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HomeMy WebLinkAboutCity Council-Minutes-12/7/2013 City of Colleyville,---� y y City Hall COLLEYVILLE City Council 100 Main Street Colleyville, Texas 76034 + a Agenda 817.503.1000 r x A° www.colleyville.com Tuesday, December 17, 2013 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion of Highway 26 School Zone PC-2 Discussion of the methodology for calculating drainage utility fees PC-3 Presentation of the Monthly Financial Report - November 2013 PC-4 Discussion of the December 17, 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 17, 2013 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Dave Jung, Crown of Life Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. OATH OF OFFICE - Jack Stacy, Mayor for a Day 3. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3697 4. 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 Jack Stacy, Mayor for a Day - Mayor David Kelly Proclamation declaring December 20, 2013, "Thank a Teacher Day" at Colleyville Elementary School - Colleyville Elementary School Principal Shelia Shimmick - Mayor for a Day Jack Stacy In recognition of Colleyville's featured business - Michael's Keys, 4003 Colleyville Boulevard - John Lemmon, Shop Manager - Mayor David Kelly and Economic Development Director Marty Wieder Recognition of employees' years of service Recognition of employee achievements 5. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3698 5a Approval of the minutes of the regular City Council meeting of December 3, 2013 5b Approval to extend the approved bank depository proposal with Wells Fargo Bank, N.A. for the period of April 1, 2014 through March 31, 2015 City Council Agenda December 17, 2013 5c Approval of a three year Municipal and County Government Enterprise License Agreement (ELA), between the City of Colleyville and the Environmental Systems Research Institute, Inc. (ESRI), in an amount not to exceed $88,650, and authorize the city manager to execute the agreement 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance 0-13-1898 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 6b Ordinance 0-13-1899 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 6c Ordinance 0-13-1900 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 6d Ordinance 0-13-1901 Approval of amendments to Chapter 13 - Impact Fees of the Land Development Code 6e Ordinance 0-13-1902 Approval of amendments to the Code of Ordinances Chapter 70, Article II, Section 70-28, Relating to Home Solicitation, Distribution, and Miscellaneous Sales 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3699 Consideration of appointments to the Architectural Review Commission City Council Agenda December 17, 2013 7b Resolution R-13-3700 Consideration of appointments to the Colleyville Center Advisory Committee 7c Resolution R-13-3701 Consideration of appointments to the Colleyville Events Steering Committee 7d Resolution R-13-3702 Consideration of appointments to the Colleyville Sidewalks Committee 7e Resolution R-13-3703 Consideration of an appointment to the Historical Preservation Committee 7f Resolution R-13-3704 Consideration of appointments to the Library Board, Alternate 1 and Alternate 2, and filling the position of Library Board, Place 6 7g Resolution R-13-3705 Consideration of appointments to the Parks and Recreation Advisory Board 7h Resolution R-13-3706 Consideration of appointments to the Traffic Safety Advisory Committee 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Planning and Zoning Commission Meeting Minutes - October 28, 2013 Planning and Zoning Commission Meeting Minutes - November 11, 2013 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 17, 2013 - Reading and Public Hearing - Resolution R- 13-3707 11. ADJOURNMENT City Council Agenda December 17, 2013 I hereby certify this agenda was posted on City Hall bulletin boards Friday, December 13, 2013, by 5:00 p.m. , ( ' I Amy helley, 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. Cit y v of Colleyville City Hall COLLEYVILLE City Council 100 Main Street - ,. Colleyville, Texas 76034 Minutes 817. 503.1000 r XA ' www.colleyville.com Tuesday, December 17, 2013 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on December 17, 2013, at 5:30 p.m. ROLL CALL: Mayor David Kelly, Mayor for a Day Jack Stacy, Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Human Resources Director Michelle Reyes, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Project Engineer Dale Crown, Development Engineer Dan Hartman, Management Analyst James Hubbard, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Planning and Development Coordinator Mary Elliott, Communications and Marketing Director Mona Gandy, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, Assistant City Attorney Matt Butler, and City Secretary Amy Shelley. PC-1 Discussion of Highway 26 School Zone Police Chief Mike Holder presented this item and briefed City Council. Councilmember Short suggested reducing the length of the school zone. Mayor Kelly stated there is an access point along the Bridges School, and the school zones typically are for the length of the school boundary. Councilmember Short stated the school zone is about keeping students safe, however, he stated he does not see the need for it to extend beyond Hall-Johnson Road, especially to the north. Chief Holder stated there are about five or six school zones in which they are 1,000 feet or more in length and several that are 600-800 feet. Councilmember Short questioned staff regarding the general guideline for the length of the school zones. Chief Holder stated not knowing the industry standard; however, most are based upon the area in which the school exists. City Council Minutes December 17, 2013 Mayor Kelly questioned Councilmember Short regarding the need to reduce the school zone. Councilmember Short stated he has friends and neighbors complaining about the school zone. Councilmember Short stated he could see drivers forgetting they are within the school zone because it seems to be a long distance. Mayor Pro Tem Taylor questioned staff regarding the students crossing the road. Chief Holder explained he has seen students cross in both directions. Mayor Kelly questioned staff regarding if students cross at the Bridges School. Chief Holder stated he has seen people exit from Bridges, however, he did not know if students were crossing the street at that location. Mayor Pro Tern Taylor stated being concerned about the possibility of the traffic patterns changing. Mayor Pro Tern Taylor questioned staff regarding if the length of time for which the school zone runs could be reduced. Chief Holder stated the time is 30 minutes prior to the earliest arrival time, and 30 minutes after latest release time, of the school. Councilmember Hart stated the school zone may need to be reconsidered, especially with the potential reconstruction of SH26. Mayor Kelly questioned staff regarding if additional signage could be provided to make people aware of the fact they are still in a school zone. Public Works Director Bob Lowry replied yes. Councilmember Short stated the speed limit within the school zone is 35 miles per hour, however, that does not seem slow enough. Chief Holder stated the speed limit was put in place by a previous City Council. Mayor Kelly stated he would be in favor of reducing the speed limit. Councilmember Wollin asked Councilmembers if the Traffic Safety Advisory Committee should review the posted speed limit. Mayor Pro Tern Taylor stated the speed limit has worked for years. He added he would not be in favor of reducing the speed limit. Councilmember Short stated being in favor of shortening the length of the school zone and reducing the speed limit. Councilmember Mogged concurred with Councilmember Short, and stated it is a good idea for the Traffic Safety Advisory Committee to look at this request. z, , City Council Minutes December 17, 2013 Mayor Kelly stated he did not see the need to review the school zone, especially since there have not been a lot of issues with it. Councilmember Short questioned staff regarding the number of citations issued in other school zones. Chief Holder stated he did not have the number for the other school zones. Councilmember Hall stated he agrees that the Traffic Safety Advisory Committee should consider it; however, the Committee will probably be conservative, based on City Council's recommendations. Mayor Pro Tem Taylor questioned staff regarding how long this school zone has existed? Chief Holder replied he knew the school zones were all approved at one time, and there was an update done in 2009. Mayor Kelly stated prior to 2009, there were warning lights with no signage. Mayor Pro Tern Taylor stated people are familiar with the area and their driving habits and patterns. Councilmembers Hart and Hall stated being good with the way it currently exists. City Manager Jennifer Fadden questioned City Council regarding specific direction for the Traffic Safety Advisory Committee to consider. Councilmember Short stated he would like them to consider reducing the speed limit to 30 miles per hour, and reducing the length of school zone, starting south of Hall-Johnson Road, ending the zone 200 feet north of Hall-Johnson Road. Councilmember Mogged stated the Traffic Safety Committee should consider which is the safer of the two options, reducing the speed limit, or length of the school zone. Mayor Pro Tem Taylor stated the length of the school zone could be reconsidered. Councilmember Wollin stated she wants some guidance when considering what needs to be done. Councilmember Hall stated this one could be compared to the other school zones. Chief Holder stated recommendations could be made to TxDOT; however, it will be their decision, since they have jurisdiction over the state highway. Mayor Kelly suggested receiving TxDOT's recommendation regarding this school zone before the Traffic Safety Advisory Committee reviews it. Councilmembers concurred. City Council Minutes December 17, 2013 Mayor Pro Tern Taylor stated the drivers will need to be aware of the zone. Mayor Kelly adjourned the Pre Council meeting at 5:57 p.m. Mayor Kelly resumed the Pre Council meeting at 6:54 p.m. PC-2 Discussion of the methodology for calculating drainage utility fees Management Analyst James Hubbard presented this item and briefed City Council. Mayor Pro Tern Taylor stated the technology will need to be in place prior to the assessment of the properties. Public Works Director Bob Lowry stated the new GIS person is very familiar with the technology. Mayor Pro Tern Taylor stated whatever the use is, the impervious area needs to be assessed. Director Lowry stated it can be determined given the available technology. Councilmember Mogged stated Frisco should be used as a role model for best practices, specifically to water collection. Councilmember Hart stated it appears to be a good idea, and technology appears to be present, which will help the City be where it needs to be. Councilmember Hall questioned staff regarding if the residential fee will go up or down. Analyst Hubbard replied it will depend on the rates rather than the methodology for assessing the fee. City Manager Jennifer Fadden added staff will benchmark the average rate for the residents in other communities. Director Lowry stated the potential for revenue is different for our community, based on the fact of the larger residential structures versus the surrounding cities, Southlake being the exception. He stated the rate can be adjusted to accommodate what the need may be. Councilmember Hall stated if the assessment goes up considerably, there is potential for controversy. Mayor Kelly stated it would seem that non-residential impervious area would need to be considered more than residential impervious area. Mayor Kelly questioned staff regarding if surrounding communities will move toward the impervious area coverage. Director Lowry replied he believes over time they will, however, not within the next year. Councilmember Short questioned staff regarding if the 48,756 square feet of residential impervious surface is actually causing more of an impact on our City Council Minutes December 17, 2013 drainage system. Director Lowry explained the assessment of drainage and run- off. Mayor Pro Tern Taylor questioned staff regarding if the surrounding cities have the data to study the residential versus the non-residential. Director Lowry stated most surrounding cities adopted their assessment after Colleyville. He added that there is supposed to be a nexus between the service being provided, and the fee being assessed. Councilmember Mogged stated one of the options to consider would be to have several flat rates. Director Lowry replied some options have been considered, however, it will be up to City Council. City Manager Jennifer Fadden questioned City Council regarding if there is a desire for staff to conduct an analysis to look at impervious surface area for residential. Mayor Pro Tern Taylor stated not wanting to make this a burden upon staff in doing the analysis. Councilmember Mogged stated being in favor of a tiered structure, which is easy to understand; a simple approach. PC-3 Presentation of the Monthly Financial Report - November 2013 Finance Manager Karen Hines presented this item and briefed City Council. City Manager Jennifer Fadden explained that the projection column was not correct in the Utility Fund (water and sewer sales), as submitted with the packet; therefore a new page for the report was given to City Council. Councilmember Mogged thanked staff for the clarification. PC-4 Discussion of the December 17, 2013, City Council regular agenda items 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 7:33 p.m. ROLL CALL: Mayor David Kelly, Mayor for a Day Jack Stacy, 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 a,r? a ate: ice::•. City Council Minutes December 17, 2013 Library Director Mary Rodne, Youth Services Librarian Marie Edgington, Human Resources Director Michelle Reyes, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Project Engineer Dale Crown, 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, Senior Management Analyst Devin Slick Assistant City Attorney Matt Butler, and City Secretary Amy Shelley. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Legal - Consultation with attorney regarding pending litigation - Moxie Pest Services - Dallas, LLC v. City of Colleyville Section 551.071 - 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 6:08 p.m. and reconvened at 6:09 p.m. INVOCATION: Pastor Martin Richardson, Crown of Life Church PLEDGE OF ALLEGIANCE: Assistant City Attorney Matt Butler 2. OATH OF OFFICE - Jack Stacy, Mayor for a Day City Secretary Amy Shelley administered the Oath of Office to Mayor for a Day Jack Stacy. City Council Minutes December 17, 2013 3. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3697 Mayor Kelly read Resolution R-13-3697 in its entirety. Mayor Kelly opened the public hearing at 7:41 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:41 p.m. Mayor Pro Tem Taylor moved to approve Resolution R-13-3697. Councilmember Wollin 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 4. 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 thanked the public works and public safety departments and staff in their work during the ice storm. Mayor Kelly concurred. Proclamation in recognition of Jack Stacy, Mayor for a Day - Mayor David Kelly Mayor Kelly presented a proclamation in recognition of Jack Stacy, Mayor for a Day. Proclamation declaring December 20, 2013, "Thank a Teacher Day" at Colleyville Elementary School - Colleyville Elementary School Principal Shelia Shimmick - Mayor for a Day Jack Stacy Mayor for a Day Jack Stacy presented a proclamation declaring December 20, 2013, "Thank a Teacher Day" at Colleyville Elementary School to Colleyville Elementary School Principal Shelia Shimmick. In recognition of Colleyville's featured business - Michael's Keys, 4003 Colleyville Boulevard - John Lemmon, Shop Manager - Mayor David Kelly and Economic Development Director Marty Wieder City Council Minutes December 17, 2013 Mayor Kelly and Economic Development Director Marty Wieder recognized Michael's Keys as the featured business and introduced shop manager John Lemmon. Recognition of employees' years of service Mayor Kelly recognized the following employees and their years of service: Dale Crown was hired November 5, 2012 as a Project Engineer for the Public Works Engineering Department. Before coming to Colleyville, Dale was employed with Huitt-Zollars, Inc. as a Project Engineer. Marie Edgington was hired November 12, 2012 as a Youth Services Assistant for the Colleyville Public Library. Marie was previously employed with the University of Maryland as a Field Representative counselor. Robert Hinton was hired December 5, 2012 for the position of Police Captain for the Colleyville Police Department. Robert was previously employed with the Dallas Police Department for 27 years. Devin Slick was hired November 26, 2012 as a Systems Administrator for the Colleyville Information Systems Management Department. Devin was previously employed with Leverage Technologies and Systems as a Systems Engineer II. Scott Wrisley was hired November 21, 1993 as a Firefighter/EMT for the Colleyville Fire Department. Scott received his Firefighter Intermediate Certificate November 2006 and his Firefighter Advanced Certificate in October 2007. Scott was promoted to his current position as Driver/Engineer on December 12, 2010. Robert Mckeown celebrated 25 years with the City of Colleyville on October 3, 2013. Robert was hired as a Firefighter/EMT for the Colleyville Fire Department on October 3, 1988. Robert received his Fire Investigator Certificate in December of 2005, and was promoted to his current position of Fire Marshal on June 12, 2006. Recognition of employee achievements Mayor Kelly recognized the following employees and their achievements: Chief Mike Holder - Was elected last year as Treasurer to the Board of Officers for the North Texas Police Chiefs Association. There is an annual progression through the positions on the organization's board. This year Chief Holder progressed to the position of Secretary and is responsible for all minutes and documents of the organization. The North Texas Police Chiefs Association actively seeks to promote the professional practice of law enforcement administration, to represent the membership and the profession on issues of concern, and to encourage high City Council Minutes December 17, 2013 ethical standards of conduct among law enforcement administrators through its code of ethics. Marty Wieder - The North Texas Commission collaborates with regional stakeholders to strengthen public-private alliances, advancing an economically vibrant region. The Commission announced the appointment of several new Board Directors in October - and the list includes Marty Wieder, Economic Development Director. Marty graduated from the North Texas Commission's Leadership North Texas program in May. The International Council of Shopping Centers is considered THE professional organization of retail and shopping center leasing/representation, design, development and operations. The organization works to foster programs, which help illustrate how municipalities, counties, and economic development corporations work directly with developers, retailers, restaurants, and entertainment concepts to foster new development and redevelopment. Marty is serving his second term as Co-Chair. In the last few years, the University of Texas at Arlington has begun including and recognizing alumni of their government, social service and non-profit graduate programs at their annual Distinguished Alumni Gala. This year, UT Arlington's School of Urban & Public Affairs chose to recognize Marty Wieder. Marty earned his Master of Arts in Urban Affairs from the School in 1988. Marty is starting his second year serving on the University of Texas at Arlington Master of Public Administration Steering Committee. The committee meets to discuss curriculum and certification issues, as well as help with ideas and suggestions for recruiting new students. Devin Slick - Has earned the Microsoft Certified Solutions Associate designation. This is an entry-level Systems Administrator certification that qualifies Devin to be recognized globally as a Microsoft professional capable of administering multiple server and desktop computing environments. To earn this designation, Devin was required to attend three classes at 40-hours each, and pass an exam in each class. These exams are very detailed and take a tremendous amount of study time in addition to the training itself. Devin is on track to be a Microsoft Certified Solutions Expert by the end of fiscal year 2014, which is the next level of certification for computer engineering. James Hubbard - Was awarded a $1,500 practitioner scholarship from the North Texas Branch of the Texas Public Works Association to pursue his Masters in Public Administration degree from the University of Texas at Arlington. Marie Edgington - Recently graduated from the University of North Texas with a Master's Degree in Library Science that includes a special certification in youth services. City Council Minutes December 17, 2013 5. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3698 5a Approval of the minutes of the regular City Council meeting of December 3, 2013 5b Approval to extend the approved bank depository proposal with Wells Fargo Bank, N.A. for the period of April 1, 2014 through March 31, 2015 5c Approval of a three year Municipal and County Government Enterprise License Agreement (ELA), between the City of Colleyville and the Environmental Systems Research Institute, Inc. (ESRI), in an amount not to exceed $88,650, and authorize the city manager to execute the agreement Mayor Kelly read Resolution R-13-3698 in its entirety. Mayor Kelly opened the public hearing at 8:06 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:06 p.m. Councilmember Hart moved to approve Resolution R-13-3698. 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 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a Ordinance 0-13-1898 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 0-13-1898. There was no additional information provided by staff or the applicant for this second reading. Mayor Kelly opened the public hearing at 8:07 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:07 p.m. City Council Minutes December 17, 2013 Councilmember Hart moved to approve Ordinance 0-13-1898. 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 6b Ordinance 0-13-1899 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 0-13-1899. Community Development Director Ron Ruthven presented this item and briefed City Council, specifically to the trail and improvements to Heritage Avenue. Mayor Kelly opened the public hearing at 8:10 p.m. Brett Pedigo, Terra Manna LLC., presented this item and briefed City Council. Gary Malone, 4605 and 4609 Winewood, spoke in support to this request with specific comments for the proposed sidewalk adjacent to his home and the development's open space. There were no others wishing to speak and Mayor Kelly closed the public hearing at 8:17 p.m. Mayor Kelly questioned staff regarding the difference between floodway and floodplain. City Engineer Jeremy Hutt explained the difference between a floodway and a floodplain, and the process in which each area is reclaimed. Mayor Kelly questioned staff regarding if the pictures, shown from the Woodland Hills development, are the result of flooding in the floodplain areas. Engineer Hutt stated those are pictures showing flooding in the floodplain area. Councilmember Mogged questioned staff regarding the best use of the subject property, specifically the commercial property on the southern portion of the property. Director Ruthven replied the original 2007 ordinance indicates 1.8 acres t; sa City Council Minutes December 17, 2013 on the southeast corner as an alternative plan for commercial, if the City incorporated the property from the City of Euless. Councilmember Mogged questioned staff regarding the commercial aspect of this property, specific to best use. Economic Development Director Marty Wieder explained he has met with retailers and developers who have shown some interest in this area. Councilmember Mogged questioned staff regarding the acreage needed for those retailers. Director Wieder stated the acreage needed would range from one and one half acres to three acres. Mayor Kelly questioned staff regarding the impact of commercial tax revenues for the City. Director Wieder stated service needs continue to grow based on the needs of the community and commercial tax revenues help with those needs. Mayor Kelly questioned Mr. Pedigo regarding the commercial tract. Mr. Pedigo stated the original tract was 1.9 acres. He stated staff requested a larger tract for the Planning and Zoning Commission consideration, however, with his discussions with retailers and developers; he kept the size of the lot, given its location. Councilmember Mogged questioned Mr. Pedigo regarding if there is a chance to modify the plan by considering developing this as a larger commercial tract, and if not, then it could roll back to residential. Mr. Pedigo stated he would rather the residents have a certainty that this is a commercial use. Mayor Pro Tem Taylor questioned Mr. Pedigo regarding more commercial rather than residential, such as office uses. Mr. Pedigo stated not wanting to be left with land that cannot be used later. He stated the entry has to be designated at this time. Mayor Pro Tern Taylor stated he did not want this property to be carved out just for the sake of commercial uses. Mayor Kelly stated there are some residential lots adjacent to the commercial tract, which could be eliminated to help with the depth of the commercial tract. Mr. Pedigo explained the ideal depth of retail spaces related to parking and landscaping, therefore, more square footage going north does not create an advantage for this property. He stated it makes more sense for the tract to extend to the east rather than north. Director Wieder stated commercial and retail developments take more time to get in place. Councilmember Mogged stated it would appear that more acreage can be put in with the commercial tract. awe k 8 a S City Council Minutes December 17, 2013 Mayor Pro Tern Taylor questioned staff regarding if it would be better to use the Cheek-Sparger Road frontage for commercial and use Heritage Avenue for the residential uses. Director Wieder stated it could provide the benefit and potential for other retailers and restaurants to develop next to this tract. Councilmember Hall stated being worried about the commercial space being left empty surrounding the residential uses. He stated this is not Colleyville's main commercial corridor. Mayor Kelly questioned Mr. Pedigo regarding the timeframe for approval. Mr. Pedigo stated it is imperative that a decision be made this evening. He stated if the commercial tract can be enlarged to 2.5 acres, would staff be supportive of such? Mayor Kelly stated the original development, from 2007, was approved and it did not line up. Mr. Pedigo stated a three year timeframe would work, if residential would be allowed to be back filled. He added the entrance is important, given the location on Cheek-Sparger Road. Mayor Pro Tern Taylor stated being concerned that three years is not long enough for commercial fill. Mayor Kelly stated he wants to create an opportunity for this to be a great development, and he added he would be good with the 1.9 acres for commercial. Councilmember Wollin stated she does not want a time limit for it to be commercial. She stated 1.9 acres is not enough for commercial, given what the Economic Development Director has stated. Councilmember Short questioned staff regarding the property across the street in Euless. Director Ruthven replied the master plan for that development indicates future retail uses. Councilmember Short questioned staff regarding how far the proposed property is from the commercial uses on SH121. Director Ruthven replied it will transition from commercial uses to residential uses at Heritage Avenue. Mayor Kelly questioned staff regarding the 2007 site plan, what was the commercial acreage then? Director Ruthven replied 1.8 acres at the hard corner. Mayor Kelly stated it was not moved to add any additional acreage in 2007. Mayor Pro Tern Taylor questioned staff regarding what is the developer's participation for the improvements to Heritage Avenue. Director Ruthven replied the developer has the option to pay the roadway impact fees and not do any improvements to Heritage Avenue. City Council Minutes December 17, 2013 Mayor Pro Tern Taylor questioned staff regarding if no participation by the developer is a good idea. Director Ruthven stated the cost to improve Heritage Avenue would far exceed the developer's responsibility to improve, therefore, staff decided it would be acceptable for only the roadway impact fees to be paid. Mayor Kelly questioned staff regarding the trail along Heritage Avenue. Director Ruthven stated the developer will be required to have a study conducted that will indicate where the trail should be constructed to ensure the trail is constructed properly. Mayor Kelly questioned staff regarding the masonry wall in the floodplain area, asking if masonry is appropriate, or should it be wrought iron for the channeling of the water? Director Ruthven stated there is no masonry wall required along the open space, and floodplain areas. Mayor Pro Tern Taylor questioned Mr. Young regarding the fencing. Mr. Young explained, using the exhibits, the fencings for the development. Discussion occurred with Mr. Young, Mayor Kelly, and Mayor Pro Tern Taylor regarding the proposed fencing along the roadway, entrance, and floodplain. Director Ruthven stated the masonry wall is only required along Heritage Avenue when residential lots back to Heritage Avenue. Mayor Kelly stated there should be a sidewalk adjacent to the open space next to Mr. Malone's property. Councilmember Short stated he did not see the need for a sidewalk there. Mayor Pro Tern Taylor questioned staff regarding if there is a connection into Prestwick Park from this development. Director Ruthven replied there is an emergency access connection. Councilmember Wollin questioned staff regarding if the 10 foot buffer is required to be landscaped and would the sidewalk be permitted in this area. Director Ruthven replied it is required to be landscaped, and the sidewalk would not be allowed within this buffer. Councilmember Short stated there is not a need for a sidewalk here, given that not everywhere makes sense for a sidewalk. Mayor Kelly stated new developments shall have sidewalks. Mayor Pro Tem Taylor questioned Mr. Young regarding the alignment of the cul- de-sac and the buffer. Mr. Young stated it could be realigned. Councilmember Short questioned Mr. Young regarding the trail. Mr. Young stated the floodplain currently goes over Heritage Avenue; therefore, the trail would have City Council Minutes December 17, 2013 to be raised. He stated not wanting to waste the money on the trail if it will have to be torn out. He stated it would be more practical to have a smaller trail throughout the development. Mayor Kelly questioned Mr. Young regarding non-residents using the trail. Mr. Young replied he is looking for a solution. Director Ruthven stated the trail would not have to be constructed to the elevation of the future improvement to the road. Further discussion occurred regarding the possible location and construction of the sidewalk, as it relates to the creek. Mayor Pro Tern Taylor questioned Mr. Young regarding the height of the masonry wall. Mr. Young stated the original ordinance outlined an eight foot wall. Mayor Pro Tem Taylor suggested amending the height of the wall from eight feet to six feet. Mayor Kelly questioned staff regarding other masonry walls in other developments. Director Ruthven replied most are six feet in height. He added that the change in height of the masonry wall should be codified in the ordinance. Mayor Pro Tem Taylor questioned staff regarding the height of the masonry wall adjacent to the commercial tract. Director Ruthven replied it is required to be eight feet in height. Mayor Pro Tem Taylor moved to approve Ordinance 0-13-1899 with the following amendments: 1) the eight foot masonry walls shall be six feet in height, except where the wall is adjacent to commercial, then it shall be eight foot; 2) remove the sidewalk waiver request, from Block 2, Lot 2, and Block 2, Lot 1; 3) amend Section 2.c. of Ordinance 0-13-1866 to allow for escrow option, where appropriate, on the trail. 4) amendment to Ordinance 0-07-1645, Section 4.7.b., to allow for a six foot masonry wall to be built along the perimeter of the subdivision along Heritage Avenue, as shown in "Exhibit D"; 5) all rear facing lots, along Heritage Avenue, will also include the six foot masonry wall; 6) Section 5.2.c, of Ordinance 0-13-1866 shall be repealed; and 7) a temporary four foot, interior pedestrian access, within the floodplain shall be added. Mayor Pro Tem Taylor stated he did not understand why the developer is not responsible for matching the improvements in the roadway, to complete the portion where Euless stopped. City Manager Jennifer Fadden stated when looking at the greater context of Heritage Avenue, staff was not clear as to how this roadway will look. Staff has felt it appropriate to look at, and determine, how we want the roadway to look during the upcoming comprehensive plan update. City Council Minutes December 17, 2013 Director Ruthven stated the roadway impact fees are paid into a larger pool for Service Area I, as identified in the CIP. Mayor Kelly stated the developer has the option to pay the fees or improve the road. Director Ruthven added the developer can also enter into a City-Developer Agreement. Director Ruthven suggested adding the corrected fence exhibit to the proposed ordinance. Mayor Kelly concurred. City Manager Jennifer Fadden added that the motion should include the amendment to Ordinance 0-07-1645, Section 4.7.b., to allow for a six foot masonry wall to be built along the perimeter of the subdivision along Heritage Avenue. Assistant City Attorney Matt Butler concurred. (This addition has been added to the motion above.) City Manager Jennifer Fadden questioned Director Ruthven regarding if the last amendment will create any unintended consequences to the Colleyville Pathways Plan. Director Ruthven replied the Pathways Plan is effectively amended by Ordinance 0-13-1866 and will further be amended by the comprehensive plan update. Mr. Young explained the sections of the trail that will be constructed versus the sections that will not be built, because of the roadway improvements, related to the floodway. Director Ruthven stated the escrowed portion of the trail would be the portions in which the trail sections are within the floodway. Councilmember Short questioned Mr. Young regarding pedestrian access on site, across the floodplain. Mr. Young replied it was an idea for temporary measures. Director Ruthven stated if City Council desires to add this provision, it must be added to the ordinance. Mayor Kelly stated he would like it added. Councilmember Hart seconded the motion. Director Ruthven questioned City Council regarding if a detailed site plan, for the 1.9 acre commercial tract, can be reviewed by City Council, in the future? City Council agreed. The motion to approve, with amendments, carried by the following vote: Aye: 5 - Mayor Kelly, Mayor Pro Tem Mike Taylor and Councilmembers Stan Hall, Jody Short, and Tom Hart City Council Minutes December 17, 2013 Nay: 2 - Councilmembers Carol Wollin and Chuck Mogged 6c Ordinance 0-13-1900 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 0-13-1900. There was no additional information provided by staff. Mayor Kelly opened the public hearing at 10: 13 p.m. 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 10:14 p.m. Mayor Kelly questioned staff regarding the size and location of the sign. Director Ruthven stated those changes were added to the ordinance. Councilmember Short questioned staff regarding the language of the original ordinance, specifically to the cross-access to the adjacent property, and the subject property not being in-compliance with the ordinance provisions. Mr. Hall stated he has been trying to purchase the property; however, he is not having any luck with such or with connecting the cross-access. Mayor Pro Tem Taylor moved to approve Ordinance 0-13-1900. 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 Mayor Kelly recessed the meeting at 10:14 p.m. Mayor Kelly reconvened the meeting at 10:23 p.m. 6d Ordinance 0-13-1901 Approval of amendments to Chapter 13 - Impact Fees of the Land Development Code Mayor Kelly read the caption of Ordinance 0-13-1901. City Council Minutes December 17, 2013 Mayor Kelly opened the public hearing at 10:24 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:24 p.m. Community Development Director Ron Ruthven presented this item and briefed City Council. Councilmember Hall moved to approve Ordinance 0-13-1901. Councilmember Wollin 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 6e Ordinance 0-13-1902 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 0-13-1902. Mayor Kelly opened the public hearing at 10:26 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 10:26 p.m. Mayor Pro Tem Taylor moved to approve Ordinance 0-13-1902. Councilmember Hart seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tern Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3699 Consideration of appointments to the Architectural Review Commission Mayor Kelly read Resolution R-13-3699 in its entirety. Mayor Kelly opened the public hearing at 10:27 p.m. City Council Minutes December 17, 2013 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:27 p.m. Councilmember Hall moved to approve Resolution R-13-3699 with the following appointments: Jeffrey Ground, John Hines, and Gerald Ward. Mayor Kelly 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 7b Resolution R-13-3700 Consideration of appointments to the Colleyville Center Advisory Committee Mayor Kelly read Resolution R-13-3700 in its entirety. Mayor Kelly opened the public hearing at 10:28 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:28 p.m. Councilmember Hall moved to approve Resolution R-13-3700 with the following appointments: At-Large includes Leti Carson, Mark Johnson, Sue Anne Martinez, and Fred Mills; Arts Council Northeast, Earlene Garvey; Colleyville Rotary Club, Mike Bolton; and Colleyville Woman's Club Darla Dennison. He further advised staff to re-advertise for the open At- Large position. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor Kelly, Mayor Pro Tern Mike Taylor and Councilmembers Carol Wo Ilin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 7c Resolution R-13-3701 Consideration of appointments to the Colleyville Events Steering Committee Mayor Kelly read Resolution R-13-3701 in its entirety. Mayor Kelly opened the public hearing at 10:30 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:30 p.m. City Council Minutes December 17, 2013 Councilmember Mogged moved to approve Resolution R-13-3701 with the following appointments: Sandra McIntosh, Mary Lou Dove, and Ryan Milakovich. Mayor Kelly 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 7d Resolution R-13-3702 Consideration of appointments to the Colleyville Sidewalks Committee Mayor Kelly read Resolution R-13-3702 in its entirety. Mayor Kelly opened the public hearing at 10:31 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:31 p.m. Councilmember Hart moved to approve Resolution R-13-3702 with the following appointments: Jeffrey Ground, Ryan Milakovich, and Ajit Purandare. Mayor Kelly 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 7e Resolution R-13-3703 Consideration of an appointment to the Historical Preservation Committee Mayor Kelly read Resolution R-13-3703 in its entirety. Mayor Kelly opened the public hearing at 10:32 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:32 p.m. Councilmember Wollin moved to approve Resolution R-13-3703 with the following appointment: Gerald Ward. Mayor Kelly 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 Council Minutes December 17, 2013 7f Resolution R-13-3704 Consideration of appointments to the Library Board, Alternate 1 and Alternate 2, and filling the position of Library Board, Place 6 Mayor Kelly read Resolution R-13-3704 in its entirety. Mayor Kelly opened the public hearing at 10:34 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:34 p.m. Councilmember Wollin moved to approve Resolution R-13-3704 with the following appointments: Place 6 Vernon Noronha; Alternate 1 Sue Anne Martinez; and Alternate 2 Nancy Andrews. Mayor Kelly seconded the motion. The motion to approve carried by thefollowing vote: Aye: 7 — Mayor Kelly, Mayor Pro Tem Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 7g Resolution R-13-3705 Consideration of appointments to the Parks and Recreation Advisory Board Mayor Kelly read Resolution R-13-3705 in its entirety. Mayor Kelly opened the public hearing at 10:35 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:35 p.m. Councilmember Short moved to approve Resolution R-13-3705 with the following appointments: Place 2 Leti Carson; Place 4 David Hays; Place 6 Ajit Purandare; and Place 8 Hillary Schwanbeck. Mayor Kelly 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 7h Resolution R-13-3706 Consideration of appointments to the Traffic Safety Advisory Committee Mayor Kelly read Resolution R-13-3706 in its entirety. City Council Minutes December 17, 2013 Mayor Kelly opened the public hearing at 10:37 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 10:37 p.m. Mayor Pro Tern Taylor moved to approve Resolution R-13-3706 with the following appointments: Sean Bryan, John Hines, and Janet Suedmeier with terms expiring December 2015; and Vernon Noronha with a term expiring December 2014. Mayor Kelly seconded the motion. The motion to approve carried by the following vote: Aye: 7 — Mayor Kelly, Mayor Pro Tern Mike Taylor and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS Planning and Zoning Commission Meeting Minutes - October 28, 2013 Planning and Zoning Commission Meeting Minutes - November 11, 2013 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR DECEMBER 17, 2013 - Reading and Public Hearing - Resolution R-13-3707 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 10:38 p.m. APPROVED BY A VOTE OF7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 7TH DAY OF JANUARY 2014. City Council Minutes December 17, 2013 Minutes taken and prepared by: 1! % ' i1, , � I Amy Shelley, TRMC City Secretary