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Home My WebLink AboutCity Council-Agenda Packets-6/3/2008-.`~ ~; ,, City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 3, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation by Commissioner Fickes regarding high speed rail initiatives PC-2 Presentation of the landscape design for the Bogart Drive Paving and Drainage Improvement Project PC-3 Discussion of changing the dates of regular City Council meetings PC-4 Discussion of designation of a voting representative to the North Central Texas Council of Governments (NCTCOG) PC-5 Discussion of the June 3, 2008 City Council regular agenda items PC-6 City Council Portrait Sitting 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Raman Chandler v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raul Rodriguez v. City of Colleyville (Bill Hudgins) City of Colleyville Page 1 Printed on 5/30/2008 City Council Agenda June 3, 2008 Sec. 551.074 - Personnel - Deliberate the assignment, duties, performance and evaluation of the City Manager Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Chester Hournbuckle, 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-08-2972 3. OATH OF OFFICE Administration of the Oath of Office to Councilmembers, Place 3 and Place 4 4. RECEPTION FOR CITY COUNCIL 5. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Presentation In recognition for service on ,the Colleyville City Council - Councilmember Rich Hendler Proclamation In recognition of the Colleyville Parks and Recreation 50th Anniversary - Monica Walsh, Director of Parks and Recreation 6. ELECTION OF MAYOR PRO TEM 6a Election of Mayor Pro Tem City of Colleyville Page 2 Printed on 5/30/2008 City Council Agenda June 3, 2008 7. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2973 7a Approval of the minutes of the regular City Council meeting of May 20, 2008 7b Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of May 27, 2008 7c Approval of a Mutual Aid Fire Protection and Emergency Medical Services Agreement with the Northeast Fire Department Association (NEFDA), and authorizing the City Manager to execute the Agreement 7d Approval of a donation of an emergency medical training mannequin from the Colleyville Rotary Club to the Colleyville Fire Department 8. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 8a 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 8b 0-08-1682 Approval to amend the existing gas franchise between the City of Colleyville and Atmos Energy Corporation (Atmos) 9. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 9a 0-08-1683 Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 10. RESOLUTION(S): READING AND PUBLIC HEARING 10a R-08-2974 Consideration of appointment to the Commuter Rail Committee 11. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA City of Colleyville Page 3 Printed on 6/2/2008 City Council Agenda June 3, 2008 12. REPORTS: Colleyville Senior Center Advisory Committee Minutes -March 20, 2008 Colleyville Trails and Sidewalks Committee Minutes -March 25, 2008 Colleyville Parks and Recreation Advisory Board Minutes -April 7, 2008 Colleyville Senior Center Advisory Committee Minutes -April 17, 2008 Commuter Rail Committee Minutes -May 5, 2008 13. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 3, 2008 - Reading and Public Hearing -Resolution R-08-2975 14. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on May 30, 2008, by 5:00 p.m. Cynthia Singleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 5/30/2008 City Hall ~ City of Colleyville 100 Main Street ~±,-~y Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/03/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-1 Final Action: Manager File Name: Presentation by Commissioner Fickes regarding high speed rail initatives Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/03/2008 City Council Title Presentation by Commissioner Fickes regarding high speed rail initiatives Explanation Commissioner Fickes will be present on behalf of the Texas High Speed Rail, to provide a brief presentation regarding high speed rail initiatives as requested by Councilmember Taylor. City of Colleyville Page 1 Printed on 5/27/2008 irv ~.~ __._~. ~ ^~ City of Colleyville 100 Mlain Street Colleyville, Texas 76034 ,;,°~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Engineering Department Agenda Date: 06/03/2008 Agenda No.: PC-2 Controlling Body: City Council Final Action: File Name: Presentation of the landscape design for the Bogart Drive Paving and Drainage Improvement Project Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 06/03/2008 City Council Title Presentation of the landscape design for the Bogart Drive Paving and Drainage Improvement Project Explanation A contract was recently awarded for the Bogart Drive Paving and Drainage Improvement Project. The design includes a three lane concrete street, drainage structures, replacement of an existing water main, a concrete trail along the south side of the roadway and a concrete roundabout at the intersection of Bogart Drive and Hall Johnson Road (see attachment). All street improvements are scheduled to be completed by the end of August 2008. Staff engaged the services of Chiang Patel and Yerby, Inc. to develop a unique landscaping plan to supplement the proposed Bogart Drive roadway improvements. The resulting design is intended to provide an enhanced level of aesthetics to the overall construction project and allow the creative vision of citizens and leaders in the community to be identified through the proposed landscaping theme. Chiang Patel and Yerby, Inc. will present the proposed landscaping plan and conceptual drawings for Council consideration. It is anticipated staff will initiate the bidding process by early July 2008 and will submit a recommendation to Council for award of contract in early August 2008. This schedule will permit irrigation and landscaping to begin in September 2008 and subsequent to completion of the street paving improvements. City of Colleyville Page 1 Printed on 5/27/2008 f ~~~`~~~ City Hall L '' ~~ City of Colleyville 100 Main Street Colleyville, Texas 76034 n'~~" ~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 06/03/2008 Status: Pre Council Controlling Body: City Council Requester: Office of the City Agenda No.: PC-3 Final Action: Secretary File Name: Discussion of changing the dates of regular City Council meetings Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 06/03/2008 City Council Title Discussion of changing the dates of regular City Council meetings Explanation In accordance with the City Charter, the City Council shall meet regularly at least twice (2) in every month at such times as a City Council may prescribe by rule. The City Council meetings are normally held the first and third Tuesday of each month except when those dates may conflict with an event or holiday. The City Council may consider changing the dates of City Council meetings as follows: The first regular City Council meeting November 4, 2008 to Wednesday, November 5, 2008, due to the National Election The second regular City Council meeting March 17, 2009 to Tuesday, March 24, 2009, due to Grapevine-Colleyville Independent School District spring break. City of Colleyville Page 1 Printed on 5/27/2008 +~ w ~~ City Hall (~ ~ ~ City of Colleyville 100 Main Street ~y Colleyville, Texas 76034 ~~~~~~" Agenda Briefing 817.503.1000 www.col leyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Office of the City Manager Agenda Date: 06/03/2008 Agenda No.: PC-4 Controlling Body: City Council Final Action: File Name: Discussion of designation of a voting representative to the North Central Texas Council of Governments (NCTCOG) Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/03/2008 City Council Title Discussion of designation of a voting representative to the North Central Texas Council of Governments (NCTCOG) Explanation The City of Colleyville is a member of the North Central Texas Council of Governments (NCTCOG). Under the NCTCOG bylaws, each member government is entitled to one voting representative on the General Assembly. The voting representatives must be an elected official from the governing body of the member government. The voting representative serves as a liaison between the local government and NCTCOG, receives publications and announcements, is eligible to vote on proposed bylaws amendments and for candidates to serve on NCTCOG's Executive Board. A city or county official must be a designated voting representative in order to be considered for service on the Executive Board. The current voting representative to NCTCOG's General Assembly is Mayor David Kelly. The NCTCOG annually requests recertification of voting representatives, usually following municipal elections. Staff secured an extension of the June 2, 2008 deadline, to June 4, 2008, to allow the new Councilmember to be seated. Staff seeks City Council direction to designate a voting representative to the NCTCOG. City of Colleyville Page 1 Printed on 5/27/2008 .2 ,., ~1 ~' ~ City of Colleyville 100 Mltain Street ~,j Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/03/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-5 Final Action: Secretary File Name: Discussion of the June 3, 2008 City Council regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/03/2008 City Council Title Discussion of the June 3, 2008 City Council regular agenda items City of Colleyville Page 1 Printed on 5/23/2008 q u~ ~ ~' ~ City of Colleyville 100 Mlain Street Colleyville, Texas 76034 "'~'" Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 06/03/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-6 Final Action: Secretary File Name: City Council Portrait Sitting Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/03/2008 City Council Title City Council Portrait Sitting City of Colleyville Page 1 Printed on 5/23/2008 ~~, ~ City of Colleyville City Hall ('~ ` 100 Main Street ~3 Colleyville, Texas 76034 °~~~~ Agenda Briefing 817.503.1000 www.col leyville.com File Number: File Type: Executive Session Version: 1 Agenda Date: 06/03/2008 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -June 3, 2008 Attachments: History of Legislative File Status: Executive Session Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 06/03/2008 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 5/23/2008 RESOLUTION R-08-2972 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF June 3, 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 ~ ~ City Of CO~~e~/V~~~e 100 Main Street .~Xrr.~ri'~F- ~~ Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyvil le.com File Number: File Type: Oath of Office Status: Oath of Office Version: 1 Agenda Date: 06/03/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Administration of the Oath of Office to Councilmembers, Place 3 and Place 4 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 06/03/2008 City Council Title Administration of the Oath of Office to Councilmembers, Place 3 and Place 4 Explanation City Secretary Cynthia Singleton will administer the Oath of Office to Councilmembers, Place 3 and Place 4. City of Colleyville Page 7 Printed on 5/23/2008 ". City Hall ;;iii .w~ .~ City of Colleyville 100 Main Street Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Presentation or Proclamation Status: Presentations or Proclamations Version: 1 Agenda Date: 06/03/2008 Requester: Office of the City Agenda No.: 5 Secretary File Name: Presentations and Proclamations -June 3, 2008 Controlling Body: City Council Final Action: Attachments: Councilmember Rich Hendler Presentation.pdf Colleyville Parks and Recreation 50th Anniversary Proclamation.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/03/2008 City Council Title Presentation In recognition for service on the Colleyville City Council -Councilmember Rich Hendler Proclamation In recognition of the Colleyville Parks and Recreation 50th Anniversary -Monica Walsh, Director of Parks and Recreation Cify of Colleyville Page 1 Printed on 5/29/2008 Im A~~-r~czatian ~~ ~I~'~ H~NI~L~R ~'vr ~~~c~~xt~~~~ ~~d ~r~~ce C~alle~ille +C:~ty~ Council ~,ooz-coos rOCYAtTYAtIDri r~ CITY OF Colleyville, Texas WHEREAS: the City of Colleyville is a progressive community, being known as an "address of choice" in the metroplex; and WHEREAS, through the vision of City Council, City leaders and residents, the Colleyville Parks and Recreation is celebrating its 50th Anniversary; and WHEREAS, the Colleyville parks system began in 1958 with the purchase of ten acres on Bransford Road; and WHEREAS, today, there are 13 named parks and five facilities within the City, encompassing 202 acres; and WHEREAS, the Colleyville Parks and Recreation department has proudly attained national recognition and awards; and WHEREAS, Colleyville Parks and Recreation offers programs and services for all, from classes in clowning to relaxation and health training, parks and structures reflecting the past, to modern state-of-the-art playground equipment. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, do hereby recognize the COLLEYVILLE PARKS AND RECREATION `ti 50TH ANNIVERSARY '.' and encourage all citizens to celebrate by participating in one of the many programs offered and enjoying all the City parks have to offer. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 3rd day of June 2008. May~i cur o, 1~ Texas ~ ~ City of Colleyville 100 Main Street y- rC f Colleyville, Texas 76034 Agenda Briefing 817.503.1000 vrww. co l l e yv i l l e. co m File Number: File Type: Election of Mayor Pro Tem Status: Election of Mayor Version: 1 Agenda Date: 06/03/2008 Requester: Office of the City Agenda No.: 6a Secretary File Name: Election of Mayor Pro Tem Attachments: City of Colleyville Charter excerptpdf History of Legislative File Pro Tem Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 06/03/2008 City Council Title Election of Mayor Pro Tem Explanation This item is provided in accordance with the City of Colleyville Charter, Section 3.06(6), for the purpose of electing from among the City Council, a Mayor Pro Tem, who shall serve for the term of one (1) year. City of Colleyville Page 1 Printed on 5/23/2008 l C HARTE R ~f C~tY o~#' ® e ?'exas Revised May 7, 2005 Section 3.06 Mayor and Mayor Pro Tem: The Mayor sha11 preside at all meetings of the City Council and shall vote on all issues. The Mayor, except as provided in 3.07, shall sign all contracts and conveyances made or entered into by the City, and all bonds issued under the provision of this Charter, and sha11 be the official representative of the City. The Mayor shall be recognized as the official agent of the City by the Court for the purpose of serving civil process. (Amended May 7, 2005) Immediately following the final swearing in of all members elected in accordance with Section 4.02 of this Charter, the new City Council shall in its first regular meeting, elect from among its members a Mayor Pro Tem who shall serve for the term of one (1) year. (Amended April 7, 1984) The Mayor Pro Tem shall, in the absence of the Mayor, preside at all meetings of the City Council and shall vote on all issues before the City Council. The Mayor Pro Tem shall perform all other duties of the Mayor during the absence or disability of the Mayor. (Amended April 7, 1984) In time of danger or emergency, the Mayor may take command of the Police and govern the City by proclamation and maintain order and enforce all laws. 6 RESOLUTION R-08-2973 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JUNE 3, 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 of May 20, 2008 b. Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of May 27, 2008 c. Approval of a Mutual Aid Fire Protection and Emergency Medical Services Agreement with the Northeast Fire Department Association (NEFDA), and authorizing the City Manager to execute the Agreement d. Approval of a donation of an emergency medical training mannequin from the Colleyville Rotary Club to the Colleyville Fire Department 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 RESOLUTION R-08-2973 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JUNE 3, 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 of May 6, 2008 b. Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of May 27, 2008 c. Approval of a Mutual Aid Fire Protection and Emergency Medical Services Agreement with the Northeast Fire Department Association (NEFDA), and authorizing the City Manager to execute the Agreement d. Approval of a donation of an emergency medical training mannequin from the Colleyville Rotary Club to the Colleyville Fire Department AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ~~,,, City Hall ~ .._ ~-~ City of Colleyville 100 Main Street ''(~ Colleyville, Texas 76034 City Council Minutes -Draft 817.503.1000 r ~~~~~ www.colleyville.com City Council Tuesday, May 20, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor Pro Tem Jon Ayers on May 20, 2008, at 5:32 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, and Mike Taylor were present. Mayor Pro Tem Jon Ayers, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Coordinator Ron Ruthven, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor David Kelly was absent. PC-1 Keep Colleyville Beautiful presentation and update Mr. Roger Nelson, Keep Colleyville Beautiful representative, provided an update of the Keep Colleyville Beautiful program and spoke regarding the annual cost of the program and the regulations for temporary signs. Mr. Nelson expressed appreciation to the City Council, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Administrative Secretary Wanda Drexel, Sign Technicians Mike Campbell and Homer Cruse and street adopters for the support and success of the program. He also recognized Mr. Chris Strittmatter for the donation and preparation of food for the volunteers and Mr. Eric Cook of Market Street for the donation of food. Councilmember Hendler expressed appreciation to Mr. Nelson for community leadership and the expansion of the Keep Colleyville Beautiful program. Councilmember Taylor expressed appreciation to Mr. Nelson for taking the Keep Colleyville Beautiful program to a new level. City of Colleyville Page 1 Printed on 5/28/2008 City Council City Council Minutes -Draft May 20, 2008 PC-2 PC-3 PC-4 1 Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Presentation of the Monthly Financial Report - April 2008 Finance Director Terry Leake presented the April 2008 Financial Report and stated the percentage of current year taxes collected is ahead of April 2007 and now exceeds 97% of the tax roll, and the sales tax revenue is 9.65% over the amount received in April 2007. Presentation of the Quarterly Investment Report Finance Director Terry Leake provided an overview of the Quarterly Investment Report. Discussion of the May 20, 2008 City Council regular agenda items There was general discussion of agenda item 5b, Ordinance 0-08-1680, regarding number of public parking spaces, fire safety and removal of the median. Parking space information, provided by the applicant, was distributed to the City Council. There being no further discussion, Mayor Pro Tem Ayers adjourned the Pre Council meeting at 6:20 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Pro Tem Ayers on May 20, 2008, at 6:21 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Rich Hendler, Tom Hart, and Mike Taylor were present. Mayor Pro Tem Jon Ayers, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Interim Fire Chief Russell Shelley, Fire Marshal Robert McKeown, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Coordinator Ron Ruthven, Planner Justin Bass, Parks and Recreation Director Monica Walsh, Communications Manager Mona Gandy, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 2 Printed on 5/28/2008 City Council City Council Minutes -Draft May 20, 2008 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 Mayor Pro Tem Ayers explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property, Section 551.74, Personnel, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:21 p.m. and reconvened at 7:31 p.m. INVOCATION: Councilmember Mike Taylor 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 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Wollin spoke regarding the future expansion of the Colleyville Public Library and the planning process and requested citizens provide input by completing an online survey at www.colleyvillelibrary.com. City of Colleyville Page 3 Printed on 5/28/2008 City Council City Council Minutes -Draft May 20, 2008 Councilmember Licata encouraged citizens of all ages, especially teens and tweens, to complete the survey. Councilmember Taylor announced he attended a seminar on the high speed rail initiative in Texas. Mayor Pro Tem Ayers presented a Proclamation to Steve Chutchian, Director of Public Works; Chad Bartee, City Engineer; Kelly Howell, Operations Manager; Ken Tywater, Utility Superintendent and James Watkins, Public Works ROAD-E-O Coordinator, in recognition of National Public Works Week. Public Works Director Steve Chutchian expressed appreciation for the hard work and dedication of the Public Works staff and invited everyone to the annual Public Works Road-E-O, a competition on handling heavy equipment, on Friday, May 23, 2008, in the City of Euless. Utility Superintendant Ken Tywater distributed caps to the City Council. 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 Mayor Pro Tem Ayers read Resolution R-08-2969 in its entirety. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor moved to approve Resolution R-08-2969. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 -Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -David Kelly City of Colleyville Page 4 Printed on 5/28/2008 City Council City Council Minutes -Draft May 20, 2008 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 Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1679. Mayor Pro Tem Ayers opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Councilmember Taylor moved to approve Ordinance 0-08-1679. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -David Kelly 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 Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1680. Community Development Coordinator Ron Ruthven stated the applicant amended the request to change the angled parking from a 30 degree to 45 degree angle on the street parking on the portion of Main Street between Village Lane and Pleasant Run Road and includes the removal of the median. Mr. Ruthven further stated staff supports the request to realign parking to a 45 degree angle and remove the median and reported the Planning and Zoning Commission recommended denial; therefore, approval of this item requires a super majority vote of the City Council. Mayor Pro Tem Ayers opened the public hearing. Mr. Jim Moore, 1416 Glade Road, spoke in favor of the proposed ordinance. Mr. Paul Zipperlen, 55 Main Street, spoke in favor of the proposed ordinance. City of Colleyville Page 5 Printed on 5/28/2008 City Council City Council Minutes -Draft May 20, 2008 There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Discussion ensued regarding the replacement of the median with a decorative median flush with the street pavement, future parking expansion plans, relocation of trees, parking regulations and fire safety concerns. Mr. Jimmie Archie,74 Casa Lane, applicant, expressed appreciation to the City Council and staff for the collaborative efforts to expand the parking in the Village at Colleville. Councilmember Taylor moved to approve Ordinance 0-08-1680, with the amendment to Section 4, subsection c, to replace the median with a decorative median, constructed with brick, stone or an approved surface that resembles brick or stone, and install the median flush with the pavement. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 -Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -David Kelly 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 Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1681. Community Development Coordinator Ron Ruthven provided an overview of the request for a Special Use Permit for the sale of beer and wine for off-premise consumption and stated since the opposition within 200 feet of the subject property exceeds 20%, approval of the request requires a super majority vote by City Council. The Planning and Zoning Commission agreed to the request of a closing time of 10:00 p.m. and recommended approval. Mayor Pro Tem Ayers opened the public hearing. City of Colleyville Page 6 Printed on 5/28/2008 City Council City Council Minutes -Draft May 20, 2008 Ms. Kathy Fontana, 737 Bluebonnet, Hurst, Texas, representing the applicant, was present to answer questions of the City Council. 6b 7. 7a Mayor Pro Tem Ayers read Resolution R-08-2970 in its entirety. Mayor Pro Tem Ayers opened the public hearing. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Discussion ensued regarding the type of business, reason for opposition, distance requirements from schools, churches and hospitals and terms of the Special Use Permit. Councilmember Hart asked the City Attorney if the Special Use Permit stays with the location or remains with the leaseholder. City Attorney Matthew Boyle stated the City Council can determine the terms of the Special Use Permit. 0-08-1682 Approval to amend the existing gas franchise between the City of Colleyville and Atmos Energy Corporation (Atmos) Mayor Pro Tem Ayers read the caption of Ordinance 0-08-1682. Assistant City Manager Kelly Cooper provided an overview of the proposed amendment to the gas franchise between the City and Atmos Energy Corporation. Mayor Pro Tem Ayers opened the public hearing. Mr. Jim Moore, 1416 Glade Road, spoke regarding the impact of the franchise fee increase to the citizens. Ms. Mary Jean Moloney, Atmos Energy Corporation (Atmos) representative, stated Atmos has no objection to the proposed amendment. There were no others present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. RESOLUTION(S): READING AND PUBLIC HEARING R-08-2970 Consideration of appointments to the Celebrate Colleyville Steering Committee City of Colleyville Page 7 Printed on 5/28/2008 City Council City Council Minutes -Draft May 20, 2008 There was no one present wishing to speak concerning this item and Mayor Pro Tem Ayers closed the public hearing. Mayor Pro Tem Ayers opened the floor for nominations. Councilmember Wollin moved to approve Resolution R-08-2970 appointing Ms. Shelley Johnson and Mr. Michael Muhm to the Celebrate Colleyville Steering Committee with a term expiring December 2009 and Ms. Faye Alldredge with a term expiring December 2008. Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 6 -Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -David Kelly 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: There was no discussion of this item. 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 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Wollin moved to adjourn. Councilmember Hendler seconded the motion. The motion carried by the following vote: Aye: 6 -Carol Wollin, Tony Licata, Rich Hendler, Jon Ayers, Tom Hart, Mike Taylor Absent: 1 -David Kelly City of Colleyville Page 8 Printed on 5/28/2008 City Council City Council Minutes -Draft May 20, 2008 Mayor Pro Tem Jon Ayers commended Councilmember Hendler for his service as a City Councilmember for six years and as a member of various boards, commissions and committees. He further stated that it has been great to serve with Councilmember Hendler. Mayor Pro Tem Ayers adjourned the meeting at 8:21 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 9 Printed on 5/28/2008 '~ City of Colleyville 4ii:~r'~i~~ .~ City Council Minutes -Draft Joint City Council and Planning and Zoning Commission City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.col leyville.com Tuesday, May 27, 2008 6:00 PM Colleyville Public Library, 110 Main Street The Joint Worksession of the Colleyville City Council and Planning and Zoning Commission was called to order by Mayor David Kelly on May 27, 2008, at 6:05 p.m. ROLL CALL: Councilmembers Tony Licata, Mike Taylor and Mayor David Kelly, Planning and Zoning, Commissioners Larry Knox, Mike Clardy, David Phelps, Denis Duffy, David Dudziak, Scott Redfearn and Chairman Jeff Byerly were present. City Manager Bill Lindley, Community Development Coordinator Ron Ruthven, Planner Justin Bass, Fire Marshal Rob McKeown, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Councilmember Tom Hart arrived at 6:10 p.m. 2. Mayor Pro Tem Jon Ayers, Councilmember Rich Hendler and Councilmember Carol Wollin were absent. Other attendees included: Ms. Susan Alanis, Planning and Development Director, City of Fort Worth, Mr. Peter McKone, Dunaway Associates, Mr. Michael bellies, Dunaway Associates, Mr. Wade Tidmore, Dunaway Associates, Mr. Robert Manthei, XTO Energy and Mr. Mike Smith, Fire Marshal, Town of Flower Mound Opening Comments 3. Presentation 3a Mayor Kelly stated presentations would be made by staff and guests, followed by a question and answer session. Presentation and discussion of Oil and Gas Well permit procedures and guidelines Community Development Coordinator Ron Ruthven presented an overview of oil and gas well permit procedures and showed a film, produced by the City of Fort Worth, regarding the Barnett Shale. Ms. Susan Alanis, Planning and Development Director, City of Fort Worth, provided information regarding oil and gas well drilling City of Colleyville Page 1 Printed on 5/29/2008 Joint City Council and Planning and City Council Minutes -Draft Zoning Commission May 27, 2008 procedures, how drilling co-exists with the needs of the citizens, the impact on the community, noise abatement, educational forum and the role of the Texas Railroad Commission. Mr. Peter McKone, Mr. Michael bellies and Mr. Wade Tidmore of Dunaway Associates, provided information and answered questions regarding the impact of oil and gas drilling on the environment. Mr. Robert Manthei of XTO Energy, provided information and answered questions regarding site restoration. 4. Adjournment Mayor Kelly expressed appreciation to the guests for sharing their expertise. There being no further business, Mayor Kelly adjourned the meeting at 8:04 p.m. APPROVED BY A VOTE OF AYES, NAYS AND _ ABSTENTIONS ON THIS THE DAY OF 2008. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 2 Printed on 5/29/2008 ~~ ~ City Hall ti~`~ ~~ ~ City of Colleyville 100 Main Street ~~~'~~ Colleyville, Texas 76034 ~~~~~~, Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Fire Department Agenda Date: 06/03/2008 Agenda No.: 7c Controlling Body: City Council Final Action: File Name: Approval of a Mutual Aid Fire Protection and Emergency Medical Services Agreement with the Northeast Fire Department Association (NEFDA), and authorizing the City Manager to execute the Agreement Attachments: Mutual Aid Fire Protection and Emergency Medical Services Agreement.pdf History of Legislative File Version: Date: Acting Body: Action Text: 06/03/2008 City Council Title Approval of a Mutual Aid Fire Protection and Emergency Medical Services Agreement with the Northeast Fire Department Association (NEFDA), and authorizing the City Manager to execute the Agreement Explanation Reading and Public Hearing The City Attorney has reviewed the agreement, which is an updated version of an agreement signed more than ten years ago. This is a mutual aid agreement for fire protection and emergency medical services, whereby the 14 member cities (Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake, Trophy Club, Watauga and Westlake) comprise the Northeast Fire Department Association (NEFDA) and agree to make their equipment, facilities and trained personnel available to one another when requested. All 14 cities are approving the agreement and it is anticipated all signatures will be attached by mid-June 2008. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 5/29/2008 Mutual Aid Fire Protection & Emergency Medical Services Agreement The State of Texas Tarrant County This agreement is made and entered into by and between the cities of Bedford, Colleyville, Euless, Grapevine, Haltom City, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlake, Trophy Club, Watauga, and Westlake, herein referred to as "Parties". This group of cities is also known as the Northeast Fire Department Association. It is mutually agreed that the Parties desire to enter into a mutual aid agreement for fire protection and emergency medical services wherein the equipment, facilities and trained personnel of each Parties city are available to the Parties in this mutual aid agreement on a requested basis. Now therefore, that it is agreed that in consideration of the mutual covenants, agreements and benefits to all Parties it is hereby agreed as follows: I. Scope of Services As used herein, the term "Responding City" shall mean the City receiving a request for assistance outside of its boundaries pursuant to this Agreement. "Requesting City" shall mean a city seeking assistance outside of its boundaries pursuant to this Agreement. During the term of this agreement, the Parties agree to provide, upon request, such fire protection and suppression personnel and equipment and emergency medical assistance and personnel and equipment that may be needed to assist in an emergency as long as that request does not affect the ability of the Responding City to provide emergency services within its own boundaries as determined by the Responding City's Fire Chief or his designee. It is expressly understood that such mutual aid requests shall be made to the Responding City's Fire Chief or his designee. The Parties agree that a request will only be made when an emergency occurs that requires assistance or when it is determined by the Requesting City and Responding City that it is mutually beneficial to provide assistance that is not of an emergency nature. The Parties agree: a. To maintain the work force and equipment needed to sufficiently control fires or other emergencies common to the saving of lives and property which are likely to occur within their respective jurisdictions: b. To maintain an emergency action plan for activating personnel within their respective jurisdictions; c. To maintain established procedures to handle emergencies; d. To provide all Parties with the current resources available to each respective City by type, staffing, and function that could be requested in an emergency. e. All Parties must utilize the Incident Command System (ICS) and be National Incident Management System (NIMS) compliant. II. Direction and Control The requested fire service or emergency medical equipment and personnel of the Responding City shall be under the direction and control of their own Officers/Supervisors, operating within the ICS, throughout the entire incident or emergency. The Officer/Supervisor shall report to the Command Post of the Requesting City for assignment and shall operate under the direction of the Incident Commander (IC). The fact that the tasks at hand in an emergency are dangerous in nature must always be considered and as such if the Responding City, providing mutual aid, determines that the request is unsafe, the respective City's Officer/Supervisor will take the appropriate action to assure their crews are as safe as possible. If an action is deemed to be unsafe, the IC will be informed and the respective Officer/Supervisor shall take actions necessary to protect their respective crew(s). III. Equipment and Consumable Goods The condition of the equipment must be the sole responsibility of its owner. If the equipment is damaged or destroyed during the Incident, the financial responsibility is the owner's which may be recovered through insurance acquired by the owner or any other resource available to the owner. Any consumable resources may be reimbursed by or through the IC's jurisdiction (Requesting Party) provided that sufficient funds have been appropriated for said purpose or if consumables can be recovered from the property owner or purveyor. The affected jurisdiction has a right to recover any and all costs of an incident from any resources available. If such recovery is possible, the Requesting City shall notify mutual aid Responding City of such possibility. In the event the incident receives a Disaster Declaration from the State or Federal Government, the jurisdictions involved shall be subject to local, state, and federal laws and regulations. IV. Term of Agreement /Consideration 4.01 Term. The terms of the Agreement shall become effective upon approval by the governing body for each respective Party hereto and shall remain in effect for an initial term of one (1) year commencing upon the date of each Party's signature below, which term shall renew automatically annually upon the anniversary date of this Agreement unless earlier terminated by a Party as provided herein. If a Party desires to opt out, the Party must give a 90 day notice of such intent. If a Party opts out, the agreement remains intact for the rest of the Parties. Adding Parties to the agreement will not affect the terms of the agreement. 4.02 Consideration. The Parties agree that sufficient consideration for this Agreement exists and is found in the cross promises set forth above and other good and valuable consideration. Each Party hereto paying for the performance of governmental functions or services shall make such payments from current revenues legally available to the paying Party. Each Party further agrees that it is fairly compensated for the services or functions performed under the terms of this Agreement. V. Amendments This Agreement can be amended or replaced by a majority of the Parties. All of the Parties must be notified in writing within 30 days and an open forum must be held in which all of the Parties have been invited to attend. The Amendment will not be effective to any Party that does not agree. VI. Compliance with All Applicable Laws The Parties shall observe and comply with all Federal, State, local laws, rules, ordinances, and regulations affecting the conduct or services provided and their performance of all obligations undertaken by this Agreement. VII. Legal Considerations All local, State and Federal Laws shall supersede any provisions made in this Agreement. Any provision so effected will not negate the rest of the Agreement. In case any one or more of the provisions contained in this agreement shall be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision thereof and this Agreement shall be construed as if such invalid, illegal, unenforceable provision had never been contained herein. Venue for any proceeding under this Agreement shall be in Tarrant County, Texas. This agreement shall become binding and effective as to each individual Party upon signature by an authorized representative of such individual Party. VIII. Liability /Governmental Immunity All civil liability arising from the furnishing of fire/EMS protection services under this Agreement shall be assigned to the Party actually providing the equipment, services, and manpower pursuant to Texas Government Code, Section 791.006 (a-1) and the assignment of liability is intended to be different than liability otherwise assigned under Texas Government Code, Section 791.006 (a). Notwithstanding the foregoing, the fact that Parties hereto accept certain responsibilities relating to the rendering of Fire Protection and Emergency Medical Services under this Agreement as part of their responsibility for providing protection for the public health makes it imperative that the performance of these vital services be recognized as a governmental function and that the doctrine of governmental immunity shall be, and it is hereby, invoked to the extent possible under the law. No Party hereto waives any immunity or defense that would otherwise be available to it against claims arising from the exercise of governmental powers and functions. IX. Insurance Each Party shall provide liability insurance to cover the acts and omissions of its respective officers, employees, and agents' obligations under this Agreement, including but not limited to all personnel providing Fire Protection and Emergency Medical Services as set forth herein. X. Non-Waiver All rights, remedies and privileges permitted or available to any Party under this Agreement or at law or equity shall be cumulative and not alternative, and election of any such right, remedy or privilege shall not constitute a waiver or exclusive election of rights, remedies or privileges with respect to any other permitted or available right, remedy or privilege. Additionally, one instance of forbearance by the any Party in the enforcement of any such right, remedy or privilege against any other Party, shall not constitute a waiver of such right, remedy or privilege by the forbearing Party. A default by any Party under this Agreement shall not result in a forfeiture of any rights, remedies, or privileges under this Agreement by such defaulting Party. XI. Signature Authority The undersigned officer and/or agents of the Parties hereto are the properly authorized officials and have the necessary authority to execute this agreement on behalf of the Parties hereto and each Party hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. CITY OF BEDFORD City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF COLLEYVILLE City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF EULESS City Manager ATTEST: City Secretary APPROVED AS TO FORM: CITY OF GRAPEVINE City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF HALTOM CITY City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF HURST City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney City Attorney CITY OF KELLER CITY OF NORTH RICHLAND HILLS City Manager City Manager ATTEST: ATTEST: City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney CITY OF RICHLAND HILLS CITY OF ROANOKE City Manager City Manager ATTEST: ATTEST: City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney CITY OF SOUTHLAKE CITY OF TROPHY CLUB City Manager City Manager ATTEST: ATTEST: City Secretary City Secretary APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City Attorney CITY OF WATAGUA City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney CITY OF WESTLAKE City Manager ATTEST: City Secretary APPROVED AS TO FORM: City Attorney ~n ,r n; I _~ ~ City of Colleyville 100 Main Street ^` Colleyville, Texas 76034 °~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 06/03/2008 Controlling Body: City Council Requester: Fire Department Agenda No.: 7d Final Action: File Name: Approval of a donation of an emergency medical training mannequin from the Colleyville Rotary Club to the Colleyville Fire Department Attachments: City of Colleyville Donation Policy.pdf City of Colleyville Donation and Transfer of Title.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/03/2008 City Council Title Approval of a donation of an emergency medical training mannequin from the Colleyville Rotary Club to the Colleyville Fire Department Explanation Reading and Public Hearing The Colleyville Rotary Club wants to purchase and donate to the Colleyville Fire Department, a training mannequin to be used by department paramedics. The mannequin will cost $3,425.23 and will be paid for through a National Rotary Club grant, which was awarded to the Colleyville Club. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 5/29/2008 CITY OF COLLEVILLE DONATION POLICY The City of Colleyville encourages donations to the City in support of its programs, services, collections and facilities, for the enhancement of Colleyville. The purpose of this donation policy is to provide a consistent and uniform policy for donation to the City of Colleyville; and to provide the donor knowledge of the policies under which the donation is given and accepted. All boards, commissions, committees, and City Council shall comply with this policy. All departments and employees of the City of Colleyville remain subject to the City of Colleyville Personnel Policy and Procedures Manual, however employees and departments shall comply with these policies. In the event additional policies of the Colleyville Center, the Library, the Parks Department, or any other City of Colleyville entity conflict with this City of Colleyville Donation Policy, this policy shall take precedent and supersede the policies of those entities. Donations from the Friends of the Library and the Library Foundation are exempt from this policy. The Librarian will report donations to the City Council. All donations shall be made to the City of Colleyville by use of the uniform City of Colleyville Donation and Transfer of Title form. Specifications including plans, drawings, photographs, or details pertinent to the donated item, including anticipated annual operating cost, shall be attached as a part of the form. All spaces on the form shall be completed or noted if not applicable. Any special stipulations, including location and use of a donation, shall be established in the Stipulation section of the Transfer of Title form. If no such stipulation is recorded on the form or the addendum as a part of that section, the City shall have the right to use the donation as determined by the City, free of encumbrances. The City reserves the right to refuse a donation. The donor reserves the right to withdraw the donation before formal acceptance by City Council. In a multi-item donation, items may be accepted on an item-by-item basis. Items donated for exhibit will be subject to a rotation of exhibit time in order to provide a variety of exhibits, and to protect items adversely affected by exhibition. The City shall have the right to determine times of exhibit. Proper preservation and care of donated item(s) shall be defined under Stipulations if necessary. The City of Colleyville shall not place a monetary value on a donated item; nor shall the City issue a receipt or record a monetary value that has been determined by the donor. Subsequent City insurance/accounting valuations necessary to meet standard city procedures are separate and apart from the donation process. When both the signature of the Donor and of the Mayor, representing the City Council's approval, complete the Donation and Transfer of Title document, the donation becomes the property of the City of Colleyville. A copy of the completed Donation and Transfer of Title form shall be given to the Donor as the donor's record of donation. Donations of funds are welcome. The City shall expend those funds on materials, equipment or projects acceptable to the donor if requested. Donated funds shall be deposited in donation fund accounts when defined, and shall not be intermingled with the General Fund or donation fund accounts of other departments, boards or committees. Funds and services-in-kind provided to City of Colleyville sponsored events Celebrate Colleyville and Colleyville Proud Clean Sweep shall comply with this policy in the form of a final report. Funds below $1,000 will be excluded from these policies. Loans of items shall not be accepted by the City of Colleyville. Exceptions for special items or events shall be evaluated by the City Council, and require approval by the City Council. CITY OF COLLEYVILLE DONATION AND TRANSFER OF TITLE I/We L-(~~~LL~ /~~l C (~..~~~ hereby give, assign, transfer, and set over to the City of Colleyville all of my rights, title, and interest in the materials described below: S ~ /~.~(~,~r ~../L~ ~~ l~t? u~~ l K t rt ~~ unds _-~ ~! ~ z~ Stipulations (if any) /Y/G~ Specifications/Plans/Photos/Annual cost to city: Attached None cJ'' I have read and understand the Donation Policy of the City of Colleyville, and accept the provisions of that policy. : Signature of Donor(s~ ent Date ~'~~•~~~'',-? Date L~ Address of Donor ~ r' ~~ -' f/ ~ - /~~ _ - - City (. ~~--L~ YU~c:..~i:`~= State~~`` ZIP lG~~='=~4- Phone Numbers: Home %~ ~ ,~ ' ~ I ~ ,r~: LL. `j' Office RECEIVED by By Council Approval Date. Resolution/Ordinance Number ACCEPTED for and in behalf of the City of Colleyville By or (T Board Date S \2~~ C~ Mayor, City of Colleyville Date Accession Number ~ ~+ City Hall ~~~~~~~~ City ~f CO~~e~/V~~~e 100 Main Street ,~~ ... Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1681 File Number: 0-08-1681 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 06/03/2008 Agenda No.: 8a Status: Second 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: 1 04/28/2008 Planning and Zoning Commission 1 05/20/2008 City Council 1 06/03/2008 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 Second Reading and Public Hearing There were no speakers at the May 20, 2008 meeting regarding this request. Per the recommendation of the Planning and Zoning Commission, the proposed hours of operation for the business have been changed to 7:00 a.m. to 10:00 p.m. from 7:00 a.m. to 9:00 p.m. in the draft ordinance. 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. City of Colleyville Page 1 Printed on 5/28/2008 Agenda Briefing Continued (0-08-1681) 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. 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. City of Colleyville Page 2 Printed on 5/28/2008 A_aenda Briefing Continued (0-08-1681) 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. Cify of Colleyville Page 3 Printed on 5/28/2008 Location and Zoning Map 9009 9009 9003 900G 907 1001 1003 1007 -1000 x002 X043 803 941 903 905 100 ~ 9041 900 9ao9 10001141 390f, 3908 , j 4001 I r ~-~_~ ~)~, __ - ~ ~~ ifN)1 t~ ~~iw,'r 3946 ~~~ 396 x002 !~ ti ., ~~~~~~` f~942 f'~tfC~Rlll+' ~------~--~ 3~#os ` ~~ aJ16 '` r 3'09 1 ~ 3905 ~- is ~ 1~ ~ ~ _ ` ~y~ + 39U6~ °°~ 9a~9 '1ti~ '~ ~ It@ ~ 942 ~ ~----, ~ 1 ~ .,'3400 ~ 303~i° 39Q~ ~ 1 1 1 ?908 ~ .r,_ h Y ~ ~ 39tKi ~-'' 'e G / 3`}02 ~ 1 PUDC --~.__ 145 ' ,~ -_ ~~~„---~.__/~900 3s i5 ~ _ 3944 ~ i1n ~-----~_ N `----- 38~16 R4 3s4o 3ao9 a~4s AG 90t - 380 380 3805 371G 3716 3719 3709 3708 3708 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 Coppenvood Ct Colleyville TX 76034 3904 Coppervvood 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 8~ 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 Copperwood 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) ff Q,,tf cQ ~Q (.~~ A rr~ ~-e~ s~. , r~ 4D ~o ~ se4~ /a ~~i'6w1 ~ S~f 2sl~ - ~j ~ L d ~ G ~ o ~o f/e~~t~~~~r2'~ ~~ C Mr Mre Stephen CoWnn 10091nwood Ln Colleyville, TX 760343848 Signature: ~~~ ~~~~~- ~ G.-~.~ (Phone No.)~ 1~4?.~(~~c. ~~ ~~ 't`0~~-tK., Direct questions and mail responses to: /ao 9 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 ' 0:817.503.1050 ~' F: 817.503.1059 ~'. ~ I APR 2 1 2008 ;' . ~ ~~r,,, Print Name and Address, or Lot, Block and Subdivision: 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: -r- i ~~Q~~ C, l_.N1 U~ C~~ CCU L~ ~~. ~~~t~ -+~'~T-~1 G Phone No. Signatu~ ,~~I~J ? ,~//t~Q2 ~ ( ) ~S ~ ~ f~ c~ ~/~ . and ~I responses to: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 RECEIVED O: 817.503.1050 F: 817.503.1059 t~j ~' ~' " ~ i;,s~ 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 FAX NO. :8175146265 Apr. 22 2008 10:27gM Pl 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 f101 Cheek Sparger Road, Suite 107 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, APRIL 23.2006. P~csr,~un to Rss~ond: As (a Prope-ty owner within 500 feet of the subject tract) or (art interested atizen), I (approve) (protest) and/or (have the following commenffi) it1~~~r~ f i ~' ~ r~~ d ~cc -fin ~fte Ytk,#u,~-~ o~ ou,l- print Name and Address, or Lot, Block and Subdivision: r Signature: (Phone No.) ~I^1- ~l~- (o~la~3 pinct questions and maul r+ssponses to: Community Development Department City of Colleyvilie 100 Main Street Colieyvillo, TX 76034 O: 817.503.1050 F: 817.503.1059 RECEIVED qp~ `L X lU~'= Per ............. i ~~ iyl'C1 u[.~ 15 ~t)ho ij'1/i ~ ~en~ Q,~~,~i~a l ih ~.~ Cc~e_ ~.____-- 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) ,1, Print Name and Address, or Lot, Block and Subdivision: S o..p~~ bra lG ~~~/ v ~~S ,'.a., Signature: ~ ~ //lQ (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 '~~'K 2 2 1.OiJ8 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 Prope Owne within 500 feet of the subject tract) or (an interested citizen), I (approv rote nd/or (have the following comments) n Print Name and Address, or L t, Block and ~ s~- A m AI4~W Signature: (Phone No.) l ~ ~ ~~~~ 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 'vi_~_~1"/i I_ 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 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 ro e n ithin 500 feet of the subject tract) or (an interested citizen), I (approve rote nd/or (have th followin com nts) • ;w ~~ Signature: (Phone No. Direct questions and mail responses to: Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 0: 817.503.1050 F: 817.503.1059 1~^ 4R'„Y Y } APR 2 3 2008 9'~ CITY OF COLT F"' BUILD1P"' Print Name and Address, o ot, lock and Subdivision: ,39'00 -~ CT' . 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 rope ~ e ithin 500 feet of the subject tract) or (an interested citizen), I (approve profs t) andlor (have the following comments) Print Name Address, or Lot, Block and Subdivision: w l.. ~ ~~~ B~~ cf~ 1Nr~ ~" a ~o~ ~- ~~ ~ a-33q Signature: No. Direct questions and mail responses to: Community Developmentbepattment City of Colleyville 100 Main Street Colleyville, TX 76034 • O: 817.503.1050 F: 817.503.1059 5-4~~Y~ :.~ ~, APR 2 3 2008 _.....~.._.. ~.w._._..,~.. CITY OF ;~~>~:..~:. r'dlLI,.E 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) (pr_ o_ test) and/or (have the following comments) ..D~.(i~'iS.B7~i1~GC~-e-G~ .-~2r~' :s~ii,~r~:,i, ~ - ~-T' f,-~.c_..~~~~,~ -~'LO~'c-~-Jc. Print Name and Address, or Lot, Block and Subdivision: ~e y~NA~n~7' ~ ~~ ~5 r~ gn/ f~-~ ~~Ei~ ~ ~~~~~ ~E~l=o~y C~ C~oC.GG-'y~I~CE ~1~03y Signature: -/ 1 ' /G~':~r~~. (Phone No.) 8 /7~-a 8 ~ - y3~~ 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 Statement of Planning Objectives X009 ~i~ (~~ ~.~ #!07 ~oe~, ~~' x'603-~ 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 OBJECTIVES 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 ~~AR ,# ! l[~OF 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 tune consuming. Amore's Restaurant, in the cenfier, 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 center 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, ~ ~~~ Kath Baer Uand Hal Baer Y g g 32118 Paseo Adelanto #3 San Juan Capistrano, CA 92675 949-489-5622 Jeff Fontana 817-683-4466 <-~r.~ I:~n Exhibits Pr vi ~d,b Applicant }~x~ibityB ~U09-I :Uf C'hcck Sparer Rna~, C:ul}eyville. 'X76034 12:A t ~ ; D a`d Drr, rfi, t ~ ~~ 1(au..,,x,- 1 .- - w „o I 14T7rQ ?tua ~ , ~ Pasta ~ ?JaA ! ~ ClayMaGon rlaeter Nan Taakwcndo 1074 ~0. CaTr~ ?OR Gr~~snne Cetlara, CaMr. ! a i ~' ~ ~~ I I ~ N i ~O ~~ rV ~ ~ ~ N ~ ~ ~ rn c ~ Yr a~ ~ 1 u ~ ! ~ , . (~~ \ Z ~ w ~ ' ~ / 9 4 1 ~;',ff~~ .~ ~ CJ/G.-. 1 / ~ Tpra Nail 3 Tan ,as 103 m.~r~~r+e Pits ? oa ' ~p~ ;M~-rh~M-ril Oows, 1 ~ /. l'9~~T ~ rr// fnr RNSrnnc~ Ony ~ ~~ ~,1~r'~ 19/25 vr; ~ i/~uvi uu:~a txx ~pp ...7 1 Q i ~G~~ ./1 l •~Tw L3~ ~ err---~ -r~ u,A~ ~ ~ _! __r.~_.~- ~~~~f~~ ~, s~ a f--~ ~~~° ~ , ~, 3 _1 ~ ~ ~ . ~ ~~ TAf~A VIL~.AG~ su~r~ ~o,-a fi~~~~ ~ ~~ ~^ ri~~r I~ 003/003 Ili ~~ ^ ~r © ~l lD ~ ~ ~ r o ~.E Faonr -~ __~ .., ~~~~~ J~Z~1 3333 ~7 LLo ~v N ~ r ~~ ~D ~A. J_ 1 O 0 ~- N O 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 othenivise, 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 ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map NORTH 803 901 903 905 907 1001 1003 '1097 '1005 1001 1002 X1043 001 X401 1006 1000 1002 1003 x001 1001 3~0~; 3908 .1901 -- 1000 z ~~ ' ` ~ "1 „` .. 7 1002 ~~ r° f J < ''~ 3396 ~. ~-- ~ j ~05 X101 ---__~ 1 34f7 ~ ~ ~ - 3903 ~ 3t~92 ; ~~ ~ ~ ~ 3<,~,; t, t 3995 3~i01 J -~_ ~ ~, 909 ~ ~ ~ Site ~~~ _ .~-~., ~' 390+. j, .-'~~92 ; ~~ ._~..., ~ = ~~ ? ~~~ ~ ~~9 ~l ~ ~ 3999 ~ ~ 3`~ill~ ~E ~~ ~3r~9a ;~.~n+a' ~ ~ ~-' '; -rt 3992 ~ l _1 ,i . ~ - 195 _ 3900. 3$i' 0" -- 1109 N PUDC 3s i6 R40 ~<90 3809 3808 y~11 3ao6 Sao AG 3so5 3716 3716 3714 3709 37:08 3708 Exhibit "B" -Lease Area Map ~~ -~~~ ~..~ e ~ .~. ~ ~ ~~' r f ~,~ ~. ~~ ~, ~ ~' ~ ~- /`i : : r:~ `_~ _ ~ it.l h: 't+Y ~e ~111Z A" ^~ t , i ~ Gener~- Stone L<~~c~tion ~ ~~ ~ ~ ='~ ~' ~' ~~~ ~ ~. >> gin,.,. j ~ ~ ~ d7' RNM+r4c• v+t ~ 1 ( ~~ t f ~'i ~~ City Hall (,'`~ ` ~ City of Colleyville 100 Main Street ~y Colleyville, Texas 76034 :;;:,: Agenda Briefing 817.503.1000 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: 06/03/2008 Agenda No.: 8b Status: Second 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.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 05/20/2008 City Council 1 06/03/2008 City Council Title Approval to amend the existing gas franchise between the City of Colleyville and Atmos Energy Corporation (Atmos) Explanation Second Reading and Public Hearing One citizen spoke in opposition at the May 20, 2008 meeting. Staff has received additional information from Atmos and the Atmos Cities Steering Committee to assist in understanding the customer adjustment. The fee increase is not a percentage of a customer's total bill. It is a percentage of a line item on the bill called "tax fee charge rider ff." This fee will change each month based on usage, generally lower in the summer months and higher in the winter months. If for example, the "tax fee charge rider ff' is $1.00 per month, the increase in the franchise fee from 4% to 5% will total $0.25. The Atmos representative has clarified the average monthly residential increase for Colleyville is more likely in the range of $0.20 - $0.50 monthly, depending on usage. The average non-residential (commercial) customer increase will be approximately $3.50 per month, depending on usage. 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. City of Colleyville Page 1 Printed on 5/27/2008 Agenda Briefing Continued (O-OS-1682) 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. 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 5/27/2008 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 x.11\' r~/ u w~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~=~~~~ Agenda Briefing 817.503.1000 www.colleyvil le.com File Number: 0-08-1683 File Number: 0-08-1683 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 06/03/2008 Agenda No.: 9a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Surrey located at 7011 Colleyville Boulevard, Case Z-08-015 Attachments: Location and Zoning Map Notification List Letters of Opposition Statement of Planning Objectives Zoning Exhibits Ordinance 0-08-1683 History of Legislative File Version: Date: Acting Body: Action Text: 05/12/2008 Planning and Zoning Commission 06/03/2008 City Council Title Approval of a request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 Explanation First Reading and Public Hearing Jason Williamson submitted a request to rezone 0.6 acres of land located on the east side of Colleyville Boulevard, south of John McCain Road. The applicant is requesting to rezone the property from AG-Agricultural to CC1-Village Retail. Existing Conditions. The property is currently developed as a single residential lot that contains an existing home. The subject property is currently not platted and is only accessible by a 24 foot common access easement linking the property to Colleyville Boulevard via the properties to the south and southwest of the subject property. Proposed Development. Upon approval of the rezoning request, the subject property will be platted into the existing subdivision called The Gardens, located on the adjacent properties, currently zoned CC1-Village Retail and owned by the applicant, immediately to the west between the subject property and Colleyville Boulevard. The resulting replat will create a single four acre lot fronting on Colleyville Boulevard that the applicant intends to develop for office and retail uses. The proposed development is shown on the attached site plan submitted by the applicant. City of Colleyville Page 7 Printed on 5/29/2008 Agenda Briefing Continued (O-OS-1683) The portion of the proposed development that contains the subject property will be utilized for on-site drainage retention and parking. Landscaping and Buffering. Chapter 4 - Landscaping and Buffering in the Land Development Code requires a minimum twenty (20) foot wide green belt of "live plant material of the evergreen variety" which is expected to grow to six (6) feet height in two (2) years, a minimum of three (3) feet in height at the time of installation and planted on six (6) foot centers, for the entire distance along which the development abuts the residential district, Longwood Estates at Ross Downs, located to the east of the subject property. Additionally, the Land Development Code requires a minimum 8 foot wood or masonry screening fence to be built along the entire length of the property line along which the development abuts the residential district to the east. Lot Sizes. The applicant has submitted an exhibit illustrating the existing property boundaries. The CC1 zoning district requires a minimum lot area of 15,000 square feet, lot width of 150 feet and lot depth of 120 feet. This site does not contain sufficient width, or length, to accommodate the CC1 zoning district development standards. The current lot dimensions are approximately 102 feet from east to west, and 280 feet from south to north. Therefore, the property does not comply with the CC1 lot configuration standards regardless of whether the property fronts to the south or to the west. This deficiency, however, will be addressed upon the proposed platting of the property as described. Master Plan. The Colleyvil/e Master Plan designates the future use of this area for retail type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. Surrounding Development Trends. The surrounding properties represent a variety of zoning districts within the City. The property to the north is zoned ML-Light Industrial and is being redeveloped as a carwash; the property to the south is zoned AG-Agricultural and contains a single family home; the property to the west is zoned CC1-Village Retail and is currently undeveloped, and the properties to the east are zoned PUDC-Planned Unit Development Commercial and PUDR-Planned Unit Development Residential and are developed as single family residences. Public Notification. Staff mailed notices to 18 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received four letters of opposition regarding the request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the rezoning request at the May 12, 2008 meeting by a vote of 5-0. City of Colleyville Page 2 Printed on 5/29/2008 Agenda Briefing Continued (0-08-1683) Summary. The proposed zoning request complies with the Colleyville Master Plan. Although the proposed lot does not meet the CC1 zoning requirement with regard to lot width, the proposed incorporation of this lot into The Gardens subdivision, pending approval of this zoning case, will allow the property to satisfy all CC1 zoning district requirements. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 5/29/2008 Location and Zoning Map Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Unique Landscaping Design 7111 Colleyville Blvd Colleyville TX 76034 7111 Colleyville Blvd Rtan-Rtan Enterprises Inc 4424 Young Dr Carrollton TX 75010 7109 Colleyville Blvd # B Unique Landscaping Design & 7111 Colleyville Blvd Colleyville TX 76034 7111 Colleyville Blvd Pecan Creek Village Ctr Ptr 5613 Dtc Pkwy Ste 800 Greenwood Village CO 80111 7101 Colleyville Blvd Rosado, Juan R Etux Marianela 2208 Danielle Dr Colleyville TX 76034 2208 Danielle Dr Kuhn, Alyce 2204 Danielle Dr Colleyville TX 76034 2204 Danielle Dr Hampton, Anthony C Etux Cather 2200 Danielle Dr Colleyville TX 76034 2200 Danielle Dr Hudson, Rocky & Cynthia 7011 Colleyville Blvd Colleyville TX 76034 7011 Colleyville Blvd Gardens Comm Partners Ltd 3930 Glade Rd Ste 108 Colleyville TX 76034 7013 Colleyville Blvd Gardens Comm Partners Ltd 3930 Glade Rd Ste 108 Colleyville TX 76034 7013 Colleyville Blvd Hamraee, Farzin Etux Afsaneh 2209 Danielle Dr Colleyville TX 76034 2209 Danielle Dr Bates, Stephen L Etux Jana 2205 Danielle Dr Colleyville TX 76034 2205 Danielle Dr Devonshire, Patricia L 2201 Danielle Dr Colleyville TX 76034 2201 Danielle Dr Brown, Diana Mane 2302 Still Point Ln Colleyville TX 76034 2302 Still Point Ln Elborai, Adel M Etux Nadia M 2300 Still Point Ln Colleyville TX 76034 2300 Still Point Ln Ramsey, William A Etux Deena A 6918 Meade Dr Colleyville TX 76034 6918 Meade Dr West, Cheryl Ann & Diane Myers 7009 Colleyville Blvd Colleyville TX 76034 7009 Colleyville Blvd Olarte, Guillermo Etux Ligia 6916 Meade Dr Colleyville TX 76034 6916 Meade Dr Gardens Commercial Partners, appli 3930 Glade Rd Ste 108 Colleyville TX 76034 Colleyville Blvd Public hearing notices were mailed on Thursday, May 1, 2008 by Amy Shelley. Signature Letters of Opposition Request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case L-U&015 M.~.. WRI~T~T tN (:UMMENTS MUST BE RECEIVED BY THIS OFFICE NO IATER TI IAN 5 P.M. ON WEDNESDAY, May T, 2008. As and/or (have the following (an Interested citizen), 1 b i .. n ~ _ . Print Name and Address, or Lot, Block and Snubdivision: /~ ~ /~ Sgnatur®:.. ~ `~~~,n~_L/~}/Lt ~.r~ _____ (Phone No.1~~7~ ~ ~s1C~ Direct questions and mail responses to: Community Development Department City of Cg1lPyvillA 100 Main Street Colleyville, TX 76034 0. 817.503.1050 F: 817.503.1059 Request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, May 7, 2008. Procedure to Respond: As (a Property Owner within 200 feet of the subject tract) or (an interested citizen), I (approve) (protest) and/or (have the following comments) ~~ ~r~~sf ~n~ ~zr-~uU~s~- ~-, ~h~ 1~`loWi~~s C~ydrt~o~Y~ . l) ~Fve lc~R hAS No ~C(5m.m~ ~rnvvt~ ~ />-~R l~~e. C~/1 ~~ rc~~.. J J C~~~Ce r~F~ ~`h«t Cc~~ l~ ut~1 C,~~en~ A C u l de J ~qc fv ~h i~ oCe ~c l v/~n-»~ c~0 s /s~aF ce,~ rc~ 2~ d~ ~~ ,o~~~i-- _- !/~t/ueJ ' /p~J 4/ut~o~/~an/!el/c NE~/Sh /,~,~h~~. ~3.~ Qdc1r~-~vti~ ~~~GtiSp/~ce. ~,~~ou,l~l kC~~ G. ~u.l~-~ ~ c~/ d ~ S ~' c 9 u c e-(- a N ~ ~GC~r,~ our` /)~oA~.~~a val~u on ~l s~~NdArof aid I/4'l~)S hI$'hP2 N i~ ~P~C~y~~• Prin Name and Address, or Lot, Block and Subdivision: ~t c~,~~R,;~ A ~ ~/ a a~© 'raN,~l/.~ , CQ~~Fr~~llF , ~x Signature: ~~-~+ ~~~ (Phone No.)0 f 7~ gds ~~~ 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 Request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, May 7, 2008. Procedure to Respond: ropert~_~er within 200 feet of the subject tracta or (an interested citizen), (approve ng comments) Print Name and Address, or Lot, Block and Subdivision: Signature: (Phone No.) 4l 7" ~yZ - ~l~o 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 Dear planning and zoning committee, As a resident of trolieyville on Danielle Drive, i will soon be subject to a car wash, the only 2 story retail center outside of The Village, a commuter train every 20 minutes, and a rail station. i am blessed to be gaining all of this increased noise, auto traffic, lights, smells, increased pedestrian traffic, and loss of privacy right across one fence and small piece of land designated agricultural. Is one piece of property left as a buffer too much to ask? The planning and zoning office has repeatedly assured us, it would never be rezoned to assure a separation between the residential and commercial properties. I hope I can trust you to do the right thing for a resident instead of a developer this time. Keep this property zoned agricultural. Thank you, ~J Lana Bates Request for a zoning change from AG-Agricultural to CC1-Village Retail on 0.6 acres out of the Absalom J. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 WRITTEN COMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER THAN 5 P.M. ON WEDNESDAY, May 7, 2008. P i i /1 i .. _ Print Name and Address, or Lot, Block and Subdivision: D D~ , . 7u- 7~ ~ 34~ ( pp JJ,,~~ Signature: `°1~~~~L~~~(~G~~ (Phone No.) l7 " ' ~~ 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 As a Prope et of the sub'ect tract) r (an interested citizen), I (approve pr tes) and/or (have the following comments) Statement of Planning Objectives GARDENS COMMERCIAL PARTNERS LTD• April 11, 2008 City of Colleyville Community Development Dept. Mr. Ron Ruthven 100 Main Street Colleyville, TX 76034 RE: The Gardens of Colleyville -Statement of Planning Objectives Dear Mr. Ruthven, To comply with the City of Colleyville's Master Plan, Rland Properties is proposing to rezone .695 acres from Ag to CC1 to add to our existing acreage currently zoned CCl. Rland Properties is proposing to develop the total of 3.812 acres located at the intersection of TX State Hwy 26 and John McCain Road for commercial retail and office use. The 41,000+ square foot shopping center will be Spanish/Tuscan design with park like settings of lush gardens and landscaping. The use will be mixed leasable space for fine dining restaurants, upscale retail shops and professional offices. The Gardens of Colleyville Thank you for your consideration. Sincerel , K. A. Whitman, President Gardens Commercial Partners, Ltd. RECEIVE D 1501 Hall Johnson Rd. - P.O. Box 69 - Colleyville -Texas - 76034 Office 817.571.9800 -Fax 817.540.4459 www.riandproper6es.com p9~ ....••••••..~ The Gardens of Colleyville Development Schedule The below development schedule is an estimated timeline to the best of applicant's knowledge. Task Name Start Finish Start site work 7/1/08 11/3/08 Stake out for Buildin and Utilities 7/2/08 7/4/08 Install sewer lines 7/2/08 7/11/08 Install water lines 7/14/08 7/18/08 Install lines 7/17/08 7/22/08 Utili storm work 7/21/08 7/25/08 Install ease tra s 7/22/08 7/28/08 Buildin Construction 10/1/08 2/3/09 Site Pa ' 1/28/09 2/3/09 Construction finish 2/09 RECEIVE(' Per ............. The Gardens of Colleyville Economic Development Information Totals .ft of Buildin Area 41,350 s .ft. Leases ace 38,057 s .ft. 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Sg ~ ii K p U OO pj a a~ w ~ ~ w ~ ¢ ~~ Ca~o~. V ~ ~. E , i U U^ O 1 N ~ V V a a r w Y ~. m ~d'TTX8 - 3ll2iM213A0 - HOl - HOJRJ ~WV Z£~Zb~TT 8002/TT/b'6MP'£Ob080 T!q!4X3 6u!uo~s~iq!yx3\s6uuv~e~d\6uuaau!6u3\LSZ900Z\9002\~npaxlWWoli~npad~:9 conceptual Site Plan _ _ .....or. m.ra.~ sr=== ~~~ (R AYMH'J~ 3iYL4) ~ ~ ~ aa R O /~//y ~Q~ aavna~na riww~rtao rr~nwrrw~ iw wrwwa su ~ ~ e e ~.e.=p+.,. ~~~d .~.I.1S a ~ K ~ ~ e ,~ ~ ~ ~ ~_ <Ra~ xe~_s. xY'~ N N ` ~ $ag5 a ~ ~~ ~•e~.< a ~~X~d ~``_~ 4 7 ~ ~ ~ ~ ae ~7 ~ ~~ ~ ~ ~$ Y~~ x ~ b as ~° ~ ~ Z qq 3$`~~ ~~~ ~k8 ~~~ a 4 ~ ~ u ~ ~ E 4 $ b ~ M ~ W ~ ~ ~ ~° m°7 ° & 3 ~ ~~O ~ ~~ e~ ~z'g ~ $ Y ~ ~ ~ ~ a ~ ° ~~ W ~ ~ ~ ~a3 g ~ ~ r~y ~ - u .. ~~~$ a~~~~$~ ~: _ ~_ _ _ .S8'l6L_ -_ _ ____3 .BO,SL00 N !!, ~ -3ni5'avdbi.'rr--'--- --- --- --'- -''-, $ / /~~ V ~y I.b Yx 8 .e ~ ~ o ~ YN$$~~ Q~Q 2 ~:~~ ts~ ~ k~~ ~~~3 ' ~ ° ~~ V ~~~~ ~ s ~ y~ p°q C~~~~Cb$ a i _ n ~~ rv i ' t I ~ ~ L~ O J'`~~ ~:~ ' ~ l XI ~ L a 4 i `~ '' '! J ~ ~ I J ~ i yam ~ I~ ~ ~ a . . i 8 i ~ - n ~~ "~ ~ i ~ _ ~ ' R ~ t~ cv h A~ Q ^`~1 e~~ ~I 0..1 n• y~. Q a b~5~8 I ' qL~ .p~ / :~~ ~ ~ ~' ~ ~ °~. s` s ~ a ~ ~ ~ o ~ `. Yi Y o ~ Eyyf Y X W ~ ' $ ~ i ~ "a s Y SI S{ ~ $ ~ ~ ~ ~ ` i ° m 7 t ~ ~ ~ ~ ~ ° ~ ~ ~ S ~~ ~ SI g ~ j ~ m 'Y ~ n g~a~g~~g~~~~~~p~~~~~~~ ~~~~~ ~~ a ~s ~~ ~¢~~ ~ ~~ ~ : ~ a ~ ~ ~ a ~ : ~ ~ ° oo~ooooo~®o®®©®®©®®®®®®®®®® sae=~~ ~.~'~<~ b~~e$b ~~°~~~ ~a 3 S txaga ~R~a~~ {:'J i i e m £Jd'TTX8 - 3.lI2iM2i3A0 - HO1- HO~R1 'Wd £T~IZ~T 8002/OT/b'6^^p•ueld el~S-LSZ90\~a45~lold\s6uinne~d\6uuaaui6u3\LSZ900Z19002\as~paxiW\uop,npo~\:~ ORDINANCE 0-08-1683 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.6 ACRES ON TRACTS 3D1 AND 3E1, ABSTRACT 963 OF THE ABSALOM J. SURVEY, FROM THE AG-AGRICULTURAL ZONING DISTRICT TO CC1-VILLAGE RETAIL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. Z-08-015; 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 0-08-1683 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 of 0.6 acres on Tracts 3D1 and 3E1, Abstract 963 of the Absalom J. Survey from the AG-Agricultural zoning district to the CC1-Village Retail zoning district, as depicted in the attached Exhibit "A", and described in the attached Exhibit "B". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-08-1683 Page 3 of 3 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney EXHIBIT "A"- Location and Zoning Map EXHIBIT "B"-Legal Description THE GARDENS AT COLLEYVILLE PROPERTY DESCRIPTION BEING a tract of land situated in the Absalom J. Lott Survey, Abstrad No. 963, City of ColleyviNe, Tarrant County, Texas, being ail of that certain trail of land as described by deed to Cynthia D. Hudson, recorded in Volume 11338, Page 812, Deed Records, Tarrant County, Texas and being all of that certain trail of land as described by deed to Rodry Alan Hudson, recorded in Volume 10491, Page 714, Deed Records, Tarrant County, Texas, said trail being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod with orange cap stamped "Moak Surv Inc." found for the northwest comer of said Hudson's trail, the northeast comer of that certain trail of land as described by deed to Gardens Commercial Partners, Ltd., recorded in County Clerk's Dowment No. D207153189, Deed Records, Tarrant County, Texas, in the south line of Lot 1 R2, Block 1, Tropicana Fuels Addition, an addition to the City of Colleyville, according to the plat recorded in Cabinet A, Slide 5398, Plat Records, Tarrant County, Texas; THENCE South 89°33'06" East (S 89°29' E Deed}, with the north line of said Hudson's trail, with the south line of said Lot 1R2, Bkxic 1, Tropicana Fuels Addition, a passing distance of 80.89 feet to a 1/2" iron rod found for the southeast corner of said Lot 1 R2, Block 1, Tropicana Fuels Addition, being the most westerly southwest comer of Lot 6, Block 9, Longwood Estates at Ross Downs Phase V, an addition to the City of Colleyville, according to the plat recorded in Cabinet A, Slide 2704, Plat Recerds, Tarrant County, Texas, continuing with north line of said Hudson's trail, with the a south line of said Lot 8, Block 9, Longwood Estates Addition for a total distance of 105.04 feet (105.00' Deed) to a 1/2" iron rod found for a re-entrant comer of said Lot 6, Block 9 and being in a west line of said Longwood Estates Addition; THENCE South 00°55'08" West (S 01°47'40" W Deed), with the east line of said Hudson's trail, with a west line of said Longwood Estates Addition, a passing distance of 269.87 feet to the southwest comer of Lot 13, Block 8 of said Longwood Estates Addition, continuing with the east line of said Hudson's trail for a total distance of 291.65 feet (291.5' Deed) to an 1"pipe found for the southeast comer of said Hudson's trail, the northeast comer of that certain tract of land as described by deed to Cheryl Ann West, Diana West Myers and Douglas F. Myers, recorded in County Clerk's Document No. D206035360, Deed Records, Tarrant Cour~2y, Texas; THENCE North 89°2T39" West (N 88°31' W Deed) ,with the south line of said Hudson's trail, with the north lira' of said Myers trail, a distance of 102.68 feet (105.00' Deed) to a 5/8" iron rod found for the southeast comer of aforementioned Gardens Commercial Partners trail and being the southwest comer of said Hudson's trail; THENCE North 00°27'17" East (N 01 °4T40" E Deed), with the west line of said Hudson's trail and with the east line of said Gardens Commercial Partners trail, a distance of 291.48 feet (289.8' Deed) to the POINT OF BEGINNING and containing a calculated area of 30,280 square feet or 0.695 acres of land. City Hall ~*~~~ City of Colleyville 100 Main Street ~~,;~~i Colleyville, Texas 76034 ~~ ~ Agenda Briefing 817.503.1000 vrww. co 1 1 eyv i l l e. co m File Number: R-08-2974 File Number: R-08-2974 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 06/03/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 10a Final Action: Secretary File Name: Consideration of appointment to the Commuter Rail Committee Attachments: Commuter Rail Committee roster.pdf Resolution R-08-2974.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/03/2008 City Council Title Consideration of appointment to the Commuter Rail Committee Explanation Reading and Public Hearing The City Council approved Resolution R-08-2942, establishing the Commuter Rail Committee to study the viability of a commuter rail facility. On April 1, 2008, the City Council approved Resolution R-08-2956 appointing members to the Committee. The City Council individually appointed a member and the remaining members are at-large appointments. This item provides for Councilmember Stan Hall to make an appointment to the Commuter Rail Committee. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 5/27/2008 Commuter Rail Committee CHAIRMAN John Gooding 1007 Hidden Oaks Court Colleyville, TX 76034 H: 817.503.2408 comrailcomCa~amail.com TERM: -December 2008 Linda Baker 4900 Behrens Road Colleyville, TX 76034 H: 817.545.6898 chovawont~aol.com TERM: -December 2008 Clif Davis 205 Adams Court Colleyville, TX 76034 W: 214.224.3083 H: 817.788.2255 M: 972.632.8910 cl ifd av i st'a~ h ntb . com TERM: -December 2008 Joyce Hammill 6307 Edinburgh Drive Colleyville, TX 76034 H: 817.481.6337 ioyicehamm illCa~tx. rr.com TERM: -December 2008 VICE-CHAIRMAN Fred Mills 5400 Linden Court Colleyville, TX 76034 H: 817.545.6862 M: 817.320.6862 fred-mariemillsCa~tx.rr.com TERM: -December 2008 John Paul Burnett 601 Beverly Drive Colleyville, TX 76034 W: 214.755.3524 H: 817.281.1929 iburnett ups.com TERM: -December 2008 James Day 805 Shelton Drive Colleyville, TX 76034 H: 817.498.1027 TERM: -December 2008 Rich Hendler 2100 Highland Meadows Colleyville, TX 76034 W: 817.421.8165 H: 817.421.8164 F: 817.421.9062 M: 817.821.0005 hendlerrCa)ci.colleyville.tx.us rihendlerCcD.dow.com TERM: -December 2008 VICE-CHAIRMAN Urmesh Shah 7305 Braemar Terrace Colleyville, TX 76034 W: 817.658.4056 H: 817.485.4112 urmeshsCa~yahoo.com TERM: -December 2008 Bartley Butler 1509 Caldwell Creek Colleyville, TX 76034 W: 214.756.1050 H: 817.421.2858 bait. butler(g)Qmail.com TERM: -December 2008 David Grimes 6610 Emerald Drive Colleyville, TX 76034 W: 972.302.7228 H: 817.424.3327 dgrimes001(a~yahoo.com TERM: -December 2008 John Leeper 7401 Pebble Hill Drive Colleyville, TX 76034 W: 817.798.8926 H: 817.421.8794 F: 817.421.8794 ileeoer2(a~verizon. net TERM: -December 2008 Revised OS-06-2008 Michael Muhm 6607 Connie Lane Colleyville, TX 76034 W: 817.329.3202 H: 817.329.3202 F: 817.488.8829 mike(a~rpsw.biz m i ke ~ recoa n it i o n-sw. co m TERM: -December 2008 Paul Vigiletti 604 Summertree Court Colleyville, TX 76034 H: 817.485.7417 M: 817.689.4475 paubervigCa)tx. rr. com TERM: -December 2008 Roger Nelson 4509 Dartmoore Lane Colleyville, TX 76034 W: 817.571.2356 H: 817.577.1916 F: 817.571.2335 roaer(a2railnet.com TERM: -December 2008 Kristen O'Regan 513 Beverly Drive Colleyville, TX 76034 H: 817.320.9230 kristen.oCa~sbcalobal. net TERM: -December 2008 Revised OS-06-2008 RESOLUTION R-08-2974 A RESOLUTION APPOINTING A MEMBER TO THE COMMUTER RAIL COMMITTEE WHEREAS, the City Council approved Resolution R-08-2942, establishing the ad hoc Commuter Rail Committee to study the viability of a commuter rail facility and present a report to City Council; and WHEREAS, the City Council approved Resolution R-08-2956, each appointing a member to the Committee and as a body appointing at-large members. WHEREAS, Councilmember Stan Hall will make an appointment to the Commuter Rail Committee. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT is hereby appointed to the Commuter Rail Committee to serve until December 2008 or upon issuance of the final report to City Council. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS, THIS THE DAY OF 2008. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ~~,., .~-" :~. City Hall City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 r:~_ Agenda Briefing 817.503.1000 www.colleyvitle.com File Number: File Type: Report Status: Reports Version: 1 Requester: Office of the City Secretary File Name: Reports -June 3, 2008 Agenda Date: 06/03/2008 Agenda No.: 12 Controlling Body: City Council Final Action: Attachments: Colleyville Senior Center Advisory Committee Minutes -March 20, 2008 Colleyville Trails and Sidewalks Committee Minutes -March 25, 2008 Colleyville Parks and Recreation Advisory Board Minutes -April 7, 2008 Colleyville Senior Center Advisory Committee Minutes -April 17, 2008 Commuter Rail Committee Minutes -May 5, 2008.pdf History of Legislative File Version: Date: Acting Body: Action Text: 06/03/2008 City Council Title Colleyville Senior Center Advisory Committee Minutes -March 20, 2008 Colleyville Trails and Sidewalks Committee Minutes -March 25, 2008 Colleyville Parks and Recreation Advisory Board Minutes -April 7, 2008 Colleyville Senior Center Advisory Committee Minutes -April 17, 2008 Commuter Rail Committee Minutes -May 5, 2008 City of Colleyville Page 1 Printed on 5/29/2008 C~tY of ~ IlC~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, March 20, 2008 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:32 p.m. on Thursday, March 20, 2008 by Debra Minea, Chair of the Committee. ROLL CALL: Debra Minea, Wanda Johnson, Jack Olsen, Lila Coley and Connie Hampton and Patrecia Fox ABSENT: Councilman Tom Hart, Councilman Mike Taylor, and Dorothy Parker STAFF: Monica Sue Walsh, Park and Recreation Director Renee Garrett, Senior Center Supervisor Call to Order and Roll Call 1. Approval of the February 21, 2008 Senior Center Advisory Committee Minutes. 2. Jack Olsen made a motion to approve the minutes as read. Patrecia Fox seconded. The motion carried with a unanimous vote. Senior Center Advisory Committee March 20, 2008 Page 2 of 3 3. Discussion and Consideration of Senior Center Advisory Committee Bylaws Regarding Meeting Attendance Debra Minea, Chair, stated she had sent a letter to the Mayor in regards to Wanda Johnson's absences due to illness and that she was now attending regularly. After discussion of Section 5 Item 7 of the Bylaws, a motion was made by Connie Hampton to leave the Bylaws as they currently are. Seconded by Wanda Johnson. The motion carried with a unanimous vote. 4. Discussion and Consideration of Senior Center Wish List Renee Garrett, Senior Center Supervisor stated she has set up an appointment with sales people to come out and show the committee products and options regarding the acoustics. She also reported on the drink and snack machine for the Center. The machines would run $1,800 each to purchase. It was decided that for now there would be soft drinks in the refrigerator for 50 cents each and this would be done using the honor system. This would show how many soft drinks are consumed on a monthly basis and if there is a need for a machine. Renee also reported on the bookshelves for the library. She stated she had not heard anything officially on the grant results but should around the first week of April. In May the grant will be presented to the winner at a luncheon. 5. Discussion on Items of Interest for Potential Future Action Connie Hampton inquired about other committees using the Senior Center to have meetings as needed. She said it would not be on a regular basis. Monica Walsh informed the committee that the Center could be used occasionally for meetings but they would need to call Renee Garrett, Senior Center Supervisor for approval. Senior Friendly Facility application is being completed. 6. Reports -Staff and Committees Renee Garrett, Senior Center Supervisory, gave an overview of the senior activities and programs. She is trying to promote the Senior Center by submitting information for the monthly Communicator and Horizons. Jack Olsen reported that there was a great turnout for the photo class and he had 6 enrollees for the Word Class next month. He reported that he was happy to have the new instructor, Sue Drautz. Senior Center Advisory Committee March 20, 2008 Page 2 of 3 Debra Minea reported that there would not be a luncheon on Good Friday, March 21. 7. Citizen comments/presentation regarding items not on the agenda* Barbara Kirkland reported that her sister was doing great and had been declared cancer free. She also is interested in forming a committee for the seniors by the seniors. She would like to get people who come to the events involved. Committee members requested that Discussion and Consideration of the Senior Center Advisory Committee Social Committee be added to next month's agenda. Dick Williams inquired about using the space where the fold up ping pong table is located to have musicians come in and play once a week. He will talk to Renee Garrett, Senior Center Supervisor about this. 9. Adjournment Patrecia Fox moved to adjourn at 2:13 p.m. Lila Coley seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: Wanda H. Drexel, Administrative Secretary GttY of Texas COLLEYVILLE TRAILS AND SIDEWALKS COMMITTEE MEETING MINUTES -March 25, 2008 CALL TO ORDER The meeting was called to order at 3:04 p.m. ROLL CALL Present: Gail Manion, Odilon Alvarado, Bahjat McElroy, Judy Atwood, David Klenzendorf and Councilmember Liaison Tony Licata Staff Present: Steve Chutchian, Jeremy Hutt, Chad Bartee and Kathy Moore APPROVAL OF MINUTES Before the approval of the minutes introductions were made to introduce new Committee member Bajhat McElroy. Judy Atwood noted a spelling and word error; the minutes were approved with corrections. AGENDA ITEMS 1. Election of a New Chairperson Gail Manion spoke concerning the election of a new Chairperson for the Committee and what responsibilities go along with being Chairperson. Councilman Licata gave some guidelines to follow. The newer members felt that they were still in the learning process and wanted some time to think it over. Odilion Alvarado made a motion that Gail Manion remain Chairperson for the next quarter and this item be tabled until the Committee's next scheduled meeting. David Klenzendorf seconded the motion, the vote was unanimous. 2. Update of the 2008 Sidewalk Improvements A Citizen Petition was submitted by homeowners along Beverly Drive for the Committee's consideration which stated that they wanted a sidewalk along the entire length of Beverly Drive due to safety concerns for the residents and the children walking to school. There was discussion concerning the petition and the safety issues presented by the citizens in that area. Jeremy Hutt gave a brief update concerning the cost estimates for the 2008 Sidewalk Improvements which went to City Council for approval on January 15, 2008, per the Committee's recommendations. Steve Chutchian informed the Committee that one change to the original plan was to move the sidewalks along Shelton Drive to the North side of the road due to recent drainage improvement that were not in place when the Colleyville Trails and Sidewalks Committee Minutes -March 25, 2008 original design was made. Gail Manion was involved in this decision and walked the area with City staff; the move to the North side of Shelton Drive will enable the City to install more footage for less money. The Committee and staff reviewed each project individually with lengthy discussions on the cost since most of the cost estimates came in higher then expected. Gail Manion voiced her concerns over the cost and importance of the two smaller projects on Brown Trail and Kingswood Estates. She felt that the safety concerns on Beverly Drive outweighed the sidewalk connection for the other two projects and that the money for those projects should be spent on Beverly Drive. Steve Chutchian reminded the Committee that all these items have already been approved by City Council and any changes to the plan would have to go back to Council for an amendment. In addition, he had concerns over changing the plan because Citizen's in the Brown Trail area and Kingwoods Estates are now expecting these improvements to be made in the coming months. Upon further discussion the Committee members agreed that the recommendations as approved by City Council would stand, and Councilman Licata would keep watch for additional funds that may become available as the fiscal year comes to an end. Staff will move forward with the 2008 Sidewalk Improvements 3. Update of the Pleasant Run Trail CEDC Funds Steve Chutchian gave a brief review of the past recommendations to bring Bahjat McElroy up to date. In the FY08 CEDC budget, there is $170,000 available for trail work and in the FY10 budget there will be $500,000 available. The original plan was for the $170,000 to be used for the connection of the Webb House on L.D. Lockett Road. Because of the new school the Committee recommended a change of priorities to use the FY08 funds on the Pleasant Run Trail to improve pedestrian access to the new school; thus deferring the work at the Webb House connection until FY10. In Addition, there is $20,000 available in Parkland Dedication Fees that can be used for the Webb House Trail engineering cost. The Committee recommended that the $20,000 from the Parkland Dedication Funds and $10,000 from the FY08 CEDC Funds be allocated for the engineering and permitting on the proposed trail at the Webb House. Additionally, the remaining $160,000 in CEDC Funds be allocated to build the concrete segments from Hardage Lane to Cooks Lane and from Cooks Lane south to the end of the existing asphalt trail. The Committee further recommended that in the bidding process staff consider bidding as an added alternate, the repaving of the $17,000 segment that is currently black topped. Monica Walsh took the Committee's recommendations to the Parks and Recreation Advisory Board for approval in February. The recommendations of both Committees' will then go to the Colleyville Economic Development Corporation Board for approval. Once approved by the CEDC Board it is scheduled to go before Council on April 15, 2008 and the second reading on May 6, 2008. After approval, staff will move forward with construction. Steve Chutchian noted that the construction does not have to be completed within the fiscal year in order to receive the approved funds. Colleyville Trails and Sidewalks Committee Minutes -March 25, 2008 4. Consideration of changes to the Murphy Road Trail Steve Chutchian gave an update on the status of the proposed Murphy Road Trail, stating that City Council had previously approved the relocation of the original Beddo Creek Trail alignment to the north side of Murphy Road. The trail was also determined to be 8 feet in width. The Developer of the Reserve at Colleyville, RP25 Development, is requesting to City Council to reduce a 275' section of the Murphy Road Trail to 6' from the original 8'. This will enable the Developer to create anon-linear trail section and to enhance the entry to the Reserve at Colleyville with additional landscaping and trees. Gail Manion has also visited the site to observe the proposed alignment; Council will consider the Developer's request at their April 1, 2008 meeting. The Committee discussed the request to reduce the width of the trail with Judy Atwood making a motion to approve the change and David Klenzendorf, seconded the motion. The vote was unanimous. 5. Discussion of the Sidewalk Build/Escrow Requirements Chad Bartee gave a brief update concerning the build/escrow requirements, stating that staff will be submitting to City Council our current process, along with the Committee's recommendations and staff's concerns. Judy Atwood voiced frustrations over this issue stating that the Committee has not moved forward over the years, but feels they may have even moved backwards with regard to results. Chad Bartee stated that the Engineering Department is now coordinating issues between the departments with concern to getting the sidewalks built. Plans are now being stamped to inform the builders of exactly what size sidewalks are required for their project. Mr. Licata summed it up with this statement: The staff wants clearer rules and guidance, and the Committee wants stronger enforcement. STAFF REPORTS The committee set their next meeting for Tuesday, May 13, 2008 at 3:00 p.m. CITIZEN COMMENTS There were no Citizen comments. ADJOURNMENT The meeting adjourned at 5:51 p.m. Respectfully Submitted, Kathy E. Moore Administrative Assistant Approved on: May 13, 2008 Colleyville Trails and Sidewalks Committee Minutes -March 25, 2008 City of ~9~ Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, April 5, 2008 6:00 p.m. Steve Dalri called the meeting to order at 6:25 p.m. on Monday, April 5, 2008 the Parks and Recreation Office. ROLL CALL: Steve Dalri, Franklin Hyde, Peter Coyne, Deena Dendy, Joe Ben Hassell ABSENT: Pat Horn, Brian Estridge, Vince Rosen, Councilman Tony Licata, Councilman Mike Taylor ,Charlie Warren, GCISD Liaison and Wanda Drexel, Administrative Secretary STAFF: Monica Walsh, Director of Parks and Recreation, Luke DeFilippis, Recreation Supervisor 1. Call to Order 2. Approval of the February 4, 2008 Parks and Recreation Advisory Board Minutes Peter Coyne moved to approve the February 4, 2008 Parks and Recreation Advisory Board minutes. Joe Ben Hassell seconded the motion. The vote was unanimous. 3. Recreation, Athletics, Tennis and Seniors' Reports Luke DeFilippis provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. 4. Park Operations and Capital Improvement Status Reports Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. 5. Adjournment Peter Coyne moved to adjourn at 6:37 p.m. Joe Ben Hassell seconded the motion. The vote was unanimous. Respectfully submitted and approved: .~%..~/ . Nfrd ., d Wanda Drexel, Administrative Secretary G~tY of ~ Il~ 7'exa5 SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, April 17, 2008 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:30 p.m. on Thursday, April 17, 2008 by Debra Minea, Chair of the Committee. ROLL CALL: Debra Minea, Wanda Johnson, Lila Coley, Dorothy Parker and Patrecia Fox ABSENT: Councilman Tom Hart, Councilman Mike Taylor, Jack Olsen, Connie Hampton, and Monica Walsh, Park and Recreation Director STAFF: Renee Garrett, Senior Center Supervisor Call to Order and Roll Call Approval of the March 20, 2008 Senior Center Advisory Committee Minutes Wanda Johnson made a motion to approve the minutes as read. Dorothy Parker seconded. The motion carried with a unanimous vote. Senior Center Advisory Committee April 17, 2008 Page 2 of 3 3. Discussion and Consideration of Social Committee The committee discussed Barbara Kirkland as chairperson of the Social Committee. Wanda Johnson said she would speak with Barbara to see if she would chair the Social Committee and then report back to the Advisory Committee. The Committee also discussed having different committees such as a welcoming committee and having new member welcome cards mailed. It was decided that announcements would be made at dinner on Tuesday nights and at lunch on Fridays. 4. Discussion and Consideration of Senior Center Wish List The acoustical project was discussed, and options are being evaluated by City staff. 5. Discussion on Items of Interest for Potential Future Action Discussed a Senior Center Directory for members. Staff informed the Senior Center Advisory Committee that they need permission from patrons to put personal information in a directory. The Committee will develop a permission form to hand out to members. Lila Coley offered to prepare the form and directory. 6. Reports -Staff and Committees Renee Garrett, Senior Center Supervisory, gave an overview of the senior activities and programs. Renee also announced the Senior Center had been chosen by the Colleyville Women's Club as a grant recipient. The grant would be used to purchase chairs and bookcases for the library. Connie Hampton reported that two (2) sympathy cards and six (6) get well cards were mailed in April. Debbie Minea reported lunches are going well. Senior Center Advisory Committee April 17, 2008 Page 3 of 3 7. Citizen comments/presentation regarding items not on the agenda* No citizen comments. 8. Adjournment Patrecia Fox moved to adjourn at 2:12 p.m. Wanda Johnson seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: Wanda H. Drexel, Administrative Secretary G-tY of (~ ~ Il~ Texas COMMUTER RAIL COMMITTEE Minutes from Monday, May 5, 2008 1. Call to Order and Introductions John Gooding, Chair, called the meeting to order at 6:35 p.m. Present: John Gooding, Fred Mills, Urmesh Shah, Linda Baker, John Paul Burnett, Bartley Butler, James Day, David Grimes, Joyce Hammill, John Leeper, Michael Muhm, Roger Nelson, Kristen O'Regan, Paul Vigiletti, Rich Hendler Absent at role call: Clif Davis (present at 6:45 p.m.) Staff: Kelly Cooper 2. Open Meetings Act Cathy Cunningham, Attorney, Boyle & Lowry L.L.P. provided an overview of the Open Meetings Act. Discussion followed regarding how to conduct subcommittee meetings relative to the Open Meetings Act. Cathy advised the committee that these are considered an open meeting and detailed procedures to follow including posting the agenda, proper notice to the public and minutes. All members were encouraged to participate in the Attorney General's training for the Act which can be completed online or by contacting the City Secretary's office for a DVD. 3. Discussion of Committee Workplan and Assignments Chair John Gooding opened discussion of the committee workplan by calling for each committee member to introduce themselves and provide their top three concerns for committee consideration respective to the commuter rail. There was general discussion of various issues: riding the train to understand the specific concerns, how to determine if a station is needed in Colleyville, placement RESOLUTION R-08-2975 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JUNE 3, 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