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HomeMy WebLinkAboutCity Council-Minutes-3/5/2013City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 5, 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 modifications to the tiered water rate structure PC-2 Update on the Cheek-Sparger Road and Jackson Road Intersection Improvements PC-3 Discussion of the March 5, 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 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager 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 of Colleyville Page 1 City Council Agenda March 5, 2013 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Ricky Texada, Colleyville Covenant 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-13-3601 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 American Red Cross Month - Nancy Vanderschaaf, American Red Cross Volunteer Presentation of a donation to the Colleyville Public Library for the 2013 Summer Reading Program from The Robert J. & Helen H. Glaser Family Foundation in the amount of $10,000 - by the Colleyville Public Library Foundation, Cecilia Monacelli, President 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3602 4a Approval of the minutes of the regular City Council meeting of February 19, 2013 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-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 O-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 City of Colleyville Page 2 City Council Agenda March 5, 2013 5c Ordinance O-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. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-13-1867 Consideration of a request to rezone from R20-Single Family Residential to PUD-R-Planned Unit Development Residential on 12.0 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey, and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, Case ZC12-025 6b Ordinance O-13-1868 Approval of amendments to the Future Land Use Map of the Colleyville Master Plan for 12.0 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey, and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, from an Office Land Use Designation to a Single Family Land Use Designation 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3603 Approval of a resolution rescinding Resolution R-13-3600 7b Resolution R-13-3604 Approval of a City Developer Agreement for the Somerset Manor Addition located in the 1200 block of Murphy Road, and authorizing the city manager to execute the agreement, Case GC13-003 7c Resolution R-13-3605 Approval of a final plat for 16.8 acres on Lot 1A, Block 1, of the River Valley Ranch Addition and Lot 1B1, Block 1, of the Tate Addition located in the 1200 block of Murphy Road, Case PC12-022 7d Resolution R-13-3606 Consideration of a request for a Temporary Use Permit in order to conduct an outdoor concert on March 30, 2013 located at 6000 and 6100 Colleyville Boulevard, Case GC13-004 City of Colleyville Page 3 City Council Agenda March 5, 2013 7e Resolution R-13-3607 Approval of a resolution to support the Grapevine-Colleyville Independent School District and encourage the Texas Legislature to provide adequate funding for public education 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Colleyville Library Board Minutes - November 12, 2012 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR March 5, 2013, - Reading and Public Hearing - Resolution R-13-3608 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, March 1, 2013, by 5:00 p.m. Amy Shelley 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. City of Colleyville Page 4 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, March 5, 2013 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on March 5, 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, Interim Fire Chief Clif Nelson, 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, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. PC-1 Discussion of modifications to the tiered water rate structure Public Works Director Bob Lowry discussed the modifications to the tiered water rate structure. Councilmember Short expressed the need for the tiered water rate structure given the fact the City has been pushing the Lawn Whisperer. He stated the folks who are doing, what seems to be the right thing, should not be punished with the higher rates. Councilmember Muhm questioned staff regarding if the lot sizes are net all of the concrete. Director Lowry replied the numbers on the chart reflect the amount of land to be irrigated. Councilmember Muhm stated it appears to be a lot of work to calculate. Director Lowry stated the easiest solution, is to put in a separate irrigation meter to regulate the tiered rate. Mayor Pro Tem Hart questioned staff regarding if this would be a separate irrigation meter. Director Lowry replied yes and he explained the process of installing the meter. Councilmember Taylor questioned staff regarding if the larger estate lots, which have water wells for irrigation, are receiving the lower rate. Director Lowry replied he believes those particular lots use the water well for irrigation however, he further City of Colleyville Page 1 City Council Minutes March 5, 2013 explained there are large estate lots which do not have separate water wells for irrigation. He stated some of the homeowners associations have large open spaces, which require irrigation and therefore, they use large amounts of water. Mayor Kelly stated we are making it a water conservation mechanism, and it is a matter of choice. He further stated a change in behavior is required, such as using drought tolerant landscaping. Councilmember Short stated the smaller lots may be overwatering therefore the conservation is not being achieved. Mayor Kelly stated some may not have a water conservation plan in place. Councilmember Short stated the measures have been set; it is simply a matter of using them. Mayor Kelly expressed he would like some research for a commercial sector, to look at their watering rates. Councilmember Taylor stated there are exceptions to everything done. He stated if conservation is being achieved, the watering must be reduced. He stated this issue has been debated, almost to the point of not being passed. Mayor Pro Tem Hart stated, for the long term, water conservation must be preached. Mayor Pro Tem Hart questioned staff regarding what the city of Bedford is doing. Director Lowry replied he did not know a lot about it, but apparently they give credits to HOAs and other property owners that irrigate in the right-of-way. Discussion occurred regarding the cycles in which the tiered water rates have been in effect and HOA usage. Councilmember Hall suggested the City should further monitor the program. Councilmember Wollin concurred and stated there needs to be further education since there are many landscaping options for drought tolerant conditions. She further stated it is very upsetting to her to see the concrete areas being watered in the late afternoon. Councilmember Taylor stated there is a potential for another hot summer, therefore there needs to be more monitoring of the program. Mayor Kelly stated he thought there was some rebate put in place for those who had reduced their water usages. City of Colleyville Page 2 City Council Minutes March 5, 2013 Councilmember Muhm questioned staff regarding the water usage with the different temperature levels. Assistant