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Home My WebLink AboutCity Council-Agenda Packets-5/20/2008~_::, ,,, ~~ -~.:>. City of Colleyville Agenda City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, May 20, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Keep Colleyville Beautiful presentation and update PC-2 Presentation of the Monthly Financial Report - April 2008 PC-3 Presentation of the Quarterly Investment Report PC-4 Discussion of the May 20, 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) Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 5/16/2008 City Council Agenda May 20, 2008 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Duane Bickel, Colleyville Assembly of God 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-08-2968 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation National Public Works Week May 18 - 24, 2008 - Steve Chutchian, Director of Public Works, Kelly Howell, Operations Manager, Ken Tywater, Utility Superintendent, James Watkins, Public Works ROAD-E-O Coordinator 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2969 4a Approval of the minutes of the regular City Council meeting held on May 6, 2008 4b Approval of a Preliminary Plat of 6.4 acres on Tract 3B of Abstract 1543 in the George W. Teeter Survey for Carmel Place Estates Addition located at 1301 Glade Road, Case P-08-015 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1679 Approval of an amendment to Ordinance 0-04-1485 regarding Section 18-23 of Chapter 18-Buildings and Building Regulations, Case G-08-012 5b 0-08-1680 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Village at Colleyville Addition, Case Z-08-014 City of Colleyville Page 2 Printed on 5/16/2008 City Council Agenda May 20, 2008 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1681 Approval for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107A, Case Z-08-013 6b 0-08-1682 Approval to amend the existing gas franchise between the City of Colleyville and Atmos Energy Corporation (Atmos) 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-2970 Consideration of appointments to the Celebrate Colleyville Steering Committee 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Planning and Zoning Commission Minutes -April 28, 2008 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 20, 2008 - Reading and Public Hearing -Resolution R-08-2971 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, May 16, 2008, by 5:00 p .. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 3 Printed on 5/16/2008 ;~.,, .'~ --~ 100 Main Street `, ~ City of Colleyville Coll 8117) 03X1000034 r.,.:: Agenda Briefing vwvw•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/20/2008 Controlling Body: City Council Requester: Parks and Recreation Agenda No.: PC-1 Final Action: Department File Name: Keep Colleyville Beautiful presentation and update Attachments: Keep Colleyville Beautiful City Council Update Briefing -May 20, 2008 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/20/2008 City Council Title Keep Colleyville Beautiful presentation and update Explanation John Blassingame, Keep Colleyville Beautiful Chairman, will update the City Council on the activities of Keep Colleyville Beautiful. City of Colleyville Page 1 Printed on 5/12/2008 0 ~~ ~~ ~~ N~ o~ ~ vw 4~ ~ =, o A .~ • ~ ~ ~ • ~*-+ ~ ~ ~ ~ pq ~ o ~ ~' o ° ~ ~ ~ o ~~ ,~-~ '"~ N ~ A h ~ ~ ~ © w~~ a ~ N ~w~ ~, ~~o .~ ~ ~~~ ~ ~ ~~~ ~ ~ ~ ~~ ~ o ~~ v ~ ~ ~~ ~ ~~ ~w ~""~ o 0 ~~ ~~ ~~ oo~ N *~i Q~ ~ o ~ . ,.,y Q~ O ~ ~ ~ O Q o o ~ ~ ~` ~ ~ ~ ~ ~ ~ ~ ~ c~ ~ c~ v ~ ~ ~ W '~ ~ ~ ~ ~ v ~ ~ ~ ~ ~ ~ ~ W ~ o ~ ~ o 0 o ~ o ~ ~~°~~~~ ~ ~~~° .,.~ ~ ~~~~~~~ ~ ~w~ c~ .U ~ ~~ bA ~ U ~, '~ O ~ '~ .. ,..., ~ o N ~ ~ UWG-,W~v}~ cc3 c~ N . ,-~ O N O V ~-, ~ ~ _N ,~ ~ ~ O ~ ~ ~ U O Z N bA ~ ~ ~' ~ ~ ~ a ~ 4~ cn cll ~ ""' ~ ~ c~ ~ ~ p.., Q c~ ~ ~ ~ -~i ~ U U ~ ~ .~ ~ ~ ~ Q ~ ~ ~ ~x~Q ~ a~~x~z~~~ ~Q ~ ~ ~ ~ ~ ~ ~ ~ ~ A ~, ~ ~~~ ~~~~, '~~~~ ~ •~ o~ ~~~~ ~~~o ~ ~ ~ ~ ,.~ c~ ~ ~ • o ~ ~ o v o a ti~~~ ti U~4 ~~VU ~~~~ a~ ~ ~ ~ ~ '~ ~_ ~ ~ U ~ ~ ~ 4.J ~ ~ N ~ ~ ~ UO ~ +~-~ ..-, O ~ W ~ ~ ~ ~ w ~ ~ ~r ~ ~ ~ ,~ ~ ~ ~ ~ ~ ~ O Q ~' ~ ~ . pal U N ~~Os ~ ~ t~A ~ bA ( ~ .~ ti O ~ ~ Q ~ ~ 4 ~ r~ i r i - '~ ^C 'L b 'd " ~ b '~ ~ ~l r-~ ~l ~-1 ~-1 ~-.~ r~ ~ o ~, o z ~ A W ~ z O z a w ~ w p ~ w ~ Z ~ Z ~ U p ., rn w ~ ~ p ~ ~ A ~ ~ ~ Z ~ ~ H --~ ~ ~ ~ ~ `-~ Z [-; ~ U W V O A w ~ ~ U ~ w A ~ ~ ~ V ~ W ~ `~ ~ ~ a ~ ~ ~ 0 ~ ~~ CC3 ~ U 0 0 ~ ~ .~ ~ a.~ ~~ ~ '-' U ~' ~ ~-' ' """'' s7l U ~, ~ ~ ~ ~ '--r 4 .~ ~ © ~ ~' ~ o .~ ~ ~ ~ .~ ~ ~ h~+M ~ ~ ~ , ~ O ~ ~ ~ ~I ~ ~ ~ N •~ ~ ~ A ~ ~ ~ ~ ~ ~' W ~ ~ ~ ~ ~ ~, a~ v ~ i~ ~ '~ ~ ~ '~ ~ ~ .~ o ~ O ~ .~ ~ a, .~ ~ ~ ~ ~ ~ c~ '~ ~ .~ ~ W F~ W ~ ~ ~ •~ ~ ^ ^ ^ ^ ^ ^ ^ ~i~~, ~, ~ City of Colleyville Colley~Ile,Texas76034 (817) 503-1000 r.,.;~ Agenda Briefing www•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/20/2008 Controlling Body: City Council Requester: Finance Department Agenda No.: PC-2 Final Action: File Name: Presentation of the Monthly Financial Report - April 2008 Attachments: Monthly Financial Report -April 2008.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/20/2008 City Council Title Presentation of the Monthly Financial Report - April 2008 Explanation The percentage of current year taxes collected is ahead of April 2007 and now exceeds 97% of the tax roll. Sales tax revenue received in April was up $13,209 which is 9.65% over the amount received in April 2007. Ten residential building permits were issued in April, as compared to eight issued in April 2007. Municipal Court revenues continue to be up as compared to Fiscal Year 2007. The average amount expended by the departments at the end of April 2008 is 50.6%. Utility Fund Water usage decreased slightly as compared to the amount sold through April 2007. The average amount expended by the Utility Fund at the end of April 2008 is 52.6%. City of Colleyville Page 1 Printed on 5/14/2008 MONTHLY FINANCIAL REPORT -APRIL 2008 GENERAL FUND FY 2008 REVENUE SOURCE BUDGET Current Taxes $8,860,357 Delinquent Taxes 50,000 Penalty & Interest 55,000 TOTAL AD VALOREM TAXES $8,965,357 TXU Electric Tri-County Electric TXU Gas Southwestern Bell Verizon/Others Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits 'TOTAL LICENSES & PERMITS Fines Alarms Permit Fees Library Fines $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 4/30/2008 $8,690,627 45, 861 37,308 $8,773,796 $844, 989 110, 560 338,969 94, 961 31,942 76,814 92,172 $1,590,407 ~ $965,260 61,003 $1,026,263 $436, 894 46,180 ~~ 34,986 40,626 42, 997 84,019 1,041 754 4,495 3,455 7,600 $703,047 $533,496 32,950 15,158 TOTAL FINES $789,100 ~ $581,604 PROJECTED AS OF 4!30/2008 $8, 594, 546 35,000 30, 000 $8,659,546 $884,000 104, 000 280,000 85,500 29,750 62, 292 82, 500 $1, 528, 042 $883,502 75,000 $958,502 $535,459 72,913 33, 313 56,993 33,135 97,610 1, 796 1,167 4,092 4,293 8,750 $849,521 $422,917 25,000 15,225 $463,142 RECEIVED AS OF 4/30/2007 $7,818,556 35,450 26,147 $7,880,153 $933, 754 102,109 278,418 59, 334 17,402 59,619 89, 386 $1,540,022 $871, 971 66,620 $938,591 $445,133 50, 981 34,459 39, 545 38,710 111,892 1, 598 1,188 5,160 4, 300 9,550 $742,516 $456,292 29,575 15, 041 $500,908 PERCENT CHANGE 11.15% 29.37% 42.69% 11'.34%° -9.51 8.28% 21.75% 60.04% 83.55% 28.84% 3.12% 3:27% 10.70% -8.43% 9:34% -1.85% -9.42% 1.53% 2.73% 11.07% -24.91 -34.86% -36.53% -12.89% -19.65% -20.42% 5.32% 16.92% 11.41% 0.78% 16,1'1% MONTHLY FINANCIAL REPORT -APRIL 2008 REVENUE SOURCE FY 2008 BUDGET Re-zoning Plat Fee/Site Plan Board of Adjustment Sale of Material Weed Mowing Animal Impoundment Ambulance Recreation Program Non-Resident Fee Parks Field Use Charge Engineering & Inspection Chgs & Reimbursements Colleyville Center Rental Library Building Rental Lot Drainage Insp Fee $"IL,SVU 21,000 2, 000 2, 500 6, 000 3, 200 242,000 148,524 24, 500 16,450 80,000 2,000 214,000 75 31,225 TOTAL CHARGES FOR SERVICE DARE Officer Reimb TOTAL INTERGOVERNMENTAL Sale of Surplus Property Interest Income Miscellaneous Use of Available Cash Celebrate Colleyville Revenue Antenna Lease TOTAL MISCELLANEOUS Transfer from Utility Fd TOTAL TRANSFERS $805, 974 $85,516 $85,516 $17,000 382,500 55,000 180,290 0 63,475 $698,265 $716,934 $716,934 RECEIVED as of 4/30/2008 $7,061 15,815 875 1, 209 4,760 2,411 142, 848 65,935 12,030 7,715 118,531 3,135 155, 249 0 12,850 $550,424 $0 $0 $0 222, 892 65, 018 0 0 57,756 $345,666 $0 $0 PROJECTED AS OF 4!30/2008 $7,292 12, 250 1,167 1,458 3, 500 1, 867 141,167 50, 000 12,250 8,225 46,667 1,167 124, 833 44 18,215 $430,100 $0 $0 $0 205,000 45,000 0 0 57,500 $307,500 $0 $0 RECEIVED AS OF 4/30/2007 $11,338 15,754 2,125 2,618 1, 380 2, 880 143,349 49, 283 8,620 10, 004 98,619 6,050 127,480 0 11, 500 $491,000 $0 $0 $0 106,217 67,507 0 650 56,211 $230,585 $0 $0 PERCENT CHANGE -37.72% 0.39% -58.82% -53.82% 244.93% -16.28% -0.35% 33.79% 39.56% -22.88% 20.19% -48.18% 21.78% 0.00% 11.74% 12.90% 0.00% 0.00% 0.00% 109.85% -3.69% 0.00% -100.00% 2.75% 49.91 0.00% 0.00% TOTAL'GENERAL FUND REVENUES $17,817,361 $13,571,207 $13,196,352 $12,323,775 1'0.12% MONTHLY FINANCIAL REPORT -APRIL 2008 TOTAL PERCENT FY 2008 THROUGH THROUGH INCREASE INCREASE BUDGET 4/30/2008 4/30/2007 (DECREASE) (DECREASE) OF CURRENT TAX RGLL COLLECTED 99.0% 97.09% 96.88% 0.21 % 0.22% RESIDENTIAL BLDG PERMITS 245 88 72 16 22.22% COMMERCIAL BLDG PERMITS 10 14 22 (8) -36.36% PLUMBING/MECHANICAL PERMITS 900 855 850 5 0.59% ELECTRICAL PERMITS 400 293 283 10 3.53% CITATIONS ISSUED 9,700 8,691 6,416 2,275 35.46% CITATIONS APPEALED 270 336 387 (51) -13.18% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2008 THROUGH PROJECTED 58.33% OF THE BUDGET BUDGET 4/30/2008 EXPENDITURES YEAR COMPLETED REMAINING' City Council and Secretary $577,897 $263,833 $254,896 45.7% $314,064 City Manager 604,923 364,822 368,673 60.3% 240,101 Finance 469,129 279,195 261,568 59.5% 189,934 Legal 106,823 67,083 53,412 62.8% 39,740 Engineering 551,249 290,731 294,310 52.7% 260,518 Economic Development 161,924 93,759 93,122 57.9% 68,165 Building Inspection 412,404 230,457 231,387 55.9% 181,947 Community Development 282,071 127,690 126,697 45.3% 154,381 Fire 3,512,912 2,161,446 2,163,122 61.5% 1,351,466 Police 4,049,272 2,370,549 2,366,287 58.5% 1,678,723 Parks 1,511,351 694,313 675,845 45.9% 817,038 Recreation 326,958 149,180 146,664 45.6% 177,778 Streets & Drainage 1,974,850 568,621 650,883 28.8% 1,406,229 Library 677,620 340,396 346,324 50.2% 337,224 Communications 212,221 113,075 116,890 53.3% 99,146 Colleyville Center 480,283 193,931 202,241 40.4% 286,352 Human Resources 234,419 116,203 115,385 49.6% 118,216 Municipal Court 241,121 134,494 134,648 55.8% 106,627 Fleet Maintenance 195,202 110,193 111,433 56.5% 85,009 Building Services 256,950 120,208 131,743 46.8% 136,742 Information Services 370,522 167,442 170,300 45.2% 203,080 Capital Equipment Reserve 135,000 49,662 49,662 36.8% 85,338 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 $9,007,283 $9,065,492 50:6% $8;807,448 MONTHLY FINANCIAL REPORT -APRIL 2008 UTILITY FUND REVENUE SOURCE Water Sales Sewer Sales Sewer Installation Water Installation Sewer Tie-on Charges Engineering Charges Penalties Miscellaneous TOTAL OPERATING INCOME Interest Income Use of Available Cash TOTAL NON-OPERATING INCOME TOTAL'INCOME RECEIVED PROJECTED FY 2008 AS OF AS OF BUDGET 4/30/2008 4/30/2008 $7,232,910 $3,200,799 $3,149,842 2,188,056 1,326,753 1,276,366 22,900 14,690 13,358 48,000 26,830 28,000 5,000 3,000 2,917 35,000 51,507 20,417 158,342 101,221 92,366 13,000 8,813 7,583 $9,703,208 $4,733,613 $4,590,849 $245,000 $246,121 $135,000 337,000 0 0 $582,000 $246,121 $135,000 $10,285,2081 $4,979,7341 $4,725,849 RECEIVED AS OF PERGEN7 4/30/2007 CHANGE $3,287,619 -2.64% 1,170,355 13.36% 9,400 56.28% 23,210 15.60% 12,918 -76.78% 47,106 100.00% 90,191 12.23% 23,791 -62.96% $4, 664, 590 1.48% $133,673 84.12% 0 0.00% $133,673 84;12% $4, 798, 263 1 3:78% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 4/30/2008 4/30/2007 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 946,569,000 980,859,000 (34,290,000) -3.50% NUMBER OF WATER CUSTOMERS 8,814 8,640 174 2.01% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2008 THROUGH PROJECTED 58.33% OF THE BUDGET BUDGET 4/30/2008 EXPENSES YEAR COMPLETED REMAINING Administration $208,211 $114,105 $114,930 54.8% $94,106 Billing 590,033 226,726 232,443 38.4% 363,307 Operations 7,511,273 4,112,358 3,870,762 54.7% 3,398,915 Debt Service 972,260 858,233 858,233 88.3% 114,027 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 $5,311,422 $5,076,368 52.6% $4,778,967 ~~"-`. 100 Main Street (~ ~ City of Colleyville Coll 8117) 03X1000 034 `v.r3 ~ - '"~'" Agenda Briefing vvww•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/20/2008 Requester: Finance Department Agenda No.: PC-3 File Name: Presentation of the Quarterly Investment Report Attachments: Quarterly Investment Report.pdf History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 05/20/2008 City Council Title Presentation of the Quarterly Investment Report Explanation During the period of January 1, 2008 through March 31, 2008, the City of Colleyville had an average of $33,706,213 invested on a daily basis, which earned $355,780, with an average yield of 4.19%. The average yield on investments for this quarter is down from the prior quarter's average of 5.04%. As of March 31, 2008, the City had $35,062,133 invested in the LOGIC Investment Pool and various debt instruments in the following percentages: LOGIC Investment Pool 56.38% Treasury Notes 27.92% FHLB Notes 6.52% FNMA Notes 3.71 FFCB Note 2.85% FHLMC Note 2.62% These percentages are within the guidelines for portfolio diversification in the City's investment policy. The market value of the City's investments on March 31, 2008 was $15,469,000, as compared to a purchase price of $15,338,240 (this excludes LOGIC Investment Pool). The Colleyville Economic Development Corporation currently holds a Treasury Note ($540,000) with a market value of $540,885. Additionally, $1,006,871 was invested in the Corporation's name in the LOGIC Investment Pool. These funds earned interest of $15,829 for the quarter. City of Colleyville Page 1 Printed on 5/14/2008 Agenda Briefin_g Continued This information was presented to the City Council Audit Committee at their April 24, 2008 meeting. City of Colleyville Page 2 Printed on 5/13/2008 QUARTERLY INVESTMENT REPORT LISTING OF INVESTMENTS BY GENERAL LEDGER ACCOUNT NUMBER OUTSTANDING INVESTMENTS AT MARCH 31, 2008 PURCHASE PAR MARKET VALUE MATURITY YIELD ON PRICE VALUE @ 3131/08 DATE INVESTMENT FFCB NOTE $1,000,000 $1,000,000 $1,001,560 4/2312008 5.121% TREASURY NOTE $1,000,000 $1,000,000 $1,002,660 4/3012008 4.872% TREASURY NOTE $1,249,805 $1,250,000 $1,253,325 4/30/2008 4.880% TREASURY NOTE $856,641 $850,000 $854,318 5115/2008 4.839% TREASURY NOTE $1,250,000 $1,250,000 $1,257,038 5/31/2008 4.870% FNMA NOTE $1,270,100 $1,300,000 $1,304,472 6/16/2008 5.487% FHLB NOTE $1,100,000 $1,100,000 $1,107,568 7/9/2008 4.993% FHLMC NOTE $912,456 $920,000 $926,458 8/4/2008 5.085% TREASURY NOTE $992,188 $1,000,000 $1,009,690 8/15/2008 4.716% TREASURY NOTE $1,001,140 $1,000,000 $1,014,060 813112008 4.780% TREASURY NOTE $977,813 $1,000,000 $1,007,970 9115/2008 4.724% TREASURY NOTE $1,276,328 $1,240,000 $1,276,431 3131/2009 1.760% FHLB NOTE $1,219,297 $1,185,000 $1,220,917 8/14/2009 2.500% TREASURY NOTE $1,232,472 $1,200,000 $1,232,532 10/15/2009 1.590% TOTAL OUTSTANDING INVESTMENTS $15,338,240 $15,295,000 $15,469,000 CITY OF COLLEYVILLE BALANCES AT MARCH 31, 2008 INVESTMENT PURCHASES $15,295,000 LOGIC INVESTMENT POOL $19,767,133 TOTAL CITY INVESTMENTS HELD AT MARCH 31, 2008 $35,062,133 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BALANCES AT MARCH 31, 2008 INVESTMENT PURCHASES $526,184 LOGIC INVESTMENT POOL $1,013,627 TOTAL CEDC INVESTMENTS HELD AT MARCH 31, 2008 $1,539,811 TOTAL INVESTMENTS HELD BY CITY OF COLLEYVILLE AND COLLEYVILLE ECONOMIC DEVELOPMENT CORP AT MARCH 31, 2006 $36,601,944 ~ O o ~ci ~n v _o o ~n ~ o_ vi ~ rn o ~ ~ ~ ~ ~ n if ~ CO V M ~- r Y M ° N ~ ~ ~ a ~ a a ~ ~ ~ ~ v ~ a a g a z~ z z z z z z ~ Q o c~ ~ ~ o N ~ c±> N Q Q Q Q Q Q Q Q Q Q Q Q Q a Q Q Q ~ a ` ~ Z Z Z Z Z Z Z Z Z Z Z Z Z Q Z Z Z Z ~ Z ~ Q ~ LL N (~ ~ N a0 M e0 In O I~ O O 00 CO O CD e0 CO O CO I~ M N M O O ~ M O ~ O CD ~ O M f0 ~ O V In O F CO O ~ O M ~ h lC') CO N 1~ O O O r O ~ ~ ~ N O O O N M f~ N M O O W Y W = M N N a ~ a a O O ~-- _ O ~ O O N N N V ~ ~ Q ~ fA fR fA Z Z Z 69 EA Ki V3 ER ff~ EA 69 fA ~ a ~ ~ va ~ J a 0 ~ ~ d ~ a U 2 a Z a Z a Z a Z a Z a Z a Z a Z a Z a Z a Z a Z a Z a Z O ~ N v~ N M N v> ~ V N i» n p N ~ a 0 ~ J ~ ~ F ~ ~ W O a Q Z _a Z a Z °o oo M ~ a Z °o p ~ ~ °o o N ~ Q Z Q Z _a Z Q Z a Z _a Z Q Z Q Z a Z Q Z 0 0 ~° MEH N f~ O O ~ O _M (D O M (O V ~ I~ O_ M N M O O O M O N N M V ~ O tf) I~ M V' W O V 00 O O ~ (D W M F"' Y ~ a W ~ J ; ~ ~ fh N I~ O N fA fD In N 69 I~ ~ N Efl N O M 69 O N ~ O O O Kf V O N ffl W m ~ V O O H3 M O EA ~ oD O O Efl CO ~ ~ V O O EA O O 69 a Z a Z a Z ~ N ~ ~ O p N M 2 ~ QW W ~ Q ~ O O O O O M b9 O O O O N N EA O O O O ~ N 69 O O O O O M fA O O O O N ~ O O O O O O ER O O O O O N EA O O O O O O 69 O O O O O O EA O O O O O Efl O O O O O O EA O O O O to ~ O O O O O O fA O O O O O O ER O O O to ap fA O O O O tt N EA O O O O O N fA U a ~ ' a W ~ U W ~ O _O O N ~ O N O N O O O O N M M fD ~ N CO ~ ~ N ~ O [p V O ~ M CO In GO ~ M a0 I~ ~ ~ 00 .- N ~ O O O O +- O V ~ O O V CD O ~ O O O O O O O O O O r O N W N M N M CO N N r V' N N ~ a ~ 4 d v> eA i» e» e» is~ its ~ ea e» ~» e» ~ J W 2 ~ ~ Z ~ Q ~ ~-- a ~ a ~ o O O N (D ~ (D ~ O O N O M sY ~ O O N M ~ o O O N O N N ~ O O N "`" ~ ~ O O N N ~ N w O O N M M ~ O O N In ~ ~ ~ O O N ~ ~ oD ~ O O N Q1 ~ ~ O O N M M ~ O O N to ~ tfJ ao O O N O M V' ~ O O N M N ~ rn O O N ~ ~- ~ rn O O N M M rn O O N ~ ~- O W ~ `- H ~ W ~ Z Z Q W (n = ~ ~ Q (O o O N N ~ CO O O N M W (O o O N M a0 1~ 0 O N ~ ~ 0 O N N ~ o O N (D N ~ O O N ~ N N h O O N N ~ n O O N N ~ ~ o O N N ~ r O O N O M ~ n o O N M ~ ~ O O N ~ ~ ~ o O N ~ in W O O N ~ N O o O N O N N W 0 O N M M ~ d. W J a H W Y ~ a O d a U W ~ N g ~ ~ W ~ z p Z a ~ Z LL W f- O Z ~ (n a W ~ I- W F- O Z ~ Cn a W ~ H W I- O Z ~ (n a W ~ H W Z U ~ J 2 LL ~ Z m J 2 L~ W !- O Z ~ (n a W ~ H W F O Z ~ ~ a W ~ H- W ~ O Z ~ Cn a W ~ I- p Z m J 2 L~ W H O Z > (n a W ~ I- W H O Z > (n a W ~ f- W F O Z > (n a W ~ F- O Z m (~ W LL O Z m J 2 W W H O Z > (n a W ~ F- W 1- O Z > Cn a W ~ F- n J a H O H INTEREST EARNINGS ON CITY OF COLLEYVILLE INVESTMENTS JANUARY 1 -MARCH 31, 2008 PURCHASE PAR MATURITY YIELD ON INTEREST PRICE VALUE DATE INVESTMENT EARNED FHLB NOTE $999,469 $1,000,000 2/12/2008 5.180% $5,961 TREASURY NOTE $1,295,633 $1,300,000 2/29/2008 4.924% $10,347 TREASURY NOTE $1,196,568 $1,200,000 3/31/2008 4.895% $14,484 FFCB NOTE $1,000,000 $1,000,000 4/20/2008 5.121% $12,767 TREASURY NOTE $1,000,000 $1,000,000 4/30/2008 4.872% $12,147 TREASURY NOTE $1,249,805 $1,250,000 4/30/2008 4.880% $15,208 TREASURY NOTE $850,000 $856,641 5/15/2008 4.839% $10,335 TREASURY NOTE $1,250,000 $1,250,000 5/31/2008 4.870% $15,177 FNMA NOTE $1,270,100 $1,300,000 6/16/2008 5.487% $17,784 FHLB NOTE $1,100,000 $1,100,000 7/9/2008 4.993% $13,693 FHLMC NOTE $912,456 $920,000 8/4/2008 5.085% $11,663 TREASURY NOTE $992,188 $1,000,000 8/15/2008 4.716% $11,758 FHLB NOTE $1,001,140 $1,000,000 8/31/2008 4.780% $11,917 TREASURY NOTE $977,813 $1,000,000 9/15/2008 4.724% $11,778 TREASURY NOTE $1,276,328 $1,240,000 3/31/2009 1.760% $2,930 FHLB NOTE $1,219,297 $1,185,000 8/14/2009 2.500% $2,597 TREASURY NOTE $1,232,472 $1,200,000 10/15/2009 1.590% $52 TOTAL INTEREST EARNED ON CITY INVESTMENTS HELD 1-1-08 THROUGH 3-31-OS $180,598 OUTSTANDING INVESTMENTS AT 3-31-OB ACCOUNT ALLOCATION OF INVESTMENT INVESTMENT G/L TOTAL 001-1172 GENERAL FUND OPERATING $4,030,407.68 002-1166 UTILITY DEBT SERVICE RESERVE $928,527.54 002-1169 98 REVENUE BONDS $605,465.87 002-1172 UTILITY FUND OPERATING $3,232,002.21 002-1174 WATER IMPACT FEE $972,266.75 002-1178 CUSTOMER DEPOSITS $395,403.30 003-1173 SERVICE AREA I -IMP FEES $198,899.64 003-1180 BEDFORD BRIDGE ESCROW $34,869.23 003-1182 PLEASANT RUN LAUREL OAKS $57,083.25 003-1168 TOWN CENTER/HWY26 $34,278.97 003-1192 MCDONWELL WOODS EST ESCROW $10,374.87 003-1200 LONGWOOD-PARKING ESCROW $13,475.93 003-1203 SERVICE AREA II -IMP FEES $278,588.14 003-1204 BEDFORD LAKES/SOMERSET $229,612.71 003-1209 PECAN PARK 11 DRAINAGE ESCROW $3,623.66 003-1216 BOGART/HIDDEN OAKS/SANDLIN $272,826.83 003-1217 CHURCH STREET CULVERT ESCROW $8,722.82 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC $45,406.53 003-1229 GLADE RD SUMMERBROOK $56,059.68 003-1231 LAKEWOOD ESCROW $25,633.92 003-1236 E. GLADE CRANBROOK ESCROW $118,638.55 003-1237 E. GLADE ASHMORE I ESCROW $52,912.68 003-1239 GLADE POINTS LANDSCAPE ESCROW $4,689.32 003-1247 GLADE/VVAYSIDE ESCROW $42,724.11 003-1250 REATTA PLACE $92,912.51 003-1257 ASHMORE II A GLADE RD ESCROW $28,298.79 003-1268 MILL CREEK/ GLADE ESCROW $30,787.46 003-1271 ASHMORE III/ GLADE ESCROW $62,664.78 003-1278 GLADE RD/ASHMORE IIB ESCROW $36,248.32 003-1301 LAKEWOOD PH IV $73,475.42 003-1304 VILLAS DEL MAR $56,924.17 003-1307 SPRING GARDEN $88,967.17 003-1313 APPLEBEE'S $44,164.21 003-1319 REMINGTON PARK $160,590.76 003-1323 SHALIMAR $70,190.94 003-1325 PECAN GARDENS $31,452.26 003-1330 REMINGTON PARK $78,723.53 003-1357 CITGO/LD LOCKETT $55,855.07 003-1360 REMINGTON PARK PH III $77,445.86 003-1404 TANGLEWOOD $25,672.71 003-1418 CLAIRMONT-PH II $139,359.05 004-1172 DEBT SERVICE FUND $0.00 005-1172 VOLUNTARY PARK FUND $36,448.08 011-1172 LIBRARY DONATIONS FUND $212,105.28 012-1172 PARK LAND DEDICATION FUND $685,335.21 017-1172 DRAINAGE FUND OPERATING $332,644.19 024-1172 CEDC OPERATING $526,183.59 026-1172 TIF OPERATING $1,265,478.75 PER GENERAL LEDGER $15,664,422.50 VALUE AT MATURITY $15,835,000.00 INTEREST RECEIVED AT MATURITY $942,246.02 OUTSTANDING INVESTMENTS AT 3-31-08 INVESTMENT DATE ACQUIRED MATURITY DATE 26 WEEK T-BILL AUCTION DISCOUNT/WEEK OF PURCHASE YIELD TO MATURITY ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 002-1166 UTILITY DEBT SERVICE RESERVE 002-1169 98 REVENUE BONDS 002-1172 UTILITY FUND OPERATING 002-1174 WATER IMPACT FEE 002-1178 CUSTOMER DEPOSITS 003-1173 SERVICE AREA I -IMP FEES 003-1180 BEDFORD BRIDGE ESCROW 003-1182 PLEASANT RUN LAUREL OAKS 003-1188 TOWN CENTERIHWY26 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1203 SERVICE AREA II -IMP FEES 003-1204 BEDFORD LAKES/SOMERSET 003-1209 PECAN PARK II DRAINAGE ESCROW 003-1216 BOGARTIHIDDEN OAKS/SANDLIN 003-1217 CHURCH STREET CULVERT ESCROW 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADE/WAYSIDE ESCROW 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILL CREEK/ GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RDIASHMORE 118 ESCROW 003-1301 LAKEWOOD PH IV 003-1304 VILLAS DEL MAR 003-1307 SPRING GARDEN 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 003-1323 SHALIMAR 003-1325 PECAN GARDENS 003-1330 REMINGTON PARK 003-1357 CITGOILD LOCKETT 003-1360 REMINGTON PARK PH III 003-1404 TANGLEWOOD 003-1418 CLAIRMONT-PH II 004-1172 DEBT SERVICE FUND 005-1172 VOLUNTARY PARK FUND 011-1172 LIBRARY DONATIONS FUND 012-1172 PARK LAND DEDICATION FUND 017-1172 DRAINAGE FUND OPERATING 024-1172 CEDC OPERATING 026-1172 TIF OPERATING PER GENERAL LEDGER VALUE AT MATURITY INTEREST RECEIVED AT MATURITY FNMA TREASURY TREASURY NOTE NOTE NOTE 21-Jul-06 31-Aug-O6 31-Aug-O6 i6-Jun-OB 30-Apr-08 31-May-OS 5.090 % 4.970 % 4.970 5.487 % 4.880 % 4.870 114,002.07 510,000.00 31,488.98 152,089.68 605,465.87 129,404.28 600,000.00 23,968.00 117,082.50 47,150.52 319,302.07 5,730.52 10,374.87 56,059.88 4,689.32 62,664.78 73,475.42 88,967.17 160,590.76 139,359.05 105,945.94 179,093.69 132, 226.82 100, 772.50 $1,270,100.00 $1,249,804.69 $1,250,000.00 $1,300,000.00 $1,250,000.00 $1,250,000.00 $133,791.67 $101,702.61 $106,557.38 FHLMC NOTE 15-Feb-07 04-Aug-OB 4.965 5.085 97, 350.54 19,279.03 34,869.23 57,083.25 45,406.53 31,452.26 78,723.53 36,448.08 106,159.34 338,251.78 67,432.43 $912,456.00 $920,000.00 $68,379.00 TREASURY NOTE 28-Feb-07 15-May-OS 4.800 4.824% 526,183.59 $526,163.59 $540,000.00 $30,967.38 LOGIC INVESTMENT POOL ALLOCATION AND GENERAL INFORMATION LOCAL GOVERNMENT INVESTMENT COOPERATIVE / "LOGIC" ACCOUNT ALLOCATION AT MARCH 31, 2008 ACCT # DESCRIPTION BALANCE GENERAL FUND 001.1115 GENERAL OPERATING $6,486,435.21 UTILITY FUND 002.1115 UTILITY OPNS $2,385,928.25 002.1116 IMPACT FEES WATER $16,960.36 002.1130 UTILITY INTEREST & SINKING FUND $975,912.28 002.1294 IMPACT FEES SEWER $239,486.43 CAPITAL PROJECTS FUND 003.1113 IMPACT FEES/SA I $141,002.16 003.1396 2002 CERTIFICATES OF OBLIGATION $45,950.78 003.1396 2002 CERTIFICATES OF OBLIGATION $432,969.29 DEBT SERVICE FUND 004.1115 DEBT SERVICE OPERATING $530,055.30 TIF FUND 017.1115 DRAINAGE OPERATING $289,853.71 017.1159 DRAINAGE INT & SINKING FUND $135,157.32 017.1380 2001 DRAINAGE BONDS $515,562.41 TIF FUND 026.1115 TIF OPERATING $2,881,038.94 026.1383 2001 TIF BONDS $133,564.12 CCCPDFUND 027.1115 CCCPD OPERATING $271,729.87 027.1147 99 POLICE/COURT BLDG FUND $63,839.41 SALES TAX INCENTIVE AGREEMENT FUND 031.1115 SALES TAX INCENTIVE AGREEMENT OPERATING $1,168,281.84 TOTAL LOGIC POOL BALANCE $16,713,727.68 OUTSTANDING INVESTMENTS AT 3-31-08 INVESTMENT DATE ACQUIRED MATURITY DATE 26 WEEK T-BILL AUCTION DISCOUNTIWEEK OF PURCHASE YIELD TO MATURITY ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 002-1166 UTILITY DEBT SERVICE RESERVE 002-1169 98 REVENUE BONDS 002-1172 UTILITY FUND OPERATING 002-1174 WATER IMPACT FEE 002-1178 CUSTOMER DEPOSITS 003-1173 SERVICE AREA 1 -IMP FEES 003-1180 BEDFORD BRIDGE ESCROW 003-1182 PLEASANT RUN LAUREL OAKS 003-1188 TOWN CENTER/HWY26 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1203 SERVICE AREA II -IMP FEES 003-1204 BEDFORD LAKES/SOMERSET 003-1209 PECAN PARK II DRAINAGE ESCROW 003-1216 BOGART/HIDDEN OAKS/SANDLIN 003-1217 CHURCH STREET CULVERT ESCROW 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADE/WAYSIDE ESCROW 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILL CREEK/ GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RDlASHMORE LIB ESCROW 003-1301 IAKEWOOD PH IV 003-1304 VILLAS DEL MAR 003-1307 SPRING GARDEN 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 003-1323 SHALIMAR 003-1325 PECAN GARDENS 003-1330 REMINGTON PARK 003-1357 CITGO/LD LOCKETT 003-1360 REMINGTON PARK PH III 003-1404 TANGLEWOOD 003-1418 CLAIRMONT-PH II 004-1172 DEBT SERVICE FUND 005-1172 VOLUNTARY PARK FUND 011-1172 LIBRARY DONATIONS FUND 012-1172 PARK LAND DEDICATION FUND 017-1172 DRAINAGE FUND OPERATING 024-1172 CEDC OPERATING 026-1172 TIF OPERATING PER GENERAL LEDGER VALUE AT MATURITY INTEREST RECEIVED AT MATURITY TREASURY FFCB FHLB TREASURY TREASURY NOTE NOTE NOTE NOTE NOTE 15-May-07 15-May-07 12-Feb-OB 29-Feb-08 31-Mar-08 30-Apr-OB 23-Apr-OB 14-Aug-09 31-Mar-09 15-Oct-09 4.870 % 4.870 % 2.250 % 2.070 % 1.550 4.872 % 5.121 % 2.500% 1.760 % 1.590 230,039.01 82,656.18 324,317.33 405,735.83 418,068.32 266,467.86 381,425.60 189,443.34 707,092.88 68,890.74 211,363.18 253,878.21 34,278.97 169,951.65 92,912.51 56,924.17 172,217.71 1,672.38 25,633.92 13,475.93 229,612.71 3,623.66 272,826.83 8,722.82 118,638.55 52,912.68 42,724.11 28,298.79 30,787.46 36,248.32 44,164.21 70,190.94 55, 855.07 77,445.86 25,672.71 82,876.59 32,212.44 408,838.12 $1,000,000.00 $1,000,000.00 $1,219,297.46 $1,276,328.13 $1,232,472.00 $1,000,000.00 $1,000,000.00 $1,185,000.00 $1,240,000.00 $1,200,000.00 $46,497.96 $47,833.33 $44,949.41 $24,198.10 $29,937.84 LOGIC LOGIC Newsletter March 2008 As of March 31, 2008 Current Invested Balance $1,778,824,386.38 Weighted Average Maturity (1 )" 37 Days Weighted Average Maturity (2)* 61 Days Net Asset Value 1.000133 Total Number of Participants 384 Management Fee on Invested Balance 0.0875% Interest Distributed $5,190,696.43- Management Fee Collected. $138,166.22 % of Portfolio Invested Beyond 1 Year 2.24% Standard & Poor's Current Rating, AAAm March Averages: Average Invested Balance $1,864,219,443.29 .Average Monthly Yield, on a simple basis 3.1871 Average Weighted Average Maturity (1 )" 32 Days Average Weighted Average Maturity (2)'' 57 Days 'De(irdtion of 6i'c:ig}ued Average :maturity (1) & (2) {t) This weighted average maturity calculation uses the SEC Rule 2a-7 definition for stated maturity for any floating rate instrument held in the portfolio to determine the weighted average maturity for the pool. This Rule specifes that a variable rate instrument to be paid in 397 calendar days or less shall be deemed to have a maturity equal to the period remaining until the next readjustment of the interest rate. {2) This weighted average maturity calculatiorruses the final maturity of any' floating rate instruments held in the .portfolio to calculate the weighted .average maturity for the pool Rates reflect historical information and. are notan indication of future performance. New Participant We would like to welcome the following entity who joined the LOGIC program in March: ,k Honors Academy Conferences LOGIC representatives will be attending the following conferences in April. We look forward to visiting with those of you attending these events. ,k Government Finance Officers Association of Texas Spring Institute, April 13-15, Austin ~ County Treasurers' Annual Continuing Education Seminar, April 14-17, College Station Toward the end of the quarter, the Fed took unprecedented action in response to the ever- evolvingand deepening financial crisis. The most dramatic of its actions was the Primary Dealer Credit Facility, which was announced after the acquisition of Bear Stearns by JPMorgan. This is a facility that allows primary dealers to borrow at the discount rate against a wide range of collateral including mortgage-backed securities. The Fed cut the fed funds rate and discount rate by 75 basis points (bps) to 2.25% and 2.50%, respectively, at the March 18th FOMC, maintaining the 25 by spread. These cuts followed 125 bps of additional easing of the fed funds rate and 150 bps of additional easing of the discount rate earlier in the quarter. Meanwhile, economic data for the quarter weakened notably especially in the labor and housing market with consumer sentiment and some business confidence measures plummeting, Inflation which continues to be a concern for the Fed, actually moderated through the end of February. During the quarter, Treasury yields plummeted and the curve remained steep as investors continued their flight to quality in the midst of weakened economic and challenging financial conditions. Two-year yields ended the quarter down 146 bps at 1.58% and five-year yields ended down 100 bps at 2.44%. Some members of the Federal Reserve have expressed discomfort with the current pace of easing, suggesting that the Fed will likely be less aggressive during the coming months. Depending on financial market developments, it is expected that Fed will cut rates by another 25 bps to 2.0% in April and then likely pause. The economy is expected to weaken in the second quarter as the consumer is faced with many headwinds -weaker jobs and income, tighter credit, high gas prices, declining wealth and confidence and concern of recession. The forecast for 1.0% growth in the second quarter hinges on consumers spending their May stimulus package tax rebates relatively quickly. By the start of the second half of 2008, some clarity should emerges on both the path of the economy and the extent of financial institutions' losses. However, available credit will almost certainly remain significantly tighter than it was prior to the crisis. Portfo/io ,by Type oflnvestment As of March 3 ~, 2008 1 to 7 days cc snot 181+ days 3.58% commerce 60.3 Agencies 5.87% Repurchase Agreements 33.74% 91 to 180 days 13.91 ~I I I / 31 to 90 days ~ I / / 12.75% Distribution of Participants ,by Type As of March 3 ~, 2008 Other 4.95% School Distri~ 40.36% Higher Education 2.86% county 11.20% alth Care 1.82% Historical Program Information Average Book Market Net Number of Month Rate Value Value Asset Value WAM (1)* WAM (2)* Participants Mar 08 3.1871% $ 1,778,824,386.38 $ 1,779,062,369.97 1.000133 32 57 384 Feb 08 3.6259% 1,905,151,545.52 1,905,845,969.73 1.000262 23 45 383 Jan 08 4.4959% 1,774,368,545.12 1,775,758,264.68 1.000783 27 48 382 Dec 07 4.8750% 1,356,320,155.73 1,356,313,558.24 0.999916 37 65 382 Nov 07 4.9404% 1,245,526,894.36 1,245,129,317.19 0.999491 38 66 382 Oct 07 5.1701 % 1,371,571,180.34 1,372,352,384.43 1.000569 36 70 382 Sep 07 5.3899% 1,173,302,441.25 1,173,166,627.60 0.999884 28 66 382 Aug 07 5.3436% 878,202,770.32 878,002,006.92 0.999474 29 55 381 Jul 07 5.2667% 935,066,368.77 935,030,122.96 0.999935 26 43 381 Jun 07 5.2648% 916,986,423.08 917,009,473.40 0.999939 31 50 381 May 07 5.2548% 1,008,268,983.86 1,008,171,048.16 0.999902 32 48 380 Apr 07 5.2659% 1,069,231,770.21 1,069,121,584.60 0.999896 35 52 380 Mar 07 5.2758% 1,113,427,078.36 1,113,340,835.84 0.999846 34 53 379 Portfolio Asset Summary as of March 31, 2008 Book Value Market Value Uninvested Balance $ 812.16 $ 812.46 Accrual of Interest Income 382,416.69 382,416.69 Interest and Management Fees Payable (5,235,366.11) (5,235,366.11) Payable for Investment Purchased 0.00 0.00 Repurchase Agreements 603,491,000.00 603,491,000.00 Commercial Paper 1,075,187,784.45 1,075,445,797.23 Government Securities 104,997,739.19 104,977,710.00. Total $ 1,778,824,386.38 $ 1,779,062,369.97 Market value of collateral supporting the Repurchase Agreements is at least 102% of the Book Value. The portfolio is managed by J.P. Morgan Chase & Co. and the assets are safekept in a separate custodial account at the Federal Reserve Bank in the name of LOGIC. The only source of payment to the Participants are the assets of LOGIC. There is no secondary source of payment for the pool such as insurance or guarantee. Should you require a copy of the portfolio, please contact LOGIC Participant Services. Utility District City 9.90% 28.91 8 to 30 days 14.36% LOGIC Daily Rates for March 2008 3.85% 3.60% 3.55% 3.50% 3.45% 3.40% 3.35% 3.30% 3.25% 3.20% 3.15% - - 3.10 3.05% - - 3.00 2.95% 2.90% 2 85% ~~ Idoi~oo 2.80% - 2.75 2.70% 2.65% o~ o~ o~ o~' o~ o~ o`~ far ~`a~• ct`a~• ~~~ mar ~a~ lac ~. h ,~o ~h ,yo ,yh ,y~. Daily Summary for March 2008 Mny Mkt Fund Daily Allocation LOGIC Invested Market Value WAM WAM Date Equiv. [SEC Std.] Factor Balance Per Share Days (1)* Days (2)* 1-Mar-08 3.5984% 0.000098586 1,905,151,545.52 1.000262 25 50 2-Mar-08 3.5984% 0.000098586 1,905,151,545.52 1.000262 25 50 3-Mar-08 3.5971% 0.000098550 1,912,026,905.09 1.000345 26 51 4-Mar-08 3.5438% 0.000097090 1,906,065,565.45 1.000332 26 51 5-Mar-08 3.4718% 0.000095118 1,911,439,177.32 1.000320 26 51 6-Mar-08 3.4239% 0.000093805 1,910,739,002.81 1.000302 31 56 7-Mar-08 3.4193% 0.000093680 1,912,584,438.56 1.000249 30 55 8-Mar-08 3.4193% 0.000093680 1,912,584,438.56 1.000249 30 55 9-Mar-08 3.4193% 0.000093680 1,912,584,438.56 1.000249 30 55 10-Mar-08 3.4072% 0.000093348 1,910,922,515.05 1.000333 30 55 11-Mar-08 3.3416% 0.000091551 1,901,483,594.30 1.000346 30 54 12-Mar-08 3.3476% 0.000091716 1,862,819,224.66 1.000329 32 57 13-Mar-08 3.3144% 0.000090805 1,864,035,110.35 1.000362 31 57 14-Mar-08 3.4158% 0.000093584 1,843,459,985.41 1.000282 30 56 15-Mar-08 3.4158% 0.000093584 1,843,459,985.41 1.000282 30 56 16-Mar-08 3.4158% 0.000093584 1,843,459,985.41 1.000282 30 56 17-Mar-08 3.3509% 0.000091805 1,837,810,906.91 1.000526 30 55 18-Mar-08 3.2804% 0.000089873 1,838,065,687.78 1.000514 37 61 19-Mar-08 2.8766% 0.000078811 1,844,451,167.17 1.000413 38 62 20-Mar-08 2.8578% 0.000078295 1,854,382,927.81 1.000204 37 62 21-Mar-08 2.8578% 0.000078295 1,854,382,927.81 1.000204 37 62 22-Mar-08 2.8578% 0.000078295 1,854,382,927.81 1.000204 37 62 23-Mar-08 2.8578% 0.000078295 1,854,382,927.81 1.000204 37 62 24-Mar-08 2.8434% 0.000077902 1,846,015,207.41 1.000309 37 61 25-Mar-08 2.7905% 0.000076453 1, 855,131,422.73 1.000243 36 61 26-Mar-08 2.7074% 0.000074175 1,841,577,157.46 1.000198 36 60 27-Mar-08 2.7151% 0.000074385 1,830,297,098.35 1.000178 37 61 28-Mar-08 2.8539% 0.000078190 1,814,376,846.23 1.000053 36 61 29-Mar-08 2.8539% 0.000078190 1,814,376,846.23 1.000053 36 61 30-Mar-08 2.8539% 0.000078190 1,814,376,846.23 1.000053 36 61 31-Mar-08 3.0921% 0.000084715 1,778,824,386.38 1.000133 37 61 Average 3.1871% 0.000087317 1,864,219,443.29 32 57 LOZSL Xl ~spllpa 008 a~InS '~aaa~S Ined ';S y~oN SZ£ •aul '~uauaa~eueW gassy ~saMy~noS ~sal~ o/a saainaaS ~uediai~Ed ~I~OI LOGIC Board Members Philip G. Roberson Arlington ISD Fred L. Werner City of Grapevine Judd R. Sanderson North Texas Municipal Water District Kandy Daniel City of Beaumont Sandra Swinnea Tarrant Regional Water District ~IJO'I Board President Board Vice President Board Treasurer /Investment Officer Board Member Board Member For more information contact LOGIC Participant Services yk 1-800-895-6442 yk www.logic.org ~' First Southwest Asset Mana ement ' ~JPMorganChase ~~ 9 OUTSTANDING INVESTMENTS AT 3-31-08 INVESTMENT DATE ACQUIRED MATURITY DATE 26 WEEK T-BILL AUCTION DISCOUNT/WEEK OF PURCHASE YIELD TO MATURITY ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 002-1166 UTILITY DEBT SERVICE RESERVE 002-1169 98 REVENUE BONDS 002-1172 UTILITY FUND OPERATING 002-1174 WATER IMPACT FEE 002-1178 CUSTOMER DEPOSITS 003-1173 SERVICE AREA I -IMP FEES 003-1180 BEDFORD BRIDGE ESCROW 003-1182 PLEASANT RUN LAUREL OAKS 003-1188 TOWN CENTER/HWY26 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1203 SERVICE AREA II -IMP FEES 003-1204 BEDFORD LAKES/SOMERSET 003-1209 PECAN PARK II DRAINAGE ESCROW 003-1216 BOGART/HIDDEN OAKS/SANDLIN 003-1217 CHURCH STREET CULVERT ESCROW 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW D03-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADE/WAYSIDE ESCROW 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILL CREEKI GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW D03-1278 GLADE RD/ASHMORE IIB ESCROW 003-1301 LAKEWOOD PH IV 003-1304 VILLAS DEL MAR 003-1307 SPRING GARDEN 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 003-1323 SHALIMAR 003-1325 PECAN GARDENS 003-1330 REMINGTON PARK 003-1357 CITGOILD LOCKETT 003-1360 REMINGTON PARK PH III 003-1404 TANGLEWOOD 003-1418 CLAIRMONT-PH II 004-1172 DEBT SERVICE FUND 005-1172 VOLUNTARY PARK FUND 011-1172 LIBRARY DONATIONS FUND 012-1172 PARK LAND DEDICATION FUND 017-1172 DRAINAGE FUND OPERATING 024-1172 CEDC OPERATING 026-1172 TIF OPERATING PER GENERAL LEDGER VALUE AT MATURITY INTEREST RECEIVED AT MATURITY TREASURY NOTE 31-Mar-07 15-Sep-08 4.735 4.724 456,357.34 412,818.67 108,636.49 TREASURY NOTE 31-Mar-07 15-Aug-OB 4.735 4.716 992,187.50 FHLB NOTE 02-Apr-07 09-Jul-OS 4.735 4.993 1,100,000.00 TREASURY NOTE 30-Apr-07 31-Aug-OB 4.820 4.780 545,165.58 14,895.72 29,930.72 297,084.12 28,950.71 85,113.15 $977,812.50 $992,187.50 $1,100,000.00 $1,001,140.00 $1,000,000.00 $1,000,000.00 $1,1oa,ooo.oo $1,000,000.00 $67,533.97 $64,445.79 $69,055.56 $63,639.21 TREASURY NOTE 03-May-07 15-May-08 4.820 4.839 856,640.63 $856,640.63 $850,000.00 $42,756.81 ~x ,,, City of Co I I eyv i l l e Colley0011e, Texas 76034 ~` ~~., ~ (817) 503-1000 ~~~~~~ Agenda Briefing vvww•colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 05/20/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-4 Final Action: Secretary File Name: Discussion of the May 20, 2008 City Council regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 05/20/2008 City Council Title Discussion of the May 20, 2008 City Council regular agenda items City of Colleyville Page 1 Printed on 5h4/2008 ~+ ~'+ 100 Main Street ~~~~,~~~~_ v City Of Co~~eyvi~~e Colleyville, Texas 76034 (817) 503-1000 Agenda Briefing www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 05/20/2008 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -May 20, 2008 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 05/20/2008 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. 551.074 -Personnel -Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 -Economic Development -Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City City of Colleyville Page 1 Printed on 5/15/2008 RESOLUTION R-08-2968 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF May 20, 2008 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor n ..r ~ ~ _ City of Colleyville Colley0v0~i1 eaTexas 76034 ~ { ~ f~ (817) 503-1000 r'"'" Agenda Briefing ~~colleyville.com File Number: File Type: Presentation or Proclamation Version: 1 Agenda Date: 05/20/2008 Requester: Office of the City Agenda No.: 3 Secretary File Name: Presentations and Proclamations -May 20, 2008 Attachments: National Public Works Week Proclamation .pdf History of Legislative File Status: Presentations or Proclamations Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 05/20/2008 City Council Title Proclamation National Public Works Week May 18 - 24, 2008 - Steve Chutchian, Director of Public Works, Kelly Howell, Operations Manager, Ken Tywater, Utility Superintendent, James Watkins, Public Works ROAD-E-O Coordinator City of Colleyville Page 1 Printed on 5/14/2008 rocr~n~~ction Colleyville, Texas WHEREAS: The American Public Works Association has announced the theme of Public Works: The Future Is Now, for the 2008 recognition of National Public Works Week; and WHEREAS, Public Works services provided in the City of Colleyville are an integral part of our citizen's everyday lives; and WHEREAS, the support and understanding of an informed citizenry is vital to the efficient operation of public works systems and programs such as water, wastewater, streets, drainage and fleet maintenance; and WHEREAS, the health, safety and comfort of all citizens of Colleyville greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction are vitally dependent upon the efforts and skills of public works employees; and WHEREAS, the employees of the City of Colleyville Public Works Department are educated, trained and committed professionals. NOW, THEREFORE, I DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, do hereby proclaim the week of May 18 - 24, 2008, as: NATIONAL PUBLIC WORKS WEEK in the City of Colleyville, and call upon all citizens to recognize the contributions our public works employees make every day to our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, affixed this 20th day of May 2008. ~ . , ~-- Mayor ~~' Ilc~ ~,..,,, _ ..~ ~: ~iisr-- ~ is Y'. "=t, rk , Yo-- r.vb;.° -. ~. RESOLUTION R-08-2969 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF MAY 20, 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 May 6, 2008 b. Approval of a Preliminary Plat of 6.4 acres on Tract 3B of Abstract 1543 in the George W. Teeter Survey for Carmel Place Estates Addition located at 1301 Glade Road, Case P-08-015 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 e~ r,•...,. City Council 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Tuesday, May 6, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 6, 2008, at 5:31 p.m. Mayor Kelly wished Interim Fire Chief Russell Shelley a happy birthday. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Interim Fire Chief Russell Shelley, Interim Economic Development Manager Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Coordinator Ron Ruthven, Lieutenant Rodney Cunningham, Building Official Bill Elliott, City Engineer Chad Bartee, Human Resources Manager Elise Welborn, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 5:50 p.m. PC-1 Discussion of the Sidewalks and Trails construction requirements City Engineer Chad Bartee provided an overview of sidewalk and trail construction requirements and proposed recommendations for trails and sidewalks. Discussion ensued regarding the criteria for new development and redevelopment of sidewalks and trails for the overall benefit and public safety of citizens, the method of identifying the areas and the process for financing construction of sidewalks and trails. It was determined the Colleyville Trails and Sidewalks Committee would identify potential areas for construction or redevelopment of sidewalks and trails and present the Plan to City Council. PC-2 Discussion of amendments to Real Estate Open House Sign Regulations Community Development Coordinator Ron Ruthven presented the proposed amendments to real estate Open House Sign Regulations, City of Colleyville Page 1 Printed on 5/15/2008 City Council City Council Minutes -Draft May 6, 2008 stated staff met with area realtors to obtain input and explained the proposed amendments were in response to citizen complaints. Discussion ensued regarding the method of enforcement of the proposed policy and the permissible timeframe signs are allowed to be displayed. Mayor Pro Tem Ayers proposed the Open House Sign Regulations allow signs to be displayed between midnight Friday and midnight Sunday. PC-3 Discussion of vehicle sign set back from street right-of-way Community Development Coordinator Ron Ruthven provided an overview of proposed amendments to the Land Development Code-Sign Regulations regarding prohibiting signs on vehicles parked within 40 feet of a public right-of-way and stated staff recommends the repeal of this section of the Code, except for hand painted or temporarily affixed signs. Discussion ensued regarding the ability to enforce the law and the advanced graphic sign technology for cars. City Council determined the section of the Land Development Code-Sign Regulations regarding vehicle sign set back from street right-of-way should be presented to City Council for consideration of repeal. PC-4 Discussion of health insurance renewal and bid process Human Resources Manager Elise Welborn provided an overview of the proposed insurance renewal and bid process, the United Healthcare estimated increase and stated staff recommends discussions with United Healthcare to establish a lower rate. City Council determined discussions should continue with United Healthcare to establish a competitive insurance rate and staff will provide an update during the May 20, 2008 Pre Council meeting. Ms. Dee Beasley-Hayden, Brinson Benefits, provided information regarding the process for establishing a competitive insurance rate. PC-5 Presentation by Tarrant Regional Transportation Coalition (TRTC) regarding transportation issues Mr. Vic Suhm of Tarrant Regional Transportation Coalition (TRTC) presented information regarding the Metropolitan Mobility Plan and answered questions of the City Council. City of Colleyville Page 2 Printed on 5/15/2008 City Council City Council Minutes -Draft May 6, 2008 City Council requested Mr. Suhm present the Plan to the Commuter Rail Committee. PC-6 Discussion of the May 6, 2008 City Council regular agenda items There was general discussion regarding Consent Agenda item 4m related to the use and safety of well water, Consent Agenda item 4j related to the selection of an Auditing Firm and Agenda item 6b related to the process for approval of future requests for modification of parallel parking. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 7:05 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on May 6, 2008, at 7:06 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Interim Fire Chief Russell Shelley, Fire Marshal Robert McKeown, Interim Economic Development Manager Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Coordinator Ron Ruthven, Lieutenant Rodney Cunningham, City Engineer Chad Bartee, City Planner Justin Bass, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raman Chandler v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville City of Colleyville Page 3 Printed on 5/15/2008 City Council City Council Minutes -Draft May 6, 2008 Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) 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 7:07 p.m. and reconvened at 7:36 p.m. INVOCATION: Pastor Ricky Texada, Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION -RESOLUTION R-08-2965 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Wollin announced the judges from the America In Bloom National Beautification Program and Contest visited Colleyville to judge the City on beautification and environmental efforts. She further stated the City was judged in eight different areas: tidiness, community involvement, urban forestry, heritage, floral displays, landscape, environmental awareness and turf and ground cover areas. Councilmember Wollin commended Parks and Recreation Director Monica Walsh and the Parks and Recreation Department staff for coordinating the events and also commended Utility Supervisor Don Baker and Utility Superintendent Ken Tywater for preparing the tour route and serving as driver and navigator for the judges. Councilmember Wollin stated she had the opportunity to serve as a tour guide for the judges and commended the outstanding effort, community involvement and cooperation among citizens, businesses and municipal government to beautify the City. She reported the results of the contest will be announced in October. City of Colleyville Page 4 Printed on 5/15/2008 City Council City Council Minutes -Draft May 6, 2008 Mayor Kelly commended City employees for their efforts and participation in the America In Bloom contest. 4. 4a 4b 4c 4d Approval of the minutes of the regular City Council meeting held on April 15, 2008 Approval of the minutes of the Joint City Council and Planning and Zoning Commission held on April 7, 2008 Approval of the minutes of the Joint City Council and Commuter Rail Committee meeting held on April 22, 2008 Approval of a construction contract with Viking Construction, Inc., for the Micro Resurfacing of various streets in the Brighton Oaks Subdivision, in Mayor Kelly announced the City held the Colleyville Clean Sweep and Live Green Festival on April 26, 2008, and commended Assistant City Manager Kelly Cooper and staff for coordination of and participation in the successful event and stated the Festival will join the Clean Sweep as an annual event. Mayor Kelly expressed appreciation to Mr. David Bagwell and The Bagwell Company for planting 22 trees in the City of Colleyville and giving away over 700 trees to Colleyville Middle School in celebration of Arbor Day. Mayor Kelly expressed appreciation to Donna and Kirk Kauffman of Unique Landscapes, who donated 250 trees to the City to distribute to Colleyville citizens during the Live Green celebration. Mayor Kelly encouraged citizens to vote in the Grapevine-Colleyville Independent School District Election on May 10, 2008 at Bransford Elementary. Mayor Kelly announced The Blue Shoe Project is hosting a Blues Festival at The Village on May 10, 2008 from 2:00 to 9:00 p.m. Mayor Kelly announced the City has been designated as a Tree City USA for the 10th year by the National Arbor Day Foundation. Councilmember Taylor commended City staff and citizens for a well orchestrated America in Bloom event. Councilmember Hendler announced the National Day of Prayer event at the Colleyville Center was an outstanding event. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2966 City of Colleyville Page 5 Printed on SN5/2008 City Council City Council Minutes -Draft May 6, 2008 the amount of $100,167.94, and authorize the City Manager to execute the contract 4e Approval of a construction contract with Premier Paving, Ltd., for the 2008 Street Resurfacing Improvement Project, in the amount of $189,144.78, and authorize the City Manager to execute the contract 4f Approval of a construction contract with Skyline Excavation, for the Felps Drive Drainage and Waterline Improvement Project, in the amount of $194,853.70, and authorize the City Manager to execute the contract 4g Approval of a construction contract with Gilco Contracting, Inc., for the Bogart Drive Paving and Drainage Improvement Project, in the amount of $1,318,780.96, and authorize the City Manager to execute the contract 4h Approval of Broker/Dealer firms for investment purchases 4i Approval to enter into an agreement with Beeler Guest Owens Architects (BGO) for master planning and design standards for a commercial redevelopment and overlay project, in the amount of $62,639.50, and authorize the City Manager to execute the agreement 4j Approval of a contract with Patillo, Brown, and Hill L.L.P. for auditing services for Fiscal Year ended September 30, 2008 in the amount of $39,975.00 4k Approval of a donation of trees from David Bagwell Company 41 Approval of a purchase agreement with CRW Systems for development and building permit software in the amount of $165,000.00 and for the purchase of an Interactive Response System (IVR) from Selectron Technologies in the amount of $55,000.00, and authorizing the City Manager to execute the agreements 4m Approval of a waiver of the water well drilling requirements located at 5205 Montclair Drive Mayor Kelly read Resolution R-08-2966 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-08-2966. City of Colleyville Page 6 Prinfed on 5/15/2008 City Council City Council Minutes -Draft May 6, 2008 Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor City Manager Bill Lindley stated the Bogart Street section roadwork will begin in two weeks and the project will be completed prior to school beginning. 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1672 Approval of a request for a zoning change from AG-Agricultural and R40-Single Family Residential to PUDR-Planned Unit Development Residential on 18.2 acres being Lot 1, Block 1 of the River Valley Ranch Addition and Lots 1A and 1 B, Block 1 of the Tate Addition located at 1200 Murphy Road and 8600 to 8612 Precinct Line Road, Case Z-08-008 Mayor Kelly read the caption of Ordinance 0-08-1672. Community Development Coordinator Ron Ruthven provided information regarding the location, height and material specifications of the screening wall. 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 0-08-1672. Mayor Pro Tem Ayers seconded the motion. Mayor Kelly made a friendly amendment that an eight foot cedar board fence will be constructed along the entire eastern boundary of the development in compliance with Exhibit "A" Fence Detail and in compliance with the Land Development Code. Mayor Pro Tem Ayers accepted the friendly amendment. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 7 Printed on 5/15/2008 City Council City Council Minutes -Draft May 6, 2008 5b 0-08-1673 Approval of a request for a Special Use Permit for a telecommunications tower on Tract 1A of Abstract 1077 and Tract 5A1A of Abstract 339 of the L.L. McLain Survey located at 3816 Bedford Court, Case Z-08-010 Mayor Kelly read the caption of Ordinance 0-08-1673. Mayor Kelly opened the public hearing. Ms. Lisa Campbell, 1620 Handley Street, Dallas, Texas, representing Verizon Wireless, stated the color of the telecommunications tower is austere gray and the north antennae will service 911 calls from the City of Colleyville and reviewed the coverage maps. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the quality of transmission and the ability to answer 911 calls. Mayor Pro Tem Ayers moved to approve Ordinance 0-08-1673. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5c 0-08-1674 Consideration of an amendment to the Master Thoroughfare Plan to add Lavaca Trail and Murphy Road, Case G-08-014 Mayor Kelly read the caption of Ordinance 0-08-1674. 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 Wollin moved to approve Ordinance 0-08-1674. Councilmember Licata seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 8 Printed on 5/15/2008 City Council City Council Minutes -Draft May 6, 2008 5d 0-08-1675 Approval of a request for an amendment to the PUDC-Planned Unit Development Commercial zoning district regulations for the Winding Creek Addition located in the 6500 block of Colleyville Boulevard, Case Z-08-012 Mayor Kelly read the caption of Ordinance 0-08-1675. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Hart moved to approve Ordinance 0-08-1675. Councilmember Hendler seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5e 0-08-1676 Amending Ordinance 0-07-1639 the Fiscal Year 2008 (FY2008) budget of the Colleyville Economic Development Corporation Mayor Kelly read the caption of Ordinance 0-08-1676. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Licata moved to approve Ordinance 0-08-1676. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5f 0-08-1677 Approval of an amendment to the Colleyville Code of Ordinances Chapter 42, Section 42-31(b) Ordinance 0-98-1101 regarding "Prohibition" (e.g. maximum height of weed, grass or uncultivated plants), Case G-08-017 Mayor Kelly read the caption of Ordinance 0-08-1677. City of Colleyville Page 9 Printed on 5/15/2008 City Council City Council Minutes -Draft May 6, 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. Discussion ensued regarding the requirements for large agricultural tracts, which exceed five acres. Councilmember Taylor moved to approve Ordinance 0-08-1677. Mayor Kelly seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 5g 0-08-1678 Consideration of an amendment to the Colleyville Code of Ordinances Chapter 2, Section 2-26(g) Ordinance 0-92-880 regarding the weed mowing notification fee, Case G-08-018 Mayor Kelly read the caption of Ordinance 0-08-1678. 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 Wollin moved to approve Ordinance 0-08-1678. Councilmember Hendler seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1679 Approval of an amendment to Ordinance 0-04-1485 regarding Section 18-23 of Chapter 18-Buildings and Building Regulations, Case G-08-012 Mayor Kelly read the caption of Ordinance 0-08-1679. City of Colleyville Page 10 Printed on 5/15/2008 City Council City Council Minutes -Draft May 6, 2008 Community Development Coordinator Ron Ruthven provided an overview of the proposed amendment regarding building reinspection fees and answered questions of the City Council. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the criteria for determining the proposed fees. City Council requested staff provide the number of inspections and reinspections per day in the City of Colleyville. 6b 0-08-1680 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Village at Colleyville Addition, Case Z-08-014 Mayor Kelly read the caption of Ordinance 0-08-1680. Community Development Coordinator Ron Ruthven provided an overview of the proposed amendment of the PUDR, related to public parking and stated the Planning and Zoning Commission recommends denial and staff recommends approval subject to the median being removed to allow fora 24 foot unobstructed fire lane. Mayor Kelly opened the public hearing. Mr. Jimmie Archie, Realty Capital Corporation, 74 Casa Lane, provided an overview of the current configuration of parking in the Village and the proposed configuration and answered questions of the City Council. Mr. John Horobec, 1805 Glade Road, spoke in favor of the proposed ordinance. Mr. Michael Tamer, 77 Plazza Lane, spoke in favor of the proposed ordinance. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City Manager Bill Lindley provided information related to emergency vehicle and ladder truck access and potential obstruction by tree canopies. Fire Marshal Rob McKeown stated Option 2 is acceptable to staff. City of Colleyville Page 11 Prinfed on 5/15/2008 City Council City Council Minutes -Draft May 6, 2008 Discussion ensued regarding obstacles to fire fighting, the benefits of removing trees and additional parking and future plans for parking in the Village at Colleyville. City Council requested the applicant provide a parking plan for the Village at Colleyville. 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Carin Prickett, 2703 Jackson Court, spoke regarding speeding and line of sight safety issues on Jackson Road and requested the City Council review the intersection for improvements. Mayor Kelly requested staff provide Ms. Prickett an update regarding discussions held with homeowner associations related to Jackson Road. 8. REPORTS: Historical Preservation Committee Minutes -January 10, 2008 Parks and Recreation Advisory Board Minutes -February 4, 2008 Sign Board of Appeals Minutes -February 12, 2008 Library Board Minutes -March 10, 2008 Zoning Board of Adjustment Minutes -March 13, 2008 Senior Center Advisory Committee Minutes -March 20, 2008 Planning and Zoning Commission Minutes -March 24, 2008 Planning and Zoning Commission Minutes -April 14, 2008 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MAY 6, 2008 - Reading and Public Hearing -Resolution R-08-2967 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Hart seconded the motion. City of Colleyville Page 12 Printed on 5/15/2008 City Council City Council Minutes -Draft May 6, 2008 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 9:07 p.m. APPROVED BY A VOTE OF AYES, ABSTENTIONS ON THIS THE DAY OF Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary NAYS AND _ 2008. City of Colleyville Page 13 Printed on 5/15/2008 Il ~~~ ('~ Clt 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: Resolution Status: Consent Agenda Version: 1 Requester: Community Development Department Agenda Date: 05/20/2008 Agenda No.: 4b Controlling Body: City Council Final Action: File Name: Approval of a Preliminary Plat of 6.4 acres on Tract 36 of Abstract 1543 in the George W. Teeter Survey for Carmel Place Estates Addition located at 1301 Glade Road, Case P-08-015 Attachments: Location and Zoning Map Plat Exhibit History of Legislative File Version: Date: Acting Body: Action Text: 1 04/28/2008 Planning and Zoning Commission 1 05/20/2008 City Council Title Approval of a Preliminary Plat of 6.4 acres on Tract 3B of Abstract 1543 in the George W. Teeter Survey for Carmel Place Estates Addition located at 1301 Glade Road, Case P-08-015 Explanation Reading and Public Hearing Rafael Palmeiro is the developer of 6.4 acres located on the south side of Glade Road, south of Riverwalk Drive. The developer has submitted a preliminary plat, which will subdivide the property into nine residential lots and two open space lots, for the construction of single family residential detached dwelling units. The following is an analysis of the issues associated with this preliminary plat. Zoning. A rezoning request for PUDR-Planned Unit Development Residential zoning district was approved on March 4, 2008 with Ordinance 0-08-1659. The zoning requirements stated in Ordinance 0-08-1659 include single family detached residential as the primary use with a maximum density of 1.4 dwelling units per acre. The minimum lot size is 20,000 square feet. The minimum lot width is 100 feet, except for cul-de-sac lots which shall be a minimum 83 feet. Open Space. The PUDR ordinance for the property requires a minimum of 15 percent of the total development as open space. The open space areas include two ponds. All of the open spaces will be landscaped and maintained by the Homeowner's Association (HOA). City of Colleyville Page 1 Printed on 5/13/2008 Agenda Briefing Continued Access. The development will have access from Glade Road to the newly created street, Carmel Place. The new street serving this development will contain a minimum of 40 feet of right-of-way width and a minimum of 31 feet of pavement width, measured from curb-back to curb-back. All homes constructed in the development will be installed with a fire suppression sprinkler system approved by the Fire Marshal. Sidewalks and Trails. The Land Development Code requires sidewalks on all public streets. A minimum five-foot wide sidewalk and utility easement will be located along both sides of the new street serving the development and installed when any new structures are built on the property. A minimum five-foot wide sidewalk is required along Glade Road. Drainage. The developer has submitted a drainage analysis of the site, which has been reviewed and accepted by the City of Colleyville Engineering Department. According to the drainage analysis, the development will provide on-site retention. Parkland Dedication Fees. Parkland dedication fees are required in the amount of $1,802.00 per residential lot for the nine lots where new homes are proposed. Parkland dedication fees are due at the time of final plat. The fee must be paid before the plat is recorded with the County Clerk's office. Perimeter Street Improvement Requirements. Perimeter street improvement fees are due at the time of approval of the final plat for Glade Road. Perimeter street improvements are required since Glade Road is considered an unimproved street. Signage. A sign identifying the development will be built at the southwest corner of the entry to the subdivision as shown in the PUDR ordinance. The sign must meet the requirements of the Land Development Code and shall not be located within any street rig ht-of-way. Screening. All lots backing to open space areas shall contain fencing that consists of decorative metal and/or masonry. A six (6) foot wrought-iron fence will be constructed along the entire western property line of the development. A masonry or stone retaining wall will be constructed and where applicable, replace any existing retaining wall structure or material along the creek prior to the acceptance of final public improvements by the Engineering Department. The wall must be approved by, and meet the specifications of, the Engineering Department. Landscaping and Tree Preservation. Landscaping and tree preservation along Glade Road will conform to the specifications and depictions as shown in the PUDR ordinance which includes planting a minimum of eight trees with a minimum width of three caliper inches and preserving a minimum of five existing trees. A minimum of two (2) three-inch caliper trees will be planted within the front yard of each lot by the homebuilder upon construction of a new home. Trees not located within the right-of-way, easements or within the pad site must be preserved during construction. Before construction begins on the site, protective fencing must be installed around the drip line of all developer identified preserved trees located outside the right-of-way. A preliminary tree survey has been submitted with City of Colleyville Page 2 Printed on 5/13/2008 Agenda Briefing Continued the preliminary plat; however, approval of a tree survey and mitigation plan shall be required prior to the issuance of a Notice to Proceed letter from the Engineering Department. Within 60 days of the certificate of occupancy being issued, all lots must be fully irrigated. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the preliminary plat at the April 28, 2008 meeting by a vote of 4-2. Summary. The proposed development satisfies the requirements of the PUDR ordinance for the property and the Land Development Code. Since the plat contains more than four lots, the preliminary plat requires additional approval by City Council. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 5/13/2008 Location and Zoning Map ~ 110 111 1fi1 112 ° 1312 -- 1308 I ~#~ R-~'~ 141 11E 1120 p~QR 1300 304 ~ 12 017 .108 1112 ; 120 . ~ ifs. _/'~ 1303 1313 4712 Plat Exhibit ~, 1~ f ~ 6 ~ ~ ~_. ~ ~ ~ ~ ~~~ t ~ f ~i ~~ ~~~ ~~ '~ ~ 0 ~~~ ~ s ~ 4 ~ ~ ~~~~ aWb~ ~~ '.~ ~ ~ ~ ! ~ V U b `~ yy iLOR '~.an'Cd~ •. 'J HQ ~~ ~~ ~ ~ ~ ~ .u ~ ; ~ ~ I ~ ~ ~ ~ $ ~I~ W ~'~~ Gh~ F 3.°. I ~~ ~~:~ ~~n ~~` ~Yj~~ ~~ ,~, ~~~ ~';i° ~~~~~ ~~~ ~t ~~ ~~ ~i~~~ ~9E ~ ~~~~~i ~~~~ ~~ ~ ~ ~~~; ~i3~ x a <~ ~~~ a~ ~~° ~, ~II A >_ ~; ~i ~ .1.1 ' r, m L` .. ~q ~~, r -'~ 100 Main Street (~ ~ City of Colleyville Coll 8117) 03X1000034 ~! °~~~~ ~ Agenda Briefing www•colleyville.com File Number: 0-08-1679 File Number: 0-08-1679 File Type: Ordinance Status: Second Reading Version: 1 Requester: Community Development Department Agenda Date: 05/20/2008 Agenda No.: 5a Controlling Body: City Council Final Action: File Name: Approval of an amendment to Ordinance 0-04-1485 regarding Section 18-23 of Chapter 18-Buildings and Building Regulations, Case G-08-012 Attachments: City Reinspection Fee Comparison Table Ordinance 0-08-1679 History of Legislative File Version: Date: Acting Body: Action Text: 05/06/2008 City Council 05/20/2008 City Council Title Approval of an amendment to Ordinance 0-04-1485 regarding Section 18-23 of Chapter 18-Buildings and Building Regulations, Case G-08-012 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the May 6, 2008 meeting. Following City Council discussion, staff was directed to research the number of total reinspections performed by the City. From January 1 through December 31, 2007, seven reinspection fees were collected. For the period January 1 through April 30, 2008, six reinspection fees have been collected. First Reading and Public Hearing Reinspection fees are an integral part of the fee schedule for most city building inspection departments. Reinspection fees serve as a means to reimburse the City for the costs required to reinspect an item that failed inspection and as a financial deterrent to insure the first inspection is approved. In the case of the City of Colleyville, reinspection fees may be accessed for each inspection, or reinspection, when the portion of work for which inspection is called for is not complete or when corrections called for are not made. Reinspection fees may also be assessed when: (1) the inspection record card is not posted, or otherwise not available on the work site, (2) the approved plans are not readily available to the inspector, (3) failure to provide access on the date for which inspection is requested, or (4) for deviating from plans requiring the approval of the building official. City of Colleyville Page 1 Printed on 5/16/2008 Agenda Briefing Continued (0-08-1679) The scheduling and performance of a reinspection is based on direct costs to the City. The Building Inspections department currently charges $49.50 for a reinspection of an electrical, mechanical and plumbing permit and $47.00 for a reinspection of a building permit. As the actual cost of performing a reinspection has increased and the purpose of this fee is to deter building contractors from prematurely scheduling an inspection, staff is proposing to consolidate all reinspection fees under a single, uniform fee with the proposed single fee being increased to $75.00 for an initial reinspection and $125.00 for any additional reinspections. The attached table lists the current building permit reinspection fees charged by other area cities. Financial Impact It has been determined that the projected increase in revenue if the amendments are adopted, will be minimal. Recommendation Approval City of Colleyville Page 2 Printed on 5h8/2008 City Re-Inspection Fee Comparison Table Surveyed City North Richland Hills 1st Re-Inspection Fee $33.00 2nd Re-Inspection Fee $64.00 3rd Re-Inspection Fee $107.00 Euless $47.00 $47.00 $47.00 Bedford $60.00 $60.00 $60.00 Hurst $47.00 $47.00 $47.00 Keller $45.00 $45.00 $45.00 Gra evine $42.00 $42.00 $42.00 South/ake $50.00 $100.00 $100.00 Colle ille -Current $47.00 $47.00 $47.00 Colle ille -Pro osed $75.00 $125.00 $125.00 Fees shown are for building permit re-inspections and may not include separate re-inspection fees for plumbing, mechanical or electrical permits. ORDINANCE 0-08-1679 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 18 -BUILDINGS AND BUILDING REGULATIONS, ARTICLE II -BUILDING CODE, DIVISION 6 -PERMITS, SECTION 18-23(f) -PERMIT FEES OF THE CODE OF ORDINANCES OF THE CITY OF COLLEYVILLE, TEXAS TO CHANGE THE REINSPECTION FEES CHARGED BY THE CITY OF COLLEYVILLE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville sets the fees for reinspections as authorized by Chapter 18 -Buildings and Building Regulations, Article II -Building Code, Division 6 -Permits, Section 18-23(f) -Permit Fees in the Colleyville Code of Ordinances; 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 Chapter 18 -Buildings and Building Regulations, Article II - Building Code, Division 6 -Permits, Section 18-23(f) -Permit Fees in the Colleyville Code of Ordinances of the City of Colleyville, Texas, is hereby amended to read as follows: Section 18-23 (f) Reinspection fees. If the code official is required to make a reinspection, the following fees shall apply: (1) The first reinspection fee shall be $75.00; (2) The second, and any subsequent, reinspection fee shall be $125.00. Failure to pay such charges as provided in this code may result in the forfeiture of the right of such contractor to obtain other permits until such charges are paid. Sec. 2. 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. 3. THAT the effective date of this ordinance shall be immediate upon its passage. Ordinance 0-08-1679 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney r~`'~. 100 Main Street (''~,~ " ,~ City of Colleyville Coll 8117) 03X1000034 l~ ~~~~~~" Agenda Briefing ~•colleyville.com File Number: 0-08-1680 File Number: 0-08-1680 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 05/20/2008 Agenda No.: 5b Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Village at Colleyville Addition, Case Z-08-014 Attachments: Location and Zoning Map Notification List Correspondence Received Applicant's Letter of Appeal to City Council Applicant's Revised Request Area Map Main Street 45 Degree Parking Village at Colleyville Ordinance 0-08-1680 History of Legislative File Version: Date: Acting Body: Action Text: 1 04/14/2008 Planning and Zoning Commission 1 05/06/2008 City Council 1 05/20/2008 City Council Title Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Village at Colleyville Addition, Case Z-08-014 Explanation Second Reading and Public Hearing There were two speakers who spoke in favor of this request at the May 6, 2008 meeting. Update The applicant has submitted a revised exhibit showing 45 degree angled on-street parking on Main Street between Village Lane and Pleasant Run Road. The proposed 45 degree angled parking dimensions and spacing shown on the revised exhibit provided by the applicant meet the parking requirements of the Land Development Code with regard to space size and aisle drive width. The proposed drive aisle width will remain at the current and previously proposed width of 14 feet and the median will be removed leaving a total unobstructed pavement width of 28 feet between the parking spaces along both sides of the street. City of Colleyville Page 1 Printed on 5/14/2008 Aaenda Briefing Continued (0-08-1680) Given the removal of the median along the portion of Main Street between Pleasant Run Road and Village Lane, the City Council may wish to examine, at a future date, the removal of the remaining medians along Main Street between City Hall and Colleyville Boulevard. Should the City, either at the behest of the applicant or by initiative of the City Council, seek to remove the remaining medians along Main Street in the future, with no alterations to existing on-street parking, the PUDC ordinance for the Village at Colleyville would not require an amendment. The revised 45 degree angled exhibit shows 44 parking spaces, up from the 34 spaces proposed with the 30 degree parking and the existing 23 parallel parking spaces. Staff, including the Fire Marshal, supports the revised request to realign the on-street parking to 45 degrees. The draft ordinance has been updated to approve the addition of 45 degree on-street parking subject to the following conditions: (1) the median on Main Street be removed between Pleasant Run Road and Village Lane; (2) the proposed parking changes must meet the minimum design requirements of Section 3.29.1 in the Land Development Code; (3) that no spaces be allowed where vehicles may back into a street intersection; (4) any trees removed as part of removing the median be replanted or mitigated per the requirements of Chapter 5 of the Land Development Code. First Reading and Public Hearing Mr. Jimmy Archie submitted a request to amend Ordinance 0-06-1560, which allows a PUDC-Planned Unit Development Commercial zoning district for The Village at Colleyville development in order to change the on-street parking alignment along both sides of Main Street between Pleasant Run Road and Village Lane. Existing Parking Requirements. Section 11 of Ordinance 0-06-1560 regulates public parking in The Village at Colleyville and states the following: "Public parking lots and parallel parking spaces shall be located as shown on the attached Exhibit "E" (The Conceptual Site Plan). All public parking shall be free of charge. Overnight parking shall be allowed. Any modification to the current configuration of parallel parking shall be approved specifically by site plan approval by the Council." There are currently 23 existing parallel parking spaces along both sides of Main Street between Village Lane and Pleasant Run Road allowed under Ordinance 0-06-1560. Proposed Parking Amendment The applicant is proposing to change the on-street parking alignment on both sides of Main Street between Pleasant Run Road and Village Lane from parallel parking to 30 degree angled parking. If approved, this would change the total on-street parking spaces along this portion of Main Street from 23 spaces to 34 spaces. The applicant originally requested 45 degree angled parking but revised his request to 30 degree angled parking just before the Planning and Zoning Commission meeting on April 14, 2008. City of Colleyville Page 2 Printed on 5/14/2008 Agenda Briefing Continued (0-08-1680) The proposed angled parking dimensions and spacing shown on the attached parking plan provided by the applicant meet the parking requirements of the Land Development Code with regard to space size and aisle drive width. The proposed drive aisle width will remain at the current width of 14 feet and the median width is proposed to be reduced from 22 feet to 4.4 feet and is proposed to be landscaped with trees. The applicant is requesting the change to allow more close proximity parking for existing and proposed businesses within The Village at Colleyville development. Two new buildings are under construction at 37 Main Street and 35 Veranda Lane. The new building at 37 Main Street is immediately adjacent to the proposed parking request and the new building at 35 Veranda Lane is within a half block of the part of Main Street in question. Fire Department Concerns. The Fire Department recommends that, if the parking change is to be approved, the tree-lined median be removed completely from Main Street along the area in question in order to allow a fire truck to have enough room to unload fire equipment in the event of a fire emergency. The Land Development Code requires a minimum of 31 feet of pavement width for public streets and minimum of 24 feet of pavement width for a fire lane on private property. PUDC Ordinance 0-02-1337.4 for the Village allows 12 foot, 18 foot and 24 foot aisle (pavement) widths within street corridors in the Village. Many mixed use, "European" style developments built around the country containing a character similar to the Village contain pavement widths that are below 24 feet. The Fire Marshal is primarily concerned with the proximity to the proposed trees that would be planted in the median under the proposed parking realignment. Currently, the existing trees found within the 22 foot median on Main Street between Pleasant Run Road and Village Lane, are no closer than four feet to the edge of the pavement. As proposed, the trees planted in the new median as proposed by the applicant, would be two feet from the edge of pavement on either side of the median and would only get closer as the trees grow. The close proximity of these trees to the edge of the pavement would create a potential impediment for the Fire Department to efficiently address a fire emergency along this portion of Main Street. If the median were removed as part of this request, there would be 32.4 feet of unobstructed pavement width for 30 degree angled parking and 27.5 feet of pavement width for 45 degree angled parking on Main Street between Pleasant Run Road and Village Lane. The applicant has requested that the median remain in order to maintain trees within the street median for aesthetic reasons. Staff agrees with the Fire Department's request to remove the tree-lined median as part of this request. Tree Mitigation. Given the applicant's intention to leave a 4.4 foot median, he stated that any trees removed during the parking realignment would be planted in the reduced median. Staff recommends that any trees removed from the existing median be replanted elsewhere within the Village or be mitigated per the requirements of Chapter 5 -Tree Preservation in the Land Development Code. Master Plan. The Colleyville Plan designates the subject properties for retail uses. City of Colleyville Page 3 Printed on 5/14/2008 Agenda Brief-np Continued (0-08-1680) Surrounding Properties. The surrounding properties along Main Street between Pleasant Run Road and Village Lane consist of office and retail uses. Anew building is under construction at 37 Main Street. Public Notification. Staff mailed notices to 181 property owners adjacent to, and within, The Village at Colleyville development. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received two letters supporting the request with one of the letters opposing the removal of the landscaped median. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended denial of the request at the April 14, 2008, meeting by a vote of 5-1. 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. The applicant has addressed staff's concerns with the 30 degree angled parking request by removing the median and realinging the parking to 45 degree angled parking. Staff supports the revised request to realign the on-street parking to 45 degrees subject to: (1) the median on Main Street be removed between Pleasant Run Road and Village Lane; (2) the proposed parking changes must meet the minimum design requirements of Section 3.29.1 in the Land Development Code; (3) that no spaces be allowed where vehicles may back into a street intersection; (4) any trees removed as part of removing the median be replanted or mitigated per the requirements of Chapter 5 of the Land Development Code. These provisions have been added to the draft ordinance amending Ordinance 0-06-1560. Financial Impact It has been determined that there is no financial impact. Recommendation Approval with the conditions stated in the draft ordinance. 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I 5[iC~ ~Up9 a9oa '`~~~ ' a ~~ ~~ V-~ ~.. ~ inn., ; - ~U00 ~5001; ~~ Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Colleyville, City Of 100 Main St Colleyville TX 76034 5201 Bransford Rd Hart, Kay Lynn Foster 5301 Pleasant Run Rd Colleyville TX 76034 5301 Pleasant Run Rd Brothers, Lloyd PO Box 45 Colleyville TX 76034 5310 Pleasant Run Rd Figueroa, Robert & Beverley 817 Central Dr Colleyville TX 76034 817 Central Dr Groffman, Steven Etux Beth 815 Central Dr Colleyville TX 76034 815 Central Dr Gable, Michael & M A Smith 813 Central Dr Colleyville TX 76034 813 Central Dr Young, Catherine Sue 811 Central Dr Colleyville TX 76034 811 Central Dr Banks, James Etux Julia 715 Central Dr Colleyville TX 76034 715 Central Dr Turner, Christine 713 Central Dr Colleyville TX 76034 713 Central Dr Haley, Jason B Etux Kimberly K 711 Central Dr Colleyville TX 76034 711 Central Dr Hudson, Keith Carroll PO Box 1227 Colleyville TX 76034 Colleyville Blvd Horobec, John 1404 W Irving Blvd Irving TX 75061 5300 Pleasant Run Rd Hart, Kay Lynn Foster 5301 Pleasant Run Rd Colleyville TX 76034 5301 Pleasant Run Rd Colleyville Land Investors #1 99 Main St Ste 200 Colleyville TX 76034 5217 Pleasant Run Rd D & V Walker Family Lp #2 Etal 5501 Normandy Dr Colleyville TX 76034 5226 Pleasant Run Rd 5224 Colleyville Ltd 640 S Ayrshire St Crosbyton TX 79322 5224 Colleyville Blvd Colleyville Land Investors #1 99 Main St Ste 200 Colleyville TX 76034 5201 Pleasant Run Rd Colleyville, City Of 100 Main St Colleyville TX 76034 5201 Bransford Rd Village Monticello Prtns Ltd 99 Main St Ste 200 Colleyville TX 76034 14 Main St Nit Investors No 2 Ltd 99 Main St Ste 200 Colleyville TX 76034 5204 Colleyville Blvd Davidson, Charles 22 Rhapsody Bend Dr The Woodlands TX 77382 5200 Colleyville Blvd Adams, Anne Marie PO Box 337 Colleyville TX 76034 Colleyville Blvd Colleyville, City Of 100 Main St Colleyville TX 76034 5109 Bransford Rd Gibson, Norman C Etux Doris A 113 Timberline Dr S Colleyville TX 76034 5117 Colleyville Blvd Applebee's Of Texas Inc 4551 W 107Th St Ste 100 Overland Park KS 66207 5150 Colleyville Blvd Village Monticello Prtns Ltd 99 Main St Ste 200 Colleyville TX 76034 13 Main St Mitcham, Carl D & Brian C PO Box 983 Colleyville TX 76034 5121 Thompson Terr Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 85 Piazza Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 85 Piazza Ln Colleyville, City Of 100 Main St Colleyville TX 76034 97 Piazza Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 85 Piazza Ln Pleasant Run Creek Jv 6301 Colleyville Blvd Colleyville TX 76034 5115 Colleyville Blvd McNosky, Anthony T 5108 Pleasant Run Rd Colleyville TX 76034 5108 Pleasant Run Rd Buchwald, Rudolph W III 1309 Ashford Ct Colleyville TX 76034 5105 Colleyville Blvd Mozingo, William L Etux Eoun 5007 Shadowood Rd Colleyville TX 76034 5007 Shadowood Rd Colleyville, City Of 100 Main St Colleyville TX 76034 Shadowood Rd Jpmorgan Chase Bank PO Box 2558 Houston TX 77252 5000 Colleyville Blvd Brown, Richard Etux Kathy 5005 Shadowood Rd Colleyville TX 76034 5005 Shadowood Rd Colleyville, City Of 100 Main St Colleyville TX 76034 5100 Colleyville Blvd Colleyville Plaza 17400 Dallas Pkwy Ste 216 Dallas TX 75287 4904 Colleyville Blvd Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 37 Village Ln Colleyville 5005 Llc 16 Seaview Dr Kingston MA 02364 5005 Colleyville Blvd Colleyville Glade Corp 17400 Dallas Pkwy Ste 216 Dallas TX 75287 4908 Colleyville Blvd Sawyer, Nelle C Tr 5003 Colleyville Blvd Colleyville TX 76034 5003 Colleyville Blvd Silveroak Land Company Lp 5900 E Lancaster Ave Fort Worth TX 76112 34 Veranda Ln # 210 Silveroak Land Company Lp 5900 E Lancaster Ave Fort Worth TX 76112 32 Veranda Ln # 110 Silveroak Land Company Lp 5900 E Lancaster Ave Fort Worth TX 76112 42 Veranda Ln # 110 Silveroak Land Company Lp 5900 E Lancaster Ave Fort Worth TX 76112 44 Veranda Ln Silveroak Land Company Lp 5900 E Lancaster Ave Fort Worth TX 76112 68 Veranda Ln # 610 Pitts, Rex A Etux Melanie A 66 Veranda Ln Colleyville TX 76034 66 Veranda Ln # 510 Notification List Turner, Lori Etvir Joseph 62 Veranda Ln Colleyville TX 76034 62 Veranda Ln # 310 Silveroak Land Company Lp 5900 E Lancaster Ave Fort Worth TX 76112 60 Veranda Ln # 210 Silveroak Land Company Lp 5900 E Lancaster Ave Fort Worth TX 76112 64 Veranda Ln # 410 Henkels, Judith 76 Casa Ln Colleyville TX 76034 76 Casa Ln # 310 Archie, James II Etux Lori 74 Casa Ln Colleyville TX 76034 74 Casa Ln # 210 Bearden, Mark N Etux Paula 72 Casa Ln # 110 Colleyville TX 76034 72 Casa Ln # 110 Silveroak Land Company Lp 5900 E Lancaster Ave Fort Worth TX 76112 82 Casa Ln # 110 Silveroak Land Company Lp 5900 E Lancaster Ave Fort Worth TX 76112 86 Casa Ln # 310 Holtshouser, J L Etux Peggi 84 Casa Ln Colleyville TX 76034 84 Casa Ln # 210 Silveroak Land Company Lp 5900 E Lancaster Ave Fort Worth TX 76112 90 Casa Ln # 110 Bergman, David Etux Virginia 88 Casa Ln # 410 Colleyville TX 76034 88 Casa Ln # 410 Silveroak Land Company Lp 5900 E Lancaster Ave Fort Worth TX 76112 92 Casa Ln # 210 Riley, William Etux Marsha 94 Casa Ln Colleyville TX 76034 94 Casa Ln # 110 Village Monticello Prtns Ltd 99 Main St Ste 200 Colleyville TX 76034 14 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 85 Veranda Ln # 110 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Mission Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Mission Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Mission Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Mission Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Mission Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 85 Veranda Ln # 210 Silveroak Land Company Lp 5900 E Lancaster Ave Fort Worth TX 76112 96 Casa Ln # 210 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 35 Veranda Ln # 110 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 35 Veranda Ln # 310 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 35 Veranda Ln # 210 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 35 Veranda Ln # 410 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 47 Veranda Ln # 210 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 47 Veranda Ln # 110 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 63 Veranda Ln # 110 Colleyville, City Of 100 Main St Colleyville TX 76034 53 Veranda Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 63 Veranda Ln # 210 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 77 Veranda Ln # 110 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 77 Veranda Ln # 210 Lewis, Blair 98 Casa Ln Colleyville TX 76034 98 Casa Ln # 310 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 77 Veranda Ln # 310 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 77 Veranda Ln # 410 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 77 Veranda Ln # 510 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 89 Veranda Ln # 110 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 94 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 26 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 26 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 26 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 26 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 26 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 34 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 34 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 34 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 34 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Main St Merced Partners Lp 2200 Ross Ave Ste 2200 Dallas TX 75201 62 Main St Notification List Hennessey Partners Ltd 1205 Hall Johnson Rd Ste 9 Colleyville TX 76034 62 Main St Village Jv Llc 610 Deforest Ct Coppell TX 75019 76 Main St Village Jv Llc 610 Deforest Ct Coppell TX 75019 76 Main St Village Jv Llc 610 Deforest Ct Coppell TX 75019 76 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000094 Main St #15 210 Village Jv Llc 610 Deforest Ct Coppell TX 75019 76 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 86 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 000094 Main St #15 310 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 94 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Main St G & B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 000075 Main St#28 110 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 23 Main St G & B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 000075 Main St #28 210 Center For Aesthetic Surgery 1307 8Th Ave Ste 410 Fort Worth TX 76104 000075 Main St#28 310 Colleyville, City Of 100 Main St Colleyville TX 76034 84 Piazza Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 33 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 33 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 33 Main St Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 33 Main St Village 55 Main 1St FI Lp 99 Main St Ste 200 Colleyville TX 76034 55 Main St Village 55 Main 1St FI Lp 99 Main St Ste 200 Colleyville TX 76034 55 Main St Village 55 Main 1St FI Lp 99 Main St Ste 200 Colleyville TX 76034 55 Main St Village 55 Main 1St FI Lp 99 Main St Ste 200 Colleyville TX 76034 55 Main St Village 55 Main 1St FI Lp 99 Main St Ste 200 Colleyville TX 76034 55 Main St 5K Properties Llp 11125 E Mariola Way Scottsdale AZ 85262 99 Main St 5K Properties Llp 11125 E Mariola Way Scottsdale AZ 85262 99 Main St Owl's Nest Lp The 3403 Queensbury Way E Colleyville TX 76034 85 Village Ln # 100 G & B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 000088 Village Ln #28 410 Rogers, J Andrew 201 Main St Ste 2500 Fort Worth TX 76102 30 Piazza Ln Atwood, Steve & Dawn 34 Piazza Ln # 37 Colleyville TX 76034 34 Piazza Ln # 37 Village Fine Homes Ltd 99 Main St Ste 2000 Colleyville TX 76034 000038 Piazza Ln#37 312 Colleyville, City Of 100 Main St Colleyville TX 76034 50 Piazza Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 42 Piazza Ln Meier, Carolyn Jane 46 Piazza Ln Colleyville TX 76034 000046 Piazza Ln #36 110 Ghauri, Khalid Pervez 92 Piazza Ln Colleyville TX 76034 92 Piazza Ln G & B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 000088 Village Ln #28 510 Realty Capital Village #1 Lp 32 Village Ln Ste 200 Colleyville TX 76034 85 Village Ln Ghauri, Khalid Pervez 92 Piazza Ln Colleyville TX 76034 92 Piazza Ln G 8 B Property Mgt Group Lp 75 Main St # 100 Colleyville TX 76034 000088 Village Ln # 28 610 Elixer Salon & Day Maker Inc 85 Village Ln Ste 150 Colleyville TX 76034 85 Village Ln Lake, William D 51 Piazza Ln Colleyville TX 76034 53 Piazza Ln # 110 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 41 Piazza Ln New, Joe Etux Sharon 61 Piazza Ln Colleyville TX 76034 61 Piazza Ln # 510 Village Fine Homes Ltd 99 Main St Ste 2000 Colleyville TX 76034 57 Piazza Ln # 310 Classic Unique Homes Inc PO Box 92802 Southlake TX 76092 37 Piazza Ln Classic Unique Homes Inc PO Box 92802 Southlake TX 76092 000035 Piazza Ln #38 110 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 85 Piazza Ln Boles, David Etux Teisha 59 Piazza Ln Colleyville TX 76034 59 Piazza Ln # 410 Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 85 Piazza Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 85 Piazza Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 85 Piazza Ln Notification List Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 85 Piazza Ln Colleyville, City Of 100 Main St Colleyville TX 76034 97 Piazza Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 85 Piazza Ln Village Fine Homes Ltd 99 Main St Ste 2000 Colleyville TX 76034 55 Piaua Ln # 210 Hov Re Llc 771 E Southlake Blvd Southlake TX 76092 60 Village Ln # 110 Hov Re Llc 771 E Southlake Blvd Southlake TX 76092 60 Village Ln # 210 Voc Builders Lp PO Box 2527 Waco TX 76702 60 Village Ln # 310 Jpmorgan Chase Bank PO Box 2558 Houston TX 77252 5000 Colleyville Blvd Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Village Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Village Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 51 Village Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Village Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 51 Village Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Village Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 51 Village Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Village Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Village Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 37 Village Ln Nit Investors No 2 Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Village Ln Nit Investors No 2 Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Village Ln Nit Investors No 2 Ltd 99 Main St Ste 200 Colleyville TX 76034 50 Village Ln Cy Village Land Lp 464 W Duarte Rd Unit B Arcadia CA 91007 32 Village Ln Cy Village Lane Lp 464 W Duarte Rd Unit B Arcadia CA 91007 32 Village Ln Village Management Ltd 99 Main St Ste 200 Colleyville TX 76034 28 Village Ln Realty Capital Chase Mtc Lp 32 Village Ln Ste 200 Colleyville TX 76034 16 Village Ln Realty Capital Chase Mtc Lp 32 Village Ln Ste 200 Colleyville TX 76034 16 Village Ln Realty Capital Chase Mtc Lp 32 Village Ln Ste 200 Colleyville TX 76034 16 Village Ln Public hearing notices were mailed on April 3, 2008 by Amy Shelley. Correspondence Received From: David Kelly Sent: Thursday, April 24, 2008 2:21 PM To: Cc: illiam Lindley Subject: RE: Village Parking Re-Zoning Ms. Coffey, I appreciate the concerns in your email. The rezoning request that you are referencing has been presented to the Planning & Zoning Commission, which moved for recommendation of denial based on the presentation by the developer. The Planning & Zoning Commision is a recommending body only. It is my understanding that the developer will be appealing this decision to the City Council, which is the approving body. We should have this before us in one of the upcoming meetings if the developer does appeal. I would encourage you to discuss what was originally proposed by the developer and what was presented by the developer at the Planning & Zoning meeting to get a better understanding of the Planning & Zoning Commission's recommendation. The Planning & Zoning Commission meeting notes are also available on the Colleyville city website. Again, thank you for your concerns and please do not hesitate to contact me on any other concerns that you may have. David Kelly From: Amy Coffey Sent: Thu 4/24/2008 2:27 PM To: David Kelly; Jon Ayers; Carol Wollin; Tony Licata; Rich Hendler; Tom Hart; Mike Taylor Cc: 'Jimmy Archie' Subject: Village Parking Re-Zoning Dear Council Member, It is my understanding that the rezoning request for the median to be narrowed in the Village has been denied. I have heard the reason given and I simply don't understand the reasoning. I own The Perfect Petal and I just had my 4 year anniversary here at the Village. I have spoken before at a council meeting when we were fighting for building to continue here. We are always fighting something here it seems. We truly wish we did not have to worry about more than running a family owned small business, but we do. We are in a city that just doesn't seem to want any of us to survive. If any of you spent just one week in this store to hear customers reactions to parking in this Village I think that you would want to reconsider. Just yesterday, we had 3 calls saying that they were coming to pick up flowers but they can't find a parking space. Or, there was one space available but they can not fit their SUV in the spot between 2 others. I have officially had 3 customers back into other people's car here in the Village due to the only options being parallel parking in front of stores. 1 don't think there is a way to convey just how frustrating it is that something so simple as a solution to parking can't be found. We are the businesses that pay our tax dollars to your city, yet we are barely even holding onto our struggling businesses. Just as I do everything I can to serve my customers, we should be given the same respect. The owners her are YOUR customers. I am sure parking here at the Village is a small issue on your big agenda, but to us, it is not small. Why does Colleyville want to make it all so tough? Our customers say to us almost daily "what is happening to this village"..."will it ever grow"? My response it that all parties need to work together to make this grow and flourish, and it just doesn't happen. Please reconsider the request to rezone the median. Regards, Amy Coffey The Perfect Petal 817.605.3366 From: Ketrina.Dunaga Sent: Friday, April 25, 2008 3:06 PM To: Amy Shelley Subject: FW: The Village -Angled Parking Request for Main Street importance: High Dear Shelley, As a resident of the village at colleyville, at 57 Piazza Lane, I am 100% apposed to the removal of the tree-lined median on Main Street in the Village at colleyville., and any other potential proposals that may be regested to remove the median on Village Lane between the round-about and Ruggieri's restaurant. The tree lines median is a critical element of the charm of the Village. Without those trees, the entire Village will look like a block of concrete, with no greenery. If Parking spaces are an issue, then why do we not require that the parking spaces on Piazza Lane, Village Lane, and Main Street be left OPEN for RETAIL CUSTOMERS ONLY. Every morning, I look out my breakfast window and watch employees of the businesses in the Village park in front of my house and other's all along Piazza lane. It seems that those employees should be the first to Park remotely and walk to their office, leaving adequate parking for retailers along those streets. The future success of the Village, I do not believe, will hinge on parking. It will rather hinge on attracting a moderately priced, well-known, breakfast, lunch, dinner type restaurant, like La Madeline or Corner Bakery, to be placed at the entrance of the Village, where the new entrance and footbridge will be built, to generate more awareness of the Village's existance, and drive trafhc to the area -past Market Street. In addition, the success will rely on Realty Capital's vested interest in retailers' success through strong incentives to keep them in the Village, while the Village is being built. Please feel free to contact me if you have further questions. Sincerely, Ketrina K. Dunagan VP, Channel Marketing Nokia From: Kristy Dixon Sent: Thursday, April 17, 2008 9:47 AM Subject: FW: The Village -Angled Parking Request for Main Street Village Residents & Merchants, We need your help!! Please see the email below from Jimmy Archie regarding the proposal for angled parking on Main St., which was denied by the Planning and Zoning Commission. If you are in support of helping increase the parking in the Village, please contact the City Council at the numbers or emails in the link below. You are also more than welcome to attend the City Council meetings on May 6th and May 20th where this issue will be considered. If you have any questions regarding this matter, please feel free to contact me or Jimmy. Thanks! Kristy Dixon REALTY CAPITAL CORPORATION 99 Main Street Suite 200 colleyville, Texas 76034 Main 817.488.4200 x 119 Fax 817.424.2448 Direct 817.479.0719 From: Jimmy Archie Sent: Tuesday, April 15, 2008 11:21 PM To: Kristy Dixon Subject: The Village -Angled Parking Request for Main Street Kristy- As you know, we recently submitted a request to the City of Colleyville to allow us to change the parking configuration on Main Street between Pleasant Run Road and Village Lane to angled parking in place of the current parallel parking. We were required to make this request because Main Street is a public street and is not private property. Unfortunately, this request was denied by the Planning & Zoning Commission by a vote of 6 to 1 in opposition without much explanation to us as to why they denied the request. Because the P&Z voted our request down, rather than needing a simple majority vote in favor of our request at City Council, we are now required to get 6 out of 7 votes in favor. Please see the attached letter of denial from the City, a letter of response from me, and exhibits supporting our request. Please forward this email and the information attached out to your Village database of both Village merchants and residents. Assuming the recipients are in support of our request and they want to get involved to help make it happen, we suggest they contact the city council by phone or email expressing their support. It is important to understand that the Planning & Zoning commission is a board that is appointed by the City Council and they make a recommendation to the Council as to how a case should be considered. Unfortunately, because of the denial by P&Z and because the P&Z is an appointed board by the City Council, we can't take any chances and assume that a majority of council members will see the case differently and will vote in favor of our request. Again, we must have 6 out of the 7 council members vote in favor, which unfortunately means that every council member needs to be contacted. The council members email addresses can be found at the following link: http://www.colleyville. com/content/view/36/304/ If anyone would like to attend the council meeting to voice their support directly, the request will be considered at the May 6th and May 20th meeting. Thank you for your help with this and should anyone need to speak with me specifically regarding this request, pleas` feel free to have them contact me directly. Jimmy Archie Chief Operating Officer REALTY CAPITAL COMMERCIAL CORPORATION 99 Main Street Suite 200 Colleyville, Texas 76034 Main 817-488-4200 ext. 105 Fax 817.424.2448 Direct 817-479-0705 ~,. fl ~~r~~l REALT'Y t , ~, Applicant's Letter of Appeal to City Council 9`~ ~`~"'" s~r~xrr:~,- • Sul~rE zoo y M CC)1.LIYV1t.LE, 1•EXAS 7(iC)34 C.API7 AL al~.4ss.4zoo • I'A~ 8l'7.9zh.2448 RcaltyCaptal.cvm Ms. Amy Shelley Planning & Toning Assistant City of Colleyville 1 UU Main Street Colleyville, Texas 7CU34 RE: Case Z-08-014: Request for an amendment to the PUDC-Planned Development Commercial. roving and development requirements of the Village at Colleyville Addition Dear Ms. Shelley: Please accept this letter as our request that the City Council consider the above referenced request. Thank you for yo>.u• consideration of this request. and please call ]lle at (817) 488-42UU ext. 1 US if you hati~e any questions. Si erely, ~. lllllly TCl11e Vice ~esident 99 Mntrv S•rxrf:~ Sttt~rF 2f)o f.~~~F ~ ~ COLLF,YVrLLE, 1'L'XAS 7b034 ( t~~ 3 REALTY ~API'Tl~L Applicants Revised Request .. ~~,;~ 817.488.4200 t^AX 8(7.924.?_448 ~.-,,~;~', RcaltyCapital.coin Mr. Ron Ifuthven Development Coordinator City of Colleyville 100 Main Street. Colleyville,'I'exas 76034 R.E: Case 7_~U8-U14: Request for an amendment to the PUDC'-Planned Development Commercial zoning and development requirements of the Village at Colleyville Addition Dear Mr. Rutllven: Please see the attache-d rovised concept plan and photo exhibit for our angled parkin}; request along Main Street between Pleasant Run Road arid. Village Lane. Due to the Fire 1Vlarshall's concerns at the P&L meeting, we have revised the plan to illustrate the commitment we are willing to make regarding the requirement of a 14' wide drive lane width for this section of Main Street. We: attempted to comnwnicate this commitment at the P&% meeting, however, it was either not understood or simply not accepted by the Fire Iviarshall and thus we are left to conclude that the request was voted down 6 to 1 by the Planning & %oniug Commission. for this reason. Therefore, we felt by revising the plan on paper, it .would be easier for all parties to analyze cnir request and give it further consideration. We would like to reiterate what we stated at the I'RZ meeting that our request to change the parking configuration is nol reducing the drive lane widths that cut•rently exist on Main Street. In fact, the drive lauds remain at 1 ~' wide, which is the current condition. }father, our request simply changes the parking configuration from parallel to angled by reducing the width of the median, a change which has long been requested by existing retailers, prospective retailers, and city council members. I3y tnakiug this change, we increase the number of parking spaces in front of the retail shops and make the spaces easier to drive in and out of. hl addition to the drive lane width concern raised by the Fire Marshall at the P&% rnceting, there was a request in the DRC commetrts that the median be removed altogether in order to accommodate this change. We arc opposed to this request. The tree-lined. mcclian down the middle of 1Vtain Street serves several put1~oses which we feel should not be compromised: 1) it provides an aesthetically pleasing boulevard efi'ect, 2) it slows down traffic, 3) over time it provides a shaded canopy over the street thereby making the street more pedestrian-friendly, ~) it allows fir landscaped U-ee-lighting for safety and aesthetic appearance, and 4) it is simply tnorc beautiful than anon-landscaped median. hi addition to stafl`'s review of this information, please share this letter and attached exhibits with the City Council to consider at the upcomitag meetings. We appreciate your consideration of this request and please call mc; at (817) X88-4200 ext. 105 if you have any questions. S~ ~erely, mmy t•chie `DICE? L'.S7G~C?Tll Area Map Proposed Parking ~,~.~ ~,L~ -Realignment r~issr~rr t~~ ~~ ~~~~'~ ~ Area °, ._ . _~_ f ~ ,Library ~ ~ ~ f ~~ 1v1AiC~! ~;T ~~, City ,~ ~ ..~ / -' J ~~ ~ ~~~ ~~ N ti~ z x ~ . \ l ~. ~ ~ VILLAGE LANE (58 ROW) ~ ~ ~ ~ ~ u ~ v C 0 0 0' Y ~': 45 0 9.0' 14.0 14.0' 19. ~. R7 c.~ ~.. . L m 9.0' ...14.0 ~ 9 14.0 .. 19. ~ a~ o ~ . 0 0 5' 9' 14.0 O 6 45' 9~ 14.0 19. \ V < a. Y ~. Y ~! /' a \ \. o. a ', PLEASANT UN ROAD x~ 2 ~°$ 0$ n~~u~E~~~ w•~~8~ sa Main Street 45° Parking floDBoird, Hampton & Brown, Inc. y~n gineering 8c Surve C] Er i ~~ ~ ~n~~~~~~ Village at Colleyville ~ ~ g °~:.;1,_,~_,,,,°I~,a,,,_,,,~:„~;,„~mwE_~kM. ORDINANCE 0-08-1680 AN ORDINANCE AMENDING ORDINANCE 0-06-1560 CONDITIONS, AND AUTHORIZING THE ADDITION OF 45 DEGREE ANGLED ON-STREET PARKING; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-99-1141 on January 17, 1999, to establish the zoning of 24.07 acres out of the J.M. Looney Survey, Abstract 936, Tract 1 and the B.B.B. & C.R.R. Co. Survey, Abstract 206, Tracts 3, 3E, 3D, 3C, 3B, 3B1, and a portion of Lot 1, Block 1 of City National Bank of Colleyville Addition; and WHEREAS, the City Council approved Ordinance 0-02-1337.4 on December 17, 2002, amending Ordinance 0-99-1141 in its entirety; and WHEREAS, the City Council approved Ordinance 0-06-1560 on January 17, 2006, amending Ordinance 0-02-1337.4 by incorporating additional development standards for certain designated lots and areas; and WHEREAS, the applicant has requested an amendment to Ordinance 0-06-1560 to authorize the addition of 45 degree angled on-street parking, under Case Z-08-014; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and Ordinance 0-08-1680 Page 2 of 4 WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, 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 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- 06-1560 regarding authorizing the addition of 45 degree angled on-street parking. 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 the Village at Colleyville Addition as depicted in the attached Exhibit "A" labeled Location and Zoning Map. Sec. 4. THAT the above described tract of land shall be subject to the following amended condition: 1.45 DEGREE ANGLED PUBLIC PARKING a. The following requirements shall only apply to the portion of Main Street located between Village Lane and Pleasant Run Road and shall become effective only upon the realignment of the on-street parking in this area to angled parking from parallel parking. b. 45 degree angled public on-street parking spaces shall be allowed along both sides of Main Street between Village Lane and Pleasant Run Road. Ordinance 0-08-1680 Page 3 of 4 c. The existing median shall be removed upon the initiation of the parking realignment allowed by this ordinance. d. There shall be a minimum unobstructed pavement width of 28 feet maintained on Main Street between Village Lane and Pleasant Run Road. e. These spaces shall meet the minimum design specifications for parking spaces as stated in Section 3.29.1 -Parking Space Construction Standards in the Land Development Code, except where amended herein. f. Any existing tree removed within the existing median as a result of the parking realignment allowed by this ordinance shall require mitigation per the requirements of Chapter 5 -Tree Preservation in the Land Development Code. g. No parking spaces may be placed such that a vehicle backing out of said space would impede the flow of traffic and/or create a threat to public safety within a street intersection. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-08-1680 Page 4 of 4 Sec. 10. THAT Ordinance 0-02-1337.4 and Ordinance 0-06-1560 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2008. The second reading and public hearing being conducted on the 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney EXHIBIT A -Location and Zoning Map ,~_ ,°ia ~t al ~ ,,,a ~ 2t~ ~~~a ~~ ~; 2'~-~ aC~ ~~ - --r Boa _~~~~.~ ~ j .,7 ~t~ J~ 63Q1 _ _ __ l .__L_~ ______.___ -'~ .: E F217 51%a ~ -~ ~ ckj ~ ~ r,Q vh. f t i Ll ~1 yyv..~f^j k h ~ ~J~1~~ ~ ~`,. '~ ~ ~,~ hA~,iP~t r, a .~~. ~ _~ ~ s r, ~~~pp,,~h ~,C SUbJeCi ~ ~ ~ rj= 51oe p .~:-r ! illy` ~fi ~~ F'I.O~J CIt`r'..~Y c-,j. ~ -.~ ~ 1 1 t7_ ~ _~~~ _ 2 C ~ ..~ ~~ ~ n7 `n SiOA 1(r~~~ S 1 ~~,a 5 t i 3 .!n 72 '.1 5007 ~} 5113 `~ 1" ' 1[Fl 5005 ~~"-'~ tU, r'(tm. i ~ 51 f~ ~1fB, 1 OCr, Bn4 b003 ~ ~50'~1 ~ "' SD-1 { ~ ~- ~~~ - r ~ ~ 1 i 012 ~ 5i70~~ -, l _~oto ~ ~~~~ j .~ ~ 5r~ ~ n j , i ~` ~ f ail . , {- a r, soil ~c ~'~ ~:~ 12 a~3aa ~ r--f ~~ ~ o a~0~ ~ ~ ~~ ~~~~~ I 1 alr~ 6f;00 d907 507 r~. f' Ltk'h~ ~~`~~ 100 Main Street ~ City of C o I I eyv i I I e Coll (81'7) 03X1000 034 r,- Agenda Briefing www.colleyville.com File Number: 0-08-1681 File Number: 0-08-1681 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 05/20/2008 Agenda No.: 6a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107A, Case Z-08-013 Attachments: Location and Zoning Map Notification List Letters of Opposition Statement of Planning Objectives Exhibits Provided by Applicant Ordinance 0-08-1681 History of Legislative File Version: Date: Acting Body: Action Text: 04/28/2008 Planning and Zoning Commission 05/20/2008 City Council Title Approval for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107A, Case Z-08-013 Explanation First Reading and Public Hearing Kathy Baerg submitted a Special Use Permit (SUP) application to allow alcoholic beverage sales for off-premise consumption. The SUP request is for 1101 Cheek Sparger Road, Suite 107A, which is located at the southeast corner of Cheek Sparger Road and Bedford Road. The lease area for the general store will be 1,245 square feet. Off-Premise Consumption. The proposed SUP would authorize the sale of alcoholic beverages for off-premise consumption. Permitted alcoholic beverages include beer and wine. Liquor sales would not be permitted. The request is intended to serve a proposed general store that will sell everyday food and general merchandise, as well as beer and wine. The proposed store hours of operation are from 7:00 a.m. to 9:00 p.m. Monday through Sunday. The owner has not specified any differing hours for the sale of alcohol but is willing to follow the guidelines of the City. On-Premise Consumption. On-premise consumption of alcoholic beverages would not be permitted on the property and is prohibited by state law. City of Colleyville Page 1 Printed on 5/14/2008 Agenda Briefing Continued (0-08-1681) Distance Requirements from Churches, Schools and Public Hospitals. The Colleyville City Code requires that businesses that sell alcohol be located at least 300 feet away from churches, public and private schools and public hospitals. The property satisfies this requirement. Master Plan. The Colleyville Plan designates this property for future retail use. The proposed zoning designation would be in compliance with the future land use plan. Surrounding Properties. The surrounding properties are a mixture of commercial and residential uses. The property to the north is zoned PUDR-Planned Unit Development Residential and is developed as a residential subdivision. Properties to the west are zoned R40-Single Family Residential and CC1-Village Retail and consist of single family residences and vacant lots. Properties to the southwest are zoned AG-Agricultural and are vacant and the properties to the immediate south are single family homes located in the City of Bedford. Properties to the east are zoned CN-Neighborhood Commercial and are developed for office uses. Development Trends. The development trends in this area are retail, office and institutional uses. Public Notification. Staff mailed notices to 49 property owners within 500 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received eight (8) letters in opposition to the request. Supermajority Vote Requirement. Since the opposition within 200 feet of the subject property exceeds 20%, the request can only be approved by a supermajority vote by the City Council. This request must receive at least six (6) affirmative votes in order to be approved. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the April 28, 2008 meeting by a vote of 6-0. Summary. The proposed SUP would authorize the sale of alcoholic beverages for off-premise consumption but would not permit sales of alcohol for on-premise consumption. The property satisfies the distance requirements from churches, public and private schools, and public hospitals. 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 2 Printed on 5/14/2008 Location and Zoning Map I l 803 ~ 901 ~ 943 ~ 905 4 907 `1001 110031 1005\ 1007 916 PUDC 901 909 ,~~ ~~ 34E08 3d01i I~ -`„~ - - 381 `~ 390a 381fi ~'~'~- R4 3900 3809 3808 3$01; 3805 3710 3716 3713 3709 3708 3708 gaol coal 3003 loos ~- ~ 3001 3002 3003 3002 3003 ~ ~` --:3000 '1001 3i~Of 1 ~ ~ 3908 1 ~ :1001 ~ r- ~ r------.~~ 3042 ~ ~ 390G ~ i ` i9nJ t ~90~ ~ 39 ,---~~1 ` ~~'' ~ 3908 r 3902 ~ ! 3903 ~ 3905 =5~ ` ~ Site ~ J90G ~j r ' { ,, ~ ,- - L.~~ `~r~a2 ;` ` ,--~~" -~ r ~ ` 3903~ ``~~~ 3900 1, - t 39fiJ 1 i 2~ ~ 'r~^, ~`~ ~z~ 3?~02 ~ j _~ / 3900 _ 105 i i u 9 --~---._ AG Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Andrews, Mary 4001 Plantation Ct Colleyville TX 76034 4001 Plantation Ct Ringo, Casey K Etvir John L 3906 Elmwood Ct Colleyville TX 76034 3906 Elmwood Ct Huggins, Samuel E 4000 Plantation Ct Colleyville TX 76034 4000 Plantation Ct Franz, Joseph E 3905 Elmwood Ct Colleyville TX 76034 3905 Elmwood Ct Miller, Ray Etux Patricia 3904 Elmwood Ct Colleyville TX 76034 3904 Elmwood Ct Oldham, Kevin R 3902 Elmwood Ct Colleyville TX 76034 3902 Elmwood Ct Daisy Hill Academy Ltd 919 Cheek Sparger Rd Colleyville TX 76034 919 Cheek Sparger Hurst Jaws I Ltd Etal 9130 Jollyville Rd Ste 175 Austin TX 78759 1001 Cheek Sparger Rd Torres, Nolberto Etux Josephin 3904 Copperwood Ct Colleyville TX 76034 3904 Copperwood Ct Hurst Jaws I Ltd Etal 9130 Jollyville Rd Ste 175 Austin TX 78759 1005 Cheek Sparger Rd McDowell, Chs A Jr Etux Sherry 3902 Copperwood Ct Colleyville TX 76034 3902 Copperwood Ct Hurst Jaws I Ltd Etal 9130 Jollyville Rd Ste 175 Austin TX 78759 1101 Cheek Sparger Rd Landry, Lloyd M Jr Etux Sandra 3900 Copperwood Ct Colleyville TX 76034 3900 Copperwood Ct Covenant Christian Academy 4800 Bill Simmons Rd Colleyville TX 76034 3906 Bedford Ct. Myers, David W & Mary A Rev Tr 7017 Oak Hills Ct North Richland Hills TX 76180 1105 Cheek Sparger Rd Myers, David W & Mary A Rev Tr 7017 Oak Hills Ct North Richland Hills TX 76180 1109 Cheek Sparger Rd Wolfe, Kevin & Larry Chatham 4800 Bill Simmons Rd Colleyville TX 76034 3900 Bedford Ct. Werst, Harry A 3808 Wayne Dr Colleyville TX 76034 3900 Bedford Ct. Ccdcw Lp 9301 N Central Expy Ste 300 Dallas TX 75231 3816 Bedford Ct Chatham, Larry K Etal 4413 Bowman Dr Colleyville TX 76034 open space Foreman, John & Barbara 4006 Elmwood Ct Colleyville TX 76034 4006 Elmwood Ct Ostrander, Oakley 4005 Plantation Ct Colleyville TX 76034 4005 Plantation Ct Collins, Stephen B Etux Jane 1009 Inwood Ln Colleyville TX 76034 1009 Inwood Ln lovinelli, Luci & Robert C 4006 Plantation Ct Colleyville TX 76034 4006 Plantation Ct Ulrich, Charlie Etux Lore 4003 Elmwood Ct Colleyville TX 76034 4003 Elmwood Ct White, James R Etux C Victoria 4002 Elmwood Ct Colleyville TX 76034 4002 Elmwood Ct Edwards, Sheridan B 4003 Plantation Ct Colleyville TX 76034 4003 Plantation Ct Fowler, Billy J Etux Kimberly 4004 Plantation Ct Colleyville TX 76034 4004 Plantation Ct Chatelain, Gary M Etux Gloria 1007 Inwood Ln Colleyville TX 76034 1007 Inwood Ln Allred, Shane Etux Kelly 1005 Inwood Ln Colleyville TX 76034 1005 Inwood Ln Jackson, William D Etux Melba 1003 Inwood Ln Colleyville TX 76034 1003 Inwood Ln Usrey, Lewis B Etux Tammy R 4001 Elmwood Ct Colleyville TX 76034 4001 Elmwood Ct Pursley, Tex Etux Barbara 4000 Elmwood Ct Colleyville TX 76034 4000 Elmwood Ct Rhee, Un Young 4002 Copperwood Ct Colleyville TX 76034 4002 Copperwood Ct Griffith, James C Etux Cynthia 4002 Plantation Ct Colleyville TX 76034 4002 Plantation Ct McWithey, Michael C 4001 Coppenvood Ct Colleyville TX 76034 4001 Copperwood Ct Craver, Pete F III 3908 Copperwood Ct Colleyville TX 76034 3908 Copperwood Ct Kile, Daniel A Etux Shirley 3907 Copperwood Ct Colleyville TX 76034 3907 Copperwood Ct Byno, Thomas J 3906 Copperwood Ct Colleyville TX 76034 3906 Copperwood Ct Winslow, Dwight R 3916 Wayne Dr Colleyville TX 76034 3916 Wayne Dr Pechacek, John A Etux Eileen F 3905 Copperwood Ct Colleyville TX 76034 3905 Copperwood Ct Richey, Ruth Jean Murray 3906 Butler Ct Colleyville TX 76034 3906 Butler Ct Valle, Sergio Etux Marla 3903 Copperwood Ct Colleyville TX 76034 3903 Copperwood Ct Abbott, Rhonda C 3904 Butler Ct Colleyville TX 76034 3904 Butler Ct Winslow, Dwight R 3916 Wayne Dr Colleyville TX 76034 3908 Wayne Dr Peyton, John Etux George-Anne 3902 Butler Ct Colleyville TX 76034 3902 Butler Ct Aymond, Gary 3804 Bedford Ct Colleyville TX 76034 3804 Bedford Ct Chatham, Keith 11645 Denton Dr Dallas TX 75229 3716 Bedford Ct Chatham, Larry K Etal 4413 Bowman Dr Colleyville TX 76034 3900 Bedford Ct Kathy Baerg, applicant 32118 Paseo Adelanto #3 San Juan Cap CA 92675 applicant Public hearing notices were mailed on April 17, 2008 by Amy Shelley. Signature Letters of Opposition Case Z-08-013 -Request for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, APRIL 23, 2008. Procedure to Respond: As (a Property Owner within 500 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) ,~ fcQ `Q ~~~ A~Q ~-e~ s~ , f ~ ~ +'o po se~ ~a L~i'4~ ~ S~~~L k i~ ~ ~~ G `po Lt ~Q f/e~LCt~C~~t2~~~~ t~ ~ v ~~ e~~o~G=~f°p~ v ~J ~'~ ~~ ~~ /~G~ Gc ~CQ 6"V Print Name and Address, or Lot, Block and Subdivision: C Mr Mrs StephenColllns 10091nwood Ln Colleyville, TX 760343548 Signature: 1~ 1~ r~aQ~.~- G.-~.~. (Phone No.)C~ ~~~~~~C~ ~~ ~m 't-o-~~.~C., Direct questions and mail responses to: /ao 9 Community Development Department City of Colleyville 100 Main Street - Colleyville, TX 76034 ~ .Y ~ °~~~ ~ ~' 0: 817.503.1050 F: 817.503.1059 ~ 2008 `'~ ~ a ! APR 2 1 ice, ~~~~; -~- Case Z-08-013 -Request for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, APRIL 23, 2008. Procedure to Resaond: Print Name and Address, or Lot, Block and Subdivision: responses to: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 O: 817.503.1050 F: 817.503.1059 1 GN RECEIVED Per ............. As (a Pr in 500 feet of the subject tract) or (an interested citizen), I (app (protest) n o (have the following comments) FROM (Phone No.) ar/- ~1~- ~~~ Community Development Department City of Colleyville 100 Main Street Colleyvilio, TX 76034 O: 817.503.1050 F: 817.503.1059 i RECEIVEa q~ ~ ~ 1 2Ui;}% FAX N0. :61751-06265 Apr. 22 2008 10:27AM P1 Case Z-08-013 -Request for a Special Use Permit for ak;ohol sales for off-premise consumption on a portion of t.ot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107 . WRITTEN COMMENTS MusT BE RECEIVED BY THIS oFi=ICE NO i.aTER THAN 5 P.M. ON WEDNESDAY, APRIL 23, 2008. ~_ ~. , ,1. i ~~ As (a Property Owner within 500 feet of the subject tract) or (art interested citizen), I (approve) (protest) and/or (have the following cornrnenta) I t~>° ~r~ t~i~t'`--~-~t.t~~ rea r~~l- d tc~ -~a -~,e Y~~.tur~ o~ ._ i~tt,r. print Name and Address, or Lot, Block and Subdivision: Per ............. I VL~iVI'Gl ut.~~5 tc~h rn~~ n~tl~ Q.1~ALI.~ 1 ~~ ~.~ Cc~e ~.-- Direct que:lions and mail r+sspanses to: Case Z-08-013 -Request for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, APRIL 23, 2008. Procedure to Resaond: As (a Property Owner within 500 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) ~~, Print Name and Address, or tot, Block and Subdivision: sa~~l/ ~~~~~ ~s ~ ~~ Signature: ~ ~ !//~ (Phone No.) Direct questions and mail responses to: Community Development Department City of Colleyville 100 Main Street RECEIVED Colleyville, TX 76034 O: 817.503.1050 ~aPR 2 2 2Q08 F: 817.503.1059 Per ............. Case Z-08-013 -Request for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, APRIL 23, 2008. Procedure to Respond: As (a rope Owne within 500 feet of the subject tract) or (an interested citizen), I (approv rot nd/or (have the following comments) ^ . Y Vl/ I A ~~11J~.~1/ LLl</ Print Name and Address, or L t, Block and Subdi ~ ion: /~ Signature: (Phone No.) l ~ ~ ~ r `-'~~ Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 O: 817.503.1050 F: 817.503.1059 .~-_,. APR 2 3 2008 CITY OF CGi_,.~ ~~~:- %~t ( E BUILDING DEPARTMENT Direct questions and mail responses to: Case Z-08-013 -Request for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara 111 Addition located at 1101 Cheek Sparger Road, Suite 107 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, APRIL 23, 2008. Procedure to Resaond: As (a ro a wn ithin 500 feet of the subject tract) or (an interested citizen), I (approve rote nd/or (have th followin com nts) • Signature: (Phone No. 7 ~~ Direct questions and mail responses to: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 O: 817.503.1050 F: 817.503.1059 APR 2 3 2008 COLLF"' r~^ Print Name and Address, o ot, lock and Subdivision: ,3 goo -~ C~-. Case Z-08-013 -Request for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, APRIL 23, 2008. Procedure to Resaond: As (a cope ~ e ithin 500 feet of the subject tract) or (an interested citizen), I (approve profs t) and/or (have the following comments) Print Name Address, or Lot, Block and Subdivision: ~, ,,~ ~ ~o~- Ste- ~-~.~ Signature: one No. S-~~p~ Direct questions and mail responses to: Community Developmentbepal~tment City of Colleyville 100 Main Street Colleyville, TX 76034 ' ~ 0: 817.503.1050 F: 817.503.1059 ._ _ ~ ..~ ~~~~~7~ APR 2 3 2008 CITY Ur~..~~~~.....w':`!irL.E 3Y BlilLDlrlG OEPIRTME Case Z-08-013 -Request for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, APRIL 23, 2008. Procedure to Resaond: As (a Property Owner within 500 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) ~`'-vti ~~y~~~~ Cif-rn-~C2u.~; G~ ~~~. ~2;~c~~_ Print Name and Address, or Lot, Block and Subdivision: CeV~NAN7' ~f1,~15T~g~/ ~~~DEi~~ ~ ro ~ ~~~r-~~y c ~ CIoLLL-'yV/L. (.E ~~~ 3 Signature: % 1 ' /a''~~~. (Phone No.) g ~7._a 8 ~ " y j~~ Direct questions and mail responses to: Community Development Department City of Colleyville 100 Main Street Cofleyville, TX 76034 O: 817.503.1050 F: 817.503.1059 C r~~.4. -.Go Statement of Planning Objectives ~~c~ X009 .~#~o~ .~' 760 March 28, 2008 TO: CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT SERVICES 100 Main Street Colleyville, TX 76034 Attn: AMY SHELLEY FR: KATHY BAERG, Owner REF: STATEMENT OF PLANNING OBJECfiNES THE VILLAGE GENERAL STORE My husband and I purchased the commercial strip center, known as Tara Village, located at 1009-1101 Cheek Sparger Road in Colleyville last September. We were very excited about this purchase as it would allow us to be part of, what we consider, a wonderful community and neighborhood, and the new City Offices and downtown. The commercial center we purchased serves the surrounding Tara Plantation and other neighborhoods directly. It is our goal to encourage and seek out retailers to support the local neighborhoods and increase traffic and commercial business to the "Tara Village Center". After we purchased the center, we had numerous conversations with neighboring tenants and local people concerning the lack of a close convenience store to the homes and shops. We decided that opening a convenience store for the local neighbors and businesses would be a "good for all" adventure for both sides. The positive feedback from everyone already has been very encouraging even though we haven't opened our doors yet. The major portion or stock of the store will be everyday convenience items for the neighborhood. We also would like to sell beer and wine products. We will not be selling hard alcohol and of course, no alcoholic consumption of any kind will be on the premises. We have contacted the TABC for a license and anyone working at the store will have to complete a TABC course before beginning the job. RECEIVED ~r~AR ~ 3 j(~0 Per ............. We felt that a small portion of the store product being beer and wine would benefit the surrounding neighborhood after talking to local merchants and neighbors. They indicated that going all the way to grocery stores for a bottle of wine was time consuming. Amore's Restaurant, in the center, does not offer alcohol on their menus but encourages BYOB to their customers. Being able to purchase wine products next door to the restaurant by their customers would be a huge benefit to Amore's and the General Store. Being able to add "foot traffic" to the commercial cenfier is a huge benefit to all the vendors. We have only two vacant store fronts now (down from 4) and several good inquiries since the property was rehabbed. The parking lot for the center more than accommodates all vendors. Mr. Jeff Fontana will be managing and supervising the store as we are out of town owners. We have complete confidence in his ability to manage this property as we have been doing business with him for over 15 plus years. He ran an asphalt company for over 15 years prior. His expertise and skill in management and supervision has always been top notch. He is and will be our "representative" for the Village General Store". Thank you for your time and consideration on this Special Use Permit application. Please contact us for any further explanation or questions you might have. Sincerely, ~ ~C~z~.. ~~~~~ Kath Baer and Hal Baerg Y g 32118 Paseo Adelanto #3 San Juan Capistrano, CA 92675 949-489-5622 Jeff Fontana 817-683-4466 <-~~ 1 Exhibits Pr vi ~d-b Applicant .~x~ib~t xB U09- I '.O1 ~_'heck Sparer Rnad, C:ol)eyville, 1'X76034 127A !:~~ I t ~ ; D °d ~rP, r.,,,, s d d ._ ~T l w r-- „o 1 Am vfQ ?lyye ~ I Pasty ~ 1J9A CleyMat~on ,ote,,aaroa P~1sBler Nan Taakwcndc 1074 ~0. CAn..'~ Gf~JtVIM CDiIXt~a~ ~otnr, ! ~ Tera Nail d Tan ,x 103 m:frt~r+e Pets 12? tbl I I;t 12G ~ !?7 i2g ~ , a+ V Y ~ ' ~~ ~ ~ ~ ~ k ~ :' ~ I ~o ~11'~ ~ ~~ ~ r ~ 1 ~v~ c ~ r~ ~r a~ U ~ U l ~ ~ . ~°~ Z ~ i ~\ ~ i~ i 9 ' ~' I C r' ....) i C~i~.-' 1 ~ rrI h' !0 ~l nQi ~ ~ ~~ ' fir RNemnc~ Ony t~ ~~~rJ 1'q/~~ ur:~r~zwi uu:~q rxx ~G`< 1QJ003/o03 s a (~ I s~TH L3' ~ err-~ -r~ ~~Ai ~ `J~~f~~ s~ a'' •--- ~~o~L~ ~~ ~ I , ~~~ hAl° ~ ,3 _\ ~ ~ ~ ~~i TAf~A 1/ILLAG~ SUITS 1O~-A ll (~' X ~' ~ ~o~ X ~ i r _ i fro ~.~ r~onr 7 20'-~}~~ ~~~~__~ J II --g ii ( ~~~o N j p ~ ~ *~" ~~ ~ ~~ \, ~ ~~D r.o sn~~ p ~ M u ~I II ~ ® ~ ~ ~ ~ 0 I ~~ ~! ~ ~~~ ~r ~sr~a ~ ~ ~~ -~. ~~ ~rn i ! ~rn ~~ ~. 1 D r N o ~~ O ~vsars ~ ~ rn ORDINANCE 0-08-1681 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A PORTION OF LOT 3, BLOCK 1, TARA III ADDITION, LOCATED AT 1101 CHEEK SPARGER ROAD, SUITE 107A, BY AUTHORIZING A SPECIAL USE PERMIT FOR THE SALE OF ALCOHOLIC BEVERAGES FOR OFF- PREMISE CONSUMPTION; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-08-013; 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 0-08-1681 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 changing the zoning on a portion of Lot 3, Block 1 of the Tara III Addition, located at 1101 Cheek Sparger Road, Suite 107A, by authorizing a Special Use Permit for the sale of alcoholic beverages for off-premise consumption, as depicted on the attached Exhibit "A" labeled Location and Zoning Map and the attached Exhibit "B" labeled Lease Area Map. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. Hours of Operation a. The hours of operation shall be as follows: Monday -Sunday: 7:00 a.m. - 10:00 p.m. 2. General a. The uses allowed by this Special Use Permit shall be for the sale of alcoholic beverages for off-premise consumption. b. This Special Use Permit shall only allow the sale of beer and wine. c. The sales area for alcoholic beverages allowed under this ordinance shall not exceed 1,245 square feet and shall be limited to the lease area depicted in the attached Exhibit "B" labeled Lease Area Map. d. The Special Use Permit shall automatically expire upon the abandonment of the business; change in use or upon the expiration or termination of the Certificate of Occupancy for the general store. Ordinance 0-08-1681 Page 3 of 3 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. 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 NORTH 803 901 903 905 907 1001 1003 1007 1005 4004 4003 4002 001 4000 3906 4no4 4001 4002 3908 4006 4003 4004 4001 4000 4002 3904 3906 g05 3902 3908 3916 3904 3905 $It@ 3906 9Q9 3902 3900 3903 3904 3908 3906 3902 3900. 3815 3900 ~Qc 3816 R40 3soo 3809 3808 3806 380 AG 3805 3716 3716 3714 3709 3708 3708 Exhibit "B" -Lease Area Map I ~\ ~ cr ~ ~ ~ ~ i ~ ~ ~~~~ ~/1r~~~ ~ ~i J ~ l ~~. Df~ 1'fr~~ ` U ~ ' ~ f i20 ~Atc_„~;' s U q d ` ~~ ~ ~ / • ~~ ~ i Am^_r ~AiA~# S ~ p f31i l ^ +?nA ~ / ,~ ~mr~ 4##IOrhl~n Tafkwcn7c ' / (( 1 i General Stare Location (~ tDfA Y0. GG.w.}' ' -,..~ Lrasr.~a fenemr+: nt«r ~ ~ V ire. ~ I ~ ~ ~7S ff~Mw.lC+ ~' ~/ E rrrE r~a,~ s T~ .,, 163 M~'ferfc fc~s~ Ci 1 J ~~~, ~ . .~ 100 Main Street ''` ~ City of C o I I eyv i I I e Col I (81'7) 03X1000 034 "~"'' Agenda Briefing www•colleyville.com File Number: 0-08-1682 File Number: 0-08-1682 Version: 1 Requester: Office of the City Manager File Type: Ordinance Agenda Date: 05/20/2008 Agenda No.: 6b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval to amend the existing gas franchise between the City of Colleyville and Atmos Energy Corporation (Atmos) Attachments: Ordinance 0-08-1682 History of Legislative File Version: Date: Acting Body: Action Text: 05/20/2008 City Council Title Approval to amend the existing gas franchise between the City of Colleyville and Atmos Energy Corporation (Atmos) Explanation First Reading and Public Hearing The City of Colleyville has franchises that incorporate the agreement between the City and Atmos's predecessor in regard to the sale of gas to residents and businesses within the City. One aspect of that franchise is the rate paid to the City for use of City right-of-ways which is currently set at 4% of the gross revenues from sales within the City. In addition, the City regulates the cost of the sale of gas to Colleyville's customers (although City decisions may be appealed to the Railroad Commission). In a recent rate settlement, the City approved a settlement agreement with Atmos Energy Corporation, Mid-Tex Division, on February 19, 2008 regarding a rate increase. This rate increase agreement included a "most favored nations" clause, which allows the City to benefit if Atmos entered into other agreements with other cities in the future. After the City Council approved the settlement agreement, several cities continued to work with Atmos on their rate case and included an increased franchise fee in their discussions about the rate case. As a result of the rate settlement between Atmos and those other cities, an increased franchise fee of 1 was included as part of their rate settlement. The settlement, with the increased franchise fee, invoked the "most favored nations" clause. Atmos is now providing the option of amending the City's franchise to increase the fee, along with all other cities who are members of the Atmos Cities Steering Committee. The option will increase the franchise fee paid to the City from 4% to 5%. That change would result in an increase of City revenues by approximately $84,700.00 annually. City of Colleyville Page 1 Printed on 5/14/2008 Agenda Briefing Continued (0-08-1682) The franchise fee is paid by the customers. For an average residential customer the increase will be approximately $0.20 monthly. The City is currently working with Atmos on a new agreement, but Atmos has asked that, if the City is interested in this increase, to proceed with this amendment. If approved, the new rate will be a part of the franchise agreement. Financial Impact It has been determined that a 1 % franchise fee increase will result in an approximate increase of $84,700.00 in City revenues, which will assist in offsetting costs of the City's right-of-way management Recommendation Approval City of Colleyville Page 2 Printed on 5/14/2008 ORDINANCE 0-08-1682 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE EXISTING GAS FRANCHISE BETWEEN THE CITY AND ATMOS ENERGY CORPORATION TO PROVIDE FOR A DIFFERENT CONSIDERATION; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR ACCEPTANCE BY ATMOS ENERGY CORPORATION; AND FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW WHEREAS, Atmos Energy Corporation ("Company") is engaged in the business of furnishing and supplying gas to the general public in the City of Colleyville ("City"), including the transportation, delivery, sale and distribution of gas in, out of and through the City for all purposes, and is using the public streets, alleys, grounds and rights-of-way within the City for that purpose under the terms of a franchise ordinance duly passed by the governing body of the City and duly accepted by Company or its predecessor in interest; and WHEREAS, the City and Company desire to amend said franchise ordinance to provide for a different consideration. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1 THAT the consideration payable by Company for the rights and privileges granted to Company by the franchise ordinance duly passed by the governing body of this City and accepted by Company or its predecessor in interest is hereby changed to be five percent (5%) of the Gross Revenues, as defined in the franchise ordinance. Sec. 2 THAT franchise payments shall be made on the dates prescribed in the existing franchise and shall be for the rights and privileges of the respective period during which the payment is made. Sec. 3 THAT this ordinance shall take effect for all franchise fees from May 1, 2008. Company shall, within thirty (30) days from the receipt of this ordinance, file its written acceptance of this ordinance with the Office of the City Secretary, in substantially the following form: To the Honorable Mayor and City Council: Atmos Energy Corporation, acting by and through the undersigned authorized officer, hereby accepts in all respects, on this the day of 2008, Ordinance amending the current gas franchise between the City and Atmos Energy Corporation. Ordinance 0-08-1682 Page 2 of 2 Atmos Energy Corporation By: Vice-President, Mid-Tex Division Sec. 4 THAT in all respects, except as specifically and expressly amended by this ordinance, the existing franchise ordinance heretofore duly passed by the governing body of the City shall remain in full force and effect. Sec. 5 THAT the City shall provide a copy of this ordinance to Mr. David Park, Vice President of Rates and Regulatory Affairs, Atmos Energy Corporation, 5420 LBJ Freeway, Suite 1800, Dallas, Texas 75240, no later than ten (10) business days after its final passage and approval. Sec. 6 THAT it is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the time, place and purpose of said meeting was given as required. 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 .,, `~+ .~ , r~~..,: City of Colleyville Agenda Briefing File Number: R-08-2970 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com File Number: R-08-2970 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 05/20/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 7a Final Action: Secretary File Name: Consideration of appointments to the Celebrate Colleyville Steering Committee Attachments: Celebrate Colleyville Steering Committee Roster.pdf Celebrate Colleyville Steering Committee Applications for Appointment.pdf Resolution R-08-2970.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/20/2008 City Council Title Consideration of appointments to the Celebrate Colleyville Steering Committee Explanation Reading and Public Hearing There are three (3) vacant positions on the Celebrate Colleyville Steering Committee, one (1) with a term expiring December 2008 and two (2) with expiring terms of December 2009. The positions were advertised and Applications for Appointment accepted April 4, 2008 through May 5, 2008. There are three (3) applicants whose names are listed below and the applications are attached: • Ms. Shelley Johnson • Mr. Michael Muhm • Ms. Faye Alldredge Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 5/13/2008 Celebrate Colleyville Steering Committee VACANT TERM: -December 2008 VACANT TERM: -December 2009 Nancy Carroll 32 Villages Lane Colleyville, TX 76034 W: 817.732.1515 H: 817.503.7237 ncarroll(a~txtitleattorney.com TERM: July 2007 -December 2008 Sue Anne Martinez 1816 Maplewood Trail Colleyville, TX 76034 W: 972.453.6138 H: 817.542.1576 samarti66C~sbcglobal.net TERM: April 2008 -December 2009 VACANT TERM: -December 2009 Chuck Baudrau 6008 Bettinger Colleyville, TX 76034 W: 817.366.9216 H: 817.605.8979 F: 817.251.6366 cbaudrauCa7yahoo.com TERM: February 2008 -December 2009 Pete Challinor 3403 Queensbury Way Colleyville, TX 76034 W: 817.291.9911 H: 817.291.9911 petechallinor(c~sbcalobal.net TERM: April 2008 -December 2009 Jennifer Patterson 509 Frontier Court Collevyille, Texas 76034 W: 817.812.2853 H: 817.577.7420 M: 972.741.9169 iennifer(a~imarketinQCOrp.com TERM: April 2007 -December 2008 Revised 04-02-2008 Sherry Pipkin 3947 Spring Garden Drive Colleyville,Texas 76034 W: 214.630.9625 H: 817.864.0009 F: 214.684.3490 sherrvo1 anhotmail.com TERM: February 2008 -December 2009 Tom Westerman 308 Oak Valley Colleyville, TX 76034 H: 817.485.0911 M: 817.300.0881 00026011 Co~.airmail.net TERM: December 2006 - 2008 Robin Waggoner 6417 Remington Parkway Colleyville, Texas 76034 H: 817.428.1149 robinwagponer ansbcalobal.net TERM: December 2007 - 2009 COUNCIL LIAISON Carol Wollin 4600 Dartmoore Lane Colleyville, TX 76034 H: 817.281.3058 wollinc(a~ci.collewille.tx.us Revised 04-02-2008 APPLICATION FOR APPOINTMENT FOR CITY COUNCIL APPOINTED BOARDS, COMMISSIONS AND COMMITTEES PLANNING AND ZONING COMM/SS/ON AND ZONING BOARD OF ADJUSTMENT APPL/CANTS ARE REQU/RED TO F/LE FINANCIAL DISCLOSURE AND BUS/NESS CONFLICT OF INTEREST FORMS TWO (2) BUSINESS DAYS AFTER THE APPL/CAT/ON DEADL/NE. THESE FORMS ARE AVA/CABLE ON THE CITY'S WEBS/TEAT HTTP: //WWW. COLLEYV/LLE. COM/FILES/F/NANC/AL %20D/SCLOSURE%2OFORM. PDF OR BY CONTACT/NG THE C/TY SECRETARYAT 817.503.1 130. BOARD, COMMISSION OR COMMITTEE: (ONLY THOSE WITH CURRENT OPENINGS) 1 . _CELEBRATE COLLEYVILLE STEERING COMMITTEE 2. IF YOU ARE WILLING TO BE CONSIDERED FOR A BOARD, COMMISSION OR COMMITTEE OTHER THAN YOUR FIRST CHOICE, PLEASE LIST BELOW. 2. 3. NAME: MS. MRS. MR. SHELLEY JOHNSON ADDRESS: 4000 WINDERMERE DR HOME TELEPHONE: _8 1 7 283 4720 WORK TELEPHONE: _21 4 794 5906 BY PROVIDING AN EMAIL ADDRESS, YOU ARE CONSENTING TO THE RELEASE OF YOUR E- MA[L ADDRESS BY THE CITY. E-MAIL ADDRESS: JOHNSONTRE@MAC.COM FAX: KNOWLEDGE, EXPERIENCE OR EDUCATION APPLICABLE TO BOARD, COMMISSION OR COMMITTEE FUNCTION: 1 HAVE BOOKED LOCAL ENTERTAINMENT OFF AND ON FOR 20 YEARS. 1 KNOW A LARGE VARIETY OF QUALITY PERFORMS, STILT WALKERS, SINGERS, BREAKDANCERS, HIP HOP, CLOGGING, CLOWNS, ETC. I HAVE ARRANGED ENTERTAINMENT FOR JUEVENILE DIABETES, AUTISM, CITY OF ARLINGTON, LOCAL RADIO STATIONS, GRAPEFEST AND OTHERS. 1 REALLY LOVE THIS KIND OF WORK. 1'M VERY ORGANIZED AND CAN GET THINGS DONE gUICKLY. WE HAVE LIVED IN COLLEYVILLE FOR 7 YEARS. WOULD LIKE TO GET INVOLVED MORE. OTHER INFORMATION: (CITY SERVICE AND EXPERIENCE, CIVIC ORGANIZATIONS, INTEREST IN SERVING): CHECK IF ADDITIONAL MATERIALS ARE ATTACHED. DO YOU UNDERSTAND THAT ATTENDANCE AND ACTIVE SUPPORT IS REQUIRED FOR EACH APPOINTEE? _YES SIGNATURE:^SHELLEY JOHNSON DATE:_4 42008 ONCE P081TION8 HAVE BEEN FILLED, YOU MUST REAPPLY FOR FUTURE OPENINGS. ALL INFORMATION PROVIDED !S PUBLIC PURSUANT TO THE TEXAS PUBLIC INFORMATION ACT. PLEASE RETURN COMPLETED APPLICAT/ON TO: C!!Y SECRETARY, f 00 MA/N S7•REET, COLLEYV/LLE, TEXAS 76034, OFFICE.' 817.503. f 130 FAx.' 8 f7.S03. f 139 SINGLETONCG~C/. COLLEYV/LLE. TX. US Application for Appointment For City Council Appointed Boards, Commissions and Committees Planning and Zoning Commission and Zoning Board of Adjustment applicants are required to file Financial Disclosure and Business Conflict of Interest forms two (2) business days after the application deadline. These forms are available on the City's website at http://www, colleyville. com~les/Financial % 20Disclosure % 20form. pdf or by contacting the City Secretary at 817.503.1130. Board, Commission or Committee: (only those with current openings) 1. Celebrate Collewille Steering Committee Name: Michael Muhm Address: 6607 Connie Lane. Collevville, Texas 76034 Home Telephone: 817.329.3202 Work Telephone: 817.329.3202 Q~c~~aa~ APR 2 8 200F; CITY SECRETARY'S FFI By providing an a-mail address, you are consenting to the release of your a-mail address by the City. E-mail Address: mikeCa~recognition-sw.com FaX: 817.488.8829 Knowledge, experience or education applicable to Board, Commission or Committee function: Four years previous service on the Celebrate Colleyville Steering Committee knowledge of promotions and activities to enhance the event. Other information: (City service and experience, civic organizations, interest in serving): Citizen CIP Committee, Lions Club Do you understand that dance a active support is required for each appointee? Yes. Signature: Date: March 16. 2008 Once positions have been filled, you must reapply for future openings. All information provided is public pursuant to the Texas Public Information Act. Please return completed application fo: City Secretary, 100 Main Street, Colleyvflle, Texas 76034, Office: 817.503.1130 Fax: 817.503.1139 singletonc@ci. co/leyville. tx. us APPLICATION FOR APPOINTMENT FOR CITY COUNCIL APPOINTED BOARDS, COMMISSIONS AND COMMITTEES Planning and Zoning Commission and Zoning Board of Adjustment applicants are required ~~a~s~o~j and Business Conflict of Interest forms two (2) business days after the application deadline. t~ on the City's websife at htt ://yvww.colle ville.com/files/Financial%20Disclosure%20form. d y contacting the City Secretary at 817.503.1130. s MAY 0 1 .%OGri ~ ~~~ ~~~ ~~,~l~ezc. i~.~.~-~c,~. Board, Commission or Committee: (only t os~ with current openings) ECR~ARY~s 2 3 Name: Ms.~. Mr. Address:~l'~l, Home Telephone: `~ ~ ~~7?~~ 7 ~ 'INBTk Telephone: ~ "~ 2~~- ~ (~ ll C..(C_,. By providing an a-mail address, you are consenting to the release of your a-mail address by the City. E-mail Address: ~a~/~c~x'j~ Fax: I.~~o - U. I ~~~~~ ~~1-~'~_.~._,d a~m ~r~.?~ - ~ able. ~F -~ ~~~~r I(c~ h~ c1C~ ~~~ Dl~'~~ ~~~,~ Check if additional materials are attached. Do you understand that attendance and active support is required for each appointee? Signature: (~[~ ~~~~ ~' Date:' ~ I s .r ~ nce positions have been filled, you must reapply for future openings. All information provided is public pursuant to the Texas Public Information Act. Please return completed application to: City Secretary, 100 Main Street, Colleyville, Texas 76034, Office: 817.503.1130 Fax: 817.503.1139 Knowledge, experience or education applicable to Board, Commission or Committee function: Other information: (City service and experience, civic organizations, interest in serving): RESOLUTION R-08-2970 A RESOLUTION APPOINTING MEMBERS TO THE CELEBRATE COLLEYVILLE STEERING COMMITTEE WHEREAS, two (2) positions on the Celebrate Colleyville Steering Committee have an expiring term of December 2009; and WHEREAS, one (1) position on the Celebrate Colleyville Steering Committee has an unexpired term of December 2008. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following person(s) are hereby appointed to the Celebrate Colleyville Steering Committee to serve a term expiring December 2009. Sec. 2. THAT the following person is hereby appointed to the Celebrate Colleyville Steering Committee to serve a term expiring December 2008. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND _ ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~~ ~ 100 Main Street ,~`4 ~`a-,^~ City of Colleyville Colleyville, Texas 76034 ~g~~ (817) 503-1000 r~~°~ Agenda Briefing ~~colleyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 05/20/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 9 Final Action: Secretary File Name: Reports -May 20, 2008 Attachments: Planning and Zoning Commission Minutes -April 28, 2008 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/20/2008 City Council Title Planning and Zoning Commission Minutes -April 28, 2008 City of Colleyville Page 1 Printed on 5/15/2008 ~_"R~~ City of Colleyville 3, ~~ Minutes -Final .. r.:-...,~ Planning and Zoning Commission 100 Main Street Colleyville, Texas 76034 (817) 503-1000 www.colleyville.com Monday, April 28, 2008 6:75 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES REGULAR MEETING 7:00 P.M. 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on April 28, 2008 at 7:00 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Michael Clardy, David Phelps, Denis Duffy and Jeff Byerly Absent: Commissioner Scott Redfearn Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt, Robert McKeown and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Knox. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the April 14, 2008 meeting minutes with spelling corrections on pages 4 and 5. Commissioner Knox seconded. City of Colleyville Page 1 Printed on SH3/2008 Planning and Zoning Commission Minutes -Final April 28, 2008 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 -Redfearn 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. REGULAR AGENDA ITEMS 7a Approval of a Preliminary Plat of 6.4 acres on Tract 3B of Abstract 1543 in the George W. Teeter Survey for Carmel Place Estates Addition located at 1301 Glade Road, Case P-08-015 Ron Ruthven presented the case and briefed the Commission. Commissioner Dudziak questioned staff regarding if any ammenities were added since the previous discussion with the Planning and Zoning Commission with regards to the reduction of open space? Ron Ruthven replied the front portion along Glade Road will contain a meandering sidewalk with trees and open space as well as a pond at the back of the property that will be used as a detention pond. Commissioner Knox moved to approve case P-08-015. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 4 -Knox, Clardy, Phelps, Byerly Nay: 2 -Dudziak, Duffy Absent: 1 -Redfearn 8. PUBLIC HEARING AGENDA ITEMS 8a Approval of a replat of Lot 1, Block 1 of the Redding Addition located at 710 Glade Road, Case P-08-013 Justin Bass presented the case and briefed the Commissioners. Commissioner Phelps questioned staff regarding if there is an issue with having two commercial driveways on Glade Road? Ron Ruthven replied that the Engineering Department had requested one driveway entrance from Glade Road given that there is an existing driveway adjacent to the property that would restrict it to one access point. Commissioner Byerly opened the public hearing at 7:09 p.m. Joan Vandergriff, the applicant, 5317 Bluebonnet, came forward to City of Colleyville page y Printed on 5/13/2008 Planning and Zoning Commission Minutes -Final April 28, 2008 answer any questions. Commissioner Duffy questioned Ms. Vandergriff regarding what is the purpose of splitting the property? Ms. Vandergriff replied it would be easier to market with two commercial properties. She stated having no issue with one entrance on Glade Road. Discussion occurred between Commissioner Phelps and Ms. Vandergriff regarding the number of lots and access for each. Commissioner Duffy questioned Ms. Vandergriff regarding if both Glade properties would be served by one driveway? Ms. Vandergriff replied yes. Commissioner Duffy questioned Ms. Vandergriff regarding what the Old Glade Road entrance would serve? Ms. Vandergriff replied one of the three lots that is on the plat for consideration, 1 R1. She stated the new property owner could move the entrance if they so chose. Discussion occurred between Commissioner Duffy and Ms. Vandergriff regarding what structures would remain on the property. There being no one wishing to speak, the public hearing was closed at 7:15 p.m. Commissioner Phelps stated having concerns for the smaller lot on Glade Road. He stated both lots will be non-compliant on the Glade Road side. Commissioner Byerly questioned staff if the lot width is the only waiver that is being requested? Justin Bass replied yes. Commissioner Byerly stated not having an issue with the waiver request since there will be a common access for both lots on Glade Road. Commissioner Phelps moved to approve case P-08-013 as presented with the waiver request. Commissioner Byerly seconded. Commissioner Dudziak questioned staff regarding what exactly is the waiver? Commissioner Byerly replied the lot width. Commissioner Duffy stated the plat as presented does not benefit the city. Commissioner Byerly disagreed and stated the applicant wants to keep her business and sell the other two properties for future development. He stated if the applicant does not get the approval for the plat, then there is only one commercial lot. He stated there will not be another entrance from Glade Road that would cause a traffic issue. City of Colleyville page 3 Printed on 5/13/2008 Planning and Zoning Commission Minutes -Final April 28, 2008 Commissioner Phelps questioned staff regarding if there is language in the common access that would restrict only one driveway? Ron Ruthven replied the location of the driveway approach is based on the Land Development Code regarding the minimum spacing of driveway approaches. He stated the common access on the plat would allow the lots to only have access from the one driveway. Commissioner Phelps questioned Ms. Vandergriff if she was aware of that condition and if she is willing to accept it? Ms. Vandergriff stated yes. She stated she is very proud of the property and that the new owners will build with the same look as the old mayor's home. The motion failed by the following vote: Aye: 3 -Knox, Phelps, Byerly Nay: 3 -Dudziak, Clardy, Duffy Absent: 1 -Redfearn Commissioner Dudziak stated having a concern that once the lot is sold, the new owners will want another entrance onto Glade Road. He stated there is no control after the property is sold. He stated having a concern for the lot width. Commissioner Phelps stated this is to allow for the existing business to stay. He stated any waiver requests would have to come back before the Commission for approval. Discussion occurred between Commissioner Duffy and staff regarding the lot sizes and if something can be built on the properties. Discussion occurred between Commissioner Byerly and Commissioner Dudziak regarding what is being requested for the waiver. Commissioner Byerly moved to table case P-08-013 to the next meeting. Commissioner Phelps seconded. City Attorney Kallas reminded the Commission that if the plat is not approved by a motion within the 30 days that it will automatically be approved. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 -Redfearn City of Colleyville Page 4 Printed on 5/13/2008 Planning and Zoning Commission Minutes -Final April 28, 2008 8b Approval of a replat of Lot 1 R1, Block 1 of the Starbucks Addition located at 5520 Colleyville Boulevard, Case P-08-014 Justin Bass presented the case and briefed the Commission. Commissioner Duffy questioned City Attorney Kallas regarding if the Commission can approve the plat without the abandonment of Church Street? City Attorney Kallas replied the plat can be approved prior to the abandonment because there can be a condition on it that the abandonment can occur before the plat is filed. Commissioner Byerly opened the public hearing at 7:31 p.m. Kevin Patel with the Dimension Group, the applicant, came forward to present the case and brief the Commission. Commissioner Phelps questioned Mr. Patel regarding if the consolidation of this lot is to bring this lot into one body and will it affect any current development? Mr. Patel replied correct, it will not affect any development. He stated all requirements have been made for this project. There being no one wishing to speak, the public hearing was closed at 7:32 p.m. Commissioner Phelps moved to approve case P-08-014. Commissioner Knox seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 - Redfearn 8c Request fora replat for Lots 1 R-A and 1 R-B, Block 1 of the K.R. Marsh Addition on 5.7 acres being Lot 1, Block 1 of the K.R. Marsh Addition located at 2201 Oak Knoll Court, Case P-08-016 Justin Bass presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:33 p.m. Jenson Gainer, the applicant, came forward to present the case and brief the Commission. Commissioner Phelps questioned Mr. Gainer regarding the drainage and access to the creek. He stated he appreciated the effort regarding the issues being addressed. Mr. Gainer stated he understood the need for the city to gain access to the drainage easement for the clearing of City of Colleyville Page 5 Printed on 5H3/2008 Planning and Zoning Commission Minutes -Final April 28, 2008 debris in the creek area. Commissioner Duffy questioned Mr. Gainer regarding if the city can gain access to the property for clean up purposes? Mr. Gainer replied yes. There being no one wishing to speak, the public hearing was closed at 7:39 p. m. Commissioner Phelps moved to approve case P-08-016. Commissioner Dudziak seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 - Redfearn 8d Approval for a Special Use Permit for alcohol sales for off-premise consumption on a portion of Lot 3, Block 1 of the Tara III Addition located at 1101 Cheek Sparger Road, Suite 107A, Case Z-08-013 Justin Bass presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:41 p.m. Kathy Fontana, the applicant, came forward to present the case and brief the Commission. Commissioner Dudziak questioned Ms. Fontana regarding the hours of operation in the ordinance state 7 a.m. to 9 p.m. and will those hours of operation be acceptable? He stated if those hours are to be extended , then the applicant will have to come back before the Commission and amend the request. He stated now would be the time to request the time for the hours of operation. Ms. Fontana replied she did not know about that and stated she would like the hours to be extended to 10 p.m. Donna Cornell, 4009 Woodstock, spoke in opposition to the request. There being no one wishing to speak, the public hearing was closed at 7:47 p. m. Commissioner Dudziak moved to approve case Z-08-013. Commissioner Duffy seconded. Commissioner Phelps stated he would like to add a friendly amendment to the motion to include the sale of only beer and wine. Both movers concurred. Commissioner Dudziak stated he would like to add a friendly amendment City of Colleyville Page 6 Printed on 5/13/2008 Planning and Zoning Commission Minutes -Final April 28, 2008 to extend the hours of operation to be from 7 a.m. to 10 p.m. Both movers concurred. Commissioner Duffy stated this request is for off premise consumption. He stated there are two facilities that are currently in operation that serve alcoholic beverages. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Clardy, Phelps, Duffy, Byerly Absent: 1 - Redfearn 9 10. 11. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None COMMISSIONERS' COMMENTS AND REPORTS None ADJOURNMENT The meeting adjourned at 7:50 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 25, 2008 by 12:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on May 12, 2008. City of Colleyville page 7 Printed on 5H3/2008 RESOLUTION R-08-2971 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MAY 20, 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