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HomeMy WebLinkAboutCity Council-Minutes-3/18/2014 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 www.colleyville.com Tuesday, March 18, 2014 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Presentation of the 2014 Citizen Survey results PC-2 Discussion of second story window requirements for new residential construction PC-3 Update and discussion on the SH26/Colleyville Boulevard Reconstruction Project, and the Tinker Road/Oak Pointe Drive and SH26 Intersection PC-4 Discussion of a date to conduct a worksession for the Glade Road Project and Development Review Process PC-5 Presentation of the Monthly Financial Report - February 2014 PC-6 Discussion of the March 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 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities City of Colleyville Page 1 City Council Agenda March 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: Pastor Brandon Beard, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-14-3726 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Presentation from the Viva La Run race series with Costa Vida and Brooks Shoes, sponsored by Luke's Locker, 5505 Colleyville Boulevard, Suite 102 - Mark Murphy and Paul Hudson - Mayor David Kelly and Economic Development Director Marty Wieder In recognition of Colleyville's featured business - HOOKS U Salsa, P.O. Box 124, Colleyville, Zoubida Hooks, Owner/Creator - Mayor David Kelly and Economic Development Director Marty Wieder Recognition of employees' years of service 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3727 4a Approval of the minutes of the regular City Council meeting of February 18, 2014 4b Approval of the minutes of the City Council Worksession of March 3, 2014 City of Colleyville Page 2 City Council Agenda March 18, 2014 4c Approval of a Toshiba Business Solutions Lease and Maintenance Agreement for multi-function photocopiers, for a period of 63 months, and authorizing the city manager to execute the agreement 4d Approval of a construction contract with JLB Contracting, LLC, for the Fiscal Year 2014 Street Reclamation and Miscellaneous HMAC Project, in an amount not to exceed $1,967,150, with an option to renew four additional years, and authorize the city manager to execute the contract 5. CONTINUED: READING AND PUBLIC HEARING 5a 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-14-1911 Approval of an amendment to the Code of Ordinances, Part II, Appendix A, Water and Sewer Policy and Procedures Manual, relating to the rates for use of fire hydrant meters 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-14-3728 Consideration of appointments to the Colleyville Center Advisory Committee 7b Resolution R-14-3729 Consideration of appointments to the Colleyville Tree Board 7c Resolution R-14-3730 Consideration of appointments to the Park Land Dedication Committee 7d Resolution R-14-3731 A resolution authorizing participation in, and acceptance of, non- matching grant funding for the mobile crime scene unit, and designating the city manager as the authorized official City of Colleyville Page 3 City Council Agenda March 18, 2014 7e Resolution R-14-3732 Approval of a preliminary plat on 97 acres of Abstract 685 of the John H. Havens Survey, and Abstract 1734 of the S.C.H. Witten Survey, located in the 4900 block of Heritage Avenue, Case PC13-027 7f Resolution R-14-3733 Consideration of a waiver request to Section 42-27(13)c(8) of the Colleyville Code of Ordinances regarding restrictions on construction working hours 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Parks and Recreation Advisory Board Meeting Minutes - October 21, 2013 Planning and Zoning Commission Meeting Minutes - February 10, 2014 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MARCH 18, 2014 - Reading and Public Hearing - Resolution R-14-3734 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, March 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, March 18, 2014 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on March 18, 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, Human Resources Director Michelle Reyes, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Management Analyst James Hubbard, Finance Manager Karen Hines, Planning and Development Coordinator Mary Elliott, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Recreation and City Events Manager Lisa Escobedo, 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 2014 Citizen Survey results Strategic Services Manager Adrienne Lothery presented this item and briefed City Council. Andrea Thomas with National Service Research was also present to answer City Council questions regarding the survey results. Mayor Kelly stated the demographics of the persons who responded may have an influence on the results of some of the questions, such as Q1b specifically to the mobile apps. Ms. Thomas concurred. Councilmember Mogged questioned staff regarding if this question would compare to the 2012 survey. Manager Lothery explained this is a new question