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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 City of Colleyville Page 1 City Council Minutes June 18, 2013 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. City of Colleyville Page 2 City Council Minutes June 18, 2013 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. City of Colleyville Page 3 City Council Minutes June 18, 2013 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. City of Colleyville Page 4 City Council Minutes June 18, 2013 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. City of Colleyville Page 5 City Council Minutes June 18, 2013 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. City of Colleyville Page 6 City Council Minutes June 18, 2013 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. City of Colleyville Page 7 City Council Minutes June 18, 2013 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. City of Colleyville Page 8 City Council Minutes June 18, 2013 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 City of Colleyville Page 9 City Council Minutes June 18, 2013 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. City of Colleyville Page 10 City Council Minutes June 18, 2013 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. City of Colleyville Page 11 City Council Minutes June 18, 2013 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. City of Colleyville Page 12 City Council Minutes June 18, 2013 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. City of Colleyville Page 13 City Council Minutes June 18, 2013 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 City of Colleyville Page 14 City Council Minutes June 18, 2013 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. City of Colleyville Page 15 City Council Minutes June 18, 2013 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. City of Colleyville Page 16 City Council Minutes June 18, 2013 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. City of Colleyville Page 17 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. City of Colleyville Page 18 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. City of Colleyville Page 19 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. City of Colleyville Page 20 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. City of Colleyville Page 21 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 City of Colleyville Page 22 City Council Minutes June 18, 2013 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. City of Colleyville Page 23 City Council Minutes June 18, 2013 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. City of Colleyville Page 24 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: City of Colleyville Page 25 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 City of Colleyville Page 26 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? City of Colleyville Page 27 City Council Minutes June 18, 2013 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. City of Colleyville Page 28 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: City of Colleyville Page 29 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. City of Colleyville Page 30 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. City of Colleyville Page 31 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. City of Colleyville Page 32 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