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HomeMy WebLinkAboutCity Council-Minutes-2/6/2012~% `~~"~ City of Colleyville ~ COLLEYVILLE City Council ,~„~. ,~~~ ~~ ~,~~~,, Ag e n d a I E X A ~ City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesdav, December 6, 2011 Citv Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Economic Development Update PC-2 Presentation of the quarterly investment report PC-3 Discussion of the December 6, 2011 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 regarding subdivisions and zoning Section 551.072 - Rea! Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay, or expand RESUME REGULAR MEETING 7:30 P.M. City Council Chambers INVOCATION: Pastor Patrick Garcia, Compass Christian Church 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- 11-3430 ~~ "T 8 ,} ' y. .,. . ,~... , i , ~ . ,n K fi ~ ' ' ., . ~ ~ .. ;,: .. ~- ..~, .~ _.. P .. ~ ~ , ,.. ,~ , . . ~,, . , .~ . ~ . City Council Agenda December 6, 2011 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Recognition of employees' years of service Recognition of employee achievements Recognition of the City of Colleyville 2011 Texas Municipal League Excellence Award for Management Innovations by Senator Wendy Davis - Mayor David Kelly 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3431 4a Approval of the minutes of the regular City Council meeting of November 15, 2011 4b Approval to nominate Mayor David Kelly to serve on the North Central Texas Council of Governments (NCTCOG) Emergency Preparedness Planning Council (EPPC) 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-11-1813 Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZC11-019 5b O-1i-1814 Approval of a request to rezone 0.8 acres from CN-Neighborhood Commercial to PUD-C-Planned Unit Development Commercial on Lot A1, Block 1, Highland Acres Addition located at 412 Timberline Drive North, Case ZC11-020 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-11-1815 Approval of a request for a Special Use Permit for a convenience store with gasoline sales and alcoholic beverage sales - off-premise consumption on Lot 1R, Block 1 of the Davidson Addition located at 3900 Colleyville Boulevard, Case ZC11-022 ~ x. - # »9 ~ fu Citv Council Aaenda December 6. 2011 6b 0-11-1816 Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the Village Front Door Addition located at 5204 and 5232 Colleyville Boulevard, Case ZC11-021 6c 0-11-1817 Approval of request for a Special Use sales on Lot 1, Block 1, of the Kroger Boulevard, Case ZC11-025 6d 0-11-1818 Permit for off-premise beer and wine Addition, located at 4904 Colleyville Consideration of amendments to Chapter 6-Building Design in the Land Development Code, Case GC11-008 6e 0-11-1819 Consideration of amendments to Chapter 3.1-Oil and Gas Well Drilling and Production in the Land Development Code, Case GC11-007 6f 0-11-1820 Approval of amendments to the Future Land Use map of the Colleyville Master Plan for Lot A1, Block 1 of the Highland Acres Addition from a Single Family Land Use Designation to a Institutional Land Use Designation 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-11-3432 Approval of a perimeter street fee waiver request on Lot 1, Block 1, of the Maciley Addition located at 2800 Glade Road, Case GC11-006 7b R-11-3433 Approval of the Parks, Recreation and Open Space Master Plan 7c R-11-3434 Consideration of appointment to the Tax Increment Financing District Board 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Colleyville Center Advisory Committee Minutes - August 1, 2011 Sign Board of Appeals Minutes - August 9, 2011 Senior Center Advisory Committee Minutes - September 15, 2011 Planning and Zoning Commission Minutes - October 24, 2011 City Council Agenda December 6, 2011 Planning and Zoning Commission Minutes - November 14, 2011 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 6, 2011 - Reading and Public Hearing - Resolution R-11-3435 il. ADJOURNMENT I hereby certi this a o ted on City Hall bulletin boards December z, Z011, by 5; 30 p, n < , ~ thia Singletan, 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 wil/ be made to assist you. ~~~~ .~ 7 ~ ,. ,rfi" ' kP,... , . ,:'.~~- ... r ..3 q * . ~,. ~' I'~ °F Cit of Coile ville ~- y y ~ity Hall COLLEYVILLE C~ty CQUnC~~ 100 Main Street l.k^ Colleyville, Texas 76034 ?_ ~`~~; M ~ n ute$ 817. 