for the 2014 survey. Mayor Kelly stated the respondents filled out paper surveys, but the survey results indicate they prefer online. Councilmember Short concurred. Councilmember Hart questioned staff regarding question Q1c. Ms. Thomas replied that the respondents prefer for the survey to be “send it to me directly, I don’t want to have to go to a link.” She added they prefer to take the survey online. City of Colleyville Page 1 City Council Minutes March 18, 2014 Councilmember Mogged questioned staff regarding if question Q4 has the streets listed in the frequency of comment order. Ms. Thomas replied not exactly. She further added she does have a chart with the percentages listed. Councilmember Mogged stated he would like to see the chart. Mayor Pro Tem Taylor questioned staff regarding if the streets are ranked in the order in which they scored. Ms. Thomas replied not exactly. Mayor Kelly questioned Ms. Thomas regarding if everyone responded to this question. Ms. Thomas replied no. She stated there were 408 total mentions of traffic control, and Glade Road was number one at nine percent. She stated there were several mentions of SH26, but they would also mention SH26/John McCain, SH26/Hardage, and SH26/Tinker. She further explained the streets and percentages. Mayor Kelly stated the total number of respondents for each street would be beneficial to compare the relationship. Ms. Thomas stated it can be provided. Mayor Pro Tem Taylor questioned Ms. Thomas regarding if there was a higher than nine percent response for question Q4. Ms. Thomas replied not on the traffic issues. Mayor Pro Tem Taylor questioned Ms. Thomas regarding the “more trail connections to other trails,” percentage? Ms. Thomas replied 18.5 percent. Mayor Pro Tem Taylor stated he automatically thought the listings were ranked from highest to lowest. Mayor Pro Tem Taylor stated the 98 percent seems extremely high for the overall quality of life in Colleyville in question Q7a. He further referenced the technical notes. Ms. Thomas replied City Council can be 95 percent confident that the results are accurate, within a plus or minus of three percent. Mayor Pro Tem Taylor questioned staff regarding a previous discussion at the City Council Candidate Orientation. City Manager Jennifer Fadden explained this is not a random sample survey. Councilmember Hall stated the margin of error is three percent. Ms. Thomas stated the response rate was also very high and that the “No Opinion” responses were included. City Manager Jennifer Fadden questioned Ms. Thomas regarding what the difference may be if it were a random sample. Ms. Thomas replied it would be the same, however it depends on the number of responses. City of Colleyville Page 2 City Council Minutes March 18, 2014 Mayor Pro Tem Taylor questioned Ms. Thomas regarding if the higher number of responses received by this survey are comparable to a smaller random sample. Ms. Thomas replied yes. She further explained using an exhibit for the respondents. Mayor Pro Tem Taylor stated everyone needs to see this exhibit. Ms. Thomas stated she would provide this information to everyone. Councilmember Wollin questioned Ms. Thomas regarding what were the other metroplex cities, as referred to in question Q7c. Ms. Thomas replied cities such as Grapevine and Fort Worth. Mayor Pro Tem Taylor questioned staff regarding if the respondents are satisfied with athletic fields, or is there a change in the demographics of the City that there is no longer a need for them? Manager Lothery stated it is a little bit of both. Mayor Kelly concurred, and stated the higher age and the demographics of the respondents speak to that, they are not using those athletic fields. Mayor Pro Tem Taylor stated the answers, to some of the other questions, add to that too, in that the respondents want more passive improvements to the park facilities. Councilmember Short added some of the demographics could be drilled down a little to know better the age of the respondents. Councilmember Mogged stated especially as it relates to playing versus practice fields. Ms. Thomas stated there were open ended questions from respondents asking, “Why can’t we use parks for practice?” Mayor Pro Tem Taylor concurred, every year that is a concern for most, especially the select teams. He stated accommodations cannot be made for everyone. Ms. Thomas stated she could provide the specific comments about each park. Councilmember Wollin questioned staff regarding if there were any comments about the splash pad. Ms. Thomas replied some were a little upset about the watering restrictions with the splash pad. Mayor Kelly questioned staff regarding if question Q11a is a new question. Manager Lothery replied yes. Councilmember Wollin stated people do not receive medical attention monthly, as seen in question Q11a. Manager Lothery explained that there may be some other comparison data. Mayor Pro Tem Taylor questioned staff regarding what types of big box retailers. Ms. Thomas replied those such as Lowes and Home Depot. City of Colleyville Page 3 City Council Minutes March 18, 2014 Mayor Kelly questioned staff regarding if question Q12 should be “what types of retail are needed,” or “what types are more or additionally needed?” Manager Lothery replied it can be interpreted as being more; however, they may be responding since Whole Foods is not yet there. Councilmember Mogged stated the confusion is there, either “we need what we have, or we need to get more.” Mayor Kelly stated the respondents stated there is a high need for additional trails and sidewalks; however, when asked to prioritize the needs, additional trails and sidewalks were lower on the list. Mayor Pro Tem Taylor questioned staff regarding what was the purpose in the separation of trails and sidewalks, as listed as numbers five and six on question Q14b? Manager Lothery stated in order to show the importance of trail connection versus the standard sidewalks. Mayor Pro Tem Taylor stated they are both needed. Councilmember Mogged questioned Ms. Thomas regarding if those two items would move up in the list if they had been listed as one item versus two. Ms. Thomas stated she would have to review it to get the exact counts. She stated she did not feel there would be a significant difference. Mayor Pro Tem Taylor questioned Ms. Thomas regarding “slow down traffic in neighborhoods for question Q14b, were any particular streets or neighborhoods listed? Ms. Thomas replied no. Mayor Pro Tem Taylor questioned Ms. Thomas regarding the number of respondents for that question. Ms. Thomas replied 1,325. Councilmember Wollin questioned Ms. Thomas regarding if number one was weighted more heavily than the second in question Q14b. Ms. Thomas replied no, they were equal. Councilmember Short questioned staff regarding the demographics of the respondents from previous years. Manager Lothery used an exhibit to show the 2010 census data versus the 2014 survey respondents. Ms. Thomas stated the census data includes the entire population, including children under the age of 18. She stated if the head of household age was reflected, the comparisons on the chart would be very similar. Manager Lothery explained 7.5 percent of the citizens of Colleyville are between the ages of 20-34. Councilmember Short stated it appears that there is about a 10 year shift between folks on the ground versus the respondents. Manager Lothery stated the age groups, for example 35-44, and the differences in the respondents are not that different. City of Colleyville Page 4 City Council Minutes March 18, 2014 Councilmember Mogged stated the older population responded. Ms. Thomas stated 13 percent responded of having college age students living at home. PC-2 Discussion of second story window requirements for new residential construction Community Development Director Ron Ruthven presented this item and briefed City Council. Mayor Pro Tem Taylor stated there have been a number of projects where the requirement is that there shall be no windows on the second floor or sides. He stated long term it affects the resale of the property; it no longer has the same opportunities as other properties. He stated he would rather the standards be set higher. He stated there are public safety issues involved. Mayor Kelly stated currently, windows can be placed in the bedroom area, at least one. He stated if it is a PUD situation, they have to ask for a waiver to this requirement. Mayor Kelly questioned staff regarding what happens if there is a bedroom where they have been exempted windows. Director Ruthven stated the building code overrides any PUD requirement; therefore they could not put in a bedroom, it would then be classified as storage, but not a bedroom. He stated this issue has been covered with the building inspectors. Councilmember Short stated the applicant could opt to not put in a bedroom on the second floor. Director Ruthven concurred. Mayor Pro Tem Taylor stated City Council faces these issues only when a developer comes in and the adjacent property owners do not want the second floor windows. Director Ruthven concurred. Mayor Kelly explained that the developer is only requesting the “no windows” when the neighbors are requesting the developer to not put in any windows. Councilmember Mogged questioned staff regarding if we restrict one side, they still have the option to place the windows on the other sides, unless the other sides are limited. Mayor Pro Tem Taylor stated there have been instances where the structures are close together. He stated the problem becomes when someone wants to remodel their structure. City of Colleyville Page 5 City Council Minutes March 18, 2014 Mayor Kelly questioned staff regarding if any provisions are such that they cannot be waived. Director Ruthven stated there is nothing in the code, other than the building code, that would prevent a waiver to be requested. Mayor Kelly stated there are no windows on the back side of his home; however, there are windows in the bedrooms. He stated every side of the house should not be so that each side has a window. Mayor Pro Tem Taylor stated being uncomfortable with there being no windows in the bedrooms. Councilmember Short stated there needs to be something in place to protect the privacy of the folks who already exist. Mayor Pro Tem Taylor concurred. Councilmember Short stated the differentiation may be that the prospect of having one single family home, rather than three single family homes, adjacent to the property, is impacted by those multiple homes versus just the one. Councilmember Hall stated he has seen windows blacked-out for media rooms. Mayor Pro Tem Taylor stated there are times when kids are sleeping over with friends and they sleep in the media room. Mayor Kelly stated it is incumbent upon City Council to make those proper decisions. Councilmember Hart stated this only effects a few platted developments. Mayor Pro Tem Taylor stated this goes back to property rights. Councilmember Short stated if the homes are comparable in size and set-back an equal distance, we have an obligation to protect the existing neighbors. Councilmember Mogged stated elevation plays into this as well, especially if one home sits higher than another. Mayor Pro Tem Taylor stated they should use obscure glass, and natural sunlight is needed for efficient homes. He stated the perspective has to be considered. PC-3 Update and discussion on the SH26/Colleyville Boulevard Reconstruction Project, and the Tinker Road/Oak Pointe Drive and SH26 Intersection City Engineer Jeremy Hutt presented this item and briefed City Council. Councilmember Hall questioned staff regarding the March 2015 date. Engineer Hutt replied it is for Phase I. City of Colleyville Page 6 City Council Minutes March 18, 2014 Councilmember Mogged questioned staff regarding if the $270,000 would be for the temporary road. Engineer Hutt replied yes, a temporary road and signal with no use. Councilmember Mogged questioned staff regarding how much would be wasted, not applicable down the road, due to the final configuration. Engineer Hutt replied approximately $440,000 would be the transitional pavement, and an additional $300,000 for drainage between Hall-Johnson Road and Tinker Road. Councilmember Hall questioned staff regarding the timing for option five for a complete road re-build. Engineer Hutt replied the next phase of construction, which is Brown Trail to Hall-Johnson Road, is to be let in December. He added this option would not necessarily be constructed at the same time, depending on the contractor. Councilmember Hall questioned staff regarding how long to complete the middle section, if done by itself? Engineer Hutt replied the plans are almost ready, and once the funding was identified, within 12 months. Mayor Kelly stated the decision which needs to be made is, what to do with the balance of SH26. Councilmember Hall stated the Tinker Road intersection needs to be addressed. Mayor Kelly stated there are options, such as going through the business complex adjacent to this development. Mayor Pro Tem Taylor questioned staff regarding if there is any news on the TxDOT pass through, which may take care of this problem. City Manager Jennifer Fadden replied that there is no additional news, at this time. Mayor Pro Tem Taylor stated being sure the residents want this to be done correctly. Councilmember Short stated it appears options one and two can be done within 12 months; however, everything else is outside of that timeframe. Mayor Kelly stated those residents knew this was going to be considered with future adjustments to this intersection. Mayor Pro Tem Taylor questioned City Council regarding if these residents have spoken to the residents of Broughton to use as access. Councilmember Mogged stated the Broughton Homeowners Association did not go for that option. Mayor Kelly stated there are other remedies; he added he would not want to use capital funds for this particular project. City of Colleyville Page 7 City Council Minutes March 18, 2014 Councilmember Hart questioned staff regarding if an additional 30 days is needed. City Manager Jennifer Fadden explained that Councilmember Mogged has requested this item be on the agenda, monthly, in which to discuss it. She stated there may be times when staff does not have a lot of information in addition to the reports being sent. She stated as soon as she has an update from TxDOT, she will provide that to City Council. She stated TxDOT does, however, need an answer by July 1 on whether or not the City wants to proceed with constructing this phase. Councilmember Hall questioned staff regarding if it would cost a lot to improve Wyatt Drive. Engineer Hutt replied it would cost approximately $50,000 to rehabilitate the existing pavement. Mayor Pro Tem Taylor questioned staff regarding the vehicular traffic from Oak Pointe Drive. Engineer Hutt replied he did not have that number. Councilmember Mogged stated there are about 300 trips per day. Councilmember Mogged questioned staff regarding if there are any options for a grant for safety situations. Engineer Hutt replied there are, however, they take a lot of time and effort to acquire. He stated the focus is currently on the entire SH26 corridor, as a whole. City Manager Jennifer Fadden stated there is a current call for project from TxDOT. She stated currently the City has engaged an engineer to help us with that application for this particular intersection. She stated since she does not know what the odds are for receiving this, she does not want City Council to expect to rely on the grant. Mayor Kelly stated there have been options since day one, therefore solutions are in the future. Mayor Pro Tem Taylor stated there is other information needed. PC-4 Discussion of a date to conduct a worksession for the Glade Road Project and Development Review Process City Manager Jennifer Fadden presented this item and briefed City Council. Councilmembers expressed that April 16 would be good for a worksession at 6:00. PC-5 Presentation of the Monthly Financial Report - February 2014 There was no discussion of this item. PC-6 Discussion of the March 18, 2014, City Council regular agenda items Mayor Kelly adjourned the Pre Council meeting at 7:01 p.m. City of Colleyville Page 8 City Council Minutes March 18, 2014 The regular meeting of the Colleyville City Council was called to order by Mayor Kelly at 7:43 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Fire Chief Brian Riley, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Human Resources Director Michelle Reyes, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Planning and Development Coordinator Mary Elliott, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, 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 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 – Economic Development - Discuss or deliberate regarding commercial or financial information that the City has received from business prospects that the City seeks to have locate, stay, or expand in the City and with which the City is conducting economic development negotiations; deliberate the offer of a financial or other incentive to a business prospect Mayor Kelly explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 7:01 p.m. and reconvened at 7:02 p.m. INVOCATION: Pastor Brandon Beard, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 9 City Council Minutes March 18, 2014 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-14-3726 Mayor Kelly read Resolution R-14-3726 in its entirety. Mayor Kelly opened the public hearing at 7:44 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 7:44 p.m. Councilmember Hart moved to approve Resolution R-14-3726. 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 3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Councilmember Hall stated the Citizens on Patrol convention held last Saturday, March 15, was a great success. Mayor Kelly announced the Colleyville Fire Department is accepting applications for the Citizens Fire Academy. This is a six-week program with classes every Thursday evening. Classes are conducted from 6:30 to 9:30 p.m. and at least half of each class is a hands-on, interactive experience in firefighting. This year’s Academy runs from March 27 through May 1. The free program is available to Colleyville residents and those who work in Colleyville, and is open to both men and women. The class is offered free of charge as a service to those who live and/or work in Colleyville. The Colleyville Fire Department’s Citizens Fire Academy is offered only once each year. Class size is limited to 12. Participants must be 18 or older. Applications are available at the Central Fire Station or online. Applications must be received by March 21. He further explained the class schedule for each week. City Manager Jennifer Fadden announced Standard & Poor’s Ratings Services has upgraded the City’s waterworks and sewer system bonds from AA-plus to AAA. The upgrade reflects the system’s “very strong” coverage and liquidity levels, coupled with a rapid debt amortization schedule. Standard & Poor’s also cited the low debt burden and bond provisions—all emblematic of sound, financial management—as further reasoning for the upgrade. This is the City’s third AAA City of Colleyville Page 10 City Council Minutes March 18, 2014 rating; the others are for general obligation (ad valorem tax) bonds and drainage utility bonds—giving the City an AAA trifecta. According to Jim Sabonis of First Southwest, the City’s Financial Advisor, Colleyville may be the only city in the State of Texas to carry AAA ratings on three types of bonds. She expressed her congratulations to the Mayor and City Council for setting and guiding the community’s high financial expectations, and of course to Terry Leake, who has been our consistent, tenacious steward of the City’s finances for now more than 23 years. Presentation from the Viva La Run race series with Costa Vida and Brooks Shoes, sponsored by Luke's Locker, 5505 Colleyville Boulevard, Suite 102 - Mark Murphy and Paul Hudson - Mayor David Kelly and Economic Development Director Marty Wieder Mark Murphy, Luke’s Lockers presented the City of Colleyville with an $812.00 check from proceeds of the participation in the Viva La Run race series with Costa Vida and Brooks Shoes, sponsored by Luke's Locker, for the sidewalks and trails fund. Mayor David Kelly and Economic Development Director Marty Wieder expressed their appreciation to Mr. Murphy. In recognition of Colleyville's featured business - HOOKS U Salsa, P.O. Box 124, Colleyville, Zoubida Hooks, Owner/Creator - Mayor David Kelly and Economic Development Director Marty Wieder Mayor David Kelly and Economic Development Director Marty Wieder recognized Zoubida Hooks, Owner/Creator of HOOKS U Salsa, as the featured business. Ms. Hooks expressed her appreciation to Mayor David Kelly and Economic Development Director Marty Wieder. Recognition of employees' years of service Mayor Kelly recognized the following employees for years of service. Police Officer Andrew Bray, Youth Services Assistant Dayle Callender-Aggor, Police Officer Micah Hayman, Strategic Services Manager Adrienne Lothery, City Manager Jennifer Fadden, Police Officer John Retzos, Pump Maintenance Operator Scott Ham, Administrative Secretary Kathy Moore, and School Resources Officer Gary Moore, for their years of service. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3727 4a Approval of the minutes of the regular City Council meeting of February 18, 2014 City of Colleyville Page 11 City Council Minutes March 18, 2014 4b Approval of the minutes of the City Council Worksession of March 3, 2014 4c Approval of a Toshiba Business Solutions Lease and Maintenance Agreement for multi-function photocopiers, for a period of 63 months, and authorizing the city manager to execute the agreement 4d Approval of a construction contract with JLB Contracting, LLC, for the Fiscal Year 2014 Street Reclamation and Miscellaneous HMAC Project, in an amount not to exceed $1,967,150, with an option to renew four additional years, and authorize the city manager to execute the contract Mayor Kelly read Resolution R-14-3727 in its entirety. Mayor Kelly opened the public hearing at 8:04 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:04 p.m. Mayor Pro Tem Taylor questioned staff regarding if an inventory has been done for the entire City. Strategic Services Manager Adrienne Lothery replied yes, and she further explained the inventory process. Mayor Pro Tem Taylor questioned staff regarding if the inventory included areas in which there is heavy traffic for one copier versus another. Manager Lothery replied yes, and an additional multi-function copier has been added for that reason. Mayor Kelly questioned staff regarding if an inventory had been done in the past. City Manager Jennifer Fadden briefly explained the past inventory and Manager Lothery added with an end result in the reduction of 27 desktop printers. Mayor Pro Tem Taylor questioned staff regarding if this contract will allow for cubic allotments of materials. Engineer Hutt replied yes, to use throughout the City as needed. Councilmember Mogged questioned staff regarding last year’s contract versus this year’s contract, are there any issues related to the quality or timeliness, or is this strictly a price change? Engineer Hutt replied there were scheduling conflicts with the Interlocal Agreement from last year, especially since Colleyville was not the primary holder of the contract. Councilmember Mogged questioned staff regarding if there will be an improvement with the timeliness and the economics of it as well. Engineer Hutt concurred. City of Colleyville Page 12 City Council Minutes March 18, 2014 Councilmember Mogged questioned staff regarding if 100 percent of the allocation was spent last year. Engineer Hutt replied about the same dollar amount on asphalt construction, however, there was carry-over from 2012, therefore this is about twice what has been done on an annual basis to account for those needs appearing on major arterials that cannot be performed in-house. Councilmember Wollin moved to approve Resolution R-14-3727. 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 5. CONTINUED: READING AND PUBLIC HEARING 5a 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 the item and briefed the 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. Mayor Kelly stated the maximum of 600 square feet, with four parking spaces was the previously allowed; however, the revision will allow for six parking spaces but any number above six would require approval by the Planning and Zoning Commission. Councilmember Hall questioned staff regarding if the existing carports would be legal non-conforming. Coordinator Elliott replied correct, and with reconstruction, they would have to comply with the code requirements. Mayor Kelly questioned staff regarding what would happen if the material coverings are damaged by the weather. Director Ruthven stated those are considered tents, therefore they would not be allowed to be reconstructed as they currently exist. Mayor Pro Tem Taylor questioned staff regarding if those can be reconstructed. Director Ruthven replied no. City of Colleyville Page 13 City Council Minutes March 18, 2014 Councilmember Hart moved to approve Ordinance O-14-1908. 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-14-1911 Approval of an amendment to the Code of Ordinances, Part II, Appendix A, Water and Sewer Policy and Procedures Manual, relating to the rates for use of fire hydrant meters Mayor Kelly read the caption of Ordinance O-14-1911 in its entirety. Public Works Director Bob Lowry presented the item and briefed the City Council. Mayor Kelly opened the public hearing at 8:19 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:19 p.m. Mayor Kelly questioned staff regarding if the ordinance will allow for the future rate increases for the Trinity River Authority (TRA). Director Lowry replied yes, it will automatically adjust with the annual rate increases. City Attorney Matthew Boyle concurred. 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-14-3728 Consideration of appointments to the Colleyville Center Advisory Committee Mayor Kelly read Resolution R-14-3728 in its entirety. Mayor Kelly opened the public hearing at 8:21 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:21 p.m. City of Colleyville Page 14 City Council Minutes March 18, 2014 Mayor Kelly moved to approve Resolution R-14-3728, appointing Judith Goodwin and Tevon Taylor to at-large positions, to a term expiring December 2015. 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 7b Resolution R-14-3729 Consideration of appointments to the Colleyville Tree Board Mayor Kelly read Resolution R-14-3729 in its entirety. Mayor Kelly opened the public hearing at 8:22 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:22 p.m. Councilmember Short moved to approve Resolution R-14-3729, appointing Ajit Purandare, representing the Parks and Recreation Advisory Board, Brenda Ritz, Nancy Coplen, and Natalie Genco, representing Keep Colleyville Beautiful, to serve a term to December 2015, concurrent with their terms on the Parks and Recreation Advisory Board, and Keep Colleyville Beautiful. 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 7c Resolution R-14-3730 Consideration of appointments to the Park Land Dedication Committee Mayor Kelly read Resolution R-14-3730 in its entirety. Mayor Kelly opened the public hearing at 8:24 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:24 p.m. Councilmember Wollin moved to approve Resolution R-14-3730, appointing Leti Carson, to serve with a term expiring December 2015 and City of Colleyville Page 15 City Council Minutes March 18, 2014 Suzanne Hughes, to serve with a term expiring December 2014. 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 7d Resolution R-14-3731 A resolution authorizing participation in, and acceptance of, non- matching grant funding for the mobile crime scene unit, and designating the city manager as the authorized official Mayor Kelly read Resolution R-14-3731 in its entirety. Police Chief Mike Holder presented this item and briefed City Council. Mayor Kelly opened the public hearing at 8:28 p.m. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:28 p.m. Councilmember Mogged questioned staff regarding how this would have helped given the recent incident on Lexington. Chief Holder replied this could not be discussed given the current investigation; however, with a major crime scene, outside agencies are relied upon, with a significant time delay. He stated moving forward is difficult when working with other agency timeframes. He stated if this is done in-house, the time can be cut by a third. Mayor Pro Tem Taylor questioned staff regarding if training is included with this grant. Chief Holder replied the officers are currently in the process of training the detectives, and some are already highly trained officers. He added there will be cross training to take place as well. Mayor Pro Tem Taylor questioned staff regarding if there is a benefit to having another agency assist with crime scene investigations. Chief Holder replied not necessarily. He added he would rather control the scene so that the liability, in the vast majority of cases, is controlled within the department policies. Mayor Kelly questioned staff regarding if this training will include the Colleyville CSI team. Chief Holder replied they will be a part of the crash team. Mayor Pro Tem Taylor questioned staff regarding not seeing an amount. Chief Holder stated it is capped at $84,000, and not specific to a vendor. City of Colleyville Page 16 City Council Minutes March 18, 2014 Councilmember Hart moved to approve Resolution R-14-3731. 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-14-3732 Approval of a preliminary plat on 97 acres of Abstract 685 of the John H. Havens Survey, and Abstract 1734 of the S.C.H. Witten Survey, located in the 4900 block of Heritage Avenue, Case PC13-027 Mayor Kelly read Resolution R-14-3732 in its entirety. Community Development Director Ron Ruthven presented this item and briefed City Council. Mayor Kelly opened the public hearing at 8:37 p.m. Bret Pedigo, Terra/Manna, presented this item and briefed City Council. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:39 p.m. Mayor Kelly questioned staff regarding if the Master Thoroughfare Plan designates Heritage Avenue as a four lane, divided street. Director Ruthven replied correct. Mayor Kelly questioned staff regarding if this plat will accommodate the 65 foot right-of-way, the 10 foot trail, and any additional needs for drainage. Director Ruthven replied yes. Mayor Kelly moved to approve Resolution R-14-3732. 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 7f Resolution R-14-3733 Consideration of a waiver request to Section 42-27(13)c(8) of the Colleyville Code of Ordinances regarding restrictions on construction working hours Mayor Kelly read Resolution R-14-3733 in its entirety. City of Colleyville Page 17 City Council Minutes March 18, 2014 Community Development Director Ron Ruthven presented this item and briefed City Council. Mayor Kelly opened the public hearing at 8:43 p.m. Scott Woodruff, Centennial Real Estate Management, presented this item and briefed City Council. There was no one present wishing to speak and Mayor Kelly closed the public hearing at 8:44 p.m. Mayor Kelly questioned Mr. Woodruff regarding if any trucks will be working in the back of the center with the extended work hours. Mr. Woodruff replied nothing other than the staging of the materials, which will be picked up through the backside of the Whole Foods area. Mayor Kelly stated the only concern is noise from movement on Sunday. Councilmember Hall questioned Mr. Woodruff regarding if the planned opening day is July 8. Mr. Woodruff replied yes. Mayor Pro Tem Taylor stated not having an issue with the extended work hours; however, the extended work hours on the weekends, with the hard construction noises, is really an issue. Mr. Woodruff stated most of the work is being done on the front side of the building. He stated the backside of the building will be painted. He stated the backside work will be completed during the normal work hours. Mayor Kelly stated this will help them to move along with completing the project. Councilmember Short questioned staff regarding what has been the past experience with the contractor following the rules. Director Ruthven replied they were given a warning by the Police Department that is why they are requesting this extension of the work hours. Councilmember Hall stated there are others who are currently violating this ordinance. Councilmember Wollin questioned staff regarding how the sound noise will be monitored. Director Ruthven replied it would be taken strictly on a complaint basis, if the residents call it in and complain. Mayor Kelly stated hopefully the contractor will follow these standards. City of Colleyville Page 18 City Council Minutes March 18, 2014 City Manager Jennifer Fadden recommended citizens to call 9-1-1 or the non- emergency number for dispatch if they witness an event with construction noise. She stated an officer will then be dispatched as the workload will allow. Councilmember Hall moved to approve Resolution R-14-3733 with the amendment to allow Monday through Friday only extended operating hours until 8:00 p.m., with an expiration of this waiver on July 8, 2014. This motion died for the lack of a second. Mayor Pro Tem Taylor stated he would like the extended hours to apply to Sunday, and apply to the same requirements, to the street and inside. Mayor Pro Tem Taylor moved to approve Resolution R-14-3733 with the additional amendment to extend the Monday through Saturday work hours by two hours, with the same requirements as the Sunday consideration in this resolution. Councilmember Wollin stated the times for Sunday were not mentioned specifically in the motion. Mayor Pro Tem Taylor stated he thought it was until 6:00 p.m. Councilmember Wollin stated it was not specific to the time. Mayor Pro Tem Taylor questioned Mr. Woodruff regarding if Saturday and Sunday, 8:00 a.m. to 6:00 p.m., would work. Mr. Woodruff replied yes. Mayor Pro Tem Taylor questioned Mr. Woodruff regarding if Monday through Friday, 7:00 a.m. to 8:00 p.m. would work. Mr. Woodruff replied yes. City Manager Jennifer Fadden clarified the request is for work hours to be Monday through Saturday, 7:00 a.m. to 8:00 p.m. 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 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Trudie Troublefield, 405 Eventide Way, spoke regarding her charitable cause. 9. REPORTS Parks and Recreation Advisory Board Meeting Minutes - October 21, 2013 Planning and Zoning Commission Meeting Minutes - February 10, 2014 City of Colleyville Page 19 City Council Minutes March 18, 2014 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MARCH 18, 2014 - Reading and Public Hearing - Resolution R-14-3734 This resolution was not needed. 11. ADJOURNMENT There being no further business before the City Council, Councilmember Mogged moved to adjourn, and Councilmember Wollin 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 8:57 p.m. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 1ST DAY OF APRIL 2014. Minutes taken and prepared by: Amy Shelley, TRMC City Secretary City of Colleyville Page 20