HomeMy WebLinkAboutCity Council-Minutes-11/12/2013 (2) 9 ` } "F City of Colleyville
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COLLEYVILLE City Council and 100 Main Street
Y Colleyville,Texas 76034
p Colleyville Sidewalks 817.503.1000
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Committee Joint
Worksession
Agenda
Tuesday, November 12, 2013 Executive Conference Room
6:00 p.m. Third Floor - City Hall
1. CALL TO ORDER
2. 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
3. PRESENTATION AND DISCUSSION
3a Presentation and discussion of the Colleyville sidewalk policy
4. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
5. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday,
N ve er 8, 2013 by 5:00 p.m.
1
Amy h Hey, TRM
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
COLLEYVILLE 100 Main Street
Colleyville, Texas 76034
=.,�� Colleyville City Council 817. 503.1000
; ;- ` \ www.colleyville.com
and Colleyville Sidewalks
Committee Joint
Worksession
MINUTES
Tuesday, November 12, 2013 Executive Conference Room
6:00 p.m. Third Floor, City Hall
Mayor David Kelly called the Colleyville City Council and Colleyville Sidewalks
Committee Joint Worksession to order on November 12, 2013, at 6:08 p.m. and
called the City Council roll.
ROLL CALL CITY COUNCIL: Mayor David Kelly, Mayor Pro Tem Mike Taylor,
Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart.
Chair Jeffrey Ground called the Colleyville Sidewalks Committee roll.
ROLL CALL COLLEYVILLE SIDEWALKS COMMITTEE: Chair Jeffrey Ground, Vice
Chair Joy Lee, member Luann Edwards. Members Kathryn Howlett and Ida Munson
joined the meeting late.
City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, Public Works Director Bob Lowry, City Engineer Jeremy Hutt,
Management Analyst James Hubbard, Community Development Director Ron
Ruthven, Communications and Marketing Director Mona Gandy, Assistant City
Attorney Matt Butler, and City Secretary Amy Shelley were also present.
2. 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
There was no discussion on this item.
3. PRESENTATION AND DISCUSSION
3a Presentation and discussion of the Colleyville sidewalk policy
City Engineer Jeremy Hutt presented this item to the City Council and Colleyville
Sidewalks Committee.
Colleyville City Council and Minutes November 12, 2013
Colleyville Sidewalks
Committee Joint Worksession
Engineer Hutt questioned City Council and the Colleyville Sidewalks Committee
regarding what they feel the term a "walkable community" means. The group
responded with: safely being able to get to and from school and to retail, safety,
recreational opportunities, a way to be healthy, another mode of transportation,
being able to get around the community, rather than driving, and attraction to the
Colleyville community.
Committee member Edwards stated she would like to see areas to be able to walk
within the business district.
Councilmember Hart stated the streets are for car traffic, and more and more cars
are environmentally friendly, therefore, they are quiet and hard to hear when you are
walking in the streets.
Mayor Pro Tem Taylor stated the generational shifts change the dynamics of mobility.
Discussion: New development in a new subdivision, with improved streets -
Councilmember Mogged stated new development, in a new subdivision, with
improved streets is the way to go, since it is less of an impact.
Mayor Kelly stated it will depend on the need from the citizens for those particular
neighborhoods, whether or not they want the sidewalks.
Chairman Ground questioned staff regarding why the sidewalks are not included in
the acceptance of public improvements, such as a water or sewer line. Engineer Hutt
replied there are times, in a smaller lot subdivision, when the driveway placement
has an impact on the sidewalk placement and because the driveway is typically the
last piece to be constructed. He added that if it were to be accepted like the public
improvements, the sidewalk could become damaged during the construction phases.
Councilmember Short questioned staff regarding what happens when development
slows down. Engineer Hutt replied gaps will occur with the sidewalks. Committee
member Edwards added that in those instances, the Sidewalk Committee will ask for
those sections to be completed.
Mayor Kelly questioned staff regarding how other cities put in the sidewalks. Director
Lowry replied the builder will construct the sidewalk.
Councilmember Hart stated he is not going to go to another neighborhood to walk,
it's their neighborhood. He stated he is not sure why the City would have to
construct it for them.
Colleyville City Council and Minutes November 12, 2013
Colleyville Sidewalks
Committee Joint Worksession
Mayor Kelly stated there are always going to be those cases. Engineer Hutt stated
there are instances when the owner will purchase the adjacent lot, and never
construct the sidewalk on it.
Committee member Edwards stated the HOAs should address those issues in their
covenants and restrictions.
Councilmember Mogged stated the resident may have to walk in the street to get
around that gap in the sidewalk, in the interim.
Councilmember Short questioned staff regarding if the current requirement is that
there must be sidewalks on all streets. Engineer Hutt replied the sidewalk map is
followed, unless they request a waiver.
Mayor Kelly stated people find sidewalks inviting, in other words, they will pick
Colleyville over another community.
Councilmember Short questioned staff regarding the width of a sidewalk required in a
new development. Director Lowry stated the widths vary between four and six feet.
Councilmember Short stated a four foot sidewalk is tight when walking side-by-side.
Engineer Hutt stated in a new development, the sidewalks should be built at the time
the subdivision is actually built.
Mayor Pro Tem Taylor stated there are issues with constructing the sidewalk at a later
time, if not constructed at the time the neighborhood is constructed.
Mayor Kelly stated having concerns for double hitting the builders, in other words, he
is paying for the lot and now he has to build a sidewalk that the developer should
have built.
Councilmember Short stated there should be some sort of timeframe established,
either built with the homes or prior to the homes being constructed.
Committee member Edwards stated it should be done prior to the HOA taking over
the neighborhood.
Mayor Kelly stated staff will research this further. Staff concurred.
Mayor Pro Tern Taylor stated the policy needs to be discussed and decided.
Director Lowry replied the policy question is whether or not the City wants sidewalks
everywhere or only in selected locations. He added he believes with new
Colleyville City Council and Minutes November 12, 2013
Colleyville Sidewalks
Committee Joint Worksession
developments, the City would like either the builder or the developer to build the
sidewalk.
Councilmember Short stated a new subdivision, with only five lots, may not need a
sidewalk.
Mayor Pro Tern Taylor stated both sides of the street, in that case, may not need
sidewalks. He added he does believe that in new developments, both sides of the
street will need sidewalks.
Committee member Howlett stated the policy needs to be kept uniform; otherwise it
makes the policy difficult to manage.
Councilmember Hall stated the question was do we want sidewalks everywhere or
not? He replied, yes, where it is feasible and practical.
Councilmember Mogged questioned staff if there are circumstances where the new
subdivision topography would not allow for a sidewalk. Engineer Hutt replied if a
roadway is constructed, then a sidewalk can be constructed.
Discussion: New development in an old subdivision, with unimproved streets -
Councilmember Mogged stated if the improvement of the street is not part of that,
then the sidewalk is a waste; simply just a cost burden.
Mayor Kelly stated this is a redevelopment area, therefore is having a sidewalk a
priority, maybe not putting it in all at one time, however, if funds are available, then
the entire neighborhood could be constructed.
Councilmember Mogged stated this would be an active approach versus a passive
approach. He stated the neighborhood wants the sidewalk for safety reasons. He
stated this is a common situation the City faces with tear down and rebuilds.
Engineer Hutt questioned the group regarding if it would matter if there was a plan in
place to update and/or improve the street. Councilmember Mogged replied yes.
Director Lowry stated all streets will have to be reconstructed, at some point in time.
Mayor Pro Tem Taylor stated the tear down and rebuilds are happening quite
frequently.
Councilmember Hall stated he would think having a sidewalk for this scenario, as an
example Curtis Road, would make it safer.
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Colleyville City Council and Minutes November 12, 2013
Colleyville Sidewalks
Committee Joint Worksession
Councilmember Short stated he likes the following of the map, but that it needs to be
revisited to be a little more selective.
Mayor Kelly stated the policy needs to be implemented so that we will know how to
implement the map. He stated prior to 2008, sidewalks were required with the
building of a home, with no thought about connectivity.
Committee member Edwards stated she would like to give those persons the option
of whether they want to build the sidewalk, or they have the option to escrow.
Councilmember Hall stated we are currently in that situation now. He added the
problem comes in with the tear down and rebuilds, and there are no sidewalks in the
neighborhood.
Mayor Pro Tern Taylor stated the builders, in some of those cases, stated they did not
know the sidewalk was required. Councilmember Hart stated staff has addressed this
situation.
Committee member Howlett stated if the policy states the sidewalk is required, but
they do not want to build the sidewalk, then the burden is on the City to decide
whether or not the sidewalk is built. Councilmember Hall stated that is how it is now.
Mayor Kelly stated there are going to be periods of non-connectivity, but a policy
needs to be in place to address those situations.
Director Lowry stated Colleyville is unique in that the escrow money can be spent
within a neighborhood district.
Councilmember Mogged questioned staff regarding why the sidewalk is treated
differently than the street, from an equity standpoint. Director Lowry explained the
priority in which the streets are constructed or re-constructed.
Mayor Pro Tern Taylor stated he believed both sides of the street required a sidewalk.
Councilmember Short questioned staff regarding a sidewalk fee. Assistant City
Attorney Matt Butler stated at that point it would seem like an impact fee.
Mayor Kelly questioned the group regarding if having a patchwork design of sidewalks
is acceptable or do we want to do it all at once, like Colleyville Terrace.
Mayor Pro Tern Taylor stated there have been instances when the builder said he did
not know a sidewalk was required.
Colleyville City Council and Minutes November 12, 2013
Colleyville Sidewalks
Committee Joint Worksession
Mayor Kelly stated the communication gap happened between the permit "puller" and
the actual builder.
Councilmember Short stated the inequities come in when there is a sidewalk required
for one side of the street versus the other and those homeowners are escrowing for a
sidewalk or constructing a sidewalk, for the neighborhood, yet the person across the
street did not have to do so. He stated a fee being assessed across the board for
sidewalks may help this.
Councilmember Wollin stated it looks better if the sidewalks are all done at the same
time.
Committee member Edwards questioned the group regarding if the policy is to not
ask for them to build it, but to escrow for the sidewalk. Councilmember Short replied
yes.
Director Lowry replied the escrow money is tracked for every property in the City.
Engineer Hutt stated equality seems to be the one thing that sticks with this
discussion.
Discussion: Concerns for right-of-way -
Committee member Edwards stated it will take special effort to deal with these
particular circumstances, and the policy should allow for those conditions.
Mayor Pro Tem Taylor stated that is what ZBA is there for, to take care of those
special circumstances.
Committee member Howlett stated it could be called a policy/partnership to keep the
community happy and solve these issues.
Engineer Hutt questioned the group regarding if these examples are something that
can be decided at the staff level? The group concurred, as long as the policy is
adhered to.
Engineer Hutt questioned the group regarding if the policy can be the guideline, or
does the request need to go to City Council?
Councilmember Hart questioned if there is an option to appeal staff's decision.
Engineer Hutt replied yes, but that there is no leeway outside of the map.
Mayor Pro Tern Taylor stated the accountability needs to be addressed.
Colleyville City Council and Minutes November 12, 2013
Colleyville Sidewalks
Committee Joint Worksession
Committee member Howlett stated the escrow can be non-refundable.
Engineer Hutt stated there could be an acknowledgment form signed.
Mayor Pro Tern Taylor stated he would like for it to be easier on staff to help them do
their job.
Director Lowry stated if the policy is clear, then it will be much easier for staff to
follow.
Councilmember Hart stated making it easier on staff would make more sense.
Committee member Edwards stated when Black Drive is improved, the roadway may
shift.
City Manager Jennifer Fadden questioned the group regarding the preference of
whether to escrow or to build the sidewalk. Mayor Kelly stated the sidewalk should
be built first, or escrowed.
Mayor Pro Tem Taylor stated he wants to ensure that this is not retroactive; this is a
forward moving process.
Committee member Howlett stated the connectivity should make more sense, rather
than whether or not there is a sidewalk in that area. She stated the big picture
should be considered rather than a particular neighborhood. She added, the City
should be built around the vision and the policy should reflect connectivity.
Discussion: Developed neighborhoods, with improved streets, without sidewalks -
Councilmember Wollin stated this exact situation is happening in the Lakes of
Somerset, the final lot is being built after 20 years of being vacant.
Councilmember Mogged stated we may not want to burden the new development to
fund the connectivity.
Committee member Edwards questioned if older neighborhoods have asked for
sidewalks. Engineer Hutt replied yes, Colleyville Terrace.
Mayor Kelly stated there are options available for an HOA who did not intend to have
sidewalks.
Councilmember Hall stated there are situations in which homeowners do not
participate in an HOA, and they want a sidewalk on one side or the other, do we want
to ask the homeowners to contribute to a sidewalk. Engineer Hutt stated that would
Colleyville City Council and Minutes November 12, 2013
Colleyville Sidewalks
Committee Joint Worksession
be an active approach and there are also cost share mechanisms in place, if this is
the way in which they want to go. Director Lowry stated this is a policy issue.
Councilmember Short stated there are potential issues with refunding the escrow.
Councilmember Hall stated equity should be considered with this policy.
Committee member Howlett questioned staff regarding if priorities can be established
with each street. Director Lowry stated improved streets are those with curbs and
gutters, and unimproved streets are without curbs and gutters.
Discussion: Unimproved streets with bar ditches -
Mayor Kelly stated the policy could state that staff could determine an escrow could
be required rather than to construct the sidewalk.
Discussion occurred regarding why the bar ditch streets are included on the map and
who is responsible for constructing a sidewalk and repair the drainage.
Committee member Edwards stated staff can handle this situation like the right-of-
way is going to be handled.
Committee member Howlett stated the width should determine whether or not it is a
sidewalk or a trail.
Councilmember Mogged questioned the Committee regarding the Five Year Capital
Improvement Program (CIP). Chairman Ground stated the Committee has not seen
the plan, however, Engineer Hutt has explained the plan to the Committee.
Meeting recap:
Councilmember Mogged questioned staff regarding the timeframe for initiating this
policy. Director Lowry stated the concept behind the CIP is that it is a comprehensive
document for all capital improvements and when the streets are reconstructed, the
sidewalks will be constructed at that time. He stated the Sidewalk Committee is to
focus on the missing links, rather than waiting on the street to be reconstructed.
Councilmember Mogged stated the Sidewalk Committee is to concentrate on the
connectivity and where is makes sense.
Chairman Ground stated the funding was depleted on projects. He stated it makes
sense that sidewalks are included in the capital improvement projects, which are
established and prioritized by the City.
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Colleyville City Council and Minutes November 12, 2013
Colleyville Sidewalks
Committee Joint Worksession
Mayor Kelly stated the criteria would need to be established with the funding
available.
Councilmember Hall questioned staff if they have enough information to move
forward? Engineer Hutt replied yes, and staff will draft a policy and/or procedure.
Mayor Pro Tern Taylor questioned staff regarding the equipment used to grind the
concrete. Engineer Hutt and Director Lowry explained the methods used to grind the
concrete.
Mayor Pro Tern Taylor questioned staff regarding sections in Cranbrook. Director
Lowry replied without knowing the specifics, the contractor used a different method
rather than grinding.
Councilmember Hart stated we may need to revisit this subject to find out the next
steps.
Mayor Kelly questioned staff regarding the next steps. Director Lowry stated they will
bring a document back for adoption, and the Sidewalks Committee will likely see it
first.
4. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There was no discussion on this item.
5. ADJOURNMENT
There being no further business before the City Council and Colleyville Sidewalks
Committee, Mayor Kelly adjourned the meeting at 8: 18 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:
4 tail,
Amy Shelley, TRMC
City Secretary
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