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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 ill , A Ii \ ��► • 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 f. X Is 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. :i .a•, i �e s d _ :t_;III' ' , v� � ' . ` "°° �a '. c «.& � �- x .'' 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. .:: e ,>.>, ` _ 3 j � �y 1 a, ...-z ',d•� ��> wr z .&�u�m " .� ^ .J1' xF° � s tee,x� "� `t, � xr 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 � E fr;: ` .��+A•*#::,�`.` �h Sia s :'f' � Fw� a,x s�au�v� :< �s ."` ��, .� x:rte. �,'.-,` - ms's , `«"d..� Y-„�'�a >s.,. 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. `'y ys..:�� >"§'„j F'. ;x 3,e'� .. -.-�da ,,�•;Sm -�....k7" p+S Q-',.; E-`-RS-a�' :: dr` p..Y: xs,�,n+i ' �°^ ..�°a, 7 « r '�. iw4,•.. 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. .:..3 k ; �-s-S-A„• ,tee, ,..`F, T� ''�'. .a '..;. ,g, a�u�swr +,;;�.«" ��;5„'= ,+,.4 r -gy y. . ;,W..,4 9 `�.?;�,,,.„-'; 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