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Home My WebLink AboutCity Council-Agenda Packets-8/7/2007~,, ~„ ,; :., City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, August 7, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION CALL TO ORDER -ROLL CALL 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the grant submittal to the Regional Transportation Council for Intersection and Railroad Quiet Zone Improvements PC-2 Discussion and update of new refuse contract information work plan PC-3 Update on the Grapevine-Colleyville Youth Football Association PC-4 Discussion of the proposed Interlocal Agreement with the City of Euless for Roadway Improvements to Heritage Avenue PC-5 Discussion of the August 7, 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 litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager City of Colleyville Page 1 Printed on 8/3/2007 City Council Agenda August 7, 2007 Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Attorney 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 CALL TO ORDER -ROLL CALL 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Dale Smith, Colleyville Presbyterian 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-07-2862 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation City of Colleyville - 2007 xSIGHTMAN Run Sponsor Award -Colleyville Lions Club 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2863 4a Approval of minutes of the regular City Council meeting of July 17, 2007 4b Approval of a construction contract with McClendon Construction, for the Church Street Realignment Project, in the amount of $815,791.35, and authorize the City Manager to execute the contract 4c Approval of an Interlocal Agreement with Tarrant County for the Bogart Drive Improvements, and authorize the City Manager to execute the agreement 4d Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2007 City of Colleyville Page 2 Printed on 8/3/2007 City Council Agenda August 7, 2007 4e Approval of a local historical marker entitled "McPherson Dairy" to be placed at McPherson Park 4f Approval of a contract for the Log Barn Preservation at McPherson Park, in an amount not to exceed $115,500, and authorize the City Manager to execute the contract 4g Approval and adoption of the 2007 certified tax roll 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-07-1627 Approval of a zoning change from CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 20.5 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1 of the Reed Addition, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case Z-07-018 5b 0-07-1628 Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial property on Lot 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7970 Precinct Line Road, Case Z-07-023 5c 0-07-1629 Approval of replacing Ordinance 0-05-1539 for the establishment of school zones within the City of Colleyville 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-07-2864 Approval of changing the dates of regular City Council meetings in November 2007, January 2008 and March 2008 6b R-07-2865 Approval to designate city-owned vehicles eligible for Exempt and Regular license plate registrations, and authorize the City Manager or his designee, to apply for and execute, all administrative paperwork related to the registration of license plates for all city-owned vehicles 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Sign Board of Appeals Minutes -June 12, 2007 Zoning Board of Adjustments Minutes -June 12, 2007 Senior Advisory Committee Minutes -June 21, 2007 Planning and Zoning Commission Minutes -July 9, 2007 City of Colleyville Page 3 Printed on 8/3/2007 City Council Agenda August 7, 2007 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF AUGUST 7, 2007- Reading and Public Hearing -Resolution R-07-2866 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, August 3, 2007, by 5:00 .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. 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 4 Printed on 8/3/2007 ~ i~1 4.~. ~C~ii~~ ~ '.,. .~" ~f ,,.; , City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Engineering Department Agenda Date: 08/07/2007 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Discussion of the grant submittal to the Regional Transportation Council for Intersection and Railroad Quiet Zone Improvements Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 08/07/2007 City Council Title Discussion of the grant submittal to the Regional Transportation Council for Intersection and Railroad Quiet Zone Improvements Explanation Staff responded to a call for projects by the North Central Texas Council of Governments (NCTCOG) in conjunction with the 2007 Regional Transportation Council (RTC) Comprehensive Development Agreement/Regional Toll Revenue Funding Initiative. An application for grant funding for several candidate roadway improvements in the City was submitted under this initiative, which provides funding to program air quality, transit, highway, and arterial projects. The City of Colleyville's grant submittal recognizes needed east-west arterial improvements throughout the community in the form of street intersection and associated two lane roadway enhancements. Project funding will be considered by the RTC for various locations along Cheek Sparger Road, Glade Road, John McCain Road, and McDonwell School Road. In addition, staff has expanded the application to include funding for the construction of quad-gates at all crossing locations along the Cottonbelt Rail. Construction of the quad-gates will permit the rail line throughout the City to be designated as a Quiet Zone. The firm of Freese & Nichols, Inc., prepared the grant application on behalf of the City and met with representatives of NCTCOG in order to receive guidance regarding which types of intersections and road segments would potentially score higher during the evaluation phase. Accordingly, the application included requests for funding intersection improvements on John McCain Road and McDonwell School Road. Street segments being considered include Cheek Sparger Road, from SH26 to Brown Trail and Cheek Sparger Road, from Jackson Road to Heritage Avenue. The intersection of Glade Road and Pool Road includes the extension of street construction east to Martin Parkway. City of Colleyville Page 1 Printed on 8/3/2007 Agenda Briefing Continued Should any intersection or roadway segment in the application be approved, the RTC funding will support 80% of the cost of the project and the City will be responsible for 20% of the total project expenditures. Funds obtained from Tarrant County, as the result of the 2006 Transportation Bond Program, may be applied to the City's financial obligation, when applicable. City of Colleyville Page 2 Printed on 8/3/2007 100 Main Street ~ ~» City of Colleyville Colleyville, Texas 76034 w~'~~- ' (817) 503-1000 Agenda Briefing www•colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 08/07/2007 Status: Pre Council Controlling Body: City Council Requester: Budget and Agenda No.: PC-2 Final Action: Administrative Services File Name: Discussion and update of new refuse contract information work plan Attachments: Public Education Plan.pdf IESI Letter -August 1, 2007.pdf History of Legislative File Version: Date: Acting Body: Action Text: 08/07/2007 City Council Title Discussion and update of new refuse contract information work plan Explanation On May 15, 2007, City Council approved a contract extension with IESI for the collection of refuse and recycling materials (Ordinance 0-07-1618). In order to minimize the rate impact to residents, the collection service includes unlimited yard waste bags per pick up, up to four bundles of brush or fencing per pick up, four times per year bulky item pick up (up to four cubic yards) and once per week recycling. The previous contract allowed residents to dispose of unlimited bulky item waste and unlimited brush and fencing bundles per pick up. In order to effectively communicate these service enhancements, staff has created a public education plan. The purpose of the Public Education Plan is to take a proactive approach to inform and educate the public about the new services. The original contract extension would implement a four day pick up schedule for Colleyville residents (Monday/Thursday and Tuesday/Friday) based on geographic area. However, IESI has requested to maintain the current Monday/Thursday pick up schedule for all residents. The City Attorney has stated that in lieu of amending Ordinance 0-07-1618, a signed letter from IESI requesting a continuation of the current Monday/Thursday pick up schedule is acceptable. Additionally, the letter must further state that a minimum six month notice will be given prior to any future scheduling change. Attached is the letter from IESI requesting a continuation of the current Monday/Thursday schedule. City of Colleyville Page 1 Printed on 8/3/2007 New Refuse Contract Public Education Plan Purpose of the Public Education Plan The new IESI refuse contract includes aspects that will have an impact on the people of Colleyville. The public education plan is designed as a proactive approach to inform and educate the public about the new project. New Contract Parameters ' Four large-item pick-ups per year (up to 4 cubic yards) ' Special circumstances -renovation debris, etc. ' Rate ' Unlimited yard waste bags per pick-up ' Up to four bundles of brush or fencing per pick-up Transition Period The city has identified September 3 -October 5 as a transition period for residents to learn about and comply with the parameters of the new contract. Rather than have all aspects of the new contract be effective on a single start date, the transition period provides additional time for resident and business compliance without any punitive measures or additional charges to the customer. All collateral and promotional materials will outline the contract parameters and provide a perspective for citizens (i.e. new rate in comparison to rates in other cities). Courtesy Minders Courtesy minders, in the form of a simple collateral piece that can be affixed to a trash container or to the front door, will be provided to residents during the transition period. For example, if during the transition period, a large item pick-up may receive a courtesy minder that would inform residents of the parameters of the new contract that could affect their large item pick-ups in the future. New Refuse Contract Public Education Plan Page 2 Door Hangers Door hangers outlining the parameters of the new contact will be delivered to residences starting September 3. News Releases A news release providing information about the new contract, aspects of the public education campaign, and dates for two town hall meetings will be issued the week of August 13 and sent to all local media outlets. Additional releases will be sent as needed. Colleyville.com Information about the new contract, including an FAQ section, will be posted on the front page of the city's website starting August 13 through the middle of October. From the middle of October through December, this section will be identified and accessible from the main navigation bar on the front page of the city's website. City Cable Channel 16 A notice about the effective date of the contract and pertinent bullet points about the refuse contract will be posted to the city's cable channel on August 13. For full details, citizens will be directed to the city's website, bill insert, or city office. Advertising -Fort Worth Star-Telegram and Colleyville Courier Appropriate advertising will be placed in local print publications (Fort Worth Star-Telegram and Colleyville Courier) in the two weeks prior to the start of the contract, excluding the Labor Day weekend. Staff is considering rates for Sunday or Monday insertions in the Fort Worth Star- Telegram. IESI has agreed to pick up the cost of one placement. If necessary, an additional advertisement may be placed during the first week of the contract. Town Hall Meetings Staff will conduct two Town Hall meetings about the contract to provide citizen information and participation in the project. Dates for the meetings are: Thursday, August 23 at 6:00 p.m. and Thursday, August 30 at 6:00 p.m. Both meetings will be held on the second floor of the Library. Bill Insert Information will be provided in the August bill insert, which drops in mid- and late August. An additional "brief' will be included in the September bill insert. New Refuse Contract Public Education Plan Page 2 HOA Mailing The city will provide information to all Colleyville HOAs in a format that can be emailed to the membership or included in HOA newsletters. Schedule August 13 News Release Colleyville. com City Cable August 15 First August Bill Insert Drops HOA Mailing August 19 or 20 Fort Worth Star-Telegram ad insertion August 23 First Town Hall Meeting (Library second floor at 6:00 p.m.) August 26 or 27 Fort Worth Star-Telegram ad insertion August 30 Second Town Hall Meeting (Library second floor at 6:00 p.m.) August 30 Second August Bill Insert Drops September 3 Transition Period Begins • Door Hangers • Courtesy Minders October 5 Transition Period Ends IESI TX Corporation August 1, 2007 Mr Bill Lindley City of'Colleyville 100 Main Street Colleyville, Iexas 76034 Re: Residential Collection Days Dear Mr Lindley: IESI has evaluated our current residential operation and recommends continuing the Monday/'Ihursday collection schedule. Ihis will assist in minimizing any confusion as we roll out the new services and allow us to focus more time educating the community with the various changes.. IESI agrees to notify the City of'Colleyville 90 days prior to any collection day change and will provide map detailing the specifics of any such request. If you need any additional information, please contact me at (817) 875-1445 We truly value and appreciate your business.. Sincerely, ~-• Bob Kneis District Manager 4001 Old Denton Rd, Fort Worth, Texas 76117 (817) 547-9014 f ~.J .. R, ~ ~ ~~ ry ,. . ti ~ • • • f„~~ O r^ V r^ V ' ~ O /~ ` V CD I Q o ~ N ~. n ~ CD ~ ~ Cfl ~ Q ~ ~ ~ ~ pp I ~ ° ~ ~ O ~ < ~ ~ ~ D ~ ~ ~ o ~ ~ o ~ ~- v ~ - ~ o ~ ~ ~ sv G7 n ~ =S~ N N ~ ~ ~~ (7 O' r t~ c~ m .~ • • V T\ D ~' Q o ~ ~ ~ ~? ~ O -1-~ D O ~ ~ ~' ~ o G7 C7 C7 ~ o ~ c~ D ~ • ~, __ ~ ~ 0 J W n 0 m ~D O C 'n O O [ .:' s' . __~ -:;~; , • I I ' I O ~ I ~ O O ~ O (`' ~ ~ ~ ~^ O ^ .~ N O O C31 n 0 ~D O 7'1 O O ~ ~ Q e--f VJ ~ ~^ VJ Q Q 3 0 ~ ~ ~, ~' ~ T ~" ~ _ ~ (~ ~. ~ ~ n ~ e-~f 0 ~ 0 ('p _~ ~. ~_ J C ^~. 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O O ^ V ' I Y ^ I ~\ \ ~ ~' V' V ~ (~ /~~ ^ n, O ~ O ~ ^ \ n' ~ =f ^ `, ~' ~ \V ii/ /~f ~ ~ ^\ ~jJ ~ VVV /// m \V f~~ • ~ O O ~ S ~ / ~ `{J C _ • ~~ ~ O ~ F ~~ ~// ~" n 0 ~D K ~D O 1'I O O fi xR ~~.. ~, ~.L:iy~J ~ /',Y ~ ~ F ~4 _ .4 ~~~ ~.~~~ :-~ 3~ ~ ~ ~ ~. ~;a,t ~ ~~ .~ ~ `` ;r ,4... .. r~. r. t }~ to or ,z ~`°~~- ~' Cit of Colle V~~~@ 100 Main Street ~~~ y~, > y Y Colleyville, Texas 76034 (817) 503-1000 ~~'~~ Agenda Briefing www•colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 08/07/2007 Status: Pre Council Controlling Body: City Council Requester: Office of the City Agenda No.: PC-3 Final Action: Manager File Name: Update on the Grapevine-Colleyville Youth Football Association Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 08/07/2007 City Council Title Update on the Grapevine-Colleyville Youth Football Association Explanation This item is provided to update City Council on significant changes and events relevent to the Grapevine-Colleyville Youth Football Association (GCYFA). Earlier this summer, Grapevine Youth Football and Cheerleading Association and the Colleyville Youth Football Association consolidated to create the Grapevine-Colleyville Youth Football Association (GCYFA). This consolidation provides more opportunity for area youth to be involved. This year, GCYFA home games will be played at Grapevine Middle School, Cross Timbers Middle School, and the junior varsity field at Colleyville Heritage High School. In the past, the youth football program had utilized GCISD football facilities at Colleyville Middle School (CMS). Facilities included the use of a game field and one practice field. Due to construction at CMS, those facilities will be unavailable. The Grapevine-Colleyville Youth Football Association (GCYFA) held the 2007 "Camp of Champions" at Cross Timbers Middle School from June 19 - 23. Designed for children ages 5-12, the camp focused on non-contact football development skills from speed and dexterity to agility and strategy. The enrollment for this year's camp was 221 for football and 67 for cheerleading. GCYFA will begin its season on September 8, 2007. City of Colleyville Page 1 Printed on 8/1/2007 ~.r Clt of Colle V~~~e ColleyvOille,Texas76034 e~~~m~ y y (817) 503-1000 ~~~~ Agenda Briefing www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Engineering Department Agenda Date: 08/07/2007 Agenda No.: PC-4 Controlling Body: City Council Final Action: File Name: Discussion of the proposed Interlocal Agreement with the City of Euless for Roadway Improvements to Heritage Avenue Attachments: City of Euless Interlocal Agreement History of Legislative File Version: Date: Acting Body: Action Text: 1 08/07/2007 City Council Title Discussion of the proposed Interlocal Agreement with the City of Euless for Roadway Improvements to Heritage Avenue Explanation Staff engaged the services of Freese and Nichols, Inc. to perform a Traffic Impact Analysis (TIA) to evaluate the impact on Heritage Avenue by a proposed development plan in Colleyville, as well as the adjacent Glade Parks development in Euless. The results of the study included the following: 1. Heritage Avenue should remain on the Master Thoroughfare Plan as a four lane undivided minor arterial. With continued growth in the area and regional significance of Heritage Avenue, the roadway will warrant a four lane cross section in the future. 2. Heritage Avenue should be improved as a two lane concrete roadway to serve the proposed developments in Colleyville and Euless on either side of the floodplain. 3. A three lane northbound street approach on Heritage Avenue should be constructed at the intersection of Glade Road to accommodate a dedicated left turn lane, through lane and dedicated right turn lane. 4. Development adjacent and south of Glade Road should be permitted access only onto Heritage Avenue, in order to maintain roadway capacity on Glade Road. Additionally, Freese and Nichols, Inc. performed an evaluation of the condition of the existing bridge structure on Heritage Avenue, which spans Little Bear Creek north of Cheek Sparger Road. The purpose of the evaluation was to determine the adequacy of the bridge under existing conditions and future increases in traffic movement as the result of surrounding development. The results of the assessment included the following: 1. The structure consists of two steel railroad car beds that have been connected City of Colleyville Page 1 Printed on 8/3/2007 Agenda Briefing Continued together with additional steel framing to make a two lane bridge that is twenty four feet in width. 2. The bridge has a steel deck that spans the entire length of the structure and is covered by a six inch thick concrete surface. The surface is supported by additional steel beams that are situated at very close spacing. 3. The bridge deck is structurally capable of handling current and future traffic loading as development in the area increases. In accordance with the results of the two studies performed for Heritage Avenue, staff determined that the existing roadway should remain on the Master Thoroughfare Plan and be maintained as a viable north-south access to address current and future traffic needs in this region. During this review process, staff also discussed with the City of Euless the development of an Interlocal Agreement that would provide for construction of a portion of Heritage Avenue south of Glade Road. The new street would be constructed entirely within an existing 50 foot dedicated right-of-way of Heritage Avenue within the City of Colleyville, and is intended to provide access to the Glade Park development in Euless at three locations and future development of properties in Colleyville. The City will require additional right-of-way for future development adjacent to Heritage Avenue through platting for a total width of 80 feet. The Agreement includes the following components: 1. Euless will provide financing of all improvements performed on Heritage Avenue as outlined in the Agreement. 2. Euless will provide engineering plans and specifications for the Heritage Avenue improvements, which must be approved by Colleyville. 3. Proposed construction of Heritage Avenue will consist of a 31 foot wide concrete street that will be placed within the existing 50 foot right-of-way in Colleyville and necessary intersection improvements at Glade Road. 4. The construction of Heritage Avenue will extend approximately 1,700 feet south of the existing concrete pavement at Glade Road (adjacent to the Super Target in the Heritage Town Crossing Center). 5. A 12 foot wide concrete sidewalk will be constructed adjacent and east of the proposed street improvements. 6. The proposed Heritage Avenue will include the construction of three intersections to accommodate the Glade Park Development in Euless. 7. All construction will be performed in accordance with the Colleyville Land Development Code and will include performance, payment and maintenance bonds in the full amount of the contract cost issued to Colleyville. 8. The proposed 12 foot wide sidewalk will remain the maintenance responsibility of Euless and Colleyville will be responsible for maintenance of the street. At this time, the draft Interlocal Agreement is being reviewed by the City Attorney of each party, respectively. In a subsequent Council meeting, staff will submit the Interlocal Agreement for consideration of approval. City of Colleyville Page 2 Printed on 8/3/2007 c;li u~ '~ `~ City of Colleyville 100 Main Street (~ Colleyville, Texas 76034 ~ '~ (817) 503-1000 ,s.,:;~ Agenda Briefing www•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 08/07/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-5 Final Action: Secretary File Name: Discussion of the August 7, 2007 City Council regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 08/07/2007 City Council Title Discussion of the August 7, 2007 City Council regular agenda items City of Colleyville Page 1 Printed on 8/2/2007 ,~, ,,, . ,~ ~,~~`~ ;. City of Colleyville 100 Main Street Colleyville, Texas 76034 (817) 503-1000 -- Agenda Briefing www•colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 08/07/2007 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -August 7, 2007 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 08/07/2007 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 litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal - Discussion of pending litigation - Texas Propane Gas Association, and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel -Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.074 - Personnel -Deliberate the assignment, duties, performance and evaluation of the City Attorney 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 7/26/2007 RESOLUTION R-07-2862 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF AUGUST 7, 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 ~~~,,, 100 Main Street ~ ~ ' ;~ City of Colleyville Coll ($ i~) 03X1000 034 '°"" Agenda Briefing vwv~,.colleyville.com File Number: Version: 1 Agenda Date: 08/07/2007 Requester: Office of the City Agenda No.: 3 File Type: Presentation or Proclamation Secretary File Name: Presentations and Proclamations -August 7, 2007 Attachments: History of Legislative File Status: Presentations or Proclamations Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 08/07/2007 City Council Title Presentation City of Colleyville - 2007 xSIGHTMAN Run Sponsor Award -Colleyville Lions Club City of Colleyville Page 1 Printed on 8/3/2007 RESOLUTION R-07-2863 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF AUGUST 7, 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 July 17, 2007 b. Approval of a construction contract with McClendon Construction, for the Church Street Realignment Project, in the amount of $815,791.35, and authorize the City Manager to execute the contract c. Approval of an Interlocal Agreement with Tarrant County for the Bogart Drive Improvements, and authorize the City Manager to execute the agreement d. Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2007 e. Approval of a local historical marker entitled "McPherson Dairy" to be placed at McPherson Park f. Approval of a contract for the Log Barn Preservation at McPherson Park, in an amount not to exceed $115,500, and authorize the City Manager to execute the contract g. Approval and adoption of the 2007 certified tax roll 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 ~~~`~~~ City of Colleyville '~ City Council Minutes -Draft ~,~.,- City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyvil le.com Tuesday, July 17, 2007 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly at 5:34 p.m. on July 17, 2007. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Police Chief Tommy Ingram, 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, Management Assistant Matt McCombs, 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 selecting tentative dates to meet with the GCISD Board of Trustees, Colleyville Area Chamber of Commerce, Parks and Recreation Advisory Board and the Planning and Zoning Commission The City Council determined a meeting with the Planning and Zoning Commission will be scheduled October 11, 2007, Mayor Kelly will contact the Grapevine-Colleyville Independent School District Board President regarding the Board's desire for a meeting with the City Council and meetings will not be scheduled at this time with the Colleyville Area Chamber of Commerce or the Parks and Recreation Advisory Board. PC-2 Update of the status of construction projects, associated rain days and discussion on water conservation Public Works Director Steve Chutchian provided an update of the construction projects and water conservation program and answered questions of the City Council. Parks and Recreation Director Monica Walsh provided an update of the McPherson Park Construction Project. City Manager Bill Lindley stated staff will conduct tours of the construction sites at the request of City Council. City of Colleyville Page 1 Printed on 8/1/2007 City Council City Council Minutes -Draft July 17, 2007 There was general discussion regarding the requirements for and enforcement of rain and freeze sensors on water sprinkler systems. PC-3 Update of the status of the SH26 Reconstruction Project Public Works Director Steve Chutchian provided an update of the SH26 Reconstruction Project and the joint meeting schedule of TXDOT officials, Tarrant County representatives, utility company representatives and area city representatives. There was general discussion regarding the timeline of the construction project and right-of-way acquisition, the hardscape and softscape elements and cost of the project. PC-4 Presentation of the Monthly Financial Report -June 2007 Finance Director Terry Leake provided an overview of the June Monthly Financial Report. PC-5 Presentation of the Quarterly Budget Update Budget and Administrative Services Manager Stephen Seidel presented the Quarterly Budget update. PC-6 Discussion and nomination of the Regional Transportation Council (RTC) representative Budget and Administrative Services Manager Stephen Seidel provided an overview of the Regional Transportation Council (RTC) and stated the cities of Hurst, Euless, Trophy Club and Grapevine endorsed City of Hurst Councilmember Bill McLendon as the RTC representative. It was determined that a letter would be sent in support of Councilmember Bill McLendon as the RTC representative. PC-7 Discussion of the July 17, 2007, City Council regular agenda items There was general discussion regarding the City Council Rules of Procedure and Robert's Rules of Order and City Attorney Matthew Boyle recommended the deletion of Section 2.10 Rules of Order of the City Council Rules of Procedure. There being no further business, Mayor Kelly adjourned the meeting at 6:49 p.m. City of Colleyville Page 2 Printed on 8/1/2007 City Council City Council Minutes -Draft July 17, 2007 The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on July 17, 2007, at 6:49 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Community Development Director Chris Fuller, Interim Human Resource Manager Elise Welborn, Budget and Administrative Services Manager Stephen Seidel, Management Assistant Matt McCombs, 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. 551.071 -Legal -Discussion of pending litigation -Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071- Legal -Discussion of pending litigation -Texas Propane Gas Association, and Henderson Butane, L.P., d/b/a/ Henderson Oil & Butane v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Attorney 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, Section 551.74, Personnel, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this City of Colleyville Page 3 Printed on 8/1/2007 City Council City Council Minutes -Draft July 17, 2007 time. The meeting was recessed at 6:50 p.m. and reconvened at 7:51 p.m. Mayor Kelly announced, due to technical difficulties, the audio system was not working. INVOCATION: Rabbi Charlie Cytron-Walker, Congregation Beth Israel 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-07-2856 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly invited citizens to attend the Summer Concert Series on Thursday, July 19, 2007, 6:00 to 10:00 p.m. at Market Street. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2857 4a Approval of the minutes of the regular City Council meeting of July 10, 2007 4b Approval of a construction contract with C. Green Scaping, LP, for the 2007 Sidewalk Improvements, in the amount of $34,855.00, and authorize the City Manager to execute the contract 4c Approval of bid award for health insurance to United Health Care and dental insurance to Ameritas Mayor Kelly read Resolution R-07-2857 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 Hendler commended staff for negotiating rates and services to provide the best benefits. Mayor Pro Tem Ayers moved to approve Resolution R-07-2857. City of Colleyville Page 4 Printed on 8/2/2007 City Council City Council Minutes -Draft July 17, 2007 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 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1625 Approval of a Special Use Permit for a carport on Lot 8, Block 5 of the Woodbriar Estates West Addition located at 3717 Brentwood Court, Case Z-07-017 Mayor Kelly read the caption of Ordinance 0-07-1625. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Ordinance 0-07-1625. 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 5b 0-07-1626 Approval of a request for a zoning change from R20-Single Family Residential to R40-Single Family Residential on 1.86 acres out of the O.C. Strum Survey located at 5904 Bransford Road, Case Z-07-021 Mayor Kelly read the caption of Ordinance 0-07-1626. 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 Licata moved to approve Ordinance 0-07-1626. Councilmember Hart seconded the motion. City of Colleyville Page 5 Printed on 8/1/2007 City Council City Council Minutes -Draft July 17, 2007 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-07-2858 Approval of a Refund of the perimeter street fees for Lot 2, Block A of the Hampton Addition located at 2301 Glade Road, G-07-012 Mayor Kelly read Resolution R-07-2858 in its entirety. Community Development Director Chris Fuller provided an overview of the request for a refund of perimeter street improvement fees, the City Council's options and stated staff recommends denial of the request. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the process for advising the applicant of the perimeter street improvement fees. Mayor Kelly moved to deny Resolution R-07-2858. 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 6b R-07-2859 Approval to amend and replace Resolution R-06-2721, adopting Rules of Procedure for Council meetings pursuant to the authority granted in Section 3.096 of the City Charter and establishing an effective date Mayor Kelly read Resolution R-07-2859 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. . City of Colleyville Page 6 Printed on 8/1/2007 City Council City Council Minutes -Draft July 17, 2007 Councilmember Taylor moved to approve Resolution R-07-2859 with the following amendment: "Our City Attorney has advised us that Section 2.10 of the Council Rules of Procedure, referring to Robert's Rules of Order governing the Council meetings, may produce unintended consequences if the City were sued for a procedural mistake where Council Rules of Procedure are in conflict with Robert's Rules. Our Home Rule powers grant us the ability to establish procedures for conducting the business of the people in the most orderly and efficient manner possible. The core of Robert's Rules of Order is protecting the right of the minority to be heard while the majority conducts their business. Our Council Rules of Procedure adopted each year provides the same protection in a more concise, understandable and efficient manner than does Robert's Rules of Order. It allows the minority more powers in so much as the Council Rules of Procedure recognize that this is a governing body whose powers are derived from the consent of the governed. Therefore, I concur with the advice of the counsel and move to delete Section 2.10 in its entirety and renumber Section 2.11 to 2.10 and Section 2.12 to 2.11." Mayor Pro Tem Ayers 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 6c R-07-2860 Approval to suspend the proposal by Atmos Energy Corporation, Mid-Tex Division to implement interim Gas Reliability Infrastructure Program rate adjustments Mayor Kelly read Resolution R-07-2860 in its entirety. Budget and Administrative Services Manager Stephen Seidel provided an overview of the proposed resolution. Mayor Kelly opened the public hearing. Ms. Mary Jean Maloney, Atmos Energy Corporation representative, 800 East Border Street, Arlington, Texas, provided information regarding the proposed rate adjustment. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Hart moved to deny Resolution R-07-2860. The motion failed due to lack of a second. City of Colleyville Page 7 Printed on 8/1/2007 City Council City Council Minutes -Draft July 17, 2007 City Manager Bill Lindley stated the recommendation to deny is to provide time for staff and consultants to review and analyze the Atmos Energy Corporation's proposed rate adjustments. City Attorney Matthew stated, "The recommendation to suspend this rate case represents an important component to the City's exercise of its right to serve as the original ratemaking authority for gas rates. The City's status as the original ratemaking jurisdiction is important and should be protected. The utility consistently asks the City to deny these cases when doing so would effectively waive the City's ratemaking rights. In order to properly exercise its ratemaking authority, the City should take the time to gather the necessary information to make a prudent decision, and coordinating with the group will help it do so. Suspending this rate case will allow for just that." Councilmember Taylor moved to approve Resolution R-07-2860. Mayor Pro Tem Ayers 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. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 8. REPORTS: Senior Center Advisory Committee Minutes -May 17, 2007 Planning and Zoning Commission Minutes -June 11, 2007 Planning and Zoning Commission Minutes -June 25, 2007 There was no action taken on this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 17, 2007 - Reading and Public Hearing -Resolution R-07-2861 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. City of Colleyville Page 8 Printed on 8/1/2007 City Council City Council Minutes -Draft July 17, 2007 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 Mayor Kelly adjourned the meeting at 8:19 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 9 Prinfed on 8/1/2007 y.viy, f.~. 100 Main Street !` f: "~ < City of Colleyville Colleyville, Texas 76034 ~~ ~ '~£? (817) 503-1000 www.colle ille.com Agenda Briefing ~ File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Engineering Department Agenda Date: 08/07/2007 Agenda No.: 4b Controlling Body: City Council Final Action: File Name: Approval of a construction contract with McClendon Construction, for the Church Street Realignment Project, in the amount of $815,791.35, and authorize the City Manager to execute the contract Attachments: Church Street Bid Tab History of Legislative File Version: Date: Acting Body: Action Text: 1 08/07/2007 City Council Title Approval of a construction contract with McClendon Construction, for the Church Street Realignment Project, in the amount of $815,791.35, and authorize the City Manager to execute the contract Explanation Reading Public Hearing The City Master Thoroughfare Plan provides for the improvement of Church Street from SH26 to Pleasant Run Road. The planned improvements require a realignment of this section of Church Street to align with the existing section on the east side of SH26, which was constructed in 2003 as part of the Town Center development. This realignment will provide for a safer intersection at SH26 and better traffic flow in this area. Improvements include paving, drainage structures, water and sanitary sewer lines and a 10 foot wide trail. The new road will be a four lane concrete street at SH26 and transition to two lanes at approximately the mid-point of the project. When N3 Capital developed the Starbucks site, the City agreed to allow the improvements to Church Street in lieu of the perimeter street fee escrow. It was agreed that these improvements would coincide with the City's portion of the project. N3 Capital is scheduled to construct the intersection of Church Street and SH26 and extend the new concrete pavement to approximately the west property line of Starbucks. The City's contract with McClendon Construction will begin at this point and extend to the west. The western half of the project will consist of rehabilitation of the existing asphalt pavement. When the right-of-way is acquired at the southeast corner of Pleasant Run Road and Church Street, in the future, a subsequent project will be bid to widen this portion of the street. City of Colleyville Page 1 Printed on 8/1/2007 Agenda Briefing Continued Staff received and opened construction bids on July 25, 2007 for the Church Street Realignment Project. Three bids were received, with McClendon Construction having the low bid of $741,628.50. Staff recommends a contingency of 10% for a total project cost of $815,791.35. While McClendon Construction has not worked in Colleyville recently, they have successfully completed several projects locally. Staff has also received positive recommendations from references. Financial Impact It has been determined that funding is available from the sale of property to N3 Capital and Roadway Impact Fees. Recommendation Approval City of Colleyville Page 2 Prinfed on 8/1/2007 BID TAB Owner: City of Colleyville Engineer: Baird, Hampton & Brown, Inc. Project: Church Street Realignment Bid Date: July 25, 2007 No. Bidder Bid Amount 1 McClendon Construction $741,628.50 2 Reliable Paving $772,558.50 3 Stabile & Winn $833,062.70 f,, :.::~...,; + ; City of Colleyville 100 Main Street 76034 C ll ill T ~ : ~ exas o eyv e, (817) 503-1000 '~~~~` Agenda Briefing www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 08/07/2007 Controlling Body: City Council Requester: Engineering Agenda No.: 4c Final Action: Department File Name: Approval of an Interlocal Agreement with Tarrant County for the Bogart Drive Improvements, and authorize the City Manager to execute the agreement Attachments: Bond Program Spreadsheet Tarrant County Interlocal Agreement History of Legislative File Version: Date: Acting Body: Action Text: 1 08/07/2007 City Council Title Approval of an Interlocal Agreement with Tarrant County for the Bogart Drive Improvements, and authorize the City Manager to execute the agreement Explanation Reading and Public Hearing The Tarrant County Commissioners Court established a bond election date of May 13, 2006 for consideration of a transportation bond program and four propositions related to improvements to County facilities. The Court allocated transportation bond program dollars to the following categories: Local arterial projects: $100 million On-system TxDOT projects: $ 40 million Transit-related road improvements: $ 20 million Commissioner discretionary projects: $ 40 million Voters approved the Tarrant County transportation bond program, which resulted in forty four local arterial projects and seventeen on-system projects being funded for design and construction. Three intersection improvements and one street widening within the City of Colleyville were included in the list of approved local arterial projects. The City is obligated to share in the total cost of each project. The attached spreadsheet indicates the approved list of improvements for the City of Colleyville, along with the County's funding level and date that funds will be available for each project. Design and right-of-way acquisition is currently underway for the widening of Bogart Drive, from a two lane asphalt roadway to a three lane concrete street. The design also includes City of Colleyville Page 1 Printed on 8/1/2007 Agenda Briefing Continued additional elements such as a roundabout at the intersection of Hall-Johnson Road and Bogart Drive, landscaping, and sidewalks improvements. Due to the scheduled street realignment and widening of Church Street, which will occur predominantly in Fall 2007 and Winter 2008, staff has determined that construction of Bogart Drive should be initiated in Spring 2008. This will allow for substantial completion of the Church Street project prior to the start of construction of Bogart Street and greatly reduce the impact of construction activity adjacent to residents of Hidden Oaks Estates. In order for the City of Colleyville to receive the County's share of funding for the Bogart Drive improvements, from two lanes to a three lane concrete street, the attached Interlocal Agreement with Tarrant County must be approved by City Council. This agreement provides for the County to reimburse the City of Colleyville for 50% of total costs incurred on the Bogart Drive project, or $332,971, whichever is less. Distribution of County funds will be made in four equal quarterly payments of $83,243, beginning the third quarter of 2008 through the second quarter of 2009. Financial Impact The project enhancements, including landscaping, roundabout, and sidewalks will be financed by the City through Tax Increment Financing (TIF) Bonds and Perimeter Street Fees. Recommendation Approval City of Colleyville Page 2 Printed on 8/1/2007 TARRANT COUNTY TRANSPORTATION BOND PROGRAM APPROVED PROJECTS COLLEYVILLE Project Type Location Total Tarrant Date Tarrant County Source of City's County Funding Funds Available Share of Cost Bogart Drive Street Widening (Pleasant Run Road $332,971 2008 TIF Bonds and to Hall-Johnson Perimeter Street Fees Road) Intersection Jackson Road at Service Area I Street Improvement Cheek Sparger $535,415' 2011 and Utility Impact Fees Road Intersection John McCain Road Service Area II Street Improvement at Pleasant Run $201,359 2009 and Utility Impact Fees Road Intersection Martin Parkway at Service Area I Street Improvement Cheek Sparger $255,541 2011 and Utility Impact Fees Road ' This total originally included Federal funding in the amount of $320,950. In April 2007, the Regional Transportation Council (RTC) approved defederalization of these funds, at the request of the North Central Texas Council of Governments (NCTCOG). The total comittment of $535,415 is now funded locally through the Tarrant County Transportation Bond Program. STATE OF TEXAS § § Interlocal Agreement COUNTY OF TARRANT § This agreement is entered into between Tarrant County, Texas, hereinafter referred to as COUNTY, and ~, hereinafter referred to as CITY, and collectively referred to as the parties, for the purpose of funding a needed transportation project within the boundaries of both parties which the Commissioners Court finds serves a public purpose and serves the public welfare of the citizens of Tarrant County. The COUNTY and the CITY make the following findings of fact: 1. This agreement is made pursuant to Chapter 791 of the Texas Government Code; 2. To the extent necessary the parties will use current revenues to pay obligations in this agreement; 3. The project benefits the public in that it is a needed transportation project; 4. The COUNTY and the CITY each has the legal authority to perform its obligations in this agreement; and 5. The division of costs provided in this agreement constitute adequate consideration to each party. Interlocal Agreement Transportation Bond 2006-2007 Page i I. PR07ECT DESCRIPTION II. SCOPE OF SERVICES PROVIDED BY CITY The services to be provided by the CITY shall include, but are not limited to, the following: A. All costs associated with said project including acquisition of right of way, planning, engineering, surveying and governmental approval costs; B. All construction costs; C. Construction agreement administration, site review, permitting and inspection; D. Interagency cooperation; E. A monthly progress report documenting the percent complete for each major component of the project shall be provided to the COUNTY; F. CITY will notify the COUNTY on completion of the project. G. CITY will include the following language on all on-site public notice signage: "This project is funded by the and the Tarrant County Comrnissioners Court through the 2006 Tarrant County Bond Program" III. TERM This agreement will conclude with the ending of the current fiscal year unless terminated sooner per Section XI of this agreement. IV. COST COUNTY agrees to reimburse 50% of the CIIY's actual costs of the as-built final total project cost or an amount of whichever is less and in accordance with Attachment A which is attached hereto and hereby made a part of this agreement for all purposes. However, in the event that the schedule is delayed, the COUNTY is excused from paying until the successful completion of the scheduled phase of the project as reasonably determined by the COUNTY. The CITY will provide certification signed by the CFO or authorized official that the work has been completed and that the funds being requested have been expended. Interlocal Aareement Transuortation Bond 2006-2007 Page 2 CITY understands that C1TY will be responsible for any other expenses incurred by CITY in performing the services under this agreement. V. AGENCY-INDEPENDENT CONTRACTQR Neither COUNTY nor any employee thereof is an agent of CITY and neither CITY nor any employee thereof is an agent of COUNTY. This agreement does not and shall not be construed to entitle either party or any of their respective employees, if applicable, to any benefit, privilege or other amenities of employment by the other party. CITY agrees that the COUNTY will have no right to control the manner or means of construction of the project. VI. ASSIGNMENT Neither party may assign, in whole nor in part, any interest it may have in this agreement without the prior written consent of the other party. VII. THIRD PARTY BENEFICIARY EXCLUDED No person other than a party to this agreement may bring a cause of action pursuant to this agreement as a third party beneficiary. This agreement may not be interpreted to waive the sovereign immunity of any party to this agreement to the extent such party may have immunity under Texas law. VIII. AUDIT OF RECORDS CITY's records regarding this project shall be subject to audit by the COUNTY during the term of this agreement and for two years after the completion of the project. IX. ENTIRE AGREEMENT This agreement represents the entire understanding of and between the parties and superseded all prior representations. This agreement may not be varied orally, but must be amended by written document of subsequent date duly executed by these parties. This agreement shall be governed by the laws of the State of Texas and venue for any action under this agreement shalt be in the district courts of Tarrant County, Texas. Interlocal Agreement Transportation Bond 2006-2007 Page 3 X. SCHEDULING CITY agrees that the COUNTY retains control over the COUNTY funding disbursement schedule identified in Attachment A. COUNTY agrees to notify CITY of any changes to the funding disbursement schedule 30 days in advance. Such notification will be in the form of written correspondence delivered by regular mail. XI. TERMINATION Until funded by the COUNTY as described in Paragraph IV this agreement may be terminated by either party by providing written notice to the other party at least thirty (30) days prior to the intended date of termination. Any notice or other writing required by this agreement, shall be deemed given when personally delivered or mailed by certified or registered United States mail, return-receipt, postage prepaid, addressed as follows: COUNTY: County Administrator Tarrant County 100 E Weatherford St Fort Worth, Texas 76196 APPROVED on this day the day of , 20 , by Tarrant County. Commissioners Court Order No. TARRANT COUNTY STATE OF TEXAS County Judge CITY Signature Interlocal Aareemen~,Transuortation Bond 2006-2007 Page 4 APPROVED AS TO fORM: District Attorney's Office* *By law, the District Attorney's Office may only advise or approve agreements or legal documents on behalf of its clients. It may not advise or approve a agreement or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). CERTIFICATIONOFAt/AILABLEFUNDSIN THEAMOUNTOF$ Certification of Funds Available as follows: Fiscal year ending September 30, 2007 0 All future years funding is contingent on future debt issuance and renewal of this contract Fiscal year ending September 30, 2008 Fiscal year ending September 30, 2009 Fiscal year ending September 30, 2010 Fiscal year ending September 30, 2011 Fiscal year ending September 30, 2012 Fiscal year ending September 30, 2013 Fiscal year ending September 30, 2014 Fiscal year ending September 30, 2015 Fiscal year ending September 30, 2016 Auditor's Office ---------------------------------- Interlocal Agreement Transaortation Bond 2006-2007 Page 5 ATTACHMENT A Project Information City: Project Name: Proposed Project Schedule * COUNTY payments by completed phase aze contingent upon the COUNTY'S reasonable determination that the work regazding the project phase for which payment is expected is successfully completed, as determined by the COUNTY. COUNTY plans to issue debt for all phases of this project, therefore payment remains contingent on debt issuance in accordance with applicable law. Once Construction commences, COUNTY payment shall be made by fiscal quarter prorated over the life of the construction but contingent upon reasonable progress in construction as may be determined by the COUNTY. Design: ROW Acquisition: Utility Relocation: Construction: County Funding Total: Proposed County Payment by Date (SUBJECT TO CHANGEI 1st Quarter 2nd Quarter 3rd Quarter 4th Quarter 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 Interlocal Agreement Transportation Bond 2006-2007 Page 6 ~` ~~ `~'-~• 100 Main Street %~ a~ ~~ ~ City of C o I I eyv i I I e Coll (817) 503X1000 034 .,r,Y:., Agenda Briefing www•colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 08/07/2007 Requester: Finance Department Agenda No.: 4d Controlling Body: City Council Final Action: File Name: Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2007 Attachments: Audit Engagement Letter.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/07/2007 City Council Title Approval of a contract with Pattillo, Brown and Hill, L.L.P., for audit services for fiscal year ended September 30, 2007 Explanation Reading and Public Hearing In August 2003, the Council awarded the contract for auditing services to Pattillo, Brown, & Hill, L.L.P., for afive-year term (fiscal years 2003-2007). The cost of auditing services is $34,500, as proposed for the fifth and final year services in the original Request for Proposal. Prior to the Council meeting, the Audit Committe met to affirm utilizing Pattillo, Brown, & Hill, L.L.P for the fiscal year ended September 30, 2007 audit. Attached is the contract submitted by Pattillo, Brown, & Hill, L.L.P, for auditing services for fiscal year ended September 30, 2007. Financial Impact Funding for the contract is included in the Finance Department and Utility Billing Department budgets. Recommendation Approval City of Colleyville Page 1 Printed on 8/1/2007 ~,~ PATTILLO, BROWN & HILL, L. L. P. CERTIFIED PUBLIC ACCOUNTANTS ^ BUSINESS CONSULTANTS July 30, 2007 City of Colleyville, Texas Attention: Terry Leake 100 Main Street Colleyville, Texas 76034 Ladies and Gentlemen: We are pleased to confirm our understanding of the services we are to provide the City of Colleyville for the year ended September 30, 2007. We will audit the financial statements of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information, which collectively comprise the basic financial statements of the City of Colleyville as of and for the year ended September 30, 2007. Accounting standards generally accepted in the United States provide for certain required supplementary information (RSI), such as management's discussion and analysis (MD&A), to accompany the City of Colleyville's basic financial statements. As part of our engagement, we will apply certain limited procedures to the City of Colleyville's RSI. These limited procedures will consist principally of inquiries of management regarding the methods of measurement and presentation, which management is responsible for affirming to us in its representation letter. Unless we encounter problems with the presentation of the RSI or with procedures relating to it, we will disclaim an opinion on it. The following RSI is required by generally accepted accounting principles and will be subjected to certain limited procedures, but will not be audited: 1. Management's Discussion and Analysis. Supplementary information other than RSI, such as combining and individual fund financial statements, also accompanies the City of Colleyville's basic financial statements. We will subject the following supplementary information to the auditing procedures applied in our audit of the basic financial statements and will provide an opinion on it in relation to the basic financial statements: 1. Combining and individual non-major fund financial statements. 401 WEST HIGHWAY 6 ^ P. O. BOX 20725 ^ WACO, TX 76702-0725 ^ (254) 772-4901 ^ FAX: (254) 772-4920 ~ www.pbhcpa.com AFFILIATE OFFICES: BROWNSVILLE, TX (956) 544-7778 ^ HILLSBORO, TX (254) 582-2583 TEMPLE, TX (254) 791-3460 ^ ALBUQUERQUE, NM (505) 266-5904 City of Colleyville July 30, 2007 Page 2 The following additional information accompanying the basic financial statements will not be subjected to the auditing procedures applied in our audit of the financial statements, and for which our auditor's report will disclaim an opinion. 1. Introductory section. 2. Statistical data. Audit Objectives The objective of our audit is the expression of opinions as to whether your basic financial statements are fairly presented, in all material respects, in conformity with U.S. generally accepted accounting principles and to report on the fairness of the additional information refereed to in the first paragraph when considered in relation to the basic financial statements taken as a whole. Our audit will be conducted in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards, issued by the Comptroller General of the United States, and will include tests of the accounting records of the City of Colleyville and other procedures we consider necessary to enable us to express such opinions. If our opinions on the financial statements are other than unqualified, we will fully discuss the reasons with you in advance. If, for any reason, we are unable to complete the audit or are unable to form or have not formed opinions, we may decline to express opinions or to issue a report as a result of this engagement. We will also provide a report (that does not include an opinion) on internal control related to the financial statements and compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants, noncompliance with which could have a material effect on the financial statements as required by Government Auditing Standards. The report on internal control and compliance will include a statement that the report is intended solely for the information and use of the audit committee, management, and specific legislative or regulatory bodies and is not intended to be and should not be used by anyone other than these specified parties. If during our audit we become aware that the City of Colleyville is subject to an audit requirement that is not encompassed in the teens of this engagement, we will communicate to management and those charged with governance that an audit in accordance with U.S. generally accepted auditing standards and the standards for financial audits contained in Government Auditing Standards may not satisfy the relevant legal, regulatory; or contractual requirements. IVlanagement Responsibilities Management is responsible for establishing and maintaining internal controls, including monitoring ongoing activities; for the selection and application of accounting principles; and for the fair presentation in the financial statements of the respective financial position of the governmental activities, the business-type activities, the discretely presented component unit, each major fund, and the aggregate remaining fund information of the City of Colleyville and the respective changes in financial position and cash flows, where applicable, in conformity with U.S. generally accepted accounting principles. Management is responsible for the basic financial statements and all accompanying information as well as al] representations contained therein. City of Colleyville July 30, 2007 Page 3 You are responsible for management decisions and functions. As part of the audit, we will prepare a draft of your financial statements and related notes. In accordance with Government Auditing Standards, you will be required to review and approve those financial statements prior to their issuance and have a responsibility to be in a position in fact and appearance to make an informed judgment on those financial statements. Further, you are required to designate a qualified management-level individual to be responsible and accountable for overseeing our services. Management is responsible for making all financial records and related information available to us and for the accuracy and completeness of that information. Management's responsibilitics include adjusting the financial statements to correct material misstatements and for confirming to us in the representation letter that the effects of any uncorrected misstatements aggregated by us during the current engagement and pertaining to the latest period presented are immaterial, both individually and in the aggregate, to the financial statements taken as a whole. You are responsible for the design and implementation of programs and controls to prevent and detect fraud, and for informing us about all known or suspected fraud affecting the government involving (1) management, (2) employees who have significant roles in internal control, and (3) others where the fraud or illegal acts could have a material effect on the financial statements. Your responsibilities include informing us of your knowledge of any allegations of fraud or suspected fraud affecting the govemment received in communications from employees, former employees, grantors,, regulators, or others. In addition, you are responsible for identifying and ensuring that the entity complies with applicable laws, regulations, contracts, agreements, and grants for taking timely and appropriate steps to remedy any fraud, illegal acts, violations of contracts or grant agreements, or abuse that we may report. Management is responsible for establishment and maintenance of a process for tracking the status of audit findings and recommendations. Management is also responsible for identifying for us previous audits or other engagements or studies related to the objectives discussed in the Audit Objectives section of this letter. This responsibility includes relaying to us corrective actions taken to address significant findings and recommendations resulting from those audits or other engagements or studies. You are also responsible for providing management's views on our current findings, conclusions, and recommendations, as well as your planned corrective actions, and the timing and format related thereto. Audit Procedures-General An audit includes examining, on a test basis, evidence supporting the amounts and disclosures in the financial statements; therefore, our audit will involve judgment about the number of transactions to be examined and the areas to be tested. We will plan and perform the audit to obtain reasonable rather than absolute assurance about whether the financial statements are free of material misstatement, whether from (]) errors, (2) fraudulent financial reporting, (3) misappropriation of assets, or (4) violations of laws or governmental regulations that are attributable to the entity or to acts by management or employees acting on behalf of the entity. Because the determination of abuse is subjective, Government Auditing Standards do not expect auditors to provide reasonable assurance of detecting abuse. City of Colleyville July 30, 2007 Page 4 Because an audit is designed to provide reasonable, but not absolute assurance and because we will not perform a detailed examination of all transactions, there is a risk that material misstatements may exist and not be detected by us. In addition, an audit is not designed to detect immaterial misstatements or violations of laws or governmental regulations that do not have a direct and material effect on the financial statements. However, we will inform you of any material errors and any fraudulent financial reporting or misappropriation of assets that come to our attention. We will also inform you of any violations of laws or governmental regulations that come to our attention, unless clearly inconsequential. Our responsibility as auditors are limited to the period covered by our audit and does not extend to later periods for which we are not engaged as auditors. Our procedures will include tests of documentary evidence supporting the transactions recorded in the accounts, and may include tests of the physical existence of inventories, and direct confirmation of receivables and certain other assets and liabilities by correspondence with selected individuals, creditors, and financial institutions. We will request written representations from your attorneys as part of the engagement, and they may bill you for responding to this inquiry. At the conclusion of our audit, we will also require certain written representations from you about the financial statements and related matters. Audit Procedures-Internal Controls Our audit will include obtaining an understanding of the entity and its environment, including internal control, sufficient to assess the risks of material misstatement of the financial statements and to design the nature, timing, and extent of further audit procedures. Tests of controls may be performed to test the effectiveness of certain controls that we consider relevant to preventing and detecting errors and fraud that are material to the financial statements and to preventing and detecting misstatements resulting from illegal acts and other noncompliance matters that have a direct and material effect on the financial statements. Our tests, if performed, will be less in scope than would be necessary to render an opinion on internal control and, accordingly, no opinion will be expressed in our report on internal control issued pursuant to Government Auditing Standards. An audit is not designed to provide assurance on internal control or to identify significant deficiencies. However, during the audit, we will communicate to management and those charged with governance internal control related matters that are required to be communicated under professional standards and Govcrrament Auditing Standards. Audit Procedures-Compliance As part of obtaining reasonable assurance about whether the financial statements are free of material misstatement, we will perform tests of the City of Colleyville's compliance with the provisions of applicable laws, regulations, contracts, agreements, and grants. However, the objective of our audit will not be to provide an opinion on overall compliance and we will not express such an opinion in our report on compliance issued pursuant to Government Auditing Standards. City of Colleyville July 30, 2007 Page 5 Audit Administration, Fees, and Other We understand that your employees will prepare all cash or other confirmations we request and will locate any documents selected by us for testing. We will provide copies of our reports to the City; however, management is responsible for distribution of the reports and the financial statements. Unless restricted by law or regulation, or containing privileged and confidential information, copies of our reports are to be made available for public inspection. The audit documentation for this engagement is the property of Pattillo, Brown & Hill, L.L.P. and constitutes confidential information. However, pursuant to authority given by law or regulation, we may be requested to make certain audit documentation available to a federal agency providing direct or indirect funding, or the U.S. Government Accountability Office for purposes of a quality review of the audit, to resolve audit findings, or to carry out oversight responsibilities. We will notify you of any such request. If requested, access to such audit documentation will be provided under the supervision of Pattillo, Brown & Hill, L.L.P. personnel. Furthermore, upon request, we may provide copies of selected audit documentation to the aforementioned parties. These parties may intend, or decide, to distribute the copies or information contained therein to others, including other governmental agencies. The audit documentation for this engagement will be retained for a ininiinum of five years after the report release date or for any additional period requested. if we are aware that a federal awarding agency or auditee is contesting an audit finding, we will contact the party(ies) contesting the audit finding for guidance prior to destroying the audit documentation. Our fee for these services will be at our standard hourly rates plus out-of-pocket costs (such as report reproduction, word processing, postage, travel, copies, telephone, etc.) except that we agree that our gross fee, including expenses, will not exceed $34,500. Our standard hourly rates vary. according to the degree of responsibility involved and the experience level of the personnel assigned to your audit. Our invoices for these fees will be rendered each month as work progresses and are payable on presentation. In accordance with our firm policies, work maybe suspended if your account becomes overdue and may not be resumed until your account is paid in full. If we elect to terminate our services for nonpayment, our engagement will be deemed to have been completed upon written notification of termination, even if we have not completed our report. You will be obligated to compensate us for all time expended and to reimburse us for all out-of-pocket costs through the date of termination. The above fee is based on anticipated cooperation from your personnel and the assumption that unexpected circumstances will not be encountered during the audit. If significant additional time is necessary, we will discuss it with you and arrive at a new fee estimate before we incur the additional costs. Government Auditing Standards require that we provide you with a copy of our most recent external peer review report and any letter of comment, and any subsequent peer review reports and letters of comment received during the period of the contract. Our 2004 peer review letter of comment accompanies this letter. City of Colleyville July 30, 2007 Page 6 We appreciate the opportunity to be of service to the City of Colleyville and believe this letter accurately summarizes the significant terms of our engagement. If you have any questions, please let us know. If you agree with the terms of our engagement as described in this letter, please sign the enclosed copy and return it to us. Very truly yours, Pattillo, Brown & Hill, L.L.P. ~ 1. 1 ohn K. Manning, CPA JKM/ar RESPONSE: This letter correctly sets forth the understanding of the City of Colleyville. By: Title: Date: EUBANI~ BETTS A Professional Limited Liability Compatry CERTIFIED PUBLIC ACCOUNTANTS 3820 interstate 55 North /Post Office Box 16090 /Jackson, Mississippi 39236-6090 /Phone (601) 987-4300 /Fax (601) 987-4314 October 27, 2004 To the Partners Pattillo, Brown & Hill, L.L.P. and the Center for Public Company Audit Firms Peer Review Committee We have reviewed the system of quality control for the accounting and auditing practice of Pattillo, Brown & Hill, L.L.P. (the firm), applicable to non-SEC issuers in effect for the year ended May 31, 2004. The firm's accounting and auditing practice applicable to SEC issuers was not reviewed by us since the Public Company Accounting Oversight Board (PCAOB) is responsible for inspecting that portion of the firm's accounting and auditing practice in accordance with PCAOB requirements. A system of quality control encompasses the firm's organizational structure and the policies adopted and procedures established to provide it with reasonable assurance of complying with professional standards. The elements of quality control are described in the Statements on Quality Control Standards issue by the American Institute of Certified Public Accountants (the AICPA). The design of the system, and compliance with it, are the responsibilities of the firm. Our responsibility is to express an opinion on the design of the system, and the firm's compliance with that system based on our review. Our review was conducted in accordance with standards established by the Peer Review Committee of the Center for Public Company Audit Firms and included procedures to plan and perform the review that are summarized in the attached description of the peer review process. Our review would not necessarily disclose all weaknesses in the system of quality control or all instances of lack of compliance with it since it was based on selective tests. Because there are inherent limitations in the effectiveness of any system of quality control, departures from the system may occur and not be detected. Also, projection of any evaluation of a system of quality control to future periods is subject to the risk that the system of quality control may become inadequate because of changes in conditions, or that the degree of compliance with the policies or procedures may deteriorate. In our opinion, the system of quality control for the accounting and auditing practice applicable to the non-SEC issuers of Pattillo, Brown & Hill, L.L.P. in effect for the year ended May 31, 2004, has been designed to meet the requirements of the quality control standards for an accounting and auditing practice established by the AICPA, and was complied with during the year then ended to provide the fine with reasonable assurance of complying with applicable processional standards. EUBANK & BETTS, PLLC 1[1 ~~l ''~` ` ~~ Cit of Colle ville y Y 100 Main Street ll ill C T 76034 't ~; ~ o eyv e, exas (817) 503-1000 ~~ ~° Agenda Briefing www•colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Budget and Administrative Services Agenda Date: 08/07/2007 Agenda No.: 4e Controlling Body: City Council Final Action: File Name: Approval of a local historical marker entitled "McPherson Dairy" to be placed at McPherson Park Attachments: McPherson Dairy Historical Marker Application.pdf History of Legislative File Version: Date: Acting Body: Action Text: 08/07/2007 City Council Title Approval of a local historical marker entitled "McPherson Dairy" to be placed at McPherson Park Explanation Reading and Public Hearing In September 2000, the City Council approved the City of Colleyville Local Historical Marker Program. Historical Preservation Committee (HPC) members continue to consider various historical marker applications to designate people and/or areas, including buildings and locations, of historical significance to the City of Colleyville. On July 24, 2007, HPC members Sammie Bolling and Ed Havran made a presentation to the Historical Preservation Committee for a local historical marker entitled "McPherson Dairy" to be placed at McPherson Park. Colleyville was once known for its numerous dairy farms and the historical marker will serve as a reminder of that chapter in Colleyville history. A site for marker placement will be determined by staff. The HPC has approved the application and seeks City Council approval. Financial Impact It has been determined that the FY2007 Budget has appropriate funds for the historical marker. The marker will cost approximately $1,300.00. Two markers have been purchased during this fiscal year. Recommendation Approval City of Colleyville Page 1 Printed on 8/1/2007 COLLEYVILLE HISTORICAL PRESERVATION COMMITTEE HISTORIC LANDMARK DESIGNATION FORM 1. Name McPhersoa Dairy Historic X Land survey And/ or common block/lot tract size 2. Locatioa : To be placed oa site of former McPhersoa Dairy, oa McDoawe$ Rd., CoSeyville, TX. Location/Neighborhood 3. Curreat Zoaiag - N/A 4. Classification N/A Category Owaership _ district _ Public _ building(s) _ private StrUCtUrE site Public Ac~uisitioa - m PrOi~~ _ being considered Present Use agriculture commercial education transportation entertainment S. Owaerahi stat,~ occupied X unoccupied - work in progress _ government industrial ~_ military _ museum park Accessible _ yes; restricted _.__ yes; unrestricted no residence _ religious scientific _ other Current owner: City of Colleyville Phone: Address: City: State• Zip: 6. Form Preparation Name and Title: Nelda Thompson Organization: Colle a HPC Contact: Phone: 817-267-0260 7. Historic Ownership Original owner: Josef and Steffie Psencik Sevick s~.tniffcant later owner(s): 8. Construction dates A /additions N 9. Architect/Builder _ Original construction Alterations /additions 10. Physical Description Describe present and original (if known) physical appearance; include style(s) of architecture current condition and relationship to surrounding fabric (structures, objects, etc.). Elaborate on pertinent materials used and style(s) of architectural detailing, embellishments and site details. 11. Historical Significance Describe the historical significance of the property, include descriptive material, footnotes, and a bibliography. The McPherson Dairy was one of the oldest and most prosperous dairies inthe area. It made a significant impact, on the economy in the surrounding area. It was also the last of the dairies, to continue to be in operation, prior to closing. 12. Attachments District or site map _ Site Plan Photos (historic & current) 13. Suggested wording for plaque marker (Must be approved by the Colleyville City Council) McPherson Dairy In 1920, Czech immigrant, Joseph Sevick, and his Texas born wife, Steffie Psencik Sevick, built a dairy farm on this property. Their 160 acre property was purchased with a house and bare land, and upon possession, the Sevicks walked their 10 Jersey cows from Niles City (Forth Worth Northside), to the farm. When Steffie died on January 21, 1947, the Sevicks decided to close the dairy and sell the farm. The 160 acre property was divided and purchased in two portions. The eastern fifty-one acres by Lem Foster, a part time realtor and service station operator, and the western hundred and sixty-nine acres by A.G. Benedict, a Santa Fe Railroad machinist. Though A.G. Benedict continued his work with the Santa Fe Railroad, his daughter, Barbara and her husband, T.J. McPherson, revived the history of dairy production on the property. The McPhersons began selling grade A milk, and eventually opened up large scale production. At its peak, four full time employees helped milk 150 cows, producing about 1,400 gallons of milk a day. In 1976, the McPhersons had a blue silo built to complete their feeding arrangements for their dairy herd. The silo stands today as a monument to the heritage of the McPherson family, and a reminder of a chapter of Colleyville's history. T.J. and Barbara moved to a ranch in Johnson County in 1997. Designation Merit A. Character, interest or value as part of the development, heritage or cultural characteristics of the City of Colleyville, State of Texas, of the United States X B. Location of the site as a significant historical event. X C. Identification with a person or persons who significantly contributed to the culture and development of the city. X D. Exemplification of the cultural, economic, social or historical heritage of the city. E. Portrayal of the environment of a group of people in an era of history characterized by a distinctive architectural style. F. Embodiment of distinguishing characteristics of an architectural type or specimen. G. Identification as the work of an architect or master builder whose individual work has influenced the development of the city. H. Embodiment of elements of architectural design, detail, materials or craftsmanship which represent a significant architectural innovation. I. Relationship to other distinctive buildings, sites, or areas which are eligible for preservation according to a plan based on historic, cultural or architectural motif. J. Unique location of singular physical characteristics representing an established and familiar visual feature of a neighborhood, community or the city. K. Archaeological value in that it has produced or can be expected to produce data affecting theories or prehistoric value. L. Value as an aspect of community sentiment or public pride. Recommendation C ' , Colleyville Historical Preservation Committee 1~ .~, ~~~F '~-~~ City of Colleyville Colleyv0'~IIe,aTexas 76034 `1 (817) 503-1000 ~~~~- Agenda Briefing www•colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Parks and Recreation Agenda No.: 4f Department Controlling Body: City Council Agenda Date: 08/07/2007 Final Action: File Name: Approval of a contract for the Log Barn Preservation at McPherson Park, in an amount not to exceed $115,500, and authorize the City Manager to execute the contract Attachments: Financial Status of Park Land Dedication Fund June 30, 2007.pdf History of Legislative File Version: Date: Acting Body: Action Text: 08/07/2007 City Council Title Approval of a contract for the Log Barn Preservation at McPherson Park, in an amount not to exceed $115,500, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The Dunn/Tirk Log Barn was donated to the City in June 2005. The Log Barn is restorable, in reasonably good condition and may be one of the last log buildings in Tarrant County. This project is in response to the Historical Preservation Committee objective to restore the Log Barn at McPherson Park. The structure will represent another historical element along with the existing rock house at McPherson Park. The renovation will include using all original foundation rocks and logs. If replacement is necessary, the materials will be of the same size and type. The roof shingles and boards will be native oak. Limited 1850 period rosehead nails will be used, and the structure will be sprayed with fire retardant. The original cost estimate for the renovation was $175,000. This is a special service due to the nature of the work. The Parks and Recreation Department recommends approval of the contract to Marquis Restoration and Preservation in the amount of $105,000. Staff is recommending a 10% project contingency of $10,500, for a total amount not to exceed $115,500. Bill Marquis, Marquis Restoration and Preservation, has been restoring log buildings for 30 years. He has worked in cities throughout Tarrant and Dallas counties and specializes in restoring early Texas log houses. The proposed start date will be early August. City Attorney Matthew Boyle reviewed the contract and approved for City Council's consideration. The Park Land Dedication Committee and the Parks and Recreation City of Colleyville Page 1 Printed on 8/3/2007 Agenda Briefing Continued Advisory Board approved the project on January 9, 2006, utilizing Park Land Dedication funds. City Council approved the Park Land Dedication Fund budget for the project on January 17, 2006. Financial Impact The amount of $115,500 is budgeted for the Log Barn restoration in the Park Land Dedication Fund expenditures. Recommendation Approval Cify of Colleyville Page 2 Printed on 8/3/2007 FINANCIAL STATUS OF PARK LAND DEDICATION FUND AT 6-30-2007 TOTAL REVENUES $3,077,680 TOTAL INTEREST INCOME RECD $368,572 LESS EXPENSES: KIDSVILLE DONATION $1,000 LANDSCAPING NATURE CENTER $1,169 NATURE CENTER TREES $1,035 KIMSEY PARK APPRAISALS $4,700 CITY PARK SOD $72,881 TPWD KIMSEY PARK GRANT $8,800 COTTONBELT TRAIL I $212,016 COTTONBELT TRAIL ROW ACQUISITION $32,323 WEBS HOUSE RESTORATION $98,584 COTTONBELT TRAIL II $28,488 MC DONWELL SCHOOL TRAIL $142,868 PARK PROPERTY $508,047 CASTLETON TRAIL $12,393 TOTAL EXPENSES $1,124,305 LESS ENCUMBERANCES: CASTLETON TRAIL $13,607 COTTONBELT TRAIL II $179,810 COTTONBELT TRAIL III $185,297 LOG BARN $175,000 MC DONWELL SCHOOL TRAIL $29,132 MC PHERSON PARK PHASE I $1,134,114 WEBS HOUSE TRAIL $20,000 TOTAL ENCUMBERANCES $1,736,960 TOTAL AVAILABLE AT 6-30-2007 $584,987 City of C o l l eyv i l l e Colley Ile aTexas 76034 @yq ~`4F--": (817) 503-1000 ~~~~~ Agenda Briefing www•colleyville.com File Number: Version: 1 File Type: Resolution Agenda Date: 08/07/2007 Requester: Finance Department Agenda No.: 4g File Name: Approval and adoption of the 2007 certified tax roll Attachments: Certified Tax Roll.pdf Notice of Effective Tax Rate.pdf History of Legislative File Final Action: Version: Date: Acting Body: Action Text: 1 08/07/2007 City Council Title Approval and adoption of the 2007 certified tax roll Explanation Reading and Public Hearing On July 25, 2007, the Chief Appraiser of Tarrant Appraisal District certified the 2007 tax roll to be levied on October 1, 2007 (fiscal year 2008), in the amount of $3,290,686,584. This total excludes the value of properties currently under appeal and incomplete appraisals to the Appraisal Review Board, in the amount of $82,620,739 (minimum projected value). These amounts total $3,373,307,323 in projected assessed valuation and are the totals that are used to calculate the effective tax rate. Included in this total is new construction values at $175,052,975. The value for properties located outside of the Tax Increment Financing (TIF) district is $3,162,672,415 and the value for properties located in the TIF district is $210,634,908. This represents an increase of 9.5% over the current year's valuation. However, the value of existing property on the tax roll represents only a 3.8% increase. Attached is the information received from the Appraisal District and the Notice of Effective Tax Rate. Financial Impact These are the amounts used to calculate the effective tax rate for the 2008 budget and will be used in the 2008 ad valorem tax revenue projections. Recommendation Approval Status: Consent Agenda Controlling Body: City Council City of Colleyville Page 1 Printetl on sivzuvi 2007 Property Tax Rates in City of Colleyville This notice concerns 2007 property tax rates for City of Colleyville. It presents information about three tax rates. Last years tax rate is the actual rate the taxing unit used to determine property taxes last year. This year's effective tax rate would impose the same total taxes as last year if you compare properties taxed in both yeazs. This years rollback tax rate is the highest tax rate the taxing unit can set before taxpayers can start tax rollback procedures. In each case these rates are found by dividing the total amount of taxes by the tax base (the total value of taxable property) with adjustments as required by state law. The rates are given per $100 of property value. Last year's tax rate: Last year's operating taxes $8,016,171 Last yeaz's debt taxes $1,974,924 Last year's total taxes $9,99],095 Last year's tax base $2,875,962,867 Last year's total tax rate 0.347400 /$100 This year's effective tax rate: Last year's adjusted taxes $9,406,046 (after subtracting taxes on lost property) This year's adjusted tax base $2,788,790,863 (after subtracting value of new property) = This year's effective tax rate 0.337280 /$100 (Maximum rate unless unit publishes notices and holds hearings.) This year's rollback tax rate: Last year's adjusted operating taxes (after $7,546,768 subtracting taxes on lost property and adjusting for any transferred function, tax increment financing, and/or enhanced indigent health care expenditures) -This year's adjusted tax base $2,788,790,863 = This year's effective operating rate 0.270611 /$100 x 1.08 =this year's maximum operating rat 0.292259 /$100 + This year's debt rate 0.072909 /$100 =This year's total rollback rate 0.365168 /$100 Statement of Increase/Decrease If City of Colleyville adopts a 2007 tax rate equal to the effective tax rate of $0.337280 per $100 of value, taxes would increase compared to 2006 taxes by $5,357. Schedule A -Unencumbered Fund Balances The following estimated balances will be left in the unit's property tax accounts at the end of the fiscal year. These balances are not encumbered by a corresponding debt obligation. Type of Property Tax Fund Balance General Fund $7,779,111 Interest and Sinking Fund $1,082,681 Schedule B - 2007 Debt Service The unit plans to pay the following amounts for long-term debts that are secured by property taxes. These amounts will be paid from property tax revenues (or additional sales tax revenues, if applicable). Principal or Interest to be Contract Payment Paid from Other Description to be Paid from Property Amounts Total of Debt Property Taxes Taxes to be Paid Payment 1994 G. O. $125,000 $3,313 $0 $128,313 Refunding Bonds 1999 G. O. Bonds $25,000 $2,888 $0 $27,888 1999 CCCPD Sales $305,000 $34,174 $0 $339,174 Tax Bonds 2001 G. O. $930,000 $228,925 $0 $1,158,925 Refunding Bonds 2002 Certificates of $390,000 $91,525 $0 $481,525 Obligation 2006 G. O. $25,000 $177,723 $0 $202,723 Refunding Bonds 2007 G. O. Bonds $0 $267,822 $0 $267,822 Asphalt Distributor $24,324 $0 $0 $24,324 Lease Fire Tmck Lease $49,723 $0 $0 $49,723 Ambulance Lease $37,000 $0 $0 $37,000 Fire Station $420,000 $20,000 $0 $440,000 Fum/Equip Loan Paying Agent Fees $0 $0 $5,000 $5,000 Total Required for 2007 Debt Service $3,162,417 - Amount (if any) paid from funds listed in Schedule A $o -Amount (if any) paid from other resources $1,001,498 - Excess collections last year $~ = Total to be paid from taxes in 2007 $2,160,919 + Amount added in anticipation that the unit will $~ collect only 100.00% of its taxes in 2007 = Total Debt Levy $2,160,919 This notice contains a summary of actual effective and rollback tax rates' calculations. You can inspect a copy of the full calculations at 100 Main Street, Colleyville, Texas 76034. Name of person preparing this notice: Colette Franklin, RTA Title: Tax Assessor-Collector Date Prepared: August 1, 2007 ~~~ognized for E;~cell,~~ ~- G ~~~ ~,~~~ _~~lZe Ll~ ~'-r _ ~~ ~ ~ ~ ~e~ ~_ Incfcpcft~fr~r~t Sc~ooC~l7istrrct July 25, 2007 ~r~~X o>~s~e I, Colette Franklin, Tax Assessor-Collector for the City of Colleyville, Texas, o72~t1JSr.~1,~=Dr~~~ submit to the Cit Council the 2007 A raisal Roll as sworn to b John Gral~>evinc, TIC 760 ~ 1 ' y pp y Marshall, Chief Appraiser of the Tarrant County Appraisal District. Attached, herewith, are the appraisal roll valuation summary sheets with hard copies of the appraisal roll available for inspection at 3072 Mustang Drive, Grapevine, Texas 76051. 81 ;/251-563 3 ti1F~~zoki%%aki-12x2 Total Appraised and Assessed Value $3 387 895 668 > , r~~x ~ t7,-12 l -`''goo Less Agricultural Deferral and Exemptions - 97,209,084 Net Taxable $3,290,686,584 New Construction $ 175,052,975 (Included in net taxable) I certify an anticipated collection rate of 100% for the tax year 2007. This total percentage includes current taxes, delinquent taxes, rollback taxes, penalties and interest. 'tness my hand this 25th day of July 2007. > ..1 Colette Franklin, RTA, CSTA Tax Assessor-Collector Sworn and Subscribed to me this 25th day of July 2007. r ,,. -. Not Public~Signature ~ County State ,~, 'i. ,~~"",, LAUpAOWENS :;R1rH fya. •'.: '' *•:y~.'~"' MY COMMISSION EXPIRES `~ ~ •' `•' April 23, 2010 --r;w. .. July _5 2007 Certified Roll-Colleyville.doc TARRANT APPRAISAL DISTRICT CITY OF COLLEYVILLE JOHN MARSHALL CHIEF APPRAISER I, JOHN MARSHALL, CHIEF APPRAISER FOR TARRANT COUNTY, SOLEMNLY SWEAR THAT THE ATTACHED IS THAT PORTION OF'THE APPRAISAL ROLL OF THE TARRANT APPRAISAL DISTRICT WHICH LISTS PROPERTY TAXABLE BY THE ABOVE NAMED ENTITY AND CONSTITUTES THEIR APPRAISAL ROLL. 2007 APPRAISAL ROLL INFORMATION VALUATION SUMMARY * MARKET VALUE » » » » » » » » » » » » » » » »> $3,387,895,668 - DEFERRED SPECIAL USE VALUE LOSS: AGRICULTURAL $22,887,573 - PARTIAL EXEMPTION VALUE LOSS: DISABLED VETERAN $1,096,000 OVER-65 $67,519,078 HOMESTEAD $0 DISABLED PERSON $4,169,906 POLLUTION CONTROL $14,070 PRORATED ABSOLUTE $1,522,328 - PP NOMINAL VALUE LOSS: $129 * CERTIFIED NET TAXABLE VALUE » » » » » » » » » $3,290,686,584 * ESTIMATED TOTAL NET TAXABLE VALUE INCLUDING SUGGESTED VALUES TO BE USED FOR PENDING ARB ACCOUNTS AND INCOMPLETE ACCOUNTS » » » » » » » » » » » » » $3,373,307,323 'JOHN MARSHALL HIEF APPRAISER 25 JUL 2007 * MARKET AND NET TAXABLE VALUES FOR PENDING ARB ACCOUNTS OR 'a e 1 of 3 2500 Handley-Ederville Road Fort Worth, Texas 76118 (817) 284-0024 g MG251A.FSL TARRANT APPRAISAL DISTRICT 25 JUL 2007 CITY OF COLLEYVILLE 2007 A.R.B Roll Information John Marshall Chief Appraiser Section 26.01(c) of the State Property Tax Code directs the chief appraiser to prepare a list of all properties under protest with the Appraisal Review Board and pending disposition at the time of value roll certification. The values below are from the ARB roll and are not included in the totals certified by the chief appraiser and represented on page 1 of this report. 105 , 933 , 807 Total appraised value of properties under protest 104 , 837 , 305 Net taxable value of properies under protest 73, 102, 910 Estimated minimum taxable value forthe same properties 'aa e 2 of 3 2500 Handley-Ederville Road Fort Worth, Texas 76118 (817) 284-0024 M 6957 R.FSL TARRANT APPRAISAL DISTRICT 25 JUL 2007 CITY OF COLLEYVILLE 2007 Incomplete Property Information John Marshall Chief Appraiser Section 26.01(d) of the State Property Tax Code directs the chief appraiser to prepare a list of all properties that are not on the certified appraisal roll and not included on the ARB roll. The values below are from the incomplete property listing and are not included in the totals certified by the chief appraiser and represented on page 1 of this report. The value of incomplete properties are subject to change and are also subject to appeal before the Appraisal Review Board. 9, 529, 642 Total appraised value of incomplete properties 9 , 517 , 829 Estimated net taxable value of incomplete properties ~ 2500 Handley-Ederville Road Fort Worth, Texas 76118 (817) 284-0024 age 3 of 3 MG2538.FSL s y ~~ o~ c C~ O 4 a~- oa y ~ ~~ Q ~ ay o ~ _~ a ~~~ y ~ .~. O y y .~ ~ 3 s ~~= ~ `~ a y ~ O C~ ~. coo y ~ ~ ~~ ~o Q .~.~,' cD y G y .~ ~O tD O O a '~ ~~ ~ y O ~ ? Oa tD "+~ ~ 4 OI (~ m m m n m -~ S O 7 CD Z O z ~ ~ ~ m ~ `\ ~ D Q ~. m z 3 ~ _° ~ m 0 e v ~• a t ~ ~ V ~ ~ 3 CD n e ~~ O ~~ O 'V ~ ~. cQ v N !A'.~ '~ a /~ D v \~ y y O 0 ~' a~ n 0 4 cn a. an-- a ~' ~ ~~ Q ~ ay o ~ =o Q c~ ~ ~, s ~~ ~. o~,~ s3 ~~~ o M n0 O ~~ ~3 e ~ ~. y ~^ as fCA Q ~ O ~, n ~: ~~ s3 ~y c s ~ '~ as .~ 0 0 o~ s~ c~ ~ ~ 4 O (Q v N~ ~_ 0 m n m m m rn~ `1 r `l \ m (D 0 c~ z 0 J z D 3 ~ m ~ a ~ 3 ~ z c ~. 3 U, , o- D a a m --.1 ~~ C 0 a a m r. n 0 C O 0 ~' cQ C D~ 0 v m C m D C'1 7D0 v ~` r ~ 111 ~, ~~~„ /+ 100 Main Street ''``~ City ~f Co~~eyvi~~e Colleyville,Texas76034 6X 11 `~i ~~,: (817) 503-1000 A enda Briefin www.colleyville.com 9 9 File Number: 0-07-1627 File Number: 0-07-1627 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 08/07/2007 Agenda No.: 5a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a zoning change from CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 20.5 acres out of the R.N. McEwing Survey located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case Z-07-018 Attachments: Location and Zoning Map Notification List Small Lot Subdivisions Response to Comments and Exhibits Statement of Planning Objectives Color Exhibit Plat Exhibit Monument Sign Exhibit Ordinance 0-07-1627 History of Legislative File Version: Date: Acting Body: Action Text: 06/11/2007 Planning and Zoning Commission 06/25/2007 Planning and Zoning Commission 08/07/2007 City Council Title Approval of a zoning change from CC2-Shopping Center and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 20.5 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1 of the Reed Addition, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail, Case Z-07-018 Explanation First Reading and Public Hearing John Fegan submitted a request to change the zoning of 20.5 acres, located at 931-1013 McDonwell School Road and 1100 Lavaca Trail. The applicant is requesting to rezone the property from CC2-Shopping Center and R40-Single Family Residential zoning districts to PUDR-Planned Unit Development Residential zoning district. The applicant is seeking a zoning change in order to develop the property for 63 single family residential lots. Existing Conditions. The property is currently undeveloped. A portion of the property is platted as Lots 1 and 2, Block 1 of the Reed Addition. The remainder of the property is not platted. In order to subdivide the property as proposed by the developer, approval of preliminary and final plats will be required at a later date, upon approval of the rezoning request. City of Colleyville Page 1 Printed on 8/2/2007 Agenda Briefing Continued (0-07-1627) There is an existing telecommunications tower located near the southeast portion of the property; however, the tower is not located on the subject property. A condition has been added to the proposed PUDR ordinance ensuring that an all weather paved surface access be provided to the existing telecommunications tower. Master Plan. The Future Land Use Plan designates the subject property for future office and residential uses. Approximately 10 acres of land is designated for office use. The portion designated for office use is located along the western portion of the property and was intended to abut the previously un-named north-south collector roadway that would have extended between L. D. Lockett Road and McDonwell School Road. The un-named north-south collector roadway was removed from the Master Thoroughfare Plan at the April 19, 2005 City Council meeting. The remaining approximately 10 acres is designated for single family residential use and is primarily located along the eastern portion of the property. This rezoning request is consistent with the residential land use designation but does not comply with the office use designation. The applicant asserts that the infill nature of the property and its location between an existing school and residential neighborhood justify amending the future land use designation from office use to residential use. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The 1998 and 2004 Colleyville Master Plans both stated that densities higher that 1.8 units per acre would be acceptable in areas deemed consistent with sound land use planning principles, such as smaller parcels that make less dense development economically difficult. The proposed development of 63 residential units on this 19.8 acre property will produce a density of 3.17 dwelling units per acre. The proposed residential density is comparable to other approved small lot PUDR developments within the City. The Riverwalk at Colleyville development contains 53 dwelling units on 20 acres fora residential density of 3.2 dwelling units per acre. The Emerald Park development contains 72 dwelling units on 20 acres for a residential density of 3.5 dwelling units per acre. The Rosewood Villas development contains 53 dwelling units on 14.7 acres for a residential density of 3.6 dwelling units per acre. Lot Sizes and Widths. The PUDR regulations require a minimum lot size of 13,000 square feet with a minimum lot width of 100 feet and lot depth of 120 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 6,805 square feet. The minimum lot width proposed is 59 feet with a minimum lot depth of 115 feet. The average lot size is 8,936 square feet. Three lots will have frontage onto Lavaca Trail. The minimum lot size being proposed is 21,788 square feet. The minimum lot width proposed is approximately 100 feet with a minimum lot depth of approximately 200 feet. The lots along Lavaca Trail meet the lot development standards of the PUDR zoning district. The lots will be developed in accordance with the R20 zoning district lot development and setback requirements. 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 site City of Colleyville Page 2 Printed on 8/2/2007 Agenda Briefin_g Continued (0-07-1627) plan for the development shows 21 percent of the total development as open space. The proposed development contains 35 foot wide greenbelt areas that serve as buffers to McDonwell School Road, the existing school and the existing residential neighborhood to the east (Rosewood Villas). The greenbelt open space areas include retention ponds to handle the drainage from this development and a concrete walking trail that meanders adjacent to the ponds. These features are described and shown on the PUDR site plan (see attached copy). All of the open spaces will be landscaped and maintained by the homeowner's association. The PUDR regulations require open space areas adjacent to street rights-of-ways to be landscaped with one-three inch caliper tree per each 50 feet of street frontage. This development has 718 linear feet of frontage on McDonwell School Road, which will require the planting of 14 trees. The applicant is proposing to plant a total of 25 trees within the open spaces of the development. This requirement has been added to the proposed PUDR ordinance for this development. Retention Ponds. The current PUDR regulations limit the amount of open space area that can be used for retention or detention ponds to a maximum of 25 percent of the open space. The applicant's proposal utilizes 13 percent of the open space area. The PUDR regulations require a retention pond to include at least one aeration device, such as a fountain, water fall, etc. This requirement has been added to the proposed PUDR ordinance for this development. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. No additional public trail is required, since a 10 foot wide trail currently exists across the frontage of the development on McDonwell School Road. The developer is constructing a 5 foot wide internal pathway network within the open space areas as amenities for the development. The internal pathway network will be constructed with concrete. The developer has indicated that the HOA will maintain the sidewalks and pathways within this development. Staff is working with the developer to provide sidewalk connectivity from Lavaca Trail McDonwell School Road. The intent of the connection is to provide a pedestrian route to the Keller Independent School District (KISD) Liberty Elementary School campus. Staff recommends a minimum 5 foot wide sidewalk be constructed from Lavaca Trail along the western portion of the development connecting to McDonwell School Road. Site Plan. The developer has provided a site plan, which will be incorporated into the PUDR ordinance for the subject property. Fences, Walls and Screening. The developer proposes to construct an eight foot tall masonry screening wall along McDonwell School Road that will connect to the existing screening wall located on the adjacent Rosewood Villas subdivision. The masonry screening wall will be similar in design to the Rosewood Villas Addition screening wall. The developer also proposes to construct an eight foot tall masonry screening wall along the southeast and southwest portions of this development. Alive landscape screen will be planted along the western boundary line of this development adjacent to the KISD Liberty Elementary School property that will achieve six feet in height within three years of planting. City of Colleyville Page 3 Printed on 8/2/2007 Agenda Briefrn_g Continued (0-07-1627) The fencing and wall improvements will be constructed as part of the public improvements to this development, and prior to the issuance of any building permits for new homes. The fencing and screening proposals have been included in the attached proposed ordinance. Gated/Private Street Development. The developer has indicated that the proposed development will be a gated/private street subdivision with the primary entrance to the development located on the east side of the development along McDonwell School Road. At time of platting, the developer is required by Chapter 10 of the Land Development Code to submit the necessary Homeowner's Association (HOA) documents for review by the City. The HOA documents must indicate that the streets and drainage systems within the development are private, owned and maintained by the HOA, and that the City has no obligation to maintain the private streets and drainage systems. All HOA documents will be reviewed and approved by the City Attorney to ensure conformity to applicable City policies prior to the plat being filed with the County Clerk's office. The plat document will designate the private road as a lot and a note will be provided on the plat stating the HOA is responsible for construction and maintenance of the private road. The developer has acknowledged these requirements and has indicated that the documents will be submitted to the City at time of platting. Access. The development will have primary access on the east side of the development from McDonwell School Road. A secondary, exit only access, located further to the west from the main entrance, will be provided for residents. All gates will be fitted with a Fire Department approved Opticom system. Monument Sign. The applicant proposes to construct a "Welcome to Colleyville" monument sign at the northwest corner of the development. If approved, the sign will be constructed by the developer and maintained by the homeowner's association. Staff recommends the developer postpone construction of the monument sign in order for the City to complete the City branding study, which is a component of the 2008 Work Plan. Completion of the branding study will provide a cohesive theme among City landmarks and gateway monuments. The developer has agreed to postpone construction of the monument and to provide an easement for the placement of a future monument sign on the property. Surrounding Development Trends. The surrounding properties are single family residential, commercial and institutional uses. The properties to the north are zoned AG and R20 and are developed as single family residences (Clairmont Addition). Properties to the south are zoned R40 and are largely undeveloped. Property to the east is zoned PUDR and developed as single family residences (Rosewood Villas Addition). The property to the west is zoned CC2 and developed as the Keller ISD Liberty Elementary School. Tree Preservation. A tree survey of the property will be required after final plat approval, at the time of submittal for a clearing and grading permit. 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. City of Colleyville Page 4 Printed on 8/2/2007 Agenda Briefing Continued (0-07-1627) Drainage and Stormwater Runoff. The developer has submitted a drainage analysis of the site, which has been reviewed by the Colleyville Engineering Department. According to the drainage analysis, the development will provide on-site retention. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting process. 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 65 lot development would add approximately 603 vehicle trips per day to the surrounding roadways. Public Notification. Staff mailed notices to 43 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 received no letters in opposition to the rezoning request. Summary. The proposed zoning change is not fully consistent with the Future Land Use Plan, which designates the western portion of the subject property for office uses. The recommendation for approval is based upon what staff determined is an appropriate land use for the site as this is an infill property located between an institutional use and an existing higher density development. While the proposed development exceeds the residential density of 1.8 dwelling units per acre, staff has determined the location of the development is appropriate for this type of higher density residential development. Planning and Zoning Recommendation. The Planning and Zoning Commission approved the request at the June 25, 2007 meeting by a vote of 4-0. Financial Impact It has been determined that there is no financial impact. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 5 Printed on 8/2/2007 Location and Zoning Map 1000 900 6776 6605 6604 6605 904 ..... ~.._.-----...---....__....-..u....- D - .. ,......~.. ......-__ 6780 E DO t~300 801 ~ 3 709 705 701 613 609 + 605 6~ 6603 6602 901 813 8 09 805 N r ~1~iD-c ` sso, 6600 s6o, Site R-2o -'' ~ ~ ; R-20 _ ~ 5oe __ _ o~ 601 ` 512 ~ 6519 6 5 1 R-20 , 516 6516 6515 6518 17 y' 6512 5 651 13 616 612 608 604 600 511 \ l 6508 65 ~'1 09 651 ~~ } X04 ~ 650 6505 -~ \ ~ 64 650 01 6512 613 609 605 601 ~ 6~ 20 6419 421 6416 6415 641 17 6508 ~ 6412 411 64l 413 1. 6407 40 4 6504 61 61 606 602 6500 64 3 d0 PUD-R 640 - 01 _ __ -- ..... _..~__.` 6420 6500 ~ 25 701 619 615 6tt 607 603 ~ _---- 729 PUb-R • ~ ', 509 505 ! 70 `. 501 ~; m ;• ' . ~ R-r10 R-20 506 502 ~ aoe r ,', I~ i i I it ~ 1100 900 810 712 712 511 ~ Z ` ......:: m ., ~ § + ~ + 507 50 d11 i LAVACA 504 `~0 6118 r - ,- ' s11a ----r t PUD,R ~ eo9a ' PUD-C R-40 R-20 R~0 6111 i~ E110 711 6106 ~~ ~ 6107 \ 6100 50D 1101 1013 1009 909 901 813 809 805 504 6 R~0 ' , 1 Notification List OWNER_NAME 1St State Bank Of Gainesville 1St State Bank Of Gainesville 1St State Bank Of Gainesville 1St State Bank Of Gainesville Adams Homes Inc Alexander, Merrie Etvir Daniel Allen, Larry M Etux Cathy L Chaffin, Michael Etux Deborah Chandler, Raman Chandler, Raman Chandler, Raman Chandler, Raman Chandler, Raman L Gary Panno Inc Gary Panno Inc Gary Panno Inc Glasgow, William Etux Karen Gonzalez, Dolores J Gtp Acquisition Partners II Hbank Texas Ici Development Llc Invitation Park III Lp Ishak, Ashraf Z Etux Irene N Johnson, Terry Etux Eva L Keller ISD Ldds Communications Inc Luke, Frank Etux Sue Martin, Bonnie Stevens McCarley, James Etux Michelle McIntosh, Doyle & Mary Fam Lp Mitzel, Alan J Etux Cindy A Rcp Cedar Creek Park Ltd Riverchase Construction Lp Rogers, Patricia A Ruggere, Judy Schlieman, Albert & Norma Westgate Villas Ltd Westgate Villas Ltd Westgate Villas Ltd Williams, Wesley Etux Carolyna Wilmont, Clyde Etux Carol Zimmerman, Jeffrey K Fegan, John, applicant OWNER_ADDR OWNER_CITY OWNE OWNER SITUS_ADDR PO Box 10 Gainesville TX 76241 006516 Bordeaux Park PO Box 10 Gainesville TX 76241 006512 Bordeaux Park PO Box 10 Gainesville TX 76241 006500 Bordeaux Park PO Box 10 Gainesville TX 76241 006416 Bordeaux Park PO Box 202185 Arlington TX 76006 006412 Bordeaux Park 905 Montreux Ave Colleyville TX 76034 000905 Montreux Ave 6420 Bordeaux Park Colleyville TX 76034 006420 Bordeaux Park 6404 Bordeaux Park Colleyville TX 76034 006404 Bordeaux Park PO Box 611 Colleyville TX 76034 000000 McDonwell School Rc PO Box 611 Colleyville TX 76034 000000 McDonwell School Rc PO Box 611 Colleyville TX 76034 000000 McDonwell School Rc PO Box 611 Colleyville TX 76034 001013 McDonwell School R~ 7001 Lismore Ct Colleyville TX 76034 001016 Lavaca Tr PO Box 715 Colleyville TX 76034 006508 Bordeaux Park PO Box 715 Colleyville TX 76034 006504 Bordeaux Park PO Box 715 Colleyville TX 76034 000721 Arcady Ln 6400 Bordeaux Park Colleyville TX 76034 006400 Bordeaux Park 6408 Bordeaux Park Colleyville TX 76034 006408 Bordeaux Park 1801 Clint Moore Rd Ste Boca Raton FL 33487 000000 McDonwell School Rc 901 Montreux Ave Colleyville TX 76034 000901 Montreux Ave 4101 Gateway Dr Ste A Colleyville TX 76034 000000 St Moritz Pkwy 215 W College St Grapevine TX 76051 001009 Lavaca Tr 104 W Ld Lockett Rd Colleyville TX 76034 001000 McDonwell School Ri 6600 Herbert St Colleyville TX 76034 006600 Herbert Rd 100 Main St Fort Worth TX 76102 001101 McDonwell School Rc 500 Clinton Center Dr Clinton MS 39056 000813 McDonwell School Rc 809 Montreux Ave Colleyville TX 76034 000809 Montreux Ave 1101 W Lavaca Trl Colleyville TX 76034 001101 Lavaca Tr PO Box 2798 Grapevine TX 76099 006601 Herbert Rd 8333 Thornhill Dr North Richland I TX 76180 000000 Lavaca Tr 813 Montreux Ave Colleyville TX 76034 000813 Montreux Ave 32 Village Ln Ste 200 Colleyville TX 76034 000000 Lavaca Tr 308 Calais Dr Keller TX 76248 000904 Montreux Ave 725 Arcady Ln Colleyville TX 76034 000725 Arcady Ln 1013 W Lavaca Trl Colleyville TX 76034 001013 Lavaca Tr 6605 Herbert St Colleyville TX 76034 006605 Herbert Rd PO Box 611 Colleyville TX 76034 000729 Arcady Ln PO Box 611 Colleyville TX 76034 006518 Bordeaux Park PO Box 611 Colleyville TX 76034 006418 Bordeaux Park 6602 Herbert Rd Colleyville TX 76034 006602 Herbert Rd 6520 Bordeaux Park Colleyville TX 76034 006520 Bordeaux Park 501 Lavaca Trl Colleyville TX 76034 000000 Lavaca Tr P.O. Box 1604 Hurst TX 76053 applicant *Rosewood Villas HOA not listed w/ city *Clairmont HOA address not on file w/city Small Lot Subdivision Comparison Min. Min. Min. Ave. Open pprova Subdivision Lots Width Depth Size Size Density Acres Space Date illas of aldwell 43 59 115 6,594 7,408 3.7 dua 11.56 18.3% 4.1.97 reek ridges at 32 56 106 001 6 6,479 3.0 dua 10 24% 12.21.99 iverwalk , iverwalk t 53 60 115 6,331 7,666 3.2 dua 20 20% 4.4.00 olle ville osewood 53 59 110 6,482 6,899 3.6 dua 14.76 21.4% 8.8.01 illas merald 72 60 120 7,200 7,508 3.5 dua 20.19 19.6% 10.1.02 ark iffany 25 60 100 7,200 7,580 3.5 dua 7.16 20% 10.21.03 ark uscany 35 60 110 6,600 7,878 3.9 dua 8.78 6.6% 2.17.04 ambridge 38 50 58 4,500 5,300 4.2 dua 9 22.0% 7.6.04 ark Copperglen 22 55 105 5,924 6,650 3.9 dua 5.6 20% 10.17.06 t~ 0 D Baird, Hampton ~ Brown, Inc. t~ 0 ~ En ineerin & Surve in 9 9 Y 9 June 15, 2007 Mr. Chris Fuller, Development Director Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 Tel 817-503-1050 RE: VILLAS OF COLLEYVILLE Z-07-018 CC2 & R40 to PUDR Mr. Fuller: In an effort to address the various items discussed at the June 11 `" Planning & Zoning Meeting, we've revised the previously submitted plan and offer the following summary of changes: 1. Both Lots 44 and 45 were deleted; and along with some other minor adjustments, we are now proposing an overall Open Space of 21 % within this development. This is an overall 23.5% increase in Open Space. 2. We also propose that all walking paths within the Open Space will be constructed of concrete and not crushed granite. 3. The three larger lots that front Lavaca will remain as R20 lots; and we've stipulated the R20 setback requirements. 4. The Developer will also provide 15 extra (3-inch caliper) trees to be planted within the Open Space. 5. The overall height of the proposed "Welcome to Colleyville" sign will be limited to 10-ft. Please feel free to call with any questions and/or comments. Thank you, BHB Englneering & Surveying Konstantine Bakintas, P.E. Vice President Enclosure: Revised PUDR Exhibit Color Exhibit of Subdivision CC: Mr. John Fegan -Compass e:12007.000.00012007.711.OOOWocslrosponae to p8z comments 08-14-07.doc 920 South Main Street, Old Maln Place Suite 190, Grapevine, Texas 76051 www.bhbinc.com Main: 817-338-1277, Office: 817-251-8550, Fax: 817-251-8810, E:12007.000.00012007.711.0001DOCSUteaponae t0 PdZ Gommerrta 00-14-07.doc ~a o e Ham ton ~ Brown Inc. ~---~ 0 e Engineering 8 Surveying Baird, p Villas of Collewille Compass Realty, LP Statement of PlanniriQ Objectives A residential development would be best suited for this site. As such, the options available are Multi-Family, Residential-Duplex or PUD-R (as submitted). The prestrtt developer/buycr would prefer the proposed PUD-R zoning to allow the development of the site for a use similar to the existing Rosewood Villas (adjacent to the site) as opposed to the higher density Multi-Family or Residential-Duplex zoning. The market for this type of home is the "Empty Nesters" who presently live in Colleyvitle and the adjoining cities. These buyers presently live in larger houses on large lots or acreage. They wish to remain in the Colleyville area and IIve in a smaller home of very high quality with very little maintenance. The proposed development would consist ofsixty-five (65) custom villas similar in style to those in Rosewood Villas. The development would be gated to provide security with private streets and private parks/greenbelta. Development Schedule The development of the property will begin immediately after final approval by the City of Colleyville. It is anticipated that this would occur in the falUwinter of 2007. The development of the property will take 6 to 8 months to complete. The construction of custom homes would begin at that time, with completed homes available in the summer of 2008. It is anticipated that the build out and sale of the sixty-five (65) homes will take approximately twenty-four (24) months to complete, placing the final build out in the summer of 2010. Statement of Utility Provisions City utilities are available to the site as follows: Sanitary sewer. An eight (8) inch sanitary sewer line was constructed across the south end of the property as an "off-site" sewer to serve the Rosewood Villas development. This line will provide sanitary sewer service for the proposed development. Water: An eight (8) inch water line extends across the ICISD site to the northwest comer of the property. The eight (8) inch water line will be extended east to connect to the eight (8) inch water line at the northwest comer ofRosewood Villas. The development will be served with a "Loop" system from the eight (8) inch water line following We proposed streets within the development. Storm drainage: The parks and boulevards will provide the proper storm water detention on site with the drainage discharging at the southwest comer of the site into the drainage system being constructed by ICISD. 920 South Maln Street, Old Main Place Sufte 190, Grapevine, Texas 76051, www.bhbMc.oom RECEIVED Main: 817338-1277, Office: 817-251-8550, Fax: 817-251-8810, E:~2oo7.D00.000~2007,711.OOOVaniny ApDibatbn Statements, - NIAY 1 1 2007 ,Per ............. Economic Development Information Total Custom Homes 65 Average Value $360,000 Total Value (at Build-out) $23,400,000.00 Annual City Property Taxes $812,916.00 Annual City Maintenance Costs Water Distribution System Yes Sanitary Sewer Yes Storm Drainage (private) No Streets (private) No Parka & Greenbelt (Private) No Traffic ImQact Analvsis The development will coasist of 65 homes with an average occupancy of two (2) residents per house. The average vehicle tripe per day is anticipated to be less than four (4) per resident. The maximum anticipated trips per day would therefore be 520. 920 South Maln Street, Ste 190, Grapevine, Texas 76051, Tel 817-251-8550, Fax 817-251-8810, i i ~ i i USE: SINGLE FAMILY ~~~+++ ZONEDI R-20 USE: 87NCLE FAM/LY ~ /' ZONED: AG ~ ~ USE: SINGLE FAMILY ZONED; R-20 i i I /; I i ~ ~ ~.-~ I ~ ~ ~ ~ I ~ I ~ 1 USE: SfNCLE FAM/LY ZONED: R-20 J~pp~ .4CHOOL ROID ~ -------------- ~ ~ ..- . .~. .----.- -L-. -_-.- UMp ROAD NO. 9106 I x ~ ~ , -, ~ ~~ , r ~rELaouE ro coLLtmttr; ~. ~.ni a i ~ I ~ r Jrn r ,.auk r I'r.'..:~ - - I y ~~- ENIRY SWN "s ' € ~' un~ r _ J ,1 I~ >. uw s I - •e3~x r ao i r I ~ ----- ~ J -- ~ - ~ ' ~r=====___ =====i~ Jan r ua r 1.17t a amo r ~. e.~ ~-- --~ I-- II II - - -I - _ - -- - - - r?;~ I II p II II 7,a1 tr ~ Mit r I ~,vi r 41u a ~ '.{{ ---.- I _-. 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NEVISIDNS DATE Q o ~ Baird, Hampton do Brown, Inc. ~ ~ ~ q at o McDOnwoR School Rond oc sarco: ownm: cNECyto: og re [7 Engtnaer(nq d< Survayinq m R CelbyvRlq Tarua JO P JDP KB 1/ P/7007 s W ~°.r°wm: W:Oa:-ee~r-Tra:ay,wrr~. 1z._~„ I! ~ P I I i ~ ~! ~~ ., !~ i Y ___. ___ i 5'-0" ORDINANCE 0-07-1627 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 20.5 ACRES OUT OF THE R.N. MCEWING SURVEY AND LOTS 1 AND 2, BLOCK 1 OF THE REED ADDITION, FROM THE CC2-SHOPPING CENTER AND R40-SINGLE FAMILY RESIDENTIAL TO 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-07-018; 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 Ordinance 0-07-1627 Page2of6 property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 20.5 acres out of the R.N. McEwing Survey and Lots 1 and 2, Block 1 of the Reed Addition from the CC2-Shopping Center and R40-Single Family Residential to 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 3.17 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. CONCEPTUAL PLAN AND PLATTING a. The subdivision shall be generally consistent with the conceptual site plan attached 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 0-07-1627 Page 3 of 6 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the conceptual site plan, which is attached as Exhibit "B", shall control where such building line setback is different from the following requirements. a. Minimum Lot Size 6,655 square feet b. Maximum Lot Size 21,788 square feet c. Minimum Lot Width 59 feet d. Minimum Lot Depth 115 feet e. Front Building Line 15 feet f. Side Building Line 5 feet g. Rear Building Line adj. to greenbelt 5 feet h. Rear Building Line interior lots 10 feet i. Maximum Lot Coverage 60 j. The lots with frontage along Lavaca Trail shall adhere to the R20 zoning district lot development standards and setbacks. 5. OPEN SPACE a. This development shall provide a minimum of 21 % common open space, as shown on Exhibit "B", which shall be for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. A thirty five (35) foot wide greenbelt shall be provided along the common property line with the Rosewood Villas Addition and the Keller Independent School District Liberty Elementary School property. c. Open space may be utilized for storm water retention not to exceed twenty-five (25%) of the common open space area. 6. PRIVATE SIDEWALKS AND STREETS a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with Ordinance 0-07-1627 Page 4 of 6 the requirements of the Colleyville Land Development Code. b. The walking paths located within the open space areas shall be constructed of concrete. c. This development may be developed as a gated community with private streets in accordance with Chapter 10 of the Colleyville Land Development Code. d. All gates will be fitted with a Fire Department approved Opticom system. 7. SCREENING a. An eight (8) foot tall masonry fence shall be constructed along the frontage of McDonwell School Road. The masonry fence shall be equal in quality and appearance to the Superior Stone fence, as shown in the Superior Concrete Products brochure, attached as Exhibit C -Specifications for Screening Wall. b. Fourteen (14) trees shall be planted within the open space area adjacent to McDonwell School Road. There shall be one-three inch caliper tree per each 50 feet of street frontage. c. Alive landscape screen will be planted along the western boundary line of this development adjacent to the Keller Independent School District Liberty Elementary School property that will achieve six feet in height within three years of planting. The landscape screen shall be installed prior to the issuance of Certificates of Occupancy for Lots 1- 12. 8. OTHER a. The minimum square footage for all houses constructed in this subdivision shall be two thousand six hundred (2,600) square feet. b. An all weather paved surface access shall be provided to the adjacent lot with the existing telecommunications tower. An ingress/egress easement to the lot shall be shown on the preliminary and final plats. c. The developer construct a "Welcome to Colleyville" monument sign at the northwest corner of the development upon completion of the City branding study. The sign will meet the design specifications as required by the branding study. The sign will be maintained by the homeowner's association. d. Retention ponds shall include at least one aeration device per pond. Ordinance 0-07-1627 Page 5 of 6 e. The developer shall plant a minimum of 25 trees within the open space areas of the development. The trees shall be a minimum of 3-caliper inches at time of planting. The 25 trees will be in addition to the fourteen trees required per Section 7.b of this ordinance. 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. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Ordinance 0-07-1627 Page 6 of 6 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map 6605 6604 83~J0 6603 6602 PUD-~ 6601 6600 r Z m ~0'~ pIJD-C R~0 +\1 6776 1000 900 -t ~....._........_.... _. -- --....... _.........----- _ __. 6600 6605 904 D ~ 705 ( ! 613 609 605 6780 6~ 1000 905 901 813 809 80 5 801 3 709 701 + N 6601 R-20 ~ R-20 AG _ ~--- --._..~ --. _._ .......~..--- -.. _... "~~ 5oe 601 - ,1 512 ~ i I 6619 R-20 516 6516 6515 6516 17 ---J 8512 . 5 1 651 13 616 612 608 604 600 511 i 6508 65 ~'1 09 651 l 6504 65 650 05 - - 65~ 6512 613 609 605 601 6 j SITE ~ Y ti420 6419 6 6421 17 1 b416 6416 414 6508 6412 411 641 413 ~ 6407 40 4 6504 61 61 606 602 6500 , 64 3 PUC3-R 640 01 _ ~. _ _ _ ... ._~._._ , 6420 ~ 6500 ' ~ 25 701 619 '615 611 607 603 \ 729 PUD-R R~tO 1100 R-40 R-20 R-20 900 810 509 505 501 l' r i 506 6a2 ~' 4as 712 712 511 ~ 507 50 ~ ' all a 500 r' 611a „-,--____~` 6114 r PUD-R RHO ~ 6110 6111 711 6107 ~'~~ 6106 1 500 6100 504 ,- -_ 6 1 R-20 1101 1013 I 1009 909 ~ 901 I 813 y 809 I 805 Exhibit B -Conceptual Site Plan - I T .~ ,,,~ : ~ ~, r~ ".~, 3 i i ~ ~ti~:wT xlti4 Ss~ ]f~ t -- .. _ _ as .»r , H ~ ~ ' ~ vk • ~ I~ ,fn r ~ ~. _ i` "~~ r>w r I I awi r .,:. ,~ ;,M r _~ -- _ ~ .{ nr . ~ x ~ ...:w ...s ,. p ~ ~. II II ~ ~n N I! ~{ia T ~ ni V I m M E ~L =___= J~ K I - ~ jjj `7 ~ aft: a .,.:. .f Fsl~__~ I ~''j ~~ ~ ..~. .,~.. ~ i ._ ~~~ _ ,. ` s... ., ! V tix •r E' ~ a ,i • i N f fNI~~lY ~;.f~~ ~((I A ! Z I _ ~~ tv ~ ; (I ~ H n. G y S ___. [ft C+1~~.. ~ y ~ 4" ~ fs... ~ f -d ~y ! ~ '. u)"i is ~~ ~.+~+ o _ ' I I f~l AMH ~ w ~aai . „y~ w .r. ~.`.~ 1 P :1®.. '"""~"!""s"!!" +tS~ - - s.~ :~~ Fem. K .~ r~ .. ...>..y,.~__ ______~~~r..__ _______________~-______ V~~~~ Q~ ~Vfwi~~7 Y~~~~ Exhibit C -Specifications for Screening Wall ~~-o• E ~ .~ ca+~x !~crsY +c~r e~ros~a a ~~ { __ ~~~ o L" 1 C~ ~ LL oaf ~ _' ~ C~ > r c ~r ,- ~~ t Mfg ~r G1i+E F'CaST .;~, ,,, City of Colleyville 1~0 Main Street ~~~` ~~ ~ Colle ville, Texas 76034 www.col eyvi le.Ocom Agenda Briefing File Number: 0-07-1628 File Number: 0-07-1628 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 08/07/2007 Agenda No.: 5b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial property on Lot 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7970 Precinct Line Road, Case Z-07-023 Attachments: Location and Zoning Map Notification List Planning Objectives Marketing Letter Exterior Building Elevations Zoning Exhibit Alternate Site Plan and Applicant Letter Ordinance 0-07-1628 History of Legislative File Version: Date: Acting Body: Action Text: 06/25/2007 Planning and Zoning Commission 07/09/2007 Planning and Zoning Commission 08/07/2007 City Council Title Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial property on Lot 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7970 Precinct Line Road, Case Z-07-023 Explanation First Reading and Public Hearing Bryan Chandler submitted a request to amend the PUDC-Planned Unit Development Commercial requirements of 2.5 acres, located at 7970 Precinct Line Road. The applicant is requesting to rezone the property in order to amend the existing PUDC requirements, which currently permits a restaurant with drive-through service and CC1-Village Retail zoning district uses. The applicant is seeking to amend the PUDC requirements in order to develop a self storage facility. The request will require amendments to the existing PUDC ordinance for this property. Previous PUDC ordinances for this property are summarized below: Ordinance 0-96-1053: Original PUDC ordinance that was approved by Council in 1996 permitting dry cleaner (station only), apparel alteration, interior decorator and all uses classified as CC1 retail uses; City of Colleyville Page 1 Printed on 8/2/2007 Agenda Briefing Continued (0-07-1628) 2. Ordinance 0-99-1146: Amendment in 1999 changing the concept plan and uses to allow only CC1-Village Retail uses and granting a special use permit to allow the sale of alcoholic beverages for off-premise consumption within a 3,600 square foot convenience store with gasoline sales on lot 1 R and the sale of alcoholic beverages for on-premise consumption within a restaurant setting on lot 2R (subject property) 3. Ordinance 0-00-1258: Amendment in 2000 changing the concept plan and uses to allow a restaurant with drive-through service on the subject property Existing Conditions and Surrounding Properties. The subject property is currently undeveloped and is the remaining parcel within this PUDC zoning district. The adjacent convenience store to the north is zoned PUDC-Planned Unit Development Commercial. The adjacent property to the south is zoned R40-Single Family Residential and the current use is the Bear Valley Community Church. The adjacent property on the east is zoned R-40 -Single Family Residential and is currently vacant. Applicant Proposal. The applicant is proposing to construct a self storage facility. The main building located at the front of the lot is intended to serve as an office and includes a residential unit for the property manager. The developer has provided a Statement of Planning Objectives that describes the nature of the proposed development and a development schedule. Master Plan. The Col/eyville Master Plan designates the future use of this area for retail land uses. The proposed use is consistent with commercial developments. Landscaping and Open Space. The applicant is proposing to provide 17.0% of open space, which is three percent less than required per the PUDC development standards. To offset the reduction in open space area, the applicant intends to provide additional landscaping that includes, but is not limited to, shrubs, seasonal plantings, and trees within the open space areas. The quantity and type of landscaping within the open space areas will exceed the commercial development landscaping requirements as stated within the Land Development Code. There will be a 40-foot landscape buffer along the frontage of Precinct Line Road. Exterior Building Elevations. An exhibit depicting the exterior building elevations for the office and storage unit building located along Precinct Line Road is attached to the proposed ordinance. The applicant has agreed to add articulation along the roof line of the portion of the storage units within the development that are visible from Precinct Line Road. Site Plan. The developer has provided a conceptual site plan for the subject property that is attached and has been included within the proposed PUDC ordinance. The site plan consists of approximately 24,000 square feet of climate controlled self storage facilities, approximately 35,000 square feet of non-climate controlled facilities and an approximately 1,600 square foot office and residential unit. The intent of the office and residential unit is to provide a 400 square foot office for the management of the property and a 1,200 square foot residence for the property manager on the second story of the building. City of Colleyville Page 2 Printed on 8/2/2007 Agenda Briefing Continued (0-07-1628) Access to the storage units will pass through a single gate. The gate will be constructed in accordance with the standards of the Land Development Code. An emergency access gate is located toward the rear of the property on the south side. According to the plat and the existing PUDC zoning requirements for this property, a cross-access easement is required along the front of the property linking the convenience store on the north and the church to the south with the subject property. The applicant is requesting a waiver from this requirement in order to restrict traffic on the property to customers only for security reasons and to maintain a higher percentage of open space. Staff recommends the cross-access easement be retained in accordance with the Land Development Code. Drainage and Stormwater Runoff. The applicant has submitted a preliminary drainage analysis. The Engineering Department has reviewed the analysis and determined that it is in accordance with the original drainage plan for the entire development, which includes the convenience store. The subject property will utilize the existing storm drainage system to handle the majority of the runoff and the discharge that will travel to the southeast portion of the property. Fencing and Screening. The perimeter fencing along the boundaries of the development will consist of a combination of masonry fencing panels and the exterior masonry walls of the storage facilities. Both the fencing and the exterior walls will provide an opaque screening element that shall be 8-feet in height. The applicant intends to utilize the facade of the buildings to provide the appearance of a residential perimeter screening fence. Trails and Sidewalks. A ten foot wide concrete trail will be constructed .along Precinct Line Road by the applicant per the requirements of the Colleyville Pathways Plan. The trail will link to the existing trail segments on both sides of the subject property. The trail is depicted on the revised site plan. Public Notification. Staff mailed notices to 10 adjacent property owners regarding this request. Complimentary notices were sent to the Emerald Park and Reatta Place Homeowners Associations. 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. The proposed use shares the same characteristics with a commercial use as opposed to an industrial use for the following reasons: (1) It is on a small tract of land (all existing self storage facilities in Colleyville are over 5 acres); (2) There will be no outside storage allowed; and (3) The proposed building design and articulation will incorporate commercial design standards in accordance with the Land Development Code. Staff deems the requested use consistent with the goals and objectives of the Master Plan. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the July 9, 2007 meeting by a vote of 4-2 with the following conditions: City of Colleyville Page 3 Printed on 8/2/2007 Agenda Briefing Continued (0-07-1628) 1. Meet with the Fire Marshall to determine a final secondary point of emergency access and, upon determination and approval by the Fire Marshall, depict the secondary access point on the site plan. 2. Remove all impervious cover from the front 40 foot landscape buffer and depict this change on the site plan and the required open space totals. 3. Seek approval from The Texas Department of Transportation for an independent curb cut and driveway approach into the subject property. If approval cannot be obtained then the cross-access easement, as required in the original PUDC ordinance, shall be maintained for the subject property. Alternate Site Plan. The applicant has submitted an alternate site plan in response to the third condition as recommended by the Planning and Zoning Commission. The timeline for approval by the Texas Department of Transportation (TXDOT) of the curb cut and driveway approach onto Precinct Line Road may take longer than the applicant anticipated. If TXDOT does not approve the curb cut and driveway approach, the applicant proposes to develop the property as shown on the exhibit titled "Alternative Site Plan" that is attached. The draft ordinance states that the alternate site plan shall be permitted if the original site plan does not meet the criteria as stated within the Planning and Zoning Commission recommendation. Financial Impact It has been determined that there is no financial impact. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 4 Printed on 8/2/2007 Location and Zoning Map SFf29 i 1 Ruo-R 5810 ~ 5615 O~ 5600 5605 8[R~p - 5816 21 flTERUNA.~--.gRE9CEM,__' R-20 t5 5872 ~ 5881 ruc~; ~ ~ ~ m 5an~ oo saol 599fi 5997 i o~_n aFrr _ __ n1~ ~~ 08 7 ~ Rao 11n 700 1121 19 1 Rao %11 Site 1117 99 1 OB LS 05 e OI 81 Rao 00 j 22 21 2 ', 7900 79 13 `b PUD-R ~1s ~ nxesrr id /. Notification List OWNER_NAME Atlantic Oil & Gas Inc Atlantic Oil & Gas Inc Bear Valley Community Church Herron, Mark D Etux Bliss A Herron, Mark Etux Bliss Jones, Norma J Etal Victron Stores Lp Emerald Park HOA Reatta Place HOA Colonial Two Ltd., applicant OWNER OWNER OWNER OWNER_ADDR _CITY _STATE _ZIP SITUS_ADDR 4120 W 15Th St # 200 Plano TX 75093 007970 Precinct Line Rd 4120 W 15Th St # 200 Plano TX 75093 007950 Precinct Line Rd 7900 Precinct Line Rd Colleyvill~ TX 76034 007900 Precinct Line Rd 1500 Blue Bonnet Dr Fort Wort TX 76111 000000 W L D Lockett Rd 1500 Blue Bonnet Dr Fort Wort TX 76111 001121 W L D Lockett Rd 600 Burnet Dr Keller TX 76248 008000 Precinct Line Rd PO Box 2599 Waxahac TX 75168 007990 Precinct Line Rd PO Box 1232 Colleyvill~ TX 76034 5708 Texas Trail Colleyvill~ TX 76034 750 N. Carrol Ave Southlak~ TX 76092 applicant COLONIAL TWO, LTD Precinct Line Colleyville, TX Statement of Planning Obiectives Ordinance 0-99-7146 governing the development of the southeast corner of Precinct Line Road and L.D. Lockett Road was adopted in 1999. The owner's intent was to sell the site to a developer. Colonial Two, LTD plans to develop aself-storage facility that will be a compatible use with the gas station to the north and the church to the south. The facility will be screened on all four sides by the back of buildings that give the same appearance as residential subdivision screening fence. The frontage on Precinct will be architecturally comparable to the existing office buildings on Precinct. Hours of operation will be similar to the hours of the existing retail in the area. Vehicle traffic to the site will be of lower intensity than restaurants and most retail uses. This request seeks approval of: 1. An amended PUD-C site plan; 2. An adoptin g ordinance to include the following conditions: A. The site plan is conceptual only. The final location of all buildings will be determined during review by the staff level Development Review Committee. B. 40 foot landscaping setbacks shall be maintained along Precinct Line. C. The total number of caliper inches of trees maintained on site slmtl be as required by current Land Development Code. D. The curb return radius for driveways shall be a minimum of 20 feet. E. Cross Access easements will be removed as they are unnecessary. F. A security quarters for the property manager of approximately 1,200 square feet. G. The uses pen~nitted shall be an office of approximately 400 square feet for management of property, security quarters for managers of approximately 1,200 square feet, a climate controlled self-storage building of approximately 24,000 square feet, and non-climate self-storage buildings totaling approximately 31,000 square feet. RECEIVED INAY 2 9 200' Per ............. Development Schedule Colonial Two, LTD plans to begin construction immediately following the approved amendment to the PUD-C and staff approval concerning development review. Development could begin as soon as August of this year. Statement of Proposed Ownership Colonial Two, LTD will manage and maintain the self-storage facility upon completion of construction. Statement of Utilities to be Provided All utilities to site. Eca~nomic Development Information Total Building Area Est. Sales Per Sq. Ft. Est. Sales Per Yr _ Est. Ad Valorem Tax 56,600 $0.21 $12,000 $70,000 RECEIVED iNAY ~ ,y 200' Per ............. - ... .... ~,. , ~ ~ ~ x .1 11 r~t~._uf~ krui ~ .rgti' ,ih n,. ~i~, ,(~C. June 21, 2007 Via Email: Copy: Copy: Fton Ruthven, AICP Community Development Coordinator 100 Main Street C:olleyville, TX 76034 Fte: SE Quadrant LD Lockett & Precinct Line Colleyville, Texas Dear Ron: fps I am sure you are aware, I have been marketing the above referenced property for the last five years. The property is currently under contract and the buyer is requesting a F~ublic storage facility use. I would like to highly recommend you consider this use for the property as there has keen little or no retail interest in this tract over the past five years. Previous efforts to Care-lease a strip center planned to be built by the current owner were unsuccessful. To slate, the market has not dictated such retail activity and this storage facility use would Kirevent the tract from remaining vacant any longer. If you should have any questions or c omments, please contact me at 972-361-5183. E3est regards, Lynn Dowdle :>enior Vice President t S11f131'371IM3117J 3'Jtl2101S'dl3S IHINOl00 {`i ` aw«wsan~ un.aww O\f~1L ~fNIF Munc Ynfp<rlylw ~nr r~1 °m c i i i i i i i~ ti v c c y ~ ~ ~ ~ ~! i ~ i ~ 1 ! a ~ ,:. a, t 7 1 ,; F. ~l 1~ i ~t 1 ,'I,i` Fi~~~i~ i l ; { S ~ i 't' ~, iii{ ~ )} Y t~, Q {i ~~ I '''1 ~!{::'' 1' i ~, ,~ ~ ii{~,, ~. i#s.; ~~ ~~;,; 'f ~a (jl !iij ~~?: ' y Y ~; ~; - ~~i ~ ~~ -~~ ~~ ~$. ~ ~~; j(l ,~; 'i li~i:i ;;~iiil: ~,;.. i' '~~ ;i;}''i~ tt ;,1 ¢. i f~' ~~! i tj .4i ~ ~ ';ijjt: ;; ~i ~. ~~. r~ {~ ~; ~ , i; I i-E~ i, j ~. rS I~ '~`I} '~ ` f~ tip ~_ '~ • 1 ~ ~' if ~~ O o W _~ W ~ U W Q ~ ~ m C m r C) 'j C*1 `~ G; ~'" C 'Y ~;,3 a R PRECINCT ~ -<<; ~ 24' FIR~F~.Aq~~ ~o 0 1 1 I ~ ~' ~ I a O I ~ ~ $ 8 I .. G z ~ ~ • ~ • ~. °° I ~ . . a H f~ V N '1 V ~ m W I _ ..~ ~. N r I ~ ~ m b p ~ r ~ l m \ . ~ NORTt ~ o ~` 3 € 3 8 ,7` A R E '0 I 00 • •S ,00'23'00' • V 340.97' O Q ZddEED R-40 -VACANT a ~~ ma•" PI WNVf'!O O~OOO~"' a ~ " a e~ c ,,., r rl ~ -~ ~~AZ .Ixa~ ~..yza~a V~ a~ A'^7A0~ yZdZNH N r V .. ~Qt~Z Naar ~ DDAmN~ ~ '~ A N a y~ C ~ II m j a~ p ~ ~ V Z V ~ ~ a ,y .. FFF ~ O• t~ Q' D.~r N # y N ~j, N II ~ ~ c a ~ ~ 00 M N~ m h ~ II W ~ a ~~ccjj~i 00 N 'rl d v X '~ "~ II u o R^AD~ ~ 0 6.08' 1 N 0 ORDINANCE 0-07-1628 AN ORDINANCE AMENDING ORDINANCE 0-00-1258 CONDITIONS, AND AUTHORIZING A SELF STORAGE FACILITY; 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 0-96-1053 on December 3, 1996, to establish the zoning for 4.3 acres of property located at the southeast corner of Precinct Line Road and L.D. Lockett Road; and WHEREAS, the City Council amended Ordinance 0-96-1053 on March 2, 1999, by enacting Ordinance 0-99-1146 relating to a special use permit to allow the sale of alcoholic beverages for on-premise and off-premise consumption; and WHEREAS, the City Council amended Ordinance 0-96-1053 on December 19, 2000, by enacting Ordinance 0-00-1258 relating to a restaurant with drive- through service; and WHEREAS, the developer has requested an amendment to Ordinance 0-96-1053 to permit a self storage facility, under Case Z-07-023; 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 0-07-1628 Page 2 of 5 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 Ordinance O- 00-1258 regarding permitted uses authorizing a self storage facility. 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 2.5 acres of Lot 2R, Block 1 of the Atlantic Oil and Gas Addition, as depicted in the attached Exhibit "A". 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 self storage facility. b. The facility shall include an approximately 1,600 square foot office and residential unit. The intent of the office and residential unit is to provide a 400 square foot office for the management of the property and a 1,200 square foot residence for the property manager on the second story of the building. c. 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 development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B", which shall not be considered the replat. Ordinance 0-07-1628 Page 3 of 5 b. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "B"; however the lot layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. c. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C" if the Texas Department of Transportation does not approve the curb cut and driveway approach, which shall not be considered the replat. d. The development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C" if the Texas Department of Transportation does not approve the curb cut and driveway approach; however the lot layout may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions 3. SCREENING a. The perimeter fencing along the boundaries of the development will consist of a combination of masonry fencing and the exterior masonry walls of the storage facilities. Both the fencing and the exterior walls will provide an opaque screening element that is a minimum of 8-feet in height. The applicant intends to utilize the facade of the buildings to provide the appearance of a residential perimeter screening fence. 4. LANDSCAPING AND OPEN SPACE a. The development shall provide a minimum of 17 percent open space. b. A 40-foot landscaping setback shall be maintained along the frontage of Precinct Line Road. c. The quantity and type of landscaping within the open space areas will exceed the commercial development landscaping requirements as stated within Chapter 4 -Landscaping and Buffering of the Land Development Code. 5. EXTERIOR BUILDING ELEVATIONS a. The exterior building elevations shall be generally consistent with the Exterior Building Elevations, labeled as Exhibit "D". b. Exterior roof line articulation shall be provided along the portion of the storage units that are visible from Precinct Line Road. 6. SITE PLAN Ordinance 0-07-1628 Page 4 of 5 a. All gates located on the property shall be constructed in accordance with the standards of the Land Development Code. 7. TRAILS AND SIDEWALKS a. A ten foot wide concrete trail shall be constructed along Precinct Line Road by the applicant per the requirements of the Colleyville Pathways Plan. 8. OTHER a. The curb return radius for driveways shall be a minimum of 20 feet. b. Buildings over 6,000 square feet shall have a sprinkler system and alarm 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. Sec. 10. THAT Ordinance 0-99-1146 and 0-00-1258 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. Ordinance 0-07-1628 Page 5 of 5 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 Exhibit A -Zoning and Location Map ~~9 '~ PUD-R 51320 i 5025 04 5800 5805 8000 21 :'16 $jERLING,r CRESCENT f~-2~ r:-12 15 1 5801 PUD-C ~ Q '; D7 5811 0 0 W DO 5601 ~ ~ 5997 5996 ... L D LbCKETT 5714 5704 O8 7 R-d 0 ~, 1217 DO i 1121 13 1 ' ' R~0 SITE X12 1117 ' Og 5 1 ,a ~ 7950 08 ~ E r 5 05 0 04 Ot 8 R-40 5 00 i 1 22 ~' 521 52 7900 16 13 55 PUD-R 5616 TexasTr 514 Exhibit B -Conceptual Site Plan a 'n, 5 e$ g ~~ ~ ~ ~ ~ PRECIN LI E ROAD ar r. s• ro ~ I B 9 sa• "R`r}.apF t~ s ty,~ 9 8 ~ •b` a ~ rn ~ a ~ ~ + n j i ~ [ ~ r A ~~~- '+ ~ ~ ~ ~ ~ ~ ,t ~ ~ n~4TH 6+OB~ ~ s ~ ~ r7, °- ~ 9 ~_ 3 ~ ~ €9'"~ ~~ a ~ ~ ~i~ ~' ~ d ••S 0023'00' Y 740.97''• 11 4 _ PPS Q ~ Silm R-aa - vaC~T ! ~ q ~ -ao-~rrrn ~ ~ ~ ~ ~LTSro~ii1 7~x=4a i ~It~itnrod ~~ ~~~~~ ihng ~cgsn n} n ~=SIZI" ~, ~y ~ ~6N~~~} ~ N a~to ~ 3 ~~~~~ ~ ~ ~ yr ~'<-ri ''~~ ~~ ~ a o Wnv "~, ~~P f= ~ b ~ ~ ~ ~ A~Ib ~ \ - ~ ~ ~~ ~ UI ~ '] 3 b S'e ~ Q +c ~~ S! ~ ~ °m ~~ ~ ~ ~ : ~ o ~ ~ K 6 .~ Exhibit C -Conceptual Site Plan Exhibit D -Exterior Building Elevations ~ l(~ ~ ~' ~ City of Colleyville 100 Main Street C ll ill T v ~ ~ ~ ~~ o eyv e, exas 76034 ~~ (817) 503-1000 ~~ - Agenda Briefing www•colleyville.com File Number: 0-07-1629 File Number: 0-07-1629 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 08/07/2007 Controlling Body: City Council Requester: Police Department Agenda No.: 5c Final Action: File Name: Approval of replacing Ordinance 0-05-1539 for the establishment of school zones within the City of Colleyville Attachments: Ordinance 0-50-1539.pdf Ordinance 0-07-1629.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/07/2007 City Council Title Approval of replacing Ordinance 0-05-1539 for the establishment of school zones within the City of Colleyville Explanation First Reading and Public Hearing On September 6, 2005, City Council approved Ordinance 0-05-1539, establishing the speed limits and school zones within the City of Colleyville. Beginning with the 2007 school year, the Grapevine-Colleyville Independent School District will open the new Colleyville Elementary School, in the 5900 block of Pleasant Run Road. It is necessary to amend Ordinance 0-05-1539 by adding an additional school zone on Pleasant Run Road. The new school zone will be located Pleasant Run Road. The school zon Pleasant Run Road and Beverly Drive Pleasant Run Road and Shelton Drive. between the 5600 block and the 6100 block of will contain a crosswalk at the intersection of and a second crosswalk at the intersection e of Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 8/2/2007 ORDINANCE 0-05-1539 AN ORDINANCE REPLACING ORDINANCE 0-05-1518, CHAPTER 94, TRAFFIC AND VEHICLES, MAXIMUM PRIMA FACIE SPEED LIMiT AND SCHOOL SAFETY CONES WHEREAS, the City Council deems it necessary for the health, safety and protection of school children and the public in general to establish the maximum prima facie speed limit and the modified school safety zones within the City; and WHEREAS, all statutory and legal prerequisites for the passage of this ordinance have been met; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT City Code, Chapter 94, Traffic and Vehicles, Section 94-48. Speed Limits -Generally, be amended as follows (a) When posted and un posted. !t shall be unlawful for any person to run, drive, direct or permit the running or driving of any motor-driven vehicle in, upon, along or across any public highway, street, alley or thoroughfare in the business, commercial, or residential districts within the corporate limits of the City at a greater rate of speed than 30 miles per hour unless otherwise pasted. It shall be unlawful for any person to run, drive or permit the running or driving of any vehicles on roads, streets and highways designated as school safety zones, and as marked by signs erected on such roads, streets and highways, during the school season and between the hours designated on such signs, or when indicated by flashing lights and a sign stating when flashing, at a greater rate of speed than 20 miles per hour. (See section 94-49 for speed limits on designated streets.) (b) Emergency vehicles. The provisions of subsection (a) of this section shall not apply to emergency vehicles when responding to emergency calls. (c) When police oNicer directs. Nothing in section shall be construed as prohibiting the driver of a motor vehicle from obeying the instructions of any police officer directing traffic, or any sign, signal, or device directing the movement of traffic. Ordinance 0-05-1539 Page 2 of 2 Sec. 3. THAT City Code Chapter 94, Traffic and Vehicles, Section 94-49. Same on specific streets be amended as follows: Upon the basis of an engineering and traffic investigation the following prima facie speed limits for vehicles are hereby determined and declared for vehicles traveling upon the named streets and highways, or parts thereof. The location of such school zones hereby established. (Exhibit 4~A This Ordinance shall become effective from and after its passage as provided by law. AND IT IS 50 ORDERED. The first reading and public hearing being conducted on the f~~day of 2005. The second reading and public hearing being conducted on the ~ day of ~~~~~ Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: ~~n.~ CITY OF COLLEYVILLE 1--~~~-~~~ ~~ David Kelly Mayor Matthew C.G. Boyle City Attorney Exhibit 1 School Safety Zones Stroet by g~ Portion of Street Speed in t4~les Number Per Hour Glade Rd. 263 feet West and 783 feet East from the centerline of the crosswalk 400 -700 l ocated In the 400 block. 20 Brartstord Rd. 260 test North and 840 teat South from the oerrter line of the Ik 4700 - 41f00 located in the 4700 bock. ~ Center Park 867 feet East from the centerline of the crosawalk app kxscted in the 500 tokock. 20 Cl»eksparger Rd. 745 fast West and 798 feet East from the oenteriine of the crosswalk 600.900 kocated in the 500 block. ~ gcpart St. 1,472 feet West and 481 feet East from the centerline of the crosswalk 000 _1000 IocaRed in the 1000 boric. ~ CopeyvNb Blvd. 1200 feet North and 388 feet South from the cerrteriine of the crosswalk 4800 -6000 located in the 4600 block. ~ Hall Jottrtson Rd. 533 feet East from the centerAne of the crosswalk 1200 located in the 1200 block. ~ Frtrritape St. 160 foot North end 949 feet Sarah irom the oenterlirte of the crosswalk 5200 located in the 5200 block. 20 Pod Rd. 630 feet North and 5133 feet South from fhe centerline of the aesawalk 5100 -5400 kocated in the 5200 block. 20 Olenhope St. 556 feet East from the certtertine of the crosswalk 8400 kocated in the 8500 block. ~ C,IeNape St. 352 fast South from the oenterlirte of the crosswalk 8500 kxated in the 8500 bkodc. ~ tibnhope St. 541 feet East from the oenterlir~ of the crosswalk 8800 kocated itt the 8600 block. ~ McDonweY School Rd. 180 feet West of ttw western property Nne and 260 feet East of the eaatem 1100-1000 property line located in the 1100 block. ~ ORDINANCE 0-07-1629 AN ORDINANCE REPLACING ORDINANCE 0-05-1539, CHAPTER 94, TRAFFIC AND VEHICLES, MAXIMUM PRIMA FACIE SPEED LIMIT AND SCHOOL SAFETY ZONES WHEREAS, the City Council deems it necessary for the health, safety and protection of school children and the public in general to establish the maximum prima facie speed limit and the modified school safety zones within the City; and WHEREAS, the City has conducted an engineering and traffic investigation and study to determine the proper prima facie speed limits for vehicles in compliance with State law; and WHEREAS, all statutory and legal prerequisites for the passage of this ordinance have been met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT City Code, Chapter 94, Traffic and Vehicles, Section 94-48, Speed Limits -Generally, be amended as follows (a) When posted and un-posted. It shall be unlawful for any person to run, drive, direct or permit the running or driving of any motor-driven vehicle in, upon, along or across any public highway, street, alley or thoroughfare in the business, commercial, or residential districts within the corporate limits of the City at a greater rate of speed than 30 miles per hour unless otherwise posted. It shall be unlawful for any person to run, drive or permit the running or driving of any vehicles on roads, streets and highways designated as school safety zone at a speed greater than specified in section 94-49 on designated streets. (b) Emergency vehicles. The provisions of subsection (a) of this section shall not apply to emergency vehicles when responding to emergency calls. Ordinance 0-07-1629 Page 2 of 2 (c) When police officer directs. Nothing in this section shall be construed as prohibiting the driver of a motor vehicle from obeying the instructions of any police officer directing traffic, or any sign, signal, or device directing the movement of traffic. Sec. 3. THAT City Code Chapter 94, TrafFc and Vehicles, Section 94-49. Same on Specific Streets, be amended as follows: Upon the basis of an engineering and traffic investigation, the following prima facie speed limits for vehicles are hereby determined and declared for vehicles traveling upon the named streets and highways, or parts thereof. The location of such school zones hereby established in Exhibit "1 ". Sec. 4. THAT this Ordinance shall become effective from and after its passage as provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2007. The second reading and public hearing being conducted on the 2007. ATTEST: Cynthia Singleton, TRMC,CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C.G. Boyle City Attorney Exhibit 1 School Safety Zones will be marked by signs erected on specific roads, streets and highways, during the school season and between the hours designated on such signs, or when indicated by flashing lights and a sign stating when flashing, Street by Block Portion of Street Speed in Miles Number Per Hour Glade Rd. 263 feet West and 783 feet East from the centerline of the crosswalk 20 400 --700 located in the 400 block. Bransford Rd. 260 feet North and 840 feet South from the center line of the crosswalk 20 4700 --4900 located in the 4700 block. Center Park 867 feet East from the centerline of the crosswalk located in the 500 20 500 block. Cheeksparger Rd. 745 feet West and 798 feet East from the centerline of the crosswalk 20 600 - 900 located in the 500 block. Bogart St. 1,472 feet West and 461 feet East from the centerline of the crosswalk 20 900 - 1000 located in the 1000 bock. Colleyville Blvd. 1160 feet North and 388 feet South from the centerline of the crosswalk 35 4800 -.6000 located in the 4800 block. Hall Johnson Rd. 533 feet East from the centerline of the crosswalk located in the 1200 20 1200 block. Heritage St. 150 feet North and 949 feet South from the centerline of the crosswalk 20 5200 located in the 5200 block. Pool Rd. 650 feet North and 583 feet South from the centerline of the crosswalk 20 5100 --5400 located in the 5200 block. Glenhope St. 556 feet East from the centerline of the crosswalk located in the 6500 20 6400 block. Glenhope St. 352 feet South from the centerline of the crosswalk located in the 6500 20 6500 block. Glenhope St. 541 feet East from the centerline of the crosswalk located in the 6600 20 6600 block. McDonwell School Rd. 180 feet West of the western property line and 260 East of the eastern 20 1100 - 1000 property line located in the 1100 block. Pleasant Run Rd. 200 feet South from the centerline of the crosswalk located in the 5700 20 5600 - 6100 block, and 200 feet North from the centerline of the crosswalk located in the 6000 block. ~~r ~___ 100 Main Street r~ -~ ~ City of C o I I eyv i I I e Colleyville, Texas 76034 (817) 503-1000 ~~~~~ Agenda Briefing www.colleyville.com File Number: R-07-2864 File Number: R-07-2864 Version: 1 Requester: Office of the City Secretary File Type: Resolution Agenda Date: 08/07/2007 Agenda No.: 6a Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of changing the dates of regular City Council meetings in November 2007, January 2008 and March 2008 Attachments: Resolution R-07-2864.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/07/2007 City Council Title Approval of changing the dates of regular City Council meetings in November 2007, January 2008 and March 2008 Explanation Reading and Public Hearing In accordance with the City Charter, the City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule. The City Council meetings are normally held the first and third Tuesday of each month except when those dates may conflict with an event or holiday. The City Council may consider changing the dates of City Council meetings as follows: The second regular City Council meeting of November 2007 to Tuesday, November 13, 2007, due to the Thanksgiving holiday. In consideration of Election Day on Tuesday, November 6, 2007, which is the date of the first City Council meeting in November, City Council may desire to change the first City Council meeting to November 13 and the second City Council meeting to November 27. The first regular City Council meeting of January 2008 to Tuesday, January 8, 2008, due to the New Year holiday. The second regular City Council meeting of March 2008 to Tuesday, March 11, 2008, due to the Spring Break holiday. City of Colleyville Page 1 Printed on 8/3/2007 Agenda Briefing Continued (R-07-2864) Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 8/3/2007 RESOLUTION R-07-2864 A RESOLUTION CHANGING THE DATES OF REGULAR CITY COUNCIL MEETINGS IN 2007 AND 2008 WHEREAS, in accordance with the City Charter, the City Council shall meet regularly of least twice (2) in every month at such times as a City Council may prescribe by rule. WHEREAS, historically, the City Council meetings are held the first and third Tuesday of each month except when those dates may conflict with an event or holiday. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the second regular City Council meeting of November 2007 will be held on Tuesday, November 13, 2007. Sec. 2. THAT the first regular City Council meeting of January 2008 will be held Tuesday, January 8, 2008. Sec. 3. THAT the second regular City Council meeting of March 2008 will be held Tuesday, March 11, 2008. 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 t Sri ~.~ " '~~- City of Colleyville 1~0 Main Street C ll ill T 76034 ~~~ ~v~j~ ~ o e v e, exas (817) 503-1000 ~~~-~ Agenda Briefing www•colleyville.com File Number: R-07-2865 File Number: R-07-2865 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 08/07/2007 Controlling Body: City Council Requester: Police Department Agenda No.: 6b Final Action: File Name: Approval to designate city-owned vehicles eligible for Exempt and Regular license plate registrations, and authorize the City Manager or his designee, to apply for and execute, all administrative paperwork related to the registration of license plates Attachments: Resolution R-91-648-A.pdf Resolution R-07-2865.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 08/07/2007 City Council Title Approval to designate city-owned vehicles eligible for Exempt and Regular license plate registrations, and authorize the City Manager or his designee, to apply for and execute, all administrative paperwork related to the registration of license plates for all city-owned vehicles Explanation The 70th Texas Legislature, House Bill 763, established procedures to register city-owned vehicles for license plates and requires the designation of a city official to be authorized to execute all related vehicle registration paperwork. The State requires that all City vehicles be marked to identify City ownership, with the exception of police vehicles used in investigations. These vehicles are eligible to be registered with regular license plates. This Resolution replaces R-91-684A, naming the City Manager or his designee as the City official authorized to register city-owned vehicles and establishes vehicles eligible for regular license plates. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 8/3/2007 1 2 3 RESOLUTION R-91-648-A 4 5 WHEREAS, House Bill 763 by the 70th Texas legislature has changed the procedures in issuance of Exempt License Plates; and 6 WHEREAS, Regular License Exempt Plates (previously referred to as undercover) are still available to exempt agencies that 7 qualify under V.T.C.S. 6701m-2; and WHEREAS, the need to designate vehicles used by the Colleyville 8 Police Department of Colleyville, Tarrant County, Texas, exists] and 9 NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF l0 COLLEYVILLE, TARRANT COUNTY, TEXAS: 11 Sec. 1. THAT the City Council designates some vehicles used by the Colleyville Police Department shall carry Regular License Exempt Plates and shall so be designated and 12 attached at this Resolution. Sec. 2. THAT IT IS ALSO ORDERED that Chris Hawkins, Mayor shall 13 execute all documents pertaining to said vehicles assigned to this office. 19 Passed and approved this the 8th day of January, 1991. 15 CITY COUNCIL CITY OF COLLEYVILLE 16 TARRANT COUNTY, TEXAS 17 18 ~ G~~ ~ CHRIS HA~ MAYOR 19 ATTEST: ~, 20 - I ) ~ _ ~! 21 LaVada Johnson City Secretary 22 lvj 23 24 25 26 Affidavit for Regular License Plates to be Used on Exempt Vehicles Before me, the undersigned authority, personally appeared Chris Hawkins, Mayor who, being duly sworn, deposes and upon oath states that he is authorized to sign this affidavit and that the vehicle(s1 described on the attached application does not carry any markings or identification inscription having been exempted from such requirement by either Article 6701 m-1 or Article 6701 m-2, Vernon's Texas Civil Statutes. State Agencies must complete this section: is exempt from the requirement of AGENCY NAME displaying identification or inscription on exempt vehicles owned by this agency by Article 6701 m-1 and has filed the required rules and regulations with the Office of the Secretary of State. Rule No. Cities or Counties must comply with this section: A City Council Resolution must be filed annually with the Department in order to obtain regular license plates for ice:. A Commissioner's Court Order must be filed annually with the Department in order to obtain regular license plates for county vehicles. The name of the exempt agency and the name of the person designated to apply for regular license plates for use on exempt vehicles must be stated in either document. THE OWNERSHIP OF THE VEHICLES REGISTERED IN THIS MANNER WILL BE RECORDED IN THE MASTER VEHICLE FILE, AND THE AGENCY'S NAME WILL BE AVAILABLE UPON INQUIRY. Mayor City of Colleyville Chris Hawkins ~ s~n.t„re title 1~~~• ~ agency SWORN AND SUBSCRIBED TO BEFORE ME THIS ~_,DAY OF - , 191 of Notary LaVada Johnson NOTARY Print Name of Notary Publie SEAL March 5, 1992 `~`~~~K~~~~4~ Date My Commisslon expkss: Q~~r ~PJ1iti~ ~•r~sL LaVADA JOHNSON ~Nl• ~~J COMMISSION EXPIRES STATE OF TEXAS ~;.;~ ~ +~ MARCH 5, 1992 COUNTY OF TARRANT 1. ~"~ voMre.lvti.~~ Form D12.119 Rev. 72-87 RESOLUTION R-07-2865 A RESOLUTION DESIGNATING CERTAIN EXEMPT CITY VEHICLES FOR THE ISSUANCE OF REGULAR LICENSE PLATES AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO APPLY FOR SUCH REGULAR LICENSE PLATES WHEREAS, the City Council deems it necessary to designate certain exempt City vehicles for the issuance of regular license plates; and WHEREAS, this Resolution constitutes an order of the City Council pursuant to Section 502.201(g) (3) of the Transportation Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council designates those City vehicles which meet the requirements of Section 721.005(a) of the Transportation Code to be eligible for regular license plates pursuant to Section 502.201 of the Transportation Code. Sec. 2. THAT the Chief of Police is designated to determine which vehicles within the Police Department are qualified for regular license plates. Sec. 3. THAT the City Manager or his designee shall execute all documents pertaining to said vehicles. 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 . its ii 'yµµyyyy~yy~~:_NN. y~. City of Colleyville Colleyv0'~IeaTexas76034 M~1l. xv (817) 503-1000 ~~~~" Agenda Briefing vwvw•colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 08/07/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: 8 Final Action: Secretary File Name: Reports -August 7, 2007 Attachments: Sign Board of Appeals Minutes -June 12, 2007 Zoning Board of Adjustments Mintues -June 12, 2007 Senior Advisory Committee Minutes -June 21, 2007 Planning and Zoning Commission Minutes -July 9, 2007 History of Legislative File Version: Date: Acting Body: Action Text: 1 08/07/2007 City Council Title Sign Board of Appeals Minutes -June 12, 2007 Zoning Board of Adjustments Minutes -June 12, 2007 Senior Advisory Committee Minutes -June 21, 2007 Planning and Zoning Commission Minutes -July 9, 2007 City of Colleyville Page 1 Printed on 7/26/2007 ` ~ ' Cit of Colle vil le 100 Main Street ~,- . ,7 ,7 Colleyville, Texas 76034 i •~C~r~ ~;. -' ~~ '~" Minutes -Final (817) 503-1000 colle ille com www. yv . Sign Board of Appeals Tuesday, June 12, 2007 7:15 PM City Council Chambers 1. CALL TO ORDER The Sign board of Appeals meeting of the City of Colleyville was called to order by Board member McNosky on June 12, 2007 at 7:41 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson and Dee McNosky Absent: Uton Dellosso (Alternate 2) Vacant: Alternate 1 Staff present: Chris Fuller, Ron Ruthven and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the April 10, 2007 meeting minutes as written. Board member Kenney seconded. The motion carried by the following vote: Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky Absent: 1 -Dellosso, Alt. 2 5. AGENDA ITEMS 5a Case A-07-011 -PUBLIC HEARING -Request for a variance from the regulations of the Colleyville Land Development Code regarding sign setback requirements on Lot 7R1, Block 2 of the Tivoli Office Park Addition located at 1209 Hall Johnson Road Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:45 p.m. Jimmy Archie, the applicant, came forward to present the case and brief the Board members. Cify of Colleyville page ~ Printed on 7/13/2007 Sign Board of Appeals Minutes -Final June 12, 2007 Kathleen Hennessey, owner of the subject building, came forward to present the case and brief the Board members. Doug Miller, 7112 Pleasant Run Road, spoke in support of the sign request. Board member Reynolds stated the Millers need signage. Mrs. Miller stated her appointments are between 9 a.m. and 2 p.m. Board member Kenney questioned what is the address for this property? Mr. Miller replied 1209 Hall Johnson Road. Board member Kenney had a discussion regarding the school children and their safety. Board member Kenney questioned Mr. Archie regarding the placement of the sign? Mr. Archie used the diagrams to show the placement of the sign. Board member Kenney questioned how many feet between the sign and the sidewalk? Mr. Archie replied not knowing. Board member Kenney stated that could be an issue as well with the safety of the school children and traffic. Chairman McNosky stated similar signs are on the property. Board member Moore questioned Mr. Archie if the sign will be the same size? Mr. Archie replied it being the same size, however, it could be shortened. Board member Moore questioned staff regarding if Bogart will be widened? Mr. Archie replied the sign will be placed in the existing right of way. Board member Kenney knows the property needs a sign, however there are concerns for the placement of the sign on the sidewalk. Mr. Archie stated the sidewalk may be realigned when Bogart is realigned. Board member Moore questioned staff regarding if staff could get in touch with the Engineering Department? Chris Fuller replied no. Board member Munson questioned staff regarding if the property lines should have been taken into consideration for any future road expansion, does the sign fit within the visibility triangle? Board member Munson questioned staff regarding the wooden fence along Bogart, where in relation to the road being widened, where is the right of way line? Chris Fuller replied not having the right of way line information . Board member Munson questioned staff regarding does the sign location lie within the visibility triangle? Chris Fuller replied that the City of Colleyville page y Printed on 7/13/2007 Sign Board of Appeals Minutes -Final June 12, 2007 Building Official did look at the visibility triangle and did concur it would comply, however the applicant has indicated that the sign size could be reduced and the building permit would be required for the actual sign. Board member Reynolds replied not knowing how this will be voted. He stated there are safety issues for the children of the school and issues regarding what will happen if the roadway is widened. Board member Munson agreed and south, outside of the visibility triangle. far south as that parking space. stated the sign could move to the Mr. Archie agreed, it can move as Board member Moore stated the sign along the west side of those parking spaces is beyond the existing fence. Board member Munson stated it is within the visibility. Board member Moore stated Bogart street is going to be widened. Board member Kenney questioned Mr. Archie if the sign could be placed on the east side of the property as opposed to the west side? Mr. Archie stated not owning that property. Board member Kenney stated having concerns with the position of the sign with regards to the sidewalk. Board member Moore stated he would like to see this tabled to give the applicant time to address the safety concerns and submit exhibits to see how the sign is to be constructed. There being no one wishing to speak, the public hearing was closed at 8:16 p.m. Board member Reynolds replied there are issues with public safety and the public safety officer and the principal of the school should be present to explain some of those concerns. He stated there are safety issues with the sign placement. He stated there may be an issue or concern if there is a minimum number of parking spaces, however, then a waive could be granted for that requirement of one of the parking spaces and then the sign could be placed there. Board member Munson suggested that the applicant get with staff regarding the negotiations with the property owners. Board member Reynolds moved to continue case A-07-011 to the next meeting. Board member Moore seconded. City of Colleyville Page 3 Printed on 7/13/2007 Sign Board of Appeals Minutes -Final June 12, 2007 The motion carried by the following vote: Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky Absent: 1 - Dellosso, Alt. 2 6. REPORTS AND COMMENTS Chris introduced Ron Ruthven as the new Development Coordinator. 7. ADJOURNMENT Meeting adjourned at 8:25 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on June 7, 2007 by 5:00 p.m. The meeting minutes were approved on July 12, 2007. Amy Shelley, Planning and Zoning Assistant City of Colleyville Page 4 Printed on 7/13/2007 ':~ City of Colleyville ~~~ ~~`" Minutes -Final Zoning Board of Adjustment 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, June 12, 2007 7:00 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on June 12, 2007 at 7:00 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson and Dee McNosky Absent: Board member Uton Dellosso (Alternate 2) Vacant Position: Alternate 1 Staff Present: Chris Fuller, Ron Ruthven and Amy Shelley 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the May 8, 2007 meeting minutes as written. Board member Kenney seconded. The motion carried by the following vote: Aye: 5 -Kenney, Reynolds, Munson, Moore, McNosky Absent: 1 -Dellosso 5. AGENDA ITEMS 5a Case A-07-012- PUBLIC HEARING - Request for a variance from the regulations of the Colleyville Land Development Code regarding side setback requirements on Lot 1, Block 1 of the Remington Park Addition located at 6205 Remington Parkway Chris Fuller presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:07 p.m. Sam Palacios, the applicant, came forward to present the case and brief the Board members. City of Colleyville page 1 Printed on 7/13/2007 Zoning Board of Adjustment Minutes -Final June 12, 2007 Candy Bell, the applicant's sister-in-law, came forward to present the case and brief the Board members. Board member Kenney questioned Mr. Palacios regarding where on drawing do cars stop or do they turn into the drive that is on the north side? Mr. Palacios replied they turn around on the east side of the property which is not a through street, Van Oaks Drive, and it ends on Remington Parkway, where there is a barrier. Board member Kenney questioned Mr. Palacios regarding where is the pool going to be placed, in the side yard or back off of the rear patio? Mr. Palacios replied off the rear patio. Board member Moore questioned Mr. Palacios if the wooden fence would be extended? Mr. Palacios replied no, they are going to use wrought iron fencing as suggested by the Remington Homeowners Association. Board member Moore stated having concerns with extending the wooden fence which would block the neighbors view. He stated he would support wrought iron materials. Mr. Palacios replied he is going to use wrought iron. Board member Munson questioned Mr. Palacios regarding how large is the pool going to be? Mr. Palacios replied not knowing at this time. Board member Munson stated not knowing why the fence needs to be moved to construct a pool. Mr. Palacios replied he wants to create another play area for his other child. Board member Munson replied not being supportive of moving the fence more than 15 feet. Mr. Palacios stated the street is not a through street and he stated wanting to take full advantage of his property. Board member Reynolds questioned staff regarding if the property owners to the back of the subject property were notified? Chris Fuller replied yes. Board member Reynolds questioned staff if the Remington Park HOA was notified? Chris Fuller replied yes. Mr. Palacios replied the Vice President of the Remington Park HOA sent him to the Board for the variance request and he has approved it with wrought iron materials . Board member Reynolds stated wanting something in writing from the HOA stating this has been reviewed and stated he would then be inclined to vote in favor of the request. Board member Moore stated a wrought iron fence has been approved not far away from this request, within about 2 feet inside the sidewalk. Board member Munson concurred, but that particular lot had a tree on the property which made it difficult to work with the property. Board member Reynolds stated it sounds like the HOA wants to support, City of Colleyville page y Printed on 7/13/2007 Zoning Board of Adjustment Minutes -Final June 12, 2007 however, there needs to be something in writing. Board member Munson questioned Mr. Palacios regarding where are the barricades located? Mr. Palacios replied at the end of Van Oaks Drive at the intersection of Remington Parkway on the east side of his property. There being no one wishing to speak, the public hearing was closed at 7:34 p.m. Board member Reynolds moved to approve case A-07-012. Board member Moore seconded with an amendment that the new fence extension be constructed with wrought iron materials. Board member Reynolds accepted. Board member Munson questioned the Board regarding how many feet from the property line? Chairman McNosky questioned staff regarding the placement of the extension, either five or seven feet from the property line? Chris Fuller replied being supportive of what the Board recommends. Chairman McNosky recommended seven feet. Board member Reynolds stated that being acceptable. Mr. Palacios agreed and stated seven feet would work. Chairman McNosky recapped the motion being an approval for the variance request with the new fence extension be constructed with wrought iron materials and be placed within seven feet of the property line. The motion carried by the following vote: Aye: 5 -Kenney, Reynolds, Munson, Moore, McNosky Absent: 1 - Dellosso 6. REPORTS AND COMMENTS None 7. ADJOURNMENT Meeting adjourned at 7:39 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, June 7, 2007 by 5:00 p.m. The meeting mintues were approved on July 12, 2007. Amy Shelley, Planning and Zoning Assistant Cify of Colleyville Page 3 Printed on 7/13/2007 G~tY of Glt Y of ~ Il °~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, June 21, 2007 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:32 p.m. on Thursday, June 21, 2007 by Connie Hampton, Chair of the Committee. ROLL CALL: Debra Minea, Jim Moore, Marion Jenkins, Patrecia Fox, Connie Hampton, Lila Coley and Councilman Mike Taylor ABSENT: Jack Olsen, Councilman Tom Hart STAFF: Monica Walsh, Director of Parks and Recreation and Renee Garrett, Recreation Specialist 1. Call to Order and Roll Call 2. Approval of the May 17, 2007 Senior Center Advisory Committee Minutes Patrecia Fox moved to approve the minutes. Debra Minea seconded the motion. The motion carried with a unanimous vote. 3. Discussion and Consideration of Senior Center Wish List Monica Walsh, Director of Parks and Recreation, reported that equipment was installed. It was also discussed that staff was researching the cost for new outside lights. Senior Center Advisory Committee June 21, 2007 Page 2 of 2 4. Discussion was held on how to recognize people who have donated items to the Senior Center. Debbie Minea moved to recognize people that donated items in the monthly newsletter. Marion Jenkins seconded the motion. The motion carried with a unanimous vote. 5. Discussion and Possible Future Action on Potential Changes in the Bylaws There was no discussion on potential changes in the Bylaws. 6. Discussion and Possible Future Action on Potential New Programs There was no discussion on potential new programs. 7. Discussion on Items of Interest for Potential Future Action There was no discussion on this item. 8. Reports -Staff and Committees Jim Moore reported no suggestions received in the suggestion box. Debra Minea gave an overview of the Senior Citizen Open Space Master Plan Committee meeting. Renee Garrett, Recreation Specialist, gave an overview of the senior activities and programs. 9. Adjournment Jim Moore moved to adjourn at 2:37 p.m. Patrecia Fox seconded the motion. The motion carried with a unanimous vote. Respectfully submitted and approved: Wanda H. Drexel, Administrative Secretary Senior Center Wish List 1. Acoustical in large room 2. More outside lights -research in process 3. Window treatments for entire facility • Carpet for entire facility • More Fitness room equipment • Additional furniture for game room and library • Surround sound for television area • Built in book shelves in library • Paint blue room • Paint pantry • Move phone/computer lines in office • Paint hot water heater room • Wall hangings • LCD Projector • Rolling warming oven • Forms to laminate- Committee to research this • Nametags • Time clock to control outside security lights -look at putting on bid with outside lights • Motion detector light switches replace with regular • Separate TV room light switches • Fitness room outlets • Easy chairs in the library COMPLETED ITEMS • Lighting in large room • Electrical work for computer • LCD Computer ceiling mount with new screen • Computer room lighting • Piano • HVAC for entire facility ~~;, City of Colleyville ~~~ ~~~``~ Minutes -Final r, :.~, Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, July 9, 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 DISCUSSION OF PREVIOUS MEETING MINUTES 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 July 9, 2007 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Mary Taylor, David Phelps and Jeff Byerly Absent: Commissioner Denis Duffy Staff Present: Chris Fuller, Ron Ruthven, Mike Johnston, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Byerly. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Taylor moved to approve the June 25, 2007 meeting minutes as written. Commissioner Dudziak seconded. City of Colleyville page ~ Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of Minor Plat for Lots 1-3, Block 1 of the Northstar Bank Addition located at 6110 Colleyville Boulevard, Case P-07-032 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly moved to approve case P-07-032. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 7b Approval of a Minor Plat for Lots 1 and 2, Block 1 of the Beden Addition on 3.0 acres in the S.C.H. Wilton Survey located at 2313 Glade Road, Case P-07-033 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding the lots on the plat, are they part of this plat? Ron Ruthven concurred. Commissioner Redfearn questioned staff regarding if there are drawings showing the proposed lots? Chris Fuller replied no, other than approximation. Commissioner Redfearn questioned if the house would straddle the lot line? Chris Fuller replied yes, and used the diagrams to show the approximate lines. Commissioner Phelps questioned staff regarding what is the age of the aerial photo? Chris Fuller replied it being current. Ron Ruthven replied it being a year old. Commissioner Byerly questioned staff regarding what are the provisions for fire access and has the Fire Marshal reviewed this plat? Chris Fuller replied the Fire Marshal has reviewed the plat and has recommended a 24 foot fire lane built to fire lane standards with a 14 foot overhead clearance for the duration of the property to essentially serve as the driveway to ensure that the Fire Department would have access to the City of Colleyville pays y Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 house but would also have the ability to withstand the weight of the truck. Commissioner Byerly questioned staff if this type of flag lot has been approved in the past? Chris Fuller replied yes, both approved and denied similar requests. Commissioner Byerly questioned staff regarding if the 57 foot of frontage includes the 24 foot of fire access and is it part of Lot 2? Chris Fuller suggested asking the applicant if they would be willing to construct the 24 foot wide fire access since it would be quite expensive. Commissioner Byerly questioned staff for clarity, that it could not be built unless the Fire Marshal signed off on it? Chris Fuller replied the property could be platted, however, is the property owner willing to build that fire lane to the house that could be constructed would be the relevant question for your consideration. Commissioner Byerly questioned staff if the Commission wanted to make some waiver, could that be done on the plat or is it up to the Fire Marshal? Chris Fuller replied the Fire Marshal, and the fire lane is not a platting standard, it is a building permit standard. Commissioner Byerly questioned City Attorney Kallas regarding what is the time frame for this plat? Chris Fuller replied the clock starts once the application is complete as it does not meet the standards, however, staff received the revisions on Friday, July 6, therefore the Commission could continue until the next meeting and it would still be within the time frame. City Attorney Kallas replied as long as the application is not complete, then the time does not begin. Commissioner Redfearn questioned staff for clarity that there would be a long driveway for the fire lane in addition to the need for a turning radius at the end of it? Chris Fuller replied the Fire Marshal placed a stipulation on the plat for the turning around of the trucks. Commissioner Byerly questioned staff for clarity if this plat were approved, then that would be a condition and if they do not want to meet that condition, then it is approved and they can accept it or not? Chris Fuller concurred. Commissioner Phelps stated there are some lots adjacent to this lot that are not developed which might leave for the potential redevelopment of this area, although not a part of this request, it could happen in the future. Commissioner Byerly questioned staff if there are any limitations if this plat is not approved tonight. Chris Fuller replied no, other than having to apply for another application. City of Colleyville page 3 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 Commissioner Redfearn questioned staff if the plat were approved with the lot line going right through the house, does that present any complications if the owner were to decide they did not want to build on it? Chris Fuller replied there being options, if the plat were approved , and the house were to stay, it would be a legal non-conforming lot because the plat was approved that way while the house was existing. If the house stays, and they want to live in this house while they are building the new house, however, the two houses would not be able to remain on one lot and staff would ensure that would not occur. Commissioner Taylor stated the lots are so skinny and the Fire Department has already stated this lot would really not work and stated not being in favor of this approval. Commissioner Phelps stated in the past there has been a 500 foot distance from a point of access. Fire Chief Mike Johnston stated a fire hydrant would be required to be placed on this property as well as the fire lane. He stated with the hydrant being on private property that could pose issues as well. Commissioner Dudziak questioned staff regarding if a turn around for the fire trucks would be required? Chief Johnston replied yes. Commissioner Knox moved to deny case P-07-033. Commissioner Byerly seconded. Commissioner Knox stated there need to be some provisions for the fire lanes and turn around for flag lots and easements. There are too many issues regarding fire requirements. Commissioner Byerly stated the applicant needs to be present to tell the Commission they are willing to comply with the fire issues. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy 8. TABLED AGENDA ITEMS 8a Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial property on Lot 2R, Block 1 of the Atlantic Oil and Gas Addition located at 7970 Precinct Line Road, Case Z-07-023 Commissioner Phelps moved to remove case Z-07-023 from the tabled items. Commissioner Redfearn seconded. The motion carried by the following vote: City of Colleyville Page 4 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 Aye: 6 -Knox, Dudziak, Redfearn, Taylor, Phelps, Byerly Absent: 1 -Duffy Chris Fuller presented the case and briefed the Commissioners. Commissioner Taylor questioned staff regarding if there were new drawings submitted with the cross access requested by the Commission? Chris Fuller replied the applicant did submit new drawings but not with the cross access. Bryan Chandler, the applicant, came forward to present the request and brief the Commissioners. Commissioner Redfearn and Mr. Chandler discussed driveway placements. Mr. Chandler stated he would use the access point from Precinct Line Road as depicted on the approved site plan that has been platted. Commissioner Phelps questioned staff regarding if the existing driveway would require approval by another body other than the Planning and Zoning Commission and City Council? Chris Fuller replied it would require a driveway permit from TxDot. Mr. Chandler replied the approval from TxDot would not be an issue, however, he stated he was not able to get approval before this meeting. Commissioner Byerly questioned Mr. Chandler regarding where is the second access for the fire access? Mr. Chandler used the drawings provided to show the second access. Commissioner Byerly questioned Mr. Chandler if the access had been acquired from the adjacent church ? Chris Fuller replied there is a landscape buffer between the edge of pavement and the church and it appears to go into the church parking lot. Commissioner Byerly questioned staff regarding how would a fire truck get between the landscape buffer? Mr. Chandler replied the landscape buffer could be removed and it could be paved. He stated there is no easement through the church parking lot, but that access abuts the church parking lot and that was the only way he had of providing the emergency fire exit. Commissioner Byerly questioned staff regarding what are the City's thoughts regarding his answer? Chris Fuller replied if the intent is to remove the landscape buffer and pave, it would not need to be shown on the plat, therefore reducing the open space requirements. He stated it would also need to be approved by the Fire Marshal. Commissioner Byerly questioned staff regarding the access issue, if there is not an easement in place? Chris Fuller stated the church could City of Colleyville Paqe 5 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 barricade and not grant access, but he stated he would need to see the plat for the church. Mr. Chandler replied there is not an easement. Commissioner Taylor questioned Mr. Chandler regarding as to why if the church is only busy on one day, why is it such an issue to leave the cross access entrance? Mr. Chandler stated there could be traffic either way and stated the cross access is not necessary. Commissioner Taylor stated the cross access is there to help the businesses, sharing in business. Mr. Chandler stated there will be about 40 cars a day generated by his business, which would not have an impact on the gas station. Commissioner Taylor disagreed. Commissioner Taylor questioned Mr. Chandler regarding what products will generate the sales tax revenue? Mr. Chandler replied locks, boxes and moving supplies. Commissioner Dudziak questioned Mr. Chandler if there will be sales tax generated by the rental fees? Mr. Chandler replied no, not yet. Commissioner Redfearn questioned Mr. Chandler regarding what is the building setback? Mr. Chandler replied they are going to line up with the church. Commissioner Phelps questioned Mr. Chandler regarding the lack of open space, is there a way to accommodate the open space? Mr. Chandler replied staff has requested that the parking spaces be removed from the 40 foot landscaped area which will increase some of the open space area and more vegetation will be placed in that area. Commissioner Dudziak stated 20% is the goal, he questioned Mr. Chandler if there could be some unique feature that could be added? Mr. Chandler questioned Commissioner Dudziak if the facade does not add to that? Mr. Chandler stated he could look into something, but stated the vegetation along the sides would add to the features as well. Commissioner Dudziak stated he wanted to see more to trade off the extra 3% open space that is lost. Mr. Chandler stated the property has had issues with being sold for a more prime retail development. Commissioner Dudziak questioned if there could be something that could add to the decor of the project. Commissioner Taylor stated wanting to see a two tier landscape package that would enhance the look of the storage facility. She stated she wanted it to look like it fit in Colleyville's decor. Mr. Chandler replied he could look into his package. Commissioner Taylor questioned Mr. Chandler regarding if the entrance to the church could be blocked, but leave the entrance to the gas station, City of Colleyville Page 6 Printed on 7/24/2007 Planning and zoning Commission Minutes -Final July 9, 2007 could that work for the project, to be able to leave that cross access? Mr. Chandler replied the difficulty for that is for security, this is the only point of access to control. He stated there is not a way to make it work. Commissioner Byerly questioned Mr. Chandler regarding if an easement for the fire access has been received from the church? Mr. Chandler replied no, it is difficult for the church to grant an approval, their process is lengthy. He stated it not being required, he stated they meet the fire requirement. Fire Chief Mike Johnston stated the Fire Marshal is expecting to have two points of access on to any commercial property. He stated to the north, along the back drive to the gas station would be the best place for the second access. He stated a second access is required onto commercial property. He stated an access on the west side would suffice. Commissioner Taylor questioned Chief Johnston regarding it would suffice to have two accesses if the access from the gas station was put in? Chief Johnston replied yes. Commissioner Phelps stated he understood the concept for this project, however, he stated he wanted to see a fire access more conducive to an actual access and to meet the 20% open space requirement. He also stated the original PUD was there for a high traffic parking lot, very busy retail corner, which seems to fit with the gas station design. He stated this is plugging a gap and blocking traffic flow. He questioned if this type of use is what the City wants for this property? He questioned what other opportunities are there for a viable future development? Commissioner Taylor concurred and stated this is a viable business, but it should flow through between the businesses, at least one flow through from the gas station. She stated being in favor of one cross access from the gas station. Commissioner Byerly stated not seeing the need fora cross access for this business. He stated he would like to see the landscaping stay, and would be inclined to support the use and the lack of the cross access as long as an approval from TxDot is received and a second access point for fire access. He stated the open space requirement is not necessary for commercial, the 17% will suffice. Commissioner Dudziak stated the church would use it as a cut through to L.D. Lockett, and would use the gas station. He stated the cross access is what needs to be in place to allow for the flow of traffic. Commissioner Byerly stated the people leaving the storage facility or the City of Colleyville page 7 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 church can take a simple right hand turn onto Precinct Line and then another right hand turn into the gas station, therefore eliminating the need for the cross access on the storage facility property. Commissioner Redfearn stated there is a large paved area behind the gas station to allow for maneuvering which might meet the need for fire access. He stated the original design did dictate the need for the cross access, however, for this business, there does not appear to be a need for the cross access. Commissioner Phelps questioned Mr. Chandler if he would be willing to make the concession regarding the second access? Mr. Chandler replied what they presented was adequate according to the meetings with the Fire Marshal. He stated if there were a stipulation added to this that he meet with the Fire Marshal and satisfy his requirements, whether that be getting an easement from the church or whether it means putting some type of gates onto that facility where it can provide an additional access point, he stated making sure to get it done before moving forward to City Council. Commissioner Redfearn and Mr. Chandler discussed property lines. Commissioner Redfearn moved to approve case Z-07-023 with a provision added that should the applicant not receive permission from TxDot for the driveway, that somehow this would come back to the Commission for approval. City Attorney Kailas stated not to have it come back to the Commission, but to make a contingent plan, if not approved by TxDot, that it would comply with the cross access easements in the original PUD. Commissioner Byerly seconded and added an amendment that there be a second fire entrance that meets the approval of the Fire Marshal. Commissioner Knox stated the second entrance should be located at the northeast part of this development. He stated there area lot of issues that have not been brought out with making that access next to the church because the church does not have a designated fire lane over on that side of their property, they have parking. There could be potential for cars being parked in the way. He stated the building has changed since last time it was presented, there is more building on the plan than originally seen. He stated the second entrance for fire access would be better served adjacent to the gas station. Chief Johnston concurred and stated there could be a gate on the northeast part of this development for security. Commissioner Phelps questioned Chief Johnston if the Fire Marshal takes into consideration the conditions of the adjacent properties? Chief Johnston replied yes. City of Colleyville Page 8 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 Mr. Chandler stated they share a driveway easement with the church . He stated they can move their dumpster and could provide an access right there with the easement that is already shared and platted with the church on the south end of this property. Commissioner Byerly questioned staff regarding what is the distance between the two entrances? Chief Johnston replied not knowing at this time but stated he could meet with the applicant. Commissioner Redfearn questioned staff regarding if any stipulations should be put in place given that the Fire Marshal will have to approve them? Commissioner Byerly stated he wanted to give the Fire Marshal maximum flexibility regarding the fire access. Commissioner Redfearn accepted Commissioner Byerly's amendment. Commissioner Dudziak questioned staff regarding once this plat, the PUD, is approved, is the 24 foot rear entrance permanent? City Attorney Kallas stated since the second entrance will have to meet the Fire Marshal's approval, then that entrance will only stay if approved by the Fire Marshal. Commissioner Phelps questioned, for clarity, should this entrance not get approved by TxDot, the plat would use the previous site plan. Commissioner Phelps commented that the applicant has indicated the removal of parking spaces. He questioned staff regarding if the removal of the parking spaces should be considered as part of the motion? Chris Fuller concurred. Commissioner Phelps suggested the friendly amendment. Commissioners Byerly and Redfearn accepted the amendment. Commissioner Byerly restated the motion: Commissioner Redfearn moved to approve case Z-07-023 with the cross access easement applying if TxDot approval is not received for the curb cut, a second fire access approved by the Fire Marshal and with the removal of parking within the 40 foot landscape buffer and any other impervious surfaces. Commissioner Byerly seconded the motion. Commissioner Dudziak stated this property has not been desirable for a number of years, however, because of all of the developments for this area, this business is not a good use for this property. The motion failed by the following vote: City of Colleyville page 9 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 Aye: 3 -Knox, Redfearn, Byerly Nay: 3 -Dudziak, Taylor, Phelps Absent: 1 -Duffy Commissioner Phelps concurred with Commissioner Dudziak and stated there is an opportunity for a more desirable business. Commissioner Byerly disagreed and stated because this is between a church and a gas station, a high end retail strip center will not go here. He stated this type of business will work in this area and could possibly start the movement for new development. City Attorney Kallas stated if a consensus can not be made, it will have to be continued again. He suggested another vote to move the case along for the applicant. Commissioner Byerly questioned Mr. Chandler if he would rather the Commission continue this item until there is a full Commission or would he rather have the Commission deny the request and let the case move forward to City Council with a denial? Mr. Chandler stated not understanding fully, and questioned if Commissioner Duffy were present at the next meeting and someone else was absent, the same situation might occur. Commissioner Taylor stated she would be willing to change her vote. Commissioner Dudziak stated the cross access easement should still be in place. Commissioner Taylor stated it is not feasible for the applicant. Commissioner Dudziak stated that not being the Commission's purvey to decide. He stated the Commission is to hold to the design standards of the development code of the City. Commissioner Taylor made a motion to reconsider the vote for case Z-07-023. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 4 -Knox, Redfearn, Taylor, Byerly Nay: 2 -Dudziak, Phelps Absent: 1 -Duffy 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Chris Fuller discussed with the Commissioners regarding the workshop with the American Planning Association. He stated if they would like to attend, staff would make the reservations for them. He told the Commissioners there may be a workshop in September once the new Commissioners take their seats. He stated he would like to meet with City of Colleyville Page 10 Printed on 7/24/2007 Planning and Zoning Commission Minutes -Final July 9, 2007 the Commissioners, maybe one on one, to discuss what the staff can do to meet the level of expectations regarding zoning, platting and development standards. 10. COMMISSIONERS' COMMENTS AND REPORTS None 11. ADJOURNMENT The meeting adjourned at 8:40 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, July 5, 2007 by 5:00 p.m. The meeting minutes were approved on July 23, 2007. Amy Shelley, Planning and Zoning Assistant City of Colleyville page ~~ Printed on 7/24/2007 RESOLUTION R-07-2866 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF AUGUST 7, 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, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor