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HomeMy WebLinkAboutCity Council-Minutes-2/19/2013 City of Colleyville City Hall COLLEYVILLE City Council 100 Main Street Colleyville, Texas 76034 °� -°- Agenda 817. 503.1000 7 � x www.colleyville.com Tuesday, February 19, 2013 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion regarding the Economic Development subscription to CoStarGo PC-2 Presentation of the Quarterly Performance Management Report PC-3 Presentation of the Monthly Financial Report - January 2013 PC-4 Discussion of the February 19, 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 - 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 or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City Council Agenda February 19, 2013 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Dave Jung, Crown of Life 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-13-3596 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of the Grapevine-Colleyville Youth Football Association (GCYFA) standings in the 2012 playoff games - Coach Mark Assaad, and team members - Mayor David Kelly In recognition of Colleyville's featured business - Bark Avenue Market & Bakery, 5615 Colleyville Boulevard, Suite 320, Tammy Malone, Owner - Mayor David Kelly and Economic Development Director Marty Wieder 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3597 4a Approval of the minutes of the regular City Council meeting of February 5, 2013 4b Approval of the minutes of the City Council Worksession of January 29, 2013 4c Approval of a lease-purchase agreement with Baystone Financial Group / Kansas State Bank through the Houston-Galveston Area Council of Governments Purchasing Co-Operative (HGAC), for the lease of a Ford F-450 Frazer ambulance, in the amount of $209,425, and authorize the Mayor to execute all agreements 4d Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program City Council Agenda February 19, 2013 4e Authorization for the city manager to negotiate an Engineering Services Agreement with Transystems Corporation, for the preliminary design of improvements to Glade Road between the west City limits and Heritage Avenue, in an amount not to exceed $793,639 4f Approval of an amendment to a Professional Service Agreement with Schrickel, Rollins and Associates, Inc., for the design of a portion of the Pleasant Run Trail between The Village and Bogart Drive, to add the design of improvements to Pleasant Run Road, in an amount not to exceed $46,355, and authorize the city manager to execute the amendment 4g Approval of the sale of a parcel of land consisting of approximately 8.1 acres, located at the northeast corner of Colleyville Boulevard and Longwood Drive, to Robert Johnson dba Roscoe Construction, Inc., in the amount of $180,000, and authorize the city manager to execute the contract 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance 0-13-1864 Request for a zoning change from AG-Agricultural to PUDR on Tract 1A, Abstract 1732 of the S.C.H. Wilton Survey and Tract 4A1, Abstract 1518, of the D.R. Teeter Survey located at 2501 Cheek-Sparger Road, Case ZC12-029 5b Ordinance 0-13-1865 Request for a Special Use Permit for a carport on Lot 19, Block 2, of the Briarwood-Colleyville Addition located at 5804 Quails Path, Case ZC12- 032 5c Ordinance 0-13-1866 Consideration of a request for an amendment to the PUD-R-Planned Unit Development Residential zoning and development requirements on Tracts 1B, 1B1, 1B01, 1B2, 1B4, 1B5, Abstract 685, of the John H. Havins Survey and Tract 6, Abstract 352, of the Elizabeth Cox Survey located at 3805 Glade Road and 4900 and 4908 Heritage Avenue, Case ZC12-031 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-13-3598 Consideration of an appointment to the Zoning Board of Adjustment, Alternate 2, filling the positions of Place 5, and Alternate 1 a�::; - ;�: •;'A a a. <><s u, '�v .9:; z.= :: .,. �;awe Y;� City Council Agenda February 19, 2013 6b Resolution R-13-3599 Approval of a resolution appointing Library Board members 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS Planning and Zoning Commission Minutes - January 14, 2013 Planning and Zoning Commission Minutes - January 28, 2013 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR FEBRUARY 19, 2013 - Reading and Public Hearing - Resolution R-13-3600 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, February 15, 2013, by 5:00 p.m. Ad Amy ►elley ' 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. 04, City of Colleyville City Hall COLLEYVILLE City Council 100 Main Street Colleyville, Texas 76034 Minutes 817. 503.1000 r X A www.colleyville.com Tuesday, February 19, 2013 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on February 19, 2013, at 5:33 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tern Torn Hart and Councilmembers Carol Wollin, Stan Hall, Michael Muhm, 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, Interim Fire Chief Clif Nelson, 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, Community Development Coordinator Darren Cain, Communications and Marketing Director Mona Gandy, Parks Superintendent Tim Hightshoe, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley were also present. Absent: Councilmember Jody Short PC-1 Discussion regarding the Economic Development subscription to CoStarGo Economic Development Director Marty Wieder introduced Trae Williams, with CoStarGo, to present the Economic Development subscription with CoStarGo. He explained the details and features of the product as well as how the commercial properties are listed. Director Wieder explained how the user agreement works with the CoStarGo subscription. Councilmember Wollin stated it is nice to have "real-time" information. Mayor Pro Tem Hart concurred. Mayor Kelly questioned staff regarding if the initial contract with CoStarGo was a little different than what we have now in terms of features. Director Wieder replied yes. Mayor Kelly questioned staff regarding if our CoStarGo subscription is where it needs to be in terms of features. Director Wieder replied yes and some other cities have been added as well. City Council Minutes February 19, 2013 Councilmember Taylor questioned Mr. Williams regarding if others are able to pay a subscription, such as a realtor? Mr. Williams replied individuals are not able to subscribe, however a broker may subscribe. Councilmember Muhm questioned if this is similar to LoopNet? Mr. Williams replied it is treated just like a billboard. He further explained the details of LoopNet and the overlay with CoStarGo, since they now own both. Mayor Pro Tern Hart stated he is very impressed by the program. PC-2 Presentation of the Quarterly Performance Management Report Strategic Services Manager Adrienne Lothery presented the Quarterly Performance Management Report to the Mayor and City Councilmembers. Councilmember Muhm questioned staff regarding the split between the numbers of inspections between commercial versus residential. City Manager Jennifer Fadden explained the majority of the inspections are being completed through residential. She further explained with the increase with commercial, such as the memory care facility, the number of inspections for this project will far exceed single family home inspections. Councilmember Taylor questioned staff regarding pad site inspections, such as drainage. Public Works Director Bob Lowry explained the drainage inspections completed. Councilmember Taylor questioned staff regarding how many times a property is inspected. City Manager Jennifer Fadden stated sometimes between 30 and 40 times. Community Development Director Ron Ruthven concurred, and further explained a typical single family inspection can have up to 20 inspections. Director Lowry replied engineering services are at least a dozen. Councilmember Muhm questioned staff regarding if there is information in this presentation regarding our infrastructure needs. City Manager Jennifer Fadden explained there are performance measures regarding building inspections however, they are not specifically highlighted other than the information included in the matrix of the packet for tonight's presentation. She further explained with development increases, we are in the process of developing a business case to consider a mid- year budget adjustment to increase the level of staff and service, to get a better finished product. She stated this information will be presented to City Council within the next 30-45 days. Councilmember Muhm questioned staff regarding why the UCR Part 1 Crimes seem somewhat lower than in the past. Manager Lothery explained there was an increase in motor vehicle offenses which occurred in the first quarter and all suspected to be connected to one male in particular however the Police Department was not able to �� i¢ �• d f ...�,`` `c```"• . � ' ate✓� . � '. ,. ... .„-apt, .... > ,, ,,, •, . ... ..., F >s ..... .•. _ .., .. is City Council Minutes February 19, 2013 make a fileable case against him therefore, they were not able to clear those cases. Police Chief Holder further explained the national clearance rate in property crimes is a little over 13 percent, he stated we are much higher than the national average. Councilmember Taylor questioned staff regarding if the suspect is known, how come they cannot clear the case. Chief Holder explained just because the suspect is known does not mean we have a fileable case. Councilmember Muhm questioned staff regarding if the file is pending. Chief Holder explained property crimes are the most difficult to clear. He stated more violent crimes are easier to clear. Councilmember Muhm questioned staff regarding what is Period 13? Assistant City Manager/Chief Financial Officer Terry Leake stated Period 13 refers to the close of the audit. Councilmember Muhm questioned staff regarding if there were some soft figures in the first quarter for the Colleyville Center measures. Manager Lothery replied the cost recovery was at 76 percent for the first quarter. Councilmember Taylor commended Manager Lothery on a job well done especially since she has only been on the job 12 days. PC-3 Presentation of the Monthly Financial Report - January 2013 Finance Manager Karen Hines presented the Monthly Financial Report for January 2013 to the Mayor and City Councilmembers. Councilmember Muhm questioned staff regarding if Oncor is behind on their payment. Manager Hines replied it will be a March payment. Councilmember Taylor questioned staff regarding the ambulance billing. Manager Hines stated we have not had any issues with ambulance billing. Mayor Kelly concurred and stated it has been working really well. Councilmember Muhm questioned staff regarding the alarm payment delay in receipts. Manager Hines explained the account has been caught up now. Councilmember Muhm questioned staff regarding the payments for courts. Manager Hines replied the processing is going well. Mayor Kelly explained the warrant round up will begin the first weekend in March. o w City Council Minutes February 19, 2013 PC-4 Discussion of the February 19, 2013, City Council regular agenda items Councilmember Hall questioned staff regarding item 4e. Public Works Director Bob Lowry explained it is the entire stretch of Glade Road that has not already been approved. He further explained the scope of the project and what is to be achieved. Councilmember Wollin questioned staff regarding the definition of a "stake-holder". Director Lowry explained a "stake-holder" is anybody who will live on, drive through, or have an interest regarding Glade Road. Councilmember Wollin questioned staff regarding if there will be a separate website. Director Lowry replied he anticipates there being another website, however the logistics of it have not been figured out. City Manager Jennifer Fadden stated staff will ensure the website will have the look and feel of the City's website, ensuring it looks official. Councilmember Wollin questioned staff regarding the e-newsletters. Director Lowry replied the Communications and Marketing Director Mona Gandy will be heavily involved in this process. Councilmember Muhm questioned staff regarding if everything for this project will be outlined, such as a three lane versus a two lane. Director Lowry replied the consultant will have an open mind and will listen to the citizens. Councilmember Muhm questioned staff regarding when the project could begin, 2014? Director Lowry explained the process the project will move through; such as design and construction. He further explained they anticipate it to be a year after the design has been completed and all of the public input considered; late 2014 to early 2015. Councilmember Muhm stated he is very glad this project is being considered and anticipates it being very well received by the citizens. Councilmember Hall questioned staff regarding if any items will require a supermajority tonight. City Manager Jennifer Fadden stated items 5a and 5b will both require a supermajority vote at the next City Council meeting. Mayor Kelly adjourned the Pre Council meeting at 6:35 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on February 19, 2013, at 7:34 p.m. ROLL CALL: Mayor David Kelly, and Councilmembers Carol Wollin, Michael Muhm, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Interim Fire Chief Clif Nelson, Police Chief Mike Holder, Captain Robert Hinton, Code Enforcement Officer Ky Roby, Economic City Council Minutes February 19, 2013 Development Director Marty Wieder, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Community Development Coordinator Darren Cain, Strategic Services Manager Adrienne Lothery, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley were also present. Absent: Councilmember Jody Short 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 or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect 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 6:35 p.m. and reconvened at 7:28 p.m. INVOCATION: Pastor Dave Jung, Crown of Life 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-13-3596 Mayor Kelly read Resolution R-13-3596 in its entirety. City Council Minutes February 19, 2013 Economic Development Director Marty Wieder explained the new tenant for the Village Park Shopping Center is Whole Foods. Mayor Kelly opened the public hearing at 7:48 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:48 p.m. Councilmembers Hall, Wollin, and Muhm congratulated Director Wieder for his tenacity and diligence for seeking businesses, such as Whole Foods, for the City of Colleyville. Councilmember Hall also complimented City Manager Jennifer Fadden for hiring Director Wieder. Councilmember Taylor concurred with the Councilmembers compliments. He further questioned staff regarding what is the payback since the City is fronting the money. Director Wieder replied it will be about six years. Councilmember Taylor replied it may come a little bit faster with the other tenants expected to follow. Director Wieder concurred. Councilmember Taylor explained the amount for this particular deal has been brought down, considerably, with a big long term bonus to the community. Mayor Pro Tern Hart echoed the Councilmembers sentiments, and stated Director Wieder has the most difficult job in the City. Mayor Kelly echoed the Councilmembers compliments, and thanked the residents who have played an active role in this process. Mayor Kelly moved to approve Resolution R-13-3596. 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 Carol Wollin, Michael Muhm, Stan Hall, and Mike Taylor Absent: 1 - Councilmember Short 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 seventh class of the Colleyville Citizen's Fire Academy to start on February 21, 2013. City Council Minutes February 19, 2013 Proclamation in recognition of the Grapevine-Colleyville Youth Football Association (GCYFA) standings in the 2012 playoff games - Coach Mark Assaad, and team members - Mayor David Kelly Mayor Kelly recognized the Grapevine-Colleyville Youth Football Association (GCYFA) standings in the 2012 playoff games. Coach Mark Assaad and team members accepted the proclamation and said thanks. They presented Mayor Kelly with a team jersey. In recognition of Colleyville's featured business - Bark Avenue Market & Bakery, 5615 Colleyville Boulevard, Suite 320, Tammy Malone, Owner - Mayor David Kelly and Economic Development Director Marty Wieder Tammy Malone, owner of Bark Avenue Market & Bakery, came forward and accepted the recognition and explained the products in which they sell. She further explained the expansion of their location and how they look at a holistic view of feeding animals. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3597 4a Approval of the minutes of the regular City Council meeting of February 5, 2013 4b Approval of the minutes of the City Council Worksession of January 29, 2013 4c Approval of a lease-purchase agreement with Baystone Financial Group / Kansas State Bank through the Houston-Galveston Area Council of Governments Purchasing Co-Operative (HGAC), for the lease of a Ford F- 450 Frazer ambulance, in the amount of $209,425, and authorize the Mayor to execute all agreements 4d Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program 4e Authorization for the city manager to negotiate an Engineering Services Agreement with Transystems Corporation, for the preliminary design of improvements to Glade Road between the west City limits and Heritage Avenue, in an amount not to exceed $793,639 4f Approval of an amendment to a Professional Service Agreement with Schrickel, Rollins and Associates, Inc., for the design of a portion of the Pleasant Run Trail between The Village and Bogart Drive, to add the design of improvements to Pleasant Run Road, in an amount not to ` `s= Y :, s ,,::aaa.,r ' u',.y ti.? z.:w.wae-„/-;> d' .:«::,aw. •• `” ,. .ar.f tt, aacrk { City Council Minutes February 19, 2013 exceed $46,355, and authorize the city manager to execute the amendment 4g Approval of the sale of a parcel of land consisting of approximately 8.1 acres, located at the northeast corner of Colleyville Boulevard and Longwood Drive, to Robert Johnson dba Roscoe Construction, Inc., in the amount of $180,000, and authorize the city manager to execute the contract Mayor Kelly read Resolution R-13-3597 in its entirety. Councilmember Muhm requested consent item 4g be considered separately on the ending resolution. Councilmember Hall questioned staff regarding agenda item 4e. Public Works Director Bob Lowry explained the proposed engineering services agreement. Councilmember Hall questioned staff regarding the first step in the study. Director Lowry explained citizen input would be the first step in the entire process. Councilmember Muhm questioned staff regarding when the public can anticipate the first session. Director Lowry explained the first session should take place within 30- 45 days of the approval of the contract. Councilmember Muhm stated he is excited about this project and making this a reality, and stated he supports this 100 percent. Mayor Pro Tern Hart questioned staff regarding how this information will be presented to the public. Director Lowry replied there will be a website dedicated to this project as well as the e-communicator and any other forms of communication available. Mayor Pro Tern Hart questioned staff regarding what is the acronym Councilmember Short refers to in instances such as these. Director Lowry replied D.A.D., which stands for Design and Defend; he stated we would rather not have to defend but to design what the community wants. Mayor Kelly opened the public hearing at 8:11 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:11 p.m. Councilmember Muhm questioned staff regarding item 4d; is the percentage in which Colleyville pays for teen court services equal to the cases for Colleyville teens versus the other cities? Crystal Maddalena, Teen Court Advisor, explained Colleyville receives as much participation from staff, in particular, even though the cases for City Council Minutes February 19, 2013 Colleyville are lower. Councilmember Muhm explained he supports the program but just feels the City pays a little more than others. Ms. Maddalena explained Southlake is at the same funding level. Councilmember Taylor stated the costs for staff and facilities have now been brought in which indicates that it is far more in line versus the incident report. Mayor Kelly explained those reports will be available for the Councilmembers. Councilmember Hall moved to approve Resolution R-13-3596 with the exception of agenda item 4g. Mayor Pro Tern 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 Carol Wollin, Michael Muhm, Stan Hall, and Mike Taylor Absent: 1 — Councilmember Jody Short 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance 0-13-1864 Request for a zoning change from AG-Agricultural to PUDR on Tract 1A, Abstract 1732 of the S.C.H. Wilton Survey and Tract 4A1, Abstract 1518, of the D.R. Teeter Survey located at 2501 Cheek-Sparger Road, Case ZC12-029 Mayor Kelly read the caption of Ordinance 0-13-1864 in its entirety. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:22 p.m. Jimmy Fechter, Adams Engineering, and Gary Panno, the applicant and property owner, came forward to present the case and brief the City Council. Henry DelCastillo Jr., 3980 Witten Drive, spoke in support of the rezoning request. Bill Marrin, 3960 Holiday Drive, spoke in support of the rezoning request. Ed Mackiewicz, 3957 Spring Garden Drive, President of the Spring Garden Homeowners Association, spoke in support of the rezoning request. Ted Smith, 3900 St. James Court, spoke in opposition to the rezoning request with concerns for safety and privacy. tt City Council Minutes February 19, 2013 Keith Squires, 3902 St. James Court, spoke in opposition to the higher density development. Bob Hassett, 2500 Kensington Place, spoke in opposition to the higher density development with two-story structures. George Naftis, 4101 Buckingham Place, President of the Hills of Central Park Homeowners Association, spoke in opposition to the rezoning request with concerns for density. There was no one else wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:54 p.m. Discussion occurred regarding the minimum setback and height requirements for various zoning districts. Mayor Kelly questioned staff regarding the calculations of density. Director Ron Ruthven explained staff has calculated the density with minus the open space and by using one-half of the right-of-way. Councilmember Hall stated he would like to see the calculations done correctly. Councilmember Muhm stated specifically for the Spring Garden development and the proposed development. Mayor Kelly questioned staff regarding why the Planning and Zoning Commission requested no side windows. Director Ruthven stated there were concerns from the surrounding neighbors that their view lines would be compromised. Mayor Kelly questioned staff regarding if Spring Gardens is a two-story development. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if they are allowed to have rear and side windows. Director Ruthven replied yes. Councilmember Muhm questioned Mr. Fechter regarding the sidewalk in the back as opposed to leaving it as an open space area. Mr. Fechter stated the spirit of the ordinance was met with the sidewalk being in the back to meet the open space requirements at the advisement of staff and the Planning and Zoning Commission. Councilmember Muhm questioned Mr. Fechter regarding the topography of the lots, specifically Lots 6-10; do they look down into the surrounding neighbors, and if so, by how much do they look down? Mr. Fechter replied Lot 7 is actually on the high point, but that is one foot higher than what the lot to the north, in the adjacent neighborhood is. He stated Lot 6 actually steps down which is actually more on a level playing field. City Council Minutes February 19, 2013 Councilmember Muhm stated having some concerns with a two-story structure being a lot higher than his property. Mr. Fechter explained they will sit a little higher and that currently this property drains into that neighbor's property. He stated there will be 35 feet, just to the back of the building from the properly line. He stated for the most part, the second story feature is more toward the front section of the house. Councilmember Muhm questioned Mr. Fechter regarding if Lot 9 will be single story? Mr. Fechter replied yes, based on the feedback from the neighbors to the east. He stated the developers were led to believe if Lot 9 was built as a single-story, then they would be willing to support the project. Councilmember Muhm questioned if Mr. Fechter presented to the Planning and Zoning Commission. Mr. Fechter replied yes. Councilmember Muhm questioned Mr. Panno regarding if these homes will be speculation homes. Mr. Panno replied probably will be half and half and built within 12 months. He stated the second story will be in the front half of the home. Councilmember Muhm questioned Mr. Panno regarding if this requirement can be written into the ordinance. Mr. Panno replied he had no issue with it. Councilmember Wollin questioned Mr. Panno regarding the brick screening wall. Mr. Panno replied there is a wood fence along the northern property line. He stated they are willing to repair the existing brick wall. Councilmember Wollin questioned Mr. Panno regarding if he would be willing to repair the brick walls in the beginning of the project versus at the end. Mr. Panno replied yes. Mr. Panno stated he has been trying to work with the Hills of Central Park (Mr. Naftis) to have their support. Mr. Panno agreed to take down the existing six foot wall and put up an eight foot cement panel wall with the understanding he would have the ability to construct a story and half on Lot 9, and put windows on the sides. However, Mr. Naftis did not agree to it. Mayor Kelly and Mr. Naftis discussed various zoning district designations, lot density, and window placement. Mr. Naftis stated the real issue is density, which dictates the privacy. Councilmember Muhm stated the developer has appeared to spread out the density of the project to minimize the number of potential persons looking out into the neighbor's areas. Mayor Kelly explained to Mr. Naftis any other zoning district would allow windows to the rear of the house. Mr. Naftis concurred. City Council Minutes February 19, 2013 Councilmember Wollin explained to staff some inconsistencies from the briefing versus ordinance regarding lot numbers. Director Ruthven stated his apologies for the inconsistencies in the briefing versus the ordinance and further stated those would be corrected for the next meeting. Councilmember Wollin stated none of the developments have allowed lot coverage percentage of 80 percent. Director Ruthven stated 80 percent is high but there could be some flexibility for the developer to lower to possibly 60 percent. Councilmember Wollin questioned staff regarding the definition of lot coverage. Director Ruthven explained it is the area under roof. Mayor Kelly stated he would like to see the developer work with the surrounding neighbors. Councilmember Taylor questioned Mr. Panno regarding what a story and a half looks like from the back; just a large sloped roof? Mr. Panno replied yes, and will look like a one-story elevation. Mayor Kelly questioned Mr. Panno regarding if he can provide elevations for the next meeting. Mr. Panno replied yes. Councilmember Taylor questioned staff regarding if there have been police calls for people looking into other neighbors backyards. Chief Holder replied no known problems. Councilmember Taylor questioned staff regarding when second story windows come into play for safety in the event of a fire. City Manager Jennifer Fadden explained the building code allows for any room designated as a bedroom to have a window. Councilmember Taylor stated he does not agree with not allowing windows on the second floor for safety, ventilation, and natural lighting. Councilmember Taylor questioned staff regarding why Spring Garden was not listed on the higher density matrix provided in the packet. Director Ruthven stated he will include the information for the next meeting. Mayor Kelly questioned Mr. Panno regarding if they will provide a traffic impact analysis for the next meeting. Mr. Panno replied yes. Councilmember Taylor stated he sees the current issue with the driveway position, therefore he does not see why a traffic impact study needs to be done. City Council Minutes February 19, 2013 City Engineer Jeremy Hutt stated staff has requested the developer have a design engineer look at this particular situation to look at the site line and address any issues. Councilmember Muhm questioned staff regarding if this information will be available at the next meeting. Engineer Hutt replied yes. Mayor Kelly questioned staff regarding if there will be remedies for the situation. Engineer Hutt replied yes and it will be upon the developer to correct. Mayor Pro Tern Hart questioned Mr. Panno regarding if the trees to be planted, will remain green, like an evergreen? Mr. Fechter replied yes, especially since they will be using it for screening. Mr. Fechter stated there will technically only be three buildable lots with two open space lots adjacent to The Hills of Central Park. Mayor Kelly encouraged the developer to work with the neighbors. Mayor Kelly recessed the meeting at 9:34 p.m. Mayor Kelly reconvened the meeting at 9:46 p.m. 5b Ordinance 0-13-1865 Request for a Special Use Permit for a carport on Lot 19, Block 2, of the Briarwood-Colleyville Addition located at 5804 Quails Path, Case ZC12- 032 Mayor Kelly read the caption of Ordinance 0-13-1865 in its entirety. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 9:50 p.m. Tim Coltart, applicant and property owner came forward to present the case and brief City Council. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:59 p.m. Mayor Kelly questioned staff regarding the primary purpose of a carport. Director Ruthven replied the primary purpose of the carport is to store vehicles. Mayor Kelly questioned Mr. Coltart regarding the size of the carport. Mr. Coltart stated he intends for the storage of vehicles without the appearance of a garage. He further explained he wanted to bring in natural elements such as light and greenery. �s�, r'm t;Y'-r�r r :�. � es=xi ��° �;�,:, F,\ ,s.a � �..�„✓ ..s '� z�, �, .� City Council Minutes February 19, 2013 Mayor Kelly questioned Mr. Coltart regarding if he currently uses the garage to store vehicles. Mr. Coltart replied a pair of jet skis and a small car. Mayor Kelly questioned Mr. Coltart regarding why such a large carport. Mr. Coltart explained he thinks it's the right size given the parameters. He stated it is a flexible space however, it would be difficult to use if it were smaller. He stated he has designed it to be behind the roof line. Councilmember Muhm questioned Mr. Coltart regarding if he currently has a garage. Mr. Coltart replied yes. Councilmember Muhm questioned Mr. Coltart regarding if he is looking to replace the current garage. Mr. Coltart stated the existing garage is to keep the jet skis and possibly in the future he may enclose the garage area. Councilmember Muhm questioned Mr. Coltart regarding the height of the space to be covered about 9 1/2 feet. Councilmember Muhm questioned Mr. Coltart regarding the flat roof. Mr. Coltart replied it is purely for aesthetics. Councilmember Muhm questioned Mr. Coltart regarding the rear concrete to be used as a sports court. Mr. Coltart explained the pad site will be used as a place to put a garage or something else however, it is adjacent to the house therefore they will use it as a basketball court and then a screening area for trees. Councilmember Muhm questioned Mr. Coltart regarding if the roof is going to be a raised, metal roof? Mr. Coltart replied yes, sheet metal, fully finished out box underneath. Councilmember Muhm questioned Mr. Coltart regarding if there are any concerns for the look of a compound from the front. Mr. Coltart replied no, especially since there is a big picture window. Councilmember Taylor questioned staff regarding the primary reason for denial. Director Ruthven replied the primary reason for denial is based on the fact that the carport does not meet the minimum requirements of the Land Development Code. Councilmember Taylor explained Mr. Coltart should try to meet the requirements of the code. Mayor Kelly concurred with Councilmember Taylor. Mr. Coltart stated some of the guidelines leave out room for originality. City Council Minutes February 19, 2013 5c Ordinance 0-13-1866 Consideration of a request for an amendment to the PUD-R-Planned Unit Development Residential zoning and development requirements on Tracts 1B, 1B1, 1B01, 1B2, 1B4, 1B5, Abstract 685, of the John H. Havins Survey and Tract 6, Abstract 352, of the Elizabeth Cox Survey located at 3805 Glade Road and 4900 and 4908 Heritage Avenue, Case ZC12-031 Mayor Kelly read the caption of Ordinance 0-13-1866 in its entirety. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 10:21 p.m. Brett Pedigo, Paul Spain, and Bobby Harrell with Manna Land, 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 10:36 p.m. Mayor Kelly questioned staff regarding building materials, is stucco allowed? Director Ruthven replied only real stucco is allowed. Mayor Kelly questioned staff regarding the Low E window requirement. Director Ruthven explained it was a request made by the applicant. Mayor Kelly questioned staff regarding the right in and right out median. Director Ruthven explained the lowered part of the proposed median is like Copperglen. Mayor Kelly stated clarification may need to be made in the ordinance regarding what type of median will be installed. Mayor Kelly questioned staff regarding the phasing of the development with this ordinance update; how will the two be blended together? Director Ruthven replied everything to the south, especially the commercial property will remain the same, and however the lot dimensions have changed from the approved 2007 ordinance. Mayor Kelly questioned staff regarding the proposed church access; will it be considered a secondary emergency entrance? Director Ruthven replied mostly a mutual access easement; however, it will be up to the church to decide the driveway connection. Mayor Kelly stated having some concerns for the divided entrance. Councilmember Muhm questioned staff regarding how many acres is the commercial property? Mr. Pedigo replied approximately 3.9 acres. City Council Minutes February 19, 2013 Councilmember Muhm questioned Mr. Pedigo regarding what use they envision. Mr. Pedigo replied the two tracts on the northern end is owned by Dr. Perez, a local dentist, and he has a desire for professional office uses. H further explained the east side is more for a commercial retail use. He stated he is currently working with Economic Development. Councilmember Muhm stated he would like actual retail versus office type uses. Councilmember Muhm questioned Mr. Pedigo regarding the phasing of the development and access to it. Mr. Pedigo explained the street layout and the configuration for all phases. Councilmember Muhm questioned Mr. Pedigo regarding if the property will be gated, with one entrance from Glade Road and Heritage Avenue. Mr. Pedigo replied yes. Councilmember Muhm questioned Mr. Pedigo regarding if there it will be zero lot lines. Mr. Pedigo replied the development will be a single family detached and a center loaded product. Councilmember Muhm questioned Mr. Pedigo regarding if there will be single and two story homes and what will is the price range? Mr. Pedigo replied there will be single and two story homes and the price range will be from $400,000-700,000. Councilmember Muhm questioned staff regarding how many builders are interested. Mr. Pedigo replied one builder since there are so few lots. Mayor Kelly questioned staff regarding if they want to make some modifications, will they have to come back to City Council. Director Ruthven replied yes, and the real modifications will be with the commercial corner at Cheek-Sparger Road and Heritage Avenue, and the bridge over Little Bear Creek. Councilmember Taylor questioned staff regarding why the Glade Road access has been put back into this proposal, since it was taken out in 2007 after much debate about the intersection. Director Ruthven explained since this Glade Road entrance is not the primary access to the development, the developer would like to include it as a right-in-right-out only use. Councilmember Taylor stated the church access has now been added too. He stated having concerns for this access. Director Ruthven stated the right-in-right-out from Glade Road meets the requirements of the traffic impact analysis. He further explained the church access was added on behalf of the Planning and Zoning Commission, and it may create more issues than it solves. Councilmember Taylor concurred and expressed his concerns since there was a lot of debate done in 2007. He stated the traffic in this area has increased. Mr. Pedigo stated if retail is provided on Glade Road, the creek area was a natural divide, therefore to eliminate the need City Council Minutes February 19, 2013 for a second access or drive, the road as a right-in-right-out will work and meet that need. Councilmember Taylor stated there needs to be more consideration given to this intersection at Glade Road and Heritage Avenue. Mayor Kelly stated he thought the original intersection from Glade Road was moved closer to Heritage Avenue. Director Ruthven replied it was closer to Heritage Avenue since the commercial property was smaller. Mayor Kelly stated he would like to see a conceptual plan for the access points for a commercial entry if the Glade Road access is not approved. Discussion occurred regarding the owners of the property, the original ordinance language, and the amended language. Councilmember Taylor stated being concerned about what the owners know is in place versus the changes. Councilmember Wollin stated the Prestwick homeowners want the buffer between the two developments. Councilmember Taylor concurred and stated it is important for the homeowners to know what is going on with this development. Mr. Pedigo stated notice was sent to the homeowners for the portion of property in which they are doing the development. He stated the public hearing notice was then sent, by the City, to the property owners surrounding the entire development, including the southern portion. He further explained the intent was to craft this into being something that was originally planned, and then to build the right plan. Councilmember Taylor stated he liked the original plan for the housing units being denser towards Heritage Avenue and the larger lots being adjacent to Prestwick Park. Mr. Pedigo stated these plans have been shown to the homeowners so that they have been transparent with this amendment. Mayor Pro Tern Hart questioned Mr. Pedigo regarding if there have been any push back from the neighbors. Mr. Pedigo replied there have been no push backs from the neighbors. Mayor Pro Tern Hart questioned Mr. Pedigo regarding if this is approved when development will start. Mr. Pedigo replied they are ready immediately, by June or July of this year, given the construction and platting requirements. Mayor Kelly questioned staff regarding Planning Area A, which states there will be an increase from 9,000 square feet to 9,400 square feet, is that just for phase one or all planning area lots. Director Ruthven replied all Planning Area A. Mayor Kelly explained that will be an increase adjacent to Prestwick Park. sew City Council Minutes February 19, 2013 Mayor Kelly questioned staff regarding under Planning Area B, there will be an increase from 5,000 to 5,500, which will increase the other lots on the east side? Director Ruthven concurred. Councilmember Wollin stated the briefing indicates the maximum height in the 2007 ordinance was 40 feet however, there is no recommendation in the amending ordinance. Director Ruthven explained the default would be 35 feet per the Land Development Code. Councilmember Taylor questioned Mr. Spain regarding the owners of the subject properties. Mr. Spain explained the owners and stated they currently have two out of four of the owners of the property under contract therefore, this phase includes those owners. He further explained the original plan, the amendment, and its attention to detail. Councilmember Muhm questioned Mr. Spain regarding how many of the approximately 100 acres is currently under contract. Mr. Spain replied 13.6. Councilmember Muhm questioned Mr. Spain regarding when the remaining acres will be under contract. Mr. Spain replied it is currently in process. Mayor Kelly questioned Mr. Spain regarding if the other owners are waiting to see if the property will actually develop before they will move forward with a contract. Mr. Spain replied there are 37 family members involved in this process therefore he is hoping that once the property begins to develop, the Harrington family will want to move forward with a contract. Councilmember Taylor stated his biggest concern is the Glade Road entrance. Mr. Spain stated the fire code requires two points of access however, there is some flexibility and the plans were to accommodate the commercial on the corner. He stated he can bring back a revised plan for the next meeting. Councilmember Muhm stated the intersection on Glade Road is very busy given everything in the area. He stated Heritage Avenue seemed to be the better option. Mr. Spain stated the commercial users would have to use their access versus having a commercial driveway on the corner. Councilmember Muhm questioned Mr. Spain regarding if there is room for cuing on Heritage Avenue. Mr. Spain replied yes. Councilmember Taylor stated there may no longer be an issue with the right-in- right-out since the intersection has been constructed. Mr. Spain stated they can bring more options to the next meeting. City Council Minutes February 19, 2013 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-13-3598 Consideration of an appointment to the Zoning Board of Adjustment, Alternate 2, filling the positions of Place 5, and Alternate 1 Mayor Kelly read Resolution R-13-3598 in its entirety. Mayor Kelly opened the public hearing at 11:14 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 11:14 p.m. Councilmember Wollin moved to approve Resolution R-13-3598 appointing Larry Kainer to Alternate 2. 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 Carol Wollin, Michael Muhm, Stan Hall, and Mike Taylor Absent: 1 — Councilmember Short 6b Resolution R-13-3599 Approval of a resolution appointing Library Board members Mayor Kelly read Resolution R-13-3599 in its entirety. Mayor Kelly opened the public hearing at 11: 16 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 11:16 p.m. Mayor Kelly moved to approve Resolution R-13-3599. 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, Michael Muhm, Stan Hall, and Mike Taylor Absent: 1 — Councilmember Short 4 City Council Minutes February 19, 2013 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Kathleen Hennessey, 5013 Stonebridge Drive, Colleyville, came forward and spoke regarding the coefficients for the calculation of stormwater runoff rates of flow. 8. REPORTS Planning and Zoning Commission Minutes - January 14, 2013 Planning and Zoning Commission Minutes - January 28, 2013 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR FEBRUARY 19, 2013 - Reading and Public Hearing - Resolution R-13-3600 4g Approval of the sale of a parcel of land consisting of approximately 8.1 acres, located at the northeast corner of Colleyville Boulevard and Longwood Drive, to Robert Johnson dba Roscoe Construction, Inc., in the amount of $180,000, and authorize the city manager to execute the contract Mayor Kelly read R-13-3600 in its entirety. Mayor Kelly opened the public hearing at 11:27 p.m. Public Works Director Bob Lowry presented the agenda item and briefed the City Council. Robert Johnson, 2900 Glade Road, proposed applicant, presented the agenda item and briefed the City Council. John Boyett, 6907 Longwood Drive, spoke in opposition to the request with concerns regarding the residential units, the final plans, and how the properties will affect his property. Helen Sallee, 6905 Longwood Drive, spoke in opposition to the request with concerns for the use of the property. She stated she approached the City several years ago and stated she could not buy the property since the land was dedicated to the City as park land. Matt Blaxton, 6903 Longwood Drive, spoke in opposition to the request with concerns for the use of the property. He stated he understood the property was going to be developed as park land. a a'`.� f �,, k `x v id 8 �y.�»>tr A.. �..,��&`"c C* .,,,4,'ttL-'F-` �u.:, "';� � ( A,• City Council Minutes February 19, 2013 Jamie Keeling, 6904 Longwood Drive, spoke in opposition to the request with concerns for the use of the property. She further stated the potential property owner has been building bike ramps on the subject property, yet he does not own it. She stated she does not feel he is being honest. There being no one else wishing to speak concerning this item, Mayor Kelly closed the public hearing at 11:40 p.m. Councilmember Muhm stated he has always been told this is park land. He stated the proposal is very nice but stated being unclear about whether or not this is a park. Councilmember Muhm questioned Mr. Johnson regarding what is currently being done on the subject property. Mr. Johnson explained he has cleaned out the underbrush so that a surveyor may come in to survey the property. He stated he found out his son had been taking his bikes down there to play but that he told them to stop once he found out they had been back there. He apologized for stepping over his boundaries in cleaning the property. He further explained the adjacent property will be developed as a rehabilitation facility which will allow people to go from Longwood to Pool Road. Councilmember Taylor stated being concerned that the residents do not know what is taking place. City Attorney Matthew Boyle explained the City's most recent title to this property came when they reacquired the property, being both parcels, in 2004. Since 2004, the City has not owned, held, or claimed either parcel as park land. As such, the Local Government Code restriction relative to the sale of dedicated park land property is not applicable. Mayor Kelly questioned staff regarding the plats for the subject properties, have they been categorized as park land? Director Ruthven replied the plat indicates public open space; likewise the 1995 PUD ordinance which rezoned the property for the Longwood development also categorizes it the same way. Councilmember Muhm questioned staff regarding how the land was conveyed. City Attorney Boyle replied not knowing. Mayor Kelly stated the records that do exist do not indicate it was officially dedicated as park land. He stated other properties have been made park land by the adoption of an ordinance or resolution. Councilmember Taylor questioned staff regarding if all records have been researched and the property is not park land. Director Ruthven replied yes, all records have been researched and the property is not park land. Councilmember Taylor questioned staff regarding if the property will then be used as a park, or park like property, once the developer finishes it. City Attorney Matthew y,. a^fix gad t}a8e d• - ^ ': City Council Minutes February 19, 2013 Boyle replied the terms of the proposed uses by the proposed owner include the option for the purchaser to create a park with certain required elements including to but not limited to, the bridge, but in the event the purchaser fails to produce such a park he forgoes the ability to receive a rebate from the City based on his corresponding cost for the park. So the worst case scenario is that the property is sold for $180,000 dollars and the developer cannot do anything with it because he has not met his corresponding follow-up requirements per the response of the request for proposal, nor will he receive any rebate from the City. Councilmember Taylor questioned staff regarding if many projects are done by the private sector, since they may be done cheaper? Director Lowry replied yes and further explained the parks master plan. Councilmember Taylor questioned staff regarding if the intent is to have public access from one side of the creek to the other, in other words from Longwood to Pool Road. Director Lowry replied yes, and subject to FEMA's approval. Councilmember Taylor explained this will take a great expense to reclaim this area. Director Lowry concurred. Mayor Kelly explained this will help students to cross over to get to the school rather than having to walk along Colleyville Boulevard. Councilmember Muhm moved to deny Resolution R-13-3600. Councilmember Wollin seconded the motion. Councilmember Hall stated being careful where you get your information. He stated being shocked the developer would take control over property that is not his. He stated the developer should be lucky that charges have not been brought against him for trespassing. He stated being angry by the fact that this has happened. Councilmember Wollin questioned staff regarding if there are any guarantees that the property can be used by the public. City Attorney Boyle replied no. Councilmember Muhm questioned staff regarding if there is a supermajority vote since some of the residents oppose the request. Mayor Kelly replied no. The motion to deny failed by the following vote: Aye: 2 - Councilmembers Carol Wollin and Michael Muhm Nay: 4 - Mayor David Kelly, Mayor Pro Tern Tom Hart, and Councilmembers Stan Hall and Mike Taylor Absent: Councilmember Short City Council Minutes February 19, 2013 Councilmember Hall moved to approve Resolution R-13-3600. Mayor Kelly seconded the motion. Councilmember Taylor questioned staff regarding what if nothing happens on this property, is there a time frame? Director Lowry replied the developer has 30 days from final approval from FEMA to begin construction of the bridge and the park and 120 days to complete it to be eligible for reimbursement. Mayor Kelly stated it had turned to midnight and City Council would need to vote to continue the meeting. All members concurred to continue the meeting. Councilmember Wollin questioned staff regarding exactly what can be constructed onto the land adjacent to the existing property owners, without a zoning change. Director Ruthven explained the ML-Light Manufacturing zoning district uses as outlined in the Land Development Code. Councilmember Taylor stated the developer will have to rezone the property in order to do anything other than his proposal. He further stated there are many benefits to this proposal. Councilmember Wollin questioned staff regarding where does the reimbursement money come from. Director Lowry explained the reimbursement money comes from the $180,000 dollars used from the sale of the property. Councilmember Hall questioned staff regarding if the mineral rights have been retained. City Attorney Boyle stated the motion may be amended to include that condition. Mayor Kelly accepted the amendment. Councilmember Taylor questioned staff for clarification that this property is not park land which would require a citizen vote to sell such. City Attorney Boyle replied correct. The motion to approve carried by the following vote: Aye: 5 - Mayor David Kelly, Mayor Pro Tern Tom Hart, and Councilmembers Carol Wollin, Stan Hall and Mike Taylor Nay: 1 - Councilmember Michael Muhm Absent: 1 - Councilmember Short 10. ADJOURNMENT There being no further business before the City Council, Councilmember Muhm moved to adjourn, and Councilmember Wollin seconded the motion. City Council Minutes February 19, 2013 The motion carried with the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tern Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, and Mike Taylor Absent: 1 - Councilmember Short Mayor Kelly adjourned the City Council meeting at 12:06 a.m., February 20, 2013. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 5TH DAY OF MARCH 2013. Minutes taken and prepared by: ►i 4 Amy Shelley City Secretary