HomeMy WebLinkAboutCity Council-Minutes-6/18/2013 (2)
City of Colleyville
City Council
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, June 18, 2013 City Council Chambers
Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to
order on June 18, 2013, at 5:32 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart.
City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Interim Fire Chief Clif
Nelson, Economic Development Director Marty Wieder, Parks and Recreation and
Library Director Mary Rodne, Human Resources Director Michelle Reyes, Colleyville
Center Manager Leslie Hill, Public Works Director Bob Lowry, City Engineer Jeremy
Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven,
Communications and Marketing Director Mona Gandy, Parks Superintendent Tim
Hightshoe, Strategic Services Manager Adrienne Lothery, Information Systems
Manager Chris Pena, City Attorney Cathy Cunningham, and City Secretary Amy
Shelley.
PC-1 Update regarding activities and programs from the Colleyville Area Chamber of
Commerce
Jenna Waters, Colleyville Area Chamber of Commerce President, updated the City
Council regarding activities and programs. She also thanked the City for their
continued support.
Mayor Pro Tem Taylor questioned Ms. Waters regarding if all meetings could be held
at the Colleyville Center. Ms. Waters stated they like to spread out the meetings so
that all members may also enjoy the retailers outside of the Colleyville area, and all
events need to be able to fit at the Colleyville Center.
Mayor Pro Tem Taylor stated he is specifically asking about the luncheons so that
they are held in a consistent location. Ms. Waters stated there are many restaurants
outside of this area, and therefore, the Chamber tries to allow for all members to
benefit from the attendance at the luncheons.
Mayor Kelly stated he thought there were a couple of issues with long standing
members. Ms. Waters expressed her appreciation to the Colleyville Center for being
flexible.
Councilmember Hall stated he would like for the Chamber to help attract new
businesses to Colleyville, and work closely with the Economic Development
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Department and their endeavors. Ms. Waters stated her background is with
Economic Development, and that the Chamber and the City are on the right track
with their partnership to help generate and attract new businesses.
Councilmember Hart stated this was a great presentation from the Chamber.
Councilmember Wollin stated she went through Leadership Colleyville in 1992 and it
helped her to become involved in her community.
Councilmember Mogged questioned Ms. Waters regarding when she anticipates
rescheduling the legislative luncheon. Ms. Waters stated she had hoped it would be
before the July 4th holiday.
Mayor Kelly stated there may be two additional special legislative sessions.
PC-2 Presentation and update on the Public Works Department
Public Works Director Bob Lowry presented an update regarding the Public Works
Department to City Council.
Mayor Pro Tem Taylor questioned staff regarding what steps have been taken to
ensure the quality of construction. Director Lowry explained they have made an
offer to a construction manager to begin in July, and they have requested a new
inspector position in the 2014 budget.
Councilmember Hall questioned staff regarding the Opticom system repairs. Director
Lowry explained the systems are located on all of the public safety vehicles.
Councilmember Hall questioned staff regarding the homeowner associations and
estate lots with gates and Opticom systems. City Manager Jennifer Fadden explained
there was minimal interest in those homeowners associations to have Opticom
installed on those gates.
Councilmember Hall questioned staff regarding if most homeowner associations have
the Opticom systems. City Manager Jennifer Fadden replied yes. Mayor Kelly added
the homeowner associations and estate lot homeowners are now aware of the
liability factor with delayed access.
Councilmember Mogged questioned staff regarding why the round-a-bout at Jackson
and Cheek-Sparger Road is not included in the 2013 project list. Director Lowry
explained this is a work in progress, and stated Bedford was not initially a fan of
round-a-bouts. Mayor Kelly explained Bedford is now familiar with round-a-bouts.
Mayor Pro Tem Taylor questioned staff regarding how many bridges and creeks are
actually on Heritage Avenue. Director Lowry explained there are three creeks and
one major bridge over Little Bear Creek.
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Councilmember Hart questioned staff regarding if the illegal dumping has stopped.
Director Lowry replied no.
Mayor Pro Tem Taylor stated becoming a fan of asphalt streets, especially if the
streets are properly built. He stated there were times where concrete streets were in
more demand than asphalt streets.
Mayor Pro Tem Taylor stated not seeing asphalt streets run with linear failure like
concrete streets do. Director Lowry explained the construction of an asphalt street
and that the cracks can be properly treated and done very inexpensively.
Mayor Pro Tem Taylor questioned staff regarding if concrete may be used at
intersections to eliminate the rubbing and rutting in the street. Director Lowry
replied using concrete at the intersections and asphalt for the remainder of the
streets, is very common.
Councilmember Hart questioned staff regarding “smart water meters.” Director
Lowry replied yes, they do exist.
Councilmember Hart questioned staff regarding if the City is currently using those
meters. Director Lowry replied no, however, an energy study is currently being
done, all over the City, to ensure best practices are being used.
Councilmember Hart questioned staff regarding the valves to be maintained.
Director Lowry replied they are exercising the valves to ensure those valves are
maintained since they are used infrequently.
Councilmember Short questioned staff regarding the tracking for the maintaining of
ditches. Director Lowry replied staff has created a list of those properties in which
the City has, in the past, maintained, and as of December 2013, those properties will
no longer be maintained.
Councilmember Hall questioned staff regarding how many properties have been
maintained by the City. Director Lowry replied over 100 properties. Mayor Kelly
added these properties have been maintained by the City for no apparent reason.
Mayor Kelly expressed his appreciation to Director Lowry and his department.
Director Lowry thanked the Mayor.
Mayor Pro Tem Taylor questioned if those smart meters are for every resident or just
City facilities. Councilmember Hart stated mostly every resident. Director Lowry
explained the way the smart meters are read and installed.
Mayor Pro Tem Taylor stated with technology today, people want to be able to
monitor their own usage, and it will help with centralizing the reading process.
Director Lowry replied there are capital costs in which to implement such meters.
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Councilmember Hart stated the conservation and usage of water can be monitored.
Director Lowry concurred.
PC-3 Presentation and update on the Bidault House
Communications and Marketing Director Mona Gandy presented an update regarding
the Bidault House. Joe Dupree, Historical Preservation Committee President, was
also present to answer questions.
Mayor Kelly questioned staff regarding if any volunteer hours could be used for these
improvements. Director Gandy explained the use of volunteers was discussed
however, it was decided not to use volunteers for the updates to this investment.
Public Works Director Bob Lowry added those services really need to be done by
bonded and insured contractors.
Councilmember Hall questioned staff regarding the roof type. Mayor Kelly replied it
is a composition roof type.
Councilmember Mogged questioned staff regarding the condition of the substructure
and will it be good enough to handle new shingles? Director Lowry replied the
inspection and condition of the existing roof will be part of the roofing contract and a
contingency of the condition.
Councilmember Hall questioned staff regarding the widow’s walk. Director Gandy
explained the widow’s walk is currently constructed with 2 x 4’s versus the original
spindles.
Councilmember Hall questioned staff regarding how the widow’s walk is accessed.
Director Gandy replied it is accessed by the outside.
Councilmember Hall questioned staff regarding how the widow’s would have
accessed the walk, in the past. Director Gandy explained there is no access from
inside the house however, if there was access in the past, staff has not been able to
locate this access.
Mayor Pro Tem Taylor questioned staff regarding exterior lighting on the structure,
especially at night, such as landscape lighting. Director Gandy stated staff will
evaluate the lighting and the cost of such.
Councilmember Wollin stated she would like to ensure the historical aspect will not
be lost. She added she would like the porch ceiling to be painted blue, so that bugs
will not nest in the ceiling, since the bugs think it is sky.
Mayor Pro Tem Taylor stated this can be a destination location.
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Councilmember Hall stated it is a great investment from the Colleyville Tomorrow
Fund.
Mayor Kelly stated enough money will need to be allocated for adding the lights.
Councilmembers concurred staff should have enough to add the lights. City Manager
Fadden explained the City Council will have to approve a contract since the funds
have not been appropriated for this project.
Councilmember Hall questioned staff regarding signage. Director Gandy stated
currently no signage exists, but appropriate signage will be determined once the
updates have been made.
Mayor Kelly stated there is a metal guard at the southwest corner of Bluebonnet and
Glade Road, could it be painted. Director Gandy replied yes.
Mayor Kelly stated the well house should be painted as well. Director Gandy replied
the well house will be included.
Mayor Pro Tem Taylor stated the carriage house and garage should be painted.
Director Gandy replied yes.
Councilmember Wollin questioned the fencing. Director Gandy stated the fencing is
not included in this portion of the recommendations.
Councilmember Hart stated these are great first steps to the property updates.
Councilmember Mogged stated this is maintenance to an investment the City has
made.
Mayor Pro Tem Taylor questioned staff regarding the basement, is it staying dry?
Director Gandy replied yes.
PC-4 Discussion and designation of a voting representative to the North Central
Texas Council of Governments (NCTCOG)
Mayor Kelly explained the designation of the voting representative to the North
Central Texas Council of Governments (NCTCOG). Councilmember Hart stated being
in favor of the Mayor and have the designation run concurrent with the member’s
term.
PC-5 Discussion of the August City Council meeting dates
City Manager Jennifer Fadden explained the City Council meeting dates in August
and explained because of the budget worksession, there would be three meetings in
a row in August. She explained staff is recommending cancelling the August 6th
meeting and meet on August 13 and 20.
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Mayor Pro Tem Taylor suggested cancelling the August 13th meeting so that the
schedule could remain as August 6 and 20. City Manager Jennifer Fadden explained
the budget worksession is scheduled for August 13, and would not be ready to
present at the August 6th meeting.
Councilmember Wollin questioned staff regarding the start time for the August 13
budget worksession. City Manager Jennifer Fadden explained the meeting would
begin at 6:00 p.m. She further explained that the CEDC worksession would begin at
5:00 p.m. the same evening.
Councilmember Hart questioned staff regarding if the August 13th meeting would
count as a regular meeting. City Manager Jennifer Fadden replied yes and further
explained the City Attorney has cleared the meeting.
Councilmember Hall questioned staff regarding if a budget worksession for June 26 is
still scheduled. City Manager Jennifer Fadden replied yes.
Councilmember Hall questioned staff regarding if the meeting will take place in the
City Council Chambers. City Manager Jennifer Fadden replied the meeting will take
place in the Executive Conference Room.
PC-6 Presentation of the Monthly Financial Report - May 2013
Finance Manager Karen Hines presented the May 2013 Financial Report.
Councilmember Mogged questioned staff regarding the projected ad valorem revenue
and the negative variance this time. Finance Manager Karen Hines replied the
projected variance is based on the amount and timing of payments received at this
same time, last year.
PC-7 Discussion of the June 18, 2013, City Council regular agenda items
Mayor Kelly explained the recusal for Councilmembers regarding the agenda items.
Councilmember Hall questioned staff regarding if any items will require a super
majority vote. Mayor Kelly replied no.
Councilmember Hall questioned staff regarding the sidewalk waiver requests
remaining after this meeting. Community Development Director Ron Ruthven replied
one more remains.
Mayor Kelly adjourned the Pre Council meeting at 7:06 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor Kelly
on June 4, 2013, at 7:38 p.m.
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ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart.
City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Interim Fire Chief Clif
Nelson, Economic Development Director Marty Wieder, Public Works Director Bob
Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven,
Community Development Coordinator Darren Cain, Communications and Marketing
Director Mona Gandy, Information Systems Manager Chris Pena, Strategic Services
Manager Adrienne Lothery, City Attorney Matthew Boyle, and City Secretary Amy
Shelley.
1. EXECUTIVE SESSION - In accordance with Texas Government Code
Chapter 551, Subchapter D
Section 551.071 - Legal - Consultation with attorney on legal issues raised by
public hearing or action items on the agenda
Section 551.072 - 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 551.072, Real Estate, and Section 551.087, Economic
Development. He further explained there would be no decisions made or
action taken during this time. The meeting was recessed at 7:06 p.m. and
reconvened at 7:27 p.m.
INVOCATION: Pastor Dave Jung, Crown of Life Church
PLEDGE OF ALLEGIANCE: City Attorney Cathy Cunningham
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S)
NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION -
Resolution R-13-3638
This resolution was not needed.
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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 initial meeting for the Senior Center
rebranding meeting to take place on Thursday, June 20, 2013 at 6:00 p.m. at the
Colleyville Center, located at 5301 Riverwalk Drive. She encouraged the public to
attend this meeting for input and suggestions for the Senior Center.
Mayor Kelly announced the Red, White, and Sousa event to be held on Friday, June
28, 2013 in the Village at Colleyville. He explained the grounds open at 6:00 p.m.
with the concert to begin at 8:00 p.m.
In recognition of Colleyville's featured business - Yard Art Patio & Fireplace,
6407 Colleyville Boulevard, Butch, Garrett, and Geneva Wallace and Deborah
Scott - Mayor David Kelly and Economic Development Director Marty Wieder
Mayor Kelly and Economic Development Director Marty Wieder recognized Butch,
Garrett, and Geneva Wallace and Deborah Scott of Yard Art Patio & Fireplace. Butch
Wallace expressed his appreciation to the City for this recognition.
Recognition of employees' years of service
Mayor Kelly recognized Greg Balandran, Meter Reader; Nathan Brown, Field
Technician; Michelle Reyes, Human Resources Manager; and Ricardo Valdez, Field
Technician and Vicki Welch, Circulation/Tech Assistant, for their years of service.
Recognition of employee achievements
Mayor Kelly recognized the following employees for their achievements:
Homer Cruse, Equipment Operator, who finished first in the Gradall competition,
during the construction equipment ROAD-E-O.
Robert Lynch, Field Operations Supervisor, for earning the All Around Equipment
Operator of the Year during the construction equipment ROAD-E-O.
Rick Mosholder, Mechanic, for becoming recertified in engine repair, manual drive
train and axles, suspension and steering, and brakes.
Taci Wrisley, Planning and Zoning Assistant, graduated with an Associate of Arts
Degree from Tarrant County College.
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Mayor Kelly recognized the City receiving the North Central Texas Council of
Government’s Regional Cooperation Award for the combination of the City of
Colleyville and the city of Keller Municipal Court.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3639
4a Approval of the minutes of the regular City Council meeting of June 4,
2013
4b Approval of a change order to the existing construction contract with 3D
Paving and Contracting, LLC, for the Fiscal Year 2013 Miscellaneous
Concrete Repair Contract, in an amount not to exceed $115,000, and
authorize the city manager to execute the change order
4c Approval of a contract with Vector Disease Control International (VDCI),
for mosquito control ground spraying, and authorize the city manager to
execute the contract
4d Approval of a contract with Stripe-A-Zone, Inc., in an amount not to
exceed $105,332.42, for replacement of worn out pavement markings at
various locations throughout the City, and authorize the city manager to
execute the contract
Mayor Kelly read Resolution R-13-3639 in its entirety.
Mayor Kelly opened the public hearing at 7:53 p.m.
There was no one present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 7:53 p.m.
Councilmember Wollin moved to approve Resolution R-13-3639.
Councilmember Hall seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and
Tom Hart
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-13-1875
Consideration for a zoning change from AG-Agricultural to PUD-R-Planned
Unit Development Residential on 53.2 acres on Tracts 1F and 1G, Abstract
1038 of the Hall Medlin Survey and Tracts 1A02 and 1C, Abstract 295 of
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the William E. Crooks Survey located at 7612 and 7624 Pleasant Run
Road, Case ZC13-001
Councilmember Short recused himself from consideration of this item due to a
conflict of interest.
Mayor Kelly read the caption of Ordinance O-13-1875.
Community Development Director Ron Ruthven presented the agenda item and
briefed the City Council.
Mayor Kelly opened the public hearing at 7:58 p.m.
Chas Fitzgerald, the applicant and representative of Wilbow Corporation, came
forward to present the agenda item and brief the City Council.
James Spisak, 105 Franklin Court, spoke with concerns for Harrison Lane to remain
an emergency access lane only, the gas drilling sunset restriction, and the proposed
lot sizes. Mr. Spisak’s speaker card indicates he is in opposition to this request.
Michael Fitzpatrick, 7604 Jefferson Circle, spoke with concerns for the 300 foot
setback, the use of the park land area, the proposed lot sizes, and fencing. Mr.
Fitzpatrick’s speaker card indicates he is in opposition to this request.
Bob Tuttle, 202 Madison Square, spoke with concerns for fencing, Harrison Drive,
cut-through traffic, and mineral rights. Mr. Tuttle’s speaker card indicates he is in
opposition to this request.
Lanese Turner, 205 Madison Square, stated being concerned about the fencing, lot
sizes, and the sunset date. She added she would prefer this item to be tabled so that
the developer can address the concerns of the Monticello subdivision. Ms. Turner’s
speaker card indicates she is in opposition to this request.
There were no others wishing to speak and Mayor Kelly closed the public hearing at
8:19 p.m.
Councilmember Wollin questioned Atlas Resource Partners regarding the sunset date
and the need for such. Mark Shumacher, Executive Vice President of Atlas Resource
Partners, came forward and explained their process regarding the expiration of the
Special Use Permit, and any future Special Use Permits. He stated Atlas does not
agree with the proposed sunset date, nor do they agree with having to receive
waivers from any future residents within the 1,000 feet of the existing gas well site.
He stated the 2030 date was given as a guideline however, he explained Atlas is not
in favor of such sunset deadlines.
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Mayor Kelly added this was his initial concern for the future neighbors, their rights as
homeowners, and their input. He stated wanting the future neighbors to be aware of
such restrictions in the Special Use Permits. He stated he wants full disclosure of
such uses for the future neighbors.
Mayor Kelly questioned Mr. Shumacher regarding if the gas is replenished after it is
taken out. Mr. Shumacher replied no, but that a single well will drain initially about
20 percent of the gas in place, therefore more wells are drilled with an orderly
development.
Mayor Kelly stated his concerns are the homes within the 1,000 feet; that those
homeowners are knowingly purchasing properties within this distance to a gas well
site.
Councilmember Wollin stated restrictions cannot be put in place that does not allow
the current homeowners to achieve the royalties already put in place.
Councilmember Wollin stated being concerned with a sunset date, even of 2030,
given that technology has improved over time. She added she does not want to bind
the current homeowners receiving their royalties.
Councilmember Mogged questioned Mr. Shumacher regarding what events take place
that can be seen in the 300 foot setback versus the 1,000 foot setback. Mr.
Shumacher stated it is primarily a safety factor. He stated the state of Texas has a
200 foot setback requirement therefore; the City has implemented a setback in
which they are comfortable with setting. He stated not knowing of specific field
operation issues or impact, other than noise, but sound blankets are put in place to
limit the noise.
Councilmember Wollin questioned Mr. Shumacher regarding if the gas well operator
is required to carry a certain amount of insurance since there may be homes within
the 300 feet. Mr. Shumacher replied no. He added as long as the gas well operator
is operating under regulatory guidelines, they are covered by the same insurance.
Councilmember Hart questioned Mr. Shumacher regarding the life cycle of a typical
well. Mr. Shumacher replied anywhere between 40 and 50 years.
Councilmember Hart questioned Mr. Shumacher regarding if extra sound blankets
will be installed in future drillings. Mr. Shumacher replied they will be in full
compliance of the ordinance regulations regarding any noise issues.
Mayor Kelly explained upon expiration of the current Special Use Permit for the
current gas well site, the gas well operator will be required to apply for another
Special Use Permit and therefore, the City Council may or may not agree with such.
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Councilmember Hall questioned staff regarding if there is some legal reason as to
why the 2030 sunset regulation is in the ordinance. City Attorney Cathy
Cunningham replied the 2030 sunset regulation was put in as a place holder in the
anticipation of a time restriction.
Mayor Pro Tem Taylor stated the gas well site has the preemptive authority as it was
granted on day one and the ordinance should reflect such. He explained technology
is changing daily, but approval is given on what is known today.
Councilmember Wollin questioned staff regarding if the noise has to be maintained,
as it is currently stated in the ordinance, for any homes located in either the 300 foot
or 1,000 foot setbacks. Director Ruthven stated the existing ordinance regarding
noise regulations, will apply.
Councilmember Wollin questioned staff regarding the “rider”, and does this apply to
the homeowners association and the current or future developers. City Attorney
Cunningham replied it would apply to all, as currently written. She explained the
ordinance language and how it could be reflected to cover all.
Councilmember Hall questioned Mr. Shumacher regarding if the proposed pipeline
can be drilled underneath developed property. Mr. Shumacher replied the pipeline
can be drilled underneath the properties by a boring process.
Councilmember Hall questioned Mr. Shumacher regarding the depth of the pipeline.
Mr. Shumacher replied the depth could be anywhere from four to eight feet. He
further explained the pipeline driller will do their best not to drill directly underneath
an existing home.
Mayor Kelly stated the pipeline industry is restricted by the state regulatory and not
so much a municipality restriction. Mr. Shumacher concurred.
Councilmember Hall questioned staff regarding sidewalks and trails; can these
monies be used specifically for this area? City Manager Jennifer Fadden and Director
Ruthven explained those monies may be used anywhere within Neighborhood District
6.
Mayor Kelly stated the developer is willing to put in the required sidewalks and trails;
however, the developer wants to use the park land dedication funds toward the
construction of such sidewalks and trails. Director Ruthven explained the park land
dedication purpose.
Mayor Kelly questioned staff regarding if the individual homeowners could cut down
trees located within the buffer area. Director Ruthven replied correct. Mayor Kelly
stated he would like for this area to be preserved, therefore, removing the reference
to Chapter 5 – Tree Preservation of the Land Development Code. Director Ruthven
explained the ordinance options.
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Councilmember Mogged questioned staff regarding if the tree dies the homeowner
has to receive permission to remove the tree. Director Ruthven replied homeowners
are required to receive a tree removal permit to remove any tree.
Mayor Kelly states this negates the tree buffer. Mayor Pro Tem Taylor stated
everyone has a different opinion of trees. He stated delineations needs to be put in
place for the existing trees within this buffer area.
Councilmember Hall questioned staff regarding the tree issue. Mayor Kelly stated
the ten foot tree buffer should be maintained.
Mayor Pro Tem Taylor questioned staff regarding if the tree survey will protect the
tree buffer. Director Ruthven stated the tree buffer can be shown on the plat as a
tree buffer area.
Mayor Kelly stated disclosure would need to be addressed at the time of purchase of
the tree buffer area.
Mayor Pro Tem Taylor stated needing clarification on the fencing issue. Mayor Kelly
stated the new homeowners may not wish to look at someone else’s back yard;
therefore a wood fence may be installed, rather than a wrought iron fence.
