Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
City Council-Agenda Packets-10/2/2007
~~~ ~'• 7ba:. City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, October 2, 2007 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the Integrated Storm Water Management Permit and Work Plan PC-2 Discussion of Proposed Horse-Drawn Carriage Ordinance PC-3 Presentation of Economic Development Quarterly Update PC-4 Discussion of selecting a date and time for the Joint City Council and Planning and Zoning Commission meeting PC-5 Discussion of the October 2, 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. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property City of Colleyville Page 1 Printed on 9/28/2007 City Council Agenda October 2, 2007 Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 - Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Bruce Neilsen, Church of Jesus Christ of Latter Day Saints 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-07-2889 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamations In recognition of Fire Prevention Month -Fire Marshal Robert McKeown Presentations In recognition for service on the Planning and Zoning Commission - Ms. Mary Taylor In recognition for service on the Senior Center Advisory Committee - Mr. Marion Jenkins and Mr. Jim Moore In recognition for service on the Colleyville Economic Development Corporation Board - Mr. John Terhoeve and Mr. John Gray In recognition for service on the Metroport Teen Court Advisory Board - Mr. David Ebert In recognition for service on the Historical Preservation Committee - Ms. Sammie Bolling and Ms. Jacquelyn Young City of Colleyville Page 2 Printed on 9/28/2007 City Council Agenda October 2, 2007 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2890 4a Approval of the minutes of the regular City Council meeting held on September 18, 2007 4b Approval of an agreement with Brian P. Hanlon for the purchase of a life-size bronze firefighter as public art for the new Central Fire Station site, in the amount of $36,500.00, and authorize the City Manager to sign the agreement 4c Approval of renewing the Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program, and authorize the City Manager to sign the agreement 4d Approval of the Fiscal Year 2008 (FY2008) Agency Contractual Agreements for the Arts Council of Northeast Tarrant County, Alliance for Children, Safe Haven Tarrant County, Colleyville Heritage High School Project Graduation, Grapevine High School Project Graduation, Keller High School Project Graduation, Metroport Meals on Wheels, Mental Health Mental Retardation of Tarrant County, Grapevine Relief and Community Exchange (GRACE), Special Needs Assistance Partners (SNAP), Colleyville Area Chamber of Commerce, and authorize the City Manager to execute the agreements 4e Approval of a request for a street name change for Sanders Lane, Case G-07-018 4f Authorizing the abandonment of a roadway easement for Lots 3 and 4 of Tanglewood Addition, and authorize the City Manager to execute the agreement 4g Approval of amended agreement for professional services and employment of the City Manager 4h Approval of the Fiscal Year 2008 Annual Work Plan 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1642 Approval of a request for a Special Use Permit for a wedding chapel and for on-premise alcohol sales on Lot 40R1 of the Village at Colleyville Addition located at 85 Piazza Lane, Case Z-07-031 City of Colleyville Page 3 Printed on 9/28/2007 City Council Agenda October 2, 2007 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1643 Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-07-2891 Consideration of an Appeal of the decision by the Sign Board of Appeals by Linda and Richard Seim, for a variance regarding a monument sign on Lot 1, Block 1 of the Southwest Colleyville Office Park Addition, located at 3951 Brown Trail, Case G-07-017 7b R-07-2892 Approval to suspend the October 25, 2007, effective date of the proposal by Atmos Energy Mid-Tex Division (Atmos) to implement new rates 7c R-07-2893 Nominating candidates for the Tarrant Appraisal District Board of Directors 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Colleyville Trails and Sidewalks Committee Minutes -June 12, 2007 Senior Advisory Committee Minutes -August 16, 2007 Planning and Zoning Commission Minutes -September 10, 2007 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 2, 2007 -Reading and Public Hearing -Resolution R-07-2894 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 28, 2007, by 5:00 p.m. City of Colleyville Page 4 Printed on 9/28/2007 City Council Agenda October 2, 2007 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 5 Printed on 9/28/2007 ,:; ~,, ('~ ,~ City of Colleyville Colle0011e,aTexas76034 ~j (817) 503-1000 T"'''" Agenda Briefing ~~colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Engineering Department Agenda Date: 10/02/2007 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Discussion of the Integrated Storm Water Management Permit and Work Plan Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 10/02/2007 City Council Title Discussion of the Integrated Storm Water Management Permit and Work Plan Explanation Storm water pollution from point sources and non-point sources is a challenging water quality problem. Unlike pollution from industry or sewage treatment facilities, which is caused by a discrete number of sources, storm water pollution can be traced to the daily activities of citizens throughout the community and surrounding regions. Storm water run off occurs from streets and highways, urban lawns, farms, and construction and industrial sites, and collects fertilizers, silt, pesticides, oil and grease and many other pollutants before discharging into area rivers and lakes. Storm water runoff is considered the most common source of water pollution. As storm water pollution is created from many different sources, traditional regulatory controls have traditionally been insufficient to address this issue. As a result, Phase I of the U.S. Environmental Protection Agency's (EPA) municipal storm water program was established in 1990 under the authority of the Clean Water Act (CWA). Phase I relied on the National Pollutant Discharge Elimination System (NPDES) permit coverage to address storm water runoff from medium and large municipal separate storm sewer systems (MS4s), serving populations of 100,000 or greater. The Storm Water Phase II Final Rule (established December 8, 1999) was the next step in the EPA's efforts to preserve, protect and improve the nation's water resources from polluted storm water runoff. The Phase II program requires additional operators (small MS4s in urbanized areas) to implement programs and practices to control polluted storm water runoff, through the National Pollution Discharge Elimination System (NPDES) permit program. The program also requires Phase II municipalities to develop a Storm Water Management Program. The Texas Commission on Environmental Quality (TCEQ) is now authorized by the EPA to issue and enforce the Texas Pollutant Discharge Elimination System (TPDES) storm water permit, in lieu of a federal permit. Phase II local municipalities in Texas must obtain permits from the TCEQ by submitting a Notice of Intent (NOI) and a Storm Water Management Plan City of Colleyville Page 1 Printed on 9/27/2007 Agenda Briefing Continued by February 11, 2008. The City of Colleyville is prepared to comply with the Phase II rules and regulations as described by the TCEQ and the TPDES, and will incorporate a phased approach to implement the control measures described in the proposed Storm Water Management Plan. We will also monitor certain areas where other municipalities discharge into receiving streams and ponds within the City of Colleyville. Since the mid nineties, the City's Public Works Department has actively worked to develop a Storm Water Management Plan which includes six required control measures that must be followed in accordance with State compliance requirements for a MS4 General Permit. These six control measures are outlined as follows: • Public Education and Outreach The Public Works Department has developed educational material to inform our citizens about storm water pollution, including fliers and brochures for water bill inserts, PowerPoint presentations, website information, educational handouts for kids and a storm drain marking program. • Public Involvement in Storm Water Management Development For several years, the Public Works Department has solicited and obtained assistance from several Homeowner Associations in Colleyville in marking storm drain inlets within their subdivisions. At this time, approximately 20% of all inlets are marked through out the City. In addition, the City will continue utilizing the services of the Keep Colleyville Beautiful volunteer organization to clean various drainage facilities such as ditches and creeks. • Illicit Discharge Detection and Elimination The Public Works Department continues to research data that will provide for the eventual development and adoption of enforceable ordinances that will prohibit non-storm water discharges into the MS4 of Colleyville. In addition, the Public Works Department has monitored storm water outfall points throughout the City for evidence of illicit discharges within our drainage basins. In April 2006, a dry weather water quality testing program was implemented at each of these outfall sites. In this program, tests are performed to determine the existence and level of thirteen different types of chemicals that are identified by the State and EPA. To assist our staff, GIS storm sewer maps were developed that depict the location. of existing storm drainage outfall locations citywide. As new development increases in the Little Bear and Big Bear drainage basins, the number of storm water outfall points will also increase and they will be included on the map. The City of Colleyville will also continue its recycling program for common household wastes that may be collected by the City with the Crude Cruiser each Spring. • Pollution Prevention/ Good Housekeeping for Municipal Operations Since 2004, the Public Works Department has identified and inspected approximately 3,637 storm drainage facilities and 110 storm water outfall locations throughout the City. A data base is utilized to maintain records of all inspections and associated maintenance and repair activities that have resulted from these inspections. In addition, all active fleet service recycle programs, including disposal of tires, waste oil, filters, hydraulic fluids and batteries are maintained in accordance City of Colleyville Page 2 Printed on 9/27/2007 Agenda Briefing Continued with the MS4 storm water program. Training material has also been developed by the Public Works Department and videos have been purchased to inform City employees regarding storm water pollution. Construction Site Runoff Controls The City must evaluate and determine the necessity for adopting additional ordinances in the future that specifically address erosion and sediment control on construction sites. Any new ordinance requirement must include appropriate enforcement procedures and actions, including the establishment of fines and civil penalties. In addition, the City of Colleyville must continue to require operators of construction site activities to develop and implement a Storm Water Pollution Prevention Plan (SWPPP) prior to commencing construction activities within the City. Inspections will be performed on any construction site that disturbs a minimum of one acre of land for compliance with the SWPPP. Post Construction Storm Water Management for New Development/Redevelopment During the last four years, the City of Colleyville and 59 other local governments have participated in the development the Integrated Storm Water Management (ISWM) Design Manual for Site Development and Construction. This manual is the result of cooperative initiatives that assist municipalities and county governments in achieving goals of water quality protection, stream bank protection, and flood control. The manual also assists communities in maintaining Best Management Practices (BMP) for construction and post-construction inspection of storm water outfalls, in accordance with state storm water permitting regulations. The Design Manual for Site Development and Construction is now available for local governments to adopt by a license agreement to help regulate various municipal water quality issues. Staff already refers to this manual regarding various erosion control issues and intends to submit the ISWM Design Manual for Site Development and Construction to Council for adoption later this fall. Due to the Public Works' extensive participation in developing this manual, the City of Colleyville is already established as a member of the ISWM Program. The City of Colleyville is considered one of leading Phase II MS4 model cities in this region and will not be subject to any "Buy-In" costs associated with membership in the ISWM Program. City of Colleyville Page 3 Printed on 9/27/2007 100 Main Street ~ ~ City of C o I I eyv i I I e Coll (81'7) 03X1000 034 z,~~~~ Agenda Briefing www.colleyville.com File Number: Version: 1 Requester: Community Development Department File Type: Pre Council Agenda Date: 10/02/2007 Agenda No.: PC-2 File Name: Discussion of Proposed Horse-Drawn Carriage Ordinance Final Action: Attachments: Proposed Horse-Drawn Carriage Regulations Proposed Horse-Drawn Carriage Ordinance History of Legislative File Version: Date: Acting Body: Action Text: 1 10/02/2007 City Council Title Discussion of Proposed Horse-Drawn Carriage Ordinance Explanation The proposed ordinance will provide citywide regulations for commercial horse-drawn carriages. The impetus for the ordinance is the current Special Use Permit (SUP) request for a wedding chapel at 85 Piazza Lane in The Village at Colleyville. The developer of the wedding chapel is proposing ahorse-drawn carriage as one the features of the business. Rather than have requirements for the horse-drawn carriage within the SUP ordinance applicable only to the wedding chapel, the City would be better served to enact general horse-drawn carriage provisions within the Colleyville Code of Ordinances that can be implemented, not only for the proposed wedding chapel, but for any future use located anywhere in the City. A new section, 14-27 Horse-Drawn Carriages, is proposed to be added to Chapter 14 - Animals of the Colleyville Code of Ordinances. In addition to the new section, the definitions (Section 14.1) of Chapter 14 will be updated as well. The proposed fee for ahorse-drawn carriage permit is $250.00. The fee will be charged annually and there will be no application submittal fee. The fee amount was determined by examining the horse-drawn carriage fees from the cities of Dallas, Fort Worth and Grapevine, which charge the following fees for ahorse-drawn carriage service: Dallas $500.00 yearly Fort Worth $150.00 plus $25.00 per carriage yearly Grapevine $250.00 yearly Status: Pre Council Controlling Body: City Council City of Colleyville Page 1 Printed on 9/27/2007 Agenda Briefing Continued The City of Grapevine's fee, $250.00, is the median amount listed above and, as such, was deemed the appropriate fee for the proposed horse-drawn carriage ordinance for Colleyville. City of Colleyville Page 2 Printed on 9/27/2007 Proposed Commercial Horse-Drawn Carriage Regulations Sec. 14. Additions to Definitions Horse means any member of the species Equus Caballus. Horse-Drawn Carriage means a chauffeured non-motorized vehicle drawn by a horse and used to transport persons for hire that typically operates in designated areas or on approved routes. Sec. 14-27. Commercial Horse-Drawn Carriages. (a) The City shall maintain the exclusive authority to grant a permit to one or more entities or companies to provide horse-drawn carriage service within certain defined locations in the City and pursuant to the terms and conditions of said permit. The conditions for granting ahorse- drawn carriage permit are as follows: (1) The Director of Public Works, hereafter referred to as Director, shall be responsible for the issuance of any horse-drawn carriage permit and implement and enforce this section and may, by written order, establish such rules or regulations, not inconsistent with this section, as the Director determines are necessary to discharge any duty under this section. (2) In order to obtain horse-drawn carriage permit, a person must submit a request in writing to the Director. The applicant must be the person who will own, control, or operate the proposed horse-drawn carriage service. The written request shall contain the following: (A) the name, address, and verified signature of the applicant; (B) a description of the proposed service, including routes, rates or fares to be charged, and schedules, where applicable; (C)documentary evidence from an insurance company indicating a willingness to provide liability insurance if required by the Director; Proposed Horse-Drawn Carriage Regulations Page 1 of 5 (D) such additional information as the applicant desires to include to aid in the determination of whether the requested horse-drawn carriage service should be granted; and (E) such additional information as the Director considers necessary to assist or promote the implementation or enforcement of this chapter or the protection of the public safety. (3) The annual fee fora horse-drawn carriage permit shall be $250.00. (4) The Director may deny any permit request for ahorse-drawn carriage service that does not conform to the provisions of this section and, additionally, may deny a permit request that, if approved, would be deemed to create a threat to public health and safety. (5) Upon denial of a horse-drawn carriage permit request, or revocation of an existing horse-drawn carriage permit, the applicant, or owner of the horse-drawn carriage service may appeal the denial, or revocation, to the City Manager for reconsideration. (b) No "walk-up" fares shall be charged to individuals who ride in a horse- drawn carriage. (c) The following are the requirements for horses used in the service of a horse-drawn carriage: (1) A horse must be appropriately shod to work on paved streets; (2) A horse must not have any open wound, oozing sore, cut below skin level, or bleeding wound; (3) A horse must not have evidence of lameness, such as but not limited to head bobbing or irregular rhythm; (4) A horse must be offered not less than five gallons of drinking water at least every two hours; (5) A horse must have at least a 10-minute rest period after every 50 minutes worked; Proposed Horse-Drawn Carriage Regulations Page 2 of 5 (6) A horse must not work longer than eight hours in a 24-hour period with a minimum of 12 hours rest; (7) A horse must have all harnesses properly fitted and in good repair with no deficiencies that could reasonably be deemed a safety hazard; (8) A horse must be properly cleaned with no offensive odors or caked dirt or mud; (9) A horse must wear a special sanitary device for containing animal excrement; (10) A horse must not work when the outside temperature exceeds 99 degrees Fahrenheit, is at or below 30 degrees Fahrenheit, or the thermal heat index exceeds 150, as measured by the National Weather Service at Dallas/Fort Worth International Airport; and (11) A horse must have been examined within the previous six months by a veterinarian licensed by the State of Texas who specializes in equine medicine and receive a state certificate of veterinarian inspection, which must be submitted to the Director upon request (d) The Director may require the holder or driver of a horse-drawn carriage to remove from service any horse that appears to be ill, overtired, undernourished, overloaded, injured, or lame or whose health or life, in the opinion of a veterinarian or qualified equine animal services officer, is in imminent danger. To reinstate a horse removed from service, the horse must be re-examined and a new state certificate of veterinarian inspection issued for the horse by a veterinarian licensed by the State of Texas and specializing in equine medicine, which certificate must be submitted to the Director. (e) A person commits an offense if he harasses or startles, or attempts to harass or startle, any horse while the horse is pulling a carriage or at rest or otherwise treats a horse inhumanely while it is working in a non- motorized passenger transport service. (f) The trailer used to transport the horse and carriage shall not be parked on any City right-of-way such that the flow of vehicular trafFc is impeded, or it poses a threat to public safety. (g) For purposes of this section, a horse is considered to be working any time it is on a public street or sidewalk, or other public right-of-way. Proposed Horse-Drawn Carriage Regulations Page 3 of 5 (h) The driver of a horse-drawn carriage shall adhere to the following rules of conduct: (1) act in a reasonable, prudent, and courteous manner; (2) maintain a sanitary and well-groomed appearance; (3) not consume an alcoholic beverage, drug, or other substance that could adversely affect the driver's ability to operate ahorse- drawn carriage; (4) not permit a person other than another employee of the horse- drawn carriage to operate a vehicle under the driver's control; (5) not permit a person on the back of a horse when under the driver's control; (6) not leave a horse untethered and unattended except when confined to a stable or other enclosure; (7) not permit a horse to drop excrement from its diaper at any time; and (8) clean any excrement dropped from a horse. (i) A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each horse-drawn carriage: (1) head lights; (2) taillights; (3) flashing lights; (4) a braking system; (5) rubber on all wheels; (6) a "slow moving vehicle" sign attached to the rear of the vehicle; (7) a copy of this chapter of the code; Proposed Horse-Drawn Carriage Regulations Page 4 of 5 (8) any other equipment required to comply with all applicable federal and state laws; and (9) any other special equipment that the Director determines to be necessary for the service to be operated. Q) A holder or driver of a horse-drawn carriage shall, at all times, keep each carriage clean and free of refuse and in safe operating condition. (k) A horse-drawn carriage must not have any cracks, broken or missing parts, or other visible damage. All wheels must be firmly attached to the hub of a vehicle and all springs, axles and supporting structures of each vehicle must be intact. (I) Officers of the police department shall assist in the enforcement of this section. A police officer upon observing a violation of this section shall take necessary enforcement action to insure effective regulation of a horse-drawn carriage. (m) Any appeal to the provisions of this section shall be considered and acted upon only by the City Council, unless stated otherwise. (n) A person commits an offense if he violates or attempts to violate a provision of this chapter applicable to the person. A separate offense is committed each day during which an offense occurs. An offense committed under this chapter is punishable by a fine of not more than $500.00. (o) Prosecution for an offense under Subsection (n) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. Proposed Horse-Drawn Carriage Regulations Page 5 of 5 ORDINANCE 0-07-xxxx AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE CITY OF COLLEYVILLE CODE OF ORDINANCES, CHAPTER 14 ANIMALS, REPEALING CONFLICTING ORDINANCES; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville is authorized to adopt ordinances to protect the health, safety, and welfare of its citizens; and WHEREAS, the City of Colleyville has determined that it is a necessity to regulate activities as provided for herein to safeguard the public; and WHEREAS, the City of Colleyville is authorized by law to adopt the provisions contained herein, and has complied with all the prerequisites necessary for the passage of this Ordinance; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the purposes of this Ordinance are to promote the public health, safety, and general welfare of the citizens of the City of Colleyville and to ensure the humane treatment of animals, the safe and efficient flow of vehicular traffic and the regulation of commercial horse-drawn carriages within the City. 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 a new section titled "Commercial Horse-Drawn Carriages" shall be added to this chapter. Sec. 3. THAT Chapter 14 Animals, is hereby amended in its entirety by the following changes and additions: "Chapter 14 Animals" Sec. 14-1 Definitions Ordinance 0-07-xxxx Page 2 of 8 The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Animal warden means any peace officer or police officer of the City, or any person appointed by the City Manager to enforce this chapter, together with any deputy thereof. At large means a dog that is not confined inside the owner's house or to the premises of the owner by a suitable fence of such sufficiency to prevent the dog from escaping therefrom, or secured on such premises by a leash of sufficient strength to prevent the dog from escaping from the premises and so arranged that the dog will remain upon the premises when the leash is stretched to full length in any direction. Provided, however, that a dog shall not be considered "at large" when held and controlled by some person, or restrained by means of a leash or chain of proper strength and length to control the actions of the dog, or while confined within a vehicle. City pound means and includes such area or portion of the City designated for the purpose of holding or restraining animals, and such other areas within or without the City, including veterinary hospitals, the Humane Society, or the pounds of other municipalities, as from time to time may be designated by the City Manager. Dog means a domesticated animal that is a member of the canine family. Dangerous dog means a dog that: (1) makes an unprovoked attack on a person that causes bodily injury and occurs in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own; or (2) commits unprovoked acts in a place other than an enclosure in which the dog was being kept and that was reasonably certain to prevent the dog from leaving the enclosure on its own and those acts cause a person to reasonably believe that the dog will attack and cause bodily injury to that person. Dangerous wild animal as used in this chapter shall mean and include any mammal, amphibian, reptile, or fowl, which is not naturally tame or gentle, but is of a wild nature or disposition and which because of its size, vicious nature, or other characteristics, would constitute a danger to human life or property. Wild animals shall include, but shall not be limited to lion, tiger, ocelot, cougar, panther, leopard, cheetah, jaguar, bobcat, lynx, serval, caracal, hyena, bear, wolf, coyote, fox, jackal, baboon, chimpanzee, orangutan, gorilla, alligator, crocodile, elephant, rhinoceros, non-descented skunks and Ordinance 0-07-xxxx Page 3 of 8 all forms of poisonous reptiles and other animals or any hybrid of an animal listed in this subdivision. Horse means any member of the species Equus Caballus. Horse-Drawn Carriage means a chauffeured non-motorized vehicle drawn by a horse and used to transport persons for hire that typically operates in designated areas or on approved routes. Secure enclosure means a fenced area or a structure that is: (1) locked; (2) capable of preventing the entry of the general public, including children; (3) capable of preventing the escape or release of a dog; (4) clearly marked as containing a dangerous dog; and (5) in conformance with the requirements for enclosures established by the animal warden. Owner means any person who owns or has custody or control of the animal or animals. Serious bodily injury means an injury characterized by severe bite wounds or severe ripping and tearing of muscle that would cause a reasonably prudent person to seek treatment from a medical professional and would require hospitalization without regard to whether the person actually sought medical treatment. Sec. 14-27. Commercial Horse-Drawn Carriages. (a) The City shall maintain the exclusive authority to grant a permit to one or more entities or companies to provide horse-drawn carriage service within certain defined locations in the City and pursuant to the terms and conditions of said permit. The conditions for granting ahorse-drawn carriage permit are as follows: (1) The Director of Public Works, hereafter referred to as Director, shall be responsible for the issuance of any horse-drawn carriage permit and implement and enforce this section and may, by written order, establish such rules or regulations, not inconsistent with this section, as the Director determines are necessary to discharge any duty under this section. Ordinance 0-07-xxxx Page 4 of 8 (2) In order to obtain horse-drawn carriage permit, a person must submit a request in writing to the Director. The applicant must be the person who will own, control, or operate the proposed horse-drawn carriage service. The written request shall contain the following: (A) the name, address, and verified signature of the applicant; (B) a description of the proposed service, including routes, rates or fares to be charged and schedules, where applicable; (C) documentary evidence indicating a willingness required by the Director; from an insurance company to provide liability insurance if (D) such additional information as the applicant desires to include to aid in the determination of whether the requested horse-drawn carriage service should be granted; and (E) such additional information as the Director considers necessary to assist or promote the implementation or enforcement of this chapter or the protection of the public safety. (b) (c) (3) The annual fee for ahorse-drawn carriage permit shall be $250.00. (4) The Director may deny any permit request for ahorse-drawn carriage service that does not conform to the provisions of this section and, additionally, may deny a permit request that, if approved, would be deemed to create a threat to public health and safety. (5) Upon denial of a horse-drawn carriage permit request, or revocation of an existing horse-drawn carriage permit, the applicant, or owner of the horse-drawn carriage service may appeal the denial, or revocation, to the City Manager for reconsideration. No "walk-up" fares shall be charged to individuals who ride in a horse-drawn carriage. The following are the requirements for horses used in the service of a horse- drawn carriage: (1) A horse must be appropriately shod to work on paved streets; (2) A horse must not have any open wound, oozing sore, cut below skin level, or bleeding wound; Ordinance 0-07-xxxx Page 5 of 8 (3) A horse must not have evidence of lameness, such as but not limited to head bobbing or irregular rhythm; (4) A horse must be offered not less than five gallons of drinking water at least every two hours; (5) A horse must have at least a 10-minute rest period after every 50 minutes worked; (6) A horse must not work longer than eight hours in a 24-hour period with a minimum of 12 hours rest; (7) A horse must have all harnesses properly fitted and in good repair with no deficiencies that could reasonably be deemed a safety hazard; (8) A horse must be properly cleaned with no offensive odors or caked dirt or mud; (9) A horse must wear a special sanitary device for containing animal excrement; (10) A horse must not work when the outside temperature exceeds 99 degrees Fahrenheit, is at or below 30 degrees Fahrenheit, or the thermal heat index exceeds 150, as measured by the National Weather Service at Dallas/Fort Worth International Airport; and (11) A horse must have been examined within the previous six months by a veterinarian licensed by the State of Texas who specializes in equine medicine and receive a state certificate of veterinarian inspection, which must be submitted to the Director upon request. (d) The Director may require the holder or driver of a horse-drawn carriage to remove from service any horse that appears to be ill, overtired, undernourished, overloaded, injured, or lame or whose health or life, in the opinion of a veterinarian or qualified equine animal services officer, is in imminent danger. To reinstate a horse removed from service, the horse must be re-examined and a new state certificate of veterinarian inspection issued for the horse by a veterinarian licensed by the State of Texas and specializing in equine medicine, which certificate must be submitted to the Director. (e) A person commits an offense if he harasses or startles, or attempts to harass or startle, any horse while the horse is pulling a carriage or at rest or otherwise treats a horse inhumanely while it is working in anon-motorized passenger transport service. Ordinance 0-07-xxxx Page 6 of 8 (f) The trailer used to transport the horse and carriage shall not be parked on any City right-of-way such that the flow of vehicular traffic is impeded, or it poses a threat to public safety. (g) For purposes of this section, a horse is considered to be working any time it is on a public street or sidewalk, or other public right-of-way. (h) The driver of a horse-drawn carriage shall adhere to the following rules of conduct: (1) act in a reasonable, prudent, and courteous manner; (2) maintain a sanitary and well-groomed appearance; (3) not consume an alcoholic beverage, drug, or other substance that could adversely affect the driver's ability to operate ahorse-drawn carriage; (4) not permit a person other than another employee of the horse-drawn carriage to operate a vehicle under the driver's control; (5) not permit a person on the back of a horse when under the driver's control; (6) not leave a horse untethered and unattended except when confined to a stable or other enclosure; (7) not permit a horse to drop excrement from its diaper at any time; and (8) clean any excrement dropped from a horse. (i) A holder or driver shall, at all times, provide and maintain in good operating condition the following equipment for each horse-drawn carriage: (1) head lights; (2) taillights; (3) flashing lights; (4) a braking system; (5) rubber on all wheels; (6) a "slow moving vehicle" sign attached to the rear of the vehicle; Ordinance 0-07-xxxx Page 7 of 8 (7) a copy of this chapter of the code; (8) any other equipment required to comply with all applicable federal and state laws; and (9) any other special equipment that the Director determines to be necessary for the service to be operated. Q) A holder or driver of a horse-drawn carriage shall, at all times, keep each carriage clean and free of refuse and in safe operating condition. (k) A horse-drawn carriage must not have any cracks, broken or missing parts, or other visible damage. All wheels must be firmly attached to the hub of a vehicle and all springs, axles and supporting structures of each vehicle must be intact. (I) OfFcers of the police department shall assist in the enforcement of this section. A police officer upon observing a violation of this section shall take necessary enforcement action to insure effective regulation of a horse-drawn carriage. (m) Any appeal to the provisions of this section shall be considered and acted upon only by the City Council, unless stated otherwise. (n) A person commits an offense if he violates or attempts to violate a provision of this chapter applicable to the person. A separate offense is committed each day during which an offense occurs. An offense committed under this chapter is punishable by a fine of not more than $500.00. (o) Prosecution for an offense under Subsection (n) does not prevent the use of other enforcement remedies or procedures applicable to the person charged with or the conduct involved in the offense. Sec. 4. THAT all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently files and pending in the Municipal Court in the City of Colleyville, Texas, shall be deemed repealed only when all such cases files and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty or nolo contendere, or dismissal. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be deemed guilty of a misdemeanor and upon Ordinance 0-07-xxxx Page 8 of 8 conviction thereof shall be fined in a sum not to exceed $500.00 and a separate offense shall be deemed committed upon each day during or on which a violation occurs or continues. Sec. 6. 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. 7. THAT the fact that the present ordinances and regulations of the City of Colleyville, Texas are inadequate to properly safeguard the health, safety, morals, peace and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage, and it is accordingly so ordained. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney ~1~~u Cit of Colle V~~~e 100 Main Street ~ Y Y Colleyville, Texas 76034 (817) 503-1000 "'~"" Agenda Briefing www•colleyville.com File Number: Version: 1 Requester: Economic Development Department File Type: Pre Council Agenda Date: 10/02/2007 Agenda No.: PC-3 File Name: Presentation of Economic Development Quarterly Update Attachments: History of Legislative File Final Action: Version: Date: Acting Body: Action Text: 10/02/2007 City Council Title Presentation of Economic Development Quarterly Update Explanation This item provides an opportunity for the Economic Development Manager to present an update on Economic Development Initiatives. The following events outline activities since the June 19, 2007, report to City Council. Staff hosted the Third Annual Business Appreciation Breakfast on June 20 to an audience of about 100. The program included updates of development in Colleyville and an update of the planned widening of SH26. The event continues to grow and feedback from attendees indicates it is very well received. Staff plans to continue this annual event. With major sponsors including Market Street, Mrs. Baird's Bakery, Texas Motors Ford, Dallas Baptist University, Tree of Life and three local radio stations, the economic development department hosted three summer concerts in the Market Street parking lot. About 30 local vendors reserved booth space at all three events. The Third Thursday 2007 Concert Series started on June 21, with a jazz theme featuring three bands. Attendance was an enthusiastic 150-200. The second concert on July 19, featured classic rock with two opening acts and an Elvis act. Attendance soared to well over 700 at this event. The final event on August 16, featured a country stage with two opening acts and the Tejas Brothers headlined. Attendance was approximately 400-500. The response from sponsors and vendors indicate strong support for additional shows in the future. Staff negotiated the sale of a parcel of land adjacent to the N3 Starbucks development to expand that development. The realignment of Church Street has begun and closing on the parcel will occur as soon as the surveys are complete. When the realignment of Church Street is complete, the City will deed the abandoned right-of-way to the adjacent property Status: Pre Council Controlling Body: City Council City of Colleyville Page 1 Printed on 9/27/2007 Agenda Briefing Continued owners. Staff negotiated an agreement between the owners of Colleyville Towne Square and N3 to use the right-of-way for additional parking and mutual access. Staff continues to work with various developers on projects and shows. Staff has reached a sponsorship agreement with the Northeast Orchestra to host their 2007-08 season, which opens October 19, 2007, at the Colleyville Center. Tivoli Wines has agreed to sponsor a wine, cheese and coffee tasting in conjunction with the concert. Scheduled concert dates for 2008 are: February 22, April 11 and May 23. The City is co-sponsoring a Christmas concert at Colleyville Center Thursday, December 13, featuring Danny Wright. The proceeds of the concert will benefit the Friends of the Library. The City joined with several Northeast Tarrant cites to host the Governor's staff in a tour of Northeast Tarrant County. The two-day event was a familiarization tour for the Governor's office. Staff exhibited at the North Central Texas Commercial Association of Realtors Expo in Dallas, August 30. The Mayor, City Manager and a Colleyville resident and banker attended. This annual event gives Colleyville a chance to be considered by most of the Dallas area developers and commercial brokers. The DBU Colleyville Business Breakfast Seminar Series started again on September 12, with about 20 people in attendance. The next seminars are October 10 and November 14. The 2008 series will start in January. Staff attended the International Economic Development Council's annual conference September 14-19. This event is a partial fulfillment of the requirements for re-certification as a Certified Economic Developer, a certification earned by staff in 1999. City of Colleyville Page 2 Printed on 9/27/2007 ~~~~~ 100 Main Street 1 "' ~ City of Colleyville Coll 8117) 03X1000034 r.,.;: Agenda Briefing www.colleyville.com File Number: Version: 1 Status: Pre Council File Type: Pre Council Agenda Date: 10/02/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-4 Final Action: Secretary File Name: Discussion of selecting a date and time for the Joint City Council and Planning and Zoning Commission meeting Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 10/02/2007 City Council Title Discussion of selecting a date and time for the Joint City Council and Planning and Zoning Commission meeting Explanation It has been determined there is a conflict with the previously selected date for the Joint City Council and Planning and Zoning Commission meeting. This item provides for City Council to select a new date and time. City of Colleyville Page 1 Printed on 9/26/2007 ~:~,, ~: ~ 100 Main Street ,('~? ~ City of Colleyville Coll 8117) 03X1000034 ""'' Agenda Briefing www.coueyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 10/02/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-5 Final Action: Secretary File Name: Discussion of the October 2, 2007, City Council regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 10/02/2007 City Council Title Discussion of the October 2, 2007, City Council regular agenda items City of Colleyville Page 1 Printed on 9/26/2007 ~~ Cit of Colle V~~~e 100 Main Street (p '~ ~ y y Colleyville, Texas 76034 (817) 503-1000 `"`'" Agenda Briefing www•colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Requester: Office of the City Secretary Agenda Date: 10/02/2007 Agenda No.: 1 File Name: Executive Session -Legal -October 2, 2007 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 10/02/2007 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. 551.071 -Legal -Discussion of potential litigation -Barbara Turner 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. 551.087 - 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 9/26/2007 RESOLUTION R-07-2889 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF OCTOBER 2, 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 (,''~7 ~ ~ City of Colleyville Colleyville, Texas 76034 ~j (817) 503-1000 ~~~~~~ Agenda Briefing vvw~n,.colleyville.com File Number: File Type: Presentation or Proclamation Status: Presentations or Proclamations Version: 1 Requester: Office of the City Secretary Agenda Date: 10/02/2007 Agenda No.: 3 File Name: Presentations and Proclamations -October 2, 2007 Controlling Body: City Council Final Action: Attachments: Fire Prevention Month Proclamation.pdf City of Colleyville Plaques.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/02/2007 City Council Title Proclamations In recognition of Fire Prevention Month -Fire Marshal Robert McKeown Presentations In recognition for service on the Planning and Zoning Commission - Ms. Mary Taylor In recognition for service on the Senior Center Advisory Committee - Mr. Marion Jenkins and Mr. Jim Moore In recognition for service on the Colleyville Economic Development Corporation Board - Mr. John Terhoeve and Mr. John Gray In recognition for service on the Metroport Teen Court Advisory Board - Mr. David Ebert In recognition for service on the Historical Preservation Committee - Ms. Sammie Bolling and Ms. Jacquelyn Young City of Colleyville Page 1 Printed on 9/26/2007 ~o~~~cn~~tio~ ~~TY ~~~. COIIeyVllle, TeXaS WHEREAS: the month of October has been designated by the City of Colleyville as Fire Prevention Month; and WHEREAS, fire prevention is a vital public service in Colleyville; and WHEREAS, each year fire prevention activities are emphasized throughout the City; and WHEREAS, fire prevention teams provide valuable lifesaving techniques and information to children in our schools through programs developed to enhance the learning process; and WHEREAS, fire service professionals in Colleyville respond to more than 1,100 calls every year to the potential threat of fire and other emergencies; and WHEREAS, Colleyville fire service personnel care for the community by teaching fire prevention to citizens to lessen the occurrence and severity of potential injuries caused by fire, and the citizens of Colleyville benefit daily from the knowledge and skills of these highly trained individuals. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and the citizens of Colleyville, do hereby proclaim the month of October 200' as FIRE PREVENTION MONTH in the City of Colleyville and encourage our citizens to practice fire prevention and express appreciation to our Fire Preventon Professionals. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 2nd day of October 2007. \ ~~ Mayor _ ~„ ~`~ ~rw ~...,_' Presented to MARY TAYLOR In Appreciation for Dedication and Service on the Planning and Zoning Commission 2005 - 2007 Presented to MARION JENKINS In Appreciation for Dedication and Service on the Senior Center Advisory Committee 2006 - 2007 Presented to JIM MOORS In Appreciation for Dedication and Service on the Senior Center Advisory Committee 2006 - 2007 Presented to JOHN TERHOEVE In Appreciation for Dedication and Service on the Colleyville Economic Development Corporation 2003 - 2007 Presented to JOHN GRAY In Appreciation for Dedication and Service on the Colleyville Economic Development Corporation 2003 - 2007 Presented to DAVID EBERT In Appreciation for Dedication and Service on the Metroport Teen Court Advisory Board 2006 - 2007 Presented to SAMMIE BOLLING In Appreciation for Dedication and Service on the Historical Preservation Committee 1995 - 2007 Presented to JACQUELYN YOUNG In Appreciation for Dedication and Service on the Historical Preservation Committee 1995 - 2007 RESOLUTION R-07-2890 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF OCTOBER 2, 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 held on September 18, 2007 b. Approval of an agreement with Brian P. Hanlon for the purchase of a life- size bronze firefighter as public art for the new Central Fire Station site, in the amount of $36,500.00, and authorize the City Manager to sign the agreement c. Approval of renewing the Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program, and authorize the City Manager to sign the agreement d. Approval of the Fiscal Year 2008 (FY2008) Agency Contractual Agreements for the Arts Council of Northeast Tarrant County, Alliance for Children, Safe Haven Tarrant County, Colleyville Heritage High School Project Graduation, Grapevine High School Project Graduation, Keller High School Project Graduation, Metroport Meals on Wheels, Mental Health Mental Retardation of Tarrant County, Grapevine Relief and Community Exchange (GRACE), Special Needs Assistance Partners (SNAP), and Colleyville Area Chamber of Commerce, and authorize the City Manager to execute the agreements e. Approval of a request for a street name change for Sanders Lane, Case G-07-018 f. Authorizing the abandonment of a roadway easement for Lots 3 and 4 of Tanglewood Addition, and authorize the City Manager to execute the agreement g. Approval of an Amendment to the Employment Agreement between the City of Colleyville and the City Manager h. Approval of the Fiscal Year 2008 Annual Work Plan Resolution R-07-2890 Page 2 of 2 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor '~--`~~ City of Colleyville ~ ~ _ `~ City Council Minutes -Draft h•ca~ City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, September 18, 2007 PC-1 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 18, 2007, at 5:31 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart, and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Director of Community Development and Business Strategies Chris Fuller, Economic Development Manager Scott Welmaker, Colleyville Center Manager Lin Przybyl, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Parks Superintendent Chuck Majors, Management Assistant Matt McCombs, City Attorney Cathy Cunningham and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers and Councilmember Rich Hendler were absent. Discussion of the 2007 City Council Work Plan for Community Relations City Secretary Cynthia Singleton presented information regarding the 2007 City Council Work Plan for Community Relations. She reported that staff evaluated City meetings and events and communication channels on the basis of value to the community, fiscal impact, frequency and format and reviewed the findings of a citizen survey, which revealed citizen's desire to transition from attending meetings to obtaining information in a more efficient manner. It was recommended and City Council determined (1) staff will coordinate with City, civic or neighborhood meetings and events and deliver the information and services to the citizens, (2) to continue the departmental display tables in the foyer of City Hall, (3) video broadcasting will be utilized prior to and after City Council meeting to provide information and the information will coordinate with the departmental displays, (4) the Board, Commission and Committee Appreciation event will be held every other year and modified to a formal dinner and speaker format, (5) to continue the annual Business Appreciation event, and (6) the Pastor's Appreciation luncheon will be held every other year. City of Colleyville Page 1 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 PC-2 PC-3 PC-4 There was general discussion regarding the quality of the video broadcast. Presentation of the Colleyville Economic Development Corporation Annual Activity Report Finance Director Terry Leake provided an overview of the Colleyville Economic Development Corporation Annual Activity Report. Presentation of the Monthly Financial Report -August 2007 Finance Director Terry Leake provided an overview of the August Monthly Financial Report and answered questions of the City Council. Discussion of the September 18, 2007, City Council regular agenda items Councilmember Licata stated that he would recuse himself from Agenda Item 5a due to a Conflict of Interest. It was determined that Agenda Item 8a would be considered after Agenda Item 5b. There was general discussion regarding Agenda Item 8a regarding the June 2006 Condominium Market Study, proposed land use and the bridge and sidewalk construction. Discussion continued regarding Agenda Item 5b and the requirements for granting a Special Use Permit for alcohol beverage sales and Agenda Item 6a regarding the location of the wedding chapel and accommodations for horse drawn-carriage rides. Mayor Kelly introduced City Attorney Cathy Cunningham, who is serving in Matthew Boyle's absence. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:23 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on September 18, 2007, at 6:53 p.m. Mayor Kelly announced Agenda Item 5b will be considered after Agenda Item 8a. Cify of Colleyville Page 2 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Economic Development Manager Scott Welmaker, Library Director Mary Rodne, Circulation/Computer Services Librarian John Schanot, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Matt McCombs, City Attorney Cathy Cunningham and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers and Councilmember Rich Hendler were absent. 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. 551.087 - 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 that there would be no decisions made or action taken during this time. The meeting was recessed at 6:54 p.m. and reconvened at 7:35 p.m. City of Colleyville Page 3 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 INVOCATION: Lee Johnson, Bear Valley Community 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-07-2879 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly expressed appreciation to Councilman Taylor for representing the Mayor in the annual Mayor's Grape Stomp and Councilmember Taylor expressed appreciation to Colleyville business owner Jennifer Patterson, who served as his partner in the event. Mayor Kelly recognized Haley Rodgers, Deputy Court Clerk, for obtaining the Certification for Court Clerk, Level 1. Finance Director Terry Leake commended Ms. Rodgers for becoming the City of Colleyville's first certified Court Clerk. Mayor Kelly recognized Finance Director Terry Leake for receiving the Certification of Excellence Investment Policy from the Association of Public Treasures of the United States and Canada on behalf of the City. Parks and Recreation Director Monica Walsh introduced Recreation Specialist Renee Garrett, who distributed invitations to the City Council to attend the First Anniversary celebration of the Colleyville Senior Center on September 28, 2007, at 10:00 a.m. Mayor Kelly invited the citizens to attend the celebration. Mayor Kelly, Library Director Mary Rodne and Computer Services Librarian John Schanot recognized the Colleyville Public Library Summer Chess Club participants, Kason Carroll, Tymon Dalton, Mark Elam, Erik Gill, Liam Haber, Lawrence Jones, Matthew Leslie, Nicholas Leslie, Steven McChesney, Desiree Pham, Dominique Pham, Dylan Pham, Dominic Procaccino, Daniel Puckett, Connor Scott, Chris Taub, Daniel Williams and Kevin Xu. Mayor Kelly presented a Proclamation to Officer Bill Hudgins in recognition of Crime Prevention Month. City of Colleyville Page 4 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 Mayor Kelly presented a Proclamation to Officer Bill Hudgins in recognition of Colleyville Night Out, a crime prevention event, to be held October 9, 2007. Officer Hudgins stated the Colleyville Night Out event promotes crime prevention and has been moved to October to encourage participation during cooler temperatures. Mayor Kelly invited citizens to participate in the neighborhood watch against crime event. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-07-2880 4a Approval of the minutes of the regular City Council meeting held on September 4, 2007 4b Approval of the minutes of the Special City Council meeting held on August 28, 2007 4c Approval of an Interlocal Agreement and funding for the Metroport Teen Court program 4d Approval to purchase two breathing air compressors systems from Casco Industries, in the amount of $43,136.00 4e Approval to purchase radios and associated components for the new fire stations in the amount of $29,097.00 4f Approval of Service Agreements between the City of Colleyville and Trane Service Group, through the Texas Cooperative Purchasing Network (TCPN) to provide for year two of a five-year agreement for the inspection, maintenance and repair of the HVAC systems in the Colleyville City Hall, Public Library and Justice Center, in an amount not to exceed $60,886, and subject to the approval of funding in the Fiscal Year 2008 Budget 4g Authorize the City Manager to approve amendments to the fee agreement with Boyle and Lowry, L.L.P. for services as City Attorney 4h Approval to Renew Ground Maintenance Mowing Contract to Whitmore and Sons, Inc., in an amount not to exceed $176,673.24, subject to the approval of funding in the Fiscal Year 2008 Budget, and authorize the City Manager to execute the contract 4i Approval of a Bid Award for Horticulture Grounds Maintenance Contract to The Lawn Firm, Inc. in an amount not to exceed $215,789.00, subject City of Colleyville Page 5 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 to the approval of funding in the Fiscal Year 2008 Budget, and authorizing the City Manager to execute the contract Mayor Kelly read Resolution R-07-2880 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-07-2880. Councilmember Hart seconded the motion. The motion carried by the following vote: Taylor Absent: 2 -Rich Hendler, Jon Ayers Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-07-1634 Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 5.6 acres out of the S.C.H. Witten Survey located at 2505-2509 Hall Johnson Road, Case Z-07-022 Councilmember Licata recused himself from consideration of this item due to a Conflict of Interest. Mayor Kelly read the caption of Ordinance 0-07-1634. Community Development and Business Strategies Director Chris Fuller stated that the percentage of opposition within 200 feet of the subject property has decreased to less than 20%; therefore, a super majority vote by City Council is no longer necessary to approve the request. Mayor Kelly opened the public hearing. Mr. Curtis Young, 8003 Jefferson Circle, applicant, provided information regarding meetings with neighbors to address concerns related to the proposed development. Mr. Kent Herald, 5704 Winding Trail, spoke in opposition to the proposed ordinance and regarding drainage and screening. City of Colleyville Page 6 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 Mr. Ray Crews, 5702 Winding Trail, spoke in opposition to the proposed ordinance and regarding fencing. Mr. Fred Mills, 5400 Linden Court, spoke in favor of the proposed ordinance and regarding drainage control and the developer addressing the concerns of the neighbors. Mr. Steve Early, 5606 Creekside Court, spoke in favor of the proposed ordinance. Mr. Tom Pasquale, 2306 Arbor Trail, spoke in favor of the proposed ordinance. Ms. Marsha Gayle, 2502 Arbor Trail, spoke in favor of the proposed ordinance and regarding the demand for the product, ad valorem tax revenue, decreased traffic noise and volume. Mr. Tim Gauntt, 3908 Magnolia Court, spoke in favor of the proposed ordinance and the demand for the type of home in the proposed development. Mr. Curtis Young, applicant, answered questions of the City Council and spoke regarding fencing, drainage, number of lots and open space. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-07-1634. Mayor Kelly seconded the motion. Mayor Kelly made a friendly amendment extending the masonry fence south along the eastern boundary of the property to the southern property line of Lot 8. Councilmember Taylor accepted the friendly amendment. The motion carried by the following vote: Aye: 4 -David Kelly, Carol Wollin, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers Abstain: 1 -Tony Licata 5b 0-07-1635 Approval of a request for a Special Use Permit for on-premise alcohol sales, on 3.2 acres on Tracts 3D, 3D2, 3D3, 3E, 3E2 and 3E3, Abstract 963 of the A.J. Lott Survey located at 7013, 7015 and 7017 Colleyville Boulevard, Case Z-07-030 City of Colleyville Page 7 Prinfed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 Mayor Kelly read the caption of Ordinance 0-07-1635. Community Development and Business Strategies Director Chris Fuller stated the applicant will provide information regarding the living screen wall and a video presentation. Mayor Kelly opened the public hearing. Mr. Kipp Whitman, 3930 Glade Road, spoke regarding the history of the property and the proposed development project. Ms. Pat Thomas Aistrup, 2201 Danielle Drive, spoke regarding the potential tenants of the proposed development, the proximity of homes to the project, tenant hours of operation, landscaping, screening and stated the developer did not meet with residents regarding concerns. Mr. Rocky Hudson, 7011 Colleyville Boulevard, spoke in opposition to the proposed ordinance and regarding drainage, buffer zone, noise level, fence height, parking lot location, restaurant hours of operation and entrance to the proposed development. Ms. Nancy Croney, 2409 Twelve Oaks Lane, spoke regarding the affect of the proposed development on the value of neighborhood homes, tenant hours of operation, buffer and setback. Mr. Stephen Bates, 2205 Danielle Drive, spoke regarding the potential noise pollution, tenant hours of operation, impact of project on property values and the screening and buffering. Ms. Alyce Kuhn, 2204 Danielle Drive, spoke regarding the impact of potential tenant's hours of operation on the neighborhood, buffering and past developments of the applicant. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor clarified that the City Council is considering approval of a Special Use Permit for on-premise alcohol sales and screening and buffering. There was a general discussion regarding the process for a Special Use Permit for alcohol sales and the number of Councilmembers constituting a super majority vote. Mr. Whitman spoke regarding the quality of the development and the importance of restaurants to the project. City of Colleyville Page 8 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 Councilmember Licata moved to deny Ordinance 0-07-1635 without prejudice. Mayor Kelly seconded the motion. 5c 0-07-1636 Mayor Kelly explained the motion to deny without prejudice allows the applicant to reapply without a time limit. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers Adoption of the proposed Fiscal Year 2008 (FY 2008) Budget Mayor Kelly read the caption of Ordinance 0-07-1636. Finance Director Terry Leake stated the Fiscal Year 2008 tax rate is $.3359 per hundred dollars of valuation and provided an overview of expense appropriations. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-07-1636. Councilmember Hart seconded the motion. Councilmember Taylor expressed appreciation to the City Council and staff for the management of the budget and the decision of the voters in 2005 to approve funding for the construction of the fire stations and outdoor warning system. Councilmember Licata stated the average homeowner will contribute $32.00 a year to construct the fire stations. Mayor Kelly complimented City Council and staff for a fiscally sound budget, increasing the street budget to $1 million and providing competitive salaries for staff. Councilmember Taylor stated it has been thirteen years since the tax rate has changed and commended past City Councils for maintaining the tax rate. City of Colleyville Page 9 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 5d 0-07-1637 Adoption of the Ad Valorem Tax Rate for Fiscal Year 2008 (FY 2008) Mayor Kelly read the caption of Ordinance 0-07-1637. Finance Director Terry Leake stated the proposed tax rate is $.3559, which is an increase of $.0085 over the existing tax rate of $.3474 and the increase will be used, in part, to fund the debt service on the bonds voters approved in 2005 and sold in 2007 to build two fire stations in the City and provide an outdoor warning system. Ms. Leake further stated the rate is below the calculated Charter rate and the state's rollback rate. 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 Hart moved that the property tax rate be increased by the adoption of a tax rate of $0.3559 and move to approve Ordinance 0-07-1637. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 5e 0-07-1638 Amending Ordinance 0-92-880 setting fees and charges for City facilities Mayor Kelly read the caption of Ordinance 0-07-1638. Finance Director Terry Leake provided an overview of the proposed fees and charges for City facilities and stated the boards, commissions and committees that provide input to the City Council reviewed and recommended the proposed fees and charges. Mayor Kelly opened the public hearing. City of Colleyville Page 10 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 There was no one present wishing to speak concerning this item and Mayor Kelly closed the- public hearing. Mayor Kelly moved to approve Ordinance 0-07-1638. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 5f 0-07-1639 Adoption of the Colleyville Economic Development Corporation Fiscal Year 2008 (FY 2008) Budget Mayor Kelly read the caption of Ordinance 0-07-1639. Finance Director Terry Leake stated the Colleyville Economic Development Corporation Board approved the proposed budget on September 4, 2007, and the budget was ratified by the City Council on September 4, 2007. Ms. Leake provided an overview of the CEDC budget, and stated staff will meet with the Colleyville Trails and Sidewalks Committee to determine the priority of the construction of the northern and southern section of the Pleasant Run area trail. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly stated the Colleyville Economic Development Corporation budget is funded through a one half cent sales tax and expressed appreciation to citizens for shopping Colleyville. Mayor Kelly moved to approve Ordinance 0-07-1639. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 5g 0-07-1640 Approval to amend Ordinance 0-95-999, Section 2, modifying the transfer for franchise fees from the Utility Fund to the General Fund City of Colleyville Page 11 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 Mayor Kelly read the caption of Ordinance 0-07-1640. Year 2008 budget, it is proposed the franchise fee paid by the Utility Fund to the General Fund be increased from 2% to 4% and provide funding for street maintenance. Finance Director Terry Leake stated the City's Utility Fund is essentially the franchise holder for water and sewer services and currently pays an annual franchise fee of 2% to the General Fund. As a part of the Fiscal 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 Hart moved to approve Ordinance 0-07-1640. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 5h 0-07-1641 Authorizing the City Manager to transfer unspent Fiscal Year 2007 (FY 2007) General Fund budget appropriations for street resurfacing maintenance and building inspection software acquisition from the General Fund to the Capital Projects Fund on September 30, 2007 Mayor Kelly read the caption of Ordinance 0-07-1641. Finance Director Terry Leake stated the Fiscal Year 2007 General Fund street maintenance plan included the rehabilitation of Shelton Drive. Ms. Leake further stated, with perimeter street fees available for the Shelton Drive project, approximately $75,000 remains in the street maintenance budget, and to preserve the funds for future street maintenance projects, it is proposed the City Manager be authorized to transfer these funds to the Capital Projects fund for future use. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-07-1641. Councilmember Wollin seconded the motion. City of Colleyville Page 12 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 The motion carried by the following vote: Taylor Absent: 2 -Rich Hendler, Jon Ayers Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-07-1642 Approval of a request for a Special Use Permit for a wedding chapel and for on-premise alcohol sales on Lot 40R1 of the Village at Colleyville Addition located at 85 Piazza Lane, Case Z-07-031 Mayor Kelly read the caption of Ordinance 0-07-1642. Community Development and Business Strategies Director Chris Fuller provided an overview of the request for a Special Use Permit for a wedding chapel and on-premise alcohol sales and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Mr. Michael Tamer, 1319 Eagle Bend, Southlake, Texas, applicant, provided information regarding the proposed wedding chapel and type of services. Mr. Jimmie Archie, Realty Capital Corporation, 99 Main Street, spoke in favor of the proposed ordinance and stated the agreement between Realty Capital and Mr. Tamer provides for a percentage of the Tax Increment Financing District revenues generated by the wedding chapel project be reimbursed to Mr. Tamer. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mr. Tamer was present to answer questions of the City Council and spoke regarding arrangements for a horse drawn carriage. Staff recommended that a City wide carriage ride ordinance be presented to the City Council for future consideration. Discussion ensued regarding public and valet parking space and alternate uses of the facility. City of Colleyville Page 13 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 7. 7a 7b Mayor Kelly read Resolution R-07-2882 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Zoning Board of Adjustment. Councilmember Hart moved to approve Resolution R-07-2882, appointing Ms. Dee McNosky to Place 4, Mr. L. Ed Moore to Place 5 and Mr. Kevin Sams as Alternate 1. Councilmember Wollin seconded the motion. RESOLUTION(S): READING AND PUBLIC HEARING R-07-2881 Consideration of appointments to the Planning and Zoning Commission Mayor Kelly read Resolution R-07-2881 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Planning and Zoning Commission. Councilmember Wollin moved to approve Resolution R-07-2881, appointing Mr. David Dudziak to Place 5, Mr. Michael Clardy to Place 6 and Mr. Larry Knox to Place 7. Councilmember Licata seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers R-07-2882 Consideration of appointments to the Zoning Board of Adjustment City of Colleyville Page 14 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 The motion carried by the following vote: 7c R-07-2883 Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers Consideration of appointments to the Senior Center Advisory Committee 7d Mayor Kelly read Resolution R-07-2884 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Colleyville Economic Development Corporation Board. Mayor Kelly read Resolution R-07-2883 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Senior Center Advisory Committee. Councilmember Taylor moved to approve Resolution R-07-2883, appointing Wanda Johnson and Dorothy Lee Parker to the Senior Center Advisory Committee. Councilmember Taylor commended Mr. Marion Jenkins and Mr. Jim Moore for their service on the Committee and contribution to the success of the Senior Center. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers R-07-2884 Consideration of appointments to the Colleyville Economic Development Corporation Board City of Colleyville Page 15 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 Councilmember Taylor moved to approve Resolution R-07-2884, appointing Mr. Greg Appel, Mr. James Spriggs and Ms. Yvonne Gilliam to the Colleyville Economic Development Corporation Board. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 5 - David- Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 7e R-07-2885 Consideration of appointments to the Metroport Teen Court Advisory Board Mayor Kelly read Resolution R-07-2885 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Metroport Teen Court Advisory Board. Councilmember Wollin moved to approve Resolution R-07-2886, appointing Ms. Karen Hahne and Ms. Leticia Sedberry to the Metroport Teen Court Advisory Board. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 4 -David Kelly, Carol Wollin, Tony Licata, Tom Hart Absent: 2 -Rich Hendler, Jon Ayers 7f R-07-2886 Consideration of appointments to the Historical Preservation Committee Mayor Kelly read Resolution R-07-2886 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Historical Preservation Committee. Councilmember Taylor moved to approve Resolution R-07-2886, City of Colleyville Page 16 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 appointing Ms. Nelda Thompson, Mr. Ed Havran, Mr. Joe Deupree, Mr. Jim Gotcher and Ms. Barbara Kirkland to the Historical Preservation Committee. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers 7g R-07-2887 Ratification of the tax increase approved in the Fiscal Year 2007-2008 General Fund and Debt Service Budgets adopted by Ordinance 0-07-1636 as required by Section 102.007 Subsection(c) of the Local Government Code of Texas Finance Director Terry Leake stated the State Legislature recently approved Section 102.007 Subsection (c) of the Local Government Code of Texas, which requires ratification of the tax increase approved in the Fiscal year 2007-2008 General Fund and Debt Service Budgets. Mayor Kelly stated there have been two public hearings and two public meetings on the proposed tax rate and the legislature requires the City Council to approve a resolution to ratify the tax rate. Mayor Kelly moved to approve Resolution R-07-2887. Councilmember Hart seconded the motion. City Manager Bill Lindley expressed appreciation to the City Council and budget team members Assistant City Manager Kelly Cooper, Finance Director Terry Leake, Human Resources Manager Elise Welborn and former Budget and Administrative Services Manager Stephen Seidel for the time and dedication devoted to developing the Fiscal Year 2008 budget. The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers City of Colleyville Page 17 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 8. 8a Mayor Kelly read Ordinance 0-07-1630. Community Development and Business Strategies Director Chris Fuller stated that the applicant has provided additional information as requested by City Council and revised the residential density. Mayor Kelly opened the public hearing. Mr. Jimmie Archie, Realty Capital Corporation, 74 Casa Lane, spoke regarding the construction of a bridge connecting the proposed project to The Village at Colleyville, clean-up of Pleasant Run Creek, height of buildings, number of parking spaces per residential unit, percentage of retail sales tax producing businesses, viability of project, market for condominium units, the Tax Increment Financing District related to the proposed project and taxable value of the proposed project and the timeline for commencing the project. Mr. Rex Pitts, 66 Veranda Lane, spoke in favor of the proposed ordinance and regarding the amenities of living in The Village at Colleyville. Mr. Dale Porter, 2213 Grizzley Lane, Euless, Texas, spoke in favor of the proposed ordinance and regarding the marketing of condominium homes and plans to develop a business in Colleyville. Ms. Judith Henkels, 76 Casa Lane, spoke in favor of the proposed ordinance and regarding the amenities of living in The Village at Colleyville. Ms. Sophie Diaz, 6406 Cutter Ridge Court, spoke in favor of the proposed ordinance and regarding the demand for The Village at Colleyville condominiums and quality of the residences. Mr. Paul Zipperlen, 55 Main Street, spoke in favor of the proposed ordinance and regarding successful businesses in The Village at Colleyville. Ms. Peggi Holtshouser, 84 Casa Lane, spoke in favor of the proposed TABLED ITEM AND PUBLIC HEARING: 0-07-1630 Approval of a request for a zoning change from CC1-Village Retail to PUDC-Planned Unit Development Commercial on Lots AR and BR of the E.M. Thompson Subdivision and Lot 2, Block 1 of the Foster Addition located at 5204, 5224 and 5232 Colleyville Boulevard, Case Z-07-026 This item was considered after Agenda Item 5b. City of Colleyville Page 18 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 ordinance and regarding the desirability of The Village at Colleyville neighborhood. Mr. Joseph Turner, 62 Veranda Lane, spoke in favor of the proposed ordinance. Ms. Sharon New, 61 Piazza Lane, spoke in favor of the proposed ordinance. Mr. Bill Moist, 35 Piazza Lane, spoke in favor of the proposed ordinance. Mr. Tommy Dreiling, Peyton Thomas Homes, 90 Casa Lane, spoke in favor of the proposed ordinance and regarding the financing and popularity of homes in The Village at Colleyville. Mr. Kevin Smith, Tivoli Wines, 62 Main Street, spoke in favor of the proposed ordinance and regarding economic development in The Village at Colleyville. Ms. Kathleen Hennessy, Tivoli Wines, 62 Main Street, spoke in favor of the proposed ordinance and regarding property owned in and the entry to The Village at Colleyville and the insulation and air filtration system for the proposed commercial and residential units. Ms. Susan Williams, 4804 Meandering Way, spoke in favor of the proposed ordinance and regarding the construction of a gateway to The Village at Colleyville. Mr. John Arnett, 85 Village Lane, spoke in favor of the proposed ordinance and regarding the visibility of The Village at Colleyville. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Mr. Jimmie Archie, applicant, answered questions of the City Council. Discussion ensued regarding the timeline for demolition of the current buildings on the proposed site. Councilman Taylor moved to approve Ordinance 0-07-1630, with the amendment to include the following language: Any floor of Building D may be commercial use and no residential uses permitted on the first floor of Building C or D; a maximum of 30 residential units allowed on the second and third floor of Building D; the bridge shall be constructed with similar materials and design as the existing Main Street bridge; give strong consideration to renaming Mission Lane to Village Drive or Mission Avenue; the drive connection and bridge shall be dedicated as a City of Colleyville Page 19 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 public right-of-way built to the standards of this ordinance. Mayor Kelly made a friendly amendment to add a five foot sidewalk on both sides of the Mission Lane bridge and seconded the motion. Councilmember Taylor accepted the friendly amendment and made a friendly amendment that the 8 foot sidewalk may be a minimum 6 feet wide as determined by the City Engineer. Mayor Kelly accepted the friendly amendment. The motion carried by the following vote: Aye: 4 -Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers Mayor Kelly recessed the meeting at 10:28 p.m. and reconvened at 10:38 p.m. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 10. REPORTS: Sign Board of Appeals Minutes -July 12, 2007 Parks and Recreation Advisory Board Minutes -August 6, 2007 Library Board Minutes -August 13, 2007 Zoning Board of Adjustment Minutes -August 14, 2007 Planning and Zoning Commission Minutes -August 27, 2007 There was no discussion of this item. 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF SEPTEMBER 18, 2007 -Reading and Public Hearing -Resolution R-07-2888 This resolution was not needed. 12. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Hart seconded the motion. City of Colleyville Page 20 Printed on 9/27/2007 City Council City Council Minutes -Draft September 18, 2007 The motion carried by the following vote: Aye: 5 - David Kelly, Carol Wollin, Tony Licata, Tom Hart, Mike Taylor Absent: 2 -Rich Hendler, Jon Ayers Mayor Kelly adjourned the meeting at 11:33 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY OF Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary NAYS AND 2007. City of Colleyville Page 21 Printed on 9/27/2007 ,~J t~,. ~" "~ 100 Main Street ~1 ~ City of Colleyville Coll 8117) 03X1000 034 ~i ~""` Agenda Briefing ~~colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Fire Department Agenda Date: 10/02/2007 Agenda No.: 4b Controlling Body: City Council Final Action: File Name: Approval of an agreement with Brian P. Hanlon for the purchase of a life-size bronze firefighter as public art for the new Central Fire Station site, in the amount of $36,500.00, and authorize the City Manager to sign the agreement Attachments: Bronze Statue Agreement.pdf Bronze Firefighter Statue Sample.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/02/2007 City Council Title Approval of an agreement with Brian P. Hanlon for the purchase of a life-size bronze firefighter as public art for the new Central Fire Station site, in the amount of $36,500.00, and authorize the City Manager to sign the agreement Explanation Reading and Public Hearing The City Council established a public art budget in the Fiscal Year 2008 (FY2008) budget. Staff is requesting the initial purchase of public art for the City of Colleyville, be a life-size bronze statue of a firefighter in full turnout gear, placed at the new Central Fire Station. Staff seeks approval to enter into an agreement with Sculptor Brian P. Hanlon to produce, deliver and install the bronze firefighter at a cost of $36,500.00. Financial Impact It has been determined that funds are available from the $60,000.00 which, has been allotted to the public art budget. Recommendation Approval City of Colleyville Page 7 Printed on 9/28/2007 AGREEMENT made this day of September, 2007, by and between Brian P. Hanbn, of 281 Rivers Edge Lane, Toms River, N.J. 08755 (herein called The Sculptor) and The City of Colleyvllle, a city of the state of Texas, with its principal office at 1900 ball Johnson Street, Colleyville City, Texas 76034 (herein called The City) ; WHEREAS, The City is interested in erecting a life size figurative statue as; a standing firefighter with a custom shield on the helmet; and WHEREAS, The City wishes The Sculptor to produce such sculpture; and WHEREAS, The Sculptor is willing to do so upon the terms and conditions hereinafter set forth, NOW, THEREFORE, it is agreed by and between the parties hereto as follows: 1. Within one (1) month of the date hereof The Sculptor will prepare as appropriate a custom shield for the statue and a create a mold 2. Within one (1) month after the preparation of the mokt The Sculptor will have the sculpture cast in bronze and a patina will be applied to the finished coating. 4. Within one (1) week after the statue has been cast it will be delivered to The City. 5. Cost -The cost of the sculpture cast in tNOnze is $35,000.00. Delivery is $1,500.00. Total cost due Ls the amount of $36,500.00. 6. Payment Schedule -The first payment is $15,000. and shall be paid by October 6, 2007. The second payment is $21,500. and shall be paid upon delivery of the statue. 7. This statue is a Dopy of a design created and owned by the sculptor as intellectual property which inGudes exGusive duplication rights. 8. The city is hereby granted permission fp use this statue's two~imentional image with it's custom shield in any and all publications or advertismenl5 as appropriate for the city IN WITNESS WHEREOF, BRIAN P. HANLON has signed sealed these presents and THE CITY OF COLLEYVILLE has caused these pn~ents to be signed by an authorized officer on the day and year first above written. BRIAN LON WITNESS: _/ I / ~. CITY OF COLLEYVILLE BY: ATTEST: ~.~ 3 YW ~~~ .~ ~,~ ~~ \~ ~~ i ,, ...., , t'~ f~' _~~~. r'~ ~+ ~~~ l _ ,jj iy 4y ~ ,~~s ~ ~r~ ~~ :~ L-.1:~ '1' l=h ~~ ~~ ~_ -.;~z .,, -=v ~- 100 Main Street /"~ ~ ~ City of Colleyville CoII 8117) 03X1000034 ~j ~~~~~= Agenda Briefing ~~~Ileyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Office of the City Manager Agenda Date: 10/02/2007 Agenda No.: 4c Controlling Body: City Council Final Action: File Name: Approval of renewing the Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program, and authorize the City Manager to sign the agreement Attachments: Interlocal Agreement For Participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program Letter from ECC dated 8-24-2007.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/02/2007 City Council Title Approval of renewing the Interlocal Agreement for participation in Fort Worth's Environmental Collection Center Household Hazardous Waste Program, and authorize the City Manager to sign the agreement Explanation Reading and Public Hearing The City of Fort Worth operates the Environmental Collection Center (ECC), a permanent collection facility. In 1997, the City entered into an Interlocal Agreement allowing residents access to this facility. The City of Colleyville's membership in the ECC allows the City to offer our citizens a safe and legal way to dispose of pesticides, solvents, paints, cleansers and other household chemicals. By encouraging residents to drop materials off at the ECC, the City provides an alternative for disposal of hazardous materials with household trash. Use of the ECC minimizes the disposal of chemicals in sink drains and prevents excessive wear on the City's sewer infrastructure. The ECC also provides an alternative to dumping chemicals in yards, streets or gutters, which facilitates compliance with regulations for runoff and protects creeks and rivers. Additionally, the ECC provides for a mobile collection unit (Crud Cruiser) for collection once per year. The Crud Cruiser has become an integral part of the annual Keep Colleyville Beautiful Spring Clean Sweep. The City of Fort Worth charges the City each time a resident drops off materials at the ECC, City of Col/eyville Page 1 Printed on 9/26/2007 Aaenda eriefina Continued and bills the City on a quarterly basis. The cost per drop is $47.00 regardless of quantity. That is an increase of $1.00 from last year. The City anticipates approximately 250 drops this year for a total cost of $11,750.00. Additionally, the City anticipates approximately 200 participants at the Crud Cruiser event at a cost of $10, 000.00. Financial Impact It has been determined that adequate funding is available in the Fiscal Year 2008 Budget. Recommendation Approval City of Col/eyville Page 2 Printed on 9/26/2007 FORT WORTH August 24, 2007 City of Colleyville Attn: Mr. Stephen Seidel 100 Main Street Colleyville, Texas 76034 Dear Mr. Seidel: Enclosed is a copy of the Interlocal Agreement between the City of Colleyville and the City of Fort Worth for continued participation at the Environmental Collection Center. The contract term is October 1, 2007 through September 30, 2008. The rate for the next year will be $47.00 per household. Please note that blanks on pages 1, 7 and 15 must be completed for execution in addition to the signature page. Please execute and return three copies of the Interlocal Agreement no later than September 18, 2007 to: City of Fort Worth Department of Environmental Management 1000 Throckmorton Fort Worth, Texas 76102. If you need any additional information please do not hesitate to contact me at 817-392-6102. Sinc . (.l/~-~ Tara Sims Administrative Services Manager Enclosures (3) ENVIRONMENTAL MANAGEMENT DEPARTMENT THE CITY OF FORT WORTH * IOOO THROCKMORTON STREET * FORT WORTH, IGXAS 761()2-6311 817-392-6088 * Fnx 817-392-6359 * www.fortworthgov.org/dem iY Printed on recycled paper INTERLOCAL AGREEMENT FOR PARTICIPATION IN FORT WORTH'S ENVIRONMENTAL COLLECTION CENTER HOUSEHOLD HAZARDOUS WASTE PROGRAM THIS AGREEMENT is entered into by and between the City of Fort Worth, Texas, ahome-rule municipal corporation situated in Tarrant, Denton and Wise Counties, Texas, hereinafter called "Fort Worth," acting herein by and through Libby Watson, its duly authorized Assistant City Manager, and City of ~ (e i ~l ~ , a municipality situated in ~ ~ ~r~ ~`"r County, Texas, herein f~er called "Participating City," acting herein by and through (~; ~ J L~ ~12~1 its duly authorized (~ ~~ ~ VKAr~~S Gf WITNESSETH WHEREAS, Texas Government Code, Chapter 791, authorizes the formulation of interlocal cooperation agreements between and among local governments; and WHEREAS, Texas Government Code, §791.011 provides that a local government may contract with another to perform governmental functions and services, and §791.003(3)(H) defines waste disposal as a governmenta( function and service; and WHEREAS, Texas Government Code, §791.025 provides that a local government may agree with another local government to purchase services; and WHEREAS, Fort Worth and Participating City desire to enter into an interlocal agreement whereby Fort Worth will purchase the services of a waste disposal/recycling firm or firms and will administer a household hazardous waste collection program; and WHEREAS, Fort Worth and Participating City mutually desire to be subject to the provisions of Texas Government Code, Chapter 791, also known as the Interlocal Cooperation Act. NOW THEREFORE, it is agreed as follows: 1. DEFINITIONS A. Unless a provision in this Agreement explicitly states otherwise, the following terms and phrases, as used in this Agreement, shall have the meanings hereinafter designated. Act of God means an act occasioned by the direct, immediate, and exclusive operation of the forces of nature, uncontrolled or uninfluenced by the power of humans and without human intervention. Bill of Lading lists the contents of the mobile collection unit. Environmental Collection Center (ECC) means the City of Fort Worth Department of Environmental Management facility located at 6400 Bridge Street, Fort Worth, Texas, which is to be used by Fort Worth for the aggregation of household hazardous wastes that have been brought to the facility by participating cities' households for subsequent recycling, disposal, and/or reuse. Environmental damages means afl claims, judgments, damages, losses, penalties, fines, liabilities (including strict liability), encumbrances, liens, costs, and expenses of investigation and defense of any claim, whether or not such claim is ultimately defeated, and of any good faith settlement or judgment, of whatever kind or nature, contingent or otherwise, matured or un-matured, foreseeable or unforeseeable, including without limitation reasonable attorney's fees and disbursements and consultant's fees, any of which are incurred subsequent to the execution of this Agreement as a result of the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of waste pursuant to this Agreement, or the existence of a violation of environmental requirements pertaining to same, and including without limitation: (a) Damages for personal injury and death, or injury to property or natural resources; (b) Fees incurred for the services of attorneys, consultants, contractors, experts, laboratories and all other costs incurred in connection with the investigation or remediation of such wastes or violation of environmental requirements including, but not limited to, the preparation of any feasibility studies or reports or the performance of any cleanup, remediation, removal, response, abatement, containment, closure, restoration or monitoring work required by any federal, state or local governmental agency or political subdivision, or otherwise expended in connection with the existence of such wastes or violations of environmental requirements, and including without limitation any attorney's fees, costs and expenses incurred in enforcing this Agreement or collecting any sums due hereunder; and (c) Liability to any third person or governmental agency to indemnify such person or agency for costs expended in connection with the items referenced in subparagraph (b) herein. Environmental requirements means all applicable present and future statutes, regulations, rules, ordinances, codes, licenses, permits, orders, approvals, plans, authorizations, concessions, franchises, and similar items, of all governmental agencies, departments, commissions, boards, bureaus, or instrumentalities of the United States, states, and political subdivisions thereof and all applicable judicial, administrative, and regulatory decrees, judgments, and orders relating to the protection of human health or the environment, including without limitation: (a) All requirements, including but not limited to those pertaining to reporting, licensing, permitting, investigation, and remediation of emissions, discharges, releases, or threatened releases of hazardous materials, pollutants, contaminants, or hazardous or toxic substances, materials, or wastes whether solid, liquid, or gaseous in nature, into the air, surface water, groundwater, storm water, or land, or relating to the manufacture, processing, distribution, use, treatment, storage, disposal, transport, or handling of pollutants, contaminants, or hazardous or toxic substances, materials, or wastes, whether solid, liquid, or gaseous in nature; and (b) All requirements pertaining to the protection of the health and safety of employees or the public. Page 2 Force majeure means decrees of or restraints by a governmental instrumentality, acts of God, work stoppages due to labor disputes or strikes, failure of Fort Worth's contractor(s) to perform pursuant to their agreements with Fort Worth for the conduct of the collection of household hazardous waste, fires, explosions, epidemics, riots, war, rebellion, and sabotage. Household hazardous waste (HHW) means any solid waste generated in a household by a consumer which, except for the exclusion provided for in 40 CFR § 261.4(b)(1), would be classified as a hazardous waste under 40 CFR Part 261. Manifest means the uniform hazardous waste manifest form(s) furnished by the TCEQ to accompany shipments of municipal hazardous waste or Class 1 industrial solid waste for waste transported to a site in Texas, or the comparable manifest of the receiving state if the waste is transported out of Texas. Mobile collection event means a household hazardous waste collection event by Participating City utilizing a mobile collection unit. Fort Worth Mobile collection unit (MCU) means anon-self-propelled vehicle used for the periodic collection of household hazardous waste by Participating City, off-site of the ECC, which is transported to the ECC to dispose of the household hazardous waste collected at the mobile collection event. The Fort Worth Mobile Collection Unit is designed to hold the hazardous waste of approximately 50 to 75 households. Participating Cities, when used in the plural, means Fort Worth, Participating City, and all other entities which have entered into interlocal agreements with Fort Worth for the ECC household hazardous waste collection program. Person means an individual, corporation, organization, government, or governmental subdivision or agency, business trust, partnership, association, or any other legal entity. Waste has the same meaning as "solid waste" as that term is defined in Texas Health and Safety Code §361.003, and including hazardous substances. B. Unless a provision in this Agreement explicitly states otherwise, the following abbreviations, as used in this Agreement, shall have the meanings hereinafter designated. CERCLA -Comprehensive Environmental Response, Compensation, and Liability Act. CPR -cardiopulmonary resuscitation. DOT -United States Department of Transportation. ECC -Environmental Collection Center. EPA -United States Environmental Protection Agency. Page 3 HAZCAT -hazardous categorization. HAZWOPER -hazardous waste operations and emergency response. HM -hazardous materials. HHW -household hazardous waste. MCU -Mobile Collection Unit. 2. PURPOSE The purpose of this interlocal agreement (hereafter "Agreement") is the provision of services by Fort Worth to Participating City whereby, subject to the terms and conditions specified below, Fort Worth will administer and supervise a regional household hazardous waste collection program, which will be available to households within Participating City as described herein. 3. TERM This Agreement shall be effective from the date the last party has signed this Agreement through September 30, 2008. 4. SERVICES OF FORT WORTH Fort Worth agrees to perform the following services for Participating City in connection with the ECC household hazardous waste collection program: A. Fort Worth will administer a regional household hazardous waste collection program. This program will include the operation of the Environmental Collection Center, which will accept for disposal and/or recycling household hazardous waste from households located within Participating City. Fort Worth shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials; wastes from businesses; and any other wastes that Fort Worth has determined are unacceptable. B. Fort Worth will employ or retain personnel to provide the services necessary to perform Fort Worth's obligations in this Agreement. C. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, which is collected at the ECC. D. Fort Worth will, if requested in writing by Participating City, provide Participating City with copies of waste manifests for shipments of waste from the ECC. Page 4 E. Fort Worth will, if requested in writing by Participating City, provide Participating City a monthly report of the Participating City's households who disposed of household hazardous waste at the Environmental Collection Center or a Mobile Collection Event. F. Fort Worth will issue a report and a bill at the end of each quarter detailing the number of Participating City's households that disposed of household hazardous waste at the Environmental Collection Center or at a mobile collection event. G. Fort Worth will act under this Agreement in accordance with all applicable state and federal laws. H. Non-Fort Worth Mobile Collection Unit Fort Worth agrees to accept household hazardous waste from Participating City's MCU in accordance with Section 5, of this Agreement. 2. Fort Worth agrees to restock the items it removes from Participating City's MCU, however, Fort Worth shall only restock items listed in Exhibit "A", attached and incorporated herein as if set forth. I. Mobile Collection Events -Usina Fort Worth's Unit 1. If Participating City would like to schedule a mobile collection event with the Fort Worth Mobile Collection Unit, Fort Worth will send Participating City a list of available dates. Participating City will contact Fort Worth as soon as possible to schedule the date, time and location agreeable to both parties. (a) Location If Participating City chooses to hold the Mobile Collection Event on private property, Participating City shall obtain a signed waiver from the owner of the property one (1) week prior to the event. The waiver shall be in the form of Exhibit B or similar form approved by Fort Worth. The signed waiver must be sent to Fort Worth one (1) week before the Mobile Collection Event. if the signed waiver is not sent to Fort Worth one (1) week before the Mobile Collection Event, Fort Worth will not send the Fort Worth Mobile Collection Unit to the event and Participating City will, in no event, be entitled to any damages of recovery of any costs, except as provided herein. (b) Available Dates Participating City acknowledges that Fort Worth contracts with other municipalities and that Fort Worth will be accommodating each Participating City's request on a first come first served basis. Therefore, Participating City acknowledges that its chosen date to schedule a mobile collection event may be reserved by another City and Participating City will have to then choose another date. Participating City will, in no event, be entitled to any damages or recovery of any costs, except as provided herein. Page 5 2. At the Mobile Collection Event, Participating City acknowledges and agrees that Fort Worth shall accept household hazardous waste from the first 50 households that show proof of residency at the Mobile Collection Event. After the first 50 households, Fort Worth will determine in its sole discretion how much more waste it can accept and store properly. If more households arrive at the event than Fort Worth can accept, Participating City will in no event be entitled to any damage of recovery of any costs, except as provided herein. 3. Due to the lack of storage space at the ECC, Participating City acknowledges and agrees that if it requests the Fort Worth Mobile Collection Unit at a mobile collection event, a Participating City's Non-Fort Worth Mobile Collection Unit shall not also be at the event. 4. City, in its sole discretion, will determine whether to send the Fort Worth Mobile Collection Unit to Participating City's Collection Event during adverse weather or the threat of adverse weather including but not limited to sleet, snow, rain, mist or hail. In the event Fort Worth determines not to send the Fort Worth Mobile Collection Unit, Fort Worth shall notify persons listed in Section 5, Paragraph A and shall send a Fort Worth employee to the Participating City's event to tell any residents that come to dispose of household hazardous waste; 1) that the Fort Worth Mobile Collection Unit will not be coming to the event, and, 2) that the resident can go to the ECC to dispose of the waste and provide a map to the ECC. Loan of the Special Mobile Collection Unit Participating City may request the loan of Fort Worth's Special Mobile Collection Unit, which is a specially designed and equipped thirty-six (36) foot gooseneck box-trailer and one (1) ton pickup, free of charge for use in a Household Hazardous Waste collection event when available. Participating City may use the Special Mobile Collection Unit to transport HHW to Fort Worth's ECC or another collection center which may lawfully receive HHW. Participating City shall provide Fort Worth with a written request, facsimile or a-mail at least thirty (30) days prior to the HHW Collection Event for which the request is made. Fort Worth shall have sole determination whether the Special Mobile Collection Unit is available for use by Participating City and shall notify Participating City as soon as is reasonably practicable of such decision. Fort Worth shall not participate nor be responsible for any part of the Participating City's HHW Collection Event unless and except by written mutual agreement. 2. The Special Mobile Collection Unit shall be in good working condition and Fort Worth shall disclose any known problems the Special Mobile Collection Unit may have in performing the tasks necessary for the HHW Collection Event. Prior to issuance of the Special Mobile Collection Unit, apre-trip inspection for potential maintenance problems will be preformed by Fort Worth. Also, both parties will complete apre-aesthetic assessment. Participating City shall be responsible for all certifications, and insurance necessary for the proper operation of the Special Mobile Collection Unit. Page 6 3. Participating City agrees to maintain and return the Special Mobile Collection Unit in as good condition as it was in when Participating City took possession for use. Participating City shall return the Special Mobile Collection Unit to Fort Worth in a timely manner and as mutually agreed upon. 4. Participating City shall be responsible for all work-related property damage, personal injury or death caused by Participating City's employees or volunteers and arising out of the .use of the Special Mobile Collection Unit during the term of this Agreement. 5. It is expressly understood and agreed that, in the execution of this Agreement, neither of the parties waives, nor shall be deemed hereby to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement the parties do not intend to create any obligations, expressed or implied, other than those set forth herein and this Agreement shall not create any rights in parties not signatories hereto. 5. DUTIES OF PARTICIPATING CITY Participating City agrees to perform the following duties in connection with the household hazardous waste collection program: A. Participating City will designate one of its employees, and another as an alternate, to act as its household hazardous waste collection coordinator to interact with Fort Worth. Designated person is: (~i ~ ~ ~t ~~ ~~`~ telephone number: Pager number or 24-hour numberrrwher he or she can be reached: Alternate person is C ~(' ~ ~ r~ (~ e r telephone number: Pager number or 24-hour number where he or she can be reached: gl7 - 5o3-+'I I ~ S~Z- aa~- 6a6~ g17-- 5o~-I«a B. Participating City will coordinate and fund all program advertising targeted to its own citizens, as it deems necessary. Such advertising shall include the type of wastes that will be accepted at the ECC, the requirement of proof of residency and weather cancellation information. C. Participating City shall notify its residents of the ECC hours of operation and dates it is closed as provided in Section 9 "The Environmental Collection Center Hours of Operation." D. Participating City may choose to utilize a voucher system for its residents in order for them to bring HHW to the ECC. If Participating City chooses to use such a system, it shall notify Fort Worth of the decision, and shall provide Fort Worth with a copy of the official voucher. In addition, if a citizen from a Participating City that utilizes a voucher system comes to the ECC or a mobile collection event without a voucher, Participating Page 7 City acknowledges and agrees that Fort Worth will not accept the household hazardous waste until Participating City authorizes the acceptance in writing. E. Participating City may submit a written request for a monthly report listing the number of its city's households that have disposed of household hazardous waste at the ECC or a mobile collection event. F. Participating City shall provide traffic control and signage for the mobile collection events, and shall provide personnel to assist Fort Worth with the survey and screening of persons dropping off household hazardous waste. The parties prior to the event shall agree upon the details of the traffic control, signage, and personnel assistance. G. Participating City's Mobile Collection Units Collecting Household Hazardous Waste Participating City shall advise the ECC program manager at least 72 hours in advance of its mobile collection events. Participating City shall collect only HHW during a mobile collection event. Wastes from commercial, agricultural, and industrial sources shall not be accepted. Participating City shall not accept compressed flammable gas containers; radioactive materials; explosives or potentially shock sensitive materials; biological, etiologic, and infectious materials; and any other wastes that Fort Worth has determined are unacceptable. 2. In accordance with the latest DOT requirements, Participating City's MCU operators will properly categorize, package, mark, label, and load into the MCU, all wastes received at the mobile collection event. Recyclable products (used oil, used oil filters, latex paint, recyclable anti-freeze, lead-acid batteries, and fluorescent lights) will be segregated into containers for recyclables. 3. After accepting wastes, Participating City's MCU operators shall thoroughly check each container for proper labeling and identification. If a container is properly identified, the material will be segregated according to hazard class and prepared for packaging. If a container does not have adequate labeling to permit identification, the MCU operators shall then attempt to identify the material from its physical characteristics using HAZCAT analysis and from information provided by the household presenting the waste. 4. The Participating City's MCU operators shall package all hazardous materials in accordance with United States Department of Transportation (DOT) requirements, United States Environmental Protection Agency (EPA) requirements, and all other applicable federal and state requirements. After all the wastes have been properly identified and segregated, the MCU operators will reexamine the wastes for compatibility, list them on the container content sheets, and pack them into drums. Oil-based paints and latex paints shall be bulked separately in 55-gallon drums, or if the paint is left in its container, the paint can be packed in a lined cubic yard box, and packed and labeled according to federal and state regulations. Participating City shall not transport waste that is not HHW to the ECC. Participating City agrees to make its own arrangements to dispose of any non-HHW waste collected at the event. Page 8 5. Prior to transporting the HHW from the collection event site(s), Participating City's MCU operators shall complete a Bill of Lading, and shall keep the Bill of Lading in the cab of the truck hauling the MCU during transportation of the HHW to the ECC. Participating City shall require that a minimum of one copy of the latest North American Emergency Response Guidebook be kept within the cab of the truck. 6. During transportation, Participating City's MCU operators shall placard the MCU for transportation of hazardous waste in accordance with federal and state law. 7. Upon the return of the MCU to the ECC, Participating City's MCU operators shall follow the instructions of Fort Worth regarding the placement of the MCU for unloading. Fort Worth shall take possession of the MCU from Participating City after the MCU has been properly parked for unloading in accordance with Fort Worth's instructions and all required documents have been delivered to the ECC program manager or his designee at the ECC. Fort Worth shall, within a reasonable amount of time, unload the HHW from the non-Fort Worth MCU and store the HHW at the ECC. 8. If Fort Worth, in its sole discretion, determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth as set forth in Section 10., Paragraph B. 9. If a spill occurs at the ECC while the MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs as set forth in Section 10., Paragraph C. 6. USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE A. Fort Worth will enter into a contract(s) with waste disposal/recycling firm(s) for the handling, collection, transportation, storage, disposal, treatment, recovery, and/or reuse of household hazardous waste, which is collected at the ECC. B. Such firm(s) shall be required pursuant to the contract(s) to assume generator status for the waste collected, (excluding used oil, lead-acid batteries and antifreeze) to choose a disposal site for the waste subject to Fort Worth's approval, and to indemnify Fort Worth and participating cities against any and all environmental damages and the violation of any and all environmental requirements resulting from the handling, collection, transportation, storage, disposal, treatment, recovery, and/or recycling of waste collected pursuant to this agreement, when said environmental damages or the violation of said environmental requirements was the result of any act or omission of contractor, its officers, agents, employees, or subcontractors, or the joint act or omission of contractor, its officers, agents, employees, or subcontractors and any other person or entity. C. THE PARTIES RECOGNIZE THAT ALTHOUGH THE FIRM (S) WILL BE REQUIRED TO ASSUME GENERATOR STATUS, THIS ASSUMPTION WILL NOT RELIEVE Page 9 PARTICIPATING CITY OF LIABILITY FOR THE WASTE UNDER FEDERAL LAW AND STATE LAW. Fort Worth will arrange for recycling vendors for used oil, batteries, antifreeze, and other materials, as it deems appropriate. 7. REUSE OF COLLECTED MATERIALS A. From time-to-time Fort Worth will make available to residents and businesses of Fort Worth, as well as, Participating City and residents and businesses of Participating City for their use, collected household hazardous waste materials that are suitable for reuse, such as paint, fertilizer, motor oil, and antifreeze. Fort Worth shall not charge for any materials that are picked up for reuse. B. Some materials made available for reuse may have been consolidated and filtered by Fort Worth prior to being made available. Used antifreeze will have been consolidated in a barrel, filtered, and pH balanced, and new antifreeze may have been added to the barrel. C. In regards to materials accepted by Participating City, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: 1. the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. D. Participating City shall contact the ECC program manager to arrange a pickup time to obtain materials. Participating City agrees that it shall not return to Fort Worth, directly or indirectly, any materials it obtains from Fort Worth under this paragraph. E. IN REGARDS TO MATERIALS ACCEPTED BY PARTICIPATING CITY, PARTICIPATING CITY DOES HEREBY WAIVE ALL CLAIMS, INCLUDING PRODUCTS LIABILITY CLAIMS, AND RELEASES, AND HOLDS HARMLESS THE Page 10 CITY OF FORT WORTH, AND ALL OF ITS OFFICIALS, OFFICERS, EMPLOYEES, AGENTS, AND VOLUNTEERS, IN BOTH THEIR PUBLIC AND PRIVATE CAPACITIES, FROM ANY AND ALL LIABILITY, CLAIMS, SUITS, DEMANDS, EXPENSES OF LITIGATION, OR CAUSES OF ACTION WHICH MAY ARISE BY REASON OF INJURY TO PERSONS, LOSS OF PROPERTY, DAMAGE TO PROPERTY, OR LOSS OF USE OF ANY PROPERTY ,OCCASIONED BY THE TRANSPORTATION, STORAGE, HANDLING, USE, AND DISPOSAL BY PARTICIPATING CITY OF ANY MATERIALS ACCEPTED BY PARTICIPATING CITY UNDER THIS AGREEMENT FROM FORT WORTH. F In regards to materials accepted by residents or businesses of Participating Cities, FORT WORTH MAKES NO REPRESENTATIONS, WARRANTIES OR GUARANTIES THAT: the container contents are what the label indicates; 2. the container contents are those originally placed into the container by the manufacturer; 3. the product is of the quality intended for its use; 4. the contents of the container have been stored properly; 5. the instructions on the container label for use, storage, and first aid are current or correct; 6. the container is in unimpaired condition; 7. the product is still approved for use (i.e., it has not been banned or recalled); and 8. the product can be used without risk to persons, property or the environment. FURTHERMORE, ALL WARRANTIES, EXPRESS AND IMPLIED, ARE SPECIFICALLY DENIED. G. Participating City shall attempt to inform its residents and businesses that if they go to the Environmental Collection Center to pick up household hazardous waste for reuse, a release of liability must be signed to accept the household hazardous waste for reuse. 8. RIGHT TO REFUSE WASTE Participating City agrees that Fort Worth shall have the right to refuse to accept waste at the ECC from Participating City's resident and to eject such individual from the premises of the ECC, if in the reasonable judgment of Fort Worth: A. The waste is not household hazardous waste; Page 11 B. The waste fails to meet other established criteria established by this Agreement, or that have been established by Fort Worth subsequent to the execution of the Agreement; C. The individual does not have sufficient identification to establish that he/she is in fact a resident of Participating City; D. Participating City has implemented a voucher system for its residents to dispose of waste, and the individual does not have a valid voucher; or E. The waste or the individual presents a hazard to the ECC or to persons or property at the ECC. 9. ENVIRONMENTAL COLLECTION CENTER HOURS AND DAYS OF OPERATION A. Hours of Operation During the term of the Agreement, the ECUs hours of operation are as follows: Thursday and Friday 11 :00 a.m. -7:00 p.m. Saturday 9:00 a.m. -3:00 p.m. B. Days the Environmental Collection Center will be closed During the term of the agreement, the ECC will be closed on the following days: Thanksgiving Holiday, November 22-23, 2007 Christmas Holiday, December 25, 2007 New Year's Day, January 1, 2008 M.L.K. Day, January 21, 2008 Memorial Day, May 26, 2008 Independence Day, July 4, 2008 Labor Day, September 1, 2008 C. Notifying Residents Participating City agrees to notify its residents of the ECUs hours of operation and dates it will be closed. Participating City may advertise the 24-hour Environmental Collection Center telephone number to give its residents the Environmental Collection Center's hours. The number is: (817) 871-5257. 10. COMPENSATION As fair compensation for the services provided by Fort Worth pursuant to this Agreement: A. Participating City agrees to pay Fort Worth the sum of $47.00 per household per visit to the ECC or per household for participation in a Mobile Collection Event to dispose of household hazardous waste. Page 12 B. If Fort Worth determines that Participating City's MCU operators improperly packaged any of the HHW delivered to the ECC, Fort Worth shall repackage such waste, and Participating City shall reimburse Fort Worth for it staff time at $20.00 an hour and the cost of supplies. C. If a spill occurs at the ECC while the Non- Fort Worth MCU is still in Participating City's possession, Fort Worth shall take control of the spill response and Participating City will reimburse Fort Worth for its response costs of $60.00 per hour staff time and the cost of supplies. D. The amount due to Fort Worth for services provided under this Section, Paragraphs A, B, and C, shall be billed to Participating City quarterly. Participating City shall pay Fort Worth within 30 days of receiving a bill from Fort Worth. If Fort Worth does not receive payment within 30 days, Fort Worth shall inform Participating City in writing that it will not accept any household hazardous waste from Participating City's residents and that Fort Worth will not participate in a mobile collection event or provide a mobile collection unit until paid. E. At the end of the term of this Agreement, Fort Worth shall provide a final accounting to Participating City, which will include the total number of Participating City's households which participated in the program, repackaging fees, if any, and the total cost of spill response charged to Participating City, if any. F. Pursuant to the requirements of Government Code §791.011 (a)(3), the amount due to Fort Worth under Subparagraph D. above shall be paid from revenues currently available to Participating City in the present fiscal year. 11. ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT Fort Worth is the owner of "Captain Crud" and the Cruddies ("Bloomer," "Otto," "Pestle, "Scrub," and "Van Goo") and the recycling buddies ("Scrappy," "Juggles," and "Cana Nana") "Conquer Your Crud," and "Crud Cruiser", and therefore all ownership rights belong to Fort Worth. Fort Worth has registered these marks as service marks with the Secretary of State. A. Fort Worth hereby grants to Participating City anon-transferable, non-exclusive license to use all the artwork and promotional materials that may be provided by Fort Worth to be used solely in the conduct of the business of Participating City's disposal and recycling of household hazardous waste programs. If Participating City wishes to use to Licensed Art and/or Promotional Materials in other limited situations, Participating City must first obtain express written consent from Fort Worth. B. Fort Worth may provide licensed Artwork and Promotional Materials to Participating City pursuant to the terms of this Agreement. Participating City acknowledges that by virtue of this License, Participating City acquires only the right to use the original and permitted duplicate copies of the Licensed Artwork and Promotional Materials and does not Page 13 acquire any rights of ownership in the Licensed Artwork and Promotional Materials, which rights shall remain exclusively with Fort Worth. If Participating City wants to modify or change the artwork and/or promotional materials in any manner, Participating City hereby agrees to contact Fort Worth in writing to obtain written consent before modifying or changing any artwork and/or promotional materials. C. If Participating City desires an actor to portray "Captain Crud" for an event, Participating City shall use actors approved by Fort Worth to portray "Captain Crud" since "Captain Crud" is owned by Fort Worth. Participating City shall be solely responsible for compensating actor for the services provided to Participating City. Participating City will contact Fort Worth as soon as possible with the date and time of the event agreeable to both parties to obtain approval for the chosen actor and to request and pickup the "Captain Crud" costume for its events. Fort Worth will provide the "Captain Crud" costume. However, Participating City agrees to be liable to Fort Worth for any damage to the costume or if Participating City fails to return the entire costume to Fort Worth or if the costume is not returned in the same condition as received. 12. IMMUNITY It is expressly understood and agreed that, in the execution of this Agreement, none of the Participating Cities waives, nor shall be hereby deemed to waive, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions, and that the services described in this Agreement are a governmental function. 13. FORCE MAJEURE A delay or failure of Fort Worth to perform services pursuant to this Agreement shall be excused to the extent that the delay or failure to perform resulted from a force majeure event, and the delay or failure was beyond the control of Fort Worth and not due to its fault or negligence. Participating City shall not have, and hereby waives, any claim whatever for any damages resulting from delays or failure to perform caused by a force majeure event. 14. TERMINATION The parties shall each have the right to terminate the Agreement for any reason, with or without cause, upon thirty (30) days written notice to the other party. Upon termination, the parties shall be released from all contractual obligations to the other party excluding USE OF WASTE DISPOSAL/RECYCLING FIRMS FOR HOUSEHOLD HAZARDOUS WASTE" (Paragraph 6) "REUSE OF COLLECTED MATERIALS" (Paragraph 7) and "ARTWORK, "CAPTAIN CRUD AND THE CRUDDIES," AND PROMOTIONAL MATERIALS LICENSE AGREEMENT' (Paragraph 11). Page 14 15. NOTICE Any notices required to be given under this Agreement shall be delivered as follows: If to Fort Worth: Brian Boerner, CHMM, Director Department of Environmental Management City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 If to Participating City: C i ~' ~ ~(` ~- t o l t P M~ i (l2 7X ?!~3-`~ 16. ENTIRETY This Agreement contains all commitments and Agreements of the parties hereto, and no other oral or written commitments shall have any force or effect if not contained herein, except that this Agreement can be amended or modified by the parties if such amendment or modification is in writing and signed by Participating City and Fort Worth. 17. SEVERABILITY In the event anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provisions had never been contained herein. 18. VENUE Should any action, real or asserted, at law or in equity, arise out of the terms and conditions of this Agreement, venue for said action shall be in Tarrant County, Texas. Page 15 19. AUTHORITY This Agreement is made for Fort Worth and Participating City as an Interlocal Agreement, pursuant to Texas Government Code, Chapter 791. 20. AUTHORIZATION The undersigned officers and/or agents of the parties hereto are properly authorized officials and have the necessary authority to execute this Agreement on behalf of the parties hereto, and each party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. EXECUTED IN TRIPLICATE CITY OF FORT WORTH CITY OF By: BY~ Libby Watson Assistant City Manager Date: Printed name: Title: Date: APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ATTEST: Marty Hendrix City Secretary Contract authorization Date APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ATTEST: City Secretary Page 16 Exhibit "A" RESTOCKING LIST FOR THE MOBILE COLLECTION UNIT Material Amount Restocked Special Needs Remarks 55 gallon open top Amount taken off the drums (open top for trailer loose acks) 55 gallon drums (closed Amount taken off the top) (oil, antifreeze, trailer bulk flammable materials and one extra) Fiber drums (55 or 30 gallon) Aerosols, acids, Amount taken off the bases and oxidizers trailer Gaylord box liners (plastic) Amount taken off the trailer 55 gallon drum liners Amount taken off the trailer 5 gallon buckets (filters/haz chemicals) Amount taken off the trailer Survey Forms Amount taken off the trailer Labels/drum placard Amount taken off the trailer Gaylord boxes Amount taken off the trailer Absorbent pads Amount taken off the trailer Vermiculite Amount taken off the trailer Oil dry Amount taken off the trailer Promotional Materials & Brochures Amount needed Page 17 Exhibit "B" WAIVER AND RELEASE OF LIABILITY FOR COLLECTION OF HOUSEHOLD HAZARDOUS WASTE I being the owner of property located at have been asked by the City of to allow a mobile collection event on my property to collect household hazardous waste on the , 2g_ I hereby give my permission to the City of and the City of Fort Worth, to hold a household hazardous waste collection event on my property in which the City of has asked the City of Fort Worth to send its mobile collection unit to collect the household hazardous waste that is brought to the event. Therefore, I hereby RELEASE, DISCHARGE, HOLD HARMLESS, INDEMNIFY the City of Fort Worth or its officers, agents, and employees and the City of and its officers, agents, and/or employees for any and all claims, demands, liability, causes of action, actions or suits of any character that I may have against the City of Fort Worth or its officers, agents, and/or employees and the City of or its officers, agents, and/or employees for any property loss or damage, for any and all personal injury including death or any other damage of any kind or character which may arises or that arises from allowing the City of to hold a household hazardous waste collection event, in which the City of Fort Worth sends its mobile collection unit on my property. I have read this Waiver and Release and fully understand its terms and conditions. I have not been influenced in any extent whatsoever by any representation or statements not contained in this Agreement. Signature Date Witness Page 18 --'~~~~a 100 Main Street /'°4 ~ City of Colleyville Colleyville, Texas 76034 ~~,.~jj (817) 503-1000 "'''" Agenda Briefing www•colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 10/02/2007 Controlling Body: City Council Requester: Agenda No.: 4d Final Action: File Name: Approval of the Fiscal Year 2008 (FY2008) Agency Agreements, and authorizing the City Manager to execute the agreements Attachments: Contractual Agreement City of Colleyville and Agency Template History of Legislative File Version: Date: Acting Body: Action Text: 1 10/02/2007 City Council Title Approval of the Fiscal Year 2008 (FY2008) Agency Contractual Agreements for the Arts Council of Northeast Tarrant County, Alliance for Children, Safe Haven Tarrant County, Colleyville Heritage High School Project Graduation, Grapevine High School Project Graduation, Keller High School Project Graduation, Metroport Meals on Wheels, Mental Health Mental Retardation of Tarrant County, Grapevine Relief and Community Exchange (GRACE), Special Needs Assistance Partners (SNAP), Colleyville Area Chamber of Commerce, and authorize the City Manager to execute the agreements Explanation Reading and Public Hearing During each fiscal year, the City Council receives funding requests from area agencies for consideration of contract for services. Attached is the agency agreement template used to contract with each agency. The FY2008 Budget allocates funding, in exchange for services to residents of Colleyville, to the following agencies: Arts Council of Northeast Tarrant County - $7,100 The Arts Council will work with City Departments to provide for free concerts to Colleyville citizens. Alliance for Children - $3,500 Alliance for Children provides aself-contained, child-centered environment where abused children and their families can go for evaluation, crisis intervention and counseling. Safe Haven Tarrant County - $1,000 Safe Haven Tarrant County provides shelter, food, and counseling for victims of domestic violence, educational programs in schools, and a 24 hour crisis hotline. City of Colleyville Page 1 Printed on 9/28/2007 Agenda Briefing Continued Colleyville Heritage High School Project Graduation - $1,000 Grapevine High School Project Graduation - $1,000 Keller High School Project Graduation - $200 Each Project Graduation provides an alcohol and drug free social event in conjunction with the school graduations, which is open to graduating seniors and their guests. Metroport Meals on Wheels - $10,000 Metroport Meats on Wheels provides delivery of hot meals and a bi-monthly community luncheon and activity program to seniors. Mental Health Mental Retardation of Tarrant County - $1,000 Mental Health Mental Retardation of Tarrant County provides a substance abuse facility for youth suffering from the disease of addiction. Grapevine Relief and Community Exchange (GRACE) - $1,200 Grapevine Relief and Community Exchange (GRACE) provides food, clothing, and other emergency assistance to those in need. Special Needs Assistance Partners (SNAP) - $1,000 Special Needs Assistance Partners (SNAP) provides activities associated with providing housing, transportation, and other needs to those with cognitive disabilities and their families. Colleyville Area Chamber of Commerce - $5,000 This funding allows the City to participate in Chamber membership, events, advertising and directory information. Financial Impact It has been determined that funds have been approved and are available in the FY2008 Budget. Recommendation Approval City of Colleyville Page 2 Printed on 9/28/2007 CONTRACTUAL AGREEMENT CITY OF COLLEYVILLE AND This agreement is by and between the City of Colleyville (hereinafter referred to as the "City"), and (herein after referred to as )• RECITALS A. The City is a Charter municipality in the State of Texas. The City desires to engage acting by and through its duly authorized City Manager. B. *Section B is specific to each agency. It briefly summarizes the agency and its mission, as well as provides language regarding who is authorized to sign the contract. Inconsideration of the premises and the mutual promises contained in this agreement, the parties agree as follows: Engagement. Upon and subject to the terms and conditions of this agreement, the City hereby engages ,and agrees to be engaged by the City, to perform the services provided below. 2. Term. The term of this agreement shall begin on the date that it is executed by both parties and shall terminate on 3. Termination. Either party may terminate this agreement by notice in writing to the other party in the event that the other party fails timely to perform its obligations and duties hereunder and the other party, within ten (10) days from the date that the other party receives notice specifying the obligations and duties it has failed to perform, fails to cure such non-performance. 4 agency's service to the to Colleyville residents. Additionally, a copy of the agency bylaws must be provided to the City prior to release of payment. Duties of insert agency name. will provide and will also provide a quarterly report detailing the community, with emphasis on the service provided 5. Duties of the City. For $ to parties. 's services, the City agrees to pay upon the execution of this agreement by both 6. Amendments. This agreement may be modified by written amendment executed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this agreement in Colleyville, Texas, this day of 2007. City of Colleyville By: Bill Lindley City Manager *agency name located here By: ~'~"a 100 Main Street ~' ~ City of Colleyville CoII 8117) 03X1000 034 ~y r~~~- Agenda Briefing ~~colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Community Development Department Agenda Date: 10/02/2007 Agenda No.: 4e Controlling Body: City Council Final Action: File Name: Approval of a request for a street name change for Sanders Lane, Case G-07-018 Attachments: Letter from Silveroak Land Company dated 8-31-2007 History of Legislative File Version: Date: Acting Body: Action Text: 10/02/2007 City Council Title Approval of a request for a street name change for Sanders Lane, Case G-07-018 Explanation Reading and Public Hearing Silveroak Land Company submitted a letter requesting to change the current street name of Sanders Lane to Oak Pointe Drive. Silveroak Land Company is the developer of the Villas at Oak Pointe Addition, which was approved by City Council earlier this year by Resolution R-07-2820. The developer states that the street name change from Sanders Lane to Oak Pointe Drive will benefit the Villas at Oak Pointe development, as well as the City for the ease of identifying the development by emergency responders. The request has been reviewed and approved by the Fire, Police and Public Works Departments. Staff cannot locate any historical significance of the Sanders Lane name. There are no property owners affected by this street name change as Silveroak Land Company is the only property owner of record located on Sanders Lane. Summary. The proposed street name change from Sanders Lane to Oak Pointe Drive will create consistency in the Villas at Oak Pointe development. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Co/leyville Page 1 Printed on 9/27/2007 G"i~?'~„ r,;:; City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: Version: 1 Requester: Engineering Department File Type: Resolution Agenda Date: 10/02/2007 Agenda No.: 4f Status: Consent Agenda Controlling Body: City Councii Final Action: File Name: Authorizing the abandonment of a roadway easement for Lots 3 and 4 of Tanglewood Addition, and authorize the City Manager to execute the agreement Attachments: Application for the Vacation or Abandonment of a Roadway Easement Vacant Lot Survey Showing Lot 3, Tanglewood Letter of Consent from Leonard Hudson Dated September 27, 2007 History of Legislative File Version: Date: Acting Body: Action Text: 10/02/2007 City Council Title Authorizing the abandonment of a roadway easement for Lots 3 and 4 of Tanglewood Addition, and authorize the City Manager to execute the agreement Explanation Reading and Public Hearing Don and Barbara Botik, owners of Lot 3 and Leonard Hudson, owner of Lot 4 of the Tanglewood Addition, have submitted an application for the abandonment of an existing roadway easement that crosses their lot. This easement pre-dates the current Tanglewood Addition plat and staff has determined that it may be removed without affecting public right-of-way or any municipal infrastructure. The property owners' lender is requiring the easement abandonment to be approved by the City. The easement in question is a 60 foot wide roadway easement that was filed by separate instrument prior to the addition being platted. Staff has reviewed the application and recommends approval as the easement is no longer needed. Financial Impact It has been determined that there is no financial impact to the City. Recommendation Approval City of Colleyville Page 1 Printed on 9/28/2007 APPLICATION FOR THE VACATION OR ABANDONMENT OF A ROADWAY EASEMENT ~_z~ - o-~ Date of Submittal To the City of Colleyville: The undersigned hereby makes application to vacate and abandon a portion of the right-of-way easement or right-of--way situated on or abutting property at the following location and described by metes and bounds in Exhibit B of the attached agreemeQQnt. -- Street Address ~~.6/ V ~ ~ Z ~ z /j/-~ [L,y~ p /, ~p~ ;~"~- Legal Description The reason for the vacation and abandonment of the roadway easement is as follows: ne,.¢.d ed Name Address City, State, ZIP Code Phone CQj THE STATE OF TEXAS COUNTY OF TARRANT Individual Acknowledoment BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared 'Dom $~ k ,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the ~ day of , 20 ~. My Commission Expires: ~ " 3 I ~ ~ I ... „ ~ KA1HY E. MOORE ~` MYCOMAIISSION EXPIRES Alpllet3l, 2011 eman Fax~~3ZC~ ^8,85-~ (optional) GY~(.e-~iz.~_ Notary Publi I and for the State of Texas ~ R e ~ m ~~es °u~e ~, ~ ~, i' ° F ~ ac[, aC 9 =~~0 . s:~:q ~ ~ F: a 0 r~o..~ a ~i °oa i ° umr a ? F d; i~~~ ~ ° V1 ER e - a , 4 r ' ' ~ te w°e< n ea a ~ 'boy rq .7i (!) A p t` WU O a8 ~i ~ j° sir ~ Fg O 0 ~~ ~ ~ ~ r yy <~o ~ ° i r e ° FE..~QJ ~ p.1 O M o o:a e o ay W E ,,,d~ ~9or~• 7 : o ~j ' r ° 'a F"I WOE., 3 ° _ '.e: w=hoa o°°'°o ~ a ~-jr d..d rLl ~ ~ m 9~ee..~~m v s ~ 4 t mo9vX ~' CN °ar ~~= r j d,( ~]}z ~ g:e°°e ~ ~~~ q~~ G ru ~ ~ Y O E i c r 4 ~ vLa W ~' ~ ~ ~ ~-Qe' aF~, ~ ~ p j~a ~0 -• j C r Z ~ V °~ ~~ S ~ ~YCaI ~t°a Ud ~ g 9°~ U ~ ~ 7 ~~~~~b~~~~ o ~ yy oX ° s° ~ ° ,~~ ~ 6 M ~ i jj E i~O. itlC ~OO e ~ ~ •o.p ~ L ~ ° ~ ~ O9S~ 9 °~: f ~g~°~ COURT n ~o~$ NT, TgIANON oc u n - ~ccESS, oR-iNncE rN° unur7 ~T reEe (vnRl Q ~ , L s 16ZL 30115 Y 8VD 1L63 '03'13 .S I ,S'L ,S'L T1YM O~ ~~ ~ 8 q . ~^j---~ V . aj ti F ~ ;~ O ~- SUDE 7294) _~_ ~ 7.5' ELECTRIC ESLdT (C~ ti ~_ \ ~-_~ f0' BUILDING LINE ~F as O 3N J '~ d M N l'J~- Z Q Z ~y„Q W ~~_ ZOU S U Z mr ~~W ~a~ fV ~ .~.~ oM_ M ~ N ~ ^ N h II 11 ,a~ ~y~ EC~~ ~~~ ~~~b N m ~ ~'m ~ ~ II 4~ M p ~~ i ~1J1N0 'Z L9 3DYd 'S6LZL 3+`IOIOA OtlOtl tl03 1ML53 .09 M 1O1tl0 'Zle 30tld '9066 3WnlOA ~ 1riS3 'M-0 9 .OS 9f Dd '161 -99f lOA) LM7S3 A1L1LL11 ,9 ~bT'C£Z3 Z6,95r00N (9f Dd '161-88f lW) 1riS3 AlIILLN ,9 .(ti6Z( ~l5 Y '0 aid 3JWgS 0l6W3B) 1Y21lll1f101tI0tl DNIN02 NOI1tllNtlld N33tl0 W39 l JIODl9 'l lOl Y ~['!~ 11.~iVl]~. E 1 JLOlr1.Gv EQ Boat 99 - Colleyville, llrsae 78034 TO: City of ColleyviIle 100 Main Street, CoIIcyvillc, TX 76034 Attn: Chad Bartoe - Engineering Depart 0: (817) 503-1091 FROM: Leonard Hudson 7222 Trianon Court, Collcyvilte,'l'X 76034 C:(906)662.3R16 DATE: Septcmlxr 27, 2007 RE: Roadwry Eaatmrnt Abandox-meat for Tanglcwood Division. Chad Bartec ~ City of Golleyville, I, LcoxAard Hudson, any the current residents of 7212 Ttianon Court -Lot 4 of the Tanglewood Division ita Colleyville, TX. I would like to give my expressed permit:srcn and desire to abandon the 60' wide amd IOIG' loxig Roadway l:asemrnt that nazis throu~~i :ny property lot and inro the neighboring Iot 3 belonging to Don and Bar,}~xa Bodlc. Thank you for noting my consen c to abandon this casement and I fully support the Aotik's current appkcation of abandonment currently filed with the City of Collcyvillc. it to any wish to have these Ea~enrtafts rcmovcd from my pproperty and th excfot+e all surveys an d doeumrntatfon with the City and County of CoDeyvillc. Thank you, y~.a,.-r..,..~.~_ teoaacd Hudson Cit of Colle V~~~e 100 Main Street (~ Y Y CoIle81i~e503X1000 034 ~ ) r~~'" Agenda Briefing www•colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Office of the City Manager Agenda Date: 10/02/2007 Agenda No.: 4g Controlling Body: City Council Final Action: File Name: Approval of amended agreement for professional services and employment of the City Manager Attachments: Amended Agreement for Professional Services and Employment of Manager.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/02/2007 City Council Title Approval of amended agreement for professional services and employment of the City Manager Explanation Reading and Public Hearing This agenda item provides an extension of the employment agreement for services provided by the City Manager. Financial Impact It has been determined that monies are available in the Fiscal Year 2008 budget. Recommendation Approval City of Col/eyvil/e Page 1 Printed on 9/28/2007 AMENDED AGREEMENT FOR PROFESSIONAL SERVICES AND EMPLOYMENT OF MANAGER The Agreement for Professional Services and Employment of Manager made and entered into as of the 21St August, 2001, by and between the City of Colleyville, Texas, ahome-rule municipal corporation ("City") and William Henry Lindley ("Manager") (the "Agreement") is hereby amended in its entirety and replaced by this Amended Agreement. WHEREAS, the Council of the City ("Council") and the City Manager ("Manager") believe that employment agreements negotiated between the two parties can be mutually beneficial to the City organization, the Manager, the Council and the community they serve; and WHEREAS, when appropriately structured, the Council and Manager believe employment agreements can strengthen the Council and Manager relationship by enhancing the excellence and continuity of the management of the City for the benefit of its citizens; and WHEREAS, the City desires to employ the services of the Manager as the Manager of the City, pursuant to the terms, conditions, and provisions of this Agreement; and WHEREAS, it is the desire of the Council to provide compensation and benefits, establish conditions of employment for, and to set the working conditions of the Manager as provided in this Agreement; and WHEREAS, the Council desires to secure and retain the services of the Manager, to provide inducements for the Manager to employment as the Manager of the City and to remain in such employment, to encourage full work productivity by assuring the Manager's moral and peace of mind with respect to future security, and to provide a proper means for termination, resignation or retirement of the Manager; and WHEREAS, the Manager has agreed to continue the employment as Manager of the City subject to the terms, conditions and provisions agreed to and set forth in this Agreement; NOW, THEREFORE, upon the mutual covenants, conditions and promises contained herein, the parties hereby agree as follows: Duties 1.01. The Council hereby employed the Manager as the Manager of the City as of the Commencement Date to perform the duties and functions specified by Texas law, City Charter, City Code, this Agreement and such other legally permissible and proper duties and functions as the Council shall, from time to time, assign to the Manager. Term 2.01. The initial term of employment of the Manager began on the 27t~' day of August, 2001, ("Commencement Date"). 2.02. The term of this Agreement is subject to being renewed in one-year increments ("Renewal Term"). It is the intention of the parties that the Council shall, on an annual basis, review the performance of the Manager to determine whether or not to extend the Agreement for aone-year period. The Council may extend the Agreement by formal resolution or if the Council fails to take any action concerning the renewal of this Agreement prior to the expiration of any Renewal Term, the Agreement shall be deemed to have been automatically extended for a successive one-year period. In the event the Council decides not to extend the Agreement for any Renewal Term, it shall do so by a formal resolution adopted prior to the end of the current term of this Agreement. Compensation Benefits 3.01. The City agrees to pay the Manager a biweekly salary of $5,555.77 beginning October 3, 2007, until this agreement terminates or is otherwise amended or modified. Said salary shall be payable at the same time as other City employees are paid. It is the intention of the parties that the Council review this salary and other benefits of the Manager on an annual basis and make adjustments thereto as deemed appropriate by the parties. 3.02. In addition to the salary set out in paragraph 3.01 above, the City agrees to pay the Manager $450.54 bi-weekly as deferred compensation until this agreement terminates or is otherwise amended or modified. The City shall make payments of this deferred compensation amount to a fund designated by the Manager beginning after the Commencement Date of this Agreement. 3.03. The Manager shall be governed by the Texas Municipal Retirement System (TMRS) and the Manager shall make the employee's portions of contribution or payments and the City shall make the employer's portion of contribution or payments necessary for the Manager to participate in TMRS. In addition, the City agrees to reimburse the Manager bi-weekly $346.92 for the Manager's contributions to TMRS and for any applicable federal taxes. 3.04. The City shall pay the premiums necessary for the Manager to participate in any health, dental, vision, long term disability or life plans as may be from time to time available to employees of the City. The City undertakes no obligation to keep or maintain the insurance plans currently available and may modify, alter or terminate insurance benefits available to City employees including the Manager at any time in its sole discretion. In the event the Manager desires to have his dependents covered on plans available to the City, the Manager shall pay the premiums therefore at the same rate other employees of the City pay. 3.05. The City shall pay to the Manager during the term of this Agreement in addition to other salary and benefits the sum of $600.00 per month as a vehicle allowance. The City shall not be obligated to pay any other cost for maintenance or operation of the vehicle, which shall be paid in full by the Manager. 3.06. The City, at the City's cost, will provide the Manager with a cellular telephone to be used by the Manager for City related business. The City shall pay all costs of said cellular phone except for calls not related to City business for which there is additional charges over and above the fixed monthly operating charge. 3.07. As an employee of the City, the Manager may participate in certain benefits under the City Employment Policies and Procedures Manual. To offset vacation and leave being lost by the Manager as a result of his initial employment with the City, the Manager shall be credited with an additional 15 days of vacation and 12 days of sick leave as of the Commencement Date. The Manager shall have no vested right in any benefit provided under the City Employment Policies and Procedures Manual and the City may modify or alter the Policies and Procedures Manual at any time in its sole discretion. 3.08. The City shall reimburse the Manager for expenses incurred in the conduct of business meetings, including professional and civic development according to the policies and procedures of the City as provided for in the annual budget. 3.09. The City agrees to pay for the civic and professional membership dues and subscriptions of the Manager necessary for the Manager's continuation and participation in national, regional, state and local associations necessary and desirable for the Manager's continued professional participation, growth and advancement and for the good of the City together with reasonable travel and subsistence expense related thereto as provided for in the annual budget, including, without limitation, the annual conference of the International Manager's Association, the Texas Municipal League, the Texas Manager's Association, and the North Texas Manager's Association. Residence/Expenses 4.01. Pursuant to the City Charter, the Manager shall maintain his primary residence within the City's corporate boundaries. Hours of Work 5.01. The Manager shall engage in the hours of work that are necessary to fulfill the obligations of the position. The Manager shall be available at all times and shall devote substantial time outside normal office hours to the business of the City. The compensation provided herein includes all work of the Manager. Indemnification 6.01. To the fullest extent permitted by law, the City shall defend, save harmless and indemnify the Manager against any tort, professional liability claim, demand or other legal action, whether groundless or otherwise, arising out of an alleged act or omission occurring in the performance of the Managers' duties and shall obtain and keep in full force and effect liability insurance or risk pool coverage, including errors and omissions on a per occurrence basis, in an amount deemed by the City adequate to assure accomplishment of such hold harmless and indemnification. This indemnification period is not for the benefit of any third party and shall not be construed as creating any right, cause of action, or claim of waiver or estoppels for or on behalf of any third party, nor shall it be construed as a waiver or modification of the availability of the defense of governmental immunity or any other legal defense available to the City or the Manager as to any third party; and further provided that the City shall not indemnify and hold the Manager harmless with respect to any claim or liability which the conduct of the Manager is found by the Courts to have been grossly negligent or intentional wrongful conduct. 6.02. This indemnification shall extend beyond and survive the termination and/or expiration of this Agreement. Termination/Suspension by Council 7.01. Termination for Cause. The Council may terminate this Agreement at any time for cause if the Manager is convicted of a felony or a misdemeanor involving moral turpitude or personal gain, or the Manager contumaciously fails to comply with the material terms of this Agreement after being given written notice by the Council to do so and given an opportunity and reasonable cure period for such failure. For purposes of this Agreement, "Termination for Cause" is further defined as follows: a) Any willful, knowing, grossly negligent, or neglected breach, disregard or habitual neglect of any provision of this Agreement, or any willful, knowing, grossly negligent, negligent breach, disregard, or habitual neglect of any duty or obligation required to be performed by the Manager under this Agreement or under the Charter and ordinances of the City and/or the laws of the United States or the State of Texas. b) Any misconduct of the Manager involving moral turpitude, a crime of moral turpitude, or a Class B Misdemeanor or more serious crime, or habitual violations of the traffic laws, whether or not related to Manager's official duties hereunder. c) Any willful, knowing, grossly negligent, or negligent misapplication or misuse, direct or indirect, by Manager of public or other funds or other property, real, personal, or mixed, owned by or entrusted to the City, any agency or corporation thereof, or the Manager in his official capacity. 7.02. Termination Without Cause. The Council may at any time for any reason or for no reason whatsoever terminate this Agreement immediately upon written notice to the Manager. 7.03. Suspension. The Council may suspend the duties of the Manager with or without pay pending the resolution of any criminal charge filed against the Manager and said suspension shall not constitute a termination under this Agreement. Termination by Manager 8.01. The Manager may terminate this Agreement at his discretion upon 30 days written notice to the Council. Severance Pay 9.01 In the event the Manager is terminated by the Council without cause in accordance with the provisions of the Agreement, or the Council fails to renew the term of this Agreement in accordance with the provisions of the Agreement, the City shall pay to the Manager within thirty (30) days after the date of termination or expiration of the term of the Agreement an amount equal to one half the annual salary, TMRS and deferred compensation of the Manager and one-half of the annual insurance cost paid by the City for the Manager, together with any accrued, unused vacation leave, less any amounts owed the City by the Manager. The City shall pay to the Manager within thirty (30) days after the date of termination or expiration of the term of this Agreement an amount equal to one-half of the annual vehicle allowance. The City shall have no obligation to pay any additional compensation to the Manager as a result of termination by the Council without cause or failure to renew this agreement. In addition to the foregoing Severance Pay, the Manager shall accrue additional pay ("Accrued Pay") annually, October 1, 2003, through the expiration of the term of this Agreement, the Manager's termination date, or September 30, 2008, (whichever occurs first), an amount equal to the Manager's current annual salary multiplied by 2.0833%. Any uncompleted month shall be pro-rated on a daily basis. The City shall pay the Accrued Pay to the Manager within 30 days of the date of his termination or expiration of the term of the Agreement, including extensions. In the event that neither the Manager's employment is terminated nor the Agreement terminates prior to September 30, 2008, then the Accrued Pay shall be paid to the Manager within 30 days of September 30, 2008, as additional salary. The Manager shall not be entitled to receive any of the Accrued Pay in the event the Manager terminates his employment with the City prior to September 30, 2008. The right of the Manager to receive the Accrued Pay in a lump sum shall not be affected by the Manager's re-employment. Budget 10.01. During each year where there is any liability of the City by reason of the terms and provisions of this Agreement, including the fiscal year in which the Agreement is first approved and executed, the Council shall allocate, and subsequently maintain, through the adoption of an annual budget, adequate reserves to cover any and all associated costs related to this Agreement. Performance Evaluation 11.01. The Council and the Manager shall develop a set of goals and objectives for the Manager for each fiscal year and these goals and objectives shall constitute the work program for the Manager. 11.02. The Council shall conduct annually in June a performance review of the Manager. Said review shall be based upon he Manager's and general City administration's performance with respect to achieving the set goals and objectives of the City. Bonding 12.01. The City will pay the full cost of any fidelity or other bonds required of the Manager under law or ordinance in fulfillment of the duties and obligations as the Manager of the City. Notices 13.01. All notices, demands and other writings provided for in this Agreement shall be deemed received when sent by Unites States Mail, postage prepaid, addressed to the e City or the Manager as the case may be at the address et forth opposite the signature of the party. Alternatively, notices, demands and other writings referred to in this Agreement may be personally served on the party. General Provisions 14.01. This Agreement incorporates all agreements, covenants and understandings between the City and the Manager concerning the subject matter hereof, and all such covenants and understandings have been merged into this written Agreement. No other prior agreements or understandings, verbal or otherwise, of the parties or their agents shall be valid or enforceable unless embodied in this Agreement. 14.02. This Agreement shall not be modified or amended except by a written instrument executed by the parties hereto. 14.03. This Agreement may be executed in duplicate, original counterparts, each of which when so executed shall be deemed to be an original, and such counterparts shall together constitute but one and the same instrument. 14.04. This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas. Venue shall lie exclusively in Tarrant County, Texas. 14.05. This Agreement shall be binding on and inure to the benefit of the parties to it, and their respective heirs, executors, administrators, representatives and successors. This Agreement may not be assignee without the written consent of the other party. 14.06. All section headings contained here are for convenience only and are not intended to define or limit the scope of any provision of this Agreement. 14.07. In the event any one or more of the sections, provisions or clauses contained herein shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision of this Agreement, but this Agreement shall be construed as if such invalid, illegal or unenforceable provision had not been contained herein. EXECUTED on the date first above written. CITY OF COLLEYVILLE Address: City of Colleyville 100 Main Street Colleyville, Texas 76034 By: Attest: Cynthia Singleton, City Secretary MANAGER Address: 100 Main Street Colleyville, Texas 76034 By: David Kelly, Mayor William H. Lindley, C.P.M. ;~r_v~, <-._ y ,~ ~ ~.:., City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Office of the City Manager Agenda Date: 10/02/2007 Agenda No.: 4h File Name: Approval of the Fiscal Year 2008 Annual Work Plan Attachments: Fiscal Year 2008 Annual Work Plan.pdf History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 10/02/2007 City Council Title Approval of the Fiscal Year 2008 Annual Work Plan Explanation Reading and Public Hearing The City Council conducted its annual worksession for the 2008 fiscal year June 14 and 15, 2007, at City Hall in the Executive Conference Room. The worksession format allowed for a review of current activities, identification of budget preparation objectives and direction for the ensuing year and preparation of various goals and objectives. These initiatives are collectively referred to as the Annual Work Plan. The use of this document is invaluable in keeping staff and projects on target with Council expectations for the upcoming year. A number of work initiatives were identified and are contained in the 2008 Annual Work Plan. Financial Impact It has been determined that funds were budgeted to adequately implement the 2008 Annual Work Plan. Recommendation Approval City of Colleyville Page 1 Printed on 9/28/2007 ~'exa$ 7usreQedd ~ZeiylsZonl~oad.¢~~~eektiaotaP ~ea~iQe FISCAL YEAR 2008 ANNUAL WORK PLAN (~u.'Qeyac~2e cd a ~odee ~ u~itli at~r~tioc~ to ~~ a~ eat aid a~~e ~ecar~iood - aiie~rted ca~uucit~y QeKadiue to oun l ut.~on~y, neQaunced aid ~~ide~rfi~. GOAL ONE Foster a commitment to community reinvestment Objective One: Make Colleyville more prosperous through economic development efforts. Success defined: To make Colleyville more prosperous with a focus on promoting the City as a place for unique and boutique retailers and offering the City as a destination place. Tasks - ^ Continue to evaluate the redevelopment potential of commercial properties located along State Highway 26 by identifying the affects of the SH26 reconstruction project on existing businesses, exploring development opportunities for the vacant parcels of land, and proposing regulatory changes needed to encourage private sector reinvestment of commercial properties along the Corridor. ^ Promote the enhancement of cultural and arts by: creating an internally funded Arts Fund; preparation of a multi-year plan identifying public spaces suitable for landscaping and art display; and seek opportunities to partner with local and regional arts advocacy groups. ^ Identify special events promoters that can enhance and broaden the regional awareness of the community with special focus to the 2011 Super Bowl. ^ Evaluate viability of connection with the Cotton Belt Commuter Rail and various community-environmental issues associated. ^ Continue research and development of a plan to provide a community wide Wi-Fi networking. ^ Research and develop a plan to initiate a branding campaign for the City and how to implement consistently throughout the organization and community (i.e. entry markers, facility signage, etc.). Objective Two: Enhance the maintenance and reconstruction of city infrastructure. Success defined: To have a public works infrastructure system properly maintained and funded providing effective management meeting citizens service demands and expectations with special attention towards enhancement of the maintenance and reconstruction of streets. Tasks - ^ Continue work in the development of a multi-year CIP for trails and sidewalks, streets, and intersections. In conjunction with this work, identify viable funding alternatives/sources and coordinate Council work sessions and public meetings. 2 GOAL ONE, continued Foster a commitment to community reinvestment ^ Pursue grant opportunities available by the North Central Texas Council of Governments for a planning study to evaluate "best practices" for traffic management initiatives with a focus to traffic calming techniques. ^ Discuss with Tarrant County scheduling, engineering and constructing of additional intersection projects for possible future County funding. ^ The annual Street Maintenance Program enhanced through an emphasis on higher quality and extended service life of existing municipal infrastructure along with an adjustment in the annual budget to $1,000,000 funded by growth in general revenues and an increase in the Utility Fund franchise fee. ^ Continue construction of various CIP projects: / Drainage • Enhance community education materials about the dangers of flooding and promotion of Flood Appreciation Month • Provide installation signage "Turn Around -Don't Drown" at various roadway low water crossings • Install SCADA based "flood" warning sign system along Little Bear Creek at - o Jackson Road o Oak Knoll Road (2) o Martin Parkway / City Trails and Sidewalks • Tinker Road from Emerald Drive to Pleasant Run • Glade Road at Behren's Court • Glade Road at Stafford • Glade Road at Riverwalk Drive / City streets • Church Street • Glade at Heritage Intersection • Pleasant Run turn lane • Bogart Road • Reconstruction of certain streets in the Tara and Saddlebrook subdivisions / County bond projects • John McCain at Pleasant Run • Jackson at Cheek Sparger • Cheek Sparger at Martin Parkway / Utility • SH26 utility relocation • Regan grown water storage tank • Hurst 16" transmission line • Closing of various ground water wells 3 GOAL TWO Enhance communications and outreach with citizens Objective One: Expand community relations of elected and appointed City officials and employees with citizens Success defined: To have a progressive city that values citizen involvement/communication and strong community organization relationships. Tasks - ^ Present recommendations to City Council for city meetings and events to inform citizens and encourage citizen interest and participation in city government and community activities, including utilizing board/commission/committee member as "ambassadors" for the city. ^ Evaluate opportunities and associated costs to enhance the city cable broadcast to strengthen the medium into a more effective communications tool for the city. ^ Develop a streamlined methodology for interdepartmental communications about issues, projects and events that should be communicated to the citizens. ^ Host an annual HOA Involvement Workshop to explore means to enhance communication with neighborhood groups and provide education for neighborhood enhancement. ^ Conduct a preliminary Council vision planning session (Imagine Colleyville) identifying attainable attributes for city services, characteristics, demographics, income, etc. for the build-out of the community at build out with a focus to premier cities regionally, state-wide and nationally. 4 GOAL THREE Continue organizational development with a focus to -Being the Best Objective One: Effectively utilize and promote Colleyville's paid and volunteer human resources Success defined: Employees consistently demonstrating the core through effective hiring and retention programs along with an inviting and involved role for citizen participation in the delivery of customer service. Tasks - ^ Continue third year implementation of the Workforce Development Sustainability Plan: / Continue Compensation Market Analysis with incremental steps taken to reach 110% of market by 2015. / Performance Evaluation Taskforce -Evaluate, research and study best practices of public and private entities to increase effectiveness of the performance evaluation process while also implementing the core competencies as a major part of the overall pay for performance initiative. / Complete the interview guides with training and implementation by November 2007. / Enhance position advertising that focuses on core competencies. / Develop an Intranet for employees to increase communication and provide ease of access to HR related documents. / Expand the Colleyville College Succession plan to all employees. / Evaluate and improve the exit interview process to identify areas for the enhancement of employee relations. / Develop a retirement planning seminar to assist employees financial planning opportunities ^ Develop a tiered media training program for employees and public officials focusing on communicating the branding message. ^ Enhance the employee recognition program with a focus to growing the awareness in the employee commitment being a high performance organization. ^ Evaluate "best practices" for both public and private employers for consideration in structuring acafeteria-style benefits program to include wellness-based initiatives as well as other benefit options to enhance the overall benefits program. ^ Research and develop an Interview Guide for board, committee and commission interview process and new Application for Appointment form, which provides specific information regarding the interests, talents and education of applicants. 5 GOAL THREE, continued Continue organizational development with a focus to -Being the Best Research and develop a Colleyville Citizen Corps utilizing the resources of the Citizen Police and Fire Academies as a means to provide and promote volunteer services during emergencies and other significant public safety events. 6 GOAL FOUR Continue focus to delivering superior services and demanding results Objective One: Develop, expand and promote leisure activity opportunities for the citizens. Success defined: Delivery of efficient and broad based opportunities in support of the needs of the general public. Tasks - ^ Develop a plan to reorganize the Library to utilize available space to provide better support for the Library's programs for children and adults. ^ Develop and enhance programs for children and adults that will establish the Library as the community's literary cultural center while seeking community partnering programs with local and regional literary and cultural groups. ^ Prepare a financial plan providing for the implementation of the 2007 Library Master Plan Update report. ^ Coordinate design of McPherson Park future phases with attention developing the park as a demonstration botanical garden feature low water tolerant plantings. ^ Coordinate development of Senior Center Open Space Master Plan. ^ Coordinate development of the update for the Comprehensive Parks, Recreation and Open Space Master Plan. ^ Prepare a study, with cost identification, for the implementation of a citywide construction of centralized irrigation system for public facilities. ^ Conduct a Senior Center acoustic study. ^ Conduct a visioning study for the viability of expansion, renovation and future use of Colleyville Center. Objective Two: Continue Colleyville being a safe and secure community. Success defined: To provide efficient and user-friendly services that maintain the city as a safe, secure clean and attractive community for family and business. Tasks - ^ Completion of two fire stations for more efficient coverage and enhanced service levels to citizens regarding Fire/EMS emergencies. ^ Initiate the process to begin evaluation of Colleyville's Public Protection Classification as provided by the ISO (Insurance Services Office) culminating in a positive ranking increase. 7 GOAL FOUR, continued Continue focus to delivering superior services and demanding results ^ Forming of a Citizen Emergency Response Team drawn from citizen completion of both the Police and Fire citizen academies. ^ Initiate the process to begin a review for possible modifications of the Police Department Standard Operating Policy (SOP). ^ Implement the traffic enforcement motorcycle program. ^ Improve the level of 911 emergency services to citizens through medical dispatch training for telecommunicators. ^ Review best practices for interactive working partnerships with HOA's, community groups, business associations, and the general public towards an effective "eyes and ears" program promoting education, awareness and compliancy with property management codes. Additionally evaluate ways to enhance enforcement of sign code regulations with continued enforcement of the sign ordinance. ^ Continue implementation of the 2002 Utility Homeland Security study. 8 GOAL FIVE Sustain a reputation for excellence Objective One: Ensure fiscal integrity and stewardship of the City's financial planning. Success defined: To bring the financial picture into balance by identifying expenses and revenues that sustain city growth and support service levels, while maintaining strong fiscal accountability and financial stewardship. Tasks - ^ Continue development of a sustainable budget by expanding the computer replacement program with a focus towards software upgrades by providing funding in the FY2008 budget for the acquisition of software for: / a comprehensive financial software package with a focus for staff efficiency / Web based interactive building permit software / Upgrading the Fire Department reporting software ^ Update of the annual five-year financial plan identifying anticipated revenues and corresponding expenses. ^ Manage city franchise services: / Implement first year of renewed refuse service contract with attention to using a broad-based public information campaign. / Continue work with the goal of finalizing a model electric franchise ordinance ensuring payments for use of public properties-easements. / Participate with regional and state group's opposition to rate increase proposals for electric and natural gas. / Continue participation with regional city member coalitions exploring long- term electric service contracts for internal city electric needs with a focus for alternative fuel delivery continuing a commitment to "Green" initiatives. Objective Two: Enhance the promotion and preservation of natural resources. Success defined: To work toward the promotion of Colleyville's natural resources. Tasks - ^ Evaluate best practices for consideration in adopting a "Green" initiative focusing on: / Building Codes / Reduction of yard waste through education and collection initiatives / Enhancement of community recycling programs / Alternative fuels such as solar power and hybrid vehicles ^ Continue community based programs including: / Neighborwoods tree planting grant opportunities / Household Hazardous drop-off center in partnership with Ft. Worth / Annual "Crude Curser" collection program 9 GOAL FIVE, continued Sustain a reputation for excellence / Semi-annual community clean up / Model Neighborhood Program / Partnership with Keep Colleyville Beautiful / Police department collection of used cell phones for redistribution to senior citizens ^ Continue water conservation to include public education, enforcement of existing ordinances, and implementation of various water conservation measures to preserve the adequacy of water supply to residents: / Continue to educate citizens on the need for water conservation through advertisement (media and city sources). / Update the Water Conservation Policy with attention to education, replacement of public plantings with drought tolerant plants; identify possible arboretum demonstration location(s), and enforcement program. / Develop a conservation plan for public facilities to reduce demand of potable water irrigation. / Prepare a study, with cost identification, for the implementation of a citywide construction of centralized irrigation system for public facilities. / Fund a botanical demonstration garden at McPherson Park utilizing Utility Fund funding for citizen education on use of water tolerant plantings. / Participate with the Trinity River Authority to address water conservation issues. / Evaluate viability of replacing gasoline-diesel powered vehicles with hybrid engines along with identifying possible grant funding. 10 ~- ~ Clt of Colle V~~~e 100 Main Street ~~ ~ ~ Y Y Colleyville, Texas 76034 (817) 503-1000 ~~~~°- Agenda Briefing www•colleyville.com File Number: 0-07-1642 File Number: 0-07-1642 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 10/02/2007 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a Special Use Permit for a wedding chapel and for on-premise alcohol sales on Lot 40R1 of the Village at Colleyville Addition located at 85 Piazza Lane, Case Z-07-031 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Exhibits • Ordinance 0-07-1642 History of Legislative File Version: Date: Acting Body: Action Text: 1 09/10/2007 Planning and Zoning Commission 1 09/18/2007 City Council 1 10/02/2007 City Council Title Approval of a request for a Special Use Permit for a wedding chapel and for on-premise alcohol sales on Lot 40R1 of the Village at Colleyville Addition located at 85 Piazza Lane, Case Z-07-031 Explanation Second Reading and Public Hearing One person spoke in favor of the request at the September 18, 2007 meeting. First Reading and Public Hearing The applicant has submitted a Special Use Permit (SUP) application to allow the construction of a wedding chapel and alcoholic beverage sales for on-premise consumption. The SUP request is for 85 Piazza Lane located in the Village at Colleyville addition north of Village Lane between Piazza Lane and Terra Cotta Lane. On-Premise Consumption. The proposed SUP would authorize the sale and service of alcoholic beverages for on-premise consumption. The Village at Colleyville zoning ordinance permits alcoholic beverage sales for on-premise consumption in conjunction with a restaurant use. This request is intended to serve a proposed wedding chapel; therefore a separate SUP for the sale of alcoholic beverages for on-premise consumption is required. City of Colleyville Page 1 Printed on 9/26/2007 Agenda Briefing Continued (0-07-1642) The applicant proposes that alcoholic beverages be served no sooner than 9:00 a.m. and no later than 12:00 a.m. Sunday through Thursday and no sooner than 9:00 a.m. and no later than 2:00 a.m. on Friday and Saturday. The hours of sale and consumption of alcoholic beverages are regulated by the Texas Alcoholic Beverage Commission. However, the City of Colleyville may regulate the hours of operation of the proposed business. The applicant proposes the following hours of operation: 7:00 a.m. to 12:00 a.m. Sunday through Thursday and from 7:00 a.m. to 2:00 a.m. on Friday and Saturday. The following chart is a summary of business hours of existing restaurants that are within close proximity to this request that have an SUP for alcohol sales for on-premise consumption: Restaurant Hour Open Indigo Grille 12:00 p.m. Ruggeri's 11:00 a.m. 62 Main 11:30 a.m. Green Pepper 11:00 a.m. Gloria's 11:00 a.m Bellisimo* 10:30 a.m Red Barn 11:00 a.m Bar-B-Que* Hour Closed 10:00 p.m. 10:00 p.m. 12:00 a.m. 10:00 p.m. (weekday) 2:00 a.m. (weekend) 10:00 p.m. (weekday) 1:00 a.m. (weekend) 10:00 p.m. 9:00 p.m. * Do not sell alcoholic beverages but permit consumption of alcoholic beverages on premises. Off-Premise Consumption. The sale of alcoholic beverages for off-premise consumption would not be permitted. The Village at Colleyville zoning ordinance only permits alcoholic beverage sales for off-premise consumption in conjunction with a grocery store, specialty wine shop or gourmet food store. Alcoholic beverages may not be consumed off-site in accordance with City of Colleyville and Texas Alcoholic Beverage Commission regulations. Expiration of Special Use Permit. Section 3.25(5) of the Land Development Code states a SUP approved by the City Council shall become null and void one year from the date of approval by the City Council unless a building permit or certificate of occupancy, whichever is applicable, has been obtained on the property within said one year period. Distance Requirements from Churches, Schools and Public Hospitals. The Colleyville City Code requires places that sell alcohol be located at least 300 feet away from churches, schools or public hospitals. The property satisfies this requirement. Wedding Chapel Use. The proposed wedding chapel will consist of a 300 seat chapel, a courtyard area, kitchen and reception center. The proposed reception center contains a kitchen that will be utilized for on-site food preparation and operate as an off-site food catering service. The reception center will also be utilized for conference events that are City of Colleyville Page 2 Printed on 9/26/2007 Agenda Briefing Continued (0-07-1642) not associated with wedding activities. The food catering services and conference events are allowed by right in accordance with the approved zoning ordinance for The Village at Colleyville. The applicant has indicated that ahorse-drawn carriage may be provided in conjunction with the wedding chapel. Staff will develop a separate ordinance to regulate the proposed use. Exterior Elevations. The buildings will be designed to conform to The Village style of architecture. The applicant has provided an exhibit of the exterior buildings elevations that shows a maximum height of approximately 42 feet. The proposed height of the building is in compliance with The Village at Colleyville height standards. Noise. The wedding chapel will include a bell tower which will utilize either an authentic bell or a digital recording of a bell. The applicant states that the bell will ring between the hours of 9:00 a.m. to 8:30 p.m. seven days a week, with the majority of ringing occurring on Friday, Saturday and Sunday evenings. The duration of the bell will be for approximately two minutes prior to the wedding services and approximately four minutes after the wedding services. The applicant indicates that the decibel range of the bell is between 50 to 75 decibels. This range is the equivalent of the sound of a busy highway or an air-conditioning unit from 100 feet away, based on sound comparison charts. The bell will be required to comply with the Colleyville Code of Ordinances with regard to noise nuisances. Parking. The proposed chapel will utilize an existing parking lot southwest of the subject property. The applicant indicates 150 parking stalls will be utilized. The Land Development Code contains no specific parking requirements for a wedding chapel. However, a wedding chapel is comparable to a church in terms of use. Churches are required to provide one parking space per every three seats. Therefore, given the 300 seats proposed in the chapel, the wedding chapel would require a minimum of 100 parking spaces if required to adhere to the requirements for a church. Master Plan. The Master Plan designates this property for future retail use. The proposed zoning designation is in compliance with the Future Land Use Plan. Surrounding Properties. The surrounding properties are all located within The Village and include current and future residential, office and retail uses to the north and east of the property, a vacant retail office building to the south and vacant property to the west. Development Trends. The development trends in The Village include new residential, office and retail uses. Public Notification. Staff mailed notices to 122 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 regarding this case. Summary. The proposed SUP would authorize the sale of alcoholic beverages for on-premise consumption and a wedding chapel but would not permit the consumption of alcoholic beverages for off-premise consumption. The property satisfies the distance requirements to churches, schools and public hospitals. The SUP shall become null and City of Colleyville Page 3 Printed on 9/26/2007 Agenda Briefing Continued (0-07-1642) void one year from the date of approval by the City Council unless a building permit or certificate of occupancy, whichever is applicable, has been obtained on the property within said one year period. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the September 10, 2007 meeting by a vote of 6-0. Financial Impact It has been determined that there is no financial impact. Recommendation Approval, with the conditions stated in the draft ordinance. City of Colleyville Page 4 Printed on 9/26/2007 Location and Zoning Map Notification List ACCOUN OWNER NAME OWNER ADDR OWNER CITY STATE OWNER ZIP SITUS ADDR 40487164 5K Properties LLP 11125 E. Mariola Way Scottsdale AZ 85262 000097 Main St #29 110 40487199 5K Properties LLP 11125 E. Mariola Way Scottsdale AZ 85262 000097 Main St #29 210 07066309 Applebee's Of Texas Inc 4551 W 107Th St Ste 100 Overlarid Park KS 66207 005150 Colleyville Blvd 40487474 Archie, James Wallace II 34 Piazza Ln Colleyville TX 76034 000034 Piazza Ln # 37 40946142 Boles, David Etux Teisha 59 Piazza Ln Colleyville TX 76034 000057 Piazza Ln # 410 06632491 Brown, Richard Etux Kathy 5005 Shadowood Rd Colleyville TX 76034 005005 Shadowood Rd 40487032 Center For Aesthetic Surgery 1307 8Th Ave Ste 410 Fort Worth TX 76104 000075 Main St #28 310 40487563 Classic Unique Homes Inc PO Box 92802 Southlake TX 76092 000035 Piazza Ln #38 210 40487539 Classic Unique Homes Inc PO Box 92802 Southlake TX 76092 000035 Piazza Ln #38 110 06550622 Colleyville Plaza 17400 Dallas Pkwy Ste 216 Dallas TX 75287 004904 Colleyville Blvd 06196039 Colleyville, City Of 100 Main St Colleyville TX 76034 005201 Bransford Rd 07951191 Colleyville, City Of 100 Main St Colleyville TX 76034 000053 Veranda Ln 40446158 Colleyville, City Of 100 Main St Colleyville TX 76034 000100 Main St 03781976 Colleyville, City Of 100 Main St Colleyville TX 76034 005109 Bransford Rd 40189694 Colleyville, City Of 100 Main St Colleyville TX 76034 000084 Piazza Ln 07951256 Colleyville, City Of 100 Main St Colleyville TX 76034 000050 Piazza Ln 07951140 Colleyville, City Of 100 Main St Colleyville TX 76034 000097 Piazza Ln 07950306 Colleyville, City Of 100 Main St Colleyville TX 76034 000105 Piazza Wlk 07950276 Colleyville, City Of 100 Main St Colleyville TX 76034 000105 Piazza Wlk 07950330 Colleyville, City Of 100 Main St Colleyville TX 76034 000105 Piazza Wlk 07950365 Colleyville, City Of 100 Main St Colleyville TX 76034 000105 Piazza Wlk 07950403 Colleyville, City Of 100 Main St Colleyville TX 76034 000105 Piazza Wlk 06632513 Colleyville, City Of 100 Main St Colleyville TX 76034 000000 Shadowood Rd 04501829 Colleyville, City Of 100 Main St Colleyville TX 76034 005100 Colleyville Blvd 07950837 CY Village Land LP 464 W. Duarte Rd. Unit B Arcadia CA 91007 000032 Village Ln 07950853 CY Village Land LP 464 W. Duarte Rd. Unit B Arcadia CA 91007 000032 Village Ln 07950012 Elixer Salon & Day Maker Inc 85 Village Ln Ste 150 Colleyville TX 76034 000085 Village Ln #150 40486974 G & B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 000075 Main St #28 110 40487008 G & B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 000075 Main St #28 210 40487067 G & B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 000075 Main St #28 410 40487091 G & B Property Mgt Group Lp 75 Main St # 100 Colleyvil-e TX 76034 000075 Main St #28 510 40487121 G & B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 000075 Main St #28 610 07949782 Ghauri, Khalid Pervez *92 Piazza Ln Colleyville TX 76034 000092 Piazza Ln 07949812 Ghauri, Khalid Pervez *92 Piazza Ln Colleyville TX 76034 000092 Piazza Ln 07949138 Hennessey Partners Ltd. 1205 Hall Johnson Rd. Ste. 9 Colleyville TX 76034 000062 Main St 40946207 Hov Re Llc 771 E. Southlake Blvd. Southlake TX 76092 000060 Village Ln # 110 40946231 Hov Re Llc 771 E. Southlake Blvd. Southlake TX 76092 000060 Village Ln # 210 07722842 Jpmorgan Chase Bank PO Box 2558 Houston TX 77252 005000 Colleyville Blvd 03781895 McNosky, Anthony T 5108 Pleasant Run Rd Colleyville TX 76034 005108 Pleasant Run Rd 40487407 Meier, Carolyn Jane 46 Piazza Ln Colleyville TX 76034 000046 Pizza Ln #36 110 07949081 Merced Partners Lp 62 Main St Colleyville TX 76034 000062 Main St 06632505 Mozingo, William L Etux Eoun 5007 Shadowood Rd Colleyville TX 76034 005007 Shadowood Rd 40946177 New, Joe Etux Sharon 61 Piazza Ln Colleyville TX 76034 000057 Piazza Ln # 510 07950748 Nit Investors No 2 Ltd 99 Main St Ste 200 Colleyville TX 76034 000050 Village Ln 07950772 Nit Investors No 2 Ltd 99 Main St Ste 200 Colleyville TX 76034 000050 Village Ln 07950802 Nit Investors No 2 Ltd 32 Village Ln Ste 200 Colleyville TX 76034 000050 Village Ln 07949952 Owl's Nest Lp, The 3403 Queensbury Way E. Colleyville TX 76034 000085 Village Ln #100 07949456 Realty Capital Village # 1 Lp 32 Village Ln Ste 200 Colleyville TX 76034 000055 Main St 07949987 Realty Capital Village #1 Llp 32 Village Ln Ste 200 Colleyville TX 76034 000085 Village Ln #125 07949480 Realty Capital Village #1 Lp 32 Village Ln Ste 200 Colleyville TX 76034 000055 Main St 07949545 Realty Capital Village #1 Lp 3 2 Village Ln Ste 200 Colleyville TX 76034 0 00055 Main St 07949510 Realty Capital Village #1 Lp 3 2 Village Ln Ste 200 Colleyville TX 76034 0 00055 Main St 07949588 Realty Capital Village #1 Lp 3 2 Village Ln Ste 200 Colleyville TX 76034 0 00055 Main St 40487431 Rogers, J Andrew 201 Main St Ste 2500 Fort Worth TX 76102 0 00034 Piaua Ln #37 110 40487520 Village Fine Homes Ltd 99 Main St Ste 200 Colleyville TX 76034 000038 Piazza Ln #37 312 40937380 Village Fine Homes Ltd 99 Main St Ste 200 Colleyville TX 76034 000057 Piaua Ln # 110 40946118 Village Fine Homes Ltd 99 Main St Ste 200 Colleyville TX 76034 000057 Piazza Ln # 310 40946061 Village Fine Homes Ltd 99 Main St Ste 200 Colleyville TX 76034 000057 Piazza Ln # 210 07949227 Village Jv Llc 610 Deforest Ct. Coppell TX 75019 000076 Main St 07949197 Village Jv Llc 610 Deforest Ct. Coppell TX 75019 000076 Main St 07949162 Village Jv Llc 610 Deforest Ct. Coppell TX 75019 000076 Main St 07949251 40936864 40937224 Village Jv Llc Village Management Ltd Village Management Ltd 4400 Eaton Cir 99 Main St Ste 200 99 Main St Ste 200 Colleyville Colleyville Colleyville TX TX TX 76034 76034 76034 000076 Main St 000090 Veranda Ln # 210 000047 Veranda Ln # 210 40937194 40937127 Village Management Ltd Village Management Ltd 99 Main St Ste 200 99 Main St Ste 200 Colleyville Colleyville TX TX 76034 76034 000047 Veranda Ln # 110 000063 Veranda Ln # 110 40937151 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000063 Veranda Ln # 210 40936929 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000077 Veranda Ln # 110 40936953 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000077 Veranda Ln # 210 40936996 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000077 Veranda Ln # 310 40937038 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000077 Veranda Ln # 410 40937062 40936899 Village Management Ltd Village Management Ltd 99 Main St Ste 200 99 Main St Ste 200 Colleyville Colleyville TX TX 76034 76034 000077 Veranda Ln # 510 000089 Veranda Ln # 110 40486842 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000094 Main St #15 110 07948867 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000034 Main St 07948891 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000034 Main St 07948964 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000034 Main St 07948921 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000034 Main St 07948999 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000050 Main St 07949057 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000050 Main St 07949022 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000050 Main St 40486877 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000094 Main St #15 210 07949294 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000086 Main St 40486907 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000094 Main St #15 310 40486931 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000094 Main St #15 410 07948824 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000023 Main St 07948794 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000023 Main St 07949359 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000037 Main St 07949324 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000037 Main St 07949413 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000037 Main St 07949383 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000037 Main St 40487237 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000108 Piazza Wlk #32 110 40487261 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000108 Piaua Wlk #32 210 40487318 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000108 Piaua Wlk #32 310 40487342 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000108 Piazza Wlk #32 410 40487377 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000108 Piazza Wlk #32 510 40487806 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000125 Main St #43 110 07722788 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000041 Piazza Ln 07950047 07950128 Village Management Ltd Village Management Ltd yy nnam st ste zuu 99 Main St Ste 200 v~uvrvu~c Colleyville ~ ^ TX ~ ~~~~ 76034 ~--°-- • •--- -~ 000085 Piaua Ln 07950071 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000085 Piaua Ln 07950152 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000085 Piazza Ln 07950187 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000085 Piaua Ln 07950225 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000085 Piaua Ln 40487830 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000125 Main St #43 210 40487865 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000125 Main St #43 310 40487903 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000125 Main St #43 410 07950543 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000050 Village Ln 07950586 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000050 Village Ln 07951108 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000051 Village Ln 07950616 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000050 Village Ln 07951078 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000051 Village Ln 07950640 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000050 Village Ln 07951035 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000051 Village Ln 07950675 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000050 Village Ln 07950705 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000050 Village Ln 07951000 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000037 Village Ln 40946274 Voc Builders Lp PO Box 2527 Waco TX 76702 000060 Village Ln # 310 07950861 Pville 78 LLC 771 Lois Dr. Sun Prairie WI 53590 32 Village Ln. 46-2-2 40487040 Williams, David 4804 Meandering Way Colleyville TX 76034 75 Main St. 28R-3-2 07950020 Quake Enterprises LLC 2309 Little Bear Ct. Euless TX 76039 85 Village Ln. 35R-3-2 Michael Tamer, applicant 175 E. Continental Blvd. Southlake TX 76092 applicant The Chapel at The Village Colleyville, Texas Statement of Planning Obiectives The subject of this special use permit (SUP) request is .42 acres (18,545 SF) of land located on the corner of Piazza Lane and Village lane just west of Highway 26 in the City of Colleyville, Texas, legally known as Lot 40R1 in The Village at Colleyville. The tract consists of one lot owned by Village Management, Ltd., which is currently under contract to Tamer Partners 1, LP. Upon attainment of this SUP, the land will be developed into a destination wedding chapel and reception/conference center. The chapel and receptionlconferencewdl provide the following: • A 300 seat upscale state of the art wedding chapel providing a "Cinderella" ambience and a destination facility. • A 300 seated table reception facility for wedding receptions, banquets, meetings, conferences, re-unions, family celebrations, school and business events, chamber of commerce events, etc. • Award winning food and beverage • Bride and groom facilities • Advanced sound, music, and video recording. • Community available "picture' locations • Other features: o Horse drawn carriage o Wedding coordinator o Bridal conferences, work-shops and fairs o Wedding associated retail items The proposed project will consist of two one-story buildings; a chapel of approximately 4,000 square feet and areception/conference center of approximately 6,000 square feet. These buildings will be connected by a garden courtyazd. The Reception center will apply for a TABC mixed beverage license. The public parking available on the Southwest corner of the lot will be the primary pazking usage for the facility. We project approximately 150 parking spaces utilized for our average events. The public parking lot contains 276 spaces. The buildings will be designed to conform to The Village at Colleyville's ("The Village") Spanish/Mediterranean architecture. The wedding chapel will have a steeple and a bell in the tower. The bell will be rung prior to and after the wedding ceremonies. Development Schedule The Wedding chapel is tazgeting for aJune/July of 2008 opening with the reception/conference center opening in September of 2008. Economic Development Information The projected budget for the project is $2,500,000. Assuming this ad valorem valuation, and assuming a .3474% City tax rate, the project would generate approximately $8,700 in annual tax revenue to the City of Colleyville. More significantly, however, The Chapel at The Village is projected to bring 20,000 to 30,000 people to The Village for weddings. This will provide a great benefit to the City of Colleyville and The Village retailers as it will bring new customers, and thus new sales tax revenues, to the City from visitors who otherwise wouldn't be spending their tax dollars here. The intention of a destination wedding chapel and picture garden facility will also attract the local general public to the facility to see the chapel and take family pictures (anniversaries, re-unions, holiday pictures, etc.). Summary of SUP Features Wedding Chapel Use Reception Facility and Conference Center Use Catering Facility Use Horse-drawn Carriage Rides Bell ringing between the hours of 9:30am and 8:OOpm 7 days a week Architectural Design will be approved by The Village at Colleyville's Architectural Control Committee Ability to serve alcohol Hours of operation: Same as parameters of Village at Colleyville PUD Use of public parking lot to the southwest of The Chapel (M02-I ~g~) ~~~Z ~~~ZZIn ~_ N N t~ ~-Z L-J CJ~ 0 z a I I I ~ I I I ,I I I I I ~~ ~ I II ~~ I I I , ~~ I I ~ I I I I I I! it I I II 1 I I I I I I I I I I I I I I 1T~r, I I ° f . _~~~ --- _ Ili I I , I II II ~I ___ I I I II I I I I II I I I II 1 I 1 I VI I I I I I II I j j l II I j l ~ j I I I I I I ~ ~ %~ ~ ~ I - II I i t // ~~ I I 1 I I ~ I~ I ~~`y, .-~~ I I I I II ~ I II q~ II II I ~ 1(.~ I II _ I I 11 $a II II I J 1 1 1 i li i ~ l'y~~`'~ I I i ° I I II I I I~~ ~ I I II I I I ~\1~ II I . i II I i i ~~ i t II ( I I ~ ~ I I II I I I I I I II I I f I I I I II I I~ I I II I 11/ i~~ iii II I n ndl I I `~R w I I I~ ~~~~ I ~ I I ~ i., - -- b. i. - ~ i ;~ ~ a -- ~ -- i i I ~ ll i I ~ I - ~_ I ~ -- I I I -- I , I r €- - I I rr rfi r'rrrrr i L r rrrrnrr. r I~ I ;~ I. >, rr r 4 Y I IIi r ~ u I u I -- _ > P_r. Iii = r I -. rc~rrrrrr'rrl rrrrrrrrrF __ _ __ ~ ,-,~~ I I i _ _ Y-0'x ra._~_ I I I I .' I I '.~ I ~ -- -- I I I - I I I 4~ I t I M L I ° \ I i i -~ ~ I I ! ~~ '~~ )~Y Y I ~~ \' `' ~ °IIIIIIII =--=~-----------------------_-IIIIIIII ~; I I I ~~ ~~ ~$ ~~° ~~ ~~~I ~~j -~~ I I I I I r~~-I N O 0 ORDINANCE 0-07-1642 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 40R1 OF THE VILLAGE AT COLLEYVILLE ADDITION, LOCATED AT 85 PIAZZA LANE, BY AUTHORIZING A SPECIAL USE PERMIT FOR A WEDDING CHAPEL AND THE SALE OF ALCOHOLIC BEVERAGES FOR ON-PREMISE CONSUMPTION; 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-07-031; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the Ordinance 0-07-1642 Page 2 of 4 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 Lot 40R1 of The Village at Colleyville Addition, located at 85 Piazza Lane, by authorizing a Special Use Permit for a wedding chapel and the sale of alcoholic beverages for on-premise consumption, as depicted on Exhibit "A", labeled as Location and Zoning Map. Sec. 3. 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. 4. THAT the above described tract of land shall be subject to the following conditions: 1. Hours of Operation a. The hours of operation shall be as follows: Sunday -Thursday: 7:00 a.m. - 12:00 a.m. Friday -Saturday: 7:00 a.m. - 2:00 a.m. 2. General a. The uses allowed by this Special Use Permit shall be for a wedding chapel and the sale of alcoholic beverages for on-premise consumption. b. The following shall be acceptable accessory uses: wedding reception facility, conference center, catering facility, horse drawn carriage rides. c. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use or upon the expiration or termination of the Certificate of Occupancy for the wedding chapel. Ordinance 0-07-1642 Page 3 of 4 d. The site and building layout of the wedding chapel shall generally conform to the attached, Exhibit "B" labeled as Building Layout. e. The building design and style shall generally conform to the attached, Exhibit "C" labeled as Building Design. f. The sounds created by the bell tower shall conform to the City of Colleyville Code of Ordinances, Article II -Nuisances. g. The actual bell shall be either an authentic bell or a digital recording of a bell. The bell tower shall be operable only between 9:00 a.m. and 8:30 p.m., Monday through Sunday. The duration of any sound created by the bell shall be no longer than two minutes prior to a wedding service and four minutes after a wedding service. The maximum noise decibel reading of any sound created by the bell shall not exceed 75 d6 as measured from the property line of the wedding chapel. h. A minimum of 150 parking spaces shall be provided within the Village at Colleyville development for the wedding chapel during scheduled events. Sec. 5. 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 ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-07-1642 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2007. The second reading and public hearing being conducted on the day of 2007. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map 711 ~ 713 ~ 715 I ~_~ O3 I 8.15 ~3 ~~ ® ~_ 5001 AON 4808 4907 4905 Exhibit B -Building Layout .; _, ~; _~. ~: ; ~' r `a ;: Exhibit C -Building Design s. rf.- -~,~. - ~ ~- ~ ~~ ~ ~ ... ~~. _i _~ ~ i - i_,__m~__-,,. :.-.. 'i~'~tz ~~ ~~ L.. ~ ' '- -. ~ I ~ 7._ N,y} Z ,~ { « ~ I r~ ~.. E : F .'f,. I u~ Ji Jr'_ N ~ ~ -v ~ {} ~ 4 2 ~~ ~' ~ y . i (C \\ j F { -_~-_~ __ ~ ., i .. 4-1=.._ ~- ~f . . t ~ ~ l: r ~~ ~ i M1k j F- w ti * r {,~ L ~it 4 ~ i yam, i~ ,_ r,7~.. '„~- is ~ ~~ 100 Main Street ~ City of Colleyville Coll ($~i~) 03X1000 034 ~s °~~°~° Agenda Briefing ~~colleyville.com File Number: 0-07-1643 Version: 1 Requester: Community Development Department File Number: 0-07-1643 File Type: Ordinance Agenda Date: 10/02/2007 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Surrey located at 1100 Glade Road, Case Z-07-029 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Zoning Exhibit Ordinance 0-07-1643 History of Legislative File Version: Date: Acting Body: Action Text: 08/13/2007 Planning and Zoning Commission 09/10/2007 Planning and Zoning Commission 10/02/2007 City Council Title Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 Explanation First Reading and Public Hearing The applicant is requesting to rezone 0.5 acres of land from R20-Single Family Residential zoning district to PUDC-Planned Unit Development Commercial zoning district. The property is located at 1100 Glade Road at the northeast corner of Glade Road and Oak Timbers Court. The property currently contains a vacant single family home. The applicant is seeking a zoning change in order to convert the home into an office for an engineering firm. Platting. The subject property will be required to be platted upon approval of the rezoning request. Open Space. The PUDC regulations require a minimum of 20% open space. This development proposes an open space area equal to 81 % of the total development. The applicant states that there are no amenities proposed for the open space areas. However, there are a large amount of mature trees that will be preserved within the open space. Cify of Colleyville Page 1 Printed on 9/26/2007 Agenda Briefing Continued (0-07-1643) Site Plan. The developer has provided an updated conceptual site plan that has been incorporated into the proposed zoning ordinance. The site plan shows a 1,240 square foot office building that will be converted from an existing single family home. The applicant proposes to construct a parking lot located primarily behind the building that will have access to Oak Timbers Court. Five parking stalls will be provided, which meets the minimum requirements of the Land Development Code for office uses. Access. The only point of access to the property will be from a new driveway approach onto Oak Timbers Court from the proposed parking lot behind the structure. The existing driveway serving the structure from Oak Timbers Court will be demolished. Drainage. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the Colleyville Engineering Department. Construction plans for drainage improvements will be submitted as part of the platting process. Fences, Walls and Screening. An eight foot tall fence will be built along the eastern property line adjacent to the single family residence. The applicant is requesting a waiver to the fence screening requirement along the northern property line, which abuts an existing single family home. The applicant asserts that the large amount of trees on the northern portion of the property act as a natural buffer. However, on the updated site plan the applicant notes that he will build the fence, if requested by the adjacent property owner. Staff recommends a tree survey be required prior to the removal of any trees on the lot and trees not located within the right-of-way, required parking areas or easements be preserved. Sidewalks. A 10-foot wide concrete trail is required to be constructed along Glade Road. The trail must be installed before a certificate of occupancy authorizing the proposed use is issued. Exterior Building Elevations. The applicant intends to utilize the existing home as the office. Renovations to the interior and exterior are planned. While the applicant may perform cosmetic treatment to the roof and exterior wall, the original brick construction and roof pitch will remain. Staff recommends that future expansion of the existing structure require compliance with the commercial design standards per the Land Development Code. Statement of Planning Objectives. The developer has provided a written Statement of Planning Objectives, which has been used for drafting the proposed PUDC ordinance for the subject property. The Statement of Planning Objectives describes the nature of the proposed development, which includes a development schedule and a statement of development goals. Master Plan. The Colleyville Master Plan designates the future use of this area for office land uses. The proposed use satisfies this requirement. Development Trends. The surrounding properties are all zoned R20-Single Family Residential and are used as single family residences. However, between Riverwalk Drive and SH26 many of the properties are used as offices. City of Colleyville Page 2 Printed on 9/26/2007 Agenda Briefing Continued (0-07-1643) 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-tenant office buildings are expected to generate 12 trips per day, on average, per 1,000 square feet of office use. Based on this average, a 1,400 square foot office building would generate approximately 17 trips per day. Public Notification. Staff notified 16 property owners within 200 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence in regard to this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the September 10, 2007, meeting by a vote of 6-0. Summary. The impact to the neighborhood, in terms of noise and traffic due to the proposed change of use from residential to office on this property, will be minimal. Additionally, given the future land use recommendation for office uses on this property, staff supports the request by the applicant. Recommendation Approval, with the conditions stated in the proposed ordinance. City of Col/eyville Page 3 Printed on 9/26/2007 Notification List OWNER_NAME Brewer, Gladys L Collins, Harvey D Quenichet, John Wayne Collins,Virginia Etvir Richard Montano, Thomas B Richard Family Limited Partner Chagani, Mustafa Gallegos, Billy King, Dale L Horak, Jo L Adler, Keith EI-Chantaf, Myriam & Faisal Thiel & Thiel Inc Robert Salter Family Lp Glade Road Capital Llc Benjamin Thompson, applicant OWNER_ADDR 5012 Oak Timbers Ct 5013 Oak Timbers Ct 5005 Oak Timbers Ct 5004 Oak Timbers Ct 1100 Sabine Ct 5009 Thompson Ter Ste 102 1105 Sabine Ct 1100 Glade Rd PO Box 371 PO Box 395 1112 Glade Rd 4804 Bransford Rd 109 Mill Valley Dr 2757 Airport Fwy PO Box 1821 1711 Parkwood Drive OWNER_CIl STAI OWNEF SITUS_ADDR Colleyville TX 76034 005012 Oak Timbers Ct Colleyville TX 76034 005013 Oak Timbers Ct Colleyville TX 76034 005005 Oak Timbers Ct Colleyville TX 76034 005004 Oak Timbers Ct Colleyville TX 76034 001100 Sabine Ct Colleyville TX 76034 005009 Thompson Terr Colleyville TX 76034 001105 Sabine Ct Colleyville TX 76034 001100 Glade Rd Colleyville TX 76034 005000 Oak Timbers Ct Colleyville TX 76034 001104 Glade Rd Colleyville TX 76034 001112 Glade Rd Colleyville TX 76034 005005 Thompson Terr Colleyville TX 76034 005001 Thompson Terr Fort Worth TX 76111 001105 Glade Rd Colleyville TX 76034 001009 Glade Rd Grapevine TX 76051 applicant E-mail: bthompson@ACEnglnc.com Statement of Planning Objectives • Architectural Consulting Engineers, Inc. (ACE Inc.) is a growing structural consulting firm which performs residential forensics and commercial engineering design. • This property is suggested as office use in the Colleyville comprehensive master plan. • ACE, Inc. has low business traffic impact. The business use for 1100 Glade will primazily be in house construction drawing generation, report writing and record keeping. The forensics work is done off site. The azchitectural consulting side of the business typically takes place at the azchitects' office. The nature of this business is quiet and low impact. In the last year, only three clients visited the Grapevine office all year. • Our goal is to reuse the existing azchitecture as much as possible and we intend to be ecologically friendly in development of this property. We intend to use green building practices as much as possible. • Phase #1 includes renovation of the existing 1240 square foot structure into office use and addition of nine front pazking spaces. Office #4 renovation is an alternate and may be relegated to a Phase #2 improvement. • Phase #2 renovations include conversion of the existing 550 square foot garage into office space. • Phase #3 renovations include replacement of the existing mechanical system. • Phase #4 renovations may include cosmetic treatment of the roof and exterior wall systems. Proposed Ownership • Benjamin M. Thompson, President of ACE Inc., owns this property and will lease the property to ACE Inc. after planned zoning. Phase #3 construction may include Executive Suite type leasing. Utility Provisions • Existing lines will be used. • New Verizon FIGS Internet service will be added. Economic Development Information • Local office job creation and employment opportunities. • The structural engineering field is in need of local highly skilled labor. Traffic Impact Analysis • Negligible impact as discussed above. Open Space Design Covenants • Approximately 58% of rear lot to remain native. • Open space maintenance provided by property owner. Project: 1100 Glade Road, Colleyville, TX 76034 _ ~~., ~ k l ;t e '',y~ .c,. ,.1~ f .. ~~ ~ ~ 4 3 [ ~ ~ $~ y ~ ~~e u ~. ~; -~ ~, ~, " ~ ~:•: a a - If F '~ ~ ~~; . , t~ '`" -` _ ~P ~~ R~t- y~•:: ~~ ~:~ ~ Commercia ~~- ~t ~f Design ana Engineering Residential v Forensic Services Architectural Consulting Engineers, Inc. greatest strength lies in our innovation and creativity. Architectural Consulting Engineers, Inc. strives to be an industry leader in the Structural Consulting by providing the client with superlative service at reasonable prices. We are conveniently located in the heart of DFW to service you as your engineer next door. We offer prompt and courteous service to meet all your structural engineering needs with Excellence by Design. The photographs above are examples of projects Mr. Thompson has worked on in the peat while empbyed at other engineering firms. These copyrighted photographs of the Hicks Estate found above are ,t, from the cdlection of Douglas Newby 8 Associates. To see ~. • ~~ additional images of the Hicks Estate visit the Web site o/ Douglas l//-~`1 Newby 8 Associates, www.SignificantHomes.com. These copyrighted materials may not be reproduced. aV ~ _ ~~${{§~ ~~d~a~ ~ ® ~ 3~~ ~ ~~ Ra ~~ ~ 3O .~ .,~.~o..,. rrl ~ $~ _ MYIp Ol TXU! 000 >H1SO13 AO'OTi HIf10S >1tl15q 16fLL39 DNif OODtI A A3M ~ ? ~ m ~~ ~ I ,0-,lS 'M'OY OVA A-~~ A.OY g¢ t ` ~ ~ i 6 Q a ~y ~ 3~ W ? ~ S g ~ $ ~ ~ ~ O R ~ ~~{ ~ i~ b ~ 2 dY6 8~~ ~rw1 ~J ~ g F Bi p :~ ~ ~ ~ 3 Q a rr {~ ~.~.~ w ~ ,, ~ . ~ ~ AO' WLON i~~rA o-sc 2 gg~a 40 ~ =~r 'P' 95a~ Y.+ l~lfl^~ S~J3SWI1 ~Ib'^ s ~ ~ 4 ~ ~~~~ ~~ ~~~ ~~ ~~~~ ~~~ ~~~~ ~~ ~6~~ ~~~~ ~ -.~~~~ a i~~ii a =a€qYs F w - E A m E ` ~~09L Xl `3~~ InJ.33~00 _ ~ ~ ~ ~~ ~ Z ~ ~- ad02i 34'd30 00 l l Q F e ! ! ~ ~ ~- ~ ~' Q O S311f1S 3~I1f103X3 30'd~0 I! g `' ~' ~ ° ~ ~,~~g ORDINANCE 0-07-1643 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 0.54 ACRES OUT OF THE JOSEPH M. LOONEY SURVEY, ABSTRACT 936, FROM THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING 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-07-029; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-07-1643 Page 2 of 4 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 0.5 acres out of the Joseph M. Looney Survey from the R20-Single Family Residential zoning district to the PUDC-Planned Unit Development Commercial zoning district, as depicted on Exhibit "A", labeled Location and Zoning Map and as described on Exhibit "B", labeled as Legal Description. 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 PUDC is for an office building. 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 development shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C", which shall not be considered the plat. b. The property shall be platted before any development shall be permitted. 3. SCREENING a. An 8-foot screening fence shall be constructed and maintained along the eastern property line where the proposed development abuts residential uses. Ordinance 0-07-1643 Page 3 of 4 4. LANDSCAPING AND OPEN SPACE a. The development shall provide a minimum of 81 percent open space and shall be generally consistent with the Conceptual Site Plan, labeled as Exhibit "C". b. All landscaping shall comply with Chapter 4, Landscaping and Buffering of the Land Development Code. 5. EXTERIOR BUILDING ELEVATIONS a. The exterior building elevations shall adhere to the design of the existing primary structure on the property. b. Cosmetic renovations to the roof and exterior walls shall be permitted. c. The roof pitch shall remain in accordance with the commercial design standards per the Land Development Code. d. Future expansion of the existing structure shall require compliance with the commercial design standards per the Land Development Code. 6. TRAILS AND SIDEWALKS a. A 10-foot wide concrete trail shall be constructed along Glade Road by the applicant, per the requirements of the Colleyville Pathways Plan, before the Certificate of Occupancy granting the change in use is issued. 7. OTHER a. A single driveway approach shall be allowed onto Oak Timbers Court, as shown on the attached Exhibit "C". The driveway approach on the property shall adhere to the minimum standards required by the City of Colleyville Engineering Department. b. A tree survey shall be required prior to the removal of trees within the northern portion of the lot. c. Trees located on the lot that are not located within rights-of--way, required parking areas or easements shall be preserved. 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. Ordinance 0-07-1643 Page 4 of 4 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 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit A -Location and Zoning Map 5104 5016 5018 5000 51 13 5113 5100 5109 5025 5021 5012 5017 5004 1104 ,109 1112 1118 1120 5105 1100 1105 1109 1113 1117 1121 5101 1104 1108 1112 1116 1120 R20 1100 5013 1105 1109 1113 1117 1121 1104 1108 1112 1118 1120 Site 1 1100 1105 1109 1113 1117 1121 5000 1117 I 1201 1112 1118 1109 l 1113 + 1117 I 1101 1105 l 1100 I 1104 (1tz 11118 I PU DR 1121 .nGdl 1105R20 1105 ~. - '`~` 11Da 11Ds ~r,~~r`.. , 1100 4800 ~~.--rte" Exhibit B -Legal Description 11 t~c~ptioft for :17(.1 Made F~oad, calieyv~ine, Teams (o.~t ~) I~ir~ all that ~erib^in Jiot, tr~r,~t o~ Ram of hand oulr of the J.~JI. ta0a~ay ~~rvay, Abstract P~1~ !D36, Tarrerl# Ooe,rrty, Tom, and ~n0 1i7et same lr~t of land aon,~~d ~ did ~ Floyd and ~Ittla due Latham re~de+d In volume ~822,~ 823 of ttte Owed l~etaorda ~! Tan-snt ~Y, Teases, and being a portion of an 11.1 ~8 acre fr'ec# ~ land cle+sded to Jarrtas A. RiJ$#, end rooor+ded in llelurne X38'8, Page ~J9.9 0~ the Qaad Fle+cords ~ Tament Ocwniy, Taxes, and being r'nore particuiarfy ci!a~eoaribad by rr~a and bounds es fialkrws: ~ . BEGINNING aR a faint far Omer in the lVO~th line arf ~l~e Road, mid poirr~ being the uthee~ct comer o~ eaid Latham trait, and saki Rust tract; TI~MCE VYeat, with file hlarth ~rtis ~ s$id GIB RDed and with the SQUth lima of acid ~atinarn #act ~d d Rust tract, a dE~nce ~ 114.01 teat ~ e paink for ooer~er of the int~~'#~n of Oak 'Flrnbsra ~aurt acrd Cede Rand. said paint i>eir~ tf~e Sauthw comer of eaid t.,atFxarri track THENCE Narth.y tl~e~.Eaet.lir~e.af.saisi osk Trri6e~s'~OdtirE and 1M11~ #Yie'~Veat line t~f ~l611d h~1T1 tt'BCt, s dis~~ +D} ~ 27.p011set ~ ~ pDiAt fDr ~Qrner ~ tf"~ beginning 01' a curve fia the right having a mdlue of 232, 23 fact; TF-fE~IOE wtt#~ aped c~,rva t~ file ri~~rt ltd wdttt they Ee~t Tina of safd yak Timbers ~o~ a di~noe of 54.4 feet and t#~raugh a Chi cf JV ~ deg 34 ~~ ~7 sec East, X4,1 ~ font to an Iron rod found 1~or the Flort>hwast oonn4r~ $a~id L~harn tract; TNI.:,iycl: Fit. with th• Ndrth line o~# saisi i..at#~n tract. a dfster4ce of t~0.00 tit #o e~ iran cad fecund fs~ ids Ncrtheaat curer of avisi Lalherrn trot; THi`NCE ;sQ~R11, wittl tl'te East I(!I~ of said ~ath~Mrri tract'. ~- dlstanr~i of ~1 b_O~D i'~eefi tad the ~'oINF aF Bes}I~ning, arrcl ~ontaining x.541 of an as~re of land, rnar~e ar Jess. Exhibit C -Conceptual Site Plan ~~ ~~ OAK TIMBERS COURT 3 r ~' oia, --__ ~~8 NORM m ~~~F~'''-~~_ Gl ~ ~~{ ~~ ~ 1 r~'a ~ d ~a , ~~ ~' ~ ~1~ a-ar -a .. ,r-r ~~ 4 i~ ~ ~ 1111 A f ~g ~ e# ~ ~»~ ~~ ~_ ~ ~:~~-~ ~ ~~~~ ~~ ~~ ~~ ~ ~~~~~ ~ s--~-' - i ~ i d! ~~~ .. ,.. ii, a s R~ ~, v iii ~ ~ ~~r ~~~i~ly~~ t 4 ~ ~ _ yy y y 0 3 d y~ C1 _Q n 0 a a. nccQD m m ~ ~~- m a o ,.. .. ~ ay ~ ~ o ,Q ;,~ 3 ~ ~ ~- n ~ y~3• ~~ ~ o" `` ~ n ~ ~ o. 0 e° ~ ~ ~ n ~ co 3 = ~, e c ~- o .. O .yr. y ~ Q ~ ~ C ~ (D (D ~ Q -=w ~ f`~17~~\ 1 `Vq ~ G > > O W v ~ ~ Q 3 rt ~~ o G cs ~ ~ ~ ~ ~ ~' ~ ~' v, >> O rt (~ ~ y ~ O a A~ ~ ~ , ~ ~ ~ ~~` a m n v y y O 0- 0 a C y ~ G °'~ a O D' N " 3 ~ = Q ~~ ^. ? ~.=•o i _ y ~ . y ~ .~ 3 ~e~= ~, 3 . o ~~ ~ C7 O O ~ ~ O n (~ ~. 3 3 IV C C am.. .~y ~~ ~ a --~ ~~ 3 4 ;; ~ ~ c~ ~ c s y ~. 01 ~ 0 1 "'~' o ~~ ~o ;a C7 (D ,C -~ .. m N h aZi co ~ ~ m 3 a 01 ~ 3 z ~ ~ 1 ~- N a ~, CAD ~ Z 0 .~ l° +.f c~ Q 'Sl ~..~ cn cD ti rj O ~ ~ r~ Q n. ~ ~ =-' © ~ Q --~, ~ o ~ n b p ~ ~ 3 (D 0 ~~ cn .. J~ c- m n a ~o v ?_ !!~ Clt of Colle V~~~e 100 Main Street ~ Y Y Colleyville, Texas 76034 (817) 503-1000 ""'' Agenda Briefing www.coueyviue.com File Number: R-07-2891 File Number: R-07-2891 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 10/02/2007 Agenda No.: 7a Status: Resolution Controlling Body: City Council Final Action: File Name: Consideration of an Appeal of the decision by the Sign Board of Appeals by Linda and Richard Seim, for a variance regarding a monument sign on Lot 1, Block 1 of the Southwest Colleyville Office Park Addition, located at 3951 Brown Trail, Case G-07-017 Attachments: Location and Zoning Map Notification List Applicant's Appeal to City Coucil Picture of Sign Resolution R-07-2891 History of Legislative File Version: Date: Acting Body: Action Text: 10/02/2007 City Council Title Consideration of an Appeal of the decision by the Sign Board of Appeals by Linda and Richard Seim, for a variance regarding a monument sign on Lot 1, Block 1 of the Southwest Colleyville Office Park Addition, located at 3951 Brown Trail, Case G-07-017 Explanation Reading and Public Hearing On September 11, 2007, the Sign Board of Appeals denied a variance request submitted by Linda and Richard Seim regarding an electronic moving/flashing (or scrolling message) sign, that is part of an existing monument sign, located at 3951 Brown Trail. The variance request sought to allow the change of slogans more than once every five minutes. Section 1.15(H) of the Land Development Code provides the authority of the City Council to consider the applicant's appeal request. The following is an excerpt of the applicable language from the Land Development Code: Appeal to City Council -The decision by the Sign Board of Appeals shall be final, unless the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Board. The enforcement official shall re-notify all property owners lying within two hundred (200) feet of the area being considered and place the applicant's appeal request on the next available agenda for consideration by the City Council. The following is the specific provision in the Land Development Code regarding these types of signs: City of Colleyville Page 1 Printed on 9/27/2007 Agenda Briefing Continued (R-07-2891) Section 7.215(H) of the Sign Regulations Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any illuminated, animated, moving or flashing sign. Exception: Only a sign, which has illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature, only shall not constitute a flashing sign. A permit was issued for the sign, including the electronic message portion, in March 2006 as the sign met all code requirements. However, the scrolling message portion does not comply with the above stated code due to messages scrolling more than once every five minutes. The sign currently scrolls electronic messages that, according to the applicant, include public service announcements, patriotic messages and humor. Public Notification. Staff mailed notices to 9 property owners within 200 feet of the site. Staff has received no written response regarding the variance request. Sign Board of Appeals Recommendation. The Sign Board of Appeals recommended denial of the request at the September 11, 2007 meeting, by a vote of 4-0. Summary. Given the electronic scrolling portion of the sign is in violation of the Sign Regulations and can be programmed to comply with the five minute scrolling minimum required by the Sign Regulations, staff's analysis is that no hardships or special conditions exist that warrant exceptions to the Sign Regulations. Financial Impact It has been determined that there is no financial impact. Recommendation Denial City of Colleyville Page 2 Printed on 9/27/2007 Location and Zoning Map ~0 a02 '~04 3tM r 4000 Ir"~ __ ~~ '~~ Y00 - tii3 iDS 3041 ~ 310:_ ~ ~ 3000 263 13 17 ' '401 406 ~ 13 ~. ~ 313 m ~~ -""- A ~ 4004 .. 3000 .904 406 412 3613 3~5 400 4000 312 ' ~ ;600` '9013 4020 4024 . -3601 ,, / 4pd. 400 401 q07. 21 ___.. 3809 313 ~~~ . 308 aoe 412 '~. 5no . 3805 434 q ~ 4 D~ 3x01 131 [ 1 ~ ~ u 38D0< ! ''' 3725 ~ ~ 3720 PUDR. ~ f 3721 ~ 3?21 12Q... 3723 ', 3? 17 37 10 m ~ 371? 20. - 12 3713 371= 37 1 '7710 3 Og I 3700 3706 3712 ~ 3706 3700 l 371 04 3706 3704 3705 370 /r 743 00 3701 3700 3704 70 3701 3700 3817 p 313, 401 406 3813 3812 3818 3813 3812 3800 3606. 3800 404 qpg 412' . 418 .3806 4 ~~ ~:~"~~ .4112 4113 ...4104 4106 4104 1002 901 903 005 41 D2 1000 ,. 4105 4110 4111 4102 4103 4102 `~ 4104 ~i 021 4103 000 ~2 904 1000 10 ~•, 1001 4a D2 aloe 9iaD a1DD e~ eo2 ~~ ?17 4101 4107 "-~--~_.---•-^,-r---~~~~~ 9007 4100 4008 1~ 4100 4007 801 803 901 ~3 ~5 007 1001 1003 4005 /f , 8014 4013 4000 I 4010 ti 4006 qp 05 4003 /... ' 604 4011 000. 1000 1002 002 4003 12 4004 ~~ 802 000 002 004 ~ 1000 9 4002. Site ~ 4oDe 007 1001 1003 1007 02 40~ 9001 803 901 903 ffi75 1005 1 IOD3 qp 04 4000 (,~ ` 3010 ~i7QC 715 ' 000 4 `~ ~~ 3DDe 3815 3900 3810 3800. 3800 3808 3608 38 1 X06 3716 3716 3714 -.. 3700 3708 3708 MAP ID 1 2 3 4 5 6 7 8 9 TAD ACCT 05473721 41009274 41009282 07302738 07302711 07302703 41009266 06747558 06747582 OWNER NAME Colleyville N V Madison Real Estate Ltd Heather Ridge Development Llc Foster, Ross Etux Sharla Herme Polk, James Etux Lisa Dao, Danny T Etux Diane Diep Seim, Richard & Linda Dhd Smile Designs, Ltd Saddlebrook H/O Assoc Inc Notification List OWNER ADDR 4000 Brown Trl 3000 Spring Valley Dr 609 Cheek Sparger Rd 3909 Treemont Cir 3913 Treemont Cir 3917 Treemont Cir 524 Bedford Rd 4000 Brown Trl PO Box 382 OWNER OWNER OWNER CITY STATE ZIP Colleyville TX 76034 Bedford TX 76021 Colleyville TX 76034 Colleyville TX 76034 Colleyville TX 76034 Colleyville TX 76034 Bedford TX 76022 Colleyville TX 76034 Colleyville TX 76034 SITUS ADDR 000000 Brown Tr 000607 Cheek Sparger Rd 000609 Cheek Sparger Rd 003909 Treemont Cir 003913 Treemont Cir 003917 Treemont Cir 003951 Brown Tr 004000 Brown Tr 004001 Brown Tr SEIM CHIROPRACTIC CENTER Richard G. Seim, B.A., D.C., D.A.A.P.M. Linda K. Seim, D.C., D.A.A.P.M., D.A.B.C.O. 3951 Brown Trail Colleyville, TX 76034 Phone: 817-656-0046 City of Colleyville 100 Main Street Colleyville, TX 76034 September 13, 2007 To Whom It .May Concern: This letter is to give notice that we wish to appeal the denial of our request to use the scrolling message feature of our sign. The zoning board was unable to allow us to use the feature because of the sign code so we are respectfully requesting a variance. Attached are a picture of our sign and the drawing that was shown when we received the permit. We visited with the permit department several times prior to getting the permit in order to comply but no one mentioned that we would be unable to use all the features of the permitted sign. Therefore, we would like a variance in order to use the scrolling message feature. Currently we are only allowed to have time and temperature; while any other message must remain up for five minutes. This is a problem since there are only 11 characters on the message at one time. Therefore a message like "Happy Thanksgiving" would not be allowed since it would only say "Happy Thank" and make no sense. The rationale for the variance is this: Colleyville Heritage High School has a scrolling message board and therefore has already received the variance that we are requesting. Thank you for your time and consideration. Sincerely, Linda K. Seim, DC ,RECEIVEn ,~ "rr ~ ; (Per .,........... Picture of Sign in Question Taken on 9/11 /2007 RESOLUTION R-07-2891 A RESOLUTION APPROVING AN APPEAL OF THE SIGN BOARD OF APPEALS DECISION REGARDING A VARIANCE REQUEST FROM THE SIGN REGULATIONS FOR LOT 1, BLOCK 1, SOUTHWEST COLLEYVILLE OFFICE PARK ADDITION LOCATED AT 3951 BROWN TRAIL NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the request of Richard and Linda Seim, for a variance from Section 7- 215(H) -Sign Regulations: Prohibited Signs of the Land Development Code is hereby approved. The existing monument sign located on Lot 1, Block 1, Southwest Colleyville OfFce Park Addition may scroll electronic messages at intervals that are less than five minutes in length. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor 100 Main Street J ~ ~ City of Colleyville Colleyville, Texas 76034 '~ (817) 503-1000 ~~~~~~ Agenda Briefing www.colleyville.com File Number: R-07-2892 File Number: R-07-2892 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 10/02/2007 Agenda No.: 7b Status: Resolution Controlling Body: City Council Final Action: File Name: Approval to suspend the October 25, 2007, effective date of the proposal by Atmos Energy Mid-Tex Division (Atmos) to implement new rates Attachments: Resolution R-07-2892.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/02/2007 City Council Title Approval to suspend the October 25, 2007, effective date of the proposal by Atmos Energy Mid-Tex Division (Atmos) to implement new rates Explanation Reading and Public Hearing On September 20, 2007, Atmos Energy Mid-Tex Division (Atmos) filed a rate increase with all Atmos Mid-Tex cities, including Colleyville and the Railroad Commission. The filing will increase Atmos' revenues by approximately $52 million dollars annually. The average residential bill will increase 8.27%, or approximately $20.00 annually. Commercial customers will see their average bill increase 22.72%. Atmos has proposed an effective date of October 26, 2007, for the new rates. If the City takes no action on this item prior to that date, the new rates will become effective. The law permits the City to suspend the effective date for 90 days. The proposed resolution suspends the effective date of Atmos' rate increase for the maximum period permitted by law, to allow the City time to evaluate the filing, determine whether the filing complies with law, and if lawful, to determine what further strategy, including settlement, to pursue. The resolution refers to the suspension period as "the maximum period allowed by law" rather than ending by a specific date. This is because Atmos controls the effective date and can extend the deadline for final City action to increase the time the City retains jurisdiction if necessary to reach settlement on the case. If the suspension period is not increased by Atmos, the City must take final action on the request to raise rates by January 24, 2008. In May 2007, Atmos filed an application for its fourth Gas Reliability Infrastructure Program (GRIP) rate adjustment in four years. That request sought to increase the rates of all City of Colleyville Page 1 Printed on 9/28/2007 Agenda Briefing Continued (R-07-2892) customers by $12 million annually, or approximately $0.59 per residential customer per month. In response, the Atmos Cities Steering Committee (ACSC) recommended a suspension of the proposal to allow time to study the matter. Council approved this measure on July 17, 2007. After deliberation, the ACSC recommended denial of the GRIP increase due to a $3.4 million dollar inconsistency in reported expenses. Council voted to deny the GRIP increase at the September 9, 2007 City Council Meeting. Financial Impact It has been determined that the estimated total resulting charges for ACSC to study the increase could be approximately $1.00 per residential customer, which would be billed to the customer over a 3 to 12 month period. ACSC absorbs the costs of the rate case and these costs are subject to reimbursement by Atmos at the end of the case, pursuant to the Texas Gas Utilities Regulatory Act, Section 103.022. However, rate case expenses incurred by Atmos may be imposed as a surcharge on customer's bills. Typically, those charges are nominal to the customer and pro-rated over a period of time. Recommendation Approval City of Colleyville Page 2 Printed on 9/28/2007 RESOLUTION R-07-2892 A RESOLUTION BY THE CITY OF COLLEYVILLE, TEXAS SUSPENDING THE OCTOBER 25, 2007 EFFECTIVE DATE OF THE PROPOSAL BY ATMOS TO IMPLEMENT NEW RATES; AUTHORIZING THE CITY TO WORK WITH ASCS IN THE REVIEW OF ATMOS RATES; AUTHORIZING THE INTERVENTION IN ADMINISTRATIVE AND COURT PROCEEDINGS REGARDING THOSE RATES; REQUIRING REIMBURSEMENT OF COLLEYVILLE'S RATEMAKING COSTS AND REQUIRING DELIVERY OF THIS RESOLUTION WHEREAS, on or about September 20, 2007, Atmos Energy Corp., Mid-Tex Division (Atmos), filed with the City of Colleyville (Colleyville) a Statement of Intent to change gas rates effective October 25, 2007, in all cities exercising original jurisdiction within its service area; and WHEREAS, Colleyville has benefited from working with the 141 city members of the Atmos Cities Steering Committee (ACSC) and will benefit from working with ACSC on this rate request; and WHEREAS, the Gas Utility Regulator Act (the Act), Section 104.107 grants local regulatory authorities the right to suspend the effective date of proposed rate changes for ninety (90) days, and Section 103.022 of the Act provides that costs incurred by cities in ratemaking activities are to be reimbursed by the regulated utility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the October 25, 2007 effective date of the rate request submitted by Atmos on or about September 20, 2007, be suspended for the maximum period allowed by law to permit adequate time to review the proposed changes and to establish reasonable rates. Sec. 2. THAT Colleyville is authorized to work with ACSC to hire and direct legal counsel and consultants, negotiate with Atmos, make recommendations regarding rates and to direct any other action in regard to administrative proceedings or court litigation associated with an appeal of a rate ordinance and the rate case filed with the City or Railroad Commission and Colleyville's reasonable rate case expenses shall be reimbursed by Atmos. Section 3. THAT it is officially determined that the meeting at which this Resolution passed is open to the public and the public notice of the time, place and purpose of the meeting was given as required by law and that a copy of this Resolution shall be sent to Atmos and General Counsel for ACSC. Resolution R-07-2892 Page 2 of 2 AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ABSENTATIONS ON THIS THE 2007. AYES, DAY OF NAYS AND ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~'"' 100 Main Street ,~~~~ ~ ,,,~ City Of C O ~ ~ e~/V ~ ~ ~ e Colleyville, Texas 76034 _ ~ (817) 503-1000 '``~" Agenda Briefing www.colleyville.com File Number: R-07-2893 File Number: R-07-2893 Version: 1 File Type: Resolution Agenda Date: 10/02/2007 Status: Resolution Controlling Body: City Council Requester: Office of the City Agenda No.: 7c Final Action: Secretary File Name: Nominating candidates for the Tarrant Appraisal District Board of Directors Attachments: Tarrant Appraisal District letter dated September 10, 2007.pdf Chapter 6, Texas Property Tax code excerpt.pdf Resolution R-07-2893 History of Legislative File Version: Date: Acting Body: Action Text: 1 10/02/2007 City Council Title Nominating candidates for the Tarrant Appraisal District Board of Directors Explanation Reading and Public Hearing The terms of the Tarrant Appraisal District Board of Directors expire December 31, 2007. The City of Colleyville may nominate one candidate for each of the five positions to be filled, but is not required to make any nomination. The nominations must be submitted to the Chief Appraiser as a resolution adopted by the City Council by October 14, 2007. The nominees must have resided in the Tarrant Appraisal District for at least two years prior to January 1, 2008. They may serve on the governing body of a taxing unit in the Tarrant Appraisal District and still be eligible to serve as a Director. A Director may not be related to a person who is in the business of appraising property for property tax purposes or represent property owners in proceedings in the appraisal district or who is employed by the appraisal district. The duties of the Board are outlined in Chapter 6, Texas Property Tax Code, which is attached. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 9/26/2007 TARRANT APPRAISAL DISTRICT 2500 Handley-Edendlle Road • Fort Worth, Texas 78118.8909 • (817) 284-0024 JE~n/~R.DMarrohal~ r~.r ~bvrrw. September 10, 2007 Mr. David Kelly Mayor City of Colleyville 100 Main Street Colleyville, Texas 76034 Dear Mr. Kelly: The terms of service for our five members of the Board of Directors will expire on December 31, 2007 and it is time to begin the process of conducting an election. Based on the amount of the 2006 adjusted tax levy imposed by each eligible taxing unit, we have calculated the number of votes for your entity. The enclosed list will provide you with that information. The first step in the procedure is the nomination of candidates. Each voting unit may nominate one candidate for each of the five positions to be filled. You are not required to make any nomination or you may nominate any number up to five. The County Tax Assessor/Collector is a member of the Board of Directors by law. In order to be eligible to serve as directors, the 2007 nominees must have resided in the Tarrant Appraisal District for at least two years prior to January 1, 2008. They may serve on the governing body of a taxing unit in the Tarrant Appraisal District and still be eligible to serve as a Director. However, an employee of a taxing unit is prohibited from serving as a Director unless that employee is also an elected official of the governing body. A Director may not be related to a person who is in the business of appraising property for property tax purposes or represents property owners in proceedings in the appraisal district or who is employed by the appraisal district. A person is ineligible to serve as a director if he, or a business in which he has a substantial interest, enters into a contract with the appraisal district or enters into a contract with a taxing unit in the district, if that contract relates to the performance of an activity governed by Title I of the Texas Property Tax Code (for example, appraising property for tax purposes or determining eligibility for exemptions). A substantial interest exists where the person and spouse have a combined ownership of at least 10% of the voting stock or shares of a business, or c • Letter to Taxing Units Election of Board of Directors September 10, 2007 Page 2 either of them is a partner, limited partner or an officer. If you have questions concerning the qualifications of nominees for a Board position, please call the undersigned. The nominations for Directors, which must be made in an open meeting of your taxing unit, should be submitted by the presiding officer to the Chief Appraiser in the form of a resolution adopted by the governing body by October 14, 2007, giving the names and addresses of the nominees. A current resume or vita is also helpful. The appointment calendar is as follows: By October 14, 2007 Nominations by resolution By October 29, 2007 Ballots listing nominees delivered to Presiding Officer By December 14, 2007 Entity submits votes by resolution to Chief Appraiser By December 31, 2007 Five (5) nominees receiving largest cumulative vote totals are elected January 1, 2008 Board takes office for two year term The duties of the Board are outlined in Chapter 6, Texas Property Tax Code. If you have any questions, do not hesitate to call the undersigned. Sincerely, hn R. Marshall Executive Director Chief Appraiser JRM:mm Encl. Board of Directors Tarrant Appraisal District 2006 - 2007 Joe Potthoff, Chairman John Clanton, Secretary John Eubanks, Member John Molyneaux, Member Harold Patterson, Member Betsy Price, Non-Voting Member TARRANT APPRAISAL DISTRICT 2007 CALCULATION OF TAXING ENTITY VOTES FOR BOARD OF DIRECTORS Per Section 8.03 (d) of Texas Property Tax Code Based on September, 2006 Taxes Imposed and Par HB 1010 2006 TAXES X OF 2007 TAXING ENTITY IMPOSED TOTS/ LL VOTES SCHOOLS: Aledo = 789,998 0.02933X 1 Arlington S 304,980,771 12.08699X 604 Azle S 15,393,465 0.61007X 31 Birdvllle = 103,158,882 4.08838X 204 Burleson i 11,491,333 0~45542X 23 Carroll ; 77,953,222 3.08944X 154 Castleberry S 8,498,781 0.25756X 13 Crowley = 84,304,237 2.54850X 127 Eagle Mountain/Saginaw S 75,850,619 3.OOB11X 150 Everrnan S 11,772,973 0.48859X 23 Fort Worth i 326,348,538 12.93376% 847 Godley i 372,334 0.01478X 1 Gnpevlne/Collayvllle S 141,857,888 5.81418X 281 HurstlEulessBedford i 123,652,809 4.90060X 245 Keller s 135,079,250 5.35346X 288 Kannedals = 14,104,290 O.S5898X 28 Lake Worth i 10,807,740 0.42833X 21 Lewisville S 1,298,470 0.05138•.6 3 Mansfleld i 111,369,605 4.41380X 221 Northwest s 49,179,822 1.94909X 97 Whits Settlement ; 19,975,580 0.79167X 40 ~ TOTAL SCHOOLS = 1,805,988,263 63.84840X ~ 3,182 CITIES: Arlington s 108,708,584 4.30834X 215 Azle ; 3,718,284 0.14728X 7 Bedford S 12,937,508 0.51274X 28 Benbrook S 8,413,927 0.33346•ti 17 Blue Mound ; 422,578 0.01675•/. 1 Burleson S 2,499,215 0.09905X 5 Colleyviile i 10,724,534 0.42503X 21 Crowley i 3,115,725 0.12348X 8 DahNOrthington Gardens ; 718,858 0.02849X 1 EdgscllHVlilage i 499,828 0.01981X 1 Euless L 12,040,187 0.47718X 24 Everman S 1,221,405 0.04841X 2 Flower Mound S 359,270 0.01424X 1 Forest Hill S 3,568,413 0.14142X 7 Fort Worth i 288,372,278 11.42878•,6 571 Grand Prairie S 25,584,967 1.01319K 51 Grapevine i 19,093,428 0.75671•~L 38 Haltom City i 8,715,610 0,34542X 17 Haslet i 1,264,449 0.05011X 3 Hurst S 11,430,820 0.45302X 23 Keller S 13,852,850 0.54902X 27 Kennedale = 2,828,220 0.11201X 8 Lakeside S 255,182 0.01011X 1 lake Worth S 1,125,207 0.04459•ti 2 Mansfield i 23,986,984 0.94988X 47 North Richland Hills i 22,875,187 0.90859X 45 Pantago S 893,992 0.03543X 2 Pelican Bay S 224,484 0.00890X 0 Reno ; 21,853 0,00087X 0 Richland Hills = 1,827,882 0.07244X 4 River Oaks i 1,703,911 0.067539L 3 Roanoke i 192,118 0.00761X 0 Saginaw S 5,081,835 0.20140X 10 Sansom Park i 488,241 0.0193SX 1 Southlake ; 19,803,697 0.7769396 39 Trophy Club S 290,317 0.01151X 1 Watauga ; 5,829,457 0.23103X 12 Westover Hills i 1,395,424 0.05530X 3 Westworth Village = 438,850 0.01737X 1 White Settlement i 3,287,417 0.13029•b 7 TOTAL CITIES S 629,568,088 24.95102X 1,248 OTHER: Tarrant County S 287,681,072 11.40058X 570 TOTAL OTHER i 287,881,072 1 TOTAL ALL i 2,523,215,403 100X 5,000 ~'exas I'raperty Tax Code 2006 Edition Pace 14 of 24 Added by 1989 Tex. Laws, p. 4630, ch. t 12:3, Sec. 4; 1989 "fex. laws (6th C.S..}, p. 90, ch. 12, Sec. 2. Sec. 6.04. Orlrtniuaton, Meetings, and Compensation. (a) ~ majority of the appraisal district. board of directors constitutes a quorum. At its first meeting each calendar year, the baard shall elect from its members a chairman and a secretary. (b) The baard may meet at any time at the call of the chairman or as provided by board rule, but may not meet less often than once each calendar quarter. (cj Members of the board may not receive compensation.. for service on the baard but are entitled to reimbursement far actual and necessazy expenses incurred in the performance of their duties as provided by the budget adopted by the board. (d) "I'he baard shall develop and implement policies that provide the public with reasonable opportunity to appear before the baard to speak on any issue under the jurisdiction of the baard. Reasonable time sha(1 be provided during each baard meeting fore public comment on appraisal. district and appraisal review baard policies and procedures, and a report from the taxpayer liaison officer if one is required by Section 6.052. te) The board shall prepare and maintain a written plan that describes how a person who does not speak English or who has a physical, mental, or developmental disability may be provided reasonable access to the board. {f) "fhe board shall prepare information of public interest. describing the functions of the board and the board's procedures by which complaints are tiled with and resolved by the board. "The board shall make the infor-natiozz available to the public az7d the appropriate taxing jurisdictions. (g) if a written complaint is filed with khe board that the board has authority to resolve, the board, at least quarterly and until final disposition of the complaint, shall notify the parties to the complaint of the status of the complaint unless notice would jeopardize an undercover investigation. Amended by 1983 'Tex. Laws, p. f 160, ch. 2G2, Sec. I; amended by 1989 Tex, laws, p. 3593, ch, 796, Sec. 6. Notes: Linder the provisions of "1'ax Code Sections G.03{a) and 6.04(a}, an assessor-collector who is a nonvoting member of an appraisal district board is counted in determining the presence of a quorum. Such individual may in turn serve as chairnan or secretary of the board. An appraisal district board may determine by rule whether to permit the assessor-collector to make and second motions. Attorney General Opinion DM-160 {1992) is overruled to the extent that it conflicts with this conchrsion. Op, Tex. Att'y Gen. No. JC-0580 (2002}. Sec. 6,05. Appraisal Office. (a) Except. as authorized by Subsection. (b) of this section, each appraisal district shall establish an appraisal office. The appraisal office must. be located in the county for which the district is established. An appraisal district may establish branch appraisal offices outside the cottnty for which the district is established. (b) "I'he board of directors of an appraisal district may contract with an appraisal office in another district ar with a taxing unit in the district to perform the duties of the appraisal office for the district. (c) 'I"he chief appraiser is the chief administrator of the appraisal office. The chief appraiser is http;/1~vw4v.~vindow.state.tx.t.zs/taxinfolproptax/tc06/chOba.htm 9!25/2007 RESOLUTION R-07-2893 A RESOLUTION NOMINATING CANDIDATES FOR THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS WHEREAS, the City of Colleyville contracts with the Tarrant Appraisal District (TAD) for setting property valuations; and WHEREAS, the City of Colleyville is entitled to nominate one candidate for each of the five positions on the Tarrant Appraisal District Board of Directors, and WHEREAS, the terms of the TAD Board of Directors expire December 31, 2007. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville nominates the following individual(s) to serve on the Tarrant Appraisal District Board of Directors: APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE ATTEST: Cynthia Singleton, TRMC, CMC City Secretary _ AYES, NAYS AND DAY 2007. CITY OF COLLEYVILLE David Kelly Mayor 4~_ ~~~ .~- ~ 100 Main Street ('~ ~ `' ~ City of Colleyville Coll 8117) 03X1000 034 ""` Agenda Briefing vwvw.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 10/02/2007 Controlling Body: City Council Requester: Office of the City Agenda No.: 9 Final Action: Secretary File Name: Reports -October 2, 2007 Attachments: Colleyville Trails and Sidewalks Committee Minutes -June 12, 2007 Senior Center Advisory Committee Minutes -August 16, 2007 Planning and Zoning Commission Minutes - September 10, 2007 History of Legislative File Version: Date: Acting Body: Action Text: 1 10/02/2007 City Council Title Colleyville Trails and Sidewalks Committee Minutes -June 12, 2007 Senior Advisory Committee Minutes -August 16, 2007 Planning and Zoning Commission Minutes -September 10, 2007 City of Colleyville Page 1 Printed on 9/27/2007 G~~Y o/ COLLEYVILLE TRAILS AND SIDEWALKS COMMITTEE `~ MEETING MINUTES -June 12, 2007 Texas CALL TO ORDER The meeting was called to order at 3:06 p.m. ROLL CALL Present: Gail Manion, Deena Dendy, Odilon Alvarado, David Klenzendorf, Jack Olsen, Nancy Jane Langford and Councilmember Liaison Tony Licata Staff Present: Jeremy Hutt, Matt McCombs, Monica Walsh and Kathy Moore APPROVAL OF MINUTES Gail Manion requested that a sentence be added to Agenda Item 1 concerning Pleasant Run Road improvements being completed before school starts. The addition .reads: However, the trail along the east side of Pleasant Run Road from Bogart Drive to the school property will not be complete before school opens. Also, a spelling correction was made. Kathy Moore gave a brief summary of the City's policy on minutes and what is required to be documented. AGENDA ITEMS 1. Update on the 2007 Projects Jeremy Hutt, gave an update for the upcoming 2007 Sidewalk Improvements. The timeline is as follows: Construction documents to be complete by June 22, 2007 and the project will be advertised on June 24 and July 1, 2007. Bids will be opened on July 10 with the award by Council scheduled for July 17. Construction is set to begin on August 1 and be completed by September 29. 2. Approval of Sidewalk Escrow Recommendations Matt McCombs reported on his meeting with staff concerning the Sidewalk Escrow Recommendations. Staff met on May 17' 2007 to discuss possible solutions to the concerns of the Committee regarding the building or escrowing of sidewalks. There were two primary options devised by the review team of: Building Inspection, Community Development, Engineering and the Street Department. Option 1: The Colleyville Trails and Sidewalks Committee will make a formal recommendation to Council requesting that sidewalks be built instead of escrowed. Once Council is apprised of the recommendation, direction can be passed to the City Manager and then to staff to alter the current practice of escrowing sidewalk fees, thus Colleyville Trails and Sidewalks Committee Minutes -June 72, 2007 requiring sidewalks to be built unless otherwise directed by Council. This method would be in compliance with the current language of the Land Development Code and would require no modification to the existing document. Option 2: Requires modifications to the Land Development Code with staff recommendations to add a separate "optional sidewalk escrow" section under 9.19 of the code. This would create a standalone section for the escrow of sidewalks. The current process is contained within a section that pertains to all public improvements. There was discussion by the Committee on both options with the Committee voting to accept Option 1 over Option 2. Jack Olsen made a motion to accept Option 1 to the Recommendations for Sidewalk Construction; David Klenzendorf seconded the motion. The vote was unanimous. Judy Atwood requested staff to check on two houses being built along Glade Road (2212 and 2400). The Trail Plan shows a trail being in these locations, but none were constructed. Were funds escrowed for these homes? 3. Discussion of Projects around Colleyville Middle School and Colleyville Elementary School City staff will be meeting next week with the Police Department and the School District to determine the crosswalk locations for the new Colleyville Elementary School. Committee discussed some of the changes they deem necessary to the sidewalk priority ranking due to the relocation of Colleyville Elementary School. Councilman Licata suggested that the Committee should send a memorandum to City Council to inform them that they had met and have reviewed sidewalk priorities, and that the Committee plans to update the five-year plan to reflect the new priorities. The Committee should also ask the Council to immediately focus on the segment of sidewalk on Pleasant Run Road, and ask them to reserve money in the FY 08-09 budget to accomplish these priorities, in the event that none of the SRTS grants come through. This will give the Council clear direction on what the Committee feels really needs to be done in the upcoming year. The Committee agreed to prioritize their top five (5) priorities. Discussion continued on the prioritization of future projects, with the Committee making the following priority recommendations: 1. Pleasant Run Road-Shelton Road to GCISD Property Line 2. Bransford Road-Oak Valley Drive to Colleyville Terrace 3. Pleasant Run Road-Tinker Road to Hardage Lane 4. Colleyville Terrace-Bransford Road to Pleasant Run Road 5. Beverly Drive-Bransford Road to Pleasant Run Road Pleasant Run Road -Hardage Lane to Cooks Lane, and Cooks Lane to Shelton Road projects will be re-prioritized to Phase 2. Councilman Licata suggested that the Committee immediately get the changes in a memorandum to City Council as updated recommendations. He also suggested that they schedule a time in Pre-Council to come Colleyville Trails and Sidewalks Committee Minutes -June 12, 2007 and talk with them before the final budget is set in August. A motion was made by David Klenzendorf to approve the priorities changes, and Jack Olsen seconded the motion. The vote was unanimous. 4. Discussion of the 2008 Projects Consideration of 2008 Projects will include the above projects near the new school, and should also consider all areas of the City. STAFF REPORTS The committee set their next meeting for Tuesday, October 9, 2007 at 3:00 p.m. CITIZEN COMMENTS/OPEN DISCUSSION Kathy Moore requested copies of any notes taken by the Committee or staff during the meeting due to problems with the recorder. Jack Olsen spoke about a trail between John McCain Road and the Cotton Belt, Trail Number 36. There is a great deal of barbed wire along the east side of the trail, he asked the Parks Department to check into it in November. There is still barbed wire along the trail and he wants to request that the contractors be while responsible to clean-up. Matt suggested that he turn it over to Code Enforcement. Councilman Licata suggested that it could also be turned over to the Eagle Scouts as a project, as long as it wasn't something the property owners wanted to keep, or possibly Keep Colleyville Beautiful Committee. Matt informed the Committee that according to City Policy Open Discussion needs to be added to the agenda as an item. In the future the Committee will add an item titled "Suggestions for Future Agenda Discussion". There were no further comments. ADJOURNMENT The meeting adjourned at 4:57 p.m. Respectfully Submitted, Kathy E. Moore Administrative Assistant Approved on: September 25, 2007 Colleyville Trails and Sidewalks Committee Minutes -June 12, 2007 Gity of ~ Il~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, August 16, 2007 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:37 p.m. on Thursday, August 16, 2007 by Connie Hampton, Chair of the Committee. ROLL CALL: Debra Minea, Patrecia Fox, Connie Hampton, Lila Coley, Jack Olsen and Councilman Mike Taylor ABSENT: Councilman Tom Hart, Jim Moore, Marion Jenkins STAFF: Monica Walsh, Director of Parks and Recreation and Renee Garrett, Recreation Specialist Call to Order and Roll Call 2. Approval of the July 19, 2007 Senior Center Advisory Committee Minutes Lila Coley made a correction on page 1 item 3, with the addition of the following paragraph: "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." Lila Coley moved to approve the minutes as amended. Debra Minea seconded the motion. The motion carried with a unanimous vote. Discussion and Consideration of Senior Center Wish List Monica Walsh, Director of Parks and Recreation, updated the status of the outside lights. Senior Center Advisory Committee August 16, 2007 Page 2 of 2 4. Discussion and Possible Future Action on Potential Changes in the Bylaws There was no discussion on potential changes in the Bylaws. 5. Discussion and Possible Future Action on Potential New Programs There was no discussion on potential new programs. 6. Discussion on Items of Interest for Potential Future Action There was no discussion on this item. 7. Reports -Staff and Committees Renee Garrett, Recreation Specialist, gave an overview of the senior activities and programs. 8. Adjournment Debra Minea moved to adjourn at 2:08 p.m. Patrecia Fox seconded the motion. The motion carried with a unanimous vote. Respectfully submitted and approved: Wanda H. Drexel, Administrative Secretary ;s,; .,. Ci of Colle V~~~e 100 Main Street - `J 1 Colleyville, Texas 76034 (817) 503-1000 _ Minutes -Final www.colleyville.com .,-,. Planning and Zoning Commission Monday, September 10, 2007 6:15 PM City Council Chambers 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 September 10, 2007 at 7:00 p. m. 2. ROLL CALL Present: Commissioners Larry Knox, Scott Redfearn, Mary Taylor, David Phelps, Denis Duffy, Jeff Byerly Absent: Commissioner Dave Dudziak Staff Present: Chris Fuller, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the meeting minutes as written. Commissioner Taylor seconded. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 -Dudziak CityoiColleyville page ~ Printed on 9/25/2007 Planning and Zoning Commission Minutes -Final September 10, 2007 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a request for a Special Use Permit for a wedding chapel and for on-premise alcohol sales on Lot 40R1 of the Village at Colleyville Addition located at 85 Piazza Lane, Case Z-07-031 Chris Fuller presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:09 p.m. Michael Tamer, the applicant, came forward to present the case and brief the Commission. Commissioner Duffy questioned Mr. Tamer regarding what hours will the Chef work? Mr. Tamer replied the Chef will probably work five days a week, Wednesday through Sunday, depending on the events that are scheduled. Commissioner Duffy questioned Mr. Tamer regarding if the facility will be open to walk in business? Mr. Tamer replied no, it will only be opened for scheduled events. Commissioner Redfearn questioned Mr. Tamer regarding the parking spaces that will be required, about 150 spaces, and the p lan is to use the existing parking spaces that are in the Villa ge? Mr. Tamer replied yes, the parking lot on the southwest corner. Commissioner Taylor questioned Mr. Tamer regarding how much additional parking will be needed? Mr. Tamer replied not needi ng any additional spaces other than an egress from the court yard area, directly in front of the chapel. Commissioner Phelps questioned Mr. Tamer regarding the operation of the carriage and limos, will they be backed in and utilized for the departures? Mr. Tamer replied yes, the purpose of the limo or horse drawn carriage is for the departure of the bride and the groom. Mr. Tamer stated there may be a carriage staged in the garden area for the purpose of pictures. He stated the horse and the carriage will only be used if the customer wants it. He stated the garden may be opened to the public to be able to take pictures, however, it is designed to be the destination for wedding pictures. Commissioner Taylor stated that the horse drawn carriage is used almost 55% of the time at Disneyworld. Commissioner Byerly questioned Mr. Tamer regarding if the hours of City of Colleyville Page 2 Printed on 9/25/2007 Planning and Zoning Commission Minutes -Final September 10, 2007 operation for the alcohol sales is needed until 2 a.m.? Mr. Tamer replied the time frame for the alcohol sales is to allow for those who have a later wedding to not be restricted to having to clear out at or before midnight. He stated the hours allow for more flexibility and are consistent with the businesses in the area. Commissioner Duffy questioned Mr. Tamer if there will be some type of security provided? Mr. Tamer replied he would have to have security because of the number of people that could be present during an event. Mr. Tamer replied this is an attractive location for this type of business and he stated he expects to be a good neighbor. Commissioner Redfearn questioned Mr. Tamer regarding which type of services will generate tax revenue? Mr. Tamer replied they will charge fees for meals, services, rentals, furniture, video, pictures and conference materials, which will all affect the tax revenue. He stated wanting to bring people to the Village development. Commissioner Taylor questioned if there will be music playing in the courtyard? Mr. Tamer replied there may be some type of music playing in the courtyard, it would depend on the customer. Commissioner Phelps questioned staff regarding the hours of operation for alcohol sales, in this area, are there restrictions to an earlier hour? Chris Fuller replied as indicated in the agenda briefing, Indigo Grille is 10:00 p.m.; Ruggeri's is 10:00 p.m.; 62 Main is 12:00 a.m. and Glorias is 2:00 a.m. Commissioner Taylor stated for the amount of money that can be spent on a wedding, the hours of alcohol sales are reasonable. Jimmy Archie, 74 Casa Lane, came forward to speak on behalf of Realty Capital and stated the Village is in full support of this business. Commissioner Duffy thanked Mr. Archie regarding bringing new businesses to the Village. Commissioner Redfearn questioned Mr. Archie regarding what does this do to the overall parking dynamic of the Village? Mr. Archie replied it does not present a problem. He stated if there were more parking spaces needed, there are some lots that can be made into parking lots or a second level could be added to the current parking lot to the southwest of the development. Jim Gilbert, 2900 Eagles Nest Drive, builder in the Village, spoke in favor of the request. Cify of Colleyville pays 3 Printed on 9/25/2007 Planning and Zoning Commission Minutes -Final September 10, 2007 There being no one wishing to speak, the public hearing was closed at 7:28 p. m. Mr. Tamer came forward and stated he has good intentions to build an upscale business. Commissioner Phelps questioned staff if there are two different elements that will encompass this Special Use Permit request? Chris Fuller replied this is a Special Use Permit request that will encompass all of the uses proposed. Commissioner Phelps moved to approve case Z-07-031. Commissioner Taylor seconded. Commissioner Duffy stated wanting staff to repeat that if the wedding chapel goes away that the SUP for alcohol goes away as well. Chris Fuller restated the draft ordinance, the Special Use Permit shall automatically expire upon the abandonment of the busines s, change in use or upon the expiration or termination of the Certificate of Occupancy for the wedding chapel. H e stated the reception facility or catering use could continue. Commissioner Redfearn stated the hours of operation in section 4 of the proposed ordinance are only provided in accordance with the acceptable uses noted in section 2a and 2b of the draft ordinance. City Attorney Kallas replied the only uses allowed would be the only ones allowed to operate. Commissioner Byerly stated the draft ordinance states that the horse would be limited to the wedding chapel property. Chris Fuller concurred and stated it may require a revised site plan. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 - Dudziak 8. TABLED AGENDA ITEMS 8a Approval of a request for a zoning change from R20-Single Family Residential to PUDC-Planned Unit Development Commercial on 0.5 acres on Tract 4A01A, Abstract 936 of the Joseph M. Looney Survey located at 1100 Glade Road, Case Z-07-029 Commissioner Knox moved to remove this item from the table. Commissioner Phelps seconded. The motion carried by the following vote: City of Colleyville pays q Printed on 9/25/2007 Planning and Zoning Commission Minutes -Final September 10, 2007 Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 - Dudziak Chris Fuller presented the case and briefed the Commission. Ben Thompson, the applicant, came forward to present the update and brief the Commission. Commissioner Redfearn questioned Mr. Thompson regarding what is specifically different between this site plan and the one that was previously submitted? Mr. Thompson replied the access on Oak Timbers was removed and have provided one entrance and exit off of Glade Road. Commissioner Duffy stated understanding the Glade Road entrance, however, he stated that is a dangerous location. He stated the loop around the building could exit off of Oak Timbers. He stated he could not support the exit and entrance from Glade Road. Mr. Thompson stated there is not enough of a turn radius for the entrance on Oak Timbers. Commissioner Duffy stated the angles could be adjusted to accommodate the entrance and exit from Oak Timbers. Mr. Thompson stated staff did not support the entrance or exit on Oak Timbers. Commissioner Knox questioned Mr. Thompson regarding what is the distance from the new entry point to the intersection? Mr. Thompson replied about 120 feet. Commissioner Phelps questioned Fire Marshal McKeown regarding if the northwest entrance would have to be 24 feet wide as well? Marshal McKeown replied yes. Commissioner Phelps questioned Marshal McKeown if he saw any issues with regards to the turning radius? Marshal McKeown replied not liking to have to back out of the property, however, they would be able to access the property from that point. Discussion occurred between Mr. Thompson and the Commission regarding the location of the entrance and exit on Oak Timbers Court. Commissioner Duffy stated with only five cars on the site, at one time, there is no such thing as a traffic jam. Commissioner Phelps suggested making the driveway on Oak Timbers wider than the 24 feet to make it easier to access the property. Commissioner Taylor suggested removing the Glade Road entrance and using the money that would have been spent for that entrance to double the width of the Oak Timbers driveway. City of Colleyville Page 5 Printed on 9/25/2007 Planning and Zoning Commission Minutes -Final September 10, 2007 Mr. Thompson stated he wanted what ever is necessary to make the engineering design so that he may complete his project. Chris Fuller stated the removal of the driveway at the driveway approach on Glade Road and the addition of a driveway on Oak Timbers Court is in compliance or near compliance with the code would garner staff support. He stated staff was looking for compliance, not approval or disapproval. He stated as proposed, staff would support it. Commissioner Byerly questioned staff regarding if the entrance on Glade Road was approved in the draft ordinance because it is in compliance? Chris Fuller replied at the time of the original submittal, the Oak Timbers driveway was much closer to the intersection, which staff did not support. He stated staff would support the Oak Timbers driveway as near to what is being proposed at this meeting. Commissioner Byerly questioned staff regarding if staff would support the driveway placement to be behind the existing structure? Chris Fuller replied it should be close enough. Commissioner Knox questioned engineering staff regarding their input for the driveway placement? Mr. Hutt replied the existing driveway is in compliance so if the entrance is located at the existing driveway or further north, then it would still be in compliance. Commissioner Phelps questioned Mr. Hutt if the driveway placement takes into consideration the future expansion of Glade Road? Mr. Hutt replied 10 feet would be lost by expanding Glade Road, therefore placing the driveway further north would help the compliance of the driveway placement. Discussion occurred between the Commission and Mr. Thompson regarding more recommendations for driveway placement. Commissioner Phelps stated the property adjacent to the subject property will also require cross access, in the future, that may help with this project and will help to gain access from Glade Road. Mr. Thompson stated he would like a favorable approval as he has worked with the Engineering department and staff for compliance with the placement of the driveway. Commissioner Knox questioned Engineering staff regarding how far out of compliance is this from the center of Oak Timbers to the center of this proposed driveway on Glade Road? Mr. Hutt replied the code requires about 180 or 185 feet, but not sure. He stated the frontage of the City of Colleyville Page 6 Printed on 9/25/2007 Planning and Zoning Commission Minutes -Final September 10, 2007 property is about 114, so it is significantly less. Commissioner Taylor stated there being so much discussion because of the fear for the safety of the citizens coming on and off of Glade Road. Mrs. Thompson stated being in shock that Glade Road was not going to be an option for their entrance. Mr. Thompson discussed with Mr. Hutt and stated the current proposal would not be in compliance. Mr. Hutt replied he would not be able to draw the driveway at this point, however, he would need to see a revised drawing. Commissioner Byerly moved to approve case Z-07-029 per staffs draft ordinance with no entrance off of Glade Road and that an entrance on Oak Timbers be at or north of the current entrance. Commissioner Duffy seconded. Commissioner Duffy suggested that the applicant get with staff regarding the Oak Timbers entrance and placement. Commissioner Byerly stated if the parking has to be moved to the back of the property to make the placement of the entrance work, the applicant may make those changes and the motion would remain the same. City Attorney Kallas stated an amended site plan would need to be submitted before going to City Council that would comply with these recommendations. He stated if no substantial changes are made, the site plan will not have to have to come back to the Commission. The motion carried by the following vote: Aye: 6 -Knox, Redfearn, Taylor, Phelps, Duffy, Byerly Absent: 1 - Dudziak 9. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS Chris Fuller reminded the Commissioners of the workshop to be held on Wednesday, September 12, 2007 at 6:30 p.m. on the first floor of the Library. 10. 11. COMMISSIONERS' COMMENTS AND REPORTS None ADJOURNMENT The meeting adjourned at 8:12 p.m. City of Colleyville pays 7 Printed on 9/25/2007 Planning and Zoning Commission Minutes -Final September 10, 2007 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, September 7, 2007 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on September 24, 2007. City of Colleyville Page 8 Printed on 9/25/2007 RESOLUTION R-07-2894 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF OCTOBER 2, 2007 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2007. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor