REGULAR CITY COUNCIL MEETING JUNE 4, 2013

Transcription

1 REGULAR CITY COUNCIL MEETING JUNE 4, 2013 The Regular City Council Meeting of the City of Keller was held on Tuesday, June 4, 2013, at Keller Town Hall, 1100 Bear Creek Parkway, Keller, Texas. The following City Council Members were present: Mayor Pat McGrail Mayor Pro Tem Tom Cawthra Council Member Gary Reaves Council Member Bill Dodge Council Member John Hoffmann Council Member Doug Miller Administrative personnel present were City Manager Steve Polasek, City Secretary Sheila Stephens, City Attorney Stan Lowry, Director of Human Resources Carolyn Nivens, Director of Information Services Keith Macedo, Director of Parks and Recreation Dona Roth Kinney, Director of Public Works Greg Dickens, Fire Chief David Jones, Library Director Jana Prock, and Director of Public Safety/Police Chief Mark Hafner. PRE-COUNCIL MEETING A. CALL TO ORDER The Pre-Council Meeting was called to order by Mayor Pat McGrail at 5:03 p.m. B. EXECUTIVE SESSION Mayor Pat McGrail adjourned the meeting to Executive Session during the Pre-Council Meeting for purposes allowed in Chapter 551 of the Texas Government Code. The following subjects were discussed in Executive Session: 1. Section , Texas Government Code - Deliberation Regarding Economic Development Negotiations. (1) To discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the Page 1 of 14

2 governmental body and with which the governmental body is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by Subdivision. 2. Section (2), Texas Government Code - To seek advice from the City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Code compliance options for the replacement of the failed screening wall on North Tarrant Parkway. Agenda Item C-3 was addressed in Executive Session under Section (2) in accordance with the Texas Government Code. 3. Adjourn into Open Meeting. Mayor Pat McGrail called the Pre-Council Meeting back to order. 4. Action on Executive Session Items 1 or 2 if necessary. C. WORK SESSION Item 1 No action was taken. Item 2 & Item C-3 No action was taken. 1. Discuss and review agenda items. The City Council discussed and reviewed the agenda items. 2. Set date for a Budget Work Session. (June 28, 2013, at 9:00 A.M.) The City Council scheduled a Budget Work Session for Friday, June 28, 2013, at 9:00 A.M. 3. Discuss Keller Sport Park participant fee structure options. Page 2 of 14

3 Mr. Steve Polasek, City Manager, gave a presentation regarding the Keller Sports Park participant fee structure options. Discussion was held by the City Council. The City Council directed the City Staff to move forward with establishing a non-resident fee in the amount of $30.00 per participant, per sport, per season, at the Keller Sports Park. The City Council also requested capping those costs at $90.00 per family, per season to ease the burden on families with multiple children. 4. Discuss and review the Creekvista Drive Box Culvert Rehabilitation. Mr. Greg Dickens, Director of Public Works, gave a presentation regarding the Creekvista Drive Box Culvert Rehabilitation. Discussion was held by the City Council. The City Council directed City Staff to move forward with the project. 5. Discuss and review the Meadow Knoll Court Drainage Channel Improvements. D. ADJOURN Mr. Greg Dickens, Director of Public Works, gave a presentation regarding the Meadow Knoll Court Drainage Channel Improvements. Discussion was held by the City Council. The City Council directed City Staff to move forward with the project. The Pre-Council Meeting was adjourned by Mayor Pat McGrail at 6:52 p.m. REGULAR MEETING A. CALL TO ORDER The Regular Meeting was called to order by Mayor Pat McGrail at 7:10 p.m. B. INVOCATION Care Pastor Bret Shisler, Bear Creek Bible Church, gave the invocation. Page 3 of 14

4 C. PLEDGE OF ALLEGIANCE Mayor Pat McGrail led the pledge of allegiance. D. PRESENTATIONS 1. Presentation - Texas Recreation and Parks Society Lone Star Programming Achievement Award Winner Class IV. Mr. Trent Kelley, Texas Recreation and Parks Society North Region Director, presented the Texas Recreation and Parks Society Lone Star Programming Achievement Award Winner Class IV to Mrs. Dona Roth Kinney, Director of Parks and Recreation, and Ms. Chastity Minter, Recreation Aide. E. PERSONS TO BE HEARD This is a time for the public to address the City Council on any subject. However, the Texas Open Meetings Act prohibits the City Council from discussing issues which the public has not been given seventy-two (72) hours notice. Issues raised may be referred to City Staff for research and possible future action. Ms. Cindy Giles, 1604 Willow Glen Court, expressed her concerns regarding the school crossing at the intersection of Shady Grove Road and Sarah Brooks Drive. Ms. Giles spoke in opposition to a proposed left turn lane being installed at said intersection. The following individuals spoke in support of The Lakes, a proposed single-family residential development: Mr. Andy Stoody, 8821 Clay Hibbins Road; and Mr. Adrian Casey, 1336 Ottinger Road. The following individuals expressed their concerns regarding The Lakes, a proposed single-family residential development, which included traffic, zoning, and lot size: Mr. Alan Beaton, 1195 Sawgrass Court, noted that he was representing twelve property owners in Southern Hills; Ms. Roseanna Flanagan, 2432 Southern Hills Drive; Ms. Chris Malone, 1216 Pine Hurst Drive; and Ms. Linda Beaton, 1195 Sawgrass Court. F. CONSENT Page 4 of 14

5 The next order of business was for the City Council to consider the consent agenda items, which were deemed to need little or no discussion, and were acted upon as one business item. 1. Consider approval of the minutes of the Regular City Council Meeting on Tuesday, May 21, Council Member Gary Reaves made a motion to approve the minutes of the Regular City Council Meeting on Tuesday, May 21, 2013 as proposed. Council Member Bill Dodge seconded the motion. The motion carried unanimously. 2. Consider a resolution authorizing the City Manager to execute Amendment No. 1 to the Interlocal Agreement with the City of Colleyville, Texas, relating to the wastewater line construction and maintenance for the proposed Somerset Manor Subdivision. Council Member Gary Reaves made a motion to approve Resolution No authorizing the City Manager to execute Amendment No. 1 to the Interlocal Agreement with the City of Colleyville, Texas, relating to the wastewater line construction and maintenance for the proposed Somerset Manor Subdivision as proposed. Council Member Bill Dodge seconded the motion. The motion carried unanimously. 3. Consider a resolution authorizing the City Manager to execute a contract with Viking Construction, Inc., of Georgetown, Texas, for the Fiscal Year 2013 Slurry Seal Pavement Resurfacing Project, for the Public Works Department. Council Member Gary Reaves made a motion to approve Resolution No authorizing the City Manager to execute a contract with Viking Construction, Inc., of Georgetown, Texas, for the Fiscal Year 2013 Slurry Seal Pavement Resurfacing Project, for the Public Works Department as proposed with the following amendment: Amend the fourth WHEREAS of the resolution to read as follows: Page 5 of 14

6 G. OLD BUSINESS WHEREAS, the City of Euless has competitively bid for Slurry Seal Coat Pavement Resurfacing and Viking Construction, Inc., of Georgetown, Texas, was the low bidder and the fourth contract extension has the current approved price at $3.04 per square yard for slurry seal and $4.20 per square yard for micro-surfacing; and Council Member Bill Dodge seconded the motion. The motion carried unanimously. 1. Consider a resolution approving a variance to the City of Keller Unified Development Code, Article 9, Zoning/ Development Standards, Section 9.04 (K.2.b.3) Sign Regulations - Sign Requirements for Non-Residential Uses - Attached Building Signs - Attached Signs for Single-Occupant and Multi-Occupant Non-Residential Buildings, and Section 9.04 (K.3) Sign Regulations - Sign Requirements for Non-Residential Uses - Miscellaneous Signage for Children's Learning Adventure, a proposed 33,500 square-foot childcare facility to be constructed, located on a 3.74-acre lot, on the east side of Rufe Snow Drive, approximately 300 feet north of North Tarrant Parkway, at 1841 Rufe Snow Drive, being Lot 1, Block A, Children s Learning Adventure Addition, and zoned PD-R (Planned Development-Retail). Keller CLA Partners, Ltd., owner/applicant/developer. (UDC ) Mr. Tom Elgin, Director of Community Development, gave a presentation relating to a variance to the City of Keller Unified Development Code, Article 9, Zoning/ Development Standards, Section 9.04 (K.2.b.3) Sign Regulations - Sign Requirements for Non-Residential Uses - Attached Building Signs - Attached Signs for Single-Occupant and Multi-Occupant Non-Residential Buildings, and Section 9.04 (K.3) Sign Regulations - Sign Requirements for Non-Residential Uses - Miscellaneous Signage for Children's Learning Adventure, a proposed 33,500 square-foot childcare facility to be constructed, at 1841 Rufe Snow Drive. Mr. David Merritt, Professional Permits, representing Children's Learning Adventure, addressed the City Page 6 of 14

7 Council regarding a variance to the signage for Children s Learning Adventure. Council Member John Hoffmann made a motion to table Item G-1 until the June 18, 2013 Regular City Council Meeting. Council Member Doug Miller seconded the motion. The motion carried unanimously. 2. Consider a resolution approving an amendment to the Land Use Element of the City of Keller Master Plan to amend the Future Land Use Plan/Map for The Lakes, a proposed single-family residential development consisting of 35 residential lots and 8 open space lots, located on a total of acres of land, at 8800 and 8820 Clay Hibbins Road, being Lots 1, 2, and 3, Estes Place Tracts Addition, from LD-SF (Low Density-Single Family-25,000 square-foot lots and greater) to MD-SF (Medium Density-Single Family 15,000 to 24,999 square-foot lots) and HD-SF (High Density- Single Family-12,000 to 14,999 square-foot lots). Sancap Investments, LLC., applicant/developer. Sage Group, Inc., planning firm. (LUP ) Mr. Tom Elgin, Director of Community Development, gave a presentation relating to Items G-2 and G-3 an amendment to the Land Use Element of the City of Keller Master Plan to amend the Future Land Use Plan/Map and a planned development zoning change for The Lakes, a proposed single-family residential development. Mr. Kosse Maykus, Hat Creek Development, addressed the City Council regarding The Lakes, a proposed single-family residential development. Council Member Doug Miller made a motion to approve Resolution No approving an amendment to the Land Use Element of the City of Keller Master Plan to amend the Future Land Use Plan/Map for The Lakes, a proposed single-family residential development consisting of 35 residential lots and 8 open space lots, located on a total of acres of land, at 8800 and 8820 Clay Hibbins Road, being Lots 1, 2, and 3, Estes Place Tracts Addition, from LD-SF (Low Density-Single Family-25,000 square-foot lots and greater) to MD-SF (Medium Density-Single Family 15,000 to 24,999 square-foot lots) and HD-SF (High Density-Single Page 7 of 14

8 Family-12,000 to 14,999 square-foot lots). Sancap Investments, LLC., applicant/developer. Sage Group, Inc., planning firm. Council Member Gary Reaves seconded the motion. The motion carried with the following vote: AYES: Mayor Pat McGrail, Council Member Gary Reaves, Mayor Pro Tem Tom Cawthra, Council Member John Hoffmann, and Council Member Doug Miller. NAYS: Council Member Debbie Bryan and Council Member Bill Dodge. 3. Consider an ordinance approving a planned development zoning change from PD-SF-25 (Planned Development- Single Family Residential-25,000 square-foot minimum) to PD-SF-20 (Planned Development-Single Family Residential-20,000 square-foot minimum) and PD-SF-12 (Planned Development-Single Family Residential-12,000 square-foot minimum) for The Lakes, a proposed singlefamily residential development consisting of 35 residential lots and 8 open space lots, located on a total of acres of land, at 8800 and 8820 Clay Hibbins Road, being Lots 1, 2, and 3, Estes Place Tracts Addition. Sancap Investments, LLC., applicant/developer. Sage Group, Inc., planning firm. (Z ) Council Member Doug Miller made a motion to approve Ordinance No approving a planned development zoning change from PD-SF-25 (Planned Development- Single Family Residential-25,000 square-foot minimum) to PD-SF-20 (Planned Development-Single Family Residential-20,000 square-foot minimum) and PD-SF-12 (Planned Development-Single Family Residential-12,000 square-foot minimum) for The Lakes, a proposed singlefamily residential development consisting of 35 residential lots and 8 open space lots, located on a total of acres of land, at 8800 and 8820 Clay Hibbins Road, being Lots 1, 2, and 3, Estes Place Tracts Addition with the following conditions: 1. The variance request to reduce the minimum lot width of one hundred twenty feet (120 ) in the SF-20 zoning district to one hundred feet (100 ) for Lot 4, Block A, one hundred fifteen feet Page 8 of 14

9 (115 ) for Lot 1, Block B, one hundred fifteen feet (115 ) for Lot 2, Block B, and one hundred seven feet (107 ) for Lot 7, Block B shall be allowed. 2. The variance request to reduce the minimum lot width of one hundred feet (100 ) in the SF-12 zoning district to ninety-six feet (96 ) for Lot 11, Block C shall be allowed. 3. The variance request to reduce the front building setbacks from the required thirty-five feet (35 ) to thirty feet (30 ) for the lots within the SF- 25 and SF-20 zoning districts and thirty feet (30 ) to twenty-five feet (25 ) for the lots within the SF-12 zoning district shall be allowed. 4. The variance request to allow the minimum side yard setback to be ten feet (10 ) in lieu of required ten percent (10%) of lot width and no more than fifteen feet (15 ) for all lots in the SF-12 zoning district shall be allowed. 5. The variance request to reduce the minimum front setback line for attached, front-facing garages reduced from forty-five feet (45 ) to forty feet (40 ) for all lots shall be allowed. 6. The variance request to allow the front-facing garage doors to exceed the maximum seventy-two (72) square feet exposure to the street up to one hundred forty-four (144) square feet shall be allowed. 7. The variance request to increase the maximum lot coverage from thirty percent (30%) to thirty-five percent (35%) for main and accessory buildings and from fifty percent (50%) to fifty five percent (55%) including driveways and parking areas for residential lots in the SF-25 and SF-20 districts shall be allowed. 8. The variance request to increase the maximum lot coverage from thirty-five percent (35%) to forty percent (40%) for main and accessory buildings and from fifty percent (50%) to sixty percent Page 9 of 14

10 H. NEW BUSINESS (60%) including driveways and parking areas for residential lots in the SF-12 district shall be allowed. 9. All garage doors shall have decorative cedar wood veneers. 10. The minimum dwelling unit size shall be three thousand three hundred (3,300) square feet for all lots in the SF-25 and SF-20 zoning districts and three thousand (3,000) square feet for all lots in the SF-12 district. 11. Two (2) additional trees shall be planted in the rear yard for each residential lot. Sancap Investments, LLC., applicant/developer. Sage Group, Inc., planning firm. Mayor Pro Tem Tom Cawthra seconded the motion. The motion carried with the following vote: AYES: Mayor Pat McGrail, Council Member Gary Reaves, Mayor Pro Tem Tom Cawthra, Council Member John Hoffmann, and Council Member Doug Miller. NAYS: Council Member Debbie Bryan and Council Member Bill Dodge. 1. PUBLIC HEARING: Receive recommendations from representatives of the Transportation Bond Program Advisory Committee regarding a potential bond proposal to qualified City of Keller registered voters. Mayor Pat McGrail recognized Council Member John Hoffmann, Chairman, and Council Member Gary Reaves, Vice Chairman of the Transportation Bond Program Advisory Committee. Council Member John Hoffmann, Chairman of the Transportation Bond Program Advisory Committee, introduced the following citizen committee members: Mr. Ken Lewis, Mr. Trent Petty, Mr. Greg Kocian, and Mr. Ed Speakmon. Council Member Hoffmann also recognized the following citizen committee members Page 10 of 14

11 that were unable to attend the meeting: Mr. Jim Thompson, Mr. John Baker, and Mrs. Beth Kwasny. Council Member John Hoffmann gave a presentation regarding the projects that were under consideration for roadway and intersection improvements, a summary of the committee meetings that were held beginning January 24, 2013 through May 28, 2013, and the committee s recommendations to the City Council for road expansions and intersection improvements. Council Member Gary Reaves gave a presentation relating to the committee s public notification process. Mr. Steve Polasek, City Manager, gave an overview of why the City is considering a Bond Program and the process of determining the financial capacity. Mr. Trent Petty, committee member, gave a presentation regarding the committee s recommendation to structure the bond package to be presented as a Specific Proposition on the ballot with all projects to be considered as one proposition. Mayor Pat McGrail opened the public hearing. Mr. Dennis Arens, 429 Starlight Drive, thanked the City Council for establishing the Transportation Bond Program Advisory Committee and the committee members for their work. Mr. Arens also spoke in support of the proposed bond package. Council Member Doug Miller made a motion to close the public hearing. Mayor Pro Tem Tom Cawthra seconded the motion. The motion carried unanimously. Council Member John Hoffmann made a motion that the Keller City Council discharge the Keller Transportation Bond Program Advisory Committee and commended the committee members for doing a fine job. Council Member Gary Reaves seconded the motion. The motion carried unanimously. 2. PUBLIC HEARING: Consider an ordinance approving a zoning change from SF-LD (Single Family Residential- Low Density-36,000 square-foot minimum) to SF-15 (Single Family Residential-15,000 square-foot lots) Page 11 of 14

12 I. DISCUSSION for approximately 7.78-acres of land, located on the west side of Willis Lane, approximately 250 feet north of Calais Drive, at 1455 Whitley Road, and 1400 and 1408 Willis Lane, being a portion of Lot 1R2, Block A, Lord Addition, Lot 1, Roy Mires Subdivision, and Tracts 4A8 and 4A9, out of the John Edmonds Survey, Abstract No John and Mary Lord, Roy Mires, and Joe King, owners/applicants. (Z ) Mr. Tom Elgin, Director of Community Development, gave a presentation relating to a zoning change request from SF-LD (Single Family Residential-Low Density- 36,000 square-foot minimum) to SF-15 (Single Family Residential-15,000 square-foot lots) for approximately 7.78-acres of land, located on the west side of Willis Lane, approximately 250 feet north of Calais Drive, at 1455 Whitley Road, and 1400 and 1408 Willis Lane. Ms. Mary Lord, 1415 Whitley Road, owner/applicant, addressed the City Council regarding the proposed zoning change request, at 1455 Whitley Road, and 1400 and 1408 Willis Lane. Mayor Pat McGrail opened the public hearing. Mr. John Millsap, 313 Calais Drive, spoke in opposition to the proposed zoning change request and expressed his concerns, which included lot sizes, drainage, and traffic. Mr. Joe King, 1408 Willis Lane, owner/applicant, spoke in support of the proposed zoning change request, at 1455 Whitley Road, and 1400 and 1408 Willis Lane. Council Member Doug Miller made a motion to close the public hearing. Council Member John Hoffmann seconded the motion. The motion carried unanimously. Council Member Doug Miller made a motion to deny Item H-2. Council Member Gary Reaves seconded the motion. The motion carried unanimously. 1. Discuss sidewalk fees. Mr. Jonathan Phillips, Management Assistant, gave a presentation regarding the City s sidewalk policies Page 12 of 14

13 and fee structure. Discussion was held by the City Council. The City Council directed City Staff to move forward with amendments to the fee schedule as presented and refund the amounts charged in excess of the cap since its inception. Given the reintroduction of a cap, City Council further directed City Staff to forgo the establishment of an appeals process. J. EXECUTIVE SESSION Executive Session was not held during the Regular Meeting. 1. Section , Texas Government Code - Deliberation Regarding Economic Development Negotiations. (1) To discuss or deliberate regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the governmental body and with which the governmental body is conducting economic development negotiations; or (2) To deliberate the offer of a financial or other incentive to a business prospect described by Subdivision. 2. Section (2), Texas Government Code - To seek advice from the City Attorney on a matter in which the duty of the attorney to the governmental body under the Texas Disciplinary Rules of Professional Conduct of the State Bar of Texas clearly conflicts with this chapter: Code compliance options for the replacement of the failed screening wall on North Tarrant Parkway. 3. Adjourn into Open Meeting. 4. Action on Executive Session Items 1 or 2 if necessary. K. ADJOURN Item 1 No action was taken. Item 2 No action was taken. Page 13 of 14

14 Council Member Gary Reaves made a motion to adjourn the meeting at 11:06 p.m. Council Member Bill Dodge seconded the motion. The motion carried unanimously. CITY SECRETARY MAYOR Page 14 of 14