Mayor Pro Tem Taylor stated having mixed views about Harrison Lane being either
open or an emergency access only. Mayor Kelly stated cutting through Harrison
Lane to Pleasant Run Road does not seem like the likely option.
Councilmember Hall stated being in favor of leaving Harrison Lane open since cutting
through to Pleasant Run Road is out of the way.
Mayor Kelly stated being in favor of keeping Harrison Lane open.
Mayor Pro Tem Taylor questioned Mr. Fitzgerald regarding the front setback, no less
than a 25 foot front setback; what is the maximum setback needed? Mr. Fitzgerald
stated the setback allowance, as written in the ordinance, will suffice.
Mayor Pro Tem Taylor stated having a concern for a setback closer than a 25 foot
front setback.
Mayor Pro Tem Taylor questioned staff regarding the setback measurement.
Director Ruthven explained the setback is measured from the edge of the property
line, not from the edge of the curb.
Mayor Kelly questioned staff regarding the setback for the Bridges at Riverwalk.
Director Ruthven replied a 15 foot front setback.
Mayor Kelly stated wanting to be as close to a 30 foot front setback as possible.
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Councilmember Wollin stated being uncomfortable with the lot sizes being 13,000
square feet adjacent to the Monticello development. Mayor Kelly and Mayor Pro Tem
Taylor agreed that the Monticello front yards are not as wide as the back yard of
those lots because the lots in Monticello are on a curved street versus a straight
street like the ones being proposed. Councilmember Wollin stated being in favor of
16,000 square foot minimum lot sizes.
Councilmember Hall moved to approve Ordinance O-13-1875 with the
following amendments: the expression until January 1, 2030 is removed
from paragraph 10a; that in section 8e, regarding the 10 foot tree buffer,
remove the reference to Chapter 5 – Tree Preservation in the Land
Development Code and reword it to the following, all trees located within
said buffer area shall be preserved and placed as shown on the plot plan
and shall not be removed from the buffer without a tree removal permit.
Section 5(8)C(5) of the Land Development Code exempting residents from
the removal requirements shall not apply to said buffer area; and section
4(a)(3), the distance from the paved portion of the street, to the back of the
curb, is at least 30 feet. Councilmember Hart seconded the motion.
Mayor Kelly questioned staff regarding the Pleasant Run Road trail is it to be
escrowed in the current ordinance. Director Ruthven replied yes.
Councilmember Wollin made a friendly amendment to have the new site
plan, as shown by the developer during the presentation given this evening,
added to the ordinance as the conceptual site plan. Both Councilmember
Hall and Hart agreed to the friendly amendment.
Mayor Kelly expressed his appreciation to the developer and the Monticello
homeowners for working together on this development.
The motion to approve carried by the following vote:
Aye: 5 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers, Chuck Mogged, Stan Hall, and Tom Hart
Nay: 1 - Councilmember Carol Wollin
Abstain: 1 – Councilmember Jody Short
Mayor Kelly recessed the meeting at 9:27 p.m.
Councilmember Wollin excused herself from the meeting due to being ill.
Mayor Pro Tem Taylor reconvened the meeting at 9:34 p.m.
5b Ordinance O-13-1876
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Consideration for a zoning change from R40-Single Family Residential to
PUD-C-Planned Unit Development Commercial on Lot 5, Block 3, of the
Southgate Addition located at 3709 Wayne Drive; and approval of an
amendment to the PUD-C-Planned Unit Development Commercial zoning
and development requirements on Lots 1 and 2, Block 1, of the Covenant
Christian Academy Addition, and Lot 1R, of the Colleyville Presbyterian
Church Addition located at 715 and 901 Cheek-Sparger Road, Case ZC13-
004
Mayor Kelly recused himself from consideration of this item due to a conflict of
interest.
Mayor Pro Tem Mike Taylor read the caption of Ordinance O-13-1876.
Community Development Director Ron Ruthven presented the agenda item and
briefed the City Council.
Mayor Pro Tem Taylor opened the public hearing at 9:37 p.m.
Keith Castello, the applicant and Headmaster from Covenant Christian Academy, and
Rusty Beam, the Facilities Director for Covenant Christian Academy, presented the
agenda item and briefed the City Council.
Steve Turner, 1512 Cherry Lane, spoke in support of this request.
Sharon Dickson, 3813 Fox Hollow Drive, Bedford stated being concerned about the
following items: football and baseball field lighting; the retaining wall; the proposed
fire lane to the west side of the property; and the planting of smaller trees, which
will replace large, mature trees.
James Taylor, 6401 Emerald Drive, Colleyville, homeowner and representative of the
Colleyville Baseball Association, stated being in support of this request, and stated
the proposed field will be a benefit to the association.
Gary Zak, 3821 Fox Hollow Drive, Bedford, spoke in opposition to this request with
concerns for: increase in traffic; the proposed fire lane to the west property line; the
increase in people in general; and lighting for the proposed fields.
Mike O’Neal, 1500 Oak Knoll Drive, Colleyville, spoke in support of this request.
Brenda Huckins, 6212 Lantana Court, Colleyville, spoke in support of this request.
The following person did not wish to speak, but wished to register their opposition to
this request: Rod Chapman, 3827 Fox Hollow Drive, Bedford.
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The following persons did not wish to speak but wished to register their support to
this request: Matt Carnes, 3417 Lookout Court, Grapevine; Judy Schappell, 9012
Cedar Bluffs, North Richland Hills; Amie Deupree, 5101 Montclair Drive, Colleyville;
Brooks Lynn, 710 Centerpark Drive, Suite 140, Colleyville; Brian Popkin, 6001 Quails
Path, Colleyville; Lisa Martin, 7617 David Court, North Richland Hills; Jade Schappell,
9012 Cedar Bluffs Drive, North Richland Hills; Joel Schappell, 9012 Cedar Bluffs
Drive, North Richland Hills; Ben Arnold, 7317 Wexford, North Richland Hills; Lara
Niles, 5012 Fry Lane, Colleyville; Laura Hurlburt, 1002 Rodeo Drive, Colleyville; Jim
Hurlburt, 1002 Rodeo Drive, Colleyville; Lisa Langston, 4107 Greenway Court,
Colleyville; and Kevin Black, 3004 Glen Dale Drive, Colleyville; Kim Turner, 5020 San
Jacinto Drive, Haltom City; Lisa Campanelle, 201 Manor Place, Southlake; Cindy
Hauser, 6513 Sunset Road, North Richland Hills; Bryan Bell, 532 Meadow Knoll,
Keller; Stephanie Bell, 532 Meadow Knoll, Keller; Randall Cross, 7008 Lismore Court,
Colleyville; Walt Jordan, 6006 Lansford Lane, Colleyville; Mitch Baugus, 401
Briarcliff, Colleyville; Kristen Jefferson, 4600 Mill Brook Drive, Colleyville; Larry
Jefferson, 4600 Mill Brook Drive, Colleyville; Becky Hyde, 3537 Meadowside Drive,
Bedford; Shannon Caraway, 1907 Caspian Lane, Colleyville; Daniel and Janet Delph,
304 Sandlewood Lane, Euless; Lisa Cunningham, 6413 Remington Parkway,
Colleyville; Cristina Flores, 3608 Chateaux Lane, Hurst; Lauren Calabrese, 3401
Whitney Way, Hurst; and Sharon Rhoades, 4600 Mill Brook Drive, Colleyville
Mayor Pro Tem Taylor expressed his appreciation to all surrounding cities and
neighbors for their input, and stated Colleyville wants to be a good neighbor.
There were no others wishing to speak and Mayor Pro Tem Taylor closed the public
hearing at 10:10 p.m.
Councilmember Hart questioned Mr. Beam regarding the use of the fields. Mr. Beam
replied the fields will be used as practice and playing fields.
Mayor Pro Tem Taylor questioned Mr. Beam regarding the facilities and site plan.
Mr. Beam replied the football field is in place and an extension of 40-50 yards of
infield space is used for baseball.
Mayor Pro Tem Taylor questioned Mr. Beam regarding what impact is really being
changed with this addition. Mr. Beam replied games will actually be played on
campus, which is something not currently being done. He stated there will be more
efficient use of space for the practice of each sport. He stated the same number of
students will be practicing.
Mayor Pro Tem Taylor questioned Mr. Beam regarding the combination of day and
night games. Mr. Beam replied the varsity games will be played at night, but the
sub-varsity games would be played during the late afternoon. He stated they never
play on Sunday, and rarely on Wednesday or Saturday.
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Mayor Pro Tem Taylor questioned Mr. Beam regarding if the junior varsity will play
on Thursday evening and the varsity will play on Friday evening, like the public
schools? Mr. Beam replied yes and sometimes junior varsity will play right before
varsity will play.
Mayor Pro Tem Taylor questioned Mr. Beam regarding how many more night games
will be played. Mr. Beam replied they are only allowed so many games per year, but
baseball would be about 12 home games; sub-varsity would consist of five or six
games; junior varsity would consist of five or six games; and varsity would consist of
five or six games. He stated with using a turf field, if the opponent’s field gets
rained out, then they can come play on our field.
Mayor Pro Tem Taylor questioned Mr. Beam regarding the football games, would
those games increase. Mr. Beam replied yes because the varsity games would be
played on this field.
Mayor Pro Tem Taylor questioned Mr. Beam regarding the number of football games
to be played on this field. Mr. Beam replied a regular season schedule is 10 games,
so approximately five games at home with a few play-off games at home.
Councilmember Mogged questioned Mr. Beam regarding if the start time for the
games is flexible, could they start 30 minutes earlier? Mr. Beam replied game times
are usually set by the coaches and not by the association.
Councilmember Mogged questioned Mr. Beam regarding how long the football games
will last. Mr. Beam replied most of the time, the games will go until 9:00 p.m., but
sometimes those games run over that time.
Councilmember Hart questioned Mr. Castello regarding the completion of the
baseball field. Mr. Castello replied the completion will be determined by the amount
of fundraising, but that a safe target year is 2020 to 2022.
Councilmember Hart questioned Mr. Castello regarding if the parking structure and
baseball field will be constructed at the same time. Mr. Castello replied more than
likely, but it will depend on the fundraising.
Councilmember Short questioned Mr. Castello regarding what is proposed to be
constructed first. Mr. Castello stated the northeast parking lot is proposed to be
constructed first, this summer. He further explained the expansion of the northeast
building. He stated they will then want to construct the parking structure and
baseball field along with the fire lane along the western portion of the property. He
stated the extreme far fire lane will be constructed at the time of the football field.
Councilmember Short stated he likes the overall project completion, however, stated
having concerns for the “in the mean time” component, especially with any addition
of students.
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City Council Minutes June 18, 2013
Councilmember Hall questioned staff regarding what is exactly being approved this
evening. Director Ruthven explained the overall proposed ordinance.
Councilmember Hall questioned Mr. Castello regarding if the proposed ordinance will
work for their needs and the additional approval. Mr. Castello stated not
understanding why they will have to come back for approval given the language in
the ordinance; however, he stated he understands the dynamics of this site.
Mayor Pro Tem Taylor stated the slope of the land will accommodate the height of
these buildings. He further explained by using the elevations in the packet. He
expressed his appreciation for the overall presentation of the master plan for this
project.
Mayor Pro Tem Taylor questioned Mr. Castello regarding the increase in the number
of students. Mr. Castello stated the actual target for the size of the school did not
change. He stated the addition of the pre-grammar students has been consolidated
to accommodate those students.
Mayor Pro Tem Taylor questioned Mr. Castello regarding if the pre-grammar students
attend school all day. Mr. Castello replied yes.
Mayor Pro Tem Taylor questioned staff regarding the time for a revised traffic impact
analysis. Director Ruthven replied, upon the issuance of any new building permit.
Mayor Pro Tem Taylor questioned staff regarding if the analysis will be ran at the 850
student numbers. Director Ruthven replied yes, at the future build out number of
850.
Mayor Pro Tem Taylor questioned Mr. Castello regarding if he has any issues with the
requirement of an updated traffic impact analysis. Mr. Castello replied no.
Councilmember Hall moved to approve Ordinance O-13-1876 as written.
Councilmember Hart seconded the motion.
Councilmember Hall added he would like to amend the motion to include
lighting, particularly for the football field.
Mayor Pro Tem Taylor stated the lighting is a big part of this request. He stated
some usage of lights should be allowed, not necessarily late night games, in most
instances.
Councilmember Hall questioned staff regarding if lights are to be included, the non-
bleed over protection lights, for the football field, what about the baseball field?
Director Ruthven replied the applicant would have to come back to City Council with
detailed lighting plans. He further explained the current ordinance and amendment
language.
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City Council Minutes June 18, 2013
Mayor Pro Tem Taylor stated at the time the applicant makes application for the
lighting, there should be no denial, as long as they are using the best lighting for this
area.
Councilmember Hall stated the current lighting language should be stricken from the
ordinance so that there are no issues now and then when the applicant brings
forward the plans for the football and baseball fields, the lighting plans may be
reviewed. Director Ruthven concurred.
Councilmember Hall amended his motion to include approval of Ordinance
O-13-1876, with the following amendment: to strike the no light
requirements, as outlined in section 5(7)(B) of Ordinance O-09-1725.
City Manager Jennifer Fadden explained that City Council may want to include
language in the ordinance to allow the applicant the ability to let outside entities use
their facility for games and practice, and as such no language exists for the lighting
of those activities. She further added the proposed applicant language regarding
lighting.
City Attorney Cathy Cunningham added if the restrictions for lighting is eliminated,
and no other provisions are added to the ordinance, the applicant could have lighting
on continually.
Mayor Pro Tem Taylor stated they will have to come back to City Council for approval
with the proposed lighting, and at that time, the limitation for usage would be
applied.
Councilmember Mogged stated the lighting restrictions could be left in place until the
time the applicant submits for approval of a detailed lighting plan.
Councilmember Hall questioned staff regarding if there are lights currently on the
field. Director Ruthven replied no.
Mayor Pro Tem Taylor stated he did not want a future City Council to deny such
lighting. He added the applicant is proposing a great public/private partnership with
wanting to allow the associations to participate on their fields. He explained there
are lighted fields all over the City, and within neighborhoods. He stated the
applicant will have to come back to City Council with a detailed lighting plan.
Director Ruthven added the restriction for lighting could be eliminated from the
ordinance and therefore if the applicant wants to have something approved in the
interim, City Council could approve a resolution for a temporary lighting plan until
the applicant has the full detailed lighting plan ready for submittal once the entire,
proposed fields are built.
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City Council Minutes June 18, 2013
Mayor Pro Tem Taylor questioned staff regarding if any lighting will have to be
approved by City Council. Director Ruthven replied yes, however, City Council may
approve a temporary lighting plan through a resolution.
Councilmember Hall stated City Council should not impose unnecessary restrictions.
Mayor Pro Tem Taylor stated they are currently not allowed for lighting.
Councilmember Hall questioned staff regarding if any lighting will have to receive
City Council approval. City Attorney Cathy Cunningham replied yes, however, staff is
proposing a lighting plan be submitted and approved by a resolution with the same
notification as a typical zoning application. She further added the use of lights could
be approved in the proposed ordinance; however, the applicant will have to further
receive approval through City Council for the details of the lighting plan for the fields,
since no lights currently exist on the property.
Councilmember Hall further amended his motion with the following
amendment: to allow for lighting in the proposed ordinance, however the
detailed lighting plan and lighting usage must be approved by City Council
for new and existing fields; and allow the other entities/associations to use
this facility. Councilmember Hart accepted the amendments.
The motion to approve with amendments carried by the following vote:
Aye: 5 - Mayor Pro Tem Mike Taylor, and Councilmembers, Chuck Mogged,
Stan Hall, Jody Short, and Tom Hart
Abstain: 1 - Mayor David Kelly
Mayor Kelly recessed the meeting at 10:58 p.m.
Mayor Kelly reconvened the meeting at 11:03 p.m.
5c Ordinance O-13-1877
Consideration for a Special Use Permit for on-premise consumption of
alcoholic beverages on Lot 1R1, Block 1, of the Market Addition, located at
5005 Colleyville Boulevard, Suite 240, Case ZC13-005
Mayor Kelly read the caption of Ordinance O-13-1877.
Community Development Coordinator Darren Cain presented the agenda item and
briefed the City Council.
Mayor Kelly opened the public hearing at 11:04 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public hearing
at 11:04 p.m.
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City Council Minutes June 18, 2013
Councilmember Hart moved to approve Ordinance O-13-1877. Mayor Pro
Tem Taylor seconded the motion.
The motion to approve carried by the following vote:
Aye: 6 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
5d Ordinance O-13-1878
Consideration of an ordinance adopting the Rate Schedule "RRM-Rate
Review Mechanism" for Atmos Energy Corporation, Mid-Tex Division
Mayor Kelly read the caption of Ordinance O-13-1878.
Strategic Services Manager Adrienne Lothery presented the agenda item and briefed
the City Council.
Mayor Kelly opened the public hearing at 11:05 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public hearing
at 11:05 p.m.
Mayor Pro Tem Taylor moved to approve Ordinance O-13-1878.
Councilmember Short seconded the motion.
The motion to approve carried by the following vote:
Aye: 6 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a Ordinance O-13-1879
Approval of the Fiscal Year 2014 (FY 2014) Colleyville Crime Control and
Prevention District budget
Mayor Kelly read the caption of Ordinance O-13-1879.
Police Chief Mike Holder presented the agenda item and briefed the City Council.
Mayor Kelly questioned staff regarding what provides the major funding of the Crime
Control district. Chief Holder replied ½ cent of the sales tax provides the funding.
Mayor Kelly opened the public hearing at 11:07 p.m.
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City Council Minutes June 18, 2013
There was no one present wishing to speak and Mayor Kelly closed the public hearing
at 11:07 p.m.
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-13-3640
Consideration of a request for a sidewalk appeal on Lot 1, Block 1, of the
Renfro Estates Addition located at 2000 Renfro Road, Case GC13-006
Mayor Kelly read Resolution R-13-3640 in its entirety.
Community Development Coordinator Darren Cain presented the agenda item and
briefed the City Council.
Mayor Kelly opened the public hearing at 11:10 p.m.
Shawn Mackey, the applicant and property owner, presented the agenda item and
briefed the City Council.
There were no others present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 11:12 p.m.
Mayor Kelly questioned staff regarding if the neighbor’s case was heard during the
June 4, 2013 meeting. Director Ruthven replied yes.
Mayor Kelly questioned staff regarding if a sidewalk is required for this property.
Director Ruthven replied yes.
Mayor Kelly questioned staff regarding if the neighbor was given the escrow option.
Director Ruthven replied yes.
Mayor Kelly questioned Mr. Mackey regarding if the escrow has been paid for the
subject property. Mr. Mackey replied yes.
Mayor Kelly questioned staff regarding the neighbor’s property and is there an
encroachment to the sidewalk with any improvements? Director Ruthven replied
there is enough room to place a sidewalk. Mr. Mackey stated there would be no way
for the two sidewalks to connect.
Mayor Kelly stated there appears to be plenty of room to place a sidewalk. Director
Ruthven replied the road technically dead ends at this subject property and the
sidewalk would just simply wrap the street that is currently in place.
Councilmember Mogged questioned staff regarding the sidewalk requirement for this
street. Director Ruthven stated the sidewalk is required for the north side of the
street but not the south side of the street and the subject property is located
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between the north and south, essentially, the sidewalk would end at the subject
property.
Director Ruthven stated the right-of-way has not been dedicated as current
standards, for the subject property, since the property was already platted at the
time of construction; therefore not enough right-of-way exists to construct a cul-de-
sac street.
Councilmember Hall questioned staff regarding if the escrow monies would be spent
in the neighborhood district versus being set aside for the subject property. Director
Ruthven concurred.
Mayor Kelly stated the sidewalk is required but there is not enough room to construct
the sidewalk, therefore, a flaw exists with the current map. Director Ruthven
explained the sidewalk map does not take into consideration the topography of the
land.
Mayor Pro Tem Taylor stated a sidewalk can be constructed; however, it would end
at this property. Mr. Mackey stated he spoke with the Engineering Division about the
placement of the sidewalk, however, they could not tell him where to place the
sidewalk.
Mayor Pro Tem Taylor stated the platted subject property was not taken into
consideration to off-set the recently platted, adjacent property with regard to the
placement of the sidewalk.
Mayor Pro Tem Taylor stated he did not understand why one side of the street should
have to pay for the sidewalk, yet the other side of the street did not have to help pay
for the sidewalk, but received the benefits of it. He further added he thought that
was the purpose of the escrow.
Councilmember Short stated the escrow funds are to be used to build the missing
links within the neighborhood. Mr. Mackey stated he thought he understood his
escrow monies would be used for his property.
Councilmember Mogged stated this property is at the end of the cul-de-sac street
and connects to nothing. Mayor Kelly stated eventually sidewalks will be
constructed.
Mayor Pro Tem Taylor stated people want sidewalks for connectivity and in the future
sidewalks will be installed.
Mayor Pro Tem Taylor questioned staff regarding if the neighbors to the south are
paying into an escrow. City Attorney Cathy Cunningham replied no, only the north
side and only if they chose to rebuild.
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Mayor Kelly stated the subject property required a sidewalk at the time of
constructing the new home; an escrow option was not available, however, he added
the City Council has since requested the Colleyville Sidewalks Committee to amend
the map to include if sidewalks are required, an escrow option is available, not just
that the sidewalk is required for instances such as this.
Mayor Pro Tem Taylor stated being concerned about one side having to pay for the
sidewalk, and the other side not having to help pay for the sidewalk. Director
Ruthven explained the Colleyville Sidewalks Committee development of the map.
Mayor Kelly stated all of the options on the map need to be evaluated.
Councilmember Hart moved to approve Resolution R-13-3640.
Councilmember Mogged seconded the motion.
Councilmember Hall stated the same conversation took place for Colleyville Terrace
regarding the sidewalk and since then the sidewalk has now been constructed
regardless of who did or did not want it or who did and did not pay for it.
Councilmember Short questioned City Council regarding if they want to continue with
these discussions prior to the review of the sidewalk map. Mayor Kelly and Mayor
Pro Tem Taylor stated being comfortable with moving forward.
Councilmember Mogged stated this issue may be reviewed during the comprehensive
plan review.
The motion to approve failed by the following vote:
Aye: 2 - Councilmembers Chuck Mogged and Tom Hart
Nay: 4 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers Stan Hall and Jody Short
Councilmember Hall moved to deny Resolution R-13-3640. Mayor Kelly
seconded the motion.
The motion to deny carried by the following vote:
Aye: 4 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers Stan Hall and Jody Short
Nay: 2 - Councilmembers Chuck Mogged and Tom Hart
7b Resolution R-13-3641
Consideration of a request for a sidewalk appeal on Lot 1, Block 1, of the
Bill Boyd Addition located at 204 White Drive, Case GC13-010
Mayor Kelly read Resolution R-13-3641 in its entirety.
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City Council Minutes June 18, 2013
Community Development Coordinator Darren Cain presented the agenda item and
briefed the City Council.
Mayor Kelly opened the public hearing at 11:37 p.m.
Chris Putnam, 204 White Drive, presented the agenda item and briefed the City
Council.
There were no others present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 11:45 p.m.
Mayor Pro Tem Taylor questioned Mr. Putnam regarding if he knew the sidewalk was
required up front. Mr. Putnam replied no, it was not known in the beginning of the
project. He stated his builder missed this requirement.
Mayor Kelly questioned staff regarding if the sidewalk can be built on this property,
as Mr. Putnam has stated staff indicated the sidewalk could not be built? Director
Ruthven stated this property was already platted, therefore, given the edge of the
pavement, and the location of the property line, it does not allow for the construction
of the sidewalk, without filling in the ditch. Mayor Kelly stated there have been
instances when this has existed and sidewalks have been done.
Mayor Pro Tem Taylor questioned staff regarding the process in which the builders
are being advised on these permits. Director Ruthven explained the process in which
homebuilders are advised of the sidewalk requirements.
Mayor Pro Tem Taylor questioned staff regarding when the escrow fees were paid.
Director Ruthven stated the escrow fee was paid after the Planning and Zoning
Commission waived the construction of the sidewalk and allowed for the payment
into escrow.
Mayor Kelly explained the sidewalk was required and should have been constructed
at the time of the construction of the new home.
Mayor Pro Tem Taylor questioned staff regarding when fees were assessed for this
property. Director Ruthven replied all fees are paid upon the issuance of the building
permit. He stated if the escrow option had been a requirement for the subject
property, it would have been collected at this time as well.
Mayor Kelly stated it had turned to midnight and City Council would need to vote to
continue the meeting. All members concurred to continue the meeting.
Mayor Kelly moved to deny Resolution R-13-3641. Mayor Pro Tem Taylor
seconded the motion.
The motion to deny carried by the following vote:
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City Council Minutes June 18, 2013
Aye: 4 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers Stan Hall and Jody Short
Nay: 2 - Councilmembers Chuck Mogged and Tom Hart
7c Resolution R-13-3642
Consideration of a request for a sidewalk appeal on Lot 6, Block 1, of the
Pleasant Run Estates Addition located at 6600 Pleasant Run Road, Case
GC13-014
Mayor Kelly read Resolution R-13-3642 in its entirety.
Community Development Coordinator Darren Cain presented the agenda item and
briefed the City Council.
Mayor Kelly opened the public hearing at 12:01 a.m.
Roy Golson, attorney representing applicant and property owner Mark Cameron,
presented the agenda item and briefed the City Council.
There were no others present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 12:03 a.m.
Mayor Kelly questioned Mr. Golson regarding if the request is to waive the sidewalk
construction requirement. Mr. Golson replied yes.
Mayor Kelly questioned Mr. Golson regarding if City Council requires an escrow of
funds for the sidewalk, then the applicant wishes to construct the sidewalk? Mr.
Golson replied yes, they would prefer to construct the sidewalk.
Mayor Kelly explained to Mr. Golson that the sidewalk requirement has already been
in place and that the sidewalk should have been constructed at the time the new
home was constructed.
Mayor Kelly questioned Mr. Golson regarding the sidewalk escrow option. Mr. Golson
replied they would request to be able to construct the sidewalk versus escrowing for
it. Mayor Kelly stated the sidewalk has always been required to be constructed.
Mayor Kelly questioned staff regarding if there are any bar ditch issues. Director
Ruthven stated the right-of-way has been dedicated for this property therefore,
there is room for the sidewalk.
Councilmember Mogged stated there appears to be a timing issue with the future
widening of Pleasant Run Road and the construction of the future trail.
Councilmember Mogged questioned City Council regarding if the funds could be
escrowed now and then when the timing is right, the applicant could construct the
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City Council Minutes June 18, 2013
sidewalk and then request a refund for the escrowed monies. Mayor Kelly stated the
issue would be if the property sold. Councilmember Short stated the escrow monies
would then be used to construct the sidewalk. Mayor Kelly stated the applicant does
not want to escrow the money.
Mr. Golson questioned City Council regarding who is responsible for any damages
done to the sidewalk in the event Pleasant Run Road is widened. Mayor Kelly replied
the City is responsible for those damages. Mr. Golson stated the cheapest route
would be to construct the sidewalk now.
Councilmember Hall questioned Mr. Golson regarding what his client wants to do?
Mr. Golson replied his client states he wants to use his contractors to construct the
sidewalk.
City Attorney Cathy Cunningham questioned staff regarding the time in which the
sidewalk is to be constructed. Director Ruthven explained the sidewalk must be
installed prior to the final inspection therefore; the final on this home has not been
completed. He further added the final inspection needs to be done as soon as
possible.
City Attorney Cathy Cunningham suggested the motion be made to require the
construction of the sidewalk within three months and prior to the final issuance of
the certificate of occupancy or final inspection.
Councilmember Hart moved to deny Resolution R-13-3642 for the waiver,
but require the applicant to construct the sidewalk within three months and
prior to the final issuance of a final inspection. Councilmember Short
seconded the motion.
The motion to deny failed by the following vote:
Nay: 6 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
Councilmember Hall moved to deny Resolution R-13-3642 for the waiver,
but required $4,905 to be paid into escrowed. Mayor Kelly seconded the
motion.
Mayor Pro Tem Taylor questioned staff regarding who is going to pay to put in the
trail along Pleasant Run Road, along the east side. Director Ruthven stated this
particular trail will be on City property.
City Manager Jennifer Fadden questioned City Council, for clarification, regarding if
their intentions are for these monies to be escrowed and used specifically for the
sidewalk along Pleasant Run Road in conjunction with the road reconstruction, or is it
City Council’s preference to have the funds escrowed into the neighborhood district?
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Mayor Kelly stated he preferred the funds to be used specifically for the Pleasant Run
Road sidewalk.
Mayor Pro Tem Taylor stated these funds would already off-set the trail if escrowed
into the neighborhood district. He added it is not the intent to make some
improvements, with no connection, and then later down the road add the sidewalks
in this area.
Councilmember Hall amended his motion to include that the escrow funds
are to be available for the sidewalk/trails along Pleasant Run Road versus
the neighborhood district. Mayor Kelly accepted the amendment.
The motion to deny the waiver, and approve the escrow carried by the
following vote:
Aye: 5 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers Stan Hall, Jody Short, and Tom Hart
Nay: 1 - Councilmember Chuck Mogged
7d Resolution R-13-3643
Consideration of a request for a sidewalk appeal on Lot 1, Block 1, of
the Lawler Addition located at 509 Black Drive, Case GC13-015
Mayor Kelly read Resolution R-13-3643 in its entirety.
Community Development Coordinator Darren Cain presented the agenda item and
briefed the City Council.
Mayor Kelly opened the public hearing at 12:22 a.m.
Sam Noel, 509 Black Drive, homebuilder, presented the agenda item and briefed the
City Council. Patrick Lawler, 509 Black Drive, applicant and property owner,
presented the agenda item and briefed the City Council.
There were no others present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 12:32 a.m.
Mayor Kelly questioned staff regarding if the sidewalk is required and was noted in
the memo? Director Ruthven replied yes, and further added the development review
committee memo, in which the builder received in November of 2011, noted the
sidewalk requirement.
Councilmember Mogged questioned staff regarding the distance to Bransford
Elementary School from the subject property. Director Ruthven replied it is
approximately 1,000 feet.
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City Council Minutes June 18, 2013
Councilmember Mogged stated there may be pedestrian traffic for walking to the
school.
Mayor Kelly questioned staff regarding if the Mill Creek subdivision has sidewalks.
Director Ruthven replied yes.
Councilmember Mogged stated the sidewalk is needed in this area however, stated
he is struggling with the lack of communication on the building permit side.
Mayor Kelly questioned staff regarding if improvements are scheduled for Black
Drive. City Engineer Jeremy Hutt replied Black Drive has been identified and is being
considered on the revised capital plan.
Mayor Kelly questioned staff regarding the future subdivision at the end of Black
Drive, will that subdivision have sidewalks? Director Ruthven replied yes, there will
be five lots in that subdivision.
Mayor Kelly stated the new neighborhood at the end of Black Drive will have
sidewalks, the connectivity with the existing Mill Creek neighborhood, and the
proximity to the school explains the need for the sidewalk.
Mayor Pro Tem Taylor stated the City Council is implementing an imperfect plan with
the citizen driven map. He stated the fact that the builder stated he did not know a
sidewalk was required does not discredit the fact that the sidewalk is required. He
stated the builders need to know up front, not at the end. City Manager Jennifer
Fadden explained the new process in which the building permit department has
implemented for picking up a permit. Mayor Kelly stated it is incumbent upon the
builders and developers to know the City of Colleyville codes and ordinances.
Mr. Noel questioned staff regarding if the sidewalk can be placed on the property
given the size of Black Drive and the encroachment that was previously granted for
this property. City Engineer Hutt replied a right-of-way encroachment may create an
issue with the placement of the sidewalk.
Mayor Kelly moved to deny Resolution R-13-3643 for the waiver, however to
require a payment of $ 7,406 into escrow. Councilmember Short seconded
the motion.
Councilmember Mogged questioned City Council regarding why not have the
sidewalk constructed versus escrowed. Mayor Kelly stated it would be a sidewalk
which leads to nowhere. Councilmember Short stated the sidewalk could be
constructed at the time improvements are made to Black Drive.
The motion to deny the waiver, and approve the escrow carried by the
following vote:
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City Council Minutes June 18, 2013
Aye: 6 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
7e Resolution R-13-3644
Consideration for an appeal of the decision by the Sign Board of Appeals
by Gary Price, for a variance regarding a monument sign on Lot 1, Block 1,
of the Kaybird Addition, located at 4814 Colleyville Boulevard, Case SC13-
003
Mayor Kelly read Resolution R-13-3644 in its entirety.
Community Development Coordinator Darren Cain presented the agenda item and
briefed the City Council.
Mayor Kelly opened the public hearing at 12:50 a.m.
Gary Price, representing Worthington National Bank, presented the agenda item and
briefed the City Council.
Mark Jameson, applicant, presented the agenda item and briefed the City Council.
Ron and Lisa Pritchett, 4800 Colleyville Boulevard, spoke in opposition to the sign
appeal request.
There were no others present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 1:05 a.m.
Mayor Kelly questioned staff regarding if there is an existing sign. Director Ruthven
replied yes, at the corner of Glade Road and Colleyville Boulevard.
Mayor Kelly questioned staff regarding if there is space on the existing sign. Director
Ruthven replied yes.
Mayor Kelly questioned staff regarding if the existing sign could be reworked to
include the new business. Director Ruthven replied yes.
Mayor Kelly questioned staff regarding if an additional sign could be placed on Glade
Road. Director Ruthven replied yes.
Mr. Jameson stated it would not fit on Glade Road since the property curves along
that side and added he would not have moved here had he not been allowed to put
in a sign.
Mayor Kelly questioned Mr. Price regarding the leasing agreement and the
monument sign. Mr. Price replied he offered Mr. Jameson space on the sign and help
to acquire an additional monument sign.
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City Council Minutes June 18, 2013
Mayor Kelly questioned Mr. Price regarding the existing monument sign. Mr. Price
stated it could be reworked, however it would be quite expensive and there are
space limitations.
Mayor Kelly questioned staff regarding if the business next door has a monument
sign. Director Ruthven replied yes.
Mayor Kelly stated he did not see a hardship with this request.
Mayor Pro Tem Taylor questioned Mr. Jameson regarding if there is an existing sign
located on the side of the building. Mr. Jameson replied yes.
Mayor Pro Tem Taylor stated most insurance agencies have gone to the smaller signs
and further stated not seeing a hardship for this sign.
Mayor Pro Tem Taylor stated the existing monument sign is a nice sign and could be
used for the business sign.
Mr. Jameson stated a City official told Mr. Price an additional sign would be allowed.
Mayor Kelly questioned staff regarding a sign on Glade Road, what is the distance
requirement from Colleyville Boulevard? Director Ruthven stated the distance would
be 60 feet.
Mr. Jameson stated the sign would be located within the parking lot to meet the
setback requirements for Glade Road. Director Ruthven stated the setback would be
eight feet from the property line and therefore the applicant could fit it along Glade
Road.
Mayor Kelly stated he would be more willing to allow a sign along Glade Road given
that there is not a hardship.
Councilmember Hart moved to deny Resolution R-13-3644. Mayor Kelly
seconded the motion.
The motion to deny carried by the following vote:
Aye: 5 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers Chuck Mogged, Jody Short, and Tom Hart
Nay: 1 – Councilmember Stan Hall
7f Resolution R-13-3645
Approval to amend and replace Resolution R-12-3520, adopting Rules of
Procedure
Mayor Kelly read Resolution R-13-3645 in its entirety.
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City Council Minutes June 18, 2013
City Secretary Amy Shelley presented the agenda item and briefed the City Council.
Mayor Kelly opened the public hearing at 1:25 a.m.
There was no one present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 1:25 a.m.
Mayor Pro Tem Taylor stated this City Council has to represent all citizens.
Mayor Pro Tem Taylor moved to approve Resolution R-13-3645.
Councilmember Hall seconded the motion.
The motion to approve carried by the following vote:
Aye: 6 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
7g Resolution R-13-3646
Consideration of an appointment to the Zoning Board of Adjustment,
Alternate 2, filling the positions of Place 1, and Alternate 1
Mayor Kelly read Resolution R-13-3646 in its entirety.
Mayor Kelly opened the public hearing at 1:27 a.m.
There was no one present wishing to speak concerning this item and Mayor Kelly
closed the public hearing at 1:27 a.m.
Councilmember Hall moved to approve Resolution R-13-3646 appointing
Mike Patino to Alternate 2. Councilmember Hart seconded the motion.
The motion to approve carried by the following vote:
Aye: 6 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There were no speakers regarding this item.
9. REPORTS
Colleyville Library Board Meeting Minutes - April 8, 2013
Planning and Zoning Commission Meeting Minutes - May 13, 2013
There was no discussion of this item.
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City Council Minutes June 18, 2013
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JUNE 18,
2013 - Reading and Public Hearing - Resolution R-13-3647
This resolution was not needed.
11. ADJOURNMENT
There being no further business before the City Council, Councilmember Mogged
moved to adjourn, and Councilmember Hart seconded the motion.
The motion carried with the following vote:
Aye: 6 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and
Councilmembers Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
Mayor Kelly adjourned the City Council meeting at 1:30 a.m.
APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 2ND
DAY OF JULY, 2013.
Minutes taken and prepared by:
Amy Shelley
City Secretary
City of Colleyville Page 33