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HomeMy WebLinkAboutCity Council-Minutes-10/2/2013 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Wednesday, October 2, 2013 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation and discussion of SH26/Colleyville Boulevard PC-2 Presentation and update on the Cheek-Sparger Road and Bedford Road/Court Intersection Improvement Project PC-3 Update and discussion regarding the 2014 citizen survey methodology PC-4 Discussion of Ordinance O-02-1322 PC-5 Discussion of the October 2, 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 Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect City of Colleyville Page 1 City Council Agenda October 2, 2013 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Shawn Maurer, Compass Christian 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-13-3676 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3677 4a Approval of the minutes of the City Council worksession of September 16, 2013 4b Approval of the minutes of the regular City Council meeting of September 17, 2013 4c Approval of Progressive Waste Solutions' Consumer Price Index (CPI) rate adjustment of 3.29 percent, for commercial and roll-off accounts only, and establishing the effective date of the adjustment to be November 1, 2013 4d Approval of a final plat on 10.07 acres on Lot 1, Block 1, Stajduhar Addition, located at 816 W. L. D. Lockett Road, Case PC13-015 4e Approval of a final plat for 12.0 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey, and Lot 1, Block 1, of the Bone Addition, located at 5008 and 5100 Bluebonnet Drive, Case PC13-016 4f Approval to purchase four Chevrolet Tahoe patrol vehicles, and all equipment, from Caldwell Country Chevrolet, in an amount not to exceed $201,676. Approval to purchase one Ford Fusion administrative vehicle, from Philpott Ford, in an amount not to exceed $18,523.75; both approved state vendors, bid through the Cooperative Purchasing Program with the State of Texas City of Colleyville Page 2 City Council Agenda October 2, 2013 4g Approval and adoption of the City of Colleyville Landscape Branding manual 4h Approval of the renewal of an Interlocal Agreement with Tarrant County for the Cheek-Sparger Road and Jackson Road Intersection Improvements, and authorize the city manager to execute the agreement 4i Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Lavaca Trail, and authorize the city manager to execute the agreement 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-13-1887 Consideration for a zoning change from PUD-C-Planned Unit Development Commercial to PUD-R-Planned Unit Development Residential, on 1.82 acres on Lot 1, Block 1, of the San Bar Square Addition, located at 105 Cheek-Sparger Road, Case ZC13-008 5b Ordinance O-13-1888 Consideration of a request for a Special Use Permit for an accessory building on Lot 10, Block 4, of the Ashmore Addition, located at 2713 Highgrove Court, Case ZC13-011 5c Ordinance O-13-1889 Consideration of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on 1.06 acres on Lot 8, of the Mrs. Eva Paul’s Subdivision, located at 1105 Tinker Road, Case ZC13-012 5d Ordinance O-13-1890 Consideration of a request for a Special Use Permit for a dance studio on Lot 1, Block 1, of the Ratliff Addition, located at 5310 Pleasant Run Road, Case ZC13-013 5e Ordinance O-13-1891 Approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2013 Annual Rate Review Mechanism filing and adopting tariffs that reflect rate adjustments consistent with the negotiated settlement 5f Ordinance O-13-1892 Approval of amendments to the Code of Ordinances Chapter 70, Article II, Section 70-28, Relating to Home Solicitation, Distribution, and Miscellaneous Sales City of Colleyville Page 3 City Council Agenda October 2, 2013 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-13-3678 A resolution nominating candidates to the Tarrant Appraisal District (TAD) Board of Directors 7. ORDINANCE(S) CONTINUED: READING AND PUBLIC HEARING 7a Ordinance O-13-1881 Request for approval of a Special Use Permit for alcoholic beverage sales for off-premises consumption on Lot 7A, Block 2, Village Park Addition, located at 4801 Colleyville Boulevard. Approval of a Special Use Permit for alcoholic beverage sales for on-premises consumption on Lots 1R1, 4, 5A, 6A, 7A, and 9R, Block 2, Village Park Addition, located at 4701, 4709, 4717, 4725, 4801, and 4843 Colleyville Boulevard, Case ZC13-009 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Historical Preservation Committee Minutes - June 13, 2013 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 2, 2013 - Reading and Public Hearing - Resolution R-13-3679 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, September 27, 2013 by 5:00 p.m. Amy Shelley, TRMC City Secretary City of Colleyville Page 4 City Council Agenda October 2, 2013 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 5 City of Colleyville City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Wednesday, October 2, 2013 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on October 2, 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, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Human Resources Director Michelle Reyes, Colleyville Center Manager Leslie Hill, City Engineer Jeremy Hutt, Project Engineer Dale Crown, Management Analyst James Hubbard, 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 Presentation and discussion of SH26/Colleyville Boulevard City Engineer Jeremy Hutt presented this item and briefed the City Council. Councilmember Mogged questioned staff regarding the enhancement funding of $1.59 million. Engineer Hutt stated it cannot be used in the extension of the roadway, but it can be used in the parkway, and for some amenities. City Manager Jennifer Fadden further explained there was a service transportation enhancement grant for the funding of a trail on both sides of Colleyville Boulevard for the entire length of the roadway. Mayor Kelly questioned staff regarding the original funding and the left over dollars, what happened to the $4 million of new funding? City Manager Jennifer Fadden stated that during the worksession held on September 16, NCTCOG stated the funding was in the project. She added the current project came in about 10 percent higher than the cost estimates; therefore some of that extra funding is actually going toward it. Mayor Pro Tem Taylor stated the Grapevine portion was stopping at Pool/Brumlow and that was stated in the Memorandum of Understanding. City of Colleyville Page 1 City Council Minutes October 2, 2013 Mayor Kelly stated the funding had always been in place from Brumlow to Hall- Johnson Road, with the TIF funding from the City. There was further discussion between Mayor Kelly and Mayor Pro Tem Taylor regarding the project and funding. Mayor Kelly stated the funds have been allocated, but the accounting has not been reported. City Manager Jennifer Fadden stated staff can acquire a cost accounting report for the SH26 project. Mayor Pro Tem Taylor stated moving it to the central business district (CBD) is in the best interest of the City. He stated the focus should be from Brown Trail and to the north. Mayor Pro Tem Taylor stated widening the medians and not affecting the business owners and building the corridor to the width established in the matrix of four lanes, makes sense for economic development. Councilmember Short stated moving the section to the CBD makes more sense. Mayor Kelly stated Phase II will be south of Brown Trail to north of Hall-Johnson, therefore, the second option to consider is rather SH26 will be constructed as four lanes with a wider median, or six lanes with a smaller median. Councilmember Mogged questioned staff regarding if there are any maintenance costs, in the budget, for the medians. City Manager Jennifer Fadden replied no. Councilmember Mogged stated that is something to consider, especially since there is no budget for such. Mayor Kelly stated the medians could be grass only instead of landscaped for a lesser cost. City Engineer Hutt replied the landscaped areas would be more for the four lane scenario. He added staff does not recommend the fully landscaped, heavily dense medians, only pockets of dense landscaping. He stated for the majority, they will be landscaped, but not dense. Councilmember Mogged questioned City Council regarding the cost the City is willing to spend on the maintenance of the medians. Mayor Kelly stated it will depend on the visual you want while driving through Colleyville. He stated the budget can always be determined later. Mayor Pro Tem Taylor stated Colleyville Boulevard is the only commercial corridor and life-line for the future commercial tax based businesses. He stated the citizens are not going to criticize a beautifully landscaped corridor. He stated we need to try and make a visual presentation. City of Colleyville Page 2 City Council Minutes October 2, 2013 Councilmember Mogged stated maybe the landscaping could be phased in, rather than doing it all at once. Councilmember Hart questioned staff regarding whether economic development would benefit from a six lane versus a four lane roadway. Economic Development Director Marty Wieder replied the presentation, as it corresponds to the existing properties, will be enhanced. He stated a four lane roadway invites businesses or people to come and stay here. Councilmember Hall stated we want this to look like Colleyville versus a race track through Colleyville. He stated he likes the four lane option, with as much landscaping as we can afford. Mayor Pro Tem Taylor stated there are a lot of visual aspects that are not going to require a maintenance cost. Councilmember Wollin stated being in favor of the four lane option since it seems to be more calm and inviting. Councilmember Short stated not liking a six lane being characterized as a raceway. He stated the number of lanes does not dictate a raceway. Mayor Kelly stated there is a different perspective with the more expansive roadway. Councilmember Wollin stated four lanes are more welcoming. Councilmember Hall stated there is currently a lot of traffic, during the rush hour. Councilmember Wollin stated having a concern for the cut-through for the medians. Mayor Kelly stated there is still some openness to look at that, as long as it meets the intersection need. Mayor Pro Tem Taylor stated he would like to see this as the opportunity for City Council to use the best option to move forward. He stated there has been a lot of effort to become business friendly. Councilmember Wollin stated it will be in keeping with the rural feel, with the trees and grass. Councilmember Mogged stated the operating costs will give us the community feel and will save us money on the same project. City of Colleyville Page 3 City Council Minutes October 2, 2013 Mayor Kelly stated the annual maintenance cost will have to be worked into the budget. Councilmember Hart stated this is being put together as we can do so. Councilmember Mogged stated the four lane option versus the six lane option seems to be the way to go. Councilmember Short stated he is struggling with the concept of the narrowing of the roadway through the central part of town. Mayor Kelly stated this will help with the transitioning between the communities. He stated no one can tell the difference between Southlake and Keller on FM1709 because the roadway looks the same. Councilmember Short questioned staff regarding how much more capacity is out there, and what is the timeline in which we would want to add the third lane? City Manager Jennifer Fadden stated NCTCOG estimates the developed area for this region is one percent of traffic growth, per year, but that SH26 is declining. Councilmember Short questioned staff regarding how much of traffic is estimated to be generated with economic development. City Manager Jennifer Fadden replied it will depend on the type of commercial business and that the most available, undeveloped land is located at John McCain Road. Mayor Pro Tem Taylor stated there would still be four lanes at the Cheek-Sparger Road intersection because of the sharing of the roadway with Hurst. Councilmember Short questioned staff where the traffic counts were taken. City Manager Jennifer Fadden stated between Tinker and Hall-Johnson Road. Mayor Pro Tem Taylor stated the ability to expand is still an option, for the future. Councilmember Mogged questioned Councilmember Short regarding his concern for the four lane option versus the six lane option in the CBD. Councilmember Short replied it will be a challenge to make it look right with six lanes, but that the four lanes will not fix that corridor, especially since the traffic counts to the south have been higher than the traffic counts to the north. Mayor Pro Tem Taylor stated the transportation and infrastructure improvements made in the region help with the interior collectors such as SH26. Mayor Kelly stated the intersections are where the traffic bogs down. Councilmember Short stated he wants City Council to decide and look at all of the options, with eyes wide open, considering the future development and with traffic City of Colleyville Page 4 City Council Minutes October 2, 2013 counts. He stated he would hate to decide on four lanes, and then three years later decide six lanes are needed. Mayor Pro Tem Taylor stated SH26 may back up during the rush hour, however, it does not back up any other time. Mayor Kelly concurred. Mayor Kelly stated funding is available from Brown Trail to Hall-Johnson Road, Phase II. Councilmember Mogged questioned City Council regarding if we need to look at the different sections of the roadway, maybe where it might need six lanes versus only four lanes. Mayor Kelly stated it will depend on the look with the connectivity through the community. Engineer Hutt explained there will be dedicated left and right turn lanes where necessary; however there will not be a third through lane on top of the turn lanes. Councilmember Short questioned staff regarding the capacity that is added to the intersection. Engineer Hutt replied it will be to the turn lanes, not the through lanes. Mayor Pro Tem Taylor stated this will allow the straight through traffic to continue to flow, which will work. Councilmember Hall questioned staff if it would be possible to have a smaller middle median and move it to the outside section of the roadway, that way the median can be used for expansion. Mayor Kelly stated it will interrupt the businesses to do the construction for any expansion. Councilmember Hall stated there had been talks about side roadways along SH26 to allow for outdoor cafes and such. Engineer Hutt replied it will cost more because of the internal infrastructure included in the outside lanes. Mayor Kelly questioned staff regarding job site location. Engineer Hutt replied it will be better to have the job site in place, and negotiate the location once, rather than to renegotiate a location. Mayor Kelly questioned staff regarding the tax percentage allocated. City Manager Jennifer Fadden replied about 10 percent. Councilmember Hall questioned staff regarding the tax anticipation note. Assistant City Manager/Chief Financial Officer Terry Leake replied it is a bond issuance done through the TIF that will give the source of payment. She stated by state law a tax anticipation note will have a duration of seven years or less. City of Colleyville Page 5 City Council Minutes October 2, 2013 Councilmember Hall questioned staff regarding who pays for this note. Assistant City Manager/Chief Financial Officer Terry Leake replied the taxes from the TIF. Mayor Kelly questioned City Council regarding if they want to look at making this a two phased project, knowing that Phase II will be short on funding, or a three phased project, with Phase II funded, and look at getting Phase III done in the future, at a possible higher cost. City Manager Jennifer Fadden stated the project has to go through the modification process, and TxDOT stated City Council has to commit the funding by October 24. Mayor Pro Tem Taylor questioned Mayor Kelly regarding what is Phase III. Mayor Kelly stated it would be Hall-Johnson Road to John McCain Road. Mayor Pro Tem Taylor stated we are now building the state’s road, which is their asset. Mayor Kelly stated the ideas of transportation funding have changed. He stated we now have the ability to have funding partners, and it may be difficult to get the funding in the future. Councilmember Hall questioned staff regarding what is left unfunded. Engineer Hutt replied $8.5 million. Mayor Kelly stated he firmly believes in getting the roadway connected. Engineer Hutt replied if some of the funding is used to extend the current project to Tinker Road, with all of the intersections to be completed, $5 million would be needed. Mayor Kelly stated it can be viewed as an expense or an investment. He stated Phase III can be worked up later, at an additional cost. City Manager Jennifer Fadden concurred. Councilmember Hall stated a decision could be made at the next City Council meeting on October 15. Councilmember Hall questioned Mayor Kelly regarding if the state will change its mind on transportation funding. Mayor Kelly replied it is a funding play with almost 80 communities fighting for the same dollars. Councilmember Short stated not all of those other communities have invested $5 million and have a Memo of Understanding. He stated he would hope the Memo would keep Colleyville in the front of the line. City of Colleyville Page 6 City Council Minutes October 2, 2013 Councilmember Hart stated the south end of town has to be considered by the state, at some point, for the connection. He stated he believes this will have to be done in phases, and in the future, there may be other funds available. He added there is already a huge amount of money carved out for the Glade Road project. Councilmember Hall stated if the project amount is accurate, there is only $3 million unfunded. Mayor Kelly stated there are other counties in which the funds will be spread about because of the balance of allocations. Mayor Pro Tem Taylor stated there becomes a point where we have to ask if we want to keep putting money into someone else’s asset. Councilmember Hall stated Colleyville benefits from this roadway and its improvements. Mayor Kelly stated for the next meeting, we can discuss the capacity of the tax incentive/notes and the funding of those; and if there is an opportunity for the pass through, and how that may look, and if it may help us. Councilmember Short stated there may be other monies available from other funding sources to help fill in this gap. Mayor Kelly stated there is no more money, currently, according to NCTCOG. Mayor Kelly stated the decision is that there are three additional funding sources that will get the project to a certain length, which will leave an unfunded part of Colleyville Boulevard which will not be renewed, therefore do we want to go with a) go as far as we can with identified sources, and know there will be a section of 4,500 feet of unimproved roadway, or b) have some funding scenarios that can be used to fill in that gap. Councilmember Mogged questioned staff regarding if the actual traffic counts for Hall-Johnson Road to Tinker Road can be verified. Engineer Hutt replied not knowing if TxDOT has those historical numbers. PC-2 Presentation and update on the Cheek-Sparger Road and Bedford Road/Court Intersection Improvement Project Mark Goode III, PE, Kimley-Horn, presented an update on the Cheek-Sparger Road and Bedford Road/Court intersection improvement project. Mayor Pro Tem Taylor questioned Mr. Goode regarding the six foot grade. Mr. Goode explained the six foot grade is needed for the transition areas with the variations in speed control. City of Colleyville Page 7 City Council Minutes October 2, 2013 Councilmember Mogged questioned Mr. Goode regarding the sidewalks and trails, are they currently in the right-of-way? Mr. Goode replied yes. Councilmember Mogged questioned staff regarding if the remaining portion of the trail could be incorporated in this design versus waiting until later. Engineer Hutt replied any additional City add-ons would require an amendment to the City- Developer Agreement to compensate the developer. Mr. Randy Johnson, Development Manager for Cirrus Health, added the developer would have to go back to the bank and renegotiate the loan, if this was added. He stated there are still some questions regarding the placement with the trail. He stated the roundabout has to be finalized before the developer can move forward with the remainder of the project. Engineer Hutt stated there are some items which will not be included in this roundabout, such as sidewalks between the crosswalks, street lighting, pavers in the parkway, and center island landscaping. Councilmember Short questioned Mr. Goode regarding if there will be any lighting installed. Mr. Goode replied yes, but it will be the standard lighting versus the upgraded lighting. Engineer Hutt concurred. Mayor Kelly questioned staff regarding the placement of pavers. Engineer Hutt stated the pavers were installed from the trail to the back of the curb at the John McCain and Pleasant Run Road roundabout. Councilmember Short questioned staff regarding if there will be grass in the center island. City Manager Jennifer Fadden explained it will not be irrigated. Mayor Pro Tem Taylor questioned staff regarding if the irrigation could be sleeved for future installation. Engineer Hutt replied yes. Mayor Kelly questioned Mr. Johnson regarding the remainder of the project. Mr. Johnson replied they would like to submit for the permit by the beginning of next year. Councilmember Hall questioned staff regarding how long Bedford Road would be closed. Engineer Hutt stated they have not estimated that time, however, Jackson Road was scheduled for 60 days, and that he would anticipate somewhere around the same timeframe. Councilmember Hall stated it will interfere with Covenant Christian Academy. City Manager Jennifer Fadden stated it will likely be when school is out. City of Colleyville Page 8 City Council Minutes October 2, 2013 PC-3 Update and discussion regarding the 2014 citizen survey methodology Mayor Kelly explained this item will have to be heard at the next City Council meeting on October 15. PC-4 Discussion of Ordinance O-02-1322 Mayor Kelly explained this item will have to be heard at the next City Council meeting on October 15. PC-5 Discussion of the October 2, 2013, City Council regular agenda items Mayor Kelly explained he would be moving agenda item 7a up to be heard after the consent agenda items. Mayor Kelly adjourned the Pre Council meeting at 7:22 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:48 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, Fire Chief Brian Riley, Economic Development Director Marty Wieder, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Parks Superintendent Tim Hightshoe, Strategic Services Manager Adrienne Lothery, 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 9 City Council Minutes October 2, 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 7:22 p.m. and reconvened at 7:23 p.m. INVOCATION: Pastor Shawn Maurer, Compass Christian 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-13-3676 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 Mayor Kelly announced the October 1, 2013 Texas Night Out was a success, and the Police Department won the annual softball tournament. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3677 4a Approval of the minutes of the City Council worksession of September 16, 2013 4b Approval of the minutes of the regular City Council meeting of September 17, 2013 4c Approval of Progressive Waste Solutions' Consumer Price Index (CPI) rate adjustment of 3.29 percent, for commercial and roll-off accounts only, and establishing the effective date of the adjustment to be November 1, 2013 4d Approval of a final plat on 10.07 acres on Lot 1, Block 1, Stajduhar Addition, located at 816 W. L. D. Lockett Road, Case PC13-015 4e Approval of a final plat for 12.0 acres on Tracts 3, 3E, and 3F, of Abstract 936 of the Joseph M. Looney Survey, and Lot 1, Block 1, of the City of Colleyville Page 10 City Council Minutes October 2, 2013 Bone Addition, located at 5008 and 5100 Bluebonnet Drive, Case PC13- 016 4f Approval to purchase four Chevrolet Tahoe patrol vehicles, and all equipment, from Caldwell Country Chevrolet, in an amount not to exceed $201,676. Approval to purchase one Ford Fusion administrative vehicle, from Philpott Ford, in an amount not to exceed $18,523.75; both approved state vendors, bid through the Cooperative Purchasing Program with the State of Texas 4g Approval and adoption of the City of Colleyville Landscape Branding manual 4h Approval of the renewal of an Interlocal Agreement with Tarrant County for the Cheek-Sparger Road and Jackson Road Intersection Improvements, and authorize the city manager to execute the agreement 4i Approval of an Interlocal Agreement with Tarrant County for the rehabilitation of Lavaca Trail, and authorize the city manager to execute the agreement Mayor Kelly read Resolution R-13-3677 in its entirety. Mayor Kelly opened the public hearing at 7:53 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:53 p.m. Mayor Pro Tem Taylor questioned staff regarding agenda item 4f, why not take delivery on 2014 models versus 2013 models? Police Chief Mike Holder stated there have been significant changes to the body style, including the interior, which would require purchasing new equipment. He added with the fleet management plan having been implemented, it is important to get these vehicles quickly and on the streets. Mayor Pro Tem Taylor questioned staff regarding if purchasing 2014 models had been considered. Chief Holder replied yes. Mayor Kelly thanked Commissioner Fickes and Judge Whitley regarding agenda items 4h and 4i, they have been great partners for the City of Colleyville. Mayor Kelly moved to approve Resolution R-13-3677 with an amendment to the minutes for PC-1, the correction to the dollar amount requested. Councilmember Hall seconded the motion. City of Colleyville Page 11 City Council Minutes October 2, 2013 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): FIRST READING AND PUBLIC HEARING 5a Ordinance O-13-1887 Consideration of a request for a zoning change from PUD-C-Planned Unit Development Commercial to PUD-R-Planned Unit Development Residential, on 1.82 acres on Lot 1, Block 1, of the San Bar Square Addition, located at 105 Cheek-Sparger Road, Case ZC13-008 Mayor Kelly read the caption of Ordinance O-13-1887. Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 8:09 p.m. Mark Howe, applicant, presented the item and briefed the City Council. Mark Isbell, applicant, presented the item and briefed the City Council. Mary Bennett, 3705 Briarhaven Lane, stated being in favor of having residential homes, but being very fearful of any commercial development on the subject property. Daniel Morrison, 123 Felps Court, stated being opposed to this development with concerns for traffic, fencing, and density. Claudia Bevill, 119 Cheek-Sparger Road, spoke in opposition to this request with concerns for density, lot coverage, lot size, open space, tree preservation, and drainage. The following persons did not wish to speak but wanted to register their opposition to this request: James Bevill, 119 Cheek-Sparger Road and Lowell Morrison, 123 Felps Court. There were no others wishing to speak and Mayor Kelly closed the public hearing at 8:26 p.m. Mayor Kelly questioned staff regarding if the ordinance specifically references any attachments. Director Ruthven replied there are no references to any specific attachments. City Attorney Matthew Boyle concurred. City of Colleyville Page 12 City Council Minutes October 2, 2013 Mayor Kelly questioned staff regarding if the ordinance references supporting documents. Director Ruthven replied yes, but not specific to a certain exhibit. Mayor Kelly stated it seems that there are too many lots trying to be put on this property. He stated the open space is less than what is required. Mayor Kelly questioned staff regarding the percentage of open space allowed for retention/detention. Director Ruthven replied the percentage of open space allowed for retention/detention cannot exceed 25 percent. Mayor Kelly questioned staff regarding if open space, outside of the retention/detention, is included in the proposed 16 percent. Director Ruthven replied the actual drainage requirements will be determined at the time of platting. Mr. Howe explained there is plenty of room for such. Councilmember Short questioned Mr. Isbell regarding the right-of-way dedication along Cheek-Sparger Road seeming to be a lot wider than the property to the east. Keith Hamilton, consulting engineer, answered for Mr. Isbell and stated, yes, it is wider. Director Ruthven explained the right-of-way had been dedicated at the time of platting. Councilmember Short stated they would be set back from the roadway more than the adjacent properties. Councilmember Mogged questioned staff regarding the setbacks for the adjacent properties. Director Ruthven stated those properties reflect the more current right-of-way. Councilmember Short questioned staff regarding if a perimeter sidewalk will be constructed on this property. Director Ruthven replied yes, interior and exterior, as part of this development. Mayor Pro Tem Taylor stated the sidewalk will resolve the bike issue. Mr. Howe stated the dedication of right-of-way, was to accommodate the expansion of a wider Cheek-Sparger Road. Mr. Howe stated at some point, open space requirements will need to be re- thought, since watering restrictions are always in place. Councilmember Wollin questioned staff regarding the requirements in the proposed ordinance of a 55 foot lot width; does this apply to Lot 5? Director Ruthven replied the cul-de-sac lots do not meet this lot requirement. He stated the developer will accommodate this by moving the setback line on those lots. City of Colleyville Page 13 City Council Minutes October 2, 2013 Councilmember Wollin questioned staff regarding the definition of a flag lot. Director Ruthven explained a flag lot is defined in the Land Development Code as a property that is accessed by a very narrow portion of land. Councilmember Wollin questioned staff regarding what is considered narrow? Director Ruthven replied it does not meet the minimum lot width when measured at the building lot line, however, with a PUD, approved by an ordinance, the City Council would approve what is seen on the conceptual site plan. Mayor Kelly questioned staff regarding the cul-de-sac lot being less than 55 feet. Director Ruthven replied the developer will move the building line setback to where the lot actually meets the lot width requirement. Mayor Kelly stated this will move the home further back on the lot. Mayor Kelly questioned staff regarding if exhibits have been provided showing the elevations of the proposed homes. He added these homes may be two-story, with windows on the backside, which will encroach on the adjacent neighbors. Director Ruthven replied yes, colored exhibits have been provided; however, staff had not received actual footprints for this City Council meeting. Mayor Kelly questioned Mr. Howe regarding if those exhibits could be provided for the next City Council meeting. Mr. Howe replied yes. Councilmember Wollin asked Mr. Isbell if the agreements to be made with the homeowners to the east and south of the development that shall be recorded with the final development documents, been developed? Mr. Isbell stated they have agreed to limit the rear windows on the second story, as well as the underground drainage for the lots on the eastern property line. He stated he does not recall the screening fence along the eastern property lines; the good side will face the neighbors whereas, the pole side will face the proposed development. He added they discussed a mow strip will be in place to help mitigate the potential flood. He stated the wrought iron fence, on the site plan, will be routed around any trees on the eastern property line, adjacent to the Bevill’s. Mayor Pro Tem Taylor questioned Ms. Bevill regarding why she changed her mind about the proposed development. Ms. Bevill stated she is not opposed to residential, just to this proposal. She stated they feel that they are being encroached upon with this density. Councilmember Hart questioned Ms. Bevill regarding what her opinion is of an appropriate number of homes for this development. Ms. Bevill replied four or five homes. Mayor Pro Tem Taylor stated this property could serve as a transitional development. City of Colleyville Page 14 City Council Minutes October 2, 2013 Mayor Kelly stated residential is appropriate for this property since it is a transitional area. He added he has a concern for the density of the property. Councilmember Wollin stated residential is a good land use for this property, but she stated being concerned about the density, setbacks, and lot widths. Mayor Kelly questioned Mr. Isbell and Mr. Howe regarding the lot density. Mr. Isbell stated the original plan was with nine lots, he stated they gave up one lot, which gave up revenue. He stated the Bevill’s originally supported the nine lots. He stated the dilemma that they currently have is that this property allows for more commercial uses than originally thought, therefore, the lot is worth more for commercial. Mayor Pro Tem Taylor questioned staff regarding if a multi-family zoning exits on this property. Director Ruthven stated there was an allowance for RMF uses; however, the density could not be more than the density allowed with the original zoning, which is R20-Single Family Residential, which negates the multi-family uses. Mayor Pro Tem Taylor stated the cul-de-sac street takes up a lot of the property, which takes away from the layout of the lots. Mayor Kelly questioned staff regarding other street design options. Director Ruthven explained there are other options for street design, and he explained those layouts. Mr. Isbell stated they are limiting their lot coverage percentage to 65 percent, to allow for more open space on the actual lots. Mayor Pro Tem Taylor stated these potential homeowners will take pride in their lots and it will add value to the area, if some agreement can be made regarding density. Mayor Kelly questioned Mr. Howe regarding elevations. Mr. Howe stated they have not selected a builder, but he had some examples to provide to City Council. Mr. Isbell stated they could reduce the open space by increasing the lot widths. Mayor Pro Tem Taylor stated the same could be done with the elimination of a lot. Mayor Kelly stated there are subdivisions in which the open space does not meet the open space requirements. Councilmember Mogged stated the Tuscany Addition has the open space at the entrance of the development. He stated it makes a larger impact. City of Colleyville Page 15 City Council Minutes October 2, 2013 Mr. Isbell added there will have to be open space, of some kind, in this corner, and it makes it easier to use this open space with the existing trees. Mr. Howe stated the open space will be visible from Cheek-Sparger Road. Mayor Kelly questioned the City Council regarding if they are good with a decrease in the open space. Mayor Pro Tem Taylor questioned, why? Mayor Kelly questioned if it is better to have more open space, or greater lot coverage? Mayor Pro Tem Taylor stated people do not like mowing yards anymore, especially with the aging community. Mayor Kelly stated this development seems to stand out more than the adjacent properties with the proposed density and lot coverage. Councilmember Hall questioned staff regarding the supermajority vote. Director Ruthven stated a supermajority vote is still required. Mayor Pro Tem Taylor questioned staff regarding the difference between Master Plan densities versus the Land Development Code density. Director Ruthven replied the Master Plan density is the entire development units divided by the acreage. The Land Development Code density is the actual number of lots divided by the actual acreage, which eliminates the right-of-way. Mayor Kelly questioned City Council regarding the importance of the 16 percent open space along Cheek-Sparger Road versus a lesser amount, with a lesser depth, to get the lot coverage reduced, and have a better placement of the lots. Councilmember Short stated the right-of-way along Cheek-Sparger Road should not be considered in the open space percentage for this development. He stated maybe it could be dressed up, or landscaped, to add to the open feel. Mayor Kelly questioned staff regarding the depth of the right-of-way. Director Ruthven replied it is 60 feet. He added the Master Thoroughfare Plan indicates a 75 foot right-of-way for Cheek-Sparger Road; however, the plat for the subject property has an 80 foot right-of-way dedication. Mayor Kelly stated the developer could reduce the depth of the open space, rather than reduce the actual percentage of open space; or the number of lots can be reduced. Mayor Kelly questioned City Council regarding if they would like the developer to come back with alternative options for consideration. Mayor Kelly questioned City Council regarding if they would be good with the reduction in the open space if the trees can be maintained? Mayor Pro Tem Taylor City of Colleyville Page 16 City Council Minutes October 2, 2013 stated the trees will help to mitigate the open space, and will help with the approving of this property. Mayor Pro Tem Taylor questioned Mr. Howe regarding the typical building foot print. Mr. Howe replied typically the foot print includes a 45 foot pad with a 70 foot deck. Mr. Howe stated they will come back with an exhibit that shows the original dedication, with a sidewalk, for possible consideration of it with the open space requirement. Mayor Kelly questioned staff regarding if the bar ditch will have to be re-worked on the San Bar side for a sidewalk. Director Ruthven replied yes. Mr. Howe stated they will have to re-grade that area, a little bit. Mayor Kelly stated being open to seeing a re-work of the right-of-way area. City Council concurred. Mr. Howe replied this is a difficult site. Mayor Kelly recessed the meeting at 9:37 p.m. Mayor Kelly reconvened the meeting at 9:45 p.m. 5b Ordinance O-13-1888 Consideration of a request for a Special Use Permit for an accessory building on Lot 10, Block 4, of the Ashmore Addition, located at 2713 Highgrove Court, Case ZC13-011 Mayor Kelly read the caption of Ordinance O-13-1888. Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 9:47 p.m. The applicant did not have anything additional to add to staff’s briefing. There were no others wishing to speak and Mayor Kelly closed the public hearing at 9:47 p.m. Councilmember Mogged stated the homeowners association’s architectural review committee met to discuss this item at their meeting on September 26, 2013, and they approved this request. City of Colleyville Page 17 City Council Minutes October 2, 2013 5c Ordinance O-13-1889 Consideration of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on 1.06 acres on Lot 8, of the Mrs. Eva Paul’s Subdivision, located at 1105 Tinker Road, Case ZC13-012 Mayor Kelly read the caption of Ordinance O-13-1889. Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 9:50 p.m. The applicant did not have anything additional to add to staff’s briefing. There were no others wishing to speak and Mayor Kelly closed the public hearing at 9:50 p.m. Mayor Kelly questioned staff regarding if the subdivision name will remain the same. Director Ruthven replied yes. 5d Ordinance O-13-1890 Consideration of a request for a Special Use Permit for a dance studio on Lot 1, Block 1, of the Ratliff Addition, located at 5310 Pleasant Run Road, Case ZC13-013 Mayor Kelly read the caption of Ordinance O-13-1890. Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 9:56 p.m. Yuli Nesterenko, applicant, presented the item and briefed the City Council. Robert Figueroa, 817 Central Drive, spoke in opposition to this request with concerns for traffic, parking, security, and privacy. There were no others wishing to speak and Mayor Kelly closed the public hearing at 10:06 p.m. Mayor Kelly questioned Mr. Nesterenko regarding the normal class size. Mr. Nesterenko replied the normal class size is 16, usually twice a week. He stated all 90 students will not be in attendance at once. He stated they have never had any issues with parking in the location they are currently in, and it is a lot less than what this location will have. City of Colleyville Page 18 City Council Minutes October 2, 2013 Mayor Kelly questioned Mr. Nesterenko regarding rehearsals for performances or for the actual performance. Mr. Nesterenko replied they will be at the Irving Center. Mayor Kelly questioned Mr. Nesterenko regarding the drop-off of the students. Mr. Nesterenko replied the parents usually drop-off the students and then leave and come back to pick the students up after their practice. Mayor Kelly questioned Mr. Nesterenko regarding if he is purchasing the building or leasing the building. Mr. Nesterenko replied he will be leasing the building. Mayor Kelly questioned Mr. Nesterenko regarding if he owns the vacant property next door. Mr. Nesterenko replied no, he understood that property is under contract. Mayor Kelly questioned Mr. Nesterenko regarding if he will want to use parking with the adjacent property. Mr. Nesterenko replied that property is vacant and undeveloped. He stated he will not be using the property for parking, and will not need to use it for such. Mayor Kelly questioned staff regarding the current uses allowed in the CN- Neighborhood Commercial zoning district. Director Ruthven replied photography studio, spa, interior decoration studios, and general office buildings. Mr. Nesterenko replied other cities around allow this use in this type of zoning district. Mayor Kelly stated each city is different with its uses. Councilmember Short questioned Mr. Nesterenko regarding the parent drop-off and pick-up situation, will the parents wait outside for the student to come to the car. Mr. Nesterenko replied usually the parents will come in personally to pick them up, unless the student is older. Councilmember Short questioned Mr. Nesterenko regarding if there is a covered area for drop-off and pick-up. Mr. Nesterenko replied no. Mayor Kelly questioned Mr. Figueroa regarding the uses for this building, what are the concerns of the uses for this building. Mr. Figueroa stated not really having an issue with this specific use, but has had some issues since the building has been vacant. He stated having concerns for privacy with the business being open until 9:00 p.m. He stated the fence is in disrepair. Mayor Kelly stated whoever owns the fence would be responsible for the repair of such. Director Ruthven stated the City Council may require additional screening requirements with this request. He added the property owner will need to have a survey done to see who actually owns the fence. City of Colleyville Page 19 City Council Minutes October 2, 2013 Mayor Pro Tem Taylor questioned Mr. Figueroa regarding what types of uses he would like to see in this location. Mr. Figueroa replied he is not too opposed to this ballet use, but concerned about the number of students using this business. Mayor Pro Tem Taylor stated he would feel this use would add value to this area, especially since ballet students seem to be very disciplined. 5e Ordinance O-13-1891 Approving a negotiated resolution between the Atmos Cities Steering Committee and Atmos Energy Corp., Mid-Tex Division, regarding the Company's 2013 Annual Rate Review Mechanism filing and adopting tariffs that reflect rate adjustments consistent with the negotiated settlement Mayor Kelly read the caption of Ordinance O-13-1891. Strategic Services Manager Adrienne Lothery presented the item and briefed the City Council. Mayor Kelly questioned staff regarding the settlement amount. Manager Lothery replied the compromised amount is $16.6 million. Mayor Kelly opened the public hearing at 10:22 p.m. Mary Jean Moloney, with Atmos Energy, thanked City Council regarding their consideration. There were no others wishing to speak and Mayor Kelly closed the public hearing at 10:24 p.m. 5f Ordinance O-13-1892 Approval of amendments to the Code of Ordinances Chapter 70, Article II, Section 70-28, Relating to Home Solicitation, Distribution, and Miscellaneous Sales Mayor Kelly read the caption of Ordinance O-13-1892. Police Chief Mike Holder presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 10:26 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:26 p.m. City Attorney Matthew Boyle questioned Chief Holder regarding if he has read the proposed ordinance in its entirety. Chief Holder replied yes. City of Colleyville Page 20 City Council Minutes October 2, 2013 City Attorney Matthew Boyle questioned Chief Holder regarding if this includes all of the findings included on pages 1-3, of the proposed ordinance. Chief Holder replied yes. City Attorney Matthew Boyle questioned Chief Holder regarding if he believes all of those findings are true and correct. Chief Holder replied yes. 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a Resolution R-13-3678 A resolution nominating candidates to the Tarrant Appraisal District (TAD) Board of Directors Mayor Kelly read Resolution R-13-3678 in its entirety. City Manager Jennifer Fadden presented this item and briefed the City Council. Mayor Kelly opened the public hearing at 10:28 p.m. Councilmember Wollin nominated Mr. John Eubanks to the Tarrant Appraisal District Board of Directors. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:28 p.m. Councilmember Wollin moved to approve Resolution R-13-3678 with the nomination of Mr. John Eubanks. Councilmember Hart 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 7. ORDINANCE(S) CONTINUED: READING AND PUBLIC HEARING 7a Ordinance O-13-1881 Request for approval of a Special Use Permit for alcoholic beverage sales for off-premises consumption on Lot 7A, Block 2, Village Park Addition, located at 4801 Colleyville Boulevard. Approval of a Special Use Permit for alcoholic beverage sales for on-premises consumption on Lots 1R1, 4, 5A, 6A, 7A, and 9R, Block 2, Village Park Addition, located at 4701, 4709, 4717, 4725, 4801, and 4843 Colleyville Boulevard, Case ZC13-009 City of Colleyville Page 21 City Council Minutes October 2, 2013 Mayor Kelly read the caption of Ordinance O-13-1881. Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 7:58 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:58 p.m. Mayor Kelly questioned staff regarding if the Whole Foods business or ownership structure remains in place, will the blanket SUP remain in place? Director Ruthven replied yes. Mayor Kelly questioned staff regarding if any change in the Whole Foods business would require an amendment to the blanket SUP. Director Ruthven replied yes. Mayor Kelly questioned staff regarding what is the definition of a change in use? Director Ruthven defined that it is a change in the use of the business. He explained if a restaurant were to no longer be a restaurant that would be a change in the use. Mayor Kelly stated if a particular restaurant ownership changes and does so in a manner which is not suitable for the residents of Colleyville, would that negate the SUP. Director Ruthven replied if there is a change, other than ownership, the SUP would no longer be good. He added that if a Mexican restaurant changes ownership and becomes a sandwich shop, the SUP would no longer be valid. Mayor Kelly questioned the applicant regarding the language for the restaurant change in use versus the change in ownership. Scott Woodruff, Centennial Real Estate, replied if the restaurant changes its ownership, they want the restaurant to be able to remain in place, regardless of ownership. Mayor Kelly questioned staff regarding if the ordinance needs clarification. Director Ruthven replied if the restaurant changes its name, the SUP would not be valid. Mayor Kelly questioned staff regarding if the landscaping requirements of the Land Development Code will be required to be in compliance. Director Ruthven replied yes. Councilmember Wollin questioned Mr. Woodruff regarding what is the timing in which the front façade will need to be completed? Mr. Woodruff stated Matt’s El Rancho restaurant wants to open while the construction of Whole Foods is being completed. City of Colleyville Page 22 City Council Minutes October 2, 2013 Mayor Kelly moved to approve Ordinance O-13-1881. 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 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak regarding this item. 9. REPORTS Historical Preservation Committee Minutes - June 13, 2013 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 2, 2013 - Reading and Public Hearing - Resolution R-13-3679 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Councilmember Mogged moved to adjourn, and Mayor Kelly seconded the motion. The motion carried with 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 Mayor Kelly adjourned the City Council meeting at 10:29 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 15TH DAY OF OCTOBER 2013. City of Colleyville Page 23 City Council Minutes October 2, 2013 Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 24