HomeMy WebLinkAboutCity Council-Agenda Packets-5/6/2014 City of Colleyville Page 1
City of Colleyville
City Council
Agenda
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Tuesday, May 6, 2014 City Council Chambers
PRE COUNCIL MEETING
EXECUTIVE SESSION
5:30 P.M.
EXECUTIVE CONFERENCE ROOM
THIRD FLOOR
CALL TO ORDER
PC-1 Discussion of electronic cigarette regulations
PC-2 Discussion of the L.D. Lockett Park/Cotton Belt Trailhead Enhancement
Project
PC-3 Discussion of the May 6, 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 - Keith Pardew v. City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease,
or value of real property for City facilities
Section 551.074 - Personnel - Deliberate the appointment, employment,
evaluation, and duties of the city manager
Section 551.087 – Economic Development - Discuss or deliberate
regarding commercial or financial information that the City has received
from business prospects that the City seeks to have locate, stay, or
expand in the City and with which the City is conducting economic
development negotiations; deliberate the offer of a financial or other
incentive to a business prospect
City Council Agenda May 6, 2014
City of Colleyville Page 2
RESUME REGULAR MEETING
7:30 P.M.
CITY COUNCIL CHAMBERS
INVOCATION: Pastor Ricky Texada, Colleyville Covenant 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-14-3743
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Presentation of the Government Finance Officers Association (GFOA)
Distinguished Budget Presentation Award - Assistant City Manager
and Chief Financial Officer Terry Leake, Finance Manager Karen
Hines, Strategic Services Manager Adrienne Lothery, and Human
Resources Director Michelle Reyes - Mayor David Kelly
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3744
4a Approval of the minutes of the regular City Council meeting of April
15, 2014
4b Approval of the minutes of the City Council Worksession of April 16,
2014
4c Approval of a Facility Naming Policy
4d Approval of a change order to the engineering services agreement
with CTC, Inc., for the design of railroad quiet zones at Bransford
Road, Pleasant Run Road, and John McCain Road, and authorize the
city manager to execute the agreement
4e Approval of a construction contract with Saber Development, for
Colleyville Boulevard (SH26) Water and Sanitary Sewer Relocations
– Phase 3, in an amount not to exceed $3,269,859.75, and authorize
the city manager to execute the contract
City Council Agenda May 6, 2014
City of Colleyville Page 3
4f Approval of an agreement between CTC, Inc. and the City of
Colleyville to provide maintenance services on the active warning
and advance pre-emption equipment installed at the Fort Worth and
Western Railroad crossings at Bransford Road, Pleasant Run Road,
and John McCain Road, and authorize the city manager to execute
the agreement
4g Approval of the use of Park Land Dedication Fund monies for
Pleasant Run Soccer Complex improvements
5. ORDINANCE(S):
FIRST READING AND PUBLIC HEARING
5a Ordinance O-14-1915
Consideration of a request for a Special Use Permit for a wedding
chapel on Lot 1R1, Block 1, of the Monterra Place Addition, located
at 1700 Tennison Parkway, Case ZC14-002
5b Ordinance O-14-1916
Consideration of a request for a Special Use Permit for on-premise
alcohol sales on Lot 3, Block 1, of the Tara Addition, located at 1009
Cheek-Sparger Road, Suite 122A, Case ZC14-003
5c Ordinance O-14-1917
Consideration of a request for an amendment to the Special Use
Permit for a Package Store development requirements for Lot 1,
Block 1, Atlantic Oil and Gas Addition, located at 7990 Precinct Line
Road, Case ZC14-005
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-14-3745
Denial of the rate increase requested by Atmos Energy Corp., Mid-
Tex Division under the Company's 2014 Annual Rate Review
Mechanism filing as the requested increase exceeds levels deemed
justifiable by the Atmos Cities Steering Committee
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
8. REPORTS
Colleyville Public Library Meeting Minutes-February 10, 2014
Planning and Zoning Commission Meeting Minutes-March 24, 2014
City Council Agenda May 6, 2014
City of Colleyville Page 4
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR MAY 6,
2014 - Reading and Public Hearing - Resolution R-14-3746
10. ADJOURNMENT
I hereby certify this agenda was posted on City Hall bulletin boards Friday, May 2,
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 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number PC-1 Agenda Date 05/06/2014
Type Pre Council
Department Community Development
Title
Discussion of electronic cigarette regulations
Explanation
At the request of Councilmember Jody Short, the purpose of this item is to discuss
possible regulations regarding the sale of electronic cigarettes in Colleyville.
Electronic cigarettes (or e-cigarettes) involve a battery-powered device which
simulates tobacco smoking by producing a vapor that resembles smoke. It generally
uses a heating element known as an atomizer that vaporizes a liquid solution. Some
solutions contain a mixture of nicotine and flavorings, while others release a flavored
vapor without nicotine. Although invented in 2003, electronic cigarette production
increased sharply in 2011 and the demand for these items has grown intensely since
then.
Given the recent popularity of electronic cigarettes, concern has grown about their
health effects and the relative ease with which they may be acquired. Currently, the
State of Texas and the Federal Government have no regulations related to the sale of
electronic cigarettes. However, on April 25, 2014, the Federal Food and Drug
Administration (FDA) announced the proposal of potential new administrative rules
related to the production and sale of electronic cigarettes. These rules include
restrictions on the sale of electronic cigarettes to minors. The rules are not anticipated
to be finalized for review for several months and may not be adopted for several more
months following the review period. It is also likely the Texas Legislature will consider
regulations at the next biennial session in 2015.
With no state or federal rules in place, some cities have begun adopting rules
regarding the sale, and in rarer cases the possession, of electronic cigarettes. These
rules include restrictions on where electronic cigarettes may be used, sold, and who
can use them. The list of state and cities adopting regulations changes almost daily.
The City of Colleyville currently has no regulations regarding the use and sale of
electronic cigarettes. However, as it relates to zoning, stand-alone stores that
specialize in the sale of electronic cigarettes are prohibited in Colleyville given that the
use is not a listed permitted principal use in the Land Development Code. The
accessory sale of electronic cigarettes is permitted in grocery stores, convenience
stores, package stores, and other retail stores where tobacco products are typically
sold as an accessory item. There are currently no restrictions on the sale of electronic
cigarettes to minors in Colleyville.
City Council Agenda Briefing
City of Colleyville Page 2
Of the seven cities that surround Colleyville, currently only Bedford and Grapevine
contain any specific restrictions related to electronic cigarettes. Grapevine added
restrictions on smoking electronic cigarettes on City-owned properties and in buildings
in March, and Bedford added more comprehensive regulations, including restrictions on
sales to minors and restrictions on possession in April. Copies of both ordinances are
attached.
NACCHO Policy Recommendations. The National Association of City and County Health
Officials (NACCHO) adopted a recommended practices policy statement in 2011,
updated in April 2014, directed toward local government regulation of electronic
cigarettes in lieu of any federal standards. A copy of the policy statement is attached.
The statement includes the following recommendations for local government regulation
of electronic cigarettes:
Use broadly-defined language to include e-cigarettes in new smoke-free
legislation for indoor and outdoor environments.
Make clear that e-cigarettes are covered by existing smoke-free laws through
clarifying opinion or regulation/rule. (Opening up or amending the definitions of
“smoke” and “smoking” to include e-cigarettes and e-cigarette vapor or aerosol
may jeopardize existing laws.)
Require tobacco retailer licenses to sell e-cigarettes, or add an additional fee for
existing tobacco retailers to sell e-cigarettes.
Limit the number of retailers or locations where e-cigarettes can be sold.
Prohibit sales of e-cigarettes to minors.
Ban sales of e-cigarette components that may appeal to minors, such as flavored
cartridges. Raise excise tax on e-cigarettes to a level equivalent to cigarettes and
other tobacco products.
Require disclosure of the chemicals included in electronic cigarette cartridges.
Oppose legislation at the local or state level that exempts e-cigarettes from
current smoking ban policies and regulations.
Advocate for state or federal regulation prohibiting sales of e-cigarettes on the
Internet or through the mail, especially in the case of minors.
Work with businesses and public institutions, such as malls, to voluntarily
prohibit e-cigarette sales on premises.
Based on City Council discussion and direction, staff may bring forward specific
regulations regarding electronic cigarettes for review and consideration on a future
agenda.
Attachments
1.NACCHO Policy Statement on Electronic Cigarettes
2.City of Bedford Ordinance
3.City of Grapevine Ordinance
12-04
STATEMENT OF POLICY
Regulation of Electronic Cigarettes (“E-Cigarettes”)
Policy
The National Association of County and City Health Officials (NACCHO) urges the Food and
Drug Administration (FDA) to enact strict regulations overseeing the sale, manufacture,
distribution, and advertising of electronic cigarettes, or e-cigarettes, and to conduct research on
their health impact. Until then, NACCHO encourages local health departments to support local
legislation and regulations that include any or all of the following measures: 1, 2
Use broadly-defined language to include e-cigarettes in new smoke-free legislation for
indoor and outdoor environments.
Make clear that e-cigarettes are covered by existing smoke-free laws through clarifying
opinion or regulation/rule. (Opening up or amending the definitions of “smoke” and
“smoking” to include e-cigarettes and e-cigarette vapor or aerosol may jeopardize
existing laws.)
Require tobacco retailer licenses to sell e-cigarettes, or add an additional fee for existing
tobacco retailers to sell e-cigarettes.
Limit the number of retailers or locations where e-cigarettes can be sold.
Prohibit sales of e-cigarettes to minors.
Ban sales of e-cigarette components that may appeal to minors, such as flavored
cartridges. Raise excise tax on e-cigarettes to a level equivalent to cigarettes and other
tobacco products.
Require disclosure of the chemicals included in electronic cigarette cartridges.
NACCHO also encourages local health departments to support e-cigarette control policy efforts
through any or all of the following:
Oppose legislation at the local or state level that exempts e-cigarettes from current
smoking ban policies and regulations.
Advocate for state or federal regulation prohibiting sales of e-cigarettes on the Internet or
through the mail, especially in the case of minors.
Work with businesses and public institutions, such as malls, to voluntarily prohibit e-
cigarette sales on premises.
Justification
In April 2011, the FDA announced that it intends to develop regulations for e-cigarettes.3 E-
cigarettes are battery-operated products designed to deliver nicotine, flavor, or other chemicals
through a vapor or aerosol inhaled by the user.4 Most e-cigarettes are manufactured to resemble
NACCHO Policy Statement on Electronic Cigarettes
cigarettes, cigars, and pipes5 often with an LED light at the tip that mimics the glow of a
conventional cigarette.6 Between 2010 and 2011, the proportion of e-cigarette ever-users doubled
to 6.2% of all adults and 21.2% of current smokers.7
NACCHO recognizes the importance of finding additional tools to help smokers quit. Currently,
little scientific evidence exists to show that e-cigarettes are effective cessation devices.
Furthermore, in 2010, a federal court ruling blocked the FDA’s attempts to broadly regulate e-
cigarettes as drugs or drug delivery devices. However, the FDA can still regulate e-cigarettes,
similar to regulations for nicotine replacement therapy, if therapeutic claims are made.8
Until further research shows that they are safe and effective as a cessation product, NACCHO
suggests that e-cigarettes are regulated to the extent that the law allows for tobacco products. To
that end, the FDA has the authority to regulate e-cigarettes as tobacco products under the Family
Smoking Prevention and Tobacco Control Act even though the FDA has yet to exert that
authority. According to the provisions of the Act, state and local governments can take additional
steps to regulate the sale and use of tobacco products and enact measures that are more restrictive
than federal law.9
Further research is needed on the health risks of e-cigarettes, but available evidence suggests
harmful effects. A recent study published in the European Respiratory Journal found that e-
cigarette users get as much nicotine from e-cigarettes as smokers usually get from tobacco
cigarettes.10 The FDA warns users of the potential health risks posed by e-cigarettes.11, 12 In
addition to nicotine, an FDA laboratory analysis found that e-cigarettes contain carcinogens and
toxic chemicals such as diethylene glycol, an ingredient used in antifreeze. Because there is little
control or regulation of e-cigarette products, the amount of nicotine inhaled with each “puff”
may vary substantially, and testing of sample cartridges found that some labeled as nicotine-free
in fact had low levels of nicotine.13 Users can refill their own cartridges with much higher doses
of nicotine, and the devices can also be filled with other harmful substances. For example,
instructions for filling cartridges with marijuana hash oil can be easily accessed on the Internet.14
The use of e-cigarettes makes it difficult for business owners and officials to enforce existing
smoke-free air laws.15 Their close resemblance to conventional cigarettes may cause confusion
and lead people to believe that it is legal to smoke in smoke-free environments. Additionally,
some e-cigarettes designed to look like everyday items, such as pens and USB memory sticks 16
make it easy for youth to disguise these products in schools and other settings. Prevalence of e-
cigarettes in public places increases second-hand exposure to the harmful chemicals released
from this product. Exhaled e-cigarette vapor or aerosol contains toxins and carcinogens, such as
nicotine, formaldehyde, and acetaldehyde that are released into the air. The health impact of this
exposure is a large concern and needs further investigation.17
Public health experts have expressed concern that e-cigarettes may increase nicotine addiction
and tobacco use in young people.18 E-cigarettes may be particularly appealing to youth due to
their high-tech design, wide array of available flavors, including candy- and fruit-flavored
cartridges, and easy availability online and in shopping malls.19 Because in nearly all
jurisdictions they are not taxed as tobacco products, e-cigarettes may be more easily obtained by
price-sensitive youth. A 2013 Morbidity and Mortality Weekly Report released by the Centers
for Disease Control and Prevention found that e-cigarette use more than doubled among U.S.
NACCHO Policy Statement on Electronic Cigarettes
middle and high school students from 2011-2012.20 The report also noted that 20% of middle
school e-cigarette users reported never having smoked conventional cigarettes.21
There is strong public support for regulation of e-cigarettes, according to the University of
Michigan C.S. Mott Children’s Hospital National Poll on Children’s Health. Among the
findings, 85 percent of U.S. adults favored prohibiting the sale of e-cigarettes to minors, and 91
percent supported requiring manufacturers to test e-cigarettes for safety.22
Various federal, state, and local regulations are in place or are being considered to restrict e-
cigarette use and sales. Amtrak has banned the use of electronic smoking devices, such as e-
cigarettes, on trains, in stations, and in any area where smoking is prohibited.23 In a
memorandum, the Air Force Surgeon General warned about safety concerns regarding electronic
cigarettes and placed them in the same category as tobacco products.24 Currently, the U.S.
Department of Transportation is proposing a regulation that would ban the use of e-cigarettes on
aircraft by clarifying that the use of e-cigarettes is prohibited in the same way that the use of
tobacco products is prohibited.25 Several state and local governments have taken steps to limit e-
cigarette use in public places and prohibit the sale of e-cigarettes to minors.26
References
1. Tobacco Control Legal Consortium. (2013). Regulating Electronic Cigarettes and Similar Devices. Retrieved
on March 31, 2014 from http://publichealthlawcenter.org/topics/tobacco-control/product-regulation/e-cigarettes
2. American Cancer Society Cancer Action Network, American Heart Association, American Lung Association,
and the Campaign for Tobacco‐Free Kids. (2011). Policy Guidance Document Regarding E-Cigarettes.
Retrieved on November 13, 2011 from http://naquitline.site-
ym.com/resource/resmgr/news/Revised_Policy_Guidance_on_E.pdf.
3. Denton, L. and Woodcock, J. (2011). Regulation of e-cigarettes and other tobacco products. Retrieved on April
6, 2014 from http://www.fda.gov/newsevents/publichealthfocus/ucm252360.htm .
4. U.S. Food and Drug Administration. (2011). Electronic Cigarettes. Retrieved on November 13, 2011 from
http://www.fda.gov/newsevents/publichealthfocus/ucm172906.htm.
5. Ibid.
6. ChangeLab Solutions. (2011). Electronic Cigarettes: How They Are – and Could Be – Regulated. Retrieved on
April 6, 2014 from http://changelabsolutions.org/sites/default/files/E-
cigarette_FactSht_FINAL_%28CLS_20120530%29_October21_2011_0.pdf .
7. King, B.A., Alam S., Promoff G., Arrazola R., Dube S.R. (2013) Awareness and ever-use of electronic
cigarettes among U.S. adults, 2010-2011. Nicotine Tob Res. Vol15(9):1623-1627.
8. Tobacco Control Legal Consortium. (2013). Regulating Electronic Cigarettes and Similar Devices. Retrieved
on March 31, 2014 from http://publichealthlawcenter.org/topics/tobacco-control/product-regulation/e-cigarettes
9. Ibid.
10. Etter, J.F. and Bullen, C. (2011) Saliva cotinine levels in users of electronic cigarettes. European Respiratory
Journal. Vol 38, 1219-1220.
11. U.S. Food and Drug Administration. (2011). Electronic Cigarettes. Retrieved on November 13, 2011 from
http://www.fda.gov/newsevents/publichealthfocus/ucm172906.htm.
12. U.S. Food and Drug Administration. (2009). FDA and Public Health Experts Warn About Electronic
Cigarettes. Retrieved on November 13, 2011 from
http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm173222.htm.
13. Ibid.
14. American Legacy Foundation. (2011). E-Cigarette or Drug Delivery Device?: Schroeder Institute Researchers
Raise Questions About Safety, Usage and Future Implications of New Nicotine Delivery Products. Retrieved on
November 11, 2011 from http://www.legacyforhealth.org/4550.aspx.
15. American Cancer Society Cancer Action Network, American Heart Association, American Lung Association,
and the Campaign for Tobacco‐Free Kids. (2011). Policy Guidance Document Regarding E-Cigarettes.
NACCHO Policy Statement on Electronic Cigarettes
Retrieved on November 13, 2011 from http://naquitline.site-
ym.com/resource/resmgr/news/Revised_Policy_Guidance_on_E.pdf.
16. U.S. Food and Drug Administration. (2011). Electronic Cigarettes. Retrieved on November 13, 2011 from
http://www.fda.gov/newsevents/publichealthfocus/ucm172906.htm.
17. Schripp, T., Markeqitz, D., Uhde, E. and Salthammer, T. (2012). Does e-cigarette consumption cause passive
vaping? Indoor Air, 23(1); 25-31.
18. U.S. Food and Drug Administration. (2009). FDA and Public Health Experts Warn About Electronic
Cigarettes. Retrieved on November 13, 2011 from
http://www.fda.gov/NewsEvents/Newsroom/PressAnnouncements/ucm173222.htm.
19. American Legacy Foundation. (2009). Electronic Cigarettes (“E-cigarettes”). Retrieved on November 12, 2011
from http://www.legacyforhealth.org/PDFPublications/ECIGARETTE_0909_temp.pdf.
20. Centers for Disease Control and Prevention. Notes from the field: Electronic cigarette use among middle and
high school students – United States, 2011-2012. MMWR 2013; 62, 729-730. Retrieved on April 16, 2014 from
http://www.cdc.gov/mmwr/preview/mmwrhtml/mm6235a6.htm.
21. Ibid.
22. University of Michigan Health System. (2010). e-Cigarettes: Support strong for health warnings, banning sales
to minors. Retrieved on November 11, 2011 from
http://www2.med.umich.edu/prmc/media/newsroom/details.cfm?ID=1711 .
23. Amtrak. Smoking and Non-Smoking Policies. (2011). Retrieved on November 11, 2011
http://www.amtrak.com/servlet/ContentServer?c=Page&pagename=am%2FLayout&cid=1241267382715 .
24. U.S. Air Force. AF surgeon general issues warning about safety of electronic cigarettes. (2010). Retrieved on
November 11, 2011 http://www.af.mil/news/story.asp?id=123218666.
25. U.S. Department of Transportation. U.S. Department of Transportation Proposes to Ban the Use of Electronic
Cigarettes on Aircraft. (2011). Retrieved on November 11, 2011
http://www.dot.gov/affairs/2011/dot11911.html.
26. Tobacco Control Legal Consortium. (2013). Regulating Electronic Cigarettes and Similar Devices. Retrieved
on March 31, 2014 from http://publichealthlawcenter.org/topics/tobacco-control/product-regulation/e-cigarettes
.
Record of Action
Submitted by Community Health Committee
Approved by NACCHO Board of Directors March 2012
Updated April 2014
NACCHO Policy Statement on Electronic Cigarettes
ORDINANCE NO. 14-3088
AN ORDINANCE REPEALING CHAPTER 82 - OFFENSES AND MISCELLANEOUS
PROVISIONS, ARTICLE III “SMOKING” OF THE CITY OF BEDFORD CODE OF
ORDINANCES AND ALL OTHER ORDINANCES IN CONFLICT THEREWITH AND CREATING
A NEW CHAPTER 82 - OFFENSES AND MISCELLANEOUS PROVISIONS, ARTICLE III,
“SMOKING;” PROVIDING THAT THIS ORDINANCE SHALL BY CUMULATIVE OF ALL
ORDINANCES; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Bedford is a home rule City acting under its home rule Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and,
WHEREAS, the dangers posed by tobacco are not limited to cigarettes, pipes or other
traditional forms of smoking; and,
WHEREAS, new, unregulated high-tech smoking devices, commonly referred to as
“electronic cigarettes” or “e-cigarettes” have recently become available to consumers;
and,
WHEREAS, nicotine is a known neurotoxin that is one of the most highly addictiv e
substances available for public consumption; and,
WHEREAS, e-cigarettes are entirely unregulated, there being no regulation by the federal
government and no Texas statutes or regulations that in any way limit the production,
distribution, or use of e-cigarettes; and,
WHEREAS, the City Council of Bedford, Texas has determined that it is the right of all
citizens to be able to choose for themselves whether to smoke either actively or passively;
and,
WHEREAS, the City Council of Bedford, Texas has determined that a ban on the sale of
electronic cigarettes, e-cigarettes, liquid nicotine and like products in the City to persons
under the age of eighteen (18) and a prohibition on self-service merchandising in the retail
sale of electronic cigarettes, e-cigarettes, liquid nicotine and like products in order to
minimize their physical accessibility to minors serves an important public interest in
furtherance of the health, safety and general welfare of the citizens of the City; and,
WHEREAS, the City Council of Bedford, Texas has determined that the Texas Legislature
currently prohibits the possession, purchase, consumption or receipt of cigarettes or
tobacco products by minors, and the City enforces such regulations; and,
WHEREAS, the City Council of Bedford, Texas has determined that the Texas Legislature
currently regulates vendor assisted sales and vending machines of cigarettes or tobacco
products, including, but not limited to, prohibiting the use of the same by minors; and,
WHEREAS, the City Council of Bedford, Texas has determined that in order to promote
the public health, safety and welfare of the City and its citizens, it is in the best
interest of the City and its citizens to amend the Code of Ordinances as set forth
below.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BEDFORD,
TEXAS:
SECTION 1. That the findings above are found to be true and correct, and are
incorporated herein.
SECTION 2. That Chapter 82 – Offenses and Miscellaneous Provisions, Article III,
“Smoking” of the City’s Code of Ordinances is hereby repealed.
City of Bedford Ordinance
SECTION 3. That Chapter 82 – Offenses and Miscellaneous Provisions, Article III,
“Smoking” of the City’s Code of Ordinances is created and shall read as
follows:
ARTICLE III. SMOKING
Sec. 82-71. Definitions.
The following words, terms and phrases, when used in this article, shall
have the meanings ascribed to them in this section, except where the context
clearly indicates a different meaning:
Administrative area means the area of an establishment not generally
accessible to the public, including but not limited to individual offices,
stockrooms, employee lounges, or meeting rooms.
Cigar means, unless otherwise amended by the Tex. Tax Code, Chapter
155, a roll of fermented tobacco that is wrapped in tobacco and the main stream of
smoke from which produces an alkaline reaction to litmus paper.
Cigarette means, unless otherwise amended by the Tex. Tax Code, Chapter
154, a roll for smoking: (A) that is made of tobacco or tobacco mixed with another
ingredient and wrapped or covered with a material other than tobacco; and (B) that
is not a cigar.
Conspicuous means of a size and contrast that is clearly visible and legible
to the general public and unobstructed from view.
Electronic cigarette or e-cigarette means any electronic or mechanical
device usually composed of a mouthpiece, heating element or atomizer, battery,
and electronic circuits that provides, or is manufactured to provide, a vapor and/or
gas derived from liquid nicotine and/or other substances delivered or deliverable
to the user to inhale in simulation of smoking. The term includes every version and
type of such devices whether they are manufactured or marketed as electronic
cigarettes, e-cigarettes, electronic cigars, e-cigars, electronic pipes, e-pipes,
electronic vaping device, mechanical PV’s, electronic nicotine delivery system, or
other similar device under any other product name or description.
Food products establishment means an operation that sells food for human
consumption.
Hospital means any institution that provides medical, surgical, and
overnight facilities for patients.
Liquid nicotine means any liquid product composed either in whole or in
part of nicotine, propylene glycol and/or any other substance and manufactured
for use with electronic cigarettes or e-cigarettes.
Minor means a person younger than eighteen (18) years of age.
Open display unit means, in the context of the retail sale of electronic
cigarettes or e-cigarettes and/or liquid nicotine, any device, furniture, or furnishing
within or upon which electronic cigarettes or e-cigarettes and/or liquid nicotine are
displayed to customers, and includes, but is not limited to, any case, rack, shelf,
counter, table, desk, kiosk, booth, stand, vending machine, and other surface.
Possession means to have on or about the person or otherwise exercise
actual care, custody, management or control over a tangible object or substance.
City of Bedford Ordinance
Public service area means any enclosed area to which the general public
routinely has access for municipal services or which is designated a public service
area in a written policy of the agency in charge of such area.
Retail and service establishment means any establishment which sells
goods or services to the general public.
Self-service merchandising means, in the context of the retail sale of
electronic cigarettes or e-cigarettes and/or liquid nicotine, the open display,
including, without limitation, the use of an open display unit of electronic
cigarettes or e-cigarettes and/or liquid nicotine, whether packaged or otherwise,
for direct retail customer access and handling prior to purchase without the
intervention or assistance of the retailer or the retailer’s owner, employee or agent.
Smoke(s) or smoking means and includes the carrying, possessing or
holding of a pipe, cigarette, tobacco product, electronic cigarette or e-cigarette or
liquid nicotine of any kind which is burning or emitting a vapor.
Tobacco product means: (A) cigar; (B) smoking tobacco, including
granulated, plug-cut, crimp-cut, ready-rubbed, and any form of tobacco suitable for
smoking in a pipe or as a cigarette; (C) chewing tobacco, including Cavendish,
Twist, plug scrap and any kind of tobacco suitable for chewing; (D) snuff or other
preparations of pulverized tobacco; or (E) an article or product that is made of
tobacco or a tobacco substance and that is not a cigarette.
Sec. 82-72. Prohibited in certain public areas.
(a) A person commits an offense if he or she smokes or uses a tobacco product,
weed or other plant product, electronic cigarette, e-cigarette or liquid nicotine
in any of the following indoor or enclosed areas:
(1) An elevator used by the public;
(2) A hospital or nursing home corridor providing direct access to patients'
rooms;
(3) Any facility owned, operated or managed by the city unless the area is
designated as a smoking area. The city manager or a designated agent
may designate an area as a smoking area;
(4) Any retail or service establishment for serving the general public;
(5) An area marked with a no smoking sign in accordance with subsection
(e) of this section by the owner or person in control of a hospital, nursing
home, or retail or service establishment serving the general public; or
(6) An enclosed theater, movie house, library, museum or transit system
vehicle.
(b) A person commits an offense if he or she smokes or uses a tobacco product,
weed or other plant product, electronic cigarette, e-cigarette or liquid nicotine
within 100 feet of the main public entrance of the Bedford Public Library.
(c) Except as specified in subsection (b), a person commits an offense if he or
she smokes or uses a tobacco product, weed or other plant product,
electronic cigarette, e-cigarette or liquid nicotine within 25 feet of a public
entrance of any city facility.
(d) The owner or person in control of an establishment or area designated in
subsection (a) of this section shall post a conspicuous sign visible from the
main public entrance to the nonsmoking area. The sign shall contain the
words "No Smoking, City of Bedford Ordinance," the universal symbol for no
smoking, or other language that clearly prohibits smoking.
(e) The owner or person in control of an establishment or area described in
subsection (a)(4) or (a)(6) may designate an area, including, but not limited
to, lobbies, meeting rooms or waiting rooms, as a smoking area; provided
that the designated smoking area may not include:
(1) The entire establishment;
(2) Cashier areas or over-the-counter sales areas; or
(3) The viewing area of any theater or movie house.
City of Bedford Ordinance
(f) It is a defense to prosecution under this section if the person was smoking in
a location that was:
(1) A designated smoking area of a facility or establishment described
in subsection (a)(4) or (a)(6) of this section which is posted as a
smoking area with appropriate signs;
(2) An administrative area or office of an establishment described in
subsection (a)(4) or (a)(6) of this section;
(3) A retail or service establishment serving the general public with less
than 1,000 square feet of public showroom or service space; or
(4) A retail or service establishment which is primarily engaged in the
sale of tobacco products, electronic cigarettes or e-cigarettes, liquid
nicotine or smoking implements.
Sec. 82-73. Food products establishments.
(a) A food products establishment which has indoor or enclosed dining areas
shall provide a separate indoor dining area for nonsmoking patrons.
(b) A nonsmoking area must:
(1) Be separated, where feasible, from smoking areas by a minimum of
four feet of continuous floor space;
(2) Be ventilated, where feasible, and situated so that air from the
smoking area is not drawn into or across the nonsmoking area;
(3) Be clearly designated by appropriate signs visible to patrons within
the dining area indicating that the area is designated nonsmoking;
and
(4) Have ash trays or other suitable containers for extinguishing
smoking materials at the perimeter of the nonsmoking area.
(c) Each food products establishment which has a dining area shall have signs
at the establishment's entrance indicating that nonsmoking seating is
available.
(d) Nondining areas of any food products establishment affected by the
section to which patrons have general access, including, but not limited to,
food order areas, food service areas, restrooms, and cashier areas, shall be
designated nonsmoking areas.
(e) It is a defense to prosecution under this section that the food products
establishment is:
(1) An establishment which has indoor seating arrangements for less
than 100 patrons and has public exterior entrances posted
conspicuously thereto a sign which states "This Establishment Does
Not Provide a No-Smoking Area;"
(2) An establishment which has more than 50 percent of its annual
gross sales in alcoholic beverages; or
(3) A physically separated bar area of food products establishment
otherwise regulated.
Sec. 82-74. Smoking in food products establishments.
A person commits an offense if he or she smokes or uses a tobacco product, weed
or other plant product, electronic cigarette, e-cigarette or liquid nicotine in an area
of a food products establishment designated as nonsmoking.
Sec. 82-75. Possession of tobacco products by minors prohibited.
(a) Prohibition of possession by a minor. A minor commits an offense if the
minor possesses a tobacco product.
(1) Defense. It is a defense to prosecution for the violation of subsection
(a) that a minor possessed a tobacco product:
a. While in the course and scope of the minor's employment
by a person or entity holding a permit issued by the state
authorizing the person to engage in the business of being a
distributor, wholesaler, bonded agent or retailer of tobacco
products; or
City of Bedford Ordinance
b. In the presence of an adult parent, guardian, or spouse, or
other adult to whom the minor has been committed by the
court.
c. That the individual younger than 18 years of age is
participating in an inspection or test of compliance in
accordance with Section 161.088, Health and Safety Code.
(b) Purchase of tobacco products by a minor—False information. It is an
offense for a minor, in order to acquire a tobacco product, to state to any
person engaged in the business of selling tobacco products that such
minor is not a minor, or to present to any such person a document or
writing that purports to establish that such a minor is not a minor.
(c) Penalties. A person who violates a provision of this chapter is guilty of a
separate offense for each day or part of a day during which the violation is
committed, continued, or permitted. Each offense, upon conviction, is
punishable by a fine not to exceed $500.00.
Sec. 82-76. Possession, purchase, consumption, or receipt of Electronic Cigarettes or E-
Cigarettes and/or Liquid Nicotine by minors prohibited.
(a) Prohibition of possession by a minor. A minor commits an offense if the
minor possesses an electronic cigarette or e-cigarette or liquid nicotine.
(1) Defense. It is a defense to prosecution for the violation of
subsection (a) that a minor possessed a electronic cigarette or e-
cigarette or liquid nicotine:
a. While in the course and scope of the minor's employment
by a person or entity where possession or receipt of the
electronic cigarette, e-cigarette or liquid nicotine is required
in the performance of the employee’s duties as an
employee; or
b. In the presence of an adult parent, guardian, or spouse, or
other adult to whom the minor has been committed by the
court.
c. That the individual younger than 18 years of age is
participating in an inspection or test of compliance in
accordance with Section 161.088, Health and Safety Code.
(b) Purchase of tobacco products by a minor—False information. It is an
offense for a minor, in order to acquire an electronic cigarette or e-cigarette
or liquid nicotine, to state to any person engaged in the business of selling
tobacco products that such minor is not a minor, or to present to any such
person a document or writing that purports to establish that such a minor
is not a minor.
(c) Penalties. A person who violates a provision of this chapter is guilty of a
separate offense for each day or part of a day during which the violation is
committed, continued, or permitted. Each offense, upon conviction, is
punishable by a fine not to exceed $500.00.
Sec. 82-77. Sale of electronic cigarette or e-cigarette or liquid nicotine to persons younger
than 18 years of age prohibited; proof of age required.
(a) A person or retailer commits an offense if the person or retailer with
criminal negligence:
(1) Sells, gives or causes to be sold or given an electronic cigarette
or e-cigarette or liquid nicotine to someone who is younger than
18 years of age; or,
(2) Sells, gives or causes to be sold or given an electronic cigarette
or e-cigarette or liquid nicotine to another person who intends to
deliver it to someone who is younger than 18 years of age.
(b) If an offense under this section occurs in connection with a sale by an
employee of the owner of a store in which electronic cigarettes, e-
City of Bedford Ordinance
cigarettes and/or liquid nicotine is/are sold at retail, the employee is
criminally responsible for the offense and is subject to prosecution.
(c) It is a defense to prosecution under subsection (a)(1) that the person to
whom the electronic cigarette, e-cigarette or liquid nicotine was sold or
given presented to the defendant apparently valid proof of identification.
(d) A proof of identification satisfies the requirements of subsection (c) if it
contains a physical description and photograph consistent with the
person’s appearance, purports to establish that the person is 18 years of
age or older and was issued by a governmental agency. The proof of
identification may include a driver’s license issued by this state or another
state, a passport or an identification card issued by a state or the federal
government.
Sec. 82-78. Vendor assisted sales required; self-service merchandising prohibited.
(a) Except as provided in subsection (b), a retailer or other person may not:
a. Offer electronic cigarettes, e-cigarettes, or liquid nicotine for sale in
a manner that permits a customer direct access to the electronic
cigarettes, e-cigarettes, or liquid nicotine;
b. Offer for sale or display for sale electronic cigarettes, e-cigarettes,
or liquid nicotine by means of self-service merchandising; or,
c. Install or maintain an open display unit containing electronic
cigarettes, e-cigarettes, or liquid nicotine.
(b) It is a defense to prosecution under subsection (a) if:
a. A facility or business is not open to persons younger than 18 years
of age at any time;
b. A facility or business is a premises for which a person holds a
package store permit issued under the Alcoholic Beverage Code;
or,
c. An open display unit is located in an area that is inaccessible to
customers.
Secs. 82-79-82-100. Reserved
SECTION 4. That a person who violates a provision of this chapter is guilty of a
separate offense for each day or part of a day during which the violation is
committed, continued, or permitted. Each offense, upon conviction, is
punishable by a fine not to exceed $500.00.
SECTION 5. That this ordinance shall be and is hereby declared to be cumulative of all
other ordinances of the City of Bedford, Texas, and this ordinance shall not
operate to repeal of affect any other ordinance except insofar as the
provisions thereof might be inconsistent or in conflict with the provisions of
this ordinance, in which event such conflicting provisions, if any, in such
other ordinance or ordinances are hereby required.
SECTION 6. That if any section, subsection, sentence, clause or phrase of this ordinance
is for any reasons held unconstitutional, such holding shall not affect the
validity of the remaining portions of this ordinance.
SECTION 7. That this ordinance shall become effective from and after its passage.
PRESENTED AND PASSED on this 8th day of April 2014, by a vote of 7 ayes, 0 nays and 0
abstentions, at a regular meeting of the City Council of the City of Bedford, Texas.
City of Bedford Ordinance
________________________________
Jim Griffin, Mayor
ATTEST:
_____________________________________
Michael Wells, City Secretary
APPROVED AS TO FORM:
_____________________________________
Stan Lowry, City Attorney
City of Bedford Ordinance
ORDINANCE NO. 2014-13
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, AMENDING THE GRAPEVINE
CODE OF ORDINANCES CHAPTER 16 PARKS AND
RECREATION BY AMENDING AND REPLACING
SECTION 16-18; PROHIBITING USE OF ELECTRONIC
CIGARETTES AND TOBACCO PRODUCTS IN PARKS
AND PARK FACILITIES; PROVIDING A PENAL TY
CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Grapevine is a Home Rule municipality having full powers
of self-government and may enact ordinances relative to its citizens' health, safety, and
welfare that are not inconsistent with the Constitution and laws of the State; and
WHEREAS, the City Council (the "City Council") of the City of Grapevine, Texas
(the "City"), finds and determines that the City currently regulates the use of tobacco
products in public parks and park facilities; and
WHEREAS, the City Council finds and determines that sale and use of electronic
cigarettes ("e-cigarettes") is increasingly popular; and
WHEREAS, the City Council finds and determines that the use of e-cigarettes is
not emission-free; and
WHEREAS, the City Council finds and determines that the emission of e-
cigarettes is a source of passive exposure to the substances contained in the mist of
electronic cigarettes; and
WHEREAS, the City Council finds and determines that it is the right of all citizens
to choose whether to smoke actively or passively and that the parks and park facilities
should therefore be a smoke-free environment; and
WHEREAS, the City Council finds and declares that the meeting at which this
ordinance is considered is open to the public as required by law, and that public notice
of the time, place and purpose of said meeting was given as required by Chapter 551,
Texas Government Code.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That the statements contained in the preamble to this ordinance are
hereby adopted as findings of fact and as a part of the operative provisions hereof.
City of Grapevine Ordinance
Section 2. That the City of Grapevine Code of Ordinances Chapter 16 is
hereby amended by amending and replacing Section 16-18. Tobacco free parks and
park facilities as follows:
"Sec. 16-18. Tobacco and E-cigarette free parks and park facilities.
(a) It shall be unlawful for any person to smoke E-cigarettes or tobacco
or chew or dip tobacco or snuff at any parks or park facility owned
or leased by the City of Grapevine that has been posted "This
Park/Park Facility is Tobacco and E-cigarette Free."
(b) The City Council shall by resolution designate any city owned or
leased park or park facility as tobacco and E-cigarette free and
upon such designation, the city manager or his designee is
authorized to post signs giving notice that such action is prohibited
in such park or park facility.
.
(c) In this section, "E-cigarette" means any electronic device that is
designed to deliver nicotine or other chemicals or substances by
creating a vapor or mist that is deliverable to the user through
inhalation in the simulation of smoking. This term shall include
every version and type of such devices whether they are
manufactured or marketed as electronic cigarettes, e-cigarettes,
electronic cigars, e-cigars, electronic pipes, e-pipes, or under any
other product name or description."
Section 3. That all ordinances or any parts thereof in conflict with the terms of
this ordinance shall be and hereby are deemed repealed and of no force or effect.
Section 4. That any person violating any of the provisions of this ordinance
shall be deemed guilty of a misdemeanor and shall upon final conviction thereof be
fined in the amount not to exceed five hundred dollars ($500.00).
Section 5. That if any section, subsection, sentence, clause or phrase of this
ordinance shall for any reason be held to be invalid, such decision shall not affect the
validity of the remaining portions of this ordinance.
Section 6. That the fact that the present ordinances and regulations of the City
of Grapevine, Texas are inadequate to properly safeguard the health, safety, morals,
peace and general welfare of the inhabitants of the City of Grapevine, Texas, creates an
emergency for the immediate preservation of the public business, property, health,
safety and general welfare of the public which requires that this ordinance shall become
effective from and after the date of its passage, and it is accordingly so ordained.
ORD. NO. 2014-13 2
City of Grapevine Ordinance
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this 18th day of March, 2014.
ATTEST:
City Secretary
APPROVED AS TO FORM:
City Attorney
ORD. NO. 2014-13 3
APPROVED:
William D. Tate
Mayor
City of Grapevine Ordinance
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number PC-2 Agenda Date 05/06/2014
Type Pre Council
Department City Manager
Title
Discussion of the L.D. Lockett Park/Cotton Belt Trailhead Enhancement Project
Explanation
Aaron Babcock, with Hidell and Associates Architects, Inc., will provide the City Council
with a presentation of the proposed amenities and conceptual layout for the L.D.
Lockett Park / Cotton Belt Trailhead Enhancement Project. The L.D. Lockett Park /
Cotton Belt Trailhead Enhancement Project was initially proposed by the City Council
after the review and subsequent adoption of the 2011 Parks, Recreation and Open
Space Master Plan in December 2011. In April 2012, Cotton Belt Trail Phase II was
completed, bringing connectivity to L.D. Lockett Park and the Cotton Belt Trail.
Funding in the amount of $100,000 was approved in the Fiscal Year 2013 Colleyville
Economic Development Corporation (CEDC) budget and was carried forward to the
Fiscal Year 2014 CEDC budget. The services of Hidell and Associates Architects were
retained to establish conceptual site drawings with all architectural, engineering, and
landscaping drawings required for the construction of the approved design.
The City hosted a public meeting on January 30, 2014, at the Colleyville Library with
Aaron Babcock from Hidell and Associates Architects, facilitating the presentation and
group discussion. In an effort to obtain as much citizen input as possible, five signs
were placed along the Cotton Belt Trail, Trailhead, and at the entrance to L.D. Lockett
Park. Additionally, 353 letters were sent to citizens in the surrounding area requesting
their participation. Approximately 35 people participated in this meeting, sharing their
opinions on what amenities the site should hold. In reviewing the information received
at this public meeting, Hidell and Associates Architects evaluated this information in
conjunction with the priorities and needs identified by over 300 Colleyville citizens that
took part in the 2011 Parks, Recreation and Open Space Master Plan. A conceptual
plan was developed by Hidell and Associates Architects based on public input from the
January 30, 2014 public meeting and the attached outdoor facility needs identified in
the 2011 Parks, Recreation and Open Space Master Plan. At the April 7, 2014, Parks
and Recreation Advisory Board meeting, the proposed amenities contained in the
conceptual site plan were presented and unanimously approved by the Board.
Pending the City Council's review and approval of the project, Hidell and Associates
Architects will develop a set of detailed construction documents to move forward with
the bid and construction of these enhancements. There is funding available in the
amount of $206,743 in the Fiscal Year 2014 CEDC operating budget and the balance of
Park Land Dedication Fund allocation for the Cotton Belt Phase II project.
City Council Agenda Briefing
City of Colleyville Page 2
Attachments
1.Outdoor Facility Needs - 2011 Parks, Recreation and Open Space Master Plan -
December 2011 - Excerpt
2.Presentation of the L.D. Lockett Park / Cotton Belt Trailhead Enhancement Project
3.L.D. Lockett Park Renovation Estimate of Probable Construction Cost
Executive Summary
ES – 9
Outdoor and Indoor Facilities
OUTDOOR FACILITY NEEDS AND RECOMMENDATIONS
The City of Colleyville has been proactive in providing outdoor athleticfacilitiesfor competitive
use and,therefore,does not need to develop additional competitive use facilitieswithin the next
five years. However, alevel of serviceanalysis of practice facilities and non-athletic outdoor
recreation facilities does indicate a need(see Figure ES 3). These needs align with the results of
the public involvement process,in which many residents expressed the need for more trails and
passive park amenities for family use. The majority of the facilities shown in Figure ES 3 can be
constructed along with park development; however, some recreational facilities could be
constructed independently of other park development projects.
Figure ES 3
Outdoor Facility Needs
(These needs are based on a level of service analysis and
may not be directly reflected in the Implementation Plan)
Athletic Facility Needs (2011–2016 or 5 Year Target)*
x Multi-Purpose Practice Fields**2 Fields
x Basketball Goals 2 Goals***
Non-Athletic Facility Needs (2011–2016 or 5 Year Target)*
x Paved Hike and Bike Trails 4 Miles
x Natural Surface Trails 2 Miles
x Playgrounds 3 Playgrounds
x Pavilions 2 Pavilions
*Deficiencies based on a projected 2016 population of 24,115
**Open fields designed or usable for football, soccer, and baseball practice
***One full-court or two half-courts
Outdoor Facility Needs - 2011 Parks, Recreation and Open Space
Master Plan - December 2011 - Excerpt
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
CITY OF COLLEYVILLE
IMPLEMENT
ANALYZE NEEDS DEVELOP A PLAN IMPLEMENT
Review Review
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
CITY OF COLLEYVILLE
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
LD LOCKETT PARK RENOVATION
QUICK STATS
•4.585 Acres
•Located on the west side
of the City
•Trailhead to the Cotton
Belt Trail completed in
2012
•Existing former residence
located on site
EXISTING PARK ANALYSIS
CITY OF COLLEYVILLE
EXISTING AMENITIES
•Parking (17 Spaces)
•Paved Trailhead
•Open Play Space
•Picnic Tables
•Mature Trees
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
FLOODPLAIN
•The extent of site area
within the 100 Year
Floodplain
•Permanent structures are
required to meet FEMA
Floodplain Management
Regulations and Building
Codes and Standards
EXISTING PARK ANALYSIS
LD LOCKETT PARK RENOVATIONCITY OF COLLEYVILLE
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
EXISTING HOUSE
•1,908 Square Feet
•Built in 1972
•Does not meet current
ADA standards
•Requires Asbestos
Abatement
LD LOCKETT PARK RENOVATION
EXISTING PARK ANALYSIS
CITY OF COLLEYVILLE
EXISTING TRAILHEAD
•Connects to Cotton Belt Trail
EXISTING TREES
•Existing trees are mature
and provide shade
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
CITY OF COLLEYVILLE
DISCUSS
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
PROPOSED AMENITIES No. of Votes
CITY OF COLLEYVILLE
Adult Playground 17
Pavilion/Restroom Combination 14
Water Station 12
Bike Repair & Water Station 11
Children's Playground 10
Basketball Court 6
Warning signs along trail 4
Restroom 3
Dog pick-up bags 3
Trail Map 2
Tennis Court 2
Pavilion 2
Wildlife Display 1
Dog Park 1
Vending Machines 0
Lighting 0
Bike Rental 0
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
CITY OF COLLEYVILLE
DEVELOP A PLAN
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
NEW CHILDREN’S PLAYGROUND
•Strategically locate a small playground area to utilize the existing trees
for shading.
PROPOSED AMENITIES
CITY OF COLLEYVILLE
MONUMENT SIGN
•New monument sign for L.D. Lockett Park. Masonry and cast stone sign
with cast aluminum letters. Locate sign between existing entry drives.
NEW PAVILION
•Existing home to be demolished. Install a new pavilion at the same location.
EXISTING TRAILHEAD
•Existing trailhead to remain.
NEW SITE AMENITIES & CONCRETE PAVING
•Strategically locate new water station, bike repair station, bike rack, trash cans,
and bench seating along new concrete paving that links to the trailhead.
NEW ADULT FITNESS EQUIPMENT
•Strategically locate adult fitness equipment to utilize the existing trees
for shading.
EXISTING OPEN SPACE
•Existing open space to remain. Minimize impact of new amenities on
existing open play space. Utilize existing well to irrigate open play area,
which is primarily used as a soccer practice field.
EXISTING PARKING
•Existing parking to remain. Additional striping and signage required for
handicap parking space.
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
EXISTING PARKING
CITY OF COLLEYVILLE
EXISTING PARKING
•Existing 17 parking spaces to remain
NEW HANDICAP SPACE
•Add existing handicap parking striping, wheel stop, and sign
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
NEW PAVILION
CITY OF COLLEYVILLE
EXISTING STRUCTURE
•Existing structure to be removed completely.
NEW PAVILION
•Install new pre-manufactured pavilion
•20’-0” x 30’-0” with metal roof, steel columns with brick
veneer.
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
NEW SITE AMENITIES & CONCRETE PAVING
CITY OF COLLEYVILLE
NEW WATER STATION
•New water station with bottle filler and pet fountain.
NEW BIKE REPAIR STATION
•New bicycle repair station.
NEW BIKE RACK
•Provide new concrete paving that links the trail to the
various onsite amenities.
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
NEW TRASH CAN
•Strategically locate new trash can adjacent to pavilion
seating area.
NEW SITE AMENITIES & CONCRETE PAVING
CITY OF COLLEYVILLE
NEW BENCH SEATING
•Strategically locate bench seating adjacent to
playground area.
NEW TRAIL SIGN & TRASH CAN
•Install new permanent sign adjacent to trailhead entry.
Sign to indicate trail layout and amenities.
NEW CONCRETE PAVING
•Install concrete paving to link various site amenities.
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
NEW CHILDREN’S PLAYGROUND
•Strategically locate a small playground area to utilize the
existing trees for shading. (Final playground configuration
to be determined by existing well location, tree location and
tree drip line. Existing tree root system to be analyzed to
determine proximity of playground fall zone.)
CHILDREN’S PLAYGROUND
CITY OF COLLEYVILLE
EXISTING WELL
•Approx. location of existing well house. Final configuration
of children’s playground area shall be coordinated with
existing well location.
ALTERNATE OPTION
•Based upon preliminary budget analysis, the children’s
playground equipment shall be treated as an add alternate
during the bidding process.
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
NEW ADULT FITNESS EQUIPMENT
•Strategically locate new adult fitness equipment to utilize the
existing trees for shading. Surface for equipment shall be
porous to allow drainage for tree root system. (Final
configuration to be determined by existing tree location and
tree drip line. Existing tree root system to be analyzed to
determine proximity of concrete curb.)
ADULT FITNESS EQUIPMENT
CITY OF COLLEYVILLE
ALTERNATE OPTION
•Based upon preliminary budget analysis, the adult fitness
equipment shall be treated as an add alternate during the
bidding process.
EXISTING WELL
•Approx. location of existing well house. Final configuration
of adult fitness area shall be coordinated with existing well
location.
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
ESTIMATE OF PROBABLE CONSTRUCTION COST
CITY OF COLLEYVILLE
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
CHILDREN’S PLAYGROUND___________________________________$7,552
•Playground surfacing and concrete curb (see alternate for equipment)
ADULT FITNESS____________________________________________$4,622
•Surfacing and concrete curb (see alternate for equipment)
Handicap Parking____________________________________________$731
•Additional striping and signage
SUB-TOTAL______________________________________________$161,389
GENERAL CONTRACTOR MARK-UP___________________________$30,365
•General conditions, profit & overhead, bond, insurance
DESIGN CONTINGINCY ______________________________________$9,588
•5% of construction cost
TOTAL __________________________________________________$201,342
ALTERNATE CHILDREN’S EQUIPMENT_________________________$24,780
•Playground Equipment and Installation cost, General Contractor mark-up
ALTERNATE ADULT FITNESS EQUIPMENT______________________$25,606
•Fitness Equipment and Installation cost, General Contractor mark-up
SITE WORK______________________________________________$29,210
•Demolition, excavation, silt fence, inlet protection, handicap parking
•*NOTE: Existing home will require asbestos abatement
UTILITIES _______________________________________________$14,075
•Domestic water service, backflow preventer, well pump allowance, sanitary
sewer systems, electric service (site lighting and pavilion power)
LANDSCAPE & IRRIGATION_________________________________$14,145
•Landscape beds, irrigation, soil prep, mulch, and planting material
CONCRETE SIDEWALK PAVING_______________________________$7,188
•4” concrete paving with no sand cushion
LANDSCAPE ACCESSORIES_________________________________$13,033
•Picnic tables (4); Park Bench (2); Trash Can (2); Soccer Goal (2);
Bike Rack (1); Trail Sign (1)
BIKE REPAIR STATION______________________________________$2,799
•Concrete pad, equipment and installation
WATER STATION__________________________________________$8,490
•Supply and drain piping, equipment and installation
PAVILION _______________________________________________$53,680
•Structural slab, pre-manufactured steel shelter, masonry columns, and
lighting.
MONUMENT SIGN________________________________________$5,864
•Concrete foundation, masonry veneer, cast stone panel, cast aluminum
letters, lighting.
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
Prepared by Hidell and Associates Architects, Inc.
May 6, 2014
CITY OF COLLEYVILLE
L.D. LOCKETT PARK / COTTON BELT TRAILHEAD ENHANCEMENT PROJECT
CITY COUNCIL PRESENTATION
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City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number PC-3 Agenda Date 05/06/2014
Type Pre Council
Department City Secretary
Title
Discussion of the May 6, 2014, City Council regular agenda items
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 1 Agenda Date 05/06/2014
Type Executive Session
Department City Secretary
Title
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 -
Keith Pardew v. City of Colleyville
Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of
real property for City facilities
Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation,
and duties of the city manager
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
Attachments
RESOLUTION R-14-3743
A RESOLUTION APPROVING CITY COUNCIL ACTION
REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR
CITY COUNCIL MEETING OF MAY 6, 2014
WHEREAS,following discussion in Executive Session, and in full
accordance with the requirements of the Open Meetings Act,
the City Council determines that the following action is in the
best interests of the health, safety, and welfare of the public.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT the following actions of the City Council are hereby
adopted and approved:
a.THAT
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ____ AYES, ____NAYS, AND ____ ABSTENTIONS
ON THIS THE 6TH DAY OF MAY 2014.
ATTEST:CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 3 Agenda Date 05/06/2014
Type Announcements, Proclamations and Presentations
Department Finance
Title
Presentation of the Government Finance Officers Association (GFOA) Distinguished
Budget Presentation Award - Assistant City Manager and Chief Financial Officer Terry
Leake, Finance Manager Karen Hines, Strategic Services Manager Adrienne Lothery,
and Human Resources Director Michelle Reyes - Mayor David Kelly
Attachments
RESOLUTION R-14-3744
A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER
CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF
MAY 6, 2014
WHEREAS,City Council has taken action on certain items on the agenda
under Consent Items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT the agenda decisions approved by City Council action
under Consent Items as follows are hereby adopted:
a.Approval of the minutes of the regular City Council meeting
of April 15, 2014
b.Approval of the minutes of the City Council Worksession of
April 16, 2014
c.Approval of a Facility Naming Policy
d.Approval of a change order to the engineering services
agreement with CTC, Inc., for the design of railroad quiet
zones at Bransford Road, Pleasant Run Road, and John
McCain Road, and authorize the city manager to execute the
agreement
e.Approval of a construction contract with Saber
Development, for Colleyville Boulevard (SH26) Water and
Sanitary Sewer Relocations – Phase 3, in an amount not to
exceed $3,269,859.75, and authorize the city manager to
execute the contract
f.Approval of an agreement between CTC, Inc. and the City of
Colleyville to provide maintenance services on the active
warning and advance pre-emption equipment installed at
the Fort Worth and Western Railroad crossings at Bransford
Road, Pleasant Run Road, and John McCain Road, and
authorize the city manager to execute the agreement
g.Approval of the use of Park Land Dedication Fund monies for
the Pleasant Run Soccer Field improvements
Resolution R-14-3744
Page 2 of 2
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ____ AYES, ____ NAYS, AND ____ ABSTENTIONS
ON THIS THE 6TH DAY OF MAY 2014.
ATTEST:CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
City of Colleyville
City Council
Minutes - Draft
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Tuesday, April 15, 2014 City Council Chambers
Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to
order on April 15, 2014, at 5:34 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, Fire Marshal Robert McKeown, Economic Development Director Marty
Wieder, Parks and Recreation and Library Director Mary Rodne, Recreation/City
Events Manager Lisa Escobedo, Human Resources Director Michelle Reyes,
Colleyville Center Manager Leslie Hill, Public Works Director Bob Lowry, City
Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development
Director Ron Ruthven, Communications and Marketing Director Mona Gandy,
Strategic Services Manager Adrienne Lothery, Information Systems Manager Chris
Pena, Assistant City Attorney Matt Butler, and City Secretary Amy Shelley.
PC-1 Overview of Recreation and Senior Center Programs
Recreation/City Events Manager Lisa Escobedo presented this item and briefed the
City Council.
Councilmember Wollin stated the Dog Conformation program is very well received,
and attended by many area cities.
Mayor Pro Tem Taylor questioned staff regarding if an increase in expenditures
were incurred due to the increase in the revenues from the services provided.
Manager Escobedo replied outside instructors teach the classes; therefore, a 70/30
split occurs, being 30 percent is revenue for the City.
Mayor Pro Tem Taylor questioned staff regarding the volleyball age groups.
Manager Escobedo replied with Division 2, 10 and 11 year olds can play up,
depending if they play well enough to do so.
Mayor Kelly questioned staff regarding if the retailers are giving out coupons for
those participants to stay in Colleyville after tournaments and such. Manager
Escobedo stated it is something that could be done, however; it has not been done
yet.
City of Colleyville Page 1
City Council Minutes - DRAFT April 15, 2014
Councilmember Wollin stated the teams could even be sponsored with the
business names on the shirts.
Mayor Kelly stated the increase in revenues could then be felt Citywide.
Mayor Kelly questioned staff regarding the demand seen in girls’ volleyball.
Councilmember Wollin stated there has not been a way to play before they get
into middle school.
Councilmember Short questioned staff regarding if area groups have decreased
since our services have increased. Manager Escobedo explained a lot are coming
from the Mid-Cites YMCA since our volleyball program is more organized. She
stated the level of movement allows for progression to get ready for middle
school.
Councilmember Wollin questioned staff regarding if there are plans to involve
other leagues. Manager Escobedo stated it is too early to tell; however, currently
staff is almost maxed out on the numbers. She stated it does put a little bit of a
strain on staffing levels.
Mayor Pro Tem Taylor questioned staff regarding if there is a revenue situation
with volleyball like there is with tennis and yoga. Manager Escobedo replied this is
100 percent revenue for the City.
Mayor Pro Tem Taylor questioned staff regarding the third party instructors. City
Manager Jennifer Fadden explained everything but volleyball has third party
instructors.
City Manager Jennifer Fadden explained the problem with volleyball is that
Grapevine-Colleyville Independent School District requires one of our employees to
be at the school at all times, since we use their gym facility.
Councilmember Wollin questioned staff regarding how many people the recreation
van will hold? Manager Escobedo replied usually 12-13 maximum, with two staff
members.
Councilmember Wollin questioned staff regarding if there is a charge to the
seniors. Manager Escobedo replied there is a $5.00 fee to cover the gas. She
explained there are some trips which are free.
Mayor Pro Tem Taylor questioned staff regarding if a map could be made which
indicates the non-residents, such as a northeast Tarrant County map. Manager
Escobedo replied yes.
City of Colleyville Page 2
City Council Minutes - DRAFT April 15, 2014
Mayor Kelly questioned staff regarding if there are times when a Colleyville
resident cannot participate because the class is full of non-Colleyville residents.
Manager Escobedo replied no.
Councilmember Mogged questioned staff regarding if there are classes that are
predominantly non-Colleyville residents. Manager Escobedo replied the Dog
Conformation class is predominantly non-Colleyville residents, but there are some
Colleyville residents.
Mayor Pro Tem Taylor questioned Councilmember Wollin regarding what a Dog
Conformation class involves. Councilmember Wollin explained it is a practice for
dogs who are going to be shown in shows.
Mayor Kelly explained there are going to be some periodic updates on programs
within the City.
PC-2 Mid year budget presentation
This item includes discussion for agenda item PC-4.
Finance Manager Karen Hines presented this item and briefed the City Council.
Mayor Kelly questioned staff regarding if there are, or if there will be, any
estimated property tax valuations before the final in July. Mayor Kelly stated his
value went up by 24 percent.
Mayor Kelly questioned staff regarding if the financial report could be reported
quarterly. Councilmembers stated they did not see an issue with that.
Councilmember Short questioned staff regarding if there are any deferred needs.
City Manager Jennifer Fadden replied yes; however, it is difficult to meet those
needs with one time funding. She stated in the past, staff has tried to take the
net revenue and do a budget amendment to move those funds to the capital
projects fund, to take care of items like annual maintenance. She stated the
needs are prioritized so that in the event there are available funds, those needs
are met first.
Assistant City Manager/Chief Financial Officer Terry Leake explained to meet the
requirements of the City Charter, the monthly financial report could be included in
the reports section of the City Council agenda.
PC-3 Discussion of the Colleyville Boulevard (SH26) Water and Sanitary Sewer
Relocation Project
Public Works Director Bob Lowry presented this item and briefed the City Council.
City of Colleyville Page 3
City Council Minutes - DRAFT April 15, 2014
Mayor Kelly questioned staff regarding if there are any infrastructure operational
issues with the Sunrise Terrace and Brighton Oaks. Director Lowry replied no.
Councilmember Mogged questioned staff regarding the risk of a catastrophic
failure. Director Lowry replied it is not significant in this area.
Councilmember Mogged stated this is simply adding two more years to the project.
Director Lowry concurred.
Mayor Pro Tem Taylor questioned staff regarding if Phase I has been completed, or
is part of it being abandoned. Director Lowry replied they have finished from John
McCain Road to Hall-Johnson Road. He stated the contractor was terminated after
the completion to Hall-Johnson, which left $1.6 million of the contract is left to use
to finish the project to Brown Trail.
Mayor Pro Tem Taylor questioned staff regarding what costs the City incurred by
letting the contractor go. Director Lowry replied it cost the City the inflation
factor.
Director Lowry stated the proposed contract will finish the project to south of the
Brown Trail intersection.
Mayor Pro Tem Taylor questioned staff regarding what if this happens again.
Director Lowry stated a best value factor was used this time, as opposed to a bid,
therefore the best value was also the lowest price. He stated staff does feel that
this contractor will do a good job, and he has completed work in Colleyville before.
Mayor Pro Tem Taylor questioned staff regarding what are the general conditions,
as referred to in the contract. Director Lowry replied the mobilization cost,
supervision, and administration, like a “catch all” item.
Mayor Pro Tem Taylor questioned staff regarding if contingencies are included or
are they separate? Director Lowry explained the contingencies are separate, and
included in the amount awarded, to allow staff the ability to address minor field
order changes.
Mayor Pro Tem Taylor stated the general conditions are separate from the
contingencies. Director Lowry replied yes.
Councilmember Hart stated this is the first time inflation has been addressed;
however, something that does need to be addressed.
Mayor Pro Tem Taylor questioned staff regarding the completion date for this
project. Director Lowry replied 210 days, and the contractor wants to start work
the second week in May; to be done before the end of the year; and before the
highway project begins.
City of Colleyville Page 4
City Council Minutes - DRAFT April 15, 2014
City Manager Jennifer Faded explained that the approval to award this bid will be
on the May 6, 2014 consent agenda.
Councilmember Hall questioned staff regarding if the capital improvements are
listed somewhere. Director Lowry stated they are all listed in the 2014 Capital
Improvement Plan schedule. He stated the Orange Barrel Report also lists those
active projects.
Mayor Pro Tem Taylor questioned staff regarding what went wrong with this
contractor, and if it is possible to avoid this situation. Director Lowry explained
the situation with the previous contractor and stated this is why staff chose the
best value procurement method this time, other than just going with the price.
Mayor Pro Tem Taylor questioned staff regarding what is the best value. Director
Lowry explained best value is done by a scoring system. He stated the contractors
applying for the bid understand the scoring sheet used. He stated the project staff
evaluates the best value scoring methods and then selects the subcontractors
through a competitive process. He added that some cities use a construction
manager to select the contractors.
PC-4 Presentation of the Monthly Financial Report - March 2014
This item was discussed during agenda item PC-2.
PC-5 Discussion of April 15, 2014 City Council regular agenda items
Mayor Kelly explained agenda item 6a is worded such that approval of the
resolution means there would be no escrow required, but that denial of the
resolution would mean that an escrow is required.
Mayor Pro Tem Taylor stated most do not understand that this is not money going
into a slush fund; it is strictly used for sidewalks and trails.
Mayor Kelly stated if the resolution is denied, the escrow fee is required. If the
resolution is approved, the escrow has been waived.
Mayor Pro Tem Taylor questioned staff regarding street fees. City Manager
Jennifer Fadden stated all new construction is required to pay roadway impact
fees.
Mayor Pro Tem Taylor questioned staff regarding if those fees were paid. City
Manager Jennifer Fadden replied yes.
Councilmember Short stated roadway impact fees are used for service areas.
City of Colleyville Page 5
City Council Minutes - DRAFT April 15, 2014
Mayor Pro Tem Taylor stated these escrow fees work the same way. City Manager
Jennifer Fadden stated these escrow funds are not impact fees.
Councilmember Hall questioned Councilmember Short regarding the difference
between impact fee and sidewalk fees. Councilmember Short stated the roadway
impact fees are used for the streets outlined on the thoroughfare plan, not for the
residential streets.
Councilmember Mogged stated the same argument can be made for sidewalks and
trails along the main streets and residential streets. City Manager Jennifer Fadden
stated these funds are used within the neighborhood districts within the master
plan.
Mayor Pro Tem Taylor stated the application of the funds is not the same.
Mayor Kelly stated before 1999, sidewalks were required to be built. He stated
there are now options to either build the sidewalk, or escrow those funds to be
used for the sidewalks.
Councilmember Mogged stated he would like item 4c to be separated from the
consent agenda item to be a stand-alone resolution.
Mayor Kelly adjourned the Pre Council meeting at 6:48 p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor
Kelly at 7:34 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, Public Works Director Bob
Lowry, City Engineer Jeremy Hutt, Community Development Director Ron Ruthven,
Communications and Marketing Director Mona Gandy, Strategic Services Manager
Adrienne Lothery, Information Systems Manager Chris Pena, Assistant City
Attorney Matt Butler, 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 - Keith Pardew v City of Colleyville
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Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or
value of real property for City facilities
Section 551.087 – Economic Development - Discuss or deliberate regarding
commercial or financial information that the City has received from business
prospects that the City seeks to have locate, stay, or expand in the City and
with which the City is conducting economic development negotiations;
deliberate the offer of a financial or other incentive to a business prospect
Mayor Kelly explained the Executive Session had been called in accordance with
the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal,
Section 551.072, Real Estate, and Section 551.087, Economic Development. He
further explained there would be no decisions made or action taken during this
time. The meeting was recessed at 6:48 p.m. and reconvened at 6:49 p.m.
INVOCATION: Pastor Dale Molden, First Baptist Church Colleyville
PLEDGE OF ALLEGIANCE: Assistant City Attorney Matt Butler
2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S)
NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE
SESSION - Resolution R-14-3738
This resolution was not needed.
3. ANNOUNCEMENTS, PROCLAMATIONS, AND PRESENTATIONS
Announcements of civic and charitable events
Presentation of calendar events and updates
Announcements of awards and recognition
Councilmember Wollin announced the Friends of the Colleyville Public Library will
hold the annual Bargain Book Sale on Saturday, April 26, 2014. She stated
private shopping hours for members of Friends will be from 9:00 a.m. to 10:00
a.m. and memberships may be purchased that day. She stated the sale opens to
the general public from 10:00 a.m. to 2:00 p.m. and that proceeds from this sale
will benefit the library.
Mayor Kelly announced the Colleyville Old Tyme BBQ on Friday, April 25, and
Saturday, April 26 at Colleyville Center. He stated all proceeds benefit Texas
Special Olympics. He explained the new events taking place this year with the
Colleyville Backyard BBQ Champ Cook-off. He encouraged everyone to come and
participate in this great event.
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Proclamation in recognition of the Colleyville Garden Club Promenade Garden Tour,
May 4, 2014 - Colleyville Garden Club President Suzanne Hughes
Mayor Kelly presented a proclamation to Colleyville Garden Club President
Suzanne Hughes, and member Carol Wollin, in recognition of the Colleyville
Garden Club Promenade Garden Tour, May 4, 2014. President Hughes stated the
Colleyville Garden Club will present a Chinese Pistachio tree for City Park in honor
of Arbor Day. Councilmember Wollin added that the Colleyville Garden Club
designed the Garden Plaza Balustrada at Colleyville Center.
In recognition of Colleyville's featured business, Machelle's Boutique, Machelle
Dennis, Owner, 5611 Colleyville Boulevard, Suite 200 - Mayor David Kelly and
Economic Development Director Marty Wieder
Mayor Kelly and Economic Development Director Marty Wieder recognized
Machelle Dennis, Owner, Machelle’s Boutique, as the featured business of the
month. Ms. Dennis expressed her appreciation to the City of Colleyville for their
recognition of Machelle’s Boutique.
4. CONSENT: READING AND PUBLIC HEARING - Resolution R-14-3739
4a Approval of the minutes of the regular City Council meeting of April 1,
2014
4b Approval of a Segway i2 electric vehicle donation from Mr. Steve
Bryant to the Colleyville Police Department
4c Approval of a Crossing Improvement Agreement between the Fort
Worth and Western Railroad and the City of Colleyville, to install and
maintain quiet zone railroad crossings at Bransford Road, Pleasant Run
Road, and John McCain Road, and authorize the city manager to
execute the agreement
Mayor Kelly read Resolution R-14-3739 in its entirety and explained item 4c would
be moved to the ending resolution.
Mayor Kelly opened the public hearing at 7:45 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 7:45 p.m.
Councilmember Wollin moved to approve Resolution R-14-3739.
Councilmember Hart seconded the motion.
The motion to approve carried by the following vote:
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City Council Minutes - DRAFT April 15, 2014
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING
5a Ordinance O-14-1912
Request for a Special Use Permit for a temporary concrete batch plant
on Tracts 1F and 1G, Abstract 1038, of the Hall Medlin Survey, and
Tracts 1A02 and 1C, Abstract 295, of the William E. Crooks Survey,
located at 7612 and 7624 Pleasant Run Road, Case ZC14-004
Mayor Kelly read the caption of Ordinance O-14-1912.
Councilmember Short recused himself of this item and discussion.
Mayor Kelly opened the public hearing at 7:46 p.m.
Community Development Director Ron Ruthven stated the applicant has formally
requested to withdraw this item.
There were no others present wishing to speak and Mayor Kelly closed the public
hearing at 7:46 p.m.
Mayor Kelly moved to approve the request of the applicant to withdraw
this item. Councilmember Mogged seconded the motion.
The motion to approve carried by the following vote:
Aye: 6 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, and Tom Hart
5b Ordinance O-14-1913
Request for a Special Use Permit for a temporary concrete batch plant
on an approximate 37,500 square foot portion of 108.5 acres out of
the Elizabeth Cox Survey, Abstract 352, the John H. Havens Survey,
Abstract 685, the Jesse Doss Survey, Abstract 441, and the S.C.H.
Witten Survey, Abstract 1734, located at the northwest corner of
Heritage Avenue and Cheek-Sparger Road, Case ZC14-006
Mayor Kelly read the caption of Ordinance O-14-1913.
Mayor Kelly opened the public hearing at 7:48 p.m.
Community Development Director Ron Ruthven presented this item and briefed
the City Council.
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Mark Leonard, Gilco Contracting, presented the item and briefed the City Council.
Mayor Kelly questioned Mr. Leonard regarding if this moves quickly once they get
started. Mr. Leonard replied yes.
There were no others present wishing to speak and Mayor Kelly closed the public
hearing at 7:49 p.m.
Councilmember Wollin questioned staff regarding if the exhibit, which shows the
location of the batch plant, can be added as an exhibit to the ordinance. Director
Ruthven replied yes, and City Council may condition the motion to include the
exhibit.
Councilmember Wollin stated she would like to include the site plan as Exhibit A to
the proposed ordinance.
Mayor Pro Tem Taylor questioned staff regarding if the site plan is the location of
the batch plant. Mr. Leonard replied yes.
Councilmember Mogged stated the site plan actually defines the location of the
batch plant. He added the site plan shows the batch plant to be about 1,000 foot
from the homes.
Councilmember Wollin moved to approve Ordinance O-14-1913 with the
amendment to add the site plan as Exhibit A. 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
5c Ordinance O-14-1914
Approval of amendments to Chapter 3 - Land Use, Section 3.24.(B)-
Schedule of Permitted Principal Uses and Section 3.24.(D)-Temporary
Buildings and Uses, of the Land Development Code, Case GC14-006
Mayor Kelly read the caption of Ordinance O-14-1914.
Mayor Kelly opened the public hearing at 7:53 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 7:53 p.m.
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Mayor Kelly stated this will allow staff to approve these requests so that the
developer may begin construction within the development.
Mayor Kelly moved to approve Ordinance O-14-1914. Mayor Pro Tem
Taylor seconded the motion.
The motion to approve carried by the following vote:
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
6. RESOLUTION(S): READING AND PUBLIC HEARING
6a Resolution R-14-3740
Consideration of a waiver to the sidewalk construction and escrow
requirements on Lot 7, Block 3, of the Stafford Heights Subdivision,
located at 4613 Manning Drive, Case GC14-009
Mayor Kelly read Resolution R-14-3740 in its entirety.
Community Development Director Ron Ruthven presented this item and briefed
City Council.
Mayor Kelly opened the public hearing at 7:56 p.m.
Matthew Hammons, 4613 Manning Drive, presented this item and briefed City
Council.
There were no others present wishing to speak and Mayor Kelly closed the public
hearing at 7:59 p.m.
Mayor Kelly questioned staff regarding if sidewalks were required to be
constructed prior to 1998-1999, when a new home was constructed. Director
Ruthven replied yes.
Mayor Kelly stated the supplemental sidewalk plan and map indicates areas in
which sidewalks are required or are optional according to the plan. He further
explained the amendments made to the plan, were in accordance to the needs in
the neighborhood areas, in which the sidewalks are required.
Mayor Kelly questioned Mr. Hammons regarding if he knew the sidewalk was
required. Mr. Hammons replied yes.
Mayor Kelly questioned Mr. Hammons regarding if his builder knew the sidewalk
was required. Mr. Hammons replied yes.
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Councilmember Short questioned staff regarding how much is spent each year for
the construction of sidewalks. City Manager Jennifer Fadden stated the sidewalk
escrow funds are spent each year to construct those sidewalks throughout the
City. She stated the escrow fund started with approximately $200,000, and 75
percent has been spent over the last three to four years. She explained each time
a street is built, an assessment of sidewalks and trails is done at that time as well.
Councilmember Short stated we are making strides at making the connections.
City Manager Jennifer Fadden concurred.
Mayor Kelly stated those escrow funds may be spent within its neighborhood
district.
Mayor Kelly questioned staff regarding if there have been any other funds
escrowed for Neighborhood Three. Director Ruthven replied there have been 14
new homes permitted within Neighborhood Three, since the 2009 amendment. He
added six homes have escrowed the funds, two did not require a sidewalk, three
were built, and three were given variances.
Mayor Kelly moved to deny Resolution R-14-3740. Councilmember Hart
seconded the motion.
The motion to deny 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
6b Resolution R-14-3741
Consideration of a request to amend the Colleyville Pathways Plan, by
removing Trail 35 from the plan, Case GC14-005
Mayor Kelly read Resolution R-14-3741 in its entirety.
Community Development Director Ron Ruthven presented this item and briefed
the City Council.
Mayor Kelly opened the public hearing at 8:10 p.m.
Mark Howe, 3100 Carisbrooke Court, presented this item and briefed the City
Council.
Edwin Waller, 513 Leta Lane, spoke in support of this request.
Don Bendure, 6117 Waller Lane, spoke in support of this request.
Todd Miller, 1504 Douglas, spoke in support of this request.
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The following persons did not wish to speak, but wanted to register their support
of this request: Evelyn Englert, 6114 Waller Lane; Steve Benzirge, 5701
Ponderosa; Daniel Tweddle, 6005 Park Court; Shelly Billups, 5704 Ponderosa
Street; and Kate Holden, 6005 Park Court.
A petition to abandon the pedestrian trail way between Ponderosa and Waller Lane
was received by City Council with 51 signatures in support of this request.
A letter was also received by City Council from Mr. Donald Bendure in support of
this request.
There were no others present wishing to speak and Mayor Kelly closed the public
hearing at 8:27 p.m.
Councilmember Short stated the lack of connection to the elementary school was
the problem, but that this development will solve that issue.
Councilmember Wollin stated she does not feel this trail is necessary.
Mayor Kelly questioned staff regarding if the developer is only required to
construct half of the trail. Director Ruthven replied yes.
Mayor Pro Tem Taylor stated he concurred with the applicant, and stated he does
not agree with having a private alley. He stated the sidewalks and trails need to
be along the streets.
Mayor Kelly suggested Trail 35 should be reconsidered by the Parks and
Recreation Advisory Board to either be removed or relocated, instead of it being
removed all together from the pathways plan.
Councilmember Mogged stated this is a perfect example as to why the entire
pathways plan needs to be reworked. Mayor Pro Tem Taylor concurred.
Councilmember Mogged moved to approve Resolution R-14-3741.
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
7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA
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Jimmie Vaughan, 5812 Ponderosa Street, stated he has not had any security
issues in 28 years, with criminal activity. He commended the Colleyville Police
Department for their efforts on keeping them safe.
Bobby Lindamood Jr., 4913 Jim Mitchell Trail West, spoke regarding the
construction along Glade Road, and stated he would like to see an exact set of the
proposed construction plans.
Judy Chappell, 1716 Glade Road, spoke regarding the construction along Glade
Road, and stated she would like to see what the plans are for proposed
construction on Glade Road.
Chris Putnam, 204 White Drive, spoke regarding sidewalks and the proposed
construction along Glade Road.
John Zeitlin, 1800 Glade Road, spoke regarding the proposed construction along
Glade Road.
Mayor Kelly reminded everyone about the worksession to be held on April 16,
2014, and that all documents regarding the Glade Road construction are on the
City’s website.
8. REPORTS
Zoning Board of Adjustment Meeting Minutes - February 11, 2014
Parks and Recreation Advisory Board Meeting Minutes - February 17, 2014
There was no discussion of this item.
Mayor Kelly recessed the meeting at 8:58 p.m.
Mayor Kelly reconvened the meeting at 9:04 p.m.
9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A
RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR APRIL 15,
2014 - Reading and Public Hearing - Resolution R-14-3742
Mayor Kelly read Resolution R-14-3742 in its entirety.
Public Works Director Bob Lowry presented this item and briefed the City Council.
Mayor Kelly opened the public hearing at 9:08 p.m.
There was no one present wishing to speak and Mayor Kelly closed the public
hearing at 9:08 p.m.
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Councilmember Mogged questioned staff regarding the ongoing maintenance of
this agreement, and is it typical for these agreements to be made with ongoing
maintenance. Director Lowry stated these maintenance agreements are standard.
Councilmember Mogged questioned staff regarding if the quiet zones are built, as
a grant, there will be no long term direct costs to the taxpayers; however, the
annual maintenance costs are a taxpayer expense. Director Lowry stated the
annual maintenance costs are borne by the City, until such time that the
responsibility is transferred to Fort Worth Western; however, it could be years
down the line.
Mayor Kelly stated the City applied for a grant to get the quiet zones and the grant
was approved; however, there is a participation portion of the grant. He stated
the City then asked the Transportation Authority to pay those participation costs
however, they declined. He stated the quiet zones are going to be in place for
Colleyville residents and that this participation cost is dictated by the Railroad
Commission, and the maintenance costs will be incurred.
Mayor Pro Tem Taylor questioned Councilmember Mogged regarding why this item
was pulled from the consent agenda. Councilmember Mogged stated the out-of-
pocket-costs are such that other budgetary items may be sacrificed because of it.
Councilmember Hart stated this is a safety feature that we want to put in place for
the citizens.
Mayor Pro Tem Taylor questioned staff regarding the alternatives. Director Lowry
stated there are no alternatives; if the contract is not approved, the quiet zones
will not be constructed.
Mayor Pro Tem Taylor stated he understood there would be some costs going into
this, but the citizens are in favor of these zones.
Director Lowry stated if supplemental safety measures are installed, which are
what quad-gates are, and meet the federal requirements, then the trains are not
required to blow their horns.
Mayor Kelly questioned staff regarding if the current design improvements are in
place to meet those federal requirements. Director Lowry replied yes. He added
the trails will be built within the railroad right-of-way as part of this project.
Mayor Pro Tem Taylor questioned staff regarding if the railroad will actually
complete the construction. Director Lowry replied the railroad will install the
signal hardware; a general construction contractor will install the portions of the
trail in the right-of-way, and reconstruct the road within the railroad right-of-way.
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City Council Minutes - DRAFT April 15, 2014
Mayor Pro Tem Taylor questioned staff regarding the contractor. Director Lowry
replied TxDOT will acquire the contractor, but the City will administer it at the local
level.
Councilmember Short stated the maintenance is not new, they simply have
clarified the additions to the agreement. Director Lowry replied yes, and that any
future technology or upgrades done will be at the City’s expense. He added there
is an escape clause in the agreement.
Councilmember Mogged stated there is a safety change for the pedestrians too.
Director Lowry replied yes.
Councilmember Hart moved to approve Resolution R-14-3742. 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
10. ADJOURNMENT
There being no further business before the City Council, Councilmember Mogged
moved to adjourn, and Councilmember Hart seconded the motion.
The motion carried by the following vote:
Aye: 7 - Mayor Kelly, Mayor Pro Tem Mike Taylor, and Councilmembers
Carol Wollin, Chuck Mogged, Stan Hall, Jody Short, and Tom Hart
Mayor Kelly adjourned the City Council meeting at 9:21 p.m.
APPROVED BY A VOTE OF _____ AYES, _____ NAYS, AND _____ ABSTENTIONS
ON THIS THE 6TH DAY OF MAY 2014.
Minutes taken and prepared by:
Amy Shelley, TRMC
City Secretary
City of Colleyville Page 16
City of Colleyville
City Council Worksession
MINUTES - DRAFT
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Wednesday, April 16, 2014
6:00 p.m.
Executive Conference Room
Third Floor, City Hall
Mayor David Kelly called the City Council Worksession to order in the Executive
Conference Room on April 16, 2014, at 6:01 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, Fire Chief Brian Riley, Economic Development Director Marty Wieder,
Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Management Analyst
James Hubbard, Community Development Director Ron Ruthven, Communications
and Marketing Director Mona Gandy, Information Systems Manager Chris Pena,
and City Secretary Amy Shelley.
2. PRESENTATION AND DISCUSSION
2a Presentation and discussion of the preliminary design of the Glade
Road Project
Public Works Director Bob Lowry presented this item and briefed City Council. He
also introduced Chad Gartner and Jacob Sundlin, with TranSystems, design
engineer for the Glade Road Project, to additionally present and brief City Council
regarding this item.
Mayor Kelly questioned Mr. Gartner regarding previously held meetings. Mr.
Gartner replied all meetings have been open to the public, and all information has
been posted on the website.
Mayor Kelly stated if the left turn lane could be increased, the traffic peaks could
be handled better.
Councilmember Short questioned Mr. Gartner regarding if the circulation pattern
on school property had been discussed with the elementary school. Mr. Gartner
replied it was not well received by the school.
Councilmember Short stated the school traffic is using City streets for their
queuing and stacking.
Councilmember Mogged questioned Mr. Gartner regarding if the left turn lane
would need new pavement. Mr. Gartner replied yes.
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City Council Worksession MINUTES - DRAFT April 16, 2014
Mayor Pro Tem Taylor questioned Mayor Kelly regarding the reconfiguration of the
intersection at Bransford Road and Glade Road. Mayor Kelly explained the left
turn lane and the stacking of the cars. He stated the increase in the turn lane will
eliminate the stopping of traffic.
City Manager Jennifer Fadden stated, for clarification, that the direction for Mr.
Gartner to take would be to reconfigure the southbound left turn queuing into
Bransford Elementary School. City Councilmembers concurred.
Mayor Kelly questioned Mr. Gartner regarding a roundabout with the hill at
Thompson Terrace. Mr. Gartner replied it may be a challenge.
Councilmember Short questioned Mr. Gartner regarding if the costs include the
new section of roadway at Bedford Road and Thompson Terrace. Mr. Gartner
replied yes.
Mayor Kelly stated the intentions for Bedford Road need to be discussed, especially
since the roundabout at Cheek-Sparger Road and this potential roundabout will
create a cut-through to avoid Colleyville Boulevard, which will increase the traffic
on this small neighborhood street.
Councilmember Hart stated it would also increase the traffic on Glade Road.
Councilmember Wollin stated she could not justify the expense for the addition of
a roundabout at Thompson Terrace.
Mayor Pro Tem Taylor questioned Mr. Gartner regarding if the “dog bone”
roundabout is less expensive. Mr. Gartner replied yes, mainly since less right-of-
way is required.
Councilmember Mogged questioned Mr. Gartner regarding if this will do anything
for Thompson Terrace. Economic Development Director Marty Wieder explained
Thompson Terrace has been in transition for office spaces. He stated he does not
see retail wanting to be located along Thompson Terrace.
Mayor Pro Tem Taylor stated Colleyville Boulevard to Bluebonnet Drive should be
included as a priority; and asked what is the economic development impact for the
entire area is? Economic Development Director Marty Wieder explained office uses
are something that is currently locating on Thompson Terrace.
Councilmember Short questioned staff regarding if Thompson Terrace is viewed as
an extension of Main Street and Colleyville Boulevard. Director Wieder replied he
does not foresee that being the case.
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City Council Worksession MINUTES - DRAFT April 16, 2014
Mayor Kelly explained there is a flood area to the west side; therefore, the building
footprint would have to be smaller.
Mayor Pro Tem Taylor stated he views this area to be used as garden offices.
Mayor Kelly stated most lots are zoned single family.
Councilmember Hart stated he uses Thompson Terrace frequently, especially
coming from Main Street.
Mayor Pro Tem Taylor stated he thinks Old Glade Road will eventually not be used.
Director Wieder stated there is one business who currently uses Old Glade Road as
their business address.
Councilmember Short questioned Mr. Gartner regarding if there is a left turn on
Glade Road from Thompson Terrace, with the stop sign option. Mr. Gartner
replied yes, but it would be difficult.
Mayor Pro Tem Taylor stated this intersection is the most discussed as being a
safety hazard.
Mayor Kelly questioned Mr. Gartner regarding if there will be a slightly elevated
left turn, so that everyone can see the difference in the lanes? Mr. Gartner replied
some raised pavement markers can be put in place.
Councilmember Hall stated if the stop sign controlled intersection is the better
option, it would definitely save money. Mayor Kelly stated having a stop sign will
eliminate the cut-through feel. Mr. Gartner stated the property owners like this
option, since it will have the least impact on their properties.
Councilmember Short stated this will work, but there will be some cut-through on
Centerpark.
Mayor Pro Tem Taylor questioned staff regarding if there has been thought to
having Centerpark be the major intersection, especially with the signalized
intersection. Mayor Kelly stated the traffic will still use a residential street, such as
Garry Lynne.
Councilmember Wollin stated she likes the stop sign controlled intersection.
Councilmember Mogged stated that being the most cost effective solution.
Councilmember Wollin stated she would like to see the options for Old Glade Road.
Councilmember Mogged stated those coming from the east side of town, Old Glade
Road is used to get to Next and Citrus Bistro and Red Barn BBQ.
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City Council Worksession MINUTES - DRAFT April 16, 2014
Mayor Pro Tem Taylor stated it can still be used, however, is it actually needed is
the question.
Mayor Pro Tem Taylor questioned Mr. Gartner regarding if there is a way to work
out the property owner’s driveway at the corner of Bluebonnet Drive and Glade
Road. Mr. Gartner stated that can be done through the design portion.
Mayor Kelly questioned Mr. Gartner regarding if an easement can be granted. Mr.
Gartner replied yes.
Councilmember Mogged questioned Mr. Gartner regarding a turn lane at Montclair
Drive. Mr. Gartner replied there is not a turning lane at Montclair Drive based on
the previous discussions.
Councilmember Hall questioned Mr. Gartner regarding what is the
recommendation. Mr. Gartner replied the recommendation is two lanes, with
turning lanes at key intersections.
Mayor Pro Tem Taylor questioned staff regarding how many homes are going in at
the south end of Montclair Drive. Community Development Director Ron Ruthven
replied one single family home.
Councilmember Wollin questioned staff regarding which neighborhood has the four
inch curb. Director Lowry replied Westmont has the curb that is driven over,
rather than having a driveway cut.
Mayor Kelly stated the underwater storm drainage can be used with this option.
Mr. Gartner replied yes.
Councilmember Wollin questioned staff regarding the distance required for the
trees. Mr. Gartner replied five to six feet from the roadway.
Mayor Pro Tem Taylor questioned staff regarding if a car will drift over this curb.
Mr. Gartner replied the barrier curb will stop some, not all cars. He added the roll-
over curb will be felt more than the four inch.
Councilmember Short stated TxDOT is doing the scalloped strip along the roadway.
Mr. Gartner replied yes, but it is noisy on a residential roadway.
Mayor Pro Tem Taylor stated this option would be very noisy in the neighborhood.
Mayor Kelly stated the survey indicates that the citizens still want the rural feel
along the roadway. He added the ribbon curb still requires some right-of-way. He
stated that is why they came up with this other option, so that the underground
drainage is available.
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City Council Worksession MINUTES - DRAFT April 16, 2014
Councilmember Mogged questioned Mr. Gartner regarding if there is the
customization of the sections of the road to accommodate the different
circumstances along the roadway. Mr. Gartner replied yes.
Mayor Kelly stated there are sections of Glade Road that are curb and gutter,
which allows for the accommodation of the roadway circumstances.
Mayor Pro Tem Taylor questioned Mr. Gartner regarding if the ribbon curb takes
the largest foot print. Mr. Gartner replied yes.
Mayor Kelly stated the roadway is currently 24 feet with bar ditches; however,
those bar ditches will be filled in to accommodate the 26 foot roadway.
Councilmember Mogged questioned staff regarding the width of the bar ditch
areas. Director Lowry stated it varies between 50 and 76 feet.
Mayor Kelly stated the bar ditch area creates an actual visual of less yard. Mayor
Pro Tem Taylor stated with the bar ditch areas filled in the yard appears larger.
Councilmember Mogged questioned staff regarding the narrowest area. Director
Lowry stated there is still 50 feet at the narrowest area. He stated there is no
sidewalk east of Chelsea Drive. He added there are sections where the bar ditches
are 10-12 feet wide.
Councilmember Short stated the ribbon curb should be used; avoid the barrier
curb; and use a variation through the roadway.
Mayor Kelly stated mix and matching too much creates a choppy feel, and he
questioned staff regarding how the drainage would work. Mr. Sundlin replied
there would still be underground drainage in those areas.
Mayor Pro Tem Taylor stated he does not want to take more than is necessary. He
stated once this roadway is fixed, those funds for repairs can be used in other
areas. He stated it helps to appeal the commercial uses to the City. He stated he
does not want to take more trees than necessary, and still keep the narrowest
footprint.
Mayor Kelly stated the curb and gutter area could be along Montclair Drive and
maybe match the other side of this section of Glade Road with curb and gutter;
and then move into the ribbon curb area.
Councilmember Short questioned Mr. Gartner regarding drainage and the ribbon
curb. Mr. Gartner replied there would be no ponding, it would run along the
ribbon curb, with natural filtration.
City of Colleyville Page 5
City Council Worksession MINUTES - DRAFT April 16, 2014
Mayor Pro Tem Taylor questioned Mr. Gartner regarding the drops. Mr. Sundlin
replied water is going to flow downhill into the inlets; therefore, the more inlets
that are installed, the better.
Councilmember Hart stated the two lanes, with the turn lanes, is the best.
Mayor Kelly stated to maintain the rural feel along the roadway, the different
aspects will need to be used so that it fits in properly.
Councilmember Mogged questioned Mr. Gartner regarding the difference between
the four and six inch curbs, especially with emergency vehicles, and if the curbs
keep the character and charm of the roadway. He further stated if the right-of-
way allows for it, he would like to keep that character. He stated the more ribbon
curb done, the more trees that are lost and put at risk. He stated the mix and
match may help with natural breaks. Mr. Gartner replied the breaks in the look
have to make sense.
Mayor Pro Tem Taylor stated he would like for the design to keep the future in
mind. He stated the vision needs to be very much a moving forward design with
the planning, and make changes in the best interest in the future of the City. He
stated a good road needs to be built to last 50 years to keep the maintenance
costs down. He stated the continuity needs to be kept with what needs to be done
for the future generations.
Mayor Kelly stated there is opportunity for redevelopment which may allow for
those special considerations.
Mayor Pro Tem Taylor stated Glade Road is a mix of half roads with all of the
redevelopment.
Mayor Pro Tem Taylor stated it is a matter of how tight it can be kept to
accomplish the same goals.
Mayor Kelly questioned Mr. Gartner regarding medians in certain areas, will they
be landscaped. Mr. Gartner replied no landscaping in the medians so that there
will be no sight distance issues.
Councilmember Hall questioned Mr. Gartner regarding if any landscaping is being
considered. Mr. Gartner replied no landscaping has been incorporated with this.
Councilmember Short questioned Mr. Gartner regarding the right-of-way costs
with the barrier curb. Mr. Gartner replied there will still be right-of-way costs
incurred with the barrier curb option, especially with some of the utilities.
City of Colleyville Page 6
City Council Worksession MINUTES - DRAFT April 16, 2014
Mayor Kelly questioned Mr. Gartner regarding if the 10 foot trail can be reduced to
an eight foot trail. Mr. Gartner replied yes, as discussed in the previous
worksession, there can be some reduction in the trail width.
Mayor Kelly stated if cyclists are encouraged to be off of the roadway, then the
sidewalk needs to be wider than five feet.
Mayor Pro Tem Taylor stated the conversation was to shrink the trail as necessary.
Councilmember Wollin stated not knowing if she could support the 10 foot trail
given the results of the survey.
Mayor Kelly questioned Councilmember Wollin regarding connectivity given cyclists
need more than five feet.
Councilmember Wollin stated the trail could be six feet in width versus 10 feet.
She stated it does not seem like it needs to be a hard-fast rule.
Mr. Sundlin stated the standard for a multi-use trail is for it to be at least 10 feet
in width.
Councilmember Mogged stated the narrowest point is within the 50 foot range. He
stated the centerline of the roadway can be moved. Mr. Gartner replied generally
there are areas in which the centerline has shifted.
Mayor Pro Tem Taylor questioned staff regarding the trail width of Pleasant Run
Road. Director Lowry replied 10 foot most of the way, some areas have an eight
foot width, with a five foot sidewalk on the opposite side.
Mayor Kelly stated some visuals will help to see the filled in bar ditch areas.
Councilmember Wollin concurred.
Councilmember Hall questioned staff regarding if there is even a need for a
sidewalk in this area. Mayor Kelly stated it can be done; however, there are risks
involved with that.
Councilmember Hall stated he would also like to see some visuals.
Councilmember Mogged stated if the right-of-way allows he would like for it to be
used.
Mayor Pro Tem Taylor questioned Mr. Gartner regarding when these types of
details will be available for the citizens. Mr. Gartner replied the design will get into
the details of the roadway. He stated this is the study to help with the design
plans.
City of Colleyville Page 7
City Council Worksession MINUTES - DRAFT April 16, 2014
Mayor Kelly questioned Mr. Gartner regarding what the right-of-way actually
means to the property owner. Mr. Gartner replied it means there will be access to
the trail or sidewalk and no fencing or barriers will be in place. He added except in
the location of Bluebonnet Drive and Glade Road, where the excavation takes
place for the grading, there may be temporary easements put in place for the
construction.
Mayor Pro Tem Taylor questioned Mr. Gartner regarding if most of the properties
have enough room for this improvement. Mr. Gartner replied the 46 foot of right-
of-way keeps the sidewalk right on the curb line which creates an urban feel. Mr.
Sundlin stated there are some areas in which the right-of-way can be brought in,
which is sufficient; however, there are some trees within the right-of-way.
Mayor Pro Tem Taylor stated there is quite a bit of difference in the number of
trees being removed with the ribbon curb and barrier curb.
Councilmember Short questioned Mr. Gartner regarding if all of the trees within
the right-of-way are being removed. Mr. Gartner replied there are some cases in
which the trees near the roadway or in the ditch which will need to be removed.
He stated we have aimed high with the tree count with the intentions of coming in
lower.
Mayor Kelly stated there are trees to be replaced, especially those damaged by
weather. Mr. Gartner stated the Oncor trimming has also destroyed some trees,
visually.
Mayor Kelly questioned Mr. Gartner regarding the direction. Mr. Gartner stated he
understands they want some visuals.
Mayor Pro Tem Taylor stated being sensitive to the property owners.
Councilmember Hart stated being encouraged by what has been presented.
Mr. Sundlin stated they can show a rendering for the existing conditions, and what
it will look like once it is done.
Councilmember Hall stated especially in the narrowest areas.
Councilmember Mogged questioned Mr. Gartner regarding the project phasing. Mr.
Gartner explained the project phasing using the schedule in the presentation.
Mayor Pro Tem Taylor questioned Mr. Gartner regarding moving through to
Bluebonnet Drive. Mr. Gartner replied that area would kick-off by summer of
2015. Mr. Sundlin added that the project phasing is being done as effectively as
possible.
City of Colleyville Page 8
City Council Worksession MINUTES - DRAFT April 16, 2014
Councilmember Mogged stated the phasing and funding is more digestible.
Mayor Pro Tem Taylor stated he does not want to slow down any economic
development impacts this project may have. Mr. Gartner stated the phasing is
contingent on moving forward with the design of Glade Road.
Councilmember Hall questioned staff regarding the cut-off date to moving forward.
Mr. Sundlin stated the critical element is getting the roundabout at Bransford Road
and Glade Road by next year at mid-May.
Councilmember Mogged questioned the phasing aspects. Mr. Gartner stated
certain phasing cannot be done until certain utilities are moved. Mr. Sundlin
stated the more utilities that are moved together and shared, the better.
Mayor Kelly questioned Mr. Gartner regarding if the right-of-way is good for the
roundabout. Mr. Sundlin stated section 3b and 3c are the concern.
Mayor Pro Tem Taylor questioned staff regarding if section 3a is going to be the
major area for the new developments. Director Lowry concurred.
Mayor Pro Tem Taylor stated there have been times when electricity has been out,
especially in his neighborhood, because of a switch issue. Director Lowry ensured
him that Oncor would be contacted, and kept in the loop during this process.
Councilmember Hart questioned staff regarding if a water and electricity meter can
be installed for the entrance for Chelsea Park at the time of construction. Director
Lowry replied yes, a meter can be placed in at any time.
Mayor Kelly recessed the meeting at 7:54 p.m.
Mayor Kelly reconvened the meeting at 8:05 p.m.
Councilmember Mogged questioned Mr. Gartner regarding if the raised curb
installation will be salvageable. Mr. Gartner replied most will have to be replaced.
Councilmember Mogged stated it may be that the four inch is liked better than the
six inch. Director Lowry replied when doing sections, it is cheaper to replace it all
rather than a little at a time. He stated this will all depend on the analysis done.
Councilmember Mogged stated where it is already raised, it may be time to
reconsider the four or six inch with the width of the road.
Mayor Pro Tem Taylor stated as long as we are not having to go into people’s
property. Councilmember Mogged concurred.
City of Colleyville Page 9
City Council Worksession MINUTES - DRAFT April 16, 2014
Director Lowry stated it will depend if the grade is higher than the roadway on the
other side; a barrier curb may not be feasible.
Councilmember Hall questioned Mr. Gartner regarding the projected timeline. Mr.
Gartner replied once the recommendation is received the timeline can be adjusted.
Councilmember Hall stated he expected to see some savings given the Bedford
Road intersection with the stop signs.
Mayor Pro Tem Taylor questioned Mr. Gartner regarding what price index is used
on the next years. Director Lowry replied five percent. Assistant City
Manager/Chief Financial Officer Terry Leake replied compound.
Councilmember Mogged questioned Mr. Gartner regarding the cost for each width
of right-of-way. Mr. Gartner replied the cost is based on a six inch curb width.
Councilmember Mogged stated there may be some savings with this, especially if
the six inch is not used. Mr. Gartner stated there could be some pluses or
minuses.
Mayor Kelly stated City Council would like to see more renderings before
something is finalized, especially with sections 3b and 3c. Mr. Gartner concurred.
Councilmember Mogged stated being interested in a four inch curb as well.
City Manager Jennifer Fadden questioned City Council regarding if they would
prefer another worksession format to discuss those items. Mayor Kelly stated if
there is time, he would like this addressed in Pre Council.
City Manager Jennifer Fadden questioned Mr. Gartner regarding how much time he
thought he might need. Mr. Gartner replied he would need another three to four
weeks.
Mayor Pro Tem Taylor stated the first meeting in June would work. Mayor Kelly
concurred.
Councilmember Mogged questioned Mr. Gartner regarding if the June schedule
works for the Bransford and Glade Road timeframe. Mr. Sundlin stated those
decisions will not affect the scope.
City Manager Jennifer Fadden stated a design contract will need to be brought
forward prior to the design of the Bransford and Glade Road roundabout.
City Manager Jennifer Fadden stated we will likely schedule a Pre Council item for
the June 3, 2014 City Council meeting for Mr. Gartner to present the final details.
She added that the public meetings will then be scheduled.
City of Colleyville Page 10
City Council Worksession MINUTES - DRAFT April 16, 2014
Mayor Pro Tem Taylor questioned staff regarding the funding of this project. City
Manager Jennifer Fadden stated through the cash available through the TIF;
therefore, it will take 10 years to execute.
Assistant City Manager/Chief Financial Officer Terry Leake added that the
remaining balance for infrastructure projects is $2.4 million, based on the 2012
amendment to the TIF project plan.
Mayor Pro Tem Taylor questioned staff regarding the money needed for the
Colleyville Boulevard project from John McCain Road to Hall-Johnson Road. City
Manager Jennifer Fadden explained the funding available through 2029.
Mayor Kelly questioned City Councilmembers if they would like a copy of this slide.
City Councilmembers concurred.
2b Presentation and discussion of the development review process
This item was not discussed.
3. ADJOURNMENT
There being no further business before the City Council, Mayor Kelly adjourned the
worksession at 8:26 p.m.
APPROVED BY A VOTE OF ____ AYES, ___ NAYS, AND ____ ABSTENTIONS ON
THIS THE 6TH DAY OF MAY 2014.
Minutes taken and prepared by:
Amy Shelley, TRMC
City Secretary
City of Colleyville Page 11
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 4c Agenda Date 05/06/2014 Number Resolution R-14-3744
Type Resolution
Department City Manager
Title
Approval of a Facility Naming Policy
Explanation
Reading and Public Hearing
On November 16, 2004, through attached Resolution R-04-2470, the City Council
approved a policy for naming and renaming park lands and facilities, which was
recommended by the Parks and Recreation Advisory Board on November 1, 2004. At
this time, the policy for naming and renaming park lands and facilities is the only
naming policy in place for the City of Colleyville.
At the April 1, 2014 Pre Council meeting, staff brought forward for discussion a
recommendation to expand the current policy to also include City facilities, park lands
and facilities, street names, and other types of recognition. Establishing a broader,
more comprehensive policy, will better ensure that consistent criteria and procedures
are followed, regardless of the type of City facility. A proposed Facility Naming Policy,
which has been expanded to include the items mentioned above, is attached for City
Council consideration. The procedures relating to park lands and facilities, and
guidelines for the manner in which facilities should be named, are unchanged from the
current policy; additional sections, however, have been added. The guidelines for
naming or renaming state that facilities should be named in the following manner: in
honor of individuals who donate land or funds for park space, in honor of historical
events, in honor of deceased national or state heroes, in honor of deceased community
leaders, in relation to predominant characteristics or physical features of the land, in
relation to subdivisions within the City, in relation to streets adjacent to the park, or in
recognition of an individual due to special circumstances or events. Per the discussion
at the Pre Council meeting, a five year waiting period for naming or renaming facilities
after a deceased community leader has been added to the proposed policy. Staff has
also contacted surrounding cities and of those with a naming policy, the City of
Keller had the only policy with a waiting period, which is five years.
Financial Impact
There is no financial impact to the City.
Recommendation
Approve
City Council Agenda Briefing 4c
City of Colleyville Page 2
Attachments
1.Resolution R-04-2470
2.City of Colleyville Parks and Recreation Department Policy for Naming and
Renaming Park Lands and Facilities
3.Proposed Facility Naming Policy
Proposed
CITY OF COLLEYVILLE
FACILITY NAMING POLICY
I.PROCEDURE FOR NAMING AND RENAMING
A.FACILITIES
1.All requests for naming and renaming City facilities shall be made in
writing to the Colleyville City Council, with a stated justification for the
particular recommendation.
2.Following a review of recommendations, suggestions, and public
comments, the City Council shall determine the name for City facilities.
B.PARK LANDS AND FACILITIES
Note: Facilities that are a part of or lie within the boundaries of a park will
normally bear the name of that park, unless otherwise determined by the
Parks and Recreation Advisory Board and/or City Council.
1.All requests for naming and renaming park lands and facilities shall be
made in writing to the Colleyville Parks and Recreation Advisory Board.
2.The chairman of the Colleyville Parks and Recreation Advisory Board
shall name a committee that will be responsible for recommending a
name for all park lands and facilities to the Advisory Board.
3.The committee shall be responsible for research, study, and
recommendation of a proposed name to the Advisory Board. Rationale
for the selection of the recommended name shall be given in writing.
4.The Parks and Recreation Advisory Board shall approve or disapprove
of the name recommended by the committee.
5.If the committee’s recommendation is disapproved by the Advisory
Board, then the matter may be referred back to the committee for
further action.
6.Upon approval, the recommended name will be forwarded to the City
Council for their final consideration and action.
C.STREET NAMES
1.Proposed street names shall be submitted by the developer to the
Community Development Director for approval.
2.Proposed changes to existing street names shall be submitted to the
Community Development Director, but must be approved by the City
Council.
D.OTHER RECOGNITION
1.The City of Colleyville Facility Naming Policy does not preclude
additional opportunities for recognition. For example, the City Council
may honor an individual or event with a memorial or permanent
marker at a City facility or park. Donations made by individuals or
businesses may also be recognized on a donor wall or other
appropriate manner.
II.GUIDELINES FOR NAMING OR RENAMING
A.Facilities should be named within sixty days after acquisition, construction
completion, or at the earliest possible time.
B.Once adopted, name changes should occur on an exceptional basis only and
must follow the same criteria for naming new facilities.
C.Facilities shall be named in the following manner:
1.In honor of individuals who donate land or funds for park space;
2.In honor of historical events;
3.In honor of deceased national or state heroes;
4.In honor of deceased community leaders, but not prior to five years
after the date of their death;
5.In relation to predominant characteristics or physical features (lake,
trees, stream, river) of the land;
6.In relation to sub-divisions within the City;
7.In relation to streets adjacent to the park;
8.In recognition of an individual due to special circumstances or events.
D.Streets shall be named in the following manner:
1.Based on the recommendation of the developer and approval by the
Community Development Director.
2.In general, every effort should be made to avoid using the same name
on more than one street, even if the name would vary by designation
as a Street, Lane, Circle, Drive, etc.
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 4d Agenda Date 05/06/2014 Number Resolution R-14-3744
Type Resolution
Department Public Works
Title
Approval of a change order to the engineering services agreement with CTC, Inc., for
the design of railroad quiet zones at Bransford Road, Pleasant Run Road, and John
McCain Road, and authorize the city manager to execute the agreement
Explanation
Reading and Public Hearing
In 2007, City staff submitted an application for federal grant funding to design and
construct quiet zones along the Cottonbelt Line through Colleyville. In November
2008, the Federal Highway Administration (FHWA) approved the 2008 Statewide
Transportation Improvement Program (STIP) and the Texas Transportation
Commission passed Minute Order 111335, which provided $1,463,000 for the design
and construction of railroad quiet zones at Bransford Road, Pleasant Run Road, and
John McCain Road in Colleyville. As part of the grant, a local match of $359,000 was
required.
On October 22, 2012, City Council adopted attached Resolution R-12-3519, that
authorized the Mayor to execute an interlocal agreement with the Fort Worth
Transportation Authority (the "T"), in which the "T" agreed to provide the local match
and administer all contracts associated with the design and construction of the quiet
zones. The interlocal agreement stipulates that the City will procure the design and
construction contracts.
On March 19, 2013, City Council approved attached Resolution R-13-3610, authorizing
the city manager to execute an engineering services agreement with CTC, Inc. in the
amount of $321,803.50, to design the supplemental safety measures required to
create quiet zones in Colleyville.
In response to plan review comments from TxDOT, CTC was required to perform
outside the scope of work set forth in the basic agreement, and incurred additional
costs in doing so. The major items of additional work included performing a detailed
drainage area analysis associated with moving a storm sewer pipe and assisting City
staff in negotiating a crossing agreement with the railroad. The cost of the change
order is $11,502, and will be funded entirely from the grant with no cost to the City.
Both TxDOT and the Fort Worth Transportation Authority support the request and
recommend approval.
City Council Agenda Briefing 4d
City of Colleyville Page 2
Financial Impact
The cost of the requested change order is $11,502. This is grant funded and there will
be no cost to the City.
Recommendation
Approve
Attachments
1.CTC Supplemental Authorization Proposal dated April 14, 2014
2.Engineering Services Contract
3.Resolution R-12-3519
4.Resolution R-13-3610
5.Statement of Concurrence for Change Order
www.ctcinc.com
6100 Southwest Blvd., Suite 500 | Fort Worth, TX 76109 | +1 817 886 8210 (T) | +1 817 886 8225 (F)
April 4, 2014
Mr. Bo V. Cung, P.E.
Vice President, Project Management
1600 E. Lancaster Avenue
Fort Worth, TX 76102
RE: Supplemental Authorization Proposal
Dear Mr. Cung:
CTC, Inc is requesting additional authorization for the Colleyville Quiet Zone design effort in
an attempt to address the additional fees our team has incurred due to additional TXDOT and
FWWR coordination which was not anticipated in our original proposal.
Fee for Services
We expect to complete our effort for an additional fee estimated to be $11,502. I am
attaching our proposal worksheet which includes our rates for consulting services. Invoicing
will continue as described in the contract. Thank you for considering our request for additional funds to complete this project. If you have
any questions or need additional information, please do not hesitate to call me at (817) 886-
8215.
Sincerely,
Kurt Anderson
Sr. Project Manager
CTC, Inc.
EXHIBIIT E - PROFESSIONAL ENGINEERING SERVICES FOR
QUIET ZONES IN COLLEYVILLE, TEXAS
ESTIMATE OF MAN-HOURS FEE-SUPPLEMENTAL
CTC, Inc
Sr Project Project Public Info Project Design CADD/
Principal Manager Manager Officer Engineer Engineer Tech Clerical Total
1.Additional project management and railroad coordination
12 24 4 40
Subtotal 0 12 24 0 0 0 0 4 40
Rate 354.59$ 210.19$ 127.65$ 156.01$ 99.28$ 106.38$ 83.72$ 76.58$
-$ 2,522.28$ 3,063.60$ -$ -$ -$ -$ 306.32$ 5,892.20$
0 12 24 0 0 0 0 4
354.59$ 210.19$ 127.65$ 156.01$ 99.28$ 106.38$ 83.72$ 76.58$
-$ 2,522$ 3,064$ -$ -$ -$ -$ 306$
5,892$
-$
5,892$
TOTAL LABOR
TOTAL EXPENSES
TOTAL FEE FOR SERVICES
Rate
Total Fee by Job Classification
Tasks
E. Project management
Total Hours
EXHIBIT E - PROFESSIONAL ENGINEERING SERVICES FOR
QUIET ZONES IN COLLEYVILLE, TEXAS
ESTIMATE OF MAN-HOURS FEE-SUPPLEMENTAL
Urban Engineers
Project Project Design CADD/Const.
Manager Engineer Engineer Tech Inspector Clerical Total
5.11.Respond to TxDOT Comments for the 90% plan and proposal submission;
prepare 95% plan and proposal submission 2 4 24 30
5.12.Prepare drainage culvert need analysis under Pleasant Run Rd as required by
TxDOT 1 1 4 6
5.13.Respond to TxDOT Comments for the 95% plan and proposal submission;
prepare final plan and proposal submission 2 4 16 22
Subtotal 5 9 4 40 0 0 58
Rate 195.00$ 135.00$ 105.00$ 75.00$ 85.00$ 75.00$
975.00$ 1,215.00$ 420.00$ 3,000.00$ -$ -$ 5,610.00$
5$ 9$ 4$ 40$ -$ -$
195.00$ 135.00$ 105.00$ 75.00$ 85.00$ 75.00$
975$ 1,215$ 420$ 3,000$ -$ -$ 5,610$
5,610$
5,610$
Tasks
B. Design plans
TOTAL EXPENSES
TOTAL FEE FOR SERVICES
Total Hours
Rate
Total Fee by Job Classification
TOTAL LABOR
RESOLUTION R-13-3610
A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER
CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF
MARCH 19, 2013
WHEREAS, City Council has taken action on certain items on the agenda
under Consent Items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the agenda decisions approved by City Council action
under Consent Items as follows are hereby adopted:
a. Approval of the minutes of the regular City Council meeting of
March 5, 2013
b. Approval of the minutes of the Joint City Council and Planning
1andZoning20CommissionWorksessionofMarch7,3
c. Approval of an Engineering Services Agreement with CTC, Inc.,
in an amount not to exceed $321,803.50, for the design of
Supplemental Safety Measures (SSMs) for at grade crossings
on the Cotton Belt Railway at Bransford Road, Pleasant Run
Road, and John McCain Road, to allow the Federal Railroad
Administration (FRA) to designate those locations as quiet
zones, and authorize the city manager to execute the
agreement
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF q AYES, 0 NAYS, AND Z,
ABSTENTIONS ON THIS THE 19TH DAY OF MARCH 2013.
ATTEST: CITY OF COLLEYVILLE
1 1
fp AV
Am 'helley David Kelly
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 4e Agenda Date 05/06/2014 Number Resolution R-14-3744
Type Resolution
Department Public Works
Title
Approval of a construction contract with Saber Development, for Colleyville Boulevard
(SH26) Water and Sanitary Sewer Relocations – Phase 3, in an amount not to exceed
$3,269,859.75, and authorize the city manager to execute the contract
Explanation
Reading and Public Hearing
The Texas Department of Transportation (TxDOT) requires that City water and sanitary
sewer lines and franchised utilities be relocated from existing locations if they are in
conflict with the future Colleyville Boulevard (SH26) alignment and reconstruction. The
new locations for these utilities will be either in the future Colleyville Boulevard (SH26)
parkway or in easements outside of the proposed right-of-way, as no utilities will be
allowed under the future pavement. This requirement will allow the highway to remain
undisturbed as the utilities require maintenance and repairs.
The City of Colleyville entered into an agreement with Teague Nall & Perkins for the
design of the required utility relocations in 2005. On March 22, 2011, City Council
approved an amendment to the professional services agreement with Teague, Nall &
Perkins, that provided for the separation of the existing plans into multiple phases. The
amendment allows the City to perform the utility relocations in sections as the roadway
project progresses through each phase. The contract for the next phase of construction
(Phase 3) includes the relocation of water and sanitary sewer lines along Colleyville
Boulevard (SH26), from Hall-Johnson Road to Felps Drive, just south of Brown Trail.
The utility relocations are necessary due to the second phase of road construction,
which is currently anticipated to run from Hall-Johnson Road to Brown Trail. The
water and sanitary sewer improvements will include the installation of approximately
10,500 linear feet of 6”-12” water lines, and approximately 5,500 linear feet of 6”-12”
sanitary sewer lines along Colleyville Boulevard (SH26). Utility relocation
improvements are shown on Exhibit "1", where new water lines are shown in blue and
new sanitary sewer lines are shown in red.
Construction for the water and sanitary sewer relocation project is anticipated to begin
in May 2014 and be completed with 210 calendar days (seven months). Construction
let date for the next phase of road improvements is currently estimated to be
December 2014. Relocation of all utilities within the project limits must be completed
prior to the construction let date for road improvements.
City Council Agenda Briefing 4e
City of Colleyville Page 2
Bids for this project were opened by staff on April 8, 2014, and a total of three bids
were received. In order to receive the most advantageous contract for this project, it
was advertised as a "best value" contract. This allowed the City to consider several
factors in selecting a contractor, including cost, personnel experience, and past
performance on similar projects. Upon consideration of all criteria, Saber Development
was determined to be the contractor that would provide the best value to the City. The
rankings can be seen on the attached Best Value Tabulation sheet. The bid amount
was $3,269,859.75, which was the lowest bid. This amount includes a
$300,000 miscellaneous allowance, which will be used to address field changes. Prior
to the bid opening, an opinion of probable construction cost for the project was
provided by Teague Nall & Perkins, and the estimated amount for the project was
$2,499,378.50. All bids received were consistently higher than the consultant's opinion
of probable cost. The increase in cost reflects the current state of the economy. A copy
of the Recommendation to Award Letter from the design engineer is attached and
included a summary of the bids and the "best value" scoring criteria and results.
Attached is a copy of the agenda briefing on this project, which was presented to City
Council on April 15, 2014. Following discussion of the information provided by staff,
City Council directed staff to place the contract on the May 6, 2014 City Council
Agenda and concurred with the funding recommendation presented in the agenda
briefing.
The majority of the work included within this project was originally part of Phase 2, the
portion between Church Street and Centerpark Drive. The contractor for Phase 2 was
relieved of their contractual obligations by the City, for the convenience of the
government in December 2013, but were allowed to complete work north of Hall-
Johnson Road. Phase 3 has been extended beyond the Brown Trail road transition in
order to serve a cluster of businesses south of Felps Drive, presently using grinder
pumps for their sewage.
The proposed contractor's references have been verified and staff recommends
approval of the contract.
Financial Impact
Funding for this project will come from the Tax Increment Financing District (TIF)
account, wastewater impact fees, and the utility fund as follows:
TIF - $1,640,116.60
Impact Fees - $ 333,987.75
Utility Fund (restricted CIP renewal cash) - $1,295,755.40
$700,000 will be allocated and transferred from the available operating cash balance of
the Utility Fund which was $5,745,283 at September 30, 2013, to the restricted cash
account which is used for utility CIP renewal projects. The Utility Fund portion of
$1,295,755.42 needed to fund the project phase of the Colleyville Boulevard (SH26)
City Council Agenda Briefing 4e
City of Colleyville Page 3
Water and Sanitary Sewer Relocation project from Hall-Johnson Road to Brown Trail
would be funded from this restricted cash account.
Recommendation
Approve
Attachments
1.Pre Council briefing of April 15, 2014
2.Recommendation for Award letter dated April 14, 2014
3.Exhibit 1 - Phase 3 Water and Sanitary Sewer Relocation for Colleyville Boulevard
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number PC-3 Agenda Date 04/15/2014
Type Presentation and Discussion
Department Public Works
Title
Discussion of the Colleyville Boulevard (SH26) Water and Sanitary Sewer Relocation
Project
Explanation
The Texas Department of Transportation (TxDOT) requires that City water and sanitary
sewer lines and franchised utilities be relocated from existing locations, if they are in
conflict with the future Colleyville Boulevard (SH26) alignment and reconstruction. The
new locations for these utilities will be either in the future Colleyville Boulevard (SH26)
parkway, or in easements outside of the proposed right-of-way, as no utilities will be
allowed under the future pavement. This requirement will allow the highway to remain
undisturbed as the utilities require maintenance and repairs.
The City of Colleyville entered into an agreement with Teague, Nall & Perkins for the
design of the required utility relocations in 2005. On March 22, 2011, City Council
approved an amendment to the professional services agreement with Teague, Nall &
Perkins, that provided for the separation of the existing plans into multiple phases. The
amendment allows the City to perform the utility relocations in sections as the roadway
project progresses through each phase of the road reconstruction.
On April 2, 2013 City Council approved attached Resolution R-13-3615 awarding a
contract to P & E Contractors, Inc. to relocate water and sewer lines on SH26 from
John McCain Road to Center Park Drive. Subsequent to the start of work by P & E
Contractors, Inc., City Council made a decision to re-allocate the federal and state
funding for the SH26 project from the John McCain Road to Hall-Johnson Road section
and move it to the section from Hall-Johnson Road to Brown Trail. This change
required a change in scope of the utility relocations, adding the section from Center
Park Drive to Brown Trail. On December 12, 2013, the City notified P & E
Contractors, Inc., of it's intent to terminate their contract "for the convenience of the
City" effective upon completion of the utility relocation work between John McCain
Road and Hall-Johnson Road, and rebid the project for the section between Hall-
Johnson Road and Brown Trail (attached termination letter).
On April 8, 2014, bids were opened for the project to relocate utilities from Hall-
Johnson Road to Brown Trail. A total of three bids were received (attached bid
tabulation summary), ranging from $3,269,859.75 to $3,749,746.00, including a
$300,000 project contingency for unanticipated conditions.
City Council Agenda Briefing
City of Colleyville Page 2
In order to receive the most advantageous contract for this project, it was advertised
as a "best value" contract as allowed under the Texas Local Government Code. This
allowed the City to consider factors other than just price, such as past performance on
similar projects and experience of project staff. Considering all evaluation criteria, it
was determined that Saber Development was the best value contractor for the job.
Saber Development also submitted the lowest bid.
The proposed contract amount exceeds remaining allocated TIF funds by
$1,629,743.17. Of that amount, $333,987.75 is eligible for water impact fee funding,
leaving an unfunded balance of $1,295,755.42. This additional project cost is due in
large part to double digit inflationary costs in construction over the past twelve
months, and the additional scope of work by adding the section from Center Park Drive
to Brown Trail to the utility relocation project. The cost of that additional section is
estimated to be approximately $800,000. Staff has analyzed various options for
funding the additional project cost, and recommends the following funding option: that
$700,000 be allocated from the available operating cash balance of the Utility Fund
which was $5,745,283 at September 30, 2013, to the restricted cash account which is
used for utility CIP renewal projects. The $1,295,755.42 needed to fund the proposed
phase of the Colleyville Boulevard (SH26) Water and Sanitary Sewer
Relocation project from Hall-Johnson Road to Brown Trail would be funded from
this restricted cash account. In order to have a positive cash flow balance in the
restricted cash account over the five years (FY 2014 - FY 2018) for utility capital
projects that are contained in the adopted CIP plan, the upsizing of the utility lines in
Sunrise Terrace / Brighton Oaks would need to be moved from FY 2016 to FY 2018.
Staff is seeking direction from City Council as to moving forward with the acceptance
of the bid from Sabre Development with the proposed funding. This would be placed
on the May 6, 2014 agenda for City Council consideration. Additionally, the movement
of the upsizing of the utility lines in Sunrise Terrace / Brighton Oaks project from FY
2016 to FY 2018 in the adopted CIP program could be done during the future update
as a part of the FY 2015 budget process.
Attachments
1.Resolution R-13-3615
2.P & E Contractors Inc. Termination Letter
3.Bid Opening Summary
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City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 4f Agenda Date 05/06/2014 Number Resolution R-14-3744
Type Resolution
Department Public Works
Title
Approval of an agreement between CTC, Inc. and the City of Colleyville to provide
maintenance services on the active warning and advance pre-emption equipment
installed at the Fort Worth and Western Railroad crossings at Bransford Road, Pleasant
Run Road, and John McCain Road, and authorize the city manager to execute the
agreement
Explanation
Reading and Public Hearing
In 2007, City staff submitted an application for federal grant funding to design and
construct quiet zones along the Cottonbelt Line through Colleyville. In November
2008, the Federal Highway Administration (FHWA) approved the 2008 Statewide
Transportation Improvement Program (STIP) and the Texas Transportation
Commission passed Minute Order 111335, which provided $1,463,000 for the design
and construction of railroad quiet zones at Bransford Road, Pleasant Run Road, and
John McCain Road in Colleyville. As part of the grant, a local match of $359,000 was
required.
On October 22, 2012, City Council adopted Resolution R-12-3519 (attached), that
authorized the Mayor to execute an interlocal agreement with the Fort Worth
Transportation Authority (the "T"), in which the "T" agreed to provide the local match
and administer all contracts associated with the design and construction of the quiet
zones. The interlocal agreement stipulates that the City will procure the design and
construction contracts.
On March 19, 2013, City Council approved Resolution R-13-3610 (attached),
authorizing the city manager to execute an engineering services agreement with CTC,
Inc. in the amount of $321,803.50, to design the supplemental safety measures
required to create quiet zones in Colleyville.
The design for the quiet zones is complete and bid opening is scheduled for May 20,
2014. Before the contract can be awarded, it is required by the Texas Department of
Transportation (TxDOT) that the City have in place, a crossing improvement
agreement that authorizes the City to reimburse the Fort Worth and Western Railroad,
for the installation of the active warning and advance pre-emption devices that are
required by the Federal Railroad Administration. This agreement was approved by the
City Council on April 15, 2014. As part of that agreement, the Fort Worth and Western
City Council Agenda Briefing 4f
City of Colleyville Page 2
Railroad requires the City to maintain the devices as a condition of allowing the quiet
zones to be installed and further requires that maintenance be performed by the
railroad's maintenance contractor. The current railroad maintenance contractor is CTC,
Inc.
The attached agreement has been negotiated with CTC, Inc., and was discussed at the
April 15, 2014 City Council meeting. It complies with the requirements of the Fort
Worth and Western Railroad and it provides for an annual renewal with the renewal
cost being indexed to the consumer price index (CPI-U). At the City’s discretion, the
effective change rate shall be based on either the local or national index average rate
for all items.
Financial Impact
The annual cost of the maintenance contract is $51,000, broken out as follows:
Bransford Road $1,500 per month
Pleasant Run Road $1,500 per month
John McCain Road $1,250 per month
Funding will be requested for the Fiscal Year 2015 General Fund operating budget, as
the agreement will not be effective until the Federal Railroad Administration certifies
the improvements comply with the federal standards for quiet zones. This is expected
to take place on or about October 1, 2014.
It is anticipated that after the Fort Worth Transportation Authority ("The T") begins
operations of the proposed TEXRail along the Cottonbelt Line, they will assume these
annual maintenance costs.
Recommendation
Approve
Attachments
1.Maintenance Agreement for Railroad Crossings
2.Resolution R-12-3519
3.Resolution R-13-3610
MAINTENANCE AGREEMENT FOR RAILROAD CROSSINGS
This Maintenance Agreement (Agreement"), effective as of the last date subscribed by a
signatory, is made by and between the City of Colleyville ("City"), a Texas homerule municipal
corporation, having its principal office at 100 Main Street, Colleyville, Texas, and CTC, Inc.
(“Contractor”), a licensed Texas corporation, having its principal office at 6100 Southwest Boulevard,
Suite 500, Fort Worth, Texas, with reference to the following facts:
A.On April 17, 2014, the City entered into an agreement with the Fort Worth and
Western Railroad Company ("Railroad") for the construction of grade crossing safety
improvements necessary to establish “quiet zones” as that term is defined by the Federal Railroad
Administration within the corporate limits of the “City” and the “City” agreed to install and
maintain the crossings and related warning signal devices for the at grade crossings at Bransford
Road, Pleasant Run Road and John McCain Road.
B.To fulfill its maintenance obligations under its agreement with the Railroad, the City
seeks an independent contractor knowledgeable in the maintenance of warning signal and
quiet zone devices.
1.
Services to be provided by Contractor
1.1 Contractor agrees to maintain the atgrade crossings at Bransford Road, Pleasant Run Road, and
John McCain Road, including highwayrail grade crossing warning systems and quietzone equipment as
follows:
Crossing signals all testing, cleaning, painting, replacement of reflectors and lenses, signals,
lamp replacement, bonding , primary battery replacement, storage battery maintenance, light
alignment, bell maintenance, relay inspection and testing, cable inspection and testing, gate arm
inspection, gate mechanism inspection, troubleshooting, ground test circuits, exit gate
management system with integrated active vehicle detection, and quiet zone confirmation
signals. All such work shall be performed in accordance with 49 CFR, Chapter II, Federal
Railroad Administration (FRA).
1.2 Contractor further agrees to update, replace (including by reason of any cause, defect, obsolescence,
or other events) and relocate (including by reason of track alignment changes, new track constructions,
signal upgrades, or from any work implemented in the discretion of the Railroad, or resulting from
Railroad's business needs or the requirements of an administrative agency) the RAILROAD’S signal systems
for the Crossings in compliance with the Governing Regulations (present and future) and to otherwise, at all
times, comply with the Governing Regulations (present and future) pertaining to or governing the Crossings
and the Quiet Zones or the continuation thereof. The “Contractor” shall be compensated for any such work
performed under this section in accordance with paragraph 2.1 of this agreement.
1.3 Contractor 's maintenance services shall conform to all applicable federal, state and local
standards, including the testing and inspection by contractor of all such grade crossing warning
devices at thirtyday intervals, and shall include all tests and inspections as required by 49 CFR Chapter
II, part 234 G gradecrossing signalsystem safety and Part 236, Rules, Standards and Instruction
governing the installation , inspection, maintenance, and repair of signal and train control systems,
devices, and appliances.
These requirements shall include tests on cables and relays. All cables and relays that fail to meet
FRA standards will be repaired or replaced by contractor at city’s expense as outlined in Section 2. of
this agreement.
1.4 If any piece of equipment to be maintained by Contractor is damaged or destroyed,
Contractor shall promptly repair such equipment. However, if the cost of such repair exceeds $500,
and if the condition of the crossing warning signal system presents an immediate danger to the
traveling public, Contractor shall take the followings steps in order:
A.Promptly initiate efforts to warn highway users and Railroad employees at the
subject crossing as directed by 49 CFR Chapter II, part 234. Continue such efforts until
appropriate repairs have been made and the crossing warning system is functioning
properly.
B.Notify City immediately.
C.Make a reasonable attempt to thoroughly diagnose and repair equipment before
replacement of costly signal system components.
D.Upon receiving direction from City concerning cost to make repairs, make such
repairs in a timely manner.
E.Notify City and Railroad that crossing warning system is functioning properly.
1.5 During the term of this Agreement, Contractor shall prepare and file with the appropriate
government agencies all documentation required by such agencies in n connection with the Signal
and Crossing Systems. All FRA required forms shall be kept at Contractor's office in Fort Worth,
TX, with a copy of all reports forwarded to the City with the monthly invoices.
1.6 Contractor shall provide sufficient personnel and supplies in order for the services required
pursuant to this Agreement to be performed 24 hours per day, 365 days per year. Contractor shall
provide the City, the Railroad, and the Colleyville Police Department the telephone number and
such other contact information as may be requested in order that communication with Contractor
can be maintained 24 hours per day.
2.
Monthly Service Charges, Maintenance Materials and Supplies; Billing
2.1 Contractor shall furnish all maintenance materials and supplies consumed by Contractor in
providing the maintenance services describe in the Agreement , whether such services are provided
in response to damaged grade crossings, acts of God, or testing of cables and relays. Contractor
shall provide the following materials with no markup: bonds, track connections, lenses,
reflectors, signal bulbs, arrestors, fuses, and shear pins. All other consumable materials required
by Contractor in rendering the maintenance services required hereunder will be billed at cost plus
10% handling charge.
In addition to the materials cost, if any, Contractor shall bill City for labor and shipping. All
services, including materials, labor, and shipping shall be billed without tax.
2.2 Contractor shall submit invoices to City together with necessary supporting documents to
substantiate the materials consumed and labor provided. City shall remit payment of invoices
within 30 days from the date that the invoice is received.
2.3 Contractor shall send monthly billing statements, as formulated below, to the City on the
1st business day of each month for services provided during the previous month, commencing
with the 1st day of the first month following the the Notice to Proceed with this Agreement.
The City shall pay such monthly bills in full within 30 days from the date the invoice and monthly
FRA reports are received.
2.4 The monthly compensation fees for the services to be performed by Contractor shall be as
follows:
HighwayRail Grade Crossing Warning System Maintenance:
Bransford Road Crossing $1,500 per month
Pleasant Run Road Crossing $1,500 per month
John McCain Road Crossing $1,250 per month
TOTAL/MONTH $4,250 per month
3.
Insurance Requirements
3.1 At its own expense and during the term of this Agreement, Contractor shall maintain
the following insurance:
(a)Workers' Compensation Insurance providing Statutory Benefits under the Workers '
Compensation Act of the State of Texas and/or any other state or Federal Law of Laws
applicable to the contractor's employees performing the work under this instrument ,
and Employer's Liability Insurance of not less than $500,000 each accident, $500,000
each employee for disease and $500,000 limit for disease.
(b)Comprehensive Automotive Liability Insurance providing limits to be not less than
$1,000,000 per occurrence for bodily injury and property damage and $1,000,000 in
the aggregate for all occurrences. If any part of the work is sublet, similar insurance
shall be provided by or on behalf of the subcontractor(s) to cover their operations.
(c)Comprehensive General Liability Insurance providing limits to be not less than
$1,000,000 per occurrence for bodily injury and property damage and $2,000,000 in
the aggregate for all occurrences. If any part of the work is sublet, similar insurance
shall be provided by or on behalf of the subcontractor(s) to cover their operations.
(d)Contractors' Protective Liability Insurance providing limits to be not less than $2,000,000
per occurrence for bodily injury and property damage and $2,000,000 in the aggregate for
all occurrences. If any part of the work is sublet, similar insurance shall be provided by
or on behalf of the subcontractor(s) to cover their operations.
(e)Railroad Protective Liability Insurance (which includes Bodily Injury, Property Damage
and Physical Damage Insurance) or Excess Liability Umbrella Insurance without a railroad
exclusion providing limits to be not less than $2,000,000 per occurrence for bodily injury
and property damage and $6,000,000 in the aggregate for all occurrences. If any part of
the work is sublet, similar insurance shall be provided by or on behalf of the
subcontractor(s) to cover their operations.
3.2 Contractor shall comply with the following additional insurance requirements:
a.All policies required hereunder shall be written on an "occurrence basis."
b.The City and the Railroad, their officers, employees and servants shall be endorsed as
an additional insured on Contractor's insurance policies excepting employer's liability insurance
coverage under Contractor's workers' compensation insurance policy.
c.Certificates of insurance shall be delivered to the City of Colleyville, Public Works
Department, 100 Main Street, Colleyville, TX 76034, before beginning any services required
under this Agreement.
d.Any failure on part of the City to request required insurance documentation shall not
constitute a waiver of the insurance requirements specified herein.
e.Each insurance policy shall be endorsed to provide the City a minimum thirty days’
notice of cancellation, nonrenewal, and/or material change in policy terms or coverage. A ten
days’ notice shall be acceptable in the event of nonpayment of premium.
f.Insurers must be authorized to do business in the State of Texas and have a current
A.M. Best rating of A: VII or an equivalent measure of financial strength and solvency.
g.Deductible limits, or selffunded retention limits, on each policy must not exceed
$10,000.00 per occurrence unless otherwise approved by the City.
h.Other than worker's compensation insurance, and in lieu of traditional insurance, the
City may consider alternative coverage or risk treatment measures through insurance pools or
risk retention groups. The City must approve m writing any alternative coverage.
i.All insurance policies required hereunder shall include a waiver of subrogation
providing rights of recovery in favor of the City and the Railroad.
i.City shall not be responsible for the direct payment of insurance premium costs for
Contractor's insurance.
j.Contractor's insurance policies shall each be endorsed to provide that such
insurance is primary protection and any selffunded or commercial coverage maintained
by City shall not be called upon to contribute to loss recovery.
k.In the course of services being provided under this Agreement, Contractor shall
report, in a timely manner, to City's officially designated contract administrator any
known loss occurrence that could give rise to a liability claim or lawsuit or that could result
in a property loss.
I.Contractor's liability shall not be limited to the specified amounts of
insurance required herein.
m.Upon the City's request, Contractor shall provide complete copies of all
insurance policies required by these contract documents.
n.Subcontractors shall be deemed agents of Contractor and are subject to the terms
hereof.
4.
Termination
4.1 This Agreement may be terminated by Contractor upon thirtyday written notice to the
City for any of the following:
(a)City's bankruptcy, insolvency, or assignment for the benefit of creditors;
(b)City's failure to pay any amounts owed Contractor under the terms of this
Agreement, and such default continues for fifteen days after the date the payment was due.
4.2 This Agreement may be terminated by the City upon thirtydays written notice to Contractor if
Contractor fails to perform reasonably satisfactorily under the term s and conditions of this Agreement,
and City has given Contractor written notice itemizing the defects or deficiencies of Contractor's
performance and has given Contractor 45 days in which to cure the defects or deficiencies.
4.3 This Agreement may be terminated by the City for convenience and without cause upon ten
(10) days written notice.
5.
Indemnification
CONTRACTOR COVENANTS AND AGREES TO, AND BY THESE PRESENTS DOES HEREBY,
FULLY INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS
AND EMPLOYEES FROM ALL SUITS, ACTIONS OR CLAIMS OF ANY CHARACTER,
WHETHER REAL OR ASSERTED, BROUGHT FOR OR ON ACCOUNT OF ANY INJURIES OR
DAMAGES (INCLUDING DEATH) SUSTAINED BY ANY PERSONS OR TO ANY PROPERTY,
RESULTING FROM OR IN CONNECTION WITH THE CONSTRUCTION, DESIGN,
PERFORMANCE OR COMPLETION OF ANY WORK TO BE PERFORMED BY SAID
CONTRACTOR, ITS CONTRACTORS, SUBCONTRACTORS, OFFICERS, AGENTS OR
EMPLOYEES, OR IN CONSEQUENCE OF ANY FAILURE TO PROPERLY SAFEGUARD THE
WORK OR ON ACCOUNT OF ANY ACT, INTENTIONAL OR OTHERWISE, NEGLECT OR
MISCONDUCT OF SAID CONTRACTOR, ITS CONTRACTORS, SUBCONTRACTORS,
OFFICERS, AGENTS OR EMPLOYEES.
It is understood that the foregoing is not intended to cover matters in which the City, its officers,
employees or agents have been found to be negligent or grossly negligent or to have committed
malfeasance.
6.
Term
This Agreement shall remain in full force and effect for a period of one year from the effective
date for the services to be rendered by Contractor hereunder. City and Contractor may, upon mutual
written consent, extend the contract for additional oneyear periods after the initial term until such time
as the Contractor is no longer the Railroad’s maintenance contractor or either party chooses not to renew
the agreement. If either party so chooses, then a written notice of intent not to renew the Agreement must
be provided no less than 90 days prior to termination of the Agreement.
This contract shall be for a period of one (1) year or 365 calendar days beginning on the date
specified in the Notice to Proceed.
Contractor shall present a written request no later than ninety (90) days prior to the expiration of
the contract indicating interest in extending the contract for an additional term. Contractor may request a
price increase in the written request to renew at a rate not to exceed the effective percentage change in
the consumer price index (CPIU) for the previous twelve (12) months. At the City’s discretion, the
effective change rate shall be based on either the local or national index average rate for all items.
If agreement cannot be reached or the City does not desire to extend the contract for an
additional term, the contract will be terminated at the end of the current contract period.
7.
Miscellaneous
7.1 Drug Testing. Contractor shall comply with FRA's drug and alcohol testing program.
7.2 Binding Effect. This Agreement shall inure to the benefit of and be binding upon the parties
hereto and their respective successors, assigns, personal representatives, and heirs. No party,
however, may assign this Agreement, or any portion thereof, to any person without the prior
written consent, not to be unreasonably withheld, of the other party.
7.3 Governing Law. The provisions of this Agreement shall be governed by and construed in
accordance with the laws of the State of Texas. Venue shall lie exclusively in any court of
competent jurisdiction located in Tarrant County, Texas or the United States District Court for the
Northern District of Texas, Fort Worth Division.
7.4 Notices. "Notice," except in Section 1.4, means a written notice required or
permitted under this Agreement. For nonemergency notice, a notice shall be deemed given or
sent when deposited , as certified mail or for overnight delivery, postage and fees prepaid , in the
United States mails; when delivered to an overnight delivery carrier, charges prepaid or
charged to the sender's account; when personally delivered to the recipient; when transmitted
electronically and confirmed as having been successfully transmitted; or when delivered to the
home or office of a recipient in the care of a person whom the sender has reason to believe will
promptly communicate the notice to the recipient. Emergency notice may be given to the
individuals listed below and such notice may be given by email or facsimile with confirmation
of delivery by return email or telephone call.
If to Colleyville:
Mr. Bob Lowry
Public Works Department
100 Main Street
Colleyville, Texas 76034
blowry@colleyville.com
Telephone 8175031096
Facsimile 8175031099
If to Contractor:
Mr. Kurt Anderson CTC, Inc.
6100 Southwest Blvd., Suite 500
Fort Worth, Texas 76109
Telephone 81788682 l0
Facsimile 8178868225
7.5 Entire Agreement. This Agreement constitutes the entire agreement among the parties
regarding the subject matter of this Agreement, and no previous statement, promise, agreement,
inducement or representation, whether oral or written, shall be of any further force or effect
unless expressly set forth herein . All parties acknowledge and agree that they have been advised
of and had the opportunity to seek the advice of counsel of their own choosing regarding the terms
of this Agreement and the advisability of executing it. All parties acknowledge and agree that
they have each fully read and understood the terms of this Agreement. Should any part of this
Agreement be held by a court of competent jurisdiction to be unenforceable or invalid, the remaining
portions of this Agreement shall remain in full force and effect.
In witness hereof, the parties hereto have executed this Agreement.
CTC, INC.
By:___________________________________________ Date:______________
Kurt Anderson, VP/General Manager
CITY OF COLLEYVILLE
ATTEST: ______________________________________Date:______________
Amy Shelley, City Secretary
APPROVED: ___________________________________ Date:______________
Jennifer Fadden, City Manager
APPROVED AS TO
FORM & LEGALITY: ____________________________Date:______________
Matthew Boyle, City Attorney
RESOLUTION R-13-3610
A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER
CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF
MARCH 19, 2013
WHEREAS, City Council has taken action on certain items on the agenda
under Consent Items.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the agenda decisions approved by City Council action
under Consent Items as follows are hereby adopted:
a. Approval of the minutes of the regular City Council meeting of
March 5, 2013
b. Approval of the minutes of the Joint City Council and Planning
1andZoning20CommissionWorksessionofMarch7,3
c. Approval of an Engineering Services Agreement with CTC, Inc.,
in an amount not to exceed $321,803.50, for the design of
Supplemental Safety Measures (SSMs) for at grade crossings
on the Cotton Belt Railway at Bransford Road, Pleasant Run
Road, and John McCain Road, to allow the Federal Railroad
Administration (FRA) to designate those locations as quiet
zones, and authorize the city manager to execute the
agreement
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF q AYES, 0 NAYS, AND Z,
ABSTENTIONS ON THIS THE 19TH DAY OF MARCH 2013.
ATTEST: CITY OF COLLEYVILLE
1 1
fp AV
Am 'helley David Kelly
City Secretary Mayor
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 4g Agenda Date 05/06/2014 Number Resolution R-14-3744
Type Resolution
Department City Manager
Title
Approval of the use of Park Land Dedication Fund monies for Pleasant Run Soccer
Complex improvements
Explanation
Reading and Public Hearing
The Pleasant Run Soccer Complex was completed in 1994, and staff has identified the
replacement of two capital items that were original to the construction of the complex.
The first is the original fencing around the fields that is at the end of its useful life with
an estimated cost of $25,000. The other is the original irrigation components and
configuration on the game fields, which were installed during the construction of the
Complex in 1994. With changes in irrigation, technology and equipment, and recent
water restrictions that were not in effect in the 1990s, the irrigation system needs to
be reconfigured and replaced to provide maximum watering efficiency with the least
use of water possible. Again, this is the original irrigation configuration, and
replacement of the system on the game fields is estimated to cost $100,000.
As contained in the attached excerpt from the Executive Summary of the 2011 Parks,
Recreation, and Open Space Master Plan adopted in December 2011, there is an
identified need for three additional playgrounds in the short term, five-year timeframe
for park system improvements. The complex is used by over 1,000 participants and
their families during both the spring and fall seasons, and there is not a playground on
the site close to the game fields. Due to the consistent large number of visitors to this
site during both seasons, and its adjacency to the Cotton Belt Trail, staff is
recommending the placement of a playground on this site. The estimated cost of this
playground is $75,000.
The total cost of the three recommended improvements is $200,000, and the
recommended source of funding is the Park Land Dedication Fund. The improvements
are an allowable use of funds under the provisions in attached Ordinance O-98-1129.
There is an unallocated balance of $1,414,038 as of March 31, 2014, per the attached
Financial Status of the Park Land Dedication Fund. At the April 7, 2014 meeting, staff
presented this recommendation for expenditure of Park Land Dedication funds to the
Parks and Recreation Advisory Board, and received unanimous approval from the
Board that it be presented to the Park Land Dedication Committee for their
consideration. At the April 29, 2014 meeting, the Park Land Dedication Committee
unanimously approved expending $200,000 for the proposed improvements to the
City Council Agenda Briefing 4g
City of Colleyville Page 2
Pleasant Run Soccer Complex, and that it be presented to the City Council for their
consideration of the approval of this expenditure.
Financial Impact
The proposed expenditures of $200,000 would be paid from the available funds in the
Park Land Dedication Fund, which are $1,414,038 as of March 31, 2014.
Recommendation
Approve
Attachments
1.Outdoor Facility Needs - 2011 Parks, Recreation and Open Space Master Plan -
December 2011 - Excerpt
2.Ordinance O-98-1129
3.Financial status of the Park Land Dedication Fund at March 31, 2014
Executive Summary
ES – 9
Outdoor and Indoor Facilities
OUTDOOR FACILITY NEEDS AND RECOMMENDATIONS
The City of Colleyville has been proactive in providing outdoor athleticfacilitiesfor competitive
use and,therefore,does not need to develop additional competitive use facilitieswithin the next
five years. However, alevel of serviceanalysis of practice facilities and non-athletic outdoor
recreation facilities does indicate a need(see Figure ES 3). These needs align with the results of
the public involvement process,in which many residents expressed the need for more trails and
passive park amenities for family use. The majority of the facilities shown in Figure ES 3 can be
constructed along with park development; however, some recreational facilities could be
constructed independently of other park development projects.
Figure ES 3
Outdoor Facility Needs
(These needs are based on a level of service analysis and
may not be directly reflected in the Implementation Plan)
Athletic Facility Needs (2011–2016 or 5 Year Target)*
x Multi-Purpose Practice Fields**2 Fields
x Basketball Goals 2 Goals***
Non-Athletic Facility Needs (2011–2016 or 5 Year Target)*
x Paved Hike and Bike Trails 4 Miles
x Natural Surface Trails 2 Miles
x Playgrounds 3 Playgrounds
x Pavilions 2 Pavilions
*Deficiencies based on a projected 2016 population of 24,115
**Open fields designed or usable for football, soccer, and baseball practice
***One full-court or two half-courts
Outdoor Facility Needs - 2011 Parks, Recreation and Open Space
Master Plan - December 2011 - Excerpt
FINANCIAL STATUS OF PARK LAND DEDICATION FUND AT 3-31-2014
TOTAL REVENUES $3,639,385
TOTAL INTEREST INCOME REC'D $537,965
LESS EXPENSES:
KIDSVILLE DONATION $1,000
LANDSCAPING NATURE CENTER $1,169
NATURE CENTER TREES $1,035
KIMSEY PARK APPRAISALS $4,700
CITY PARK SOD $72,881
TPWD KIMSEY PARK GRANT $8,800
COTTONBELT TRAIL I $161,447
COTTONBELT TRAIL I ROW ACQUISITION $32,323
WEBB HOUSE RESTORATION $98,584
COTTONBELT TRAIL II $147,006
MC DONWELL SCHOOL TRAIL $162,790
PARK PROPERTY $508,047
CASTLETON TRAIL $18,956
MC PHERSON PARK PHASE I $1,084,147
LOG BARN $111,000
SPARGER PARK TRAIL $82,838
TOTAL EXPENSES $2,496,722
LESS ENCUMBERANCES:
COTTONBELT TRAIL II $61,292
COTTONBELT TRAIL III $185,297
WEBB HOUSE TRAIL $20,000
TOTAL ENCUMBERANCES $266,589
TOTAL AVAILABLE AT 3-31-2014 $1,414,038
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5a Agenda Date 05/06/2014 Number Ordinance O-14-1915
Type Ordinance
Department Community Development
Title
Consideration of a request for a Special Use Permit for a wedding chapel on Lot 1R1,
Block 1, of the Monterra Place Addition, located at 1700 Tennison Parkway, Case ZC14-
002
Explanation
First Reading and Public Hearing
Robin Scheuerman with Monarch Photographic Corporation has submitted a request for
a Special Use Permit to add a wedding chapel to an existing photography studio at
1700 Tennison Parkway.
Existing Conditions and Zoning. The subject property contains an 8,946 square foot
building, which is currently occupied by Marcel's at Monterra photography studio. The
property is platted as Monterra Place Addition, Block 1, Lot 1R1. The site is zoned
Planned Unit Development-Residential (PUD-R), which allows CC-1-Village Retail uses
at this location. A wedding chapel is allowed in the CC-1-Village Retail zoning district
with Special Use Permit approval.
Statement of Planning Objectives. The request is for a Special Use Permit for a
wedding chapel that will host other small venue receptions including indoor and
outdoor facilities. With regard to indoor facilities, there will be two rooms, one for 65
attendees and the other for 45 attendees. Both rooms will allow for ten support staff
for any given event. The building will not exceed 125 people at one time, including the
support staff. Outdoor facilities will include an outdoor venue which will allow wedding
ceremonies with a maximum of 75 people, including 65 attendees and ten support
staff.
Food will be catered to the site, so facilities for commercial food preparation will not be
required. Six new employees will operate the facility to host events and to provide
security.
Alcohol. There will be no alcohol sales as part of the proposed use. However, guests
may bring alcohol for consumption provided it is not sold on the premises. Any sale of
alcohol requires a permit by the Texas Alcoholic Beverage Commission (TABC). The
TABC strictly enforces this requirement and, as a matter of policy, the TABC will not
issue a permit without obtaining written approval by the City.
City Council Agenda Briefing 5a
City of Colleyville Page 2
Hours of Operation. Events will usually occur on weekend and week night schedules
when the photography studio and adjacent businesses are not in operation. Hours of
operation will be 7:00 a.m. to 10:00 p.m., Sunday through Thursday, and 7:00 a.m. to
11:00 p.m., Friday through Saturday. Outdoor events will occur between the hours of
7:00 a.m. to 9:00 p.m., Sunday through Saturday.
Parking and Access. The property is located along Tennison Parkway, west of
Colleyville Boulevard (SH26). Tennison Parkway has four lanes, and is divided by a
landscaped median. There is an opening in the median to accommodate traffic from
the driveway. There is a fire lane at the back of the property that connects to SH26.
There is not a specific number of parking spaces designated for this use. However,
churches are also community spaces and require one space for every three seats.
Using the church ratio, 42 parking spaces would be required. The site provides 39
spaces, and the owner has a shared parking agreement for 35 spaces with the
adjacent property owner (attached).
Other Site Development Conditions. The site, including signage, landscaping and
the dumpster, meets all current Land Development Code requirements.
Surrounding Land Uses and Zoning. The property to the north is zoned CC-2-
Shopping Center district and is currently vacant. The property to the east is zoned
Planned Unit Development-Residential (PUD-R) and is developed for various office and
service uses. The property to the south is zoned Planned Unit Development-Residential
and provides drainage and open space uses for the Monterra residential subdivision.
On the hard corner of Tennison Parkway and Colleyville Boulevard is Lone Star
Collision, zoned Light Manufacturing (ML) district. To the south and west of the subject
property are single family residences and open space uses.
Master Plan. The Future Land Use Plan designates the subject property for retail uses.
Retail and service uses are consistent with the Future Land Use Map and 2005
Comprehensive Plan.
Public Notification. Staff mailed notices to 11 adjacent property owners within 200
feet, as well as homeowners associations within 500 feet of the subject property
regarding this request. Notice was published in the Fort Worth Star-Telegram as
required by state law and the Land Development Code. To date, one letter of
opposition received from the homeowner's association (HOA), and 27 speaker cards
opposed to the request have been received. One speaker card in favor of the request
has been received. Only the HOA letter and one speaker card contain properties that
are within 200 feet of the subject property. The remainder of the speaker cards are
located outside of the 200 foot buffer area.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission recommended approval of this request at the April 14, 2014 meeting by a
City Council Agenda Briefing 5a
City of Colleyville Page 3
vote of 4-1.
Supermajority Vote Requirement. Because more than 20 percent of the property
area within 200 feet of the subject property is opposed to the request, a supermajority
vote of the City Council will be required in order to approve this item. As of the date of
this briefing, total opposition stands at 26 percent.
Summary. The existing photography studio can adapt to the proposed use with very
minor alterations to the existing facility. In addition, the site has adequate parking
spaces to accommodate the proposed use including the shared parking agreement.
With the median cut, the proposed use has access to Tennison Parkway in both
directions. There are existing commercial and retail uses to the east of the property
and open space as a buffer to the residential properties to the west. Taking these
factors into account, staff recommends approval of the Special Use Permit for a
wedding chapel.
Financial Impact
There is no financial impact to the City.
Recommendation
Approval with the following conditions:
1. HOURS OF OPERATION AND MAXIMUM NUMBER OF ATTENDEES
a. The hours of operation and maximum number of attendees for indoor receptions and
party events shall be as follows:
Sunday – Thursday: 7:00 a.m. – 10:00 p.m.
Friday – Saturday: 7:00 a.m. – 11:00 p.m.
The maximum number of attendees for indoor events is 125 people at any one time.
b. The hours of operation and maximum number of attendees for outdoor wedding
ceremonies shall be as follows:
Sunday – Saturday: 7:00 a.m. – 9:00 p.m.
The maximum number of attendees for outdoor events is 65 people.
c. This development shall be generally consistent with the Statement of Planning
Objectives, attached as Exhibit “B”.
2. PERMITTED USES
a. The uses allowed by this Special Use Permit shall be for a wedding chapel. The
City Council Agenda Briefing 5a
City of Colleyville Page 4
following shall be acceptable accessory uses: birthday, graduation, anniversary, or
other special receptions, or party events.
b. The Special Use Permit shall automatically expire upon the abandonment of the
business; change in use, or upon the expiration, or termination, of the Certificate of
Occupancy for the wedding chapel.
c. The site and building layout of the wedding chapel shall generally conform to Exhibit
“C”.
Attachments
1.Location and Zoning Map
2.Aerial
3.Buffer Map
4.Notification List
5.Letters of Opposition
6.Letter of Support
7.Statement of Planning Objectives
8.Seating Layout and Outdoor Amenities
9.Shared Parking Agreement
10.Street View
11.Monterra PUD Ordinance O-98-1098
12.Ordinance O-14-1915
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Legend
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AG Agricultural
CC-1 Village Retail
CC-2 Shopping Center
CC-3 Highway Commercial
CN Neighborhood Commercial
CP0 Professional Office
ML Light Manufacturing
PUD-C Planned Unit Development, Commercial
PUD-R Planned Unit Development, Residential
R-10 Single Family Residential (10,000 sq. ft. min)
R-15 Single Family Residential (15,000 sq. ft. min)
R-20 Single Family Residential (20,000 sq. ft. min)
R-30 Single Family Residential (30,000 sq. ft. min)
R-40 Single Family Residential (40,000 sq. ft. min)
R-MF Multi-Family Residential
RD Two Family Residential
RE Single Family 'Estate' Residential
Location and Zoning Map
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Properties within 200 ft buffer
Buffer Map
Owner Name Owner Address Owner City Owner State Owner Zip Situs Address
MONTERRA HOME OWNER'S ASSOC 6707 BRENTWOOD STR RD FORT WORTH TEXAS 76112 001799 TENNISON PKWY
FELLER-DAVIS ENTERPRISES LLC 3300 SPRING VALLEY DR BEDFORD TEXAS 76021 006900 COLLEYVILLE BLVD
LFP PROPERTIES INC 7505 GLENVIEW DR STE 150 RICHLAND HILLS TEXAS 76180 001704 TENNISON PKWY
MONARCH PHOTOGRAPHIC CORP 1700 TENNISON PKWY COLLEYVILLE TEXAS 76034 001700 TENNISON PKWY
LFP PROPERTIES INC 7505 GLENVIEW DR STE 150 RICHLAND HILLS TEXAS 76180 001706 TENNISON PKWY
MONTERRA HOME OWNER'S ASSO 6707 BRENTWOOD STAIR RD FORT WORTH TEXAS 76112 001690 TENNISON PKWY
CAIRNS, CRAIG ETUX NANCY 1617 DOUGLAS AVE COLLEYVILLE TEXAS 76034 001617 DOUGLAS AVE
CHESAPEAKE LAND DEV CO LLC 6100 N WESTERN AVE OKLAHOMA CITY OKLAHOMA 73118 001701 JOHN MCCAIN RD
CHESAPEAKE LAND DEV CO LLC 6100 N WESTERN AVE OKLAHOMA CITY OKLAHOMA 73118 006900 COLLEYVILLE BLVD
LONE STAR COLLISON LTD 6804 COLLYVILLE BLVD COLLEYVILLE TEXAS 76034 006804 COLLEYVILLE BLVD
MONTERRA HOME OWNER'S ASSOC 6707 BRENTWOOD STR RD FORT WORTH TEXAS 76112 001699 TENNISON PKWY
CTAJ LTD 6904 COLLYVILLE BLVD COLLEYVILLE TEXAS 76034 006904 COLLEYVILLE BLVD
GRAPEVINE-COLLEYVILLE ISD 3051 IRA E. WOODS AVE GRAPEVINE TEXAS 76051 COURTESY NOTICE
Monterra HOA, Daniel Swart 6811 MILTON DRIVE COLLEYVILLE TEXAS 76034 COURTESY NOTICE
Monterra HOA, Michelle Williams 4113 GATEWAY DRIVE #100 COLLEYVILLE TEXAS 76034 COURTESY NOTICE
Robin Scheuerman, Applicant 1700 TENNISON PKWY COLLEYVILLE TEXAS 76034 APPLICANT
Public hearing notices were mailed
Fri., Mar. 7, 2014 by Taci Wrisley
Notification List
Letters of Opposition
Letters of Opposition
Letters of Opposition
Letters of Opposition
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Letter of Support
Monarch Photographic Corp
1700 Tennison Parkway
Colleyville, TX 76034
MONTERRA PLACE SUP
Statement of Planning Objectives
Concept
The Monarch Photographic Corporation currently operates the metroplex’s largest facility at our
“Marcel’s at Monterra” studios, located along Bear Creek, one block west from Colleyville
Boulevard on Tennison Parkway in the Monterra Place Addition. Our company has provided
graduating senior photography services to school districts since 1962. The facility covers nearly
9000 sq. ft. on a 2 acre site on Bear Creek. Indoors, the studio is quite elegant complete with
chandelier, 25 ft. ceiling, baby grand piano, dressing areas, sunroom and kitchenette on the
west side. The east side space is utilized as overflow studio and additional proposed venue
space. Our outdoor portrait park contains a half-acre wildflower garden, year round stream,
gazebo, archways, terraces, waterfall, and large lawn to facilitate superior imaging. Because of
the picturesque setting, we are often beset with requests to hold special events at this location
from our clients, their families, and school groups seeking banquet locations.
Market Research
Citing a lack of small event venues in the City of Colleyville, our feedback from the public has
been quite favorable. The location is far removed from both busy roads and residential
neighborhoods, separated by a natural stream corridor, and is a pleasing respite for the passing
motorists entering the Monterra subdivision. We foresee a highly sought after venue that will
generate funding to further develop the garden spot we have created.
Conversion Activity and Occupancy
With the SUP dual use designation, we will be converting space in two (of four) camera rooms.
There will be no construction involved in the conversion of the rooms, other than rearranging of
sets, screening those that remain, setting up tables and seating, and cleaning.
Including the hosts and support staff, proposed occupancy of the west side studio is 75 people
(including 10 support staff). The east side space is event ready for parties of 55 (including
support staff). The facility possesses 39 parking spaces and has secured a shared parking
arrangement with the adjacent property owner for 35 more. There is also additional street side
parking on the unnamed road at the rear of the complex, outside of the fire lane.
Outdoor events will be available to the extent they do not interfere with our photographic sets.
Clients will be given their choice of sets (gazebo, waterfall, arch, or patio) for outdoor
ceremonies. Maximum attendance for the outdoor ceremonies is 65 people. Outdoor operation
hours are between 7:00 am and 9:00 pm to comply with Code of Ordinances, Article II, Section
42.27. Late night or early morning cleaning crews may be present indoors as need arises. The
facility will not apply for TABC licenses at this time, and will not sell alcoholic beverages. All
catering, florist, and equipment services will be supplied from off-site contractors.
Statement of Planning Objectives
Economic Development
Operation of the facility will require the hiring of six new employees to set up/ tear down, host
events, and provide security. Traffic through the facility will likely increase from the 5,000 annual
visits occurring currently, to perhaps 10,000 visits annually. Events likely occur on weekend/
weeknight schedules when the studio and adjacent businesses are not in operation, so impacts
on traffic will be nominal. Indoor events will be completed by 10:00 pm weeknights and 11:00
pm on weekends. Once both venues are 100% utilized we estimate the additional revenues to
the facility to generate $16850 in additional sales tax revenues to the city (2%).
Negotiated Concessions
The SUP was revised on 4-8-14 to reflect good faith negotiations with area residents. The
following concessions were made to the board of The Monterra Neighborhood Association.
Outdoor events, once estimated to host 125 guests has been rescinded to terms below.
It was agreed that the only outdoor operations would be wedding ceremonies as requested in
the garden area of the client’s choice. Subsequent receptions and parties will be relocated to
the indoor areas with all outdoor night-time activities to end by 9:00 pm. The staff will utilize
existing lighting as needed to restore the grounds. It was agreed that this reduction of the
proposed outdoor occupancy would contribute significantly to the concerns of noise and traffic
as voiced in earlier hearings.
Marcel’s at Monterra has agreed to attend homeowner’s association meetings as requested to
work together to address any unforeseen issues that may arise. We affirmed our commitment to
enhance the neighborhoods gateway as the center grows, adding aesthetic improvements and
privacy safeguards for both neighbors and clients. We agree to maintain the friendly cooperation
with the neighborhood park and creek area on adjoining property lines, and foresee no changes
to the use of these areas by the neighborhood.
Statement of Planning Objectives
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ORDINANCE O-14-1915
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP BY CHANGING THE ZONING ON LOT 1R1, BLOCK 1 OF THE
MONTERRA PLACE ADDITION, LOCATED AT 1700 TENNISON
PARKWAY, BY AUTHORIZING A SPECIAL USE PERMIT FOR A
WEDDING CHAPEL; PROVIDING A PENALTY OF FINE NOT TO EXCEED
THE SUM OF TWO THOUSAND DOLLARS ($2,000.00); AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for a rezoning
under Case No. ZC14-002; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to enact a new zoning ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning
Commission to recommend the boundaries of the various
original zoning districts and appropriate regulations be enforced
therein and to recommend a new zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into
districts and has prepared regulations pertaining to such
districts in accordance with a comprehensive plan designed to
lessen congestion in the streets; to secure safety from fire,
panic, and other dangers; to promote health, general welfare;
to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration, among other things, to the character of the
districts and their peculiar suitability for particular uses, with a
view to conserving the value of buildings and encouraging the
most appropriate use of land throughout the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville
and the City of Colleyville City Council, in compliance with the
Charter of the City of Colleyville, and State Law with reference
to changes to zoning classifications under the Zoning Ordinance
Regulations and Zoning Map, having given the requisite notices
by publication and otherwise, and after holding due hearings
and affording a full and fair hearing to all the property owners
generally, and to the persons interested and situated in the
Ordinance O-14-1915
Page 2 of 4
affected area and in the vicinity thereof, the governing body of
the City of Colleyville is of the opinion that said change in
zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance
as if copied in their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on Lot 1R1, Block 1, of Monterra Place
Addition, located at 1700 Tennison Parkway, by authorizing a
Special Use Permit for a wedding chapel, as depicted on Exhibit
“A”.
Sec. 3. THAT the Official Zoning Map of the City of Colleyville be
amended to incorporate the zoning change approved herein.
Sec. 4. THAT the above described tract of land shall be subject to the
following conditions:
1. HOURS OF OPERATION AND MAXIMUM NUMBER OF ATTENDEES
a. The hours of operation and maximum number of attendees
for indoor receptions and party events shall be as follows:
Sunday – Thursday: 7:00 a.m. – 10:00 p.m.
Friday – Saturday: 7:00 a.m. – 11:00 p.m.
The maximum number of attendees for indoor events is
125 people at any one time.
b. The hours of operation and maximum number of attendees
for outdoor wedding ceremonies shall be as follows:
Sunday – Saturday: 7:00 a.m. – 9:00 p.m.
The maximum number of attendees for outdoor events is
65 people.
c. This development shall be generally consistent with the
Statement of Planning Objectives, attached as Exhibit “B”.
Ordinance O-14-1915
Page 3 of 4
2. PERMITTED USES
a. The uses allowed by this Special Use Permit shall be for a
wedding chapel. The following shall be acceptable
accessory uses: birthday, graduation, anniversary, or other
special receptions, or party events.
b. The Special Use Permit shall automatically expire upon the
abandonment of the business; change in use or upon the
expiration or termination of the Certificate of Occupancy for
the wedding chapel.
c. The site and building layout of the wedding chapel shall
generally conform to Exhibit “C”.
Sec. 5.
THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore
amended, and as amended herein.
Sec. 6. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance
of the City of Colleyville, and upon conviction shall be punishable
by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
Sec. 7. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to permit
its proper development and in order to protect the public
interest, comfort and general welfare, and requires that this
ordinance shall take effect immediately from and after its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted by City Council on the
6th day of May 2014.
The second reading and public hearing being conducted by City Council on
the 13th day of May 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville,
Texas, on this the ________ day of _________________________ 2014.
Ordinance O-14-1915
Page 4 of 4
ATTEST: CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit A –Location and Zoning Map
Exhibit B–Statement of Planning Objectives (1 of 2)
Monarch Photographic Corp
1700 Tennison Parkway
Colleyville, TX 76034
MONTERRA PLACE SUP
Statement of Planning Objectives
Concept
The Monarch Photographic Corporation currently operates the metroplex’s largest facility
at our “Marcel’s at Monterra” studios, located along Bear Creek, one block west from
Colleyville Boulevard on Tennison Parkway in the Monterra Place Addition. Our
company has provided graduating senior photography services to school districts since
1962. The facility covers nearly 9000 sq. ft. on a 2 acre site on Bear Creek. Indoors, the
studio is quite elegant complete with chandelier, 25 ft. ceiling, baby grand piano,
dressing areas, sunroom and kitchenette on the west side. The east side space is
utilized as overflow studio and additional proposed venue space. Our outdoor portrait
park contains a half-acre wildflower garden, year round stream, gazebo, archways,
terraces, waterfall, and large lawn to facilitate superior imaging. Because of the
picturesque setting, we are often beset with requests to hold special events at this
location from our clients, their families, and school groups seeking banquet locations.
Market Research
Citing a lack of small event venues in the City of Colleyville, our feedback from the public
has been quite favorable. The location is far removed from both busy roads and
residential neighborhoods, separated by a natural stream corridor, and is a pleasing
respite for the passing motorists entering the Monterra subdivision. We foresee a highly
sought after venue that will generate funding to further develop the garden spot we have
created.
Conversion Activity and Occupancy
With the SUP dual use designation, we will be converting space in two (of four) camera
rooms. There will be no construction involved in the conversion of the rooms, other than
rearranging of sets, screening those that remain, setting up tables and seating, and
cleaning. Including the hosts and support staff, proposed occupancy of the west side
studio is 75 people (including 10 support staff). The east side space is event ready for
parties of 55 (including support staff). The facility possesses 39 parking spaces and has
secured a shared parking arrangement with the adjacent property owner for 35 more.
There is also additional street side parking on the unnamed road at the rear of the
complex, outside of the fire lane. Outdoor events will be available to the extent they do
not interfere with our photographic sets. Clients will be given their choice of sets
(gazebo, waterfall, arch, or patio) for outdoor ceremonies. Maximum attendance for the
outdoor ceremonies is 65 people. Outdoor operation hours are between 7:00 am and
9:00 pm to comply with Code of Ordinances, Article II, Section 42.27. Late night or early
morning cleaning crews may be present indoors as need arises. The facility will not
apply for TABC licenses at this time, and will not sell alcoholic beverages. All catering,
florist, and equipment services will be supplied from off-site contractors.
Exhibit B-Statement of Planning Objectives (2 of 2)
Economic Development
Operation of the facility will require the hiring of six new employees to set up/ tear down,
host events, and provide security. Traffic through the facility will likely increase from the
5,000 annual visits occurring currently, to perhaps 10,000 visits annually. Events likely
occur on weekend/ weeknight schedules when the studio and adjacent businesses are
not in operation, so impacts on traffic will be nominal. Indoor events will be completed
by 10:00 pm weeknights and 11:00 pm on weekends. Once both venues are 100%
utilized we estimate the additional revenues to the facility to generate $16850 in
additional sales tax revenues to the city (2%).
Negotiated Concessions
The SUP was revised on 4-8-14 to reflect good faith negotiations with area residents.
The following concessions were made to the board of The Monterra Neighborhood
Association. Outdoor events, once estimated to host 125 guests has been rescinded to
terms below. It was agreed that the only outdoor operations would be wedding
ceremonies as requested in the garden area of the client’s choice. Subsequent
receptions and parties will be relocated to the indoor areas with all outdoor night-time
activities to end by 9:00 pm. The staff will utilize existing lighting as needed to restore
the grounds. It was agreed that this reduction of the proposed outdoor occupancy would
contribute significantly to the concerns of noise and traffic as voiced in earlier hearings.
Marcel’s at Monterra has agreed to attend homeowner’s association meetings as
requested to work together to address any unforeseen issues that may arise. We
affirmed our commitment to enhance the neighborhoods gateway as the center grows,
adding aesthetic improvements and privacy safeguards for both neighbors and clients.
We agree to maintain the friendly cooperation with the neighborhood park and creek
area on adjoining property lines, and foresee no changes to the use of these areas by
the neighborhood.
Exhibit C – Seating Layout and Outdoor Amenities
Indoor Seating Layout
Outdoor Amenities
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5b Agenda Date 05/06/2014 Number Ordinance O-14-1916
Type Ordinance
Department Community Development
Title
Consideration of a request for a Special Use Permit for on-premise alcohol sales on Lot
3, Block 1, of the Tara Addition, located at 1009 Cheek-Sparger Road, Suite 122A,
Case ZC14-003
Explanation
First Reading and Public Hearing
The applicant, Beatriz Dickson, has submitted a request for a Special Use Permit (SUP)
to allow alcoholic beverage sales for on-premise consumption at 1009 Cheek-Sparger
Road, Suite 122A. The subject property, Tara Village Shopping Center, is zoned CC-1-
Village Retail district and is comprised of different businesses and vacant space totaling
39,902 square feet. The proposed space will be developed as a restaurant. Alcoholic
beverage sales for on-premise consumption are allowed in the CC-1-Village Retail
zoning district with the approval of a SUP.
Existing Conditions. The subject business will occupy 5,200 square feet of a suite in
the middle portion of the building which was previously used as a restaurant with on-
premise alcohol sales named Reposado's. Currently, there are retail and office uses
occupying neighboring suites, along with some vacant space.
Proposed Restaurant. The applicant is proposing to open a new restaurant named
Ana's Mexican Grill. As of the date of this briefing, the restaurant was issued a
Certificate of Occupancy on April 21, 2014, and has opened. Alcohol sales are pending
final approval of the SUP.
Parking. The Land Development Code requires one parking space per 100 square feet
of gross floor area for a restaurant use. Given the size of the proposed restaurant, the
applicant is required to have 52 parking spaces. Tara Village Shopping Center has 230
parking spaces; therefore, the use meets the requirements of the Land Development
Code regarding parking.
The remaining uses for the property are a mix of office and retail uses. The Land
Development Code requires one (1) parking space per 200 square feet for general
retail use, and one (1) parking space per 300 square feet for general office use. Using
the most restrictive ratio of one (1) space for every 200 square feet, the required
parking for the entire property is 200 parking spaces.
City Council Agenda Briefing 5b
City of Colleyville Page 2
Hours of Operation. The applicant is proposing the hours of operation to be: Sunday
through Thursday, 11:00 a.m. to 10:00 p.m.; and Friday and Saturday, 11:00 a.m. to
11:00 p.m.
Distance Requirements. The City of Colleyville Code of Ordinances require
businesses that serve alcoholic beverages to be located at least 300 feet from a
church, school, or public hospital. The distance is measured from property line to
property line for schools, and from front door to front door along the street front
property lines for churches and hospitals. The property is in compliance with this
requirement.
Master Plan. The Colleyville Master Plan designates the future use of this area for
retail and commercial land uses. The request is consistent with the goals and
objectives of the Master Plan.
Surrounding Land Uses and Zoning. The adjacent property to the south and west is
zoned PUD-C-Planned Unit Development-Commercial. The property is currently vacant,
and is part of the Heritage Farms assisted and independent living community. The
property to the immediate west is zoned CC-1-Village Retail and is developed for office
use. The properties to the north are zoned PUD-R-Planned Unit Development-
Residential, and are developed for single family residential uses. The property to the
east is zoned CN-Neighborhood Commercial, and is developed for general office use.
The City of Bedford is to the southeast of the site, and includes a single family
residential subdivision.
Public Notification. Staff notified 50 property owners and homeowner associations
within 500 feet of the subject property regarding this request. Notice was published in
the Fort Worth Star-Telegram as required by state law and the Land Development
Code. Staff has received one speaker card in favor of the request. The speaker is
within the 500 foot buffer area.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission recommended approval of this request at the April 14, 2014 meeting by a
vote of 5-0.
Summary. The proposed Special Use Permit would authorize the sale of alcoholic
beverages for on-premise consumption. The Special Use Permit shall automatically
expire upon the abandonment of the business, change in the use, a change in
ownership, or upon termination of the Certificate of Occupancy. The restaurant will be
required to meet the 60 percent food versus 40 percent maximum alcohol sales
requirement in the Code of Ordinances. The property satisfies the distance
requirements to churches, schools, and public hospitals.
City Council Agenda Briefing 5b
City of Colleyville Page 3
Financial Impact
There is no financial impact to the City.
Recommendation
Approval with the following conditions:
1. GENERAL
a. The Special Use Permit shall apply to the sale of alcoholic beverages for on-premise
consumption in conjunction with a restaurant use only.
b. The name of the business authorized for on-premise alcohol sales by this Special
Use Permit shall be called “Ana’s Mexican Grill” and shall not exceed 5,200 square feet.
c. The Special Use Permit shall automatically expire upon the abandonment of the
business, change in the use, a change in ownership, or upon the expiration, or
termination of the Certificate of Occupancy.
d. All requirements of the Land Development Code shall be met, except where
amended herein.
2. HOURS OF OPERATION
a. The hours of operation shall be as follows:
Sunday - Thursday: 11:00 a.m. - 10:00 p.m.
Friday – Saturday: 11:00 a.m. – 11:00 p.m.
Attachments
1.Location and Zoning Map
2.Aerial
3.Notification List
4.Buffer Map
5.Speaker Card from April 14, 2014
6.Statement of Planning Objectives
7.Site Plan
8.Ordinance O-14-1916
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SubjectProperty
Legend
500 ft buffer
AG Agricultural
CC-1 Village Retail
CC-2 Shopping Center
CC-3 Highway Commercial
CN Neighborhood Commercial
CP0 Professional Office
ML Light Manufacturing
PUD-C Planned Unit Development, Commercial
PUD-R Planned Unit Development, Residential
R-10 Single Family Residential (10,000 sq. ft. min)
R-15 Single Family Residential (15,000 sq. ft. min)
R-20 Single Family Residential (20,000 sq. ft. min)
R-30 Single Family Residential (30,000 sq. ft. min)
R-40 Single Family Residential (40,000 sq. ft. min)
R-MF Multi-Family Residential
RD Two Family Residential
RE Single Family 'Estate' Residential
City of HurstCity of Bedford
Location and Zoning Map
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City of Bedford
Aerial
Owner Name Owner Address Owner City Site Address
CCDCW LP 2800 E HIGHWAY 114 STE 300 ROANOKE TX 003804 BEDFORD CT
CCDCW LP 2800 E HIGHWAY 114 STE 300 ROANOKE TX 003810 BEDFORD CT
CCDCW LP 2800 E HIGHWAY 114 STE 300 ROANOKE TX 003900 BEDFORD CT
CCDCW LP 2800 E HIGHWAY 114 STE 300 ROANOKE TX 003817 BEDFORD CT
CCDCW LP 2800 E HIGHWAY 114 STE 300 ROANOKE TX 003716 BEDFORD CT
CCDCW LP 2800 E HIGHWAY 114 STE 300 ROANOKE TX 003810 BEDFORD CT
BAERG, HAROLD J ETUX KATHLEEN 3848 CAMPUS DR STE 112 NEWPORT BEACH CA 001101 CHEEK SPARGER RD
MYERS, DAVID W & MARY A REV TR 7017 OAK HILLS CT NORTH RICHLAND HILLS TX 001105 CHEEK SPARGER RD
MYERS, DAVID W & MARY A REV TR 7017 OAK HILLS CT NORTH RICHLAND HILLS TX 001109 CHEEK SPARGER RD
CCDCW LP 2800 E HIGHWAY 114 STE 300 ROANOKE TX 003916 WAYNE DR
BAERG, HAL 3848 CAMPUS DR STE 112 NEWPORT BEACH CA 001005 CHEEK SPARGER RD
BAERG, HAL 3848 CAMPUS DR STE 112 NEWPORT BEACH CA 001001 CHEEK SPARGER RD
CCDCW LP 2800 E HIGHWAY 114 STE 300 ROANOKE TX 003908 WAYNE DR
DAISY HILL ACADEMY LTD 919 CHEEK SPARGER RD COLLEYVILLE TX 000919 CHEEK SPARGER RD
CCDCW LP 2800 E HIGHWAY 114 STE 300 ROANOKE TX 003906 BEDFORD CT
CCDCW LP 2800 E HIGHWAY 114 STE 300 ROANOKE TX 003900 BEDFORD CT
CCDCW LP 2800 E HIGHWAY 114 STE 300 ROANOKE TX 003816 WAYNE DR
CCDCW LP 2800 E HIGHWAY 114 STE 300 ROANOKE TX 003808 WAYNE DR
KILE, DANIEL A ETUX SHIRLEY 3907 COPPERWOOD CT COLLEYVILLE TX 003907 COPPERWOOD CT
MONTALVO, RODNEY L ETUX MARIA 3903 COPPERWOOD CT COLLEYVILLE TX 003903 COPPERWOOD CT
PECHACEK, JOHN A ETUX EILEEN F 3905 COPPERWOOD CT COLLEYVILLE TX 003905 COPPERWOOD CT
RICHEY, RUTH JEAN MURRAY 3906 BUTLER CT COLLEYVILLE TX 003906 BUTLER CT
ABBOTT, RHONDA C 3904 BUTLER CT COLLEYVILLE TX 003904 BUTLER CT
FOREMAN, BARBARA R 4006 ELMWOOD CT COLLEYVILLE TX 004006 ELMWOOD CT
IOVINELLI, LUCI & ROBERT C 4006 PLANTATION CT COLLEYVILLE TX 004006 PLANTATION CT
WELCH, CHARLES LEE ETUX LORI L 4004 PLANTATION CT COLLEYVILLE TX 004004 PLANTATION CT
RHEE, UN YOUNG 4002 COPPERWOOD CT COLLEYVILLE TX 004002 COPPERWOOD CT
TIRHI, GHALEB ETUX LYNDA 4003 ELMWOOD CT COLLEYVILLE TX 004003 ELMWOOD CT
LINDSEY, CHARLES B JR 4002 ELMWOOD CT COLLEYVILLE TX 004002 ELMWOOD CT
EDWARDS, SHERIDAN B 4003 PLANTATION CT COLLEYVILLE TX 004003 PLANTATION CT
ANDREWS, MARY 4001 PLANTATION CT COLLEYVILLE TX 004001 PLANTATION CT
PURSLEY, TEX ETUX BARBARA 4000 ELMWOOD CT COLLEYVILLE TX 004000 ELMWOOD CT
RINGO, CASEY K ETVIR JOHN L 3906 ELMWOOD CT COLLEYVILLE TX 003906 ELMWOOD CT
ELKAN, BRYAN 4005 PLANTATION CT COLLEYVILLE TX 004005 PLANTATION CT
USREY, LEWIS B ETUX TAMMY R 4001 ELMWOOD CT COLLEYVILLE TX 004001 ELMWOOD CT
GRIFFITH, JAMES C ETUX CYNTHIA 4002 PLANTATION CT COLLEYVILLE TX 004002 PLANTATION CT
TORRES, NOLBERTO ETUX JOSEPHIN 3904 COPPERWOOD CT COLLEYVILLE TX 003904 COPPERWOOD CT
LANDRY, LLOYD M JR ETUX SANDRA 3900 COPPERWOOD CT COLLEYVILLE TX 003900 COPPERWOOD CT
OLDHAM, KEVIN R 3902 ELMWOOD CT COLLEYVILLE TX 003902 ELMWOOD CT
MCDOWELL, CHS A JR ETUX SHERRY 3902 COPPERWOOD CT COLLEYVILLE TX 003902 COPPERWOOD CT
HUGGINS, SAMUEL E 4000 PLANTATION CT COLLEYVILLE TX 004000 PLANTATION CT
CRAVER, PETE F III 3908 COPPERWOOD CT COLLEYVILLE TX 003908 COPPERWOOD CT
KENVIN, KEN M JR ETUX AMANDA J 3905 ELMWOOD CT COLLEYVILLE TX 003905 ELMWOOD CT
MILLER, RAY ETUX PATRICIA 3904 ELMWOOD CT COLLEYVILLE TX 003904 ELMWOOD CT
BYNO, THOMAS J ETUX NINA K 3906 COPPERWOOD CT COLLEYVILLE TX 003906 COPPERWOOD CT
PEYTON, JOHN ETUX GEORGE-ANNE 3902 BUTLER CT COLLEYVILLE TX 003902 BUTLER CT
COLLINS, STEPHEN B ETUX JANE 1009 INWOOD LN COLLEYVILLE TX 001009 INWOOD LN
JACKSON, WILLIAM D ETUX MELBA 1003 INWOOD LN COLLEYVILLE TX 001003 INWOOD LN
CHATELAIN, GARY M ETUX GLORIA 1007 INWOOD LN COLLEYVILLE TX 001007 INWOOD LN
ALLRED, SHANE ETUX KELLY 1005 INWOOD LN COLLEYVILLE TX 001005 INWOOD LN
Hurst-Euless-Bedford ISD
City of Bedford
Tara Neighborhood Association
Saddlebrook Addition HOA
Notification List
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3808
1105
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1212
1005
3817
3906
907
3716
4006
3908
40011005
4006
3905
3903
902
4004
3908
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4005
4003
903
3904
4001
1109
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904
3708
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SubjectProperty
Legend
500 ft buffer
Properties within 500 ft buffer
Buffer Map
Speaker Card from April 14, 2014
Statement of Planning Objectives
Statement of Planning Objectives
Statement of Planning Objectives
Statement of Planning Objectives
Statement of Planning Objectives
Statement of Planning Objectives
Statement of Planning Objectives
Site Plan
ORDINANCE O-14-1916
AMENDING THE ZONING ORDINANCE AND THE OFFICIAL ZONING
MAP BY CHANGING THE ZONING ON LOT 3, BLOCK, 1 OF THE TARA
ADDITION, LOCATED AT 1009 CHEEK-SPARGER ROAD, SUITE 122A,
BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF
ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION;
PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of Colleyville has received an application for on-
premise consumption of alcohol under Case No. ZC14-003; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to enact a new zoning ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning
Commission to recommend the boundaries of the various
original zoning districts and appropriate regulations be enforced
therein and to recommend a new zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into
districts and has prepared regulations pertaining to such
districts in accordance with a comprehensive plan and designed
to lessen congestion in the streets; to secure safety from fire,
panic, and other dangers; to promote health, general welfare;
to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water,
sewerage, schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration to, among other things, the character of the
districts and their peculiar suitability for particular uses, with a
view to conserving the value of buildings and encouraging the
most appropriate use of land throughout the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville
and the City of Colleyville City Council, in compliance with the
Charter of the City of Colleyville, and State Law with reference
to changes to zoning classifications under the Zoning Ordinance
Regulations and Zoning Map, having given the requisite notices
by publication and otherwise, and after holding due hearings
Ordinance O-14-1916
Page 2 of 4
and affording a full and fair hearing to all the property owners
generally, and to the persons interested and situated in the
affected area and in the vicinity thereof, the governing body of
the City of Colleyville is of the opinion that said change in
zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true
and correct and are incorporated into the body of this ordinance
as if copied in their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
changing the zoning on Lot 3, Block 1, of the Tara Addition,
located at 1009 Cheek-Sparger Road, Suite 122A, by authorizing
a Special Use Permit for the sale of alcoholic beverages for on-
premise consumption, as depicted on Exhibit “A” and Exhibit “B”.
Sec. 3. THAT the above described tract of land shall be used only in the
manner and for the purposes provided by the Comprehensive
Zoning Ordinance of the City of Colleyville as heretofore
amended, and as amended herein.
Sec. 4. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The Special Use Permit shall apply to the sale of alcoholic
beverages for on-premise consumption in conjunction with a
restaurant use only.
b. The name of the business authorized for on-premise alcohol
sales by this Special Use Permit shall be called “Ana’s Mexican
Grill” and shall not exceed 5,200 square feet.
c. The Special Use Permit shall automatically expire upon the
abandonment of the business, change in the use, a change in
ownership or upon the expiration or termination of the
Certificate of Occupancy.
d. All requirements of the Land Development Code shall be met,
Ordinance O-14-1916
Page 3 of 4
except where amended herein.
2. HOURS OF OPERATION
a. The hours of operation shall be as follows:
Sunday - Thursday: 11:00 a.m. - 10:00 p.m.
Friday – Saturday: 11:00 a.m. – 11:00 p.m.
Sec. 5. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the same
penalty as provided for in the Comprehensive Zoning Ordinance
of the City of Colleyville, and upon conviction shall be punishable
by a fine not to exceed the sum of Two Thousand Dollars
($2,000.00) for each offense.
Sec. 6. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to permit
its proper development and in order to protect the public
interest, comfort and general welfare, and requires that this
ordinance shall take effect immediately from and after its
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 6th day of May
2014.
The second reading and public hearing being conducted on the 13th day of
May 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the ________ day of _________________________ 2014.
ATTEST: CITY OF COLLEYVILLE
Amy Shelly, TRMC David Kelly
City Secretary Mayor
Ordinance O-14-1916
Page 4 of 4
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit “A” – Location and Zoning Map
Exhibit “B” – Site Plan
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 5c Agenda Date 05/06/2014 Number Ordinance O-14-1917
Type Ordinance
Department Community Development
Title
Consideration of a request for an amendment to the Special Use Permit for a Package
Store development requirements for Lot 1, Block 1, Atlantic Oil and Gas Addition,
located at 7990 Precinct Line Road, Case ZC14-005
Explanation
First Reading and Public Hearing
Charanjit Singh with Naggi Corporation, the applicant on behalf of Victron Stores, L.P.,
has submitted a request to amend an existing Special Use Permit (SUP) for a Package
Store due to a tenant/operator change. The package store is located at 7990 Precinct
Line Road, and is called Tri-City Spirits. The name will not change. The package store
contains 1,108 square feet of a 3,554 square foot building, the remainder of which
contains a convenience store.
Current Zoning. The subject property is zoned PUD-C-Planned Unit Development-
Commercial district. The PUD-C Ordinance, O-96-1053 (attached), specifies uses that
are allowed in the CC-1-Village Retail zoning district for this site. Package store sales
for off-premises consumption is allowed in the CC-1-Village Retail district with the
approval of a SUP. The package store SUP was approved on November 16, 2010 by
Ordinance O-10-1782 (attached).
Applicant's Request. This amendment to the SUP will allow package store sales for
off-premises consumption under a new Certificate of Occupancy by changing the
tenant/operator from Amer Fakri to Charanjit Singh. This amendment is due to
Ordinance O-10-1782, Section 4.1.h., "The Special Use Permit shall automatically
expire upon the abandonment of the business, change in the use, a change in the
ownership, or upon the expiration or termination of the Certificate of Occupancy." The
property owner will remain Victron Stores, L.P.
The amendment will also include the attachment titled “Crime Prevention
Recommendations for Convenience Stores and Package Stores” as it was inadvertently
omitted from Ordinance O-10-1782. This attachment is included in all SUP for package
store requests approved to date.
Required Distance Measurements and Findings. Section Six-Alcoholic Beverage
Regulations of the Code of Ordinances requires a minimum distance of 300 feet
between any establishment that sells alcoholic beverages and a church, public or
City Council Agenda Briefing 5c
City of Colleyville Page 2
private school, or hospital. The measurement distance must be calculated from closest
front door to closest front door for churches and hospitals and from closest property
line to closest property line for public or private schools. The proposed request
complies with the distance requirements.
Adjacent Zoning and Land Uses. Properties to the east are zoned PUD-R-Planned
Unit Development-Residential, and are currently vacant. The property to the
immediate south is zoned PUD-C-Planned Unit Development-Commercial for CC-1-
Village Retail uses, and is currently vacant. The properties to the west of Precinct Line
Road are in the City of North Richland Hills. Properties to the north are zoned PUD-C-
Planned Unit Development-Commercial, and are currently vacant. These parcels allow
a combination of CC-1-Village Retail and CC-2-Shopping Center district uses. To the
northeast of the site is the Emerald Park subdivision, zoned PUD-R-Planned Unit
Development-Residential.
Public Notification. Staff notified 18 property owners and homeowner associations
within 500 feet of the subject property regarding this request. Notice was published in
the Fort Worth Star-Telegram as required by state law and the Land Development
Code. Staff has not received any correspondence regarding this request.
Planning and Zoning Commission Recommendation. The Planning and Zoning
Commission recommended approval of this request as outlined in the proposed
ordinance at the April 14, 2014 meeting by a vote of 5-0.
Summary. This property has previously operated as a package store with off-premises
consumption, and still meets required distance measurements and findings. The
amendments to the SUP will allow a change in the Certificate of Occupancy, and add
the attachment titled “Crime Prevention Recommendations for Convenience Stores and
Package Stores” to the ordinance.
Financial Impact
There is no financial impact to the City.
Recommendation
Approval with the following conditions:
(1) Per the requirements of Section 4.1.hin Ordinance O-10-1782, a change to the
Certificate of Occupancy is hereby approved such that the operator is changed to
“Charanjit Singh” from “Amer Fakri”.
(2) Ordinance O-10-1782 hereby remains valid and has not expired and all provisions
of Ordinance O-10-1782 shall remain in full force and effect except where amended
herein.
(3) The package store authorized by this SUP and Ordinance O-10-1782 shall comply
City Council Agenda Briefing 5c
City of Colleyville Page 3
with the provisions of Exhibit “A”.
(4) This Special Use Permit shall automatically expire upon the abandonment of the
business, change in the use, a change in ownership, or upon the expiration,n or
termination of the certificate of occupancy.
Attachments
1.Location and Zoning Map
2.Aerial
3.Buffer Map
4.Notification List
5.Letter from Victron
6.Ordinance O-96-1053
7.Ordinance O-10-1782
8.Ordinance O-14-1917
W L D LOCKETT RD
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SubjectProperty
Legend
500 ft buffer
AG Agricultural
CC-1 Village Retail
CC-2 Shopping Center
CC-3 Highway Commercial
CN Neighborhood Commercial
CP0 Professional Office
ML Light Manufacturing
PUD-C Planned Unit Development, Commercial
PUD-R Planned Unit Development, Residential
R-10 Single Family Residential (10,000 sq. ft. min)
R-15 Single Family Residential (15,000 sq. ft. min)
R-20 Single Family Residential (20,000 sq. ft. min)
R-30 Single Family Residential (30,000 sq. ft. min)
R-40 Single Family Residential (40,000 sq. ft. min)
R-MF Multi-Family Residential
RD Two Family Residential
RE Single Family 'Estate' Residential
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Location and Zoning Map
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SubjectProperty
Legend
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Aerial
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SubjectProperty
Legend
500 ft buffer
Properties within 500 ft buffer
City Limit Boundary
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Buffer Map
Owner Name Owner Address Owner CityOwner StateOwner ZipSitus Address
VICTRON STORES LP PO BOX 2599 WAXAHACHIE TX TX75168007990 PRECINCT LINE RD
EMERALD PARK H A INC 400 COUNTRY PL COLLEYVILLE TX76034 005801 CRESCENT LN
GANDY, R CRAIG 1117 W LD LOCKETT RDCOLLEYVILLE TX76034 001117 W L D LOCKETT RD
HERRON, MARK D ETUX BLISS A 1500 BLUEBONNET DRFORT WORTH TX76111001201 W L D LOCKETT RD
MARKHAM, DIAN L ETAL 5000 GADSDEN AVE FORT WORTH TX76244 008000 PRECINCT LINE RD
HERRON, MARK ETUX BLISS 1500 BLUEBONNET DRFORT WORTH TX76111001121 W L D LOCKETT RD
BEAR VALLEY COMMUNITY CHURCH7900 PRECINCT LINE RD COLLEYVILLE TX76034 007900 PRECINCT LINE RD
PURVIS, CONRAD J ETUX BRENDA J5828 STERLING DR COLLEYVILLE TX76034 005828 STERLING DR
VARGHESE, GEORGE ETUX V 5824 STERLING DR COLLEYVILLE TX76034 005824 STERLING DR
SIRISAKD, NED ETUX KEODARA 5816 STERLING DR COLLEYVILLE TX76034 005816 STERLING DR
GIEBLER, TERRY L 5820 STERLING DR COLLEYVILLE TX76034 005820 STERLING DR
KIM, TAE WOO ETUX HYO J K H5804 STERLING DR COLLEYVILLE TX76034 005804 STERLING DR
VORA, JAY ETUX RENU 5808 STERLING DR COLLEYVILLE TX76034 005808 STERLING DR
KUO, MAN‐LI ETVIR L FIORELLO5812 STERLING DR COLLEYVILLE TX76034 005812 STERLING DR
ATLANTIC OIL & GAS INC 2220 MARSH LN STE 109 CARROLLTON TX75006007970 PRECINCT LINE RD
Keller ISD 350 KELLER PARKWAY KELLER TX76248Courtesy Notice
City of Keller PO BOX 770 KELLER TX76244 Courtesy Notice
CITY OF NORTH RICHLAND HILLS 7301 NE LOOP 820 NORTH RICHLAND HILLSTX76180Courtesy Notice
EMERALD PARK H A INC 5837 CRESECENT COLLEYVILLE TX76034 Courtesy Notice
CHARANJIT SINGH, APPLICANT 7056 WELSHMAN DRIVEFORT WORTH TX76137APPLICANT
Public hearing notices were mailed
Thurs., April 3, 2014 by Taci Wrisley
Notification List
Letter From Victron
ORDINANCE 0-10-1782
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE !
OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 1, BLOCK 1, OF
THE ATLANTIC OIL AND GAS ADDITICJN LOCATED AT 7990 PRECINCT LINE ~
ROAD BY AUTHORIZING A SPECIAL USE PERMIT FOR A PACKAGE STORE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF;'I
PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT ~
TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE; AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Colleyville has received an application for rezoning under Case
No. ZC10-026; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the
health, safety, morals, or general welfare of the City to enact a new zoning
ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning Commission to
recommend the boundaries of the various original zoning districts and
appropriate regulations be enforced therein and to recommend a new
zoning ordinance; and
WHEREAS, the Planning and Zoning Commission has divided the City into districts
and has prepared regulations pertaining to such districts in accordance
with a comprehensive plan and designed to lessen congestion in the
streets; to secure safety from fire, panic, and other dangers; to promote
health, general welfare; to provide adequate light and air; to prevent the
overcrowding of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water, sewerage,
schools, parks, and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable consideration !
to, among other things, the character of the districts and their peculiar'',~
suitability for particular uses, with a view to conserving the value of'
buildings and encouraging the most appropriate use of land throughout
the City; and ',
WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City
of Colleyville City Council, in compliance with the Charter of the City of
Colleyville, and State Law with reference to changes to zoning
classifications under the Zoning Ordinance Regulations and Zoning Map,
having given the requisite notices by publication and otherwise, and after
holding due hearings and affording a full and fair hearing to all the
property owners generally, and to the persons interested and situated in
the affected area and in the vicinity thereof, the governing body of the City
of Colleyville is of the opinion that said change in zoning should be made.
Ordinance 0-10-1782
Page 2 of 4
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be true and
correct and are incorporated into the body of this ordinance as if copied in
their entirety.
Sec.2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,
Texas, be, and the same is hereby amended by amending the official
I zoning map by authorizing a Special Use Permit for a package store on Lot
1, Block 1, of the Atlantic Oil and Gas Addition located at 7990 Precinct
Line Road, as depicted on Exhibit "A".
Sec. 3. THAT the above described tract of land shall be used only in the manner
and for the purposes provided by the Comprehensive Zoning Ordinance of
the City of Colleyville as heretofore amended, and as amended herein.
Sec. 4. THAT the above described tract of land shall be subject to the following
conditions:
1. GENERAL
a. This Special Use Permit shall only apply to the use of a package store
as depicted on Exhibit "A" and described and shown in Exhibit "B"'
Exhibit "C'. '
b. The package store authorized by this Special Use Permit shall not .
exceed 1,108 square feet in size.
c. The business name for this package store shall be "Tri-City Spirits".
d. All signs advertising the package store shall meet the following
conditions: (1) all signage, including existing signage, shall, at a I
minimum, meet the minimum requirements of Chapter 7-Sign
Regulations in the Land Development Code; (2) Section 108.52 of the '
Texas Alcoholic Beverage Code is hereby adopted by reference of ',
which all requirements pertaining to signage shall apply to this Special
Use Permit; (3) Upon abandonment of the business authorized by this '
Special Use Permit, all signage advertising the package store shall be
removed in its entirety at the expense of the business and/or property
owner within thirty (30) days of abandonment.
e. All landscaping shall meet the minimum requirements of Chapter 4-
Landscaping and Buffering in the Land Development Code prior to the
Exhibit "B" - Statement of Planning Objectives
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e~~-,~~en1k1'~'+~-n~~a~~ s~hed~1~ ~'~r k~u~in~~~:
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ub~ic h~rri~~s ~nd site and build3ng p~~r~ r~vi~~s. ~! ~i{l ~~~ cc~nstructi+un gerec~d is
rt~icip~~~d. T6e s~ibject #~c~tica~ i~ ~~rt ~t's~n exisii~~ ~ir~~c~~re, ~hich c~i111~a~r ~'r~
renr~~~ted, ir~c[~din~; th~e i~st~~~~tic~r~ taf ~ rle~a~in~ ~t~~l ~~~we~n th~ €c-r~v+enien~ce
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E:~i~tr~~t~d a~~r~i~tg ti~#e i~ ~~r~h ~f 2tl~ ~,
err~ti~ns P'I~~as.
hc~~zrs a~ c~pera~ion xwi[l b~ eon~x~t~ent wit~ t~+~~+~ ~Itt~~v~cl b~~ th+~ Texas Atcah~li~:
er~~e +~~a~~~ssion. Ft~r a~~~~t~g~t~ 9t+Dr~, Or ~' P~rrs~A~', #'h~ hours ~f oper~tit~an
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n~l+~~y~es t~s wark at th~e facilit~,
rk~~c~~ F"I~r~~
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ti~s~t ,~~ r~~ili ~ai~ bus~ncss frr~~n p~ar~s~ ~f ~~t~u~;~, ~ur~t, ~~~f~rd and e~en ~e~+e~.
urtl~er, ~'r~~inct Liz~~ c~rri~s ~rau~~ ,~~t,t~{~~} r~~hi~le~ ~er day, ~r~~n~i~~ a
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ORDINANCE O-14-1917
AMENDING ORDINANCE O-10-1782 CONDITIONS; PROVIDING A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City Council approved Ordinance O-10-1782 on November
16, 2010, authorizing a package store on Lot 1, Block 1, of the
Atlantic Oil and Gas Addition located at 7990 Precinct Line Road
under zoning case ZC10-026; and
WHEREAS, the applicant has requested an amendment to Ordinance O-10-
1782 by allowing a change to the Certificate of Occupancy
allowing a new operator; and
WHEREAS, the City of Colleyville deems it necessary, for the purpose of
promoting the health, safety, morals, or general welfare of the
City to enact a new zoning ordinance; and
WHEREAS, the City Council has appointed a Planning and Zoning
Commission to recommend the boundaries of the various
original zoning districts and appropriate regulations be
enforced therein and to recommend a new zoning ordinance;
and
WHEREAS, the Planning and Zoning Commission has divided the City into
districts and has prepared regulations pertaining to such
districts in accordance with a comprehensive plan designed to
lessen congestion in the streets; to secure safety from fire,
panic, and other dangers; to promote health, general welfare;
to provide adequate light and air; to prevent the overcrowding
of land; to avoid undue concentration of population; to
facilitate the adequate provision of transportation, water,
sewerage, schools, parks and other public requirements; and
WHEREAS, the Planning and Zoning Commission, has given reasonable
consideration, among other things, to the character of the
districts and their peculiar suitability for particular uses, with a
view to conserving the value of buildings and encouraging the
most appropriate use of land throughout the City; and
WHEREAS, the Planning and Zoning Commission of the City of Colleyville
and the City of Colleyville City Council, in compliance with the
Charter of the City of Colleyville, and state law with reference
Ordinance O-14-1917
Page 2 of 4
to changes to zoning classifications under the Zoning Ordinance
Regulations and Zoning Map, having given the requisite notices
by publication and otherwise, and after holding due hearings
and affording a full and fair hearing to all the property owners
generally, and to the persons interested and situated in the
affected area and in the vicinity thereof, the governing body of
the City of Colleyville is of the opinion that said change in
zoning should be made.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT all the foregoing premises and findings are found to be
true and correct and are incorporated into the body of this
ordinance as if copied in their entirety.
Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of
Colleyville, Texas, be, and the same is hereby amended by
amending Ordinance O-10-1782.
Sec. 3. THAT the Official Zoning Map of the City of Colleyville be
amended to incorporate the zoning change approved herein.
Sec. 4. THAT the above described tract of land shall be subject to the
following conditions:
1. GENERAL
a. The following amendments to Ordinance O-10-1782 are
hereby authorized:
(1) Per the requirements of Section 4.1.h of Ordinance O-
10-1782, a change to the Certificate of Occupancy is
hereby approved such that the operator is changed to
“Charanjit Singh” from “Amer Fakri”.
(2) Ordinance O-10-1782 hereby remains valid and has not
expired, and all provisions of Ordinance O-10-1782 shall
remain in full force and effect except where amended
herein.
(3) The package store authorized by this SUP and Ordinance
Ordinance O-14-1917
Page 3 of 4
O-10-1782 shall comply with the provisions of Exhibit
“A”.
(4) This Special Use Permit shall automatically expire upon
the abandonment of the business, change in the use, a
change in ownership, or upon the expiration, or
termination of the certificate of occupancy.
Sec. 5. THAT the above described tract of land shall be used only in
the manner and for the purposes provided by the
Comprehensive Zoning Ordinance of the City of Colleyville as
heretofore amended, and as amended herein.
Sec. 6. THAT any person, firm or corporation violating any of the
provisions or terms of this ordinance shall be subject to the
same penalty as provided for in the Comprehensive Zoning
Ordinance of the City of Colleyville, and upon conviction shall
be punishable by a fine not to exceed the sum of Two
Thousand Dollars ($2,000.00) for each offense.
Sec. 7. THAT it has been found that there has been a change in
conditions in the above described property, it is now necessary
that it be given the above zoning classification in order to
permit its proper development and in order to protect the
public interest, comfort, and general welfare, and requires
that this ordinance shall take effect immediately from and
after its passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 6th day of May
2014.
The second reading and public hearing being conducted on the 13th day of
May 2014.
PASSED AND APPROVED by the City Council of the City of Colleyville, Texas,
on this the ________ day of _________________________ 2014.
Ordinance O-14-1917
Page 4 of 4
ATTEST: CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matthew C. G. Boyle
City Attorney
Exhibit “A”
CRIME PREVENTION RECOMMENDATIONS FOR
CONVENIENCE STORES AND PACKAGE STORES
Purpose
The purpose of these recommendations are to protect the health, safety, and welfare of
the citizens of the City of Colleyville by reducing the occurrence of crime, preventing the
escalation of crime, and increasing the successful prosecution of crime that may occur
in a convenience store or package store in the City. To this end, these
recommendations address best practices in crime prevention through environmental
design including height markers, visibility into and around the business, alarm systems,
physical security, drop safes, surveillance camera systems, and minimum staffing
requirements.
Definitions
Unless otherwise expressly stated, the following terms shall, for the purposes of these
recommendations, have the meanings indicated in this section:
“Convenience Store” means an establishment designed, intended, adapted or used
primarily to provide for consumer shopping of a brief duration, characterized by a limited
product mix (generally emphasizing prepared and snack foods, beverages, tobacco
products or gasoline/motor vehicle fuel), close-in parking, and limited retail space.
“Drop Safe” means a cash management device in which money can be deposited
without the depositor having access to the contents.
“Employee” means any person listed on the payroll of a convenience store or package
store as an employee, whether part-time, full-time, permanent, or temporary. The term
does not include a person providing only janitorial or security services to the store.
“Height Marker” means a measuring strip that is attached on or near the door frame of
doors used for ingress and egress to the store to aid in identifying the height of a person
suspected of committing a crime.
“Package Store” means a retail establishment that sells “liquor”, as defined by the
Texas Alcoholic Beverage Commission, to the public for the purpose of off-premise
consumption.
“Manager” means the person designated as the supervisor or person in charge of the
operations of the store.
“Owner” means the person or persons who hold title to, leases or has a possessory
interest in property for the purpose of operating a convenience/package store.
Height strips
A convenience/package store shall have height strips posted at all public exits to aid in
obtaining a physical description on any suspicious person or suspect in a criminal
offense.
Visibility
A) A convenience/package store shall maintain an unobstructed line of sight
allowing a clear view of and from the cash register and sales transaction area
through all windows and public access doors. Such windows and doors must be
clear of all items that would obstruct a clear view including, but not limited to,
tinting, signage, advertisements, shelving, and merchandise. Such unobstructed
line of sight must, at a minimum, extend from three feet above the ground to at
least six feet above the ground.
B) Landscaping shall be maintained in a manner that allows an unobstructed view of
all windows and doors in an attempt to prevent blind spots or places of
concealment.
Alarm system
A) A convenience/package store shall have a silent panic or holdup alarm system
for which a permit has been issued by the City. This system shall, at a
minimum, include a panic button located within reach of the cash register and
out of view of the customer. Such panic button will generate an alarm signal
indicating a holdup or other life-threatening emergency requiring a police
department response.
B) A convenience/package store shall have posted at all public exits and entrances
signs or decals indicating that a security alarm system is in use.
Entrances and Exits
A) All doorways shall be secured with a deadbolt lock. Deadbolt locks within 40
inches of a breakable surface must be a double cylinder lock.
B) Service or delivery entrances shall be equipped with an exterior, high resolution
digital video camera or a “peep hole”, which enables employees to visually
observe the area immediately outside the door.
Drop safe
A) A convenience/package store shall have a drop safe on the premises to keep the
amount of cash available to employees to a minimum. A drop safe must be
bolted to the floor and may have a time-delay mechanism to allow small amounts
of change to be removed.
B) A convenience/package store shall have a written cash accountability policy
mandating the maximum amounts of cash that can be kept in cash registers.
C) A convenience/package store shall have posted, at or near the point(s) of sale,
decals or signs indicating that employees cannot open the safe and that
employees have minimum cash on hand.
Surveillance camera system
A) A convenience/package store shall have a minimum of two, color digital high-
resolution surveillance cameras. One camera must have an overall view of the
counter/register area and the other camera a view of the main entrance/exit area
and both shall display the correct date and time of the recording.
B) The entrance/exit area camera shall be placed to provide a clear and identifiable
full frame of the filmed individual's face.
C) The cameras shall be operated at all times including hours when the store is not
open for business.
D) The owner or manager shall provide the police department, upon request, digital
color images in connection with any criminal investigation.
E) The owner or manager shall maintain a library of the recorded digital images for
not less than 30 days.
F) A convenience/package store shall have posted, at or near the point(s) of sale,
signs or decals indicating that surveillance cameras are in use.
Minimum Staffing
(A) A convenience/package store will maintain a minimum staffing of at least two (2)
employees on-site at all times when the business is open.
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 6a Agenda Date 05/06/2014 Number Resolution R-14-3745
Type Resolution
Department City Manager
Title
Denial of the rate increase requested by Atmos Energy Corp., Mid-Tex
Division under the Company's 2014 Annual Rate Review Mechanism filing as the
requested increase exceeds levels deemed justifiable by the Atmos Cities Steering
Committee
Explanation
Reading and Public Hearing
The City of Colleyville, along with approximately 164 other cities served by Atmos
Energy Mid-Tex Division (“Atmos Mid-Tex” or “Company”), is a member of the Atmos
Cities Steering Committee (“ACSC”). On or about February 28, 2014, Atmos Mid-Tex
filed with the City an application to increase natural gas rates pursuant to the Rate
tariff renewed by the City on June 18, 2013 (attached Ordinance O-13-1878) as a
continuation and refinement of the previous RRM (Rate Review Mechanism) rate review
process. This is the second annual RRM filing under the renewed RRM tariff.
The 2014 Atmos Mid-Tex RRM filing sought a $45.7 million rate increase system-wide
based on an alleged test-year cost of service revenue deficiency of $49
million. Consultants working on behalf of ACSC cities have investigated the Company’s
requested rate increase and analyzed the schedules and evidence offered by Atmos
Mid-Tex to support its request to increase rates. While the evidence does not support
the $45.7 million increase requested by the Company, ACSC’s consultants agree that
the Company can justify an increase in revenues of a much lesser amount—namely, an
increase of only $19 million. The Executive Committee authorized a settlement value
considerably above the consultants’ recommendation but it was insufficient to meet the
Company’s expectation. Although a good faith attempt was made by ACSC to reach a
compromise with Atmos Mid-Tex, an agreement was not reached. The Company and
ACSC cities were too far apart in their positions to reach a compromise, and rather
than granting a partial increase that the Company will not accept, the option remaining
is to deny the rate increase request in its entirety, and participate in the Company’s
appeal of this decision at the Railroad Commission. Approval of the attached
resolution is required to deny the rate increase request.
RRM Background
The RRM tariff was originally approved by ACSC cities as part of the settlement
agreement to resolve the Atmos Mid-Tex 2007 system-wide rate filing at the Railroad
City Council Agenda Briefing 6a
City of Colleyville Page 2
Commission. The RRM tariff and the process implementing that tariff were created
collaboratively by ACSC and Atmos Mid-Tex as an alternative to the legislatively-
authorized Gas Reliability Infrastructure Program ("GRIP") surcharge process. ACSC
has opposed GRIP because it constitutes piecemeal ratemaking, does not allow any
review of the reasonableness of Atmos' expenditures, and does not allow participation
by the cities or recovery of cities' rate case expenses. In contrast, the RRM process
has allowed for a more comprehensive rate review and annual adjustment as a
substitute for GRIP filings. In June 2013, the City adopted a renewed RRM tariff for an
additional five years.
This is the second RRM filing under the renewed tariff. This filing was made by
agreement less than one year after the first filing in order for the RRM rate-setting
process to hereafter use a calendar year as the test period. In past years, cities have
been able to reach a compromise with Atmos to reduce the rate impact from the
requested RRM increases, and these compromises have also been lower than the rates
that Atmos would have been entitled to under a GRIP filing. In this case, the Company
would have been entitled to an increase from GRIP of no more than $31.5 million. The
magnitude of the requested increase under the 2014 RRM filing, and the wide
differences between it and the ACSC recommendations made a compromise much
more difficult and ultimately impossible. The Company demanded more than it would
be entitled to if it had filed a GRIP case. For this reason, the ACSC Executive
Committee and ACSC legal counsel recommend that all ACSC cities adopt the
Resolution denying the requested rate change.
Purpose and Impact of the Resolution
Rates cannot change without the adoption of rate ordinances by cities. The purpose of
the Resolution is to deny the rate increase requested by Atmos. Under the RRM tariff,
Atmos may appeal the rate decision of the cities to the Railroad Commission; such
appeal must be filed within thirty (30) days of city action.
The RRM tariff also allows Atmos to implement its requested rates effective June 1
while any appeal at the Commission is pending, subject to refunds based upon the
outcome of the appeal. This would represent a total monthly increase of
approximately $2.02 for the average residential customer, subject to any refund if the
Commission reduces the rates implemented by Atmos. The actual impact will be
slightly less than $2.02 for most residential customers because the Company has
indicated it will concede several of the issues raised by the ACSC, and not appeal those
particular issues. The RRM tariff constrains the annual increase in the residential
customer charge to no more than $0.50. The current $17.70 customer charge will be
increased to $18.22 per month with the addition of an energy conservation program
surcharge of $0.02. The balance of the increase for residential customers will be in the
commodity charge, which will result in different increases based on usage. Again, the
average residential customer will experience an increase of $2.02 per month.
City Council Agenda Briefing 6a
City of Colleyville Page 3
The Resolution also authorizes the City to participate as a party to the appeal in
conjunction with the ACSC, and requires the Company to reimburse the City for its rate
case expenses associated with the City's review of the RRM filing, and with the appeal
of the City's denial of the rate increase.
Financial Impact
Approval of the proposed resolution denying the rate increases requested by Atmos is
expected to increase the average residential customer’s bill by approximately $2.02
per month. The RRM tariff allows Atmos to implement its requested rates effective
June 1 while any appeal at the Commission is pending, subject to refunds based upon
the outcome of the appeal.
Recommendation
Approve
Attachments
1.Ordinance O-13-1878
2.Resolution R-14-3745
ORDINANCE 0-13-1878
AN ORDINANCE APPROVING AND ADOPTING RATE SCHEDULE "RRM
RATE REVIEW MECHANISM" FOR ATMOS ENERGY CORPORATION,
MID-TEX DIVISION TO BE IN FORCE IN THE CITY FOR A PERIOD OF
TIME AS SPECIFIED IN THE RATE SCHEDULE; ADOPTING A SAVINGS
CLAUSE, DECLARING AN EFFECTIVE DATE, AND REQUIRING
DELIVERY OF THIS ORDINANCE TO THE COMPANY AND ACSC LEGAL
COUNSEL
WHEREAS, the City of Colleyville, Texas ("City") is a gas utility customer of
Atmos Energy Corp., Mid-Tex Division ("Atmos Mid-Tex" or "the
Company"), and a regulatory authority with an interest in the
rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee
ACSC"), a coalition of cities, most of whom retain original
jurisdiction over the rates and services of Atmos Mid-Tex; and
WHEREAS, in 2007 ACSC member cities and Atmos Mid-Tex collaboratively
developed the Rate Review Mechanism ("RRM") Tariff that
allows for an expedited rate review process controlled by cities
as a substitute for the legislatively-constructed Gas Reliability
Infrastructure Program ("GRIP"); and
WHEREAS, the GRIP mechanism does not permit the City to review rate
increases, and constitutes piecemeal ratemaking; and
WHEREAS, the RRM process permits City review of requested rate
increases and provides for a holistic review of the true cost of
service for Atmos Mid-Tex; and
WHEREAS, the initial RRM tariff expired in 2011; and
WHEREAS, ACSC's representatives have worked with Atmos Mid-Tex to
negotiate a renewal of the RRM process that avoids litigation
and Railroad Commission filings; and
WHEREAS, the ACSC's Executive Committee and ACSC's legal counsel
recommend ACSC members approve the negotiated new RRM
tariff; and
WHEREAS, the attached Attachement "A", Rate Schedule "RRM - Rate
Review Mechanism" ("RRM Tariff") provides for a reasonable
Ordinance 0-13-1878
Page 2 of 3
expedited rate review process that is a substitute for, and is
superior to, the statutory GRIP process; and
WHEREAS, the expedited rate review process as provided by the RRM
Tariff avoids piecemeal ratemaking; and
WHEREAS, the RRM tariff reflects the ratemaking standards and
methodologies authorized by the Railroad Commission in the
most recent Atmos Mid-Tex rate case, G.U.D. No. 10170; and
WHEREAS, the RRM Tariff provides for an annual reduction in Atmos Mid-
Tex's requested rate increase of at least $3 million; and
WHEREAS, the RRM Tariff provides for a lower customer charge than if
Atmos Mid-Tex pursued GRIP filings; and
WHEREAS, the attached RRM Tariff as a whole is in the public interest.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the findings set forth in this Ordinance are hereby, in all
things approved.
Sec. 2. THAT the City Council finds that the RRM Tariff, which is
attached hereto and incorporated herein as Attachment "A", is
reasonable and in the public interest, and is hereby in force
and effect in the City.
Sec. 3. THAT to the extent any Resolution or Ordinance previously
adopted by the City Council is inconsistent with this Ordinance,
it is hereby repealed.
Sec. 4. THAT the meeting at which this Ordinance was approved was in
all things conducted in strict compliance with the Texas Open
Meetings Act, Texas Government Code, Chapter 551.
Sec. 5. THAT if any one or more sections or clauses of this Ordinance is
judged to be unconstitutional or invalid, such judgment shall
not affect, impair or invalidate the remaining provisions of this
Ordinance and the remaining provisions of the Ordinance shall
be interpreted as if the offending section or clause never
existed.
Ordinance 0-13-1878
Page 3 of 3
Sec. 6. THAT this Ordinance shall become effective from and after its
passage.
Sec. 7. THAT a copy of this Ordinance shall be sent to Atmos Mid-Tex,
care of Christopher Felan, Vice President of Rates and
Regulatory Affairs for Atmos Mid-Tex Division, Atmos Energy
Corporation, 5420 LBJ Freeway, Suite 1600, Dallas, Texas
75240, and to Geoffrey Gay, General Counsel to ACSC, at Lloyd
Gosselink, Rochelle & Townsend, P.C., 816 Congress Avenue,
Suite 1900, Austin, Texas 78701.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 4th day of June
2013.
The second reading and public hearing being conducted on the 18th day of
June 2013.
PASSED AND A ••ROVED by the City Council of the City of Colleyville, Texas,
on this the day of Jc. -) 2013.
ATTEST:CITY OF COLLEYVILLE
IV Lb
A 7.
helleg
David Kelly
City Secretary Mayor
APPROVED AS TO FORM AND LEGALITY:
Matt ey C. G. Boyle
City Attorney
ATTACHMENT "A"
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE: RRM—Rate Review Mechanism
APPLICABLE TO:
ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 1 OF 6
I. Applicability
Applicable to Residential, Commercial, Industrial, and Transportation tariff customers in
the Mid-Tex Division of Atmos Energy Corporation ("Company") except such customers
within the City of Dallas. This Rate Review Mechanism ("RRM") provides for an annual
adjustment to the Company's Rate Schedules R, C, I and T ("Applicable Rate
Schedules"). Rate calculations and adjustments required by this tariff shall be
determined on a System-Wide cost basis.
II. Definitions
Test Period" is defined as the twelve months ending December 31 of each preceding
calendar year.
The "Effective Date" is the date that adjustments required by this tariff are applied to
customer bills. The annual Effective Date is June 1. The 2013 filing Effective Date is
October 15, 2013.
Unless otherwise noted in this tariff, the term "Final Order" refers the final order issued
by the Railroad Commission of Texas in GUD 10170.
The term "System-Wide" means all incorporated and unincorporated areas served by
the Company.
Review Period" is defined as the period from the Filing Date until the Effective Date.
The "Filing Date" is as early as practicable but no later than March 1 of each year with
the exception of 2013, which shall have a Filing Date of July 15, 2013. The last annual
Effective Date is June 1, 2017.
Ill. Calculation
The RRM shall calculate an annual, System-Wide cost of service ("COS") that will be
used to adjust applicable rate schedules prospectively as of the Effective Date. The
annual cost of service will be calculated according to the following formula:
COS = OM + DEP + RI + TAX + CD -ADJ
Where:
ATTACHMENT "A"
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE: RRM—Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 2 OF 6
OM = all reasonable and necessary operation and maintenance expenses from the
Test Period adjusted for known and measurable items and prepared
consistent with the rate making treatments approved in the Final Order.
Known and measurable adjustments shall be limited to those changes that
have occurred prior to the Filing Date. OM may be adjusted for atypical and
non-recurring items. Shared Services allocation factors shall be recalculated
each year based on the latest component factors used during the Test
Period, but the methodology used will be that approved in the Final Order.
DEP = depreciation expense calculated at depreciation rates approved by the Final
Order.
RI = return on investment calculated as the Company's pretax return multiplied by
rate base at Test Period end. Rate base is prepared consistent with the rate
making treatments approved in the Final Order, except that no post Test
Period adjustments will be permitted. Pretax return is the Company's
weighted average cost of capital before income taxes. The Company's
weighted average cost of capital is calculated using the methodology from the
Final Order including the Company's actual capital structure and long term
cost of debt as of the Test Period end (adjusted for any known and
measurable changes) and the return on equity from the Final Order.
However, in no event will the percentage of equity exceed 55%. Regulatory
adjustments due to prior regulatory rate base adjustment disallowances will
be maintained. Cash working capital will be calculated using the lead/lag
days approved in the Final Order. With respect to pension and other
postemployment benefits, the Company will record a regulatory asset or
liability for these costs until the amounts are included in the next annual rate
adjustment implemented under this tariff. Each year, the Company's filing
under this Rider RRM will clearly state the level of pension and other
postemployment benefits recovered in rates.
TAX = income tax and taxes other than income tax from the Test Period adjusted for
known and measurable changes occurring after the Test Period and before
the Filing Date, and prepared consistent with the rate making treatments
approved in the Final Order.
CD = interest on customer deposits.
ADJ = Downward adjustment to the overall, System-Wide test year cost of service in
the amount of $3,000,000.00, adjusted by a percentage equal to the total
percentage increase in base-rate revenue sought pursuant to this tariff.
ATTACHMENT "A"
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE: RRM—Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 3 OF 6
IV. Annual Rate Adjustment
The Company shall provide schedules and work papers supporting the Filing's revenue
deficiency/sufficiency calculations using the methodology accepted in the Final Order.
The result shall be reflected in the proposed new rates to be established for the
effective period. The Revenue Requirement will be apportioned to customer classes in
the same manner that Company's Revenue Requirement was apportioned in the Final
Order. For the Residential Class, 40% of the increase may be recovered in the
customer charge. The increase to the Residential customer charge shall not exceed
0.50 per month in any given year. The remainder of the Residential Class increase not
collected in the customer charge will be recovered in the usage charge. The Company
will forgo any change in the Residential customer charge with the first proposed rate
adjustment pursuant to this tariff. For all other classes, the change in rates will be
apportioned between the customer charge and the usage charge, consistent with the
Final Order. Test Period billing determinants shall be adjusted and normalized
according to the methodology utilized in the Final Order.
V. Filing
The Company shall file schedules annually with the regulatory authority having original
jurisdiction over the Company's rates on or before the Filing Date that support the
proposed rate adjustments. The schedules shall be in the same general format as the
cost of service model and relied-upon files upon which the Final Order was based. A
proof of rates and a copy of current and proposed tariffs shall also be included with the
filing. The filing shall be made in electronic form where practical. The Company's filing
shall conform to Minimum Filing Requirements (to be agreed upon by the parties),
which will contain a minimum amount of information that will assist the regulatory
authority in its review and analysis of the filing. The Company and regulatory authority
will endeavor to hold a technical conference regarding the filing within ten (10) calendar
days after the Filing Date.
The 2013 Filing Date will be July 15, 2013.
A sworn statement shall be filed by an Officer of the Company affirming that the filed
schedules are in compliance with the provisions of this Rate Review Mechanism and
are true and correct to the best of his/her knowledge, information, and belief. No
testimony shall be filed, but a brief narrative explanation shall be provided of any
changes to corporate structure, accounting methodologies, allocation of common costs,
or atypical or non- recurring items included in the filing.
ATTACH M ENT "A"
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE: RRM—Rate Review Mechanism
APPLICABLE TO:
ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 4 OF 6
VI. Evaluation Procedures
The regulatory authority having original jurisdiction over the Company's rates shall
review and render a decision on the Company's proposed rate adjustment prior to the
Effective Date. The Company shall provide all supplemental information requested to
ensure an opportunity for adequate review by the relevant regulatory authority. The
Company shall not unilaterally impose any limits upon the provision of supplemental
information and such information shall be provided within seven (7) working days of the
original request. The regulatory authority may propose any adjustments it determines to
be required to bring the proposed rate adjustment into compliance with the provisions of
this tariff.
The regulatory authority may disallow any net plant investment that is not shown to be
prudently incurred. Approval by the regulatory authority of net plant investment pursuant
to the provisions of this tariff shall constitute a finding that such net plant investment
was prudently incurred. Such finding of prudence shall not be subject to further review
in a subsequent RRM or Statement of Intent filing.
During the Review Period, the Company and the regulatory authority will work
collaboratively and seek agreement on the level of rate adjustments. If, at the end of the
Review Period, the Company and the regulatory authority have not reached agreement,
the regulatory authority shall take action to modify or deny the proposed rate
adjustments. The Company shall have the right to appeal the regulatory authority's
action to the Railroad Commission of Texas. Upon the filing of an appeal of the
regulatory authority's order relating to an annual RRM filing with the Railroad
Commission of Texas, the regulatory authority having original jurisdiction over the
Company's rates shall not oppose the implementation of the Company's proposed rates
subject to refund, nor will the regulatory authority advocate for the imposition of a third
party surety bond by the Company. Any refund shall be limited to and determined based
on the resolution of the disputed adjustment(s) in a final, non-appealable order issued in
the appeal filed by the Company at the Railroad Commission of Texas.
In the event that the regulatory authority and Company agree to a rate adjustment(s)
that is different from the adjustment(s) requested in the Company's filing, the Company
shall file compliance tariffs consistent with the agreement. No action on the part of the
regulatory authority shall be required to allow the rate adjustment(s) to become effective
on June 1. To the extent that the regulatory authority does not take action on the
Company's RRM filing by May 31, the rates proposed in the Company's filing shall be
deemed approved effective June 1. (2013 filing RRM rate will be effective October 15,
2013 if no action is taken). Notwithstanding the preceding sentence, a regulatory
authority may choose to take affirmative action to approve a rate adjustment under this
ATTACHMENT "A"
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE: RRM—Rate Review Mechanism
APPLICABLE TO:
ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 5 OF 6
tariff. In those instances where such approval cannot reasonably occur by May 31, the
rates finally approved by the regulatory authority shall be deemed effective as of June 1.
To defray the cost, if any, of regulatory authorities conducting a review of the
Company's annual RRM filing, the Company shall reimburse the regulatory authorities
on a monthly basis for their reasonable expenses incurred upon submission of invoices
for such review. Any reimbursement contemplated hereunder shall be deemed a
reasonable and necessary operating expense of the Company in the year in which the
reimbursement is made. A regulatory authority seeking reimbursement under this
provision shall submit its request for reimbursement to the Company no later than
August 1 of the year in which the RRM filing is made and the Company shall reimburse
regulatory authorities in accordance with this provision on or before August 30 of the
year the RRM filing is made.
To the extent possible, the provisions of the Final Order shall be applied by the
regulatory authority in determining whether to approve or disapprove of Company's
proposed rate adjustment.
This Rider RRM does not limit the legal rights and duties of a regulatory authority.
Nothing herein shall abrogate the jurisdiction of the regulatory authority to initiate a rate
proceeding at any time to review whether rates charged are just and reasonable.
Similarly, the Company retains its right to utilize the provisions of Texas Utilities Code,
Chapter 104, Subchapter C to request a change in rates. The provisions of this Rider
RRM are implemented in harmony with the Gas Utility Regulatory Act (Texas Utilities
Code, Chapters 101-105).
The annual rate adjustment process set forth in this tariff shall remain in effect during
the pendency of any Statement of Intent rate filing.
VII. Reconsideration, Appeal and Unresolved Items
Orders issued pursuant to this mechanism are ratemaking orders and shall be subject
to appeal under Sections 102.001(b) and 103.021, et seq., of the Texas Utilities Code
Vernon 2007).
VIII. Notice
Notice of each annual RRM filing shall be provided by including the notice, in
conspicuous form, in the bill of each directly affected customer no later than forty-five
45) days after the Company makes its annual filing pursuant to this tariff. The notice to
ATTACHMENT "A"
ATMOS ENERGY CORPORATION
MID-TEX DIVISION
RATE SCHEDULE: RRM—Rate Review Mechanism
APPLICABLE TO: ALL AREAS IN THE MID-TEX DIVISION EXCEPT THE CITY OF DALLAS
CUSTOMERS
EFFECTIVE DATE: Bills Rendered on and after October 15, 2013 PAGE 6 OF 6
customers shall include the following information:
a) a description of the proposed revision of rates and schedules;
b) the effect the proposed revision of rates is expected to have on the rates
applicable to each customer class and on an average bill for each affected
customer;
c) the service area or areas in which the proposed rates would apply;
d) the date the annual RRM filing was made with the regulatory authority; and
e) the Company's address, telephone number and website where information
concerning the proposed rate adjustment be obtained.
RESOLUTION R-14-3745
A RESOLUTION DENYING THE RATE INCREASE REQUESTED BY
ATMOS ENERGY CORP., MID-TEX DIVISION UNDER THE COMPANY’S
2014 ANNUAL RATE REVIEW MECHANISM FILING
WHEREAS,the City of Colleyville, Texas (“City”) is a gas utility customer of
Atmos Energy Corp., Mid-Tex Division (“Atmos Mid-Tex” or
“Company”), and a regulatory authority with an interest in the
rates and charges of Atmos Mid-Tex; and
WHEREAS, the City is a member of the Atmos Cities Steering Committee
(“ACSC”), a coalition of approximately 164 similarly situated
cities served by Atmos Mid-Tex that have joined together to
facilitate the review of and response to natural gas issues
affecting rates charged in the Atmos Mid-Tex service area; and
WHEREAS, pursuant to the terms of the agreement settling the Company’s
2007 Statement of Intent to increase rates, ACSC Cities and
the Company worked collaboratively to develop a Rate Review
Mechanism (“RRM”) tariff that allows for an expedited rate
review process controlled in a three-year experiment by ACSC
Cities as a substitute to the current Gas Reliability
Infrastructure Program (“GRIP”) process instituted by the
Legislature; and
WHEREAS, the City took action in 2008 to approve a Settlement
Agreement with Atmos Mid-Tex resolving the Company’s 2007
rate case and authorizing the RRM tariff, and in 2013, ACSC
and the Company negotiated a renewal of the RRM tariff
process for an additional five years; and
WHEREAS, the City passed an ordinance renewing the RRM tariff process
for the City for an additional five years; and
WHEREAS,on or about February 28, 2014, the Company filed with the City
its second annual RRM filing under the renewed RRM tariff,
requesting to increase natural gas base rates by $45.7 million;
and
WHEREAS, ACSC coordinated its review of Atmos Mid-Tex’s RRM filing
through its Executive Committee, assisted by ACSC attorneys
and consultants, to investigate issues identified by ACSC in the
Company’s RRM filing; and
Resolution R-14-3745
Page 2 of 3
WHEREAS, ACSC attorneys and consultants have concluded the Company
is unable to justify a rate increase of the magnitude requested
in the RRM filing; and
WHEREAS, ACSC’s consultants determined the Company is only entitled to
a $19 million increase, approximately 42% of the Company’s
request under the 2014 RRM filing, and the Company would
only be entitled to approximately $31 million if it had a GRIP
case; and
WHEREAS, the Company’s levels of operating and maintenance expense
have dramatically risen without sufficient justification, the
Company has awarded its executives and upper management
increasing and unreasonable levels of incentives and bonuses,
expenses, which should be borne by shareholders who received
a 23% total return on investment in 2013; and
WHEREAS, the Company requested a drastically high level of medical
expense that is unreasonable and speculatively based upon
estimates; and
WHEREAS, ACSC and the Company were unable to reach a compromise on
the amount of additional revenues the Company should recover
under the 2014 RRM filing; and
WHEREAS, the ACSC Executive Committee, as well as ACSC’s counsel and
consultants, recommend that ACSC Cities deny the requested
rate increase; and
WHEREAS, the Company’s current rates are determined to be just,
reasonable, and in the public interest.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1. THAT the findings set forth in this Resolution are hereby in all
things approved.
Sec. 2. THAT the City Council finds Atmos Mid-Tex was unable to
justify the appropriateness or the need for the increased
revenues requested in the 2014 RRM filing, and existing rates
Resolution R-14-3745
Page 3 of 3
for natural gas service provided by Atmos Mid-Tex are just and
reasonable.
Sec. 3. THAT Atmos Mid-Tex shall reimburse the reasonable
ratemaking expenses of the ACSC Cities in processing the
Company’s RRM application.
Sec. 4. THAT in the event the Company files an appeal of this denial of
rate increase to the Railroad Commission of Texas, the City is
hereby authorized to intervene in such appeal, and shall
participate in such appeal in conjunction with the ACSC
membership. Further, in such event, Atmos Mid-Tex shall
reimburse the reasonable expenses of the ACSC Cities in
participating in the appeal of this, and other ACSC City rate
actions resulting from the 2014 RRM filing.
Sec. 6. THAT if any one or more sections or clauses of this resolution is
adjudged to be unconstitutional or invalid, such judgment shall
not affect, impair, or invalidate the remaining provisions of this
resolution and the remaining provisions shall be interpreted as
if the offending section or clause never existed.
Sec. 7. THAT a copy of this resolution shall be sent to Atmos Mid-Tex,
care of Chris Felan, Manager of Rates and Regulatory Affairs, at
Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1862,
Dallas, Texas 75240, and to Geoffrey Gay, General Counsel to
ACSC, at Lloyd Gosselink Rochelle & Townsend, P.C., P.O. Box
1725, Austin, Texas 78767-1725.
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ____ AYES, ____ NAYS, AND ____ ABSTENTIONS
ON THIS THE 6TH DAY OF MAY 2014.
ATTEST:CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor
SPEAKER CARD d
ty -
Date: /l �j
Agenda Item Number: 1
For example: 5a (this can be found on the far left side of the agenda coot')
I will speak In Support of this item. I will speak In Opposition to this item.
I do /nJot wish to speak, but please record my: support opposition
Name: /�"/e-Yer a/ lit
Address: 3 2- \ u h-,o h City: 13-e,c1 C-ei
I understand I am limited to speaking for five minutes. For agenda items not listed on the agenda
as a Public Hearing, City Council cannot respond to speakers in accordance with the Texas Open
Meetings Law, Chapter 551 of the Texas Local Government Code. This includes persons speaking
under the Citizen's Comments section of the agenda.
Signed: 2=) Gral4
This information is a Public Record
City of Colleyville Page 1
City of Colleyville
City Council
Agenda Briefing
City Hall
100 Main Street
Colleyville, Texas 76034
www.colleyville.com
Agenda Number 8 Agenda Date 05/06/2014
Type Report
Department City Secretary
Title
Colleyville Public Library Meeting Minutes-February 10, 2014
Planning and Zoning Commission Meeting Minutes-March 24, 2014
Attachments
1.Colleyville Public Library Meeting Minutes-February 10, 2014
2.Planning and Zoning Commission Meeting Minutes-March 24, 2014
City of Colleyville Page 1
City of Colleyville
Colleyville Library Board
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817.503.1000
www.colleyville.com
Monday, February 10, 2014
6:00 p.m.
Colleyville Public Library
110 Main Street
1. CALL TO ORDER
Chair Thad Bolline called the meeting of the Colleyville Public Library to order at 6:02
p.m.
Roll Call: Present Chairperson Thad Bolline, Board members Jerome Davis, Kay
Newton, Victoria Kennedy-Ziegler, Vernon Noronha, Charna Logan-Gray, Sue Anne
Martinez and Nancy Andrews; Library and Recreation Director Mary Rodne, Assistant
City Manager/Chief Financial Officer Terry Leake, Administrative Assistant Kathy
Moore
Absent Board member Billie Tuttle; Ex-Officio member Cecilia Monacelli
2. APPROVAL OF MINUTES
October 14, 2013
A motion was made by Charna Logan-Gray and seconded by Jerome Davis to approve
the October 13, 2013 minutes as presented. Motion approved unanimously.
3. REGULAR AGENDA ITEMS
3a Introduction of new Colleyville Library Board members
Thad Bolline led the introductions of all current and new members in attendance,
along with staff members. Library Director Mary Rodne offered to schedule a tour for
new members at their convenience.
3b Discussion of the Colleyville Public Library tenth anniversary event
Director Mary Rodne stated that on November 8, 2013 the Library hosted a ten year
anniversary celebration at the Colleyville Public Library to recognize all the donors,
groups and individuals who have supported the Library over the past ten years.
Additionally, she stated that the Library held several other events throughout the
year that were open to the public.
3c Discussion of the Colleyville Public Library 2014 Summer Reading Program
Colleyville Library Board Minutes February 10, 2014
City of Colleyville Page 2
Director Rodne gave an overview of how the summer reading program works, noting
that it is a seven week program that will begin the first week in June and will run
through the first week in August. Rodne stated that this year’s theme was “Paws to
Read”; noting that throughout the summer staff will incorporating some animal-
themed programming. Rodne added that the kick-off party is scheduled for the
evening of June 5, 2014.
3d Discussion of items for future agendas
The Board requested that the hours of operation be added to the April 14, 2014
Colleyville Library Board meeting to review the current hours of operation, along with
staffing needs and possible options for additional hours of operation.
4. REPORTS
4a Librarian's Report
Monthly Statistics
Library Director Mary Rodne gave an overview of the statistics for the months of
October through January, explaining how the totals are calculated for new Board
members. Rodne noted that we now include the virtual library patron visits in the
totals for “Persons visiting the Library” which has affected the totals for in-library
transactions. Rodne also reported that totals for program attendance may be skewed
due to the cancellation of Holly Colley. Additionally, she reported that the year-to-
date totals for volunteer hours were 421 hours.
Donations
Rodne reported that the Library had received a total of $1326 in donations in the
months of October through January. In October, donations included $500 from the
Friends of the Colleyville Public Library for the purchase of refreshments for the ten
year anniversary celebration, and a $96 donation from Milwaukee Joe’s for the
Summer Reading Program. November donations included $100 from David and Pam
Brant for the purchase of adult business books; and two anonymous donations, one
for $10 was used to purchase a children’s book, and the other was $20 used for
Books n’ Brunch refreshments. December included a $400 donation from Beverly and
William Schweikhard for the purchase of inspirational books on CD, along $200 from
Gerald and Lynn Hartman for British mysteries on DVD. There were no donations in
January.
Library Programs
Director Rodne reported that the Winter/Spring online program brochure was
available to the public in January; stating that most classes were full. Additionally,
she added that a Valentine’s Day party would be held on Thursday, February 13,
2014 from 4:00 - 5:00 p.m. and volunteers were welcomed.
4b Friends of the Colleyville Public Library Report
Colleyville Library Board Minutes February 10, 2014
City of Colleyville Page 3
President Kay Newton reported that the Friends of the Colleyville Public Library held a
meeting on January 9, 2014 and set the date for their next book sale which would be
April 26, 2014. Newton announced that 9:00 – 10:00 a.m. is “For Friends Only” which
allows members first choice of items for sale; noting that the sale is open to the
general public from 10:00 a.m. – 2:00 p.m. Additionally, she informed the group that
gently used puzzles and games would be accepted this year; Newton informed the
Board that any unsold puzzles and games will be passed along to a homeless shelter.
Newton gave the Board members an overview of the responsibilities of the Friends of
the Colleyville Public Library, along with information on memberships and the used
book sale corner at the Library.
4c Colleyville Public Library Foundation Report
Mary Rodne reported for the Library Foundation stating that they are in the process
of re-organizing and have not met recently.
5. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
There were no citizen comments/presentations regarding items not on the agenda.
6. ADJOURNMENT
A motion way made by Kay Newton and seconded by Jerome Davis to adjourn the
meeting of the Colleyville Library Board at 6:52 p.m. Motion approved
unanimously.
APPROVED BY A VOTE OF 6 AYES 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 14th
DAY OF April, 2014.
Minutes taken and prepared by:
Kathy Moore
Administrative Secretary
City of Colleyville Page 1
City of Colleyville
Planning and Zoning
Commission
Minutes
City Hall
100 Main Street
Colleyville, Texas 76034
817. 503.1000
www.colleyville.com
Monday, March 24, 2014 City Council Chambers
CALL MEETING TO ORDER
The Planning and Zoning Commission meeting of the City of Colleyville was called
to order by Chairman Byerly on March 24, 2014 at 7:12 p.m.
Roll Call
Present: Commissioners Larry Knox, Carel Tornes, David Wheelwright, Don
Davis, David Phelps, and Chairman Byerly
Absent: Commissioner Jim Gotcher
Staff Present: Ron Ruthven, Mary Elliott, Taci Wrisley, Rob McKeown, Brian
Riley, Marty Wieder, Dale Crown, and Matt Butler (City Attorney)
1. APPROVAL OF MINUTES
Commissioner Davis made a motion to approve the minutes as
written. Commissioner Tornes seconded.
The motion to approve the minutes as written carried by the
following vote:
Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly
2. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON
THE AGENDA AS A PUBLIC HEARING ITEM
There were no citizen comments/presentations regarding items not on the
agenda as a public hearing item.
3. PUBLIC HEARING AGENDA ITEMS
3a Request for a Special Use Permit for a wedding chapel on Lot 1R1,
Block 1, of the Monterra Place Addition located at 1700 Tennison
Parkway, Case ZC14-002
Mary Elliott presented the case and briefed the Commission.
Commissioner Davis questioned staff regarding if Tennison Parkway
ran through the subject property or if it was adjacent to it. Mary
Planning and Zoning Commission
Commission
Minutes
March 24, 2014
City of Colleyville Page 2
Elliott replied Tennison Parkway does not run through the property.
Commissioner Davis stated he wondered if there would be problems
with parking along Tennison Parkway and should the City install No
Parking signs. The Fire Marshall came forward and stated the City
would not install signs unless there was an issue. He further stated
they would monitor the situation, as needed.
Commissioner Tornes questioned staff regarding whether the
applicant had submitted documentation on plans to mitigate noise
and how would alcohol be addressed without the applicant having a
permit. Mary Elliott replied with regards to the noise, the property is
heavily wooded and the hours of operations had been modified to
reflect the City of Colleyville’s nuisance ordinance. She also exp lained
the facility would have a security guard on site during events.
Chairman Byerly questioned staff regarding which uses were allowed
in the CC-1 Village Retail zoning district. Mary Elliott explained the
permitted uses for CC-1 Village Retail.
The public hearing was opened at 7:25 p.m.
The applicant was not present to address the Commission.
Craig Cairns, 1617 Douglas Avenue, came forward and spoke in
opposition.
Dan Swart, 6811 Milton Drive, came forward and spoke in opposition.
Dee Kamerman, 1521 Tennison Parkway, came forward and spoke in
opposition.
Gary Grosbeck, 1608 Douglas Avenue, Grace Grosbeck, 1608 Douglas
Avenue, and Suresh Vashish, 1604 Douglas Avenue all wished to
record their opposition but did not wish to speak.
There being no one else wishing to speak, the public hearing was
closed at 7:38 p.m.
Commissioner Tornes questioned staff if there was a fence
surrounding the property. Mary Elliott replied no. Ron Ruthven
added there is open space between this property and the rest of the
development.
Discussion continued between staff and the Commission regarding the
Planning and Zoning Commission
Commission
Minutes
March 24, 2014
City of Colleyville Page 3
fence requirements for the development.
Commissioner Wheelwright questioned staff regarding if there were
any guidelines that addressed the business allowing alcohol to be
consumed at an event without actually serving it themselves. Mary
Elliott replied they would still be required to obtain a permit from the
Texas Alcoholic Beverage Commission (TABC). Ron Ruthven added
caterers would not be allowed to provide alcohol because that would
be considered a sale and would require a Special Use Permit.
Discussion continued between staff and the Commission regarding the
guidelines for allowing the consumption of alcohol at this facility.
Commissioner Tornes questioned staff regarding the number of
parking spaces available. Mary Elliott replied the same ratio used to
calculate parking spaces for other community spaces was used, such
as churches. Mary Elliott replied the facility has a total of 74 parking
spaces, including their shared parking agreement.
Commissioner Phelps stated he is not opposed to what is being
proposed and was open to adding requirements where they may have
been missed previously.
Discussion continued between staff and the Commission regarding the
options for the case moving forward.
Chairman Byerly made a motion to continue Case ZC14-002 to
the April 14, 2014 Planning and Zoning Commission Meeting.
Commissioner Phelps seconded.
The motion to continue Case ZC14-002 to the April 14, 2014
Planning and Zoning Commission Meeting carried by the
following vote:
Aye: 4 –Tornes, Wheelwright, Phelps, and Byerly
Nay: 2 – Knox and Davis
3b Request for a Special Use Permit for a concrete batch plant on Tract
1G, Abstract 1038 of the Hall Medlin Survey and Tracts 1A02 & 1C,
Abstract 295 of the William E Crooks Survey located at 7612 & 7624
Pleasant Run Road, Case ZC14-004
Mary Elliott presented the case and briefed the Commission.
The public hearing was opened at 7:57 p.m.
Planning and Zoning Commission
Commission
Minutes
March 24, 2014
City of Colleyville Page 4
Mark Leonard, on behalf of Gil Co. Contracting, came forward and
briefed the Commission.
Commissioner Davis questioned Mr. Leonard regarding the number of
yards a regular cement truck carries. Mr. Leonard replied ten (10).
He further explained it sometimes depends on the city’s
requirements.
Commissioner Davis questioned Mr. Leonard regarding the number of
yards he was anticipating for this project. Mr. Leonard replied about
2,500 cubic yards.
Discussion continued regarding the number and types of trucks that
would possibly be traveling to the site.
Commissioner Phelps questioned Mr. Leonard if he had any concerns
regarding the roundabout at John McCain Road. Mr. Leonard replied
he felt turn may be a little difficult to maneuver but had been told it
would work.
Discussion occurred between Commissioner Phelps and Mr. Leonard
regarding possible routes.
Chairman Byerly questioned Mr. Leonard regarding where the trucks
would be coming from. Mr. Leonard replied Midlothian.
Commissioner Phelps questioned Mr. Leonard regarding if the prep
work would be completed prior to the arrival of material for the batch
plant. Mr. Leonard replied he would have about a two (2) day head
start.
Commissioner Davis questioned Mr. Leonard regarding the timeline of
set-up of the batch plant. Mr. Leonard replied set-up would take
approximately one (1) day. He further explained it would take
approximately three (3) days from start of set-up to the completion of
pouring.
Commissioner Tornes questioned Mr. Leonard regarding the amount
of dust that is expected from the batch plant and the process for
managing run-off of water or materials. Mr. Leonard replied there
would be some dust but it would be a very small amount. Mr.
Leonard further explained the process for the clean-out of their trucks
and the batch plant itself.
Planning and Zoning Commission
Commission
Minutes
March 24, 2014
City of Colleyville Page 5
Thomas Schneider, on behalf of Stormcon LLC., came forward and
briefed the Commission regarding the environmental aspects of the
batch plant.
There being no one else wishing to speak, the public hearing was
closed at 8:11 p.m.
The public hearing was re-opened at 8:12 p.m.
Chris Monroe, 1500 S. White Chapel Blvd, came forward and spoke in
opposition.
There being no one else wishing to speak, the public hearing was
closed at 8:13 p.m.
Commissioner Knox made a motion to approve Case ZC14-004.
Commissioner Tornes seconded.
Chairman Byerly made a friendly amendment to recommend
an alternate route from John McCain Road and to clarify 21
consecutive days.
Commissioner Knox and Commissioner Tornes both accepted
the amendments.
Discussion occurred between staff and the Commission regarding
potential routes.
Commissioner Phelps questioned staff regarding whether or not there
was language in the ordinance stating the contractor will be
responsible for damage done to the roadways. Ron Ruthven r eplied,
if proven, the contractor would be held liable.
The motion to approve Case ZC14-004 with the following
conditions: 1) staff consider an alternate route to John McCain
Road, to Church Street, to Tinker Road 2) staff clarify 21
consecutive days carried by the following vote:
Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly
3c Request for a Special Use Permit for a temporary concrete batch plant
on an approximate 37,500 square foot portion of 108.5 acres out of
the Elizabeth Cox Survey, Abstract 352, The John H. Havens Survey,
Abstract 685, The Jesse Doss Survey, Abstract 441, and the S.C.H.
Witten Survey, Abstract 1734, located at the northwest corner of
Heritage Avenue and Cheek Sparger Road, Case ZC14-006
Planning and Zoning Commission
Commission
Minutes
March 24, 2014
City of Colleyville Page 6
Mary Elliott presented the case and briefed the Commission.
The public hearing was opened at 8:22 p.m.
Mark Leonard, on behalf of Gil Co. Contracting, came forward and
briefed the Commission.
There being no one else wishing to speak, the public hearing was
closed at 8:23 p.m.
Commissioner Phelps made a motion to approve Case ZC14-
006 with the following condition: 1) staff clarify 21
consecutive days. Commissioner Wheelwright seconded.
The motion to approve Case ZC14-006 with the following
condition: 1) staff clarify 21 consecutive days carried by the
following vote:
Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly
3d Approval of amendments to Chapter 3 - Land Use, Section 3.24.B-
Schedule of Permitted Uses and Section 3.24.D-Temporary Buildings
and Uses in the Land Development Code, Case GC14-006
Mary Elliott presented the case and briefed the Commission.
Commissioner Phelps questioned staff regarding whether there is a
difference between a concrete batch plant and an asphalt batch plant.
Mary Elliott replied no.
Commissioner Tornes questioned staff regarding if the amendments
were being made to streamline the process so that these types of
request could be approved by staff, unless there was a waiver being
requested. Mary Elliott replied yes.
Discussion occurred between staff and the Commission regarding
possible conditions.
The public hearing was opened at 8:33 p.m.
There being no one wishing to speak, the public hearing was closed at
8:33 p.m.
Commissioner Davis made a motion to approve Case GC14-006
with the following conditions: 1) Staff to clarify the distance
Planning and Zoning Commission
Commission
Minutes
March 24, 2014
City of Colleyville Page 7
requirements from residential and religious uses and adding
schools to the distance requirements 2) Staff to clarify 21
consecutive days. Commissioner Tornes seconded.
The motion to approve Case GC14-006 with the following
conditions: 1) Staff to clarify the distance requirements from
residential and religious uses and adding schools to the
distance requirements 2) Staff to clarify 21 consecutive days
carried by the following vote:
Aye: 6 – Knox, Tornes, Wheelwright, Davis, Phelps, and Byerly
4. ADJOURNMENT
The meeting adjourned at 8:35 p.m.
The minutes were written and prepared by:
Taci Wrisley
Planning and Zoning Assistant
The meeting minutes were approved on April 14, 2014 by a vote of 5–0.
RESOLUTION R-14-3746
A RESOLUTION APPROVING CITY COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF
MAY 6, 2014
WHEREAS,City Council has taken action on certain items on the agenda
under Business.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF COLLEYVILLE, TEXAS:
Sec. 1.THAT the agenda decisions approved by City Council action
under Business this date and not otherwise adopted by
Ordinance and/or separate Resolution as follows are hereby
adopted:
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF ____ AYES, ____ NAYS, AND ____ ABSTENTIONS
ON THIS THE 6TH DAY OF MAY 2014.
ATTEST:CITY OF COLLEYVILLE
Amy Shelley, TRMC David Kelly
City Secretary Mayor