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Home My WebLink AboutCity Council-Agenda Packets-1/4/2005 city Of Texas AGENDA CITY COUNCIL MEETING 100 MAIN STREET JANUARY 4, 2005 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM PC-1. Update of Economic Development Initiatives PC-2. Discussion of selection process for City Attorney PC-3. Update and discussion of the Colleyville City Charter Review Committee progress PC-4. Budget Development for FY2006 PC-5. Discussion of January 4, 2005, City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Sec. 551.071 - 100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - INVOCATION: Environmental Conservation Organization (UECO"), Montclair Pare Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Pending Litigation - Helen Boyce Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Personnel - City Attorney 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS Sister Theresa Khirallah, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: City Attorney Ross Foster 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PLAQUES - In recognition of service on the SH26 Advisory Committee - Kim Gill, Lorna McElaney and Kipp Whitman PLAQUES - In recognition of service on the Parks and Recreation Advisory Board - Peter O'Brien, Chris Foy and Chuck Thomas CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-05-2490 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 21, 2004 b. Approval of a request by Colleyville Presbyterian Church to extend the time period to allow two portable buildings to remain on the property located at 715 Cheek Sparger Road, Case G-04-034 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1498 - Approval of a Zoning Change from AG to R40 on Block 1, Lots 1 and 2, Cooper Addition located at 7300 John McCain Road, Case Z-04-039 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1499 - Approval of a City-Developer Agreement with Broadland Limited Partnership for Whittier Heights Additions 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1500 - Approval of a City-Developer Agreement with Old Grove Limited Partnership for Old Grove Additions 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1501- Approval of a Zoning Change from R30 to R20 on Block 1, Lot 29R, Westcoat Place Addition located at 6002 Westcoat Drive, Case Z-04-040 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1502 - Approval of a Zoning Change from AG to R40 and R20 on Abstract 331, Tract 2C of the A.J. Caldwell Survey, located at 1209 Tinker Road, Case Z-04-041 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1503 - Approval of a Zoning Change from AG and R40 to PUD-R on 10.2 acres located at 909- 1009 Lavaca Trail, Case Z-04-035 10. READING AND PUBLIC HEARING - Resolution R-05-2491 - Approval of a Waiver of perimeter street improvement requirements on Lot 1, Block 1, Luxmont Estates, located at 6304 L.D. Lockett Road, Case P-05-002 11. READING AND PUBLIC HEARING - Resolution R-05-2492 - Approval to Amend Resolution R-04-2444, which established the maximum permitted basic cable rate and equipment and installation rates charged by Comcast Cable Communications, Inc., formerly AT&T Broadband 12. READING AND PUBLIC HEARING - Resolution R-05-2493 - Approval to authorize intervention before the Railroad Commission of Texas in Gas Utilities Docket (GUD) No. 9530; authorize participation with other cities served by Atmos Energy Corporation in administrative and court proceedings involving a gas cost prudence review; designate a representative of the City to serve on a Steering Committee; require reimbursement of reasonable legal and consultant expenses 13. READING AND PUBLIC HEARING - Resolution R-05-2494 - Approval to suspend the proposal by Atmos Energy Corporation to implement interim Gas Reliability Infrastructure Program (GRIP) rate adjustments; authorize participation with other cities served by Atmos Energy Corporation, Mid-Tex Division, in a review and inquiry into the proposed rate adjustments; authorize intervention in administrative and court proceedings involving the proposed GRIP rate adjustments; designate a representative of the City to serve on a Steering Committee; require reimbursement of reasonable legal and consultant expenses 14. READING AND PUBLIC HEARING - Resolution R-05-2495 - Approval to Amend Resolution R-04-2474, ordering a bond election, adopted November 16, 2004 and amended on December 7, 2004, for the purpose of appointing a new Alternate Presiding Judge REPORTS: 15. COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE MINUTES - December 15, 2004 CITIZEN COMMENTS: 16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 4, 2005 - Reading and Public Hearing - Resolution R-05-2496 ADJOURNMENT: 18. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, December 3?1t5:OO .m. ~~ Cynthia Singleton, TR C 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. PRE COUNCIL cce(/) AGENDA BRIEFING 1(":'0,,:5 MEETING DATE: I ITEM#: i 01/04/05 PC-1 CITY MANAGER! DEPARTMENT HEAD ' FINANCE REVIEW I - N/ A Previous Action: None DEPARTMENT: ECONOMIC DEVELOPMENT SUBJECT: Update of Economic Development Initiatives This item provides an opportunity for the Economic Development Manager to present an update of Economic Development Initiatives. Attachments . Memorandum of Economic Development Initiatives MEMORANDUM TO: Mayor and City Council FROM: Scott Welmaker, Economic Development Manager DATE: January 4, 2005 SUBJECT: Update of Economic Development Initiatives Council has requested an economic development update at the first City Council meeting of each month. Some of the initiatives under development since the last report include: . Initiated development of a strategy with retailers to create a "buy locally" campaign to include direct mail and print advertisement; . Developed color brochures and marketing materials; . Planning strategy with the Buxton Group to distribute final Phase II pursuit packages for selected retailers; . Developed conceptual site plans for Precinct Line property, 121 frontage and Heritage at Glade; . Worked with Town Center developer to create an incentive program to attract two lead tenants to Phase II including developing revenue projection analyses for these two proposed projects; . Working with broker to explore development opportunities at Glade Road and Heritage Road - 4 acre project to include retail and office; . Working with ServiStar owners to develop their properties at John McCain and SH26; . Met with six prospective developers and tenants. Provided demographic information to five new prospects; . Continue working with developers to sell the City-owned 1.9 acre tract at Church Street and SH26; . Developed an outline for Council to begin the branding process; . Completed a draft for a strategic plan in accordance with recommendations in Resolution R-02-2262 and the goals for FY2005 listed in the City budget; . Working with a major developer who has tendered an offer for 240 acres at the southwest corner of 121 and Glade including all undeveloped property west of Heritage in the Colleyville City limits; . Worked with developers and City staff to help gain Texas Department of Transportation approval for a traffic light at SH26 and Longwood Street; . Worked with City Attorney on clarifying uses of 48 sales tax to report to CEDC on November 30; . Attendance and participation in the International Council of Shopping Centers Southwest Conference in San Antonio, November 16-18, 2004; . Joined Commercial Investment Broker (CIBnet) online real estate network; . Working with City departments to develop a SH26 redevelopment plan; . Participation in the Colleyville Chamber of Commerce Expo 2004; . Working with the Community Development Department to plan redevelopment for the "Thompson Terrace triangle" and other areas which will be impacted by the widening of SH26; . Ongoing development of contacts with commercial real estate agents including membership in North Texas Commercial Association of Realtors, International Council of Shopping Centers, CIBnet and Commercial Real Estate Women; . Ongoing work with the Community Development Department to evaluate proposed commercial projects; . Continuing to contact prospective tenants and developers and developing a list of businesses for targeted marketing. This list has been enhanced by the outcome of Phase II of the Buxton Community 10 report and targeted lists from the two active developers in Colleyville; . Ongoing participation in groundbreakings, ribbon cuttings and grand openings of Colleyville businesses; . Continuing to meet Colleyville small business owners and operators; . Ongoing participation in Leadership Colleyville; . Graded Certified Economic Developer exams in Austin on Saturday, November 20, 2004 completing requirements for CEcD recertification in 2005; . Continuing as the City's ambassador as a board member of the Colleyville Area Chamber of Commerce and ArtsNET and providing updates to citizens through public speaking engagements at civic clubs. PRE COUNCIL MEETING DATE: ITEM#: ell)" or CCe0 Il..~:-;:,,$ AGENDA BRIEFING 01-04-05 PC-2 CITY MANAGER : DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: OFFICE OF CITY MANAGER SUBJECT: Discussion of selection process for City Attorney This agenda item provides an opportunity, as suggested by a City Councilmember, for the City Council to discuss the selection process for determining an attorney/law office to provide City Attorney legal services. The January 18, 2005 Pre City Council meeting is tentatively scheduled to allow an opportunity for members of the City Council to interview the attorneys that submit a Request for Proposal (RFP). The regular agenda for the same meeting will provide a resolution for possible City Council selection of an attorney to provide City Attorney services for the City of Colleyville. This calendar is subject to modification by the City Council. At the December 7, 2004 City Council meeting, Resolution R-04-2481 was approved directing staff to prepare and submit an RFP for City Attorney legal services. A draft copy of the RFP was provided to the City Council for review and comment prior to its publication. The purpose and format of the RFP is to provide a general overview of the City structure and anticipated functions and duties of the City Attorney. In addition, the RFP provides for the process and timeline for the submittal of a proposal. The RFP's are due by 2:00 p.m., January 13, 2005 in the Office of City Secretary. Staff was able to identify nine law offices providing City Attorney legal services for cities in the Fort Worth - Dallas area. These firms were provided a copy of the RFP. In addition, to this work effort, staff placed an advertisement with the Dallas and Tarrant County Bar Association's to notify potential attorneys/law firms to submit a proposal. Staff has responded to two requests for an RFP, as of December 30, 2004, in response to the advertisements. The RFP's have been submitted to: Boyle & Lowry Gary J. Holloway Brown & Hofmeister Cribbs & McFarland Cynthia Johnson Rerko Lynn, Pham, Moore & Ross Nichols, Jackson, Dillard, Hagar & Smith Dorothy Palumbo Ross T. Foster Taylor, Olson, Adkins, Sralla & Ellam Sifford, Anderson, Vice & McFarland Attachments · Possible Evaluation Points to Select a City Attorney · Request for Proposal for Legal Services POSSIBLE EVUATION POINTS TO SELECT A CITY ATTORNEY The following items have been complied for City Council consideration in selecting a law firm to provide City Attorney services. This various items should be viewed as a starting point to assist with City Council discussion. Step 1: Staff receipt of RFP's to be provided to the City Council. Step 2: City Council evaluate RFP's for selection of attorneys to interview Step 3: City Council conduct interviews and score attorneys written proposals as follows. Points Evaluation Criteria 30 Overall experience of Attorney (and Associates) 20 Attorney (and Associates) knowledge of special municipal legal issues 15 Depth and stability of firm or practice 15 Accessibility and Responsiveness of Attorney (and Associates) 10 Cost 10 Overall presentation In reviewing the proposals, the City Council may weigh: · Depth and breadth of experience and expertise in the practice of law, most specifically in those areas most often encountered in municipal government operations. · Review of cities attorney currently engaged with for compatibility of legal issues related to Colleyville. As part of this work effort, conduct reference checks with current and previous cities where attorney provided work. · Capability to perform legal services promptly and in a manner that permits the City Council and staff to meet established deadlines and to operate in an effective and efficient manner. · Degree of availability for quick response to inquiries that arise out of day-to-day operating questions or problems. · Degree to which firm and individual attorneys/counsel stay current through continued professional development and active communication with members of the municipal law field. · Communication skills including an evaluation of the style, philosophy and/or approach to providing legal input for legislative and/or administrative initiatives. · Backup support for Associates, paralegals, secretaries, special administrative staff, etc. · Cost of services by considering billing structure, mileage, reimbursables, "after hours" support, etc. Step 4: City Council select apparent successful attorney for further consideration. Step 5: Mayor and designated City Councilmember(s) negotiate and finalize draft engagement agreement for Legal Services. Step 6: City Council approve engagement agreement for Legal Services. December 17, 2004 The City of Colleyville, Texas is currently soliciting sealed proposals for general legal services and municipal court prosecution services to be provided by the City Attorney. The City desires quality cost efficient legal services that are progressive, proactive and designed to avoid litigation. Interested law firms and/or individual attorneys should submit a proposal for consideration to the City Secretary by 2:00 p.m., January 13, 2005. Included with this letter are instructions on submitting a proposal and information about the City. Also provided is a general review of the role for the City Attorney. The City Attorney is directly accountable to the City Council and provides legal advice to it and the various Boards, Commissions and Corporations and all City Departments regarding municipal issues. Service includes drafting ordinances and contracts prior to consideration by the City Council to ensure compliance with State, Federal and local laws. The City Attorney is also responsible for adjusting claims, initiating and defending lawsuits, and prosecuting cases filed in Municipal Court and making recommendations pertaining to risk management. All proposals will be reviewed by the City Council. Individuals or law firms submitting a proposal shall be available for a brief interview with the City Council scheduled for January 18, 2005 starting at 5:30 p.m. The location of the interview will be the Executive Conference Room (third floor) at City Hall, 100 Main Street, Colleyville, Texas. It is anticipated that the City Council will select a City Attorney at the January 18, 2005 City Council meeting. The selected firm should be available to begin service to the City immediately. On behalf of the City Council, I appreciate your time and attention to this Request for Proposal for Legal Services. Please feel free to give me a call at 817.503.1116 should you have any questions on this matter. Sincerely, Bill Lindley City Manager Attachment: · Request for Proposals - Legal Services REQUEST FOR PROPOSALS Legal Services The City Council of the City of Colleyville, Texas invites interested attorneys and/or law firms to submit written proposals to provide contract legal services to the City. All inquiries regarding the Request for Proposal should be directed to Bill Lindley, City Manager (817.503.1116). General Scope of Services: The City seeks legal services encompassing the traditional scope of work including legal counsel, opinions, consultation and coordination with special counsel. Attendance at a variety of meetings will be required, including City Council, Planning and Zoning Commission and Zoning Board of Adjustments meetings. Deliverv: Fifteen (15) copies of the proposal are to be submitted in a sealed envelope bearing the law firm's name, address, phone number and "Proposal for Legal Services" and either mailed or delivered to the City Secretary City at 100 Main Street Colleyville, Texas 76034. Proposals must be received on or before 2:00 p.m. January 13, 2005 in the City Secretary's Office. Proposals received after the above stated time shall not be considered. Proposals post marked but not delivered by the U.S. Postal Service by the due date and time shall not be considered received by the City of Colleyville. At said time and place all proposals timely received in the Office of the City Secretary will be publicly opened and the name of the individual attorneys and/or law firms submitting a proposal announced. Proposal Contents: The proposal shall be limited to 25 pages, three-hole punched, single- sided, and submitted on standard 8 %" x 11" paper. The page count shall include the cover letter, section dividers, resumes and company brochure, etc. The minimum font size for text shall be 12-point. The minimum font size for non-text portions, such as graphics and charts, shall be 10-point. Proposals should not be submitted in an elaborate format, and expensive binders are not desired. The proposal should address the following items. 1) Statement of Qualifications The proposal should in narrative form provide a brief overview and history of the law firm, the firm organization, the number of years of continuous operation under the current law firm name, the name(s) of the law firm for the previous ten (10) years if different than the current law firm name; the number of years of municipal experience, number of attorneys (partners and associates), and the number of support personnel. 2) Firm Resources The proposal should in brief narrative form describe the physical resources of the law firm and list the physical address of the law firm for the previous ten (10) years. Request for Proposal- City Attorney 3) Municipal Litigation Experience Briefly describe the law firm's litigation experience and whether the individual attorney or law firm is an approved defense counsel for the Texas Municipal League Risk Pool. 4) Service Philosophy Briefly describe the service philosophy of the law firm and what if anything distinguishes the law firm from other attorneys or law firms. 5) Method of Service Briefly describe the method of how the law firm will provide legal services to the City. In addition, discuss what is the law firm's approach with regard to clerical support, preparation of legal documents, how often the lead attorney would be available to the City Council, City Manager and staff? Also review how does the attorney or law firm see its role in serving in the City? 6) Assigned Personnel Provide the name and municipal experience of each attorney who will be providing legal services (including municipal court prosecution services) to the City, and area(s) of responsibility. 7) Municipal Client List and References List of current municipal clients for which the individual attorney or law firm serves as City Attorney and provides general services including the name, position and phone number for client reference. 8) Transition Coordination Describe the approach and suggestions for the transition from the current City Attorney to a new law firm. 9) Fee Structure Describe the fee structure, including any monthly retainer, hourly rates and reimbursable expenses proposed by the law firm. The hourly rate shall note the incremental minutes of the hourly billing rate. The proposed compensation package shall be inclusive of all service costs. The fee structure should be presented on, at least as one option an hourly basis billable with a monthly retainer for attendance at the two regular monthly City Council meetings. The City will select the finalist by considering the proposed compensation as a "best and final offer," although the City reserves the right to negotiate terms as needed to improve elements of the proposal to best meet the needs of the City, including cost. 10) Conflict of Interest Statement Provide a statement that the individual attorney or law firm agrees, while serving as the City Attorney, not to undertake any representation of any person or entity in any matter adverse to the City. State whether the law firm represents any adjoining or neighboring municipality to the City of Colleyville or other public entity within Tarrant County. Also, indicate if the law firm currently represents any real estate development interest or company either currently or anticipating conducting business with the City. Request for Proposal- City Attorney Minimum Qualifications: The City Attorney (partners and/or associates) must: (a) posses a Juris Doctorate degree and have graduated from a law school accredited by the American Bar Association; (b) be a member in good standing of the Texas State Bar Association; (c) be able to demonstrate experience in the field of municipal law; and (d) must be available by telephone, cell phone, telefax and electronic mail. Selection Process: The selection of the City Attorney and contract award will be made by the City Council. The City Council reserves the right to reject any or all proposals, in whole or in part, waive technicalities or irregularities, and to accept any proposal if such action is believed to be in the best interest of the City. In addition, the City Council reserves the right to request any additional information from any or all proposers. Request for Proposal- City Attorney Community Overview The City of Colleyville is located halfway between Dallas and Fort Worth and only minutes from the Dallas/Fort Worth International Airport. In the heart of the mid-cities area of Northeast Tarrant County, Colleyville is synonymous with comfort, convenience and class while maintaining a refreshing, rural flavor. The City's winding roads, magnificent homes, plush parks, and lush landscaping enamor visitors and residents alike, evoking an inviting sense of community. The City is named for Dr. L. H. Colley who moved to Texas in 1880, eventually settling in the area. Dr. Colley was the town's only physician and deeply involved himself in the community. The demographics show that today's Colleyville is 13.1 square miles; the community is approximately 80% developed; the current population is just over 20,000; the median household income is $117,419; 94% of homes are owner-occupied; 55.7% of the residents work professionally and 56.6% have earned a Bachelor's degree or higher. With an average home value of $315,631, over 20% of households have an income exceeding $200,000. 0 Magazine ranked Colleyville as the fifth best suburb for residence in the entire Dallas and Fort Worth Metroplex in its July 2004 issue. The Municipal Organization The City of Colleyville was founded in 1956. The City Charter was initially adopted in 1976. Colleyville has approximately 169 employees and operates under a Council-Manager form of government. The various operating departments all report directly to the City Manager. The City Attorney provides advice and counsel to each of the operating departments and elected officials. The City is governed by a six-member City Council, composed of a Mayor and five Councilmembers, all elected at large. City Manager Bill Lindley is entering his fourth year with the City. Mr. Lindley has worked with Texas local governments for the past twenty-two years, serving as either City Manager or Assistant City Manager with four previous cities. The Mayor and Council include: . Joe Hocutt, Mayor, has served in office one year following two years as a Council member (Occupation - Commercial Printing) . Jon Ayers, Mayor Pro-Tem, Place 4, has served on the City Council since May 2003 (Occupation - Attorney) . Mark Skinner, Place 1 Councilmember, has served on the City Council since May 2003 (Occupation - Commercial Real Estate Broker) . Elaine Dolan, Place 2 Councilmember, has served on the City Council since May 2003 (Occupation - Financial Representative) Request for Proposal- City Attorney · Rich Hendler, Place 3 Councilmember, has served on the City Council since May 2002 (Occupation - Sales-Marketing Director) · Tom Hart, Place 5 Councilmember, was elected to serve on the City Council May 2004 (Occupation - Corporate Fraud Investigator). City Manager Bill Lindley is entering his fourth year with the City. Mr. Lindley has worked with Texas local governments for the past twenty-two years, serving as either City Manager or Assistant City Manager with four previous cities. The Combined Budget for the 2004-2005 fiscal year (October 1 - September 30) is $27.2 million (General Fund ($13.9 million). The City Attorney provides advice and counsel to each of the operating departments and elected officials. Along with this, the City Attorney provides legal advice for the City's Sales and Use Tax Special Purpose Crime Control District and the 4B. In addition, the City Attorney provides legal advice for the City's Tax Increment Financing District. Description of Legal Services The City Attorney will: · Provide legal advice, counsel, services, training, consultation, and opinions to the City Council, Boards and Commissions, and all levels of the City government, on a wide variety of civil assignments, including but not limited to land use planning, laws against discrimination, economic development, police enforcement, construction of public works, condemnation, purchasing and procurement, leasing, purchase and sale of property, employment legal matters, public disclosure issues, and tort law. The City Attorney's advice includes methods to avoid civil litigation and preventive legal advice to reduce losses from claims and lawsuits. · Furnish legal representation at City Council (1st & 3rd Tuesday of each month), Planning and Zoning Commission (2nd & 4th Monday of each month), and Zoning Board of Adjustment (as scheduled) and other meetings or attend meetings of other City boards as requested by the City Council or City Manager. · Be the legal advisor to the City Council, Boards and Commissions, and the City Manager with respect to any legal matter pertaining to the affairs of the City. · Upon the City Attorney's own initiative or upon the direction of the City Councilor City Manager to appear in any and all litigation affecting the City and to represent the City in such manner as the City Attorney deems to be to the best interest of the City, and to institute, with City Council approval, such legal proceedings as may be necessary or desirable on behalf of the City. Obligations of this service will be in concert with those cases where City insurance companies are required to provide defense, or where the City Council chooses to retain specialized or other legal services. Request for Proposal- City Attorney In such cases, the City Attorney will work cooperatively with the appropriate law firm as needed. . Prepare and review contracts, inter-local cooperation agreements, ordinances and resolutions, and other documents for legal correctness and acceptability. . Review contracts, bonds, deeds, securities and insurance requirements required by or for City contracts or activities. · The City Attorney shall, among other items: a) provide legal advice relating to Open Meetings Act and the Public Information Act; b) provide legal advice relating to elections and ethics; c) serve as legal advisor for the police and fire departments; d) provide legal advice regarding land use, zoning, planning, platting and code enforcement; e) provide legal advice regarding human resource and employment matters; f) provide legal advice regarding economic development matters and eminent domain; g) provide legal advice regarding financial matters, procurement and public works and capital projects; h) provide litigation services as needed; and, i) Provide Municipal court prosecution each Thursday as needed including the preparation of municipal court complaints, jury charges and other forms. · Coordinate with other special counsel, as needed, to assure proper management of legal issues, and proper coordination and transition of legal issues among special counsel. Service will include the supervision of legal services performed for the City by retained counsel. · Assist City officials and employees to maintain awareness of ethical standards and appearance of fairness of standards and to avoid potential conflicts of interests, prohibited transactions and the appearance of prohibited transactions. · Assist officials and employees to understand the legal roles and duties of their respective offices and interrelationships with others. . Provide the Mayor and Councilmembers with guidance as to Robert's Rules of Orders and related procedural matters relating to City Council meetings. . Prepare legal opinions at the request of the City Councilor the City Manager. · Provide the City Council and City Manager a legal perspective and advice on various governmental issues of State, Federal and local laws and make recommendations for compliance and enforcements. Request for Proposal- City Attorney · Perform other legal services and tasks as assigned by the City Councilor City Manager. PRE COUNCIL CC@,0 AGENDA BRIEFING 7c.'x~$ MEETING DATE: i ITEM#: i 01/04/05 PC-3 CITY MANAGER i DEPARTMENT HEAD i FINANCE REVIEW I Previous Action: None DEPARTMENT: OFFICE OF CITY MANAGER SUBJECT: Update and discussion of the Colleyville City Charter Review Committee progress This agenda item provides an opportunity, as requested by the Committee Chairperson, to provide an update to the City Council on the current work progress of the Colleyville City Charter Review Committee. No material is provided with the packet since the Chairperson will provide a verbal update for City Councilmembers. PRE COUNCIL CCe0 TC':x~::> AGENDA BRIEFING MEETING DATE: I ITEM#: i 01/04/05 PC-4 CITY MANAGER : DEPARTMENT HEAD I ~ FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Budget Development for FY2006 At the September 21, 2004 Council meeting, there was discussion among the City Council regarding citizen involvement in the budget process. Based on that discussion, staff has begun developing a plan for integrating citizen education and input initiatives in the FY2006 budget process. This plan would also fit with the Council's Work Initiative regarding a Sustainable Budget. The purpose of this agenda item is to allow the Council an opportunity to review the recommendations for modifications and additions. Attachment . Public Education/Input Plan FY2006 BUDGET PUBLIC EDUCA TIONIINPUT PLAN Goals Defined goals help drive success. · Integrate public education and input initiatives in the budget process (1) Provide timely and informative budget materials (2) Provide opportunities to receive feedback and comments (3) Summarize feedback received and how incorporated into budget Audiences When possible, cities should identify target audiences and craft budget messages to their particular interests. · Civic and community organizations · Neighborhood associations · Boards and Commissions · Business community · City staff Public Education/Input Plan The idea is to select tools that are most effective at getting the right messages to the right audiences. (See attached chart) Primary Spokespersons · Mayor and City Council · City Manager · City Staff BudQet Website information Cable channel presentation Budget newsletter Fact sheets/handouts Mailings Feedback cards Budget-in-Briefs Email Hotline Total $ 500 o o 300 400 100 1,700 o o $ 3,000 FY2006 BUDGET PUBLIC EDUCA TION/INPUT PLAN CITIZEN INITIATIVES STAFF INITIATIVES January 2005 Base budgets developed February 2005 Base budgets developed March 2005 (1) City Council review of FY2005 Budget (2) Feedback cards distributed (March 2nd City Council Meeting) (1 ) Budget Fact Sheets and feedback cards Base budgets developed distributed BAF Kickoff Meetings with staff (1 ) Budget information posted on City website and cable channel (1 ) Budget process highlighted in City newsletter (2) Community Budget Day (Saturday, March 19th) (2) Email provided for comments April 2005 (1) Budget information posted on City (1 ) Budget kickoff information included in website and cable channel staff newsletter (2) City Council discussion of FY2006 (2) Email provided for comments Budget Development (April 6th City Council Meeting) Budget Kickoff Meetings with Staff (2) Email provided for comments Base budgets distributed Departments develop base budget proposals May 2005 (1) Budget information posted on City (2) Email provided for comments website and cable channel (2) Email provided for comments Base Budgets Departmental Presentations June 2005 (1 ) Budget information posted on City (2) Email provided for comments website and cable channel (1) Budget information included in City Preliminary budget due from Budget newsletter Committee to City Manager (2) Email provided for comments City Council Budget Worksessions - Review Council Work Initiatives and FY2006 Budget development (Thursday, June 9th & Friday, June 1 dh) July 2005 (1) Budget information posted on City (2) Email provided for comments website and cable channel (2) Email provided for comments City Manager finalizes proposed budget and distributes budget recommendations to City Council 2 FY2006 BUDGET PUBLIC EDUCA TION/INPUT PLAN CITIZEN INITIATIVES STAFF INITIATIVES September 2005 (1 ) Proposed budget highlights posted on (2) Email provided for comments City website and cable channel (1 ) Budget Fact Sheets distributed (2) Email provided for comments BudgetlTax Rate Ordinances - First Reading and Public Hearing (Tuesday, September &h) BudgetlTax Rate Ordinances - Second Reading, Public Hearing and adoption of Ordinances (Tuesday, September 2dh) October 2005 (1 ) Adopted Budget highlights posted on (1) Adopted Budget highlights included in City website and cable channel staff newsletter (3) Follow-up letter/email sent to budget (3) Follow-up letter/email sent to budget participants participants November 2005 (1) Adopted Budget highlights posted on City website and cable channel December 2005 (1 ) Budget-in-Brief distributed (1) Budget-in-Brief distributed Notes: . The initiatives are numbered based on the corresponding goal listed at the beginning of the Public Education/Input Plan. . Items in italics reflect the existing budget process. · All dates are subject to change. 3 PRE COUNCIL citr Of CC~n0 AGENDA BRIEFING lC'xt\$ MEETING DATE: I ITEM#: ' 01/04/05 PC-5 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the January 4, 2005, City Council regular agenda items This item provides the opportunity for the City Council to discuss the regular City Council agenda items. CITY COUNCIL Cuy Qf CCe0 AGENDA BRIEFING ;en:,,:;. MEETING DATE: ITEM#: RESOLUTION #: 01/04/05 1 N/A CITY MANAGER i DEPARTMENT HEAD i FINANCE REVIEW i N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.074 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Environmental Conservation Organization (UECO"), Montclair Parc Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Pending Litigation - Helen Boyce Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Personnel - City Attorney CITY COUNCIL cc~n0 AGENDA BRIEFING IC'X"$, MEETING DATE: ITEM#: RESOLUTION #: 01/04/05 2 N/A CITY MANAGER i DEPARTMENT HEAD i ! FINANCE REVIEW! N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENT A TIONS PLAQUES - In recognition of service on the SH26 Advisory Committee - Kim Gill, Lorna McElaney and Kipp Whitman PLAQUES - In recognition of service on the Parks and Recreation Advisory Board - Peter O'Brien, Chris Foy and Chuck Thomas Presented to KIM GILL In Appreciation for Dedication and Service on the SH26 Advisory Committee 2002-2004 Presented to LORNA McELANEY In Appreciation for Dedication and Service on the SH26 Advisory Committee 2002-2004 Presented to KIPP WHITMAN In Appreciation for Dedication and Service on the SH26 Advisory Committee 2002-2004 Presented to PETER O'BRIEN In Appreciation for Dedication and Service on the Parks and Recreation Advisory Board 2002-2004 Presented to CHRIS FOY In Appreciation for Dedication and Service on the Parks and Recreation Advisory Board 2001-2004 Presented to CHUCK THOMAS In Appreciation for Dedication and Service on the Parks and Recreation Advisory Board 2001-2004 RESOLUTION R-05-2490 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING JANUARY 4, 2005 WHEREAS, 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 Council action under Consent Items as follows are hereby adopted: a. Approval of minutes of the regular City Council meeting of December 21, 2004 b. Approval of a request by Colleyville Presbyterian Church to extend the time period to allow two portable buildings to remain on the property located at 715 Cheek Sparger Road, Case G-04-034 AND IT IS SO RESOLVED. APPROVED ON THIS THE VOTE OF AYES, DAY OF NAYS AND 2005, BY A ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor MINUTES OF THE CITY COUNCIL MEETING DECEMBER 21, 2004 The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on December 21,2004, at 5:19 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler and Tom Hart were present. Mayor Joe Hocutt, City Manager Bill Lindley, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Engineer Chad Bartee, Economic Development Manager Scott Welmaker, Financial Analyst Kacey Bess and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers was absent. PC-1. Update of Economic Development Initiatives The meeting was adjourned prior to this item being discussed. PC-2. Discussion of a Branding and Marketing Development Program Economic Development Manager Scott Welmaker provided information regarding a Branding and Marketing Development Program and answered questions of the Council. There was general discussion regarding the design of a City logo. Council determined that a worksession would be held January 18, 2005 at 4:00 p.m. in the Executive Conference Room for the purpose of discussing the Branding and Marketing Development Program. PC-3. Presentation of Monthly Financial Report The meeting was adjourned prior to this item being discussed. CITY COUNCIL MINUTES DECEMBER 21,2004 PC-4. Discussion of December 21,2004, City Council regular agenda items Council determined that Item b of the Consent Resolution would be considered on Ending Resolution R-04-2489. Discussion ensued regarding notification of residents, drainage easement used as pedestrian path, maintenance of right-of-way, removal of trees and potential sale of the City property. Mayor Hocutt adjourned the meeting at 5:59 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt on December 21,2004, at 6:56 p.m. ROLL CALL: Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley, Community Development Manager Barry LeBaron, Community Development Coordinator Clayton Husband, Engineer Chad Bartee, Financial Analyst Kacey Bess, Microcomputer Technician Chris Pena, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Rachel Beveridge, Plaintiff vs. City of Colleyville, Defendant Environmental Conservation Organization (UECO"), Montclair Parc Home Owners Association and John Smith, Plaintiffs vs. David Bagwell, David Bagwell Company, Broughton Limited Partnership, Defendants vs. Mario Sincola & Sons Excavating, Inc., Gonzalez & Schneeberg, Engineers & Surveyors, Inc., City of Colleyville, The Lawn Firm, Inc., Fred Monks, Sr., Thomas Monks, and Cunningham Commercial Enterprises, Inc., Third Party Defendants Pending Litigation - Helen Boyce Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard 2 CITY COUNCIL MINUTES DECEMBER 21,2004 Mayor Hocutt explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property and Section 551.074, Personnel. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:57 p.m. and reconvened at 7:32 p.m. The invocation was given by Associate Pastor Eric Vaughan of First Baptist Church and City Attorney Ross Foster led the Pledge of Allegiance. 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS There were no announcements. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-04-2483 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 7, 2004 b. Approval of an Encroachment and Joint Use Agreement on Lot 18, Block 3, Brighton Oaks Addition, located at 3101 Hickory Hill Lane, Case G-04- 035 c. Approval of Contracts for Printing Services to JMAC Enterprise and Datamax Mayor Hocutt opened the public hearing and read Resolution R-04-2483 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-04-2483, with the amendment to move Item b to the ending resolution and that ending Resolution R-04-2489 be considered immediately after Item 3. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 3 CITY COUNCIL MINUTES DECEMBER 21,2004 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1494 - Approval of a Special Use Permit for an accessory building located on Lot 1, Block 1, Wood Estate, located at 411 McDonwell School Road East, Case Z-04- 037 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1494. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Ordinance 0-04-1494. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1495 - Approval for a Zoning Change from AG to CC1 on property located at 6401 and 6405 Colleyville Boulevard, Case Z-04-038 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1495. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Dolan moved to approve Ordinance 0-04-1495. Councilman Hart seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1496 - Approval of Amendment to Chapter 22, Article VI of the Code of Ordinances regarding Mass Gathering Regulations, Case G-04-026 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1496. 4 CITY COUNCIL MINUTES DECEMBER 21,2004 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Skinner moved to approve Ordinance 0-04-1496. Councilman Dolan seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-04-1497 - Approval of an Amendment to Chapter 3, Section 2.24.D of the Land Development Code regarding Temporary Use Permits for community special events, Case Z-04-036 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1497. Mr. David Bagwell, 8222 Douglas Avenue, Suite 605, Dallas, Texas, expressed appreciation to staff for incorporating his suggestions into the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding reasons for the proposed temporary use permits for events less than 500 persons, the time period for numerous events and regarding the use of tents. Councilman Skinner moved to approve Ordinance 0-04-1497. Mayor Pro Tem Ayers seconded the motion with a friendly amendment to Section 5.5 to remove the following sentence: Only one permit for a Community Special Event shall be issued to the same civic or non-profit organization within a 180 day period. Councilman Skinner accepted the friendly amendment. Ayes: Councilpersons Skinner, Hart and Mayor Pro Tem Ayers Nays: Council persons Dolan and Hendler Mayor Hocutt declared the motion carried. 5 CITY COUNCIL MINUTES DECEMBER 21,2004 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1498 - Approval of a Zoning Change from AG to R40 on Block 1, Lots 1 and 2, Cooper Addition located at 7300 John McCain Road, Case Z-04-039 Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1498. Mr. David Bagwell, 8222 Douglas Avenue, Suite 605, Dallas, Texas, spoke in favor of the proposed ordinance and regarding the quality of homes built by Bailey Draper. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1499 - Approval of a City Developer Agreement with Broadland Limited Partnership for Whittier Heights Additions Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1499. Mr. David Bagwell, 8222 Douglas Avenue, Suite 605, Dallas, Texas, spoke regarding the Westmont, Whittier Heights and Old Grove Developments and regarding the development and maintenance of the trails. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Councilman Hendler stated that he would like to tour the City's hike and bike trails. City Manager Bill Lindley spoke regarding the maintenance of trees along the trails. 10. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1500 - Approval of a City Developer Agreement with Old Grove Limited Partnership for Old Grove Additions Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-04-1500. Mr. David Bagwell, 8222 Douglas Avenue, Suite 605, Dallas, Texas, stated he would be pleased to tour the trails with Council members. Ms. Linda Baker, 4900 Behrens Road, spoke regarding the condition of the trails and Mr. Bagwell's development of the trails. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. 6 CITY COUNCIL MINUTES DECEMBER 21,2004 11. READING AND PUBLIC HEARING - Resolution R-04-2484 - Consideration of appointments to the SH26 Advisory Committee Mayor Hocutt opened the public hearing and read Resolution R-04-2484 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor opened the floor for nominations for the first position. Mayor Hocutt expressed appreciation to the applicants for their willingness to serve. Mayor Hocutt nominated Joyce Hammill. There were no other nominations and Mayor Hocutt declared Joyce Hammill appointed to the SH26 Advisory Committee by acclamation. Mayor Hocutt opened the floor for nominations for the second position. Councilman Hendler nominated Butch Wallace. There were no other nominations and Mayor Hocutt declared Butch Wallace appointed to the SH26 Advisory Committee by acclamation. Mayor Hocutt opened the floor for nominations for the third position. Councilman Dolan nominated Louis Miller. There were no other nominations and Mayor Hocutt declared Louis Miller appointed to the SH26 Advisory Committee by acclamation. Mayor Hocutt opened the floor for nominations for the fourth position. Mayor Pro Tem Ayers nominated Ronald Edington. There were no other nominations and Mayor Hocutt declared Ronald Edington appointed to the SH26 Advisory Committee by acclamation. Mayor Hocutt opened the floor for nominations for the fifth position. Councilman Skinner nominated Kipp Whitman. Councilman Dolan nominated Robert Potter. There were no other nominations and Mayor Hocutt called for the vote. 7 CITY COUNCIL MINUTES DECEMBER 21,2004 Kipp Whitman: Robert Potter: Councilman Skinner Councilpersons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Mayor Hocutt declared Robert Potter appointed to the SH26 Advisory Committee. Mayor Hocutt opened the floor for nominations for the sixth position. Councilman Hart nominated Ernest Hedgcoth. Councilman Hendler nominated Martha Walker. There were no other nominations and Mayor Hocutt called for the vote. Ernest Hedgcoth: Martha Walker: Councilpersons Hart, Skinner and Mayor Pro Tem Ayers Councilpersons Hendler and Dolan Mayor Hocutt declared Ernest Hedgcoth appointed to the SH26 Advisory Committee. Councilman Hendler moved to approve Resolution R-04-2484, appointing Joyce Hammill, Butch Wallace, Louis Miller, Ronald Edington, Robert Potter and Ernest Hedgcoth appointed to the SH26 Advisory Committee. Mayor Pro Tem Ayers seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-04-2485 - Consideration of appointments to the Parks and Recreation Advisory Board Mayor Hocutt opened the public hearing and read Resolution R-04-2485 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor opened the floor for nominations for the first position. Mayor Pro Tem Ayers moved to approve Resolution R-04-2485 appointing Vince Rosen and Jerry Birkes to the Parks and Recreation Advisory Board. Councilman Skinner seconded the motion. 8 CITY COUNCIL MINUTES DECEMBER 21,2004 Mayor Hocutt stated that Mr. Rosen will continue to serve in Place 3 and Mr. Birkes will serve in Place 1 and the other two positions whose terms have expired are being re- advertised. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-04-2486 - Consideration of appointments to the Tax Increment Financing District Board of Directors Mayor Hocutt opened the public hearing and read Resolution R-04-2486 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor Hocutt opened the floor for nominations for the first position. Councilman Skinner nominated Councilman Hendler. There were no other nominations and Mayor Hocutt declared Councilman Hendler appointed to the Tax Increment Financing District Board of Directors by acclamation. Mayor Hocutt opened the floor for nominations for the second position. Councilman Hendler nominated Councilman Dolan. There were no other nominations and Mayor Hocutt declared Councilman Dolan appointed to the Tax Increment Financing District Board of Directors by acclamation. Mayor Hocutt opened the floor for nominations for the third position. Mayor Pro Tem Ayers nominated Councilman Hart. There were no other nominations and Mayor Hocutt declared Councilman Hart appointed to the Tax Increment Financing District Board of Directors by acclamation. Mayor Hocutt opened the floor for nominations for the fourth position. Councilman Dolan nominated Mayor Pro Tem Ayers. There were no other nominations and Mayor Hocutt declared Mayor Pro Tem Ayers appointed to the Tax Increment Financing District Board of Directors by acclamation. 9 CITY COUNCIL MINUTES DECEMBER 21, 2004 Mayor Hocutt opened the floor for nominations for the fifth position. Councilman Hart nominated Mayor Hocutt. Councilman Dolan nominated Richard Newton. Mayor Hocutt called for the vote. Joe Hocutt: Richard Newton: Council persons Skinner and Hart Councilpersons Dolan, Hendler and Mayor Pro Tem Ayers Mayor Hocutt declared Richard Newton appointed to the Tax Increment Financing District Board of Directors. Councilman Dolan moved to approve Resolution R-04-2486 appointing Rich Hendler, Elaine Dolan, Tom Hart, Jon Ayers and Richard Newton to the Tax Increment Financing District Board of Directors. Councilman Hendler seconded the motion. Ayes: Councilpersons Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilperson Skinner Mayor Hocutt declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-04-2487 - Appointing a Tax Increment Financing District Board of Directors' Chairman Mayor Hocutt opened the public hearing and read Resolution R-04-2487 in its entirety. There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Mayor opened the floor for nominations for Chairman of the Tax Increment Financing District Board of Directors. Mayor Pro Tem Ayers nominated Councilman Hendler. There were no other nominations and Mayor Hocutt declared Councilman Hendler Chairman of the Tax Increment Financing District Board of Directors by acclamation. Councilman Dolan moved to approve Resolution R-04-2487. Councilman Hart seconded the motion. 10 CITY COUNCIL MINUTES DECEMBER 21, 2004 Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-04-2488 - Approval of a Request by Congregation Beth Israel to move a portable building to property located at 6100 Pleasant Run Road, Case G-04-024 Mayor Hocutt opened the public hearing and read Resolution R-04-2488 in its entirety. Mr. Wade Evans, 800 Shelton Drive, spoke in opposition to the proposed Resolution. Ms. Terri Workman, 6001 Hunter Lane, spoke regarding a landscape barrier between the portable building and residential property. Ms. Twyla Kerlee, 800 Shelton Drive, spoke in opposition to the proposed resolution and regarding the use of the portable buildings. Mr. James Day, 805 Shelton Drive, spoke in opposition to the proposed resolution. Mr. AI Kramer, 2703 Cottonwood Lane, representing Congregation Beth Israel, spoke regarding the timetable for Phase I, landscaping, construction of a fence between the portable buildings and the residential area and answered questions of the Council. There were no others present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Discussion ensued regarding the hours of operation and timetable for use of the portable buildings and landscaping. Mr. Wade Evans, 800 Shelton Drive, answered questions of the Council. Councilman Hart moved to deny Resolution R-04-2488. Councilman Dolan seconded the motion. Ayes: Councilpersons Dolan, Hart and Mayor Pro Tem Ayers Nays: Councilman Hendler and Skinner Mayor Hocutt declared the motion carried. 11 CITY COUNCIL MINUTES DECEMBER 21,2004 REPORTS: 16. COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES - October 11, 2004 COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE MINUTES - December 2, 2004 COLLEYVILLE CITIZEN'S CHARTER REVIEW COMMITTEE MINUTES - December 8,2004 There was no action taken on this item. CITIZEN COMMENTS: 17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. David Bagwell, 8222 Douglas Avenue, Suite 605, Dallas, Texas spoke regarding the lots in Whittier Heights and the 2003 Building Code and requested that an expert in the international building code speak to Council regarding hand rails. ACTION/RESOLUTION: 18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 21, 2004 - Reading and Public Hearing - Resolution R-04-2489 Item b, on Consent Resolution R-04-2483, "Approval of an Encroachment and Joint Use Agreement on Lot 18, block 3, Brighton Oaks Addition, located at 3101 Hickory Hill Lane" was moved to Ending Resolution R-04-2489. Mayor Hocutt opened the public hearing and read Resolution R-04-2489 in its entirety. Mr. Gerald Gallagher, 3024 Sherwood Lane, spoke regarding construction of a fence in the right-of-way, the drainage ditch used as a footpath, the removal of trees and shrubs and regarding residential notification of future requests. Ms. Theresa Fay, 2905 Hickory Hill Lane, spoke regarding the pedestrian path, the removal of shrubs and trees and in opposition to the proposed resolution. Ms. Debbie Liggett, 2909 Hickory Hill, spoke regarding the pedestrian trail. Ms. Julia White, 2904 Hickory Hill, spoke in opposition to the proposed resolution. Ms. Lisa Gallgher, 3024 Sherwood Lane, spoke regarding the pedestrian trail and in opposition to the proposed resolution. 12 CITY COUNCIL MINUTES DECEMBER 21,2004 There was no one present wishing to speak concerning this item and Mayor Hocutt closed the public hearing. Community Development Manager Barry LeBaron provided an overview of the request for the Encroachment and Joint Use Agreement. Discussion ensued regarding the removal of the trees and shrubs and drainage. Mayor Hocutt stated that Ms. Susie Grundy requested that it be stated for the record that she is opposed to Resolution R-04-2489 and that the City should not give away property. Discussion continued regarding the provisions for removal of trees in the right-of-way in the Land Development Code. City Attorney Ross Foster stated, "Barry may be looking at it from the perspective of what is required as opposed to what is prohibited. I don't think the Land Development Code goes into everything that is prohibited. This gets into different areas as far as the actual ownership of the property. I don't know on this particular property whether the City owns the right-of-way in fee or whether we simply have an easement and the adjacent property owners own to the middle of the roadway the underlying fee. There are different ways in which the City holds easements for rights-of-way. If the owner owns the fee underneath the right-of-way, which is on your property, as long as you are not doing something inconsistent with the City's right to use the property as right-of - way, then you have the continued right to manage or use your property in that fashion. That same thing would be true on this particular street if the individual owns the underlying fee to the middle of the roadway. I don't know whether they do or they don't. If they don't own the underlying fee, then they have no right to go upon that property and do anything, and that would also be true of any other property owner that doesn't have the right to go upon either property the City owns in fee or where someone else owns the underlying fee; they don't have the right to go upon that property and remove anything or do anything of that nature". Mayor Pro Tem Ayers moved to deny Resolution R-04-2489. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the motion carried. ADJOURNMENT: 19. ADJOURNMENT 13 CITY COUNCIL MINUTES DECEMBER 21,2004 Councilman Hendler announced that Community Development Coordinator Clayton Husband has accepted a position in Burleson, Texas and commended Mr. Husband for a job well done. Councilman Hart expressed appreciation for Mr. Husband's service and stated he will be missed. Councilman Hart wished everyone a happy holiday. There being no further business before the City Council, Councilman Hart moved to adjourn. Councilman Skinner seconded the motion. Ayes: Councilpersons Skinner, Dolan, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Hocutt declared the meeting adjourned at 9:17 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2005, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 14 To: Colleyville City Council From: Board of Trustees, Covenant Christian Academy Re: Use of Portable Buildings On behalf of the Covenant Christian Academy (CCA) Board of Trustees, we would like to request a (minimum) 3-year extension to the permit for the use of our portable buildings on the campus of CCA and Colleyville Presbyterian Church (CPe) for the following reasons: 1. The temporary portable buildings located on the campus of CPC are owned by Covenant Christian Academy. CPC has graciously allowed CCA to place the buildings on their property, in exchange for the use of the buildings on Sundays for the church's classroom space. During the week, CCA uses the buildings as elementary school classrooms, grades 1-6. Together (CCA and CPC), the buildings provide valuable educational needs for nearly 500 Colleyville and Colleyville-area families on a weekly basis. 2. It is very difficult to anticipate the classroom needs for growing schools from year to year, and growth frequently outpaces the funding required to accommodate such growth. This is evident by the GCISD schools in our city that also use portables (i.e., Heritage Middle, Colleyville Middle, Colleyville Elementary, et. al.). Consequently, temporary classrooms allow schools to continue to operate until sufficient building funds can be raised for permanent classrooms. CCA is in a strong growth mode and requires temporary classrooms to meet our growing enrollment until a permanent facility can be built. 3. CCA fully understands and agrees that temporary classrooms are not desirable, long-term solutions. Consequently, for the past year the CCA Board of Trustees and administration have been actively pursuing funding options to build a permanent lower school facility, thus eliminating the school's need for portable classrooms. Currently, the school is laying the groundwork for a fundraising campaign, with the expectation to have a permanent facility built within the next 3 years. 4. CCA has a PUD-C zoning which provides for permanent classroom structures on the property behind our current facility (built as Phase I of our master plan). Phase II of our master plan calls for a lower school classroom building, and we are currently exploring timely, aesthetic, and economical construction options to meet our growing enrollment. CCA has been a valuable asset in our community for 25 years (this is our silver anniversary year). CCA's graduates' SAT scores ranks it 3m among all private schools in Tarrant county. The school's reputation and college prep curriculum have attracted many families to relocate to Colleyville, and has served an educational niche in our community. The low-cost portables have allowed the school to grow and help fund our existing building (completed in 2000), and are now allowing the school to maintain low tuition and high educational value. We believe that this combination will enable the school to raise funds more quickly for permanent structures, and eliminate our need for portable buildings. We graciously ask that the City leaders allow CCA to continue on this master- planned path of fundraising and construction, and grant the school a 3-year extension to the permit for the use of our portable buildings. If the Council has any questions regarding our plans or needs, feel free to contact one of the following school leaders: Keith Castello, Headmaster Don Hudson, Co-chair, CCA Board of Trustees Norm Cox, Co-chair, CCA Board of Trustees 817-281-4333 817-437-3415 817-267-2340 Sincerely, Norm Cox, Don Hudson Co-chairs, CCA Board of Trustees EB~ ~ w ~ en z u ~ ::t ~ Z 8 a. .J < 0 :e a. ~ ~ F< 00 0 c( Z ~ ~ ~ (J 0 ~ 0 3 - Cd w en L U) l ~ Z If( ~ ~ I:: Z 0 ~~ a. w Z~ ~ >< :> ~~ W Cd ~I- ff') U 0g --- CITY COUNCIL CC~0 AGENDA BRIEFING jl~X,,$ MEETING DATE: ITEM#: RESOLUTION # : 01/04/05 3b R-05-2490 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW I Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a request by Colleyville Presbyterian Church to extend the time period to allow two portable buildings to remain on the property located at 715 Cheek Sparger Road, Case G-04-034 - by Consent Reading and Public Hearing The Colleyville Presbyterian Church, located at 715 Cheek Sparger Road, has requested permission to allow two temporary buildings to remain on the property for three years. The two portable buildings were placed on the property with the approval of Resolution R-01-1778 on April 3, 2001. The initial time period has expired and the church is requesting the time period be extended for three years, which will extend through the end of December 2007. No construction plans have been submitted for any permanent buildings to replace the portable buildings on this campus. The two buildings are being used for classrooms. The buildings are 24' x 64' in size, and include heating and air conditioning systems and restrooms. The buildings are located west of the playground area, as indicated on the site plan. There are currently four other modular buildings at this location. Two buildings were moved to the church property in 1991 and two others were added in 1996. The approving resolutions do not impose any time limitations on these four portable buildings placed on the property several years ago. Attached is a letter from Mr. Dale Smith, Pastor, requesting the additional time period. Also attached is a copy of Section 18-33 from the Code of Ordinances, which contains the regulations for buildings moved into the city. Recommendation Approval Agenda Briefing Resolution R-05-2490 Page 2 of 2 Attachments · Location map · Site plan · Resolution R-01-1778 · Section 18-33, Code of Ordinances · Letter from the Applicant Location Map LOCATION IIAP Site Plan LOCATION OF TWO (2) PROPOSED PORTABLE BUILDINGS + J ---- lAW '. .... - ~~ (!~ ~ Site Plan - Colleyvllle Presbyterian Church EXHIBIT "A" .,.__.~.._._~_.__.,,---,-----~~_.._. RESOLUTION R-01-1778 A RESOLUTION APPROVING THE PERMIT FOR TWO ADDITIONAL PORTABLE BUILDINGS FOR COLLEYVILLE PRESBYTERIAN CHURCH WHEREAS, Colleyville Presbyterian Church has requested a permit to place two additional portable buildings at 715 Cheek Sparger Road; and WHEREAS, The City Council on April 3, 2001 t held a public hearing on the above request and received comments from all persons wishing to speak on the request. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request of Colleyville Presbyterian Church for a permit for two additional portable buildings at 715 Cheek Sparger Road is hereby approved for a period of two years to expire at the end of the school year May 2003. AND IT IS SO RESOLVED. Passed by a vote of J ayes, ~ nays and ~ abstentions on this the ...Jdday of ~~ ,2001. ATTEST: o/1~~j~ CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary ~ Donna Arp Mayor BUILDINGS AND BUILDING REGULATIONS ~ 18-33 Sec. 18-33. Moving of buildings. (a) Applicability. Should any provision con- tained in this section conflict with any other provision of the building code adopted by refer- ence in this article or with any other provision contained in this Code of Ordinances, the most stringent requirement shall prevail. (b) Definition. "Modular home or building" as used in this section means any building not erected on-site except small storage sheds designed to be placed on the rear of residential lots behind an existing residential dwelling and used for storage of tools and other articles normally associated with residential occupancy. (c) No building or structure to be moved into the city without a permit. It shall be unlawful for any person to move into, or in any manner to bring into, the corporate limits of the city any old or used house, any old or used building or struc- ture, or any assembled portion of any old or used house, building or structure, or any modular home or building, whether new or used, from outside of the corporate limits of the city for the CD18:41 ~ 18-33 COLLEYVILLE CODE purpose of placing such house, building, or struc- ture upon any lot or tract of ground for any use or occupancy of any nature whatsoever without first obtaining a permit from the city council. (d) Permit required to place old or used house, building or structure upon lot in the city. (1) It shall be unlawful for any person to move or relocate any old or used house, building, or structure, or any assembled portion of such house, building, or struc- ture, or any modular home or building, whether new or used, from one location in the city to another location, lot, or tract of land in the city without first obtaining a permit therefor from the city council. (2) Any person desiring to move or relocate any old or used house, building, or struc- ture from one location in the city to an- other location, lot, or tract of land in the city shall file an application with the city secretary requesting that he be permitted to move or relocate a particular house, building, or structure from one location to another location, lot, or tract of land in the city. Upon the filing of the application, the applicant shall pay the building offi- cial the sum of$15.00 to help pay the cost of processing the application for the city council and the cost of mailing notices required by this section. (3) The application shall contain the follow- ing information: a. N arne, address, and telephone num- ber of applicant. b. Description and size of the house, building, or structure to be moved, together with a picture thereof. c. Legal description of the lot and the local address upon which the house, building, or structure is to be moved or relocated on if a permit is granted by the city council. d. A drawing or plot plan showing the dimensions of the lot or tract of land upon which the house, building, or structure is to be moved or relocated and the location of existing buildings CD18:42 or structures upon the lot, if any, together with the location of existing buildings or structures upon adjoin- ing lots. (4) Upon the filing of the application, the building official shall investigate the ap- plication by inspecting the house, build- ing, or structure to be moved or relocated upon the lot or tract ofland and the lot or tract ofland upon which the house, build- ing, or structure is to be located. He shall then advise the city council as to whether the house, building, or structure meets the requirements of the building code and other applicable ordinances of the city, and whether or not the lot and house, building, or structure, if allowed to be moved onto the designated lot or tract of land, would meet all of the requirements of the building code and other applicable regulations of the city. (5) After receiving the application and report of the building official, the city council shall set a date for a public hearing on the application. Public notice of the public hearing shall be sent to owners of real property lying within 300 feet of the lot or tract ofland upon which the house, build- ing, or structure is to be located, such notice to be given not less than ten days before the date set for hearing, to all such owners who have rendered their property for county taxes as the ownership appears on the last approved county tax rolls. Such notice may be served by depositing the notice, properly addressed and post- age paid, in the city post office. (6) After the public hearing on the applica- tion under this section, the city council shall either grant or deny the request, taking into consideration the location and size of the lot upon which the house, building, or structure is to be located, the size and construction of the house, build- ing, or structure to be moved, the popula- tion density in the area, and the location and use of buildings, structures, and land BUILDINGS AND BUILDING REGULATIONS in the area; provided, that no request shall be granted if the city council shall find that: a. The house, building, or structure to be moved does not meet all of the requirements of all applicable ordi- nances of the city. b. The lot or tract of land with the house, building, or structure thereon would not meet all of the require- ments of the applicable ordinances of the city. c. The house, building, or structure to be moved has deteriorated more than 50 percent of its original value by virtue of fire or by virtue of age or normal wear and tear or other ele- ments. d. The moving of such house, building, or structure upon the lot or tract of land would cause injury to persons or property or damage to the streets or other public improvements. (7) If the city council shall grant the request to move such house, building, or struc- ture, the city council by resolution shall cause a special permit to be issued autho- rizing the moving of such house, building, or structure upon the lot or tract of land under such conditions, requirements, or restrictions as the city council shall deter- mine. (8) The building official of the city shall not issue a certificate of occupancy and com- pliance for the use of such house, build- ing, or structure until it complies with all requirements of all applicable ordinances of the city. (e) Safety requirements. (1) No person shall move any house, building, or structure over, across, or along any public street in the city except in accor- dance with the provisions of chapter 22, article IV, of this Code. (2) Every house, building, or other structure being moved over, across, or along any CD18.'j,,j ~ 18-56 public street after dark shall be equipped with sufficient lights continuously burn- ing for the protection of the public. There shall be a minimum of five red lights placed on each side of the building in such Planner as to indicate the extreme width, height, and size of such house, building, or structure. (3) No house, building, or other structure shall be parked or left standing for any period of time upon any public street in the city, except when in continuous travel upon such public street. (4) When more than 50 percent of the street, measured between curbs, is occupied at night by the house, building, or other structure, or when, in the opinion of the building official, flagmen are necessary to direct or caution traffic, the owner or person moving such house or building shall employ, at his expense, two flagmen to remain continuously with such house or building while the house or building is upon the public streets of the city. (f) Exceptions and exemptions not required to be negatived. In any complaint and in any action or proceedings brought for the enforcement of any provision of this section, it shall not be necessary to negative any exception, excuse, proviso, or exemption contained in this section, and the bur- den of proof of any such exception, excuse, pro- viso, or exemption shall be upon the defendant. (Code 1980, ch. 3, * HH); Ord. No. 0-01-1317, * 24, 12-18-01) Cross references--House movers, ~ 22-81 et seq.; tempo- rary removal of cable television wire for building moving, ~ 26-31. Sees. 18-34-18-55. Reserved. <Coffe.Yt)iffe Cf)res6'yterian <Cfjurcfj 817-1.98-2626 mctt'o - 81'7-1+27-3722 rnx 715 Check Spot'gct' Rood - Collc)"\lillc - Tcxos -760:3/+ November 19,2004 Mr. Barry LeBaron Development Director City of ColleyviHe 100 Main Street Colleyville, TX 76034 Dear Mr. LeBaron: It has been brought to our attention that the time has expired for two portable buildings approved for our site on April 3, 2001, by Resolution R-01-1778. We would like to request an extension of 3 years. Thank you very much for your kind consideration of our request. Sincerely, ~-/~ Dale L. Smith Pastor Pt'()s6ytcelol\ Church in AmcricCl CITY COUNCIL CC~~0 AGENDA BRIEFING 1C':",;;\$ MEETING DATE: ! 01/04/05 ITEM #: I 4 ORDINANCE #: I 0-04-1498 CITY MANAGER ! DEPARTMENT HEAD ! FINANCE REVIEW I Previous Action: 12/21/04 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from AG to R40 on Block 1, Lots 1 and 2, Cooper Addition located at 7300 John McCain Road, Case Z-04-039 Second Reading and Public Hearing First Reading and Public Hearing Backqround Bailey Draper is the developer of 4.69 acres located on the east side of John McCain Road, just south of Bandit Trail. Mr. Draper has submitted a request to change the zoning on the property from AG Agricultural to R40 Single Family Residential. The applicant is seeking a zoning change in order to construct new residences on the property for his father and brother. Mr. Draper's father and brother are the current owners of the property. Single family residences are currently located on the property. The surrounding property is residential in nature. Properties to the north, south and east are zoned AG and are developed as single family residences. Property to the west, across John McCain Road, is zoned R20 and is developed as a single family residence. The Master Plan indicates that all the property on Colleyville Boulevard is anticipated to be developed for commercial uses in the future. The Colleyville Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This particular goal includes several objectives relative to this zoning change request: . Continue development of luxury residential areas while maintaining the "country feel" along major collector streets . Encourage redevelopment of older properties located along major collector streets into estate settings . Preserve larger lot sizes, i.e., 30,000 sq. ft. and up, and promote the redevelopment or combination of smaller lots into larger estate lots . Encourage large scale single lot development on major thoroughfares as "estate" properties The portion of John McCain Road adjacent to this property is classified as a Minor Collector street by the Master Thoroughfare Plan. The proposed request appears to satisfy the objectives of this goal. This property is also located in Neighborhood 6, as identified in The Agenda Briefing Ordinance 0-04-1498 Page 2 of 2 Colleyville Plan. One of the significant neighborhood issues identified by the citizens during the preparation of the plan was to maintain areas for larger lot development. Impact Issues 1. Master Plan. This property is in Neighborhood 6, as identified in The Colleyville Plan. The property is designated for future use as single family residential land uses. This request is consistent with the goals and objectives of The Colleyville Plan. 2. Surrounding Properties. All of the surrounding properties are developed as single-family residences, either within a subdivision or on acreage tracts. 3. Development Trends. The long-term trend for this area is for single-family development. Over the last five years, several new single family subdivisions have been constructed southwest of the property. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of- way. The developer is responsible for the extension of utilities to the lot if necessary. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the property is valued at $315,900. The estimated City property tax revenue for the property is $1,097 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6. Traffic Generation. Since the two proposed lots are already developed with single family residences, no increase in traffic generation is expected. 7. Public Notification. Staff mailed notices to 16 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted a public hearing and considered this request at the November 22, 2004 meeting. The Commission recommended approval by a unanimous vote. Recommendation Approval Attachments . Location & Zoning Map . List of Property Owners Notified · Ordinance 0-04-1498 Location & Zoning Map JlJ4 G <0, ---- "!4;)4 7504 74f1O $-~l(>{) lAG-m .''', \ _n m___+__~mm ((l Z-04-039 Cinotto, Gary R Etux Jean M 4300 Green Meadow St. E. Colleyville, TX 76034 Walker, Grady M Etux Zerena PO Box 1905 Colleyville, TX 76034 Neff, T. Brent Etux Lacretai J. 204 John McCain Rd. Colleyville, TX 76034 Zim, Aldwin Etux Christine PO Box 1125 Bedford, TX 76021 Coleman, Josh D & Christina M 7204 John McCain Rd. Colleyville, TX 76034 Holt, Dale M Etux Roxanne G 116 John McCain Rd. Colleyville, TX 76034 Billings, Florence L PO Box 1228 Colleyville, TX 76034 Draper, James T Jr Etux Carol 511 Waxwood Dr. Brentwood, TN 37027 Epperson, Larry Etal Ann R 7308 John McCain Rd. Colleyville, TX 76034 Draper, James Etux Elizabeth 7404 Belle Meade Dr. Colleyville, TX 76034 Hightower, Roxanne S. 104 John McCain Rd. Colleyville, TX 76034 Jamieson, Matthew B. PO Box 1037 Colleyville, TX 76034 Aycock, Michael W & Janet 7207 Belle Meade Dr. Colleyville, TX 76034 Newgren, Dennis Etux Judith 200 John McCain Rd. Colleyville, TX 76034 Old Grove Ltd. Prtnshp. 8222 Douglas Ave. Ste 605 Dallas, TX 75225 Draper, Bailey applicant 1828 Kinsale Dr. Keller, TX 76262 ORDINANCE 0-04-1498 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 4.687 ACRES OUT OF THE WILLIAM CROOK SURVEY, ABSTRACT 295, FROM THE AG AGRICULTURAL DISTRICT TO THE R40 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING- A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Bailey Draper on November 1, 2004, under Case No. Z-04-039; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A" and described by metes and bound as shown on attached Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the R40 Single Family Residential district. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Ordinance 0-04-1498 Page 2 of 2 Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney EXHIBIT A - ZONING MAP G ::104 7404 "04 .......---- ----f--- ::g ------- ~:, ,,' ----. 1400 (I '- ". ~ ".--- I-I . I - ~ - ~~Ll~1 It- AG- '--:-'.. 1301 ....... /1 i 7200 / ',04 I , t------ J I I rmmm-/ I /1" .. .~L 'I I I I ~)s: 'QOO S(;f; 4!)1 L &l: EXHIBIT B - METES AND BOUNDS DESCRIPTION WHEREAS, James R. Draper, Elizabeth L. Draper, James T. Draper Jr. and Carol Ann Draper, are the owners of a tract of land situated in the William Crook Survey, Abstract No. 295, Tarrant County, Texas as shown in Volume 13737 at Records of Tarrant County, Texas, and being more particularly described as follows: Being a description of a 4.687 acre tract of land situated in the William Crook Survey, Abstract No. 295, in the City of Colleyville, Tarrant County, Texas. Being all of Lots 1 and 2 in Block One of Cooper Addition, an addition to the City of Colleyville as shown on the Plat recorded in Volume 388-195, Page 95 of the Plat Records of Tarrant County, Texas, and a tract of land conveyed to James T. Draper and Carol Ann Draper as described in Volume 13530, Page 0111, Deed Records of said Tarrant County. BEGINNING at a ~-inch steel rod set for corner on the current east right-of-way line of John McCain Road (an existing variable width right-of-way) and being the northwest corner of said Draper tract as recorded in Volume 13530 at Page 0111 ; THENCE North 89 degrees 59 minutes 04 seconds East at a distance of 14.00 feet passing the southwest corner of Lot 1, Block 1, Epperson Addition, an addition to the City of Colleyville as shown on the plat recorded in Cabinet B Slide 2135 of the Plat Records of Tarrant County, Texas, and at a distance of 319.33 feet passing the south common corner between said Lot 1 and a tract of land conveyed to Gary R. CinoUo as described in Volume 14388 Page 0371 of the Deed Records of said Tarrant County, and continuing for a total distance of 541.70 feet to a ~-inch steel rod found for corner; THENCE South 00 degrees 08 minutes 24 seconds West a distance of 125.14 feet for a ~-inch steel rod found for corner and being the northeast corner of said Cooper Addition; THENCE South 00 degrees 22 minutes 38 seconds West a distance of 235.07 feet to a ~-inch steel rod found for corner and being the southeast corner of said Cooper Addition; THENCE South 89 degrees 16 minutes 49 seconds West along the south line of said Cooper Addition, a distance of 519.73 feet to a ~-inch steel rod set for corner on the previously said east right-of-way line of John McCain Road; THENCE North 11 degrees 40 minutes 00 seconds West along said east right-of-way line a distance of 67.95 feet to a ~-inch steel rod set for corner at an angle point in said east line; THENCE North 01 degrees 17 minutes 15 seconds East along said east line a distance of 183.83 feet to a ~-inch steel rod set for corner; THENCE South 89 degrees 00 minutes 00 seconds West continuing along said right-of- way line a distance of 14.00 feet to a ~-inch steel rod set for corner; THENCE North 01 degrees 31 minutes 18 seconds East continuing along said right-of- way line a distance of 134.55 feet to the POINT OF BEGINNING and containing 4.687 acres or 204,182 square feet of land more or less. CITY COUNCIL .0 AGENDA BRIEFING it:xn$ MEETING DATE: ! 01/04/05 ITEM # : 5 ORDINANCE # : 0-04-1499 CITY MANAGER i DEPARTMENT HEAD FINANCE REVIEW Previous Action: 12/21/04 DEPARTMENT: ENGINEERING SUBJECT : Approval of a City-Developer Agreement with Broadland Limited Partnership for Whittier Heights Additions Update: City staff spoke with the developer regarding the use of a temporary sales office at this location. In response to his concerns, paragraph 9 was added to the City-Developer Agreement. Second Reading and Public Hearing First Reading and Public Hearing Backaround Broadland Limited Partnership has submitted a request for approval of a City-Developer Agreement for Whittier Heights Phase 1 and Phase 2. All public improvements associated with Phase 1 are complete and have been accepted by the City. Phase 2 has been approved for construction and the public improvements associated with this phase will begin soon. Staff has been working with the Developer for several months on the various issues related to this Agreement. Staff has reviewed the Agreement and found it to be consistent with developmental policies and ordinances. Financial Impact The Developer has requested reimbursement for premeditating backfill from prior construction of the sixteen inch water main in an easement through the Addition. Funding for this reimbursement is available in water impact fees. Recommendation Approval Attachments . City-Developer Agreement . Correspondence from Mr. Bagwell (12/28/04) . Ordinance 0-04-1499 CITY OF COLLEYVILLE CITY-DEVELOPER AGREEMENT WHITTIER HEIGHTS PHASE I AND WHITTIER HEIGHTS PHASE II ADDITIONS STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That Broadland Limited Partnership, organized under the laws of the State of Texas, hereinafter called "Owner/Developer", and the City of Co lIeyville, Tarrant County, Texas, hereinafter called "City", enter into the following agreement ("The Agreement''). In consideration of the mutual covenants herein contained and for developing lots in Whittier Heights Phase I, an addition to the City of Colleyville, as filed of record in Cabinet....&, Slide Number 8667 of the Plat Records of Tarrant County, Texas, and lots in Whittier Heights Phase II, an addition to the City of Colleyville, as approved by the City Council in Resolution R-03 -2286 (the "Addition''), the parties hereto do agree: 1. City shall reimburse Sroadland Limited Partnership its expense of FIFTEEN THOUSAND DOLLARS ($15,000.00) in (i) remediating backfill from prior construction of the sixteen inch water main in an easement through the Addition and (ii) disposing of spoil. 2. The perimeter street fee for Whittier Heights Phase II is $28,676.21. A credit of $11,123.00 ($1,589.00 per lot for 7 lots) shall be applied to the perimeter street fee for Whittier Heights Phase II. Roadway impact fees in the amount of $1,589.00 per lot will be assessed at the time a building permit is issued for each lot and the Owner/Developer will pay the City $17,553.21 prior to City Acceptance. 3. All maintenance within Trail right-of-way, including, but not limited to, mowing of grass, removal of dead plant materials, repair and replacement of irrigation equipment, cost of water for irrigation, upkeep of drainage facilities, etc. shall be the sole responsibility of the City. 4. Owner/Developer shall provide an approved automatic opening device (Opticom) or other acceptable device, as approved by the Fire Marshall, at the emergency access entrance for the purpose of opening gates shown on Exhibit A hereto or other gates proposed by Owner/Developer and approved by the Fire Marshall, said gates t~ be provided by Owner/Developer. version 12/16/04 5. If, for any reasor), the ownership of the property should change prior to the acceptance by the City of the water, sewer, storm drainage and paving improvements in Whittier Heights Addition, it is agreed that these conditions will pass from this Owner/Developer to the next owner and the City will require proper signatures of the new Owners agreeing to the terms of this Agreement. 6. Owner/Developer understands that he has no authority to cancel or amend the terms of this agreement without the specific written authority of the City. 7. The City agrees to allow minor grading pursuant to a staff-approved grading plan and aerial photographic tree survey and to allow City approved tree removal at and near the common property lines of McPherson Park, Old Grove and Whittier Heights, and City hereby grants permission to Owner/Developer to enter upon City property for the purposes of effecting such plans upon prior notification of entry to the City. 8. Good and indefeasible title to all accepted public improvements shall vest in the City of Colleyville free and clear of any liens and encumbrances. 9. For purposes of determining percent of lot sales with respect to Chapter 3, Section 3.24.D, paragraph 1 of the Land Development Code, Whittier Heights, Whittier Heights Phase II, Old Grove and Old Grove Phase II shall be deemed a single subdivision. IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3) counterparts, each of which will be deemed an original on this day of 2005. BROADLAND LIMITED PARTNERSHIP By: The David Bagwell Company, its general partner By: David S. Bagwell, President CITY OF COLLEYVILLE Joe Hocutt, Mayor Cynthia Singleton, City Secretary version 12/16/04 roJ ~~ II:::::' ~m ,- -n :;.,;v G) m z () -< G) ~ m LJ 1: r )> Z (j) m () -I - o z 5'-0" ," ~ II_ell II-e" \ll ~ ,. ~ ,. ~ .L .L ()l ,. -! ,. q \J1 ,. q \ll ~ ~sq "z(\ 0(\0 iJ~~ g~~ In.!..,. ~~g -10-1 ~~- rn~ ~~~ ~ g o ~ !eo JSG WHITTIER HEIGHTS COLLEYVILLE, TEXAS Drawn 21120 Project No. Revision No. \ z m \ ~ ~ \ \ I ;0 \ \ , G) \ \ m \ \~ I Z. \ I () \ \ J -< \ \ I \ \ G) \\1 )> '" \ -I ,,\ m "" ~ "" - () ;0 o (j) - -I m LJ r )> Z 'Exhibit AI \. ~ () o o ~ ~ r (fl <;} o <f- ~ t, JDT Checked 11.05.04 Date Revision Date / ~ ~ :\ t\1 ';Xl ~ {'t\ , I ,:l \ '0 'z ()l::JI::JI-l U\rn- . M:650~:t1 0 ~~~~m~~ ~ \ .!..ij!::t~O~\J1 (') ~. 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I ~ I ~ q ~ ..l\ ~ r IJ ~ Ivp~r (\ 20 ~~(lI~ 0 (\ 1lI .- z o x 111 ~~~Sfi (\ 0 ill ~ "11 IJ \J ~ (lI q~ (\ ~11 ii1 ~ &g 1lI 3:)> g r I ~ 1lI 7\ 11 \J)>~ (\ --i_c ~ iii ~ 111 ill ~ ~~ ~ 1lI-n (\ .;:t(ll )> 0 ii1 p -p X ~ r ~ii1 III ~i1l U\ r \110 b (lI~ 1lI ;:I 11 1lI _1lI ~)>U\ ;;j ~~ ~~ U\ ~~ !. I ~ 1lI. 11 'X 8 1lI !. SHEET 2 OF 3 JSG JDT Drawn Checked THIS DRAWING AND THE DESIGN SHOWN II IS THE PROPERTY OF THE LANDSCAPE 11.04.04 ARCHITECT. THE REPRODUCTION. COPYING. 21120 OR USE OF THIS DRAWING WiTHOUT WRITTEN CONSENT IS PROHIBITED AND Project No. Date ANY INFRINGEfJENT WILL BE SUBJECT TO LEGAL ACTION. JIGIl__ @) Copyrfght 2002 \'/ESA l*ign Gtoup _IICIS,LI. -.re_'52ll1 f21.,lh""u;111.11l>>' Revision No. Revision Date fv ~ fv 0 iJ 11 (j\ . ~ 111 ~ ~ ~ ~~ ~ i 111 -'" m ~ ~:Tl~ ~~ ~ ~ ~ B~~s~ ~ ~ s;: ~ (j\ II ~ ~g~~8 ~ ~ m Xlnl1l ~!:~ (j\ -'" :z ~~~DlCI' ffi ~ I - \J r ~ ;0 G) .2'- " m z 0 -< G) )> -i m (f) m -1, 13 0 -i 1111 - =1- 0 Z ""- m r m ~ - 0 Z S ~ ~~~ i ~ t . '-1 S ._~ ~Srn ~ ~Jg ~ -l~11I I')l ~llD ~ ti ..~~ ~~. ~ Bill X -~ ~ SHEET 3 OF 3 JSG JDT WHITTIER HEIGHTS Drawn Checked THIS DRAWING AND THE DESIGN SHOWN II IS THE PROPERlY OF THE lANDSCAPE COLLEYVILLE, TEXAS 11.05.04 ARCHITECT. THE REPRODUCTlON. COPYING. 21120 OR USE OF THIS DRAWING WITHOUT WRITTEN CONSENT IS PROHIBITED AND Project No. Date ANY INFRINGEMENT Will BE SUBJECT TO LEGAL ACTION. ~tDll__ €>Copyr1ght 2002 It/EsA DeeIgn Group _toS.I.I1S! ~T_7t:lDl (J'4J",_Faol;Ul-t5ll1 Revision No. Revision Date MANUFACTURED BY: DISTRIBUTED BY: ACCESS PRODUCTS, INC. (858) 292-1561 FAX (858) 292-6955 www.firestrobe.com · email: 911@fjrestrobe.com RAPID DETECTION OF ANY EMERGENCY STROBE · Fire · Paramedics · Police · 911 Response Vehicles . Double and Quad Flash Strobes FIELD PROGRAMMABLE · Coated Optics · 2 Relay Outputs · Relay Timing EASE OF INSTALLATION . FIRE STROBE 2000 can be installed on any existing gate system . Sensitive photodlode complete with PVC housing and lens assembly can be mounted in a variety of ways . FIRE STROBE 2000 is designed to accommodate AC or DC operation . Units are provided with a 12 VAC plug In transformer -----Original Message----- From: David S. Bagwell [mailto:~ ~ . J- r] To: William Lindley Cc: Barry LeBaron Sent: Tue 12/28/2004 5:05 PM Subject: Temporary Sales and Construction Offices Thank you, Bill. It is as you say in your email copied below, that is, we intend only one sales and one construction office in the combination of Old Grove, Old Grove Phase II (the old Parker property), Whittier Heights, and Whittier Heights Phase II (the old Baker property). I would appreciate Barry doing as you describe below with respect to adding language to the two CDA's (plus language that provides the same consideration of construction office office we also need) that the Council is now considering for these developments, so that for purposes of enforcing the 90% lot sales cap those developments will be considered as one with respect to when the sales office and construction office must be closed and removed from the development( s). Please let me know if we need to work on this further with you, including supplying an electronic version of the CDA's. Thanks again for working with us on this. on 12/22/04 3:56 PM, William Lindley at LindleyW@ci.colleyville.tx.us wrote: David, I appreciate your kind words and support with the staff effort to work with your suggestions. In regards to your observation on the sales center, I think your suggestion has merit. By this email, I will ask Barry to make the appropriate modifications to the developer agreements prior to the next City Council meeting. In the alternate though of considering the three developments as one single subdivision, I think it is more clear and correct that the CDA simply provide that for purposes of sales centers, the three subdivisions are considered inclusive for the purpose of hosting a sales center and construction office. My assumption from your email is though that there would only be one sales center for all three developments together. Obviously, having a three separate sales centers but allowing each to remain open until the last development meets the threshold would be a stretch with the legislative intent of the ordinance. May your family have a joyous holiday and a wonderful new year. Bill -----Orig inal Message----- From: David S. Bagwell [mailto:~ J _" J] Sent: Wednesday, December 22,2004 10:31 AM To: Barry LeBaron Cc: William Lindley; Jill Folkert Subject: Temporary Office I greatly appreciate the Staff's listening ear on the temporary office issues in 0- 04-1497 that I raised last week. At the Council meeting last night, I read the draft twice and came to the conclusion that, except for one thing, it meets our needs. As I went on to say to the Council, I think the outcome is a nice example of collaboration in what I believe is best for everyone. Thank you you for that collaboration. I recognize that time was short for you in evaluating my perspectives and also thank you for the extra effort involved in responding timely. As I got it, the Council adopted 0-04-1497 last night, so we may now apply for both a temporary (light) construction office and a sales office in Whittier Heights Phase II. As you know, we intend to combine them in one portable building. Also, as I understand it, both construction and sales offices are now controlled by Chapter 3, Section 3.24.D, paragraph 1 of the Land Development Code. I would appreciate your confirming my understandings in these regards. If things are as they seem, there is still one obstacle to our employing a sales and (light) construction office as we wish. The location we prefer is on Lot 1 of Whittier Heights Phase II (the most northern lot across from Cary Clarke's model at the n/w corner of Providence and Harmony). The problem arises because expect to sell the six other lots in Whittier Heights Phase II long before we have come close to the ordinance's 90% lot sales cap for Whittier Heights Phase I and for what we now call "Old Grove at Whittier Heights" (since Old Grove and Whittier Heights are now connected). My concern is that an early sellout in Whittier Heights Phase II would result in our having to close the sales and (light) construction office there, as Whittier Heights Phase II would be deemed a separate "subdivision" under Chapter 3, Section 3.24.D, paragraph 1. My solution to this potential problem for us is to have the CDA's of Whittier Heights and Whittier Heights Phase II and Old Grove and Old Grove Phase II supplemented with this language: For purposes of determining percent of lot sales with respect to Chapter 3, Section 3.24.D, paragraph 1 of the Land Development Code, Whittier Heights, Whittier Heights Phase II, Old Grove and Old Grove Phase II shall be deemed a single subdivision. If this is satisfactory, please let me know, and we will produce a revision to the Whittier Heights and Old Grove COA's that we've been working on principally with Chad and send them to him for inclusion in the next Council packet. If this is not satisfactory in concept or in approach, please let me know what else we may work out with you to prevent our having to prematurely shut down the temporary (light) construction office and sales office in Whittier Heights Phase II. Thank you. ORDINANCE 0-04-1499 AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT FOR PUBLIC IMPROVEMENTS BETWEEN BROADLAND LIMITED PARTNERSHIP AND THE CITY OF COLLEYVILLE, TEXAS FOR THE WHITTIER HEIGHTS ADDITIONS WHEREAS, Broadland Limited Partnership, (Developer) shall construct public improvements and the City of Colleyville, Texas shall participate in the cost as determined by municipal ordinance under Subchapter C. Developers Participation in Contract for Public Improvements, Local Government Code, State of Texas; and WHEREAS, The City of Colleyville and Developer hereby entered into a City Developer Agreement/Contract for the Whittier Heights Additions, which specifies certain construction costs that the City has agreed to participate in with the Developer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Developer shall construct the improvements and the City shall participate in their cost. Sec. 2. THAT the City's total cost participation (not to exceed $15,000.00) does not exceed thirty percent (30%) of the total contract price. Sec. 3. THAT all of the Developer's books and other records related to the project shall be available for inspection by the City. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Ordinance 0-04-1499 Page 2 of 2 CITY OF COLLEYVILLE Joe Hocutt Mayor CITY COUNCIL cce0 AGENDA BRIEFING IC";o;<lS MEETING DATE: I 01/04/05 ITEM # : 6 ORDINANCE #: 0-04-1500 CITY MANAGER! DEPARTMENT HEAD I FINANCE REVIEW I Previous Action: 12/21/04 DEPARTMENT: ENGINEERING SUBJECT: Approval of a City-Developer Agreement with Old Grove Limited Partnership for Old Grove Additions Update: City staff spoke with the developer regarding the use of a temporary sales office at this location. In response to his concerns, paragraph 9 was added to the City-Developer Agreement. Second Reading and Public Hearing First Reading and Public Hearing Backaround Old Grove Limited Partnership has submitted a request for approval of a City-Developer Agreement for Old Grove Phase 1 and Phase 2. All public improvements associated with Phase 1 are complete and have been accepted by the City. Phase 2 is under review by Staff and has not been approved for construction. Staff has been working with the Developer for several months on the various issues related to this Agreement. Staff has reviewed the Agreement and found it to be consistent with developmental policies and ordinances. Financial Impact None Recommendation Approval Attachments · City-Developer Agreement · Correspondence from Mr. Bagwell (12/28/04) · Ordinance 0-04-1500 CITY OF COLLEYVILLE CITY-DEVELOPER AGREEMENT OLD GROVE PHASE I AND II ADDITIONS STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT That Old Grove Limited Partnership, organized under the laws of the State of Texas, hereinafter called "Owner/Developer", and the City of Co II eyville, Tarrant County, Texas, hereinafter called "City", enter into the following agreement ("The Agreement'} In consideration of the mutual covenants herein contained and for developing lots in Old Grove Phase I and Old Grove Phase II, additions to the City of Colleyville, approved respectively by the City Council in Resolution R-04-2300 and Ordinance R-04-1475 (the "Addition"), the parties hereto do agree: 1. In order to facilitate a more aesthetically pleasing Trail system, the Owner/Developer shall escrow funds for 2,340 If of the ten foot (10') wide Trail that is required in the approved Old Grove Construction plans. The total amount escrowed is $64,584.00 ($2.76/sf) and has been deposited with the City by Owner/Developer prior to City acceptance ("City Acceptance") of Old Grove public improvements in lieu of constructing the Trail. Owner/ Developer may construct portions of the trail at any time in locations prescribed for the trail on the Old Grove final plat. Upon approval by the City, which shall not be unreasonably withheld, progress payments will be made to Owner/Developer by the City promptly, but in no event later than ten (10) business days after Owner/Developer's submission to the Director of Public Works of proper bills (less ten percent retainage on hard construction costs) for completed work of said Trail construction, including but not limited to construction plan preparation and reproduction, permits, inspection fees, excavation, provisions for storm drainage, forming, fill, subgrade preparation, base materials, reinforcing steel or wire mesh, concrete and concrete finishing, testing, all elements of automatic irrigation, grass seed or hydromulch, trees and shrubs, storm water pollution prevention plan ("SWPPP") preparation, SWPPP inspections and SWPPP regulatory compliance including erosion control device maintenance and additional provisions, etc. (but not Owner/Developer's overhead or transportation costs to and from the jobsite). The cost of all reasonable change orders shall be borne by the City. Upon satisfactory-completion as described in the construction contract, the City will promptly pay to the Owner/Developer all retainage. Reimbursement to the Owner/Developer shall be based on actual construction costs in an amount not to version 12-16-04 exceed $64,584.00. In the event that total actual construction costs are less than $64,584.00, the remaining funds shall be promptly refunded by the City to Owner/ Developer. 2. For a period of not more than two years from the date hereof, the City agrees to delay collection of the impact fees for any permanent irrigation meter obtained by Owner/Developer for the purpose of providing irrigation to landscaped areas in the Addition. After a period of two years from installation, if Owner/Developer continues to maintain any such permanent irrigation meter for the purpose of providing irrigation landscaped areas in the Addition, then the impact fees that would have been payable upon installation of the permanent irrigation meter shall be immediately due and payable by Owner/Developer. 3. Owner/Developer' shall provide an approved automatic opening device (Opticom) or other acceptable device, as approved by the Fire Marshall, at the emergency access entrance for the purpose of opening gates shown on Exhibit A hereto or other gates proposed by Owner/Developer and approved by the Fire Marshall, said gates to be provided by Owner/Developer. 4. All maintenance within Trail right-of-way, including, but not limited to, mowing of grass, removal of dead plant materials, repair and replacement of irrigation equipment, cost of water for irrigation, upkeep of drainage facilities, etc. shall be the sole responsibility of the City. 5. If, for any reason, the ownership of the property should change prior to the acceptance by the City of the water, sewer, storm drainage and paving improvements in Old Grove Addition, it is agreed that these conditions will pass from this Owner/Developer to the next owner and the City will require proper signatures of the new Owners agreeing to the terms of this Agreement. 6. The City agrees to allow minor grading pursuant to a staff-approved grading plan and aerial photographic tree survey and to allow City approved tree removal at and near the common property lines of McPherson Park, Old Grove and Whittier Heights, and City hereby grants permission to Owner/Developer to enter upon City property for the purposes of effecting such plans upon prior notification of entry to the City. 7. Good and indefeasible title to all accepted public improvements shall vest in the City of Colleyville free and clear of any liens and encumbrances. 8. Owner/Developer understands that he has no authority to cancel or amend the terms of this agreement without the specific written authority of the City. version 12-16-04 9. For purposes of determining percent of lot sales with respect to Chapter 3/ Section 3.24.D, paragraph 1 of the Land Development Code, Whittier Heights, Whittier Heights Phase 11/ Old Grove and Old Grove Phase II shall be deemed a single subdivision. IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3) counterparts, each of which will be deemed an original on this day of 2005. OLD GROVE LIMITED PARTNERSHIP By: The David Bagwell Company, its general partner By: David S. Bagwell, President CITY OF COLLEYVILLE Joe Hocutt, Mayor Cynthia Singleton, City Secretary version 12-16-04 roJ ~~ ~m , - ..,., ~,AJ G) m z () -< G) ~ m "1J i: r )> Z (j) m () -1 - o z 51_011 11_811 I '-e" ,- ~ ,- ~ Ul ~ ~ I ~ ~ - J.. J.. ~ , q II! , Ul q 4 (l> ,- ~ lSq ~~S i3~~ g~~ tn'-n ~z<:> . -n <:> ~~::! '11{'\~ ...111. ~~~ =1 g <:> ~ !t -n F iiI ;a -n ~ ;a (\ 'Exhibit A' " \ z m \ ~:::::=- \ en::::::" m \ \ , ;U \ \ , G) \ \ m \ \, I Z. \ I () \ \ J -< \ \ , \ \ G) \ \, )> "" \ -1 '" \ m '" '" s: '" "- - () ;U o (j) - -1 m "1J r )> Z ~ o o ~ ~ r (fl ~ o 9- ~ ~ JSG JDT Drawn Checked 21120 11.05.04 Project No. Date Revision No. Revision Date WHITTIER HEIGHTS COLLEYVILLE, TEXAS , , \ \ ,:l \ '0 '2 ~~~~Ul~~ '0 i;}~~{'\~~- {T\ ~(\;aeml11i1l 9. \ J..ut::t~I:)~Ul () ~. II11-<::;I ~ \ :-~~~~<@ ::1 . f1\Q-ly!111 0 (\~<:>{\IV 'Z <:>~}.Ir<:> z::j-nI11<:> ~mP! 9 (\;al:) -lIr ~!:!!<:> (\Ii'(\ (\:l:~ l11utii1 $ \ THIS DRAWING AND THE DESIGN SHOWN IS THE PROPERlY OF THE LANDSCAPE ARCHITECT. THE REPRODUCTION. COPYING, OR USE OF THIS ORAWING WITHOUT WRnTEN CONSENT IS PROHIBITED AND ANY INFRINGEf.lOO WILL BE SUBJECT TO LEGAL ACTION. @ Copyrlght 2002 \,4tsA Design Group / / z ~ j, ~ '";0 ~ {T\ \ SHIfET 1 OF 3 II ".__ ___U1n ~.f_JGD' (21~11I11_""'.""507 ~ m s: II ~ m I - :::0 c; G) m z () -< G) ~ m " 0 c z 0 )> -I - 0 Z -0 r )> Z WHITTIER HEIGHTS ';OLLEYVILLE, TEXAS 6'-0" 1-011 3'-4" 1'-8" 1_011 10" 10" 1'-8" 10" 10" I a I I ~~ ~ I m -l I Ul q 1 q --- ~ q , ~ ~ I --: I ~ , ~ q q --: .J I ---- ~ ~ q , 4 10" 10' = -! , II_en --: " " ~ l. l. l. .t>. \II ," ," ~ q .II 4 ~ I ~ ~ l. , " ~ .II q r IJ ~ I-J~xr S zO ~8rnz (\ rn .- . (IIrn ~ 0 o X III ~~~~ ~ ~ -n IJ \J ~ q~ (\ ~" ii1 ~ rn X)- ii1 ~(\ r ,~ m \J~O rn 7\ rn III ~ (\ -l _c " ~ ~~ Iii III -n ~ ~ (\ .;J:(II )- 0 ii1 )- -)- X~ r ~ii1 OJ i1i;ll UI r ~~ p! (II \J rn o )- rn rn _rn ~ )- ~ < ~~ rn ~~ UI fil~ X !. I ::i rn. " 'X 0 \J rn r.- SHEET 2 OF 3 JSG JOT Drawn Checked THIS DRAWING AND THE DESIGN SHOWN II IS THE PROPERTY OF THE LANDSCAPE 11.04.04 ARCHITECT. THE REPRODUCTION, COPYING, 21120 OR USE OF THIS DRAWING WITHOUT WRITrrN CONSENT IS PROHIBITED AND Project No. Date ANY INFRINGEfJENT WILL BE SUBJECT TO LEGAL ACTION. 3l00~_ @ Copyrtght 2002 l./ESA Design Group _"'~'IA -.r._JD01 1Z14jlh-GSn'0lC;I1'.lSl1r Revision No. Revision Date i..l ~ QI ~ m ~ ~ ~ QI ~ ~ G r ~ m ~ ~ II ~ m - I ::0 ~ G) m z () -< G) :t> -I m en m () -I - 0 z -- m r m < ~ - 0 z ~ o~ q ~~~ ~ ~" ~ t . -I .--u ~ ij iii .!.~ .. (\ ~~~ IJ () ~ ~. ~ ~J~ ~ l' ~ j -. ~ -0 -I~m ~ ~ ~L~ ~ "'<i ~ ~ ~~~ () q () Bm !. 3: JSG WHITTIER HEIGHTS COLLEYVILLE, TEXAS Drawn 21120 Project No. Revision No. q ~ ~~ ~~ ~ i ~~T~~ ~ ~ ffir B~~~"11 g ~ -~C\~~g~!l! ~ 3:tnmtn~ !: Rl QI ~~~Elq> ffi ~ ~ () -0 m -I :j;: () i..l iO-o ~~~~ \Illr.~ o::lffiQl Rl~(JI> :n.:r:>n! ~ ~ ~ J SHEET 3 OF 3 JDT Checked THIS DRAWING AND THE DESIGN SHOWN IS THE PROPERlY OF THE LANDSCAPE ARCHITECT. THE REPRODUCTION. COPYING. OR USE OF THIS DRAWING WITHOUT WRITTEN CONSENT IS PROHIBITEO AND ANY INFRINGEf,jENT Will BE SUBJECT TO LEGAL ACTION. @) CopyI1ght .2OQ2 I./ESA DeeIgn Group II 11.05.04 Date ~,..-- "IDI,Ula ~T_~ (%1~11l71""u:'11-15Dt Revision Date MANUFACTURED BY: DISTRIBUTED BY: ACCESS PRODUCTS, INC. (858) 292-1561 FAX (858) 292-6955 www.firestrobe.com.emall:911@firestrobe.com RAPID DETECTION OF ANY EMERGENCY STROBE · Fire · Paramedics · Police · 911 Response Vehicles · Double and Quad Flash Strobes FIELD PROGRAMMABLE · Coated Optics · 2 Relay Outputs · Relay Timing EASE OF INSTALLATION . FIRE STROBE 2000 can be Installed on any existing gate system . Sensitive photodlode complete with PVC housing and lens assembly can be mounted In a variety of ways . FIRE STROBE 2000 is designed to accommodate AC or DC operation . Units are provided with a 12 VAC plug In transformer -----Original Message----- From: David S. Bagwell [mailto:"- - ~l J- r] To: William Lindley Cc: Barry LeBaron Sent: Tue 12/28/2004 5:05 PM Subject: Temporary Sales and Construction Offices Thank you, Bill. It is as you say in your email copied below, that is, we intend only one sales and one construction office in the combination of Old Grove, Old Grove Phase II (the old Parker property), Whittier Heights, and Whittier Heights Phase II (the old Baker property). I would appreciate Barry doing as you describe below with respect to adding language to the two CDA's (plus language that provides the same consideration of construction office office we also need) that the Council is now considering for these developments, so that for purposes of enforcing the 90% lot sales cap those developments will be considered as one with respect to when the sales office and construction office must be closed and removed from the development( s). Please let me know if we need to work on this further with you, including supplying an electronic version of the CDA's. Thanks again for working with us on this. on 12/22/04 3:56 PM, William Lindley at LindleyW@ci.colleyville.tx.us wrote: David, I appreciate your kind words and support with the staff effort to work with your suggestions. In regards to your observation on the sales center, I think your suggestion has merit. By this email, I will ask Barry to make the appropriate modifications to the developer agreements prior to the next City Council meeting. In the alternate though of considering the three developments as one single subdivision, I think it is more clear and correct that the CDA simply provide that for purposes of sales centers, the three subdivisions are considered inclusive for the purpose of hosting a sales center and construction office. My assumption from your email is though that there would only be one sales center for all three developments together. Obviously, having a three separate sales centers but allowing each to remain open until the last development meets the threshold would be a stretch with the legislative intent of the ordinance. May your family have a joyous holiday and a wonderful new year. Bill -----Original Message----- From: David S. Bagwell [mailto:~J _" Sent: Wednesday, December 22,2004 10:31 AM To: Barry LeBaron Cc: William Lindley; Jill Folkert I] Subject: Temporary Office I greatly appreciate the Staff's listening ear on the temporary office issues in 0- 04-1497 that I raised last week. At the Council meeting last night, I read the draft twice and came to the conclusion that, except for one thing, it meets our needs. As I went on to say to the Council, I think the outcome is a nice example of collaboration in what I believe is best for everyone. Thank you you for that collaboration. I recognize that time was short for you in evaluating my perspectives and also thank you for the extra effort involved in responding timely. As I got it, the Council adopted 0-04-1497 last night, so we may now apply for both a temporary (light) construction office and a sales office in Whittier Heights Phase II. As you know, we intend to combine them in one portable building. Also, as I understand it, both construction and sales offices are now controlled by Chapter 3, Section 3.24.D, paragraph 1 of the Land Development Code. I would appreciate your confirming my understandings in these regards. If things are as they seem, there is still one obstacle to our employing a sales and (light) construction office as we wish. The location we prefer is on Lot 1 of Whittier Heights Phase II (the most northern lot across from Cary Clarke's model at the n/w corner of Providence and Harmony). The problem arises because expect to sell the six other lots in Whittier Heights Phase II long before we have come close to the ordinance's 90% lot sales cap for Whittier Heights Phase I and for what we now call "Old Grove at Whittier Heights" (since Old Grove and Whittier Heights are now connected). My concern is that an early sellout in Whittier Heights Phase II would result in our having to close the sales and (light) construction office there, as Whittier Heights Phase II would be deemed a separate "subdivision" under Chapter 3, Section 3.24.D, paragraph 1. My solution to this potential problem for us is to have the CDA's of Whittier Heights and Whittier Heights Phase II and Old Grove and Old Grove Phase II supplemented with this language: For purposes of determining percent of lot sales with respect to Chapter 3, Section 3.24.D, paragraph 1 of the Land Development Code, Whittier Heights, Whittier Heights Phase II, Old Grove and Old Grove Phase II shall be deemed a single subdivision. If this is satisfactory, please let me know, and we will produce a revision to the Whittier Heights and Old Grove CDA's that we've been working on principally with Chad and send them to him for inclusion in the next Council packet. If this is not satisfactory in concept or in approach, please let me know what else we may work out with you to prevent our having to prematurely shut down the temporary (light) construction office and sales office in Whittier Heights Phase II. Thank you. ORDINANCE 0-04-1500 AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN AN AGREEMENT FOR PUBLIC IMPROVEMENTS BETWEEN OLD GROVE LIMITED PARTNERSHIP AND THE CITY OF COLLEYVILLE, TEXAS, FOR THE OLD GROVE ADDITIONS; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Colleyville and Old Grove Limited Partnership, hereby enter into a City Developer Agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Developer and the City shall participate in a City Developer Agreement for public improvements for the Old Grove Additions. Sec. 2. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 3. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2004. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Ordinance 0-04-1500 Page 2 of 2 CITY OF COLLEYVILLE Joe Hocutt Mayor CITY COUNCIL City Of ccerr0 AGENDA BRIEFING T("x<\$ MEETING DATE: i 01/04/05 ITEM # : 7 ORDINANCE #: ! 0-05-1501 ; CITY MANAGER i DEPARTMENT HEAD ! FINANCE REVIEW! Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from R30 to R20 on Block 1, Lot 29R, Westcoat Place Addition located at 6002 Westcoat Drive, Case Z-04-040 First Reading and Public Hearing Backqround Michael Pisciottano is the owner of a 1.03 acre lot located on the west side of Westcoat Drive, just north of L.D. Lockett Road. Mr. Pisciottano has submitted a request to change the zoning on the property from R30 Single Family Residential to R20 Single Family Residential. The applicant is seeking a zoning change in order to divide the property into two residential lots. The property in question is a vacant platted lot. The lot is 300 feet wide and 150 feet deep. If the property were zoned R20, the lot could be subdivided into two lots of 22,500 square feet each. The R20 district requires a minimum lot size of 20,000 square feet, a minimum lot width of 100 feet, and a minimum lot depth of 125 feet. A subdivision plat must be submitted in order to divide the property. At the time of platting, any public utility improvements must be provided, including improvements to the perimeter street. The surrounding property is residential in nature. Properties to the north and west are zoned R30 and are developed as single family residences. Property to the east, across Westcoat Drive, is zoned R40 and is developed as a single family residence. The properties to the south are zoned R40 and R20 and are developed as single family residences. The Master Plan indicates that all the property in the area is anticipated to be developed for residential use in the future. The property in the general area of Westcoat Drive and L.D. Lockett Road is zoned for residential use. Most of the property is zoned R40, and some specific areas are zoned R30, R20 and R15. The lot sizes in the area vary greatly. The lot sizes on Westcoat Drive, across from and adjacent to the property in question, range from 13,500 square feet to 21,400 square feet in area. Some of the lots on L.D. Lockett Road are 45,000 square feet and 60,000 square feet in area, with others significantly smaller. There is no apparent pattern of lot sizes in the area. This property is located in Neighborhood 6 in The Colleyvi/le Plan. A significant neighborhood issue identified by the citizens during the preparation of the plan is to "preserve home prices and rural feel, lot sizes going forward should be increased from 1/3 acre to 1/2 acre." If the Agenda Briefing Ordinance 0-05-1501 Page 2 of 2 zoning change to R20 is approved, the property could be divided into two lots of 22,500 square feet, or 1/2 acre, in size. IMPACT ISSUES 1. Master Plan. This property is in Neighborhood 6, as identified in The Colleyville Plan. The property is designated for future use as single family residential land uses. This request is consistent with the goals and objectives of The Colleyville Plan. 2. Surrounding Properties. All of the surrounding properties are developed as single-family residences, either within a subdivision or on acreage tracts. 3. Development Trends. Most of the property in the area is already developed with single family residences, both within large subdivisions or on acreage tracts. The long-term trend for this area is for single-family development, though few large tracts of land are available for redevelopment. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of- way. The developer is responsible for the extension of utilities to the lots if necessary. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the property is valued at $30,000. The estimated City property tax revenue for the property is $104 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6. Public Notification. Staff mailed notices to 16 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this req uest. The Planning and Zoning Commission conducted a public hearing and considered this request at the December 13, 2004 meeting. The Commission recommended approval by a unanimous vote. Recommendation Approval Attachments · Location Map . Zoning Exhibit . List of Property Owners Notified . Ordinance 0-05-1501 Location Map -20 r Wit: > 11 ..~'dfj~ I 1")\ 0:: l, '-' Z - E (D , ,1 1 ! I . R40 I LOT 9 BLOC o 'I'" I WESCOAT PLA ~ \: I 1-- Rec. in Vol. 3 g I I '~---,.__._.- t<) 1 ""'" ~'I.j ! 8 U1 : I I- -t'1 I (f) IW I~ R20 ~ '" Zoning Exhibit BLOCK 1 WESCOAT PLACE ADDITION Rec. in Vol. 388-172, Pg. 41 R40 R30 f IW S 88" 46' 250.00' LOT 30-C Ie)' . LOT 19R-l R30 LOT 10 U1 'I"" ~ I bl ~ o 0 .1() ~ Z' II I I R-30 ZONING LOT 20R-1 250.00' "D""'<<"'tiIit)/ EasemenJ I ~ ---- --- PO.B. LOT 21 R, BLOCK 1 WESCOAT PLACE ADDITION Rec. in Vol. 388-215, Pg. 24 BLOCK 1 WESCOAT PLACE ADDITION Rec. in Vol. 388-N. Pg. 26 BLOCK 1 Z-04-040 John P. Bennett 6013 Bettinger Drive Colleyville, TX 76034 Jay Hall 5917 Bettinger Drive Colleyville, TX 76034 Jean Findley Taylor 5916 LD Lockett Road Colleyville, TX 76034 Joseph & Nancy J Bromley 5909 Bettinger Drive Colleyville TX 76034 Russell W. Walker 5909 Westcoat Drive Colleyville, TX 76034 Notices dated November 19, 2004. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed request are listed above. I certify that the parties listed above have been notified of the proposed variance request as required by the Texas Local Government Code and the Collewille Land Develooment Code. Jonathan & Carleen Stout 6101 Westcoat Drive Colleyville, TX 76034 Marshall & Dianne Thrasher 5919 Bettinger Drive Colleyville, TX 76034 - C~l~- Michael &, Rosemary Pisciottano 3109 Manchester Court Bedford, TX 76021 Harold D. Thomas 6009 Westcoat Drive Colleyville, TX 76034 Walter & Bonnie Kidd 304 Azalea Drive Grapevine, TX 76051 Garland R. Brock 6003 Westcoat Drive Colleyville, TX 76034 Ann-Nita Pearl Hall 5905 Westcoat Drive Colleyville, TX 76034 Robert S & Nancy L Jackson 4305 Eaton Court Colleyville, TX 76034 Jack C & Vicki J Harnett 6362 Retta Mansfield Rd Burleson, TX 76028 John F & Sherry Sullivan 5908 Westcoat Drive Colleyville, TX 76034 Robert M & SAY oungreen 108 LD Lockett Road Colleyville, TX 76034 G. Price & T Provenza 5817 Bettinger Drive Colleyville, TX 76034 Amy Shelley Planning & Zoning Assistant ORDINANCE 0-05-1501 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON LOT 29R, BLOCK 1, WESTCOAT PLACE, FROM THE R30 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE R20 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Michael Pisciottano on November 12,2004, under Case No. Z-04-040; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, by changing the zoning of Lot 29R, Block 1, Westcoat Place from the R30 Single Family Residential District to the R20 Single Family Residential District, as shown on Zoning Map attached as Exhibit "A". THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Ordinance 0-05-1501 Page 2 of 2 Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney EXHIBIT A - ZONING MAP >0' I I I . i . 111 ;~~_L~~40 !I' il ! I ; 0 LOT 9 BLOC oj'" I WESCOAT PLA 0': I Rec. in Vol. 3 g 'I I '!:(---"--_._'- ,., I. 0 !t) Ir- (f) w I~ .~ '~~ R20 BLOCK 1 WESCOAT PLACE ADDITION Roc, in Vol. 388-1 72. Pg. 41 Rei R30 f I 46' E.... 400.00' I I _ _ 25~~ r.f o"')..:.Jtilit~~sem~d l'l PO.B. R30 II~' ~ bl ~ o 0 . III Z' 'I I I R-.30 ZONING "1' R40 tl W ! 1 ';0:'': ~ ,0' 11: ~~'t~-~' -.~~_-"l pf'V .' 0 II - I u.. I~ gZ I( ~'a ,J LOT 19R-1 o '0' r I f~ 0:: ':1 ~ j '-' Z - t: w (D LOT 20R-1 LOT 1 0 LOT 30-C BLOCK 1 WESCOAT PLACE Rec. in Vol. 388-2 I I I LOT 21R, BLOCK 1 WESCOAT PLACE ADDITION Roc, in VoL 388-215, Pg. 24 II <t. CITY COUNCIL cc@n0 AGENDA BRIEFING "'l.-;.;~::i I 01/04/05 CITY MANAGER I ~ MEETING DATE: I , ITEM#: I 8 DEPARTMENT HEAD I fV1SL- ORDINANCE #: ! 0-05-1502 FINANCE REVIEW I N.A. I Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from AG to R40 and R20 on Abstract 331, Tract 2C of the A. J. Caldwell Survey, located at 1209 Tinker Road, Case Z-04- 041 First Reading and Public Hearing Backqround Dean DeCavitte is the developer of 3.67 acres located on the south side of Tinker Road, just east of Emerald Drive. The property also has frontage on Hardage Lane. Mr. DeCavitte has submitted a request to change the zoning on the property from the AG Agricultural district to the R40 and R20 Single Family Residential districts. The applicant is seeking a zoning change in order to construct new residences. The property extends between Tinker Road and Hardage Lane. There is an existing house on the property. The applicant submitted a zoning exhibit showing how the property is proposed to be subdivided into five lots. A subdivision plat of the property will be reviewed by the Planning and Zoning Commission and the City Council at a future meeting. The proposed zoning change is separated into two parts. · The portion of the property adjacent to Tinker Road is proposed to be rezoned to R40. The zoning exhibit shows two lots of 49,377 and 45,124 square feet in size. The lots exceed the requirements of the R40 district, which requires a minimum lot size of 40,000 square feet. · The portion of the property adjacent to Hardage Lane is proposed to be rezoned to R20. The zoning exhibit shows three lots of 20,000 square feet in size, with a depth of 150 feet. The properties on Hardage Lane are zoned R20, and are developed as single family residences. The R20 district requires a minimum lot size of 20,000 square feet. The surrounding property is residential in nature. Property to the north, across Tinker Road, is zoned AG and is developed as single family residences. Properties to the west are zoned AG and R20 and are developed as single family residences. Property to the east and south are zoned R20 and are developed as single family residences. A copy of the zoning map for this area is attached. Agenda Briefing Ordinance 0-05-1502 Page 2 of 3 The Colleyvi/le Plan contains as a goal to "preserve the superior quality of Colleyville's residential neighborhoods". This particular goal includes several objectives relative to this zoning change request: . Continue development of luxury residential areas while maintaining the "country feel" along major collector streets . Encourage redevelopment of older properties located along major collector streets into estate settings Tinker Road is classified as a Minor Collector street by the Master Thoroughfare Plan. The proposed request appears to satisfy the objectives of this goal by maintaining estate style lots on Tinker Road. The lots facing Hardage Lane will be similar in size to the existing lots on the street. This property is also located in Neighborhood 5, as identified in The Colleyvi/le Plan. One of the significant neighborhood issues identified by the citizens during the preparation of the plan was to keep residential density low by maintaining 1.7 dwelling units per acre or lower. The proposed development has a density of 1.3 dwelling units per acre. IMPACT ISSUES 1. Master Plan. This property is in Neighborhood 5, as identified in The Colleyvi/le Plan. The property is designated for future use as single family residential land uses. This request is consistent with the goals and objectives of The Colleyvi/le Plan. 2. Surrounding Properties. All of the surrounding properties are developed as single-family residences, either within a subdivision or on acreage tracts. 3. Development Trends. Most of the property in the area is already developed with single family residences, both within large subdivisions or on acreage tracts. The long-term trend for this area is for single-family development, though few large tracts of land are available for redevelopment. 4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of- way. The developer is responsible for the extension of utilities to the lots if necessary. The developer is also responsible for street improvements at the time of platting and construction. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the property is valued at $189,300. The estimated City property tax revenue for the property is $658 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. Agenda Briefing Ordinance 0-05-1502 Page 3 of 3 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the five proposed new residences would add 48 vehicle trips per day to the surrounding roadways. Tinker Road is classified as a Minor Collector on the Master Thoroughfare Plan. There are no available traffic counts for this area. 7. Public Notification. Staff mailed notices to 23 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted a public hearing and considered this request at the December 13, 2004 meeting. The Commission recommended approval by a unanimous vote. Recommendation Approval Attachments · Location Map · Zoning Exhibit · List of Property Owners Notified · Ordinance 0-05-1502 Location Map l-40 \:J -2 ffi (.!) ::l 3 o irlA ~ R.40 ~ un'_ M f'jIIA." ...... m.:,. Zoning Exhibit 588'.57'&1"E 208.00 -- 'lIlX. WYb 14. -- .... ~~~ ,. MoW_ WI.l.. - 3e'e:L , un II -~~ 1t"Itf"'" ....'A'f. 133.34- I ".orofJfJ -- -- .------ sJlJ .,lfIII' ..-.'" --------------1 . . It , . ~~ OIL I. II<< .'It 'AT.c:r. ~ " .Q~& 0IL1'ArfJ. m J$J<<~ OIL::"~ 470 - G--. OIL"~ PAtc..t. ~ 1111.411 11 '0 . ~--' OIL to. Jr. .Jl . , -tit". I ""'iiii.. I I I I I I I ~ ; I OIL .., I P J:.'f. I I i a <0 ~ I I ! . ~ . OIL...b . t ..I.l.. Hardage Ln ,Q,,<<=& eM. " II<< .,. PAf.c.t. w.. llfor/c~ ore. Mlf .,. Z-04-041 Dale & Lynette Stowe 1304 Tinker Road Colleyville, TX 76034 Stuart Jansa 1201 Tinker Road Colleyville, TX 76034 Gregory & Susan B Scott 1109 Tinker Road Colleyville, TX 76034 Robert W & Sandra L Brown 1200 Hardage Lane Colleyville, TX 76034 Andrew S & Danna E Isley 1304 Hardage Lane Colleyville, TX 76034 Martin & Judy Strittmatter 5601 Ponderosa St. Colleyville, TX 76034 Richard & Patricia Dietz 1203 Hardage Lane Colleyville, TX 76034 Notices dated November 19,2004. According to the last published tax rolls, individuals who own property that is within 200 feet of the proposed request are listed above. I certify that the parties listed above have been notified of the proposed variance request as required by the Texas Local Government Code and the Collevville Land Develooment Code. Michael W & Nancy E Dotti 1310 Tinker Road Colleyville, TX 76034 Stuart C Cox 1308 Tinker Road Colleyville, TX 76034 Annie Tinker 513 Leta Lane Colleyville, TX 76034 Jerry & Leslie J Grieme 1308 Hardage Lane Colleyville, TX 76034 Jeff & Sue Kralich 1309 Tinker Road Colleyville, TX 76034 Michael J & Janet A Gabelmann 1301 Hardage Lane Colleyville, TX 76034 Julius E & Billie Jo Morse 1207 Hardage Lane Colleyville, TX 76034 Pleasant Run Baptist Church PO Box 95 Colleyville, TX 76034 Amy Shelley Planning & Zoning Assistant Neal & Janis N Ostman 1104 Tinker Road Colleyville, TX 76034 Gary D & Barbara Jenkins 1212 Tinker Road Colleyville, TX 76034 Charlotte Rose Gray PO Box 820928 Fort Worth, TX 76182 Robert R & Carolyn K Rice 1305 Tinker Road Colleyville, TX 76034 Michael A & Lorna McElaney 1106 Hardage Lane Colleyville, TX 76034 Robert & Mary J Lundgren 1209 Hardage Lane Colleyville, TX 76034 Dennis D & Kay L Jones 1205 Hardage Lane Colleyville, TX 76034 Jay B & V onna L McMeans 6013 Cooks Lane Colleyville, TX 76034 ORDINANCE 0-05-1502 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 3.67 ACRES OUT OF THE A. J. CALDWELL SURVEY, ABSTRACT 331, FROM THE AG- AGRICULTURAL DISTRICT TO THE R40 AND THE R20 SINGLE FAMILY RESIDENTIAL DISTRICTS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Dean DeCavitte on November 12, 2004, under Case No. Z-04-041; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map, attached as Exhibit "A", and described by metes and bounds, attached as Exhibit "B", by changing the zoning of said property from the AG-Agricultural district to the R40 and R20 Single Family Residential districts, as shown on the attached Exhibit HC". THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 4. Ordinance 0-05-1502 Page 2 of 2 THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney EXHIBIT A - ZONING MAP l-40 \:I -2 en w C) :> 3 o iliA ~ R.40 ~ EXHIBIT B - METES AND BOUNDS DESCRIPTION EXHIBIT A ZONING EXHIBIT R-20 BEING A TRACT OF LAND OUT OF THE ANDREW J. CALDWELL SURVEY. ABSTRACT NO. 331, TARRANT COUNTY, TEXAS, ACCORDING TO DEED RECORDED IN COUNTY CLERK NO. D , DEED RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT A 1/2- IRON PIN FOUND IN THE NORTH R.O.W. UNE OF HARDAGE LANE FOR THE SOUTHEAST CORNER Of' TRACT BEING DESCRIBED, SAID POINT BEING THE SOUTHWEST CORNER OF LOT 2, BLOCK I, CAROLYN'S ADDmON, AN ADDmON TO THE CITY OF COLLEYVlLLE, TARRANT COUNTY, TEXAS. ACCORDING TO THE PlAT RECORDED IN CABINET B, SUDE 941, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE NORTH 89 DEGREES 09 MINUTES 22 SECONDS WEST 400.00 FEET ALONG THE NORTH R.O.W. UNE OF SAID HARDAGE LANE TO A CAPPED IRON PIN SET' IN THE EAST UNE OF LOT 13, BLOCK A. I-IMOAGE ESTATES, AN ADDmON TO THE CITY OF COLLEYVlLLE. TARRANT COUNTY, TEXAS, ACCORDING TO THE PlAT RECORDED IN CABINET A, SUDE 470, PLAT RECORDS, TARRANT COUNTY, TEXAS, FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED; . THENCE NORTH 00 DEGREES 14 MINUTES 48 SECONDS EAST 150.01 FEET ALONG THE EAST UNE OF SAID LOT 13, BLOCK A, HARDAGE ESTATES AND THE EAST UNE OF LOT 10. MRS. '2/A PAUL'S SUBOMSlON, AN ADDmoN TO THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 3,88-0, PAGE 357. PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE SOUTH 89 DEGREES 09 MINUTES 22 SECONDS WEST 400.05 FEET TO THE WEST UNE OF SAID LOT 2, BLOCK I, CAROLYN'S ADDmON FOR THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 00 DEGREES 16 MINUTES 03 SECONDS WEST 399.84 FEET ALONG THE WEST UNE OF SAID LOT 2, BLOCK 1. CAROLYN'S ADDmON TO THE POINT OF BEGINNING AND CONTAINING 1.377 ACRES Of' LAND. MORE OR LESS EXHIBIT A ZONING E:(H1BIT R-4O BEING A TI~ Of' LAND OUT OF THE ANDREW J. CALDWELL SURVEY, ABSTRACT NO. 331, TARRANT COUNTY, TEXAS, ACCORDING TO DEED RECORDED IN COUNTY CLERK NO. D , DEED RECORDS, TARRANT COUNlY, TEXAS. AND BEING DESCRIBED AS FOLLOWS: BEGINNING IN THE WEST UNE OF LOT 2, BLOCK 1, CAROLYN'S ADDITION, AN ADDITION TO THE CITY OF COL1.EY\IIL'..E, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET B, SUDE 941, PLAT RECORDS, TARRANT COUNTY, TEXAS, FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LO<'.ATED 150.01 FEET NORTH 00 DEGREES 16 MINUTES 03 SECONDS WEST FROM THE SOUTHWEST CORNER OF SAID LOT 2, BLOCK 1, CAROLYN'S ADDmON; THENCE NORTH 89 DEGREES 09 MINUTES 22 SECONDS WEST 400.015 FEET TO THE EAST UNE OF LOT 10, MRS. '2/A PAUL'S SUBOMSlON,' AN ADDmoN TO THE CITY OF COLLEYVlLLE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN VOLUME 388-0, PAGE 357, PLAT RECORDS, TARRANT COUNTY, TEXAS, FOR THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED: THENCE NORTH 00 DEGREES 14 MINUTES 48 SECONDS EAST 250.04 FEET ALONE THE EAST UNE OF SAID LOT 10 MRS. '2/A PAUL'S SUBDMSION TO THE SOUTH LINE OF TINKER ROAD' FOR THE NORTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 89 DEGREES 07 MINUTES 33 SECONDS EAST 400.15 FEET ALONG THE SOUTH UNE OF SAID T1NKl~R ROAD TO THE NORTHEAST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 00 DEGREES 16 MINUTES 03 SECONDS WEST 10.30 FEET TO THE NORTHWEST CORNER OF lOT 1 R, SAID BLOCK 1, CAROLYN'S ADDITION AND CONTINUING ALONG THE WEST UNE OF SAID BLOCK 1, CAROLYN'S ADDITION IN AI..l 249.83 FEET TO THE POINT OF BEGINNING AND CONTAINING 2.295 ACRES OF LAND, MORE OR LESS M ,';If': 1UIlIMIlO!I ~r-"" EXHIBIT C - AGRICULTURAL TO R4 AND R20 -- *- l:lY2147 Sl5lr57'51"E 208.00 -- *- &~~ ,. _tit'. _1.1. lIlflO -.z~~ 'AtA" ----------- -- -- ------- ~~ -tA.fJJ. .,. ~~ - tA.fJJ. .'" -w'iL , ,,,orosJf' I 133.34 ,.. SOlfllfl; _ 3(l' 1M. 13.5.034 . ~"l&& _.... 470 ,.lUJ:.'I'. - . ~~ -1ArfJ: ....- 11 ,0 . ~-'-l CM" ~ 'A . " .. \Jr.. I I I 7'ii.. I I I I I I I ~:e= ; I -~ ... I , J:.1. I I ~ ~ p 00 ~ I I ! .. ~-.-t -,\'tP !!:.!:!:. Hardage Ln ~~& _ .. a.u. .'" ""'f.4T. 'lIP' lIlf7.-'-O -- _ .. a.u. .70 'AY'f. &:0.:-&& -. tA.rfJ: 470 CITY COUNCIL CC@!il(/) AGENDA BRIEFING Il.~:xa~ MEETING DATE: , 01/04/05 CITY MANAGER i ~---.s:c ~ ! - ITEM#: , 9 DEPARTMENT HEAD ! t"l&/::V ! ORDINANCE # : 0-05-1503 FINANCE REVIEW ! N.A. DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from AG and R40 to PUD-R on 10.2 acres located at 909-1009 Lavaca Trail, Case Z-04-035 Previous Action: None First Reading and Public Hearing Backqround Royal Building Corporation and Comis Development are the developers of a 10.2-acre parcel of property located on the south side of Lavaca Trail, just east of Precinct Line Road. The applicant has submitted a request to change the zoning on the property from AG Agricultural and R40 Single Family Residential to PUD-R Planned Unit Development Residential. The owner is seeking a zoning change in order to develop the property as single family residences. The developer proposes to construct 27 single family lots, with a minimum lot size of 11,175 square feet. The density of the proposed development is 2.64 dwelling units per acre. There is one primary street entrance proposed on Lavaca Trail. The entrance is split between two driving lanes separated by medians. The property is currently used for single family residential purposes. The surrounding property is single family residential in nature. All the surrounding property is zoned R40, with the exception of the Emerald Park subdivision, located south of the site. Emerald Park is zoned PUD-R and is developing as single family residences. The property at both corners of Lavaca Trail and Precinct Line Road are zoned for commercial development. The Land Development Code provides that the PUD-R district is "designed to encourage the most appropriate uses of land, permit flexibility to encourage a more creative, efficient, environmentally pleasing and aesthetic design regarding the spatial arrangement of buildings and land uses, open spaces, circulation and transportation patterns, and considerations of special site and topographic features." The PUD-R district also allows the Planning and Zoning Commission and City Council to adopt specific requirements for this property that may include special conditions to minimize or enhance the effect of the development on adjacent properties. A draft copy of the rezoning ordinance for this property is attached, which is based on the applicant's proposal. Open Space. The PUD-R regulations require that 20% of the land area be dedicated as private open space for leisure and recreational use by the residents in the development. The open space also offsets the smaller lot sizes allowed in the PUD-R. The proposed Agenda Briefing Ordinance 0-05-1503 Page 2 of 4 development contains 1.38 acres of private open space, which is 13.52% of the development area. The private open space areas are located within five wide medians in'the street, and in a small park area in the southwest corner of the development. The developer has indicated that walking trails would be constructed in the medians. New trees are proposed in the medians and in the park area. A portion of the park area would include a storm water detention area, which will be determined at the time of platting. The Land Development Code allows for the Council to consider private open space towards the PUD-R requirements of 20% open space. Number of Subdivision Entrances. The Land Development Code requires that subdivisions with more than 12 lots must be served by two subdivision entrances. Several design options are provided in the Code. The proposed street entrances do not meet the requirement for two separate entrances into the subdivision. The entrances are 60 feet apart between centerlines; the Land Development Code requires a minimum 100-foot separation between street centerlines to qualify as two separate entrances. As proposed by the developer, the Land Development Code will require that all houses within the subdivision contain an automatic fire sprinkler system. The applicant is requesting that the entrance be approved as shown to qualify as two separate entrances. The following is an analysis of the major issues associated with this rezoning request. Master Plan and Residential Density. The current Colleyville Master Plan (2004) suggests that higher-density transitional single family developments should be located in the Precinct Line Road corridor area, primarily to buffer larger single family development to the east from the commercial development adjacent to Precinct Line Road. The projects should be located near a major street intersection or on smaller parcels that make less dense development economically difficult. The suggested maximum density of these transitional single family developments is 3.5 dwelling units per acre; the proposed development has a density of 2.64 dwelling units per acre. The density of Emerald Park, located to the south of this proposed development, is 3.5 dwelling units per acre. Lot Sizes. The PUD-R standards allow for lots as small as 13,000 square feet, provided the average lot size is 16,000 square feet. The minimum lot size in the proposed development is 11,175 square feet. The proposed lot sizes, widths and depths are not consistent with PUD-R regulations. The developer is requesting that the lots be approved as shown on the zoning exhibit. Number of Subdivision Entrances. The Land Development Code requires that subdivisions with more than 12 lots must be served by two subdivision entrances. Several design options are provided in the Code. The proposed street entrances do not meet the requirement for two separate entrances into the subdivision. The entrances are 60 feet apart; the Land Development Code requires a minimum 100-foot separation to qualify as two separate entrances. As shown, the Land Development Code will require that all houses within the subdivision contain an automatic fire sprinkler system. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. The applicant is required to Agenda Briefing Ordinance 0-05-1503 Page 3 of 4 construct a 5-foot wide sidewalk adjacent to Lavaca Trail at the time the public improvements are constructed. Impact Issues 1. Master Plan. The current Colleyville Master Plan (2004) designates the future use of this area for residential land uses. This request is consistent with the overall goals and objectives of the Master Plan. 2. Surrounding Properties. The surrounding properties are developed as single family neighborhoods and residences on large acreage tracts. The property on Precinct Line Road is zoned for commercial development. 3. Development Trends. Over the last several years, new single family subdivisions have been constructed in this area: Clairemont, Rosewood Villas, Remington Park Phase IV, and Emerald Park. Commercially-zoned properties are located on Precinct Line Road just west of this site. The western part of Colleyville, especially in the Precinct Line Road corridor, is experiencing a significant amount of development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. The developer is responsible for the extension of water and sewer service lines to the individual lots. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the parcel is valued at $511,577. The estimated City property tax revenue for the property is $1,777 annually. The future property tax revenue would depend upon the value of each individual lot and the value of the house built on the lot. 6. Sales Taxes. The project will not directly generate sales tax revenue. The addition of 27 new houses could indirectly have a positive impact on sales tax revenue due to new residents shopping in Colleyville. 7. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, the 27 proposed residences would add 258 vehicle trips per day to the surrounding roadways. 8. Public Notification. Staff mailed notices to 17 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. One letter in support of the request has been received and one letter in opposition has been received regarding this request. Copies of these two letters are attached. Agenda Briefing Ordinance 0-05-1503 Page 4 of 4 Summary and Planninq and Zoninq Commission Recommendation The Planning and Zoning Commission initially considered this rezoning request at the October 11, 2004 meeting. Due to the concerns of those citizens speaking at the public hearing, the Commission tabled the rezoning request to allow the applicant an opportunity to meet with the property owners surrounding the property in question to resolve their issues and address their concerns. The applicant's original proposal for a 29 lot development was modified to a 27 lot development proposal. The Planning and Zoning Commission recommended denial of the rezoning request by a unanimous vote at the November 22,2004 meeting. The developer submitted a written request for the City Council to consider the rezoning request. The Land Development Code requires a super-majority vote for the City Council to approve a rezoning request that has received a recommendation for denial from the Planning and Zoning Commission. Recommendation Denial due to technical non-compliance with the PUD requirements contained in the Colleyville Land Development Code. Attachments . Location and Zoning Map · Zoning Exhibit . Information from Applicant . List of Property Owners Notified . Correspondence Received · Ordinance 0-05-1503 ee2. 0- 0". II,.' ~ R- 0 Location and Zoning Map -40 .,. .\ i\ 1\ . \\1 Y :t ......\ . I I . I I , MUS' r Zoning Exhibit --- - - - - - --..- - ----- - -Lt.'-"='- - - _. 1IUl1_ w::-=-::~ ----- ::::==.:::.~ ,I--l~'r--I, II l' I lij . I 2'7 II ' I' H' . 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I \ ~ '-,".0' _________ ,___________\ ----------__-J ~-------=z=_______=t=_______ --- FROM REAVES ROYAL HOMES PHJNE HJ. 817 281 4177 Dec. 02 2004 11: 34AM Pi ROYAL BUILDING CORP. . dba Reaves Royal Homes iiIl 7420 Comis Drive N, Ricbland Hills, TX 76180 December 2, 2004 Clayton Husband, AICP Development Coordinator City of ColleyviUe Colleyville, TX 76034 Re; Case Number Z-04-035 Zoning CmmgeJDevelopment OfLavll<:a Trail F..states Io<:ated at 909.1009 Lavooa Trail Dear Mr. Husband, This letter is to infOrm you that we would like the City Council to consider our request for the above described zoning change. We would like to be placed on the agenda for the upcoming January meeting of the City Council. Also, while appealing we have decided to make significant changes to the proposed development as suggested by the Planning and Zoning Commission. You also indicated that this could be done prior to the January City Council meeting_ We will submit these change to you by mid December. as you indicated this was the deadline. ff you have any questions or concerns please comact us at 817/281-0098. Sincerely, Royal Building COIp ant Comis Development Corp. ~1)~iJ/~()~ BJ. Reaves/Mark Comis Z-04-035 Zimmerman, Jeffrey K 6403 Champion Way Colleyville TX 76034 Mcintosh, Doyle & Mary Fam LP, 8333 Thornhill Dr North Richland Hills TX 76180 Chandler, Raman L 7001 Lismore Ct Colleyville TX 76034 Stajduhar, Martin etux Lisa 101 Williamsburg Ct Colleyville TX 76034 Jones, Jerrell W 11111 Abbeywood Oklahoma City Ok 73170 Mittag, Andrew K etux Janet A 901 W Lavaca Trl Colleyville TX 76034 Plain, Veri etux Ruth Ann 909 W Lavaca Trl Colleyville TX 76034 Ogle, Danny G & Ruth A 1009 W Lavaca Trl Colleyville TX 76034 Ruggere, Judy 1013 W Lavaca Trl Colleyville TX 76034 Martin, Stephen L etux Nan C 813 W Lavaca Trl Colleyville TX 76034 Emerald Park Resid Dev Ltd 6420 Remington Pkwy Colleyville TX 76034 Goodman Family of Builders LP 5808 W Piano Pkwy Piano TX 75093 Goodman Family of Builders LP C/O Alamo Title Co 4908 Colleyville Blvd Ste 306 Colleyville TX 76034 Perkins, Timothy B etux Amber 6032 Sterling Dr Colleyville TX 76034 Goodman Homes Inc 4908 Colleyville Blvd Ste 306 Colleyville TX 76034 Mark Comis, applicant Comis Development Corp 7420 Comis Court North Richland Hills TX 76180 BJ Reaves, applicant Royal Building Corp 7420 Comis Court North Richland Hills TX 76180 Notices dated December 3, 2004. According to the last published tax rolls, individuals who own property that is within 300 feet of the proposed request are listed above. I certify that the partie listed above have been notified of the proposed request as required by the Colleyville Code of Ordinances. Amy Shelley Planning & Zoning Assistant Andrew and Janet Mittag 901 West Lavaca Trail Colleyville, TX 76034 October 6, 2004 Planning and Zoning Commission c/o J. Clayton Husband AICP Development Coordinator City of Colleyville 100 Main Street Colleyville, TX 76034 Re: Case Number Z-04-035 to be heard on October 11,2004 at 7:00pm Dear Mr. Husband: Our property is located immediately to the east of the property that is subject to the request of a zoning change. Pursuant to our conversation the other day, we would like to provide several written comments to the above matter as the proposed development will have a direct impact not only on ourselves, but also to our neighbors. Water Drainage Issue: We have appended a copy of a survey that was completed as part of the purchase of our property in early 2001. The drawn arrows indicate the flow of rainwater onto our property and off of it. Our property is a major collection point of water drainage not only from the northeast (Remington area) but also from the east because the property sits lower than the referenced area. The water fills our retention pond and spills over and fills the creek bed in the property to the west the property (Le. Case Number Z-04-035 being proposed for rezoning). Water that collects at our house and south of the house runs across the property to the west. As a result after a major rainfall, we and our neighbors to the east do not have any standing water on the properties except for our retention pond. I have seen, however, that the property being proposed for rezoning has had standing water. In fact, part of the driveway has been submerged. Therefore, any development needs to take this water issue into account and ensure that the water flow is not interrupted. Open Space Issue: Under City of Colleyville ordinances, new developments require that 20% of the land be dedicated to "Open Space". This requirement, as we understand it, does not include space dedicated to retention/detention ponds (see minutes of9/27/04 public hearing on Case number Z-04-032). Since the center roadway divider to the proposed development appears to be the only Open Space, the development does not address the ordinance requirements. Density: The density of the proposed development is substantially similar to that proposed under Case Z-04-032 (see minutes of 9/27/04 public hearing). In that case 33 properties were being proposed on 9.9 acres. In this case, 29 properties are being proposed on 10.2 acres. During the September 27 hearing, the Planning and Zoning Commission noted that under the Master Plan, developments such as Emerald Park were intended to be transitional zones between Re: Letter to Planning and Zoning Commission dd. 10/6/04 the commercial area right off of Precinct Line. The Commissioners noted that areas to the east of these transitional zones should embody the more traditional characters that Colleyville is known for and that we, the citizens of Colleyville, bought into. While this development only borders slightly more than two (2) Emerald Park properties, the balance borders the property that is the subject of Case number Z-04-032. There area total of 10 acres to the west of the proposed development which also are east of the commercial area contemplated by the Master Plan. Therefore, the proposed development under Case Number Z-04-035 cannot be considered a transitional zone. Furthermore, having 29 homes on 10.2 acres sited between 5 acre lots is simply incongruous unless the developer is seeking to force out the other residents of Lavaca Trail, all of whom had bought into the Colleyville quality of living. Barrier: As we and our neighbors to the east look west we see a forest in the property being proposed for rezoning. While we cannot and will not stop progress so that future citizens of Colleyville can benefit from our quality oflife, the boundary between our property and the property proposed for rezoning should not result in a razed landscape. The developer should be of the same mind especially since we and our neighbors have either horses or cattle. In fact, in our case, we are very involved in Lone Star Equine Rescue, the largest horse rescue organization in the United States. We serve as a foster home for this organization. While under Colleyville ordinances we are permitted to have up to 15 horses on our five- (5) plus acres, we have never had that many. But our population will fluctuate anywhere from 5 to 10 horses. These horses are free to roam our entire property and would, therefore, have some "impact" on all the backyards that are proposed to border our property. Regardless of the density of this proposed development, the developer also needs to take into account the type of barrier used.. Wooden barriers used in Emerald Park may work in transitional zone, but as discussed above, this development will not be in a transitional zone. Moreover, from the developer's marketing perspective, the developer is likely to sell properties more rapidly if there is an attractive fixed, mason barrier between our respective properties. This letter is still not representing all the issues on Lavaca Trail that need to be discussed in light of this proposal. For example, road condition (due to the Remington 4th Addition development), lack of sewers, lack of storm drains, and lack of speed limit signs. As you can see, the list is quite lengthy. We, as current residents, hope and assume that all of these issues will be addressed in a public venue before any form of development is undertaken. Sincerely, encl . I l~f>xe ':t-L ! 11m Y:WWl ~ .. .") (). \ -..1........._ --....... ;"-"""""""~,~:";::V"~.'~~'~"""~ ~ if ~V~ ............. ~ .~. - -- ~...:...~:,.,~~, \Y _....-.._-..--:l--..1~~~"-...""rmu ,~...- .-._- - ,/ . i I \: -.. f-jt-... ----"------'-r---.--tr I" ..-.' /' ~;"') !: III 'Y' [: l i 11 ~~! 1;1 I: ! I ~ I / . II t:.---/ I 'i, if/- "t L! ~: '" i i ii, ?---~---1~) II i :.I..! ~~ c::.- r I :,,1 ~: \ I !~I !;i \; : i: ~ ~'. "../ : ,. I tr' : ~ ' ~ :1 i ~; ; I: ~ ~i : '." , w! . :: ;i I ~i ~ n: : ': II, I rL : i:. tri., J;~'~fl ...-_.1;' ~~~:_'--- >--..,. /0i I ~I~ }r:8iL !: II : ~~;%: /~;' !;; 11,. ~~~... ..<'.r.. z..".. .- '-, . 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Hr..ll W.I il t.. lJ ". ~, i' ill f ~ I 1j: j! sl ~. n f u I ~ U~~j~ !Jj;jl~. ~p I '~ "'1 a ~ fi hu 4i ~ 1li I. 11 ~ :~ a ' ,~ ~= ~ .j II I- f- , t~ Ii !i f Amy Shelley Planning and Zoning Assistant Community Development Department City of Colleyville 100 Main Street Colleyville, TX. 76934 Re: Case Number Z-04-035 Dear Ms Shelley: Thank you for taking time to review case number Z-04-035 on Tues., January 4, 2005. Unfortunately, we (Mr. and Mrs., Marty Stajduhar) will be out of town that day, therefore, our feeling on this matter are contained in this letter. As property owners that are adjacent to the 10.2 acres at 909-1009 Lavaca Trail, we are against any zoning change that would affect the present AG and R40 status. At the November 22, 2004 Planning and Zoning Commission Meeting ,the Board Members elegantly pointed out the violations and contradictions to the Master Plan of Colleyville. High density, 29 houses per 10 acres abutting 5 and 10 acres estate homes would be analogous to putting a Wal-Mart next to the Colleyville City Hall, completely out of character and place. Bailey Draper was turned down when he attempted to put a higher than normal density cull de sac on five acres of John Mc Cain Road approximately 3years ago between multiple acre estates. This entire development concept is a slap to the past and present planning and zoning commission members and city council members. Their slam dunk mentality to ram rod their ideas goes against past and current rules and vision of our city. Again, thank you for allowing us to voice our opinions and concerns. Sincerely, , ~u411(~ Mr. Marty Stajduhar 101 Williamsburg Court Colleyville, TX. 76034 RECEIVED DEe 2 9 2004 Per ............. Amy Shelley Planning and Zoning Assistant Community Development Department City of Colleyville 100 Main Street Colleyville, TX. 76034 RE: Case nunber Z-04-035 Dear Ms Shelley: Thank you for hearing our feedback about case number Z-04-035. We are sending this letter because we will be out of town on January 4, 2005. We are against the proposed change from AG and R40 to PUD-R on 10.2 acres located at 909-1009 Lavaca Trail. We feel that the City Council has heard our concerns about the open space issues and drainage issues at the previous hearings. In addition, we feel that there is a density issue with the proposed subdivision that is not commensurate with the other subdivisions in Colleyville. We have repeatedly expressed this to the Colleyville Planning and Zoning Committee. We do not feel that the developers have attempted to meet the intent of the Master Plan and have not negotiated with us, the citizens, in good faith. In addition, there are significant issues that plague this area that have not been addressed in any of the proposals. This area is not part of the transitional zone and the developer's proposals do not fit in with the current "feel or intent" of the area. Everyone that lives in this area has 5 to 10 acre lots. We all have what we consider to be estate lots with farm and ranch animals in abundance. The Mittag's rescue Horses for Lone Star Rescue, the Gohr's have farm and ranch animals and Mr. Zimmerman has cattle. In addition, Mr. and Mrs. Martin raise competition Newfoundland dogs. (All of these people are our neighbors on Lavaca Trail) We raise coastal hay and horses, in addition to our therapeutic riding and hippotherapy program that we have on our property for handicapped children and adults. We have numerous horses, dogs, and cats, and feel that to superimpose a high density subdivision in this environment would be setting everyone up to fail. It would constitute a conflict of ideals for the subdivision buyers and the current owners of the estate lots. The subdivision buyers would come with one set of expectations and we would have bought with a completely different set of expectations. We ask you to deny this request for re-zoning. Please call us if you have any questions about this issue. We are not completely opposed to the land being developed, but we feel that the Colleyville Master Plan should be followed and the developers should pay particular attention to the density issues and drainage issues. lfCere'y~, ~~. Lisa Stajduhar 101 Williamsburg Court Colleyville, TX. 76034 Owner of: 816 L.D. Lockett RECEIVED DEe 2 9 2004 Per ............. Andrew and Janet Mittag 901 West Lavaca Trail Colleyville, TX 76034 December 29, 2004 Mayor Joe Hocutt Councilman Mark Skinner Councilwoman Elaine Dolan Councilman Rich Hendler Councilman John Ayers Councilman Tom Hart City of Colleyville 100 Main Street Colleyville, TX 76034 Re: Case Number Z-04-035 to be heard on January 4 at 7:30pm Dear Mr. Mayor and City Council Members: This case's history dates back to September ofthis year. Our property is located immediately to the east of the one subject to the request to a zoning change. We have had several meetings with the Planning and Zoning Commission (the "Commission") as well as with the developer, Royal Building Corp and Comis Development Corp (the "Developer"). Appended is a detailed timeline in this matter. The Commission's initial ruling was that the Developer needed to coordinate with the neighbors and come up with a generally agreeable plan. From our perspective, the coordination pursued by the Developer has been nothing more than a "check the box" effort as the fmal plan submitted is basically the same as the one originally presented (see attached). We believe that the Commission recognized this and, consequently, unanimously ruled against the zoning change. That this matter is now coming in front of you simply mocks the Commission and the citizens who have tried to work with the Developer. Outlined below are the key points in this case. We also have appended a copy of the letter we submitted to the Commission on October 6,2004. We would be happy to address these issues as well as any others that you may want to discuss. Quality of Life: We, as most of our neighbors, want to maintain the rural quality of life in the area. It was one of the main reasons we moved to this part of Colleyville. In our case it affords a quality of life disappearing from the DFW Metroplex. It enables us to maintain horses, a symbol for the City of Colleyville, and, we are also able to pursue our passion for horse rescue. This complements our upper part ofLavaca Trail where we have two licensed therapeutic riding instructors as neighbors. Our selling neighbors and the neighbors to the west of them have argued that progress is inevitable and that development will strengthen Colleyville's tax base. We are not in agreement concerning the inevitability of this type of development. White Chapel serves as an example. We also disagree about the outcome of this type of development on Colleyville' s tax base. While tax revenue will increase, the type and quality of housing will determine whether the tax value will be maintained, will decline or will increase over time. Re: Letter to the Mayor and City Council of Colleyville dd. 12/29/04 Colleyville is known for high-end housing on lots of 0.5 acres or more. This is a key draw to our city. Over the long run, values tend to hold and appreciate more strongly in such areas as compared to many other communities in the area. Will a Remington Park perform better for the City or will Emerald Park? We believe that higher-end housing will protect Colleyville's tax base in the future. There is strong potential for a higher-end development in the area being considered for rezoning. There are existing ponds which could be attractively landscaped and continue to capture the considerable drainage coming from the northeast, east, southeast and south. In addition, there are a large number of attractive, sizeable, and mature trees. There are two ways to take advantage of these positive topographical elements. Either the lot sizes are increased considerably or the amount of common space or open space is increased considerably. Either one of these strategies would contribute to a stronger valuation. Transition Zones: There has been much discussion among the Commission, City Council and citizenry with regard to Transition Zones. Everyone seems to favor them. At the October 19th City Council meeting, the Master Plan was approved on the basis of having "mutually agreeable transition areas". In addition, "transitional is to be a transition." (see Minutes to 10/19/04 City Council Meeting). The attached Proposed Use map was recommended in the Precinct Line Road Corridor Study (Revised 2/6/04) and approved by the City Council as part of the Master Plan. Between LD Lockett and Lavaca Trail, the single family transitional zone is bounded on the east by the straight line that runs along Emerald Park, and on the west by the two-lane road (to be built) that joins McDonwell and LD Lockett. The area to the west ofthe two-lane road is designated commercial. The area to the east of the Emerald Park line is designated single family. 909 Lavaca, the eastern 5 acre property being considered for re-zoning, is not on the transitional zone whereas 1009 Lavaca, the western 5 acre property being considered for re-zoning, is largely in the transitional zone. It would look silly to have part of the development look transitional and the other part not. Therefore, the entire development should be single family non-transitional. Density and Open Space: Weare reluctantly in favor of a lower density development. An R40 or R20 zoning would be consistent with the area. We have discussed above how our less dense area is sought out and how this would be better for the community over the long run. Indeed, the people ofColleyville continue to care about the area. The City and its citizenry remain focused on larger lots. Case Z-04-039 concerned a property on John McCain which applied for re- zoning from AG to R40. Aside from the quality of life issues, the proposed development is inconsistent with the Master Plan and PUD-R regulations. "The Master Plan (1998) suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The Master Plan also suggests that higher-density projects should be located near a major street intersection or on smaller parcels that make less dense development economically difficult." (See Commission Agenda Briefing dd.l1/22/04) The proposed development has a density of 2.64 units per acre. PUD-R regulations require that 20% of the land area be dedicated as open space for leisure and recreational use. The proposed development only has 13.5% of the area dedicated to open space. This open space is limited to 5 medians in the street and a small park which would contain a storm water detention area. The space is not only insufficient, but also not very leisure-friendly: Rarely have we seen anyone enjoying a walk on street medians! Page 2 of 4 Re: Letter to the Mayor and City Council of Colleyville dd. 12/29/04 Water Drainage: Our letter of 10/6/04 that we have appended describes in detail the extensive water challenges that the Developer faces. While the Developer assured us that this could be dealt with, it is unclear in our minds how this will be accomplished with only one retention pond especially in light the substantial reduction in non-cement covered ground. The Developer: In our meeting with the Developer, he explained that he has developed in Watauga and Haltom City and is currently developing on Rutledge between Precinct Line and Davis. The price point of his homes there start in the 200's. He is planning to develop the properties in question with homes ranging from $400 to $650k - up to 5,000 square feet. We are not sure he has the experience necessary to build homes in this price range. The Developer is not from Colleyville and, to our understanding, has never developed in our area. Based on our conversation, he does not have an understanding of our community, its traditions and the Master Plan. What long-term vested interest does he have in our community? The answer to this question is apparent as there was no material change to his plans, even though he met with us and a large number of the neighbors who voiced concerns and issues. Lastly, given all of the issues especially the water drainage challenge, we are surprised that the Developer or his engineer did not once ask once to come to inspect our property and get a first hand understanding. Barrier: Our letter of 10/6/04 describes in detail our issues with a wooden barrier. In short, wooden barriers used in Emerald Park may work in transitional zone, but as discussed above, this development will not be in a transitional zone. Raman Chandler has a nicely masoned barrier surrounding the Rosewood Villas development. Lastly, the Developer is likely to sell properties more rapidly if there is an attractive fixed, mason barrier between our respective properties. Process: The Commission has separately discussed how a zoning change can result in a very different development once platting is commenced. While it is difficult to set platting in stone once a zoning change is requested for a proposed development, the Developer should be required to go through the same rigorous process as when the zoning change was first requested. Therefore, in this case, the Developer should do more work on developing his plans before it is presented for approval. This letter is still not representing all the issues on Lavaca Trail that need to be discussed in light of this proposal. For example, degraded road conditions (due to the Remington 4th Addition development), lack of storm drains, and lack of speed limit signs. The full list is quite lengthy. We, as current and future residents, hope and assume that all of these issues will be addressed in a public venue before any form of development is undertaken. Sincerely, 1 ./' I. ..'; /11/ ;j' ~ U i ,G ~~ I V (L--c i~ "9'. RECEIVED DEe 2 9 2004 Per .............1 encl Page 3 of 4 Re: Letter to the Mayor and City Council of Colleyville dd. 12/29/04 Detailed Timeline Notice received for Planning and Zoning Commission Meeting 9/28/04 Mittag Letter Sent 10/6/04 Planning and Zoning Commission Meeting 10/11/04 Letter dd. 11/4/04 received from Developer 11/6/04 Andrew Mittag 1 Y2 hour meeting with Developer 11/9/04 Neighborhood 1 hour meeting with Developer 11/17/04 Notice received for Planning and Zoning Commission Meeting 11/19/04 Andrew Mittag call to Developer 11/19/04 Planning and Zoning Commission Meeting 11/22/04 City Council Meeting 1/4/05 Page 4 of 4 P I t1 H s:~.. ~lJ,L.<( i -H e....{ {c t- 7 ' (. 1'1..1.. { 1/ '((l ..... 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I...I\"~, . f',....,,.q~~\? 1J.",.t- ".......... .......... .........r, ,...... y y':vu evC{ lot ft,{vrk.- Andrew and Janet Mittag 90/ West Lavaca Trail Colleyville, TX 76034 October 6, ]()04 Planning and Zoning Commission c/o J. Clayton Husband AICP Development Coordinator City of Colley vii Ie 100 Main Street Colleyville, TX 76034 Re: Case Number Z-04-035 to be heard on October II. 2004 at 7:00pm Dear Mr. Husband: Our property is located immediately to the east of the property that is subject to the request ofa zoning change. Pursuant to our conversation the other day. we would like to provide several written comments to the above matter as the proposed development will have a direct impact not only on ourselves. but also to our neighbors. Water Drainage Issue: We have appended a copy ofa survey that was completed as part of the purchase of our property in early 200 I. The drawn arrows indicate the now of rainwater onto our property and off of it. Our property is a major collection point of water drainage not only from the northeast (Remington area) but also from the east because the property sits lower than the reterenced area. The water tills our retention pond and spills over and fills the creek bed in the property to the west the property (i.e. Case Number Z-04-035 being proposed for rezoning). Water that collects at our house and south of the house runs across the property to the west. As a result after a major rainfall. we and our neighbors to the east do not have any standing water on the properties except for our retention pond. I have seen. however. that the property being proposed for rezoning has had standing water. In fact, part of the driveway has been submerged. Therefore, any development needs to take this water issue into account and ensure that the water flow is not interrupted. Open Space Issue: Under City of Colley vi lie ordinances, new developments require that 20% of the land be dedicated to "Open Space". This requirement, as we understand it, does not include space dedicated to retention/detention ponds (see minutes of 9/27/04 public hearing on Case number Z-04-032). Since the center roadway divider to the proposed development appears to be the only Open Space, the development does not address the ordinance requirements. Density: The density of the proposed development is substantially similar to that proposed under Case Z-04-032 (see minutes of 9/27/04 public hearing). In that case 33 properties were being proposed on 9.9 acres. In this case. 29 properties are being proposed on 10.2 acres. During the September 27 hearing, the Planning and Zoning Commission noted that under the Master Plan, developments such as Emerald Park were intended to be transitional zones between Re: Letter to Planning and Zoning Commission dd. 10/6/04 the commercial area right off of Precinct Line. The Commissioners noted that areas to the east of these transitional zones should embody the more traditional characters that Colleyville is known for and that we, the citizens of Colley vi lie, bought into. While this development only borders slightly more than two (2) Emerald Park properties, the balance borders the property that is the subject of Case number Z-04-032. There area total of \ 0 acres to the west of the proposed development which also are east of the commercial area contemplated by the Master Plan. Therefore, the proposed development under Case Number Z-04-035 cannot be considered a transitional zone. Furthermore, having 29 homes on '0.2 acres sited between 5 acre lots is simply incongruous unless the developer is seeking to force out the other residents of Lavaca Trail, all of whom had bought into the Colleyville quality of living. Barrier: As we and our neighbors to the east look west we see a forest in the property being proposed for rezoning. While we cannot and will not stop progress so that future citizens of Colleyville can benefit from our quality of life, the boundary between our property and the property proposed for rezoning should not result in a razed landscape. The developer should be of the same mind especially since we and our neighbors have either horses or cattle. In fact, in our case, we are very involved in Lone Star Equine Rescue, the largest horse rescue organization in the United States. We serve as a foster home for this organization. While under Colleyville ordinances we are permitted to have up to 15 horses on our five- (5) plus acres, we have never had that many. But our population wi II fluctuate anywhere from 5 to 10 horses. These horses are free to roam our entire property and would, therefore, have some "impact" on all the backyards that are proposed to border our property. Regardless of the density of this proposed development, the developer also needs to take into account the type of barrier used.. Wooden barriers used in Emerald Park may work in transitional zone, but as discussed above, this development will not be in a transitional zone. Moreover, from the developer's marketing perspective, the developer is likely to sell properties more rapidly if there is an attractive fixed, mason barrier between our respective properties. This letter is still not representing all the issues on Lavaca Trail that need to be discussed in light of this proposal. For example, road condition (due to the Remington 4th Addition development), lack of sewers, lack of storm drains, and lack of speed limit signs. As you can see. the list is quite lengthy. We, as current residents, hope and assume that all of these issues wi II be addressed in a public venue before any form of development is undertaken. Sincerely, encl RECEIVED; DtL 2 9 2004 Per ........~._~.3 No {'~ ul!l!I1!I~ I!J. irn~m~ ~ p, 1~J;!'Jp.nif .J ,mffli~~,F .: i:J"'," ' fi Ut!!iIU, J .: 1!r,t~1:"111: =' .11i.:{,i::W ~ " ~ .j n il f. ." :1 j' l' ifJ U~b! I H;II,. I fill;l: . L ..,1 ~~~_~} ~'-.,,~,~.t · ().~L r" ~" ,,__-.,....,.. ~'-.""",. VJ _ L. \' .lIIIIl;\...l"Jt" ) , __',' ___ f -lJT/..~ \Y I:.j ..._-, -.-. ~i I K" - ./ : : :iIX' i! I J? l! , .- __-. , I r. /1'" /: I /(./ ;t!// :! It i / ill .: /_./ i . i! t.f ,I ~ :!i I /. ~ :f.:....... : I i ~/ ~ 1 j .i' !/pf I' \ I ,I ",. ,...J' :d " 'f: , . "1 ; ~~! i r:; · I I ~.~ ' .=-"- ,I I: -"--.. ,.~~. ~Af\c-",?","~,r-' ," i , ~2~, ~,;? ~'.i ' , r.i:'"~",.", 0~' .,' . " :2<-." ,0' I ,'"'\c.-\#S . '!, ::.-'~ ,- -',: . ;., ""' i~ I ,.-.- ,.!: : : i ,t · I" . it , -4- :!:; ~i . ' : I" ~ , ,.---' :::~ , .. ~!~ kJ~~_ : s~! :! c- ' -- 'I ;-..-r----'.-...... --,. :" :: ' -', : j II;' "I#l~1; '1 , r,.." ..' " , . : r'):' ~ : , I' : :~','<<',I ; : i,;'/;:'~ ' I' I ' ~:~.;:.", ' ; , ,!(:: ~,' : ~~ t:: ,...__._____ ~:;~~H .. - ",.. .-.. " i- ----+--- _l... -' . '.< . : i t""~ t: ,-~-=-z:-;;-". i · ~ r.':.. "'''i'" . 'r I ! I I' I i ~, t ~ I ~ . I: ' " ~; : ~I I, · ij i: ,- - ,:j " ' , : ' I , 1 ~ t ~.. ,,'.(,\ II I i. i! OJ j( I ~j~ Ii . November 16,2004 Re; proposed development of property at 909/1009 Lavaca Trail To Whom It May Concern: We own the 10 acres immediately to the west of the subject property. Our physical address is 1013 W. Lavaca Trail and 1101 W. Lavaca Trl. Colleyville, TX 76034 We have viewed the developers preliminary plans and are for the development of this property for single family homes. It is nice to see a developer come in with plans to develop larger lots instead of the smaller postage stamp variety. Sincerely, Judy Ruggere / Lewis Martin 817/485-0913 23/ rf 0<" '. I ,.....,c:, , ~-'" 'l.! / ORDINANCE 0-05-1503 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOTS 2 AND 3, BLOCK 1, LAVACA TRAIL ADDITION, FROM THE AG AGRICULTURAL AND R40 SINGLE FAMILY RESIDENTIAL DISTRICTS TO THE PUD-R PLANNED UNIT DEVELOPMENT RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Royal Building Corporation and Comis Development on September 20, 2004, under Case No. Z-04-035; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described as Lots 2 and 3, Block 1, Lavaca Trail Addition, by changing the zoning of said property from the AG Agricultural and R40 Single Family Residential districts to the PUD-R Planned Unit Development Residential district, as shown on the attached Exhibit liB", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-R shall be subject to the following conditions: 1. GENERAL a. The purpose of the PUD-R area is for single-family residential development. Ordinance 0-05-1503 Page 2 of 4 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES a. Single family residences, detached b. Open space 3. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. Residential lot requirements and setbacks shall comply with the following provisions: (1) Minimum Lot Size (2) Minimum Lot Width (3) Minimum Lot Depth (4) Front Building Line (5) Side Building Line (6) Side Setback to street Right-of-Way (7) Rear Building Line 11,175 square feet 72 feet 140 feet 30 feet 1 0 feet 1 5 feet 1 0 feet b. The maximum number of single-family lots allowed within this development shall be twenty-seven (27) lots. 4. OPEN SPACE a. The PUD-R area shall provide a minimum of thirteen (13%) percent of the residential project area as common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. b. The common open space may be utilized for storm water detention purposes. c. Sidewalks shall be constructed within the medians located within the streets. The sidewalks shall be at least four (4) feet wide. 5. CONCEPTUAL SITE PLANS AND PLATTING a. The residential lot layout of the PUD-R area shall be generally consistent with the conceptual site plan attached as Exhibit liB". The actual street and lot arrangement may differ from that Sec. 3. Sec. 4. Sec. 5. Sec. 6. Ordinance 0-05-1503 Page 3 of 4 shown on Exhibit liB" to accommodate physical, topographic, drainage or other conditions. b. Prior to the issuance of any development permits on the subject property and as a condition to the development of the subject property, the developer shall obtain approval of a preliminary and final plat of the property in accordance with the procedures and requirements of the Colleyville Land Development Code. 6. SIDEWALKS AND TRAILS a. The developer shall construct a five (5)-foot wide sidewalk adjacent to Lavaca Trail at the same time building improvements are made on the lot, unless funds are escrowed with the City for future construction of the sidewalk. b. Each homebuilder shall construct sidewalks along lot frontages. All sidewalks shall be in accordance with the requirements of the Colleyville Land Development Code. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of Ordinance 0-05-1503 Page 4 of 4 The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney EXHIBIT A - ZONING MAP eel 0-""- '4'~ -40 R- 0 ~\ . I I . I I ~ MUS' T EXHIBIT B - CONCEPTUAL SITE PLAN ---- - -.-- - ----- =- --="~ - - -. 1IIU1_ W==-=-==il----- r:::.-=:::......,-.! II ---:t . .-t-j II 1 I ~ . I 27 Ii H-,; --~--H H--JM.~-~ ,I 2 I: : I 26 II H------1 I I I '..' -.lJ II n !I--~--,I :1 :3 I i H' I 2S' '11 rt----~H : ~ -----1 :! 4 I I I 1 2f I' H------HI ~----..1l..!-7.J" ,I I ' I I . II 5 I 1 1 1 23' I: H------U ,I . II :! IJ 11-----11 lL 6 I' ~ ,~II ~ jJ! ' II -----11 H----- I I I I II II I I II I 7 I' I II I , I : I 21 I H-------H H I 'II I . 1-----11 1,1 8 I', I I 20 II I' I I I ' I 1i--;nH t-ili~-~--1' : 1 i I I '. I' H-------~ ~-----1i1 I! I , I I II 10 I I I I 1 I II WI! 2 I: n------\ , H------H :1 tt ~I kJl 11 !' tt--_JW:.--t) , l~_JW:.__- ! I II " l: ..... \ i1 I ,!t# (",,' \\ \ I , II 12 l-l\ \ I, I~ \ 16 II H- J1!L 'G;\~ ~ )j-t -U if -: 1~):-- :I'j :1 rn \~ 1______\(/"~ I: ' rn ' 0;; ~ 1'l1 " II 'I I ") ~ 13 ~, , I .- I , ' \ :=1L' I: ~ ----------,-----------\ -------_____-J --~--=z:-------=t=------_ CITY COUNCIL CC0C1l AGENDA BRIEFING IL-:'(;;\$ MEETING DATE: ITEM#: RESOLUTION # : 01/04/05 10 R-05-2491 CITY MANAGER i DEPARTMENT HEAD I ~ FINANCE REVIEW I N.A. ; Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a Waiver of perimeter street improvement requirements on Lot 1, Block 1, Luxmont Estates, located at 6304 L. D. Lockett Road, Case P-05-002 Reading and Public Hearing Gary Friedman is the owner of a 1.9 acre parcel of land located on the north side of L. D. Lockett Road, just west of Pleasant Run Road. The owner has submitted a Minor Plat of the property to create a single lot for the construction of his new single family residence. The plat will be considered at the January 10, 2005 Planning and Zoning Commission and being a one- lot plat, does not require the additional approval of the City Council. However, the property is currently a vacant tract and subject to the perimeter street improvement requirements. The Land Development Code requires the developer of an undeveloped parcel of land situated adjacent to an unimproved street to construct one-half of the adjacent unimproved pavement section, or escrow an equivalent amount of money with the City for the future construction of the street. The amount due for this property, based on the street frontage, is $41,287.05. A letter from the owner is attached requesting a waiver of the perimeter street and sidewalk construction requirements for this property on the basis that the property previously contained a residential dwelling and would have qualified for an automatic exemption. The figures included in the owner's letter do not include any reduction for the amount of frontage exceeding 100 feet, as provided for in the Land Development Code. The applicant was subsequently advised of the actual cost. The initial estimate of the escrow amount provided to the owner did not include the reduction for the lot width, but the amount shown above of $41,287.05 does. Mr. Friedman does not own any contiguous property. The property owner obtained a demolition permit from the Building Permit Office on September 14, 2004 and demolished the house and pole barns in anticipation of constructing his new home, not knowing at the time that his vacant lot would later be subject to the perimeter street improvement requirement at time of platting. The property is zoned AG-Agricultural and has 495.10 feet of frontage on L. D. Lockett Road, which is classified as a Minor Collector street on the Master Thoroughfare Plan, requiring an ultimate right-of-way width of 75 feet. The property owner, upon plat approval by the Planning and Zoning Commission, is dedicating sufficient right-of-way equal to one-half (37.5') of the Agenda Briefing Resolution R-05-2491 Page 2 of 3 ultimate build-out of the roadway. The following table shows the pertinent data relative to this req uest. STREET Perimeter Street Improvement Cost Estimate FRONTAGE TOTAL ESTIMATE ACTUAL COST PER LINEAR FOOT $138.78 (1) L. D. Lockett Road 495.10 feet $ 41,287.05 Credit for impact fees ($ 1,589.00) Total Due 495.10 feet $ 39,698.05 $ 80.18 (1) The fee schedule provides for a reduction in the linear foot cost for lots exceeding 100 feet of frontage. The cost estimate listed in the table is based on the City's costs to construct similar types of roadways. The estimate includes both construction costs, such as street paving and sidewalks, and engineering design costs. The total estimate also includes a credit of $1,589 for the impact fees that will be collected on this property. For roadways on the Master Thoroughfare Plan, the City cannot collect both perimeter street escrow and impact fees. This credit applies to L. D. Lockett Road. In December 2001, the City Council adopted new regulations for perimeter street improvement requirements for one and two lot subdivisions. The new regulations established a fee of $138.78 per linear foot of street frontage as an escrow amount for one and two lot subdivisions. For property that has over 100 feet of street frontage, the total cost is based on a formula that slightly reduces the actual per foot cost. The City Council adopted these new regulations due to concern that waiving the perimeter street improvement requirements for one and two lot residential subdivisions would have a long-term financial impact on the community. The regulations contain an exemption provision where a lot contains an existing single-family dwelling. The following is a copy of the exemption provision taken from the Land Development Code. Exemption: A lot platted under this Section that contains an existing single-family dwelling and is situated within a zoning district that allows single-family residential uses shall have an automatic exemption from the perimeter street charge, provided that existing perimeter street facilities are sufficient to assure the safe, effective and orderly movement of traffic in and about the subdivision and utility services are adequate to serve the development. The following notation shall be placed on the plat: "Any future divisions of these lots will require full compliance with the unimproved street requirements applicable at the time of any subsequent replatting. " The City Council considered a similar request at the October 5, 2004 City Council meeting for a single lot on Shelton Drive that previously had a single-family residence that had been demolished prior to the time of platting. The City Council approved Resolution R-04-2452, which reduced the perimeter street requirement from $40,766.96 to $1,000. Agenda Briefing Resolution R-05-2491 Page 3 of 3 The City Council's options in this case are the following: 1. Approve the waiver as requested - This action would waive the perimeter street improvement requirement for this property in the amount of $41 ,287.05. Approval of the waiver would include a waiver of the requirement to construct sidewalks. 2. Approve the waiver in part - The Council may waive a portion or percentage of the escrow amount. 3. Denv the waiver - The property owner must escrow $41,287.05 with the City before building permits could be issued on the property. Recommendation Denial, due to technical non-compliance with the Land Development Code Attachments · Location Map · Letter from Owner · Copy of Demolition Permit · Resolution R-05-2491 AG Location Map oo~ ~ ~",e~ ~~~ Gary and Kathy Friedman 2300 Mulberry Court - Colleyville, TX 76034 From: Joe Hocutt, Mayor JonAyers, Council Member Rich Hendler, Council Member Elaine Dolan, Council Member Mark Skinner, Council MemberA Tom Hart, Council Member Gary and Kathy Friedman December 28, 2004 To: Date: Re: Request for Waiver of Perimeter Street Improvement Requirements Until last week, my wife and I were ready to start building a new home here in Colleyville. Now we are not sure we can due to the assessment of over $73,000 of fees. These fees would never have been assessed had we applied for a plat on our property just prior to removing the existing home, a period of less than 90 days. In March of 2004, my wife and I purchased 2 acres of land on LD Lockett with the intent of building a new home. The property had a small home located on it (see attached survey dated March 15, 2004). We spent several months designing our new home. As we neared the end of the design stage, we decided to demolish the existing home to make room for our new home. On September 8, 2004, we applied to the city for a permit to demolish the existing home. The city granted us a permit and we removed the existing home. We then finalized our design plans and secured the necessary financing with our bank. It was now time to apply to the city for a building permit. Everything seemed to being going great. It was at this time, for the first time, that we became aware that the property had never been platted. This seemed like a minor inconvenience at the time, but this quickly developed into a financial burden that may prevent us from building our new home. On December 21, 2004, the Colleyville Development Review Committee notified us that before the property could not be platted until a few issues are resolved. All but two of these issues seemed reasonable. Two issues, however, would require us to pay in excess of $73,000 in fees due to the fact that the property is now vacant. The Development Review Committee's letter indicated that the following fees would be assessed: 1). Perimeter Street Improvements are required since LD Lockett is considered and unimproved street and the 10t contains a vacant residential lot. A base assessment of $71,815.57 is required to be escrowed, with the actual escrow amount being percentage of the total cost based upon the actual street frontage; and 2). Roadway Impact Fees of $1,589 (applicable to vacant lots created by this plat). Had we applied for the platting of this property prior to this prior to demolishing the existing home, these fees would not have been assessed. I understand that an automatic waiver is granted when the property owner can prove that there was an existing home on the property. The attached survey proves the existence of small home on the property. In addition, the city issued us a permit on September 8, 2004 to demolish the existing home. And finally, the home that was demolished had city water and sewer service prior to us purchasing the property. Therefore, we respectfully request that the city grant us a waiver of the Perimeter Street Improvement assessment and the Roadway Impact Fee assessment. In addition, we would like to request a waiver to the sidewalk requirement on our property. The area that we are building our home consists almost exclusively of estate 10ts. None of these homes have sidewalks not do sidewalks fit the estate 10t feature. In addition, the city has constructed a hike and bike trail for the general public's use along this section of LD Lockett. Therefore, we respectfully request that the sidewalk requirement also be waived. Thank you in advance for your time and consideration of these requests. ~J- ~ <( ~, ~\ -~i ~kl' ~_~~.~ I c>...= '" ~8~~~ c~ . .. ~~ ~ '" r ~.." ~6 ~t:o . . , ~ ~, ~~ i~ ~ ~~ ~5: ... ~~ :~ :~ g: 0< . ~i i o. ~~ ~i ! I i ! gimm 0 ~ :'i :. ~ ~o :'0,. <,....:<0('+ ~ '!-Iot,.,. ." "b."....?3'fo4 ?... '':J''-;' ..,0- '" .;;'1 ~'(,;z.'Z."7. ~ ... ..'l...... oblolo~ " ,lo" . 'I,.L.~ ,'~ "<,,~..,. ;0".. CO ~c;,,~-t,)- 0> c.> o ... r- o r- o n ~ '" ..., ..., '" o ,.. o I I Ii 11 Iii" I ~ :1 "I'" r 'I = il~ ~ ~.i 1 ""!. g ~ 11;: :" I ~ N 1 ~--_u_ ~ I I I I II ~ I ~ "" .~ . ,!l~ 't.~ ~,il> ~ ~~g'~I' r~~~ *2~ ~~ 0..., .~ <0 .f;o~~<';<i ~":%l-;'..a .c,,>~~~~... ~ "> '0.. , 0., c' A~ --------- ., ", ~ s ~~:~ 6~~: ., ""''.0 ~ ~ I:: c. .. "" "" "" " .I: ~ Office CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TX 76034 (817) 503-1030 Inspections (817) 503-1035 * * * PERMIT * * * Type: SINGLE FAMILY-DEMO This is to Certify That : AURORA CUSTOM HOMES 2717 DEEP VALLEY TR. PLANO, TX 75023 Permit Number: 2004 - 5535 Application Date: Approval Date: Permit/Issue Date: Expiration Date: 9/14/2004 9/14/2004 9/14/2004 3/14/2005 (817) 991-8357 Has permission to Build/Install Field Contact: DON DARLEY (817) 991-8357 30X40 HOUSE AND POLE BARNS Service Provider: Located at: 6304 L D LOCKETT RD A1692 1B04 WHITE, JOSEPH SURVEY Block 1B04 Lot Zoning: Application Value: Permit Value: $0.00 $0.00 Square Footage: Required Setbacks: Left : Front: " Right: Rear: " o o o Primary Other Total " " * * * Fees * * * Comments DEMOLITION FEE 1 $50.00 Total Fees $125.00 Signed By: Date Signed: Inspections Line (817) 503-1035 Office CITY OF COLLEYVILLE 100 MAIN STREET COLLEYVILLE, TX 76034 (817) 503-1030 Inspections (817) 503-1035 * * * PERMIT * * * * * * * * REQUIRED INSPECTIONS * * * * * 24 HOUR INSPECTION NUMBER (817) 503-1035 CUT OFF TIMES: 7:30 A.M. 12:00 P.M. - Morning Inspections - Afternoon Inspections PERMIT ISSUED IN ACCORDANCE WITH APPLICATION ON FILE IN THIS OFFICE. This Permit shall expire if work is not commenced within 180 days of issuance or if work is suspended of abandoned for a period of 180 days. The issuance or granting of this permit and/or approval of plans, specifications and computations shall not be construed to be a permit for, or and approval of, any violation of any provisions of the codes and ordinances of the City. The issuance of a permit is based on plans, specifications, and other data shall no prevent the Building Department from hereafter requiring the correction of errors in said plans, specifications, and other or requiring corrections of the construction itself. Impact Fees Other Fees DEMOLITION FEE CONTRACTOR LICENSE $50.00 $75.00 Inspections Line (817) 503-1035 RESOLUTION R-05-2491 A RESOLUTION APPROVING A WAIVER OF PERIMETER STREET IMPROVEMENT REQUIREMENTS FOR ON LOT 1, BLOCK 1, LUXMONT ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the perimeter street improvement requirements for Lot 1, Block 1, Luxmont Addition, located at 6304 L. D. Lockett Road, for the 495.10 feet of frontage on L. D. Lockett Road, in the amount of $41,287.05, are hereby waived. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND 2005. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor citr or CITY COUNCIL CCe<1l AGENDA BRIEFING Tl..~:X~::> MEETING DATE: 01/04/05 CITY MANAGER ITEM # : 11 DEPARTMENT HEAD , RESOLUTION # : R-05-2492 FINANCE REVIEW ! Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval to Amend Resolution R-04-2444, which established the maximum permitted basic cable rate and equipment and installation rates charged by Comcast Cable Communications, Inc., formerly AT&T Broadband Reading and Public Hearing The City Council approved Resolution R-04-2444 on September 28, 2004, establishing the maximum permitted rates for basic cable, equipment and installation charged by Comcast Communications, Inc. formerly AT&T Broadband ("September 2004 City Rate Order"). The September 2004 City Rate Order was appealed to the Federal Communications Commission ("FCC") and the FCC determined in its Order in Comcast of Texas II, Inc., Order, CSB-A-0705, issued November 18, 2004, ("FCC Order") that the City did not have cable rate jurisdiction over the Digital additional outlet charges, which was asserted in Section 6 of the September 2004 City Rate Order. FCC remanded the September 2004 City Rate Order back to the City to conform to the FCC Order. Financial Impact This action will not have any financial impact on the City. Recommendation Staff recommends approval. Attachments . Approved Basic Cable, Equipment and Installation Rate Resolution (R-04-2444) passed on September 28, 2004 . Resolution R-05-2492 RESOLUTION R.04.2444 A RESOLUTION ESTABLISHING THE MAXIMUM PERMITTED BASIC CABLE RATE AND EQUIPMENT AND INSTALLATION RATES CHARGED BY COMCAST CABLE COMMUNICATIONS, INC., FORMERLY AT&T BROADBAND WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City of Colleyville franchises cable television service for the benefit i of its citizens; and the City of Colleyville is the Grantor of a franchise ordinance by and between the City of Colleyville and Comcast Cable Communications, Inc. ("Comcast"); and the City Council approved Resolution R-04-2308 on February 3, 2004, establishing the Maximum Permitted Rates for basic cable, equipment and installation charged by Comcast Communications, Inc. formerly AT&T Broadband; and in accordance with applicable provisions of the Telecommunications Act of 1996 (herein the ''Telecom Act") and rules adopted by the Federal Communications Commission ("FCC") and all other applicable federal and state law and regulations, the City has undertaken all appropriate procedural steps to regulate the basic cable, equipment and installation rates; and in accordance with applicable FCC regulations, the City adopted a Resolution providing for the regulation of rates charged by cable television operators within the City for the basic rates, equipment and installation rates and related equipment and installation charges and providing for a reasonable opportunity for interested parties to express I their views concerning basic cable regulations. . NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. THAT the maximum permitted rate of $13.88 per subscriber per month should be adopted. THAT the rates of Comcast for equipment lease for the 2004 filing period of June 1,2004 through May 31,2005 shall be as follows: Resolution R-04-2444 Page 2 of2 Basic only Converter $1.20 Converter Box (all others Including High Definition TV (HDTV) capabilities $4.73 Remote $0,32 Sec. 4, THAT the Hourly Service Charge (HSC) to be used in the development of the installation and equipment rates will be $31.87 for the filing period of June 1,2004 through May 31,2005. Sec. 5. THAT the following rates are found to be reasonable to be used in the development of installation fates for the 2003 filing period of June 1, 2004 through May 31,2005, are hereby attached as Exhibit "A". Sec. 6. Sec. 7. THAT the Digital additional outlet rate of $5.95 is hereby found unreasonable and Com cast is hereby ordered to implement the rate of $0 for the Digital additional outlet effective June 1, 2004. THAT Field Calculation Charge of $23.27 is found to be unreasonable and Comcast is hereby ordered to implement a rate of $0.00 for such service. Sec. 8. THAT Comcast is hereby advised that the effective date of the Form 1240 rates has been set at July 14, 2004, in accordance with the FCC regulations. Sec. 9. THAT Comcast is hereby ordered to refund the differences between the rates charged to subscribers and those established hereby within sixty (60) days of adoption. AND IT IS SO RESOLVED. PASSED BY A VOTE OF 11 AYES, 0 NAYS AND 0 ABSTENTIONS ONTHISTHEJ-P'1A DAYOF ~~ 2004. ~:~~~ Cynthia Singleton, TRMC Secretary Exhibit "A" Comcast Communications Equipment and Installation Rates Service Install - Unwired Home Install - Prewired Home Install- Additional connect initial Install- Additional connect separate Move outlet Up/downgrade Downgrade non-addressable Upgrade non-addressable Changing Tiers Connect VCR initial Connect VCR separate Customer Trouble Calls $47.4 7 $28.54 $15.59 $23.00 $21.45 $ 1.99 $14.14 $15.66 N/A $ 7.99 $14.63 $21.15 RESOLUTION R-05-2492 A RESOLUTION AMENDING RESOLUTION R-04-2444 WHICH ESTABLISHED THE MAXIMUM PERMITTED BASIC CABLE RATE AND EQUIPMENT AND INSTALLATION RATES CHARGED BY COMCAST CABLE COMMUNICATIONS, INC., FORMERLY AT&T BROADBAND WHEREAS, WHEREAS, WHEREAS, WHEREAS, WHEREAS, the City of Colleyville franchises cable television service for the benefit of its citizens; and the City of Colleyville is the Grantor of a franchise ordinance by and between the City of Colleyville and Comcast Cable Communications, Inc. ("Comcast"); and the City Council approved Resolution R-04-2444 on September 28, 2004, establishing the Maximum Permitted Rates for basic cable, equipment and installation charged by Comcast Communications, Inc. formerly AT&T Broadband ("September 2004 City Rate Order"); and the September 2004 City Rate Order was appealed to the Federal Communications Commission ("FCC") and the FCC determined in its Order in Comcast of Texas II, Inc. Order, CSB-A-0705, issued November 18, 2004, ("FCC Order") that as the City is expressly limited by federal law to only regulating the basic tier of cable cervices, which basic tier of service does not include any channels of the digital tier of services nor any of the equipment needed to access the digital tier of services, such as the Digital outlets, the City did not have cable rate jurisdiction over the Digital additional outlet charges, which was asserted in Section 6 of the September 2004 City Rate Order and the FCC remanded the September 2004 City Rate Order back to the City to conform to the FCC Order; and in accordance with the FCC Order, the City is repealing section 6 pertaining to the Digital additional outlet. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Section 6 of Resolution R-04-2444 which stated: ''THAT the Digital additional outlet rate of $5.95 is hereby found unreasonable and Comcast is hereby ordered to Resolution R-05-2492 Page 2 of 2 implement the rate of $0 for the Digital additional outlet effective June 1, 2004" is hereby repealed. Sec. 2. THAT no other sections of Resolution R-04-2444 are affected by the repeal of Section 6, and that Resolution R- 04-2444 is not otherwise amended or revised. AND IT IS SO RESOLVED. AYES, DAY OF NAYS AND PASSED BY A VOTE OF ABSTENTIONS ON THIS THE 2005. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCil CC@n(/l AGENDA BRIEFING Tl~X~$ MEETING DATE: 01/04/05 CITY MANAGER I ITEM # : 12 DEPARTMENT HEAD I RESOLUTION # : R-05-2493 FINANCE REVIEW! Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT : Approval to authorize intervention before the Railroad Commission of Texas in Gas Utilities Docket (GUD) No. 9530; authorize participation with other cities served by Atmos Energy Corporation in administrative and court proceedings involving a gas cost prudence review; designate a representative of the City to serve on a Steering Committee; require reimbursement of reasonable legal and consultant expenses Reading and Public Hearing As part of the Final Order in Gas Utilities Docket ("GUD") No. 8664 (TXU's city gate gas rate case decided in 1997) the Railroad Commission of Texas ("RRC") required TXU Gas Company (now known as Atmos Energy Corporation) to make a series of triennial filings to allow for a periodic review of the prudence of Atmos' gas purchases. On September 24, 2004, Atmos' Gas Cost Review documentation for the period of November 1, 2000 to October 31, 2003, was filed with the RRC and assigned GUD No. 9530. Atmos was required to provide notices of the filing to all cities served by the former TXU Gas Company, including the City of Colleyville, by November 9,2004. Attorneys for the Allied Coalition of Cities, of which Colleyville is a member, noted that a preliminary review of the documentation filed by Atmos indicates that the Company's total cost of gas purchases was twice the cost of purchases included in the previous three-year filing period. This is despite the fact that one of the representations made by Atmos to settle the last prudence review was that it had renegotiated a gas purchase contract for an expected benefit to ratepayers of over $20 million. Testimony included in the filing also indicates that Atmos only sought to lock in prices for 35-40% of the gas needed to meet its anticipated winter demand during the review period, with over half of all the Company's gas purchases being made on the spot market. If the RRC finds Atmos' purchases to be imprudent, the Company will be ordered to pay refunds to all of its customers. The Coalition's attorneys indicated that attempts to settle GUD No. 9530 and other outstanding regulatory issues were rejected by Atmos. Based on this information, the Coalition requested that cities intervene in GUD No. 9530. Intervening in the docket would allow the Coalition an opportunity to evaluate the possibility of refunds attributable to excessive gas cost purchases. The attached resolution authorizes the Agenda Briefing Resolution R-05-2493 Page 2 of 2 City to intervene in GUD No. 9530, participate with other cities served by Atmos in administrative and court proceedings, designate Financial Analyst Kacey Bess to serve on a Steering Committee and require reimbursement of reasonable legal and consultant expenses. Kacey Bess currently serves as the City's representative to other utility organizations, including the TXU Electric Standing Steering Committee and Cities Aggregation Power Project, Inc. It should be noted that the City has begun receiving complaints from citizens regarding significant increases on their gas bills for the TXU Gas Cost Recovery charge. Per Atmos, this charge is related to the cost of purchasing gas and will continue to increase as the cost of gas increases. Through participation in GUD No. 9530, the City can ensure that Atmos is being prudent in its gas purchases and managing costs as much as possible. Financial Impact The City will not need to allocate any funds for rate case expenses. The Steering Committee will absorb the costs of the rate case and these costs are subject to reimbursement by Atmos at the end of the case, pursuant to the Texas Gas Utilities Regulatory Act. Any reimbursed rate case expenses would be passed on to Atmos customers in the form of a surcharge. This surcharge is generally less than if the Company imposed the full amount of its rate request. For residential customers, the surcharge is typically less than one dollar per month. It should be noted the surcharge would apply to customers in the City of Colleyville even if the City decides not to get involved in this rate case. The Railroad Commission has determined that because rate cases benefit all customers, any rate case expenses that the gas company must reimburse should, likewise, be surcharged to all customers. Recommendation Approval Attachments . Resolution R-05-2493 RESOLUTION R-05-2493 A RESOLUTION OF THE CITY OF COLLEYVILLE TEXAS, AUTHORIZING INTERVENTION BEFORE THE RAILROAD COMMISSION OF TEXAS IN GAS UTILITIES DOCKET (GUD) NO. 9530; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY A TMOS ENERGY CORPORATION, FORMERLY KNOWN AS TXU GAS COMPANY, IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING A GAS COST PRUDENCE REVIEW RELATED TO A FILING MADE IN SEPTEMBER 2004, AS REQUIRED BY THE FINAL ORDER IN GUD NO. 8664; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONBLE LEGAL AND CONSULTANT EXPENSES WHEREAS, the City of Colleyville, Texas is a customer of Atmos Energy Corporation, formerly known as TXU Gas Company, (AtmosfTXU Gas) and a regulatory authority with an interest in the rates and charges of AtmosfTXU Gas; and WHEREAS, AtmosfTXU Gas made a filing at the Railroad Commission of Texas on or about September 24, 2004, now docketed as GUD No. 9530, for a gas cost prudence review of $2.2 billion in previously incurred and billed gas costs; and WHEREAS, the filing made by AtmosfTXU Gas was required by the terms of the Final Order of the Railroad Commission in GUD No. 8664; and WHEREAS, ratepayers of AtmosfTXU Gas, including the City of Colleyville and its residents would be entitled to a pro rata portion of a refund associated with any costs found to have been unreasonable; and WHEREAS, the City of Colleyville and its residents could benefit from coordination with other Cities in a review of the reasonableness of the gas costs of AtmosfTXU Gas and the joint participation in the Railroad Commission proceedings and any subsequent litigation or appeal related to those gas costs; and WHEREAS, the reasonable costs associated with the participation of Cities in this ratemaking proceeding are reimbursable from the Company. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT intervention is hereby authorized in GUD No. 9530 and/or any successor docket at the Railroad Commission of Texas. Resolution R-05-2493 Page 2 of 2 Sec. 2. THAT the City is authorized to cooperate with other Cities within the AtmosfTXU Gas system and hereby designates Financial Analyst Kacey Bess as a representative to a Cities' Steering Committee that shall direct the efforts and counsel and consultants and the course of settlement and/or litigation before the Railroad Commission or of an appeal to any court regarding any matter related to the gas cost prudence review filing made by AtmosfTXU Gas in 2004. Sec. 3. THAT AtmosfTXU Gas shall promptly reimburse the City's reasonable costs associated with the City's participation in GUD No. 9530 or any subsequent proceeding. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, DAY OF NAYS AND 2005. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCIL (Q@9n", TC'x~$ AGENDA BRIEFING MEETING DATE: ITEM#: RESOLUTION # : 01/04/05 13 R-05-2494 CITY MANAGER ' DEPARTMENT HEAD I FINANCE REVIEW i ~ Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval to suspend the proposal by Atmos Energy Corporation to implement interim Gas Reliability Infrastructure Program (GRIP) rate adjustments; authorize participation with other cities served by Atmos Energy Corporation, Mid-Tex Division, in a review and inquiry into the proposed rate adjustments; authorize intervention in administrative and court proceedings involving the proposed GRIP rate adjustments; designate a representative of the City to serve on a Steering Committee; require reimbursement of reasonable legal and consultant expenses Reading and Public Hearing In December 2004, AtmosfTXU Gas ("Atmos") made a Distribution Gas Reliability Infrastructure Program ("GRIP") filing at the City of Colleyville and other cities served by Atmos. The filing set out Atmos' intent to increase distribution rates to all customers effective February 15, 2005, pursuant to Texas Utilities Code Section 104.301, because of investments it allegedly made in calendar year 2003. In addition, on or about December 17, 2004, Atmos made a Pipeline GRIP filing at the Railroad Commission of Texas ("RRC"), now docketed as GUD No. 9560. This filing notified the RRC of Atmos' intent to increase city gate and transportation rates to all customers, also effective February 15, 2005, pursuant to Texas Utilities Code Section 104.301, because of investments allegedly made in calendar year 2003. In its filings, Atmos claims that net investment in infrastructure throughout the former TXU service areas increased in 2003 by a total of $43.5 million. If calculated in compliance with the GRIP statute, this claimed increase would be in addition to the $70 million in annual plant investment included in the GUD No. 9400 rates. The proposed GRIP rate increases would increase Atmos' annual revenues by $8.5 million, which would be above and beyond the $11.5 million annual increase approved by the RRC in GUD No. 9400 and the $10.1 million sought by Atmos for rate case expenses related to GUD No. 9400. Atmos has publicly stated that it expects to experience annual cost savings of at least $40 million over the costs included in rates approved in GUD No. 9400. These savings are likely to far exceed the annual revenue requirement associated with any reasonable increases in invested capital that form the basis of the requested GRIP rate increases. Furthermore, Atmos Agenda Briefing Resolution R-05-2494 Page 2 of 2 announced a twenty percent increase in profits for its fiscal year ended September 30, 2004, and projects further increases in profits in 2005. Based on this information, implementation of the proposed GRIP rate increases may allow substantial overearnings by Atmos. Atmos has requested that all cities either allow the proposed GRIP rate increases to take effect as proposed or to deny the request as soon as possible. However, cities also have the option to suspend the proposed rate increases to allow adequate time to review the proposed rate increases, analyze necessary information and take appropriate action. The attached resolution will suspend the requested GRIP rate increases, as well as appoint Financial Analyst Kacey Bess as the City's representative on a Steering Committee, authorize intervention in any RRC or court proceedings related to the proposed GRIP rate increases and require Atmos to reimburse the City reasonable costs associated with the review of the GRIP rate increase filings or participation in any subsequent proceeding. Kacey Bess currently serves as the City's representative to other utility organizations, including the TXU Electric Standing Steering Committee and Cities Aggregation Power Project, Inc. Financial Impact The City will not need to allocate any funds for rate case expenses. The Steering Committee will absorb the costs of the rate case and these costs are subject to reimbursement by Atmos at the end of the case, pursuant to the Texas Gas Utilities Regulatory Act. Any reimbursed rate case expenses would be passed on to Atmos customers in the form of a surcharge. This surcharge is generally less than if the Company imposed the full amount of its rate request. For residential customers, the surcharge is typically less than one dollar per month. It should be noted the surcharge would apply to customers in the City of Colleyville even if the City decides not to get involved in this rate case. The Railroad Commission has determined that because rate cases benefit all customers, any rate case expenses that the gas company must reimburse should, likewise, be surcharged to all customers. Recommendation Approval Attachments . GRIP Handout . Letter from Atmos Energy to the City of Colleyville . Resolution R-05-2494 Gas Reliability Infrastructure Program (G. R. I. P.) Texas Utilities Code ~ 104.301 - Interim Adjustment for Changes in Investment What is it? · Rate adjustment that allows utilities to recover additional invested capital without filim! a full rate case Who can use it? · Gas utility with new invested capital not already included in existing rates · But onlv ifutility has filed rate case in last two years What customers are affected and how? · All customers · Applied to monthly customer charge or initial block rate · Allocated among customer groups in same manner as current rates (GUD No. 9400) How is adjustment amount calculated? · Intended to capture new investment costs in excess of normal plant replacement due to agmg · Cannot include annual investment anticipated and included in existing rates as depreciation expense · Costs that can be included are return (profit) on investment, depreciation expense and certain taxes · Factors used to calculate costs must be the same as those reflected in order, ordinance or settlement agreement approving current rates What is required of utility? · Tariff or rate schedule must be filed with appropriate regulatory authority (City and/or Railroad Commission) 60 days before proposed implementation date · Notice to all affected customers must be provided within 45 days of filing with regulatory authority · After implementation, utility must file the following information annually: - Reports describing all new investments and retired plant Costs, need and customers benefited by the new investment must be stated Annual earnings monitoring report showing earnings in past year - If earnings are more than 75 basis points (.75%) above currently approved rate of return, utility must explain why earnings are not just unreasonable · Adjustment must be recalculated annually · Full rate case must be filed no later than five and one-half (5Yz) years after implementation What is role of cities? · Within 60 days after filing, a city may suspend implementation of proposed adjustment · Until incremental increase in rates has been reviewed as part of a full rate case, regulatory authority may disallow adjustment and order utility to refund any amounts collected · Regulatory authority may open inquiry under Texas Utilities Code 9 104.151 and set new rates if rates are found to be unreasonable 1668\ 12\Handout ATMOS energy December 17, 2004 TO THE GOVERNING BODY OF COLLEYVILLE Filed herewith is an original of Atmos Energy Corp., Mid-Tex Division's (formerly known as TXU Gas Distribution, a division ofTXU Gas Company) (the "Company") Annual Gas Reliability Infrastructure Program Rate Adjustment for the Company's Distribution System. The Company makes this filing in accordance with the provisions of Section 104.301 of the Texas Utilities Code, which allows a gas utility to adjust its rates annually on an interim basis to account for incremental investment in the gas utility's system. The incremental investment included herein is for the calendar year 2003. While information herewith includes the Company's investments in its entire Distribution System, your municipality only has original jurisdiction over the Company's Distribution System rates within the city limits of your municipality . Should your municipality conclude that the interim rate adjustment tariff as proposed by the Company is appropriate under Section 104.301 of the Texas Utilities Code, no action is necessary on the part of your municipality, because the tariff is self-implementing. However, should your municipality conclude that the rate adjustment tariff as proposed by the Company is not appropriate, the Company requests that you deny the Company's request on or before February 15, 2005 so that the Company can appeal the decision to the Railroad Commission of Texas (the "Commission"). Regardless of the decision made by your municipality, the Company will not implement the interim rate adjustment tariff until after the Commission has taken final action on the interim rate adjustment filing made with the Commission for service in the Company's environs service areas and on all appeals of municipal actions taken with regard to the Company's comparable filings with all other municipalities. In addition, if the Commission approves an interim rate adjustment tariff that contains lower interim rate adjustments than contained in the attached filing, then the Company will implement the Commission- approved tariff with the lower interim rate adjustments in your municipality. This will assure that the same interim rate adjustment is made for each customer within a particular customer class across the Company's entire Distribution System. If you have any questions, please feel free to contact me. Yours truly, /1 ---7 /1 /41 ~ /,1/,,/f ,V-l A4 _. "/ t L.t1 Cc1U--uj I ?'L~/l/r-~ d v Receipt Acknowledged By: ~. Nmne: ~i~- Title: _ _ _ Date: /c:l. - 1'$f - ~ sf / Enclosures Atmas Energy Corporation ,oa ~nllth 51. Paul Stred, Dall",. T<X,1' 75:'1)1 RESOLUTION R-05-2494 A RESOLUTION OF THE CITY OF COLLEYVILLE TEXAS, SUSPENDING THE PROPOSAL BY ATMOS ENERGY CORP. TO IMPLEMENT INTERIM GRIP RATE ADJUSTMENTS FOR GAS UTILITY INVESTMENT IN 2003; AUTHORIZING PARTICIPATION WITH OTHER CITIES SERVED BY ATMOS ENERGY CORP., MID-TEX DIVISION, IN A REVIEW AND INQUIRY INTO THE BASIS AND REASONABLENESS OF THE PROPOSED RATE ADJUSTMENTS; AUTHORIZING INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS INVOLVING THE PROPOSED GRIP RATE ADJUSTMENTS; DESIGNATING A REPRESENTATIVE OF THE CITY TO SERVE ON A STEERING COMMITTEE; REQUIRING REIMBURSEMENT OF REASONABLE LEGAL AND CONSULTANT EXPENSES 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, Atmos Mid-Tex made filings with the City and the Railroad Commission of Texas ("Railroad Commission") in December, 2004, proposing to implement interim rate adjustments ("GRIP Rate Increases") pursuant to Texas Utilities Code S 104.301 on all customers served by Atmos Mid-Tex; and WHEREAS, Atmos Energy Corporation has reported a twenty percent increase in profits for its fiscal year ended September 30, 2004, and projects further increases in profits in 2005; and WHEREAS, in May, 2004, the Railroad Commission entered its Final Order in GUD No. 9400 authorizing a rate increase that will produce additional annual revenues of $11.5 million for Atmos Mid-Tex; and WHEREAS, Atmos Mid- T ex has projected that it will experience annual cost savings of at least $40 million over the costs included in rates approved in GUD No. 9400 and said savings are likely to greatly exceed the annual revenue requirement associated with any reasonable increases in invested capital that form the basis of the proposed GRIP rate increases; and WHEREAS, ratepayers of Atmos Mid-Tex, including the City and its residents, will be adversely impacted by the proposed GRIP Rate Increases; and WHEREAS, the City and its residents could benefit from coordination with other cities served by Atmos Mid-Tex ("Cities") in a review of the reasonableness of the proposed GRIP Rate Increases and joint Resolution R-05-2494 Page 2 of 3 participation in any proceedings at the Railroad Commission related to the proposed GRIP Rate Increases; and WHEREAS, the reasonable costs associated with the participation of Cities in this rate proceeding are reimbursable from Atmos Mid-Tex. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. THAT the February 15, 2005, effective date of the GRIP Rate Increases proposed by Atmos Mid-Tex is hereby suspended to permit adequate time to review the proposed increases, analyze all necessary information, and take appropriate action related to the proposed increases. THAT the City is authorized to cooperate with other Cities to create and participate in a Steering Committee to hire and direct legal counsel and consultants, to negotiate with the Company, to make recommendations to the City regarding the proposed GRIP Rate Increases, and to direct any administrative proceedings or litigation associated with the proposed GRIP Rate Increases. THAT the City is authorized to intervene in any administrative proceedings or litigation associated with the proposed GRIP Rate Increases, including GUD No. 9560, the Company's proposed GRIP rate increase for its pipeline system filed at the Railroad Commission. THAT the City hereby designates Financial Analyst Kacey Bess as a representative to a Cities' Steering Committee that shall direct the efforts of counsel and consultants. THAT Atmos Mid-Tex shall promptly reimburse the City's reasonable costs associated with the City's activities related to the proposed GRIP Rate Increases. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, DAY OF NAYS AND 2005. Resolution R-05-2494 Page 3 of 3 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor CITY COUNCIL cilYor CCece AGENDA BRIEFING il:x<\$ MEETING DATE: ITEM#: RESOLUTION: 01/04/05 14 R-05-2495 CITY MANAGER i DEPARTMENT HEAD i FINANCE REVIEW i Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Approval to Amend Resolution R-04-2474, ordering a bond election, adopted November 16, 2004 and amended on December 7, 2004, for the purpose of appointing a new Alternate Presiding Judge Reading and Public Hearing On November 16, 2004, the City Council approved Resolution R-04-2474, ordering a Bond Election to be held February 5, 2005. On December 7, 2004, Council amended Resolution R- 04-2474, and adopted Resolution R-04-2480, for the purpose of modifying the early voting dates. In accordance with the Election Code, the Resolution provided for an Alternate Presiding Judge. On the basis that the Alternate Presiding Judge is unable to serve, this Resolution provides for the City Council to consider the appointment of Elizabeth Waller as Alternate Presiding Judge. Recommendation Approval Attachment · Resolution R-05-2495 RESOLUTION R-05-2495 A RESOLUTION AMENDING CERTAIN PROVISIONS OF THE RESOLUTION ORDERING A BOND ELECTION ADOPTED NOVEMBER 16, 2004 AND AMENDED ON DECEMBER 7, 2004; AND RESOLVING OTHER MATTERS INCIDENT AND RELATED TO SUCH ELECTION WHEREAS, pursuant to a resolution adopted on the 16th day of November, 2004, as amended on December 7, 2004 (the "Election Resolution"), the City Council of the City of Colleyville, Texas (the "City") ordered a bond election to be held in the City on February 5, 2005; and WHEREAS, in the Election Resolution, Eddie Carroll was appointed as alternate presiding judge for the polling place; and WHEREAS, Eddie Carroll has advised the City that he will not be able to serve on the day of the election; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: SECTION 1: The City Council hereby withdraws its appointment of Eddie Carroll as Alternate Presiding Judge for the bond election to be held February 5, 2005 and hereby appoints Elizabeth Waller to serve as Alternate Presiding Judge. SECTION 2: Section 3 of the Election Resolution shall be and is hereby amended to reflect the appointment of Elizabeth Waller as Alternate Presiding Judge. SECTION 3: It is officially found, determined and declaring that the meeting at which this resolution is adopted was open to the public and public notice of the time, place and subject matter of the public business to be considered at such meeting, including this Resolution, was given, all as required by V.T.C.A., Government Code, Chapter 551, as amended. SECTION 4: This Resolution shall be effective from and after its passage on the date shown below. PASSED AND APPROVED, this January 4, 2005. CITY OF COllEYVlllE, TEXAS JOE HOCUTT Mayor ATTEST: CYNTHIA SINGLETON, TRMC City Secretary 45550641.1 MINUTES OF THE COLLEYVILLE CITIZEN'S CITY CHARTER REVIEW COMMITTEE DECEMBER 15, 2004 I. Call to Order Chair Jim Moore called the meeting to order on December 15, 2004 at 7:05 p.m. ROLL CALL: Chair Jim Moore, Linda Bond, Louis Miller, Richard Newton, Brad Rice, Frank Whitmire, City Manager Bill Lindley, Financial Analyst Kacey Bess Steve Magee arrived at 7: 1 0 p.m. Mike Taylor arrived at 7:13 p.m. II. Approval of December 8, 2004 Minutes Steve Magee moved to approve the December 8, 2004 meeting minutes and seconded by Frank Whitmire. Approved unanimously. III. Review and discussion of possible modifications of the Colleyville City Charter Committee reviewed charter changes from the previous meeting and articles IV and V. The Committee requested the dates that must be adhered to in order to place the charter changes on the election ballot. Regarding charter changes from the previous meeting, Richard Newton moved to modify the last sentence in Sec. 1.02 and seconded by Louis Miller. Approved unanimously. It was noted that Sec. 1.03 should read "alteration" not "alternation." Frank Whitmire moved to leave Sec. 2.03 in its original language and was seconded by Steve Magee. Approved unanimously. Linda Bond suggested removing "Powers" from the title of Sec. 2.04. Brad Rice reiterated that all references to laws of the State should read "State laws." Steve Magee moved to approve all changes as noted and seconded by Mike Taylor. Approved unanimously. Regarding Article IV, Mike Taylor asked whether the oath of office binds Council members to the Charter. Mike Taylor and Steve Magee requested inclusion of the oath of office in the section on Election Procedures. City Manager Lindley indicated that he believes the ordinance calling an election describes the oath of office. Committee agreed unanimously to strike the following language from Sec. 4.01: "No informalities in conducting a City election shall invalidate said election." Brad Rice moved to insert the following language in the first sentence of Sec. 4.02, following "first Saturday in May:" "unless specifically required to be held on another day pursuant to State law." Approved unanimously. Committee agreed unanimously to insert "or within any contiguous city" following "all property owned within the City" in Sec. 4.07(a). Committee agreed to create a new Sec. 4.08 using language found in South lake's Charter, Sec. 7.24 (Oath of Office). Regarding Article V, Richard Newton requested information on the limitations on recall of appointed officials. Committee agreed to reword Sec. 5.01 to read "all elected City officials" and to strike the following language: "whether elected to office by the qualified voters of the City or appointed by the City Council to fill a vacancy." Steve Magee requested information on the Attorney General opinion related to the recall election at Haltom City. Brad Rice also requested more information on what City Attorney Ross Foster meant by "substantial question of validity." Mike Taylor suggested a list of definitions be included in the charter to clarify terms that may not be clear to laymen. IV. Discussion of items to be placed on the next agenda For next Charter Review Committee meeting, the Committee will begin with a review of Article VI. V. Adjournment Chairman Moore adjourned the meeting at 9:06 p.m. RESOLUTION R-05-2496 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JANUARY 4,2005 WHEREAS, 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 Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF AYES, NAYS AND ABSTENTIONS. 2005, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Joe Hocutt Mayor