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HomeMy WebLinkAboutCity Council-Minutes-11/5/2013 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, November 5, 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 Glade Road Project PC-2 Update and discussion from Keep Colleyville Beautiful PC-3 Discussion of the distribution of agenda packets for public meetings PC-4 Update of Utility Rate Study PC-5 Discussion of the 2014 City Council meeting dates PC-6 Discussion of the November 5, 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 551.072 - 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 November 5, 2013 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Reverend Kyle Bauman, Bear Valley Community 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-13-3683 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-13-3684 4a Approval of the minutes of the regular City Council meeting of October 15, 2013 4b Approval of a preliminary plat for 53.2 acres on Tracts 1F and 1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 and 1C, Abstract 295 of the William E. Crooks Survey, located at 7612 and 7624 Pleasant Run Road, Case PC13-020 4c Consideration and approval of a Right-of-Way Encroachment and Joint Use Agreement on Lot 1, Block 1, of the Medlen Addition, located at 7304 and 7401 Pleasant Run Road 4d Approval of the use of Voluntary Park Funds for professional services, for laser grading of City Park competitive athletic fields, in an amount not to exceed $30,000 annually 4e Approval of the Colleyville Tree Board and Senior Center Advisory Committee bylaws 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 City of Colleyville Page 2 City Council Agenda November 5, 2013 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-13-1894 Consideration of a request for a zoning change from R40-Single Family Residential to PUD-R-Planned Unit Development Residential on 15.4 acres of Lot 1, Block 1, of the Breezy Lake Estates, Lots 1A and 1B, Block 1, of the Meadowlake Addition, and Tract 2B, of the McNary Acres Addition, located at 1117, 1121, and 1217 W. L.D. Lockett Road, and a portion of Lot 1, Block 1, of the Bear Valley Community Church Addition, located at 7900 Precinct Line Road, Case ZC13-014 6b Ordinance O-13-1895 Request for approval of amendments to the Future Land Use Map of the Colleyville Master Plan for Lot 1, Block 1, of the Breezy Lake Estates, Lots 1A and 1B, Block 1, of the Meadowlake Addition, and Tract 2B, of the McNary Acres Addition, located at 1117, 1121, and 1217 W. L.D. Lockett Road, and a portion of Lot 1, Block 1, of the Bear Valley Community Church Addition, located at 7900 Precinct Line Road, from a Retail and Institutional Land Use Designation to a Single Family Land Use Designation 6c Ordinance O-13-1896 Approval of a request to amend the filing date of the financial disclosure forms requirement of Ordinance O-02-1322 7. ORDINANCE(S): CONTINUED: READING AND PUBLIC HEARING 7a 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 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 City Council Agenda November 5, 2013 9. REPORTS Colleyville Tree Board Meeting Minutes - October 8, 2012 Parks and Recreation Advisory Board Meeting Minutes - April 1, 2013 Senior Center Advisory Committee Meeting Minutes - July 18, 2013 Colleyville Library Board Meeting Minutes - August 12, 2013 Planning and Zoning Commission Meeting Minutes - September 9, 2013 Zoning Board of Adjustment Meeting Minutes - September 10, 2013 Planning and Zoning Commission Meeting Minutes - September 23, 2013 Planning and Zoning Commission Meeting Minutes - October 14, 2013 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR NOVEMBER 5, 2013 - Reading and Public Hearing - Resolution R-13- 3685 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, November 1, 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, November 5, 2013 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on November 5, 2013, at 5:35 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, 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, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Development Engineer Dan Hartman, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Parks Superintendent Tim Hightshoe, Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris Pena, City Attorney Matt Butler, and City Secretary Amy Shelley. PC-1 Update on the Glade Road Project Public Works Director Bob Lowry presented this item and briefed the City Council. Mr. Jeff McKerrow and Chad Gartner, TranSystems, presented this item and briefed the City Council. Councilmember Mogged questioned Mr. Gartner regarding when the anticipated recommendation date is. Mr. Gartner replied January. Councilmember Mogged stated he appreciated the fact that TranSystems has been clear that the project has not been decided. Councilmember Mogged stated there are difficulties with exiting the Summerbrook Addition. Mr. Gartner stated they will make note of that intersection. Councilmember Hart questioned Mr. Gartner regarding if the unique visitors online were identified by the I.P. address of their computer. Mr. Gartner replied yes. Councilmember Hart questioned Mr. Gartner regarding if they could see if the same person had visited the online portion. Mr. Gartner replied yes, but that they have only been focused on the unique visitor, rather than the repeat visitor. Councilmember Mogged questioned Mr. McKerrow regarding the traffic volume needed for a traffic signal. Mr. McKerrow replied there are a number of different City of Colleyville Page 1 City Council Minutes November 5, 2013 factors that warrant the need for a traffic signal, however, they do not know the data for those areas along Glade Road, just yet. Mayor Kelly stated there is heavy traffic for the elementary school at Bransford Road and Glade Road that may add to those factors. Mr. McKerrow and Mr. Gartner concurred. Councilmember Short questioned Mr. Gartner regarding if Thompson Terrace was considered for the Bedford Road intersection. Mr. Gartner stated they did not look at Thompson Terrace, since it would require additional right-of-way, and it would be a more aggressive approach. Mayor Pro Tem Taylor stated if this intersection is going to be considered now is the time to do it, before the land is developed. Councilmembers concurred. Mr. McKerrow stated they will look at that scenario. Mayor Pro Tem Taylor stated the roundabout solution is a great alternative to the Bedford Road intersection. Councilmember Mogged stated he likes having all alternative options available for viewing, rather than the preferred option. Councilmember Hall stated he thought they had discussed aligning Stafford Drive with Bluebonnet Drive. Mr. McKerrow stated they had discussed that scenario; however, the grading on Glade Road creates an issue. Mayor Pro Tem Taylor questioned Mr. Gartner regarding the grade at Bluebonnet Drive. Mr. Gartner explained the elevation and sight distance at that intersection. Councilmember Mogged stated the residents have stated they have issues with the Roberts Road intersection, especially during the morning traffic. Mayor Kelly stated there are multiple side streets that have the same issues with the volume of traffic during the peak hours. Mayor Pro Tem Taylor stated the intersection at Heritage Avenue is hazardous because of the merging from three lanes into two. Mayor Pro Tem Taylor questioned Mr. McKerrow regarding the detour. Mr. McKerrow explained the possible detours. Councilmember Mogged stated he did not think it would be necessary to show the possible construction detour, at this point. He added it would seem to clutter up the communication. Councilmembers concurred. City of Colleyville Page 2 City Council Minutes November 5, 2013 Mayor Kelly questioned Police Chief Mike Holder regarding if there could be signs in place to eliminate truck traffic during the time of construction. Chief Holder stated it can be considered. Councilmember Short questioned Mr. McKerrow regarding the amount of time the road would be closed. Mr. McKerrow explained the Bluebonnet intersection could be done in about 30 days. Mayor Pro Tem Taylor questioned Mr. McKerrow regarding if five feet would be sufficient for the amount of grade drop. Mr. McKerrow replied yes. Mayor Pro Tem Taylor questioned Mr. McKerrow regarding the line of sight distance the grade drop will help. Mr. McKerrow replied 200 feet. Councilmember Mogged stated the width of the sidewalk sections needs to be understood by the citizen. Mr. McKerrow stated the width has not been established throughout Glade Road since the design of the roadway is not established, at this time. Councilmember Short questioned Mr. Gartner regarding the possible improvements with the curb sections. Mr. Gartner explained all options are being presented to the citizens. Councilmember Short questioned Mr. Gartner regarding if there is any possible combination of answers to the comments that are not possible scenarios. Mr. McKerrow stated the traffic signal comments may not be warranted in some of the intersections. Mayor Kelly stated the main focus is to better improve the roads. Mr. McKerrow stated there has not been a comment for the option for a four lane roadway. Mayor Pro Tem Taylor stated we have to be mindful that this is a road being built for the future, not for the now. PC-2 Update and discussion from Keep Colleyville Beautiful Strategic Services Manager Adrienne Lothery presented this item and briefed the City Council. Ms. Brenda Ritz, 2014 Chair of Keep Colleyville Beautiful (KCB) also presented this item and briefed the City Council. Mayor Kelly questioned Ms. Ritz regarding the KCB program. Ms. Ritz explained the KCB program and their efforts, particularly to the recycling efforts. Councilmember Mogged questioned Ms. Ritz regarding what are the possible changes with the KCB program. Ms. Ritz stated Keep Texas Beautiful will remain the main focus of the program, and they will continue to get the younger people City of Colleyville Page 3 City Council Minutes November 5, 2013 involved in the program. She added they will only do the Clean Sweep Event once a year versus twice a year. Councilmember Wollin questioned Ms. Ritz regarding the membership requirements for KCB and Keep America and Keep Texas Beautiful. Ms. Ritz replied there is a lot of paperwork involved in those beautification programs. Mayor Kelly questioned Ms. Ritz regarding the $3,000 commitment from the City. Ms. Ritz stated they have a lot of communication pieces to put together. Mayor Kelly questioned Ms. Ritz regarding their other revenue sources. Ms. Ritz stated the City is the only revenue source. Mayor Kelly stated having concerns for the other 501(C)(3) organizations in the City for which the City does not allocate any funding. He added, those organizations do fundraising for their efforts. Ms. Ritz stated they are trying to re- energize the program and that fundraising would be going backwards. Charna Gray, current KCB chair, stated Ms. Ritz is very enthusiastic about KCB. She added KCB is working to have new banners made, as well as new brochures to help educate the community about the recycling efforts. She added that surrounding cities provide paid staff members to help their efforts. She stated they are a 100 percent volunteer program. She stated Grapevine allows for a $20,000 budget, whereas Colleyville is allowing $3,000 toward the KCB effort. She stated it takes a great deal of time to keep up with the paperwork with the beautification programs such as Keep Texas Beautiful and Keep America Beautiful. Councilmember Mogged questioned Mrs. Gray regarding the Clean Sweep event, and how was it determined to do away with one of those events. Mrs. Gray stated the Crud Cruiser can only come once a year, in the spring. She added the fall event was poorly attended. Councilmember Mogged questioned Mrs. Gray regarding if the fall event has been consistently low in attendance. Mrs. Gray replied yes, and Manager Lothery explained that the spring event has a lot of vendors present, whereas the fall event does not have as many vendors; however, the citizens are not losing out on those services by not having Clean Sweep twice a year. She stated the residents do have the ability to schedule special pickups throughout the year. Mayor Pro Tem Taylor questioned Mrs. Gray regarding the sponsored streets, are those sponsors good about picking up the litter? Mrs. Gray replied they are supposed to keep them clean; however, the City does help with those efforts. Mr. Gray stated the Leos, with the Lion’s Club, has now adopted a street, and are working with several streets. City of Colleyville Page 4 City Council Minutes November 5, 2013 Mrs. Gray stated Kathy Moore, at the Senior Center, takes care of the Adopt-a- Street paperwork. Mrs. Gray stated City staff has provided tremendous help with KCB efforts. Mayor Pro Tem Taylor questioned Mayor Kelly regarding his concerns. Mayor Kelly stated there are other organizations that do not require any funding from the City, and they are able to raise funds for their organization, and give back to the City. Mrs. Gray stated they originally received funding of $5,000 from the trash and recycling organizations, however, that funding has stopped and those funds allowed KCB to keep going. Mayor Pro Tem Taylor questioned Mrs. Gray regarding why the organization went to a 501(C)(3) organization. Mrs. Gray stated it allows KCB better ability to receive grants and funding. Ms. Ritz stated the beautification programs, in which KCB participates, helps and benefits the citizens of Colleyville. She added it is a better deal for the City, if it is ran by volunteers. Mayor Pro Tem Taylor stated it would appear that these efforts would be City sponsored events/efforts, such as Holly Colley, since it benefits the citizens of Colleyville. Councilmember Mogged stated KCB is like an adjunct group of the City, which helps to engage the citizens in these efforts. Mayor Kelly stated it was a subcommittee of the Colleyville Chamber, and $5,000 was allocated for their efforts. Mrs. Gray stated the Chamber did not want to participate with these efforts any longer. Mayor Pro Tem Taylor stated this should be a group that the City supports and their efforts should be recognized. He stated he would like to see a listing of the streets that have been adopted. Mayor Kelly stated he would like to see some fundraiser efforts. Mrs. Gray stated she would like some direction and assistance. Councilmember Hall stated this organization exclusively benefits the citizens of Colleyville. He added, maybe they could become a committee of the City. Mrs. Gray stated she has difficulties with getting and keeping volunteers, much less if they have to apply for the committee. Councilmember Hart stated he would like to see KCB remain like they are and then, in a year, maybe they can let us know how they could do better. City of Colleyville Page 5 City Council Minutes November 5, 2013 Councilmember Mogged stated this is a way to have volunteers work for keeping Colleyville clean without having to pay for those services. Mayor Kelly questioned Ms. Ritz regarding how many banners are put up for the Clean Sweep event. Ms. Ritz stated between 13-16 banners. Councilmember Hall stated he would like them to think about the items that they would do differently, if they had enough money. Councilmember Wollin questioned Ms. Ritz regarding the number of members with KCB. Ms. Ritz replied not knowing the actual number of members. Councilmember Wollin stated maybe an annual meeting, for the general membership, rather than the Board members, would help with the educational series. Ms. Ritz concurred. Mayor Pro Tem Taylor questioned Ms. Ritz regarding the street listing in the packet, is it up-to-date? Ms. Ritz replied yes. PC-3 Discussion of the distribution of agenda packets for public meetings This item was not discussed, and will be moved to the December 3, 2013 Pre Council meeting agenda. PC-4 Update of Utility Rate Study Assistant City Manager and Chief Financial Officer Terry Leake presented this item and briefed the City Council. Councilmember Short questioned staff regarding if the month of August 2013 was a successful month in conserving water. Assistant City Manager and Chief Financial Officer Terry Leake replied yes, to some degree. Councilmember Short stated he is not seeing much difference within the years. Mayor Kelly stated there is not enough data to make a true comparison. Mayor Pro Tem Taylor questioned staff regarding the total number of gallons consumed by the City. Assistant City Manager and Chief Financial Officer Terry Leake stated she will have that information moving forward in the presentations. She stated the following were used per resident, on an annual basis: 2013 = average of 21,737 gallons 2012 = average of 23,369 gallons 2011 = average of 26,022 gallons City of Colleyville Page 6 City Council Minutes November 5, 2013 Councilmember Mogged questioned staff regarding the revenue rates with regard to the tiers. Assistant City Manager and Chief Financial Officer Terry Leake replied the revenue rates are different with the usage within the tiers and very similar to that of 2012. Councilmember Short stated he was anticipating a larger increase in revenues. Assistant City Manager and Chief Financial Officer Terry Leake replied the adoption of the tiered rate system was done prior to the water conservation. Councilmember Mogged questioned staff regarding if it will be a problem if it is not revenue neutral. Assistant City Manager and Chief Financial Officer Terry Leake replied it will be fine, as long as it is revenue positive. Mayor Kelly stated it will become a problem if it is revenue negative, especially with bond coverage. Councilmember Mogged questioned staff regarding if the cost is the same throughout the tiers. Assistant City Manager and Chief Financial Officer Terry Leake replied yes, $.11 per each thousand gallons. Mayor Kelly stated Colleyville still has lower rates than the surrounding cities. Councilmember Mogged questioned staff regarding the master plan improvements for the water side. Public Works Director Bob Lowry replied they are working on an update of a water plan, as well as a wastewater master plan, more than likely after the holidays. Mayor Kelly stated there will essentially be a pass through for the Trinity River Authority, rather than updating the ordinance every year. Councilmember Mogged questioned Mayor Kelly regarding how this has been communicated with the general public. Mayor Kelly stated the information has been on the website. Councilmember Hall stated he is not so sure that individual customers really track their water bills. Councilmember Short stated the information has been included on the water bill. Councilmember Short questioned staff regarding if the $.11, will be across all of the tiers. Assistant City Manager and Chief Financial Officer Terry Leake replied each yes. Councilmember Hall questioned staff regarding if the average water increase will be spread over the spectrum versus penalizing everyone, especially the lower water users. Assistant City Manager and Chief Financial Officer Terry Leake explained the increase across the tiers. City of Colleyville Page 7 City Council Minutes November 5, 2013 Mayor Kelly stated if enough is not passed through, the City could be in non- compliance. He added the City used to absorb those overages. Councilmember Hall stated having concerns of everyone having an increase. PC-5 Discussion of the 2014 City Council meeting dates City Secretary Amy Shelley presented this item and briefed the City Council. Councilmember Mogged stated he would prefer the November meeting date to be Wednesday, November 5, 2014 rather than Monday, November 3, 2014 to accommodate the Election Day. PC-6 Discussion of the November 5, 2013, City Council regular agenda items There was no discussion of this item. Mayor Kelly adjourned the Pre Council meeting at 7:33 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:58 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 Matt Butler, 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 pending litigation - Moxie Pest Services - Dallas, LLC v. City of Colleyville Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities City of Colleyville Page 8 City Council Minutes November 5, 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 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 7:33 p.m. and reconvened at 7:35 p.m. INVOCATION: Reverend Kyle Bauman, Bear Valley Community Church PLEDGE OF ALLEGIANCE: City Attorney Matt Butler 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3683 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 Councilmember Wollin announced Colleyville has been named the safest city in Texas according to SafeWise, a Utah-based home security company. The company paired data from the most recent FBI Crime in the U.S. Report, along with its own research, to compile a list of the 50 safest cities in Texas. This is the information on Colleyville from the company’s website: Colleyville, Texas ranks at the top of our list. It is an affluent city located near Fort Worth that enjoys a well-earned reputation as laidback and friendly. In fact, according to the most recent FBI Crime Report, there were no murders, rapes, or arsons reported to law enforcement. Colleyville’s low crime rate, coupled with the fact that it’s located just 10 miles from the Dallas-Fort Worth International Airport are just two of the many reasons it is a superb city to settle down in. Eleven award-winning parks and greenbelts make it perfect for those who enjoy recreation and families with children. City of Colleyville Page 9 City Council Minutes November 5, 2013 She further thanked the citizens of Colleyville and the Police Department for helping Colleyville reach this designation. Mayor Kelly announced the next public meeting to discuss the Glade Road project is Monday, November 18, 2013 at Colleyville Center, from 5:30 – 7:30 p.m. Mayor Kelly announced the “Mayor for a Day” essay contest winner, a day as the City’s “mayor” is the beginning of an unforgettable year. The honorary mayor will begin her or his official duties by escorting Santa to Holly Colley Holiday aboard a vintage fire truck on Friday, December 6. The student will serve as honorary mayor on Tuesday, December 17, touring City facilities and co-presiding with Mayor Kelly at the City Council meeting. Additional activities will be scheduled throughout the year, according to the student’s availability. This year’s contest opened Friday, November 1; all entries must be received by 5:00 p.m. on Monday, December 2. The contest is open to Colleyville residents only, in grades 2-7. To enter, all contestants must submit a one-to-two page essay addressing three ideas he or she would implement to make Colleyville an even better place to live. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3684 4a Approval of the minutes of the regular City Council meeting of October 15, 2013 4b Approval of a preliminary plat for 53.2 acres on Tracts 1F and 1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 and 1C, Abstract 295 of the William E. Crooks Survey, located at 7612 and 7624 Pleasant Run Road, Case PC13-020 4c Consideration and approval of a Right-of-Way Encroachment and Joint Use Agreement on Lot 1, Block 1, of the Medlen Addition, located at 7304 and 7401 Pleasant Run Road 4d Approval of the use of Voluntary Park Funds for professional services, for laser grading of City Park competitive athletic fields, in an amount not to exceed $30,000 annually 4e Approval of the Colleyville Tree Board and Senior Center Advisory Committee bylaws Mayor Kelly read Resolution R-13-3684 in its entirety. Mayor Kelly opened the public hearing at 8:06 p.m. City of Colleyville Page 10 City Council Minutes November 5, 2013 There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:06 p.m. Councilmember Hart moved to approve Resolution R-13-3684. Councilmember Wollin seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-13-1893 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 8:07 p.m. Dave Toney, applicant, presented the item and briefed the City Council. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:12 p.m. Mayor Kelly questioned Mr. Gerald Ward, architect, regarding the original size of the support columns. Mr. Ward explained the original columns were to be constructed as 12 x 12. Councilmember Hall questioned Mr. Toney regarding the original submittal. Mr. Toney displayed the original exhibit. Councilmember Hall questioned staff regarding if this original submittal was used to base the denial of the certificate of occupancy. Director Ruthven explained the denial was based on the original exhibit in the approving ordinance, which outlines the PUD-C-Planned Unit Development Commercial development. City of Colleyville Page 11 City Council Minutes November 5, 2013 Mayor Kelly stated they were given approval on the building plans that were submitted, and the plans were not submitted that depicted the approved ordinance. Councilmember Hall stated not having an issue with the metal support columns, as currently constructed. Councilmember Hart concurred with Councilmember Hall and stated that if graffiti was put on the support columns, it would easily be removed. Councilmember Wollin stated she would like the masonry on the support columns, as originally submitted and approved with the ordinance. Mayor Pro Tem Taylor stated being disappointed that the ordinance was not followed. He stated he could go either way, with or without masonry support columns. Mayor Kelly stated the original exhibit had 12 inch support columns versus the 14 inch columns. Councilmember Wollin questioned staff regarding if stone veneer would count as masonry. Director Ruthven replied yes, as long as it looks like or resembles stone or masonry and that thickness is not a consideration; however, it would need to be durable. Councilmember Mogged stated, for aesthetic reasons, he likes the steel columns. He added there will need to be something put in place in order to catch these items before the certificate of occupancy. Mayor Kelly concurred. Mayor Kelly questioned staff regarding what the proposed ordinance approves. Director Ruthven stated the proposed ordinance contains everything that the applicant is requesting, in terms of a waiver from the original ordinance. Councilmember Hall moved to approve Ordinance O-13-1893. Councilmember Hart seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Chuck Mogged, Stan Hall, Jody Short, and Tom Hart Nay: 1 – Councilmember Carol Wollin City of Colleyville Page 12 City Council Minutes November 5, 2013 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-13-1894 Consideration of a request for a zoning change from R40-Single Family Residential to PUD-R-Planned Unit Development Residential on 15.4 acres of Lot 1, Block 1, of the Breezy Lake Estates, Lots 1A and 1B, Block 1, of the Meadowlake Addition, and Tract 2B, of the McNary Acres Addition, located at 1117, 1121, and 1217 W. L.D. Lockett Road, and a portion of Lot 1, Block 1, of the Bear Valley Community Church Addition, located at 7900 Precinct Line Road, Case ZC13-014 Mayor Kelly read the caption of Ordinance O-13-1894. Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 8:27 p.m. Kosse Maykus, applicant, presented the item and briefed the City Council. Jarrod Upton, 5604 Texas Trail, spoke in support of residential however, stated having reservations about some of the plans for side yard setbacks. Craig Walter, 5910 Crescent Lane, spoke in support of the rezoning request. Justin Joyner, 5514 Texas Trail, did not wish to speak, but registered his opposition to the rezoning request. There were no others wishing to speak and Mayor Kelly closed the public hearing at 8:42 p.m. Mayor Kelly questioned Mr. Maykus regarding the fencing between the proposed development and the commercial property. Mr. Maykus replied some fencing does exist; however, he is proposing to install a new, six foot cedar wood fencing on metal posts between the residential and the commercial properties. He added that he is proposing to install a new, eight foot cedar wood fencing on metal posts between the residential properties to the east. Mayor Kelly questioned Mr. Maykus regarding if any elevation issues currently exist between the Reatta Place development and the proposed development. Mr. Maykus replied it falls from Reatta Place to the new proposed development. Councilmember Wollin questioned staff regarding the Land Development Code’s maximum building height. Director Ruthven replied the standard is 35 feet in height. City of Colleyville Page 13 City Council Minutes November 5, 2013 Councilmember Wollin questioned Mr. Maykus regarding why he requested 40 feet in height. Mr. Maykus replied it may have been an oversight on his behalf, but that he only wants the standard of 35 feet. Mayor Pro Tem Taylor questioned Mr. Maykus regarding the different setbacks along L.D. Lockett Road. Mr. Maykus replied the setbacks are different to allow for the construction of the sidewalk and the future sidewalk for the Reatta Place development. Councilmember Hall questioned Mr. Maykus regarding if there is enough room for a sidewalk along the western side and if it will connect to the commercial sidewalk. Mr. Maykus replied yes. Councilmember Short questioned Mr. Maykus regarding the trail. Mr. Maykus replied they will connect to the existing trail system. He added they have discussed with the Reatta Place homeowners to connect the two developments with complete sidewalk circulation. He stated that aspect is still to be determined by the Reatta Place homeowners. Mayor Kelly questioned staff regarding if a five foot sidewalk is required along L.D. Lockett Road. Director Ruthven replied yes. Mr. Maykus stated they will comply with the requirement. Councilmember Hart questioned Mr. Maykus regarding the source of water for pond in this development. Mr. Maykus stated the water is coming from the north properties, and that some of the water is actually coming from a well source. Councilmember Hall questioned Mr. Maykus regarding if this will be a gated community. Mr. Maykus replied yes. Councilmember Hall questioned Mr. Maykus regarding if the main entry will be across from the Emerald Park subdivision. Mr. Maykus replied yes. Councilmember Hall questioned Mr. Maykus regarding the other gate, will that also be an entry. Mr. Maykus replied the gate to the east will only be for egress with an Opticom device for emergency services. Councilmember Hall stated it would be a benefit to the residents of this community to be able to enter and exit this development through the east gate, especially those lots adjacent to the gate. Mr. Maykus stated they will consider that possibility. He added it may be for residents only. Mayor Kelly stated public safety will need to approve it as such. City of Colleyville Page 14 City Council Minutes November 5, 2013 Councilmember Short questioned Mr. Maykus regarding if they will be constructing the fencing adjacent to the Reatta Place development. Mr. Maykus replied yes, they will construct the fencing between the two subdivisions. Councilmember Hall stated wooden fences require a lot of maintenance which will be upon the homeowners. He suggested building masonry fencing. Mayor Pro Tem Taylor questioned Mr. Maykus regarding the trees. Mr. Maykus replied two trees will be planted in every front yard and then on the eastern lots, there will be two trees planted in the back yards. He stated the other lots may already have existing trees. Mayor Pro Tem Taylor questioned Mr. Maykus regarding the 65 percent lot coverage, how will that work with pools. Mr. Maykus replied the lot coverage is only measured for the building footprint, not the ancillary structures such as pools and driveways and such. He explained the lot coverage scenarios with typical home square footages. Mayor Pro Tem Taylor questioned Mr. Upton regarding why Reatta Place residents are concerned with this development. Mr. Upton stated they are concerned about the size of the homes, the side yard setbacks, traffic, and drainage. Mayor Pro Tem Taylor questioned Mr. Upton regarding how long he has lived here. Mr. Upton replied since February of this year. Councilmember Mogged questioned Mr. Maykus regarding if there are any mature trees. Mr. Maykus stated there are a few mature trees, including some Blackjacks. Councilmember Hall questioned Mr. Maykus regarding the property to the south of this subject property. Mr. Maykus replied that property belongs to Reatta Place. Mayor Pro Tem Taylor questioned Mr. Maykus regarding the proposed sidewalk to the southern portion. Mr. Maykus replied the property belongs to Reatta Place and the proposed sidewalk would provide connectivity. 6b Ordinance O-13-1895 Request for approval of amendments to the Future Land Use Map of the Colleyville Master Plan for Lot 1, Block 1, of the Breezy Lake Estates, Lots 1A and 1B, Block 1, of the Meadowlake Addition, and Tract 2B, of the McNary Acres Addition, located at 1117, 1121, and 1217 W. L.D. Lockett Road, and a portion of Lot 1, Block 1, of the Bear Valley Community Church Addition, located at 7900 Precinct Line Road, from a Retail and Institutional Land Use Designation to a Single Family Land Use Designation Mayor Kelly read the caption of Ordinance O-13-1895. City of Colleyville Page 15 City Council Minutes November 5, 2013 Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 9:09 p.m. There was no one wishing to speak and Mayor Kelly closed the public hearing at 9:09 p.m. 6c Ordinance O-13-1896 Approval of a request to amend the filing date of the financial disclosure forms requirement of Ordinance O-02-1322 Mayor Kelly read the caption of Ordinance O-13-1896 City Secretary Amy Shelley presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 9:13 p.m. There was no one wishing to speak and Mayor Kelly closed the public hearing at 9:13 p.m. Mayor Pro Tem Taylor stated he believed the boundary map should only reflect the city limits of Colleyville, especially since the oath applies to Colleyville. Councilmember Hall stated he believed all items should be disclosed, regardless of only interest within Colleyville. Mayor Kelly stated there are two different types of conflicts of interest, those which involve state statutory law or those within Colleyville. He added there are conflict of interest forms to fill out for those instances. Mayor Pro Tem Taylor stated he believes the citizens have a right to know you have interests in Colleyville. Councilmember Mogged questioned Mayor Kelly regarding what if there are interests within a neighboring city. Mayor Kelly stated those items can be acknowledged on the conflict of interest forms. Councilmember Mogged questioned Mayor Kelly regarding what happens when you forget to fill out the forms upon any change, in other words, now the forms are due twice a year, and therefore a triggering mechanism is in place. Mayor Kelly stated you are responsible to fill out the forms upon a material change. City of Colleyville Page 16 City Council Minutes November 5, 2013 Mayor Kelly questioned staff regarding the reference to the boundary map. City Secretary Amy Shelley stated there is also a reference on Form 3, attached to the proposed ordinance. Councilmember Short stated he could see the boundary of the map be extended 500 feet beyond the City limits to cover those interests right outside of the City. Mayor Pro Tem Taylor stated those would have to be noted at that time, such as on the conflict of interest forms. Mayor Kelly stated being in favor of amending the boundary map to include only the City limits of Colleyville. Councilmembers Mogged and Wollin stated the ordinance should reflect five days versus three days for the forms to be filed in the event of a change. 7. ORDINANCE(S): CONTINUED: READING AND PUBLIC HEARING 7a 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 Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 9:32 p.m. Steve Isbell and Mark Howe, applicants, presented the item and briefed the City Council. Claudia Bevill, 119 Cheek-Sparger Road spoke in opposition to this request with concerns for traffic, density, and lack of open space. James Bevill, 119 Cheek-Sparger Road spoke in opposition to this request with concerns for traffic, density, and lack of open space. Daniel Morrison, 123 Felps Court, did not wish to speak, but did register his opposition to this request. There was no one else wishing to speak and Mayor Kelly closed the public hearing at 9:46 p.m. City of Colleyville Page 17 City Council Minutes November 5, 2013 Councilmember Hall questioned staff regarding the small lot development comparison chart, has right-of-way ever been included in the percentage of open space. Director Ruthven replied no. Councilmember Hall questioned staff regarding the open space for this development, minus the right-of-way. Director Ruthven replied 16.2 percent. Councilmember Hall stated it would make this development one of the lowest percentages of open space. Mayor Kelly stated he has concerns for the density of the development in relationship to the size of the lot. He added he could be comfortable with seven lots. Director Ruthven explained the Land Development Code calculation of open space to Mr. Isbell. Discussion occurred between Mr. Isbell and the Mayor regarding the scale of the development, density, open space, and right-of-way. Mayor Kelly questioned staff regarding the right-of-way adjacent to Cheek-Sparger Road. Director Ruthven replied currently there is 60 feet of right-of-way dedicated. Councilmember Hall questioned staff regarding the amount of excess that was dedicated for the right-of-way when the property was platted. Director Ruthven replied there is an excess of 22.4 feet of right-of-way. Director Ruthven stated the City may abandon that right-of-way; however, it may not necessarily go to the adjacent property owner. He further explained the options regarding the right-of-way. Councilmember Short questioned staff regarding what difference would the additional right-of-way make with this development. Director Ruthven replied it would add more potential lot and open space area to the development. Mr. Isbell stated it would increase the open space percentage to 19.7 versus 16.2. Mayor Pro Tem Taylor stated this is a problematic piece of property. He further questioned staff regarding how the building setback is established. Director Ruthven replied it is measured from the back of the City’s right-of-way. Mayor Pro Tem Taylor questioned staff regarding the required width of the street, from back of curb to back of curb. Director Ruthven replied 31 feet. Mayor Pro Tem Taylor stated he can see both sides of the difficulties of this property. City of Colleyville Page 18 City Council Minutes November 5, 2013 Mayor Pro Tem Taylor questioned Mayor Kelly regarding the layout for seven lots. Mayor Kelly replied the site plan can be reduced by one lot to create a less dense development. Councilmember Wollin stated she had hoped there would only be seven lots. Mayor Kelly stated the property needs to be residential, but stated not being sure about the necessity for 20 percent of open space. Mayor Pro Tem Taylor stated with more residents, more open space is needed; however, this is more of a transitional piece of property. Mayor Kelly stated the excess right-of-way could be heavily landscaped to create more of an open feel to this development. Mayor Pro Tem Taylor questioned Mr. Isbell regarding trees being added to the lots. Mr. Isbell replied trees will be added to Lots 1, 2, 4, and 5. Mr. Howe stated he did not know that the City would even consider abandoning the excessive right-of-way to be able to count towards the open space percentage. He stated the bar ditch area will be updated so that landscaping and maintenance can take place. He stated the existing trees within this right-of-way will be saved, and the proposed sidewalk will be constructed around the landscaping and trees, to City code. Mayor Pro Tem Taylor questioned Mayor Kelly regarding if the smaller lots will require the 20 percent open space. Mayor Kelly replied somewhat, given the design of this development. They then discussed other developments within Colleyville where open space is not required. Mayor Kelly questioned Mr. Isbell regarding the lot coverage percentage; will you be good with a 60 percent lot coverage maximum? Mr. Isbell replied yes. Mayor Pro Tem Taylor stated the excess right-of-way should be reworked as the area is unsightly. He added he would like to be able to make this work for everyone. Mayor Pro Tem Taylor stated adding trees will add to the curb appeal and for the long term will make for a prettier street. Councilmember Short stated the development appears to have been designed around the mature trees, towards Cheek-Sparger Road. Mayor Kelly added some trees may be lost due to the development and some may die anyway, but the developer can plant new trees. City of Colleyville Page 19 City Council Minutes November 5, 2013 Mayor Kelly stated, to Mr. Isbell, that if the open space is changed, the lots can be increased to help with the scale of the development. Councilmember Hall stated he would be interested in seeing that change in the open space and lots. Mayor Pro Tem Taylor concurred. Councilmember Hall stated, based on the comments made this evening, this request would not be approved. He stated the City Council may want to continue this item. Councilmember Wollin concurred and stated she would like to see what the setback would look like for those lots along Cheek-Sparger Road. Director Ruthven stated there could be options presented for the right-of-way, at a later time. Mayor Kelly questioned City Council regarding the loss of the open space, or options of what the development would look like, taking into account the excessive right-of-way. Mayor Pro Tem Taylor stated the villa type developments are not conducive to the need for a large amount of open space, given the resident of those developments, and given the proximity to the park in this area. Councilmember Hall stated the bar ditch area needs some improvement. Mr. Howe stated there will be a need for some open space because of the need for drainage such as retention/detention. Mayor Pro Tem Taylor questioned Mr. Howe regarding if the drainage could be addressed through the excessive right-of-way. Mr. Howe replied he believed so, with the addition of some stone, to help with the flow of water, and with moving it closer to Cheek-Sparger Road. Mayor Pro Tem Taylor questioned Mr. Isbell regarding the distance to the Bevill’s property and the western subject property line. Mr. Isbell replied approximately 70 feet. Mr. Howe questioned City Council regarding the information needed coming back in December. Mayor Kelly stated a plan for the landscaped area along Cheek- Sparger Road, a revised site plan showing the expansion of the lots, and the protection of the Bevill’s property, with the planting of additional trees. Councilmember Hall stated Lots 1 and 2 could be moved further north, depending on the right-of-way issue. Mayor Kelly questioned staff regarding the wood fence along the south side, how will this work regarding access with a new fence along side of it. Director Ruthven City of Colleyville Page 20 City Council Minutes November 5, 2013 stated the fencing could be directly adjacent to the existing fence; however, there could be maintenance issues. He stated it would be better if there was only one fence. Mayor Kelly stated this may be something that needs to be worked out with the property owners. Councilmember Hall moved to continue this item to the December 3, 2013 meeting. Councilmember Hart seconded the motion. The motion to continue this item to the December 3, 2013 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 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak regarding this item. 9. REPORTS Colleyville Tree Board Meeting Minutes - October 8, 2012 Parks and Recreation Advisory Board Meeting Minutes - April 1, 2013 Senior Center Advisory Committee Meeting Minutes - July 18, 2013 Colleyville Library Board Meeting Minutes - August 12, 2013 Planning and Zoning Commission Meeting Minutes - September 9, 2013 Zoning Board of Adjustment Meeting Minutes - September 10, 2013 Planning and Zoning Commission Meeting Minutes - September 23, 2013 Planning and Zoning Commission Meeting Minutes - October 14, 2013 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR NOVEMBER 5, 2013 - Reading and Public Hearing - Resolution R-13-3685 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: City of Colleyville Page 21 City Council Minutes November 5, 2013 Aye: 7 - Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart Mayor Kelly adjourned the City Council meeting at 11:00 p.m. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 19TH DAY OF NOVEMBER 2013. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 22