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HomeMy WebLinkAboutCity Council-Minutes-12/18/2012 City of Colleyville City Hall COLLEYVILLE City Council 100 Main Street Colleyville, Texas 76034 Agenda 817. 503.1000 r r x www.colleyville.com Tuesday, December 18, 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 update from the Colleyville Area Chamber of Commerce PC-2 Discussion of additional street lighting on the SH121 Frontage Road PC-3 Discussion of intersection evaluation and preliminary roundabout design for the intersection of Cheek-Sparger Road and Bedford Road/Court PC-4 Update of the construction on SH26/Colleyville Boulevard and City owned utility relocations PC-5 Presentation of the Monthly Financial Report - November 2012 PC-6 Discussion of the December 18, 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 drainage 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 City Council Agenda December 18, 2012 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Neda Moayad, Colleyville Baha'i Community 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-12-3567 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Colleyville's featured business - Punky Lunky, 99 Cheek-Sparger Road, Suite 101A, Tanya Nelson, Owner - Mayor David Kelly and Economic Development Director Marty Wieder Recognition of employees' years of service Recognition of employee achievements 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3568 4a Approval of the minutes of the regular City Council meeting of December 4, 2012 4b Approval of a preliminary plat for 16.8 acres on Lot 1A, Block 1, of the River Valley Ranch Addition and Lot 1B1, Block 1, of the Tate Addition located in the 1200 block of Murphy Road, Case PC12-017 4c Approval to order a 2013 Ford ambulance from Frazer Limited/Sterling McCall Ford, utilizing pricing through the Houston-Galveston Area Council of Governments (HGAC), in an amount not to exceed $209,025, and authorize the city manager to execute the purchase order City Council Agenda December 18, 2012 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-12-1860 Approval of amendments to Chapter 9-Subdivision Design and Public Facilities in the Land Development Code 6b Ordinance 0-12-1861 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 ZC12-026 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-12-3569 Consideration of appointments to the Architectural Review Commission 7b Resolution R-12-3570 Consideration of appointments to the Colleyville Sidewalks Committee 7c Resolution R-12-3571 Consideration of appointments to the Parks and Recreation Advisory Board 7d Resolution R-12-3572 Consideration of appointment to the Historical Preservation Committee 7e Resolution R-12-3573 Consideration of appointments to the Traffic Safety Advisory Committee 7f Resolution R-12-3574 Consideration of appointments to the Colleyville Events Steering Committee City Council Agenda December 18, 2012 7g Resolution R-12-3575 Consideration of appointments to the Colleyville Center Advisory Committee 7h Resolution R-12-3576 Consideration of appointment to the Zoning Board of Adjustment 7i Resolution R-12-3577 Consideration of appointments to the Tax Increment Finance District Board 7j Resolution R-12-3578 Appointing a Chairman of the Tax Increment Finance District Board 7k Resolution R-12-3579 Approval of a resolution concerning the June 2011 Oncor Settlement Rate Case Ordinance, City of Colleyville Ordinance 0-11-1797 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Sign Board of Appeals Minutes - November 13, 2012 Planning and Zoning Commission Minutes - November 26, 2012 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 18, 2012, - Reading and Public Hearing - Resolution R-12-3580 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 14, 2012, by 5:00 p.m. Cynthi ingleton, TRMC, CMC City Secretary City Council Agenda December 18, 2012 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. ?' \ City of Colleyville City Hall COLLEYVILLE City Council 100 Main Street Colleyville, Texas 76034 Minutes 817. 503.1000 r 5 www.colleyville.com Tuesday, December 18, 2012 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on December 18, 2012, at 5:33 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tern Tom Hart and Councilmembers 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, Sergeant Robert Hinton, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Project Engineer Dale Crown, Colleyville Center Manager Lin Przybyl, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Parks Superintendent Tim Hightshoe, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley were also present. Absent: Councilmember Carol Wollin PC-1 Presentation and update from the Colleyville Area Chamber of Commerce Jenna Waters, President, Colleyville Area Chamber of Commerce, spoke regarding Chamber news. Councilmembers Muhm, Short, and Hall thanked Ms. Waters regarding the presentation. Councilmember Hall stated he would like the Chamber to work strategically on retaining and attracting new businesses to Colleyville. He suggested the Chamber work with Economic Development Director Marty Wieder. Director Wieder concurred and further explained his plan to work with the Chamber during ICSC and Cash Mob events. Ms. Waters concurred as well, and stated it is important for the Chamber board members to work with economic development measures. Councilmember Muhm stated he appreciated the word "Colleyville" being larger than the rest of the branding with the Chamber. Ms. Waters concurred and stated that Colleyville sits well in the metroplex and further stated the Chamber needs the other areas for their support. City Council Minutes December 18, 2012 Councilmember Muhm stated if the City succeeds, then the area succeeds. Councilmember Taylor stated Ms. Waters does understand the need for economic development, and the Chamber is fortunate to have her. He further explained that Colleyville's zip code carries value for this area. Councilmember Hall stated the City Council wants the Chamber to do well. PC-2 Discussion of additional street lighting on the SH121 Frontage Road Public Works Director Bob Lowry stated he has contacted Oncor about additional lighting for the SH121 corridor. Councilmember Hall questioned Director Lowry regarding if there will be additional light poles installed. Director Lowry replied no; there are poles in place. Councilmember Muhm questioned Director Lowry regarding if these are typical light poles. Director Lowry replied yes. Councilmember Muhm questioned Director Lowry regarding if additional lighting will be in place from JR's Steakhouse to Glade Road. Director Lowry replied yes. Councilmember Muhm questioned Director Lowry regarding the cost. Director Lowry replied it will be $18 dollars per month, per light. He further explained the $18 dollars includes the electricity and the maintenance of those lights. Councilmember Short stated he was pleased with those findings. City Council concurred. PC-3 Discussion of intersection evaluation and preliminary roundabout design for the intersection of Cheek-Sparger Road and Bedford Road/Court Mark Goode III, Professional Engineer and Senior Project Manager with Kimley-Horn, presented information for this agenda item to the City Council. Mayor Kelly stated the mobility has to remain balanced but not appear too attractive to where it becomes a cut-through for traffic. Councilmember Muhm questioned Mr. Goode regarding the turning in the roundabout. Mr. Goode explained the roundabout has a very tight turn with islands that encourage a slowing mechanism. City Council Minutes December 18, 2012 Mayor Kelly questioned Mr. Goode regarding how this roundabout compares to the roundabout in Southlake at Whites Chapel and Continental. Mr. Goode explained the Glade and Pool Road roundabout would be close in comparison to this proposed roundabout. He explained the circulating lane at Glade and Pool is 16 feet and currently this proposed roundabout is 15 feet with a two foot off-set built in. He explained the truck apron at Glade and Pool Road is 67 feet whereas this proposed truck apron is 70 feet in diameter. Councilmember Short stated he likes the middle of the roundabouts to be a little larger. Councilmember Hall stated the one at Glade and Pool Road does not appear to be large enough. He stated they need to be as big as possible for a better reaction time. Mr. Goode stated the design of a roundabout is an art that goes along with the science of the design. Councilmember Hall stated the roundabout at Whites Chapel in Southlake is nice. Councilmember Short concurred. Mr. Goode stated he would like guidance from tonight's meeting regarding the design of this roundabout. Councilmember Short questioned Mr. Goode regarding if right-of-way is an issue. Mr. Goode replied right of way is not really an issue with a single lane roundabout. Mayor Kelly stated he is not concerned with the landscaped features as much as he is with the speed controls. Councilmember Muhm questioned Fire Chief Russell Shelley regarding the size of the ladder truck. Chief Shelley replied the ladder trucks are 43 and 49 feet. Mayor Pro Tern Hart questioned Mr. Goode regarding if the traffic will back up from the stop light at Brown Trail. Mr. Goode replied no. Councilmember Taylor stated the object of this is to keep the traffic moving and control the speed. Mayor Kelly concurred. Mr. Goode stated if the speeds are in the right range, then people will feel more comfortable merging into the lanes. He further stated this roundabout will allow the school traffic to get back to Brown Trail from the right turn only. City Council Minutes December 18, 2012 PC-4 Update of the construction on SH26/Colleyville Boulevard and City owned utility relocations City Engineer Jeremy Hutt presented information regarding this agenda item. Discussion occurred between Councilmember Muhm and City Engineer Hutt regarding utility relocations with the phasing of the project. Councilmember Muhm questioned City Engineer Hutt regarding if this was on the east or west side of the road for Phase III. City Engineer Hutt replied it is both, just in the City limits. Councilmember Short questioned City Engineer Hutt regarding if the utility relocation will need to take place before the widening can take place. City Engineer Hutt replied yes. Mayor Kelly explained the City of Hurst is not totally committed to this project. Councilmember Short stated he is not familiar with the limits with this roadway project. City Engineer Hutt explained the City would like to do all of the utility relocations for this corridor, therefore they are looking for a good stopping point. Mayor Kelly stated with all of the utilities relocated, the project could then move forward, when the funds became available, with no delays. Councilmember Muhm questioned staff regarding when Phase II dirt would start to move. City Engineer Hutt replied 2014. Councilmember Taylor stated this will help the property owners to know that their property will not be destroyed again for construction. City Engineer Hutt explained there will be meetings with property owners to discuss impacts with this construction project. Councilmember Muhm questioned staff regarding if the right-of-way has been purchased. City Engineer Hutt replied yes. Mayor Pro Tem Hart questioned City Engineer Hutt regarding the completion date on Phase II. City Engineer Hutt replied approximately six to eight months. Councilmember Hall questioned staff regarding the estimated finish date for Phase II. City Engineer Hutt replied it is funded to begin in 2014. Mayor Kelly concurred and stated 2 1/2 years. Councilmember Muhm questioned staff regarding the TIF funding, he stated < ?g: •s•',,, ad's` ', °y'.,; ,• =":. a. ;' <r s ..< r City Council Minutes December 18, 2012 he thought those monies were allocated for other projects. City Manager Jennifer Fadden explained the funding of the project regarding the TIF project plan. Councilmember Muhm questioned staff regarding if the $7 million is partner money. City Manager Fadden replied correct. She further stated this can be accomplished without incurring any further debt. Councilmember Hall stated since interest rates are so low, this would be the time to issue debt, if any would need to occur. Councilmember Muhm questioned staff regarding the rate increases. Assistant City Manager/Chief Financial Officer Terry Leake explained the rate increases regarding the utilities. Councilmember Muhm questioned staff regarding Phase III. City Manager Fadden explained they are not willing to move forward with this phase until additional clarity is given on the future of the roadway. Councilmember Muhm questioned staff regarding a potential roadway going east and would this $7.5 go towards it? City Manager Fadden explained those funds are available today for any other projects the City Council would like to invest in within the TIF district. Councilmember Taylor questioned staff regarding if the $3.6 is coming from the $7.5. City Manager Fadden replied yes, there will be a balance remaining. Councilmember Muhm questioned staff regarding how much new money is acquired each year with the partner money. Assistant City Manager/Chief Financial Officer Leake replied close to $1.9 million in partner money. Councilmember Muhm stated he has concerns with using funding that will need to be replenished. Councilmember Muhm questioned staff regarding the funding if the construction stopped at Church Street. City Engineer Hutt replied he did not have that break down. Mayor Kelly stated it makes sense to go ahead and take care of the relocation now. City Engineer Hutt stated the surrounding cities are waiting to see what Colleyville is going to do. Councilmember Muhm questioned staff regarding if they will then move forward. City Engineer Hutt replied they cannot move their utilities until the poles are set. City Council Minutes December 18, 2012 Councilmember Taylor questioned Councilmember Muhm regarding the reluctance in the project. Councilmember Muhm replied his reluctance is if the funding is being used for this project, versus other projects that the City would like to do, it pushes those projects further out. He further explained that there will need to be another east/west road into the City, like Hall- Johnson. Councilmember Taylor explained the cash flow, during the construction time, will replenish the funds. Councilmembers Taylor and Short concurred on moving ahead. Mayor Kelly explained North Central Texas Council of Governments is looking at a study for the corridor as well. Councilmember Taylor questioned staff regarding moving beyond the creek. City Engineer Hutt replied he did not think the water lines crossed the creek. PC-5 Presentation of the Monthly Financial Report - November 2012 Finance Manager Karen Hines presented the monthly financial report for November 2012. Councilmember Hall questioned staff regarding the cost recovery for Colleyville Center. Manager Przybyl replied 74 percent over last year. Councilmember Muhm explained he would like to see the worksheet reflect the percentages received over projected. PC-6 Discussion of the December 18, 2012, City Council regular agenda items Community Development Director Ron Ruthven briefed the Councilmembers regarding the adjustments made to the ordinance for agenda item 5a from the previous meeting held on December 4, 2012. Mayor Kelly questioned staff regarding if a grandfather clause could be included in the ordinance to reflect the sale of alcoholic beverages for current or restaurants coming by a certain date. Director Ruthven concurred. Discussion occurred between staff and Councilmembers regarding the square footage of the residential units, including ancillary units. Councilmember Hall questioned staff regarding if the ordinance mentions City Council Minutes December 18, 2012 something about the ancillary units being sublet. Director Ruthven replied no. Councilmember Muhm questioned staff regarding if decorative metal for the poles could include a t-pole. Director Ruthven replied no, it would have to be a decorative metal. Mayor Kelly questioned staff regarding if the ordinance contains language that would not allow multi-family units. Director Ruthven replied the developer could construct a three-story condominium with a minimum of 1,500 square feet on each level. Councilmember Taylor questioned staff regarding if the units can be attached or detached. Director Ruthven replied they can be constructed attached or detached, similar to the ones on Casa Lane. Councilmember Taylor stated the only difference is there can now be residential on the ground floor. Director Ruthven replied yes. Councilmember Taylor stated the City will make the adjustments on Mission Lane versus the developer. Director Ruthven concurred. Councilmember Muhm questioned staff regarding who will be constructing the additional lane. City Manager Fadden explained the City will be constructing the second lane in exchange for the land. Councilmember Muhm questioned staff regarding the cost of the project. City Manager Fadden replied approximately $50,000. Public Works Director Lowry replied it may be more like $30,000. Councilmember Taylor questioned staff regarding why the City is now funding this project when the developer was asked to take care of it. City Attorney Matthew Boyle explained the City is requiring the developer to make Mission Lane a two-way street without compensation, therefore the compromise is to have the City construct the street, and the developer would dedicate the right- of-way. Mayor Pro Tern Hart explained the traffic flow in and out of The Village will be improved. Mayor Kelly concurred and stated this is something that was missed in the beginning. Mayor Kelly adjourned the Pre Council meeting at 7:03 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on December 18, 2012, at 7:13 p.m. City Council Minutes December 18, 2012 ROLL CALL: Mayor David Kelly, Mayor Pro Tern Tom Hart and Councilmembers 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, Sergeant Robert Hinton, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Project Engineer Dale Crown, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Parks Superintendent Tim Hightshoe, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley were also present. Absent: Councilmember Carol Wollin 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 drainage 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 7:04 p.m. and reconvened at 7:13 p.m. INVOCATION: Neda Moayad, Colleyville Bahai Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City Council Minutes December 18, 2012 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-12-3567 Mayor Kelly read Resolution R-12-3567 in its entirety. Director Lowry presented this agenda item. 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 Resolution R-12-3567. Councilmember Hall seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 - Councilmember Carol Wollin 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly reminded everyone that this is the holiday season and to lock the doors of their vehicles and homes. In recognition of Colleyville's featured business - Punky Lunky, 99 Cheek-Sparger Road, Suite 101A, Tanya Nelson, Owner - Mayor David Kelly and Economic Development Director Marty Wieder Mayor Kelly and Economic Development Director Marty Wieder recognized the Punky Lunky business owner, Tanya Nelson for her business in Colleyville. Ms. Nelson came forward to receive her recognition and thanked the City Council. Recognition of employees' years of service Mayor Kelly recognized Police Chief Mike Holder, Police Officer Jarrod Shirley, Assistant to the Director of Public Works Beth Wimpy, Youth City Council Minutes December 18, 2012 Services Assistant Sarah Dyer, Firefighter/Paramedic Dustin Wynn, Police Officer John Arenz, Utility Operator I Jon Escamilla; Assistant City Secretary Christine Loven; Cashier/Receptionist Belendia Moore; Senior Engineering Tech Steven Cherry; Municipal Court Administrator Karen Randolph; and Utility Billing Supervisor Theresa Fox, for their years of service with the City of Colleyville. Recognition of employee achievements Mayor Kelly recognized Community Development Director Ron Ruthven for his graduation from the International City/County Management Association's Leadership ICMA Class of 2012. Mayor Kelly recognized Circulation/Technician Assistant Kara Teeter for her graduation from Texas Woman's University. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-12-3568 4a Approval of the minutes of the regular City Council meeting of December 4, 2012 4b Approval of a preliminary plat for 16.8 acres on Lot 1A, Block 1, of the River Valley Ranch Addition and Lot 1B1, Block 1, of the Tate Addition located in the 1200 block of Murphy Road, Case PC12-017 4c Approval to order a 2013 Ford ambulance from Frazer Limited/Sterling McCall Ford, utilizing pricing through the Houston-Galveston Area Council of Governments (HGAC), in an amount not to exceed $209,025, and authorize the city manager to execute the purchase order Mayor Kelly read Resolution R-12-3568 in its entirety. Councilmember Muhm questioned staff regarding the preliminary plat for item 4b. Director Ruthven explained the preliminary plat for Somerset Manor. Councilmember Muhm questioned staff regarding if the development will have Opticom gates. Director Ruthven replied yes. Mayor Kelly opened the public hearing at 8:20 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:20 p.m. Mayor Pro Tern Hart moved to approve Resolution R-12-3568 with an amendment to the November 20, 2012 meeting minutes. Mayor Kelly seconded the motion. City Council Minutes December 18, 2012 The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 — Councilmember Carol Wollin 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 this agenda item to the City Council. Mayor Kelly opened the public hearing at 8:26 p.m. Don Silverman, applicant, came forward to brief the City Council regarding this agenda item. James Day, 805 Shelton Drive, spoke in opposition to this request with concerns for the intent of this amendment. Jimmy Archie, 74 Casa Lane, spoke in support to this request however, expressed concerns for the 1,500 square foot minimum residential requirement. He stated he would like to keep the 1,000 square foot minimum for those few lots on Main Street. John Terhoeve, 1204 Opal Court, stated the market could dictate this area even though it would develop slower than we would like to see it. He stated that the record should reflect the specifications that the City Council approves with this amendment; in other words, whatever the developer plans to build; it should be included in the ordinance. He stated being opposed to any large multi-dwelling units or large apartment complexes. Kathy Hadley, 204 Timberline Drive North, spoke in opposition to this request with concerns for apartments and the overcrowding of the schools. Rex Pitts, 66 Veranda Lane, did not wish to speak but did register his support for this agenda item. City Council Minutes December 18, 2012 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:39 p.m. Mayor Kelly questioned Mr. Silverman regarding if the application is for 24 single family dwelling units, either attached or detached. Mr. Silverman concurred. Mayor Kelly clarified the ordinance amendments, the reasoning for the need for the two-way street on Mission Lane, and the Special Use Permit requirement for the sale of alcoholic beverages. Councilmember Muhm questioned Mr. Silverman regarding who are the persons involved in this process, in other words, who is the applicant, developer, and owner? Mr. Silverman explained The Village Management Company is the developer. He stated the owner of some of the remaining lots, is The Village Management or an affiliate of that company. He stated he/they are the lender for about 40 of those lots and he stated they have an agreement with The Village that they will then become the owner of those 40 lots. Councilmember Muhm questioned Mr. Silverman regarding the fact that they will be the new owner. Mr. Silverman concurred and they will work with a builder to construct single residential townhomes, either attached or detached. Councilmember Muhm questioned Mr. Silverman regarding if there will be a 5 foot separation between the units. Mr. Silverman replied yes. Councilmember Muhm questioned Mr. Silverman regarding if the 1,500 square foot requirement is sufficient. Mr. Silverman replied yes, it is sufficient. He stated he likes having first floor commercial on Main Street. Discussion occurred between Mayor Kelly and Mr. Silverman regarding the lots along Cottage Lane. Councilmember Muhm questioned Mr. Silverman regarding the time frame on this project. Mr. Silverman replied three years or less is the target. Councilmember Taylor stated having concerns for townhomes on Cottage Lane since the original intent was for commercial on the ground floor. However, he stated having concerns for the single structure look right in front of City Hall. Mr. Silverman stated the lots facing City Hall are not in consideration for this amendment. He stated they will still have commercial on the ground floor. Councilmember Taylor stated having no issues with the 1,000 square footage minimum requirements that are currently in the ordinance. He stated having concerns with changing something that may have been an issue in the beginning. City Council Minutes December 18, 2012 Discussion occurred between Mayor Kelly and staff regarding the current units allowed with the current ordinance and the amendments being made to the ordinance. Councilmember Muhm questioned staff regarding how many units have been built under 1,500 square feet but over 1,000 square feet. Director Ruthven replied about 10. Councilmember Muhm questioned staff regarding if those units are in demand. Director Ruthven stated he did not think so given the recent activity. Mayor Kelly stated the recent activity in The Village has been commercial use only. Mayor Kelly stated being open to City Council suggestions and that he would like an ordinance that is as easy to work with as possible to help stimulate development. Councilmember Muhm stated being in favor of the 1,500 square footage requirement. He stated that the single family residences seem to be what is popular. He further stated he just wants to see something get done. Mayor Pro Tern Hart moved to approve Ordinance 0-12-1859 as written. Mayor Kelly seconded the motion with the following amendments: 1) the right-of-way on Mission Lane is to be expanded to two lanes and that the sidewalk may remain as a four foot wide sidewalk; 2) west of Cottage Lane on Main Street shall be 1,500 square feet minimum; 3) any restaurants that are to open by April 30, 2013 shall be given a Special Use Permit, but that any requests thereafter will have to apply for a Special Use Permit separate from this ordinance. Mayor Pro Tern Hart accepted those amendments. Councilmember Taylor questioned staff for clarity regarding the sections to be amended. Director Ruthven explained, using the exhibits, the sections. Mr. Silverman stated The Village developer would like to keep the original 1,000 square foot minimum requirement versus the 1,500 square foot minimum requirement. Mayor Kelly explained the requirements as set forth in the current ordinances. Mayor Kelly re-opened the public hearing at 9: 17 p.m. Kathy Hadley, 204 Timberline Drive North, came forward and stated having concerns for this developer; the types of homes to be constructed; and the cost of the homes. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:20 p.m. City Council Minutes December 18, 2012 Councilmember Taylor stated The Village has its own design standards they will want to follow. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Torn Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 — Councilmember Carol Wollin 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-12-1860 Approval of amendments to Chapter 9-Subdivision Design and Public Facilities in the Land Development Code Mayor Kelly read the caption of Ordinance 0-12-1860. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 9:25 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:25 p.m. Mayor Kelly questioned staff regarding how the applicants would be able to appeal the decision made by the Planning and Zoning Commission. Director Ruthven replied and explained the process and how staff will proceed with notifying those applicants who may have been denied their waiver request. 6b Ordinance 0-12-1861 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 ZC12-026 Mayor Kelly read the caption of Ordinance 0-12-1861. Director Ruthven presented this agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 9:29 p.m. Kathy Hadley, 204 Timberline Drive North, stated having concerns for the persons City Council Minutes December 18, 2012 crossing the street. She further explained they move too slowly. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:31 p.m. Mayor Kelly questioned staff regarding if the golf cart will have to be registered to be on the street. Police Chief Holder explained he did not have the exact State requirements with him however; there are certain equipment requirements for the golf cart. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-12-3569 Consideration of appointments to the Architectural Review Commission Mayor Kelly read Resolution R-12-3569 in its entirety. Mayor Kelly opened the public hearing at 9:33 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:33 p.m. Councilmember Hall moved to approve Resolution R-12-3569 with the following appointments: Alan Greer, Christina Keilson, James Makens, and Curtis Young. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tern Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 - Councilmember Carol Wollin 7b Resolution R-12-3570 Consideration of appointments to the Colleyville Sidewalks Committee Mayor Kelly read Resolution R-12-3570 in its entirety. Mayor Kelly opened the public hearing at 9:34 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:34 p.m. Councilmember Muhm moved to approve Resolution R-12-3570 with the following appointments: Luann Edwards, Kathryn Howlett, Joy Lee, and Ida Munson. Mayor � ;s a °i 'e y .,_°t` t t— •" ire ' ax' .�: ..;l'' „ ,..:, "`"�„o- °�^�° `, `.-,` ... - City Council Minutes December 18, 2012 Pro Tern Hart seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tern Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 — Councilmember Carol Wollin 7c Resolution R-12-3571 Consideration of appointments to the Parks and Recreation Advisory Board Mayor Kelly read Resolution R-12-3571 in its entirety. Mayor Kelly opened the public hearing at 9:36 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:36 p.m. Councilmember Hall moved to approve Resolution R-12-3571 with the following appointments: Suzanne Hughes, Place 1; Charles Bethards, Place 3; Carel Tornes, Place 5; and Michelle McGarry, Place 7. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 — Councilmember Carol Wollin 7d Resolution R-12-3572 Consideration of appointment to the Historical Preservation Committee Mayor Kelly read Resolution R-12-3572 in its entirety. Mayor Kelly opened the public hearing at 9:37 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:37 p.m. Mayor Pro Tem Hart moved to approve Resolution R-12-3572 with the following appointment, Louis Miller. Councilmember Hall seconded the motion. City Council Minutes December 18, 2012 The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tern Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 — Councilmember Carol Wollin 7e Resolution R-12-3573 Consideration of appointments to the Traffic Safety Advisory Committee Mayor Kelly read Resolution R-12-3573 in its entirety. Mayor Kelly opened the public hearing at 9:38 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:38 p.m. Councilmember Short moved to approve Resolution R-12-3573 with the following appointments, Chuck McGuire and Brett Oliver. Mayor Pro Tem Hart seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 — Councilmember Carol Wollin 7f Resolution R-12-3574 Consideration of appointments to the Colleyville Events Steering Committee Mayor Kelly read Resolution R-12-3574 in its entirety. Mayor Kelly opened the public hearing at 9:39 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:39 p.m. Mayor Pro Tern Hart moved to approve Resolution R-12-3574 with the following appointments, Manjiri Joshi, Walt Mills, Amy Redfearn, and Patti Tanaka. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: City Council Minutes December 18, 2012 Aye: 6 - Mayor David Kelly, Mayor Pro Tern Torn Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 — Councilmember Carol Wollin 7g Resolution R-12-3575 Consideration of appointments to the Colleyville Center Advisory Committee Mayor Kelly read Resolution R-12-3575 in its entirety. Mayor Kelly opened the public hearing at 9:40 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:40 p.m. Councilmember Taylor moved to approve Resolution R-12-3575 with the following appointments: Michael Cunningham (At-Large); Louis Miller (At-Large); Paul Vigiletti (At Large); Julie George (Colleyville Garden Club); Irma Villalobos (National Charity League) and Tom Westerman (Colleyville Lions Club). Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Torn Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 — Councilmember Carol Wollin 7h Resolution R-12-3576 Consideration of appointment to the Zoning Board of Adjustment Mayor Kelly read Resolution R-12-3576 in its entirety. Mayor Kelly opened the public hearing at 9:43 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:43 p.m. Mayor Kelly instructed staff to advertise to fill this position. City Council Minutes December 18, 2012 7i Resolution R-12-3577 Consideration of appointments to the Tax Increment Finance District Board Mayor Kelly read Resolution R-12-3577 in its entirety. Mayor Kelly opened the public hearing at 9:45 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:45 p.m. Councilmember Taylor moved to approve Resolution R-12-3577 with the following appointments: David Kelly, Tom Hart, Michael Muhm, Mike Taylor, and Carol Wollin. Scott Rule (Tarrant County Hospital District), Mark McClendon (Tarrant County College), Carolyn Sims (Tarrant County), John Eubanks (Grapevine- Colleyville Independent School District) Mayor Pro Tem Hart seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 - Councilmember Carol Wollin 7j Resolution R-12-3578 Appointing a Chairman of the Tax Increment Finance District Board Mayor Kelly read Resolution R-12-3578 in its entirety. Mayor Kelly opened the public hearing at 9:46 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:46 p.m. Mayor Pro Tern Hart moved to approve Resolution R-12-3578 with the following appointment, David Kelly. Councilmember Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tern Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 - Councilmember Carol Wollin cam",".'. x 4 i,_• ,• as ° '�" i. °" -W „ ,.rF?`z - tee:v City Council Minutes December 18, 2012 7k Resolution R-12-3579 Approval of a resolution concerning the June 2011 Oncor Settlement Rate Case Ordinance, City of Colleyville Ordinance 0-11-1797 Mayor Kelly read Resolution R-12-3579 in its entirety. City Attorney Matthew Boyle explained to the City Council this is an on-going dispute between Oncor and cities regarding utility relocation efforts and this resolution is confirmation that Oncor will be responsible for its relocation costs. Mayor Kelly opened the public hearing at 9:56 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:56 p.m. Mayor Kelly moved to approve Resolution R-12-3579. Councilmember Hall seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 — Councilmember Carol Wollin 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA David Mullins, 5904 Bettinger Drive, came forward and spoke about the pool being constructed by his neighbor to the rear of his property and how this construction has caused drainage issues on his property. Kathy Hadley, 204 Timberline Drive North, came forward and stated having concerns for the vote on item 6b. 9. REPORTS Sign Board of Appeals Minutes - November 13, 2012 Planning and Zoning Commission Minutes - November 26, 2012 There was no discussion of this item. A,' City Council Minutes December 18, 2012 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 18, 2012, - Reading and Public Hearing - Resolution R-12-3580 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Councilmember Muhm moved to adjourn, and Councilmember Short seconded the motion. The motion carried with the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tern Tom Hart, and Councilmembers Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Absent: 1 - Councilmember Carol Wollin Mayor Kelly adjourned the City Council meeting at 10: 11 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 8TH DAY OF JANUARY 2013. Minutes taken and prepared by: Amy S --Iley City Secretary a �