HomeMy WebLinkAboutCity Council-Minutes-2/4/2014
City of Colleyville
City Council
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, February 18, 2014 City Council Chambers
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
PC-1 Update and discussion on the SH26 reconstruction project
PC-2 Discussion of the Fiscal Year 2015 (FY 2015) budget preparation calendar
PC-3 Presentation of the Quarterly Performance Management Report
PC-4 Presentation of the Monthly Financial Report - January 2014
PC-5 Discussion of the February 18, 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 regarding solicitor
ordinance
Section 551.071 - Legal - Consultation with attorney regarding open
records
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities
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City Council Agenda February 18, 2014
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
RESUME REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Fr. Jonathan McElhone, TOR,
Good Shepherd Catholic Community
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-14-3722
3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
In recognition of Colleyville's featured business - Albertsons Market,
4000 Glade Road, Juan Limon, Service Manager - Mayor David Kelly
and Economic Development Director Marty Wieder
Presentation of the Government Finance Officers Association (GFOA)
Certificate of Achievement for Excellence in Financial Reporting -
Mayor David Kelly, Assistant City Manager and Chief Financial Officer
Terry Leake, and Finance Manager Karen Hines
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3723
4a Approval of the minutes of the regular City Council meeting of
February 4, 2014
4b Approval of an engineering services agreement with Garver, LLC, to
develop a comprehensive master plan for the City's water and
wastewater systems, in an amount not to exceed $497,999, and
authorize the city manager to execute the agreement
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City Council Agenda February 18, 2014
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-14-1907
Approval of amendments to Chapter 9 - Subdivision Design and Public
Facilities in the Land Development Code
5b Ordinance O-14-1908
Approval of amendments to Chapter 3 - Land Use, Section 3.27-
Carport Regulations in the Land Development Code, Case GC13-026
5c Ordinance O-14-1909
Approval of amendments to the Code of Ordinances Chapter 70,
Article II, Section 70-28, Relating to Home Solicitation, Distribution,
and Miscellaneous Sales
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-14-3724
A resolution approving an independent contractor agreement for
Bridge instruction at the Senior Center
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
8. REPORTS
Colleyville Library Board Meeting Minutes - October 14, 2013
Zoning Board of Adjustment Meeting Minutes - January 14, 2014
Planning and Zoning Commission Meeting Minutes - January 27, 2014
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR
FEBRUARY 18, 2014 - Reading and Public Hearing - Resolution R-
14-3725
10. ADJOURNMENT
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City Council Agenda February 18, 2014
I hereby certify this agenda was posted on City Hall bulletin boards Friday,
February 14, 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 Page 4
City of Colleyville
City Council
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, February 4, 2014 City Council Chambers
Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to
order on February 4, 2014, at 5:30 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart.
City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief Brian
Riley, Economic Development Director Marty Wieder, Parks and Recreation and
Library Director Mary Rodne, Recreation and City Events Manager Lisa Escobedo,
Human Resources Director Michelle Reyes, Colleyville Center Manager Leslie Hill,
City Engineer Jeremy Hutt, Development Engineer Dan Hartman, Finance Manager
Karen Hines, Community Development Director Ron Ruthven, Planning and
Development Coordinator Mary Elliott, Parks Superintendent Tim Hightshoe,
Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris
Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley.
PC-1 Presentation of the Senior Center Project Study
Parks and Recreation and Library Director Mary Rodne presented this item and
briefed City Council. Mr. Aaron Babcock, with Hidell and Associates Architects
Inc., presented this item and briefed City Council as well.
Mayor Kelly questioned Mr. Babcock regarding the Colleyville resident’s number on
the chart for peer cities. Mr. Babcock explained those are Colleyville residents
who utilize a peer city facility.
Councilmember Mogged questioned Mr. Babcock regarding how many Colleyville
citizens are utilizing the Senior Center. Recreation and City Events Manager Lisa
Escobedo replied about 100.
Mayor Pro Tem Taylor questioned Mr. Babcock regarding what is attracting our
residents to the other facilities. Mr. Babcock replied programs in which Colleyville
does not offer, such as pottery. He explained the seniors are willing to travel to
utilize other facilities.
Mayor Pro Tem Taylor stated he does not see himself utilizing the Senior Center.
Mr. Babcock replied transforming the facility will provide the platform necessary to
draw in more people. He explained the term “second act” as those persons who
are beginning the second part of their life; people who are empty nesters, and
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City Council Minutes February 4, 2014
baby boomers who are looking for something else to do with the latter part of their
life.
Mayor Pro Tem Taylor questioned Mr. Babcock regarding who is utilizing the Senior
Center. Mr. Babcock replied, from a trends perspective, it is being utilized for a
social aspect for the second act. He stated the atmosphere has to be that of which
someone wants to be there.
Mayor Kelly questioned staff regarding if these numbers are reflective of active
members. Mr. Babcock replied active users. Manager Escobedo added she does
not know how accurate the numbers are for the Colleyville residents in the other
cities’ facilities.
Councilmember Mogged questioned staff regarding the Colleyville resident users.
Manager Escobedo replied the Colleyville resident numbers are closer to 250
users.
Councilmember Short questioned staff regarding the non-resident user number.
Manager Escobedo replied not having an exact number, however the Colleyville
numbers are more than the non-resident users.
Mayor Pro Tem Taylor questioned Mr. Babcock regarding the restroom facilities.
Mr. Babcock stated the code requires a certain number of restrooms versus the
actual location of the restrooms.
Councilmember Hart questioned Mr. Babcock regarding if there is a restroom in
the office area. Mr. Babcock replied yes, there is one restroom.
Councilmember Wollin questioned Mr. Babcock regarding if the other cities have a
stage area in their centers. Mr. Babcock replied no.
Councilmember Wollin questioned Mr. Babcock regarding the demographics of
those who took the Senior Center survey. Mr. Babcock replied the average person
was 50 years of age and older, which is the target audience.
Councilmember Wollin stated at the L.D. Lockett Park meeting, it was expressed
the number one use people want, is a fitness component.
Councilmember Hart questioned Mr. Babcock if the plan consists of an open floor
plan. Mr. Babcock replied yes, the glass component will create the open feel.
Councilmember Wollin questioned Mr. Babcock regarding the existing restroom in
the lower left area. Mr. Babcock replied it would go away.
Councilmember Wollin questioned Mr. Babcock regarding staff’s recommendations
for Plan Option 1. Mr. Babcock stated Plan Option 1 optimizes the space better.
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Councilmember Hart questioned Mr. Babcock regarding his recommendations for
the renovation. Mr. Babcock stated the fitness areas will be utilized more with the
renovations, especially since multi-programs can be served in those areas.
Councilmember Hart questioned Mr. Babcock regarding the senior areas. Mr.
Babcock replied they will utilize all of the areas.
Councilmember Wollin questioned Mr. Babcock regarding the hours of operation.
Mr. Babcock replied the hours of operation will help attract those who are not
currently utilizing the facility.
Mayor Kelly questioned Mr. Babcock regarding what is the primary purpose for this
center; an active adult center or a community oriented facility. Mr. Babcock
stated the target audience states there is a need for a specific user, such as the
active adult. He added there is a need for kid-type camps for summer and spring
break. He stated the proposed plan will allow for those uses.
Mayor Kelly stated being concerned that the center would be underutilized as a
community oriented facility, if the target audience is the active adult user.
Councilmember Hart stated he could see a Colleyville “living center”. He stated he
would like badge access to the facility so that it can be utilized at any time during
the day.
Mayor Kelly questioned City Council regarding if the demand is there to support
the cost of the renovation. Mr. Babcock stated the space is not available to
generate the demand.
Councilmember Wollin questioned Mr. Babcock regarding the Rock House, and can
it accommodate the kid programs to satisfy those needs. Mr. Babcock stated it is
limited in what can be done at the same time.
Councilmember Mogged questioned Mr. Babcock to what extent would Colleyville
then be competing with those businesses that do provide those services. Mayor
Pro Tem Taylor concurred with Councilmember Mogged. Mr. Babcock stated those
businesses were considered during this study. He added that some people have
stated leaving Lifetime Fitness because they no longer feel comfortable going
there.
Councilmember Hart stated he does not believe this facility will compete with
Lifetime Fitness. He added, Colleyville can offer something that other facilities do
not.
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City Council Minutes February 4, 2014
Mayor Pro Tem Taylor questioned Mr. Babcock regarding if a new facility can be
built, since the reconstruction cost is so much. Mr. Babcock replied no, a new
facility will cost $3-5 million.
Mayor Pro Tem Taylor stated being concerned if this is the right time to update
this facility.
Mayor Kelly stated some improvements need to be done to the facility in order to
attract the users.
Councilmember Hall stated the improvements do need to be done to make the
facility more attractive, however, the unknown is that the renovations will actually
bring in more users.
Councilmember Wollin questioned Mr. Babcock regarding the kitchen facility use
during the renovation. Mr. Babcock stated they can consider the phasing around
the kitchen facility.
Councilmember Mogged stated being concerned of where this will fit in with the
other items that need to be addressed. Mayor Kelly concurred, and stated he
would need to think about this more before making a decision on what needs to be
done.
Councilmember Hall stated the issue of funding should not be an issue since
borrowing money from the Parks Tomorrow Fund may be an option.
Councilmember Wollin questioned Mr. Babcock regarding if the annex is attached,
would the restroom facilities need to be done at that time? Mr. Babcock replied
yes.
Councilmember Short questioned Mr. Babcock regarding how the large room, for
events, compares to the Colleyville Center. Mr. Babcock stated the size may be
similar, however, the fitness and other perspectives are not comparable, since
Colleyville Center is more of a meeting space.
City Manager Jennifer Fadden questioned Colleyville Center Manager Leslie Hill
regarding the size of the main room at Colleyville Center. Manager Hill replied
about 10,000 square feet.
Councilmember Short questioned Mr. Babcock regarding if a locker facility will be
necessary for the fitness areas. Mr. Babcock replied yes, eventually there will be a
need for lockers.
Councilmember Hart stated eventually something needs to be done with the
facility. He questioned staff regarding the budget needs. City Manager Jennifer
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City Council Minutes February 4, 2014
Fadden replied staff has estimated the ongoing operating costs to be about
$50,000 a year.
Mayor Kelly questioned staff regarding if the number of retired residents can be
derived. Community Development Director Ron Ruthven replied there are private
marketing firms that can acquire that information. Mr. Babcock stated the census
data does break it down by age.
Mayor Pro Tem Taylor questioned staff regarding if this will interfere with the need
for a new maintenance facility. City Manager Jennifer Fadden replied not in her
opinion.
City Manager Jennifer Fadden stated this may be something we bring back at the
May budget worksession for further review.
Councilmember Hall stated he would like to see the competing priorities, and how
everything competes together to make sound decisions.
Mayor Pro Tem Taylor questioned staff regarding the available funds with the TIF.
City Manager Jennifer Fadden stated there are a lot of demands for those TIF
funds.
PC-2 Presentation of the Quarterly Investment Report
There was no discussion of this item.
PC-3 Discussion of February 4, 2014 City Council regular agenda items
Community Development Director Ron Ruthven explained agenda item 7a.
Councilmember Hall questioned staff regarding if this plat has to be approved.
Mayor Kelly explained that since there were waivers approved with the preliminary
plat, this plat is required to be approved by City Council.
Councilmember Mogged stated this is only a waiver to a plat issue, and by right,
the owner can proceed if the waiver is granted.
Councilmember Hall questioned staff regarding if the opposition letters have any
bearing on the decision. Director Ruthven replied no.
Mayor Pro Tem Taylor questioned staff regarding if a notice was mailed to property
owners within 200 feet of this request, even though it was not required for this
replat. Director Ruthven replied yes, and explained for a rezoning request, the
public notice is required.
Mayor Kelly adjourned the Pre Council meeting at 6:57 p.m.
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City Council Minutes February 4, 2014
The regular meeting of the Colleyville City Council was called to order by Mayor
Kelly at 7:54 p.m.
ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart.
City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer
Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief Brian
Riley, Economic Development Director Marty Wieder, Parks and Recreation and
Library Director Mary Rodne, Colleyville Center Manager Leslie Hill, City Engineer
Jeremy Hutt, Development Engineer Dan Hartman, Finance Manager Karen Hines,
Community Development Director Ron Ruthven, Planning and Development
Coordinator Mary Elliott, Parks Superintendent Tim Hightshoe, Strategic Services
Manager Adrienne Lothery, 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 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 6:57 p.m. and reconvened at 6:58 p.m.
INVOCATION: Pastor Jeff Strickland, Colleyville Assembly of God
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City Council Minutes February 4, 2014
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-14-3714
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Councilmember Mogged invited everyone to a Transportation Town Hall meeting
on Wednesday, February 12 7:00 – 8:30 p.m. at Colleyville Center to discuss the
funding of transportation needs from potholes to toll roads.
Mayor Kelly recognized City Secretary Amy Shelley for earning the Texas
Registered Municipal Clerk certification.
Proclamation in recognition of the Colleyville Garden Club donations of three
Lyman Whitaker wind sculptures and five Nellie R. Stevens' Holly trees and
decorative pots - Mayor David Kelly, Library, Parks and Recreation Director
Mary Rodne, and Colleyville Center Manager Leslie Hill
Mayor Kelly and Library, Parks and Recreation Director Mary Rodne, and Colleyville
Center Manager Leslie Hill presented a proclamation to the Colleyville Garden Club
for their donation of three Lyman Whitaker wind sculptures and five Nellie R.
Stevens’ Holly trees and decorative pots. President Suzanne Hughes thanked the
Mayor and City Council on behalf of the Colleyville Garden Club. Councilmember
Carol Wollin announced the upcoming promenade.
Presentation of the Colleyville Chamber of Commerce Chairman's Award to
the City of Colleyville - 2013 Chairwoman of the Board of Directors Cecilia
Monacelli and Mayor David Kelly
The Colleyville Chamber of Commerce 2013 Chairwoman of the Board of Directors
Cecilia Monacelli presented the Colleyville Chamber of Commerce Chairman’s
Award to the City of Colleyville and Mayor Kelly.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3715
4a Approval of the minutes of the regular City Council meeting of January 21,
2014
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City Council Minutes February 4, 2014
4b Approval of a construction contract with 3D Paving and Contracting, LLC, for
the Fiscal Year 2014 Miscellaneous Concrete Repair Contract, in an amount
not to exceed $403,250, with an option to renew four additional years, and
authorize the city manager to execute the contract
Mayor Kelly read Resolution R-14-3715 in its entirety.
Mayor Kelly opened the public hearing at 8:05 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:05 p.m.
Councilmember Wollin moved to approve Resolution R-14-3715. 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, Stan Hall, Jody Short, and Tom Hart
5. CONTINUED: READING AND PUBLIC HEARING
5a 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 in its entirety.
Community Development Director Ron Ruthven presented this item and briefed
City Council, specifically regarding the proposed fire lane.
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.
Mayor Kelly questioned staff regarding the proposed ordinance. Director Ruthven
explained the proposed regulations in the ordinance.
Councilmember Hart questioned staff regarding if this item was notified for the
public hearing. Director Ruthven replied yes. Mayor Kelly stated there were
letters of support received for this request.
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City Council Minutes February 4, 2014
Mayor Kelly moved to approve Ordinance O-14-1904. 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, Stan Hall, Jody Short, and Tom Hart
6. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
6a Ordinance O-14-1907
Approval of amendments to Chapter 9 - Subdivision Design and Public
Facilities in the Land Development Code
Mayor Kelly read the caption of Ordinance O-14-1907 in its entirety.
City Engineer Jeremy Hutt presented this item and briefed City Council.
Mayor Kelly opened the public hearing at 8:13 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:13 p.m.
Councilmember Mogged questioned staff regarding if there will be a map or plan
used for prioritizing connectivity with sidewalks and trails. Engineer Hutt replied
there is a trail and pathways plan in place, and there are requirements for
sidewalks with new development.
Mayor Kelly stated there may be some sort of a reference map when deciding
where to put sidewalks or place funding to construct sidewalks.
This is the first reading of this item; therefore, City Council did not take any action
on this item during this meeting.
6b Ordinance O-14-1908
Approval of amendments to Chapter 3 - Land Use, Section 3.27- Carport
Regulations in the Land Development Code, Case GC13-026
Mayor Kelly read the caption of Ordinance O-14-1908 in its entirety.
Planning and Development Coordinator Mary Elliott presented this item and briefed
City Council.
Mayor Kelly opened the public hearing at 8:19 p.m.
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City Council Minutes February 4, 2014
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:19 p.m.
Councilmember Hall questioned staff regarding if only the carport regulations have
been addressed, and not the accessory building regulations. Coordinator Elliott
replied correct.
Mayor Kelly questioned staff regarding what “shall be consistent” means in the
Planning and Zoning Commission recommendations for roofing requirements.
Director Ruthven replied the materials should be consistent with the primary
structure.
Mayor Kelly questioned staff regarding the pitch of the carport roof. Director
Ruthven stated it too shall match the primary structure.
Mayor Kelly stated pavestone is listed as one word and then pave-stone, under
materials. He stated Pavestone is a brand name therefore clarification needs to be
done in the regulations regarding the paving material under the carport.
Mayor Kelly questioned staff regarding if there is a way to add more parking
spaces under the carport, especially in a commercial district, since 600 square feet
will only allow for 3.7 parking spaces. Coordinator Elliott stated more spaces could
be allowed, however, if a large retailer wanted a carport, and the proportionally
was done, they could potentially have a 2,000 square foot carport. She stated
staff is trying to consider the regulations from a pedestrian standpoint.
Mayor Pro Tem Taylor stated the architectural elements are still consistent with
the primary structure, even in the commercial district. Director Ruthven
concurred. He stated the only concern may happen with the larger commercial
structures who want a carport.
Councilmember Short questioned staff regarding if there are examples of
commercial carports in the City which, do/do not comply. Director Ruthven replied
yes, and that staff can clarify those requirements at the next meeting.
Mayor Kelly questioned staff regarding those businesses that may have carports in
their business plan/model. Director Ruthven stated those examples can be
clarified for the next meeting.
Mayor Kelly stated being in favor of using the building footprint as a guide and
having a maximum square footage allowed within the commercial districts.
This is the first reading of this item; therefore, City Council did not take any action
on this item during this meeting.
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City Council Minutes February 4, 2014
6c Ordinance O-14-1909
Approval of amendments to the Code of Ordinances Chapter 70, Article II,
Section 70-28, Relating to Home Solicitation, Distribution, and Miscellaneous
Sales
Mayor Kelly read the caption of Ordinance O-14-1909 in its entirety.
Mayor Kelly opened the public hearing at 8:30 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 8:30 p.m.
Mayor Kelly questioned staff regarding the No Knock list. Police Chief Mike Holder
explained the No Knock list and registration process.
Mayor Kelly questioned staff regarding if a solicitor comes to a resident, who is on
the No Knock list, may that resident call the police for assistance. Chief Holder
replied yes.
Mayor Pro Tem Taylor questioned staff regarding if the resident will have to have a
sign for “No Solicitation” before the No Knock list becomes effective. Chief Holder
replied the resident does not need the sign if they are on the No Knock list. He
explained most residents do not want to affix a sign on their nice doors.
Councilmember Hart questioned staff regarding how often the residents register
for this No Knock list. Chief Holder replied the list is a live document and the
vendor is responsible for maintaining the list.
Mayor Pro Tem Taylor questioned staff regarding the time period in which the
resident, who forgot to re-register for the No Knock list, will be removed. Chief
Holder replied he did not know if there is a notification on those who will expire
from the list.
Mayor Pro Tem Taylor stated he would like a way to notify the people, who are
signed up on the list, when their registration will be expiring.
Councilmember Wollin questioned staff regarding if the solicitors must have the list
when coming to the resident’s home. Chief Holder replied the solicitor must refer
to the list.
Councilmember Wollin questioned staff regarding if the resident may call the police
if they are on the No Knock list and a solicitor comes to their door anyway. Chief
Holder replied yes.
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City Council Minutes February 4, 2014
Mayor Pro Tem Taylor questioned staff regarding if this applies to church
visitations, or for political reasons. Chief Holder replied correct, those are
permitted.
This is the first reading of this item; therefore, City Council did not take any action
on this item during this meeting.
7. RESOLUTION(S): READING AND PUBLIC HEARING
7a Resolution R-14-3716
Approval of a request for a replat on 5.7 acres located on Lots A1, B1, and
B1A of The Oaks Addition, located at One, Two, and Three Country Way,
Case PC13-026
Mayor Kelly read Resolution R-14-3716 in its entirety.
Planning and Development Coordinator Mary Elliott presented this item and briefed
City Council.
Mayor Kelly opened the public hearing at 8:40 p.m.
Bryan Holland, applicant, presented this item and briefed City Council.
Ginny Tice, 5801 Hunter Trail, stated having concerns for the drainage caused by
this development. The speaker card indicates she is in support of this request.
Bob Tomerlin, 2 Country Way, stated he appreciated the developer and the efforts
he has made for this development. The speaker card indicates he is in support of
this request.
Judy Rowland, 5900 Hunter Trail, spoke in opposition to this development, and
stated having concerns for drainage.
There were no others present wishing to speak and Mayor Kelly closed the public
hearing at 8:51 p.m.
Mayor Pro Tem Taylor stated he understood that most of the drainage issues will
be going underground with this proposed development. Director Ruthven
concurred.
Mayor Kelly explained the developer is responsible for the water flow from his
property and therefore, engineered plans have to be submitted for review and
approval. He added that the surrounding properties’ water will continue to flow,
but that is not this developer’s issue.
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City Council Minutes February 4, 2014
Mayor Kelly questioned staff regarding the current zoning of this property.
Director Ruthven replied R20-Single Family Residential.
Mayor Kelly questioned staff regarding if this zoning will stay the same. Director
Ruthven replied yes.
Mayor Kelly questioned staff regarding if the property is currently platted. Director
Ruthven replied yes.
Mayor Kelly stated the plat currently meets the requirements, except for the lot
width requirement for the R20 zoning district. Director Ruthven replied correct.
Mayor Kelly stated if all properties met all of the local conditions, the plat would be
required to be approved. Director Ruthven replied correct.
Mayor Kelly questioned staff regarding if all other plans will be submitted for
review before the developer will be able to move forward. Director Ruthven
replied yes.
Mayor Pro Tem Taylor questioned staff regarding if certain design improvements
are in place to correct these problems. Director Ruthven replied yes, this
development cannot worsen the situation.
Mayor Kelly stated this developer can only control his property.
Mayor Kelly moved to approve Resolution R-14-3716. 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
7b Resolution R-14-3717
Approval to adopt a new sidewalk policy and rescind the Supplemental
Sidewalk System Map
Mayor Kelly read Resolution R-14-3717 in its entirety.
City Engineer Jeremy Hutt presented this item and briefed City Council.
Mayor Kelly opened the public hearing at 9:02 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 9:02 p.m.
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City Council Minutes February 4, 2014
Councilmember Hall moved to approve Resolution R-14-3717.
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
7c Resolution R-14-3718
Approval of a resolution accepting the annual audit for Fiscal Year ended
September 30, 2013
Mayor Kelly read Resolution R-14-3718 in its entirety.
Finance Manager Karen Hines introduced Erica Schroer, Manager of Patillo, Brown
and Hill, to present this item and brief City Council.
Mayor Kelly opened the public hearing at 9:11 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 9:11 p.m.
Mayor Pro Tem Taylor thanked Ms. Schroer for the thorough report.
Councilmember Hall thanked City Manager Jennifer Fadden, Assistant City
Manager/Chief Financial Officer Terry Leake and Finance Manager Karen Hines for
their work on this report and their diligence with the taxpayers’ money.
Councilmember Mogged also thanked staff for their outstanding work.
Councilmember Hart echoed Councilmembers Hall and Mogged and thanked staff
for their work.
Councilmember Hall moved to approve Resolution R-14-3718.
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
7d Resolution R-14-3719
Approval of changing the date of the March 4, 2014 regular City Council
meeting
Mayor Kelly read Resolution R-14-3719 in its entirety.
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City Council Minutes February 4, 2014
Mayor Kelly opened the public hearing at 9:14 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 9:14 p.m.
Mayor Kelly moved to approve Resolution R-14-3719. 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
7e Resolution R-14-3720
Calling a General Election for the purpose of electing City Councilmembers to
Place 3 and Place 4
Mayor Kelly read Resolution R-14-3720 in its entirety.
Mayor Kelly opened the public hearing at 9:19 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 9:19 p.m.
Councilmember Wollin moved to approve Resolution R-14-3720. 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, Stan Hall, Jody Short, and Tom Hart
8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
There was no discussion of this item.
9. REPORTS
Sign Board of Appeals Meeting Minutes - September 10, 2013
Zoning Board of Adjustment Meeting Minutes - October 8, 2013
Planning and Zoning Commission Meeting Minutes - January 13, 2014
There was no discussion of this item.
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City Council Minutes February 4, 2014
10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR FEBRUARY
4, 2014 - Reading and Public Hearing - Resolution R-14-3721
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 9:21 p.m.
APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE
18TH DAY OF FEBRUARY 2014.
Minutes taken and prepared by:
Amy Shelley, TRMC
City Secretary
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