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HomeMy WebLinkAboutCity Council-Minutes-9/4/2012`'~' Y"~ Cit of Colle ville ~'"~ y y City Hall ~CaLLEY~TILLE Clty ~;QUnCI~ 100 Main Street ~~~~ °`° ~~~ ;~ "` Colleyville, Texas 76034 r r, h"~"`.~ Agen da 817. 503.1000 www.colleyville.com Tuesday, September 4, 2012 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation and discussion of Mosquito Monitoring and Treatment Program PC-2 Discussion and update on the progress of the Heritage Farms Development project, which is a request to rezone property from R40-Single Family Residential and AG-Agricultural to PUD-C-Planned Unit Development Commercial on 7.99 acres located on Lots 3 and 4, Block 1 and Lots 1-6, Block 2, of the Southgate Addition, and 11.8 acres in the Allen Christian Survey and in the L.L. McLain Survey located between 3916 Wayne Drive and 3707 Bedford Court, Case ZC12-007 PC-3 Discussion of Tiered Water Rates PC-4 Presentation of the Quarterly Performance Management Report PC-5 Presentation of the Colleyville Economic Development Corporation Annual Activity Report PC-6 Discussion of the September 4, 2012, 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 - Advice from City Attorney regarding land use regulations and zoning City Council Agenda September 4, 2012 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 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Carter Foster, Covenant 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-12-3528 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events W~' Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3529 4a Approval of the minutes of the regular City Council meeting of August 21, 2012 4b Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2013-2017 (FY 2013-2017) of the Colleyville Economic Development Corporation 4c Approval to extend an ongoing annual agreement with Autobahn Motor Cars to sponsor the loan of a vehicle to the Colleyville Police Department for the expressed use of the Colleyville Heritage High School Resource Officer 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-12-1847 -~~ Amending Section 3A and 3B of the Water and Sewer Procedure Manual of the City of Colleyville as contained in Appendix A of the Code of Ordinances of the City of Colleyville, Texas City Council Agenda September 4, 2012 5b Ordinance 0-12-1848 Replacing Ordinance 0-10-1755 to update the City of Colleyville's Investment Policy 5c Ordinance 0-12-1849 Consideration of a request for an amendment to the PUD-C-Planned Unit Development Commercial and the Special Use Permit for the zoning and development requirements on Lot 1R2, Block 1, of the Tropicana Fuels Addition located at 7101 Colleyville Boulevard, Case ZC12-019 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-12-1850 Adoption of the proposed Fiscal Year 2013 (FY 2013) budget 6b Ordinance 0-12-1851 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2013 (FY 2013) 6c Ordinance 0-12-1852 Amending Section 1 of Ordinance 0-11-1805 relating to the Fiscal Year ~ 2012 General Fund budget 6d Ordinance 0-12-1853 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2013 (FY 2013) Budget 6e Ordinance 0-12-1854 Consideration of a request for a Special Use Permit for automotive and motor vehicle sales on Lot 3, Block 1, of the Ponce Addition located at 1803 Tarrant Lane, Suite 130, Case ZC12-018 6f Ordinance 0-12-1855 Consideration of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1A, Block 1, of the Highland Acres Addition located at 412 Timberline Drive North, Case ZC12-021 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ,~- 8. REPORTS Colleyville Center Advisory Committee Minutes - May 21, 2012 City Council Agenda September 4, 2012 ~ 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 4, 2012 - Reading and Public Hearing - Resolution R-12-3530 10. ADJOURNMENT I hereby ce ~ this a enda was posted on City Hall bulletin boards August 31, 2012, by 5:00 .m. . Cr~~ ~ ~ ~ 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. j=Y~ City of Colleyville ~;tyHa„ COLLEYVILLE C~ty CQUnC~~ 100 Main Street ,~~~°~k> ~t~ ~{~,rr,,,~~' Colleyville, Texas 76034 M i n utes 817. 503.1000 7 t` '~ A' www.colleyville.com Tuesday, September 4, 2012 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on September 4, 2012, at 5:35 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Mike Holder, Police Lieutenant Rodney Cunningham, Economic Development Director Marty Wieder, Finance Manager Karen Hines, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Colleyville Center Manager Lin Przybyl, Library Director Mary Rodne, Parks Superintendent Tim Hightshoe, Human Resources Director Michelle Reyes, Strategic Services Manager Eric Ellwanger, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Cynthia Singleton were also present. Absent: Councilmember Stan Hall PC-1 Presentation and discussion of Mosquito Monitoring and Treatment Program City Engineer Jeremy Hutt introduced David Jefferson, Environmental Health Manager, Tarrant County Public Health Department. City Engineer Jeremy Hutt presented a history and current information on the City of Colleyville Mosquito Monitoring and Treatment Program and answered questions of the City Council. Mr. Jefferson presented the Tarrant County 2012 West Nile Virus update and answered questions of the City Council. City Engineer Hutt stated as of August 30, 2012, the Tarrant County Public Health Department (TCPHD) notified the City of four human cases of West Nile Virus (WNV). The City's standard treatment and notification protocol includes monitoring, sampling, and larvicide applications of standing waterways in public areas and public facilities, and residents within a one-half mile radius of a reported human case of the virus are notified through the City's CodeRED system. Information regarding human cases of WNV and a positive WNV pool sample is posted to the City's web site and Facebook page, and reported through the City's e-news service. Discussion ensued regarding City and county statistics of reported WNV, treatments, conditions that promote outbreaks, mosquito types, mosquito traps, and effective programs. ~., ~~ . . ~ a~ ~ ~. ~ ; .:w ~ ~ . ~ .. ~.-~ ~ ~.: . ~ ~~ a . ~ City Council Minutes September 4, 2012 City Council requested staff formalize the City's monitoring and treatment program in " s which City Council and staff develops a treatment plan and establishes a priority based on current conditions. PC-2 Discussion and update on the progress of the Heritage Farms Development project, which is a request to rezone property from R40-Single Family Residential and AG-Agricultural to PUD-C-Planned Unit Development Commercial on 7.99 acres located on Lots 3 and 4, Block 1 and Lots 1-6, Block 2, of the Southgate Addition, and 11.8 acres in the Allen Christian Survey and in the L.L. McLain Survey located between 3916 Wayne Drive and 3707 Bedford Court, Case ZC12-007 Mayor Kelly recused himself from discussion of this item due to a conflict of interest. Mayor Pro Tem Tom Hart reconvened the Pre Council meeting at 10:01 p.m. for discussion of this item. Community Development Director Ron Ruthven provided an update of this item, which was continued on May 15, 2012, and will be considered by the City Council at the October 1, 2012 City Council meeting. The continuance allowed the developer to seek citizen input and make revisions based on citizen and City Council comments. Director Ruthven reviewed the proposed changes, which included the addition of an outdoor public plaza with water feature and pavilion; 4.2 acres of detention area; an increase of open space, reduction of the development by nine units; reduced trip counts in all categories from the original Traffic Impact Analysis (TIA); the addition of a northbound right turn lane on Wayne Drive, the redesign of the independent living building to 35 feet in height; increase in masonry percentage for the office building; and an increase, from 30 feet to 40 feet, in setback along Wayne Drive for all buildings. Director Ruthven stated that as part of the modified proposal, the applicant is offering to build a roundabout at the intersection of Bedford Road/Court and Cheek-Sparger Road. Funding for construction of the roundabout includes $200,000 contributed by the applicant, and $675,000, provided by the City through a proposed waiver of roadway and water/sewer impact fees related to the project, a waiver of a portion of the required parkland dedication fees, and utilization of the perimeter street escrow for Wayne Drive paid by Covenant Christian Academy. Discussion ensued regarding the results of public meetings held by the applicant to obtain citizen input regarding the project. PC-3 Discussion of Tiered Water Rates City Manager Jennifer Fadden stated based on the discussion from the first reading of the proposed ordinance, staff prepared additional tiered water rate options for City ~ . ~;~ ..» ., s City Council Minutes September 4, 2012 Council to consider, however, an important reason to consider a tiered rate structure ` is that it provides the opportunity to reinvest in the City's infrastructure, without an overall rate increase to all customers. Assistant City Manager and Chief Financial Officer Terry Leake reviewed information regarding current and projected homeowner association (HOA) and residential water use, well use, and cost, the effects on the City infrastructure, and answered questions of the City Council. Discussion ensued regarding the promotion of water conservation methods, implementation of education programs to encourage water conservation, the residential and homeowner association water usage and cost, the consistency of monthly use, the number of customers affected by the proposed tiered rate structure, and an implementation schedule. PC-4 Presentation of the Quarterly Performance Management Report There was no discussion of this item. PC-5 Presentation of the Colleyville Economic Development Corporation Annual Activity Report There was no discussion of this item. PC-6 Discussion of the September 4, 2012, City Council regular agenda items There was no discussion of this item. Mayor Kelly recessed the Pre Council meeting at 7:37 p.m. The meeting was reconvened at 10:00 p.m. by Mayor Pro Tem Tom Hart and adjourned at 10:50 p.m. Mayor David Kelly called the regular meeting of the Colleyville City Council to order on September 4, 2012, at 7:37 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Fire Chief Russell Shelley, Police Chief Mike Holder, Police Lieutenant Rodney Cunningham, Code Enforcement Officer Ky Roby, Finance Manager Karen Hines, City Engineer Jeremy Hutt, Economic Development Director Marty Wieder, Community Development Director Ron Ruthven, Strategic Services Manager Eric Ellwanger, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Cynthia Singleton were also present. Absent: Councilmembers Carol Wollin and Stan Hall ~ . . , ,,~ ~ ~w~. ~ City Council Minutes September 4, 2012 1. EXECUTIVE SESSION - In accordance with Texas Government Code "~ Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on I~gal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Advice from City Attorney regarding land use regulations and zoning 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 time. The meeting was recessed at 7:38 p.m. and reconvened at 8:18 p.m. INVOCATION: Pastor Carter Foster, Covenant 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-12-3528 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition There were no announcements or presentations. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3529 ~ 4a Approval of the minutes of the regular City Council meeting of August 21, 2012 City Council Minutes September 4, 2012 4b Adopting the Economic Development Capital Improvement Program (EDCIP) for the Fiscal Years 2013-2017 (FY 2013-2017) of the Colleyville Economic Development Corporation 4c Approval to extend an ongoing annual agreement with Autobahn Motor Cars to sponsor the loan of a vehicle to the Colleyville Police Department for the expressed use of the Colleyville Heritage High School Resource Officer Mayor Kelly read Resolution R-12-3529 in its entirety. Assistant City Manager and Chief Financial Officer Terry Leake stated Consent agenda item 4b, the Economic Development Capital Improvement Program (EDCIP), provides for the replacement of the Colleyville Center air conditioner, which was not repaired or replaced during the renovations, and the $100,000 proposed for the Senior Center includes a rebranding study and potential improvements and projects, which may be proposed as a result of the rebranding study. City Manager Jennifer Fadden stated all funding for City special events is provided for in the Colleyville Economic Development Corporation budget. Councilmember Taylor thanked Autobahn Motor Cars and citizens for implementing the automobile for the Colleyville Heritage High School Resource Officer. w~ Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Hart moved to approve Resolution R-12-3529. Mayor Kelly seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Jody Short, and Mike Taylor Absent: Councilmembers Carol Wollin and Stan Hall 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-12-1847 Amending Section 3A and 3B of the Water and Sewer Procedure Manual of the City of Colleyville as contained in Appendix A of the Code of Ordinances of the City of Colleyville, Texas Mayor Kelly read the caption of Ordinance 0-12-1847. `~~ ~ ~ ~ . ~ ~~,~ ~~~ ~n City Council Minutes September 4, 2012 Assistant City Manager and Chief Financial Officer Terry Leake stated annually, staff v` updates the utility rate study to include changes in consumption patterns, incorporation of Trinity River Authority rate increases, and the rate effect of future bond sales. As part of the FY 2013 update process, staff provided information regarding the feasibility of implementing a tiered water rate structure. A tiered rate structure enables a city to meet water debt service commitments, higher repair and replacement costs, and third party water and sewer treatment costs. Ms. Leake reviewed the current rates and the proposed rate structures, and stated an education program regarding tiered rates and water conservation efforts would be implemented, and answered questions of the City Council. Ms. Leake stated if the proposed ordinance is approved, the tiered water rate structure would take effect December 1, 2012. Mayor Kelly stated water is the new scarce commodity, even without a drought, conserving water must be a high priority. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly expressed appreciation to staff for the research and development of the ordinance. Mayor Kelly moved to approve Ordinance 0-12-1847. Mayor Pro Tem Hart seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, ]ody Short, and Mike Taylor Absent: Councilmembers Carol Wollin and Stan Hall 5b Ordinance 0-12-1848 Replacing Ordinance 0-10-1755 to update the City of Colleyville's Investment Policy Mayor Kelly read the caption of Ordinance 0-12-1848. Mayor Kelly opened the public hearing. _~ There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. . , ~ ¢ ~ ,: , .~ ~ . ~ ~ ~~-, ~~,.~~,.~ ~~trn ~<< ,, n. .,, ~.. ~ , ~ , ,,,,~,: City Council Minutes September 4, 2012 Councilmember Muhm requested the City of Colleyville Investment Policy state under ` Glossary: "Federal Deposit Insurance Corporation (FDIC) - A federal agency that insures bank deposits, currently up to $100,000". Mayor Kelly moved to approve Ordinance 0-12-1848. Councilmember Short seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Jody Short, and Mike Taylor Absent: Councilmembers Carol Wollin and Stan Hall 5c Ordinance 0-12-1849 Consideration of a request for an amendment to the PUD-C-Planned Unit Development Commercial and the Special Use Permit for the zoning and development requirements on Lot 1R2, Block 1, of the Tropicana Fuels Addition located at 7101 Colleyville Boulevard, Case ZC12-019 Mayor Kelly read the caption of Ordinance 0-12-1849. -~ Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-12-1849. Councilmember Muhm seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Jody Short, and Mike Taylor Absent: Councilmembers Carol Wollin and Stan Hall 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-12-1850 Adoption of the proposed Fiscal Year 2013 (FY 2013) budget Mayor Kelly read the caption of Ordinance 0-12-1850. ,,,~. , ti .. ~ .... ~ .: . . ' M . .. ~ a , . . .. . , I ~F f ,:;~~ City Council Minutes September 4, 2012 Strategic Services Manager Eric Ellwanger presented the proposed Fiscal Year 2013 """ budget and stated the budget maintains a tax rate of $.3559 per hundred dollars of valuation, and answered questions of the City Council. Mayor Kelly expressed appreciation to staff for the development of the FY 2013 budget. 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 proposed infrastructure improvements to roadways, compression compensation adjustment for Police Department employees, a one-time lump sum payment to employees, technology enhancements, Trinity River Authority sewage rate increases, and the employee to citizen ratio. 6b Ordinance 0-12-1851 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2013 (FY 2013) Mayor Kelly read the caption of Ordinance 0-12-1851. Strategic Services Manager Eric Ellwanger stated The FY 2013 proposed tax rate of $.3559 per hundred dollars of valuation is unchanged from FY 2012, and this is the sixth year the tax rate is $.3559. Mr. Ellwanger noted the effective tax rate calculation sets the interest and sinking rate Debt Service Fund rate at $.04205 and the remainder of the tax rate of $.31385 will be allocated to operations and maintenance. Mr. Ellwanger said the proposed ordinance reflects these rates as required by the effective tax rate calculation and noted the average residential value for FY 2012 was $396,818, and the average residential value for FY 2013 is $397,889, which is an average annual property tax increase of $3.81, or an adjustment of $.01 per day to support City services. The increase in average residential property value was driven by higher values for new residential construction, as the average value of new homes constructed during the assessment period was greater than $400,000, however, the average value for existing property on the tax roll decreased 0.715%. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was discussion of the decrease in property value and the debt service. ~ 6c Ordinance 0-12-1852 Amending Section 1 of Ordinance 0-11-1805 relating to the Fiscal Year 2012 General Fund budget Citv Council Minutes September 4, 2012 Mayor Kelly read the caption of Ordinance 0-12-1852. Strategic Services Manager Eric Ellwanger stated the proposed ordinance amends Section 1 of Ordinance 0-11-1805 of the Fiscal Year 2012 General Fund budget to authorize the transfer of the unspent Fiscal Year 2012 General Fund budget appropriations for street rehabilitation to the Capital Projects Fund on September 30, 2012, amends the General Fund budget to provide for the transfer of $200,000 from the General Fund difference in FY 2012 revenues over expenditures to the Capital Projects Fund for an update to the City of Colleyville Master Plan; allows up to $300,000 to the Capital Projects fund for facility capital maintenance and repair; and up to $500,000 to the Capital Projects fund for future street reconstruction. Mr. Ellwanger answered questions of the City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was discussion of the Capital Projects fund and long-term street improvement needs. 6d Ordinance 0-12-1853 ~- Adoption of the Colleyville Economic Development Corporation Fiscal Year 2013 (FY 2013) Budget Mayor Kelly read the caption of Ordinance 0-12-1853. Assistant City Manager and Chief Financial Officer Terry Leake stated the Colleyville Economic Development Corporation (CEDC) Board approved the Fiscal Year 2013 CEDC budget on August 28, 2012. Ms. Leake reviewed expenditures and stated the budget must be approved and adopted by the City Council, and answered questions of the City Council. 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 carry forward funding for the Pleasant Run Trail and the L.D. Lockett Park Trailhead plans. Economic Development Director Marty Wieder stated the Five Friday promotion provided in the CEDC budget is for specialty marketing on Friday's prior to holiday _ events and is tied to the CloseBuy program. `~ ,~A , ~. City Council Minutes September 4, 2012 6e Ordinance 0-12-1854 ~' Consideration of a request for a Special Use Permit for automotive and motor vehicle sales on Lot 3, Block 1, of the Ponce Addition located at 1803 Tarrant Lane, Suite 130, Case ZC12-018 Community Development Director Ron Ruthven provided information regarding the request for a Special Use Permit for automotive and motor vehicle sales and stated the Special Use Permit would allow automotive and vehicle sales. Mr. Ruthven reviewed the current zoning, zoning of adjacent properties, and proposed hours of operation. Director Ruthven stated the Planning and Zoning Commission recommended approval. Mr. Tommy Snyder, 1803 Tarrant Lane, applicant, stated detailing is not a necessary part of the business and advised the current plan is to sell vintage vehicles. Discussion ensued regarding vehicle storage and parking needs and services offered by the proposed business. Mayor Kelly read the caption of Ordinance 0-12-1854. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6f Ordinance 0-12-1855 Consideration of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1A, Block 1, of the Highland Acres Addition located at 412 Timberline Drive North, Case ZC12-021 Mayor Kelly read the caption of Ordinance 0-12-1855. Community Development Director Ron Ruthven reviewed the request to amend Ordinance 0-11-1814 to allow a revision to the fencing requirements on approximately 0.8 acres, located at 412 Timberline Drive North. Specifically, the applicant requests removal of the eight foot masonry fence requirement along the western property line adjacent to the residential property, and approval to use the existing eight foot cedar fence. Director Ruthven stated the applicant also proposes landscaping modifications in order to improve the drainage conditions on the property. Director Ruthven stated staff recommends denial, however, the Planning and Zoning Commission recommended approval by a 4-2 vote, with the condition the fence amendment be denied and removed from the proposed ordinance and the proposed landscaping and buffering amendments be approved subject to the required landscaping along Timberline Drive North, as specified in the Land Development _~ Code, only if doubled over the minimum amount required. Mayor Kelly opened the public hearing. City Council Minutes September 4, 2012 Mr. David Keener, 575 Southview Trail, Southlake, Texas, owner of Silver Ridge " Assisted Living, stated if the request is approved, the facility will have a residential atmosphere and improve drainage and stated the resident along the western property line, is in agreement with using the cedar fence. Mr. Ricardo Valverde, 408 Timberline Drive, North, wished to record support of this item but did not wish to speak. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding a masonry fence versus a cedar fence on the northern property line, the proposed landscaping, and a drainage update, visibility from the other residences, and an appearance and enforceability clause being written into the ordinance. City Council requested a revised landscape plan be provided at the next City Council meeting. 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS Colleyville Center Advisory Committee Minutes - May 21, 2012 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR SEPTEMBER 4, 2012 - Reading and Public Hearing - Resolution R-12-3530 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Councilmember Short moved to adjourn, and Councilmember Muhm seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Jody Short, and Mike Taylor Absent: Councilmembers Carol Wollin and Stan Hall City Council Minutes September 4, 2012 Mayor Kelly adjourned the City Council meeting at 10:00 p.m. and reconvened the ~ Pre Council meeting in the Executive Conference Room. APPROVED BY A VOTE OF ~ AYI ABSTENTIONS ON THIS THE ~AY O Minut ta e p ed by: . • ~ . _ ~ynthia Singleton, TRMC, C City Secretary ~ ~ ~ 2012. _ , . ,,e, ,.,~ , ~~, . ~ _ _~~, .., .. ~ , ti.~_ , ~ ~ , ,