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HomeMy WebLinkAboutCity Council-Minutes-12/4/2012 I City of Colleyville +..r City Hall COLLEYVILLE City Council 100 Main Street Colleyville, Texas 76034 Agenda 817. 503.1000 rT� www.colleyville.com Tuesday, December 4, 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 Teen Court Program PC-2 Discussion of the December 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 - Litigation - City of Colleyville v. Mitchell 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 Lee Johnson, Bear Valley Community Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. OATH OF OFFICE - Miles Masker, Mayor for a Day City Council Agenda December 4, 2012 3. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-12-3563 4. 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 Miles Masker, Mayor for a Day - Mayor David Kelly Proclamation declaring December 7, 2012, "Thank a Teacher Day" at Colleyville Elementary School - Colleyville Elementary School Principal June Ritchlin - Mayor for a Day Miles Masker Proclamation in recognition of Grapevine-Colleyville Education Giving Month - Sue Franks, President and Janice Kane, Executive Director, Grapevine-Colleyville Education Foundation - Mayor David Kelly and Mayor for a Day Miles Masker 5. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3564 5a Approval of the minutes of the regular City Council meeting of November 20, 2012 5b Approval of a construction contract with 3D Paving and Contracting, LLC, for the Fiscal Year 2013 Miscellaneous Concrete Repair Contract, in an amount not to exceed $461,000, and authorize the city manager to execute the contract 5c Approval of a construction contract with APAC-Texas, Inc., for the 2012 pavement rehabilitation project, in the amount of $921,842.90, and authorize the city manager to execute the contract 5d Approval of a Trinity River Authority request to reallocate revenue bond funds, in the amount of $3,504,000, for Tarrant County Water Supply Project treatment plant and water transmission line improvements 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance 0-12-1857 Consideration of a request for a Special Use Permit for a carport on Lot 1A, Block 1, of the Meadowlake Addition located at 1117 W. L.D. Lockett Road, Case ZC12-024 City Council Agenda December 4, 2012 6b Ordinance 0-12-1858 Approval of enlarging the boundaries of Tax Increment Reinvestment Zone Number One, City of Colleyville, Texas; approving an amended Project Plan and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number One 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance 0-12-1859 Approval of an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the entire Village at Colleyville Addition located on Veranda Lane, Main Street, Village Lane, Piazza Lane, Terra Cotta Way, Cottage Lane, Mission Lane, Casa Lane, and in the 5100 to 5200 block of Pleasant Run Road, Case ZC12- 022 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-12-3565 A resolution revising Resolution R-12-3550 and amending the Incentives Guidelines and Criteria 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS Colleyville Library Board Meeting Minutes - September 10, 2012 Sign Board of Appeals Minutes - September 11, 2012 Zoning Board of Adjustment Minutes - October 9, 2012 Planning and Zoning Commission Minutes - October 22, 2012 Planning and Zoning Commission Minutes - November 12, 2012 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 4, 2012 - Reading and Public Hearing - Resolution R-12-3566 12. ADJOURNMENT <" ww : i sad City Council Agenda December 4, 2012 I hereby certify this agenda was posted on City Hall bulletin boards Friday, November 2012, b 5:0! •.m. l773 Cynthia Singleton, TRMC, C 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. # _b',a�xa yre City of Colleyville City Hall COLLEYVILLE City Council 100 Main Street Colleyville, Texas 76034 ''`NI Minutes - Draft 817. 503.1000 T F x `■ www.colleyville.com Tuesday, December 4, 2012 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on December 4, 2012, at 5:32 p.m. ROLL CALL: Mayor David Kelly, Mayor for a Day Miles Masker, Mayor Pro Tern 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 Rodney Cunningham, Police Lieutenant Hillary Wreay, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Colleyville Center Manager Lin Przybyl, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Human Resources Director Michelle Reyes, Parks Superintendent Tim Hightshoe, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, City Secretary Cynthia Singleton and Amy Shelley, were also present. PC-1 Discussion of Teen Court Program Karen Hines, Finance Manager, introduced Crystal Maddalena, Teen Court Coordinator and Sean Leonard, Reporting Compliance Manager with Southlake. Ms. Maddalena then presented information regarding the Teen Court Program. Councilmember Muhm questioned Ms. Maddalena regarding