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HomeMy WebLinkAboutCity Council-Minutes-4/2/2013 j%'-- 0, City of Colleyville City Hall COLLEYVILLE City Council 100 Main Street Colleyville, Texas 76034 k h Agenda 817. 503.1000 www.colleyville.com Tuesday, April 2, 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 the designation of park land for the Longwood Property PC-2 Presentation of the Monthly Financial Report - February 2013 PC-3 Presentation and discussion concerning gas rates PC-4 Presentation and update on Colleyville CloseBuy PC-5 Discussion of the April 2, 2013, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Advice from city attorney regarding drainage Section 551.071 - Litigation - City of Colleyville v. Mitchell Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager City Council Agenda April 2, 2013 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 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville 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-13-3612 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 Keep America Beautiful and Keep Colleyville Beautiful Great American Cleanup and Arbor Day in Colleyville, April 20, 2013 - Charna Gray, President, Ret Stansberger, member, Keep Colleyville Beautiful Committee Proclamation in recognition of Child Abuse Prevention Month - Samantha Shirdiff, Community Educator, Alliance for Children 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3613 4a Approval of the minutes of the regular City Council meeting of March 19, 2013 4b Approval of the North Central Texas Public Works Mutual Aid Agreement, authorizing the City to provide mutual aid to other cities in the North Central Texas region in times of emergencies, and to receive mutual aid from other cities when needed, and authorize the Mayor to execute the agreement 4c Approval of a donation from Susan Stark of a bronze sculpture, "Juliana's Two Loves" to the Colleyville Public Library City Council Agenda April 2, 2013 4d Approval of the Colleyville Center Advisory Committee, Parks and Recreation Advisory Board, Colleyville Library Board, and Colleyville Sidewalks Committee bylaws 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-13-1869 Approval to declare unopposed candidates in the May 11, 2013, General Election elected to office and canceling the election 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-13-1870 Approval of amending Ordinance 0-92-880 setting fees and charges for City facilities, Case GC13-006 6b Ordinance 0-13-1871 Consideration for approval of amendments to Section 3.24.C-Special Land Use Standards and Section 3.26-Fences, Free Standing Walls, and Screening Materials in the Land Development Code, Case GC13-002 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3614 Approval of a resolution re-authorizing the conveyance of Lot 42 in the Village at Colleyville 7b Resolution R-13-3615 Approval of a construction contract with P & E Contractors, Inc., for Colleyville Boulevard (SH26) Water and Sanitary Sewer Relocation - Phase 2, in an amount not to exceed $3,560,188.50, and authorize the city manager to execute the contract 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Planning and Zoning Commission Minutes - February 11, 2013 City Council Agenda April 2, 2013 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 2, 2013 - Reading and Public Hearing - Resolution R-13-3616 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Thursday, March 28, 2013, by 5:00 p.m. Amy S e Y ' 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 City Hall COLLEYVILLE City Council 100 Main Street � Ill- :•" Colleyville, Texas 76034 Minutes 817. 503.1000 '' www.colleyville.com Tuesday, April 2, 2013 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on April 2, 2013, at 5:37 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, 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, Marketing Coordinator Heather Gaven, 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, Project Engineer Dale Crown, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Parks Superintendent Tim Hightshoe, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. PC-1 Discussion of the designation of park land for the Longwood Property Parks Superintendent Tim Hightshoe discussed the designation of park land for the Longwood Property. Councilmember Wollin questioned staff regarding the difference between the terminology of park land and open space land. Superintendent Hightshoe replied open space is used for various activities, and park land typically has amenities. Councilmember Muhm questioned staff regarding if the dedication of park land is more formal. Superintendent Hightshoe replied yes. Councilmember Wollin questioned staff regarding if the state would then recognize the acreage of park land versus open space land. Superintendent Hightshoe replied yes. City Manager Jennifer Fadden stated the Parks Recreation and Open Space Master Plan have identified a number of acres of open space identified as public and private. She further explained the dedication of park land then triggers the State statute that determines the future of the property and how it is utilized with or without voter approval. She also explained if the City were to dedicate this property as park land, then, in the future, the voters would have to approve the selling or releasing of the property. City Council Minutes April 2, 2013 Mayor Kelly explained there is already a restriction on this property. He stated this property is already open space, but to dedicate it as a park, it would then have to have park-like amenities. Councilmember Wollin stated the property could stay natural just like the nature center and still call it a park. Councilmember Taylor stated it is really the difference between being improved and unimproved. Councilmember Wollin stated there is not a safety issue with open space as much as there is with park land. Councilmember Muhm questioned Mayor Kelly regarding if the open space located at the L.D. Lockett House is considered a park or open space. Mayor Kelly replied it is park land with improvements to the trail. Councilmember Short questioned Mayor Kelly regarding if the park designation obligates the City to maintenance. Mayor Kelly replied he would believe so. Councilmember Muhm stated the property is connected to Kimzey Park therefore parking could be utilized at Kimzey. Councilmember Taylor questioned Mayor Kelley regarding what was the property designated at the time it was requested for the grant. Mayor Kelly replied the property was designated as open space. Councilmember Taylor questioned staff regarding who owned the property at that time. City Manager Fadden replied the Texas Parks and Recreation Foundation owned it at that time and then dedicated it to the City in 2004 without any conditions. Councilmember Taylor stated the City did not actually take title of the property until 2004. Councilmember Muhm questioned staff regarding the Bransford Trust the property was in at one time. City Manager Fadden explained the deed records show the original ownership was two separate development entities, which both deeded it to the Texas Parks and Recreation Foundation, who then deeded it back to the City. Councilmember Taylor questioned staff regarding why this property was not platted totally as Kimzey Park so that we would have known about this when it was discussed previously. Mayor Kelly explained the property was used as collateral for the Kimzey Park land. - $ • 'j^*+-+, "9:s _ City Council Minutes April 2, 2013 Councilmember Taylor stated he would like this property to be platted as one parcel, and then it has been identified as open space. Councilmember Muhm stated there were talks regarding using this in the parks system. He stated this may be considered as a gateway to our community as one large continuous park. Mayor Kelly stated this may open it up to be requested that this land be improved. Councilmember Muhm stated there has been no expectation to have this property improved. Councilmember Taylor stated he would like a sign posted on this property that establishes it as Kimzey Park, possibly have a trail, but no park amenities. Mayor Kelly stated he would suggest for the Park Board to be made aware of this property and see what they would like to do with it. Councilmember Muhm questioned Mayor Kelly regarding if the Park Board was made aware of this previously. Mayor Kelly replied no. Councilmember Hall stated a citizen has suggested to him for this property, at least near Colleyville Boulevard, be made into a botanical garden area. Councilmember Wollin stated most of this property is in the floodplain. Councilmember Taylor stated this does not require any action, and he suggested keeping the property as is. Councilmember Wollin questioned staff regarding if the zoning of the property needs to be changed. City Manager Fadden replied the City owns the property but, it could be initiated, if that is City Council's desire. Councilmember Muhm questioned staff regarding if platting the property with Kimzey Park would solve the zoning issue. City Manager Fadden replied platting the property would not change the zoning. Councilmembers all concurred it would be a good suggestion to take this to the Park Board for their consideration as park land. Councilmember Taylor stated citizens can gain access to the property through the proposed trail, and parking at Kimzey. Mayor Pro Tern Hart questioned staff regarding if the ponds at the Nature Center were naturally created. Mayor Kelly replied they were created for retention and detention. City Council Minutes April 2, 2013 Councilmember Wollin stated having concerns for the damage done to the trees with the development that has been done on the property. Councilmember Muhm questioned staff regarding if the grounds have been restored back to the natural state. Superintendent Hightshoe stated staff has been working to restore the property back to its natural state. He further explained he has not allowed Mr. Johnson (person who made alterations to the site) to remain on the property. Councilmember Hall questioned staff regarding the property adjacent to Wilkes Drive access. City Manager Fadden explained it is private property. Councilmember Taylor stated he would like the property to be replatted as one parcel. Mayor Kelly stated this land should be assessed by the Park Board just like any other land. Councilmember Muhm stated the entire history of this property should be discussed with the Parks Board. PC-2 Presentation of the Monthly Financial Report - February 2013 There was no discussion of this item. PC-3 Presentation and discussion concerning gas rates Strategic Services Manager Adrienne Lothery introduced Mary Jean Maloney, Manager Public Affairs, Chris Felan, Vice President of Rates and Regulatory, and Lance Andrews, Director of Operations and a Colleyville resident, with Atmos Energy, and Attorney Cathy Cunningham with Boyle-Lowry, to present and discuss Atmos gas rates. Councilmember Muhm questioned Attorney Cunningham regarding if Dallas received a better deal with the Railroad Commission. Attorney Cunningham replied no, they did not received a better deal. Councilmember Muhm questioned Mr. Felan regarding what is the purpose of the 16 percent increase and Mayor Kelly added what are the new borne costs which have required the rate increase? Mr. Felan replied the aging infrastructure has caused the primary rate increase. Mayor Kelly questioned Mr. Felan regarding if there is a debt component rather than a cash basis. Mr. Felan replied yes, there is a debt component. „° ,aa _- ten;:;'= w City Council Minutes April 2, 2013 Councilmember Muhm questioned staff regarding the steel line replacement program. Assistant City Manager and Chief Financial Officer Terry Leake replied it was a separate program. Mayor Kelly questioned staff regarding if this is similar to our water supplier rate increases because of the aging infrastructure. Assistant City Manager Leake replied yes. Mayor Pro Tern Hart questioned Mr. Felan regarding if they supply electric utilities. Mr. Felan replied the commercial and industrial transmission division does. Councilmember Muhm questioned staff regarding what are the next steps. Attorney Cunningham stated she will send an update regarding the specific infrastructure projects, and she stated she does voice everyone's concerns at the meetings she attends. Councilmember Taylor questioned staff regarding if this will make it out of the current legislation. Attorney Cunningham stated it is really hard to follow some of these items since legislation will put things on the table and then bring them back up without adequate notification. PC-4 Presentation and update on Colleyville CloseBuy Marketing Coordinator Heather Gaven presented and update regarding the Colleyville CloseBuy program. Councilmember Muhm questioned staff regarding if all businesses are required to carry the Ccard. Coordinator Gaven replied they are not required to provide discounts for the Ccard, simply encouraged. Councilmember Muhm questioned staff regarding what the Ccard actually allows the citizen. Coordinator Gaven replied it gives the user an immediate discount at the business discretion. She explained some of the various discounts the businesses are providing. Councilmember Muhm questioned staff regarding the tracking of the mobile application. Coordinator Gaven explained the issues with tracking on mobile app devices. Councilmember Muhm questioned staff regarding if all of the cash mob events have happened during lunch. Coordinator Gaven replied most have taken place during lunch however, there was one event held in the evening. Mayor Pro Tern Hart questioned staff regarding which event was held in the evening. Coordinator Gaven replied the one for Briesley's Boutique was held in the evening around 4:30 and was done right before the Holly Colley event. ".3' ,". •.mw°," ..,pG,2 ..,e , .�-;,;�--���,-,,.s. �"`�° a�- .,:� ?"'; _%�'�' �.°.iCa6; - v .wn., �xw' * -' -� z. r r �ca;. City Council Minutes April 2, 2013 Councilmember Muhm questioned staff regarding if these are held once a month. Coordinator Gaven replied yes. Councilmember Muhm questioned staff regarding the trends after a cash mob. Coordinator Gaven stated the businesses are not really tracking the results after the cash mob. Mayor Kelly explained the civic groups may begin to participate and sponsor a cash mob event. PC-5 Discussion of the April 2, 2013, City Council regular agenda items Community Development Director Ron Ruthven briefed the City Council on agenda item 6b. Councilmember Muhm questioned staff regarding how often the Zoning Board of Adjustment meets. Director Ruthven replied they meet once a month or on an as needed basis. Councilmember Hall questioned staff regarding the types of storage units. Director Ruthven explained the types of storage units being discussed with this update. Councilmember Taylor questioned staff regarding if the building permit is valid for three years, is the storage unit valid for the same? Director Ruthven replied yes. Councilmember Muhm questioned staff regarding the time a remodel building permit is valid. Director Ruthven replied the permit really depends on the type of remodel. Mayor Kelly questioned staff regarding if the time begins when the applicant pulls the permit or when the work actually begins. Director Ruthven replied it begins when the permit is issued. Councilmember Short questioned City Council regarding what is the overall goal of this amendment. Mayor Kelly explained the need to have a system in place. City Manager Fadden explained there are no guidelines currently in place to regulate or enforce portable storage units. Councilmember Short questioned staff regarding if a roll-off dumpster will fall under the same guidelines. Director Ruthven replied currently, for new construction, the code of ordinances requires some type of trash receptacle. Councilmember Hall questioned staff regarding the requirements for a trash receptacle and if wooden bins are allowed for such. Director Ruthven explained the requirements and stated wooden bins are not typically allowed. � .;, �n,.;. i s: a s ¢^',., `'EsK� ,"'':;�' °'�-'. � °q`,.,.'•`b' i3&, tz' � 3$p4F 3g-v� �' §r ;aas' v z':g ` `� eS^i-i g:' City Council Minutes April 2, 2013 Councilmember Muhm questioned staff regarding the minimum height for the screening of the dumpsters. Director Ruthven replied the minimum requirement would be an eight foot fence. City Manager Fadden explained it would be for new structures for buildings permitted after April 17, 2013. Councilmember Hall questioned staff regarding if sidewalks were to be constructed along Colleyville Terrace. Director Ruthven replied yes. City Manager Fadden explained the sidewalk discussion is not on the agenda but yes, the sidewalk on Colleyville Terrace is scheduled. Councilmember Taylor questioned staff regarding the supporting documents for item 7a. City Manager Fadden explained there will be a site exhibit on the presentation for this evenings meeting. Councilmember Muhm questioned staff regarding existing dumpster enclosures. Director Ruthven replied they would not have to build a new dumpster enclosure, this will only apply to new construction. Councilmember Short questioned staff regarding if all dumpsters on the site would have to be within the enclosure. Director Ruthven replied yes. Mayor Kelly questioned staff regarding commercial properties. Director Ruthven replied the same would apply, or with 50 percent improvement. Councilmember Taylor questioned staff regarding item 7b, what is the estimated time frame. Public Works Director Bob Lowry explained the contract days to be 365 days; from John McCain to Hall-Johnson Road is 210 days; with a $1,000 dollar incentive pay for early completion with a $50,000 dollar maximum. Councilmember Muhm questioned staff regarding what is a day. Director Lowry replied a calendar day, and they can only work Monday through Saturday. Councilmember Taylor questioned staff regarding if this construction will continue to Centerpark Drive to the south and Glade Road on the north. Director Lowry replied yes, with no relocations along the Market Street development. City Manager Fadden explained on the north side, it is only south of John McCain where the previous project terminated. Mayor Kelly questioned staff regarding agenda item 5a, specifically the swearing in time for the new Councilmember. City Attorney Matthew Boyle replied the newly selected and returning Councilmembers may be sworn in on May 14. Mayor Kelly adjourned the Pre Council meeting at 7:05 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on April 2, 2013, at 7:40 p.m. City Council Minutes April 2, 2013 ROLL CALL: Mayor David Kelly, Mayor Pro Tern Tom Hart and Councilmembers Carol Wollin, Stan Hall, Michael Muhm, Jody Short, and Mike Taylor, 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, Parks Superintendent Tim Hightshoe, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Project Engineer Dale Crown, 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. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Advice from city attorney regarding drainage Section 551.071 - Litigation - City of Colleyville v. Mitchell Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the city manager 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, Section 551.074, Personnel, 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 7:06 p.m. and reconvened at 7:40 p.m. INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City Council Minutes April 2, 2013 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3612 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 Councilmember Wollin announced the series of gardening classes scheduled for the Colleyville Library beginning April 6, 2013, 2nd Floor meeting room at 1:30 p.m. She also announced the Colleyville Women's Club 28th Annual Fashion Show on April 12, 2013; doors are to open at 9:30 a.m. Proclamation in recognition of Keep America Beautiful and Keep Colleyville Beautiful Great American Cleanup and Arbor Day in Colleyville, April 20, 2013 - Charna Gray, President, Ret Stansberger, member, Keep Colleyville Beautiful Committee Mayor Kelly recognized Keep America Beautiful and Keep Colleyville Beautiful Great American Cleanup and Arbor Day, April 20, 2013 with Charna Gray, President and members Icie Berkman and John Gray, along with Code Enforcement Officer Ky Roby and Parks Superintendent Tim Hightshoe Proclamation in recognition of Child Abuse Prevention Month - Samantha Shirdiff, Community Educator, Alliance for Children Mayor Kelly recognized Child Abuse Prevention Month, and provided a proclamation to Samantha Shirdiff, Community Educator with Alliance for Children. Ms. Shirdiff expressed her gratitude for the proclamation. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3613 4a Approval of the minutes of the regular City Council meeting of March 19, 2013 4b Approval of the North Central Texas Public Works Mutual Aid Agreement, authorizing the City to provide mutual aid to other cities in the North Central Texas region in times of emergencies, and to receive mutual aid from other cities when needed, and authorize the Mayor to execute the agreement 4c Approval of a donation from Susan Stark of a bronze sculpture, "Juliana's Two Loves" to the Colleyville Public Library City Council Minutes April 2, 2013 4d Approval of the Colleyville Center Advisory Committee, Parks and Recreation Advisory Board, Colleyville Library Board, and Colleyville Sidewalks Committee bylaws Mayor Kelly read Resolution R-13-3613 in its entirety. Mayor Kelly opened the public hearing at 7:53 p.m. There was no one present wishing to speak regarding this item and Mayor Kelly closed the public hearing at 7:53 p.m. Councilmember Wollin moved to approve Resolution R-13-3613 with the amendment to the Parks and Recreation Advisory Board bylaws with the removal of Section 4.2, since the attendance is clarified with the new requirement under Section 2.5. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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. Mayor Kelly opened the public hearing at 7:56 p.m. There was no one present wishing to speak regarding this item and Mayor Kelly closed the public hearing at 7:56 p.m. Mayor Pro Tem Hart moved to approve Ordinance 0-13-1869. 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 a , ''+,.„ ».,^'a'E a`az +83' N`s ✓s c`* ".cep 6;:J,.imS•i. o > City Council Minutes April 2, 2013 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-13-1870 Approval of amending Ordinance 0-92-880 setting fees and charges for City facilities, Case GC13-006 Mayor Kelly read the caption of Ordinance 0-13-1870. Community Development Director Ron Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 7:58 p.m. There was no one present wishing to speak regarding this item and Mayor Kelly closed the public hearing at 7:58 p.m. 6b Ordinance 0-13-1871 Consideration for approval of amendments to Section 3.24.C-Special Land Use Standards and Section 3.26-Fences, Free Standing Walls, and Screening Materials in the Land Development Code, Case GC13-002 Mayor Kelly read the caption of Ordinance 0-13-1871. Community Development Director Ron Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:10 p.m. There was no one present wishing to speak regarding this item and Mayor Kelly closed the public hearing at 8:10 p.m. Councilmember Muhm questioned staff regarding the portable storage structures, specifically a permit and the fee for such. Director Ruthven replied the requestor would have to receive a temporary use permit and pay a $100 dollar fee. Councilmember Muhm questioned staff regarding the front street setback. Director Ruthven replied as long as the unit is not placed in right-of-way, it may be placed directly on the front property line, effectively next to the sidewalk. Councilmember Muhm stated he would like to see the front setback requirement to be at least 25 feet so that it does not create any visibility issues. Mayor Kelly stated there may not be that amount of room on some lots, therefore creating issues for persons using the units. °°, City Council Minutes April 2, 2013 Mayor Kelly questioned staff regarding what a garage sale permit costs. Director Ruthven replied there are no fees for garage sales. Mayor Kelly stated the $100 dollars seems a little high but $10 dollars seems a little low; he stated $25 dollars seems more appropriate. Also, if the requestor will need more time than the 30 days, maybe there should be a fee assessed for that as well, versus having to apply to the Zoning Board of Adjustment for the request. Councilmember Short questioned if the building permit will allow for the use of the portable storage unit. Director Ruthven replied yes, the requestor would not have to submit for a temporary use permit, the unit would be allowed under the building permit umbrella. Councilmembers concurred on having a staggered fee for requests for time extensions as well as a maximum time limit. Councilmember Taylor stated the units are used for a temporary basis and not necessarily to be stored on site. He stated he wants to keep the neighborhoods looking proper. Councilmember Muhm stated being in favor of the 30 day time limit. Mayor Kelly expressed his concern for the unit being issued under the umbrella of a building permit, since a building permit is valid for 180 days. Director Ruthven clarified a storage unit may be on a construction site for the duration of an existing building permit, however a storage unit, on a non- construction site, would have a 30 day time limit. He further explained once the construction is over, the storage unit would have to be removed. Councilmember Taylor stated unfortunately these types of codes are written for only 10 percent of the population. He questioned staff regarding how the units are going to be monitored for those persons who are not following these guidelines? Mayor Kelly questioned staff regarding if regulations could be more specific for remodeling conditions versus new construction. Director Ruthven replied it will be an addition/alteration permit. Councilmember Short shared how he used a portable unit in the past. Councilmember Muhm restated being in favor of a 30 day time limit. Mayor Kelly stated the 30 day time limit for remodeling is fine, however, there will need to be a longer time frame for new construction. Director Ruthven stated there could be a rate structure in place for the 30 day time frame, and then the rate would increase for days after the maximum time frame. City Council Minutes April 2, 2013 Councilmember Taylor stated regulations need to be in place to protect the neighbors who have to put up with a storage unit being placed next door to them. He stated it becomes an eye sore. Director Ruthven explained code enforcement would be notified of those who are in violation of this ordinance. Mayor Kelly stated it would be for 30 days, within 12 months. Director Ruthven concurred. Councilmember Muhm questioned Mayor Kelly regarding how staff can enforce if someone places a unit at their home for three days, and then removes it for three days, then the unit returns to their home for three days; how will these nine days be accounted for during the 30 day maximum within a 12 month period? Mayor Kelly replied it would be difficult. Councilmember Taylor questioned staff regarding what the other cities are doing; are the storage unit companies pulling a permit. Director Ruthven replied the benchmarked cities had no regulations. Mayor Kelly stated this is a protective measure on those who are not abiding by the regulations. Mayor Pro Tem Hart stated sometimes the homeowners are at the mercy of the contractor regarding such time frames. He questioned staff if there will be a mechanism in place if there is a need for more than 30 days. Mayor Kelly stated the storage unit would need to be removed and then returned. Councilmember Muhm stated the cost of removing and returning the storage unit will cost the homeowner more. Councilmember Taylor stated there needs to be more research. Mayor Kelly questioned staff regarding if cementious fiber board is considered concrete. Director Ruthven replied cementious fiber board is like hardy plank, a firm board. Councilmember Taylor stated sometimes the proper foundation is not constructed for these brick screening walls. Director Ruthven added the language has been added that all fences must be maintained and installed properly, as to not obstruct drainage easements. Councilmember Taylor stated fences need to be installed properly in the beginning. Mayor Kelly stated the specifications have to be put in place so the person who installed the fencing can be held accountable for such. Councilmember Muhm stated he would like the requirements to ensure the storage units are placed outside of the visibility triangle. Director Ruthven stated there may City Council Minutes April 2, 2013 be times where that requirement may be problematic. Mayor Kelly stated that would be an issue especially with town homes where the home is right on the street right- of-way. Director Ruthven stated he will research it further. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3614 Approval of a resolution re-authorizing the conveyance of Lot 42 in the Village at Colleyville Mayor Kelly read Resolution R-13-3614 in its entirety. City Manager Jennifer Fadden presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:46 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:46 p.m. Councilmember Hall questioned staff regarding how Lot 14 is currently conveyed. City Manager Fadden replied the City of Colleyville owns Lot 14. Councilmember Muhm questioned staff regarding if the deed on Lot 14 was done correctly by the City. City Manager Fadden replied yes. Councilmember Hall questioned staff regarding why there is a need for an exchange. Mayor Kelly explained the resolution is just reaffirming the exchange had not been properly filed. Councilmember Muhm questioned staff regarding the tax fees owed for the subject property. City Manager Fadden replied the amount owed is $55-60,000 dollars for all taxing entities. Councilmember Muhm questioned staff regarding if there will be any issues collecting the money for the back taxes. City Manager Fadden stated she could not speak to that. City Attorney Boyle stated the transaction will not move forward without the payment of the taxes. Councilmember Taylor moved to approve Resolution R-13-3614. Councilmember Muhm seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tern Torn Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor ig .":'k '- ,m,°-` '.ate,,, '? „�- `< ab, •: " -"'' '§ w r „ 'gym '-«na v. =. s. '` -` - = as City Council Minutes April 2, 2013 7b Resolution R-13-3615 Approval of a construction contract with P & E Contractors, Inc., for Colleyville Boulevard (SH26) Water and Sanitary Sewer Relocation - Phase 2, in an amount not to exceed $3,560,188.50, and authorize the city manager to execute the contract Mayor Kelly read Resolution R-13-3615 in its entirety. Director of Public Works Bob Lowry presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 8:52 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:52 p.m. Councilmember Muhm questioned staff regarding what the project will look like to drivers passing through Colleyville. Director Lowry replied they will see machines and pipes being installed and then ditches being filled. Councilmember Muhm questioned staff regarding the size of the sewer. Director Lowry replied 8-12 inch collector pipes, which vary in size throughout the length of the road. Councilmember Muhm questioned staff regarding if this will correct any current issues. Director Lowry replied yes. Councilmember Muhm questioned staff regarding there being only a few locations receiving sewer lines. Director Lowry replied the sewer does not run along the road, some will run in the back of the properties. Councilmember Muhm questioned staff regarding why there is no work to be completed along Colleyville Town Center. Director Lowry replied those were put in the correct location when the development took place. Councilmember Muhm questioned staff regarding the breakdown of the funding. Assistant City Manager and Chief Financial Officer Terry Leake replied $20,000 dollars has been put in reserve from some old water agreements, one is Texas Bank and the other is from the Monterra subdivision. She further explained most of the funding will be coming from the TIF district in terms of impact fees, there is a split between water and wastewater, about $300,000 dollars in eligible fees, which are identified within the existing project. City Council Minutes April 2, 2013 Councilmember Muhm questioned staff regarding if this is an allowed use of funding within the TIF district. Assistant City Manager and Chief Financial Officer Terry Leake replied yes. Councilmember Short questioned staff regarding if the highway design plans are complete to know the location of the highway. Director Lowry replied the design plans are complete and being reviewed, under any circumstances, assuming the road is not wider than six lanes, the utility lines will be located outside the pavement on both sides, either in the right-of-way or acquired easements. Councilmember Taylor questioned staff regarding the bids, why such a difference in the bids. Director Lowry replied market forces dictate the bids and sometimes engineers will hedge their bets. Councilmember Taylor questioned staff regarding if this company has been used before. Director Lowry replied no, but staff has researched the company and they come with glowing remarks from their references. Councilmember Taylor stated they come with good qualities at a low price. Director Lowry replied yes. Mayor Kelly questioned staff regarding if this will then become a shovel ready project? Director Lowry replied yes. Mayor Kelly stated if additional funding should become available for the highway project; the lines would then be in place for the project to be completed. Director Lowry concurred and clarified the project is from John McCain to Centerpark. Discussion occurred regarding the project, Phase I funding, and the additional funding for the rest of the project; and the relocation of the utilities is being funded by the City. Councilmember Muhm questioned staff regarding how the franchise utilities will install their lines. Director Lowry replied the right-of-way is segmented for each utility and therefore, the franchise utilities will work in their right-of-way with specified depths. Councilmember Muhm stated there will typically be just one interruption. Director Lowry concurred and stated there will be many entities involved. Councilmember Taylor questioned City Council regarding the utility pole issue, what has been decided? Mayor Kelly stated the wooden poles have been allocated since they were more cost effective. Director Lowry stated there may be an occasional concrete specialty pole. ➢�.,..,»� § is.�'.: ''�;<gav ' M>�^ "'< ` a 'w<ava^w�.-.�°� � „�' ° <'u: a i.,c `: twt" w� aaaw-�€-x",v^ y°., City Council Minutes April 2, 2013 Mayor Kelly stated he hopes the utility franchises will work on the cross wiring above Colleyville Boulevard. Director Lowry concurred. Discussion occurred regarding the previous discussions about the stock piling of the poles. Mayor Kelly moved to approve Resolution R-13-3615. 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 S. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There were no speakers regarding this item. 9. REPORTS Planning and Zoning Commission Minutes - February 11, 2013 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 2, 2013 - Reading and Public Hearing - Resolution R-13-3616 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 Tern Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor Mayor Kelly adjourned the City Council meeting at 9:06 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 16TH DAY OF APRIL 2013. City Council Minutes April 2, 2013 Minutes taken and prepared by: if As Amy 'V-Iley City Secretary p;r`