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HomeMy WebLinkAboutCity Council-Minutes-11/27/2007"' Clt of Colle V~~~e 100 Main Street ~~;, Y Y Colleyville, Texas 76034 (817) 503-1000 •~~.~.~~ ~ www.colleyville.com ~' Agenda City Council . Tuesday, November 27, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Keep Colleyville Beautiful update and presentation by John Blassingame, Chairman, Keep Colleyville Beautiful PC-2 Discussion of the Street Capital Improvement Work Plan PC-3 Presentation of the Monthly Financial Report -October 2007 PC-4 Presentation of the Quarterly Investment Report PC-5 Discussion of the November 27, 2007 City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 - Legal -Discussion of pending or contemplated litigation -Claim 607 Frontier Court City of Colleyville Page 1 Printed on 11/19/2007 City Council Agenda November 27, 2007 Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former City Hall at 5400 Bransford Road RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Neda Moayad, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-07-2903 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation Recognizing The Salvation Army 2007 Annual Red Kettle Campaign - Captain Roman Leal, The Salvation Army 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2904 4a Approval of the minutes of the regular City Council meeting held on November 6, 2007 4b Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs in an amount not to exceed $126,000.00 4c Approval of a $1,500.00 donation from the David Kelly family for the purchase and installation of cast, painted concrete art for the Colleyville Fire Stations 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1647 Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots 5 and 6, Block 1 of the Thompson Terrace Addition located at 5101-5105 Colleyville Boulevard, Case Z-07-025 City of Colleyville Page 2 Printed on 11/19/2007 City Council Agenda November 27, 2007 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1648 Approval of a request for a zoning change from AG-Agricultural and PUDC-Planned Unit Development Commercial to CC1-Village Retail on Tract 1 F01 and 1 F02, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition located at 1109 Church Street and 5500 Colleyville Boulevard, Case Z-07-033 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2905 Approval of a request for a refund of the sidewalk escrow funds for Lot 2 of the Community Home Addition located at 1500 Cherry Lane, Case G-07-020 7b R-07-2906 Approval of a request for a refund of the sidewalk escrow funds for Lot 2R, Block 1 of the Hilltop Addition located at 5407 Montclair Drive, Case G-07-021 7c R-07-2907 Approval of a request for a refund of the sidewalk escrow funds for Lot 3R, Block 1 of the Peaceful Acres Addition located at 5417 Montclair Drive, Case G-07-022 7d R-07-2908 Approval of a request for a refund of the sidewalk escrow funds for Lot 1, Block 1 of the McCurry Addition located at 5500 Montclair Drive, Case G-07-023 8. TABLED ITEM AND PUBLIC HEARING: 8a 0-07-1645 Approval of a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 108.5 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue, Case Z-07-008 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Colleyville Public Library Board Minutes -September 10, 2007 Historical Preservation Committee Minutes -September 11, 2007 Sign Board of Appeals Mintues -September 11, 2007 Parks and Recreation Advisory Board Minutes -October 1, 2007 Zoning Board of Adjustments Minutes -October 9, 2007 Colleyville Public Library Board Minutes -October 15, 2007 Planning and Zoning Commission Minutes -October 22, 2007 City of Colleyville Page 3 Printed on 11/19/2007 City Council Agenda November 27, 2007 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 27, 2007 -Reading and Public Hearing -Resolution R-07-2909 12. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Tuesday, November 20, 2007, by 5:00 p.m. Cynthia Singleton, TRMC, CMC 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 Printed on 11/19/2007 y.~~~., 100 Main Street .~ -.~-~, City of C o I I eyv i I I e Colleyville, Texas 76034 ':~~~~ t~ L _ (817) 503-1000 Clay Council Minutes www.colleyville.com r, .,- City Council Tuesday, November 27, 2007 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on November 27, 2007, at 5:32 p.m. PC-1 PC-2 Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Lieutenant Rodney Cunningham, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Communications Manager Mona Gandy, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Keep Colleyville Beautiful update and presentation by John Blassingame, Chairman, Keep Colleyville Beautiful There was no discussion of this item. Discussion of the Street Capital Improvement Work Plan Finance Director Terry Leake provided an overview of possible funding sources for the proposed Street Capital Improvement Plan and answered questions of the City Council. City Manager Bill Lindley provided an overview of the Street Capital Improvement Program project list. Finance Director Terry Leake presented financing options for the hardscape and softscape improvements to SH26. Discussion ensued regarding the timeline for the SH26 improvements and the type of traffic and street lighting poles for SH26. City Council requested staff provide cost estimates for metal traffic and lighting poles for the SH26 reconstruction project. Public Works Director Steve Chutchian provided information regarding the priority of projects and intersection improvements. City of Colleyville Page 1 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 City Council commended staff for developing aten-year Street Capital Improvement Plan. PC-3 PC-4 PC-5 Public Works Director Steve Chutchian outlined potential alternative funding sources for the street improvement projects and stated Freese and Nichols assisted with numerous grant applications. Mr. Chutchian further stated an Interlocal Agreement with Tarrant County for the reconstruction of Plantation Drive and Saddlebrook Drive and an air quality and emissions ordinance will be presented to City Council for consideration. Presentation of the Monthly Financial Report -October 2007 Finance Director Terry Leake presented an overview of the October 2007 Monthly Financial Report. Presentation of the Quarterly Investment Report Finance Director Terry Leake presented an overview of the Quarterly Investment Report and answered questions of the City Council. Discussion of the November 27, 2007 City Council regular agenda items There was general discussion regarding agenda item 8a, Ordinance 0-07-1645, regarding the trail width and location, tree preservation during construction, perimeter fencing, drainage design system and commercial development in the proposed development. Mr. Chris Bosco of Freese and Nichols spoke regarding the Cheek Sparger Road and Heritage Avenue intersection, which is located in the City of Euless, and the need for a warrant study for traffic signals. Mayor Kelly stated there would be an opportunity for making a donation to the Salvation Army Red Kettle campaign during the City Council meeting. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 7:02 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on November 27, 2007, at 7:02 p.m. City of Colleyville Page 2 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Library Director Mary Rodne, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/al Henderson Oil & Butane v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 - Legal -Discussion of pending or contemplated litigation -Claim 607 Frontier Court Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former City Hall at 5400 Bransford Road Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071 Legal and Section 551.072 Property. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 7:03 p.m. and reconvened at 7:31 p.m. INVOCATION: Farrah Hamrai, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 3 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-07-2903 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Wollin invited citizens to attend the Celebrate Colleyville event to be held December 1, 2007, 1:00 p.m. to 6:00 p.m. at the Colleyville Center. The festivities include fields of snow, Santa Claus arriving in a vintage fire engine, afour-story holiday slide, Matterhorn climbing wall, the holiday express train, holiday shopping, Radio Disney live broadcast, pony rides and local entertainment. Councilmember Wollin invited citizens to attend the Colleyville Womans Club Holiday Home Tour to be held December 2, 2007. The proceeds from the event benefit local charities, the Colleyville Center and the Colleyville Public Library. Councilmember Wollin invitied citizens to attend the Colleyville Public Library Holiday Open House on December 8, 2007. Mayor Kelly invited citizens to enjoy "Breakfast with Santa" sponsored by the Colleyville Lions Club on December 1, 2007, 7:00 a.m. to 11:00 a.m. at the Colleyville Center. Mayor Kelly presented a Proclamation recognizing the Red Kettle Campaign to Captain Roman Leal, of the Salvation Army. Captain Leal expressed appreciation to the City Council and the community for their support and encouraged City Council to fill the kettle. Mayor Kelly encouraged citizens to support the Salvation Army, whose services benefit the community. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2904 4a Approval of the minutes of the regular City Council meeting held on November 6, 2007 4b Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs in an amount not to exceed $126,000.00 City of Colleyville Page 4 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 4c Approval of a $1,500.00 donation from the David Kelly family for the purchase and installation of cast, painted concrete art for the Colleyville Fire Stations Mayor Kelly read Resolution R-07-2904 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-07-2904. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1647 Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots 5 and 6, Block 1 of the Thompson Terrace Addition located at 5101-5105 Colleyville Boulevard, Case Z-07-025 Mayor Kelly read the caption of Ordinance 0-07-1647. Community Development and Business Strategies Director Chris Fuller stated the applicant agreed to remove the concrete ramp before a Certificate of Occupancy is issued for the business and is in the process of obtaining approval from the Texas Department of Transportation for the proposed driveway entrances to the property. Mayor Kelly opened the public hearing. Mr. Evan Shaw, 2722 Hidden Lake Drive, Grapevine, Texas, stated he is working with the Texas Department of Transportation for approval of the driveway entrances. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-07-1647. City of Colleyville Page 5 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1648 Approval of a request for a zoning change from AG-Agricultural and PUDC-Planned Unit Development Commercial to CC1-Village Retail on Tract 1 F01 and 1 F02, Abstract 937 of the Nancy B. Looney Survey and Lot 2, Block 1 of the Starbucks Addition located at 1109 Church Street and 5500 Colleyville Boulevard, Case Z-07-033 Mayor Kelly read the caption of Ordinance 0-07-1648. Community Development and Business Strategies Director Chris Fuller provided an overview of the request and stated the Planning and Zoning Commission and staff recommends approval. Mayor Kelly opened the public hearing. Mr. Mark Howe, 3100 Carisbrook Court, representing the applicant, provided information regarding the development of the property and answered questions of the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing. There was general discussion regarding the timeline for the completion of Church Street and development of the property. City Manager Bill Lindley stated under the Land Development Code, property can be zoned without public infrastructure streets being there but to get a building permit, the property must front on a publically approved street. So in the off chance that Church Street was delayed, prior to the point that the developer was able to restructure their purchase of the property, then he would be required to extend a temporary roadway north to Church Street at his cost. City of Colleyville Page 6 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2905 Approval of a request for a refund of the sidewalk escrow funds for Lot 2 of the Community Home Addition located at 1500 Cherry Lane, Case G-07-020 Mayor Kelly read Resolution R-07-2905 in its entirety. Community Development and Business Strategies Director Chris Fuller provided an overview of the request and outlined the options for City Council's consideration. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. There was general discussion regarding the development of the neighborhood, the future need and desire for sidewalks and funding sources and the Colleyville Trails and Sidewalks Committee recommendation for the construction of sidewalks. Mayor Kelly moved to deny Resolution R-07-2905. Councilmember Hendler seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Mike Taylor Nay: 2 -Jon Ayers, Tom Hart City Council requested a review and discussion of The Land Development Code related to the sidewalk escrow fund. 7b R-07-2906 Approval of a request for a refund of the sidewalk escrow funds for Lot 2R, Block 1 of the Hilltop Addition located at 5407 Montclair Drive, Case G-07-021 Mayor Kelly read Resolution R-07-2906 in its entirety. Community Development and Business Strategies Director Chris Fuller provided an overview of request and stated staff recommends denial. City of Colleyville Page 7 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. There was general discussion regarding the current sidewalk escrow and sidewalk construction requirements and the desire to review the Land Development Code related to the escrow requirements. Councilmember Hart moved to deny Resolution R-07-2906. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor Nay: 1 -Jon Ayers 7c R-07-2907 Approval of a request for a refund of the sidewalk escrow funds for Lot 3R, Block 1 of the Peaceful Acres Addition located at 5417 Montclair Drive, Case G-07-022 Mayor Kelly read Resolution R-07-2907 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Wollin moved to deny Resolution R-07-2907. Councilmember Licata seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor Nay: 1 -Jon Ayers 7d R-07-2908 Approval of a request for a refund of the sidewalk escrow funds for Lot 1, Block 1 of the McCurry Addition located at 5500 Montclair Drive, Case G-07-023 Mayor Kelly read Resolution R-07-2908 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 8 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Licata moved to deny Resolution R-07-2908. Councilmember Hendler seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor Nay: 1 -Jon Ayers 8. TABLED ITEM AND PUBLIC HEARING: 8a 0-07-1645 Approval of a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 108.5 acres out of the Elizabeth Cox Survey, John H. Havens Survey and the Jesse Doss Survey located in the 4900 block of Heritage Avenue, Case Z-07-008 Mayor Kelly read the caption of Ordinance 0-07-1645. Community Development and Business Strategies Director Chris Fuller provided an overview of the revised conceptual site plan and stated staff recommends approval with the conditions outlined in the proposed ordinance. Mayor Kelly reopened the public hearing. Mr. W. J. Shepherd, P.O. Box 334, Burleson, Texas, applicant, introduced Mr. Kevin Kessler of Carter and Burgess, 7950 Elmbrook Drive, Dallas, Texas. Mr. Kessler presented the revised conceptual site plan. Ms. Rebecca Hall, 4916 Prestwick Drive, spoke in favor of the proposed , ordinance. Mr. Terry Hanson, 4904 Prestwick Drive, commended City Council for the revised proposed ordinance and spoke in favor of the proposed ordinance. Mr. John Gray, 3300 Pembrooke Parkway South, representing the Woodland Hills Homeowner Association, spoke in favor of the proposed ordinance. Ms. Sharon Baron, 3402 Cambridge Court, spoke regarding the impact of the proposed development on drainage, traffic flow, emergency City of Colleyville Page 9 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 response time and school population and requested a decrease in density. Mr. Gary Malone, 4605 and 4609 Wendall Court, spoke in favor of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the viability of residential development near the commercial property and trail construction and maintenance. City Attorney Matthew Boyle suggested the following be included to Section 4.6a: "Such trails shall be included as part of any site plan submittal and shall be consistent with the City's then existing Master Trail Plan. Mr. Shepherd spoke regarding the construction of bridges along the trail. Mr. Boyle further stated, the language that I have been mentioning stipulates that the trail, and whatever final configuration it is, shall be approved as part of a site plan. Additional language that I will suggest to you relative to the site plan component leaves it in the Council's sole and final legislative hands to determine the exact alignment of the trail and right of way. Mr. Boyle reviewed five areas that Council may want to consider: Item number one in Section 4.1a, there had been some discussion that there has been some ambiguity relative to the total number of entitled lots. The City Council may want to consider adding a clause at the end of Section 4.1 a that says there shall be no more than 269 single family residential lots and that's on the high end of his two alternatives that he's included in his latest concept. The second item Mayor and Council, there has been some discussion at the last meeting and this meeting relative to a concept plan versus a detailed site plan versus a site plan that the developer has submitted that is not otherwise consistent with the language in the current draft ordinance. I would propose a fix to that as follows: Section 4.2 of the draft Ordinance, the heading would be revised to include conceptual plan, site plan and platting. And then it would be: The development shall be generally consistent with this Ordinance, and the conceptual site plan, labeled as Exhibit "C", shall not be considered a plat. City of Colleyville Page 10 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 Thereafter, I would propose the Council consider additional language: The developer shall submit and receive approval from the City any amendments to the site plan in accordance with the phasing of the development prior to the development of any portion of this PUDR. A detailed site plan submission shall at a minimum meet the requirements of Section 3.23 J.K.6 of the Land Development Code and be consistent with this ordinance and may also be required to show additional conditions as provided in Section 3.23 M.b. of the Land Development Code. Further, such detailed site plans shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. And what that language will effectively do, is say if and when a developer brings in a revised site plan to tie down some of the details that aren't currently tied down, that gives the Council full site plan discretion and review authority at that particular time. The next area that I have relates to the landscape buffer, the 10 foot landscape buffer, addressed in Section 4.5a of the Ordinance. I would propose the header on Section 4.5 be revised to add: and landscape buffer, after open space, and I want to encourage the Council to consider proposed additional language at the end of Section 4.5a. Such landscape buffer is not an open space lot, it goes on further, Chapter 5 of the Land Development Code applies to this landscape buffer in particular and the development in whole. In addition, Section 5.9 Tree Replacement Requirements, of the Land Development Code, shall apply to any replacement tree greater than 3 inches in diameter, which is substantially damaged or which dies within 2 years of final inspection. Section 4.6a, which we had previously discussed, relates to the trail. Based on the discussion, you would leave the first sentence as is, with the sole addition being "prior to the time of Final Plat." So that trail construction shall be along with all other public improvements and shall be completed prior to the time of Final Plat. Relative to the trail width, a new clause: The City Manager or his designee may approve a trail width of eight feet, if necessary, based on topographic landscape or other issues. And an additional new sentence that I've discussed earlier: Such trail shall be included as part of any site plan submittal and shall be consistent with the City's then existing Master Trail Plan. Regarding Section4.7a, you may wish to consider relative to what the masonry wall standards are going to be and as much as the developer does not have detailed standards proposed and instead just has concept pictures. You may consider adding the following sentence to Section 4.7a: The standards for such walls shall be included as part of the City of Colleyville Page 11 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 detailed site plan. And that means if and when you've got an amended site plan or a new site plan, they would be required to provide those details to exactly tie down and nail down what the format of the wall would be. There was general discussion regarding the quality and aesthetics of the perimeter wall. City Manager Bill Lindley suggested that City Council may want to consider requiring a geo tech report of the perimeter wall to determine the structural integrity of wall. City Attorney Matthew Boyle suggested the following language may be included in the proposed ordinance: The design of such wall shall be a stamped and sealed design approved by an engineer. There was general discussion regarding the preservation of trees during construction, the timeline for damaged or destroyed trees to be replaced by the developer, drainage issues and intersection service levels. Public Works Director Steve Chutchian provided information regarding the process to insure the developer incorporates an engineering design to address any drainage issues. Mr. Chris Bosco, Freese and Nichols, spoke regarding the Glade Road and Heritage Avenue intersection service levels. City Council requested staff discuss a cooperative effort with the City of Euless for Heritage Avenue and Cheek Sparger Road intersection improvements. Mayor Pro Tem Ayers moved to approve Ordinance 0-07-1645, incorporating language recommended by the City Attorney. Mayor Kelly seconded the motion. City Attorney Matthew Boyle reviewed the recommended revisions to the proposed ordinance: Section 4.1 a There shall be no more than 269 single family residential lots. Section 4.2a Adding to the heading site plan between conceptual plan and platting. Existing sentence: The development shall be generally consistent with this ordinance, and the conceptual site plan. City of Colleyville Page 12 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 New sentence: The developer shall submit and receive approval from the City for any amendments to the site plan in accordance with the phasing of the development prior to the development of any portion of this PUDR. A detailed site plan submission shall at a minimum meet the requirements of Section 3.23 J.K.6 of the Land Development Code be consistent with this ordinance and may also be required to show additional conditions as provided in Section 3.23 M.b. of the Land Development Code. Further such detailed site plans shall be considered as a legislative approval, subject to the sole discretion of the City Council upon the recommendation of the Planning and Zoning Commission. Section 4.5a Add landscape buffer to the heading. Add to the end of 4.5a the following: Such landscape buffer is not an open space lot. Chapter 5 of the Land Development Code applies to this landscape buffer in particular and the development in whole. In addition, the Section 5.9 Tree Replacement Requirements, of the Land Development Code, shall apply to any replacement tree greater than 3 inches in diameter which is substantially damaged or which dies within two years of final inspection. Section 4.6a Add to the end of the first sentence: The trail shall be constructed along with all other public improvements as part of this development between Glade Road and Cheek Sparger Road and prior to the time of final plat. New clause that we discussed would be: The City Manager or his designee may approve a trail width of eight feet if necessary based on topographic landscape or other issues. New sentence that was originally discussed: Such trail shall be included as part of any site plan submittal and shall be consistent with the City's then existing Master Trail Plan. Section 4.7a New option sentence that was discussed first is: The design for such wall shall be stamped and sealed by a licensed engineer and then the new sentence that we discussed at the time: The standards and details for such walls shall be included as part of the detailed site plan. City Attorney Matthew Boyle stated this includes all of the language and both of the two additional options that were discussed during Council deliberation. Mayor Kelly seconded the motion. City of Colleyville Page 13 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 Councilmember Licata made a friendly amendment to Section 4.6a: The City Manager or his designee may approve a reduced trail width of eight feet, if necessary, based on topographic landscape or other issues. Mayor Pro Tem Ayers and Mayor Kelly accepted the friendly amendment. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 10. REPORTS: Colleyville Public Library Board Minutes -September 10, 2007 Historical Preservation Committee Minutes -September 11, 2007 Sign Board of Appeals Mintues -September 11, 2007 Parks and Recreation Advisory Board Minutes -October 1, 2007 Zoning Board of Adjustments Minutes -October 9, 2007 Colleyville Public Library Board Minutes -October 15, 2007 Planning and Zoning Commission Minutes -October 22, 2007 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 27, 2007 -Reading and Public Hearing -Resolution R-07-2909 This resolution was not needed. 12. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Taylor seconded motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 14 Printed on 12/5/2007 City Council City Council Minutes November 27, 2007 Mayor Kelly adjourned the meeting at 9:29 p.m. APPROVED BY A VOTE OF ~~ AYES, p NAYS ANp C7 ABSTENTIONS ON THIS THE _~~_ DAY OF~,,,~,~~L„J 2007. Minutes taken and prepared b Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 15 Printed on 12/5/2007