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Colleyville, Texas 76034
Agenda 817. 503.1000
F: x www.colleyville.com
Tuesday, March 19, 2013 City Council Chambers
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
PC-1 Presentation and discussion of landscaping and hardscaping throughout the
City of Colleyville
PC-2 Update and discussion of the job classification and compensation study
PC-3 Presentation and update regarding the Quiet Zones on the Cotton Belt
Railroad
PC-4 Discussion of the designation of park land for the Longwood Property
PC-5 Presentation of the Monthly Financial Report - February 2013
PC-6 Discussion of the March 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 - 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
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City Council Agenda March 19, 2013
RESUME REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Reverend Kaiya Kershaw, First United Methodist 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-13-3609
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
In recognition of Colleyville's featured business - Unique Landscaping,
7111 Colleyville Boulevard, Kurt and Donna Kauffman, owners - Mayor
David Kelly and Economic Development Director Marty Wieder
Recognition of employees' years of service
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3610
4a Approval of the minutes of the regular City Council meeting of March 5,
2013
4b Approval of the minutes of the Joint City Council and Planning and
Zoning Commission Worksession of March 7, 2013
4c Approval of an Engineering Services Agreement with CTC, Inc., in an
amount not to exceed $321,803.50, for the design of Supplemental
Safety Measures (SSMs) for at grade crossings on the Cotton Belt
Railway at Bransford Road, Pleasant Run Road, and John McCain Road,
to allow the Federal Railroad Administration (FRA) to designate those
locations as quiet zones, and authorize the city manager to execute the
agreement
City Council Agenda March 19, 2013
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance 0-13-1867
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
5b Ordinance 0-13-1868
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
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a Ordinance 0-13-1869
Approval to declare unopposed candidates in the May 11, 2013, General
Election elected to office and canceling the election
7. ORDINANCE(S) CONTINUED: READING AND PUBLIC HEARING
7a 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
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
9. REPORTS
Colleyville Sidewalks Committee Minutes - July 10, 2012
Colleyville Center Advisory Committee Minutes - November 26, 2012
Colleyville Events Steering Committee Meeting Minutes - January 23, 2013
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR March 19,
2013 - Reading and Public Hearing - Resolution R-13-3611
City Council Agenda March 19, 2013
11. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, March 15,
2013, by 5:00 p.m.
1111P1
Amy ek e- ey /
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 v City Hall
COL YVVIILLE City Council 100 Main Street
Colleyville, Texas 76034
Minutes 817. 503.1000
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Tuesday, March 19, 2013 City Council Chambers
Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to
order on March 19, 2013, at 5:33 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tern Tom Hart and Councilmembers
Carol Wollin, Stan Hall, Michael Muhm, Jody Short, and Mike Taylor were present.
City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, 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, Human Resources Director Michelle Reyes, Human
Resources Analyst Jesse Perez, Colleyville Center Manager Leslie Hill, Public Works
Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines,
Community Development Director Ron Ruthven, 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.
PC-1 Presentation and discussion of landscaping and hardscaping throughout the
City of Colleyville
Public Works Director Bob Lowry discussed the landscaping and hardscaping
throughout the City of Colleyville. Michael Black with la terra studio, provided a
presentation on various landscaping concepts and designs.
Councilmember Wollin questioned Mr. Black regarding if drip irrigation may be used.
Mr. Black replied yes, but the maintenance product will be incorporated at the time
of design.
Councilmember Taylor stated landscaping will vary throughout the City, especially on
Colleyville Boulevard were the business visibility is more important. Councilmember
Muhm concurred.
Mayor Kelly stated landscaping may be tailored all over Colleyville.
Councilmember Taylor stated there will need to be a balance between the residential
areas versus the commercial areas. Mr. Black concurred.
Councilmember Wollin stated it is important to have texture and variety, to be
appealing to the eye, and incorporate items which are low in maintenance.
City Council Minutes March 19, 2013
Councilmember Hall questioned if there will be landscaping in the center of
Colleyville Boulevard (SH26). Mayor Kelly replied there will be some opportunities
for landscaping along SH26.
Councilmember Muhm questioned staff regarding if the typical landscaping will occur
along SH26. Director Lowry stated plantings will be limited along SH26 because of
TxDOT's requirements.
Councilmember Muhm questioned staff regarding if the hardscapes, similar to what
Grapevine is doing, will be the standard for landscaping along state highways.
Director Lowry replied yes.
Mayor Pro Tern Hart questioned Mr. Black regarding if TxDOT will allow trees. Mr.
Black replied typically they will not.
Mayor Kelly stated the branches cannot go past the medians.
Mayor Pro Tem Hart questioned Mr. Black regarding if TxDOT will allow boulders. Mr.
Black replied typically they will not.
Councilmember Muhm questioned Mr. Black regarding where these types of things
allowed, if they are not allowed on SH26. Mr. Black replied the photos presented this
evening are simply examples of landscaping, but portions of each photo will work on
various sites.
Mayor Pro Tern Hart stated heat and drought tolerant plants are important.
Councilmember Taylor questioned staff regarding what can be done in other parts of
Colleyville, other than SH26. Director Lowry replied the median portion of SH26 is
only one part of the landscaping puzzle; there are other parkways and curbs in which
to incorporate. Mr. Black stated he did not want to focus on Colleyville Boulevard,
since TxDOT has more control over it than the City. He further stated they will
incorporate approved landscaping along SH26 as TxDOT allows.
Councilmember Hall questioned staff regarding if this landscaping design has been
incorporated in the contract for the Glade Road study. City Manager Jennifer Fadden
replied no.
Councilmember Hall stated he could see areas landscaped like the existing areas on
Glade Road, however, stated he knows those same types cannot be used on SH26.
Mayor Kelly stated there needs to be a common theme with adjustments throughout
the City.
Councilmember Hall stated low maintenance plantings are important. He stated
boulders and such may be used, but limited.
City Council Minutes March 19, 2013
Councilmember Wollin stated regular grass requires a lot of maintenance.
Councilmember Taylor stated the intersection areas need to be of concentration for
this discussion. He stated he did not want to distract from the resident's
landscaping.
Mayor Kelly stated la terra needs an overall theme to be able to bring back
something to update City Council.
Councilmember Taylor questioned Mr. Black regarding what other projects they have
done for Colleyville. Mr. Black replied the Riverwalk landscape plan and some park
work at McPherson.
Councilmember Muhm stated he would like to see some examples of the landscaping
that has already been done in Colleyville. He stated it would be easier for him to see
these, if they were applied to a Colleyville landmark.
Mayor Kelly questioned City Council regarding if they are willing to accept a higher
initial cost. Councilmembers concurred.
Councilmember Taylor stated all citizens will benefit from these landscaped areas.
Mayor Kelly stated there may be areas, such as the major gateways to the City,
which may cost more.
Councilmember Muhm stated there has been a huge investment made into the
landmark signs, therefore they need to be an extreme focal point.
Mayor Kelly questioned City Council regarding if hardscaping is acceptable to be
incorporated. Councilmembers concurred but some stated limiting the hardscaping.
Mayor Kelly questioned City Council regarding if berming is acceptable to be
incorporated. Councilmembers concurred.
Councilmember Taylor stated having an issue with not being able to see oncoming
traffic. Councilmembers concurred.
Mayor Kelly questioned City Council regarding if evergreen trees are preferred versus
flowering trees. Councilmembers concurred. Mr. Black stated he will bring back a
variety of trees.
Councilmember Wollin stated evergreens do need to be incorporated for interest.
Councilmember Taylor stated we need to keep the same people making the
presentations, and completing the projects, so that a natural theme is consistent.
City Council Minutes March 19, 2013
Councilmember Muhm stated the two contractors for the Glade Road and SH26
projects need to be engaged with the landscape design.
City Manager Fadden stated la terra will provide a maintenance component to the
design. Director Lowry replied maintenance is a large aspect for this design.
PC-2 Update and discussion of the job classification and compensation study
Human Resources Director Michelle Reyes introduced Bruce Lawson, Managing
Director, and Sandra Spellman, Senior Consultant, of Fox Lawson & Associates, to
discuss the job classification and compensation study.
Councilmember Muhm questioned staff regarding if the prior, 2006 study has been
used. Director Reyes replied yes.
Councilmember Muhm questioned staff regarding how worthwhile is the current
system. Director Reyes replied the system built in 2006 was applicable to what had
been requested at the time. She further stated it is somewhat cumbersome and
stated they are requesting something more flexible.
Councilmember Taylor questioned staff regarding where is the information obtained
for the chart listed in the briefing. Director Reyes replied the information gathered
from the salary survey completed by the human resources department.
Councilmember Taylor stated it is hard to believe that in a three year period, staff
has come from a quarter of the employees being below market to over half of the
employees are below market.
Councilmember Muhm questioned if those one time payments have been included in
the salary. Director Reyes replied no. She stated this study will look at the salary
ranges as compared to the actual salary in surrounding cities.
Councilmember Muhm questioned staff regarding if other cities have been adding to
their base and moving their salary structures. Director Reyes replied yes.
Councilmember Hall questioned staff regarding if the compression issue addressed
last year for the police department, has that been included? Director Reyes explained
the survey has not been conducted since the compression had been addressed.
Councilmember Taylor questioned staff regarding why the study is being conducted
prior to a new survey, especially with the changes that have already been made.
Director Reyes stated there are challenges with the current system that will be
addressed with this study.
City Council Minutes March 19, 2013
Mayor Kelly stated staff is trying to be proactive to have a compensation philosophy
to move forward. He stated the compression done with the police department was
reactive.
Councilmember Muhm stated it is important to have a compensation structure which
makes sense. He further stated the funding side of this is a huge part. Mayor Kelly
concurred and stated the commitment portion is just as big.
Councilmember Short stated this study would need to be done even if we were at
100 percent of market.
Councilmember Muhm stated the seven cities and the private sector information is
important to have. He stated the entire benefit package has to be considered and be
a fair compensation structure.
Councilmember Wollin stated she would like to look outside of this area, the seven
cities, plus cities similar to us in size.
Councilmember Hall stated it is important to attract and keep the best and stated he
would like to see what the cost is for 75 percent of market.
Councilmember Muhm questioned staff if it has ever been discussed to be at 50
percent of the market. Mayor Kelly replied no, we are trying to get the philosophy
structure.
Councilmember Hall stated he would like to see a draft for each job category
comparing the tenure versus compensation.
Councilmember Muhm stated it will almost be a step system. Mr. Lawson explained
the theory behind the compensation ranges.
City Manager Jennifer Fadden explained the City does not have a longevity based
compensation system; we have a performance based system.
Mayor Kelly questioned staff regarding if we are currently at the mid-point per the
2006 study. Director Reyes replied currently it is 50 percent of the seven cities
studied. Mr. Lawson further explained the mid-point and the market rate.
Councilmember Hall questioned staff regarding if there is a high turnover at the 50
percent. Director Reyes replied there were 28 people who left.
Councilmember Taylor questioned staff regarding if those were retired persons or
resignations. Director Reyes replied eight people retired and 16 people resigned.
Councilmember Muhm questioned staff regarding how many of those persons left the
police department. Director Reyes replied six.
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City Council Minutes March 19, 2013
Councilmember Taylor stated the numbers become unbalanced if you have
employees who are not performing and are not getting increases in pay because of
it. He stated the same is true with other cities, especially the cities that we use to
compare; the numbers become unbalanced with the market but it is because of the
employees who are not performing.
Councilmember Taylor questioned Mr. Lawson if the Council of Government's data is
used. Mr. Lawson replied they will use some published data, especially on the public
sector, but most private sector information relates to the public sector, such as
finance and human resources.
Mayor Kelly questioned staff regarding the competitiveness of the market and if we
are seeing issues with our current system. Director Reyes stated it is becoming very
difficult to get qualified applicants for open positions. She stated some people who
have left, state the pay is an issue.
Councilmember Muhm stated 50 percent is a good place to start. Mr. Lawson stated
the survey is going to show where the organization is currently placed.
Councilmember Short questioned staff regarding the screening process, how the
"star performers" are determined. Mayor Kelly stated there is always a balancing act
with performance versus pay.
Councilmember Muhm stated it is important to be able to manage the staff so that if
you have a top performer then maybe they can be paid at the top level.
Councilmember Short stated if we are able to identify those star performers then we
should be able to pay them for it and select people at a reasonable rate.
Councilmember Hall stated he would like to see the cost in which, it would take to
raise it to the 75 percent.
Mayor Kelly stated it is important to maintain the 50 percent, at or below.
Councilmember Taylor stated he does not want to raise all of the other cities
salaries. Mayor Kelly stated it is much larger than that; our community demands a
high level of service.
Councilmember Taylor stated if there is a need, he wants to know that it can be
addressed.
Councilmember Muhm stated compensation is part of the equation and people will
not just stay because of the money.
City Council Minutes March 19, 2013
Councilmember Taylor stated employees like to have the best equipment to help
them do their job and provide those services.
PC-3 Presentation and update regarding the Quiet Zones on the Cotton Belt Railroad
Public Works Director Bob Lowry discussed the Quiet Zones on the Cotton Belt
Railroad.
Councilmember Muhm questioned staff regarding if there will be quad gates at John
McCain. Director Lowry replied no.
Councilmember Muhm questioned staff regarding if the City's portion will be less
than 20 percent. Director Lowry replied the total cost will be less than the funding
available.
Councilmember Taylor questioned staff regarding if this will negate the quiet zone.
Director Lowry replied the quiet zones are implemented by several different
measures.
Councilmember Hall questioned staff regarding the trail. Director Lowry explained
the trail construction and who will be funding it.
Councilmember Wollin stated having concerns for whether they "may" or "shall"
sound the horn if there are quiet zones in place. Director Lowry stated there is no
way to enforce it. Mayor Kelly stated they are now required to sound their horn, but
in the future they will not be required to sound it.
Mayor Pro Tern Hart questioned staff regarding if the entire stretch of track in
Colleyville will be in a quiet zone. Director Lowry replied yes.
Councilmember Short questioned staff regarding if the City will be paying any of this.
Director Lowry stated there is a 10 percent contingency if the railroad adds any
unforeseen items.
Mayor Kelly stated the City is allocating funds for item 4c, however the City will be
reimbursed.
Councilmember Muhm questioned staff regarding if there will be issues with the
reimbursement. Director Lowry replied The T has budgeted that amount to refund
the City.
PC-4 Discussion of the designation of park land for the Longwood Property
This item was not discussed. It will be placed on the April 2, 2013 agenda.
PC-5 Presentation of the Monthly Financial Report - February 2013
City Council Minutes March 19, 2013
This item was not discussed. It will be placed on the April 2, 2013 agenda.
PC-6 Discussion of the March 19, 2013, City Council regular agenda items
Mayor Kelly adjourned the Pre Council meeting at 7: 12 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor Kelly
on March 19, 2013, at 7:13 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tern Tom Hart and Councilmembers
Carol Wollin, Stan Hall, Michael Muhm, Jody Short, and Mike Taylor were present.
City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, 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 551.072 - 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 7:13 p.m. and
reconvened at 7:46 p.m.
