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HomeMy WebLinkAboutCity Council-Minutes-10/1/2012,,~=°~~ "~ City of Colleyville ~,ty Ha~~ ~v'LL~~ YIL.L~ Clty COUnCI~ 100 Main Street , , ,,,,,,,~ Colleyville, Texas 76034 ~ Agen(~a 817. 503.1000 ~ f. t ' www.colleyville.com Monday, October 1, 2012 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion of the insurance requirements found in Chapter 3.1 - Oil and Gas Well Drilling and Production in the Land Development Code PC-2 Discussion of designating City representatives for organizations in which the City has a membership PC-3 Discussion of the October 1, 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 - Litigation - City of Colleyville v. Mitchell Section 551.071 - Legal - Advice from City Attorney regarding drainage 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 .. 'i~ r~ e ~ ~,~, .: ~.:... . .,, .. ..,.. ~~,». ~ ~ `~~~~ :~ City Council Agenda October 1, 2012 INVOCATION: Pastor John Mayes, Colleyville First Assembly of God 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-12-3542 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of the National Alliance on Mental Illness, NAMIWaIk Tarrant County, October 6, 2012 - Carolyn E. Apodaca, NAMI Tarrant County President; Dana Beard, NAMIWaIk Manager - Mayor David Kelly 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3543 4a Approval of the minutes of the regular City Council meeting of September 18, 2012 4b Approval of an Agreement with the Texas Department of Transportation to contribute right-of-way funds for the construction of a new traffic signal at the intersection of L. D. Lockett Road and Precinct Line Road, and authorizing the city manager to execute same 4c Approval of an Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste program 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance 0-12-1856 Approval of a request for a zoning change from R20-Single Family Residential to CC1-Village Retail on Lots 13 and 14, Block 1, of the Thompson Terrace Addition located at 5008 and 5016 Thompson Terrace, Case ZC12-013 ~~ .. _ . ,, . , ~i ~ ~. ~; ~ ~ . ~, . ,.., . . _. :., ~~~ ~ City Council Agenda October 1, 2012 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-12-3544 Consideration of a request to abandon the right-of-way for Ruth Road, Case GC12-O10 6b Resolution R-12-3545 Approval of a replat for Lots 19, 20 and 21, Block A of the Whittier Heights, Phase I Addition located in the 6900 block of Whittier Lane, Case PC12-O10 6c Resolution R-12-3546 Consideration of a waiver to the emergency access easement requirements found in Chapter 14 - Engineering Design Standards in the Land Development Code, Case GC12-015 7. ORDINANCE(S) CONTINUED: READING AND PUBLIC HEARING 7a Ordinance 0-12-1832 Approval of a request to rezone 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 7b Ordinance 0-12-1833 Approval of amendments to the Future Land Use Map of the Colleyville Master Plan for 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, from a Single Family Land Use Designation to an Institutional Land Use Designation 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Planning and Zoning Commission Minutes - September 10, 2012 k,,.. ,:..... .., . ~ wP ^. ... . , ,.. ..: . _ , , _ ~ .. . .: .. ..... . .... , _W.. Y' +~ ~~`~" City Council Agenda October 1, 2012 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR October 1, 2012 - Reading and Public Hearing - Resolution R-12-3547 li. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Thursday, September 27f ZO1 Z, by 5: 00 p. m. P~~ Cynthia Singleton, TRMC, CM 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. ......... . ~,. +C ~ r~ ~r~' . . +~ .. . ~ ,,.,. ~ gr 4 ,~ .,'e /, '"-+ \ C~I.LEYVILLE ' i~ ti ~~ City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, October 1, 2012 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on October 1, 2012, at 5:33 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Stan Hall, 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 Hillary Wreay, Economic Development Director Marty Wieder, Marketing Coordinator Heather Gaven, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Parks Superintendent Tim Hightshoe, Human Resources Director Michelle Reyes, Strategic Services Manager Eric Ellwanger, Communications and Marketing Director Mona Gandy, City Attorney Cathy Cunningham, and City Secretary Cynthia Singleton were also present. PC-1 Discussion of the insurance requirements found in Chapter 3.1 - Oil and Gas Well Drilling and Production in the Land Development Code Community Development Director Ron Ruthven introduced Mr. Robert Carson, Energy Risk Management Consultant, The Primer Group, and provided information regarding the proposed review of the Oil and Gas Well Drilling and Production insurance requirements in Chapter 3.1 of the Land Development Code. Mr. Carson spoke regarding risk management, insurance and indemnification requirements specifically related to municipal regulation of gas well drilling and production, provided the findings of an initial review of the City's gas well insurance requirements, and answered questions of the City Council. The City Council determined Mr. Carson should review the oil and gas well drilling ordinance, current Titan Operating, LLC contract, certificates of insurance and gas drilling contracts, as appropriate. PC-2 Discussion of designating City representatives for organizations in which the City has a membership City Council determined Councilmember Short would serve as the primary TEX-21 representative and Councilmember Taylor as the secondary representative. s r .. , m, ,:.,~. rt~ r~rt~ ~~~~~~,~ w , ~~'""~, ~r . *"~ „. ~ ,~~ ^;~„ °. • i ~;i ;,,.. -Y .pm .,r:i h ; I. ` "':.. I , k,, u ,., , .;. I r a+en y ex,. .-m i~,. r .u~. ~ It .-4~ ~ n ~ `~~" :. Crty ot Colleyvil/e. ,~ Page 1 City Council Minutes October 1, 2012 PC-3 Discussion of the October 1, 2012, City Council regular agenda items Discussion ensued regarding agenda item 6a, a request to abandon the right-of-way for Ruth Road related to the history of and reason for the request to abandon the road. There was general discussion regarding agenda item 4b, an agreement with the Texas Department of Transportation for construction of a traffic signal related to the need for a traffic signal, timeline of the project, and funding. Mayor Kelly adjourned the Pre Council meeting at 6:09 p.m. Mayor David Kelly called the regular meeting of the Colleyville City Council to order on October 1, 2012, at 6:10 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Stan Hall, 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 Hillary Wreay, Economic Development Director Marty Wieder, Marketing Coordinator Heather Gaven, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Parks Superintendent Tim Hightshoe, Human Resources Director Michelle Reyes, Strategic Services Manager Eric Ellwanger, Communications and Marketing Director Mona Gandy, City Attorney Cathy Cunningham, and City Secretary Cynthia Singleton were also present. 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 - Litigation - City of Colleyville v. Mitchell Section 551.071 - Legal - Advice from City Attorney regarding drainage 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. ~,: ~ City'of Coi'leyvi e .~, ~ ~ ~. ~, .,,, ~ n,,, ,ti , , ;~~~~~~ ~~~~ ~~~~~, ~~~;~ ~~~~~ ~~ s Page 2 City Council Minutes October 1, 2012 The meeting was recessed at 6:10 p.m. and reconvened at 7:51 p.m. INVOCATION: Councilmember Mike Taylor PLEDGE OF ALLEGIANCE: City Attorney Cathy Cunningham 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-12-3542 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Mayor Kelly invited citizens to the National Night Out event at City Park, Tuesday, October 2, 2012, at 6:00 p.m. The event promotes public safety awareness and prevention. The annual softball game between the Fire Department and the Police Department begins at 7:00 p.m. and proceeds benefit the Citizen Fire Academy Alumni and Citizen Police Academy Alumni Associations. Mayor Kelly presented a Proclamation to Carolyn E. Apodaca, National Alliance on Mental Illness (NAMI), President, and Dana Beard, NAMIWaIk Manager, in recognition of the NAMIWaIk Tarrant County on October 6, 2012. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3543 4a Approval of the minutes of the regular City Council meeting of September 18, 2012 4b Approval of an Agreement with the Texas Department of Transportation to contribute right-of-way funds for the construction of a new traffic signal at the intersection of L. D. Lockett Road and Precinct Line Road, and authorizing the city manager to execute same 4c Approval of an Interlocal Agreement for participation in Fort Worth's environmental Collection Center Household Hazardous Waste program Mayor Kelly read Resolution R-12-3543 in its entirety. City Manager Jennifer Fadden provided information regarding Consent agenda item 4b for the construction of a new traffic signal at the intersection of L. D. Lockett Road and FM 3029 (Precinct Line Road) and stated TxDOT notified the City funding was available for the installation of the signal in 2013, the City's total contribution to the project is $500, and must be paid before the project can proceed. ~.~ ~ ~..~. r v y.,..~ a .. m. s, a ~~,~.x:. .A+- :. JN~u~~~ ~.n~',= °v;~n eN.. i~sl'er ~~tPE~;`».~° r. . City of`Col%yvil/e ° Page 3 Citv Council Mayor Kelly opened the public hearing. Minutes October 1, 2012 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-12-3543. Councilmember Hall seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance 0-12-1856 Approval of a request for a zoning change from R20-Single Family Residential to CC1-Village Retail on Lots 13 and 14, Block 1, of the Thompson Terrace Addition located at 5008 and 5016 Thompson Terrace, Case ZC12-013 Mayor Kelly read the caption of Ordinance 0-12-1856. Community Development Director Ron Ruthven stated the applicant submitted a request to change the zoning from the R20-Single Family Residential zoning district to CC1-Village Retail zoning district so the property can be utilized for medical uses. Mr. Ruthven further stated the building will be required to meet regulations regarding the building design score, and the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Mr. Gerald Ward, 4301 Briar Ridge Drive, representing the applicant, spoke regarding the use of the property, and answered questions of the City Council. Ms. Amanda Dunn, 312 Marseille Drive, applicant, was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the number of parking spaces, the building design score, and floor plan. ~ ~ , , . ,:_ :. r. ..n ~ .£.~ . ~. ~_n .~ ,~ ~City o 'Co' eyvil/e' ~., ~ ~~ , N~ , ~R. ~~~ -~~ ~ ~~.~~ ~ ~ . , ~ • . : Page 4 City Council Minutes October 1, 2012 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-12-3544 Consideration of a request to abandon the right-of-way for Ruth Road, Case GC12-010 Community Development Director Ron Ruthven stated the property owners at 5601 and 5513 Montclair Drive submitted a request to abandon the right-of-way at Ruth Road, which is a 260 foot long unpaved right-of-way that connects to Montclair Drive, and was originally intended to connect Montclair Drive to Sycamore Drive, but the connection was never completed. Mr. Ruthven further stated Ruth Road provided access to a vacant lot at 2104 Ruth Road. Adjacent property owners replatted the property combining 2104 Ruth Road with 5601 Montclair Drive into one lot, eliminating the access issue. Mayor Kelly read Resolution R-12-3544 in its entirety. Mayor Kelly opened the public hearing. Dr. Don Enty, 5513 Montclair Drive, and Steve Pence, 5601 Montclair Drive, applicants, were present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Hart moved to approve Resolution R-12-3544. Councilmember Taylor seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 6b Resolution R-12-3545 Approval of a replat for Lots 19, 20 and 21, Block A of the Whittier Heights, Phase I Addition located in the 6900 block of Whittier Lane, Case PC12-O10 Mayor Kelly read Resolution R-12-3545 in its entirety. Community Development Director Ron Ruthven stated Toll Brothers is requesting a replat of Lots 19, 20 and 21 in the Whittier Heights Addition, located at 6820, 6900, and 6904 Whittier Lane, for the purpose of abandoning the existing 50 foot right-of- way extension of Riverpath, with the remaining 25 feet to be designated as an emergency access and utility easement only. The Planning and Zoning Commission approved the replat and because the request involves abandoning a portion of right- ~ :s,. ~, .. . n ahe r;~ :: r P~; , °a~su i ' o i„ ,~,y ,~,~.~EB~ &~~'~~s wv ~ ~,w a~k . , ~' F. City of Col%yville~ ~ ~ ~ ~ Page 5 City Council Minutes October 1, 2012 of-way as part of the action approving the replat, the replat requires City Council approval. The right-of-way abandonment request will be considered as a separate City Council agenda. Mayor Kelly opened the public hearing. Mr. Rob Paul, President, Dallas/Fort Worth Division, Toll Brothers, 2557 Southwest Grapevine Highway, Grapevine, Texas, spoke regarding agreements with residents in Whittier Heights related to access to Whittier Heights. Mr. Brian Reed, 6712 Whittier Lane, spoke in support of the proposed resolution. Mr. David Hager, 6812 Whittier Lane, spoke in support of the proposed resolution. Mr. Don Albrecht, 533 Haverhill Lane, spoke in support of the proposed resolution and stated the homeowners in Whittier Heights have been notified of the settlement. Ms. Regenia Hidalgo, 6905 Providence Road and Mr. Richard Goble, 6809 Providence Road, did not wish to speak, but wished to record support of the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding requirements for emergency access gates. Councilmember Taylor moved to approve Resolution R-12-3545. Councilmember Hall seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 6c Resolution R-12-3546 Consideration of a waiver to the emergency access easement requirements found in Chapter 14 - Engineering Design Standards in the Land Development Code, Case GC12-015 Mayor Kelly read Resolution R-12-3546 in its entirety. Community Development Director Ron Ruthven stated, as part of the replat application described in agenda item 6b, Toll Brothers, Inc. is requesting a waiver to the emergency access gate requirements in the Land Development Code. The applicant is requesting approval to allow non-emergency access to the gate for Toll Brothers' employees. The gate would be constructed within an emergency access ~~~ ~City o o'1%yvil/e ,, ~. , ,~ a , , ~ ~~ -~ ~~~ ~~ ~e r ,, " ~~ Page 6 Citv Council Minutes October 1, 2012 easement linking The Reserve at Colleyville to the Whittier Heights Addition. Mr. Ruthven further stated the applicant states that the reason for this request is a mutual agreement between homeowners in the Whittier Heights Addition to abandon the Riverpath right-of-way in favor of an emergency access gate whereby Toll Brothers would have access to the gates. In order to allow non-emergency access for an entity other than emergency service vehicles, a waiver is required. Mayor Kelly opened the public hearing. Mr. Rob Paul, Dallas/Fort Worth Division President, Toll Brothers, 2557 Southwest Grapevine Highway, Grapevine, Texas stated the exception is needed for ease of operation for Toll Brothers, Inc. employees. Mr. Brian Reed, 6712 Whittier Lane, spoke in support of the proposed resolution. Mr. David Hager, 6812 Whittier Lane, spoke in support of the proposed resolution. Mr. Don Albrecht, 533 Haverhill Lane, spoke in support of the proposed resolution. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the installation and funding of the emergency access gates at Broughton Addition and the Old Grove Addition. Mr. Paul stated Toll Brothers Inc., employees will open the access gates with a remote control device. Councilmember Hall moved to approve Resolution R-12-3546, with the following amendments: Toll Brothers, Inc., will be changed to Toll Brothers, Inc. and its affiliates; the emergency access gate between The Reserve at Colleyville Addition and the Whittier Heights Addition will remain closed at all times; and the waiver allowed by this resolution will expire five (5) years from the date of its passage, unless the applicant provides proof that Toll Brothers, Inc. and its affiliates still own lots in The Reserve at Colleyville addition and the Whittier Heights addition. Councilmember Hart seconded the motion. The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor ~m~ , ~~ ~~ ~ ~~~,~-t ' City of' ~ ol~eyville ~,; ~ ~. ~ y.. . ; , ~ ,~ .; . ~ Page 7 ~ City Council Minutes October 1, 2012 7. ORDINANCE(S) CONTINUED: READING AND PUBLIC HEARING 7a Ordinance 0-12-1832 Approval of a request to rezone 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 during consideration of agenda items 7a and 7b, due to a conflict of interest and stated Mayor Pro Tem Hart will preside. Mayor Pro Tem Hart recessed the meeting at 9:04 p.m. and reconvened at 9:10 p.m. Mayor Pro Tem Hart read the caption of Ordinance 0-12-1832. Community Development Director Ron Ruthven stated on May 15, 2012, this item was continued to the October 1, 2012 City Council meeting. Mr. Ruthven summarized the most recent information received from the applicant as follows: (1) an outdoor public plaza with water feature and pavilion has been added near the center of the site; (2) the concept plan now provides 4.2 acres of detention area and mitigates the issue of regional detention for the surrounding area; (3) public open space has increased from 34 percent to 47 percent. The sum of public and private open space is now 54 percent; (4) source and use details for the design and construction of the roundabout have been provided in order to facilitate further discussion of a city-developer agreement; (5) the development program has been reduced by 9 units with elimination of the cottages; (6) the trip counts in all categories have been reduced from the original Traffic Impact Analysis (TIA), due to the type of unit mix being adjusted; (7) a northbound right turn lane on Wayne Drive has been added to the concept plan; (8) the independent living building has been redesigned and is now limited to 35 feet in height; (9) masonry percentage for the office building has been increased from 75 percent to 100; (10) masonry percentage on the assisted living building has been increased from 25 percent to 50 percent; and, (11) the setback along Wayne Drive for all buildings has been increased from 30 feet to 40 feet. Mr. Ruthven further stated, as part of the modified proposal, in lieu of constructing the required improvements to the adjacent roadways or placing funds in escrow for future construction, the applicant proposes to reconstruct the intersection of Bedford Road/Bedford Court and Cheek-Sparger Road, currently a two-way stop for Bedford Road/Bedford Court only, as a roundabout. The developer also proposes to construct a northbound right turn lane on Wayne Drive where it intersects Cheek-Sparger Road. Construction funding, as proposed by the applicant, would be contributed as follows: $200,000 of the construction cost (or 23 percent) would be contributed by the applicant. According to the applicant, the remainder of the construction cost ~a ~ 'City of ~Col~ey~i//e `'~~ ~ ~, , ~ ~ ~P. ~~ ~~~~ s ~ ~~ ih~ J ,~ ~ ~ ~ Pa ~ e g ' 9 Council Minutes October 1, 2012 would be borne by the City. The project scope and cost would be outlined in a city- developer agreement, which requires City Council approval. Mr. Ruthven reviewed the dates of public meetings held by the applicant and the City's public notification efforts of the rezoning request and stated the Planning and Zoning Commission recommended approval. Mayor Pro Tem Hart opened the public hearing. Mr. Don Wilson, 5102 Montclair, Chairman, Cirrus Health, applicant, spoke regarding citizen input during the public meetings held by the applicant, and traffic volume and flow. Mr. Coy Talley, Talley Associates, 1925 San Jacinto, Dallas, Texas, representing the applicant, spoke regarding the project architecture details, number of cottages, landscape buffer and detention, setbacks, park and open space, preservation of trees, building elevations and project timeline. Mr. Gary Koener, Three, representing the applicant, spoke regarding the redesign elements of the development, community involvement and activities in the mixed use development, and elevation of residences. Mr. Joe Behm, 3713 Woodmont Court, Bedford, Texas, spoke in opposition to the proposed ordinance and regarding drainage issues along Wayne Drive and Cummings Drive. Ms. Suzanne Harrington, 4000 Southwood West, spoke in support of the proposed ordinance. Ms. Janet Moore, 919 Cheek-Sparger Road, owner of Daisy Hill Academy, spoke in opposition to the proposed ordinance and regarding traffic flow and volume generated by the proposed development and the construction period of the development. Mr. Steve Fithian, 1849 Pearson Crossing, Keller, Texas, representing the Tara Village Retail Center, spoke in support of the proposed ordinance. Mr. Steven Fryer, 4300 Briar Ridge Drive, representing the Saddlebrook Homeowner Association Board of Directors, spoke in opposition to the proposed ordinance and agenda item 7b, and regarding traffic volume and speed on Cheek-Sparger Road, and the long-term viability of the proposed project. Mr. Pete Craver, 3908 Copperwood Court, spoke in opposition to the proposed ordinance and regarding notification of the public hearing, and traffic flow and volume on Cheek-Sparger Road. The following individuals did not wish to speak, but wished to record opposition to the proposed ordinance: Harley Perry, 912 Brestol Court East, Bedford, Texas; Janet y ~~~a : ~' City of'Co eyvi~ e h~ ~i " ~ ~ `Page 9 City Council _ Minutes October 1, 2012 Dow, 1320 Hardisty Road, Bedford, Texas; Jean Tingley, 921 Brestol Court West, Bedford, Texas; Aaron Holderness, 933 Harwood Terrace, Bedford, Texas; Jason Spangler, 3632 Wayne Court, Bedford, Texas; Warren Spangler, 3632 Wayne Court, Bedford, Texas; Ellabelle Bobbitt, 937 Harwood Terrace, Bedford, Texas; Wayne Bobbitt, 937 Harwood Terrace, Bedford, Texas; Barry and Carol Simon, 902 Saddlebrook Drive; April Olson, 5813 Southern Hills Drive, North Richland Hills, Texas; Talat Majeed, 1520 Babbling Brook Drive, Grand Prairie, Texas; Ratna Pathak, 813 Prestwick, Bedford, Texas; Saleena Schley, 7708 Clenis Lane, North Richland Hills, Texas; Elizabeth Frankel, 405 Timberline Drive North; Theresa Smith, 304 Cannon Drive, Hurst, Texas; Ashley Adams, 6440 Sudbury Way, North Richland, Texas; Jacqueline Harward, 4612 Parkmount Drive, Fort Worth, Texas; Bruce Frankel, 919 Cheek-Sparger Road; Andrea Walther, 919 Cheek-Sparger Road; Caitlyn Zappia, 919 Cheek-Sparger Road; Dawn Craver, 3908 Copperwood Court; Mike and Brenda Bonser, 4207 Green Meadow Court East; Michael McWithey, 4001 Copperwood Court; Lola Lawrence, 4105 Greenway Court; Florence Wallace, 4205 Green Meadow East; Tom and Jocelyne Buckelew, 3709 Woodmont Court, Bedford, Texas; Jason Mraz, 4103 Southwood West; Tisha Ghormley, 502 Green Meadow North; Becki Cate, 4105 Inwood Lane; Bill Cate, 4105 Inwood; Kristin Robertson, 604 Saddlebrook Drive; Adam Gordon, 604 Saddlebrook Drive; Emily Luoma, 4300 Shadow Ridge; Robert Luoma, 4300 Shadow Ridge Drive; Denise Miller, 4302 Chimney Rock Court; Michael Miller, 4302 Chimney Rock Court; Michael Copp, 803 Inwood Lane; William Bowen, 1001 Rodeo Drive; Nancy Bowen, 1001 Rodeo Drive; Terry Reid, 907 Inwood Lane; Roy Myrick, 600 Summertree Court; Trena Smith, 708 Saddlebrook Drive; Jason Smith, 708 Saddlebrook Drive; and, Kenneth Wallace, 4205 Green Meadow East. The following individuals did not wished to speak, but wish to record support of the proposed ordinance: Stephanie Cotton, 4303 Brookhollow and James Cotton, 4303 Brookhollow. There were no others wishing to speak concerning this item and Mayor Pro Tem Hart closed the public hearing. Community Development Director Ruthven provided information regarding the cost and funding sources for construction of a Cheek-Sparger Road roundabout. Public Works Director Bob Lowry provided information regarding infrastructure needs of Cheek-Sparger Road, Wayne Drive, and Bedford Court, and stated County bond funds are not available for Cheek-Sparger Road improvements. Mr. Don Wilson outlined the timeline and phases of the project and answered questions of the City Council. Discussion ensued regarding building height, number of employees, fencing, tree preservation, and funding sources for the construction of the roundabout. ~ ,~ ,, ~~~~ ~~ ~ ~.~ .a~n r. il .aih I - 'nsx.nr W XXU ~ h S.~rn`"`. - .. City'of~C'o/leyvi e' ~ ~ ~ ° ~ Page 10~~ Citv Council Minutes October 1, 2012 City Attorney Cathy Cunningham suggested the following language in Section 10, Fencing, subsection a, an eight foot fence, which shall have a preponderance of masonry materials, with other materials allowed as necessary, to protect trees or as needed in regard to other considerations, shall be constructed along the south and east property lines adjacent to the existing residential uses located in the City of Bedford. Councilmember Muhm moved to approve Ordinance 0-12-1832, with changes as recited by the City Attorney for Section 10a, Fencing. Mayor Pro Tem Hart seconded the motion. The motion carried with the following vote: Aye: Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 7b Ordinance 0-12-1833 Approval of amendments to the Future Land Use Map of the Colleyville Master Plan for 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, from a Single Family Land Use Designation to an Institutional Land Use Designation Mayor Pro Tem Hart read the caption of Ordinance 0-12-1833. Community Development Director Ron Ruthven stated this item serves as a companion item to the previous agenda item, and, if approved, this property will be designated as an institutional use for the purposes of the future land use plan. Mayor Pro Tem Hart opened the public hearing. The following individuals did not wish to speak, but wished to record opposition to the proposed ordinance: Lola Lawrence, 4105 Greenway; Shirley Suey, 913 Brestal Court East, Bedford, Texas; Janet Dow, 1320 Hardisty Road, Bedford, Texas; Jean Tingley, 921 Brestol Court West, Bedford, Texas; Aaron Holderness, 933 Harwood Terrace, Bedford, Texas; Jason Spangler, 3632 Wayne Court, Bedford, Texas; Warren Spangler, 3632 Wayne Court, Bedford, Texas; Barry and Carl Simon, 902 Saddlebrook Drive; Dawn Craver, 3908 Copperwood Court; Florence Wallace, 4205 Green Meadow East; Tom and Jocelyne Buckelew, 3709 Woodmont Court; Jason Mraz, 4103 Southwood West; Tisha Ghormley, 502 Green Meadow Street North; Emily Luoma, 4300 Shadow Ridge; Robert Luoma, 4300 Shadow Ridge Drive; Denise Miller, 4302 Chimney Rock Court; Michael Miller, 4302 Chimney Rock Court; Michael Copp, 803 Inwood Lane; William Bowen, 1001 Rodeo Drive; Nancy Bowen, 1001 Rodeo Drive; Terry Reid, 907 Inwood Lane; Roy Myrick, 600 Summertree Court; Bill ; ~ City of Col eyvir~e, .~:, _~ M , • , ~~ . ..~ , ,, , ~ .~.. E - ~ ~ ~,~ ~ ..~~~~~~~r~~ ~ ~~~°~ P g 1 Y a e City Council Minutes October 1, 2012 Cate, 4105 Inwood Lane; Becki Cate, 4105 Inwood Lane; Kristin Robertson, 604 Saddlebrook Drive; Trena Smith, 708 Saddlebrook Drive; Jason Smith, 708 Saddlebrook Drive; Kenneth Wallace, 4205 Green Meadow East; Mike and Brenda Bonser, 4207 Green Meadow East; Adam Gordon, 604 Saddlebrook Drive; Michael McWithey, 4001 Copperwood Court; Wayne Bobbitt, 937 Harwood Terrace, Bedford, Texas; Ellabelle Bobbitt, 937 Harwood Terrance, Bedford, Texas; and, Barry and Carol Simon, 902 Saddlebrook Drive. The following individuals did not wish to speak, but wish to record support of the proposed ordinance: Stephanie Cotton, 4303 Brookhollow and James Cotton, 4303 Brookhollow. There were no others wishing to speak concerning this item and Mayor Pro Tem Hart closed the public hearing. Councilmember Hall moved to approve Ordinance 0-12-1833. Councilmember Short seconded the motion. The motion carried with the following vote: Aye: Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS Planning and Zoning Commission Minutes - September 10, 2012 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR October 1, 2012 - Reading and Public Hearing - Resolution R-12-3547 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Mayor Kelly moved to adjourn, and Mayor Pro Tem Hart seconded the motion. °=~n .~~ 4~~~,~~ri N~~:gr~-~ ,. , City°of~Col%yville "" ° ` ''' ~°~ ~" °~ "~"' ~~~ Page I2~ ~ City Council Minutes October i, 2012 The motion carried with the following vote: Aye: Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Mayor Pro Tem Hart adjourned the City Council meeting at 11:00 p.m. APPROVED BY A VOTE OF AYES, NAY ', AND O ABSTENTIONS ON THIS THE ~; DAY OF 2012. Minutes ake and ~~~~-~-- -~~ / ~inthia Singleton, TRMC, CMC City Secretary ~ - " v ~~~~. , ~. ~.~ ~ ~~y~ ~ ~: ry a ~. e.. . ~_~,.-x ... . r {, a w ~ , _; r.,, - _~... ,.~ City of Col%yv~/le' Page 23