if some of the other teens live in one of the other three cities. Ms. Maddalena replied yes and actually, a teen can receive a citation in one of the four cities, and not live in one of these cities, yet still present to our teen court. Mayor Kelly questioned Ms. Maddalena regarding if the residents from outside of the area participate in this teen court. Ms. Maddalena replied they are committed to participate at any non-profit entity in any area. She further explained that those hours are tracked. Councilmember Muhm questioned Ms. Maddalena regarding if those other residents are participating in the Colleyville work site or in other areas. Ms. Maddalena replied yes. She stated that this report represents the total number of hours served in Colleyville. She further explained that most would serve in the general area in which they live, not necessarily in the city where they received their citation. City Council Minutes - Draft December 4, 2012 Mayor Kelly expressed having concerns for funding this program for residents outside of Colleyville. Discussion occurred between the City Council and Ms. Maddalena regarding service hours and service areas. Councilmember Muhm questioned Ms. Maddalena regarding the allocation and the funding for this program. He stated that it seems that Colleyville is funding one- fourth of the program, but it is not one-fourth of the burden. Mr. Leonard explained the process in which the budgeting is allocated to fund the program. He further explained that all of the participating cities will have to agree upon the allocation of the program funding for each. Mayor Kelly stated that the majorities are outside of the Colleyville area; therefore, we are subsidizing the program. Councilmember Short questioned Mr. Leonard regarding how you measure the effectiveness of the program. Mr. Leonard replied that it is really not something that is measurable. Councilmember Taylor stated that there is a value in the peer group review. He stated that this is another way to handle the workload in the justice system. Ms. Maddalena stated the trials presented by the teens are impressive. Councilmember Muhm stated he personally would like to see a more appropriate cost sharing of the program across the board. He further stated it appears Southlake is paying for more than their fair share. Councilmember Muhm questioned Ms. Maddalena regarding how many years the program has been in place within the four cities. Ms. Maddalena replied it has been in place for three years. Ms. Maddalena announced the holiday reception will be on December 12, 2012, from 3-5 p.m. at the Southlake Department of Public Safety headquarters. PC-2 Discussion of the December 4, 2012, City Council regular agenda items Fiona Allen, Regional Manager, Northern Region Trinity River Authority, presented a brief overview of agenda item 5d. Councilmember Muhm questioned Ms. Allen regarding if the City Council is authorizing the use of the funding for other projects. Ms. Allen replied yes. City Council Minutes - Draft December 4, 2012 Councilmember Muhm questioned Ms. Allen regarding how many cities have gone to permanent watering restrictions. Ms. Allen replied that currently Dallas has gone to a mandatory, two day a week, watering restriction. She stated the cities of Fort Worth and Arlington have discussed the issue but have not gone to anything mandatory. Community Development Director Ron Ruthven presented a brief overview of agenda item 7a - Ordinance 0-12-1859. Mayor Kelly and the Councilmembers agreed there has been some misinformation distributed in the community regarding this request. Councilmember Muhm questioned staff regarding how many buildings are proposed. Director Ruthven replied there are 163 sites. Councilmember Taylor stated there are vertical and horizontal aspects; essentially, stacking. Director Ruthven concurred. Mayor Kelly questioned staff regarding if the ancillary unit of 600 square feet was the applicant's request. Director Ruthven replied it was added back in at the request of the Planning and Zoning Commission. Mayor Pro Tern Hart stated the applicant did not request it. Director Ruthven concurred. Discussion occurred between the City Council and staff regarding the increased number of residential units. Councilmember Hall questioned staff regarding the minimum square footage allowed to be built on those lots. Director Ruthven replied the current ordinance allows for a minimum of 1,500 square feet, and that is the minimum square footage being proposed. Mayor Kelly stated the applicant is proposing town homes. Councilmember Wollin questioned staff regarding the applicant's proposal versus the Planning and Zoning Commission's recommendation. Director Ruthven explained the proposal based on the recommendations in the ordinance. Councilmember Muhm questioned staff, for clarification, regarding the areas located in The Village. Director Ruthven