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HomeMy WebLinkAboutCity Council-Minutes-11/19/2013 City of Colleyville City Hall COLLEYVILLE City Council 100 Main Street Colleyville, Texas 76034 ,N. Agenda www1colleyvillle.ccom Tuesday, November 19, 2013 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Update and discussion of the Quiet Zone Project PC-2 Presentation of the Performance Management Report PC-3 Presentation of the Quarterly Investment Report for quarter ending September 30, 2013 PC-4 Presentation of the Monthly Financial Report - October 2013 PC-5 Discussion of the November 19, 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 Council Agenda November 19, 2013 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Rich Green, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3686 • 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of the Colleyville Woman's Club 35 Year Anniversary - Carol Wollin, President, and Executive Board members, Colleyville Woman's Club In recognition of Colleyville's featured business - Walmart Neighborhood Market, 4904 Colleyville Boulevard, Steve Chapman, Store Manager - Mayor Pro Tern Mike Taylor and Economic Development Director Marty Wieder 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3687 4a Approval of the minutes of the regular City Council meeting of November 5, 2013 4b Approval of a contract with Stripe-A-Zone, Inc., in an amount not to exceed $95,289.43, for replacement of worn out pavement markings at various locations throughout the City, and authorize the city manager to execute the contract 4c Consideration of a request for approval of a final plat for 13.63 acres out of the Elizabeth Cox Survey, John H. Havens Survey, and the Jesse Doss Survey, located in the 4900 block of Heritage Avenue, Case PC13-010 4d Consideration of a request for approval of a final plat for 11.875 acres on Abstract 65 of the H.L. Allen Survey, and Abstract 798 of the J. Harrell Survey, located at 6816 Murphy Road, Case PC13-023 City Council Agenda November 19, 2013 4e Approval of a donation to Colleyville Center from the Colleyville Garden Club, in the amount of $7,000, for the purchase of five Nellie R. Stevens' Holly trees and five decorative pots 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-13-1894 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 5b Ordinance 0-13-1895 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 5c Ordinance 0-13-1896 Approval of a request to amend the filing date of the financial disclosure forms requirement of Ordinance 0-02-1322 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-13-1897 Consideration of a request for approval of a zoning change from R40- Single Family Residential to R20-Single Family Residential on 2.5 acres of Lot B1A, A1B, B3, and B2, Block 4, of the W. C. Newton Subdivision, located at 708 W. L.D. Lockett Road, Case ZC13-015 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3688 Consideration of appointments to the Park Land Dedication Committee ',aaa �ri City Council Agenda November 19, 2013 7b Resolution R-13-3689 A resolution casting votes for electing members to the Tarrant Appraisal District Board of Directors 7c Resolution R-13-3690 Approval to pass through a water and sewer rate increase received by the City of Colleyville from the Trinity River Authority 7d Resolution R-13-3691 Approval of changing the dates of the May 20, August 5, October 7, and November 4, 2014 regular City Council meetings 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR NOVEMBER 19, 2013 - Reading and Public Hearing - Resolution R- 13-3692 10. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, November 15, 2013 by 5:00 p.m. ilk , I • , Amy elley, TR . 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 City Hall COLLEY-VILLE City Council 100 Main Street g Colleyville, Texas 76034 Minutes 817. 503.1000 F x n www.colleyville.com Tuesday, November 19, 2013 City Council Chambers Mayor Pro Tern Mike Taylor called the Pre Council meeting of the Colleyville City Council to order on November 19, 2013, at 5:31 p.m. ROLL CALL: Mayor Pro Tern Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart. Mayor David Kelly was absent. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, 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, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Planning and Development Coordinator Mary Elliott, Parks Superintendent Tim Hightshoe, Information Systems Manager Chris Pena, Assistant City Attorney Matt Butler, and City Secretary Amy Shelley were present. PC-1 Update and discussion of the Quiet Zone Project Public Works Director Bob Lowry presented this item and briefed the City Council. Mr. Kurt Anderson, CTC Inc., presented this item and briefed the City Council. Scott Forbes and Mark Mathis with CTC Inc., were also present to answer questions. Councilmember Mogged questioned staff regarding the trail to the north of the John McCain Road intersection. City Manager Jennifer Fadden stated it will be connected with the current road project. Councilmember Hall questioned staff regarding if the trail will be south of the tracks. Director Lowry replied south of the tracks and then parallel with the trail in Grapevine. He added the trail will be completed with the construction of the Quiet Zone Project. Councilmember Wollin questioned Mr. Anderson regarding if Colleyville's gates will look similar to the four-quadrant gate operation. Mr. Anderson replied yes. Councilmember Wollin questioned Mr. Anderson regarding the timing between the flashing of the lights and the gates closing. Mr. Anderson replied the lights will City Council Minutes November 19, 2013 begin flashing three-five seconds before the gates begin to close and it typically takes seven-eight seconds for the gates to close. Councilmember Mogged questioned Mr. Anderson regarding the swinging of the pedestrian gate. Mr. Anderson stated the pedestrian gate swings away from the track, and it is manually operated. Councilmember Short questioned staff regarding the 30 day closure. Director Lowry stated they are not anticipating it taking 30 days; however, he wants to allow for extra time to complete the construction. Councilmember Wollin questioned staff regarding the hours of construction. Director Lowry replied the hours of construction will be the standard hours, Monday through Saturday, 7 a.m. to 7 p.m.; however, the contract will be released as a Monday through Friday project. He added that the contractor may ask for Saturday, and staff would allow for such. Councilmember Short questioned staff regarding if the project could be done over the summer. Director Lowry replied it is likely it will not be done before school starts. Councilmember Hall stated the schools will need to be notified to allow for alternate bus routes. Director Lowry concurred. Councilmember Short questioned staff regarding resident notification. Director Lowry replied the neighbors along Shelton will be notified. Mayor Pro Tem Taylor questioned Mr. Anderson regarding the time of the project. Mr. Anderson stated the project has to be approved by the railroad; therefore it has to be approved in Austin. Councilmember Hall questioned staff regarding the surface of the trail across the railroad. Director Lowry replied it will be smoother than its current state. Councilmember Hart stated it will be good once the project is completed, however, getting through the construction process may be tedious. PC-2 Presentation of the Performance Management Report City Manager Jennifer Fadden presented this item and briefed the City Council. Councilmember Hall questioned staff regarding the areas in red. City Manager Jennifer Fadden explained those measures, which did not meet the target, are related to workload, especially with the development type measures. She added the turnover measure will hopefully be more positive with the new compensation system. City Council Minutes November 19, 2013 Councilmember Wollin questioned staff regarding if the measurements will be modified. City Manager Jennifer Fadden replied yes, and those measures will continue to evolve and be modified to help track performance based on the needs of the community. Councilmember Mogged stated the economic development measures are not truly reflective of the great success of the year, especially with the Colleyville Downs project. Mayor Pro Tem Taylor questioned staff regarding if the measures or being tracked based on the news or the reality. Economic Development Director Marty Wieder explained the timing of such projects has fallen beyond those fiscal year measurements. Councilmember Wollin stated the market decrease may be something to measure versus what is currently being measured; to look at the big picture. Councilmember Short questioned staff regarding the police department measures, especially the warrants, and the clearance rate. City Manager Jennifer Fadden stated with the municipal court merge all of the warrants were behind. Captain Robert Hinton stated the clearance rate is dependent upon several factors, such as the type of crime. He stated a decision was made at the beginning of the performance year to fully staff the Crimes Investigation Division. City Manager Jennifer Fadden further explained the Part 1 crimes. PC-3 Presentation of the Quarterly Investment Report for quarter ending September 30, 2013 Assistant City Manager and Chief Financial Officer Terry Leake presented this item and briefed the City Council. Mayor Pro Tem Taylor questioned staff regarding the current restraints the City has with this money. Assistant City Manager and Chief Financial Officer Terry Leake replied the City is governed by the Public Funds Investment Act and it has three components; safety, liquidity, and yield. She further explained those components. Mayor Pro Tem Taylor questioned staff regarding the average in which the City holds these funds. Assistant City Manager and Chief Financial Officer Terry Leake replied the average maturity is not quite a year. Mayor Pro Tem Taylor questioned staff regarding if the City is rolling long term rates. Assistant City Manager and Chief Financial Officer Terry Leake explained the maturity rates. City Council Minutes November 19, 2013 Mayor Pro Tern Taylor questioned staff regarding if the City is maximizing the tax payers funds given the constraints. Assistant City Manager and Chief Financial Officer Terry Leake replied yes. PC-4 Presentation of the Monthly Financial Report - October 2013 Finance Manager Karen Hines presented this item and briefed the City Council. Councilmember Hall questioned staff regarding where most of the building permits are being issued. Community Development Director Ron Ruthven explained mostly in the western portion of the City; however, there are several permits being issued on the eastern side of the City. Councilmember Mogged stated having a concern about the water usage since the water organizations do not cover the fixed costs; as a result they become weaker. City Manager Jennifer Fadden explained that staff is very aware of such, and want to ensure that moving forward, those costs are built into the rate structure. PC-5 Discussion of the November 19, 2013, City Council regular agenda items There was no discussion of this item. City Manager Jennifer Fadden introduced City employee, Planning and Development Coordinator Mary Elliott. Mayor Pro Tern Taylor adjourned the Pre Council meeting at 6:33 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tern Taylor at 7:31 p.m. ROLL CALL: Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart. Mayor David Kelly was absent. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Captain Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven, Planning and Development Coordinator Mary Elliott, Information Systems Manager Chris Pena, Assistant City Attorney Matt Butler, and City Secretary Amy Shelley were present. City Council Minutes November 19, 2013 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 Mayor Pro Tern Taylor explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 6:42 p.m. and reconvened at 7:23 p.m. INVOCATION: Pastor Rich Green, Compass Christian Church PLEDGE OF ALLEGIANCE: Assistant City Attorney Matt Butler 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3686 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 Pro Tern Taylor wished Councilmembers Wollin and Hall a happy birthday. Councilmember Wollin stated this year marks the 10 year anniversary of the Colleyville Public Library. City Council Minutes November 19, 2013 Proclamation in recognition of the Colleyville Woman's Club 35 Year Anniversary - Carol Wollin, President, and Executive Board members, Colleyville Woman's Club Mayor Pro Tern Taylor presented a proclamation in recognition of the Colleyville Woman's Club 35 Year Anniversary to President Carol Wollin, Vice President of Membership Deanne Brown, Vice President of Philanthropy Paula McCollough, Treasurer Ruth Ann Meek, Secretary Karen Deakin, and Parliamentarian Nancy Coplen. President Carol Wollin thanked the Mayor Pro Tern Taylor and the City Council for their recognition by this proclamation. She further explained the works of the Colleyville Woman's Club. Vice President of Membership Deanne Brown explained the history of the membership of the Colleyville Woman's Club. Treasurer Ruth Ann Meek explained some of the upcoming fundraising events for the Colleyville Woman's Club and further invited everyone to come and enjoy the Holiday Home Tour event. Parliamentarian Nancy Coplen explained the Colleyville Youth Program. In recognition of Colleyville's featured business - Walmart Neighborhood Market, 4904 Colleyville Boulevard, Steve Chapman, Store Manager - Mayor Pro Tern Mike Taylor and Economic Development Director Marty Wieder Mayor Pro Tern Taylor and Economic Development Director Marty Wieder recognized Walmart Neighborhood Market as the featured business of the month and introduced Steve Chapman, Store Manager. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3687 4a Approval of the minutes of the regular City Council meeting of November 5, 2013 4b Approval of a contract with Stripe-A-Zone, Inc., in an amount not to exceed $95,289.43, for replacement of worn out pavement markings at various locations throughout the City, and authorize the city manager to execute the contract 4c Consideration of a request for approval of a final plat for 13.63 acres out of the Elizabeth Cox Survey, John H. Havens Survey, and the Jesse Doss Survey, located in the 4900 block of Heritage Avenue, Case PC13-010 4d Consideration of a request for approval of a final plat for 11.875 acres on Abstract 65 of the H.L. Allen Survey, and Abstract 798 of the J. Harrell Survey, located at 6816 Murphy Road, Case PC13-023 City Council Minutes November 19, 2013 4e Approval of a donation to Colleyville Center from the Colleyville Garden Club, in the amount of $7,000, for the purchase of five Nellie R. Stevens' Holly trees and five decorative pots Mayor Pro Tem Taylor read Resolution R-13-3687 in its entirety. Mayor Pro Tem Taylor opened the public hearing at 7:50 p.m. There was no one present wishing to speak and Mayor Pro Tem Taylor closed the public hearing at 7:50 p.m. Councilmember Wollin moved to approve Resolution R-13-3687. Councilmember Hall seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart Absent: 1 — Mayor David Kelly Councilmember Wollin thanked the Colleyville Garden Club for their donation of $7,000, for the purchase of five Nellie R. Stevens' Holly trees and five decorative pots. 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance 0-13-1894 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 Pro Tern Taylor read the caption of Ordinance 0-13-1894. Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Pro Tern Taylor opened the public hearing at 7:54 p.m. Kosse Maykus, the applicant, presented the agenda item and briefed the City Council. City Council Minutes November 19, 2013 Jarrod Upton, 5604 Texas Trail, spoke in support of this request, and stated he looks forward to working with the developer. Robert Nelson, 5522 Texas Trail, spoke in support of this request, and stated he also looks forward to working with the developer. There were no others wishing to speak and Mayor Pro Tern Taylor closed the public hearing at 7:58 p.m. Councilmember Hall questioned staff regarding the egress/ingress of the eastern most gate. Director Ruthven replied Chapter 10 of the Land Development Code outlines gated subdivisions, and it requires a means of ingress and egress for the residents of the community, as well as visitors. Councilmember Hall questioned staff regarding if the code is actively enforced throughout the City. Director Ruthven stated the code was approved in 2008; therefore, any gate prior to 2008 may not meet those provisions. Councilmember Hall questioned Mr. Maykus regarding the provisions of the gate. Mr. Maykus stated they will include a full access gate on the divided median and the eastern gate would be for emergency access only. City Manager Jennifer Fadden stated the agreement made with the developer and the Reatta Place homeowners, regarding the connectivity with the trail to the Reatta Place open space pond area, may need to be included as an amendment to any motion considered for the proposed ordinance. Mr. Maykus concurred. Councilmember Hall questioned Mr. Maykus regarding the pond area. Mr. Maykus explained the location of the proposed trail between the two developments. Councilmember Hall questioned Mr. Nelson regarding the access to the pond area. Mr. Nelson replied the residents of Reatta Place have agreed to let the residents of the Heron Pond development have walking access to the pond area, however, the Reatta Place residents will only have access to fishing in the pond. Councilmember Wollin questioned Mr. Maykus regarding if that particular agreement is in writing. Mr. Maykus replied there are several emails between the developments; however, nothing has been codified. Councilmember Wollin commended the developer for working with the Reatta Place residents. Councilmember Hall echoed Councilmember Wollin's statement. City Council Minutes November 19, 2013 Councilmember Short thanked the developer as well, and stated other developers should do the same before applying for such requests. Councilmember Hart echoed Councilmember Short's statement. Mayor Pro Tem Taylor questioned Mr. Nelson regarding if any of the opposition has changed to support, given the recent discussions with the developer. Mr. Nelson replied no, some are still opposed to this request, but the majority realizes the subject property will eventually develop, and that this developer is working with the residents to make the best of the situation. Councilmember Mogged questioned staff regarding if the request will need to be amended to include the sidewalk. City Manager Jennifer Fadden replied if City Council desires to memorialize the trail within this development, then yes. City Manager Jennifer Fadden questioned Mr. Maykus regarding if a trail will be constructed, or if there will be a public access easement dedicated to construct the trail within. Mr. Maykus replied they will be constructing the trail within the open space, however, as far as granting a public access easement, they did not believe they would be doing so, since it is on the homeowners' association property. He further explained the design of the trail within the area. Councilmember Hall questioned Mr. Nelson regarding if the intent is to grant public access versus just the residents of the two developments. Mr. Nelson replied no, just the residents and visitors of the two developments. Councilmember Hall stated the builder cannot obligate a future homeowners association (HOA), therefore, when the HOA governs the development, they need to fully understand the agreement between the two developments. Mr. Maykus stated there will be an agreement established. Assistant City Attorney Matt Butler recommended the following amendment language for the proposed ordinance: "the sidewalk connecting the Heron Pond development and the Reatta Place development shall be constructed as agreed by the Heron Pond developer and the Reatta Place homeowners' association." City Manager Jennifer Fadden questioned the developer, for clarification, regarding if he will agree to construct a five foot wide trail, or has the width been defined? Mr. Maykus replied they will construct a five foot wide trail to match the one to be constructed in Heron Pond. City Manager Jennifer Fadden stated she would recommend that the width of the trail be defined in the proposed ordinance. Assistant City Attorney Matt Butler restated the following for the proposed ordinance: "the minimum five foot sidewalk connecting the Heron Pond City Council Minutes November 19, 2013 development and the Reatta Place development shall be constructed as agreed between the Heron Pond developer and the Reatta Place homeowners' association." City Manager Jennifer Fadden recommended the language should state "trail" not "sidewalk." Assistant City Attorney Matt Butler concurred. Councilmember Mogged moved to approve Ordinance 0-13-1894 with an amendment to include the trail language, as stated by the Assistant City Attorney. Councilmember Wollin seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart Absent: 1 - Mayor David Kelly 5b Ordinance 0-13-1895 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 Pro Tem Taylor read the caption of Ordinance 0-13-1895. Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Pro Tem Taylor opened the public hearing at 8:24 p.m. There was no one present wishing to speak and Mayor Pro Tern Taylor closed the public hearing at 8:24 p.m. Councilmember Hall moved to approve Ordinance 0-13-1895. Councilmember Hart seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart City Council Minutes November 19, 2013 Absent: 1 - Mayor David Kelly 5c Ordinance 0-13-1896 Approval of a request to amend the filing date of the financial disclosure forms requirement of Ordinance 0-02-1322 Mayor Pro Tern Taylor read the caption of Ordinance 0-13-1896. City Secretary Amy Shelley presented the item and briefed the City Council. Mayor Pro Tern Taylor opened the public hearing at 8:27 p.m. There was no one present wishing to speak and Mayor Pro Tern Taylor closed the public hearing at 8:27 p.m. Councilmember Wollin stated Section 7, of the original Ordinance 0-02-1322, will need to be amended to include the change from three days to five days. Staff concurred. Councilmember Wollin moved to approve Ordinance 0-13-1896 with the amendment to Section 7 of the original ordinance. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart Absent: 1 - Mayor David Kelly 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance 0-13-1897 Consideration of a request for approval of a zoning change from R40- Single Family Residential to R20-Single Family Residential on 2.5 acres of Lot B1A, A1B, B3, and B2, Block 4, of the W. C. Newton Subdivision, located at 708 W. L.D. Lockett Road, Case ZC13-015 Mayor Pro Tern Taylor read the caption of Ordinance 0-13-1897. Community Development Director Ron Ruthven presented the item and briefed the City Council. Mayor Pro Tem Taylor opened the public hearing at 8:32 p.m. City Council Minutes November 19, 2013 Peter Slover, the applicant, presented the item and briefed the City Council. Eddie Ray Parker Jr., 411 Pebble Way #147, Arlington, Texas, read a letter of support, from his father, the subject property owner, as he was unable to attend the meeting. Tracy Rector, 301 Oak Valley and 711 Duns Tew Path, spoke in support of this request. There was no one else wishing to speak and Mayor Pro Tem Taylor closed the public hearing at 8:41 p.m. Councilmember Hart stated this appears to be a straight forward request with 20,000 square foot lots. Director Ruthven concurred. Councilmember Wollin questioned staff regarding if the zoning exhibit could be included in the ordinance. Director Ruthven replied state law dictates in that in a straight zoning case, an exhibit and/or conditions may not be attached to the ordinance. Councilmember Wollin questioned staff regarding why the Planning and Zoning Commission recommended denial of this request. Director Ruthven replied the Planning and Zoning Commission recommended denial based on the specific goals and objectives of the Master Plan. Councilmember Wollin stated she does not see any problems with this request. Councilmember Hall questioned Mr. Slover regarding if he can provide, in good faith, that the development will look like the zoning exhibit. Mr. Slover replied yes. Councilmember Short stated he feels this development will help with eliminating multiple driveways along L.D. Lockett Road. Councilmember Short questioned staff regarding the 40 foot building line along L.D. Lockett Road, is that a required building line? Director Ruthven replied the R20 zoning district only requires a 30 foot building line, therefore, it is not shown correctly on the exhibit. Mayor Pro Tem Taylor questioned Mr. Slover regarding his intent for the building line. Mr. Slover stated his intention is for a 30 foot building line with a nice brick entrance to be very similar to the developments along L.D. Lockett Road. Councilmember Mogged questioned staff regarding if there is a need to review the Master Plan, since the Planning and Zoning Commission made a recommendation based on the rules set forth in the Master Plan. Director Ruthven stated the :.„ .<.. ,•,, _,. -- .: 'gym �\':aa� l ' �^ xF ! s 3 « ._,g:gib;. ����• ,"' ref€ .:, i,•-<., �; r;....... - City Council Minutes November 19, 2013 Master Plan is currently under review, given the recent approval of the Comprehensive Plan update. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3688 Consideration of appointments to the Park Land Dedication Committee Mayor Pro Tem Taylor read Resolution R-13-3688 in its entirety. City Secretary Amy Shelley presented this item and briefed the City Council. Mayor Pro Tern Taylor opened the public hearing at 8:51 p.m. There was no one present wishing to speak and Mayor Pro Tern Taylor closed the public hearing at 8:51 p.m. Councilmember Hall moved to approve Resolution R-13-3688. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart Absent: 1 - Mayor David Kelly 7b Resolution R-13-3689 A resolution casting votes for electing members to the Tarrant Appraisal District Board of Directors Mayor Pro Tern Taylor read Resolution R-13-3689 in its entirety. City Manager Jennifer Fadden presented this item and briefed the City Council. Mayor Pro Tern Taylor opened the public hearing at 8:55 p.m. There was no one present wishing to speak and Mayor Pro Tern Taylor closed the public hearing at 8:55 p.m. Councilmember Wollin moved to approve Resolution R-13-3689 with all 23 ballots to be cast for Mr. John Eubanks. Councilmember Mogged seconded the motion. The motion to approve carried by the following vote: City Council Minutes November 19, 2013 Aye: 6 - Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Torn Hart Absent: 1 — Mayor David Kelly 7c Resolution R-13-3690 Approval to pass through a water and sewer rate increase received by the City of Colleyville from the Trinity River Authority Mayor Pro Tern Taylor read Resolution R-13-3690 in its entirety. Assistant City Manager and Chief Financial Officer Terry Leake presented this item and briefed the City Council. Mayor Pro Tem Taylor opened the public hearing at 9:04 p.m. There was no one present wishing to speak and Mayor Pro Tern Taylor closed the public hearing at 9:04 p.m. Councilmember Hart moved to approve Resolution R-13-3690. Mayor Pro Tern Taylor seconded the motion. The motion to approve carried by the following vote: Aye: 6 - Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Torn Hart Absent: 1 — Mayor David Kelly 7d Resolution R-13-3691 Approval of changing the dates of the May 20, August 5, October 7, and November 4, 2014 regular City Council meetings Mayor Pro Tern Taylor read Resolution R-13-3691 in its entirety. City Secretary Amy Shelley presented this item and briefed the City Council. Mayor Pro Tern Taylor opened the public hearing at 9:08 p.m. There was no one present wishing to speak and Mayor Pro Tem Taylor closed the public hearing at 9:08 p.m. Councilmember Short moved to approve Resolution R-13-3691. Councilmember Hall seconded the motion. City Council Minutes November 19, 2013 The motion to approve carried by the following vote: Aye: 6 - Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Torn Hart Absent: 1 - Mayor David Kelly 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak regarding this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR NOVEMBER 19, 2013 - Reading and Public Hearing - Resolution R-13-3692 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Councilmember Mogged moved to adjourn, and Councilmember Hart seconded the motion. The motion carried with the following vote: Aye: 6 - Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart Absent: 1 - Mayor David Kelly Mayor Pro Tem Taylor adjourned the City Council meeting at 9:09 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 3RD DAY OF DECEMBER 2013. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary