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Home My WebLink AboutCity Council-Agenda Packets-1/3/2006 city Of CITY COUNCIL MEETING CITY COUNCIL CHAMBERS 100 MAIN STREET JANUARY 3, 2006 5:30 P.M. - PRE COUNCIL AGENDA EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1. Discussion of appointing a temporary citizen Committee to review and develop a Street Capital Improvement Plan (CIP) PC-2. Presentation of the proposed SH26 Redevelopment Plan PC-3. Discussion of The North Central Texas Council of Governments (NCTCOG) Sustainable Development Program and the 2005 Regional Transit Council (RTC) - Approved Call for Projects PC-4. Discussion of the January 3, 2006 City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Brian K. Meroney vs. City of Colleyville George Hencinski and Rose Mary Hencinski vs. David C. Banning, Tamara S. Banning and City of Colleyville, Texas Sec. 551.071 - Sec. 551.071 - 100 MAIN STREET COLLEYVILLE, TEXAS 76034 (817) 503-1000 Sec. 551.072 - Sec. 551.087 - Property Acquisition 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: Sister Dorothy Eggering, Good Shepherd Catholic Community 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-06-2636 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS PRESENTATION - In recognition of service on the Parks and Recreation Advisory Board - Jerry Birkes and Gil Turner PRESENTATION - In recognition of service on the SH26 Advisory Committee - John Gober and Chris Strittmatter CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-06-2637 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 13, 2005 b. Approval of a request for a Waiver for the construction or escrow of funds for sidewalks on Lot 7, Block 2, of the Highland Acres Addition, located at 313 Timberline Drive North, Case G-05-014 c. Approval of an Interlocal Agreement with Tarrant County for the Street Overlay Program and authorize the City Manager to execute the agreement d. Approval of a construction contract with Viking Construction for street improvements in Windview Estates, in the amount of $100,000, and authorize the City Manager to execute the contract e. Approval of a design contract with Baird, Hampton & Brown, Inc., for the Church Street realignment project, in the amount of $59,750, and authorize the City Manager to execute the contract f. Approval to allow the City to accept proposals from and award a bank depository contract to a Texas financial institution outside the City limits PUBLIC HEARINGS: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1559 - Approval of a Zoning Change from AG Agricultural and R40 Single Family Residential to PUD-R Planned Unit Development Residential on 3.756 acres, located at 5204 to 5212 Pool Road, Case Z-05-033 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1560 - Approval to amend the Zoning and Development Requirements of the Planned Unit Development for the Village at Colleyville Addition, located at Main Street and Pleasant Run Road, Case Z-05-034 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-06-1561 - Approval of a one year extension of the current TXU franchise 8. READING AND PUBLIC HEARING - Resolution R-06-2638 - Appointing a Tax Increment Financing District Board of Directors' Chairman CITIZEN COMMENTS: 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA This item is provided for citizens to address the City Council on matters not on the agenda. Each presentation will be limited to five (5) minutes. State law requires that before the City Council can discuss or take action on an item, the specific subject must be posted in advance. Therefore, while the City Council is interested in your comments, the City Council cannot enter into discussions or take action on your request at this meeting. REPORTS: 10. LIBRARY BOARD MINUTES - November 14, 2005 PLANNING AND ZONING COMMISSION MINUTES - November 28,2005 ACTION/RESOLUTION: 11. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 3, 2006 - Reading and Public Hearing - Resolution R-06-2639 ADJOURNMENT 12. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, December 30, 2C;:;~~~/JfA\ 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 ((V,~ ~~~D0 IL-:'I:~$ AGENDA BRIEFING MEETING DATE: 01/03/06 CITY MANAGER ! ~. ITEM#: PC-1 DEPARTMENT HEAD I FINANCE REVIEW I Previous Action: None DEPARTMENT: OFFICE OF CITY MANAGER SUBJECT : Discussion of appointing a temporary citizen committee to review and develop a Street Capital Improvement Plan (CIP) Update This item is provided as a follow up discussion for the City Council calling for a temporary committee to develop a street capital improvement program. The City Council will need to finalize, among other items, the committee structure, scope-purpose and timeline. During the December 12 Pre City Council meeting, the City Council discussed various items related to the organization of hosting a citizen based committee to evaluate possible capital street improvements. The following is a summary of the discussion from the meeting. It was generally accepted by the City Council that funding for street improvements will be provided by debt financing. The general consensus of the City Council was to appoint a thirteen member committee consisting of the following members. Standin Committees Individual Council A ointees Council Grou Appointees P&Z Commission 1 6 individuals 3 individuals SH26 Advisor 1 Traffic Safet 1 ) Appointment to the Street CIP Committee would be provided by: · The Chairperson from each of the four standing committees would be appointed as the representative to the Committee. · The six citizen appointments would be individually selected by the Mayor and City Councilmembers for automatic appointment to the Committee. · The remaining three appointees would be nominated by the Mayor and City Councilmembers but voted on by the five City Councilmembers. With a committee structure of thirteen members, it will be invaluable for the City Council to consider members having broad community recognition. The City Council will want to evaluate citizens representing the community through, among other things: neighborhood; business; civic; and education affiliations. The general discussion was that the Committee should strive to establish various means to engage the public in both identifying community based street projects and educate the general public regarding the need for street improvements. The consensus of the City Council was Pre-Council Agenda Briefing PC-1 Page 2 of 3 that the committee centrally look at only street improvements and not consider landscaping, sidewalk-trail, or other non specific street improvements. 12-13-05 Update This item is provided as requested by the City Council to allow further discussion concerning the format, issues and potential members to serve on a citizen's street CIP study committee. During the November work session, the general consensus of the City Council was for the committee to concentrate on project funding being provided by a debt financing. Additionally, the City Council discussion was for the focus of the group study to be concentrated specifically on roadway improvements only. 11-01-05 Briefinq During the 2006 Budget Worksession, the City Council identified an interest to appoint a citizen based committee to explore developing a street capital improvement plan for capital street improvements. Staff recommends that the committee be charged with developing also a financing plan based on the prioritization of projects. This Pre Council agenda item provides an opportunity for the City Council to begin the discussions on forming this committee and defining its goals and purpose. This work effort is in support of the 2006 Work Plan goal of improving streets within the city The number of individuals serving on the committee is less critical then the credibility and background of the members. However, it is suggested that the committee have seven to thirteen members. Since the committee is singularly focused on developing only a proposed street CIP, a larger committee is not needed. In considering the committee membership, the City Council will want to consider members with a broad background related to developing a proposed street capital plan. To achieve this, it is recommended that the City Council consider among other background/profiles for membership: Banking/finance Business person Citizen Civil engineering Developer/Broker Former elected official General street contractor HOA representative Planning & Zoning Commissioner Urban planning/public administration In moving forward with this initiative, a supporting element missing will be not having currently a permanent Director of Public Works. Recognizing the attention given by the City Council, it is recommended that the City Council proceed at least with discussing forming the committee, identifying the work assignments and developing the background/profile of members. It is anticipated that the Director position will be filled by January. Based on allowing adequate opportunity for the City Council to consider the various elements into forming the committee, and adjusting for the holidays, an item can be scheduled by the January 3 meeting for committee appointment. As part of the overall discussion, the City Council will need to begin a discussion on how the report will be used and action plan/calendar for implementation. Staff recommendation is that Pre-Council Agenda Briefing PC-1 Page 3 of 3 meetings and other avenues to ascertain the interests of the public in formalizing a street CIP and corresponding financing plan. Included with the briefing material is the presentation to be used at the Nov. 1 Pre City Council meeting. In addition, a draft resolution is provided for the appointment of the committee. Staff recommendation is for the City Council to select the appointment of members to this committee similar to the process for the Citizens Charter Review Committee by identifying members to ensure the appropriate backgrounds and familiarity of issues anticipated to be addressed by the committee. Attachments . Developing a Citizen Based Plan - PowerPoint . Draft Resolution Streets Capital Planning Developing a Citizen Based Plan Pre City Clunell Mev.mbor 1, 2005 ~ 2006 Work Plan Goal Enhance the maintenance and reconstruction of city roads and streets. I Objective: Develop a five year street plan identifying funding require- ments 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. 1 ~ Citizen based initiative During the 2006 budget worksessions, the City Council identified a goal of organizing a citizen ,: based committee to review potential projects for capital street improvements to address both , thoroughfares and residential streets. ~ Proposed Process . Receive Committee Report . Obtain conununity inplJt . Select projects and funding . Call election ---. -<*~ ~;...o>'~ ...'" 0 ~ .-!:J- . . Debt Financing ~:..'O '.. . ( , I( . Cash Financing '" Receive CoolOlunity input . Develop list of street projects . Propose funding options . Make recommende:ltion .. Select Projects and Funding Plctn " Public input 2 ~ Committee Composition [] Seven to thirteen members [] Be broad-based within the iI community, including as example .. Banking/financing II Business representative .. Citizen .. Civil engineering .. Developer I Brok~~r .. Former elected official .. General street contractor .. HOA representative .. Planning & Zoning Commissioner .. Urban planning/public administration [] Have immediate credibility ~ SCOpe olthe Committee o Council determine date the report is due o Committee budget (engineering, surveying, etc.) o Aspects of the study (to be determined) .. Prepare summary only or recommend specific streets/funding .. Include trails & sidewalks .. Consider any traffic calming techniques (i.e. traffic circles) .. Should any hard-soft landscaping be considered .. Look at only streets and or intersections .. Evaluate any Best Practices of other cities for project financing III Use citizen surveying to gauge attitudes and support o Evaluate financing options III Pay as you go, III Debt financing, and or II Current cash 3 ~ Public Involvemem o Town Hall meetings .. Geographic areas, or .. Community wide :m: 0 Special focus group meetings i II HOA representatives III Realtors and br"okers .. Citizen volunteers o Telephone surveying Elements undertaken by both the Committee and Council ~ Work Plan , o Initial joint meeting with Council o Committee work .. Community input meetings .. Evaluate possible projects .. Deternline financing capabilities .. Select projects within funding availability .. Community input on projects and financing o Present summary findings to Council o Council conduct community meetings 4 How do we Det there o Determine to move forward at this time o Appoint Committee by December o Committee completes work o Council accepts report o Call for election and or initiate funding within allowable limits by Council ~ Direction Questions and Answers 5 RESOLUTION R-06- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLEL YVILLE, TEXAS ESTABLISHING AND APPOINTING A TEMPORARY STREET CAPITAL IMPROVEMENT PLANNING COMMITTEE, IDENTIFYING THE GOALS OF THE COMMITTEE, ESTABLISHING A DATE FOR THE REPORT SUBMITTAL, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council wishes to establish a temporary committee to evaluate and prioritize transportation infrastructure needs and identify possible funding by allocation of available cash balance and or through the issuance of long term debt. WHEREAS, the City Council desires the temporary committee to consist of a broad representation of citizens from all areas of the community. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Section 1: THAT a temporary Street Capital Improvement Planning Committee is formed. The Committee will be composed of members appointed by the City Council. Committee members shall be residents of the City of Colleyville. The following citizens are appointed: (Insert Committee Appointment Names) Section 2: THAT is appointed as temporary Chair to convene the first meeting at which time a permanent Chair is to be selected by the Committee members Section 3: THAT the City Manager and or his designee shall provide administrative support services to the temporary Street Capital Improvement Committee Section 4: THAT the Committee shall use its best efforts to issue a final report to the City Council by , 2006. Upon issuance of the final report, the work of the committee will be completed and the terms of the Committee members will be concluded. Section 5: THAT the Committee responsibilities will include, but not be limited to the: 1. Promotion of the active involvement of the general citizenry through the use of, but not limited to focus groups, town hall meetings and surveys. 2. Review of streets and thoroughfares in need of reconstruction within the next ten years with the prioritization of proposed projects. 3. Evaluation of alternative traffic calming techniques such as traffic circles for enhancement to traffic management. 4. Identification of projects requiring asphalt or concrete reconstruction and corresponding costs including ROW, engineering and construction. 5. Focus work on only street improvements and not include landscaping, sidewalks- trails or other non street related improvements. Section 5: THAT the Committee will have as its purpose the prioritization of the needs of the Colleyville community with respect to capital improvement projects funded by allocation of available cash balance and or the issuance of general obligation bonds and repaid through ad valorem taxes. Section 6: This resolution is in effect immediately from and after its adoption. AND IT IS SO RESOLVED AYES, ,2006. NAYS AND ABSTENTIONS ON PASSED BY A VOTE OF THIS THE DAY OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor PRE COUNCIL cc@n", AGENDA BRIEFING il.,~x~$ MEETING DATE: ITEM#: 01/03/06 CITY MANAGER 1- PC-2 DEPARTMENT HEAD I FINANCE REVIEW I Previous Action: None DEPARTMENT: OFFICE OF CITY MANAGER SUBJECT: Presentation of proposed SH26 Redevelopment Plan. This agenda item is provided to offer an update of staff work efforts in developing a study addressing the redevelopment of SH26. One of the City Council work initiatives for FY06 is to evaluate potential sites for redevelopment along Colleyville Boulevard, particularly those sites that will be significantly impacted by the reconstruction of the roadway. The planned expansion of the road over the next few years from its existing four-lane configuration to a six- lane facility will have a significant impact on many of the properties situated adjacent to the highway through Colleyville. In some situations, the acquisition of right-of-way may limit the future redevelopment of a number of properties due to the loss of parking spaces or limited customer access. The highway reconstruction project may also present reinvestment opportunities for older properties where consolidation or reassembling of various parcels may be feasible. Staff is planning an evaluation of the redevelopment potential along SH26. During the last two months, staff has reviewed the corridor to identify areas for further study. It is anticipated that the timeline to complete the work will be approximately fourteen to eighteen months. A comparable cost of a consultant to complete the level and scope for this type of study is approximately $95,000 to $150,000. In completing the study, staff will incorporate opportunities for public input (residents, property owners and developers). In meeting this component of the work effort, a similar format of public meetings will be incorporated reminiscent of the City Master Plan Update. The goal of the study is to offer to identify: . Possible modifications to regulations . Viable incentives to promote development . Environmental or physical barriers . Development concepts not previously identified . A sense of destination along the corridor At the January 3, 2006 Pre-City Council meeting, staff will make a brief presentation of the proposed work effort and seek comments and input regarding the planning process for this project. Attachment . SH26 Redevelopment Plan Presentation . '1:S ~ pi) :sJ <U tS ~ (S) s ,~ ~ ,~ ~ s en -- en en ~ E.. 0\ o E.. Q.i/.. -.."........ ~.".._-- ~ -a a o E.. ~ ..c f- t C'-. C'-. C'-. J1 4.J ~ C'-. ~ cs q) ::sJ C'-. :s ..s: ..s: ..s: $ V) ~ ~ ~ :t CJ c o -- +- u ::J L. +- en s:: o U L. ~ -a s: ::J en >- a ~ - a 'U (1)~ =::s .- () > 'U ~:i5 (1)~ _ Cl -~ Oc:s o~ <( . 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D:: '"C o Q) S .c - I- 0 0 0 0 0 :sJ tJ) ~ c: ~ ~ <C c c.) -c <+-- c c: ~ co .... <U tJ) ($ ~ (1) ::s (S) s a ,~ ~ ,~ ~ s t C'-. 4.J cs ..s: ~ C'-. ~ q) ..s: ~ C'-. ::sJ ..s: ~ C'-. 5 :t C'-. ~ :s V) CJ PRE COUNCIL ((\J,~ ~~~:~!ll'~ jl'~::\:; AGENDA BRIEFING MEETING DATE: ITEM#: 01/03/06 PC-3 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None '1k- DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: The North Central Texas Council of Governments (NCTCOG) Sustainable Development Program and the 2005 Regional Transit Council (RTC)-Approved Call for Projects The North Central Texas Council of Government's (NCTCOG) Regional Transportation Council (RTC) has announced a second Sustainable Development Call for Projects. The first Sustainable Development Call for Projects was in 2001. This Sustainable Development Program is in reaction to the population growth experienced in the region. The NCTCOG reports that the population has, during the three-decade period leading to 2005, increased at the rate of approximately one million people per decade. Sustainable Development Call for Proiects 2001 Colleyville submitted an application to NCTCOG to be considered during the 2001 Sustainable Development Call for Projects. The components of that application included on-site improvements to promote pedestrian activities within the Village at Colleyville mixed-use development, as well as an off-site component that included a pedestrian sidewalk linking the Village at Colleyville to the Cottonbelt Trail and Pleasant Run Soccer Complex, with future connection to a commuter rail system. As a point of note, the on-site improvements included an upgrade of sidewalk trees from 3-inch caliper to 6-inch caliper, enhanced playground equipment and other park improvements such as fountains, trellises and bike racks, etc. The total project cost was $631,476. The project total for the on-site improvements was $289,500 of that amount, with the 20% local share match (required by the granting authority) of $57,900 being provided by the Village at Colleyville developer. The project total for the off-site improvements was the remaining $341,976 of the $631,476, with the 20% local match of $68,295.20 being provided by the City of Colleyville. This proposal was not identified by NCTCOG as an approved project in 2001. Please see attachment "0" for a list of the approved projects for the 2001 Call for Projects. Sustainable Development Call for Proiects 2005 For the 2005 Sustainable Development Call for Projects, the RTC has allocated approximately $40 million in federal transportation funds to promote development types that reduce the overall demand for transportation infrastructure and improve air quality. Funding is available for transportation infrastructure improvements related to sustainable development projects, land banking, and local sustainable development planning programs. Funding goals consist of: Pre-Council Agenda Briefing PC-3 Page 2 of 5 expanding rail service accessibility, supporting transit-oriented developments, and supporting local infill developments (See Focus Areas below). Focus Areas include: . Rail: Walking Distance to Current or Potential Future Station Location . Infill: Developed Area With a Concentration of Unemployed Persons, High Emitting Vehicles, or Low Income Households . Infill: Historic Downtowns With Multiple Contiguous Street Block Frontage of Pedestrian- Oriented Developments The types of funding for the 2005 Call for Projects include: . Surface Transportation Program - Metropolitan Mobility (STP-MM) funds; . Congestion Mitigation and Air Quality Improvement Program (CMAQ) funds; and . RTC/Local funds. Projects may be funded with federal or local funds. All funding is handled on a reimbursement basis whether federal or local funds are used and expenditures made prior to signing an agreement on the project will not be eligible. The Program requires a 20% local match for each project whether funded with federal or local monies. Over-matching any project is not allowed. Cost overruns will not be the responsibility of the Regional Transportation Council. Local partners will be responsible for any cost overruns. Projects built with federal funds will follow the standard Texas Department of Transportation (TxDOT)/Federal administrative process and design standards. Projects built with local funds will follow the administrative process and design standards of the public sector sponsor under an interlocal agreement with NCTCOG. NCTCOG believes that, when using the local funding option, projects can be completed in six to eighteen months. Projects must be consistent with the Regional Transportation Council approved Screening/Project Selection Process and the Regional Transportation Council approved Sustainable Development Areas of Interest. Please see attachment "E" for a map of the identified Sustainable Development Areas of Interest. It is important to note that appropriate zoning regarding the proposed projects must be in place no later than January 20, 2006, the last day to turn in applications. Additionally, the sponsoring public agency must demonstrate a public/private partnership, and a letter of support from an active private-sector partner currently working on a development in the impacted area is required. Application Timeline An online application and two signed paper copies must be submitted to NCTCOG by 5 p.m., January 20, 2006. A draft recommendation will be presented to the Surface Transportation Technical Committee (STTC) in February 2006, and the RTC will take final action in April 2006. After all applications go through a selection process, a second set of public meetings Pre-Council Agenda Briefing PC-3 Page 3 of 5 will be held to review staff's recommendations and allow for public comment. The recommendations will then be presented to STTC in February 2006 and RTC for final action in April 2006. What the Citv of Collevville is Proposinq - Elements of Collevville Application The City of Colleyville will be submitting an application for consideration under conditions for transportation infrastructure projects. As such, the application submitted by the City of Colleyville is subject to the minimum criteria for transportation infrastructure projects set forth by RTC and previously mentioned. There were two types of land use developments identified during the development of the 2005 Call for Projects - (1) a street pattern pertaining to high vehicle miles traveled (VMT); and (2) a development that allows low VMT with connectivity within the streets, enabling people to walk and use transit. Taking into consideration these types of land use developments, the rail and infill scenarios as identified by NCTCOG, and any perceived benefits based on an assessment of the demographics, needs, and direction of the City of Colleyville, the Trinity Railway Express (TRE), and the surrounding region, the elements of the proposed projects to be submitted for consideration of approval by NCTCOG for the 2005 Call for Projects are as follows. The application will consist of two parts: 1) Request for funding ($83,015.63) to employ a private sector transportation planning consultant to evaluate the development potential for a commuter rail along the Cotton belt line located in Colleyville; 2) Request for funding ($506,506.00) to construct a concrete trail to be ten feet wide and run parallel to and the length of Pleasant Run from the Cotton belt Rail to Main Street at the Village at Colleyville Development (approximately 6,500 linear feet), with an additional section to be ten feet wide spurring from Pleasant Run at Church Street to Colleyville Boulevard at the Town Center Development (approximately 1,500 linear feet). Please refer to attachments "A" and "B" for a breakdown of project costs associated with the respective funding requests. Additionally, please see below section on costs as it relates to how the application, if approved, will affect the City of Colleyville financially. See attachment "C" for a map of the proposed transit and trail sites. City Council will be presented, at the January 17, 2006 Regular City Council Meeting, with a resolution, for approval as a consent item, in support of the projects being submitted by the City of Colleyville to NCTCOG for the purpose of consideration and adoption by NCTCOG staff as acceptable and funded project(s) under the rules set forth by NCTCOG for the 2005 Sustainable Development Call for Projects. Pre-Council Agenda Briefing PC-3 Page 4 of 5 Considerations durinq Application Process For the Dallas-Fort Worth area, increased congestion will continue to contribute to a heightened sense of need for proper land use as well as a legislatively directed need for emissions reductions (1990 Clean Air Act). In trying to keep pace with the number of people moving to the region, NCTCOG staff will be trying to target the land use transportation connection, which consists of identifying where people live and work in the region. The aim will be to promote Sustainable Development projects that will allow people to drive shorter distances by providing them opportunities to live close to their jobs or close to historically developed areas. Land use alone will not be the determining factor for an acceptable proposal during the 2005 Call for Projects. Being mindful that (1) Tarrant County has been identified by the Environmental Protection Agency (EPA) as a non-attainment area 1, (2) a probable increase in the emissions of compounds widely believed to contribute to regional ozone accompanies increased congestion, and (3) NCTCOG spends a great deal of time working with, for example, the staff of Texas Commission on Environmental Quality (TCEQ) in the development and implementation of emissions reductions programs which include the transportation portion of the State Implementation Plan2 (SIP), it would be logical to conclude that identifying possible or expected reductions in Nitrogen Oxide (NO)3 and or Nitrogen Dioxide (N02)3 as a result of a proposed project within the City of Colleyville may be of value during the 2005 Call for Projects. Additionally, be mindful of the Sustainable Development partnership roles, which consist of the following. 1) Private sector development companies will be innovative and have the ability to partner with local governments in Sustainable Development projects that address the region's capacity constraints and air quality. The Regional Transportation Council (RTC) is looking for value added from Sustainable Development projects. 2) Local governments will act as agents with regard to zoning, development review and City Council resolution. 3) The elected officials of the RTC, in partnership with local governments and private sector development companies, will create a change of course, set a new direction for the region, and establish a connection between land use and transportation. Financial Impact As previously mentioned, the Program requires a 20% local match for each project that is approved, but because of a required public/private partnership regarding submitted transportation infrastructure projects, this language does not intend that the responsibility of such said amount is the sole responsibility of the City of Colleyville. Pre-Council Agenda Briefing PC-3 Page 5 of 5 In point, the City of Colleyville is in the process of partnering with Grapevine Colleyville Independent School District (GCISD), the Colleyville Tax Increment Financing (TIF) District, the Village at Colleyville Developer, and the Towne Center Developer, and as a result of the partnerships, will incur a responsibility for payment of less than 20% of the costs incurred as a result of the NCTCOG approval of the proposed trail construction. At this time, we know that GCISD will be contributing, through the construction of a 10 feet wide sidewalk parallel to Pleasant Run for approximately 650 feet and in association with the construction of the new school building, an estimated $38,000 toward the local match. The Colleyville TIF District will be contributing approximately $83,015.63, the cost of the Church Street portion of the trail, toward the local match. The preliminary determination of the approximate contribution levels of the respective developers has been such that the required local match of approximately $117,904.33 [20% of the estimated $589,521.63 cost of the trail project] will very likely be exceeded prior to any funds being contributed by the City of Colleyville toward such said match and project. Overmatching is allowed by the granting authority. To be fair, it is important to mention that the City of Colleyville will be taking sole responsibility for the required 20% local match with regard to the previously mentioned commuter rail study. That amount is an estimated $28,000. The estimated cost of the commuter study project, including the required 20% local match being contributed by the City of Colleyville, is $140,000. Attachments . Cost Estimate for Pleasant Run Road Hike and Bike Trail . Cost Estimate for Church Street Trail . Map, Proposed Hike and Bike Trails and Transit Station Study Area . Land Use/Transportation Joint Venture Program Recommended Projects (Approved Projects for 2001 Call for Projects) . Map, Sustainable Development Areas of Interest . Presentation, NCTCOG Sustainability Development Grant 'Areas of the country where air pollution levels persistently exceed the national ambient air quality standards may be designated nonattainment. The EPA has found that the Dallas/Fort Worth (DFW) nonattainment area (Dallas, Tarrant, Collin, Denton Counties, Texas) did not attain the national ambient air quality standard (NAAQS) for ozone by the applicable attainment date set forth by the Clean Air Act of 1990. 2 The SIP is an enforceable plan that explains how the state will comply with air quality standards according to the federal Clean Air Act. The SIP is developed at the state level and is required by the Environmental Protection Agency of any state that has areas that are designated in nonattainment of federal air quality standards. 3Nitrogen oxide (NO) and nitrogen dioxide (N02) are gases that enter the air from vehicle exhaust and some power plants. These gases are harmful by themselves, but can combine with water to make acid rain, react in the air to produce ozone. Nitrogen oxides can irritate the airways and increase one's susceptibility to viral infections and respiratory diseases. It can cause permanent lung damage. Chemical reactions with nitrogen oxides can contribute to production of acid rain and ozone. COST ESTIMATE city Of .----.--- Project: Pleasant Run Road /.. ..........~. Hike & Bike Trail \ ... = " Date: November 2005 '~:c.~~\-;/.. Concrete Trails 10' Concrete Trail 6,500 LF $35.00 $227,500.00 Handicap Ramps 21 EA $750.00 $15,750.00 Demo ExistinQ 4' Sidewalks 820 LF $10.00 $8,200.00 $251,450.00 Drainage 48" RCP 24 LF $100.00 $2,400.0C 24" RCP 72 LF $50.00 $3,600.0C 18" RCP 24 LF $40.00 $960.0 Misc Grading 1 LS $10,000.00 $10,000.0 $16,960.0 Misc construction items Concrete Sawcut 1 LS $1,000.00 $1,000.00 Tree Removal 1 LS $8,000.00 $8,000.00 Fence Removal 1 LS $1,200.00 $1,200.00 Fence Removal & Replacement 1,210 LF $15.00 $18,150.00 Tree Trimming I Brush Removal 1 LS $3,OOO.OC $3,000.00 Plant Removal & Replacement 1 LS $2,000.00 $2,000.00 $33,350.00 Railroad Crossing Concrete Planking 1 LS $15,000.00 $15,000.00 Pedestrian Gates 1 LS $50,000.00 $50,000.00 $65,000.00 Other Surveying 1 LS $30,000.00 $30,000.00 ROW Purchase 31,850 SF $2.00 $63,700.0 $93,700.00 Subtotal $460,460.qQ Contingency (10%) $46,046.00 Total $506 506.00 411i101>1A~;t./7 "4 ~ COST ESTIMATE _S~-'!!.._ Concrete Trail 10' Concrete Trail Handicap Ramps Misc construction items Concrete sawcut Utilit Ad'ustments Plant removal and replacement Other Misc radin Subtotal Total Project: Church St Trail Date: November 2005 1,500 2 $35.00 $750.00 LF EA LS LS LS $250.00 $500.00 $1,000.00 LS $2,000.00 4rr;,c~.c1l/ "7 $5,775.0 $2,887.5 $5,775.00 $10,828.13 $83,015.63 LA e. ?: Lf-!__~~/ \ \, 1--' 9B-,-1',I~,,'U I~\ ! 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[___~_L-' ~'t' -- '-1-~- ffip:J I-~ == ~. ~'7fJlJ11-' j EQrn Iii ,~ . ~ - __J -:3 E=~ ~ m I \, --:~ ') ~~jU~[T-T~0-\ I III---LJ~--------~=P~r= + Proposed Ple~sant Run Trail .$ and Station Study AtI~~/l/7 c tr GeO~aPhiClnf:'~;:onsysten5 Land Use / Transportation Joint Venture Program Recommended Projects E S b ast u realon Joint Venture Joint Venture 10 Sponsor Project Name Partnership Facilities Funding Source Partnership Funds 3 The Colony Austin Ranch Streets STP-MM $826,574 9 Dallas Prestonwood Pedestrian plaza, CMAQ $1,400,000 sidewalks 13 Dallas Victory Development Streets, sidewalks, trail STP-MMI CMAQ $6,804,000 connection 14 DART Cedars Station Crosswalks, streetscape CMAQ $4,532,170 and sidewalks 15 Denton Sundown Ranch Streets STP-MM $883,092 19 Frisco Frisco Sauare Streets STP-MM $2,328,420 26 Irving Northwest Corridor Light rail CMAQ $6,900,000 27 Lewisville Lincoln/Lewisville Streets STP-MM $2,649,277 28 Lewisville Old Town Plaza Sidewalks, pedestrian CMAQ $1,440,000 plaza 29 McKinney Craig Ranch Streets STP-MM $2,312,637 30 Piano Piano Transit Village Veloweb, sidewalks, STP-MMI CMAQ $2,089,616 street reconstruction East Federal Subtotal $32,165,786 W Sb est u realon Joint Venture Joint Venture 10 Sponsor Project Name Partnership Facilities Funding Source Partnership Funds 37 Benbrook Town Center Streets STP-MM $970,000 40 Burleson Villages of Wakefield Streets STP-MM $850,000 42 Fort Worth Handley Sidewalks, streetscape, STP-MM $268,560 crosswalks Streets cape , sidewalks, 43 Fort Worth Magnolia Village crosswalks, pedestrian CMAQ $1,233,688 plaza 45 Fort Worth West Seventh Streets, pedestrian STP-MMI CMAQ $3,476,986 connection to CBD 46 Fort Worth Westridge Village Sidewalks, streetscape, CMAQ $380,349 crosswalks Sidewalks, signalized 52 Hurst Pipeline Road crosswalk, pedestrian STP-MMI CMAQ $122,800 linkages North 54 Richland NRH Home Town Signalization CMAQ $120,000 Hills West Federal Subtotal $7,422,383 No cost overruns will be available under this program. 41/A't~~N? /(2) <, tn ...... 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'- ~ ~'+- ,--0 :J- O)co:= __ 0 u ~u.. c w ~~ 0::: ... 0 ....J I-~Oo Q) ___._ N 0 .-... ~ ~ ~-g E~O(9 Q) ~ ~U5 0><0 '- 0) c.. '- Q) () 0 x-'+-I-I- ~ L.. W ~ "'0_0 _a... ~o Q)CO :;::; ro ._ c ~ Z c S O)'-C"-"" Q) _ Q) co Q) +-' (]) -- Q) C E :=~~--.JOQ) c.. ~ S- >."'0 en..c E .2 -- (]) ~ 2 C t C Q) g' ~ .~ ro 0 0 L.. ~o::o~"'O ~z~ o I I I :3- ~ ~c3 Q) > Q) --.J 0) C -- ~ C :J u..: . . . . ('-- en z o t- en w ::> a PRE COUNCIL CC@n<<l AGENDA BRIEFING Tl~X~$ MEETING DATE: I ITEM#: I 01/03/06 PC-4 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT : Discussion of the January 3, 2006, City Council regular agenda items This item provides the opportunity for the City Council to discuss the regular City Council agenda items. CITY COUNCIL m@m<ll AGENDA BRIEFING 7r:x~$ MEETING DATE: I ITEM#: 01/03/06 1 CITY MANAGER ! DEPARTMENT HEAD I FINANCE REVIEW IN/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. 551.087 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Brian K. Meroney vs. City of Colleyville George Hencinski and Rose Mary Hencinski vs. David C. Banning, Tamara S. Banning and City of COlleyville, Texas Property Acquisition 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-06-2636 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 3, 2006 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. 2006, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor CITY COUNCIL CCe<ll AGENDA BRIEFING IC'X:l$ MEETING DATE: ITEM#: 01/03/06 3 CITY MANAGER I DEPARTMENT HEAD ! j 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 PRESENTATION - In recognition of service on the Parks and Recreation Advisory Board - Jerry Birkes and Gil Turner PRESENTATION - In recognition of service on the SH26 Advisory Committee - John Gober and Chris Strittmatter Presented to JERRY BIRKES in Appreciation for Dedication and Service on the Parks and Recreation Advisory Board 2004-2005 Presented to GIL TURNER in Appreciation for Dedication and Service on the Parks and Recreation Advisory Board 2001-2005 Presented to JOHN GOBER in Appreciation for Dedication and Service on the SH26 Advisory Committee 2003-2005 Presented to CHRIS STRITTMATTER in Appreciation for Dedication and Service on the SH26 Advisory Committee 2003-2005 RESOLUTION R-06-2637 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING JANUARY 3, 2006 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. Approval of minutes of the regular City Council meeting of December 13, 2005 b. Approval of a request for a Waiver for the construction or escrow of funds for sidewalks on Lot 7, Block 2, of the Highland Acres Addition, located at 313 Timberline Drive North, Case G-05-014 c. Approval of an Interlocal Agreement with Tarrant County for the Street Overlay Program and authorize the City Manager to execute the agreement d. Approval of a construction contract with Viking Construction for street improvements in Windview Estates, in the amount of $100,000, and authorize the City Manager to execute the contract e. Approval of a design contract with Baird, Hampton & Brown, Inc., for the Church Street realignment project, in the amount of $59,750, and authorize the City Manager to execute the contract f. Approval to allow the City to accept proposals from and award a bank depository contract to a Texas financial institution outside the City limits APPROVED ON THIS OF AYES, DAY OF NAYS AND 2006, BY A VOTE ABSTENTIONS. Resolution R-06-2637 Page 2 of 2 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor MINUTES OF THE CITY COUNCIL MEETING DECEMBER 13, 2005 The Pre Council meeting of the COlleyville City Council was called to order by Mayor David Kelly on December 13, 2005, at 5:43 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, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Interim Public Works Director Chad Bartee, Community Development Manager Barry LeBaron, Human Resources Director Kelly Cooper, Economic Development Manager Scott Welmaker, Management Assistant Brian Chapman, Budget and Administrative Services Manager Stephen Seidel, Computer Technician Chris Pena, Assistant City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. PC-1. Discussion of Appointing a Citizen Committee to review and develop a street Capital Improvement Plan (CIP) There was general discussion regarding the mission and scope of work of the committee, the number of members, the selection process and timeline for submission of a final report to the City Council. Councilman Hendler proposed that the committee include a representative from the SH26 Advisory Committee, Traffic Safety Advisory Committee, the Sidewalk Committee and the Planning and Zoning Commission, City Council appointees and citizens at large. Council requested that a Pre Council item be included on the January 3, 2006 City Council agenda for further discussion and a resolution be placed on the February 21, 2006 City Council agenda for consideration. CITY COUNCIL MINUTES DECEMBER 13, 2005 PC-2. Update of the Workforce Development Sustainability Project Mr. Patrick Ibarra of the Mejorando Group provided a mid-project update of the Workforce Development Sustainability project and answered questions of the Council. PC-3. Presentation of the Monthly Financial Report - November 2005 Finance Director Terry Leake presented the November 2005 Monthly Financial Report. City Manager Bill Lindley reported that the sales tax revenue increased 5%. PC-4. Discussion of the December 13, 2005, City Council regular agenda items There was general discussion regarding Agenda Item 11, Approval of support for the Tarrant Regional Transportation Coalition's Regional Transit Initiative. There being no further business, Mayor David Kelly declared the meeting adjourned at 6:53 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on December 13, 2005, at 6:55 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, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Interim Public Works Director Chad Bartee, Community Development Manager Barry LeBaron, Economic Development Manager Scott Welmaker, Budget and Administrative Services Manager Stephen Seidel, Computer Technician Chris Pena, City Attorney Michael Kallas 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 George Hencinski and Rose Mary Hencinski vs. David C. Banning, Tamara S. Banning and City of COlleyville, Texas Sec. 551.071 - Sec. 551.071 - 2 CITY COUNCIL MINUTES DECEMBER 13, 2005 Sec. 551.072 - Sec. 551.087 - Property Acquisition 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 551.071, Legal, Section 551.072, Property and Section 551.087, Economic Development. 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 7:34 p.m. The invocation was given by John Leonard of the COlleyville Baha'i Community and City Attorney Michael Kallas led the Pledge of Allegiance. EXECUTIVE SESSION: 2. CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-05-2629 This resolution was not needed. 3. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly invited the public to attend the Metro Cinema/IMAX groundbreaking ceremony to be held December 15, 2005, at 11 :30 a.m., at Colleyville Town Center. Mayor Kelly announced that this is the last City Council meeting of 2005 and wished everyone a Merry Christmas and best wishes for 2006. CONSENT: 4. READING AND PUBLIC HEARING - Resolution R-05-2630 - Consent Items: a. Approval of minutes of the regular City Council meeting of December 6, 2005 b. Approval of an Interlocal Agreement with North Central Texas Council of Governments (NCTCOG) for a drainage study for the Bear Creek watershed 3 CITY COUNCIL MINUTES DECEMBER 13, 2005 c. Approval of a donation of lockers for new firefighter personnel from B&W Cabinets, in the amount of $1 ,050 Mayor Kelly read Resolution R-05-2630 in its entirety. Mayor Kelly opened the public hearing. 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-05-2630. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried PUBLIC HEARINGS: 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1555 - Approval of a Special Use Permit for a contractor office with an outside storage yard on Lot 11, Block 1, of the COlleyville Industrial Park Addition located at 1813 Industrial Boulevard, Case Z-05-030 Mayor Kelly read the caption of Ordinance 0-05-1555. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilman Hart moved to approve Ordinance 0-05-1555. Councilman Boll seconded the motion. Ayes: Councilpersons BOil, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 4 CITY COUNCIL MINUTES DECEMBER 13, 2005 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1556 - Approval of a Special Use Permit to allow for horses on Lot 8, Block 7, of the Brighton Oaks Addition, located at 2705 Sherwood Lane, Case Z-05-031 Mayor Kelly read the caption of Ordinance 0-05-1556. Community Development Manager Barry LeBaron provided information related to the amount of area on the lot designated for the horses and presented a video of the area designated for the horses. Ms. Linda COllins, 2705 Sherwood Lane, applicant, was present to answer questions of the Council. Mayor Kelly opened the public hearing. Mr. Phil Kelly, 2808 Sherwood Lane, spoke in opposition to the proposed ordinance and regarding the amount of area suitable for boarding horses, safety concerns and conditions of a Special Use Permit. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the method of calculation of the square feet area, the definition of a grazing animal and methods of regulating complaints regarding the horses. Assistant City Attorney Michael Kallas stated that the Special Use Permit stays with the property but a condition of time may be placed on the SUP. Discussion ensued regarding property drainage, potential environmental problems and the process for addressing nuisances. Assistant City Attorney Michael Kallas advised that the City Council could reconsider the Special Use Permit if conditions changed in the future. City Manager Bill Lindley reviewed the process for addressing the violation of public health hazards. Assistant City Attorney Michael Kallas stated the Special Use Permit may be conditioned upon the transfer of a deed or term of years. 5 CITY COUNCIL MINUTES DECEMBER 13, 2005 Mayor Pro Tem Ayers moved to approve Ordinance 0-05-1556, with the condition that the Special Use Permit expires at the end of ten years from the date of approval of this ordinance, or alternatively upon transfer of the ownership of the property or upon conviction of any nuisance violation of the City of Colleyville, whichever occurs first. Councilman Licata seconded the motion. Discussion ensued regarding the interpretation of the code related to keeping of horses, paddock area and the type of fencing on the property. Ayes: Council persons Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: Councilman Boll Mayor Kelly declared the motion carried. 7. SECOND READING AND PUBLIC HEARING - Ordinance 0-05-1558 - Approval of an Amendment to Chapter 14 - Engineering Design Standards of the Land Development Code regarding detention/retention ponds, Case G-05-012 Mayor Kelly read the caption of Ordinance 0-05-1558. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilman Boll moved to approve Ordinance 0-05-1558. Councilman Hart seconded the motion. Ayes: Council persons BOil, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-05-1559 - Approval of Zoning Change from AG Agricultural and R40 Single Family Residential to PUD-R Planned Unit Development Residential on 3.756 acres, located at 5204 to 5212 Pool Road, Case Z-05-033 Mayor Kelly read the caption of Ordinance 0-05-1559. 6 CITY COUNCIL MINUTES DECEMBER 13, 2005 Community Development Manager Barry Lebaron provided an overview of the zoning request and stated that the applicant has been advised that the property is adjacent to City-owned property designated for the development of a senior center and fire station. Mr. Jim Dewey of JNR Engineers & Consultants, 2500 Texas Drive, Irving, Texas, was present on behalf of the applicant to answer questions of the Council and commended staff for assistance with the zoning application process. Mr. David Staley, 3435 Finley Road, Irving, Texas, applicant, commended staff for their assistance with the zoning application process and provided an overview of the proposed development. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 9. READING AND PUBLIC HEARING - Resolution R-05-2631 - Consideration of appointments to the Parks and Recreation Advisory Board Mayor Kelly read Resolution R-05-2631 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly requested that Council address the appointments for the expired terms initially. Mayor Pro Tem Ayers moved to appoint Connie Hampton to Place 2, Robert Leininger to Place 6 and Peter Riis to Place 8 of the Parks and Recreation Advisory Board and re- advertise the remaining open positions. Councilman Boll seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. City Manager Bill Lindley stated that positions on the Traffic Safety Advisory Committee are also being advertised and encouraged citizens to submit an Application for Appointment. 7 CITY COUNCIL MINUTES DECEMBER 13, 2005 10. READING AND PUBLIC HEARING - Resolution R-05-2632 - Consideration of appointments to the SH26 Advisory Committee Mayor Kelly read Resolution R-05-2632 in its entirety. Mayor Kelly opened the public hearing. 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 for the first position. Councilman Hendler moved to approve Resolution R-05-2632, appointing Dee McNosky, Joe Allen and Curtis Young to the SH26 Advisory Committee. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Councilman Hendler commended Chris Strittmatter and John Gober for their service on the SH26 Advisory Committee. City Manager Bill Lindley stated that the openings on the Traffic Safety Advisory Committee, SH26 Advisory Committee and Parks and Recreation Advisory Board will be readvertised and encouraged citizens to submit an Application for Appointment. Mayor Kelly declared the motion carried. 11. READING AND PUBLIC HEARING - Resolution R-05-2633 - Approval of support for the Tarrant Regional Transportation Coalition's Regional Transit Initiative Mayor Kelly read Resolution R-05-2633 in its entirety. Budget and Administrative Services Manager Stephen Seidel provided an overview of the Regional Transit Initiative. Mayor Kelly opened the public hearing. Mr. Vie Suhm, Tarrant Regional Transportation Coalition Executive Director, provided information regarding the Regional Transit Initiative and answered questions of the Council. 8 CITY COUNCIL MINUTES DECEMBER 13, 2005 City Manager Bill Lindley stated that Section 4 concerns any potential adverse impact to the 4A/4B sales tax collections, which are allocated to very specific programs. This resolution provides a very broad support of work efforts by a number of regional transportation agencies and if the City determines that the proposed or approved legislation has a negative impact to the 4A/4B funding levels, then the City would be in a position to repeal the resolution. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the content and intent of the proposed resolution. Mayor Pro T em Ayers moved to approve Resolution R-05-2633 and stated that he would probably not vote for the one half cent sales tax increase. Councilman Hendler seconded the motion. Ayes: Council persons BOil, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the motion carried. CITIZEN COMMENTS: 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Greg Winslow, 3916 Wayne Drive, spoke regarding Covenant Christian Academy's request for zoning, plans for future expansion and the impact on the surrounding neighborhood. REPORTS: 13. PLANNING AND ZONING COMMISSION MINUTES - November 14,2005 There was no action taken on this item. ACTION/RESOLUTION: 14. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 13, 2005 - Reading and Public Hearing - Resolution R-05-2635 This Resolution was not needed. 9 CITY COUNCIL MINUTES DECEMBER 13, 2005 ADJOURNMENT 15. ADJOURNMENT There being no further business before the City Council, Councilman Boll moved to adjourn. Councilman Hart seconded the motion. Ayes: Councilpersons Boll, Licata, Hendler, Hart and Mayor Pro Tem Ayers Nays: None Mayor Kelly declared the meeting adjourned at 8:47p.m. APPROVED THIS AYES, DAY OF NAYS AND 2006, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 10 CITY COUNCIL rneCll AGENDA BRIEFING It'x,,$ MEETING DATE: ITEM#: RESOLUTION # : 01/03106 4b R-06-2637 CITY MANAGER , DEPARTMENT HEAD: ,('-1 FINANCE REVIEW I N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT : Approval of a request for a Waiver for the construction or escrow of funds for sidewalks on Lot 7, Block 2 of the Highland Acres Addition located at 313 Timberline Drive North, Case G-05-014 - by Consent Reading and Public Hearing Burley Owings is the owner of Lot 7, Block 2 of the Highland Acres Addition located at 313 Timberline Drive North. The owner is requesting a waiver of the sidewalk construction and escrow requirements, in the amount of $2,192.00, that are required with the construction of a residential dwelling unit (see attached letter from Burley Owings). This lot has 137 linear feet of frontage along Timberline Drive North. The Engineering Department determines the escrow fee as four dollars per square foot. Burley Owings has submitted a request to the City Council to waive the sidewalk construction and escrow requirements on the grounds that sidewalks do not exist in the neighborhood, no other homeowners in the subdivision have been required to escrow funds for sidewalk construction, and this is one of the few remaining lots in the subdivision. This subdivision was platted in 1968 and sidewalks were not constructed at that time. The City Council's options in this case are the following: 1. Approve the waiver - This action would waive the sidewalk construction and escrow requirements for this property. 2. Approve the waiver in part - The City Council may waive a portion or percentage of the fee. 3. Denv the waiver - The property owner must construct or escrow the funds for the construction of the sidewalk with the City before building permits could be issued on the property. Recommendation Approval Attachments · Location Map · Aerial of Subject Property · Letter from Property Owners Location Map I I ~ ~ - - - ...~ ....... -~ --- I--- = ~ ,.,.- - ~I - Aerial of Subject Property Letter from Property Owners Burley and Glenna Owings 313 Timberline Drive North Colleyville, TX 76034 Chris Fuller Development Coordinator City of Colleyville 100 Main Street Colleyville, Texas 76034 Subject: Waiver Request for Requirement to create sidewalk or provide escrow money at subject address Re: Meeting with Chris Fuller on December 1, 2005 on the above subject This request is made for the purpose of maintaining consistency in the appearance of Timberline Drive North and Timberline Drive South. The neighborhood was established over 30 years ago with no easement requirement for sidewalks, therefore, non exist on either street. If in the future sidewalks are constructed on Timberline Drive, we will be happy to comply with our share of expenses involved. We can be reached at the address above or by phone at the following numbers: 817-223-0488 or 817-372-0501. Sincerely, ./ - ..r;. tC~ = (_.~.~ Burley and Glenna Owings \ CITY COUNCIL ~n<l> AGENDA BRIEFING 'co.>: ,,5 MEETING DATE: ITEM#: RESOLUTION # : 01/03/06 4c R-05-2637 CITY MANAGER I ~ .~ Previous Action: None FINANCE REVIE DEPARTMENT : ENGINEERING SUBJECT: Approval of an Interlocal Agreement with Tarrant County for the Street Overlay Program and authorize the City Manager to execute the agreement - by Consent Reading and Public Hearing The City of Colleyville re-initiated partnering with Tarrant County four years ago in the rehabilitation of asphalt pavement roadways throughout the City. Each project was completed at a considerable cost savings to the City. The County provides all of the labor and equipment necessary to conduct the improvements and the City is responsible for material purchase, traffic control and engineering testing. The FY 2006 projects include Tinker Road from Pleasant Run Road to SH26 (3,664 linear feet), Bogart Drive from Pleasant Run Road to Colleyville Elementary School (2,120 linear feet), Pleasant Run Road from John McCain Road to Big Bear Creek (3,033 linear feet), Bransford Road / White Drive from L.D. Lockett Road to Westcoat Drive (1,775 linear feet), John McCain Road from Pleasant Run Road to 1,555 linear feet west of Pleasant Run Road, and McDonwell School Road from Westcoat Drive to Herbert Road (5,220 linear feet). Each roadway has extensive cracking and base failures and is in need of resurfacing. City crews will be repairing base failures as needed with funding from the Street Department's operating budget. Tarrant County would like to include these roads as a cost-sharing project for a total cost not to exceed $258,384. The rehabilitation will include milling and disposal of the existing top layer of asphalt and the application of a 2-inch asphalt surface course. Dustrol, Inc. will provide the milling under the current Tarrant County Contract Number 2004-095, at a cost not to exceed $66,900. This cost is included in the total amount of $258,384. This application is consistent with the City's street rehabilitation program that is conducted annually by the Public Works Department. This agreement with Tarrant County allows for the rehabilitation of City streets without incurring the full cost of the project. Financial Impact Funding is available from the Street Department Resurfacing Budget. Recommendation Approval Attachm~ · Interlocal A greement Agenda B . ReSOlution R nefin~ -05-2637 Page 2 of 2 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT This Agreement made and entered into this the day of , 2006, by and between the County of Tarrant, acting herein by and through its governing body the Commissioners Court, hereinafter referred to as the COUNTY, and the City of Colleyville acting herein by and through its governing body, hereinafter referred to as the CITY, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 ofthe Texas Government Code; and WHEREAS, the party or parties paying for the performance of governmental functions or services shall make payments therefore from current revenues available to the paying party; and, WHEREAS, the governmg bodies of the two parties find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs provided for constitutes adequate consideration to each party; set project being more particularly described as: · Construction of a HMAC Overlay on Tinker Road from Pleasant Run Road to SH 26 (approximately 3,664 If). · Construction of a HMAC overlay on Bogart Drive from Pleasant Run Road to Colleyville Elementary School (approximately 2, 120 If). · Construction of a HMAC Overlay on Pleasant Run Road from John McCain Road to the Colleyville/Southlake City Limits (approximately 3,033 If). · Construction of a HMAC Overlay on White Drive/Bransford Road from Westcoat Drive to L D Lockett Road (approximately 1,775 If). · Construction of a HMAC Overlay on John McCain Road from Pleasant Run Road to 1,555 linear feet west (approximately 1,555 If). · Construction of a HMAC Overlay on McDonwell School Road from Westcoat Drive to Herbert Road (approximately 5,220 If). The CITY hereby agrees that the CITY will pay for any engineering, survey, and laboratory testing necessary for these projects, and that the COUNTY will not be responsible for any payment for such services. The CITY must notify the COUNTY within thirty days of completion of this project of any complaint the CITY has with the project. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. The COUNTY agrees to provide the following work for the following projects: A. Tinker Road: Place a new two-inch HMAC surface. B. Bogart Drive: Place a new two-inch HMAC surface. C. Pleasant Run Drive: Place a new two-inch HMAC surface. D. White Drive/Bransford Road: Place a new two-inch HMAC surface. E. John McCain Road: Place a new two-inch HMAC surface. F. McDonwell School Road: Place a new two-inch HMAC surface. 2. The COUNTY agrees to provide the labor and equipment necessary for the rehabilitation work of above projects. 3. The CITY agrees to pay for the actual cost of the materials, including any delivery or freight costs. The CITY will provide a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the CITY for incidental material cost. 4. The CITY agrees to pay for the cost of the removal of the existing asphalt surface by a milling contractor and is responsible for the adjustment of all valves, manholes, and utilities. The CITY will coordinate and disconnect any existing traffic signal loops and will be responsible for the replacement of all signal related devices if necessary. 5. The CITY agrees it will be responsible for traffic control on these projects. This responsibility includes all signage, barricades and flagmen necessary to control traffic in and around the construction site. The COUNTY will provide temporary pavement markings where specified by the CITY. The COUNTY will be responsible for the placement of all permanent pavement markings as specified by the CITY. 6. The CITY will provide the COUNTY with a hydrant meter and all the water necessary for the projects at no cost to the COUNTY. 7. The CITY agrees that if a Storm Water Pollution Prevention Plan (SWPPP) is required, the CITY will be responsible for the design and development of the Plan. The COUNTY will be responsible for the implementation and maintenance of the SWPPP for the duration of the project. The CITY further agrees to pay for all costs (including subcontractor materials, labor, and equipment) associated with the implementation and maintenance of the Plan. By entering into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this Contract shall not create any rights in parties not signatories hereto. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. The parties to this Agreement do not intend by this Agreement that any specific third party may obtain a right by virtue of the execution or performance of this Agreement. The CITY agrees that the COUNTY is relying on the CITY for notice of when to proceed with these projects, but this Agreement does not require the COUNTY to do these projects within any particular time frame. This Agreement shall terminate automatically upon happening of any ofthe following events: 1. The completion of the improvement provided for herein or; 2. At the end of one (1) year from date herein, unless renewed by both parties in writing. CITY: Authorized City Official ATTEST: CITY TARRANT COUNTY: TOM VANDERGRIFF, County Judge ATTEST: COUNTY B. GLEN WHITLEY County Commissioner Precinct Three * APPROVAL AS TO FORM: District Attorney's Office · By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Parties should not rely on this approval, and should seek review and approval by their own respective attorneys. CITY COUNCIL CCe<ll AGENDA BRIEFING IC'X":; MEETING DATE: 01/03/06 CITY MANAGER! ITEM#: 4d DEPARTMENT HEAD II~~ RESOLUTION # : R-06-2637 FINANCE REVIEW\. ~ . . . '<'3 PrevIous Action. None DEPARTMENT: ENGINEERING SUBJECT : Approval of a construction contract with Viking Construction for street improvements in Windview Estates, in the amount of $100,000, and authorize the City Manager to execute the contract - by Consent Reading and Public Hearing Each year, staff identifies streets within the City in need of resurfacing as part of the street rehabilitation program. This year certain streets were identified to receive a thin layer of asphalt that will seal the existing pavement and prolong the pavement service life. This asphalt layer is thinner than a typical overlay and does not require the removal of any existing pavement. The streets in Windview Estates do not have any extensive cracking or base failures that would require a typical overlay. This application is a cost effective method for extending the service life of these streets. Bids for this project were accepted and opened by Staff and Viking Construction was the only bidder with a bid of $90,031.90, which is below the estimate. Staff recommends a contingency of $9,968.10 for a $100,000 total project cost. There is only one other company that provides this type of resurfacing in this area. That company was contacted but chose not to submit a bid. Viking Construction has been providing this service to the City of Hurst for the last five to six years. City of Hurst Staff provided a positive recommendation. This year's street rehabilitation program includes this project, the overlay work with Tarrant County, which is being presented to City Council for consideration on this agenda (Item 4c) and a mill and overlay project on Cedar Court and Jo Will Street. Due to the bidding schedule, the contract for the Cedar Court and Jo Will Street project will be presented to City Council at the January 17, 2006 meeting. Financial Impact Funding is available from the Street Department Resurfacing Budget. Recommendation Approval Attachment . Bid Tab BID TAB City of colleyville Windview Estates No. Bidder Bid Amount 1 Viking Construction $90,031.90 2 No Bid 3 4 5 6 7 8 9 10 11 12 CITY COUNCIL cc@m~ AGENDA BRIEFING 1(":'1;":; ITEM # : RESOLUTION # : 4e R-06-2637 DEPARTMENT HEAD FINANCE REVIEW MEETING DATE: i 01/03/06 CITY MANAGER I Previous Action: None ,\ DEPARTMENT: ENGINEERING SUBJECT: Approval of a design contract with Baird, Hampton, & Brown, Inc., for the Church Street realignment project, in the amount of $59,750, and authorize the City Manager to execute the contract - by Consent Reading and Public Hearing The City Thoroughfare Master Plan provides for the extension of Church Street from State Highway 26 to Pleasant Run Road. The planned improvements provide ultimately for a four lane divided road. In addition to the scheduled road improvements, plans provide also for the construction of trail/sidewalk. In anticipation of the road improvements, the Colleyville TIF District scheduled $1,100,000 in funding towards the project. A portion of this funding was allocated in 2000 for the City to acquire property at the intersection of State Highway 26 and Church Street. Additional right-of-way (ROW) is pending along the remaining corridor. In 2003, a new section of Church Street was constructed from State Highway 26 to Riverwalk Drive as part of the Town Center development. A new traffic signal was also constructed in 2003 at this new intersection, in anticipation of the future realignment of the existing Church Street on the west side of State Highway 26. N3 Capital, LLC is scheduled to purchase property at the southwest corner of State Highway 26 and Church Street from the City for a commercial development. As part of the contract for the sale of the land, N3 Capital will dedicate the necessary right-of-way for the Church Street realignment through the platting process. Staff has worked closely with N3 Capital's engineer to determine the preliminary alignment of the proposed road and access to the proposed development. N3 Capital is responsible to construct, or escrow funds to the City, the portion of Church Street across the southern portion of the property. Staff received proposals for professional services for the design of the road segment. The four proposals were reviewed for, among other things, expertise and experience. Staff has negotiated a contract with Baird, Hampton, & Brown, Inc. for the design of this realignment, in an amount not to exceed $59,750, The current construction estimate for the design and construction of the road from the terminus of the developer's improvements west to Pleasant Run Road is $750,000. Funding for the construction project will be provided by proceeds from the sale of City property to the developer and available TIF District funds ($600,000). Staff will be working with property owners along the planned corridor to provide for needed right-of-way. Agenda Briefing Resolution R-06-2637 Page 2 of 2 Financial Impact Funding for the engineering design is available from proceeds from the sale of City property. Construction funding for the project is anticipated to be available from a planned TIF bond program and proceeds from the sale of property. Recommendation Approval CITY COUNCIL CC~ce Tl':\~~ AGENDA BRIEFING 01/03/06 CITY MANAGER J ~ MEETING DATE: ~./ ~- ITEM#: 4f DEPARTMENT HEAD, , ) RESOLUTION #: ' R-06-2637 FINANCE REVIEW I) 1A Previous Action: None DEPARTMENT: FINANCE SUBJECT: Approval to allow the City to accept proposals from and award a bank depository contract to a Texas financial institution outside the City limits - by Consent Reading and Public Hearing The City's current bank depository contract with Wells Fargo Bank of Texas will expire on March 31, 2006. On January 9, 2006, staff will send Request for Proposal forms to financial institutions to solicit proposals for depository services for both the City and Colleyville Economic Development Corporation. To insure high quality banking service is obtained at a reasonable cost, the following criteria will be used to evaluate the proposals: financial stability of the institution, price, special needs and requirements of the City, past performance record with the City, willingness to accept a collateralization agreement, and evaluation of the financial institution's ability to perform the requested services. To obtain depository services at the lowest cost to the City, staff wishes to send proposals to area banks both inside and outside the City limits. Section 105.011 of the Local Government Code requires that the Council formally state in writing, its intent to solicit and consider proposals for depository services outside the corporate limits of the City. Recommendation Approval I understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear pUblic co,!,men""E questis (-7/}t4~ Signed / 'ion is a Public Record ~JO-J~ E~1(11(~F'S I; ~3 Organization/self represent: City: Name Agenda SPEAKER CARD Date 1-3 /~~7 wish to address the City Council on the following subject: I' 7C71J ~ Item Number: J- bt~ ,,~!M / IV/v?; JL Telephone No Address SPEAKER CARD P, J; c C{ ~ Date - I wish to address the City Council on the following subject: - Agenda Item Number: ;2. ~() !7~o3J - Name: vlrUID 577riG/ Address: - - City: --ZPU1jJ Telephone No._ 12~Z59~g'1?J I represent: CIII{WCJ#' - organization/self I understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. j~- Signed This information is a Public Record CITY COUNCIL CC;@~(!l AGENDA BRIEFING iC'x:\~ MEETING DATE: ITEM#: ORDINANCE # : 01/03/06 5 0-05-1559 CITY MANAGER i DEPARTMENT HEAD i FINANCE REVIEW i Previous Action: 12/13/05 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of a Zoning Change from AG Agricultural and R40 Single Family Residential to PUD-R Planned Unit Development Residential on 3.756 acres, located at 5204 to 5212 Pool Road, Case Z- 05-033 Second Reading and Public Hearing First Reading and Public Hearing Mr. David Staley is the owner of a 3.756 acre tract of land located on the west side of Pool Road in the 5200 block. The property is currently zoned AG-Agriculture and R40-Single Family Residential and the owner has submitted a request to rezone the property to Planned Unit Development-Residential for the purpose of developing the property as a single-family residential subdivision. No opposition from the surrounding property owners has been expressed regarding the proposed rezoning request. The Planning and Zoning Commission recommended approval of the rezoning request by a unanimous vote. The following are the issues associated with this request. Request. Rezone from AG-Agricultural and R40-Single Family Residential to PUD-R Planned Unit Development-Residential. Proposed Use. The applicant is requesting to rezone a 3.756 acre tract of land located on the west side of Pool Road in the 5200 block. The site is adjacent to the proposed site of the future Colleyville Fire Station, which is located to the south of the subject property. The applicant is aware of the City's plans to build a new fire station on the adjacent City owned property. The subject property is also adjacent to the City-owned property situated to the west that has recently been purchased for development of a senior center, with additional acreage for future park and/or public use. The applicant is aware of the future use of this property. The applicant is seeking a zoning change in order to develop the property as seven single family residences, with lot sizes ranging from a minimum of 13,564 square feet to a maximum of 28,078 square feet. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. Agenda Briefing Ordinance 0-05-1559 Page 2 of 4 Surrounding Development Trends. The surrounding properties are single family residential and institutional uses. The property to the north is zoned AG and is developed as O. C. Taylor Elementary School. Property to the south is zoned R40 and is the future site of the City of Colleyville Fire Station. Property to the west is zoned AG and is owned by the City of Colleyville and currently developed as a church, which will eventually be converted to a senior center. The properties to the east are zoned AG and R20 and are developed as Ashmore Addition. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The Master Plan also suggests that higher-density projects should be located on smaller parcels that make less dense development economically difficult. The density of the proposed project is 1.86 dwelling units per acre. The PUD-R regulations require a maximum residential density of 1.8 dwelling units per acre. Lot Sizes. The PUD-R standards allow for lots as small as 13,000 square feet in area, provided the average lot size is 16,000 square feet. The lots in the proposed development range in size from 13,564 square feet to 28,078 square feet. The average lot size is 16,149 square feet. The PUD-R regulations require a minimum 100 foot lot width. The minimum lot width in the proposed development, excluding lots located along the cul-de-sac, is 99.9 feet. The developer is requesting that the lot sizes and lot widths be approved as shown on the zoning exhibit. Open Space. Open space areas comprising 0.5 acres are provided in the development. The open space area proposed by the developer equals 15% of the total development. The PUD- R regulations require that a minimum of 20% of the land area be dedicated as open space for the use of the residents in the development. The concept of the PUD regulations is to allow modified lot sizes from those required in the typical straight zoning districts, but to require open space areas in a PUD-R. The proposed open space primarily consists of three areas, two open space lots along Pool Road and a single lot located at the western end of the cul-de-sac. The two 25 foot wide open space greenbelts adjacent to Pool Road will include a ten (10) foot wide sidewalk, permanent landscaping and areas where plants will be rotated four times a year to display the appropriate seasons. The planting and maintenance of seasonal plants will be the responsibility of the Homeowner's Association (HOA). The western most open space area includes a detention pond to handle the drainage from this development. The open space lot will also include an open area for field sports. A trail system will be constructed along the perimeter of the open field and will lead to a waterfall and koi pond. The trail system will contain a four (4) foot tall lighting system. Two benches with a table will also be located within the open space lot. The HOA will be required to maintain all of the amenities located within the open space lot. These features are described in the Common Area Amenities letter from the applicant attached to this agenda briefing. Agenda Briefing Ordinance 0-05-1559 Page 3 of 4 The PUD-R regulations require open space areas adjacent to street rights-of-ways to be landscaped with one-three inch caliper tree per each 50 feet of street frontage. This development has 287 linear feet of frontage on Pool Road, which will require the planting or retention of six trees. This requirement has been added to the proposed PUD-R ordinance for this development. Detention Pond. The current PUD-R regulations limit the amount of open space area that can be used for retention or detention ponds to a maximum of 25% of the open space. The PUD-R regulations require a retention pond to include at least one aeration device, such as a fountain, water fall, etc. The developer proposes to include a detention pond in the development, which will not require any aeration device, since storm water will only be detained during peak rainfall periods. Drainage. The applicant's proposal includes on-site detention, which will discharge to a twelve-foot wide drainage easement located along the western boundary of the adjacent church property. The Pleasant Glade Assembly of God Church property was platted on June 20, 1989, and contains a twelve-foot wide public drainage easement around the east, north and west sides of the property. The applicant has submitted a drainage plan to the Engineering Department. The capacity of the detention facility and the exact type of drainage improvements will be determined at time of platting. Any off-site public improvements required for the subject development will be a cost to the development, as specified by the subdivision platting standards contained in the Land Development Code. Fences, Walls and Screening. The developer proposes to construct a seven (7) foot tall masonry and stone screening wall along the open space lots adjacent to Pool Road. Site Plan. The developer has provided a site plan, which is incorporated into the PUD-R ordinance for the subject property. A copy of the proposed site plan is attached to this agenda briefing. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single- family residences are expected to generate 9.57 trips per day, on average. Based on this average, the seven proposed residences would add approximately 67 vehicle trips per day to the surrounding roadways. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUD-R ordinance for the subject property. A copy of the Statement of Planning Objectives is attached to this agenda briefing. The Statement of Planning Objectives describes the nature of the proposed development, includes a development schedule, a statement of development goals and economic development information. Public Notification. Staff mailed notices to 13 adjacent property owners regarding this Agenda Briefing Ordinance 0-05-1559 Page 4 of 4 request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. At the time of agenda preparation, no letters of opposition to the request have been received. Summary. The proposed zoning change is consistent with the Land Use Plan, which designates the western portion of the subject property as a single-family residential area. Although the development does not provide 20% open space, it does propose 15% open space with amenities, including an open field for sports, waterfall and koi pond, a lighted trail system and a table with benches. The Land Development Code permits a smaller amount of open space so long as it includes amenities. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this request at the November 28, 2005 meeting and recommended approval by a unanimous vote. Recommendation Approval Attachments · Zoning and Location Map · Site Plan from Applicant · List of Property Owners Notified · Statement of Planning Objectives · Development Schedule · Economic Development Information · Common Area Amenities · Ordinance 0-05-1559 5109 5107 5105 5103 5101 AG 2512 Zoning and Location Map 5300 AG ~5212 D NORTH 2712 2802 2806 2 13 280 P~ps ~~i~~r ~ JO\ ,"I M)'{ ~2'~~~ ~~"~.~ l.~,~a ';t~lU ~i_~~~: ~~~~~~ ~ ~~t$ !:: !:'", ~ ~ ~ ~~lii ! g~il~~ ~ l?i!;':!iIl - ~~I~~ ~ @llR'" ~J li $~~~ e:~i3~ e:~ll ~; 110 .tml......... '!f;;:o N illil.......... n ~ ...~ I .. ~z 3iml i ! iLs~.: '~Il; i d~r !~ ;,~ Site Plan from Applicant 9Z 9;'.> " . ..- !l^""'.<;<_":>:Pf.'V:",,,' !I:~ NOO'06'.s," . ~ . O;iIJ ~~2. ! ~:~; !" ::1'1 l'll 'O!n4'''' ! ,)u;.o' 1\ l; L I ~~. l~ I;, Ii 'i. ~ ,; -,-f I ~~I " ( r~E ~~ ~:: ~t{ i I,. , 2 ~ ~ ~ i ~ l'J ~ '" i . ?f <A t >- ! ~ it n~ ~ ; ~ c " . ii ~ . , ~ . " ~~ At'. 5 i, '. E~~ . 8 ill ,~ " ~ " II ~ '" - ~- 8 ~ i~ ! I ~ It 8 " $WTH . ~ ~ ~ L~>> I n u~. 7"'" J i I . --- -\- i~-POOL ROAD;~'-~ :_::;-;:;:~.. - -- _L -- 'T . ! I' ;-....,. '1 ~'-ll !: i 11 s{ , ~ iil :i ~$ ! J " i ~:i '~J , i n , ) ~ , i , , i' . ! ! ~ l l; . ~ i i ~ .~ *t " !i , ! ~i ! , , i ,. .! 1 i , I , I j o ~ m ~ ~ o l:l Jim Dewey, Jr. 2500 Texas Drive #100 Irving, TX 75062 Dzura, Michael Etux Patricia 2704 Highgrove Ct. Colleyville, TX 76034 Gilbert, Maudie Faye 5212 Pool Rd. Colleyville, TX 76034 King, Hayley Marie 2700 Highgrove Ct. Colleyville, TX 76034 Texcan Ventures V11.Ltd. 5100 Pool Rd. Colleyville, TX 76034 List of Property Owners Notified 151 Assembly of God Church Inc. 4309 Colleyville Blvd, Colleyville, TX 76034 Feemster, Michael Etux Kenja 5209 Pool Rd. Colleyville, TX 76034 Grapevine Colleyville ISD 3051 W. Hwy. 26 Grapevine, TX 76051 Madewell, Brent A & Kimberly 5213 Pool Rd. Colleyville, TX 76034 Bohl, Gregory Etux Tracie G 2701 Highgrove Ct. Colleyville, TX 76034 Folger, William P Etux Paige D 2701 Red Oak Ct. W. Colleyville, TX 76034 Hall, Charles W Etux Helen F 4200 Glade Rd, Colleyville, TX 76034 Robertson, Delma 0 5204 Pool Rd, Colleyville, TX 76034 CAPITAL CORP REAL ESTATE · CONSTRUCTION · INVESTMENTS Emily Place Addition STATEMENT OF PLANNING OBJECTIVES Emily Place is envisioned to be a comfortable and family-friendly street of seven custom homes. The owner of CapitalCorp, Inc. will be building his personal home there and moving his family there approx May 2007. CapitalCorp will be building all the homes and does not plan on selling any lots to outside builders in order to maintain quality on the street. Dan Tankersley, AlA will be the architect on all homes built on the street. We plan to have a variety of styles that will be individual, but tie in to the street. A HomeOwners Association will enforce deed restrictions and maintain the streetscape amenities on Pool Rd and will maintain the front yards of each home. A private park in the SW corner of the property may be constructed for the use of all residents. This is still in the planning stages. If it does come about, the HomeOwners Assocation will also maintain it. RECEIVED eLf Z 8 lOO~ 3435 FINLEY RD. TEL: (972) 259-8787 Pef ............. IRVING, TEXAS 75062 FAX: (972) 258-8162 The size of the homes will vary depending of the buyer. Minimum sizes will be established. The projected living area of the homes is 4200sf - 4800sf. In addition to professional landscaping and design, we plan on wrought iron electric gate access at the building line to the garage area. Screening of playground equipment behind the building line will be required. Since the builder will be living on the street with his family, every aspect of the design and construction process will be scrutinized more. Currently there is a 1700sf older house on the SE corner of the property and a 1000sf old house on the N E corner of the property. We believe this project will be an enhancement to the neighborhood and to Colleyville. RECEIVED OCT 2 8 2005 , Pef ............. \ CAPITAL CORP REAL ESTATE · CONSTRUCTION · INVESTMENTS Emily Place Addition DEVELOPMENT SCHEDULE Our plan is to produce a quality seven lot subdivision in a cost effective and expeditious manner. Once we have received a positive response from Planning & Zoning, we will start the platting process. Based on the timelines from the city regarding cutoff dates for submissions, we hope to have final 2nd reading from the City Council by February 2006. We will immediately start street construction and would predict street acceptance by June 2006. We will also start the first house July 2006 and the 2nd house November 2006. The construction of the final and 7th house is projected to start December 2007. RECEIVED ~ OCT 2 8 2005 3435 FINLEY RD. IRVING, TEXAS 75062 Per ............~::'I TEL: (972) 259-8787 FAX: (972) 258-8162 CAPITAL CORP REAL ESTATE · CONSTRUCTION · INVESTMENTS Emily Place Addition ECONOMIC DEVELOPMENT INFORMATION Currently the two houses and land are on the tax rolls in a taxable amount of $228,400. Our plan is to increase the taxable amount to $4,500,000 within 30 months of street construction. The following is our estimate of times, size, price/sf and taxes to Colleyville for each lot: Lot # Start Date Living Area Sales Price/sf Taxes 2 4 1 5 3 7 6 7/06 11/06 1/07 6/07 8/07 10/07 2/08 4200sf 4500sf 4200sf 4500sf 4500sf 4200sf 4500sf 3435 FINLEY RD. IRVING, TEXAS 75062 $148.81 $144.44 $148.81 $144.44 $144.44 $148.81 $148.81 RECEIVED aCT! 8 2BBJ Per ............. $2171 $2258 $2171 $2258 $2258 $2171 $2171 TEL: (972) 259-8787 FAX: (972) 258-8162 CAPITAL CORP REAL ESTATE · CONSTRUCTION · INVESTMENTS EMILY PLACE ADDITION Common Area Amenities The addition will feature three Common Areas that will be maintained by the Home Owners Association. We believe that we are providing an abundance of common space in our development plan based on the fact that only seven families will be living on the street. The two Common Areas at Pool Road will consist of approx 7,000 sf ft. This area is planned to have a seven foot masonry and stone fence running along Pool Road adjacent to the lots adjoining them to the West. From the fence improvement to Pool Road, which is approx 25' plus R.O.W., the Common Area will feature a winding 10' sidewalk trail, numerous trees, boulders and flowering hedges. In addition, this sprinklered area will feature several areas for seasonal color that will be changed out four times per year by the Home Owners Association. The SW Common Area at the end of the cul-de-sac will be the main Park Area for the seven owners. The plan is to provide a park that is a visual asset to the owners PLUS is a useable area for families. Our plan is to provide in this area a depressed detention area for drainage and to make use of this usually dry area with a place for kids to play kickball, IRVING, TEXAS 75062 TEL: (972) 259-8787 FAX: (972) 258-8162 3435 FINLEY RD. football and golf putting. A trail system will circle that area and will provide the main feature of a waterfall cascading into a koi pond. Two commercial style benches, a covered area with a Key West I tropical theme with picnic table will also make the area useable. An area will be set aside for a possible shuffle board court. Four foot high trail lighting will highlight the area, make the area secure but not cause light pollution that pole lighting would. All of this nearly 17,000 sf ft Common Area will be landscaped and sprinklered to tie in with the plantings and rock work of the Pool Road Common Areas. ORDINANCE 0-05-1559 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 3.756 ACRES OUT OF THE S.C. H. WITTEN SURVEY, ABSTRACT 1740, FROM THE AG-AGRICULTURAL AND R40- SINGLE FAMILY RESIDENTIAL DISTRICTS TO THE PUD-R PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning change was filed by JDJR Engineers & Consultants, Inc. on October 28,2005, under Case No. Z-05-033; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. Ordinance 0-05-1559 Page 2 of 5 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on a 3.756 acre parcel of land situated in the S.C.H. Witten Survey, Abstract 1740, from the AG-Agricultural and R40-Single Family Residential zoning districts to the PUD-R Planned Unit Development-Residential zoning district, as depicted on the attached Zoning and Location Map, labeled as Exhibit "A", and described by Metes and Bounds, labeled as Exhibit "B". THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at an approximate density of 1.86 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City a Preliminary and Final Plat in accordance with the requirements of the Land Development Code prior to development of this PUD-R. Any off- site public improvements shall be at the expense of the developer, in accordance with the provisions of the Land Development Code. 3. PERMITTED USES a. Single family residences, detached b. Parks and open space Ordinance 0-05-1559 Page 3 of 5 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "C", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Average Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Yard Setback g. Rear Yard Setback h. Maximum Lot Coverage 13,564 square feet 16,000 square feet 99 feet 140 feet 30 feet 10 feet 1 0 feet 60% 5. OPEN SPACE a. This development shall provide a minimum of 15% common open space, as shown on Exhibit "C", All open space areas shall be landscaped and maintained by the Homeowner's Association. b. Two (2) twenty-five (25) foot wide greenbelt areas shall be provided at time of platting along the eastern boundary of this PUD-R. Said greenbelts shall be landscaped and contain one-three inch caliper tree per fifty (50) feet of street frontage along Pool Road, c. The open space areas on the southwestern part of this PUD-R may be utilized for storm water detention. d. The amenities will conform to the Common Area Amenities statement, labeled as Exhibit "D". 6. SIDEWALKS AND PATHWAYS a. Sidewalks along lot frontages shall be constructed by each homebuilder. Sidewalks shall be constructed in accordance with the requirements of the Colleyville Land Development Code. 7. OTHER a. The minimum square footage for all houses in this PUD-R shall not be less than four-thousand two hundred (4,200) square feet. b. If a detention pond is constructed in this development, it shall contain a minimum of one (1) aeration device, such as a fountain, waterfall or underwater device, which shall be approved by the City of Colleyville Engineering Department. Sec. 5. Sec. 6. Sec. 7. Sec. 8. Sec. 9. Ordinance 0-05-1559 Page 4 of 5 THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. THAT if 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. THAT in 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. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2005. day of day of The second reading and public hearing being conducted on the 2006. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor Ordinance 0-05-1559 Page 5 of 5 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney 5111 5109 5107 5105 5103 5101 Exhibit A - Zoning and Location Map AG 5300 AG ~5212 2712 2802 2806 2701 705 709 2 13 803 280 5108 R-20 2512 Exhibit B - Metes and Bounds Description Metoo and Bounds Description 3.756 Acre Tract (Overall Tract) Being a 3..756 acre tract or parcel of lam.l situated in the S.C.H. Willen Survey. Abstract No. H40, City of Colleyville, Tarrant County. Texas and being a portion of Block EdinblJrg-Amencan land Mortgage Company limited Sllbdivision by plat recorded in Volume 114. Page 240, Deed Records. Tarrant County. Texas, said 3.756 acre trse' beirlg an of that certain tract C'OO'lieyed t.O Earl Gilbert by deed recorded in Volume 466Q. P~ge 946, Oeed Records, Tarrant County, Texas. and also being all of that certain tract co/'lVGyed t<) Hemed M. Snider and Oneta Snider by deOOir@corded in Volume 5922, Page 313. DGod Reoords, Tarrant County. Taxa:;;. SAVE AND EXCEPT those portkmsconveyed to the City of Colleyville for right of way by deeds reC(.)fded in Volume 10122, Page 2149 and Volume 10209, Page 2272. Dead Records, Tarrant Cooney, Texas. saK:l1 3.756 aCre tract being more particularty described by met.es and OOLlOOS as foll.ows: BEGINNING at a !SIB.inch stoel rod wUh plas,tic cap stamped "JDJR1 set for comer in the west r!(lht of way line of Pool Road (variable width right of way 35.0 to centerline at this point), same polnl being lhe $OlJtheastcom~n of the aJoreme:ntioned Snider Tract: THENCE, South 88 degrees 54mJnule$ 04 seoonds West along the soolh line of Snkler Tract, at 15.0 feet pass the oortheast corner Qr Lot 1 R, Block . $.C.H. Witten Estates Addttion. an addition to the City of COlleyville. accordtng lo the plat focorded !in Cabinet A, Slide 2161, Piat Records, Tarrant County. Texas, i'uKt (",.Ontlnuing along the common line of said Snider Tract and said lot 1 R. a total distance or 491.84 feert to a 5l8-i,ncn steel rod wiUl plastic cap stamped 'JDJR' set for comer In tne east line of Lot 1. Block 1. Pleasant G~ade Assembly God Addition, an addition to the City af ColleyviJle. aooording to thl!! plat recorded in Cabinet A, Slide 179, Ptat RecOfds. Tarrant County., Te)(.9;1:I, said point being the nort~t comer of said Lot 1 R and also. being the soulhwest comer of said Snider Tr~ct; THENCE, North 00 degree5 Q6 minutes 48 seconds West along the common line of said Lot 1 and said Snider Tract, at 81.00 feel pass the oorthwest comer of said Snider Tract and also being the southwest comer of the aforemenlioood Gilbert and continuing alGng the common line of said lot 1 and said Gilbert T ff~Gt a total distance of 330 .16foottoa 318.inch steel rod foond for comer in the line ()f lot 1, Blo~ 1. Pool Road Elemental')' SchOO Addition, an addition to the City of Colleyv;ille. according 10 the plat recorded in Volume 388-201, Page 5, Records, 1'~rrallt County, Texas. said point being the northeast comer of said lot 1. BlocK. 1. Pleasant Glade Assembly of God Addition and also oolng the nonbwesl COmE!{ ot Gilbert Tract; THENCE North 88 degrees 43 m~nutes 54 seconds East along the common line of 1, Block 1, Pool Road Elementary 8.ohool Addition and said G~b9rt Tract, at 487,.39 feet pass the southeast comer of said Lot 1, and continuing along the north line of said Gilbert Tract, a total distance of 499.39 feet to a 5/8. inch steel rod with plastic cap stamped "JDJR" set for comer In the west right of way line of said Pool! Road (28.0 feet 10 centerline at this point); THENCE, along the west right of way line of said Pool Road the following six courses: South, a distance of 74.45 feet to a 3i8-lnch steel rod found for corner; West, a distance Qf 3,00 feet to a 5i8-inch steel rod with plastic cap stamped · JDJR" set for comer, same point being the beginning of a curve to the right having a radius of 665,00 feet, a tangent of 10.58 feet and a long chord that bears South 00 degree:s32 minutes 15 second 5 West, a distance of 21.16 feet; Southwesterty, along said curve to the right. through a central ang!ie of 01 degree 49 minutes 25 seconds, an arc length of 21,11 feet to a :Si8.inch steel rod with plastic cap stamped "'JDJR" sat for corner: South 01 degree 51 minutes 22 seconds West, a distance of 102,68feetto a 1/2- inch steel rod found for corner, same point being the beginning of a curve to the left ha'Ying a radius of 735.00 feet. a tangent of11. 74 feet and a long chord that bears South 00 degrees 56. minutes 27 seconds West, a distance of.23.50 feet; Southwesterly, along said curve to the left, through a central angle of 01 degree 49 minutes 50 seconds.. an arc length of 23,50 feet toa 318.inch steel rod found for ('.orner; South 00 degrees 01 l'llinute 24 seoonds East at 28.20 feet pass a1/2.inch stElel rod found fOf the southeast corner of said Gilbert Tract and also being the northeast corner of said Snider Tract, and continuing for a total distance of 110.06 feet to the PLACE OF BEGINNNG. CONTAINING a computed area of 163,627 square feet or 3,156 acres of land, ~~ I <{> ~i ~~Ih ~ ;\i ~I~~ H -:1 I' h~~ :: ;) $1 "Ii i! II ;. il " H i' ~ 1 il 'i 'i .ili~ H q Ii 8 'J! ;;u UN 2 ~{ ~ i~ii ~ 'i'l ,. ~~ ~ -. I ~ Vi I 1l1~ "'. , ~ <r l<< Iii is , ~~~ ~ ~ lill I ~!..~ N 6 :t :~ "'!'1 !:l 10 Exhibit C -Conceptual Site Plan ~ 't *1' l~ o ,. ~ >- ~ ; Exhibit 0 -Common Area Amenities Statement CAPITAL CORP I~ REAL ESTATE · CONSTRUCTION · INVESTMENTS EMILY PLACE ADDITION Common Area Amenities The addition wUl feature three Common Areas thai wUl be maintained by the Home Owners Assodation, We believe that we are providing an abundance of common space in our development plan based on the fact that only seven fammas wlU be .livlng on the street The two Common Areas at Pool Road will consist of approx 7,000 sf ft This area is planned to have a seven foot masonry and stone fence running a.long Pool Road adjacent to the lots adjoining them to the West. From the fence improvement to Pool Road, which is approx 25' plus RO.W.. the Common Area will feature a winding 10' sidewalk trail, numerous trees. bouldaM Indflowaring hedges. In addition, this sprinklered area win feature several areas for seasonal cator that wtll be changed out four times per y.ear by the Home Owners Association, The SW Common Area at the end of the cul-de-sac will be the main Park Area for the seven owners, The plan Is to provide a park that is a visual asset to the owners PLUS is a useable area for families. Our plan is to provide in this area a depressed detention area for drainage and to make use of this usually dry area with a place fa( kids to play kickball, 34JS fINl.EY RD. TEL: ((rI2) 259.87&'J ll-t\t'INO, TEXA~ 7:~ne,l f'AX: (972. 258..gl(1)::! football and golf putting. A trail system will circle that area and will provide the main feature of a waterfall cascading into a koi pond. Two commercial style benches, a covered area with a Key West I tropical theme with picnic table will also make the area useable. An area will be set aside for a possible shuffle board court. Four foot high trail lighting will highlight the area, make the area secure but not cause light pollution that pole Ughting would. All of th is nearly 17! 000 sf ft Comma n Area wiU be landscaped and sprinklered to tie in with the plantings and rock work of the Pool Road Common Areas. SPEAKER CARD Date I wish to address the City Council on the following subject: ord-,k.~ 0- b 10 ~ I. 5(1l 0 (>(L.<lL 2 - b~-- 03LJ ~ w~c- \) u.c; - - Agenda Item Number: G - - Dee Me)..) oS Ie 0 S/O J i? Name: Address: \ loct. ~G. Irt-+ " <-1. V\. Telephone No( 911) G $', .-] 7 d. 7 City: Co / u '1 c) i I 4 I represent: ~ organization/self I understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public comments or questions. Signed ~ rmation is a Public Record CITY COUNCIL ell)' Of CCe<ll AGENDA BRIEFING 11.':'\":; MEETING DATE: ITEM#: ORDINANCE # : 01/03/06 6 0-06-1560 CITY MANAGER . DEPARTMENT HEAD ! FINANCE REVIEW i Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval to amend the Zoning and Development Requirements of the Planned Unit Development for the Village at Colleyville Addition, located at Main Street and Pleasant Run Road, Case Z-05-034 First Reading and Public Hearing Realty Capital Corporation is the developer of the Village at Colleyville, a 24-acre mixed-use development located west of Colleyville Boulevard at the intersection of Main Street. The PUD-C Planned Unit Development Commercial zoning for this development was established on January 19, 1999, with the approval by the City Council by Ordinance 0-99-1131. The PUD-C zoning for this project allows a mixture of retail, office and residential units within multi- level structures. Additional development regulations were later affixed to the development on May 7, 2002, with the approval by the City Council by Ordinance 0-02-1337.4. The May 7,2002 amendments were primarily designed to address a number of issues not anticipated when the original ordinance was adopted by the City Council in 1999, such as encroachments of right-of-ways with bay windows and balcony overhangs. Request. The developer has submitted a request to amend the PUD-C zoning and development requirements for the project to re-distribute the total number of residential units allowed within the Village at Colleyville to locations better suited to the long-term build-out of the mixed use project. The developer is also requesting to rezone an additional property in order to expand the boundaries of the project. Approval of the amending ordinance will allow higher residential density within two (2) specific areas from 30 units to 70 units at each location. The developer has also included in the proposal a request to rezone a 1.08 acre parcel from AG Agricultural to PUD-C Planned Unit Development Commercial and to affix the same development standards to the 1.08 acre parcel that are currently applicable to the entire Village at Colleyville, except to allow 70 residential units within this additional parcel. Residential Density. The original PUD-C ordinance adopted in 1999 allows one primary residential dwelling unit per each building site shown on the approved site plan of the development. Each building site is also allowed to contain an ancillary unit, provided the ancillary unit does not exceed 600 square feet. There are 150 building sites in the development, according to the approved site plan for the Village at Colleyville, and if each site Agenda Briefing Ordinance 0-06-1560 Page 2 of 5 were to be developed as per the approved ordinance, a total of 300 residential units could ultimately be developed within the 24.07 acre project. One-half (150 units) would have no square footage limitation and the other one-half (150 units) would be limited to the 600 square foot maximum size. The developer is requesting approval to re-distribute the 300 residential units by allowing a higher density of residential units within three specific locations of the Village at Colleyville. The 300 maximum limit of residential units would be retained in the ordinance. The three locations are identified on the attached Exhibit "A" as Sub-Area "A", "B" and "C". Currently, the ordinance will allow construction of 30 residential units (15 primary units and 15 ancillary units) within each of Sub-Areas "A" and "B", which are part of the original development. Sub-Area "C" is a proposed expansion of the Village at Colleyville project and will extend the boundaries of the project to include a 1.08 acre tract that is currently zoned AG, but occupied with a single family residence. The developer is requesting the ordinance amendment to allow up to 70 residential units in each of these three areas. The proposed amending ordinance, attached to this agenda briefing, incorporates the language requested by the developer to allow the increase in the number of residential units and to delete the 600 square foot limit on the ancillary units for the three sites in question. Maximum Residential Component. The Village at Colleyville was created in 1999 as the first mixed-use development in Colleyville. The development was approved during the height of the New-Urbanism movement of the last decade where residential living above a commercial business on the ground floor became fashionable across the country. To encourage and promote retail and office developments in the Village at Colleyville and to prevent the project from becoming solely a residential development, the original ordinance that established the zoning for the Village at Colleyville, included provisions to limit the percentage of residential development. The zoning divided the Village at Colleyville into two (2) areas. One (1) area requires a higher percentage of commercial development on the ground floor, while the second area allows a higher percentage of residential on the ground floor. There are no restrictions on the amount of residential area allowed on the upper floors of a building. Within the Neighborhood Center District, which generally parallels Main Street and Village Lane, a maximum of 20 percent of the building sites may contain a single family residence on the ground floor. In the Neighborhood General District, which surrounds the periphery of the Village at Colleyville, a maximum of 40 percent of the building sites may contain a single family residence on the ground floor. Additionally, there is a provision that states a maximum of 30 percent of the total building sites in the project may contain a single family residence on the ground floor. A fourth provision places a maximum limit of 45 percent of the total square footage of the Village at Colleyville that may be used for residential purposes. Maximum Square Footage. The developer's request to delete the ancillary unit provision within the three sub-areas shown on Exhibit "A", poses a potential conflict with the 45 percent maximum square footage requirement contained in the original zoning ordinance, and this provision is proposed for deletion in the proposed amending ordinance. Agenda Briefing Ordinance 0-06-1560 Page 3 of 5 Maximum Building Height. The 1999 ordinance for this PUD-C limits building heights to a maximum of 48 feet, or 3.5 stories. According to the definition of building height contained in the Land Development Code, the height of the buildings in the Village at Colleyville is measured to the eave of the third floor. The one-half story above the third floor is limited in area to a maximum of 400 square feet. Exhibit "B", attached to this agenda briefing, illustrates how the building height is measured for the building types constructed in the Village at Colleyville. The overall height of buildings in the Village at Colleyville could actually be constructed to a height of 58 feet. The developer is requesting an amendment to establish an overall maximum building height of 56 feet as measured to the eave of the fourth story, but only on the buildings that will be located on the lots located within the three (3) sub-areas shown on Exhibit "A The proposed amending ordinance incorporates the language requested by the developer to allow buildings to have four (4) stories. Fire Protection. The Colleyville Fire Department has provided comments regarding the need for all buildings to be equipped with fire detection and suppression systems. Attached to this agenda briefing, is a copy of a memo from the City of Colleyville Fire Marshal, regarding this request. Parking. The original zoning ordinance for the Village at Colleyville requires two (2) parking spaces for a residential unit located on the ground floor and the parking spaces must be on the same building site. One (1) additional parking space is required if an ancillary unit is also on the building site. For residential units situated on upper floors, two (2) parking spaces are required, which may be on the same building site or within 400 feet of the residence. The developer is requesting the residential units situated within the three Sub-Areas as shown on Exhibit "A" be required to have 1.75 parking spaces. Site Plan. Exhibit "A", the site plan, will be incorporated into the proposed amending ordinance to identify the three (3) specific sub-areas where the proposed amendments to the original ordinance will apply. Fences, Walls and Screening. The approved PUD-C ordinance currently requires the developer to construct an eight-foot (8') tall wrought iron fence where this PUD-C zoning district abuts City Park, except for the City Hall and Library property. The developer is proposing an amendment to the ordinance to replace the eight-foot (8') wrought iron fence requirement with a landscaped buffer with natural openings. In those areas where a retaining wall will border the City Park property, a 42" tall wrought iron guardrail will be installed on top of the retaining wall. The PUD-C ordinance also requires construction of a six-foot (6') masonry screening wall along the entire length of the northern boundary from City Park to Pleasant Run Road. The developer is requesting an amendment to the ordinance to replace the masonry screening wall with a landscaped buffer with natural openings. In certain areas where a retaining wall borders Agenda Briefing Ordinance 0-06-1560 Page 4 of 5 with a landscaped buffer with natural openings. In certain areas where a retaining wall borders the northern property line, a 42" tall wrought iron guardrail will be installed on top of the retaining wall. The proposed amending ordinance incorporates the above (2) two screening modifications. Master Plan. The Colleyville Master Plan designates the future use of this area for commercial land uses. The mixed-use development of the Village at Colleyville project is consistent with the goals of the Master Plan. The rezoning of the additional 1.08 acre parcel of land from the AG zoning district to the PUD-C zoning district is also consistent with the goals of the Master Plan. Surrounding Development Trends. The surrounding properties are single family residential, commercial and municipal park uses. The properties to the north are zoned AG and R20 Single Family Residential and are developed as single family residences. The property to the south is zoned CC2 Shopping Center and is developed as the Kroger shopping center. Properties to the east are zoned CC1 Village Retail and CN Neighborhood Commercial and are developed with non-residential uses along Colleyville Boulevard. The property to the west is zoned AG and is developed as City Park, In the vicinity of the Village at Colleyville, commercial development is expected to continue along Pleasant Run Road and Colleyville Boulevard, respectively. Property Valuations. According to the most recent tax rolls of the Tarrant Appraisal District, the valuation of all properties and improvements within the Village at Colleyville totals $23,068,309, which generates $80,139.00 in property tax revenues annually. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations, Single- family residences are expected to generate 9.57 trips per day, on average. Based on this average, the 150 additional proposed residences would add 1 ,436 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 37 adjacent property owners regarding this request. Notice was published in the Fori Worih Star-Telegram as required by state law and the Land Development Code. At the time of agenda preparation, no letters of opposition to the request have been received. Summary. The proposed zoning change is consistent with the Land Use Plan, which designates the property as a commercial area. The maximum number of residential units allowed for this development has not increased from the 300 units originally proposed. With the expansion of the boundaries of the project to include an additional property, the overall residential density of the project is actually less than that originally approved in 1999. Agenda Briefing Ordinance 0-06-1560 Page 5 of 5 Planning and Zoning Commission Recommendation. The Planning and Zoning Commission considered this request at the December 12, 2005 meeting and recommended approval by a unanimous vote with the following suggested amendments: 1) that areas A, B and C have underground parking as part of the ordinance using 1.75 parking spaces per unit; 2) clarify Section 8 of the ordinance to state the certificate of occupancies for the residents will be issued upon fifty percent of the retail be constructed 3) the landscape buffer in place of wrought iron fence and masonry wall to be four inch caliper trees planted 25 to 30 feet apart with trees consistent with the Land Development Code, Recommendation Approval Attachments · Zoning and Location Map · Exhibit "A" Site Plan · Exhibit "B" Building Heights · List of Property Owners Notified · Memo from Fire Marshal · Ordinance 0-06-1560 Zo . nmg and Location Map 1'( pARK Cl.~ ~I ~ 1; <:P fl. ,0 a.a.a, slJ~V~ ".'l'f)V \ - ~p.~'" l'" ! c.,..~cy.. O~ ci"\\"\"E.): CO\..\.."- l Cli''f ~ <:#- T. '" 1'" IIIIC . 5 f'.. _ ?- \b ~~. CO ~ tlC' B.B.a. SlJf\VE'I ,,_Z06 Location Ma Village at C01l8~iIIe EXHIBIT "A". SITE PLAN EXHIBIT" A" <<.' ;..~"._",","-~- -.. ';:'!~f-'""'" fOR~t (lAK J,J.,'lE:.J:iO RO~) fft'fVllt tiJt~ ~01"t.. 'h~) r.;;~(:~*.,,:~ ;7,Cj"t, Ql .-..$? .:.,.,'.. S..." ~j ~ ~ i;::"''j/ l/ I D NORTH _~~I"..'J4 ---mt,....'." ,~~:i:r.:"' l !~ #l tf# i/ <tl ~j' Of l ~ V " ......".--. n..."'" "u_!,,' r"'.'.~'!>',-':"A. .'~ '" THE VILLAGE AT COLLEYVILL 11.j!J: '. VillAGE W.o.,"lAGEWel'.l, UO (l9 lHIS ~-rnU';T ~Vln ~(\O CoLlI'.'(',rU.l\ n:XA:S ?M:\i 0, tQh",~. ~OOS EXHIBIT "B" - BUILDING HEIGHTS r r 400 SF. PENTHOUSE b , UNIT 3 UNIT 2 .. .. ~ !f . UNIT 1 ~ , PARAPET WALL ROOf DECK 3RO LEVEL FINISH FLOOR 2ND LEVEL FINISH FLOOR GROUND LEVEL 01 lYPICAL SEcrION FOR STANDARD BUILDING HEIGHTS . THE VILlAGE. COLLEYVILLE SCALE: l/8"ool'.()" . Voc Builders Lp. 15 Coldwater Cr. Lorena, TX 76655 Archie, James Wallace II 34 Piazza Lane Colleyville, TX 76034 Brown, Richard Etux Kathy 5005 Shadowood Rd, Colleyville, TX 76034 Colleyville Plaza 17400 Dallas Pkwy. Ste. 216 Dallas, TX 75287 Figueroa, Robert & Beverley 817 Central Drive Colleyville, TX 76034 Gable, Michael & M A Smith 813 Central Drive Colleyville, TX 76034 Guirguis, Waguih Etux Nancy 2325 Danielle Drive Colleyville, TX 76034 McNosky, Anthony T 5108 Pleasant Run Road Colleyville, TX 76034 List of Property Owners Notified 99 Main Investors LP 454 E. Oxford Rd. North Barrington, II 60010 Banks, James Etux Julia 715 Central Drive Colleyville, TX 76034 Colleyville 5005 Lie. 16 Seaview Dr, Kingston, MA 02364 D & V Walker Family Lp #2 Etal 5501 Normandy Dr. Colleyville, TX 76034 Fay Family Lp. 4605 Mill View Dr. Colleyville, TX 76034 Ghauri, Khalid Pervez 92 Piazza Lane Colleyville, TX 76034 Haley, Jason B Etux Kimberly K 711 Central Drive Colleyville, TX 76034 Merced Partners Lp. 62 Main St. Colleyville, TX 76034 Applebee's Of Texas Inc. 4551 W. 107th St. Ste. 100 Shawnee Mission, KS 66207 Brothers, Lloyd PO Box 45 Colleyville, TX 76034 Colleyville Glade Corp. 17400 Dallas Pkwy. Ste. 216 Dallas, TX 75287 Elixer Salon & Day Maker Inc. 85 Village Lane, Suite 150 Colleyville, TX 76034 G & B Property Mgt. Group Lp. 62 Main St. Suite 110 Colleyville, TX 76034 Groffman, Steven Etux Beth 815 Central Drive Colleyville, TX 76034 J P Morgan Chase Bank PO Box 2558 Houston, TX 77252 Mazing, William L Etux Eoun 5007 Shadowood Rd. Colleyville, TX 76034 The Owl's Nest Lp 85 Village Lane, Suite 100 Colleyville, TX 76034 Young, Catherine Sue 811 Central Drive Colleyville, TX 76034 Turner, Christine 713 Central Drive Colleyville, TX 76034 Village Fine Homes Ltd. 2557 SW Grapevine Pkwy, Suite 200 Grapevine, TX 76051 Village Management Ltd. 32 Village Lane Suite 200 Colleyville, TX 76034 Realty Capital Village #1 Lp. 32 Village Lane, Suite 200 Colleyville, TX 76034 Rogers, J Andrew 201 Main St. Suite 2500 Fort Worth, TX 76102 TCBE Investments, Le. 5004 Thompson T erraee Colleyville, TX 76034 Sawyer, Nelle C Tr. 1594 Kalaniuka Circle Honolulu, HI 96821 Venable, Ruth M PO Box 362 Colleyville, TX 76034 Village Builders Ltd. 32 Village Lane, Suite 200 Colleyville, TX 76034 Village Jv Lie. 4400 Eaton Cr. Colleyville, TX 76034 Village Management Ltd. 99 Main St. Suite 200 Colleyville, TX 76034 Memo from Fire Marshal cc~n0 TexaS FIRE DEPARTMENT MEMORANDUM TO: M. Johnston, Fire Chief FROM: J. J. Jones, Fire Marshal DATE: 12/19/2005 SUBJECT: Village of Colleyville I have reviewed the proposal to amend the ordinance of the Village PUD. I would suggest that we add the following section to cover the entire Village: Add to Section 4 and Section 5: c. The buildinqs shall be equipped with fire detection and suppression systems as required bv the Collevville Fire Marshal. This is a very simple statement and will allow us to specify the type of fire sprinkler and fire alarm system for all buildings within this district. Currently, each lot of phase I has a fire line tap, anticipating the fire sprinkler system installation. Some of the issues we have found using the current standards: 30 Piazza This is the residential building at the corner of Piazza and Pleasant Run. Built according to the 2001 Codes and existing PUD, a fire alarm system was installed. The fire alarm was controlled by a single occupant, power for the system and telephone service depended on occupancy and payment by one of the residence. Likewise, without controls over the design of the fire sprinkler system, the sprinkler system and backflow device is under the control of one of the building occupants. If that home is sold or becomes vacant, it is difficult to manage this system since it is not in a "common area', independent of a single tenant. 51 Piazza We agreed to allow the installation of a "residential" fire sprinkler system since that was the intended use of the building. The very first occupant of this building was the building owner who occupied the space as his business office. The "garage" is used as an office, changing this use and design standard for the system. 62 Main A commercial system was installed in this building that initially included residential occupancies on the third floor. These type R occupancies included garages on the first floor, not typically requiring sprinkler protection. In fact, one of the garages was changed to accommodate the first floor restaurant. This garage area is now food storage and includes a freezer and rack storage. 55 Main / 85 Village These two buildings were built under the 91 Uniform Code and did not include standpipes. The developer desired to add a penthouse occupancy to the roof. Modifications would have required the addition of the standpipe. By requiring a commercial system, designed for the highest possible use of the building, this would have been anticipated and made the modifications possible. 32 Village This building was "reviewed" by an outside agency. Initially there were two mpletely different fire alarm systems. One in Goldies and another system for the rest of the building. The modifications to this design were expensive and inconvenient for the new owner. By allow us to specify the type of system, we could anticipate the highest possible use and provide consistent requirements for builders and vendors. Rather than write and include specific requirements in the Ordinance, I would suggest leaving us the ability to work with the developer for individual buildings. For example, if a Gazebo was constructed, it would not need either system. Likewise, if a single story 5,999 sq. ft. building was built, current fire codes would not require that the building have a fire sprinkler system or fire alarm system. Side lot lines and building set backs could put buildings very close together, perhaps requiring that the building have a system anyway. If the developer knew that all buildings would have an approved system, that design and system cost would be anticipated and there would be no retro fit costs if changes to the building or use happened. . Buildings would have a fire sprinkler system that meets the requirements of NFPA 13, (Commercial system with approved underground systems and backflow devices). . Designed for the highest possible use of the building. . Commercial systems would be maintained by an HOA or building owner, not an individual occupant. . System would be accessible from the exterior of the building, allowing for annual inspections of system and backflow devices. (Some systems are in garages of individual tenants now). . This would require/allow a visual inspection ad approval of the underground piping. . Individual tenant could not turn system off or have system turned off for non payment of electricity, telephone service or water. Thank you for the opportunity to provide input into this amendment. c: file ORDINANCE 0-06-1560 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE PUD-C DISTRICT CREATED BY ORDINANCE 0-99-1141, AND AMENDED BY ORDINANCE 0-02-1337.4, BY INCORPORATING ADDITIONAL DEVELOPMENT STANDARDS FOR CERTAIN DESIGNATED LOTS AND AREAS; AND REZONING APPROXIMATELY 1.08 ACRES OUT OF THE B.B.B. AND C. RY SURVEY FROM THE AG AGRICULTURAL DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; 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, an application for a zoning change was filed by Realty Capital Corporation on October 31,2005, under Case No. Z-05-034; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, Ordinance 0-06-1560 Page 2 of 5 having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the PUD-C District created by Ordinance 0-99-1141 on January 19, 1999, and amended by Ordinance 0-02-1337.4 on May 7,2002, is hereby amended to incorporate the following additional development standards pertaining to specific locations within the boundary of the PUD-C: K. ADDITIONAL DEVELOPMENT STANDARDS 1. Notwithstanding anything to the contrary contained in Ordinance 0-02- 1337.4, the following additional provisions shall be applicable to lots 18, 19, 20, 21, and 22, as depicted in Sub-Area "A" on the attached Exhibit "A: a. The building or buildings on all of these lots combined may contain up to a maximum of 70 residential units. b. The building or buildings on these lots shall be allowed to have four (4) stories. The height of the buildings may not exceed 56' measured to the eave of the fourth story of the building. c. The building(s) on these lots shall only allow retail or restaurant use on the ground floors of the buildings. d. The building or buildings on these lots must contain underground garages in order to accommodate a minimum of 1.75 parking spaces per residential unit. 2. Notwithstanding anything to the contrary contained in Ordinance 0-02- 1337.4, the following additional provisions shall be applicable to lots 15, 16, 17, 24, and 25, as depicted in Sub-Area "B" on the attached Exhibit "A: a. The building or buildings on all of these lots combined may contain up to a maximum of 70 residential units. b. The building or buildings on these lots shall be allowed to have four (4) stories. The height of the buildings may not exceed 56' measured to the eave of the fourth story of the building. c. The building(s) on these lots shall only allow retail or restaurant use Sec. 3. Sec. 4. Sec. 5. Ordinance 0-06-1560 Page 3 of 5 on the ground floors of the buildings. d. The building or buildings on these lots must contain underground garages in order to accommodate a minimum of 1,75 parking spaces per residential unit. THAT the PUD-C District created by Ordinance 0-99-1141 on January 19, 1999, and amended by Ordinance 0-02-1337.4 on May 7,2002, is hereby amended to incorporate the following property: L. ADDITIONAL PROPERTIES INCLUDED IN PUD-C BOUNDARY 1. The boundaries of the PUD-C District established by Ordinance 0-99- 1141 and the regulations established by 0-02-1337.4 are amended to include a 1.08 parcel, known as Tract 2A2 in the BBB & C Ry Survey, Abstract 206, addressed as 5108 Pleasant Run Road, and by changing the zoning of said parcel from the AG Agricultural zoning district to the PUD-C Planned Unit Development Commercial zoning district, as depicted as Sub-Area "C" on the attached Exhibit "A". 2. Sub-Area "C" shall be subject to all of the provisions of Ordinance 0- 02-1337.4, except where amended as follows: a. The building or buildings in Sub-Area "C" may contain up to a maximum of 70 residential units. b. The building or buildings in Sub-Area "C" shall be allowed to have four (4) stories. The height of the buildings may not exceed 56 feet, as measured to the eave of the fourth story of the building. c. The building or buildings in Sub-Area "C" shall only allow retail or restaurant use on the ground floor. d. The building or buildings in Sub-Area "c" must contain underground garages in order to accommodate a minimum of 1.75 parking spaces per residential unit. THAT the PUD-C District created by Ordinance 0-99-1141 on January 19, 1999, and amended by Ordinance 0-02-1337.4 on May 7,2002, is hereby amended to incorporate the following additional development standards: a. The requirement for an eight-foot (8') tall wrought iron fence where this PUD-C District abuts City Park, except for the City Hall and Library property, shall be deleted. b. A landscaped buffer with natural openings shall be provided in lieu of the wrought iron fence. However, in areas where a retaining wall borders City Park property, a 42" tall wrought iron guardrail shall be installed on top of the retaining wall. c. All buildings within this PUD-C shall be equipped with fire detection and suppression systems as required by the City of Colleyville Fire Marshal. THAT the PUD-C District created by Ordinance 0-99-1141 on January 19, Ordinance 0-06-1560 Page 4 of 5 1999, and amended by Ordinance 0-02-1337.4 on May 7,2002, is hereby amended to incorporate the following additional development standards: a. The requirement for a six (6') foot masonry screening wall along the entire length of the northern boundary from City Park to Pleasant Run Road is hereby deleted. b. A landscaped buffer with natural openings shall be provided in lieu of the masonry screening wall. Said landscape buffer shall consist of a row of trees. Trees shall be a minimum of four (4") caliper, spaced at 25' to 30' intervals. Trees shall be selected from the list of approved trees contained in Chapter 4 - Landscaping and Buffering of the Land Development Code. However, in areas where a retaining wall borders the northern property line, a 42" tall wrought iron guardrail shall be installed on top of the retaining wall. Sec. 6. THAT the provision contained in Section 1.E.1 of Ordinance 0-02-1337.4 regarding the 600 square foot maximum for ancillary residential structures shall not be applicable to Sub-Areas "A", "B" and "C" as identified on the attached Exhibit "A". Sec. 7. THAT the provision contained in Section 1.E.4 of Ordinance 0-02-1337.4 regarding the 400 square foot maximum for the additional story level above the third floor shall not be applicable to Sub-Areas "A", "B" and "C" as identified on the attached Exhibit "A". Sec. 8. THAT no certificate of occupancy shall be issued for a residential dwelling unit in Sub-Areas "A", "B" and "C" as identified on the attached Exhibit "A", until fifty (50) percent of the space reserved for retail and office use is constructed. Sec. 9. THAT the provision contained in Section 1.E.1.a of Ordinance 0-02-1337.4 regarding the limit of one residence per building site shall not be applicable to Sub-Areas "A", "B" and "C" as identified on the attached Exhibit "A". Sec. 1 O. THAT Section 1.E.1.a.4 regarding the forty-five (45) percent cumulative total square footage for residential shall be amended in its entirety to read as follows: a. Not more than 300 total residential dwelling units shall be permitted within the boundaries of the PUD-C zoning district initially created by Ordinance 0-02-1337.4 and expanded by the incorporation of additional properties with the approval of this ordinance. Sec. 11 . THAT the tracts and parcels of land described above shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Ordinance 0-06-1560 Page 5 of 5 Sec. 12. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 13. THAT if 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. 14. THAT in 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. 15. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. 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" ""'.,.":',,,,...,""""'........ ,,-- ~':"t"r- ," "I $1 ~~~ .:i.~ ~j "t.f "'I '1.::" &'l v,/' I ~~,',~~ I I I -I I I ! ~ N ~,.;::;:.:,-:~-;;:~,t ",,'.u "l ;:.$ t !$'f ..."'~ :fj '" . ~.,.{ ,Ji ~/ THE VILLAGE AT COLLEYVILL iY~54j.. ' 'iJU.AGE ~UN."tEWEt'iT < no IHi loU.l~ sTftrr.t SlHH 200 COl,U;ynLLF:, rf\:."s 7603t OdOl;,Cf, 200:') v . Posted on Tue, Dec. 27, 2005 Costs on many services, including electric, to rise By RA DYER STAR-TELEGRAM AUSTIN BUREAU AUSTIN _ Call it the year of the big squeeze: Thanks to Hurricane Katrina, tight fuel supplies and, in some cases, Texas regulators and politicians, consumers can expect to pay more in 2006 for myriad goods and services, including electricity, construction and maybe even local telephone calls. In some cases, the increases will be substantial. For instance, TXU will implement the second half of a 24 percent rate increase on Sunday. Likewise, Atmos Energy has projected a nearly 50 percent increase in home heating bills this winter, compared with last winter. Consumer advocate Carol Biedrzycki said 2005 was a tough year for Texas consumers -- and 2006 may be even worse. ''The price increases are at levels that are catastrophic for most people," Biedrzycki said. "Everybody you talk to is saying that they have to cut down on other expenses just to put gasoline in their car or to pay their utility bills. And I can't predict that prices are going to go down. I wish I could." Much of the bad news comes courtesy of a tight fuel market, which became even more constricted when Hurricanes Katrina and Rita interrupted production this year, Although prices at the gas pump have tapered off, the price of natural gas remains near record highs, That in tum has kept upward pressure on everything from the cost of home heating to running a clothes dryer and watching television. Rand LaVonn, spokesman for Atmos En~rgy, which serves about 1.7 million customers in Texas, said the cost of natural gas this month spiked to its highest level ever: about $15.10 per 1,000 cubic feet. The company earlier said that because of high natural gas costs home heating bills could go up 60 percent to 90 percent, although it has since scaled back its projection to about 48 percent. "That's why we're calling on people to ... weatherize their homes and to turn down the thermostat, if possible, to conserve energy," LaVonn said. The tight natural gas market has also helped drive up electric prices because of the use of gas to fuel power plants. However, consumer advocates also blame faulty state regulations that they say make it too easy for utilities to seek and gain approval for rate increases. a.lea." ''''"'''CRI\'lil''J'~tftt~tti';' "~:.ii'ff~'er'o'~~1"'i~;:"'fSO:Uf.lilSfIT,,',"1""."'.1::i1J""''V!1ff!itnu''''';2002:..;.,:thari';l~"" .th" ,".~.,.'I,~P!\YiL.~;'.P;.~tP!!~..!f'!,lL. ..g, U\t;"'P ",yJ~.. ,~~~Il;fl{b9IQ~j:I $rY..... ........ .~'I~O e 1).D'I....I'.;ait{Wiii.CP"~~u18il.'Y:;#4;Wf*'..e;ln.."*.;,:;."ll:lUOOWi~i\.'....ot;U;";~l'I~.<~'~.; ..... She also notes that low- It.. .m !A... ........W0;!9.!!'!~!N; ,... \!!!.KI*.,.~.w."LWj,... Pi~~f~m income residents got hit especially hard in 2005 when the state Legislature raided a special fund that provided them a 10 percent monthly rate discount and assistance to weatherize their homes, She said consumer advocates remain in negotiations with the Texas regulators to restore about half the $10 million previously available for home weatherization. TXU has also agreed to chip in money to reinstate the rate discount for roughly 120,000 low-income customers in its local service territory. TXU spokesman Chris Schein said the company offers a new deal that allows customers to guard against future increases by locking in rates for a year. He said customers who accept the offer can still switch at any time if they find cheaper service. But Schein and Biedrzycki cautioned customers about reading the fine print when shopping for cheaper electricity. 'We're finding that some of the offers that are being made, that consumers end up paying a lot more than what they would believe they would when they signed up," Schein said. Consumers could take other potential hits to their pocketbooks in 2006: By adopting Senate BillS, a major telecommunications law, the Legislature further deregulated local telephone service this year. As a result, phone companies are free to raise local rates, although they already had authorization to name their price for such add-ons as call waiting and Caller 10. The Texas Public Utility Commission will probably consider regulations relating to SB 5 this week, and some of the new regulations could take effect in January, a spokesman said. A new system governing food stamp disbursement could cost low-income Texans $50 to $80 each in benefits, according to the Center for Public Policy Priorities, a low-income advocacy group. The Austin- based group said that under the new system, the state is shutting down many local offices where Texans can apply and is instead encouraging online or phone applications. But because federal law requires a signed application before assistance can be disbursed, phone applicants may have their assistance delayed by days or weeks while the appropriate paperwork is shuffled through the mail. "People apply when they are the most desperate. They wait until the last minute when their fridge is bare, and they need the help immediately," said Celia Hagert, senior policy analyst for the center. She said the state can easily fix the problem by asking for a federal waiver relating to the phone application process. A spokeswoman for the state agency that administers the federal food stamps program said "there is no such thing as a simple waiver." She said that the new system will operate more efficiently, and that the state continues negotiating with the federal government to ensure that phone applications are processed quickly, On Dec. 21, state Attorney General Greg Abbott held that legislation intended to help Texans get less expensive pharmaceuticals from Canada violated federal law. According to a report in The New York Times, Hurricanes Katrina and Rita have contributed to rising prices for construction and building materials. The newspaper reported that prices have already increased and may rise even higher in six months. The Times reported that the cost of building a typical house may increase by $7,000 in 2006, and that the price of some materials like insulation and roofing could go up 20 percent to 50 percent in 2006. But there were some bright spots. For instance, state employees are slated to get the second half of a 7 percent pay raise in 2006, and teachers who earn the minimum for their level of experience will get a state-approved pay increase. In addition, starting Sunday, the first pay raise for Texas jurors in more than 51 years will go into effect. Under a new state law, pay will go to $40 per day, beginning on their second day of service, compared with the current day rate of $6. TXU's 24 percent rate increase approved 02:04 PM COT on Friday, October 28, 2005 By ROBERT GARRETT / The Dallas Morning News TXU Corp 4:03 PM ET 97 96 95 94 93 92 10:00 96.42 AUSTIN - The Texas Public Utility Commission approved +3.42 TXU Energy's request for a 24 percent increase in electricity prices Friday. Commissioners said a state electric-deregulation law gives them no choice but to let TXU boost its rates to 12:00 14:00 16:00 Previous close: 93.00 reflect higher natural gas costs. "We're bound to follow the law and our rules," Commisioner Barry Smitherman said. The vote was 3-0. State leaders have worked to cushion the blow on consumers, negotiating a deal with TXU and other incumbent electricity retailers for about half of the increase to take hold next month and the rest in January. The increase would push the average North Texas electricity bill in January to $150 from $110 last year, based on 1,000 kilowatt-hours of electricity. TXU's last price increase was in May. Also Online Electricity provider guide Also, TXU has said it will let residential and small business customers lock in the January rates for the whole year. Other incumbents have offered discounts and joined TXU in offering breaks to low-income customers. On Thursday, Gov. Rick Perry ordered state agencies to conserve energy and speed the licensing of new electric generating plants. He also ordered the PUC to carry out a campaign to educate the public about retail electric choice. "It is imperative that consumers not only have choices in the marketplace, but that the state undertake conservation measures," Mr. Perry said. PUC Chairman Paul Hudson said he understands "the upwelling of anger directed at this commission" over the 24 percent increase. , - "Let your outrage drive you to be the next one to switch," he said. About a quarter of North Texas residents have switched since most Texas consumers received the option to do so in January 2002. Mr. Hudson said he's often surprised by comments he hears from consumers, many of whom don't understand that they can shop for a lower price for power. The governor's order to the PUC said the educational effort "shall emphasize that service will remain reliable if customers switch to a competitive retail electric provider. " If power lines are knocked down in storms, said Commissioner Julie Parsley, "your electricity comes back on just as quickly," even after a consumer leaves an incumbent provider. "Same electrons, just sold by a different person," she said. Under the law, competitors may charge any rate they please. But incumbent power providers must receive approval from state regulators until January 2007 or until they've lost 40 percent of their customer base. The PUC has to sign off on what is known as the price to beat. It is the amount incumbent providers may charge. It is based on a formula that tracks the price of natural gas, which has doubled in the past year. A dozen companies offer electricity to customers in North Texas and on Friday, five charged less than the price to beat. TXU Energy generates about half its electricity with natural gas. It uses nuclear plants and coal burning generators for the rest. Paul Patterson, utilities analyst with Glenrock Associates LLC, said the PUe's action should give the company a boost. TXU's wholesale power business has done well in recent months, he said. "There's no question that they've got a competitive advantage with nuclear and coal plants. And on the retail side, this helps them because they're allowed to pass on the higher expense of natural gas in wholesale power prices," Mr. Patterson said. SPEAKER CARD Date '5 r900~ I wish to address the City Council on the following subject: d17 TY() Agenda Item Number: ~7 Name: L.UANN EDWM05 Address: r:9-ao w C:rt.. Ai) f 120 City: CJ Telephone No. 8/7/ yq& 01 ~ (p I represent: /lA-v ~tL-f f organization/self I understand that I am limited to five minutes and on items that are not designated as Public Hearings, the City Council must "suspend the rules" in order to hear public com ts Ir questions. Signed ~ jl=---o This information is a Public Record city or ~ CITY COUNCIL CC~~~n(6 Il'X,,$ AGENDA BRIEFING MEETING DATE: i 01/03/06 ITEM #: i 7 ORDINANCE #: i 0-06-1561 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: OFFICE OF THE CITY MANAGER SUBJECT: Approval of a one year extension of the current TXU franchise First Reading and Public Hearing The City of Colleyville's current franchise with TXU Electric Delivery (TXU) was originally passed on March 16, 1956 (Ordinance No.2), and was for a term of fifty years. It was later amended in 1993 (Ordinance 93-913) to comply with adopted legislation. The franchise is set to expire in March 2006. The City is currently negotiating with TXU for a new franchise. Due to ongoing negotiations, a new franchise agreement is not expected to be in place by March 2006. TXU has agreed to continue to operate and be bound by the terms under the current agreement until March 1,2007, or until a new agreement is adopted. Financial Impact None. TXU has agreed that it will continue to pay franchise fee payments in accordance with the current franchise. Recommendation Approval Attachments . Ordinance No.2 . Letter from Texas Power & Light dated March 31, 1956 . Ordinance 0-93-913 . Letter from TU Electric dated August 24, 1993 . Letter from TXU Electric Delivery dated December 19, 2005 . Ordinance 0-06-1561 ORD~~CE NO. 2 AN CRDI~ANCE aRJ.NTING 10 TEUS POWFB & LIaH'.r CXlMPAU. ItS OOCCESSOHS AJID ASSIONS. AN ~RIC LIGR'!', H!I'A! .AND ~W1'R l!UHCifISE. BE IT ORDAI~d!i'..D BY '1'tlEYILUO!~ COUNCiL nr nn; V1U.AGE 0' OOLLiinILLE. TEXAS. Seot1on 1. !hat. t.ber. 1. henbJ' craW to rex.. Po".. &. I.i.cht. CoIIpany. it. 8!UJO.."". and ..a1&M (h..cd.n tallea the IlQn n\ee.), the dgM. pri:f11egit and tranchi.. utU 'fareh 1, ~<<(t'P , to conat.ruct., u1n\a1n and o,.rate 1n4~' the p,......t and future Iftreet., a1'lqa, and pIlbl10 plao.. of _. '1U&g.~, ;...f4.P ColleTY1lle, 'lex.., and it. aucc...au, e1eot.r1c upn. and polfer line., with - r/! aU neo..8&l'7 01" d.airllbl. appurt.<<lance. (1ncl.u41ng urdU'p'ound oonQ.t1t.,polea, wiree. ~anad...ion Un.. and other lIt.ruc1;Qn;. and Mlepbone 1id.re. tor it. ova 11"), to.. the purpo.. or .~ eleot.r1cJ.t;y \0 lhe .aid Village, the 1Dhabltanta thereot, and pcroaon. and corporation. beyond. the l1:d.t.. tilereor, tor light.. beat, power and otb.. pllJ'po.... &eotioa 2a Poaa, .truotun. &ad oth.. aWuMerlam.. abaU be eo erected and uintainecS .. DOt to 1nWrtere \1DI'''lOllAblT With thtflc over street.. and alley.. the location ot all polea, ceDC\l1t.. II1d ct.her atrue\ur.. ahall be t1.xec1 ad.. the wpenU:io" or 1Ihe at-reet and all'7 oOllR1tte. ot tne Village ot ColleyY1Ue, or the lJ\1Ce...cr. to tb. duU.. ot t.bat cOllll1ttae. but DOt. ao .. to inW.tere unr..lIOnab1.;y Wi t.h the proper operat.ion ot IIlI1d Un... Section 31 The Mn1ce turn1ehed. here\Ulder to ..ld f1l.l.q. and ita lnbab1tallte Ib&l.l be .f'1rlft. cl... 1n aU reapecu con81derinc all cireulUtano.., and _aU ba eubject. to suh reaeonable rule. and r~t1.. as tIl. Grantee lIla;y make t'rClll t1M t.o 101_. The Granter. 1lIIl7 requu-e reasonabl. 'acuri~ for tne r>.~nt. ot it.. bWe. Section 4. T.I1. Grantee mall bold tone YWage narlll..... !rom aU expanse or llabillt.r fOil' .~ act or neglect. or the Grantee hereunder. Section 5. '!'hat on .ocep~anc. ot toi. tranohb. b1 texu Power .~ Light Colllp~, U.hall pa;y to the VUla,e ot CoUaynlb, the lhDIl or 1.W) IiUMDftEI) EIGlITI-ll'IVE ($28,.00) 00LI..Ii1lS .. S't.ran rental fbr waIve (12) .sntb.. eu.cceac1- lac March 1, 19$6. and on Karch 1, 1"7. and annualq tberatt.er on lifu'oh let ot .acb ItUCc..d.1ng 7ear tor the lit. of tnia tranohi.., T... Power & L~bt. ColllP~y, ita .-ueceaaora and .aa1gna, lIhall pq to the Y1llaga ot CoUerd-U. a ftftl equal to towo per cat (2%) or ita cro.. rnellle rece1. ved tro. the nle of eleotrlc energ b;y laid. Ck?nlPLV tl"Oll 1 ta residential and cOMBrclal bueine.. coQl1uctec1 Within tbe cOI'JIOZ'ate Um1ta or met 'Ulliga tor the prl"ftC)ed:1ng t.elve \1IOntila ending December lln, in tull ~nt for the pri"f1la&e ot using aad oceup,y1ng th.e .treets. b1chwa;y., ....an\8. all.,.., parb, iand o~r public plac.. in the Villqe ot Colle)'Y1l1e, whet.ber all rentU, .uperv1a1on and lnapecticm charges, or otherri.., tor twelve IIlOnth.. aucceed1nc Marcb bt or 1e&r in wb1cb paplent 1. IUcie. tbia pa,.ent ah&1.1 be in lieu of aIV other tax 01" 1ncr..... rate ot tax or other iIIpoai tiOR, ......-..nt., or charge a, ac.pt. act yalorn tax... Section 6: The arant." ehall rUe ita wri\tC'l aco.mea ot thi. franohi.. within sixV (60) dq. .tter H. p....g. Cld appl'oYal. Sectioa 1. Thia franch1.. ill not aalue1.n. and DOthing berein contained 8Ilall be conavud $0 .. 1;0 prnent. tM Village t!'Oll granting other like or similar rights and priYileg.. 1;0 I.lV other person. firm or oOrPOration. ?A5..'iEDA ~m A??ROV?1\ ton1e ~'./ &:. day ot ~, 19$6. ~~q ( StAL) ~,/( ~:/~~ yor 1'~- TEXAS POWER & LIGHT COMPANY EXECUTIVE DEPARTMENT DALLAS, TEXAS to 1.'D YIJUOI OOUICIL or tU VlLL10E or COLLEIttLLE, fEllS OeU.... !be 1III4er1l1p" .eby ac..,t.. tAe '-me ot that 0..'-111 franch1.. pa.""" and adeJpte4 w- tae fUlap Counoil ot the tillage of Co~U.t faa., by ..41_ne. daq apprwed l.y the ..or and a"eatecl by the ftUage 8eoret,aq on Kanh 16, US6, ... be1D1, .Ali ORDIIWlCE GltAfffIlfG 1.U fEUS fOWIR feLlOIft' COMPAU, 118 SUCCES8JRS AND "ssm_s, AN1!I.IC!RIC LIOH!, BEA' AID POW. rlARCtlISl", .md tU.. here- with 1w aoc.,Mn.. of ft. tnnClh1ae .e required tv the t.ena of sob trancb:L.. ord1unce. III 'fI'B'tDl)II 1IfH.!8Blr; wit.lle.. 1Wt oo"orate 81pature and Hal ot fe.. Power &: Lt.p' 00t9UiY _ 1" dul.J IIUtbor1HCl ott1cera, thi. the 22nd 87 ot Karch, 1,S6. llY ~.e~ . , ~.~. , lftESt, fillS POWiR &: UOlft OOMPAWt Original acceptance of franchise, of which the foregoing is a true copy, was filed in IItY office on the S/~y of ~lJ1ra,~, 1956, at //.'/$ o'clock ...12...]. ~ ' : - cre ry 0 tbe Vill.ege of Colleyville, Texas (No Seal) ____.N~._____~~-__~_~_____.............__ 20 21 1 2 ORDINANCE 0-93-913 3 AN ORDINANCE AMENDING THE EXISTING FRANCHISE BETWEEN THE CITY AND TEXAS UTILITIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TEXAS UTILITIES ELECTRIC COMPANY; AND FINDING AND DETERMINING THAT .THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. 4 5 6 WHEREAS, Texas Utilities Electric Company (hereinafter 7 called "TU Electric") is engaged in the business of providing 8 electric utility service within the City and is using the public streets, alleys, grounds and rights-of ways within the 9 10 City for that purpose under the terms of a franchise ordinance heretofore duly passed by the governing body of the City and duly accepted by TU Electric; and 11 12 WHEREAS, TU Electric has, pursuant to said franchise 13 ordinance, been paying to the City a sum equal to three percent (3%) of its gross receipts from the retail sale of 14 electric power and energy within the City for the rights and 15 privileges set forth in said franchise ordinance and in addition thereto, has reimbursed the City for its ratemaking 17 expenses pursuant to Section 24 of the Public Utility 16 18 Regulatory Act; and WHEREAS, the City and TU Electric desire to amend said 19 franchise ordinance to provide for a different consideration to consist of a sum equal to four percent (4%) of its gross receipts from the retail sale of electric power and energy within the City, which different consideration includes, among other things, TU Electric's obligation to reimburse the City 24 for its ratemaking and other regulatory expenses to be 22 23 25 26 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 ....----.- --... ....... .....----~-T incurred by the City involving the regulation of TU Electric; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: SECTION 1. The consideration payable by TU Electric for the rights and privileges granted to TU Electric by the franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric is hereby changed to be four percent (4%) of its gross receipts from the retail sale of electric power and energy within the corporate limits of the City, said changed percentage to be applied to gross receipts beginning on June 1, 1993, and being payable as specified in said franchise ordinance and based upon the same time periods as specified in said franchise ordinance and being payment for the said rights and privileges during the period specified in said franchise ordinance, said payment being lieu of and shall be accepted as payment for all of TU Electric's obligations to pay municipal charges, fees, rentals, pole rentals, wire taxes, inspection fees, easement taxes, franchise taxes, certain regulatory expenses under Section 24 of the Public utility Regulatory Act or any similar or successor law or other charges and taxes of every kind, except ad valorem taxes, sales and use taxes, and special taxes and assessments for public improvements. SECTION 2. TU Electric shall make a one-time payment 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 hereunder for the purpose of making the changed consideration as specified in Section 1 hereof effective on June 1, 1993, without altering the payment dates specified in said franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric, said one-time payment being due and payable thirty (30) days after TU Electric's acceptance of this ordinance as provided in Section 6 hereof, and being a sum calculated as follows: (a) TU Electric shall determine the monthly average of its gross receipts from the retail sale of electric power and energy within the City during the period upon which the most recent franchise payment to the City prior to June 1, 1993, was based; (b) the said monthly average of its said gross receipts shall be multiplied by 1% (0.01); and (c) the product so calculated shall be multiplied by the number of whole months from June 1, 1993, through the last day of the last month for the period for which the most recent franchise payment made to the City prior to June 1, 1993, was made. SECTION 3. Notwithstanding anything to the contrary in section 1, hereof, if TU Electric files general rate cases and the City incurs cumulative expenses, otherwise reimbursable by TU Electric under Section 24 of the Public utility Regulatory Act or similar or successor law, in excess of $4 million, then in such event, TU electric shall reimburse all of the expenses incurred by the City in connection with all general rate cases filed during the period ended fifteen (15) years from the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 effective date hereof in excess of $4 million. The term "general rate case" as used in this Section means a rate case initiated by TU Electric in which it seeks to increase its rates charged to a substantial number of its customer classes in the ci ty and elsewhere in its system and in which TU Electric's overall revenues are determined in setting such rates. City agrees to exercise reasonable best efforts, considering the facts and circumstances, to keep its expenses on average to under $1,000,000 per general rate case. SECTION 4. Notwithstanding the provisions of Section 1 hereof, TU Electric will continue to reimburse the City's ratemaking expenses, if any, in connection with the appeal and any remand of Public utility Commission Docket No. 9300 that are otherwise reimbursable under Section 24 of the Public utility Regulatory Act, and will continue to reimburse the City's ratemaking expenses, if any, in connection with the Public utility Commission of Texas Docket No. 11735 that are otherwise reimbursable under Section 24 of the Public utility Regulatory Act to the extent that said ratemaking expenses are incurred through the entry of the last action by the Public utility Commission of Texas (i.e., the said Commission's order overruling the last motion for rehearing) in said Docket 11735; the City hereby agrees that any ratemaking expenses incurred in connection with said Docket 11735 that the City incurs on appeal of said order will be the City's sole responsibility and further agrees - - in the events that the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 City is a participant in the joint intervention of cities managed by the steering Committee of TU Electric service Area Cities intervening in Docket No. 11735, that the City decides to continue to participate with the steering Committee in such appeal of said order, and TU Electric is required to reimburse said steering Committee for ratemaking expenses under Section 24 of the Public utility Regulatory Act that are incurred on appeal of said order in Docket No. 11735 - - to reimburse TU Electric the City's share of reimbursable expenses related to said appeal and owed by TU Electric to said Steering Committee determined by the methodology chosen by the said steering Committee (the City to notify TU Electric of the method so chosen by the Steering Committee prior to the submission of an invoice by the Steering Committee for the payment by TU Electric of said reimbursable expenses related to said appeal) . SECTION 5. In all respects, except as specifically and expressly amended by this ordinance, the said franchise ordinance heretofore duly passed by the governing body of this City and duly accepted by TU Electric shall remain in full force and effect according to its terms until said franchise ordinance terminates as provided therein. SECTION 6. This ordinance shall take effect from and after its final passage and TU Electric's acceptance. TU Electric shall, within fifteen (15) days from the passage of this 18 19 20 21 22 23 24 25 26 1 2 ordinance, file its written acceptance of this ordinance with the Office of the City Secretary in sUbstantially the same form: 3 4 To the Honorable Mayor and City Council: Texas utilities Electric Company (TU Electric), acting by and through the undersigned authorized officer, hereby accepts, on this the 24th day of All~USt , 1993, Ordinance 0-93-913 amending the current franchise between the City and TU Electric. Further, in recognition of the fact that the current franchise between the City and TU Electric terminates prior to the expiration of fifteen (15) years from the effective date of said amendment, TU Electric hereby agrees to negotiate in good faith with the City for a new franchise to be effective on or before the termination of the current franchise and to include in said new franchise a provision that will give the City the full benefit of the fifteen (15) year provided for in Section 3 of said amendment. 5 6 7 8 9 10 11 12 TEXAS UTILITIES ELECTRIC COMPANY 13 , il~--::'" ~ice President BY: 14 15 SECTION 7. It is hereby officially found and determined 16 that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the 17 time, place and purpose of said meeting was given as required. AND SO IT IS ORDERED. The ~~t reading and PP~fc hearing being conducted on the ~ day of ~ ' 1993. The se~nd reading and bqblic hearing being conducted on the 1...1'1 -- day of ~r~/Y , 1993. The th~q reading and Rublic/hearing being conducted on the I'L~ day of -If1tJv!.r , 1993. 1 2 ATTEST: 3 4 5 6 =-22 AS TO FORM AND T~ 7 Ross T. Foster 8 City Attorney 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 LEGALITY CITY OF COLLEYVILLE '~~ - 'iChard Newton , t , -- -- -- ... .. - - --- August 24, 1993 JUELECTRIC Terry R. Grima s" Via P"siMIII TO THE MAYOR AND CITY COUNCIL OF THE CITY OFCOLLEYVILLE, TEXAS: The undersigned hereby accepts the terms of that certain franchise passed and adopted by the City Council of the City of Colleyville, Texas, by ordinance duly approved by the Mayor and attested by the City Secretary on August 17, 1993, same being, "AN ORDINANCE AMENDING mE EXISTING FRANCInSEBETWEEN THE CITY AND TEXAS UTIUTIES ELECTRIC COMPANY TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY TEXAS UTIUTIES ELECTRIC COMPANY; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH TInS ORDINANCE IS PASSED IS OPEN TO THE PUBUC AS REQUIRED BY LAW. " IN TESTIMONY WHEREOF, witness the corporate signature of Texas Utilities Electric Company by its duly authorized officer, this the 24th day of August, 1993. TEXAS UTIUTIES ELECTRIC COMPANY ~-#~ Terry R. . m .... Sr. Vice sident Original ~tance of franchise, of which the foregoing is a true copy, was fIled in my office on the 02- day of (5~1J1.h,; , 1993, at....f.... o'clock ...A.-.m. tySecretary ity of Colleyville, Texas (CITY SEAL) 1506 Commen:e Street DaUu. Texas 75201 (214) 698.3650 TXU Electric Delivery 200 N. Ector Euless. Texas 76039 Tel: 817-355-7001 Fax: 817-355-7090 sjohnson@txued.com ATXU ~.~ Electric Delivery Steve Johnson Area Manager Metro Area Relations December 19,2005 David Kelly Mayor, City of Colleyville 100 Main St Colleyville, Texas 76034 Mr. Kelly: TXU Electric Delivery Company confirms its commitment to continue to operate under and be bound by the terms and conditions of the franchise passed on March 16, 1956 in the City of Colleyville until a new franchise is adopted, approved and agreed to by TXU Electric Delivery Company and the City of Colleyville. TXU Electric Delivery Company agrees that it will continue to prepay franchise fee payments on an annual basis in accordance with the wishes of the City. Attached for your convenience is a copy of a Resolution, which effectively extends the term of said Franchise Ordinance until March 1,2007, while the City and TXU Electric Delivery work in good faith to negotiate and adopt a new electric franchise agreement. Please contact me should you have any questions. Jl Steve Jo son Received by the City of Colleyville: By: Date: Title: ORDINANCE 0-06-1561 AN ORDINANCE EXTENDING THE TERM OF AN ORDINANCE OF THE CITY COUNCIL OF COLLEYVILLE, TEXAS, GRANTING A FRANCHISE TO TXU ELECTRIC DELIVERY COMPANY, A SUCCESSOR IN INTEREST TO TXU ELECTRIC COMPANY; PROVIDING AN EFFECTIVE DATE. WHEREAS, TXU Electric Delivery Company, successor in interest to TXU Electric Company, a Texas Corporation, (hereinafter called "Company"), is engaged in the business of providing electric utility service within the City of Colleyville (hereinafter called "City") and is using the public streets, alleys, grounds and rights-of-ways within the City for that purpose under the terms of Ordinance 2 heretofore duly passed by the governing body of the City, adopted on March 16, 1956, and duly accepted by Company's predecessor in interest, TXU Electric Company (the "Ordinance"); and WHEREAS, the Ordinance was revised through the passage of Ordinance 0-93-913, and such revision has been incorporated into the Ordinance; and WHEREAS, said Ordinance expires on March 1, 2006, and City and Company are engaged in franchise negotiations and wish to allow additional time for such negotiations; and WHEREAS, Company reaffirms its agreement to continue to negotiate in good faith with City for development and approval of a new franchise agreement, and City and Company desire to extend said Ordinance. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. The term of Ordinance NO.2 of the City of Colleyville is extended to March 1, 2007, or until a new agreement is adopted. All other provisions of the Ordinance remain in full force and effect during the term as extended herein. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2006. day of The second reading and public hearing being conducted on the 2006. day of ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Matthew Boyle, City Attorney Ordinance 0-06-1561 Page 2 of 2 CITY OF COLLEYVILLE David Kelly Mayor CITY COUNCIL CD~~'" AGENDA BRIEFING Tl'x;:\$ MEETING DATE: 1 01/03/06 ITEM #: i 8 RESOLUTION #: ! R-06-2638 CITY MANAGER I DEPARTMENT HEAD I FINANCE REVIEW 1 Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Appointing a Tax Increment Financing District Board of Directors' Chairman Reading and Public Hearing As per the Tax Increment District Board By-Laws, Article III, Officers, Section I, Titles and Terms of Office, the City Council may, on an annual basis, appoint the chairman, whose term shall begin on January 1. A vacancy in the office of any officer, other than the chairman, shall be filled by a vote of a majority of the directors. Recommendation Approval Attachments . Tax Increment Financing District Board of Directors roster . Excerpts of the Tax Increment Financing District Bylaws . Resolution R-06-2638 Tax Increment Finance District Board CHAIRMAN Rich Hendler 2100 Highland Meadows Colleyville, TX 76034 W: 817.421,8165 H: 817.421.8164 F: 817.428.8966 M: 817.821,0005 hendlerr@ci.collevville.tx.us TERM: December 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 aversi@ci.collevville,tx.us TERM: December 2004 - 2006 Elaine Dolan 1313 Crest Drive Colleyville, TX 76034 W: 817,571.9833 H: 817.281,8211 F: 817.685.8942 dolane@ci,collevville.tx.us TERM: December 2004 - 2006 Tom Hart 1717 Avondale Colleyville, TX 76034 W: 817,975.3671 H: 817,540,1171 F: 817.835,0392 hartt@ci,collevville,tx,us TERM: December 2004 - 2006 Richard Newton 1208 Holly Lane Colleyville, TX 76034 W: 817,568,6043 H: 817.329.0100 F: 817.329.0448 newtonrw@verizon.net TERM: December 2004 - 2006 Tarrant County College Tarrant County College Dr. Larry Darlage 828 Harwood Road Hurst, TX 76054 W: 817,515.6670 darlaQe@iuno.com TERM: December 2004 - 2006 Grapevine-Colleyville ISO GCISD John Eubanks 7009 Lismore Court Colleyville, TX 76034 H: 817.481.3009 iohnteubanks@aol.com TERM: December 2004 - 2006 Tarrant County Jane Sanford 645 Grapevine Highway Hurst, TX 76054 W: 817.581,3600 isanford@tarrantcountv,com TERM: December 2004 - 2006 Revised 12/25/04 Tarrant County Hospital District Drenda Witt 1500 South Main Street Fort Worth, TX 76104 H: 817.927.1106 TERM: December 2004 - 2006 Revised 12/25/04 Section 6. Conduct of Business. At the meetings of the Board of Directors, matters pertaining to the purposes of the Zone shall be considered in such order as from time to time the Board of Directors may determine, At all meetings of the Board of Directors, the chairman shall preside and in the absence of the chairman, the vice chairman shall exercise the power of the chairman, The secretary of the' Board of Directors shall act as secretary of all meetings of the Board of Directors, but in the absence of the secretary, the presiding officer may appoint any person to act as secretary of the meeting, City staff shall provide notice of meetings and prepare meeting agendas. Within five days following each Regular and Emergency Meeting, a copy of the minutes of the meeting shall be submitted to the City Secretary of the City. Section 7. Compensation of Directors. Directors as such shall not receive any salary or compensation for their services, except that they shall be reimbursed for their actual expenses incurred in the performance of their duties hereunder. Section 8. Attendance. Board members shall make every effort to attend all Regular and Special meetings of the Board and/or Committees, The City Council may replace a City appointee of the Board or request replacement of an appointee from other taxing jurisdictions for non-attendance. ARTICLE III OFFICERS Section 1. Titles and Term of Office. The officers of the Zone shall consist of a chairman, a vice chairman, a secretary, and such other officers as the Board of Directors may from time to time elect or appoint; provided however that the City Council may, on an annual basis, appoint the chairman whose term shall begin on January 1, One person may hold more than one office, except that the chairman shall not hold the office of secretary, Terms of office for officers, other than the chairman, shall not exceed two years, All officers, other than the chairman, shall be subject to removal from office, with or without cause, at any time by a vote of a majority of the entire Board of Directors. A vacancy in the office of any officer, other than the chairman, shall be filled by a vote of a majority of directors, Section 2. Powers and Duties of the Chairman. The chairman shall be the chief executive officer of the Board of Directors and, subject to the approval of the City Council, he/she shall be in general charge of the properties and affairs of the Zone and shall preside at all meetings of the Board of Directors. Section 3. Vice Chairman. The vice chairman shall be a member of the Board of Directors, shall have such powers and duties as may be assigned to him by the Board of Directors and shall exercise the powers and duties as may be assigned to him by the EXHIBIT A R-98-1 RESOLUTION R-06-2638 A RESOLUTION APPOINTING A TAX INCREMENT FINANCING DISTRICT BOARD OF DIRECTORS' CHAIRMAN WHEREAS, in accordance with Tax Increment Financing District By-Laws, the City Council may appoint the Chairman whose term shall begin on January 1, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1, THAT Councilman is hereby appointed to serve as Chairman of the Tax Increment Financing District Board of Directors with a term expiring December 31,2006, AND IT IS SO RESOLVED. APPROVED THIS AYES, DAY OF NAYS AND 2006, BY A VOTE OF ABSTENTIONS, ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor COLLEYVILLE PUBLIC LIBRARY BOARD MINUTES November 14,2005 I. CALL TO ORDER - Chair Nancy Eytcheson called the meeting of the Colleyville Public Library Board to order at 7:06 p.m. ROLL CALL - Members present: Pat Jones, Karen Birkes, Nancy Eytcheson, Richard Roxburgh, Bonnie Carroll and Carol Wollin Members absent: Susan Potter Alternates absent: Dennis Healy and Angie Guthrie-Madison Ex-Officio Members present: Ginny Tigue and Susan Taylor Ex-Officio Members absent: Steve Banta, Nancy Coplen and Dr. Larry Darlage Council Liaison Present: Tony Licata Staff present: Mary Rodne II. Approval of October 10, 2005 Minutes - A motion was made by Carol Wollin and seconded by Bonnie Carroll to approve the October 10, 2005 minutes. Motion approved unanimously. III. LIBRARIAN'S REPORT a. Monthly Statistics Library Director Rodne distributed Colleyville Public Library October 2005 Usage Statistics, for review and discussion. Patrons had checked out a total of 12,116 items, 121 Colleyville residents registered for library cards, library patron visits totaled 6,777, attendance for programs totaled 951 and volunteer hours totaled 136.75 hours. Rodne also noted that the total circulation of library materials this year was 23% higher than the total circulation of library materials last year at this time. b. Donations Director Rodne reported that the Library had received $690, $500 from ExxonMobil, $150 from the Colleyville Garden Club and $40 from Laura Siegelman, in donations in October. c. Programs Director Rodne reported that Youth Services fall programs would be ending the week of November 28th and that Youth Services staff members were busy planning the next session of programs scheduled to start the week of January 23, 2006. Rodne noted that the new Books and Babies program which started on October 25 had been well received and that the session was filled, Rodne reminded everyone that the Library's 2nd Birthday Party event was scheduled on November 23, 2005 from 1 :30 - 3:30 PM and noted that the schedule of activities was included on the flyer distributed in the Library Board packets. Director Rodne also announced that the Colleyville Public Library was participating with 10 area libraries in the first North East Tarrant Reads event, which involves encouraging residents in all 10 communities to read the same book during a designated time period. The final activity of the event includes an author visit, which will be held in the Colleyville Center on April 6, 2006. It was noted that the committee had selected the best- seller Plainsong by author Kent Haruf as the featured book. IV. NORTH TEXAS REGIONAL LIBRARY SYSTEM (NTRLS) FALL MEETING REPORT Collin Wollin reported that she had attended a North Texas Regional Library System fall meeting on October 24, 2005 and gave highlights of the meeting. Wollin reviewed several issues regarding the Texas State Library Sunset Self Evaluation Report and referred all Board members to the State Library website to view details of the report and general comments from the Library public regarding the proposed issues. Director Rodne noted that she had attended the same meeting on November 2, 2005 and that those in attendance had shared the same concerns on several proposed issues. Rodne announced that the Colleyville Public Library was hosting the next meeting for the public library directors of North Texas (PLANT) on November 18, 2005 and that Peggy Rudd, the State Librarian, would be the featured speaker to discuss the report. Rodne noted that she would provide an update on her report at the next Board meeting. V. POLICY REVIEW AND DISCUSSION A. Donation Policy Director Mary Rodne presented the Donation Policy for review and discussion. It was noted that recognition of donations needed further review. Discussion ensued. Consensus was that the policy be revised to include proposed recommendations for further discussion at the next Library Board meeting. VI. LIBRARY LONG- RANGE PLANNING UPDATE Director Mary Rodne noted that she was continuing to work with Chair Nancy Eytcheson on the selection of community representatives to serve on the community planning committee, Rodne reported that she had contacted a number of suggested representatives and that all had been interested in serving on the committee. Rodne noted that a confirmation letter would be sent to all committee members confirming the dates, times and location of the meetings, which are tentatively set to start in January of 2006. VII. VOLUNTARY LIBRARY FUND UPDATE Director Mary Rodne presented an update of the proposed Voluntary Library Fund study and noted that the study would be part of the long-range plan, so that sufficient documentation could be included to support the recommendation, if proposed. VIII. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT President Susan Taylor noted that the Friends had held a general meeting on November 3, 2005, in the Library meeting room and that the featured speaker local author Julie Ann Allen had presented an inspirational talk, which highlighted her new book. Taylor also reported that the Friends Used Bag of Books Sale held on Saturday, November 12, 2005, in the Library meeting room had been very successful. IX. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT President Ginny Tigue reported the Library Foundation mystery book-themed dinner, held on November 5, 2005, had been very successful and that they were still working on the final figures. Tigue also reported that the annual mailer had been sent out in September and that, to date, around $20,000 in donations had been received from the mailer. X. SUGGESTED ITEMS FOR FUTURE MEETINGS It was noted that the Code of Conduct would be reviewed in December. XI. CITIZEN COMMENTS None XII. ADJOURN: A motion was made by Pat Jones and seconded by Bonnie Carroll to adjourn the meeting. Motion approved. The meeting of the Colleyville Public Library Board was adjourned at 8:10 p,m, .~ 7'exa8 PLANNING AND ZONING COMMISSION MEETING MINUTES - November 28, 2005 CALL TO ORDER Chairman Byerly called the meeting to order at 7:00 p.m. INVOCATION Present: Commissioners, Robert McCormick, Dave Dudziak, Thomas Bartkowski, Mary Taylor, John Blassingame, Denis Duffy and Jeff Byerly Barry LeBaron and Amy Shelley from staff were present. The invocation was given by Commissioner Bartkowski ROLL CALL PLEDGE OF ALLEGIANCE APPROVAL OF MINUTES Commissioner Dudziak moved to approve the November 14, 2005 meeting minutes as written. Commissioner Duffy seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy and Byerly Nay: None LEGAL BRIEFING BY CITY ATTORNEY ON AGENDA ITEMS None CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None PUBLIC HEARING AGENDA ITEMS 1. Case Z-05-033 - PUBLIC HEARING - Request for a zoning change from AG and R40 to PUD-R on 3.756 acres, located at 5204 to 5212 Pool Road Barry LeBaron presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:10 p.m. Jim Dewey, the applicant, came forward to present the request and brief the Commissioners. David Staley, property owner and developer of the property, came forward to present the request and brief the Commissioners. Commissioner Duffy questioned Mr. Staley regarding the detention pond being in the upper left corner, is that also the open space areas for sports? Mr. Staley replied the detention area will be to the side. Commissioner Duffy questioned Mr. Staley regarding Planning & Zoning Commission Minutes - November 28, 2005 Page 1 of 6 where the aeration pond would be placed? Mr. Staley replied wanting to defer that question to the Engineer. Commissioner Duffy questioned Mr. Staley if the Homeowner's Association (HOA) information would be provided at the time of platting? Mr. Staley replied correct. Commissioner Duffy questioned Mr. Staley regarding if the 25 foot right of way has been acquired for the open space area and tree planting? Mr. Staley replied the 25 foot right of way has been acquired. There being no one wishing to speak, the public hearing closed at 7: 15 p.m, Barry LeBaron stated the detention/retention pond will be clarified before the platting of the property. An aeration device would not be placed in a pond that would only have water in it for a short period of time. Commissioner Byerly questioned staff regarding if the entrance will meet the standards of the master plan? Barry LeBaron replied staff is comfortable with the greenbelt area fronting the street at the 25 foot right of way. Commissioner Duffy made motion to approve case Z-05-033. Commissioner Byerly seconded. The motion was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Taylor, Blassingame, Duffy, Byerly Nay: None 2. Case Z-05-013 - PUBLIC HEARING - Request for a zoning change from CC2-Shopping Center Commercial to PUD-R Planned Unit Development Residential on 15.76 acres, located at the 931-1013 McDonwell School Road Commissioner Taylor recused herself from this agenda item. Barry LeBaron presented the case and briefed the Commissioners. Commissioner Duffy questioned staff regarding where the access to the tower will be located? Barry LeBaron replied there being an open space area that abuts the cell tower where the access will be located. Commissioner Duffy stated there is a masonry wall on the drawing that is in front of that tower, Barry LeBaron stated the developer would have to provide access through the masonry wall to the tower. Commissioner Duffy stated to staff the access has not been noted. Barry LeBaron replied this request is for zoning and at the time of platting, the access to the tower will be noted. Commissioner Duffy questioned staff if the property to the south would be included in this PUD-R request? Barry LeBaron replied not at this time, the developer has put some thought into that property because he does own that property, but that would have to be an amendment to this PUD-R. Commissioner Duffy questioned staff if that being the case, that 54 foot extension on the southeast corner would not be built upon? Barry LeBaron replied that is the understanding, but that is not what is being requested at this time. Commissioner Duffy stated there has been PUD regulation changes made since this application was submitted. Barry LeBaron concurred. Commissioner Duffy stated the Planning & Zoning Commission Minutes - November 28, 2005 Page 2 0'6 open space calculations probably include the islands; however the PUD regulations now do not permit the islands to be included. Barry LeBaron concurred. Commissioner Duffy stated the lower left hand of the southwest corner has a major pond in it. There is a path at the south end of the property that goes around those small ponds, but he stated not seeing any other paths. Commissioner Duffy questioned staff regarding the old and new PUD regulations, the new rules state 25 feet of open space is required after the right of way dedication for McDonwell School Road; however the chart does not indicate the 25 foot requirement. Barry LeBaron replied the developer has provided a greenbelt along the northern edge of the property but stated not knowing if it is 25 feet or not being that was not one of the standards at the time. Barry LeBaron stated staff did not gage the maximum open space allowed for detention, Barry LeBaron stated the developer is not required to have to do the paths in that open space. The only paths that he would have been required to do is the trail along McDonwell School Road, but that is already in because it was put in during the summer for access to the new elementary school. Commissioner Byerly opened the public hearing at 7:25 p,m. Konstantine Bakintas, Baird Hampton and Brown, the engineers and surveyors representing the applicant, came forth to present the request and brief the Commissioners regarding the request. Commissioner Dudziak questioned Mr. Bakintas regarding what are some of the amenities in the open space areas? Mr. Bakintas replied the amenities being similar to neighboring Rosewood Villas and the drawing shows what we are intending because these new residents are empty nesters. Commissioner Dudziak stated there not being any benches or tables or any areas for gathering on the drawing. Mr. Bakintas replied not being aware of any of those items being included at this time, but if that is something the Commissioners would like to see we can consider. Commissioner Dudziak questioned Mr. Bakintas why use a crushed granite on the pathways instead of concrete? Mr. Bakintas replied they could use concrete if desired and he stated the placement of the benches could be written into the language of the PUD ordinance for this project. Commissioner Dudziak questioned Mr. Bakintas regarding the compliance with aeration devices in order to have good clean flowing ponds? Mr, Bakintas replied if there are retention ponds then the aeration devices will be necessary and would be willing to write in to the PUD ordinance. Commissioner Duffy stated most of the open space next door in the Rosewood Villas is for aesthetic purposes; those areas are not usable areas. Is there a plan for those areas to be more accessible to the residents? Mr. Bakintas replied the greenbelt areas are going to accessible to the residents; the ponds will serve as detention and aesthetic purposes at this time we have not gone through the details regarding percentages for detention/retention or open space. Commissioner Duffy questioned Mr. Bakintas if the side yard set backs would be about 5 feet? Mr, Bakintas replied not being sure at this time. Commissioner Duffy questioned Fire Marshal Jeff Jones if the 5 foot side yard set back would be sufficient to get fire equipment through there? Fire Marshal Jones replied the Plann;ng & Zon;ng Comm;ss;on Mnutes - November 28, 2005 Page 30f6 set backs provided meets the code for being able to access the side of the home. Commissioner Dudziak questioned Mr. Bakintas if the $75 dollars per lot is going to be enough for maintenance of the street and lots by the homeowners? Mr. Bakintas replied they acknowledge the $75 dollar minimum; not that amount specifically; those Homeowners Association (HOA) documents will be drafted during the platting phase, John Gonzales spoke on behalf of his mother, Dolores Gonzales, 6408 Bordeaux Park, property owner in Rosewood Villas, stated being in favor of the rezoning request. Nelson Thibodeaux, 5612 Coventry Court, he stated being in opposition to the rezoning request. He stated this property has not lost its commercial potential. He stated wanting the Commissioners to consider the commercial aspect of this property. Ann Rodgers, 725 Arcady, Rosewood Villas residence, spoke in favor of the rezoning request and stated open spaces to kick soccer balls are not something she would be interested in doing. She stated not wanting commercial next to her property to keep the value of her neighborhood, not backing into commercial property. Linda Baker, 4900 Behrens Road, spoke in opposition to the rezoning request. She stated the CC-2 zoning was approved by city council as a transitional area from residential to commercial. She stated the potential owners in Rosewood Villas were made aware of the potential commercial property to neighbor Rosewood Villas. She stated wanting to preserve the commercial potential in this area. She stated empty nesters next to the elementary school would not be a good mix. The master plan was approved with this property being commercial. Larry Allen, 6420 Bordeaux, stated not really for or against the residential or commercial aspect, however, he stated he moved to this area to enjoy the smaller yard and amenities as an empty nester. Mr. Allen stated being in favor of the residential aspect next to the elementary school instead of commercial. There being no one wishing to speak, the public hearing was closed at 7:50 p.m, Commissioner Duffy stated not being in favor of this rezoning request because of drainage issues, lot density, and open space not meeting the percentage or accessible requirements and the loss of sales tax base. Commissioner Byerly concurred with Commissioner Duffy and stated the Rosewood Villas property owners were on notice regarding this property could potentially be commercial. Commissioner Dudziak made motion to deny case Z-05-013, Commissioner Duffy seconded, The motion to deny was approved by the following vote: Aye: McCormick, Dudziak, Bartkowski, Blassingame, Duffy and Byerly Nay: None STAFF REPORTS Barry LeBaron reminded the Commissioners about the workshop scheduled for Planning & Zoning Commission Minutes - November 28, 2005 Page 4 of6 December 5, 2005 at 6:30 p.m. He told them the agendas will be sent out this week. COMMISSIONER COMMENTS None ADJOURNMENT The Commission adjourned the meeting at 8:02 p.m. by acclamation. Respectfully Submitted, Amy Shelley Planning and Zoning Assistant Approved on: December 12, 2005 Planning & Zoning Commission Minutes - November 28, 2005 Page 50'6 RESOLUTION R-06-2639 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JANUARY 3, 2006 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, 2006, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary David Kelly Mayor