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HomeMy WebLinkAboutCity Council-Agenda Packets-6/5/2007~„ ,,, _ _ City of Colleyville Col ley Olle,aTexas 76034 l~@7i~' ~~ (817) 503-1000 Agenda www.colleyville.com ~. ,., City Council Tuesday, June 5, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of an amendment to Chapter 7, Section 7-155 of the Land Development Code regarding landmark signs, Case G-07-010 PC-2 Discussion and update concerning the Request for Proposals for a redevelopment study for the commercial properties located at Glade Road and SH26 PC-3 Discussion of the request by the Vanguard Estates residents to gate the Vanguard Estates Addition located on Bandit Trail and Vanguard Court, Case G-07-009 PC-4 Discussion of appointing a City Councilmember to serve on The T Southwest-to-Northeast Corridor Community Resource Council PC-5 Library Long-Range Plan Update PC-6 Presentation of the Police Department staffing assessment PC-7 Discussion of the June 5, 2007, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal -Discussion of pending or contemplated litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property City of Colleyville Page 1 Printed on 6/1/2007 City Council Agenda June 5, 2007 Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Drew Sherman, Highland Meadows Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-07-2837 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation Presentation of Life Saving Award to Fire Marshal Rob McKeown and Business Owner David Cole Presentation of Appreciation Award to Officer Bill Hudgins by Lisa K. Hill, Community Coordinator, Child Protective Services, Community Partners of Tarrant County Proclamation In recognition of National Garden Week and the Colleyville Garden Club, Carol Wollin, Colleyville Garden Club President, Colleyville Garden Club Officers Donna Ray, Anita Barnwell, Joyce Hammill, Kathleen Sorrell, Carl Trehus, Barbara Nuss and Nona Smith Plaque Larry Knox - In recognition of service on the Zoning Board of Adjustment Recognition Recognition of City of Colleyville Public Works Department employees for participation in the 2007 Public Works Road-e-o City of Colleyville Page 2 Printed on 6/1/2007 City Council Agenda June 5, 2007 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2838 4a Approval of minutes of the regular City Council meeting of May 15, 2007 4b Approval to amend the contract with Intermedix Technologies, Inc. to include a tablet PC for reporting enhancement of ambulance billing 4c Approval of a construction contract with Peachtree Construction, for the 2007 Street Resurfacing Improvement Project, in the amount of $110,944.30, and authorize the City Manager to execute the contract 4d Approval of a Final Plat for Lots 1-13, Block 1 of the Highland Park Addition located at 5800 Pool Road, Case P-07-024 4e Approval of the right-of-way purchase for the Church Street Realignment Project 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1619 Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 4.4 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case Z-07-009 5b 0-07-1620 Approval of a Zoning Change from CC1-Village Retail to PUDR-Planned Unit Development Residential on 4.4 acres on Lots 1 and 2, Block 1 of the Garden Addition located at 5505 Pleasant Run Road, Case Z-07-014 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1621 Approval for a Special Use Permit for a cellular tower on Lot 1 R, Block 1 of the Nystel Addition located at 1815 John McCain, Case Z-07-002 6b 0-07-1622 Approval of a request by The Dimension Group to amend the zoning and development requirements of the Planned Unit Development of the Starbucks Addition, located at 5520 Colleyville Boulevard, Case Z-07-015 City of Colleyville Page 3 Printed on 6/1/2007 City Council Agenda June 5, 2007 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2839 Approval of a Preliminary Plat for The Reserve at Colleyville Phase II Addition on 4.4 acres located in the 1000 block of Murphy Road, Case P-06-040 7b R-07-2840 Approval of Preliminary Plat for Lots 1-20, Block 1 of the Villas at Pleasant Run Addition located at 5505 Pleasant Run Road, Case P-07-020 7c R-07-2841 Consideration of appointments to the City Council Audit Committee 7d R-07-2842 Consideration of appointment of City Councilmembers to the Colleyville Economic Development Corporation 7e R-07-2843 Appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Colleyville Center Advisory Committee Minutes -February 19, 2007 Colleyville Center Marketing Subcommittee Minutes -April 23, 2007 Planning and Zoning Commission Minutes -May 14, 2007 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 5, 2007 - Reading and Public Hearing -Resolution R-07-2844 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, June 1, 2007, by 5:00 p.m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. ----- City of Colleyville Page 4 Printed on 6/1/2007 City Council Agenda June 5, 2007 If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 5 Printed on 6/1/2007 . iif, t.( F;C, ~~ ,.. ITr~+ City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 vrww. co 1 1 ey v i l l e. co m File Number: Version: 1 Requester: Community Development Department File Type: Pre Council Agenda Date: 06/05/2007 Agenda No.: PC-1 Status: Pre Council Controlling Body: City Council Final Action: File Name: Discussion of an amendment to Chapter 7, Section 7-155 of the Land Development Code regarding landmark signs, Case G-07-010 Attachments: Landmark Sign Examples History of Legislative File Version: Date: Acting Body: Action Text: 06/05/2007 City Council Title Discussion of an amendment to Chapter 7, Section 7-155 of the Land Development Code regarding landmark signs, Case G-07-010 Explanation An issue identified during the SH26 redevelopment study stakeholder meetings was the restrictions placed upon shopping center signage. Shopping center retailers along SH26 indicated the need to utilize more visible multi-tenant signs with design criteria not currently permitted by the Land Development Code. Citing existing developments in neighboring cities, shopping center representatives have requested staff consider amending the sign ordinance to incorporate standards allowing multi-tenant signs that offer greater visibility. Staff is in the process of drafting a proposed ordinance, which, if approved by the City Council, will amend Chapter 7 -Sign Regulations of the Land Development Code to add new provisions regarding multi-tenant signs. Staff recommends adopting regulations to permit the use of architecturally significant landmark signs, which would require City Council approval. Landmark signs "brand" a shopping center by providing a recognizable architectural feature associated with the development. The intent of the ordinance is to promote the use of landmark signs that will be free standing, four-sided structures providing an effective area for multi-tenant advertisement. Typically, a landmark sign will not exceed 35-feet in height and will be architecturally compatible to the principle building(s) on the property or overall architectural theme of a development. Staff recommends the adoption of minimum design criteria to aid in the review of proposed landmark signs. Proposed design criteria include, but are not limited to, structural height, width, advertisement effective area, and a minimum commercial development square footage. Staff proposes that all landmark signs require the approval of City Council. City of Colleyville Page 1 Printed on 5/30/2007 Agenda Briefing Continued Staff believes the proposed sign amendment would encourage tenants and developers to consider a Colleyville location and would provide an incentive for retailers to redevelop existing shopping centers in Colleyville. The proposed amendment to Chapter 7 of the Land Development Code does not require any review or recommendation from the Sign Board of Adjustment or the Planning and Zoning Commission. City of Colleyville Page 2 Printed on 5/30/2007 Landmark Sign Examples i i i ^. , . ,: ,. Painted opaque face 'halo' letters backlit Letters mounted 2' - - - _ ~' off facx of stony ~~'~' ~ ravr~rr t ~rsrratrrs iaruxr ~ I w~~~~_ . i r ~ ~~ ~• ). • Lf ~ µ~GI~IKYikfN.V.'~>7 (r y ~, ~~ ~. ': ~ 1~ . «~~ rMirs .~,Mt ~i[ ijlt-~r Ear. i €,~ .4,. , , . , „ ~~ ~.~ _ a ~ ~ ' ~ ' dU!MklM~~f~~ a ,~ ~~~ S ~ ~ " -~ .,~; ~. ~. ,~ F ~~~ ~ .M . t. ., ~ ~ ~~ ar r ~~~~~waS c y6 S~V Kl ~ ~ ~q,~'-,T ,f y .~ ; •K~ d ~ } S j k ~' ti ` ~. . t ' ~ d~ Yf ~ ;. 1 t ~~ Y~~ t $HFN t ~ ~ dr ~~ :-. ,, ~- .~ 's ~.. r, ~. ~. '~/: r+ .. .... ,.ate . ..,. ~n U ~ ~ , I!` •~ ~ E""'"'i . ~ ~ .wk"" , ~ , ~~~ .. ..~:~ ~. ~':~3 .. ~:.,,, n .p =~ 100 Main Street ~ ~ City of Colleyville Coll 8117) 03X1000 034 r.::: Agenda Briefing vvww.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Economic Development Department Agenda Date: 06/05/2007 Agenda No.: PC-2 Controlling Body: City Council Final Action: File Name: Discussion and update concerning the Request for Proposals for a redevelopment study for the commercial properties located at Glade Road and SH26 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 06/05/2007 City Council Title Discussion and update concerning the Request for Proposals for a redevelopment study for the commercial properties located at Glade Road and SH26 Explanation Following the announcement that Albertson's would close the Colleyville Boulevard store, a request for proposals (RFP) was developed by Economic Development staff to solicit input for methods to improve the marketability of the commercial areas at Glade and SH26. The RFP requested the consultant evaluate the commercial area from a planning standpoint, as well as considering land prices, rental rates and market demand. Consultants were requested to gather input from developers, retailers, local businesses and residents and provide recommendations to make the area a viable business location. A list of the types of retail tenants that the area could support would be included. Additionally, the consultant was to make suggestions for uses other than retail if the evaluation indicated the area would not support that use. It was further requested that the consultant provide graphics depicting the recommendations to help create a vision for the redeveloped four corners area. The RFP was sent to fifteen consultants who had been recommended by developers and regional cities. Three consultants responded. The Innovations Group of Austin provided a bid of $85,000 plus expenses not to exceed $4,000. Orasi Group of Fort Worth submitted a proposal of $17,000 for demographic analysis, $10,000 for site analysis and $13,000 for focus group analysis, plus $36,240 for architectural schematics. GSBS Architects submitted a proposal requesting to negotiate a fee based on services rendered, stating that the fee would be below $85,000. City of Colleyville Page 1 Printed on 5/30/2007 Agenda Briefing Continued Subsequently, the two major shopping centers in the area have been placed under contract by regional developers. The contracts preceded the International Council of Shopping Centers annual conference held on May 19-24. It is too early to evaluate the success of these developers in generating interest from potential tenants. Staff recommends that the selection of a consultant be delayed until such time as a developer comes forward with a specific request for assistance. In the event that neither property closes, staff would like to interview developers and re-submit an RFP based on information from those interviews. City of Colleyville Page 2 Printed on 5/30/2007 ~n .y ~ ~} ~ City of Colleyville Colleyv0~il e,aTexas 76034 ~~ ~ (817) 503-1000 ~~~~~~~ Agenda Briefing www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Pre Council Agenda Date: 06/05/2007 Agenda No.: PC-3 Status: Pre Council Controlling Body: City Council Final Action: File Name: Discussion of the request by the Vanguard Estates residents to gate the Vanguard Estates Addition located on Bandit Trail and Vanguard Court, Case G-07-009 Attachments: Notification List Letter from HOA Letter of Support Vanguard Exhibit for Turnaround History of Legislative File Version: Date: Acting Body: Action Text: 05/14/2007 Planning and Zoning Commission 06/05/2007 City Council Title Discussion of the request by the Vanguard Estates residents to gate the Vanguard Estates Addition located on Bandit Trail and Vanguard Court, Case G-07-009 Explanation The City of Colleyville has received a petition from the residents of the Vanguard Estates Addition to privatize the public streets in the development and construct a gate at the entry of the subdivision. The petition has been signed by 100% of the property owners. The Vanguard Estates Addition is located on the south side of Bandit Trail and contains 18 residential lots. The subdivision contains a single roadway, which is a cul-de-sac, and gains sole access from Bandit Trail. The location of the gate is proposed at the intersection of Bandit Trail and Vanguard Court, which is the interior street into the subdivision. The residents are requesting to privatize the roadway and gate the subdivision in order to mitigate traffic and ensure the safety of the children who live in the neighborhood. Attached is a map of the general area showing the Vanguard Estates Addition and the area surrounding the subdivision. Chapter 10 of the Land Development Code contains the regulations used for considering a request to convert a public street subdivision to a private street subdivision. The process includes written notification to all property owners of record, a public hearing by, and recommendation from the Planning and Zoning Commission and final consideration by the City Council. If privatized, the homeowner's association is required to establish a reserve fund for the maintenance and reconstruction of the private streets, drainage facilities and related appurtenances. Cify of Colleyville Page 1 Printed on 5/31/2007 Aaenda Briefing Continued The annual reserve fund contribution as presently required by the Land Development Code shall be a minimum of $75.00 per lot or otherwise determined by City Council. In a letter submitted by the Vanguard Estates Homeowner's Association, a reserve fund of $1,350.00 has been established. The HOA established the $1,3500.00 reserve fund by collecting $75.00 per the 18 lots within Vanguard Estates. The Engineering Department has estimated that the annual reserve amount necessary, in this case, to sufficiently fund the long term maintenance and reconstruction obligation is approximately $500 per lot. The Planning and Zoning Commission recommended the annual reserve fund contribution be established at a rate of $500 per lot. The homeowner's association has agreed to the rate of $500 per lot. The reserve fund contribution amount is determined by calculating the costs of infrastructure improvements distributed among the number of lots in the subdivision with regard to the expected service life of the infrastructure facilities. Infrastructure facilities include streets and drainage facilities. Expected service life includes a dollar amount for the yearly maintenance and eventual replacement of these facilities. The annual reserve amount will vary among neighborhoods as the number of lots, length of roadway and infrastructure service life may differ. Additionally, these estimates are figured using current replacement costs and do not include any inflationary rates. Attached is an exhibit depicting the location and design of the proposed subdivision gate. The Land Development Code requires the visitor call box to be located at least 50 feet from the boundary of the subdivision to provide sufficient space for automobile stacking. The applicant is requesting a waiver from the 50-foot distance requirement from the call box location to the subdivision property line. Due to the existing subdivision design, the call box location for the proposed gate is located approximately 40 feet from the subdivision property line. The applicant is requesting a waiver from the remaining 10 feet. Currently, there is approximately 20 feet of right-of-way between the subdivision property line and the edge of existing pavement for Bandit Trail. The 20 feet of right-of-way combined with the 40 feet of pavement from the call box to the subdivision property line total 60 feet of distance from the call box to the street. Bandit Trail is identified on the Master Thoroughfare Plan to have a final design width of 42 feet, which, if widened at a future date, would result in the edge of pavement of Bandit Trail being located approximately 50 feet from the call box. The 50 feet between the call box and the edge of pavement will provide the necessary distance for safe automobile queuing and turning within the subdivision. Approval of the request would additionally require approval of an amended plat or the approval of the abandonment of the public right-of-way in the development. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the May 14, 2007 meeting by a vote of 6-0, with the following condition: Staff recommends the annual reserve fund contribution be established at a rate of $500 per lot as estimated by the Engineering Department. City of Colleyville Page 2 Printed on 5/31/2007 Notification List OWNER owNER OWNER OWNER_NAME OWNER_ADDR CITY STATE ZIP SITUS_ADDR Addy, Gordon W 7217 Windswept Trl Colleyville TX 76034 007217 Windswept Tr Anderson, Douglas S 7313 Vanguard Ct Colleyville TX 76034 007313 Vanguard Ct Athulathmudali, K Etux Gowri S 7309 Vanguard Ct Colleyville TX 76034 007309 Vanguard Ct Aycock, Michael W Etux Janet 7417 Braemar Ter Colleyville TX 76034 007215 John McCain Rd Ballinger, Fred D Etux Brenda 304 Bandit Trl Colleyville TX 76034 000304 Bandit Tr Baze, Kevin Etux Michelle 501 Tumbleweed Trl Colleyville TX 76034 000501 Tumbleweed Tr Bernasek, F Richard Etux Regin 511 Alamo Ct Southlake TX 76092 007205 Vanguard Ct Blassingame, John & Gaylen 312 Bridlewood Ln Colleyville TX 76034 000400 Riverpath Bright, William R 7201 Windswept Trl Colleyville TX 76034 007201 Windswept Tr Broadland Ltd Partnership 8222 Douglas Ave Ste 605 Dallas TX 75225 000404 Riverpath Chen, Tai Wai D Etux Wai Kit 7205 Windswept Trl Colleyville TX 76034 007205 Windswept Tr Dekoven, Reginald Etux Sarah 7301 Vanguard Ct Colleyville TX 76034 007301 Vanguard Ct Gasper, John B & Charlene 298 Bandit Trl Colleyville TX 76034 000298 Bandit Tr H H D, Lp 1452 Hughes Rd Ste 200 Grapevine TX 76051 007312 Vanguard Ct Hryorchuk, John & Carolyn 7208 Vanguard Ct Colleyville TX 76034 007208 Vanguard Ct Legrand, Donald C Etux Dolores 302 Bandit Trl Colleyville TX 76034 000300 Bandit Tr Legrand, William D 300 Bandit Trl Colleyville TX 76034 000300 Bandit Tr Lukacsy, Gene T Etux Helga PO Box 1133 Colleyville TX 76034 007201 Vanguard Ct McNitt, Todd & Sharon 1909 Country Moss Way Southlake TX 76092 007200 Vanguard Ct Millman, Phillip D Etux Karla 7109 Vanguard Ct Colleyville TX 76034 007109 Vanguard Ct Old Grove Limited Partnership 8222 Douglas Ave Ste 605 Dallas TX 75225 007002 Broadwood Ln Prieto, Michael G Etux Debra 7305 Vanguard Ct Colleyville TX 76034 007305 Vanguard Ct Ringer, Rebecca Etvir Brian L 7209 Windswept Trl Colleyville TX 76034 007209 Windswept Tr Rodriguez, Anthony & Patsy L 7213 Windswept Colleyville TX 76034 007213 Windswept Tr Smullin, Robert D Etux Lyn T 7301 Windswept Trl Colleyville TX 76034 007301 Windswept Tr Stevens, Gregory Etux Suzanne 2321 Danielle Dr Colleyville TX 76034 007104 Vanguard Ct Symphony Properties Inc 6710 Carriage Ln Colleyville TX 76034 007308 Vanguard Ct Symphony Properties Inc 1009 Morton Hill Ln Haslet TX 76052 007300 Vanguard Ct Visions Southwest 10 Lp PO Box 1178 Grapevine TX 76099 000301 Bandit Tr Zim, Aldwin Etux Christine PO Box 1125 Bedford TX 76021 000000 John McCain Rd Vanguard Estates Homeowners Association Colleyville, Texas 76034 To: Planning and Zoning Commission and City of Colleyville Council The Homeowners' Association of Vanguard Estates (the "HOA") is requesting approval from the City of Colleyville to install a gate at the entrance of our subdivision, located at the corner of Bandit Trail and Vanguazd Court. All lot owners of the subdivision have signed a petition requesting approval of the gate, and in accordance with City policy the HOA has already set aside $1,350 as the first yeaz's deposit to a reserve for street maintenance of Vanguazd Court, which we fully understand will be the responsibility of the Association and the property owners of the subdivision once a gate is installed. Vanguard Estates is a small subdivision, with only 181ots. We currently have 13 homes, with three more under construction. There currently aze 53 residents of the subdivision, 27 of which aze children. Our primary purpose for installing a gate at our entrance is to increase safety and security, and we also believe that a gate will enhance our property values. As mentioned previously, there aze 27 children residing in our neighborhood. Since we have only one entrance to our subdivision, with a wide turn around at the center of our street around an island and a larger turnaround at the circle at the end of our street, the street is an ideal and populaz place for the children to gather and play. While the resident traffic is very light, we do get a substantial amount of "in and out" sightseeing traffic. We believe that a gate would minimize this traffic and enhance the safety of our children. Moreover, gating the subdivision and minimizing both vehiculaz and foot traffic would provide additional security for our neighborhood. We believe that our subdivision is ideally suited for the installation of an entrance gate. Since it is aone-entrance circle, the street is wider than is typical (37 feet) and has two broad turnarounds that are large enough to accommodate emergency service vehicles, including fire trucks. Our entrance is divided by an island, and there is room for two cazs side by side in the street on each side of the island. Based on the current width of Bandit Trail, there is a distance of 74 feet from the street to the proposed location of the gate. We understand that the City may in the future widen Bandit Trail. While it is not certain that this will be accomplished since Bandit Trail is currently designated a minor traffic artery, even if the street were widened, there would be 40 feet from the street to the call box. (See Plat Plans enclosed that demonstrate this). This would allow two cars to pull off Bandit back to back (and four back to back and side by side) if the first car was required to wait at the entrance of the gate. Given the size of our subdivision and the elimination of sightseeing traffic that would result from installing a gate, it is hard to imagine that a situation requiring that much room would ever arise. This is particularly true since residents will have remote gate openers to get access to the subdivision. Therefore the Vanguard Court HOA, representing its property owners requests the City of Colleyville to approve our petition to gate our subdivision. Thank you. 844205_1 RECEIVED f~1AY 0 3 2007 Per ............. Letter of Support March 19, 2007 City of Colleyville Community Development Department 100 Main Street Colleyville, TX 76034 Attn: Amy Shelley Planning and Zoning Assistance Re: Zoning Case #G07009 Vanguard Estates Residents Dear. Ms. Shelley, Unfortunately my wife and I will be out of town during the public hearing concerning the above referenced zone case. Please accept this letter as our positive reinforcement that the gate is absolutely necessary for this subdivision. The reasons are: 1. Safety for those of us who travel. 2. Reduction of traffic and limited access to construction workers. This is a high-end area and its residents would be grateful for the security the gate would offer for both the protection of our homes and our loved ones. Thank you for your consideration. Best regards, ~~~ Phillip D. Millman 7109 Vanguard Court RECEIVED MAR 2 1 2007 Per ............. 781 Lonesome Dove 7f'ail • Hurst, TX 76054. 7bll FYee: (888)307-5307 • Local.• (817) 656-5300 • Fax.• (817) 656-5305 Applied CYitical Care Sciences, Inc. s ~ ~ ~ e ~~ ~ a~ m W U ~ z W Q Q c ~ ~- z ~ w w 0 Qs~ ~ Q o ~ ~ n Q 7V d G. a ~ ~~ ~~ ~~ 8 0o Q o~ ~ U~ Z p~ ~~ ~~~~^ ~~ ~~~~~ W~ J~ Js z Wb Y 1~nOJ °~~n~Nd~l ,,, 100 Main Street ,/~'i ~~ `~' ~ City of C o I I eyv i I I e Col I X81'7) 503X1000 034 l~ ~~~~~~~ Agenda Briefing www~colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Office of the City Manager Agenda Date: 06/05/2007 Agenda No.: PC-4 Controlling Body: City Council Final Action: File Name: Discussion of appointing a City Councilmember to serve on The TSouthwest-to-Northeast Corridor Community Resource Council Attachments: The T Letter and CRC Representative Form.pdf History of Legislative File Version: Date: Acting Body: Action Text: 06/05/2007 City Council Title Discussion of appointing a City Councilmember to serve on The TSouthwest-to-Northeast Corridor Community Resource Council Explanation This item provides an opportunity for City Council to discuss and consider designating a member of the City Council to serve on The TSoutheast-to-Northeast Rail Corridor Community Resource Council. Last year, the Southwest-to-Northeast Transportation Corridor Study was completed and recommended building a commuter rail line from southeast Fort Worth, through downtown Fort Worth, on to Grapevine and into the Dallas/Fort Worth International Airport. The T is beginning an environmental review and preliminary engineering phase based on study recommendations. A second phase will include completing a Draft Environmental Impact Statement (DEIS), which documents existing natural, social, cultural and historic environments in the corridor. To complete the DEIS, two advisory groups will be formed. The Technical Advisory Committee (TAC) will be comprised of technical representatives from the cities along the corridor, Tarrant County, DFW Airport, regional transportation organizations and environmental agencies. The Community Resources Council (CRC) will be comprised of representatives of local governments, environmental, business, neighborhood and cultural groups and institutions, such as universities and hospitals, which serve the area. The T invited the Colleyville City Council to designate a representative to serve on the CRC and attend akick-off meeting on Monday, June 18, 2007 at 6:00 p.m. at the Intermodal Transportation Center, 1001 Jones Street, Fort Worth. Curvie Hawkins, The T's Director of Planning, extended the deadline for a response until the morning of June 6, 2007. City of Colleyville Page 1 Printed on 5/31/2007 Agenda Briefing Continued The T letter and Representative Information Form are attached for review. City of Colleyville Page 2 Printed on 5/31/2007 Southwest-to-Northeast Rail Corridor ~: ~~ Errviron~rientaf Import ~1adylPrelimin~rt Enysneen~ty May 17, 2007 The Honorable David Kelly Mayor City of Colleyville 100 Main Street Colleyville, Texas 76034 Dear Mayor Kelly, The Fort Worth Transportation Authority (The T) would like to invite you to join discussions about expanded passenger rail in Tarrant County. The T is embarking on the environmental review and preliminary engineering phase of the recommendation coming out of the Southwest-to-Northeast Transportation Corridor Study. That study, completed late last year, recommended building a commuter rail line from southwest Fort Worth, through Downtown Fort Worth, on to Grapevine and into Dallas/Fort Worth International Airport from the north. The study found a rail line along this route is the best investment The T can make in the southwest-to-northeast area to improve mobility and help address congestion and air quality issues. This next phase will include completing environmental documentation, called a Draft Environmental Impact Statement (DEIS), which will document the existing natural, social, cultural and historic environments in the corridor, identify potential impacts to those environments, and recommend measures to either avoid, minimize or mitigate the potential impacts. Enough preliminary engineering will be completed to allow the environmental team to document existing conditions and anticipated impacts. This phase will involve two advisory groups. The Technical Advisory Committee (TAC) will be comprised of technical representatives from the cities along the corridor, Tarrant County, DFW Airport, regional transportation organizations, and environmental agencies. The Community Resource Council (CRC) will be comprised of representatives of local governments, environmental, business, neighborhood and cultural groups, and institutions serving the area, such as universities and hospitals. We invite you or your designee to serve on the CRC. Enclosed is a member contact information form that provides us with your preferred contact information. Please complete the form and return via fax or postal mail no later than June 4, 2006. You or your designee is invited to attend a joint committee kick-off meeting, to be held on Monday, June 18, 2007 at 6:00 p.m. The meeting will be at the Intermodal Transportation Center, 1001 Jones Street, Fort Worth 76102. A light dinner will be served. Please R.S.V.P. to 817-215-8701 for this meeting, also no later than June 4th. Your comments and questions are welcome. Please contact Curvie Hawkins, The T's Director of Planning, at 817- 215-8632 or chawkins(cr~,the-t.com if you have questions or would like more information. We look forward to your participation in this exciting effort to bring expanded passenger rail to Tarrant County. Sincerely, Richard L. Ruddell President/Executive Director Enclosure Southtivest-to-Northeast Rail Corridor .,. ~_ ,,,~, ~ ~. ,.. ..,t~ .. Southwest-to-Northeast Rail Corridor Community Resource Council (CRC) Representative Information Form To help us keep accurate records, please provide the name of the person who was on the letter of request: CRC Representative's Name Title Group/Organization Representing Preferred Mailing Address City Preferred Phone Preferred E-Mail Address Zip Fax Please indicate any special contact information below. (If you prefer information to be sent to someone other than you -administrative assistant, etc.} State Forms may be faxed to 817-215-8709 or returned via U.S. Postal Service by folding this form as instructed on the reverse side. n ,„ 100 Main Street i ~ y ~ City of Colleyville Coll 8117) 03X1000034 ~M1 ~~~~~~~" Agenda Briefing www•colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 06/05/2007 Requester: Library Agenda No.: PC-5 File Name: Library Long-Range Plan Update Attachments: Library Long-Range Plan.pdf History of Legislative File Status: Pre Council Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 06/05/2007 City Council Title Library Long-Range Plan Update Explanation In January 2006, the Library Planning Committee began working on updating along-range plan for the Library using The New Planning for Results process designed for public libraries. The Planning Committee met for three working sessions during January and February of 2006 and followed the steps of the strategic planning process. The planning process outlined in The New Planning for Results is based on the assumption that excellence must be defined locally and that excellence results when library services match user needs, interests, and priorities. The process seeks to assess the strengths, weaknesses, opportunities and threats (SWOT) for the community, and then determine how the library can make a contribution toward achieving the community vision. The Planning Committee assessed the community's strengths, weaknesses, opportunities and threats. They compared the results of the current conditions to the community ideal conditions vision statement to identify the most important needs. The Committee then identified which of those needs could be met or provided for by the Colleyville Public Library. Following the SWOT analysis, the Planning Committee reviewed a comprehensive list of thirteen service responses, or distinct ways a library can serve the public. Based on a review of current services and community needs, the Committee suggested the following service priorities for the Library. • Current Topics and Titles, which emphasizes the library's role in fulfilling users' needs for current information about popular cultural and social trends and their desire for recreational reading, viewing, and listening experiences. City of Colleyville Page 1 Printed on 6/1/2007 Agenda Briefing Continued • Lifelong Learning, which focuses on the library's role in addressing the desire for users' self-directed personal growth and development. • General Information, which focuses on the library's efforts to meet the need for information and answers to questions on a broad array of topics related to work, school, and personal life. • Information Literacy, which emphasizes the library's role in addressing the needs for skills related to finding, evaluating and using information effectively. The recommended priorities were forwarded to the Library staff and Library Board for their input. Staff and the Library Board discussed the selected top services responses and agreed that the Library's Long-Range Plan should be structured around the four service responses. Next, Library staff drafted vision and mission statements for the Library and identified goals, objectives, and activities to implement the service priorities over the next five years. Plan drafts were presented to the Library Board for review and discussion in February and March of 2007. In April 2007, the Library Board approved the Long-Range Plan and recommended that the Plan be forwarded to the City Council for review. A copy of the Plan was presented to the City Council in May 2007. Currently, Library staff is working with Terry Leake, Finance Director, to develop a financial plan to implement key plan goals. It is anticipated that staff will complete the financial report in late summer. Consequently, staff is recommending deferring a joint meeting with the City Council and the Library Board until early fall. City of Colleyville Page 2 Printed on 6/1/2007 PUEiLIC LIEiRARY LONG-RANGE PLAN FY2007 - FY2011 Approved by the Colleyville Public Library Board APRIL, 2007 COLLEYVILLE TABLE OF CONTENTS Executive Summary ...................................................................................................... 1 Introduction ................................................................................................................... 2 Charts Registered Borrowers .................................................... ..................................... 2 Patron Visits .................................................................. ..................................... 3 Library Materials Circulation .......................................... ..................................... 3 Reference Transactions ................................................ ..................................... 4 Program Attendance ...................................................... ..................................... 4 Library Activity Summary ............................................... ..................................... 5 Activity and Resource Trends ........................................ ..................................... 5 Planning Process .......................................................................................................... 6 Planning Committee ................................................................................................ 7, 10 Community Needs ......................................................................................................... 7 SWOT Analysis ............................................................................................................. 8 Library Service Responses /Priorities ........................................................................... 8 Library Board /Staff Review .......................................................................................... 8 Developing The Plan ..................................................................................................... 9 Writing The Plan ............................................................................................................ 9 Vision /Mission Statements ........................................................................................ 11 Goals Goal 1: Current Topics and Titles ..................................................................... 12 Goal 2: Lifelong Learning ................................................................................. 15 Goal 3: General Information ............................................................................. 18 Goal 4: Information Literacy ............................................................................. 19 Conclusion .................................................................................................................. 20 II EXECUTIVE SUMMARY In January 2006, the Board and staff of the Colleyville Public Library began the process of developing along-Range Plan that would identify the community's information needs and how the Library could best address those needs. A Community Planning Committee was formed to guide the planning process. The Planning Committee included representatives from the community, City government, and the Library. By using a nationally recognized community-based planning model, the Committee ensured that the results of the planning process would be comprehensive, inclusive, bipartisan, and objective. Further, in addition to the solicitation of subjective input from the constituents served by the Library, the model mandated the utilization of statistical documentation so that the Library's existing and future performance could be identified, analyzed, and documented. The resulting Plan demonstrates that the community has embraced the Library and responded significantly to its initial services and resources. Indeed, during its inaugural year, the Library registered over 7,100 borrowers, attracted over 73,000 patrons, and checked out over 102,000 items from its collection. In its two subsequent years, the Library experienced double-digit increases in all areas with the exception of staffing and funding which have remained essentially constant. The statistics reveal that the Library is meeting an array of community needs. But there is more that can be done. Programs for children, teens, and adults can be expanded to meet emerging needs. The collection can be diversified and deepened with the addition of new materials and delivery systems. Reader services can be expanded to strengthen the Library's role as an information resource. Technology can be adopted that will make access to the Library's materials easier for community residents to access. The concept of lifelong learning can be advocated within the community and residents can be encouraged to participate more vigorously in their own personal development and enrichment. Finally, funding and staffing levels can be increased so that the Library can support the increased level of service that the community expects and deserves. By implementing the Planning Committee's recommendations, the Library can become a model of what can be achieved when dedicated people in the community come together to enhance their quality of life. Moreover, by building on its existing strengths and providing additional services, the Colleyville Public Library will fulfill its mission of delivering information to the residents of the community, Anytime. Anywhere. Long-Range Plan -April 2007 1 of 20 INTRODUCTION MOTIVATION FOR DEVELOPING A NEW PLAN The foundation for the Colleyville Public Library started February, 1991, when the City Council, in direct response to citizens' expressed desire for library service in the City, established the Colleyville Library Study Committee. The task of the committee was to study library alternatives to meet the current and future educational, personal, and recreational needs of the community. During the following decade, a series of long-range planning studies were conducted which led to the opening of Colleyville's first library on November 24, 2003. THE COLLEYVILLE PUBLIC LIBRARY In its first three years of service, the Library has provided significant levels of service and can celebrate many accomplishments. The Library staff and Board have been committed to providing responsive library support to the community and have greatly enhanced the Library's services, collections, and programs. The overwhelming community support for and response to the Library over the last three years has encouraged the Library staff and Board to continue pursuing initiatives that will increase Library use and support. COMMUNITY UTILIZATION Use of the Colleyville Public Library has continued to grow each year since its opening. The following charts indicate the increase in use of the Colleyville Public Library in its first three years of service. Registered Borrowers (Total number of registered library borrowers) 14,000 12,000 10,000 8,000 6,000 4,000 2,000 0 The Registered Borrowers chart (above) shows that in its inaugural year (2003- 2004; FY04), the Library registered 7,165 borrowers. By the end of FY05, borrowers had increased 22.4%. FY06 totals saw an increase of 35.3% over FY04. Long-Range Plan -April 2007 2 Qt 2q FY04 FY05 FY06 PATRON VISITS (Count of patron coming into the Library) 120. """ 100 80 60 40 20 FY04 FY05 FY06 The Patron Visits chart (above) displays a measure of traffic through the Library. During the inaugural year, 73,578 people came to the Library. Through FY05, visits increased 14%. At the conclusion of FY06, visits had increased 22.3%. Library Materials Circulation (Count of items checked out by patrons, books, etc.) 210,000 160,000 110,000 60,000 10,000 The Library Materials Circulation chart (above) measures the 102,165 items checked-out in the year ending September 2004. By the end of FY05, circulation had increased 27% over FY04; FY06 circulation increased 42.3% over FY04. Long-.":~.~ 91an -A~ci12007 `"'~~ FY04 FY05 FY06 Reference Transactions (Count of all Reference interactions with public) 40,000 30,000 20,000 10,000 The Reference Questions chart (above) measured 3,740 transactions processed by September 2004. In FY05, transactions increased 82.2% over FY04. By the end of FY06, questions had increased 85% over the transactions processed in FY04. Program Attendance (Count of all people attending Library programs) 12 10 8 6 4 2 FY04 FY05 FY06 The Program Attendance chart (above) shows that 5,267 people attended Library programs in 2004. Attendance increased by 28.8% in FY05 and by 44.5% in FY06 compared to attendance in the Library's inaugural year. Long-Range Fakan -April 2007 4 of 20 FY04 FY05 FY06 Library Activity Summary (All materials -checked in, checked out, renewed, and holds placed) 400,000 350,000 300,000 250,000 200,000 150,000 100,000 50,OOa FY04 FY05 FY06 The Library Activity Summary chart (above) shows that the Library staff handled 194,728 material transactions during FY04. This number increased by 26.5% in FY05 and by 42.2% in FY06 compared to the number of transactions in FY04. Activities and Resources 100 -~-Collection 80 i -~--Circulation ~ -f-Programs ~ ~ 60 ; -f-Patron Visits a 40 ~ ~-Borrowers 20 -~--Staff '~ + Hours 0 FY04 FY05 FY06 Fiscal Years The Activity & Resource Trends chart (above) compares selected activities to available resources. As the trend lines indicated, the availability of resources has not kept up with the community's utilization of Library services. Long-Range Plan -April 2007 5 of 20 As the statistics document and the graphs show, the Library is providing services that the community has embraced in a very convincing manner. There are double digit increases in all service areas and it is evident that the Library is addressing and meeting existing and emerging community needs. It is also evident that staffing and funding has not kept pace with the Library's commitment to provide service to the community. The remainder of this proposal will outline the process that the Library has used to identify existing, unmet, and emerging community needs. The proposal will also identify the strategies that the Library has developed to increase its level of service to the community. Finally, the proposal will identify the resources that will be required for the Library to provide this higher level of support and become the resource that the community wants and deserves. PLANNING PROCESS When the initial building phase of the Colleyville Public Library was completed, the Board and staff felt there was a need to create along-range plan for the Colleyville Public Library that would provide a strategic framework for the future. The Board and staff discussed long-range planning options and decided to develop a strategic plan for the Library, using The New Planning for Results process designed for public libraries. This planning process was developed by the Public Library Association of the American Library Association to encourage public libraries to define their services in light of the needs of the individual communities being served. The process emphasizes a streamlined, community-based approach to planning. The New Planning for Results is built on three assumptions: Excellence must be defined locally. It results when library services match community needs, interests, and priorities. Excellence is possible for both small and large libraries. It rests more on commitment than on unlimited resources. Excellence is a moving target. Even when achieved, excellence must be continually maintained. Consequently, the process asks key community stakeholders to assess the community's strengths, weaknesses, opportunities and threats (SWOT), and then determine how the Library can make a contribution toward achieving the community vision. To accomplish this task, the Library Board and staff formed a Planning Committee to launch the Library's planning process. Long-Range Plan -April 2007 6 of 20 PLANNING COMMITTEE The Colleyville Public Library's Planning Committee, consisting of community members, Library and City staff, and Library board members met for three working sessions during January and February of 2006 and followed the steps of the strategic planning process. The meetings were facilitated by a professional trained in the Planning for Results planning process. COMMUNITY NEEDS In the first stage of the planning process, the Committee looked at the community vision, examined community data, and identified community needs. The Committee used the Master Plan for the City of Colleyville as a resource document for basic data and information about the City. In 1998, the City Council had adopted a Vision Statement as a part of the 1998 Master Plan, and amended it in 2001 and again in 2002. The Planning Committee reviewed this Vision Statement and determined that, because it had been so recently amended, it still accurately reflected the current community vision for Colleyville. Colleyville Master Plan Vision Statement We, the citizens of Colleyville, are dedicated to preserving and enhancing strong family and community values, gracious suburban living, natural beauty and historical settings. We will foster and manage commercial and residential growth consistent with our city's resources, infrastructure and services. We will work in partnership with our school system to provide the best possible education and training for our following generations. We will promote effective and efficient city management and elected leadership. We are committed to the attraction and retention of a professional city workforce by making the City of Colleyville the "employer of choice" in Northeast Tarrant County. We will foster and manage commercial and residential growth such that both will be compatible with each other, with the quality of life objectives and within the confines of the resources of the City of Colleyville. We will provide safe, un-congested, visually pleasing roadways and attractive landscaped residential and commercial environments. We will balance development with parks and open spaces accessible to all citizens. We will provide our citizens with a safe community free of pollution, crime and drugs. We recognize that this vision statement is the ideal on which our community is shaping its future. Therefore, we the citizens of Colleyville, pledge ourselves to a program of goal-oriented actions and decision making for the betterment of Colleyville. The Colleyville Plan - A General Plan for Growth and Development 2004 - 2025 Long-Range Plan -April 2007 7 of 20 SWOT ANALYSIS Next, the Planning Committee assessed the community's Strengths, Weaknesses, Opportunities and Threats. They compared the results of the SWOT analysis (current conditions) to the community vision statement (ideal conditions) to identify the most important needs of the community. The Committee then identified which of those needs could be addressed by the Colleyville Public Library. LIBRARY SERVICE RESPONSES When the community needs were identified, the Planning Committee reviewed a comprehensive list of thirteen service responses, or distinct ways a library can serve the public. Following a discussion of the services the Colleyville Public Library currently provides, the Committee determined which of the service responses address community needs that the Library can influence. LIBRARY SERVICE PRIORITIES The Planning Committee then combined community needs with Library strengths and suggested the following service priorities for the Colleyville Public Library. CURRENT TOPICS AND TITLES, which emphasizes the Library's role in fulfilling its users' needs for current information about popular cultural and social trends and their desire for recreational reading, viewing, and listening experiences. 2. LIFELONG LEARNING, which focuses on the Library's role in addressing the desire for its users' self-directed personal growth and development. 3. GENERAL INFORMATION, which focuses on the Library's efforts to meet the need for information and answers to questions on a broad array of topics related to work, school, and personal life. 4. INFORMATION LITERACY, which emphasizes the Library's role in addressing the needs of its users for skills related to finding, evaluating, and using information effectively. When the Planning Committee completed this task, their role in the planning process was completed. The Committee's preliminary recommendations were forwarded to the Library Board and staff for their input. LIBRARY BOARD/STAFF REVIEW In the second stage of the planning process, the Library Board and staff of the Colleyville Public Library met in March 2006 to review and refine the service priorities recommended by the Planning Committee. The Board and staff Long-Range Plan -April 2007 8 of 20 examined the strengths and weaknesses of the Library as well as the opportunities and threats presented by the recommended service priorities. After consideration of these issues, the Library Board and staff gave full support to the four service priorities selected by the Planning Committee. The Library was now ready to start the third phase of the planning process, development of the plan. DEVELOPING THE PLAN In this phase of the planning process, the Library Board and staff considered a number of key factors in developing the Library's plan. These included: ~ recommendations from the Planning Committee, the Library Board, and the Library staff demographic projections ~1 community development expectations emerging trends affecting the Library's service population The library planners focused on the first key assumption of the New Planning for Results -excellence must be defined locally - it results when library services match community needs, interests, and priorities. This assumption led planners to set service-level goals for the Library to achieve in the next five years. National library standards were used as an evaluation tool to measure how the Colleyville Public Library ranked using these standards. The Library Board and staff selected several target areas for the Library to focus on in the next five years using national standards as a benchmark. These included: establishing secure and increased funding for the Library to develop collections, staff resources and facility reorganization. With the groundwork laid for the plan, the Library was ready to move into the last stage of the planning process. WRITING THE PLAN The final stage of the Library's planning process involved writing the plan. First, Library staff drafted vision and mission statements for the Library based on the recommendations and services priorities developed by the Planning Committee. Then, the Library Board and staff identified goals, objectives, and activities to implement the service priorities, which will serve as the Library's focus for the next five years. The Library Board reviewed drafts of the plan in February and March of 2007. In April of 2007, the Library's Long-Range Plan for 2007 through 209 9 was approved by the Library Board and forwarded to the City Council for review. Long-Range Plan -April 2007 9 of 20 THE PLANNING COMMITTEE The following members comprised the Colleyville Public Library's Planning Committee: Representing the Community: • Ashlee Welch, Student, Colleyville Resident • Faye Nedderman, Colleyville Resident, Library Patron • Gary Taraba, Colleyville Resident, First Library Board President • Jerome Davis, Member, Colleyville Lions Club • John Gray, Member, Colleyville Rotary Club • Lorine Rayburn, Colleyville Resident, Library Patron • Mary Alice Rippe, Member, Colleyville Friends of the Library, Library Board • Nancy Coplen, School Board Member, Grapevine-Colleyville ISD • Ret Stansberger, President, Colleyville Area Chamber of Commerce Representing the City of Colleyville Council: • Tony Licata, City Council liaison Representing the Colleyville Public Library Foundation: • Ginny Tigue, President, Colleyville Public Library Foundation Representing the Friends of the Colleyville Public Library: • Susan Taylor, President, Friends of the Colleyville Public Library Representing the Colleyville Public Library Board: • Susan Potter, Library Board member Representing the City of Colleyville Staff: • Paul Frederiksen, Assistant City Manager Representing the Colleyville Public Library Staff: • Erica Gill, Adult Services Librarian Other members involved ex officio: • Nancy Eytcheson, Chair, Colleyville Public Library Board • Mary Rodne, Library Director, Colleyville Public Library Planning Committee Trained Facilitator • Joan Cochran, Retired Verizon Process Manager Long-Range Plan -April 2007 10 of 20 COLLEYVILLE COLLEYVILLE PUBLIC LIBRARY PUDLIC LIBRARY The Colleyville Public Library will be the community's library, "Anytime. Anywhere." !, MISSION STATEMENT Colleyville residents of all ages will have state-of-the-art library services, accessible "Anytime. Anywhere." that will: ~ meet their needs for current high-demand topics and titles ~ assist them in their self-directed personal growth and development opportunities ~ provide the information services needed to answer their questions ~b develop their skills in finding and using information effectively Long-Range Plan -April 2007 11 of 20 GOAL ONE: CURRENT TOPICS AND TITLES All residents in Colleyville will have access in a timely manner to current, high- demand, popular materials in a variety of formats, anytime, anywhere, to fulfill their desire for enjoyable recreational experiences. Objectives: 1.1 Establish secure and dependable funding to support Colleyville residents' requests for current, high-demand materials by increasing the allocation of funding for the Library's materials collection in the Library's General Fund Budget from 0% to a minimum of 25% by FY 2007/2008; and annually by supporting opportunities for additional funding. Action Steps: / In the FY 2007/2008 budget process, incorporate funding to support the Library's collection of materials in the Library's General Fund Budget on an annual basis. / In the FY 2007/2008 budget process, establish the Library's General Fund budget as the primary source of funding for Library materials and the Voluntary Library Fund as a secondary source of funding for library materials, to enhance the Library's materials collection. / Annually, continue to support the fund-raising activities of the Friends of the Colleyville Public Library by providing space for book sales and other outreach initiatives. / Annually, continue support of the major fundraising activities of the Colleyville Public Library Foundation. / Annually, publicize existing donation options (e.g., memorials, birthday gifts, Adopt-a-Magazine program) and explore new donation options. / On an ongoing basis, designate library staff to identify grant opportunities and prepare applications. / Annually, review current library fee sources and identify new fee options when feasible. 1.2 On an ongoing basis, at Library looking for current, the items during their visit. least 70% of library patrons who come to the high-demand items will say that they obtained Long-Range Plan -April 2007 12 of 20 Action Steps: / Annually, the Library will allocate funding in the Library's materials collection budget for book, DVD, audio-book, and digital media lease plans to provide multiple copies of best-selling materials in high demand. / Annually, library staff will conduct the Materials Availability Output Measure to determine the percent of successful searches of library patrons. / On an ongoing basis, library staff will enhance the Library's Reader's Advisory Service to the public by creating bibliographies, suggested readings lists, etc. / During FY 2006/2007, the Library will evaluate the feasibility of offering electronic service enhancements options such as email alerts to announce new popular titles. 1.3 Annually, at least 85% of the holds placed on current, high-demand materials will be filled within 30 days. Action Steps: / On an ongoing basis, Library staff will monitor item hold lists and will automatically secure an additional copy when the number of holds per copy of a title exceeds three (3). / Annually, library staff will conduct the Document Delivery Output Measure to determine the percent of requests being tracked that are filled within 7, 14, and 30 days or longer. / During FY 2006/2007, staff will explore the feasibility of offering email and automated telephone hold notification options for patrons. 1.4 Total circulation of the Library's materials collection will increase by 7% annually for the next five years, increasing the Library's circulation of items from 177, 087 to 248,374, or 10 items per capita. Action Steps: / On an ongoing basis, Library staff will use popular demand as a primary criterion for building a collection that reflects Library user preferences. / On an ongoing basis, Library staff will maintain the Library's existing collection to identify damaged, worn, and outdated materials that need to be deleted from collection. Long-Range Plan -April 2007 13 of 20 / Annually, the Library staff will market Library materials by creating a variety of monthly theme mixed-media displays. / During FY 2006/2007, Library staff will explore options such as display end panels and free standing display furniture to merchandise library materials. 1.5 Expand the Library's popular materials collection by increasing the total number of items by approximately 10,924 items each year for the next five years and by increasing the collection size from approximately 43,378 to 96,000 items, or four (4) items per capita. [NOTE: This benchmark will place the Library in the 75`h percentile based on national library standards and will significantly improve the quality of the Library's current collection. Currently, the library is in the 5`h percentile.] Action Steps: / Allocate a minimum of 25% of the Library's annual operating budget to purchase new materials in a variety of formats selected primarily on the basis of local demand. / Annually, evaluate collection and format use statistics in order to adjust the corresponding budgets to reflect usage trends. / On an ongoing basis, evaluate emerging materials formats for possible inclusion in the Library's existing collection. 1.6 Increase the total number of Colleyville residents registered for library cards by at least 5% each year for the next five years to increase the percentage of residents registered for library cards from 45% to 60%. Action Steps: / Annually, the Library will be visible in the community by setting up promotional displays at City-sponsored events, school open houses, homeowner block parties, and other community events, whenever feasible, to promote Library card sign up and Library services. / Annually, the Library will promote library card registration during National Library Card Sign Up Month in September. / By 2008/2009, the Library will offer an online library card application process. Long-Range Plan -April 2007 14 of 20 GOAL TWO: LIFELONG LEARNING Colleyville residents of all ages will have a resource center that provides programs and materials that address their need for self-directed personal growth and development opportunities. Objectives: 2.1 Reorganize the Library's existing space, two levels, 24,000 square feet, and utilize 100% of available space to provide better support for the Library's Lifelong Learning Service programs for children and adults by FY 2009/2010 Action Steps: / During FY2007/2008, hire a library architect/interior designer to conceptualize how the Library can be expanded to increase its ability to provide additional services and how existing space can be reconfigured to increase its effectiveness. The designer will also be asked to identify the staffing and funding required to support the conceptualized. / During FY 2007/2008, develop a financial plan to secure funding for the Library's space reorganization program. / During FY 2007/2008, develop a financial plan to support ongoing operational costs of the Library's space reorganization program. / During FY 2007/2008, develop a financial plan to support ongoing staffing costs of the Library's space reorganization program. / During FY 2008/2009, have the library architect/interior designer develop drawings to show how the concept of expansion and reconfiguration can be implemented and provide a tentative budget and timetable for implementation. 2.2 Create exemplary children's programs to foster a lifelong love of reading and increase first-year program participation by 5% in each of the five (5) subsequent years. Action Steps: / On an ongoing basis, the Library will provide a variety of programs for children of all ages, beginning at birth. / On an ongoing basis, Library staff will evaluate the children's programs offered and adjust program offerings to reflect patron demands. / On an ongoing basis, the Library will maintain partnerships with community schools and school librarians to inform parents and Long-Range Plan -April 2007 15 of 20 students of the Library's services and programs that can help in achieving academic success. / During FY 2006/2007, the Library will enhance its Early Learning Literacy Center for children by purchasing six new computers and approximately 10-15 new top-rated educational software titles. / During FY 200612007, the Library will study the feasibility of developing an after-school Homework Center for school-aged children that offers a variety of top-rated educational software titles designed to help students build a well-rounded educational foundation. 2.3 Create an innovative Summer Reading Program for children of all ages that will increase first-year program participation by 5% in each of the four (4) subsequent years. Action Steps: / Annually, the Library will prepare professional quality brochures and sign materials to promote the Summer Reading Program. / Annually, the Library will maintain partnerships with community school organizations and school librarians to promote the Library's Summer Reading Program. / Annually, the Library will explore opportunities to develop partnerships with community organizations and local businesses to promote the Library's Summer Reading Program. / During FY 2007/2008, staff will explore the feasibility of offering online Summer Reading Program registration for patrons. 2.4 Create a Summer Reading Program for adults and teens to foster a lifelong love of reading and increase first-year program participation by 3% in each of the four (4) subsequent years. Action Steps: / Annually, the Library will offer and market a Summer Reading Program for adults and teens. 2.5 Develop and expand adult and teen programs during the non-summer months that increase first-year participation by 3% in each of the four (4) subsequent years. Action Steps: / During FY 2006/2007, the Library will launch several new book discussion program options for adults. Long-Range Plan - Aprit 2007 16 of 20 / On an ongoing basis, the Library will work with the Friends of the Library to increase the number of programs that appeal to the current or emerging interest of adults. / On an ongoing basis, the Library will provide ongoing programs for teens such as the Teen Book Discussion and will explore new programs and activities of interest to teens. / During FY 2007/2008, the Library will work with the Parks and Recreation Department to explore co-sponsored programming options of interest to senior citizens. 2.6 Establish the Library as the community's cultural center and increase patron visits to the Library annually by 5% for the next five years. Action Steps: / By the end of FY 2007/2008 the Library will evaluate its current "customer experience" and target ways that the Library can transform that "customer experience" to become an even more customer-centered library, a destination library with an enjoyable, friendly, and fun environment. / During FY 2006/2007, the Library will evaluate its current hours of operation to assess if the hours reflect user trends and demands. / During FY 2006/2007, the Library will evaluate the current staffing needs required to meet the Library's functional operation requirements. It is currently anticipated that the existing staffing level of 7.5 Full-Time Equivalent (FTE) staff members will need to increase to 10.5 FTE in order to support the Library's higher level of service. This level of staffing will be clarified and adjusted as necessary to meet service needs. [NOTE: Based on national standards (Staff/1,000 population), the anticipated increase in staffing will place the Library in the 50'h percentile, significantly higher than the current staffing level in the 25~h percentile.] / During FY 2006/2007, the Library will launch ayear-round series of cultural displays and programs that will be continued on an annual basis. Long-Range Plan -April 2007 17 of 20 GOAL THREE: GENERAL INFORMATION All Colleyville residents will have access to general information on a broad range of topics to meet their needs for information and answers to questions related to personal life, work, and school. Objectives: 3.1 The number of in-house, telephone and email general information patron questions answered by Library staff will increase by 5% each year for the next five years, which will bring the total of questions answered from 33,709 to 43,022. Action Steps: / On an ongoing basis, the Library will provide easy access to one-on- one general information assistance by having professional librarians available to assist patrons at adult and youth services reference desks all hours the Library is open for service. / During FY 200612007, study the feasibility of scheduling roving staff to be available to assist patrons at peak times. 3.2 Patron usage of electronic resources will increase by 5% each year for the next four years. Action Steps: / On an ongoing basis, Library staff will promote the Library's electronic resources in promotional brochures, during one-on-one general information assistance, and through the Library's web page. / On an ongoing basis, the Library will provide easy access to the Library's electronic resources in the Library and remotely through the Library's web page. 3.3 By FY 2010/2011, at least 80% of the patrons who use the Library's general information resources will indicate that the resources met their needs. Action Steps: / Annually, allocate a percentage of the Library's annual operating budget for the purchase of new general information materials in a variety of formats selected primarily on the basis of local demand. / Annually, Library staff will conduct Reference Transaction Surveys to determine the number of patron reference questions that have been answered. / On an ongoing basis, the Library will offer Interlibrary Loan Service for patrons. Long-Range Plan -April 2007 18 of 20 GOAL FOUR: INFORMATION LITERACY Colleyville residents of all ages will have access to state-of-the-art technology resources and instruction to develop skills needed to effectively navigate the current information world. Objectives: 4.1 Provide ongoing information literacy programs to assist Library patrons in developing their information skills that will be attended by a minimum of 624 patrons on an annual basis. Action Steps: / During FY 2006/2007, develop and launch hands-on computer training sessions for patrons on the use of the Library's online catalog and online databases. / During FY 2006/2007, develop and launch hands-on computer training sessions for patrons on the use of the Library's computers and software programs. / During FY 2006/2007, develop and launch hands-on computer training sessions for patrons on how to effectively find and use information on the Internet. / On an ongoing basis, the staff will evaluate the Library's information literacy programs and adjust program offerings to reflect patron demands. 4.2 Provide one-on-one information literacy assistance to Library patrons in person, on the phone, and by email so that they can develop their ability to find, evaluate, and use; increasing patron participation in this service 2% each year for the next five years. Action Steps: / On an ongoing basis, the Library will provide easy access to one-on- one information literacy assistance by having professional librarians or other trained staff available to assist patrons with computer questions at adult and youth services reference desks during all hours the Library is open for service. long-Range Plan -April 2007 19 of 20 CONCLUSION The Colleyville Public Library is a resource on the move. During its first three years of operations, the Library has implemented the vision of the City Council by addressing the information and self-development needs of Colleyville residents. And the residents have responded! During its inaugural year, more than 7,100 citizens registered as borrowers and more than 102,000 items were checked out of the Library's collection. In its subsequent two years of operation, the Library has experienced double digit increases in all of its performance metrics. Clearly the citizens are pleased with the Library's contribution to enhancing their quality of life. But the Library has not been content to rest on its laurels. As this Long-Range Plan indicates, the Library has identified four (4) major areas in which it can further impact the lives of Colleyville's citizens. These areas include: Current Topics and Titles, Lifelong Learning, General Information, and Information Literacy. With the continuing support of the City Council, the Board, the Friends, the Foundation and the residents, the Library is ready to embark on the next phase of its development. By approving and funding this Long-Range Plan, the City of Colleyville will ensure that the Library can move to the next level and serve as a model of what can be achieved when like-minded people come together to enhance their qualify of life. By so doing, they will also demonstrate, in a dramatic and verifiable way, that life-enhancing resources can indeed be made available, Anytime. Anywhere. Long-Range Plan -April 2007 20 of 20 '_' 100 Main Street ~ ~ ~~ City of Colleyville Coll (81'7) 03X1000 034 ~::;.:~ Agenda Briefing www•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/05/2007 Controlling Body: City Council Requester: Police Department Agenda No.: PC-6 Final Action: File Name: Presentation of the Police Department staffing assessment Attachments: Police Department Staffing Assessment.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/05/2007 City Council Title Presentation of the Police Department staffing assessment Explanation To assist with planning and development of City services, a Police Department staffing assessment was conducted January through March 2007, by the Institute for Law Enforcement Administration, asubsidiary of The Center for American and International Law, located in Plano, Texas. A team of senior level police officials who are enrolled in the Institute's 2007 Management College, conducted this research project, which assessed the department's current and projected staffing needs through 2012. The project objective was to determine the three-five year staffing needs of the Colleyville Police Department based on the department's goals of reducing response time, improving training, customer service and staff development with a focus on patrol staffing. Specific models were researched and used in the development of the study: • Officers per 1,000 residents • Units fielding per day as a function of population • Units fielded per day as a function of patrol activities • Units fielded per day as a function of the total obligated time Projected population studies, relevant issues and peer cities' benchmarks were also used in formulating the staffing assessment. The assessment is broken into three categories: 1) Safety Option -addresses increases in call load and improvements in the level of officer/citizen safety but does not allow an increase in the level of customer service or improved professionalism. 2) Service Option -addresses increases in call load, additional time to improve City of Colleyville Page 1 Printed on 6/1/2007 Agenda Briefing Continued customer services and professionalism, but does not allow for the demands associated with increased safety. 3J Enhanced Safety and Service Option -combines the safety and service options. The staffing assessment for the Colleyville Police Department recommends additional staff and positions to affect service/safety level options for the next five years. Chief of Police Tommy Ingram will present the attached staffing assessment. City of Colleyville Page 2 Printed on 6H/2007 0 a~ 1 ~~ ca :~ :.. .~ 1 tv Q 0 n~ 1 J (U C~' O ~ a ~ n • ~. V i a ~~ ca ~ m ~~ a p •- ~ .Q ~O D v c c D ~C Q Q~ 0 n~ .~. ~~ ' ~~ • . i r ~~ C i W o o ~ o ~ ~ ~ U ._ c~ • ~ . ~ c~ • ~.- a~ ~ t j 'Q~ ~~- .~ C~ T- c~ U a~ . ~ ~ ~~ ~ 1 • , ~ ~ + ' ~ ~ ~ -'. ., i " ~„ ~ ~: ! ~ ~ • ~ ~ ~ ~ ~; ~ s ~ ~ ~: 1 D Q 0 U Q a~ s. r-~ 1 .~. 1 ~1 ~i~ r I ~ ~V ~ ~~f .r: ,~ ~n _yr ~ ~+ ~ City of Colleyville Colley0v0~ille,aTexas76034 ~ (817) 503-1000 r.,.: Agenda Briefing www•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/05/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-7 Final Action: Secretary File Name: Discussion of the June 5, 2007, City Council regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/05/2007 City Council Title Discussion of the June 5, 2007, City Council regular agenda items City of Colleyville Page 1 Printed on 5/31/2007 F'z~v ,~ _ .ti 100 Main Street ~,T, .~ City of Colleyville Colleyville, Texas 76034 ~~„~ lv `i~. (817) 503-1000 ~~~~~~;~ Agenda Briefing www•colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Requester: Office of the City Secretary Agenda Date: 06/05/2007 Agenda No.: 1 File Name: Executive Session -Legal -June 5, 2007 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 06/05/2007 City Council Title Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 -Legal -Discussion of pending or contemplated litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 5/30/2007 RESOLUTION R-07-2837 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF June 5, 2007 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ,' In' ..1 _._~ ~~ ~-- ~ ,::;:~ City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 Agenda Date: 06/05/2007 Requester: Office of the City Agenda No.: 3 Secretary File Name: Presentations and Proclamations -June 5, 2007 Attachments: Thank You Letter.pdf National Garden Week Proclamation.pdf City of Colleyville Plaque - Larry Knox.pdf Equipment Road-e-o Results.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/05/2007 City Council Title Presentation Presentation of Life Saving Award to Fire Marshal Rob McKeown and Business Owner David Cole Presentation of Appreciation Award to Officer Bill Hudgins by Lisa K. Hill, Community Coordinator, Child Protective Services, Community Partners of Tarrant County Proclamation In recognition of National Garden Week and the Colleyville Garden Club, Carol Wollin, Colleyville Garden Club President, Colleyville Garden Club Officers Donna Ray, Anita Barnwell, Joyce Hammill, Kathleen Sorrell, Carl Trehus, Barbara Nuss and Nona Smith Plaque Larry Knox - In recognition of service on the Zoning Board of Adjustment Recognition Recognition of City of Colleyville Public Works Department employees for participation in the 2007 Public Works Road-e-o Status: Presentations or Proclamations File Type: Presentation or Proclamation Controlling Body: City Council Final Action: City of Colleyville Page 1 Printed on 5/31/2007 CHARLES E. FRAME 17 FAIR GREEN DRIVE TROPHY CLUB, TEXAS 76262 March 7, 2007 Mr. Robert McKeown 1900 Hall Johnson Road Colleyville, Texas 76034 Dear Mr. McKeown, Thank you for your assistance when I fainted at Reposados Mexican Grill last week. Thank you for calling the paramedics to take me to the hospital. I hope we may have the opportunity to meet again. Sincerely, Gt, ~ ~C `mil/~-ce~r~.C~ Charles E. Frame ~D~~~.I1~.~ti01~ CITY OF Colleyville, Texas WHEREAS: the Colleyville Garden Club is participating in National Garden Club week June 39, 2007, and WHEREAS, gardeners have a passion for nurturing the beauty and resources of the earth through the planting of seeds, the care of all plants and the riches of their efforts; and WHEREAS, gardeners seeks to add beauty, splendor, fragrance and nutrition to our lives through the growing of herbs, vegetables, foliage and flowers; and WHEREAS, Colleyville Garden Club has created gardens at Colleyville Center, the Lee and Leone Hodges Butterfly Garden at Kidsville and the Parks and Recreation Office; and WHEREAS, the Colleyville Garden Club's committee of Garden Angels watches over these gardens and schedules workdays to maintain tttm; and WHEREAS, Colleyville Garden Club participates in Keep Colleyville Beautiful and the Colleyville Arbor Day program that improves the beauty and quality of life in the City of Colleyville through such projects as planting a tree and fall and spring cleanups; and WHEREAS, Colleyville Garden Club assisted with the design, funding, and planting of a heritage garden at the historic Webb House; and WHEREAS, Colleyville Garden Club added perennial color to the existing beds at Colleyville City Hall and created a sanctuary space to honor all veterans of the United States Armed Forces at the Veteran's Memorial at Sparger Park, and dedicated this site as a Blue Star Memorial Byway. NOW, THEREFORE, 1, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, do hereby acknowledge the importance of gardening and the numerous contributions made to our community by the Colleyville Garden Club and acknowledge NATIONAL GARDEN WEEK- JUNE 3-9, 2007 IN WITNESS WHEREOF,1 do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 1st day of June 2007. May r ~~~ o, C le Tpx06 Presented to LARRY KNOX In Appreciation for Dedication and Service on the Zoning Board of Adjustment 2004 - 2007 National Public Works Week Equipment Road-e-o Southlake Texas May 25, 2007 City of Colleyville Results: Event -Don't Break It (Backhoe event) Place -Norman King 2"d Place -Steve Jalovec 3~d Place -Ramon Ortiz Event -Serpentine (Dump Truck) 1S Place -Ramon Ortiz 2"d Place -Marc Russell 3~d Place -James Watkins Event -Tower of Power (Gradall) 1 S Place -Steve Jalovec 2"d Place -Jon Escamilla 3~d Place -Norman King Event -Boot Scoot (Skid Steer) 1S Place -James Watkins 2"d Place -Ramon Ortiz 3~d Place -Ron Sommerfeld Event -Setting the Charge (Backhoe) 1 S Place -Rod Bybee 2"d Place -Jon Escamilla 3~d Place -Don Baker Event - Bash n Bowl (Excavator) 1 s Place -Norman King 2"d Place -James Watkins 3~d Place -Don Baker Ramon Ortiz -City of Colleyville All -Around Equipment Operator for 2007 Road-e-o Serpentine Overall 3~d Place Winner -Ramon Ortiz Road-e-o Setting the Charge Overall 3~d Place Winner -Rod Bybee RESOLUTION R-07-2838 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OFJUNE 5, 2007 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 the minutes of the regular City Council meeting of May 15, 2007 b. Approval to amend the contract with Intermedix Technologies, Inc. to include a tablet PC for reporting enhancement of ambulance billing c. Approval of a construction contract with Peachtree Construction, for the 2007 Street Resurfacing Improvement Project, in the amount of $110,944.30, and authorize the City Manager to execute the contract d. Approval of Final Plat for Lots 1-13, Block 1 of the Highland Park Addition located at 5800 Pool Road, Case P-07-024 e. Approval of the right-of-way purchase for the Church Street Realignment Project AND IT IS SO RESOLVED. APPROVED BY A VOTE OF _ ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2007. CITY OF COLLEYVILLE David Kelly Mayor "~-=-~ City of Colleyville f~ , <_<- . City Council Minutes -Draft ~<~<_,< City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, May 15, 2007 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 15, 2007, at 5:33 p.m. Mayor Kelly welcomed incoming Councilmember Carol Wollin. Public Works Director Steve Chutchian invited the City Council and staff to the Public Works Equipment Road-EO to be held May 25, 2007, at 8:00 a.m., at the Southlake Dragon Stadium. ROLL CALL: Councilmembers George Boll, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Acting Lieutenant Billy McCullough, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Director Chris Fuller, Budget and Administrative Services Manager Stephen Seidel, Communications Manager Mona Gandy, Management Assistant Matt McCombs, Human Resources Analyst Elise Welborn, Parks and Recreation Director Monica Walsh, Audio Visual Technician Les Earwood, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 Discussion of health insurance renewal and bid process Assistant City Manager Kelly Cooper provided information regarding the insurance renewal and bid process, an update to the work plan evaluating self-insurance and answered questions of the Council. There was general discussion regarding the self-insurance financial model and the fully insured plan. PC-2 Presentation of the Monthly Financial Report -April 2007 Finance Director Terry Leake presented the April 2007 Monthly Financial Report and reported that the current year taxes collected is the exact percentage of that collected through April 2006. City of Colleyville Page 1 Printed on 5/29/2007 City Council City Council Minutes -Draft May 15, 2007 PC-3 2007 Work Plan Update City Manager Bill Lindley provided a progress report on selected Work Plan projects and answered questions of the City Council. Mr. Lindley stated that the City has been notified by Tarrant County representatives that the County funded street project schedule has been revised. There was general discussion regarding the cleanup of silt in the roadways and the joint efforts of the Grapevine-Colleyville Independent School District and the City related to the improvements of Pleasant Run Road. PC-4 Presentation of the Quarterly Budget Update Budget and Administrative Services Manager Stephen Seidel provided a mid year update of the FY2007 budget including expenditure and revenue trends for the General, Utility and Drainage Funds and answered questions of the City Council. PC-5 Discussion of the May 15, 2007, City Council regular agenda items Mayor Kelly announced, due to a conflict of interest, Mayor Pro Tem Ayers would preside during consideration of Agenda Item 9b. There was general discussion regarding manual and automated water meters and the use of new technology for the efficient operation of City business. There being no further business, Mayor David Kelly adjourned the meeting at 6:09 p.m. PC-6 City Council Portrait Sitting The City Council convened for the City Council portraits. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 15, 2007, at 6:36 p.m. City of Colleyville Page 2 Printed on 5/29/2007 City Council City Council Minutes -Draft May 15, 2007 ROLL CALL: Councilmembers George Boll, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Director Chris Fuller, Economic Development Manager Scott Welmaker, Library Director Mary Rodne, Budget and Administrative Services Manager Stephen Seidel, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Audio Visual Technician Les Earwood, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 -Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City 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 6:37 p.m. and reconvened at 7:33 p.m. INVOCATION: Parviz Yazhari, Colleyville Baha'i Community PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-07-2834 This resolution was not needed. City of Colleyville Page 3 Printed on 5/29/2007 City Council City Council Minutes -Draft May 15, 2007 3. OATH OF OFFICE City Secretary Cynthia Singleton administered the Oath of Office to Mayor David Kelly and Councilmembers Carol Wollin and Tony Licata. 4. RECEPTION FOR CITY COUNCIL Mayor Kelly recessed the meeting at 7:38 p.m. for the City Council reception and reconvened at 7:59 p.m. 5. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly announced the first Firefighter Academy will be held June 18, 2007 for six weeks. Mayor Kelly invited citizens to participate in the Lion's Club X-Sightment Run, June 2, 2007, at the Colleyville Center. Mayor Kelly invited citizens to attend the Colleyville Annual Bar-B-Q Cook Off, benefiting the Special Olympics, June 1-2, 2007, 100 Main Street, at the Village at Colleyville. Mayor Kelly presented an engraved vase to Councilmember George Boll in appreciation of his dedication and service to the City of Colleyville. Councilmember Boll expressed appreciation to the citizens for allowing him to serve on the City Council, wished Councilmember Wollin the best, and expressed admiration for Mayor Kelly's leadership and the City Council. He commended the City Manager Bill Lindley and staff for a great job. Councilman Taylor stated Councilmember Boll has been a blessing and thanked him for his service on the City Council. Mayor Kelly welcomed Councilmember Wollin. 6. ELECTION OF MAYOR PRO TEM Mayor Kelly opened the floor for nominations for Mayor Pro Tem. Councilmember Hendler nominated Councilmember Ayers. Councilmember Taylor seconded the nomination. City of Colleyville Page 4 Printed on 5/29/2007 City Council City Council Minutes -Draft May 15, 2007 There were no other nominations. Councilmember Hendler moved to appoint Councilmember Ayers as Mayor Pro Tem. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 7. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2835 7a Approval of minutes of the regular City Council meeting of May 1, 2007 7b Approval of extending the FY2005 Water Meter Annual Purchase bid award to B2O and Associates, in the amount of $65,575.00 7c Approval of 2007 Safe Routes to School Grant application Mayor Kelly read Resolution R-07-2835 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. Councilmember Taylor moved to approve Resolution R-07-2835. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 8. ORDINANCES(S) SECOND READING AND PUBLIC HEARING 8a 0-07-1618 Approval to amend and replace the franchise contract for the collection and disposal of garbage, trash and recycling materials within the City of Colleyville Mayor Kelly read the caption of Ordinance 0-07-1618. City of Colleyville Page 5 Printed on 5/29/2007 City Council City Council Minutes -Draft May 15, 2007 Mr. Bob Kneis, District Manager, IESI Corporation, expressed appreciation for the opportunity to provide refuse service to the City and looks forward to continuing to serve the citizens of Colleyville. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Budget and Administrative Services Manager Stephen Seidel provided information regarding the proposed rate adjustment, recently approved refuse contracts of peer cities, the average refuse renewal rate for cities and answered questions of the City Council. Mr. Seidel stated that the proposed rate increase is a result of the increase in fuel and equipment costs and the approval rating by citizens, of the service provided by IESI Corporation, is 97% customer satisfaction. Councilmember Hart moved to approve Ordinance 0-07-1618. Mayor Pro Tem Ayers seconded the motion. Councilmember Taylor expressed appreciation to IESI Corporation for maintaining the rates for refuse services as fuel and healthcare costs rise and commended staff for the research and negotiation of the new rates. Mayor Kelly expressed appreciation to IESI Corporation and staff for working together to develop awin-win situation. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 9. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 9a 0-07-1619 Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 4.4 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case Z-07-009 Mayor Kelly read the caption of Ordinance 0-07-1619. Community Development Director Chris Fuller provided an overview of the request for a zoning change and stated the Planning and Zoning Commission recommended approval. City of Colleyville Page 6 Printed on 5/29/2007 City Council City Council Minutes -Draft May 15, 2007 Mayor Kelly opened the public hearing. Mr. Ron Shirley, 938 Castle Rock, Southlake, Texas, applicant, was present to answer questions of the City Council. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding improvements to Murphy Road. Mr. Kevin Kessler, 7950 Elmbrook Drive, Dallas, Texas, representing the applicant, spoke regarding traffic turning movements on Murphy Road, striping and pavement on Herbert Road and McDonwell School Road. 9b 0-07-1620 Approval of a Zoning Change from CC1-Village Retail to PUDR-Planned Unit Development Residential on 4.4 acres on Lots 1 and 2, Block 1 of the Garden Addition located at 5505 Pleasant Run Road, Case Z-07-014 Mayor Kelly recused himself from presiding during consideration of this item due to a conflict of interest. Mayor Pro Tem Ayers read the caption of Ordinance 0-07-1620. Community Development Director Chris Fuller provided an overview of the request for rezoning and stated that the Planning and Zoning Commission recommended approval. Mayor Pro Tem Ayers opened the public hearing. Mr. Kevin Kessler, 7950 Elmbrook, Dallas, Texas, applicant, provided an overview of the proposed development and answered questions of the City Council. Mr. Brant Roeming, 805 Thomas Street, spoke regarding the proposed lot size and the location of the entrance to the proposed development. Mr. Mike Marshall, 5707 Hidden Oaks, President of the Hidden Oaks Homeowners Association, spoke in favor of the proposed Ordinance. Mr. Bruce Crandall, 5412 Pleasant Run Road, spoke regarding density, lot size, traffic flow and generation and the location of the entrance to the proposed development. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Cify of Colleyville Page 7 Printed on 5/29/2007 City Council City Council Minutes -Draft May 15, 2007 There was general discussion regarding the entrance to the proposed subdivision. 10. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one wishing to speak concerning this item. 11. REPORTS: Colleyville Trails and Sidewalks Committee -January 23, 2007 Parks and Recreation Advisory Board Minutes -April 2, 2007 Zoning Board of Adjustments Minutes -April 10, 2007 There was no action taken on this item. 12. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 15, 2007 - Reading and Public Hearing -Resolution R-07-2836 This resolution was not needed. 13. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Taylor seconded the motion The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 8:51 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY OF Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary NAYS AND 2007. City of Colleyville Page 8 Printed on 5/29/2007 1n .q ~ -. City of Colleyville Colleyv0'~IeaTexas76034 ~ (817) 503-1000 ~~~~" Agenda Briefing www•colleyville.com File Number: Version: 1 Requester: Fire Department File Type: Resolution Agenda Date: 06/05/2007 Agenda No.: 4b Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval to amend the contract with Intermedix Technologies to include a tablet PC for reporting enhancement of ambulance billing Attachments: Addendum to Service Agreement (Triptix Program) History of Legislative File Version: Date: Acting Body: Action Text: 1 06/05/2007 City Council Title Approval to amend the contract with Intermedix Technologies, Inc. to include a tablet PC for reporting enhancement of ambulance billing Explanation Reading and Public Hearing The City of Colleyville has contracted with Intermedix Technologies, Inc. for approximately 19 months to provide ambulance billing. In FY2006, Intermedix increased ambulance billing collections by $91,000 over FY2005 collections. Intermedix has developed a tablet PC, which is equipped with the company's software programs. Use of this tablet PC will enhance reporting and identify chargeable expenses during the time the reporting information is entered. Staff seeks to amend the contract with Intermedix Technologies to include the tablet PC, which will be provided and maintained by Intermedix. Under the current contract, Intermedix Technologies receives 12% of billing collections for providing this service. The amended contract, which provides for the tablet PC and maintenance, would increase Intermedix Technologies' percentage to 13.3%. Financial Impact It has been determined that the Technologies will have a financial $2,600.00 annually. Recommendation Approval increase from 12% to 13.3% paid to Intermedix impact to ambulance billing revenue of approximately City of Colleyville Page 1 Printed on 6/1/2007 Addendum to Service Agreement (Triptix Program) THIS ADDENDUM TO SERVICE AGREEMENT (the "Addendum") is made and entered by and between Intermedix Technologies, Inc. ("Intermedix") and Provider (as defined on the signature page hereto) to amend the Service Agreement entered into by and between Intermedix and Provider on or about the day of (the "Original Agreement"). WHEREAS, Intermedix has developed the "Triptix" system running on "tablet PC's" to enter medical records and data into and interact with its main billing and medical records system (the "Product" as more particularly defined herein) that Intermedix is willing to make available under license to Provider upon the terms herein set forth; and WHEREAS, Provider has expressed a desire to use the Product; and WHEREAS, Provider acknowledges that, in connection with the provision of the Product and the Triptix devices, Intermedix is incurring significant per unit and, in some cases, per User out of pocket expenses; NOW, THEREFORE, FOR AND IN CONSIDERATION of the mutual promises and covenants contained herein and for other good and valuable consideration the adequacy and sufficiency of which is hereby acknowledged, the Parties agree as follows: ARTICLE I. DEFINITIONS Section 1.01 Definitions. For all purposes of this Addendum, the following definitions shall apply: (a) "Confidential Technical Information" shall mean any and all technical information of the designated Party except: (i) technical information which at the time of disclosure is in the public domain; (ii) technical information which after disclosure is published or otherwise becomes a part of the public domain through no fault of the recipient (but only after it is published or otherwise becomes part of the public domain); (iii) technical information which the recipient can show was in its possession at the time of disclosure and it was not acquired, directly or indirectly, from the other Party hereto; or (iv) technical information which was received by the recipient after the time of disclosure hereunder from a third party who did not acquire it, directly or indirectly, from the disclosure Party under an obligation of confidence. ADDENDUM TO SERVICE AGREEMENT PAGE 1 OF 12 For the purpose of this definition, specific technical information disclosed by one Party to the other pursuant to the provisions of this Addendum shall not be deemed, as to the recipient, to be within any of the above exceptions merely because it is embraced by more general information within one of the said exceptions. In addition, any combination of features disclosed by one Party to the other pursuant to the provisions of this Addendum shall not be deemed, as to the recipient, to be within any of the above exceptions merely because individual features of the combination are within any of said exceptions, but only if the combination itself and its principle of operation are within one of the said exceptions. (b) "Contract Rights" shall mean Intellectual Property and any other rights and interests of Provider or Intermedix in and under this Addendum, including other assets relating to the Product. (c) "Customizations" shall mean any changes to the Licensed Software requested by Provider and agreed to by Intermedix for increased or different functionality of the Licensed Software. (d) "Day" or "Days" shall mean a continuous calendar day. (e) "Documentation" shall mean any technical or instructional materials for the Licensed Software that are delivered to Provider by Intermedix. (f) "Defaulting Party" shall mean either Intermedix or Provider to this Addendum who has been served with written notice that it is not in compliance with any term to this Addendum. (g) "Effective Date" shall mean the date on which the Initial Fee is paid or, if no Initial Fee is required, the date on which the last party to this Addendum executed it. (h) "First Day of Service" shall mean, with respect to each Product Unit, the first day such Product Unit is delivered to Provider. (i) "Initial Period" shall mean, with respect to each Product Unit, the initial three- year period following the delivery of the Product Unit to Provider. (j) "Intellectual Property" shall mean all of Intermedix's rights in and to the Product, including, without limitation, Intermedix's copyrights, trademarks, trade dress, trade secrets, patents and patent applications (if any), and "know how" and any other proprietary information developed by Intermedix relevant to the Product. (k) "Initial Fee" shall mean, with respect to each Product Unit, the Third-Party Intellectual Property Royalty Payments required in connection with such Product Unit. (1) "Initial Term Early Exercise Payment" shall mean, with respect to any Product Unit, the payment required under the terms and provisions of Section 4.03 of this Addendum. (m) "Licensed Software" means the copies of Intermedix's software programs as are contained in the Product, including any Documentation included therewith. Intermedix may, at ADDENDUM TO SERVICE AGREEMENT PAGE 2 OF 12 its sole discretion, provide corrections and modifications to the Licensed Software from time to time. (n) "Licensed Territory" shall mean the area in which Provider operates its emergency medical service at the time of entering into this Addendum. (o) "Material Breach" shall have the meaning given to it in Article 5 of this Addendum. (p) "Material Non-Monetary Breach" shall have the meaning given to it in Article 5 of this Addendum. (q) "Product" shall mean, collectively, each Product Unit (a tablet PC, personal digital assistant or similar device), the Licensed Software, any Customizations with respect to one or more of the Product Units delivered to Provider, and any Third-Party Intellectual Property, as licensed to Provider under the terms and conditions of this Addendum. (r) "Product Unit" shall mean a single data collection device delivered pursuant to the terms and conditions of this Addendum containing one or more elements of the Product but shall not mean any ancillary devices or products provided by persons other than Intermedix. (s) "Third-Party Interface Devices" shall mean those devices that interface with the Product to transfer information, including medical monitoring devices for which Third-Party Intellectual Property Royalty Payments are made. (t) "Third-Party Intellectual Property Rights" shall mean the intellectual property rights of any third-party used in connection with the Product. (u) "Third-Party Intellectual Property Royalty Payments" shall mean the payments to be made directly by Provider or, indirectly, on Provider's behalf, as consideration for the licensing of any Third-Party Intellectual Property Rights. (v) "Updates" shall mean any and all revisions to the Licensed Software, and the Customizations or any other part of the Product, if any, as shall be delivered by Intermedix to the Provider from time to time. (w) "Users" shall mean any employees or independent contractors of Provider, all of whom shall have the right to use the Licensed Software, Customizations and any Documentation pursuant to the terms and conditions of this Addendum. ARTICLE II. PRICE AND PAYMENT Section 2.01 Adjustment to Rates of Compensation under the Original Agreement. The compensation due and owing Intermedix by Provider shall be increased as described on Schedule 2.01 during the Term of this Addendum. ADDENDUM TO SERVICE AGREEMENT PAGE 3 OF 12 Section 2.02 License Fees. In addition to the payments required pursuant to the provisions of Section 2.01 hereof, Provider shall make the payments in connection with Third- Party Intellectual Property Royalty Payments as further set out on Schedule 2.02 hereto. Section 2.03 Payment Terms. All undisputed amounts shall be paid within thirty (30) days of receipt of a valid invoice. Section 2.04 Taxes. Provider shall pay all taxes, duties or charges of any kind (including withholding or value added taxes) imposed by any federal, state, or local governmental entity for Licensed Software or Products and supporting training and Documentation and related materials and maintenance provided during the term of this Addendum, excluding only taxes based solely on Intermedix's income. Provider shall indemnify and hold Intermedix harmless from all claims and liability arising from Provider's failure to discharge or pay any and all such taxes, duties, or charges. ARTICLE III. PROPRIETARY RIGHTS Section 3.01 Provider acknowledges that Intermedix and its suppliers, including, without limitation, the suppliers of licenses of Third-Party Intellectual Property Rights, have, retain and own all right, title and interest in and to the Licensed Software, the Customizations, the Updates, any Documentation, and all patent, copyright, trademark and service mark and trade name and the goodwill associated therewith, trade secret, inventions, technology, ideas, know- how, and all other intellectual property rights and all other rights pertaining thereto. All such right, title and interest shall be and remain the sole property of Intermedix. Provider shall not be an owner or holder of any copies of, or have any interest in the Licensed Software or any Updates, Customizations, and Documentation but rather, such Licensed Software, Releases and Updates and Documentation are solely licensed for use pursuant to this Addendum. Neither Provider nor its Users shall: (i) remove any copyright, patent or other proprietary legends from the Licensed Software or any Product; (ii) sub-license, lease, rent, assign, transfer or distribute Licensed Software or any Product to any third party; (iii) alter, modify, copy, enhance or adapt the Licensed Software or any Product; (iv) attempt to reverse engineer, covert, translate, decompile, disassemble or merge the Licensed Software or any Product with any other software or materials; (v) otherwise create or attempt to create any derivative works from this Licensed Software or any Product, or permit persons who are not Users any access to the Licensed Software or its operations, and any attempt to do any of the above shall void all warranties given Provider by Intermedix. ARTICLE IV. TERM AND TERMINATION Section 4.01 Generally. The term of this Addendum shall begin on the Effective Date and shall continue until the end of the Initial Period of the last Product Unit delivered pursuant to the terms and provisions of this Addendum ("Initial Term"). Intermedix's Maintenance and Support obligations, as well as its development commitments, shall continue until the end of the Initial Term at the fees set forth by this Addendum; provided, however, that Provider or Intermedix may terminate this Addendum pursuant to the terms and provisions of this Addendum. ADDENDUM TO SERVICE AGREEMENT PAGE 4 OF 12 Section 4.02 Termination. Notwithstanding any other language herein or in the Original Agreement, a termination of the Addendum shall not operate to terminate the Original Agreement, but a termination of the Original Agreement shall operate as a termination or deemed of this Addendum. Notwithstanding anything to the contrary herein or in the Original Agreement, a termination of the Original Agreement may be deemed to be an elective termination and a default under this Addendum. Section 4.03 Termination of the Addendum. (a) Termination by Provider upon Intermedix Material Breach. Provider may terminate this Addendum (but not the Original Agreement) without obligations to pay the Early Termination Payment, if Intermedix commits a Material Non-Monetary Breach which breach, if capable of being cured, is not cured within 30 days of a written notice of termination (b) Termination by Provider without Intermedix Material Breach. Provider may terminate this Addendum (but not the Original Agreement) at any time by providing notice to Intermedix, making payment in full of the Early Termination Payment with respect to EACH Product Unit delivered pursuant to this Addendum and returning all Product Units to Intermedix. (c) Termination by Intermedix upon Provider Material Breach. Intermedix may terminate this Addendum if Provider commits (i) a Material Monetary Breach Provider fails to pay any undisputed amount due under this Addendum within 20 days after written notice of such nonpayment or (ii) a Material Non-Monetary Breach, which breach, if capable of being cured, is not cured within 30 days of a written notice of termination. Section 4.04 Any termination of the Addendum shall not: (i) release Provider or Intermedix from any claim of the other accrued hereunder prior to the effective date of such termination; (ii) release Provider or Intermedix from their obligations under Articles VII, VIII, IX, or Sections 4.05 and 4.06, respectively, unless otherwise released by the further terms hereof; Section 4.05 Upon termination of this Addendum, Intermedix shall remain the sole owner of the Product and all intellectual property and goodwill associated therewith, and Provider shall assert no rights thereto. Section 4.06 Delivery of Materials. Upon termination of this Addendum for any reason, Provider shall immediately discontinue use of the Product including all Documentation and within ten (10) days return each of the Product Units and certify in writing to Intermedix that all copies, extracts or derivatives of any item comprising the Product, including all Documentation, in whole or in part, in any form, have either been delivered to Intermedix or destroyed in accordance with Intermedix's instructions. All payments made by Provider to Intermedix hereunder are non-refundable. ADDENDUM TO SERVICE AGREEMENT PAGE 5 OF 12 ARTICLE V. BREACH OF ADDENDUM Section 5.01 Material Non-Monetary Breaches. (a) Provider Material Non-Monetary Breach. For purposes of this Addendum, as respects a breach by a Provider, a "Material Non-Monetary Breach" includes any breach of its or its User's obligations with respect to Proprietary Rights, Confidentiality, or any material breach of a party's representations or warranties under this Addendum. (b) Intermedix Material Non-Monetary Breach. For purposes of this Addendum, as respects a breach by Intermedix, a "Material Non-Monetary Breach" includes any material breach of its Maintenance and Support obligations or any material breach of its representations or warranties under this Addendum. (c) Intermedix and Provider Material Non-Monetary Breach. For purposes of this Addendum, as respects a breach by either Intermedix or Provider, it shall be a "Material Non- Monetary Breach" if such party (i) terminates or suspends its business or operations, (ii) becomes insolvent, admits in writing its inability to pay its debts as they mature, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority, or (iii) becomes subject to any bankruptcy or insolvency proceeding under federal or state statutes which are not rescinded within forty-five (45) days. Section 5.02 Material Monetary Breaches. For purposes of this Addendum, as respects a breach b y either Intermedix or Provider, it shall be a "Material Monetary Breach" with respect to such party if: (a) Such party fails to make any Third-Party Intellectual Property Royalty Payment as required under any agreement with such third party; (b) Such party fails to make payments due under the terms of this Addendum or the Original Agreement when and as due; or (c) Such party fails to reimburse the other party for payments made on its behalf for Third-Party Intellectual Property Royalty Payments. ARTICLE VI. LICENSE Section 6.01 License. Commencing on the Effective Date and subject to the terms and conditions of this Addendum, Intermedix grants Provider anon-exclusive, non-transferable license, to use the Product in the Licensed Area by the Users. This license does not constitute a sale of the Product or any portion or piece thereof or of any copies of Licensed Software, Customizations or Documentation. Section 6.02 Delivery and Acceptance. Intermedix will deliver to Provider, the Product at mutually agreeable times, after or simultaneously with the later of date of the execution of this Addendum or Effective Date, or as otherwise provided. ADDENDUM TO SERVICE AGREEMENT PAGE 6 OF 12 Section 6.03 No Other Rights. Except to exercise the license of Section 6.01 and its rights specifically granted under this Addendum, Provider shall have no rights to own, use or otherwise exercise dominion over the Product. Except as otherwise permitted under this Addendum, Provider may not rent, lease, loan, sell or otherwise distribute the Product or any derivative works based upon the Licensed Software in whole or in part. Section 6.04 Right of Audit_ Either party may audit and inspect the other party's physical and electronic records solely to verify such party's compliance with the terms of this Article VI. Provider hereby agrees to the remote electronic survey of the Licensed Software licensed hereunder, provided Provider is provided ten (10) business day's prior written notice of such survey and provided further that such audit is conducted in a reasonable manner. In addition, upon written request from the other party, each party shall provide or obtain physical access to such records to either the requesting party or an independent auditor chosen by the party for the purposes of audit. All physical audits of Provider will be conducted at the business premises in which the Licensed Software is installed or accessed during regular business hours during the term of this Addendum. Audits will be conducted no more frequently than once annually. All individuals performing such audits, including independent third party auditors, must be bound by confidentiality obligations consistent with this Addendum. Section 6.05 Material Change to Product. If there is any material change in any rules, orders, laws or regulations governing the manner in which this Product operates or in the data provided by third parties (such as changes in the manner of operation of global distribution systems or standards in wireless or non-wireless communications protocols); then upon written notice to Provider, Intermedix will have the right, retroactive to the date of such material change, to modify the way in which this Product delivers data in order to comport with any change in law or regulations or functionality governing the Product. All data used by Intermedix for testing and development shall be supplied by Provider at its expense to Intermedix promptly upon request by Intermedix to Provider. ARTICLE VII. LIMITED WARRANTY AND DISCLAIMER: Section 7.01 Software Media Warranty. Intermedix warrants that each Product Unit delivered to Provider will be free from material defects when delivered. Intermedix's entire liability and Provider's exclusive remedy under this warranty will be to replace the media on which such Product was delivered. Intermedix shall have no obligation to replace any defective media which is not returned to Intermedix within the warranty period or which has failed because of accident, abuse or misapplication. Section 7.02 Software Warranty. Intermedix warrants that for a period of 90 days from the delivery of a Product Unit identified by Intermedix as being fully functional for production at the site designated by Intermedix, the Product, if properly used by Provider, shall operate in conformity with the Documentation for such Product, if any. Intermedix does not warrant that any Product will meet all of Provider's requirements or that the use of any Product will be uninterrupted or error free. Section 7.03 Grant of Standard Warranties Only. NEITHER INTERMEDIX NOR ANY OF ITS SUPPLIERS MAKE ANY WARRANTIES, EXPRESS, IMPLIED, ADDENDUM TO SERVICE AGREEMENT PAGE 7 OF 12 STATUTORY OR IN ANY COMMUNICATION WITH PROVIDER WITH RESPECT TO THE PRODUCT OR OTHER ITEMS DELIVERED PURSUANT TO THIS ADDENDUM THAT IS NOT PART OF THE STANDARD WARRANTY OFFERED BY INTERMEDIX TO ITS OTHER CUSTOMERS. Intermedix's sole and exclusive liability, and Provider's sole and exclusive remedy, shall be, at Intermedix's sole election, to terminate this Addendum, at which time, Provider shall immediately deliver each Product Unit and any related Documentation to Intermedix; provided, however, Intermedix may elect, to attempt, through reasonable efforts, to: (a) correct any material nonconformities discovered within the Warranty Period, (b) replace the nonconforming Product. The above remedies are available only if Intermedix is promptly notified in writing, within the warranty period, upon discovery of the nonconformities by Provider and Intermedix's examination of the Product discloses that such nonconformities exist, and that the Product has not been (i) altered or modified; (ii) subjected to negligence, or computer or electrical malfunctions; (iii) used, adjusted, or installed other than in accordance with the instructions furnished by Intermedix; or (iv) modified for custom development by Intermedix for Provider as agreed in an Order. ANY REFUND OF FEES PROVIDED HEREUNDER (WHICH MAY BE UNDERTAKEN AT INTERMEDIX'S SOLE AND COMPLETE DISCRETION) SHALL BE DEEMED A TERMINATION OF THIS ADDENDUM (AND ANY RELATED MAINTENANCE) AND SHALL BE PROVIDER'S SOLE AND EXCLUSIVE REMEDY FOR REJECTION OF THE PRODUCT(S) AND NEITHER PARTY SHALL HAVE ANY FUTURE OBLIGATIONS OR LIABILITY HEREUNDER WITH RESPECT TO SUCH PRODUCT(S). THIRD PARTY INTELLECTUAL PROPERTY PAYMENTS SHALL NOT BE REFUNDABLE IN FULL OR IN PART. Section 7.04 Information/Disclaimer of Warranties with Respect to Data and Information Provided by Third Parties. (a) Some information transmittable or accessible through any Product Unit may have been obtained through sources believed to be reliable (such as various Internet providers, real- time data provided by GPS systems or medical devices or other third party information sources). Provider agrees that Intermedix shall not have any liability whatsoever for the accuracy, completeness, timeliness or correct sequencing of the information, or for any decision made or action taken by the Provider in reliance upon such information or the Product. Provider further agrees that Intermedix shall have no liability whatsoever for the transmission, non-transmission or partial transmission of data through third-party data systems and that such transmission shall be undertaken at Provider's sole risk, cost and expense. (b) Intermedix and its third party suppliers and providers do not warrant that any Product will meet Provider's requirements or that access to the Product, or the operation of the Product, will be uninterrupted, error-free, that all errors will be timely corrected by third party information providers, or that the data and/or reports generated by the Product will be accurate in the event that third party information providers have provided inaccurate information. Section 7.05 DISCLAIMER. EXCEPT FOR THE EXPRESS LIMITED WARRANTIES SET FORTH IN THIS ADDENDUM AND THEIR OWN WILLFUL MISCONDUCT, INTERMEDIX DOES NOT MAKE ANY WARRANTIES EXPRESS, IMPLIED, STATUTORY OR IN ANY COMMUNICATION WITH PROVIDER WITH ADDENDUM TO SERVICE AGREEMENT PAGE 8 OF 12 RESPECT TO THE LICENSED SOFTWARE, ANY SERVICES OR ANY PRODUCT, AND INTERMEDIX EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. NO REPRESENTATIVE OF INTERMEDIX SHALL HAVE THE RIGHT TO MAKE WARRANTIES ON INTERMEDIX'S BEHALF UNLESS THOSE WARRANTIES ARE IN WRITING AND EXECUTED BY A DULY AUTHORIZED OFFICER OF INTERMEDIX. EXCEPT WITH RESPECT TO THEIR WILLFUL MISCONDUCT, IN NO EVENT SHALL EITHER PARTY OR ITS SUPPLIERS HAVE ANY LIABILITY FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTTI'UTE GOODS, TECHNOLOGY OR SERVICES, ARISING IN ANY WAY OUT OF THIS ADDENDUM UNDER ANY CAUSE OF ACTION, WHETHER OR NOT INTERMEDIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. THIS SECTION DOES NOT LIMIT LIABILITY FOR BODILY INJURY OF A PERSON. ARTICLE VIII. FORCE MAJEURE Section 8.01 If the performance of this Addendum by any Party, or of any obligation under this Addendum, is prevented, restricted or interfered with by reason of war, revolution, civil commotion, acts of public enemies, blockage, embargo, strikes, any law, order, proclamation, regulation, ordinance, demand, or requirement having a legal effect of any government or any judicial authority or representative of any such government or any other act whatsoever, whether similar or dissimilar to those referred to in this clause which are beyond the reasonable control of the Party affected, then the Party so affected shall, upon giving prior written notice to the other Party, be excused from such performance to the extent of such prevention, restriction, or interference; provided, however, that the Party so affected shall use its best efforts to avoid or remove such causes of nonperformance and shall continue performance hereunder with the utmost dispatch whenever such causes are removed. ARTICLE IX. ASSIGNABILITY Section 9.01 This Addendum shall be assignable to (i) any related company of Intermedix or (ii) any successor of the entire right, title and interest to that portion of the business of Intermedix to which this Addendum relates. When assigned in accordance with this Paragraph, this Addendum and all rights, obligations and duties hereunder will inure to the benefit of and will be binding on the assignees or successors in interest of Provider. Section 9.02 This Addendum shall not be assigned by Provider; without the express written consent of Intermedix. ARTICLE X. NOTICES Section 10.01 Any notice given or required to be given under this Addendum shall be in writing and shall be addressed to the Parties hereto at the addresses set out on the signature page hereto. ADDENDUM TO SERVICE AGREEMENT PAGE 9 OF 12 Section 10.02 Any such notices shall be deemed to have been given (i) if mailed, then three (3) Days following the date such notice is placed in the United States mail in a postage paid wrapper, registered or certified with return receipt requested, addressed to the appropriate Party at the address set forth above for such Party, or to the last address provided in writing to the other Party by the addressee, or (ii) if by any other method, when actually received. Either Party may change its address for the purpose of this Addendum by notice in writing to the other Party in accordance herewith. ARTICLE XI. GOVERNING LAW AND ARBITRATION Section 11.01 THE PARTIES HERETO AGREE THAT THE VALIDITY AND INTERPRETATION OF THIS ADDENDUM AND THE LEGAL RELATIONS OF THE PARTIES HERETO SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. THE PARTIES FURTHER HEREBY CONSENT TO VENUE IN THE LOCATION CONTEMPLATED BY THE ORIGINAL AGREEMENT. Section 11.02 This section left blank intentionally. Section 11.03 This section left blank intentionally. Section 11.04 The section left blank intentionally. ARTICLE XII. REPRESENTATIONS Section 12.01 Provider and Intermedix agree that this Addendum constitutes a legal, valid and binding obligation for each Party, enforceable against such Party in accordance with its terms (subject always to applicable bankruptcy, insolvency, receivership and other similar laws relating to or affecting the enforcement of creditor's rights generally and to general principles of equity). Further, Intermedix and Provider warrant and represent to each other: (i) that each (i) is duly formed and organized and validly existing under the laws of the jurisdiction of its formation, (ii) is properly qualified to do business and is in good standing under the laws of each jurisdiction in which it does business, (iii) has all necessary corporate or similar power and authority to execute and deliver this Addendum and to consummate the transaction contemplated hereby; and (ii) that this Addendum, its execution and the fulfillment and compliance with the terms and conditions hereof, do not violate or conflict with any provision of or result in any breach of or default under any (i) organizational documents of each Party, (ii) law or judicial, award, or similar decree, or (iii) agreement, to which Provider or Intermedix, for Intermedix's representations and warranties, or Provider, for Provider's representations and warranties, are bound. ARTICLE XIII. MISCELLANEOUS Section 13.01 Entire Agreement. This Addendum contains the entire and only agreement between the Parties hereto relating to the Product, and this Addendum supersedes all pre-existing or prior agreements of the Parties hereto respecting any portion or in any way related to the ADDENDUM TO SERVICE AGREEMENT PAGE 10 OF 12 subject matter of this Addendum. Any representation, promise or condition in connection with the subject matter of this Addendum which is not specifically incorporated in this Addendum, whether written or oral, shall not be binding upon the Parties hereto. Section 13.02 Invalidation of Part is not Invalidation of Whole. If, in any legal proceeding, it is determined that any provision of this Addendum is unenforceable under applicable law, the unenforceable provision shall automatically be amended to conform to that which is enforceable under the law. In any event, the validity or enforceability of any provision shall not affect any other provision of this Addendum, and the Agreement shall be construed and enforced as if such provision had not been included. Section 13.03 Waivers. No benefit or right accruing to either Party under this Addendum shall be waived unless the waiver is reduced to writing and signed by all Parties to this Addendum. The failure of any Party to exercise any of its rights under this Addendum shall in no way constitute a waiver of those rights, nor shall such failure excuse the other Parties from any of its or their obligations under this Addendum. Section 13.04 Successors and Assigns. This Addendum shall be binding upon and inure to the benefit of the Parties and Owners therein, their respective successors and permitted assigns. Section 13.05 Counterparts. This Addendum may be executed in any number of counterparts, each of which where so executed and delivered shall be an original, but all of which shall constitute one and the same instrument. Section 13.06 Headings. The headings of the sections and subsections hereof are provided for convenience only and shall not in any way affect the meaning or construction of any provision of this Addendum. Section 13.07 Export Laws. Provider shall comply with all then current export laws and regulations of the U.S. Government and the government of the country in which Provider receives delivery of the Licensed Software which pertain to the Licensed Software. Section 13.08 Basis of Bargain. Each party recognizes and agrees that the warranty disclaimers and liability and remedy limitations in this Addendum are material bargained for basis of this Addendum and that they have been taken into account and reflected in determining the consideration to be given by each party to enter into this Addendum. [ONLY SIGNATURE PAGE TO FOLLOW] ADDENDUM TO SERVICE AGREEMENT PAGE I 1 OF 12 SIGNATURE PAGE INTERMEDIX TECHNOLOGIES, INC By: Name: Title: Date of Signature:- Address for Notices: PROVIDER Name of Provider: By: Name: Title: Date of Signature:- Address for Notices: ADDENDUM TO SERVICE AGREEMENT PAGE 12 OF 12 Schedule 4.01 Rates of Compensation; Collection Efforts. From and after the Effective Date and during the Term of the Addendum, Intermedix shall be compensated as follows: In consideration of Intermedix's services rendered pursuant to the Original Agreement, Intermedix shall be compensated and paid in accordance with the following schedule: (a) 13.3% of the total amount collected under the Original Agreement on each account, based upon Provider utilizing one product unit(s). (b) An additional 1.8% if payment of the total amount due with respect to any account if payment of such amount is made by a credit card. ADDENDUM TO SERVICE AGREEMENT -SCHEDULE 2.01 Page 1 of 1 Schedule 4.02 Third-Party Intellectual Property Royalty Payments In addition to the other compensation required under this Addendum, Third-Party Intellectual Property Payments shall be made as follows: Licensing/Royalty agreement to be executed between Provider and the manufacturer of the Provider's defibrillating equipment when the manufacturer has cleared the Triptix equipment for direct interface between their equipment and the Intermedix provided data devices. AND NO OTHER ADDENDUM TO SERVICE AGREEMENT -SCHEDULE 2.02 Page 1 of 1 Schedule 4.03 Initial Term Early Termination Payments The Initial Term Early Termination Payments with respect to each Product Unit are as follows: Period Amount (1) For an Early Termination during the first 12 months from the $2,000 beginning of the Term: (2) For an Early Termination during the remainder of the Term: $---0--- ADDENDUM TO SERVICE AGREEMENT -SCHEDULE 4.03 Page 1 of 1 iI\_ i~, r - _ 100 Main Street ,~ -' ~~ City of Colleyville Coll 8117) 03X1000034 ~~~~~~~ Agenda Briefing www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 06/05/2007 Controlling Body: City Council Requester: Public Works Agenda No.: 4c Final Action: Department File Name: Approval of a construction contract with Peachtree Construction, for the 2007 Street Resurfacing Improvement Project, in the amount of $110,944.30, and authorize the City Manager to execute the contract Attachments: 2007 Street Resurfacing Improvements Bid Tab History of Legislative File Version: Date: Acting Body: Action Text: 1 06/05/2007 City Council Title Approval of a construction contract with Peachtree Construction, for the 2007 Street Resurfacing Improvement Project, in the amount of $110,944.30, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The FY2007 Street Department Budget provides for the maintenance and rehabilitation of residential streets and throughfares throughout the community. The 2007 Street Resurfacing Improvement Project includes the resurfacing of Westcoat Drive, from L.D. Lockett Road to White Drive; from 211 Greenbriar Lane to San Bar Lane and from 3716 San Bar Lane to the deadend. The improvements include surface milling and placement of a 2" asphalt overlay, which will extend the service life and integrity of the roadway surface. Two (2) bids were received by the Public Works Department on May 21, 2007, for the 2007 Street Resurfacing Improvements. Peachtree Construction provided the lowest bid of $110,944.30, which includes a ten percent (10%) contingency. Peachtree Construction has completed projects in Colleyville, are responsive and work well with staff. Financial Impact It has been determined that funds are available in the Street Department Resurfacing Budget, Account 001-33-6319. Recommendation Approval City of Colleyville Page 1 Printed on f~1/2007 City of Colleyville Street Resurfacing Improvement Projects Contract # 3307-004 red MAY 21, 2007 Peachtree Construction Yes $100 858.45 Reynolds Asphalt & Construction Co. Yes $105,870.05 / ,~7~ SPEAKER CARD Date: (v-..S -~ ~ ?~ I wish to address the City Council on the following subject: 9 ~ 9 S Agenda Item Number: ~~ T -~ Name: /~ Address: ~~~ ~~''~C ~~ ~ City: / ~/ ' ~ //~ Telephone No. ~/ ~~~~ ~~_/ 3 I represent: ~~9~4 //~~( ~~~ /~~ U,~O ~~~`~ ~' 1 understand thaf / am limited to as Public Hearings, the Cx~~~ public comments or gyes ~ Signed: organization/self minutes and on ifems that are not designated 'I must `end the rules" in order to hear information is a Public Record `n'" 100 Main Street ~'~ - ~ ~ City of Colleyville Coll 8117) 03X1000 034 r::.,~" Agenda Briefing vwvw•colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 06/05/2007 Controlling Body: City Council Requester: Community Agenda No.: 4d Final Action: Development Department File Name: Approval of Final Plat for Lots 1-13, Block 1 of the Highland Park Addition located at 5800 Pool Road, Case P-07-024 Attachments: Location and Zoning Map Plat History of Legislative File Version: Date: Acting Body: Action Text: 1 05/14/2007 Planning and Zoning Commission 1 06/05/2007 City Council Title Approval of Final Plat for Lots 1-13, Block 1 of the Highland Park Addition located at 5800 Pool Road, Case P-07-024 Explanation Reading and Public Hearing Larry Stewart is the developer of 6.5 acres located on the west side of Pool Road and approximately 130 feet north of Highland Drive. The developer has submitted a final plat to develop the property into 13 lots for the construction of 11 single family residential lots, an open space lot and a private drive lot associated with the gated subdivision. City Council approved the preliminary plat at the February 20, 2007 meeting. Zoning. The property is currently located within the PUDR-Planned Unit Development Residential zoning district, which was approved with Ordinance 0-00-1205. Ordinance 0-00-1205 permits the property to be subdivided and developed in accordance with the R20-Single Family Residential zoning district development standards. Nine of the eleven proposed single family lots meet the lot development criteria of the R20 zoning district. Lots 5 and 8 were granted a waiver from the lot depth requirements and granted a 25-foot front yard setback due to their location along the cul-de-sac. Gated/Private Street Development. The development will be a gated/private street subdivision with the primary entrance to the development located on Pool Road. A separate permit will be required to construct a gate at the entry of the subdivision. The gate must conform to the private gate and entry design standards as specified in the Land City of Colleyville Page 1 Printed on 6/1/2007 Agenda Briefing Continued Development Code. The developer has submitted the necessary Homeowner's Association (HOA) documents for review by the City, in accordance with Chapter 10 of the Land Development Code. The HOA documents state that the streets and drainage systems within the development are privately owned and maintained by the HOA and that the City has no obligation to maintain the private streets and drainage systems. A note has been provided on the plat stating the HOA is responsible for construction and maintenance of the private road. The annual reserve fund contribution as presently required by the Land Development Code shall be a minimum of $75.00 per lot or otherwise determined by City Council. The Engineering Department has estimated that the annual reserve amount necessary, in this case, to sufficiently fund the long-term maintenance and reconstruction obligation is approximately $700 per lot. The reserve fund contribution amount is determined by calculating the costs of infrastructure improvements distributed among the number of lots in the subdivision with regard to the expected service life of the infrastructure facilities. Infrastructure facilities include streets and drainage facilities. Expected service life includes a dollar amount for the yearly maintenance and eventual replacement of these facilities. The annual reserve amount will vary among neighborhoods as the number of lots, length of roadway and infrastructure service life may differ. Additionally, these estimates are figured using current replacement costs and do not include any inflationary rates. Sidewalks and Trails. The Land Development Code requires sidewalks along all public streets. Sidewalks internal to the development must be 4-feet wide and must be installed when any new structures are built on the property. This development is subject to the provisions of the Co/leyville Pathways Plan, which requires construction of a 10-foot wide trail along Pool Road. A 5-foot sidewalk currently exists on the property along the frontage of Pool Road. The developer is required to construct the remaining portion of the trail or escrow the funds for the construction of the trail as part of the improvements for this property. Drainage. On-site detention facilities are not required as the adjacent Highland Meadows Addition subdivision's detention and drainage systems were designed and constructed to accommodate drainage from this site in its fully developed condition. A drainage study for the development has been reviewed and accepted by the Engineering Department. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the final plat for new structures on newly platted lots. The fee for residential uses is $1,802 per residential lot. The fee must be paid before the plat is recorded with the County Clerk's Office. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the May 14, 2007 meeting by a vote of 6-0. Summary. The applicant has addressed all Development Review Committee comments. The proposed development satisfies the platting standards contained in the Land Development Code in accordance with the waivers granted with approval of the preliminary plat. City of Colleyville Page 2 Printed on 5/31/2007 Agenda Briefing Continued Financial Impact It has been detemined that there is no financial impact. Recommendation Approval, with the following condition: The annual reserve fund contribution be established at a rate of $700 per lot. City of Colleyville Page 3 Printed on 5/31/2007 Location and Zoning Map HIGHLAND MEADOW R-20 ~O vx 2505 250? 2509 26D7 2603 2605 ~ 2403. a o R-20 slos 61a7 ,~ `~ 6105 61D4 61D5 61aa SITE ~s1D PUD-R 61 D3 61 C12 ~ 6102 6103 O O .6100 6101 r 6100 61D1 60D6 6007 6D06 6007 58D0 PU D-R 6D04 6D05 600d 6DD5 0 ° R-20 ° 0 2504 25D6 26D0 2602 260d 2606 cQ ~ ~ ~ ~ - _.~._.. 1 GH N D 3D7 2309 "'401 2403 2405 2407 25D1 ° 25D5 25D7 2601 2603 2605 0 ~ R-20 R-20 59D8 5907 250E 260D 26D2 26D4 26D6 2606 5906 24DD 2402 2404 2406 2406 25DD „a ca ~ ~ rn u5 5904 a-> AG . 1 ~~~ ' II ! '`' ' fr ~~ ~ ~, ~ 1 ~s~~~~ ~ ~ ~~~~~~ i'~' ~ ' ~ ~ •' W~,1 11~• ~ , s f ~ 1 .'11~ ~1~ ~ ~ ~ ~ ~ ~ ~ {~t .. 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(817) 503-1000 .r,~.,w Agenda Briefing www•colleyville.com File Number: Version: 1 Requester: Engineering Department File Type: Resolution Agenda Date: 06/05/2007 Agenda No.: 4e Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of the right-of-way purchase for the Church Street Realignment Project Attachments: Church Street ROW Acquisition History of Legislative File Version: Date: Acting Body: Action Text: 06/05/2007 City Council Title Approval of the right-of-way purchase for the Church Street Realignment Project Explanation Reading and Public Hearing The final design for the Church Street Realignment project is near completion and utility relocation efforts are underway. In addition, the right-of-way acquisition process is in the final stage of completion. Offer letters have been sent to each of the four property owners from which right-of-way will be required. Right-of-way from a fifth property, the proposed Villas at Pleasant Run development, will be dedicated via the plat pending Council approval. The final plat for this development is tentatively scheduled for the first Council meeting in August 2007. Written agreements have been reached with the First United Methodist Church, the First Baptist Church, and 1009 Church Street. A verbal agreement has been reached with the Church of Christ. In addition to compensation for the right-of-way, the Church of Christ has requested that a small triangular piece of land (approximately 3,200 SF) the City obtained in the land exchange with David Linton be deeded to the Church. This item will come before the Council at a later date as the written agreement is reached. The piece of land will be immediately adjacent to the Church's property just west of the purposed cul-de-sac addition to Hidden Oaks Drive and north of the newly constructed Church Street. Right-of-Way Parcels First United Methodist Church 5601 Pleasant Run Road Drainage Easement Temp Construction Easement Square Footage Purchase Price 5,807 SF $26,330.00 3,418 SF $13,074.00 7,313 SF $1,554.00 City of Colleyville Page 1 Printed on 6/1/2007 Agenda Briefing Continued First Baptist Church 9,740 SF $40,875.00 1007 Church Street Private Residence 1,844 SF $7,305.00 1009 Church Street Church of Christ 4,553 SF $19,350.25 1008 Church Street Staff requests approval to purchase all the right-of-way parcels as part of this project. Financial Impact Construction funding is anticipated to be available from a planned Tax Increment Financing (TIF) Bond Program and proceeds from the sale of City property. Recommendation Approval City of Colleyville Page 2 Printed on 6/1/2007 i d" "' ~r ~ ~ ~ ~: i uGw I• -~k ti ~~" ~v~v~{~Sn ~m ~_N a_N 3N y+ ~I .~ ~ ® x ___ 1 v 2 T- I I t l I .I 1 1~.. 8 `. 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'~ I I I t =~ . aa~ss__ I I I ~ ~_ ~ _ 1 , I l'.. •'~ 1 I I ~ I I ~ f ~ I I I I ~', ~~ ter. ~/ I I~ I c * ' I 1 1~3 I r~ i I Il I. ____ ___________ _ _ ~ -~-- J 1 L ---- ------------^ ~ - .___. .. ~. _, ~, I ~, 1 --, 1 _J ~_____ t______________________ .. 9,! _ __ _ _-___y_________.,.~ ~___-____~_______- =^i ~ i ~- ~ / ; ACQUISITION COMPOSITE R O W City of Coll yvi lle exas m N ~ . . . ` ~ ~, T k ~ g e ~ i EXHIBIT (WEST) ~ d.,. n ~ 9 ~ CNURCH STREET REALIGNMENT 110• ae~m TE BQ ~--~-gro~~, ~ ~ ~~ m $ g ~gm COLLEYVILLE, TEXAS n om: n C 9 ~ $ GC B UNE, 2 e„~r~ ~~ SPEAKER CARD Date: ~ `5~ (, ~~ I wish to address the City Council on the following subject: ~ ~- t Agenda Item Number:i o r- i ~ 1 g ~~ - ~~ ~ ~ z ~~~ 7 u- i ~ Name: ~ r ,' Address: V~ ~ ~~ City: ~~/~ 6~'\/` ~ Telephone No. ~J 7-~'~-~ ~ °~ I represent: organization/self 1 understand that 1 am limifed to hve minutes and on items that are not designated as Public Hearings, the ~~~~ity Council must "suspend the rules" in order to hear public comments orA~ytestionrs. Signed: //",~~`' ~%' ~ This information is a Public Record iii ~, 100 Main Street ~`~ `-~ ~ City of Colleyville Coll 8117) 03X1000034 r,,,: Agenda Briefing vwvw•colleyville.com File Number: 0-07-1619 File Number: 0-07-1619 File Type: Ordinance Status: Second Reading Version: 1 Agenda Date: 06/05/2007 Controlling Body: City Council Requester: Community Agenda No.: 5a Final Action: Development Department File Name: Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 4.4 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case Z-07-009 Attachments: Location and Zoning Map Notification List.pdf Zoning Exhibit Letter in Opposition Ordinance 0-07-1619 History of Legislative File Version: Date: Acting Body: Action Text: 1 04/23/2007 Planning and Zoning Commission 1 05/15/2007 City Council 1 06/05/2007 City Council Title Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 4.4 acres out of the J. Harrell Survey located in the 1000 block of Murphy Road, Case Z-07-009 Explanation Second Reading and Public Hearing No one spoke regarding this request at the May 15, 2007, City Council meeting. First Reading and Public Hearing RP25 Development LP, has submitted a request to change the zoning of 4.4 acres, located on the north side of Murphy Road at the intersection of Murphy Road and Herbert Road. The applicant is requesting to rezone the property from the AG-Agricultural zoning district to the PUDR-Planned Unit Development Residential zoning district. The applicant is seeking a zoning change in order to develop the property for 22 residential single family lots and three open space lots. The proposed development is intended to serve as the second phase to the adjacent The Reserve at Colleyville, Phase I development. The City Council approved the final plat of The Reserve at Colleyville, Phase I at the April 17, 2007 meeting. The applicant proposes that the development standards contained within Ordinance 0-99-1153, which regulates City of Colleyville Page 1 Printed on 5/30/2007 Agenda Briefing Continued (0-07-1619) The Reserve at Colleyville, Phase I, be applied to this proposed rezoning request. The following is an analysis of the major issues associated with this rezoning request. Existing Conditions. The properties are currently developed as single family residences. The properties are not platted. In order to subdivide the property as proposed by the developer, approval of preliminary and final plats will be required, upon approval of the rezoning request. Master Plan. The Future Land Use Plan designates the subject property for future residential uses. This rezoning request is consistent with the residential land use designation. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The Reserve at Colleyville, Phase II consists of 22 single family lots on approximately 4.4 acres for a residential density of 5.0 dwelling units per acre. The applicant requests the residential density of this proposed development be considered within the overall residential density of Ordinance 0-99-1153, which includes The Reserve at Colleyville, Phase I. If the residential density of the proposed development is combined with the land included within Ordinance 0-99-1153, the residential density is in compliance with 1.8 dwelling units per acre. Lot Sizes. The PUDR regulations within the lot size of 13,000 square feet. The minimum with an average lot size of 16,000 square feet. Land Development Code require a minimum lot size being proposed is 13,000 square feet Open Space. The PUDR regulations require a minimum 20 percent of the development be reserved for open space for use by the residents of the development. The proposed development contains three open space areas. All of the open spaces will be landscaped and maintained by the homeowner's association. The applicant requests the calculation of open space of this proposed development be considered within the calculation of open space of Ordinance 0-99-1153, which includes The Reserve at Colleyville, Phase I. If the amount of open space of the proposed development is combined with the existing open space included within Ordinance 0-99-1153, the total percentage of open space exceeds 20 percent. Sidewalks. The developer proposes that sidewalks be required for all lots within this development, except no sidewalks shall be required in the right-of-way adjacent to open space areas where a sidewalk is proposed on the opposite side of the same right-of-way. The proposed sidewalk condition is an existing development standard within Ordinance 0-99-1153. All other sidewalk standards shall be in accordance with the Land Development Code. Surrounding Properties. The surrounding properties consist of residential uses. The subject property is adjacent to single family residential uses on all sides. Development Trends. The development trends in this area have consisted of residential City of Colleyville Page 2 Printed on 5/30/2007 Agenda Briefing Continued (0-07-1619) uses. Tree Preservation. A tree survey of the property will be required at the time of submittal for a clearing and grading permit. Drainage and Stormwater Runoff. According to the drainage analysis, The Reserve at Colleyville, Phase II will utilize the drainage system of The Reserve at Colleyville, Phase I. The drainage system for The Reserve at Colleyville, Phase I has been analyzed by the Engineering Department and has the capacity to handle the additional storm water from the Phase II portion of the development. The drainage analysis has been reviewed and accepted by the Engineering Department. Access. The proposed development will have primary access from Murphy Road. Construction of The Reserve at Colleyville, Phase II would eliminate the existing 24-foot access easement and would provide a network of local streets into both Phases I and II of The Reserve at Colleyville. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. 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, a 22 lot development would add approximately 210 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed public hearing notices to 15 property owners within 200 feet of the subject property. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received one letter in opposition to the rezoning request. Summary. While the proposed development is not fully compliant with the PUDR development standards, if incorporated into the overall scope of Ordinance 0-99-1153, the proposed development is consistent with existing development standards utilized in the area. The recommendation for approval is based upon compliance with the Future Land Use Plan and the comparable development standards within Ordinance 0-99-1153. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the April 23, 2007 meeting by a vote of 4-0. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 5/30/2007 Location and Zoning Map ,200 101d PUD-R R-~ 0 8612 Site R~ 0 AG soo 1106 1100 1012 1008 ,:8600 m AG ("'~ AG PUO-R z 1212 n '""~ - - -- -~ - .-___ ___ _ _ ._ .. r_ ....... ......... .-. - Z rn 1211 681 6812 6811 6812 6809 R-20 R-20 6806 6809 6808 PUD-R 8508 6805 6804 m 6804 6803 550dPUD-C W m 6e01 R-20 6800 6801 R 20 8500 - 6713 908 y 6711 6712 Notification List OWNER NAME OWNER ADDR OWNER CITY Burk, Stephen Etux Robin 8309 Regency Dr North Richland Hills Campell, Delbert L Etux Marita 1012 W Murphy Rd Colleyville Crawford, Doris Alene 6805 Herbert " Colleyville Guthrie, Roger A Dr 1200 W Murphy Rd Colleyville McCarson, John M 1106 W Murphy Rd Colleyville Metcalf, Rikki 5309 Scott Dr North Richland Hills Neuwirth, Rickey J 6812 Herbert Colleyville Robert, Edith Fay 6811 Curtis Rd Colleyville Rp25 Development Lp 5611 Colleyville Blvd. Colleyville Rp25 Development Lp 5611 Colleyville Blvd. Colleyville Rp25 Development Lp 5611 ColleyviNe Bivd. Colleyville Rp25 Development Lp 5611 Colleyville Blvd. Colleyville Shreffler, Lester A 1108 W Murphy Rd Colleyville Szabo, Christopher & M Carter 5601 Reatta PI Colleyville Waggoner, Bobby 6805 Herbert Colleyville OWNER OWNER STATE ZiP SITUS_ ADDR TX 76180 006809 Herbert Rd TX 76034 001012 Murphy Rd W TX 76034 006808 Herbert Rd TX 76034 001200 Murphy Rd W TX 76034 001106 Murphy Rd W TX 76180 001100 Murphy Rd W TX 76034 006812 Herbert Rd TX 76034 006811 Curtis Rd TX 76034 006816 Murphy Rd TX 76034 001014 Murphy Rd W TX 76034 001008 Murphy Rd W TX 76034 000000 Murphy Rd W TX 76034 001108 Murphy Rd W TX 76034 006809 Curtis Rd TX 76034 006805 Herbert Rd Zoning Exhibit ~~ } E u ~ ~ ~ i yq ....IiN.~ ~ < v j 1 ..,.. ......... .. ............. .~ :k sN y.~I.WJPW . ~.. .~.. ««...~ ®....., .... ~ .~......... ~. .«. ... ..~ ...... .... ..... ....7 ~1 Jff~w f ~ tl yw~ j A ur ~. 9 i MW Yxa"~ r ~ .`• ~~Y ~ 0.1.1L~ ~ .,a ~. ,r. ._ _ --------- ---- r i ~ ~ ~j ....„ ww.t i~sMSaFtti ~.*s ~ ,.,.,,.....~._ ... I ~ _. biMM pll~ %Yi ~3 I R'l44 A.MMAOD ~. _... ~ ~ -~ _, ~ i~ ~ ( ~ r ~~ ~ ~°p y~ ~x ~ } ij y~8 n ~ S ~ ! i +~ ~I s ~~i ~~i ~;~ ~~ ~i ~a~~ ~ $°~"~~~~~~~~~~ g $ e € A~. $y 3 1 ; ga~ _~~~ ~~~p ~a¢R¢ ~yi ~$ ~~~Rd~~~u~~Y~l~ ~~ % Y ~ F f r [[ q ~(q ~ ~ i g3 ;Y~ ti~D ~ ~6 fl ~~ p _~i8. ~i ~F~ . ~ G2 r ~ O x ~ 2 z ~ ° ~'z~~ i ~o. I ~ A ~' ~ ~~t ~,~ C, ~, i ~ ' Letter in Opposition Community Development Department City of Colleyville City of Colleyville City Council 100 Main Street Colleyville, Texas 76034 Amy Shelly 817.503.1050 It was a pleasure to stand before the P and Z committee on April 23, 2007 concerning my protest against Z-07-009 The Reserve. I have been out of town lately and will be again soon and may only have this opportunity to explain my deep held concern. The only individuals that spoke in favor of the project and rezoning were the individuals that had sold their property for extreme profit and therefore do not have the community best interest in mind. I presented two issues to protest the rezoning and the entire project: 1. in the past year, two cars have been traveling too fast on Precinct Line Road as the road turns northwest to meet Davis. Those cars ended up on my pasture which boarders Precinct. Thus, anyone leaving the "Reserve" may travel down Murphy Rd West and try to turn right or left at Precinct. With only a stop sign and fast cross traffic, this will become a more dangerous intersection than anticipated by the city of Colleyville. 2. "'The Reserve:" is required to have 31 feet wide streets on the interior of the development. However, as I stated at the meeting, Herbert St., Curtis St. and Murphy Rd. are only 19 feet wide. This is totally inappropriate. Needless to say the construction traffic alone is not even able to traverse the Colleyville streets of Herbert and Murphy Rd with safety and consideration of the narrow roadway. I await your resolution of this traffic safety issue and your explanation of the discrepancy of "The Reserve" street size required when the only connecting streets to McDonwell or Precinct are 19 foot roads ~~r. Rog A. Gu .0., F.A.C.O.O.G. (Distinguished) Board Certified A.O.B.O.G. (Obstetrics/Gynecology) A.O.B.F.P. (Family Practice) A.A.D.E.P. (American Academy Disability Evaluating Physicians) 1200 W. Murphy Rd. Colleyville, Texas 76034 817.514.8391 H 817.2$3-5252 W 817.805-3833 C ORDINANCE 0-07-1619 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 4.4 ACRES OUT OF THE J. HARRELL SURVEY, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE PUDR-PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-07-009; 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, 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 Ordinance 0-07-1619 Page 2 of 6 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 4.4 acres out of the J. Harrell Survey from the AG-Agricultural zoning district to the PUDR-Planned Unit Development-Residential zoning district, as depicted on Exhibit "A" and as described on Exhibit "B". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 2.2 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 street layout and arrangement of lots of 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 PUDR. Ordinance 0-07-1619 Page 3 of 6 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS a. All lot dimensions and building setback lines shall be in accordance with the Colleyville Zoning Regulations and Subdivision Regulations, except where amended by this ordinance. b. The minimum lot size shall be 13,000 square feet and the average size of all residential lots shall not be less than 16,000 square feet. c. One side yard of any lot may be as narrow as six (6) feet, provided the total width of any two adjacent side yards shall not be less than twenty (20) feet. On lots with an area of less than 16,000 square feet, front yard setbacks may be twenty-five (25) feet, and rear yard setbacks may be ten (10) feet. On any lot with an area greater than 16,000 square feet that backs to open space, the rear yard setback may be ten (10) feet. d. The minimum lot width less than 16,000 square feet may be eighty (80) feet if approved by the City Council. 5. OPEN SPACE a. The development is subject to the parkland dedication requirements contained in the Colleyville Subdivision Regulations. b. The development shall contain open space in this development as shown on Exhibit C. 6. SIDEWALKS AND STREETS a. Sidewalks shall be required for all lots within this development, except no sidewalks shall be required in rights-of-way adjacent to open space areas where a sidewalk is proposed on the opposite side of the same right-of-way. Sidewalks in rights-of-way adjacent to each lot frontage or side-yard shall be constructed by the lot owner no later than the date of occupancy of the home on the lot. b. Street rights-of-way shall be a minimum width of fifty (50) feet, except for single loaded streets which may have a forty (40) foot Ordinance 0-07-1619 Page 4 of 6 right-of-way width with a five (5) foot utility easement abutting the unloaded side of the street. c. All streets in this PUD shall be thirty-one (31) feet wide and be constructed of five (5) inch, 3,000 p.s.i. concrete. d. The City's street design standards (tangency between curves, radius requirements, etc.) shall be waived, except that a minimum radius shall not be less than twenty-five (25) feet. 7. DRAINAGE a. All drainage facilities shall be designed and constructed in accordance with the Colleyville Subdivision Regulations. b. At developer's election, pursuant to a grading plan acceptable to the City Engineer, only one side-yard swale between and behind lots may be utilized for lot drainage; retaining wall construction, lot benching and drainage swale construction shall not be the responsibility of the developer but shall be the responsibility of builders on individual lots and shall not be required of the developer for City acceptance of public improvements. c. Lot-to-lot drainage shall be allowed in a grading plan acceptable to the City Engineer across two lots contiguous with one another and adjacent to the lot(s) where drainage begins, i.e. drainage shall be allowed from the drainage source lot(s) across two other lots which are adjacent on to the other. d. There shall be no prohibition against regrading, expanding, and/or eliminating existing ponds and against adding additional ponds on the property in order to accomplish developer's storm drainage plan, as long as it otherwise meets City standards and is acceptable to the City Engineer. $. OTHER a. Prior to the issuance of any development permits on the subject property and as a condition to the development of the property the developer shall obtain approval of a preliminary plat and final plat of the property, which may be in phases. In approving the preliminary and final plat, the approving body shall exercise complete discretion over roadway design, lot size, lot shape, building lines, set-back lines, open space and all other aspects of the plat; provided, the approving body shall not approve anything inconsistent with the other conditions of this ordinance. Ordinance 0-07-1619 Page 5 of 6 b. This development shall be subject to all impact fees in accordance with the Colleyville Subdivision Regulations. c. Developer is permitted to erect at locations approved by the City Engineer, entry structures with or without permanent signage (which signage must comply with the City sign ordinance and be properly permitted) in the rights-of-way of perimeter roads at their intersection with internal streets not to exceed twenty-five feet (25') in height, i.e. in the sight triangle areas of such intersections, provided that said structures do not obstruct the view of traffic as determined by the City Engineer. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT 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. 8. 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. 9. 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 day of 2007. The second reading and public hearing being conducted on the day of 2007. Ordinance 0-07-1619 Page 6 of 6 ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map NORTH 1200 1o1a R PUD- R-40 rr Sl l ~ 8612 R~0 AG 900 1106 1100 1012 1008 8600 rn AG ~ AG PUD-R z 1212 n r Z rn 1211 681 6812 6811 6812 6809 R-20 R-20 6eos seo9 ssoe PUD-R 8508 6805 6604 m 6804 6803 SPUD-G ~ rn fi801 R-20 6800 6801 6500 R-20 6713 908 6711 6712 Exhibit "B" PROPERTi' DESCRIPTION BENrG A 4.42 ACRE TRACT OF LAND SITUATED IN THE J. FIARRELL SURVEY. A0SIRACT N0. 798. Nr THE CITY OF COLLEIMLLE. TARRANT COUNTY, TEXAS ANO BEiNQ ALL OF THE FOLLONIMIG. THAT CALLED 1 ACRE TRACT OESCs9~ MI OEJD TO OELIERT LEO CAMPBELL. JR. AND DONNA NELL CLFARMAIER, RECORDED MI V~OI.UME 14405. PAGE 453 THAT CALLED 1.49 ACHE TRACT OF IANq DESCI119E0 IN GEED TO RNpq ME1'rIILF. REC01lOEO MI VOLUME 1175Q, I~AOE 2285. THAT TRACT OF LANG DESCRIBED IN DEED TO JOlINWE M. McCARSON MID WIfE ANNIE {. McIJIR90N. 81 {VDUIME 5847, PAGE 804 ALL OF THE DEED AEtAR05 OF TARRANT .TEXAS AND BEMC ALL OF UJT 2. BLOCK 1 OF THE FlNAL PLAT OF VALLE1f RANCH. IIECORDED~ IN CABINET 8, SURE 736 OF THE PLAT OF TARRIWT OOIN~fTY. TEXAS. 6A>D 4.433 TRACT dElliG MORE PARTICULARLY DESCRIBED BY METES ANO BOUNDS AS FbILOWS: BEGWNING AT 5/8' IRON R00 FOUND IN THE NORTH RICHT-OF-WAY UNE OF IN1FiPFlY ROAD AT THE SOUTHWEST CORNER OF SAiO LOT 2. BLOCK 1; THENCE N 00'08'1" W. OEPARTWG SAID NORTH RIGHT-OF-WAY UNE. ALONG THE M16ST LME Of SAID LOT 2. 6LOCK /. A DISTANCE OF 491.61 FFiT to A t /2' ROD FbUNO AT THE NORTHWEST COMER _OF SAS ~,Oi 2. a1.OGK t; ~ - THENCE N B/"T1'O8" E. ALOtiC THE NORTH JNE OF SAIp LOT 2, BLOCK 1, A OLSTANCE OF 86.84 iEET TO A 3/0' iR4N ROD FOUND AT THE NoRTHEA.sT CoRNEK of SA+D LoT 1. e~oG-: ~: THENCE S 00'S1'S9' f., ALONG ThE EAST UNE OF SAID LOT 2, BLOCK 1. A pSTANCE OF 55.31 FEET TO A POINT AT THE NORTHWEST CORNER OF SAID i~AeCARSON TRACT; THENCE N 58'52'10" E, ALONG THE NORTH UNES OF 5AI0 McCARSON TRACT. SAID METCALf TRACE ANO SAID CAMPBELL TRACT. A DISTANCE OF 337.21 FEET TO A POINT AT THE NORTHEAST CORNER OF SAID G111PBELL TRACT; THENCE 5 00'S5'49" E. ALONG THE EAST UNE OF SAID CAMPBELL TRACT. A OtSTANCE OF 437.25 F"E1' TO A POINT IN THE NORTH RIGHT-OF -WAY UNE OF SAID MURPM! ROAD AT THE SOUTHEAST CORNER OF SAID GWPBELL TRACT; THENCE 5 W'28'00' W, ALONG SND NORTH RIGHT-OF-WAY UNE. A DISTANCE OF 433.81 FEET THE POINT OF BEGMINING. ANO CONTAINING 4.423 ACRES OF LAND, MORE OR LESS. Exhibit "C" -Conceptual Site Plan s - i - -1 EJ E !! ~ R ~ ~ '~~~ :h ,~1 °~ i s~ .o h n vu., u.re __ ~ ~ ^~ kF i~ s~ .1`~ ~ ~~ ~~ ___._ k ___.-._ I Q _w ~ '~~.. _. ~ ^ ~ '. o, ~ ~. is n ~~~ os m,'_~~ ~ ~i~ > ~~~ k ~ m -~..~ s it ..C~im;o..,kti~ ,, ~ ~~~ ~ ~ ~ ~~~ ,~ w ~' ,. _ ~ _. .....,., aR I ~ ~e S ygtg„ 'a ~Rp L ~ X gc. 5 '. _. __ -. __.I ~ ~~ r ex a gg o~x 3x #~x .lax r5x ~E8 s~ 3~$s~ g~°ar~a ~ Cin• o~ ~~ e ~,~ Tc~a~ OFFICE OF THE CITY SECRETARY TO: Mayor and Councilmembers FROM: Nicole Seidel, Records Coordinator CC: Cynthia Singleton, City Secretary. DATE: June 5, 2007 SUBJECT: City Council Meeting Agenda, Item 5b The attached letters are related to the June 5, 2007, City Council Meeting Agenda, Item 5b. 6_,...~~... ~yy i May 23, 2007 ~Ij )Ell ~ ~f'r+i`:' (yi )t'i! ~'~./ !%.C. {)~h'f/ ~ )pet's: 1~)r. <~aAt C I~~incil~~t•, Sctai~>t: ,Alii.ist~ez- "1'o Whom It May Concern: First United Methodist Church of Colleyville has reviewed the proposed development at the southeast corner of Church Street and Pleasant Run Road. We do not believe this development v~rill have any material effect relevant to traffic congestion around our facility. .~ Robert C. Straub, Jr. Chairman, Board of Trustees First United Methodist Church, Colleyville `ib('19 1'lt•:~~sanr €~Ztu~~ iZrl~it;l f;c311rt't°ille, ~i ~; 'G(}3~ (~1?l 2~t1~.~,?5-~ ~~,~1=~-2~:.YLGn~~ccc,llcv~°illc_~~a~~ Villas at Pleasant I~un We have reviewed the layout and proposal for the "Villas at Pleasant 1Zun" development and feel that this development will enhance our neighborhood and. are in favor of.'this development. We hereby show our support of this devclopment with our signatures listed below. 1iiCCas at PCeasant Run We have reviewed. the layout and proposal tar the "Villas at Pleasant dun" deve;lopn~ent and fee] that this cleve~lopment will enhance ot~ir neighborhood and are ire ~(~avor of d7is development. We hereby show our support of this development with our signatures listed below. r ~~ V< < ~. ~ ~ .~. ~~, ~. >1 ._ , ~ \1" .. ~' ,. Page 1 of 2 Nicole Seidel From: Chris Fuller Sent: Tuesday, June 05, 2007 10:05 AM To: Nicole Seidel Cc: Kevin.Kessler@c-b.com; Curtis@nexstepproperties.com Subject: FW: Villas at Pleasant Run neighborhood support documents Attachments: first united methodist letter.jpg; hidden oaks signature sht.jpg; laurel oaks signature sht.jpg Nicole, The developer has submitted these letters Chris Fuller Director of Community Development City of Colleyville 100 Main Street Colleyville TX 76034 Office: 817.503.1052 Fax: 817.503.1059 From: Kessler, Kevin C. [mailto:Kevin.Kes _ , Sent: Tuesday, June 05, 2007 9:42 AM To: Chris Fuller Cc: Curtis T. Cogburn Subject: Villas at Pleasant Run neighborhood support documents Chris, Attached are a few signature pages in support of the Villas at Pleasant Run zoning case for this evening's City Council Meeting. Copies will be available for all council members to review, but we would like you to mention these in your portion of the package review this evening. Please let me know if you have any questions. Thanks, Kevin Kevin C. Kessler, P.E. Carter::Burgess 7950 Elmbrook Drive Dallas, Texas 75247 Phone: 214.638.0145 Fax: 214.638.0447 kevin.kessler ~c-b.com www.c-b.com __ _ _. This message contains confidential information and is intended only for the individual named. If you are ~i5i~nm Page 2 of 2 not the named addressee you should not disseminate, distribute or copy this a-mail. Please notify the sender immediately by e-mail if you have received this e-mail by mistake and delete this e-mail from your system. E-mail transmission cannot be guaranteed to be secured or error-free as information could be intercepted, corrupted, lost, destroyed, received late or incomplete, or could contain viruses. The sender therefore does not accept liability for any error or omission in the contents of this message, which arises as a result of e-mail transmission. If verification is required, please request ahard-copy version from the sender. 6/5/2007 Cicp n/ C~ ° ~~~ TCS.19 OFFICE OF THE CITY SECRETARY TO: Mayor and Councilmembers FROM: Nicole Seidel, Records Coordinator CC: Cynthia Singleton, City Secretary DATE: June 4, 2007 SUBJECT: City Council Meeting Agenda, Item 5b The attached letter is related to the June 5, 2007, City Council Meeting Agenda, Item 5b. June 1, 2007 Mayor David Kelly City of Colleyville 100 Main Street Colleyville, Texas 76034 Dear Mayor Kelly: I had the pleasure to recently meet with Curtis Cogburn of Nexstep Properties to discuss his proposed residential plan for the southeast corner of Pleasant Run Road and Church Street. Based upon the information I have received, I strongly support his rezoning application. I believe his development will be very high quality and a great solution for a difficult site. f B st Regards, f ~''~ ;; ~ ~' i Richard A. My r President Rt1M/caw City' of ~~ \e~~"`~ 7 t.`S~5 OFFICE OF THE CITY SECRETARY TO: Mayor and Councilmembers FROM: Nicole Seidel, Records Coordinator CC: Cynthia Singleton, City Secretary DATE: June 4, 2007 SUBJECT: City Council Meeting Agenda, Item 5b The attached letter is related to the June 5, 2007, City Council Meeting Agenda, Item 5b. AT&T Yahoo! Mail - mfpchat(a~yahoo.com June 4, 2007 TO WHOM IT MAY CONCERN: I an writing to register my disapproval of the demolition of the old Pleasant Run School building. My family moved to Colleyville in the fall of 1879. My great-great-grandfather, Harvey Sparger, made the move from Georgia and settled on his home place on Cheek-Sparger Road. The property stayed in the family until the 1970's when developer Larry Cole purchased it for the Tara Development. I live at 2205 Glade Road, which Sparger's daughter and her husband, Witt Lavender, purchased in 1901. We are now six generations on that property. Both my mother (who lives on BIII Simmons Road...named for her father) and attended school in the old brick school building. I was there for the last five years it was in operation. Since Colleyville has virtually nothing at all left of its pre-incorporation architecture, I and many others would like to see some sort of renovation and adaptive reuse made of he old school. There is a very active Pleasan# Run School Reunion organization, which meets in Colleyville the second Saturday of each June. The school is the only tangible reminder of an organization which dates back to the Civi! War era, and probably earlier. I and other interested persons got an official Texas historical marker for the site back in the 1970's. In these days of constant rebuilding and development, it is nearly impossible to maintain any sort of uniqueness in a community. The number of significant pre- 1956 buildings now standing here can be numbered on one hand. Please consider giving the school a reprieve pending some sort of adaptive renovation and reuse. Thank you for your time and attention Sincerely, Mike Patterson httn://us.f816.mail.vahoo.com/vm/ShowLetter?box=Inbox&Ms~Id=9313 58b5361 82413 ... 6/4/2007 Page 1 of 1 ..i1)~ try 100 Main Street -' `,` ~I; City of Colleyville Colleyville, Texas 76034 r„`a1y (817) 503-1000 Agenda Briefing www.colleyville.com File Number: 0-07-1620 File Number: 0-07-1620 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 06/05/2007 Agenda No.: 5b Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of a Zoning Change from CC1-Village Retail to PUDR-Planned Unit Development Residential on 4.4 acres on Lots 1 and 2, Block 1 of the Garden Addition located at 5505 Pleasant Run Road, Case Z-07-014 Attachments: Location and Zoning Map Notification List Small Lot Subdivision Comparison Statement of Planning Objectives Zoning Exhibit Villas Presentation Ordinance 0-07-1620 History of Legislative File Version: Date: Acting Body: Action Text: 04/23/2007 Planning and Zoning Commission 05/15/2007 City Council 06/05/2007 City Council Title Approval of a Zoning Change from CC1-Village Retail to PUDR-Planned Unit Development Residential on 4.4 acres on Lots 1 and 2, Block 1 of the Garden Addition located at 5505 Pleasant Run Road, Case Z-07-014 Explanation Second Reading and Public Hearing Three people spoke regarding this request at the May 15, 2007, City Council meeting. Two of the speakers were in opposition to the request and one was in support of the request. First Reading and Public Hearing Carter and Burgess Inc., has submitted a request to change the zoning of 4.4 acres, located on the southeast corner of Pleasant Run Road and Church Street. The property is currently zoned CC1-Village Retail. The applicant is seeking a zoning change to PUDR-Planned Unit Development Residential in order to develop the property for 20 single family residential lots. The property contains two abandoned structures, the shell of a former Pleasant Run school building and a tin metal building. The property is platted. In order to subdivide the property as proposed by the developer, approval of a subdivision replat will be required at a later City of Colleyville Page 1 Printed on 5/30/2007 Agenda Briefing Continued (0-07-1620) date, upon approval of the rezoning request. The following is an analysis of the major issues associated with this rezoning request. Master Plan. This rezoning request is not consistent with the 2004-2025 Future Land Use Plan. The Master Plan designates the subject property for future commercial uses. The developer has provided a statement of planning objectives, attached to this agenda briefing, which describes the merits of the proposed development in order to justify the proposed land use designation. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The 1998 and 2004 Master Plans both stated that densities higher than 1.8 units per acre would be acceptable in areas deemed consistent with sound land use planning principles, such as a smaller parcel that make less dense development economically difficult. The proposed development of 20 residential units on this 4.4 acre property will produce a density of 4.5 dwelling units per acre. The proposed residential density is comparable to other approved small lot PUDR developments within the City. The Cambridge Park development contains 38 dwelling units on 9.0 acres for a residential density of 4.2 dwelling units per acre. The Copperglen development contains 22 dwelling units on 5.6 acres for a residential density of 3.9 dwelling units per acre. Attached is a comparison of approved small lot subdivisions within the City. Lot Sizes and Widths. The PUDR regulations in the Land Development Code require a minimum lot size of 13,000 square feet with a minimum lot depth of 120 feet and a minimum lot width of 100 feet. The developer has provided information for inclusion in the PUDR ordinance regarding lot sizes, lot widths and lot depths. The minimum lot size being proposed is 5,000 square feet. The minimum lot width proposed is 50 feet with a minimum lot depth of 100 feet. Open Space. The PUDR regulations require a minimum 20 percent of the development be reserved for open space for use by the residents of the development. The proposed development contains one large open space lot that constitutes 20 percent of the land area. The open space lot is situated in the floodplain on the east side of the property. Drainage and Stormwater Runoff. The property is adjacent to the Pleasant Run Creek and has a floodplain area located within the eastern portion of the proposed development. The applicant has submitted a preliminary drainage analysis that has been reviewed and accepted by the Engineering Department in accordance with the regulations within the Land Development Code. A detailed flood study will be required during the platting process prior to final plat approval. Sidewalks and Trails. The 2005 Colleyville Pathways Plan requires a 10-foot wide trail along the south side of Church Street and along the east side of Pleasant Run Road. Developer shall dedicate all required street and trail right of way within ninety (90) days of the approval of the Ordinance and shall escrow with the City, an amount equal to the estimated cost of the trail improvements. Additionally, the developer will be providing internal sidewalks to the development for each lot. City of Colleyville Page 2 Printed on 5/30/2007 Agenda Briefing Continued (0-07-1620) Surrounding Properties. The surrounding properties primarily consist of residential and institutional uses. There are single family detached residential uses located to the east and west of the proposed development. There are churches located to the north and south of the site. Development Trends. The development trends in this area have consisted of residential and institutional uses. Tree Preservation. According to aerial photos of the site, the property has pockets of heavily wooded areas. The developer will be required to conduct a tree survey of the site and prepare a tree study. At time of platting, a tree replacement plan may be necessary for the non-exempt trees proposed for removal. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Access. The development will have access from Church Street and Pleasant Run Road. The applicant proposes to construct a cul-de-sac extending from Pleasant Run Road into the development. The cul-de-sac will be a public roadway that will serve 13 residential lots. Seven lots will have frontage along Church Street. The applicant is proposing to construct a 20-foot wide private access road that will reduce the number of driveways along Church Street. The private access road will be privately owned and maintained. The applicant is requesting a waiver from the roadway construction standards for the cul-de-sac. Due to the lack of a secondary entrance into the cul-de-sac, the Land Development Code requires a 41-foot wide pavement section at the entry of the roadway. Generally, the pavement section would only be 31-feet wide. The applicant asserts that the additional 10-feet of pavement is not needed due to the fire protection measures, including fire alarm and sprinkler systems, being installed within each residence. The Fire Marshal concurs that the fire suppression measures may mitigate the need for the additional pavement width. Screening. The developer is proposing to construct a 6-foot in height stone perimeter fence along the western property line adjacent to Pleasant Run Road. Alive screening buffer consisting of trees and landscaping are proposed along the Church Street frontage. Trees and landscaping will provide a visual buffer while maintaining emergency ingress and egress to the lots along Church Street. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. 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, a 22 single family lot development would add approximately 210 vehicle trips per City of Co/leyville Page 3 Printed on 5/30/2007 Agenda Briefing Continued (0-07-1620) day to the surrounding roadways. Public Notification. Staff mailed public hearing notices to 14 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has not received any correspondence regarding the rezoning request. Summary. While the proposed rezoning request is not compliant with the 2004-2025 Future Land Use Plan, staff feels the location of the development is suitable for high density residential development. The distance of the project site from Colleyville Boulevard is not conducive to retail development and there is currently one commercial business located along Pleasant Run Road. The addition of 22 new households, generated by the proposed project, will help support the retail and other commercial businesses located in the Town Center development and The Village at Colleyville. The residential nature of the project is also compatible with the existing residential and institutional uses, as well as the Pleasant Run Road school campus that is located to the north. The recommendation for approval is based upon what staff feels is a good land use for the site, which will also provide support for the economic development of nearby commercial businesses. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the April 23, 2007 meeting by a vote of 4-0. Financial Impact It has been determined that there is no financial impact. Recommendation Approval, with the following conditions that are stated within the draft ordinance: 1. Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "B", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Lot Coverage 5,000 square feet 50 feet 100 feet 10 feet 5 feet or 3 and 7 feet (maintain 10 feet seperation) 10 feet 65 percent 2. This development shall provide not less than twenty (20%) percent common open space, which shall generally be configured as shown on the Conceptual Site Plan, labeled as Exhibit "B". All open space areas shall be maintained by the Homeowner's Association. 3. A ten (10) foot wide landscape buffer shall be provided along Pleasant Run Road. City of Colleyville Page 4 Printed on 5/30/2007 Agenda Briefing Continued (0-07-1620) 4. A six (6) foot tall stone masonry screening fence along Pleasant Run Road, as shown on the Conceptual Site Plan, labeled as Exhibit "B". 5. Ten (10) foot wide trails shall be required along Church Street and Pleasant Run Road. Developer shall dedicate all required street and trail right of way within ninety (90) days of the approval of the Ordinance. Developer shall also escrow with the City an amount equal to the estimated cost of the trail improvements. 6. The minimum square footage for all houses constructed in this development shall be two thousand eight hundred (2,800) square feet. 7. The pavement section for the cul-de-sac shall be 31-feet wide from back of curb to back of curb. 8. The private access road will be maintained by the Homeowner's Association. 9. Each residential unit along the cul-de-sac shall include a NFPA 13 D fire protection system. City of Colleyville Page 5 Printed on 5/30/2007 Location and Zoning Map 909 1D01 1003 1005 1007 5606 ~1D4 8~ 812 5609 R-~0 56D~3 l 5607 56D 5k~05 56D1 1D08 1D08 1DD8 5603 7 U9 sqf H1~` 8~ 813 AG 56D1 ± SITE ," J ~ ~G ~,LtA 8C5 1009 _---- aa~RB , 1109 1101 PUD-•C 1007 -!': ~ 13 301 903 8D5 AG ~: i ~~ ~g1 7-,:1^ 54D8 ~~171{' R-10 5~t~t 812 814 816 R-20 Notification List OWNER OWNER OWNER NAME OWNER ADDR OWNER CITY STATE ZIP SITUS ADDR Burgin, Joe D Etux Patsy PO Box 142 Colleyville TX 76034 005508 Pleasant Run Rd Colleyville Church Of Christ 1008 Church St Colleyville TX 76034 000000 Church St Crandall, Bruce Etux Caren 5412 Pleasant Run Rd Colleyville TX 76034 005412 Pleasant Run Rd First Baptist Ch Colleyville 5300 Colleyville Blvd Colleyville TX 76034 005300 Colleyville Blvd First United Meth Colleyville 5601 Pleasant Run Rd Colleyville TX 76034 005601 Pleasant Run Rd First United Meth Colleyville 5601 Pleasant Run Rd Colleyville TX 76034 000813 Colleyville Terr First United Meth Colleyville 5601 Pleasant Run Rd Colleyville TX 76034 000809 Colleyville Terr H E C Inc 2000 Greenwood Dr Southlake TX 76092 005405 Pleasant Run Rd Hales, Clifton D PO Box 338 Colleyville TX 76034 001009 Church St Hubbard, Valerie 5212 Reims Ct Colleyville TX 76034 000000 Pleasant Run Rd Hubbard, Valerie 5212 Reims Ct Colleyville TX 76034 000000 Pleasant Run Rd Roeming, Branton F Etux Karen 805 Thomas St Colleyville TX 76034 000805 Thomas St Warner, Daniel D 5405 Dooley Dr Linden MI 48451 005408 Pleasant Run Rd Warner, Richard D Etux Regina 5404 Pleasant Run Rd Colleyville TX 76034 005404 Pleasant Run Rd Laurel Oaks HOA, Mike Scovic 809 Laurel Oaks Ln. Colleyville TX 76034 Hidden Oaks Estates HOA, Mike ti 5707 Hidden Oaks Dr. Colleyville TX 76034 Kevin Kessler, applicant 7950 Elmbrook Dallas TX 75247 Small Lot Subdivision Comparison Subdivision Lots Min. Min. Min. Ave. Density Acres Open Space pprova Date width Depth Size Size illas of Caldwell 43 59 115 6,594 7,408 3.7 dua 11.56 18.3% 4.1.97 Creek ridges at iverwalk 32 56 106 6,001 6,479 3.0 dua 10 24% 12.21.99 iverwalk at 53 60 115 6,331 7,666 3.2 dua 20 20% 4.4.00 Colle ille osewood illas 53 59 110 6,482 6,899 3.6 dua 14.76 21.4% 8.8.01 merald ark 72 60 120 7,200 7,508 3.5 dua 20.19 19.6% 10.1.02 iffany ark 25 60 100 7,200 7,580 3.5 dua 7.16 20% 10.21.03 Tuscany 35 60 110 6,600 7,878 3.9 dua 8.78 6.6% 2.17.04 Cambridge ark 38 50 58 4,500 5,300 4.2 dua 9 22.0% 7.6.04 Copperglen 22 55 105 5,924 6,650 3.9 dua 5.6 20% 10.17.06 VILLAS AT PL>~ASANT RUN Colleyville, Texas Statement of Planning Objectives The subject of this zoning request is a 4.496 acre tract of land, located at the Southeast corner of Pleasant Run Road and Church Street, in the City of Colleyville, Texas. The property is currently developed as a two abandoned commercial structures and is zoned "CC-l . The adjacent land uses on the west and east side of the property are single family residential units, while the land use on the north and south side are two existing churches. With this property being located primarily in a single family residential area with some commercial zoning for existing churches and also being in close proximity to the Colleyville Town Square area, this property would best serve as being predominately single family residential, with some higher density residential.. This zoning request proposes to change the CC-1 zoning to a Residential Planned Unit Development (PUD). The future layout of the lots, road and open spaces have all been carefully placed around the existing trees and creek on the property. As a result, a portion of the property will be left undisturbed. Due to the creek that passes on the east side of the property, the layout will utilized that area as private open space for the future residents. Development schedule Villas at Pleasant Run is intended to be developed in one phase with construction to proceed immediately upon zoning, preliminary plat, and final plat, and construction plan approval. Economic Development Information Villas at Pleasant Run will have approximately 20 homes with an average estimated value of $600,000, resulting in an addition of $12,000,000. At the 2006 City of Colleyville published tax rate of 0.347400 per $100 valuation, the revenue generated for the city is approximately $41,688. REGEIVED MAR 2 3 2007 Per ............. m n m m v ~~~ ~~~ ~~~ ~~ ~~. Y+` g ~ ~. .~ ~ °~ ~~~ ~ ~ ~ ~ y y a N ~ N ~Z Z~ ~X D= N po ~ ~ ~1 T ~ ~ C Z r a ~~ ~~~ ~~ ~I ~¢~ ~x ~~. ~~ ~~~ ~ ~9 ~ ~~ ~~ ~~ 664 F~ ~ ~~ ~~~ ~ ~~¢~ ~ ~~~_ ~~ ~ ~~ ~ ~~~ ~~~ ~~~ fi ~~~ ~~ ~Q~ f ' ~~_ i ._d. ,~ . ~ y, ~~~ ..... ~ i i ~ b ~ ~~~ . ..... r r ~ ---...^ _ ~«. . ~ ~~ _~,._. _ ~ _...w_....... ~ n ~`-~--E t ~"~ __ ° 3 ~ w • _ • ~ Y °,~ ~a~~~.wax.~~r ~.~+J~ - Ali ..w» we a5 C ~En_.._.. .µ.. , n.:r m~ c ................_........._ ~..~...~........7 J ~ ~ w ~~,~. ~ ~~ ". ansy..~~~ ~. ~~. , a ~ on a ca~tm.;[ +xieuc cam..+tru ... ......... .~ ~~ „e~tt~axc~e i ._....~. ._...... i L~W4eE:Ry Mq~ss f~R~~ i .iSL'St~~ iLTR1P'~ 41t' 1 Architectural pia ~ , '~ } Facade Accents r~H ~ Prominent ~k~.n N» :»< .._..:_ ~, .,.,~~_~,~, :.. ":~ Arches above Upgraded light fixtures Gables "!'' Windows ~# _ °, Bay Window "~'"~.^"-'-~-71AOYE ARq„pCy(SOF SPECff7G F10ME ~lURE80NCY,.: ~Yuis,;.:.... 5 ORDINANCE 0-07-1620 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 4.4 ACRES ON LOTS 1 AND 2, BLOCK 1 OF THE GARDEN ADDITION, FROM THE CC1-VILLAGE RETAIL ZONING DISTRICT TO THE PUDR-PLANNED UNIT DEVELOPMENT-RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-07-014; 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, 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 Ordinance 0-07-1620 Page 2 of 5 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 4.4 acres on Lots 1 and 2, Block 1 of the Garden Addition from the CC1- Village Retail zoning district to the PUDR-Planned Unit Development- Residential zoning district, as depicted on Exhibit "A". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 4.5 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 street layout and arrangement of lots of the subdivision shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "B" 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 PUDR. Ordinance 0-07-1620 Page 3 of 5 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Single-family detached residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the Conceptual Site Plan, labeled as Exhibit "B", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line g. Maximum Lot Coverage 5,000 square feet 50 feet 100 feet 10 feet 5 feet or 3 and 7 feet (maintain 10 feet separation) 10 feet 65 percent 5. OPEN SPACE a. This development shall provide not less than twenty (20%) percent common open space, which shall generally be configured as shown on the Conceptual Site Plan, labeled as Exhibit "B". All open space areas shall be maintained by the Homeowner's Association. b. A ten (10) foot wide landscape buffer shall be provided along Pleasant Run Road. 6. SCREENING a. A six (6) foot tall stone masonry screening fence along Pleasant Run Road, as shown on the Conceptual Site Plan, labeled as Exhibit "B". 7. SIDEWALKS AND PATHWAYS a. Ten (10) foot wide trails shall be required along Church Street and Pleasant Run Road. b. Developer shall dedicate all required street and trail right of way within ninety (90) days of the approval of the Ordinance. Ordinance 0-07-1620 Page 4 of 5 Developer shall also escrow with the City an amount equal to the estimated cost of the trail improvements. 8. OTHER a. The minimum square footage for all houses constructed in this development shall be two thousand eight hundred (2,800) square feet. b. The pavement section for the cul-de-sac shall be 31-feet wide from back of curb to back of curb. c. The private access road will be maintained by the Homeowner's Association. d. Each residential unit along the cul-de-sac shall include a NFPA 13 D fire protection system. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT 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. 8. 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. 9. 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 day of 2007. Ordinance 0-07-1620 Page 5 of 5 The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map NORTH Exhibit B -Conceptual Site Plan ., Q~ .. , ., 3 Rt JAM ti«.k WI+UR Jk lry i; 1 ;!.. ~ ~ W f ~ I rn + ~ ~_ gaNf M } ~ f~ . 44~~ y 'i ~ . j ~> ~` ~ . ° R ~ ~`.~'yI y( ~ r •a~ ~a a4 111 ~.ta~c ~ ~ ,'. - _ :'~...~. SPEAKER CARD Date: ~- 5 = 0 7 I wish to address the City Council on the following subject: Agenda Item Number:1 cr. D -0 ~- ,/(~,Z / Name: a.. ~ a Address: IG Z o ~~Hd~~ D~ ~ ~-P City: ~Q l~As ? ~ 7S~ d ~ Telephone No. ~/y 9~//- yyy4 I represent: ~ p V-w~ ~ z~ ~ ~.v ; U e organization/self 1 understand that 1 am limited to five minutes and on items that are not designated as Public Hearings, the City Coun~l must "suspend the rules" in order to hear public cots,or questions. Signed: This information is a Public Record M1 " 100 Main Street ~ _ 1'~ City of Colleyville Colleyville, Texas 76034 (817) 503-1000 r ~~~~ Agenda Briefing www•colleyville.com File Number: 0-07-1621 File Number: 0-07-1621 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 06/05/2007 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval for a Special Use Permit for a cellular tower on Lot 1 R, Block 1 of the Nystel Addition located at 1815 John McCain, Case Z-07-002 Attachments: Location and Zoning Map Notification List Planning Objectives Exhibit Letter in Opposition Petition in Opposition Ordinance 0-07-1621 History of Legislative File Version: Date: Acting Body: Action Text: 05/14/2007 Planning and Zoning Commission 06/05/2007 City Council Title Approval for a Special Use Permit for a cellular tower on Lot 1 R, Block 1 of the Nystel Addition located at 1815 John McCain, Case Z-07-002 Explanation First Reading and Public Hearing Verizon Wireless, represented by Peter Kavanagh, has submitted an application for a Special Use Permit (SUP) to construct a cellular tower located at 1815 John McCain Road. The tower structure will be 100 feet tall. Attached is a tower elevation drawing that shows the construction details of the proposed tower. The tower will be located on the southwest corner of the property, behind the existing commercial business. Access to the tower will be through the existing parking lot. Regulations for cellular towers are contained in Chapter 3 of the Land Development Code, which state that the construction must be of a monopole design and the distance between the base of the tower and any agricultural or residential zoning district shall not be less than two times the height of the tower. The proposed height of the tower will be 100 feet. According to the distance requirements of the Land Development Code, the tower would have to be 200 feet from a residential or agricultural zoning district. The nearest residential dwelling is approximately 350 feet from the tower. The property to the north, where the residential dwelling unit is located, is zoned R20-Single Family Residential. The adjacent properties to the east and west are zoned ML-Light Manufacturing. The properties to the south are zoned CC2-Shopping Center. Attached is a City of Colleyville Page 1 Printed on 5/31/2007 Agenda Briefing Continued (0-07-1621) zoning and location map indicating the site of the cell tower and the zoning of the surrounding properties. Per the Federal Aviation Administration lighting requirements, the proposed cellular tower will not require safety lighting. Federal Aviation Administration guidelines state that towers under 200 feet in height do not have to meet obstruction lighting requirements, unless located within a designated aviation glide slope area, which is not applicable to the subject property. The following conditions have been inserted into the attached proposed ordinance: a. Location of the tower and all cellular ground equipment shall be situated within the boundaries of the site as shown on the Site Plan b. Site shall be limited to one tower structure c. Tower height shall not exceed 100 feet d. Tower shall be consistent with the Tower Elevation Drawings e. Alterations to the exterior of the tower shall require approval by City Council f. Exterior lighting shall require approval by City Council Public Notification. Staff notified 12 property owners within 200 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received one letter and one petition in opposition to this request. The percentage of property within two hundred feet of the subject property that is owned by property owners in opposition to this request is 14.5 percent. The percentage of opposition required to trigger a super majority vote for approval by City Council is 20%. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the May 14, 2007 meeting by a vote of 6-0. Summary. The proposed cellular tower complies with the regulations contained in the Land Development Code. Financial Impact It has been determined that there is no financial impact. Recommendation Approval, with the following conditions: a. Location of the tower and all cellular ground equipment shall be situated within the boundaries of the site as shown on the Site Plan b. Site shalt be limited to one tower structure c. Tower height shall not exceed 100 feet d. Tower shall be consistent with the Tower Elevation Drawings e. Alterations to the exterior of the tower shall require approval by City Council f. Exterior lighting shall require approval by City Council City of Colleyville Page 2 Printed on 5/31/2007 Location and Zoning Map Notification List OWNER OWNE OWNER NAME OWNER ADDR OWNER CITY STATE R ZIP SITUS ADDR Aghaalian, Mojtaba Etux Najafi 1813 Prince Meadow Dr Colleyville TX 76034 001813 Prince Meadow Dr Blake, Tim W Etux Susan M 7203 Brooke Dr Colleyville TX 76034 007203 Brooke Dr Dees, John Etux Vilma 7200 Maranatha Ct Colleyville TX 76034 007200 Maranatha Ct Gardner, Andrew 1815 John McCain Rd Colleyville TX 76034 001815 John McCain Rd Hasting Cove Ltd PO Box 5287 Culver City CA 90231 000000 Colleyville Blvd Maverick Drywall & Insulation 1901 John McCain Rd Ste A Colleyville TX 76034 001821 John McCain Rd Maverick Drywall & Insulation 1901 John McCain Rd Ste A Colleyville TX 76034 001901 John McCain Rd Nelson, Arnold E & Joyce Ann 5800 Hunter Trl Colleyville TX 76034 001809 John McCain Rd Pecan Creek Village Cntr Prtn 5670 Greenwood Plaza Blvd #30 (Greenwood Vill CO 80111 000000 Colleyville Blvd Timarron Owners Assn Inc 1800 Preston Park Blvd Ste 101 Plano TX 75093 001808 John McCain Rd Turner, C Allen 1908 John McCain Rd Colleyville TX 76034 001908 John McCain Rd Whitaker, M C Etux Anna 7204 Maranatha Ct Colleyville TX 76034 007204 Maranatha Ct Villas at Caldwell's Creek HOA 1709 Heathermore Colleyville TX 76034 Peter Kavanagh 1620 Handley Dr. Dallas TX 75208 Planning Objectives ATTACHMENT TO SPECIFIC USE PERMIT APPLICATION VERIZON WIRELESS - COLLEYVILLE McCAIN COLLEYVILLE, TEXAS REQUEST: The applicant is requesting a specific use permit to allow construction of a stealth telecommunications facility. STATEMENT OF PLANNING OBJECTIVES: Verizon Wireless plans to construct a stealth telecommunications facility. The site is located on the southwest corner of the property, next to the hike and trail along the railroad tracks. The facility will be a stealth installation that is designed as a flagpole type structure. The proposed telecommunications facility will provide needed cellular antenna service to the community. DEVELOPMENT SCHEDULE: Construction will begin soon after approval of the SUP and will take approximately thirty days to complete. STATEMENT OF PROPOSED OWNERSHIP: The ownership of the property will not change. STATEMENT OF UTILITIES TO BE PROVIDED: All major utilities, water, sewer, and drainage exist on the property. RECEIVEta APR 0 3 2007 Per ............. Exhibit ~ ~ c l ~ e... LL W ~ > `" cYs ' ~ W ~ U ~ W ~ `m 6 ~ ~ ~ ~ ~ --~_-=----- o '' ~~ ~i ~ a ~~ ;~ -__ W~ S z e~g ~ _ ~~F.~. o ~sa_#~ <~ ~ ~ ~~~ ~~~J~ JSS Z 040~i== 3 N yLL~ J0 ~! ~ ~~: ~ ~ ~~~ a _.. i ~ H _._. .~ - ~ A / 1 _ __ / ~ _ ~ ~'~ ,' ~ o- is ,~ ,~'' ~ I ~` ~ ~° ~~ ~ l /~. ~`` ~ ~ 1 i 'i'S .s ' ~ `$~ ~ _ ~ - .Y ~ b ~~ 9 ~~i qg$ 6.F - 000 ~~ ~§C ~ ~ 5t ~ $a ~° I. {- ~~~ i, i %; a.-m:.. a~u~ r~ r --~ ~~ ~`~ Qe~fs ~ °F ~~ ~g rya -__ .«r - e 3 a ~~~pti°~~~ 3 ~3 ~5 14 c~ \ i ~ ~ ~ ~ ~ ~ < ~s 8~ {~ p~ -~~ ~ ~ $ ~ 8 4~k ~~ ~' __- -~ «.n~ `` ~~ ~.._ Q ~ ....> ~ s . ~ . , ~~ ~ ~ ~~ .....,.. $ ~w - ~ \ ', Letter in Opposition Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 May 8, 2007 To Whom It May Concern; I would like to express my vehement opposition to the speaal use permit under consideration for the property located at 1815 John McCain Boulevard. 3almoral Drive ville, Texas 76034 442-4856 marysaunders2005~yahoo.com RECEIVED MAY X p 2007 I Per ~........... Petition in Opposition Community Development Department City Of Colleyville 100 Main Street Colleyville, TX. 76034 Reference: ML with a special use permit for cell tower We are giving written protest to the above mentioned special permit for a cell tower. I live within the 200 feet of the zoning notification area. /~~'p7 (/~ne~i yL~ rat7 I?~~3 /~l;n~ I`~~'nJ~ v ,~ f ry/a7 s~t4~o~ -~~~~1D7 RECEIVED MAY 1 4 200 C Per ~.......... ~~~~~~~ ~ ~`~~~- p a i,, a~ia rtA~l('Gttq l~l~ r~hc~ ~[a ~w ~~ ~. 1 ~ /ohr~ .~~~s ~2~c~ `J'I~rar~at`iQ ~m~r~ ORDINANCE 0-07-1621 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 OFFICIAL ZONING MAP BY AUTHORIZING A SPECIAL USE PERMIT FOR A CELLULAR TOWER ON LOT 1R, BLOCK 1, NYSTEL ADDITION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a Special Use Permit under Case No. Z-07-002; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan 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, 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 0-07-1621 Page 2 of 3 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a cellular tower on Lot 1R, Block 1, Nystel Addition, as depicted on the Zoning and Location Map, attached as Exhibit "A", and the Site Plan, attached as Exhibit "B" and subject to the following conditions: a. Location of the tower and all cellular ground equipment shall be situated within the boundaries of the site as shown on the Site Plan, attached as Exhibit "B". b. Site shall be limited to one tower structure. c. Tower height shall not to exceed 100 feet. d. Alterations to the exterior of the tower shall require approval by City Council. e. Exterior lighting shall require approval by City Council. f. Tower shall be consistent with the Tower Elevation Drawings, attached as Exhibit "C". Sec. 3. THAT the above described tract of land shown on Exhibit "B" shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT 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. 5. 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. 6. 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. 7. THAT it has been found that there has been a change in conditions in the Ordinance 0-07-1621 Page 3 of 3 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 day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Zoning and Location Map -Exhibit "A" Site Plan -Exhibit "B" t_ --.~. sue" F ~o war x_;.:r _ _,at~ ..,,~ `-> +. ~' ~r.,r roc i :' ~ ~,'~ ~~; ~;• i +•', f~..~ fir. .T'h, +".'~.•~ t J~ ~{ ~~ +~~. ~ r _f k ~r "~ ~' ~~ ~ r MITE WY r ~: ~ ~~~ r` ~s ~ n t~ ~ c f~ I ,~y,M, Y ilSi1`-. 1 ~. ~~ ~ ~{+' i ~. ..,.. - .. ....~ .. 4" rr ~ ror- Tower Elevation Drawings -Exhibit "C" ..._.~_. _ ,M .,.~.~..~ w i i' ~ ~""~+1~ ~~ ~ _. ,~~irlri ' - -,~ ~-~ r~ ~!j i~~ ~~ f! '~ r ~f ~ ~; ~ .~ ~ ~;~~ ~~~~ ~i ~ ~ ~ ``' ~, «; +. '~~`~ ~ ~.a.nc.~ct ~ n ,;~ ,„ --, `~ ~ City of Colleyville 100 Main Street (~ ~~ '1~ Colle ville, Texas 76034 `~ ~` (817) 503-1000 ~~~~~; Agenda Briefing www•colleyville.com File Number: 0-07-1622 File Number: 0-07-1622 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 06/05/2007 Agenda No.: 6b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request by The Dimension Group to amend the zoning and development requirements of the Planned Unit Development of the Starbucks Addition, located at 5520 Colleyville Boulevard, Case Z-07-015 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Site Plan • Elevation Drawings Ordinance 0-07-1622 History of Legislative File Version: Date: Acting Body: Action Text: 05/14/2007 Planning and Zoning Commission 06/05/2007 City Council Title Approval of a request by The Dimension Group to amend the zoning and development requirements of the Planned Unit Development of the Starbucks Addition, located at 5520 Colleyville Boulevard, Case Z-07-015 Explanation First Reading and Public Hearing The Dimension Group has submitted an application to amend the zoning ordinance on 1.0-acres of land located at the southwest corner of Church Street and Colleyville Boulevard, across from the Town Center Colleyville development. The applicant is requesting an amendment to the existing PUDC-Planned Unit Development Commercial zoning ordinance to incorporate 0.75 acres of adjacent land into the existing PUDC zoning ordinance. The additional 0.75 acres will be rezoned from AG-Agricultural to PUDC and will accommodate a proposed bank/financial institution. The applicant is also requesting to amend the existing PUDC zoning ordinance to increase the square footage permitted for the bank/financial institution. The existing ordinance limits the bank/financial institution to 4,000 square feet of floor area. The applicant is requesting to increase the maximum square footage of floor area to 4,705 square feet. The City Council approved the original PUDC zoning for this site on March 2, 2004. The list of uses allowed by the PUDC ordinance is designed to promote retail businesses that generate sales taxes. The City Council approved an amendment to the PUDC zoning for the site on October 18, 2005. The amendment to the ordinance provides that the one City of Colleyville Page 1 Printed on 6/1/2007 Agenda Briefing Continued (0-07-1622) bank/financial institution will be permitted on the property but limits the bank/financial institution to 4,000 square feet of floor area. Attached is a proposed ordinance that, if approved, will increase the maximum square footage of floor area for abank/financial institution to 4,705 square feet. The ordinance also includes the 0.75 acres of adjacent land to be incorporated into the existing PUDC zoning ordinance. The following is an analysis of the major issues associated with this rezoning request. Master Plan. The Colleyville Master Plan designates the future use of this area for office and commercial type land uses. The request is consistent with the goals and objectives of the Master Plan as the sales tax generating business was developed prior to the development of the bank/financial institution, in accordance with the approved zoning ordinance. Surrounding Properties. Most of the surrounding properties are developed. A single-family residence is located west of the site. The other surrounding properties are either developed as or intended for commercial, retail, or office development. Properties to the north and east are zoned CC2 and are developed as retail and commercial uses. Property to the south is zoned CC1 and is used as a medical office building. The property to the west is zoned AG and is used as a single family residence. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUDC ordinance for the subject property. A copy of the Statement of Planning Objectives is attached and describes the nature of the proposed development, a development schedule, and a statement of development goals. Tree Preservation. The applicant has provided a tree survey of the property. There are 156 caliper inches of existing trees on the property. The applicant intends to preserve 78 caliper inches and plant 80 caliper inches of trees. The applicant has been made aware of, and agreed to comply with, the tree preservation and replacement regulations stated within the Land Development Code. Exterior Building Elevations. The applicant has submitted exterior building elevations to be included in the ordinance for this property. The building elevations exceed the architectural design standards necessary for approval in commercial zoning districts. The score is based on an evaluation of the following criteria: facade articulation, roofs and surfaces, shade coverage, horizontal and diagonal roof planes. Any changes to the elevations will require approval by City Council. Site Plan. The developer has provided a conceptual site plan, which will be incorporated into the PUDC ordinance for the subject property. A copy of the proposed site plan is attached to this agenda briefing. The conceptual site plan shows a 4,705 square foot bank/financial institution with a five aisle drive-through canopy. Access to the site will include an entrance along the realigned Church Street. The current preliminary design plans for the reconstruction and widening of City of Colleyville Page 2 Printed on 5/30/2007 Agenda Briefing Continued (0-07-1622) Colleyville Boulevard shows an access point at the existing Church Street location, which will also maintain vehicular access to the Town Square development to the north of Church Street. Church Street Construction. The developer will be required to construct the portion of Church Street that runs through this property. Screening. The ordinance requires the developer to construct asix-foot tall live landscape screen where the property abuts a common lot line with non-commercial uses. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of utilities to the lots if necessary. Public Notification. Staff mailed notices to 15 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. No correspondence has been received regarding this request. Summary. There are two amendments to the original PUDC ordinance for this property. The first amendment is the request to increase the maximum square footage of floor area for abank/financial institution to 4,705 square feet. The second amendment includes the 0.75 acres of adjacent land to be incorporated into the existing PUDC zoning ordinance. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the May 14, 2007 meeting by a vote of 4-2. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 5/30/2007 Location and Zoning Map Notification List OWNER_NAME Charles & Rob Ltd Colleyville Church Of Christ Colonial Bank Ctl Properties Lp Eagle-Colleyville Towne Square First Baptist Ch Colleyville Heffernan, Dennis Etux Susan Herman Smith & Co Ltd Hrt Properties Of Texas Ltd Kerkering, Kenneth & Estilita Kim, Min H Leach, Terry Etux Dixie Lee, Fred J Etal Linton, David P Linton, David Patrick Patel, Kevin Hidden Oaks Estates HOA OWNER OWNER OWNER_ADDR OWNER_CITY STATE ZIP SITUS_ADDR 8235 Douglas Ave Ste 950 Dallas TX 75225 005601 Colleyville Blvd 1008 Church St Colleyville TX 76034 001008 Church St 1 Commerce St Montgomery AL 36104 001201 Church St 312 W Northwest Hwy Grapevine TX 76051 005409 Colleyville Blvd 5430 LBJ Fwy Ste 1575 Dallas TX 75240 005600 Colleyville Blvd 5300 Colleyville Blvd Colleyville TX 76034 005300 Colleyville Blvd 5604 Hidden Oaks Dr Colleyville TX 76034 005604 Hidden Oaks Dr 1903 Central Dr Ste 403 Bedford TX 76021 005609 Colleyville Blvd 3310 W End Ave Ste 700 Nashville TN 37203 005408 Colleyville Blvd 5603 Hidden Oaks Dr Colleyville TX 76034 005603 Hidden Oaks Dr 5601 Hidden Oaks Dr Colleyville TX 76034 005601 Hidden Oaks Dr 5605 Hidden Oaks Dr Colleyville TX 76034 005605 Hidden Oaks Dr PO Box 491750 Lawrenceville GA 30049 005501 Colleyville Blvd 3718 Branch Way Indianapolis IN 46268 000000 Church St 3718 Branch Way Indianapolis IN 46268 001109 Church St 10755 Sandhill Rd. Dallas TX 75238 applicant 5707 Hidden Oaks Dr. Colleyville TX 76034 .rte Date: 04/13/2007 ATTN: Planning Department City of Colleyville Colleyville, TX RE: Statement of Planning Objectives Dear Sir/Madam Wells Fargo Bank is proposing to construct 4700 S.F. building with four drive-thru lanes and one ATM lane. This facility will be a stucco and stone exterior with a standing seam metal roof. This facility will provide aesthetic landscaping (Please reference Landscape Plan). As shown on site lay out and Conceptual Landscape plan, Wells Fargo Bank has tried to salvage as many as possible of the existing tress. Also Wells Fargo Bank is proposing 20' Landscape Buffer and Masonry Screen wall at the NE location where Bank is abutting adjoining Residential Property. This facility is designed in such a way to minimize traffic stacking issues. This facility has two shared driveways one on HWY 26 (Colleyville Blvd.) and another on New Church Street. This will allow traffic to maneuver with greater access to location. The existing site is currently zoned PUD-C, which allows 4000 S.F. bank with drive-thru service. The city is in the process of realigning Church Street to the south to align with the existing intersection of Colleyville blvd. and Church Street. The relocation of Church street will create a small 0.47 acres irregularly shaped tract/lot of land, which will be used by Wells Fargo Bank for part of the Drive thru lanes and a 24' Fire Lane. This tract/lot is currently zoned as an Agriculture land. Wells Fargo Bank is requesting zoning amendment to convert vacant agriculture-zoned land in to PUD-C zoning to facilitate this development. 214.343.9400 214.341.9060 Fax dalias~dlmensfongrp.com 10755 Sandhill Road, Dallas, Texas 75238 CIVIL ENGINEERING • LAND DEVELOPMENT • PLANNING • ARCHITECTURE • CONSTRUCTION MANAGEMENT ~~ Wells Fargo Bank is open to any suggestions that the city may have in regards to this project. Please feel free to contact if there is any questions/suggestions. r 6j~P '' X9S ~~1 Sincerely .'* ; • * ~~~ • • ,~ ~~.......~9••534 ...:.~. ~v (Kevin Patel, P.E~~~ss'• •'''~~' ~~~, ~ONAL~ RECEIVED APR 1 3 200 Per ............. 214.343.9400 214.341.9060 Fax dallas~dtmsnsiongrp.com 10755 Sandhill Road. Dallas, Texas 75238 CIVIL ENGINEERING • LAND DEVELOPMENT • PLANNING • ARCHITECTURE • CONSTRUCTION MANAGEMENT ~ ~. ~~~ li~ g W ~ ass ^ et ! e e ~~ } nw} ~~ w` .^ ~~`• S~f f Xwpis .~ia > ~ 7 e ~ a g r ~ Q e 3~~ ~ (a 5, 4' ~~ !! 4 t t ~ ss ~~ ~~~ i ~ ~i ~ ~~ c ~ ~ N t~ ~ W N ~° ~ ~g~ ~~' ~ ~ W c i W ~ 8 ~ ~$ ~ .~ Q ~~~' F e ~ ~ ~ ~~ Yf ~~ ~~ ~; ~ M 53 S~ .~rgr~ ~ y ^ = ~ ~ m ~ p i~4$ ~~ ~ ~4,~ ~~6~ ~ ~~~ ~ k sF o v w ~ J ~ ~~ G ~ ~~y $ ? ~i ~ ~„~ ~ y ~~ i~ ~yWjx u "a ~" / N ~. m ~ J ~ \ \ l fA Z J z ti ~ ~ >>~ '~~~ ~, ~t : ~~~~ ~ \ i ~ ~ 7 Y. a r .~; _ A \ ~ ~~^p ` ~ ~@ .~ l ~/ /~ ' ... 1 / / f i i ~; / ~ ~ .,j ../- / / O \~ /. ~ (~ •'~'•' ey / / -~ ~~ ~ .~ t ~ ~ ~ i /, <o ~ i" ~ o '•i f . ~ ~~ :~ ft >,~ ~ © :R ~ o e ~ ©~ ~ _ ~I ~ C~.; O 0 ~~~~~s~~ ~~~~ .e °g~r~ p~ ~~~ipfi~ ,.~.~ ~. :.. ~L ~ ~' .z, .~ ~' + l.. I l SIDE ELEVATION b -~ .{; r. ti ~~ i ~ r1~iCOLOR ELEVATIONS _ \. ~NIS. __.... FRONT ELEVATION SIDE PEDESTRIAN ELEVATION ORDINANCE 0-07-1622 AN ORDINANCE AMENDING ORDINANCE 0-05-1550, BY AMENDING SECTION 2 TO MODIFY THE MAXIMUM SQUARE FOOTAGE OF THE BANK/FINANCIAL INSTITUTION AND REZONING 0.75 ACRES OUT OF THE NANCY B. LOONEY SURVEY, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO THE PUDC- PLANNED UNIT DEVELOPMENT-COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-04-1445 on March 2, 2004, to establish the zoning for 1.9 acres of property located at the southwest corner of Church Street and Colleyville Boulevard; and WHEREAS, the City Council amended Ordinance 0-04-1445 on October 18, 2005, by enacting Ordinance 0-05-1550 relating to square footage of certain uses, screening, site plan and platting; and WHEREAS, the developer has requested an amendment to Ordinance 0-05-1550 to modify the maximum square footage of the bank/financial institution, under Case Z-07-002; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan 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, 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 Ordinance 0-07-1622 Page 2 of 4 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Section 2 of Ordinance 0-05-1550 regarding permitted uses to add the following permitted use: m. One bank/financial institution may be constructed on the property with a maximum floor area of 4,705 square feet. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 0.755 acres out of the Nancy B. Looney Survey from the AG-Agricultural zoning district to the Planned Unit Development Commercial zoning district, as depicted in the attached Exhibit "A" and described in Exhibit "B". Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. CONCEPTUAL PLAN AND PLATTING a. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C", which shall not be considered the replat. b. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C"; however the lot layout may differ from that shown on Exhibit "C" to accommodate topographic, drainage or other conditions. c. The developer shall submit and receive approval from the City of Colleyville a replat in accordance with the requirements of the Land Development Code prior to development of this PUDC. d. The exterior elevations shall be generally consistent with the Exterior Elevation Drawings, labeled as Exhibit "D". Ordinance 0-07-1622 Page 3 of 4 Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT 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. 8. 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. 9. 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. Sec. 10. THAT Ordinance 0-04-1445 and 0-05-1550 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Ordinance 0-07-1622 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" Exhibit "B" -Legal Description PROPERTY DESCRIPTION BEING a tract of land situated in the Nancy B. Looney Survey, Abstract No. 937, being all of I.,at i R I , F31c~ck l , Starbucks Addition, an Addition in the City of Colleyville, Texas according to the Plat thereafrecorded in ('abinet A, Sfide 1 1254, Alai Records, Tarrant County, Texas and being a portion of that certain tract of land conveyed to N3 Development, Ltd. by Special Warranty Deed recorded in Instrument No. D206086992 and. all of "Tract 4 conveyed to City of Colleyville by Special Warranty Decd recorded in Instrument No. D206397059, both in Official Public Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 5/8 inch iron rod set for corner at the Northeast corner of said Lot 1 R1, said iron rod also being at the intersection of the Westerly RUW line oi' Colleyville Boulevard (S. H. 26) (a } 2l .25' ROW) with the South ROW line of Church Street (a 50' ROW}; THI::NCI=:: South 29 degrees 10 minutes O6 seconds West, along the Westerly ROW line aI' Colleyville Boulevard (S. H. 26} and the F,asterly line of said Lot ]Rl, a distance of 167.57 feet to a 5/8 inch iron rod set for corner at the Southeast corner of said I.,at l R1 and the Northeast corner of Lai 1 R of said Block 1, Starbucks Addition; 'l'HEN(~E: departing the Westerly ROW line of Colleyville Boulevard (S. H. 26) and along the common line afsaid Lot 1R atad said l:.ot lRl, the following bearings and distances: North 60 degrees 50 minutes 22 seconds West, a distance af~4.t)2 feet to a crass set for corner; South 29 degrees 11 minutes 38 seconds West, a distance of 35.52 feet to a cross set for earner; North 60 degrees 50 minutes 22 seconds West, a distance of 101.2 I feet to a crass ti~und far corner; South 29 degrees i8 minutes 50 seconds West, a distance of 18.71 feet to a 1/2 inch iron rod I'ouud t~ir carder; North 60 degrees 54 minutes 12 seconds West, a distance of 22.33 feet to a 5/8 inch iron rod set for corner in the Easterly line of said Tract =1, said iron rod also being at the Southwest corner of said Lot iRl and the Northwest earner of said Lot IR; "I•HENCE: South 17 degrees 22 minutes 08 seconds West, along the common line of said Tract ~ and said Lot 1 R, a distance of 96.35 feet. to a 518 inch iron rod found at the l~lortheast carver of Tract 3A conveyed to City of Calteyvillc by Right of Way Deed recorded in Instrument No. D206397060, Otiicial Public Records, "I~arrant County, "Texas, s<~id iron rod being at the beginning afa curve to the right, having a central angle of 18 degrees 39 minutes 18 seconds, a radius of 272.Ot) feet and a chard bearing North 37 degrees 10 minutes 31 seconds West, a distance of 88.17 feet; TI-IL:NCE: Northwesterly, along the common line of said Tract 3A and said "Tract =l, and along said curve to the rigs ~t, an arc distance of 88.56 feet to a 518 inch iron rod found at the end ai'said curve and the beginning ofa curve to the leii, having a central angle of 12 degrees 25 minutes 29 seconds, a radius of 360.00 feet and a chord bearin~~ North 34 degrees 03 minutes 36 seconds West, a distance of 77.9 ~ fc;ct: ..r ~ v G U z c~ > 0., U raft •+. 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TEXAS 75115 Ph~,ie: 972-681-4442 Fc~x: 972-681 -482~a LINE 7~Af~LE ~UR'~E TABLE L / = N60 °50 '22 "W 44.92 ' C/ A - / 8 °39 ' / 8 " R = 272. 00 ' L - 88.56 ' L 2 - S29 °! / '38 "ff 35. 3'2 ` CB= ,N37 °/4 '3/ 'W 88. /T ' L 3 - N60 °SO '22 `W / 0 / , 2 / ' C2 ,4 - / 2 °25 '29 ' R - 360. 00 ' L - 78. OT ` L ~' S,29 °18 'S0 "i!'' /8. TI CB- N34 °03 `3f "iY 77..01 ' L 5 - N26 °S9 ' I6 '~' 22. 33 " C3 A = l 42 °2! ' 04 "R - 50. 00 ' L - /24. 22 ' I L 6 -= NOS °02 "28 "E tS. d8 ' C B„ N~2 °57 '22 'L g~. 65 ' / L 7 - N~4 °01 '20 "E 22. S6 ' L 8 - SIT °22 '28 ° ~' 28. 65~ ` PK1- N88°s3'3n`E K~ ~Hl1R~N ~ TREE T c.o.s. __.. --- - ` 87. s~ `..._` ___. ~ ___ ~ ~ - s t R `~ N89 °28 '26 `E 22/ . 02 ' 5!8' SIR S/8" ~ LOT fRl \ ,r C3 i3l.OC:K f h \ / FIR ~' STARBtJCK' S ADDN ~~ DRAWER A SLiDF tl?..59 PRTCT \ F f R L ~ '- 0.6068 ACRE:< ~ ~ J CITY OF COLLEYV I L.LE f:8.. ~ __-.__~....~_~_.~ r 1 R t NST D?0F~39705~a (~ 5I?i` DRTCT TOTAL OF 1021 ACRES •~ O.4I4I ACRES ~ RO.^,S ~...__ _____._. __.__._._... Slt; FOUND 3\~ C2 5IB' ~ ~~ FtR -, ~~ FIR t~ ~. ~~ ~ ~ V 4' f ~`Vc~'~~ ~' S t R ~ ~~``+,J' f \ CRASS ('"y (~`'1~' "~ ~ LOT ! R SET " '~ ~s ~ 'ti BLOCti ; STAR8UC1<' S ADDN / JRAV"!ER A SL ! DL I f 25=.~ ~"~a FtR PRTCT / 5!8', t' Exhibit "C" - C i. ~ i V, ~ u~ ~~ i gggq Qua W Y ~t iea ^ P ei ?~ ~ " e 7.. } ~~ a t~ L ~ p . ~~2 ~ 8 e ~ < ~ r @ B s P~ o §. 1 t~ ~ 4 ~ a~ 11 ~511 ~~ ~~~ ~ ~~ l ~, / o. li \/ ~ " _ ~,.~ ~ o i a ~ II ~~ ~~§ $~ ~~o ~. N y g` ~~ ;~ r a; ,~~~ ~ I ~ 1 1 ~ Yi~~ ~~ i~ j I ~a~~ N ~ . N W N ~ n V o W Q el~~~ ~o §3 [J ~ ~ ~~ ~ ~ ~~b ~ N ~ ~ r ~_ = w V r, ~- ~ Z \ ~2=~ ~~ ~p ~~°~ ~ ~F g ~ \ ~ S d _ ~€~ y8 ksQ'a L' ~~as~ FY~~~ ~SC~~ N \ v ~ \ / U ~~ N ~mTu~ ., (g ;s? ~S ~ ~S po~ ~ ~`,`~ 2 ys~ O . ' ~ ! Y ~ U ~ ~ r ~`• ,~ i / ~~ / / ~ ~~ / P ~, ~ y ~ \~> > ~ ~~ // /~ d I' ~, ." I~ i~ i~ /- ,~' = q ©~ ~ ~~ .0 'I~ ;, 8 x s nY ~~~~ ~~~~~s~e s~ ~~~ ~~~~;~~~ `~~ `\` _ ~~~ ~ I I >~ Axs,O> ~//~/ . ~.\ 1. ..<- /i/off ,'~~ /~/ ~\ / ~ / / V / / i ~ ~Ff ~ i ~ .~ /• I'~• ~ ~ ' / , b ~+ f`PF a+QyS ~: / / / J ~ rvVm O~<~ F < a - ~ = ~___ ~ ~ ~ ~ ~ WI :i e~ ~ ~ ~I ,, ~,% Exhibit "D" -Exterior Elevation Drawings x ~,~ ~~ .~, . - ~-.._ ~~ SIDE PEDESTRIAN ELEVATION `t . ~ `r; 4 I+ ~- ,-'1 n &. :~~f ~ c ~~ _: n M ~~.: t:M T' ~!APltt 7I~.. IT - f ~ "T"~ j r-` I i 4 ~ $ t _ '.~.~ _. ._ _.~. amt r~ Y ~. A SIDE ELEVATION ~'"~~co~oR E~E~Ar~o~$____ _. j NI5 FR~JNT ELEVATION ~~ _ 100 Main Street (~? ~ ~ _t~ City of Colleyville Colleyville, Texas 76034 `~~~q~~ (817) 503-1000 `""''" Agenda Briefing vwwvcolleyville.com File Number: R-07-2839 File Number: R-07-2839 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 06/05/2007 Agenda No.: 7a Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of a Preliminary Plat for The Reserve at Colleyville Phase II Addition on 4.4 acres located in the 1000 block of Murphy Road, Case P-06-040 Attachments: Location and Zoning Map Plat Exhibit Resolution R-07-2839.pdf History of Legislative File Version: Date: Acting Body: Action Text: 04/23/2007 Planning and Zoning Commission 06/05/2007 City Council Title Approval of a Preliminary Plat for The Reserve at Colleyville Phase II Addition on 4.4 acres located in the 1000 block of Murphy Road, Case P-06-040 Explanation Reading and Public Hearing RP25 Development LP, is the developer of 4.4 acres, located on the north side of Murphy Road at the intersection of Murphy Road and Herbert Road. The developer has submitted a preliminary plat that will subdivide the property into 22 residential lots and 3 open space lots. The proposed development is intended to serve as the second phase to the adjacent The Reserve at Colleyville, Phase I development. The City Council approved the final plat of The Reserve at Colleyville, Phase I at the April 17, 2007 meeting. The applicant has submitted the preliminary plat for review and consideration by the Planning and Zoning Commission. The preliminary plat will also require the approval of the City Council, since the plat contains more than four lots. The following is an analysis of the issues associated with this preliminary plat. Zoning. The proposed plat area is currently zoned AG-Agricultural, however, the applicant has submitted a rezoning request that is also scheduled for consideration on this agenda. The proposed zoning designation is aPUDR-Planned Unit Development Residential zoning district that contains development standards similar to those within Ordinance 0-99-1153, which regulates The Reserve at Colleyville, Phase I. The proposed minimum lot size required in this PUDR is 13,000 square feet. All of the lots satisfy this requirement. City of Colleyville Page 1 Printed on 5/31/2007 Agenda Briefing Continued (R-07-2839) Sidewalks. The developer proposes that sidewalks be required for all lots within this development, except no sidewalks shall be required in the right-of-way adjacent to open space areas where a sidewalk is proposed on the opposite side of the same right-of-way. The proposed sidewalk condition is an existing development standard within Ordinance 0-99-1153. All other sidewalk standards shall be in accordance with the Land Development Code. Drainage and Storm water Runoff. According to the drainage analysis, The Reserve at Colleyville, Phase II will utilize the drainage system of The Reserve at Colleyville, Phase I. The drainage system for The Reserve at Colleyville, Phase I has been analyzed by the Engineering Department and has the capacity to handle the additional storm water from the Phase II portion of the development. The drainage analysis has been reviewed and accepted by the Engineering Department. Access. The proposed development will have primary access from Murphy Road. Construction of The Reserve at Colleyville, Phase II would eliminate the existing 24-foot access easement and would provide a network of local streets into both Phases I and II of The Reserve at Colleyville. Existing Street Improvements. The developer is required to construct Murphy Lane as a 31 foot wide reinforced concrete street section to the southern most portion of this plat. The remaining seven hundred feet of Murphy Road will be designed by the City and constructed by the developer south to the intersection with Precinct Line Road. The estimated total cost of design and construction of the city's portion of these improvements is $195,000 and may be funded from available cash in the FY 2008 General Fund budget. An additional option would be to fund this work from the FY 2008 General Fund Street Maintenance budget. The intersection with Precinct Line Road will include enhanced left and right turn lanes for enhanced traffic movement. In addition, the developer will be required to fund and construct an additional right turn lane at the intersection of Herbert Road and McDonwell School Road. These improvements will all be included in aCity-Developer Agreement that will be presented to the Council for consideration at a subsequent meeting. It will be required that all street improvements on Murphy Road and Herbert Road be completed prior to acceptance by the City of the first phase of development of this subdivision. Upon acceptance of the first phase of on-site and off-site infrastructure improvements, staff will schedule with Tarrant County to rebuild the existing asphalt roadway on Herbert Road. Open Space. The proposed development contains three open space areas. All of the open spaces will be landscaped and maintained by the homeowner's association. Tree Survey and Replacement Requirements. Prior to any site grading, the developer will submit a survey and tree replacement plan. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the Final Plat. The fees for residential uses are $1,802 per residential lot. Planning and Zoning Commission Recommendation. The Planning and Zoning City of Colleyville Page 2 Printed on 5/31/2007 Aaenda Briefna Continued (R-07-2839) Commission recommended approval of this request at the April 23, 2007 meeting by a vote of 4-0. Summary. The developer has addressed all Development Review Committee comments. The proposed development satisfies the platting standards contained in the Land Development Code and the proposed PUDR zoning ordinance development standards. Financial Impact It has been determined that FY2008 Budget Planning should incorporate $195,000 to be expended for this project from available cash in the General Fund budget or from the General Fund Street Maintenance Budget. Recommendation Approval City of Colleyville Page 3 Printed on 5/31/2007 Location and Zoning Map 1200 101d PUD-R R~0 8612 Site R-40 AG 900 1106 1100 1012 10~ 8600 ~ m AG z 1212 n "'~ r_ ....... 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[ ([ ~ ri~ ~ 3#~ -Ais~le~ _ {~ tI i ' i r ~ i d~. II1C RC.`ICRrC AI VVVVG^•ICCCe rnnvc a RESOLUTION R-07-2839 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE RESERVE AT COLLEYVILLE PHASE II ADDITION WHEREAS, the subject property is zoned PUDR-Planned Unit Development Residential. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the preliminary plat of The Reserve at Colleyville Phase II Addition is hereby approved. Sec. 2. THAT the preliminary plat is attached as Exhibit "A". AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS AND ABSTENTIONS ON 2007. 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'a i r` ~~tIq ~ j~ ~~~ ~ j 3 ~'~ x,t Fi ~~ iii ~ [ ?t~~~~#~1 {~~}~ti ~ i s~ a~~t i ~~'~ i7 i i t ~[ 11 ~ 6i 33 ~ s i~1 1 1 ! € i 1 t (r ; { r ~ ~ ~~ rs l r,~~! ? 1 ~ ~ €3.t ;~ii 3 + ~t't ? 1;rit ~ ( X 1 ! 9~~ '` : ~ ! t ~ it.t i 1~;~#! i ~. 2~~t3 ~~~ i ~ 3 it ~ i$~~{t~~`€ yy TWE RESERVE AT COLLEYVILLE, PHASE 2 '~ (7"- y O ~_ O Oa O a ~ a ~ 4 ~ n c y n ~ y 3"~ 3~0. y ~~ .y.. ~Q O y y ~O rt 3 ~ tD O ~ D ~ `~ a y ~ O ~ C C C ~. y yw 4 ~° o ~ ~ ~..~.' s '~ 3 ~D y y ~ y y ~ y O ~ ~~ ~a O (~ N 7 N~ O m -~ `•< c~ (D I~ TJ 1~ l0 -o ~ ~ 0 (D o ~, -.~ ^~ 1V v (D ~ ~ m ~ a Ot ~ `° z c C' n Q`` '` 'V Q ~. )'v1\ ~l~~\~\ ~ 1~ O ~ ~ o ~ Q °- m N (~D ~ C7 ~ ~ O O 3 CD O ~ ~. C c° /~ v L~ 4 i~ 4; ~" s y O o~ 01' a_ 0 a e ~ c ~ a~4 ~ n a' y O n 3 =~ a e~ y ~~ •y.. ''o . ~ O y y ~ C ? 3 ~D <p ~. ~n3. o' '' ~~a y n0 ~~ O ~ ~3 3~ M ~D y yw _ O4 ~~ a~ s ~3 ~D y C y ~. y V ~ ~ ~D ~ y O ~ ~ ~. ~ 4 O (~ m -a (D Z D ~ ~ m ~ a ~___,1 y l.~ ~ z '= c ~ 3 c r- Q o ~~•~ m o ~' ~ .~ ~. .I 5' J ~i ~ ~ R -~ ~ c r` ~, r ~ ~_~ ~ 0 ~. m ~ N -i ~' m ~D n O '1 ~ n O 7 0 oC 7 G ~~ =c. v m G~ o~ m v ,,,~ OF June 4, 2007 To Whom It May Concern: We, the Colleyville Church of Christ, have received and reviewed the plans for the new housing development at Pleasant Run and Church Street. We foresee no negative effects from traffic flow or congestion due to the construction of the Villas at Pleasant Run. We see only positives. We feel that this development will enhance the area surrounding our building adding beauty to where an abandoned building now stands. As a congregation we are excited about the new families that this development will bring into our area. y~~~ ~~ ~ David W. Hamrick Minister Colleyville Church of Christ pp {4~~ ;,rrq, g g g g p pp 'q, { y p p¢ „ ~ .,' // m $~. .°1. ~~4 T 9. ,~6„2.~Y~6 ~../ ~- l.T 6 f R.~+.F 1, ~~ d~. ~ ~ ~ 7r ~,~ ~~ ~a~l ~~x Y ~~~~_iY a~~ q p~ Z.. ~ ~~.'.l _*.i - G1~,„~ ~~~'~,~.~'v ~ ., 111 1jiClas at PCeasant Run We have reviewed the layout and proposal for the "Villas at Pleasant Run" development and feel that this development will enhance our neighborhood and are in favor of this development. We hereby show our support of this development with our signatures listed below. ~ 1 ~ ~. ,. ,'l ~ i.. _ Villas at Pleasant Run We have reviewed the layout and proposal for the "Villas at Pleasant Run" development and feel that this development will enhance our neighborhood and are in favor of this development. We hereby show our support of this development with our signatures listed below. mil I .li i ~~~1~`~~( First United Methodist Church of .~r, COLLEYV/LLE Open Hearts. Open Minds. Open Dooa°s. Dr. Gary G. Iiindley, Senior Minister May 23, 2007 To Whom It May Concern: First United Methodist Church of Colleyville has reviewed the proposed development at the southeast corner of Church Street and Pleasant Run Road. We do not believe this development will have any material effect relevant to traffic congestion around our facility. ~-_ Robert C. Straub, Jr. Chairman, Board of Trustees First United Methodist Church, Colleyville 5601 Pleasant Run Road Colleyville, TY 76034 (817) 281-5254 `vwwfumccolleyville.org `";~~~ 100 Main Street .°4~~~ ~ City of Colleyville Coll (81'7) 03X1000 034 ~~~~~" Agenda Briefing www•colleyville.com File Number: R-07-2840 File Number: R-07-2840 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 06/05/2007 Agenda No.: 7b Final Action: File Name: Approval of Preliminary Plat for Lots 1-20, Block 1 of the Villas at Pleasant Run Addition located at 5505 Pleasant Run Road, Case P-07-020 Attachments: Location and Zoning Map Plat Resolution R-07-2840 History of Legislative File Version: Date: Acting Body: Action Text: 1 04/23/2007 Planning and Zoning Commission 1 06/05/2007 City Council Title Approval of Preliminary Plat for Lots 1-20, Block 1 of the Villas at Pleasant Run Addition located at 5505 Pleasant Run Road, Case P-07-020 Explanation Reading and Public Hearing Carter and Burgess, Inc., is the developer of 4.4 acres, located on the southeast corner of Pleasant Run Road and Church Street. The developer has submitted a preliminary plat, which will subdivide the property into 20 lots for the construction of single family residential detached dwelling units and one open space lot. The applicant has submitted the preliminary plat for review and consideration by the Planning and Zoning Commission. The preliminary plat will also require the approval of the City Council, since the plat contains more than four lots. The following is an analysis of the issues associated with this preliminary plat. Zoning. The proposed plat area is currently zoned CC1-Village Retail, however, the applicant has submitted a rezoning request that is also scheduled for consideration on this agenda. The proposed zoning designation is a PUDR-Planned Unit Development Residential zoning district. The proposed minimum lot size required in the proposed PUDR ordinance is 5,000 square feet. The minimum lot width required in the proposed PUDR ordinance is 50 feet with a minimum lot depth of 100 feet. All of the lots satisfy these requirements. Status: Resolution Controlling Body: City Council City of Colleyville Page 1 Printed on 5/30/2007 Agenda Briefing Continued (R-07-2840) Sidewalks and Trails. The 2005 Colleyville Pathways Plan requires a 10 foot wide trail along the south side of Church Street and along the east side of Pleasant Run Road. The developer will be responsible for escrowing funds for the construction of the sections of trail adjacent to this development. Additionally, the developer will be providing internal sidewalks to the development for each lot. Drainage and Stormwater Runoff. The property is adjacent to the Pleasant Run Creek and has a designated floodplain area located within the eastern portion of the proposed development. The applicant has submitted a preliminary drainage analysis that has been reviewed and accepted by the Engineering Department in accordance with the regulations within the Land Development Code. The preliminary drainage analysis indicates that the property will be developed so that the rate of runoff created by the development as it leaves the property does not exceed the rate of runoff that is currently occurring in the existing conditions. A detailed flood study will be required during the platting process prior to final plat approval. Access. The development will have access from Church Street and Pleasant Run Road. The applicant proposes to construct a cul-de-sac extending from Pleasant Run Road into the development. The cul-de-sac will be a public roadway that will serve 13 residential lots. Seven lots will have frontage along Church Street. The applicant is proposing to construct a 20 foot wide private access road that will reduce the number of driveways along Church Street. The private access road will be privately owned and maintained. The applicant is requesting a waiver from the roadway construction standards for the cul-de-sac. Due to the lack of a secondary entrance into the cul-de-sac, the Land Development Code requires a 41-foot wide pavement section at the entry of the roadway. Generally, the pavement section would only be 31-feet wide. The applicant asserts that the additional 10-feet of pavement is not needed due to the fire protection measures, which include fire alarm and sprinkler systems, being installed within each residence. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Tree Preservation. The developer will be required to conduct a tree survey of the site and prepare a tree study. At time of platting, a tree replacement plan may be necessary for the non-exempt trees proposed for removal. Parkland Dedication Fees. Parkland dedication fees are due at the time of approval of the Final Plat. The fees for residential uses are $1,802 per residential lot. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the April 23, 2007 meeting by a vote of 4-0. Summary. The developer has addressed all Development Review Committee comments. The proposed development satisfies the platting standards contained in the Land Development Code and the proposed PUDR zoning ordinance development standards. City of Colleyville Page 2 Printed on 5/30/2007 Agenda Briefing Continued (R-07-2840) Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 5/30/2007 Location and Zoning Map --~n~ ~R ~~~~ N s: d Y n ~ ~ W t q~ 2 4 V -+ ~ • ~ ~ ~ g ~+ r ~ ~} ~ } ~ ~ J a s R ~ J ~' ~~ o i~ a ~~ ~~ -~~ ~~ . ~~ ~~~e ~¢~ ~~ W U ~` 0 V N Cpl a RESOLUTION R-07-2840 A RESOLUTION APPROVING THE PRELIMINARY PLAT OF VILLAS AT PLEASANT RUN ADDITION WHEREAS, the subject property is zoned PUDR-Planned Unit Development Residential. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the preliminary plat of Villas at Pleasant Run Road Addition is hereby approved. Sec. 2. THAT the preliminary plat is attached as Exhibit "A". AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Exhibit "A" ~~ .' P a 1 "s ~ i I; I • I , ^' ~.. ~ r } -- cy -' -. r;;_ ~< i 3'! ~'Jy iR 5~•i ~'~ `~~ ~= ,~ s:' ~d~ s~ .` ?i; ~~. Y ~ ~ . ~YI< ~1 Z: :~~ _ -~ i. NJYIi 1N~'i'rd ~d ~' ~ -8 '~ I .. a Y ~ ~ ~ ~ 4 j 2 T ~ p ~ : `~ S " d '~' ~ ~ ~ ~~ y ~ 9 ~~ !~ ~ ~ aft ~ !! ~ .. • ~ *~ ~4r ff ~~ ~ ~ ~ ~ ~ °u ~~ ~ ~ ~ e ,< 9 " 100 Main Street ~~~' ~ City of Colleyville Colleyville, Texas 76034 ~~~ (817) 503-1000 '"`~" Agenda Briefing www•colleyville.com File Number: R-07-2841 File Number: R-07-2841 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 06/05/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: 7c Final Action: Secretary File Name: Consideration of appointments to the City Council Audit Committee Attachments: Audit Committee roster.pdf Resolution R-07-2841.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/05/2007 City Council Title Consideration of appointments to the City Council Audit Committee Explanation Reading and Public Hearing On June 17, 2003, City Council established an Audit Committee whose purpose is to review a draft of the audit report and meet with the auditors before the audit is presented to the full City Council. The Committee is comprised of three Councilmembers whose terms shall be concurrent with a member's term on the City Council. The terms of Mayor David Kelly and Councilmember Tony Licata expired May 2007 and Councilmember George Boll did not seek re-election. This resolution provides for the City Council to appoint three Councilmembers to the Audit Committee. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 5/30/2007 Audit Committee George Boll 4406 Eaton Circle Colleyville, TX 76034 W: 972.866.8333 F: 972.866.8278 bollg(c~ci. colleyvil le.tx. us TERM: June 2005 -May 2007 David Kelly 905 Inwood Lane Colleyville, TX 76034 W: 817.410.3715 H: 817.656.1862 F: 817.410.3716 kellyd anci.colleyville.tx. us TERM: June 2005 -May 2007 Tony Licata 5600 Creekside Court Colleyville,TX 76034 H: 817.545.4211 l icatat(a)ci. colleyvil le.tx. us TERM: June 2006 -May 2007 Feviserl Oh-26-06 RESOLUTION R-07-2841 A RESOLUTION APPOINTING MEMBERS TO THE AUDIT COMMITTEE WHEREAS, the City Council established an Audit Committee, which is ultimately responsible for the stewardship of the City's funds and an annual audit is required by the Charter; and WHEREAS, the Audit Committee, composed of three Councilmembers, reviews a draft of the audit and meets with the auditors before the audit is presented to the full City Council. WHEREAS, three (3) Councilmember's terms have expired. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following Councilmembers shall be appointed to serve on the Audit Committee for a term concurrent with their term on the City Council. AND IT IS SO ORDERED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE: David Kelly Mayor ' 100 Main Street 7 `-~ ~'~ •~ City of Colleyville Colleyville, Texas 76034 ~~~ ~ ~' i ~~'~ (817) 503-1000 ,..~.~ Agenda Briefing www•colleyville.com File Number: R-07-2842 File Number: R-07-2842 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 06/05/2007 Agenda No.: 7d Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of appointment of City Councilmembers to the Colleyville Economic Development Corporation Attachments: Colleyville Economic Development Corporation Board (CEDC) roster.pdf CEDC Bylaws excerpt.pdf Resolution R-07-2842.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/05/2007 City Council Title Consideration of appointment of City Councilmembers to the Colleyville Economic Development Corporation Explanation Reading and Public Hearing As per the Articles of Incorporation of the Colleyville Economic Development Corporation (CEDC), if a member of the City Council ceases to be a Councilmember, such event shall constitute an automatic resignation as a director and such vacancy shall be filled in the same manner as other vacancies. The term of David Kelly expired May 2007; therefore, it will be necessary to appoint one (1) Councilmember to serve as a member of the CEDC for a term consecutive with their term on the City Council. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 5/30/2007 Colleyville Economic Development Corporation PRESIDENT VICE PRESIDENT Jon Ayers John Terhoeve 4808 Meandering Way 1204 Opal Court Colleyville, TX 76034 Colleyville, TX 76034 W: 817.267.9009 W: 817.999.5629 H: 817.267.1630 H: 817.488.0800 F: 817.318.0663 F: 972.792.3030 M: 972.571.6647 TERM: September 2005 - 2007 ayersj[ ci.colleyville.tx.us TERM: June 2006 -May 2008 Colleyville Rotary Club John Gray Tom Hart 3300 Pembrooke Way South 1717 Avondale Colleyville, TX 76034 Colleyville, TX 76034 W: 817.318.8229 W: 817.975.3671 H: 817.318.8229 H: 817.540.1171 F: 817.571.6300 F: 817.835.0392 i.h.grayCa)comcast.net harttta~ci.collewille.tx.us TERM: September 2005 - 2007 TERM: June 2006 -May 2008 Rich Hendler David Kelly 2100 Highland Meadows 905 Inwood Lane Colleyville, TX 76034 Colleyville, TX 76034 W: 817.421.8165 W: 817.410.3715 H: 817.421.8164 H: 817.656.1862 F: 817.421.9062 F: 817.410.3716 M: 817.821.0005 kellyd cr.ci.colleyville.tx.us hendlerr(a~ci.colleyville.tx.us TERM: June 2005 -May 2007 TERM: June 2006 -May 2008 FINANCE MANAGER James Spriggs Terry Leake 2505 Highland Meadows Drive 503 Springbranch Drive Colleyville, TX 76034 Keller, TX 76248 H: 817.329.0103 W: 817.503.1015 F: 817.329.0103 H: 817.379.5014 carspriggsCa)verizon.net F: 817.503.1019 TERM: September 2005 - 2007 leaket ci.colleyville.tx.us Revised 04-23-2007 GENERAL MANAGER Bill Lindley 2402 Broadoak Way Colleyville, TX 76034 W: 817.503.1116 H: 817.410.2338 F: 817.501.1129 lindleyw a ci.colleyville.tx.us SECRETARY Cynthia Singleton 100 Main Street Colleyville, TX 76034 W: 817.503.1133 H: 817.488.1011 F: 817.503.1139 sing letonc(a~ci.collewil le.tx. us Revised 04-23-2007 In the fulfillment of its corporate purpose, the Corporation shall be governed by the Act, and shall have all of the powers set forth and conferred in Section 46 of the Act, and in other applicable laws, subject to the limitations prescribed therein and herein and to the provisions thereof and hereof. ARTICLE II. BOARD OF DIRECTORS SECTION 1. NUMBER AND TERM OF OFFICE. A. The property and affairs of the Corporation shall be managed and controlled by a Board and, subject to the restrictions imposed by law, by the Articles and these Bylaws, the Board shall exercise all of the powers of the Corporation. B. The Board shall consist of seven (7} directors, each of whom shall be appointed by the City Council. Each of the directors shall be a resident of the City. C. Four (4) members of the first Board shall serve terms of one (1) year and three (3) members shall serve terms of two (2) years. The respective terms of the initial directors shall be determined by the City Council. Thereafter, each successive member of the Board shall be appointed and serve for two (2) years or until a successor is appointed as hereinafter provided. Three (3) directors shall be persons who are not employees, officers of the City or members of the City Council. D. Any director may be removed from office by the City Council at will. A vacancy of any director's position which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be filled by the City Council. SECTION 2. VACANCIES AND RESIGNATIONS. A vacancy in any position of director which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be filled as prescribed in Article ll, Section 1. A vacancy in the office of President or Vice President which occurs by reason of death, resignation, disqualification, removal, or otherwise, shall be filled by election by the Board, from the remaining directors, for the unexpired portion of the term of that office. Any director may resign at any time. Such resignation shall be made in writing, addressed to the Mayor and the City Secretary, and shall take effect at the time Amended 08/23/05 _2_ RESOLUTION R-07-2842 A RESOLUTION APPOINTING A MEMBER TO THE COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BOARD OF DIRECTORS WHEREAS, in accordance with Articles of Incorporation of the Colleyville Economic Development Corporation (CEDC) if a member of the City Council ceases to be a Councilmember, such event shall constitute an automatic resignation as a director and such vacancy shall be filled in the same manner as other vacancies; and WHEREAS, one (1) Councilmember's term expired. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Councilmember shall be appointed to serve on the Colleyville Economic Development Corporation Board of Directors for a term concurrent with their term on the City Council. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, NAYS AND DAY OF 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor :,~,_<., -- - 100 Main Street City of Colleyville Colleyville, Texas 76034 ~~ _~~., ~ (817) 503-1000 r,.,:" Agenda Briefing www•colleyville.com File Number: R-07-2843 File Number: R-07-2843 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 06/05/2007 Agenda No.: 7e Status: Resolution Controlling Body: City Council Final Action: File Name: Appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees Attachments: Resolution R-06-2715.pdf Resolution R-07-2843.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/05/2007 City Council Title Appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees Explanation Reading and Public Hearing In 2000, the City Council formally established City Council liaisons for City Boards, Commissions and Committees. The purpose of establishing City Council liaisons is as follows: 1. Report to the City Council on the activities of the committee; and 2. Advise the committee of actions taken by the Council or being considered by the Council related to the committee's activities; and 3. Advise the City Council as to the capabilities and contributions of committee members at the time appointments are being considered. On the basis that the City Council desires to continue serving as liaisons, staff has prepared the attached resolution establishing liaisons. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 5/31/2007 RESOLUTION R-06-2715 A RESOLUTION APPOINTING CITY COUNCIL LIAISONS TO THE CITY OF COLLEYVILLE BOARDS, COMMISSIONS AND COMMITTEES WHEREAS, the City Council desires to serve as liaisons of the City of Colleyville Boards, Commissions and Committees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following City Council liaisons are established: Planning and Zoning Commission Tom Hart George Boll Zoning Board of Adjustments Jon Ayers Parks and Recreation Advisory Board Tom Hart Tony Licata Colleyville Tree Board Rich Hendler Library Board Tony Licata Traffic Safety Advisory Committee Mike Taylor Historical Preservation Committee Jon Ayers Capital Improvement Advisory Committee George Boll Colleyville Center Advisory Committee George Boll Celebrate Colleyville Steering Committee Jon Ayers SH26 Advisory Committee David Kelly Mike Taylor Colleyville Sidewalk Committee Tony Licata Teen Court Advisory Board Rich Hendler Mike Taylor AND IT IS SO RESOLVED. Resolution R-06-2715 Page 2 of 2 PASSED BY A VOTE OF / AYES, L~ NAYS AND V ABSTENTIONS i ON THIS THE o2D~ DAY OF 2006. i ATTEST: , Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE 1...~~ David Kelly Mayor RESOLUTION R-07-2843 A RESOLUTION APPOINTING CITY COUNCIL LIAISONS TO THE CITY OF COLLEYVILLE BOARDS, COMMISSIONS AND COMMITTEES WHEREAS, the City Council desires to serve as liaisons of the City of Colleyville Boards, Commissions and Committees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following City Council liaisons are established: Planning and Zoning Commission Zoning Board of Adjustments Parks and Recreation Advisory Board Colleyville Tree Board Library Board Traffic Safety Advisory Committee Historical Preservation Committee Capital Improvement Advisory Committee Colleyville Center Advisory Committee Celebrate Colleyville Steering Committee SH26 Advisory Committee Colleyville Trails and Sidewalks Committee Teen Court Advisory Board Senior Center Advisory Committee AND IT IS SO RESOLVED. Resolution R-07-2843 Page 2 of 2 PASSED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor `~ ~~~ '~`~"G ^ City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 Agenda Briefing www.colle ville.com y File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 06/05/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: 9 Final Action: Secretary File Name: Reports -June 5, 2007 Attachments: Colleyville Center Advisory Committee Minutes -February 19, 2007.pdf Colleyville Center Marketing Subcommittee Minutes -April 23, 2007.pdf Planning and Zoning Commission Minutes -May 14, 2007 History of Legislative File Version: Date: Acting Body: Action Text: 1 06/05/2007 City Council Title Colleyville Center Advisory Committee Minutes -February 19, 2007 Colleyville Center Marketing Subcommittee Minutes -April 23, 2007 Planning and Zoning Commission Minutes -May 14, 2007 City of Colleyville Page 1 Printed on 6/1/2007 COLLEYVILLE CENTER ADVISORY COMMITTEE FY 2007 FIRST QUARTER MEETING FEBRUARY 19, 2007 MINUTES Present: Chair Suzanne Harrington, Vice Chair Molly Skinner, Karen Birks, Chuck Baudrau, Evelyn Englert, John Gray, Mark Johnson, Pat Jones, Louis Miller, Rob Rutherford, Paul Vigiletti, Tom Westerman Assistant City Manager Dal Anderson, Center Manager Lin Przybyl, and Center Coordinator, Marilyn Gilbert Absent: Sheryl Black, Muriel Havran, Connie Nichols Councilman George Boll 1. Chair Suzanne Harrington called the meeting to order at 5:30 p.m. 2. Minutes for the November 13, 2006 Advisory Committee meeting were approved as written. 3. The Advisory Committee reviewed and discussed the Colleyville Center FY2007 -First Quarter Report. 4. The Chair opened nominations for Advisory Committee Chair and Vice- Chair positions for cone-year term beginning February 2007. Mark Johnson was elected Chair. Louis Miller was elected Vice-Chair. 5. The meeting was adjourned at 6:25 p.m. COLLEYVILLE CENTER MARKETING SUBCOMMITTEE MEETING MONDAY, APRIL 23, 2007 MINUTES Present: Sheryl Black, Evelyn Englert, Suzanne Harrington, Mark Johnson, Louis Miller Assistant City Manager Kelly Cooper, Center Manager Lin Przybyl and Center Coordinator Marilyn Gilbert 1. Chair Sheryl Black called the meeting to order at 6:10 p.m. 2. Staff reported on the current marketing strategy including a display of current print advertisers such as Panache, Inside Colleyville, Colleyville Area Chamber Newsletter, The Knot, Party & Event Planners Sourcebook, Business Meetings & More, and Dallas-Fort Worth Bride and Groom. 3. The committee discussed the proposed FY 2008 marketing strategy naming monument signage as a high priority. Staff will research linking advertising to the Center website and the feasibility of future Colleyville Center expansion. 4. The committee suggested the following in regards to the Tenth Anniversary Celebration: ^ Entertainment -Celebration Ball, Big Band, Colleyville Heritage High School Jazz or Swing Band, NETC Orchestra ^ Recognize the first of each event type that booked the Center: wedding reception, birthday party, business meeting, etc. ^ Feature local restaurants, caterers and chefs fora "Taste of Colleyville" type event ^ Select a Theme Staff will evaluate funding sources for the event and report back to the full committee with a budget. 5. Chair Sheryl Black adjourned the meeting at 7:15 p.m. -__~" Ci of Colle V~~~e 100 Main Street `,~ 1 Colleyville, Texas 76034 (817) 503-1000 City Council Minutes -Final www.colleyville.com r,;,. Planning and Zoning Commission Monday, May 14, 2007 7:00 PM City Council Chambers 6:15 P.M. -PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on May 14, 2007 at 7:03 p.m. 2. ROLL CALL Present: Commissioners Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly Absent: Commissioner David Dudziak Staff Present: Chris Fuller, Jeremy Hutt, Mike Johnston, Scott Welmaker and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Phelps. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Redfearn moved to approve the April 23, 2007 meeting minutes with the correction on page 11, change the "here" to "hear". Commissioner Taylor seconded. City of Colleyville page 1 Printed on 5/30/2007 Planning and Zoning Commission City Council Minutes -Final May 74, 2007 The motion carried by the following vote: Aye: 5 -Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 -Dudziak 6. RECOGNITION OF OUTGOING MEMBER Commissioner Byerly thanked Robert McCormick for his service as a Planning and Zoning Commissioner. 7. ADMINISTER OATH OF OFFICE FOR NEWLY APPOINTED MEMBER Recording Secretary Amy Shelley administered the Oath of Office to the newly appointed Planning and Zoning Commissioner, Larry Knox. He then took his seat on the Commission and a new roll was called by Commissioner Byerly. Present: Commissioners Larry Knox, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy and Jeff Byerly Absent: Commissioner David Dudziak 8. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 9. REGULAR AGENDA ITEMS 9a Approval of Minor Plat for Lot 1, Block 1 of the Toth Addition located at 2108 Glade Road, Case P-07-023 Chris Fuller presented the case and briefed the Commission. Commissioner Duffy questioned staff regarding which direction will the new home face? Chris Fuller replied not knowing at this time, the property owner can choose either Montclair or Glade Road at the time a building permit is applied. Commissioner Redfearn moved Commissioner Taylor seconded. The motion carried by the following vote: to approve case P-07-023. Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 -Dudziak 9b Approval of Final Plat for Lots 1-13, Block 1 of the Highland Park Addition located at 5800 Pool Road, Case P-07-024 Chris Fuller presented the case and briefed the Commissioners. City of Colleyville Page 2 Printed on 5/30/2007 Planning and Zoning Commission City Council Minutes -Final May 14, 2007 Commissioner Redfearn questioned staff regarding if the open space requirements have been met? Chris Fuller replied yes. Commissioner Duffy questioned staff regarding if the drainage for this development has been approved? Chris Fuller replied yes, the Highland Meadows addition adjacent to this development has been constructed to facilitate the run off for this development. Commissioner Byerly questioned staff regarding if the waivers that were approved for this development were at the City's request? Chris Fuller replied the waiver depths were a request by the developer, however, the set back from 35 feet to 25 feet was at the request of staff given the building envelope size. Commissioner Duffy moved to approve case P-07-024. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 - Dudziak 10. PUBLIC HEARING AGENDA ITEMS 10a Request by the Vanguard Estates residents to gate the Vanguard Estates Addition located on Bandit Trail and Vanguard Court, Case G-07-009 Chris Fuller presented the case and briefed the Commission. Commissioner Redfearn questioned staff regarding if the gate would have an Opticom system installed? Chris Fuller replied yes. Commissioner Redfearn questioned staff regarding if the Engineering Department has an accurate cost to maintain Vanguard Court? Chris Fuller replied the Engineering Department looked at what the actual real day cost would be for maintaining a fund for the eventual replacement in approximately 20 to 25 years being 800 to 850 linear feet and determined that the cost would be $500 per lot per year. Commissioner Duffy questioned staff regarding what takes precedence, the number of homes or the distance to the cul-de-sac for fire protection? Chris Fuller replied there are thresholds for both. Commissioner Duffy questioned staff regarding the 18 homes are approved without sprinkler systems? Chris Fuller replied that when this development was platted, those homes were approved without sprinkler systems. City of Colleyville Page 3 Printed on 5/30/2007 Planning and Zoning Commission City Council Minutes -Final May 14, 2007 Commissioner Duffy questioned staff regarding what are the fire plug requirements in the development? Commissioner Byerly replied all of that has been approved at the time of final plat approval. Commissioner Duffy questioned staff, for clarity, if this is gated, will there be a liability as far as fire protection response time delay? City Attorney Kallas replied that the City Attorney's office is comfortable with this being a gated community as the Fire Chief has already reviewed and accepted the proposal as presented. Commissioner Phelps questioned staff regarding if the wall shown on the exhibit is a proposed wall or if it is an existing wall? Chris Fuller replied the dark wall on both sides of the streets is the existing wall and the curves in the wall are an extension of the existing perimeter fence. Commissioner Phelps stated being concerned regarding the wall in front of Lot 1, will that create a risk for coming out of the driveway? Chris Fuller replied should City Council approve the gated request, the applicants will be required to come forth with an amended plat which will show Vanguard Court as a lot and designate it as a private lot, maintained and owned by the Homeowners Association. At which point, staff will require, for clarity, a fence easement be put for that lot for the maintenance and ownership of that portion of the subdivision fence. Commissioner Phelps questioned staff regarding how were the calculations made regarding the fee for the maintenance of the street, has it been calculated by using the linear feet of the street divided by the number of homes and was it proportional to the amount of frontage? Chris Fuller replied not knowing if it was proportional to the amount of frontage, but it was calculated by the number of linear feet divided by the number of homes. Commissioner Duffy questioned staff regarding what is meant by this statement from the briefing: Approval of the request would additionally require approval of an amended plat or the approval of the abandonment of the public right-of-way in the development. Chris Fuller replied if the gated request is approved by City Council, then there will be a note on the amending plat stating that Vanguard Court will be a private lot owned and maintained by the Homeowners Association. Commissioner Byerly opened the public hearing at 7:22 p.m. Gene Lukacsy, 7201 Vanguard Court, President of the Homeowners Association, spoke in favor of the request. Keith Kithsiri, 7309 Vanguard Court, spoke in favor of the request. Todd McNitt, 7200 Vanguard Court, spoke in favor of the request. City of Colleyville Page 4 Printed on 5/30/2007 Planning and Zoning Commission City Council Minutes -Final May 14, 2007 There being no one wishing to speak, the public hearing was closed at 7:28 p. m. Commissioner Phelps questioned staff regarding if this development is fully developed? Chris Fuller replied it being very close to being fully developed. Commissioner Phelps stated the minimum is the $75 per lot, but the actual requirement to adequately fund the replacement of the street would be about $500 per lot per year. Mr. Kithsiri stated all of the homeowners are in agreement to that amount. Commissioner Redfearn questioned how much of the traffic is associated with the construction of the lots? Mr. Kithsiri replied there are 18 lots total, 13 of which are completed, three to be completed within the next four months and two lots for sale. Commissioner Redfearn questioned Mr. Kithsiri if most of the concerns would go away once the construction was to be completed? Mr. Kithsiri stated he did not feel the traffic or issues were related to the construction or the workers. Commissioner Taylor questioned if the gates are going to be left open during the day for the potential buyers? Mr. Kithsiri replied those potential buyers would be accommodated. Commissioner Taylor questioned Mr. Kithsiri if the adjacent development, Chanel's Court Addition, will be gated ? Mr. Kithsiri replied not having plans to gate this development at this time but would like to keep the option available. Commissioner Duffy moved to approve case G-07-009 with the requirement that the Homeowners Associations dues be $500 per lot per year for the maintenance fund of the street. Commissioner Taylor seconded. Commissioner Duffy stated he would like to see the $500 per lot per year so that the city would not have to fund the replacement of that street as the city has had to do so in other parts of the city. Commissioner Byerly concurred and thanked the Homeowners Association for being so readily acceptable to the additional fee needed to properly fund the street for the possible replacement. Commissioner Phelps questioned staff regarding how can the $75 be changed in the code to better reflect the actual dollar amount needed to fund the replacement of streets? Chris Fuller acknowledged. City of Colleyville Page 5 Printed on 5/3x2007 Planning and Zoning Commission City Council Minutes -Final May 14, 2007 The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 - Dudziak 10b Approval for a Special Use Permit for a cell tower on Lot 1 R, Block 1 of the Nystel Addition located at 1815 John McCain, Case Z-07-002 Chris Fuller presented the case and briefed the Commission. Commissioner Redfearn questioned staff regarding what is the current zoning for this property? Chris Fuller replied ML-Light Manufacturing. Commissioner Redfearn questioned staff regarding what is the Special Use Permit for on the adjacent property? Chris Fuller replied for indoor only automobile sales. Commissioner Byerly opened the public hearing at 7:40 p.m. Peter Kavanagh, the applicant, came forward to present the request and brief the Commission. Commissioner Redfearn questioned Mr. Kavanagh regarding if there were any other towers that Verizon could use in the area? Mr. Kavanagh replied most were too far out of their pattern area. Commissioner Redfearn questioned how is it known that there is a need for one in this location? Mr. Kavanagh stated their system knows when there are dropped calls, measures the activity or use, and people will report when their phones do not work. Commissioner Phelps questioned if there will be a flag for this tower considered? Mr. Kavanagh replied there has not been one discussed for this location, but if the property owner would like one, they would be accommodated. He stated the flags are maintained by the property owner. Commissioner Dufty questioned if the color of the poles has ever been changed? Mr. Kavanagh replied yes, some are beige, gray or whatever the property owner recommended. Commissioner Duffy questioned if there is sufficient access to the pole and are the utilities currently in place? Mr. Kavanagh replied yes. There being no one wishing to speak, the public hearing was closed at 7:52 p.m. Commissioner Phelps questioned for legal clarification what are the guidelines for recommending approval or denial for requests such as City of Colleyville Page 6 Printed on 5/30/2007 Planning and Zoning Commission City Council Minutes -Final May 14, 2007 this? City Attorney Kailas discussed the Telecommunications Act of 1996 which puts forth some guidelines as well as the compliance with zoning ordinances for cities. Commissioner Phelps moved to approve case Z-07-002. Commissioner Redfearn seconded. Commissioner Redfearn stated the applicant is willing to work with the neighbors regarding the appearance and color of the pole. Commissioner Byerly concurred and stated the citizens are welcome to come to the City Council hearings and request a certain color or any other suggestions for aesthetics reasons. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 - Dudziak 10c Approval of a request by The Dimension Group to amend the zoning and development requirements of the Planned Unit Development of the Starbucks Addition, located at 5520 Colleyville Boulevard, Case Z-07-015 Chris Fuller presented the case and briefed the Commission. Commissioner Redfearn questioned staff regarding the proposed ordinance language being presented tonight has both the rezoning from AG-Agricultural to PUDC-Planned Unit Development Commercial and it also has the language to increase the size of the bank? Chris Fuller replied correct. Commissioner Redfearn questioned staff regarding if those two ordinances should be separated? Chris Fuller replied because this is a PUDC-Planned Unit Development Commercial these are simply different developmental standards which are considered together. Commissioner Phelps questioned staff regarding was the 4,000 square foot a standard, or was that what was required at that time? Chris Fuller replied the original institution that was going to go on this site may have required the 4,000 square feet and the existing tenant requires more square feet than originally proposed. He stated Scott Welmaker, the Economic Development Manager, may be able to clarify. Commissioner Redfearn stated at the time that this came forth initially in 2004, the Commission was not aware of the new alignment for Church Street. Chris Fuller replied in 2004 when this came forth and the City owned the property, the intent was to procure the right of way for State Highway 26 improvements and the realignment of Church Street, not City of Colleyville Page 7 Printed on 5/30/2007 Planning and Zoning Commission City Council Minutes -Final May 14, 2007 necessarily for the development of the property. In 2005, when the potential tenants came, that is when the uses were amended. Commissioner Duffy questioned staff if the tree survey has been submitted and is it being considered here? Chris Fuller replied the applicant has met and will exceed the code regarding the standards. Commissioner Duffy stated this is a heavily wooded area, but it is good that the developer is willing to exceed the code for replacing the trees. Jeremy Hutt, Project Engineer, City of Colleyville, stated the cul-de-sac is intended for fire access only. City Attorney Kallas stated the alignment of Church Street is not before the Commission for discussion regarding this amendment to the zoning. Scott Welmaker, Economic Development Manager, came forward to brief the Commission regarding the development of these properties. Commissioner Phelps questioned staff regarding if the proposed amendment includes all of the property located along Church Street and next to the cul-de-sac? Mr. Welmaker replied correct and this project will clean a lot of the realignment parcels. Commissioner Duffy questioned staff regarding how are the arrows as indicated on the drawings to get in and out onto SH26? Chris Fuller replied the existing Church Street off of SH26 will be a driveway from this property, it will serve both developments. Commissioner Redfearn questioned staff if this PUD development extends south? Chris Fuller replied that being the portion that had been incorporated into the entirety of the ordinance and it is Lot 2, Block 1 of the Starbucks Addition. Lot 1, Block 1 of the Starbucks Addition is what is being presented tonight and the amendment does not apply to that Lot 2. Commissioner Byerly opened the public hearing at 8:16 p.m. Harry Chapman, representing N3 Capital, the property owner, came forward to brief the Commission. Kevin Patel, Engineer for N3 Capital, came forward to brief the Commission. Commissioner Taylor questioned Mr. Chapman if any other retail generating business had been considered for this property? Mr. Chapman stated they have tenant relationships with a lot of commercial entities, however, this bank has been trying to get into this market and City of Colleyville pays g Printed on 5/30/2007 Planning and Zoning Commission City Council Minutes -Final May 14, 2007 has been pursuing us for this property. City Attorney Kallas stated the use of the bank has already been approved and the original PUD is not being considered. The only consideration that is relevant to the Commission's consideration should be the use of the expanded portion. This has not been noticed to consider the original PUD as a public hearing and if the comments and discussion could be focused more on the use of the expanded part would be covered on the record. Mr. Chapman stated he appreciated the comments and if they could have gotten another tax generating business for this property, they would have done so already. Commissioner Redfearn questioned Mr. Patel regarding what is included in the property, parking and landscaping? Mr. Patel and Mr. Chapman used the drawings to show the Commission what is included in the project. Commissioner Phelps questioned Mr. Chapman if both properties are owned by N3 Capital? Mr. Chapman replied no, they no longer own the lot for Starbucks. Commissioner Phelps stated having concerns for the design of the shared exit or entrance between Starbucks and the bank exit, looks very narrow. He stated Starbucks has a lot of morning traffic. Mr. Chapman stated this design for this entrance and it's location and the traffic pattern is what has been worked out with engineering and it was their opinion, city engineering, and he stated being willing to work with what had been suggested. He stated N3 Capital is paying for the portion in front of Starbucks for the new Church Street realignment. He stated once this realignment is completed, there will be a better traffic flow for the new bank and Starbucks. There being no one wishing to speak, the public hearing was closed at 8:30 p. m. Commissioner Byerly moved to approve case Z-07-015. Commissioner Knox seconded. Commissioner Byerly stated this is to increase the size of the property for an existing use and creating a use for a piece of property that would not have a use otherwise. Commissioner Taylor stated she disagreed and stated there could be other uses for this property other than a non-revenue generating business. Commissioner Phelps questioned Mr. Chapman regarding why the 4,700 City of Colleyville pays g Printed on 5/30/2007 Planning and Zoning Commission City Council Minutes -Final May 14, 2007 square feet versus the 4,000 square feet? Mr. Chapman replied that being a request by Wells Fargo for their square footage requirement. Commissioner Redfearn questioned staff regarding if the parking spaces are met for this use? Chris Fuller replied the site plan requirements are met for the parking requirements. Commissioner Redfearn questioned staff if the language in the ordinance addresses the masonry screening wall, is that something new? Chris Fuller replied that being in the ordinance approved in 2004 and in 2005 it was revised for a live plant screening wall because of the realignment of Church Street. The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Phelps, Byerly Nay: 2 -Taylor, Duffy Absent: 1 - Dudziak 11. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 12. COMMISSIONERS' COMMENTS AND REPORTS Commissioner Taylor stated this Commission is the Planning and Zonig Commission and planning needs to be considered when these new businesses are being put on the streets. 13. ADJOURNMENT The meeting adourned at 8:36 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, May 10, 2007. Amy Shelley, Planning and Zoning Assistant Meeting minutes approved on May 29, 2007. City of Colleyville Page 10 Printed on 5/30/2007 RESOLUTION R-07-2844 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JUNE 5, 2007 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 BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor