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CITY COUNCIL MEETING

JULY 21, 2015

The Regular City Council Meeting of the City of Keller was held

on Tuesday, July 21, 2015, at Keller Town Hall, 1100 Bear Creek

Parkway, Keller, Texas.

The following City Council Members were present:

Mayor Mark Mathews

Council Member Debbie Bryan

Council Member Armin Mizani

Council Member Bill Dodge

Council Member Bill Hodnett

Mayor Pro Tem Rick Barnes

Council Member Tom Cawthra was absent.

Administrative personnel present were City Manager Mark Hafner,

City Secretary Sheila Stephens, City Attorney Stan Lowry, Chief

Financial Officer Steve Groom, Director of Administrative

Services Sakura Moten-Dedrick, Director of Human Resources

Carolyn Nivens, Director of Public Works Keith Fisher, Director

of Community Services Cody Maberry, Director of Public

Services/Economic Development Trina Zais, Director of

Information Services Sean Vreeland, and Fire Chief David Jones.

PRE-COUNCIL MEETING

A. CALL TO ORDER

The Pre-Council meeting was called to order by Mayor Mark

Mathews at 5:00 p.m.

B. EXECUTIVE SESSION

Mayor Mark Mathews adjourned the meeting to Executive

Session during the Pre-Council Meeting for the following

purposes allowed in Chapter 551 of the Texas Government

Code.

1.

Section 551.087, Texas Government Code - Deliberation

Regarding Economic Development Negotiations.

(1) To discuss or deliberate regarding commercial or

financial information that the governmental body

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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.

B-1 Memo

2. Section 551.071, Texas Government Code - Consultation

with attorney to seek advice about pending or

contemplated litigation or a settlement offer or other

matters permitted by such section.

a. Hall vs. City of Keller.

b. Tree Ordinance Citations: 1740 Oakbrook Drive,

1736 Oakbrook Drive, 1733 Oakbrook Drive, 1732

Oakbrook Drive, 1728 Oakbrook Drive, 1725

Oakbrook Drive, 1717 Oakbrook Drive, 1713

Oakbrook Drive, 1709 Oakbrook Drive, 1112

Oakbrook Hills Court, 1115 Oakbrook Hills Court,

1119 Oakbrook Hills Court, and 8739 Davis Blvd.

B-2 Memo

3. Section 551.072, Texas Government Code - Deliberate

the purchase, exchange, lease, or value of real

property.

a. Tracts 8A, 8B, 9I, 6G and 6HI, Abstract No. 1171,

Samuel Needham Survey, City of Keller, Tarrant

County, Texas.

B-3 Memo

4. Section 551.071(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.

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a. Atlas Pipeline.

B-4 Memo

5. Adjourn into Open Meeting.

The Pre-Council Meeting was called back to order by

Mayor Mark Mathews.

6. Action on Executive Session Items 1, 2a, 2b, 3a, and

4a if necessary.

Item 1 – No action was taken.

Item 2a – Action was taken during the Regular Meeting.

Item 2b – No action was taken.

Item 3a – No action was taken.

Item 4a – No action was taken.

C. WORK SESSION

1. Receive Council report and discuss Ethics Policy

relating to various City documents. - Mayor Pro Tem

Rick Barnes and Council Member Armin Mizani.

C-1 Memo

Council Member Armin Mizani gave a report on the

Ethics Policy relating to various City documents.

Discussion was held by the City Council.

2. Receive Council report and discuss City Council Rules

of Order and procedures relating to various City

documents. - Mayor Pro Tem Rick Barnes and Council

Member Armin Mizani.

C-2 Memo

Mayor Pro Tem Rick Barnes gave a report on City

Council Rules of Order and procedures relating to

various City documents. Discussion was held by the

City Council.

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3. Discuss and review agenda items.

C-3 Memo

The City Council discussed and reviewed the agenda

items. D. ADJOURN

The Pre-Council Meeting was adjourned by Mayor Mark Mathews

at 6:36 p.m.

REGULAR MEETING

A. CALL TO ORDER

The Regular Meeting was called to order by Mayor Mark

Mathews at 7:01 p.m.

B. INVOCATION

Brother Bair, Church of Jesus Christ of Latter Day Saints,

gave the invocation.

C. PLEDGE OF ALLEGIANCE

1. Pledge to the United States Flag

Mayor Mark Mathews led the Pledge to the United States

Flag.

2. Pledge to the Texas Flag - "Honor the Texas Flag: I

pledge allegiance to Thee, Texas, one State under God,

one and indivisible."

Mayor Mark Mathews led the Pledge to the Texas Flag.

D. PRESENTATION & PROCLAMATION

1. Presentation - Distinguished Budget Award

D-1 Memo

Mr. Steve Groom, Chief Financial Officer, presented

the Distinguished Budget Award. Ms. Pamela McGee,

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Finance/Purchasing Manager accepted the award on

behalf of the Finance Department.

2. Presentation - Texas Association of Municipal

Information Officers (TAMIO) Award

D-2 Memo

Mayor Mark Mathews presented the Texas Association of

Municipal Information Officers (TAMIO) Award to Ms.

Rachel Reynolds, Public Information Officer.

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.

Mr. Andy Clem, Bella Vita Custom Homes, 12400 Coit Road,

Suite 400, Dallas, TX, 75230, presented pictures of custom

homes and spoke in regards to a Preliminary Plat

application for Ottinger Place, New Business Item H-8.

F. CONSENT

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 City Council

Work Session on Tuesday, June 30, 2015.

F-1 Memo

F-1 Minutes

Mayor Pro Tem Rick Barnes made a motion to approve the

minutes of the City Council Work Session on Tuesday,

June 30, 2015 as proposed. Council Member Bill Dodge

seconded the motion. The motion carried unanimously.

2. Consider approval of the minutes of the Regular City

Council Meeting on Tuesday, July 7, 2015.

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F-2 Memo

F-2 Minutes

Mayor Pro Tem Rick Barnes made a motion to approve the

minutes of the Regular City Council Meeting on

Tuesday, July 7, 2015 as proposed. Council Member Bill

Dodge seconded the motion. The motion carried

unanimously.

3. Consider a resolution approving the bid for the Big

Bear East Collector Line Improvement Project, for the

Public Works Department.

F-3 Memo

F-3 Resolution

F-3 Location Map

F-3 Attachment 1 - Bid Summary

F-3 Attachment 2 - Engineer's Letter of Recommendation

Mayor Pro Tem Rick Barnes made a motion to approve

Resolution No. 3643 approving the bid for the Big Bear

East Collector Line Improvement Project, from Kodiak

Trenching and Boring, LLC, of Grapevine, Texas, in the

amount of $2,848,673.00, for the Public Works

Department as proposed. Council Member Bill Dodge

seconded the motion. The motion carried unanimously.

4. Consider a resolution authorizing the City Manager to

execute an Interlocal Agreement for Library Services

with the City of Fort Worth, Texas.

F-4 Memo

F-4 Resolution

F-4 Interlocal Agreement

Mayor Pro Tem Rick Barnes made a motion to approve

Resolution No. 3644 authorizing the City Manager to

execute an Interlocal Agreement for Library Services

with the City of Fort Worth, Texas as proposed.

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Council Member Bill Dodge seconded the motion. The

motion carried unanimously.

5. Consider a resolution adopting the Tarrant County

Hazard Mitigation Action Plan, June 2015 as the City

of Keller's Multi-Hazard Mitigation Action Plan.

F-5 Memo

F-5 Resolution

F-5 Attachment Keller Mitigation Strategy

F-5 Attachment State Approval Pending Adoption Letter

Mayor Pro Tem Rick Barnes made a motion to approve

Resolution No. 3645 adopting the Tarrant County Hazard

Mitigation Action Plan, June 2015 as the City of

Keller's Multi-Hazard Mitigation Action Plan as

proposed. Council Member Bill Dodge seconded the

motion. The motion carried unanimously.

6. Consider a resolution approving an increase in the

Purchase Order with Nortex Concrete Lift and

Stabilization, for the Public Works Department.

F-6 Memo

F-6 Resolution

F-6 Interlocal Agreement

Mayor Pro Tem Rick Barnes made a motion to approve

Resolution No. 3646 approving an increase in the

Purchase Order with Nortex Concrete Lift and

Stabilization, in the total amount of $72,000.00, for

the Public Works Department as proposed. Council

Member Bill Dodge seconded the motion. The motion

carried unanimously.

7. Consider a resolution authorizing the City Manager to

execute an Interlocal Agreement with the Cities of

Colleyville, Roanoke, Southlake and the Town of Trophy

Club, Texas, for the purpose of operating a joint

controlled North Tarrant Regional Special Weapons and

Tactics (SWAT) Team.

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F-7 Memo

F-7 Resolution

F-7 Exhibit A

Mayor Pro Tem Rick Barnes made a motion to approve

Resolution No. 3647 authorizing the City Manager to

execute an Interlocal Agreement with the Cities of

Colleyville, Roanoke, Southlake and the Town of Trophy

Club, Texas, for the purpose of operating a joint

controlled North Tarrant Regional Special Weapons and

Tactics (SWAT) Team as proposed. Council Member Bill

Dodge seconded the motion. The motion carried

unanimously.

G. OLD BUSINESS - None

H. NEW BUSINESS

1. PUBLIC HEARING: Fiscal Year 2015-2016 Keller

Development Corporation Budget.

H-1 Memo

H-1 Attachment - KDC Memo

H-1 Proposed KDC Budget Summary

Mr. Cody Maberry, Director of Community Services and

Mr. Steve Groom, Chief Financial Officer, gave a

presentation relating to the Fiscal Year 2015-2016

Keller Development Corporation Budget.

Mayor Mark Mathews opened the public hearing. No

public comments were received. Mayor Pro Tem Rick

Barnes made a motion to close the public hearing.

Council Member Bill Hodnett seconded the motion. The

motion carried unanimously. Discussion was held by the

City Council.

2. PUBLIC HEARING: 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 approximately 0.81-acres of land,

located on the southwest corner of Keller Parkway (FM

1709) and Bloomfield Drive intersection, at 1806

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Keller Parkway, being Tract 3A, out of the D.E. Elston

Survey, Abstract No. 498, from O (Office) to R

(Retail). Forestar Real Estate Group, owner. Ranghir

Kapoor, applicant/developer (LUP-15-0006)

H-2 Memo

H-2 Resolution

H-2 Exhibit A

H-2 Staff Attachment

H-2 Maps

Mr. David Hawkins, Planning Manager, gave a

presentation relating to Items H-2 and H-3, an

amendment to the Land Use Element of the City of

Keller Master Plan to amend the Future Land Use

Plan/Map, for approximately 0.81-acres of land,

located on the southwest corner of Keller Parkway (FM

1709) and Bloomfield Drive intersection, at 1806

Keller Parkway, being Tract 3A, out of the D.E. Elston

Survey, Abstract No. 498, from O (Office) to R

(Retail) and a Zoning Change from SF-LD (Single

Family-Low Density-36,000 square foot lots) to R

(Retail) for approximately 0.81-acres of land, located

on the southwest corner of Keller Parkway (FM 1709)

and Bloomfield Drive intersection, at 1806 Keller

Parkway, being Tract 3A, out of the D.E. Elston

Survey, Abstract No. 498.

Mr. Ben Fields, Fields Custom Homes, addressed the

City Council regarding the proposal.

Mayor Mathews opened the public hearings for Items H-2

and H-3. The following individuals spoke in opposition

of the proposed amendment to the Land Use Plan Element

of the City of Keller Master Plan and Zoning Change:

Mr. Harold Greenberg, 112 Audrey Drive; Mr. Dean

Barnes, 129 Audrey Drive; Ms. Vicky G. Birmingham, 125

Audrey Drive; and Ms. Linda Smariga, 116 Audrey Drive.

Council Member Debbie Bryan made a motion to close the

public hearing for Item H-2. Council Member Armin

Mizani seconded the motion. The motion carried

unanimously.

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Mayor Pro Tem Rick Barnes made a motion to close the

public hearing for Item H-3. Council Member Debbie

Bryan seconded the motion. The motion carried

unanimously. Discussion was held by the City Council.

Council Member Armin Mizani made a motion to deny 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 approximately 0.81-acres

of land, located on the southwest corner of Keller

Parkway (FM 1709) and Bloomfield Drive intersection,

at 1806 Keller Parkway, being Tract 3A, out of the

D.E. Elston Survey, Abstract No. 498, from O (Office)

to R (Retail). Council Member Debbie Bryan seconded

the motion. The motion carried unanimously.

3. PUBLIC HEARING: Consider an ordinance approving a

Zoning Change from SF-LD (Single Family-Low Density-

36,000 square foot lots) to R (Retail) for

approximately 0.81-acres of land, located on the

southwest corner of Keller Parkway (FM 1709) and

Bloomfield Drive intersection, at 1806 Keller Parkway,

being Tract 3A, out of the D.E. Elston Survey,

Abstract No. 498. Forestar Real Estate Group, owner.

Ranghir Kapoor, applicant/developer. (Z-15-0017)

H-3 Memo

H-3 Ordinance

H-3 Exhibit A

H-3 Staff Attachment (1of3)

H-3 Staff Attachment (2of3)

H-3 Staff Attachment (3of3)

H-3 Maps

Council Member Armin Mizani made a motion to deny an

ordinance approving a Zoning Change from SF-LD (Single

Family-Low Density-36,000 square foot lots) to R

(Retail) for approximately 0.81-acres of land, located

on the southwest corner of Keller Parkway (FM 1709)

and Bloomfield Drive intersection, at 1806 Keller

Parkway, being Tract 3A, out of the D.E. Elston

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Survey, Abstract No. 498. Mayor Pro Tem Rick Barnes

seconded the motion. The motion carried unanimously.

4. PUBLIC HEARING: Consider an ordinance approving a

Planned Development Zoning Change from SF-LD (Single

Family-Low Density-36,000 square foot lots) to PD-SF-

25 (Planned Development-Single Family-25,000 square

foot lots) for Bella Ridge, a proposed twelve (12) lot

single-family residential development with four (4)

open space lots, located on approximately 11.41-acres

of land, on the northwest side of the Randol Mill

Avenue and Florence Road intersection, at 842 and 850

Randol Mill and 2525 Florence Road, being portions of

Lot 1, Block A, Anchor Church Addition and Tracts 6b06

and 6b02, out of the Josiah Walker Survey, Abstract

No. 1604. SilverOak Real Estate Group,

owner/applicant/developer. Sage Group, designer.

(Z-15-0013)

H-4 Memo

H-4 Ordinance

H-4 Exhibit A (1of3)

H-4 Exhibit A (2of3)

H-4 Exhibit A (3of3)

H-4 Staff Attachment

H-4 Maps

Ms. Michele Berry, Planner II, gave a presentation

relating to a Planned Development Zoning Change from

SF-LD (Single Family-Low Density-36,000 square foot

lots) to PD-SF-25 (Planned Development-Single Family-

25,000 square foot lots) for Bella Ridge, a proposed

twelve (12) lot single-family residential development

with four (4) open space lots, located on

approximately 11.41-acres of land, on the northwest

side of the Randol Mill Avenue and Florence Road

intersection, at 842 and 850 Randol Mill and 2525

Florence Road.

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Mr. Curtis Young, Sage Group and Mr. James Tommy

Dreiling, SilverOak Development, addressed the City

Council regarding the proposal.

Mayor Mark Mathews opened the public hearing. No

public comments were received.

Council Member Armin Mizani made a motion to close the

public hearing. Council Member Bill Dodge seconded the

motion. The motion carried unanimously.

Council Member Bill Dodge made a motion to approve

Ordinance No. 1751 approving a Planned Development

Zoning Change from SF-LD (Single Family-Low Density-

36,000 square foot lots) to PD-SF-25 (Planned

Development-Single Family-25,000 square foot lots) for

Bella Ridge, a proposed twelve (12) lot single-family

residential development with four (4) open space lots,

located on approximately 11.41-acres of land, on the

northwest side of the Randol Mill Avenue and Florence

Road intersection, at 842 and 850 Randol Mill and 2525

Florence Road, being portions of Lot 1, Block A,

Anchor Church Addition and Tracts 6b06 and 6b02, out

of the Josiah Walker Survey, Abstract No. 1604 with

the following conditions:

1. The variance to allow an increase in garage door

area facing the street from seventy-two (72)

square feet to one-hundred forty-four (144)

square feet only for homes with four (4) car

garages and provided that the garage door is

decorative cedar wood and has a stain finish

shall be allowed.

2. The variance to allow for a cul-de-sac greater

than six-hundred feet (600’) in length with

individual sprinkler systems in homes on 5, 6, 7,

and 8 that exceed the six hundred foot (600’)

cul-de-sac length shall be allowed.

3. The variance to reduce the outside right-of-way

diameter from one hundred twenty feet (120') to

one-hundred ten feet (110’) with the condition

that the width of the utility easements is

increased by five feet (5’) and a

pedestrian/sidewalk easement is added where

needed on lots 5, 6, 7, and 8 shall be allowed.

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4. The minimum lot size shall be increased from

25,000 square feet to 30,000 square feet.

5. The minimum dwelling unit size shall be increased

from 2,400 square feet to 3,300 square feet.

6. An eight-foot (8’) tall cedar wood fence along

the north and west site boundaries shall be

required.

Council Member Armin Mizani seconded the motion. The

motion failed with the following vote:

AYES: Mayor Mark Mathews, Council Member Armin

Mizani, and Council Member Bill Dodge.

NAYS: Council Member Debbie Bryan, Council Member

Bill Hodnett, and Mayor Pro Tem Rick Barnes.

Mayor Mark Mathews recessed the Regular Meeting at

8:11 p.m. and called the Regular Meeting back to order

at 8:20 p.m.

Mayor Pro Tem Rick Barnes made a motion to approve

Ordinance No. 1751 approving a Planned Development

Zoning Change from SF-LD (Single Family-Low Density-

36,000 square foot lots) to PD-SF-25 (Planned

Development-Single Family-25,000 square foot lots) for

Bella Ridge, a proposed twelve (12) lot single-family

residential development with four (4) open space lots,

located on approximately 11.41-acres of land, on the

northwest side of the Randol Mill Avenue and Florence

Road intersection, at 842 and 850 Randol Mill and 2525

Florence Road, being portions of Lot 1, Block A,

Anchor Church Addition and Tracts 6b06 and 6b02, out

of the Josiah Walker Survey, Abstract No. 1604 with

the following conditions:

1. The variance to allow an increase in garage door

area facing the street from seventy-two (72)

square feet to one-hundred forty-four (144)

square feet only for homes with four (4) car

garages and provided that the garage door is

decorative cedar wood and has a stain finish

shall be allowed.

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2. The variance to allow for a cul-de-sac greater

than six-hundred feet (600’) in length with

individual sprinkler systems in homes on 5, 6, 7,

and 8 that exceed the six hundred foot (600’)

cul-de-sac length shall be allowed.

3. The variance to reduce the outside right-of-way

diameter from one hundred twenty feet (120') to

one-hundred ten feet (110’) with the condition

that the width of the utility easements is

increased by five feet (5’) and a

pedestrian/sidewalk easement is added where

needed on lots 5, 6, 7, and 8 shall be allowed.

4. The minimum lot size shall be increased from

25,000 square feet to 30,000 square feet.

5. The minimum dwelling unit size shall be increased

from 2,400 square feet to 4,000 square feet.

6. An eight-foot (8’) tall cedar wood fence along

the north and west site boundaries shall be

required.

Council Member Armin Mizani seconded the motion. The

motion carried with the following vote:

AYES: Mayor Mark Mathews, Council Member Armin

Mizani, Council Member Bill Dodge, and Mayor

Pro Tem Rick Barnes.

NAYS: Council Member Debbie Bryan, and Council

Member Bill Hodnett.

5. PUBLIC HEARING: Consider an ordinance approving a

Planned Development Zoning Change from C (Commercial)

to PD-C (Planned Development-Commercial) for Sam's

Club, a proposed 137,494 square-foot retail building

with associated fuel pumps and tire and battery

center, located on an approximately 12.4-acre

property, on the southeast corner of the Sports

Parkway and Golden Triangle Boulevard (FM 1709)

intersection, at 201, 203 and 213 Golden Triangle

Boulevard, being Lot 1, Block A, Athletic Village

Addition, Tracts 7F, 7G, and 9A out of the Jesse

Billingsley Survey, Abstract No. 70 and portions of

Tracts 7 and 7F2 out of the Jesse Billingsley Survey,

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Abstract No. 70. Shawn Robert Kelly, Amy Dawn Kelly,

Ed Keith, and Athletic Village of Keller, LTD.,

owners. Sam's Club Real Estate Business Trust,

applicant/developer. Kimley-Horn and Associates, Inc.,

engineer. (Z-15-0015)

H-5 Memo

H-5 Ordinance

H-5 Exhibit A (1of7)

H-5 Exhibit A (2of7)

H-5 Exhibit A (3of7)

H-5 Exhibit A (4of7)

H-5 Exhibit A (5of7)

H-5 Exhibit A (6of7)

H-5 Exhibit A (7of7)

H-5 Staff Attachment

H-5 Maps

Ms. Michele Berry, Planner II, gave a presentation

relating to a Planned Development Zoning Change from C

(Commercial) to PD-C (Planned Development-Commercial)

for Sam's Club, a proposed 137,494 square-foot retail

building with associated fuel pumps and tire and

battery center, located on an approximately 12.4-acre

property, on the southeast corner of the Sports

Parkway and Golden Triangle Boulevard (FM 1709)

intersection, at 201, 203 and 213 Golden Triangle

Boulevard.

Ms. Sarah Williamson, P.E., Kimley-Horn and

Associates, Inc., addressed the City Council regarding

the proposal.

Mayor Mark Mathews opened the public hearing.

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Ms. Tracey Norris, 300 King Trail, expressed concerns

with lighting and location of the Planned Development

Zoning Change for Sam’s Club.

Council Member Bill Dodge made a motion to close the

public hearing for Item H-5. Council Member Debbie

Bryan seconded the motion. The motion carried

unanimously. Discussion was held by the City Council.

Council Member Bill Dodge made a motion to approve

Ordinance No. 1752 approving a Planned Development

Zoning Change from C (Commercial) to PD-C (Planned

Development-Commercial) for Sam's Club, a proposed

137,494 square-foot retail building with associated

fuel pumps and tire and battery center, located on an

approximately 12.4-acre property, on the southeast

corner of the Sports Parkway and Golden Triangle

Boulevard (FM 1709) intersection, at 201, 203 and 213

Golden Triangle Boulevard, being Lot 1, Block A,

Athletic Village Addition, Tracts 7F, 7G, and 9A out

of the Jesse Billingsley Survey, Abstract No. 70 and

portions of Tracts 7 and 7F2 out of the Jesse

Billingsley Survey, Abstract No. 70, with the

following conditions:

1. The variance request to allow four (4) garage

doors to face Golden Triangle Boulevard with the

condition that the doors be screened with a

parallel landscape island, awnings, and that the

service area be defined by pilasters and colored

split-face masonry units as shown in Exhibit “A”

shall be allowed.

2. The variance request to waive the required

windows per Sections 9.01 (C.7), (C.10) and

(C.15) of the UDC shall be allowed.

3. The variance request to allow the use of

integrally colored split-face concrete masonry

units as the primary façade material shall be

allowed.

4. The variance request to the fifty-foot (50’)

articulation standard for the rear, south facing,

of the building shall be allowed.

5. A flat roof shall be allowed.

Page 17 of 27

6. The variance request to allow one (1) attached

sign to be one-hundred (100) square feet in area

and to allow two (2) additional wall signs up to

sixty-four (64) square feet in area shall be

allowed.

7. The variance request to allow two (2) monument

signs to be one hundred seven and one-third

(107.33) square feet in area shall be allowed.

8. The variance request to allow signs, (24”) in

height, to be placed on all four sides of the gas

station canopy shall be allowed.

9. The variance request to allow the temporary or

seasonal outdoor storage, display and sales for

up to one-hundred twenty (120) days per calendar

year, the area not to exceed five hundred (500)

square feet by right and not to exceed five

thousand (5,000) square feet, as shown on the

concept plan, by approval of the Community

Development Department, shall be allowed.

10. The variance request to allow parking at a ratio

of one (1) space per two hundred fifty (250)

square feet of floor area, including handicapped

parking space and potential shared parking shall

be allowed.

11. The variance request to allow parking lot spaces

to be nine and one-half feet (9.5’) wide and

eighteen feet (18’) long with drive aisles

between rows of parking to be twenty-five feet

(25’) wide shall be allowed.

12. The variance request to allow metal pipe cart

corrals shall be allowed.

13. The variance request to allow the loading and

unloading hours of 6:00 A.M. to 10:00 P.M to be

increased to 5:00 A.M. to 12:00 A.M shall be

allowed.

14. The variance request to not provide the required

screening wall along the southern property line

shall be allowed.

Page 18 of 27

15. The variance request to not enclose the trash

compactor with metal doors and use the twelve

foot (12’) tall screening wall to screen the

trash compactor and service area as soon in

Exhibit “A” shall be allowed.

16. The variance request to reduce the size of

landscape islands from nine feet (9’) by twenty

feet (20’) to nine feet (9’) by eighteen feet

(18’) shall be allowed.

17. The variance request to not provide a continuous

ten-foot (10’) wide landscape island for a large

parking lot with several rows of spaces shall be

allowed.

18. The variance request to reduce the width of the

buffer from thirty feet (30’) to twenty feet

(20’) along Golden Triangle Boulevard shall be

allowed.

19. The variance request to reduce the width of the

buffer from thirty feet (30’) to ten feet (10’)

along the southern boundary adjacent to Keller

Sport Park shall be allowed.

20. The variance request to not plant the five-foot

(5’) foundation planting around the front and

sides of the building but to provide four (4)

tree wells along the west side of the building

shall be allowed.

21. The variance request to increase the maximum

height of light poles from twenty feet (20’) to

forty feet (40’) and increase the maximum base

height from thirty inches (30”) to thirty-six

inches (36”) shall be allowed.

Council Member Bill Hodnett seconded the motion. The

motion carried unanimously.

6. Consider a resolution approving an appeal to the City

of Keller Unified Development Code, Article 10, Tree

Preservation, Section 10.01, Tree and Natural Feature

Preservation to allow advanced tree removal and lot

grading for Lots 1-10, Block A and Lots 1-18, Block B,

Oakbrook Hills Subdivision, a single-family

Page 19 of 27

residential subdivision consisting of twenty (20)

residential lots, six (6) open space lots, and two (2)

hike and bike trail lots, located on approximately

13.35 acres of land, on the southeast corner of the

Roanoke Road and Knox Road intersection, at 1732

Roanoke Road, and zoned PD-SF-20 (Planned Development-

Single Family Residential-20,000 square foot minimum).

Silveroak Real Estate Group, owner. Silveroak Land

Development Co., applicant/developer. Sage Group,

designer. (TB-15-0002)

H-6 Memo

H-6 Resolution

H-6 Exhibit A (1of2)

H-6 Exhibit A (2of2)

H-6 Staff Attachment (1of8)

H-6 Staff Attachment (2of8)

H-6 Staff Attachment (3of8)

H-6 Staff Attachment (4of8)

H-6 Staff Attachment (5of8)

H-6 Staff Attachment (6of8)

H-6 Staff Attachment (7of8)

H-6 Staff Attachment (8of8)

H-6 Maps

Mr. David Hawkins, Planning Manager, gave a

presentation relating to an appeal to the City of

Keller Unified Development Code, Article 10, Tree

Preservation, Section 10.01, Tree and Natural Feature

Preservation to allow advanced tree removal and lot

grading for Lots 1-10, Block A and Lots 1-18, Block B,

Oakbrook Hills Subdivision, a single-family

residential subdivision consisting of twenty (20)

residential lots, six (6) open space lots, and two (2)

hike and bike trail lots, located on approximately

Page 20 of 27

13.35 acres of land, on the southeast corner of the

Roanoke Road and Knox Road intersection, at 1732

Roanoke Road.

Mr. Kelly Dykes, applicant, addressed the City Council

regarding the proposal.

Mayor Mark Mathews made a motion to approve Resolution

No. 3648 approving an appeal to the City of Keller

Unified Development Code, Article 10, Tree

Preservation, Section 10.01, Tree and Natural Feature

Preservation to allow advanced tree removal and lot

grading for Lots 1-10, Block A and Lots 1-18, Block B,

Oakbrook Hills Subdivision, a single-family

residential subdivision consisting of twenty (20)

residential lots, six (6) open space lots, and two (2)

hike and bike trail lots, located on approximately

13.35 acres of land, on the southeast corner of the

Roanoke Road and Knox Road intersection, at 1732

Roanoke Road, and zoned PD-SF-20 (Planned

Development-Single Family Residential-20,000 square

foot minimum) with the following condition:

1. The applicant shall replant up to the full amount

of trees to match the total caliper inches being

removed (1,370 caliper inches).

Council Member Armin Mizani seconded the motion.

Council Member Debbie Bryan made a motion to amend the

main motion to add to the condition that each tree

shall be a minimum of four-inch (4”) caliper in size

at time of planting. Council Member Armin Mizani

seconded the motion. The motion to amend carried

unanimously. The main motion with the amendment

carried with the following vote:

AYES: Mayor Mark Mathews, Council Member Debbie

Bryan, Council Member Armin Mizani, Council

Member Bill Dodge, and Mayor Pro Tem Rick

Barnes.

NAYS: Council Member Bill Hodnett.

7. Consider a resolution approving an amendment to a

previously approved tree mitigation plan appeal to the

City of Keller Unified Development Code, Article 10,

Page 21 of 27

Tree Preservation, Section 10.01, Tree and Natural

Feature Preservation to allow advanced tree removal

and lot grading for residential Lots 1-4, 9-10, 19-20,

22-23, 26, 31-33, 35 and open space Lot 2, Block A of

The Trails at Bear Creek, a proposed development

consisting of thirty-five (35) residential lots, three

(3) open space lots, and one (1) commercial lot,

located on approximately 37.6-acres of land, on the

east side of Rufe Snow Drive across from Barbara Lane,

at 545 Rufe Snow Drive, being tracts out of the

William H. Slaughter Survey, Abstract No. 1431 and the

Pamela Allen Survey, Abstract No. 28, and zoned as PD-

SF-25 (Planned Development-Single Family Residential-

25,000 square foot minimum) and PD-C (Planned

Development-Commercial). M/I Homes of Dallas,

owner/applicant/developer. Cody Johnson Studios,

Landscape Architect. Engineering Concepts and Design,

L.P., engineer. (TB-15-0003)

H-7 Memo

H-7 Resolution

H-7 Exhibit A

H-7 Staff Attachment (1of2)

H-7 Staff Attachment (2of2)

H-7 Maps

Mr. David Hawkins, Planning Manager, gave a

presentation relating to an amendment to a previously

approved tree mitigation plan appeal to the City of

Keller Unified Development Code, Article 10, Tree

Preservation, Section 10.01, Tree and Natural Feature

Preservation to allow advanced tree removal and lot

grading for residential Lots 1-4, 9-10, 19-20, 22-23,

26, 31-33, 35 and open space Lot 2, Block A of The

Trails at Bear Creek, a proposed development

consisting of thirty-five (35) residential lots, three

(3) open space lots, and one (1) commercial lot,

located on approximately 37.6-acres of land, on the

east side of Rufe Snow Drive across from Barbara Lane,

at 545 Rufe Snow Drive.

Page 22 of 27

Mr. Cody Johnson, Cody Johnson Studio, LLC and Mr.

Adam Whitworth, M/I Homes, addressed the City Council

regarding the proposal.

Council Member Bill Hodnett made a motion to approve

Resolution No. 3649 approving an amendment to a

previously approved tree mitigation plan appeal to the

City of Keller Unified Development Code, Article 10,

Tree Preservation, Section 10.01, Tree and Natural

Feature Preservation to allow advanced tree removal

and lot grading for residential Lots 1-4, 9-10, 19-20,

22-23, 26, 31-33, 35 and open space Lot 2, Block A of

The Trails at Bear Creek, a proposed development

consisting of thirty-five (35) residential lots, three

(3) open space lots, and one (1) commercial lot,

located on approximately 37.6-acres of land, on the

east side of Rufe Snow Drive across from Barbara Lane,

at 545 Rufe Snow Drive, being tracts out of the

William H. Slaughter Survey, Abstract No. 1431 and the

Pamela Allen Survey, Abstract No. 28, and zoned as PD-

SF-25 (Planned Development-Single Family Residential-

25,000 square foot minimum) with the following

condition:

1. The developer, M/I Homes, provide maintenance and

irrigation of the trees planted in open space

lots for two (2) years.

Council Member Armin Mizani seconded the motion. The

motion carried unanimously.

8. Consider a resolution approving a Preliminary Plat for

Ottinger Place, a proposed residential subdivision

consisting of eight (8) residential lots, located on a

8.08-acre tract of land, being Tracts 9b and 9b01a out

of the Jesse Gibson Survey, Abstract No. 592, located

on the east side of Ottinger Road, approximately 1,010

feet north of Knox Road, at 2035 and 2075 Ottinger

Road, and zoned SF-LD (Single Family-Low Density-

36,000 square foot lots). Garner Trust, owner.

Silveroak Land Development, applicant. Spry Surveyors,

surveyor. Hamilton Duffy, PC, engineer. (PP-15-0003)

H-8 Memo

H-8 Resolution

Page 23 of 27

H-8 Exhibit A

H-8 Maps

Mr. David Hawkins, Planning Manager, gave a

presentation relating to a Preliminary Plat for

Ottinger Place, a proposed residential subdivision

consisting of eight (8) residential lots, located on a

8.08-acre tract of land, being Tracts 9b and 9b01a out

of the Jesse Gibson Survey, Abstract No. 592, located

on the east side of Ottinger Road, approximately 1,010

feet north of Knox Road, at 2035 and 2075 Ottinger

Road.

Mr. Keith Hamilton, Hamilton Duffy, addressed the City

Council regarding the proposal.

Council Member Bill Dodge made a motion to deny a

resolution approving a Preliminary Plat for Ottinger

Place, a proposed residential subdivision consisting

of eight (8) residential lots, located on a 8.08-acre

tract of land, being Tracts 9b and 9b01a out of the

Jesse Gibson Survey, Abstract No. 592, located on the

east side of Ottinger Road, approximately 1,010 feet

north of Knox Road, at 2035 and 2075 Ottinger Road,

and zoned SF-LD (Single Family-Low Density-36,000

square foot lots). Mayor Pro Tem Rick Barnes seconded

the motion. The motion carried with the following

vote:

AYES: Council Member Debbie Bryan, Council Member

Bill Dodge, Council Member Bill Hodnett, and

Mayor Pro Tem Rick Barnes

NAYS: Mayor Mark Mathews, and Council Member Armin

Mizani.

9. Consider a resolution approving a Site Plan for

Stoneglen Office Park, an 11,981 square-foot office

complex, containing two (2) office buildings, on

approximately 1.56 acres of land on the southeast

corner of Bourland Road and Stoneglen Drive, being Lot

6R5, Block B, Stoneglen Addition, at 610 Stone Glen

Drive, and zoned R (Retail). Recnad LLC, owner. Prime

Advantage Enterprises Inc., applicant. Stoval-James

and Associates, engineer/architect. (SP-15-0011)

Page 24 of 27

H-9 Memo

H-9 Resolution

H-9 Exhibit A (1of2)

H-9 Exhibit A (2of2)

H-9 Staff Attachment

H-9 Maps

Mr. David Hawkins, Planning Manager, gave a

presentation relating to a Site Plan for Stoneglen

Office Park, an 11,981 square-foot office complex,

containing two (2) office buildings, on approximately

1.56 acres of land on the southeast corner of Bourland

Road and Stoneglen Drive, being Lot 6R5, Block B,

Stoneglen Addition, at 610 Stone Glen Drive.

Mr. John Dancer, applicant, addressed the City Council

regarding the proposal.

Council Member Armin Mizani made a motion to approve

Resolution No. 3650 approving a Site Plan for

Stoneglen Office Park, an 11,981 square-foot office

complex, containing two (2) office buildings, on

approximately 1.56 acres of land on the southeast

corner of Bourland Road and Stoneglen Drive, being Lot

6R5, Block B, Stoneglen Addition, at 610 Stone Glen

Drive, and zoned R (Retail) with the following

conditions:

1. The variance request to reduce the landscape

buffer along Bourland Road from thirty feet (30’)

to fifteen (15’) shall be allowed.

2. The variance request to reduce the landscape

buffer along Stoneglen Drive to ten feet (10’)

shall be allowed.

3. The variance request to allow the trees to be

installed along the northern edge of the south

landscape buffer in lieu of being centered within

the buffer shall be allowed.

Page 25 of 27

4. The variance request to reduce the length of the

parking lot island near the northeast corner of

Building 100, as indicated on the Site Plan in

Exhibit “A” shall be allowed.

5. The variance to allow one (1) parking island on

the northeast corner of Building 100, to not have

the required canopy tree as indicated on the

Landscape Plan in Exhibit “A” shall be allowed.

6. The variance to waive the requirement for

foundation planting along portions of the

building as shown on the Landscape Plan in

Exhibit “A” shall be allowed.

Mayor Pro Tem Rick Barnes seconded the motion. The

motion carried unanimously.

I. DISCUSSION - None

J. EXECUTIVE SESSION

1. Section 551.087, 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.

J-1 Memo

2. Section 551.071, Texas Government Code - Consultation

with attorney to seek advice about pending or

contemplated litigation or a settlement offer or other

matters permitted by such section.

a. Hall vs. City of Keller.

Page 26 of 27

b. Tree Ordinance Citations: 1740 Oakbrook Drive,

1736 Oakbrook Drive, 1733 Oakbrook Drive, 1732

Oakbrook Drive, 1728 Oakbrook Drive, 1725

Oakbrook Drive, 1717 Oakbrook Drive, 1713

Oakbrook Drive, 1709 Oakbrook Drive, 1112

Oakbrook Hills Court, 1115 Oakbrook Hills Court,

1119 Oakbrook Hills Court, and 8739 Davis Blvd.

J-2 Memo

3. Section 551.072, Texas Government Code - Deliberate

the purchase, exchange, lease, or value of real

property.

a. Tracts 8A, 8B, 9I, 6G and 6HI, Abstract No. 1171,

Samuel Needham Survey, City of Keller, Tarrant

County, Texas.

J-3 Memo

4. Section 551.071(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.

a. Atlas Pipeline.

J-4 Memo

5. Adjourn into Open Meeting.

6. Action on Executive Session Items 1, 2a, 2b, 3a, and

4a if necessary.

Item 1 – No action was taken.

Item 2a – Mayor Pro Tem Rick Barnes made a motion to

approve that the Mayor or City Manager sign an

engagement letter with the Law Firm of Taylor and

Olsen pertaining to Hall vs. City of Keller as

reviewed in Executive Session. Council Member Debbie

Bryan seconded the motion. The motion carried

unanimously.

Page 27 of 27

Item 2b – No action was taken.

Item 3a – No action was taken.

Item 4a – No action was taken.

K. ADJOURN

Mayor Pro Tem Rick Barnes made a motion to adjourn the

meeting at 10:07 p.m. Council Member Bill Hodnett seconded

the motion. The motion carried unanimously.

_________________________

MAYOR

___________________________

CITY SECRETARY