503.1000 www.colleyville.com Tuesday, December 6, 2011 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on December 6, 2011, at 5:36 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Communications and Marketing Director Mona Gandy, Finance Manager Karen Hines, Police Chief Michael Holder, Police Lieutenant Rodney Cunningham, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Community Development Director Ron Ruthven, Fire Chief Russell Shelley, Parks and Recreation Director Monica Walsh, Human Resources Manager Elise Welborn, Economic Development Director Marty Wieder, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Cynthia Singleton were also present. PC-1 Economic Development Update Economic Development Director Marty Wieder provided an economic development update including information regarding new businesses; SCORE business counseling services; Colleyville CloseBuy.com; marketing and promotion efforts; services to assist restaurants and retail, C-STAR/R, certification program for restaurateurs; the partnership with Catalyst to communicate the merchandising plan; matching grant incentive program; booth presence at expos and conferences; Colleyville as a medical destination; future economic outlook; and answered questions of the City Council. PC-2 Presentation of the quarterly investment report Assistant City Manager and Chief Financial Officer Terry Leake presented the quarterly investment report and answered questions of the City Council. 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 regarding subdivisions and zoning City Council Minutes December 6, 2011 Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay, or expand 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 item. The meeting was recessed at 6:12 p.m. and reconvened at 7:46 p.m. INVOCATION: Pastor Patrick Garcia, Compass Christian Church 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-11- 3430 Mayor Kelly read Resolution R-11-3430 in its entirety. Economic Development Director Marty Wieder stated the City Council has made a long term commitment to economic development and the last Citizen Survey indicated citizens want the City to attract and retain quality restaurants. Mr. Wieder provided a history of the property at 5150 Colleyville Boulevard, information regarding the proposed restaurant, The Londoner, the restaurant owner, proposed building improvements and rebranding of the property, projected taxable sales, and stated the owner wishes to execute an agreement with the City for a performance- based loan. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the repayment timeline for the loan. Director Wieder stated the City has the benefit of a number of the owner's assets to serve as a guarantee for the loan. Councilmember Short moved to approve Resolution R-11-3430. Mayor Pro Tem Hart seconded the motion. ~q~ .», ,. ' .~ . ,~~ w ~ n.,,,~,. :, , .~ .. , :.~ . . .,~ ~ City Council Minutes December 6, 2011 Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, Carol Wollin, Stan Hall, Jody Short, Mike Taylor Nay: Michael Muhm 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Wollin commended staff inembers Toni Oyler and Detective Cheryl Womack of the Police Department for coordinating and conducting the Rape Aggression Defense (RAD) System training, which is a program of realistic self- defense tactics and techniques for women. Ms. Wollin further stated the class would be offered again January 11, 2012 and information is available from the Police Department. Mayor Kelly recognized Jennifer Britton, Library; Toni Oyler and Clay Williams, Police Department for one year of service; Bill Elliott, Community Development and Ky Roby, Code Enforcement for five years of service, and Mark Cantrell and Kenny Phillips, Fire Department, for fifteen years of service. Mayor Kelly, on behalf of the Colleyville City Council and residents, expressed appreciation for the employees' dedication and hard work toward making this a great community. Mayor Kelly recognized Amy Matthews, Recreation Specialist, for becoming a Certified Parks and Recreational Professional. Mayor Kelly presented a Proclamation from Senator Wendy Davis to Police Chief Michael Holder, Fire Chief Russell Shelley and Program Coordinator Toni Oyler in recognition of the City receiving the 2011 Municipal Excellence Award for Management Innovations from the Texas Municipal League. The City earned the prestigious honor for creating a partnership with neighboring cities to develop a regional dispatch center, which increases efficiency and reduces costs. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-11-3431 4a Approval of the minutes of the regular City Council meeting of November 15, 2011 4b Approval to nominate Mayor David Kelly to serve on the North Central Texas Council of Governments (NCTCOG) Emergency Preparedness Planning Council (EPPC) Mayor Kelly read Resolution R-11-3430 in its entirety. City Council Minutes December 6, 2011 Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-11-3430. Councilmember Wollin seconded the motion. Mayor Kelly stated after the 911 incident, the North Central Texas Council of Governments created the Emergency Preparedness Planning Council (EPPC) for the purpose of developing emergency preparedness plans and funding. Mayor Kelly stated he has served on the Planning Council for the past four years and expressed appreciation to the City Council for their support. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING ~a 0-11-1813 Approval of a request for a Special Use Permit for a Package Store on Lot 4B, Block 1, of the Brown Trail-West Addition located at 4405 Colleyville Boulevard, Case ZCil-019 Mayor Kelly read the caption of Ordinance 0-11-1813. Community Development Director Ron Ruthven stated this item requires a supermajority vote of City Council since more than 20 percent of the property within 200 feet of the subject property is opposed to the request. Mayor Kelly opened the public hearing. Mr. Mark Assaad ANA Consultants, representing the applicant spoke regarding the history of the business located at 4405 Colleyville Boulevard, building design score, landscaping, parking, traffic flow and access, hours of operation and the competitive market related to convenience stores. Mr. Bill Wilson, 2207 North Center, Bonham, Texas, McCraw Oil Company, representing the applicant, spoke regarding the need for non-fuel revenue sources at convenience stores. .. A,, , ~,~y ~ ~ _ City Council Minutes December 6, 2011 Mr. Emad Mikhail, 4100 Bridlewood Court, spoke in support of the proposed ordinance and regarding the convenience of the store for the purchase of liquor and gasoline. Mr. Youssef Sorial, 4911 Shadowood Road, spoke in support of the proposed ordinance. Mr. Doug Terry, 5712 Colleyville Boulevard, did not wish to speak but wished to record support of the proposed ordinance. Mr. Samir Khalil, 1809 Thames Trail, did not wish to speak but wished to record support of the proposed ordinance. Mr. Elin Ibrahim, 2104 Maplewood Trail, did not wish to speak but wished to record support of the proposed ordinance. Police Chief Michael Holder spoke regarding safety concerns, traffic volume, and proximity of the driveway to the intersection, and pedestrian traffic. Discussion ensued regarding the distance between the business and churches and schools, parking facilities, access to the business, the decline in sales at the business and the right-of-way for the expansion of SH26 related to the business parking space. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-11-1813. Councilmember Short seconded the motion. The motion failed due to lack of a supermajority vote. Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, Carol Wollin, Stan Hall, Jody Short Nay: Michael Muhm, Mike Taylor Councilmember Muhm moved to deny Ordinance 0-11-1813. The motion died due to lack of a second. Discussion ensued regarding the support of existing businesses, neighbor opposition to the proposed ordinance and enhancements to increase pedestrian safety. Mayor Kelly moved to continue Ordinance 0-11-1813 and the associated public hearing to the December 13, 2011 City Council meeting. „ . , ~ . ~ ~. ~ r~ ~< <.: ~ w ~~ ~ . . ,.. ~ u . ~ ,., , . ~~ „ . . ,~ . City Council Minutes December 6, 2011 Councilmember Wollin seconded the motion. Mayor Kelly requested staff revise the proposed ordinance to include safety enhancements for pedestrians. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 5b 0-11-1814 Approval of a request to rezone 0.8 acres from CN-Neighborhood Commercial to PUD-C-Planned Unit Development Commercial on Lot A1, Block 1, Highland Acres Addition located at 412 Timberline Drive North, Case ZC11-020 Mayor Kelly read the caption of Ordinance 0-11-1814. Community Development Director Ron Ruthven stated, at the request of City Council, the requirement that all required screening fences be composed of masonry material has been added to the proposed ordinance. Mr. Ruthven also stated the proposed ordinance has been modified to delete any setback waivers; therefore, should the City Council approve the item as presented in the current conceptual site plan, the motion should include a waiver reducing the 25 foot side yard setback from adjacent residential properties to the west to 20 feet, as the site plan reflects a 20 foot side yard setback. Additionally, at the recommendation of the Planning and Zoning Commission, a no parking zone on both sides of Timberline Drive North between the western edge of the subject property and Bransford Road has been added to the proposed ordinance. Mayor Kelly opened the public hearing. Mr. Keith Kithsiri, 7309 Winguard Court, applicant, spoke regarding the development of the business and regarding the request for a 5 foot setback variance and requested the fencing and screening be a cedar fence. Ms. Nancy Jackson, 1240 Post Oak Trail, Southlake, Texas, spoke in support of the proposed ordinance. Ms. Lucinda Gray, 3125 West Northgate Drive, Irving, Texas, spoke in support of the proposed ordinance and regarding the care provided at the Silver Ridge Assisted Living. There were no others present wishing to speak and Mayor Kelly closed the public hearing. .~ M m ~~ r n ~ v , . , ,. . ~ w . .~. . City Council Minutes December 6, 2011 Discussion ensued regarding the setback requirement along the west property line, the location and type of screening material, the no parking zone, and the building design score. Councilmember Wollin moved to approve Ordinance 0-11-1814 with the amendments to allow a 20 foot setback on the west side, and to strike Section 11, General, c. which states a no parking zone shall be added on both sides of Timberline Drive North between the western edge of the subject property and Bransford Road. Councilmember Hart seconded the motion. Mayor Kelly made a friendly amendment "the buildings shall be located generally consistent with the concept plan included herewith as Exhibit ~~C". No more than three elements in the Phase I building shatl extend into the 25 foot setback. Councilmember Wollin and Mayor Pro Tem Hart accepted the friendly amendment. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor, Mayor Kelly recessed the meeting at 9:36 p.m. and reconvened at 9:46 p.m. 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-11-1815 Approval of a request for a Special Use Permit for a convenience store with gasoline sales and alcoholic beverage sales - off-premise consumption on Lot 1R, Block 1 of the Davidson Addition located at 3900 Colleyville Boulevard, Case ZC11-022 Mayor Kelly read the caption of Ordinance 0-11-1815. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit for a convenience store with gasoline sales and alcoholic beverage sales at 3900 Colleyville Boulevard and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Mr. Michael Montgomery, Verdad Real Estate, Southlake, Texas, representing the applicant, was present to answer questions of the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing. City Council Minutes December 6, 2011 Discussion ensued regarding structure materials for gas canopies and the building and traffic flow on and around the property. Mr. Walt Ragsdale, Ragsdale Consulting, Plano, Texas, representing the applicant, spoke regarding the potential cut through traffic on the property, traffic calming features, exterior building colors and light pollution. Discussion continued regarding sales taxable items and store opening date. 6b 0-11-1816 Approval of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the Village Front Door Addition located at 5204 and 5232 Colleyville Boulevard, Case ZCil-021 Mayor Kelly read the caption of Ordinance 0-11-1816. Community Development Director Ron Ruthven provided an overview of the request for an amendment to the PUD-C Planned Unit Development Commercial zoning for the Village Front Door and stated the applicant is seeking to amend the existing ordinance by removing the 100% retail cap in its entirety, provided a history of the property and zoning, and stated the since the Planning and Zoning Commission recommended denial of the request, the request must receive a supermajority vote of the City Council in order to be approved. Mayor Kelly opened the public hearing. Mr. Jimmie Archie, 74 Casa Lane, applicant, provided a history of the property, economic development environment and market conditions, the current Colleyville retail and restaurant analysis, and requested City Council consider the best use for the property at this time. Ms. Melanie Edmondson, 3902 Pembrooke West, representing the applicant, spoke in support of the proposed ordinance and the expansion of the doctor's practice and answered questions of the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the original zoning of the property and retail and restaurant marketing efforts for the property. Economic Development Director Marty Wieder spoke regarding the timing for retail and restaurant development and marketing efforts in the City. Discussion continued regarding the future development and marketing efforts toward retail use in The Village at Colleyville. City Council Minutes December 6, 2011 ~c 0-11-1817 Approval of request for a Special Use Permit for off-premise beer and wine sales on Lot 1, Block 1, of the Kroger Addition, located at 4904 Colleyville Boulevard, Case ZC11-025 Mayor Kelly read the caption of Ordinance 0-11-1817. Community Development Director Ron Ruthven provided an overview of the request for a Special Use Permit for off-premise beer and wine sales at 4904 Colleyville Boulevard, a history of the property, and stated the Colleyville Code of Ordinances require businesses that sell alcohol be located at least 300 feet away from churches, public and private schools and public hospitals, consequently, a variance would have to be granted due to the subject property being less than 300 feet away from Bransford Elementary School. Mr. Ruthven further stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Mr. Chris Biggers, Dunaway Associates, L.P., 550 Bailey, Fort Worth, Texas, representing Walmart Market, and the applicant requesting the Special Use Permit for alcohol sales, spoke regarding the cut through road and the access way to the development and parking spaces and stated Walmart prefers to route the traffic around the perimeter of the site. Mr. Patrick Burke, Raymond Harris and Associates, Dallas, representing the applicant, spoke regarding exterior structure design standards. Mr. David Scroggins, 142 Sundance Drive, Van . Alstyne, Texas, representing Colleyville Plaza, LP, as construction manager, spoke in opposition to the proposed access easement through the property and stated it would reduce the number of parking spaces for the current tenants of the center and be used for cut through traffic. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the exterior building design and score, parking lot design, traffic calming features, and cart corrals. Councilmember Muhm requested the applicant provide a more exact depiction of the exterior building design. Director Ruthven stated the plat will only be considered by the Planning and Zoning Commission, but will be included in the December 13, 2011 City Council agenda packet for informational purposes. ~~ ~ City Council Minutes December 6, 2011 Mr. Myron Dornic, representing Walmart, spoke regarding concerns related to the access easement through the parking lot. Discussion continued regarding the benefits of connecting Glade Road to Village Lane and an enhanced exterior building design. The City Council voted to continue the meeting past midnight. Mayor Kelly recessed the meeting at midnight and reconvened at 12:10 a.m. 6d 0-11-1818 Consideration of amendments to Chapter 6-Building Design in the Land Development Code, Case GC11-008 Mayor Kelly read the caption of Ordinance 0-11-1818. Community Development Director Ron Ruthven stated based on discussions received at the April 6, 2011 and the September 14, 2011 joint worksessions with the City Council, Planning and Zoning Commission and Architectural Review Commission, amendments to the Chapter 6-Building Design in the Land Development Code are presented for City Council consideration. Director Ruthven reviewed the proposed amendments. There was no one present wishing to speak and Mayor Kelly closed the public hearing. 6e 0-11-1819 Consideration of amendments to Chapter 3.1-Oil and Gas Well Drilling and Production in the Land Development Code, Case GC11-007 Mayor Kelly read the caption of Ordinance 0-11-1819. Community Development Director Ron Ruthven reviewed the proposed amendments to Chapter 3.1-Oil and Gas Well Drilling and Production and stated there are no proposed fee increases at this time. Staff will conduct a comprehensive fee survey of all development fees and present to City Council in Summer 2012. Mayor Kelly opened the public hearing. Mr. Chris Hammack, Titan Operating, 111 West 4t" Street, Fort Worth, Texas, spoke regarding the proposed insurance limits and requirements related to oil and gas well drilling and production and requested the City's proposed insurance requirements be reduced. There were no others present wishing to speak and Mayor Kelly closed the public hearing. City Council Minutes December 6, 2011 Discussion ensued regarding the insurance rate structure and pipeline and drilling regulations. Mayor Kelly requested clarification of the insurance rate structure. Councilmember Wollin requested the following change to the proposed amendments to Chapter 3.1 - Oil and Gas Well Drilling and Production, Section 3.1 - 188 Seismic Survey Permit Required, 8H: A road repair agreement obligating the seismic operator to fund the repair of any damage caused by the operator to City infrastructure shall be required by the Public Works Director as a condition of permit approval. 6f 0-11-1820 Approval of amendments to the Future Land Use map of the Colleyville Master Plan for Lot A1, Block 1 of the Highland Acres Addition from a Single Family Land Use Designation to an Institutional Land Use Designation Mayor Kelly read the caption of Ordinance 0-11-1820. Community Development Director Ron Ruthven stated this is an example of action to be taken when a proposed zoning amendment is different than what is in the land use plan. Any future zoning requests that propose a land use that is not consistent with the future land use map will also contain a companion future land use plan amendment, which will allow the current land use plan to remain current and up to date. This agenda item will have the impact of changing the zoning on the property from single family land use designation to an institutional land use designation. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-11-3432 Approval of a Perimeter Street Fee waiver request on Lot 1, Block 1, of the Maciley Addition located at 2800 Glade Road, Case GC11-006 Mayor Kelly read Resolution R-11-3432 in its entirety. Community Development Director Ron Ruthven provided an overview of the request for a Perimeter Street Fee waiver for 2800 Glade Road and stated Perimeter Street Improvement Fees are required upon approval of subdivision plats per Section 9.16 of the Land Development Code and calculated in accordance with Texas Local Government Code regulations that state infrastructure improvements may not exceed the amount that is roughly proportionate to the projected impact of the City Council Minutes December 6, 2011 proposed development, as determined by the City Engineer. Mr. Ruthven provided an overview of the Perimeter Street Fee and Roadway Impact Fee calculation process and the purpose of the dual assessment system. Mayor Kelly opened the public hearing. Mr. John Staub, 1704 Mallard Circle, Mansfield, Texas, representing the applicant, stated the property that was platted is 2803 Highgrove Court, and spoke regarding the Perimeter Street and Roadway Impact Fee assessed for the property located at 2800 Glade Road. Ms. Cissy Sylo, CES Consulting Group, Carrollton, Texas, representing the applicant, spoke regarding funding mechanisms for roadway fees and information related to Perimeter Street and Roadway Impact Fees. There were no others present wishing to speak and Mayor Kelly closed the public hearing. City Attorney Matthew Boyle asked Ms. Sylo, ~~what do believe the roughly proportionate share of cost for this development should be if you do not believe it is $12,558.84? Ms. Sylo responded the starting point is $2,187.00 for the Impact Fees, however; I advised my client there were other portions that were not credited to the applicant of the Impact Fees. City Attorney Boyle asked Ms. Sylo, so you think it is less than $2,187.00? Ms. Sylo responded affirmatively. City Attorney Boyle inquired, relative to the exhibit B1 that was included in your application, do you have it in front of you? Mr. Boyle stated, line item 3 estimates the abutting street cost for one-half of the roadway on the thoroughfare plan at $58,809.36; do you dispute that calculation? Ms. Sylo stated, I have not looked at his calculations; I did not look at the fee calculations. Mr. Boyle stated, so you have no basis to dispute what the City Engineer put down on item number 3? Ms. Sylo stated, I did not see a fee structure to know that the $318.31 is in your fee schedule, I could not find that on your City Council website. „. ~ 4 .~ ~u . ~, ~ ~ ~ . , ~ ~, _ . ~ ~~.~,, ~ t :: ~ ,,, City Council Minutes December 6, 2011 Mr. Boyle stated, on line item 13, the total emergency access demand, which is the calculation of one half width of a 24 foot emergency access cost; do you have any reason to dispute that calculation? Ms. Sylo responded, yes, because there should not be any emergency access, according to what I read on your website, there was a flat linear feet fee for this perimeter street and then there is a reduction per linear foot according to your ordinance that is listed on your website. There is none of these other calculations granted on your website. Mr. Boyle stated, so the linear cost of $67.98 per square foot to construct one-half of the 24 foot of emergency access, you agree or disagree with that as a reasonable estimate of the price per square foot to construct that fire lane? Ms. Sylo replied, the cost that is listed on your web site is $138.00; that is the last cost I can find; I could not find a recent fee schedule of what the fee schedule is. There is a reduction that says you may be given if you are a single lot. Mr. Boyle stated, so $138.00 divided by two is $69.00; so we are off a$1.00 to my favor; so then, follow me here, so that tracks the schedule exactly to take the total of $138 divide it by 2, you get $68. Ms. Sylo responded, this whole calculation is not in your ordinance. Mr. Boyle stated, I am not asking you what is in the ordinance; I am asking you, do you as an engineer, dispute the calculations that are on Exhibit B1 and thus far, you have said either you don't or can't dispute them because you don't understand them or you don't dispute them because you said the ordinance provides for $138.00 a foot. So, $138.00 divided by two for half of the roadway width is $68 or $67.96. I am working on what you dispute, but I am asking you on a point by point basis to try to narrow down what the dispute is because, the next thing you say then is, even if you give that it is $68 a square foot, and you calculate it at $25,117.68, that somehow you weren't credited with the extra width of your lot and the requirement that that fee be reduced proportionately based on the two percent reduction for each linear feet in excess of 100 feet, is that right? Which brings me to line item 18, item 21 and item 21 says the percent reduction for two lot replats says 50%; well, since you are so familiar with the ordinance, do you agree or disagree that the maximum amount of that discount provided by the ordinance is 50%? Ms. Sylo responded affirmatively. Mr. Boyle stated, which is the adjusted roadway improvement costs; is line item 22 exactly one half of line item 13? Ms. Sylo responded affirmatively. ~ .av~~ 51P'S ..4 tr, .. City Council Minutes December 6, 2011 Mr. Boyle stated, then you see line item 23 says less Roadway Impact Fee credits; ok, so the total amount that was paid for Perimeter Street Fees, on this project, was or was not line item 24, $10,371.84? Ms. Sylo responded affirmatively. Mr. Boyle stated, ok, so you are or are not alleging that somehow your client was forced to pay both the Perimeter Street Fee of $12,558.84 and the Impact Fee of $2,187.00; are you saying they had to pay both or not? Ms. Sylo responded, they did pay both; they paid two separate checks. Mr. Boyle stated, two separate checks, were they, in combination, more or less than $12,558.84? Ms. Sylo responded, ok, you have a Perimeter Street Fee. Mr. Boyle asked, what would the Street Perimeter Fee be for this particular development? Ms. Sylo responded, $10,371.84; you can't charge a Perimeter Street Fee because you have an Impact Fee in place. Mr. Boyle stated, that is a different argument. Ms. Sylo responded, no, that is the argument. Mr. Boyle stated, I understand that is your argument, I am just asking, in respect to the City Council, that you answer a simple question, is the total amount that was assessed to be paid equal to, more than, or less than, line item 22, $12,558.84. Ms. Sylo responded, yes, that is what line item 22 says. Mr. Boyle stated, when you net out $2,187.00, and you had a Street Perimeter Fee that was paid of $10,371.84, your client is not actually paying both, because just to pay the Perimeter Street Fee was $12,558.84. Mr. Boyle stated, do you believe the actual impact on streets and roadway improvements, in a city, is or is not impacted on the based actual scope and scale of the development and on the site itself? Ms. Sylo responded yes. Mr. Boyle asked, would a larger house have a bigger impact on streets than a smaller house? Citv Council Minutes December 6, 2011 Ms. Sylo responded, no. Mr. Boyle asked, no, not necessarily or just no, as a general rule? Ms. Sylo responded, typically, just because you have a 5,000 square foot house that is three bedrooms and a 2,000 square foot house has three bedrooms, it will generate the same general traffic. . Mr. Boyle asked, how many bedrooms are in this house? Ms. Sylo stated, it is not developed, I don't know; it is not relevant to my knowledge; trip generation is trip generation. Mr. Boyle asked, would trip generation be varied by the number of bedrooms and by the number of anticipated occupants of the house? Ms. Sylo responded, trip generation is by home. Mr. Boyle asked, so it doesn't matter the number of bedrooms or occupants of a house? Mr. Boyle asked City Engineer Jeremy Hutt to provide some information. Mr. Boyle asked City Engineer Jeremy Hutt, are you a licensed professional engineer, licensed by the State of Texas? City Engineer Jeremy Hutt responded affirmatively. Mr. Boyle asked, did you conduct an individual analysis of the impact of the development of Lot 1, Block 1 of the Maciley Addition? Mr. Hutt responded affirmatively. Mr. Boyle inquired, did you seal Exhibit B1 under your professional license as an engineer? Mr. Hutt responded affirmatively. Mr. Boyle asked, were your calculations made consistent with other similar developments within the City? Mr. Hutt responded affirmatively. Mr. Boyle inquired, are those calculations reflected in Exhibit B1 of the packet for this agenda item? Mr. Hutt responded affirmatively. City Council Minutes December 6, 2011 Mr. Boyle inquired, does this development front on two different streets? Mr. Hutt responded affirmatively. Mr. Boyle asked, which ones? Mr. Hutt responded, Glade Road and Highgrove Court. Mr. Boyle inquired, what is the frontage of this development on both of these roads? Mr. Hutt stated, it is 318 on Glade Road and Highgrove is just over 100 feet. Mr. Boyle asked, have any fees been assessed or paid for the property's frontage on Highgrove Court? Mr. Hutt replied, no. Mr. Boyle inquired, what level of improvements are scheduled for the section of Glade Road in the area of this property? Mr. Hutt stated, it is identified on the Master Thoroughfare Plan as a two lane, 95 foot right-of-way. Mr. Boyle asked, what would the cost be to construct the Glade Road frontage up to the standard provided in the thoroughfare plan? Mr. Hutt replied, for approximately half of that frontage, you are looking at $58,809.36. Mr. Boyle asked, were the Impact Fees for this property based on a generalized category of single family use? Mr. Hutt answered affirmatively. Mr. Boyle asked, does that calculation provide for any variability on the actual size and scope of the proposed development or house? Mr. Hutt replied, no. ~1r. Boyle inquired, is this home currently under construction? Mr. Hutt answered affirmatively. Mr. Boyle asked, the building permit has been issued and construction is underway? Mr. Hutt answered affirmatively. 3•. x City Council Minutes December 6, 2011 Mr. Boyle inquired, do you have plans, for the house, for review by City Council this evening? Mr. Hutt responded, no. Mr. Boyle asked, would the actual plans provide the ability to conduct a more detailed analysis of the potential impact of this development on City facilities? Mr. Hutt answered affirmatively. Mr. Boyle inquired, separate and apart from the City Impact Fees, does the City's code mandate a minimum level of public facilities in order to develop property? Mr. Hutt answered affirmatively. Mr. Boyle asked, based on those requirements, is the developer provided the option of either constructing improvements to meet the minimum standards or escrowing the estimated cost of such improvements? Mr. Hutt answered affirmatively. Mr. Boyle asked, which option did this developer choose? Mr. Hutt stated, they chose the escrow. Mr. Boyle asked, does Glade Road currently meet the minimum requirements for a fire lane under City code? Mr. Hutt stated, no, it does not. Mr. Boyle asked, does the City's Code of Ordinances mandate a minimum level of public facilities in order to provide adequate service to the property? Mr. Hutt answered affirmatively. Mr. Boyle asked, does that include the need to be able to access and serve the property with emergency services including fire and police? Mr. Hutt answered affirmatively. Mr. Boyle asked, what would it cost to construct an adequate fire lane for the property? Mr. Hutt replied, for half of a fire lane, you are looking at $25,117.68. Mr. Boyle asked, is that for a 24 foot fire lane? Citv Council Minutes Mr. Hutt answered affirmatively. December 6, 2011 Mr. Boyle asked, what would the entire width of a 24 foot fire lane cost for frontage of this property? Mr. Hutt replied, just over $50,000. Mr. Boyle asked, what was the amount assessed for the Perimeter Street Fee against this property? Mr. Hutt replied, the Perimeter Street Fee for the property was $12,558.84 and that was prior to the reduction for the Impact Fee to be paid at the issuance of a building permit. Mr. Boyle asked, how did you come to that calculation if it costs $25,000 or more, in order to build half of the required emergency access easement? Mr. Hutt stated, in accordance with the Land Development Code, a reduction is given for one and two lot subdivisions based on their frontage amount, not to exceed 50%. Mr. Boyle inquired, what was the discount applied to this particular development? Mr. Hutt replied, 50%. Mr. Boyle asked, was the escrow amount of $10,371.84 paid by the developer of this lot? Mr. Hutt answered affirmatively. Mr. Boyle asked, was that a net out calculation that excluded the Impact Fee of $2,187? Mr. Hutt answered affirmatively. Mr. Boyle asked, in your professional opinion, is the amount of $12,555.84 in street improvement cost roughly proportional to the estimated impact of this lot on the City's public facilities? Mr. Hutt answered affirmatively. City Attorney Boyle stated, Mayor, given that discussion, I recommend City Council continue this item to another City Council meeting and allow staff to provide the building plans to share with City Council and provide an opportunity to better explain, now that we know exactly what is going on the ground, how that applies to what impact the proposed development would have on City facilities, and staff would provide the same or potentially a revised recommendation. ~ . ,~h.. ,~.... . ,, . ~ -.. ~. . . ,. ~ City Council Minutes December 6, 2011 Mayor Kelly moved to continue this item and associated public hearing to January 3, 2012. Councilmember Muhm seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 7b R-11-3433 Approval of the Parks, Recreation and Open Space Master Plan Mayor Kelly read Resolution R-11-3433 in its entirety. Parks and Recreation Director Monica Walsh stated this item seeks formal approval of the 2011 Parks, Recreation and Open Space Master Plan. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Muhm requested the Colleyville Senior Center rebranding process be accelerated. Councilmember Hall moved to approve Resolution R-11-3433. Councilmember Wollin seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 7c R-11-3434 Consideration of appointment to the Tax Increment Financing District Board Mayor Kelly read Resolution R-11-3434 in its entirety. Mayor Kelly opened the public hearing. «. , , .., . _ . ~ , ~ ~u,.,.. . ,. w . ., ~., . , . .. , ,~ .,, ,, . w , City Council Minutes December 6, 2011 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Resolution R-11-3434, appointing Mr. Scott Rule, representing Tarrant County Hospital District, to the Tax Increment Financing District Board. Councilmember Hall seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There is no one present wishing to speak concerning this item. 9. REPORTS Colleyville Center Advisory Committee Minutes - August 1, 2011 Sign Board of Appeals Minutes - August 9, 2011 Senior Center Advisory Committee Minutes - September 15, 2011 Planning and Zoning Commission Minutes - October 24, 2011 Planning and Zoning Commission Minutes - November 14, 2011 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 6, 2011 - Reading and Public Hearing - Resolution R-11-3435 This resolution was not needed. 11. AD)OURNMENT There being no further business before the City Council, Councilmember Short moved to adjourn, and Councilmember Muhm seconded the motion. a.; . ... :: .~ .. s~..... ~,: ,~,. . 1 Citv Council Minutes December 6, 2011 The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, Carol Wollin, Michael Muhm, Stan Hall, Jody Short, Mike Taylor Mayor Kelly adjourned the meeting at 1:25 a.m. APPROVED BY A VOTE OF ~__ AYES, O NAYS AND O ABSTENTIONS ON THIS THE `t-~ DAY OF 2012. Minutes ken a red by: . _ 1 ~hJ nthia Sing/eton, TRMC, CMC City Secretary