INVOCATION: Reverend Kaiya Kershaw, First United Methodist Church
City Council Minutes March 19, 2013
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-13-3609
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Mayor Kelly announced the 7th Annual Candy-Free, Hoppin' Good Egg Hunt is
scheduled Saturday, March 23, at the Village at Colleyville. The Village is located at
Colleyville Boulevard and Main Street. Activities take place in the green space in
front of the library (110 Main Street). Hours are 10:00 a.m. until noon.
The free event is geared to children ages 12 and under. Hunts are divided by age
groups. A certain bunny will be the guest of honor and activities are planned for the
entire family. Bunny photos will be available for a small fee. There will also be
bounce houses, a balloon artist, face painters, a petting zoo, and lots of bunny-
licious activities.
For additional information, please call 817.503.1180.
In recognition of Colleyville's featured business - Unique Landscaping, 7111
Colleyville Boulevard, Kurt and Donna Kauffman, owners - Mayor David Kelly
and Economic Development Director Marty Wieder
Mayor Kelly and Economic Development Director Marty Wieder recognized Unique
Landscaping owners, Kurt and Donna Kauffman. Mr. and Mrs. Kauffman explained
their business and their philosophy.
Recognition of employees' years of service
Mayor Kelly recognized Office Assistant Chris Andersen; Marketing Coordinator Heather
Gaven; Human Resources Analyst Jesse Perez; Library/Parks and Recreation Director Mary
Rodne; and Operations Lieutenant Hillary Wreay for their years of service.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3610
4a Approval of the minutes of the regular City Council meeting of March 5,
2013
City Council Minutes March 19, 2013
4b Approval of the minutes of the Joint City Council and Planning and
Zoning Commission Worksession of March 7, 2013
4c Approval of an Engineering Services Agreement with CTC, Inc., in an
amount not to exceed $321,803.50, for the design of Supplemental
Safety Measures (SSMs) for at grade crossings on the Cotton Belt
Railway at Bransford Road, Pleasant Run Road, and John McCain Road, to
allow the Federal Railroad Administration (FRA) to designate those
locations as quiet zones, and authorize the city manager to execute the
agreement
Mayor Kelly read Resolution R-13-3610 in its entirety.
Director Lowry briefed City Council regarding item 4c.
Mayor Kelly questioned staff regarding the proposed work with the light rail, is the
quiet zone a separate item to be put in place? Director Lowry replied the desire is to
have the light rail, and The T agreed to fund our portion of the quiet zone. He
further explained the expected completion will be 24 months.
Councilmember Hall questioned staff regarding if there will be quad gates installed
on all four crossings. Director Lowry replied quad gates will only be installed on two
locations; the remaining locations will have approved safety measures in place.
Councilmember Hall questioned staff regarding if the entire section of tracks located
within Colleyville will be considered a quiet zone. Director Lowry replied yes.
Councilmember Hall questioned staff regarding the $321,803.50. Director Lowry
stated The T will reimburse the City as we are the pay master for this project.
Councilmember Taylor stated we will be at net zero for all costs associated with this
project. Director Lowry concurred.
Councilmember Taylor stated the City would have to request a rail station, and has
to be willing to build and maintain a portion, and as such, current and future
planning does not indicate this will benefit the City. He further stated a future City
Council may be directed to pursue a rail station but as for right now, the citizens do
not want a station. Director Lowry stated the cities of Hurst, North Richland Hills,
and Colleyville do not wish to have a rail station.
Mayor Kelly opened the public hearing at 8:09 p.m.
There was no one present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 8:09 p.m.
City Council Minutes March 19, 2013
Councilmember Wollin moved to approve Resolution R-13-3610.
Councilmember Hall seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers
Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance 0-13-1867
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 0-13-1867.
Director Ruthven provided an update regarding this agenda item and briefed the City
Council.
Mayor Kelly opened the public hearing at 8:14 p.m.
Curtis Young, applicant, 8003 Jefferson Circle, presented an update regarding this
agenda item.
Matt Quinn, 5020 Stonebridge Drive, spoke in opposition to this request with
concerns for density, traffic, drainage, and home values.
Jackie Gardner, 5017 Bluebonnet Drive, spoke in opposition to this request with
concerns for density, traffic, drainage, and home values.
Harold Whitten, 1209 Garry Lynne Drive, stated not being in support or opposition of
this request, but stated having issues with drainage.
Lisa Pomroy, 4712 Behrens Road, spoke in opposition to this request with concerns
for density, traffic, drainage, and the rural atmosphere being taken away.
Kathleen Hennessy, 5013 Stonebridge Drive, stated the allocation of Bluebonnet
Drive on the Master Thoroughfare Plan is as a local street; however this new
development will create more homes than the criteria for a local street. She stated
having a dilemma with rather to support or oppose the request.
City Council Minutes March 19, 2013
Martha Dameron, 1600 Cherry Street, spoke in opposition to this request with
concerns for density, traffic, drainage, and home values.
There was no one else present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 8:53 p.m.
Mayor Kelly questioned staff regarding if the current zoning is R20. Director Ruthven
replied correct.
Mayor Kelly questioned staff regarding the number of lots which are zoned R40 but
do not meet the R40 zoning district requirement. Director Ruthven replied there are
a few lots on Bluebonnet Drive, which do not meet the R40 zoning district
requirements, such as lot depth and width.
Mayor Kelly questioned staff regarding if the developer could face homes to front
Bluebonnet Drive and Glade Road with the current zoning district. Director Ruthven
replied yes.
Mayor Kelly stated there would be no open space requirements if the properties were
developed as R20 lots. Director Ruthven concurred.
Mayor Kelly questioned staff regarding the density, based on the current Master Plan,
is 3.0 units per acre, same density as R15. Director Ruthven concurred.
Mayor Kelly questioned staff regarding if the zoning is appropriate for the land use
and in terms of this being a transitional area. Director Ruthven concurred.
Mayor Kelly stated the density is actually more than R40 on the east side of
Bluebonnet Drive given some of the lots do not meet the R40 zoning district
requirements. Director Ruthven concurred.
Mayor Kelly questioned staff regarding if the Bridges at Riverwalk development is 3.8
units per acre, minus the commercial component. Director Ruthven concurred.
Mayor Kelly questioned staff regarding the lot size, noting the Bridges at Riverwalk
average lot size is 6,479 square feet, whereas the proposed development is 9,208
square feet. Director Ruthven replied yes.
Mayor Kelly stated in terms of open space, the Bridges at Riverwalk is 24 percent,
whereas the proposed development is 23 percent.
Mayor Kelly stated there are some transitional benefits between the Bridges at
Riverwalk and the proposed development regarding the items mentioned above.
Councilmember Muhm questioned Mr. Young regarding if the sketch is to scale? Mr.
Young replied yes.
City Council Minutes March 19, 2013
Councilmember Muhm questioned Mr. Young regarding the landscape buffer along
Bluebonnet Drive, what is the distance. Mr. Young replied the open space, which
backs to Bluebonnet Drive, varies from 42 feet to a maximum of 53 feet.
Councilmember Muhm questioned Mr. Young regarding what will be seen going down
Bluebonnet Drive. Mr. Young replied there will be trees, then a wrought iron fence,
then more trees.
Councilmember Muhm stated there will be a wrought iron fence, roughly about 40
feet from the roadway. Mr. Young replied yes.
Councilmember Muhm questioned Mr. Young regarding the drainage along the
western property line. Mr. Young explained the drainage for the subject property.
Councilmember Muhm questioned Mr. Young regarding access to the open space.
Mr. Young stated it will be entirely accessible to the public and it will contain the ten
(10) foot required City trail.
Councilmember Muhm questioned Mr. Young regarding the anticipated number of
builders. Mr. Young replied probably no more than two.
Councilmember Muhm questioned Mr. Young regarding the west side, what is the
current situation with the existing fence. Mr. Young replied the fence will remain in
place.
Councilmember Muhm questioned staff regarding the number of lots which could be
in place for the R20 zoning district. Director Ruthven stated approximately 13 lots;
however, with the dedication of a street in the middle of the development, the
maximum would be 23 lots.
Councilmember Muhm questioned staff regarding if the proposed lots are typical for
an R20 lot. Director Ruthven replied yes, the minimum lot depth is 100 feet for an
R20 lot.
Councilmember Muhm questioned staff regarding if the lots along Bluebonnet Drive
are zoned R40. Director Ruthven replied yes, however there are approximately four
lots which are smaller than R40.
Councilmember Muhm questioned staff regarding the location of the Bidault House.
Director Ruthven explained the location of the house in relation to this development.
Mayor Kelly re-opened the public hearing at 9:04 p.m.
The following persons filled out a speaker card in opposition to this request, however
did not wish to speak: Leon and Sharon Maxwell, 5137 Stonebridge Drive; Lola
City Council Minutes March 19, 2013
Cobb, 1508 Cherry Lane; George and Bobbie Douglass 1412 Cherry Lane; Jesse
Cobb, 1508 Cherry Lane; Harry Clark, 5104 Rose Street; David Gardner, 5017
Bluebonnet Drive; David Michael Gardner, 4500 Stafford Drive; Rachel Cloward,
4500 Stafford Drive; Jimmy Callahan, 5019 Bluebonnet Drive; Mary Callahan, 5019
Bluebonnet Drive; Sharon Albert, 5004 Rose Street; Sally Coleman, 5113
Stonebridge; Linda Campanella, 5008 Stonebridge Drive; Ray Dameron, 1600 Cherry
Lane; Joy Winters, 5025 Stonebridge Drive; Pam and Troy Marshall, 5021
Stonebridge Drive; Stewart Harms, 5009 Stonebridge Drive; Reta Sage, 5117
Stonebridge Drive; Joseph and Charlene Palmieri, 5125 Stonebridge Drive; Alan and
Jeanette Caldwell, 5016 Stonebridge Drive; Bryan and Judy Berry, 5000 Stonebridge
Drive; Steven Fryer, 4300 Briar Ridge Drive; Donna Bertram, 5108 Stonebridge
Drive; Terry and Joyce Roland, 5004 Stonebridge Drive; Jimmie Smith, 5028
Stonebridge Drive; Don Black, 5109 Stonebridge Drive; Karen Miesen, 5121
Stonebridge Drive; Patrick and Regina Esken, 5145 Stonebridge Drive; Debbie Free,
5005 Stonebridge Drive; Phil Dill, 5001 Stonebridge Drive; Daniel Mead, 5140
Stonebridge Drive; Ava Fryer, 5129 Stonebridge Drive; Ashley Hansen, 1312 Glade
Road; Desiree Sage, 6418 Lorraine Park and Mark Seebeck, 5141 Stonebridge Drive.
Mayor Kelly closed the public hearing at 9:07 p.m.
Councilmember Taylor questioned staff regarding if there are any concerns for the
access gate given the potential for cars parking at Colleyville Center and the Justice
Center during an event. Interim Fire Chief Clif Nelson replied they would monitor the
event and if there were issues, he would have the Fire Marshal ask the owner to
move the cars or they would have wrecker service move the cars.
Councilmember Taylor questioned staff regarding the number of parking spaces
located at the Colleyville Center. Director Ruthven replied approximately 206.
Mayor Kelly questioned staff regarding if the lane would be striped as a fire lane.
Chief Nelson replied he would have to review the code.
Councilmember Taylor stated this site plan is a vast improvement and much lower in
density from the Planning and Zoning Commission recommendation. He stated
having concerns for the emergency access and its location. He stated the main
access is still too close to the Glade Road and Bluebonnet Drive intersection.
Councilmember Taylor questioned Mr. Young regarding the drainage. Mr. Young
replied the front of the properties would drain toward the street and the properties
located on the west side would have a small portion drain to the rear however, there
will be proper drainage in place to accommodate it.
Councilmember Taylor questioned Mr. Young regarding the rational between wrought
iron fences versus a brick wall on a neighborhood street. Mr. Young stated a
wrought iron fence is more neighborly.
City Council Minutes March 19, 2013
Councilmember Taylor questioned Mr. Young regarding the view from the back of
resident's homes. Mr. Young stated the back yards will be screened with
landscaping.
Councilmember Taylor stated having concerns for people being able to view the back
of citizen's yards, especially since Bluebonnet Drive is a highly traveled road. Mr.
Young stated they are committed to providing natural screening.
Mayor Kelly stated having the same concerns from both sides, having people seeing
others in their back yard, and having items in the back yard. He stated having
concerns for the natural screening being maintained.
Councilmember Short stated the properties along Riverwalk are the same, separated
by a water feature and vegetation.
Mayor Pro Tem Hart questioned staff regarding if there are any controls with
drainage if the property develops as R20. Director Ruthven replied the street would
have to have an underground stormwater system to meet the requirements of the
code. However, if the homes solely faced Bluebonnet Drive, the builder would be
responsible for ensuring the drainage met the code requirements. He further
explained a developer will put in all of these requirements with a PUD.
Mayor Kelly questioned staff regarding the flow of water, where will it go? Director
Ruthven explained it would be contained on the property, in the two water detention
areas shown on the plan. Further discussion occurred regarding the drainage for the
subject area.
Councilmember Wollin questioned staff regarding the existing fence, it is outlined in
the ordinance as it shall be kept, however, it does not mention who maintains it?
Director Ruthven replied the Bridges at Riverwalk would have to maintain the
existing fence.
Councilmember Short stated the developer has done a nice job of addressing a lot of
the concerns; drainage, density, fencing, and landscaping.
Councilmember Muhm questioned Mr. Young regarding the distance of the main
entrance to the development from Glade Road. Mr. Young replied approximately 180
feet.
Councilmember Muhm questioned Mr. Young regarding if there are any concerns with
the homeowners only having one entrance and one exit, especially with getting to
and from their homes. Mr. Young replied no.
Councilmember Muhm stated the developers have done a nice job with the
transitioning of this property within the neighborhood.
<-,*a`«r
City Council Minutes March 19, 2013
Councilmember Hall stated this is an improvement over what had been previously
presented. He further stated this will take care of the drainage however, he stated
being shocked by the overwhelming negative comments regarding this project. He
stated he has not seen one person in support of this request. Mr. Young stated they
have tried to reach support from the neighbors, especially having addressed most of
their concerns.
City Manager Jennifer Fadden explained the average home valued at $397,889, has
an average property tax of $1,416.09, therefore, if the increase of the home value is
$500,000, the average property tax would be $1,780, therefore the average home is
provided $2,842 in City services.
Mayor Kelly questioned staff regarding if the proposed changes have been
incorporated in the proposed ordinance. Director Ruthven replied yes.
Councilmember Taylor stated the main access has not been discussed, and the
access point has been moved closer to the intersection problem. Mayor Kelly stated
the lots were removed to meet the request of City Council.
Councilmember Short questioned staff regarding standards for access placement in
relation to intersections. Director Ruthven explained the Land Development Code
does not address the placement of access to intersections. He further stated staff
did not report any issues with the access of this development.
Councilmember Taylor stated he has nothing to measure if a roundabout is placed at
Bluebonnet Drive and Glade Road in relation to the access of this development.
Mayor Kelly questioned staff regarding if the intersection improvements at
Bluebonnet Drive and Glade Road will have an impact on this development.
Director Lowry replied no decisions have been made regarding this intersection, but
that a roundabout has been mentioned as a possible remedy. He stated if the
decision is made to construct a roundabout in this location; the access to this
development will meet those requirements. He further explained a roundabout has
been shown as a possible solution.
Councilmember Taylor stated it is possible this intersection may contain a
roundabout and he questioned staff regarding will the entrance to this development
have an effect on that roundabout? Director Lowry replied he does not have the
exact measurements; however, at John McCain and Pleasant Run Road, there are
driveways closer than the proposed entrance.
Councilmember Muhm questioned staff regarding how many feet are needed to
construct a roundabout. Director Lowry explained there will be plenty of room to
accommodate the splitter island, which extends from the center of the roundabout,
City Council Minutes March 19, 2013
without blocking the traffic. He stated the steep of the grade is another concern and
will impact a roundabout for this intersection.
Mayor Kelly moved to approve Ordinance 0-13-1867, with an amendment to
include a wrought iron fence along the east side, with evergreen shrubs
placed along the fence for additional privacy. Councilmember Muhm
seconded the motion and stated although it is not a perfect development, it
will make a nice addition.
This item requires a super majority vote and therefore the motion to approve failed
by the following vote:
Aye: 5 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers
Michael Muhm, Jody Short, and Mike Taylor
Nay: 2 - Councilmembers Carol Wollin and Stan Hall
Councilmember Hall stated there is an overwhelming opposition to this development.
Councilmember Wollin concurred.
Mayor Kelly stated he does understand the citizens concerns, however, those who
are concerned with the proposed development do live in a similar development.
Councilmember Hall stated the citizens do not want this development.
City Attorney Boyle stated the motion was to approve and it did not carry, therefore
the case has not yet been denied and has not been subject to final action. He stated
if at the end of deliberation, the City Council were not able to get a sufficient
majority vote, either for a vote to deny, which would require four votes, or a vote to
approve, which would require six votes, then the case would expire, at that point.
Councilmember Muhm questioned City Council regarding what can be done to make
this a better development. Mayor Kelly stated there has been input for meeting the
parameters, and if it is to develop, as currently zoned, it may not fix those particular
issues.
Councilmember Hall stated the citizens have heard the developers speak and they
still do not want this development.
Councilmember Taylor moved to deny Ordinance 0-13-1867 without
prejudice. Councilmember Hall seconded the motion.
Councilmember Taylor stated he did not want less density than what has been
proposed and stated there is not a problem with this development.
City Council Minutes March 19, 2013
Councilmember Short stated the City is missing an opportunity with this
development. He stated this is a good transition.
Mayor Kelly stated the City Council has looked at other developments, similar to this
one, in which the citizens did not want it and we have voted for it.
Councilmember Hall questioned staff regarding when could the developer bring this
back for consideration. City Attorney Boyle stated the case will have to start over as
a brand new application, somewhere around ten weeks to three months.
Councilmember Muhm stated it will be a nice development once this is done. He
stated this will not be the only case like this; it is not an isolated case.
Councilmember Taylor withdrew his motion. Councilmember Hall agreed to
rescind his motion.
City Attorney stated the City Council could refer this case back to the Planning and
Zoning Commission.
Councilmember Muhm stated it may still require a supermajority vote.
Councilmember Hall stated there was a supermajority requirement for two reasons;
the Planning and Zoning Commission denied the request, and 20 percent of the
property owners within the 200 foot notification area were in opposition.
Councilmember Hall stated through this process, the development has been designed
for the developers. Mayor Kelly stated it has happened through the comments made
by the residents on both the east and west side.
Councilmember Hall stated even if the property owners stated now being in support
of the development, the supermajority vote would still be required because of the
Planning and Zoning Commission recommendation of a denial.
Mayor Kelly questioned Mr. Quinn (resident who previously spoke in opposition to
this request) as to why the homeowners do not want this development. Mr. Quinn
stated the residents are not in support because of density, an increase in traffic, and
the developer did not approach the residents with something legitimate.
Councilmember Muhm questioned staff regarding the discussion of the neighbors
when the Riverwalk development was presented to City Council. Director Ruthven
stated he was not present for those discussions.
Councilmember Taylor stated the citizens did not want that development either.
Mayor Pro Tern Hart stated this project needs to go back to the Planning and Zoning
Commission. He further stated this is too good of a project to be denied.
City Council Minutes March 19, 2013
Councilmember Wollin concurred with Mayor Pro Tern Hart and stated the revisions
need to be communicated with the neighbors.
Councilmember Hall stated it may be approved by the Planning and Zoning
Commission. Councilmembers Taylor and Muhm stated there will still be a
supermajority vote required because of the citizen's opposition. Councilmember Hall
stated they may change their mind.
Councilmember Hall stated not seeing a commitment by the developer since they
have not purchased this land.
Mayor Kelly made a motion to send this item back to the Planning and
Zoning Commission for additional consideration and recommendation.
Mayor Pro Tem Hart seconded the motion.
City Attorney Boyle stated he would further review the Charter to see if this item will
require one or two readings.
Aye: 7 - Mayor David Kelly, Mayor Pro Tern Tom Hart, and Councilmembers
Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor
Staff note: Vijay Borra, 5209 Bluebonnet Drive, turned in a speaker card in support
of this item, before the end of the meeting, however, after the public hearing.
Mayor Kelly recessed the meeting at 10:05 p.m.
Mayor Kelly reconvened the meeting at 10:15 p.m.
5b Ordinance 0-13-1868
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
Councilmember Muhm moved to table Ordinance 0-13-1868.
Councilmember Taylor seconded the motion.
City Attorney Matthew Boyle stated this item will remain on the table and off the
agenda until Ordinance 0-13-1867 is back on the agenda.
Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers
Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
City Council Minutes March 19, 2013
6a Ordinance 0-13-1869
Approval to declare unopposed candidates in the May 11, 2013, General
Election elected to office and canceling the election
Mayor Kelly read the caption of Ordinance 0-13-1869.
City Secretary Amy Shelley presented the agenda item and briefed the City Council.
Mayor Kelly opened the public hearing at 10:18 p.m.
There was no one else present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 10:18 p.m.
7. ORDINANCE(S) CONTINUED: READING AND PUBLIC HEARING
7a 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.
Director Ruthven presented the agenda item and briefed the City Council.
Mayor Kelly opened the public hearing at 10:19 p.m.
Tim Coltart, applicant and property, owner came forward to present the agenda item
and brief the City Council.
There was no one else present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 10:27 p.m.
Councilmember Muhm stated he has not had an opportunity to review this submittal
since it was only given to the City Council two hours before the meeting.
Councilmember Taylor questioned Mr. Coltart regarding elevations. Mr. Coltart
stated he did not have elevations.
Councilmember Taylor stated having the same issues with following along as
Councilmember Muhm.
Councilmember Muhm questioned Mr. Coltart regarding the sliding cedar portion of
the exhibit. Mr. Coltart stated it is the gate. Discussion occurred regarding the gate
mechanism and movement.
City Council Minutes March 19, 2013
Discussion occurred regarding a garage versus carport, the roof pitch, and the height
of the building.
Councilmember Muhm questioned staff regarding the new addition. Director
Ruthven stated the new addition could be constructed with the issuance of a building
permit, if it met the setback requirements.
City Attorney Boyle questioned Mr. Coltart regarding if the plans for the proposed
carport are not final. Mr. Coltart concurred.
City Attorney Boyle questioned Mr. Coltart regarding if he is aware of the
supermajority vote requirement. Mr. Coltart concurred.
City Attorney Boyle stated the proposed plan to enclose three sides of the garage
would not require a Special Use Permit. Mr. Coltart replied correct.
City Attorney Boyle questioned Mr. Coltart regarding if he would have any issues
with City Council tabling this request, which would allow for him to bring it back for a
second and final consideration, subject only to re-notification when the plans are
final? Mr. Coltart replied yes.
Mayor Kelly stated being concerned since the applicant requested this item to be
tabled two weeks ago and has submitted incomplete plans for a second time.
Mayor Kelly questioned staff regarding if the new addition is allowed by right.
Director Ruthven replied yes, if it meets all of the setback requirements.
Mayor Kelly questioned staff regarding if a carport is being requested or if a garage
is being requested. Mr. Coltart stated he did not want to spend any more of City
Council's time.
Councilmember Hall questioned Mr. Coltart regarding if he would like to have a
carport to be able to drive through. Mr. Coltart replied no.
Councilmember Hall questioned Mr. Coltart regarding if he would rather have a
garage. Mr. Coltart replied that is really where he is at with this since he does not
want to have a sign in his yard any longer requesting a zoning change.
Mayor Pro Tem Hart stated the plan has now changed from a carport to a garage.
Mr. Coltart concurred.
Director Ruthven stated the current plan does not meet the requirements of a
carport and therefore would not require a Special Use Permit.
Mr. Coltart stated he is currently working with a designer and therefore would like
the flexibility to either have a carport or a garage.
City Council Minutes March 19, 2013
City Attorney Boyle stated not being sure that this is or is not a carport because the
moment he eliminates the north wall, the structure then becomes a carport. He
explained the applicant has the choice to have City Council table this item until he
can provide exhibits which identify his desire to either have a carport or a garage,
depending on the requirements of the ordinance.
Mayor Kelly stated he would prefer to clear out this item rather than leave it on the
agenda forever.
Councilmember Hall moved to table this agenda item to April 16, 2013.
Mayor Pro Tem Hart seconded the motion.
The motion to table carried by the following vote:
Aye: 7 - Mayor David Kelly, Mayor Pro Tern Tom Hart, and Councilmembers
Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There were no speakers regarding this agenda item.
9. REPORTS
Colleyville Sidewalks Committee Minutes - July 10, 2012
Colleyville Center Advisory Committee Minutes - November 26, 2012
Colleyville Events Steering Committee Meeting Minutes - January 23, 2013
There was no discussion of this item.
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR March 19,
2013 - Reading and Public Hearing - Resolution R-13-3611
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 Council Minutes March 19, 2013
Mayor Kelly adjourned the City Council meeting at 10:42 p.m.
APPROVED BY A VOTE OF - AYES, NAYS, AND b
ABSTENTIONS ON THIS THE aritt._ DAY OF rt
Minutes taken and prepared by:
i i ,
Amy di elley I
City Secretary