City Manager/Chief Financial Officer Terry Leake explained the usages with the exhibit provided in the agenda packet. Councilmember Short questioned staff about the audit program Southlake has in place. Director Lowry explained Southlake’s program, but stated he had not seen an actual report. Councilmember Short questioned staff regarding how does Southlake fund it? Director Lowry replied Southlake uses the utility fund. Mayor Kelly questioned staff regarding the interest rate with the citizens. Director Lowry replied he would have to get back with City Council regarding the level of interest. Councilmember Short questioned staff regarding if Southlake has a goal usage per capita rate? Director Lowry replied some cities use a target to measure; however, he did not feel there was a payback for it. Councilmember Short stated those who are doing the right thing may be paying more than those who are not doing the right thing. Councilmember Short questioned staff regarding the water bill and how to read the usage. Director Lowry explained how to read the water bill given the decimals on the readings or by using the beginning and ending readings. City Manager Jennifer Fadden stated during the education efforts, a snapshot of the water bill could be displayed to explain how to read the water bill. City Council concurred that no changes are currently to be made with the tiered system and that some additional education would occur. Discussion occurred regarding the City’s billing cycle. PC-2 Update on the Cheek-Sparger Road and Jackson Road Intersection Improvements City Engineer Jeremy Hutt presented a brief update on the Cheek-Sparger Road and Jackson Road intersection improvements. Councilmember Muhm questioned staff regarding if the right-of-way has been acquired. City Engineer Hutt replied yes. Councilmember Hall questioned staff regarding if the street rehab dollars are coming from the funding already in place. City Engineer Hutt replied yes. City of Colleyville Page 3 City Council Minutes March 5, 2013 Councilmember Hall questioned staff regarding if this will cut other projects. City Engineer Hutt replied no. City Manager Jennifer Fadden explained each year a budget amendment is done to move over any remaining funds in street maintenance to the capital improvement project funds. She stated there is an accrual in this capital projects fund. Councilmember Muhm stated being concerned about using this money, if something else is not being done. He questioned staff regarding if this will be the same amount of street maintenance anyway. City Manager Jennifer Fadden replied yes. Councilmember Muhm questioned staff regarding if any of Bedford’s right-of-way is being acquired. City Engineer Hutt replied no. Councilmember Muhm questioned staff regarding if there are any proposed developments south of this intersection. City Engineer Hutt replied yes, but he has not heard if any have received approval. Councilmember Muhm questioned staff regarding if the proposed developments will be responsible for any adjustments or modifications at their expense. City Engineer Hutt replied he had not seen any. Councilmember Muhm questioned staff regarding ingress and egress for those developments. City Engineer Hutt stated he did not see them using the Cheek- Sparger side to exit the development. Community Development Director Ron Ruthven explained the development to the south of Cheek-Sparger Road in Bedford, had received approval of a residential development and the primary entrance would be approximately 60 feet from this intersection. Councilmember Taylor stated it will be a residential development. Councilmember Short questioned staff regarding if Bedford will be paying for the work in their city. City Engineer Hutt replied staff has not requested their participation given that Bedford is going to be working in a right-of-way in our City. Councilmember Muhm advised staff he would like to see the numbers to compare the amount of work being done, on their end in our City. Councilmember Short questioned staff regarding if the engineer for this project has looked at cost reduction efforts on the Bedford side, such as pavement markings, curb realignments, etc. which will accomplish the same. City Engineer Hutt replied we can have him look at it. Mayor Kelly explained there are other entities involved, therefore it will be a give and take. City of Colleyville Page 4 City Council Minutes March 5, 2013 Director Lowry replied there were extra points given by Tarrant County, to projects which included multiple jurisdictions. Mayor Kelly stated we are fortunate to have another project, which will help off-set this project. Councilmember Hall stated he did not want to lose any money with this project. Councilmember Taylor questioned staff regarding if anyone has talked with Bedford regarding this project. City Engineer Hutt replied they have met with staff and Director Lowry added the Public Works Director of Bedford has been approached. Councilmember Taylor stated he thought somebody from Bedford was there during the previous discussions for this project. Director Lowry stated a Bedford City Councilmember was present during those meetings. Councilmember Taylor stated there are those who do not like roundabouts, however, the locals do get used to them. He stated being surprised Bedford had not been petitioned to participate. City Engineer Hutt replied $60,000 is to be done in Bedford and with the Brown Trail project in which Bedford will be working in our right-of-way; the costs will offset each other. Director Lowry stated the Bedford public works director stated they do not want to participate in this project. Councilmember Muhm stated he would like for those conversations to take place at the conceptual stage so that other entities would have the ability to participate. Councilmember Taylor stated there are opportunities for others to participate, however, those discussions must take place in the very beginning. Councilmember Hall questioned staff regarding the John McCain and Pleasant Run Road roundabout and if it is currently on schedule. City Engineer Hutt replied yes and then explained the days it has currently been under construction. Councilmember Muhm questioned staff regarding if there will be something pushed to the west for detours for the roundabout at Jackson and Cheek-Sparger Road. City Engineer Hutt replied there may be multiple detour routes available and the signage can be in place. Councilmember Muhm stated he did not want the detours to be cumbersome. Mayor Pro Tem Hart questioned staff regarding if there is any way to reduce the 60 day closure? City Engineer Hutt replied yes, this is where the incentives come into play. He stated they think the 60-90 (150 day total) is very aggressive. City of Colleyville Page 5 City Council Minutes March 5, 2013 Councilmember Muhm questioned staff regarding if this is a very aggressive schedule. Director Lowry replied yes. City Engineer Hutt explained this can be very aggressive, since there is a very detailed plan in place. Councilmember Taylor stated the people will find the quickest routes and if it can be done in 60 days, the neighbors will be very happy. Councilmember Short questioned staff regarding if Heritage Avenue will be open when this starts and if it can be used as an alternate route. City Engineer Hutt replied it can, however, it is pretty far down there and people will not likely use it. Councilmember Taylor stated the sign will simply state “detour”; they will have to choose where they go. Councilmember Short questioned staff regarding if this roundabout will be concrete or asphalt. City Engineer Hutt replied concrete. Councilmember Short questioned staff regarding how much of the concrete is driving the schedule. City Engineer Hutt replied not much, especially with the phasing plan. Councilmember Muhm questioned staff regarding the time frame for the start of construction. Spencer Maxwell and John Doer, Freese and Nichols, came forward to discuss the update on the intersection improvements and stated the goal is to close Jackson Road during the summer months. Mayor Pro Tem Hart questioned Mr. Maxwell regarding the hours of construction. Mr. Maxwell replied the standard, six days a week, 7 a.m. – 7 p.m. Discussion occurred regarding the Spring Garden development and how they will enter and exit their subdivision. The Spring Garden HOA representative was present, and explained their concerns for entering their community. He stated the closing of Jackson Road is a great idea to help complete the project sooner. Councilmember Muhm questioned Mr. Maxwell regarding what is the 60 day timeframe and what is the 150 day timeframe. Mr. Maxwell explained the 60 days is the closure of Jackson Road. Councilmember Short stated the incentive would be to open Jackson Road up to traffic after the 60 days. Mr. Maxwell concurred. Councilmember Taylor questioned staff regarding if the bridge issue will be addressed during the 60 day timeframe. Director Lowry stated it will be going on concurrently. City of Colleyville Page 6 City Council Minutes March 5, 2013 Councilmember Muhm questioned Mr. Maxwell regarding what is a headwall. Mr. Maxwell provided an exhibit which detailed the headwall (decorative feature). Councilmember Muhm questioned Mr. Maxwell regarding the cost. Mr. Maxwell replied approximately $30,000 dollars. Mayor Kelly stated the Bogart bridge at Pleasant Run Road looks really nice with stone work. Director Lowry explained it is not really stone; it is a plastic liner with stamped concrete. Councilmember Short questioned Mr. Maxwell regarding how much of the walls will be seen. Mr. Maxwell explained going north on Central and south on Jackson Road. Councilmember Muhm questioned Mr. Maxwell regarding the $10,000 dollar difference, asking if it will include both sides. Mr. Maxwell replied yes. Councilmember Muhm stated he would does not want to spend money on features not seen. Councilmember Muhm questioned staff regarding the height of the railing. Mr. Maxwell replied about 12 feet from the lowest point. Mayor Kelly stated it needs to be done right the first time. Councilmember Taylor questioned Mr. Maxwell regarding the projected life of this bridge. Mr. Maxwell replied about 20 years. Councilmember Taylor stated he would like someone to ask the developer on the south side, if they would like to participate, especially if it is worth it to them to see something nice. Mayor Kelly stated it should be discussed with the proposed developer to the south in Bedford. Councilmember Hall stated the entry marker styles could be incorporated. City Engineer Hutt replied yes, they are considering this bridge to help with the entry marker. Councilmember Muhm questioned staff regarding if there are funds. City Manager Jennifer Fadden explained it is not in the entryway marker budget, but she believes it is in this project budget. Councilmember Taylor stated he would like to further discuss the entryway markers and some unfinished items on the existing entryway signs. Councilmember Taylor questioned staff regarding “no truck” signs. Director Lowry replied Cheek-Sparger Road is the designated truck route through Colleyville. City of Colleyville Page 7 City Council Minutes March 5, 2013 Councilmember Taylor questioned staff if this project has gone to bid. City Engineer Hutt replied it has not. Councilmember Taylor questioned staff regarding the time frame. City Engineer Hutt replied the construction documents are being finalized and the project will then go to bid. City Manager Jennifer Fadden explained it will take 60 days to move through the bid process. Councilmember Taylor stated having concerns if this project will be able to break ground come June 1 so the road may be closed during the summer months. City Engineer Hutt replied the Jackson Road closure will be at the discretion of the contractor. He will have 150 days to complete the construction and of those, he has 60 days to close Jackson Road. Councilmember Muhm stated he would like some discretion as to when the road is closed. Mayor Kelly stated he would like for the contractor to have the flexibility, especially if it will help the contractor to finish earlier. Discussion occurred regarding school attendance for this area and the impact for school traffic if Jackson Road is closed. Councilmember Muhm questioned staff about the incentives. City Engineer Hutt stated staff is thinking about $1,000 a day, with a cap, but that he does not believe the contractor will reach the cap. Councilmember Muhm stated if the contractor finishes in 120 days, then they will receive approximately $30,000 for finishing earlier. City Engineer Hutt concurred. Councilmember Muhm stated that should encourage the contractor. Councilmember Short questioned staff regarding if the cap will be $30,000. City Engineer Hutt replied possibly $50,000, but that it has not been determined yet. Councilmember Wollin questioned staff regarding if there will be penalties for going over the 150 days. City Engineer Hutt replied yes. Discussion occurred regarding calendar days versus work days. City Manager Jennifer Fadden questioned City Council regarding if they would like further discussion on this item before the project goes out for bid. City Council agreed to move forward with the project. She further explained information may be sent to further explain some of the minor details to City Council, prior to the project going out for bid. City of Colleyville Page 8 City Council Minutes March 5, 2013 PC-3 Discussion of the March 5, 2013, City Council regular agenda items City Manager Jennifer Fadden explained the Somerset Manor City Developer Agreement and the requirements. Councilmember Hall questioned staff regarding which items will require a supermajority vote. City Manager Jennifer Fadden explained items 5a, and 5b will require a supermajority vote. Mayor Kelly explained the resolutions on the agenda will be heard first. Mayor Kelly adjourned the Pre Council meeting at 6:55 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on March 5, 2013, at 7:39 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, Interim Fire Chief Clif Nelson, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, 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. 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 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager 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 of Colleyville Page 9 City Council Minutes March 5, 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 551.074, Personnel, 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 6:55 p.m. and reconvened at 7:02 p.m. INVOCATION: Pastor Ricky Texada, Colleyville Covenant 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-13-3601 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 Proclamation in recognition of American Red Cross Month - Nancy Vanderschaaf, American Red Cross Volunteer Mayor Kelly presented a proclamation to Nancy Vanderschaaf, American Red Cross Volunteer, for American Red Cross Month – March. Ms. Vanderschaaf thanked the Mayor and City for the proclamation. Presentation of a donation to the Colleyville Public Library for the 2013 Summer Reading Program from The Robert J. & Helen H. Glaser Family Foundation in the amount of $10,000 - by the Colleyville Public Library Foundation, Cecilia Monacelli, President Cecilia Monacelli, President, and Board member Pat Jones, Colleyville Public Library Foundation, presented a $10,000 dollar donation to the Colleyville Public Library for the summer reading program. Library Director Mary Rodne thanked the Glaser Family Foundation for the donation and stated this family has contributed each year for the past 10 years. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3602 4a Approval of the minutes of the regular City Council meeting of February 19, 2013 Mayor Kelly read Resolution R-13-3602 in its entirety. City of Colleyville Page 10 City Council Minutes March 5, 2013 Mayor Kelly opened the public hearing at 7:49 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:49 p.m. Councilmember Wollin moved to approve Resolution R-13-3602. Mayor Pro Tem Hart seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-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 O-13-1864. Director Ruthven provided an update regarding this agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:51 p.m. Jimmy Fechter, project architect, and Gary Panno, applicant and property owner, came forward to present the case and brief the City Council. George Naftis, 4101 Buckingham Place, President of the Homeowners Association of The Hills of Central Park, stated the developer has worked out a compromise that is good for all, and he stated they support the request. Gail Wheaton, 3979 Witten Drive, spoke in support of this request and stated the developer has worked extremely hard with the neighbors. Edward Mackiewicz, 3957 Spring Garden Drive, spoke in support of this request. There was no one else present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:56 p.m. Councilmember Muhm stated being pleased the developer has worked with the neighbors on all sides. He questioned staff regarding the traffic study and having City of Colleyville Page 11 City Council Minutes March 5, 2013 concerns for the apex of the entrance/exit for the subdivision. Director Ruthven explained the entrance is right at the apex of the hill. Mayor Kelly concurred and stated it works well when the developer and neighbors work out the issues. Mayor Kelly moved to approve Ordinance O-13-1864 with addition that, along the north side, 23 evergreen trees shall be planted. Councilmember Hall seconded the motion. Councilmember Hall questioned staff regarding if the supermajority is still in effect since the HOA approves. Director Ruthven explained it is still in effect. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5b Ordinance O-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 O-13-1865. Director Ruthven stated the applicant was not able to be present this evening, therefore the applicant would like for City Council to continue this item. Mayor Kelly opened the public hearing at 9:00 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:00 p.m. Most City Council members concurred they could not support this request as submitted. Councilmember Hall moved to continue Ordinance O-13-1865 to the March 19, 2013 meeting. Councilmember Short seconded the motion. The motion to continue carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5c Ordinance O-13-1866 Consideration of a request for an amendment to the PUD-R-Planned Unit Development Residential zoning and development requirements on Tracts 1B, City of Colleyville Page 12 City Council Minutes March 5, 2013 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 O-13-1866. Director Ruthven provided an update regarding this agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 9:08 p.m. Brett Pedigo, Manna Land, applicant, provided an update regarding this agenda item and briefed the City Council. Paul Scales, representing St. Mary’s Church, 3801 Glade Road, spoke regarding some concerns for the driveway and buffering. There was no one else present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:16 p.m. Councilmember Muhm questioned staff regarding if the commercial properties are being considered this evening. Director Ruthven replied, other than the general layout, no. Councilmember Muhm questioned Mr. Pedigo regarding if any of the homes are going to be fire sprinkled. Mr. Pedigo replied no. Councilmember Muhm questioned staff regarding the one ingress/egress for the subdivision. Interim Fire Chief Clif Nelson replied we would request two points of ingress/egress. He further explained other types of defenses may be required. Councilmember Muhm questioned staff regarding what are the other types of defenses. Chief Nelson replied sprinkler systems would be one. Director Ruthven explained the entrance from Glade Road is an emergency entrance only for the subdivision. Mayor Kelly stated not understanding the purpose of limiting the development to having only an emergency entrance on Glade Road, especially if the intersection is busy, then the commercial property is limited. Mr. Pedigo stated once the commercial property is developed, there will be fire lanes around the buildings to always ensure two points of access to the residents. Mayor Kelly explained the code requirements will dictate the placement of the driveway entrances. City of Colleyville Page 13 City Council Minutes March 5, 2013 Councilmember Muhm stated he was not aware of the discussions with the entrances on Glade Road when the development was previously discussed and approved. Councilmember Taylor questioned Mr. Pedigo regarding the value of the residential properties on the southwestern side of the subject property. Mr. Pedigo replied if the commercial properties become too deep, and hidden from main access, they are not as viable; therefore the best and highest use is residential for that property. Councilmember Taylor stated having concerns for the non-access between the commercial properties themselves because of the drainage easement between them and creating multiple access points on Glade Road. He stated the main access should be from Heritage Avenue rather than Glade Road. He stated he wants the project to move along, but there needs to be more thought than to have the access on the hard corner. Mr. Pedigo stated they are not requesting the commercial aspects of this plan since those will go through a review process later. Councilmember Taylor stated they are simply trying to give him help since once this is seen, the people will expect this plan. Mayor Kelly stated the Land Development Code will dictate the curb cuts for those commercial properties. Director Ruthven concurred. Mr. Pedigo questioned City Council regarding if there could be a limited number of curb cuts written into the ordinance. He further explained they do not have a user for these commercial properties. He stated these are conceptual plans. Councilmember Taylor stated he wants the highest and best use for this property, however, he stated having concerns for multiple entrances on Glade Road. He further explained the flow of traffic needs to flow within the property itself. Councilmember Muhm concurred. Mayor Kelly questioned staff regarding how many curb cuts could be allowed on Glade Road given the Land Development Code requirements. Director Ruthven explained there could be three curb cuts. Mayor Pro Tem Hart questioned staff regarding if the emergency driveway will be used for entrance and exit from Glade Road. Director Ruthven explained this driveway will be set back from Glade Road, at the boundary of the residential development. Councilmember Muhm questioned Mr. Pedigo regarding if this development has always been considered as a gated community. Mr. Pedigo replied yes. City of Colleyville Page 14 City Council Minutes March 5, 2013 Mayor Kelly questioned staff regarding if the setbacks have changed at all. Director Ruthven replied no, and he further explained the two Planning Areas, A and B. Mayor Kelly questioned staff regarding if there is tree preservation in place. Director Ruthven replied yes. Councilmember Taylor stated the church is a heavier use than the residential use. Mayor Kelly questioned Mr. Pedigo regarding if he knows the adjacent church is very active, with outside events, activities, and so forth. Mr. Pedigo replied yes, they know and have actually planned for extra screening. Councilmember Taylor questioned Mr. Pedigo regarding if the south properties will be brought forward later. Mr. Pedigo replied they do not control the remaining portion of the properties, however, he explained they will come back with a revised site plan for the southern properties. Councilmember Muhm questioned Mr. Pedigo regarding if they are planning to develop the remaining properties. Mr. Pedigo replied he hoped so, however, there are multiple property owners involved. Mayor Kelly questioned staff regarding if all amendments have been included in the ordinance. Director Ruthven replied yes and he further explained the platting process. Councilmember Muhm questioned staff regarding if the commercial properties will have to be voted on separately with possible changes. Director Ruthven replied no, the only other approvals will be done by platting, and administratively by staff for construction, under the current ordinance. Councilmember Muhm stated the City Council will lose a lot of control over the commercial properties. Director Ruthven explained the commercial approval process and stated the uses will be dictated by the ordinance and the Land Development Code. He stated if the use requires a Special Use Permit they will need further approval by City Council. Mayor Kelly concurred. Councilmember Muhm stated being supportive of the residential uses, however he stated being concerned about the commercial side. Mayor Kelly moved to approve Ordinance O-13-1866. Councilmember Short seconded the motion. Councilmember Taylor stated he believes if the southwestern side residential lots were eliminated and incorporated within the commercial uses, the traffic flow will improve. Mayor Kelly concurred and stated the minimal curb cuts on Glade Road will City of Colleyville Page 15 City Council Minutes March 5, 2013 minimize the traffic impact. Councilmember Taylor stated the commercial uses are going to dictate the traffic. The motion to approve carried by the following vote: Aye: 5 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Stan Hall, Jody Short, and Mike Taylor Nay: 2 – Councilmembers Carol Wollin and Michael Muhm Mayor Kelly recessed the meeting at 9:46 p.m. Mayor Kelly reconvened the meeting at 9:56 p.m. 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-13-1867 Consideration of a request to rezone from R20-Single Family Residential to PUD-R-Planned Unit Development Residential on 12.0 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey, and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, Case ZC12-025 Mayor Kelly read the caption of Ordinance O-13-1867. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 10:05 p.m. Paul Spain, applicant and developer, came forward to present the case and brief the City Council. Lisa Pomroy, 4712 Behrens Road, spoke in opposition to the request with concerns for density and privacy. Jesse Cobb, 1508 Cherry Lane, spoke in opposition to the request with concerns for density and traffic. Sam Hatten, 5024 Stonebridge Drive, President of the Bridges of Riverwalk HOA, stated having concerns for drainage and traffic. Robyn Salter, 5005, 5009, 5011 Bluebonnet Drive, representing those property owners, spoke in opposition to this request with concerns for density. City of Colleyville Page 16 City Council Minutes March 5, 2013 Harold Whitten, 1209 Garry Lynne Drive, spoke in opposition to this request with concerns for drainage. Reta Sage, 5117 Stonebridge Drive, stated having concerns for drainage, traffic, and density. Jackie Gardner, 5017 Bluebonnet Drive, spoke in opposition with concerns for traffic and density. Matthew Quinn, 5020 Stonebridge Drive, spoke in opposition to this request with concerns for density, drainage, and traffic. Nancy Rogers, 1612 Cherry Lane, spoke in opposition to this request with concerns for traffic, drainage, and density. Stewart Harms, 5009 Stonebridge Drive, spoke in opposition to this request with concerns for drainage. Ray Dameron, 1600 Cherry Lane, spoke in opposition to this request with concerns for increased traffic on Bluebonnet Drive density, and drainage. Martha Dameron, 1600 Cherry Lane, spoke in opposition to the request with concerns for density, traffic, and drainage. Kathleen Hennessey, 5013 Stonebridge Drive, spoke in opposition to the request with concerns for density, and traffic. The following persons filled out a speaker card in opposition to this request, however did not wish to speak: Joseph and Charlene Palmieri, 5125 Stonebridge Drive; Sharon Albert, 5004 Rose Street; George and Bobbie Douglas, 1412 Cherry Lane; Lola Cobb, 1508 Cherry Lane; Dan Winters, 5013 Rose Street; Debbie Free, 5005 Stonebridge Drive; Bryan and Judy Berry, 5000 Stonebridge Drive; Peggy Pyland, 5104 Stonebridge Drive; Don Black, 5109 Stonebridge Drive; Jimmie Smith, 5028 Stonebridge Drive; Donna Bertram, 5108 Stonebridge Drive; Terry and Joyce Roland, 5004 Stonebridge Drive; Alan Caldwell, 5016 Stonebridge Drive; Linda Campanella, 5008 Stonebridge Drive; Sally Coleman, 5113 Stonebridge Drive; David Gardner, 5017 Bluebonnet Drive; H. Philip Clark, 5104 Rose Street; Karen Miesen, 5121 Stonebridge Drive; Jimmy Callahan, 5019 Bluebonnet Drive; Mary Callahan, 5019 Bluebonnet Drive; Christopher M. Babin, 1504 Glade Road; George and Jane Patch, Irwin Patch, Jr. and Emma Patch, 5144 Stonebridge Drive; Troy and Pam Marshall, 5021 Stonebridge Drive; Ava Fryer, 5129 Stonebridge Drive; Mark Seebeck, 5141 Stonebridge Drive; Lori Winters, 5013 Rose Street; Leon and Sharon Maxwell, 5137 Stonebridge Drive; and Zora Quinn, 5020 Stonebridge Drive. There was no one else present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 11:14 p.m. City of Colleyville Page 17 City Council Minutes March 5, 2013 Mayor Kelly questioned staff regarding if the property is currently zoned R20-Single Family Residential. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if homes were constructed with the R20 zoning district requirements, would there be a 20 percent open space requirement. Director Ruthven replied no. Mayor Kelly questioned staff regarding how many residential lots could be put in with the current R20 zoning. Director Ruthven replied approximately 23 residential lots with a street down the middle of the development. Mayor Kelly questioned staff regarding if there are different proposals and what is the density for it. Director Ruthven replied the density on the alternative proposal would be 3.2 units per acre. Mayor Kelly questioned staff regarding the density at the Bridges at Riverwalk development. Director Ruthven replied three units per acre. Mayor Kelly questioned staff regarding if the commercial component for the Bridges at Riverwalk development was considered in the calculation for density. Director Ruthven replied yes. Mayor Kelly questioned staff regarding what the density would be if the commercial component was not included. Director Ruthven replied it would be 3.8 units per acre however, using the Land Development Code method to calculate density; it would be 6.7 units per acre, not including the commercial properties. Mayor Kelly questioned staff regarding if a drainage plan would be required for the R20 zoning district. Director Ruthven replied it would not be required at the time of zoning however, at the time of platting the properties there may have to be one done, depending on how the property is subdivided. Mayor Kelly questioned staff regarding if the drainage plan would have to be as detailed. Director Ruthven replied it would be handled on a case by case basis depending on how it is subdivided. Councilmember Muhm questioned Mr. Spain regarding the reason for a revised site plan, with 48 lots, but then there is an alternative at 38 lots; do you want one over the other? Mr. Spain replied he is able to deal with either. He stated he has had several engineers look at the plans, and they have approved them. Councilmember Muhm questioned Mr. Spain regarding the lots facing Bluebonnet Drive and the garages. Mr. Spain stated those lots will have swing garages so that those people are not backing out onto Bluebonnet Drive. City of Colleyville Page 18 City Council Minutes March 5, 2013 Councilmember Muhm questioned Mr. Spain regarding the lot size. Mr. Spain replied they will be similar to the smaller lots on Bluebonnet Drive, the 10,000 square foot lots; these will be 8-9,000 square feet. Councilmember Muhm questioned the home square footage. Mr. Spain replied 3,000 to 3,200 square feet. Councilmember Muhm questioned Mr. Spain regarding if the open space is 20 percent. Mr. Spain replied it is actually a little more than 20 percent with the open space now along Bluebonnet Drive. Councilmember Muhm questioned Mr. Spain regarding what he is developing in Southlake. Mr. Spain replied 15,000 square foot lots are being developed by himself in Southlake however; they do not have small lots adjacent like the Bridges at Riverwalk. Councilmember Muhm questioned staff regarding if the architecture will be similar to the Riverwalk homes. Mr. Spain replied yes, and there are deed restrictions for the standard of homes. Councilmember Muhm questioned staff regarding what is the philosophy on building this out. Mr. Spain replied they want something that is very appealing and special. He stated they are trying to work with the transitions in this area. He stated they love the trees along Glade Road. Councilmember Muhm questioned Mr. Spain regarding if this will be gated. Mr. Spain replied yes. Councilmember Muhm questioned staff regarding the plans for Bluebonnet Drive. Director Ruthven replied Bluebonnet Drive is a local street on the Master Thoroughfare Plan, and it does not have extra right-of-way. He stated he did not believe it is on any future CIP projects. Councilmember Muhm questioned staff regarding if curb and gutter will be installed and what will happen to the road. Director Ruthven replied it has not been written into the ordinance. He stated they may have to construct their half of Bluebonnet Drive or escrow those dollar amounts. Councilmember Muhm questioned staff regarding what is meant by “their half”? Director Ruthven explained there are half developed streets in which the developer has improved and City Developer Agreements are in place to address those issues. Councilmember Muhm questioned staff regarding if there are any impacts (limits) with the Bluebonnet Drive and Glade Road intersections. Public Works Director Bob Lowry replied in order to solve the intersection, it is necessary to lower Glade Road approximately five feet. Likewise, Bluebonnet Drive would have to be lowered as City of Colleyville Page 19 City Council Minutes March 5, 2013 well. He stated this proposed development would be far enough back to meet the requirements of this intersection. He stated some retaining walls may need to be constructed, but until the design is done, it is hard to see and that it may be good to do with either proposal. Mayor Kelly stated the City Council may need to decide which proposal they wish to pursue, the 48 lots or 38 lots. Councilmembers Taylor, Wollin, and Muhm stated being in favor of the 38 lots. Councilmember Short stated being in favor of either. Mayor Kelly stated he opposed the homes facing Bluebonnet Drive. Councilmember Taylor stated being opposed to the 48 lot plan. Councilmember Wollin questioned staff regarding if subdivisions with 12 or more lots in it should have more than one entrance, and noted, this development only shows one entrance. Director Ruthven explained the second entrance would be an emergency access gate which is adjacent to the Justice Center property. Councilmember Muhm questioned staff where that particular emergency entrance will end. Director Ruthven replied the Justice Center parking lot area. He further explained an emergency access easement would have to be dedicated through a City Developer Agreement. Councilmember Taylor stated this is a starting point. He stated not being opposed to it matching up at the Bridges development. He stated when that development came in there was a lot of discussion about it as well. He stated this is a transition area but stated he does not want the third row of houses, especially with the intersection improvements to be done at Glade Road and Bluebonnet Drive. He stated there are drainage issues to be addressed, and he would like to make sure the water issue at Riverwalk and Glade Road is improved. Mayor Kelly stated there are detention/retention ponds along Riverwalk next to Lifetime Fitness and the Riverwalk development. Director Ruthven concurred. Mayor Kelly questioned staff regarding if there is an underground pipe, under Glade Road, for the commercial development at the northwest corner of Riverwalk and Glade Road; or does this pond retain the water. Director Ruthven replied the outfall goes underneath Glade Road onto the south side of Glade Road. Mr. Spain stated the detention/retention ponds in this development are designed to slow the water flow so that it does not dump heavily into one area. Councilmember Hall questioned Mr. Spain regarding if they currently own the property. Mr. Spain replied they have a contingency on the property. Councilmember Hall questioned Mr. Spain regarding if the 38 lot site plan is acceptable. Mr. Spain replied yes. City of Colleyville Page 20 City Council Minutes March 5, 2013 Councilmember Hall questioned Mr. Spain regarding if a 20 lot site plan would be acceptable. Mr. Spain replied no, they could not make money with 20 lots. Mayor Kelly questioned staff regarding how many homes are in the Bridges development. Director Ruthven replied 33 homes. Mayor Kelly questioned staff regarding how many homes could have been added if there was not a commercial component in the Bridges development. Director Ruthven replied potentially eight more homes. Councilmember Hall stated it has been mentioned by the Public Works Department the redesign of Glade Road and Bluebonnet Drive may require the road to be lowered and given that, the open space area would not be seen from that intersection. He stated having concerns for the homes fronting Bluebonnet Drive but that it is not intended to be a thoroughfare. He stated he would like to see if the developer could work with only 20 lots. Discussion occurred between Councilmember Taylor and Mr. Spain regarding the topography of the property with the lot layout. Councilmember Muhm stated, for the next public hearing, he would like to see sketches depicting what is currently in place versus how it will look when it is developed. He stated he would like Mr. Spain to concentrate on the 38 lot site plan and explain the features of this layout as well. Councilmember Wollin stated the alternate site plan has less trees being preserved along Glade Road, which is a concern for her. Mayor Kelly questioned Mr. Spain regarding if the neighbors have seen this alternate plan. Mr. Spain stated he mailed this information to the neighbors on the notification list. Councilmember Hall questioned staff regarding how many homes could be constructed with the R20 zoning. Director Ruthven replied approximately 20 lots. Councilmember Hall stated if the zoning where to stay in place, the drainage may stay the same. Mayor Kelly concurred. Councilmember Taylor stated there may need to be two lots eliminated along the south end, which will include more open space. He further stated this is a problematic piece of property. Councilmembers suggested Mr. Spain reduce the density, preserve more trees, eliminate the access to the Justice Center, maybe line up the street with Cherry Lane, and realign the northern most lot (adjacent to the Justice Center). City of Colleyville Page 21 City Council Minutes March 5, 2013 6b Ordinance O-13-1868 Approval of amendments to the Future Land Use Map of the Colleyville Master Plan for 12.0 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey, and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, from an Office Land Use Designation to a Single Family Land Use Designation Mayor Kelly read the caption of Ordinance O-13-1868. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 11:59 p.m. Leon and Sharron Maxwell, 5137 Stonebridge Drive, filled out a speaker card in opposition but did not wish to speak. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 11:59 p.m. 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. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3603 Approval of a resolution rescinding Resolution R-13-3600 Mayor Kelly read Resolution R-13-3603 in its entirety. City Manager Jennifer Fadden presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 7:52 p.m. Dave Dudziak, 2301 Wilkes Court, presented documents regarding Kimzey Park and stated he would like for the subject property at 7201 Colleyville Boulevard to be dedicated as park land. There was no one else present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:57 p.m. Councilmember Taylor moved to approve Resolution R-13-3603. Councilmember Wollin seconded the motion. City of Colleyville Page 22 City Council Minutes March 5, 2013 The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Councilmember Taylor expressed his wishes to have Mr. Dudziak’s documents scanned so that the City would then have those copies. 7b Resolution R-13-3604 Approval of a City Developer Agreement for the Somerset Manor Addition located in the 1200 block of Murphy Road, and authorizing the city manager to execute the agreement, Case GC13-003 Mayor Kelly read Resolution R-13-3604 in its entirety. Community Development Director Ron Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:04 p.m. Mark Harris, Kimley Horn and Associates, came forward to present the agenda item and brief the City Council. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:05 p.m. Mayor Kelly questioned staff regarding if the recommendation is to credit each home to be constructed, the cost of the roadway impact fees. Director Ruthven replied yes. Councilmember Muhm questioned staff regarding if the road will be constructed of concrete and up to current standards. Director Ruthven replied yes. Councilmember Muhm questioned staff regarding what is going to be done on the north side, the 10 foot concrete trail? Director Ruthven replied the developer is proposing to construct the trail along the north boundary, and only along the portion of this development. Mayor Kelly stated, if perhaps, the road is less than $296,000, the credit would only be up to that expenditure. Director Ruthven replied yes. Mayor Kelly moved to approve Resolution R-13-3604. Councilmember Short seconded the motion. Councilmember Muhm questioned staff regarding how the accounting audit function works on something like this. Director Ruthven replied the developer will have to City of Colleyville Page 23 City Council Minutes March 5, 2013 provide detailed engineering drawings and the City will then inspect and have detailed documentation throughout the process. Mayor Kelly questioned staff regarding if the construction documents have been reviewed by staff and the cost estimates have been considered. Director Ruthven replied yes. City Manager Jennifer Fadden explained the builder will be reimbursed as building permits are pulled. She stated it could take some time for the developer to be credited. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 7c Resolution R-13-3605 Approval of a final plat for 16.8 acres on Lot 1A, Block 1, of the River Valley Ranch Addition and Lot 1B1, Block 1, of the Tate Addition located in the 1200 block of Murphy Road, Case PC12-022 Mayor Kelly read Resolution R-13-3605 in its entirety. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:11 p.m. Mark Harris, Kimley Horn and Associates, came forward to present the agenda item and brief the City Council. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:11 p.m. Councilmember Muhm questioned staff regarding the difference between the preliminary plat and the final plat. Director Ruthven replied the difference is that the final plat actually gets filed in the County. Councilmember Muhm questioned staff regarding the open space area percentage. Director Ruthven explained the open space percentage is 20.3 percent. Councilmember Muhm questioned staff regarding if the open space percentage is backed out, what is the density? Director Ruthven replied the density is four units per acre. Councilmember Muhm questioned staff regarding why some homes are going to have fire sprinklers versus the ones who will not. Director Ruthven replied some of the City of Colleyville Page 24 City Council Minutes March 5, 2013 homes are in the far back portion of the subdivision which require the fire sprinklers versus the lots closer to the entrances and exists to the subdivision. Councilmember Muhm questioned Mr. Harris regarding the projected timeframe to start. Mr. Harris replies as soon as the early grading permit is obtained, maybe within the next week or so. Councilmember Muhm questioned Mr. Harris regarding the price ranges. Mr. Harris replied mid $300,000 and above. Councilmember Hall questioned staff regarding the density of dwelling units per acre, a standard? Director Ruthven replied the Master Plan recommends an overall City density of 1.8 units per acre. He stated the Master Plan does not have a specific density level. Mayor Kelly questioned staff regarding the density. Director Ruthven explained the density for this development is four units per acre, per the Master Plan, however, as determined by the Land Development Code, this development will be 7.3 units per acre. Councilmember Hall stated excluding Spring Gardens, this will be the densest neighborhood. Director Ruthven stated Spring Gardens, as calculated by the Land Development Code would be 16 units per acre. Councilmember Hall stated there seems to be a lot of homes on this plat. Mayor Kelly questioned staff regarding the plat requirements. City Attorney Matthew Boyle stated if this plat meets all ordinance and subdivision requirements, the plat must be approved. Mayor Kelly moved to approve Resolution R-13-3605. Mayor Pro Tem Hart seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 7d Resolution R-13-3606 Consideration of a request for a Temporary Use Permit in order to conduct an outdoor concert on March 30, 2013 located at 6000 and 6100 Colleyville Boulevard, Case GC13-004 Mayor Kelly read Resolution R-13-3606 in its entirety. City of Colleyville Page 25 City Council Minutes March 5, 2013 Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:27 p.m. Steve Griffith, 6008 Ponderosa Lane, stated he is fine with the event, however, he stated he wants the plan to remain in place and no parking or portable toilets to be placed at the rear of the building. Councilmember Muhm questioned staff regarding if the entrance to the shopping center will be open. Director Ruthven replied yes. Councilmember Muhm questioned staff regarding the stage direction. Director Ruthven replied the northern direction of SH26. Councilmember Muhm stated having concerns for the crossing of pedestrians in the entrance/exit of the shopping center, and stated having concerns for the layout. James Westbrook, applicant, 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 8:29 p.m. Councilmember Muhm questioned Mr. Westbrook regarding the placement of the food trucks. Mr. Westbrook explained the placement of the stage and it will face away from the traffic. He stated not having an issue with moving the food trucks. Councilmember Muhm questioned Mr. Westbrook regarding the charity event. Tracy Westbrook, Home Theatre Technologies, explained Operation Home Front is the name of the charity, and it is an organization that benefits servicemen and women and their families who are currently dealing with deployment or who are recovering from injuries and assistance with those items. She stated Operation Home Front will be attending the event and will be seeking donations from the participants. Mayor Kelly stated the portable toilets will need to be added to the site plan. Mr. Westbrook stated he would add them to the site plan and they will be removed from the site quickly after the event. Councilmember Taylor stated the decibel levels are currently 70 in here. He stated having concerns with being restrictive on a concert of any kind. Director Ruthven stated he has done some research on concerts and stated the threshold is 65 decibels therefore, that may be a more reasonable level. Mayor Kelly stated the buildings are going to be a sound barrier between the concert and the residents. Mr. Westbrook explained the intent is not to be a nuisance; he stated anything over 82 decibels would be a nuisance. City of Colleyville Page 26 City Council Minutes March 5, 2013 Mayor Kelly questioned staff regarding the minimum level requirement. Director Ruthven stated 65 decibels, on average, would be an acceptable level. Councilmember Wollin noted the portable toilets shall be removed within 24 hours of the event, however, it does not state when they will be delivered. Mr. Westbrook stated he would target about two hours prior to the event. Director Ruthven stated the day of the event. Mayor Kelly moved to approve Resolution R-13-3606 with the following amendments: 1); no more than four food trucks; 2) the portable toilets shall be delivered the day of the event; 3) the average decibel level shall be 65 decibels; and 4) the administrative officer shall sign off on the final site plan. Councilmember Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 7e Resolution R-13-3607 Approval of a resolution to support the Grapevine-Colleyville Independent School District and encourage the Texas Legislature to provide adequate funding for public education Mayor Kelly read Resolution R-13-3607 in its entirety. City Manager Jennifer Fadden presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:42 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:42 p.m. Councilmember Muhm stated he approves of the spirit of the resolution however, he is not in support of everything about it, especially the private school portion. Councilmember Hall stated we are only approving the wording in the presenting resolution. City Manager Jennifer Fadden concurred. Councilmember Hall moved to approve Resolution R-13-3607. Mayor Kelly seconded the motion. Councilmember Taylor stated he concurred with Councilmember Muhm and stated it is important to support the education system to move the financing ball. City of Colleyville Page 27 City Council Minutes March 5, 2013 Councilmember Wollin stated it is important to have the adequate funds for education and to have local control. Mayor Kelly stated $28 million dollars is going to the State of Texas and over the course of the Robin Hood Act, a half a billion dollars of your tax dollars is being sent to the State. He explained the schools cannot run on the funds being budgeted because of the State cuts. He encouraged the citizens to contact the State Representatives to address these issues. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Jamie Keeling, 6904 Longwood Drive, had filled out a speaker card regarding this item but was not present to speak. Aaron Sallee, 6905 Longwood Drive, spoke regarding the potential sale of the property located at 7201 Colleyville Boulevard. He further stated the land should be named Longwood Park or Ross Downs Park. 9. REPORTS Colleyville Library Board Minutes - November 12, 2012 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR March 5, 2013, - Reading and Public Hearing - Resolution R-13-3608 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Councilmember Muhm moved to adjourn, and Councilmember Wollin seconded the motion. The motion carried with the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor City of Colleyville Page 28 City Council Minutes March 5, 2013 Mayor Kelly adjourned the City Council meeting at 12:05 a.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 19TH DAY OF MARCH 2013. Minutes taken and prepared by: Amy Shelley City Secretary City of Colleyville Page 29