explained the areas based on the zoning exhibit provided in the packet. City Council Minutes - Draft December 4, 2012 Councilmember Hall questioned staff, for clarification, regarding the "NC" area and the fact there is only one additional unit being requested. Director Ruthven concurred. Councilmember Hall questioned staff regarding what exactly the applicant is proposing. Director Ruthven stated essentially the applicant wants to add more ground floors, residential versus commercial, in certain areas. Mayor Kelly stated this is an opportunity to take all of the ordinances and consolidate them into one complete ordinance. Councilmember Hall questioned staff regarding if this will have an effect on what The Village states the City owes them with regard to the TIF monies. City Attorney Matthew Boyle stated that there is no connection. Councilmember Short stated that by eliminating the ground floor commercial, the original concept of The Village disappears. Director Ruthven concurred. Councilmember Muhm questioned staff regarding how many more people is there a potential for, to live in The Village. Director Ruthven replied around 60 persons. Mayor Kelly stated that with more residents, the potential for commercial to succeed in The Village, is better. Councilmember Short questioned staff regarding what are the ratios of the number of people it takes to support commercial? Director Ruthven replied he did not know that answer. Mayor Kelly stated there are published numbers. Councilmember Taylor stated that if there are more residents here in The Village, the other businesses will survive. He stated that commercial will go where it can be successful. He stated he has not heard of any complaints of those persons who live in The Village. Mayor Kelly stated that the idea is to get something in The Village to get the project completed. Councilmember Taylor stated that this is a high end, residential development. He further explained that the commercial was a way to justify this project, in the beginning; however, it is no longer that project. Mayor Kelly stated that a new model has to be evaluated. Mayor Pro Tern Hart stated that this project started in a different economic time. He further questioned staff regarding the percentage of occupancy. Director Ruthven replied around 95 percent. City Council Minutes - Draft December 4, 2012 Councilmember Muhm questioned staff regarding how many units are owner occupied or leased. Director Ruthven replied not having those numbers, but he could have that available for the next meeting. Councilmember Wollin stated there is another dynamic situation in that the school district built their schools based on the number of children within the area for a particular school. She further stated this project was originally started as a commercial project; therefore, there may be an impact to the school. Director Ruthven stated a typical resident of The Village does not have children, as most are empty-nesters. Councilmember Hall stated there are concerns in the community that this type of home does not generate the tax revenue of a typical single family structure. Director Ruthven stated he does not agree with that statement. He further stated that with more units on each lot, there are more values for that parcel. Councilmember Hall questioned staff regarding if it is appropriate to ask the selling price for these homes. City Attorney Matthew Boyle replied no. Councilmember Wollin questioned staff regarding the parking for The Village. Director Ruthven explained the parking requirements for The Village. Councilmember Hall questioned staff regarding if there will be sufficient parking, as proposed by the applicant. Director Ruthven replied yes. Councilmember Muhm questioned staff regarding the 600 square foot units. Director Ruthven explained the ancillary units are included in the ordinance. Further discussion occurred between the City Council regarding these units. Councilmember Wollin stated she would like for the landscaping requirements to meet the current code requirements. She further stated that some of the trees listed currently in the ordinance are not good trees. Councilmember Taylor questioned staff regarding if this is similar to the request from Heritage Oaks. Director Ruthven stated the density in Heritage Oaks was lowered. Councilmember Taylor questioned staff regarding if the product is the same as Heritage Oaks. Director Ruthven replied yes. Discussion occurred between the City Council and staff regarding the separation of the buildings. Councilmember Taylor questioned staff regarding if the lots will have single units. Director Ruthven replied yes. City Council Minutes - Draft December 4, 2012 Councilmember Muhm questioned staff regarding if the applicant has provided what the product will look like. Director Ruthven replied staff has not seen any exhibits for the structures. He further explained the developer is trying to get the zoning in place to allow for the product. Councilmember Muhm questioned staff regarding the blanket special use permit to allow for alcohol sales. Director Ruthven explained that he was not aware of the reasoning why the blanket approval was put in place. Mayor Kelly questioned staff regarding why the Planning and Zoning Commission recommended this "blanket", given the fact that City Council does not approve "blanket" special use permits like this. Director Ruthven replied the Planning and Zoning Commission did not give a reason as to why the "blanket" approval was put in place, only that the previous ordinance did allow for such. Councilmember Hall questioned staff regarding the open space area in which, the Holly Colley event was held, are we not requiring them to build? Director Ruthven replied no, they can build on those lots. Mayor Kelly stated this provision allows for the use of the public plaza on those lots and the developer can still build on those lots. Councilmember Wollin questioned staff regarding if there is enough open space in the development, without that open plaza space. Director Ruthven replied yes. Councilmember Muhm questioned staff regarding the signage requirements. Director Ruthven replied there are no specifics on the sign requirements. Councilmember Muhm stated there needs to be specifics on signage in the ordinance. Mayor Kelly adjourned the Pre Council meeting at 7:04 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on December 4, 2012, at 7:38 p.m. ROLL CALL: Mayor David Kelly, Mayor for a Day Miles Masker, 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, Economic Development Director Marty Wieder, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Parks Superintendent Tim Hightshoe, Communications and Marketing Director Mona Gandy, City Attorney Matthew Boyle, City Secretary Cynthia Singleton and Amy Shelley were also present. City Council Minutes - Draft December 4, 2012 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.07.1 - 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 551.072 - 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 7:05 p.m. and reconvened at 7:38 p.m. INVOCATION: Pastor Lee Johnson, Bear Valley Community Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. OATH OF OFFICE - Miles Masker, Mayor for a Day Cynthia Singleton administered the Oath of Office to Mayor for a Day Miles Masker. 3. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-12-3563 This resolution was not needed. 4. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Wollin thanked Mary Rodne and her staff regarding the Holly Colley event. City Council Minutes - Draft December 4, 2012 Proclamation in recognition of Miles Masker, Mayor for a Day - Mayor David Kelly Mayor Kelly introduced the Mayor for a Day Miles Masker. Mayor for a Day Masker explained the essay he had written for the awarding of Mayor for the Day. Mayor Kelly then presented a proclamation to Mayor for a Day Miles Masker. Proclamation declaring December 7, 2012, "Thank a Teacher Day" at Colleyville Elementary School - Colleyville Elementary School Principal June Ritchlin - Mayor for a Day Miles Masker Mayor for a Day Miles Masker presented the proclamation for "Thank a Teacher Day" at Colleyville Elementary School to the Colleyville Elementary School Principal June Ritchlin. Ms. Ritchlin expressed her gratitude to Mayor for a Day Miles Masker. Proclamation in recognition of Grapevine-Colleyville Education Giving Month - Sue Franks, President and Janice Kane, Executive Director, Grapevine- Colleyville Education Foundation - Mayor David Kelly and Mayor for a Day Miles Masker Mayor for a Day Miles Masker presented the proclamation for the Grapevine- Colleyville Education Giving Month to Sue Franks, President and Janice Kane, Executive Director, of the Grapevine-Colleyville Education Foundation. The Foundation expressed their gratitude to Mayor for a Day Miles Masker as well as Mayor Kelly. GCISD Superintendent Dr. Robin Ryan was also present, as was GCISD Education Foundation Director Michael Taylor. 5. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3564 5a Approval of the minutes of the regular City Council meeting of November 20, 2012 5b Approval of a construction contract with 3D Paving and Contracting, LLC, for the Fiscal Year 2013 Miscellaneous Concrete Repair Contract, in an amount not to exceed $461,000, and authorize the city manager to execute the contract 5c Approval of a construction contract with APAC-Texas, Inc., for the 2012 pavement rehabilitation project, in the amount of $921,842.90, and authorize the city manager to execute the contract 5d Approval of a Trinity River Authority request to reallocate revenue bond funds in the amount of $3,504,000 for Tarrant County Water Supply Project treatment plant and water transmission line improvements City Council Minutes - Draft December 4, 