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Home My WebLink AboutCity Council-Agenda Packets-7/12/2005 city ot Ie xa 5 CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET JULY 12, 2005 5:15 P.M. - PRE-COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Discussion of selecting a date for a Joint City Council and SH26 Advisory Committee meeting PC-2. Discussion of selecting a date for a Joint City Council and Grapevine-Colleyville Independent School District Board (GCISD) meeting PC-3. Discussion of selecting a date for a City Council Worksession with various community groups to discuss common goals and work initiatives PC-4. Discussion of irrigation and water usage and consideration of educational initiative to conserve water PC-5. Discussion of the draft 2006 Work Initiatives PC-6. Discussion of 2006 - 2010 BAF projects for accelerated purchase PC-7. Discussion of the July 12, 2005, City Council regular agenda items G:20 P.M. - HISTORICAL PRESERVATION COMMITTEE INTERVIEW EXECUTIVE CONFERENCE ROOM THIRD FLOOR 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 REGULAR AGENDA G:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.087 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Sale of Property - 5100 Colleyville Boulevard Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations 7:30 P.M. - RESUME REGULAR MEETING COUNCIL CHAMBERS INVOCATION: Lloyd McCutcheon, Assembly of God PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2566 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PROCLAMATION - In recognition of Tyler Browning for fulfilling a Soldiers Wish List PROCLAMATION - In recognition of Samir Patel for tying for 2nd place in the 78th Scripps National Spelling Bee PROCLAMATION - In recognition of Butch Ethridge Day - July 15, 2005 PRESENTATION - In recognition of City employees for years of service: Kacey Bess, Financial Analyst; Scott Welmaker, Economic Development Manager; Dixie Smith, Administrative Secretary, Troy Crawford, Sports Turf Technician; Malinda Spence, Police Officer; Greg Hipps, Utility Operator; and Brandon Randall, Utility Operator CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2567 - Consent Items: a. Approval of minutes of the regular City Council meeting of June 21, 2005 b. Approval of minutes of the City Council Worksession of June 16-17,2005 c. Approval of minutes of the Joint City Council and Parks and Recreation Advisory Board meeting of June 6, 2005 d. Approval of the donation of $1,000, by Bob and Mary Ward, to the Colleyville Police Department Fund e. Approval to authorize the City Attorney to trademark the Celebrate Colleyville name and logo, and adopt a use policy as recommended by the Celebrate Colleyville Steering Committee PUBLIC HEARINGS: 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1531 - Approval of a Special Use Permit for a covered carport on Lot 4, Block 1, Community Home Addition, located at 1508 Cherry Lane, Case Z-05-018 G. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1532 - Approval of an Amendment to Chapter 3, Section 3.24 of the Land Development Code, regarding Planned Unit Development side and rear yard set-back regulations, Case Z-05-017 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1533 - Adopting an annual budget for Fiscal Year 2006 for the Colleyville Crime Control and Prevention District 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1534 - Denial of Gas Reliability Infrastructure Program (GRIP) Rate Request by Atmos Energy Corp., Mid-Tex Division 9. READING AND PUBLIC HEARING - Resolution R-05-2568 - Consideration of an appointment to the Historical Preservation Committee to fill an unexpired term REPORTS: 10. PLANNING AND ZONING COMMISSION MEETING MINUTES - May 9, 2005 ZONING BOARD OF ADJUSTMENT MINUTES - May 10, 2005 PLANNING AND ZONING COMMISSION MINUTES - May 23, 2005 PLANNING AND ZONING COMMISSION MINUTES - June 13,2005 CITIZEN COMMENTS: 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 12. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 12, 2005 - Reading and Public Hearing - Resolution R-05-2569 ADJOURNMENT: 13. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, July 8, 2005, at 5:00 p.m. Cynthia Singleton, TRMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. PRE-COUNCIL C\f)" Of ca''!i!~m(1) AGENDA BRIEFING tC:<;:l$ MEETING DATE: 07/12/05 CITY MANAGER I ;~ ITEM#: PC-1 DEPARTMENT HEAD I ~) iL1- FINANCE REVIEW I N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of selecting a date for a Joint City Council and SH26 Advisory Committee meeting The purpose of this item is to select a date for the Joint City Council and SH26 Advisory Committee meeting. At the June 22, 2005 SH26 Advisory Committee meeting, the attendees received an update from TXDOT officials regarding the design status, right-of-way acquisition and a construction schedule. Also for discussion was the expenditure of $250,000 for hardscape and softscape elements. The SH26 Advisory Committee requested a joint meeting with City Council to discuss other available funds for the project. Available dates of both TXDOT Officials and the Consulting Engineer will be provided at the Pre Council meeting. PRE COUNCIL ca@m@ AGENDA BRIEFING 'tt.~x~5 MEETING DATE: 07/12/05 CITY MANAGER ~ ITEM#: PC-2 DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: Discussion of selecting a date for a Joint City Council and Grapevine-Colleyville Independent School District Board (GCISD) meeting This item is provided at the request of a City Councilmember for the City Council to consider hosting a meeting with the GCISD Board. In the request, it was suggested that the meeting be held in early August. If the concurrence of the City Council is to host the meeting, the City Council will also want to discuss agenda topics and identify a date and time. The City Councilmember requested that the District present a report on the planned bond election. PRE COUNCIL ca@m@ AGENDA BRIEFING .,.C':o; 0\ $ MEETING DATE: 07/12/05 CITY MANAGER I 3i2 ITEM#: PC-3 DEPARTMENT HEAD I FINANCE REVIEW I I Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: Discussion of selecting a date for a City Council Worksession with various community groups to discuss common goals and work initiatives This item is provided at the request of a City Council member for the City Council to consider hosting a meeting with various community groups to discuss common goals and work initiatives. If the City Council concurrence is to host the meeting, the City Council will want to select agenda discussion items. In addition, the City Council will need to identify the time and date for the meeting and the community groups to be invited. In the request, the City Council member selected the meeting date of August 30, 2005. PRE COUNCIL cae@ AGENDA BRIEFING 'tC'x,,$ MEETING DATE: 07/12/05 CITY MANAGER ITEM # : PC-4 DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: UTILITY OPERATIONS SUBJECT : Discussion of irrigation and water usage and consideration of educational initiative to conserve water The purpose of this agenda item is to allow the Council an opportunity to review and discuss water consumption trends as well as possible initiatives for water conservation education as requested by a Councilmember. Backqround Colleyville has for several years consumed water at a rate that is much higher than the state and national averages. The general monthly consumption of water is approximately 11,000 gallons for the DFW region while the monthly average for Colleyville is approximately 21,000 gallons per month. The larger usage of water by Colleyville residents is principally a result of swimming pools (water evaporation) and extensive landscaping (irrigation). This high water consumption is modeled into the overall planning by the Trinity River Authority (TRA), in their water delivery system. The billing structure by the TRA provides for a flat per thousand gallon billing, no matter the volume of water purchased by a contracting entity. Excepting for consumption deliverability and storage, there is no fiscal impact to Colleyville by the higher water usage. Wholesale water customers for Dallas Water Utilities and Tarrant Water District pay a base fee plus volume charge whereby increased water usage has an adverse cost as usage goes up. The high usage occurs during the summer months due to irrigation of extensive landscaping and filling of swimming pools. We have been pumping 14 to 15 million gallons of water per day for the last couple of weeks. Colleyville's average annual water usage is 5.2 million gallons per day. The peak day for 2004 was July 23 at 12.388 million gallons pumped. Since June 17, 2005, the City has exceeded that daily amount; July 4, 2005 water usage exceeded 16 million gallons per day. This increased water usage is attributable in part to a dryer summer than last year. The scheduled ground storage tank for the northwest sector of the city is modeled from a long term water usage pattern and not impacted by the increased usage over the last few years. However, this summer's use is indicative of the continued need for the ground storage tank. Staff does not foresee any reduction in size or need of the ground storage tank from a water conservation program since residential water usage is established with the level of residential build out and type of outdoor watering needs. Pre-Council Briefing Page 2 of 2 Over the last several years, staff has been focused on distributing information on water conservation to new and existing customers. The materials are provided by the State of Texas as part of their overall water conservation program. Efforts to encourage water conservation consist of distributing pamphlets and Smartscape CD's to the general public on a regular basis and providing information on the cable access channel and website. In addition, Utility Department staff speaks to school, community and civic groups, regarding water conservation techniques. Some local cities have enacted conservation measures ranging from public education to mandatory year round restrictions. For several years, Colleyville has had a water conservation plan which provides guidance in restricting use of water during periods of drought and/or water emergencies. Staff is currently working on an updated plan as required by the State law. In addition to the water conservation plan, the City regularly updates the plumbing code for compliance with water reduction hardware for showers, faucets, commodes, etc. Water conservation approaches by municipalities principally consist of water reducing hardware, use of xeroscape plant materials and the use of "bubbler" type irrigation systems. While the first approach is addressed in our plumbing code, the later two are of a voluntary nature. The general public reaction to the use of xeroscape plant materials and bubbler irrigation has not been favorably accepted in the DFW region. Based on window surveys of Colleyville, the use of this type of landscape material is not used to any significant level. This is probably a result of the public viewing of the material being "too naturalistic" or as "desert type plants". With roughly 80 percent of the city already residentially built out, the pattern of water usage is likely set based on the type of irrigation and selection of plant materials. Some cities have taken an approach to adopt water conservation usage rates to promote water conservation. This system provides that as customers use water above a certain level, the rate per thousand increases substantially as a means to promote less water usage by creating a financial incentive to install bubbler irrigation and/or xeroscape plant materials. While this rate base can be negatively received by the community, it has generally proved the most successful in shaping the pattern of residential water usage. Attachment . Water conservation and emergency management plan . Water conservation information material . Water pumpage records 1993 thru 2004 . TRA pumpage reports June thru July 4, 2005 City of Colleyville Water Conservation and Water Supply Emergency Management Plan city Of llcg Texas Public Services Department Colleyville, Texas /~ . August 1998 j Water Conservation and Water Supply Emergency Management Plan Index Item Page 1. Disbursement Schedule jji 2. Conservation & Emergency Plan 1 Definitions 2 Actions 4 Enforcement 9 Termination of Action 11 3. Authority of the Mayor 13 4. Water Conservation Measures 14 5. Water System Management Personnel 15 6. Public Works Standby Personnel 16 7. Police Department Dispatchers 17 8. Trinity River Authority Plant Operators & Personnel 18 9. Emergency Area City Contacts 19 10. Public Works Personnel 20 11. Engineering Department Personnel 22 I. Item Page 12. Utility Line Locates 23 13. Area Utility Supply Companies 24 14. Utility Repair Contractors 25 15. News Agencies 26 16. Water Conservation Awareness Flyer 28 17. Voluntary Water Conservation Flyer 29 18. Enhanced Voluntary Water Conservation Flyer 30 19. Mandatory Water Conservation Flyer 31 20. Mandatory Ban on Outdoor Sprinklers Flyer 32 21. Ban on Outdoor Watering Flyer 33 ii. Water Supply System Emergency Operations Plan Disbursement Schedule Department/Section Copies 1. City Council 6 2. City Manager's Office 2 3. Engineering Department 3 4. Fire Department Administration 2 5. Parks Department Administration 2 6. Police Department Administration 2 7. Police Department Emergency Dispatchers 3 8. Public Works Department 4 9. Trinity River Authority Administration 2 10. Trinity River Authority Plant Operators 3 iii. City of Colleyville Water Conservation and Water Supply Emergency Management Plan The City of Colleyville Water Conservation and Water Supply Emergency Management Plan has been developed in order that the emergency operating procedures of the Colleyville Water Supply System can be made available to all of the City of Colleyville Management Team. It is anticipated that this plan will be continually reviewed, adapted and improved. Water Conservation Management Indicators: Stage Condition Situation Action 1 Water Water consumption demand from TRA Public Conservation reaches 5.0 MGD for a period of 3 days out Awareness Awareness of a 7 consecutive day period or prior to the Program 15th of April. 2 Water Water consumption demand from TRA Voluntary Conservation reaches 8.0 MGD for a period of 3 days out Water Watch of a 7 consecutive day period. Conservation 3 Water Water consumption demand from TRA Enhanced Conservation reaches 10.0 MGD for a period of 3 days out Voluntary Warning of a 7 consecutive day period. Water Conservation 4 Water Water consumption demand from TRA Mandatory Conservation reaches 11.0 MGD for a period of 3 days out Water Emergency of a 7 consecutive day period and/or Conservation elevated storage capacity drops to less than 10 feet during any 24-hour period. 5 Water Water consumption demand from TRA Mandatory Conservation reaches 12.0 MGD for a period of 3 days out Ban on Crisis of a 7 consecutive day period and/or Outdoor elevated storage capacity drops to near zero Sprinklers during any 24-hour period. 1 Such indicators are intended to trigger or automatically set in place various water conservation measures to protect the integrity of the Water Supply System. Because of the uniqueness of the irrigation patterns in Colleyville and the TRA Customer City structure, these trigger conditions will require a period of observation before they can be finalized. Water Conservation and Water Supply Emergency Definitions: Stage 1 - Water Conservation Awareness: An annual water conservation condition in which the water demand from the Trinity River Authority has reached a consumption rate of 5.0 Million Gallons per Day for 3 days out of a 7 consecutive day period or the occurrence of the calendar date of the 15th of April. This situation usually indicates the beginning of the outdoor irrigation season. Stage 2 - Water Conservation Watch: A water supply condition in which the water demand from the Trinity River Authority has reached a consumption rate of 9.0 Million Gallons per Day for 3 days out of a 7 consecutive day 'period. This situation indicates that weather conditions are dry and that Voluntary Water Conservation measures are necessary. Stage 3 - Water Conservation Warning: A water supply condition in which the water demand from the Trinity River Authority has reached a consumption rate of 10.0 Million Gallons per Day for 3 days out of a 7 consecutive day period. This situation indicates that irrigation demand is heavy and that an advanced stage of Voluntary Water Conservation is necessary. 2 Stage 4 - Water Conservation Emergency: A water supply conservation condition in which the water demand from the Trinity River Authority has reached a consumption rate of 11.0 Million Gallons per Day for 3 days out of a 7 consecutive day period. Elevated storage tanks levels have also dropped to less than 10 feet elevation during the daily peak demand periods. This situation indicates that irrigation demand is severe with a potential threat to the integrity of the water supply system. Mandatory Water Conservation Measures are necessary. Stage 5 - Water Conservation Crisis: A water supply condition in which the water demand from the Trinity River Authority has reached a consumption rate of 12.0 Million Gallons per Day for 3 days out of a 7 consecutive day period. Elevated storage tanks levels have also dropped to near zero elevation during the daily peak demand periods. This situation indicates that irrigation demand is critical with an imminent threat to the integrity of the water supply system. Advanced Mandatory Water Conservation Measures are imperative! Standard Water Main Break: A water main break that does not create an immediate threat to the integrity of the water system as a whole. It can be repaired by city crews using city equipment and materials available on hand at all times. Emergency Water Main Break: A water main break that does create an immediate threat to the integrity of the water system as a whole. It is usually a main break that cannot be repaired by city crews or equipment and one for which materials are not readily available. 3 Water Supply Emergency: Events outside the control of the City of Colleyville which have an immediate adverse impact on the City of Colleyville's Water Supply System and the ability to provide Colleyville Citizens with a satisfactory volume of safe water at adequate pressure. A Water Supply Emergency may involve system problems at the Trinity River Authority facilities, system problems at the Tarrant Regional Water District facilities and/or TU Electric system problems with power outages. Water Conservation and Water Supply Emergency Actions: Stage 1 - Water Conservation Awareness: When this water conservation stage is reached the City will commence a water conservation awareness program. Such a program will be administered by the Director of Public Services and organized by the Public Works Manager, the Utility Superintendent and the Utility Supervisor (see page 15) and will consist of the following: A. "Stage 1 - Water Conservation 'Awareness" signs posted at prominent points throughout the City by the Engineering Department (see page 22). B. Colleyville Parks Department will inventory and adjust the sprinkler systems for all City Parks. C. Water Conservation programs presented at the local schools by the Utility Superintendent (see page 15). D. A public Water Conservation program presented at the Community Center by Howard Garrett (see pages 14 & 28). E. An educational Water Conservation flyer will be mailed to all Colleyville citizens and Home Owners Associations (see page 28). The Finance Department and the Utility Billing Office will assist with distribution. F. Water Conservation Awareness noted by the Mayor during City Council meetings. G. Area newspapers (see page 26) contacted and asked to run Water Conservation articles for the City of Colleyville. 4 Stage 2 - Water Conservation Watch: When this water conservation stage is reached and upon the authorization of the Mayor and City Manager, the City will commence a Voluntary Water Conservation Program in which the Citizens of Colleyville will be asked to conform to an "Odd-Even" irrigation plan. Colleyville Residents with Odd house number addresses will be asked to water only on Odd days of the month and Colleyville Residents with Even house number addresses will be asked to water only on Even days of the month. Such a program will be administered by the Director of Public Services and organized by the Public Works Manager, the Utility Superintendent and the Utility Supervisor (see page 15) and will consist of the following: A. "Stage 2 - Water Conservation Watch" signs asking for Voluntary Water Conservation will be posted at prominent points throughout the City by the Engineering Department (see page 22). B. Water Conservation Watch noted by the Mayor during City Council meetings. C. Area newspapers (see page 26) contacted and asked to note the request for Voluntary Water Conservation. Stage 3 - Water Conservation Warning: When this water conservation stage is reached and upon the authorization of the Mayor and City Manager, the City will initiate an Enhanced Voluntary Water Conservation Program in which the Citizens of Colleyville will be asked to irrigate according specific Zones: Zone 1 is the area South of Glade Road and East of Colleyville Blvd. and will be asked to water on Mondays and Thursdays only. Zone 2 is the area North of Glade Road and East of Colleyville Blvd. and will be asked to water on Tuesdays and Fridays only. Zone 3 is the area located West and North of Colleyville Blvd. and will be asked to water on Wednesdays and Saturdays only. Such a program will be administered by the Director of Public Services and organized by the Public Works Manager, the Utility Superintendent and the Utility Supervisor (see page 15) and will consist of the following: 5 A. "Stage 3 - Water Conservation Warning" signs, asking for Enhanced Voluntary Water Conservation will be posted at prominent points throughout the City by the Engineering Department (see page 22). B. Water Conservation Warning noted by the Mayor during City Council meetings. C. Area newspapers (see page 26) contacted and asked to note the request for Enhanced Voluntary Water Conservation. Stage 4 - Water Conservation Emergency: When this water conservation stage is reached and upon the authorization of the Mayor and City Manager, the City will initiate a Mandatory Water Conservation Program in which voluntary measures of "Stage 3 - Water Conservation Warning" are elevated to that of Mandatory. Such a program will be administered by the Director of Public Services and organized by the Public Works Manager, the Utility Superintendent, and the Utility Supervisor (see page 15) and will consist of the following: A. "Stage 4 - Water Conservation Emergency" signs indicating Mandatory Water Conservation will be posted at prominent points throughout the City by the Engineering Department (see page 22). B. Water Conservation Emergency noted by the Mayor during City Council meetings. C. Area newspapers (see page 26) contacted and asked to note the Mandatory Water Conservation Program. Stage 5 - Water Conservation Crisis: When this water conservation stage is reached and upon the authorization of the Mayor and City Manager, the City will initiate a Mandatory San on all outdoor water sprinkler systems to include both automatic and mechanical systems and any type of soaker hose or other unattended device. Citizens will be allowed to hand water only (watering only with a hose held by the hand) according to specific Zones: Zone 1 is the area located South of Glade Road and East of Colleyville Blvd. Zone 1 residents will be allowed to hand water on Mondays and Thursdays only. 6 Zone 2 is the area located North of Glade Road and South of Colleyville Blvd. Zone 2 will be allowed to hand water on Tuesdays and Fridays only. Zone 3 is the area located West and North of Colleyville Blvd. Zone 3 residents will be allowed to hand water on Wednesdays and Saturdays only. Such a program will be administered by the Director of Public Services and organized by the Public Works Manager, the Utility Superintendent and the Utility Supervisor (see page 15) and will consist of the following: A. "Stage 5 - Water Conservation Crisis" signs indicating Mandatory Ban on Water Sprinkler Systems posted at prominent points throughout the City by the Engineering Department (see page 22). B. Water Conservation Crisis noted by the Mayor during City Council meetings. C. Area newspapers and other news agencies (see page 26) contacted and asked to note the Mandatory Ban on Water Sprinkler Systems. Standard Water Main Break: When Public Works receives notification of a water main break, reconnaissance personnel are sent to' evaluate. A site evaluation of the situation is performed and a repair plan of action is developed. If a large quantity of water is being lost, the reconnaissance team will immediately valve off the affected section of the system and notify their supervisor concerning the necessary assistance required for the situation. Once the main line has been valved off, other utilities will be contacted for line locates (see page 23) before commencing excavation operations. In the meantime a repair crew, along with all the necessary equipment and materials, is prepared and transported to the site. Public Works personnel will attempt to notify all Colleyville Residents affected by the water main being out of service. Residents will be notified either in person or through a door hanger. Emergency Water Main Break: If the water main break is determined to be of an "Emergency Class," then 7 the same procedures for a standard water main break are initially followed. A utility contractor, with adequate equipment and manpower, is then called in to perform the work on an emergency contract basis (see page 25). Public Works personnel will attempt to notify all Colleyville Residents affected by the water main being out of service. Residents will be notified either in person or through a door hanger. Water Supply Emergency: During the event of a Water Supply Emergency, the following procedures are followed: 1. The Trinity River Authority Plant Operator (see page 18) contacts the Utility Superintendent, Kelly Howell (see page 15), and advises him of the Water Supply Emergency Situation. The Utility Superintendent will also seek to learn how the City of Colleyville can assist the Trinity River Authority with the Water Supply Emergency. 2. The Water Utility Superintendent contacts the Public Works Manager, Randy Brown (see page 15), and advises him of the Water Supply Emergency Situation. 3. The Public Works Manager contacts the Director of Public Services, Jim Foster (see page 15), and City Manager, Bob Stripling (see page 15), and advises them of the Water Supply Emergency Situation. 4. The Utility Superintendent contacts the Public Works Standby personnel (see page 16) and directs them to check the city facilities for possible problems such as low tank levels or water main breaks. 5. The Water Utility Superintendent or other Public Works personnel (see page 20) maintains contact with the Trinity River Authority (TRA) Plant Operator (see page 18) and checks the elevated water tank levels and advises the Public Works Manager, who in turn advises the Director of Public Services, and the City Manager. 6. Depending on the Water Supply Emergency Situation, public notification of the emergency and the implementation of mandatory water restrictions may be warranted if authorized by the Mayor and City 8 Manager. All Public notification will be under the direction of the Director of Public Services and will be organized by the Public Works Manager, the Utility Superintendent and the Utility Supervisor. Public notification may be made through any or all of the area news media agencies (see page 26). If the City Manager or Director of Public Services directs notification of the Water Supply Emergency Situation by "door to door flyers," (see page 33) then all Public Works' personnel will be utilized (see page 20). 7. The Utility Superintendent or other Public Works management personnel contacts the surrounding cities (see page 19) to determine if and how much water is available from the emergency water supply connection with their respective city. 8. If the primary Public Works personnel are not available, TRA contacts the Police Department dispatcher (see page 17) who will then make the initial calls to the Public Works Manager and so on. This procedure will help to shorten the notification time required by the TRA Plant Operators and allow more time to focus on the Water Supply Emergency. 9. ThgUtility SUp~ryi~or,Jim Leverett (seg PClge15},i.~tbg. number one back updH~t()ni~'Jnti.lllate knowledge of the Co II eyv iI Ie Water System Operation~'/~Twill be c~"ed out immediately by TRA Plant Operators for every emergency situation. Water Conservation and Water Supply Emergency Enforcement: Stage 1 - Water Conservation Awareness: No Enforcement Required. Stage 2 - Water Conservation Watch: No Enforcement Required. Stage 3 - Water Conservation Warning: No Enforcement Required. 9 Stage 4 - Water Conservation Emergency: Response to offenses of the Mandatory Water Conservation Program will be handled by Public Works personnel during regular day time hours and also during night time hours if authorized by the City Manager or the Director of Public Services. Police Department personnel will maintain a list of offenders during patrol. 1 st Offense - Public Works personnel will present the offender with a "Mandatory Water Conservation" flyer (see page 31) and request them to turn their sprinkler system off. 2nd Offense - Public Works personnel will turn the offending party's sprinkler system off and leave a "Mandatory Water Conservation" flyer (see page 31) on the door. 3rd Offense - Public Works personnel will turn the offending party's water meter off and lock the meter. Public Works personnel will leave a door hanger indicating that water service will be restored after the passage of 48 hours and only after the resident has called the Utility Billing Office during regular office hours and requested the reconnection. Stage 5 - Water Conservation Crisis: Response to offenses of the Mandatory Ban on Water Sprinkler Systems will be handled by Public Works personnel during regular day time hours and also during night time hours if authorized by the City Manager or the Director of Public Services. Police Department personnel will maintain a list of offenders during patrol. 1 st Offense - Public Works personnel will present the offender with a "Mandatory Ban on Outdoor Sprinklers" flyer (see page 32) and request them to turn their sprinkler system off. 2nd Offense - Public Works personnel will turn the offending party's sprinkler system off and leave a "Mandatory Ban on Outdoor Sprinklers" flyer (see page 32) on the door. 3rd Offense - Public Works personnel will turn the offending party's water meter off and lock the meter. Public Works personnel will leave a door 10 hanger indicating that water service will be restored after the passage of 48 hours and only after the resident has called the Utility Billing Office during regular office hours and requested the reconnection of service. Water Supply Emergency: Response to offenses of the Mandatory Water Supply Emergency Restrictions will be handled by Public Works personnel during regular day time hours and also during night time hours if authorized by the City Manager or the Director of Public Services. Police Department personnel will maintain a list of offenders during patrol. 1 st Offense - Public Works personnel will present the offender with a notice of the "Ban on Outdoor Watering" flyer (see page 33) and request them to turn their sprinkler system off. 2nd Offense - Public Works personnel will turn the offending party's sprinkler system off and leave a "Ban on Outdoor Watering" flyer (see page 33) on the door. 3rd Offense - Public Works personnel will turn the offending party's water meter off and lock the meter. Public Works personnel will leave a door hanger indicating that water service will be restored after the passage of 48 hours and only after the resident has called the Utility Billing Office during regular office hours and requested the reconnection of service. Termination of Water Conservation and Water Supply Emergency Conditions: In the event of milder weather conditions resulting in a reduction in irrigation demand or the resolution of a Water Supply Emergency situation, the City may consider the termination of an existing Water Conservation Management Stage or an existing Outdoor Water Ban. The following plan will be utilized for this procedure: 11 Reduction in Water Consumption Demand: When the Water Consumption Demand from TRA has dropped to less than the Water Conservation Management Indicator for the previous or lower numerical Stage for a period of seven days and upon authorization of the City Manager, the City will adopt the Water Conservation Action for that lesser Stage. The adoption of a lower Water Conservation Stage will be administered by the Director of Public Services and organized by the Public Works Manager, the Utility Superintendent and the Utility Supervisor (see page 15). This procedure of reduction in Water Conservation Stages may continue down to Stage 2. Once initiated, Stage 2 must remain active until the 15th of October. The procedure followed for the reduction to a certain Water Conservation Stage will be the same as the procedure for originally initiating that Water Conservation Stage. Resolution of a Water Supply Emergency: When a Water Supply Emergency, which resulted in an Outdoor Watering Restriction or Ban, has been resolved and upon authorization of the City Manager, the City will return to the Water Conservation Stage which was in effect at the time of the Water Supply Emergency. If no Water Conservation Stage was previously in effect, then Water Conservation Stage 3 will be adopted for a period of seven days. At the end of seven days a stage adjustment can be made to a higher or lower Water Conservation Stage. The procedure for termination of the Water Supply Emergency Restrictions or Ban will be administered by the Director of Public Services and organized by the Public Works Manager, the Utility Superintendent and the Utility Supervisor (see page 15). The procedure for adopting any Stage will be the same as originally explained for initiating that Stage. 12 Authority of Mayor During a Water Shortage Code of Ordinances City of Colleyville, Texas 1 The mayor is hereby authorized to declare that a shortage of water exists at any time that in his opinion the unrestrained use of water will create a danger to the water supply and during such times he may designate which groups of persons may use water and on which days such persons may use water and for what purposes. 2. All persons are prohibited from using water in the system for the purpose of watering lawns and flowers and washing automobiles and trucks when the mayor has declared that a shortage of water exists; provided, however, that the mayor may designate certain hours when certain groups of persons may use water for the above purposes during the existence of a shortage of water. 3. Notice of such restricted use of water shall be given by publication in the official newspaper of the city one time or by posting notices at three places in the city or by actual notice to any person by an officer of the city. (Ord. No. 0-76-220, 2-17-76) 13 Water Conservation Measures The following is a list of possible water conservation measures to be considered both before and during a Water Supply Emergency: 1. The implementation of Voluntary Irrigation Restrictions, Mandatory Irrigation Restrictions or a Ban on Outdoor Watering. 2. The implementation of an inverted water rate structure in which the price of water increases with the volume of consumption. 3. The scheduling of seminars by "The Dirt Doctor," Howard Garrett (214) 365-0606, in order to educate citizens on irrigation techniques to conserve water. 4. The scheduling of an annual project with "The Dirt Doctor," Howard Garrett, in which "Organic Methods" are utilized in City of Colleyville parks to demonstrate potential water conservation practices. 5. The investigation of utilizing well water for the irrigation of all City of Colleyville park facilities. . 6. Obtaining the hardware and software necessary for the Water Utility Superintendent to network with TRA computers and continually monitor City of Colleyville tank levels and water consumption. This procedure will enable the Utility Superintendent to evaluate irrigation cycle trends, the effects of weather patterns on irrigation demands and the benefits of initiated water conservation measures. 7. Purchase of a Centralized and Computerized Controlled irrigation system for the Parks Department. 8. Scheduling of Water Conservation Seminars for Public Works and Parks Department Personnel. 14 Colleyville Water System Management Personnel NamelTitle Office Phone Home Phone Mobil/Cell Pager Phone Bob Stripling 577-7589 488-2062 946-1091(M) City Manager Ext. 202 Dianne McWethy 577-7589 ( 817)232-8319 Asst. City Mgr. Ext. 204 Jim Foster 577-7589 498-4601 216-3219 Pub Svc Dir Ext. 228 Randy Brown 540-0609 292-1709 233-2122 216-3250 Pub Wks Mgr Kelly Howell 540-0609 838-0338 216-3243 Uti! Supt Jim Leverett 540-0609 595-3238 239-0881 216-3244 Uti! Supervisor Mike Johnston 488-6277 (972)539-8649 296-9480(M) 216-3210 Fire Chief 798-0798@ John Young 485-7979 (972)723-5148 296-9472(M) 216-3226 Police Chief 15 Public Works Standby Personnel (Current list at Police Dispatch, 281-3132 & Public Works, 540-0609) No.1 Man On Call Pager (817) 216-3241 Cell Phone (817) 235-8350 No.2 Man On Call Pager (817) 216-3242 Scott Ham Radio No. 210 Home Phone (817) 481-6851 Midae Tekaucic Radio No. 225 Home Phone (817) 306-0229 Ron Sommerfeld Radio No. 211 Home Phone (817) 838-9555 Keith Dovers Radio No. 213 Home Phone (817) 485-0011 Ramon Ortiz Radio No. 244 Home Phone (817) 868-9643 Rod Bybee Radio No. 236 Home Phone (817) 232-3307 Don Strange Radio No. 233 Home Phone (817) 648-3532 Kevin Moody Radio No. 240 Home Phone (817) 283-1667 Steve Jalovec Radio No. 220 Home Phone (817) 656-5616 John Escamilla Radio No. 215 Home Phone (817) 361-8818 Roberto Sustaita Radio' No. 228 Home No. (817) 638-2243 Bobby McMurtray Radio No. 205 Home Phone (817) 581-6247 If unable to contact person on call, contact: Jim Leverett - (817) 595-3238(H); (817) 239-0881 (C); (817) 216-3244(P) Kelly Howell - (817) 838-0338(H); (817) 216-3243(P) Jerry Jones - (817) 656-7786(H); (817) 216-3245(P) Randy Brown - (817) 292-1709(H); (817) 216-3250(P) 16 City of Colleyville POLICE DEPARTMENT DISPATCHERS Dispatch Phone Number (817) 281-3132 NAME SH 1FT Gayle Konikoff 8:00 A.M. To 4:00 P.M. Ann Beisel 4:00 P.M. To Midnight Clark Wood Midnight To 8:00 A.M. Wanda Perry Rotates 17 TRINITY RIVER AUTHORITY TARRANT COUNTY WATER SUPPLY Patty Cleveland Office: (817) 467-4343 Fax:(817) 417-0367 Plant Management Name Title Phone Numbers Gerald Null Plant Manager (817) 267-4226 Sid McCain O&M Supervisor (817) 267-4227 David Harris Chief of Operations Jim Swords Chief of Maintenance Plant Operator Shift Schedule Shift Shift Time Operator Phone Numbers 1ST 7:00 AM To 3:00 PM Tom Theodore (817) 267-4226 David Mickelson (817) 267-4227 2ND 3:00 PM To Midnight Gerald Brown Vacant Position 3RD Midnight To 7:00 AM Charles Oldman Brad Euckert 18 EMERGENCY AREA CITY CONTACTS City Contact Phone Number Emergency Connection Location Bedford Public Works - Day (817) 952-2136 Ken Tywater & Don Baker (Martin Pkwy.) Public Works Fax (817) 952-2240 Police Dept. After Hours (817) 952-2127 Euless Public Works - Day (817) 685-1580 Randy Byers, Util. Supt. (Glade @ Heritage) Public Works Fax (817) 685-1585 Police Dept. After hours (817) 685-1526 Grapevine Public Works - Day (817) 481-0415 Matt Singleton, Asst Dir of (Roberts Rd. @ City PW or Chris Seaver Limit - No Meter) Public Works Fax (817) 410-3051 Police Dept. After hours (817) 410-8127 Hurst Public Works - Day (817) 788-7200 Keith Fisher (Precinct Line Rd. @ City 24 hr PW Dispatcher (817) 788-7212 Limit) Keller Public Works - 24 hr. No. (817) 431-1055 or Gerald Cooksey, Util.Supt. (817) 431-1285 (Bandit Tr. @ City Limit) Public Works Fax (817) 431-2051 North Richland Hills Public Works - Day (817) 581-5521 Larry Jones, Util. Supt. (Precinct Line Rd. - Public Works Fax (817) 656-7538 100yds N. of Murphy St.) Police Dept. After hours (817) 281-1000 South lake Mike Patterson, Util. Supt. (817) 481-5581 ext. 762 Public Works Fax (817) 421-7581 (Pleasant Run Rd. @ Big Police Dept. After hours (817) 488-7511 Bear Creek Bridge) 19 PUBLIC WORKS PERSONNEL August 1998 RADIO # NAME TITLE PAGER # HOME PHONE 200 RANDY BROWN PUBLIC WORKS MANAGER 216-3250 292-1709 201 JERRY JONES STREET SUPERINTENDENT 216-3245 656-7786 202 KELL Y HOWELL UTILITY SUPERINTENDENT 216-3243 838-0338 205 BOBBY MCMURTRAY STREET CREW LEADER 216-3246 571-6247 207 RICK MOSSHOLDER MECHANIC 847-5658 209 ROBERT TORREZ METER CHANGER 943-9085 282-4722 210 SCOTT HAM UTILITY OPERA TOR I 943-9096 481-6851 211 RON SOMMERFELD UTILITY OPERA TOR I 838-9555 213 KEITH DOVERS UTILITY OPERA TOR II 216-3251 485-2211 215 JON ESCAMILLA UTILITY OPERATOR I 361-8818 216 MIKE CAMBELL SIGN TECHNICIAN 282-1648 219 RONNIE AMBROSE EQUIPMENT OPERATOR 236-8268 220 STEVE JALOVIC UTILITY OPERA TOR I 656-5616 223 TIM MATHIS MECHANIC 788-9579 225 MIKE TEKAUCIC UTILITY OPERA TOR II 216-3249 485-9413 226 JAMES WATKINS EQUIPMENT OPERATOR 540-4513 228 ROBERTO SUSTAITA UTILITY OPERA TOR I 638-2243 229 GENE COLEMAN STREET CREW LEADER 656-9433 231 DONNY PARISH EQUIPMENT OPERATOR 282-4572 232 JIM LEVERETT UTILITY SUPERVISOR 216-3244 595-3238 233 DON STRANGE STREET CREW LEADER 216-3253 648-3532 20 RADIO # NAME TITLE PAGER # HOME PHONE 235 MARY DOWD PUBLIC WORKS SEC. 236 ROD BYBEE UTILITY OPERATOR II 216-3252 232-3307 240 KEVIN MOODY EQUIPMENT OPERATOR 283-1667 241 JIMMY BROCK EQUIPMENT OPERATOR 431-1652 242 RALPH HALL SIGN TECHNICIAN 216-3248 788-4866 243 KIM ROBY EQUIPMENT OPERATOR 281-4368 244 RAMON ORTIZ UTILITY OPERATOR I 685-8586 245 HOMER CRUSE OPERATOR 485-0581 275 CAROL STANTON PUBLIC WORKS CLERK 21 ENGINEERING DEPARTMENT PERSONNEL August 1998 577-7587 RADIO # NAME TITLE PAGER # HOME PHONE 302 Casey Sledge Capital Improvement Eng. 216-3216 447-5081 303 Jim Foster Director of Public Services 216-3219 498-4601 304 Kathy Moore Engineering Secretary ----------- 561-2655 309 Chris Steubing Comm. Development Eng. 216-3220 581-7365 310 Steven Cherry Project Inspector 216-3222 483-9422 311 Russell Bruce Project Inspector 216-3224 428-6839 312 Sammie Bowling Permit Clerk I ------------ 281-0354 313 Troy Gray Engineer Tech. 216-3223 656-4458 314 Jimmy Vandever Project Inspector 216-3221 346-8029 206 Russell West Comm. Code Inspector 216-3214 282-2560 222 Janet Houk Permit Clerk II ------------ 571-5303 221 Gary Barnett Comm. Code Inspector 216-3217 940/969-2215 227 David Ramage Comm. Code Inspector 827-0579 354-9220 315 Dorthy Posey Public Service Receptionist ------------ 545-3502 Jan Hofstrom Planning & Zonning Asst. ------------ 354-8171 Tom Niederauer Senior Planner 216-3218 277-7958 --------------------- C/O Manager 216-3215 22 UTILITY LINE LOCATES Company Phone DIGG TESS 1-800-344-8377 Notifies SWBT, GTE, LSG, EXP PL & Marcus Cable TU Electric (972) 791-2888 TRI-County Electric (972) 500-5486 TCI Cable (972) 445-5732 23 AREA UTILITY SUPPLY COMPANIES Company Contact Phone Number Atlas Utility Supply D. J. Johnson, Jr. (817) 834-4275 Utility Parts & Supplies Pager (817) 331-2034 Fax (817) 831-1014 Ferguson Supply George Kazanas (817) 540-1888 Utility Parts & Supplies Pager (817) 827-1268 Fax (817) 540-0357 Hughs Supply Gary Allison (817) 595-0580 Texas Water Products (817) 457-9988 Fax (817) 654-2007 U & D Enterprizes Don Ellis (817) 543-2769 Hand Tools/ Barricades 24 UTILITY REPAIR CONTRACTORS Company Contact Phone Number Huffman & Huffman Gary Huffman (972) 434-3640 Pager (817) 828-2110 Lloyd Brothers Const. Lloyd Brothers (817) 267-4070 Circle H Construction Mark Hill (972) 723-0802 Pager (214) 848-0442 303 Contractors Todd Feazel (817) 261-9071 Pager (817) 450-0658 Hall-Albert Construction Philip Stevenson (817) 624-9391 25 NEWS AGENCIES Newspapers Paper Contact Phone Number Fort Worth Star Tara Dooley (817) 685-3814 T elegram/N E Section Lee Williams (817) 685-3824 Metro Editor (817) 685-3823 News Room (817) 685-3838 Grapevine Sun Editor - Les Cockrell (817) 488-8561 24 hr pager for Editor (817) 930-6009 Colleyville Reporter -Holly (817) 488-8561 Linzay News Room Fax (817) 488-5339 Television Stations Station Contact Phone Number Channel 4 Ask for the Assignment (214) 720-3155 KDFW Desk Channel 5 Ask for the Assignment (817) 654-6300 KXAS Desk Channel 8 Ask for the News Desk (214) 748-9631 WFAA Emergency No. To the (214) 977-6213 News Desk Channel 11 Ask for AI Manning or (817) 496-7711 KTVT Tom Grego Channel 13 Ask for Radio Control (214) 871-1390 Ext. 254 KERA Room 26 Radio Stations Station Contact Phone Number KLTY Dave Tucker - News Dir. (972) 263-0094 Ext. 128 94.1 FM Line to DJ (972) 787-1094 KOAI Station (214) 287-1075 107.5 FM KTXQ 102 FM Maria Miller (817) 528-0747 97.9FM Becky White (817) 528-0747 KVIL Mark Watkins - Station (214) 891-7965 103.7 FM Cell Phone (972) 208-8866 Station Fax (214) 891-7975 WBAP Dan Potter (817) 695-1820 820 AM Station Fax (817) 695-0018 27 Colleyville Implements Water Conservation Awareness Stage 1 The Summer weather is upon us along with the lawn and gardening growing season. The following measures will help beautify your lawn, plants, and garden, and also help conserve water for all of Colleyville: . Check Sprinkler System for leaks. . Check Sprinkler heads for proper adjustment and coverage. . Mow grass weekly, leaving the clippings on the lawn to return nutrients and organic matter to the soil. General mowing height should be 21/2 inches or taller. . Apply an organic fertilizer 2 - 3 times per year. Add lava sand annually at 40 - 80 pounds per 1,000 sq. ft. to help hold moisture in the soil. . Adjust water schedule seasonally to allow for deep, infrequent waterings in order to maintain an even moisture level. Start by applying about one inch of water per week in the summer and adjwst from there. Water needs will vary from site to site. . Determine a watering schedule by probing the soil. . For additional tips listen to Howard Garrett, the Dirt Doctor with the Natural Way on News/Talk 820 - WBAP on Saturday from 11 :00 a.m. to Noon and Sunday from 8:00 a.m. to Noon. Dallas Morning News column Fridays - House & Garden Section. Howard Garrett, the Dirt Doctor - P.O. Box 140650- Dallas, Texas 75214 Metro: (817) 695-0817 Fax: (214) 365-0608 Web Site: www.dirtdoctor.com E-Mail: hgarrett@wbap.com For additional information call Kelly Howell, Utility Superintendent, at (817) 540-0609. 28 Colleyville Implements Voluntary Water Conservation Stage 2 The hot, dry weather currently being experienced throughout our local area, has created an increase in the demand of domestic water for irrigation purposes. In order to prevent a strain on the operation of our City Water Supply System, certain conservation measures have become necessary. Colleyville residents are requested to voluntarily adjust their use of water for irrigation and conform to an "Odd-Even" watering scheme as follows: . Colleyville Residents with Odd house number addresses are asked to water only on Odd days of the month. . Colleyville Residents with Even house number addresses are asked to water only on Even days of the month. . Colleyville Residents are requested not to water on Sundays. For additional information call Kelly Howell, Utility Superintendent, at (817) 540-0609. 29 Colleyville Implements Enhanced Voluntary Water Conservation Stage 3 The severe drought, currently being experienced throughout our local area, continues to place a severe strain on the operation of our City Water Supply System. In order to continue to assure the provision of an adequate supply of domestic water, certain Enhanced Voluntary Water Conservation measures have become necessary. Effective immediately, Colleyville residents are requested to voluntarily adjust the use of water for irrigation according to specific Zones: · Zone 1 is the area South of Glade Road and East of Colleyville Blvd. Residents of this zone will be asked to water on Mondays and Thursdays only. · Zone 2 is the area North of Glade Road and East of Colleyville Blvd. Residents of this zone will be asked to water on Tuesdays and Fridays only. · Zone 3 is the area located West and North of Colleyville Blvd. Residents of this zone will be asked to water on Wednesdays and Saturdays only. For additional information call Kelly Howell, Utility Superintendent, at (817) 540-0609. 30 Colleyville Implements Mandatory Water Conservation Stage 4 Due to the continuation of severe drought conditions, Mandatory Water Conservation Measures have become necessary. Effective immediately and until further notice, mandatory restrictions on the use of water for irrigation will be according to specific Zones: . Zone 1 is the area South of Glade Road and East of Colleyville Blvd. Residents of this zone may water on Mondays and Thursdays only. . Zone 2 is the area North of Glade Road and East of Colleyville Blvd. Residents of this zone may water on Tuesdays and Fridays only. . Zone 3 is the area located West and North of Colleyville Blvd. Residents of this zone may water on Wednesdays and Saturdays only. Violations of this Mandatory Water Conservation Program may result in the disconnection of your water service. Thank you for your understanding, patience and compliance during this emergency situation. For additional information call Kelly Howell, Utility Superintendent, at (817) 540-0609. 31 Colleyville Implements BAN ON OUTDOOR WATERING The severe drought has drastically increased the demand for water and placed a severe strain on the operation of our City Water Supply System and the ability of the Trinity River Authority to deliver an adequate supply of water to the City of Colleyville for daily domestic use. Until this crisis is over, certain emergency measures have become imperative in order to protect our water supply system: Effective immediately and until further notice, there is a ban on all outdoor watering in Colleyville. When this crisis is over, announcements will be made via the public media - television, radio and the newspapers. Violations of this ban may result in the disconnection of your water service. We appreciate your understanding, patience and compliance during this emergency situation. 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OCOOCON ,....-,.......,....-,....-,....-,......NNN..~N~~ .!!! G) ~ 000 o o ai o 1"-. N ("') 0000000000 00000000 00000000 cDC"i~C"ir--:Il'iIl'iC"i OI"-("')("')'<tL.O("')("') N 0>("') '<t..... 0 1.0 <0 cD~~r--:cD....:ll'ir--: .....("')<O'<t<OL.O'<t<O ("')NNN............... <i. Ii .-; 0000000000000 0000000000000 O.O.O.qo O.O.qO.qO.O.O. ~~~~a5~~~ci!;~g~g ("'). co. O. '<to ffi <0. ...... '<to <0. <0. co. 0>. ~ ~~~~Il'i~~~~~~~~ '<t.("').("').0.~ '<t.I"-.O.CO.I"-.O.CO."'- ,....,....,....,.... ,....,....C\.I,....,....N,....,.... -.- . . . . . :~ JUL ~l ~~~~ l~'~( r~ I~H I~W~r Olr ~Dr OrrJ IU ~ULLCIV - ~CLLI r.~I/~1 Monthly Water Report Trinity River Authority City of Colleyville June 2005 MaxImum Day 15,076 Days pumped 30 Minimum Day 5,603 , Date Colleyville West Collevville South CollewiIJe East Collevvllle Total % of Pumpage 1 2,426, 2,271.. 906 5,603 24 ..".-. ---..- ~:~K 2 2.521 .~..!004 6,~~O 23 3 3,12~ 979 7,5~7 30 .-....,.... 4 3,2~~ 3,~?.2 946 J,429 25 .- 5 2,8~? 2,718 867 . 6,477 23 ... '- .- .. 6 ~1545 3,506 1,030 8,081 27 .-. -. " 7 4,145 3,711 996 8,652 25 ., ~- _. '--~' 8 ~!p40 4,151 986 10,177 24 - ,-. - 9 4,471 3,958 1,589 10,018 24 -.r... ... '- .......- 10 5,265 4,009 2,060, 11,334 24 .. -". 1,019: .. 11 5,130 4,368 10,517 24 f---..- ",... ,. " 1,911T .,. 12 5,254 4,172 11,337 24 ...... --., '" 13 5,086 4,077 2,881 12,044 26 -", I ". .......~ "'...- 14 4,933 4,036 2..1296 J 1 ,265 27 --, ","".- -." - .. 15 5.734 4,221 3,111 13,066 27 - .. 3';83.~ -..... .- 16 4,849 3,223 11,907 27 ,.... .. 17 5,425 3,918 4,496 13,839 28 -." "-- H". 18 5,221 3,782 4,420 13,423 28 -,,,_. - .. -. 19 5,966 3,611 4,076 13,653 29 .. ,- .,. -. . 20 5,981 3,903 3,780 13,664 28 - .... '.. .. -~- 21 5,500 3,87~~ 4,160 13,531 27 ,. ''',- --- 22 5,363 4,023 4,322 13,708 28 23 .- .. .. _....,~ .. ....- 5,680 3,~36 4,096 13,512 25 .. ,. .., --- 24 6,013 4,081 4,477 14,571 24 - .-- . --, 25 5,935 3,631 5,265 14,831 26 -. "h. ... 26 6,485 4,073 3,874 14,4~~ 26 -.". '" 27 5,784 4,041 4,538 14,3~3 25 -'. - ""n -. - 28 5,588 3,415 5,519 14,522 25 -. - '_. 29 6,035 3,8~7 5,174 15~O76 25 ,.. .- ,.. . . 30 6,021 3,973 4,744 14!?38 25 .. ... .-- 31 Totals: 149,502 111,830 88,7451 350,On 26 Receivea Time Jul. 1. 9:27AM ** TOTAL PAGE.01 ** W~l ~WI WI I~ IW ~ULLLIV ~~LLl r.~~/~~ .:- . . . . . ... . Monthly Water Report City of Colleyville Trinity River Authority Jul 2005 . 16~126. Days pumped . 4 lHe~ South 4,172 4,114 4,165 3,998 . Colle .. me .Eaf3t . 5,033 3,980 4,694 -_.._.,.....--~.?~~~ - Colle . me Total 15,385 ....., . ..... .,."".-..-- 13,911 -~----_..... ~.- -- - - 14,879 ---.--- !S';'12'S}. .--.-...--.-- o ---------~............,. . .', -...-. a ..,..._ .ri.________ a a o o o o o o o o o o o o o a o -.-.... ,,--- o ...-.... -------_....,~" o o . .--. -.---- o a o o o % of Pum a e 25 25 25 26 - . .....-.-.-.. .--..- o o o o o o o o __"Ow"_"'__ o o o o o -.. ,., -....---. o o o ....-...-.-.-- o o '.' -- ---'--'-'--"~-'----'- o o o o o o ...--.-----..-., .. . o o o I 1-=-__.-'. .~. ._:~=_ Totals: 24,168 16,449 19,684 60,301 3 Received Time Jul, 5, 12:15PM ** TOTRL PRGE.01 ** PRE COUNCIL cae@ AGENDA BRIEFING ;C'X;'l:S MEETING DATE: I i ITEM#: I I I I 07/12/05 PC-5 CITY MANAGER I ; DEPARTMENT HEAD I I FINANCE REVIEW I Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: Discussion of the draft 2006 Work Initiatives This item is provided to allow an opportunity for the City Council to review for modifications the draft 2006 Work Initiatives developed during the City Council planning session held on June 16 and 17, 2005. The list of initiatives is scheduled to be approved by the City Council at the August 2, 2005 City Council meeting. Attachment . Draft 2006 Work Initiatives DRAFT CITY OF COLLEYVILLE 2005 - 2006 Work Initiatives Make Collevville more orosoerous throuah economic deve/ooment efforts . Prepare a plan addressing redevelopment opportunities with the goal of increasing commercial viability and creating a sense of unique destination for properties along SH26 while addressing challenges property owners will be confronted with associated with highway construction. Ensure fiscal intearitv and stewardshio of the City's financial olannina . Continue development of a five year financial plan identifying anticipated revenues and corresponding expenses for both operations and capital. The plan will identify needed adjustments to staffing, programming and operations and corresponding identified adjustments to user fees and taxes, as needed. Enhance the maintenance and reconstruction of the city roads and streets . Develop a five year street plan identifying funding requirements for both preventive maintenance and reconstruction needs for neighborhood streets and thoroughfares and scheduling of intersections. Funding opportunities include, among others, available Fund Balance cash, fees, capital bond financing and new fees or taxes. The plan will provide focused attention to street improvement opportunities for 2006. . Prepare a study to develop a commuter rail center in conjunction with regional planning for the Cotton Belt Commuter Rail Line with a focus on retail development and/or cooperative partnership opportunities. Effectivelv utilize and oromote Collevville's oaid and volunteer human resources . Develop a workforce development plan focusing on a competitive compensation- benefits plan while addressing needs for succession planning and addressing ways to promote greater citizen volunteer participation and recognition. Expand communitv relations of the Mayor & City Council with citizens and Boards . Develop a plan promoting elected officials credibility with the general citizenry by promoting the active involvement of citizens to participate with Board and Commission opportunities, creation of a Colleyville Presidents Council and the hosting of annual meetings with key community groups and City boards. Develop. expand and promote leisure activity opportunities for the citizens . Identify opportunities to focus on the development of city parks and private developments by creating an "urban oasis" for citizens to relax and enjoy family times thru enjoyment of trails, open spaces, theaters, shopping, etc. PRE COUNCIL ca0m@ AGENDA BRIEFING ;(."=,,0\$ i MEETING DATE: I I ITEM #: I I 07/12/05 PC-6 CITY MANAGER I DEPARTMENT HEAD! 1 i FINANCE REVIEW I l Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT : Discussion of 2006 - 2010 BAF projects for accelerated purchase As part of the June 16-17, 2005 planning meeting, staff identified various capital items that are needed over the next five years. This item is provided as a follow up to the meeting to receive direction for accelerating capital purchases identified by staff. During the meeting, the City Council reviewed, with staff, the projected ending year budget for 2005. The preliminary estimate projects the ending fiscal year balance to be approximately $750,000 in revenues over expenses. Following discussion by the City Council with staff, the City Council requested that staff review the various items identified to be purchased as part of the current fiscal year. Of the projected ending year cash balance, the City Council previously allocated $300,000 towards street improvements for the Tara Subdivision at the June 7, 2005 City Council meeting. This leaves a balance of $350,000 for the purchase of capital items. Staff has reviewed the various capital items presented during the planning meeting for accelerated purchase. Attached is a listing of BAF items, including the associated funding source, that staff is proposing to proceed for accelerated purchase as part of the current fiscal year. Attachments . Identified BAF items for purchase . Summary of Five Year BAF projects 2006 - 2010 BAF Projects for Purchase FUNDING NOTES SOURCE ITEM COST 2005 Ending Balance Projected $750,000 ending cash balance for FY 2005 Tara Subdivison $ 300,000 Radar Unit $ 7,195 911 Tape Recorder $ 50,000 Opticom Upgrade $ 20,000 Asphalt Distributor ($106,000) $ 25,000 Initial payment with cooresponding five year lease Pneumatic Roller $ 62,500 Concrete Saw $ 14,800 Agenda Software $ 23,000 Workforce Development Study $ 75,000 TB Computer Server $ 40,000 Park Maintenance Roof Replacement $ 8,500 Tire Changer $ 6,000 Tire Balancer $ 3,000 Vehicle Coolant Recycler $ 1,850 Golf Cart Replacement $ 6,000 Gator Replacement $ 8,850 Ballfield Groomer $ 9,000 Verti Cutter $ 7,000 Total: $ 667,695 Justice Center Funding Remaining bond fund balance of $57,500 Mobile Laptops $ 55,000 CITY OF COLLEYVILLE FY 2007 GENERAL FUND BAF REQUESTS DEPT DEPT PRIORITY REQUEST AMOUNT PROGRAM Fire 4 Opticom Signal Pre-Emption Ugrade $20,000 $20.000 PERSONNEL HR 1 3% COLA $250,271 CSO 1 Agenda Packet Manager $23,000 Library 1 (1) FT, 3 (PT) Adult Services Librarian Postiions $90,168 Library 2 (1) FT, 2 (PT) Youth Services Assistant Positions $59,155 Library 3 (1) FT and (1) PT to FT upgrade Library Asisstant $44.36~ Library 4 (2.5) PT Library Clerk Positions $57,772 Eng 2 Engineering Intern $19,800 PO 1 (2) Police Officer Positions $124,710 Rec 1 Senior Supervisor $40,190 Rec 3 Recreation Coordinator $33,066 Rec 4 Athletic Coordinator $33,066 Bldg Svcs 1 PT Building Maintenance Worker $12,251 $787,815 EQUIPMENT/CAPIT AL Library 5 Purchase of Library Materials $121,601 Eng 1 Benchmark System $35,000 Parks 1 Groomer Replacement $9,000 Parks 2 Verti Cutter $7,000 Parks 5 Field Maintenance Entry Improvements $10,800 Parks 6 Picnic Tables $6,000 Rec 2 Street Banners $9,000 Fleet 1 Tire Changing Machine $6,000 IS 1 Image Server Replacement $6,000 IS 2 City Hall/Library Switches Replacement $20,000 IS 3 Citywide System Backup Upgrade $6,000 IS 4 Justice Center Server (Ether) $8,000 $244,401 FACILITIES Library 6 Expansion of Library Services. Programs & Resources to 2nd Floor $1,234,000 Fire 3 Extend Rear Drive Approch, Fire Station #3 $10,000 CV CTR 1 Assembly Hall/Kitchen Ceiling Tile Replacement $22,000 $1,266,000 VEHICLE Fire 1 Ambulance Replacement $162,150 Fire 2 Command Vehicle Replacement $60,000 $222,150 ITOTAL REQUESTS $2,540,366 7/7/20052:39 PM CITY OF COLLEYVILLE FY 2008 GENERAL FUND BAF REQUESTS DEPT DEPT PRIORITY REQUEST AMOUNT PROGRAM HR 2 Evaluate Retiree Benefits Actuarial Study $35,000 $35,000 PERSONNEL HR 1 3% COLA $257,780 Fire 1 (5) Firefighter Positions - 3 shifts of 5 personnel $900,770 Fire 2 (3) Company Officer Positions $30,000 Fire 3 (1) Battalion Chief Position - 3 shifts of 1 personnel $30,000 Fire 5 Fire Inspector/Investigator $78,222 PD 1 (2) Police Officer Positions $124,710 $1,421,482 EQUIPMENT/CAPIT AL Library 1 Purchase of Library Materials $149,676 ENG 1 ArcView Software Upgrade $8,000 Parks 2 Dedicated Spray Rig $18,000 Parks 3 Toro Sandpro Replacement $9,000 Parks 5 Turfeo Core Aerifier Replacement $20,000 Streets 2 Air Compressor $20,000 Streets 3 Concrete Saw $14,803 Rec 1 Tennis/Basketball Court Resurfacing $35,000 Fleet 1 Tire Balancer $3,000 IS 1 Finance Server Replacement $10,000 $287,479 FACILITIES Parks 1 Parking Lot Striping $5,500 CV CTR 1 VCT Replacement $25,000 $30,500 VEHICLE Fire 4 Command Vehicle Replacement $65,000 PO 2 Police Patrol Vehicle $43,181 Streets 1 Dump Truck Replacement $90,671 $198,852 ITOTAL REQUESTS $1,973,313 I 7/7/20052:39 PM CITY OF COLLEYVILLE FY 2009-2010 GENERAL FUND BAF REQUESTS DEPT DEPT PRIORITY REQUEST AMOUNT 2009 PERSONNEL HR 1 3% COLA $265,513 PO 1 Police Sergeant/Supervisor $74,142 $339,655 EQUIPMENT/CAPIT AL Library 1 Purchase of Library Materials $150,784 ENG 1 Wide Format Plotter Replacement $15,000 Parks 1 Turfeo Top-Dresser Replacement $9,000 Parks 2 Toro Z-Master Mower Replacement $11,000 Parks 3 Smithco Groomer Replacement $9,000 Rec 1 Recreation/F acility Software $20,000 Fleet 2 Coolant Recycler $1,850 IS 1 TB Server $40,000 $256,634 FACILITIES CV CTR HVAC Repair/Replacement $55,000 $55,000 VEHICLE Streets 1 3/4 Ton Pickup Replacement $21,500 Streets 2 1 Ton Crew Truck Replacement $28,500 Streets 3 5 Ton Flat Bed Truck $90,671 Fleet 1 1/2 Ton Pickup Replacement $20,500 $161,171 ITOTAL REQUESTS $812,460 2010 PROGRAM Fire 2 Regional Communications Center $250,000 $250,000 PERSONNEL HR 3% COLA $273,478 $273,478 EQUIPMENT/CAPIT AL Library 1 Purchase of Library Materials $151,928 ENG 1 Wide Format Scanner Replacement $10,000 ENG 2 ArcView Software Upgrade $8,000 $169,928 VEHICLE Fire 1 Command Vehicle Replacement $85,000 Parks 1 Cab Truck Replacement $25,000 Parks 2 Cab Truck Replacement $22,000 CV Ctr 1 Van Replace $18,500 $150,500 ITOTAL REQUESTS $843,906 7/7/20052:39 PM PRE COUNCIL ca@m@ AGENDA BRIEFING tC'xO\$ I ITEM#: I 07/12/05 PC-7 CITY MANAGER I I MEETING DATE: i ! DEPARTMENT HEAD 11 FINANCE REVIEW N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the July 12, 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 ca~@ AGENDA BRIEFING "rcx,,::;' MEETING DATE: ITEM#: 07/12/05 1 ; CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW! 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. 551.072 - Sec. 551.072 - Sec. 551.072 - Sec. 551.087 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Sale of Property - 5100 Colleyville Boulevard Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations RESOLUTION R-05-2566 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 12, 2005 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF _AYES, NAYS AND ABSTENTIONS. 2005, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor CITY COUNCIL city Qf cae", AGENDA BRIEFING /(.'x.,::; MEETING DATE: ITEM#: 07/12/05 3 CITY MANAGER I DEPARTMENT HEAD ! FINANCE REVIEW iN/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 PROCLAMATION - In recognition of Tyler Browning for fulfilling a Soldiers Wish List PROCLAMATION - In recognition of Samir Patel for tying for 2nd place in the 78th Scripps National Spelling Bee PROCLAMATION - In recognition of Butch Ethridge Day - July 15, 2005 PRESENTATION - I n recognition of City employees for years of service: Kacey Bess, Financial Analyst; Scott Welmaker, Economic Development Manager; Dixie Smith, Administrative Secretary; Troy Crawford, Sports Turf Technician; Malinda Spence, Police Officer; Greg Hipps, Utility Operator; and Brandon Randall, Utility Operator EMPLOYEE YEARS OF SERVICE Second Quarter 2005 (April through June) INAME DEPARTMENT DATE HIRED YEARS OF SERVICE KACEY BESS CITY MANAGER OFFICE 5/10/2004 1 YEAR SCOTT WELMAKER ECONOMIC DEVLEOPMENT 6/1/2004 1 YEAR DIXIE SMITH PARKS 4/30/2004 1 YEAR TROY CRAWFORD PARKS 6/1/2004 1 YEAR MALINDA SPENCE POLICE DEPARTMENT 4/4/2004 1 YEAR GREG HIPPS PUBLIC WORKS/UTILITY 5/3/2004 1 YEAR BRANDON RANDALL PUBLIC WORKS/UTILITY 5/3/2004 1 YEAR RESOLUTION R-05-2567 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING JULY 12, 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 June 21,2005 b. Approval of minutes of the City Council Worksession of June 16-17, 2005 c. Approval of minutes of the Joint City Council and Parks and Recreation Advisory Board meeting of June 6, 2005 d. Approval of the donation of $1,000, by Bob and Mary Ward, to the Colleyville Police Department e. Approval to authorize the City Attorney to trademark the Celebrate Colleyville name and logo, and adopt a use policy as recommended by the Celebrate Colleyville Steering Committee AND IT IS SO RESOLVED. APPROVED ON THIS OF AYES, DAY OF NAYS AND 2005, BY A VOTE ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor MINUTES OF THE CITY COUNCIL MEETING JUNE 21, 2005 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 21, 2005, at 5:21 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Fire Chief Mike Johnston, Economic Development Manager Scott Welmaker, Parks and Recreation Director Monica Walsh, Financial Analyst Kacey Bess, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1. Discussion of projects for the Tarrant County Bond Election Public Works Director Keith Fisher provided an outline of the proposed City projects for the Tarrant County Bond Election and the process for submission to Tarrant County for consideration. Discussion ensued regarding the timeline for the bond election, the financial impact and the process for prioritizing the projects. PC-2. Discussion of process for protecting intellectual materials, City logos, etc., as developed by the City City Attorney Matthew Boyle provided information related to the procedures for protecting City materials and logos and answered questions of the Council. Council determined that staff will review the intellectual materials and City logos eligible for protection as outlined by the City Attorney and that various boards, commissions or committees provide proposed policies for the protection and use of City logos. CITY COUNCIL MINUTES JUNE 21, 2005 PC-3. Presentation of the Economic Development Quarterly Report Economic Development Manager provided an overview of the Economic Development Initiatives and answered questions of the Council. PC-4. Presentation of the Monthly Financial Report Finance Director Terry Leake presented the May 2005 Monthly Financial Report. PC-5. Discussion of the June 21, 2005, City Council regular agenda items There was general discussion regarding the Library Board appointments. There being no further business, Mayor Kelly declared the meeting adjourned at 6:21 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on June 21,2005, at 6:54 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler, Tom Hart and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Fire Chief Mike Johnston, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Community Development Coordinator Chris Fuller, Public Works Director Keith Fisher, Economic Development Manager Scott Welmaker, Parks and Recreation Director Monica Walsh, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 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 Brian K. Meroney vs. City of Colleyville Legal - Potential Litigation - Pecan Village Partners Property Acquisition Proposed Sale of Property - 5500 Colleyville Boulevard Proposed Sale of Property - 5100 Colleyville Boulevard Sec. 551.071 - Sec. 551.071 - Sec. 551.072 - Sec. 551.072 - Sec. 551.072 - 2 CITY COUNCIL MINUTES JUNE 21,2005 Sec. 551.087 - Economic Development Conference with City Manager and staff to discuss and deliberate commercial and financial information received from business prospect(s) the City seeks to have locate, stay, or expand within the City; with which business(es) the City is pursuing and conducting economic development negotiations Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, 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 6:55 p.m. and reconvened at 7:46 p.m. The invocation was given by Councilman Tony Licata and City Attorney Matthew Boyle led the Pledge of Allegiance. EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2561 Mayor Kelly opened the public hearing and read Resolution R-05-2561-A in its entirety. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-05-2561-A. Councilman Hendler seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. Mayor Kelly opened the public hearing and read Resolution R-05-2561-B in its entirety. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-05-2561-B. Councilman Boll seconded the motion. 3 CITY COUNCIL MINUTES JUNE 21, 2005 Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly and Councilman Licata presented a Proclamation to Huiying Chen, an American Field Service foreign exchange student, in recognition of being selected from thousands of applicants, to be an ambassador from China. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2562 - Consent Items: a. Approval of minutes of the regular City Council meeting of June 7, 2005 b. Approval of minutes of the City Council Worksession of May 24, 2005 c. Approval of a Preliminary Plat of Alianne Estates Addition on 14 acres out of the T. White Survey, Abstract 1692, located at 512 and 600 Shelton Drive, Case P-05-021 d. Approval of a Design Contract with Cheatham & Associates for the Tara Plantation Drainage Improvements Project, in the amount of $24,000 and authorizing the execution of the contract by the City Manager Mayor Kelly opened the public hearing and read Resolution R-05-2562 in its entirety. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-05-2562. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 4 CITY COUNCIL MINUTES JUNE 21, 2005 PUBLIC HEARINGS: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1529 - Approval of an Amendment to Chapter 3, Section 3.23 of the Land Development Code regarding Planned Unit Development Zoning Regulations, Case G-05-008 Mayor Kelly opened the public hearing and read the caption of Ordinance 0-05-1529. Mr. Richard Newton, 1208 Holly Lane, spoke in favor of the proposed ordinance and regarding the first PUD-R zoning and proposed changes related to the site plan and the approval process and conditions relating to approval. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1529. Councilman Hendler seconded the motion. Mayor Kelly expressed appreciation to the Planning and Zoning Commission and staff for their review and proposed changes to the Land Development Code. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1530 - Approval of an Amendment to the PUD Ordinance 0-02-1344 of the Beldon Hollow Addition on Lot 9, Block 1, located at 4801 Beldon Hollow Trail, Case Z- 05-015 Mayor Kelly opened the public hearing and read the caption of Ordinance 0-05-1530. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilman Hart moved to approve Ordinance 0-05-1530. Councilman Licata seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 5 CITY COUNCIL MINUTES JUNE 21, 2005 7. READING AND PUBLIC HEARING - Resolution R-05-2563 - Approval of a Request by Grapevine-Colleyville Independent School District to extend the time period to allow two existing portable buildings to remain on the property located at 5800 Colleyville Boulevard, Case G-05-010 Mayor Kelly opened the public hearing and read Resolution R-05-2563 in its entirety. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilman Boll moved to approve Resolution R-05-2563. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 8. READING AND PUBLIC HEARING - Resolution R-05-2564 - Consideration of the appointment of board and ex-officio members to the Colleyville Library Board Mayor Kelly opened the public hearing and read Resolution R-05-2564 in its entirety. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Pro Tem Ayers moved to approve Resolution R-05-2564, appointing Pat Jones, Place 1; Nancy Eytcheson, Place 3; Richard Roxburgh, Place 5; Dennis Healy, Alternate 1; and to expand the Board to add an Alternate 3 position with the appointment of Jim Moore, and appointing Steve Banta, Larry Darlage, Nancy Coplen, David Kelly and Ret Stansberger as ex officio members. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 6 CITY COUNCIL MINUTES JUNE 21, 2005 9. DISCUSSION OF THE PROCESS FOR PROTECTING INTELLECTUAL MATERIALS, CITY LOGOS, ETC., AS DEVELOPED BY THE CITY City Attorney Matthew Boyle provided information related to the process for protecting intellectual materials and City logos developed by the City. Mayor Pro Tem Ayers stated that Council requests that staff review the intellectual materials and City logos eligible for protection as outlined by the City Attorney and that various boards, commissions or committees provide proposed policies for the protection and use of City logos. REPORTS: 10. PLANNING AND ZONING COMMISSION MINUTES - May 9, 2005 LIBRARY BOARD MINUTES - May 9, 2005 The May 9, 2005, Planning and Zoning Commission minutes were removed for corrections. CITIZEN COMMENTS: 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Ed Baker, 6106 Highland Hills, spoke regarding service on the Celebrate Colleyville Steering Committee, the work of the committee, newspaper articles, the financial support for the event, the use of the Celebrate Colleyville logo and regarding the work of Jamie and Nelson Thibodeaux in support of the Celebrate Colleyville event. Ms. Linda Newton, 1208 Holly Lane, spoke regarding the membership of the Celebrate Colleyville Steering Committee and actions, the development of a policy for protecting intellectual materials and city logos and the use of the Celebrate Colleyville logo. Ms. Linda Baker, 4900 Behrens Road, spoke regarding the membership of the Celebrate Colleyville Steering Committee, the use of the Celebrate Colleyville logo and the coordination of a car show for the Celebrate Colleyville event. Ms. Kathy Hadley, 204 Timberline North, spoke regarding the health of the tree at Colleyville Town Center and the care of trees in the City. 7 CITY COUNCIL MINUTES JUNE 21, 2005 Ms. Jamie Thibodeaux, 5612 Coventry Court, spoke regarding the history of the Celebrate Colleyville event, the budget for the event, the service of Mr. Mike Taylor and Mr. Nelson Thibodeaux on the Celebrate Colleyville Steering Committee, the use of the Celebrate Colleyville, Winter Nights, Winter Lights logo and the success of the event. Ms. Thibodeaux expressed appreciation to staff members for their assistance with the Celebrate Colleyville event and committee. Mr. Nelson Thibodeaux, 5612 Coventry Court, spoke regarding news articles related to the planning of the Celebrate Colleyville event, the Celebrate Colleyville membership, the budget and purpose of the event and the economic benefit to the City. Mr. Richard Newton, 1208 Holly Lane, spoke regarding discord within the Celebrate Colleyville Steering Committee membership, newspaper articles regarding the use of the Celebrate Colleyville logo and the development of a policy for the use of the logo. ACTION/RESOLUTION: 12. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 21, 2005 - Reading and Public Hearing - Resolution R-05-2565 This item was not needed. ADJOURNMENT 13. ADJOURNMENT There being no further business before the City Council, Councilman Boll moved to adjourn. Councilman Licata seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the meeting adjourned at 8:49 p.m. APPROVED THIS AYES, DAY OF NAYS AND 2005, BY A VOTE OF ABSTENTIONS. 8 CITY COUNCIL MINUTES JUNE 21, 2005 Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 9 MINUTES OF THE CITY COUNCIL WORKSESSION June 16-17,2005 The Worksession of the Colleyville City Council was called to order by Mayor David Kelly on June 16, 2005, at 5:30 p.m. ROLL CALL: Councilpersons George Boll, Tony Licata, Rich Hendler and Tom Hart were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Fire Chief Mike Johnston, Police Chief Tommy Ingram, Finance Director Terry Leake, Community Development Manager Barry LeBaron, Economic Development Manager Scott Welmaker, Colleyville Center Manager Lin Przybyl, Public Works Director Keith Fisher, Engineer Chad Bartee, Public Works Manager Kelly Howell, Recreation Supervisor Craig Dishman, Library Director Mary Rodne, Financial Analyst Kacey Bess and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 6:30 p.m. II. Presentation and Discussion of Preliminary 2005 - 2006 Budget and Five Year Program City Manager Bill Lindley provided an overview of the meeting format. Department Heads presented an overview of anticipated budget needs for FY 2006-FY 2010 and answered questions of the Council. III. Presentation and Discussion of 2004 - 2005 Budget Update City Manager Bill Lindley provided a FY 2004-2005 Budget Update. The meeting was adjourned at 9:35 p.m. and reconvened at 1 :05 p.m. on June 17, 2005. CITY COUNCIL WORKSESSION JUNE16-17,2005 IV. Presentation and Discussion of the Council Rules of Procedure and format for City Council agendas and meetings City Manager Bill Lindley provided an outline of the Council Rules and Procedures. Council determined that the Council Rules of Procedures should be revised as follows: a. All meetings must have a quorum to start and continue. b. City Council may accept board, commission and committee Applications for Appointment up to the time the meeting, at which the appointments are to be made, is called to order. c. The order of a public hearing is as follows: open the public hearing; staff presentation, as appropriate (five minutes); applicant presentation (five minutes); citizen presentation (five minutes); close the public hearing; applicant presentation (ten minutes); City Council discussion and vote. d. The Mayor may impose a time limit for discussion of an agenda item. e. Begin the Pre Council meeting at 5:30 p.m. Council requested that Pre Council briefings provide a summary, identify the item as a general update or future action item and include a request for Council's direction, as appropriate. V. Presentation and Discussion of the 2005 Work Initiatives Update City Manager Bill Lindley provided an overview of the status of the 2004-2005 Work Initiatives. Assistant City Manager Paul Frederiksen presented a Workforce Development Plan related to a Retention Program, Succession Plan and a Compensation/Benefits Study. There was general discussion regarding workforce ratio, turnover rate, succession plan, compensation and benefits. Council requested a comparison of the City of Colleyville compensation plan with those of peer cities. VI. Discussion of Colleyville Vision Statement and 2006 Work Initiatives City Manager Bill Lindley presented the Colleyville Vision Statement and the 2006 Work Initiatives. CITY COUNCIL WORKSESSION JUNE16-17,2005 Council identified the following 2006 Work Initiatives: a. Make Colleyville more prosperous through economic development efforts b. Ensure fiscal integrity and stewardship of the City's financial planning c. Enhance the maintenance and reconstruction of the City roads and streets d. Effectively utilize and promote Colleyville's employee and volunteer resou rces e. Expand community relations of the Mayor and City Council with citizens and boards, commissions and committees f. Develop, expand and promote leisure activity opportunities for citizens VII. Discussion of 2006 Budget Priorities Council requested a list of the proposed capital items for purchase prior to the end of 2005. There was general discussion regarding capital items and funding sources. Council determined that budget priorities include streets, public safety and parks. VIII. Adjournment There being no further business before the City Council, Mayor Kelly adjourned the meeting at 5:52 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 COLLEYVILLE CITY COUNCIL AND PARKS AND RECREATION ADVISORY BOARD JOINT WORKSESSION JUNE 6, 2005 The Joint Worksession of the Colleyville City Council and Parks and Recreation Advisory Board was called to order by Mayor David Kelly on June 6,2005, at 6:35 p.m. ROLL CALL: Councilpersons Tom Hart, George Boll, Tony Licata and Mayor David Kelly were present. Parks and Recreation Advisory Board members Bob Leininger, Connie Hampton, Gil Turner, Vince Rosen, Peter Riis, Jerry Birkes, Pat Horn and Steve Dalri were present. City Manager Bill Lindley, Assistant City Manager Paul Frederiksen, Parks and Recreation Director Monica Walsh, Recreation Supervisor Craig Dishman and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers and Councilman Rich Hendler were absent. Other attendees included: Nancy Coplen, Grapevine-Colleyville Independent School District Liaison to the Parks and Recreation Advisory Board; Bob Bofinger, Colleyville Soccer Association; John Cheneler and Perry Hopper, Colleyville Youth Football Association; Pete Thomas, Northeast Youth Basketball Association; Steve Breunig and Mark Bauer, Colleyville Girl's Softball Association and Lynda Duvall and Chris Caffey, Colleyville Baseball Association II. Parks and Recreation Advisory Board Parks and Recreation Advisory Board Chairman Bob Leininger stated that the City Council, Parks and Recreation Advisory Board and Youth Athletic Organization representatives meet annually for an update of the youth athletic organizations' structure and needs. JOINT CITY COUNCIL AND PARKS AND RECREATION ADVISORY BOARD JUNE 6, 2005 III. City of Colleyville Comprehensive Parks, Recreation and Open Space Masterplan, Parks Projects and Updates Parks and Recreation Director Monica Walsh provided an overview of the Comprehensive Parks, Recreation and Open Space Master Plan. IV. Youth Sports Associations' Overview Youth Sports Association representatives provided a history and current status of the sports program related to the needs, number of participants, fee structure, recruiting efforts, practice and game field use and needs. V. General Discussion There was general discussion regarding the needs of the youth sports associations, joint marketing and recruiting opportunities, the structure and recruitment for select teams and the percentage of Colleyville versus non Colleyville players on select teams. VI. Adjournment There being no further business before the City Council, the meeting was adjourned at 8:35 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 CITY COUNCIL ca0$ AGENDA BRIEFING t("...."s MEETING DATE: 07/12/05 ITEM #: 4d RESOLUTION #: R-05-2567 CITY MANAGER I I DEPARTMENT HEAD i ! FINANCE REVIEW i Previous Action: None DEPARTMENT: POLICE SUBJECT: Approval of the donation of $1,000, by Bob and Mary Ward, to the Colleyville Police Department Fund - by Consent Reading and Public Hearing Bob and Mary Ward, residents of Colleyville, have made a cash donation of $1,000 to the Colleyville Police Department Fund. The monies will be used for D.A.R.E. (public school drug prevention) educational materials and Community Relations/Crime Prevention materials. Financiallmoact Donation value - $1,000 Recommendation Approval Attachment . City of Colleyville Donation Policy · Donation Form CITY OF COLLEVILLE DONATION POLICY The City of Colleyville encourages donations to the City in support of its programs, services, collections and facilities, for the enhancement of Colleyville. The purpose of this donation policy is to provide a consistent and uniform policy for donation to the City of Colleyville; and to provide the donor knowledge of the policies under which the donation is given and accepted. All boards, commissions, committees, and City Council shall comply with this policy. All departments and employees of the City of Colleyville remain subject to the City of Colleyvifle Personnel Policy and Procedures Manual, however employees and departments shall comply with these policies. In the event additional policies of the Colleyville Center, the Library, the Parks Department, or any other City of Colleyville entity conflict with this City of Colleyville Donation Policy, this policy shall take precedent and supersede the policies of those entities. Donations from the Friends of the Library and the Library Foundation are exempt from this policy. The Librarian will report donations to the City Council. All donations shall be made to the City of Colleyville by use of the uniform City of Colleyville Donation and Transfer of Title form. Specifications including plans, drawings, photographs, or details pertinent to the donated item, including anticipated annual operating cost, shall be attached as a part of the form. All spaces on the form shall be completed or noted if not applicable. Any special stipulations, including location and use of a donation, shall be established in the Stipulation section of the Transfer of Title form. If no such stipulation is recorded on the form or the addendum as a part of that section, the City shall have the right to use the donation as determined by the City, free of encumbrances. The City reserves the right to refuse a donation. The donor reserves the right to withdraw the donation before formal acceptance by City Council. In a multi-item donation, items may be accepted on an item-by-item basis. Items donated for exhibit will be subject to a rotation of exhibit time in order to provide a variety of exhibits, and to protect items adversely affected by exhibition. The City shall have the right to determine times of exhibit. Proper preservation and care of donated item(s) shall be defined under Stipulations if necessary. The City of Colleyville shall not place a monetary value on a donated item; nor shall the City issue a receipt or record a monetary value that has been determined by the donor. Subsequent City insurance/accounting valuations necessary to meet standard city procedures are separate and apart from the donation process. CITY OF COLLEYVILLE DONATION POLICY When both the signature of the Donor and of the Mayor, representing the City Council's approval, complete the Donation and Transfer of Title document, the donation becomes the property of the City of Colleyville. A copy of the completed Donation and Transfer of Title form shall be given to the Donor as the donor's record of donation. Donations of funds are welcome. The City shall expend those funds on materials, equipment or projects acceptable to the donor if requested. Donated funds shall be deposited in donation fund accounts when defined, and shall not be intermingled with the General Fund or donation fund accounts of other departments, boards or committees. Funds and services-in-kind provided to City of Colleyville sponsored events Celebrate Colleyville and Colleyville Proud Clean Sweep shall comply with this policy in the form of a final report. Funds below $1,000 will be excluded from these policies. Loans of items shall not be accepted by the City of Colleyville. Exceptions for special items or events shall be evaluated by the City Council, and require approval by the City Council. CITY OF COLLEYVILLE DONATION AND TRANSFER OF TITLE '/We Bob and Mary Ward hereby give, assign, transfer, and set over to the City of CbIJeyville all of my rights, title, and interest in the materials described below: a check payable to the Colleyville Police Fund Funds $1000 Stipulations (if any) To be used to purchase eauipment needed bv the Colleyville Police Department Specifications/Plans/Photos/Annual cost to city: Attached None XX I have read and understand the Donation Policy of the City of Colleyville, and accept the provisions that policy. Signature of Donor(s) Date !o -/tJ.. Or;- Date 6. /t?, O-S- Address of Donor: 4001 BucK City Colleyville Phone Numbers: Home RECEIVED by /" Police Department By 5#'~ ~ .f~ State Texas ZIP 76034 Office or Board Date ./'/""(1'" Council Approval Date Resolution/Ordinance Number ACCEPTED for and in behalf of the City of Colleyville By Date Mayor, City of Colleyville Accession Number CITY COUNCIL ca~C1l AGENDA BRIEFING 11"X<'lS. MEETING DATE: 07/12/05 CITY MANAGER I ITEM # : 4e DEPARTMENT HEAD i RESOLUTION # : R-05-2567 FINANCE REVIEW Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT : Approval to authorize the City Attorney to trademark the Celebrate Colleyville name and logo, and adopt a use policy as recommended by the Celebrate Colleyville Steering Committee ReadinQ and Public HearinQ During the June 21,2005 Pre-Council meeting, City Council instructed that all committees and boards must forward their recommendations on the trademark of specific logos and use policies to City Council for approval. Celebrate Colleyville at their last meeting on Wednesday, June 29, 2005 made a recommendation to forward to City Council consideration and approval to authorize the City Attorney to submit an application to trademark the Celebrate Colleyville name and logo, and to approve a policy on its usage to be administered by the Celebrate Colleyville Committee, a duly authorized committee of the City of Colleyville. Financial Impact $ 300.00 to file applications with the State of Texas, Secretary of State's Office ($50.00 per application plus preparation time) Recommendation Approval Attachments . Celebrate Colleyville Policy on Trademark Use . Trademark Application for Celebrate Colleyville Logo and Name . Logo and text name for Celebrate Colleyville Celebrate Colleyville Policy on Trademark Use The City of Colleyville is the legal holder of both a registered copyright and a common law trademark for the name "Celebrate Colleyville", including but not limited to any logo incorporating such name. Except as otherwise provided by this Policy, "Celebrate Colleyville" may not be used without the express written consent of the City of Colleyville. The City of Colleyville may, at its sole discretion, authorize the use of "Celebrate Colleyville". In addition, the following parties may use "Celebrate Colleyville" in conjunction with the annual Celebrate Colleyville event: 1. Sanctioned sponsors of the Celebrate Colleyville event. 2. Sanctioned venues of the Celebrate Colleyville event. The Celebrate Colleyville Steering Committee shall have final approval authority for any other use of "Celebrate Co II eyvill e" . This Policy has been approved by the Celebrate Colleyville Steering Committee on June 29, 2005, and by the City of Colleyville City Council on July 2005. Chairperson Celebrate Colleyville Steering Committee David Kelly Mayor Attest: Approved as to form and legality: Cynthia Singleton City Secretary Matthew C. G. Boyle City Attorney TRADEMARKS GENERAL INFORMATION TRADEMARKS and SERVICE MARKS are commonly referred to as brand names, logos or slogans. Trademarks are used to identify tangible goods. Service marks are used to identify services. The term "mark" is used to refer to both trademarks and service marks. A mark generally does not include "trade names," which are terms used only to identify a business organization, rather than to distinguish the goods or services provided by the business. A company name may be viewed to be merely a trade name, instead of a trademark or service mark, if it is advertised in such a way that it attracts little attention, if it is used in close proximity to an address or phone number, or if it is dominated by the presence of another, indisputable trademark. A trade name, however, may be registered as a trademark if it is shown to function as a trademark. The registration of the trademark or service mark with the Office of the Secretary of State creates a statewide priority of rights in the mark against any other person who subsequently adopts the same or a confusingly similar mark. Registration also provides "constructive notice" to all persons in the state of Texas of the priority of the registered mark and provides the owner with certain procedural advantages when the owner seeks judicial relief for infringement. For these reasons, it is beneficial for an owner of a mark who does business in Texas to register a trademark or service mark with the secretary of state. Since identical or confusingly similar marks may not be registered by more than one person, a person planning to use or register a mark should take steps to determine whether others have priority of rights to that mark. One important step is checking the active trademark and service mark registrations on file with the Secretary of State prior to submitting the trademark application. An application for trademark registration undergoes an examination process similar to the federal trademark registration process. A "Trademark Examiner" (either a Trademark Attoruey or Trademark Legal Assistant) reviews the application to ascertain whether the mark proposed for registration is registrable under Chapter 16, Business & Commerce Code [Section 16.08] including whether the mark performs the identifying functions of a trademark or service mark. In addition, the Examiner compares the proposed mark with similar marks previously registered in Texas to determine whether the applicant's mark will cause a likelihood of confusion for consumers with any state registered mark. Texas law, federal statutory law (upon which the Texas trademark statute is based), federal case law, and examining procedures similar to those used by the United States Patent and Trademark Office are used by the secretary of state to conduct the examinations of trademark applications. If the examiner determines that the application does not meet the standards for registration, a written office action specifying the reasons for denial of registration will be sent to the applicant or the applicant's agent. The applicant is given sixty (60) days within which to amend the application, to provide the information requested, or to respond to the denial. Failure to respond within the time specified will terminate the examination process and will result in abandonment of the application. Upon receipt of the applicant's response, the examiner will re-examine the application. The examination procedures described may be repeated until the application is registered, finally denied, or abandoned by the applicant. Instructions Page 2 The Trademark Examiners cannot provide legal advice to potential or actual applicants with regard to trademark law applicable to a particular circumstance. Because trademark law is quite complex, the secretary of state recommends that persons seeking to register a mark consult with a private attorney. REQUIRMENTS FOR REGISTRATION Mark Must Be In Use: Registration of trademarks and service marks in Texas is based on actual use of the mark in Texas commerce. For example, before an application can be submitted to the Office of the Secretary of State, the trademark must be used on a product, or the service mark must be used in association with the services rendered (during advertising or sale), and the goods must be sold or distributed in Texas or the services must be rendered in this state. A proposed mark may not be "reserved" prior to its actual use in Texas commerce or before the submission of a properly completed and filed application. If an application is submitted prior to actual use, the secretary of state will consider it void, registration will be refused, and the processing fee submitted with the application will not be refunded. Mark Must Be Distinctive: Only distinctive words, names, symbols, devices, or logos are entitled to registration. A designation that is primarily a surname, or that is commonly used in describing the product or service, or that directly describes the qualities or characteristics of a product or service is not distinctive on first use and not entitled to registration. For example, the terms "Food & Beverage On-Line" would not be entitled to registration when used in association with "a news and information service for the food processing industry contained in a database" since such terms would be merely descriptive of such a service. However, sometimes a designation that is not inherently distinctive may acquire distinctiveness through at least five (5) years of continuous and substantially exclusive use. INSTRUCTIONS FOR APPLICATION (Form 901) Number 1: The applicant should be the person who owns the trademark or service mark and controls the use of the mark and the quality of the goods/services. If the applicant is an individual sole proprietor doing business under an assumed name ["d/b/a"], then provide the individual's name, followed by the assumed name of the business. If the applicant is an organized entity, such as a corporation, limited liability company, or limited partnership, then provide the legal name of the organized entity as shown in its formation document (e.g., ABC Business Company, Inc.) Number 2: Provide the mailing address of the applicant. Please note however that during the examination/review process, the Secretary of State will send any correspondence regarding the application to the submitter address provided in the cover letter, envelope, or enclosed check. Number 3: If the applicant is a corporation, limited partnership, limited liability company or other business entity, please identify the type of business organization and the state of incorporation or organization. If applicant is an individual, you may identify the organizational form as "sole owner/proprietor" and identify the state/country of residence. Out-of-state applicants seeking a trademark or service mark registration should also submit Instructions Page 3 invoices or other material demonstrating the sale of goods or the rendition of services in Texas commerce. Number 4: You can only seek to register one mark per application submitted. For example, if the mark includes both words and a logo/design element (a "composite mark"), and the applicant also uses the same words without or apart from the design element, an applicant seeking to register both versions of the mark would need to make two separate applications. A single application may not be used to seek registration of (1) different variations of a term or term; (2) terms appearing either "with or without" an accompanying design logo, or (3) more than one logo/design format. In addition, the applicant should describe the mark exactly as it appears in the specimen and drawing sheet accompanying the application so that there is no doubt what the applicant seeks to register. Finally, the description in number 4, the drawing o/the mark, and the samples o/use provided should be consistent. Number 5: Describe clearly and concisely the goods or the services currently sold or provided by the applicant. Limit the description of goods or services to those goods or services that are classified under the same class heading. [See instructions for number 7.] Number 6: The applicant should state the ways in which the mark is used, and/or the medium by which it is communicated to the consuming public. For example: tags or labels attached to the goods; or newspapers, brochures or signs advertising the services. Specimens supportin2 use for the classification sou2ht and consistent with the methods noted in the application must be submitted with the application. Appropriate Specimens Trademark applications: Submit specimens of use such as actual labels or tags affixed to, or containers used with, the goods. A photograph of an actual display that appears in immediate proximity to the goods ("point-of-sale" display) is also an acceptable specimen. Brochures that advertise the product are not sufficient. Service mark applications: Submit actual materials used in selling or advertising the services, such as menus, newspaper advertisements, coupons and the like. Advertising samples submitted (including letterhead or business cards) must contain some understandable reference to the services described in the application. Number 7: State the class in which the applicant believes the goods or services belong. Texas does not permit multiple class applications. Do not list more than one class. If a mark is used in multiple classes, a separate and complete application is required for each class. Inclusion of more than one class in an application will result in an office action denying registration and requesting amendment of the application. Many of the classification headings are broad in nature, and are generally not sufficient as a description of goods/services in item number 5 of the application. If you are unsure of the appropriate classification for your goods/services, you may leave this item blank or contact our office for assistance in classification. The classification system is set forth below: Instructions page 4 Goods Class 1: Chemicals Class 2: Paints Class 3: Cosmetics & Cleaning Preparations Class 4. Lubricants & Fuels Class 5: Pharmaceuticals Class 6: Metal Goods Class 7: Machinery Class 8: Hand Tools Class 9: Electrical & Scientific Apparatus Class 10: Medical Apparatus Class 11: Environmental Control Apparatus Class 12: Vehicles Class 13: Firearms Class 14: Jewelry Class 15: Musical Instruments Class 16: Paper Goods & Printed Matter Class 17: Rubber Goods Class 18: Leather Goods Class 19: Non-metallic Building Materials Class 20: Furniture and articles not otherwise classified Class 21: Housewares & Glass Class 22: Cordage & Fibers Class 23: Yarns & Threads Class 24: Fabrics Class 25: Clothing Class 26: Fancy Goods (e.g., buttons, ribbons) Class 27: Floor Coverings Class 28: Toys & Sporting Goods Class 29: Meats & Processed Foods Class 30: Staple Foods (e.g., coffee, sugar) Class 31: Natural Agricultural Products Class 32: Light Beverages Class 33: Wine & Spirits Class 34: Smokers' Articles Services Class 35: Advertising & Business Class 36: Insurance & Financial Class 37: Building Construction & Repair Class 38: Telecommunications Class 39: Transportation & Storage Class 40: Treatment of Materials Class 41: Education & Entertainment Class 42: Computer, scientific and legal Class 43: Hotels and restaurants Class 44: Medical, beauty and agricultural Class 45: Personal Number 8: The applicant should note accurately the date on which the mark was first publicly used to identify the goods or services being marketed. BOTH dates of first use "Anywhere" and in "Texas" MUST be indicated on the application. (If the date of first use was in Texas, both dates will be the same). The month, day and year should be noted for each date of first use, e.g., "November 10, 1983." It is insufficient to simply note the month and the year, if the application is submitted within the same month. Execution and Delivery Instructions Completed Application: The application must be typewritten or clearly printed in black ink. Enclose two (2) copies of the application and drawinl! of the mark and two (2) specimens of use (examples of use listed in item 6). Sil!nature: The applicant must sign and date the application. The applicant's attorney of record may sign the application only with express authorization pursuant to a power of attorney; however, a copy of the power of attorney is not required to be part of the application. In addition, the application should not be executed before the first date of use of the mark. Prior to sil!ninl!. please review carefully the statements set forth in the application. A person commits an offense under Section 16.31. Business & Commerce Code. if the person sil!ns a document that is forl!ed or that the person knows is false in any material respect with the intent Instructions page 5 that the document be delivered to the secretary of state for filin2. The offense is a Class A misdemeanor. In addition. an application or re2istration procured bv fraud is subiect to cancellation pursuant to Sections 16.16 and 16.28. Business & Commerce Code. Fee: The application processing fee of $50.00 may be paid by personal check, money order, cashier's check, or by credit card. Fees paid by credit card are subject to a statutorily authorized convenience fee of 2.1 % of the total fees. Checks should be made payable to the secretary of state. The processin2 fee is not refundable re2ardless of whether the application is subsequently re2istered. denied or abandoned. Delivery: Documents should be mailed to the address shown in the heading of this form. The delivery address is James Earl Rudder Office Building, 1019 Brazos, Austin, Texas 7870l. Responses to office actions may be faxed or mailed. The fax number is (512) 463-5709. Examination Process Not all applications submitted to the Secretary of State are approved for registration. If an application is rejected, we will notify the submitter of the objections to registration. If the application for registration is approved, then we will return a file stamped copy of the application for registration and attach a certificate of registration. (See General Information section for further information on the examination process.) During the course of the examination process, the Secretary of State may require the applicant to disclaim an unregistrable component of a mark that is otherwise registrable. An applicant cannot however disclaim all elements of the mark. A disclaimer is a statement that the applicant does not claim the exclusive right to use a specified element or elements of the mark. Generally, elements that are descriptive or generic of the goods/services would be disclaimed (e.g., an outline of the state, a geographic term of origin, or words that are commonly used to describe the services/goods). A disclaimer may be included in an application or may be added by amendment, e.g., to comply with a requirement by the examining attorney. The purpose of a disclaimer is to permit the registration of a mark that is registrable as a whole but contains matter that would not be registrable standing alone. As used in trademark registrations, a disclaimer of a descriptive component of a composite mark amounts merely to a statement that, in so far as the particular registration is concerned, no rights are being asserted in the disclaimed component standing alone, but rights are asserted in the composite; and that the particular registration represents only such rights as flow from the use of the composite mark. Application Check-List: D Two copies of the application, including drawing sheet. D Two appropriate specimens of use. D Application processing fee of $50.00. Form No. 901 Revised 04/03 Office of the Secretary of State Corporations Section P.O. Box 13697 Austin, Texas 78711-3697 APPLICATION FOR REGISTRATION OF TRADEMARK OR SERVICE MARK The undersigned applicant has adopted and used, and is now using, a certain trademark or service mark in Texas and hereby makes application for registration of such mark, in accordance with Chapter 16 ofthe Texas Business & Commerce Code. 1. Applicant: the City of Colleyville, Texas 2. Address: 100 Main Street City: Colleyville State: Texas Zip: 76034 3. Applicant is incorporated or organized as a home-rule municipal corporation and is incorporated or organized under the laws of the State of Texas 4. Describe the mark (words and/or design) SHOWN ON THE ATTACHED DRAWING SHEET: The mark is the logo for a City of Colleyville special event, which includes graphics and text. 5. Description of goods or services in connection with which the mark is being used: (BE SPECIFIC) Celebrate Colleyville is an annual special event for the Colleyville community. 6. The manner in which the mark is being used (labels, tags on the goods, etc; OR brochures, newspapers advertising the services, etc.): (A SAMPLE IS ATTACHED) The mark is used in a wide variety of manners, including but not limited to the City's website, stationery, and other miscellaneous goods. 7. Number and title of the class of goods or services: 35- Business (Do not list more than one class. See instruction 7.) 8. Date mark first used by applicant (BOTH A & B MUST BE COMPLETED): (a) Anywhere: December 1999. (b) In Texas: December 1999. 9. Applicant hereby appoints the Secretary of State of Texas as its agent for service of process only in suits relating to the registration which may be issued if the applicant is or becomes a nonresident individual, partnership or association or foreign corporation, limited partnership, or limited liability company without a certificate of authority to do business in this state or cannot be found in this state. 10. Applicant is the owner ofthe mark and, to the best of the applicant's knowledge, no other person is entitled to use the mark in this state in the identical form used by applicant, or in a form that is likely, when used in connection with the goods or services, to cause confusion or mistake, or to deceive, because of its resemblance to the mark used by the applicant. 11. X A drawing ofthe mark is enclosed. 12. X Two examples of advertising are enclosed (if mark is used in connection with services). OR o Two actual tags, labels, or actual product packaging are enclosed (if mark is used in connection with a distributed product). Executed on this day of , 2005 . Matthew C. G. Boyle, City Attorney City of Colleyville, Texas TRADEMARK DRAWING SHEET Drawin2 Instructions: The applicant also must submit with the application a "drawing sheet" that shows the mark exactly as it appears in the specimen accompanying the application and exactly as it is described in paragraph 4 of the application. If the mark includes a design, a drawing of the entire proposed mark (in clean, uniform black lines) must be attached to the application. If the mark described in the application consists only of a word, letter or numeral, or any combination thereof, and if the mark is not depicted in a special form, the mark may be typed in capital letters on the drawing sheet. The Office of the Secretary of State does not discriminate on the basis of race, color, national origin, sex, religion, age or disability in employment Dr the provision o/services. ~,.." .. . . . . .. . . . . .' V' - . " .'~' J'<",;", ,,' ,,: .:-.... ' *' .,. '. ,:.,~\ 'po .., ,', .' ' "',\, ,,/ "e..I.e'. b' :'.r..'pa'...t:'.'.e......... " " .~. . . . . -'. -',.., '., ,-. '. . . '-, . , '. . ." .. . . ',' ',- ..... " :.. . ."' .: .-' :: ", . .: :: -', - ,. . . .... - ",.' '," ." .-.. . . . . '. . \','. .C......' ....'....1.. .....'....1'.. ,.';.',p:\\ ,"....u.i~': ' .~Y':;,.......;tl: '...I.;~ -, . _,' '-I. . .~. . ~,.; ,,'. "" . , . . . , . . . ". -,,, . .. . . . .... . -. . . , ., ....... Celebrate Colleyville CITY COUNCIL ca~", AGENDA BRIEFING IL~;>;,,$ MEETING DATE: 07/12/05 ITEM # : 5 ORDINANCE #: I 0-05-1531 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW i N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a Special Use Permit for a covered carport on Lot 4, Block 1, Community Home Addition, located at 1508 Cherry Lane, Case Z-05- 018 First Reading and Public Hearing Mr. Jesse Cobb, the owner of a single-family residence located at 1508 Cherry Lane, has submitted a request for a Special Use Permit for an existing attached carport on the property. The applicant constructed the carport without a permit and is requesting approval of a Special Use Permit to allow the carport to remain in place. However, the carport deviates from several development regulations stated within the Land Development Code, as discussed in this agenda briefing. To comply with the carport regulations, the owner would be required to dismantle and reconstruct the existing carport. The property owner has applied for a Special Use Permit to permit the carport as constructed. The property is currently used for single family residential purposes. The property contains an existing house and the carport. The property is located within a R40 Single-family residential zoning district. This is a 0.92-acre parcel of platted property located at 1508 Cherry Lane. The properties surrounding on all sides consist of R-20 Single-family residential zoning designations. The size of the carport exceeds the maximum size regulations. The Land Development Code permits carports up to 480 square feet. The existing carport is approximately 600 square feet, which exceeds the maximum size requirement by 120 square feet. Similarly, the Land Development Code regulates the length of carport material dimensions. The longest dimension allowed for a carport is 24 feet. The longest dimension of the existing carport is 30 feet, exceeding the regulation by six (6) feet. The Land Development Code requires that carports be considered on a case-by-case basis, and must be approved by a Special Use Permit. A comparison of the regulations and the proposed carport is shown below, The items indicated with bold, italicized characters do not conform to the carport regulations. Agenda Briefing Ordinance 0-05-1531 Page 2 of 3 Carport Zoning Comparison Category Zoning Requirement Applicant Proposal 1. Maximum Size 480 square feet 600 square feet 2, Longest Dimension Allowed 24 feet 30 feet 3. Maximum Height 15 ft. to highest point of roof 8 feet 3 inches 4. Side Setback 1 5 feet 9 feet 5, Maximum Number per Lot 1 1 6. Paved Parking Surface Concrete, asphalt or pavestone Concrete 7. Roof Pitch 2: 12 minimum Less than 2:12 8. Construction of Posts brick, stone or decorative metal 4 inch steel supports between 12" and 48" in width The existing carport encroaches upon the side yard setback required by the zoning district. The Land Development Code states that carports located within ten (10) feet of the principal building shall comply with the front, side and rear yard setbacks of the zoning district. The R40 zoning district requires a 15 foot side yard setback. The existing carport encroaches approximately six (6) feet into the 15 foot side yard setback. The post supports do not meet the minimum size standards required by the regulations. The Land Development Code states the dimension of each post as viewed from each primary elevation shall not be less than twelve (12) inches. The posts of the existing carport are four (4) inches. The Land Development Code requires a pitched roof of at least 2:12. The existing carport does not meet this requirement. Staff mailed notices to 11 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. Summary and Conclusion Though the carport constructed by the applicant deviates from the development standards put forth by the Land Development Code, the carport is aesthetically similar to existing carports in the neighborhood and along adjacent streets. Since the request is a Special Use Permit, the City Council may establish conditions different than or in addition to the normal requirements of the Land Development Code, The Planning and Zoning Commission considered this request at the June 27, 2005 meeting and recommended approval of the request as submitted by the applicant by a vote of 4-1. No additional construction standards or conditions were recommended by the Planning and Zoning Commission. Agenda Briefing Ordinance 0-05-1531 Page 3 of 3 Recommendation Denial, due to technical non-compliance with the Land Development Code. Attachments · Location and Zoning Map . Information and Drawings from Applicant · Ordinance 0-05-1531 I. R-20 lAG R-20 GLADE R-40 \ Location and Zoning Map I I .-t SITE I R-40 R-40 ~ ..........., D NORTH R-20 ",r ~R40 r-- I Information and Drawings from Applicant P:~'t;t:, t:..ill ~... to_ "".. ., "" 1'_, N 8....,.. 30' 00" l::.. --. Ul!roO',.,'SI01l-\ Oft.Y 14'2,';;.0' r_ (:Yo 1 ,!a ~ .-"lr--- L...", ... o o c' to C'J o o tJ (l C" ~~ t uJ . o o o u .,( /"'"' M.."" I . [ ,:..:1 .~.~~-".. en".,DQ" ltJ,'" ~.,j Qi,,", #1 U 11'1 o o o \fl \) o 1 "1'-." tl .. . t~f';te C'""~fl'''' L....J._ ~ j .. rJ . . t;rhu(; . ~ ~ .. 111~1"" L.,.'f S ... "'Ir e~l=<:.R.-T A 'oJ E.N U E.- G:. 0' fl,O W ORDINANCE 0-05-1531 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CARPORT ON LOT 4, BLOCK 1, COMMUNITY HOME ADDITION; PROVIDING A PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Jesse Cobb on May 27,2005, under Case No. Z-05-018; 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 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; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 2. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 4, Block 1, Community Home Addition, (1508 Cherry Lane), by authorizing a Special Use Permit for a Carport, as shown on the Elevation Plan (Exhibit "B") and the Site Plan (Exhibit "C". Sec. 1. Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof Ordinance 0-05-1531 Page 2 of 2 Sec. 6. shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT except as amended by this ordinance, the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. Sec. 4. Sec. 5. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of The second reading and public hearing being conducted on the 2005. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney EXHIBIT A - ZONING MAP EXHIBIT B - ELEVATION PLAN *" -"~r" :f:4l~ " =h>..... ""~.-f4 EXHIBIT C - SITE PLAN ~~___""'T ~>'H"(".J\ -<, s.,,",~ .,Oll: y f"",--u:,:, t" 4 i:,~""'1" ':'4;,,' u L4> -1 tA. -~ ~ 0;:. f>',,(''w.,. '.~,*,-l'1:<r;><@t.- -. Site of Carport IH":" f\.'f "'l E .,,4 l1 ~ {.:r.10~ -'",,"--4 v o (,4 lil V' ul o *1:1 u P J! ",~ f...- /lc,; .1.:; L ~ II it t,..e," S CITY COUNCIL CC~~~!il'" AGENDA BRIEFING Tl~X~$ MEETING DATE: 07/12/05 ITEM # : 6 ORDINANCE #: I 0-05-1532 CITY MANAGER : DEPARTMENT HEAD ! FINANCE REVIEW I Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of an Amendment to Chapter 3, Section 3.24 of the Land Development Code, regarding Planned Unit Development side and rear yard set- back regulations, Case Z-05-017 First Reading and Public Hearing Until approximately 1999, ordinances establishing planned unit development zoning relied on the regulations contained in Section 3.24.G-Schedule of District Regulations, which is a table contained in the Land Development Code that specifies the minimum lot area, maximum height and minimum front, side and rear set-back requirements for all zoning districts, including planned unit developments. Planned unit development ordinances approved within the past several years, now contain specific front, side and rear yard set-back distances, which has allowed the City Council and the developer to address the unique characteristics that each development site offers. Ordinances establishing planned unit developments that contain specific front, side and rear yard set-back requirements are much easier for staff to administer, due to the elimination of the additional step of referring to the confusing and conflicting tables and footnotes contained in old Colleyville zoning codes, that had to be incorporated into the Land Development Code when it was adopted in April 2000. Planned unit development ordinances approved prior to 1999 did not contain any specifications for front, side and rear yard set-backs. When subdivision plats and building permit applications were submitted in years past, for subdivisions zoned as planned unit developments (PUD-R), staff relied upon the table referenced as Section 3.24.G and the related footnotes contained in Section 3.24.F to determine compliance with minimum front, side and rear yard set-back requirements for planned unit developments. Attached is a copy of Section 3.24.G and Section 3.24.F, which is taken from the Land Development Code. The specific language that has generated considerable concern, and often times confusion among staff-members performing building permit plan reviews, are the regulations contained in footnotes "G/H" and "J/K", which establish side and rear yard set-backs in residential, commercial and industrial planned unit developments. Footnote "G" requires no side yard set- back in a residential planned unit development when there are no window or door openings which face the side yard. Footnote "J" is similar for rear yard set-backs in that no rear yard is required in a residential planned unit development when there are no window or door openings which face the rear yard. This regulation would allow an addition to a home that meets the aforementioned requirements to be constructed adjacent to a side or rear property line. Agenda Briefing Ordinance 0-05-1532 Page 2 of 2 Staff became aware of the problem code language during a recent rear yard variance request that was considered by the Zoning Board of Adjustment on May 10, 2005. It was while the case was under discussion by the Board that it was determined that the property being considered for a rear yard set-back variance could, under the current code, build right up to the property line, provided that the structure being constructed did not contain any window or door openings. The property in question before the Board did not have a utility easement across the back of the yard, as is the case in most residential properties, which explains why these types of situations have not surfaced in the past. The members of the Zoning Board of Adjustment offered comment to staff to consider amending the Land Development Code to prevent this situation from occurring in the future. Attached is a proposed ordinance, which will amend Section 3.24.G - Schedule of District Regulations regarding the footnotes for planned unit developments. The attached ordinance will also amend Section 3.24.F, paragraphs G, H, J and K regarding the side and rear yard set- back requirements for planned unit developments. The Planning and Zoning Commission considered the proposed amendment to the Land Development Code at the June 13, 2005 meeting and recommended approval by a unanimous vote. Recommendation Approval Attachments · Section 3.24.F - District Regulation Notes (Paragraphs G, H, J and K) · Section 3.24.G - Schedule of District Regulations · Ordinance 0-05-1532 '~_.~.__ ___ _ ,____~__~"".,,'M __,,__,- _.,____._,,__" 3.24.F District Regulation Notes (Paragraphs G, H, J and K (Strikethrough text to be deleted and bold-italics to be inserted) G. ~Je SiSB yars re€1l:;1ira8 '::Rare FIe VJiFl8e'J:s or etRer e~eFliR~s for Ii~Rt or eJFltry f.BGe tR@ sise YGlrs. There shall be a ten foot (10? side yard set-back, unless an ordinance approving a planned unit development for the property in question specifies a different side yard set-back; however, where abutting a lot zoned for commercial or industrial use, no side yard shall be required, provided there are no window or other openings for light or entry in the encroaching walls facing the side yard. H. '.!Vh@fa ClBl:;lttiFl~ a let zeFles er I:;ISe8 fer siFl~la family ~l:;Ir~eses (RE tRml:;l~A R1 ~) GommefGial er iFl81:;1strial ~I:;IF~eSeS tRefe There shall be a ten (10') foot side yard set- back, unless an ordinance approving a planned unit development for the property in question specifies a different side yard set-back,. J. r>Je fear yaF9 m€1l:;1im8 'NAefe rlS ':JiFlse':Js er etRer e~eFliFl~s fer Ii~Rt or eFltry f.BGa tR8 rear yar8. There shall be a minimum twenty-five (25) foot rear yard set-back, unless an ordinance approving a planned unit development for the property in question specifies a different rear yard set-back; however, the rear yard set- back may be reduced to ten feet (10?, provided there are no window or other openings for light or entry in the encroaching walls facing the rear yard. K. Where abutting a lot zoned or used for siFl~le f.Bmily residential purposes ~ tRml:;l~R R1e) GemmefGial er iFlSI:;IStfiGlI ~l:;Ir~eses there shall be a minimum twenty- five (25') foot rear yard set-back, unless an ordinance approving a planned unit development for the property in question specifies a different rear yard set- back, however, the rear yard set-back may be reduced to ten feet (101 where abutting a lot zoned or used for non-residential purposes. 3t J ~ ~ ~ ~ ~ ~ ~ ~ it. ~ ~ it. ~ I ~ I it. ~ ~ i~ It) i Ii! 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D.. ~ ~ ~ ~ ~ ~ ~ ~ ~ :r:. g z <3 9 g i ~ ~ ~ :E (J (J i :Ie" I!i: -z atH tJ) I! 3 Z .....1 O 0(1) ~Ui ~ > Cl ...I :I ~ .S ::) i ~I C) -(I) I ~ ~~ \1 t ; ~ ii2 16z to- &U Ui ~ tJ) D:Cl~~ ~ Ii ~ ~ ~ !~ti Q 9:15 W ::t :c .e ::c -.0) }A i~~1 ~ hi c-) z! ~ ~I I o Is I W l!:lD ~ U) fB!l D::I ;1 ; . a I.~ .~ .r l~ .- ~ ~& ; :I I ; I~ ~ ... ~s j; '0 ~ J'"' i t Ij I .fl u. f~ ) ~ & t i I Hi I ORDINANCE 0-05-1532 AN ORDINANCE OF THE CITY OF cOLLEYVILLE, TEXAS, AMENDING SECTION 3.24.F, PARAGRAPHS G AND J, OF THE LAND DEVELOPMENT CODE, REGARDING SIDE AND REAR YARD SET-BACK REQUIREMENTS IN PLANNED UNIT DEVELOPMENTS, PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00); AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning regulation; and WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding Planned Unit Development regulations; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the zoning regulations to the City Council; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning regulations, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the persons interested, the governing body of the City of Colleyville is of the opinion that said change in zoning regulation should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF cOLLEYVILLE, TEXAS: Sec. 1. THAT Section 3.24.F - District Regulation Notes; Paragraph G, of the Land Development Code, is hereby amended to read as shown: Ordinance 0-05-1532 Page 2 of 3 G. There shall be a ten foot (10') side yard set-back, unless an ordinance approving a planned unit development for the property in question specifies a different side yard set-back; however, where abutting a lot zoned for commercial or industrial use, no side yard shall be required, provided there are no window or other openings for light or entry in the encroaching walls facing the side yard. Sec. 2. THAT Section 3.24.F - District Regulation Notes; Paragraph H, of the Land Development Code, is hereby amended to read as shown: H. There shall be a ten (10') foot side yard set-back, unless an ordinance approving a planned unit development for the property in question specifies a different side yard set-back. Sec. 3. THAT Section 3.24.F - District Regulation Notes; Paragraph J, of the Land Development Code, is hereby amended to read as shown: J. There shall be a minimum twenty-five (25) foot rear yard set-back, unless an ordinance approving a planned unit development for the property in question specifies a different rear yard set-back; however, the rear yard set-back may be reduced to ten feet (10'), provided there are no window or other openings for light or entry in the encroaching walls facing the rear yard. Sec. 4. THAT Section 3.24.F - District Regulation Notes; Paragraph K, of the Land Development Code, is hereby amended to read as shown: K. Where abutting a lot zoned or used for residential purposes there shall be a minimum twenty-five (25') foot rear yard set-back, unless an ordinance approving a planned unit development for the property in question specifies a different rear yard set-back, however, the rear yard set-back may be reduced to ten feet (10') where abutting a lot zoned or used for non-residential purposes. Sec. 5. THAT Section 3.24.G - Schedule of District Regulations, of the Land Development Code, is hereby amended regarding the side yard and rear yard footnotes for planned unit developments to read as shown on the attached Exhibit "A" Sec. 6. THAT Ordinance 0-00-1214 adopting the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 7. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided Ordinance 0-05-1532 Page 3 of 3 for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 8. THAT any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 9. THAT addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 1 O. THAT this ordinance shall take effect immediately from and after its passage. Sec. 11. 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" ., t; "" C II> :> Ii; 5 <2. .E ., "" , c 03 :> '" OJ :E <Ii Q; 5: " '0 C '0 :> "" Ii; Ii; ,0 01:=' E II> " '0 C " " C ~ 0 N ,!1 l1., ,.. ::;: "" n:: ., c " .; 'tl 0 0; II> " 'E <2. '" ., II> " ,I,! Ii; '0 '(ij :n > ~ :> II> <2. E 0 ., " E vi 0 0 'x ,.. 0 II> .!! <Ii ::;: 0; ~ . . 2; ::J <l. CITY COUNCIL CC@n", TC'xn$ AGENDA BRIEFING MEETING DATE: I 07/12/05 ITEM #: I 7 ; ORDINANCE #: I 0-05-1533 CITY MANAGER: ! DEPARTMENT HEAD: r -. ~-- FINANCE REVIEW: I Previous Action: N/A DEPARTMENT: FINANCE SUBJECT : Adopting an annual budget for Fiscal Year 2006 for the Colleyville Crime Control and Prevention District First Reading and Public Hearing In accordance with the Local Government Code, the Colleyville Crime Control and Prevention District Board (CCCPD) shall propose an annual budget. The budget must contain a complete financial statement; including a statement of outstanding obligations, the amount of cash on hand, the amount of money received by the district during the previous year, the estimated amount of money available to the district, the amount of money needed to fund approved programs, the amount of money requested for programs that were not approved, the tax rate for the next fiscal year, the amount of the balances expected at the end of the year in which the budget is being prepared, and the estimated amount of revenues and balances available to cover proposed budget. This budget will be presented to the CCCPD Board of Directors at the July 12, 2005 meeting. Financial Impact The CCCPD's projected revenue for FY 2006 is $899,120 with expenditures of $689,205. Proposed expenditures are for administrative board and audit expenses ($850), police officer ($65,567), purchase of four replacement police vehicles ($98,000) and debt service ($524,788). Recommendation Approval Attachments . CCCPD FY 2006 Budget . Ordinance 0-05-1533 COLLEYVILLE CRIME CONTROL DISTRICT FY 2006 BUDGET PROJECTED PROPOSED FISCAL YEAR 2005 2006 BEGINNING FUND BALANCE $193,458 $314,530 REVENUES: 1/2 CENT SALES TAX REVENUE $817,000 $833,340 INTEREST INCOME $6,000 $6,000 USE OF FUND BALANCE $134,291 $59,780 TOTAL REVENUES $957,291 $899,120 EXPENDITURES: ADMINISTRATIVE BOARD/AUDIT EXPENSES: $500 $850 PERSONNEL: POLICE OFFICER $63,020 $65,567 CAPITAL: POLICE CARS $0 $98,000 DEBT SERVICE: 1999 CERTIFICATES OF OBLIGATION $638,408 $524,788 TOTAL EXPENDITURES $701,928 $689,205 EXCESS REVENUES OVER EXPENDITURES $255,363 $209,915 * ENDING FUND BALANCE $314,530 $464.665 * MUST HAVE A 1,4 TIMES COVERAGE RATIO ($209,915) FOR DEBT SERVICE PAYMENT ORDINANCE 0-05-1533 AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL YEAR 2006 FOR THE cOLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2005 THROUGH SEPTEMBER 30, 2006, A COPY OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME EFFECTIVE UPON PASSAGE BY THE CITY COUNCIL. WHEREAS, the laws of the State of Texas require the Board of Directors of the Colleyville Crime Control and Prevention District to adopt a budget of projected revenues and proposed expenditures, cash on hand at the start of the year, the amount of money received during the prior year, the tax rate and the projected ending fund balance; and WHEREAS, on July 12, 2005, the Board of Directors of the Colleyville Crime Control and Prevention District approved the following budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF cOLLEYVILLE, TEXAS: Sec. 1. THAT the budget for the fiscal year beginning October 1, 2005 and ending September 30, 2006 for the Colleyville Crime Control and Prevention District, a copy of which is on file in the office of the City Secretary, is hereby made a part of this ordinance by reference and is hereby approved and adopted by the City Council of the City of Colleyville, Texas, as the official budget for the fiscal year beginning October 1, 2005 and ending September 30, 2006 and that the City Manager is authorized to execute all contracts and agreements approved as a part of the budget. Sec. 2. THAT the budget of the fiscal year beginning October 1, 2005, and ending September 30, 2006, for the Colleyville Crime Control and Prevention District with a sales and use tax rate of .5%, is hereby fixed as follows: Projected Revenue Received in Fiscal Year 2005 $957,291 Projected Cash on Hand as of October 1, 2005 Revenues $314,530 $899,120 $689,205 Expenditures Ending Fund Balance at September 30,2006 $464,665 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. Ordinance 0-05-153~ Page 2 of 2 The second reading and public hearing being conducted on the 2005. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney day of day of Cil)" O( ~ CITY COUNCIL CC~~~n~ 'tl"X<:\~ AGENDA BRIEFING MEETING DATE: i ITEM#: i ORDINANCE #: i 07/12/05 8 0-05-1534 i CITY MANAGER i DEPARTMENT HEAD i FINANCE REVIEW I ~ Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: Denial of Gas Reliability Infrastructure Program (GRIP) Rate Request by Atmos Energy Corp., Mid- T ex Division Reading and Public Hearing In December 2004, Atmos Energy Corp., Mid-Tex Division, formerly known as TXU Gas, filed with the City of Co II eyville, a request for an annual Gas Reliability Infrastructure Program (GRIP) rate increase, pursuant to Texas Utilities Code S 104.301. On January 4, 2005, the City Council approved R-05-2494 suspending this rate request. The reason for suspending the request, as opposed to granting approval or denial, was to allow the Atmos Cities Steering Committee (ACSC), of which the City is a member, adequate time to review and analyze information provided by Atmos to justify its filings. ACSC's counsel believed that implementation of the proposed rate increases would allow substantial overearnings by Atmos. Upon review of the Company's filings, ACSC's counsel has determined that the rate increase is unjustified, unreasonable and not in compliance with the GRIP statute. Defects found in the request include, but are not limited to, the following: (a) the Company improperly calculated its 2003 rate base; (b) the Company included, in its calculation, projects unrelated to system improvement; (c) the Company failed to recognize the increased revenues it is now receiving due to increased rates approved by the Commission in Gas Utilities Docket (GUD) No. 9400 and due to customer growth; (d) information supplied by the Company indicated that the Company actually decreased its per-customer investment in infrastructure in calendar year 2003; (e) approval of the Company's GRIP request would result in over-earnings by the Company in the year of implementation; and (f) the Company has failed to demonstrate that it meets the statutory prerequisites to qualify for a GRIP rate increase or that its proposed method of implementation of the GRIP statute constitutes a constitutional application of the statute. ACSC has requested that its members approve an ordinance denying the rate increase by August 12, 2005. In consideration of ACSC members taking action to deny the request before August 12, Atmos has agreed not to file any additional GRIP rate requests before September 15, 2005. In the interim, ACSC, Atmos and other affected parties will delay briefing in pending dockets while global settlement discussions in pending Atmos matters are pursued. Agenda Briefing Ordinance 0-05-1534 Page 2 of 2 Financiallmoact None. ACSC absorbs 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. Recommendation Approval Attachments . GRIP Handout . Resolution R-05-2494 . Ordinance 0-05-1534 Gas Reliability Infrastructure Program (G. R. I. P.) Texas Utilities Code S 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 (5YS) 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 S 104.151 and set new rates if rates are found to be unreasonable 1668\12\Handout RESOLUTION R-05-2494 A RESOLUTION OF THE CITY OF cOLLEYVILLE TEXAS, SUSPENDING THE PROPOSAL BY A TMOS 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 lithe 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 9 104.301 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-Tex 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 S AYES, CJ NAYS AND () ABSTENTIONS ON THIS THE oSI>'I> DAY OF r~- 2005. .~ Resolution R-05-2494 Page 3 of 3 ORDINANCE 0-05-1534 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, DENYING THE REQUEST OF ATMOS ENERGY CORP., MID-TEX DIVISION, FOR AN ANNUAL GAS RELIABILITY INFRASTRUCTURE PROGRAM ("GRIP") RATE INCREASE; AUTHORIZING INTERVENTION AS PART OF THE COALITION KNOWN AS THE A TMOS CITY STEERING COMMITTEE IN ANY APPEAL OF THE CITY'S ACTION TO THE RAILROAD COMMISSION; APPROVING COSTS INCURRED AS REASONABLE AND REQUIRING PROMPT REIMBURSEMENT OF COSTS; FINDING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW; AND PROVIDING FOR NOTICE OF THIS ORDINANCE TO ATMOS ENERGY CORP., MID-TEX DIVISION. WHEREAS, on or about December 17, 2004, Atmos Energy Corp., Mid-Tex Division, (the "Company") filed with the City of Colleyville ("City"), a request pursuant to Texas Utilities Code 9 104.301 for an annual gas reliability infrastructure program ("GRIP") rate increase for the Company's gas utility customers located within the City, effective February 15, 2005; and WHEREAS, the City has exclusive original jurisdiction to evaluate the Company's request as it pertains to the distribution facilities located within the City, pursuant to Texas Utilities Code 99 102.001(b) and 103.001; and WHEREAS, the City timely acted to suspend the effective date of Atmos' proposed rate increase; and WHEREAS, the Gas Utility Regulatory Act grants local regulatory authorities the right to intervene in rate proceedings filed at the Railroad Commission ("Commission"); and WHEREAS, the City can most efficiently participate in any appeal of this Ordinance to the Commission as part of the Atmos Cities Steering Committee ("ACSC"); and WHEREAS, the Texas Utilities Code 9 103.022 provides that costs incurred by the City in ratemaking activities are to be reimbursed by the regulated utility; and WHEREAS, ACSC's rate case expenses incurred in this proceeding are reasonable and should be reimbursed by the Company; and WHEREAS, counsel for ACSC, upon review of the Company's filing and upon consultation with various consultants, recommends finding that the Company's proposal is unjustified, unreasonable and is not in compliance with the GRIP statute (Texas Utilities Code S 104.301) either in fact or in law; and Ordinance 0-05-1534 Page 2 of 3 WHEREAS, information provided by the Company indicates that the Company has decreased per-customer investment in infrastructure and substantially increased shareholder profits above the levels approved by the Commission in Gas Utilities Docket No. 9400; and WHEREAS, in consideration of the city taking action before August 12, 2005, on the currently pending GRIP request, the Company has agreed not to file any additional GRIP requests before September 15, 2005. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF cOLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. Sec. 7. THAT the Company's GRIP rate increase request is found to be unjustified, unreasonable and in violation of the GRIP statute and is therefore denied in all respects. THAT the City is authorized to cooperate with other Cities within the Company's Distribution System that have formed ACSC to hire and direct legal counsel and consultants, negotiate with the Company, make recommendations to the City regarding reasonable rates and to direct any necessary litigation associated with an appeal of this ordinance to the Commission. THAT the costs incurred by ACSC in reviewing the Company's GRIP request and representing ACSC in this proceeding are hereby found to be reasonable and, upon submission to the Company, shall be promptly reimbursed by the Company. THAT the City is authorized to intervene in any appeal of the City's action filed at the Commission, and to participate in any such appeal as a member of ACSC. THAT the City Manager, on behalf of the City Council, is authorized any contracts and agreements related to the GRIP request. THAT this Ordinance shall become effective immediately from and after its passage, as the law and charter in such cases provide. THAT it is hereby officially found and determined that the meeting at which this Ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. Ordinance 0-05-1534 Page 3 of 3 Sec. 8. THAT a copy of this ordinance, constituting final action on the Company's application, shall be forwarded to the appropriate designated representative of the Company within 10 days as follows: Richard Reis, Manager, Gas Regulation, Atmos Energy Corp., Mid-Tex Division, Lincoln Center II, 18th Floor, 5420 LBJ Freeway, Dallas, Texas, 75240. 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 David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney CITY COUNCIL cc~'" AGENDA BRIEFING fC'X:\S MEETING DATE: I ; i ITEM#: i i I RESOLUTION #: I 07/12/05 9 R-05-2568 CITY MANAGER i i I I DEPARTMENT HEAD ! FINANCE REVIEW ! N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Consideration of appointment to the Historical Preservation Committee to fill an unexpired term Reading and Public Hearing On May 24, 2005, Ms. Kelly LaFarge, whose term expires August 2006, resigned from the Historical Preservation Committee. (See attached correspondence). The position was advertised June 3 through July 5, 2005, and one application was received from Mr. Mark Johnson. This Resolution provides for the City Council to fill one position on the Historical Preservation Committee whose term expires August 2006. Financial Impact None Recommendation Approval Attachments · Historical Preservation Committee roster · Kelly LaFarge resignation letter dated May 24, 2005 . Application for Appointment · Resolution R-05-2568 Historical Preservation Committee Meets Second Tuesday of Each Month TERM: August 2004 - 2006 Sammie Bolling 6712 Curtis Road Colleyville, TX 76034 W: 817.503.1032 H: 817.281.0354 bollinasla>.ci .collevville. tx.us TERM: August 2003 - 2005 Lila Coley 401 Shelton Drive Colleyville, TX 76034 H: 817.605.3205 F: 817.605.3205 colevla>.f1ash.net TERM: August 2004 - 2006 VACANT Joe Deupree 5101 Montclair Drive Colleyville, TX 76034 H: 817.283.7002 F: 817.545.4359 TERM: August 2003 - 2005 Gerald Hartman, Jr. 2009 Oak Knoll Drive Colleyville, TX 76034 W: 817.399.0123 H: 817.540.0432 F: 817.399.0777 ahartman25la>.comcast. net TERM: August 2004 - 2006 Ed Havran 303 Oak Crest Hill Colleyville, TX 76034 H: 817.498.1420 eravenla>.dfwonli ne .net TERM: August 2003 - 2005 Charles Hewitt 224 W. Mill Valley Drive Colleyville, TX 76034 W: 972.393.3818 H: 817.503.9819 charliehewittla>.vahoo .com TERM: August 2004 - 2006 Brenda Miller 4719 Meandering Way Colleyville, TX 76034 W: 817.334.4101 H: 817.685.6634 F: 817.334.4001 TERM: August 2003 - 2005 Nelson Thibodeaux 5612 Coventry Court Colleyville, TX 76034 W: 817.416.6934 H: 817.858.9012 F: 817.329.1828 TERM: August 2003 - 2005 COUNCIL LIAISON Richard Warner 5408 South Drive Colleyville, TX 76034 W: 972.714.5710 H: 817.514.6232 RickDW la>.comcast. net TERM: August 2004 - 2006 Jon Ayers 4808 Meandering Way Colleyville, TX 76034 W: 817.267.9009 H: 817.267.1630 F: 817.318.0663 M: 972.571.6647 aversila>.ci .collevville. tx.us Revised 06-08-05 Page I of I Cynthia Singleton From: Paul Frederiksen Sent: Thursday, May 26, 2005 10:42 AM To: Joe Deupree Cc: Cynthia Singleton; Nicole Minder; Monica Walsh Subject: RE: committee position Joe: Thanks for the update, I will forward this to the City Secretary so that we can begin the process to fill this vacancy. Paul Confidentiality Notice: This email message, including any attachments, contains or may contain confidential information intended only for the addressee. If you are not an intended recipient of this message, be advised that any reading, dissemination, forwarding, printing, copying or other use of this message or its attachments is strictly prohibited. If you have received this message in error, please notify the sender immediately by reply message and delete this email message and any attachments from your system. Thanks for your assistance in this matter. From: Joe Deupree [mailto:j.. . sent: Tuesday, May 24, 2005 1:31 PM To: Paul Frederiksen Subject: Fw: committee position ] PAUL: FYI ---- in case Dixie's mail not seen by anyone else -- Regards Joe Deupree ----- Original Message ----- From: Kelly La Farge Tl rL Cc: cawthorneD@ci.colleyville.tx.us Sent: Tuesday, May 24, 2005 11 :59 AM Subject: committee position Dear Mr. Deupree: I saddens me to relay to you I must resign my historical committee chair. I have had unfortunate, unforeseeable personal family issue and responsibility with an aging parent. With regret, at this time I will not be able to fulfill my chair duties and resign my position. I am very sorry for any inconvenience this may cause. Best of luck for you and the committee. Sincerely yours, Kelly LaFarge 5/2912005 J~L-05-2005 02:27 PM Eri.QB~n~Fi~s Consul~in. 8172514991 P.0l rrv~ ~fl~ 7'cx._ CITY SECRt.TARY'S c file: E Application for Appointmen- ~Ianning and Zoning Commission and ZonIng Board of Adju$tment applicants are required to file Financial Disclosure Ind Businesl Conflict of Interest forms two (2) bUSiness days after the application deadline as advertised in the Public Notice, These forms are available on the City's website at <hrtp:f/www cotleY\lillecon"/boardsl?oolicaticn,asf.P or by contacting the City Secretary at 817,503,1130 Ms. Mrs. Mr. Name: Johnson Mark ---- (Last) (First) Addre~s: 4804 Mill Brook Drive, Colleyville, TX 76034 Jiome Telephone: 817-354-4098 Wo~.Telephon~ 817-909-0778 ~By checking thl8 box, I consent to the rele.a. of my personal e-mail address by the . City. .___ (MI) _ E-mail Addre85~arkjohnson49cmcomcast.net Fax; 817-788.1399 Board, Commi~ion or Committee Appointment Desired:Historic Pr~~fVatjon Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) 20+ years management experience; B.A. in History; currently serving on the Colleyville Center Advisory Board; flexible work schedule which allows participation in board -- meetings and related events. Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) I na~e~a Ijf~ J<:'Jrlg.Jovey:f.Qr history. I have enjoyed serving on the ColleyviUe Center AdVISOry Board and would like to become more involved in our City. nd that attendance and active support is required for each a~pointee? 'I _XX_ yes _ no _ --l Signa1ur : Date:_7 Once the City Council has filled a position, your application will be removed from the file and you must reapply for future openings. RESOLUTION R-05-2568 A RESOLUTION APPOINTING A MEMBER TO THE HISTORICAL PRESERVATION COMMITTEE TO FILL AN UNEXPIRED TERM WHEREAS, one position on the Historical Preservation Committee has become vacant due to the resignation of one of the members. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF cOLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby appoints the following person to the Historical Preservation Committee to fill the unexpired term of August 2006. AND IT IS SO RESOLVED. DAY OF ABSTENTIONS. 2005, BY A VOTE OF _ APPROVED THIS AYES, NAYS AND ATTEST: CITY OF cOLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor .----"~<..----_...~--~_._~--...-.~,.-.--- --- ._~_..-~--...---~--~----'_._"----- - ---- --,,- .~ Texas PLANNING AND ZONING COMMISSION MEETING MINUTES - May 9, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Commissioners Thomas Dolan, Dave Dudziak, Thomas Bartkowski, Luann Edwards, John Blassingame, Denis Duffy and Jeff Byerly were present. Barry LeBaron, Chris Fuller, Amy Shelley, Robert Woods and Jeff Jones from staff were present. INVOCATION The invocation was given by Commissioner Duffy. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Duffy questioned staff if case Z-05-012 was tabled as written in the minutes. Barry LeBaron replied no, the case was approved. Commissioner Duffy stated to staff, the language in case P-05-012 stated at Colleyville Boulevard and Highway 26. He stated those being the same. Barry LeBaron replied the applicant stated Longwood at Highway 26. Commissioner Edwards moved to approve the minutes of the April 25, 2005 meeting with corrections. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-05-010- Minor plat for McCurry Addition on 1.155 acres out of the S.C.H. Witten Survey, located at 5500 Montclair Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy stated and questioned staff, at 5500 Montclair there is not a house, but in the briefing it states there is a house, is there an existing house? Chris Fuller responded once the application was submitted, the applicant had the option to raze the house. Planning & Zoning Commission Minutes - May 9, 2005 Page 1 of 11 Commissioner Byerly questioned staff if this is an existing tract that has never been platted? Chris Fuller replied correct. Commissioner Edwards made motion to approve case P-05-010. Commissioner Dolan seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None 2. Case P-05-017 - Preliminary plat for Meadows Creek Plaza on 10.141 acres out of the R.N. McEwing Survey, Abstract 1154, located at the 8200 block of Precinct Line Road Chris Fuller presented the case and briefed the Commissioners. Commissioner Edwards questioned staff about the perimeter street improvement fees being paid by the developer as the lots are developed or at the beginning? Barry LeBaron responded this is the preliminary plat and those fees will be paid at the time of final platting. Commissioner Duffy stated having issues with construction plans for the drainage improvements, the filing with FEMA for flood management, the filing of parkland dedication fees, the allowing of windows and doors on the back side facing the new school, time frame for construction on the phases, documents stated in developer letter to be submitted at a later time and the timing of construction for all interior roads. Barry LeBaron responded parkland dedication fees will be done at final platting and the developer has agreed, they will phase this over several phases and then pay those fees. The street improvements are done at the time those lots are will front on Lavaca Trail at the time of final platting. By having the developer plat the lot he needs to final plat first, all other improvements will come as the development constructs. Robert Woods responded about drainage stating a CLOMAR has been submitted and he is hoping to finish and give comments back to the developer at the end of the week. Robert Woods stated the impact of water has not been increased along the channel; it is to his understanding that all drainage improvements are to be done during the first phase. Commissioner Byerly commented the letter from the developer states all drainage improvements. Barry LeBaron replied correct; they plan to do all the improvements. Commissioner Blassingame questioned if the drainage will be done in a phase process? Commissioner Byerly stated the applicant needs to specify when all the drainage improvements will be made. Commissioner Edwards questioned staff if building permits will not be issued until all drainage issues are completed? Robert Woods stated correct. Barry LeBaron stated not having to be final platted for the drainage plans, they indicate wanting to do all drainage at one time to be able to reclaim the property. Planning & Zoning Commission Minutes - May 9, 2005 Page 2 of 11 Commissioner Byerly stated there being some confusion between the developer's letter and staff's briefings about when the drainage improvements would be completed, therefore the applicant will need to specify. Jimmie Archie, Realty Capital Corporation, the applicant briefed the Commission and presented his request and stated the channel improvements will be made during phase one for the drainage from our property. Then the two ponds would be constructed to handle the channel water, front pond during phase 1 and then the back pond during the back phase. Commissioner Byerly questioned Mr. Archie will there not be more water than what the area is currently releasing? Mr. Archie replied correct. Commissioner Edwards questioned if the channel is to hold all the water flow and not increase it to the south. Mr. Archie replied the channels are being constructed to handle the water that is currently flowing through the property and the ponds are going to be constructed to handle any other water flow that may be increased as a result in this development. This will allow us to be able to reclaim the land on either side of the channel. Commissioner Duffy questioned the applicant how was he going to connect the gap between Lavaca Trail and Emerald Park addition? Mr. Archie stated the developers to the south will want to continue the flow. Jimmie Archie responded Phase I would begin immediately upon approval. Phase II would be driven by the market possibly a year after the first phase. Commissioner Dudziak questioned applicant if the lots are going to be sold individually or speculative building. Mr. Archie stated having a potential business to lease Phase I. Commissioner Dudziak questioned if Phase I is pre-leased but there is nothing else pre-leased. Commissioner Dudziak stated this kind of project will not be an advantage to Colleyville to increase the tax revenue. Commissioner Duffy stated on the response letter to the City, comment 5, states to provide a 10 foot set back building line, is adequate, however, why did the City say the 10 foot is not legal? Mr. Archie stated not knowing where the comment came from; it was to his understanding that the building could encroach the rear building line, as long as there were no windows or doors on those sides. Chris Fuller replied, the Planned Unit Development states the set back the developers are providing is adequate provided there are no windows or doors on those sides. These comments were put there simply for the developer to address, not they were not in compliance. Commissioner Duffy stated if you have a door and you open the door, then you have encroached upon the 10 feet. What is the purpose of a door if you can't use it? Chris Fuller replied they have agreed and adequate windows and doors are allowed as long as the set back is not encroached upon. Barry LeBaron stated initially the developer just wanted to plat the one tract but because they own the whole tract, I told him the regulation states platting the whole property with a preliminary plat. They could have just done a preliminary plat with only two lots. Commercial platting is different than residential platting because in Planning & Zoning Commission Minutes - May 9, 2005 Page 3 of 11 residential platting the developer knows how many lots to lie out, but it is not that way for commercial. The commercial plats are determined by the end consumer and this developer only has one end consumer. The developer has submitted a conceptual plan that shows drainage, access easements and lot configuration. Their consumers may change. At this point the developer is aware of all the drainage improvements that may be needed and they have stated they are going to address all the drainage at one time. This may help with explaining why the developer is deferring the ponds until they have customers, this plat helps the developer be aware of what may be needed and put them on notice , they could come back next week with a final plat, if they have customers. That is why commercial is more difficult than residential. Commissioner Byerly stated recognizing Commissioner Dudziak's concerns, but if this property never gets platted, it can never be developed. Commissioner Byerly made motion to approve case P-05-017. Commissioner Blassingame seconded. Commissioner Dudziak stated being concerned that this is another type of platting that will not be successful because it has not worked in the past with other properties in Colleyville. Commissioner Byerly stated this plat meets all the requirements and by law the Commission is required to approve the plat. The motion was approved by the following vote: Aye: Dolan, Edwards, Blassingame, Byerly Nay: Dudziak, Bartkowski, Duffy PUBLIC HEARING AGENDA ITEMS 3. Case P-05-016- PUBLIC HEARING- Final Plat of Lots 1 Rand 2, Block 1 of the K.I.S.D. Addition, being a replat of Lot 1, Block 1 of the K.I.S.D. Addition Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff if the twin cuts for Precinct Line Road have been submitted to the State? Barry LeBaron replied they do not have a plan for those. Simply, the amount of frontage on Precinct Line Road, would qualify them for two curb cuts, which they may never need two curbs. We indicated since they do not have a specific plan, staff recommended cross access easements to the other properties. They changed the plat to put a 24 foot access easement across the entire front of the property so that where ever a curb cut came in; it would be accessible to the properties to the north and south. Staff thought this would be good because this property could be put back on the tax rolls and benefit the city instead of being exempt. Commissioner Edwards questioned staff if there will not be any entrance from Precinct Line Road? Barry LeBaron stated correct. Commissioner Edwards stated all on McDonwell School Road. Barry LeBaron stated that is why they are widening McDonwell School Road. Planning & Zoning Commission Minutes - May 9, 2005 Page 4 of 11 Commissioner Duffy questioned staff if the Fire Marshal stated the widening would be adequate? Barry LeBaron replied correct. Commissioner Byerly opened the public hearing at 7:42 p.m. There being no one wishing to speak the public hearing was closed at 7:42 p.m. Commissioner Edwards questioned staff if the city could require the school to have an entrance off of Precinct Line Road? Barry LeBaron responded when the plat was approved, they moved all entrances from McDonwell School Road so that the parents could drop off the children in front of the school. This property is a surplus for the school which can turn in to commercial property for the City. Commissioner Duffy made motion to approve case P-05-016. Commissioner Dolan seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None 4. Case P-05-015 - PUBLIC HEARING- Final Plat of Lots 1, 2 and 3, Block 1 of Southwest Colleyville Office Park, being a replat of Lots 1 and 2, Block 1 of the Chapelwood Addition Commissioner Blassingame recuses himself from this public hearing. Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy stated concerns with entrances on Cheek Sparger, the 24 foot easement on the front of the three properties, the 40 foot set back in middle of easement, mutual easements not shown but talked about, right of way (ROW) dedication, landscape in ROW easement dedication, 95 feet of ROW is shown as 91.74 and allowed, there being a hardship, yet none is shown to maintain 2 lots instead of 3, summary states the city does not enforce deed restrictions, but in the deed restrictions provided, certain facilities are not allowed. The city can not enforce that statement and for the city to accept those restrictions, the Commission can not accept what the Commission can not enforce, therefore we are being negligent to do what we are suppose to do for that property. Commissioner Edwards added for a gas station, a Special Use Permit has to be acquired, correct? Barry LeBaron replied correct. Commissioner Edwards questioned staff for clarity landscape easements are 20 foot and this indicates 10 foot? Barry LeBaron stated 20 foot required along Colleyville Boulevard. Barry LeBaron stated the hardship issue is that the developer has some commitments and the hardship can be determined by the Commission. This property has stayed vacant for some time yet this developer has some strong commitments for three lots which would benefit the city. Although the lots would not meet the zoning everything else could be met on the requirements. Barry LeBaron also stated the Commission can also defer this request to City Council. Planning & Zoning Commission Minutes - May 9, 2005 Page 5 of 11 Commissioner Duffy questioned staff if the tree preservation plan and aerials were submitted? Chris Fuller replied correct. Commissioner Byerly opened the public hearing at 7:54 p.m. Derek Deguire, 3000 Spring Valley Dr. Bedford, the applicant, stated the request and briefed the Commission. The deed restrictions are for the property owners and to further assure the client the use of the properties. Mr. Deguire stated wanting to put in a quality office facility with lots of landscaping which would fit the area nicely. Commissioner Byerly questioned Mr. Deguire why he went for straight zoning instead of Planned Unit Development Commercial; the deed restrictions could be enforced? Mr. Deguire replied because of timing and the practicality, basically we will end up with the same product. The deed restrictions are there because the market for that area will not permit some of those particular uses that this zoning allows. James Polk, 3913 Treemont Circle, spoke in favor of the developer deed restricting the property because of the concerns with what could go on that property. By deed restricting, it will be a good thing for the neighbors to know that those businesses will not be allowed. There being no one wishing to speak the public hearing was closed at 8:00 p.m. Commissioner Dudziak questioned staff based on the language on minimum lot size can we authorize a replat including a waiver submitted by the developer? Commissioner Dudziak stated not seeing any waiver. Barry LeBaron if the Commission approves the plat as submitted, there is a waiver. Commissioner Dudziak questioned staff the developer does not have to request a waiver? Barry LeBaron stated they have submitted the plat. Matthew Boyle, City Attorney stated the applicant has submitted the application for variance or hardship. Barry LeBaron stated the application indicates the applicant is requesting a waiver for the minimum lot widths. Commissioner Duffy questioned staff if the Commission approves the plat, that is in fact a granting of a waiver? Mr. Boyle replied the plat as submitted would be a modified version of the waiver. Commissioner Bartkowski questioned staff about there not being a 24-foot wide fire easement achieved on the east side of the property bound? Commissioner Bartkowski stated only seeing 9 feet. Commissioner Duffy states it being a mutual access easement, but it is not shown on drawing. Commissioner Bartkowski stated not shown as 24-foot wide on plat only 9 foot. Commissioner Duffy replied would have to show on the other east property. Commissioner Duffy questioned staff if it is required to have the owners on the east show the easement? Barry LeBaron stated it being shown on the east property plat. Commissioner Edwards stated this type of development is good for the area. Planning & Zoning Commission Minutes - May 9, 2005 Page 6 of 11 Commissioner Edwards made motion to approve case P-05-015. Commissioner Dudziak seconded. The motion to approve was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Duffy and Byerly Nay: None 5. Case Z-05-014- PUBLIC HEARING- Special Use Permit for an accessory building on Lot 12, Block 1, Arbor Estates Addition, located at 2406 Poplar Court East Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff about the 676 square feet being permitted by the code for an accessory building however, in the proposed ordinance 1750 square feet is stated. What is the square footage of this building and what is the upstairs going to be used for? Chris Fuller replied the 1750 square footage is the maximum size allowed for a lot size of this size. Commissioner Duffy questioned if the 676 square feet is the ground garage space only? Chris Fuller replied correct, you will have to ask the applicant how the loft will be used. Commissioner Duffy stated to our knowledge the neighbors agreed to a two car garage, not a two story building. Barry LeBaron stated the 1750 square feet being the upper limit allowed, the Commission may limit in the ordinance to reflect the actual size of the building being proposed. Commissioner Byerly opened the public hearing at 8:07 p.m. Andrea and Greg Regula, 2406 Poplar Court East, the applicant, came forward to present their request and stated having discussions with the neighbors about the structure being a two story building. The Regulas submitted an email of approval from their Homeowner's Association (HOA). Commissioner Bartkowski questioned the applicant if the tree is worth a smaller garage. Mr. Regula stated the size of the garage is to accommodate the size of his truck and boat. Commissioner Byerly questioned the applicant for clarity if in the ordinance, 676 square feet was stated instead of 1750 square feet. Mr. Regula replied fine. Commissioner Dolan questioned the applicant if he will pour 676 square feet of concrete for a pad? Mr. Regula replied correct. Theresa Vella, 2405 Poplar Court, stated concerns with the use of the building and not seeing any approval by the HOA. Liza Slosson, 2407 Poplar Court, stated concerns with the uses of the building, if it would be seen from the street, if the wooden fence would stay or if a chain link fence would be placed, if the RV would be stored in the building, if the tree would stay, if bricked like current home and the time frame the building would be completed. Commissioner Byerly questioned where Mrs. Slosson lived? Mrs. Slosson stated to Planning & Zoning Commission Minutes - May 9, 2005 Page 7 of 11 the right of the Regula's property. Robert Crane, 2302 Arbor Trail, concerned with the building and the use of the building. I was not allowed to build an addition on my property because of the covenants. Stated having concerns with property values and the covenants state 80% of the structure would have to be bricked. Beverly Sweat, 2403 Poplar Court, stated wanting the definition of Special Use Permit and if it would just be for the building and stated not being allowed to build an accessory building in her yard because of the covenants. There being no one wishing to speak the public hearing was closed at 8:25 p.m. Commissioner Byerly questioned the applicant if they object to limit the uses of storage only above the garage. Mr. Regula replied fine. Mr. Regula stated a detached building does not have to be bricked and we intend to make it match the house as much as possible. This building has been approved by the Committee of Arbor Estates. Commissioner Edwards questioned applicant if the fence would stay? Mr. Regula replied correct. Commissioner Byerly questioned the applicant if the neighbor on the 10 foot side is Mr. Edens who signed the petition? Mr. Regula replied correct. Commissioner Dudziak stated one neighbor is stating 80% is required to be bricked, however you, the applicant are stating not required. Mr. Regula stated brick is what the main structure has to be, not the detached garage. Commissioner Edwards stated the Commission could make the approval of the SUP pending the approval of the HOA. Mr. Boyle stated being better to require the brick as part of the SUP because that is what the Commission wants not what the HOA wants. Commissioner Duffy questioned the applicant about the construction schedule. Mr. Regula replied 30 days. Commissioner Byerly questioned the applicant how Mrs. Slosson could see the structure from her property. Mr. Regula stated she could only see the structure if she were to stand in the driveway. Mr. Regula stated his home would screen the structure. Commissioner Byerly questioned the applicant if they have a shared driveway? Mrs. Regula stated there being a strip between the Eden's driveway, theirs going to the left and the Regula's going to the right. Commissioner Byerly stated limiting to 700 square feet and the construction materials. Commissioner Duffy questioned Commissioner Byerly if the Commission should approve with changes or have the staff to rewrite? Commissioner Byerly stated approving the changes in the ordinance. Planning & Zoning Commission Minutes - May 9, 2005 Page 8 of 11 Commissioner Edwards reminded the Commissioners that the applicants according, to code, are allowed to build this building, but because of the loft area, they have to get the SUP for the height of the building. Commissioner Edwards stating wanting to move the square footage to 700 or 750 because once they start to construct, they may need more square footage, it would allow for leeway. Commissioner Dolan questioned staff for clarity; the HOA has approved the two story building? Commissioner Edwards replied correct, the city is the one that has the issue because of the height of the building the applicants are having to move the structure in from the allowed set back and the applicant wants to keep the building were they have placed it to save the tree. Commissioner Byerly stated generally the additional set back is for privacy, and in this case for storage there is not a privacy issue. Barry LeBaron stated the regulations are for accessory buildings within a certain size, however to exceed the size or height, a SUP would be required to alert the neighbors, and restrictions could be put in place prohibiting possible commercial uses. The higher the structure the farther off the set back line the structure has to be placed. Commissioner Bartkowski stated approving and granting an office as a greater hardship than for storage. Commissioner Edwards stated the Commission is not granting for hardship. She stated looking at opposition from the neighbors, not because of a hardship. Commissioner Bartkowski stated the storage height does not need to be so tall as it would need to be for an office. Commissioner Byerly stated restricting 700 square feet and construction materials are not an issue as long as the HOA is approving the materials. Commissioner Dudziak stated the neighbors would be comfortable if the office is restricted in the Special Use Permit ordinance. Commissioner Duffy stated in the draft ordinance no commercial purpose use. Commissioner Byerly stated we traditionally do not go through the ordinance, usually staff drafts the ordinance. Commissioner Edwards questioned Mrs. Slosson if she has concerns about the exterior of the building. Mrs. Slosson stated wanting the look of the structure to feel like the rest of the neighborhood and that the building is not visible by the street. Commissioner Byerly stated the HOA requirements are more comprehensive than the city's requirements and therefore there are not additional requirements by the city for the construction materials for the building. Commissioner Byerly made motion to approve case Z-05-014 with the conditions a) limiting the building to 700 square feet and b) with no commercial use. Commissioner Dolan seconded. The motion to approve by the following vote: Aye: Dolan, Edwards, Blassingame, Byerly Nay: Dudziak, Bartkowski, Duffy Planning & Zoning Commission Minutes - May 9, 2005 Page 9 of 11 6. Case Z-05-015 - PUBLIC HEARING- Amendment to the Planned Unit Development ordinance for the Beldon Hollow Addition, located at the 2000 block of Glade Road Barry LeBaron presented the case and briefed the Commissioners. Commissioner Edwards questioned why the City Council approved with the 16 lots in a gated community and not the required amount. Commissioner Byerly questioned the amount of lots required in a gated community? Barry LeBaron stated 20 lots are required, however later City Council approved a minimum lots of 25. Barry LeBaron stated the Commission is simply changing just that one statement on the lot number. Commissioner Edwards questioned if these two lots would have to be made in to one lot to be able to build. Barry replied correct. Commissioner Byerly opened the public hearing at 8:50 p.m. Tom Slone, 4705 Shady Creek, the owner of Lot 10, presented his request and briefed the Commission. Mr. Slone stated wanting to be able to preserve the trees we want to move the home over, therefore that is why we are having to buy the lot beside Lot 10. There being no one wishing to speak the public hearing was closed at 8:51 p.m. Commissioner Duffy made motion to approve case Z-05-015. Commissioner Bartkowski seconded. The motion to approve by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None TABLED ITEMS 7. Case G-05-008- PUBLIC HEARING - Amendment to Chapter 3, Section 3.23 of the Land Development Code regarding Planned Unit Development Zoning Regulations Tabled 04-25-05 Commissioner Bartkowski made motion to remove this item from the table. Commissioner Duffy seconded. The motion to approve by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None Barry LeBaron presented the case and briefed the Commissioners. Commissioner Duffy made motion to approve case G-05-008. Commissioner Dudziak seconded. The motion to approve by the following vote: Planning & Zoning Commission Minutes - May 9, 2005 Page 10 of 11 Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None STAFF REPORTS Barry LeBaron stated having a workshop on May 16, 2005. Commissioners Blassingame and Dudziak stated being out of town on that date. Staff recommended having the workshop before the next Planning and Zoning meeting scheduled for May 23, 2005. COMMISSIONER COMMENTS Commissioners Byerly and Duffy made comments to staff in regards to doing a good job on the Planned Unit Development amendments. ADJOURNMENT The Commission adjourned the meeting at 9:00 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: May 23,2005 Revised on: June 27,2005 Planning & Zoning Commission Minutes - May 9, 2005 Page 11 of 11 ZONING BOARD OF ADJUSTMENT MINUTES OF MEETING - MAY 10, 2005 REGULAR MEETING: Chairman McNosky called the regularly scheduled meeting to order at 7:00 p.m. ROLL CALL Present: Rich Munson, Lisa Kenney, Skip Reynolds, Dee McNosky, Ed Moore and Larry Knox Absent: Uton Dellosso Staff: Barry LeBaron, Chris Fuller and Amy Shelley APPROVAL OF MINUTES Ed Moore made motion to approve the February 8, 2005 meeting minutes. The motion seconded by Skip Reynolds. Approved by acclamation. AGENDA ITEMS 1. Case A-05-002 - PUBLIC HEARING - A request by Deck Masters for a variance from the regulations of the Colleyville Land Development Code regarding the rear building line setbacks for a deck on Lot 32, Block E, Cascades at Timarron Addition located at 7304 Thames Trail At this time, Lisa Kenney recuses herself from this case because she lives in the Timarron Addition. Staff member, Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing and asked the applicant to come forward to speak. Erik Snyder with Deck Masters, the applicant, presented the request and briefed the Board members. Lisa and Tim Conkwright, the homeowner's at7304 Thames Trail, presented the request and briefed the Board members as well. Lawrence Leo, 5030 Harthcrest Drive, Garland, representing Lisa Wagner, 2007 Caspian Lane, stated having issues with not receiving documents presented to the Board members, the deck devaluing the Wagner's property and the deck being so close to the Wagner's home. Mr. Leo stated this variance would set a precedent for the neighborhood and would have a negative effect on the Wagner's property. Mr. Leo stated wanting the applicant to plant evergreen trees to cover the deck if the variance is approved. Erik Snyder, with Deck Masters, stated to the Board members that he and the property owners received approval from the Timarron Home Owner's Association before coming to the City for approval. Lisa Conkwright stated having talked to all the neighbors in regards to the deck. Mrs. Conwright stated the rules are in place to protect the homeowners and she understands that, however, she Zoning Board of Adjustment Minutes - May 10, 2005 Page 1 of 3 would be able to build this building with closed solid walls. The variance is to be able to build the deck without having solid walls. Lisa Wagner, 2007 Caspian Lane, stated having concerns with the size of the deck and being close to her property. Ms. Wagner stated trying to sell her home and stated having issues with the deck devaluing her property. Chairman McNosky asked if there was anyone else wishing to speak regarding this variance request. There being none, the public hearing closed at 7:33 P.M. Rich Munson questioned staff about the openings, doors and windows on the back of the structure? Barry LeBaron stated the Land Development Code establishes the rear building line at 25 feet and if you want to encroach upon this, you would have to get a variance. However, you would be able to encroach upon the rear building line if there are no windows or doors on that side. Chairman McNosky stated the neighbor wants nothing built in that area, being open or closed. However, the applicants would be able to build the deck if they construct solid walls. Ed Moore questioned staff about the utility easement on the plat? Barry LeBaron stated the utility easement stops at this property. Chairman McNosky questioned staff if the intentions of the applicants were to leave the side to the pool open? Barry LeBaron replied not knowing the intentions other than wanting to leave all sides open. Ed Moore questioned staff if the pool is currently there? Barry LeBaron stated correct. Ed Moore stated in the briefing the encroachment states 6 foot and the drawing shows 4 foot. Which is it? Erik Snyder stated it being 4 foot. Chris Fuller stated the 6 foot is using the scale to measure for the briefing. Erik Snyder stated Chris Fuller is correct if he drew it to scale. Rich Munson questioned Mr. Snyder about the type of plant that would be used between the fence and the structure? Mr. Snyder replied red tip fotinias would be used which grow rapidly. Rich Munson questioned Mr. Snyder how the homeowners would be able to get to the other part of the yard once the shrubs were in place? Mr. Snyder stated the homeowners would not be going through that area to get to the other side of their yard. Barry LeBaron stated any of the walls in the 25 foot rear building setback would have to be solid. Mr. Snyder stated wanting to work with the code and provisions to be able to build his clients the deck they desire. Mr. Snyder stated the foundation has already been poured and they just want to be able to build something. Ed Moore questioned Mr. Snyder about the foundation already being poured? Mr. Snyder replied the foundation was poured when the pool was poured to save on the flat work. Barry LeBaron replied there being no restrictions on pouring foundation in the building lines. Ed Moore questioned Mr. Snyder if there is already a covered patio? Mr. Snyder replied it being there when the house was built. Larry Knox questioned Mr. Snyder if the Homeowner's Association approved the closed structure? Mr. Snyder stated the Homeowner's Association approved the open concept. Tim Conkwright, the property owner, stated to the Board members the trees that exist on the Zoning Board of Adjustment Minutes - May 10, 2005 Page 2 of 3 property would be what the neighbors would see. Mr. Lawrence stated the canopy of the trees do not block the view of the proposed deck. Rich Munson stated to the applicants that the encroachment requested is so far away from the Land Development Code regulations, that the request negates the ordinance. Skip Reynolds stated to staff that the application is not in the packet. Chris Fuller stated not knowing the Board wanted the application in the packet. Skip Reynolds stated the Board members would like the application to be placed in the packets for the future. Skip Reynolds made motion to consider case A-05-002. Rich Munson seconded. The vote being: Ayes: None Nay: Knox, McNosky, Moore Abstain: Skip Reynolds Chairman McNosky stated to the applicants to get with the staff to work out something for the structure. REPORTS AND COMMENTS Ed Moore stated numerous inconsistencies with the numbers and packets. He stated on previous cases being any feedback as to what was done once the variance was approved. Rich Munson for clarity stated any inconsistencies for variances approved in the past. Ed Moore stated have the applicants lived with what was approved with the variances. Skip Reynolds stated a request being made and the applicants doing things that were not approved. Ed Moore stated that being his concern. Dee McNosky stated staff possibly looking at doing a report for the Board members. Barry LeBaron stated the staff inspects those properties and if anything is in violation of codes, the city addresses those issues. ADJOURNMENT Larry Knox made motion to adjourn and Ed Moore seconded. Vote was unanimous. The meeting adjourned at approximately 7:55 P.M. Amy Shelley Planning & Zoning Assistant Approved on: June 14, 2005 Note: As a matter of public record, an audio recording of this Zoning Board of Adjustment meeting is available upon request. Zoning Board of Adjustment Minutes - May 10, 2005 Page 3 of 3 -~~-----------~---~---~-,_.- .."...,-~......"._.,------------------~.,"'- .~ Tex.as PLANNING AND ZONING COMMISSION MEETING MINUTES - May 23, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Dave Dudziak, Luann Edwards, John Blassingame, Denis Duffy and Jeff Byerly were present. Absent: Thomas Dolan, Thomas Bartkowski Barry LeBaron, Chris Fuller, Amy Shelley, Robert Woods and Jeff Jones from staff were present. INVOCATION The invocation was given by Commissioner Edwards. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Edwards moved to approve the minutes of the May 9, 2005 meeting with corrections on page 2, remove "conditional", page 1, change "raise" to "raze", page 3, third paragraph needs to be reworded, page 9, last full paragraph needs to be reworded for clarity. Commissioner Dudziak seconded. The motion was approved by the following vote: Aye: Dudziak, Edwards, Blassingame, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-05-013- Preliminary plat for Braemar Addition on 15.662 acres out of the B.B.S. and C.R.R. Survey, Abstract 211 and the A.T. Young Survey, Abstract 1756 located at 5000-5201 Fry Lane Chris Fuller presented the case and briefed the Commissioners. Commissioner Edwards questioned staff in regards to Fry Lane being brought up to City standards, will it be brought up to standards? Barry LeBaron replied correct and briefed the Commissioners about the history of Fry Lane, the street was a 30-foot access easement, however the property owner's did not have control over all of the 50 feet of right-of-way. Therefore, they went to City Council and asked for a waiver of the perimeter street improvements. City Council approved the waiver, provided Planning & Zoning Commission Minutes - May 23, 2005 Page 10f5 the owner's a.) Put two inches of asphalt down b.) Widen the street to the Fire Department's requirements and c.) Maintain it. During the platting process, City Council had the statement added to the plat regarding Fry Lane being a private street, not a public street. These property owners are going to extend the water utilities and put in a fire hydrant. Commissioner Dudziak stated the waiver for street improvements only covers thru lots 7, not lot 8. Barry LeBaron replied Fry Lane has already been asphalted all the way down including lot 8. Commissioner Duffy stated having lots of questions for the applicants. Steve Stallard, 5100 Fry Lane, the applicant and Faye Alldredge, 5001 & 5004 Fry Lane, the applicant as well, presented their request and briefed the Commissioners about the project and intentions. Commissioner Duffy questioned the applicants if there are any plans for houses and utility services? Mr. Stallard replied there are 3 homes that already exist. Jackie Fluitt, GSWW, the engineer, briefed the Commissioners about the utility services that will be provided to the lots. Commissioner Duffy questioned Mr. Fluitt where they are going to stub out from Rockrimmon? Mr. Fluitt used the drawings to explain where the utility lines are going to be established. Commissioner Duffy questioned Mr. Fluitt when the line would be completed? Mr. Fluitt stated the line is being completed now. Commissioner Duffy questioned where the fire plug will be? Mr. Fluitt stated in the southeast corner of lot 1. Commissioner Duffy stated that from the southeast corner to the northeast corner of lot 4 is a long stretch. Are there any plans to put any more fire plugs in? Mr. Fluitt replied at the time of constructing a home on that lot, they can analyze if a fire plug will be required to meet the fire code requirements. Commissioner Duffy questioned Mr. Fluitt on the submission there will be an 8 in. water line thru the southern side of lot 7 and a 15-foot easement, however, there is only 7 % feet showing on the plat, are we assuming the other 7 % feet belongs to the property owners on the north end? Mr. Fluitt replied being under the impression the easement was changed to 15 foot on lot 7. Commissioner Duffy questioned staff about the road, in the future when this is built out, the city will be responsible for putting in a road. What is the guarantee that Fry Lane will not be the city's responsibility for updating? Barry LeBaron replied an amended plat would have to be filed to take the language off the plat for the city to accept the responsibility to take over the street and a developer's agreement would have to be filed between the property owners. Barry LeBaron stated these property owner's have brought the road up to speed by what the City Council approved in the resolution. Commissioner Duffy stated being concerned with the future of the street being the tax payer's responsibility. Commissioner Edwards stated the city does not have to accept the street regardless of the condition of the road. Planning & Zoning Commission Minutes - May 23, 2005 Page 2 of 5 Commissioner Duffy stated having concerns with the utility and drainage layout being submitted to the city. Mr. Fluitt stated those plans have been submitted to the city and they have been reviewed. City Engineer, Robert Woods confirmed the plans had been submitted. Commissioner Duffy questioned staff about the language being different, the front set back, has it been moved back to 20 feet from the right-of- way line, and is that a 40 foot set back? Barry LeBaron replied that refers to the city wanting the developer to dedicate an additional 20 feet beyond the 30 foot that is part of the easement in order to have a full 50 foot of right-of-way for that location. Commissioner Duffy stated having concerns with the approved resolution, a 24-foot wide pavement, and Fry Lane to be maintained at the expense of the property owner's or property owner's association. Commissioner Duffy questioned is there a covenant to hold harmless the city for all accidents or incidents and maintenance of that road, or is that statement just a word of mouth type issue? Mr. Stallard replied nothing is being drafted right now, but it is something that will be in the works. We, the property owners, plan on having an agreement Commissioner Duffy questioned the applicant's if the plat is approved with those restrictions, would those conditions work prior to any building permits being issued? Mr. Stallard replied absolutely. Mrs. Alldredge stated the financial institution has held the property owner's responsible for the road. Mrs. Alldredge went on to state the road being a great improvement from before the asphalt was placed. Commissioner Duffy concurred with Mrs. Alldredge the road being an improvement; however, he stated the tax payers should not have to be burdened by the cost for the maintaining of the road in the future. Commissioner Duffy made motion to approve case P-05-013 with the conditions a) that the property owner's sign a hold harmless agreement waiving city responsibility for any accidents within the Fry Lane right-of-way, b) the property owner's establish a Home Owner's Association, c) the HOA must maintain and improve Fry Lane prior to city acceptance of the roadway as a public street and d) the easement along the southern portion of Lot 7 should be increased to 15-feet. Commissioner Edwards seconded. The motion was approved by the following vote: Aye: Dudziak, Edwards, Blassingame, Duffy and Byerly Nay: None 2. Case P-05-021- Preliminary plat for Alianne Estates Addition on 14 acres out of the T. White Survey, Abstract 1692 located at 512 and 600 Shelton Drive Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff about the perimeter street cost for improving Shelton Drive; does that include easement and escrow for a sidewalk at some time in the future? Barry LeBaron replied correct. Commissioner Duffy questioned staff for clarity, that if this plat is approved, with the understanding that they pay all Planning & Zoning Commission Minutes - May 23, 2005 Page 3 of 5 perimeter costs, the sidewalk will be included at some time in the future? Barry LeBaron replied correct. Commissioner Dudziak questioned staff if the escrow funds go back into the general fund after a certain period of time? Barry LeBaron replied the funds stay as part of the perimeter street funds. Commissioner Dudziak questioned staff if the funds could be pulled back into the general fund? Barry LeBaron stated not knowing if there is a time limit. Commissioner Edwards stated there being a time limit of about 10 years. Commissioner Dudziak stated thinking there was some time limit and questioned Commissioner Duffy if he is comfortable with waiting 10 years? Commissioner Duffy replied being comfortable with the 10 years. Jeff Vanderpool, 605 Shelton Drive, the applicant, stated not wanting to be forced to have to build the sidewalk at this time. Commissioner Dudziak questioned Mr. Vanderpool if there will be a Homeowner's Association (HOA). Mr. Vanderpool stated there would be a HOA, but not a gated community. Commissioner Dudziak questioned Mr. Vanderpool if the HOA would be added to the final plat? Mr. Vanderpool replied yes. Commissioner Dudziak questioned Mr. Vanderpool for clarity what the minimal design standard covenants meant in the waiver? Mr. Vanderpool stated not wanting to tell people what they can or can not do with the building of their home; we want this neighborhood to blend in with the area. Commissioner Duffy questioned staff about what does the applicant mean about restricting covenants? Barry LeBaron stated this is straight zoning and we would not get involved with any architectural design of the homes. Commissioner Duffy stated to Mr. Vanderpool that any design covenants, he puts in, are going to be in the deeded covenants, not what the city will restrict. Mr. Vanderpool replied knowing what the city requires, only having concerns with the sidewalk being built at this time. Commissioner Duffy stated the sidewalk is just part of the perimeter street escrow. Commissioner Edwards questioned Mr. Vanderpool which way the homes on Shelton drive will face? Mr. Vanderpool stated those homes will face Shelton Drive. Commissioner Byerly questioned staff with regards to escrowing the perimeter street improvements, what mechanics do we have to put in the motion to cover the improvements. Barry LeBaron replied the only motion would be to include approving this development with the required perimeter street improvements for all the public improvements, that way it will be clear that you are not approving the waiver of the sidewalk. Commissioner Duffy made motion to approve case P-05-021, subject to the condition that the developer dedicates sidewalk easement and escrow estimating cost of 5-foot sidewalk along Shelton with the perimeter improvements. Commissioner Dudziak seconded. Planning & Zoning Commission Minutes - May 23, 2005 Page 4 of 5 The motion was approved by the following vote: Aye: Dudziak, Edwards, Blassingame, Duffy and Byerly Nay: None Barry LeBaron stated not having the applicant put in a sidewalk before the engineering is done for a bar ditch street. It is better to defer the building of the sidewalk until it is better for the improvements of the street. STAFF REPORTS Barry LeBaron stated the workshop will be scheduled for a time in the future where all Commissioners will be able to attend. COMMISSIONER COMMENTS ADJOURNMENT The Commission adjourned the meeting at 7:35 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: June 13, 2005 Planning & Zoning Commission Minutes - May 23, 2005 Page 5 of 5 .~ 7'e:ca8 PLANNING AND ZONING COMMISSION MEETING MINUTES - June 13, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. ROLL CALL Present: Commissioners Thomas Dolan, Dave Dudziak, Thomas Bartkowski, Luann Edwards, John Blassingame, Denis Duffy and Jeff Byerly were present. Barry LeBaron, Chris Fuller and Amy Shelley from staff were present. INVOCATION The invocation was given by Commissioner Duffy. PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Edwards moved to approve the minutes of the May 23, 2005 meeting with corrections as follows: 1) page 2, to add the word "is" in front of being in the seventh paragraph; 2) page 3, add "the City Engineer confirmed the plans had been submitted" to the first paragraph; and 3) change "owner's" to "owners" in the third paragraph. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS 1. Case P-05-019 - PUBLIC HEARING - Final Plat of Lots 3R1 and 3R2, Block 1 of the Maass Estates Addition, being a replat of Lot 3, Block 1 of the Maass Estates Addition Chris Fuller presented the case and briefed the Commissioners. Commissioner Duffy questioned staff if there is a house on the property or is it gone? Chris Fuller responded the house has been removed. Commissioner Duffy questioned staff in regards to the tree replacement plan? The Development Review letter states wanting a plan for tree removal from the applicant and the applicant's response is that there would be no trees removed. Commissioner Duffy states a house could not be placed on the lot without removing some trees. Barry LeBaron replied they are allowed to remove any trees that are in Planning & Zoning Commission Minutes - June 13, 2005 Page 10f5 the building foot print. Commissioner Duffy questioned staff if the remaining trees would have drip line protection? Barry LeBaron replied correct. Commissioner Byerly opened the public hearing at 7:14 p.m. There being no one wishing to speak, the public hearing was closed at 7:14 p.m. Commissioner Edwards made motion to approve case P-05-019. Commissioner Bartkowski seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None 2. Case Z-05-017 - PUBLIC HEARING - Amendment to Chapter 3, Section 3.24 of the Land Development Code regarding Planned Unit Development rear yard set-back regulations Barry LeBaron presented the case and briefed the Commissioners. Commissioner Edwards questioned staff in regards to the public hearing heard by the Zoning Board of Adjustment, if all the surrounding lots are zoned PUD? Barry LeBaron replied yes. Commissioner Edwards questioned staff in regards to the city having a town home ordinance? Barry LeBaron stated the city has a zoning district for multi-family, which could be town homes. The city also has a duplex district and this district would apply to the attached units. Commissioner Edwards questioned staff in regards to the Zoning Board of Adjustment case, what in that case does attach mean? Barry LeBaron replied attach means they share a common wall. Commissioner Edwards questioned staff if they share the whole wall or part of the wall? Barry LeBaron stated they could share the whole wall, but they are generally attached and they have a common wall somewhere between the two. Commissioner Edwards stated wanting to preserving the possibility of having town homes with a common wall. Commissioner Edwards questioned staff if this is covered some where else in the code? Barry LeBaron replied yes. In the past, it appears the intentions were to "clean up" the language for this part of the code, but it was never done. Commissioner Edwards stated the intentions were there to do so, but it never happened. Commissioner Bartkowski questioned staff in regards to being able to remove the language altogether? Commissioner Edwards responded there needs to be something in the code to address the PUD regulations. Barry LeBaron replied the table regulations, for the PUDs, are related to each other in the footnotes. He stated Colleyville uses these guidelines for most PUDs and since provisions have since been made in ordinances relevant to those PUDs, the same set backs have been used, as in this table. He stated not wanting to eliminate the language altogether because there are still some PUDs in Colleyville that do not have an ordinance to set Planning & Zoning Commission Minutes - June 13, 2005 Page 2 of 5 the guidelines. Commissioner Edwards questioned staff if someone were to take advantage of the 10-foot set back, could they have a roof line that extends past the building line? Barry LeBaron replied there is not a provision in regards to the roof line; we allow the roof line to extend beyond the building line by 24 inches in the rear. Commissioner Edwards questioned the roof height? Barry LeBaron replied there is not a provision to off-set the roof height. Some PUD ordinances may have language stated in their particular provisions to off-set the roof height with the building lines. Commissioner Edwards questioned staff about the suggested change for G, she stated a 5 foot side yard set back is too small, it should be 10 feet. Commissioner Edwards used Bridlewood addition as an example stating they used a combination of 5 and 10 feet so that each home would have a 15 foot side yard set back. Barry LeBaron replied staff does not have any issue with what is being requested. He stated not knowing if the new provisions would create any problems; most everyone respects the 10 foot side yard set back requirement. Commissioner Edwards stated those particular PUDs that have smaller side yards, those provisions are stated in their ordinance. Barry LeBaron concurred. Commissioner Edwards questioned staff about the language for the E and F as stated in the table for district regulations? Does F need to mention something about a multi-family? Barry LeBaron replied those are for the commercial districts. Commissioner Edwards concurred, but what if a multi-family was adjacent to a commercial building, would you allow them to be right up on the building, and would this cover all of our possibilities? Barry LeBaron replied that it allows two adjacent commercial properties to be able to build right up to the property line. Commissioner Edwards questioned staff in regards to what if they were right up against a multi- family, the code states single family. Barry LeBaron replied that would be something that would have to be amended at a separate time because that amendment is not on the table for tonight's discussion. Commissioner Duffy questioned staff in regards to fire access between the units? Barry LeBaron replied the fire access is not provided between units, it is provided from the public street. If there was an alley, then you could provide the fire access through the alley, but not sure if there are any alley situations in Colleyville. Commissioner Byerly questioned Commissioner Duffy if he meant the side set back as being the fire easement or break between the units? Commissioner Duffy responded yes. Commissioner Duffy stated if there are houses 5 feet from each property line yet the fire truck can only go to the street, you need some room for the firefighters to take a hose to the back of the house. What are we looking for in minimal fire protection for the back of the lot? Barry LeBaron replied the only thing that would cover the fire protection would be the building code. The fire code also has some provisions that if you have walls that are within 10 feet in residential neighborhoods, then you have to upgrade that wall to be a fire rated wall. So there are provisions that if you were to make the walls narrower than the 5 feet, those walls would have to be fire rated. Planning & Zoning Commission Minutes - June 13, 2005 Page 3 of 5 Commissioner Duffy stated there should only be a minimal of 10 feet for the side and rear set backs. Commissioner Duffy questioned staff if the intentions are to go lower than 5 feet on the set back? Barry LeBaron responded no, not lowering the set back maintaining the 10 feet. Commissioner Byerly stated this is to help cover those PUDs that were passed that did not have an ordinance. Barry LeBaron replied correct, this will only be applicable to those PUDs that do not have set back provisions in an ordinance. Commissioner Edwards questioned staff if there is an example of a PUD that does not have its own ordinance? Chris Fuller replied the Cascades at Timarron. Commissioner Edwards stated that was a concept plan initially, did they not ever add it to the plat? Chris Fuller responded they had it on their meets and bounds. Commissioner Byerly opened the public hearing at 7:35 pm. There being no one wishing to speak, the public hearing was closed at 7:35 pm. Commissioner Byerly stated wanting the language to be cleaned up to clearly state that if the PUD does not have an ordinance then it will have to follow the set back requirements set forth in this table. Commissioner Edwards concurred. Commissioner Duffy stated wanting the table to be clear with a front and side yard set back of 5 or 10 feet and then the council can change any ordinance they need to change it. Commissioner Byerly concurred with Commissioner Duffy, however, he stated wanting the amendments to be really clear so that future applicants will understand what they will need to follow. Commissioner Duffy questioned City Attorney, Matthew Boyle what has been approved in the past can not be changed, and however, what are approved in the table will be the guidelines to follow? Attorney Boyle concurred with Commissioner Byerly in that one property can not use another property's provisions if the said property is not in the subdivision that the ordinance applies. Commissioner Byerly stated the need for clarity for the ordinance and provisions for the set back requirements. Attorney Boyle stated the ordinance would have to be applicable to that particular subdivision or property. Barry LeBaron suggested to the Commissioners to delete item G in the table to eliminate the confusion, because the side yard is not the issue, the rear yard, to go past the 25 feet, is the issue. Commissioner Edwards concurred with Barry LeBaron; this provision was intended for garden or town homes, not for single family residential. Commissioner Bartkowski stated zero lot line homes are around and they may be in Colleyville someday. Barry LeBaron replied the PUD regulations are there to govern the potential for zero lot line homes. Commissioner Edwards stated to the Commissioners what needs to be decided is what the minimum side and rear yard set backs need to be, whether they are 5 foot or 10 foot, which is what needs to be decided upon. Barry LeBaron stated never having seen a table set up like this with PUD regulations being on the table. Planning & Zoning Commission Minutes - June 13, 2005 Page 4 of 5 However, this table was relied on for establishing PUD regulations before ordinances were put in place for PUDs. Commissioner Byerly made suggestions to amend Chapter 3, Section 3.24.F, paragraphs G and J of the Land Development Code with the following amendments: 1) 10 foot side yard set back; 2) delete section G; 3) use section H; 4)10 foot rear yard as set in section J is acceptable. Commissioner Duffy made motion to approve case Z-05-017 with the amendments to delete section G and include the rewording for item J as suggested by staff. Commissioner Edwards seconded. The motion was approved by the following vote: Aye: Dolan, Dudziak, Bartkowski, Edwards, Blassingame, Duffy and Byerly Nay: None STAFF REPORTS Barry LeBaron thanked the Commissioners for coming to the work session. COMMISSIONER COMMENTS Commissioner Duffy thanked Attorney Boyle for the work session. ADJOURNMENT The Commission adjourned the meeting at 7:55 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: June 27,2005 Planning & Zoning Commission Minutes - June 13, 2005 Page 5 of 5 RESOLUTION R-05-2569 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JULY 12, 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 David Kelly Mayor