councilmember Carol Wollin - Mayor David Kelly Recognition for the City of Colleyville earning the Award of Leadership through the Texas Municipal League Institute - Mayor David Kelly and Councilmember Carol Wollin City Council Agenda March 8, 2016 City of Colleyville Page 3 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-3970 4a Approval of the minutes of the regular City Council meeting of February 16, 2016 4b Approval of the Sign Board of Appeals bylaws 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1975 Consideration of a Special Use Permit for alcohol beverage sales (on- premises consumption) on Lot 23, of the Village at Colleyville Addition, located at 62 Main Street, Case ZC16-001 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-16-1976 Consideration of a zoning change from the R-40-Single Family Residential zoning district to the R-30-Single Family Residential zoning district on Lot 1, Block 1, of the Harden Addition, located at 4916 Behrens Road, Case ZC15-021 6b Ordinance O-16-1977 Consideration of a Special Use Permit for a day care center on Lot 3, Block 6R, of the Woodbriar Estates West Addition, located at 300 West Greenbriar Lane, Case ZC15-023 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-16-3971 Consideration of an appeal to the decision of the Sign Board of Appeals for a variance to certain provisions of Chapter 7 (Sign Regulations) of the Land Development Code, on Lot 3R2, Block A, of the Colleyville Shopping Village Addition, located at 6209 Colleyville Boulevard (The Benefit Link), Case SC15-003 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MARCH 8, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-3972 City Council Agenda March 8, 2016 City of Colleyville Page 4 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, March 4, 2016 by 5:00 p.m. Amy Shelley, TRMC City Secretary A quorum of any Colleyville board, commission, or committee may be present at this meeting. 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 1 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 8, 2016 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on March 8, 2016, at 5:30 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, and Nancy Coplen Absent: Councilmember Jody Short City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Chief Financial Officer Brian Hogan, Human Resources Director Rachel Huitt, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Abra Nusser, Principal Planner Shane Pace, Recreation and Library Director Mary Rodne, Economic Development Director Marty Wieder, Colleyville Center Manager Leslie Hill, Accounting Manager Karen Hines, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley PC-1 Update regarding activities and programs from the Colleyville Area Chamber of Commerce Colleyville Area Chamber of Commerce President Connie Hanner, and Chairman of the Board Matt Eiserloh, presented this item and informed the City Council of Chamber activities. Councilmember Putnam asked Ms. Hanner about the Chamber’s role in the SH26 listening sessions, has some thought been given to how you can assist those businesses? Ms. Hanner replied they are developing a tool kit for businesses to use, whether they are a member or not, with opportunities to help businesses save money on their bottom line. She stated they would stay in contact with the City, as well as TxDOT, so that businesses are heard during those communication opportunities. PC-2 Presentation and discussion of the City's wellness program Human Resources Director Rachel Huitt presented this item and briefed the City Council. Becky Hall and Paige Weaver, Baylor Scott & White, and Julie Richmond, Holmes & Murphy, were also available to answer any questions. City Council Minutes March 8, 2016 City of Colleyville Page 2 Mayor Kelly asked staff if there have been some medical events which have not been related to wellness. Director Huitt replied yes, there have been a few catastrophic events that could not have been averted through wellness. Councilmember Mogged asked staff if we have plateaued, or is there something else. Director Huitt replied we experience good and bad years, especially with significant events. She stated there may be double digit increases next year. She added if it is truly cyclical, then these numbers will decrease in future years. PC-3 Discussion of an electronic voting system for the Council Chambers City Secretary Amy Shelley presented this item and briefed the City Council. Councilmember Coplen stated being interested in a voting system as it would help to shorten the meetings. Councilmember Putnam concurred, and stated a system ensures voter integrity and eliminates any ambiguity with a roll call sequence. Councilmember Coplen stated she would like to see different examples. Mayor Kelly asked staff if the surrounding cities do have a voting system. City Secretary Amy Shelley replied yes. Councilmember Wollin asked staff about errors and how those are recorded. City Secretary Amy Shelley stated she did not know if errors are recorded since systems she has seen, a button actually has to be pushed. Mayor Kelly asked staff about making everyone aware of the “ayes” and “nays”, relative to Charter requirements. City Attorney Matthew Boyle replied the voting results would need to be displayed in the Chambers and on the broadcast. Councilmember Coplen asked staff if you have to have the speaker queuing option. City Secretary Amy Shelley replied no. Mayor Pro Tem Taylor stated he would like to know what the value to the taxpayer would be. He stated he heard consistently, during the comprehensive plan discussions, that citizens in the Chambers could not hear. He stated he believes the sound system needs to be addressed. Councilmember Putnam stated it is voter integrity, and a voting system provides structure. He stated when each speaker votes separately, voting can be influenced by other voters. He stated Colleyville is a minority because we do not currently have a voting system. He stated he believed it is a transparency issue, and for the cost is very minimal in this budget. City Council Minutes March 8, 2016 City of Colleyville Page 3 Mayor Pro Tem Taylor asked Councilmember Putnam about the integrity of voting, when the votes are being recorded and verbally stated. Councilmember Putnam replied he has made the argument. Councilmember Coplen stated it is a time saver, especially with what she has experienced with other meetings she has attended. Councilmember Putnam stated there are times when open discussion takes place, when the vote should take place. Mayor Kelly stated the discussion is allowed. Mayor Pro Tem Taylor stated a point of order can be called at any time. Councilmember Coplen stated being in favor of having the simplest thing, to record the vote but not for discussion. She stated this will simplify moving through the agenda. Mayor Pro Tem Taylor stated the sound system needs to be fixed. Information Systems Manager Chris Pena explained the sound system is currently being audited. Mayor Pro Tem Taylor asked staff about the latest update. Manager Pena replied the equipment has been replaced, and there were improvements to the sound system, but with the recent filling up of the Chambers, the volume has been exposed. Mayor Pro Tem Taylor asked staff about why this was not addressed then. Manager Pena replied staff did ask about it at the time, but it was not discussed at length. Councilmember Putnam stated the question was asked, but we are just now discussing it. Manager Pena stated staff has looked at about five different systems, and we feel we can address something to fit this need. Mayor Kelly stated if we move forward, the sound needs to be addressed first, and the voting system would need to be the simplest, most effective, but the least costly of the taxpayer’s funds. Mayor Kelly asked staff if the Charter currently requires individual voting versus raising their hand with a vote. City Attorney Matthew Boyle replied yes. Mayor Kelly asked staff if hitting a button to vote is acceptable. City Attorney Matthew Boyle replied yes, because it is recordable. Councilmembers agreed to the least costly system without speaker queuing, and with maybe two or three options. City Manager Jennifer Fadden suggested packaging this together with the sound system as it seems there may be some integration. Mayor Pro Tem Taylor stated he would prefer not using the same sound vendor. City Council Minutes March 8, 2016 City of Colleyville Page 4 Mayor Pro Tem Taylor asked staff why the viewers at home have issues hearing the meeting. Manager Pena replied staff works with Verizon and Time Warner Cable when they are made aware of the volume issues. He stated both staff members work together to fix the issues. Councilmember Wollin stated she sometimes has issues with the clarity of the webcast too. PC-4 Discussion of the March 8, 2016, City Council regular agenda items There was no discussion of this item. 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, and Nancy Coplen Absent: Councilmember Jody Short City Manager Jennifer Fadden, Deputy City Manager Chris Fuller, Assistant City Manager/Director of Public Safety Mike Holder, Fire Chief Brian Riley, Assistant Police Chief Robert Hinton, Chief Financial Officer Brian Hogan, Public Works Director Jeremy Hutt, City Engineer Cheryl Taylor, Community Development Director Abra Nusser, Principal Planner Shane Pace, Recreation and Library Director Mary Rodne, Economic Development Director Marty Wieder, Parks Manager Heather Dowell, SH26 Coordinator James Hubbard, 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 - Lincoln et al v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding litigation - Jane Doe v. City of Colleyville City Council Minutes March 8, 2016 City of Colleyville Page 5 Section 551.071 - Legal - Consultation with attorney regarding litigation - Billy McCullough v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Kelly explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 6:39 p.m. and reconvened at 6:40 p.m. INVOCATION: Pastor Kerry Reynolds, Colleyville Covenant Church 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-16-3969 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly stated there are a few spots remaining for the Colleyville Fire Academy, which will be held every Thursday for seven weeks beginning March 10, 2016. Presentation of a donation to the Colleyville Public Library for the 2016 Summer Reading Program from the Robert J. & Helen H. Glaser Family Foundation in the amount of $10,000 - by the Colleyville Public Library Foundation, Cecilia Monacelli, President On behalf of the Robert J. and Helen H. Glaser Family Foundation, Colleyville Public Library Foundation President Cecilia Monacelli, presented a $10,000 City Council Minutes March 8, 2016 City of Colleyville Page 6 donation to the Library for the 2016 Summer Reading Program. Library and Recreation Director Mary Rodne expressed her appreciation to the Robert J. and Helen H. Glaser Family for the annual donation in support of the Summer Reading Program and stated the Summer Reading Program would not be possible without this donation. Proclamation in recognition of the Robert J. & Helen H. Glaser Family Foundation – Mayor David Kelly and Library Director Mary Rodne Mayor David Kelly and Library and Recreation Director Mary Rodne presented the Robert J. and Helen H. Glaser Family Foundation a proclamation in recognition of the support and donations provided by the Foundation. The Robert J. and Helen H. Glaser Family expressed their appreciation for the recognition. Recognition of achievement for earning a fifth consecutive Texas Municipal League Institute certificate, Councilmember Carol Wollin - Mayor David Kelly Mayor Kelly congratulated Councilmember Wollin for being recognized as a Certified Municipal Official, and receiving the Award of Excellence at the Texas Municipal League – Texas Association of Mayors, Councilmembers, and Commissions Elected Officials Conference in Bastrop, February 18-20, 2016. The Certified Municipal Official designation is the highest award one can earn in a given year and acknowledges Councilmember Wollin’s dedication to having earned 72 continuing education units, with two hours of open government training. Councilmember Wollin is one of six Councilmembers or Mayors in the state of Texas to have received the Award of Excellence this year, which recognizes having earned a certificate for five consecutive years from the Texas Municipal League Institute. Recognition for the City of Colleyville earning the Award of Leadership through the Texas Municipal League Institute - Mayor David Kelly and Councilmember Carol Wollin Councilmember Wollin presented Mayor Kelly the Award of Leadership to the City of Colleyville from the Texas Municipal League Institute (TMLI), which recognizes Councilmember Wollin’s achievements for earning a TMLI certificate for five consecutive years. Colleyville is one of six cities in the state to receive the award. 4. CONSENT: READING AND PUBLIC HEARING- Resolution R-16-3970 4a Approval of the minutes of the regular City Council meeting of February 16, 2016 4b Approval of the Sign Board of Appeals bylaws City Council Minutes March 8, 2016 City of Colleyville Page 7 Mayor Kelly read Resolution R-16-3970 in its entirety. Councilmember Mogged asked staff about item 4b. City Secretary Amy Shelley presented this item and briefed City Council. Mayor Kelly opened the public hearing at 7:49 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:49 p.m. Mayor Pro Tem Taylor made a motion to approve Resolution R-16-3970. Councilmember Wollin seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, and Nancy Coplen Absent: 1 – Councilmember Jody Short 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-16-1975 Consideration of a Special Use Permit for alcohol beverage sales (on- premises consumption) on Lot 23, of the Village at Colleyville Addition, located at 62 Main Street, Case ZC16-001 Mayor Kelly read the caption of Ordinance O-16-1975. There were no updates to this item. Mayor Kelly opened the public hearing at 7:50 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:50 p.m. Mayor Kelly made a motion to approve Ordinance O-16-1975. Councilmember Mogged seconded the motion. The motion to approve carried by the following vote: Aye: 6 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, and Nancy Coplen Absent: 1 – Councilmember Jody Short City Council Minutes March 8, 2016 City of Colleyville Page 8 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-16-1976 Consideration of a zoning change from the R-40-Single Family Residential zoning district to the R-30-Single Family Residential zoning district on Lot 1, Block 1, of the Harden Addition, located at 4916 Behrens Road, Case ZC15-021 Mayor Kelly read the caption of Ordinance O-16-1976. Community Development Director Abra Nusser presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 7:56 p.m. Judy Chappell, applicant and property owner, presented this item and briefed the City Council. Kevin Coplon, 4905 Behrens Road, spoke in support of the request. Lisa Pomroy, 4712 Behrens Road, spoke in opposition to the rezoning request with concerns of the preservation of the neighborhood. Homer Hine, 4716 Behrens Court, spoke in opposition to the rezoning request with concerns of the preservation of the neighborhood. Robert Curtis, 4709 Behrens Court, spoke in opposition to the rezoning request with concerns of the preservation of the neighborhood. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to the rezoning request with concerns of the preservation of the rural feel of Colleyville. Ann Hammond, 4801 and 4809 Manning Drive, spoke in opposition to the rezoning request with concerns of the preservation of the neighborhood and rural feel. The following persons did not wish to speak, but did wish to register their opposition of this request: Sabrina Weiss, 4709 Behrens Road; Tracy Glidewell, 1908 Renfro Road; Ann Hammond, 4801 and 4809 Manning Drive; and Ken von Storch, 4713 Behrens Court. The following persons did not wish to speak, but did wish to register their support of this request: John and Amy Arcuri, 2703 Jackson Court; Johnny and Rebekka Reynolds, 412 Riverpath; Nick Lara, 4221 Green Meadow; Madison Young, 2706 Red Oak Court West; Robert and Dana Gallagher, 1301 Chatsworth Court East; Jeff Moore, 2304 Tarleton; Mark and K. Megan Crouser, 2621 Independence Road; City Council Minutes March 8, 2016 City of Colleyville Page 9 Marshall and Margie Ryan, 4208 Cheshire; Thomas and Kelly Peck, 6701 Ethridge Court; John and Elizabeth Zeitlin, 1800 Glade Road; Howard Sr. and Roxanne O’Shell, 5012 Copperglen Circle; Scott Frechette, 6748 St. Moritz Parkway; James Hess, 6740 St. Moritz Parkway; Baylor and Carolyn Peak, 1708 Glade Road; Gene Parks, 2705 Summertree Lane; Mike and Cathy Neece, 1700 Oak Knoll Drive; Terri and Dan Deneui, 4505 Bowman Drive; Joyce McCollough, 4912 Behrens Road; Richard Smith, 4901 Manning; Lacy Bessinakis, 1712 Oak Knoll Drive; Gerald McNutt, 4601 Stafford Drive; Richard and Annella Didier, 1712 Glade Road; Bill Adams, 6301 Edinburgh; Melissa and Jacob Conklin, 6302 Kenshire Drive; AC Kerfe, 4713 Manning; Pete DiBella, 5101 Oak Timbers Court; Jerry Brogdon, 4916 Behrens; Marilyn Novak, 3304 Queensbury Way; Cindi Moore, 2304 Tarleton Avenue; Howard Clinton O’Shell III, 5056 Copperglen Circle; Neil Hart, 1600 Glade Road; Kelye and Cindy Stites, 4501 Bowman Drive; Gregory Ricks, 1604 Glade Road; and Conrade and Jackie Rodgers, 1213 Garry Lynne Drive. Mayor Kelly stated the opposition petition submitted will also be included in the public record. The following persons signed this petition in opposition: W.S. and Sarah Huggins, 4707 Behrens Road; Wes Poole, 4609 Behrens Road; Demetri Jobe, 1916 Renfro Road; Gary and Phyllis Veach, 4709 Manning Drive; Bryce Leigh, 4509 Manning Drive; WM Craig and Elizabeth Cummings, 4800 Behrens Road; Mark Davidson, 4708 Behrens Road; Thomas Cowley, 4604 Behrens Road; Jollie and Rita Pilgrim, 4712 Behrens Road; and Paul and Lisa Pomroy, 4712 Behrens Road. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 8:31 p.m. Mayor Pro Tem Taylor asked staff if the site plan accounts for the improvements to Glade Road. Director Nusser replied it does account for the proposed renovations. Mayor Pro Tem Taylor asked staff about the setbacks between the two lots. Director Nusser replied the minimum side yard setback for the R-30 zoning district is 10 feet. She stated there would be a minimum of 20 feet between houses. Councilmember Coplen asked staff about the mentioning of the grandfathered lots into the R-40. Director Nusser replied she could not speak about the history, but staff can tell when certain structures were built. She stated part of staff’s analysis is to look at the surrounding development patterns and lots. She stated over half of the lots (58 percent) are less than 40,000 square feet within 1,000 feet of this property. Councilmember Mogged asked staff if they know the percentage of lots that meet the R-30 requirements. Director Nusser replied most lots are between 30,000 and 40,000 square feet. She stated there are 77 lots zoned R-40 within 1,000 feet of this property. She stated 45 of those are less than 40,000 square feet. City Council Minutes March 8, 2016 City of Colleyville Page 10 Councilmember Mogged asked staff if that is just the ones south of Glade Road. Director Nusser replied no, it includes the entire 1,000 foot circle around the subject property. Mayor Pro Tem Taylor asked staff if this includes Cranbrook. Director Nusser replied yes. Councilmember Mogged asked staff what the numbers would be for just the portion south of Glade Road. Director Nusser replied not knowing that number; however, 77 lots zoned R-40 within 1,000 feet of this property, with 58 percent of those being less than 40,000 square feet. She added 42 percent of those are at least 40,000 square feet. She stated there are two lots currently zoned R-30, and there are 34 lots currently zoned R-20. She added there are 27 lots less than 40,000 square feet, south of Glade Road, within 1,000 feet of the subject property. Mayor Kelly asked staff which of the lots are less than 40,000 square feet, and that do not meet the R-40 Land Development Code building restrictions. Director Nusser replied it would depend if the property was platted or not. She stated if the property is already platted, they could apply for a building permit, as long as a non-conforming issue is not made worse. She stated if the lot is unplatted, then they would need to plat the property first, and at that point, they would not meet the zoning, if the lot is less than 40,000. Mayor Pro Tem Taylor asked staff how many lots within the area are smaller than what is being proposed, such as Rose Street. Director Nusser replied all of the lots on Rose Street are less than 40,000 square feet, except for three on the east side. Councilmember Coplen stated it is possible the homes down the street were there or built before the R-40 zoning designation. Mayor Pro Tem Taylor stated the two R-30 proposed lots appear to be larger than what is in the proximity, and stated he would not want anything smaller than that. Mayor Kelly stated having a concern of others wanting to do the same, which will lose the identity of the area. Mayor Pro Tem Taylor stated he believed some of the ones that support this change in zoning were against the comprehensive plan. Mayor Kelly stated it meets the guidelines of the comprehensive plan, but does it meet the integrity of the neighborhood? Councilmember Coplen asked Mayor Kelly about the concern with the smaller lots. Mayor Kelly said if the lots are platted, then they can pull a building permit, but if the lot is not platted, then they will have to plat before they can build, and if the lot is smaller than 40,000 square feet, they too, may have to seek a different zoning district. City Council Minutes March 8, 2016 City of Colleyville Page 11 Mayor Pro Tem Taylor stated at one point, the corner lot down the road was denied a zoning change. Mayor Kelly added that many years back Mr. Behrens was denied too. Councilmember Mogged stated it would help him if he actually got the real square footage of the lots in the R-40 zoning. Director Nusser asked if City Council would like within 1,000 feet, and south of Glade Road. Councilmembers stated south of Glade Road, in this distinct neighborhood. Mayor Kelly asked staff to indicate, of the lots showing, what are non-platted lots that would not meet the R-40 conditions. Director Nusser replied staff would not be able to tell that unless they have surveys of the properties; however, she can show which of the R-40 zoned properties are platted, south of Glade Road. She added she can get the square footage of all the lots. Councilmembers agreed. Mayor Pro Tem Taylor asked staff about the distance from the back of the curb to the property line. Director Nusser replied 10 foot building setback from the right- of-way. Councilmember Mogged asked staff if the driveway cuts for the northern property would be Behrens Road or Glade Road. Director Nusser replied the applicant is proposing Behrens Road, and staff has not evaluated the orientation of the lot, if they were to use Glade Road. She stated the access could be noted and restricted on the plat. This is a first reading, therefore City Council did not take any action. 6b Ordinance O-16-1977 Consideration of a Special Use Permit for a day care center on Lot 3, Block 6R, of the Woodbriar Estates West Addition, located at 300 West Greenbriar Lane, Case ZC15-023 Mayor Kelly read the caption of Ordinance O-16-1977. Community Development Director Abra Nusser presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 9:00 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 9:00 p.m. Mayor Kelly asked staff which property the east side retaining wall and fencing sits on. Director Nusser replied the survey does not note the retaining wall or fencing. City Council Minutes March 8, 2016 City of Colleyville Page 12 Mayor Kelly asked staff if the building design factor worksheet could be included, since it is tough to approve a waiver when the current building score is unknown. Director Nusser replied staff will get the owner to provide the worksheet. Mayor Kelly stated being good with leaving the parking as is, if the number of students is based on 70; however, if they can increase their parking, then he is good with them increasing the number of students. Councilmember Wollin asked staff how many students were previously in this building. Director Nusser replied not knowing. Councilmember Wollin stated we do not know if they can even house 100 students. Director Nusser replied the applicant is requesting to have 100 students, and she stated she assumes the number of students is based on City and state licensing and occupancy code requirements. Mayor Kelly asked staff if the number of parking spaces designates the number of students. Director Nusser replied correct. Mayor Kelly stated he is good with increasing the number of students, if they can increase their parking, in the future. This is a first reading, therefore City Council did not take any action. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-16-3971 Consideration of an appeal to the decision of the Sign Board of Appeals for a variance to certain provisions of Chapter 7 (Sign Regulations) of the Land Development Code, on Lot 3R2, Block A, of the Colleyville Shopping Village Addition, located at 6209 Colleyville Boulevard (The Benefit Link), Case SC15-003 Mayor Kelly read Resolution R-16-3971 in its entirety. Community Development Director Abra Nusser presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 9:10 p.m. Lynn Bural, applicant, presented this item and briefed the City Council. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 9:13 p.m. Mayor Pro Tem Taylor asked Mr. Bural why the applicant is not using the logo provided on a letter in the packet. Mr. Bural stated the applicant did not submit that logo for the sign. City Council Minutes March 8, 2016 City of Colleyville Page 13 Mayor Kelly asked staff if the trees in the front are in the right-of-way, and if they will be removed during road construction. Public Works Director Jeremy Hutt replied those trees are likely in the right-of-way, closer to the road, and would be removed during SH26 road construction. Mayor Kelly asked staff if there are other offices in this complex. Director Nusser replied yes. Mayor Kelly asked staff if there are other buildings in this office complex that have this same articulation, and they have signs. Director Nusser replied she believed so. Councilmember Mogged asked Mr. Bural if the three wall spaces are all a part of one office space. Mr. Bural replied the office could be divided; however, the applicant is using the whole building. Mayor Kelly stated he does not see a hardship with this request, given that other businesses have signs on the buildings. Councilmember Putnam stated there are multiple variances with this, and he added being concerned other tenants will want the same. He stated then we have inconsistencies across the board. Councilmember Coplen asked Mr. Bural if the applicant is going to be on the monument sign in the front. Mr. Bural stated not knowing. Councilmember Putnam stated if they used the other logo, it would fit on that one wall section, with maybe a slight variance. Mayor Pro Tem Taylor stated he could not support the current request. Mayor Kelly asked staff if City Council were to continue this, could the applicant amend the sign and waiver request. Director Nusser replied this request is specific to appeal the Sign Board of Appeals decision. Mayor Kelly asked staff if this request is denied, could the applicant come forward with another request. Director Nusser replied not knowing of a hold that would prohibit him from bringing forward another request. Mayor Kelly told Mr. Bural to have the applicant look at the other buildings, and see if they can come up with something different, which may only have one waiver request versus three. Mayor Kelly made a motion to deny Resolution R-16-3971. Mayor Pro Tem Taylor seconded the motion. City Council Minutes March 8, 2016 City of Colleyville Page 14 The motion to deny carried by the following vote: Aye: 6 – Mayor Kelly, Mayor Pro Tem Taylor, Councilmembers Carol Wollin, Chuck Mogged, Chris Putnam, and Nancy Coplen Absent: 1 – Councilmember Jody Short 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathy Hadley, 204 Timberline Drive North, spoke about the following: stakes on Jackson Road; glad to see the business in the Colleyville Downs shopping center; the traffic on SH26, and how it should stay the same, no more lanes; the trains coming through Colleyville, and how Colleyville does not need the train traffic, and Colleyville should support neighboring cities to fight this train issue; and please keep Colleyville country and rural. Bobby Lindamood, 4913 Jim Mitchell Trail West, stated he appreciates the pedestrian buttons on the Cotton Belt Trail crossing, and the same pedestrian buttons should be on the crosswalks on Heritage Avenue. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MARCH 8, 2016 - READING AND PUBLIC HEARING - RESOLUTION R-16-3972 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Councilmember Coplen motioned to adjourn and Mayor Kelly seconded. Mayor Kelly adjourned the meeting at 9:32 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 22ND DAY OF MARCH 2016. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary