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HomeMy WebLinkAboutCity Council-Minutes-12/3/2013City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, December 3, 2013 City Council Chambers HOLIDAY TREE LIGHTING - IN FRONT OF CITY HALL - 5:30 P.M. PRE COUNCIL MEETING EXECUTIVE SESSION 6:00 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion regarding the 2014 citizen survey final instrument PC-2 Discussion of City Council replacement laptops PC-3 Discussion of the distribution of agenda packets for public meetings PC-4 Discussion of the December 3, 2013, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney regarding pending litigation - Moxie Pest Services - Dallas, LLC v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding solicitor ordinance Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities 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 December 3, 2013 City of Colleyville Page 2 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Ricky Texada, Colleyville Covenant 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-13-3693 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-13-3694 4a Approval of the minutes of the regular City Council meeting of November 19, 2013 4b Approval of the minutes of the Joint City Council and Colleyville Economic Development Corporation Board worksession of November 12, 2013 4c Approval of the minutes of the Joint City Council and Colleyville Sidewalks Committee worksession of November 12, 2013 4d Approval of an Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for the funding of the intersection improvement at Jackson Road and Cheek-Sparger Road, and authorize the city manager to execute the agreement 4e Approval of a Funding Agreement with the State of Texas, the City of Colleyville, and the North Central Texas Council of Governments, for the Pleasant Run Pathway Project that will be constructed in conjunction with the Pleasant Run Road Improvement Project, and authorize the city manager to execute the agreement 4f Approval of an amendment to the 2012 Sidewalk Construction Program 4g Approval of a Depository Pledge Agreement with Wells Fargo Bank, National Association and The Bank of New York Mellon Trust Company, National Association, and authorize the city manager to execute the agreement City Council Agenda December 3, 2013 City of Colleyville Page 3 4h Approval to nominate Mayor David Kelly to serve on the North Central Texas Council of Governments (NCTCOG) Emergency Preparedness Planning Council (EPPC) 5. ORDINANCE(S): CONTINUED: READING AND PUBLIC HEARING 5a Ordinance O-13-1887 Consideration of a request for a zoning change from PUD-C-Planned Unit Development Commercial to PUD-R-Planned Unit Development Residential, on 1.82 acres on Lot 1, Block 1, of the San Bar Square Addition, located at 105 Cheek-Sparger Road, Case ZC13-008 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-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. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-13-1898 Consideration of a request for a Special Use Permit for a carport on Lot 14, Block 7, of the Oak Crest Hill Addition, located at 313 Oak Crest Hill Drive, Case ZC13-016 7b Ordinance O-13-1899 Consideration of a request for a zoning change from AG-Agricultural to PUD-R-Planned Unit Development Residential on 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue; and a request for approval of an amendment to the PUD-R-Planned Unit Development Residential zoning and development requirements on 108.5 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 ZC13- 017 7c Ordinance O-13-1900 Consideration of a request for an amendment to the Special Use Permit for a Package Store development requirements for Lot 2, Block 1, of the Glade Points Addition, located at 4200 Glade Road, Case ZC13-018 City Council Agenda December 3, 2013 City of Colleyville Page 4 7d Ordinance O-13-1901 Approval of amendments to Chapter 13 - Impact Fees of the Land Development Code 7e Ordinance O-13-1902 Approval of amendments to the Code of Ordinances Chapter 70, Article II, Section 70-28, Relating to Home Solicitation, Distribution, and Miscellaneous Sales 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-13-3695 Authorizing the issuance of Colleyville Economic Development Corporation (CEDC) Refunding Sales Tax Subordinate Lien Revenue Bonds, Series 2013 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 3, 2013 - Reading and Public Hearing - Resolution R- 13-3696 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Wednesday, November 27, 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 City Council Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, December 3, 2013 City Council Chambers Mayor and City Councilmembers participated in the Holiday Tree Lighting held in front of City Hall at 5:30 p.m. Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on December 3, 2013, at 6:00 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, Planning and Development Coordinator Mary Elliott, Communications and Marketing Director Mona Gandy, Parks Superintendent Tim Hightshoe, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. PC-1 Discussion regarding the 2014 citizen survey final instrument City Manager Jennifer Fadden presented this item and briefed City Council. Mayor Pro Tem Taylor questioned staff regarding questions for traffic infrastructure. City Manager Jennifer Fadden stated page 1 of the survey includes questions related to transportation. She added it is a little more specific than the questions previously asked about transportation in the 2010 and 2012 surveys. Mayor Pro Tem Taylor stated he would like questions that allow for specific guidance. Councilmember Mogged stated he liked the fact that the survey can be specific to a neighborhood. He added he would like questions that allow for citizens to give feedback about items such as sidewalks and/or trails. Councilmember Wollin questioned staff regarding if citizens indicate which neighborhood they live in when they fill out the survey. City Manager Jennifer City of Colleyville Page 1 City Council Minutes December 3, 2013 Fadden replied we have asked for a geographic breakdown using the recycling days. Mayor Pro Tem Taylor stated having concerns for citizens with specific requests within their neighborhood, and their expectation of the City fulfilling those requests, given the limited resources available. Councilmember Mogged stated it is good to know of the troubled areas or issues, however, we may not have a solution for those issues. Mayor Kelly stated it is good to be made aware of those situations. City Manager Jennifer Fadden stated to address those situations, it helps to prioritize the needs. Councilmember Wollin stated being in favor of leaving the neighborhood traffic question open, rather than specific. Mayor Pro Tem Taylor stated most times people will allow their own solutions for such. Mayor Kelly stated this survey is for the community overall. Mayor Pro Tem Taylor stated the question numbered 13b could be specific to a neighborhood since the question asks about “your neighborhood.” City Manager Jennifer Fadden stated the neighborhood could be specific in all of question number 13. Councilmember Short questioned staff regarding if there are questions about how to pay for those additional wants. City Manager Jennifer Fadden stated nothing in the context of “are you willing to pay more?” has been asked within the 2010 and 2012 surveys. Councilmember Short stated there are options for their top three priorities. Mayor Pro Tem Taylor stated not knowing that people are aware of the money needed for such requests. Councilmember Hart stated section 3 addresses this issue and citizens do not want their taxes to increase. Councilmember Short stated people have varying opinions on their needs. Mayor Pro Tem Taylor stated the City is very transparent, yet citizens state they do not know what is happening within the City. Mayor Pro Tem Taylor stated another survey could be done for more specific items of interest, if there is a need for such. City of Colleyville Page 2 City Council Minutes December 3, 2013 Mayor Kelly stated the needs far outweigh the resources available. He stated he believes people understand that. Councilmember Wollin stated there is no room for open-ended questions for items that may not be included in the survey. Councilmember Mogged stated it appears open ended questions are more at the end of the question sections. Councilmember Short questioned staff regarding if the online version will allow for additional comments. City Manager Jennifer Fadden replied it is likely that it will allow for more comments since there is more room. PC-2 Discussion of City Council replacement laptops Information Systems Manager Chris Pena presented this item and briefed City Council. Councilmember Mogged stated the annotation ability is very important in preparing for the agendas. He questioned staff regarding if there will be the ability to access annotation, like with a touch screen and stylus. He stated he cannot do note taking on the computer he currently has. Mayor Kelly questioned staff regarding if applications are available for writing on the screen itself. Manager Pena stated there are applications available for such annotation and note taking, and training will be available for those applications, as needed. Councilmember Hall questioned staff regarding a stylus. Manager Pena stated it is a devise used to touch the computer screen, and it is used for writing. Mayor Kelly stated he sometimes prints several pages of the packet, of which he has an interest or questions, and will mark on those pages. Mayor Pro Tem Taylor stated the touch screens are far more efficient than paper copies. Councilmember Mogged concurred and stated the iPad would suffice. Mayor Pro Tem Taylor stated the training needs to be specific to how City Council will use Adobe versus what features Adobe offers. Mayor Pro Tem Taylor stated each Councilmember should have their own folder on the cloud to store all City Council related items. Councilmember Hall stated whatever is chosen, there has to be enough memory so that it works and does not stall. Councilmember Hall stated he will not print paper copies at home. City of Colleyville Page 3 City Council Minutes December 3, 2013 Mayor Pro Tem Taylor stated it should not be an issue as long as Wi-Fi is available. Mayor Pro Tem Taylor stated he would like to have the ability to see the high resolutions of all PDF documents and maps. Mayor Kelly stated a repository, such as a drop-box, can be used for all documents. Mayor Kelly questioned staff regarding if the public can request to inspect your computer. City Attorney Matthew Boyle replied the public can request to see every document on your computer, and then it would be upon staff to provide those documents that are available for public documents. Mayor Pro Tem Taylor questioned staff regarding if the devices were only used for City Council documents, how many GB would be used? Manager Pena stated no more than 16 GB. Mayor Kelly stated he would hate to go to the expense of getting too much memory, especially if it is not used. Mayor Pro Tem Taylor stated he does not want to change devices out each year. Councilmember Hart questioned staff regarding the consumer devices versus the business devices. Manager Pena explained the difference between the consumer and business devices, specifically related to the iPad and the Windows platform. Mayor Pro Tem Taylor questioned staff regarding the Windows platform; will there be software that will not work? Manager Pena replied no, he does not believe so. Councilmember Hart questioned staff regarding the screen size. Manager Pena replied they are all comparable in size. Councilmember Hart questioned staff regarding if the keyboard is backlit. Manager Pena replied some are backlit and others are not. He stated the iPad has accessories available. He stated the Surface Pro 2 is backlit. Mayor Pro Tem Taylor questioned staff regarding if the Surface Pro 2 has the ability to pinch and zoom with the touch screen. Manager Pena replied yes. Mayor Kelly stated with the Surface, the screen can be split so you can work on multiple pages. Manager Pena stated the option to bring your own device will still be an option. Councilmember Hart stated the current devices are heavy. Mayor Pro Tem Taylor stated the options to zoom are now available. City of Colleyville Page 4 City Council Minutes December 3, 2013 Councilmember Mogged questioned staff regarding if the next steps would be to let Manager Pena know what is needed. Mayor Kelly concurred. Councilmember Wollin stated she files her packets and notes for each meeting, and she wants it easy and accessible. Mayor Pro Tem Taylor stated he would like the other committees to be paperless as well. Mayor Kelly questioned staff regarding how the Planning and Zoning Commission and the Zoning Board of Adjustment receive its packets. City Secretary Amy Shelley replied the Planning and Zoning Commission receives an email copy, as well has a hand delivered paper copy; and the Zoning Board of Adjustment receives an email copy, however, they request a paper copy at the meeting. Mayor Kelly stated the device could be ready and waiting for them at the meeting, if the City provides the device for the meeting. Mayor Pro Tem Taylor stated the Planning and Zoning Commission, especially, needs a device to view their packets. He stated committee members could also bring their own device. Councilmember Mogged stated the other committees would also need the annotation software. He stated it could be added to their training. City Manager Jennifer Fadden stated if the policy is that we are a paperless City, then the application for a board, commission, or a committee could give people notice up front that they will need to bring their own device to a meeting. Mayor Kelly stated, right now, having a device for the meeting, is the ultimate need. Mayor Pro Tem Taylor questioned staff regarding why the monitors in the Council Chambers are not touch screen. Manager Pena explained the reasoning for using the monitors versus the touch screens. Mayor Pro Tem Taylor stated the members could log on and access their folder on the cloud and save their information to that folder. Mayor Kelly stated the device could be at the dais ready to be used for the meeting since the packet is already emailed to them. He stated staff will have to get the devices ready for the meetings. Councilmember Mogged suggested having a meeting with some of the other committee members to see if they are good with this. City of Colleyville Page 5 City Council Minutes December 3, 2013 Mayor Kelly stated City Council should be done first, and then we can implement what will be done with the other committees. Mayor Pro Tem Taylor stated the process should be streamlined and paper copies should not be printed. He added, each member, City Council included, should have their own repository. He added other City Councils are doing this quite effectively. Manager Pena stated he will look at touch screens for the dais. He questioned City Council regarding which device they would prefer. Councilmembers replied with the Windows Pro. Councilmember Mogged stated he would like to visit with Manager Pena. PC-3 Discussion of the distribution of agenda packets for public meetings Mayor Kelly stated staff will work toward being digital on everything, with the ability to annotate. He stated there may be special instances when larger copies will need to be printed, such as maps. PC-4 Discussion of the December 3, 2013, City Council regular agenda items Mayor Kelly stated after the Consent item, he will go to item 8a. He added after agenda item 6a, he will then move to 7c. Councilmember Hall questioned Mayor Kelly regarding if item 5a will need to be removed from the table. Mayor Kelly replied no, it is a continued item. Mayor Kelly adjourned the Pre Council meeting at 7:23 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:54 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, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Planning and Development Coordinator Mary Elliott, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 6 City Council Minutes December 3, 2013 Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney regarding pending litigation - Moxie Pest Services - Dallas, LLC v. City of Colleyville Section 551.071 - Legal - Consultation with attorney regarding solicitor ordinance Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities 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 7:23 p.m. and reconvened at 7:24 p.m. INVOCATION: Pastor Kerry Reynolds, Colleyville Covenant 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-13-3693 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly announced the Holly Colley Holiday event to be held on Friday, December 6, 2013 at Colleyville Center from 4:30 – 8:30 p.m. City of Colleyville Page 7 City Council Minutes December 3, 2013 Councilmember Mogged announced the Lions Club annual Breakfast with Santa event to be held on Saturday, December 7, 2013 at Colleyville Center from 7:00 – 11:00 a.m. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3694 4a Approval of the minutes of the regular City Council meeting of November 19, 2013 4b Approval of the minutes of the Joint City Council and Colleyville Economic Development Corporation Board worksession of November 12, 2013 4c Approval of the minutes of the Joint City Council and Colleyville Sidewalks Committee worksession of November 12, 2013 4d Approval of an Advance Funding Agreement with the Texas Department of Transportation (TxDOT) for the funding of the intersection improvement at Jackson Road and Cheek-Sparger Road, and authorize the city manager to execute the agreement 4e Approval of a Funding Agreement with the State of Texas, the City of Colleyville, and the North Central Texas Council of Governments, for the Pleasant Run Pathway Project that will be constructed in conjunction with the Pleasant Run Road Improvement Project, and authorize the city manager to execute the agreement 4f Approval of an amendment to the 2012 Sidewalk Construction Program 4g Approval of a Depository Pledge Agreement with Wells Fargo Bank, National Association and The Bank of New York Mellon Trust Company, National Association, and authorize the city manager to execute the agreement 4h Approval to nominate Mayor David Kelly to serve on the North Central Texas Council of Governments (NCTCOG) Emergency Preparedness Planning Council (EPPC) Mayor Kelly read Resolution R-13-3694 in its entirety. Mayor Kelly opened the public hearing at 8:01 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:01 p.m. City of Colleyville Page 8 City Council Minutes December 3, 2013 Mayor Kelly questioned staff regarding item 4d, what is the timing on this project. City Engineer Jeremy Hutt replied the construction is scheduled to begin January 6, 2014, with an approximate five-month construction timeframe. Councilmember Wollin moved to approve Resolution R-13-3694. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart Councilmember Wollin thanked Mayor Kelly for his service on the North Central Texas Council of Governments (NCTCOG) Emergency Preparedness Planning Council (EPPC). 5. ORDINANCE(S): CONTINUED: READING AND PUBLIC HEARING 5a Ordinance O-13-1887 Consideration of a request for a zoning change from PUD-C-Planned Unit Development Commercial to PUD-R-Planned Unit Development Residential, on 1.82 acres on Lot 1, Block 1, of the San Bar Square Addition, located at 105 Cheek-Sparger Road, Case ZC13-008 Mayor Kelly read the caption of Ordinance O-13-1887. Community Development Director Ron Ruthven presented this item and briefed City Council. Mayor Kelly opened the public hearing at 8:29 p.m. Steve Isbell, applicant, presented this item and briefed City Council. Claudia Bevill, 119 Cheek-Sparger Road, spoke in opposition to this request with concerns for density, open space, and drainage. The following persons did not wish to speak, but registered their opposition to this request: Daniel Morrison, 123 Felps Court; and James Bevill, 119 Cheek-Sparger Road. There were no others wishing to speak and Mayor Kelly closed the public hearing at 8:40 p.m. Mayor Pro Tem Taylor stated having concerns for the right-of-way to be considered as part of the open space percentage, and stated not being comfortable with the proposed density. City of Colleyville Page 9 City Council Minutes December 3, 2013 Councilmember Wollin stated being conflicted with the density, open space, and right-of-way usage of this proposed development. Mayor Kelly questioned staff regarding if the current zoning requires a landscape buffer. Director Ruthven replied it is required to have a landscaped buffer planted with evergreen shrubs that will grow to be six feet within two years. Mayor Kelly questioned staff regarding if the subject property is required to have open space. Director Ruthven replied it is required to have 20 percent open space. Mayor Kelly questioned staff regarding if a two-story building, with windows all around, could be constructed. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if a building could be constructed adjacent to the residents. Director Ruthven replied yes, however, there would be a 25 foot setback. Mayor Kelly questioned staff regarding if the ditch area would be required to be maintained. Director Ruthven replied it would be required to be clear and free of debris. Mayor Kelly questioned staff regarding if the property were to be straight zoned for residential, would there be any tree buffer or open space requirements? Director Ruthven replied no. Mayor Kelly questioned staff regarding if the homes could be two-story, given the previous question. Director Ruthven replied the homes could be 3 ½ stories in height. Mayor Kelly questioned staff regarding the side yard setbacks with a straight zoned residential property. Director Ruthven stated with an R20-Single Family Residential zoning district, the side yard setback would be 10 feet. Mayor Kelly questioned staff regarding the bar ditch area with a straight zoned residential property, would it have to be maintained? Director Ruthven replied it would depend if the property is replatted; there would be potential that the bar ditch area would have to be maintained. Mayor Kelly stated the proposed development gives an opportunity to make the best use of this property. Mayor Kelly questioned Mr. Isbell regarding the average lot size. Mr. Isbell replied 7,400 square feet. City of Colleyville Page 10 City Council Minutes December 3, 2013 Mayor Kelly stated he would prefer seven lots versus eight; however, the lots have been made larger so that they do not seem so dense. Councilmember Mogged stated having concerns for the density of this development. Mayor Kelly questioned Mr. Isbell regarding the density of the development. Mr. Isbell stated originally they had proposed nine lots and have since reduced it to eight lots. He stated he has worked with the neighbors in this area to make it a better development, to meet their wants and desires. Mayor Kelly questioned staff regarding the options for this request; City Council can approve as requested with amendments, deny as requested, or approve with a lower density. City Attorney Matthew Boyle stated all options are available. Mark Howe, applicant, came forward and stated if this project is approved, with slight modifications, they are willing to listen to those requests; however, if the desire is to approve with a lesser density, then he stated he would not want to move forward. Mayor Kelly questioned staff regarding if an approval is made with a lesser density, does it matter if the property is currently under contract. City Attorney Matthew Boyle replied the decisions made by City Council would be binding on the subject property, regardless of any contractual status. Mayor Pro Tem Taylor stated the property owner would not want this to move forward and be rezoned given these circumstances. Mr. Howe concurred. Councilmember Hart moved to deny Ordinance O-13-1887. Councilmember Wollin seconded the motion. Mayor Pro Tem requested an amendment to the motion being denied without prejudice. Both agreed on the amendment. The motion to deny without prejudice carried by the following vote: Aye: 6 – Mayor Kelly, Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, and Tom Hart Nay: 1 – Councilmember Jody Short 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance O-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 City of Colleyville Page 11 City Council Minutes December 3, 2013 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 Kelly read the caption of Ordinance O-13-1897. There was no additional information provided by neither staff nor the applicant for this second reading. Mayor Kelly opened the public hearing at 9:00 p.m. The following person did not wish to speak, but registered his support to this request: Eddy Ray Parker, Jr. for Eddy Ray Parker, Sr., 411 Pebble Way #147, Arlington, Texas, 76006. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 9:01 p.m. Mayor Pro Tem Taylor moved to approve Ordinance O-13-1897. Councilmember Hart seconded the motion. The motion to approve carried by the following vote: Aye: 7 – Mayor Kelly, Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a Ordinance O-13-1898 Consideration of a request for a Special Use Permit for a carport on Lot 14, Block 7, of the Oak Crest Hill Addition, located at 313 Oak Crest Hill Drive, Case ZC13-016 Mayor Kelly read the caption of Ordinance O-13-1898. Planning and Development Coordinator Mary Elliott presented this item and briefed City Council. Mayor Kelly opened the public hearing at 9:12 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 9:12 p.m. Mayor Kelly questioned staff regarding the carport shown on the exhibit. Coordinator Elliott replied this is only an example of a carport the homeowner wishes to construct. City of Colleyville Page 12 City Council Minutes December 3, 2013 Leslie Norman, homeowner, presented this item and briefed City Council. Mayor Kelly questioned Ms. Norman regarding if the carport will be painted to match the existing home. Ms. Norman replied no, it will remain a natural cedar wood. Mayor Pro Tem Taylor questioned Ms. Norman regarding if she will be putting brick on the columns. Ms. Norman replied she would not mind putting brick around it; however, it will be difficult to match the bricks since the home was constructed in the 60’s. Mayor Kelly questioned Ms. Norman regarding if the carport will be attached to the home, on one side. Ms. Norman replied yes. Mayor Pro Tem Taylor questioned Ms. Norman regarding the size of the carport. Ms. Norman stated she provided a visual representation of what she is proposing, however, it is not the exact carport she would like to construct. Mayor Kelly questioned staff regarding the Planning and Zoning Commission recommendation. Coordinator Elliott replied no changes were requested to be made by the Planning and Zoning Commission and there were no neighbors in opposition to this request. Mayor Kelly questioned staff regarding if an actual pavilion was to be constructed, in the 20 by 20 space, would it have to be bricked? Director Ruthven stated a carport is used to store vehicles, and carport provisions are made for those that extend beyond the front setback of the home, however, in this case, the structure will be entirely behind the home and not visible by road traffic. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. 7b Ordinance O-13-1899 Consideration of a request for a zoning change from AG-Agricultural to PUD-R-Planned Unit Development Residential on 4.4 acres located in the Jesse Doss Survey at the northwest corner of Cheek-Sparger Road and Heritage Avenue; and a request for approval of an amendment to the PUD-R-Planned Unit Development Residential zoning and development requirements on 108.5 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 ZC13-017 Mayor Kelly read the caption of Ordinance O-13-1899. City of Colleyville Page 13 City Council Minutes December 3, 2013 Community Development Director Ron Ruthven presented this item and briefed City Council. Mayor Kelly opened the public hearing at 9:27 p.m. Curtis Young, Sage Group, and Brett Pedigo, Terra Manna, presented this item and briefed City Council. Mayor Kelly questioned Mr. Pedigo regarding fencing along the street side of the greenbelt area. Mr. Pedigo replied it will be fenced along the property line. Sharon Baron, 3402 Cambridge Court, spoke in opposition to this request with concerns for flooding and drainage. James Nichols, 3300 Cambridge Court, spoke in opposition to this request with concerns for flooding and drainage. Gary Malone, 4605 and 4609 Winewood Court, spoke in support of this request, and stated he would like the sidewalk waiver to remain in place. The following person did not wish to speak, but registered his opposition to this request: Doug Baron, 3402 Cambridge Court. There were no others wishing to speak and Mayor Kelly closed the public hearing at 9:45 p.m. Councilmember Hall questioned Mr. Young regarding if this will be a gated community. Mr. Young replied yes. Councilmember Hall questioned Mr. Young regarding if the far left, north entrance will be gated. Mr. Young stated that portion will connect with Phase I, and it will have a connection with a permanent gate, only for fire access to Prestwick Park. Councilmember Hall questioned Mr. Young regarding if the streets will be maintained by the homeowner associations, in both phases. Mr. Young replied yes. Mayor Kelly questioned staff regarding the original zoning request, and was there a certain amount of commercial on the southwest corner. Director Ruthven replied there was a commercial component, with an understanding that it would have to be incorporated into the PUD ordinance, if the City incorporated the property. Discussion occurred regarding the commercial acreage and the property incorporated from Euless, at the southwest corner of Heritage Avenue and Cheek- Sparger Road. City of Colleyville Page 14 City Council Minutes December 3, 2013 Mayor Kelly questioned staff regarding the flood area. Director Ruthven stated homes have to be constructed two feet above the base flood elevation; however, it would have to be approved by the federal government. Mayor Kelly questioned staff regarding if those would be approvals outside of the City’s approval. Director Ruthven concurred. City Engineer Jeremy Hutt stated any development would have to comply with the flood prevention ordinance. He stated if they chose to build, as proposed, a letter of map revision would have to be approved by the Federal Emergency Management Agency (FEMA). He further explained the difference between a floodway and a floodplain. Councilmember Short questioned staff regarding if some of the proposed lots are being proposed to be developed out of the floodway. Engineer Hutt replied he does not believe there is any proposed fill within the floodway. He stated yes, in the floodplain. Councilmember Mogged questioned staff regarding traffic along Cheek-Sparger Road and Heritage Avenue. Engineer Hutt stated it is one of the highest traffic areas along Cheek-Sparger Road. Councilmember Mogged questioned staff regarding the traffic flow if the commercial business fronts Heritage Avenue versus Cheek-Sparger Road. Engineer Hutt replied they will use the intersection versus driveway access. Councilmember Mogged questioned staff regarding the residential portion of the proposed development, would using Cheek-Sparger Road pose any issues? Engineer Hutt replied Cheek-Sparger Road will be conducive to this development, given there are no access conflicts. Councilmember Hall questioned staff regarding any road improvements along Cheek-Sparger Road. Engineer Hutt stated they have had discussions with the City of Bedford and there are some plans in the works. Discussion occurred between Mayor Pro Tem Taylor and Engineer Hutt regarding the delineations on the exhibit for the floodway and the floodplain. Engineer Hutt further explained the process in which the development can or cannot occur within the floodway and floodplain. Mayor Pro Tem Taylor questioned staff regarding the fencing along the floodplain. Engineer Hutt replied the pictures are of fences built in the floodplain, and the fences are designed to breakaway in the event of flooding. Mayor Pro Tem Taylor questioned Mr. Young regarding the proposed fencing in the development; is there going to be an eight foot masonry wall along Heritage City of Colleyville Page 15 City Council Minutes December 3, 2013 Avenue? Mr. Young replied yes, and further explained the fencing and walls within the development. Mayor Kelly stated there may be a City-Developer Agreement put in place to help with the improvements of the bridge. Mayor Kelly stated he would suggest putting funds in escrow for the proposed trail along Heritage Avenue, especially since the roadway is not improved. Mayor Pro Tem Taylor questioned Mr. Young regarding the plans for the remaining greenbelt. Mr. Young replied a large part is within the floodway and he further explained the adjacent land along the Euless side of Heritage Avenue. Mayor Pro Tem Taylor stated it would appear some participation could be received from Euless regarding improvements. Director Ruthven stated there is a proposed gas well site along the Euless side, which may be the only development along the southern portion. Mayor Kelly concurred with opportunities with other entities and regional partners. Councilmember Hart stated the sidewalk monies from the waivered portion could be used along the Heritage Avenue portion to finish the gap. Mayor Kelly questioned staff regarding the width of the sidewalk within the development. Director Ruthven stated it is required to be four foot in width. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. Mayor Kelly recessed the meeting at 10:19 p.m. Mayor Kelly resumed the meeting at 10:27 p.m. 7c Ordinance O-13-1900 Consideration of a request for an amendment to the Special Use Permit for a Package Store development requirements for Lot 2, Block 1, of the Glade Points Addition, located at 4200 Glade Road, Case ZC13-018 Mayor Kelly read the caption of Ordinance O-13-1900. Community Development Director Ron Ruthven presented this item and briefed City Council. Mayor Kelly opened the public hearing at 9:05 p.m. City of Colleyville Page 16 City Council Minutes December 3, 2013 Charlie Hall, 5606 Amador Trail, and 4200 Glade Road, presented this item and briefed City Council. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 9:06 p.m. Mayor Kelly questioned staff regarding monument signs. Director Ruthven explained the difference between monument signs and landmark signs. Councilmember Hart questioned staff regarding if this will be the only sign on the subject property. Director Ruthven stated the applicant has a wall sign on the building and he could place a monument sign closer to the access road, however, the purpose of a pole sign is so that the business can be seen from the freeway. Councilmember Short questioned staff regarding if this will restrict the sign to only the three foot by six foot size. Director Ruthven stated it will be restricted to the size shown, three foot by six foot. City Manager Jennifer Fadden questioned City Council for clarification regarding the placement and size of the proposed sign. She added that the ordinance speaks to the size of the pole sign, not to the placement of such. Councilmember Wollin stated she would like the addition to the proposed ordinance to reflect the placement of the proposed sign, so that it reflects the same as the exhibit shown. Mr. Hall concurred. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. 7d Ordinance O-13-1901 Approval of amendments to Chapter 13 - Impact Fees of the Land Development Code Mayor Kelly read the caption of Ordinance O-13-1901. Community Development Director Ron Ruthven presented this item and briefed City Council. Mayor Kelly opened the public hearing at 10:32 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:32 p.m. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. City of Colleyville Page 17 City Council Minutes December 3, 2013 7e Ordinance O-13-1902 Approval of amendments to the Code of Ordinances Chapter 70, Article II, Section 70-28, Relating to Home Solicitation, Distribution, and Miscellaneous Sales Mayor Kelly read the caption of Ordinance O-13-1902. Mayor Kelly opened the public hearing at 10:33 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:33 p.m. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a Resolution R-13-3695 Authorizing the issuance of Colleyville Economic Development Corporation (CEDC) Refunding Sales Tax Subordinate Lien Revenue Bonds, Series 2013 Mayor Kelly read Resolution R-13-3695 in its entirety. Assistant City Manager/Chief Financial Officer Terry Leake introduced Mr. Jim Sabonis, First Southwest, to present this item and brief City Council. Mayor Kelly questioned Mr. Sabonis regarding the original date of these bonds. Mr. Sabonis replied they were issued in 2005. Assistant City Manager/Chief Financial Officer Terry Leake added, an issuance was done in 1997, then again in 2000; therefore, the 2005 refunding was for the outstanding bonds from those two original bond issues. Mayor Kelly opened the public hearing at 8:24 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:24 p.m. Mayor Pro Tem Taylor moved to approve Resolution R-13-3695. Councilmember Mogged seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart City of Colleyville Page 18 City Council Minutes December 3, 2013 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Debbie Kelly, 905 Inwood Lane, spoke regarding the terms holiday and Christmas and what they mean to her. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 3, 2013 - Reading and Public Hearing - Resolution R-13- 3696 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 by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart Mayor Kelly adjourned the City Council meeting at 10:34 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 17TH DAY OF DECEMBER 2013. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 19