2012 Mayor Kelly read Resolution R-12-3564 in its entirety. Mayor Kelly opened the public hearing at 8:00 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:00 p.m. Councilmember Wollin moved to approve Resolution R-12-3564 with an amendment to the November 20, 2012 meeting minutes. Mayor Pro Tem Hart seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tern Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance 0-12-1857 Consideration of a request for a Special Use Permit for a carport on Lot 1A, Block 1, of the Meadowlake Addition located at 1117 W. L.D. Lockett Road, Case ZC12-024 Mayor Kelly read the caption of Ordinance 0-12-1857. Mayor Kelly opened the public hearing at 8:02 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:02 p.m. Councilmember Muhm questioned staff regarding if the pitch on the roof will be 2:12. Director Ruthven replied yes. Mayor Kelly moved to approve Ordinance 0-12-1857. Councilmember Hall seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 6b Ordinance 0-12-1858 Approval of enlarging the boundaries of Tax Increment Reinvestment Zone Number One, City of Colleyville, Texas; approving an amended Project Plan City Council Minutes - Draft December 4, 2012 and Reinvestment Zone Financing Plan for Tax Increment Reinvestment Zone Number One Mayor Kelly read the caption of Ordinance 0-12-1858. Mayor Kelly opened the public hearing at 8:04 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:04 p.m. Mayor Kelly moved to approve Ordinance 0-12-1858. Mayor Pro Tem Hart seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance 0-12-1859 Approval of an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for the entire Village at Colleyville Addition located on Veranda Lane, Main Street, Village Lane, Piazza Lane, Terra Cotta Way, Cottage Lane, Mission Lane, Casa Lane, and in the 5100 to 5200 block of Pleasant Run Road, Case ZC12-022 Mayor Kelly read the caption of Ordinance 0-12-1859. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly questioned staff regarding what the developer is actually wanting to increase. Ron Ruthven replied an increase in 27 units. Mayor Kelly opened the public hearing at 8:19 p.m. Donald Silverman, representing the property owners, 14801 Quorum Drive, Dallas, TX, came forward to present the case and brief the City Council. David Crowder, 1100 Guadalupe Court, spoke in opposition to this request with concerns for the integrity of the community. John Terhoeve, 1204 Opal Court, stated he did not want any large multi-dwelling units. He stated he does, however, want the development to be finished. City Council Minutes - Draft December 4, 2012 Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this request with concerns for apartment units. James Day, 805 Shelton Drive, spoke in opposition to this request with concerns for apartments and the higher density. Randy Primrose, 5506 Sycamore Drive, spoke in support of this request. James Gordon, 6513 Ponderosa Lane, spoke in opposition to this request with concerns for the density. Henry Miller III, 101 Franklin Court, spoke in opposition to this request with concerns for apartments. Jim Lewis, 8809 Hornaday, Fort Worth, spoke in support of this request and stated that since he has a business in Colleyville; it will help his business to succeed. Tom Miller, 87 Casa Lane, and Rex A. Pitts, 66 Veranda Lane, registered their support regarding this request, but did not wish to speak. Brenton Johnson and Adrienne Johnson, 308 W. Elm Street; Brandon Brake, 6005 Milan Court; Jerry and MaryAnn Jones, 4110 Paddington Lane; Leigh Ann Crowder, 1100 Guadalupe Court; Tim O'Donnell and Melanie O'Donnell, 320 Montreal Drive, Hurst; Jeffrey and Jennifer Moschel, 6209 Westcoat Drive; He Yan, 4106 Wellington Drive; Weirong Manyloun, 6616 Sapphire Circle South; and Angela Kahle, 1605 Kingswood, registered their opposition regarding this request, but did not wish to speak. There were no other present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:45 p.m. Discussion occurred between Mayor Kelly and staff regarding the current number of units that are allowed and whether or not those units are residential or commercial. Councilmember Muhm questioned Mr. Silverman regarding the development, it appears that it is in two different parts, and what is the vision? Mr. Silverman replied that the product is zero lot line, single family, detached homes. He explained there is not a desire for the lots with commercial on the first floor; therefore, they want to construct single family residential homes on those lots. He stated apartments are not even a consideration. He explained the product will be similar to the product currently located in The Village and will number between 150 and 200. City Council Minutes - Draft December 4, 2012 Councilmember Muhm questioned Mr. Silverman regarding the development construction phase. Mr. Silverman explained the development would be done at once along the same line that K. Hovnanian did in the Heritage Oaks development. Councilmember Muhm stated it does not seem to be anything different than what is currently in place. Mr. Silverman concurred and stated that by building out the development, it will add value to the community. Councilmember Wollin questioned Mr. Silverman regarding if the ancillary unit, being 600 square feet, is something that is still being requested? Mr. Silverman replied they do not need this and it was not requested. He further explained the ancillary unit seems to be a carry over. Mayor Kelly explained that something needs to be done in The Village to get something moving within the development. He stated having some concerns for the recommendations made by the Planning and Zoning Commission, outside of the applicant's request. He stated being comfortable with limiting the number of units to 200. He stated not being comfortable with the overall blanket alcohol allowance. He stated being comfortable with the 1,500 square footage requirement and the ancillary unit. He further explained the ancillary unit and its purpose. Councilmember Hall questioned Mayor Kelly regarding the striking of the ancillary unit. Mayor Kelly stated being in favor of leaving it in the ordinance. Councilmember Taylor concurred with the Mayor. Director Ruthven stated currently six ancillary units are allowed and currently exist in The Village. Councilmember Wollin stated the ancillary units need to be defined in the ordinance. Mayor Kelly concurred. Mayor Kelly stated the late night hours of operation need to be defined in the ordinance as well. Mayor Kelly stated that basically the major change is the addition of residential units and that the commercial component remains the same, along Main Street. Councilmember Muhm stated he hopes this will help to spur the development, in addition to everything else that is going on in Colleyville. Discussion occurred between Councilmember Taylor and Mr. Silverman regarding the residential units versus the commercial component. Mr. Silverman explained these are single family, zero lot line, detached homes on these lots. Mayor Kelly concurred and stated that essentially the developer is gaining the first floor unit to be used as City Council Minutes - Draft December 4, 2012 residential versus commercial. Mr. Silverman stated, except on Main Street, where there will be commercial on the ground floor. Councilmember Taylor stated the City Council has always held the standards high with every amendment made. Mayor Kelly questioned Mr. Silverman regarding if the developer plans to move forward with this project, given the lack of the development in the past. Mr. Silverman replied yes. Mayor Kelly stated that the tree information will need to be updated in the ordinance as well. Councilmember Muhm stated the signage requirements will need to be updated in the ordinance as well. Director Ruthven explained additional information can be included. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-12-3565 A resolution revising Resolution R-12-3550 and amending the Incentives Guidelines and Criteria Mayor Kelly read Resolution R-12-3565 in its entirety. Economic Development Director Marty Wieder presented the case and briefed the City Council. Mayor Kelly opened the public hearing at 9:17 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:17 p.m. Councilmember Muhm questioned staff regarding what, specifically, is different from the previously approved resolution. Director Wieder explained the portion regarding the TIF grants, specifically, retail sales tax grants. Mayor Kelly moved to approve Resolution R-12-3565. Councilmember Wollin seconded the motion. The motion carried with the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Torn Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor City Council Minutes - Draft December 4, 2012 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kirstin Herrera, 5104 Green Hill Lane, came forward and spoke about concerns of Glade Road. 10. REPORTS Colleyville Library Board Meeting Minutes - September 10, 2012 Sign Board of Appeals Minutes - September 11, 2012 Zoning Board of Adjustment Minutes - October 9, 2012 Planning and Zoning Commission Minutes - October 22, 2012 Planning and Zoning Commission Minutes - November 12, 2012 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 4, 2012 - Reading and Public Hearing - Resolution R-12-3566 This resolution was not needed. 12. ADJOURNMENT There being no further business before the City Council, Councilmember Muhm moved to adjourn, and Councilmember Wollin seconded the motion. The motion carried with the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Mayor Kelly adjourned the City Council meeting at 9:28 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 18TH DAY OF DECEMBER 2012. Minutes taken and prepared by: • Am tkelley City Secretary