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HomeMy WebLinkAboutCity Council-Minutes-1/15/2013,;% `� Cit of Colle ville y y City Hall t�LLE'�"VILLE �,Ity C��li1C1� 100 Main Street � ,3, a�� ���,-'= Colleyville, Texas 76034 Agenda 817. 503.1000 � � � � 7 www.colleyville.com Tuesday, January 15, 2013 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion of hydraulic fracturing operations at 7504 Pleasant Run Road PC-2 Presentation of the 2012 Annual Crime Report PC-3 Presentation of the Monthly Financial Report - December 2012 PC-4 Discussion of the January 15, 2013, 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 Drew Sherman, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle , � , ,..:;, ,... : . . . ...... . . ..-- ..:,. . � . . �.. City Council Agenda January 15, 2013 2. EXECUTIVE S.ESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3585 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation commending Girl Scout Kylee Kittrell, in recognition of earning the Gold Award - Mayor David Kelly In recognition of board and committee members for years of service In recognition of Colleyville's featured business - Elixir Salon and Day Maker, 85 Village Lane, Suite 15, Danielle and ]ohn Arnett, Owners - Mayor David Kelly and Economic Development Director Marty Wieder 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3586 4a Approval of the minutes of the regular City Council meeting of January 8, 2013 4b Approval of a bid award for the Fiscal Year 2013 (FY 2013) annual purchase of water meters to Texas Products, Inc., in the amount of $80,105.25, and authorize the city manager to execute the contract 4c Approval of an interlocal agreement with Tarrant County for the rehabilitation of Heritage Avenue, from Cheek-Sparger Road to approximately 550' south of Red River Drive, and authorize the city manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-13-1862 Consideration of a request for a Special Use Permit for a donation station on Lot 8A, Block 1, of the Thompson Terrace Addition located at 5117-B Colleyville Boulevard, Case ZC12-027 City Council Agenda January 15, 2013 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-13-1863 Consideration of amendments to Chapter 3- Land Use, Section 3.24 - Schedule of Permitted Principle Uses of the Land Development Code, Case GC13-001 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3587 Approval of a City/Developer Agreement between the City of Colleyville and Avere Colleyville, L.P. for the Heritage Farms Development, and authorize the city manager to execute the agreement 7b Resolution R-13-3588 Consideration of appointment to the Park Land Dedication Committee 7c Resolution R-13-3589 Consideration of appointments to the Colleyville Tree Board 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Parks and Recreation Advisory Board Meeting Minutes - October 8, 2012 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 15, 2013 - Reading and Public Hearing - Resolution R-13-3590 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, January 11, 2013, by 5:00 p.m. Amy Sh ley City Secretary City Council Agenda January 15, 2013 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. / �� "�.k-.. �LLEY�TILLE ¢�,., , ��� rkh�� City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 15, 2013 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on January 15, 2013, at 5:31 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, Police Chief Mike Holder, Captain Robert Hinton, Lieutenant Hillary Wreay, Lieutenant Rodney Cunningham, Fire Marshal Robert McKeown, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Human Resources Director Michelle Reyes, Colleyville Center Manager Leslie Hill, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, 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. PC-1 Discussion of hydraulic fracturing operations at 7504 Pleasant Run Road Community Development Director Ron Ruthven presented this agenda item and briefed the City Council regarding the fracking process. Councilmember Muhm questioned staff regarding the number of wells to be fracked. Director Ruthven replied seven. Mayor Pro Tem Hart questioned staff regarding how long it took to frack the 10 percent that has been completed. Director Ruthven replied approximately five days, but the flow back process took approximately three weeks. Councilmember Muhm questioned staff regarding the pipeline timeframe. Director Ruthven replied possibly within six months. Councilmember Muhm questioned staff regarding the approval process for the pipeline. Director Ruthven replied it would require City Council approval through a resolution. Councilmember Muhm questioned staff regarding if there is an ordinance, which regulates the pipeline, such as the placement of it? Director Ruthven replied yes. City Council Minutes )anuary 15, 2013 Councilmember Hall questioned staff regarding if there will be a map, which outlines the route, and will those persons be notified along the route? Director Ruthven replied the ordinance does not require notification; however, a notification can be made. Councilmember Hall questioned pipeline route, will they have to Ruthven replied there may be a looked at once the time comes. staff regarding if a excuse themselves conflict of interest, Councilmember is within the from the discussion. Director however those details can be Councilmember Muhm questioned staff regarding if there are certain regulations in place that dictate where the pipeline can be placed and how it is maneuvered through the City. Director Ruthven replied yes, and the Texas Railroad Commission and the state will regulate the pipeline as well. Mayor Kelly concurred. Councilmember Short questioned staff regarding if the pipeline can be under an existing structure. Director Ruthven replied yes. Councilmember Hall questioned staff regarding how big the pipelines are in diameter. Director Ruthven replied between 12 and 18 inches. Councilmember Muhm questioned staff regarding the completion for the roundabout. Public Works Director Bob Lowry replied a substantial amount should be completed by the end of February. Councilmember Muhm questioned staff regarding if the 16-foot sound walls will be installed. Director Ruthven replied yes. Councilmember Wollin questioned staff regarding if the trucking contractor will be the same. Director Ruthven replied he did not know. Councilmember Wollin stated the last trucking company had issues following the guidelines. Councilmember Wollin questioned staff regarding if they will be required to follow the same construction hours. Director Ruthven replied yes. Councilmember Hall questioned staff regarding the turning lane. Director Lowry replied there is plenty of room for turning. Mayor Pro Ten Director Lowry turning lanes. roundabout. Hart questioned staff regarding if there is ample room for turning. replied yes and that they had the fire trucks go through to test the He stated the drivers must pay attention when going through the City Councii Minutes January 15, 2013 Councilmember Hall questioned staff regarding if this is going south to north. Director Ruthven replied yes. Councilmember Wollin questioned staff regarding if damage assessments will be taken of the road. Director Ruthven replied yes. Councilmember Muhm stated there will be nine trucks in and nine trucks out. Director Ruthven concurred. Councilmember Muhm questioned staff regarding the timeframe regarding the move out. Director Ruthven stated by February 14. Councilmember Muhm questioned staff regarding if the move out included the sound walls. Director Ruthven stated the sound walls may stay; he stated not being sure. City Manager Jennifer Fadden added Atlas had not committed on the sound walls. Mayor Kelly questioned staff regarding if the roundabout could handle the weight of the trucks since that seems to be a big concern. Director Ruthven replied yes. Councilmember Muhm questioned staff regarding the type of noise with the perforation process. Director Ruthven explained it would not be any different than previously heard with the process done last year. Councilmember Muhm questioned staff regarding the timeframe. Director Ruthven replied three days. Councilmember Wollin questioned staff regarding if this will take place during week days. Director Ruthven replied not sure at this time. Councilmember Hall questioned staff regarding the closest home. Director Ruthven replied the Quinechet's property with the closest neighborhood being Monticello. Councilmember Short explained he backed up to the property as well. Councilmember Hall questioned staff regarding notification. Director Ruthven explained the notification process. Councilmember Taylor questioned staff regarding the days for the pond to restore itself. Director Ruthven explained they will only be able to use water from their well, approximately 45-50 days to refill the well and frack one well at 10 percent. Discussion occurred regarding the water rate per minute used for fracking. Councilmember Muhm stated this will be going on for 11 days at a time, for the next year and a half. Director Ruthven stated effectively. He further explained it could be done faster if they were to use City water. City Council Minutes January 15, 2013 Councilmember Muhm stated this will be a lot of disruption. Director Ruthven concurred. Councilmember Taylor questioned staff regarding if the limitation is with their well. Director Ruthven replied yes. Councilmember Taylor questioned staff regarding if they are limited to the 11 days. Director Ruthven replied yes. Councilmember Taylor questioned staff regarding if they can frack more than 10 percent at a time for each well. Director Ruthven replied if the water pond was full, they could frack an entire well. Mayor Kelly stated water is the bigger issue since the replenishing rate is slower. Councilmember Muhm questioned staff regarding the pumping process. Director Ruthven explained the process, and stated some can be accomplished in half a day. Councilmember Taylor stated this appears to be different than what was approved in respect that they are asking for forgiveness rather than permission. Director Ruthven stated the regulations do not address the "how" and "when" they can frack only the maximum duration for the number of days for fracking. Councilmember Taylor stated he did not remember they were going to frack within this type of timeframe. He added he remembered they said they were going to truck water in. Mayor Kelly questioned staff regarding if there is a way to shorten the duration of the fracking process by either allowing more trucks or more days to allow for this process. Director Ruthven stated possibly. Councilmember Taylor questioned staff regarding what is the impact to our systems capacity. Director Lowry explained the possible impacts to the system regarding water usage. Councilmember Taylor questioned staff regarding if this could be a hybrid by using their water and City water. Director Lowry replied it could be done faster by using City water and he explained the water rate per minute. Councilmember Taylor stated we can regulate their water usage and help them to move through this process faster. Mayor Kelly questioned City Council regarding if they would like staff to evaluate this option. Councilmembers concurred. City Council Minutes January 15, 2013 Councilmember Taylor suggested they bring in a plan that indicates a much quicker process, given the supplement of City water. Councilmember Muhm stated the off-set from buying our water, for them, would be that they do not have to bring in equipment as frequently as they would be by only using their water supply. Councilmember Muhm stated having an issue with a fracking process taking place year round. City Manager Fadden questioned Mayor and City Council regarding if they would like to look at an alternate rate structure for this purpose. All members concurred. Councilmember Taylor stated he did not remember this process being piece-milled like it has been presented this evening. Mayor Kelly stated he would like staff to meet with Atlas regarding a work plan for water usage and a timeframe. Councilmember Taylor stated a reduced timeframe will also reduce the traffic around the roundabout as well. Councilmember Taylor questioned staff regarding what happens after all of the wells are fracked. Director Ruthven stated this will all revolve around the pipeline. Councilmember Muhm stated this is only seven of the authorized 14 gas wells. Councilmember Taylor stated he would like to see a time table with expectations. Councilmember Taylor stated there are authorities regarding the pipeline, but we have control of this well site. Director Ruthven questioned Mayor and City Council regarding if they are in favor of a plan from Atlas, which includes fracking all at one time, given the water supply is adequate. Mayor and Council concurred and stated they would like to see the plan. Councilmember Taylor stated they can control the water usage so it does not interfere with the citizen's water usage. Councilmember Muhm stated he would like for this to be as non-disruptive as possible for the citizens. PC-2 Presentation of the 2012 Annual Crime Report Police Chief Mike Holder presented the 2012 Annual Crime Report. City Council Minutes ]anuary 15, 2013 Councilmember Muhm questioned staff regarding the increase in the non-residential burglaries. Chief Holder replied those have increased due to the metal thieves in the construction sites. He further explained the larger residences have detached buildings in which the burglary has occurred and those detached buildings are not considered residential structures. Councilmember Muhm questioned staff regarding if there have been any benefits from the hanging cards placed in vehicles to deter a vehicle burglary. Chief Holder replied this program is still being utilized however; most vehicle burglaries are crimes of choice. He then explained the vehicle burglary rates. Councilmember Muhm questioned staff regarding if the cars are parked on the streets at night. Chief Holder replied most of the vehicle burglaries occurred in parks, in which vehicles were unlocked with the valuables visible. Councilmember Taylor questioned staff regarding if the violent crimes reported were residential or commercial in nature. Chief Holder replied they varied. Mayor Pro Tem Hart questioned staff regarding the solicitors. Chief Holder replied since he has been with Colleyville, those numbers have decreased. He explained several had been arrested for the violation of the solicitor's ordinance. Mayor Pro Tem Hart questioned staff regarding if there are solicitor issues, what should that citizen do, call 9-1-1? Chief Holder replied yes. Councilmember Taylor questioned staff regarding if the solicitor's ordinance has taken care of some of those issues. Chief Holder replied yes. Chief Holder explained non-profits do not follow the same ordinance however; they take precautions with them as well. Councilmember Taylor questioned staff regarding how the data is collected and shown on the analysis. Chief Holder explained the process in which the data is collected and analyzed. Discussion occurred regarding the Crime Trend Analysis software and how the patterns are shown. Councilmember Muhm stated the 121 Corridor looks a lot better regarding crime. Councilmember Wollin explained the police department will engage in homeowner association (HOA) meetings or civic meetings, if they are invited to participate. Chief Holder explained they are pushing to get more involved in the HOAs this year. City Council Minutes January 15, 2013 PC-3 Presentation of the Monthly Financial Report - December 2012 Finance Manager Karen Hines presented the Monthly Financial Report for December of 2012. Councilmember Muhm stated he liked the format. Councilmember Muhm questioned staff regarding if the franchises are slow payers for this time of the year. Manager Hines explained the regular schedule is usually later in the year. PC-4 Discussion of the January 15, 2013, City Council regular agenda items Mayor Kelly asked City Council if there were any questions regarding any agenda items. Councilmember Hall questioned the roundabout for Cheek-Sparger Road and Bedford Road. Mayor Kelly explained the plan has been presented to the City Council. Mayor Kelly adjourned the Pre Council meeting at 6:43 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on )anuary 15, 2013, at 7:46 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 Marshal Robert McKeown, Police Chief Mike Holder, Captain Robert Hinton, Economic Development Director Marty Wieder, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley 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 agend 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 Minutes January 15, 2013 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 551.071, Litigation, 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 6:53 p.m. and reconvened at 7:46 p.m. INVOCATION: Pastor Drew Sherman, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3585 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly announced the upcoming Open House and State of the City event to be held at Colleyville Center on January 24, 2013 at 6:00 p.m. Mayor Kelly announced the tenth class of the Colleyville Citizen's Police Academy to start on January 31, 2013. Mayor Kelly announced the seventh class of the Colleyville Citizen's Fire Academy to start on February 21, 2013. Proclamation commending Girl Scout Kylee Kittrell, in recognition of earning the Gold Award - Mayor David Kelly In recognition of board and committee members for years of service In recognition of Colleyville's featured business - Elixir Salon and Day Maker, 85 Village Lane, Suite 15, Danielle and John Arnett, Owners - Mayor David Kelly and Economic Development Director Marty Wieder Mayor Kelly presented the proclamation to Girl Scout Kylee Kittrell in the recognition of earning the Gold Award. Mayor Kelly recognized Charlie Hewitt for his years of service on the Colleyville Events Steering Committee. � City Council Minutes January 15, 2013 Mayor Kelly recognized Debbie Abitz for her years of service on the Colleyville Sidewalks Committee, Colleyville Tree Board, and the Parks and Recreation Advisory Board. Mayor Kelly recognized Carel Tornes for his years of service on the Colleyville Sidewalks Committee and the Traffic Safety Advisory Committee. Mayor Kelly recognized Walt Mills for his years of service on the Traffic Safety Committee. Mayor Kelly and Economic Development Director Marty Wieder recognized the featured business, Elixir Salon and Day Maker and business owner John Arnett. Councilmember Wollin commended Mr. Arnett for providing hair and make-up services for the models for the Colleyville Women's Club Fashion Show and Lunch and Benefit. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3586 4a Approval of the minutes of the regular City Council meeting of January 8, 2013 4b Approval of a bid award for the Fiscal Year 2013 (FY 2013) annual purchase of water meters to Texas Products, Inc., in the amount of $80,105.25, and authorize the city manager to execute the contract 4c Approval of an interlocal agreement with Tarrant County for the rehabilitation of Heritage Avenue, from Cheek-Sparger Road to approximately 550' south of Red River Drive, and authorize the city manager to execute the agreement Mayor Kelly read Resolution R-13-3586 in its entirety. City Engineer Jeremy Hutt presented an update regarding item 4c. Mayor Kelly opened the public hearing at 8:07 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:07 p.m. Councilmember Muhm questioned staff regarding if the road Euless built is concrete or asphalt. Engineer Hutt replied a two-lane concrete road. Councilmember Muhm questioned staff regarding if the proposed roadway will be concrete. Engineer Hutt replied no, it will be a rehabilitated, asphalt roadway. City Council Minutes January 15, 2013 Councilmember Muhm questioned staff regarding why Tarrant County is not proposing concrete. Engineer Hutt replied the agreement with Tarrant County is for asphalt. Councilmember Muhm questioned staff regarding if the asphalt will be able to handle the perceived traffic. Engineer Hutt replied yes and this will be a four inch roadway that will be 15 years, maintenance free, which the City can maintain. City Manager Fadden explained once development occurs, particularly on the west side of Heritage Road, the developer is required to construct the proper roadway. She stated this is to simply put the roadway in a maintainable condition until the development occurs. Councilmember Muhm stated being concerned with spending money on something, which will have to be repaired. Engineer Hutt explained this amount would be spent within three years, given the current condition of the roadway. He stated this is the best option to utilize for partnering with Tarrant County. Mayor Kelly commended Commissioner Fickes regarding the partnership with the City of Colleyville through a shared agreement, which saves the residents of Colleyville money. Mayor Kelly moved to approve Resolution R-13-3586. Councilmember Wollin seconded the motion. The motion to approve carried by the following vote: Aye: 6- Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Stan Hall, ]ody Short, and Mike Taylor Nay: 1 — Councilmember Muhm 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-13-1862 Consideration of a request for a Special Use Permit for a donation station on Lot 8A, Block 1, of the Thompson Terrace Addition located at 5117-B Colleyville Boulevard, Case ZC12-027 Mayor Kelly read the caption of Ordinance 0-13-1862 in its entirety. Mayor Kelly opened the public hearing at 8:12 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:12 p.m. City Council Minutes January 15, 2013 Mayor Pro Tem Hart moved to approve Ordinance 0-13-1862. Mayor Kelly seconded the motion. Councilmember Wollin questioned the applicant regarding if the hours of operation will remain the same. Brian Utzman, Goodwill Industries of Fort Worth, explained the hours of operation. Councilmember Muhm questioned Mr. Utzman regarding the changing of the entrance; will the traffic move any differently. Mr. Utzman replied the donations will be accepted in the front therefore, the traffic pattern will move a little differently. Councilmember Muhm questioned Mr. Utzman regarding if persons will access the facility from Thompson Terrace. Mr. Utzman replied yes. 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, )ody Short, and Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-13-1863 Consideration of amendments to Chapter 3- Land Use, Section 3.24 - Schedule of Permitted Principle Uses of the Land Development Code, Case GC13-001 Mayor Kelly read the caption of Ordinance 0-13-1863 in its entirety. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:17 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:17 p.m. Councilmember Wollin questioned staff regarding the definition of a medical office or a physician's office. Do these places provide medical testing? Director Ruthven replied there is not a specific definition; however, they will provide various types of medical testing. Mayor Kelly questioned staff regarding why psychologist offices are allowed in the CN-Neighborhood Commercial zoning district but physicians or dentist's offices are not allowed in the same district. Director Ruthven explained those had been eliminated from that zoning district since the CN zoning districts are often nestled within neighborhoods and those types of uses generate more traffic. City Council Minutes January 15, 2013 Mayor Kelly stated he believes an office with multiple tenants can generate more traffic, at times, than a physician's office, therefore a comprehensive look at the zoning districts appears to be necessary. Councilmember Muhm questioned staff regarding if the emergency room clinics or "doc in a box" type facilities would be allowed. Director Ruthven explained emergency rooms require a Special Use Permit and are therefore looked at as institutional type uses. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3587 Approval of a City/Developer Agreement between the City of Colleyville and Avere Colleyville, L.P. for the Heritage Farms Development, and authorize the city manager to execute the agreement Mayor Kelly read Resolution R-13-3587 in its entirety. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:25 p.m. Randy Johnson, Cirrus Health, came forward to present the case and brief the City Council. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:26 p.m. Mayor Kelly questioned staff regarding if the total City contributions are $675,000. Director Ruthven replied yes. Mayor Kelly questioned staff regarding the timeframe for construction. Mark Goode, Kimley-Horn, stated they estimate six months for the design time, and construction would be less than 18 months. Mayor Kelly questioned staff regarding if any phasing will take place with the roundabout. Director Ruthven replied that may be a possibility to lessen the impact. Councilmember Hall questioned staff regarding if City Council will see the final design of the roundabout before construction. Director Ruthven replied yes. Councilmember Taylor stated he would like to discuss the phasing of the two roundabouts in a pre council meeting. Mayor Kelly concurred. Councilmember Muhm questioned staff regarding if the roundabout has to be constructed before the Heritage Farms development could be started. Director City Council Minutes January 15, 2013 Ruthven replied it has to be completed before the City will issue any certificate of occupancies for the development. Councilmember Muhm stated having concerns for the traffic with the development and the completion of this roundabout. Director Ruthven replied that is why the certificate of occupancy requirement is in place, to eliminate the ability to open before the roundabout construction is complete. Councilmember Muhm questioned Mr. Goode regarding the concern of Bedford Court moving north, and then taking Cheek-Sparger to the east. Mr. Goode replied they have not created a new set of drawings however, they have heard the concern and intend to massage the radius to make it more manageable. Councilmember Hall stated he would like to see a matrix to see of how the final design compares in size to the neighboring roundabouts in and around Colleyville. Mr. Goode replied yes, they will bring forward a matrix. Councilmember Wollin questioned staff regarding the two-year maintenance bond, is this the City or the developer. Director Ruthven replied it would be the developer. Engineer Hutt explained the two-year maintenance bond for construction projects. Councilmember Wollin questioned staff regarding the timing of completion; there are no assurances for the two-year completion. Director Ruthven concurred. Mayor Kelly explained the developer would not be able to get a certificate of occupancy for the Heritage Farms development without the roundabout completion. Councilmember Muhm stated the same. Councilmember Wollin stated she did not want any inconveniences with the construction. Engineer Hutt replied there will be timelines in place before a notice to proceed will be issued. Discussion occurred regarding the City's provisions in the construction of the project and a performance bond requirement. Councilmember Short questioned staff regarding if the design elements have been defined for the roundabout. Engineer Hutt replied not at this time; however, those elements will be consistent with those in the City. Mayor Kelly explained they are finalizing the funding of this project. Mayor Kelly moved to approve Resolution R-13-3587. 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, )ody Short, and Mike Taylor City Council Minutes January 15, 2013 7b Resolution R-13-3588 Consideration of appointment to the Park Land Dedication Committee Mayor Kelly read Resolution R-13-3588 in its entirety. Director Ruthven presented this agenda item to the City Council. Mayor Kelly opened the public hearing at 8:38 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:38 p.m. Councilmember Wollin moved to approve Councilmember Hall seconded the motion. The motion to approve carried by the following vote: Resolution R-13-3588. Aye: 7- Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 7c Resolution R-13-3589 Consideration of appointments to the Colleyville Tree Board Mayor Kelly read Resolution R-13-3589 in its entirety. Director Ruthven presented this agenda item to the City Council. Mayor Kelly opened the public hearing at 8:39 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:39 p.m. Councilmember Hall moved to approve Resolution R-13-3589. Mayor Kelly 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, )ody 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. City Council Minutes January 15, 2013 9. REPORTS Parks and Recreation Advisory Board Meeting Minutes - October 8, 2012 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR 7ANUARY 15, 2013 - Reading and Public Hearing - Resolution R-13-3590 This resolution was not needed. 11. AD70URNMENT There being no further business before the City Council, Councilmember Muhm moved to adjourn, and Mayor Pro Tem Hart 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 8:39 p.m. APPROVED BY A VOTE OF 5 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 5T" DAY OF FEBRUARY 2013. Minutes taken and prepared by: Amy helley City Secretary