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HomeMy WebLinkAboutCity Council-Minutes-8/20/2013 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, August 20, 2013 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion of the comments from the public meeting for the Kingston Addition Reconstruction Project PC-2 Presentation and update on the City's recycling and household hazardous waste programs PC-3 Selection of a date for a City Council worksession to discuss the status of the SH26 reconstruction project PC-4 Update on the City's Emergency Management Plan PC-5 Discussion of the Performance Management Report PC-6 Presentation of the Monthly Financial Report - July 2013 PC-7 Discussion of the August 20, 2013, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney regarding solicitor ordinance Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities City of Colleyville Page 1 City Council Agenda August 20, 2013 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Lee Johnson, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3656 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Colleyville's featured business - Market Street United, 5605 Colleyville Boulevard - Alyssa Grimes, Concierge; Josh Griffin, General Manager; Allen Strange, Store Operations Manager - Mayor David Kelly and Economic Development Director Marty Wieder 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3657 4a Approval of the minutes of the regular City Council meeting of July 16, 2013 4b Approval of the minutes of the City Council Worksession of July 23, 2013 4c Approval of the minutes of the City Council Worksession of July 30, 2013 4d Approval of a preliminary plat on 10.07 acres on Lot 1, Block 1, of the Stajduhar Addition located at 816 W. L. D. Lockett Road, Case PC13- 012 City of Colleyville Page 2 City Council Agenda August 20, 2013 4e Approval of a City-Developer Agreement with Ivy Glen Colleyville, L.L.C. for the construction of and the reimbursement of a storm drain along Cheek-Sparger Road, and authorize the city manager to execute the agreement 4f Approval to purchase a Harben Sewer Jet truck from Philpott Ford, through the Texas Local Governmental Purchasing Cooperative (BuyBoard), in an amount not to exceed $120,205, and authorize the city manager to execute the contract 4g Approval of an Interlocal Agreement with the City of Bedford to provide for the construction of a roundabout at the intersection of Cheek-Sparger Road and Jackson Road/Central Drive, and authorize the city manager to execute the agreement 4h Approval to purchase audio/video replacement equipment and services for the City of Colleyville Emergency Operations Center and Police Department training and conference areas, from Digital Resources, Inc., in an amount not to exceed $65,000, and authorize the city manager to execute the contract 4i Approval of the Traffic Safety Advisory Committee bylaws 5. RESOLUTION(S): READING AND PUBLIC HEARING 5a Resolution R-13-3658 Approval of a preliminary plat for 5.7 acres located on Lots A1, B1, and B1A of The Oaks Addition, located at One and Two Country Way, Case PC13-006 5b Resolution R-13-3659 Approval of a proposal to set the ad valorem tax rate for Fiscal Year 2014 at $.3559 per hundred dollars of valuation 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 7. REPORTS Traffic Safety Advisory Committee Meeting Minutes - June 28, 2011 Senior Center Advisory Committee Meeting Minutes - April 18, 2013 Sign Board of Appeals Meeting Minutes - May 15, 2013 Planning and Zoning Commission Meeting Minutes - June 10, 2013 Colleyville Library Board Meeting Minutes - June 10, 2013 Planning and Zoning Commission Meeting Minutes - June 24, 2013 City of Colleyville Page 3 City Council Agenda August 20, 2013 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR AUGUST 20, 2013 - Reading and Public Hearing - Resolution R-13-3660 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, August 16, 2013, by 5:00 p.m. Amy Shelley City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, August 20, 2013 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on August 20, 2013, at 5:35 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, Fire Captain Kenny Philips, 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 Matthew Boyle, and City Secretary Amy Shelley. PC-1 Discussion of the comments from the public meeting for the Kingston Addition Reconstruction Project City Engineer Jeremy Hutt updated City Council regarding the public meeting for the Kingston Addition Reconstruction Project. Mayor Kelly stated the supplemental sidewalk map does not have sidewalks for this neighborhood. Engineer Hutt replied correct, however, staff wanted to allow citizen feedback to see if they wanted sidewalks in this neighborhood. Councilmember Hart stated this was a great way to receive feedback from the neighbors regarding what they want in their neighborhood. Mayor Kelly questioned staff regarding parking on the street and will there be any issues with emergency access. Engineer Hutt replied cars will be allowed to park on the street and with a 28 foot wide street, there will not be any emergency access issues. Councilmember Hall questioned staff regarding the width of the current street. Engineer Hutt replied currently it is 14 feet wide. City of Colleyville Page 1 City Council Minutes August 20, 2013 Councilmember Hall questioned staff regarding the proposed width of the street and if it will have curb and gutter. Engineer Hutt replied yes and the width is proposed at 28 feet. Councilmember Wollin stated there were concerns for drainage in heavy rains and this will help with those issues. Engineer Hutt concurred. Councilmember Short questioned staff regarding the reasoning for the on-street parking. Engineer Hutt replied staff wanted to get citizen input regarding on- street parking to evaluate the proposed width of the street. Public Works Director Bob Lowry explained if the street were to be narrower than 28 feet, there would have to be “No Parking” signs posted on one side of the street. Councilmember Wollin stated the neighbors did not want people parking in their yards; however, the curbs will eliminate those concerns. Councilmember Hall questioned staff regarding if some right-of-way will need to be acquired for the new street. Engineer Hutt replied there is plenty of right-of-way; however, there may be some drainage easements which will need to be acquired. Councilmember Hart questioned staff regarding if there are any savings for a 28 foot wide street rather than a 31 foot wide street. Engineer Hutt replied not significant. Mayor Pro Tem Taylor stated it will take the neighbors a little bit of time to get used to any on-street parking, especially if they are parking on both sides of the street. Mayor Kelly stated the street will feel wide to those neighbors since they currently only have 14 feet. Councilmember Mogged stated the citizens were originally concerned about losing their front yards. Mayor Kelly stated having the drainage corrected will be a better compromise to those neighbors, rather than the concerns about losing their yard. Mayor Pro Tem Taylor questioned staff regarding street lighting. Engineer Hutt replied there are currently no street lights on Kingston, and by following current standards, there will be an addition of four or five residential street lights installed. PC-2 Presentation and update on the City's recycling and household hazardous waste programs Strategic Services Manager Adrienne Lothery presented an update regarding the City’s recycling and household hazardous waste programs. Paul Hanson and Norm Bulaich with Progressive Waste were available for any questions as well. City of Colleyville Page 2 City Council Minutes August 20, 2013 Mayor Kelly questioned Mr. Hanson regarding how the community is doing with the non-recyclable materials. Mr. Hanson replied overall it has been very clean, good recyclable items. Councilmember Mogged stated large metal items are not recyclable. Councilmember Hall added it is surprising that the plastic grocery bags are not recyclable. Mayor Kelly questioned Mr. Bulaich regarding commercial recycling. Mr. Bulaich replied the commercial recycling is a dumpster type container and the commercial facility is charged for recycling, once a week. He added smaller businesses can use the carts as well. Mayor Pro Tem Taylor questioned staff regarding if citizens can just drop off items at the Environmental Collection Center (ECC), and then is the City charged for those trips? Manager Lothery replied correct. Mayor Kelly added during Clean Sweep, information regarding the ECC is handed out to those citizens, so that they know for the future. Mayor Pro Tem Taylor questioned staff regarding if there is a capacity issue during the Clean Sweep event. Manager Lothery replied yes. Mayor Kelly added there is also a demand issue, but during the past few years, not many have been turned away because of capacity. Councilmember Hall questioned staff regarding if the ECC takes electronics. Manager Lothery stated staff directs those citizens to an electronics recycling center, which was available during Clean Sweep last spring. Councilmember Hart questioned staff regarding the $47 dollar fee, is that regardless of the amount? Manager Lothery replied yes, but that during Clean Sweep, it is based on the honor system with the amount of recyclables. Mayor Pro Tem Taylor questioned staff regarding why Colleyville is such a big user. Manager Lothery stated some is overall quantity and the overall awareness of our citizens. Mayor Pro Tem Taylor questioned staff regarding tree debris. Manager Lothery stated this is simple household hazardous waste. Mayor Kelly added Progressive is really good about picking up tree debris, and does it for a minimal charge. Mayor Pro Tem Taylor questioned staff regarding if any complaints have been received about the recycling. Manager Lothery stated the complaints have been down since the program was installed. City of Colleyville Page 3 City Council Minutes August 20, 2013 Mayor Pro Tem Taylor questioned Mr. Hanson regarding the recycling carts, are those carts also available for the garbage side of service? Mr. Hanson replied they would be happy to look into this if the City wants this service. He stated typically the cities are using the recycling carts versus carts for garbage. Mayor Pro Tem Taylor questioned Mr. Hanson regarding if Progressive is looking to this in the future. Mr. Hanson stated it is possible, however, there are weight factors for this service, in other words, garbage weighs more than recyclables, therefore the recycle trucks can handle the lifting of the carts. He stated lawn services, in Colleyville, place the grass clippings and so forth at the curb to be picked up by the garbage service and those items weigh more. Mayor Kelly added there would be a greater cost to the citizen for the automated garbage service; therefore the City chose to do the automated recycling only. Mayor Pro Tem Taylor questioned Mr. Hanson regarding if there is an advantage with going with the automated system for garbage collection. Mr. Hanson replied he wants to keep the citizens rates down just as the City wants to keep those rates lower. Mayor Kelly stated the citizens would be very limited on what they could put in those containers for garbage, which would be something Colleyville citizens are not used to, since they currently have a full service garbage collection. PC-3 Selection of a date for a City Council worksession to discuss the status of the SH26 reconstruction project Mayor Kelly questioned City Council regarding a date for the worksession. Most concurred Monday, September 16th at 6:00 p.m. in the executive conference room would work for them. PC-4 Update on the City's Emergency Management Plan Interim Fire Chief Clif Nelson updated City Council regarding the City’s Emergency Management Plan. Mayor Pro Tem Taylor questioned staff regarding if the Mayor is the total authority in the City, in the event of an emergency and can only be overridden by the County Judge. Chief Nelson replied the County Judge could only override this if the Mayor had not been designated by the plan. He added many times the Judge will not enter into the City and make a decision, if the Mayor has been designated and the Mayor can delegate any of his duties, as he sees fit to assign. Mayor Kelly encouraged everyone to visit the Emergency Operations Center. City of Colleyville Page 4 City Council Minutes August 20, 2013 City Manager Jennifer Fadden added the City will have a spokesperson responsible to the media, in the event an emergency does exist. Mayor Kelly thanked Captain Phillips for his efforts in keeping this plan up-to-date. PC-5 Discussion of the Performance Management Report There was no discussion regarding this item. PC-6 Presentation of the Monthly Financial Report - July 2013 There was no discussion regarding this item. PC-7 Discussion of the August 20, 2013, City Council regular agenda items Mayor Kelly adjourned the Pre Council meeting at 6:23 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:34 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, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Strategic Services Manager Adrienne Lothery, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney regarding solicitor ordinance 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 City of Colleyville Page 5 City Council Minutes August 20, 2013 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 6:23 p.m. and reconvened at 6:24 p.m. INVOCATION: Pastor Lee Johnson, Bear Valley Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3656 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition In recognition of Colleyville's featured business - Market Street United, 5605 Colleyville Boulevard - Alyssa Grimes, Concierge; Josh Griffin, General Manager; Allen Strange, Store Operations Manager - Mayor David Kelly and Economic Development Director Marty Wieder Mayor Kelly and Economic Development Director Marty Wieder recognized Alyssa Grimes, Concierge; Josh Griffin, General Manager; and Allen Strange, Store Operations Manager, Market Street United. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3657 4a Approval of the minutes of the regular City Council meeting of July 16, 2013 4b Approval of the minutes of the City Council Worksession of July 23, 2013 4c Approval of the minutes of the City Council Worksession of July 30, 2013 City of Colleyville Page 6 City Council Minutes August 20, 2013 4d Approval of a preliminary plat on 10.07 acres on Lot 1, Block 1, of the Stajduhar Addition located at 816 W. L. D. Lockett Road, Case PC13-012 4e Approval of a City-Developer Agreement with Ivy Glen Colleyville, L.L.C. for the construction of and the reimbursement of a storm drain along Cheek-Sparger Road, and authorize the city manager to execute the agreement 4f Approval to purchase a Harben Sewer Jet truck from Philpott Ford, through the Texas Local Governmental Purchasing Cooperative (BuyBoard), in an amount not to exceed $120,205, and authorize the city manager to execute the contract 4g Approval of an Interlocal Agreement with the City of Bedford to provide for the construction of a roundabout at the intersection of Cheek- Sparger Road and Jackson Road/Central Drive, and authorize the city manager to execute the agreement 4h Approval to purchase audio/video replacement equipment and services for the City of Colleyville Emergency Operations Center and Police Department training and conference areas, from Digital Resources, Inc., in an amount not to exceed $65,000, and authorize the city manager to execute the contract 4i Approval of the Traffic Safety Advisory Committee bylaws Mayor Kelly read Resolution R-13-3657 in its entirety. Councilmember Hall questioned staff regarding agenda item 4d, will Laura Lane be closed? Community Development Director Ron Ruthven replied the street will be open. Mayor Pro Tem Taylor questioned staff regarding agenda item 4h, and the difference between the two items. Information Systems Manager Chris Pena replied the difference in size is because of the difference in the room size. Mayor Pro Tem Taylor questioned staff regarding if one unit goes down, will the other one be used as a back-up? Manager Pena replied staff would have to move to the room in which the communication unit is available. Mayor Kelly opened the public hearing at 7:46 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:46 p.m. City of Colleyville Page 7 City Council Minutes August 20, 2013 Councilmember Hart moved to approve Resolution R-13-3657. Councilmember Short 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. RESOLUTION(S): READING AND PUBLIC HEARING 5a Resolution R-13-3658 Approval of a preliminary plat for 5.7 acres located on Lots A1, B1, and B1A of The Oaks Addition, located at One and Two Country Way, Case PC13-006 Mayor Kelly read Resolution R-13-3658 in its entirety. Community Development Director Ron Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 7:51 p.m. Bryan Holland, and Ty Thompson, both with Graham Hart, came forward to present the case and brief City Council. Ron Carroll, 1 Country Way, stated the drainage coming from the Covington addition is creating an issue; however, this development will fix those drainage issues. Mary Carroll, 1 Country Way, spoke in support of this plat request since this development will fix the drainage issue. Rob Tomerlin, 2 Country Way, spoke in support of this plat request since it seems that it will fix the drainage issue. The following persons did not wish to speak but registered their support of this request: Martha Tomerlin, 2 Country Way and JoAnn Fawcett, 3 Country Way. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 8:12 p.m. Mayor Kelly questioned staff regarding if the waiver requests should be approved through the plat approval process versus a zoning change. Director Ruthven replied this is not the typical process in which waiver requests are made. City of Colleyville Page 8 City Council Minutes August 20, 2013 Mayor Kelly questioned staff regarding if the property is currently zoned for this use. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if this plat will require a comprehensive drainage plan to address these issues. Director Ruthven replied yes, the developer will be required to comply with the current drainage standards. He added a comprehensive analysis is not required with this request. Councilmember Hall stated these items seem to be ones discussed during a planned unit development process. Mayor Kelly concurred. Director Ruthven stated any waiver with the Land Development Code can be approved by City Council at any time, not necessarily during a zoning change. Mayor Kelly questioned Mr. Holland regarding why not go through the zoning process rather than a plat process. Mr. Holland stated the property is already zoned R20-Single Family Residential, therefore it did not require a zoning change. Mayor Kelly questioned staff regarding if there is a sidewalk waiver request. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if there is an underground waiver request to the drainage. Director Ruthven replied yes. Mayor Kelly stated it seems that these are items being thought about after the fact, since the property is zoned correctly. Mayor Pro Tem Taylor stated he concurred with the Mayor’s comments. Mayor Pro Tem Taylor questioned staff regarding the drainage issue. City Attorney Matthew Boyle stated the general standard on the City’s liability is that the City would only have the liability with someone else’s development if the City had absolute knowledge of the drainage flow. Mayor Pro Tem Taylor stated the City standard is that no more drainage may exist, other than what is currently draining. He added he did not know this property was flooding. Mayor Pro Tem Taylor stated he could not support a bar-ditch proposal and added he would only support the current standards for the existing zoning. Mayor Kelly stated a straight zoning request does not allow any waiver requests. Mayor Pro Tem Taylor questioned Mr. Holland regarding if all property owners are selling their properties. Mr. Holland stated that Mr. Tomerlin is selling four acres, and Mr. Carroll is selling his entire parcel. City of Colleyville Page 9 City Council Minutes August 20, 2013 Mayor Pro Tem Taylor questioned Mr. Holland regarding where the water is currently going. Mr. Holland stated it flows across their property onto L.D. Lockett Road, and further explained the process in which they will route the water flow. Mayor Kelly stated this just does not seem the right forum to discuss these waiver requests. Mr. Holland stated these same issues will be discussed at a rezoning request. Mayor Kelly concurred; however, those issues are usually discussed at that time. Mayor Pro Tem Taylor stated he is not comfortable with using the plat request to discuss these waivers. Councilmember Mogged questioned staff regarding what are the steps being missed to get through those engineering issues through this plat process rather than a zoning change. Director Ruthven replied there are specific requirements for a planned unit development, in particular a detailed staff analysis, as well as three public hearings. He added any code amendment is codified in the ordinance. Councilmember Hall questioned staff regarding if all items were met for the R20 zoning district, would this plat need City Council approval? Director Ruthven replied yes, since this plat has more than four lots, it requires City Council approval, and is usually done by consent. He added any other waiver requests would be independent from the plat approval. Mayor Kelly questioned staff regarding if the plat is approved, with some lot width variances, could the developer move forward with the development and then come back for separate waiver requests? Director Ruthven replied yes. Councilmember Hall questioned staff regarding the sidewalk waiver request. Director Ruthven replied the developer can later submit for a sidewalk waiver request. Councilmembers Hall and Short questioned Mr. Holland regarding if he will walk away from this project if the plat is not approved. Mr. Holland replied he is not sure at this time. Councilmember Hart stated he hoped Mr. Holland would not walk away from this. He stated he understands this is a difficult piece of property, but that it seems some of these issues can be resolved. Mr. Holland stated he wants to continue to develop in Colleyville but this property is difficult. He stated he does not want the cost to supersede the beauty of the property. Mayor Pro Tem Taylor stated City Council does not willingly create these circumstances. He stated he wants this development to be done and approved properly by City Council. City of Colleyville Page 10 City Council Minutes August 20, 2013 Mayor Kelly questioned staff regarding what would be the process the developer would have to seek if the other waiver requests are not granted. City Attorney Matthew Boyle replied the other waiver requests would have to come back to City Council in some format. He added it is possible for City Council to approve the preliminary plat request, with the only waiver being to the lot width requirement on those few lots not meeting the standard zoning district width. Mayor Pro Tem Taylor questioned staff regarding the lot width waiver. Director Ruthven replied the lot width waiver request would include Lots 1, 2, and 3. Mayor Pro Tem Taylor questioned staff regarding if the rear lot width is considered. Director Ruthven replied the lot width is measured at the front building line. Mayor Kelly stated being comfortable with the proposed lot sizes, especially since the square footage exceeds the zoning district requirement. Councilmember Hall questioned Mr. Holland regarding if he is seeking some assurances that the final plat will be approved. Mr. Holland stated he would have to know that he could move forward through the steps with the variances that have been requested, at some point during the development. Councilmember Hall stated he would like to give options so that this project may move forward so that the properties can be sold and improved. Mr. Holland stated the project has to be profitable for him. Mayor Pro Tem Taylor questioned staff regarding the width of Lot 1. Director Ruthven replied Lot 1 is 87 feet wide. Mr. Tomerlin stated if sidewalks were constructed in this development, those sidewalks lead to nowhere. Mayor Kelly stated there is a proper mechanism to request a waiver to a sidewalk. Director Ruthven added if the waiver to the lot width is granted for this preliminary plat, the same request will be made for approval of the final plat and recorded for the legal dimensions on the plat. Mr. Holland questioned City Council regarding what is considered the cul-de-sac. Director Ruthven stated it would be at the point in which the radius moves from the straight right-of-way. Mayor Pro Tem Taylor stated the R20 zoning district requires a 100 foot front width. Mayor Kelly stated the lots meet the 20,000 square foot requirement rather than the street frontage. City of Colleyville Page 11 City Council Minutes August 20, 2013 Mayor Pro Tem Taylor stated there has been a historical compliance with the 100 foot frontage requirement with the R20 zoning district. Mayor Kelly questioned staff regarding if the preliminary plat is approved, will the final plat be binding for approval? Director Ruthven replied correct, it will not be binding for approval. He added if the plat is denied, a final plat cannot be brought forward. Mr. Holland questioned staff regarding if the final plat could still be denied even if the preliminary plat is approved. City Attorney Matthew Boyle replied yes, but that it has not been the case with this City Council. Mayor Kelly moved to approve Resolution R-13-3658 with the following variance: Lots 1, 2, and 3 are allowed to be 95 feet in width. Councilmember Hall seconded the motion. Councilmember Hart questioned City Council regarding what are the next steps. Mayor Kelly stated the developer will have to address the other waiver requests prior to final plat approval. 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 5b Resolution R-13-3659 Approval of a proposal to set the ad valorem tax rate for Fiscal Year 2014 at $.3559 per hundred dollars of valuation Mayor Kelly read Resolution R-13-3659 in its entirety. Assistant City Manager and Chief Financial Officer Terry Leake presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 9:12 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 9:12 p.m. Mayor Kelly stated the tax rate has remained the same for almost 18 years. Assistant City Manager and Chief Financial Officer Terry Leake replied it has remained the same since 1996. City of Colleyville Page 12 City Council Minutes August 20, 2013 Mayor Pro Tem Taylor moved to approve Resolution R-13-3658. Councilmember Hart seconded the motion. Councilmember Hart stated the voters approved the increase in 2008 for $0.01 cent; however, the entire cent was not even used. Mayor Kelly concurred and thanked staff for being fiscal conscious. Mayor Pro Tem Taylor thanked the citizens for their efforts. 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 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Linda Baker, 4900 Behrens, came forward and spoke regarding the animal control ordinance, and stated she did not want the City of Colleyville to necessarily adopt what the City of Keller is proposing. 7. REPORTS Traffic Safety Advisory Committee Meeting Minutes - June 28, 2011 Senior Center Advisory Committee Meeting Minutes - April 18, 2013 Sign Board of Appeals Meeting Minutes - May 15, 2013 Planning and Zoning Commission Meeting Minutes - June 10, 2013 Colleyville Library Board Meeting Minutes - June 10, 2013 Planning and Zoning Commission Meeting Minutes - June 24, 2013 There was no discussion of this item. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR AUGUST 20, 2013 - Reading and Public Hearing - Resolution R-13-3660 This resolution was not needed. 9. 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: City of Colleyville Page 13 City Council Minutes August 20, 2013 Aye: 7 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart Mayor Kelly adjourned the City Council meeting at 9:20 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 3RD DAY OF SEPTEMBER 2013. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 14