HomeMy WebLinkAboutCity Council-Minutes-4/16/2013 % ' � i City of Colleyville City Hall
COLLEYVILLE City Council 100 Main Street
Colleyville,Texas 76034
••, Agenda 817. 503.1000
r; www.colleyville.com
Tuesday, April 16, 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 update regarding pad site activities and operations located
at 7504 Pleasant Run Road by Atlas Resource Partners
PC-2 Presentation and discussion of the Integrated Mosquito Management Program
PC-3 Update on status of water and wastewater infrastructure
PC-4 Mid-year budget presentation
PC-5 Presentation of the Monthly Financial Report - March 2013
PC-6 Discussion of the April 16, 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
City Council Agenda April 16, 2013
RESUME REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Pastor Lee Johnson, Bear Valley 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-13-3617
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Presentation of a donation of a bronze sculpture, "Juliana's Two Loves"
to the Colleyville Public Library by Susan Stark
Proclamation in recognition of the Colleyville Garden Club Promenade
Garden Tour, May 5, 2013 - Susan Taylor, Chair, 2013 Promenade and
Suzanne Hughes, President, Colleyville Garden Club
Proclamation in recognition of Eagle Scout Matthew James Melcher
In recognition of Cross Timbers Middle School Operation H2O
In recognition of Colleyville's featured business - Leslie's Swimming
Pool Supplies, 4908 Colleyville Boulevard, Suite 300, Dave Olson, Store
Manager and Don Blake, District Manager - Mayor David Kelly and
Economic Development Director Marty Wieder
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3618
4a Approval of the minutes of the regular City Council meeting of April 2,
2013
4b Approval of an Engineering Services Agreement with Jerry Parche'
Consulting Engineers, for the design of water and sanitary sewer line
rehabilitation, in the amount of $362,780, and authorize the city
manager to execute the agreement
City Council Agenda April 16, 2013
4c Approval of a construction contract with 3D Paving and Contracting,
LLC, for the Fiscal Year 2013 Sidewalk Improvement Project, in an
amount not to exceed $79,787.50, and authorize the city manager to
execute the contract
4d Approval of an Interlocal Agreement with Tarrant County to expand and
modify the West Nile Virus Surveillance and Response Program, and
authorize the city manager to execute the agreement
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance 0-13-1870
Approval of amending Ordinance 0-92-880 setting fees and charges for
City facilities, Case GC13-006
5b 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
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a Ordinance 0-13-1872
Consideration for a Special Use Permit for a hospital with the primary
use as an emergency room on Lot 1A, Block 1, of the Baylor Health Care
System Addition, and Lot 2R, Block 1, of the Linton Addition located at
5408 and 5500 Colleyville Boulevard, Case ZC13-002
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-13-3619
Approval of a construction contract with APAC-Texas, Inc., for the 2013
pavement rehabilitation project, in the amount of $784,716.12, and
authorize the city manager to execute the contract
7b Resolution R-13-3620
Approval of a preliminary plat for 13.63 acres out of the Elizabeth Cox
Survey, John H. Havens Survey, and the Jesse Doss Survey located in
the 4900 block of Heritage Avenue
City Council Agenda April 16, 2013
8. ORDINANCE(S) CONTINUED: READING AND PUBLIC HEARING
8a 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
8b 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
8c 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
9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
10. REPORTS
Parks and Recreation Advisory Board Meeting Minutes - January 7, 2013
Colleyville Library Board Meeting Minutes - February 11, 2013
Colleyville Events Steering Committee Meeting Minutes - February 27, 2013
Planning and Zoning Commission Meeting Minutes - March 25, 2013
11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 16,
2013 - Reading and Public Hearing - Resolution R-13-3621
12. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, April 12,
2013 by 5:00 p.m.
City Council Agenda April 16, 2013
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Amy elley
City Secretary
Any matter on this agenda may, at the discretion of the governing body, be opened
for public comment and discussion.
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.503.1133, and reasonable accommodations will be made to assist you.
Y City of Colleyville City Hall
COLLEYVILLE City Council 100 Main Street
Colleyville, Texas 76034
Ulf Minutes - Draft 817. 503.1000
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www.colleyville.com
Tuesday, April 16, 2013 City Council Chambers
Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to
order on April 16, 2013, at 5:34 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers
Carol Wollin, Stan Hall, Michael Muhm, Jody Short, and Mike Taylor, City Manager
Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake,
Police Chief Mike Holder, Captain Robert Hinton, Deputy Emergency Management
Coordinator Kenny Phillips, Fire Marshal Robert McKeown, Economic Development
Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne,
Human Resources Director Michelle Reyes, Colleyville Center Manager Leslie Hill,
Public Works Director Bob Lowry, City Engineer Jeremy Hutt, 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 were present.
PC-1 Presentation and update regarding pad site activities and operations located at
7504 Pleasant Run Road by Atlas Resource Partners
Community Development Director Ron Ruthven briefed the City Council regarding
the pad site activities and operations located at 7504 Pleasant Run Road. Mark
Schumacher and Dave Leopold with Atlas Resource Partners were available for
questions.
Mayor Kelly questioned staff regarding the pipeline and who determines when it will
go in place. Mr. Schumacher stated the gas producers will enter into negotiations
with a third party gas gathering company to determine the need for a pipeline.
Mayor Kelly questioned Mr. Schumacher regarding if this will allow completion of the
operation for the gas to begin to move. Mr. Schumacher replied the estimated time
for the pipeline would be 15-18 months.
Councilmember Muhm questioned Mr. Schumacher regarding if the time frame is the
same, regardless of where the pipeline comes from. Mr. Schumacher replied yes.
Councilmember Muhm questioned Mr. Schumacher regarding if the fresh water pond
is still good. Mr. Schumacher replied yes.
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City Council Minutes April 16, 2013
Councilmember Muhm questioned Mr. Schumacher regarding the perforation
process. Mr. Schumacher detailed the perforation process for fracking.
Councilmember Muhm questioned Mr. Schumacher regarding which well bores will be
used this time. Mr. Schumacher replied each of the seven wells. He stated this is
fracking for stage two.
Councilmember Muhm questioned Mr. Schumacher regarding the anticipated
completion date. Mr. Schumacher replied the Special Use Permit expires November
2015, therefore, this will allow them the time needed for the 14 existing wells. He
further explained once the pipeline is routed, the completions will then be staged at
an accelerated process.
Councilmember Muhm questioned Mr. Schumacher regarding if anything will need to
be completed past the November 2015 deadline. Mr. Schumacher replied they are
hopeful more drilling will take place after the 2015 deadline; however, they will have
to seek additional approval for such.
Councilmember Muhm questioned Mr. Schumacher regarding the sound blanket
height. Mr. Schumacher replied the current height is 18 feet. He further explained
the noise blankets have been upgraded since the last installation, per industry
standards.
Councilmember Muhm questioned Mr. Schumacher regarding staff coordination for
truck traffic. Mr. Schumacher replied they delayed their efforts for the completion of
the roundabout construction.
Mayor Pro Tern Hart questioned staff regarding the testing of air quality prior to
fracking. Director Ruthven explained the air quality will be monitored to ensure
compliance with the ordinance and standards.
Councilmember Muhm questioned staff regarding if the monitoring will be the same
as previously performed. Director Ruthven replied yes.
City Manager Jennifer Fadden explained the City will use the same air monitoring
third party scientist as previously used, Kenneth Tramm, to ensure the same data is
received.
Councilmember Taylor questioned Mr. Schumacher regarding the number of stages.
Mr. Schumacher replied there are 10 stages, and they are currently on stage number
two.
Councilmember Taylor questioned Mr. Schumacher regarding if the pipeline can be
stopped or delayed by anyone. Mr. Schumacher replied the pipeline company would
need to be the one to address this question. He further stated the pipeline is a utility
City Council Minutes April 16, 2013
and therefore, they do have rights to serve the public however, he is not an
attorney.
Councilmember Taylor stated Mr. Schumacher appears to have a great deal of
confidence in the future pipeline. Mr. Schumacher replied yes.
Councilmember Hall questioned Mr. Schumacher regarding the placement of the
pipeline. Mr. Schumacher replied the current point of terminus is in North Richland
Hills.
Mayor Kelly questioned staff regarding if a pipeline permit has been submitted to the
City. Director Ruthven replied no, but the third party company will have to submit
for a permit with City Council approval.
Councilmember Hall questioned Mr. Schumacher regarding how the pipeline will be
installed. Mr. Schumacher explained the process of installation with boring and open
trenches.
Councilmember Taylor questioned Mr. Schumacher regarding the diameter of the
pipeline. Mr. Schumacher replied the pipeline will be 12-16 inches in diameter.
Councilmember Taylor questioned Mr. Schumacher regarding if all wells will be
pumping at one time. Mr. Schumacher stated it has the opportunity to pick up other
well sites along the way; however, this site will be the first site into the pipeline.
Councilmember Muhm questioned Mr. Schumacher regarding the Exxon liquid
pipeline. Mr. Schumacher replied we are aware of the pipeline however; it carries jet
fuel to DFW.
Mayor Kelly questioned Mr. Leopold regarding if he will be the point of contact for the
City. Mr. Leopold replied yes.
PC-2 Presentation and discussion of the Integrated Mosquito Management Program
City Engineer Jeremy Hutt presented the draft integrated mosquito management
program.
Mayor Kelly questioned staff regarding if Tarrant County has any issues with testing.
Engineer Hutt replied no, they have actually asked the City to take an additional
testing site.
Councilmember Muhm questioned staff regarding if the sites remain the same.
Engineer Hutt replied yes.
Councilmember Muhm questioned staff regarding how often the testing takes place.
Engineer Hutt replied there are five samples taken, twice a week.
City Council Minutes April 16, 2013
Councilmember Wollin questioned staff regarding if there will be some educational
opportunities for residents, like on the website, etc? Engineer Hutt explained the
ideas staff has for educational materials. Mayor Kelly explained Tarrant County may
have materials.
Councilmember Muhm questioned staff regarding when the season started. Engineer
Hutt replied two weeks ago.
Councilmember Wollin questioned staff regarding how the residents will be notified.
Engineer Hutt replied by the CodeRed system.
Councilmember Wollin questioned staff regarding how many residents are on the
CodeRed system. Engineer Hutt replied he did not know, but he will make sure
everyone gets notified.
City Manager Jennifer Fadden stated there are several thousand numbers within the
CodeRed system.
Councilmember Taylor stated the City is providing a good faith effort to notify the
community, especially since the virus can be contracted outside of the City.
Councilmember Taylor stated there needs to be a great effort regarding the
educational pieces. Engineer Hutt stated the citizens can request a home
assessment be done.
Councilmember Taylor questioned staff regarding if the cable channel can be used for
educational purposes. Mayor Kelly replied yes.
Councilmember Muhm questioned staff regarding if the location of the testing sites
are in the right-of-way. Engineer Hutt replied staff will work with the HOAs and the
fogging applicator to treat areas, especially private property.
Councilmember Muhm questioned staff regarding if the health department has given
an update regarding this subject and what the season will look like. Engineer Hutt
replied the health department has not had any speculation. He stated Tarrant
County is relying on the municipalities to come up with their own individualized
programs.
Mayor Pro Tern Hart questioned staff regarding if CodeRed is the best utilized devise
for communicating with the residents. Engineer Hutt replied it is best for the City to
utilize this system. Mayor Kelly concurred.
Councilmember Muhm questioned staff regarding if the Colleyville Communicator will
be a resource for inviting people to sign up for CodeRed. City Manager Jennifer
Fadden explained the e-Communicator will go out in May.
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City Council Minutes April 16, 2013
Councilmember Hall questioned staff regarding if signing up for CodeRed is
automatic with a water bill. City Manager Jennifer Fadden replied no, residents have
to go online to register for CodeRed.
Mayor Pro Tern Hart stated CodeRed is a great resource.
Councilmember Wollin questioned the timing of the adulticiding, should that be
included. Engineer Hutt replied they will rely on the applicator to recommend the
time of day to apply.
PC-3 Update on status of water and wastewater infrastructure
Public Works Director Bob Lowry presented an update on the status of water and
wastewater infrastructure.
Councilmember Muhm questioned staff regarding the size of the streets to be
reconstructed after the utilities are renewed. Director Lowry replied the streets vary
depending on the location.
Councilmember Muhm questioned staff regarding if the streets will be repaired with
asphalt or concrete. Director Lowry replied staff will do whatever City Council
directs. He stated it will depend on the actual street and whether or not ribbon curbs
or curb and gutter streets are repaired.
Councilmember Hall questioned staff regarding if there are any dangers to the
existing infrastructure since these areas seem to be older. Director Lowry replied he
does not feel there are any dangers.
Councilmember Hall questioned staff regarding the anticipated start time for the far
northwest part of town near Bandit Trail. Director Lowry replied he would
recommend this one to be first, hopefully in 2014, however, it will depend on
funding.
Councilmember Hall questioned staff regarding if the water lines are typically in the
middle of the streets. Director Lowry replied no, most of the time they run along the
edge of the street, but there are a few locations in which they are in the street. He
stated a surveyor will determine the actual location.
Councilmember Muhm questioned staff regarding if there are fire hydrants in the
area. Director Lowry replied staff will replace hydrants when needed and an
additional 24 hydrants will be added and completed in house with staff.
Mayor Pro Tern Hart questioned staff regarding if the fire hydrants are new locations.
Director Lowry replied yes.
City Council Minutes April 16, 2013
Councilmember Muhm questioned staff regarding the number of miles of new lines
Director Lowry replied not knowing exactly, but maybe a couple of miles.
Councilmember Taylor questioned staff regarding if the design cost is typically at this
high of a percentage for the project. Director Lowry replied the design fee i5
typically around 10 percent, which is normal, and this contract includes all four
areas.
Councilmember Muhm questioned staff regarding if the same consultant will be used
for the road construction. Director Lowry replied yes, it is possible.
PC-4 Mid-year budget presentation
Finance Manager Karen Hines presented the mid-year budget update.
Councilmember Muhm questioned staff regarding why the sales tax revenues are
expected to drop. Manager Hines explained the projected sales taxes were a
conservative number and there have been some adjustments made. Mayor Kelly
explained 2012 was a record year and there were utility adjustments made.
Councilmember Muhm questioned staff regarding when are the sales tax revenues
expected to really pop. Mayor Kelly explained if the projections are made too high in
anticipation of the revenues and then it does not make it, then adjustments have to
be made.
Councilmember Taylor said the City has not seen the benefit from the record sales
tax year; it is coming.
Councilmember Muhm questioned staff regarding the Court software. Manager Hines
stated there have been significant improvements made, and there will be more
details provided during the second meeting in May.
Councilmember Muhm stated the software has been a big interference with the
productivity of the court. He stated the vendor should have been better with follow
up with the software.
Councilmember Taylor questioned Councilmember Muhm regarding the concern.
Councilmember Muhm stated the vendor has possibly cost the City some revenue.
Councilmember Hall stated he heard from Judge Newman that the software is
frustrating, but that the Judge does not have to use it, just staff members.
Councilmember Taylor questioned staff regarding if the software is on Keller's end.
City Manager Fadden explained the new software was put in place when the courts
were consolidated. She further stated Encode has been extremely responsive since
they have been made aware of the issues. Assistant City Manager/Chief Financial
City Council Minutes April 16, 2013
Officer Terry Leake explained the City has the latest and greatest version (10) of the
software. She stated once the vendor was put on notice, the vendor has been
responsive and has included training resources, without any cost to the City.
Councilmember Taylor questioned staff regarding if both cities are operating on the
same software. Assistant City Manager/Chief Financial Officer Terry Leake replied
yes. She further explained the process in which both databases were combined.
Councilmember Taylor stated he had requested references for this company.
Assistant City Manager/Chief Financial Officer Terry Leake explained both cities have
had to learn the software and work through some of the issues.
Councilmember Taylor stated this is the first he had heard about such issues.
Councilmember Hall stated these issues should have been resolved since the
software has been used for several months.
Councilmember Taylor stated the vendor should have been better at resolving these
issues. He added there is probably a light at the end of the tunnel.
City Manager Jennifer Fadden stated all warrants have now been entered into the
system; therefore everything is up to date. She stated there are a few other kinks
to work out, but there is not a back log.
PC-5 Presentation of the Monthly Financial Report - March 2013
Finance Manager Karen Hines presented the monthly financial report for March.
Councilmember Muhm questioned staff regarding if the third party vendors are
working. Manager Hines replied yes.
PC-6 Discussion of the April 16, 2013, City Council regular agenda items
Mayor Kelly explained the applicant for agenda item 8a has requested his item to be
withdrawn.
Councilmember Wollin questioned the motion for that item. Mayor Kelly replied the
motion could be to accept the withdrawal or deny the request.
Mayor Kelly explained the applicant for agenda items 8b and 8c have requested
these to be continued to a date specific.
Mayor Kelly adjourned the Pre Council meeting at 6:47 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor Kelly
on April 16, 2013, at 7:41 p.m.
City Council Minutes April 16, 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, Code Enforcement Officer Ky Roby,
Deputy Emergency Management Coordinator Kenny Phillips, Fire Marshal Robert
McKeown, Economic Development Director Marty Wieder, Parks and Recreation and
Library Director Mary Rodne, 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 were present.
1. EXECUTIVE SESSION - In accordance with Texas Government Code
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised by
public hearing or action items on the 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 6:55 p.m. and
reconvened at 7:28 p.m.
INVOCATION: Pastor Lee Johnson, Bear Valley 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-13-3617
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City Council Minutes April 16, 2013
Mayor Kelly read Resolution R-13-3617 in its entirety.
Mayor Kelly opened the public hearing at 7:42 p.m.
There was no one present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 7:42 p.m.
Councilmember Taylor moved to approve Resolution R-13-3617.
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
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 Friends of the Colleyville Public Library Bargain
Book Sale event to be held on Friday, April 19 and Saturday, April 20 on the second
floor of the Library.
Councilmember Wollin announced the Colleyville Public Library new digital service,
Zinio, a gateway to digital publications.
Mayor Kelly announced the biannual Clean Sweep event to be held on Saturday, April
20 either at McPherson Park or Colleyville Heritage High School.
Mayor Kelly announced the annual Old Tyme BBQ event to start on Friday, April 26
through Saturday, April 27.
Mayor Kelly announced the Fire Station Open House on Saturday, May 4.
For more information on all events, please visit www.colleyville.com.
Presentation of a donation of a bronze sculpture, "Juliana's Two Loves" to the
Colleyville Public Library by Susan Stark
Susan Stark donated a bronze sculpture, named "Juliana's Two Loves" to the
Colleyville Public Library. Mayor Kelly and Colleyville Library Director Mary Rodne
thanked Ms. Stark for her donation.
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City Council Minutes April 16, 2013
Proclamation in recognition of the Colleyville Garden Club Promenade Garden
Tour, May 5, 2013 - Susan Taylor, Chair, 2013 Promenade and Suzanne
Hughes, President, Colleyville Garden Club
Mayor Kelly recognized the Colleyville Garden Club Promenade Garden Tour to be
held on May 5, 2013. Susan Taylor, Chair, thanked the City for the proclamation and
recognition.
Proclamation in recognition of Eagle Scout Matthew James Melcher
Mayor Kelly recognized Eagle Scout Matthew James Melcher for his achievements.
In recognition of Cross Timbers Middle School Operation H2O
The Cross Timbers Middle School Operation H2O presented their program.
In recognition of Colleyville's featured business - Leslie's Swimming Pool
Supplies, 4908 Colleyville Boulevard, Suite 300, Dave Olson, Store Manager
and Don Blake, District Manager - Mayor David Kelly and Economic
Development Director Marty Wieder
Mayor Kelly and Economic Development Director Marty Wieder recognized
Colleyville's featured business, Leslie's Swimming Pool Supplies located at 4908
Colleyville Boulevard, Suite 300. Store Manager Dave Olson and District Manager
Don Blake thanked the Mayor and Director Wieder for the recognition.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3618
4a Approval of the minutes of the regular City Council meeting of April 2,
2013
4b Approval of an Engineering Services Agreement with Jerry Parche'
Consulting Engineers, for the design of water and sanitary sewer line
rehabilitation, in the amount of $362,780, and authorize the city manager
to execute the agreement
4c Approval of a construction contract with 3D Paving and Contracting, LLC,
for the Fiscal Year 2013 Sidewalk Improvement Project, in an amount not
to exceed $79,787.50, and authorize the city manager to execute the
contract
4d Approval of an Interlocal Agreement with Tarrant County to expand and
modify the West Nile Virus Surveillance and Response Program, and
authorize the city manager to execute the agreement
City Council Minutes April 16, 2013
Mayor Kelly read Resolution R-13-3618 in its entirety.
Director Lowry updated City Council regarding items 4b, 4c, and 4d.
Councilmember Taylor questioned staff regarding item 4b and why these areas are
important to improve? Director Lowry explained these areas currently have smaller
water lines to service those areas and the rehabilitation program will bring the lines
up to current standards.
Councilmember Hall stated the City is trying to get ahead of any mosquito concerns.
Director Lowry concurred.
Mayor Kelly opened the public hearing at 8:12 p.m.
There was no one present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 8:12 p.m.
Mayor Pro Tern Hart moved to approve Resolution R-13-3618.
Councilmember Wollin seconded the motion.
The motion to approve 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
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a 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 8:17 p.m.
There was no one present wishing to speak regarding this item and Mayor Kelly
closed the public hearing at 8:17 p.m.
Councilmember Wollin moved to approve Ordinance 0-13-1870.
Councilmember Hall seconded the motion.
The motion to approve carried by the following vote:
City Council Minutes April 16, 2013
Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers
Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor
5b Ordinance 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 8:25 p.m.
There was no one present wishing to speak regarding this item and Mayor Kelly
closed the public hearing at 8:25 p.m.
Discussion occurred regarding the issues with being specific with wall footing details.
Councilmember Taylor questioned staff regarding if the reference point diagram
could be placed in the regulations, therefore setting a standard to follow, otherwise
"sound footing" is subjective. Director Ruthven explained a policy could be put in
place to show examples of proper and substandard fencing for the inspectors.
Councilmember Taylor stated most people are going to try and meet those
standards, however, if the standards are not placed in the ordinance, then there will
need to be examples to follow. Mayor Kelly explained the idea is to construct a
quality fence up front.
Councilmember Muhm questioned staff regarding the minimum setback requirements
for the portable buildings, is the setback at least five feet from the property line?
Director Ruthven replied yes, the typical front property line is located approximately
10 feet from the curb.
Mayor Kelly stated he liked the 72 hour with no fee, then anything over 72 hours,
would require a $25.00 fee. He also stated having something bold on the permit
which dictates the penalty for non-compliance of the permit.
Councilmember Taylor stated this is to protect the homeowners around those using
the portable pod structures. He stated being in favor of a time limit of a week.
City Manager Jennifer Fadden added for consideration, a word of caution for staff
being able to actively enforce a 72 hour permit expectation. She stated
administratively staff may not be able to keep up with this.
City Council Minutes April 16, 2013
Councilmember Muhm stated the neighbors will let the City know when the pods
have been in place for a long period of time. Mayor Kelly stated this permit will allow
the City to act upon the removal of the pod, given the restrictions in the permit.
Councilmember Wollin stated being in favor of seven days.
Director Ruthven stated in the case in which a pod already exists, and then the
permit is pulled, the countdown will then begin for enforcement. City Council
concurred.
Director Ruthven explained the ordinance will state a permit is required, however,
there will not be a fee due until after the seventh day.
Mayor Kelly reopened the public hearing at 8:39 p.m.
Kathy Hadley, 204 Timberline Drive North, expressed her concerns for the
regulations for the portable storage units. She hoped City Council will work with the
residents who are using those units like she has in the past.
There was no one else present wishing to speak regarding this item and Mayor Kelly
closed the public hearing at 8:41 p.m.
Mayor Kelly questioned staff regarding if there is construction going on, the pods are
allowed to remain in place. Director Ruthven replied yes.
Councilmember Wollin questioned staff regarding if there should be an appeal
process to go to City Council. Director Ruthven replied since the Zoning Board of
Adjustment will hear the request, their decision is final; therefore if City Council
wants an appeal process, the board considering the request would have to change.
Mayor Kelly stated being in favor of the Zoning Board of Adjustment hearing the
request.
Mayor Kelly moved to approve Ordinance 0-13-1871 with the provisions in
section a, the seven day period is exempt however a permit is required.
Mayor Pro Tern Hart seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers
Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a Ordinance 0-13-1872
City Council Minutes April 16, 2013
Consideration for a Special Use Permit for a hospital with the primary use
as an emergency room on Lot 1A, Block 1, of the Baylor Health Care
System Addition, and Lot 2R, Block 1, of the Linton Addition located at
5408 and 5500 Colleyville Boulevard, Case ZC13-002
Mayor Kelly read the caption of Ordinance 0-13-1872.
Community Development Director Ron Ruthven presented the agenda item and
briefed the City Council.
Mayor Kelly opened the public hearing at 8:50 p.m.
Dudley Carpenter, on behalf of Baylor, presented the agenda item and briefed the
City Council.
There was no one present wishing to speak regarding this item and Mayor Kelly
closed the public hearing at 8:56 p.m.
Councilmember Taylor questioned Mr. Carpenter regarding the tax status, is it for
profit? Mr. Carpenter replied as medical services and goods, there are no sales taxes
generated but the tax base itself is more than retail.
Councilmember Taylor questioned Mr. Carpenter regarding who is the filtering device
regarding the patients who will use this facility. Mr. Carpenter replied currently there
is no ambulance traffic generated to this facility, the patients drive themselves. He
further explained the business principle.
Councilmember Taylor questioned Mr. Carpenter regarding if these services will be
covered under the insurance envelope, or will this be a private pay center. Mr.
Carpenter replied their facility is within the healthcare network.
Councilmember Taylor questioned Mr. Carpenter regarding if this facility will take
non-trauma patients, such as someone injuries themselves in their yard, this facility
is a quicker alternative than driving to a regular emergency room. Mr. Carpenter
replied yes, and the facility will determine, upon arrival, if the injury is more critical
than what they can handle, then the patient will be transported to a facility that can
handle the injury.
Councilmember Taylor questioned Mr. Carpenter regarding if this will be a single
floor facility. Mr. Carpenter replied yes.
Councilmember Taylor questioned Mr. Carpenter regarding the longest time a patient
has stayed in this type of a facility. Mr. Carpenter replied they are not restricted to
how long a patient can or needs to stay. He added it depends on the need of the
patient; however they do not anticipate long term care.
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City Council Minutes April 16, 2013
Mayor Pro Tem Hart questioned Mr. Carpenter regarding if the patient has a choice of
where they would like to be transported. Mr. Carpenter replied yes.
Councilmember Muhm questioned Mr. Carpenter regarding if this facility is similar to
the "doc in a box" facilities. Mr. Carpenter replied they will be open 24 hours a day
seven days a week with an onsite medical physician with higher quality standards.
Councilmember Muhm questioned Mr. Carpenter regarding why someone would go to
this facility versus a regular emergency room. Mr. Carpenter replied this is an
emergency room with greater accessibility, especially during the flu season.
Councilmember Muhm questioned Mr. Carpenter regarding if there are MRI services
provided. Mr. Carpenter replied no and generally there are no outpatient services,
such as imaging provided.
Councilmember Muhm questioned Mr. Carpenter regarding if this facility is meant to
be for overnight stays. Mr. Carpenter replied they have full capability to have
overnight stay.
Councilmember Wollin questioned Mr. Carpenter regarding the capabilities of the
nursing staff. Mr. Carpenter replied yes, they are certified staff, with all nursing
capabilities.
Councilmember Muhm questioned Mr. Carpenter regarding if insurance is accepted.
Mr. Carpenter replied yes, however, the patients are treated first.
Councilmember Wollin questioned Mr. Carpenter regarding what type of certification
is needed before the facility can open. Mr. Carpenter replied a hospital state license,
pharmacy, radiology, and others.
Councilmember Muhm questioned Mr. Carpenter regarding if prescriptions can be
given. Mr. Carpenter replied for the patients of the facility, however, they do not
compete with other pharmaceutical facilities.
Councilmember Muhm questioned Mr. Carpenter regarding how long the other
facilities in Aubrey and Little Elm have been open. Mr. Carpenter replied since 2008,
and then rebranded to a Baylor facility last year.
Councilmember Muhm stated this has the Baylor brand but who is actually running
the facility. Mr. Carpenter replied Emerus, under the Baylor umbrella.
Councilmember Muhm questioned Mr. Carpenter regarding the drive up side. Mr.
Carpenter replied it is utilized for patients.
Councilmember Muhm questioned Mr. Carpenter regarding if the Colleyville Fire
Department could utilize this facility. Mr. Carpenter replied if the patient wanted to
City Council Minutes April 16, 2013
use this facility, they would have that option, and if the Fire Department felt this
would be in the best interest of the patient. He stated the medical director would
typically make that determination for the patient.
Councilmember Muhm questioned Mr. Carpenter regarding if the ambulance contract.
Mr. Carpenter replied if the ambulance company did not have a contract or
agreement in place with taking patients to larger based facility, then they would be
able to take patients to this facility, however, those relationships are in place with
the medical director, therefore, the patient can be taken to this facility.
Mr. Carpenter replied they are not trying to take the place of calling 9-1-1.
Councilmember Taylor questioned Mr. Carpenter regarding cardiac treatment. Mr.
Carpenter replied if you are having a stroke or heart attack, the ambulance will take
you to the larger facility. However, he added, if you are in our facility and having a
heart attack, measures are in place to make you the priority and then transport you
to the larger facility.
Mayor Kelly questioned Mr. Carpenter regarding the native blackjack oak trees, is it
possible to move them to another location versus cut down? Mr. Carpenter replied
they are not against those conversations, however, he does not know for sure if they
can move them.
Leonard Reeves, Studio 13 Design Group, landscape architect, came forward to
explain the process in which to move the blackjack oak trees. Mayor Kelly stated he
would like more information regarding the trees at the next meeting.
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-13-3619
Approval of a construction contract with APAC-Texas, Inc., for the 2013
pavement rehabilitation project, in the amount of $784,716.12, and
authorize the city manager to execute the contract
Mayor Kelly read Resolution R-13-3619 in its entirety.
Public Works Director Bob Lowry presented the agenda item and briefed the City
Council.
Mayor Kelly opened the public hearing at 9:25 p.m.
There was no one present wishing to speak regarding this item and Mayor Kelly
closed the public hearing at 9:25 p.m.
City Council Minutes April 16, 2013
Councilmember Muhm questioned staff regarding if Kenshire Drive will be concrete.
Director Lowry replied there will be a short section of asphalt but more will be put
back with the same materials.
Mayor Kelly questioned staff regarding the time frame for the completion of
Windview Estates. Director Lowery replied approximately 45 days from start to
finish.
Mayor Kelly moved to approve Resolution R-13-3619. 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
7b Resolution R-13-3620
Approval of a preliminary plat for 13.63 acres out of the Elizabeth Cox
Survey, John H. Havens Survey, and the Jesse Doss Survey located in the
4900 block of Heritage Avenue
Mayor Kelly read Resolution R-13-3620 in its entirety.
Community Development Director Ron Ruthven presented the agenda item and
briefed the City Council.
Mayor Kelly opened the public hearing at 9:28 p.m.
There was no one present wishing to speak regarding this item and Mayor Kelly
closed the public hearing at 9:28 p.m.
Councilmember Muhm questioned staff regarding if this is the same plat previously
presented to City Council. Director Ruthven replied yes.
Councilmember Muhm questioned staff regarding if this plat includes both residential
and commercial. Director Ruthven replied yes, only what is in the common
ownership in which they represent.
Discussion occurred between City Council and staff regarding the exact lots included
on this plat.
City Attorney Matthew Boyle stated the City Council must approve a plat which
meets the requirements of the Land Development Code and the zoning ordinance.
Mayor Kelly moved to approve Resolution R-13-3620. Mayor Pro Tern Hart
seconded the motion.
City Council Minutes April 16, 2013
Councilmember Hall stated if City Council has to approve plats which meet these
requirements, then the code should be written so that staff can approve plats.
The motion to approve carried by the following vote:
Aye: 6 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers
Carol Wollin, Stan Hall, Jody Short, and Mike Taylor
Nay: 1 — Councilmember Michael Muhm
8. ORDINANCE(S) CONTINUED: READING AND PUBLIC HEARING
8a 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.
Community Development Director Ron Ruthven explained the applicant has
requested this item be withdrawn.
Mayor Kelly opened the public hearing at 8:14 p.m.
Mayor Kelly closed the public hearing at 8:14 p.m.
Mayor Kelly moved to deny Ordinance 0-13-1865. Councilmember Muhm
seconded the motion.
Councilmember Wollin questioned staff regarding the difference between denying the
request and accepting the withdrawal for filing again. City Attorney Matthew Boyle
replied in the case of a denial, the prejudice would apply to an identical or a
substantially similar application.
Councilmember Hall questioned City Council regarding if the denial will not allow the
applicant to bring forward another request. Mayor Kelly replied not with the same
request.
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
8b 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,
City Council Minutes April 16, 2013
Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive,
Case ZC12-025
Mayor Kelly moved to continue this item, with a public hearing, to the May
7, 2013 meeting. Councilmember Wollin seconded the motion.
The motion to continue this item to the May 7, 2013 meeting 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
8c 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
Mayor Kelly moved to continue this item, with a public hearing, to the May
7, 2013 meeting. Councilmember Wollin seconded the motion.
The motion to continue this item to the May 7, 2013 meeting carried by the
following vote:
Aye: 7 - Mayor David Kelly, Mayor Pro Tem Torn Hart, and Councilmembers
Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor
9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no one present wishing to speak regarding this item.
10. REPORTS
Parks and Recreation Advisory Board Meeting Minutes - January 7, 2013
Colleyville Library Board Meeting Minutes - February 11, 2013
Colleyville Events Steering Committee Meeting Minutes - February 27, 2013
Planning and Zoning Commission Meeting Minutes - March 25, 2013
There was no discussion of this item.
11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 16,
2013 - Reading and Public Hearing - Resolution R-13-3621
City Council Minutes April 16, 2013
This resolution was not needed.
12. ADJOURNMENT
There being no further business before the City Council, Councilmember Muhm
moved to adjourn, and Councilmember Taylor seconded the motion.
The motion carried with the following vote:
Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers
Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor
Mayor Kelly adjourned the City Council meeting at 9:37 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 7TH
DAY OF MAY 2013.
M'nutes taken and prepared by:
41 ; AO
Amy SO-Hey
City Secretary