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HomeMy WebLinkAboutCity Council-Minutes-10/15/2013 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, October 15, 2013 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Update on the SH26/Colleyville Boulevard construction project PC-2 Update and discussion of the 2014 citizen survey methodology PC-3 Discussion of the first meeting date in November 2013 PC-4 Discussion of Ordinance O-02-1322 PC-5 Discussion of the use of art to enhance public spaces PC-6 Discussion of the distribution of agenda packets for public meetings PC-7 Presentation of the Monthly Financial Report - September 2013 PC-8 Discussion of the October 15, 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 pending litigation - Moxie Pest Services - Dallas, LLC v. City of Colleyville 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 October 15, 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 Dave Jung, Crown of Life 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-13-3680 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 service to a City Board, Commission, or Committee In recognition of Colleyville's featured businesses - Walgreens #4085, 4403 Colleyville Boulevard, Leslie Ramirez, Store Manager and Walgreens #4634, 3830 Glade Road, Jackie O’Shea, Store Manager - Mayor David Kelly and Economic Development Director Marty Wieder Recognition of Wellness Champion Nominees 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3681 4a Approval of the minutes of the regular City Council meeting of October 2, 2013 4b Approval of a construction contract with North Texas Contracting, Inc., for the paving and drainage improvement - Jackson and Cheek- Sparger intersection, in an amount not to exceed $1,932,126, and authorize the city manager to execute the contract City of Colleyville Page 2 City Council Agenda October 15, 2013 4c Approval of a contract with Halff Associates, Inc., for the Comprehensive Plan Update, in an amount not to exceed $249,850, and authorize the city manager to execute the contract 4d Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program 4e Approval of Service Agreements between the City of Colleyville and Trane Service Group, through the Texas Cooperative Purchasing Network (TCPN) to provide for year three of a five year agreement for the inspection, maintenance, and repair of the HVAC systems in the Colleyville City Hall, Colleyville Public Library, and Colleyville Justice Center in an amount not to exceed $60,550.32 5. ORDINANCE(S): SECOND 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 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 City of Colleyville Page 3 City Council Agenda October 15, 2013 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-13-1893 Consideration of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for Lot 1R, Block 1, of the Wildwood Estates Addition, located at 5700 Pool Road, Case ZC13-010 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 15, 2013 - Reading and Public Hearing - Resolution R-13-3682 9. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, October 11, 2013 by 5:00 p.m. Amy Shelley, TRMC 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, October 15, 2013 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on October 15, 2013, at 5:30 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, 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. Mayor Kelly recessed the Pre Council meeting at 5:31 p.m. Mayor Kelly reconvened the Pre Council meeting at 6:41 p.m. PC-1 Update on the SH26/Colleyville Boulevard construction project City Engineer Jeremy Hutt presented this item and briefed the City Council. Mayor Kelly stated the entire project limits will consist of Brown Trail to John McCain Road and that Phase II will consist of Brown Trail to Hall-Johnson Road. Councilmember Short questioned staff regarding Brown Trail to Cheek-Sparger Road. City Manager Jennifer Fadden explained it is not listed in the TIF as such. Engineer Hutt explained the project is listed with the TIF as John McCain to Hall- Johnson Road, therefore, if the project is modified to be shifted to include Brown Trail to John McCain, staff will have to notify TxDOT by October 24, 2013. Engineer Hutt added, by breaking up the project into phases, the project delays, regarding funding, can be controlled. Mayor Kelly stated the other phases can move forward once funding is acquired. Councilmember Short stated the project could include up to Cheek-Sparger Road, as an additional phase. Mayor Pro Tem Taylor stated from Brown Trail to Cheek- City of Colleyville Page 1 City Council Minutes October 15, 2013 Sparger Road is shared with another city and they are not willing to help with this project. Engineer Hutt explained TxDOT does not need to know the exact funding sources, other than if it will be local, state, or federal funds. Councilmember Hall questioned staff regarding what is due on October 24. Engineer Hutt replied TxDOT is asking for any changes to be submitted so the construction documents may be drafted. Councilmember Hall questioned staff regarding if TxDOT wants to know if the project limits have been expanded. Engineer Hutt replied yes. Mayor Kelly stated it would be better to let TxDOT know that the project limits now include three phases from Brown Trail to John McCain: Brown Trail to Hall-Johnson = Phase 2, fully funded Hall-Johnson to Tinker Road = Phase 3 Tinker Road to John McCain = Phase 4 Councilmember Mogged stated if the Cheek-Sparger Road section is not included now, as Phase 5, there could be a delay caused because of not including it in the beginning. Mayor Kelly stated it is not included in the TIF, therefore what would be the funding options for that section? Mayor Pro Tem Taylor stated he does not want to sacrifice the Hall-Johnson Road to Brown Trail option. He stated he wants to do this project in the order in which City Council would like the project to be completed. Engineer Hutt stated putting the project in three phases will prevent any delays in moving forward with the available funds. He added, the construction documents will then be ready, once the additional funding is available. Councilmember Short stated having concerns that if the southern piece is not included, then it may send the message that we do not care about that piece. Mayor Kelly disagreed since the balance of SH26 is within the Colleyville city limits. Councilmember Short questioned City Council regarding the funding options for Phases 3 and 4. Mayor Kelly stated it would be a local funding option, in other words, we will be putting together the funding sources. Mayor Pro Tem Taylor stated we are anchoring the part we can do, the south and north end. Mayor Pro Tem Taylor stated the infrastructure around Colleyville is much better than it has ever been, and therefore traffic movement is better. City of Colleyville Page 2 City Council Minutes October 15, 2013 PC-2 Update and discussion of the 2014 citizen survey methodology Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Councilmember Hall questioned staff regarding the cost of Option 3 (mailed postcards – invitations to online survey) and if it includes the mailing of the postcards. Manager Lothery replied yes. Councilmember Wollin questioned staff regarding if information about the survey will be included in the water bills, which asks the citizen to go online and fill out the survey. City Manager Jennifer Fadden replied we would do that regardless of the methodology. Mayor Kelly stated Southlake used the online version only, and received only half of the responses as received before. He added Southlake then decided, this year, to have a message from their Mayor go out by phone to everyone, including businesses. Councilmember Short questioned staff regarding if the demographics of the two groups (online and paper survey) are the same. Manager Lothery stated she would expect the demographic data to be different. Councilmember Short stated if we eliminate one option, we may be eliminating that particular demographic. Mayor Kelly stated there are several options to get the word out about the survey. Councilmember Mogged stated being uncomfortable with eliminating the paper copy, all together. He suggested doing the survey the way it was done the last time with the education being given to the citizens that the next time a paper copy may not be available. Councilmember Hart stated he is not ready to abandon the mail option either, and that he would rather spend more money to get the most input from the citizens as possible. City Manager Jennifer Fadden stated all typical options would be used to advertise the survey. Councilmember Wollin questioned staff regarding the number of survey pages. Manager Lothery replied about eight pages. Councilmember Wollin stated she wants more space for comments. City of Colleyville Page 3 City Council Minutes October 15, 2013 Councilmember Wollin questioned staff regarding how long it will take to complete the survey online. Manager Lothery replied it will depend on the types of questions asked. Councilmember Wollin questioned staff regarding if the person will be able to get back in the survey where they left off, if they have to get out of it for some reason? Manager Lothery stated more than likely it will be limited since there will not be a log-in. Mayor Pro Tem Taylor stated the trend is moving to online; however the numbers are still strong on the written. Councilmember Short questioned staff regarding if there is an option to have a kiosk set up, in several locations. Manager Lothery replied yes, it is a possibility. Mayor Pro Tem Taylor questioned staff regarding the limitations of the survey. Manager Lothery explained the survey will be limited to one IP address to ensure the same person is not taking the survey over and over again. Mayor Pro Tem Taylor questioned staff regarding if the paper copy and the online survey could be submitted by the same person. Manager Lothery replied yes, that could happen. PC-3 Discussion of the first meeting date in November 2013 City Council did not wish to move the meeting date; therefore, the first meeting date will remain as Tuesday, November 5, 2013. PC-4 Discussion of Ordinance O-02-1322 City Secretary Amy Shelley presented this item and briefed the City Council. Councilmember Short questioned staff regarding if the financial disclosure material is required to be filed twice a year. City Secretary Shelley replied yes. Mayor Kelly questioned staff regarding if the ordinance codified the requirement of the filing of the document. City Secretary Shelley replied yes. Mayor Kelly stated being in favor of the document being filed once a year or with any changes made during the year. Councilmember Hall stated once a year, or with material changes, and of course during elections. He suggested reducing or eliminating the fine. Mayor Kelly stated he did not want to eliminate the fine. City of Colleyville Page 4 City Council Minutes October 15, 2013 Councilmember Wollin stated the timing of the filing of the document did not seem to be right; maybe it could be done right after the election period. Mayor Pro Tem Taylor stated this document was drafted from the campaign finance report. Mayor Kelly stated being in favor of amending the ordinance to state the report will need to be filed when any material changes are made, or upon filing for an office. Mayor Pro Tem Taylor stated the document only needs to be filed upon any changes or during the election cycle. Councilmember Wollin stated the document would apply to the Planning and Zoning Commission and Zoning Board of Adjustment upon any changes and after appointment. PC-5 Discussion of the use of art to enhance public spaces City Manager Jennifer Fadden presented this item and briefed the City Council. Mayor Pro Tem Taylor stated these items would be a great item to have in the roundabouts, and it could be done at the end of the budget cycle when there are excess funds. He stated this could help to make Colleyville a unique place. Mayor Pro Tem Taylor stated the roundabout at Glade Road and Pool Road could be enhanced by these sculptures. Councilmember Wollin stated there is about $7,500 in the budget for this use. Mayor Pro Tem Taylor stated a plan could be put in place, if we want to use these sculptures. He added civic organizations could help to pay for these items. Councilmember Mogged stated citizen input is needed for items such as these. Councilmember Hall stated at a minimum, the roundabouts should include these sculptures. Mayor Kelly stated Southlake has done this in stages. Mayor Pro Tem Taylor stated he would like a commitment made to items such as these. Councilmember Wollin stated she would like a plan put in place, so that these sculptures are put in the proper place. City of Colleyville Page 5 City Council Minutes October 15, 2013 City Manager Jennifer Fadden stated this could be suggested to the landscape architect as a City Council interest. Councilmember Wollin stated she would like a theme in place with the plan. PC-6 Discussion of the distribution of agenda packets for public meetings This item was not discussed. PC-7 Presentation of the Monthly Financial Report - September 2013 Councilmember Mogged questioned staff regarding how much of the funds are from new businesses versus old businesses. City Manager Jennifer Fadden stated staff can visit with the comptroller to see what data is available regarding the businesses. PC-8 Discussion of the October 15, 2013, City Council regular agenda items Mayor Kelly stated he would be moving to items 5b, 5c, 5d, and 5e before hearing agenda item 5a. Mayor Kelly adjourned the Pre Council meeting at 7:36 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:43 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, Code Enforcement Officer Kim Roby, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Human Resources Director Michelle Reyes, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. 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 City of Colleyville Page 6 City Council Minutes October 15, 2013 Section 551.071 - Legal - Consultation with attorney regarding pending litigation - Moxie Pest Services - Dallas, LLC v. City of Colleyville 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 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 5:30 p.m. and reconvened at 5:31 p.m. INVOCATION: Pastor Dave Jung, Crown of Life 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-13-3680 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 invited everyone to the Haunted Trail Fest taking place Saturday, October 19, 2013, from 7:00-9:00 p.m. at the Colleyville Nature Center. In recognition of service to a City Board, Commission, or Committee Mayor Kelly presented a Colleyville Then and Now book in recognition of service to a City board, commission, or committee to Timothy Mark Kelso, Colleyville Economic Development Corporation; Carel Tornes, Colleyville Economic Development Corporation; Steve Burak, Historical Preservation Committee; and City of Colleyville Page 7 City Council Minutes October 15, 2013 David Dudziak, Planning and Zoning Commission, Capital Improvement Advisory Committee, and Park Land Dedication Committee. In recognition of Colleyville's featured businesses - Walgreens #4085, 4403 Colleyville Boulevard, Leslie Ramirez, Store Manager and Walgreens #4634, 3830 Glade Road, Jackie O’Shea, Store Manager - Mayor David Kelly and Economic Development Director Marty Wieder Mayor Kelly and Economic Development Director Marty Wieder recognized Walgreens as the businesses of the month and introduced store managers Leslie Ramirez, Walgreens #4085, and Jackie O’Shea, Walgreens #4634. Recognition of Wellness Champion Nominees Mayor Kelly introduced the 2013 Wellness Champion nominees Cindy Appleby, Library; Lance Lindley, Fire Department; Robert Lynch, Public Works; and Rob McKeown, Fire Department, and announced Fire Marshal Rob McKeown was the 2013 Wellness Champion. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3681 4a Approval of the minutes of the regular City Council meeting of October 2, 2013 4b Approval of a construction contract with North Texas Contracting, Inc., for the paving and drainage improvement - Jackson and Cheek- Sparger intersection, in an amount not to exceed $1,932,126, and authorize the city manager to execute the contract 4c Approval of a contract with Halff Associates, Inc., for the Comprehensive Plan Update, in an amount not to exceed $249,850, and authorize the city manager to execute the contract 4d Approval of an Interlocal Agreement and funding for the Metroport Teen Court Program 4e Approval of Service Agreements between the City of Colleyville and Trane Service Group, through the Texas Cooperative Purchasing Network (TCPN) to provide for year three of a five year agreement for the inspection, maintenance, and repair of the HVAC systems in the Colleyville City Hall, Colleyville Public Library, and Colleyville Justice Center in an amount not to exceed $60,550.32 Mayor Kelly read Resolution R-13-3681 in its entirety. City of Colleyville Page 8 City Council Minutes October 15, 2013 Community Development Director Ron Ruthven provided an explanation of agenda item 4c. Councilmember Mogged questioned staff regarding the technical side of the project regarding the water and sanitary sewer system. Director Ruthven replied it would be done from a different study, not part of this scope. Councilmember Wollin questioned staff regarding how the citizens will provide input to the plan. Director Ruthven explained the consultant will provide a variety of ways for citizen input up to and including information in the citizen survey. Councilmember Wollin questioned staff regarding if the survey will be out in January with the regular citizen survey. Director Ruthven replied yes. Councilmember Short questioned staff regarding the selection of this particular consultant. Director Ruthven replied the staff committee liked Halff Associates since they are familiar with Colleyville. He stated their presentation was the best. Mayor Pro Tem Taylor questioned staff regarding agenda item 4b. City Engineer Jeremy Hutt explained the construction contract for the intersection improvement located at Jackson and Cheek-Sparger Roads. Mayor Pro Tem Taylor questioned staff regarding the funding for this project. Engineer Hutt explained the project is part of the Tarrant County bond package that was released several years ago, and regional funds are being used for this project. Councilmember Wollin questioned staff regarding the closing of the roads. Engineer Hutt replied Jackson Road will be closed for 30 days, however, Cheek- Sparger Road will remain open, with periodic limited access. Mayor Kelly opened the public hearing at 8:11 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:11 p.m. Councilmember Wollin moved to approve Resolution R-13-3681. 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 City of Colleyville Page 9 City Council Minutes October 15, 2013 5. ORDINANCE(S): SECOND 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 8:26 p.m. Steve Isbell, 5112 Oak Timbers Court, applicant, presented the item and briefed the City Council. Mark Howe was present for questions as well. Claudia Bevill, 119 Cheek-Sparger Road, spoke in opposition to this request with concerns for density, open space, lot size, lot width, and lot depth. James Bevill, 119 Cheek-Sparger Road, spoke in opposition to this request with concerns for density and drainage; however, stated he supported the zoning change to residential, but not to this plan submitted. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 8:41 p.m. Mayor Kelly questioned Mr. Isbell and Mr. Howe regarding a house layout or exhibit. Mr. Howe provided an exhibit with the pad sites illustrated. Mayor Kelly stated having concerns for how the development will look, particularly the layout, and entrance to the subdivision. Mr. Howe stated they had provided home elevations at the last meeting and he provided exhibits for the fencing. Mayor Kelly questioned Mr. Isbell regarding development, have you developed before? Mr. Isbell replied yes. Mayor Kelly questioned Mr. Isbell regarding if a reduction of the lot coverage percentage would be acceptable, such as 60 percent coverage versus 65 percent coverage? Mr. Howe replied that would be acceptable and Mr. Isbell stated it should not be an issue for some of the lots. Councilmember Mogged questioned Mr. Isbell regarding why some of the lots were decreased. Mr. Isbell stated the lot lines have been amended to increase the square footage on some of the lots. City of Colleyville Page 10 City Council Minutes October 15, 2013 Mayor Kelly stated the lot coverage percentage will help with the proportionality of the homes on the lots. Mayor Kelly questioned City Council regarding if they are willing to accept right-of- way as open space. Instead, Mr. Howe responded and stated the right-of-way dedication is actually over dedicated. Director Ruthven stated the right-of-way dedicated for Cheek-Sparger Road is over dedicated by 22.5 feet, along the subject property. Councilmember Short questioned staff regarding if the right-of-way dedication would be 37.5 feet from the center of the street. Director Ruthven concurred and stated a right-of-way encroachment and joint use agreement could be granted to the developer for the use of the right-of-way, or the City could abandon the 22.5 feet of right-of-way. Mr. Howe stated if the right-of-way is allowed to be considered within the open space calculation; the open space percentage would then be at 19.31 percent. Mayor Kelly stated there are options to make the lots larger by making the open space smaller. Councilmember Hall questioned Mr. Howe regarding the distance between the homes. Mr. Howe replied there will be a minimum of 10 feet between the homes. Councilmember Hall stated the spacing is sufficient between the homes. Councilmember Hall questioned Mr. Howe regarding the square footage of the proposed homes. Mr. Howe stated he anticipates 3,200 square foot homes. Mayor Kelly questioned staff regarding how detention will work for this development. Director Ruthven explained the detention and options for such. Mr. Howe replied it will be within the right-of-way, rather than in the ditch. Councilmember Short stated he liked the open space along Cheek-Sparger. Mayor Pro Tem Taylor questioned Mr. Isbell regarding tree preservation. Mr. Isbell stated they plan to keep as many trees as possible, especially along the Bevill’s property. Mayor Pro Tem Taylor stated he needs more information before he can make a vote. Mayor Kelly stated being in favor of continuing this item with further information. Councilmember Hall stated Mr. Howe and Mr. Isbell need to look at the Cambridge Addition to get a better idea of density. City of Colleyville Page 11 City Council Minutes October 15, 2013 Councilmember Hart concurred with Councilmember Hall. Councilmember Wollin stated she would like the developer to contact the homeowners regarding what they want. Mr. Isbell stated he has provided the information to the homeowners, and they state being opposed to the proposed density. Councilmember Hart moved to continue the public hearing to the November 5th meeting. Councilmember Hall seconded the motion. The motion to approve the continuation of the public hearing to the November 5th meeting 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 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 8:12 p.m. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 8:12 p.m. Mayor Kelly moved to approve Ordinance O-13-1888. 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 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 City of Colleyville Page 12 City Council Minutes October 15, 2013 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 8:14 p.m. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 8:14 p.m. Mayor Pro Tem Taylor moved to approve Ordinance O-13-1889. 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 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 8:15 p.m. The following person did not wish to speak but did wish to register his support for this request: John Horobec, 1805 Glade Road. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 8:15 p.m. Mayor Kelly stated the parking would be held on the subject property, versus on the street, since the parking lot is sufficient. Councilmember Wollin stated they only will hold practices in this facility. Councilmember Wollin moved to approve Ordinance O-13-1890. Councilmember Mogged seconded the motion. City of Colleyville Page 13 City Council Minutes October 15, 2013 Councilmember Wollin thanked the applicant for choosing to keep his business in Colleyville. 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 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 opened the public hearing at 8:19 p.m. Jeff Martinez, Atmos Energy, presented the item and briefed the City Council. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:20 p.m. Mayor Kelly questioned Mr. Martinez regarding if the Public Utilities Commission controls the utility rates in Texas. Mr. Martinez stated the Railroad Commission has jurisdiction. Mayor Kelly questioned Mr. Martinez regarding if the City can form a City Steering Committee to work with the public utilities and negotiate a reasonable rate or the City could go independently to the Railroad Commission to negotiate for those rates. Mr. Martinez replied correct. Mayor Kelly stated if the Steering Committee chose not to do anything, then the Railroad Commission could determine the utility rate, and therefore could choose a higher rate. Mr. Martinez concurred. Mayor Kelly moved to approve Ordinance O-13-1891. Councilmember Hart seconded the motion. City of Colleyville Page 14 City Council Minutes October 15, 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 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 9:29 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 9:29 p.m. Mayor Kelly moved to approve Ordinance O-13-1892. 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-13-1893 Consideration of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements for Lot 1R, Block 1, of the Wildwood Estates Addition, located at 5700 Pool Road, Case ZC13-010 Mayor Kelly read the caption of Ordinance O-13-1893. Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 9:35 p.m. City of Colleyville Page 15 City Council Minutes October 15, 2013 Dave Toney, Compass Church, 2600 Hall-Johnson Road, applicant, presented the item and briefed the City Council. There were no others present wishing to speak and Mayor Kelly closed the public hearing at 9:36 p.m. Mayor Kelly questioned staff regarding the recommendation by the Planning and Zoning Commission. Director Ruthven stated the original plans were to have full masonry on the columns, however, the Planning and Zoning Commission recommended no masonry on the columns. Mayor Kelly questioned staff regarding why the Planning and Zoning Commission chose no masonry. Director Ruthven stated the Planning and Zoning Commission wanted all masonry on the columns or nothing at all. Mayor Kelly questioned staff regarding if the applicant now owns the southern property. Director Ruthven replied yes. Councilmember Mogged questioned staff regarding if the southern property is vacant. Director Ruthven replied yes. Mr. Toney concurred. Councilmember Mogged questioned staff regarding if there are any issues with the adjacent property owner. Mr. Toney stated they have not had any luck in getting a response from that property owner. Director Ruthven stated the use between those two particular properties is residential; therefore, unless the church expanded its use to the southern property, there would be no need for the commercial screening requirements. Mayor Kelly questioned staff regarding if Colleyville is going to put in a trail for this area since there is currently a sidewalk along Pool Road. Director Ruthven replied the escrow money for the required trail would be used within the neighborhood district. Mayor Kelly added the sidewalk plan is going to be reviewed further in November. Mayor Kelly questioned Mr. Toney regarding if they are good with escrowing for the trail. Mr. Toney replied yes. Councilmember Wollin stated she is not in agreement with the Planning and Zoning Commission recommendation of leaving the columns without masonry. She stated she would at least like the requirement of having the columns with six foot of masonry. Mayor Pro Tem Taylor questioned Mr. Toney regarding why this is being amended. Mr. Toney stated they believe the columns look better without the masonry. City of Colleyville Page 16 City Council Minutes October 15, 2013 Mayor Pro Tem Taylor stated meeting the half-way is better than none. He stated the first exhibits, approved with the ordinance, with masonry, look better. Mr. Toney stated the plans, without the masonry, were approved by the City, therefore, they thought the masonry was not required. He stated they were informed of the masonry requirement at the time of applying for the certificate of occupancy. Mayor Pro Tem Taylor questioned Mr. Toney regarding if the adjacent property has since been acquired. Mr. Toney replied yes. Mayor Pro Tem Taylor questioned Mr. Toney regarding the plans for the property to the south. Mr. Toney replied currently they have no plans for the property. Councilmember Hall stated he would like the columns to have masonry. Mr. Toney stated the metal columns are easier to maintain, especially from graffiti. Councilmember Wollin questioned Mr. Toney regarding the athletic fields and their use. Mr. Toney replied the fields are currently being used for church activities; however, they have discussed the usage of the fields with the area associations. Councilmember Wollin stated having concerns for the height of the fence because of play balls. Mr. Toney stated currently the fencing is six feet and there have been no issues with play balls on Hall-Johnson Road. Mayor Kelly questioned Councilmembers regarding the columns. Councilmembers agreed with full masonry on the columns. Mr. Toney stated they think the columns look better without the masonry. Mayor Pro Tem Taylor questioned Mayor Kelly regarding the trail. Mayor Kelly stated there is currently a sidewalk in place, but a trail is required too. Mayor Pro Tem Taylor stated one or the other will suffice. Mayor Kelly concurred. Mayor Pro Tem Taylor questioned staff regarding if the four foot wide sidewalk is sufficient for a collector road. Director Ruthven replied a five foot wide sidewalk is required for a collector road. Councilmember Short questioned staff regarding the escrow requirement. Director Ruthven stated the escrow will be used for any sidewalk or trail within the neighborhood district. Mayor Pro Tem Taylor questioned staff regarding if the four foot sidewalk was constructed prior to the sidewalk requirement width of five feet. Director Ruthven concurred. Councilmember Mogged stated Pool Road to Colleyville Boulevard has a trail along the Grapevine side. City of Colleyville Page 17 City Council Minutes October 15, 2013 Mr. Louie Murillo, Compass Church, stated the original exhibit provided for smaller columns versus the wider columns that were actually installed. He stated the size of the columns, with masonry, would be disproportionate to the look and feel of the building. Mayor Kelly stated he would like to see a conceptual plan for the columns, if they included masonry. Architect Gerald Ward further explained the building design. Mr. Ward stated the original design consisted of constructing 4 x 4 columns; however, they were actually constructed as 10 x 10 columns. Mayor Pro Tem Taylor stated the masonry would still work with 10 x 10 columns. Councilmember Hall stated he would like to see masonry on the columns. 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no discussion regarding this item. 8. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR OCTOBER 15, 2013 - Reading and Public Hearing - Resolution R-13-3682 There was no discussion regarding this item. 9. 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 10:07 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 5TH DAY OF NOVEMBER 2013. City of Colleyville Page 18 City Council Minutes October 15, 2013 Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 19