HomeMy WebLinkAboutCity Council-Minutes-2/6/2012~% `~~"~ City of Colleyville
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COLLEYVILLE City Council
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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:
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~hJ
nthia Sing/eton, TRMC, CMC
City Secretary