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HomeMy WebLinkAboutCity Council-Agenda Packets-7/1/2008L'~ TG( T.ra City of Colleyville Agenda City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, July 1, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION PUBLIC COPY 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of the Street Capital Improvement Plan (CIP) PC-2 Discussion of appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees PC-3 Update on the Retail and Restaurant Cooperative Advertising Program PC-4 Discussion of the July 1, 2008, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 -Legal -Discussion of 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 Cify of Colleyville Page 1 Printed on 6/27/2008 City Council Agenda July 1, 2008 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Randy Groves, Pleasant Run Baptist Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-2982 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Proclamation In recognition of Parks and Recreation Month -Monica Walsh, Director of Parks and Recreation 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2983 4a Approval of the minutes of the regular City Council meeting of June 17, 2008 4b Approval of the minutes of the City Council Worksession of May 29, 2008 4c Approval of the minutes of the City Council Worksession of May 30, 2008 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1684 Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding vehicle sign set back from street right-of-way, Case G-08-024 5b 0-08-1685 Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding Real Estate Open House Sign Regulations, Case G-08-022 5c 0-08-1686 Adopting the annual budget for Fiscal Year 2009 (FY2009) of ~ the Colleyville Crime Control and Prevention District (CCCPD) City of Colleyville Page 2 Printed on 6/27/2008 City Council Agenda July 1, 2008 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1687 Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-2984 Approval of a waiver of the perimeter street improvement requirements for 291 feet of frontage along Glade Road on Lot 1, Block 1 of the Renaissance Estates Addition located at 412 Glade Road, G-08-025 8. TABLED ITEM AND PUBLIC HEARING 8a 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 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Historical Preservation Committee Minutes -January 10, 2008 Historical Preservation Committee Minutes -April 10, 2008 Celebrate Colleyville Committee Minutes -April 23, 2008 Commuter Rail Committee Minutes -May 9, 2008 Commuter Rail Committee Minutes -May 19, 2008 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JULY 1, 2008 - Reading and Public Hearing -Resolution R-08-2985 12. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, June 27, 2 8, by 5' p.m. nthia mgleton, TRMC, CMC City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. City of Colleyville Page 3 Printed on 6/27/2008 City Council Agenda July 1, 2008 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 6/27/2008 l~ [•/ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 n.- Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Engineering Department File Type: Pre Council Agenda Date: 07/01/2008 Agenda No.: PC-1 File Name: Discussion of the Street Capital Improvement Plan (CIP) Status: Pre Council Controlling Body: City Council Final Action: Attachments: Street Capital Improvement Financial Summary June 2008-Draft History of Legislative File Version: Date: Acting Body: Action Text: 07/01/2008 City Council Title Discussion of the Street Capital Improvement Plan (CIP) Explanation Staff previously prepared a draft work plan for a proposed Street Capital Improvement Plan (CIP) .for City Council consideration. The attached spreadsheet provides a scope of work and associated funding sources for a general "pay-as-you-go" plan. The proposed plan considers residential street improvements and several intersections throughout the community. The spreadsheet was previously revised to show proposed roadway improvements in Tara Plantation and Saddlebrook Additions spread out over a four year period. In addition, other listed street and intersection projects indicate priority improvement needs and reflect staffs determination of availability of funds and optimum design and construction schedules during each fiscal year of the proposed plan. There would also be $150,000 of available cash transferred at the end of the fiscal year from the difference in that fiscal year's revenues and expenditures to fund the next fiscal year's micro-resurfacing program. At the June 17, 2008, Pre Council meeting, there was a discussion of issuing certificates of obligation for the Tara Plantation and Saddlebrook projects. Per Jim Sabonis, the City's Financial Advisor with First Southwest Company, the current estimated net interest rate on a 20-year debt issue of $2,030,000 with AA+ bond rating would be 4.5% and the annual debt payment would be $157,596. The issuance of debt would not have a negative effect on the City's existing AA+ bond rating. The total cost of the issue over a 20-year period would be $3,151,922, including interest expense and costs of issuance. The effect on the tax rate using projected Fiscal Year 2009 (FY 2009) tax values is $.0048, however, if debt was. issued in calendar year 2009 the first debt payment would not be due unti1,~010. The interest earnings on $2,030,000 over 20 years are $2,417,980 at 4% and $1,636,406 at 3%. City of Colleyville Page 1 Printed on 6/26/2008 ca cG G J Q Z Q Z LL. 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V~p o ~~~ Q~ ~ti~ ~ c~~c c ~ ~ o ~ ~ ~ ~ N Y a~ ~ .c ~c tL C f`U ~ ~ ~ ~ Y (II `m~j ~~p`.c 3 m ~ C C 0 0 0} 0 0~ O -~'~.=~Q=~'Q Q U a Q U d Q U d N c%) ~ cta cp t~ oo ~ ~' Z' Z' ~' ~' ~' Z' Z' Z' 0 0 0 0 0 0 0 0 0 U U U U U U U U U Li o~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ,r,~~~ Agenda Briefing 817- 503.,000 vrww. colleyvi lle. com File Number: Version: 1 Requester: Office of the City Secretary File Type: Pre Council Agenda Date: 07/01/2008 Agenda No.: PC-2 Status: Pre Council Controlling Body: City Council Final Action: File Name: Discussion of appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees Attachments: Resolution R-07-2843.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/01/2008 City Council Title Discussion of appointing City Council Liaisons to the City of Colleyville Boards, Commissions and Committees Explanation This item is provided as an opportunity for the City Council to discuss the appointment of City Council liaisons to the boards, commissions and committees. In June 2000, the City Council approved Resolution R-00-1669, which formally established City Council liaisons for City boards, commissions and committees. The following guidelines were considered in the establishment of liaisons: 1. Report to the City Council on the activities of the board, commission or committee; and 2. Advise the board, commission or committee of actions taken by the City Council or being considered by the City Council related to the board, commission or committee's activities; and 3. Advise the City Council as to the capabilities and contributions of board, commission or committee members at the time appointments are being considered. Periodically, staff has received questions from City Council regarding board, commission and committee liaison appointments including the role of the Councilmember; attendance requirements; appropriate level of dialogue and direction; purpose, value and the need for liaison appointments. City of Co!/eyville Page 1 Printed on .6/27/2008 Agenda Briefing Continued A survey of area cities regarding City Council liaisons is provided for your information. Liaisons City Yes No Comments Bedford X There have been discussions to discontinue Euless X Grapevine X Hurst see comments Only HEB Teen Court Advisory Board Keller X North Richland Hills X Southlake X City of Colleyville Page 2 Panted on 6127/2008 RESOLUTION R-07-2843 A RESOLUTION APPOINTING CITY COUNCIL LIAISONS TO THE CITY OF COLLEYVILLE BOARDS, COMMISSIONS AND COMMITTEES WHEREAS, the City Council desires to serve as liaisons of the City of Colleyville Boards, Commissions and Committees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following City Council liaisons are established: Planning and Zoning Commission Tom Hart Carol Wollin Zoning Board of Adjustments Jon Ayers Parks and Recreation Advisory Board Tony Licata Mike Taylor Colleyville Tree Board Rich Hendler Library Board Tony Licata Traffic Safety Advisory Committee Mike Taylor Historical Preservation Committee Jon Ayers Capital Improvement Advisory Committee Tom Hart Colleyville Center Advisory Committee Carol Wollin Celebrate Colleyville Steering Committee Carol Wollin SH26 Advisory Committee David Kelly Mike Taylor Colleyville Trails and Sidewalks Committee Tony Licata Teen Court Advisory Board Rich Hendler Mike Taylor Senior Center Advisory Committee Tom Hart Mike Taylor AND IT IS SO RESOLVED. Resolution R-07-2843 Page 2 of 2 PASSED BY A VOTE OF ~_ AYES, O NAYS AND _~ ABSTENTIONS ON THIS THE .~ ~ DAY OF ~r/h 1 2007. ATTES roc-st- '` i~~ Cynthia Singleton, TRMC, C C City Secretary CITY OF COLLEYVILLE David Kelly Mayor ., ~` ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r,~„~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 07/01/2008 Controlling Body: City Council Requester: Communications Agenda No.: PC-3 Final Action: Department File Name: Update on the Retail and Restaurant Cooperative Advertising Program Attachments: Newspaper Insert Mock-up.pdf Colleyville -Citywide Consumer Promotion Draft - Schedule.pdf History of Legislative File _- Version: Date: Acting Body: Action Text: 1 07/01/2008 City Council Title Update on the Retail and Restaurant Cooperative Advertising Program Explanation As part of the City's overall economic development plan, the City has joined forces with retail and restaurant operators in the City to establish aRetail/Restaurant Advertising Cooperative (Co-op). The program is designed to sustain Colleyville's commercial sector by attracting new customers to Colleyville's retail businesses and increasing the frequency of visits by existing customers. The Colleyville Co-op's pilot program (mid-July through the end of September) has three major components: 1) Three advertising inserts: two in the Fort Worth Star-Telegram and one in the Alliance Regional Newspapers (Colleyville Courier, Grapevine Courier, Southlake Courier) 2) Three live radio remotes: one with KVIL and two .with KLUV-both stations' listeners matched the desired Colleyville demographic and both have strong loyal listeners who respond to live remotes 3) A public relations campaign directed at print, broadcast and radio The pilot program is heavily driven by call-to-action couponing, which calls for a quick response from the consumer. (and more immediate success for the advertising program) and provides a high level of tracking. The tracking mechanisms will provide immediate data on the success of the program and a breakdown of the most and least successful components of the program. Ci of Co/le ille rY Y-' Page i Printed on 6/26/2008 Agenda Briefin_g Continued Currently, the program includes the following 25 retailers and restaurants: ^ 62 Main ^ Art Impressions ^ Articles A-Z ^ Beauty by MCR ^ Borders ^ Bride Associates ^ Costa Vida ^ Elixir Spa ^ Fitness Guru Personal Training ^ Foreman's General Store ^ HarleQueen's ^ Isabella's Salon ^ Just Framing ^ Mac's Steaks & Seafood ^ Market Street ^ Merle Norman Cosmetics ^ Opaj Women's and Children's Boutique ^ Paige's ^ Rio Mambo ^ Salon G ^ Shoe World ^ Sue Bearrie Boutique ^ The Audio Store ^ Tivoli Wines ^ Waddell Internal Medicine City of Colleyville Page 2 Printed on 6/26/2008 ""eti .y,"/ IPiojecCl 6/ll/OB .:SB Px Page 1 i ATL TA AU D1 AUTO BALL B.v'~' ~' ~ ah'$6i 6 RS BF B I N B M W B O S T O N B O W B R A S ~~'~~?~^>''1 K 5 R I T :;:.~.;~ A B U D W EI S ER B U LL B U LLDOG CAFE CANADA CA N C H E V R O LET C H I C A G O COCA COLA C U' '•D E L DISNEY DOG DOLBY DRAGON DUCATI E • F 1 R E FOOTBALL F O R D FOX GOLF GREEN '' ~ I N T E L I T A L I A J A C K J O H N D E E R E M C D O N A L D S M I C R E L I N M f C K E Y M I C R O S' ~ ' N I K E P E P S I P 1 N PORTUGAL POST R A p ~ B U L L S H ELL S ONY S P A SPORT S U N S.~ , T I M E TOYOT A T R E E T R U C K V I D E O, W I N G F R I J O L E S Y F1 M A H A ABC A ~` ^ ATLANTA AU DI AUTO BALL BASEBALL ~B B I N B M W B O S T O N B O W B R A S B F2 ' ' B U D W E I S E R ~? 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Colleyville -Citywide Consumer Promotion Draft -Schedule Ma June Jul Au ust Se tember 5 12 l9 2G 2 9 I6 23 30 6 13 20 27 y II 13 25 1 8 IS 22 29 Initial Marketing Concept -Merchant Presentations Merchant -Participation Sign-on Merchant - Offer ~ Copy ~ Logo Newspaper lnsert Mechanicals Completed - to Print Promotion Posted on Various Websites - Ongoing Pre-Promotion PR ~?~ going PR :er Bill Inserts _,. ..._._. e _., Yre-Promotion - Instore Promo POP etc. Fort Worth Star Telegram -lnsert Radio Remote (1) Bounce Back Offers Alliance Newspaper lnsert Radio Remote (2) Possible Third News aper Radio Remote (3) Contest Winner Anslysis of Coupon Redemption /Next Steps / Phase 11 Im Iementation June 9, 2008 ~„ Cit of Colle ville City Hall Y Y 100 Main Street Colleyville, Texas 76034 r<>.~.'~ Agenda Briefing 817.503.1000 vrww. co 1 1 eyv i l l e. co m File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 07/01/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-4 Final Action: Secretary Fite Name: Discussion of the July 1, 2008, City Council regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 07/01/2008 City Council Title Discussion of the July 1, 2008, City Council regular agenda items City of Colleyville Page 1 Printed on ti/25/2008 C.S~ ~.,y City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 '~`~°'' Agenda Briefing 8,7. so3.lo00 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Requester: Office of the City Secretary Agenda Date: 07/01/2008 Agenda No.: 1 File Name: Executive Session -Legal Consultation -July 1, 2008 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 07/01/2008 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 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 6/23/2008 RESOLUTION R-08-2982 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JULY 1, 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 c2~ ~;, City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 rm-k'` Agenda Briefing s17. so3.lo00 www.colleyville_com File Number: File Type: Presentation or Proclamation Status: Presentations or Proclamations Controlling Body: City Council Final Action: Version: 1 Agenda Date: 07/01/2008 Requester: Office of the City Agenda No.: 3 Secretary File Name: Presentations and Proclamations -July 1, 2008 Attachments: Parks and Recreation Month Proclamation.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 07/01/2008 City Council Title Proclamation In recognition of Parks and Recreation Month -Monica Walsh, Director of Parks and Recreation City of Colleyville Page 1 Printed on 6/23/2008 COCY~tTY~tiDT~ Colleyville, Texas WHEREAS: public parks and recreation systems are dedicated to enhancing the quality of life for residents in communities around the world through recreation programming, leisure activities and conservation efforts; and WHEREAS, parks, recreation and leisure experiences provide opportunities for all citizens of a community to live, grow and develop into contributing members of society; and WHEREAS, parks and recreation generates opportunities for people to come together and experience a sense of community through fun recreational pursuits and provides outlets for physical activities, socialization and stress reducing experiences; and WHEREAS, parks, playgrounds, nature trails, open spaces and recreation facilities make communities desirable places to live, work and play, contributing to economic vitality; and WHEREAS, parks, trails and open spaces provide a welcome respite from our fast paced, high tech lifestyles while protecting and preserving our natural environment; and WHEREAS, parks and recreation touches the lives of individuals, families, groups and the entire community which positively impacts upon the social, economic, health and environmental quality of our community; and WHEREAS, July is recognized as National Parks and Recreation Month by the National Recreation and Park Association. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council, do hereby proclaim the entire month of July as PARKS AND RECREATION MDNTH and encourage all citizens to celebrate by participating in one of the many leisure pursuits available in our City and recognize the vital contributions of employees and volunteers in parks and recreation facilities. IN WITNESS WHEREOF, 1 do hereby set my hand and seal of the City of Colleyville affixed this 1st day of July 2003. c{..~ Ma r u~r o, ~~ Texas RESOLUTION R-08-2983 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JULY 1, 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 June 17, 2008 b. Approval of the minutes of the City Council Worksession of .May 29, 2008 c. Approval of the minutes of the City Council Worksession of May 30, 2008 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 of Colleyville ! iT~ _ EP: ~° City Council Minutes -Draft -nom. City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, June 17, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on June 17, 2008, at 5:34 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Finance Director Terry Leake, Utility Superintendant Ken Tywater, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. PC-1 PC-2 PC-3 Discussion of the process for filling an unexpired term on the Parks and Recreation Advisory Board The City Council determined the Parks and Recreation Advisory Board open position would be advertised during the regular advertising period for board, commission and committee member terms expiring in September. Presentation of the Monthly Financial Report -May 2008 Finance Director Terry Leake presented the May 2008 Monthly Financial Report. Discussion of the Street Capital Improvement Plan (CIP) Public Works Director Steve Chutchian presented an overview of the Street Capital Improvement Plan, including the scope of work and associated funding sources for residential street and intersection improvements, utility poles on SH26 and the status of the SH26 improvements and answered questions of the City Council. There was general discussion regarding the Texas Department of Transportation (TxDOT) funding and timeline for the SH26 redevelopment project, landscaping, right-of-way acquisitions and impact on economic development. City of Colleyville Page 1 Printed on 6/26/2008 City Council City Council Minutes -Draft June 17, 2008 Finance Director Terry Leake presented information regarding the funding sources for the Street Capital Improvement Plan and answered questions of the City Council. PC-4 Discussion of the June 17, 2008, City Council regular agenda items There was general discussion regarding Agenda Item 5a, Ordinance 0-08-1683, regarding the requirements for a buffer and detention pond, Consent Item 4b, regarding the bid amounts and Consent Item 4c regarding the project completion date. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:34 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on June 17, 2008, at 7:02 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Bill Lindley, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Utility Superintendent Ken Tywater, Finance Director Terry Leake, Community Development Coordinator Ron Ruthven, Planner Justin Bass, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Sec. 551.071 - Legal - Discussion of pending litigation - Village Monticello Partners, Ltd. v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raman Chandler v. City of Colleyville Sec. 551.071 -Legal -Discussion of potential litigation -Barbara Turner v. City of Colleyville Sec. 551.071 -Legal -Discussion of pending litigation -Raul' fZodriguez v. City of Colleyville (Bill Hudgins) City of Colleyville Page 2 Prinfed on 6/26/2008 City Council City Council Minutes -Draft June 17, 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 Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, 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 7:03 p.m. and reconvened at 7:42 p.m. INVOCATION: Dr. David Parmer, Colleyville Baha'i Community 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-08-2976 This resolution was not needed. 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Councilmember Taylor expressed appreciation to Mayor Kelly for his participation and support of the Lions Club xSIGHTment Run held on June 7, 2008. Mayor Kelly stated the annual Colleyville Barbeque Cook-off, which benefits Special Olympics, held June 6-7, 2008, was a success due to the efforts of Detective Kevin Walling, IESI, Colleyville Woman's Club, the Charlie Hall family, Market Street, Wal-Mart, Fire Department and other City of Colleyville staff. Mayor Kelly stated the Parks and Recreation Department's 50th Anniversary celebration was a fun family event, which included the first drive-in movie in the City, antique vehicles and 1950's fashions. Councilmember Taylor expressed appreciation to Police Chief Tommy Ingram and staff, Public Works staff, Citizen Police Academy members and Metroport Teen Court volunteers for assistance with the Lions Club xSIGHTment Run event. City of Colleyville Page 3 Printed on 6/26/2008 City Council City Council Minutes -Draft June 17, 2008 Councilmember Wollin announced everyone enjoyed the Colleyville Public Library Opening Day activities and invited children and adults to sign up for the summer reading program. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-2977 4a Approval of the minutes of the regular City Council meeting of June 3, 2008 4b Approval of a bid award for the Fiscal Year 2008 (FY 2008) annual purchase of water meters to Texas Water Products, in the amount of $50,123.00, and authorize the City Manager to execute the contract 4c Approval of a construction contract with Access Paving, Inc., for the 2008 Sidewalk Improvements, in an amount not to exceed $63,019.00, and authorize the City Manager to execute the contract Mayor Kelly read Resolution R-08-2977 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Taylor moved to approve Resolution R-08-2977. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 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 Mayor Kelly read the caption of Ordinance 0-08-1683. Community Development Coordinator Ron Ruthven stated a petition in opposition to the proposed development was submitted by 'more than 20% of property owners within 200 feet of the proposed development; therefore, a super majority vote of the City Council is required for approval of the request. City of Colleyville Page 4 Printed on 6!26/2008 City Council City Council Minutes -Draft June 17, 2008 Mayor Kelly opened the public hearing. Mr. Kipp Whitman, 1501 Hall Johnson Road, spoke regarding the detention pond, landscaping and buffering. Mr. Dave Aistrup, 2201 Danielle.. Drive, spoke in opposition to the proposed ordinance and regarding communication between the developer and residents and economic development. Ms. Pat Aistrup, 2201 Danielle Drive, spoke in opposition to the proposed ordinance and regarding communication between the developer and residents, a petition in opposition to the proposed ordinance, proximity of homes to proposed development and drainage. Mr. Farzin Hamraee, 2209 Danielle Drive, spoke in opposition to the proposed ordinance, impact of proposed development on property value, detention pond and buffering between commercial and residential properties. Mr. Tony Hampton, 2200 Danielle Drive, spoke in opposition to the proposed ordinance and regarding buffering between the commercial development and residents, maintenance of the screening fence and the necessity and safety of a detention pond. Mr. Ron Haskins, 2204 Danielle Drive, spoke in opposition to the proposed development and regarding buffering between the proposed development and residents and the retention pond. Mr. Stephen Bates, 2205 Danielle Drive, spoke in opposition to the proposed ordinance and regarding a screening buffer between the proposed commercial development and residents, construction of the detention pond and alternate zoning that allows for more control and accountability. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly stated the City Council is only dealing with the subject property outline today, which is zoned agricultural, and the applicant also owns the property west toward SH26, which has been previously zoned in past years and he can develop that property as he sees fit to the standards that are in the ordinance for that property. Discussion ensued regarding the requirements for screening and the ownership of the current fence between the proposed development and residential property. City of Colleyville Page 5 Printed on 6/26I2D08 City Council City Council Minutes -Draft June 17, 2008 City Manager Bill Lindley stated the Land Development Code and the zoning for CC-1 property requires an eight foot wood, masonry or combination fence. If there is presently a fence on the adjoining property and the developer of this property benefits from that fence, then the developer would be responsible for the future maintenance and reasonable care of the fence. Discussion continued regarding development requirements for CC-1 and PUD-C zoning and the potential expansion of the area for zoning consideration. Mayor Pro Tem Ayers asked the City Attorney to explain the process for the developer to resubmit the zoning request as a PUD-C. City Attorney Matthew Boyle stated there are both objective and subjective requirements for a PUD application; you would have to be certain you had an application that met the objective requirements for a PUD-C in order to convert this from a straight zoning application to a PUD-C zoning application. At a minimum, that would have to include a detailed site plan that met lot width and depth requirements, in addition to a whole series of additional requirements that Mr. Ruthven can probably provide. But, you would have to have all of those in place before you could consider a legislative standard review for approval of a PUD-C zoning case. Mayor Pro Tem Ayers asked the City Attorney if the City Council were to pass this as CC-1, if the only discretion the City Council would have, subsequently when a site plan is proposed, is strictly ministerial. City Attorney Matthew Boyle stated that would be correct on both a site plan and a plat basis for site plan and/or a plat on the lot that is subject to the application, the adjacent CC-1 zoned lots or a combination of the CC-1 lots to the left or west and the subject property. Discussion continued regarding the allowed uses for Agricultural, CC-1 and PUD-C zoning and the process for changing the CC-1 zoning request to a PUD-C. Mayor Pro Tem Ayers moved to continue the public hearing for Ordinance 0-08-1683 to July 1, 2008. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor City of Colleyville Page 6 Printed on 6/26/2008 City Council City Council Minutes -Draft June 17, 2008 City Attorney Matthew Boyle stated, "One additional caveat that I must interject is that we have to presuppose that you have the ability on the subject property alone have its own freestanding PUD lot; at this point, we don't have enough information to make that determination. If it is not the case, then you cannot have a PUD on just the subject property. Between now and sooner than July 1, staff can make that determination". 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1684 Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding vehicle sign set back from street right-of-way, Case G-08-024 Mayor Kelly read the caption of Ordinance 0-08-1684. Community Development Coordinator Ron Ruthven provided an overview of the proposed amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding vehicle sign set back from street right-of-way. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6b 0-08-1685 Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding Real Estate Open House Sign Regulations, Case G-08-022 Mayor Kelly read the caption of Ordinance 0-08-1685. Community Development Coordinator Ron Ruthven provided an overview of the proposed amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding Real Estate Open House Sign Regulations. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. City Council requested the proposed ordinance be revised to reflect open house signs may exhibited midnight Friday to midnight Sunday. City of Colleyville Page 7 Printed on 6/26/2048 City Council City Council Minutes -Draft June 17, 2008 6c 0-08-1686 Adopting the annual budget for Fiscal Year 2009 (FY2009) of the Colleyville Crime Control and Prevention District (CCCPD) Finance Director Terry Leake stated the proposed Colleyville Crime Control and Prevention District (CCCPD) Board approved the proposed budget with an amendment to designate $30,000 for landscaping at the Justice Center and reviewed the revenue projections. Police Chief Tommy Ingram provided an overview of the proposed CCCPD expenditures. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly stated there is also a debt service requirement of $502,721. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-2978 Consideration of appointments to the Colleyville Economic Development Corporation (CEDC) Board Mayor Kelly read Resolution R-08-2978 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations. Mayor Kelly moved to approve Resolution R-08-2978, appointing Mayor Pro Tem Jon Ayers, Councilmember Tom Hart and Councilmember Tony Licata to the Colleyville Economic Development Corporation Board with a term concurrent with their City Council term. Mayor Pro Tem Ayers declined the nomination and nominated Councilmember Carol Wollin. Mayor Kelly accepted the amendment. ~: Mayor Pro Tem Ayers seconded the motion. City of Colleyville Page 8 Printed on 6/26/2008 City Council City Council Minutes -Draft June 17, 2008 The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7b R-08-2979 Approval of changing the dates of regular City Council meetings in November 2008 and March 2009 Mayor Kelly read Resolution R-08-2979 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approve Resolution R-08-2979. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7c R-08-2980 Approval to amend and replace Resolution R-07-2859, adopting Rules of Procedure for City Council meetings pursuant to the authority granted in Section 3.096 of the City Charter and establishing an effective date Mayor Kelly read Resolution R-08-2980 in its entirety. City Secretary Cynthia Singleton presented the proposed modifications to the City Council Rules of Procedure. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Pro Tem Ayers moved to approve Resolution R-08-2980, with an amendment to Paragraph 1.2, Prior Resolutions: change Resolution R-08-2980 to Resolution R-07-2859. Councilmember Taylor seconded the motion. City of Colleyville Page 9 Printed on 6/26/2008 City Council City Council Minutes -Draft June 17, 2008 The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. REPORTS: Library Board Minutes -April 14, 2008 Zoning Board of Adjustment Minutes - Apri129, 2008 Library Board Minutes -May 12, 2008 Planning and Zoning Commission Minutes -May 12, 2008 Colleyville Trails and Sidewalks Committee Minutes -May 13, 2008 There was no discussion of this item. 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JUNE 17, 2008 - Reading and Public Hearing -Resolution R-08-2981 This resolution was not needed. 11. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 9:20 p.m. City of Colleyville Page 10 Printed on 6/26/2008 City Council City Council Minutes -Draft June 17, 2008 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 Cify of Colleyvi0e Page 11 Printed on 6/26/2008 ~~ City Hall City of Cotteyvilte 100 Main Street ~"i Colleyville, Texas 76034 City Council Minutcs -Draft 817.503.1000 rr,,, www.colleyville.com City Council Worksession Thursday, May 29, 2008 6:00 PM Executive Conference Room, Third F{oor 2. 2a 2b Presentation and Discussion of Preliminary Fiscal Year 2009 (FY 2009) Budget City Manager Bill Lindley outlined the meeting format. Finance Director Terry Leake presented preliminary revenue estimates, Texas Municipal Retirement System contribution rates and benefits, employee compensation and benefit funding requirements and debt refinancing options. There was general discussion regarding the Texas Municipal Retirement System contribution rates. Discussion of Fiscal Year 2009 (FY 2009) Budget Priorities Department Directors presented an overview of the Fiscal Year 2009 departmental requests for service programs, equipment and personnel and answered questions of the City Council. Mayor Kelly recessed the meeting at 7:14 p.m. and reconvened' ~ at 7:20 p.m. The Worksession of the Colleyville Ciry Council was called to order by Mayor David Kelly on May 29, 2008, at 6:06 p.m. ROLL CALL: Councilmembers Tony Licata, Tom Hart and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Police Chief Tommy Ingram, Interim Economic Development Manager Mike Johnston, Public Works Director Steve Chutchian, Finance Director Terry Leake, Colleyville Center Manager Lin Przybyl, Community Development Coordinator Ron Ruthven, Library Director Mary Rodne, Parks and Recreation Director Monica Walsh, Network Administrator Paul dePingre and City Secretary Cynthia Singleton were also present. Councilmembers Carol Woilin, Rich Hendler and Mayor Pro Tem Jon Ayers were absent. Presentation and Discussion City of Colleyville page ~ Printed on f;H3/2008 City Council Worksession City Council Minutes -Draft May 29, 2008 The departmental presentations resumed. 2c 2d 3. Adjournment Review and Discussion of the City Council Rules of Procedure The meeting was adjourned prior to this item being discussed_ Review of the Fiscal Year 2008 (FY 2008) Work Initiatives and Discussion of the Fiscal Year 2009 (FY 2009) Work Initiatives The meeting was adjourned prior to this item being discussed. There being no further business before the City Council, Mayor Kelly adjourned the meeting at 8:39 p.m. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND DAY OF 2008. City of Colleyville page y Printed on 6/13/2008 =~"` City of Colleyville City Hall 100 Main Street . ~' Colleyville, Texas 76034 City Council Minutes -Draft 817.503.1000 rex,i www.colleyville.com City Council Worksession Friday, May 30, 2008 1:30 PM Executive Conference Room, Third Floor 2. 2a 2b 2c Presentation and Discussion of Preliminary Fiscal Year 2009 (FY 2009) Budget City Manager Bill Lindley outlined the meeting format and discussion points. Finance Director Terry Leake reviewed the Fiscal Year 2009 Budget Calendar and the timeline for receiving the Tarrant County certified appraisal roll. Discussion of Fiscal Year 2009 (FY 2009) Budget Priorities This item was discussed during the City Council Worksession on May 29, 2008. Review and Discussion of the City Council Rules of Procedure City Secretary Cynthia Singleton presented proposed changes to the City Council Rules of Procedure. The Worksession of the Colleyville City Council was called to order by Mayor David Kelly on May 30, 2008, at 1:42 p.m. ROLL CALL: Councilmembers Tony Licata and Mike Taylor were present. Mayor David Kelly, City Manager Bill Lindley, Police Chief Tommy Ingram, Finance Director Terry Leake, Human Resources Manager Elise Welborn and City Secretary Cynthia were also present. Councilmembers Carol Wollin, Tom Hart, Rich Hendler and Mayor Pro Tem Jon Ayers were absent. Presentation and Discussion City of Colleyville Page >' Printed on 6/27/2008 City Council Worksession City Council Minutes -Draft May 30, 2008 City Council determined the following changes to the City Council Rules of Procedure: Section IV. Conduct of Meetings, add subsection 4.8: Written Correspondence. A citizen's request in the reading of a statement into the public record as part of a City Council agenda item is at the sole discretion of any member or alt of the governing body. The City Council is not obligated to provide for a reading of correspondence into the public record on behalf of an absent individual as part of a City Council public hearing. The City Council, any or all Councilmembers, may elect to provide for a reading of the correspondence, make reference indicating the general position of the correspondence or pass over the correspondence. The correspondence is provided to City Council and is included in the City Council agenda packet. Section VII. Procedures for City Council Appointments, subsection 7.2, third sentence, should read: If no applications are received or fewer applications than open position(s), the City Council may fill position(s) from the floor or request the City Secretary to advertise the open position(s). 2d Review of the Fiscal Year 2008 (FY 2008) Work Initiatives and Discussion of the Fiscal Year 2009 (FY 2009) Work Initiatives City Manager Bill Lindley reviewed the Fiscal Year 2008 Work Initiatives. Discussion ensued regarding the Texas Municipal Retirement System program, computer network technology and wireless meter reading systems. Mayor Kelly recessed the meeting at 3:05 p.m. and reconvened at 3:45 p. m. There was general discussion of the Fiscal Year 2009 proposed Work Initiatives including rail and mobility studies, SH26 overlay study, Street Capital Improvement Program, safe community initiatives, community legacy plan, employee compensation and workforce plan, retail campaign program and financial plans for various projects. 3. Adjournment There being no further business before the City Council, Mayor Kelly adjourned the meeting at 4:30 p.m. City of Colleyville page y Printed on 6/27l2008 City Council Worksession City Council Minutes -Draft May 30, 2008 APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, NAYS AND _ DAY OF 2008. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Copeyville page 3 printed on 6/27/2008 qug~rr ~,y Cit of Colle ville city Hal' '°" ~ ~ ~ Colleyville,aTexas 76034 '~,~y' Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1684 File Number: 0-08-1684 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 07/01/2008 Agenda No.: 5a Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding vehicle sign set back from street right-of-way, Case G-08-024 Attachments: Proposed Amendment to Prohibited Signs Ordinance 0-08-1684 History of Legislative File Version: Date: Acting Body: Action Text: 06/17/2008 City Council 07/01/2008 City Council Title Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding vehicle sign set back from street right-of-way, Case G-08-024 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the June 17, 2008 meeting. First Reading and Public Hearing This item was presented for discussion at the May 6, 2008 Pre Council meeting. Staff was directed to bring forward an amendment to the Land Development Code, Sign Regulations, repealing Section 7-215(D) Prohibited Signs -Vehicle Signs for City Council consideration. Section 7-215(D) in the Land Development Code restricts signs on vehicles that are parked within 40 feet of a public right-of-way where the intent of parking the vehicle is to utilize the sign to advertise to traffic within the public right-of-way. Section 7-215(D) -Prohibited Signs states: "No vehicle containing a sign that is large enough to be discernable from a public right-of-way shall be parked within forty (40) feet of a public right-of-way where the intended purpose is its use as a sign for the subject matter displayed on the vehicle." Responding to the Pre Council meeting discussion, staff recommends repealing,this section due to the complexities of enforcing the ordinance given the numerous types of signs found on vehicles and the fact that the ordinance does not differentiate between the types of signs allowed or the length of time a vehicle may be parked within 40 feet of a public right-of-way. City of Colleyville Page 1 Printed on 6/23/2008 Agenda Briefrn_g Continued (0-08-1684) For example, vehicles with signs that are painted or glued on the side of the vehicle are much different from a truck or van with a large banner sign affixed to the vehicle. Additionally, determining the "intention", as stated in the ordinance, of whether or not a vehicle with a sign is purposely being used to advertise a business or product along the side of a street, is difficult to interpret, as well as enforce. Financial Impact It has been determined that there is no financial impact. Recommendation Approval ~~ City of Colleyville Page 2 Printed on 6/23/2008 Proposed Amendment to Prohibited Signs . -. The signs described in this Section shall be prohibited within the corporate limits of the City of Colleyville. A. Off-Premises Signs -Off premises signs, including billboards, are prohibited in the City of C"olleyville, except where specifically allowed by these regulations. B. Obscene Signs - It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. C. Portable Signs - No person shall erect or allow to be displayed on the premises owned or controlled by him a portable sign. No person shall attach any sign to a trailer, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. A temporary sign allowed by these regulations may be constructed on skids where there is no opportunity for the sign supports to be installed in the ground. E. Roof Sign -Signs mounted on roofs or above a parapet are not permitted. F. Painting, Marking, Attaching, Materials to Streets, Sidewalks, etc. - No person shall attach any sign, whether consisting of paper, plastic, or paint, or stencil or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether public or private, utility pole, public building, fence or structure except as allowed by the sign code. G. Attaching Signs to Fences or Utility Poles - No person shall attach a sign to a fence or a utility pole, except a small sign identifying the name of the fence company not discernable from the street. H. Moving and Flashing Siqns - No person shall erect or allow to be displayed upon premises owned or controlled by him any illuminated, animated, moving or flashing sign. Exception: Only a sign, which has illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature, only shall not constitute a flashing sign. I. Balloons and Inflatable Advertising - No person shall erect or allow to be displayed as a sign, any balloon, flag, pennant or other floating or inflatable advertising device anchored to the ground or to any other structure, except as allowed by a grand opening sign permit. J. Non-Combustible Material -Any sign with either direct or indirect illumination which is attached to the sign shall be constructed of non-combustible materials. Such signs shall be supported by non-combustible supports. Proposed Amendment to Prohibited Signs K. Simulation of Traffic Control Signs - No sign shall obstruct the free and clear vision at any location, where as a result of the position, size, movement, shape, color, fashion, manner or intensity of illumination or any other characteristics, such sign may interfere with vehicular or pedestrian traffic. Nor shall any person erect or allow to be displayed upon premises owned or controlled by him any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or character, or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. L. Non-Defined Siqns - No person shall erect or allow to be displayed upon premises owned or controlled by him any sign that is not specifically allowed by this Chapter. ORDINANCE 0-08-1684 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 7, SIGN REGULATIONS, SECTION 7-215 -PROHIBITED SIGNS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new sign ordinance by amending the Special Purpose Sign Districts and Regulations; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, all statutory and legal prerequisites for the passage of this ordinance have been met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found fo be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT Chapter 7 -Sign Regulations, of the Land Development Code, is hereby amended to amend Section 7-215 -Prohibited Signs as shown in the attached as Exhibit "A". Sec. 3. THAT all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Colleyville, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty or nolo contendere, or dismissal. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall upon conviction be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Ordinance 0-08-1684 Page 2 of 2 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 the effective date of this ordinance shall be immediate upon 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 Ketly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -. The signs described in this Section shall be prohibited within the corporate limits of the City of Colleyville. A. Off-Premises Signs -Off premises signs, including billboards, are prohibited in the City of Colleyville, except where specifically allowed by these regulations. B. Obscene Signs - It shall be unlawful for any person to display upon any sign any obscene, indecent or immoral matter. C. Portable Siqns - No person shall erect or allow to be displayed on the premises owned or controlled by him a portable sign. No person shall attach any sign to a trailer, or similar mobile structure, where the primary use of such structure is to provide a base for such sign or to constitute the sign itself. A temporary sign allowed by these regulations may be constructed on skids where there is no opportunity for the sign supports to be installed in the ground. D. Roof Sign -Signs mounted on roofs or above a parapet are not permitted. E. Painting, Marking, Attaching, Materials to Streets, Sidewalks etc. - No person shall attach any sign, whether consisting of paper, plastic, or paint, or stencil or write any name, number (except house numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether public or private, utility pole, public building, fence or structure except as allowed by the sign code. F. Attaching Siqns to Fences or Utility Poles - No person shall attach a sign to a fence or a utility pole, except a small sign identifying the name of the fence company not discernable from the street. G. Moving and Flashing Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any illuminated, animated, moving or flashing sign. Exception: Only a sign, which has illumination, that is turned on and off, changes in light intensity, color or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is further provided that a sign, which uses illumination to provide time of day and/or temperature, only shall not constitute a flashing sign. H. Balloons and Inflatable Advertising - No person shall erect or allow to be displayed as a sign, any balloon, flag, pennant or other floating or inflatable advertising device anchored to the ground or to any other structure, except as allowed by a grand opening sign permit. I. Non-Combustible Material -Any sign with either direct or indirect illumination which is attached to the sign shall be constructed of non-combustible materials. Such signs shall be supported by non- combustible supports. J. Simulation of Traffic Control Signs - No sign shall obstruct the free and clear vision at any location, where as a result of the position, size, movement, shape, color, fashion, manner or intensity of illumination or any other characteristics, such sign may interfere with vehicular or pedestrian traffic. Nor shall any person erect or allow to be displayed upon premises owned or controlled by him any sign in such a manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal, or device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger," or any other similar word, phrase, symbol or character, or employ any red, yellow, orange, green or other colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or pedestrian traffic. K. Non-Defined Signs - No person shall erect or allow to be displayed upon premises owned or controlled by him any sign that is not specifically allowed by this Chapter. ' `~ ~~~~~~ ~ ` X Cit of Colle ville y Y City Hall 100 Main Street „~ . `' =~ ° Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1685 File Number: 0-08-1685 File Type: Ordinance Status: Second Reading Version: 1 Agenda Date: 07/01/2008 Controlling Body: City Council Requester: Community Agenda No.: 5b Final Action: Development Department File Name: Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding Reaf Estate Open House Sign Regulations, Case G-08-022 Attachments: Proposed Open House Sign Regulations Ordinance 0-08-1685 History of Legislative File Version: Date: Acting Body: Action Text: 1 06/17/2008 City Council 1 07/01/2008 City Council Title Approval of an amendment to Chapter 7 -Sign Regulations of the Land Development Code regarding Real Estate Open House Sign Regulations, Case G-0$-022 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the June 17, 2008 meeting. The City Council requested the time period regulation for the display of open house signs be changed to weekends between 12:00 a.m. Saturday and 12:00 a.m. Monday. The current time period regulation for the display of open house signs is from 12:00 noon on Friday to 12:00 noon the following Monday. First Reading and Public Hearing This item was presented at the May 6, 2008 Pre Council meeting. Upon discussion, City Council directed staff to bring forward an amendment to the Open House Sign Regulations in the Land Development Code Amending Section 7-190 Weekend Builder/Real Estate Open House Signs. Based on the discussion from this meeting, staff proposes the following changes: (1) prohibiting open house signs within 25 foot visibility triangles at street intersections, (2) reducing the number of signs that may be displayed for a single property from three to two signs, and (3) requiring all open house signs to include the open house address, open house date(s), and house public viewing time(s). City of Colleyville Pagel _ Printed on ti/26/2008 Agenda Briefing Continued (0.08-1685) In an effort to better understand any hardships the ordinance might create for area realtors, staff held an informational meeting at the Colleyville Center on Thursday, April 17, 2008. Realtors registered with the Building Inspection Department within the last two years were sent copies of the proposed changes and invited to attend the meeting and express their comments. Nine realtors were notified of the meeting, four realtors attended. Concerns were expressed regarding the amount of time open house signs may be displayed during the weekend (the proposed ordinance stated open house signs could only be posted two hours before and after an open house event). These concerns have been addressed by maintaining the current time restriction of 12:00 noon Friday to 12:00 noon the following Monday. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 6/26/2008 Proposed Open House Signs Regulations -Section 7-190 K. Weekend Builder /Real Estate Open House Signs -The puipose of Weekend Builder /Real Estate Open House Signs is to assist the general public by providing direction to available residential properties in Colleyville. Signs that advertise developments located outside the corporate limits of Colleyville shall be prohibited. 1. Definition. Open House: A means of advertising and marketing a property that is for sale. A period of time during which a builder, developer, or real estate agency markets the home by inviting buyers in for a public viewing to see the interior without making an appointment. Weekend builder /real estate open house signs may be placed on private property or in the public right-of--way with the approval of the adjacent property Max Area owner, provided the advertiser has a valid annual permit required by these . f 6 s regulations. Signs placed within the public right-of--way shall be situated not more than five (5) feet from the right-of--way line and shall be no closer than _ . `t three (3) feet from the edge of the sign to the edge of the street pavement. No weekend builder /real estate open house sign shall block vehicular visibility. weekend Builder and Approval of an annual permit does not grant unlimited access or use of the Real Estate Open House Sign public right-of--way, therefore, it shall be the responsibility of the builder, owner, or real estate agency to secure permission of the property owner for placement of the signs on private property or in the adjacent street right-of--way. Open house signs shall pat be posted within visibility triangles. No sign shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. ~4t all street intersections, clear vision shall be maintained across the lot,for a distance of twenty-five (25') eet back from the property corner along both streets. Within this triangle, vision shall be clear at elevations between thirty inches (30 ") and nine feet (9') above the avera e curb grade. 3. A builder, developer, or real estate agency must be registered with the City of Colleyville to qualify and participate as a weekend advertiser or for open house signs. An annual permit is required for each builder, developer or real estate agency, which shall expire on December 31 each year. The permit fee shalt be established by separate ordinance approved by the City Council. Note: For purpose of this regulation a real estate agency shall be defined as the real estate broker or owner holding a franchised agency. 4. A weekend builder /real estate open house sign shall not exceed six (6) square feet in area and four (4} in height. No sign shall be placed on trees, utility poles, traffic control signs or within a street median or encroach over a sidewalk. 5. Maximum number of Weekend Builder Signs: The maximum number of signs displayed at any one time for a weekend builder shall not exceed twenty (20) signs for any subdivision. 6. Maximum number of Real Estate Open House Signs: The maximum number of signs di~layed at any one time for a real estate agency shall not exceed lwent~(20~gns, provided no more than two (2) silrns shall be displayed within the right-of--way ,for any single residential property One (I) on-site open house sign shall be located on the premises of the open house for property identification. The sin shall be in accordance with the open house sign maximum effective area specifications. The house shall be open for a ~3tblic viewing to see the interior without making an appointment jot the entire period during which open house signs advertise the property. Real estate open house signs shall be limited to directing traffic to an open house. All open house signs shall include the open house address, open house date(s), and open house public viewing time(s). Open house viewing times shall refer to the availabilit~of the public to view the interior of a home without making an appointment. The information shall be located on the advertising surface o the si nand shall not be attached to the pole ofthe sib 7. ~ :ce;,: u~ ..c•,e~, ~'.:e~e. ~:b ., Weekend builder signs may be exhibited from 12:00 noon on Friday till 12:00 noon on the following Monday. Open house signs may be exhibited only between the hours of 12:00 a.m. Saturday to 12:00 a.m. on the following Monday. A holiday falling on a Friday or a Monday will be considered as part of the weekend. ORDINANCE 0-08-1685 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 7, SIGN REGULATIONS, SECTION 7-190(K) -WEEKEND BUILDER / REAL ESTATE OPEN HOUSE SIGNS; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new sign ordinance by amending the Special Purpose Sign Districts and Regulations; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and WHEREAS, all statutory and legal prerequisites for the passage of this ordinance have been met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT Chapter 7 -Sign Regulations, of the Land Development Code, is hereby amended to amend Section 7-190(K) regarding Real Estate Open House Signs to read as shown in the attached as Exhibit "A". Sec. 3. THAT all ordinances or any parts thereof in conflict with the terms of this ordinance shall be and hereby are deemed repealed and of no force or effect; provided, however, that the ordinance or ordinances under which the cases currently filed and pending in the Municipal Court of the City of Colleyville, Texas, shall be deemed repealed only when all such cases filed and pending under such ordinance or ordinances have been disposed of by a final conviction or a finding of not guilty or nolo contendere, or dismissal. Ordinance 0-08-1685 Page 2 of 2 Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall upon conviction be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. 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 the effective date of this ordinance shall be immediate upon 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 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of Matthew C. G. Boyle City Attorney Exhibit "A" mendment to Section 7-190(K) -Weekend Builder !Real Estate Open House Signs K. Weekend Builder /Real Estate Open House Signs -The purpose of Weekend Builder /Real Estate Open House Signs is to assist the general public by providing direction to available residential properties in Colleyville. Signs that advertise developments located outside the corporate limits of Colleyville shall be prohibited. 1. Open House Sign Definition: A means of advertising and marketing a property that is for sale. A period of time during which a builder, developer, or real estate agency markets the home by inviting buyers in for a public viewing to see the interior without making an appointment. 2. Weekend builder /real estate open house signs may be placed on T private property or in the public right-of-way with the approval of the Max. ,area adjacent property owner, provided the advertiser has a valid annual 6 s. f. permit required by these regulations. Signs placed within the public ~' right-of-way shall be situated not more than five (5) feet from the right- of-way line and shall be no closer than three (3) feet from the edge of the sign to the edge of the street pavement. No weekend builder /real Weekend Builder estate open house sign shall block vehicular visibili A royal of an and ty pp Real Estate Open House Sign annual permit does not grant unlimited access or use of the public right- of-way, therefore, it shall be the responsibility of the builder, owner, or real estate agency to secure permission of the property owner for placement of the signs on private property or in the adjacent street right-of--way. Open house signs shall not be posted within visibility triangles. No sign shall be located or placed where it obstructs the vision of motor vehicle drivers approaching any street intersection. At all street intersections, clear vision shall be maintained across the lot for a distance of twenty-five (25') feet back from the property corner along both streets. Within this triangle, vision shall be clear at elevations between thirty inches (30") and nine feet (9') above the average curb grade. 3. A builder, developer, or real estate agency must be registered with the City of Colleyville to qualify and participate as a weekend advertiser or for open house signs. An annual permit is required for each builder, developer or real estate agency, which shall expire on December 31 each year. The permit fee shall be established by separate ordinance approved by the City Council. Note: For purpose of this regulation a real estate agency shall be defined as the real estate broker or owner holding a franchised agency. 4. A weekend builder /real estate open house sign shall not exceed six (6) square feet in area and four (4) in height. No sign shall be placed on trees, utility poles, traffic control signs or within a street median or encroach over a sidewalk. 5. Maximum number of Weekend Builder Signs: The maximum number of signs displayed at any one time for a weekend builder shall not exceed twenty (20) signs for any subdivision. 6. Maximum number of Real Estate Open House Signs: The maximum number of signs displayed at any one time for a real estate agency shall not exceed twenty (20) signs, provided no more than two (2) signs shall be displayed within the right-of-way for any single residential property. One (1) on-site open house sign shall be located on the premises of the open house for property identification. The sign shall be in accordance with the open house sign maximum effective area specifications_ The house shall be open for a public viewing to see the interior without making an appointment for the entire period during which open house signs advertise tf~e property. Real estate open house signs shall be limited to directing traffic to an open house. All open house signs shall include the open house address, open house date(s), and open house public viewing time(s). Open house viewing times shall refer to the availability of the public to view the interior of a home without making an appointment. The information shall be located on the advertising surface of the sign and shall not be attached to the pole of the sign. 7. Weekend builder signs may be exhibited from 12:00 noon on Friday till 12:00 noon on th following Monday. Open house signs may be exhibited only between the hours of 12:00 a.m. Saturday to 12:00 a.m. on the following Monday. A holiday falling on a Friday or a Monday will be considered as part of the weekend. ~~~ ` ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 7_~,•~ Agenda Briefin 817.503.1000 g www.colleyville.com File Number: 0-08-1686 File Number: 0-08-1686 file Type: Ordinance Status: Second Reading Version: 1 Agenda Date: 07/01/2008 Controlling Body: City Council Requester: Police Department Agenda No.: 5c Final Action: File Name: Adopting the annual budget for Fiscal Year 2009 (FY 2009} of the Colleyville Crime Control and Prevention District (CCCPD) Attachments: FY 2009 CCCPD Bu dget.pdf Ordinance 0-08-1686.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 06/17/2008 City Council 1 07/01/2008 City Council Title Adopting the annual budget for Fiscal Year 2009 (FY 2009) of the Colleyville Crime Control and Prevention District (CCCPD) Explanation Second Reading and Public Hearing City Council was advised at the June 17, 2008 meeting, the Colleyville Crime Control and Prevention District (CCCPD) Board adopted the budget with the proposed expenditures listed below and included an expenditure of $30,000 for trees and landscaping at the Justice Center. The source of funding for the expenditure would be a draw down of available cash, leaving a proposed 2009 ending fund balance of $760,729. There were no speakers regarding this request at the June 17, 2008 Council meeting. First Reading and Public Hearing In accordance with the Local Government Code, the Colleyville Crime Control and ,which is comprised of active City Councilmembers, shall propose an annual budget. The budget must contain a complete financial statement, including a statement of outstanding obligations; the amount of cash on hand; the amount of money received by the district during the previous year; the estimated amount of money available to the district; the amount of money needed to fund approved programs; the amount of money requested for programs that were not approved; the tax rate for the next fiscal year; the amount of the balances expected at the end of the year in which the budget is being prepared; and the estimated amount of revenues and balances available to cover the proposed budget. This budget was presented to the CCCPD Board of Directors at their meeting June 17, 2008. City of Colleyville Page 1 Printed on 6/27l2008 Agenda 8riefinq Continued (0-08-1686) The CCCPD's projected revenue for FY 2009 is $1,374,529 including a draw down of available cash of $299,402 and expenditures of $1,173,441. Proposed expenditures are: Administrative board and audit expenses $1,850 Software and printer for Police identification cards $4,980 Police Software Annual Maintenance Contract $45,000 Four (4) police officers $291,955 Teen Court program $38,765 Four (4) replacement police vehicles and ancillary equipment $136,900 One (1) replacement administrative investigations vehicle with ancillary equipment $17,470 Protective parking awnings for police fleet vehicles $45,000 Replacing one-third of existing hand-held radios $30,000 Mobile digital computer replacement fund $15,000 Two (2) portable radar traffic safety signs $9,500 Three (3) portable accident-scene speed bumps $1,350 Four (4) automated external defibrillators $10,500 Ten (10) traffic barriers for Community Services events $2,350 40 traffic cones for Community Services events $1,900 Twelve (12) Patrol rifle sighting systems $4,200 Replacement of two (2) computer servers $14,000 Debt service $502,721 Recommendation Approval City of Colleyville Page 2 Printed on 6/25/2008 COLLEWILLE CRIME CONTROL DISTRICT FY 2009 BUDGET PROJECTED PROPOSED FISCAL YEAR 2008 2009 BEGINNING FUND BALANCE $898,441 $889,044 REVENUES: 12 CENT SALES TAX REVENUE 57.024,395 $1,055,127 INTEREST INCOME $25,000 $20,000 USE OF AVAILABLE CASH $209,996 $329,402 TOTAL REVENUES $1,259,391 $7,404,529 EXPENDITURES: ADMINISTRATIVE BOARDlAUDIT EXPENSES: $850 $1,850 STATE REQUIRED POLICE ID CARDS $1,500 $0 SOFTWARE AND PRINTER FOR POLICE ID CARDS $0 $4,980 POLICE SOFTWARE ANNUAL MAINTENANCE CONTRACT $0 545,000 PERSONNEL: POLICE OFFICERS: 3 OFFICERS - FY 2008 / 4 OFFICERS - FY 2009 $212,370 $291,955 TEEN COURT $36,750 $38,765 CAP?AL- VEHICLES: REPLACEMENTS -FOUR PATROL VEHICLES AND EOUIPMENT $144,980 $736.900 REPLACEMENT-0NE INVESTIGATIONS/ADM. VEHICLE $0 $17,470 NEW -PATROL VEHICLE AND EOUIPMENi $42,750 $0 NEW -TWO MOTORCYCLES AND RADIOS $47,000 SO EQUIPMENT: OPTICOM UPGRADE FOR POLICE VEHICLES $16,000 $0 SECURITY SOFTWARE UPGRADE FOR MOBILE DATA COMPUTERS $10,094 $0 REPLACEMENT -HAND HELD RADIOS (1/3) $30,000 $30,000 PROTECTIVE PARKING LOT AWNINGS $0 $45,000 2 PORTABLE RADAR TRAFFIC SAFETY SIGNS $0 $9,500 3 PORTABLE ACCIDENTSCENE SPEED BUMPS $0 $1,350 4 AVTOMATED EXTERNAL DEFIBRILLATORS (AEDs) $0 $10,500 10 TRAFFIC BARRIERS FOR COMMUNITY SERVICES EVENTS $0 $2,350 40 TRAFFIC CONES FOR COMMUNITY SERVICES EVENTS $0 57.900 12 PATROL RIFLE SIGHTING SYSTEMS $0 $4,200 REPLACEMENT (2) COMPUTER SERVER $0 $14,000 TREES AND LANDSCAPING -JUSTICE CENTER $0 $30,000 DEBT SERVICE: 1999 CERTIFICATES OF OBLIGATION / 2006 REFUNDING DEBT $501,498 5502,721 TRANSFERS: CAPITAL EQUIPMENT REPLACEMENT FUND - IN-CAR MOBILE DIGITAL COMPUTER SYSTEM $15,000 $15,000 TOTAL EXPENDITURES $1,058,792 $1,203,441 EXCESS REVENUES OVER EXPENDITURES $200,599 8201,088 ENDING FUND BALANCE $889,044 $760,729 ' MUST HAVE A 1 4 TIMES COVERAGE RATIO ($201,088) FOR DEBT SERVICE PAYMENT ORDINANCE 0-08-1686 AN ORDINANCE ADOPTING AN ANNUAL BUDGET FOR FISCAL YEAR 2009 FOR THE COLLEYVILLE CRIME CONTROL AND PREVENTION DISTRICT, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2008 THROUGH SEPTEMBER 30, 2009, A COPY OF SAME BEING ON FILE IN THE OFFICE OF THE CITY SECRETARY, TO BECOME EFFECTIVE UPON PASSAGE BY THE CITY COUNCIL. WHEREAS, the laws of the State of Texas require the Board of Directors of the Colleyville Crime Control and Prevention District to adopt a budget of projected revenues and proposed expenditures, cash on hand at the. start of the year, the amount of money received during the prior year, the tax rate and the projected ending fund balance; and WHEREAS, on June 17, 2008, the Board of Directors of the Colleyville Crime Control and Prevention District approved the following budget; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT the budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009 for the Colleyville Crime Control and Prevention District, a copy of which is on file in the office of the City Secretary, is hereby made a part of this ordinance by reference and is hereby approved and adopted by the City Council of the City of Colleyville, Texas, as the official budget for the fiscal year beginning October 1, 2008 and ending September 30, 2009 and that the City Manager is authorized to execute all contracts and agreements approved as a part of the budget. Sec. 3. THAT the budget of the fiscal year beginning October 1, 2008, and ending September 30, 2009, for the Colleyville Crime Control and Prevention District with a sales and use tax rate of .5%, is hereby fixed as follows: Projected Revenue Received in Fiscal Year 2008 $1,259,391 ~; Ordinance 0-08-1686 Page 2 of 2 Projected Cash on Hand as of October 1, 2008 $ 889,044 Revenues $1,404,529 Expenditures $1,203,441 Ending Fund Balance at September 30, 2009 $ 760,729 AND IT 1S SO ORDERED. The first reading and public hearing being conducted on the 2008. The second reading and public hearing being conducted on the 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE: David Kelly Mayor day of day of Matthew C.G. Boyle City Attorney C•~ iy City of Colleyville 100 Mlain Street Colleyville, Texas 76034 '~~~~~~ Agenda Briefing 817.503.1000 www.colleyvilte.com File Number: 0-08-1687 File Number: 0-08-1687 Version: 1 File Type: Ordinance Agenda Date: 07/01/2008 Requester: Parks and Recreation Agenda No.: 6a Department Final Action: File Name: Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities Status: First Reading Attachments: Ordinance 0-08-1687 Controlling Body: City Council History of Legislative File Version: Date: Acting Body: Action Text: 1 07/01/2008 City Council Title Approval to amend Ordinance 0-04-1492 relative to fees and reservations for the use of park athletic and recreation facilities Explanation First Reading and Public Hearing User fees and policies are in place for City Park and Pleasant Run athletic fields. These proposed amendments provide for a change in the policies for City Park as follows. Ballfields: Game Fields, Section 2. Fees and Refunds e. A request for a waiver of the use of the fall Baseball Fields must be submitted, in writing, to the Parks and Recreation Department for consideration and approval of the Colleyville City Council. Adding: f. The Softball Game Fields can be used by the Colleyville Girls Softball Association for practice without a request for waiver. Bi-annually, the Colleyville Girls Softball Association (CGSA) submits a request for waiver to the City Council for approval to use the softball fields for scheduled practices. By adding subsection f. above, the CGSA will be permitted use of the softball game fields without requesting a waiver from Council. Although the Colleyville Baseball Association and Colleyville Soccer Association have not had the need to request a waiver, staff contacted both organizations and advised them of the proposed amendments. Neither organization chose to be included in the proposed amendments. City of Colleyville Page 1 Printed on 8/27/2008 Agenda Briefing Continued (0-08-1687) On June 2, 2008, the Parks and Recreation Advisory Board recommended approval of the proposed amendments. Financial Impact It has been determined that there is no financial impact Recommendation Approval City of Colleyville Page 2 Printed on 6/27/2008 ORDINANCE 0-08-1687 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 66 OF THE COLLEYVILLE CODE, RELATIVE TO FEES AND RESERVATIONS FOR THE USE OF PARK ATHLETIC AND RECREATIONAL FACILITIES; PROVIDING THIS ORDINANCE BE CUMULATIVE; PROVIDING A SEVERABILITY CLAUSE.; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, Chapter 66 of the City of Colleyville Code of Ordinances provides for the regulation and use of public parks and imposes fees for the use of park facilities; and WHEREAS, Ordinance 0-93-906, Ordinance 0-93-918, Ordinance 0-98-1108, Ordinance 0-02-1339, Ordinance 0-02-1372, Ordinance 0-04-1492 and Ordinance 0-08-1687 created and established Section 7 of the City of Colleyville Code of Ordinances relative to parks and recreational regulations; and WHEREAS, the City Council of the City of Colleyville has determined that a revision to the use of baseball and game fields is in the best interest of the citizens of the City of Colleyville. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEWILLE, TEXAS: Sec. 1. THAT the following words, terms and phrases, when used in this ordinance, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Chapter 66: Definitions 1. City cosponsored {eague play shall mean an athletic event, which is authorized, organized or scheduled with the assistance of the Parks and Recreation Department by anon-profit organization. 2. City sponsored league sha11 mean an athletic event which is authorized, organized or scheduled in whole or in part by the Parks and Recreation Department. 3. Closed field shall mean a playing field or a game field that has been closed for any use due to inclement weather or maintenance requirements of the Parks and Recreation Department. 4. Director shall mean the Director of the Parks and Recreation Department. Ordinance 0-08-1687 Page 2 of 12 5. Game field shall mean a field that has been designated by the Parks ana Recreation Department to be used solely for the purpose of conducting league play or tournament play for city sponsored or city cosponsored league play athletic events. This would include the city sponsored soccer, baseball and softball associations. Game fields are located at the Pleasant Run Soccer Complex and the Colleyville City Park. 6. Practice field shall mean a field that has been designated by the Parks and Recreation Department to be used solely for the purpose of conducting practices or non-league play for City sponsored, City cosponsored league practice athletic events and public reservations. This would include the City cosponsored soccer, baseball and softball associations. Practice fields are located at Reagan Park and Pleasant Run practice site. 7. Park shall mean a park, playground or any other area in the city, owned or used by the city, devoted to active or passive recreation. 8. Vehicle shall mean any wheeled conveyance, whether motor powered, animal-drawn or self-propelled. The term shall include any trailer of any size, kind or description. Sec. 2. THAT Chapter 66: Facility Procedures and Guidelines Tennis Court Regulations 1. It shall be unlawful for any person to use the tennis courts in the City for any purpose other than playing tennis. 2. It shall be unlawful for any person to play tennis on any tennis court while wearing any footwear other than tennis shoes. 3. It shall be unlawful for any person to ride a skateboard or skates on the tennis courts. 4. The tennis courts are available on a first-come first-serve basis. Tennis Court Reservations 1. The courts will open for play at 6:00 a.m. All games must be completed by 10:00 p.m., park closing time. 2. Courts may be reserved through the Parks and Recreation Department. Time slots for reservations are available in one and ~ one-half hour increments as seasonal conditions permit. The schedule shall bE Ordinance 0-08-1687 Page 3 of 12 determined and approved by the Parks and Recreation Director or designated representative. 3. Reservations must include the name of the individual or team, address and phone number as set forth in this policy. 4. Residents may make reservations beginning the Monday proceeding the next scheduling week (Sunday through Saturday). Non-residents may make reservations commencing on Friday proceeding the next scheduling week (Sunday through Saturday). 5. Any person or team found to be violating the terms of this section shall be denied access to the tennis courts for the remainder of the season. Rental of Park Pavilions and Refunds 1. The Parks and Recreation Director shall designate a person or person(s) to inspect all premises after usage. All deposits will be held until after pavilion use, and returned to the customer unless damage or vandalism has occurred. At this time, a refund will be processed for the deposit. 2. City related functions shall have first priority on the pavilions and shall use the pavilions without charge. 3. All other groups who reserve the pavilion for personal use, except those specified in the following section, shall pay a fee as determined by the Parks and Recreation Department. 4. All residents and non-residents who reserve the facility for business, commercial or professional gatherings may apply for the use of said pavilion during daytime hours between 8:00 a.m. and 5:00 p.m. The applicant may not make any charges, nor solicit for money of any kind or character from any person for his use of the pavilion. A liability insurance policy naming the City of Colleyville as an additional insured shall be purchased by all business, commercial or professional renters. Coverage amounts must meet those specified by the City Manager or his designee. 5. A request for a reservation must be made in person at the Parks and Recreation Department during regular business hours (8:00 a.m. until 5:00 p.m.). Reservations will be accepted from adults only (18 years or older). Reservations may be made no earlier than sixty (60) days in advance. 6. A permit shall be issued by the Parks Department stating the time, date, fee and amount of deposit and any other pertinentinformation as determined by the City. Ordinance 0-08-1687 Page 4 of 12 7. Refunds on any pavilion or park rentals unless otherwise specified, must be requested no later than three (3) working days after scheduled use, through the Parks and Recreation Department Director or designated representative. Refunds will only be considered in cases of uncontrollable events, i.e., severe weather, family emergency, etc., and must be approved by the Parks and Recreation Director. Rescheduling of allotted time is preferred and can be used up to one (1) year from the time of original date. 8. All cancellations must be made no later than three (3) days prior to reservation date to obtain a refund. Park Pavilion Policies and Guidelines 1. Alcoholic beverages are prohibited, as per ordinance. 2. Music may be played only between the hours of 9:00 a.m. and 10:00 p.m., unless otherwise approved by the Parks and Recreation Department or as permitted under the City's noise and nuisance ordinances. 3. Vehicles will be restricted to designated parking areas only, except fo~ Police, Fire emergency or maintenance vehicles from Departments. Also, the use of "bounce houses" or "moon walks" is not allowed on park property. 4. Responsibility for damages to and or maintenance of facilities growing out of usage beyond normal and usual wear will be assumed by the individual, group or organization. All paper and waste shall be deposited in proper receptacles. 5. All special permits must be obtained in person and such individual must sign such permit indicating that he/she agrees to the terms of the deposit restriction and applicable City Ordinances. 6. Decorations should not be attached to the pavilion that would tend to deface the structure including, but not limited to, staples, tacks, crepe paper, or any material that will stain. Approval shall be obtained from the Parks and Recreation Department for any special decorations. 7. Any open flames, candles (other than birthday cake candles), torches, etc. shall not be used in the pavilion and use of any decoration or equipment that requires electricity must meet appropriate fire and electrical codes. Ordinance 0-08-1687 Page 5 of 12 8. The City Manager or his designee shall determine the applicable charge or fee when an interpretation is needed, or the charge set by the Parks and Recreation Department is disputed. 9. Failure to adhere to Parks and Recreation Department rules and regulations will result in suspension of reservation privileges. 10. All decisions concerning the applicable fee, the non-refund of any portion of the deposit, or the denial of the use of the pavilion may be appealed to the City Manager or his designee. 11. The individual, group or organization will obey all rules and regulations, both written and verbal, and will not hold the City of Colleyville liable for any injury sustained while using the facility. 12. The person, whose signature appears on the reservation, or their representative is fully responsible for all participants using the facilities under the jurisdiction for the Parks and Recreation Department. Parks, Practice and Game Fields Reservations 1. City related functions shall have first priority in the city's parks and shall use these parks without charge. 2. Commercial use of any and all park facilities for filming, photographing, etc. shall require a charge plus a damage and clean-up deposit. 3. The use of picnic areas and play equipment (other than pavilion renters) shall be on a first-come, first-serve basis. No reservations are allowed. 4. Any group not sponsored by the city and desiring to use a park as a gathering place or for an event or function of any kind shall be subject to the following requirements: a. The organizer or representatives of the group desiring use of the park for an event or function shall file an application for a special permit with the Parks and Recreation Department at least thirty (30) days prior to the proposed date of the event or function. The application will be on a form provided by the Parks and Recreation Department and shall include the following information: i. name, address and telephone number of the person or persons responsible for the event or function; ~, ii. a description of the event and its proposed date and hours of duration; Ordinance 0-08-1687 Page 6 of 12 iii. estimated number of people who will be in attendance; iv. the park and park area being requested for use; v. the nature and number of vehicles, which will be used to transport people in attendance to and from the event; vi. a description of any voice or musical amplification equipment to be used; and vii. any other information that may be required by the city in order to establish additional requirements for the preservation of the public health, safety and welfare. 5. Within three (3) days of the time the application has been filed with the Parks and Recreation Department, the Assistant City Manager will be notified of the event or function and will be provided copies of the application for the purposes stated above and for the purpose of assessing the demand placed upon services by the event and the impact upon the area surrounding the park. 6. In addition to the requirements set forth in this section, the group sha' comply with any and all other applicable laws, statutes, ordinances, resolutions and rules governing use of the parks. These requirements include, but are not limited to, the payment of any fees or deposits, which may be required for the use of a public park by this ordinance. Playing Fields Ballfields: Practice Fields 1. Regulations a. During regular and post season play, all practice fields are reserved for the exclusive use of the youth sports associations, except for Sunday. b. The City also uses G-CISD facilities for baseball and softball practice fields. c. The City does charge a reservation fee for the practice baseball fields and softball fields at Reagan Park. d. The City does not charge a fee for open space areas at park facilities that have amulti-use backstop such as Kimzey Park. Ordinance 0-08-1687 Page 7 of 12 2. Fees and Refunds a. The City does not charge a fee for practice baseball/softball fields for youth sports associations and residents. The fee for each practice field for non-residents shall be $50.00 (without lights and $90.00 (with lights). Each session shall be no longer than two hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. b. If the fields are not reserved, they will be available on a first-come, first-serve basis during daylight hours. c. Refunds are available due to inclement weather, provided however, that a request for a refund is submitted to the Parks and Recreation Department, in writing, within one week of scheduled session. Failure to submit a timely request for a refund forfeits the refund. Rescheduling in lieu of a refund is permitted based upon availability of time slots. Ballfields: Game Fields 1. Regulations a. No person shall use the game fields in City Park for any purpose other than playing softball or baseball. b. During regular and post season play, all game fields are reserved for the exclusive use of the youth sports associations, except for Sunday. 2. Fees and Refunds a. During regular and post season play, the youth sports associations pay a maintenance fee for use of the game fields. b. The fee for each game field for residents and youth sports associations, outside of the regular and post-season play, shall be $50.00 (without lights) and $80.00 (with lights) per session. The fee for each game field for non-residents shall be $100.00 (without lights) and $180.00 (with lights). Each session shall be no longer than two hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. c. Commercial or organized teams or teams playing games other than those scheduled by the city's youth sports associations, shall be required to pay a fee, as established by the Parks and Recreation Department. Field reservations are required for such teams. Ordinance 0-08-1687 Page 8 of 12 d. Refunds are available due to inclement weather, provided however, that a request for a refund is submitted to the Parks and Recreation Department, in writing, within one week of scheduled session. Failure to submit a timely request for refund forfeits the refund. Rescheduling in lieu of a refund is permitted based upon availability of time slots. e. A request for a waiver of the use of the Baseball Fields: Game Fields must be submitted, in writing, to the Parks and Recreation Department for consideration and approval of the Colleyville City Council. f. The Softball Game Fields can be used by the Colleyville Girls Softball Association for practice without a request for waiver. 3. Reservations: a. All fields are available by reservation only and only for the time slot reserved. Time slots for reservations are available in two-hour increments as seasonal conditions permit. The schedule shall be determined and approved by the Parks and Recreation Director or representative. b. Each person or team is limited to one (1) time slot per week (Monday through Saturday) per calendar month. Reservations must include the name of the coach or assistant coach, address and phone number, as set forth in this ordinance. No more than one person from a team may schedule a reservation. Reservations shall not conflict with scheduled youth sports association league play. c. Youth sports associations and residents may make reservations one week (seven calendar days) prior to the succeeding month. Non- residents may make reservations commencing on the first business day of the month. d. Any person or team found to be violating the terms of this policy shall be denied access to the fields for the remainder of the season. e. The Parks and Recreation Director or designated representative is authorized to designate any game field owned or leased by the City a closed field for maintenance or to protect the surface of the game field from damage. f. It shall be unlawful to go upon a game field, which has been designated as a closed field and has posted thereon a sign stating "Closed Field - Do Not Trespass Upon This Field - $x.00 - $500.00 Fine" unless the purpose for going upon a closed field is to maintain such field. Ordinance 0-08-1687 Page 9 of 12 Soccer Fields: Practice Fields Fees and Refunds a. The City does not charge a fee for practice soccer fields for youth sports associations and residents. b. Commercial or organized teams or teams playing games other than those scheduled by the city's recreational sports associations, shall be required to pay a fee, as established by the Parks and Recreation Department. Field reservations are required for such teams. 2. Reservations a. Practice fields are available on a first-come first-serve basis. Local sports associations and teams have priority. Any person or team found to be violating the terms of this policy shall be denied access to the practice fields for the remainder of the season. Soccer Fields: Game Fields Fees and Refund a. The fee for each game field for youth sports associations and residents shall be $50.00 (without lights) and $100.00 (with lights) per session. The fee for each game field for non-residents shall be $125.00 (without lights) and $175.00 (with lights). Each session shall be no longer than two (2) hours in accordance with the reservation schedule maintained by the Parks and Recreation Department. b. Commercial or organized teams, or teams playing games other than those scheduled by the City's recreational sports associations, shall be required to pay a fee, as established by the Parks and Recreation Department. Field reservations are required for such teams. c. A request for a waiver of the use of the Soccer Fields: Game Fields must be submitted, in writing, to the Parks and Recreation Department for consideration and approval of the Colleyville City Council_ d. Refunds are available due to inclement weather, provided however, that a request for a refund is submitted to the Parks and Recreation Department, in writing, within one week of scheduled practice. Failure to submit a timely request for refund forfeits the refund. Rescheduling in lieu of a refund is permitted based upon availability of dime slots. Ordinance 0-08-1687 Page 10 of 12 2. Reservations a. All fields are available by reservation only and for the time slot reserved. Time slots for reservations are available in two (2) hour increments, as seasonal conditions permit. The schedule shall be determined and approved by the Parks and Recreation Director or representative. b. Any scheduled game on the game fields or use of the game fields shall be played in uniform with licensed officials. c. Each person or team is limited to one (1) time slot per week (Sunday through Saturday) per calendar month. Reservations must include the name of the individual or the team and coach, address and phone number, as set forth in this ordinance. No more than one person from a team may schedule a reservation. Reservations shall not conflict with scheduled league play. d. Youth sports associations and residents may make reservations one week (seven calendar days) prior to the succeeding month. Non- residents may make reservations commencing on the first business day of the month. e. Any person or team found to be violating the terms of this policy shall be denied access to the game fields for the remainder of the season. f. The Parks and Recreation Director or designated representative is authorized to designate any game field owned or leased. by the city a closed field for purposes of maintenance or to protect the surface of the game field from damage. g. It shall be unlawful to go upon a game field which has been designated as a closed field and has posted thereon a sign stating "Closed Field - Do Not Trespass Upon This Field - $1.00 to $500.00 Fine" unless the purpose for going upon a closed field is to maintain such field. Other Rental Facilities, including but not limited to sand volleyball, in-line hockey courts and basketball courts. 1. Fees a. The City does not charge a fee for the use of the sand volleyball, horseshoes, foursquare, in-line hockey and basketball courts. •, Ordinance 0-08-1687 Page 11 of 12 b. No person shall use the tennis courts, the practice or game fields or any area of a public park to charge a fee for any purpose, including private lessons or clinics. 2. Reservations a. All courts are available for use on a first-come, first-serve basis. Use of Certain Shoes Prohibited It shall be unlawful for a person to wear cleated shoes on the in-line hockey or basketball courts. Concessions The City may have concession contract(s) granting particular vendors exclusivity. All concession vendors must obtain a health permit. Residents and non-residents may request use of a concession stand. Requests must be in writing and will be reviewed by the Parks and Recreation Department Manager and the Assistant City Manager. Sports Clinics 1. Any individual or group seeking use of a park or playing field to conduct a sports clinic shall reserve the park or playing field by completing the appropriate application forms in the Parks and Recreation Department and pay a fee for the clinic to be held, as determined by the Parks and Recreation Department. 2. Scheduling of the clinics shall be determined and approved by the Parks and Recreation Director or designated representative. Clinics shall not conflict with any scheduled league play. 3. The applicant shall purchase a liability insurance .policy naming the City as an additional insured, in an amount to be determined by the City. Enforcement 1. The Parks and Recreation Department shall have the primary responsibility for the enforcement of this policy and all codes and ordinances regulating the conduct and use of park and athletic facilities. The Chief of Police shall have secondary responsibility for such enforcement. Sec. 3. THAT this Ordinance shall be and is hereby declared to be cumulative of all other ordinances of the City of Colleyville, and this ordinance shall not Ordinance 0-08-1687 Page 12 of 12 operate to repeal or affect any of such other ordinances except insofar, as the provisions thereof might be inconsistent or in conflict with the provisions of this ordinance, in which such conflicting provisions, if any in such other ordinance or ordinances are hereby repealed. Sec. 4. THAT any person, firm or corporation violating any provision of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction, be subject to a fine not to exceed the sum of Five Hundred Dollars ($500.00). Each day such violation continues or is allowed to exist shall constitute a separate violation and be punishable hereunder. 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 vafidty of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconsitutional. Sec. 6. THAT the effective date of this ordinance shall be immediate upon its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the of 2008. The second reading and public hearing being conducted on the of 2008. ATTEST: CITY OF COLLEYViLLE Cynthia Singleton, TRMC, CMC David Kelly Gity Secretary Mayor APPROVED AS TO FORM AND LEGALITY: day day Matthew C. G. Boyle City Attorney a y Ot O a c a~ Al •• Q ~ n~ ~' A ~ O l1 a ~ o ~a ~ _ m ~' ~~ ~~ ... ~ ~ O ~D vi 3 x ° ~ i N a ~ a ' ~+ r. 3~ a ~. ~ ~ ~ 3 Obi N ~' ~ C- Q, =c o o, g y a ~ ~ _ ~ ~ ~ ,,^~ '+ ~ ~V O IA+ V,Y ` - ~ ~ ` ~ i y C r ~ ~ O ~ .-- 3 ~' y O ~ c~D ~ ~ ~o y ~ O ~ 'Q_ O 3 ~ n ~D ;,~ ~ ~ S O Z c ~ '? ~ F ~, l.it 9 N ~`1 ~' c~ -~ N '1~ W '~ n O ~ ~ O ~ ~. N `~ 7 v v. A Q1 o 7 ~ ~. W D a Q cD N Z D a~ cc ~D ~ a p1 r. m ~ 3 C © z _ Q ~ O ~ Q ~~ ~ o C Q ~ ~ ~ n m ~ a y Q /~ 4~ O Z C ~ S N ~D ~ O O N ~ 3 N c~ v S .a .a :~ O O m m m c O S_ N m v a~ ~D 1. ';N O C N '~ rn m n v i.1 ' el City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 7°~s Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-08-2984 File Number: R-08-2984 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 07/01/2008 Agenda No.: 7a Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of a waiver of the perimeter street improvement requirements for 291 feet of frontage along Glade Road on Lot 1, Block 1 of the Renaissance Estates Addition located at 412 Glade Road, G-08-025 Attachments: Location Map - 412 Glade Road Applicant's Request Resolution R-08-2984 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/01/2008 City Council Title Approval of a waiver of the perimeter street improvement requirements for 291 feet of frontage along Glade Road on Lot 1, Block 1 of the Renaissance Estates Addition located at 412 Glade Road, G-08-025 Explanation Reading and Public Hearing Scott Ford, property owner of Lot 1, Block 1, Renaissance Estates Addition, located at 412 Glade Road is requesting a waiver of the perimeter street improvements, in the amount of $10,038.14. On June 9, 2008, the Planning and Zoning Commission approved the minor plat of Lot 1, Block 1 of the Renaissance Estates Addition. The subject property has 291 linear square feet of frontage along Glade Road. The owner of the property has submitted a request to the City Council to waive the $10,038.14 perimeter street costs on the grounds that they do not want to incur the expense since there was a house on the property, which was demolished in 2005, three years before the property was platted, and they do not feel that the fees are necessary. The Land Development Code states that a lot that contains an existing single-family dwelling at the time a subdivision plat application is filed with the City and the lot is situated with a zoning district that allows single-family residential uses, said lot shall have an automatic exemption from the perimeter street costs. Although the subject property is zoned R40 -Single Family Residential and, therefore, meets the zoning requirement, the City of Colleyville Page 1 Printed on 6127/2008 Agenda Briefing Continued (R-08-2984) home on the property was demolished in 2005, approximately three years prior to the plat being filed for the property. Therefore, the exemption allowed by the Land Development Code regarding the perimeter street costs could not have been applied to the subject property. Since 2000, there has been only one perimeter street fee waiver request along Glade Road between SH26 and the City of Hurst. The request was for Lots 1 and 2 of the Kamego Addition located at 200 and 204 Glade Road with both lots having a total of 318 feet of street frontage along Glade Road. The request was denied by the City Council on August 19, 2003. The City Council's options in this case are the following: 1. A_ pprove the waiver -This action would waive the perimeter street fee requirement for this property in the amount of $10,038.14. 2. Approve the waiver in part -The Council may waive a portion or percentage of the fee. 3. Deny the waiver -The property owner must escrow $10,038.14 with the City before building permits could be issued on the property. Financial Impact It has been determined that the City would incur perimeter street fees at a future date for the improvements on Glade Road. Recommendation Denial City of Colleyville Page 2 Printed on 6/27/2008 Agenda Briefrn_q Continued (R-08-2984) home on the property was demolished in 2005, approximately three years prior to the plat being filed for the property. Therefore, the exemption allowed by the Land Development .~ Code regarding the perimeter street costs could not have been applied to the subject property. Since 2000, there has been only one perimeter street fee waiver request along Glade Road between SH26 and the City of Hurst. The request was for Lots 1 and 2 of the Kamego Addition located at 200 and 204 Glade Road with both lots having a total of 318 feet of street frontage along Glade Road. The request was denied by the City Council on August 19, 2003. The City Council's options in this case are the following: 1. Approve the waiver -This action would waive the perimeter street fee requirement for this property in the amount of $10,038.14. 2. Approve the waiver in part -The Council may waive a portion or percentage of the fee. 3. Deny the waiver -The property owner must escrow $10,038.14 with the City before building permits could be issued on the property. Financial Impact It has been determined that the City would incur perimeter street fees at a future date for the improvements on Glade Road. Recommendation Denial City of Colleyville -Page 2 Printed on 6/26/2008 Location Ma - 412 Glade Road Subject Property 1j~ /~ N S Bransford Elementary School ~f~~~,~i r~~ 06/17/2008 13:22 8174282472 RENAISSANCE PAGE 02/02 Applicant's Request June 17, 2008 City o£ Colleyville Planning and Zoning 100 Main St. Colleyville, Texas 7603 Via-Us Postal sexvice Via-facsimile 817-503-1059 Attention Planning and Zoning Department, We recently platted our lot at 47<2 Glade. We pwrchased this residential lot last yeaz. Prior to our purchase there was a home on this lot that had been torn down and zexnoved. We were notified that we would be responsible for "Perimeter Street Assessments" because there is no home on the lot. We feel this unjustifiable because we and other Builders have completed Minor Plat Revisions on Glade without incurring these types of fees. We understand that P & Z feels there is a "Loop Hole" that will allow the City of Colleyville to access these fees. We respectfully request a hearing before the Colleyville City of Council to seek a "Waiver' of the these fees which we feel are unfair and unjust. Respectfully, C~~~ Scott Ford, President Renaissance Builders RECEIVED ' ~A1 .Ir f~. ~i .~'.. 'lj ~~ / fit... :.a Per t .. t>O Box 9?~!9 Southlakc, TX 76092 Fax 8l7-428-2472 Tel 817-795-6735 RESOLUTION R-08-2984 A RESOLUTION APPROVING A WAIVER OF PERIMETER STREET IMPROVEMENT REQUIREMENTS FOR 291 FEET OF FRONTAGE ALONG GLADE ROAD ON LOT 1, BLOCK 1, OF THE RENAISSANCE ESTATES ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the perimeter street improvement requirements for the 291 linear feet of street frontage on Glade Road of the Renaissance Estates Addition in the amount of $10,038.14, is hereby waived. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. 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A y a y \ l ~ ~ o ~ ~, .,. ~ ~ Q ~ ~~~ ~ ~ ~ ~ ~ 3 t ~~ ~ y r ~ " O i ~ ~ ~ a ) ~ .. ~' ~c a o ~, ti ~ a ~ ~ u ~ ~ o ~ c~ ~ ~ t c~ ~3 ~ ~ °, `° o r. ~n ~ y `< < ~ ~ ~ N - ~ ~ a 3 _ ~ O r ~. = Q. ~ y O .~ cn \I O 3 ~ ~ ~ ,~~, _ N . ~ ~ ~~ ! H 3a O ~ ~ a ` ° , - o a z m a c~ m a d c~ Z C ~ O O ~. S O (D v O c ~; -p A~ ~ ~ rn m ~ ~ o N o Q- c ~ 0 Z ~ ^ a N C ~ "C .. -a O 1 ~ ~ ~ 0 ~ ~ N ~ ~ ~ ~ ~ ~ _ '~ -a O ~ '_+ ~ O ~ 7 --w O ? N ~_ `~ 3 m 3 v ... m \, GZ /V m m n June 28, 2008 To the Colleyville City Council - RE: 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 Here is an assessment of where we are with the negotiations with Mr. Kip Whitman and his request to the city to rezone the property at the end of Danielle Drive from AG to CC1. Currently, this request has been tabled by Council as of the June 17th Council meeting in order for the petitioner and Council to consider a PUD zoning that would allow Council to apply/stipulate items associated with the rezoning. Let me premise the status by stating that the Longwood and Danielle Drive neighborhood fully support the Council's recommendation to rezone as PUD. A designation of CC1 would render the invested hours by Council and the residents in vain. As for as the consensus between the neighborhood and Mr. Whitman, a large percentage of the Danielle Dr/Cole Crt/Coleman Crt neighborhood (more than 20 homeowners) met with Mr. Whitman on Thursday, June 26th at 7 PM in the Danielle cul-de-sac. While there have been numerous neighborhood concerns regarding the development, the Longwood and Danielle Drive neighborhood have essentially narrowed their concern to issues of fencing, keeping Danielle Dr. as a cul-de-sac and reducing potential lighting in the neighborhood. Our reasonable request is the installation of a solid masonry wall 10-feet in height or a 12 foot combination masonry/wood wall that would partition the "The Gardens" development from the front yard view of the Danielle Drive neighborhood Mr. Whitman made it very clear to residents at the neighborhood meeting that he is seeking a CC1 zoning as his first priority - not a PUD as suggested by the Council at the last council meeting on June 17th. Mr. Whitman or any future owner can rescind on everything that has been verbal such as saving of key trees and any notion of a fence/wall. The Longwood and specifically the Danielle Drive neighborhood certainly support and agree with Council's recommendation to rezone as a PUD that will establish recourse and accountability. At this point, Mr. Whitman believes the agenda for next Council meeting on Tues July 1~t regarding 0-08-1683 is to argue against a PUD designation as suggested by the Council. As an action item from the neighborhood meeting, the Danielle residents are expecting from Mr. Whitman the masonry and masonry/wood combinations, plus reassurances about keeping Danielle Dr. as a Cul-de-sac and keeping reduced lighting in the neighborhood. If the PUD with the following stipulations are not agreeable to Mr. Whitman and Ryland then I respectfully request that you vote in opposition to the rezoning from AG to CC-1 and allow the property that is presently zoned AG to remain and provide a buffer for the neighborhood, thus allowing us some quality of life in our neighborhood. Sincerely, Joe and Barbara Rooney, 2221 Danielle Dr. Colleyville TX 76034, 817-722-8450 June 28, 2008 To the Colleyville City Council - RE: 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 Here is an assessment of where we are with the negotiations with Mr. Kip Whitman and his request to the city to rezone the property at the end of Danielle Drive from AG to CC1. Currently, this request has been tabled by Council as of the June 17th Council meeting in order for the petitioner and Council to consider a PUD zoning that would allow Council to apply/stipulate items associated with the rezoning. Let me premise the status by stating that the Longwood and Danielle Drive neighborhood fully support the Council's recommendation to rezone as PUD. A designation of CC1 would render the invested hours by Council and the residents in vain. As for as the consensus between the neighborhood and Mr. Whitman, a large percentage of the Danielle Dr/Cole Crt/Coleman Crt neighborhood (more than 20 homeowners) met with Mr. Whitman on Thursday, June 26th at 7 PM in the Danielle cul-de-sac. While there have been numerous neighborhood concerns regarding the development, the Longwood and Danielle Drive neighborhood have essentially narrowed their concern to a single issue for Mr. Whitman to consider with the home owners. Our reasonable request is the installation of a solid masonry wall 10-feet in height or a 12 foot combination masonry/wood wall that would partition the "The Gardens" development from the front yard view of the Danielle Drive neighborhood (see below). Mr. Whitman made it very clear to residents at the neighborhood meeting that he is seeking a CC1 zoning as his first priority - not a PUD as suggested by the Council at the last council meeting on June 17th. Mr. Whitman indicated at the neighborhood meeting that once a CC1 approval is granted he will negotiate with our neighborhood on the buffering and wall options. However, as I understand the CC1 designation, Mr. Whitman can rescind on everything that has been verbal such as saving of key trees and any notion of a fence/wall. At this meeting, Mr. Whitman was not prepared to discuss any wall/fence options other than an 8-foot wooden fence but indicated he would investigate and get back to me within 180 hours (next Friday July 4th). The Longwood and specifically the Danielle Drive neighborhood certainly support and agree with Council's recommendation to rezone as a PUD that will establish recourse and accountability. Mr. Whitman did make reference to a possible board-on-board fence and referenced a sister development in NRH/Fort Worth where a 10-foot wood fence has been installed. Never mind that this sister development is still very much in an early construction stage since breaking ground more than two years ago' - a fence similar to this sister development is simply not acceptable to our neighborhood for numerous reasons that have been noted below. a. The fence at the sister development is poorly constructed and very sloppy. If this is any example of what would be constructed then we would be taking a step back in the quality standards here in Colleyville -see pics. b. The fence framework (poles and rails) are on the neighborhood and backyard side of adjacent homes. c. A wooden fence could be considered appropriate in this NRH/Forth Worth neighborhood where the homes of this sister development are worth considerably less (avg $182K per TAD.org) than the homes in Longwood (Danielle Dr, Coleman Crt, Cole Crt -avg $385K with many homes approaching $500K per TAD.org). d. The fence in the sister development partitions the backyards of the adjacent homes. The Colleyville development known as "The Gardens" will be primarily visible from the front yards of Danielle Drive residents. At this point, Mr. Whitman believes the agenda for next Council meeting on Tues July 1St regarding 0-08-1683 is to argue against a PUD designation as suggested by the Council. As an action item from the neighborhood meeting, the Danielle residents are expecting from Mr. Whitman the masonry and masonry/wood combinations that are possible on or before July 4m. Sincerely Tony and Cathy Hampton 2200 Danielle Drive 817.875.8401 * - http://dallas.bizjournals.com/dallas/stories!2006/04/24/story4.html?jst=s cn hl North Tarrant and Park Vista - SoHi Development North Tarrant and Park Vista - SoHi Development -Wooden Fence Buffer ... .~;~; Ac .J5 Retail developer takes art to heart Bland Properties adds visual delights to FW project O<j11as Business Journal by Holli L. Estridge Staff Writer 'oy~epa ':,e? .,~ ~ ;' Cdr! k {~ ~' ~ * - l ~~ ~ n 1 BLUFF VIEW: Kipp Whitman View Larger Five stories above North Tarrant Parkway, developers aze building an artistic, interactive take on the usual neighborhood retail center. With its custom-painted, warped-steel lattices, decorative vehicle-sized boulders and expansive zen garden, the Village at Park Vista will be unlike any retail center in the Alliance corridor. The $6.5 million neighborhood center is located at one of the highest points in North Fort Worth at Park Vista Boulevard and North Tarrant Parkway. It will be the first of up to five projects Colleyville-based 1tIand Properties is planning throughout Tarrant County this year. Kipp Whitman, president of RI.and Properties, said the developer's neighborhood shopping centers are unique in that they contain a level of architectural detail not often seen in smaller retail centers. Along-time developer, California-native Whitman has brought tenants to failing shopping centers on the western side of the Metroplex for years. Within recent years, he's been able to rally private partners behind his concepts for new retail developments -- like the western- themedcenterwith areconstructed historic cabin and hitches at every parking spot he has planned near North Fort Worth's Sendera Ranch, and the white box with multicolored steel spaghetti tubes erupting from a center planned for Grand Prairie. Rl:and's Village at Park Vista broke ground in March and is set for delivery in the third quarter. The company acquired the property, which offers unobstructed views south to downtown Fort Worth's skyline and west past Saginaw's grain elevators, from AllianceTexas developer Hillwood Properties for an undisclosed price. Stand-picked retailers Henry S. Miller's international group is close to signing leases with several tenants, which Whitman said will include acar-side dry cleaning service, an almost round-the-clock doughnut shop with self-service jelly and glaze stations and a shoe outlet operated by his wife, Beth Whitman. Beth Whitman opened her first store, B. Whitman, in Southlake Town Square and has plans for another in Hillwood's Victory development in Dallas in addition to the one at the Village. A two-story restaurant offering views off the bluff overlooking North Fort Worth, at the center of the development, will anchor the ~-acre project. Developers will build parking at the rear, adjacent to single-family homes. The Village at Park Vista is surrounded by Hillwood's Heritage and Park Glen subdivisions. Ellesmere Corp. and Margaux Development are building the first zo,ooo square feet of their planned i.3 million-square-foot retail project on the west side of Interstate 35W near the Village, north of the U.S. z8~ split. Margaux Managing Partner Don Silverman said RLand's site has significant challenges. "From the corner of the new intersection at North Tarrant Parkway and Park Vista Boulevard, there's a So-foot grade change over a very short, very small piece of property," he said. Whitman said RLand has four to five communities planned this year on sites in North Fort Worth and Colleyville. "We are deliberately placing our centers in the heart of major residential development, sometimes two or three years before the area becomes saturated with residents," Whitman said. "It gives us the time to hand-select who our tenants are going to be and gives them time to fully plan out their space." hestridge@bizjournals.com ~ 81~-693-ooz,5 All contents of this site ©American City Business Journals Inc. All rights reserved. 06/29/2008 Dear Council Member, You are receiving this as information sharing from a resident impacted by a re-zone request: "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". I would like to share with you some activities since the last council session. As you may recall from the 6/17 meeting, Kip Whitman and Rland is requesting that a parcel of land currently zoned Ag -and adjacent to both Danielle Drive and his current CC1 land to the East of John McCain and 26 - be rezoned to CC1. I and many nearby residents oppose this zoning request. I prefer if this parcel in question is rezoned to have aPUD-C with specific restrictions to ensure that Mr. Whitman or any future owner is held accountable for preserving the current residential friendly environment that we now enjoy or the property remain zoned as AG. My understanding from the 6/17 meeting is that the council tends to agree with the opinion of the residents to rezone to PUD-C with restrictions. Specifically, the council asked Mr. Whitman to reach out to the residents and gain consensus on specific items of concern. I'm not convinced that Mr. Whitman understood or cares to understand the direction provided to him by council at that session or on two other occasions. A session with Mr. Whitman and over 20 residents was held on Thursday, 6/26, at 7pm. I was disappointed, but not surprised, to hear the prepared content of Mr. Whitman's presentation on that evening. As with many prior presentations at council sessions, Mr. Whitman spoke in the abstract, referenced his apparent good deeds of the past, remained elusive when asked several direct questions, and took steps to hide his disdain for us common folk. He was very disrespectful towards the residents that turned out for the meeting, launching personal attacks on several of them, including myself. It is no secret that Mr. Whitman and myself do not see eye to eye. He has threatened me on a couple of occasions saying what he was going to do to make our lives miserable. On several other occasions he has made comments to me regarding my hair, my clothing, etc. He claims that he is a member of the Colleyville community. In all my years of living in numerous locations around the United States including California, I have never encountered a person that is so disrespectful and so full of himself than Mr. Whitman. His actions towards me and others in our community have furthered cemented my resolve this CC-1 zoning must be defeated. He has not shown one thread of concern or understanding as to what his actions do to other people, so without aPUD-C with restrictions or the property remaining AG zoning, the quality of life and the neighborhood that is now what we know, will be gone. In fact, I am sure that not only my house but several other houses will become rental properties with low rents. In Colleyville, that is something that the City Council and the Development Department has always tried to pride themselves on, that Rental Properties within the city are quality properties that attract quality families that we are proud to have as members of our community. I am a professional person and have professional disagreements with individuals periodically. The attacks that Mr. Whitman launches on anyone who opposes him is beyond belief. Unlike some of the other developers that have been encountered in the Colleyville area, his answer to a meeting with residents was a meeting outside in the heat of the summer, without any concern for residents and their comfort. He did not even offer to supply so much as a bottle of water to any of the attendees. If he was really interested in our input and our neighborhood he would have setup a meeting in a place with A/C, or at least supplied some bottles of water to the residents in attendance. Because of his lack of professionalism and that shown by Rland, I am convinced that his boasting of a quality project is just that. This development when it eventually is built, will not be the quality of project that he claims and more than likely will be an eyesore to the community. The quality of the Rland property at Park Vista and N. Tarrant Pkwy. that he asked us to go by and look at is lacking in quality and shows a total lack of regard for the residents of the neighborhood that he backs up to. There is a definite difference in the quality of his development and the developer's that is right next door to him on the Park Vista location. The developer next door showed real concern for the residents of the adjoining community by separating parking from their backyards, building a berm, and actually putting in an 8' foot fence significantly higher than grade instead of a 8' fence at grade. I might add that the property next door is a single story office complex, unlike Rland's which is set on a grade way above the residential neighborhood and even the development next to them. Mr. Whitman was presented with a list of a few items the residents felt were necessary and a few more that we felt were nice-to-haves. Much of the discussion focused on the proposed fence separating Danielle Drive from the Ag land. Currently there is an 8 foot wooden fence in place that is at least 12 years old. The residents have asked fora 12 foot masonry composition fence. After much discussion, I believe I heard that Mr. Whitman intends to get an estimate on a 10 foot part wood -part masonry fence and "see how much it costs". I never did hear him indicate any commitment to build it regardless of cost. There was no fruitful discussion regarding the balance of the items proposed by the residents. From what I can tell, it doesn't appear that Mr. Whitman is committed to actually considering any of the items other than the fence. When asked about the PUD-C zone vs. CC1 zoning request, Mr. Whitman commented that "there will be no PUD zoning" and that it will be CC1 or he won't buy the Ag land. If he is sincere with these comments, it would provide welcome relief for many residents because this would leave the Ag land as a large buffer to Danielle Drive and ensure that parking, dumpster, drainage, etc. remain positioned well away from Danielle Drive and Danielle Drive will remain a Cul-d-sac. All-in-all, I was disappointed in the session with Mr. Whitman. Further, based on his behavior, I am convinced now more than ever that the only way to hold Mr. Whitman accountable to following through on proposed plans is to pursue the PUD-C zoning with appropriate residential friendly restrictions. However, the process of gaining consensus with the residents will take an as-yet-to-be-seen effort to empathize on Mr. Whitman's part. Thank you for the direction you provided on this matter in the most recent council meeting. You definitely heard the concerns of the residents and appear to appreciate the merits of those concerns. I am asking that at the meeting on Tuesday night for you to please consider changing the current AG zoning to only PUD-C with restrictions regarding the fencing at least of 10' masonry, preferably 12' wood and masonry fencing with the masonry comprising at least 60% of the fence, that Danielle Dr. remain a Cul-de-sac and that lighting levels not impact the neighborhood anymore than lighting levels at the present time. If you can not support these proposals, please vote against any changes in the present zoning. Thank you for your time and consideration. We appreciate the effort that was made at the last meeting to try to give some input for the residents that must live on a daily basis with the future development. Regards, Pat and Dave Aistrup 2201 Danielle Dr Colleyville, TX 76034 817.421-3508 06!29/2008 Dear Council Member, You are receiving this as information sharing from a resident impacted by a re-zone request: "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". I would like to share with you some activities since the last council session. As you may recall from the 6/17 meeting, Kip Whitman is requesting that a parcel of land currently zoned Ag -and adjacent to both Danielle Drive and his current CC1 land to the East of John McCain and 26 - be rezoned to CC1. I and many nearby residents oppose this zoning request. I prefer if this parcel in question is rezoned to have aPUD-C with specific restrictions to ensure that Mr. Whitman or any future owner is held accountable for preserving the current residential friendly environment that we now enjoy. My understanding from the 6/17 meeting is that the council tends to agree with the opinion of the residents to rezone to PUD-C with restrictions. Specifically, the council asked Mr. Whitman to reach out to the residents and gain consensus on specific items of concern. I'm not convinced that Mr. Whitman understood or cares to understand the direction provided to him by council at that session. A session among Mr. Whitman and over a dozen residents was held on Thursday, 6126, at 7pm. I was disappointed, but not surprised, to hear the prepared content of Mr. Whitman's presentation on that evening. As with many prior presentations at council sessions, Mr. Whitman spoke in the abstract, referenced his apparent good deeds of the past, remained elusive when asked several direct questions, and took nary a step to hide his disdain for us common folk. Mr. Whitman was presented with a list of a few items the residents felt were necessary and a few more that we felt were nice-to-haves. Much of the discussion focused on the proposed fence separating Danielle Drive from the Ag land. Currently there is an 8 foot wooden fence in place that is at least 12 years old. Mr. Whitman has stated that he would like to leverage the existing fence. The residents have asked fora 12 foot masonry composition fence. After much discussion, I believe I heard that Mr. Whitman intends to get an estimate on a 10 foot part wood -part masonry fence and "see how much it costs". I never did hear him indicate any commitment to build it regardless of cost. There was no fruitful discussion regarding the balance of the items proposed by the residents. From what I can tell, it doesn't appear that Mr. Whitman is committed to actually considering any of the items other than the fence. It will be interesting to see what Mr. Whitman prepares for the council meeting on 7/1. Certainly, his message cannot be one of harmony with the residents. When asked about the PUD-C zone vs. CC1 zoning request, Mr. Whitman commented that "there will be no PUD zoning" and that it will be CC1 or he won't buy the Ag land. If he is sincere with these comments, it would provide welcome relief for many residents because this would leave the Ag land as a 100 foot buffer to Danielle Drive and ensure that parking, dumpster, drainage, etc. remain positioned well away from Danielle Drive. All-in-all, I was disappointed in the session with Mr. Whitman. Further, based on his behavior, I am convinced now more than ever that the only way to hold Mr. Whitman accountable to following through on proposed plans is to pursue the PUD-C zoning with appropriate residential friendly restrictions. However, the process of gaining consensus with the residents will take an as-yet-to-be-seen effort to empathize on Mr. Whitman's part. Thank you for the direction you provided on this matter in the most recent council meeting. You definitely heard the concerns of the residents and appear to appreciate the merits of those concerns. Please continue in this direction as it appears to be the most likely route to a win-win situation for the city and residents. Thank you Regards, Steve Bates 2205 Danielle Dr Colleyville, TX 76034 817.442.8683 ,~1~~ ~., =~~ ~ City Hall Cit of Colle ville _-,,~~~~'a;..q, y Y 100 Main Street Colleyville, Texas 76034 ~~°~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1683 File Number: 0-08-1683 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 07/01/2008 Agenda No.: 8a Status: Tabled 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. Survey located at 7011 Colleyville Boulevard, Case Z-08-015 Attachments: Location and Zoning Map Notification List Letters of Opposition Petition in Opposition • Statement of Planning Objectives Zoning Exhibits Ordinance 0-08-1683 History of Legislative File Version: Date: Acting Body: Action Text: 1 05/12/2008 Planning and Zoning Commission 1 06/03/2008 City Council 06/17/2008 City Council 07/01/2008 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 Tabled Item and Public Hearing There were six speakers who spoke in opposition to the request at the June 17, 2008 meeting. The City Council voted to continue this item for consideration at the July 1, 2008 meeting. The City Council advised the applicant to communicate with the concerned property owners to the east of the subject property and to consider the possibility of changing the rezoning request from CC1 -Village Retail to PUDC -Planned Unit Development Commercial, which would enable the rezoning request to be considered with specific conditions added to the zoning ordinance as part of the new PUDC zoning for the property. The applicant has indicated to staff that he intends to maintain the current rezoning request of CC1 -Village Retail for the subject property and does not wish to change the request to PUDC -Planned Unit Development Commercial. City of Colleyville Page 1 Printed on 6/25/2008 Agenda Briet<ng Continued (0-08-?683) Second Reading and Public Hearing There were no speakers regarding this request at the June 3, 2008 meeting. 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 Colteyville 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. 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 Colleyville Master Plan designates the future use of this area for retail City of Colleyville Page 2 Printed on 6/25/2008 Agenda Briefing Continued (O-OS-1683) 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 car wash; 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 five letters of opposition and a petition with 28 signatures. 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 rezoning request at the May 12, 2008 meeting by a vote of 5-0. 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 6/25/2008 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 8011 i 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 Marie 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 BNd 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 70'11 Colleyville Boulevard, Case L-t)8--015 WRIT? tN t;(VMMENTS MUST BE RECEIVED BY THIS OFFICE NO LATER TI IAN 5 P.M. ON WEDNESDAY. May 7, X008. As ~) and/or (have the following c~ . / - /1 . -1 (an Interested citizen), I • --- "i i ~ i /y A 0 l1 -~f~ 1/Y ~ / .ill ~ Y1t n ~ r~fi /1'~~Q,/~.1~. .P/'~.r~/ifnt Nam/~e~ and Addr/ess, or Lot, Block and /S~//ub/di7v~is~ion/:~ ~ ///+~ ~//~f ~ ~ ~/ ~ra~i ~~a~-, o pD~~Lt ~~~,~1~-st,rr~~r~r1 7k- 76 L-.3S/ e: .~ ~ y (Phone No.)~/T~ SFa/..:~~.~ Si~natur M Direct questions and mail responses to: Community Development Department City of Co1lPyvillA 100 Main Street Colleyville, TX 76034 O: 817.503.1050 a 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) ~~~ P~~~~f ~!~ fzr-~u~,st ~--, ~~ ~l/o~/i~~- C~i'yd~tio~~ . _ (~ ~Fv~e 10~~2 ~A~ Flo ~C~Sn~m~ z~,~r~,vtf ~ /?'~~ ~~~e ~R ~p ~c~ bu~~ f tr(,cc,f-cy~ ~~~ ~i,;,or,vem~ , ~JJ Cc~nCe!'~E~ 1`h~.~- Ccfy ~~-~-t~~ C-~-~er~A Cu/ de J~4c fy r,j lJ OC'~ yC~y/Jn7?~-~L~° G17t0 ~S'/.sNiF Con t-l~ /Z,~ c~ct cC ~4r'O/.~.p~`-. !/Q/ue.1 ~ /O~s [/yt~v/~an~~e!/c 7VE~~s~'1 ~~h~~. ~~ Q d ~r ~ ~-io~~ Gnu G~vs P~~e cyo u.1 ~ kc~/~ ~ S u.~~,f Cct/ D<< S l4 c ~~j u t~e.'~f .' Ali- r.~ ~C~ 0 tc r /~roJJe ~~~ y41 ~c.~ o'n s~-~NdAr~! ar Il1/I~1S f?IShP2 ~N i~ ~lP~`C~o~~• Prin Name and Address, or Lot, Block and Subdivision: ~;~ A ~/ ~f~o>vy ~- C' ~R~nrE /~ IYtP~ a a ~ a '/}aN,e, l~~ , Co~1~ ~~ «F , ~x Signature: t%~-~+ ~~~ (Phone No.)4 ~7• ~~.5. ~~~1 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: A a Pro a er within 200 feet of the sub'ect tra or (an interested citizenj, (approve rotes n or ave the following comments) 'J Phone No. Ot 7` ~~Z " 1100 J~ Signature: ~ ) 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 Print Name and Address, or Lot, Block and Subdivision: Dear planning and zoning committee, As a resident of Colleyviile on Danielle Drive, i will soon be subject to a car wash, the only 2 story retail center outside of The ~Ilage, 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 p'~ece 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 commeraal 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, 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. b G~~ lcJ.cr.~-Q ~~ ~,(IYtL~~~z.~~ /'YI.C~-~~ -~f/l-~ G~~`.J Print Name and Address, or Lot, Block and Subdivision: ~~~~ P~.c1 i~~ :~~n~ . ~ 7lQ D 34L V Phone No. lT~ ~/ "_~~0~ Signature: ~~~~.~G~~ ( )~ 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), 1 (approve pr tes) and/or (have the following comrnen ) Request far a zonBx,} change from AG-Agria~uc~ ~o CC1 Vgtaee Re~i! on o.6 acxes o~rt of ~e A J. survey rocatea at 7071 CoNeyvitie BtMd., Case z-n8- 078 owner' ' ~ ~tlo of the subject tx (an intere~d cnj, t or have the corr. Name and Address, or l.ot~ Bbc~c and sisbn: .~~Qj ~9. ~L-~r~RI ~o~ s-t; 11 ~~~nfi ~ . ~, ~{~; ,. -' Phone No. $~~ ~BJ~~~ i0/i0 3~*1d OY+Ci~I ZL9888tiLi8 @8 ~6i 880Z/E@/98 Request for a zoning change from AGAgricultural to CC1-Vllage Retail on 0.6 acres out of the Absalom J. Survey located at 7011 ColleyviNe Blvd., Case z-08- 015 As a property owner within 200 feet of the subject tract or (an interested citizen), l protest and/or have the following comments. . Name and Address, or Lot, Block and Subdivision: ~e'~ ~~-sy S~'1~~F~'S~-3g'f~ (c 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 Blvd., Case z-08- 015 Name and Address, or Lot, Block and Subdivision: ~~ - ~+~~~ Signature: Phone No. ~l ~ ~ ~ / ~~36 As a property owner within 200 feet of the subject tract or (an interested citizen), I protest and/or have the following comments. 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Ya era ~~ c y . ~ ~ ~~ ~ ~ ~ . o ~~ oaa ~g+~ ~~ d z ,~ c y N .: e ~ 3 8 : ~ ~ ~ o ~ R 'K ' 7 ~~o i~ a~ 8 oq x~ ~ ~~ ~ .. x a d e~ .S9'l6i 3 .90,SS.00 N ~~~ U - ~- W W ~ --sa-ya~.a-s------ -- ---- --- ---- $ ----~ _- I ~~ I ~i ' ~ 4 O I' ~- i~. ~ N - ~~i i w~ ' 61_ g' ~-- `~ ~ ~ i _, ;~ ,~~ ~ x ~~ R r ~ ~ ~s ~ ! ~ \ ~ P n ' ~' ~~ , ' 4:; e8ti~~ ~ - i \. ~ z `v 70 a ~ 8 c °" 3" ~ ~ d Y ~ ~ ~ " ~ b c ~ y~ ~ a~ ~a ~ ~ ~ ~ -~ yy~ a 7~ ~~ a r oo~o©oooo®o®©®®®©®®®®®®®®®® !~'d~~®O ~~ ~ Y y~ ~ a ~ E 3 3 ~ b ~~ ~~~ r :a Y ~'__ L m a r'~d'TTX8 - 3-LIbMb3A0 - HO1- HOJIb 'Wd £I~iZ~T 8002/OT/b'6MP'Uetd a~!S-LSZ90\Slaa45 }~Idls6uiAee~\6uuaaui6u3\LSZ900Z1900Z\~f1WXlW\~!l~Pad1~9 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 "6". 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 bf 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 trail of land situated in the Absalom J. Lott Survey, Abstract No. 963, City of Coileyvige, Tarrant Comity, Texas. being ail of that certain trail of land as described by deed to Cynthia D. Hudson, recorded in Vokxne 11338, Page 812, Deed Records, Tarrant County, Texas and being all of that certain trail of fanct as described by deed to Rocky Alan Hudson, recorded in Volume 10491, Page 714, Deed Recm-ds, Tarrant County, Texas, said trail being more partiwlarly described by metes and tx~unds as follows: BEGINNING at a 12" iron rod with orange cap stamped "Moak Surv Inc.• found for the northwest comer of said Hudson's tract, the northeast comer of that certain tract of land as described by deed to Gardens Commercial Partners, Ltd., recorded in County Clerk's Document No. D207153199, Deed Records, Tarrant County, Texas, in the south tine of Lot 1 R2, Block 1, Tropicana Fuels Addition, an addition to the City of CoUeyviUe, according tv the plat recorded in Cabinet A, Slide 5398, Plat Records. Tarrant County, Texas; THENGE South 89°33'06" East (S 89°29' E Deed), with the north Gne of said Hudson's tract, with the south line of said Lot 1R2, Bkxdc 1, Tropicana Fuels Addition, a passing distance of 80.89 feet to a 112" iron rod found torthe southeast comer of said Lot 1 R2, Block 1, Tropicana Fuels Addition, being the mast westerly southwest comer of Lot 6, Block 9, Longwood Estates at Ross Downs Phase V, an addition ~ the City of CoAeyville. according to the plat r~orded in Cabinet A, Slide 2704, Plat Records, Tarrant County, Texas, continuing with north 6ne of said Hudson's trail, with the a south line of said Lot 6, Block 9, Longwood Estates Addition for a total distance of 105.04 feet {105.Q0' Deed) to a 12• iron rod found for a re-entrant comer of said Lot B, Block 9 and being in a west tine of said Longwood Estates Addition; THENCE South 00°55'08" West (S 01°4T40" W Deed), with the east line of said Hudson`s trail, with a west line of said Longwood Estates Addition, a pass~g distance of 269.87 feet to the southwest comer of Lot 13, Bbdc 8 of said Longwood Estates Additia~, continuing with the east line of said Hudson's trail for a toil distance of 291.65 feet (291.5' Deed) to an 1"pipe found for the southeast comer of said Hudson's trail, the northeast oomerof ltmt certain tract of land as described by deed to Cheryl Ann West, Diana West Myers artd Douglas F. Myers, recorded in County Clerk's Document No. D206035360, Deed Records, Tarrant County, Texas; THENCE North 89'2T39" West (N 88°31' W Deed) ,with the south 1'me of said Hudson's trail, with the north lire of said Myers trail, a dstanoe of 102.68 feet (105.00' Deed) to a 5/8" iron rod found forthe southeast comer of aforementioned Gardens Commercial Partners trail and being the southwest comer of said Hudson's trail; THENGE North 00'2T17" East (N Oi °4T40" E Deed), with the west one of said Hudsan's trail and with the east line of said Gardens Commercial Partners tract, a distance of 291.48 feet (289.8' Deed) to the POINT OF BEGINNING and containing a calcxrlated area of 30,280 square feet or 0.695 acres of land. z y O d O c a O Q ~ ~ n ~, a ~~ ~ o cD fA ~ ~ ~ ~ ~, a y 'O ' ~ ~~ a c~ cD ~~ ~ 3 3 ~Q OQi Chi N ~ ~~ a ~_ ~ o, a' ti a ~ ~ c=p x ~~ ~~ ~ °~ `Q o ?~ ~ C y ~ ~ C 3 r ~ G O ~ .~- ~_ y O ~ < '~.- ~~ a 3 `~ ~Q ... O 3 Q cD ~ n ~ r« c~ 0 z c a 1 fA - d .a m .Q n O ~D N 0 m _,, `J- D c. a c~ Z D ~ ~ ~ `° c~ ~ ~. m 3 ~ z c m a- o ~ ~ ~ S 0 v ~ ~: -~ ~ N ~ ~ A (D ~ o Q 0 c ~ o ~` 3 Z c [J a ~ c~ ~ ~ ~ O n O ~a 0 _~ O (D fl1 _~ .a :_~ O O N m N (D _~ c 'a '~ O O S N 3 v d c''v N m m n v s~;~. City of Colleyville 100 Main Street Colleyville, Texas 76034 T..:'~ Agenda Briefing 817.503.1000 www.colleyville_com File Number: Version: 1 Requester: Office of the City Secretary File Name: Reports -July 1, 2008 File Type: Report Agenda Date: 07/01/2008 Agenda No.: 10 Status: Reports Controlling Body: City Council Final Action: Attachments: Historical Preservation Committee Minutes -January 10, 2008 Historical Preservation Committee Minutes -April 10, 2008 Celebrate Colleyville Committee Minutes -April 23, 2008 • Commuter Rail Committee Minutes -May 9, 2008 Commuter Rail Committee Minutes - May 19, 2008 History of Legislative File Version: Date: Acting Body: Action Text: 1 07/01/2008 City Council Title Historical Preservation Committee Minutes -January 10, 2008 Historical Preservation Committee Minutes -April 10, 2008 Celebrate Colleyville Committee Minutes -April 23, 2008 Commuter Rail Committee Minutes -May 9, 2008 Commuter Rail Committee Minutes -May 19, 2008 City of Colleyville Page 1 Printed on 6/25/2008 cc~" = n~ HISTORICAL PRESERVATION COMMITTEE Minutes from January 10, 2008 Call to order and roll call Joe Deupree called the meeting to order at 6:30 p.m. Present: Joe Deupree, Ed Havran, Mona Coulter, Jim Gotcher, Gerald Hartman, Richard Warner, Charles Hewitt Absent: Louis Miller, Nelda Thompson Staff.' Mona Gandy Approval of minutes from November 8, 2007 meeting Ed Havran made a motion to approve; Mona Coulter seconded the motion. Motion approved. 111_ Discussion of Webb House exhibit Current funds allocated to HPC may be used for displays at the Webb House. Gerald Hartman provided some guidelines for determining what elements would be appropriate to the house. Joe Deupree addressed the committee's need to commit to a plan for the house and to man whatever goes in there. Discussion followed about some aspects of the displays, including whether to allocate a room or a wall to the Webb family; using historic families as a "slice of life" for the narrative to tell the larger story; and, creating interactive components to appeal to kids. Joe assigned Gerald Hartman to work to proceed with the project. Richard Warner made a motion to allow the use of current funds for the Webb House project; Jim Gotcher seconded the motion. Motion approved. IV. Local marker update a. Frontier Justice The marker has been received. b. McPherson Dairy The marker has been received and the dedication will coincide with the opening of McPherson Park, Phase I. Ed Havran will coordinate with the Parks Department. c. Cheek-Sparger ' t The marker has been received. Jim Gotcher will check on locations at Covenant Christian Academy and Tara Plantation. Historical Preservation Committee January 10, 2008 /Page 2 d. Future markers 1. Felps Berry Farm 2. Log Barn-Charlie Hewitt to work on the marker. e. Additional suggestions: 1. Ross Downs -Richard Warner agreed to begin to work on this marker. 2. Bear statuary in commemoration of the city's location in Bear Valley V. Heroes Park Update a. HPC Involvement b. Hero Selection Process/Criteria Jim Gotcher suggested soliciting nominations for the committee panel from every homeowner association, civic club, and community group. Joe Deupree will work up a submission form for the committee to review. VI. Citizen Comments None. VII. Adjournment Ed Havran moved adjourn the meeting; Jim Gotcher seconded the motion. The motion was approved and the meeting adjourned at 7:55 p.m. ~® Ilc~ PUBLIC NOTICE HISTORICAL PRESERVATION COMMITTEE MEETING City Manager's Conference Room April 10, 2008 6:30 p.m. 1. Call to order and roll call II. Approval of Minutes from January 10, 2008 meeting III. Discussion of Webb House exhibit IV. Local marker update a. Frontier Justice b. McPherson Dairy -update from McPherson Park opening and final marker location c. Cheek-Sparger -possible sites for the marker d. Future markers 1. Felps Berry Farm 2. Log Barn 3. Ross Downs 4. Bear statuary in commemoration of the city's location in Bear Valley V. Heroes Park update a. HPC Involvement b. Hero Selection Process/Criteria VI. HPC Budget Update VII. America in Bloom Project Update VIII. Citizen Comments IX. Adjournment I certify that this notice was posted on the bulletin boards at City Hall on Friday, April 4, 2008 at 5:00 p.m. Mona Gandy Communications Manager Celebrate Colleyville Steering Committee Minutes of April 23, 2008 I. Calf to order and roll call: 4:12 The meeting was called to order at 4:12 p.m. Present: Pete Challinor, Michael Muhm, Robin Waggoner, Tom Westerman Absent: Nancy Carroll, Sue Anne Martinez, Jennifer Patterson, Sherry Pipkin, Chuck Baudrau Council liaison: Carol Wollin Staff.- Mona Gandy, Renee Garrett, Sissy Wesolowski II. Approval of minutes: January 23, 2007 Michael Muhm made a motion to approve the minutes; Pete Challinor seconded the motion. Motion approved. III Committee membership update a_ Introduction of new members Many of the new members were unable to attend. In addition, the City Council will appoint more members at the next council meeting. This item will be continued on next month's agenda. IV. Election of chairman and vice-chair Staff suggested Michael Muhm consider serving as chairman of the Celebrate Colleyville Steering Committee. Pete Challinor made a motion that Michael Muhm be elected chairman; Robin Waggoner seconded the motion. Motion approved. Michael Muhm made a motion that Robin Waggoner be elected as vice-chairman of the committee; Pete Challinor seconded the motion. Motion approved. V. Discussion of date and times for 2008 Celebrate Colleyville Staff made a suggestion that the committee consider moving the event from Saturday to Friday evening, December 5. Some of the reasons provided were as follows: 1) Logistically it is difficult to have the event set without full access to the parking lot the morning of the event. Currently the Lions Club uses Colleyville Center for their annual Breakfast with Santa event. While the two organizations work well together, the space limitations continue to present challenges for both events. 2) In talking to vendors, other cities and groups that previously were not scheduled for this date are moving their events to the December 6 date in 2008. 3) More events on that date increases competition for potential booth vendors and sponsors. 4} In previous years, when Celebrate Colleyville was held on Friday evenings, the event was well attended. 5) With Celebrate Colleyville on Friday night, the Lions have an opportunity to promote the Breakfast with Santa event-providing an opportunity for one event to leverage off the other. Michael Muhm made a motion that the event be moved to Friday, Dec. 5; Pete Challinor seconded the motion. Motion approved. The committee will address specific hours for the event at the next meeting. Celebrate Colleyville Steering Committee Minutes of April 23, 2008 Page 2 VI. Event Review 1 } Discussion of changes in attractions, decorations, staging, etc. from 2007 a. New suggestions for kids' craft area: 1. Sugar-cube snowman competition 2. Gingerbread house competition Sissy Wesolowski will continue to explore options to present to the committee at a later date. 2) The snow vendor is moving away from snow play areas due to liability issues (older kids in the same area as younger ones). For approximately the same amount of money the committee can get cone-lane snow hill, which has a larger promotional impact. The committee authorized staff to contract at the appropriate time for cone-lane snow hill. 3) Staff presented the committee with information on a mini racecar track. This event allows for greater sponsorship opportunities-each car and the track can be offered for sponsorship. Due to the popularity of racing in the area and the general appeal to both children and adults, the committee authorized staff to begin negotiations for a mini racecar track. VII. Committee Assignments Committee assignments will be made at the next committee meeting. a. Entertainment Michael Muhm suggested getting an early notification out to school and community groups that have provided entertainment at past Celebrate Colleyville events to a) get on their calendar for next year, and, b) notify them of the date change. Staff will send a letter by mid-May so that the choir teachers will have the information before the end of the school year. b. Sponsorships Pending committee assignment c. Volunteers Pending committee assignment d. Booth vendors Pending committee assignment VIII. Future meeting dates The next meeting is scheduled Wednesday, May 28, at 4:00 p.m. At that time the committee will determine the necessity of scheduling a June meeting. IX. Citizen Comments None. X. Adjournment Pete Challinor made a motion to adjourn the meeting; Michael Muhm seconded the motion. The meeting was adjourned at 4:44 p.m. ~;i~Y <~f ~ ~~ ~`-~ Tc~x~+ti COMMUTER RAIL COMMITTEE Minutes from Friday, May 9, 2008 1. Call to Order John Gooding, Chair, called the meeting to order at 4:11 p.m. Present: John Gooding, Fred Mills, John Paul Burnett, James Day, Joyce Hammill, Michael Muhm, Roger Nelson, Kristen O'Regan, Paul Vigiletti, Absent at role call: Bartley Butler, David Grimes, John Leeper, Rich Hendler, Linda Baker, Clif Davis and Urmesh Shah Staff: Kelly Cooper 2. Approval of the minutes for May 5, 2008 This item was moved to the end of the agenda so the committee could focus on establishing subcommittees. John Paul Burnett made a motion to approve; Michael Muhm seconded the motion. Motion approved. 3. Discussion of Committee Workplan and Assignments Chair John Gooding opened discussion of the committee workplan by striking or removing the following from the Community Rail Work Plan by Categories document: I. Need for aStation -Should we have a station, Do we need a station? Will citizen's use? Will Colleyville Citizens use stop? How does station fit into the strategic objectives of city? Removed the word Expansion from SH26 Expansion affect traffic flow -will rail help or not? II. Impacts of a Station - F. Impact to homeowners, Alternate forms of transportation, other cities on board is for staff dialogue building city partnerships III. Funding/Affordability/Revenue -Funding Cap on what we are willing to spend, funding -sales tax cap, cost -other portions of budget that would have spent on other things, multi-city station -sharing costs of station with other city is for staff dialogue with NRH and Southlake. Commuter Rail Committee Minutes May 9, 2008 /Page 2 Discussion continued on establishing subcommittees. The subcommittees and members were determined as follows: 1. Financial Aspects - John Gooding, Michael Muhm, 2. Station Impacts -John Paul Burnett, Fred Mills, Paul Vigiletti 3. Traffic -Joyce Hammill 4. Safety and Security (established May 5, 2008) -Roger Nelson, John Leeper 5. Public Input - (established May 5, 2008) - Urmesh Shah, Kristen O'Regan, James Day and Bartley Butler It was determined that members not present would be contacted and given the opportunity to choose which subcommittee they would like to participate. Roger Nelson provided an update of his work with regard to Safety. Attached is a summary of this subcommittees work to include railroad safety and station operation safety. John Gooding, Chair discussed the timeline including the final deliverable statement, research phase, analysis response phase, delivery phase and the need for public input through-out the entire process. Staff verified the next meeting times and dates as follows: Public Information subcommittee meets Monday, May 12, 2008 at 6:30 p.m. in the City Manager's Office Conference room All other subcommittees will meet Thursday, May 15, 2008 6:30 p.m. second floor of the Library Next regular full meeting will be Monday, May 19, 2008 6:30 p.m. Colleyville Center Staff reviewed the agenda packet process to include emailing to all with available email, mailing to those who have requested mail and providing copies at the meeting for those members who did not want to print. Discussed continued use of the citizen cards and the committee was agreeable to using. 4. Adjournment There being no further business, Chair John Gooding adjourned the meeting at 5:12 p. m. Minutes taken and prepared by Kelly Cooper. ~;ity of ~ ~~ Teaay COMMUTER RAIL COMMITTEE Minutes for Monday, May 19, 2008 1. Call to Order John Gooding, Chair, called the meeting to order at 6:35 p.m. Present: John Gooding, Urmesh Shah, Linda Baker, John Paul Burnett, Bartley Butler, James Day, David Grimes, Joyce Hammiil, John Leeper, Michael Muhm, Roger Nelson, Kristen O'Regan, Paul Vigiletti, Absent at role call: Clif Davis (present at 6:40 p.m.), Fred Mills, Rich Hendler Staff: Kelly Cooper and Steve Chutchian 2. Presentation by Tarrant Regional Transportation Coalition Chair John Gooding moved to item 3 discussion and project overview with The T. Vic Suhm with Tarrant Regional Transportation Coalition (TRTC) provided an overview of regional mobility and transportation concerns, funding process and the future transportation infrastructure needs. 3. Discussion and project overview with Representatives of The T Curvie Hawkins, Director of Planning; Lonnie Blades, Project Manager and Paulette Vander Kamp, Project Manager; responded to questions presented by the committee regarding the cotton belt commuter rail line, station development, financing, safety and security, station impacts to the community and traffic concerns. Attached is a list of questions and their responses. 4. Adjournment There being no further business, Chair John Gooding adjourned the meeting at 9:22 p.m. Minutes taken and prepared by Kelly Cooper. Questions for The T May 19, 2008 responses prepared for attachment to the minutes Station Impact: 1. Specifically, what other Colleyville sites were considered for the rail station and what were the pros and cons of each site? Will The T still consider the other sites if the city feels like another location would be a better fit? Is there a possibility of sharing a station with another city? The Southwest-to-Northeast Rail Corridor (SW2NE) DEIS (Draft Environmental Impact Statement) study began last spring with station identification process. Colleyville entered the process mid winter towards the end of the station planning process. Due to this timing, the project team was only able to take a cursory analysis in Colleyville. Two sites were reviewed at Pleasant Run and John McCain. Due to residential impacts at the Pleasant run location, the John McCain site rated more favorably in the evaluation and chosen for the DEIS submittal. The project team did not identify any other favorable sites, but the team can take a look at other locations recommended by the committee between the DEIS and FEIS (Final Environmental Impact Statement) in the coming year. 2. What is the estimated ridership for the Colleyville Station? 450 per day by 2030. This ridership model required by FTA; the COG can tell us where they are going; they use this information to build roads in DFW. 3. How many riders are you projecting coming from other cities to Colleyville? The T will provide to us. 4. Will parking be allowed overnight? This is a policy issue, not determined yet. 5. How will you get people to the station- mass transit? shuttle? How will you get people from the station to "activity centers" to shop, dine, etc.? As part of the DEIS travel model development (for ridership forecasting), a feeder system was developed which is a bus-type network used to distribute riders to & from the station. Ultimately, the city will determine if any type of bus distribution service would be developed. Grapevine, for example, plans to use shuttle. The City could negotiate with the T for this service. 6. Does the city assume any liability with having a station? For the City Attorney response; Station ownership is negotiable. 7. Is there a possibility of sharing a station with another city? This was not considered as part of the T planning process. 8. Regarding noise assessments, there is a good deal of construction in Colleyville around the cotton belt track. How is non-recurring noise treated when considering the increased track noise as part of the noise assessment? Construction noise not considered in the noise assessment. Check w/ Dave? 9. How will the proposed Colleyville Station be operated? (Manned? Automated?) On existing THE service all stations will have automated ticket machines; generally no staff except for large events such as Dallas Stars. Roving fare inspectors and police are used to check fares. Arrangement with area jurisdictions call for police to help monitor in addition to on-site video cameras. 10. What is included in the environmental impact study? Do you have any conclusive findings? When will these findings be available and how? Can we receive a copy for our committee? What firm or governmental entity is doing the study? It is currently under internal review; should be available in about one month. DEIS process calls for a public review and public hearing. DEIS document will consist of two very thick volumes. Will provide Kelly a copy when available. 11. What is the baseline to determine if there are any environmental impacts? Took current readings of noise and vibrations using receptors along the corridor fora 24-48 hour time period Formula assigns more impact for night, sleeping hours. 12. Are there station design plans available for review? Also are there pictures available of existing stations? Will look like THE stations. Photo's at the library. The T will provide pictures of existing stations to staff. 13. What will be the height of the proposed station? Will there be overnight lightening? What type of lighting will be used? Overnight Parking is a policy issue. The T will work with the community on overnight parking. The boards policy is that lighting will occur on all night parking. The type of lighting will be determined with community input. 14. Will there be any community involvement in the station design? Community input on station design also. 15. Has The T completed an Origin/Destination studies for the proposed commuter rail? Not sure if the NCTCOG model shows the origin. NTCOG does the modeling. Data is given for year 2030. 16. Regarding sound walls and noise barriers along the Colleyville track, who is responsible for putting those items up, and who would fund and maintain them? What is the budget for those items? The T will work with the City staff to determine policy direction. No sound barriers currently warranted or planned for Colleyvilie. 99.9% noise identified in DEIS is related to whistles. Recommend mitigation is to use quiet zones. If City wants bigger, better mitigation, The T can meet with the city to discuss. Finance: 17. It has been stated that the annual cost to maintain a station in Colleyville is $750,000. How is that dollar amount derived? Where (Colteyville station only?) and what do these funds go to cover? Is this amount subject to annual increases? The T did not produce the $750,000 number. The minimum is the equivalent to 3/8"' of a cent of sales tax. The amount required by Colleyville is to be determined between the city and the board. This amount assumes all costs and does not require extra for the station. This amount covers: station, maintenance, buys track, signal system, capital costs. 18. Citizens of other communities would use a Colleyville station if built. Does Colleyville get any revenue if we have a station? Would a tracking device (i.e. license plate camera, recorder, software, billing mechanism) be included at the station? Would regular maintenance be provided? The T has worked with NCTCOG to conduct license plate surveys at existing THE station to determine usage by cities, however, No restrictive parking policy currently exists for TRE, anyone with access is free to use. The T currently pays for on-going maintenance at existing stations in Tarrant Co. 19. What type of economic incentive are you going to offer the city if we agree to the station? None. 20. Will there be a charge to park? If so who receives the revenue? Currently THE has a no fee parking policy. 21. Upgrading our 3 crossing to quad gates to qualify for a quiet zone has been mentioned if a station is approved. Is the initial cost paid for by the T? Proposing quiet zones; determine through further design work. Consider medians that can't jump but these are not possible at John McCain site so quad gates would be considered. If part of mitigation The T will build. Staff working on quiet zone design. 22. Who will pay for required periodic testing and regular maintenance? This would be part of the 3/8 of a cent sales tax. 23. Will other funding for noise mitigation be provided if a station is approved? Is this a shared cost with the city? If the station is not approved, are there any noise mitigation funds? The current cost estimates include noise mitigation where required. This is not based on station locations. 24. Is funding in place? Capital costs? Operating costs? Percentage of operating costs covered by collected fares? $471 million total. Funding includes $20 million from Tarrant County 2006 bond election; $7-8 million per year from Grapevine sales tax (3/8 cent); $5.5 million per year from T's rail reserves; $50 million from NCTCOG through partnership program and $60 from Texas Mobility funds for rail access into airport. Federal money will make up the remainder through a New Starts grant. Operating costs = 12.5 million. Fare revenue is typically not significant enough to cover the costs of operations. 25. How much financial sensitivity was considered in the overall project cost? With cost of commodities increasing dramatically in recent months (e.g., steel), what impact will that have on your financial estimate? Understand costs increase. Have built info the budget a 25% contingency budget. The $471 million is costs in 2008 dopars, not year of expenditures. Will do all we can to hold the costs within budget. 26. Under what scenarios would the entire "SW to NE Rail Corridor" project not go forward? This is a board issue_ Staff looking at it as a done deal and moving forward as such. Traffic: 27. What are the most recent road counts for State Highway 26 traveling north and south through Colleyville during peak traffic hours on a weekday? We used COG generated data from their model. 28. What are the most recent road counts for John McCain Road near to the SH26 intersection; going both east and west during peak traffic hours on a weekday and what is the estimated alpha-rated "level of service" (A, B, C, D) during those peak periods? Steve Chutchian is working on for June 2 meeting. 29. What measures will be taken to eliminate vehicular traffic congestion at/near the station at peak/non-peak times? Preliminary studies show no mitigation needed. 30. What are your plans for mass transit to move people to and from the station and who funds it? If mass transit is buses, how often will the buses run? To be determined, possibly an added expense to the City. 31. With the SH26 expansion has entrance and exits for the station site been discussed with TxDot? City staff has plans for SH26 TxDot. At this stage, it is too early to discuss given we are at the concept stage. 32. The expansion also has medians, has this been taken into consideration? Too preliminary at this time to discuss with TxDot. No entrance to station from John McCain for vehicular traffic. The entrance you see is for bicycle path. The area shown as open is open for development, possible gas well. Total acreage of this site is 7 acres. Safety/Security: 33. Have you studied safety as part of the environmental impact study? What are the results? Yes. DEIS. Look at pedestrian and schools in and around the station. Emergency access for responders, etc. Bike path will consider fencing in the engineering stage. 34. If the city chooses to implement quiet zones, and someone gets hurt, who assumes the liability? Question for your City Attorney. 35. What measures will be taken to ensure pedestrians, passengers (moving to and from the train), and "trespassers" are not involved in an accident with trains at the station? Possible fencing as mentioned above. 36. What security measures will be taken to prevent criminal activity at and around the station? TRE's existing security plan has camera's (24 hour), call boxes, utilizes Fort Worth Police to ride trains, camera's link to monitor locations at the downtown Fort Worth transportation center, if see something, call local authority. Cameras span the parking lot areas. Will discuss with the City on additional security efforts. Other: 37. What are your plans for improving the existing track structure (in particular through Colleyville) prior to initiating service in 2012 - 2013. This would include the FRA track class in which they plan to operate, a description of the track improvements (including the associated signal system), and the schedule on which the improvements will be accomplished. Track will be re-built and upgraded to class IV. CTC signaling is proposed. 38. What is the project timeline-with definitive markers for the rail to connect to DFW from Fort Worth? Current schedule is early 2013. 39. How much of the maintenance-of-way will be covered by freight traffic on the rails (e.g., what sort of revenue sharing agreements will be in place with freight operators)? FWWRR assists in maintenance currently, future arrangements TBD. 40. The infrastructure improvements that wilt be made in connection with commuter operations will also allow freight traffic to operate at higher speeds over this route. What is known about the prospect of the Ft. Worth & Western (or any carrier with applicable trackage rights) operating more freight trains when these improvements are complete? DART owns ROW, The T may not gain ownership. Owner determines whether more freight traffic on the lines. FWWRR has local rights only. Working on negotiations with other lines. CTC signal (safest form of track authority), dispatch. Will put in all new rail Timeline for tack work (?) 2010 start. No bids for constnaction at this time. Additional Responses to questions asked by Committee members: We will make application for start-up funding next spring. Viability of the project with FTA? The T contacts them monthly. To compete with other rail projects requesting funding, the SW2NE needs at least 50% local funding. If we do not receive the federal funds, we may go to minimal operable segment most .likely between from Fort Worth to Grapevine. What are the advantages serving Colleyville? Regionally, Colleyville will use, will provide mobility options. What happens if at sales tax cap? Come up with something equal to 3/8 cent. City staff has been approaching the T with regard to station sites, we have not approached. Regarding sound walls and noise barriers -There is a process for these to be constructed. This was not identified as needed for Colleyville based on sound levels. City can talk with the T staff to consider, part of the decision process. What does a sound wall look like, what material is it made from? Concrete wall (example, Dallas Tollway). The T would be willing to discuss the sound wall issues What type of vehicle/Train? Still determining vehicle, possibly something softer and lighter than TRE. The 430 passengers per day, how is this in relation to other stops? All stops average 500., 500 on and off. Current TRE sites are running a daily average of 9,000. Cotton belt proposed 15,000 riders by 2030. Divide if everyone rides roundtrip = 7500 on and 7500 off. Downtown Fort Worth is a distribution and collector area. Restroom, facilities, benches, etc? To be determined, will work with the City. If we have those, who maintains? It would be part of an agreement with the City. TRE two terminal lines -and South Irving stations have restroom facilities, others do not. How committed are other cities? Haltom City has taken steps toward making a purchase for land. NRH has updated their comprehensive plan to include rail. Consider that pretty committed. Any educational plans? Judy .Meyers is over the public information team. Hosted a booth at Main Street days this past weekend. Will do presentations at HOA meetings, mail newsletters quarterly, invite the public to attend meetings. New Start Grant process - DEIS, preliminary engineering, final design, provide check to go into construction (2010) will want to know Colleyville participation before (2010) If you take Federal funds are there strings attached? Whether we take the federal funds or not, they cannot determine to run more freight, determined by the owner of tracks. Estimated cost to maintain? Will get amount for Station maintenance What percentage of the total passenger traffic does the 15K represent? How will you address budget shortfalls caused by recession years, etc.? TRE staff establishes annual operating budget: TRE example: The service level is usually consistent. Fare income not a driver of operating budget. Driver for operating budget is: maintenance, labor, fuel. Shortfalls are managed through adjustment to other areas of the budget. Crimes reported? -Will get to us the TRE data Do we need a station here? Station every 3-5- miles; you decide. Speed of trains? Class IV. If there is no station .speeds can range from 60-70mph; if a station then average speeds would be slower, because of stopping., starting at station. What impact would upgraded track have on freight? Would be able to go faster (60mph) Public planning document that will present operation plan. Yes Contingency planning for example a crossing accident? System safety plan will look a lot like TRE. Will provide. Did you consider in the noise study that freight would be going 60mph?Will check. Multiple main and passing tracks? Yes. Passing tracks at station, 2030 operating Noise at starting and stopping at station? Yes Consider grade at track, equipment, .etc. No grade issues along Colleyville. 2 feet between Smithfield and Grapevine. Not a breaking sound, wheel squeal comes from curves. No measurable difference according to TRE/FTA. 3-5 decibles. Can City explore another location or partnership with another city? Best time is now. One year from now to be complete. List of criteria to evaluate station. Will provide. COG did a study at precinct line looked at, concluded no station planning. NCTCOG.org/Transportation Questions for The T 3. How many riders are you projecting coming from other cities to Colleyville? .Project team is still looking into this (COG travel model data). 8. Regarding noise assessments, there is a good deal of construction in Colleyville around the cotton belt track. How is non-recurring noise treated when considering the increased track noise as part of the noise assessment? Construction noise is not considered in the noise analysis. Construction noise is a temporary occurrence and varies greatly depending on the phase and location of construction. Mitigation measures for noise due to construction activities are included in the project specification and contractor terms to minimize impacts. Noise monitoring would be performed during construction to verify compliance to noise limits. Additional Responses to questions asked by Committee members: Did you consider in the noise study that freight would be going 60mph? Will check.: The noise. study did not specifically factor the existing freight train noise into. our analysis. We based the existing noise level in this area on the 24hour noise measurement,. which may or may not have included any freight activity; the measurement data suggest that either there was no freight activity or, if there was, it did not significantly affect the overall noise exposure duping the measurement period. In .any case, there is very little freight activity on this line at present and the existing Ldn assumption of 55 dBA for this area should be conservative in terms of assessing impact. With regard to future conditions, we did not assume that the project would result in any changes in freight operations. 1) Will the City's financial commitment vary from year to year based on sales tax? For example if 2007 sales tax 3/8ths of a penny was $400,000 and the projected 2008 is 450,000; is the expectation from The T that the City's contribution would increase as well? What if our sales tax decreases, would our contribution also decrease? Agreement must be equivalent to Grapevine's 35-year commitment of 3/8 cent based on incoming sales tax collections. Therefore the amount will vary monthly - if sales are down the amount decreases, if up the amount increases. 2) The total ridership number that you gave us was 450 for Colleyville. Can you clarify does this mean 225 get on in Colleyville and then 225 get off at Colleyville or is it 450 total getting on in Colleyville? Project team is looking into this (COG Travel model data). RESOLUTION R-08-2985 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JULY 1, 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: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor