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City Council-Agenda Packets-10/21/2008
~~, , ~, City of Colleyville 100 Mlain Street 7, -~>= ~,~ Colleyville, Texas 76034 I ~~ ~91iYi~~i,~ Agenda 817.503.1000 ,:_,,_ www.colleyville.com City Council Tuesday, October 21, 2008 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Presentation of the Senior Center Open Space Master Plan PC-2 Update of McPherson Park Master Plan Final Phase PC-3 Presentation of the Spatial Reorganization Plan for the Colleyville Public Library PC-4 Presentation and discussion of the Attorney General Opinion GA-0668, whether certain posted agenda items satisfy the notice requirements of the Open Meetings Act, Chapter 551, Government Code PC-5 Presentation of the Monthly Financial Report -September 2008 PC-6 Discussion of the October 21, 2008 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. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property City of Colleyville Page 1 Printed on 10/16/2008 City Council Agenda October 21, 2008 Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property (Mineral Rights) Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property (Water Well Sites) Sec. 551.074 - Personnel -Deliberate the appointment, employment and duties of the City Manager Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Louie Murillo, Compass Christian 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-08-3020 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Presentations In recognition of Firefighter Michael Stephens for heroic actions at an off duty boating accident Presentation of the America In Bloom Award -Monica Walsh, Parks and Recreation Director Plaques In recognition for service on the Senior Center Advisory Committee - Mr. Jack Olsen In recognition for service on the Parks and Recreation Advisory Board - Mr. Joe Ben Hassell and Mr. Franklin Hyde Proclamation In recognition of Chamber of Commerce Week - Ret Stansberger, President, Colleyville Area Chamber of Commerce City of Colleyville Page 2 Printed on 10/16/2008 City Council Agenda October 21, 2008 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3021 4a Approval of the minutes of the regular City Council meeting of October 7, 2008 4b Approval of the minutes of the Joint City Council and Planning and Zoning Commission worksession of September 29, 2008 4c Approval to renew the janitorial services agreement with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $125,400.00 4d Approval of the disposal of surplus and obsolete vehicles, equipment and computers 4e Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $130,000.00 4f Approval of a waiver of the water well drilling requirements requested by Bluebonnet Hills Funeral Home and Cemetery located at 5725 Colleyville Boulevard 4g Approval of assignment of economic incentive agreements with Colleyville Cinema Grill IMAX-THEATRE and authorizing the Interim City Manager to execute same 4h Approval to enter into a mineral gas lease agreement with Titan Operating, L.L.C. 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1698 Amendment to the Colleyville Code of Ordinances Chapter 42, Section 42-31(b) Ordinance 0-08-1677 regarding "Prohibition" (e.g. maximum height of weed, grass or uncultivated plants), Case G-08-028 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-08-3022 Consideration of appointments to the Park Land Dedication Committee 6b R-08-3023 Consideration of appointments to the Parks and Recreation Advisory Board City of Colleyville Page 3 Printed on 10/16/2008 City Council Agenda October 21, 2008 6c R-08-3024 Consideration of appointments to the Colleyville Tree Board 6d R-06-3025 Approval of authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an electric supply agreement for deliveries of electricity and necessary, related services effective January 1, 2009; approving CAPP contracting with Florida Power and Light (FPL) Energy and Direct Energy and authorizing the City Manager to sign a contract with CAPP for the City's electricity needs for the period beginning January 1, 2009 and extending up to December 31, 2013 7. TABLED ITEMS AND PUBLIC HEARINGS 7a 0-08-1695 Approval of a request for a zoning change from R20-Single Family Residential to CPO-Professional Office on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 7b 0-08-1696 Approval of a request for a zoning change from RE-Residential Estate to PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4, Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool Road, Case Z-08-018 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS: Sign Board of Appeals Minutes -April 29, 2008 Parks and Recreation Advisory Board Minutes -June 2, 2008 Zoning Board of Adjustment Minutes -August 12, 2008 Senior Center Advisory Committee Minutes -August 21, 2008 Joint City Council and Planning and Zoning Commission Minutes - September 4, 2008 Planning and Zoning Commission Minutes -September 8, 2008 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 21, 2008 -Reading and Public Hearing -Resolution R-08-3026 11. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 17, 2008, by 5:00 p.m. City of Colleyville Page 4 Printed on 10/16/2008 i+:a...~,.......:~ e..nnrh (lr4nhar 77 9MR Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 5 Printed on 10/16/2008 lrynTrlla Jlfl91@iOfl, I KIVII., I,IVIIi City Secretary r.-:~, City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 10/21/2008 Status: Pre Council Controlling Body: City Council Requester: Parks and Recreation Agenda No.: PC-1 Final Action: Department File Name: Presentation of the Senior Center Open Space Master Plan Attachments: Senior Center Open Space Master Plan History of Legislative File Version: Date: Acting Body: Action Text: 10/21/2008 City Council Title Presentation of the Senior Center Open Space Master Plan Explanation This item is provided as an opportunity for staff to update City Council on the Senior Center Master Plan. Representatives with the consulting design firm of Newman, Jackson, Bieberstein, Inc. (NJB) will make a presentation. The City purchased the property at 2512 Glade Road in November 2005, to develop into a Senior Center. In January 2006, City Council approved the purchase of an additional 2.6 acres of open space adjacent to the Senior Center. The property acreage owned by the City is approximately 11.6 acres. City Council has designated six (6) acres as a park. To address both the current and future recreational and athletic needs of the City for the Senior Center Open Space Area, a Senior Center Open Space Master Plan Committee was established by City Council. The committee assisted in developing a Master Plan with a recommendation to the Senior Center Advisory Committee, Parks and Recreation Advisory Board and City Council. Professional services were provided by NJB for the refinement of the plan, which reflects program elements requested by City staff and the committee. Several meetings with the committee and a public meeting were conducted with several ideas being incorporated into the plan. This is a public park with emphasis placed on the senior lifestyle and compatibility to the neighborhood. Design elements specifically requested and incorporated for seniors include: City of Colleyville Page 1 Printed on 10/16/2008 Agenda Briefing Continued • Hike and Bike Trail with a smaller connecting loop • Wooden Trellis with an outdoor eating area • Bocce shuffleboard • Horseshoe pit The Senior Citizen Advisory Committee and the Parks and Recreation Advisory Board recommended approval of the Master Plan at their meetings on August 21, and on October 6, 2008 respectively. With City Council approval, both the committee and the board would like move to forward with the design of the trail being a first priority. Funding of $125,000.00 is allotted in the Colleyville Economic Development Corporation Fiscal Year 2009 budget. City of Colleyville Page 2 Printed on 10/16/2008 _~_~' ~~~ City Hall r. ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 . r,,.~:~ Agenda Briefing 817.503.1000 vvww.col leyvi lle. com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 10/21/2008 Requester: Parks and Recreation Agenda No.: PC-2 Department File Name: Update of McPherson Park Master Plan Final Phase Attachments: McPherson Park Phase II Plan History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 10/21/2008 City Council Title Update of McPherson Park Master Plan Final Phase Explanation This item is provided as an opportunity for staff and representatives with the consulting design firm of Newman, Jackson, Bieberstein, Inc. (NJB), to provide an update to City Council on McPherson Park improvements. In November 2001, the City Council established the McPherson Park Master Plan Committee to develop a Master Plan that addressed both the current and future recreational and athletic needs of the City. On October 1, 2002, the City Council approved the McPherson Park Master Plan. McPherson Park is a 27 acre tract in the northwest quadrant of the City. Fire Station 3 and some Parks Department maintenance facilities are located there. The overall development of McPherson Park will be completed in phases. Phase I included unstructured open space play areas, a pond and fishing pier, concrete parking for 150 cars, basketball and sand volleyball courts, a pavilion, playground and concrete hike and bike trails. Phase I design work is 100% complete. The final phase features will include hike and bike trails, a large group pavilion with restrooms, spray park, demonstration gardens, wildflower areas, tree farm, Rock House renovation and Park Service Center improvements. The existing milking and pole barns located near the maintenance area will receive cosmetic updates (paint, plantings) to enhance the aesthetics in that area. On October 6, 2008 a representative with NJB, provided a McPherson Park Final Phase update to the Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board approved the plan. City of Colleyville Page 1 Printed on 10/16/2008 Om11x Pavilion Section ua~a: t.-to.u. .. : ~ ` t ~~ \ ~ •' ~. ! ~ ~_ ~ t,,,~- \ ~\ TT - - , • ~ t ~~ ` 1 ( ,, , I V ~~ fie.. i~ '~,~~ f,~ ~ i} ,~~ ~, `~ ~' / y~ ~ ~ "~ ~. ri~ ~1 i ~' ~ -Y~ A f_~~-~ Trellis 7 ~~j p+ ~ Existing Rock Howe fr~1 f *~` { ~.~ h the Pl u g ! _ L .`: ''..U ~ :~ ~ v.`'. L ~I _ *.,.' -~a-~-~ y ,r__iy ~~~~_' "~~ pavilion wNk Nextroams rrenix ` ~ Detention Area r s`- ower Field ` \\}} _ Ji .__._ 1 ~. ~. ~ ~ ~ 77 t i I li ' w ~~ I ~ '.: i I {-~{ i ~. ,~ ~ i ~ F McPherson Park Phase 11 Plan City of Colleyville, Texas Ar¢n ..: oxisti~ e a~ \ 1 • 1 ~ < i % ` ' L / ~.~ If ~ {rrfY y ~ Y`y. ;;,t ~ ~.. { 1~ ~;; t Y ~ `•,~ 10' N'ide x Y~•"r I Cnncrele Trail ,... . G' - ~ '__ ~~l ---- xisting Fence x ~ Yi (AII e~2) Planted Berm--~~,..,~. ,..` z rr City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 r~.,..: Agenda Briefing 817.503.1000 vvww. co I I eyv i l l e. co m File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 10/21/2008 Controlling Body: City Council Requester: Library Agenda No.: PC-3 Final Action: File Name: Presentation of the Spatial Reorganization Plan for the Colleyville Public Library Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 10/21/2008 City Council Title Presentation of the Spatial Reorganization Plan for the Colleyville Public Library Explanation In January 2008, the Library embarked on a project to create a Spatial Reorganization Plan for the Colleyville Public Library. The purpose for developing the plan was to enable the Library and the City to realize visions, goals and objectives defined in their strategic planning documents, specifically, as follows: Colleyville Public Library Long-Range Plan FY2007 - FY2010: Goal Two: Lifelong Learning: 2.1 Reorganize the Library's existing space, two levels, 24, 000 square feet, and utilize 100% of available space to provide better support for the Library's Lifelong Service programs for children and adults by FY 2009/2010. City of Colleyville 2008 Annual Work Plan: Goal Four: "Continue focus to delivering superior services and demanding results", and Objective One's first three tasks are significantly addressed through this effort: - Develop a plan to reorganize the Library to utilize available space to provide better support for the Library's programs for children and adults. - Develop and enhance programs for children and adults that will establish the Library as the community's literacy cultural center while seeking community partnering programs with local and regional literary and cultural groups. - Prepare a financial plan providing for the implementation of the 2007 Library Master Plan Update Report. At the January 14, 2008, Library Board meeting, the Board discussed and approved the City of Colleyville Page 1 Printed on 10/16/2008 Agenda Briefing Continued development phases of the Spatial Reorganization Plan. These included: prepare guideline documentation for a design consultant; identify public library consultants that specialize in the design of the new Innovative Library Service Model; request proposals from identified consultants; and select consultant. In February 2008, the Colleyville Public Library Foundation announced they would provide funding to support the project and in March 2008, the Foundation accepted the proposal submitted by Ms. Sam McBane Mulford, Principal Strategist, of Ideation .Collaborative. The Colleyville Public Library Spatial Reorganization project was officially launched at the May 14, 2008, Library Board Meeting, and between May and October 2008, the plan was developed. In preparing the plan, numerous steps were taken to ensure that a full picture of the community's current and future service needs was created. The Project Core Team and consultant obtained information from community members and stakeholders through a variety of meetings and methods that encouraged input from participants of all ages. Over 1,000 patrons provided feedback through the following activities: - Two focus group sessions were held with a cross section of the community. - Five key informant interviews were conducted with individuals who could broadly represent the community due to their roles as identified community leaders. - An online survey was available from May through October to provide an opportunity for the community to comment and provide feedback. A total of 982 library needs assessment surveys were completed online or in hard copy through October 2008. - Two stakeholder and staff workshops were held to develop the vision for redefining use of the space to meet future library service needs within the community. - The Core Team and consultants engaged the community in casual conversations at retail stores, recreation centers, restaurants and in the library. When the information gathering phase was completed, Ms. Mulford compiled the findings and prepared the plan. In October, a plan draft was presented for review and discussion. At the October 13, 2008, Library Board meeting, the Library Board approved the Library Spatial Reorganization Plan and recommended the plan be forwarded to the City Council for review October 21, 2008. This item is provided as an opportunity to present the Colleyville Public Library Spatial Reorganization Plan to City Council. Ms. Mulford will make the presentation. City of Colleyville Page 2 Printed on 10/16/2008 :ill'. ~:r/ .___:~. ~, `' ~ r,6~.~ City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Requester: Office of the City Secretary Agenda Date: 10/21/2008 Agenda No.: PC-4 Controlling Body: City Council Final Action: File Name: Presentation and discussion of the Attorney General Opinion GA-0668, whether certain posted agenda items satisfy the notice requirements of the Open Meetings Act, Chapter 551, Government Code Attachments: Attorney General Opinion GA-0668.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/21/2008 City Council Title Presentation and discussion of the Attorney General Opinion GA-0668, whether certain posted agenda items satisfy the notice requirements of the Open Meetings Act, Chapter 551, Government Code Explanation City Attorney Matthew Boyle will present the recent Attorney General opinion regarding whether certain posted agenda items satisfy the notice requirements of the Open Meetings Act, Chapter 551, Government Code. City of Colleyville Page 1 Printed on 10/16/2008 Tex. Att'y Gen. Op. No. GA-0668 (2008) -- Greg Abbott Administration Page 1 of 5 AT~roKh~:~~ Gc:~rcrt.-~i. O~~ `I'c.~f~s October 6, 2008 The Honorable Jeff Wentworth Opinion No. GA-0668 Chair, Committee on Jurisprudence Re: Whether certain posted agenda items satisfy Texas State Senate the notice requirements of the Open Meetings Act, Post Office Box 12068 chapter 551, Government Code (RO-0696-GA) Austin, Texas 78711-2068 Dear Senator Wentworth: You ask whether certain posted agenda items satisfy the notice ~~~ requirements under the Texas Open Meetings Act, chapter 551, Government Code (the "Act"). ~2~ See Tex. Gov't Code Ann. ch. 551 (Vernon 2004 & Supp. 2008). Your questions relate to section 551.041 of the Act, which requires that written notices of meetings held by a governmental body include the date, hour, place, and subject of each meeting. See id. § 551.041 (Vernon 2004). You are specifically concerned about the requisite specificity of the description of the subject of a meeting. See Request Letter, supra note 2, at 6. I. Factual Background and Questions You explain that the Corpus Christi City Council has for several years included "City Manager's Report," "Mayor's Update," and "Council and Other Reports" as items on the agenda for meetings of the governing body. Id. at 2. You tell us that the report by the city manager of the City of Corpus Christi ("City") is generally posted on the agenda as follows: CITY MANAGER'S REPORT Upcoming items. Id. In conjunction with this agenda item, you indicate that the city manager traditionally states, describes, and announces upcoming agenda items, the date and time for local meetings, the status of City department issues, the receipt of City awards, and the arrival of new department directors. See id. You explain that the mayor's update and council report have traditionally been posted as follows: REPORTS The followin_g_re~orts include questions by Council to Staff reg_arding_CitV policies or activities; request by Council for information or re o~rts from Staff: reports of activities of individual Council_m_embers.and Staff constituent concerns; current topics raised bX media follow-up on Staff assignments scheduling of future Council meetings and activities and other brief discussions regarding city-related matters MAYOR'S UPDATE COUNCIL AND OTHER REPORTS Id. at 3-4. During the "Mayor's Update" and "Council and Other Reports," you relay that the governing body generally extends its gratitude to staff or other members of the public and advises the city manager of citizen complaints, the location of potholes needing repair, and City-related news and matters. Id. at 2, 4. In light of these facts, you ask the following questions: (1) Does the "City Manager's Report" provide adequate notice under the Open Meetings Act if the individual Council members do not engage in any discussion or take any action regarding these items, or does the Open Meetings Act require that every topic addressed by the City Manager during "City Manager's Report" be specifically listed on the Agenda? (2) Do the "Mayor's Update" and "Council and Other Reports" provide adequate notice under the Open Meetings Act if the individual Council members provide the information, http://www.oag.state.tx.us/opinions/opinions/SOabbott/op/2008/htm/ga-0668.htm 10/15/2008 Tex. Att'y Gen. Op. No. GA-0668 (2008) -- Greg Abbott Administration Page 2 of 5 and the remaining Council members do not discuss further or take any consideration regarding these items, or does the Open Meetings Act require that every topic addressed by an individual Council member or Mayor during "Mayor's Update" and "Council and Other Reports" be specifically listed on the Agenda? Id. at 6. II. Analysis We begin our analysis by providing an overview of relevant requirements of the Act. We then set out factors that may be relevant in determining whether a notice is adequate and the standard by which provisions of the Act should be construed. We next compare the notice at issue with those that have been determined by the courts to be inadequate under the Act. And, finally, we discuss when it is permissible to address a subject not included on a meeting notice and the extent to which such a subject may be addressed. The Act requires that meetings of a governmental body, such as a city council, be preceded by written notice of the date, hour, place, and subject of the meeting. See Tex. Gov't Code Ann. § 551.041 (Vernon 2004); see also id. § 551.001(3)(C) (defining "governmental body" to include a municipal governing body) (Vernon Supp. 2008). The term "meeting" is defined as follows: (A) a deliberation between a quorum of a governmental body, or between a quorum of a governmental body and another person, during which public business or public policy over which the governmental body has supervision or control is discussed or considered or during which the governmental body takes formal action; or (B) except as otherwise provided by this subdivision, a gathering: (i) that is conducted by the governmental body or for which the governmental body is responsible; (ii) at which a quorum of members of the governmental body is present; (iii) that has been called by the governmental body; and (iv) at which the members receive information from, give information to, ask questions of, or receive questions from any third person, including an employee of the governmental body, about the public business or public policy over which the governmental body has supervision or control... . Id. § 551.001(4)(A)-(B); see also id. § 551.001(2) (defining "deliberation"). In determining the adequacy of a particular notice, courts have considered various factors. A court will, for example, compare the content of the notice to the action taken at the meeting. See Markowski v. City of Marlin, 940 S.W.2d 720, 726 (Tex. App.--Waco 1997, writ denied). A court may also consider whether the notice departs from any customary practice where such custom establishes an expectation in the public about the subject of the meeting. See River Rd. Neighborhood Assn v. S. Tex. Sports, 720 S.W.2d 551, 557 (Tex. App.--San Antonio 1986, writ dism'd). Whether the subject is of special interest to the public is also a factor that may impact the adequacy of a notice under the Act. See Cox Enters., Inc. v. Bd, of Trs. ofAustin /ndep. Sch. Dist., 706 S.W.2d 956, 958-59 (Tex. 1986); Point Isabel Indep. Sch. Dist. v. Hinojosa, 797 S.W.2d 176, 179-81 (Tex. App.--Corpus Christi 1990, writ denied). Underlying these considerations is the fact that the provisions of the Act "are mandatory and are to be liberally construed in favor of open government." City of Farmers Branch v. Ramos, 235 S.W.3d 462, 467 (Tex. App.--Dallas 2007, no pet.). We next consider instances in which the subject matter of a meeting has been determined to be inadequately described in a notice. Ina 1986 case, the Texas Supreme Court considered a meeting notice that included general terms such as "personnel," "litigation," and "real estate matters." Cox Enters., Inc., 706 S.W.2d at 957. After explaining that notice under the Act "should specifically disclose the subjects to be considered at the upcoming meeting" the court held that those general terms "did not provide full and adequate notice, particularly where the subject slated for discussion was one of special interest to the public." Id. at 959. Ina 2000 opinion, this office concluded that the generic notice "employee briefing sessions" was inadequate under the Act. See Tex. Att'y Gen. Op. No. JC-0169 (2000) at 6. The opinion reasoned that because a governmental body exercises control over its staff, it presumably can ascertain in advance what subjects will be addressed such that those subjects should be included in the meeting notice. Id. And in a 2001 case, this same reasoning was applied by the Austin Court of Appeals to "comments by members of the governmental body itself." Hays County Water Planning P'ship v. Hays County, 41 http://www.oag.state.tx.us/opinions/opinions/SOabbott/op/2008/htm/ga-0668.htm 10/15/2008 Tex. Att'y Gen. Op. No. GA-0668 (2008) -- Greg Abbott Administration Page 3 of 5 S.W.3d 174, 180 (Tex. App.--Austin 2001, pet. denied) (citing Tex. Att'y Gen. Op. No. JC-0169 (2000)) In Hays County Water Planning Partnership, the Austin Court considered the following posting: "Presentation by Commissioner Russ Molenaar." Id. at 178. The court held that "'[p]resentation' is a vague description. There is nothing in the posting that would give a resident of Hays County any inkling of the substance of Molenaar's proposed presentation." Id. at 180. Use of the term fails "to inform a reader as a member of the interested public ... of the topics to be addressed by Molenaar." Id. Based on these cases and the standard to be used in construing the Act's provisions, we conclude the notice set out supra is inadequate as a matter of law. See supra p. 2; City of Port Isabel v. Pinnell, 207 S.W.3d 394, 406 (Tex. App.--Corpus Christi 2006, no pet.) (explaining that "[i]f the contents of a notice are undisputed, its adequacy is a question of law"); City of Farmers Branch, 235 S.W.3d at 467 (providing that the Act should be liberally construed in favor of open government). The general and generic nature of the notice does not sufficiently notify a reader, as a member of the interested public, of the subjects of the update and reports to be discussed at any particular meeting. And like the notices at issue in Hays County Water Planning P'ship and Attorney General Opinion JC-0169, the subjects to be addressed can presumably be ascertained by the governmental body in advance. Hays County Water Planning P'ship, 41 S.W.3d at 180; Tex. Att'y Gen. Op. No. JC-0169 (2000) at 6; but see, Tex. Att'y Gen. Op. No. JC-0169 (2000) at 4 (discussing "public comment" as sufficient notice where, unlike with staff, the governmental body cannot predict the subject matter of citizen comments and questions). Our conclusion here is not altered by the fact that the governing body does not, as you assert, "engage in any discussion" or "take any action regarding these items." Request Letter, supra note 2, at 6. Under the Act's definition of "meeting" a governmental body is subject to the Act, and its notice requirements, even when its members merely receive information about public business or public policy over which the body has supervision and control and do not engage in deliberations. See Tex. Gov't Code Ann. § 551.001(4)(8) (Vernon Supp. 2008); Martin v. Victoria Indep. Sch. Dist., No. 13-01-096-CV, 2002 WL 34215930, at '3 (Tex. App.--Corpus Christi Aug. 8, 2002, no pet.) (not designated for publication) ("[A] governmental body is subject to the Act even if the members merely receive information and do not engage in deliberations among themselves or with a third party including an employee of the governmental body[.]"). You also ask whether every subject addressed by the city manager or governing body in a report or update must be specifically listed on the agenda. Request Letter, supra note 2, at 6. Because you raise section 551.042 of the Act as applicable to your questions, we presume you are inquiring about how this section might be applicable to a report or update delivered by the city manager or by a member of the governing body at a meeting. See id. at 1-2. Section 551.042 provides the following: (a) If, at a meeting of a governmental body, a member of the public or of the governmental body inquires about a subject for which notice has not been given as required by this subchapter, the notice provisions of this subchapter do not apply to: (1) a statement of specific factual information given in response to the inquiry; or (2) a recitation of existing policy in response to the inquiry. (b) Any deliberation of or decision about the subject of the inquiry shall be limited to a proposal to place the subject on the agenda for a subsequent meeting. Tex. Gov't Code Ann. § 551.042 (Vernon 2004) (emphasis added). The purpose of section 551.042 is to authorize "a limited response to an inquiry about a subject not included in the posted notice while preventing" deliberations or decisions about the subject matter of the inquiry. Hays County Water Planning P'ship, 41 S.W.3d at 181. Thus, if a member of the governmental body is, for example, responding to an inquiry by a member of the public or a member of the governmental body arising from the delivery of a report or update, section 551.042 would authorize a statement of factual information or a recitation of existing policy in response to the inquiry, even where the subject was not included in the meeting notice. Id.; Tex. Gov't Code Ann. § 551.042(a) (Vernon 2004); see also Gardner v. Herring, 21 S.W.3d 767, 774 (Tex. App.--Amarillo 2000, no pet.) (holding that a spontaneous inquiry by a member of the governing body coupled with a recitation of factual and policy information did not violate the Act as it was authorized by section 551.042). To the extent authorized by section 551.042, not every subject addressed by the city manager or a member of the governing body must be specifically listed on the agenda. Other than a situation under section 551.042, which authorizes a limited response to certain inquiries, the subject of a report or update by city staff or http://www.oag.state.tx.us/opinions/opinions/SOabbott/op/2008/htm/ga-0668.htm 10/15/2008 Tex. Att'y Gen. Op. No. GA-0668 (2008) -- Greg Abbott Administration a member of the governing body must be set out in the notice in a manner that informs a reader about the subjects to be addressed. SUMMARY The notice at issue does not sufficiently notify a reader, as a member of the interested public, of the subjects to be addressed at a meeting subject to the Open Meetings Act, Government Code chapter 551. Section 551.042 of the Act authorizes a limited response to inquiries of a member of the public or of the governmental body about a subject not included in the posted notice. To the extent that a subject is addressed by a city manager or a member of the governing body in the manner and under the circumstances authorized under section 551.042, it does not have to be included in a posted meeting notice. Very truly yours, GREG ABBOTT Attorney General of Texas KENT C. SULLIVAN First Assistant Attorney General ANDREW WEBER Deputy Attorney General for Legal Counsel NANCY S. FULLER Chair, Opinion Committee Christy Drake-Adams Assistant Attorney General, Opinion Committee Footnotes Page 4 of 5 1. This office has explained in previous opinions that the terms "agenda" and "notice" are often used interchangeably in discussions of the Open Meetings Act because of the common practice of posting the agenda as the notice or as an appendix to the notice. See, e.g., Tex. Att'y Gen. Op. Nos. DM-473 (1998) at 3 n.10, DM-228 (1993) at 2 n.2. 2. See Letter from Honorable Jeff Wentworth, Chair, Committee on Jurisprudence, Texas State Senate, to Honorable Greg Abbott, Attorney General of Texas, at 6 (Apr. 4, 2008) (on file with the Opinion Committee, also available at http://www.texasattorneygeneral.gov) [hereinafter Request Letter]. Home ~ Opinions http://www.oag.state.tx.us/opinions/opinions/SOabbott/op/2008/htm/ga-0668.htm 10/15/2008 ,a~} ~'~ ~t '~~ r, ~:.: City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 10/21/2008 Status: Pre Council Controlling Body: City Council Requester: Finance Department Agenda No.: PC-5 Final Action: File Name: Presentation of the Monthly Financial Report -September 2008 Attachments: September 2008 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/21/2008 City Council Title Presentation of the Monthly Financial Report -September 2008 Explanation The percentage of current year taxes collected for Fiscal Year 2008 was 98.97% and was slightly under last fiscal year's collection rate of 99.06%. Sales tax revenue received in September 2008 was up $7,533 (4.32%) over the amount received in September 2007 and the sales tax revenue received in October 2008 was down $1,992 (-1.15%) over the amount received in October 2007. Per governmental accounting rules, sales tax revenue received in October 2008 and November 2008 is recorded as FY 2008 revenue, and the November number is not reflected in the attached report. It is estimated that the November sales tax receipts will be $250,000. Three residential building permits were issued in September, as compared to seven issued in September 2007. Municipal Court revenues have increased. The average amount expended by the departments at the end of September 2008 is 98.8%. Utility Fund Water usage increased as compared to the amount sold through September 2007, due to the record rainfall received in 2007 and somewhat dry conditions that occurred this fiscal year. The average amount expended by the Utility Fund at the end of September 2008 is 111.5% due to the rate paid for purchases of treated water and wastewater being higher than the rate budgeted. City of Colleyville Page 1 Printed on 10/16/2008 MONTHLY FINANCIAL REPORT -SEPTEMBER 2008 GENERAL FUND FY 2008 :REVENUE SOURCE BUDGET Current Taxes $8,860,357 Delinquent Taxes 50,000 Penalty & Interest 55,000 TOTAL AD VALOREM TAXES $8,965,357 TXU Electric Tri-County Electric TXU Gas Southwestern Bell Verizon/Others Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits TOTAL LICENSES & PERMITS Fines Alarms Permit Fees Library Fines TOTAL FINES $910, 000 104,000 280,000 114,000 59,500 115,000 165, 000 $1, 747; 500 $2,452,394 '', 100,000 '~,I $2,552,394 $917,929 ', 124,994 57,108 '', 97,703 56,802 167,332 3,079 2,000 7,015 7,359 15,000 $1,456,321 $725,000 38,000 26,100 $789,100 RECEIVED AS OF 9/30/2008 $8,875,667 62,479 74,002 $9,012,148 $869,180 110, 560 338, 969 126, 011 63,152 119,025 184, 825 $1,811,722 $2,178,472 82,532. $2,261,004 ~~ $679,452 77,248 57,230 j 68,921 68,029 133,172 2,216 940 8, 035 5, 805 12, 550 $1,113,598 $1, 050, 522 51,525 28,494 $1,130, 541 PROJECTED AS OF 9/30/2008 $8, 860, 35 $50, 00 $55,00 $8,965,35 $910,000 $104,000 $280,000 $114,000 $59,500 $115,000 $165,000 $1, 747, 500 $2,161, 895 100, 000 $2,261,895 $917,929 124, 994 57,108 97,703 56, 802 167, 332 3,079 2, 000 7,015 7,359 15,000 $1,456,321 $725,000 36, 500 26,100 $787,600 RECEIVED AS OF 9/30/2007 $8,040,019 48, 228 62,232 $8,150,479 $933,754 102,109 279,061 120,119 50, 883 116,010 177,438 $1,779,374 $2,133,679 89,132 $2,222,811 $764, 939 83,668 58,443 75, 387 64, 999 161,224 2, 726 1,488 7, 945 7,200 16,200 $1, 244, 219 $826,442 47, 000 29, 063 $902, 505 PERCENT CHANGE 10.39% 29.55% 18.91 10.57% -6.92% 8.28% 21.47% 4.91 24.11% 2.60% 4.16% 1:82% 2.10% -7.40% 1.72% -11.18% -7.67% -2.08% -8.58% 4.66% -17.40% -18.71 -36.83% 1.13% -19.38% -22.53% 10.50% 27.11 9.63% -1.96% 25.27% MONTHLY FINANCIAL REPORT -SEPTEMBER 2008 RECEIVED PROJECTED RECEIVED REVENUE SOURCE FY 2008 AS OF AS OF AS OF PERCENT BUDGET 9/30/2008 9/30/2008 9/30/2007 CHANGE Re-zoning $12,500 $8,669 $12,500 $18,673 -53.57% Plat Fee/Site Plan 21,000 20,917 21,000 25,668 -18.51% Board of Adjustment 2,000 1,375 2,000 3,375 -59.26% Sale of Material 2,500 2,204 2,500 3,547 -37.86% Weed Mowing 6,000 6,948 6,000 8,091 -14.13% Animallmpoundment 3,200 4,454 3,200 5,263 -15.37% Ambulance 242,000 253,018 242,000 267,107 -5.27% Recreation Program 148,524 230,474 148,524 129,876 77.46% Non-Resident Fee Parks 24,500 24,170 24,500 24,445 -1.12% Field Use Charge 16,450 18,720 16,450 17,600 6.36% Engineering & Inspection 80,000 169,312 80,000 142,671 18.67% Chgs & Reimbursements 2,000 5,775 2,000 9,611 -39.91% Colleyville Center Rental 214,000 258,152 214,000 223,040 15.74% Library Building Rental 75 0 75 0 0.00% Lot Drainage Insp Fee 31,225 19,350 31,225 20,125 -3.85% TOTAL CHARGES FOR SERVICE $805,974 $1,023,538 $805,974 $899,092 13.84% DARE Officer Reimb $85,516 $85,516 $85,516 $81,443 5.00% TOTAL INTERGOVERNMENTAL $85,516 $85,516 $85,516 $81,443 0.00% Sale of Surplus Property $17,000 $0 $17,000 $0 0.00% Interest Income 382,500 334,220 $382,500 547,029 -38.90% Miscellaneous 55,000 92,965 $55,000 74,954 24.03% Use of Available Cash 180,290 0 $180,290 0 0.00% Celebrate Colleyville Revenue 0 0 $0 650 -100.00% Antenna Lease 63,475 74,305 $63,475 74,303 0.00% TOTAL MISCELLANEOUS $698,265 $501,490 $698,265 $696,936 -28.04% Transfer from Utility Fd $716,934 $661,936 $716,934 $664,085 -0.32% TOTAL TRANSFERS $716,934 $661,936 $716,934 $664,085 -0.32% TOTAL GENERAL FUND REVENUES $17,817,361 $17,601,493 $17,525,362 $16,640,944 5.77%a MONTHLY FINANCIAL REPORT -SEPTEMBER 2008 FY 2008 THROUGH THROUGH BUDGET 9/30/2008 9/30/2007 OF CURRENT TAX ROLL COLLECTED 99.0% 98.97% 99.06% RESIDENTIAL BLDG PERMITS 245 131 132 COMMERCIAL BLDG PERMITS 10 20 26 PLUMBING/MECHANICAL PERMITS 900 1,467 1,396 ELECTRICAL PERMITS 400 505 508 CITATIONS ISSUED 9,700 15,621 11,218 CITATIONS APPEALED 270 697 683 TOTAL INCREASE (DECREASE) -0.09% (1) (6) 71 (3) 4,403 14 PERCENT INCREASE (DECREASE) -0.09% -0.76% -23.08% 5.09% -0.59% 39.25% 2.05% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2008 THROUGH PROJECTED BUDGET 9/30/2008 EXPENDITURES City Council and Secretary $577,897 $569,798 $577,897 City Manager 634,923 634,901 $634,923 Finance 472,129 471,541 $472,129 Legal 106,823 129,479 $106,823 Engineering 576,249 573,345 $576,249 Economic Development 161,924 148,529 $161,924 Building Inspection 412,404 405,918 $412,404 Community Development 282,071 254,163 $282,071 Fire 3,687,912 3,687,521 $3,687,912 Police 4,069,272 4,068,676 $4,069,272 Parks 1,511,351 1,464,238 $1,511,351 Recreation 414,702 389,970 $414,702 Streets & Drainage 2,142,850 2,141,871 $2,142,850 Library 677,620 662,110 $677,620 Communications 220,221 219,571 $220,221 Colleyville Center 480,283 463,086 $480,283 Human Resources 234,419 213,927 $234,419 Municipal Court 253,121 252,464 $253,121 Fleet Maintenance 195,202 193,231 $195,202 Building Services 256,950 217,017 $256,950 Information Services 370,522 368,766 $370,522 Capital Equipment Reserve 135,000 135,000 $135,000 Transfer to Art Fund 15,000 15,000 $15,000 Performance Pay 13,630 0 $13,630 TOTAL EXPENSES $17,902,475 $17,680,122 $17,902,475 EXPENDED 100.00% OF THE YEAR COMPLETED 98.6% 100.0% 99.9% 121.2% 99.5% 91.7% 98.4% 90.1 100.0% 100.0% 96.9% 94.0% 100.0% 97.7% 99.7% 96.4% 91.3% 99.7% 99.0% 84.5% 99.5% 100.0% 100.0% 0.0% 98.8% BUDGET REMAINING $8, 099 22 588 (22,656) 2,904 13,395 6,486 27,908 391 596 47,113 24,732 979 15,510 650 17,197 20,492 657 1,971 39,933 1,756 0 0 13,630 $222,353 MONTHLY FINANCIAL REPORT -SEPTEMBER 2008 UTILITY FUND REVENUE SOURCE RECEIVED FY 2008 AS OF BUDGET.. 9/30/2008 $7,232,910 $7,776,742 2,188,056 2,348,680 22,900 20,760 48,000 41,340 5,000 6,361 35,000 70,428 158,342 183,427 13,000 160,478 $9,703,208 $10,608,218 $245,000 $278,374 337,000 337,000 $582,000 $278,374 $10,285,2081 $10,886,5901 PROJECTED AS OF 9/30/2008 $7,232,910 2,188,056 22,900 48, 000 5, 000 35,000 158, 342 13, 000 $9,703,208 $245,000 337,000 $245,000 $9,948,208 1 RECEIVED AS OF 9/30/2007 $6,198, 799 2,108,684 21,400 41, 530 20, 908 76, 839 155, 303 31, 241 $8,654,704 $548,728 0 $548, 728 $9,203,432 1 PERCENT CHANGE Water Sales Sewer Sales Sewer Installation Water Installation Sewer Tie-on Charges Engineering Charges Penalties Miscellaneous TOTAL OPERATING INCOME Interest Income Use of Available Cash TOTAL NON-OPERATING INCOME TOTAL INCOME 25.46% 11.38% -2.99% -0.46% -69.58% -8.34% 18.11% 413.68% 22.57% -49.27% 0.00% -49.27% ..._.18.29°/a LLONS OF WATER SOLD MBER OF WATER CUSTOMERS TOTAL THROUGH THROUGH INCREASE 9/30/2008 9/30/2007 (DECREASE) 2,416,000,500 1,872,027,700 543,972,800 8,893 8,700 193 PERCENT INCREASE (DECREASE) 2 UTILITY FUND EXPENSES Administration Billing Operations Debt Service Merit Adjustment Transfer to Art Fund Transfer to General Fund TOTAL EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2008 THROUGH PROJECTED 100.00% OF THE BUDGET BUDGET 9/30/2008 EXPENSES YEAR COMPLETED REMAINING $208,211 $207,969 $208,211 99.9% $242 590,033 413,536 $590,033 70.1% 176,497 7,588,490 8,983,828 $7,588,490 118.4% (1,395,338) 972,260 966,287 $972,260 99.4% 5,973 0 0 $0 0.0% 0 15,000 15,000 $15,000 0.0% 0 716,395 661,936 $716,395 92.4% 54,459 $10,090,389 $11,248,556 $10,090,389 111.5% ($1,158,167} ~~-- ,_ City Hall ~~ ~ ~ ~ City ~f Co~~eyvi~~e 100 Main Street Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 10/21/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-6 Final Action: Secretary File Name: Discussion of the October 21, 2008 regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 10/21/2008 City Council Title Discussion of the October 21, 2008 regular agenda items City of Colleyville Page 1 Printed on 10/16/2008 "' "' City Hall t~ ~ -~~.-, - City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Requester: Office of the City Secretary Agenda Date: 10/21/2008 Agenda No.: 1 File Name: Executive Session -Legal -October 21, 2008 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 10/21/2008 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. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property (Mineral Rights) Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property (Water Well Sites) Sec. 551.074 -Personnel -Deliberate the appointment, employment and duties 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 10/10/2008 RESOLUTION R-08-3025 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF OCTOBER 21, 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 ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2008. CITY OF COLLEYVILLE David Kelly Mayor `'""~`~` City Hall ~---~ City of Colleyville 100 Main Street ~ Colleyville, Texas 76034 r:,°~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Presentation or Status: Presentations or Proclamation Proclamations Version: 1 Agenda Date: 10/21/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Presentations and Proclamations -October 21, 2008 Attachments: City of Colleyville Plaques.pdf Chamber of Commerce Week Proclamation .pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/21/2008 City Council Title Presentations In recognition of Firefighter Michael Stephens for heroic actions at an off duty boating accident Presentation of the America In Bloom Award -Monica Walsh, Parks and Recreation Director Plaques In recognition for service on the Senior Center Advisory Committee - Mr. Jack Olsen In recognition for service on the Parks and Recreation Advisory Board - Mr. Joe Ben Hassell and Mr. Franklin Hyde Proclamation In recognition of Chamber of Commerce Week - Ret Stansberger, President, Colleyville Area Chamber of Commerce City of Colleyville Page 1 Printed on 10/16/2008 Presented to JACK OLSEN In Appreciation for Dedication and Service on the Senior Center Advisory Committee 2006-2008 Presented to JOE BEN HASSELL In Appreciation for Dedication and Service on the Parks and Recreation Advisory Board 2006-2008 Presented to FRANKLIN HYDE In Appreciation for Dedication and Service on the Parks and Recreation Advisory Board 2007-2008 roci~rn~tiott Colleyville, Texas WHEREAS: the Colleyville Area Chamber of Commerce has distinguished itself as the voice of business; and WHEREAS, the Colleyville Area Chamber of Commerce has unceasingly promoted the community for quality growth and development; and WHEREAS, the business community,' represented by the Colleyville Area Chamber of Commerce, has been a driving force in fostering enhanced educational opportunities, infrastructure improvements, leadership development, the creation of jobs and a positive vision of the future; and WHEREAS, the Colleyville Area Chamber of Commerce has sought to achieve successful results for the City of Colleyville in a cooperative spirit with other organizations. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, do hereby proclaim October 19 - 25, 2008, as CHAMBER OF COMMERCE WEEK and recognize the Colleyville Area Chamber of Commerce and many dedicated volunteers for their steadfast work on behalf of and in support of our City and encourage our citizens to congratulate them on their many accomplishments. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 215 day of October 2008. RESOLUTION R-08-3021 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF OCTOBER 21, 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 October 7, 2008 b. Approval of the minutes of the Joint City Council and Planning and Zoning Commission worksession of September 29, 2008 c. Approval to renew the janitorial services agreement with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $125,400.00 d. Approval of the disposal of surplus and obsolete vehicles, equipment and computers e. Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $130,000.00 f. Approval of a waiver of the water well drilling requirements requested by Bluebonnet Hills Funeral Home and Cemetery located at 5725 Colleyville Boulevard g. Approval of assignment of economic incentive agreements with Colleyville Cinema Grill IMAX-THEATRE and authorizing the Interim City Manager to execute same h. Approval to enter into a mineral gas lease agreement with Titan Operating, L.L.C. AND IT IS SO RESOLVED. Resolution R-08-3021 Page 2 of 2 APPROVED BY A VOTE OF ON THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary AYES, NAYS AND ABSTENTIONS 2008. CITY OF COLLEYVILLE David Kelly Mayor r.C `-"~° City of Colleyville ~ City Council Minutes -Draft n~:;= City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, October 7, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 7, 2008, at 5:33 p.m. ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart and Mike Taylor were present. Mayor David Kelly, Interim City Manager Kelly Cooper, Interim Assistant City Manager Mike Johnston, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 6:50 p.m. PC-1 Discussion of the Cities Aggregation Power Project (CAPP) long-term Purchase Power Agreement (PPA) Management Assistant Christine Loven stated the City of Colleyville is a member of the Cities Aggregation Power Project (CAPP), which pools member's electric power needs to negotiate lower, more stable prices and introduced Mr. Jay Doegey, President of CAPP. Mr. Doegey provided a history of CAPP's efforts to obtain competitive energy pricing for municipalities and the benefits of belonging to an aggregation group. Ms. Kristen Doyle, Attorney, Lloyd, Gosselink, Blevins, Rochelle & Townsend, provided an overview of the Long Term Contract and the Wrap Contract, advantages and disadvantages of the Long Term Contract and answered questions of the City Council. There was general discussion regarding responsibility for debt incurred, the Wrap Contract, base load and prices in the electric market. The City Council requested electric rate information prior to deregulation. City of Colleyville Page 1 Printed on 10/16/2008 City Council City Council Minutes -Draft October 7, 2008 PC-2 PC-3 PC-4 1. Sec. 551.071 - Legal -Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Discussion of selecting Councilmembers to serve as the TEX-21 Primary and Secondary Member Representatives It was determined that Councilmember Tony Licata will serve as the Primary Member Representative and Councilmember Stan Hall will serve as the Secondary Member Representative. Discussion of the process for filling an unexpired term on the Parks and Recreation Advisory Board Parks and Recreation Director Monica Walsh reported that in addition to Mr. Franklin Hyde, Mr. Joe Ben Hassell resigned from the Parks and Recreation Advisory Board. It was determined that the City Council would consider appointments to the Parks and Recreation Advisory Board at the October 21, 2008 City Council meeting. Discussion of the October 7, 2008 regular agenda items There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:54 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on October 7, 2008, at 6:55 p.m. ROLL CALL: ROLL CALL: Councilmembers Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, Interim City Manager Kelly Cooper, Interim Assistant City Manager Mike Johnston, Police Chief Tommy Ingram, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, City Engineer Chad Bartee, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Planner Justin Bass, Library Director Mary Rodne, Communications Manager Mona Gandy, Parks and Recreation Director Monica Walsh, Management Assistant Christine Loven Audio Visual Technician Lawrence Gise, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 2 Printed on 10/16/2008 City Council City Council Minutes -Draft October 7, 2008 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. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property (Mineral Rights) Sec. 551.074 -Personnel -Deliberate the appointment, employment and duties of the City Manager Sec. 551.074 -Personnel -Deliberate the appointment, employment and duties of the Economic Development Director Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property, Section 551.74, Personnel, and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:56 p.m. and reconvened at 7:31 p.m. INVOCATION: Councilmember Mike Taylor PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-3015 This resolution was not needed. City of Colleyville Page 3 Printed on 10/16/2008 City Council City Council Minutes -Draft October 7, 2008 3. CORRESPONDENCE, REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS Mayor Kelly announced the Texans Against Crime event, which heightens crime prevention awareness and generates participation in local anti-crime programs, will be held in Colleyville neighborhoods on October 14, 2008, at 6:00 p.m. Mayor Kelly invited citizens to participate in the Fall Clean Sweep event, October 18, 2008, at McPherson Park on McDonwell School Road and advised the large-item drop off service is available at City Hall in the south parking lot. Mayor Kelly invited Colleyville residents in grades 2 through 7 to participate in the "Mayor for a Day" essay contest by submitting an essay stating what they would do, as Mayor, to improve and enhance the lives of Colleyville citizens. Mayor Kelly stated additional information may be accessed on the City's web site at www.colleyville.com. Mayor Kelly presented a proclamation to Community Services Officer Bill Hudgins in recognition of Texans Against Crime. Officer Bill Hudgins expressed appreciation to the Police Academy Alumni Association for their support and stated Police Department staff will visit neighborhoods during the Texans Against Crime event. Mayor Kelly presented a plaque to Mr. Denis Duffy in recognition of service on the Planning and Zoning Commission. Mayor Kelly presented a plaque to Ms. Lisa Kenney in recognition of service on the Zoning Board of Adjustment. Ms. Kenney expressed appreciation to the City Council for the opportunity to serve. Mayor Kelly presented a plaque to Ms. Leticia Sedberry in recognition of service on the Metroport Teen Court Advisory Board. Mayor Kelly presented plaques to Ms. Patrecia Fox and Ms. Connie Hampton in recognition of service on the Senior Center Advisory Committee. Ms. Hampton invited citizens to visit and participate in activities at the Senior Center. City of Colleyville Page 4 Printed on 10/16/2008 City Council City Council Minutes -Draft October 7, 2008 Mayor Kelly presented a plaque to Mr. Gerald Hartman in recognition of service on the Historical Preservation Committee. Mayor Kelly presented a plaque to Ms. Susan Potter in recognition of service on the Library Board. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3016 4a Approval of the minutes of the regular City Council meeting of September 16, 2008 4b Approval for supporting an application by Northern Trust Bank of Texas for the former Comet Cleaners Facility, Bedford Central Plaza Center, to the Texas Commission on Environmental Quality (TCEQ) for a Municipal Setting Designation 4c Approval of a donation of sculptures from the Colleyville Garden Club 4d Approval of an Interlocal Agreement between the City of Colleyville and the City of Fort Worth for continued participation at the Environmental Collection Center, and authorizing the City Manager to execute the agreement 4e Approval of a construction contract with Republic ITS, for the Central Fire Station traffic signal, in the amount of $80,422.80, and authorize the City Manager to execute the contract and any associated change orders, in an amount not to exceed $25,000.00 4f Approval of an Interlocal Agreement with the City of Keller for off-site sanitary sewer improvements for Somerset Manor, and authorizing the City Manager to execute the agreement Mayor Kelly read Resolution R-08-3016 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-08-3016. Councilmember Taylor seconded the motion. Cify of Colleyville Page 5 Printed on 10/16/2008 City Council City Council Minutes -Draft October 7, 2008 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 expressed appreciation to Councilmember Wollin and the Garden Club for the donation of the sculptures. 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1695 Approval of a request for a zoning change from R20-Single Family Residential to CPO-Professional Office on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 Mayor Kelly read the caption of Ordinance 0-08-1695. Community Development Manager Ron Ruthven stated the applicant met with surrounding property owners and is providing building elevation information of the proposed facility. Mayor Kelly opened the public hearing. Mr. Walter James, 1450 Hughes Road, Grapevine, Texas, applicant, provided building elevations of the proposed office building and information regarding the meeting with surrounding property owners. Ms. Tina Milstead, 1112 Jo Carol Lane, spoke in opposition to the proposed ordinance and regarding barriers between the proposed building and residential property, the benefits of PUD-C zoning and the effect of the proposed zoning on property values. Ms. Amy Edgell, 1116 Jo Carol Lane, spoke in opposition to the proposed ordinance and regarding the ramifications of the proposed zoning on residential property values, noise levels related to commercial waste pickup, lighting and traffic flow. Mr. Phillip Leake, 1117 Jo Carol Lane; Mr. Axel Holland, 1100 Jo Carol Lane; Mr. Leon Milstead, 1112 Jo Carol Lane and Ms. Lisa Peterson, 1104 Jo Carol Lane did not wish to speak, but registered their opposition to the proposed ordinance for the record. Ms. Sennear Rika, 1201 Glade Road, did not wish to speak, but registered support of the proposed ordinance for the record. Cify of Colleyville Page 6 Printed on 10/16/2008 City Council City Council Minutes -Draft October 7, 2008 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the area development trends, the Master Plan, issues related to rezoning the area from R20 to CPO-Professional Office and screening between commercial and residential properties. Discussion continued regarding amending the rezoning request to Planned Unit Development-Commercial (PUD-C). Mr. James agreed to amend the zoning application to a PUD-C zoning request. Mayor Kelly moved to table Ordinance 0-08-1695 and continue the hearing to the October 21, 2007 City Council meeting. Councilmember Hart seconded the motion. Mayor Pro Tem Ayers made a friendly amendment to continue and reopen the public hearing on October 21, 2008. Mayor Kelly and Councilmember Hart accepted the friendly amendment. Mayor Kelly requested the applicant address issues related to the site plan, lighting, location of the trash dumpster and develop an exterior elevation. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5b 0-08-1696 Approval of a request for a zoning change from RE-Residential Estate to PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4, Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool Road, Case Z-08-018 Mayor Kelly read the caption of Ordinance 0-08-1696. Community Development Manager Ron Ruthven stated staff developed a general study of traffic in the area and examined entrances to the subdivision off Hall Johnson Road and Glade Road. Mayor Kelly opened the public hearing. City of Colleyville Page 7 Printed on 10/16/2008 City Council City Council Minutes -Draft October 7, 2008 Mr. Curtis Young, 8003 Jefferson Circle, applicant, spoke regarding traffic flow, density of the proposed development, best land use, buffer, 20 foot greenbelt, restricted second floor windows and lot size. Mr. Kent Herald, 5704 Winding Trail, spoke in opposition to the proposed ordinance and regarding the density of the proposed development, traffic and the Master Plan. Mr. Frank Yin, 2501 Kings Court, spoke in opposition to the proposed development and regarding the density and commercial development of the proposed development and traffic. Dr. Allison Cohen-Wullaert, 2502 Kings Court, spoke regarding the agreement with the developer for ten foot fences, two trees behind every lot, density and the restriction of two story windows. Mr. Andre' Wullaert, 2502 Kings Court, spoke in opposition to the proposed ordinance and regarding density, loss of privacy resulting from two story structures and commercial development. Ms. Gaye Lynn Wimmer, 5700 Winding Trail, spoke in opposition to the proposed ordinance and regarding density of the proposed development, absence of green space, traffic study, consistency of buffers and the impact to home values. Ms. Linda Lucart, 2504 Kings Court, spoke in opposition to the proposed ordinance and regarding density of the proposed development and street lighting. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the density level, reconfiguration to lower density, traffic generation, transition development, screening and removal of the commercial component. Mayor Kelly moved to table Ordinance 0-08-1696 and continue the public hearing to October 21, 2008. 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 City of Colleyville Page 8 Printed on 10/16/2008 City Council City Council Minutes -Draft October 7, 2008 5c 0-08-1697 Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pumping Station Addition located at 4602 Bransford Road, Case Z-08-019 Mayor Kelly read the caption of Ordinance 0-08-1697. Mayor Kelly opened the public hearing. Mr. David Washington, GSWW Inc., representing Trinity River Authority of Texas (TRA), stated this is a request to construct a water pumping station, which provides water to the City of Colleyville. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Ordinance 0-08-1697. 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 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-08-1698 Amendment to the Colleyville Code of Ordinances Chapter 42, Section 42-31(b) Ordinance 0-08-1677 regarding "Prohibition" (e.g. maximum height of weed, grass or uncultivated plants), Case G-08-028 Mayor Kelly read the caption of Ordinance 0-08-1698. Community Development Manager Ron Ruthven stated the eight inch requirement for all uncultivated grasses and weeds may be too restrictive for undeveloped agricultural properties over five acres and staff is recommending that agricultural properties five acres in size and vacant lots in residential subdivisions, where less than 80% of the lots contain homes, be allowed to maintain grass and weeds to no more than 12 inches in height. 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 of Colleyville Page 9 Prinfed on 10/16/2008 City Council City Council Minutes -Draft October 7, 2008 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-08-3017 Approval to support increased funding for the Texas Recreation and Parks Account (TRPA) and the State park system Mayor Kelly read Resolution R-08-3017 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-08-3017. Mayor Kelly 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 7b R-08-3018 Approval of a resolution to deny Oncor Electric Company's requested increases to its electric transmission and distribution rates Mayor Kelly read Resolution R-08-3018 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-08-3018. Councilmember Taylor 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 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. City of Colleyville Page 10 Printed on 10/16/2008 City Council City Council Minutes -Draft October 7, 2008 9. REPORTS: Commuter Rail Committee Minutes -August 11, 2008 Senior Center Advisory Committee Minutes -August 21, 2008 Commuter Rail Committee Minutes -August 25, 2008 Commuter Rail Committee Minutes -September 8, 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 OCTOBER 7, 2008 -Reading and Public Hearing -Resolution R-08-3019 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 9:34 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 11 Printed on 10/16/2008 _~. _ City of Colleyville City Hall .~~ 100 Main Street '~,~~~~ (~ Colleyville, Texas 76034 r Minutes -Draft 817.503.1000 ,,~~~~° www.colleyville.com Joint City Council and Planning and Zoning Commission Monday, September 29, 2008 6:00 PM Colleyville Cinema Grille and IMAX Theatre 5655 Colleyville Boulevard The Joint Worksession of the Colleyville City Council and Planning and Zoning Commission was called to order by Mayor David Kelly on September 29, 2008, at 6:04 p.m. ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart and Mike Taylor and Mayor David Kelly; Planning and Zoning Commissioners Mike Clardy, David Phelps, Ron Rotthaus, Larry Knox, Scott Redfearn and Chairman Jeff Byerly were present. Interim City Manager Kelly Cooper, Interim Assistant City Manager Mike Johnston, Community Development Manager Ron Ruthven, Planner Justin Bass, Communications Manager Mona Gandy, Planning and Zoning Assistant Amy Shelley and City Secretary Cynthia Singleton were also present. Councilmember Tony Licata arrived at 6:10 p.m. Other Attendees: Mr. Philip Morley and Mr. Don Sopranzi, Beeler Guest Owens Architects 2. Opening Comments Mayor Kelly welcomed everyone and stated a presentation will be made by representatives from Beeler Guest Owens Architects regarding the SH26 Redevelopment Study. 2. Presentation and Discussion 2a Discussion and presentation of Beeler Guest Owens Architects (BGO) final recommendations regarding the State Highway 26 (SH26) Redevelopment Study Community Development Manager Ron Ruthven provided information regarding the scope and area of the SH26 Redevelopment Study and stated the presentation will provide redevelopment concepts and staff will be requesting City Council provide specific guidelines and regulations for the redevelopment of SH26. City of Colleyville Page 1 Printed on 10/16/2008 Joint City Council and Planning and Minutes -Draft September 29, 2008 Zoning Commission Mr. Philip Morley, Beeler Guest Owens Architects, expressed appreciation to staff for their assistance during the development of the study, stated the area considered for a mixed use overlay district is located between Hall Johnson Road and Little Bear Creek, presented the redvelopment concepts and answered questions of City Council and the Planning and Zoning Commission. There was general discussion regarding form based development codes, attracting development and protecting the quality of life, revitalizing SH26, density, ratio of housing versus commercial development, planning and zoning process and utility lines. It was determined that a worksession would be held to develop a vision for the overlay district and an implementation process, review a proposed form based code and establish a process for addressing current zoning cases and application process in relation to the proposed overlay district. 3. Adjournment Mayor Kelly expressed appreciation to the City Council and Planning and Zoning Commissioners for attending and sharing ideas. There being no further business, Mayor Kelly adjourned the meeting at 8:20 p.m. City of Colleyville Page 2 Printed on 10/16/2008 City Hall ~ -~ i ~ City of Colleyville 100 Main Street `~ Colleyville, Texas 76034 r..:~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 10/21/2008 Controlling Body: City Council Requester: Building Services Agenda No.: 4c Final Action: File Name: Approval to renew the janitorial services agreement with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $125,400.00 Attachments: Tarrant County Bid No. 2007-161: Annual Janitorial Service Renewal History of Legislative File Version: Date: Acting Body: Action Text: 1 10/21/2008 City Council Title Approval to renew the janitorial services agreement with Member's Building Maintenance LTD, acting as a primary vendor through the Tarrant County Cooperative Purchasing Program, in an amount not to exceed $125,400.00 Explanation Reading and Public Hearing The City of Colleyville currently has a Cooperative Purchasing Agreement with Tarrant County, which allows the City to take advantage of contracts bid by the County. On March 11, 2008, Tarrant County Commissioners Court awarded Bid No. 2007-161 to Member's Building Maintenance LTD, for janitorial services. Acceptance of this bid option through the Cooperative Purchasing Agreement allows the City of Colleyville the same firm, fixed pricing, terms and conditions offered to Tarrant County until September 30, 2009. Member's Building Maintenance has satisfactorily provided janitorial and ancillary maintenance services to City facilities since April 2008. Approval of the resolution extends the Tarrant County Bid 2007-161 until September 2009 with options to renew for three (3) additional one-year periods. In Fiscal Year 2009 (FY 2009), the janitorial services agreement with Member's Building Maintenance LTD will include the Justice Center, City Hall, Colleyville Public Library and Senior Center. Financial Impact It has been determined that funding is available in the FY 2009 Building Services budget. Recommendation Approval City of Colleyville Page 1 Printed on 10/16/2008 l;icy of C~~ ~C 7'~ra5 October 6, 2008 LD Carroll, Vice President Member's Building Maintenance LTD. 201 Main Street #600 Forth Worth, Texas 76102 Building Services Department 100 Main Street Colleyville, Texas 76034 RE: Tarrant County Bid No. 2007-161: Annual Janitorial Service Renewal October 1, 2008 -September 30, 2009 Dear Mr. Carroll: Tarrant County Bid Number 2007-161 authorizes other governmental entities currently participating in Cooperative Purchasing to utilize the approved contract at the same firm fixed pricing and terms and conditions. The City of Colleyville requests utilization of Tarrant County Bid 2007-161. Please sign and date the following statement and return to me at the above address, or FAX to me at 817- 503-1339. Member's Building Maintenance LTD. hereby authorizes the City of Colleyville to utilize Bid No. 2007-161, Annual Contract far Janitorial Services at the same firm fixed pricing and terms and conditions as that offered to Tarrant County. (Signature) (Date) ~. i~. ~~F ~ f l -- ~~~~ ~ - ~~ s ~_:~~~ (Printed name and title) Contact Number: ~f ~~ ~~ °~ ~ ~- If I can be of further assistance, please call me at 817-503-1328. Sincerely, Lin Przybyl, Building Services `''~~~~~ City Hall ,~ ~' ~ City of Colleyville 100 Main Street ' °~, ,} Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Public Works Department Agenda Date: 10/21/2008 Agenda No.: 4d Controlling Body: City Council Final Action: File Name: Approval of the disposal of surplus and obsolete vehicles, equipment and computers Attachments: Itemized List of Auction Items.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/21/2008 City Council Title Approval of the disposal of surplus and obsolete vehicles, equipment and computers Explanation Reading and Public Hearing The purchasing manual adopted September 28, 1993, requires the City Council to designate salvage items or surplus vehicles and equipment before said property can be removed from inventory and disposed of by public auction or other approved means. The attached itemized list of vehicles, equipment and computers, have been replaced due to age, mileage and/or maintenance and are no longer considered serviceable and are recommended for disposal. Vehicles and equipment will be sold at public auction. Computers, monitors and related items will be donated to the Texas Department of Criminal Justice (TDCJ) Wynne Computer Recovery Facility. The public auction is scheduled for November 8, 2008, at Keller Lions Club, 532 Keller Parkway, Keller, Texas. The last auction was conducted in November 2005. Computers will be transferred to the TDCJ as soon as practical. Financial Impact It has been determined that the auction of items will provide revenue for the City of Colleyville. Recommendation Approval City of Colleyville Page 1 Printed on 10/14/2008 ITEMIZED LIST OF AUCTION ITEMS PARKS DEPARTMENT AUCTION ITEMS Vehicle # / Invento # Make Model Justification /Serial No. 536 Jacobsen Golf 84024 No longer in service Cart Serial # 84024-7711 580 Ford Tractor 3930 No longer in service Front-End Serial # BC-91910 Loader SmithCo Electric No longer serviceable Groomer Original Cost Serial# EM349 $500 SmithCo Sandstar No longer serviceable Groomer (Electric) Serial# 31766 (with charger) Toro 216 (Reel M03410 No longer serviceable mower) Serial# MOF925X1704 Ice-o-Matic Ice C-40F-A-P-B No longer serviceable Machine Serial# S212-00925-WE Tono Truck No longer in service Cover Drag Machine No longer in service Attachment Drag Machine Rahm No longer in service Attachment Groomer Serial # 11388 (Toro) Mower Deck No longer in service Attachment Air Compressor PRF5020WK No longer in service Serial # 9802165082 AC Unit HS29-090-34 Serial # 5602E03797 (3) No longer in service Drinking/Water Fountains Square Tables No longer in service (2), shelf, picture frames Pro'ector Screen Da-Cite No Ion er in service Refrigerator No longer in service -Serial # 2610329 3'x 8' Tables (2) No Ion er in service Husky Air WL650702AJ Serial # L4-21-03-00079 Compressor Television WF319E Serial # V0743709 Wood Podium Broken (108) (3) Christian Removed from Senior Center property upon Crosses purchase b Cit Surveillance Panasonic No longer in service (111) Video Camera 3180 Serial # 3ZB03868 Hewlett Packard HP Deskjet No longer operational Printer 5650 SN# MY4544Q1 FJ Vehicle # / Inventor # Make Model Justification /Serial No. End Tables (3) Scotts Drop 3000 No longer in service Spreader Chalking Pro Down No longer in service Machine 1999 Snow 1003 No longer in service Cone Machine Serial # SK26421 Metal Bar Stool No Ion er in service Assortment Old dugout shade covers at City Park Fabric Shade Covers 14 Gallon No longer in service Electric Spray Serial # P7362980 Tank HP Printer 2000 C No longer in service (101) Serial # SG01 S36M HP Printer Deskjet 648C No longer in service (102) Serial # TH 15A94J 1 M HP Printer Deskjet 3845 No longer in service (103) Serial # TH46J120HV HP Fax 1010 No longer in service (104) Machine Serial # CN399AJ82B Cell Phones Assortment: 7 No longer in service (105) phones total Serial # 231-09122867 Serial # 23501195170 Serial # 674GUHUB94 Serial # 674GUL-XW05 Serial # 23501595537 Serial # A233WLLA14 Serial # 650CPJL2735 Office Phones Assortment: 6 No longer in service (106) phones total Serial # 96140022612 Serial # OOR146066086 Serial # 000037560 Serial # 000576570 Serial # 000037564 Serial # 000037604 Atec Battery 10 amp No longer in service (107) Char er Serial # E1A-413810 Okidata Printer Microline 320 No longer in service (109) Serial # 408D126900 Office phone HSB 343-1 No longer in service (110) headset Serial # 23790-02 Computer tower No longer in service (122) Serial # C1301 IBM Personal Model: 350- No longer in service (123) Computer P75 Serial # 23PKKW9 Vehicle # / Inventor # Make Model Justification /Serial No. Ricoh Fax Model: No longer in service (124) Machine NCUAA-200 Serial # ISONPCBOFNCU Alpha Monitor 13" No longer in service (125) Micros stems Serial # PDB00065-01 4086 Smith Corona 350DLE No longer in service Type Writer 4107 Hewlett Packard 920 No longer in service Fax Machine Serial # MY01TE21V3 4192 Lexmark Printer 4098-011 No Ion er in service Hewlett Packard 4400 No longer in service Scanner Serial # CN1 B78CIS2 American Power 09409394497 No longer in service Conversion 8 Serial # 094093944978 Powercell Hewlett Packard 870CSE No longer in service Printer Serial # SG7781 K2GR Song Star S-1 No longer in service Karoke Machine Serial # 3070013918 Cyber Power Power 99 No longer in service Powerstrip Serial # 3850012584 Box 2 paper cutters, No longer in service 3 file/paper holders, 2 CD Box Holders Box 2 file card No longer in service boxes, 1 pencil sharpener, bag of cords, 3 computer mouses, 1 computer internt-source, 1 calculator, 16 ink cartridges, letters for si na e Box Software No longer in service manuals, computer CDs, CD Software ames (10) Altman Par 56 No longer in use at Senior Center Lighting System Spot/Flood Li ht Vehicle # / Invento # Make Model Justification /Serial No. Spot Li ht No Ion er in use at Senior Center Concourse Treadmill 21-17B07 No longer in use at Senior Center Serial # 1707001984 (5) Bookshelves No longer in use at Senior Center John Deere 20 Gal Electric S ra er No longer in service Serial # M025GAA03881 FIRE DEPARTMENT AUCTION ITEMS: Vehicle # / Invento # Make Model Justification /Serial No. GX140 Honda fan CFD# 3084 S# 2581450 Cutters Ed a saw CFD# 0100 S# 8130013 Stihl chain saw model 036 S# 244087971 Homatro cutter S# 8072 Two sticks of hard suction hose (on shelf in burn barn) Misc. bunker gear and boots Safewa cord reel 10 ft. attic ladder S# 376937 Ma navox tv/vcr CFD# 3240 Brother fax machine model 1270 S# u60302k6k047457 GX140 Honda fan S# 2337480 Philco tv S#43557681 Box of VCRs HP printer/scanner S# m 541cb430 Ferno stair chair S# 105504 Ferno cot Ma to d er S# 10560563zu Large & small Holmatro h draulic spreaders Piston Intake 2 - 6" Hard Suctions S uat Machine Le Extension Machine Fire Hose: 3 -Sections of 1.75" hose 9 -Sections of 2" hose 2 -Sections of 2.5" hose 4 -Sections of 3" hose Vehicle # / Inventor # Make Model Justification /Serial No. Self Contained Breathin Apparatus: MSA Brand SCBA with Serial Numbers: 18 -MSA M-20228100 19 -MSA M-20228101 20 -MSA M-20233039 21 -MSA M-20233040 22 -MSA M-20269377 23 -MSA M-ZP281202 24 -MSA M-ZP030165 25 -MSA M-ZP281048 26 -MSA M-ZP264323 27 -MSA M-ZP281293 28 -MSA ZQ304128 29 -MSA ZQ294096 30 -MSA ZQ304127 31 -MSA ZQ304122 32 -MSA ZQ294088 33 -MSA ZT112136 37 -MSA ZV141166 38 -MSA ZV134251 Furniture 11 -File Cabinets 4 -Office Chairs 12 -Conference table chairs 3 -Bookshelves 3 - Stora a cabinets 5 -Office desks Dining table with 4 chairs 3 -Recliners 4 -Twin bed frames with mattresses 19" Com uter monitor Air Compressor GE Washin Machine Samsun 27" TV Dry erase board 4 -End tables 8' Foldin table 4' Foldin table 6 -Wood locker sets 2- Refri erators Large metal storage cabinet PUBLIC WORKS AUCTION ITEMS: VEHICLE # MAKE/MODEL MILEAGE/HOURS VIN 884 2000 Ford F150 165339 VIN: 1 FTZF1722YKB01804 682 1993 Ford F150 147378 VIN: 1 FTDF15Y1 PNA53534 VEHICLE # MAKE/MODEL MILEAGE/HOURS VIN 185 2000 Ford Crown Vic. 110748 VIN: 2FAFP71 W61 X130035 458 1995 Ford Crown Vic. 137601 VIN: 2FALP71 W3SX171713 187 2002 Ford Crown Vic. 106926 VIN: 2FAFP71 W32X143309 881 1989 Chevy 1500 Truck 104193 VIN: 1 GCDC14Z2LE107680 179 2000 Ford Crown Vic. 102983 VIN: 2FAFP71 W4YX172214 186 2002 Ford Crown Vic. 112850 VIN: 2FAFP71 W12X143308 982 1991 Ford F150 Truck 108091 VIN: 1 FTEF15N5MKA73115 660 1993 555D Ford Backhoe 4121 VIN: A419516 167 1997 Ford Crown Vic. 143641 VIN: 2FALP71 WXVX142469 181 2000 Ford Crown Vic. 138457 VIN: 2 FAF P71 W4YX 166963 1101 2005 Ford Crown Vic. 39473 VIN: 2FAFP71 W26X107245 Vehicle totaled 178 1999 Ford Crown Vic. 90141 VIN: 2FAFP71 WOXX243147 183 2000 Ford Crown Vic. 100437 VIN: 2FAFP71 W21 X130033 177 1999 Ford Crown Vic. 91481 VIN: 2FAFP71 W2XX243148 811 1997 Ford F150 Truck 94435 VIN: 1 FTDF1724VNC68816 416 1992 Ford F150 Truck 91625 VIN: 1 FTDF15Y5NLA54159 STREET DEPARTMENT AUCTION ITEMS: Vehicle # / Inventor # Make Model Serial Number M600 Ea er Beaver Au er 1994 - 135232 9401182D N/A 5 Gallon Air Compressor 1980 - 3Z869A1 07273L-434873 M600 Magnum Kohler 8 Street Saw 1988 - 4152250 2301100907 M600 Red Max/ Weed Eater 1993 - N/A N/A M600 Red Max Stick Ed er 1993 - HE 2063 70111985 M600 Ariens Push Mower 1997 - 911084 000216 M600 STIHL Weed Eater 1997 - FS 88 Chip Seal S reader 1988 - A1989178 N/A N/A Crack Seal Rack and Tanks 1980 - 650353-5 N/A N/A Gerber Si n Machine 1994 - LC7 427.112 N/A Eltech School Zone Traffic Light Controllers 1995 - H0584658 J0379141 Vehicle # / Inventor # Make Model Serial Number M600 Briggs & Stratton Sidewalk Ed er 1995 - 91212 95030203 673 Target Pro 65 Saw 1994 - VG4D1 93111617 CITY MANAGERS OFFICE AUCTION ITEMS: Vehicle /Invento Serial No. Make Model FAX MACHINE - C39301001W131503149 CZYK028627 EPSON St lus Photo 1280 COPIER MACHINE - HO190600188 AFICIO Aficio Color 3006 SCANNER- CN08H2O223 C7690B HEWLETT PACKARD HP Scanjet-53000 HUMAN RESOURCES OFFICE AUCTION ITEMS: Vehicle /Invento Serial No. Make Model FAX MACHINE Brother IntelliFAX 1270e INFORMATION SERVICES DONATION ITEMS: Vehicle /Invento Serial No. Make Model (85) Central Processing Units various manufacturers (27) Monitors various manufactures (12 Printers various manufacturers 1 Fax Machine eneric manufacturer (1) Copier Canon COLLEYVILLE CENTER AUCTION ITEMS: 1 -Oklahoma Sound Podium 1 -Hoover Commercial Vacuum 1 -Kirchner Electric Pressure Washer 1 -Hawk Electric High- S eed Buffer 2 -cases of ceilin tiles 1 - 19" Color TV BUILDING INSPECTIONS AUCTION ITEMS: 1 HP Desk Jet 840C Printer 1 HP Desk Jet 1120 C Printer 1 XEROX Plat Copier 2515 Printer 2 Casio FR-265OA Calculators 1 HP Fax # 1240 fax machine 1 PANASONIC # KXFL511 fax machine ~:il} r„ City of Colleyville 100 Main Street ` ~ Colleyville, Texas 76034 ~~~~~~~" Agenda Briefing 817.503.1000 vvww. co 1 1 eyv i l l e. co m File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Library Agenda Date: 10/21/2008 Agenda No.: 4e Controlling Body: City Council Final Action: File Name: Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $130,000.00 Attachments: Financial Status of Voluntary Library Fund at 9-30-2008 History of Legislative File Version: Date: Acting Body: Action Text: 10/21/2008 City Council Title Approval of the use of the Voluntary Library Fund, for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $130,000.00 Explanation Reading and Public Hearing Resolution R-03-2237 provides for the Voluntary Library Fund to be used for the purpose of the development and improvement of library programs and services and for approved library programs and capital items, including collection development (books and other materials). The Fiscal Year 2009 (FY2009) Colleyville Public Library budget includes use of the Voluntary Library Fund monies for the purchase of collection materials, collection processing supplies and library programs. On October 13, 2008, the Colleyville Library Board unanimously approved the use of the Voluntary Library Fund for the purchase of library collection materials, collection processing supplies and library programs, in an amount not to exceed $130,000.00. Financial Impact It has been determined that funds are available in the Voluntary Library Fund. As of September 30, 2008, the Voluntary Library Fund balance is $261,901.00. Recommendation Approval City of Colleyville Page 1 Printed on 10/14/2008 FINANCIAL STATUS OF VOLUNTARY LIBRARY FUND AT 9-30-2008 FUND BALANCE AT 9-30-2007: FY 2008 REVENUE Donations: PROJECTED ACTUAL October $12,964 $12,964 November $11,600 $11,600 December $12,276 $12,276 January $11,915 $11,915 February $11,799 $11,799 March $12,581 $12,581 April $11,999 $11,999 May $11,366 $11,366 June $11,868 $11,868 July $12,382 $12,382 August $12,049 $12,049 September $12,215 $12,215 Total Donations $145,014 $145,014 Interest income Received $12,469 $12,469 TOTAL $157,483 $157,483 $385,370 FY 2008 EXPENDITURES RECOMMENDED APPROVED EXPENDED (BOARD) (COUNCIL) ------- ------- ------- ------- ------- ------- BOOKS AND PROCESSING MATERIALS FY 07 BALANCE OF AUTHORIZATION $154,952 $154,952 $148,990 FY 08 AUTHORIZATION $126,000 $126,000 $0 TOTAL $280,952 $280,952 $148,990 UNENCUMBERED FUND BALANCE AT 9-30-2008 (COUNCIL APPROVED) $261,902 PROJECTED FUND BALANCE AT 9-30-2008 $261,901 } ~ r, ~~~.~~ City ~f Co~~eyvi~~e 100 Main Street ~ ,~ ~~ Colleyville, Texas 76034 "`"" Agenda Briefing 817.503.1000 vrww. co 1 1 eyv i l l e. co m File Number: Version: 1 Requester: Engineering Department File Type: Resolution Agenda Date: 10/21/2008 Agenda No.: 4f Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of a waiver of the water well drilling requirements requested by Bluebonnet Hills Funeral Home and Cemetery located at 5725 Colleyville Boulevard Attachments: Bluebonnet Request Letter Location Map.pdf Water Well Regulations History of Legislative File Version: Date: Acting Body: Action Text: 1 10/21/2008 City Council Title Approval of a waiver of the water well drilling requirements requested by Bluebonnet Hills Funeral Home and Cemetery located at 5725 Colleyville Boulevard Explanation Reading and Public Hearing Bluebonnet Hills Funeral Home and Cemetery, located at 5725 Colleyville Boulevard, is requesting a waiver from the City of Colleyville for drilling a Paluxy formation well on their property to a depth of approximately 700 feet. The existing Code of Ordinances currently restricts the depth of a well to 300 feet. This well is intended to supplement three existing wells on site and provide an adequate amount of water for current and future irrigation of the property. Ordinance requirements also prohibit issuance of well drilling permits for any sites located within 1000 feet of a City-owned well. However, all remaining municipal water wells in the community were physically abandoned in September 2008. As a result, the applicant's request will have no impact on the ability of the City to supply necessary potable water to residents of the community. Financial Impact It has been determined that there is no financial impact to the City. Recommendation Approval City of Colleyville Page 1 Printed on 10/16/2008 Blue~onnetHills FUNERAL HOIv~ &CEMEI'ERY October 2, 2008 City of Colleyville Attn: Steve Chutchian 100 Main Street Colleyville, TX 76034 Dear Mr. Chutchian, 5725 Colleyville Blvd. Colleyville, Texas 76034 817-498-5894 l am writing you and the City of Colleyville as a formal request to allow Bluebonnet Hills Funeral Home & Memorial Park to install a Paluxy Water Well. This well will be installed on the eastern boundary of our property as highlighted on the survey enclosed. Unfortunately, over the years the three wells that we currently have no longer produce the amount of water needed to irrigate our property. With the installation of the proposed well we feel that it will produce an adequate amount of water for our property for some time into the future. As you all know, Bluebonnet Hills has been here to serve the residents of Colleyville and the surrounding communities for more than fifty years, going from our humble beginning as a country cemetery to the beautiful perpetually cared for memorial park you see today. We have made significant investments in property development, landscaping and maintenance of our property and will continue to do so. These investments have been done to accommodate our families request and to be a positive reflection of City of Colleyville. It is our goal to provide the best possible setting for the thousands of families who have entrusted Bluebonnet Hills Memorial Park to care for their loved ones remains for eternity. For these families our property is a sacred place where they can visit their loved one, remember them, pay tribute to them, and eventually be laid to rest here also. On behalf of the families we serve I come to you and ask for permission install the irrigation well and a variance or exception to have the well drilled at the depth required to get sufficient water to irrigate our entire property. After communication from several people at the city and our well contractor, it is my understanding that the use of all city wells has been discontinued and each one will be eventually capped. Therefore the proposed well will not encroach on any wells in the area. I have attached the site plan for the well and the installation estimate from our contractor. We appreciate your rapid consideration of our request and if you should have any questions, please contact me at 817-498-5894. Sincerely, 1qr my Weaver General Manager/ Director of Operations LOCATION MAP Home and Cemetery 0 160 320 640 Feet Bluebonnet Hills Funeral Water Well Regulations The Colleyville Code of Ordinances, Appendix A -Water and Sewer Policy and Procedure Manual, Section 2, Section P. Water wells. A water well drilling permit is required prior to any private well being drilled. All water well drillers must be licensed as required by the State of Texas. Drilling permits will be issued only if the following conditions exist: 1. Well driller or property owner will provide the city with a plot plan showing all buildings on the property and the purposed [proposed] location of the water well. 2. No water well drilling permits will be issued to drill within 1,000 feet of a city- owned well. 3. Maximum depth of any private well is 300 feet. 4. No well shall be drilled within ten feet of any lot line. 5. All state and federal regulations shall be complied with. fi. The well driller shall provide the city with an affidavit upon completion of the well with the following information: (a) Final depth of well. (b) Type and size of casing. (c) Was the well casing pressure grouted and what was the quantity of grout used. 7. Private well can only be used for irrigation purposes. n ~~~. I ~ -` ~ City of Colleyville 100 Main Street ~~ Colleyville, Texas 76034 r.,::~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Office of the City Manager Agenda Date: 10/21/2008 Agenda No.: 4g Controlling Body: City Council Final Action: File Name: Approval of assignment of economic incentive agreements with Colleyville Cinema Grill IMAX-THEATRE and authorizing the Interim City Manager to execute same Attachments: Colleyville Cinema Grill IMAX-THEATRE correspondence dated October 1, 2008 History of Legislative File Version: Date: Acting Body: Action Text: 1 10/21/2008 City Council Title Approval of assignment of economic incentive agreements with Colleyville Cinema Grill IMAX-THEATRE and authorizing the Interim City Manager to execute same Explanation Reading and Public Hearing On October 2, 2008, the City received the attached letter from Schulman Partners, LTD, requesting the release of the economic incentive funds for the Colleyville Cinema Grill IMAX-THEATRE (formerly the Metro Cinema). The economic incentive agreements established with Melvin and Martindale II, Ltd. will require an assignment establishing Schulman Partners as the benefactors of the incentives. The incentive agreements require the tenant to conduct two fundraising events annually to benefit Colleyville charities, provide to the City, written certification the full grant payment has been expended by the tenant exclusively for promotional expenses, promoting space and operations in various means including direct mail promotions to school district employees for class field trips. Should the annual grant amount not be expended, a prorated payment could be made with written certification of expenses. The total grant amount is $100,000; $25,000 for each of the first three years, $15,000 for the fourth year and $10,000 for the fifth year. Financial Impact It has been determined that funding is available in the Sales Tax Incentive Agreement Fund established for this purpose. City of Colleyville Page 1 Printed on 10/16/2008 Agenda Briefing Continued Recommendation Approval City of Colleyville Page 2 Printed on 10/16/2008 Colleyville Cinema Grill IMAX-THEATRE October 1, 2008 Mayor David Kelly 100 Main Street Colleyville, Texas 76034 ScHU~.MAN PARTNERS, L,TD Dear Mayor, Now that the summer is behind us and we have completed the first 45 days of operations combined with receiving the TABC license permitting the sale of alcoholic beverages. We are prepared to move forward full throttle with our marketing and promotional plans for the facility. When we last met on August 12, 2008 for lunch with ANBSA Senior Lending Office Dan Trollinger, City Manager Bill Lindley, and the city attorney we discussed the timing for requesting the reserved economic incentive funds the city had on account regarding the facility for 2007 and upcoming allotment in October for 2008 totaling approximately $ 130,000.00 or $65,000.00 for each year. On behalf of ANBSA, LLC and SP Colleyville, LLC, I am formally requesting the release of those funds to the Colleyville Cinema Grill-IMAX THEATRE and Marquee Dining & Spirits Restaurant. The purpose of these funds will be to continue the marketing and promotional efforts of the facility and to expand its capabilities in offering IMAX Educational Programming, Meeting rooms for business conferencing, Enhance Advertising-Market Exposure and the offering of Alternative Content Programming for the citizens of Colleyville. We are excited about the positive impact this facility will bring to the City of Colleyville and what it means to you and all of its citizens. I want to thank you again for all of your support and help during the reopening and look forward to a successful year. Sincerely, Mark Schulman President, Sp Colleyville, LLC WWW.SCHULMANPARTNERS.COM .~= -~} ~"•~. City Hall (~ ~ City of Colleyville 100 Main Street ~j Colleyville, Texas 76034 ,~,.;:A Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 10/21/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 4h Final Action: Manager File Name: Approval to enter into a mineral gas lease agreement with Titan Operating, L.L.C. Attachments: Titan Operating/Caffey Group correspondence dated August 19, 2008.pdf Chesapeake Energy correspondence dated August 18, 2008.pdf Titan Operating/Caffey Group Oil, Gas and Mineral Lease dated September 24, 2008 History of Legislative File Version: Date: Acting Body: Action Text: 1 10/21/2008 City Council Title Approval to enter into a mineral gas lease agreement with Titan Operating, L.L.C. Explanation Reading and Public Hearing In August 2008, the City requested proposals from four major gas mineral drilling companies regarding leasing of subsurface minerals for approximately 280 acres of City property. Two companies: Titan Operating/Caffey Group and Chesapeake responded to the request. Titan Operating/Caffey Group (attached) provided the best proposal. This resolution seeks approval to enter into the attached lease agreement with Titan Operating L.L.C. This offer is for subsurface minerals only. If accepted, the City would receive approximately $25,000 per acre, 25.5% royalties and $200,000 for City beautification or potential park improvements. Titan Operating/Caffey Group has been working with several Colleyville neighborhood coalitions for mineral rights. Financial Impact It has been determined that if approved the City would earn approximately $25,000 per acre and 25.5% royalties. Recommendation Approval City of Colleyville Page 1 Printed on 10/16/2008 From: Mark Caffey Sent: Tuesday, August 19, 2008 5:51 PM To: Cc: ris ammack; Mark Schumacher; David Kelly; Kelly Cooper; William Lindley Subject: Fw: City of Colleyville Matthew, Here is our proposal on the City of Colleyville properties. We look forward to working with you. Mark Caffey Sent via BlackBerry by AT&T -----Original Message___-- From Date: Tue, 19 Aug 2008 22:31:46 To: Mark Caffey Subject: City of Colleyville Thank you for the opportunity to meet with you and the City of Colleyville group recently As you may be aware Titan Operating/Caffey Group has been very successful in their leasing efforts with CAMRA and has already leased approx 933 acres and approx 1 l00 leases in the Colleyville area. We continue to build on our position with CAMRA, including additional Colleyville residents. On behalf of Titan Operating/Caffey Group we would like to make the following offer to the City of Colleyville for their approx 280 acres, more or less. $25,000 per net mineral acre 25.5% royalty 3 year primary term 2 year option @ $25,000 per net acre As you know this is the identical offer for the CAMRA group. We would also like to offer a Community charitable donation in the amount of a$200,000 to be used for parks and beautification of properties for the City of Colleyville. We hope you consider our offer to work together for all of our futures. Sincerely, Mark Schumacher Chris Hammack Mark Caffey Sent via B1ackBerry by AT&T ,~ August 18, 2008 VIA ELECTRONIC MAIL lindleyw a~,?ci.co(leyville.tx.us Mr. William Lindley Manager The City of Colleyville 100 Main Street Golleyville, Texas 76034 Re' Qil and Gas Lease J. Harrell Survey, A-798 A,J. Lott Survey, A-963 J.N. Gibson Survey, A-591 R. Chowning Survey, A-294 M.W. Davenport Survey, A-432 31.351 acres more ar less Tarrant County, Texas Dear Mr. Lindley: >~s~ ~j Ghesapeake Exploration, L,L.C. ("Chesapeake") is interested in leasing the property described above {"Contract Property°} per the terms reflected below. Subject to Chesapeake's approval and acceptance of title, contracts and documents pertaining to the Contract Property, and the use of a mutually agreeable lease form, Chesapeake hereby offers to lease the City's interests pursuant to the following terms' Tracts 8 & 9 (8.728 acres): • Lease bonus of $7,280 (based on a 510,000 bonus per acre multiplied by 0.728 net mineral acres}; • Royalty of 25%; • A primary term of 3 years with an option to extend the primary term of this lease for are additional period of 2 years from the end of the primary term. Ghesapeake will agree to pay Lessor prior to the end of the primary term the same bonus consideration of $10.000.00 per net mineral acre should the option be exercised years; and • No surface. !~ [. ~~ z,<~,-{;, ~ ~ i~ . .,~v City of Calleyville August 18; 2008 Page 2 of 2 Tracts 2, 4, 5, 6, ~ 7 {30.623 acres): + Lease bonus of $459,345 {based an a $15,000 bonus per acre multiplied by 30.623 net miners! acres}; + Royalty of 25%; + A primary term of 3 years with an aptian to extend the primary term of this lease far an additianal period of 2 years tram the end of the primary term. Chesapeake wil! agree to pay Lessor prier to the end of the primary term the same bonus cansideratian of $15,Ot}0.00 per net miners( acre should the aptian be exercised years; and • No surface. Alsa, please find aftached a map indicating those properties that Chesapeake's offer wil! extend ta. Shauld the foregaing be acceptable, please sign a capy of this letter in the space provided below and return a capy to the undersigned via facsimile at {405} 767-4943 na later than Friday, September 5, 2008 by 5:00 p.m. This after is subject to termination without further notice. Thank you far your time and cansideratian of this request. if you have any questions or require further assistance, please contact the undersigned by phone at (405} 879-3652 ar by electronic mail at mreser a~chkenergy.cam. Sincerely, Chesapeake Exploration, l..L.C. Matthew W. Reser Agreed to and accepted this day of . 2008. Name: ~. Title: U,'~Ay 6oct;man`slMy U(x:,~:'Ver:fSir',: ~z1.U5(fiONS+ACTIVe?. P1L~S;Ci:/ of f;olleve9VetCity c' Col;eYviae U"ti' i.!r o00 ___ __ __ ~~~$;Y .. c "xSxx.w. e$~x.~3Y~~a "gx x Zexsi vn ~ #~ ,. 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Jt r1 ~ i~j i t y ' Z ~'~ ;~ ,~ ,~ .~'~J °" , a ,r 4 '. t ~ f ~~ b ( ~ 1 '~ E ;.~ ~s„~ 7,~ ~ ~` ~ a ~:~,~~[.~ to 3 f t ~'.' ~ l r-r' -1~~'A! tc ~ ~'zX °si i~ s ~~.'''~ ~.'d t ~ ~ ,,} :~ ~~~F ~ b ~ S'~z:' i ~ ~# y 1t ,W 4+~df~ } I~` ~'W .C~` .,i ~%! r L~ ~_ ~ , r *~• -A _ 1 ~ i .. , ~ }~ t. ~~ffi ' i ~ '~`rE.r , ~ ~~i L-a~'C ~ i"~~ r ui'~ z ~ r, ,r i ..~.. r ~~~ ?,/ t r ; ~. ~ ~ a~ w ~s w ~~. ` ~ j . S t ~j t~ 1~ ~ y: ~ar } t S ``fY ~' ~ r,, ~ ~ ~ , 3 ` # ~ u f ~, },~ ~ ` {i ~~~ ~ M ~, : ~ J `1r ~ y +~ ~~. September 24, 2008 RE: Oil, Gas and Mineral Lease The Caffey Group, L.L.C., is actively acquiring oil and gas leases in your area to develop the Barnett Shale formation. We have acquired a drill site from which can be drilled horizontally beneath the surface of the ground so that you can profit from the development of the gas reserves underneath your property. The Caffey Group, L.L.C. would like to inform you of the opportunity that is available to yourself to be included in a gas unit. As you may be well aware, it is not necessary to have a large amount of acreage to profit from a gas unit nor is it necessary to drill on the surface of your property. It is possible to produce the gas reserves under your property by drilling horizontally from an offsite location, which could be up to 4,000 feet or more away from your property. The Caffey Group, L.L.C. proposes to acquire aNon-Surface use Oil, Gas and Mineral Lease on your tract situated in the City of Colleyville, Grapevine, Southlake, or Keller lying within the limits of Tarrant County, Texas, under the following terms: 1. Lease Bonus payment of twenty-five thousand dollars ($25,000) per net mineral acre. 2. Primary Term: Three (3) Years. 3. Option: Two (2) years for twenty-five thousand dollars ($25,000) per net mineral acre. 4. Royalty on production will be twenty-five and a half percent (25.5%) of the net mineral interest owned by Lessor in the gas unit. 5. This is our highest offer; due to our Most Favored Nations Status clause in the lease. Please refer to the enclosed copy of our lease for the CAMItA area. If you have any questions or are ready to sign a lease you may call to schedule a consultation with me. I can create a personalized version of your lease and will assist you in the signing process to ensure accuracy. Please reference the CAMRA Project when you call. Thank you, Jason Cadenhead Petroleum Landman The Caffey Group, LLC Cell: 817-937-2779 Email: jasoncadenhead@caffeygroup.com 309 West 7~h St Suite 1300* Fort Worth, TX. 76102 * Bus; (817) 348-9766 * Fax: (817) 348-9768 Lease ID: rrojcG: CAMM NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS PILED F'OR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. O1L AND GAS LEASE (No Surface Use; Paid Up Lease) This Oil and Gas Lease (this "Lease") is made on 2008 between (hereafter called "Lessor"), whose address is ,and Tltan Operating, LLC, (hereafter called "Lessee"), whose address is 500 Main Street, Suite 910, Fort Worth, Texas, 76102. I. Grant. In consideration of a cash bonus in hand paid, Lcssa• grants and leases exclusively unto Lessee the land described in attached Exhibit A (the "Land") in Tarrant County, Texas, for the sole purpose of exploring, drilling, and producing oil and gas, and to produce, save and transport oil and gas and other products manufactured from oil and gas produced from the Land, but only as from fire depth of ],000 feet below the surface down to 100 feet below the base of the Barnett Shale formation or the stratagraphic equivalent thereof. This Lease also covers and includes any interest which Lessor may own in any street, alley, highway, railroad, canal, river, body of water, contiguous or adjacent to the Land, whether the same be in said survey or surveys or in adjacent surveys, although not included within the boundaries uFthe Land particularly described above. 2. Primary Tcrm. This Lease is For a term of tlu•ee (3) years from this date (called "Primary Tenn") and so long thereafter as oil or gas is produced from the Land or land pooled therewith in paying quantities. Lessee is also hereby given the option, to be exercised prior to the date on which this Lease or any portion thereof would expire in accordance with its terms and provisions of extending this Lease for a period of rivo (2) years as [o all of the Land which would expire unless so extended. The only action required by Lessee to exercise such option is to deliver payment to Lessor, such payment to be post marked by U.S. h4ail on or before the expiration of the Primary Term of this Lease to Lessor's last known mailing address and/or such parties entitled under any change of ownership according to Lessee's records, an additional consideration equal to the orginal cash bonus paid to Lessor as a bonus fm' signing the Lease at such time of extension. 3. Minerals Covered. This Lease covers only oil and gas. 'fhe term "oil and gas" means oil, gas, and other liquid and gaseous hydrocarbons produced through a well bore. All other substances and minerals (including potable water) are excepted from this Lease and reserved to Lessor. 4. Royalty (a) As royalties, Lessee agrees (I) To pay to Lessor, on oil, gas, and other liquid hydrocarbons produced and saved from the Land, 25.5% (the "Royalty Fraction") of the market value at the point of sale of such oil, gas, and other liquid hydrocarbons or at Lessor's option, which may be exercised from time to time, the Royalty Fraction of all oil, gas, and other liquid hydrocarbons produced and saved from the Land shall be delivered free of expense or cost or expense to f.essor at the wells or to the credit of Lessor at the pipeline to which the wells may be connected. (2) To pay to Lessor (i) The Royalty Fraction of all oil (including distillate or condensate and other liquid hydrocarbons) produced and saved from the Land, the same [o be delivered at the well or to the credit of Lessor into the pipeline to which the well or wells may be connected. (ii) The Royalty Fraction of the market value received by Lessee at the point of delivery or first sale of aft gas, including casinghead gas or other gaseous substances, produced from the Land. (iii) The Royalty Fraction of the market value of all plant products (including residue gas), free of any processing cost, where gas is processed in a plalrt on or off the Land by Lessee or any affiliated person or entity, and if processed, but not by Lessee or an affiliated person or entity, the Royalty Fraction of that pact of the gross proceeds, as used herein, sltal] mean the cash value amomtt paid to Lessee by gas purchaser, received by Lessee for the processed gas and products therefrom that are allocable to the production from the Land. (iv) On gas produced from the Land and sold by Lessee or used off the Land and to which the preceding subparagraphs (ii) and (iii) do not apply, the Royalty Fraction of the market value at the point of sale, use or other disposition. (v) On gas produced from the Lend that is processed in a processing plant in which Lessee or an affiliate of Lessee has a direct or indirect interest, the greater of the Royalty Fraction of the market value of the gas at the inlet to the processing plant, or the Royalty Fraction of the market value of al] processed ligrtids saved fi•om the gas at the plant plus the Royalty Fraction of the mu~ket value of all residue gas at the point of sale, use, or other disposition. (vi) On gas produced fi•om the Land that is processed in facilities other than a processing plant in which Lessee or an affiliate of Lessee has a direct or indirect interest, the Royalty Fraction of the market value proceeds at the plant of all processed liquids credited to the account of Lessee and attributable to the gas plus the Royalty Fraction of the gross proceeds of all residue gas at the point of sale, use, or a0ter disposition. (b) T(te market value of gas will be determined at [he specified location by reference to the gross heating value (measured in British Iherrnal units) and quality of the gas. The market value used in the calculation of oil and gas royalty will never be less than the total proceeds received by Lessee in connection with the sale, use, or other disposition of the oil and/or gas produced or sold. For purposes of this paragraph, if Lessee receives fiom a purchaser of ail and/or gas any reimbursement for all or any part of severance or production taxes, or if Lessee realizes proceeds of production offer deduction for any expense of production, gathering, dehydration, separation, compression, transportation, treatment, processing, storage, marketing, or CAMRS/CT Oil and Gas Lease Page 1 MHDocs 1640887_5 10338.1 remediation, then the reimbursement or the deductions will be added to the total proceeds received by Lessee. Royalty will be payable on oil and gas produced from the Land and consumed by Lessee on the Land far compression, dehydration, fuel, or other use. It is agreed between the Lessor and Lessee, that, notwithstanding any language herein to the contrary, all oil, gas or other proceeds accruing to the Lessor under this Lease or by state law shall be without deduction for the cost of producing, gathering, storing, separating, treating, dehydrating, compressing, processing, transporting, and marketing the oil, gas and other products produced hereunder to transform the product into marketable form. Further, in no event shall Lessor receive a price that is less than the price received by Lessee fi•om an arms-length contract with a purchaser that is not an affiliate of Lessee. [t is the specific intent of the parties to this Leasc that this provision is to be treated as enforceable as written and is no[ to be deemed "surplusage" under the principals set forth in Flerirage Resources, Inc. v. Nations Bank, 939 S.W,2d 118 (Tex. 1996). (c) If gas produced from the Land or lands pooled herewith is sold by Lessee pursuant to an arms-length contract with a purchaser that is not an affiliate of Lessee, and the contract provides for net proceeds to be paid to Lcssee that equal or exceed the market value of the gas at the point of delivery to the purchaser, and far a term no longer than that which is usual and customary in [he industry at the time the contract is made, then the mazket value of the gas sold pursuant to the contract shall be the total proceeds received by Lessee in the sale. (d) Lessor shall be paid the Royalty Fraction of all payments and other benefits made under any oil or gas sales contract a• other arrangement, including take-orpay payments and payments received in settlement of disputes; provided that if Lessor receives stake-or-pay payment or similar payment for gas that has not been produced, and if the gas is subsequently produced, Lessor will receive only its Royalty Fraction of the market value of the volume of gas for which payment has not already been made. (e) Lessee must disburse or cause to be disbursed to Lessor its royalty on production fiotn a particular well trot later than one hundred twenty (120) days after completion of the well, in the case of an oil well, or after the pipeline connection, in the case of a gas well. Thereafter, Lessee must disburse or cause to be disbursed to Lessor its royalty on production by the last day of the second month after the month of production. If not paid when due, Lessor's royalty will bear interest at the maximum lawful rate from due date until paid, which atnourr[ Lessee agrees to pay. Acceptance by Lessor of royalties drat are past due will not act as a waiver or estoppel of its right to receive interest due [hereon unless Lessor expressly so provides in writing signed by I..cssor. The royalty payment obligations under this Lease shall no[ be affected by any provisions of the Section 91.402 of the Texas Natural Resources Code or any similar statute. (f) As used in this Leasc, "affiliate" means (i) a corporation, limited liability company, joint venture, partnership, or other entity, or any person or individual, drat owns more than ten (10%) percent of the outstanding voting interest of Lesser or in which Lessee owns more than ten (10%) percent of the outstanding vo[itrg interest; or (ii) a corporation, limited liability company, joint venture, partnership, or other entity in which, together with Lessee, more than ten (]0%) percent of the outstanding voting interests of both Lessee and [he other corporation, limited liability company, joint venture, parttership, or other entity is owned or controlled by the same persons or group of persons. (g) The receipt by Lessee from a purchaser or a pipeline cmnpany of proceeds of production for distribution to Lessor will not result in Lessee acquiring legal or equitable title to those proceeds, but Lessee will a[ all times hold the proceeds in trust for the benefit of Lessor. Notwithstanding the insolvency, bankruptcy, or other business failure of a purchaser of production from the Land or pipeline company transporting production from the Land, Lessee will remain liable for payment to Lessor for and agrees to pay Lessor all royalties due Lessor togedrer with interest if not timely paid. 5. Strut-in Royalty. While there is a gas well on the Land or lands pooled with [he Land capable of producing in paying quantities, but gas is not being sold, at the end of the Primary Term or any time thereafter, Lessee shall pay or tender in advance an annual shut-in royalty of $250 per net mineral acre. Payment with respect to a well will be due within ninety (90) days after the well is strut-in. While shut-in royalty payments are timely and properly paid, this Lease will be held as a producing lease. The obligation of Lessee to pay strut-in royalty is a condition and not a covenant. The payment or tender of royalty under this paragraph may be made by the check of Lessee mailed or delivered to the patties entitled thereto on or before the due date. Shut-in royalty payments will be considered mailed or delivered to the Lessor when deposited with the U.S. Post Office at ilre Lessor's last known address. Lessee may exercise its right to make shut-in royalty payments as provided for herein fiorn lime to time; however, this Lease may be maintained by such shut-in payments only if Lessee is exercising reasonable, bona fide diligence and best efforts in attempting to produce, market and sell gas hereunder. Notwithstanding anything herein to the contrary, this Lease shall not be maintained by shut-in royalty payments for periods totaling more [Iran twelve (12) consecutive months or two (2) years in the aggregate. 6. Continuous Development (a) lf; within ninety (90) days prior to the expiration of the Primary Term, oil or gas is not being produced from the Land or lands pooled Irerewitlr, but Lessee ]ras commenced the drilling of a well on the Land or lands pooled herewith, the Lease will not terminate but will renraitr in effect for so long thereafter as operations are carried out with due diligence with no cessation of more than ninety (90) days, and if the operations result in the production of oil or gas, the Lease shall remain in force as otherwise provided herein. For the purposes of this Lease, the term "operations" means operations for any of the following: drilling, testing, completing, reworking, recompletitrg, deepening, plugging back, fracing or refracing, or repairing of a well in search for or in the endeavor to obtain production of oil or gas. Further, the term "production" in this Lease means production in paying quantities (meaning [hat amount of production [hat would cause a prudent operator to continue to operate a well for the pwpose of making a profit and not for mere speculation). (b) If flris Lease is maintained beyond the expiration of the Primary Term by production or otherwise, it will remain in force as to all acreage and depths as long as Iher•e is no lapse of more than ninety (90) days between the completion of one (1) well and the commencement of [he actual drilling of another well. The commencement of actual drilling means the penetration of the surface with a drilling rig capable of drilling to the anticipated total depth of the well. After a well is commenced, drilling operations must continue in a good and workmanlike manner in a good faith effort to reach the anticipated total depth with no cessation of operations for more than ninety (90) consecutive days. A wdl shall be deemed to have been completed on the date of the release of the drilling r•ig from the drillsite and any completion operations cease. The permitted time between wells shall be cumulative so that if a well is commenced prior to the date it is required to be commenced, the number of days prior to the date on which [he well should have been commenced shall be added to the time permitted fur the next well. (c) Lessee shall use commercially best efforts to develop the Land or lands pooled herewith and drill as many horizontal wells as is the lesser in density (i.e. the lesser number of wells) of (i) that which is reasotrably practicable in accordance with good oilfield practices and taking into account all geological and geophysical information known to Lessee, or (ii) one well per forty (40) acres of land in the pooled unit. Further, each drillsite should be located in such a manner as CAMRA/CT Oil and Gas Lease Page 2 MHDocs 1640887_5 10338.1 reasonably practical and possib]e, to facilitate the drilling of as many wells as possible from such drillsite in order to minimize [he number of drillsites on lands pooled herewith. 7. Pooling. Lessee shall have the right [o pool all of the Land or interest therein with any other lands or interests, as to any or all depths or zones, and as to any or all substances covered by this lease, either before or after the commencement of production, whenever Lessee deems it necessary or proper to do so in order to prudently develop or operate the Land, whether or not similar pooling authority exists with respect to such other lands or interests. The unit formed by such pooling for an oil well which is not a horizontal completion shall not exceed forty (40) acres plus a maximum acreage tolerance of ten (10%) percent, and for a gas well or a horizontal completion shall not exceed six-hundred fa'ty (640) acres plus a maximum acreage tolerance of ten (10%) percent; provided that a larger unit may be formed for an oil well or gas well or horizontal completion to conform to any well spacing or density pattern that may be prescribed or permitted by any govenunental authority having jurisdiction to do so. For [he purpose of the foregoing, the terms "oil well" and "gas welt" shall have the meanings prescribed by applicable law or the appropriate governmental authority, or, if no definition is so prescribed, "oil well" means a well with an initial gas-oil ratio of less than 100,000 cubic feet per barrel and "gas well" means a well with an initial gas- oil ratio of 100,000 cubic feet or more per barrel, based on twenty-Four (24) hour production test conducted under normal producing conditions using standard ]ease separator facilities or equivalent testing equipment; and the terra "horizontal completion" [Weans an oil or gas wet] in which the horizontal component of [he gt'oss completion interval in the reservoir exceeds the vertical component thereof. In exercising its pooling rights hereunder, Lessee shall file of record a written declaration describing the unit and stating the effective date of pooling. Production, drilling or reworking operations anywhere on a unit which includes all or any pact of the Land shall be treated as if it were production, drilling or reworking operations on the Land, except that the production on which Lessor's royalty is calculated shall be [hat proportion of the total unit production which the net acreage covered by this Lease and included in the unit bears to the total gross acreage in the unit, but only to the extent such proportion of unit production is sold by Lessee. Pooling in one or more instances shall [tot exhaust Lessee's pooling rights hereunder, and Lessee shall have the recurring right but not the obligation to revise any unit farmed hereunder by expansion or contraction or both, either before or after commencement of production, in order to conform to [he well spacing or density pattern prescribed or permitted by the governmental authority having jurisdiction, or to conform to any productive acreage determination made by such governmental authority. Further, in making such a revision, Lessee shall file of record a written declaration describing the revised unit attd stating the effective date of revision. To [Ile extent any portion of the Land is included in or excluded from the unit by virtue of such revision, the propmtion of unit production on which royalties are payable hereunder shall thereafter be adjusted accordingly, In the absence of production in paying quantities from a unit, or upon permanent cessation thereof, Lessee may terminate the unit by filing of r'ecor'd a written declaration describing the unit and stating the date of termination. Pooling hereunder shall not constitute across-conveyance of interests. The pooled unit will become effective when Lessee tiles in the Real Property Records of the county where the Land is located a document describing the pooled acreage and depths for the pooled unit. Lessee may at its election exercise its pooling option before or after commencing operations. Operatimts for drilling on or production of oil or gas from any part of a pooled unit that includes the Land covered by this Lease shall be considered as operations on or production of oil or gas From the portion of the Land included in the pooled utti[. There shell be allocated to the Land included in the pooled unit that prorated portion of the oil and gas, or either of them, produced from the pooled unit that the number of mineral acres of the Land included in the unit beat's to the total number of mineral acres included in the unit. Royalties shall be computed on the potion of production allocated to the Land. No part of the Land may be included in a pooled unit unless all of the Land is included in said pooled unit. Lessee agrees to use its best efforts to unitize all of the Land in a production or pooling unit. 8. Offset Wells. For purposes of this Lease, an "offsetting well" is a well that is producing oil or gas in commercial quantities Crom adjacent or nearby land not pooled with the Land and is draining the Land. If an offsetting well is completed and the Land is not in a unit with ongoing operations or production, Lessee must, as would a reasonably prudent operator under similar circumstances, within one-hundred twenty (120) days after the date of first sales from the offsetting well, commence operations for the drilling of an offset well on lands pooled herewith and must diligently pursue those operations to the horizon in which the offsetting well is producing. A well producing from a distance three hundred and thirty (330') feet of the L>tnd or lands pooled herewith will be conclusively presumed to be draining the Land, 9. NO SURFACE OPERATIONS. NOTWITHSTANDING ANY LANGUAGE CONTAINED HEREIN TO THE CONTRARY, NO SURFACE RIGHTS ARE BEING GRANTED UNDER THIS LEASE, AND LESSEE HEREBY SHALL NOT HAVE ANY RIGHTS TO USE THE SURFACE OF THE LEASED PREMISES. ACCORDINGLY, LESSEE SHALL NOT (n CONDUCT ANY SURFACE OPERATIONS WHATSOEVER UPON THE T.AND, (II) PLACE ANY PERSONAL PROPERTY, FIXTURES OR EQUIPMENT UPON THE LAND, OR (III) ENTER UPON THE LANll FOR ANY REASON OR FOR ANY AMOUNT OF TIME; HOWEVER, THIS LIMITATION SHALL NOT AFFECT THE RIGHT OF LESSEE OR ITS SUCCESSORS AND ASSIGNS TO UTILIZE THE SUBSURFACE OF THE LAND OR ENGAGE IN DIRECTIONAL OR HORIZONTAL DRILLING ACTIVITY WHICH COMES UNDER THE LAND AND/OR FROM POOLING IN ACCORDANCE WITH THIS LEASE, AS LONG AS SAID DRILLING ACTIVITY IS AT A DEPTIi SO AS TO NOT INTERFERE WITH OR iN ANY WAY AFFECT THE PRESENT OR FUTURE USE OF THE SURFACE OF THE LAND FOR RESIDENTIAL OR ANY OTHER USE, AND IN NO EVENT MAY THE MINING OR DRILLING ACTIVITY PENETRATE THF, LAND AT A DEPTH OF LESS THAN 1,000 FEET BELOW THE SURFACE, UNLESS WRITTEN CONSENT IS OBTAINED FROM LESSOR. FURTHER, LESSEE WILL MEET ALL CITY ORDINANCES IN THE DRILLING OF WELLS FROM SURFACE LOCATIONS THAT OFFSET THE LAND, BUT IN NO EVENT SHALL A WELL BE LOCATED LESS THAN 1,000 FEET FROM THE LAND W[THOLIT LESSOR'S WRITTEN CONSENT. THIS PROVISION SHALL SURVIVE TERMINATION OF THE LEASE. 10. Assignments. The rights and estate of any patty hereto may be assigned from time to time in whole or in pats end as to any mineral or horizon. Lessee shall notify Lessor in writing of any assignment or sublease of this Lease with the exception of assignments being made to officers, direc[ms, subsidiat•ies of Lessee, Titan Operating, LLC and/or Titan Natural Gas Partrters LLC. Lessee's assignees and sublessees of an interest in this Lease shall be joint and severally liable for all of Lessee's obligations under this Lease. 11. Force Majeure. Should Lessee be wholly prevented by reason of Force Majeure from complying with any express or implied covenant of this Lease (other than a requirement to pay money that has accrued end was due prior to the Force Majeure event), From conducting drilling or reworking operations on lands pooled with the Lattd, then while so prevented, that covenant will be suspended; Lessee will not be liable for damages for failure to comply therewith; this Lease will be extended so long as Lessee is wholly prevented front conducting drilling or reworking operations on or from producing oil or gas from lands pooled with the Land, but in no even[ for more than for two (2) yeazs in the aggregate; and the time while Lessee is so prevented will not be counted against Lessee. "Force Majeure" means any Ac[ of God, riot, war, strike, insurrection, any federal or state law, or any rule or regulation of governmental authority, or other similar cause (other than financial reasons) which is beyond Lessee's control, BUT NOT any lawsuits or legal issues, or Lessee's failure to obtain a necessary permit for its operations from a local, state or federal governing body, or the lack of a suitable market or price for the gas produced from the Land of lands pooled herewith.. Before ilte provisions of this paragraph may be relied upon by Lessee, Lessee must first furnish written notice to CAMRA/CT Oil and Gas Lease Page 3 MHDOCS 1h40R87_S 10338.( Lessor, within a reasonable time after the first day of the provisions hereof are relied upon, of such event, giving the beginning date thereof; and, within a reasonable time after such event eases, notify Lessor of the resumption of activities, and Lessee shall be obligated to seek exceptions from any order, rule, regulation of governmental authority if the facts would raise grounds for seeking exceptions. This paragraph is in all things subject to the limitations of time during which this Lease may be continued in force by the payment of shut-in gas royalties. Further, Lessee shall use due diligence in seeking to resolve and alleviate the Force Majeure emtdition or sihtation. 12. No Warranties. Lessor makes no warranty of any kind, either express or implied, with respect to title to the Lnnd or the minerals subject to this Lease. However, if Lessor owns an interest in the Land or the minerals subject to this Lease Tess than the entire fee simple estate, then fire royalties payable hereunder will be reduced proportionately. By neceptance of this Lease, Lessee acknowledges that it hus been given full opportunity to investigate and has conducted sufficient investigation to satisfy itself as to the title to the Land and the minerals subject to this Lease, and Lessee assumes all risk of title failures, and in connection therewith Lesseo shall have no recourse agninst Lessor, including no right to a refund of file bonus and royalties paid for or under this Lease. Further, in the event Lessor does not own all of the minerals subject to this Lease, Lessee agrees that it will not conduct operations oft the surface of the Lnnd. This provision shall survive termination of the Lease, 13. Notices. All notices will be deemed given and reports will be deemed delivered if sent by certified letter, return receipt requested, properly addressed and deposited in the United States Postal Service, postage prepaid, [o Lessor and Lessee at the addresses shown above. Either party may designate a new address by written notice to the other party. 14. Attorney's Fees. in the event that Lessor or Lessee is required to employ legal counsel for the enforcement of any provision of this Lease and receives a final unappealable judgment, the prevailing patty will be entitled to recover from the other party the reasonable attorney's fees and expenses incurred by said party. 15, Insurance. At all times while this Lease is in force, Lessee shall acquire and maintain appropriate insurance covering all of its activities and operations hereunder, including any work performed on its behalf by contractors, subcontractors, and others. The policies shall include at least the coverage and amounts of coverage (i) required by the city in which the Land is located, and (ii) coverage for comprehensive general liability, for bodily injury and property damage, blowout and loss of well coverage, and coverage for any damage to the environment, including coverage for the cost of clean up and surface remediation, including those set forth below: (a) To protect Lessor against liability, loss or expense arising from damage to property or injury to any person arising out of, in cmmec[ion with or resulting from the exercise of its rights and privileges under this Lease, Lessee agrees during the term of the Lease to carry, at its own expense, with insurance companies authorized to do business in the State of Texas, the following insurance coverages. It is expressly understood and agreed that all such insurance required of Lessec by this Paragraph shall be primary to and non-contributory with other insurance issued directly to Lessor. (1) Workers' Compensation and Employers Liability Insurance with limits of $500,000 to cover attd include any liability (up to the maximum recoverable under applicable statutes) carder or for the workers' compensation laws of the State of Texas, including provisions that claims in rem will be treated as iu personam; (2) Automobile Liability covering all owned, non-owned and leased vehicles with e combined single limit of $1,000,000 for Bodily Injury and Property Damage; (3) Commercial General Liability Insurance, including Contractual Liability, Products- Completed Operations Liability and Personal and Advertisement Liability, with a combined single limit of one million dollars ($1,000,000); (4) Umbrella Liability Insurance with a limit of ten million dollars ($10,000,000) per occurrence, which applies excess of all underlying coverages required in Paragraphs (a)(I), (2) and (3). (5) Pollution and Clean-Up Liability Insurance with a limit of ten million dollars ($10,000,000); and (6) Well Control Insurance with a limit often million dollars ($10,000,000). (b) Upon request, Lessee shall furnish Lessor with Lessee's certificates of insurance evidencing the above-described coverages, which certificate(s) must show the names of all of Lessee's insw~ance companies, all policy numbers, effective and expiration dates of all insurance policies and the required limits. (c) To the extent that any of the insurance requirements of this Section are not evidenced by Lessee's certificates of insurance, Lessee represents and warrants that the requirements arc nonetheless fulfilled by the applicable policies of insurance. (d) All insurance requiremcnts may be met by a combination of self-inswrance, primary and excess policies. Lessee may self insure for up to $ 5,000,000 with respect to the insurance coverage required of Lessee, provided that the tangible nct worth of Lessee is, at all times while self-insurance is in effect, in excess of $ 1,000,000,000. 16. Indemnity. LESSEE AGREES TO INDEMNIFY AND HOLD HARMLESS LESSOR, AND LESSOR'S REPRESENTATIVES, EMPLOYEES, TRUSTEES, VOLUNTEERS, AGENTS, SUCCESSORS, AND ASSIGNS AGAINST ALL EXPENSES, CLAIMS, DEMANDS, LIABILITIES, AND CAUSES OF ACTION OF ANY NATURE, INCLUDING WITHOUT LIMITATION THOSE FOR INJURY TO OR DEATH OF PERSONS AND LOSS OR DAMAGE TO PROPERTY, WHETHER THE CLAIMS ARE BROUGHT OR PURSUED AS CLAIMS OF NEGLIGENCE, BREACH OF CONTRACT, NUISANCE, TORT, STRICT LIABILITY, OR OTHERWISE, AND INCLUllING, WITHOUT LIMITATION, REASONABLE ATTORNEY FEES, EXPERT FEES, AND COURT COSTS, CAUSED BY OR RELATED TO LESSEE'S ACTIVITIES AND OPERATIONS ON THE LAND, OR CLAIMS BROUGHT OR ASSERTED BY PERSONS OR ENTITIES IN CONNECTION WITH LESSEE'S OPERATIONS AND ACTIVITIES, OR LESSEE'S MARKETING OF PRODUCTION FROM THE LAND, OR ANY VIOLATION OF ANY ENVIRONMENTAL REQUIREMENTS BY LESSEE. AS USED 1N THIS PARAGRAPH, THE TERM "LESSEE" INCLUDES LESSEE, ITS AGENTS, EMPLOYEES, SERVANTS, CONTRACTORS, AND ANY OTHER PERSON ACTING UNDER ITS DIRECTION AND CONTROL, AND ITS INDEPENDENT CONTRACTORS. CAMRA/CT Oil and Gas Lease Page 4 MHDocs 1640887 5 10338.1 ADDITIONALLY, UPON RECEIVING ANY NOTICE REGARDING ANY ENVIRONMENTAL, POLLUTION OR CONTAMINATION PROBLEM OR VIOLATION OF ANY LAW, RULE OR REGULATION, LESSEE WILL FORWARD A COPY OF SAME TO LESSOR BY CERTIFIED MAIL WITHIN THIRTY (30) DAYS. AS USED IN THIS PARAGRAPII, TIIE TERM "LAND" INCLUDES THE LAND COVERED BY THIS LEASE OR ANY LANDS POOLED THEREWITH. LESSEE'S INDEMNITY OBLIGATIONS SURVIVE THE TERMINATION OF THIS LEASE. 17. Payment of Royalties. The rights of Lessor under this Lease shall be in addition to, and not in lieu of, all rights Lessor may have as to payment of royalty under Texas law, including, without limitation, V.T.C.A. NATURAL RESOURCES CODE §§ 91.401 through 91.405. 18. Inspection of Lessee's Records. Upon written request acrd at Lessor's sole cost and expense, Lessor and/or Lessor's representatives shall have the right [o inspect all lease and title records and well records (including without limitation al] drilling reports, electrical logs, core samples and formation test results) of Lessee relating to this Lease, operations conducted on or in connection with this Lease or lands pooled herein, and the sale and marketing of production from the Lease, including contracts for the sale of any production from the Lease, and the payment of royalties, including the right to audit Lessee's books insofar as they relate to the foregoing. Suclt inspection shall be limited to an annual basis only and dwing Lessee's normal business hours. 19. implied Covenants. Nothing in this Lease negates [he implied covenants imposed upon Lessee under applicable law. 20. Waiver of City Ordinances. By entering into this Lease, Lessor is expressly not and does not waive or release any rights Lessor has or may have in connection with any application or submission by Lessee for a variance or change in any of the applicable city ordinances, rules, or regulations. 21. Division Orders. If Lessee shall require the execution of a division order for payment of royalty payable under this lease, then such form shall be in compliance with Section 91.402(d), of the Texas Natural Resources Cade as amended from time to time. Transfer orders, if required, shall be solely for the pwpose of confirming the interest transferred by Lessor. [t is agreed that neither the Lease nor any of its terms or provisions shall be altered, amended, extended or ratified by any division order or transfer order executed by Lessor, Lessor's successor's, agents or assigns. Lessor's royalty payment shall include such inforrttation as the rncf and mmbtu produced, and the volume and location of all fuel or volume reductions to Lessor's share, as is standard in the industry. Failw'e to do so maybe considered bad faith under this business endeavor. 22. Compliance With Governing Law. Lessee will conduct all operations under this Lease and/or on lands pooled herewith in compliance with the current and future rules of the Railroad Commission of Texas, and all federal, state and focal laws, rules, regulations, and ordinances, including without limitation all enviromnental laws, rules, regulations and ordinances. 23. Excess Royalty Payments. Any payment of royalty or Shut-in Royalty hereunder paid to Lessor in excess of the amount actually due to the Lessor shall nevertheless become the property of Lessor if Lessee does not make written request to Lessor for reimbursement within one (1) year from the date that Lessor received the erroneous payment, it being agreed and expressly understood between the parties hereto that Lessor is not the collecting agent for any outer royalty owner under the Land, and a determination of the name, interest ownership aitd whereabouts of any person entitled to any payment whatsoever under the terms hereof shall be the sole responsibility of Lessee. It is further expressly agreed and understood that this provision shall in no way diminish the obligation of Lessee to make full and punctual payments of all amounts due [o Lessor or to any other person under the terms and provisions of this Lease. If Lessee provides proper and timely notice to Lessor of any overpayments made to Lessor, such overpayments shall only be made up by Lessee against future royalty payments to Lessee not to exceed more than twenty-five percent (25%) of any monthly royalty payment due Lessor. Should such monthly royalty payments cease under this Lease prior to Lessee recouping any such overpayments out of a portion of Lessor's monthly royalty, Lessee shall absorb such loss in its entirety without any liability to or reimbursement from Lessor. 24. Most Favored Nation Status. If wi[Itin six (6) months from the date of this Lease, Lessee (or its assigns or successor) enters into an oil and gas lease (the "Other Lease") covering lands located in the confines and areas comprising the Colleyville Area Mineral Rights Association ("CAMRA"), as shown on the plat attached hereto as Exhibit B, providing for a per acre lease bonus or royalty in an amount greater than is provided for in this Leese, then Lessee shall pay to Lessor, as additional bonus for this Lease, an amount equal to the difference, on a per-acre basis, between the amount of lease bonus paid Lessor For this Lease and the greater amount paid per acre for the Other Lease, and amend this Lease to provide for Lessor to be paid the greater royalty interest provided for in the Other Lease. For the purposes of this provision, "bonus" shall be deemed to include any cash consideration paid to a lessor, however characterized, or any benefit provided that lessor by the lessee, and "royalty" shall be deemed to include any and all interests in production, however called or characterized in the Other Lease. 25. Depth Severance. At the ertd of the primary term of this Lease, or any extension thereof, this Lease shall terminate as to all depths lying one hundred feet (100') below the stratigraphic equivalent of the deepest formation from which any well cornmenced in the primary term or any extension thereof is drilled and completed as a well capable of commercial production in paying quantities on any lands pooled with the Land. 26. Damages. Should Lessor or tenants on the Land suffer any loss or damage as a result of the operations of Lessee under the terms of this Lease, Lessee agrees to pay Lessor or tenants the actual amount of their loss or damage. 27. Release. In the event this Lease terminates for any reason as to all or any part of the Land, Lessee shall, within sixty (60) days thereafter, deliver to Lessor a recordable release covering all of the Land or that portion of the Land as to which this Lease terminated. 28. Subordination/Non-distm'bance. Notwithstanding anything contained herein to the contrary, neither Lessee nor Lessee's assigns shall ever require a subordination, partial release of lien, release of lien, consent or other documentation Crom any lender of Lessor that has a lien on said land, as a condition to Lessor receiving the agreed signing bonus or any subsequent royalty payment, unless the lienholder has defaulted on the obligation secured by such lien. If Lessor has defaulted on a lien on said laird, Lessee may at its option hold all royalty payments related to the Land in suspense until the default is cured or the lienholder has provided written authorization to release the suspensed royalties to the Lessor. If a subordination or non- disturbance agreement is needed from any lienholder for Lessee's operations hereunder, Lessee will pay all costs and expenses related thereto. 29. Environmental and Operational Provisions. CAMRA/CT Oil and Gas Lease Page 5 MHDocs (640887_5 10338.1 (a) General Urban Constraints. Lessee's operations are being conducted in or near an urban residential area. Therefore, with regard to any well drilled within 1,000 feet of said Land, Lessee shall: (1) Equip any and all compressors, machinery and drilling equipment with the latest technology in noise suppression, muffling devices and pollution constraints, including for the suppression of dust, vibration, noxious odors, airborne pollutants and harmful fmnes; (2) Use low-sulfur diesel fuel for all diesel engines or other comparable fuel; (3) Employ and use a Drilling Rig that minimizes noise or other technologically advanced drilling rig; (4) Maintain noise levels associated wi[It Lessee's operations related to the drilling, completion and reworking of wells, and any production therefrom, within the requirements of the current artd future city ordinances and to a reasonable minimum, taking into consideration the equipment and technology used in best practices in the local oil and gas industry, and the level and nature of development and surface use elsewhere in the vicinity of Lessee's drill sites; (5) Provide fencing around the drillsite tract in order to reasonably and effectively prevent the migration of vermin and small animals to the adjacent properties and lands; (6) Control any exhaust from an internal combustion engine or compressor, stationary or mounted on wheels, through the utilization of a "hospital" grade muffler or equivalent control device; (7) Restrict all workover operations to daytime hours. "Workover operations" shall mean work performed in a well after its completion in an effort to secure production where there has been none, restore production that has ceased or increase production; (8) Use a closed loop mud system for any operations or fi•acjob; (9) Limit the location of any compression equipment on the drillsite to such equipment necessary to Uansport or produce gas produced from Lessor's Land or lands pooled therewith. Any compression equipment shall be installed to meet ambient noise levels at the pad boundary. This Lease dots not convey any rights to Lessee to install or operate any compression equipment for handling third patTy gas. Lessee shall use its best efforts to not locate any compressors on lands located within one (l) mile oftlte Land; (]0) Use watering, wetting or other methods or materials to control dust on arty private access roads; (I1) Not travel upon or use in any way or manner (including the parking of any vehicles) any of the inner-residential sheets of Lessor's subdivision or neighborhood containing said Land for any of Lessee's operations. No vehicle of any size which transports inflammatory or explosive cargo may enter into an inner-residential street, subdivision or neighborhood at any time. Lessee shall no[ use any property in Lessor's subdivision or neighborhood for the dumping of trash or other waste. Lessee shall keep all neighborhood streets reasonably free of debris from Lessee's operations; (12) As to any oil or gas wells drilled by Lessee, Lessee shall comply with the surface casing requirements imposed by the State of Texas artd the local municipality for groundwater protection and Lessee shall install such surface casing in the required manner in order to insure the protection of all fresh water bearing formations under the Land. Further, Lessee agrees to conduct wafer quality testing if existing water wells at or near the drill site are accessible for testing, as follows: (i) an initial baseline water quality test to be conducted no more than sixty (60) days before Lessee commences actual drilling for the first well from Lessee's drill site located on lands [o be pooled with the Land, and (ii) re-testing one year following completion of the first well, and (iii) repeat testing every three years thereafter, as long as this Lease remains in effect. The testing shall be done by a qualified professional water testing firm and will include, but not be limited to, testing for gas, minerals, metals, volatile organic compounds (VOC's), and semi-volatile organic compounds (SVOCs); (13) While drilling operations are taking place, place lighting directed on the derrick and drill site area for safety reasons, and take all reasonable precautions to the extent possible to avoid directing the lighting onto surrounding neighborhoods and properties; (14) Lessee shall use the highest degree of care and all reasonable safeguards to prevent contamination or pollution of any environmental medium, including soil, surface waters, groundwater, sediments, and surface or subsurface strata, ambient air or any other environmental medium in, on, or under the Land or lands pooled therewith, by any waste, pollutant, or contaminant. Lessee shall not bring or permit to remain on the Land or lands pooled therewith any asbestos containing materials, explosives, toxic materials, or substances regulated as hazardous wastes, hazardous materials, hazardous substances (as the term "Hazardous Substance" is defined in the Comprehensive Environmental Response Compensation and Liability Act (CERCLA), 42 U.S. C. Sections 9601, et seq.) or toxic substances under any federal, state or local law or regulation ("Hazardous Materials"), except ordinary products commonly and necessarily used in connection with oil and gas exploration and development operations and stored in the usual manner and quantities. LESSEE'S VIOLATION OF THE FOREGOING PROHIBITION SHALL CONSTITUTE A MATERIAL BREACH AND DEFAULT HEREUNDER AND LESSEE SHALL INDEMNITY, HOLD HARMLESS AND DEFEND LESSOR, ITS AGENTS, EMPLOYEES, TENANT'S, GUESTS, INVITEES AND TIIEH2 RESPECTIVE SUCCESSORS AND ASSIGNS FROM AND AGAINST ANY CLAIMS, DAMAGES, JUDGMENTS, PENALTIES, LIABILITIES, AND COSTS (INCLUDING REASONABLE ATTORNEYS FEES AND COURT COSTS) CAUSED BY OR ARISING OUT OF (1) A VIOLATION OF THE FOREGOING PROHIBITION OR (2) THE PRESENCE, RELEASE OR DISPOSAL OF ANY HAZARDOUS MATERIALS ON, UNDER OR ABOUT SAID LAND OR LANDS POOLED THEREWITH DURING LESSEE'S OCCUPANCY OR CONTROL OF SAME, LESSEE SHALL CLEAN UP, REMOVE, REMEDY, AND REPAHt ANY SOIL OR GROUND WATER CONTAMINATION AND DAMAGE CAUSED BY THE PRESENCE OR RELEASE OF ANY HAZARDOUS MATERIALS IN, ON, UNDER OR ABOUT SAID LAND OR LANDS POOLED THEREWITH DURING LESSEE'S OCCUPANCY OF SAME IN CONFORMANCE WITH THE REQUIREMENTS OF APPLICABLE LAW. THIS INDEMNIFICATION AND ASSUMPTION SHALL APPLY, BUT IS NOT LIMITED TO, LIABILITY FOR RESPONSE ACTIONS UNDERTAKEN PURSUANT TO CERCLA OR ANY OTHER ENVIRONMENTAL LAW OR REGULATION. LESSEE SHALL IMMEDIATELY GIVE LESSOR WRITTEN NOTICE OF ANY BREACH OR SUSPECTED BREACH OF THIS PARAGRAPH, UPON LEARNING OF THE PRESENCE OF ANY HAZARDOUS MATERIALS, OR UPON RECEIVING A NOTICE PERTAINING TO HAZARDOUS MATERIALS WHICH MAY AFFECT SAID LAND OR LANDS POOLED THEREWITI. THE OBLIGATIONS OF LESSEE HEREUNDER SHALL SURVIVE THE EXPIRATION OR EARLIER TERMINATION FOR ANY REASON, OF THIS LEASE. CAIv1RA/CT Oil and Gas Lease Page 6 MHDocs (640887_5 10338.1 (b) [n the event Lessor has complaints regarding non-compliance to provisions in this Section 29, such complaints may be directed to a CAMRA representative for forwarding to Lessee or may contact Lesscc directly, and Lessee shall make its best effort to resolve the issue upon notification. 30. Remedial Action. Any remedial action or activities required of Lessee under this Lease shall be addressed and the remedial work commenced within a reasonable amount of time under the circumstances, dependent on the nature of the remedial work, and must be diligently pursued until fully performed. 31. Eminent Domain. Lessee, for itself and its successors and assigns, hereby waives any right of eminent domain possessed by Lessee, or any affiliate, assignee or successor of Lessee to acquire any right of way or easement, or make use of any existing right of way or easement, for the transportation of gas, oil or any other substance through, across and/or under the Land. 32. HECI v. Neal Notice. To the extent such knowledge and information is available and material to Lessee so that it would act on its own behalf, Lessee agrees to give notice to Lessor of rite need, if any, [o bring a claim or lawsuit against a third-party who is draining, damaging, overproducing, unlawfully depleting, or otherwise damaging any reservoir underlying the Land, or lands pooled therewith, in a timely fashion so that Lessor may assert Lessor's own claim or lawsuit in a court of appropriatejurisdiction, or before a regulatory agency. Lessee shall give such notice to Lessor within ninety (90) days ofthe date that Lessee becomes aware of the need to assort such claim or lawsuit. in this regard, Lessee acknowledges that Lessee is in a superior position to Lessor with respect to information regarding the geology, operations, production and sale of oil and gas and constituent hydrocarbons from Ure Land and lands adjacent, contiguous or in the vicinity of the Land and particularly with respect to reservoirs not on the Land which may be productive of oil, gas or other hydrocarbons and which underlay the Land. Nothing herein shall preclude Lessor from bringing Lessor's own action but if Lessor does not receive the notice from Lessee as set forth herein, at Lessor's option, Lessee shall always be deemed to be representing Lessor's royalty share and shall pay same to rite Lessor from recoveries or payments to Lessor by virtue or on account of the foregoing. 33. Headings. Paragraph headings are used in this Lease for convenience only and are not to be considered in the interpretation or construction of this Lease. 34. Binding Effect This Lease is binding upon and For the benefit of Lessor, Lessee, and their respective heirs, personal representatives, successors, and assigns. 35. Jw•isdiction end Venue. Jurisdiction and venue for any legal dispute between Lessor end Lessee related in any way to this Lease shall be in the court(s) of competentjurisdiction located in Tan'ant County, Texas. 36. Bankruptcy. if Lessee, or any of Lessee's successors or assigns, shall File for relief at any time under Chapter 7 of the lJnited States bankruptcy statues, then such filing shall result in the automatic, ipso facto termination of this Lease, effective one hundred twenty (120) days before the date of such filing. 37. Encumbrances. This Lease is subject to all licenses, permits, easements, rights of way, surface leases, restrictive covenants, and other contracts of Lessor, or its predecessors in interest, affecting the Land. 38. Release and Discharge. Lessor acknowledges that the tetras of the Lease, this addendum, the amount of the royalty and bonus paid hereunder, and all other terms negotiated with Lessee (herein the "Negotiated Terms") with respect to this Lease, were obtained as a result of negotiations between Lessee and [he group known as CAMRA, which consists of a committee of unpaid volunteers. in consideration of the efforts spent by CAMRA, the committee members, other volunteers and attorneys in negotiating and obtaining the Negotiated Terrns on behalf of Lessor, Lessor and its respective agents, spouses, co-owners, predecessors, parents, subsidiaries, affiliated corporations, or other affiliated entities, successors, partners, principals, assigns, attorneys, servants, agents, employees, heirs, consultants and other representatives, does hereby release and forever discharge CAMRA, the committee members, and any volunteers or attorneys representing CAMRA, fi'orn any and ell claims, demands, obligations, losses, causes of action, costs, expenses, attonrey's fees, and liabilities of any nature whatsoever, whether based on contract, tort, statutory or other legal or equitable theory of recovery, whether known or unknown, past, present, or future, wlticlt Lessor has, Iran had, or claims to have against [he individual committee members, volunteers, or CAMItA which relate to, su'ise from, or are in any manner connected to (i) the Negotiated Terms, (ii) the negotiation of the Negotiated Tertns, (iii), the inclusion and/or omission of any terms within rite Negotiated Terms, (iv) any activity, act or omission in any way related to the Negotiated Terms or the negotiation of the Negotiated Terms or (v) any and all representations made prior, during, and subsequent to Lessor's execution oftlris Lease and Amendment. 39. Tree Will. Be it known that Lessor agrees to sign Chis agreement of its own free will and Lessor was in no way coerced to sign said Lease by Lessee, CAMRA, the committee members, volunteers and/or attorneys associated with CAMRA, or any agent thereof. All proceeds from lire Lease fully remain the property of the Lessor. 40. Lessor Acknowledgement. CAMItA is an all volunteer group of residents and local property owners in the vicinity of the Lend. The group's purpose is to unite in the hopes of negotiating fire best terms possible with respect to an oil and gas lease with Lessee. By signing [his Lease, Lessor acknowledges and stipulates drat Lessor was not obligated to sign this Lease based upon the terms negotiated by CAMItA with Lessee and that Lessor had the right to negotiate its own terms and with any company prior to signing this Lease. Additionally, Lessor acknowledges drat it is Lessor's obligation to investigate this Lease, all negotiated terms, to take such action as necessary to make an informed decision prior to signing this Lease, end that the decision made by Lessor in signing this Lease is made after fully researching this matter independent of any other information provided by CAMRA and/or its committee members, representatives and/or attorneys. Lessor agrees and acknowledges that it is ultimately Lessor's responsibility to (a) determine if Lessor wants to negotiate with Lessee, (b) fully investigate the issues and facts related to signing an oil and gas lease, and (c) determine what terms are acceptable to Lessor to be included in this Lease. 41. Memorandum of Oil and Gas Leaso. Contemporaneously with the execution of this Lease, Lessor and Lessee have executed a Memorandum of Oil and Gas Lease, acrd Lessor acrd Lessee agree that such Memorandum of Oil and Gas Lease, which makes reference to this Lease, will be recorded in the appropriate records of the counties in which said Land is located in lieu of fire recording of this Lease in its entirety. The recording of said Memorandum of Oil and Gas Lease shall be binding upon Lessor and Lessee, and their respective heirs, successors, legal representatives and assigns, the same as if this Lease was filed of record in its complete text. CAIvIRA/CT Oil and Gas Lease Page 7 M11Docs 1640887_5 10338.1 Executed on the date first written above. LESSOR: LESSOR: Name: Name: (Individually and in all Capacities for the above described (Individually and in all Capacities for the above described Lattd) Land) Title: STATE OF TEXAS Title: ACKNOWLEDGEMENTS COUNTY OF TARRANT Before me, [he undersigned authority, on this day personally appeared and known to me to be the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he/she executed the same for the purpose and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this _ day of , 20_ Notary Public, State of Texas My commission expires: STATE OF TEXAS COUNTY OF TARRANT Notary's printed name Before me, the undersigned authority, on this day personally appeared ,known to me to be the person whose name is subscribed to the forgoing instrument, and acknowledged to me that he/she executed the same and for the purpose and consideration therein expressed and in the capacity therein stated. Given under my hand and seal of office this _ day of , 20_ Notary Public, State of Texas My commission expires: CAMRA/CT Oif and Gas Lease MHDocs 1640887_5 1033R.1 Notary's printed name Page 8 IiXHIBIT "A" ATTACHED TO AND MADE PART OF THAT CERTAIN OIL AND GAS LEASE BY AND BETWEEN AS LESSOR AND TITAN OPERATING, LLC, LESSEE LEGAL DESCRIPTION ACRES, MORE OR LESS, PARTICULARLY DESCRIBED AS FOLLOWS: LOT _, BLOCK _~ OF THE , AN ADDITION TO THE CITY OF COLI,EYVILLE, TARRANT COUNTY, TEXAS, ACCORDING TO THE THEREOF RECORDED IN RECORDS, TARRANT COUNTY, TEXAS. MHDocs 1640887_5 10338.1 EXHIBIT "B" ATTACHED TO AND MADE PART OF THAT CERTAIN OIL AND GAS LEASE BY AND BETWEEN _ AS LESSOR AND TITAN OPERATING, LLC, LESSEE. MHDocs 1640887_5 10338.1 ,,, .,, ,~'_ ' :~. . ~ T.:., " City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: 0-08-1698 File Number: 0-08-1698 Version: 1 File Type: Ordinance Agenda Date: 10/21/2008 Requester: Building Inspections Agenda No.: 5a Final Action: File Name: Amendment to the Colleyville Code of Ordinances Chapter 42, Section 42-31(b) Ordinance 0-08-1677 regarding "Prohibition" (e.g. maximum height of weed, grass or uncultivated plants), Case G-08-028 Attachments: Proposed Amendment Exhibit Ordinance 0-08-1677 Ordinance 0-08-1698 Status: Second Reading History of Legislative File Controlling Body: City Council Version: Date: Acting Body: Action Text: 10/07/2008 City Council 10/21/2008 City Council Title Amendment to the Colleyville Code of Ordinances Chapter 42, Section 42-31(b) Ordinance 0-08-1677 regarding "Prohibition" (e.g. maximum height of weed, grass or uncultivated plants), Case G-08-028 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the October 7, 2008 meeting. First Reading and Public Hearing The Code Enforcement Division of the Building Inspections Department is charged with creating and maintaining a safe and healthy environment through the reasonable enforcement of City adopted codes and ordinances. The department encourages voluntary compliance of code violations through community education and by appealing to civic responsibility. The City's requirements for weeds, grass and uncultivated plants were amended by the City Council on May 6, 2008 reducing the height of all uncultivated grasses and weeds from twelve (12) to eight (8) inches for all properties within the City. The focus of the modification was to address fully developed properties in residential and commercial areas. Additionally, the amendments were intended to allow staff to quickly initiate possible nuisance abatement actions, thereby reducing possible frustrations of adjoining property owner's perspective of the length of time involved for the City to ensure the grass is mowed subsequent to the notice of violation. However, since the approval of the amendments in May 2008, staff has recognized that the new eight (8) inch height requirement for grass and weeds on City of Colleyville Page 1 Printed on 10/16/2008 Agenda Briefing Continued (0-08-1698) undeveloped agricultural properties over five (5) acres in size is somewhat excessive. Typically, undeveloped agricultural properties greater than five acres in size have large rocks and other obstacles scattered about the property and have not yet been graded to allow for development, thus making them difficult to mow to a height of eight (8) inches. Therefore, staff is recommending that the City Council amend these regulations by allowing undeveloped agricultural properties five acres in size or larger to maintain weeds and grass to a height of no more than 12 inches. Additionally, staff proposes that vacant lots in residential subdivisions, where less than 80% of the lots contain homes, be allowed to maintain grass and weeds to no more than 12 inches in height. The proposed modifications would not impact vacant or developed commercial properties and developed residential properties, where the current maximum of eight (8) inches in height would remain unchanged. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 10/13/2008 Proposed Amendment Exhibit Section 42-31(b)-4 Existing: In the case of agricultural tracts of five acres or larger, this section will be satisfied if the hay or grass is kept mowed to a height no greater than eight (8) inches for a distance of 100 feet around the entire perimeter of the tract. Section 42-31(b)-4 Proposed: In the case of agricultural tracts that are five acres or larger and undeveloped residential subdivisions containing more than four (4) lots and/or residential subdivisions where public improvements have been approved by the City and more than 20% of all lots approved for residential use are vacant, this section will be satisfied if the hay or grass is kept mowed to a height no greater than twelve (12) inches for a distance of 100 feet around the entire perimeter of the tract. ORDINANCE 0-08-1677 AN ORDINANCE AMENDING CHAPTER 42, SECTION 42-31 (b), ORDINANCE 0-98- 1101, WHICH ESTABLISHES THE CITY'S REQUIREMENTS FOR WEEDS, GRASS AND UNCULTIVATED PLANTS IN THE CITY OF COLLEYVILLE CODE OF ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Colleyville establishes requirements for weeds, grass and uncultivated plants as authorized by Chapter 42, Section 42-31 (b), Ordinance 0-98-1101 and it is desirous to update those requirements; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT from and after the effective date of this Ordinance, Chapter 42 Section 42-31(b) of the City of Colleyville Code of Ordinances shall be revised with the following deletions and additions: Sec. 42-31. Weeds, grass and uncultivated plants. (a) Definition of terms. Parkway means the portion of any street between the roadway and the private property line. (b) Prohibition. (1) Permitting or allowing weeds, grass or any plant that is not cultivated to grow to a height in excess of eight (8) inches upon any property within the corporate limits of the City of Colleyville or to leave weeds, grass or uncultivated plants in excess of. eight (8) inches on such premises after they have been cut is hereby declared to be a nuisance. (2) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville upon which weeds, grass or any plant that is not Ordinance 0-08-'1677 Page 2 of 3 cultivated exceed inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. (3) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville and fails to maintain the parkway adjacent to the property free of weeds, grass or uncultivated plants that exceed eight (8) inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. (4) In the case of agricultural tracts of five acres or larger, this section will be satisfied if the hay or grass is kept mowed to a height no greater than eight (8) inches for a distance of 100 feet around the entire perimeter of the tract. Sec. 3. THAT from and after the effective date of this Ordinance, Chapter 42 Section 42-31(b) of the City of Colleyville Code of Ordinances shall be revised follows: Sec. 42-31. Weeds, grass and uncultivated plants. (a) Definition of terms. Parkway means the portion of any street between the roadway and the private property line. (b) Prohibition. (1) Permitting or allowing weeds, grass or any plant that is not cultivated to grow to a height in excess of eight (8) inches upon any property within the corporate limits of the City of Colleyville or to leave weeds, grass or uncultivated plants in excess of eight (8) inches on such premises after they have been cut is hereby declared to be a nuisance. (2) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville upon which weeds, grass or any plant that is not cultivated exceed eight (8) inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. Ordinance 0-08-1677 Page 3 of 3 (3} A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville and fails to maintain the parkway adjacent to the property free of weeds, grass or uncultivated plants that exceed eight (8) inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. (4) In the case of agricultural tracts of five acres or larger, this section will be satisfied if the hay or grass is kept mowed to a height no greater than 8 inches for a distance of 100 feet around the entire perimeter of the tract. Sec. 4. THAT the effective date of this ordinance shall be the date of its final approval by the City Council. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~.t~~day of 2008. he second reading and public hearing being conducted on the ~--_- day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ~. ~~ Matthew C. G. Boyle City Attorney ORDINANCE 0-08-1698 AN ORDINANCE AMENDING CHAPTER 42, SECTION 42-31 (b), ORDINANCE 0-08- 1677, WHICH ESTABLISHES THE CITY'S REQUIREMENTS FOR WEEDS, GRASS AND UNCULTIVATED PLANTS IN THE CITY OF COLLEYVILLE CODE OF ORDINANCES; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Colleyville establishes requirements for weeds, grass and uncultivated plants as authorized by Chapter 42, Section 42-31 (b), Ordinance 0-08-1677 and it is desirous to update those requirements; 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 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 Code of Ordinances 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. 3. THAT from and after the effective date of this Ordinance, Chapter 42 Section 42-31(b) of the City of Colleyville Code of Ordinances shall be revised with the following deletions and additions: Sec. 42-31(b). Weeds, grass and uncultivated plants. (b) Prohibition. (4) In the case of agricultural tracts of five acres or larger and undeveloped residential subdivisions containing more than four (4) lots and/or residential subdivisions where public improvements have been approved by the City and more than 20% of all lots approved for residential use are vacant, this section will be satisfied if the hay or grass is kept mowed to a height no greater than twelve (12) inches for a distance of 100 feet around the entire perimeter of the tract. Ordinance 0-08-1698 Page 2 of 3 Sec. 4. THAT from and after the effective date of this Ordinance, Chapter 42 Section 42-31(b) of the City of Colleyville Code of Ordinances shall be revised follows: Sec. 42-31. Weeds, grass and uncultivated plants. (a) Definition of terms. Parkway means the portion of any street between the roadway and the private property line. (b) Prohibition. (1) Permitting or allowing weeds, grass or any plant that is not cultivated to grow to a height in excess of eight (8) inches upon any property within the corporate limits of the City of Colleyville or to leave weeds, grass or uncultivated plants in excess of eight (8) inches on such premises after they have been cut is hereby declared to be a nuisance. (2) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville upon which weeds, grass or any plant that is not cultivated exceed eight (8) inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. (3) A person commits an offense if the person owns, occupies or controls any property within the corporate limits of the City of Colleyville and fails to maintain the parkway adjacent to the property free of weeds, grass or uncultivated plants that exceed eight (8) inches in height or if weeds, grass or uncultivated plants in excess of eight (8) inches are allowed to remain on such premises after they have been cut. (4) In the case of agricultural tracts of five acres or larger and undeveloped residential subdivisions containing more than four (4) lots and/or residential subdivisions where public improvements have been approved by the City and more than 20% of all lots approved for residential use are vacant, this section will be satisfied if the hay or grass is kept mowed to a height no greater than twelve (12) inches for a distance of 100 feet around the entire perimeter of the tract. Ordinance 0-08-1698 Page 3 of 3 Sec. 5. THAT the effective date of this ordinance shall be the date of its final approval by the City Council. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2008. The second reading and public hearing being conducted on the 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney - lw,~ City Hall ~ ~~~ ~~,~~~,~ City ~f Co~~eyvi~~e 100 Main Street ~ Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-08-3022 File Number: R-08-3022 Version: 1 File Type: Resolution Agenda Date: 10/21/2008 Status: Resolution Controlling Body: City Council Requester: Office of the City Agenda No.: 6a Final Action: Secretary File Name: Consideration of appointments to the Park Land Dedication Committee Attachments: Resolution R-08-3022.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/21/2008 City Council Title Consideration of appointments to the Park Land Dedication Committee Explanation Reading and Public Hearing The Park Land Dedication Committee is comprised of two members of the Planning and Zoning Commission and two members of the Parks and Recreation Advisory Board. Ordinance 0-91-823, which established the Park Land Dedication Committee, provides that the City Council shall appoint the members of the Park Land Dedication Committee and the terms of the members of the Park Land Dedication Committee shall coincide with their respective terms on the Planning and Zoning Commission or the Park Board. On October 6, 2008, the Parks and Recreation Advisory Board recommended the appointment of Vince Rosen and Brian Estridge to the Park Land Dedication Committee. The Planning and Zoning Commission recommended the appointment of David Dudziak and Michael Clardy to the Park Land Dedication Committee on October 13, 2008. This item provides for City Council consideration of the recommendations. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 10/15/2008 RESOLUTION R-08-3022 A RESOLUTION APPOINTING MEMBERS TO THE PARK LAND DEDICATION COMMITTEE WHEREAS, the Park Land Dedication Committee is comprised of two members of the Parks and Recreation Advisory Board and two members of the Planning and Zoning Commission; and WHEREAS, the Park Land Dedication Committee member terms coincide with the member's terms on the Parks and Recreation Advisory Board and the Planning and Zoning Commission; and WHEREAS, the Parks and Recreation Advisory Board recommends the appointment of Vince Rosen and Brian Estridge to the Park Land Dedication Committee; and WHEREAS, the Planning and Zoning Commission recommends the appointment of David Dudziak and Michael Clardy to the Park Land Dedication Committee. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby appoints Vince Rosen and Brian Estridge to serve on the Park Land Dedication Committee to a term, which coincides with their term on the Parks and Recreation Advisory Board. Sec. 2 THAT the Colleyville City Council hereby appoints David Dudziak and Michael Clardy to serve on the Park Land Dedication Committee to a term, which coincides with their term on the Planning and Zoning Commission. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor „~w .y ~ ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 ;:-:~:~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-08-3023 File Number: R-08-3023 File Type: Resolution Status: Resolution Version: 1 Agenda Date: 10/21/2008 Controlling Body: City Council Requester: Office of the City Agenda No.: 6b Final Action: Secretary File Name: Consideration of appointments to the Parks and Recreation Advisory Board Attachments: Parks and Recreation Advisory Board roster.pdf Resolution R-08-3023.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 10/21/2008 City Council Title Consideration of appointments to the Parks and Recreation Advisory Board Explanation Reading and Public Hearing Mr. Franklin Hyde, whose term expires December 2009 and Mr. Joe Ben Hassell, whose term expires December 2008, resigned from the Parks and Recreation Advisory Board effective September 23, 2008 and October 6, 2008, respectively. During the October 7, 2008 Pre Council meeting, the City Council determined an item should be placed on the October 21, 2008, City Council agenda for consideration of appointments to the Parks and Recreation Advisory Board. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 10/15/2008 Parks and Recreation Advisory Board Meets First Monday of the Month at 6:00 p.m. at the Park Annex Director: Monica Sue Walsh Office: 817.503.1180 _. CHAIRMAN PLACE 1 PLACE 2 Steve Dalri 1314 Hardage Lane Colleyville, TX 76034 W: 817.605.8409 H: 817.481.8782 F: 817.427.9894 sdalri67 .hotmail.com TERM: December 2006 - 2008 PLACE 3 Vince Rosen 1313 Chatsworth Court East Colleyville, TX 76034 W: 817.307.0563 H: 817.577.4862 F: 817.788.1767 vincet~rosenhome.com TERM: December 2006 - 2008 PLACE 6 Brian Estridge 7209 Windswept Trail Colleyville, Texas 76034 W: 817.966.2073 H: 817.788.0898 b.estridae@tcu.edu TERM: December 2007 - 2009 VACANT TERM: -December 2008 PLACE 4 Deena Dendy 4906 Cranbrook Drive East Colleyville, TX 76034 H: 817.545.2176 dedendy~a.tx.rr.com TERM: December 2007 - 2009 PLACE 8 VACANT TERM: -December 2009 Kenneth Llewellyn 7905 Jefferson Circle Colleyville, TX 76034 W: 817.410.4775 H : 817.498.5639 F: 817.410.4776 ken.Ilewellvn(c~employeebenefitresources.c om TERM: September 2008 - December 2009 PLACE 5 Pat Horn 110 Bartram Lane Colleyville, TX 76034 W: 817.849.1085 H: 817.503.2385 pat.horn .sbcglobal.net TERM: December 2006 - 2008 GCISD LIAISON GCISD Charlie Warner 3051 Ira E. Woods Grapevine, TX 76051 swseiko .aol.com Revised 09-19-3008 RESOLUTION R-08-3023 A RESOLUTION APPOINTING MEMBERS TO THE PARKS AND RECREATION ADVISORY BOARD WHEREAS, two members of the Parks and Recreation Advisory Board, whose terms expire December 2008 and December 2009, resigned. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT is appointed to fill Place 1, with an unexpired term of December 2008, on the Parks and Recreation Advisory Board. Sec. 2. THAT is appointed to fill Place 8, with an unexpired term of December 2009, on the Parks and Recreation Advisory Board. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, ABSTENTIONS ON THIS DAY OF ATTEST: Cynthia Singleton, TRMC, CMC City Secretary NAYS AND _ 2008. CITY OF COLLEYVILLE David Kelly Mayor -.~~ . ~ ~~ Cit of Colle ville City Hall i l ~ ~0~11~ Y Y 100 Main Street Colleyville, Texas 76034 ~~~~~~° Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-08-3024 File Number: R-08-3024 File Type: Resolution Status: Resolution Version: 1 Requester: Office of the City Secretary Agenda Date: 10/21/2008 Agenda No.: 6c Controlling Body: City Council File Name: Consideration of appointments to the Colleyville Tree Board Attachments: Colleyville Tree Board roster.pdf Resolution R-08-3024.pdf History of Legislative File Final Action: Version: Date: Acting Body: Action Text: 1 10/21/2008 City Council Title Consideration of appointments to the Colleyville Tree Board Explanation Reading and Public Hearing The Colleyville Tree Board consists of representatives from the Parks and Recreation Advisory Board and the Keep Colleyville Beautiful Committee. Ordinance 0-98-1130, establishing the Colleyville Tree Board, provides that members shall be appointed by the City Council for three year terms. On September 25, 2008, the Keep Colleyville Beautiful Committee recommended the appointment of Ginny Tigue, Roger Nelson and Moira Brunken to the Colleyville Tree Board. On October 6, 2008, the Parks and Recreation Advisory Board recommended the appointment of Deena Dendy, Steve Dalri and Kenneth Llewellyn to the Colleyville Tree Board. This item is provided for City Council consideration of the recommendations. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 1 Printed on 10/15/2008 Colleyville Tree Board __ Keep Colleyville Beautiful Representative Keep Colleyville Beautiful Representative Moira Brunken 7204 Belle Meade Drive Colleyville, TX 76034 H: 817.343.5531 F: 817.708.7364 moira _moirasellshomes.com TERM: February 2007 -December 2008 Keep Colleyville Beautiful Representative Ginny Tigue 4415 Meandering Way Colleyville, TX 76034 H: 817.267.5527 F: 817.540.1466 M: 817.233.1697 gtigue a~hotmail.com TERM: February 2007 -December 2008 Parks and Recreation Representative VACANT TERM: -December 2008 Roger Nelson 4509 Dartmoore Lane Colleyville, TX 76034 W: 817.571.2356 H: 817.577.1916 F: 817.571.2335 roper railnet.com TERM: February 2007 -December 2008 Parks and Recreation Representative VACANT TERM: -December 2008 Parks and Recreation Representative VACANT TERM: -December 2008 Revised 09-] 9-2008 RESOLUTION R-08-3024 A RESOLUTION APPOINTING MEMBERS TO THE COLLEYVILLE TREE BOARD WHEREAS, the Colleyville Tree Board consists of representatives from the Parks and Recreation Advisory Board and the Keep Colleyville Beautiful Committee; and WHEREAS, the Parks and Recreation Advisory Board, recommends the appointment of Deena Dendy, Steve Dalri and Kenneth Llewellyn to the Colleyville Tree Board; and WHEREAS, the Keep Colleyville Beautiful Committee recommends the appointment of Moira Brunken, Ginny Tigue and Roger Nelson to the Colleyville Tree Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby appoints Deena Dendy, Steve Dalri and Kenneth Llewellyn, representing the Parks and Recreation Advisory Board, to serve on the Colleyville Tree Board for athree-year term. Sec. 2. THAT the Colleyville City Council hereby appoints Moira Brunken, Ginny Tigue and Roger Nelson representing the Keep Colleyville Beautiful Committee, to serve on the Colleyville Tree Board for athree-year term. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ,,, _.,, ~ ~^ ~v' ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r`~°~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-06-3025 File Number: R-06-3025 Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 10/21/2008 Agenda No.: 6d Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an electric supply agreement for deliveries of electricity and authorizing the City Manager to sign the contract Attachments: Resolution R-08-3025.pdf History of Legislative File Version: Date: Acting Body: Action Text: 10/21/2008 City Council Title Approval of authorizing the Cities Aggregation Power Project, Inc. (CAPP) to negotiate an electric supply agreement for deliveries of electricity and necessary, related services effective January 1, 2009; approving CAPP contracting with Florida Power and Light (FPL) Energy and Direct Energy and authorizing the City Manager to sign a contract with CAPP for the City's electricity needs for the period beginning January 1, 2009 and extending up to December 31, 2013 Explanation Reading and Public Hearing The current contract for the provision of electricity through Cities Aggregation Power Project, Inc. (CAPP) will expire on December 31, 2008. The CAPP Board has approved indicative electric pricing available through FPL Energy and Direct Energy Business Services (DEBS) for all CAPP members for a five (5) year term beginning January 1, 2009 through December 31, 2013. Energy markets have been falling in response to recessionary pressures and the CAPP Board has the ability to lock-in favorable gas-based pricing for as long as five years. If approved, the proposed resolution will authorize CAPP to enter into a contract with FPL Energy and DEBS at fixed rates for each of the next five years at commodity prices (i.e. excluding non-by passable wires charges) that range from 8.0 cents to 8.5 cents per kilowatt-hour. This will allow the City of Colleyville, through an agreement with CAPP, to lock-in prices for five years that are below the current electric prices paid by the City. The contract with FPL Energy and DEBS will be negotiated and secured as a result of the authority granted by the proposed resolution and is structured similarly to the energy contracts CAPP has negotiated for members over the past six years. There is no City of Colleyville Page 1 Printed on 10/15/2008 Agenda Briefing Continued (R-O6-3025) prepayment of capacity costs or debt allocation associated with this contract. With current credit markets in turmoil and with uncertainty as to when CAPP can achieve approval of the 24-year power purchase agreement (PPA) from the Attorney General, staff has been advised the PPA will not close on December 23, 2008. Therefore, additional time can be provided to cities to evaluate participation. The new deadline for passage of the ordinance approving participation has been extended to December 17, 2008. FPL Energy has agreed to initially secure 100 percent of the power needs for all CAPP members, including those participating in the PPA. For those members participating in the PPA, FPL Energy will allow CAPP to exercise aone-time option to back out of the FPL Energy contract the portion of energy associated with base load and substitute energy under the Luminant agreement. CAPP has advised this five-year purchase is a safety-net regardless of whether a member desires to secure long term budget protection through the PPA. Participation in the 24-year contract is still worthy of consideration for members who want protection against future gas price volatility and the possibility of shortages of generation capacity in ERCOT during the next decade. Financial Impact It has been determined that electricity payments have been funded in the Fiscal Year 2009 budget. Recommendation Approval City of Colleyville Page 2 Printed on 10/15/2008 RESOLUTION R-08-3025 A RESOLUTION OF THE CITY OF COLLEYVILLE, TEXAS, AUTHORIZING THE CITIES AGGREGATION POWER PROJECT, INC. (CAPP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY AND NECESSARY, RELATED SERVICES; AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH CAPP FOR THE CITY'S ELECTRICITY NEEDS FOR THE PERIOD BEGINNING JANUARY 1, 2009 AND EXTENDING UP TO DECEMBER 31, 2013; COMMITTING TO BUDGET FOR ENERGY PURCHASES AND TO HONOR THE CITY'S COMMITMENTS TO PURCHASE POWER THROUGH CAPP FOR ITS ELECTRICAL NEEDS FOR THE PERIOD BEGINNING JANUARY 1, 2009 AND EXTENDING UP TO DECEMBER 31, 2013 WHEREAS, the City of Colleyville, Texas (City) is a member of Cities Aggregation Power Project, Inc. (CAPP), a nonprofit political subdivision corporation dedicated to securing electric power for its 111 political subdivision members in the competitive retail market; and WHEREAS, CAPP negotiated favorable contract terms and a reasonable commodity price for delivered electricity since 2002 resulting in significant savings for its members; and WHEREAS, the City's current contract for power expires December 31, 2008 and the CAPP Board of Directors is currently considering indicative retail energy prices that point to favorable pricing for the five year period ending December 31, 2013; and WHEREAS, power providers desire to execute a contract with one, and only one, entity rather than have unique contracts for each CAPP member. NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1 THAT the CAPP Board and its consultants and advisors are agents authorized to negotiate for the City's electricity needs as a member of CAPP for a term to begin January 1, 2009 and extending up to December 31, 2013. Sec. 2 THAT the City approves CAPP contracting with FPL Energy and Direct Energy for the supply of electric power and related, necessary services for the City for a term to begin January 1, 2009 and extending up to December 31, 2013. Sec. 3 THAT the City will execute a contract with CAPP that permits the Chairman of CAPP to sign a Commercial Electric Service Agreement ("CESA") for the City's electricity needs and related, necessary services Resolution R-08-3025 Page 2 of 2 beginning January 1, 2009 and extending up to December 31, 2013, as a member of CAPP and commits its load for the same period pursuant to the contract recommended and approved by the CAPP Board of Directors. Sec. 4 THAT the City will budget and approve funds necessary to pay electricity costs proportionate to the City's load under the supply agreement arranged by CAPP and signed by the Chairman of CAPP on behalf of all CAPP members for the term beginning January 1, 2009 and extending up to December 31, 2013. Sec. 5 THAT a copy of the resolution shall be sent to Mary Bunkley with the City Attorney's Office in Arlington and Geoffrey M. Gay, legal counsel to CAPP. 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 1v City Hall ~r~~.xt~aJ City of Colleyville 100 Main Street - ~. Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1695 File Number: 0-08-1695 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 10/21/2008 Agenda No.: 7a Status: Tabled Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from R20-Single Family Residential to CPO-Professional Office on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 Attachments: Applicant's Request to Postpone Location and Zoning Map Notification List Future Land Use Plan Information Received By Applicant Petition of Opposition Existing Property Layout Zoning Exhibit Ordinance 0-08-1695 History of Legislative File Version: Date: Acting Body: Action Text: 1 08/25/2008 Planning and Zoning Commission 1 09/16/2008 City Council 1 10/07/2008 City Council 1 10/21/2008 City Council Title Approval of a request for a zoning change from R20-Single Family Residential to CPO-Professional Office on Lot 3, Block 1 of the Sunrise Terrace Addition located at 1117 Glade Road, Case Z-08-017 Explanation Reading and Public Hearing There were two people who spoke in opposition to the request at the October 7, 2008 meeting. The applicant has requested this item to be postponed until the November 5, 2008 meeting. The applicant's request is attached to this briefing. Second Reading and Public Hearing One person spoke in opposition to this request at the September 16, 2008 meeting. The City Council requested that the applicant provide building elevations of the proposed office. Staff has contacted that applicant and he stated that he would provide the proposed City of Colleyville Page 1 Printed on 10/15/2008 Agenda Briefing Continued (0-08-1695) building designs at the October 7, 2008 City Council meeting. The applicant also stated that he met with surrounding property owners on Wednesday, October 1, 2008 to discuss concerns about the rezoning request. At the September 16, 2008 City Council meeting, staff was requested to review the feasibility of a scenario that involves rezoning the five existing Glade Road properties (including the subject property) located between Bedford Road and Riverwalk Drive along the south side of the road from the R20-Single Family Residential district to the CPO-Professional Office Commercial district. Staff has performed an analysis of this scenario and has identified the issues as follows: The setbacks would change from: 30' front, 10' side, 25' rear; to: 40' front, 25' side (if adjacent to residential, otherwise 15'), 25' rear (if adjacent to residential, otherwise 15'). The maximum building height would remain at 35 feet. A 20 foot landscaped greenbelt would be required to be maintained along adjacent residential properties. Additionally, a minimum eight (8) foot wood or masonry fence would be required along lot lines where adjacent to residential. Any trash receptacles would be required to be screened by a minimum six (6) foot wood or masonry fence. In order to comply with the Land Development Code, mutual access easements would be required for contiguous commercial properties at the time of platting as the minimum separation required between commercial driveways along Glade Road is 250 feet. Additionally, ingress/egress will be required for emergency access, which may include a 24 foot fire lane, two points of access or a "hammerhead" fire turn-around. As this rezoning scenario involves a "straight" rezoning from R20 to CPO, all base Land Development Code requirements, including those stated above, would apply with no possibility of waivers or conditions as part of the rezoning approval. When rezoning from a residential to a commercial use on these properties, the following potential impacts may apply: There may be an increase in traffic along Glade Road as commercial uses generate more traffic than residential uses. For example, a 5,000 square foot general office building will typically generate 60 vehicle trips per day, whereas a single family home will generate about ten vehicle trips per day. There may also be an increase in lighting due to the business placing lights for security and parking lot lighting. Finally, there is typically an increase in noise due to more vehicles starting, accelerating onto the street and vehicle doors closing, larger and more numerous air conditioning units, and large garbage trucks emptying dumpsters, which are required for commercial properties. As to whether any of these impacts affect adjacent residential property values, it is very difficult to determine a correlation between decreased property values in single family properties as a result of adjacent commercial development. In researching Tarrant Appraisal District records from 2000 to 2007, staff could find no such correlations. The development trend along Glade Road between SH26 and Bedford Road has been from residential to light retail and office on both sides of of the road. More recently, the north side of Glade Road between Bedford Road and Riverwalk Drive has seen a transition from residential to office uses. The most recent property to be rezoned from residential to City of Colleyville Page 2 Printed on 10/15/2008 Aaenda Briefina Continued (0-08-1695) commercial was the property located at 1100 Glade Road, which was rezoned from R20 to PUDC-Planned Unit Development Commercial in October, 2007 to allow an existing single family home to convert to a professional office building. Staff has received approximately ten inquiries in the past year from various realtors and developers regarding rezoning the five properties mentioned above from a residential to an office use. The request by the applicant is the first rezoning request to commercial from residential on any of the properties located along the south side of Glade Road between Bedford Road and Riverwalk Drive. First Reading and Public Hearing Walter James III submitted a request to rezone 0.64 acres of land located at 1117 Glade Road. The applicant is requesting to rezone the property from R20-Single Family Residential to CPO-Professional Office Commercial in order to construct a single tenant office building on the lot. Existing Conditions. The property is currently developed as a single residential lot that contains an existing home. Replat Requirements. Upon approval of the rezoning request, the applicant would be required to make application for a replat per the requirements of the Land Development Code. Upon approval of a subsequent replat, the applicant states the existing home would be demolished and a single tenant office building would be built on the property. Lot Size. The applicant has submitted an exhibit illustrating the existing property boundaries. The CPO zoning district requires a minimum lot area of 7,200 square feet, lot width of 100 feet and lot depth of 120 feet. The property complies with the CPO lot configuration standards of the Land Development Code. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type uses. The proposed rezoning request is not in conformance with the Master Plan. Surrounding Development Trends. The property to the north is zoned PUDR-Planned Unit Development Residential and is developed for single family uses with office uses along Glade Road. The properties to the south, east, and west are zoned R20-Single Family Residential and are developed as single family residences. Public Notification. Staff mailed notices to 12 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 a petition with 15 signatures opposing the request. Supermajority Vote Requirement. Since the opposition within 200 feet of the subject property exceeds 20%, the request can only be approved by a supermajority vote by the City Council. This request must receive at least six (6) affirmative votes in order to be City of Colleyville Page 3 Printed on 10/15/2008 Agenda Briefing Continued (0-08-1695) approved. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the August 25, 2008 meeting by a vote of 5-2. Summary. The proposed zoning request does not comply with the Colleyvil/e Master Plan, which recommends office uses for the northern side of Glade Road only. Financial Impact It has been determined that there is no financial impact. Recommendation Denial City of Colleyville Page 4 Printed on 10/15/2008 Applicant's Request to Postpone PREMIER OFFICE EQUITIES 1450 HUGxES ROAn SUITE 101 GRAPEVIlVE, TX 7605] TELEPHONE: (817) 481-2626 TELEFACSIMILE: (817) 481-2623 Walter D. James III October 13, 2008 Ron Ruthven Justin D. Bass City of Colleyville Community Development 100 Main Street Colleyville, T'X 76034 RE: 1117 Glade Road Rezoning/Case Z-08-017 Gentlemen: Please accept this letter as Premier Office Equities request that the above-referenced case be tabled for the October 21, 2008, meeting for documentation purposes. Should you have any questions, please feel to give me a call. Si cerel Walter D. James III Cc: Jerry Beane Roger Beavans Mike Cory Location and Zoning Map 1104 1908 1113 111fi 9120. 5q1 120(1 F71'VER' AL1C 116p YJ12 9793 ~r~ti~}' 11165 1113 1117 1121 ~~ 12Q1 i' 5 116+k 11 ~ 119 2 1116 19:0 SOS `X104 ~NJS_ 5Cb1 7 11tFV""B~ E 1 ~ 490~-~ 9165 1193 1117 9921 / `~, -+ PUCfR E7)DO ~ 11ni~ 7T09 1128 11~~ m~ 112 1116 1 20 ~~~~ `~'-~' ', PUDG -~ GAGE Rp y,_- - 1 ~ 1204 rl ~ 1115 tips; 1117 101 ~ ~ti~ 1~0` 711Jt~ ~ 1112 U O~j ~ 11 C14 111 f. 1213 1204 1.:<. [[.'J ~J~Ya A991 <.; 4821;' 9iT ii01 ~ 1105 1109 1113 1205 12V1 1117 Notification List OWNER NAME OWNER_ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Horak, Jo L PO Box 395 Colle ville TX 76034 1104 Glade Rd Rc Glade Road Ltd 32 Village Ln Ste 200 Colle ville TX 76034 1120 Glade Rd Eckert, Lar & Linda 5225 Fontaine St San Die o CA 92120 1116 Glade Rd Adler, Keith 1112 Glade Rd Colle ville TX 76034 1112 Glade Rd Grisso, Terance R Etux Candice 1205 Glade Rd Colle ville TX 76034 1205 Glade Rd Rika, Sennear Etvir Ton 1201 Glade Rd Colle ville TX 76034 1201 Glade Rd Lockwood, Dale Etux Katherine 3305 Ashmore Ln Gra evine TX 76051 1117 Glade Rd Robert Salter Famil L 209 W 2Nd St # 377 Fort Worth TX 76102 1105 Glade Rd Ed ell, Keith A Etux Am Beth 1116 Jo Carol St Colle ville TX 76034 1116 Jo Carol Ln Li ett, Ronald Etux Debra 1112 Jo Carol St Colle ville TX 76034 1112 Jo Carol Ln Trachier, Steve Etux Connie M 1108 Jo Carol St Colle ville TX 76034 1108 Jo Carol Ln Peterson, Barbara Lisa 1104 Jo Carol St Colle ville TX 76034 1104 Jo Carol Ln Walter, James III 1450 Glade Rd. Suite 101 Gra evine TX 76051 a licant Public hearing notices were mailed on Monday, Aug. 11, 2008 by Amy Shelley. Signature Future Land Use Plan ~~ .. ~ ~ (( _, ...w. ~ ~ w , .,.. ~. ~ ~ ~` . „,...» $- m ,- ' j F ~~ i ~'°' ~ ~ T ~ ~.,.. I 1~ ~ ~ '"~» ~ ~»~»,~..., s ~ _~ .,.,c , ~w. "..,~, g ~ ~ ~ f ~ :, .: - ~ j .._~ :;~~ ~ ~ ~' ~ ~' Site ~ ~! ~' ~~ ~... ~ _ ~ ~ m~~.~~ _..~.. a>=v ~ .r 'F ~ >_ .. ,~ z µ, i .. .' ~ ~ ~ i .~,w.,r ......_~ _ . ,- _ ~. ~..,~ . _ n , ~ ~_ _ :. <., x ~ ~.. .,......3_.:_.., d ~ _ ~., .~.3 k L.~~lll~ t -, .~~ ~.. ~» '.,c .-..~ ~', ~~~ .""""`"` ~ °~- ~ ~ Single Family .~ ~ ~, ~ ~~~ - ~ t^ ~ ~ ,_. ~ Mufti-Family ,~~ ~ ~~ # ~~ d ~ «F ~e ~ ~. ~ ,~•. ~ ~ OfftCB ~ ~, .'~ ~ 4. .... , ~ ~ ,~ ,.~ - ' a ~'~ i ~ ~ Retail r ~ ~~~ ~_ t _ .. •. 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O a~ 4- L -1--+ ~~ ~ .~ a~ ~~ a~ ~ U_ ._ V -- ~ ~ ~. tCS ct~ ~ ~ ~ ~ ~ -- O ~ > ~ .~ ~ ~ Z3 ~ ,4) p ~~ ~ ~ ~ ._ U -~ O ~ c~ c~ Q 71 ._ C~ a~ .~ 4- 0 ~-~+ .~ U c~ ._ U_ -~ 0 v ~-- .~ Ct~ -~-+ 0 0 r U X 0 O .~ .~ a~ 0 -~--+ CCS L ~. .L U_ 0 0 0 r-= .~ c~ CCS U CCU .._ .~ c~ .~ .._ .~ ~- 09/11/2008 10:43 6196456902 PAGE 01 Sep 09 08 06:12p Quintero Petition of Opposition 882325401iq p.2 We, tore undersigned, pvepct~ttr awaerS in the immediate vicinity of 1117 Glade Road. Colieyville, are opposed to the rezoning of 7,717 eiade Road from a designation of Residential td CommenCi-a!, Prq~essivnal, Offir~e {CPQ~. The property at 117 Glade Road is directly adjaa~t to residetstial properties aKr Jo Carol Stre~e~t and rv~e begeve such a ne- xoning willSignFflcanL'ly affect both the aualtty of Ctfie of rrsidellt, and property vatuesfur• the small residential neighbor~od that inehrdes la Canal Lane and Garry Lynne Drlvf<. The t+'Pq designation will allow ovraers o~Fthe Z1i7 Glade Road to build up t4 35 feet and therebyr•Lyave direct Visual accessto all fou; afthe directly adjacent residential proper#ees The impact.an these ptoper~ie~ privacy and safety will certainly result i>r deval~sation of these dicectlyv adjacent properties arid, as a result of the comparathre analysis used fn valuing and appraising properties, the surrounding properties on the south side of.b Carpi Lane and on Garry Lynne brine. In addition to the devatttatioh of the surrounding resaiential properties, vue believe that the propose$ re-zonir~ of 111a Glade will significantly irnpaCt bath noise ar~d txafSic levels ergrerienced on Glade Road acrd in ~tt1e surrounding neighborhood. Given reCemt commercial developments nn the north side at rode Road betwr:en par limber Court and Slvebonnet Drivq, there is significant available office space in the immediate area and currerttlY no need for additional office space. Et is urrr anderstaruling that adjacent properties on Giade lioad have aiSV inquired about potential r+e-toning and, should x7,9.7 GFacte Road be approved ivr a [~4 desi~natior~, these properlyes will likely seek va re-zone to CPO. tf this should occur, the enure black of Glade Road that is directly adja+arnt bo the north side of Jo Caryl tape will be developed as commerraa! property, further increasing the risk of devaluation to carrent hameoKmers, and further intreasir~ the trafFac and noisethat effects bur neighborhood and quality of life . We respectfugy ask.thattiie C.oiley+rille tSty Council deny the requesrt tnr re-caning of X7.7 Glade Rpad. ~C~Gl/ldK .(~.~Ca~ Name ,4ddre time Nam C ~ ~rFY~t. 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Accordln!! fo CemouaOY•Panol (lo. 1DI7aC 01Ytlit allhe Fodaral Qteatperxy 7Aanapanent Apaaey Flood roeuraeca Nara Flap ar Fiaed NaaarJ Daaadary Map Dalad Aupnat 9, tOtltl the properly ahowa haraoa U not loealad In ?.oaa 'A' (Ana of f00 Ywr Floo4 Plsln). Tiro pra(wrty r la ZaAe'7l". lfOTf: 7e pro boat of r.y Yeawledpe end ballet the saaenanh racardad In Yat 7T3o,Pp.10TB Q YW. 7i}9,Pq. T0. R.P.R.T.C.T. tla HOT physkagY at(aet Htlo ttraparly TNa aurvay eras pertormad eaclwlvaly far tho parpa° ro coanattlon wtlh the R.F. Hwntter sAewn haraon aatl la flaaaaed for a alnplo bee, ThhT aurvoy ramalaa Hre pwporty of tho Lurveyor. UaaYlhorleed n:eae h ael petMlNlrn wlihoal tas opnaaed Nrltton partnlasian of tha 8arvoyau 7hla s4tray IK as oNparli warn preWciMt Oy 1rn14e dlafaa Cepyrlpbt law and inlarnatlanal Iraallex. AN rlyhro reaawad do net raalra tllaptl aapiaa, GLADE ROAD ~ (>yUBLIC RIGHT-OF-WAY) Q 4 ~ ~ EAST 175.00' (PLAT) ~ Haa~strte ~ ~,,~~~ tpatr't>a 1rx lar• . N f 'a''' ' 10~U'ill11Y c"..r.p~'n }o'~1U~OING 3a.7' .•ta.p• ~t}.c .;:r 25'BUILDING 1 uNe~PUT~ ;'s?, LINE (I'lA'1'~ i { ~ I I ~ BRICK RE81[7LNC[ o : •~' 1 I 0. + ~ ~:"~-j'•• ,~y,... ~ too g7.4' ' ~ w {~ ~ ~ 2'/,013 SO.FEET I ~ ~ LO'f 2 0 ~ LOT 3 ~'~ Ot= A(~} ACRE 1 { r°a z ''-----. BLOCK 1 ~ { I ~' •I Lm a nteTAl srsr~ ~ { 1 I ~~ t ! •~ ~ LOTa to tml.tn ~cM ( ~~ ~ ~6. ~ FW1AiESHED pRHt?lttlttll:tl'L.ATI ~ { ~~rru~ '°° --- N 89°01'OA" W 175.03' (PLAT), ---w----- ~1 ..ti"`~. 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E ~~~ 1.., ~~: .. . « P°~r ,......•K...~ No. 449222 Field Notes Description for Lot 3, Block 1, SUNRISE TERRACE, Section One, an addition to the City of Colleyville, Tarrant County, Texas, according to the plat recorded in Volume 388-31, Page 66, Plat Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING in the south line of Glade Road at the northeast corner of Lot 3; THENCE SOUTH a distance of 161.0 feet to the southeast corner of Lot 3; THENCE North 89 degrees 01 minutes West a distance of 175.0 feet to the southwest corner of Lot 3; THENCE NORTH a distance of 158.0 feet to the south line of Glade Road and to the northwest corner of Lot 3; THENCE EAST a distance of 175.0 feet along the south line of Glade Road to the POINT OF BEGINNING- Bearings based on plat of record. Field Notes compiled by Roger W. Hart, R.P. L.S. 4484 from public records. This does not represent an on the ground survey. c:lprojects1449221zoning field notes.doc RE~~~v~D =. AREA. SURVEYING, INC. ~ Registered Professional Land Surveyors - ~ 135 Sheffield Drive Voice: 817.293.5684 Page 1 of 1 - . fort Worth, TX 76134 Fax: 817.764.2328 ~~~" ~~»*».»..»~.kw»», www.areasurveyirig.com Zoning Exhibit G I ad e Road ~ ' ' prop Walk 10' U.E. ~, fl ~ I / ~ / I / / ~ •~ O ~ ( I ~ _ ~ ~ 40 B Lparkinq o rn m i ~ _ ~, ~~ \ ~ ~ ~~~•~ n~ \~ ~l ~ ~ ~ 1 ~~ ~~ ~ ~ ~ I ~ ~ ~ ~ rn ~ Off 1d •~ ~ i rop~ 13 q, o ~- 125,0 I ~n _. - 2 5= 6.1 - - - ~ ~ 20' Greenbelt C 1'~pJ ~rop,TCreen~Pall ~ ---N ----------------U.E.-------------- - i - ~~--~--~-- ~ S 89° 1 E 175 0 i . i ., i 40 0 40 Scales 1" = 40' ZONING ~XNIC~It FOR ZONING CNANG~ RcQf,~St FROM R-20 t0 CpO ~vt 3, Block I, SuNplS~ 1~ppAC~ Section One according to the plat recorded in Volume 388-31, page 66, f lot Records, Tarrant Caurit~{, Texas, C itU of Colleyville, Tarrant Cour~t.~, Texas. f r~pared Cr// 24/ C8 .. ;~ ~ic;~~t~: ~ ._'~ P:cf~~s~~ncx Lcx~cl ~~r-r~~c~~ Asa s~,~ ~ . ~rr~~ . ~~~~ t~~~~~~. ~~ ~~~~~-~s~~ /~ ~ trrtit~:8t~~gi .;~~ • r:~x:~t7,76~4.2378 • irveying.c~m ORDINANCE 0-08-1695 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 0.64 ACRES ON LOT 3, BLOCK 1, OF THE SUNRISE TERRACE ADDITION, FROM THE R20-SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO THE CPO-PROFESSIONAL OFFICE COMMERCIAL 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-08-017; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan, designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration 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 0-08-1695 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 .64 acres on Lot 3, Block 1, of the Sunrise Terrace Addition, from the R20- Single Family Residential zoning district to the CPO-Professional Office Commercial district, as depicted in the attached Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-08-1695 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 S1~Dd SOS ~1 99CBr E ~ ~ % 110. 19 r~9 1113 919' 1929 ~T ~uQl~ ~J09 m 1'1170 1104 1124 11 tSl 112 119 F 1 2fJ A ~ PUDC Site t ..~. GLADE Rd ia~~~ 111i 1<G1 ~ ~ 1205 110:, 9932 ~,~ i 101 111 '<' 11 by ~ 1104 11 Cif ~~~ 1105 ~~ 910y 1113 1116 1117 1213 ~J 12Q3 City of Colleyville 100 Main Street ~r.~~. ~.**~~~ Colleyville, Texas 76034 Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-08-1696 File Number: 0-08-1696 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 10/21/2008 Agenda No.: 7b Status: Tabled Controlling Body: City Council Final Action: File Name: Approval of a request for a zoning change from RE-Residential Estate to PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4, Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool Road, Case Z-08-018 Attachments: Applicant's Request to Postpone Location and Zoning Map Future Land Use Plan Notification List Letters of Opposition Letter of Support Statement of Planning Objectives Neighborhood Letter Small Lot Development Comparison Zoning Exhibit Entry Exhibit Ordinance 0-08-1696 History of Legislative File Version: Date: Acting Body: Action Text: 08/25/2008 Planning and Zoning Commission 09/16/2008 City Council 1 10/07/2008 City Council 1 10/21/2008 City Council Title Approval of a request for a zoning change from RE-Residential Estate to PUDR-Planned Unit Development Residential on Lots 1A, 2, 3 and 4, Block 1 of the Wildwood Estates Addition located at 5500-5700 Pool Road, Case Z-08-018 Explanation Reading and Public Hearing There were six people who spoke in opposition to the request at the October 7, 2008 meeting. The applicant has submitted a letter requesting to postpone this request to the November 5, 2008 meeting. The letter is attached to this briefing. Second Reading and Public Hearing One person spoke in opposition to this request at the September 16, 2008 meeting. At the September 16, 2008 City Council Meeting it was requested that staff review the overall traffic impact of the proposed development. The two entrances proposed for the City of Colleyville Page 1 Printed on 10/15/2008 Agenda Briefing Continued (0-08-1696) development along Hall Johnson and Pool Road meet the minimum development standards required by the Public Works Department and the Land Development Code, which requires a minimum distance from a street intersection of 180 feet (the proposed entrance on Hall Johnson is approximately 200 feet from the intersection of Pool Road). Additionally, the total trips generated, accounting for 17,700 square feet (the maximum amount proposed by the applicant) of medical office space, does not exceed the 1,000 trip threshold for the requirement of a traffic impact analysis as required by the Land Development Code. There is currently an average daily traffic count on Pool and Hall Johnson Road of approximately 15,000 vehicles per day. The total maximum vehicle trips that could be produced by this development as proposed is 934 vehicle trips. Therefore, if the traffic produced by the development were to be split evenly between Hall Johnson and Pool Road, it would account for a daily increase in traffic on both roads of approximately 467 vehicles, or 3.1 %. In comparison, the Creekside at Colleyville development, located at the southwest corner of Glade Road and Heritage Avenue, and approved by the City Council in November, 2007 will produce (if developed as approved) approximately 1,782 vehicle trips on the north side and 2,131 trips on the south side of the development resulting in a total of 3,913 vehicle trips generated. A traffic impact analysis was required due to the large amount of vehicle trips generated by the development. As the increase in traffic onto Glade Road (which contains only two lanes in each direction) was projected to be approximately 10% above existing traffic volume, the traffic impact analysis recommended that there be no access to Glade Road from the development. The development was approved contingent upon there being no entrance from Glade Road. Concern was also voiced about the entrance to the development from Hall Johnson Road given the existing median opening directly across from the proposed entrance. Staff has consulted with the applicant about requiring this entrance to have right-turn access only for ingress and egress, thus prohibiting alert-turn into and out of the development from this entrance. The applicant has indicated this would be acceptable, if so directed by Council as a condition of approval for the development. Additionally, the applicant has agreed to reduce the amount of medical office uses permitted as part of the development in order to reduce the amount of traffic generated if requested by the City Council. Although not required by the Land Development Code, the City Council may, as a condition of approval, require the applicant to provide a traffic impact analysis prior to final plat approval of the development. First Reading and Public Hearing Curtis Young has submitted a request to change the zoning of 10.4 acres, located at 5500-5700 Pool Road. The applicant is requesting to rezone the property from the RE-Single Family "Estate" Residential zoning district to a PUDR-Planned Unit Development Residential zoning district. The applicant is seeking a zoning change in order to develop the property for 31 single family residential lots, four open space lots and three commercial lots that will contain three professional office buildings. Existing Conditions. The subject property is currently platted as four lots. Lot 4 is currently developed with a single family residence. The remaining lots are currently vacant. City of Colleyville Page 2 Printed on 10/15/2008 Agenda Briefing Continued (0-08-1696) The residence will be demolished as part of the development of the subdivision. Approval of a preliminary and final plat will be required upon approval of the rezoning request. Master Plan. The Future Land Use Plan designates the subject property for single family residential uses. Approximately 1.98 acres of land is designated for office use. The portion designated for office use is proposed to be located along the north and east portion of the property adjacent to Pool Road. The remaining approximately 8.42 acres is designated for single family residential use. The residential portion of the rezoning request is consistent with the Future Land Use Plan while the commercial portion is not. The 1.98-acre commercial area along Pool Road that is proposed for CPO-Professional Office Commercial district uses, with the inclusion of physician, dentist, optometrist, and chiropractic uses as well. This 1.98 acre portion of the request does not conform to the Future Land Use Plan, which is designated as future residential use only. Residential Density. The Master Plan suggests a maximum residential density of 1.8 dwelling units per acre in most situations. The 2004 Colleyville Master Plan states that densities higher that 1.8 units per acre would be acceptable in those areas deemed consistent with sound land use planning principles, such as a transitional area situated between commercial uses and less dense residential developments, or near major street intersections. The proposed development would be situated between an existing office use located to the east across Pool Road in Grapevine and, to the west, the Oak Creek subdivision in Colleyville, which is developed at a residential density of 1.7 dwelling units per acre. The proposed development of 31 residential units on the 10.4-acre property will produce a residential density of 3.7 dwelling units per acre. The proposed residential density is comparable to other approved small lot PUDR developments within the City. The Small Lot Development Chart, attached to this briefing, provides a comprehensive listing of recently approved developments with residential densities that exceed 1.8 dwelling units per acre. Lot Sizes and Widths. The PUDR regulations require a minimum lot size of 13,000 square feet with a minimum lot width of 100 feet and lot depth of 120 feet. The proposed lot sizes are as follows: Minimum Lot Size Minimum Lot Depth Minimum Lot Width Front Building Line Side Building Line Minimum Building Separation Side Building Line Along Street Rear Building Line 6,400 square feet 115 feet 56 feet at the building line 15 feet 3 and 7 feet 10 feet 10 feet 10 feet, 20 feet for lots adjacent to Oak Creek Subdivision Open Space. The PUDR regulations require a minimum 20 percent of the development be reserved for open space for use by the residents of the development. The proposed site plan for the development shows 26.4 percent of the total development as open space. The open space areas include three ponds with a 5-foot concrete walking trail adjacent to the pond located toward the center of the development. Other amenities include at least two City of Colleyville Page 3 Printed on 10/15/2008 Agenda eriefing Continued (0-08-1696) benches along the walking trail, landscaped open spaces, and the preservation of the drainage easement along the southern boundary of the property. The locations of the features are depicted on the PUDR site plan (see attached copy). All of the open spaces will be landscaped and maintained by the Homeowner's Association (HOA). Retention Ponds. The current PUDR regulations limit the amount of open space area that can be used for retention or detention ponds to a maximum of 25 percent of the open space. The applicant states that the ponds will not exceed this requirement. The PUDR regulations require each retention pond to include at least one aeration device. The applicant intends to install a fountain in each pond. City Entrance Sign. The intersection of Hall Johnson Road and Pool Road is a major gateway into the eastern portion of the City approaching from Grapevine. In 2000, the City purchased 4,771 square feet of property, located on the southwest corner, adjacent to the subject property, for the purpose of an entrance marker to be placed in the future. This property was deeded as part of the Hall Johnson and Pool Road right-of-way to the City. The developer has agreed to construct a sign within this portion of the right-of-way and has submitted an artist rendering of the proposed sign. However, the final design of the entrance marker will be dependent on the recommendations of an entry way and way finding study. The developer is aware of this study. Sidewalks and Trails. Sidewalks are required to be constructed on each individual lot within the development at the time houses are constructed on the lots. According to the Col/eyville Pathways Plana 10-foot wide concrete trail is required to be built along Pool Road as part of this development. There is an existing 5-foot sidewalk adjacent to Hall Johnson Road that will remain on the property. The developer will also construct a five foot wide internal pathway along a portion of the open space areas as an amenity for the development. The internal pathway will be constructed with concrete. The developer has indicated that the HOA will maintain the sidewalks and pathways within this development. Fences, Walls and Screening. The developer proposes to construct a six foot masonry fence along the portion of the residential lots adjacent to Hall Johnson and Pool Roads. A six foot wrought iron fence is proposed to be built along the side and rear property lines of the residences adjacent to the drainage easement located at the southern boundary of the development. An eight foot cedar fence is proposed for most of the western common property line with Oak Creek subdivision. The developer has reached an agreement with Oak Creek in which the existing fence can be retained or a new fence constructed, depending on the adjacent Oak Creek resident's preference. Staff recommends construction of a new 8-foot cedar fence for this entire length of the property line. The three most northern lots along the western boundary are proposed to be constructed with a ten foot cedar fence to account for a grading change. As part of the screening requirement between office and residential uses, an eight foot masonry panel fence will be built along the rear property lines of the residences where they abut the proposed office development. Access. The residential portion of the development will have primary access on the north side of the project from Hall Johnson Road and on the east side from Pool Road. The commercial portion of the development will only have access from Pool Road. City of Colleyville Page 4 Printed on 10/15/2008 Agenda Briefing Continued (0-08-1696) Tree Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan will be required upon approval of the final plat for the property. The survey and mitigation plan shall be drawn and submitted according to the requirements of Chapter 5-Tree Preservation of the Land Development Code. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-way. The developer is responsible for the extension of water and sewer service lines to the individual lots. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the City of Colleyville Engineering Department. According to the drainage analysis, the development will provide on-site retention. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting process. Traffic Generation. The developer is not required to provide a Traffic Impact Analysis, since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. Based on this average, a 31 lot development would add approximately 297 vehicle trips per day to the surrounding roadways. Single tenant office buildings are expected to generate 12 trips per 1,000 square feet of office use. Medical office uses are expected to generate 36 trips per 1,000 square feet of office use. Based on this average, 3 office buildings, each 5,900 square feet in size, would add approximately 212 trips per day for general office and 637 trips for day for medical office uses. Therefore, the total trips averages may vary from as little as 509 trips to a maximum of 934 trips based on which type of office use is developed. Surrounding Development Trends. The surrounding properties represent a variety of uses. The property to the north is zoned AG-Agricultural and is developed as a church. The properties to the west are zoned R20-Single Family Residential and are developed as single family homes. The property to the south is zoned RE-Single Family "Estate" Residential and is developed as a single family home, and the property to the east, located within the City of Grapevine, is developed as a broadcast studio. Public Notification. Staff mailed notices to 27 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received one letter of approval and 11 letters in opposition along with a petition containing 13 signatures in opposition to this request. Supermajority Vote Requirement. Since the opposition within 200 feet of the subject property exceeds 20%, the request can only be approved by a supermajority vote by the City Council. This request must receive at least six (6) affirmative votes in order to be approved. City of Colleyville Page 5 Printed on 10/15/2008 Agenda Briefing Continued (0-08-1696) Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the August 25, 2008 meeting by a vote of 7-0. Summary. Given the proposed office uses, the proposed zoning change is not completely consistent with the Future Land Use Plan, which designates the entire area proposed for this development as single family residential. The property to the east, in the City of Grapevine, is developed for commercial and office uses. As such, given the location of this development at the intersection of two major streets and the presence of commercial land uses immediately to the east, this development is consistent with the solid land use planning principles recommended by the Master Plan for developments located near transitional areas and major street intersections. While the proposed development exceeds the residential density of 1.8 dwelling units per acre, the location of the development is appropriate for this type of higher density residential development. Financial Impact It has been determined that there is no financial impact. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 6 Printed on 10/15/2008 Applicant's Request to Postpone From: Rob Ward Sent: Monday, October 13, 2008 12:26 PM To: Justin Bass Cc: cyoung@sage-dfw.com Subject: Pool &Hall-Johnson zoning case City Staff and Council, We would like to formally request to postpone our zoning case and move it from the October 21st meeting to the November 5th meeting. We need additional time to develop and evaluate alternative scenarios to our plans based on the most recent feedback from the Council. Regards, Rob Ward Reward Development, l.LC Location and Zoning Map C-12404 12400 12500 ~ 4 ~ ~ ~ r~ 2505 4 3507 N N N N N 2500 ~-L , ~ -~~~~ Site ~ 5704 2500 2=,pt,- , ~ , '~2506 2`05 2509 ~ 2504 ---- 5702 S 5004 5700 ~~501 2503 BD0 5005 5600 5004 ~~E}($I 5003 2402 2404 5002 2408 5000 5001 RE 5500 5509 5508 2403 2407 2403 5500 5507 5505 5504 ~U Y 2402 2404 2400 5503 5480 5502 5500 5501 2403 2407 2504 2504 2508 2000 2602 2004 2408 2500 2405 2402 2404 2400 5406 5405 5408 5405 2501 2400 5404 5404 5403 5404 5403 ?403 2405 403 5402 5401 4 City of Grapevine 2702 I 2704 +2800 12802 12804 12806 2703 2705 5500 2805 2807 2809 2 5402 2700 2702 2800 zeD2 P U ^ R 2804 2709 5400 2703 2801 2808 2803 2808 5310 5311 2805 2900 5308 5309 2807 2 5308 5807 5805 2000 5803 A~. 5901 5804 5803 5802 5800 Future Land Use Plan t~ i ! ~ ~~_e ~~ ~ ._ ~_ _ ~__ , ,__,. ..~ ~_ E ~, ~ 4 Site ~~ Grapevine I,e~e~id Single Family Multi-Family !Office Retail ~-_....b~ ~ ,~._ ~.. W_ --~ ~. ~ _ 1~„~ C 1 '~, Insti utional industrial .,,,_,, Roadway ..~ _. ? Utilities ~~.~: _.___._ Parks Private Gpen S~ce '\1 '~tVater Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR Highland Meadows Christian Ch 2600 Hall Johnson Rd Colleyville TX 76034 2600 Hall Johnson Rd Gray, Travis P Etux Kathleen 5801 N Ballantrae Dr Colleyville TX 76034 5801 N Ballantrae Dr Przano, Anthony P Etux D Dawan 2509 Ballantrae Dr Colleyville TX 76034 2509 Ballantrae Dr Pennin ton, David F Etux Marie 2516 Hall Johnson Rd Colleyville TX 76034 2516 Hall Johnson Rd Colle ville, Cit Of 100 Main St Colleyville TX 76034 Pool Rd Baca, Richard Jr Etux Patricia 4509 Stafford Dr Colleyville TX 76034 5700 Pool Rd Cohen, Allison & A F Wullaert 2502 Kings Ct Colleyville TX 76034 2502 Kings Ct Pearson, Patrick L & Celestine 2500 Kin s Ct Colleyville TX 76034 2500 Kin s Ct Lucart, Sean T Etux Linda A 2504 Kings Ct Colleyville TX 76034 2504 Kings Ct Baca, Richard Jr & Patricia J 4509 Stafford Dr Colleyville TX 76034 5604 Pool Rd Thompson, Dwight E Etux Beth L 2503 Kings Ct Colleyville TX 76034 2503 Kin s Ct Yin, Hai-Kuang Etux Nanyi 2501 Kings Ct Colleyville TX 76034 2501 Kings Ct Sanders, Billie Jo ce 5500 Pool Rd Colle ville TX 76034 5600 Pool Rd Henderson, Gary R Etux Julie 5605 Winding Trl Colleyville TX 76034 5605 Winding Tr Intfen, Christopher Etux Marga 5603 Winding Trl Colleyville TX 76034 5603 Winding Tr Sanders, Billie Jo ce 5500 Pool Rd Colle ville TX 76034 5500 Pool Rd Levasseur, William Etux Leah J 5601 Winding Trl Colleyville TX 76034 5601 Winding Tr Wampler, Bill J Etux Mimi M 5509 Winding Trl Colleyville TX 76034 5509 Winding Tr Dozier, Charles Etux Mickie 5505 Dusty Ct Colleyville TX 76034 5505 Dusty Ct Head, Patricia D 5507 Dusty Ct Colleyville TX 76034 5507 Dusty Ct Molina, Oscar Etux Claudia 5486 Pool Rd Colleyville TX 76034 5486 Pool Rd Irion, Robert Etux Leeann 5503 Dusty Ct Colleyville TX 76034 5503 Dusty Ct Austin, Don Etux Mary B 2700 Summertree Ln Colleyville TX 76034 2700 Summertree Ln L nch, Geor e C Etux Laurel 2702 Summertree Ln Colle ville TX 76034 2702 Summertree Ln Trinit River Authority Of Tx PO Box 60 Arlington TX 76004 Pool Rd Humiston, Mark M Etux Beverl 5501 Dust Ct Colle ville TX 76034 5501 Dust Ct 1130 N. Carroll Ave. Young, Curtis, applicant Suite 200 Southlake TX 76092 applicant Arbor Estates HOA 5506 Sycamore Dr. 2705 Summertree Colleyville TX 76034 courtesy notice Summertree HOA Ln. Colle ville TX 76034 courtes notice Public hearing notices were mailed on Monday, Aug. 11, 2008 by Amy Shelley. Signature Amv Shelle Letters of Opposition From: Doug Harpe Sent: Friday, Augus ; ,. ; To: Amy Shelley Subject: Z-08-018 I've reviewed some of the details about the planned zoning change at Pool and Hall Johnson as outlined in the P&Z packet documentation available on the Colleyville website for P&Z case Z-08-018. I believe that the population density of the plan is way too high for this area. We are still waiting to see what the traffic results will be from the development of the old "plant shed" area along Hall Johnson. I also believe that a formal traffic study is required based on the proposed population density. Also the addition of Professional Office buildings (especially if used for Medical) at that corner is, in my opinion, a really bad idea. The population density proposed will be more like some of the areas in grapevine and Euless and I really don't want to drive past that every day to get to my home, not did I plan on that density when I purchased my home in Colleyville. I believe the net effect of this development will lower property values in our community and more specifically lower property values for me personally. I am outside the 200 ft notification area but am within a 500 ft notification area. Please consider this my official opposition to Zoning Case Z-08-018. Thanks for your time, Doug Harper 2905 Whitehaven St. N. Colleyville, TX 76039 817-329-5999 P.S. The Highland Meadows Homeowners Association was not on the notification list even though we have properties affected by this proposed change. 1 Amy Shelley From: Sent: Monday, August 25, 2008 6:48 AM To: Ron Ruthven; Amy Shelley Subject: My Address included[Fwd: Zoning Case # Z-08-018] >From: __ >Date: 2008/08/18 Mon AM 10:41:10 CDT >To: shelleya@ci.colleyville.tx.us >Subject: Zoning Case # Z-08-018 >Commission, >I would like to once again oppose any type of "Planned Unit Development" at this location. The zoning exhibit seems more like an apartment complex. Most of my homes living area and windows face toward the location in your notice. I am sure my property value would suffer and it would not be as appealing to prospective home buyers as a result. >Thank you, >Anthony Przano 2509 Ballantrae Drive Colleyville, TX 76039 Page 1 of 1 Amy Shelley From: Glenn Holt Sent: Saturday, August 23, 2008 3:44 PM To: Amy Shelley Sabject: Zoning Case Z-OS-018 I am opposed to the medical buildings being proposed. Glenn Holt 6400 Kenshire Ct. Highland Meadows. 8/25/2008 Aug. 22, 2008 Honorable Members Planning and Zoning Commission City of Colleyville, Texas 100 Main Street Colleyville, TX 76034 RE: Rezoning Request for 5500, 5600, 5604 & 5700 Pool Road Wildwood Estates Addition Dear Members, We, the Undersigned, residents of Colleyville living within 200 feet of the request, would like to express our deepest concern and oppose the proposal with regard to the above referenced rezoning request for the following obvious reasons: 1. The proposed change is not the best use of the property; 2. It will greatly impact home values in a negative way in the surrounding area and overall property values of the City, 3. In light of current status of economy and unstable housing market, and similar developments in the close proximity, the proposed development appears to be risky and unlikely to be successful, leaving another valuable Colleyville land wasted/abandoned. 4. Keeping referenced properties zoned as is, single Residential Estate, will preserve the environmental conformity of the surrounding area and the rustic, family oriented community reputation by which Colleyville is known. Please accept this letter as our opposition and protest to the proposed request. Your considerations are sincerely appreciated. Respectfully, Frank Yin and wife Agnes ~'m 2501 Kings Court Colleyville, TX 76034 Page 1 of 1 Amy Shelley From: Pat Gray Sent: Monday, August 25, 2008 8:50 AM To: Amy Shelley Cc: ruthvenr~colleyville.tx.us Subject: Zoning case number Z-08-018 Please consider this email as written protest to the proposed zoning change of property located at 5500-5700 Pool Road (Lots 1A, 2, 3, and 4, Block 1, Wildwood Estates Addition. The subject properties current zoning is RE -Residential Real Estate and requested zoning is PUDR -Planned Unit Development Residential. My property is located at 5801 North Ballantrae Dr. and is within 200 feet of the subject property. I believe that this zoning change and proposed development will adversely affect the quiet enjoyment of my property and unnecessarily increase traffic levels in the area. T. Patrick Gray Executive Vice President TIB -The Independent BankersBank 972-650-6060 (Direct) 972-541-2211 (Fax) This message and any files transmitted with it are proprietary and confidential.They are intended solely for the use of the individual or entity to whom they are addressed. If the reader of this message is not the intended recipient, please notify the sender immediately and delete this message. Distxibution or copying of this message is prohibited. 8/25/2008 September 25, 2008 Ron Ruthven, Community Development Coordinator 100 Main Street Colleyville, TX76034 Re: Re-zoning request for Pool Road /Hall Johnson; Addresses 5500, 5604, and 5700 Pool Road Planning and Zoning Committee Members: The home owners of Oak Creek Estates are strongly opposed to the PUD request to develop the above referenced acreage. This particular development plan would have a great negative impact of oui- neighborhood. We do not want to live by a "transitional neighborhood" with zero lot patio homes and commercial buildings. Why should we want our homes to go down in value? This developer's plan is way too dense for the ten and a half acre parcel. There is no additional green space, except what is required for retention ponds and the run off drainage. The thirty-two homes and three commercial buildings would add about two hundred cars to the heavy congestion at the intersection of Pool Road and Hall Johnson. This is a bad plan for our neighborhood and for the other residents in Colleyville. Vote no to this zoning change and stop this developer from ruining Colleyville. The Residents of Oak Creek Estate ~, ~ ~ ~~" t l`" ~: ~..` .~ 1~~C~IVED 8~ .,,.,.,..,,,. September 25, 2008 Ca-. ' `~ a~5o a s C-~• r ~~ ! . i ~ ~ `~ ~~~ ~~~~~ ~ ~~ ~~ ~:~ Page Two s~ ~ ---r Am Shelley _ _~_~ From: ~~ Sent: Monday, August 18, 200810:41 AM To: Amy Shelley Subject: Zoning Case # Z-08-018 Commission, I would like to once again oppose any type of "Planned Unit Development" at this location. Most of my homes living area and windows face toward the location in your notice. I am sure my property value would suffer and it would not be as appealing to prospective home buyers as a result. Thank you, Anthony Przano MACILEY REAL ESTATE TRUST 2800 Glade Road Colleyville, TX 76034 City of Colleyville August 19, 2008 Planning & Zoning Commission 100 Main Street Colleyville, Texas 76034 Dear Members, This letter is in response to the sign placed on the corner of the property on the southwest corner of Hall-Johnson and Pool Road requesting a zoning change. Maciley Real Estate Trust is a Trust that has purchased several properties in Colleyville, including 5810 Pool Road and 2800 Glade Road. We object to the proposed "condos" and commercial office space that have been presented by a developer in anon-transitional area. The City of Colleyville should stay focused on zoning approvals that are going to increase our tax base for the City, not just for the sake of development. The Trust has been purchasing properties in Colleyville in hopes that the City would be interested in larger estate property developments. if the City of Colleyville continues to make approvals, like the Heritage Development, then Maciley Real Estate Trust cannot support buying real estate in Colleyville as the City is not interested in increasing property values. Regards, Maciley Real Estate Trust ~'~~' T~ Russell GTroy -Trustee Page 1 of 1 Amy Shelley From: Kevin Kline Sent: Tuesday, August 26, 2008 4:07 PM To: Amy Shelley Subject: Protest Against Zoning Case Z-08-018 Amy- Please register this as our written notification of protest against the zoning change request listed below. We are not able to attend any of the upcoming meetings but we are very much against this request to allow for 3.67 homeslacre on this site. Colleyville is nice because we have always required .5 acre/home lot. Zoning Case Number: Z-08-018 Applicant: Curtis Young Location: 5500-5700 Pool Road Property Description: Lots 1A, 2, 3 and 4, Block 1, Wildwood Estates Addition Present Zoning: RE-Residential Estate Requested Zoning: PUDR-Planned Unit Development Residential Thank you very much - Kevin & Megan Kline 2200 Welsh Circle Colleyville, TX 76034 8/26/2008 Page 1 of 1 Amy Shelley From: Gaye Wimmer Sent: Tuesday, September 16, 2008 1:58 PM To: Amy Shelley Subject: Fw: City Council Meeting 9/16/2008 ----- Forwarded Message ---- From: Gaye Wimmer ~ _ To: shelley@ci.colleyville.tx.us Sent: Tuesday, September 16, 2008 1:38:08 PM Subject: City Council Meeting 9/16/2008 City of Colleyville Council Members: My husband and I can not be at the public hearing tonight regarding the zoning changes for the corner of Hall Johnson and Pool Road. Unexpectedly my husband had to travel to Washington DC and I have to take care of our two small children. This does not mean that we are not very concern about the impact of the proposed development would have on our lives and neighborhood. I have met with Mr. Ward and Mr. Young three times, and have come to the conclusion that the proposed thitty- eight houses and three commercial buildings is too dense for this neighborhood. Traffic on this corner is hideous in the morning because alt of the parents dropping their kids offat three different schools along Pool Road. The flow of traffic is slowed by the twenty mile an hour speed limit, 7:30 am til 8:30 am, and then again from 2:30pm til 3:30pm. The city planner, Mr. Ruthven estimated just over 500 added trips per day to this intersection. I believe that this is a gross under estimation because Mr. Ward has included doctor offices for tenants. [think general traffic standards the city uses to evaluate this intersection is not sufficient to determine the impact of the traffic from this development. With the twenty a mile speed limit, coupled with people commuting to work and dropping their kids off at school, there needs to be a more detailed traffic study done. Mr. Ward is using the water overflow wash for the mandatory twenty-five percent green space the city requires for PUD zoning. I don't think this should be allowed. It is bad enough have the zero lot lines, but then to not have any green space were dogs and kids can. play. A drainage wash is a dangerous place for kids to play. The last issue that troubles me the most, is the water drainage itself. There is going to be seven to eight acres of building and asphalt in this development. What precautions have been taken to assure that the proposed drainage is sufficient? Mr. Duffy of the Planning and Zoning Committee ask for the engineering study during their meeting and there was not one. He was disturbed by this and so am 1. [think the city needs reevaluate the need to have environmental impact study before the zoning is change. If you don't get this one right, flooding could effect three other developments. The big issues I hope you consider for the existing neighbors is the effect of the value of our homes and quality of our lives. I believe that Mr. Ward's development would have a negative impact on both. Sincerely, Martin and Gaye Wimmer 5700 Winding Trail Colleyville, TX 76034 9/16/2008 Page 1 of 1 Amy Shelley From: Sean T. Lucart Sent: Tuesday, September 30, 2008 8:51 PM To: Amy Shelley Subject: NO to the CATALONIA DEV. Oak Creek neighbors are opposed to the Catalonia Development. It is dense and congested. This development is not consistent with our homes and would be detrimental to our neighborhood if it was constructed. Mr. R.E.WARD is looking for his own benefit and we would suffer as a result of this busy busy intersection. I am strongly opposed to this project. Sincerely, Linda Lucart 2504 Kings Court 10/ 1 /2008 From: Sean T. Lucart Sent: Tuesday, September 30, 2008 8:47 PM To: Justin Bass Subject: Disapproval of Catalonia Project Attn: Justin Bass Mr. Bass, I want you to be aware that I am opposed to the Catalonia building project. This project brings severe congestion to our neighborhood and is extremely dense. There would be 4-5 small and expensive homes positioned along my personal back fence. I would like to see this building project totally aborted. The office buildings would also create a hectic pace for our tranquil and calm neighborhood. This is not good for Colleyville. My neighbors are also in agreement about the negative outcome of such a dense and congested housing development. We are opposed. Sincerely, Linda Lucart (2504 Kings Court, Colleyville) r September i9, zoo8 `CT 0 1. ?Ou8 Attention: Colleyville City Council Members RE: Property located at Pool Road &Hall-Johnson Proposed Catalonia Subdivision Dear Council Members: My family has been a resident at z5o4 Kings Court in the Oak Creek Subdivision for ~3+ years. We have enjoyed the spacious housing developments in Colleyville as they provide a calm, peaceful and tranquil setting to live and raise a family. As you know, Mr. R.E.Ward wants to change the peaceful setting in which we now reside. His idea of cramming house upon house together in a small subdivision is not compatible and does not comply with the peaceful conditions of Colleyville. He even wants to include some busy offices on the borders to only increase the hectic pace of city living to make our living environment unbearable and congested. He does not have Colleyville residents' best interests, only those of his bank account. 1 cannot stand by and allow such a subdivision to be approved. It is unreasonable to expect us to now have to have four maybe five small expensive homes line up to our/my back fence and change the landscape of peaceful Colleyville forever. ! am in protest of this project and would appreciate your wise consideration regarding this matter. `~, _' If ~ If you would like to contact me by phone, you can reach me at (817) 545-3556• Thank you for your hard work and I trust you will be prudent and wise in this matter as you have demonstrated in the past. ~! ~ ~. ~. Linda A. Lucart Sincerely, Resident, Oak Creek Estates (z5o4 Kings Court, Colleyville, TX) Page 1 of 1 Letter of Support Amy Shelley From: Mark Humiston Sent: Monday, September 01, 2008 10:16 PM To: Justin Bass; Amy Shelley Cc: 'Rob Ward' Subject: Colleyville Zoning Request at 5500 Pool road Ms. Shelly & Mr. Bass; Regarding the proposed zoning change for the 4 parcels at the Southeast corner of Hall-Johnson and Pool roads: Previously, I had signed my name to a petition opposed to the zoning of the parcels from current RA to PUD. I have given further thought about the proposed zoning change and possible future developments, and at this time wish to change my position. Please REMOVE my name from the opposition petition. At this time I do no wish to go on public record as opposed to the zoning change request. Mark Humiston 5501 Dusty Ct. Colleyville, TX 76034 (H)817-545-8019 (M) 817-681-8019 9/2/2008 ~: Statement of Planning Objectives CataConia Co~CeyviCCe, Texas Statement of Planning Objectives: Catalonia is a proposed mixed-use development by PHJ Equity Partners, LLC ("Developer") utilizing the City of Colleyville's Planned Unit Development (PUD) regulations. The entire property consists of 10.4 acres located on the Southwest corner of Pool Road and Hall-Johnson Road ("Property"). The Property is currently zoned Single Family `Estate' Residential and is occupied by one residential home facing Pool Road on the southern portion of the Property at 5500 Pool Road.. The Future Landuse map currently has the Property designated for future Single Family Residential. The Property is surrounded by a variety of different land uses and zoning. The Property is adjacent to Oak Creek Estates along the entire West boundary line. Along the South boundary line is one estate home with an existing creek serving as a natural buffer between the two tracts. Compass Christian Church is adjacent to the North boundary line of the Property immediately across Ha11-Johnson Road. Finally, the Property is adjacent to the City of Grapevine along the East boundary line. Currently, a television station and a day caze facility occupy the commercially zoned property within the City of Grapevine to the East immediately across Pool Road. The Grapevine commercial property (television station) is currently for sale and has sufficient space to add another commercial building in the future if desired. The Property currently consists of four (4) different tracts awned by two different owners. In addition, the Property is part of a defined subdivision known as Wildwood Estates which includes the estate home previously mentioned on a fifth parcel of land along the South boundary line which is not part of the proposed development plans. The subdivision of Wildwood Estates includes an existing set of deed restrictions that effectively limits any further dividing of lots within the subdivision among other restrictions. However, the Developer has obtained exclusive approval from all property owners (unanimous consent) within the subdivision to remove the deed restrictions at the time of purchasing and closing on the Property. The Property is located on the Eastern-most boundary of Colleyville providing a unique opportunity to brand the Southwest comer of Hall-Johnson and Pool as a distinct entrance to Colleyville. Catalonia includes a combination of landscaping/greenbelts, distinct signage, and architectural elements that will ultimately serve as an unmistakable landmazk and recognizable entrance to Colleyville. In addition to uniquely branding the entrance to Colleyville, Catalonia will serve as a logical transition into the existing residential neighborhoods of Colleyville. The proposed plan for Catalonia includes luxury office space on the corner of Hall-Johnson and Pool transitioning to single-family residential on the South and West portions of the development. As proposed, Catalonia consists of 31 residential single family lots and 3 commercial lots with additional open space throughout the development. The commercial portion of Catalonia is ~E~E[~'~ ~8C accessed off of Pool Road, while the residential portion provides access to both Pool Road and Hall-Johnson Road by utilizing a single street to make the connection. The proposed design of Catalonia utilizes the natural features of the Property to create an environment ideal for a sense of community and casual recreation. Catalonia preserves the natural creek that runs through the Property by designing the residential in a manner that will leave the creek and surrounding area undisturbed. In addition, the design of Catalonia preserves select native trees by maintaining natural grades wherever possible in dedicated open spaces. Catalonia also provides a dedicated landscape buffer along the Western boundary ranging from ten (10) to twenty (20) feet in width providing a more effective transition into the existing residential homes in Oak Creek Estates. Finally, Catalonia will utilize select detention areas as constant-level water features primarily between the residential and commercial portions of the development and as an entry feature to the single family homes. , Catalonia is designed to serve as a distinctive entry to Colleyville that will ultimately add economic value to the City and the surrounding azeas similaz to our previous developments in Colleyville such as Rockrimmon, The Fountains, and Copperglen. Proposed Ownership: Catalonia as proposed will contain public streets and be managed by a homeowners association (HOA) for the residential portion of the development and a property owners association (POA) for the commercial portion. All common areas, residential front yards, and commercial landscaping will be maintained by the two associations. Development Schedule: Development of both the commercial and residential portions of Catalonia will commence after the approval of a final plat and will be constructed in a single phase. Construction of both homes and office buildings within Catalonia will begin after acceptance and approval by the City of Colleyville. Economic Development Information: Catalonia will have a total of thirty-one (31) homes and three (3) office buildings. The residential homes will have an average value of $600,000 and the office buildings will have an average value of $1,200,000 resulting in an overall taxable value in excess of $22,000,000. Assuming the current tax rates of the City and the Grapevine-Colleyville 1SD, Catalonia would generate an estimated $362,000 of taxes annually with approximately $78,000 going directly to the City of Colleyville each year after construction is complete. Development Standards Summary: 2500 SF minimum or approval required 1 S' front setback unless otherwise approved, 10' to 20' rear setback depending on specific lots and proximity to landscape buffer, 7' & 3' side setbacks ^ 80% of exterior will consist of masonry materials ^ No artificial stone or synthetic materials ^ Wood, wood clad, or vinyl clad windows with a simulated divided light or external grid pattern only on all windows visible from the street. No aluminum windows. Windows not visible from the street can be vinyl with a brick mold surround ^ Minimum roof pitch shall be 10 ft. of rise to 12 ft. of run anywhere ^ Visibility of all stacks and vents from street must be minimized ^ Roof materials and color require sample panel approval ^ All chimneys must be brick or stone ^ All garage doors must face side lot line and be wood clad "coach" variety; Front-facing garages will be approved on an individual basis ^ 8ft tall front entry doors ^ At least 80% of roof plate must be l Oft or higher ^ All mechanical equipment must be placed in 7ft side yard and screened from public view or placed on 2nd floor mechanical deck ^ Driveway placement, dimensions, and material must be approved prior to construction; Driveway material must incorporate the use of enhanced paving or masonry accents and obtain approval prior to conshuction ^ Public sidewalks, where required, must be Sft wide and run uninterrupted 4 '/Z ft from the back of the curb and parallel with the back of the curb ^ Fencing: All fencing along rear lot lines and between lots must be 8ft cedar with cap and placement approved prior to construction; Approved wrought iron only on street-visible fences and adjacent to open space. ^ All retaining walls require approval prior to construction ^ Landscape plan must be approved prior to installation Traffic Impact Analysis: T'he Developer is requesting a waiver from the requirement to conduct a traffic impact analysis due to the fact that Catalonia is estimated to generate less than 1000 trips per day. MASTER PLANNING August 14, 2008 Neighborhood Letter RBANDESIGN ARCHITECTURE LANDSCAPE ARCHITECTURE SAGE GROUP, INC. Mr. & Mrs. Sean Lucart Mr. & Mrs. Andre Wullaert Mr. Mark Humiston Residents of Oak Creek Estates Colleyville, Texas 76034 Re: Catalonia Ladies and Gentlemen: T}~ank you for your ongoing help and efforts, and willingness to work with us to create a high quality development on the currently vacant property at the southwest corner of Hall-Johnson at Pool Road. While we understand that homeowners would often prefer adjacent properties to remain undeveloped, when development does occur it is our aim to cI•eate a plan that will be acceptable and beneficial to all of our surrounding neighbors. Therefore, pursuant to the agreements reached and finalized at our meeting last night, I would like to formally list the items discussed, indicating the commitments the developer is willing to make to address your concerns, and your acceptance. These items address proposed requirements to be placed upon all the future lots backing up to your existing homes in Oak Creek, as well as a couple of special requirements to address the unique conditions present along the rear of the Lucart and Wullaert properties. Should you confirm your agreement, we will voluntarily ask that these items be added to our PUD-R zoning application, and should this zoning be granted as proposed, they would all be requirements of that zoning, enforceable by the city. Specifically, the agreed upon requirements are as follows: 1. A minimum 20' Building Setback/ Landscape Buffer along the rear of all future lots adjacent to Oak Creek Estates (Adjacent Lots). 2. Two 3" caliper evergreen shade trees, with an approximate minimum height of 14' shall be installed in the rear yards of all Adjacent Lots, within 10' of the common property line. 3. Along the rear common property line of the Adjacent Lots, and in coordination and agreement with each of the neighboring homeowners, either the existing fence will be retained or new cedar fencing with metal posts, a board face and a solid wood cap shall be installed prior to the construction of the new homes. A new fence shall be installed with the "finished" side toward the yards of the Oak Creek neighbors. Such fencing will be a minimum height of 8', measured from the existing grade along the property line, except along the I•ear of the Lucart and Wullaert properties, where a greater grade-change differential requires a 10' minimum height fence to achieve a similar screening. 1130 N. CARROLL AVENUE - SU17E 200 SOUTHLAKE, TEXAS 76092 TEL 817.424.262b FAX 817.424.2890 4. No rear (West) facing, transparent "view" windows shall be installed on the second story of any home built within the Adjacent Lots. Transparent "clerestory'' windows (minimum height of 8' from the floor of such second story) or non-transparent windows (e.g. a frosted window, allowing light in but not a view out) below the 8' height would be allowable. There would be no restriction to windows on the first floor. 5. The three most northern of the Adjacent Lots (those closest to Hall-Johnson Road) shall be restricted to one-story only. Two story homes shall be allowable on all other lots. It is our hope that this letter clearly states our mutual agreement and intentions to continue to work together i.n creating a wonderful development for this area of~ Colleyville. We would appreciate a confirmation back indicating your acceptance to these conditions. Thank you. Sincerely, ._.. Curtis W. Youn AIA On behalf of REWARD DEVELOPMENT, LI~C, developer RE~ElV~`i3 PBP ,...........~ Small Lot Development Comparison Subdivision Lots Min. Width Min. Depth Min. Size Ave. Size Densi Acres Open Space Approval Date Villas of Caldwell Creek 43 59 115 6594 7,408 3.7 dua 11.6 18.3% 4.1.97 Bridges at Riverwalk 32 56 106 6001 6,479 3.0 dua 10.0 24.0% 12.21.99 Riverwalk at Colleyville 53 60 115 6331 7,666 3.2 dua 20.0 20.0% 4.4.00 Rosewood Villas 53 59 110 6482 6,899 3.6 dua 14.8 21.4% 8.8.01 Emerald Park 72 60 120 7200 7,508 3.5 dua 20.2 19.6% 10.1.02 Tiffany Park 25 60 100 7200 7,580 3.5 dua 7.2 20.0% 10.21.03 Tuscany 35 60 110 6600 7,878 3.9 dua 8.8 6.6% 2.17.04 Cambridge Park 38 50 58 4500 5,300 4.2 dua 9.0 22.0% 7.6.04 Copperglen 22 55 105 5924 6,650 3.9 dua 5.6 20.0% 10.17.06 Spring Gardens Townhomes 45 36 70 2520 2,700 8.0 dua 5.4 31.3% 12.17.96 Heritage Oaks Townhomes 124 30 90 2700 2,787 5.5 dua 22.9 25.0% 03.21.06 Villas at Oak Pointe -Single Family Detached 49 56 95 6440 7,226 3.6 dua 13.6 22.0% 08.02.06 Villas at Oak Pointe -Townhomes 25 30 90 2700 2,850 4.2 dua 6.2 22.0% 08.02.06 Villas of Colleyville 67 59 115 6655 8,936 3.4 dua 19.8 21.0% 08.21.07 Enclave at Arbor Estates 16 65 120 8700 9,350 2.9 dua 5.6 19.3% 09.18.07 Creekside at Colleyville 269 50 105 5000 7,257 2.4 dua 108.5 20.0% 11.27.07 Somerset Manor 67 50 & 60 100 & 110 5000 5,500 & 7.200 3.67 dua 18.2 20.3% 05.06.08 Permits Issued as of 8.19.2008 Subdivision Lots Permits Villas at Caldwell Creek 43 41 Bridges at Rivenvalk 32 32 Riverwalk at Colleyville 53 53 Rosewood Villas 53 53 Emerald Park 72 72 Tiffany Park 25 25 Tuscany 35 32 Cambridge Place 38 10 Copperglen 22 2 ~~ Zoning x i~,~ ~ ~ ~ ~ ~ ~!!}1~~.~ 1y ~p~ ! 1y ~ ~! ~ 8p. ~~~S r%~~~N NM! g c V~~ { ~~ ' j k t 9 1~~~~~,EF.•;d iF~~~~{~~~I~~i)~?}~~~ N~ I ~~~ 3 ~ 3f~~m ~~ ~ tv sk }'~ `yy II~~pp p`Ei }~~'pp' p`}I' ~p'~` ~~ ~ ~~ ~~m pp sag ~~~ ~ ~~rf~:e~il~i~~ ~i}:f l~1~1~ ~~ ~! 6i1 L5 l~11: !} 1 ec w m oe S ~ ~ ~ m' o o ~ J 3f i y 1 i I .~ ~' I I I ~ ~~ i' ~ ~ d~ ' u. '. ~ \ ~ _ _ ~~ -- . _ a~ r. _ -, r x._ ~ ~ f %~ ~~'~ ~ '~ \ A~'tT '. '~i.~. ~. - ~~ 41i s a.. `.,. ~~G ~ ~ V /~/ ~~.r = ~ , i ~ ~ I '~ ~ 1~ t.~, r '~ 1 ~, i 99 (" ~~ ~~ ~~4 ~- a ~~ ~ r Q, - ~' ~ ~y . ~ , ~. m --r ~ io 4 I .1 ~` i ~ ,-~ ~ g ~ rnls~~ ~: °: } 9.: ~ I I ~ ~I ~' x 41 ~ I _ ~ 5 € 's _ v~ a l ~ fV .._ a 1 r- 3_ ~ -,~ -1- - - -- -• - - -1 ~ i ~ ~ ~ ~ t ~ I @ / ,, I / ,r / I ~ ~ , m R ~~ ~ ~ ~ ~ ~/ I ?~ ~ _ ~ ...~_~~_--F~{I ~~ -~ '~~~ .... _ ~ ~ ~ ~ _ ~ ~ ~- v. ~? I ~~ F- _ _ .~ ..- ~ - _, ~ ti ~ ( p}'~ `~'~f ~~ 'f I ~1~1 ~~ ~ R f ,. ~ ..{ ~~~~~ .-,-~~~ ~~ ~ ~ ~~ ' ~~ ice. j ~~ I ~5 9~ ., ~~dp ~ 4' V~ p~ ~ E~ ~i~~ ~ t ~ ~ a ~' ~ ~ ~ ~ I a ~ +x ~r _. I I I ~ ~ r ,_, ~. ~ r .~ - .. ~ ~ I~~~._ _ ... _ - ~ ~' F ,<. ,~) i ~ ~ w ~ i ~ -- i .~ I ~ ~ _ 9~ U .~~~~~ Y~~s ~~~~ ~~;~~ ~~ p~~ i;~~ ~~~ ~~~A ~~~~ ~~~~ ~~~~~ ~~~~ ra~~~~ ~~~~~ ~~p~ ~ R#p#p ~X ~~~~~ .~~9~~ ~~~ ~~~~ ~ ~~~°~ '~ ai .~o U S ~ m. c~ Entry Exhibit ~~ .~,. ~ ~,,~ ~ - ~ ,,,,.> r.t~ d~ ~ Y~~.r ~ ~ _„ 0 ~ ~ ~,_ ~ ~ r ~ '~ '. i -,a; _ ~ ,,., '~ fir,, ~:1 f ~ ~<~at -~ 1 . ,t'%~~' '' ~ ; ark-,,.~~- t r i -ter r ~~ , g 4r1 ~. ~~ ~7 -r ~~ r.~r ' W ~~ ~ '^~ ,~* y `~ u~ ~ ' t ~ ~^ y~ `, t~er„ ~ ~ 1 OC ELI `~ .. c~ ~ j -.... w ~~ ~- d ~ ~ ~ :.'~ -eta' ~'" ~ 2 ~ 3, ~ ~ ~ ~ ~'^~ ._a '' ~ ~ oU " -=~ ~ ~o Q ~ ~ ~ 0 0~ r: ~ ~ -~ ~'- ~ . ~--~--, :I ,. t z 2 ,,, ~a ~ . ~.:~ ~~e a r ~s ~ , `~ ~~ 1 -~---~ ,~K. ~~ i.----.~ ~... i ~~ ~ ~# ~--_..L -fir '~ ORDINANCE 0-08-1696 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 10.4 ACRES ON LOTS 1A, 2, 3, AND 4, BLOCK 1 OF THE WILDWOOD ESTATES ADDITION, FROM THE RE- SINGLE FAMILY ESTATE RESIDENTIAL ZONING DISTRICT TO THE PUDR- PLANNED UNIT DEVELOPMENT RESIDENTIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for a rezoning under Case No. Z-08-018; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan, designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration 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 Ordinance 0-08-1696 Page 2 of 7 property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of approximately 10.4 acres on Lot 1A, 2, 3, and 4, Block 1 of the Wildwood Estates Addition, from the RE-Single Family "Estate" Residential zoning district to the PUDR-Planned Unit Development Residential zoning district, as depicted on Exhibit "A" and described in Exhibit "C". Sec. 3. THAT the Official Zoning Map of the City of Colleyville be amended to incorporate the zoning change approved herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDR is for a single-family residential development of detached dwelling units, constructed at a gross maximum density of 3.7 dwelling units per acre and three commercial lots. b. Any buildings constructed on the commercial lots shall meet all requirements for new commercial construction in the Land Development Code, except where amended herein. c. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this ordinance. Ordinance 0-08-1696 Page 3 of 7 2. CONCEPTUAL PLAN AND PLATTING a. The subdivision shall be generally consistent with Exhibit "B", which shall not be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit "B" to accommodate topographic, drainage or other conditions. b. The developer shall submit and receive approval from the City, a Preliminary and Final Plat, approved as a single phase, in accordance with the requirements of the Land Development Code prior to development of this PUDR. 3. PERMITTED USES a. Single-family residences, detached b. Common open space areas c. All uses permitted in the CPO-Professional Office Commercial zoning district, with the inclusion of physician, dentist, optometrist, and chiropractic uses, only on the property designated as commercial on Exhibit "B". 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by Exhibit "6", shall control where such building line setback is different from the following requirements: a. Minimum Lot Size b. Minimum Lot Depth c. Minimum Lot Width d. Front Building Line e. Side Building Line f. Minimum Building Separation g. Side Building Line Along Street h. Rear Building Line 6,400 square feet 115 feet 56 feet at building line 15 feet 3 and 7 feet 10 feet 10 feet 10 feet, 20 feet for lots that back to the western edge of this development Ordinance 0-08-1696 Page 4 of 7 5. OPEN SPACE a. This development shall provide a minimum of 26.4% common open space, as shown on Exhibit "B", which shall be for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space amenities shall include two benches to be located as shown in the attached Exhibit "B". c. Open space may be utilized for storm water retention not to exceed 25% of the common open space area. 6. PRIVATE SIDEWALKS AND STREETS a. Sidewalks along lot frontages shall be constructed by each homebuilder. All sidewalks shall be constructed in accordance with the requirements of the Land Development Code. b. The walking paths located within the open space areas shall be constructed of concrete. c. All street right-of-way and pavement widths shall meet the following requirements: the minimum right-of-way for streets shall be 50 feet and the minimum pavement width for street shall be 31 feet, measured from back of curb to back of curb. 7. SCREENING a. A minimum six (6) foot tall masonry fence shall be constructed along the northern residential lot boundaries adjacent to Hall Johnson Road and along the eastern residential lot boundaries adjacent to Pool Road, Lots 1 and 12, Block 1 and Lots 1 and 19, Block 2, as depicted in the attached Exhibit "B". b. A minimum eight (8) foot tall masonry panel fence shall be built along all rear residential property lines, Lots 1-12, Block 1, adjacent to the commercial lots as depicted in the attached Exhibit "B". c. An eight (8) foot tall cedar board on board fence shall be maintained or built along the western property line of the development from Lot 6 to16, Block 2, as depicted in the attached Exhibit "B". Ordinance 0-08-1696 Page 5 of 7 d. At the developer's discretion, Lots 17, 18, and 19, Block 2, as depicted in the attached Exhibit "B", may either be constructed with a ten (10) foot tall cedar board on board fence along the rear property line or with an eight (8) foot tall cedar board on board fence and a third tree within ten (10) feet of the common property line, as described in Section 8(d) of this ordinance. e. A six (6) foot tall wrought iron fence shall be constructed along the rear property lines of Lots 1-5 and side property line of Lot 6, Block 2 and along the west property line of Lot 2 and south property of Lot 3, Block 2 as depicted in the attached Exhibit "B". H. OTHER a. Retention ponds shall include at least one aeration device per pond. b. The commercial properties, as depicted in the attached Exhibit "B", shall have a minimum front setback along Pool Road of 25 feet. c. The 20-foot rear setback along the properties adjacent to the Oak Creek subdivision shall include a minimum 20-foot landscape buffer. d. Two minimum 3-inch caliper evergreen trees, with a minimum height of 14 feet, shall be installed in the rear yards of all lots adjacent to the Oak Creek subdivision, within ten (10) feet of the common property line, prior to issuance of a building permit on the associated lots. e. Westward facing windows shall not be allowed on the second floor of any residence to be constructed on lots adjacent to the Oak Creek subdivision. Exception will be granted for transparent clerestory windows (minimum height of eight (8) feet from the floor of such second story) and non-transparent windows. f. Lots 17-19, Block 2, of this PUDR, as depicted on Exhibit "B" labeled Conceptual Site Plan, shall be restricted to one story residences. All other lots may construct two-story residences. g. The developer shall construct an entrance marker at the northeast corner of the development upon completion of an entry way and way finding study. The marker shall meet the design specifications as required by the entry way and way finding study. h. Exterior building materials shall be composed of a minimum of 80% masonry with no artificial stone or synthetic materials. All chimneys must be made of brick or stone. i. The minimum roof pitch shall be constructed at a 10:12 ratio. j. All mechanical equipment shall be screened from public view. Ordinance 0-08-1696 Page 6 of 7 k. Residential driveways shall incorporate the use of enhanced paving or masonry accents. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2008. The second reading and public hearing being conducted on the day of 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor Ordinance 0-08-1696 Page7of7 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map ~, 5606 v' 3403 2407 2501 5807 1 5901 5804 5802 5805 3803 2E00 2404 2405 2500 6800 3603 qG. M .5~~ 250P City of ~ ~ ~ 25.E _.~~+~.,~r:~ Grapevine 5D Site 5704 5700 25~ 250 2305 2505 2505 2509 2504 5702 S 5504 5700 2 301 2503 fl 5000 d003 5500 sEOa REEK51 3603 2400 2402 2404 5E 02 _~- 2aoe Soap s5o1 RE 55uu 5506 5509 2401 2403 2407 1403 5505 5507 3505 5504 QU Y 2aoo 2ao2 zao4 2aae 5503 5~eo 5502 5500 5501 2401 2403 2407 2502 2504 2506 2600 2002 1E D4 2405 2408 --__ i zaDD zao2 2aoa 2aoa 540E 5405 5400 5405 2501 2409 5404 5404 5403 5404 5403 9 2401 2ao3 2aos ao3 z7oz~ noa lz6~o leoz Izeo4 I2soe ~2eoe ~z9oo ~' 2703 2705 5500 1605 2807 2800 2801 5402 1700 2702 2600 2602 PUDR 2604 2709 5400 270" 2801 I6 DE 2803 2606 5310 5311 2605 2900 5908 5309 2807 3902 5308 Exhibit "B" -Conceptual Site Plan ~.. J ~... 1 >:; :;i Iii -~ x cst ~+ i 1 ~~ ~ ,_ ,5 i ~ s i~ i i i <<; i t i i( (~' 7 ~ - t ~' fi 4~ i ~' ~~ i r_ _. i Exhibit "C" -Legal Description Giilalonia DESC:RIFT[U` ()1~' PRU['I:~R'1`Y: [i1<1NG a 1Q.3~)Ei arse trarE of anti situated in the S.C~'.H. Witten Survey, Abstract No. 17fi0,'1'arrant County, "Texas, said tract brink t- pc>rtar~ c.7f that carne tract oi' land ct~nveyid to Richard Baca Jr. anti f atrieia Baca by deeds as recorded in Volume 719(), Page 53C and in Tarrant County Clerk's Instrt~mint Vtrrtrber (T.C.C.I.No.) U?OS2~(37~~ caf`the lleed Records of Tarr~uu County, Texas (D.R.T.C.T.), said tract. aEsc~ being all rrt that 5trrne; tract oi' Land c;on~~eyeci }3illie Joyce Sanders trustee of The 13illic Joyce. Sanders Separate: l'rapc/rty `I"rust. by decd as recorded its ~1'.C.C.LNo. t)2Gti(?rJ65()~ of the D.fZ.T.C.T., said tract also being afl of the rr.rnaining portion of [.~~ts l thru d, I3loek 1, Wildwoad Est.atefi, being an addition to the City of C'o(leyviile, according to the; L~lat thereof recorded in Volume 3R$ i~>, Page fi7 c>f the Flat Re.cortls of Tarrant County, Texas (1?.R.'t".C `['.;i said tract bring herein n-rirre f.>artictrlarlydtscribed by rnrtes <<nei hounds as follows: 13EG1T~tiI~IG at a'~'i:' iron rod with cap stamped "1~tOAK" fotErtd at the southeast trropea~ty corner of the said i_.ot ~1, saki beginning point being the northchst propor•ty cornr.r of Lot ~, 131ock 1, of the. saki Wilele+~~ood E:stato5, said begi~aning point also being. ore the west. right-of-way lint of 1'c~ol Read, being a v<<riable width right.-of-wtiy; '~l'HENC-I South ~9''2O'~6" West, along the south prol.~e-rrty line of` the said 1_ot =1 and afe~ng thc~ not•th property lint. of tiro stud I.at 5, 4~1,5£i feet to a riz" iron rod found at the southwest prope;riy corner of the said Lot 4, the north«~est prcrpe.rty earner c~fthe said T.ot ~ and at the east proz~erty line of Blc~ek 1, C)ak Creek Estates, being an ~~ddition to the: City oi' C'olleyville acrorcling to the plat thereof reeordecl in ("abinet r~, Slieie ?7H of the 1'.R.'1".C:.'T'., 'T[ilNC.E North. ()0"00'10" Wilt, along the wt;.st property lines of'thr said Dots 4 ttrnr 1 and along the. said easC prc;l trrty iiri e>f T31ock I, Uttk Crock .Estates. 959.1 ~ trct to'->" iron roci wittt cGtp stan~pc.:d "SP()ONER AND r1SS()CC~'1'I'l;S" ('ii"C'lFtS) set at the n~:>rttrwest tiroperty corni~~ of the rc,rnaindc~r of the said ~E3lock 1. Wildwood Cstates, saic! paint Ming t~m the south right-t)f-wCiy li-~e C>f I-i€tll-Ji~hnson Road, being a variable width right-eft-way;. "['H1/NC;za NtartE~r ~9"26'35" East, alprtg the. north property line of the stud renrait~drr of Chock I, ~Viidwooci E~,~tatr.s and. along the .said south right-ot-way line e>f Hall-Jc7hnscm road, 71..15 feet to a'/z"C1kS; Exhibit "C" -Legal Description (continued) `['H1tiC'f1 North ~38`~"L'S1" 1~ast, cUntin:uin~; alc~r~~ iV~e said prt~perty line and said right-of- way line, '?~c).8$ feet tU a 5/g" iron rod. with calz statrrped "C;(Jk2Rf)Nl~t:)NA" ft~uEr~1 i'or corrt~r; '1'Hl~('E St>ctth ~46J(}~'3t) E~,ast, cantinuin:f along the said pn~perty tine and said right-c,;'- way line, t~10.2f~ fe.ct to a 5/h'' iron rc~d ~ti=ith cap stan7ped "CiURRC)NL~UNn" foculd Ott the nurtkaeast property corner caf tktc said retttaincier of F31ock 1, VUild~vood Estates, sac`€ pc`~int being on the said west. right-of-way line of Pool Road; THG'``C'E Sc~itth ()0" ~l'll' Last, along. tt~c east property line of the said rcmaindc:r of I3kock I, ~tiildwood Estates ;;ind ~rlong tttc said west right-of-way line: of Pool Roarl. BED=k.70 feet to tl~c Poirll crf E3eginnin5 containing 1().:3t)Ei acres (~1~?,~47.2 5t1. I~t.) of bind ttu~rc oc• hiss. ,, ~~ City of Colleyville 100 Main Street ~~ Colleyville, Texas 76034 ~~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Status: Reports Version: 1 Requester: Office of the City Secretary Agenda Date: 10/21/2008 Agenda No.: 9 File Name: Reports -October 21, 2008 Controlling Body: City Council Final Action: Attachments: Sign Board of Appeals Minutes -April 29, 2008 Parks and Recreation Advisory Board Minutes -June 2, 2008 Zoning Board of Adjustment Minutes -August 12, 2008 Senior Center Advisory Committee Minutes -August 21, 2008 Joint City Council and Planning and Zoning Commission Minutes -September 4, 2008 Planning and Zoning Commission Minutes - September 8, 2008 History of Legislative File Version: Date: Acting Body: Action Text: 1 10/21/2008 City Council Title Sign Board of Appeals Minutes -April 29, 2008 Parks and Recreation Advisory Board Minutes -June 2, 2008 Zoning Board of Adjustment Minutes -August 12, 2008 Senior Center Advisory Committee Minutes -August 21, 2008 Joint City Council and Planning and Zoning Commission Minutes -September 4, 2008 Planning and Zoning Commission Minutes -September 8, 2008 City of Colleyville Page 1 Printed on 10/16/2008 ` ~ `_"' ~ City of Colleyville f~ Minutes -Final City Hall 100 Main Street Colleyville, Texas 76034 817.503.1000 r::~•~~ Sign Board of Appeals www.colleyville.com Tuesday, April 29, 2008 7:15 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on April 29, 2008 by 7:30 p.m. 2. ROLL CALL Present: Board members Lisa Kenney, Skip Reynolds, Ed Moore, Rich Munson, Dee McNosky and Jim Gotcher (Alternate 2) Absent: Board member Kevin Sams (Alternate 1) Staff present: Ron Ruthven 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Moore moved to approve the February 12, 2008 meeting minutes as written. Board member Reynolds seconded. The motion carried by the following vote: Aye: 6 - Kenney, Reynolds, Moore, Munson, McNosky, Jim Gotcher, Alt. 2 Absent: 1 -Sams, Alt. 1 5. AGENDA ITEMS 5a Case A-08-004 - Request for a variance from the regulations of the Colleyville Land Development Code regarding banner sign requirements on Lot 3, Block 3 of the Village Park Addition located at 4913 Colleyville Boulevard Ron Ruthven presented the case and briefed the Board members. Board member Reynolds stated B-B-Q places have banner signs. Chairman McNosky opened the public hearing at 7:35 p.m. Mary Rodgers, representing the applicant, came forward to present the case and brief the Board members. She stated there is a hardship City of Colleyville Page 1 Printed on 10/15/2008 Sign Board of Appeals Minutes -Final April 29, 2008 because the business sets off from the road. Board member Reynolds concurred with Ms. Rodgers and stated the City should support the businesses that are currently located in Colleyville that support the tax base. Board member Reynolds stated he would like to see if this business could get their signs returned from the Code Enforcement department. He stated the businesses exist here for the people. He stated the businesses should not treated this way. He stated this business is a part of this community. Board member Kenney stated Code Enforement is making an effor to enforce the sign regulations. Chairman McNosky stated the language should read so that the applicant can rotate banner signs. Ms. Rodgers stated their signs will always be professionally made. Board member Moore stated he would like to see a time limit for the variance to be reconsidered after SH26 construction has been completed. Board member Reynolds replied 15 years or one year after the completion should be sufficient. Board member Moore stated two banner signs should be sufficient upon the completion of SH26. Board memer Kenney stated the life of the business should be considered and the variance should be tied to this business. Board member Moore concurred. Board member Gotcher questioned the Board if 15 years would be an appropriate time frame, what about the life of the business? Chairman McNosky stated the two banner signs with the size that they are for 15 years or the life of the business or one year after the completion of SH26. Also, be allowed to change the signs, of this size, for updates or new signs. Board member Gotcher stated also to keep the signs in good repair. Chairman McNosky questioned Ms. Rodgers if the conditions are acceptable? Ms. Rodgers replied yes. City of Colleyville page p Printed on 10H5/2008 Sign Board of Appeals Minutes -Final April 29, 2008 There being no one wishing to speak, the public hearing was closed at 7:45 p. m. Ron Ruthven replied a condition that could be added would be that the variance would expire at the change of the Certificate of Occupancy. Board member Reynolds moved to approve case A-08-004 with the following conditions: (1) Only 2 signs allowed, one 3' x 7' and one 3' x 9' (2) Signs must remain in good condition (3) The signs may be replaced with new signs if needed (4) Signs must be removed upon a change to the C of O of the business (5) The variance shall remain in effect for 15 years or one year after the completion of the expansion of SH26, whichever comes first. Board member Kenney seconded. The motion carried by the following vote: Aye: 5 -Kenney, Reynolds, Moore, Munson, McNosky Absent: 1 -Sams, Alt. 1 6. REPORTS AND COMMENTS Ron Ruthven stated to the Board that there have not been any cases received for the May 13, 2008 meeting, therefore, there will not be a meeting in May. Board member Reynolds stated he would like staff to locate the signs that were pulled by Code Enforcement. Chairman McNosky concurred. Chairman McNosky stated she would like give the outgoing members something for serving on the Boards. Board member Moore stated that Code Enforcement in this City is not acceptable. Chairman McNosky stated the code may need to be updated. Ron Ruthven stated the Engineering department is helping with Code Enforcement. Board member Moore stated the Police department should be involved as well. Board member Reynolds stated it is unnecessary for the destruction of the signs. City of Colleyville pays 3 Printed on 10/15/2008 Sign Board of Appeals Minutes -Final April 29, 2008 7. ADJOURNMENT The meeting adjourned at 7:50 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, April 25, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on October 14, 2008. City of Colleyville Page 4 Printed on 10/15/2008 Get Y of ~ Il~ Texas PARKS AND RECREATION ADVISORY BOARD MINUTES Monday, June 2, 2008 6:00 p.m. Steve Dalri called the meeting to order at 6:30 p.m. on Monday, June 2, 2008, at the Parks and Recreation Office. ROLL CALL: Steve Dalri, Franklin Hyde, Brian Estridge, Vince Rosen, Pat Horn and Councilman Tony Licata ABSENT: Peter Coyne, Deena Dendy, Councilman Mike Taylor, Charlie Warren, GCISD Liaison and Luke DeFilippis, Recreation Supervisor STAFF: Monica Walsh, Director of Parks and Recreation and Wanda Drexel, Administrative Secretary Call to Order 2. Approval of the May 5, 2008 Parks and Recreation Advisory Board Minutes Pat Horn moved to approve the May 5, 2008 Parks and Recreation Advisory Board minutes. Vince Rosen seconded the motion. The vote was unanimous. 3. Discussion and Consideration of Ordinance 0-04-1492. After discussion and consideration, Pat Horn made a motion to amend Ordinance 0-04- 1492 relative to fees and reservations for the use of park athletic and recreation facilities as follows: Ballfields: Game Fields, Section 2. Fees and Refunds e. A request for a waiver of the use of the 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 of waiver. Park and Recreation Advisory Board June 2, 2008 Page 2 of 2 Vince Rosen seconded the motion. The vote was unanimous. 4. Recreation, Athletics, Tennis and Seniors' Reports Monica Walsh, Director of Parks and Recreation, provided an overview of the current and proposed recreation programs and activities available to citizens of Colleyville and surrounding areas. 5. Park Operations and Capital Improvement Status Reports Monica Walsh, Director of Parks and Recreation, presented a status report on current projects. 6. Citizen Comments/Presentations Regarding Items not on the Agenda* 50t" Anniversary Drive In Movie -June 13, 2008 No July Parks and Recreation Advisory Board meeting. 6. Adjournment Pat Horn moved to adjourn at 7:52 p.m. Vince Rosen seconded the motion. The vote was unanimous. Respectfully submitted and approved: Wanda Drexel, Administrative Secretary <- ~'"=~~ City of Colleyville ~ ~_ ~' ~ Minutes -Final ~;,~;z Zoning Board of Adjustment City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, August 12, 2008 7:00 PM City Council Chambers 1. CALL TO ORDER The Zoning Board of Adjustments meeting of the City of Colleyville was called to order by Chairman McNosky on August 12, 2008 at 7:00 p.m. 2. ROLL CALL Present: Board members Rich Munson, Dee McNosky, Kevin Sams (Alternate 1) and Jim Gotcher (Alternate 2) Absent: Board members Lisa Kenney, Skip Reynolds and Ed Moore Staff Present: Ron Ruthven, Justin Bass and Sarah Coplen 3. PLEDGE OF ALLEGIANCE 4. APPROVAL OF MINUTES Board member Gotcher moved to approve the June 10, 2008 meeting minutes as written. Board member Munson seconded. The motion carried by the following vote: Aye: 4 -Munson, McNosky, Sams, Alt. 1, Jim Gotcher, Alt. 2 Absent: 3 -Kenney, Reynolds, Moore 5. AGENDA ITEMS 5a Case A-08-007- Request for a variance from the regulations of the Colleyville Land Development Code regarding fence height requirements in the front yard setback on Lot 4, Block 5 of the Western Trails Addition located at 7400 Windswept Justin Bass presented the case and briefed the Board members. Chairman McNosky opened the public hearing at 7:05 p.m. Dan Hetley, the applicant, 4808 Behrens Court, presented the case and briefed the Board members. Board member Gotcher questioned Mr. Hetley regarding if the new home is a home to be sold? Mr. Hetley replied yes. City of Colleyville Page 1 Printed on 10/15/2008 Zoning Board of Adjustment Minutes -Final August 12, 2008 Board member Sams questioned Mr. Hetley regarding the construction of the fence, stone columns with wrought iron? Mr. Hetley replied correct. Board member Sams questioned Mr. Hetley regarding if there is another house on the street that already has a fence? Mr. Hetley replied yes at the very end of the street, however, it is a one lot subdivision. Board member Gotcher questioned Mr. Hetley regarding how old is the home that has the perimeter fence around it? Mr. Hetley replied it is an older house. There being no one wishing to speak, the public hearing was closed at 7:09 p.m. Board member Munson stated there is no merit to this variance request. Board member Sams concurred and stated the builder can conform to the restrictions in the code. Board member Munson moved to deny case A-08-007 on the grounds that there are no mitigating circumstances that would admit an approval of this request. Board member Sams seconded. The motion to deny carried by the following vote: Aye: 4 -Munson, McNosky, Sams, Alt. 1, Jim Gotcher, Alt. 2 Absent: 3 -Kenney, Reynolds, Moore 6. REPORTS AND COMMENTS Ron Ruthven reminded the Board members that the case load has been minimal and that there would not be a meeting in September. 7. ADJOURNMENT The meeting adjourned at 7:11 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, August 7, 2008. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on October 14, 2008. City of Colleyville page y Prinfed on 10/15/2008 G~tY Uf ~ Il~ Texas SENIOR CENTER ADVISORY COMMITTEE MINUTES Thursday, August 21, 2008 1:30 p.m. The regular meeting of the Colleyville Senior Center Advisory Committee was called to order at 1:30 p.m. on Thursday, August 21, 2008 by Debra Minea, Chair of the Committee. ROLL CALL: Debra Minea, Wanda Johnson, Dorothy Parker, Jack Olsen, Connie Hampton and Patrecia Fox ABSENT: Lila Coley STAFF: Monica Walsh, Park and Recreation Director and Renee Garrett, Senior Center Supervisor Call to Order and Roll Call Approval of the July 17, 2008 Senior Center Advisory Committee Minutes Jack Olsen made a motion to approve the minutes as read. Connie Hampton seconded. The motion carried with a unanimous vote. Senior Center Advisory Committee August 21, 2008 Page 2 of 3 Discussion and Consideration of Senior Center Open Space Area Park and Recreation Director, Monica Walsh, gave an overview of the Senior Center Open Space Master Plan. Monica reported that in order to address both the current and future recreation and athletic needs of the City for the Senior Center open space area, there was a Senior Center Open Space Master Plan Committee established by City Council. The committee assisted in developing a Master Plan with a recommendation to the Senior Center Advisory Committee, Parks and Recreation Advisory Board and City Council. The member structure of the committee is as follows: Senior Center Advisory Committee • Lila Coley • Debra Minea Parks and Recreation Advisory Board • Pat Horn • Sheryl Black Grapevine-Colleyville Independent School District (GCISD) • David Kinney, Principal, O.C. Taylor Elementary School • Tiffany Green, O.C. Taylor Elementary School PTA member Newman, Jackson, Bieberstein, Inc. (NJB) provided professional services for the refinement of the plan to reflect program elements by City staff and the committee. There were several meetings with the committee to incorporate their ideas and those from surveys that were sent to seniors, citizens of the community and the surrounding neighborhood. There is $125,000 in the 2008 budget and funding of $300,000 has been approved for 2009. After consideration and discussion, Dorothy Parker moved to accept the Senior Center Open Space Master Plan as presented on August 21, 2008. Wanda Johnson seconded the motion. The motion carried with a unanimous vote. Connie Hampton made a motion to combine construction of the south loop trail with the north loop trail as the number one (1) priority. Patrecia Fox seconded the motion. The motion carried with a unanimous vote. Monica Walsh, Parks and Recreation Director, invited the seniors to attend the next Parks and Recreation Advisory Board meeting on Monday, September 8th at 6:00 p.m. At this time, the Parks and Recreation Board will consider the recommendation from the Senior Center Advisory Committee concerning the Senior Center Open Space Master Plan and make their recommendation to City Council. This item may go to City Council on October 7, 2008. Monica will report back to the Senior Advisory Committee after the Parks and Recreation Advisory Board meeting. Senior Center Advisory Committee August 21, 2008 Page 3 of 3 4. Discussion and Consideration of Senior Center Wish List Connie Hampton reported she could get the f lag free. Renee Garrett, Senior Center Supervisor, reported that the acoustical panels and baffles should be delivered and installed in mid September. Reports -Staff and Committees Jack Olsen - no report. Renee Garrett, Senior Center Supervisor gave an overview of the senior activities and programs. Renee Garrett said she would get Jack Olsen the directory so he could format it. Debra Minea then read the disclaimer she had been ask to report back on. It states: This directory is provided for the exclusive use of the Colleyville Senior Center and is provided to the attendees for their personal use only. Information contained herein is not intended to provide a prospect list for any goods or services. Users of this directory are expected to comply with this intention and keep the information in this directory confidential. This will be given to Lila Coley to insert into the directory. Sunshine Committee sent out five (5) cards in August. Dorothy Parker reported that she is in the process of working on welcome cards to send out to first time visitors. She needs people to write down their addresses when they sign in. 6. Citizen comments/presentation regarding items not on the agenda* No citizen comments. 7. Adjournment Jack Olsen moved to adjourn at 2:36 p.m. Connie Hampton seconded the motion. The motion carried with a unanimous vote. Respectfully submitted: J YCLrtal4_. ~ _ s~Ji`Ld_..4~'.0_~ Wanda H. Drexel, Administrative Secretary _"_'-'~~. City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 Minutes -Final 817.503.1000 "'`~" www.colleyville.com Joint City Council and Planning and Zoning Commission Thursday, September 4, 2008 6:00 PM Colleyville Public Library WORKSESSION 1. CALL TO ORDER The Joint Worksession of the Colleyville City Council and Planning and Zoning Commission was called to order by Ron Ruthven on September 4, 2008, at 6:20 p. m. Councilmember Tom Hart was present. Planning and Zoning Commissioners Scott Redfearn, David Phelps and Dave Dudziak were present. Interim Assistant City Manager Mike Johnston, Community Development Coordinator Ron Ruthven, Planner Justin Bass, Director of Parks and Recreation Monica Walsh and Planning and Zoning Assistant Amy Shelley were also present. Other attendees included: Mr. Paul Howard of Burditt Consultants, Anne Dyson, David Staley, Mora Brunken, Ginny Tigue, Curtis Young and Natalie Genco. 2. Presentation and Discussion Ron Ruthven welcomed everyone and introduced the City Council member, Planning and Zoning Commissioners and staff that were present as well as Mr. Paul Howard of Burditt Consultants. 2a Discussion regarding possible amendments to Chapter 5 - Tree Preservation of the Land Development Code Ron Ruthven provided information regarding Chapter 5 - Tree Preservation of the Land Development Code. Mr. Paul Howard, Burditt Consultants, outlined the services that would be provided with regards to possible amendments to Chapter 5 - Tree Preservation of the Land Development Code for the City and answered questions. There was general discussion regarding Chapter 5 - Tree Preservation of the Land Development Code. It was determined that amendments did need to be made with Chapter 5 -Tree Preservation and that staff would work with Burditt Consultants as City of Colleyville page 1 Printed on 10/14/2008 Joint City Council and Planning and Minutes -Final September 4, 2008 Zoning Commission well as City Council for those amendments. Ron Ruthven expressed appreciation to Mr. Howard for his presentation and the Planning and Zoning Commission, City Council and staff for the information and discussion. 3• Reports and Announcements by the City Council, Planning and Zoning Commission and staff 4. ADJOURNMENT: There being no further business, Ron Ruthven adjourned the meeting at 8:11 p.m. The meeting minutes were approved on October 13, 2008. Minutes taken and prepared by: Amy Shelley, Planning and Zoning Assistant City of Colleyville pays y Printed on 10/14/2008 ~_`_"-~~ Cit of Colleyville City Hall _ Y l 100 Main Street ~ Colleyville, Texas 76034 Minutes -Final 817.503.1000 ~.~;< www.colleyville.com Planning and Zoning Commission Monday, September 8, 2008 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on September 8, 2008 at 7:00 p. m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, David Phelps and Jeff Byerly Absent: Commissioner Duffy Staff Present: Ron Ruthven, Justin Bass, Jeremy Hutt and Robert McKeown 3. INVOCATION The invocation was given by Commissioner Dudziak. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Phelps moved to approve the August 25, 2008 meeting minutes with corrections to item 7b, page 7 to reflect 10 foot fence instead of an 8 foot fence as an option. Commissioner Redfearn seconded. City of Colleyville page 1 Printed on 10/14/2008 Planning and Zoning Commission Minutes -Final September 8, 2008 The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Duffy 6. CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None 7. PUBLIC HEARING AGENDA ITEMS 7a Approval of a replat of Lot 1 R, Block 1 of The Gardens Addition being Lot 1, Block 1 of The Gardens Addition and Tracts 3D1 and 3E1, Abstract 963 of the Absalom J. Survey located at 7011-7017 Colleyville Boulevard, Case P-08-029 Justin Bass presented the case and briefed the Commission. Commissioner Dudziak questioned staff regarding if anything can be built in the back portion that is zoned PUDC? Justin Bass replied staff has included in the ordinance to not allow any permanent structures in the PUDC. Commissioner Dudziak questioned staff regarding if a permanent structure would include covered parking? Ron Ruthven replied no structures would be allowed. Commissioner Byerly opened the public hearing at 7:03 p.m. Ty Thompson, representing the applicant, came forward to answer any questions the Commission had. Commissioner Phelps questioned staff regarding if all of the zoning for the properties have been approved and does any of the replatting have anything to do with that? Justin Bass replied the zonings have been approved and this is simply joining the two properties into one. Mr. Thompson stated to Commissioner Phelps that the building foot prints would not move. There being no one wishing to speak, the public hearing was closed at 7:05 p.m. Commissioner Knox moved to approve case P-08-029. Commissioner Clardy seconded. City of Colleyville page y Printed on 10/14/2008 Planning and Zoning Commission Minutes -Final September 8, 2008 The motion carried by the following vote: Aye: 5 -Knox, Redfearn, Clardy, Phelps, Byerly Nay: 1 -Dudziak Absent: 1 -Duffy 7b Approval of a request fora replat for Lots 8R-1 and 8R-2, Block 1 of the Heritage Office Parc Addition on 2.3 acres being Lot 8, Block 1 of the Heritage Office Parc Addition located at 5209 Heritage Avenue, Case P-08-030 Justin Bass presented the case and briefed the Commission. Commissioner Redfearn questioned staff regarding if any other changes, other than the moving of the boundary of the line lot, have been made since the Commission saw the previous case? Justin Bass replied there have been no other changes made. Commissioner Byerly opened the public hearing at 7:07 p.m. Paul Moss, the applicant, came forward to present the case and brief the Commission. Commissioner Phelps questioned Mr. Moss regarding the cross access has been agreed upon by the adjacent property owner? Mr. Moss replied it was pre-negotiated with the adjacent land owner and has been filed for record and will follow the deed for both properties through any transactions. Commissioner Phelps questioned Mr. Moss regarding if the stub out for the property? Mr. Moss stated there is only one loop that goes around the property, but there is access at the very back between the two properties. There is a fire lane access to the two properties. He stated the concrete that is already in place will not change at all. There being no one wishing to speak, the public hearing was closed at 7:10 p.m. Commissioner Redfearn moved to approve case P-08-030. Commissioner Phelps seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Duffy Cify of Colleyville Page 3 Printed on 10/14/2008 Planning and Zoning Commission Minutes -Final September 8, 2008 7c Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pumping Station Addition located at 4602 Bransford Road, Case Z-08-019 Justin Bass presented the case and briefed the Commission. Commissioner Byerly opened the public hearing at 7:12 p.m. David Washington, representing the applicant, came forward to present the case and brief the Commission. Commissioner Dudziak questioned Mr. Washington regarding why does the building have to be 29 feet tall? Mr. Washington replied for the big pumps. There are hoists required above the pumps for maintenance. Commissioner Dudziak questioned Mr. Washington regarding if a 5 or 6 caliper inch tree could be planted instead of the 2 or 3 caliper inch tree that is required? Mr. Washington stated it will cost more fora 5 inch tree than it will fora 3 inch tree. He stated they are willing to comply with the city ordinances and will be happy to forward the request to TRA. However, he stated he could not speak on behalf of their spending of their money on a tree, nor guarantee that TRA would be willing to spend more money on those trees. There being no one wishing to speak, the public hearing was closed at 7:17 p.m. Commissioner Phelps moved to approve case Z-08-019. Commissioner Clardy seconded. The motion carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Phelps, Byerly Absent: 1 -Duffy 8. STAFF COMMENTS, REPORTS AND DISCUSSION ITEMS None 9. COMMISSIONERS' COMMENTS AND REPORTS None 10. ADJOURNMENT The meeting adjourned at 7:18 p.m. City of Colleyville Page 4 Printed on 10/14/2008 Planning and Zoning Commission Minutes -Final September 8, 2008 I hereby certify the above agenda was posted on the bulletin boards at City Hall on Thursday, September 4, 2008 by 5:00 p.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on October 13, 2008. City of Colleyville Page 5 Printed on 10/14/2008 RESOLUTION R-08-3026 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF OCTOBER 21, 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/orseparate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2008. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor