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HomeMy WebLinkAboutCity Council-Minutes-1/7/2014 City 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, January 7, 2014 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation and update on the comprehensive plan process and discussion of the proposed Comprehensive Plan Advisory Committee (CPAC) PC-2 Discussion of the Sidewalk Policy PC-3 Discussion of right-of-way mowing PC-4 Discussion of the January 7, 2014, 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 on legal issues related to the Police Department’s Use of Force Policy 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 January 7, 2014 City of Colleyville Page 2 RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Counselor in Bishopric Darren Lee, Church of Jesus Christ of Latter-day Saints, Colleyville Ward 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-14-3708 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Jaime Gutierrez, the 2013 Employee of the Year - Mayor David Kelly 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3709 4a Approval of the minutes of the regular City Council meeting of December 17, 2013 4b Approval of a final plat for 53.2 acres on Tracts 1F and 1G, Abstract 1038, of the Hall Medlin Survey, and Tracts 1A02 and 1C, Abstract 295, of the William E. Crooks Survey, located at 7612 and 7624 Pleasant Run Road, Case PC13-021 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-14-1903 Consideration of a request for approval of a Special Use Permit for an accessory building on Lot 3, Block 1, of the Lavaca Parc Addition, located at 6212 Lantana Court, Case ZC13-019 5b Ordinance O-14-1904 Consideration of a request for a zoning change from the AG- Agricultural zoning district to the PUD-C-Planned Unit Development Commercial zoning district on 2.8 acres out of the J.L. Byas Survey, Abstract 180, located at 1603 and 1605 Hall-Johnson Road, Case ZC13-020 City Council Agenda January 7, 2014 City of Colleyville Page 3 5c Ordinance O-14-1905 Consideration for approval of amendments to Chapter 3 - Land Use, Section 3.26-Fences, Free Standing Walls, and Screening Materials, of the Land Development Code, Case GC13-021 5d Ordinance O-14-1906 Consideration for approval of amendments to Chapter 8-Plat Review Procedures of the Land Development Code, Case GC13-022 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 7, 2014 - Reading and Public Hearing - Resolution R-14-3710 8. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, January 3, 2014 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, January 7, 2014 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on January 7, 2014, at 5:32 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, Human Resources Director Michelle Reyes, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, 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 Presentation and update on the comprehensive plan process and discussion of the proposed Comprehensive Plan Advisory Committee (CPAC) Community Development Director Ron Ruthven presented this item and introduced Jim Carrillo, project manager, of HALFF Associates, to discuss the comprehensive plan process and the Comprehensive Plan Advisory Committee (CPAC). Mayor Kelly stated Councilmember Mogged has expressed an interest in the committee. Mayor Kelly questioned City Councilmembers regarding the members of the CPAC committee. Councilmembers Wollin and Hart stated they would like to be members of the committee. Mayor Pro Tem Taylor stated he wants to make sure this will be a product that creates opportunities for the future. He further questioned staff regarding the timing for the updates to City Council, and will City Council be the approving body? Director Ruthven replied yes, City Council will be the approving body. Councilmember Mogged questioned staff regarding if staff will provide weekly updates. Director Ruthven replied yes. Councilmember Mogged stated he would like to make sure City Council has reviewed the “white paper” information, before it is provided to everyone, so that City Council can field citizen questions. City of Colleyville Page 1 City Council Minutes January 7, 2014 Mayor Kelly stated most meetings are review meetings, and City Council will provide guidance and particulars for the big picture. Mayor Pro Tem Taylor questioned staff regarding if the Mayor can be on the committee. Director Ruthven replied yes. Mr. Carrillo explained there will be updates and briefings provided to City Council at key intervals during this process. Councilmember Wollin questioned staff regarding why two members from the Architectural Review Commission would need to be on the committee. Director Ruthven replied those members are design professionals in the development area, and they are also citizens. He added there have been several members who have requested to be on the committee. Councilmember Wollin questioned staff regarding why 10 for the number of members, why not 12 – 15 members? Director Ruthven replied City Council can appoint as many members as they see fit. Councilmember Wollin stated there need to be plenty of members to cover in the event of people being absent. Mayor Kelly questioned City Council regarding if two members from City Council, Councilmembers Wollin and Mogged, as well as the Mayor, are good. Councilmembers concurred. Mayor Pro Tem Taylor stated he wants to make sure City Council is involved, along the way, in this process. Councilmember Wollin stated she would like Jeff Byerly and Carel Tornes to serve on the CPAC, from the Planning and Zoning Commission. Councilmember Hall concurred. Councilmember Wollin stated she would like Jeff Ground to serve on the CPAC, from the Architectural Review Commission. Councilmembers concurred. Mayor Kelly suggested Curtis Young to serve on the CPAC, from the Architectural Review Commission. Councilmembers concurred. Mayor Kelly stated he would like some citizens on the committee with families, such as Amy Redfearn, Chris Strittmatter, Sean Bryan, Jason Elms, and Mark Collier. Councilmember Wollin suggested Amy Redfearn, since she serves on Colleyville Events Steering Committee, which may help with going forward and planning the City events, and she has younger children. City of Colleyville Page 2 City Council Minutes January 7, 2014 Councilmember Wollin suggested, Dee McNosky, since she has served for several years on various committees, and she will speak her mind. Mayor Pro Tem Taylor questioned City Manager Jennifer Fadden regarding her input. City Manager Jennifer Fadden suggested Mike Leathers, Zoning Board of Adjustment. Mayor Pro Tem Taylor suggested Colby Walton. Councilmember Hart suggested there should be members on CPAC that has tenure within the City, someone like Rob Rutherford. Councilmember Mogged stated the majority of the neighborhoods would need to be covered as well with this membership. Councilmember Short suggested James Day. Councilmember Wollin suggested Nancy Coplen or Karen Deakin from the school district. Mayor Kelly concurred with Karen Deacon. Mayor Pro Tem Taylor suggested having three alternates, especially since this will be a yearlong process. City Manager Jennifer Fadden suggested Jamie Rawlins who lives in the Highland Meadows subdivision. City Manager Jennifer Fadden recapped the membership suggested as: Mayor Kelly, Councilmembers Wollin and Mogged, Jeff Byerly, Carel Tornes, Jeff Ground, Curtis Young, Amy Redfearn, Mike Leathers, Colby Walton, Karen Deakin, Dee McNosky, Jamie Rawlins, and Rob Rutherford. Mayor Pro Tem Taylor suggested adding Louis Miller to the membership. Councilmembers concurred. Mr. Carrillo presented a brief update on the Comprehensive Plan process. Councilmember Hall stated he would like recommendations for bringing the two commercial areas together, along Colleyville Boulevard. Mayor Pro Tem Taylor questioned staff regarding if this plan will be adopted by ordinance. City Manager Jennifer Fadden replied yes. Mayor Pro Tem Taylor questioned staff regarding if this schedule will interfere with the budget process. City Manager Jennifer Fadden replied this schedule is optimistic, but doable. City of Colleyville Page 3 City Council Minutes January 7, 2014 Mayor Pro Tem Taylor stated he did not want this to interfere with the Glade Road project. Councilmember Mogged stated he would like recommendations regarding the space needed for holding the City’s special events, and the need for emphasis on such. Mayor Kelly stated the Colleyville Center is being incorporated into this plan. Councilmember Wollin questioned staff regarding if the Bidault house could be incorporated in the comprehensive plan. City Manager Jennifer Fadden stated the scope of services was approved in October 2013; therefore, staff may need to communicate this addition with the consultant. Mayor Kelly stated there may be input from the citizens regarding the use of the Bidault house. Mr. Carrillo stated the plan may not answer all of the questions, however, it will provide guidance for those particular instances. Councilmember Short stated we are expecting the consultant to provide the expertise on some of these areas, and how it works with Colleyville. Mayor Pro Tem Taylor concurred. PC-2 Discussion of the Sidewalk Policy City Engineer Jeremy Hutt presented this item and briefed City Council. Mayor Kelly questioned staff regarding what escrow means. Engineer Hutt replied paying into escrow means that the primary structure may be finished without constructing the sidewalk, at that time. He added it does not mean that a sidewalk will never be constructed at that location, it means just not at that time. Mayor Pro Tem Taylor questioned staff regarding if the escrow option can be appealed, even though it has been paid, and they have moved into their home. Engineer Hutt explained the applicant must sign the document, prior to the issuance of the building permit, which explains that they wish to construct the sidewalk, or they wish to be considered for the option to escrow. He stated the escrow option will have to be reviewed and approved, and paid prior to the issuance of the building permit. He stated the applicant can come back, and state that they wish to construct the sidewalk, even though they have paid the escrow, and request a refund. He added there will be no waivers issued without approval from City Council. Mayor Kelly questioned staff regarding if the escrow value will equal the construction value. Engineer Hutt stated the escrow funds would be calculated at City of Colleyville Page 4 City Council Minutes January 7, 2014 the cost of construction at the time of such. He added the escrow costs would be enough to fund the reconstruction costs of the sidewalk. Councilmember Mogged and City Attorney Matthew Boyle discussed impact fee assessment and the legal guidelines for such. Councilmember Mogged questioned staff regarding impact fees. City Attorney Matthew Boyle replied there are statutory mechanisms in place for impact fees. He further explained the calculation process. Mayor Kelly questioned staff regarding how the flat fee rate is determined. Public Works Director Bob Lowry replied roadway impact fees are based on trip generations. Councilmember Mogged stated corner lots may pay more for the sidewalk; therefore, a cap may be needed for the sidewalk escrow. Councilmember Hall stated the form needs to be very clear regarding constructing the sidewalk or escrowing the funds for such, and that those funds may be used anywhere within the neighborhood district. Engineer Hutt replied clarification can be given. Mayor Kelly stated it also needs to be clear that just because the escrow is paid, does not mean that a sidewalk will not be constructed. It means the sidewalk will not be constructed at that particular time; it may be built in the future. Councilmember Short questioned staff regarding if there are locations in which there will never be a sidewalk built. Director Lowry replied Kingston Estates does not have sidewalks, nor did they want sidewalks when the street improvement was approved. Councilmember Short questioned staff regarding if a home were to be reconstructed in Kingston Estates, would a sidewalk be required to be built. Engineer Hutt replied an escrow option would be available and approved in that case. City Manager Jennifer Fadden stated there is not an “all out” waiver request in the proposed policy. She stated all new development either builds the sidewalk or pays into escrow. Councilmember Short questioned staff regarding if there will be an instance when the homeowner pays the escrow and then asks when is the sidewalk going to be built? Director Lowry stated the escrow has to be spent within 10 years; however, it may not be spent on the sidewalk in front of that particular home. Engineer Hutt stated if they are allowed to escrow, there would be a reason they were allowed to escrow. City of Colleyville Page 5 City Council Minutes January 7, 2014 Councilmember Short questioned staff regarding if that answer is correct. City Attorney Matthew Boyle concurred. Mayor Pro Tem Taylor stated the connectivity system has to be put in place so that citizens can walk to those commercial districts or parks. Mayor Pro Tem Taylor stated he did not see cul-de-sac streets, where there is not a need for the sidewalk on both sides of the street. Engineer Hutt replied there is no situation where someone is exempt from this policy; both neighbors will pay. He added there may be instances where a PUD-Planned Unit Development may have guidelines for connectivity. City Manager Jennifer Fadden stated the new development and rebuilds would be required to construct a sidewalk. Councilmember Hart stated the vast majority of citizens will not be impacted by this at all. Councilmember Short questioned staff regarding if there is a scenario where there is a small development, and the developer did not want sidewalks. Director Lowry replied only if City Council approved it that way. Councilmember Short questioned staff regarding if that particular developer could be charged an escrow. Director Lowry replied it could be a condition to waive the requirement to construct; however, they would still have to pay an escrow, in lieu of construction. Councilmember Hall questioned staff regarding if a general waiver could be given. City Manager Jennifer Fadden replied yes, through a PUD-Planned Unit Development. Councilmember Mogged stated being concerned about the equity of one side of the street is required and the other is not; it is very expensive, especially for a corner lot. Mayor Kelly stated there are inequities all over, particularly with fencing on corner lots. Councilmember Mogged suggested putting a cap on the escrow amount. Engineer Hutt stated there are instances when the construction value is less than the escrow amount, and staff took that into consideration. Mayor Kelly stated being concerned with a cap amount, since the cap amount may only pay for a certain linear feet, and then the City would have to construct the remainder. City of Colleyville Page 6 City Council Minutes January 7, 2014 Mayor Pro Tem Taylor stated the proposed policy is in the best interest for everyone. Mayor Kelly stated prior to 2008, the policy stated if a house was built, the sidewalk was required, there was no escrow or waiver required. Councilmember Short questioned staff regarding private streets. Director Lowry stated they will have to construct to City standards. Engineer Hutt explained there may be instances when a building permit is held until the sidewalk issue is resolved. PC-3 Discussion of right-of-way mowing Public Works Director Bob Lowry presented this item and briefed City Council. Mayor Kelly questioned staff regarding if some of these areas include bar ditches. Director Lowry replied yes, however, the definition of a bar ditch is to be determined. Councilmember Hall questioned staff regarding if letters will be sent to those homeowners identified. Director Lowry replied yes. Councilmember Hall questioned staff regarding what will happen when those homeowners will not mow their property. Director Lowry replied code enforcement will issue a notice of violation, and if not corrected, a citation could be issued. Councilmember Hart stated having concerns that this will move from being a Public Works issue, to becoming a code enforcement issue. Councilmember Hart questioned staff regarding who can issue a citation. City Manager Jennifer Fadden stated all police officers and one code enforcement officer can issue citations. Councilmember Hart stated he does not want to see these areas overgrown. Director Lowry stated we can have our contractor mow the property, and then issue an invoice to the property owner for payment. Councilmember Hart questioned staff regarding Heritage Avenue. City Manager Jennifer Fadden stated we maintain the west side of Heritage Avenue. Councilmember Short questioned staff regarding Hall-Johnson Road. Director Lowry stated staff does the medians, along with some on the north and south sides of the street. City of Colleyville Page 7 City Council Minutes January 7, 2014 Councilmember Short questioned staff regarding SH26, north of John McCain; does the City have property it maintains? Director Lowry explained there are two pieces of City owned property, along with the monument sign. Councilmember Short questioned staff regarding the railroad right-of-way. Director Lowry stated the City is responsible for maintaining the railroad right-of- way throughout the city limits of Colleyville. Councilmember Short questioned staff regarding the area adjacent to the creek at Longwood. Director Lowry replied that Colleyville owns everything on the west side of the creek, up to the TxDOT right-of-way. Mayor Kelly suggested for staff to let City Council know when the letters are mailed. Director Lowry stated the goal is to have the letters mailed by the end of January. Mayor Pro Tem Taylor stated the letters should be clear on why this is taking place. Councilmember Hall stated a lot of the roads around the City are taken care of by citizens who have adopted these roads. He stated this will be an additional pressure to keep those streets clean. Mayor Kelly stated most property owners will understand. PC-4 Discussion of the January 7, 2014, City Council regular agenda items Mayor Kelly explained the applicant has submitted a letter to withdraw item 5a. City Attorney Matthew Boyle stated it will need to be a motion to accept the withdrawal. Councilmember Hall questioned staff regarding if that applicant will have to go back through the process. City Attorney Matthew Boyle replied yes, back to the Planning and Zoning Commission and then back to City Council. Mayor Kelly adjourned the Pre Council meeting at 6:59 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:46 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 City of Colleyville Page 8 City Council Minutes January 7, 2014 Riley, Code Enforcement Officer Ky Roby, Economic Development Director Marty Wieder, Human Resources Director Michelle Reyes, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, 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, 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 on legal issues related to the Police Department’s Use of Force Policy 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 6:59 p.m. and reconvened at 7:00 p.m. INVOCATION: Counselor in Bishopric Darren Lee, Church of Jesus Christ of Latter-day Saints, Colleyville Ward 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-14-3708 This resolution was not needed. City of Colleyville Page 9 City Council Minutes January 7, 2014 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation in recognition of Jaime Gutierrez, the 2013 Employee of the Year - Mayor David Kelly Councilmember Mogged announced the 2014 Colleyville Police Academy to begin on January 30, through April 24. Mayor Kelly reminded citizens about the State of the City to be held on Thursday, January 23, 2014 at Colleyville Center. Mayor Kelly reminded citizens about the 2014 Citizen Survey. He explained the survey is available on the City’s website, and it has also been mailed out to everyone Mayor Kelly presented a proclamation to Jaime Gutierrez, the 2013 Employee of the Year. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3709 4a Approval of the minutes of the regular City Council meeting of December 17, 2013 4b Approval of a final plat for 53.2 acres on Tracts 1F and 1G, Abstract 1038, of the Hall Medlin Survey, and Tracts 1A02 and 1C, Abstract 295, of the William E. Crooks Survey, located at 7612 and 7624 Pleasant Run Road, Case PC13-021 Mayor Kelly read Resolution R-14-3709 in its entirety. Mayor Kelly opened the public hearing at 7:59 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:59 p.m. Councilmember Wollin moved to approve Resolution R-14-3709. Councilmember Hall 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 10 City Council Minutes January 7, 2014 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a Ordinance O-14-1903 Consideration of a request for approval of a Special Use Permit for an accessory building on Lot 3, Block 1, of the Lavaca Parc Addition, located at 6212 Lantana Court, Case ZC13-019 Mayor Kelly read the caption of Ordinance O-14-1903. Mayor Kelly explained the applicant has submitted a letter to withdraw this item. Councilmember Hart questioned Mayor Kelly regarding if the applicant will have to go back to the Planning and Zoning Commission, if this item is to come back. Mayor Kelly concurred. Mayor Kelly opened the public hearing at 8:00 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:00 p.m. Mayor Kelly moved to approve the applicant’s request to withdraw this item. Mayor Pro Tem Taylor 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, Jody Short, and Tom Hart Abstain: 1 – Councilmember Stan Hall 5b Ordinance O-14-1904 Consideration of a request for a zoning change from the AG- Agricultural zoning district to the PUD-C-Planned Unit Development Commercial zoning district on 2.8 acres out of the J.L. Byas Survey, Abstract 180, located at 1603 and 1605 Hall-Johnson Road, Case ZC13-020 Mayor Kelly read the caption of Ordinance O-14-1904. Community Development Director Ron Ruthven presented this item and briefed City Council. Mayor Kelly opened the public hearing at 8:11 p.m. City of Colleyville Page 11 City Council Minutes January 7, 2014 Fred Monks Sr., 1608 Kingswood Lane, and Tommy Monks, Jr. presented this item and briefed City Council. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:13 p.m. Mayor Kelly questioned staff regarding the proposed commercial zoning. Director Ruthven stated it resembles the CC3-Highway Commercial zoning district or ML- Light Manufacturing. Mayor Kelly questioned staff regarding the Planning and Zoning Commission recommendation of the CN-Neighborhood Commercial zoning district. Director Ruthven replied that would only apply if the property were to redevelop. Councilmember Short questioned staff regarding if the Planning and Zoning Commission recommendation is more appropriate given that this use is adjacent to residential properties. Director Ruthven explained the uses allowed if the current owner is no longer the owner of the subject property. Mayor Kelly stated Mr. Monks was here before there were design standards in place; therefore, any updates to standards may be difficult. He stated the electrical code or any life, safety issues, hazardous materials and such, will need to be addressed. Mayor Kelly questioned staff regarding how were the regulations handled for Hodges Automotive. Director Ruthven replied that was a similar situation where the business was in place for a good length of time; however, they did not have a legal non-conforming status, and were therefore granted a PUD-Planned Unit Development zoning to allow those uses. Mayor Kelly questioned staff regarding what would the requirements be of Mr. Monks with the subject property, as it currently stands. Director Ruthven stated he will have 180 days to bring the subject property into compliance with life safety codes, the Americans with Disabilities Act (ADA), and the electrical code. He added a paved fire lane will be required from the access drive to the subject property. Mayor Kelly questioned staff regarding the ownership of the access. Director Ruthven replied the City of Colleyville. Mayor Kelly questioned staff regarding if Mr. Monks has a public access easement. Director Ruthven concurred, a 25 foot easement. Mayor Kelly questioned staff regarding who really should be responsible for that easement. Director Ruthven replied the ordinance is written so that the applicant is responsible for the easement. City of Colleyville Page 12 City Council Minutes January 7, 2014 Mayor Kelly questioned staff regarding what triggers the need to have the property be ADA compliant. Director Ruthven replied any business must comply with ADA regulations. Mayor Kelly questioned staff regarding if those specifics are known. Director Ruthven replied not specifically. Mayor Kelly questioned staff regarding if the City is responsible to enforce the ADA compliance or federal. Director Ruthven replied the business owner is ultimately responsible; however, all cities enforce those guidelines. Mayor Kelly questioned staff regarding if the certificate of occupancy triggers this compliance. Director Ruthven replied yes. Mayor Pro Tem Taylor questioned staff regarding fencing requirements between the residential uses and this commercial use. Director Ruthven stated all screening would have to meet the code requirements; therefore, an eight foot masonry wall would have to be constructed. He added there is currently an eight foot wood fence along part of the properties to the south. He stated not being sure if the east side of the property is properly fenced. Mayor Pro Tem Taylor questioned Mr. Monks, Jr. regarding if this family owned business will be here for decades to come. Mr. Monks, Jr. replied yes. Mayor Pro Tem Taylor questioned Mr. Monks, Jr. regarding if the customers come to this site. Mr. Monks, Jr. replied no. Mr. Monks, Jr. stated they feel they have a great property to do this business. He added that they have planted several trees along most of the subject property lines. Mayor Pro Tem Taylor questioned Mr. Monks, Sr. regarding how the property was acquired. Mr. Monks, Sr. replied some of the property was purchased from a friend in 2000, and the remainder was purchased in 2002. He stated they were working on this property at the same time Kingswood Estates was being built. Councilmember Mogged stated the adjacent property owners have commented that the business is a good neighbor. Mayor Kelly stated all electrical issues and life safety issues need to be addressed. Mayor Kelly questioned staff regarding emergency access. Fire Chief Brian Riley stated it would be hazardous getting trucks to the facility given the current condition of the road. City of Colleyville Page 13 City Council Minutes January 7, 2014 Mayor Kelly suggested having fire lanes designated so that emergency vehicles may access the buildings. Mr. Monks, Jr. stated he is unclear about the paved fire lane and its location. Mr. Monks, Jr. stated being in favor of putting more concrete down, in the front of the shop, which would allow for the marking of a fire lane, however, the parking portion, he did not feel needed to be paved. He added the fire hydrant is right outside the gate. Mr. Monks, Jr. explained the fire trucks have been on the subject property for fire training and for yearly inspections. Mayor Kelly questioned Mr. Monks, Jr. regarding the buildings located on the property. Mr. Monks, Jr. explained the various buildings and their uses. Mayor Kelly questioned Mr. Monks, Jr. regarding if any chemicals are stored in any of the buildings. Mr. Monks, Jr. replied there are some stored in one of the buildings, however, the MSDS sheets are available for reference. Mayor Pro Tem Taylor questioned Mr. Monks, Jr. regarding if the materials are bagged fertilizer. Mr. Monks, Jr. replied yes. Mayor Pro Tem Taylor questioned Mr. Monks, Jr. regarding what can be done to provide for the family legacy, since the business will be here for the long term. Mr. Monks, Jr. replied he is responsible for taking care of these items. Mayor Pro Tem Taylor stated being concerned about the volatiles on the property. Mayor Pro Tem Taylor stated if the parking and screening are issues for this use, then those issues need to be addressed. Mayor Kelly suggested the Fire Marshal to lay out a plan regarding a fire lane or a proposed parking plan. Mayor Pro Tem Taylor suggested defining the parking areas for employees and such. Mr. Monks, Jr. stated he would like to know exactly what needs to be done. Mayor Pro Tem Taylor questioned staff regarding if they can assist with the parking configuration. Chief Riley replied yes. Mayor Kelly stated staff can provide some guidance. Mr. Monks, Sr. stated he did not feel the area needed to be paved, given that large trucks come to the subject property all the time. Mr. Monks, Jr. stated they want the emergency trucks to be safe. City of Colleyville Page 14 City Council Minutes January 7, 2014 Mayor Pro Tem Taylor stated before the City can sign off on this, these issues have to be addressed. Mr. Monks, Jr. stated he understands there are items in which they must comply with regulations. City Manager Jennifer Fadden questioned City Council regarding screening, the way the ordinance is proposed the screening is required. Director Ruthven added that an eight foot masonry screening wall is required along the east property line. Councilmember Mogged questioned staff regarding the Planning and Zoning Commission recommendation. Director Ruthven stated the recommendations did not include waiving the screening requirements. Mayor Kelly and Director Ruthven discussed the existing screening along the property lines. Councilmember Hall stated this business was there when those homes were built. He stated the only issue is making sure the electrical code is in compliance. Mayor Kelly questioned staff regarding the fencing standards currently in place will be triggered with the certificate of occupancy. Director Ruthven replied yes. Mayor Kelly stated being good with leaving the existing wooden fencing. Director Ruthven questioned City Council regarding if the existing screening is good, or would they rather apply the fencing standards outlined in the code. Councilmember Hall replied to leave the existing screening as is. Councilmember Mogged suggested that the maintenance standards should apply. Mayor Pro Tem Taylor stated these standards should be triggered at the time of ownership or use change. Councilmember Hall stated he does not feel that the applicant should pave the City’s property. Mayor Kelly stated being concerned about the current road conditions for emergency access. He suggested periodic inspections need to be done to ensure the road conditions are good. Mayor Pro Tem Taylor stated being concerned about setting a precedent. Mayor Pro Tem Taylor questioned City Council regarding if this were a brand new request, would the attitude be the same? Councilmember Hall stated no, especially since it would then require compliance upon the change in ownership or use. He stated the electrical issues need to be repaired and addressed, as well as the safety issues. He added the road situation does not need to be addressed, at this time. City of Colleyville Page 15 City Council Minutes January 7, 2014 This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. 5c Ordinance O-14-1905 Consideration for approval of amendments to Chapter 3 - Land Use, Section 3.26-Fences, Free Standing Walls, and Screening Materials, of the Land Development Code, Case GC13-021 Mayor Kelly read the caption of Ordinance O-14-1905. Community Development Director Ron Ruthven presented this item and briefed City Council. Mayor Kelly questioned staff regarding if these standards would apply to new fences. Director Ruthven replied yes. Mayor Kelly opened the public hearing at 8:59 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:59 p.m. Mayor Kelly questioned staff regarding if the proposed ordinance is reflective of the previous discussions. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if the Planning and Zoning Commission’s recommendations have been incorporated in the proposed ordinance. Director Ruthven replied no. Director Ruthven questioned City Council regarding if the direction is to move forward as proposed. Mayor Kelly replied yes. Mayor Pro Tem Taylor stated the Planning and Zoning Commission does not receive the complaints like the City Council receives. He stated these regulations are in place to keep the fences in good repair. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. 5d Ordinance O-14-1906 Consideration for approval of amendments to Chapter 8-Plat Review Procedures of the Land Development Code, Case GC13-022 Mayor Kelly read the caption of Ordinance O-14-1904. City of Colleyville Page 16 City Council Minutes January 7, 2014 Community Development Director Ron Ruthven presented this item and briefed City Council. Mayor Kelly opened the public hearing at 9:03 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 9:03 p.m. Mayor Pro Tem Taylor stated there has been great debate regarding whether or not to change these requirements; however, it is important to note that none of these will require City Council approval. City Attorney Matthew Boyle explained, for clarification, City Council’s only discretion for plats, and the same is true for the Planning and Zoning Commission, is ministerial; meaning if the plat meets the ordinance and requirements, it is legally required to be approved. He stated many cities have removed the plat approval process from City Council approval. He added there is an appeal process to come to City Council in the event that there are waivers requested. Mayor Pro Tem Taylor stated it will be important for the staff members to understand this. Mayor Kelly stated this will now help expedite the process for those developers. Mayor Kelly suggested a report be submitted to City Council regarding the status of the plats. Director Ruthven stated he can summarize plat activity for City Council. This is the first reading of this item; therefore, City Council did not take any action on this item during this meeting. 6. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak regarding this item. 7. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 7, 2014 - Reading and Public Hearing - Resolution R-14-3710 This resolution was not needed. 8. ADJOURNMENT There being no further business before the City Council, Councilmember Mogged moved to adjourn, and Mayor Kelly seconded the motion. City of Colleyville Page 17 City Council Minutes January 7, 2014 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 9:06 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 21ST DAY OF JANUARY 2014. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 18