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City Council-Agenda Packets-1/15/2008
,,,~ ~„ L,: ;:~._, City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, January 15, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the Monthly Financial Report -December 2007 PC-2 Discussion of City participation in the America In Bloom (AIB) Program PC-3 Discussion of appointing an ad hoc citizen committee to evaluate development of a commuter facility in conjunction with the Cotton Belt Commuter Rail Line PC-4 Discussion of the date and time for canvassing the results of the May 10, 2008 General Election PC-5 Update and discussion of SH26 improvements with funding evaluation of various statewide highway construction projects by Texas Department of Transportation (TxDOT) PC-6 Discussion of the January 15, 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 8~ Butane v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville City of Colleyville Page 1 Printed on 1/11/2008 City Council Agenda January 15, 2008 Sec. 551.071 - Legal -Discussion of pending or contemplated litigation -Claim 607 Frontier Court Sec. 551.071 - Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding transportation initiatives Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former City Hall at 5400 Bransford Road 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: Pastor Dave Jung, Crown of Life Lutheran 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-08-2931 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation Recognizing Bob Willie, for 16 years of service as a School Crossing Guard -Pam Robinson, daughter of Mr. Willie -Police Chief Tommy Ingram and Lieutenant Rodney Cunningham City of Colleyville Page 2 Prinfed on 1/11/2008 City Council Agenda January 15, 2008 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2932 4a Approval of the minutes of the regular City Council meeting held on January 8, 2008 4b Approval of the minutes of the Joint City Council and Planning and Zoning Commission meeting held on December 19, 2007 4c Approval of an Interlocal Agreement with Tarrant County for the Street Overlay Program, and authorize the City Manager to execute the agreement 4d Approval of the Colleyville Trails and Sidewalks Committee recommendations for the Fiscal Year 2007-2008 (FY 2007-08) sidewalk construction 4e Approval of a construction contract with McClendon Construction Company, Inc., for the Church Street Realignment Project-Phase II, in the amount of $1,018,867.30, and authorize the City Manager to execute the contract 4f Approval of a Professional Services Agreement with Teague, Nall and Perkins, Inc., for the Central Fire Station Traffic Signal, in the amount of $28,600.00, and authorize the City Manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1653 Approval of a request for a zoning change from PUDR-Planned Unit Development Residential and R40-Single Family Residential to R20-Single Family Residential of 2.8 acres on Lot 1, Block 1 of the Burbank Addition located at 200 Black Drive, Case Z-07-035 5b 0-08-1654 Approval of a request for an amendment to a Special Use Permit for an accessory building on Tracts 1A01 D, 1A5 and 1 B04 of Abstract 1182 of the W.C. Newton Survey and Tract 1 B04 of Abstract 356 of the Isaac Carodine Survey located at 816 W. L.D. Lockett Road, Case Z-07-036 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1655 Approval of an amendment to Chapter 10-Private Streets and Entrance Gates of the Land Development Code, Case G-08-002 City of Colleyville Page 3 Printed on 1/11/2008 City Council Agenda January 15, 2008 6b 0-08-1656 Approval of an amendment to Chapter 3-Land Use, Section 3.24-Schedule of Permitted Uses of the Land Development Code, Case G-08-004 6c 0-08-1657 Approval of an amendment to Chapter 7, Section 7-155 of the Land Development Code regarding landmark signs, Case G-08-005 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: Senior Center Advisory Committee Minutes -October 18, 2007 Senior Center Advisory Committee Minutes -November 15, 2007 Parks and Recreation Advisory Board Minutes -December 3, 2007 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 15, 2008 -Reading and Public Hearing -Resolution R-08-2933 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday January 11, 2008, by 5:0 m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 1/11/2008 ,, 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 File Type: Pre Council Agenda Date: 01/15/2008 Status: Pre Council Controlling Body: City Council Requester: Finance Department Agenda No.: PC-1 Final Action: File Name: Presentation of the Monthly Financial Report -December 2007 Attachments: December 2007 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 01/15/2008 City Council Title Presentation of the Monthly Financial Report -December 2007 Explanation General Fund The percentage of current year taxes collected is slightly behind that of December 2006. Sales tax revenue received in December was up $24,847 which is 16.26% over the amount received in December 2006. Twenty-seven residential building permits were issued in December, as compared to eleven issued in December 2006. Municipal Court revenues are down from FY 2007 due to the implementation of the warrant collection program in early FY 2007 when a large number of old warrants were collected. The average amount expended by the departments at the end of December 2007 is 19.9%. Utility Fund Water usage decreased slightly as compared to the amount sold through December 2006. The average amount expended by the Utility Fund at the end of December 2007 is 24.4%. City of Colleyville Page 1 Printed on 1/9/2008 MONTHLY FINANCIAL REPORT -DECEMBER 2007 GENERAL FUND FY 2008 REVENUE SOURCE BUDGET Current Taxes $8,860,357 Delinquent Taxes 50,000 Penalty & Interest 55,000 TOTAL AD VALOREM TAXES $8,965,357 TXU Electric Tri-County Electric TXU Gas Southwestern Bell Verizon/Others Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits TOTAL LICENSES & PERMITS Fines Alarms Permit Fees Library Fines TOTAL FINES $910, 000 104, 000 280,000 114,000 59,500 115,000 165,000 $1,747,500 $2,452,394 100,000 $2,552,394 $917, 929 124,994 57,108 97,703 56,802 167,332 3, 079 2, 000 7,015 7,359 15,000 $1,456,321 $725,000 38,000 26,100 $789,100 RECEIVED AS OF 12/31 /2007 $3,412,387 24, 313 5,983 $3,442,683 $0 0 0 31, 764 8, 915 28,472 51,890 $121,041 $177,652 22,905 ' $200,557 $192, 557 20,714 13, 296 18,157 14,270 29,641 430 151 1,765 1,075 3,450 $295,506 $163,619 6,200 6,021 $175, 840 PROJECTED AS OF 12/31/2007 $3,402,37 19, 00 6, 00 $3,427,37 $0 0 0 28,500 14,875 23,958 41, 250 $108,583 $154, 826 23,263 $178,089 $229,482 31, 249 14,277 24,426 14, 201 41,833 770 500 1,754 1, 840 3,750 $364,080 $181,250 4, 000 6,525 $191,775 RECEIVED AS OF 12/31 /2006 $3,626,628 22,757 5,261 $3,654,646 $0 0 0 29, 508 13, 930 22, 876 40,238 $106,552 $152,805 23,263 $176, 068 $172,723 21, 845 14, 026 16,156 13, 060 29,452 329 103 2,000 2,250 4,550 $276, 494 $180, 702 3, 550 5, 737 $189, 989 PERCENT CHANGE -5.91 6.84% 13.72% -5.80% 0.00% 0.00% 0.00% 7.65% -36.00% 24.46% 28.96% 13.60% 16.26% -1.54% 13.9'1 °fo 11.48% -5.18% -5.20% 12.39% 9.26% 0.64% 30.70% 46.60% -11.75% -52.22% -24.18% 6.88% -9.45% 74.65% 4.95% 7.45% MONTHLY FINANCIAL REPORT -DECEMBER 2007 REVENUE SOURCE FY 2008 Re-zoning Plat Fee/Site Plan Board of Adjustment Sale of Material Weed Mowing Animal Impoundment Ambulance Recreation Program Non-Resident Fee Parks Field Use Charge Engineering & Inspection Chgs & Reimbursements Colleyville Center Rental Library Building Rental Lot Drainage Insp Fee TOTAL CHARGES FOR SERVICE DARE Officer Reimb TOTAL INTERGOVERNMENTAL Sale of Surplus Property Interest Income Miscellaneous Use of Available Cash Celebrate Colleyville Revenue Antenna Lease TOTAL MISCELLANEOUS Transfer from Utility Fd TOTAL TRANSFERS BUDGET $12,500 21,000 2,000 2,500 6, 000 3, 200 242,000 148,524 24,500 16,450 80, 000 2, 000 214,000 75 31,225 $805,974 $85,516 $85,516. $17,000 382,500 55, 000 180,290 0 63,475 $698,265 $716,934 $716,934 RECEIVED AS OF 12/31 /2007 $3,615 7,807 625 1,014 1, 730 1,210 64, 895 15,700 12,030 7,715 65,861 2,955 63,200 0 6,725 $255,082 $0 $a $0 35,690 3,906 0 0 28, 012 $67,608 $0 $0 PROJECTED AS OF 12/31/2007 $3,12 5,25 50 62 1,50 80 60, 50 12, 00 12,25 8, 22 20, 00 50 53, 50 1 7, 80 $186,60 $0 $0 $0 5,255 4,750 0 0 8,125 $18,130 $0 $0 RECEIVED AS OF PERCENT 12/31/2006 CHANGE $4,095 -11.72% 6,953 12.28% 750 -16.67% 186 445.16% 1,018 69.94% 1,135 6.61% 65,504 -0.93% 14,922 5.21% 8,620 39.56% 8,030 -3.92% 0 100.00% 0 100.00% 58,509 8.02% 0 0.00% 5,000 34.50% $174, 722. 45.99% $0 0.00% $0 0.00°fo $0 0.00% 8,974 297.70% 24,138 -83.82% 0 0.00% 500 -100.00% 11, 032 153.92% $44,644 51,44%° $0 0.00% $0 0.00% TOTAL GENERAL FUND REVENUES $17,817,361 $4,558,317 $4,173,382 $4,623,1'15 -1.40% MONTHLY FINANCIAL REPORT -DECEMBER 2007 FY 2008 THROUGH THROUGH BUDGET 12/31/2007 12/31/2006 OF CURRENT TAX ROLL COLLECTED 99.0% 58.39% 59.23% RESIDENTIAL BLDG PERMITS 245 46 31 COMMERCIAL BLDG PERMITS 10 5 11 PLUMBING/MECHANICAL PERMITS 900 351 285 ELECTRICAL PERMITS 400 128 77 CITATIONS ISSUED 9,700 2,679 2,473 CITATIONS APPEALED 270 162 160 TOTAL INCREASE (DECREASE) -0.84% 15 (6) 66 51 206 2 PERCENT INCREASE (DECREASE) -1.42% 48.39% 100.00% 23.16% 66.23% 8.33% 1.25% GENERAL FUND EXPENSES City Council and Secretary City Manager Finance Legal Engineering Economic Development Building Inspection Community Development Fire Police Parks Recreation Streets & Drainage Library Communications Colleyville Center Human Resources Municipal Court Fleet Maintenance Building Services Information Services Capital Equipment Reserve Transfer to Art Fund Performance Pay TOTAL EXPENSES EXPENDED YEAR-TO-DATE FY 2008 THROUGH PROJECTED BUDGET 12/31/2007 EXPENDITURES $577,897 $75,111 $75,620' 604, 923 124,115 124, 0891, 469,129 98,089 102,757 106,823 20,045 17,804! 551,249 116,709 117,234', 161,924 37,122 38,194 412,404 88,732 90,175 282,071 60,543 60,393 3,512,912 863,439 868,630 4,049,272 956,930 951,873 1,511,351 264,966 264,335 326,958 58,837 59,384 1,974,850 199,397 231,107 677 , 620 136, 404 136, 527 212,221 68,848 69,050 480,283 71,567 72,070 234,419 47,079 47,190 241,121 51,572 51,502 195,202 45,244 45,176 256,950 78,410 79,151 370,522 81,798 82,143 135,000 0 0 15,000 0 0 454,630 0 0 $17,814,731 $3,544,957 $3,584,405 EXPENDED 25% OF THE YEAR COMPLETED 13.0% 20.5% 20.9% 18.8% 21.2% 22.9% 21.5% 21.5% 24.6% 23.6% 17.5% 18.0% 10.1% 20.1 32.4% 14.9% 20.1 21.4% 23.2% 30.5% 22.1 0.0% 0.0% 0.0% 19.9% BUDGET. REMAINING $502,786 480,808 371,040 86,778 434,540 124,802 323,672 221, 528 2,649,473 3, 092, 342 1, 246, 385 268,121 1,775,453 541,216 143,373 408,716 187,340 189, 549 149,958 178,540 288,724 135,000 15,000 454,630 $14,269,774 MONTHLY FINANCIAL REPORT -DECEMBER 2007 UTfLITY FUND RECEIVED PROJECTED RECEIVED FY 2008 AS OF AS OF AS OF PERCENT REVENUE SOURCE BUDGET 12/31/2007 12/31/2007 12/31/2006 CHRNGE Water Sales $7,232,910 $1,827,471 $1,799,186 $1,852,869 -1.37% Sewer Sales 2,188,056 563,538 547,014 485,917 15.97% Sewer Installation 22,900 8,700 5,725 4,900 77.55% Water Installation 48,000 11,910 12,000 11,800 0.93% Sewer Tie-on Charges 5,000 1,500 1,250 4,892 -69.34% Engineering Charges 35,000 22,530 8,750 0 100.00% Penalties 158,342 56,984 39,586 49,643 14.79% Miscellaneous 13,000 3,627 3,250 17,791 -79.61% TOTAL OPERATING INCOME $9,703,208 $2,496,260 $2,416,761 $2,427,812 2.82% Interest Income $245,000 $58,191 $55,000 $17,102 240.26% Use of Available Cash 337,000 0 0 0 0.00% TOTAL NON-OPERATING INCOME $582,000 $58,191 $55,000 $17,102 24.26% TOTAL INCOME $10,285,208 I $2,554,451 I $2,471,761 I $2,444,914 I 4:48% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 12/31/2007 12/31/2006 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 558,902,900 572,726,500 (13,823,600) -2.41% NUMBER OF WATER CUSTOMERS 8,760 8,593 167 1.94% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2008 THROUGH PROJECTED 25% OF THE BUDGET BUDGET 12/31/2007 EXPENSES YEAR COMPLETED REMAINING Administration $208,211 $48,326 $26,398 23.2% $159,885 Billing 590,033 98,103 61,697 16.6% 491,930 Operations 7,511,273 1,542,740 785,304 20.5% 5,968,533 Debt Service 972,260 771,586 771,586 79.4% 200,674 Merit Adjustment 77,217 0 0 0.0% 77,217 Transfer to Art Fund 15,000 0 0 0.0% 15,000 Transfer to General Fund 716,395 0 0 0.0% 716,395 TOTAL EXPENSES $10,090,389 $2,460,755 $1,644,985 24.4% $7,629,634 ` ' ' 100 Main Street ~= ~ City of Colleyville Colleyville, Texas 76034 ~~~~ ~'~'~ ~'~~~"' (817) 503-1000 ;~~~~~~ Agenda Briefing `M""'.c°Ileyvi"e.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 01 /15/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-2 Final Action: Manager File Name: Discussion of City participation in the America In Bloom (AIB) Program Attachments: History of legislative File Version: Date: Acting Body: Action Text: 01/15/2008 City Council Title Discussion of City participation in the America In Bloom (AIB) Program Explanation In November 2007, the City participated in the National League of Cities conference by hosting a booth designed to share the Workforce Development Sustainability Program. During this conference, staff interacted with the America in Bloom (AIB) exhibitor. AIB is an organization dedicated to promoting nationwide beautification programs and community involvement through the use of flowers, plants, trees, and other environmental and lifestyle enhancements. AIB promotes beautification and community involvement through friendly competition between participating communities across the country. Participants in this program have experienced increased civic pride and community involvement, increased cooperation among organizations, businesses and citizens and municipal government, increased economic development and a positive impact on the retail industry of their city. The program requires citizen involvement dedicated to improving the community through beautification and environmental enhancements. The City already has several committees or groups working toward this effort such as Historical Preservation Committee, Parks and Recreation Advisory Board, NeighborWoods and Sidewalks and Trails Committee to name a few, along with neighborhood Homeowner Associations (HOA's) and civic organizations such as the Garden Club and Keep Colleyville Beautiful. This program encourages the networking of the community and working together to enhance the overall beauty and environment of the City. City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing Continued 1. Judges for the program will visit the City in April 2008 and will judge the City based on efforts in management, planning, maintenance, improvement and innovation of the following eight category areas: 2. Tidiness of green spaces, medians, streets, sidewalks, curbs, weeds, litter, graffiti, vandalism and general maintenance of hardscape areas. 3. Community involvement in projects for the betterment and enjoyment of the entire community, AIB committee, horticulture/garden clubs, recreational programs and volunteer involvement in long and short-term projects. 4. Urban forestry including written policies, by-laws and regulations, new tree plantings, urban tree program and preservation of heritage trees and woodlots. 5. Floral displays including arrangement, originality, distribution, location, flower beds, carpet bedding, containers, baskets, good use and integration of annuals, perennials, bulbs and ornamental grasses. 6. Heritage efforts including archives, history books, interpretative programs, preservation and restoration of buildings, homes, cemeteries, parks, and historical advisory committee work. 7. Landscaped areas which consider overall design and suitability for location and use, good use of design principles, tasteful integration of hardscapes, lighting, art elements and utilizing high standards of maintenance. 8. Environmental efforts such as hazardous waste collection, recycling, composting, integrated pest management, water conservation, naturalization, air quality issues, clean up activities and environmentally friendly transportation. 9. Turf and ground cover areas including quality of turf, good management practices, mowing and fertilization program, irrigation, sport fields and athletic parks and other active and passive recreation areas. Staff will work with various committee and civic leaders to identify what current programs and future projects meet the AIB criteria for inclusion in the award application. For example, the City currently has a master plan for trails and sidewalks; master plan for park development, NeighborWoods and staff is currently evaluating potential green initiatives. The community provides the Keep Colleyville Beautiful program which the City and Chamber participates in. Identifying and establishing workplans that address each of the eight categories mentioned above, utilizing community involvement, encouraging volunteer efforts, attracting business partners and communicating efforts through the media are all necessary for a successful program. By participation in this program the City receives positive media contact, enhances community collaboration, and additional recognition and competition with other cities of our size on a national level. The City is invited to attend the National Educational Symposium and Award Ceremony and if selected as a winner, receives a trophy and is showcased as an America In Bloom City. Participation in the program requires minimum funding allocation. A registration fee by population, approximately $900 and housing and transportation for judges during their two to three day stay in the area along with staff time and volunteer community efforts. City of Colleyville Page 2 Printed on 1/11/2008 Agenda Briefing Continued This initiative aligns with City Council's strategic vision of being a model City with attention to being an efficient and attractive neighborhood-oriented community sensitive to its history, resources and residents. Additionally, the AIB program compliments several City Council workplan initiatives such as enhancing the promotion and preservation of natural resources, environmental awareness, community involvement and communication and outreach with citizens. City of Colleyville Page 3 Printed on 1/11/2008 ' 100 Main Street Ci of Colle ville ,,,: .y~, ,, ..Y~ ~ y Colleyville, Texas 76034 (817) 503-1000 ~~~ Agenda Briefing www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Office of the City Manager Agenda Date: 01 /15/2008 Agenda No.: PC-3 Controlling Body: City Council Final Action: 01/08/2008 File Name: Discussion of appointing an ad hoc citizen committee to evaluate development of a commuter facility in conjunction with the Cotton Belt Commuter Rail Line Attachments: Draft Resolution Establishing Citizen Committee for Commuter Rail Study.pdf Letter of request to be included dated December 27, 2007.pdf History of Legislative File Version: Date: Acting Body: Action Text: 01/08/2008 City Council 01/15/2008 City Council Title Discussion of appointing an ad hoc citizen committee to evaluate development of a commuter facility in conjunction with the Cotton Belt Commuter Rail Line Explanation This item was scheduled for the January 8, 2008 Pre Council meeting however, there was not adequate time to allow for discussion. At the December 18, 2007 Pre Council meeting, Council requested the Mayor submit a letter of interest to the Fort Worth Transit Authority (The T), requesting the City of Colleyville be included in the environmental assessment for possible commuter rail facilities. City Council also expressed a strong desire to include acommunity-based element to on-going deliberations regarding commuter rail service and the overall impact it may have on the City and citizens. In support of this public engagement approach, City Council may appoint a citizen based committee charged with engaging the general public through a series of mediums. This item is provided as an opportunity for discussion and consideration of the establishment of an ad hoc citizen's advisory committee to evaluate the potential development of a commuter facility in conjunction with the Cotton Belt Commuter Rail Line and the impact this type of facility might have to the community. Consideration of this item may include the committee structure, scope, purpose and timeline for completion and recommendations to City Council. The number of individuals serving on the committee is less critical than the credibility and City of Colleyville Page 1 Prinfed on 1/11/2008 Agenda Briefing Continued background of the members. However, it is suggested the committee have seven to thirteen (7-13) voting members. In considering committee membership, the City Council may want to consider members with a broad background related to the issue. To achieve this, it is recommended the City Council consider the following as appropriate background profiles for membership: Banking/Finance, Former Elected Official, Business, Citizen, HOA Representative, General Street Contractor, Civil Engineering, Planning and Zoning Commissioner, Developer/Broker and Urban Planning/Public Administration. Considering the success of the 2006 Street CIP Citizens Planning Committee, a similar committee is proposed for appointing a Cotton Belt Commuter Rail Committee: • the Chairperson from three standing committees o Planning & Zoning Commission o SH26 Advisory Committee o Traffic Safety Committee • seven citizen appointments individually selected by the Mayor and City Councilmembers for immediate appointment • the remaining three appointees would be nominated by the Mayor and/or City Councilmembers, but voted on by all seven members In support of the committee's work, three additional representatives may be appointed. While not having a vote, these members would participate in the committee discussions. • Colleyville Trails and Sidewalks Committee Chair • Colleyville Area Chamber of Commerce Representative • Fort Worth Transit Authority Representative As part of the overall discussion, the City Council will need to begin a discussion on how the report will be used and an action plan/calendar for implementation. Following the submittal of the report, staff recommends the City Council engage in a series of community meetings and other avenues to ascertain the interests of the public in formalizing a corresponding financing plan as appropriate. City of Colleyville Page 2 Printed on 1/11/2008 RESOLUTION R-08-XXXX A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COLELYVILLE, TEXAS ESTABLISHING AND APPOINTING AN AD HOC COMMUTER RAIL STUDY COMMITTEE, IDENTIFYING THE GOALS OF THE COMMITTEE, ESTABLISHING A DATE FOR THE REPORT SUBMITTAL, AND DECLARING AN EFFECTIVE DATE WHEREAS, the City Council wishes to establish an ad hoc committee to study the viability of a commuter rail facility and identify possible funding; and WHEREAS, the City Council desires the ad hoc committee to consist of a broad representation of citizens from all areas of the community. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT an ad hoc Commuter Rail Committee is formed. The Committee will be composed of seven (7) to thirteen (13) members appointed by the City Council in addition to three (3) non-voting advisory members. Committee members shall be residents of the City of Colleyville. The following citizens are appointed: (Insert Committee Appointment Names) Sec. 2. THAT is appointed as temporary Chair to convene the first meeting at which time a permanent Chair is to be selected by the Committee members Sec. 3. THAT the City Manager and or his designee shall provide administrative support services to the ad hoc Commuter Rail Study Committee Sec. 4. THAT the Committee shall use its best efforts to issue a final report to the City Council by January 2009. Upon issuance of the final report, the work of the committee will be completed and the terms of the Committee members will be concluded. Sec. 5. THAT the Committee responsibilities will include, but not be limited to the: 1. Promotion of the active involvement of the general citizenry through the use of, but not limited to, focus groups, town hall meetings and surveys. 2. Review of possible commuter rail facility locations in conjunction with work by the Fort Worth Transportation Authority (The T). 3. Evaluation of environmental assessment data collected by The T. Resolution R-08-XXXX Page 2 of 2 Sec. 4. Evaluation of need for sound walls, quiet zones, quad gating and other enhancements in conjunction with the development of the Fort Worth to Grapevine commuter rail line. Sec. 5. THAT the Committee will have as its purpose, a recommendation of possibly funding a commuter rail line facility by allocation of available cash, debt financing and or the creation of new transportation related funding sources provided by the State of Texas. Sec. 6. THAT this resolution is in effect immediately from and after its adoption. AND IT IS SO RESOLVED PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor GitY of Texas DAVID KELLY MAYOR December 27, 2007 THE CITY OF COLLEYVILtt TEXAS Mr. Richard L. Ruddell President/Executive Director Fort Worth Transportation Authority 1600 E. Lancaster Avenue Fort Worth, Texas 76102-6720 Dear Dick: This correspondence serves as written notification that the City of Colleyville wishes to be a participating agency in the Southwest-to-Northeast Rail Corridor Environmental Impact Statement (EIS). As you are aware, Colleyville is very interested in this process and committed to the project. Colleyville staff has notified the Fort Worth Transportation Authority Director of Planning Curvie Hawkins, of two possible sites for consideration as a commuter rail stop. Ms. Kelly Cooper, Assistant City Manager, will be Colleyville's contact person and will work in concert with all City departments to provide you with the input needed to carry out your mission and keep our elected officials and citizens informed. We are excited about this project and the possible study conclusions. Should you have questions or need additional information, please contact Kelly Cooper at 817.503.1115 or via email: cooperk@ci.colleyville.tx.us. Staff will contact you in the near future to discuss dates and times to meet with your consultants to begin the process for Colleyville. Sincerely, David Kelly Mayor Cc: Bill Lindley, City Manager ;/~olleyville City Council Curvie Hawkins, Director of Planning, Fort Worth Transportation Authority 100 MAIN STREET COLLEYVILLE, TX 76034 817.503.1140 FAX 817.503.1139 !.'2m~r ,~'_ 100 Main Street ~~ ~-- ~ City of Colleyville Coll 8117) 503X1000 034 ~.~ ,,~ ~~~~~- Agenda Briefing www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Office of the City Secretary Agenda Date: 01/15/2008 Agenda No.: PC-4 Controlling Body: City Council Final Action: File Name: Discussion of the date and time for canvassing the results of the May 10, 2008 General Election Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 01/15/2008 City Council Title Discussion of the date and time for canvassing the results of the May 10, 2008 General Election Explanation This item is provided as an opportunity for the Mayor (presiding officer) to receive input from the City Council for determining the canvass date and time. The City Council may call a General Election to be held May 10, 2008, for the purpose of electing Councilmembers to Place 3 and Place 4. Staff will propose to enter into an agreement with Tarrant County to conduct the May 10, 2008 General Election. The results of the election are not official until the results are canvassed by the City Council during a public hearing, which must be posted 72 hours in advance. In accordance with the Texas Election Code, Section 67.003, each local canvassing authority shall convene to conduct the local canvass at the time set by the canvassing authority's presiding officer...and, Section 67.004, two members of the authority constitute a quorum for the purpose of canvassing an election. In accordance with the Texas Election Code, Section 67.003, the results must be canvassed not earlier than three days after the election (May 13) and not later than eleven days after the election (May 21). However, the canvass may not be conducted until the Ballot Board has verified and counted all provisional ballots and counted all timely received ballots cast from addresses outside the United States. Tarrant County will convene the Ballot Board on May 16, 2008, to count the provisional ballots and those cast from outside the United States. Therefore, the possible dates for the canvass are May 19, 20, or 21, 2008, and the meeting time may be set during the daytime or evening hours. City of Colleyville Page 1 Printed on 1/10/2008 Agenda Briefing Continued On the basis that a City Council meeting will be held May 21, 2008, and the City Charter, Section 3.01 states, "Regular terms of office shall commence at the beginning of the first regular meeting of the Council following the election as provided in Article 4, staff proposes the canvass to be conducted as the first order of business at the beginning of the regular May 21, 2008, City Council meeting. Therefore, the format of the meeting would be as follows: • Call to Order • Invocation • Pledge of Allegiance • Reading and Public Hearing -Canvassing the results of the General Election for Place 3 and Place 4, held May 10, 2008 • Oath of Office • Reception for Councilmembers • Election of Mayor Pro Tem The meeting would continue according to the regular agenda items. City of Colleyville Page 2 Printed on 1/10/2008 January 16, 2008 Michael Morris Via Email and Director of Transportation Regular Mail North Central Texas Council of Governments P.O. Box 5888 Arlington, Texas 76005-5888 Re: SH26 Construction (TxDOT Control Number: 036301114) Dear Mr. Morris: No one wants to stop a project as regionally important as SH26 -especially when we are all so close to seeing it come to fruition. Utilites..are ready to begin,... clearing in less than 180 days while construction is scheduled to begin in only fifteen months. '~~Yet, we are astonished to see SH26 possibly slipping away. We look to the Regional Transportation Commission (RTC) continuing its commitment to funding this state project as .part of its regional mobility plan. The funding environment created by a federal funding recall and the Texas Department of Transportation's (TxDOT's) internal funding requirements has created an exciting challenge for the RTC to address at its scheduled January 24 'meeting. While considering how to continue the host of regional transportation initiatives, it `is important to remember SH26 (Colleyville Boulevard) plays an integral role in the regional strategy to address mobility and air quality initiatives laid out by the RTC. It is appropriate that the RTC to continue the full and complete implementation of Colleyville Boulevard by keeping it on a 2009 schedule. The project design is 90% complete with approximately 80% of ROW already being acquired, or in process. Utility companies are funded and scheduled to begin utility clearing by July 2008. Additionally, all participating parties involved with the construction of Colleyville Boulevard are ready and committed to meeting the 2009 start date. .Most important, the public and political will is as ever strong in seeing the project completed in 2012..: In continuing this important regional mobility project, the RTC must allocate approximately an additional $11 million of funding to its current $30 million funding to meet the current bid letting commitment of spring 2009. In support, the Colleyville TIF District will continue to provide $4.8 million on or before spring 2009. This is in addition to a companion $200,000 of TIF funding for secondary intersection improvements identified in support of Colleyville Boulevard. Supplementing, the City has identified approximately $3 million of funding for local betterments toward landscaping and hardscaping improvements for the project. Respecting the challenges before the RTC, we do not come to you with just a plea in continuing the project given your funding challenges. We do however; present for your consideration an option which we can discuss more fully over the coming weeks. Option -Adjust limits of construction The RTC continue allocation of its current approximate $30 million for the project for a bid letting of spring 2009. Limits of construction and planned improvements be modified with a starting point at Pool Road, continuing south until all funds are expended. City staff estimates that given current construction costs, the southern limit is in the vicinity of Centerpark Drive. TxDOT would provide an overlay/stripping rehabilitation for the remaining section of highway. Supplementing, the City has identified. approximately $3 million of funding for local betterments toward landscaping and hardscaping improvements for the project. ROW acquisition and design beyond the revised southern limits would be deferred as part of the Hurst-North Richland Hills project. Respecting the reduction in limits of construction, the Colleyville TIF District commitment of $4.8 million would be released by TxDOT :based on the change of the original scope of work. Correspondingly, the $200,000 Colleyville TIF bistrict funding for secondary intersection improvements identified in support of Colleyville Boulevard would similarly be released by TxDOT. This option: allows a focus by' the RTC in funding other regional projects with allocation of the $11 million additionally needed for Colleyville Boulevard. Approaching nearly ten years ago, the City submitted to the RTC for: improvements of Colleyville Boulevard from its current four lane undivided rural section to a six lane divided urban section. The original spring 2003 construction letting. date has been substantially delayed with the support and advocacy by Colleyville allowing TxDOT to expand environmental and ROW-design work for the full corridorfrom IH820 north to SH114. The impact of this delay is unmet traffic congestion, inflation. eating away at .original cost 'estimates, rising ROW costs from commercial development along the corridor and developers deferring projects in part to concerns of the viability of the project. Limits of construction for Colleyville Boulevard were strategically identified by the RTC in support for a regional perspective to addressing regional mobility issues. Working in partnership, Precinct Line Road and SH26 will effectively service our sub-regional easterly and westerly traffic searching for access to SH114. Eliminating or deferring either construction project only exacerbates traffic mobility issues forcing more traffic onto the remaining corridor than adequately planned. The result is more congestion, reduced air quality, decreased traffic safety and increased frustration by the public that our regional road system was not properly built when transportation leaders and area local governments had the opportunity. We did not make oui- proposal in 1998 without a sizeable funding support for Colleyville Boulevard. The Colleyville TIF District partners allocated approximately $4.8 million to the project. An additional $200,000 for the Tinker and Sanders road intersections was allocated by our TIF partners for the project. Adding to this is $5 million for City utility relocation, supported by an additional approximately $3 million for landscape and hardscape betterments. The City Council is now considering funding approximately $500,000 for upgrades of utility pole fixtures to enhance the visual appearance of the corridor. Of course, all this pales in comparison to the tens of millions of dollars being spent toward TxDOT engineering-ROW and engineering costs incurred by the various utilities. Aside from Colleyville Boulevard, you are aware that traffic mobility continues to be an important focus for Colleyville. A snap shot of our work includes: ^ Under design and construction o $2.8 million improvement for Glade Road (Heritage Road west to Martin Parkway) o $2.8 million improvement for Church Street (SH26 west to Pleasant Run Road) o $1.1 million for Bogart Road (SH26 west to Pleasant Run Road) o $2.1 million for Heritage Road (Cheek Sparger Road ..north to Glade Road) ^ Increased annual street budget from $150,000 in FY2001 to $1,000,000 for FY2008 ^ Tarrant County funding of $1,325,300 for street and intersection enhancements as part of its 2006 bond package ^ City Council currently developing a $12 million internally funded street CIP including $2,427,700 for intersection enhancements ^ Participating with the Fort Worth Transit Authority in considering location of a Colleyville commuter rail facility ^ Submittal to the RTC in a recent call for.. projects for $15 million for road and intersection improvements ^ Request to the RTC to initiate a mobility study for .means to effectively identify and address varying lane management options for east-west traffic Citizens of Colleyville and the multitude of motorists in northeast Tarrant County appreciate the focus and support by all in continuing planned improvements for Colleyville Boulevard for 2009. Too much work has already been accomplished for the project now to be cancelled. It is critical the RTC allocate additional monies to meet TxDOT's 2009 construction schedule. In the alternative, reduce a small portion'of the scope of the project to continue construction funding. As always, on behalf of the citizens of Colleyville, .our City Council appreciates the dedicated work and focus by you and members.. of the.. RTC in continuing Colleyville Boulevard for construction in 2009. The ribbon. cutting for this important corridor will be an exciting moment for all of us in 2012! Sincerely, David Kelly Mayor <. r ,,,~ `.. 100 Main Street .,~,.~.,vz City of Colleyville Colleyville, Texas 76034 (817) 503-1000 ' '`` Agenda Briefing www.colleyville.com File Number: Version: 1 Requester: Office of the City Manager File Type: Pre Council Agenda Date: 01 /15/2008 Agenda No.: PC-5 Status: Pre Council Controlling Body: City Council Final Action: File Name: Update and discussion of SH26 improvements with funding evaluation of various statewide highway construction projects by Texas Department of Transportation (TxDOT) Attachments: Draft Letter to RTC -Alternative Funding Options.pdf Project Status and Time Line SH26 History of Legislative File Version: Date: Acting Body: Action Text: 01/15/2008 City Council Title Update and discussion of SH26 improvements with funding evaluation of various statewide highway construction projects by Texas Department of Transportation (TxDOT) Explanation This item is provided as an opportunity for follow up discussion concerning the status of SH26 improvements. In support of City Council discussion, staff has prepared a draft letter to the Regional Transportation Council (RTC) outlining a series of financial options for their consideration. The information below was provided in the December 18, 2008 Pre Council briefing. The following information was provided to staff and Staff was advised all transportation projects, outside of those currently under construction, are being placed on hold indefinitely. Apparently the 2008 budget falls far short of its needs: in both right-of-way (ROW) and engineering. As an example, $40 million is needed for ROW acquisition in the Fort Worth District in 2008 however, less than $20 million was funded. The implications of the current status of work by TxDOT include: ^ Engineering design and ROW acquisition for SH26 has been put on indefinite hold ^ Questionable future funding by TxDOT and the Regional Transportation Council (RTC) for projects previously approved or currently under review As a result of these two factors, the preliminary Colleyville Street Capital Improvement Program (CIP) is recommended to be placed on hold pending final resolution by TxDOT of City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing Continued their overall funding issues. It is staffs understanding TxDOT's dramatic actions may include: funding recalled by the DOT at the federal level, the Texas Legislature using $100 million for school bus acquisition and repayment for transportation related bonds interest. Initially, staff understood SH26 fell outside the statewide freeze given its ROW acquisition, design status and funding sources -this proved incorrect. Staff now understands TxDOT has pulled all its consultants from work with the project. As an example, a regularly scheduled quarterly meeting with TxDOT and the private utilities was abruptly cancelled last week the day of the meeting. If acquisition resumes on this project, it is anticipated TxDOT will finish acquisition on the Colleyville and Grapevine sections. The parcels located in Hurst and North Richland Hills appear to be in jeopardy of being resumed in the foreseeable future. The issue was first raised to Colleyville by County Commissioner Fickes when his office learned of the TxDOT decision to suspend projects. The Commissioner has been in contact with local and state transportation officials urging TxDOT to develop alternative funding options. In support of local projects, State Representative Truitt is proactively working with TxDOT staff (locally and state) to identify viable alternatives to resume construction plans for projects within the District. In particular for SH26, the Representative has been in contact with City staff to provide assistance and keep Colleyville apprised of her work efforts. TxDOT staff (Austin) did not follow up with her request to be advised if there would be any impact to projects within the District. Serving as a key member of the legislature, the Representative will be a strong voice in TxDOT identifying viable funding to continue SH26 improvements. TxDOT design provides for expanding the corridor from a four lane undivided section to an urbanized six lane highway with controlled medians. The $35 million project is planned to be supplemented with a $5 million Colleyville Tax Increment Financing (TIF) contribution. The City is planning the relocation of utilities costing approximately $5 million, in addition to approximately $3 million for soft and hard landscaping. City of Colleyville Page 2 Printed on 1/11/2008 January 16, 2008 Michael Morris Director of Transportation North Central Texas Council of Governments P.O. Box 5888 Arlington, Texas 76005-5888 Re: SH26 Construction (TxDOT Control Number: 036301114) Dear Mr. Morris: No one wants to stop a project as regionally important as SH26 -especially when we are all so close to seeing it come to fruition. Utilities;, are ready to begin clearing in less than 180 days. Construction is scheduled to begin in only fifteen months. Yet; I am astonished to see SH26 possibly slipping away. We look to the Regioriat Transportation C©mmission (RTC) continuing its commitment to funding this state project as, part of'its regional mobility plan. The funding environment created, by a federat'funding recall and the Texas Department of Transportation's (TxDOT's) internal> funding regr~irements has created an exciting challenge for the RTC to address at i~s.scheduled>January 24 r~~eting. While considering how to continue the host of regional transpor ation initiatives, it is important to remember SH26 (Colleyville Boulevard) plays an Integra("° role Iin thte _regional. strategy to address mobility and air quality initiatives laid ©~at';by;the RTC: It seems rational for the RTC to certtinue the full and complete implementation of Colleyville Boulevard by keeping it on x,2009 schedule, based in part, on a couple of points. First, project design is 90°~ complete with approximately 80% of ROW already being acquired, or in process. Second, the .u~il~ty companies :ire funded and scheduled to begin utility clearing by July 2008. Lastly, the public and political;will is ever strong in seeing the project completed. Respecting the challenges before the RTC, we do not come to you with just a plea in continuing the project given your funding challenges. We do however; present a strategy of options (in descending order) for'"your consideration which we can discuss more fully over the coming weeks. Option 1 -Continue Collevville Boulevard The RTC allocate approximately an additional $11 million of funding to its current $30 million funding to meet the current bid letting commitment of spring 2009. In support, the Colleyville TIF District will continue to provide $4.8 million on or before spring 2009. This is in addition to a companion $200,000 of TIF funding for secondary intersection improvements identified in support of Colleyville Boulevard. Supplementing, the City has identified approximately $3 million of funding for local betterments toward landscaping and hardscaping improvements for the project. Limits of construction and planned improvements remain the same. Option 2 -Adjust limits of construction The RTC continue allocation of its current approximate $30 million for the project for a bid letting of spring 2009. Limits of construction and planned improvements be modified with a starting point at Pool Road, continuing south until all funds ateexpended. City staff estimates that given current construction costs, the southern' limit' is in the vicinity of Centerpark Drive. TxDOT would provide an overlay/stripping;>rhabilitation for the remaining section of highway. Supplementing, the City has identi~'ed approximately $3 million of funding for local betterments toward landscaping and `fardscaptn~ ;improvements for the project. ROW acquisition and design beyond the reir~~~;d southern lirt~ts would be deferred as part of the Hurst-North Richland Hills project. Respecting the reduction in limits of construction,; the Colleyville TIF District commitment of $4.8 million would be released by TxDOT based Vin. the efiar~ge of the original scope of work. Correspondingly, the $200,000 ColleyvilfeI~ District funding for secondary intersection improvements identified in support of Colj;ille Boulevard would similarly be released by TxDOT. This option allows a focus by the RTC in funding other regional projects with allocation of the $11 million additionally needed for<Cc~ leyville Boulevard. Option 3 -Provide intersection improvements The RTC reduce its current approximate $30 million' of=#unding to adequately fund for only key intersection improvements for a bid letting of spring.2009. For planning purposes, the RTC may use approximate{y_$3.5 million per intersection. Locations would include the intersections of Co leyville Boulevard at John McCain, Hall Johnson, Glade and Cheek Sparger roads. TxDOT would provide an overlay/stripping rehabilitation for the remaining section of highway. Supplementing,_the approximately $3 million identified by the City for funding. for local betterments toward landscaping and hardscaping improvements would be adjusted proportiortally. Respecting the reduct~~n in limits of construction, the Colleyville TIF District commitment of $4.8 million would be re('eased by TxDOT based on the change of the original scope of work. Correspondingly, ''.the $200,000 Colleyville TIF District funding for secondary intersection improvements. identified in support of Colleyville Boulevard would similarly be released by TxDOT. This option allows a focus by the RTC in funding other regional projects with allocation of the $11 million additionally needed for Colleyville Boulevard. Option 4 - Adjust limits of construction for bridge replacement The RTC reduce its current approximate $30 million of funding to adequately fund for improvements for construction from Pool Road south to John McCain Road (for replacing the bridge at Big Bear Creek) meeting a Spring 2009 bid letting. Supplementing this modified scope of work, TxDOT would replace additionally the bridge located at Little Bear Creek. An alternative funding source may be achievable by TxDOT based on a rescoping of work for bridge replacement at the two creek crossings. Our staff estimates this reduced scope of construction would be approximately $17.2 million. This consideration is made in support of bridge replacement and meeting area cities regional planning for extension of the Cotton Belt Trail development and meeting TxDOT identification of need to replace the bridges. Respecting the reduction in limits of construction, the Colleyville TIF District commitment of $4.8 million would be released by TxDOT based on the change of the original scope of work. Correspondingly, the $200,000 Colleyville TIF District funding for secondary intersection improvements identified in support of Colleyville Boulevard would similarly be released by the TxDOT. This option allows a focus by the RTC ri:: funding other regional projects with allocation of the $11 million additionally needed fc~r' Colleyville Boulevard. Option 5 -Continue design and ROW acquisition Including work identified in Option 4, the RTC reduce its current approximate $30 million funding to adequately fund for only completing the design-and acquisition of ROW of the current construction limits. Additionally, TxDOT ;fund a'' milling/overlay rehabilitation from Pool Road south to Norwood Drive (City of Hurst). The overlay componerrt'is estimated by staff to cost approximately $3.9 million and funded by rdu#ine TxDOT road maintenance programming. Respecting the cancelation of the highway expans,Qn, the Colleyville TIF District commitment of $4.8 million would k~e released by TxDOT .based on the change of the original scope of work. Correspondingly,'the $200,000 Colleyville TIF District funding for secondary intersection improvements t~ientified in support of Colleyville Boulevard would similarly be released by TxDOT. This ttiption a'Ilows a focus by the RTC in funding other regional projects with allocation of the ' $11 ' 'million' adi~tionally needed for Colleyville Boulevard. Approaching nearly terl years ago, tfe City submitted to the RTC for improvements of Colleyville Boulevard from its current four lane undivided rural'section to a six lane divided urban section. The original spring 2003 COnstruGtiorl lettan.~ date has been substantially delayed with the support and.,~dv~a~acy„by Colleyville allowrng ~'~c:C~`OT to expand environmental and ROW design work for the' full corrrd4r from IH£~2Q north to SH114. The impact of this delay is unmet traffic congestion, inflation eattn,g await at original cost estimates, ROW costs spiraling from comrri~roiaa development along the dorridor and developers deferring projects in part to concerns of-the viability of the''project. ' Limits of construction for Co#leyville Boulevard were strategically identified by the RTC in support for a regional perspective to addressing regional mobility issues. Working in partnership, Precinct Line ;load and SH26 will effectively service our sub-regional easterly and westerly traffic search€ng for access to SH114. Eliminating or deferring either construction project only exacerbates traffic mobility issues forcing more traffic onto the remaining corridor than adequately planned. The result is more congestion, reduced air quality, decreased traffic safety and increased frustration by the public that our regional road system was not properly built when transportation leaders and area local governments had the opportunity. We did not make our proposal in 1998 without a sizeable funding support for Colleyville Boulevard. The Colleyville TIF District partners allocated approximately $4.8 million to the project. An additional $200,000 for the Tinker and Sanders road intersections was allocated by our TIF partners for the project. Adding to this is $5 million for City utility relocation, supported by an additional approximately $3 million for landscape and hardscape betterments. The City Council is now considering funding approximately $500,000 for upgrades of utility pole fixtures to enhance the visual appearance of the corridor. Of course, all this pales in comparison to the tens of millions of dollars being spent toward TxDOT engineering-ROW and engineering costs incurred by the various utilities. Aside from Colleyville Boulevard, you are aware that traffic mobility continues to be an important focus for Colleyville. A snap shot of our work includes: ^ Under design and construction o $2.8 million improvement for Glade Road (Heritage Road west to Martin Parkway) o $2.8 million improvement for Church Street (SH~S`west to Pleasant Run Road) o $1.1 million for Bogart Road (SH26 west to Pleasant Rurt Road) o $2.1 million for Heritage Road (Cheek Spaeg~f Road north tp;~ade Road) ^ Increased annual street budget from $150,QOO in ~Y2001 to $1,Ob~?;€300 for FY2008 ^ Tarrant County funding of $1,325,300 for street and intersection enhancements as part of its 2006 bond package ^ City Council currently developing a $12 million internally,, funded street'CIP including $2,427,700 for intersection enhancements ^ Participating with the Fort :Worth Transit Authority in considering location of a Colleyville commuter rail facility ^ Submittal to the RTC in a recent'. call for projects for. $15 million for road and intersection improvements ^ Request to the RTC to initiate a mobility Is€ut~y;for means to effectively identify and address varying lane management t~ptions for ee~t~w:est traffic Citizens of Colleyville and the mulfi~tude of motorists in northeast Tarrant County appreciate the focus and support by afl !in contmuirg planned improvements for Colleyville Boulevard for 2009. Too much work has already„been accomplished for he project now to be cancelled. It is critical the RTC allocate additional monies'to_rneet_TxDO~`s 2009 construction schedule. __ As always,. on behalf of the citizens of Colleyville, our City Council appreciates the dedicated work and focus by you :and members of the RTC in continuing Colleyville Boulevard for construction in 2009. The ribbon cutting for this important corridor will be an exciting moment for all of us in 2013! Sincerely, David Kelly Mayor PROJECT STATUS SH 26 From: Cheek-Sparger Road To: Brumlow /Pool Road CCSJ: 0363-01-114 ACTIVITY STATUS Public Meeting -May 15, 2002 PUBLIC INVOLVEMENT Public Hearing -November 4, 2004 Numerous presentations to civic organizations Interaction with SH 26 Citizens Advisory Committee Five (5) informational newsletters sent to community ENVIRONMENTAL FHWA issued Finding of No Significant Impact (FONSI) in June 2005 PS&E 90% PS&E complete RIGHT-OF-WAY 109 of 163 parcels are closed (67%) UTILITY RELOCATIONS Utility Coordination efforts have been ongoing for last eight (8) months LETTING September 2009 PROJECT TIMELINE SH 26 From: Cheek-Sparger Road To: Brumlow /Pool Road CCSJ: 0363-01-114 City of Colleyville committed local funds to spur initiation of the project December, 2000 Selected design consultant, initiated design July -August, 2001 TxDOT funding issues halted design October, 2001 Began preparation of environmental document January, 2002 Formed Citizens Advisory committee May, 2002 Held public meeting December, 2002 Completed 30% design August, 2003 Completed 60% design November, 2004 Held public hearing June, 2005 Received environmental clearance (FONSI) December, 2005 Completed 90% design June, 2006 Began right-of-way acquisition April, 2007 Initiated utility coordination September, 2009 Letting date ,''~^ Cit of Colle V~~~e 100 Main Street ;~~ ~ y y Colleyville, Texas 76034 ==-' +\ (817) 503-1000 ~~~~" Agenda Briefing www•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 01/15/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-6 Final Action: Secretary File Name: Discussion of the January 15, 2008, City Council regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 01/15/2008 City Council Title Discussion of the January 15, 2007, City Council regular agenda items City of Colleyville Page 1 Printed on 1/10/2008 ,~--~ ~ 100 Main Street ,~~'~; ~_ ~,-~ ~ii?~~ C qty ~f ~+0 ~ ~ eyV ~ ~ ~ e Colleyville, Texas 76034 -'__~~,~~~ (817) 503-1000 ~~~~~~- Agenda Briefing vwvw.colleyville.com File Number: Version: 1 Requester: Office of the City Secretary File Type: Executive Session Agenda Date: 01/15/2008 Agenda No.: 1 File Name: Executive Session -Legal Consultation -January 15, 2008 Attachments: History of Legislative File Final Action: Version: Date: Acting Body: Action Text: 1 01/15/2008 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. 551.071 -Legal -Discussion of pending or contemplated litigation -Claim 607 Frontier Court Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) Sec. 551.072 -Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding transportation initiatives Sec. 551.072 -Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former City Hall at 5400 Bransford Road Status: Executive Session Controlling Body: City Council City of Colleyville Page 1 Printed on 1/10/2008 Agenda Briefing Continued 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 2 Printed on 1/10/2008 RESOLUTION R-08-2931 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 15, 2008 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 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor 100 Main Street r~ ~ ~ ,~ City of Colleyville Colleyville, Texas 76034 '~.~' (817) 503-1000 ~~~~~= Agenda Briefing www•colleyville.com File Number: Version: 1 Agenda Date: 01/15/2008 Requester: Office of the City Agenda No.: 3 _ File Type: Presentation or Proclamation Secretary File Name: Presentations and Proclamations -January 15, 2008 Attachments: History of Legislative File Status: Presentations or Proclamations Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 01/15/2008 City Council Title Presentation Recognizing Bob Willie, for 16 years of service as a School Crossing Guard-Pam Robinson, daughter of Mr. Willie -Police Chief Tommy Ingram and Lt. Rodney Cunningham City of Colleyville Page 1 Printed on 1/9/2008 RESOLUTION R-08-2932 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JANUARY 15, 2008 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 January 8, 2008 b. Approval of the minutes of the Joint City Council and Planning and Zoning Commission meeting held on December 19, 2007 c. Approval of an Interlocal Agreement with Tarrant County for the Street Overlay Program, and authorize the City Manager to execute the agreement d. Approval of the Colleyville Trails and Sidewalks Committee recommendations for the Fiscal Year 2007-2008 (FY 2007-08) sidewalk construction e. Approval of a construction contract with McClendon Construction Company, Inc., for the Church Street Realignment Project-Phase II, in the amount of $1,018,867.30, and authorize the City Manager to execute the contract f. Approval of a Professional Services Agreement with Teague, Nall and Perkins, Inc., for the Central Fire Station Traffic Signal, in the amount of $28,600.00, and authorize the City Manager to execute the agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~`--.~ " °F City of Colleyville ~:"~ r ~~ City Council Minutes -Draft ,~•:,~ City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 vwuw.colleyville.com Tuesday, January 8, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 8, 2008, at 5:35 p.m. Mayor Kelly welcomed City Attorney Cathy Cunningham. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Community Development Director Chris Fuller, Community Development Coordinator Ron Ruthven, Parks and Recreation Director Monica Walsh, Senior Center Supervisor Renee Garrett, Audio Visual Technician Lawrence Gise, City Attorney Cathy Cunningham and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers was absent. PC-1 Discussion of guest bingo callers for senior citizen Meals on Wheels luncheons Councilmember Mike Taylor introduced Debbie Minea, Coordinator of Activities at the Colleyville Senior Center. Ms. Minea expressed appreciation to the City Council for support of the Senior Center facility and activities. She invited the City Council and staff to participate as a bingo caller during the Meals on Wheels luncheons held on the first and third Friday of the month at 1:00 p.m. Councilman Hendler expressed appreciation to the Meals on Wheels staff and Colleyville Senior Center volunteers for their service to the community. Councilmember Taylor extended an invitation to staff to attend the Meals on Wheels luncheons and participate in the bingo activities. PC-2 Update and discussion of the City Council Work Plan for Community Relations regarding the City of Colleyville Speaker's Bureau and Board, Commission and Committee appointment process City of Colleyville Page 1 Printed on 1/11/2008 City Council City Council Minutes -Draft January 8, 2008 PC-3 City Secretary Cynthia Singleton reviewed the City Council 2007 Work Plan for Community Relations related to providing information and services to citizens via the web site, cable channel and the Colleyville Communicator and stated staff desires to be available to the community on a personal level, and; therefore, is developing a Speaker's Bureau. Civic organizations, clubs, homeowner associations or neighborhood groups may request a department director to make a presentation beginning in April 2008. Ms. Singleton reviewed the interview process of board, commission and committee applicants and City Council determined that it is not necessary for staff to develop an applicant interview guide. Discussion of the Sign Board of Appeals recommendations regarding electronic sign regulations Community Development Coordinator Ron Ruthven outlined the sign regulations in the Land Development Code, the Sign Board of Appeals' recommendations for electronic signs and answered questions of the City Council. Ms. Dee McNosky, Sign Board of Appeals Chairman, provided an overview of the public comments during the Sign Board of Appeals meeting regarding electronic sign regulations and answered questions of the City Council There was general discussion regarding sign regulations for a commercial corridor and residential area. Mr. Lynn Bural provided information regarding sign regulations of surrounding cities and the marketing effectiveness of electronic signs. The City Council determined a future Pre Council agenda item will provide for further discussion of electronic sign regulations. PC-4 Discussion of appointing an ad hoc citizen committee to evaluate development of a commuter facility in conjunction with the Cotton Belt Commuter Rail Line There was no discussion of this item. PC-5 Discussion of the January 8, 2008, City Council regular agenda items There was no discussion of regular agenda items. City of Colleyville Page 2 Printed on 1/11/2008 City Council City Council Minutes -Draft January 8, 2008 There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:36 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on January 8, 2008, at 6:36 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Lieutenant Rodney Cunningham, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Community Development Director Chris Fuller, Community Development Coordinator Ron Ruthven, Colleyville Center Manager Lin Przybyl, Parks and Recreation Director Monica Walsh, Senior Center Supervisor Renee Garrett, Parks Superintendant Chuck Majors, Parks Supervisor Troy Crawford, Parks Maintenance Worker Mike Almy, Audio Visual Technician Lawrence Gise, City Attorney Cathy Cunningham and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers was 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/al Henderson Oil & Butane v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 - Legal -Discussion of pending or contemplated litigation -Claim 607 Frontier Court Sec. 551.071 - Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) City of Colleyville Page 3 Printed on 1/11/2008 City Council City Council Minutes -Draft January 8, 2008 Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former City Hall at 5400 Bransford Road 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 6:36 p.m. and reconvened at 7:34 p.m. INVOCATION: Deacon Rick Griego, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: City Attorney Cathy Cunningham 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2927 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly invited citizens to the citywide Open House, Thursday, January 10, 2008, 9:00 a.m. to 5:00 p.m. in recognition of 52 years of incorporation, opening two new fire stations, commemorating the 10th Anniversary of the Colleyville Center and the opening of the first phase of McPherson Park. Mayor Kelly invited citizens to the Grand Opening of the Central Fire Station and Fire Station No. 2, 5209 Colleyville Boulevard and 5212 Pool Road, respectively, Saturday, January 12, 2008, 10:00 a.m. to 2:00 p.m. Mayor Kelly announced the Grand Opening of McPherson Park, Phase I, on Saturday, January 26, 2008, and invited citizens to enjoy various activities for the children including a petting zoo and pony rides. City of Colleyville Page 4 Printed on 1/11/2008 City Council City Council Minutes -Draft January 8, 2008 Mayor Kelly encouraged citizens to participate in the Colleyville Police Citizen's Academy, beginning January 24, 2008, and to contact Officer Bill Hudgins for information. Mayor David Kelly presented a Proclamation in recognition of the 10th Anniversary of the Colleyville Center to Mr. Ed Havran, the first Chairman of the Construction Committee, Mr. Mark Johnson, current Chairman of the Colleyville Center Advisory Committee, Ginny Tigue, first Chairman of the Colleyville Center Advisory Committee and Colleyville Center Advisory Committee members Ms. Muriel Havran, Mr. Paul Vigiletti, Ms. Pat Jones and Ms. Sheryl Black. Colleyville Center Manager Lin Przybyl invited everyone to attend the Colleyville Center Open House on January 10, 2008. Mayor Kelly commended staff for maintaining a quality facility. Mayor Kelly presented plaques to Ms. Sheryl Black and Ms. Connie Hampton for service on the Parks and Recreation Advisory Board, and recognized Mr. Bob Leininger who was unable to attend. Ms. Connie Hampton expressed appreciation to the City Council for City parks and the Senior Center. Mayor Kelly presented plaques to Mr. Pete Challinor, Mr. Jerome Davis, Mr. Stanley Hall, Mr. Michael Muhm, Ms. Ret Stansberger and Mr. Jason Williams for service on the Celebrate Colleyville Steering Committee and recognized Mr. Richard Myers who was unable to attend. Mayor Kelly expressed appreciation to the Celebrate Colleyville Steering Committee members for increasing the attendance and activities of the Celebrate Colleyville event. Councilmember Wollin expressed Colleyville Steering Committee and expired to apply for openings on Committee. appreciation to the Celebrate invited the members whose terms the Celebrate Colleyville Steering Mayor Kelly presented a plaque to Ms. Deena Dendy for service on the Colleyville Trails and Sidewalks Committee. Mayor Kelly presented a plaque to Mr. Curtis Young for service on the SH26 Advisory Committee. Mayor Kelly presented plaques to Ms. Sheryl Black and Mr. Chuck Baudrau for service on the Colleyville Center Advisory Committee. City of Colleyville Page 5 Printed on 1/11/2008 City Council City Council Minutes -Draft January 8, 2008 Mayor Kelly recognized Mr. John Groce and Mr. Bill Hodges for service on the Traffic Safety Advisory Committee and Ms. Chanel Kithsiri accepted a plaque on behalf of her father, Keith Kithsiri, for service on the Traffic Safety Advisory Committee. Mayor Kelly presented the 2007 Texas Turfgrass Association's Baseball Field of the Year Award to Parks Superintendent Chuck Majors, Parks Supervisor Troy Crawford and Parks Maintenance Worker Mike Almy. Parks Superintendent Chuck Majors expressed appreciation for the award and commended Mr. Crawford and Mr. Almy for the field maintenance. Councilmember Wollin requested citizens save the date of March 3, 2008, 6:00 p.m. to 8:00 p.m. for a special celebration at the Colleyville Center. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2928 4a Approval of the minutes of the regular City Council meeting held on December 18, 2007 4b Approval of a construction change order for fire stations with Gilbane Building Company, in an amount not to exceed $85,483.00, and authorizing the City Manager to execute the change order Mayor Kelly read Resolution R-08-2928 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-08-2928. Councilmember Kelly seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers City of Colleyville Page 6 Printed on 1/11/2008 City Council City Council Minutes -Draft January 8, 2008 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Approval of amendments to the Water and Sewer Policy and Procedures Manual of the City of Colleyville relative to Fire Hydrant Meter Use Mayor Kelly read the caption of Ordinance 0-07-1650. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-07-1650. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers 5b Approval of an Ordinance supporting the Regional Transportation Council's Clean Fleet Policy Mayor Kelly read the caption of Ordinance 0-07-1651. Public Works Director Steve Chutchian provided an overview of the Regional Transportation Council Clean Fleet Policy and announced the City's purchase of three hybrid vehicles and stated the formal adoption of the Clean Fleet Vehicle Ordinance provides for the Regional Transportation Council to consider the City for funding of street, intersection and rail improvements. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-07-1651. Councilmember Wollin seconded the motion. City of Colleyville Page 7 Printed on 1/11/2008 City Council City Council Minutes -Draft January 8, 2008 The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers 5c Approval of a request to amend the zoning and development requirements of the Planned Unit Development of The Villas at Oak Pointe Addition located at Oak Pointe Drive and Colleyville Boulevard, Case Z-07-037 Mayor Kelly read the caption of Ordinance 0-07-1652. Community Development and Business Strategies Director Chris Fuller stated the applicant has submitted new information regarding a tree buffer recovery plan along the perimeter of the proposed development. Mayor Kelly opened the public hearing. Mr. Tommy Dreiling, 90 Casa Lane, provided information regarding an analysis of the tree buffer area by an arborist and a tree recovery plan and timeline. Mr. David Bagwell, P.O. Box 1672, Colleyville, Texas, spoke regarding the enforcement of the tree preservation ordinance. Mr. Ernie Capobianco, 1900 Grosvenor Lane, spoke regarding the buffer between his property and the proposed development. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-07-1652. Mayor Kelly seconded the motion. Discussion ensued regarding the process for tree preservation, restoring the tree buffer along the perimeter of the proposed development, an analysis of the tree buffer area by an arborist, review and analysis of the tree preservation ordinance and timeline for the tree buffer recovery. Mr. Dreiling stated a report outlining the plan for recovery of the tree buffer will be submitted to staff by March 1, 2008. City of Colleyville Page 8 Printed on 1/11/2008 City Council City Council Minutes -Draft January 8, 2008 The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Approval of a request for a zoning change from PUDR-Planned Unit Development Residential and R40-Single Family Residential to R20-Single Family Residential of 2.8 acres on Lot 1, Block 1 of the Burbank Addition located at 200 Black Drive, Case Z-07-035 Mayor Kelly read the caption of Ordinance 0-08-1653. Community Development and Business Strategies Director Chris Fuller provided an overview of the request for a zoning change and stated the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. Mr. Joel Lenamon, 4016 Gateway, applicant, provided information regarding the plan for development of the property. There were no others present wishing to speak and Mayor Kelly closed the public hearing. Discussion ensued regarding the current zoning of property surrounding the proposed development and the process for the proposed street abandonment. 6b Approval of a request for an amendment to a Special Use Permit for an accessory building on Tracts 1A01 D, 1A5 and 1 B04 of Abstract 1182 of the W.C. Newton Survey and Tract 1 B04 of Abstract 356 of the Isaac Carodine Survey located at 816 W. L.D. Lockett Road, Case Z-07-036 Mayor Kelly read the caption of Ordinance 0-08-1654 Community Development and Business Strategies Director Chris Fuller provided an overview of the request for an amendment to a Special Use Permit for an accessory building and stated staff recommends denial and the Planning and Zoning Commission recommended approval. Mayor Kelly opened the public hearing. City of Colleyville Page 9 Printed on 1/11/2008 City Council City Council Minutes -Draft January 8, 2008 There was no one present wishing to speak and Mayor Kelly closed the public hearing. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Approval of a request for a refund of the sidewalk escrow funds for Lots 1 and 2, Block 1 of the Braemar Addition located at 5008 and 5012 Fry Lane, Case G-08-001 Mayor Kelly read Resolution R-08-2929 in its entirety. Community Development and Business Strategies Director Chris Fuller provided an overview of the request for a refund of sidewalk escrow funds, outlined City Council's options and stated staff recommends denial of the request. Mayor Kelly opened the public hearing. Ms. Rhonda Berry, 5008 Fry Lane, applicant, provided information regarding the layout of the neighborhood and stated the homeowners maintain the road and construction of a sidewalk provides no public benefit. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. There was general discussion regarding the future development of area and the potential need and desire for sidewalks. City Manager Bill Lindley provided clarification regarding the disposition of sidewalk escrow funds and potential development of the area. Councilmember Hendler moved to deny Resolution R-08-2929. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 5 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Mike Taylor Nay: 1 -Tom Hart Absent: 1 -Jon Ayers City of Colleyville Page 10 Printed on 1/11/2008 City Council City Council Minutes -Draft January 8, 2008 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. David Bagwell, P.O. Box,. 1642, Colleyville, Texas, spoke regarding enforcement of the tree preservation ordinance. 9 REPORTS: Colleyville Trails and Sidewalks Committee Minutes -September 25, 2007 Colleyville Trails and Sidewalks Committee Worksession Minutes - October 30, 2007 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 8, 2008 -Reading and Public Hearing -Resolution R-08-2930 This resolution was not needed. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers Mayor Kelly adjourned the meeting at 9:32 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 2008. City of Colleyville Page 11 Printed on 1/11/2008 "~ `~r City of Colleyville „' `i' ~..~. ."~~ ~~ ~' Minutes -Draft <<~.,~> Joint City Council and Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyvitle.com Wednesday, December 19, 2007 5:30 PM Colleyville Public Library, 110 Main Street The Joint Worksession of the Colleyville City Council and Planning and Zoning Commission was called to order by Mayor David Kelly on December 19, 2007, at 5:41 p.m. Mayor David Kelly introduced members of the City Council and Chairman Jeff Byerly introduced members of the Planning and Zoning Commission. ROLL CALL: Councilmembers Carol Wollin, tony Licata, Rich Hendler, Mike Taylor, Mayor David Kelly, Planning and Zoning Commissioners Denis Duffy, Scott Redfearn, David Phelps, Dave Dudziak, Michael Clardy, Larry Knox and Chairman Jeff Byerly were present. City Manager Bill Lindley, Community Development and Business Strategies Director Chris Fuller, Economic Development and Business Strategies Director Chris Fuller, Economic Development Manager Scott Welmaker, Community Development Coordinator Ron Ruthven, Intern Jeremy Moore, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Other attendees included: Charles Hodges, Hodges and Associates, Darrell Lake, Realty Capital Properties Group, Inc. and Tim Keith, Buxton Councilmember Rich Hendler arrived at 6:11 p.m. 2. 3. Opening Comments Mayor Kelly welcomed everyone and introduced Mr. Charles Hodges of Hodges and Associates and Mr. Darrell Lake of Realty Capital Properties Group, Inc. Discussion of residential and commercial development trends and opportunities Mr. Tim Keith of Buxton provided an overview of residential and commercial devleopment trends and answered questions of the City Council and Planning and Zoning Commission. City of Colleyville Page 1 Printed on 1/11/2008 Joint City Council and Planning and Minutes -Draft December 19, 2007 Zoning Commission Mayor Kelly recessed the meeting at 7:16 p.m. and reconvened at 7:24 p.m. There was general discussion of redevelopment trends, concept of a district, mixed use density impact, restaurant industry trends and types of incentives. It was determined that a worksession would be scheduled to continue discussions regarding economic development initiatives related to the commercial and residential development of the community. 4. ADJOURNMENT Mayor Kelly expressed appreciation to Mr. Hodges, Mr. Lake, Mr. Keith, the Planning and Zoning Commission and staff for the information and discussion. There being no further business, Mayor Kelly adjourned the meeting at 7:54 p.m. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, NAYS AND DAY OF 2008. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 2 Printed on 1/11/2008 . ''~~ _ 100 Main Street ,~ .,~ City of Colleyville Coll 8117) 03X1000 034 ,; www.colleyville.com Agenda Brlefing File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 01/15/2008 Controlling Body: City Council Requester: Public Works Agenda No.: 4c Final Action: Department File Name: Approval of an Interlocal Agreement with Tarrant County for the Street Overlay Program, and authorize the City Manager to execute the agreement Attachments: Street Overlay Contract with Tarrant County History of Legislative File Version: Date: Acting Body: Action Text: 1 01/15/2008 City Council Title Approval of an Interlocal Agreement with Tarrant County for the Street Overlay Program, and authorize the City Manager to execute the agreement Explanation Reading and Public Hearing The City of Colleyville will be partnering with Tarrant County in Fiscal Year 2008 (FY 2008) for the rehabilitation of asphalt pavement on Saddle Brook Drive and Plantation Drive North and South. The City has previously worked with Tarrant County on multiple projects, and each project was completed at a considerable cost savings to the City. The County will provide all labor and equipment necessary to conduct the improvements and the City is responsible for the material purchase, traffic control and engineering testing. The project is scheduled to start in early Summer 2008 and be completed prior to the end of August 2008. Due to the County's commitment to perform parking lot and drive improvements at the Dallas Cowboys' football stadium during this fiscal year, the agreement includes a provision whereby only one street may be completed (Plantation Drive North and South) by the end of August 2008. Should this occur, Tarrant County will perform roadway improvements to the other street (Saddlebrook Drive) in the next fiscal year. Each roadway has extensive cracking and base failures and is in need of resurfacing. City crews will be repairing base failures and damaged concrete curbs and gutters as needed with funding available from the Street Department's operating budget. The rehabilitation will include milling and disposal of the existing top layer of asphalt, subgrade stabilization and the application of a new asphalt surface course. This cost is included in the total amount of $420,890.00 that will be paid by the City. The City's cost for City of Colleyville Page 1 Printed on 1/11/2008 Agenda Brief-np Continued the improvements on Plantation Drive is estimated at $234,190.00 and an estimated $186,700.00 on Saddlebrook Drive for a total City cost of $420,890.00 that will be paid by the City. The total value of all improvements is $721,272.00. This agreement is consistent with the City's annual street rehabilitation program and is included in the City Council work plan. This agreement with Tarrant County allows for the rehabilitation of two residential collector roadways without incurring the full cost of the project. Financial Impact It has been determined that funding is available from the Street Department Resurfacing Budget and the remaining funds will be utilized for future FY 2008 street rehabilitation projects. Recommendation Approval City of Colleyville Page 2 Printed on 1/11/2008 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT CONTRACT This Agreement made and entered into this the day of 2008, by and between the County of Tarrant, acting herein by and through its governing body the Commissioners Court, hereinafter referred to as the COUNTY, and the City of Colleyville acting herein by and through its governing body, hereinafter referred to as the CITY, both of Tarrant County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority granted by and pursuant to Chapter 791 of the Texas Government Code; and WHEREAS, the party or parties paying for the performance of governmental functions or services shall make payments therefore from current revenues available to the paying party; and, WHEREAS, the governing bodies of the two parties find that the project or undertaking is necessary for the benefit of the public and that each party has the legal authority to build or maintain the project or to provide such service, and the construction and improvement thereof is in the common interest of both parties hereto; and that the division of costs provided for constitutes adequate consideration to each party; set project being more particularly described as: • Reconstruction and an HMAC Overlay on Saddlebrook Drive from Bedford Road to Brown Trail (approximately 2,918 lf). • Reconstruction and an HMAC overlay on Plantation Drive from Bedford Road circling around to the north back to Bedford Road (approximately 5,0681f). The CITY hereby agrees that the CITY will pay for any engineering, survey, and laboratory testing necessary for these projects, and that the COUNTY will not be responsible for any payment for such services. The CITY must notify the COUNTY within thirty days of completion of this project of any complaint the CITY has with the project. For and in consideration of the mutual undertaking hereinafter set forth and for adequate consideration given, the parties agree as follows: 1. The COUNTY agrees to provide the following work for the following projects: 2. A. Saddlebrook Drive: Reclaim the existing roadbed materials, incorporate and stabilize with a cement-treated base and place a new two-inch HMAC surface. B. Plantation Drive: Reclaim the existing roadbed materials, incorporate and stabilize with a cement-treated base and place a new two-inch HMAC surface. The COUNTY agrees to provide the labor and equipment necessary for the above projects. At its sole discretion, the COUNTY may choose to complete only one street project within the term of this agreement. The CITY agrees to pay for the actual cost of the materials, including any delivery or freight costs. The CITY will provide a purchase order and will be billed directly by the material supplier. The COUNTY may accumulate and bill the CITY for incidental material cost. The CITY agrees to pay for the cost of the removal of the existing asphalt surface by a milling contractor and is responsible for the adjustment of all valves, manholes, and utilities. The CITY will coordinate and disconnect any existing traffic signal loops and will be responsible for the replacement of all signal related devices if necessary. 4. The CITY agrees it will be responsible for traffic control on these projects. This responsibility includes all signage, barricades and flagmen necessary to control traffic in and around the construction site. The COUNTY will provide temporary pavement markings where specified by the CITY. The COUNTY will be responsible for the placement of all permanent pavement markings as specified by the CITY. The CITY will provide the COUNTY with a hydrant meter and all the water necessary for the projects at no cost to the COUNTY. 6. The CITY agrees that if a Storm Water Pollution Prevention Plan (SWPPP) is required, the CITY will be responsible for the design and development of the Plan. The COUNTY will be responsible for the implementation and maintenance of the SWPPP for the duration of the project. The CITY further agrees to pay for all costs (including subcontractor materials, labor, and equipment) associated with the implementation and maintenance of the Plan. By entering into this Agreement the parties do not create any obligations express or implied other than those set forth herein and this Contract shall not create any rights in parties not signatories hereto. Nothing contained in this Agreement is intended by the parties to create a partnership or joint venture between the parties, and any implication to the contrary is hereby expressly disavowed. It is understood and agreed that this Agreement does not create a joint enterprise, nor does it appoint any party as an agent of any other party, for any purpose whatsoever. The parties to this Agreement do not intend by this Agreement that any specific third party may obtain a right by virtue of the execution or performance of this Agreement. The CITY agrees that the COUNTY is relying on the CITY for notice of when to proceed with these projects, but this Agreement does not require the COUNTY to do these projects within any particular time frame. This Agreement shall terminate automatically upon happening of any of the following events: 1. The completion of the improvement provided for herein or; 2. At the end of one (1) year from date herein, unless renewed by both parties in writing. CITY: Authorized City Official ATTEST: CITY TARRANT COUNTY: B. Glen Whitley County Judge ATTEST: COUNTY Gary Fickes County Commissioner Precinct Three Precinct Three *APPROVAL AS TO FORM: District Attorney's Office By law, the District Attorney's Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Parties should not rely on this approval, and should seek review and approval by their own respective attorneys. ,,,~ ` 100 Main Street ,, .,~ :~; City of Colleyville Colleyville, Texas 76034 (817) 503-1000 ' ~~~ Agenda Briefing www.colleyville.com File Number: Version: 1 Requester: Engineering Department File Type: Resolution Agenda Date: 01/15/2008 Agenda No.: 4d Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of the Colleyville Trails and Sidewalks Committee recommendations for the Fiscal Year 2007-2008 (FY 2007-08) sidewalk construction Attachments: Sidewalk CIP-Approved April 3, 2007 2008 Sidewalk CIP Update History of Legislative File Version: Date: Acting Body: Action Text: 01 /15/2008 City Council Title Approval of the Colleyville Trails and Sidewalks Committee recommendations for the Fiscal Year 2007-2008 (FY 2007-08) sidewalk construction Explanation Reading and Public Hearing The Trails, Pathways and Sidewalks Five Year Capital Improvement Program (CIP) provides an annual schedule for sidewalk funding and construction. In April 2007, the plan was revised for Fiscal Year 2006-2007 (FY 2006-07) to reflect the committee's focus on providing sidewalk improvements in the vicinity of the new elementary school on Pleasant Run Road. At the December 11, 2007 meeting of the Colleyville Trails and Sidewalks Committee, members voted to recommend changes to the current FY 2007-08 schedule of sidewalk improvement projects. The current list of proposed improvements for FY 2007-08 includes the following: • Glade Road at Behrens Court • Glade Road at the intersection of Stafford Drive and Bluebonnet Drive • Glade Road, Duke Tract at Riverwalk Drive The revised list of sidewalk projects for FY 2007-08 that would be constructed with the current budgeted allocation of $50,000 consists of the following improvements: • Beverly Drive (South Side) from Pleasant Run Road to Leta Lane for a distance of 550 feet • Shelton Drive (South Side) starting at Pleasant Run Road to approximately 285 feet west City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing Confinued • Brown Trail (South Side) 200 feet east of Walgreens • Kingswood Lane (South Side) from Riverwalk Drive approximately 70 feet east • Tinker (North Side) from Pleasant Run Road to Emerald Drive The Committee realizes that the above list of proposed sidewalk improvements may exceed the budgeted amount of $50,000.00 for FY 2007-08. As a result, staff will list Tinker Road from Emerald Drive to Pleasant Run (north side) as an added alternate for bidding purposes as noted in the attached 2008 Sidewalk CIP Update. The Committee also determined that sidewalk improvements established for subsequent fiscal years should be re-evaluated and that additional revisions to the CIP may be recommended to City Council for consideration in the future. Financial Impact It has been determined that funds are budgeted for sidewalk construction, in the amount of $50,000.00, from the Engineering operating budget, line item 001-18-6388. Recommendation Approval City of Colleyville Page 2 Printed on 1/11/2008 Sidewalk CIP Approved April 3, 2007 'Year Trail/Sidewalk Segment Description Project Cost This is a 5' sidewalk on the Pleasant Run from Beverly West side of Pleasant Run This project is approximately 24g7; Drive to Bogart Drive (West between Beverly and Bogart, 315 linear feet. $ 8 500 Side) and continuing around the corner of Beverly. This is a 4' sidewalk on the 20117 Waller Lane (West side) and West side of Waller and continuing around the North This project is approximately f t 650 li $14,500 Cooks Lane (South Side) side of Cooks to the near ee . school and cuthrou h. Pleasant Run/Shelton Drive This is a crosswalk at the 20ft'T intersection of Pleasant Run - $ 1,000 crosswalk and Shelton Drive. Tinker Road from Emerald This is a 4' sidewalk on the 2007'. Drive to Pleasant Run (North North Side of Tinker from This project is approximately $11,000 Emerald Drive to Pleasant 610 linear feet. side) Run. This is a 5' wide sidewalk on This project is approximately 2048, Glade Road at Behren's Court the south side of Glade Road 478 linear feet and will require $20,000 Sidewalk between Behren's Road and easement or right-of--way Behren's Court acquisition Glade Road at Stafford - This project is approximately `'2fln$> Bluebonnet Intersection This is a 5' wide sidewalk 200 linear feet $ 7 500 Crosswalk ' This project is approximately 2i~p$' Glade Road -Duke tract at This is a 5 wide sidewalk on 275 linear feet from Riverwalk $ 4,500 Riverwalk Drive the south side of Glade Road Dr intersection to the east _20119:: Glade Road (Hubbard Tract) This is a 5' wide sidewalk This project is approximately 275 linear feet $10,000 This project extends from 2443: Glade Road at Bedford Road This is a 5' wide sidewalk Bedford Road to the entrance to the Albertson's shopping center $ 20,000 This is a 5' wide sidewalk, This project will connect 20Q9' Hardage Cut-through approximately 1,100 linear Ponderosa with Cooks Lane feet $ 37,490 2fl,f fl Glade Road at Bluebonnet This is a 5' wide sidewalk This project is approximately (Bone Est. property) 380 linear feet $22,000 2008 Sidewalk CIP Updated Yea Trail/Sidewalk Segment Description Project Cost This is a 5' sidewalk on the ''20t3fi Beverly Drive from Pleasant Run South side of Beverly Drive This project is approximately 550 $ 21,500 Road to Leta Lane from Pleasant Run Road going linear feet. west. This is a 5' sidewalk on the 20Q11; Shelton Drive South side of Shelton Drive This project is approximately 285 $ 25,000 starting at Pleasant Run Road linear feet. going West. ' This is a 5' sidewalk on the This project is approximately 200 24E3$: Brown Trail South side of Brown Trail east linear feet $ 2,000 to the Walgreens property. This is a 5' sidewalk on 2,OQ8' Kingswood Addition Kingswood Lane on the South This project is approximately 70 $ 1,500 side from Riverwlk drive going linear feet East. Tinker Road from Emerald Drive This is a 4' sidewalk on the This project is approximately 610 500 $ 19 20E#B: t Pl t R N th id " North Side of Tinker from li f t , o easan un ( or s e) Emerald Drive to Pleasant Run. near ee . This is a 5' wide sidewalk on the This project is approximately 478 20Ef3 Glade Road at Behren's Court south side of Glade Road linear feet and will require $ 20,000 Sidewalk between Behren's Road and easement or right-of-way Behren's Court acquisition Glade Road at Stafford - This project is approximately 200 243flJ,, Bluebonnet Intersection This is a 5' wide sidewalk linear feet $ 7 500 Crosswalk ' This project is approximately 275 ~~i Glade Road -Duke tract at This is a 5 wide sidewalk on the linear feet from Riverwalk D $ 4,500 Riverwalk Drive south side of Glade Road intersection to the east 2a1~: Glade Road (Hubbard Tract) This is a 5' wide sidewalk This project is approximately 275 linear feet $ 10,000 This project extends from Bedford 2€t1'0',1 Glade Road at Bedford Road This is a 5' wide sidewalk Road to the entrance to the Albertson's shopping center $ 20,000 ~Q1:0 , Hardage Cut-through This is a 5' wide sidewalk, This project will connect . approximately 1,1001inearfeet Ponderosa with Cooks Lane $ 37,490 ~fl11 Glade Road at Bluebonnet (Bone This is a 5' wide sidewalk This project is approximately 380 Est. ro er linear feet $ 22,000 2fl1~ No Projects assigned at this time $ - "` Bid as an added alternate only ~``"''~~`~ 100 Main Street ~~~~~~r-~=~~~~~~~~ City of Colleyville Colleyville, Texas 76034 (817) 503-1000 ~~~~~~-~ Agenda Briefing www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Engineering Department Agenda Date: 01 /15/2008 Agenda No.: 4e Controlling Body: City Council Final Action: File Name: Approval of a construction contract with McClendon Construction Company, Inc., for the Church Street Realignment Project-Phase II, in the amount of $1,018,867.30, and authorize the City Manager to execute the contract Attachments: Church Street-Phase II Bid Tab History of Legislative File Version: Date: Acting Body: Action Text: 1 01/15/2008 City Council Title Approval of a construction contract with McClendon Construction Company, Inc., for the Church Street Realignment Project-Phase II, in the amount of $1,018,867.30, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The City Master Thoroughfare Plan provides for the improvement of Church Street from SH26 to Pleasant Run Road. Phase I of the project, from SH26 to west of Hidden Oaks Drive, is currently under construction and is scheduled to be completed in Spring 2008. The full length of Church Street was not constructed initially because the necessary right-of-way was not acquired at the southwest corner of Church Street and Pleasant Run Road. This right-of-way has now been acquired. Phase II will improve the western half of Church Street and include reinforced concrete paving, replacement of existing drainage structures, landscaping and a ten (10) foot wide trail, which will run through the First Baptist Church property along Pleasant Run Road. The church is currently in the process of designing improvements to the creek. This section of the trail can be deleted from the contract, if the creek improvements are not completed by the church during Phase II of construction. Staff received and opened construction bids on January 8, 2008 for the Church Street Realignment Project-Phase II. Eight bids were received, with McClendon Construction Company, Inc., having the low bid of $926,243.00. Staff recommends a contingency of 10% for a total project cost of $1,018,867.30. McClendon Construction Company, Inc., is currently working on Phase I of this project and nearing completion. McClendon City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing Continued Construction Company has met the requirements of the Church Street Realignment Project-Phase I. Financial Impact It has been determined that funding is available in the Tax Increment Financing (TIF) Funds and Service Area II Roadway Impact Fees, Wastewater Impact fees and 2001 Drainage Bonds. Recommendation Approval City of Colleyville Page 2 Printed on 1/11/2008 BID TAB Owner: City of Colleyville Engineer: Baird, Hampton & Brown, Inc. ~, Project: Church Street Realignment Phase 2 Bid Date: January 8, 2008 No. Bidder Bid Amount 1 McClendon Construction $926,243.00 2 Pipeworks Construction $950,068.00 3 JLB Contracting $990,905.25 4 Jackson Construction $1,002,527.50 5 Stabile & Winn $1,043,180.15 6 JRJ Paving $1,070,766.38 7 McMahon Contracting $1,105,234.40 8 Jeske Construction $1,141,258.50 1 \ r_r 100 Main Street ,,~.,.,£1 City of Colleyville Colleyville, Texas 76034 (817) 503-1000 ~~ ~~~~ Agenda Briefing www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Fire Department Agenda Date: 01/15/2008 Agenda No.: 4f Controlling Body: City Council Final Action: File Name: Approval of a Professional Services Agreement with Teague, Nall and Perkins, Inc., for the Central Fire Station Traffic Signal, in the amount of $28,600.00, and authorize the City Manager to execute the agreement Attachments: Professional Services Agreement History of Legislative File Version: Date: Acting Body: Action Text: 1 01/15/2008 City Council Title Approval of a Professional Services Agreement with Teague, Nall and Perkins, Inc., for the Central Fire Station Traffic Signal, in the amount of $28,600.00, and authorize the City Manager to execute the agreement Explanation Reading and Public Hearing Construction of the new Central Fire Station on Colleyville Boulevard was completed in December 2007. However, traffic signals must also be installed in both directions on the existing roadway to permit fire and paramedic vehicles to safely and quickly exit the fire station during emergency conditions. Currently, when a call is being responded to from the Central Station, emergency vehicles approach the end of the drive with lights and sirens, alerting motorists to stop before the drive entrance/exit. Upon viewing clear exit, the emergency vehicles will enter Colleyville Boulevard. The design and installation of these signals was not included in the original construction contract. Staff estimates construction and installations costs for the specialized signal to cost approximately $75,000.00. The firm of Teague, Nall and Perkins, Inc. submitted the attached Professional Services Agreement, in the amount of $28,600, to design the proposed traffic signals and provide pre-emption with the Main Street signal. In addition, the engineer will coordinate the design and pursue permitting of the signal installation with the Texas Department of Transportation (TxDOT). This firm is the design engineer to TxDOT for SH26 expansion and to the City for related utility adjustments. City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing Continued Financial Impact It has been determined that funding for the design and installation of the traffic signals is available from the Fire Station contingency budget and existing Department Operating Capital. Recommendation Approval City of Colleyville Page 2 Printed on 1/11/2008 PROFESSIONAL SERVICES AGREEMENT PROJECT NAME: Central Fire Station Traffic Signal TNP PROJECT NUMBER: COL08 CLIENT: CITY OF COLLEYVILLE ADDRESS: 100 Main Street, Colleyville, Texas 76034 The City of Colleyville, hereinafter called CITY, hereby engages Teague Nall and Perkins, Inc., hereinafter called ENGINEER, to perform professional services in connection with the installation of a traffic signal on Colleyville Boulevard (State Highway 26) to serve the new Central Fire Station, hereinafter called PROJECT. PROJECT The PROJECT is hereby defined as follows: The preparation of plans, specifications and estimate for the installation of a traffic signal on Colleyville Boulevard (State Highway 26) to serve the new Central Fire Station. 2. SERVICES A detailed scope of professional services is described in Contract Attachment'A', Itemized Scope of Services, which is made a part hereto. Basic Services shall include printing and direct costs normally associated with production of these services. Document reproduction for review purposes shall also be included as part of these services. Special Services are any service provided by the ENGINEER that is not specifically included in Basic Services as defined above or outlined in Contract Attachment `A'. 3. COMPENSATION Basic Services: The CITY agrees to pay the ENGINEER a lump sum fee for basic services in the amount of $ 28,600. Special Services: The ENGINEER will provide assistance during construction only as specifically requested by the CITY. If construction services are provided, those services will be billed on an hourly basis in accordance with standard rate schedule presented in Attachment `B', ENGINEER shall invoice CITY monthly based on approximate percentage of the services that are complete. City agrees to promptly make payment accordingly and to pay a charge of 10% per annum on all approved invoiced amounts not paid within 30 days from the date of the receipt of the invoice. 4. INSURANCE ENGINEER agrees to maintain worker's compensation insurance to cover all of its own personnel engaged in performing services for the CITY under this Agreement. ENGINEER also agrees to maintain commercial general liability insurance in an amount not less than $1,000,000 for each injury and an amount not less than $1,000,000 total per occurrence, and professional liability insurance in an amount not less than $1,000,000, including claims expenses covering claims against ENGINEER for damages resulting from bodily injury, death, property damage from accidents arising in any mannerfrom the negligent or wrongful acts or failure to act by the ENGINEER, its employees, agents and representatives in the performance of the work covered by this Agreement. The CITY shall be included as an additional insured on ENGINEER's commercial general liability insurance in the amounts set forth above, in the performance of services under this Agreement. 5. REUSE OF DOCUMENTS All documents, including Drawings and Specifications prepared by ENGINEER pursuant to this Agreement, are instruments of service in respect of the Project. They are not intended or represented to be suitable for reuse by CITY or others on extensions of the Project or on any other project. Any reuse without written verification or adaption by ENGINEER for the specific purpose intended will be at CITY's sole risk and without liability or legal exposure to ENGINEER from all claims, damages, losses, and expenses, including attorney's fees, arising out of or resulting therefrom. Any such verification or adaption will entitle ENGINEER to further compensation at rates to be agreed upon by CITY and ENGINEER. 6. OWNERSHIP OF DOCUMENTS Original documents, plans, designs and survey notes developed in connection with services performed hereunder belong to, and remain the property of the CITY, in consideration of which it is mutually agreed that the CITY will use them solely in connection with the Project, save with the express consent of the ENGINEER. The ENGINEER will retain reproducible copies of such documents for at least five (5) years and shall furnish copies to the CITY for reimbursable costs. 7. INDEMNIFICATION The ENGINEER shall indemnify and does hereby hold harmless the CITY, its agents and employees for and against all claims, damages, losses and reasonable and necessary expenses, including attorney's fees, arising out of or resulting from the negligent performance of the services on this project performed by the ENGINEER, its employees, subcontractors, agent and representatives, and others forwhom ENGINEER is legally liable. 8. TERMINATION This Agreement may be terminated without cause at any time prior to completion of ENGINEER's services by the CITY, or by the ENGINEER with cause, upon seven days written notice to the other at the address of record. Termination shall release each party from all obligations of this Agreement, except as specified above. Upon notice of termination, ENGINEER shall prepare and submit to CITY a final invoice based on percentages of completion for each phase of service and the associated fees, as specified in Paragraph 3 above. 9. COMPLETION OF WORK ENGINEER shall commence work promptly on upon receipt of written notice to proceed. A project schedule is included in Attachment `C', Project Schedule. 10. SUCCESSORS AND ASSIGNS CITY and ENGINEER each binds itself and its partners, successors, executors, administrators and assigns to the other party of this Agreement and to partners, successors, executors, administrators and assigns of each other in party in respect to all covenants of this Agreement. Neither CITY nor ENGINEER shall assign, sublet or transfer its interest in the Agreement without the written consent of the other. Nothing herein shall be construed as giving any right or benefits hereunder to anyone other than CITY and ENGINEER. 11. ENGINEER'S OPINION OF PROBABLE COST Any cost estimates provided by the ENGINEER will be on a basis of experience and judgment, but since ENGINEER has no control over market conditions or bidding procedures ENGINEER cannot warrant that bids or ultimate construction costs will not vary from the cost opinions provided. 12. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act of 1989, the CITY is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 N. Lamar, Suite 400, Austin, Texas 78752, (512) 452- 9427. 13. PROJECT LOCATION The project location is on Colleyville Boulevard (State Highway 26) in the vicinity of the new Central Fire Station which is approximately 350 feet northeast of the intersection of Colleyville Boulevard and Main Street in Colleyville, Texas. CITY OF COLLEYVILLE, TEXAS By: TEAGUE NALL AND PERKINS, INC. By: Ty Hilton, P.E. Principal Attest: Date: CITY OF COLLEYVILLE 100 Main Street Colleyville, Texas 76034 Approved As To Form: Attest: Date: TEAGUE NALL AND PERKINS, INC. 1100 Macon Street Fort Worth, Texas 76102 City Attorney ATTACHMENT A ITEMIZED SCOPE OF SERVICES Central Fire Station Traffic Signal The ENGINEER will prepare construction plans for the installation of a traffic signal on Colleyville Boulevard (State Highway 26) to serve the new Central Fire Station. The signal will be located approximately 350 feet northeast of the Main Street intersection. More specifically, the scope of engineering services will include the following tasks: 1. A topographical survey will be performed to tie in the new driveway for the fire station, as well as any other improvements in the vicinity of the proposed signal poles. 2. The ENGINEER will visit the project site and document the existing conditions with photographs. 3. The ENGINEER will determine current TxDOT criteria for Fire Station Signals and develop a preliminary signal layout based on this criteria and the initial scoping meeting held with the CITY. 4. The design will include the addition of Opticom devices for the Main Street signal and the necessary preemption and interconnect considerations between the two signalized intersections. 5. The ENGINEER will meet with the City to review the preliminary layout. 6. After incorporating changes requested by the CITY into the preliminary layout, the ENGINEER will meet with TxDOT to discuss the project. 7. Based on input received from the CITY and TxDOT, the ENGINEER will prepare preliminary design drawings for the signal installation. The plan set will be in TxDOT format and generally include the following sheets: Title Sheet, General Notes, Signal Layout, Wiring Diagram, Details, TxDOT Standards, and Traffic Control Plans. 8. The ENGINEER will submit the preliminary plans to the CITY and TxDOT for review. 9. The ENGINEER will revise the preliminary plans per CITY and TxDOT comments and prepare the final plans, specifications and estimate for letting by the CITY. 10. The ENGINEER will provide bidding assistance including, preparation of the Notice to Bidders, attendance at Pre-Bid Meeting, tabulation of bids, and recommendation of award. ATTACHMENT B TEAGUE NALLAND PERKINS, INC. Standard Rate Schedule for Reimbursable/Multiplier Contracts Effective January 1, 2007 to December 31, 2007* Engineering I Technical From - To Principal $150 - $220 Per Hour Project Manager $115 - $150 Per Hour Senior Engineer $90 - $160 Per Hour Engineer $80 - $120 Per Hour Landscape Architect /Planner $90 - $150 Per Hour Designer $85 - $110 Per Hour Senior Designer $100 - $130 Per Hour CAD Technician $60 - $85 Per Hour Senior CAD Technician $75 - $100 Per Hour IT Consultant $120 - $140 Per Hour IT Technician $70 - $100 Per Hour Clerical $50 - $70 .Per Hour Resident Project Representative $70 - $90 Per Hour Survevin Survey Office Manager $145 - $155 Registered Professional Land Surveyor $100 - $130 S.I.T. $70 - $90 Senior Survey Technician $70 - $90 Junior Survey Technician $60 - $75 2-Person Field Crew w/Equipment $100 3-Person Field Crew w/Equipment $110 4-Person Field Crew w/Equipment $135 1-Person G.P.S. Crew w/Equipment $110 2-Person G.P.S. Crew w/Equipment $130 3-Person G.P.S. Crew w/Equipment $150 1-Person Robotic Crew w/Equipment $90 2-Person Robotic Crew w/Equipment $110 Direct Cost Reimbursables Photocopies $0.10/page letter and legal size bond paper, B&W $0.20/page 11" x 17" size bond paper, B&W $2.00/page 22" x 34" and larger bond paper or vellum, B&W Plots $1.00/page 11" x 17" size bond paper, B&W $2.00/page 11" x 17" size bond paper, color $4.00/page 22"x34" and larger bond paper or vellum, B&W $6.00/page 22"x34" and larger bond paper or vellum, color $6.00/page 22"x34" and larger mylar or acetate, B&W Mileage $0.48/mile All Subcontracted and outsourced services billed at rates comparable to TNP's billing rates shown above. Rates shown are for calendar year 2007 and are subject to change in subsequent years. ATTACHMENT C PROJECT SCHEDULE Anticipated Notice to Proceed January 15, 2008 Complete Surveying /Data Collection February 1, 2008 Develop Preliminary Layout February 8, 2008 Submit Preliminary Design February 22, 2008 City / TxDOT Review (2 weeks) March 7, 2008 Submit Final Design March 14, 2008 City / TxDOT Review (1 week) March 21, 2008 Project Advertisement March 28, 2008 i to .~, i ~''~~ Clt of Colle V~~~e 100 Main Street ~~~ ' Y Y Colleyville, Texas 76034 (817) 503-1000 Agenda Briefing www.colleyville.com File Number: 0-08-1653 File Number: 0-08-1653 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 01/15/2008 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from PUDR-Planned Unit Development Residential and R40-Single Family Residential to R20-Single Family Residential of 2.8 acres on Lot 1, Block 1 of the Burbank Addition located at 200 Black Drive, Case Z-07-035 Attachments: Location and Zoning Map Notification List Zoning Exhibit Ordinance 0-08-1653 History of Legislative File Version: Date: Acting Body: Action Text: 1 12/10/2007 Planning and Zoning Commission 1 01/08/2008 City Council 1 01/15/2008 City Council Title Approval of a request fora zoning change from PUDR-Planned Unit Development Residential and R40-Single Family Residential to R20-Single Family Residential of 2.8 acres on Lot 1, Block 1 of the Burbank Addition located at 200 Black Drive, Case Z-07-035 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the January 8, 2008 meeting. First Reading and Public Hearing Joel Lenamon submitted a request to rezone 2.8 acres of land located at 200 Black Drive including a portion of Black Drive right-of-way. The applicant is requesting to rezone the property from PUDR-Planned Unit Development Residential and R40-Single Family Residential to R20-Single Family Residential. Lot Layout The R20 zoning district requires a minimum lot area of 20,000 square feet, lot width of 100 feet and lot depth of 125 feet. This site contains sufficient area to accommodate the R20 zoning district development standards for four (4) lots and a public street that meets Land Development Code requirements. The developer intends to pursue development of five (5) lots by seeking the abandonment of the westernmost portion of Black Drive, as indicated on the attached zoning exhibit. City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing Continued (0-08-1653) Street Abandonment As shown on the zoning exhibit, the developer proposes to abandon the portion of Black Drive that "dead ends" adjacent to the subject property. The abandonment process will require approval by City Council at a later date. If approved by the City Council, the developer intends to purchase the abandoned right-of-way and replat the properties to the lot configuration shown on the zoning exhibit. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. Surrounding Development Trends. The surrounding properties are single family residential. The property to the north is zoned PUDR-Planned Unit Development Residential and R40-Single Family Residential and contains single family homes; the properties to the south and west are zoned PUDR-Planned Unit Development Residential and contain single family homes, and the property to the east is zoned R40-Single Family Residential and is developed as a single family residence. Public Notification. Staff mailed notices to 24 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 correspondence regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the rezoning request at the December 10, 2007 meeting by a vote of 6-0. Summary. The proposed zoning request is compliant with the Master Plan. The proposed lots meet the R20 zoning district requirements. In the event that the portion of Black Drive proposed for abandonment is not approved by the City Council, the property could still be subdivided into four (4) lots. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 1/11/2008 Location and Zoning Map 101 105 100 1 13 1 17 121 2 1 d 4805 4802 4804 4806. 4808 4800: 3 4704 4603 4$05 4807 4702 4708 4708 470e.. 4703 4704 4701 4702 4ao~ ,7~ Pl~ 4700 4608 4701 4700 .4604 4606. 102 40~ 4604 104 106 110 112 '. ......108 101. 4813 304 4 308 ~ 312 ~ 400 508 4703 305 405 4701. 4809 4007 4505 4503 4501 4800 48.09 301 305 309 313 405 4805 Site 4803 4801 200 300 4709 R40 4707 4704 4703 zoa 204 zob zeb z m 4701 200 207 4805 9805 201 203 205~~ 4502 200 202 204 208 206.. 210 212 ~ Notification List OWNER OWNER OWNER ACCOUNT OWNER_NAME OWNER_ADDR CITY STATE ZIP 04103173 Haggard, C L 301 Glade Rd Colleyville TX 76034 06462111 Smith, Lester Jr 130 Mill Xing E Colleyville TX 76034 06462146 Savells, Patricia Ann 4809 Mill Creek Dr Colleyville TX 76034 06462480 Kilkelly, J T Etux Elizabeth 125 Mill Xing E Colleyville TX 76034 06462154 Williams, Reginald & Maryella 4807 Mill Creek Dr Colleyville TX 76034 06462162 Macpherson, Douglas Etux Andre 4805 Mill Creek Dr Colleyville TX 76034 06462499 Bentz, Gerald Etux Carolyn 4808 Mill Brook Dr Colleyville TX 76034 06462170 Crowder, William J Etux Sujata 4803 Mill Creek Dr Colleyville TX 76034 04103181 Freeman, Elva PO Box 84 Colleyville TX 76034 07328532 Navasota 200 Black Llc 200 Black Dr Colleyville TX 76034 06462189 Saiyed, Kalim Etux Jabeen 4801 Mill Creek Dr Colleyville TX 76034 06462197 Walker, Larry R Etux Natalie 4709 Mill Creek Dr Colleyville TX 76034 06462200 Hix, Richard B & Janet Lewis 4707 Mill Creek Dr Colleyville TX 76034 06462219 Campbell, Kenneth C & Darlene 4705 Mill Creek Dr Colleyville TX 76034 06462227 Lucchesi, Frank J Etux C 4703 Mill Creek Dr Colleyville TX 76034 06574947 Pickwoad, Lauren Midgley 210 Mill Wood Ct Colleyville TX 76034 06574939 Lobue, Paul M Etux Ellen M 208 Mill Wood Ct Colleyville TX 76034 06574920 Shields, Bradley S Etux Holly 206 Mill Wood Ct Colleyville TX 76034 06574912 Chang, Mike Etux Kuan Lan Chen 204 Mill Wood Ct Colleyville TX 76034 06574904 Grussendorf, Dianne Etvir Paul 202 Mill Wood Ct Colleyville TX 76034 06462235 Burbank, Joseph C Est & Teresa 4701 Mill Creek Dr Colleyville TX 76034 06574890 Jordan, Nowell L Etux Mary C 200 Mill Wood Ct Colleyville TX 76034 06574858 Friedman, Scott Etux Miki A 207 Mill Wood Ct Colleyville TX 76034 City of Colleyville Joel Lenamon, applicant Mill Creek HOA 100 Main Street Colleyville 4016 Gateway Drive, Suite 130 Colleyville 213 Mill Crossing West Colleyville SITUS_ADDR 301 Glade Rd 130 Mill Crossing E 4809 Mill Creek Rd 125 Mill Crossing E 4807 Mill Creek Rd 4805 Mill Creek Rd 4808 Mill Brook Dr 4803 Mill Creek Rd 300 Black Dr 200 Black Dr, Subject Property Owner 4801 Mill Creek Rd 4709 Mill Creek Rd 4707 Mill Creek Rd 4705 Mill Creek Rd 4703 Mill Creek Rd 210 Mill Wood Ct 208 Mill Wood Ct 206 Mill Wood Ct 204 Mill Wood Ct 202 Mill Wood Ct 4701 Mill Creek Rd 200 Mill Wood Ct 207 Mill Wood Ct Portion of Black Drive ROW, TX 76034 Subject Property Owner TX 76034 applicant TX 76034 Notifications were mailed by Amy Shelley on Thursday, November 29, 2007. Signature vrcuvrrYa~ar Acrmsreu TION i N DMNFR ANO APPLICANT: JOEL. LENAMON T1E NAVASOTA GROUP 1016 CAIEWAY DRIVF, SUITE 130 COLLEYNUE, TEXAS 76034 IEL: 817/545-3837 FA%: 817/545-3638 ENtlNEER AND SURVEYOR: TEAGUE NALL AND PERKINS 1100 MACON STREET FORT NORTH, TEAS 78102 TEL• 817/}}6_5773 FA%: 817/336-2818 ZONING EXFIIBIT FOR BLACK DRIVE SUBDIVISION GRAPHIC SCALE \ ^^- -'~ ru a .o,~.o~ 1 ZONIIVQQ~ANQSRBQUBSTPROMR~OTIUR 20 sc~A~E ^• ^~ TEr9CIK NALL AND PEI~KMIS CITY OF COLLEYVILLE, TEXAS TMF07354 1._~. BLACK DRIVE SHEET ~vrc / // N/A /~ / vortlwo.tn,~~r~..a~.r ~ieloz DATE ~~~/// .J /NC. vn o,, .: (ei ~!>>c-s>>1. ro.: (Br ~)>>c-sari OF OCT 2007 •."~'"P-0""ne.<cm N0. REVISION DATE ZONING EXHIBIT ~ ORDINANCE 0-08-1653 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON LOT 1, BLOCK 1 OF THE BURBANK ADDITION AND APPROXIMATELY 0.24 ACRES OF BLACK DRIVE RIGHT-OF-WAY, FROM THE PUDR-PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT AND THE R40-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE R20-SINGLE FAMILY RESIDENTIAL 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 rezoning under Case No. Z-07-035; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after Ordinance 0-08-1653 Page 2 of 3 holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on Lot 1, Block 1 of the Burbank Addition and approximately 0.24 acres of Black Drive right-of-way, from the PUDR-Planned Unit Development Residential zoning district and the R40-Single Family Residential zoning district to the R20-Single Family Residential zoning district, as depicted in the attached Exhibit "A", labeled Location and Zoning Map and, a portion of which, is described in the attached Exhibit "B", labeled Legal Description. 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 any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the 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 0-08-1653 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. 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 ~~ 101 105 188` 113 117 121 126. 480T 4soa Site 4802 4804 4808 4808 4800 3 301 305 309 313 405 4801 4704 I 1803 4805. 4807 Y00 30D 304 308 31? 400 4702 4706 1708 .4708 4708 4703 47 D4 4707 4701 4705 4702 4706 4709 4805 4700 4703 202 204 208. 208 210 46D3 4701 8700' 4701 4604 200 4606 207 ,~~.. 102 4680 ~~ . 46D5 201. 4804 iD4 203 205 106 11D 112 ~ 200. 2D2 108 ..204 2 Zoe z1D ~ . z x 101 4703 305 405 4701 4604 4607 4605 a603 460) 4600 4813 508 EXHIBIT "B"-Legal Description LFCAL DESCRO'TION k'UR R.O.W. BLACK STR.itiET BEING .A D,F.SCRIPTTON OF A 40' RIGHT OF WAY LOCATEA ALONG THE SOUTH. L1NE OF LOT 1 BLOCK 1 OF BURBANK ADDITION AN ADTfTT10N 70 THE CITY OF COLLEYVILLB, TARRANT COUNTY. TEXAS ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET A S.1.IDE 4839 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A'f," IxtON ROD SET AT THE SOUTHWEST CORNER OF SAID LOT I OF SATD ADDITION AND BEING THE NORTHWEST CORNER OF T8E RIGHT OF WAY LINE OF SATD HLACK STREET AND BEING IN TIUG FAST LINE OF LOT 9 TN BLOCK D OF MILL CREEK ADDITION PHASE 1 AN ADDITION TO THE CITY OF COLLEYVILL$ TARRANT COUN'TX, TEXAS ACCORDING TO TH.E M.AP OR PLAT THEREOF RECORDED TN CABINET A, SLIDE 595 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS; THENCE SOUTH 89 DEGREES 06 MINUTES Z4 SECONDS EAST QV.IT.Ii THE SOUTH LINE OF SATD LOT I AND THE NORTH R1CHT OF WAY LINE OF SATD BLACK DRIVE A DISTANCE OF 254.50 FEET TO A'/~" IRON ROD SET FOR CORNER AT TH1: SOUTHEAST CORNER OF SATD LOT ]; T.TIF;NCR SOUTH 00 DEGREES 14 MINUTES ]9 SECONDS EAST ACROSS THE RIOT4'i' OF WAY OF BLACK DRIVE A DISTANCE OF 40 .FRFT TO A POINT 1N THE NORTH LINE OF LOT 29 BLOCK D OF MILL CREEK ADDITION, PHASE III AN ADDITION TO TN$ CITY OF COLLEYVILLE, TARRANT COUNTX, TEXAS ACCORDING THE PLAT THEREOF RECORDED tN CABINET A, SLIDE 1162 OF THE PLAT RECORDS 09' ?ARRANT COUNTY, TEXAS; THENCE WITH SATD NORTII LINE O.F SA1D ADDITION NORTH 89 DEGREES 06 M.INU'TI~5 24 SECONDS WEST A ,DISTANCE OF 255.0 F1rET TO A POINT 1N THE NORTH LINE OF LOT 28 BLOCK T) OF SAID MIL[. CABEK ADDITION, PIIASE .III ,AND BEING THE SOUTHWEST CORNBR OF SAID BLACK DRIVE AND BEING T13B SOUTHEAST CORNER OF LOT 9 BLOCK I] OF S.ATA MILL CR£.EK ADDITION .PfIASF, .1; THENCE NORTH 00 DEGREES 33 MINUTES 53 SECONDS EAST WITH THE EAST LINE OF SAID MILL CREEK ADDITION, PHASE i, A DISTANCE OF 411.0 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.24 ACRES OF LAND. MORB OR LESS TH]S DESCRIPT.iON WAS MADE FROM OFFICE MAT'S AND NOT AN ACTUAL ON THE GROUND SURVEY OF SUBJECT RIGHT OF WAX. to O 0 p y a efl n O Q to ~ 2~ -+ n D z D ~* - ~ ~ ~ ~ O c~ rr ~ fl. a !y ~ tC ~ ~ fin v ~! ~- y~ ~ p' 4 ~ z ,~ ~ 3 ~ n °~' ~ `~ o ~` ~ _ ~ '~ - a e ~ '+ ~ ~ ~ ~ m ~- i.~ =3 ~ ~ n `~ ~ ~ ~~. 3 4 = v v ~ n ~ c ° l11 to ~ "- ~ y ~ ~ ~ ^'~ i, 3 ~ ^ ~ ~ ; . ~ ~ ~ O O Q ~ -S1 . -. O Q. O ? y ~ ~ ~i ~ p1 O ep ~ ~ H ~ ~ ~ N o .. 3 p v1 ~ = ~ O ~ _ ~ ~ ' ~ ~. Z O O ~ 'a ~ ~D p O ~ a ~ o i a. ~ C p N ~ ' p t N ~ t ~ 'J ~, a ~ ~ ~ ° ~ ~ 3 a v ~ ~ ~ ~ Q- ~ tN = O ty O ~ ~ v c~ '~ a~ rn m a v Cit of Colle V~~~e 100 Main Street ~'`~ ~.- Colle ville, Texas 76034 (817) 503-1000 ~~~~°- Agenda Briefing www•colleyville.com File Number: 0-08-1654 File Number: 0-08-1654 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 01/15/2008 Agenda No.: 5b Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of a request for an amendment to a Special Use Permit for an accessory building on Tracts 1A01 D, 1A5 and 1 B04 of Abstract 1182 of the W.C. Newton Survey and Tract 1604 of Abstract 356 of the Isaac Carodine Survey located at 816 W. L.D. Lockett Ro Attachments: Location and Zoning Map Notification List Site Plan and Building Plan Exhibits Accessory Building Zoning Comparison Letters of Support Petition of Support Ordinance 0-03-1397 Ordinance 0-08-1654 History of Legislative File Version: Date: Acting Body: Action Text: 1 12/10/2007 Planning and Zoning Commission 1 01/08/2008 City Council 1 01/15/2008 City Council Title Approval of a request for an amendment to a on Tracts 1A01 D, 1A5 and 1 B04 of Abstract 1 B04 of Abstract 356 of the Isaac Carodine Case Z-07-036 Special Use Permit for an accessory building 1182 of the W.C. Newton Survey and Tract Survey located at 816 W. L.D. Lockett Road, Explanation Second Reading and Public Hearing There were no speakers regarding this request at the January 8, 2008 meeting. First Reading and Public Hearing Marty Stadjuhar is requesting to amend an existing Special Use Permit (SUP) for an accessory building in order to expand the size of the accessory building. The SUP request is for 816 W. L.D. Lockett Road located one block east of Precinct Line Road. Zoning. The property is currently zoned R40-Single Family Residential. The original SUP was approved by City Council on April 15, 2003 under Ordinance 0-03-1397. The original SUP permitted the applicant to have total of 6,620 square feet for three accessory buildings on the property and stipulated that any increase in size would require an amendment to the SUP. City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing Continued (0-08-1654) Existing Conditions. The subject property is approximately 10.3 acres in size. There are currently four buildings on the property containing a total of 6,620 square feet. The building that is proposed to be expanded currently contains 6,000 square feet. SUP Amendment. Section 3.27 -Accessory Buildings and Residential Carport Regulations in the Land Development Code requires that any amendments to the accessory building regulations require a Special Use Permit. The applicant is proposing to add 3,750 square feet to the main building, which is labeled as the arena on the attached zoning exhibit. This would increase the size of the building to 9,750 square feet. As required by Ordinance 0-03-1397 and the International Fire Code, the applicant would be required to install a fire sprinkler system approved by the Fire Department. The applicant is also requesting that four accessory (4) buildings remain on the property instead of the maximum of three (3) required by the Land Development Code and Ordinance 0-03-1397. Master Plan. The Master Plan designates this property for future single family residential use. The proposed SUP amendment does not comply with the Future Land Use Plan. Surrounding Properties. The surrounding properties are all single family uses. Properties to the west, east and north are zoned R20-Single Family Residential and the property to the south is zoned PUDR-Planned Unit Development Residential. Development Trends. The development trends in this area are for single family detached homes. Public Notification. Staff mailed notices to 25 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 five letters of support regarding this case and a petition of support with 46 signatures. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the December 10, 2007 meeting by a vote of 6-0. Summary. The proposed SUP amendment would double the amount of square footage for the stable exceeding the maximum square footage allowed for accessory structures. Financial Impact It has been determined that there is no financial impact. Recommendation Denial due to technical non-compliance with the Land Development Code. City of Colleyville Page 2 Printed on 1/11/2008 Location and Zoning Map m ~ ...803 5917 " 36 6931 12 5813 ~? 818 800 800 69x2 ~a 908 5909 ~f 18 5919 X14 5916 d916 60 L1 04 5905 51198 5907 704 69a2 < . 6903 59a6 ~ OD SoopR 816 800 800 e 706 6 az 4645 :,.4638 1? lS84 5813 .5834 6837 Site 6836 4833 08 5809 818 800 800 PUD 68?9 566 6833 ?, 04 0 5 R20 5ee1 's R40 8 67 5611 DO 5801 8 D D 701 5706 1335 P~ RR 701 R40 57aa b8 71z 7d1 sob aD1 5700 700 R40 13 18:... - . 5617 12 5700 5808 7?9 1117 pp 1? 813 . DB 5804 O5 O6 6G 5600 Notification List OWNER OWNER OWNER ACCOUNT OWNER_NAME OWNER_ADDR CITY STATE ZIP SITUS_ADDR 816 W L D Lockett Rd, 03834832 Stajduhar, Martin Etux Lisa, applic~ 101 Williamsburg Ct Colleyville TX 76034 Subject Property Owner 03835006 Ishak, Ashraf Z 104 W Ld Lockett Rd Colleyville TX 76034 805 W L D Lockett Rd 03835014 Kuhlmann, Peter Etux Linda 4423 Chapel Rd Graham TX 76450 801 W L D Lockett Rd 816 W L D Lockett Rd, 04081676 Stajduhar, Martin Etux Lisa 101 Williamsburg Ct Colleyville TX 76034 Subject Property Owner 816 W L D Lockett Rd, 04081714 Stajduhar, Martin Etux Lisa 101 Williamsburg Ct Colleyville TX 76034 Subject Property Owner 816 W L D Lockett Rd, 04081765 Stajduhar, Martin Etux Lisa 101 Williamsburg Ct Colleyville TX 76034 Subject Property Owner 04480562 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 76034 800 W L D Lockett Rd 04480570 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 76034 800 W L D Lockett Rd 04509684 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 76034 W L D Lockett Rd 04509692 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 76034 W L D Lockett Rd 04509706 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 76034 W L D Lockett Rd 04509714 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 76034 800 W L D Lockett Rd 04509722 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 76034 800 W L D Lockett Rd 04509730 Covington Partners Llc 1505 Oak Knoll Dr Colleyville TX 76034 800 W L D Lockett Rd 04740459 Lavaca Oaks Lp 6401 Westcoat Dr Colleyville TX 76034 901 Lavaca Tr 04988957 Martin, Stephen Lee Etux Nan C 813 Lavaca Trl Colleyville TX 76034 813 Lavaca Tr 06356028 Gohr, Martin Etux Lorraine 809 Lavaca Trl Colleyville TX 76034 809 Lavaca Tr 40250563 Smith, Ted Etux Michele 5704 Texas Trl Colleyville TX 76034 5704 Texas Tr 40250571 Adams, Kenneth J Etux Barbara 5708 Texas Trl Colleyville TX 76034 5708 Texas Tr 40250598 Hultquest, Philip P Etux Lily 5712 Texas Trl Colleyville TX 76034 5712 Texas Tr 40250695 Reatta Place Hmowners Assoc 5506 Texas Trl Colleyville TX 76034 5705 Reatta PI 40250709 Wheelwright, David 5701 Reatta PI Colleyville TX 76034 5701 Reatta PI 40357902 Reatta Place Hmowners Assoc 5506 Texas Trl Colleyville TX 76034 5714 Reatta PI 1866427 Invitation Park III LP 215 W. College St. Grapevine TX 76051 908 W. L D Lockett Rd 4740203 Invitation Park III LP 215 W. College St. Grapevine TX 76051 909 Lavaca Tr Notifications were mailed by Amy Shelley on Thursday, November 29, 2007. Signature NEl/TON 9UH' D . 9 8 8- 4 2 P G. 9 2 T C T . ~ e .. ~~ I °I _ " oo 7 z is zit zoez arao. ~s• z w ~~ rzs aocs ana aor z ao.s• mr aaa. sao~o® err z er ~~ m~movr 1 0 2 7 2 A C R E 9 ~-. C NE~fTON SURVEY ABST {~ 1 1 82 sot:r rm 8 1 8 11 L D L O C K E T T I/ALLACE CRAIG V O L 4 9 7 2 P G. D R T C T. 3CAL~ 1" 1 0 0 0" RECEIVED Per ............. 7 a m m ~` Zr ~d b~~ ~-~o .. ~, ~ b N m a' 3 o ~ ~ rn y " ~ ~ ~ ~ ~ ~ ~ ~~ ~ ~ Z ~ ~. °o ?~ ~ t+i ~ ~ t~ ~ r y ~ L ~ ~ m' (~' b ` m ~ ~ ~ -- ~ ~ ~ m ~+ c ' ~ m ;~; ~ m i ~ rn m • ~~ o ~ "~ ACCESSO RY BUILDING ZONING COMPARISON Category Land Development Code Accessory Building Requirement Applicant Proposal Maximum Size 2,500 s.f. for lots over three acres 9,750 s.f. total* Maximum Number of Buildin s 3 4* Side Setbacks 15 feet 20 feet Rear Setback 25 feet Over 25 feet Maximum Hei ht 35 feet com lies * Exceeds Land Development Code Requirement Letters of Support From: tony gohr-^ Sent: Wednesday, December O5, 2007 12:04 PM To: Amy Shelley Subject: Re: public hearing Z-07-036 Ms. Shelley, Thank you for receiving our comments regarding z-07-036. We, Marty and Lorraine Gohr of 809 Lavaca Trail, are "across the back fence" neighbors with the Stajduhar property in question. We are wholeheartedly in favor of any plans they may have to expand such a worthwhile business as caring for our disabled children. The Stajduhars are excellent neighbors, and provide significant benefit to the entire community by providing such caring service to a deserving population. Any increase in their structures and buildings so as to improve their business would be supported by us. We regret prior commitments on the evening of Dec. 10. Sincerely, Martin and Lorraine Gohr From: Holly Edwards Sent: Thursday, Decem er 06, 2007 8:59 AM To: Amy Shelley Subject: Comments in Support of Zoning Case # Z-07-036 To Whom it may Concern, I am writing to ask that you approve this zoning request by Marty Stajduhar. My daughter, who is a special needs child with physical and mental disabilites, has been a client of Stajduhaz Stables for over a year now. Her riding abilites and confidence have dramatically improved during her time there. I know that improving the facilites will provide more opportunity for therapy options for my daughter and for many current and future clients. This is such an important community service that Stajduhar provides. Riding horses is not only a theraputic activity for these kids, it also is one of the few life-time activites they can continue to be involved in and enjoy. I hope you will approve this request on behalf of the special needs community. Sincerely, Percy and Holly Edwards Zoning Case Number: Z-07-036 Applicant: Marty Stajduhar Location: 816 W. LD Lockett Road Property Description: Tracts 1A01D & 1A5; Abstract 1182 of the W.C. Newton Survey and Tract 1B04, Abstract 356 of the Isaac Carodine Survey Present Zoning: R40-Single Family Residential Requested Zoning: Amend Special Use Permit for an accessory building ..Holly Never miss a thing. Make Yahoo your homepase. -----Original Messags----- From: JON DAHLANDER Sent: Friday, December 07, 2007 4:11 PM To: Amy Shelley Cc: lisa®stajduharstables.org Subject: Stajduhar Stables To Whom It May Concern, I'm writing on behalf of Stajduhar Stable's and their request to extend the roof of their riding arena. My son Jared is one of the many children who are benefiting so much by the therapy offered there. We are not able to attend Monday's Planning and Zoning meeting because we live about an hour away in East Dallas. Jared has only been riding at Stajduhar Stables for about six weeks and we've already seen an improvement in his stability and body control. We make the long drive from our home each week because this is one of the few slivers of "country" left where hippotherapy is offered. We had heard the success stories from other parents and are now experiencing what a remarkable type of therapy this is. But as we get into the colder winter months, the prospect of little Jared riding in the cold or wet weather is not very appealing. He, like many special needs children, has some sensory integration problems. He can not tolerate extreme bright sunshine, strong wind or cold very well. That is why extending the roof of the arena is so important for the children who ride at Stajduhar. It will provide a warmer, dryer, safer environment for them. Like other parents, I strongly urge you to approve the extended roof request. This is a wonderful, life-changing facility and Colleyville should be proud to have it in it's city limits. From an economic standpoint, my family--like many others--spend money in Colleyville because of Stajduhar Stables. We stop for gas, food and visit shops in your community on our way to and from therapy. I hope you will consider what a benefit this facility is to Colleyville. But more importantly, your decision can help some very special children. These kids face such extreme challenges. Please help take one obstacle away so they can continue their therapy and improve their quality of life. Sincerely, Heidi Dahlander mom to Jared, age 7 Page 1 of 1 Amy Shelley From: The Tew Family_ Sent: Friday, December 07, 2007 10:34 PM To: Amy Shelley Subject: Stajduhar Stable Arena Expansion This note is in regard to the extension of the arena of Stajduhar Stables. Our four-year-old autistic grandson, Landon Tew, is currently taking riding therapy at the stables. He immensely enjoys his hour on the horses and we have found this therapy to be very helpful to him. An extension to the roof of the riding arena would be very beneficial to all of the children who receive these wonderful services, especially since the therapies are conducted in all kinds of weather. We would appreciate your support and approval of this project! Kelly & David Tew 12/10/2007 Page 1 of 1 Amy Shelley From: Sue George _~ Sent: Monday, December 10, 2007 7:17 AM To: Amy Shelley Cc: Lisa Stajduhar Subject: Zoing Change Request As a parent of a child who attends therapy at the Stajduhar Physical Therapy facility on L. D. Lockett Road, I am asking you to grant the zoning change request to allow the extension of the arena cover. The clients need the cover so that therapy can be conducted regardless of the weather conditions and allow the space needed to adequately move around. Mrs. Stajduhar will ensure the cover is asthetically pleasing to the eye so as not to detract from the surrounding neighborhoods. Thank you in advance for allowing the needs of the clients to be better served in your community by granting the zoning request. Su~M. eorc Get the power of Windows + Web with the new Windows Live. Power uo! 12/10/2007 r Petition of Support ~~ January 4, 2008 Colleyville City Council Dear Council Members: We, the undersigned, are in support of the proposed expansion of the horseback riding arena at Stajduhar Stables at 816 W. L.D. Lockett Rd, Colleyville, Tx. The arena expansion will allow the special needs riders to ride in a snfer,dryer environment. The children will be warmer in the winter months and cooler in the summer months. We ask that you allow the expansion of the roof, so that the children get the maximum benefit from their hippotherapy and therapeutic riding. Thank you for your consideration of this matter. Name Address Phone Number t ~ ~ ~ - ~r t h1 f G ~S~Uf l l So ~ .mot ~l ~ D c~xn ~/; 7oi Pr;nc¢ . ~,. tC 5 -1 z ~ X17- 92 -570 _~ n LSD r~s ~ sl n8 ~ r Q~ ~ Y t Q` a ~~'~~1 O ~~ -,. 7/~ P ~ t~--~ g 8 -43 z ~7 `f~a oa- ~~(~ 1 liC.¢.c,ie. 1~'. 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(.~ Vf( ~(' d~ r ~~ ~P ~ ~~~ 3S~ ~~ .~~.. .~/ / - r r- i 3d6 ~ ~ ~ ~7-'y7-Yrro r 7~Ga 6 ORDINANCE 0-03-1397 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING ON 10.272 ACRES OUT OF THE W.C. NEWTON SURVEY, ABSTRACT 1182; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by Marty Stajduhar on February 17, 2003, under Case No. Z-03-007; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Tracts 1A1D, 1A5 and 1B4, W. C. Newton Survey, Abstract 1182; and Tract 1 B4, Carodine Survey, Abstract 356, by authorizing a Special Use Permit for an Accessory Building, subject to the following conditions: a. The maximum size of the building footprint of all accessory buildings shall not exceed six thousand six hundred twenty (6,620) square feet. b. Building A, as noted on Exhibit "B", shall not be increased in size or enclosed unless approved as an amendment to this Special Use Permit. c. The location of all buildings shall be consistent with the drawing attached as Exhibit "B". d. Building A shall be exempt from the requirement to install an automatic fire sprinkler system. If Building A is increased in size or enclosed, an automatic fire sprinkler system shall be installed. Ordinance 0-03-1397 Page 2 of 2 e. Any accessory building shall not be used for commercial purposes, other than those uses permitted by the Land Development Code. Sec. 2. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. S. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ,~ ~-r day of Q,pn,`,~ 2003. The second reading and public hearing being conducted on the /S ~ day of 2003. ATTEST: ~~ . ~_ ynthia Singleton City Secretary CITY OF OLLE ILLE: Donna Arp Mayor VE S TO FORM AND LEGALITY: R ss T. ster City Attorney EXHIBIT A -ZONING MAP .,, .._ . ~. ~ ~ Rte- ~ 2A1 ~ ApDN N 4~,s;6 i"~Krri' -- --- }Mr 0~ ._ ` ~ s t, la, M f.!! H ,S-fe1 K, .Se ac, a .~,`ll ) i ~ 1 rltaC ~ ~i11.• ' )R1 R,c, 'A~-~~5 ® E~ SR Ot K ~,:., .~ n 1c 1* _ ~ 1{ , y~i ~,", le I~ ., T /, ~'~ ! )I t' wb y ~~y a}R IY Ie le) TR ,aa 4 2.f a[ f.i RC !; i 1 a'SL ~ ~A ~~~ '~ N ~~~ ~ ,~, 1R ,! 1R Ip ii /-SSO a 5.17 aC f! ~1 1fe 2a ai - ~ N ; w i' ©~ .ua u r. Tr . ~~ ~ l~ 6 ~' ~~ ~rNV~yN ~~5~ 1.ii • t~~ A Itg& 1R 1[ Q 13. N! K [R +C ,.Te K 1.{a [~~~~ KE S N ~N aGa~5 Jrt AT ~ 0 +RM.1 ra , 5 LpK~ •u. e Y -~~6~ VALE -- --- ----- ~ a~pR 1'[Yil ~ ~ J„ ro.so • 1o.as e }1 TR la. TR la} }1 al 4.. K f.e eL' ~~ Tf 1 .r-- - e! ; ~~ 1 at : r) .1 AN ~ ~ ' TR R •' ~ H RE -'pY a 1 rR a ~ta .arc .~K i ~00 ~ + , Es ~ c~ , ~ar,T A ~";. „ ~ ~ ~+ 1 ~ , j,i , to n .~} ec l.,i . t.e} ~ !e Ta ~ 1..~ AD ~ 3; ~ RE s Z t.e.}, . ,. 1!a1 , .. i.taaa •~ EXHIBIT B -BUILDING LOCATIONS Building to be removed ~~ rn• .t° rtl' ttUC . ' 1" 15+.3 ' 1+t lid: X o U_i' 1" 1 Building A i~'. L'. NEW7'~IN StJRYEY ~ B57". ~ ! i 82 ~ L.D. L ORDINANCE 0-08-1654 AN ORDINANCE AMENDING ORDINANCE 0-03-1397 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSDAN DOLLARS ($2,000.00) FOR EACH OFFENCE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-03-1397 on April 15, 2003, to grant a Special Use Permit for 10.3 acres of property located at 816 W. L.D. Lockett Road; and WHEREAS, the property owner has requested an amendment to Ordinance 0-03-1397 to expand an existing accessory building, under Case Z-07-036; 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 0-08-1654 Page 2 of 3 property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O- 03-1397 regarding expanding an accessory building. Sec. 3. THAT the above described tract of land, depicted on the attached Exhibit "A" labeled Location and Zoning Map, 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. General a. The maximum size of the building footprint of all accessory buildings shall not exceed ten thousand three hundred and seventy (10,370) square feet. b. Building A, as noted on Exhibit "B" labeled as Building Layout, shall not be increased in size or enclosed unless approved as an amendment to this Special Use Permit. c. The location of all buildings shall be consistent with the drawing attached as Exhibit "B" labeled as Building Layout. d. Building A shall be equipped with an automatic sprinkler system approved by the Building Official and the Fire Department prior to the approval of a certificate of occupancy for any addition to the structure. 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. Ordinance 0-08-1654 Page 3 of 3 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. Sec. 9. THAT Ordinance 0-03-1397 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. 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 N $tl$ 5917 935 593f 12 5913 N 593 818 800 80D ~2R 59 3 9U8 69°9 5918 .5919 3814 69Yb X10 ~ 391.1 04 5905 5908 .:.5867 704 6001 5903 ~ 6846 °° 590~{^i~ .816 800 800 5849 708 3842 6$45 5sas 584 ,~ ' 5813 583k 5s37 Site 58x0 5838 Ds 58°9 s16 a°D stlD P~! C! 5839 68D0 6623 z, Oa 58°5 0 R20 58D1 Y6 R40 p7 5811 OD 5801 8 ° 0 701 ~~ 57D¢ 701 1335 R40 67tl4'. 712 701 805 801 570D Dtl R40 13 18 5617 12 5700 5608 729 1117 09 5 14 13 08 58°4 06 08 09 5600 Exhibit B -Building Layout s x Rs1rT4x aS/8'D. BuildingA 1fALLACt C3At0 saa-4R, Po. D8 VOL. 4YTR, P6. 7 T.C.T. DRTCT. sr s ~o aeQ ~sr Q w s r ~a~ ._ ~" aoQ our w.r a v • mar nwa~ +rae ~~r a~war io.a~s •cssa scats w.e. xexrox avavsx ~xa:. ~ -saa eae w, L.D. LOCSlTT RECEIVED Par ............. INFORMATION RECEIVED AFTER PACKETS DELIVERED Received on: Monday, January 14, 2008 AGENDA ITEM # 6a, 0-08-165 5 Planning and Zoning Commission Recommendations • In a gated subdivision subdivision performs a! subdivisions showing a streets. all existing escrows will re engineering study that is different amount is required main in place unless the currently outlined for new to properly escrow for the • Anew gated subdivision escrow at least the amount recommended by their engineer and that the engineering firm that performs that study be a licensed Civil Engineer in the State of Texas or acceptable to the City of Colleyville. • Any gated community or streets can be denied by City Council and the Planning and Zoning Commission and that there is no right to be a private gated community. .,, .~~ 100 Main Street fig`'-- ~- ~~ City of Colleyville Colleyville, Texas 76034 ~~~~• (817) 503-1000 '`~~~~- Agenda Briefing vvww.colleyville.com File Number: 0-08-1655 File Number: 0-08-1655 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 01/15/2008 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to Chapter 10-Private Streets and Entrance Gates of the Land Development Code, Case G-08-002 Attachments: Proposed Revisions to Chapter 10 Private Street Subdivisions Table Ordinance 0-08-1655 History of Legislative File Version: Date: Acting Body: Action Text: 1 01/14/2008 Planning and Zoning Commission 1 01/15/2008 City Council Title Approval of an amendment to Chapter 10-Private Streets and Entrance Gates of the Land Development Code, Case G-08-002 Explanation First Reading and Public Hearining Chapter 10 Private Streets and Entrance Gates. Development of proposed amendments to the Land Development Code is in response to the previsous request by the City Council. The standards for developments in Colleyville with private streets and entrance gates were established with the approval of Ordinance 0-98-1105 on October 20, 1998. These regulations were incorporated into Chapter 10 of the Colleyville Land Development Code on April 18, 2000 and were subsequently revised with the approval of Ordinance 0-05-1513 on March 1, 2005. Included within Chapter 10 of the Land Development Code are the regulations used for considering a request to convert a public street subdivision to a private street subdivision. The process includes written notification to all property owners of record, a public hearing and recommendation from the Planning and Zoning Commission and consideration by City Council. If privatized, the homeowner's association is required to establish a reserve fund for the maintenance and reconstruction of the private streets, drainage facilities and related appurtenances. Existing Private Streets and Gated Subdivisions. Fifteen subdivision plats that contain private streets with gated entryways have been approved by City Council since the adoption City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing Continued (0-08-1655) ' of the private street and gated development regulations in 1998. The attached table contains a list of the private street and gated developments within the City, the number of lots in each development and the date the subdivision plat was approved. Existing Annual Reserve Fund Contribution Requirement. The annual reserve fund contribution as presently required by the Land Development Code is a minimum of $75.00 per lot unless otherwise determined by City Council. Upon receipt of a request to convert a public street subdivision to a private street subdivision, the Engineering Department will provide an estimate of the annual reserve amount necessary to sufficiently fund the long-term maintenance and reconstruction obligation for the subdivision. The reserve fund contribution amount is determined by calculating the costs of infrastructure improvements distributed among the number of lots in the subdivision with regard to the expected service life of the infrastructure facilities. Infrastructure facilities include streets and drainage facilities. Expected service life includes a dollar amount for the yearly maintenance and eventual replacement of these facilities. The annual reserve amount will vary among neighborhoods as the number of lots, length of roadway and infrastructure service life may differ. Additionally, these estimates are figured using current replacement costs and do not include any inflationary rates. Proposed Revisions to Chapter 10. At the June 5, 2007 Pre Council meeting, comments were made regarding the effectiveness of the reserve fund regulations relative to the long term funding of maintenance and replacement costs for private streets and drainage facilities. Council requested staff develop language that Chapter 10 be amended to eliminate language mandating a reserve fund for private street subdivisions. It should be noted Chapter 10 currently contains language regarding the Council's obligations relative to receiving a petition to accept private streets as public streets. The City is not obligated to accept the private streets as public and should the City consider such a request, the City shall be the final judge of whether repairs are needed to the private streets prior to acceptance. The City may also levy an assessment upon each lot on a pro-rata basis for the expense of needed repairs. Staff recommends that language be added to Section 10-130 Conditions of Approval, within the Petition to Convert to Private Streets section (E): 1. Stating that a notation shall be included on the final plat that states the HOA shall own and be responsible for all costs associated with the maintenance and reconstruction of the private streets, drainage facilities, sidewalks and related appurtenances, and that the City has no obligation to maintain the private streets and drainage systems. Staff recommends that language be added to Section 10-130 Conditions of Approval, within the Petition to Convert to Private Streets section (R): 2. Stating that upon receipt of a request to convert a public street subdivision to a private street subdivision, the petitioner shall provide an analysis of the long term maintenance and reconstruction obligation for the subdivision. This analysis shall be prepared and stamped by a private engineering firm and shall be submitted to the City of Colleyville. City of Colleyville Page 2 Printed on 1/11/2008 Agenda Briefing Continued (0-08-1655) 3. Clarifying that the homeowner's association will be responsible for the repair or replacement of any public facilities damaged during the maintenance and reconstruction of the private streets and drainage facilities. Public facilities include, but are not limited to, sanitary sewer and water facilities. 4. Requiring a notation on the amended plat, upon approval of the request to privatize, stating that all costs associated with the maintenance and reconstruction of the private streets, drainage facilities, sidewalks and related appurtenances shall be the responsibility of the homeowner's association. 5. Requiring .a notation within the homeowner's association documents stating that all costs associated with the maintenance and reconstruction of the private streets, drainage facilities, sidewalks and related appurtenances shall be the responsibility of the homeowner's association. The attached copy of Chapter 10 of the Colleyville Land Development Code shows the proposed revisions to the text with text proposed for deletion shown as "strikethrough" and new text shown with "bold-underlined" characters. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommendation was to be determined at the meeting held on January 14, 2008. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 1/11/2008 PROPOSED REVISIONS TO CHAPTER 10 Colleyville, Texas, Land Development Code Chapter 10 Private Streets and Entrance Gates 02/05/08 'rii.~e~af~~F .F i E ~ • • • The purpose of this Chapter is to establish regulations for gated subdivisions and/or with privately owned streets. h The regulations contained in this Chapter have been adopted under the following authority: A. Chapter 212 -Municipal Regulation of Subdivisions and Property Development of the Texas Local Government Code, which authorizes a municipality to adopt rules governing plats and subdivisions of land within the municipality's jurisdiction. B. Chapter 51 -General Powers of Municipalities of the Texas Local Government Code, which authorizes a municipality to adopt ordinances, rules, or police regulations that are for the good government, peace, or the trade and commerce of the municipality. C. The Home Rule Charter of the City of Colleyville, which authorizes the City Council to exercise all powers granted to municipalities by the Constitution or the laws of the State of Texas. ~"'~. e a ~ '. . Any person seeking approval of a development as required by this Land Development Code may request a waiver from a requirement contained in this Chapter, or appeal a decision of an administrative official by submitting a request using the procedures described in Chapter 1 -General Provisions of this Land Development Code. ,,~_ ~> i Definitions applicable to this Chapter may be found in Chapter 2 -Definitions of this Land Development Code. .~z - ,~ ~ ,; , , ~ ~ :~ ~ xFZ u. q a' ~ ..,~ ,. ., ~ z ~ ~~.. ~. ~ , FI#L ..orb. ...::,..: ' . Yk ..~~, :~ .'~%4. k°k. The regulations contained in this Chapter shall be applicable to any proposed subdivision plat, or to any request to convert a public street to a private street, submitted for approval by the City of Colleyville after October 20, 1998. ,... „~, a ., ,,X ~"' mac.:. ~A '.~ ,. ~<~,...~ i.n• '.< ; A City Council Approval Required - No existing subdivision shall convert any public street to a private street unless such request has been approved by the City Council, after receiving recommendation from the Planning and Zoning Commission. Furthermore, no proposed subdivision plat shall include a private street unless such plat is approved by the City Council, after receiving recommendation from the Planning Chapter 10 -Private Streets & Entrance Gates Page 10 - 1 Colleyville, Texas, Land Development Code and Zoning Commission. The terms "private street" or "private streets" shall be inclusive of streets, alleys, storm drainage systems, entrance gates and structures, sidewalks and traffic signs. B. Public Hearings Required - A public hearing shall be required by the Planning and Zoning Commission and City Council for a request for an existing subdivision proposing to convert a public street to a private street. Written notice of such public hearings shall be mailed to the owners of real property situated within 200 feet of the proposed private street subdivision as listed on the last approved City tax roll. Such notice to be mailed not less than ten (10) days before the day set for public hearing. Such notice may be served by depositing letters properly addressed and postage paid in the City Post Office. '`l'r i.= ~~ a rt; kr .tee; :f e~ ~.~~ ` 9`~~~~ ~ .~~ ~~~ A. Planning Considerations -The following criteria shall be used as guidelines in the review and approval of a private street subdivision. 1. Streets shown on the adopted Thoroughfare Plan of the City of Colleyville must not be used, maintained or constructed as private streets. 2. A subdivision with private streets and alleys must not impede or cross an existing or proposed street as shown on the City's most recent Thoroughfare Plan or approved preliminary or final plats. 3. A subdivision with private streets and alleys must not disrupt or disconnect an existing or proposed City of Colleyville public pedestrian pathway, hike and bike trail, or park as shown on the City's most recent Park Plan. 4. The perimeter of a subdivision with private streets and alleys must include a minimum of eighty (80) feet of contiguous frontage upon a public street. 5. The proposed subdivision with private streets must be zoned for residential purposes in accordance with the Colleyville Land Development Code, and contain twenty-five (25) single- family lots or greater. B. Public Access Considerations - In addition to the above conditions of approval, the Planning and Zoning Commission may recommend denial and the City Council may reject a request for a subdivision with private streets if in the Commission's and Council's judgment the private streets would negatively affect traffic circulation on public streets, impair access to properties or future developments that are either on- site or off-site to the subdivision, impair access to or from public facilities such as schools, parks and libraries, etc., or delay the response time of emergency vehicles. C. Private Street Sidewalks and Drainage Design and Construction Standards -Private streets and sidewalks must conform to the same standards regulating the design and construction of public streets and sidewalks contained in this Land Development Code. The drainage system must meet all the requirements of public facilities in this Land Development Code. D. Traffic Signs -All traffic regulatory signs along private streets must conform to the Texas Manual of Uniform Traffic Control Devices and be maintained by the Homeowner's Association (HOA). E. Homeowners Associations (HOA) Required - A subdivision developed with private streets must have a mandatory HOA which includes all properties served by the private streets. The association shall own and be responsible for the maintenance of the private streets and appurtenances. The association's document must indicate that the streets and drainage systems within the development are private, owned and maintained by the association, and that the City has no obligation to maintain the private streets and drainage systems. The documents shall be filed of record prior to the approval of the final plat. A notation shall be included on the final plat stating that the HOA shall own and be responsible for all costs associated with the maintenance and reconstruction of the private streets, drainage facilities sidewalks and related appurtenances, and that the City has no obligation to maintain the Chapter 10 -Private Streets & Entrance Gates Page 10 - 2 Colleyville, Texas, Land Development Code private streets and drainage systems. Lot deeds must convey membership in the association and provide for the payment of dues and assessments required by the association. The association must not be dissolved without the prior written consent of the City. No portion of the association's documents pertaining to the maintenance of the private streets and assessments thereto shall be amended without the written consent of the City. F. Private Street Inspections. ~-Brea,~_~r c~ ~hmi4 +~ 4hc. rifii .~ r.f Oho `'~ ~ 7 ~ The City shall have authority to inspect all streets, drainage facilities, and related appurtenances on a periodic basis to determine the need for repairs to these capital facilities. The HOA shall repair all drainage and street facilities when instructed to do so by the City, subject to appeal to the City Council. Failure by the HOA to make repairs to streets or drainage facilities which impact drainage up or downstream from the development may result in the completion of needed repairs by the City with an assessment of all costs plus interest accrued from the time the City installs the improvements until all funds are collected. HOA documents must detail this City authority and shall not be amended without City approval. G. Private Street Lot -Private streets must be constructed within a separate lot owned by the HOA. This lot must conform to the City's standards for public street and alley right-of-way. An easement covering the street lot must be granted to the City providing unrestricted use of the property for utilities and the maintenance of same. This right shall extend to all utility providers including telecable companies operating within the City. The easement must also provide the City with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection and code enforcement. The easement shall permit the City to remove any vehicle or obstacle within the private street lot that impairs emergency access. H. Construction and Maintenance Cost -The City shall not pay for any portion of the cost of constructing or maintaining a private street. City Utilities -Water, sanitary sewer, storm drainage facilities placed within the private street and alley lot shall be installed to city standards. After completion and acceptance of such facilities, the water and sanitary sewer facilities shall be dedicated to the city. All storm drainage facilities in the subdivision shall remain within the ownership and maintenance responsibilities of the HOA. All city regulations relating to infrastructure financing, performance bonds, developer cost participation and capital cost recovery shall apply to developments with private streets. Any and all city executable maintenance bonds covering subdivision construction shall be transferred to the HOA upon approval of the private street subdivision by the City Council. Plans & Inspections -Proposed subdivision with private streets must submit to the City the same plans and engineering information required to construct public streets, utilities and related appurtenances. Requirements pertaining to inspection and approval of improvements prior to the City's acceptance of the subdivision shall apply. Fees charged for these services shall also apply. The City shall have the right to inspect the private streets and related appurtenances at any time, and require the HOA to provide the repairs needed to ensure emergency access. The City Council shall be the final judge of whether such repairs are needed. K. Access Restrictions -Guard houses, access control gates and cross arms may be constructed. All restricted access entrances must be manned 24 hours every day, or provide an alternative means of ensuring access to the subdivision by the City and other utility service providers with appropriate identification. If the HOA fails to maintain reliable access as required to provide city or utility services, the City shall have the right to enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the HOA, subject to approval by the City Council. The HOA's documents must contain provisions in conformity with this paragraph which must not be amended without the written consent of the City. Chapter 10 -Private Streets & Entrance Gates Page 10 - 3 Colleyville, Texas, Land Development Code Restricted Access Entrance Design Standards -Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of 24 feet at the location of the access control device. If an overhead barrier is used, it must have a minimum height above the road surface as required by the Fire Code for fire lanes. The design of all gates, cross arms and access control devices, including automatic opening systems and manual backup systems, must meet City guidelines or policies and must be approved by the City prior to installation. The gates, cross arms and opening devices must be tested and accepted by the City prior to being put into operation. Gate designs may incorporate one or two gate sections to meet the required minimum width of 24 feet. If the entrance is to incorporate a median, guard shack, or similar structure that necessitates a divided gate arrangement, the gate and street pavement widths may be reduced if approved by the City, but in no case shall any single gate or street pavement have a clear opening of less than 18 feet in width nor fourteen (14) feet in height. (0-00- 1261 / 12/19/00) All restricted access entrances shall be equipped with the Opticom gate opening system. The system shall be maintained by the HOA in good working condition at all times. M. Visitor Entrance Design Standards - At least one entrance per subdivision with private streets must be equipped for visitor access. In addition to the above Restricted Access Entrance Design Standards, said visitor entrance must be equipped with a call or code box located at least 50 feet from the boundary of the subdivision to provide for visitors calling in and automobile queuing. The City reserves the right to require the developer to provide a detailed study to determine if the traffic generated by the proposed development will warrant the call or code box to be set back greater than the 50 foot minimum requirement in order to ensure sufficient vehicle storage or queuing space. Aturn-around space with a minimum outside radius of 30 feet must be located between any call or code box and access control gate or cross arm to allow vehicles denied access to safely exit onto public streets in a "head out" position. A sign must be erected next to the edge of such turn around space to prohibit vehicle parking in such space. Residents entrance used in combination with a visitor entrance shall comply with the requirements of this paragraph. N. Resident Only Entrance Design Standards - In addition to the above Restricted Access Entrance Design Standards, an access control gate or cross arm that requires residents to use a key, card or code to gain access must be set back a minimum of 50 feet from the boundary of the subdivision to provide for automobile queuing. Resident entrances equipped with an electronic opener that allows residents to remotely open the control access gate or cross arm and enter the subdivision without having to stop are exempted from this requirement. A sign must be erected next to any resident entrance that does not meet the 50 feet setback requirement of this paragraph and does not provide aturn-around space with a minimum outside radius of 30 feet to indicate that it is for resident use only and not for visitors. O. Hold Harmless -The subdivision final plat and the HOA's documents must contain language whereby the HOA, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, its officers, agents, licensees, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly: a) the reasonable use of the private streets, emergency access, utility easements, entrance gate or structure by the City, its officers, agents, licensees, servants and employees; b) the condition of the private streets, private street lights, private entrance gates or structures, private walls or fences, private pedestrian access, private storm drainage systems and emergency access; or c) any use of the subdivision with private streets by the City, its officers, agents, licensees, servants and employees for any purpose related to the exercise of a governmental function or service, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of City. The HOA shall be responsible for carrying liability insurance to meet the requirements in this paragraph. Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. P. Revocation of Private Street Permit -The City Council, after giving a sixty (60) day notice to the HOA, its successors or assignees and after holding a public hearing, may revoke a private street permit issued to a subdivision with private streets if the Council finds that the private street permit was obtained by fraud or deception, or if the HOA fails to provide reliable emergency access. The revocation of a private street permit shall give the City the right to inspect the private streets and levy an assessment upon each lot on Chapter 10 -Private Streets & Entrance Gates Page 10 - 4 Colleyville, Texas, Land Development Code a pro-rata basis for the expense of needed repairs. Said assessment shall constitute an assessment lien upon the lot against which each assessment is made. The City Council shall be the final judge of whether repairs are needed. The City shall also have the right to require, at the HOA's expense, the removal of guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot. If the permit is revoked, the HOA ::!!! fc;-F°~+ + +h C'+ ,!:c ,,,,,,w,,,,, w ;!u,,,,,, cf tt: ~~' vw cv a ~°c ~ ~ ':^y reserve fund is insaffisient, t#~-let~ro will be assessed the d+#ere~se cost for appropriate maintenance. The HOA's documents must provide for the City's right to require said assessment and removal of improvements. Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. O. Petition to Convert to Public Streets -The HOA may petition the City Council to accept private streets as public streets and rights-of-way upon written notice to all HOA members and upon receipt of the notarized signatures of 100% of the HOA's membership indicating approval. However, in no event shall the City be obligated to accept the private streets as public. Should the City Council elect to grant the petition, the City shall have the right to inspect the private streets and estimate the expense of repairing the private streets and removing gates, guard houses, access control devices, landscaping or other amenities located within the private street lot. The City shall be the final judge of whether repairs are needed to the private streets prior to acceptance. Before approval by the City Council, the petitioners or their designee must contract with the City for payment of 100% of the City's estimated expenses. R. Petition to Convert to Private Streets -The homeowners may petition the City Council to convert public streets to private streets upon written notice to all the neighborhood's members and upon receipt of the notarized signatures of 100% of the neighborhood's homeowners indicating approval. A subdivision petitioning to have private streets must have a mandatory HOA which includes all properties proposed to be served by the private streets. However, in no event shall the City be obligated to convert public streets to private streets. ~ , ##e-#~9~ Upon receipt of a reauest to convert a public street subdivision to a private street subdivision, the petitioner shall provide an analvsis of the long term maintenance and reconstruction obligation for the subdivision. This analvsis shall be prepared and stamped by a private engineering firm and shall be submitted to the Citv of Collewille. The homeowner's association will be responsible for the repair or replacement of anv public facilities damaged during the maintenance and reconstruction of the private streets and drainage facilities. Public facilities include. but are not limited to, sanitary sewer and water facilities. A notation within the homeowner's association documents stating that all costs associated with the maintenance and reconstruction of the private streets. drainage facilities sidewalks and related appurtenances shall be the responsibility of the homeowner's association. S. City Attorney Review -All HOA's documents must be reviewed and approved by the City Attorney to ensure that they conform to this and other applicable City policies prior to being filed of record at the County. The developer of a new subdivision shall pay for the cost of the City Attorney's review. T. Subdivision Plat Requirements -The plat dedication certificate and conditions of approval shown in the attached Exhibits "10-A" and "10-B" must be provided in all final plats for subdivisions with private streets." U. Permit Fee - To defray the cost of processing the application, and maintaining City owned electronic emergency equipment, an application fee of $700 shall be paid prior to scheduling the application for public hearing." Chapter 10 -Private Streets & Entrance Gates Page 10 - 5 Colleyville, Texas, Land Development Code EXHIBIT "10-A" PLAT DEDICATION CERTIFICATE NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT: THAT ,acting by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the hereinabove described real property as an addition to the City of Colleyville, Tarrant County, Texas, and does hereby dedicate to the public's use the emergency access and utility easements shown thereon subject to the conditions of approval stated herein. WITNESS MY HAND at Colleyville, Tarrant County, Texas, this day of , 20_ (provide name and title) EXHIBIT "10-B" CONDITIONS OF APPROVAL: 1. Lot 1, Block A denotes the private access and private drainage easement owned by the Homeowners Association (HOA) of No building permit will be issued for Lot 1, Block A. 2. The landowners and any subsequent owners of lots shown herein (the Lot Owners), jointly and severally, shall be responsible and liable for the construction, operation and maintenance of any private common areas or facilities in the addition created herein (the Addition), including but not limited to private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems, private lake, private open space and landscaping, and emergency access. 3. A HOA shall be established by the subdivider or developer to operate and/or maintain the aforementioned private common areas or facilities. 4. The City of Colleyville, Texas (the City) shall not be responsible for maintaining any of the aforementioned private common areas or facilities. The City will maintain only the public water and sanitary sewer systems in utility easements accepted by the City. 5. The HOA, lot owners, and landowners shall not seek maintenance from the City except for the aforementioned public water and san v sewer systems in utility easements accepted by the City. 6. Any public utility entities, including the City, shall have the right at all times of ingress and egress to and from and upon the utility easements shown herein for the purpose of construction, reconstruction, inspection, patrolling, maintaining, and adding to or removing all or part of its respective systems. Except for private storm drainage systems, private streets and related entrance gates or structures that are approved by the City, no buildings, fences, structures, trees, shrubs, or other improvements or growths shall be constructed or placed upon, or across said public utility easements. Any public utility entity, including the City, shall have the right to remove and keep removed all or parts of any Chapter 10 -Private Streets & Entrance Gates Page 10 - 6 Colleyville, Texas, Land Development Code buildings, fences, structures, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with its respective systems within said utility easements. 7. The City shall have the right at all times to remove and keep removed any vehicle or obstacle that impairs emergency access in the emergency access easements shown herein. 8. Any governmental entities, including the City, shall have the right at all times of ingress and egress to and from and upon the private access easements shown herein for any purpose related to the exercise of a governmental service or function. If the HOA or lot owners fail to maintain reliable access to any public utility or governmental entities for purposes stated hereinabove, the City may enter the Addition and remove any entrance gate or structure which is a barrier to access at the sole expense of the HOA or lot owners on a pro-rata share formula. 10. The construction, reconstruction or repair of any private streets within the Addition must meet the approval of the ~'+~~ ~^^'^°°~ Director of Public Works and comply with the specifications of the City for public streets at the time of construction, reconstruction or repair. The construction, reconstruction or repair of any entrance gate and structure for the Addition must meet the approval of the Engineering Department and Fire Department of the City. 11. The installation or replacement of all traffic regulatory signs along the private streets must conform to the Texas Manual of Uniform Traffic Control Devices. 12. THE HOA AND LOT OWNERS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY: (A) THE REASONABLE USE OF THE PRIVATE STREETS, EMERGENCY ACCESS, UTILITY EASEMENTS, ENTRANCE GATE OR STRUCTURE BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES; (B) THE CONDITION OF THE PRIVATE STREETS, PRIVATE ENTRANCE GATES OR STRUCTURES, PRIVATE WALLS AND FENCES, PRIVATE PEDESTRIAN ACCESS, PRIVATE STORM DRAINAGE SYSTEMS AND EMERGENCY ACCESS; OR (C) ANY USE OF THE ADDITION BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES FOR ANY PURPOSE STATED HEREINABOVE, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY. THE HOA SHALL BE RESPONSIBLE FOR CARRYING LIABILITY INSURANCE TO MEET THE REQUIREMENTS IN THIS PARAGRAPH. Reserved for listing of amendments to this Chapter. Ord. Number Date Sub'ect 0-00-1261 12/19/00 Restricted Access Entrance Desi n Standards 0-05-1513 03/01/05 Revisions to entire Cha ter Chapter 10 -Private Streets & Entrance Gates Page 10 - 7 Private Street Subdivisions Subdivisions with Private Streets Subdivision Name Zoning Acres Number of Lots Date of Subdivision Status Area of Private Streets Thornbu Brook Meadows R20 195.8 248 10/4/85 Developed n/a Hills Of Central Park R30 27.0 26 05/01/89 Developed n/a Woodland Hills Block 20 R20 - 27 05/21/91 Developed n/a Montclair Parc R20 64.3 78 12/01/92 Developed n/a Lakewood Estates PUDR 30.6 85 02/17/95 Developed n/a S rin Garden PUDR 6. 45 05/20/97 Developed n/a Shalimar PUDR 19.0 31 01/01/98 Developed n/a The Villas at Caldwell's Creek PUDR 11.5 43 01/01/98 Developed n/a Tan lewood PUDR 25.9 12 05/16/00 Developed n/a The Sa hire Enclave R20/R30 7.3 32 01/18/01 Developed n/a Clairemont R20 50.3 86 03/01/01 Developed n/a Strathmore PUDR 8.4 14 06/04/02 Developed n/a Emerald Park PUDR 20.3 72 05/20/03 Developed n/a Beldon Hollow PUDR 16.1 16 09/01/03 Developed n/a Tiffan Park PUDR 7.1 25 06/04/04 Developed n/a Rosewood Villas PUDR 14.7 53 08/02/04 Developed n/a Rockrimmon R20 12.1 13 10/05/04 Developed n/a Castleton Manor R40 & R20 24.1 33 09/20/05 Developed n/a Herita a Oaks PUDR 22.7 124 09/05/06 Under Construction n/a Co er len PUDR 5.6 22 03/06/07 Under Construction n/a Villas at Oak Pointe PUDR 20.0 74 03/20/07 Under Construction n/a Hi hland Park R20 6.6 12 06/05/07 Under Construction n/a Villas of Colle ville PUDR 19.5 72 12/04/07 Under Construction n/a Totals 1,243 n/a ORDINANCE 0-08-1655 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 10, PRIVATE STREETS AND ENTRANCE GATES, OF THE LAND DEVELOPMENT CODE, TO ADD CLARITY TO THE REGULATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, to adopt the Land Development Code; and WHEREAS, the City Council of the City of Colleyville desires to amend certain portions of the Land Development Code regarding private streets and entrance gates by adding clarity to the regulations; 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 0-08-1655 Page 2 of 3 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 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 Chapter 10 -Private Streets and Entrance Gates of the Land Development Code is hereby amended in its entirety and replaced to read as shown in the attached as Exhibit "A". Sec. 3. THAT Ordinance 0-00-1214, the Land Development Code of the City of Colleyville, as amended herein, shall remain in effect, except where amended by this ordinance. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance and 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 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Ordinance 0-08-1655 Page3of3 APPROVED AS TO FORM AND LEGALITY: Matthew C.G. Boyle City Attorney Exhibit "A" Colleyville, Texas, Land Development Code The purpose of this Chapter is to establish regulations for gated subdivisions and/or with privately owned streets. ~ ~ r ~ Any person seeking approval of a development as required by this Land Development Code may request a waiver from a requirement contained in this Chapter, or appeal a decision of an administrative official by submitting a request using the procedures described in Chapter 1 -General Provisions of this Land Development Code. Definitions applicable to this Chapter may be found in Chapter 2 -Definitions of this Land Development Code. ,.~,~{ ~ . The regulations contained in this Chapter shall be applicable to any proposed subdivision plat, or to any request to convert a public street to a private street, submitted for approval by the City of Colleyville after October 20, 1998. u x n. ,... . ._. gam, e~ ~,^ ~ ~ ~~- ,~ .... ~ , ,. .,~ ~ , . ,~ ~. A City Council Approval Required - No existing subdivision shall convert any public street to a private street unless such request has been approved by the City Council, after receiving recommendation from the Planning and Zoning Commission. Furthermore, no proposed subdivision plat shall include a private street unless such plat is approved by the City Council, after receiving recommendation from the Planning Chapter 10 -Private Streets & Entrance Gates Page 10 - 1 Colleyville, Texas, Land Development Code and Zoning Commission. The terms "private street" or "private streets" shall be inclusive of streets, alleys, storm drainage systems, entrance gates and structures, sidewalks and traffic signs. B. Public Hearings Required - A public hearing shall be required by the Planning and Zoning Commission and City Council for a request for an existing subdivision proposing to convert a public street to a private street. Written notice of such public hearings shall be mailed to the owners of real property situated within 200 feet of the proposed private street subdivision as listed on the last approved City tax roll. Such notice to be mailed not less than ten (10) days before the day set for public hearing. Such notice may be served by depositing letters properly addressed and postage paid in the City Post Office. _ ) ~. ~~ A. Planning Considerations -The following criteria shall be used as guidelines in the review and approval of a private street subdivision. 1. Streets shown on the adopted Thoroughfare Plan of the City of Colleyville must not be used, maintained or constructed as private streets. 2. A subdivision with private streets and alleys must not impede or cross an existing or proposed street as shown on the City's most recent Thoroughfare Plan or approved preliminary or final plats. A subdivision with private streets and alleys must not disrupt or disconnect an existing or proposed City of Colleyville public pedestrian pathway, hike and bike trail, or park as shown on the City's most recent Park Plan. 4. The perimeter of a subdivision with private streets and alleys must include a minimum of eighty (80) feet of contiguous frontage upon a public street. The proposed subdivision with private streets must be zoned for residential purposes in accordance with the Colleyville Land Development Code, and contain twenty-five (25) single- family lots or greater. B. Public Access Considerations - In addition to the above conditions of approval, the Planning and Zoning Commission may recommend denial and the City Council may reject a request for a subdivision with private streets if in the Commission's and Council's judgment the private streets would negatively affect traffic circulation on public streets, impair access to properties or future developments that are either on- site or off-site to the subdivision, impair access to or from public facilities such as schools, parks and libraries, etc., or delay the response time of emergency vehicles. C. Private Street. Sidewalks and Drainage Design and Construction Standards -Private streets and sidewalks must conform to the same standards regulating the design and construction of public streets and sidewalks contained in this Land Development Code. The drainage system must meet all the requirements of public facilities in this Land Development Code. D. Traffic Signs -All traffic regulatory signs along private streets must conform to the Texas Manual of Uniform Traffic Control Devices and be maintained by the Homeowner's Association (HOA). E. Homeowners Associations (HOA) Required - A subdivision developed with private streets must have a mandatory HOA which includes all properties served by the private streets. The association shall own and be responsible for the maintenance of the private streets and appurtenances. The association's document must indicate that the streets and drainage systems within the development are private, owned and maintained by the association, and that the City has no obligation to maintain the private streets and drainage systems. The documents shall be filed of record prior to the approval of the final plat. A notation shall be included on the final plat stating that the HOA shall own and be responsible for all costs associated with the maintenance and reconstruction of the private streets, drainage facilities, sidewalks and related appurtenances, and that the City has no obligation to maintain the private streets and Chapter 10 -Private Streets & Entrance Gates Page 10 - 2 Colleyville, Texas, Land Development Code drainage systems. Lot deeds must convey membership in the association and provide for the payment of dues and assessments required by the association. The association must not be dissolved without the prior written consent of the City. No portion of the association's documents pertaining to the maintenance of the private streets and assessments thereto shall be amended without the written consent of the City. F. Private Street Inspections. The City shall have authority to inspect all streets, drainage facilities, and related appurtenances on a periodic basis to determine the need for repairs to these capital facilities. The HOA shall repair all drainage and street facilities when instructed to do so by the City, subject to appeal to the City Council. Failure by the HOA to make repairs to streets or drainage facilities which impact drainage up or downstream from the development may result in the completion of needed repairs by the City with an assessment of all costs plus interest accrued from the time the City installs the improvements until all funds are collected. HOA documents must detail this City authority and shall not be amended without City approval. G. Private Street Lot -Private streets must be constructed within a separate lot owned by the HOA. This lot must conform to the City's standards for public street and alley right-of-way. An easement covering the street lot must be granted to the City providing unrestricted use of the property for utilities and the maintenance of same. This right shall extend to all utility providers including telecable companies operating within the City. The easement must also provide the City with the right of access for any purpose related to the exercise of a governmental service or function, including but not limited to fire and police protection, inspection and code enforcement. The easement shall permit the City to remove any vehicle or obstacle within the private street lot that impairs emergency access. H. Construction and Maintenance Cost -The City shall not pay for any portion of the cost of constructing or maintaining a private street. City Utilities -Water, sanitary sewer, storm drainage facilities placed within the private street and alley lot shall be installed to city standards. After completion and acceptance of such facilities, the water and sanitary sewer facilities shall be dedicated to the city. All storm drainage facilities in the subdivision shall remain within the ownership and maintenance responsibilities of the HOA. All city regulations relating to infrastructure financing, performance bonds, developer cost participation and capital cost recovery shall apply to developments with private streets. Any and all city executable maintenance bonds covering subdivision construction shall be transferred to the HOA upon approval of the private street subdivision by the City Council. Plans & Inspections -Proposed subdivision with private streets must submit to the City the same plans and engineering information required to construct public streets, utilities and related appurtenances. Requirements pertaining to inspection and approval of improvements prior to the City's acceptance of the subdivision shall apply. Fees charged for these services shall also apply. The City shall have the right to inspect the private streets and related appurtenances at any time, and require the HOA to provide the repairs needed to ensure emergency access. The City Council shall be the final judge of whether such repairs are needed. K. Access Restrictions -Guard houses, access control gates and cross arms may be constructed. All restricted access entrances must be manned 24 hours every day, or provide an alternative means of ensuring access to the subdivision by the City and other utility service providers with appropriate identification. If the HOA fails to maintain reliable access as required to provide city or utility services, the City shall have the right to enter the subdivision and remove any gate or device which is a barrier to access at the sole expense of the HOA, subject to approval by the City Council. The HOA's documents must contain provisions in conformity with this paragraph which must not be amended without the written consent of the City. L. Restricted Access Entrance Design Standards -Any private street which has an access control gate or cross arm must have a minimum uninterrupted pavement width of 24 feet at the location of the access control device. If an overhead barrier is used, it must have a minimum height above the road surface as required by the Fire Code for fire lanes. The design of all gates, cross arms and access control devices, including automatic opening systems and manual backup systems, must meet City guidelines or policies and must be approved by the City prior to installation. The gates, cross arms and opening devices must be tested and accepted by the City prior to being put into operation. Gate designs may incorporate one Chapter 10 -Private Streets & Entrance Gates Page 10 - 3 Colleyville, Texas, Land Development Code or two gate sections to meet the required minimum width of 24 feet. If the entrance is to incorporate a median, guard shack, or similar structure that necessitates a divided gate arrangement, the gate and street pavement widths may be reduced if approved by the City, but in no case shall any single gate or street pavement have a clear opening of less than 18 feet in width nor fourteen (14) feet in height. (0-00- 1261 / 12/19/00) All restricted access entrances shall be equipped with the Opticom gate opening system. The system shall be maintained by the HOA in good working condition at all times. M. Visitor Entrance Design Standards - At least one entrance per subdivision with private streets must be equipped for visitor access. In addition to the above Restricted Access Entrance Design Standards, said visitor entrance must be equipped with a call or code box located at least 50 feet from the boundary of the subdivision to provide for visitors calling in and automobile queuing. The City reserves the right to require the developer to provide a detailed study to determine if the traffic generated by the proposed development will warrant the call or code box to be set back greater than the 50 foot minimum requirement in order to ensure sufficient vehicle storage or queuing space. Aturn-around space with a minimum outside radius of 30 feet must be located between any call or code box and access control gate or cross arm to allow vehicles denied access to safely exit onto public streets in a "head out" position. A sign must be erected next to the edge of such turn around space to prohibit vehicle parking in such space. Residents entrance used in combination with a visitor entrance shall comply with the requirements of this paragraph. N. Resident Only Entrance Design Standards - In addition to the above Restricted Access Entrance Design Standards, an access control gate or cross arm that requires residents to use a key, card or code to gain access must be set back a minimum of 50 feet from the boundary of the subdivision to provide for automobile queuing. Resident entrances equipped with an electronic opener that allows residents to remotely open the control access gate or cross arm and enter the subdivision without having to stop are exempted from this requirement. A sign must be erected next to any resident entrance that does not meet the 50 feet setback requirement of this paragraph and does not provide aturn-around space with a minimum outside radius of 30 feet to indicate that it is for resident use only and not for visitors. O. Hold Harmless -The subdivision final plat and the HOA's documents must contain language whereby the HOA, as owner of the private streets and appurtenances, agrees to release, indemnify, defend and hold harmless the City, its officers, agents, licensees, servants and employees, from and against any and all claims or suits for property damage or loss and/or personal injury, including death, to any and all persons, of whatsoever kind of character, whether real or asserted, arising out of or in connection with, directly or indirectly: a) the reasonable use of the private streets, emergency access, utility easements, entrance gate or structure by the City, its officers, agents, licensees, servants and employees; b) the condition of the private streets, private street lights, private entrance gates or structures, private walls or fences, private pedestrian access, private storm drainage systems and emergency access; or c) any use of the subdivision with private streets by the City, its officers, agents, licensees, servants and employees for any purpose related to the exercise of a governmental function or service, whether or not caused, in whole or in part, by alleged negligence of officers, agents, servants, employees, contractors, subcontractors, licensees or invitees of City. The HOA shall be responsible for carrying liability insurance to meet the requirements in this paragraph. Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. P. Revocation of Private Street Permit -The City Council, after giving a sixty (60) day notice to the HOA, its successors or assignees and after holding a public hearing, may revoke a private street permit issued to a subdivision with private streets if the Council finds that the private street permit was obtained by fraud or deception, or if the HOA fails to provide reliable emergency access. The revocation of a private street permit shall give the City the right to inspect the private streets and levy an assessment upon each lot on a pro-rata basis for the expense of needed repairs. Said assessment shall constitute an assessment lien upon the lot against which each assessment is made. The City Council shall be the final judge of whether repairs are needed. The City shall also have the right to require, at the HOA's expense, the removal of guard houses, access control devices, landscaping or other aesthetic amenities located within the street lot. If the permit is revoked, the HOA will be assessed the cost for appropriate maintenance. The HOA's documents must provide for the City's right to require said assessment and removal of improvements. Chapter 10 -Private Streets & Entrance Gates Page 10 - 4 Colleyville, Texas, Land Development Code Those portions of the HOA's documents pertaining to the subject matter contained in this paragraph must not be amended without the written consent of the City. Q. Petition to Convert to Public Streets -The HOA may petition the City Council to accept private streets as public streets and rights-of-way upon written notice to all HOA members and upon receipt of the notarized signatures of 100% of the HOA's membership indicating approval. However, in no event shall the City be obligated to accept the private streets as public. Should the City Council elect to grant the petition, the City shall have the right to inspect the private streets and estimate the expense of repairing the private streets and removing gates, guard houses, access control devices, landscaping or other amenities located within the private street lot. The City shall be the final judge of whether repairs are needed to the private streets prior to acceptance. Before approval by the City Council, the petitioners or their designee must contract with the City for payment of 100% of the City's estimated expenses. R. Petition to Convert to Private Streets -The homeowners may petition the City Council to convert public streets to private streets upon written notice to all the neighborhood's members and upon receipt of the notarized signatures of 100% of the neighborhood's homeowners indicating approval. A subdivision petitioning to have private streets must have a mandatory HOA which includes all properties proposed to be served by the private streets. However, in no event shall the City be obligated to convert public streets to private streets. Upon receipt of a request to convert a public street subdivision to a private street subdivision, the petitioner shall provide an analysis of the long term maintenance and reconstruction obligation for the subdivision. This analysis shall be prepared and stamped by a private engineering firm and shall be submitted to the City of Colleyville. The homeowner's association will be responsible for the repair or replacement of any public facilities damaged during the maintenance and reconstruction of the private streets and drainage facilities. Public facilities include, but are not limited to, sanitary sewer and water facilities. A notation within the homeowner's association documents stating that all costs associated with the maintenance and reconstruction of the private streets, drainage facilities, sidewalks and related appurtenances shall be the responsibility of the homeowner's association. S. City Attorney Review -All HOA's documents must be reviewed and approved by the City Attorney to ensure that they conform to this and other applicable City policies prior to being filed of record at the County. The developer of a new subdivision shall pay for the cost of the City Attorney's review. T. Subdivision Plat Requirements -The plat dedication certificate and conditions of approval shown in the attached Exhibits "10-A" and "10-B" must be provided in all final plats for subdivisions with private streets." U. Permit Fee - To defray the cost of processing the application, and maintaining City owned electronic emergency equipment, an application fee of $700 shall be paid prior to scheduling the application for public hearing." Chapter 10 -Private Streets & Entrance Gates Page 10 - 5 Colleyville, Texas, Land Development Code EXHIBIT "10-A" PLAT DEDICATION CERTIFICATE NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENT: THAT ,acting by and through the undersigned, its duly authorized agent, does hereby adopt this plat designating the hereinabove described real property as an addition to the City of Colleyville, Tarrant County, Texas, and does hereby dedicate to the public's use the emergency access and utility easements shown thereon subject to the conditions of approval stated herein. WITNESS MY HAND at Colleyville, Tarrant County, Texas, this day of , 20_ (provide name and title) EXHIBIT "10-B" CONDITIONS OF APPROVAL: Lot 1, Block A denotes the private access and private drainage easement owned by the Homeowners Association (HOA) of No building permit will be issued for Lot 1, Block A. 2. The landowners and any subsequent owners of lots shown herein (the Lot Owners), jointly and severally, shall be responsible and liable for the construction, operation and maintenance of any private common areas or facilities in the addition created herein (the Addition), including but not limited to private streets, private entrance gates or structures, private walls and fences, private pedestrian access, private storm drainage systems, private lake, private open space and landscaping, and emergency access. 3. A HOA shall be established by the subdivider or developer to operate and/or maintain the aforementioned private common areas or facilities. 4. The City of Colleyville, Texas (the City) shall not be responsible for maintaining any of the aforementioned private common areas or facilities. The City will maintain only the public water and sanitary sewer systems in utility easements accepted by the City. 5. The HOA, lot owners, and landowners shall not seek maintenance from the City except for the aforementioned public water and sanitary sewer systems in utility easements accepted by the City. 6. Any public utility entities, including the City, shall have the right at all times of ingress and egress to and from and upon the utility easements shown herein for the purpose of construction, reconstruction, inspection, patrolling, maintaining, and adding to or removing all or part of its respective systems. Except for private storm drainage systems, private streets and related entrance gates or structures that are approved by the City, no buildings, fences, structures, trees, shrubs, or other improvements or growths shall be constructed or placed upon, or across said public utility easements. Any public utility entity, including the City, shall have the right to remove and keep removed all or parts of any buildings, fences, structures, trees, shrubs, or other improvements or growths which may in any way endanger or interfere with its respective systems within said utility easements. 7. The City shall have the right at all times to remove and keep removed any vehicle or obstacle that impairs emergency access in the emergency access easements shown herein. Chapter 10 -Private Streets & Entrance Gates Page 10 - 6 Colleyville, Texas, Land Development Code 8. Any governmental entities, including the City, shall have the right at all times of ingress and egress to and from and upon the private access easements shown herein for any purpose related to the exercise of a governmental service or function. 9. If the HOA or lot owners fail to maintain reliable access to any public utility or governmental entities for purposes stated hereinabove, the City may enter the Addition and remove any entrance gate or structure which is a barrier to access at the sole expense of the HOA or lot owners on a pro-rata share formula. 10. The construction, reconstruction or repair of any private streets within the Addition must meet the approval of the Director of Public Works and comply with the specifications of the City for public streets at the time of construction, reconstruction or repair. The construction, reconstruction or repair of any entrance gate and structure for the Addition must meet the approval of the Engineering Department and Fire Department of the City. 11. The installation or replacement of all traffic regulatory signs along the private streets must conform to the Texas Manual of Uniform Traffic Control Devices. 12. THE HOA AND LOT OWNERS AGREE TO RELEASE, INDEMNIFY, DEFEND AND HOLD HARMLESS THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY DAMAGE OR LOSS AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OF CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY: (A) THE REASONABLE USE OF THE PRIVATE STREETS, EMERGENCY ACCESS, UTILITY EASEMENTS, ENTRANCE GATE OR STRUCTURE BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES; (B) THE CONDITION OF THE PRIVATE STREETS, PRIVATE ENTRANCE GATES OR STRUCTURES, PRIVATE WALLS AND FENCES, PRIVATE PEDESTRIAN ACCESS, PRIVATE STORM DRAINAGE SYSTEMS AND EMERGENCY ACCESS; OR (C) ANY USE OF THE ADDITION BY THE CITY, ITS OFFICERS, AGENTS, LICENSEES, SERVANTS AND EMPLOYEES FOR ANY PURPOSE STATED HEREINABOVE, WHETHER OR NOT CAUSED, IN WHOLE OR IN PART, BY ALLEGED NEGLIGENCE OR OFFICERS, AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS, LICENSEES OR INVITEES OF CITY. THE HOA SHALL BE RESPONSIBLE FOR CARRYING LIABILITY INSURANCE TO MEET THE REQUIREMENTS IN THIS PARAGRAPH. SL yw i:,r k~ yM~~>~~z.~ ~~',s',f,!'f_Lf~s 14w<.jtaV ~a~f •.r: ~ :.i~.:s'. Reserved for listing of amendments to this Chapter. Ord. Number Date Sub'ect 0-00-1261 12/19/00 Restricted Access Entrance Desi n Standards 0-05-1513 03/01/05 Revisions to entire Cha ter Chapter 10 -Private Streets & Entrance Gates Page 10 - 7 ~ 100 Main Street Rt t ~s~,`n%~ J.. ~+ qty ~f C o ~ ~ eyV ~ ~ ~ e Colleyville, Texas 76034 ~...~ (817) 503-1000 ~~~~ Agenda Briefing ~.coiieyviue.com File Number: 0-08-1656 File Number: 0-08-1656 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 01/15/2008 Agenda No.: 6b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to Chapter 3-Land Use, Section 3.24-Schedule of Permitted Uses of the Land Development Code, Case G-08-004 Attachments: Amended Schedule of Permitted Uses Table Ordinance 0-08-1656 History of Legislative File Version: Date: Acting Body: Action Tezt: 01/14/2008 Planning and Zoning Commission 01/15/2008 City Council Title Approval of an amendment to Chapter 3-Land Use, Section 3.24-Schedule of Permitted Uses of the Land Development Code, Case G-08-004 Explanation First Reading and Public Hearing In December 2007, the existing Goodwill donation station located at 51176 Colleyville Boulevard applied for a Special Use Permit (SUP) in order to relocate to a new location at 4917 Colleyville Boulevard. Upon review of the SUP application, staff determined that a donation station use was not listed in the Table of Permitted Uses in the Land Development Code. If an applicant for a special use permit or zoning change proposes a use not listed in the Land Development Code as a permitted use, then the proposed use is prohibited unless added to the Table of Permitted Uses. Staff proposes that a charitable donation station use be added to the Table of Permitted Uses under Retail and Service Uses contingent upon the approval of a SUP only in the CC1-Village Retail, CC2-Shopping Center and CC3-Highway Commercial zoning districts. Approving this amendment to the Land Development Code is not an approval of the SUP request by Goodwill. The SUP request for the relocation of the Goodwill donation station is on hold pending the outcome of the proposed amendment to the Land Development Code. The proposed charitable donation station use is a principle use only and, therefore, does not permit drop boxes, kiosks or trailers that are typically seen in the parking lots of existing businesses of other area cities. As a principle use, it must meet all requirements for City of Colleyville Page 1 Printed on 1/10/2008 Agenda Briefing Continued (0-08-1656) commercial principle uses described in the Land Development Code and the building code in addition to conditions and requirements included as part of the SUP. The proposed changes are highlighted in the attached copy of the Table of Permitted Uses. It is not anticipated that the proposed changes to the Table of Permitted Uses will impact existing businesses within Colleyville as the existing Goodwill donation station is the only known charitable donation station in the City and currently operates as a legal non-conforming use. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommendation was to be determined at the meeting held on January 14, 2008. Financial Impact It has been determined that there is no financial impact. 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O O d a a a` ~ ~ ~ ~ ~ ~ ~ ~ m a a~ J c~ m n m L U ORDINANCE 0-08-1656 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTION 3.24 -SCHEDULE OF PERMITTED USES, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council amended Ordinance 0-00-1214 on January 16, 2007, by enacting Ordinance 0-07-1607 relating to Chapter 3 Land Use, Section 3.24 - Schedule of Permitted Uses, and Section 3.29 - Parking Requirements, of the Land Development Code; and WHEREAS, the City Council amended Ordinance 0-00-1214 and 0-07-1607 on September 4, 2007, by enacting Ordinance 0-07-1633 relating to Chapter 3 Land Use, Sections 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 3.24 - Schedule of Permitted Uses of the Land Development Code; 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 by amending the Schedule of Permitted Uses; 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 to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance 0-08-1656 Page 2 of 3 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT Chapter 3 Land Use, SECTION 3.24 -SCHEDULE OF PERMITTED USES, of the Land Development Code, is hereby amended in its entirety to read as shown in the attached as Exhibit "A". Sec. 3. THAT Ordinance 0-00-1214, 0-07-1607 and 0-07-1633, the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the 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 0-08-1656 Page3of3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. 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 a U c m c 0 m a c m J N h .~ N U ~ fl . 3 ~ L~ f`') N V ~ N f~ OO ~ f0 C f0 C f0 C ~ N l6 C f0 C f6 C f6 C N ~ N a~ L o~ ~ N U ~ ~ N N L ~ -Q (Q 0 oO W W W 00 N ~ Q~ M U M OO (O I~ N -~ ,~ Q. C ~, ~ ~ ~ ci ~ J r ~ N N ~ W tq v~ tq ;~ £QQ y y C y °' ;a Z~~ cn tq ~ L ~ ~ a c z N~ cn ti 'v Odd v~ v~ c a H W a 2' a a c/1 a v~ v~ v~ = 'C ~ ~W21 cn a a o ~ a a v~ a v~ v~ v~ E ~ r v r Qa a a k a a cn a v~ cn to a ~' 94a a rn a a ti a ~ y ti m ~ OZ21 a rn a a cn a v~ v~ y b y ~ m L ~ d .~ 0£21 a ~ a a cn a ti y ti ti ti N ~ Obtl a N a a y a ti a h y y m 321 a cn a a cn a s cn a a a tq cn v~ N JV a h a y a a a a a a tq v~ v~ ri m A F- o t H a C ~ O . 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O ~ 9 ` f0 N f0 fL/1 j N ~ ~ > LL O J O O C L f) :C ~ c~ ~ y ~ c ~ U o o Ti W Q ~ a Q ~ d ~ ~ ~ ~ LL a c ~ fO o c m o ~° ~ ~ J O Q `o m Y c (0 ~ O en f0 2 -o C x ~ C l4 N ~ a~ ~ i° ~ y y O. j ~ V O 0 U C C U N d N t (n (~ m C c0 ~ 01 C t0 0) L ~ U !~ (6 O ~ y > O c0 d fV0 O ~ ~ C . ~+ C _~ V E N ~ « C ~ ~ ld ~ E c C ~ E C C f0 y C N ~ L L ~ U O ~ c C "O v v N w w i° ii O - O 7 a ~ a` 7 ~ ~ a` ~ u~ c°'n ~ f0 ~ O ~ ~p ~ N ~ M m a M a~ Q m s U ,,, '~ Clt of Colle V~~~e 100 Main Street '~ J y y Colleyville, Texas 76034 (817) 503-1000 ~~;; ~~~ www.colle ville.com Agenda Briefing y File Number: 0-08-1657 File Number: 0-08-1657 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 01 /15/2008 Agenda No.: 6c Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to Chapter 7, Section 7-155 of the Land Development Code regarding landmark signs, Case G-08-005 Attachments: Landmark Sign Examples Ordinance 0-08-1657 History of Legislative File Version: Date: Acting Body: Action Text: 01/15/2008 City Council Title Approval of an amendment to Chapter 7, Section 7-155 of the Land Development Code regarding landmark signs, Case G-08-005 Explanation First Reading and Public Hearing An issue identified during the SH26 redevelopment study stakeholder meetings was the restrictions placed upon shopping center signage. Shopping center retailers along SH26 indicated the need to utilize more visible multi-tenant signs with design criteria not currently permitted by the Land Development Code. Citing existing developments in neighboring cities, shopping center representatives have requested staff consider amending the sign ordinance to incorporate standards allowing multi-tenant signs that offer greater visibility. Staff recommends adopting the regulations to permit the use of architecturally significant landmark signs, which would require City Council approval. Landmark signs "brand" a shopping center by providing a recognizable architectural feature associated with the development. The intent of the ordinance is to promote the use of landmark signs that will be free standing, four-sided structures providing an effective area for multi-tenant advertisement. A landmark sign will not exceed 35-feet in height and shall be architecturally compatible to the principle building(s) on the property or overall architectural theme of a development. A Major Multi-Tenant Shopping Center shall include retail shopping centers that contain more than four (4) tenants and contain a minimum of 100,000 square feet of gross floor area. Staff recommends the adoption of minimum design criteria to aid in the review of proposed landmark signs. The proposed design criteria include structural height, width, City of Colleyville Page 1 Printed on 1/11/2008 Agenda Briefing Continued (0-08-1657) advertisement effective area, and a minimum commercial development square footage. Staff proposes that all landmark signs require the approval of City Council. Staff believes the proposed sign amendment would encourage tenants and developers to consider a Colleyville location and would provide an incentive for retailers to redevelop existing shopping centers in Colleyville. The proposed amendment to Chapter 7 of the Land Development Code does not require any review or recommendation from the Sign Board of Adjustment or the Planning and Zoning Commission. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 1/11/2008 Landmark Sign Examples i i i Painted opaque face - 'halo' letters backlit Letters mounted 2' - - _ ~' off facx of stony Tst+nr'r ~ tBNANTS ~tsrtstrr s sB~rnKr ~ f ~ ~,. r''.. ~ h ,.~. ~ ~u ~'`~„~ ~~ ~ ~`~ 4 h ~ r ~ ,. [ •-~ . . . ~u[~ ~ ~. t ~~. ~ . ~~.,.. . -..-~. s :,~: .. ... , , >> 3 R.. ,, ...u ~; ....~ , ~; ~, .; _s ORDINANCE 0-08-1657 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 7, SIGN REGULATIONS, SECTION 7-155 -SPECIAL PURPOSE SIGN DISTRICTS AND REGULATIONS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR 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 Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; 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 sign ordinance by amending the Special Purpose Sign Districts and Regulations; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing. WHEREAS, all statutory and legal prerequisites for the passage of this ordinance have been met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all 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 Chapter 7 -Sign Regulations, of the Land Development Code, is hereby amended to amend Section 7-155 regarding Major Shopping Center Sign Areas to read as shown in the attached as Exhibit "A". Sec. 3. 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 filed and pending in the Municipal Court of the City of Colleyville, Texas, shall be deemed repealed only when all such cases filed 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. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall upon conviction be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Exhibit "A" B. Major Multi-Tenant Shopping Center Sign Areas - A Special Purpose Sign District for a Major Multi- Tenant Shopping Center may be approved by the City Council provided the following minimum requirements are met. A Major Multi-Tenant Shopping Center shall include retail shopping centers that contain more than four (4) tenants and contain a minimum of 100,000 square feet of gross floor area for the purpose of this sign regulation. 1. Major Shopping Center Landmark Signs: The purpose of a major shopping center landmark sign is to identify a major shopping center and the name of a business, profession, service, product or activity conducted, sold or offered within the major shopping center. A landmark sign shall mean a free standing four-sided sign that provides an effective area for multi-tenant advertisement and shall only be permitted within a major multi-tenant shopping center area as defined above. a. Permit: A permit shall be required for a landmark sign upon the review and approval of the City Council. b. Specifications: All landmark signs shall comply with the following minimum requirements: i. Maximum Height: Thirty five feet (35'). ii. Maximum Base Dimensions: Fourteen feet (14') by fourteen feet (14'). iii. Maximum Effective Area of Signage: Five feet (5') in height and ten feet (10') width. iv. Architectural Features: Landmark signs shall be architecturally compatible to the principle building(s) on the property or overall architectural theme of a development. Decorative roof and wall design features, such as parapets, ridges, and eaves, etc. shall be incorporated into the design to provide visual interest. A flat roof line with no articulation is not permitted. v. Signage: Signage for each tenant shall be uniform in size, color and method of construction. ~~ M.. ~,.,.~,.. j O O ~~ 0 One side of four sides I•------ 14 --+I Major Shopping Center Landmark Signs ~a~ <, ~~ ~~~ ~~ ~+~~~~ ~~~~~ 100 Main Street ~~ ' "~`~ ,,~ Y ~•r y Colleyville, Texas 76034 `` ~ (817) 503-1000 °~~~- Agenda Briefing www•colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 01/15/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 8 Final Action: Secretary File Name: Reports -January 15, 2008 Attachments: Senior Center Advisory Committee Minutes -October 18, 2007 Senior Center Advisory Committee Minutes -November 15, 2007 Parks and Recreation Advisory Board Minutes - December 3, 2007 History of Legislative File Version: Date: Acting Body: Action Text: 1 01/15/2008 City Council Title Senior Center Advisory Committee Minutes -October 18, 2007 Senior Center Advisory Committee Minutes -November 15, 2007 Parks and Recreation Advisory Board Minutes -December 3, 2007 City of Colleyville Page 1 Printed on 1/11/2008 G~tY of ~ Il~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, October 18, 2007 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:31 p.m. on Thursday, October 18, 2007 by Connie Hampton, Chair of the Committee. ROLL CALL: Debra Minea, Patrecia Fox, Connie Hampton, Jack Olsen, Wanda Johnson, Dorothy Parker ABSENT: Councilman Tom Hart, Councilman Mike Taylor and Lila Coley STAFF: Renee Garrett, Recreation Supervisor and Monica Walsh, Parks and Recreation Director Call to Order and Roll Call Approval of the September 20, 2007 Senior Center Advisory Committee Minutes A correction was made on page 2 item 7, with the addition of the following paragraph: Jack Olsen gave a report on the computer classes and Debbie Minea reported on the Open Space Committee. Jack Olsen moved to approve the minutes as amended. Debra Minea seconded the motion. The motion carried with a unanimous vote. 3. Introduce New Senior Center Advisory Committee Members New members Wanda Johnson and Dorothy Parker were introduced. Senior Center Advisory Committee October 18, 2007 Page 2 of 3 4. Discussion and Consideration of Senior Center Wish List Debra Minea moved to update the Senior Center Wish List. Patrecia Fox seconded. The motion carried with a unanimous vote. 5. Elect Senior Center Advisory Committee Chair and Vice-Chair Jack Olsen made a motion to elect Debbie Minea as Chair. Connie Hampton seconded. The motion carried with a unanimous vote. Connie Hampton made a motion to elect Patrecia Fox as Vice-Chair. Debbie Minea seconded. The motion carried with a unanimous vote. 6. Discussion and consideration of Senior Center Hours Jack Olsen made a motion that the Senior Center hours be as follows: Monday -closed Tuesday - 8:00 a.m. to 2:00 p.m. and 5:00 p.m. to 9:00 p.m. Wednesday -Friday 8:00 a.m. to 2:00 p.m. Wanda Johnson seconded the motion. The motion carried with a unanimous vote. 7 Discussion on items of Interest for Potential Future Action There was no discussion on this item. 8. Discussion of Appointing Members to the Senior Center Advisory Committee Reports -Staff and Committees Renee Garrett, Recreation Supervisor, gave an overview of the senior activities and programs. Debbie Minea gave a report on the Open Space Committee. Jack Olsen reported on the Computer classes. Senior Center Advisory Committee October 18, 2007 Page 3 of 3 10. Adjournment Patrecia Fox moved to adjourn at 2:45 p.m. Connie Hampton seconded the motion. The motion carried with a unanimous vote. Respectfully submitted and approved: Wanda H. Drexel, Administrative Secretary G~tY of ~~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, November 15, 2007 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:31 p.m. on Thursday, November 15, 2007 by Connie Hampton, Chair of the Committee. ROLL CALL: Debra Minea, Patrecia Fox, Connie Hampton, Jack Olsen, ABSENT: Councilman Tom Hart, Councilman Mike Taylor, Lila Coley, Wanda Johnson and Dorothy Parker STAFF: Renee Garrett, Recreation Supervisor and Monica Walsh, Parks and Recreation Director Call to Order and Roll Call Approval of the October 18, 2007 Senior Center Advisory Committee Minutes A correction was made on page 2 item 7 with the deletion of "There was no discussion on this item" and an addition of: "Patrecia Fox discussed the current format of the minutes." A correction was made on page 3 with the deletion of the following: and approved Patrecia Fox moved to approve the minutes as amended. Connie Hampton seconded the motion. The motion carried with a unanimous vote. Senior Center Advisory Committee November 15, 2007 Page 2 of 2 Discussion and Consideration of Senior Center Wish List Debra Minea discussed participant's emergency form process. Monica Walsh gave an update of the Senior Center Acoustic Study. 4. Discussion on Items of Interest for Potential Future Action 5. Reports -Staff and Committees Renee Garrett, Recreation Supervisor, gave an overview of the senior activities programs and discussed Colleyville Senior Center Stationary. Lila Coley volunteered to work on the stationary. Jack Olsen reported on the Computer classes. 6. Citizen comments/presentation regarding items not on the agenda* 7. Adjournment Jack Olsen moved to adjourn at 2:14 p.m. Connie Hampton seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: Wanda H. Drexel, Administrative Secretary G~tY of ~ Il~ Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, December 3, 2007 6:00 p. m. Pat Horn called the meeting to order at 6:04 p.m. on Monday, December 3, 2007, at the Parks and Recreation Office. ROLL CALL: Councilman Tony Licata, Pat Horn, Sheryl Black, Franklin Hyde, Connie Hampton, Joe Ben Hassell, Vince Rosen and Charlie Warren, GISD Liaison ABSENT: Bob Leininger, Steve Dalri STAFF: Monica Walsh, Director of Parks and Recreation, Luke DeFilippis, Recreation Supervisor, Sissy Wesolowski, Recreation Specialist and Wanda Drexel, Administrative Secretary Call to Order Approval of the November 5, 2007 Parks and Recreation Advisory Board Minutes Joe Ben Hassell moved to approve the November 5, 2007 Parks and Recreation Advisory Board minutes. Connie Hampton seconded the motion. The vote was unanimous. 3. Discussion and Consideration of Old City Hall Property Monica Walsh gave an overview of the previous discussions (2005 to the present). Tony Licata, Councilman and Parks and Recreation Advisory, stated City Council had met and decided that they would like the Park and Recreation Advisory Board to brainstorm what property could be used for and to report back to them. He recommended meeting with the neighbors to see what suggestions they might have. Kelly O'Neil, Vice President Colleyville Baseball Association spoke concerning the property. He stated they would like to use for field for T-ball for 5 - 6 year olds. Parks and Recreation Advisory Board December 3, 2007 Page 2 of 2 Sheryl Black made a motion to develop a feasibility study with neighbors and Park Board members. Vince Rosen seconded the motion. The motion passed with 5 ayes and 1 nay. Monica Walsh will send a letter to neighbors and set up meetings. 4. Recreation, Athletics, Tennis and Seniors' Reports Luke DeFilippis, Recreation Supervisor, introduced Sissy Weslowski, the new Recreation Specialist. He provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. Pat Horn requested that the Senior Center track attendance for one month showing how many actual seniors attended the center and how many were from other cities. 5. Park Operations and Capital Improvement Status Reports Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. 6. Citizen Comments/Presentations Regarding Items not on the Agenda Connie Hampton and Sheryl Black informed the board that it was their last meeting and wanted to than k everyone for being so helpful. 6. Adjournment Joe Ben Hassell moved to adjourn at 7:13 p.m. Vince Rosen seconded the motion. The vote was unanimous. Respectfully submitted and approved: Yarc~a, ..~/ . sC° rcr..~ Wanda Drexel, Administrative Secretary RESOLUTION R-08-2933 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JANUARY 15, 2008 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 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor