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HomeMy WebLinkAboutCity Council-Agenda Packets-3/11/2008~, , '~ -l~r ,,., City of Colleyville Agenda Clty COUnCII 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, March 11, 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 -February 2008 PC-2 Discussion and review of funding options for proposed Street Capital Improvement Plan (CIP) program PC-3 Presentation of Economic Development Quarterly Update PC-4 Discusssion of setting a date for a joint meeting of the City Council and Planning and Zoning Commission PC-5 Presentation and discussion of City Council Budget Calendar PC-6 Discussion of the March 11, 2008, 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 - Raman Chandler 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 litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) City of Colleyville Page 1 Printed on 3/6/2008 City Council Agenda March 11, 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. 551.072 - Property - Deliberate the purchase, lease, sale, exchange or value of real property regarding the former Fire Station at 1900 Hall Johnson 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: Bishop Mark Gottfredson, Church of Jesus Christ of Latter Day Saints PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2951 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamations In recognition of The Blue Shoe Project Day in Colleyville -Jeffrey and Michael Dyson, The Blue Shoe Project Founders In recognition of March for Meals Awareness Month in Colleyville -Julie Donovan, Tarrant County Meals on Wheels 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2952 4a Approval of the minutes of the regular City Council meeting held on March 4, 2008 4b Approval of a lease purchase agreement with Baystone Financial Group/Kansas State Bank of Manhattan through Houston-Galveston Area Council of Governments Purchasing Co-Operative (HGAC) for the lease of a Ford F-450 Frazer ambulance, in the amount of $176,150.00 City of Colleyville Page 2 Printed on 3/6/2008 City Council Agenda March 11, 2008 4c Approval to accept an offer for right-of-way purchase from the Texas Department of Transportation (TxDOT), and authorize the City Manager to execute all associated documents 4d Approval of aCity-Developer Agreement with Villas of Colleyville, LLC, for the Villas of Colleyville Addition, and authorize the City Manager to execute the Agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1666 Approval of a request for a Special Use Permit for a charitable donation station on Tract 2C03, Abstract 206 of the B.B.B. and C. Ry Survey located at 4917 Colleyville Boulevard, Case Z-08-003 5b 0-08-1667 Approval of a request to amend the zoning and development requirements of the Planned Unit Development of Lot 9, Block 6R of the Woodbriar Estates West Addition located at 99, 101 and 103 Cheek Sparger Road, Case Z-08-007 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1668 Approval of an amendment to Ordinance 0-92-880 regarding setting fees and charges for City services and facilities, Case G-08-011 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 11, 2008 -Reading and Public Hearing -Resolution R-08-2953 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, March 7, 2008, by 5:00 p.m. City of Colleyville Page 3 Printed on 3/6/2008 City Council Agenda March 11, 2008 Cynthia Singleton, TRMC, CM 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 3/6/2008 :.~, City of Colleyville Colleyv0~ile Texas 76034 (817) 503-1000 '"`" Agenda Briefing wvwv.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 03/11/2008 Status: Pre Council Controlling Body: City Council Requester: Finance Department Agenda No.: PC-1 Final Action: File Name: Presentation of the Monthly Financial Report -February 2008 Attachments: February 2008 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 03/11/2008 City Council Title Presentation of the Monthly Financial Report -February 2008 Explanation General Fund The percentage of current year taxes collected is slightly ahead of February 2007. Sales tax revenue received in February was up $10,315 which is 3.64% over the amount received in February 2007. The annual TXU Electric franchise was down $29,471 (3.37%) as compared to the amount received in FY 2007. Six residential building permits were issued in February, as compared to six issued in February 2007. Municipal Court revenues are now up from FY 2007 due to the implementation of the motorcycle officer program. The average amount expended by the departments at the end of February 2008 is 36.0%. Utility Fund Water usage increased slightly as compared to the amount sold through February 2007. The average amount expended by the Utility Fund at the end of February 2008 is 38.5%. City of Colleyville Page 1 Printed on 3/5/2008 MONTHLY FINANC-AL REPORT -FEBRUARY 2008 GENERAL FUND FY 2008 REVENUE SOURCE BUDGET Current Taxes $8,860,357 Delinquent Taxes 50,000 I Penalty & Interest 55,000 I 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 $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 RECEIVED AS OF 2/29!2008 $8,434,380 30,261 11,913 $8,476,554 $844,989 110,560 0 63,450 31,917 52,600 91,172 $1,194,688 $631, 845 41,632 $673,477 $314,144 36,309 24,561 29, 892 29,485 56,251 759 667 2,780 1, 755 5,700 $502, 303 $327,125 22,650 10,412 TOTAL FINES $789,100' ~ $360,187 PROJECTED AS OF 2/29/2008 $8,417,33 30, 00 12, 00 $8,459,33 $885,000 104, 000 0 57,000 29,750 43,125 82,500 $1,201,375 $603,343 50, 000 $653,343 $382,470 52, 081 23,795 40,710 23,668 69,722 1,283 833 2,923 3, 066 6,250 $606,800 $302,083 25,000 10, 875 $337,958 RECEIVED AS OF PERCENT 2/28/2007 CHANGE $7,652,081 10.22% 32,586 -7.13% 11,433 4.20% $7,696,100 ~ 10_.14% $909,563 102,109 0 59, 334 26,497 40,642 79, 387 0.00% 8.28% 0.00% 6.94% 20.46% 29.42% 14.84% $1,217,532 $595,469 44, 526 $639, 995 $261, 365 34,432 20, 587 27,403 24,545 49, 710 1,269 1, 095 3,010 3, 050 6,650 $433,116 $312,033 20,100 10,275 $342,408 1.88% 6.11% -6.50% 5.23°fo 20.19% 5.45% 19.30% 9.08% 20.13% 13.16% -40.19% -39.09% -7.64% -42.46% -14.29% 1.5.97% 4.84% 12.69% 1.33% _'' " 5.19% MONTHLY FINANCIAL REPORT -FEBRUARY 2008 REVENUE SOURCE FY 20D8 BUDGET Re-zoning $12,500 Plat Fee/Site Plan 21,000 Board of Adjustment 2,000 Sale of Material 2,500 Weed Mowing 6,000 Animal Impoundment 3,200 Ambulance 242,000 Recreation Program 148,524 Non-Resident Fee Parks 24,500 Field Use Charge 16,450 Engineering & Inspection 80,000 Chgs & Reimbursements 2,000 Colleyville Center Rental 214,000 Library Building Rental 75 Lot Drainage Insp Fee 31,225 TOTAL CHARGES FOR SERVICE $805,974 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 $85,516 $85,516 $17,000 382,500 55,000 180,290 0 63,475 $698,265 $716,934 $716,934 RECEIVED AS OF 2/29/2008 $6, 067 10,630 750 1,122 1, 780 1,815 91,927 38,141 12,030 7,715 117,463 2,955 100, 000 0 9,975 $402,370 $0 $0 $0 167, 343 8, 522 0 0 34, 085 $209,950 $0 $0 PROJECTED AS OF 2/29/2008 $5,20 8, 75 83 1,04 2,50 1,33 100, 83 36, 00 12,25 8, 22 33,33 83 89,16 3 13,01 $313,35 $0 $0 $0 165,000 10, 000 0 0 34, 000 $209,000 $0 $0 RECEIVED AS OF 2/28/2007 $7,595 12, 036 1,250 2,079 1,018 1, 848 103,918 32,202 8,620 10, 004 1, 224 0 93,572 0 7,750 $283,116. ~ $0 $0 $0 67,482 40, 341 0 650 34,237 $142,710 $0 $0 PERCENT CHANGE -20.12 -11.68% -40.00% -46.03% 74.85% -1.79% -11.54% 18.44% 39.56% -22.88% 9496.65% 100.00% 6.87% 0.00% 28.71 42.12°l0 0.00% 0.00% 0.00% 147.98% -78.88% 0.00% -100.00% -0.44% 47.12% 0.00% 0.00% :TOTAL GENERAL FUND REVENUES $17,817,361 $11,819,529 $11,781,166 $10,754,977 9.90% MONTHLY FINANCIAL REPORT -FEBRUARY 2008 TOTAL PERCENT FY 2008 THROUGH THROUGH INCREASE INCREASE BUDGET 2/29/2008 2/28/2007 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 95.50% 95.25% 0.25% 0.26% RESIDENTIAL BLDG PERMITS 245 72 49 23 46.94% COMMERCIAL BLDG PERMITS 10 6 16 (10) -62.50% PLUMBING/MECHANICAL PERMITS 900 608 585 23 3.93% ELECTRICAL PERMITS 400 209 186 23 12.37% CITATIONS ISSUED 9,700 5,830 4,625 1,205 26.05% CITATIONS APPEALED 270 250 194 56 28.87% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2008 THROUGH PROJECTED 41.67% OF THE BUDGET BUDGET 2/29/2008 EXPENDITURES YEAR COMPLETED REMAINING City Council and Secretary $577,897 $176,205 $176,775 30.5% $401,692 City Manager 604,923 230,949 239,028 38.2% 373,974 Finance 469,129 179,381 180,596 38.2% 289,748 Legal 106,823 44,101 35,608 41.3% 62,722 Engineering 551,249 212,737 218,447 38.6% 338,512 Economic Development 161,924 67,452 67,190 41.7% 94,472 Building Inspection 412,404 170,952 169,251 41.5% 241,452 Community Development 282,071 128,937 113,681 45.7% 153,134 Fire 3,512,912 1,506,722 1,483,880 42.9% 2,006,190 Police 4,049,272 1,741,482 1,723,001 43.0% 2,307,790 Parks 1,511,351 480,512 533,285 31.8% 1,030,839 Recreation 326,958 109,801 116,406 33.6% 217,157 Streets & Drainage 1,974,850 411,314 433,761 20.8% 1,563,536 Library 677,620 249,466 258,568 36.8% 428,154 Communications 212,221 95,532 95,448 45.0% 116,689 Colleyville Center 480,283 136,371 137,575 28.4% 343,912 Human Resources 234,419 84,723 92,988 36.1 % 149,696 Municipal Court 241,121 96,251 96,022 39.9% 144,870 Fleet Maintenance 195,202 82,532 98,211 42.3% 112,670 Building Services 256,950 91,933 94,957 35.8% 165,017 Information Services 370,522 124,428 133,932 33.6% 246,094 Capital Equipment Reserve 135,000 0 0 0.0% 135,000 Transfer to Art Fund 15,000 0 0 0.0% 15,000 Performance Pay 454,630 0 0 0.0% 454,630 .TOTAL EXPENSES $17,814,731 $6,421,781 $6,498,610 36.0% $11,392,950 MONTHLY FINANCIAL REPORT -FEBRUARY 2008 UTILITY FUND RECEIVED PROJECTED RECEIVED FY 2008 AS OF AS OF AS OF PERCENT REVENUE SOURCE BUDGET 2/29/2008 2/29/2008 2/28/2007 CHANGE Water Sales $7,232,910 $2,506,623 $2,566,779 $2,447,623 2.41% Sewer Sales 2,188,056 934,311 911,690 806,188 15.89% Sewer Installation 22,900 10,800 9,542 6,900 56.52% Water Installation 48,000 17,480 20,000 16,750 4.36% Sewer Tie-on Charges 5,000 1,500 2,083 8,155 -81.61% Engineering Charges 35,000 45,504 14,583 100 100.00% Penalties 158,342 83,134 65,976 72,145 15.23% Miscellaneous 13,000 4,903 5,417 20,899 -76.54% TOTAL OPERATING iNCOME $9,703,208 $3,604,255 $3,596,070 $3,378,.760 6.67%° Interest Income $245,000 $123,144 $120,000 $48,257 155.18% Use of Available Cash 337,000 0 0 0 0.00% TOTAL NON-OPERATING INCOME $582,000 $123,144 $120,000 $48,257 155.18% TOTAL INCOME $10,285,208 ( $3,727,399 I $3,716,070 I $3,427,017 I 8.77%a TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 2/29/2008 2/28/2007 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 750,557,600 734,788,400 15,769,200 2.15% NUMBER OF WATER CUSTOMERS 8,804 8,616 188 2.18% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2008 THROUGH PROJECTED 41.67% OF THE BUDGET BUDGET 2/29/2D08 EXPENSES YEAR COMPLETED REMAINING Administration $208,211 $84,403 $86,293 40.5% $123,808 Billing 590,033 176,329 178,122 29.9% 413,704 Operations 7,511,273 2,832,904 2,790,743 37.7% 4,678,369 Debt Service 972,260 793,689 793,689 81.6% 178,571 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 $3,887,325 $3,848,847 38.5% $6,203,064 SUBDIVISION CIP -Preliminary Tara and Saddlebrook Subdivision March 11, 2007 (for discussion purposes only) Subdivision 2008 2009 2010 2011 2012 Tara Plantation Plantation Drive N & S $ 259,000 Crest Drive $ 160,600 Crest Court $ 49 200 Fairhill Court $ 32,100 Co er Wood Court $ 57,780 Butler Court $ 64,200 Trail Bend Court $ 40,981 Plantation Court $ 48,150 Tara Drive $ 64,200 Greenwa Court $ 52,000 Ma nolia Court $ 57,200 Savanna Court $ 39,000 Woodcreek Court $ 49,400 Ashle Court $ 89,080 Scarlet Court $ 43,050 Elmwood Court $ 55 022 Saddlebrook Saddlebrook Drive $ 163,000 Green Meadow East $ 96,900 Green Meadow North $ 96,758 Green Meadow West $ 82,620 Briar Rid a Drive $ 79,560 Inwood Lane $ 159,720 Southwood East $ 85,500 Southwood West $ 86,240 Summer Tree Court $ 13,132 Willcrest Court $ 28,800 Shadow Rid a Drive $ 107,350 Hidden Valle Court $ 38,095 North Haven Drive $ 34,390 Brookhollow Drive $ 13,585 Hunters Glen Court $ 19,000 Chimne Rock Court $ 19,000 Rodeo Drive $ 93,100 Mockin bird Lane $ 121,680 TOTAL: $422,000* $ 517,211 $ 515,558 $ 384,752 $ 659,872 "Funded from FY2007-08 Street Maintenance Budget rt fD ~D ~~ r V +~+ n ~a rt 'D ~t 3 Q' iL ~ ~ ~ 0 Ll ~ N t1 ~ " ' < ~ ~ (~ ~ f ~ _'h ~ ~ ~ _- . ~+ ~ -n 3 ~ ~ ~ < N p -~ ~ ~ ~ ~ ~ N < ~ ~ ~" 0 N ~- (D gip- ~ ~ r r ~p ~ Cl ~' . fD ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ Ll -n N ~ ~ ~ ~ ~ ~ ~ ~ ~ fD O ~ ~ ~ n ~ ,G ~ p ~p ~. 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City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 03/11/2008 Controlling Body: City Council Requester: Finance Department Agenda No.: PC-2 Final Action: File Name: Discussion and review of funding options for proposed CIP program Attachments: Use of General Fund Available Cash for Projects Street CIP Briefing Briefing for March 4, 2008 City Council Pre Council.pdf Jackson Road and Cheek Sparger Road Worksheet.pdf Street Capital Improvement Financial Summary Draft March 4, 2008 Pre Council Utility Pole Briefing and Financial Worksheet.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 03/11/2008 City Council Title Discussion and review of funding options for proposed Street Capital Improvement Plan (CIP) program Explanation This item is the continuation of a discussion regarding funding considerations related to the Street CIP and SH26 improvements. The attached Use of General Fund Available Cash for Projects spreadsheet, gives a projection of ending available cash and number of days of working capital. The following is a summary of Council's discussion at the March 4, 2008 Pre-Council meeting: Utility Poles on State Highway 26 - Council directed staff to move forward with the acquisition of fiberglass utility poles at an estimated cost of $500,000. A source of funding for the project would be a seven year tax anticipation note. The source of re-payment would be an initial draw down of available cash in the amount of $200,000 which would cover the first two years of payment. The next five years of payments would be made from that prior year's addition to available cash or an increase in the tax rate to cover the payment. The maximum estimated tax increase would be $.0030 (tax rate $.3589) in the event the yearly application of cash balance is not realized after adjusting for the Street CIP (see below). Street CIP -The source of funding for the street CIP program would be a combination of the continuation of $1,000,000 in the General Fund street maintenance budget, use of available cash in the General Fund and Utility Fund and street and water impact fees. There would also be $150,000 of available cash transferred at the end fiscal year from the difference in City of Colleyville Page 1 Printed on 3/6/2008 Agenda Briefing Continued that fiscal year's revenues and expenditures to fund the next fiscal year's micro-resurfacing program. State Highway 26 improvements -Council directed staff to continue design hardscape improvements and plan a tax anticipation note debt issuance in 2009. The 2010 projected tax rate impact would be $.0060 (tax rate $.3619). Also, there would be an additional tax anticipation note debt issuance in 2012 for the landscape improvements. Together, the hardscape and landscape improvements total $2,800,000. For Council's additional review are the March 4, 2008 Pre Council Briefing regarding funding for the Street CIP, the Jackson Road and Cheek Sparger Road Intersections Worksheet, Street Capital Improvement Financial Summary Draft and the March 4, 2008 Pre Council Utility Pole Briefing and Financial Worksheet. City of Colleyville Page 2 Printed on 3/6/2008 USE OF GENERAL FUND AVAILABLE CASH FOR PROJECTS NUMBER OF DAYS OF WORKING BALANCE CAPITAL AVAILABLE CASH AT 9/30/2007 $8,495,329 173 LESS PROJECTS: POWER POLES ($500,000) $7,995,329 163 STREET CIP - TARA ($880,000) $7,115,329 145 STREET CIP - SADDLEBROOK ($1,150,000) $5,965,329 121 STATE HIGHWAY 26 HARDSCAPE ($1,400,000) $4,565,329 92 FUND BALANCE RESERVE POLICY - 90 DAYS STATE HIGHWAY 26 LANDSCAPE ($1,400,000) $3,165,329 63 ENDING AVAILABLE CASH $3,165,329 ENDING DAYS OF FUND BALANCE 63 NOTE :THE CITY'S FUND BALANCE POLICY REQUIRES A NINETY DAY RESERVE ~:4n . ~,~~, City of Colleyville Agenda Briefing 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Engineering Department Agenda Date: 03/04/2008 Agenda No.: PC-2 File Name: Discussion of the Street Capital Improvement Plan (CIP) Controlling Body: City Council Final Action: Attachments: Jackson Road and Cheek Sparger Road Worksheet Street Summary CIP Worksheet December 4, 2007 Agenda Briefing History of Legislative File Version: Date: Acting Body: Action Text: 03/04/2008 City Council Title Discussion of the Street Capital Improvement Plan (CIP) Explanation The recent announcement of a Federal recall of funding for transportation related projects statewide and associated Texas Department of Transportation (TxDOT) funding issues have had a substantial impact on the viability of improving SH26 within the City of Colleyville. As a result, staff determined the need to evaluate the potential impact of reduced funding levels on the City's proposed Capital Improvement Plan (CIP), in terms of loss of funding for certain intersection and roadway projects. At this time, the intersection improvements for Jackson Road and Cheek Sparger Roads is the only listed project that would be subject to revocation of any funding that was previously allocated by the North Central Texas Council of Governments (NCTCOG). Staff contacted the County Planner for Tarrant County and was advised that all current funding levels remain for this intersection project, including funding from the 2006 Tarrant County Bond Program and NCTCOG funding that was previously defederalized. The defederalized funds, in the amount of $320,950.00, were transferred from the proposed 135 highway improvements north of 1820 to supplement the County's bond allocation for the intersection project. In addition, the City was advised that federal funds, as part of the 2007 Regional Toll Revenue (RTR) Funding Initiative, are now approved to support this project. The attached Street Capital Improvement Financial Summary and Project Description form have been revised to reflect the allocation of additional funds and the reduced obligation of municipal funding from existing Street and Utility Impact fees for the Jackson Road and Cheek Sparger Road intersection project. Staff and the Mayor met with representatives of NCTCOG and the District Engineer of TxDOT regarding funding that will permit the SH26 project to remain on course for City of Colleyville page ~ Printed on 2/29/2008 Agenda Briefing Continued construction in early 2010. A remaining $30 million is available for right-of-way acquisition and construction of a portion of the original project. Although NCTCOG has not provided a final determination of the revised limits of construction of the roadway, the City of Colleyville was advised the available funding level will be used in part to complete the proposed SH 26 improvements from Pool Road south to an undetermined point (approximately to Bransford Road). The segment of SH26 in Hurst, from Cheek Sparger to 1820, does not have construction funds currently available. Staff continues to host a monthly meeting with representatives of TxDOT, the cities of Grapevine and Hurst and all affected franchise utilities in an attempt to keep the utility relocation process on tract for the SH26 project. In summary, the proposed CIP allocates $12,177,400.00 over ten years for various transportation enhancements. The chart below is the forecasted ten year balance of each funding source which will be allocated to the CIP. Fund 10 YR Forecast Current Year Operating Budget (Street/Drainage) $ 4,986,900 Street Impact Fees $ 1,629,685 Sidewalk Budget $ 606,000 Utility Fund Impact Fees/Cash balance $ 1,868,500 2006 Tarrant County Bonds $ 1,062,315 Total $ 10,153,400 The Fiscal Year Ending 2007 General Fund's cash balance of $8,495,329.00 provides a 173 day working capital balance; well meeting the City Council policy of maintaining a minimum threshold of 90 days working capital for the General Fund. Accommodating the City Council's previously discussed allocation of $2,030,000.00 in support of the various proposed CIP projects, the General Fund's available cash balance reduction to $6,465,329.00 yields a 132 day working capital balance for the General Fund. Supplementing the various funding sources for the proposed $12,177,400.00 Street CIP, the City Council has previously allocated an additional $12,370,000.00 for related improvements for SH26. The various aspects and funding sources for the SH26 construction project include: CATEGORY COST • Construction/ROW $5,070,000 • Utility Relocation $4,500,000 • Landscaping -Softscape $1,400,000 -Hardscape $1,400,000 Total $12, 370, 000 SOURCE TIF Partners -cash available City debt sale within current rate structure City debt sale w/possible property tax adjustment City debt sale w/possible property tax adjustment Debt issuance of the $4,500,000.00 toward utility relocation for SH26 improvements is scheduled for FY2009 with the current customer utility rate structure being adequate to properly fund debt payments. The City Council's consideration of adopting the proposed Street CIP will involve discussion concerning the allocation of the General Fund's available cash balance and/or issuance of debt in support of its previous commitment of landscaping improvements for SH26. City Council planning direction in 2005 was for TxDOT to proceed City of Colleyville page 2 Printed on 2/29/2008 Agenda Briefing Continued with identified landscaping with City funding to be determined at a later date by available cash and or a combination of debt. The Finance Department projects the issuance of debt for the $2,800,000.00 in landscaping for 2009 and 2012 to require a cumulative $0.0060 increase in the property tax rate to $0.3619, assuming an annualized 3% property valuation growth. Funding $4,830,000.00 for SH26 landscaping and a proposed Street CIP with available cash without any debt issuance, the General Fund's working day capital is estimated to be reduced to 75 days working capital. Consideration by the City Council utilizing the General Fund's current 173 day's working capital balance for this, or other projects, will be an important discussion as it proceeds in finalizing the proposed Street CIP. City of Colleyville Page 3 Printed on 2/29/2008 Ct~Y of Texas Project Name: Jackson Road and Cheek Sparger Road Intersection F,xisting Conditions: Cheek Sparger Road is a two-lane asphalt roadway with bar ditches. The intersection is controlled by stop signs in four directions. Jackson Road is a two- lane asphalt street. Project Type: A roundabout is proposed with associated landscaping and pavement markings, concrete pavement with stabilised subgrade, drainage improvements Estimated Cost: • Design • Right-of--way • Construction Street Drainage Sidewalk Water Total $ 140,OOO.OU $ 30,000.00 $ 890,000.00 $ 645,000.00 $ 145,000.00 $ 50,000.00 $ 50,000.00 $1,060,000.00 City Funding Source: Tarrant County bonds are committed to this project in the amount of $535,415.00. RTR (CDA) NCTCOG Funding was approved in the amount of $349,320.00. The remaining cost of the project, in the amount of $175,265.00 will be fimded from service area Number 1 Street and Utility Impact Fees. 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This item is provided for staff to receive Council direction regarding funding options. At Council's requrest, area cities were approached regarding volume purchases of the utility poles to obtain a lower purchase price. There were no positive responses to the inquiry. The estimated cost including contingency is $500,000.00. There are two methods available for funding the purchase. The first would be a draw down of available cash in the General Fund, which would leave the fund balance at $7,995,329.00. The second method of funding would be a $550,000.00 (includes costs of issuance) debt sale of either tax anticipation notes with a life of seven years (7) or certificates of obligation with a life of either fifteen (15) or twenty (20) years. The tax anticipation notes do not require voter approval and the certificates of obligation do not require voter approval, but are subject to voter approval if a petition is presented to City Council. Per the attached exhibit, the increase on the tax rate would be as follows: • 7 year tax anticipation notes - $0.0030 (tax rate - $.3589) • 15 year certificates of obligation - $0.0017 (tax rate - $.3576) • 20 year certificates of obligation - $0.0014 (tax rate - $.3573) As a point of reference, staff is currently working with Oncor Electric Delivery to bring all affected franchise utility companies together to evaluate issues such as timing of City of Colleyvllle Page 1 Printed on J/b/2008 Agenda Bffeflng Continued installation, future pole ownership and maintenance. Two locations have been found in the region that currently have grey fiberglass poles in place. Staff recommends Council be prepared to form a Council Sub-Committee of three to assess color choice and participate in a tour within the next two to three weeks. City of Colleyvllle Page 2 Printed on 3/6/2008 UTILITY POLE FUNDING $550,000 DEBT ISSUANCE AT 5% TAX TOTAL INCREASE YEARS ANNUAL TOTAL COST INTEREST NEEDED TO PROJECTED OUTSTANDING PAYMENT OF ISSUE PAID FUND DEBT TAX RATE 7 $95,050.90 $ 665,356.30 $115,356.30 $0.0030 $0.3589 15 $52,988.26 $ 794,823.87 $ 244,823.87 $0.0017 $0.3576 20 $44,133.42 $ 882,668.46 $ 332,668.46 $0.0014 $0.3573 IM1yr r/ /;'"~ A" ~ City of Colleyville Colle 0011e, Texas 76034 ~g (817) 503-1000 ~~~~~ Agenda Briefing vwvw•colleyville.com File Number: Version: 1 Requester: Economic Development Department File Type: Pre Council Agenda Date: 03/11/2008 Agenda No.: PC-3 Status: Pre Council Controlling Body: City Council Final Action: File Name: Presentation of Economic Development Quarterly Update Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 03/11/2008 City Council Title Presentation of Economic Development Quarterly Update Explanation This item provides an opportunity for the Economic Development Manager to present an update on Economic Development Initiatives. The following is an outline of activities, which have occurred since October 2007. Staff has interviewed a land planning consultant to assist with creation of a master plan for the redevelopment of SH26. The proposed initial planning area will extend from Little Bear Creek to Main Street and will focus on the Village Park (Albertsons) and Colleyville Plaza (Kroger) shopping centers, the two largest redevelopment areas. After receiving the initial scope of services, staff met with the consultant to revise the proposal and anticipates bringing a presentation to City Council in the third quarter. Staff has been working with the owner of the former Kmart building to place Westlake Ace Hardware in occupancy of 28,000 square feet of the building. Staff has been working closely with a potential tenant for the Kroger building. The Economic Development Department co-sponsored a Christmas concert at Colleyville Center Thursday, December 13, featuring Danny Wright. The concert netted $3,500.00 for the Friends of the Library. Staff has been working with Worthington Bank to purchase, remodel and occupy a portion of the former Eckerd building. The bank will occupy 5,000 square feet, leaving a 5,000 square foot space for another tenant. This project is under construction. City of Colleyville Page 1 Printed on 3/6/2008 Agenda Briefing Continued Economic Development Manager Scott Welmaker has been asked to join the 2008 International Council of Shopping Centers Texas Conference and Dealmakinq Planning Committee. Colleyville is one of only three municipalities in the State represented on this planning committee. To advance cultural development opportunities in Colleyville, staff has enlisted a group of volunteers to assist in planning and producing future events. This group is composed of members of the Northeast Orchestra, the Regal Opera and community and business volunteers. The meetings have resulted in planning for joint events with the two arts groups and assimilation of a large mailing list of active patrons of both organizations. The City is sponsoring the Northeast Orchestra's 2007-08 season, which opened October 19, 2007 at the Colleyville Center. The first concert of 2008 was held February 22 with guest artist Chris McGuire. The next event will be Gilbert and Sullivan's The Gondoliers on March 28, 2008, at 7:30 p.m. and March 30 at 2:00 p.m. Staff regularly exhibits at Chamber luncheons, attends the Metroport Cities meetings, and regularly attends the Commercial Real Estate Women's and Society of Commercial Realtors meetings in Fort Worth. The DBU Colleyville Business Breakfast Seminar Series will resume on March 12, April 9 and May 14. Staff planned, co-sponsored, attended, presented or exhibited at the following events: • 2007 International Council of Shopping Centers Texas Conference and Dealmaking in San Antonio • Colleyville Area Chamber Expo in November 2007 • National League of Cities annual conference in November 2007 • Art walk in the Village featuring the works of Lamberto Alvarez and Lindsey Boyle on December 1, 2007 • Joint Planning and Zoning Commission and City Council meeting, December 19 • Commercial Real Estate Forecast at the Tarrant County Convention Center in January 2008 • HEB Rotary Club • Mercedes Credit Corporation employee's meeting considering new homes in their relocation to Alliance on December 8 and 15, 2007 City of Colleyville Page 2 Printed on 3/6/2008 avv Cit of Colle V~~~e 100 Main Street ~ Y Y Colleyville, Texas 76034 (817) 503-1000 r..; Agenda Briefing www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 03/11/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-4 Final Action: Manager File Name: Discussion of setting a date for a joint meeting of the City Council and Planning and Zoning Commission Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 03/11/2008 City Council Title Discussion of setting a date for a joint meeting of the City Council and Planning and Zoning Commission Explanation This item allows an opportunity to discuss and select a date to conduct a joint meeting of the City Council and Planning and Zoning Commission regarding SH26. This meeting would be scheduled as a follow-up to the meeting conducted December 19, 2007. City of Colleyville Page 1 Printed on 3/5/2008 9_'~ ,~ ~ City of C o I I eyv i I I e Col 1ey001 e,aTexas 76034 ~,,~j (817) 503-1000 ~'"" Agenda Briefing www•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 03/11/2008 Controlling Body: City Council Requester: Agenda No.: PC-5 Final Action: File Name: Presentation and discussion of City Council Budget Calendar Attachments: FY2009 Budget Calendar.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 03/11/2008 City Council Title Presentation and discussion of City Council Budget Calendar Explanation This item is provided as an opportunity to receive City Council comments concerning the proposed 2009 Budget Calendar. The development of the City's annual budget requires a considerable amount of time and preparation by both City Council and staff. The draft 2009 Budget Calendar notes various budget meeting dates, with City Council related meeting dates highlighted. There are several worksession dates scheduled for City Council. Please take particular note of these dates to avoid any meeting conflicts with your calendar. The calendar is very similar to previous work activities however; this year's calendar includes the scheduling of a strategic planning session, which is part of the City Work Plan for the City Council. As always, staff is interested in your views on enhancing the budget process. City of Colleyville Page 1 Printed on 3/6/2008 FY 2009 Budget Calendar Tuesday, March 11 City Council review of the FY 2009 Budget Schedule (5:30 p. m.) Thursday, March 14 Budget kickoff meeting with Department Heads and key staff (3:30 p. m.) Thursday, March 28 Personnel Reclassification Requests and New Personnel BAFs (8:00 a.m.) due to Human Resources Tuesday, April 1 City Council reviews Proposed FY2009 Budget Schedule (5:30 p.m.) Tuesday, April 15 City Council visioning book discussion - "Good to Great' (5:30 p.m.) Wednesday, April 30 Base Budgets due to the CMO. Detail sheets and vehicle and (8:00 a.m.) equipment replacement requests modifications due to Finance Director Friday, May 2 Budget Team preliminary review of Department submissions (8:30 a. m.) of the Proposed Base Budget Saturday, May 3 City Council and Executive Team planning visioning worksession (9:00 a.m.) at an offsite facility (TBD) Monday, May 5 Human Resources distributes updated salary and benefits costs for New Personnel BAFs Tuesday, May 6 City Council FY 2008 Mid-Year Budget Update and discussion of (5:30 p.m.) of FY 2009 Budget Priorities Wednesday, May 7 Base Budget Presentations to Budget Committee by respective Friday, May 9 departmental staff Saturday, May 10 City Council Election (7:00 a.m. - 7:00 p.m.) Wednesday, May 14 BAFs and Agency Requests and Goals, Objectives and Service (8:00 a.m.) Delivery Measures due to the CMO Thursday, May 15 Tarrant Appraisal District releases preliminary appraisal information Thursday, May 15 Executive Team development of preliminary 2009 Work Plan (8:30 a.m.) Friday, May 16 Finance Director completes preliminary revenue estimates Wednesday, May 21 City Council canvassing of 2008 election (6:00 p.m.) Thursday, May 29 City Council 2009 Budget Worksession and Work Initiatives (6:00 p.m.) Friday, May 30 (Noon) Monday, June 2 BAF ranking workshop orientation Wednesday, June 4 BAF ranking workshop Thursday, June 5 Budget Committee's preliminary budget due to City Manager Thursday, June 12 City Manager and Budget Committee review preliminary budget Friday, June 13 Monday, July 7 Departments receive City Manager decisions (5:00 p.m.) Thursday, July 10 Budget Appeals Due to City Manager by Departments (8:00 a.m.) Monday, July 21 Departments receive City Manager Budget Appeal decisions Friday, July 25 Finance Director receives TAD Certified Tax Roll Tuesday, July 29 Proposed FY 2009 Budget Distributed to City Council (5:00 p.m.) Thursday, July 31 City Council Budget Worksession (6:00 p.m.) Friday, August 1 (Noon) Tuesday, August 12 City Council Consideration of a Vote of Intent to Adjust the Tax (8:30 a.m.) Rate - as needed Tuesday, August 26 City Council Consider Approval of the FY 2009 CEDC Budget (6:30 p.m.) Tuesday, August 26 City Council Consideration of a Vote of Intent to Adjust the Tax (7:00 p.m.) Rate - as needed Tuesday, September 2 First Reading and Public Hearing for the FY 2009 Budget (7:30 p.m.) Tuesday, September 16 Second Reading, Public Hearing and Consider Adoption of the (7:30 p.m.) FY 2009 Budget '~"~~ 100 Main Street r{~ ` __ ._~ ~ City of Colleyville Coll 8117) 503X1000 034 ,,may . ~~~~~= Agenda Briefing www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 03/11/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-6 Final Action: Secretary File Name: Discussion of the March 11, 2008, City Council regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 03/11/2008 City Council Title Discussion of the March 11, 2008, City Council regular agenda items City of Colleyville Page 1 Printed on 3/6/2008 ~~'~ 100 Main Street `~ ~ Cit of Colle ville ~ y y Colleyville, Texas 76034 (817) 503-1000 r,,`.:: Agenda Briefing vvwvv.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 03/11/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 1 Final Action: Secretary File Name: Executive Session -Legal Consultation -March 11, 2008 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 03/11/2008 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 -Raman Chandler 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 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 the former City Hall at 5400 Bransford Road Sec. 551.072 -Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former Fire Station at 1900 Hall Johnson 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 City of Colleyville Page 1 Printed on 3/5/2008 RESOLUTION R-08-2951 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF MARCH 11, 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, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor y ~,2~!v ~w.r.. ~" ~ City of C o I I eyv i I I e 100 Main Street Coll 034 1 ~y 81 7) 503X1000 ~~~~~~ Agenda Briefing ~~colleyville.com File Number: File Type: Presentation or Status: Presentations or Proclamation Proclamations Version: 1 Agenda Date: 03/11/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Proclamations -March 11, 2008 Attachments: The Blue Shoe Project Day In Colleyville Proclamation.pdf March for Meals Awareness Month In Colleyville Proclamation.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 03/11/2008 City Council Title Proclamations In recognition of The Blue Shoe Project Day in Colleyville -Jeffrey and Michael Dyson, The Blue Shoe Project Founders In recognition of March for Meals Awareness Month in Colleyville -Julie Donovan, Tarrant County Meals on Wheels City of Colleyville Page 1 Printed on 3/6/2008 -; ~OCY~TTY~tiDTi Colleyville, Texas WHEREAS: The Blue Shoe Project was founded in 2004 by the Dyson family, Colleyville residents: and WHEREAS, The Blue Shoe Project is anon-profit donor-supported charity founded with the mission of providing education programs emphasizing the importance of Blues musk and that life lessons in this music can have a positive impact on our youth. and WHEREAS, The Blue Shoe Project has presented interactive and engaging programs featuring legendary blues artists to over 25,000 Texas students from K-12, to colleges and universities, and WHEREAS, The Blue Shoe Project began with the belief that the genre of Blues music left an indelible mark on the evolution of music world-wide. Blues recounts the struggles and triumphs of our society and the challenges faced aryl yet to come, and WHEREAS, The Blue Shoe Project's first education event included a historic concert held on October 16, 2004 at The Majestic Theatre in Dallas that brought together four of the country's greatest living blues artists: Henry James Townsend, Robert Lockwood Jr Joe Willie "Pinetop" Perkins and David "Honeyboy" Edwards: ands. WHEREAS, the album, Last of the Great Mississippi Delta Bluesmen: Live in Dallas, recorded that night was nominated for a Grammy Award for "Best Traditional Blues Album of the Year"; and WHEREAS, on February 10, 2008, the album Last of the Great Mississippi Delta Bluesmen: Live in Dallas.. released by The Blue Shoe Project, won the Grammy Award at the 50th Annual Grammy Awards held in Los Angeles, California NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council do hereby proclaimOctober 16, 2008 as THE BLUE SHOE PROJECT DAY IN COLLEYVILLE in recognition of the day the performance was first recorded and call upon our citizens to support and extend our congratulations to the The Blue Shoe Project. its founders and benefactors of the rich history of Blues music. ~~ ~~ - - -~- 'v1a~~or IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville. Texas.. „ ,, ,affixed this 11th day of March 2008. roci~crrY~tiott Colleyville, Texas WHEREAS: Meals on Wheels, Inc., prepares and delivers meals to elderly and disabled persons who are unable to prepare meals for themselves; and WHEREAS, for the past thirty-five years the citizens of Tarrant County have benefited from the delivery of over 11 million meals to our homebound neighbors; and WHEREAS, this organization has a volunteer force of over 3,800 persons who donate their time, vehicle, gasoline and energy to deliver over 850,000 hot meals to Tarrant County residents annually; and WHEREAS, Meals on Wheels case workers make over 10,800 home visits annually to act as advocates for clients; and WHEREAS, no client is ever refused service because of inability to pay; and WHEREAS, these efforts have resulted in the improvement in the lives of the homebound and disabled in Colleyville, with continued personal independence, daily visits by caring volunteers, well-balanced meals and the assistance of professional caseworkers. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council do hereby proclaim March 2008 as MARCH FOR MEALS AWARENESS MONTH IN COLLEYVILLE and encourage our citizens to support the on-going Meals on Wheels programs. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 11th day of March 2008. i ut Mayor Il~ rc..as RESOLUTION R-08-2952 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF MARCH 11, 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 March 4, 2008 b. Approval of a lease purchase agreement with Baystone Financial Group/Kansas State Bank of Manhattan through Houston-Galveston Area Council of Governments Purchasing Co-Operative (HGAC) for the lease of a Ford F-450 Frazer ambulance, in the amount of $176,150.00 c. Approval to accept an offer for right-of-way purchase from the Texas Department of Transportation (TxDOT), and authorize the City Manager to execute all associated documents d. Approval of aCity-Developer Agreement with Villas of Colleyville, LLC, for the Villas of Colleyville Addition, 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 "~ , City of Colleyville ~'~~ City Council Minutes -Draft ,.....,, City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, March 4, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on March 4, 2008, at 5:32 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart, and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Communications Manager Mona Gandy, Lieutenant Rodney Cunningham, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and Records Coordinator Nicole Seidel were also present. Mayor Pro Tem Jon Ayers was absent Councilmember Rich Hendler was absent. PC-1 Discussion of enhancements to the Council dais computers Assistant City Manager Kelly Cooper provided information regarding possible enhancements to the Council dais computers. There was general discussion regarding the upgrade of the Council dais computer monitors and the cabinetry. Council determined further consideration of the project will be addressed within the next two years. PC-2 Discussion of the Street Capital Improvement Plan (CIP) Public Works Director Steve Chutchian provided an update on the state and federal funding of the intersection and roadway projects and the potential funding impact on the Street Capital Improvement Plan. Finance Director Terry Leake provided an update on the funding for the CIP and a review of the funding for the SH26 project. City of Colleyville Page 1 Printed on 3/6/2008 City Council City Council Minutes -Draft March 4, 2008 Discussion ensued regarding funding for SH261andscape and hardscape improvements. Councilmember Licata requested clarification regarding long and short term financing options and examples of types of projects which could be financed long term. Finance Director Terry Leake provided information regarding long and short term financing options. Discussion ensued regarding sidewalk and SH26 funding options. PC-3 PC-4 City Manager Bill Lindley clarified the monies available can be allocated differently should the Council choose to do so. Councilmember Licata recommended the sidewalk funding remain separate from the SH26 funding. City Manager Bill Lindley commended the City Council for utilitzing available county and state resources, as well as Commissioner Gary Fickes, Judge Glen Whitley and State Representative Vicki Truitt for management of funds for various projects. Discussion of Utility Pole Funding Finance Director Terry Leake provided two options for utility pole funding: the first option is the use of available cash and the second option is a debt issuance for the new poles. There was general discussion regarding funding sources, tax rate, purchasing economy of scale and the repair and storage of poles. Council requested staff schedule an onsite trip to the cities of Garland and Forney to view the proposed fiberglass poles. Council determined the City would not stockpile poles after the initial purchase and Oncor would be responsible for replacement of any damaged poles. Discussion of a date and time for the Board, Commission and Committee Appreciation event Council determined the Board, Commission and Committee Appreciation Event will be held on Tuesday, September 9, 2008. City of Colleyville Page 2 Prinfed on 3/6/2008 City Council City Council Minutes -Draft March 4, 2008 PC-5 PC-6 Discussion of annual update regarding land use changes and the Comprehensive Plan Community Development and Business Strategies Director Chris Fuller provided the annual update regarding land use changes and the Comprehensive Plan. Discussion of the March 4, 2008, City Council regular agenda items Mayor Kelly stated the applicant has requested Agenda Item 6a be withdrawn from consideration. City Attorney Matthew Boyle stated Council can accept the request to withdraw the item and the item will be removed from consideration and future agendas. Councilmember Wollin stated she would recuse herself from considering Agenda Item 7a due to a conflict of interest. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:39 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on March 4, 2008, at 6:40 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Tom Hart, and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Fire Chief Mike Johnston, Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development and Business Strategies Director Chris Fuller, Community Development Coordinator Ron Ruthven, Colleyville Center Manager Lin Przybyl, Communications Manager Mona Gandy, Audio Visual Technician Lawrence Gise, Executive Secretary Christine Loven, Administrative Assistant Marilyn Gilbert, City Attorney Matthew Boyle and Records Coordinator Nicole Seidel were also present. Mayor Pro Tem Jon Ayers arrived at 7:20 p.m. Councilmember Rich Hendler was absent. City of Colleyville Page 3 Prinfed on 3/6/2008 City Council City Council Minutes -Draft March 4, 2008 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 -Raman Chandler 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 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 the former City Hall at 5400 Bransford Road Sec. 551.072 - Property -Deliberate the purchase, lease, sale, exchange or value of real property regarding the former Fire Station at 1900 Hall Johnson 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, 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 6:42 p.m. and reconvened at 7:36 p.m. INVOCATION: Pastor Tim Perkins, Crown of Life Lutheran Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City of Colleyville Page 4 Printed on 3/6/2008 City Council City Council Minutes -Draft March 4, 2008 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2948 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Wollin commended Colleyville Center staff and thanked the citizens, Councilmembers and city staff who attended the Colleyville Center 10th Anniversary celebration on March 3, 2008. Mayor Kelly recognized Colleyville. Center Manager Lin Przybyl, the Center staff and Colleyville Center Advisory Committee Chair Mark Johnson for the outstanding work on the Colleyville Center 10th Anniversary celebration and thanked Councilmembers for attending the event. Mayor Kelly announced the City of Colleyville is now a toll tag center and invited citizens to renew or register for a toll tag in the Utility Billing department, located on the first floor of City Hall. Mayor Kelly invited children and families to participate in the candy free Hoppin' Good Egg Hunt at City Park, 3:00 to 5:00 p.m. on March 15, 2008. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2949 4a Approval of the minutes of the regular City Council meeting held on February 19, 2008 4b Approval of the Renewal of an Interlocal Agreement with Tarrant County for the Bogart Drive Improvements, and authorize the City Manager to execute the agreement 4c Approval of an Agreement with Komatsu Architecture to Conduct a Market and Financial Analysis/Feasibility Study for Expansion of or Renovation to Colleyville Center in an amount not to exceed $49,000.00, and authorize the City Manager to execute the agreement Mayor Kelly read Resolution R-08-2949 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 5 Printed on 3/6/2008 City Council City Council Minutes -Draft March 4, 2008 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-08-2949. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1664 Approval of a request for a Special Use Permit for an accessory building on Lot 1, Block 1 of the Thomas Cole Addition located at 4812 Bransford Road, Case Z-08-005 Mayor Kelly read the caption of Ordinance 0-08-1664. Mayor Kelly opened the public hearing. There was no one present wishing, to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-08-1664. Mayor Pro Tem Jon Ayers seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1665 Approval of a request for a zoning change from R40-Single Family Residential to PUDC-Planned Unit Development Commercial on 2.0 acres out of the David R. Teeter Survey located at 3900 Jackson Road, Case Z-08-006 Mayor Kelly read the caption of Ordinance 0-08-1665. City of Colleyville Page 6 Printed on 3/6/2008 City Council City Council Minutes -Draft March 4, 2008 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 accept the applicant's request to withdraw the item. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 6 - David Kelly, Carol Wollin, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler 6b 0-08-1666 Approval of a request for a Special Use Permit for a charitable donation station on Tract 2C03, Abstract 206 of the B.B.B. and C. Ry Survey located at 4917 Colleyville Boulevard, Case Z-08-003 Mayor Kelly read the caption of Ordinance 0-08-1666. Development Coordinator Ron Ruthven provided an overview of the request for a Special Use Permit for a charitable donation station and stated the Planning and Zoning Commission recommends denial. Mayor Kelly opened the public hearing. Mr. Paul Anuke, Goodwill Building and Construction Manager, applicant, was present to answer questions of the City Council and advised more information would be provided at the March 11, 2008, City Council meeting. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6c 0-08-1667 Approval of a request to amend the zoning and development requirements of the Planned Unit Development of Lot 9, Block 6R of the Woodbriar Estates West Addition located at 99, 101 and 103 Cheek Sparger Road, Case Z-08-007 Mayor Kelly read the caption of Ordinance 0-08-1667. Development Coordinator Ron Ruthven provided an overview of the request to amend the zoning and development requirements of the Planned Unit Development and stated the Planning and Zoning Commission and staff recommends approval. City of Colleyville Page 7 Printed on 3/6/2008 City Council City Council Minutes -Draft March 4, 2008 Mayor Kelly opened the public hearing. Mr. Billy Elliott, 2232 Eldger Drive, Plano, Texas, 75028, applicant, provided an overview of the proposed self storage facility. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 7. TABLED ITEM AND PUBLIC HEARING 7a 0-08-1659 Approval of a request for a zoning change from AG-Agricultural to PUDR-Planned Unit Development Residential on 6.4 acres out of the George W. Teeter Survey located at 1301 Glade Road, Case Z-08-002 Mayor Kelly read the caption of Ordinance 0-08-1659. Councilmember Wollin recused herself from consideration of this item due to a conflict of interest. Development Coordinator Ron Ruthven, provided an update of the request for a zoning change from AG-Agricultural to R20-Single Family Residential, and stated the applicant changed the request from R20 Single Family Residential to PUDR-Planned Unit Development Residential Zoning District and has submitted a revised Statement of Planning Objectives and a revised Site Plan. Mr. Ruthven stated the Planning and Zoning Commission recommended approval of the R20 request at the January 14, 2008 meeting and staff recommends approval with the additional requirements stated within the proposed PUDR ordinance. Mr. Ruthven further stated since opposition within 200 feet of the subject property exceeds 20%, the request can only be approved by a supermajority vote by the City Council. Mayor Kelly opened the public hearing. Mr. Curtis Young, 8003 Jefferson Circle, applicant, provided an update of the proposed development and spoke regarding the change in zoning from R20 to PUDR and regarding drainage and siltation and answered questions of the City Council. Mr. Stephen Tomme, representing Clearwater Development, stated, "any contractors working on the property will retain a minimum of 1 million dollars of liability insurance and both' Clearwater Development and RP25 will be added as additional insurers and will provide a copy of the insurance certificate to the Lakes of Somerset Homeowners' Association." City of Colleyville Page 8 Printed on 3/6/2008 City Council City Council Minutes -Draft March 4, 2008 Mr. Wes Lansford, 1313 Glade Road, spoke in opposition to the proposed ordinance and regarding lot size, zoning and drainage issues. Mr. Harold Whitten, 1209 Garry Lynne Drive, spoke in support of the proposed ordinance and regarding the drainage issues. Mr. Terrance Grisso, 1205 Glade Road, spoke in opposition to the proposed ordinance and regarding lot size, estate homes, drainage issues, green space, future use of adjacent property and traffic. Mr. Robert Potter, 1104 Chatsworth Court West, President, Lakes of Somerset Homeowners' Association, spoke in support of the development and the proposed ordinance. Mr. Steve Hickson, 1315 Glade Road, spoke in opposition to the proposed ordinance and regarding lot density. Mr. William Hubbard, 1309 Glade Road, spoke in opposition to the proposed ordinance and regarding ,drainage, flooding and run-off, the City's financial responsibility for anticipated drainage and road maintenance by the neighborhood homeowners association. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor spoke regarding the developer addressing the drainage concerns and stated it appears the development is acceptable. Mayor Kelly asked the applicant about a guarantee that the development will be built as it was presented and requested an explanation of the revised site plan and the setback reduction of a total of 38,000 square feet. Mr. Young stated the land was added to the open space as a better solution for the City and for maintenance, but stated they can add the land back to the setback if the Council desires. Mayor Pro Tem Ayers requested the City Manager address the drainage issues and the construction of the drainage features. City Manager Bill Lindley stated, the City has taken measures to effectively minimize flooding in all directions of the development. Discussion ensued regarding the reduction of the number of lots from nine to seven lots. City of Colleyville Page 9 Printed on 3/6/2008 City Council City Council Minutes -Draft March 4, 2008 Mayor Kelly discussed the original R20 request, the lot boundaries and original square footage of the estate style lots. Councilmember Taylor spoke regarding drainage and run-off onto Mr. Hubbard's property and the creek encompassing the run-off and the floodplain. Councilmember Licata questioned the applicant regarding the licensed engineer, if the engineer is bonded and whether the applicant has any reason to believe there is any danger of flooding any of the neighboring properties in any direction. Mr. Young stated the development will improve the drainage in all directions and will pose no danger to any neighbors. Mayor Kelly spoke regarding the future sale of lots and stated he does not have a problem with the R20 and his desire is for the lots to be configured as estate style lots. Councilmember Licata spoke regarding lot size, estate lots, the frontage on Glade Road and the homeowners association maintaining the green space rather than a single homeowner. Councilmember Taylor moved to approve Ordinance 0-08-1659. Mayor Kelly seconded the motion and proposed an amendment that the developer will construct a masonry or stone retaining wall on the west side and replace any existing retaining wall material along the creek. Councilmember Taylor accepted the friendly amendment by the Mayor. The motion carried by the following vote: Aye: 5 -David Kelly, Tony Licata, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler Abstain: 1 -Carol Wollin 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Planning and Zoning Commission Minutes -February 11, 2008 There was no action take on this item. City of Colleyville Page 10 Printed on 3/6/2008 City Council City Council Minutes -Draft March 4, 2008 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 4, 2008 - Reading and Public Hearing -Resolution R-08-2950 This resolution was not needed. 11. 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, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -Rich Hendler Mayor Kelly adjourned the meeting at 8:55 p.m. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE 2008. AYES, NAYS AND DAY OF Minutes taken and prepared by: Nicole Seidel Records Coordinator City of Colleyville Page 11 Printed on 3/6/2008 "~^• . . ~ City of Colleyville Colleyville, Texas 76034 ~~.~~~~ (817) 503-1000 ~~ ~~~- Agenda Briefing vwvw.colleyville.com File Number: Version: 1 File Type: Resolution Agenda Date: 03/11/2008 Requester: Finance Department Agenda No.: 4b Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of a lease purchase agreement with Baystone Financial Group/Kansas State Bank of Manhattan through Houston-Galveston Area Council of Governments Purchasing Co-Operative for the lease of a Ford F-450 Frazer ambulance in the amount of $176,150.00 Attachments: Lease with Option to Purchase Agreement Dated as of March 11, 2008.pdf History of Legislative File Version: Date: Acting Body: Action Text: 03/11/2008 City Council Title Approval of a lease purchase agreement with Baystone Financial Group/Kansas State Bank of Manhattan through Houston-Galveston Area Council of Governments Purchasing Co-Operative (HGAC) for the tease of a Ford F-450 Frazer ambulance, in the amount of $176,150.00 Explanation Reading and Public Hearing On November 6, 2007, the City Council approved the purchase of a Ford F-450 Frazer ambulance, in the amount of $176,150.00 through the Houston-Galveston Area Council of Governments Purchasing Co-Operative (HGAC), with the purchase to be funded through a lease purchase agreement. HGAC also provides lease purchase financing through Bid Number LP08-06, which was awarded to Baystone Financial Group. The lease would be for a period of four years with annual payments of $38,177.10 and an annual interest rate of 4.59%. The total payments over the four year period are $189,708.40 ($176,150.00 principal / $13,558.40 interest). As required in the contract, the City Council has determined there is a true and very real need for the equipment to be acquired through the lease. The Council also authorizes Mayor David Kelly to execute any and all agreements necessary for the consumation of the lease. Financial Impact It has been determined that the first year lease down payment for the ambulance is included in the Fiscal Year 2008 Debt Service Fund budget in the amount of $37,000.00. The subsequent annual payments are $38,177.10, and will be paid from the Debt Service Fund budget. City of Colleyville Page 1 Printed on 3/8/2008 Agenda Briefin_g Continued Recommendation Approval City of Colleyville Page 2 Printed on 3/6/2008 TX Standard 102607 LEASE WITH OPTION TO PURCHASE AGREEMENT Lessee: City of Colleyville, Texas 100 Main Street Colleyville, Texas 76034 Dated as of March 11, 2008 Lessor: Kansas State Bank of Manhattan 1010 Westloop, P.O. Box 69 Manhattan, Kansas 66505-0069 This Lease With Option to Purchase Agreement dated as of the date listed above is between Lessor and Lessee listed directly above. Lessor desires to finance the purchase of the Equipment described in Exhibit "A" to Lessee and Lessee desires to finance the purchase of the Equipment from Lessor subject to the terms and conditions of this Agreement which are set forth below. 1. Definitions: Section 1.01. Definitions. The following terms will have the meanings indicated below unless the context clearly requires otherwise: "Additional Schedule" refers to the proper execution of additional Schedules to Exhibit A, Exhibit B, Exhibit C and Exhibit D as well as other exhibits or documents that may be required by the Lessor all of which relate to a lease of additional Equipment. "Agreement" means this Lease with Option to Purchase Agreement and all Exhibits attached hereto. "Budget Year" means the Lessee's fiscal year. "Commencement Date" is the date when Lessee's obligation to pay rent begins. "Equipment" means all of the items of Equipment listed on Exhibit "A" and all replacements, restorations, modifications and improvements. "Lessee" means the entity listed above as Lessee and which is leasing the Equipment from Lessor under the provisions of this Agreement. "Lessor" means the entity originally listed above as Lessor or any of its assignees. "Lease Term" means the Original Term and all Renewal Terms. "Original Term" means the period from the Commencement Date until the end of the Budget Year of Lessee. "Renewal Term" means the annual term which begins at the end of the Original Term and which is simultaneous with Lessee's Budget Year. "Rental Payments" means the payments Lessee is required to make under this Agreement as set forth on Exhibit "B". "State" means the state in which Lessee is located. II. Lessee Warranties °ection 2 01 Lessee represents warrants and covenants as follows for the benefit of Lessor or its assionees: (a) Lessee is an "issuer of tax exempt obligations" because Lessee is the State or a politcal subdivsion of the State within the meaning of Section 103(a) of the Internal Revenue Code of 1986, as amended, (the "Code") or because Lessee is a constituted authority or district authorized to issue obligations on behalf of the State or political subdivision of the State within the meaning of Treasury Regulation 1.103-1(b). (b) Lessee is authorized under the Constitution and laws of the State to enter into this Agreement, and has used such authority to properly execute and deliver this Agreement. Lessee has followed all proper procedures of its governing body in executing this Agreement. The Officer of Lessee executing this Agreement has the authority to execute and deliver this Agreement. This Agreement constitutes a legal, valid, binding and enforceable obligation of the Lessee in accordance with its tenns. (c) Lessee has complied with all statutory laws and regulations that may be applicable to the execution of this Agreement. (d) Lessee shall use the Equipment only for essential, traditional government purposes. (e) Should the IRS disallow the tax-exempt status of the Interest Portion of the Rental Payments as a result of the failure of the Lessee to use the Equipment for governmental purposes, then Lessee shall be required to pay additional sums to the Lessor or its assignees so as to bring the after tax yield to the same level as the Lessor or its assignees would attain 'rf the transaction continued to be tax-exempt. (f) Should the Lessee cease to be an issuer of tax exempt obligations or 'rf the obligation of Lessee created under this Agreement ceases to be a tax exempt obligation for any reason, then Lessee shall be required to pay additional sums to the Lessor or its assignees so as to bring the after tax yield on this Agreement to the same level as the Lessor or its assignees would attain if the transaction continued to be tax-exempt. (g) Lessee has never non-appropriated funds under an Agreement similar to this Agreement. (h) Lessee will submit to the Secretary of the Treasury an information reporting statement as required by the Code. (i) Upon request by Lessor, Lessee will provide Lessor with current financial statements, reports, budgets or other relevant fiscal information. Q) Lessee shall retain the Equipment free of any hazardous substances as defined in the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. 9601 et. seq. as amended and supplemented. (k) Lessee presently intends to continue this Agreement for the Original Term and all Renewal Terms as set forth an Exhibit "B" hereto. The official of Lessee responsible for budget preparation will inGude in the budget request for each Budget Year the Rental Payments to become due in such Budget Year, and will use all reasonable and lawful means available to secure the appropriation of money for such Budget Year sufficient to pay the Rental Payments coming due therein. Lessee reasonably believes that moneys can and will lawfully be appropriated and made available for this purpose. Section 2 02 Escrow Aoreement. In the event both Lessor and Lessee mutually agree to utilize an Escrow Account, then immediately following the execution and delivery of this Agreement, Lessor and Lessee agree to execute and deliver and to cause Escrow Agent to execute and deliver the Escrow Agreement. This Agreement shall take effect only upon execution and delivery of the Escrow Agreement by the parties thereto. Lessor shall deposit or cause to be deposited with the Escrow agent for credit to the Equipment Acquisition Fund the sum of $N/A, which shall be held, invested and disbursed in accordance with the Escrow Agreement. III. Acquisition of Equipment, Rental Payments and the Purchase Option Prlce Section 3 01 Acquisition and Acceotance. Lessee shall be solely responsible for the ordering of the Equipment and for the delivery and installation of the Equipment. Execution of the Acceptance Certificate by an employee, official or agent of the Lessee having managerial, supervisory or procurement authority with respect to the Equipment shall constitute acceptance of the Equipment on behalf of the Lessee. Section 3.02 Rental Pavments. Lessee shall pay Rental Payments exclusively to Lessor or its assignees in lawful, legally available money of the United States of America. The Rental Payments shall be sent to the location specked by the Lessor or its assignees. The Rental Payments shall constitute a current expense of the Lessee and shall not constitute an indebtedness of the Lessee. Lessor shall have the option to charge interest at the highest lawful rate on any Rental Payment received later than the due date for the number of days that the Rental Payment(s) were late. Lessor shall also have the option, on monthly payments only, to charge a late fee of up to 10% of the monthly Rental Payment that is past due. The Rental Payments will be payable without notice or demand. Section 3 03 Rental Pavments Unconditional. Except as provided under Section 4.01, THE OBLIGATIONS OF LESSEE TO MAKE RENTAL PAYMENTS AND TO PERFORM AND OBSERVE THE OTHER COVENANTS CONTAINED IN THIS AGREEMENT SHALL BE ABSOLUTE AND UNCONDITIONAL IN ALL EVENTS WITHOUT ABATEMENT, DIMINUTION, DEDUCTION, SET-OFF OR DEFENSE. Section 3 04 Purchase Option Price. Upon thirty (30) days written notice, Lessee shall have the option to pay, in addition to the Rental Payment, the corresponding Purchase Option Price which is listed on the same line on Exhibit B. This option is only available to the Lessee on the Rental Payment date and no partial prepayments are allowed. If Lessee chooses this option and pays the Purchase Option Price to Lessor then Lessor will transfer any and all of it's rights, title and interest in the Equipment to Lessee. Section 3.05. Lease Term. The Lease Term of the Agreement shall be the Original Term and all Renewal Terms until all the Rental Payments are paid as set forth on Exhibit B except as provided under Section 4.01 and Section 9.01 below. If, after the end of the budgeting process which occurs at the end of the Original Term or any Renewal Term, Lessee has not non-appropriated as provided for in this Agreement then the Lease Term shall be extended into the next Renewal Term and the Lessee shall be obligated to make all the Rental Payments that come due during such Renewal Term. Section 3.06. DisGaimer of Warranties. LESSOR MAKES NO WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, AS TO THE VALUE, DESIGN, CONDITION, MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE OR ANY OTHER WARRANTY WITH RESPECT TO THE EQUIPMENT. LESSOR SHALL NOT BE LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGE ARISING OUT OF THE INSTALLATION, OPERATION, POSSESSION, STORAGE OR USE OF THE EQUIPMENT BY LESSEE. IV. Non-Appropriation Section 4.01 Non-Appropriation. If insufficient funds are available in Lessee's budget for the next Budget Year to make the Rental Payments for the next Renewal Term and the funds to make such Rental Payments are otherwise unavailable, then Lessee shall have the option to non-appropriate the funds to pay the Rental Payments for the next Renewal Term. If Lessee chooses this option, then all obligations of the Lessee under this Agreement regarding Rental Payments for all remaining Renewal Terms shall be terminated at the end of the then current Original Term or Renewal Term without penalty or liability to the Lessee of any kind provided that if Lessee has not delivered possession of the Equipment to Lessor as provided herein and conveyed to Lessor or released its interest in the Equipment by the end of the last Budget Year for which Rental Payments were paid, the termination shall nevertheless be effective but Lessee shall be responsible for an amount equal to the amount of the Rental Payments thereafter coming due under Exhibit "B' which are attributable to the number of days after such Budget Year during which Lessee fails to take such actions. Lessee shall immediately notify the Lessor as soon as the decision to non-appropriate is made. If such non-appropriation occurs, then Lessee shall deliver the Equipment to Lessor as provided below in Section 9.04. Lessee shall be liable for all damage to the Equipment other than normal wear and tear. If Lessee fails to deliver the Equipment to Lessor, then Lessor may enter the premises where the Equipment is located and take possession of the Equipment and charge Lessee for costs incurred. V. Insurance, Damage, Insufficiency of Proceeds Section 5 01 Insurance. Lessee shall maintain troth casualty insurance and liability insurance at its own expense with respect to the Equipment. Lessee shall be solely responsible for selecting the insurer(s) and for making all premium payments and ensuring that all policies are continuously kept in effect during the period when Lessee is required to make Rental Payments. Lessee shall provide Lessor with a Certificate of Insurance which lists the Lessor and/or assigns as a loss payee and an additional insured on the policies with respect to the Equipment. (a) Lessee shall insure the Equipment against any loss or damage by fire and all other risks covered by the standard extended coverage endorsement then in use in the State and any other risks reasonably required by Lessor in an amount at least equal to the then applicable Purchase Option Price of the Equipment. Alternatively, Lessee may insure the Equipment under a blanket insurance policy or policies. (b) The liability insurance shall insure Lessor from liability and properly damage in any form and amount satisfactory to Lessor. (c) Lessee may self-insure against the casualty risks and liability risks described above. If Lessee chooses this option, Lessee must fumish Lessor with a certificate and/or other documents which evidences such coverage. (d) All insurance policies issued or affected by this Section shall be so written or endorsed such that the Lessor and its assignees are named additional insureds and loss payees and that all losses are payable to Lessee and Lessor or its assignees as their interests may appear. Each policy issued or affected by this Section shall contain a provision that the insurance company shall not cancel or materially modify the policy without first giving thirty (30) days advance notice to Lessor or its assignees. Lessee shall fumish to Lessor certificates evidencing such coverage throughout the Lease Term. erection 5 02 Damace to or Destruction of Eauioment. Lessee assumes the risk of loss or damage to the Equipment. If the Equipment or any portion thereof is lost, stolen, damaged, or destroyed by fire or other casualty, Lessee will immediately report all such losses to all possible insurers and take the proper procedures to attain all insurance proceeds. At the option of Lessor, Lessee shall either (1) apply the Net Proceeds to replace, repair or restore the Equipment or (2) apply the Net Proceeds to the applicable Purchase Option Price. For purposes of this Section and Section 5.03, the term Net Proceeds shall mean the amount of insurance proceeds collected from all applicable insurance policies after deducting all expenses incurred in the collection thereof. Section 5 03 Insuficiencv of Net Proceeds. If there are no Net Proceeds for whatever reason or if the Net Proceeds are insufficient to pay in full the cost of any replacement, repair, restoration, modification or improvement of the Equipment, then Lessee shall, at the option of Lessor, either (1) complete such replacement, repair, restoration, modification or improvement and pay any costs thereof in excess of the amount of the Net Proceeds or (2) apply the Net Proceeds to the Purchase Option Price and pay the deficiency, if any, to the Lessor. Section 5.04 Lessee Neoligence. Lessee assumes all risks and liabilities, whether or not covered by insurance, for loss or damage to the Equipment and for injury to or death of any person or damage to any property whether such injury or death be with respect to agents or employees of Lessee or of third parties, and whether such property damage be to Lessee's property or the property of others (incuding, without limitation, liabilities for loss or damage related to the release or threatened release of hazardous substances under the Comprehensive Environmental Response, Compensation and Liability Act, the Resource Conservation and Recovery Act or similar or successor law or any state or local equivalent now existing or hereinafter enacted which in any manner arise out of or are incident to any possession, use, operation, condition or storage of any Equipment by Lessee) which is proximately caused by the negligent conduct of Lessee, its officers, employees and agents. Lessee hereby assumes responsibility for and agrees to reimburse Lessor for ail liabilities, obligations, losses, damages, penalties, claims, actions, costs and expenses (including reasonable attorneys' fees) of whatsoever kind and nature, imposed on, incurred by or asserted against Lessor that in any way relate to or arise out of a claim, suit or proceeding, based in whole or in part upon the negligent conduct of Lessee, its officers, employees and agents, to the maximum extent permitted by law. VI. Title and Security Interest Section 6.01. Title. Title to the Equipment shall vest in Lessee when Lessee acquires and accepts the Equipment. Title to tfre Equipment will automatically transfer to the Lessor in the event Lessee non-appropriates under Section 4.01 or in the event Lessee defaults under Section 9.01. In either of such events, Lessee shall execute and deliver to Lessor such documents as Lessor may request to evidence the passage of legal title to the Equipment to Lessor. Section 6 02. Security Interest. To secure the payment of all Lessee's obligations under this Agreement, Lessee hereby grants to Lessor a security interest under the Uniform Commercial Code constituting a first lien on the Equipment described more fully on Exhibit "A". The security interest established by this section includes not only all additions, attachments, repairs and replacements to the Equipment but also all proceeds therefrom. Lessee authorizes Lessor to prepare and record any Financing Statement required under the Uniform Commercial Code to pertect the Security Interest created hereunder. VII. Assignment Section 7 01 Assicnment by Lessor. All of Lessor's rights, title and/or interest in and to this Agreement may be assigned and reassigned in whole or in part to one or more assignees or sub-assignees (including a Registered Owner for Lease Participation Certificates) by Lessor at any time without the consent of Lessee. No such assignment shall be effective as against Lessee until the assignor shall have filed with Lessee written notice of assignment identifying the assignee. Lessee shall pay all Rental Payments due hereunder relating to such Equipment to or at the direction of Lessor or the assignee named in the notice of assignment. Lessee shall keep a complete and accurate record of all such assignments. Section 7 02 Assicnment by Lessee. None of Lessee's right, title and interest under this Agreement and in the Equipment may be assigned by Lessee unless Lessor approves of such assignment in writing before such assignment occurs and only after Lessee first obtains an opinion from nationally recognized counsel stating that such assignment will not jeopardize the tax-exempt status of the obligation. VIII. Maintenance of Equipment Section 8.01. Lessee shall keep the Equipment in good repair and working order. Lessor shall have no obligation to inspect, test, service, maintain, repair or make improvements or additions to the Equipment under any circumstances. Lessee will be liable for all damage to the Equipment, other than normal wear and tear, caused by Lessee, its employees or its agents. Lessee shall pay for and obtain all permits, licenses and taxes necessary for the installation, operation, possession, storage or use of the Equipment. If the Equipment includes any titled vehicle(s), then Lessee is responsible for obtaining such title(s) from the State and also for ensuring that Lessor is listed as First Lienholder on all of the title(s). Lessee shall not use the Equipment to haul, convey or transport hazardous waste as defined in the Resource Conservation and Recovery Act, 42 U.S.C. 6901 et. seq. Lessee shall not during the term of this Agreement create, incur or assume any levies, liens or encumbrances of any kind with respect to the Equipment except those created by this Agreement. Lessee agrees that Lessor or its Assignee may execute any additional documents including financing statements, affidavits, notices, and similar instruments, for and on behalf of Lessee which Lessor deems necessary or appropriate to protect Lessor's interest in the Equipment and in this Agreement. The Equipment is and shall at all times be and remain personal property. Lessee shall allow Lessor to examine and inspect the Equipment at all reasonable times. IX. Default Section 9 01 Events of Default defined. The following events shall constitute an "Event of Default' under this Agreement: (a) Failure by Lessee to pay any Rental Payment listed on Exhibit "B" for fifteen (15) days after such payment is due according to the Payment Date listed on Exhibit "B". (b) Failure to pay any other payment required to be paid under this Agreement at the time specified herein and a continuation of said failure for a period of fifteen (15) days after written notice by Lessor that such payment must be made. If Lessee continues to fail to pay any payment after such period, then Lessor may, but will not be obligated to, make such payments and charge Lessee for all costs incurred plus interest at the highest lawful rate. (c) Failure by Lessee to observe and perform any warranty, covenant, condition, promise or duty under this Agreement for a period of thirty (30) days after written notice specifying such failure is given to Lessee by Lessor, unless Lessor agrees in writing to an extension of time. Lessor will not unreasonably withhold its consent to an extension of time 'rf corrective action is instkuted by Lessee. Subsection (c) does not apply to Rental Payments and other payments discussed above. (d) Any statement, material omission, representation or warranty made by Lessee in or pursuant to this Agreement which proves to be false, incorrect or misleading on the date when made regardless of Lessee's intent and which materially adversely affects the rights or security of Lessor under this Agreement. (e) Any provision of this Agreement which ceases to be valid for whatever reason and the loss of such provision would materially adversely affect the rights or security of Lessor. (f) Lessee admits in writing its inability to pay its obligations. Lessee defaults on one or more of its other obligations. Lessee applies or consents to the appointment of a receiver or a custodian to manage its affairs. Lessee makes a general assignment for the benefit of creditors. Section 9.02. Remedies on Default. Whenever any Event of Default exists, Lessor shall have the right to take one or any combination of the following remedial steps: (a) With or without terminating this Agreement, Lessor may deGare all Rental Payments and other amounts payable by Lessee hereunder to the end of the then current Budget Year to be immediately due and payable. (b) With or without terminating this Agreement, Lessor may require Lessee at Lessee's expense to redeliver any or all of the Equipment to Lessor as provided below in Section 9.04. Such delivery shall take place within fifteen (15) days after the event of default occurs. If Lessee fails to deliver the Equipment, Lessor may enter the premises where the Equipment is located and take possession of the Equipment and charge Lessee for cost incurced. Notwithstanding that Lessor has taken possession of the Equipment, Lessee shall still be obligated to pay the remaining Rental Payments due up until the end of the then current Original Term or Renewal Term. Lessee will be liable for any damage to the Equipment caused by Lessee or its employees or agents. (c) Lessor may take whatever action at law or in equity that may appear necessary or desirable to enforce its rights. Lessee shall be responsible to Lessor for all costs incurced by Lessor in the enforcement of its rights under this Agreement including, but not limited to, reasonable attorney fees. Section 9 03 No Remedv Exdusive. No remedy herein conferred upon or reserved to Lessor is intended to be exdusive and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement now or hereafter existing at law or in equity. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or shall be construed to be a waiver thereof. Section 9 04 Return of Eauioment and Storeoe. (a) Surrender: The Lessee shall, at its own expense, surrender the Equipment to the Lessor in the event of a Default or aNon-appropriation by delivering the Equipment to the Lessor to a location accessible by common carrier and designated by Lessor. In the case that any of the Equipment consists of software, Lessee shall destroy all intangible items constituting such software and shall deliver to Lessor all tangible items consttuting such software. At Lessors request, Lessee shall also certify in a form acceptable to Lessor that Lessee has complied with the above software return provisions and that they will immediately cease using the software and that they shall permit Lessor and/or the vendor of the software to inspect Lessee's locations to verify compliance with the tercns hereto. (b) Delivery: The Equipment shall be delivered to the location designated by the Lessor by a common carrier unless the Lessor agrees in writing that a common carrier is not needed. When the Equipment is delivered into the custody of a common carrier, the Lessee shall arcange for the shipping of the item and its insurance in transit in accordance with the Lessor's instructions and at the Lessee's sole expense. Lessee at its expense shall completely sever and disconnect the Equipment or its component parts from the Lessee's property all without liability to the Lessor. Lessee shall pack or crate the Equipment and all of the component parts of the Equipment carefully and in accordance with any recommendations of the manufacturer. The Lessee shall deliver to the Lessor the plans, specifications operation manuals or other warranties and documents furnished by the manufacturer or vendor on the equipment and such other documents in the Lessee's possession relating to the maintenance and methods of operation of such Equipment. (c) Condition: When the Equipment is surrendered to the Lessor it shall be in the condition and repair required to be maintained under this Agreement. It will also meet all legal regulatory conditions necessary for the Lessor to sell or lease it to a third party and be free of all liens. If Lessor reasonably determines that the Equipment or an item of the Equipment, once it is returned, is not in the condition required hereby, Lessor may cause the repair, service, upgrade, modification or overhaul of the Equipment or an item of the Equipment to achieve such condition and upon demand, Lessee shall promptly reimburse Lessor for all amounts reasonably expended in connection with the foregoing. (d) Storage: Upon written request by the Lessor, the Lessee shall provide free storage for the Equipment or any item of the Equipment for a period not to exceed 60 days after the expiration of its lease term before returning it to the Lessor. The Lessee shall arrange for the insurance described to continue in full force and effect with respect to such item during its storage period and the Lessor shall reimburse the Lessee on demand for the incremental premium cost of providing such insurance. X. Miscellaneous Section 10.01. Notices. All notices shall be sufficiently given and shall be deemed given when delivered or mailed by registered mail, postage prepaid, to the parties at their respective places of business as first set forth herein or as the parties shall designate hereafter in writing. Section 10.02. Binding Effect. This Agreement shall inure to the benefit of and shall be binding upon Lessee and Lessor and their respective successors and assigns. Section 10 03. Severabilitv. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. Section 10 04 Amendments Addenda. Chances or Modffications. This Agreement may be amended, added to, changed or modified by written agreement duly executed by Lessor and Lessee. Section 10 05. Execution in Counterparts. This Agreement may be simultaneously executed in several counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 10.06. Captions. The captions or headings in this Agreement do not define, limit or describe the scope or intent of any provisions or sections of this Agreement. Section 10.07. Master Lease. This Agreement can be utilized as a Master Lease Agreement. This means that the Lessor and the Lessee may agree to the lease of additional Equipment under this Agreement at some point in the future by executing one or more Additional Schedules to Exhibit A, Exhibit B, Exhibit C and Exhibit D as well as other exhibits or documents that may be required by Lessor. Additional Schedules will be consecutively numbered on each of the exhibits which make up the Additional Schedule and all the terms and conditions of the Agreement shall govern each Additional Schedule. Section 10.08. Entire Writinc. This Agreement constitutes the entire writing between Lessor and Lessee. No waiver, consent, modification or change of terms of this Agreement shall bind either party unless in writing and signed by both parties, and then such waiver, consent, modification or change shall be effective only in the specific instance and for the specific purpose given. There are no understandings, agreements, representations, conditions, or warranties, express or implied, which are not specified herein regarding this Agreement or the Equipment leased hereunder. Any terms and conditions of any purchase order or other documents submitted by Lessee in connection with this Agreement which are in addition to or inconsistent with the terms and conditions of this Agreement will not be binding on Lessor and will not apply to this Agreement. Lessor and Lessee have caused this Agreement to be executed in their names by their duly authorized representatives listed below. CITY OF COLLEYVILLE, TEXAS KANSAS STATE BANK OF MANHATTAN Signature David Kelly Mavor Typed Name and Title Signature Typed Name and Title Schedule (01) EXHIBIT A DESCRIPTION OF EQUIPMENT RE: Lease With Option to Purchase Agreement dated as of March 11, 2008, between Kansas State Bank of Manhattan (Lessor) and Citv of Collevville. Texas (Lessee) Below is a detailed description of all the items of Equipment including quantity, model number and serial number where applicable: One (1) Frazer Ambulance A051 Type I 14' on Ford F-450 Diesel DRW Cab/Chassis, VIN: IFDXF46R08ED38700 Location of Equipment: Schedule (01) EXHIBIT B PAYMENT SCHEDULE RE: Lease With Option to Purchase Agreement dated as of March 11, 2008, between Kansas State Bank of Manhattan (Lessor) and Citv of Collevville. Texas (Lessee) Date of First Payment: October 15, 2008 Original Balance: $139,150.00 Total Number of Payments: Four (4) Number of Payments Per Year: One (1) Pmt Due Rental Applied to Applied to *Purchase No Date Payment Interest Principal Option Price 1 15-Oct-08 $38,177.10 $3,796.71 $34,380.39 $107,526.85 2 15-Oct-09 $38,177.10 $4,808.93 $33,368.17 $72,815.34 3 15-Oct-10 $38,177.10 $3,277.33 $34,899.77 $36,985.08 4 15-Oct-11 $38,177.10 $1,675.43 $36,501.67 $0.00 Citv of Collevville, Texas Signature David Kelly Mayor Typed Name and Title Assumes all Rental Payments due to date are paid Schedule !01) EXHIBIT C CERTIFICATE OF ACCEPTANCE RE: Lease With Option to Purchase Agreement dated as of March 11. 2008, between Kansas State Bank of Manhattan (Lessor) and Citv of Collevville. Texas (Lessee) I, the undersigned, hereby certify that I am a duly qualified representative of Lessee and that 1 have been given the authority by the Governing Body of Lessee to sign this Certificate of Acceptance with respect to the above referenced Agreement. I hereby certify that: 1. The Equipment described on Exhibit A has been delivered and installed in accordance with Lessee's specifications. 2. Lessee has conducted such inspection and/or testing of the Equipment as it deems necessary and appropriate and hereby acknowledges that it accepts the Equipment for all purposes. 3. Lessee has appropriated and/or taken other lawful actions necessary to provide moneys sufficient to pay all Rental Payments required to be paid under the Agreement during the current Budget Year of Lessee, and such moneys will be applied in payment of all Rental Payments due and payable during such current Budget Year. 4. Lessee has obtained insurance coverage as required under the Agreement from an insurer qualified to do business in the State. 5. No event or condition that constitutes or would constitute an Event of Default exists as of the date hereof. 6. The governing body of Lessee has approved the authorization, execution and delivery of this Agreement on its behalf by the authorized representative of Lessee who signed the Agreement. 7. Please list the Source of Funds (Fund Item in Budget) for the Rental Payments that come due under Exhibit B of this Agreement. Debt Service Fund If the above Source of Funds is solely a grant type fund, then the Lessee, by signing below, hereby authorizes the General Fund of the Lessee as a backup source of funds from which the Rental Payments can be made. City of Collevville. Texas Signature David Kelly Mavor Typed Name and Title Schedule (01) EXHIBIT D LESSEE RESOLUTION RE: Lease With Option to Purchase Agreement dated as of March 11, 2008, between Kansas State Bank of Manhattan (Lessor) and City of Collevville, Texas (Lessee) At a duly called meeting of the Governing Body of the Lessee (as defined in the Agreement) held on the following resolution was introduced and adopted: BE IT RESOLVED by the Governing Body of Lessee as follows: 1. Determination of Need. The Governing Body of Lessee has determined that a true and very real need exists for the acquisition of the Equipment described on Exhibit A of the Lease With Option to Purchase Agreement dated as of March 11, 2008, between Citv of Collevville. Texas (Lessee) and Kansas State Bank of Manhattan (Lessor). 2. Approval and Authorization. The Governing Body of Lessee has determined that the Agreement, substantially in the form presented to this meeting, is in the best interests of the Lessee for the acquisition of such Equipment, and the Governing Body hereby approves the entering into of the Agreement by the Lessee and hereby designates and authorizes the following person(s) to execute and deliver the Agreement on Lessee's behalf with such changes thereto as such person(s) deem(s) appropriate, and any related documents, including any Escrow Agreement, necessary to the consummation of the transaction contemplated by the Agreement. Authorized Individual(s): (Printed or Typed Name and Title of individual(s) authorized to execute the Agreement) 3. Adoption of Resolution. The signatures below from the designated individuals from the Governing Body of the Lessee evidence the adoption by the Governing Body of this Resolution. Signature: (Signature of Secretary, Board Chairman or other member of the Governing Body) Typed Name 8~ Title (Typed Name and Title of individual who signed directly above) effoctarl Rv• (Signature of one additional person who can witness the passage of this Resolution) Typed Name 8~ Title: (Typed name of individual who signed directly above) Schedule (01) BANK QUALIFIED CERTIFICATE RE: Lease With Option to Purchase Agreement dated as of March 11, 2008, between Kansas State Bank of Manhattan (Lessor) and Citv of Collevville. Texas (Lessee) Whereas, Lessee hereby represents that it is a "Bank Qualified" Issuer for the calendar year in which this Agreement is executed by making the following designations with respect to Section 265 of the Internal Revenue Code. (A "Bank Qualified Issuer" is an issuer that issues less than ten million ($10,000,000) dollars of tax-exempt obligations during the calendar year). Now, therefor, Lessee hereby designates this Agreement as follows: 1. Designation as Qualified Tax-Exempt Obligation. Pursuant to Section 265(b)(3)(B)(i) of the Internal Revenue Code of 1986 as amended (the "Code"), the Lessee hereby specifically designates the Agreement as a "qualified tax-exempt obligation" for purposes of Section 265(b)(3) of the Code. In compliance with Section 265(b)(3)(D) of the Code, the Lessee hereby represents that the Lessee will not designate more than $10,000,000 of obligations issued by the Lessee in the calendar year during which the Agreement is executed and delivered as such "qualified tax-exempt obligations". 2. Issuance Limitation. In compliance with the requirements of Section 265(b)(3)(C) of the Code, the Lessee hereby represents that the Lessee (including all subordinate entities of the Lessee within the meaning of Section 265(b)(3)(E) of the Code) reasonably anticipates not to issue in the calendar year during which the Agreement is executed and delivered, obligations bearing interest exempt from federal income taxation under Section 103 of the Code (other than "private activity bonds" as defined in Section 141 of the Code) in an amount greater than $10,000,000. City of Collevville, Texas Signature David Kelly Mavor Typed Name and Title ~'~ ~.. ~ Clt of Colle V~~~e 100 Main Street ~ Y Y 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: 03/11/2008 Agenda No.: 4c Controlling Body: City Council Final Action: File Name: Approval to accept an offer for right-of-way purchase from the Texas Department of Transportation (TxDOT), and authorize the City Manager to execute all associated documents Attachments: Texas Department of Transportation Appraisal Letter Dated January 15, 2007 History of Legislative File Version: Date: Acting Body: Action Text: 03/11/2008 City Council Title Approval to accept an offer for right-of-way purchase from the Texas Department of Transportation (TxDOT), and authorize the City Manager to execute all associated documents Explanation Reading and Public Hearing The Texas Department of Transportation (TxDOT) is still in the process of purchasing the necessary right-of-way from the 150 plus tracts of land located in Colleyville for the planned improvements to SH26. TxDOT has previously purchased six tracts from the City for this project. These sales were approved by City Council on August 15, 2006. TxDOT made an offer on a seventh tract, located on the west side of SH26 at Church Street, owned by the City at the same time as the others. However, since the time of the appraisal for this tract was complete and an offer was made, the City sold a portion of the tract. TxDOT then retracted the offer and resumed the process. The right-of-way purchase will be from City owned right-of-way along Church Street and will not affect the construction currently underway. TxDOT has offered $7,128.00 for the 1,188 square feet of right-of-way. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 3/6/2008 ,Texas Department of Transportation P.O. BOX 6868 • FORT WORTH, TEXAS 76115-0868 • (817) 370-6500 January 15, 2008 Tarrant County SH 26 From: Cheek-Sparger Road to Brumlow Road ROW CSJ: 0363-01-123 8002-01-098 Parcel 88A (Being 1,188 square feet of land, more or less, out of the Nancy B. Looney Survey, Abstract No. 937 situated in the City of Colleyville, Tarrant County, Texas) City of Colleyville c/o Chad Bartee, City Engineer 100 Main Street Second Floor, City Hall Colleyville, Texas, 76034 Ladies and Gentlemen: Recently you received a letter from this office informing you that the above referenced project had been placed on hold. As of the date of this letter, the acquisition process has resumed. According to our files, the initial offer for acquisition of your property was presented to you on November 9, 2007 in the amount of $7,128.00. Due to the recent delay in this project, we are extending to you an additional ten days, or until Monday, February 25, 2008 to respond to the offer. Should you have any questions or wish to accept this offer, please contact Mr. Jeremy Tyson at (817)370-6572. Sincerely, ~~~~~ Scott B. Hall District Right of Way Administrator Fort Worth District SH:jt An Equal Opportunity Employer ,,, ~' ~~ 100 Main Street City of Colleyville Colleyville, Texas 76034 ~° ~ (817) 503-1000 ~~~~- Agenda Briefing www•colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 03/11/2008 Controlling Body: City Council Requester: Community Agenda No.: 4d Final Action: Development Department File Name: Approval of aCity-Developer Agreement with Villas of Colleyville, LLC, for the Villas of Colleyville Addition, and authorize the City Manager to execute the Agreement Attachments: City -Developer Agreement for Villas of Colleyville History of Legislative File Version: Date: Acting Body: Action Text: 1 03/11/2008 City Council Title Approval of aCity-Developer Agreement with Villas of Colleyville, LLC, for the Villas of Colleyville Addition, and authorize the City Manager to execute the Agreement Explanation Reading and Public Hearing The final plat for the Villas of Colleyville was approved by City Council on December 4, 2007, by Resolution R-07-2911. Staff and the City Attorney have reviewed the subject agreement with Villas of Colleyville, LLC, and find it to be consistent with development policies and ordinances. The purpose of the subject agreement is to: (1) assign to the developer the responsibility to place in escrow the sum of $10,000.00 fora "Welcome to Colleyville" monument sign at the northwest corner of the Development until completion of the branding study; and (2) assign responsibility to the developer for the construction of public access pedestrian gates at the entrances of the Development, which will allow public use of the internal sidewalks through the Development prior to final acceptance of the Development. Financial Impact It has been determined that there is no financial impact to the City. The Developer will escrow funds for the construction of the "Welcome to Colleyville" monument sign as established in the Agreement. Recommendation Approval City of Colleyville Page 1 Printed on 3/5/2008 City of Colleyville City/Developer Agreement for Villas of Colleyville That, Villas of Colleyville, LLC., hereinafter called "Developer" and the City of Colleyville, Tarrant County, Texas, hereinafter called "City", enters into the following agreement (The "Agreement"). In consideration of the mutual covenants herein contained and for the Villas of Colleyville, which is shown on the attached Exhibit "A" (hereinafter the "Property" or the "Development") and which shall be an addition to the City of Colleyville, Texas as filed of record in the Plat Records of Tarrant County, Texas, the parties hereto agree: 1. Prior to final acceptance of this development, the Developer shall place in escrow the sum of $10,000.00 fora "Welcome to Colleyville" monument sign at the northwest corner of the Development until completion of the branding study. 2. The sign will meet the design specifications as required by the branding study. The sign will be maintained by the homeowner's association. 3. The monument sign shall be located within the notated sign easement located along McDonwell School Road on the Villas of Colleyville Final Plat. 4. The primary construction materials for the monument sign shall be of concrete, stone and/or brick masonry. 5. Following the completion of the branding study, the aforementioned escrow amount shall be revised to accommodate the above standards. 6. The Developer understands that he has no authority to cancel or amend the terms of the Agreement without specific written authority from the City. 7. Public access pedestrian gates shall be constructed at the entrances of the Development to provide public use of the internal sidewalks through the Development prior to final acceptance of the Development. 8. If for any reason the ownership of the property should change prior to acceptance by the City of the public improvements, it is agreed that these conditions will pass from this Developer to the next Owner and the City will require property signatures of the new Owner agreeing to the terms of the Agreement. City/Developer Agreement for the Villas of Colleyville Page 1 9. Default. In the event either party fails to comply with any covenants or obligations of this Agreement the other party may pursue any remedy available at law or in equity; provided that neither party shall be in default unless and until such party fails to cure any failure within sixty (60) days (30 days for money payments) following its receipt of written notice thereof from the other party (a "Default Notice"). The prevailing party to any dispute arising out of the enforcement of this Agreement shall be entitled to recover from the losing party reasonable attorney's fees, expenses and costs. 10. Miscellaneous; a. All construction will be in accordance with applicable codes, regulations, ordinances, and approvals of the City. b. Except as otherwise provided for herein, this Agreement may not be assigned by either party without the written consent of the other party. c. This Agreement contains the entire agreement of the parties with respect to the matters contained herein and may not be modified or terminated except upon the provisions hereof or by the mutual written agreement of the parties hereto. d. This Agreement shall be construed in accordance with the laws of the State of Texas and shall be performable in Tarrant County, Texas. e. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. The individuals executing this Agreement on behalf of the respective parties below represent to each other and to others that all appropriate and necessary action has been taken to authorize the individual who is executing this Agreement to do so for and on behalf of the party for which his or her signature appears, that there are no other parties or entities required to execute this Agreement in order for the same to be an authorized and binding agreement on the party for whom the individual is signing this Agreement and that each individual affixing his or her signature hereto is authorized to do so, and such authorization is valid and effective on the date hereof. g. This Agreement is executed by the parties hereto without coercion or duress and for substantial consideration, the sufficiency of which is forever confessed. h. Any notice provided for under the terms of this Agreement by either party to the other shall be in writing and may be effected by registered or certified mail, return receipt requested. Notice to the City shall be sufficient if made or addressed to City Manager, 100 Main Street Colleyville, Texas City/Developer Agreement for the Villas of Colleyville Page 2 76034, with a copy to the City Attorney, Matthew C. G. Boyle, Boyle & Lowry, L.L.P., 4201 Wingren, Suite 108, Irving, Texas 75062. Notice to Developer shall be sufficient if made or addressed to P.O. Box 1604, Hurst, Texas 76053. Each party may change the address to which notice may be sent to that party by giving notice of such change to the other parties in accordance with the provisions of this Agreement. i. This Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. In case any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof, and this agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. k. Each signatory represents this Agreement has been read by the party for which this Agreement is executed and that such party has had an opportunity to confer with its counsel. I. The parties agree this Agreement has been drafted jointly by the parties and their legal representatives. Villas of Colleyville, LLC. By: John Fegan Name: John Fegan CITY OF COLLEYVILLE Name: William Lindley, City Manager Date Date City/Developer Agreement for the Villas of Colleyville Page 3 CORPORATE ACKNOWLEDGMENT: The State of Texas County of Before me, the undersigned, on this day personally appeared John Fegan, of ,proved to me through the presentation of a valid Texas Drivers License to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Mr. Fegan furthermore attested that he is signing this in his capacity as of ,and that such capacity makes his signature valid to bind the company, Seal: GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of 2008. My Commission Expires: Notary Public in and for the State of Texas City/Developer Agreement for the Villas of Colleyville Page 4 f-~~'=, 100 Main Street (~ ~ City of C o I I eyv i I I e Col I (81'7) 03X1000 034 ~y ~'"' Agenda Briefing vw~~colleyville.com File Number: 0-08-1666 File Number: 0-08-1666 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 03/04/2008 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a Special Use Permit for a charitable donation station on Tract 2C03, Abstract 206 of the B.B.B. and C. Ry Survey located at 4917 Colleyville Boulevard, Case Z-08-003 Attachments: Location and Zoning Map Notification List Letter of Appeal Letter in Opposition Applicant's Request to be Continued Statement of Planning Objectives Revised Zoning Exhibit Ordinance 0-08-1666 History of Legislative File Version: Date: Acting Body: Action Text: 02/11/2008 Planning and Zoning Commission 03/04/2008 City Council 03/11/2008 City Council Title Approval of a request for a Special Use Permit for a charitable donation station on Tract 2C03, Abstract 206 of the B.B.B. and C. Ry Survey located at 4917 Colleyville Boulevard, Case Z-08-003 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the March 4, 2008 meeting. Staff did receive one letter in opposition to the request after the City Council packets were delivered and the letter has been attached to this briefing. Update The applicant has submitted a revised site plan and building elevation plan. The following portion of the briefing has been updated and includes a description of the attached revised zoning exhibit. The ordinance has been updated to reflect the revised site plan. Site Plan. The applicant is proposing to use the existing 1,222 square foot structure on the subject property for the donation station. The revised site plan shows the addition of a solid masonry, or stucco wall, around the perimeter of the existing building. This wall will connect to the edge of the existing awnings connected to the building. This will create a fully City of Colleyville Page 1 Printed on 3/6/2008 Agenda Briefing Continued (0-08-1666) enclosed area that will increase the size of the building to 4,000 square feet. The applicant intends to utilize this area for storage of donated items. The applicant has added a covered drive-through area to the building. The drive-through is proposed to be located on the south side of the building will be utilized for the collection of donated items. First Reading and Public Hearing The applicant has submitted a letter requesting that discussion of this item be tabled until the March 11, 2008, City Council meeting in order to allow the applicant time to submit revised building plans. David Bostick submitted an application for a Special Use Permit (SUP) to allow a charitable donation station located at 4917 Colleyville Boulevard. Existing Conditions. The applicant is proposing to relocate the existing Goodwill Industries charitable donation station located at 5117 Colleyville Boulevard to the subject property. The subject property currently contains an abandoned building that was previously utilized as a Sonic drive-in restaurant. Existing Zoning. The property is currently zoned CC1-Village Retail. On February 5, 2008 the City Council approved the addition of a charitable donation station use to the Land Development Code. The use is allowed with the approval of a Special Use Permit in the CC1-Village Retail, CC2-Shopping Center and CC3-Highway Commercial zoning districts. Platting. The property is currently unplatted and will require plat approval upon approval of the zoning request by the City Council. Site Plan. The applicant is proposing to use the existing 1,222 square foot structure on the subject property for the donation station. The applicant intends to remove the independent awning structures that were part of the previous drive-in restaurant and redesign the awnings that extend from the main structure. The redesigned awnings will include the construction of a four (4) foot masonry wall around three sides of the existing building that will topped by a steel lattice that will be painted black and extend to the roofline of the existing awning, creating a partially enclosed area. The applicant has submitted a rendering of the proposed improvements. Staff recommends that this partially enclosed area be fully enclosed and made part of the existing building floor area, which would change the building square footage from 1,222 square feet to approximately 4,000 square feet. At the Planning and Zoning Commission meeting held on February 11, 2008, the applicant indicated that there will be adrive-through provided for individuals who wish to drop-off donated items. The applicant, however, did not mention adrive-through in the Statement of Planning Objectives and has not indicated adrive-through location on the attached exhibits. Off-Street Loading/Unloading. The applicant states that the loading/unloading area will be located behind the building and screened from view by a double swing door which will lead City of Colleyville Page 2 Printed on 3/6/2008 Agenda Briefing Continued (0-08-1666) to a stucco or masonry screened enclosure. The Land Development Code requires that a commercial building under 10,000 square feet in size shall have at least one off-street loading area that is a minimum of ten (10) feet long and 50 feet wide. The property has 2,100 square feet of loading area and meets the minimum requirements of the Land Development Code. The applicant states that there will be no outside storage of donated or other items on the subject property. Parking. The applicant is proposing to remove 16 existing parking spaces immediately adjacent to the building and keep eight existing parking spaces located on the north property line for a total of eight parking spaces provided for the proposed use. Staff agrees that eight parking spaces are adequate for the proposed use. The applicant states that there will be no overnight parking of tractor trailers or donation trailers on the property and notes that shipping of donated merchandise will average at one or two pickups per day from this proposed location. Landscaping. The applicant states that most of the existing landscaping on the property is located along the front of the property and is now part of the recently acquired right-of-way for Colleyville Boulevard. The applicant indicates that future landscaping "will be addressed in stages to appropriate planting seasons" and depicts proposed landscaping on the attached exhibit. Special Use Permit Revocation Provision. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy for the approved use. This provision has been added to the draft ordinance. Master Plan. The Colleyville Master Plan designates the future use of this area for retail land uses. The proposed use of a charitable donation station is allowed with the approval of a Special Use Permit. Adjacent Zoning and Development. The surrounding properties are primarily developed as retail and office uses. Properties to the west are zoned CC2-Shopping Center and PUDC-Planned Unit Development Commercial and developed as retail and office. The property to the south is zoned CC1-Village Retail and developed as a restaurant. The property to the north is zoned CC1-Village Retail and is currently being redeveloped as a restaurant. The property to the east is zoned CC1-Village Retail and currently used as an office. Public Notification. Staff mailed notices to 11 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 one letter of opposition. Planning and Zoning Commission Recommendation and Appeal to the City Council. The Planning and Zoning Commission recommended denial of the rezoning request at the February 11, 2008, meeting by a vote of 5-2. A letter was received by the applicant on February 20, 2008, requesting that the case be appealed to the City Council for consideration. The Land Development Code states that, upon a recommendation of denial City of Colleyville Page 3 Printed on 3/6/2008 Agenda Briefing Continued (0-08-1666) by the Planning and Zoning Commission, if the applicant submits a written notice of appeal within ten (10) days from the date of the action by the Commission, notice shall be sent to all property owners within two hundred (200) feet of the area being considered and the applicant's rezoning request shall be placed on the next available agenda for consideration by the City Council. Supermajority Vote Requirement. Since the Planning and Zoning Commission voted to recommend denial of the request, the request can only be approved by a supermajority vote by the City Council. This request must receive at least six (6) affirmative votes, of those present, in order to be approved. Summary. Although the proposed use will not generate sales or property tax revenue for the City, it will involve the relocation of a community-based charitable operation in the City. Proposed improvements to the building include the removal of the independent awning structures, new paint, new masonry walls and reduction of parking. Financial Impact It has been determined that there is no financial impact. Recommendation Approval subject to the conditions in the draft ordinance. City of Colleyville Page 4 Printed on 3/6/2008 Location and Zoning Map Notification List OWNER OWNER OWNER ACCOUNT OWNER_NAME OWNER_ADDR CITY STATE ZIP 76034 SITUS_ADDR 5003 Colleyville Blvd 06764460 Sawyer, Nelle C Tr 5003 Colleyville Blvd Colleyville Colleyville TX TX 76034 905 Old Glade Rd 03781941 Thompson, Jno E 5017 Montclair Dr Colleyville TX 76034 710 Glade Rd. 07868820 Vandergriff, Joan 710 Glade Rd. 17400 Dallas Pkwy Ste 216 Dallas TX 75287 4904 Colleyville Blvd 06550622 Colleyville Plaza 17400 Dallas Pkwy Ste 216 Dallas TX 75287 4908 Colleyville Blvd 06550630 Colleyville Glade Corp 17400 Dallas Pkwy Ste 216 l le Blvd 06550649 Colleyville Glade Corp 1190 Explorer St pu ncanville TX 75137 700 Glade Rd 06615988 Zell Three Inc PO Box 820895 Fort Worth TX 76182 4913 Colleyville Blvd 06593119 Noblit, Don Etux Barbara Looney, John R, Subject 3001 S Country Club Rd Garland 7?t 75043 4917 Colleyville Blvd 03781968 Property Owner Kingston MA 02364 5005 Colleyville Blvd 06764452 Colleyville 5005 Llc 16 Seaview Dr Fort Worth TX 76119 applicant David Bostick, applicant 4005 Campus Dr. Public hearing notices were mailed on Jan. 31, 2008 by Amy Shelley Signature „~~. ULt[UtYUUti II:Jf) rFltib Y.UU11UU1 Letter of Appeal ~ Goodwill Industries of Fort Worth, Inc. P.O. Box 15520 - 4005 Campus Drive - (817) 332-7866 Fart Worth, Texas 76119-0520 -Fax: (817) 335-4610 httpJ/www. goodwilHoRworth.org Our Business Work~So Preople Can. 1,1f1~dlltlllq~ e February 20, 2008 Mr. Ron Ruthven City of Colleyvdle 100 Main Street CotteyvAle, TX 76034 Dear Mr. Ruthven, Goodwill Industries of Fort Worth, Inc., would r+espedWN~r Yyce fo appeal zaun9 case 2-08-003. We understand that by appealing our ~ it w1 be heard by the City Cotux~7. We will plan m errdose the entire oubdocX area of the subject property -tare fon~ner Sonic -from floor to ceiling; and this wid tie M~cluded in our propose b the City Council. Thank you so very much for Your help. Phase do not hesitate tD contact me should you require any further infipmrallion. Sincerely, ? David Bostick President/CE0 RECEIVED The mission of Goodwill trdustries of Fort Worth is to empower peoplc with disabilities, disadvantages, end other barriers to employment so that thq may aehietie ma:nmum iderue. ~~~~ pp nn nn g ~EC1 G V ~`J~~ Per ...--•--..... Letter in Opposition ~- 3-D8 ~~,d,~~~~, ,~~y~~2 .7,~~;~~,1~~~ ~d ~,~ ~ ~~~~~s~,~, ~owti ~w~ti r r ,~ryou ~~~ ~~~ e~~.~~.,'L /ltiow ,~ v.~~~ ~s T~,~ ;.v ~9,~ad5 ~r ~~ doti,~ro;~ ,~~ ror~ ..~w; Il ~~~,~~-T ~o~r cd,~sd~~,,~ ~ .~ y (1~rsus ~/' '' J h/~'i~/~~D~l ~~~';^-~ p cc~r~ndc h f,1pR 0 3 2008 D rro~: goadu.,ilf VLI LIILVVN IV..+I .. .-V~ . ~~ ~`.• Applicant's Request to be Continued . Goodwill Industries of Fort Worth, Inc. P.O. Box 15520 - 4005 carnwrs Drive - (817) 332-7866 Fart Worth, Texas 76119-0520 -Fax: (817) 335-4&10 http:lMrww.goodwiNfortworth, ors our easiness works-so r'eople can. ur+IMe1Mw 28 February 2008 FAXED TO: 817.503.1059 Mr. Ron Ruthven City of Colleyville 100 Main Street Colleyville, TX 76104 Dear Mr. Ruthven: Due to time constraints dealing with revised drawings, we would Like to appear before the City Council at their regularly scheduled meeting on March 11, 2008 in lieu of March 4~. We plan to enclose the entire outdoor area of the subject property ~ the former Sonic -from floor to ceiling; this will be included in our proposal to the City Council. Thank you so very much for your help. Please do not hesitate to contact me should you require any further information. Sincerely yours, Davi Bostick President/CEO DB:mfc The tni:oton of Good+wl! tndnsteFes of Fart worth is oo emporer peo~plc writh dis.6c~' RECEIVE D disadvantages, snd other barriers oo empioytneac so that shey ~T adtieve toa~tatmtm iisdepeodafee. #~-f~ i~ `~ s ?r)Ok Psr ............. Statement of Planning Objectives AREA MEASURE INFORMATION FC1R 4917 CULLEYVILLE BLVD. # ITEM MEASURE GROSS AREA 1. PROPERTY ACREAGE 0.47 ACRES 2. BUILDINGS DARE FOOTAGE c'~L % OF TOTAI, PPTY 1.,222 sf 6% 3. AREA OF PAVED SURFACES & % OF TOTAL PPTY 16,492 sf 81 4. AREA C}F OPEN SPACE & °fo OF TOTAL PPTY Additional ROW Dedication. claimed significantly all of the exstn O en S ace 180 sf (1 %) STATEMENT OF PLANNING OBJECTIVES Goodwill industries Donation Stations are located across different Cities within Tarrant County and beyond. Goodwill. Industries of Fart Worth Donation Stations help generate the donated resources from. which Goodwill fulfills its objectives as a non-profit working for the benefit of the under-served by providing a helping hand. Goodwill industries existing presence in the Colleyville community is limited due to its location, size, and access to the leased facility. With the approval of the SUP far the 4917 Colleyville Blvd. Location, we anticipate the potential far increased donations given. the residential demographics of Colleyville and surrounding communities as a whole and this area of Colleyville in particular. Through the ownership of the property, we will be able to improve the accessibility, availability, and image of the Gaodwill :Donation Station opportunities. Goodwill's rote as a value adding and. positive community member is similarly equalled by our commitment to project a physical image that enhances the character of the community around us by maintaining aloes-key but harmoniously unobtrusive usefulness to the community's need to recycle its used goods in a clean and orderly fashion through the donations process. It is our aim to continue to maintain a high level of success and believe that this location will play a vital role in our vision to continue changing lives for the good... RECEIVED Per ..........,... Things you should knowv about Goodwill: • 90°fo of all money earned by Goodwill Industries of Fort Worth goes into programs and services.. • Goodwill Industries International, Tnc., is the largest employer of people with disabilities in the world. • Goodwill Industries of Fort Worth strives to maintain an employment ratio of 80°/a disabled workers. • Over 80°fv of Gaodwill Fort Warth graduates became gainfully employed and remain emplayed. • About 6S% of Goodwill Fart Warth's $2S million revenue is ,generated through the sale of donated goads. Gaodwill Industries of Fart Worth currently has donation stations in 12 cities in the Tarrant County area. Ct'#flI?WIi,L i)C)NATION STATIUNS Fart Worth • Sack'n Save, 34S 1 Alta Mesa at Mt;Cart • Stripling & Cox, b3'70 Camp Bowie • Goadwill Industries {plant}, 4005 Campus Drive . Lowe's Home Improvement Warehouse, 4305 Bryant Irvin Rd. (at 1-20) • Gaodwill Store, b297 Crranbury Road at Hulen • Goodwill Donation Station, '7050 Bryant Irvin • American T,egian Post S16 , 6801 Manhattan {300 SE Loop 820 at Randal Mill) Arlington • Goodwill Superstore, 1100 W. Arkansas Lane at Cooper • Gaodwill Superstore, South Cooper cr, Harris • Unity Church, 3S2S South Bowen Road Bedford •Gaodwill Superstore, 70:1 North Industrial Blvd. $urlesan • Gaodwill Superstore, 1725 SW Wilshire Cleburne *Gaodwill Store, 1 l06 W. Henderson Colleyville • S l l 7-B Calleyville Blvd. (Hwy. 26 Denton • Goodwill Stare, 2030 W. University Fort Worth • Goodwill Grande Stare, 4445 River Oaks Blvd. • 2440 SE Loap 820 (at Campus Drive) Hurst • Goodwill superstore, 825 West Pipeline Road Roanoke • Gaodwill Donation Station, &l l Dallas I?rive, Suite l16 Watauga •Gaodwill Superstore, 7201 Rafe Snow Weatherford • Goodwill Stare, l 801 south Main CLOTHING-ONLY DROP-BOX ~OGATlONS Arlington Albertsons, 2455 SE Green Oaks Albertsons, 301 SW Plaza. (I-20 and Little Road} Albertsons, 5950 South Cooper (at Sublet) • Albertsons, 6220 t.1S Hwy 2$7 (at Sublet} • Phillip 66, 2020 East. Pioneer Parkway • Home Depot Landscape Supply, 5301 South Cooper • Aaron Office Furniture, 2125 East Division • Dry Clean City, 332]. South Collins • Tom Thumb, 2430 East Pioneer Parkway (at 360} • Tarn Thumb, 421 S S. Carrier Parkway (at I-20} • Nick's Corner Mart 1, 2501. Arkansas Nick's Garner Mart 2, 2300 South Collins • Mineral Springs Business Park, 11.45 Mineral Springs Raad • Festival Marketplace Mall., 2304 East Pioneer Parkway Fort Worth Albertsons, 9300 Clifford Street (at ~. Loop 820) • Albertsons, 6700 West Freeway (at Green Oaks) • Albertsons, 4400 Western Center Blvd. (at Beach) • Albertsons, $50 East Loop 820 (at Bridge) Albertsons, 7400 Oakmont (at Bryant Irvin) • Horne Depot, 7100 North Freeway (I-35 at Basswood} Mobil C.~as, 1401 Cooks I:,ane (at I-30} Benbroak Albertsons, 8510 Highway 377 ..Keller Albertsons, 10$00 North Beach. (at Golden Triangle} taaodwill Shopping LQC~tians {For refs~ren~ce purposes onty -the Coltey~ilie location would not be considered Tsar a shopping location) 701 1~'r>rt(~r h~t~ustria~l t3r>cElc~<~rci S 17-3~~)-C3~i(}0 i Mare IIour~; ?~9c~nd~r~ thrrx~~;h `saiurda}~ frc~rt~ ~ a.ra~.-7 ~.~~~.. Sundati• 1? rru~zr~-5 p.rx~, I3LIRLF,SC)N '. 17?5 SW ilsi~irr~ E3c~c~lr?vurci `! 1~ 17-~5-E>~0 St«re Haurs: ' Mc>>~da~ tl~rr~u~!1~ aturd~~ frr~z~~ C) 4a..ni.-71a.rti. uixiay 1 ~ rrr~sc~tt-5 ~.rtt, :~I2LINGTC)N C:c>r~prwr at Arkansas Stare. }lours: Mr~s~da~ tt~c~~~u~1t Saturria~~ t'rr~tn 9 a.in._7 p.n-. Su»t1zi~ 12 nc~c~r~-5 p.r~~. ~_,w_ __ _.____ - I i F(JI2'T tij'UKTN 627 GraiYb~~r}~~ TZc~rad Ott t-~ttl~xt 17-29''-t}74( Strar+ ttt~t~rs: i~ton~lay t1~rr~~s~l~ Satu~~c~a}x trc~~~x ~3 ~.s~.-~ ~.r~~1. F(~ItT 'l~'C)l~Tli 4(.)O5 L'arnpu5 [)rir~~~ 817-5~3(>-~~)51 Stare Hears: '' IElc~nd~y thrt~t~l~ Saturcl~y frc7ra~ ~> :~.n1.-5 a:~.rt~. __ ._._ .- --- 3 ' Ft)RT W()R7'Fi (:; i2hNtaE'~Ti)KE ~, -145 fiver C)~f~s Hl~c~, 817-fi?f~-3C?30 photo nc~t availahlt/ Stare Haurs: Mc~r~~1~} t1~~~cx~~;h S{~turd:3y from ~~:i.s~1.-7 p.~~l. Sunday 17 s~tt~or~-~ p.rn. ~. ._ { HALT()M C)t7TT.F;T STORE 317 D~nc~u }-1~tiy. << [3~11~nap ire Ha1to~~~ ~'ity 817-831-~9~~3 photo x~ot ~vailablc ' 4tare Hntars: :~ ', ;~~onday thra~x~,1~ S<iturda~° from ~ a.m.-7 t~.~~. ;, ~, ~uz~day 12 noon-~ p.r3a. C'LE)3L3ItN)": 11 {7G V4'e~;t 1-I~.ndryr~c~~~ 17-5~+8-8ti~(l ~_~~. , ~- .- Stare Haar.,. Mc~~tday tl~rc~u~,}~ ~at~,rd~~y° 1'rc~m 9 a,n~.-7 l~.rn. Seznday 1 ~ nc~zon-~ ~_t~~. D I: ~TQ':~I ~t?30 1'~'c-;t t. ni~ersityr ~1-~()->b6-~l a~8 'Mare Hours: Mc3r~day tllrc~e~~,h Satt~relay from 9 a.tn.-7 }~.m. Strr~day 12 ncac°~r7-~ ~.t~~. tlL1R~;T SiiPI~,RS'TC}RF: 8?S Vlfest 1'i~etinc 8 17-590-CJ ~ 2 7 StorefGoffc+~ Ship Hours. cx~~da~ tlxrc~u~;h "1'f~ttrsd~yr frc»~~ ~ ~.~~~.-7 ~.rr3 Friday'-Satrarda` from. ~ a.m,- ~r.r7~. ~ur~day 2 ne~car~-5 }a.rl~. SOI~TH A1tL,iNCTC.~N 7351 5c~ut1~ C'oc~~er 817-=t6~-~~atliJ Store Hours: M~s~~day tl7re~u~,la Sat~~rday frc7~a1 ~? a.m.-7 ~.m, I W.TAtIGA Rt€1'e t>ric~~r ~€t 1li~l~tt~~~er ~~ ~ 17-514-2t~ 1 ~ Mere :Hears: 1Vle~~€7c1~}~ t~rc~ul~ "~."httrsd~~y ~'rrrr~~ 10:a.rn.-~ l~~.i€€. l~~rs€.i~~ r€rtci Batt.€r~i~~~ fr~~tn l ~ :a.tn--~ }~-na. j ~St€r~ei~v 1 ? €~t~c~t~-7 ~.€~n. HE12F'()kt3 8Q l 5cxtth 1~Sain 817_~,I ~-08'5 Stare 1-ic~urs: '~lc~nday tl~rc~uth ~aturcla}~ frtstt~ t) a.€t~.-7 }~.tn. St€ncia}~ 12 r~c~c~€~-5 ~a.rn. I i ~' ~'4'HITFJ ~F.`7'TLi?!1Tt~'NT U?5 ~C?4It.1'1 ~ ~1Gr1'~ ~:i7ilC R1'7_'?d~,_11C3%t Mare Hears: ~°landay tlircx€~;1~ ~aturtla~ f'rr~n 9 a.€7~--71~,t~t. 5~snc3ay 12 rloc~tt-5 {~.m> DE''F~ELUPiVIENT SCHEDULE In assuming ownership of this location, no major change is anticipated ar intended other than cosmetic make ready repairs. We intend to have Electrical, Mechanical, Plumbing, and Interior renovations within 30 - 60 days after closing on the property subject to building permit approvals as needed. .Simultaneously, it is our intent to perform Paint repairs and touch-ups, and install the Goodwill corporate image Building Signage, to be submitted for city approvals. Landscaping will be addressed in stages to appropriate planting seasons and research of permitted options in the additional right-of--way dedication far the Hwy. 26 roadway expansion areas clang the frontage of the property. We anticipate conducting a Grand opening within 60-90 days after acquiring the property. EC(3N4MIC DEVELQPIVIENT INFURMATIt)N # INFORMATION SUBJECT MATTF,R SUPPORT DATA 5. TOTALS DARE FEET OF BU1f,DING AREA 1222 S .FT. 6. ESTIMATED SALES PER S DARE FOOT 0/S . FT. 7. ESTIMATED SALES PER YEAR Q~'`R• 8. ESTIMATED AD-VALOREM TAXIES PER YEAR 0/YR. The use of the property would be modified Pram the existing long-term dormant farmer Sonic restaurant at 4917 Colleyville Blvd. to a Donation Station, and as such no sales are generated at this property, nor are there any Ad-Valarerra Taxes applicable. TRAFFIC IMPACT ,ANALYSIS We understand that the City of Colleyville requires a traffic impact analysis be performed. far those developments which. are projected to generate in excess of 1,000 vehicle trips per day. Based an our data collected. from our donation taunt reports, it is not anticipated for this threshold. to be exceeded. Irr fact, it %s u~alikely that a 1,4D0 vehicle threshold will be exceeded in one week, let along ,nrre day. Goodwill currently has donation stations in I S cities in the Tarrant County area. At each of the existing donation stations, a weekly and. monthly donation count report is compiled. Over the past five (Sj months, these donation stations ranged from 12,000 to 19,000 total donations per month, or 800 to I,2b6 total donations per month per location. Even at our busiest donation location (along Camp Bowie}, the most donations we had in one week was 905 in August of this year. Therefore, we feel this land use will have an insignificant impact to traffic flaw in the area and a traffic impact study should oat be required... ~. _~e t i ,, ;~~• 4 W A (~ NG EXHIBIT _. ~,' <~n~. .~,w;< ;~ ;, ;, u "r r :~ i i - ~~ ~f t ~ ~~~ ; - ,. .. ~: ~ ~., ,, J _ Y A { z } ~ ,.w -; ~~} ~ ~~ ~5 r n ~ 3~ i i :s` ~~ :~ ~~ ti~ ~ r L1.. .; _a Q~ ~~ ~~ W >' Z, 0 w t- O ORDINANCE 0-08-1666 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 0.47 ACRES OUT OF THE B.B.B. AND C. RY SURVEY, LOCATED AT 4917 COLLEYVILLE BOULEVARD BY AUTHORIZING A SPECIAL USE PERMIT FOR A CHARITABLE DONATION STATION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-08-003; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration, among other things, to the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-1666 Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning on 0.47 acres out of the B.B.B. and C. Ry Survey located at 4917 Colleyville Boulevard, by authorizing a Special Use Permit for a charitable donation station, as depicted in the attached Exhibit "A", labeled Location and Zoning Map and 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 the above described tract of land shall be subject to the following conditions: 1. General a. This Special Use Permit shall only apply to the use of a Goodwill Industries charitable donation station on the subject property. b. The building elevations, landscaping and general site layout for this use shall adhere to the renderings depicted on the attached Exhibit "C", labeled Site Plan. c. The existing awning structures not attached to the main structure on this property shall be removed prior to the issuance of the certificate of occupancy for the charitable donation station. d. There shall be a minimum of eight (8) parking spaces provided for the charitable donation station. e. There shall be no overnight parking of any tractor-trailers or trailers on the property. Ordinance 0-08-1666 Page 3 of 4 f. There shall be no outside storage of any items on the property. g. Donated items shall not be placed outside of the building at any time and must be stored within the building immediately upon drop-off. h. There shall be no donation kiosks or other related donation structures independent of the main structure located on this property. i. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership or upon the expiration or termination of the Certificate of Occupancy for the approved use. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. 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. Ordinance 0-08-1666 Page 4 of 4 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 Exhibit "B" -Legal Description TO THE LIENHOLDERS AND/OR OWNERS AND PURCHASERS OF THE PREMISES SURVEYED AND LAWYERS TITLE INSURANCE CORPORATION: This is to certify that I have, this date, made an on the ground survey of the property located on 4917. Colleyville Boulevard in the City of Coileyville, Texas, described as follows: BEING o 0.47 acre tract of land situated in the B.B.B. ~ C. RR. Co. Survey. Abstract No. 206, in the City of Coileyville, Tarrant County, Texas, and being the remainder of a tract of land conveyed to John R. looney by deed recorded in Volume 6770. Page 2283, of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING.at c 1/2 inch iron rod found for the southeast comer of said Looney tract, same being the northecst corner of Lot 3, Block 3, of the ~Ilage Park Addition, an Addition to the City of Cdle~lle, Tarrant County, Texas, according to the plot thereof recorded in Cabinet A, Slide 1264, of the lot Records of Tarrant County, Texas, same being the southwest corner of the remainder of a tract of land conveyed to Jno E. Thompson by deed recorded in Volume 7274, Page 82,~ of the Deed Records of Tarrant County, Texas; ' THENCE North 81 .deg. 30 min. 25 sec. West, along the common line of said Looney tract, and said Lot 3, a distance of 195.81 feet to o TXDOT monument found for corner, said point being the southwest corner of the remainder of said Looney tract, same being the northwest comer of said Lot 3, same being the southeast comer of a right-of-woy dedication by deed recorded in Document No. D206379370, of the Deed Records of Tarrant County. Texas,. same being in the east right-of-way line of Colieyville Boulevard (Highway 26); THENCE North 33 deg. 23 min. 59 sec. East, along the common line of the remainder of said Looney tract, and the east right-of-woy line of said Colleyviile Boulevard, and said right-of-way dedication, a distance of 90.69 feet to a point for corner, said point being the beginning of a curve to the left having a radius of 2928.79 feet, and a delta angle of 00 deg. 49 min. 44 sec.; THENCE along the common line, of the remainder of said Looney tract, and the east right-of-way line of said Cdleyviile Boulevard, and said right-of-way dedication, and along said curve to the left. do arc distance of 42.37 feet, and a chord bearing and distance of North 33 deg. 23 min. 59 sec. East, .42.36. feet to a -point for corner, said point being the northeast comer of said .right-of-way dedication, same being .the northwest comer of remainder of said Looney tract, same being the southeast .interoection of the east right.-of-way line of said Colleyville Boulevard, and the south right-of-way line of Old Glade Road; THENCE North 90 deg. 00 min. 00 sec. East, along the common line of the remainder of said Looney tract. and the south right-of-way line. of said Old Glade Road. a distance of 120.42 feet to a point for corner from which . a "X" cut in concrete found bears North 00 deg. 00 min. 00 sec. Eaat. 0.22 feet, said point being the northeast corner of the remainder of said Looney tract, same being the northwest corner of the remainder of said Thompson tract; THENCE South 00 deg. 00 min. 00 sec. West, along the common line of the remainder 'of said Looney tract, and the remainder of said. Thompson tract. a distance of 140.00 feet to the POINT OF BEGINNING and containing 20,242. square feet or 0.47 acres of computed land.. Exhibit "C" -Site Plan ~ ; m ;~ ~~,~; `_ ;~ , ~: ~ ~~ "~ ~' m ~~. ~t ~. cn ~ I t~ x { -. , '~ 3 k~ ,~ >.;,~ a ~ ~~.._...._. ~ ; i, ~ ,~: Q ~ ~~~ ~ r ' - r- ~ r~ m ~. ~ ~' ~ ~ ~ ~ Ri o ; ~. Q ~ ~ ~ f~, ~; ~~~~ ~p~ y i ' < r... ~,, t ~ ~. _ .r~ a < ~ ~' ., ~ F'Y ~_ ~' fft rn '~a ~ ~ t` ~ ~ :a i ~~ r ! ~4 ~,: i _'_1 ~ ....,.,.. i F. x !~ ~ ,t~ 'i,~'s ~ „ jai,. r ~r 'h r ~ ~«~ F '~ z. s ' -'c_-~ ~' ~ ~ ~ ~~~ z T ~~. _ ~` ~~ ~ ~ ~ _ F GS ' t ~... ~~ i ~I ~ "~ ~+ ~+ 100 Main Street *iM'~~,~~ City ~f Co~~e~/N~~~e Colleyville, Texas 76034 f (817) 503-1000 '~~ Agenda Briefing vwvw.colleyville.com File Number: 0-08-1667 File Number: 0-08-1667 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 03/04/2008 Agenda No.: 5b Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of a request to amend the zoning and development requirements of the Planned Unit Development of Lot 9, Block 6R of the Woodbriar Estates West Addition located at 99, 101 and 103 Cheek Sparger Road, Case Z-08-007 Attachments: Location and Zoning Map Notification List Documents Provided by Applicant Planning Objectives Ordinance 0-04-1473 Ordinance 0-08-1667 History of Legislative File Version: Date: Acting Body: Action Text: 02/11/2008 Planning and Zoning Commission 03/04/2008 City Council 1 03/11/2008 City Council Title Approval of a request to amend the zoning and development requirements of the Planned Unit Development of Lot 9, Block 6R of the Woodbriar Estates West Addition located at 99, 101 and 103 Cheek Sparger Road, Case Z-08-007 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the March 4, 2008 meeting. First Reading and Public Hearing Joe Gordon has submitted a request to amend Ordinance 0-04-1473 that allows a PUDC-Planned Unit Development Commercial zoning district for office, retail, warehouse and self-storage uses on approximately 3.2 acres, located at 99, 101 and 103 Cheek Sparger Road. Existing Zoning. Ordinance 0-04-1473 was approved by City Council on August 17, 2004. The PUDC ordinance allows for three buildings permitting all uses allowed in the CC2-Shopping Center and CC3-Highway Commercial zoning districts including office showroom and self-storage warehouse uses with the exception of hotel and motel, bus terminal, automobile parking garage, restaurant with drive-thru service, feed and seed store, City of Colleyville Page 1 Printed on 3/5/2008 Agenda Briefing Continued (0-08-1667) motorcycle and jet ski repair, vocational trade school and veterinary office with outside kennel uses. Self-storage uses are allowed to take up no more than 25,000 square feet of the total square footage in the development and are confined to buildings B2 and C, as shown on the attached site plan. The other uses granted in the ordinance have no restrictions on the amount of square footage allowed and may be located in buildings A, B1, B2 or C. The following is the current breakdown of uses on the property per each structure: Building A - 8,400 square feet, currently vacant,.self-storage uses currently not permitted Building B1 - 15,000 square feet, currently vacant, self-storage uses currently not permitted Building B2 - 15,000 square feet, currently used for self-storage, self-storage uses currently permitted Building C - 10,000 square feet, currently used for self-storage, self-storage uses currently permitted Proposed Zoning Amendment. The applicant is seeking to amend the existing ordinance to allow 10,000 square feet of additional permissible floor area for self-storage uses to Building B2 making the total allowable square footage for self-storage for the entire development 35,000 square feet, from the 25,000 square feet currently allowed. The extra 10,000 square feet of allowable self storage use space would be granted to Building B1, which is currently vacant. According to the revised site plan, 5,000 square feet of building B1 would remain as proposed office/retail area. This request does not involve the construction of any addition or any exterior alterations to building B1. Any proposed self-storage units located in Building B1 will be required to be separated from the office/retail portion of the building by a one (1) hour rated fire wall. The building is currently fitted with an approved fire suppresion sprinkler system. The applicant is requesting the amendment due todifficulties in leasing the space for office or retail uses and states that the demand for self-storage units is much greater. Master Plan. The Colleyville Plan designates the subject property for retail uses. Surrounding Properties. The surrounding properties consist of a variety of land uses. The property to the west is zoned CC3-Highway Commercial and contains a retail use. Properties to the north are zoned CC3-Highway Commercial and R20-Single Family Residential and contain office, retail and residential uses. The property to the east is zoned PUDC-Planned Unit Development Commercial and is currently vacant and properties to the south are zoned PUDR-Planned Unit Development Residential and contain single family residential homes. Public Notification. Staff mailed notices to 23 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 the request. City of Colleyville Page 2 Printed on 3/5/2008 Agenda Briefing Continued (0-08-1667) Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the February 11, 2008, meeting by a vote of 7-0. Summary. The applicant is requesting the amendment in order to meet market demand and fill a portion of the empty lease space in the development. The proposed location of the additional self-storage space would be adequately screened from both Cheek Sparger Road and the existing residential uses to the south. Staff agrees with the proposed amendment. Financial Impact It has been determined that there is no financial impact. Recommendation Approval with the conditions stated in the draft ordinance. City of Colleyville Page 3 Printed on 3/5/2008 Location and Zoning Map •~, /~ ~~ ~ _ :1217 1 105``• - ~ ,~~ ~.,., / ' ` ~ 121 ~,\~~ ~~ PUDC ~ / ' ~ ~' '~ 4DCrJ / \, ~ -_ - - % 1 ~N , r ~~ / ~ / \4001 ~ i ~ - rr'' ~ 'tj 1 _,919 ~ ~~~/ \ \ ~ ~, ~ 10$ 112 116 120 12a .~~ ~~ 3907 ~ ~ - ~ 10a R2 ~~ _ 1 OD ~ t ~ ~ t+,/~tiD-CITIES BLVD ,'~ - ' ~ - - -- ~; - SITE ~~~ ~ ~ 123 ~ ,'~/ /~ / CC3 101 121.. ~ 39©0 ~ l'~301 PUDC 1D5 119 /~ , . , 3 ~` 1 za ~~ x11 ~ ~ ~ ~. ~ `~ ~, C N 100 104 1 z3 300 2~4 210 2DE 202 118 1'14 11D ~`- ~_ _'~--_ 106 ~- 301 211 201 203 119 115 111 3725 ~~ ` PU R ~ 1os 112 1 ~ 1 3721 3720 ~ ,7 ~ Notification List OWNER_NAME OWNER_ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Howell, Dean G 104 Cheek Sparger Rd Colleyville TX 76034 104 Cheek Sparger Rd Johnson, Ouida R 108 Cheek Sparger Rd Colleyville TX 76034 108 Cheek Sparger Rd Dennie, Paul D Etux Peggy M 200 Cheek Sparger Rd Colleyville TX 76034 200 Cheek Sparger Rd Hibernia National Bank PO Box 61540 New Orleans LA 70161 3907 Colleyville Blvd Hahn, Edward Etux Doris 7500 Windswept Trl Colleyville TX 76034 100 Cheek Sparger Rd 99 Cents Only Stores Tx Inc 4000 Union Pacific Ave Los Angeles CA 90023 3901 Colleyville Blvd Uhlenhaker, Ronnie R PO Box 1705 Colleyville TX 76034 105 Cheek Sparger Rd Blue Star Land Lp 1 Cowboys Pkwy Irving TX 75063 3901 Colleyville Blvd Wolfe, Brent Etux Julie 100 Greenbriar Ln Colleyville TX 76034 100 Greenbriar Ln Morgan, Rhodes L Etux Joan E 110 W Greenbriar Ln Colleyville TX 76034 110 W Greenbriar Ln Rhodes, Gregory Etux Frances 114 W Greenbriar Ln Colleyville TX 76034 114 W Greenbriar Ln Tran, Chau D Etux Bach-Lien 118 W Greenbriar Ln Colleyville TX 76034 118 W Greenbriar Ln Forrester, Jennette 202 W Greenbriar Ln Colleyville TX 76034 202 W Greenbriar Ln Madhani, Saleem & Samreena 206 W Greenbriar Ln Colleyville TX 76034 206 W Greenbriar Ln Parsons, Steve Jr Etux Erica 210 W Greenbriar Ln Colleyville TX 76034 210 W Greenbriar Ln Clarke, Walter Jr Etux Candi 214 W Greenbriar Ln Colleyville TX 76034 214 W Greenbriar Ln Gomperts, Roy Etux Christine 111 W Greenbriar Ln Colleyville TX 76034 111 W Greenbriar Ln Clark, Jeffrey L Etux Jane D 115 W Greenbriar Ln Colleyville TX 76034 115 W Greenbriar Ln Phelps, Rodney 119 W Greenbriar Ln Colleyville TX 76034 119 W Greenbriar Ln Campbell, H P Etux Patricia 203 W Greenbriar Ln Colleyville TX 76034 203 W Greenbriar Ln Primer, Charles Jr Etux Emily 207 W Greenbriar Ln Colleyville TX 76034 207 W Greenbriar Ln Gates, James D & Teresa W 211 W Greenbriar Ln Colleyville TX 76034 211 W Greenbriar Ln Joe Gordon, applicant 6958 Royal Ln. Dallas TX 75230 applicant Woodbriar Estates HOA 412 Woodbriar Court Colleyville TX 76034 Public hearing notices were mailed on Jan. 31, 2008 by Amy Shelley. Signature Documents Provided by Applicant -o ~- ~ ~ ~ z fn Q C1 m '" < o m 0 0 °° O ODC C CC_ D aoo4a~~ $~ D~1 ~ n~~mD OJT 'y ADO fn ~N~ G7 y (/1 T 'll T T ° 'I1 ~ D `~` m ~7 $T 7m~ g N _. ~_ O O 1 i ~ r -w ~~~~'o ~N~O~.~ D ~YD,ioo~p~ V1 n r f/1 l/l to Q m m A m W ~N_ ~m~o ~r~ ~~~~ ~~~ ~ ~~8'Jj p{~ q 9g ~ ~ ~ ~ ~ ~ ~~ ~ b~ . ~» •~ ~ ~~ ~ D G b ~~g 5 C O m D ES ~o m T ~~~~ ~~ z y9 Oy ~_ ~~ 4 ~A E T a 0 Z C1 N O G7 b b ~~ `J D Pn m ~~ m 1 ~ ~~ ~~ t~ ~ t ~ ~ ; ~s~, ~~~~ ~a~x~ C~T Ti ~~ ~ ~ ~ 1 ~~ ~~' ~ ~O2y~ O [j ~~(( 8 Z P ~~ b y .... ~ ~g ~~ ~~ ~~ ~a ~~ ~~ ~~ ~~ ~ ~~ ~~ ~ ~~ R~4 ~l ~~ ~ ~f €pg ~t~s$s be ~~ L° ~y ~~ ~B ~~ ~~ LQLQ~ G~ t~ i m z Z O m ~~ ~~ 1]tld wd apd 5'd ltld tpd tpd N 1pd tOd _ '! 4a lbt0 tb10 tat0 fb10 h1 1a10 ~ ~ © O m ' _ ° new ~ i ~ § - w O g P' 3~ 4 ~ F-----1 ~ ~ e ' a ,ats 3 i aa ggg i ' F-------I 8 ~ ~ ~ 0. © © ~ - n ~ 4 /A /A 9~ i ~ ~ ' i I a C1 O E~&~ ~ © e 0 ' a F--- -1 ~ ~ ~ ~ i -- ~ I < ) O ~ B J x O e $ ° _~ F '~ o P ~ ~ _ ~ ~ ~ _ F ~ f~ ~ J © ~ I ~ i -1 ~r~ a Q 8 ^ ra0 p s 0 0 ~ ~ 4 . g~ ~ ®~ _~ t__I_~ 6 < ~~ on~erawa - L~ ~ ~ 9 P r~ ` ~A ; ' ~ a ° 9 w ~ ~ ' i _, T $ v ~ O ~~3© O °a ~ ~ ~ a --- -~ ~'-'S- ~ ~ ~ ~ o a ~-r-T' ~ U G ~IGJ O $ ~~ ~ ~~ p - { ~ -~ ~--'~ ~'n n .~ ~ ~ i t ~ I t I ~ ~ ~ -~ ~ i ° ~ a ° i ° _ U O dla ~ O a ° ~ L ' L._ L_r J OPFl+B+O y Mb ~~ ~ 1 a ~ T 1 ®u ~ ° a 1 a r ~ ° ~ ~'~ 9 1 o ~ O C' _~_~ O ~ - - ' t ' F -----I I- 1----I d k ~I~ pp a © A b u "~ ~ 8 ~ ~ i i i P ~ 0 G ('~ C ~, ~~ © 5 ' i i ° e s ' $ O O H &O 4 ° o~reaa $$pp 45 ~b 4 ~ ° 3F ~ __ ~ °q € E +~ 6 ~ tabu taco tav tabu ~ i i ~ Bx~snuc rarttrx.aooaroasa+.t tigoa &ILpNO Bf BUtgtq Bt II S~SS a~ ~~ ~~ E Planning Objectives JAN. 10, 2008 REQUEST FOR AMENDMENT TO EXISTING PUD FOR BLUE STAR BUSINESS PARK 99 CHEEK SPARGER ROAD COLLEYVILLE, TX 76034 WOODRIVER ESTATES WEST ZONED PUD -ORD. NO.0-04-1473 THIS PROJECT CONSISTS OF THREE BUILDINGS - A. RETAIL - 8400 SQ. FT. B1 OFFICE/SHOWROOM/WAREHOUSE - 15,000 SQ. FT. B2 SELF STORAGE -15,000 SQ. FT. C SELF STORAGE -10,000 SQ. FT. These buildings were completed in June 2007, in compliance with the PUD (refer to Sheet Al, Site Plan,) at which time the owners set about renting or leasing Buildings A and B 1 have to the present time had no tenants in spite of diligent efforts by the owner. However, Buildings B2 and C (self storage) have had good response from the public and rentals are going well. The present PUD limits the self storage to 25,000 sq. ft. in Buildings B 1 and C (refer to drawing sheets A 1, Site Plan). This request is for converting the warehouse portion of Building B 1 (10,000 sq. ft.) into self storage warehouse and leaving in place the office portion (5,000 sq. ft.) as well as Building A. This request deals with interior space and has no effect on the site plan, fire lanes, exterior lighting, parking, loading areas, and landscape. The entire Building B 1 and B2 is fully sprinklered with an automatic fire protection system. In talking with the Fire Marshal, Mr. Rob McKeown, he expressed the opinion that he would have no objection to this request. The reason for the request is entirely related to having new and renovated buildings vacant. With this additional interior renovation from warehouse to self storage, it is expected that occupancy would improve. OWNER: APPLICANT: BLUE STAR LAND JOSEPH F. GORDON, ARCHITECT 8000 WARREN PKWY, STE 100 6958 ROYAL LANE FRISCO, TX 75034 DALLAS, TX 75230 ORDINANCE 0-04-1473 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 9, BLOCK 6R, WOODBRIAR ESTATES WEST ADDITION, FROM THE CC3 HIGHWAY COMMERCIAL DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Blue Star Land on May 15, 2004, under Case No. Z-04-021; 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 tT 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 Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described as Lot 9, Block 6R, Woodbriar Estates West Addition, by changing the zoning of said property from the CC3 Highway Commercial district to the PUD-C Planned Unit Development Commercial district, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for office showroom and self storage warehouse uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-04-1473 Page 2 of 5 2. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within this Planned Unit Development. (1) All uses allowed in the CC2 and CC3 zoning districts (2) Office-Showroom. The total square footage of office- showroom space shall be unlimited. (3) Self-Storage Warehouse. The total square footage of self- storage warehouse space shall not exceed twenty five thousand (25,000) square feet in gross floor area, which shall be limited to Buildings "B2" and "C", as shown on the attached site plan. b. The following land uses shall be prohibited within this Planned Unit Development. (1) Hotel and motel (2) Bus terminal (3) Automobile parking garage (4) Restaurant with drive-in or drive-thru service (5) Feed and seed store (6) Motorcycle and jet ski repair (7) Vocational, technical and trade schools (8) Veterinary office with outside kennels c. Outside storage shall be prohibited within this Planned Unit Development. 3. CONCEPTUAL SITE PLANS AND PLATTING a. The arrangement, location and footprint of the buildings within the PUD-C shalt be as shown on the attached Exhibit "B". The building elevations shall be similar to those shown on Exhibit "C", but may differ to meet the Colleyville Building Design guidelines contained in the Land Development Code and will be determined at time of site plan approval. b. Fifty (50) feet of the west end of proposed Building "A" shall be removed to provide visibility for Building "B". 4. LOT REQUIREMENTS AND SETBACKS a. The lot requirements and setbacks shall be the following minimum standards: Ordinance 0-04-'1473 Page 3 of 5 (1) Minimum Lot Size None (2) Building Line adjacent to street 40 feet (3) Side Building Line 15 feet (4) Rear Building Line 25 feet b. The buildings shat! not exceed thirty-five (35) feet in height. 5. OPEN SPACE AND LANDSCAPING a. A minimum of ten (10) percent of the lot area shall be permanently maintained as a landscaped area. The landscaped areas shall be located as shown in Exhibit "B". b. There shat! be constructed a landscape screen along the north property line adjacent to Cheek Sparger Road that shall consist of a row of evergreen shrubs, planted six (6) feet on center, and seven (7) trees of at least three-inch caliper. The landscape screen shall be constructed prior to the issuance of a certificate of occupancy on the property. 6. LIGHTING AND GATING a. Lighting on the buildings shall be shielded and designed to direct the light downward and away from adjacent residential properties. b. Gates shall be installed in the general location shown on Exhibit "B" site plan to only allow access during the hours of 7:00 a.m. to 7:00 p.m. 7. SIDEWALKS AND TRAILS a. The developer shall construct a 5-foot wide sidewalk adjacent to Cheek Sparger Road, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shall be constructed prior to the issuance of a certificate of occupancy for any structure on the lot. b. The developer shall construc# a 4-foot wide sidewalk adjacent to San Bar Lane, unless funds are escrowed with the City for future construction of the sidewalk. The sidewalk shah be constructed prior to the issuance of a certificate of occupancy for any structure on the lot. 8. GENERAL DEVELOPMENT CRITERIA a. The architectural design score for all commercial buildings shall be a minimum of 25 points, as described in Chapter 6 of the Ordinance 0-04-1473 Page4of5 Land Development Code. 9. OTHER DEVELOPMENT CRITERIA a. All utility lines shall be buried underground, including all those internal to the site and adjacent to the perimeter. b. All commercial advertising signage shall be uniform in size, color and method of construction and be contained within a rectangle no more than four feet in height and twelve feet in width on all buildings. Sec. 3. 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. 4. 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. 5. 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. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 'S~~ day of 2004. The second reading and public hearing being conducted on the -~~~~day of 2004. ATTEST: OF COL ,.s._~~ Cynthia Singleton, TRM Joe Hocutt City Secretary Mayor Ordinance 0-04-1473 Page 5 of 5 VED S TO FORM AND LEGALITY: ~ ,,.` Ro T. Oster City Attorney EXHIBIT A -ZONING MAP EXHIBIT B --CONCEPT SITE PLAN iif ~ (' _r-_;- i~ w!~ ~'" ~ ! ~- ~ t t I ~'1 il' I' I, ~i~~iii ~ ~~~ t~~ss a ~ ~ ~~~~~ M y, MMMMMM s H ,,,I r ? ~~ ^s ~ ~~~~~~~ ~ ~~~~y~~ ~m~~~ i . ~~ ~~ ~f ~~ ~~'d ~ ~ ~ ~~~ ~~ ~_ ~ - i~ f ~ t 1 I 1 1 a~ I I I I I O 1 I ~ i 1 I I ~ 1 1 I 1 1 1 1 I I I I lilllillll ~~___" SAN BAR LANE J n 0 EXHIBIT C -BUILDING ELEVATIONS ~~~ ~~ ~~~ v m~~ ~ mP,~ ?tin ~~~ ~~ ~~ ~~~ y~~~~ ~~ ~~" ~~ ~ ~{ ~ ~~ ~~ ~~ ~~ O z C7 ~ ~ m m~ ~ Z m ~ ~ -nip' ~, zo ~ ~ °r° ~~ m ~ -n . ~ ~~ ~ ~ ~~ ~ ~ ~~m ~r'i Z . ~ ~' ~ ,m. ~~ ~ O N ~' $ D D ~ rn .r ~ m od m ~~ ~~ ~g pN ~~ m ORDINANCE 0-08-1667 AN ORDINANCE AMENDING ORDINANCE 0-04-1473 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 THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-04-1473 on August 17, 2004, to establish the zoning for Lot 9, Block 6R, Woodbriar Estates West Addition; and WHEREAS, the developer has requested an amendment to Ordinance 0-04-1473, under Case Z-08-007; 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 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 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 0-08-1667 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 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- 04-1473. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of Lot 9, Block 6R, Woodbriar Estates West Addition, depicted on the attached Exhibit "A" labeled as Location and Zoning Map. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. PERMITTED AND PROHIBITED USES a. Self-Storage Warehouse: The total square footage of self-storage warehouse space shall not exceed thirty-five thousand (35,000) square feet in gross floor area, which shall be limited to Buildings "B1", "BZ" and "C", as shown on the attached site plan labeled Exhibit "B" -Site Plan. 2. OTHER a. There shall be a minimum one (1) hour fire wall separation between the self-storage uses and the approved office/retail uses within Building "B1", shown on Exhibit "B" -Site Plan. If the current City building code requires a more restrictive fire separation provision than is required by this ordinance, the building code requirement shall super cede the requirement set forth in this ordinance. b. Ordinance 0-04-1473 shall remain in full force and effect, except where amended by this ordinance. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Ordinance 0-08-1667 Page 3 of 3 Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 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 .~~ pi = r 12f ! i '+, ,' v 4170:; . 1 ~~ a. ~ ~ 3~,U . r ~~ - = r ~~ ~ ~` ~~ ;~oz ` ' ~ ~_ ~ ~ ~~~~ _t . 1 f ~ _ _ _ ,_~ ~~~~c- '~i ~ ' - ~~ 51TE ~, i y ~`; Gr~ ~' ~~ =:3U0 ~~~~ ~{ter„ ~, ~ ' GC3 , ~ ~ PU£~~ _ ~ ,~` ~~ ~ ,~ r, 1-~ ~~~ ~ „_ ~ ~ '~ , z ~` 4, - ~ ti~ \ ~ ' 1 I ~ ~ I I ~. ~ ~ r - ( ~ _ - ~ ~ ~ ~ 4 I I ~ ; ~~ 1 ~~ ~ ~ ~. ~~ . - ~ - . - '~ ~ q i 'r• ~ r~ il + ~~ ~ 5 ~ 1' 1 ~ ~ _ ~` ~' s ' t~ ~ i ~~ I _ _~ ~ ~ ~ ( r t ~ [ r 1 I r ~'~ -~?il l~~i 1 ~~ 11y ~ Exhibit "B" -Site Plan Y t _ ~. ~ rn ~~ G~ ~ ~ `? ~ ~ ~ ~1 4 ~4 f r Ifs { f I ' _ I ~~ i ~ i zf N~ 1 ~ !: ; ~ f ~ -i .~ -' ~ ~ ~ r'i ~~ ' ~ ~b ~ , r ~ -; .a -~. 7 t i~ ~O'F ~ 1~<~ ~ ~ O i i f - ~.. C 1 44 ~ r `- _ tp~~ u~ , m w ~ '1 ~ rn. C __~ h.r 4 ~ ~ 2: ~ >t L }. ~~ ~n 1 m ~ ~3 ~~ I ~ -~. 1_~ ~ a v _ ~G~ i ., ~ ~ f . ,. ` sm ~~ '*^ ~ ;~ ~~c ~ ~ ..~. _..~ c ~ 'df wep ~ ~ ~ : .~ ~ ~ F~ ~ ~ f !~'1 z O, s qqq ~' ~ 'Q t ~ -..~ -.,f..-...-~z-.e .. +r. 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S.Oq`,x71G0"~. ,WGEdJ'-,.....__ .win Si!lN EZ.IR -~~~. 100 Main Street City of Colleyville Colleyville, Texas 76034 ~ ~ (817) 503-1000 ~~~~~ Agenda Briefing www.colleyville.com File Number: 0-08-1668 File Number: 0-08-1668 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 03/11 /2008 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to Ordinance 0-92-880 regarding setting fees and charges for City services and facilities, Case G-08-011 Attachments: Gas Well Permit Fee Survey Ordinance 0-08-1668 History of Legislative File Version: Date: Acting Body: Action Text: 03/11/2008 City Council Title Approval of an amendment to Ordinance 0-92-880 regarding setting fees and charges for City services and facilities, Case G-08-011 Explanation First Reading and Public Hearing Departments must continuously re-evaluate and update their fee schedules to reflect current industry standards and costs necessary to perform inspections and related administrative tasks. Due to the increased interest in gas and oil well drilling throughout the Metroplex, staff recently compared the general permit fees for gas and oil well permit applications with other neighboring municipalities. The attached gas well permit fee survey identifies the general permit fees assessed in Grapevine, Keller, Southlake, North Richland Hills and other municipalities that have adopted a gas well ordinance. Based on these findings and discussion with various planners and experts, staff recommends a general permit fee be set to five thousand dollars ($5,000.00). This price reflects the immense amount of time (site plan review, document reviews, citizen interaction, etc.) and labor (site monitoring, inspections, enforcement, etc.) that would be required if construction and operation of a well was approved in Colleyville. Also included on the survey, is information pertaining to the existence of gas wells in each community. Staff contacted each planning department to inquire about the past or present existence of an operational gas well. Those municipalities that answered yes are marked by a "Y". This is important to note as it allows staff to gauge the effectiveness of a city's ordinance. Those cities that have had experience in gas well application and operation are more likely to have current industry standard permit fees. City of Colleyville Page 1 Printed on 3/6/2008 Agenda Briefing Continued (0-08-1668) Financial Impact It has been determined $5,000.00. Recommendation Approval that if approved, the application fee for a gas well permit will be City of Colleyville Page 2 Printed on 3/6/2008 N Z a~ m LL a a~ m ~ i ~ O ?~ O o i ~ is M EA O ii LL ~ ` .a f _..... ~ I d Y ~ ~ 3 3 °o j r r ~" Z 0 0 ti ~ ,~; ~ ~ o o a~ Z ~ cn p 11 -...I c _._ 10/! O V y 0 ~ ~ ~ Z ~ O } 7 W ~ ~ = ~ ~ ii C Z ~ c I ° ~ ° ~ I u ~ i ~ a- il n } ~ ~ I~ Y v3 I I c ~ ~ w ~ , > N d ~ C Z N 7I O i Z O C ~ U ` a I ~ m I ~ a~ a '° ~~~ } ~ a>i ~~ } ~ m Za~o l Z ~ Z~ Z i oI ~ o f I d L O O ~ ~ O ~ ~ ~ ~ a ~ r ~~ ~ I v ~ ,~; ~» a ~ i i ~ - ---- ---- ~ I r i =' o I = o r r aI ~ i ~ ~ i i ~ _~ x~ dc~ d~ >,~ w ,~ >R w ,~ ~, o ~, o U o U o H L d F - m a a a =0 =0 ~ LL ~ O ~ LL ~ R _+ O > ~ n' a+ O > N ~ ~' E y m a d € m a w a o°a3 a o°Q3 ORDINANCE 0-08-1668 AN ORDINANCE AMENDING ORDINANCE 0-92-880, WHICH SETS FEES AND CHARGES FOR CITY SERVICES AND SECTIONS OF THE CITY OF COLLEYVILLE CODE OF ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Colleyville charges fees for miscellaneous services and materials as authorized by Ordinance 0-92-880 and it is desirous to update and add to those fees; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (g) of the City of Colleyville Code of Ordinances shall be revised with the following addition: Gas and oil well permit fee .. . $5,000.00 Sec. 5. THAT the effective date of this ordinance shall be April 1, 2008. 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 0-08-1668 Page 2 of 2 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney R ~r ` City of Colleyville Colley0v0~ille,aTexas76034 ,, ~''i (817) 503-1000 ~'" Agenda Briefing vvww•colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 03/11/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 8 Final Action: Secretary File Name: Reports -March 11, 2008 History of Legislative File Version: Date: Acting Body: Action Text: 1 03/11/2008 City Council City of Colleyville Page 1 Printed on 3/5/2008 RESOLUTION R-08-2953 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MARCH 11, 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