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HomeMy WebLinkAboutCity Council-Agenda Packets-1/6/2009City of Colleyville 100 Main Street ,~ Colleyville, Texas 76034 `{ ~~ ~ ~ ~ Agenda 817.503.1000 s.,.,~ www.colleyville.com City Council Tuesday, January 6, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Discussion of possible amendments to Colleyville Mass Gathering and Alcoholic Beverage Regulations PC-2 Discussion and consideration of contracting with a cost recovery service for Fire Department responses PC-3 Discussion of the January 6, 2009 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. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property Sec. 551.074 - Personnel -Deliberate the appointment, employment and duties of the City Manager City of Colleyville Page 1 Printed on 12/30/2008 City Council Agenda January 6, 2009 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 Ricky Texada, Covenant 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-09-3053 3. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3054 4a Approval of the minutes of the regular City Council meeting of December 16, 2008 4b Adoption of the Texas Commission on Environmental Quality (TCEQ) Idling Limitations Rule and North Texas Memorandum of Agreement (MOA) with the TCEQ 4c Approval of setting the dates of February 17, 2009 and March 3, 2009 for public hearings to consider approval of updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code 4d Approval of the purchase of a Blade and Storage Area Network (SAN), in an amount not to exceed $85,000.00, and authorizing the City Manager to execute the agreement 4e Approval to purchase four Dodge police vehicles with equipment, and one Dodge administrative vehicle with equipment, from The Clark Group / McKinney Dodge, through a Cooperative Purchasing Program with the State of Texas, in an amount not to exceed $154,370.00, and authorize the City Manager to execute the agreement City of Colleyville Page 2 Printed on 12/30/2008 City Council Agenda January 6, 2009 4f Approval of a construction contract with Access Paving Inc., in an amount not to exceed $149,600.00 for the Pleasant Run Trail Improvement Project, and authorize the City Manager to execute the contract 4g Approval of the renewal of an annual contract with the Tarrant County Emergency Services District for Fire/EMS response to unincorporated Bandit Trail, and authorizing the City Manager to execute the contract 5. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 5a 0-09-1705 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Longwood Estates at Ross Downs Addition, Case Z-08-016 5b 0-09-1706 Approval of a Special Use Permit (SUP) for an accessory building and servants or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood Addition located at 7201 Trianon Court, Case Z-08-024 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-09-3055 Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1 R-B, Block 1 of the K.R. Marsh Addition located at 2109 Oak Knoll Court, Case G-09-002 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 8. REPORTS: 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 6, 2009 -Reading and Public Hearing -Resolution R-09-3056 10. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Tuesday, December 30, 2008, by 5:00 p.m. City of Colleyville Page 3 Printed on 12/30/2008 City Council Agenda January 6, 2009 Cynthia Singleton, TRMC, CMC City Secretary ~J Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 12/30/2008 ~,, City of Colleyville 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 Requester: Community Development Department Agenda Date: 01/06/2009 Agenda No.: PC-1 Controlling Body: City Council Final Action: File Name: Discussion of possible amendments to Colleyville Mass Gathering and Alcoholic Beverage Regulations Attachments: Proposed Amendments to Colleyville Mass Gathering Regulations Proposed Amendments to Colleyville Alcoholic Beverage Regulations History of Legislative File Version: Date: Acting Body: Action Text: 01/06/2009 City Council Title Discussion of possible amendments to Colleyville Mass Gathering and Alcoholic Beverage Regulations Explanation The purpose of this item is to seek direction from the City Council regarding possible amendments to the City's mass gathering regulations and alcoholic beverage regulations. The original regulations, located in Chapter 22 of the Code of Ordinances and adopted by the City Council to control mass gatherings, were enacted by Ordinance 0-73-126 on April 17, 1973 and were amended on December 21, 2004. The purpose of the mass gathering regulations is to protect public safety and quality of life through specific standards for temporary events that address sanitation, food, noise, traffic, temporary structures, signs, etc. The current regulations only apply to events that draw crowds of more than 500 persons at any one time for a period of more than eight hours. Events that draw less than 500 persons only require staff approval as prescribed by the Land Development Code. The 2004 amendments "modernized" the existing regulations and included removing "music festivals" from the regulation language as well as reducing the size of the regulations by removing many redundant requirements related to specific medical, waste and required food supplies. The 2004 regulations also changed the City's issuing officer from the mayor to the building official. Since 2004, staff has recognized several areas of possible enhancement to the regulations given the continuing growth of the City, the recent popularity of staging events within The Village at Colleyville as well as handling future events that may occur as the City continues City of Colleyville Page 1 Printed on 12/29/2008 Agenda Briefing Continued to grow and change. In addition to minor changes regarding event standards, staff proposes the following major changes to the current mass gathering regulations: • Changing the issuing officer from the building official to the city manager or his/her designee: This proposed change seeks to increase permit processing flexibility and centralizes staff accountability by placing authority for issuing the permit with the City's chief staff member (city manager), who then may delegate processing and approval of the permit to a department head or manager; • Allowing the issuing officer the authority to approve or deny a mass gathering permit application instead of the current City Council approval requirement: Allowing staff approval gives the City greater efficiency and timeliness in processing events without having to set consideration on a City Council agenda. Additionally, the City Council would not be encumbered with considering an event that meets City code requirements and has been approved by City staff,• • Adding a variance procedure to the regulations by allowing the applicant to request a waiver to a decision of the issuing officer to the City Council for final approval: /f a permit is denied by the issuing officer, this allows fora final City Council consideration of the permit, if so appealed by the applicant. Staff also proposes amending Chapter 6 -Alcoholic Beverages in the Code of Ordinances with regard to the sale of alcohol at an approved mass gathering event. There is currently no provision in the Code of Ordinances or the Land Development Code that allows alcohol sales at a mass gathering event. Therefore, event attendees must currently bring alcohol purchased off-site to an event if allowed by the event sponsor and/or property owner and provided no City or State laws are violated. The proposed addition to Chapter 6 would allow the city manager the ability to issue a permit allowing the temporary sale of alcohol for on-premise consumption only in conjunction with an approved mass gathering permit, provided all Texas Alcoholic Beverage Commission requirements are followed. This addition would not apply to public property where alcohol is currently prohibited. The proposed amendments to the mass gathering and alcoholic beverage regulations are attached. Based on comments and recommendations received from the City Council, staff may bring forward the proposed amendments, including any changes, for consideration at a future City Council meeting. City of Colleyville Page 2 Printed on 12/29/2008 Proposed Amendments to Colleyville Mass Gathering Regulations Proposed deletions contain cfriLe4hrn~~nh~~ proposed additions are underlined CHAPTER 22 -BUSINESSES. ARTICLE VI. MASS GATHERING EVENTS Sec. 22-176. Definitions. The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning: Issuing officer .The city manager or his/her designated representative. Mass gathering events means any meeting or gathering held inside the city limits or within the extraterritorial jurisdiction of the city which attracts or can be expected to attract 500 persons or more at any one time and who will remain at the location of the gathering for a period of more than eight continuous hours. Event sponsor means any person, group of persons, firm, corporation, partnership, or association that organizes, promotes or solicits funds for the organization or promotion of a mass gathering event. Sec. 22-177. Conduct of event; minimum standards. The following minimum standards shall apply in the conduct of mass gathering events permitted under this article: (1) Water supply. a. The event sponsor shall provide access to a supply of potable water on the site where the event is taking place. (2) Toilet facilities. a. The event sponsor shall provide toilet facilities and shall arrange for collection and cleaning at intervals of sufficient frequency to prevent the creation of a health hazard or public nuisance. (3) Solid waste facilities. a. The event sponsor shall arrange for solid waste facilities with the waste collection company holding a franchise with the City of Colleyville. b. All solid waste shall be collected at such frequent intervals as may be necessary to maintain sanitary conditions at the site as determined by the building official. (4) Noise control. Amplifying equipment used shall be designed to control the noise level at the perimeter of the site on which the gathering shall take place and be so operated that at no time more than 70 decibels is registered on the "A" scale at slow response of a standard sound level meter which meets the specifications of the American National Standards Institute. (5) Food sanitation. All food and beverages sold or furnished shall be in accordance with the standards of the Tarrant County Health Department. (6) Medical and nursing care. When required by the Colleyville Fire Chief, the event sponsor shall provide one or more emergency aid stations, which shall be staffed and include suitable temporary shelter, supplies and equipment, at no cost to the City. (7) Signage. Signage used in accordance with the event shall comply with the Sign Regulations of the City of Colleyville under the provisions for special event and promotional s~nage. Anv signs not located on the actual premises where the event is being held shall only be approved upon the issuance of a sian permit from the building official. Signs advertising the event or directing potential customers to the event site are expressly prohibited from placement in the city rights-of-way. D m ~}h n oven} ~~ih' I~ ~ }he ~ ~~ } } h.+l 8 Tents . n~a~s g a~Fi ~~g ~~-.~~~ 6 ~} iF}6T~,Et£S~a~ e-e~-a~ep~~ A separate tent permit shall be obtained from the buildina official in order to erect a tent. Anv special event which includes the use of a tent. canopy, or temporary structure shall meet the requirements in the Building Code and Fire Code. Fire lanes for emergency equipment must be provided and the site prepared in a manner so as not to be a fire hazard as determined by the fire marshal. ~9) Alcohol. It is the responsibility of the applicant to ensure that if alcoholic beverages will be possessed and consumed during a special event that Proposed Amendments to Colleyville Mass Gathering Regulations Page 2 of 6 they have obtained all necessary city approvals for such possession and use. For special events requiring a permit from the Texas Alcoholic Beverage Commission (TABC), a copy of the state permit shall be required prior to the issuance of a mass gatherinq permit. In accordance with the alcohol provisions in the Colleyville Code of Ordinances, the city manager may issue a temporary alcohol sales permit in conjunction with a mass gatherinq permit provided all City and State regulations are met. (10) Fireworks/pyrotechnic displays. Any use of fireworks or pyrotechnic di~Ys must show proof of application for a state permit and prior to issuance of a mass gatherinq permit. A permit from the fire marshal shall be obtained prior to the use of fireworks or pyrotechnics. (11) City sponsorship. Should the event be officially sponsored or co- sponsored by the Citv, then certain standards of this chapter may be waived as determined by the issuing officer. (12) Final site cleanup. At the conclusion of the mass gathering, the site shall be inspected by the building official for health and sanitation considerations. The event sponsor shall be responsible for the final site cleanup. The landowner, upon notification by the city of the existence of any unsanitary conditions shall immediately cause such conditions to be corrected. Secs.22-178--22-190. Reserved. Sec. 22-191. Required. No person may act as an event sponsor of a mass gathering event unless a permit has been issued by the issuing officer under the provisions of this article. Sec. 22-192. Application--Filing; contents. (1) An event sponsor desiring to hold a mass gathering event shall file a permit application with the ~d+ng-e#isial issuing officer at least 60 days before the day the mass gathering event is to be held. (2) The application for a permit under this article must include: (a) The name and address of the event sponsor. (b) A description of the place where the mass gathering event is to be held. Proposed Amendments to Colleyville Mass Gathering Regulations Page 3 of 6 (c) The name and address of the owner of the place where the mass gathering event is to be held and a letter signed by the property owner giving permission to the use the property for the mass gathering event. (d) The dates and times that the mass gathering is to be held. (e) The maximum number of persons that the event sponsor will allow to attend the mass gathering event and a statement showing how the event sponsor plans to control the number of persons in attendance at the mass gathering event. (f) A description of the nature of the event. (g) A filing fee of $250.00 must be submitted with the application for a permit. (h) The event sponsor shall attach a letter to the application which addresses the following: i. initial set-up times ii. controlling the number of persons in attendance at the mass gathering event. iii. parking traffic control iv. street closures v. compliance with health requirements regarding food and beverage services, including the provision for potable water vi. plans for emergency services, equipment and personnel vii. plans for event security viii. facilities for restrooms ix. arrangements for solid waste collection x. the sale of alcoholic beverages and identifying minors attending the event xi. clean-up after the event. (i) Any other information requested by the issuing officer that thev may deem necessary in order to consider the permit request. Sec. 22-193. °°,-~:~a Denial of Permit T_he issuing officer may deny the permit for the mass gathering or event if he/she finds that: (1) The application contains false or misleading information or required information is omitted. Proposed Amendments to Colleyville Mass Gathering Regulations Page 4 of 6 (2) The financial backing or stability of the event sponsor is insufficient to assure that the mass gatherinq will be conducted in the manner stated in the application. ~3) The location selected for the mass gathering or event is inadequate for the purpose for which it is to be used. (4) The event sponsor has not made adequate preparations to limit the number of persons attending the mass gatherinq or event or to provide adequate supervision for minor persons attending the mass gathering or event. ~5) The preparations for the mass gatherinq or event do not assure that: a. Minimum standards of sanitation and health will be maintained; b. The mass gatherinq or event will be conducted in orderly fashion and the physical safety of persons in attendance will be protected; c. Adequate supervision of minor persons will be provided. 6) Adequate arrangements for traffic control have not been provided. (7) Adequate medical and nursing care will not be available. ~8) The time and place for the mass gatherina or event creates a substantial danger of congestion and disruption of other lawful activities in the immediate vicini~r of the mass gatherinq or event. (9) Any part of the permit request does not comply with the provisions of this chapter. Ses: ~ ''-T°T-Sage-#ea:;,;~: r~~ nft°~ +h c°. Ir°ca~~~-t"„e--a~P1is~~fl f-~~~err~ir-u~d~gTj ~'r~-;e ., .,. ... Sec. 22-194. Variance Procedure -Hearing. (1) In the event that a permit is denied by the issuing officer or the permit request does not meet the requirements of this ordinance, the applicant Proposed Amendments to Colleyville Mass Gathering Regulations Page 5 of 6 may appeal to the City Council. If an appeal is requested, the issuing officer shall set a date and time for a hearing before the City Council on the application for a permit under this article. The hearing may be held not later than 30 davs before the day set for the mass gathering to begin; and not earlier than 15 davs after the day the application is filed. ~) Ten davs' notice of the time and place of the hearing on the application for a_permit under this article shall be Given to the event sponsor by certified mail, at the address shown on the application, and reasonable notice shall be given to any persons who have an interest in the gathering or denial of the permit. (3) At the hearing before the City Council on the application for a permit under this article for an appeal to this ordinance or a permit denial, any person may appear and testify for or against the granting of the permit. ~4) After the hearing on the application appeal for a permit under this article is completed, the City Council shall enter its findings in the record and shall grant or deny the permit. Sec. 22-X96195. Cash deposit. As a condition precedent to the issuance of a permit under this article, the City Council may require the event sponsor to make a cash deposit with the city to provide an adequate fund for the compensation of such security personnel as may be required to ensure the physical safety of persons and property of persons in attendance, as well as the persons and property of the community directly affected by the mass gathering or event. Sec. 22-196. Contents. A permit, if issued, shall authorize the event sponsor to hold a mass gathering event at a specified place and at specified times. Sec. 22-197. Revocation. At any time, the be+l~iegsial issuing officer may, after reasonable notice to the, event sponsor, revoke the permit on a finding that the failure to carry out the preparations will result in a serious threat to the health or safety of the community or the persons attending the event. Proposed Amendments to Colleyville Mass Gathering Regulations Page 6 of 6 7_."~ 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: Pre Council Status: Pre Council Version: 1 Requester: Fire Department Agenda Date: 01/06/2009 Agenda No.: PC-2 Controlling Body: City Council Final Action: File Name: Discussion and consideration of contracting with a cost recovery service for Fire Department responses. Attachments: Fire Department Cost Recovery Programs.pdf History of Legislative File Version: Date: Acting Body: Action Text: 01/06/2009 City Council Title Discussion and consideration of contracting with a cost recovery service for Fire Department responses Explanation The Fire Department has been researching cost recovery service companies which bill recipients of fire department services for the supplies, equipment and personnel time expended when responding to a call. The cost recovery service bills for expenses associated with a wide range of calls specific to noncitizens, such as: car accidents, gas line breaks or leaks, hazardous materials incidents and car fires. Many of these incidents involve pass through traffic and/or outside contractors: those working within the City right-of-way. These incidents require a fire department response and require the use of expensive supplies and equipment that must be replenished from limited budget funds. Billing is based on nationally recognized service fees established by the Federal Emergency Management Agency (FEMA) for reimbursement during emergencies. These companies focus on billing insurance companies, thereby saving out of pocket expenses. This billing procedure is similar to the department's current ambulance billing company, Intermedix, whereby a percentage of the collection is paid to the cost recovery service. It is anticipated these services will charge a fee of 25% of collection revenue. During Fiscal Year 2008 (FY 2008), the Colleyville Fire Department responded to five vehicle fires, 75 motor vehicle collisions, 35 natural gas leaks, and 19 varying types of hazardous materials incidents. These incidents often require multiple resources for periods as long as 3-5 hours. Utilizing FY 2008 statistics, one company (Fire Recovery USA) estimates a 60% collection rate could recover expenditures of $20,000.00 - 25,000.00 annually. Staff seeks City Council direction to consider a cost recovery service. City of Colleyville Page 1 Printed on 12/30/2008 i ~ City Hall ~~~ ~n_ ; City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~- Agenda Briefing 817.503.1000 vvww.colleyville.com File Number: File Type: Pre Council Version: 1 Agenda Date: 01/06/2009 Requester: Office of the City Agenda No.: PC-3 Secretary File Name: Discussion of the January 6, 2009 regular agenda items Attachments: History of Legislative File Status: Pre Council Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 01/06/2009 City Council Title Discussion of the January 6, 2009 regular agenda items City of Colleyville Page 1 Printed on 12/22/2008 ~~''~~ ~ City of Colleyville 100 Main Street L;+~ Colleyville, Texas 76034 ,~,,.,. Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 01/06/2009 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session -Legal -January 6, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 01/06/2009 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. 551.071 -Legal -Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville Sec. 551.072 -Property -Deliberate the purchase, lease, exchange or value of real property 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 12/29/2008 RESOLUTION R-09-3053 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 6, 2009 WHEREAS, following discussion in Executive Session, and in full accordance with the requirements of the Open Meetings Act, the City Council determines that the following action is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the following actions of the City Council are hereby adopted and approved: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS AND ABSTENTIONS 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~ ,- City of Colleyville 100 Main Street ~'" -~`J ~ _ Colleyville, Texas 76034 Agenda Briefing 817.503.1000 vvww.colleyville.com File Number: File Type: Announcements and Status: Announcements Presentations and Presentations Version: 1 Agenda Date: 01/06/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 3 Final Action: Secretary File Name: Announcements and Presentations -January 6, 2009 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 01/06/2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition City of Colleyville Page 1 Printed on 12/30/2008 RESOLUTION R-09-3054 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF JANUARY 6, 2009 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 December 16, 2008 b. Adoption of the Texas Commission on Environmental Quality (TCEQ) Idling Limitations Rule and North Texas Memorandum of Agreement (MOA) with the TCEQ c. Approval of setting the dates of February 17, 2009 and March 3, 2009 for public hearings to consider approval of updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code d. Approval of the purchase of a Blade and Storage Area Network (SAN), in an amount not to exceed $85,000.00, and authorizing the City Manager to execute the agreement e. Approval to purchase four Dodge police vehicles with equipment, and one Dodge administrative vehicle with equipment, from The Clark Group / McKinney Dodge, through a Cooperative Purchasing Program with the State of Texas, in an amount not to exceed $154,370.00, and authorize the City Manager to execute the agreement f. Approval of a construction contract with Access Paving Inc., in an amount not to exceed $149,600.00 for the Pleasant Run Trail Improvement Project, and authorize the City Manager to execute the contract g. Approval of the renewal of an annual contract with the Tarrant County Emergency Services District for Fire/EMS response to unincorporated Bandit Trail, and authorizing the City Manager to execute the contract AND IT IS SO RESOLVED. Resolution R-09-3054 Page 2 of 2 APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor "~°` City of Colleyville `'''~~~ ~ City Council Minutes -Draft r<...~> City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, December 16, 2008 CITY COUNCIL CHAMBERS The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on December 16, 2008, at 5:36 p.m. Mayor Kelly welcomed Attorney Michael Kallas in the absence of City Attorney Matthew Boyle. Mayor Kelly stated that the Pre Council meeting provides an opportunity for City Council to receive and discuss information and is not a venue for citizen comments. 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, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Management Assistant Christine Loven, Economic Development Marketing Coordinator Jamie Jones, Executive Secretary Joyceinne Williams, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers was absent. PC-1 Final report and presentation to the City Council by the Commuter Rail Study Committee Mr. Roger Nelson, Colleyville Commuter Rail Committee member, stated the Colleyville Commuter Rail Committee Final Report is a collective work of the committee, expressed appreciation to the committee for their passion and knowledge and introduced Chairman John Gooding, Vice Chairman Fred Mills, Vice Chairman Urmesh Shah, Mr. James Day, Ms. Kristen O'Regan and Mr. Bart Butler. Mr. Nelson presented the Colleyville Commuter Rail Committee Final Report, focusing on the areas of public safety, noise, pollution, property values, traffic congestion, crime, station location and design and cost and answered questions of the City Council. City of Colleyville Page 1 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 Mr. Nelson expressed appreciation to Interim City Manager Kelly Cooper, Interim Assistant City Manager Mike Johnston and Executive Secretary Joyceinne Williams for administrative support. Chairman Gooding provided information regarding regional and federal funding sources for commuter rail. Discussion ensued regarding a Colleyville commuter rail station location, impact to property values, safety concerns and the Draft Environmental Impact Statement. The Mayor and City Council expressed appreciation to the Commuter Rail Committee for their time, diligence and focus and for conducting the public meetings, researching the issues and making recommendations. Discussion continued regarding the region initiative for rail transportation, potential funding sources and the final vote and recommendation of the Committee. Mayor Kelly stated that staff is working with The T representatives to focus on preserving property values, sound mitigation, safety issues and stressed the potential and desire for hybrid rail. PC-2 Discussion of setting a date for a joint worksession with the City Council and the Planning and Zoning Commission to conduct a visioning workshop regarding the State Highway 26 (SH26) Redevelopment Study City Council determined that a Joint City Council and Planning and Zoning Commission meeting will be held Tuesday, January 27, 2008, at 6:00 p.m. in the Colleyville Public Library. PC-3 Presentation of the Monthly Financial Report -November 2008 Finance Director Terry Leake presented the November 2008 Monthly Financial Report and answered questions of the City Council. PC-4 Discussion of the December 16, 2008 regular agenda items Mayor Kelly announced board, commission and committee appointments will be considered during the regular City Council meeting and stated there are fewer applicants than open positions. Mayor Kelly invited citizens to apply for a committee position. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 7:17 p.m. City of Colleyville Page 2 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on December 16, 2008, at 7:18 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, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Community Development Manager Ron Ruthven, Planner Justin Bass, Marketing Coordinator Jamie Jones, Management Assistant Christine Loven, Audio Visual Technician Lawrence Gise, City Attorney Michael Kallas and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Jon Ayers arrived at 8:42 p.m. 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. 551.071 - Legal - Discussion of pending litigation - Rischon Development Corporation v. City of Colleyville 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. 551.087 - 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 3 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 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 7:19 p.m. and reconvened at 7:41 p.m. INVOCATION: Pastor Matthew LeGrange, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Michael Kallas 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-08-3038 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Mayor Kelly stated more than 6,000 people attended the Celebrate Colleyville event held on December 6, 2008, and invited everyone to return next year to enjoy the activities and entertainment. Mayor Kelly expressed appreciation to the Celebrate Colleyville Steering Committee and staff for coordinating the event. 4. CONSENT: READING AND PUBLIC HEARING -Resolution R-08-3039 4a Approval of the minutes of the regular City Council meeting of December 2, 2008 4b Approval of a Supplemental Agreement for Professional Services with Dannenbaum Engineering Corporation for the L.D. Lockett Road Ground Storage Tank and Pump Station, in the amount of $77,850.00, and authorize the City Manager to execute the agreement 4c Approval of an Interlocal Agreement with the City of Desoto for Fire Department equipment and supplies, and authorize the City Manager to execute the agreement Mayor Kelly read Resolution R-08-3039 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. City of Colleyville Page 4 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 Councilmember Taylor moved to approve Resolution R-08-3039. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-08-1702 Approval of a request for a zoning change from CN-Neighborhood Commercial to PUDC-Planned Unit Development Commercial on Lot 1, Block 1 of the Metrovest Addition located at 6100 Colleyville Boulevard, Case Z-08-023 Mayor Kelly read the caption of Ordinance 0-08-1702. Community Development Manager Ron Ruthven stated the applicant met with neighbors, revised the rezoning request from CC1-Village Retail zoning district to aPUDC-Planned Unit Development Commercial zoning district, submitted a statement of planning objectives, including a list of proposed uses and restrictions on business hours of operation and stated staff recommends approval. Mayor Kelly opened the public hearing. Ms. Kim Martin, 3740 Country Club Circle, Fort Worth, Texas, representing the applicant, reviewed the uses for the shopping center, as requested by the neighbors, and expressed appreciation to the Mayor and City Council, neighbors and staff for their support and assistance in determining permitted uses and hours of operation in the shopping center. Mr. Tracy Sligar, 6004 Ponderosa Street, spoke in favor of the proposed ordinance. Mr. Steve Griffith, 6008 Ponderosa Street, spoke in favor of the proposed ordinance. Mr. Ernest Hedgecoth, 6012 Ponderosa Street, expressed appreciation to City Council and staff and spoke in favor of the proposed ordinance. City of Colleyville Page 5 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Mayor Kelly expressed appreciation to Ms. Martin, the applicant, neighbors, staff and City Council for their collaborative efforts related to this case. Mayor Kelly moved to approve Ordinance 0-08-1702. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers Discussion ensued regarding the restriction related to the sale of motorized vehicles and hours of operation. 5b 0-08-1703 Approval of a request for a Special Use Permit (SUP) for a private horse stable for domestic use on Lot 12, Block 1 of the Brighton Oaks Addition located at 2912 Sherwood Lane, Case Z-08-022 Mayor Kelly read the caption of Ordinance 0-08-1703. Community Development Manager Ron Ruthven stated the applicant revised the Special Use Permit (SUP) request and submitted a revised site plan and stable building plan and staff recommends approval. Mayor Kelly opened the public hearing. Mr. Gary Panno, 6250 Pool Road, applicant, requested approval of the Special Use Permit request. Mr. Tom Millweard, 3000 Sherwood, spoke in opposition to the proposed ordinance and regarding issues related to maintaining horses and drainage concerns. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the issuance of an SUP, grazing area and line, standards for R-40 zoning, east and west boundaries of neighbors, and timing and trigger for the SUP. City of Colleyville Page 6 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 Mayor Kelly asked the City Attorney if the trigger mechanism can be amended to require a residential structure be built within two years? City Attorney Michael Kallas said, "Yes". Councilmember Hall moved to approve Ordinance 0-08-1703 with the amendments; boarding of horses will not be permitted until the final inspection is approved for a primary residence; the horses are contained in a fenced area no less than 40,000 square feet in size located on the back portion of the property between the north property line and a point no closer than 250 feet from Sherwood Lane; the fenced area shall be no closer than six feet to the western and eastern property lines; the horse stable will not be closer than ten feet to the western and eastern property lines; and, within two years of approval of the ordinance, a building permit for the primary residence must be approved or the SUP will expire. Mayor Kelly seconded the motion. 5c Mayor Kelly read the caption of Ordinance 0-08-1704. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Hart moved to approve Ordinance 0-08-1704. Councilmember Wollin seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers 0-08-1704 Approval of an ordinance amending Chapter 98, Article II, regarding Landscape Irrigation Regulations, Case G-08-033 City of Colleyville Page 7 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 6. RESOLUTION(S): READING AND PUBLIC HEARING 6a R-08-3040 Approval of a request for a waiver of the construction and escrow of funds for the sidewalk requirement for Lot 19, Block 2 of the Stafford Heights Addition located at 4712 Manning Drive, Case G-08-027 Mayor Kelly read Resolution R-08-3040 in its entirety. Community Development Manager Ron Ruthven stated the proposed Supplemental Sidewalk Map will be presented to City Council for consideration, and until then, the City Council will consider sidewalk waiver requests. Mr. Ruthven provided an overview of the waiver, and the options available to City Council and stated staff recommends the escrow be paid in lieu of construction. Mayor Kelly opened the public hearing. Mr. Bob Gammon, 5108 Rose, applicant, spoke regarding the request for a sidewalk waiver. Councilmember Hart moved to approve Resolution R-08-3040, with the amendment to waive construction and approve escrow in lieu of construction. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers 6b R-08-3041 Approval of a request for a refund of sidewalk escrow funds on Lot 24B, Block 1 of the Sand Oak Acres Addition located at 4703 Jim Mitchell Trail West, Case G-08-029 Mayor Kelly read Resolution R-08-3041 in its entirety. Community Development Manager Ron Ruthven stated the applicant is requesting an escrow refund because no sidewalks will be built in the area and staff recommends approval of the refund. Mayor Kelly opened the public hearing. City of Colleyville Page 8 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly moved to approve Resolution R-08-3041. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor Absent: 1 -Jon Ayers Councilmember Taylor commended the Colleyville Trails and Sidewalks Committee for their work on the Supplemental Sidewalk Map. 6c R-08-3042 Consideration of an appeal of the decision by the Sign Board of Appeals for a variance from the regulations of the Colleyville Land Development Code regarding sign requirements on Tract 1A1, Abstract 798 of the Joseph H. Harrell Survey located at 1212 W. Murphy Road, Case A-08-011 Mayor Kelly read Resolution R-08-3042 in its entirety. Community Development Manager Ron Ruthven stated the applicant is requesting a variance on a residential lot and stated one letter in opposition has been received and the Sign Board of Appeals and staff recommends denial. Mayor Kelly opened the public hearing. Mr. Ron Robbins, 2257 Grapevine Parkway, Grapevine, Texas, representing Toll Brothers, provided information regarding the Toll Brothers Corporation, and requested approval of an off-premise sign to advertise the development and stated the proposed sign provides potential home buyers information and would enhance marketing efforts in these challenging economic times and increase exposure along the major thoroughfare. Mayor Kelly requested an explanation of the timeline and a trigger mechanism for construction of the sign. Community Development Manager Ron Ruthven stated issuance of a building permit could serve as a trigger for the construction of the sign. City of Colleyville Page 9 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 City Attorney Michael Kallas suggested a three year term or a percentage of completion of the development, which ever occurs first. Discussion ensued regarding the process for extension of the sign waiver. Councilmember Licata expressed support of the sign because the area is expansive, it is a significant housing development and is out of sight. Mayor Kelly moved to approve Resolution R-08-3042, contingent upon issuance of a building permit and a maximum term of five years. 6d R-08-3043 Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 6 -David Kelly, Carol Wollin, Tony Licata, Stan Hall, Tom Hart, Mike Taylor Nay: 1 -Jon Ayers Consideration of appointments to the Parks and Recreation Advisory Board Mayor Kelly read Resolution R-08-3043 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Parks and Recreation Advisory Board. Councilmember Wollin nominated Ms. Raelene Darling to Place 1, Mr. Vince Rosen to Place 3, Ms. Debby Abitz to Place 5, Mr. Steve Dalri to Place 7 and Mr. Rick Paddock to Place 8 on the Parks and Recreation Advisory Board. There were no other nominations. Councilmember Wollin moved to approve Resolution R-08-3043, appointing Ms. Raelene Darling to Place 1, Mr. Vince Rosen to Place 3, Ms. Debby Abitz to Place 5, Mr. Steve Dalri to Place 7 and Mr. Rick Paddock to Place 8 on the Parks and Recreation Advisory Board. Councilmember Hall seconded the motion. City of Colleyville Page 10 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6e R-08-3044 Consideration of appointments to the Colleyville Center Advisory Committee Mayor Kelly read Resolution R-08-3044 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Colleyville Center Advisory Committee. Councilmember Wollin nominated Ms. Jan Fisher, representing the Garden Club, Mr. Tom Westerman, representing the Lions Club and Ms. Linda Creed, representing the National Charity League and Dr. Louis Miller, Mr. Paul Vigiletti and Ms. Karen Birkes as at-large members, for appointment to the Colleyville Center Advisory Committee. There were no other nominations. Councilmember Wollin moved to approve Resolution R-08-3044, appointing Ms. Jan Fisher, representing the Garden Club, Mr. Tom Westerman, representing the Lions Club and Ms. Linda Creed, representing the National Charity League and Dr. Louis Miller, Mr. Paul Vigiletti and Ms. Karen Birkes as at-large members to the Colleyville Center Advisory Committee. 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 6f R-08-3045 Consideration of appointments to the SH26 Advisory Committee Mayor Kelly read Resolution R-08-3045 in its entirety. Mayor Kelly opened the public hearing. City of Colleyville Page 11 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the SH26 Advisory Committee. Councilmember Wollin nominated Ms. Joyce Hammill, Dr. Louis Miller, Mr. Rick Paddock and Mr. J. Walt Mills for appointment to the SH26 Advisory Committee. Councilmember Wollin moved to approve Resolution R-08-3045, appointing Ms. Joyce Hammill, Dr. Louis Miller, Mr. Rick Paddock and Mr. J. Walt Mills to the SH26 Advisory Committee. Councilmember Hart seconded the motion. 6g R-08-3046 Mayor Kelly requested the City Secretary advertise the remaining vacant positions. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Consideration of appointments to the Colleyville Trails and Sidewalks Committee Mayor Kelly read Resolution R-08-3046 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Colleyville Trails and Sidewalks Committee. Councilmember Licata nominated Dr. Odilon Alvarado and Ms. Debby Abitz for appointment to the Colleyville Trails and Sidewalks Committee. Councilmember Licata moved to approve Resolution R-08-3046, appointing Dr. Odilon Alvarado and Ms. Debby Abitz to the Colleyville Trails and Sidewalks Committee. Councilmember Hart seconded the motion. City of Colleyville Page 12 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 Mayor Kelly requested the City Secretary advertise the remaining vacant positions. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6h R-08-3047 Consideration of appointments to the Celebrate Colleyville Steering Committee Mayor Kelly read Resolution R-08-3047 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Celebrate Colleyville Steering Committee. Councilmember Taylor nominated Mr. Tom Westerman for appointment to the Celebrate Colleyville Steering Committee for a term ending December 2010. There were no other nominations. Councilmember Taylor moved to approve Resolution R-08-3047, appointing Mr. Tom Westerman to the Celebrate Colleyville Steering Committee for a term expiring December 2010 and requested staff advertise the remaining vacant positions. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6i R-08-3048 Consideration of appointments to the Traffic Safety Advisory Committee Mayor Kelly read Resolution R-08-3048 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. City of Colleyville Page 13 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 Mayor Kelly opened the floor for nominations to the Traffic Safety Advisory Committee. Councilmember Wollin nominated Mr. J. Walt Mills for appointment to the Traffic Safety Advisory Committee. There were no other nominations. Councilmember Wollin moved to approve Resolution R-08-3048, appointing Mr. J. Walt Mills to the Traffic Safety Advisory Committee and requested staff advertise the remaining vacant positions. 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 6j R-08-3049 Consideration of appointment to the Colleyville Senior Center Advisory Committee Mayor Kelly read Resolution R-08-3049 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Colleyville Senior Center Advisory Committee and there were no nominations. Mayor Kelly passed over Resolution R-08-3049 and requested staff to advertise the vacant position. 6k R-08-3050 Consideration of appointments to the Tax Increment Financing (TIF) District Board of Directors Mayor Kelly read Resolution R-08-3050 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations to the Tax Increment Financing District Board of Directors. City of Colleyville Page 14 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 Mayor Kelly nominated David Kelly, Jon Ayers and Tom Hart, Tony Licata and Mike Taylor and Mr. John Eubanks, representing Grapevine-Colleyville Independent School District, Mr. Rudy Gonzales, representing Tarrant County College, Ms. Carolyn Sims, representing Tarrant County and Ms. Drenda Witt, representing the Tarrant County Hospital District, for appointment to the Tax Increment Financing District Board of Directors. 61 R-08-3051 There were no other nominations. Mayor Kelly moved to approve Resolution R-08-3050, appointing David Kelly, Jon Ayers, Tom Hart, Tony Licata and Mike Taylor and Mr. John Eubanks, representing Grapevine-Colleyville Independent School District, Mr. Rudy Gonzales, representing Tarrant County College, Ms. Carolyn Sims, representing Tarrant County and Ms. Drenda Witt, representing the Tarrant County Hospital District, to the Tax Increment Financing District Board of Directors. 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 Appointing a Chairman of the Tax Increment Financing District Board of Directors Mayor Kelly read Resolution R-08-3051 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak and Mayor Kelly closed the public hearing. Mayor Kelly opened the floor for nominations for Chairman of the Tax Increment Financing District Board of Directors. Councilmember Hart nominated Mayor David Kelly as Chairman of the Tax Increment Financing District Board of Directors. There were no other nominations. Councilmember Hart moved to appointing Mayor David Kelly as Financing District Board of Directors. approve Resolution R-08-3051, Chairman of the Tax Increment Cify of Colleyville Page 15 Printed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 - David Kelly, Carol Wollin, Tony Licata, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 7. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Ms. Kirsten Herrera, 5104 Green Hill Lane, spoke in opposition to a commuter rail station in the City of Colleyville and regarding cost, number of potential users and potential crime. Mr. Jim Moore, 1416 Glade Road, spoke regarding the redevelopment of SH26 and location of an entrance marker at Cheeksparger Road and SH26. Mr. Phil Radenbaugh, 6805 Atlanta Drive, spoke in opposition to a commuter rail station in the City of Colleyville. Mr. Bob Braasch, 7001 Shepherds Glen, spoke in opposition to a commuter rail station in the City of Colleyville and regarding the recommendation of the Commuter Rail Committee and cost of the project. Mr. Roger Blake, 1303 Caldwell Creek, expressed appreciation to the City Council for service and spoke in opposition to a commuter rail station in the City of Colleyville and regarding noise pollution, cost and impact on property values. Mr. Ken Addington, 1905 Stratton Court; Ms. Robin Barron, 409 Live Oak Drive; Ms. Sue Drautz, 7006 Primrose Lane; Mr. Steve Dumler, 6708 Ethridge Court; Ms. Amy Ellison, 5409 Rustic Trail; Ms. Jane Ensey, 7207 Brooke Drive; Ms. Jo Feitel, 509 Sagebrush Street; Mr. Ed Feitel, 509 Sagebrush Street; Mr. Jeff Germany, 2009 Thames Trail; Mr. Regenia Hidalgo, 6905 Providence Road; Mr. Dave Hidinger, 7013 Shepherds Glen; Ms. Jennifer Lemke, 5300 Rustic Trail; Mr. Robert Lemke, 5300 Rustic Trail; Mr. Jim McCure, 5605 Texas Trail; Mr. Nick Musso, Jr., 6701 Sapphire Circle North; Ms. Gerri Musso, 6701 Sapphire Circle North; Mr. Blaine Nagao, 113 Bartram Lane; Mr. Mike Protono, 7006 Shepherds Glen; Ms. Ellie Raj, 7205 Thames Trail; Mr. Pravin Raj, 7205 Thames Trail; Ms. Louise Rosenfeld, 7215 Brooke Drive; Mr. Manny Rosenfeld, 7215 Brooke Drive; and Mr. Rick Vergara, 6910 Shepherds Glen, registered their opposition to a Colleyville commuter rail station but did not wish to speak. Cify of Colleyville Page 16 Prinfed on 12/29/2008 City Council City Council Minutes -Draft December 16, 2008 8. REPORTS: Colleyville Tree Board Minutes -November 5, 2007 Colleyville Public Library Board Worksession Minutes -August 9, 2008 Colleyville Public Library Board Worksession Minutes -August 11, 2008 Colleyville Public Library Board Minutes -August 11, 2008 Colleyville Public Library Board Minutes -October 13, 2008 Planning and Zoning Commission Minutes -November 10, 2008 There was no discussion of this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 16, 2008 -Reading and Public Hearing -Resolution R-08-3052 This resolution was not needed. 10. ADJOURNMENT: There being no further business before the City Council, Councilmember Hall moved to adjourn. Councilmember Wollin seconded the motion. Mayor Kelly adjourned the meeting at 9:24 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 17 Printed on 12/29/2008 .~~, ,~., ~ ~~ ~,•;.. City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 wvrw. co 1 1 eyv i l l e. co m File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Engineering Department Agenda Date: 01/06/2009 Agenda No.: 4b Controlling Body: City Council Final Action: File Name: Adoption of the Texas Commission on Environmental Quality (TCEQ) Idling Limitations Rule and North Texas Memorandum of Agreement (MOA) with the TCEQ Attachments: Resolution Supporting Locally Enforced Motor Vehicle Idling Limitations in North Central Texas • Texas Administrative Code Memorandum of Agreement Ordinance 0-07-1651 History of Legislative File Version: Date: Acting Body: Action Text: 01/06/2009 City Council Title Adoption of the Texas Commission on Environmental Quality (TCEQ) Idling Limitations Rule and North Texas Memorandum of Agreement (MOA) with the TCEQ Explanation Reading and Public Hearing In May 2008, the Regional Transportation Council (RTC) approved a resolution supporting locally enforced motor vehicle idling restrictions in North Central Texas (R08-03 attached). Through this initiative, the RTC encourages local government adoption of the TCEQ idling limitation rule (per attached Texas Administrative Code) and a North Texas Memorandum of Agreement (MOA) with the TCEQ for the purpose of enforcement. Local government support and participation, including the City of Colleyville, will be directed at reducing vehicle emissions and improved air quality within the region. When idling, heavy-duty diesel vehicles produce approximately fifteen times more emissions than light-duty gasoline vehicles, which further contributes to existing air quality issues in the Dallas-Fort Worth (DFW) area. To address these emission issues, locally enforced idling restrictions have been included as a control strategy in the DFW 8-Hour Ozone Attainment Demonstration State Implementation Plan (SIP), and is one of several policies the North Central Texas Council of Governments (NCTCOG) has committed to implement by the start of the 2009 ozone season. Under the idling limitations rule, all vehicles with a gross vehicle weight rating of 14,000 pounds or greater may not idle for more than five minutes within participating jurisdictions. This includes both public and private vehicles operating within the City of Colleyville. The rule is applicable between April and October, which is the peak of the ozone season. City of Colleyville Page 1 Printed on 12/23/2008 Agenda Briefing Continued Under the terms of the MOA, the City of Colleyville agrees to submit a detailed description of a plan for implementation of the idling rule, copies of any adopted local ordinances or resolutions, and agreements entered between performing parties and other units of local government. Staff will submit an implementation plan for submittal to the TCEQ, in addition to submitting Ordinance 0-07-1651, which was adopted January 8, 2008 in support of the RTC Clean Fleet Policy. NCTCOG staff will be available to provide assistance to City staff toward implementation of this program through the development of local signs and brochures for promotion and training. Adopting this rule and entering into the North Texas MOA will permit the City of Colleyville to continue being considered for future RTC funding eligibility. Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 2 Printed on 12/23/2008 RESOLUTION SUPPORTING LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS IN NORTH CENTRAL TEXAS (R08-03) WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor of Texas in accordance with federal law; and, WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative deasions on transportation; and, WHEREAS, the Dallas-Fort Worth area is a federally designated nonattainment area for the pollutant ozone and air quality impacts the public and economic health of the entire region; and, WHEREAS, the Regional Transportation Council is responsible for air quality conformity; and the Clean Air Act Amendments of 1990 require that in air quality nonattainment areas, transportation plans and improvement programs conform to the applicable air quality implementation plan; and, WHEREAS, Locally Enforced Idling Restriction is a Voluntary Mobile Source Emission Reduction Program commitment in the Dallas-Fort Worth Eight-Hour Ozone Attainment Demonstration State Implementation Plan (SIP); and, WHEREAS, the Regional Transportation Council has no regulatory authority to enforce idling restrictions; and recognizes that local govemments have such authority upon entering into a Memorandum of Agreement (MOA) with the Texas Commission on Environmental Quality (TCEQ). NOW, THEREFORE, BE IT HEREBY RESOLVED THAT: S ct on 1. The Regional Transportation Council endorses the TCEQ Idling; Limitations Rule as published in the Texas Administrative Code, Chapter 114, Subchapter J, Operational Controls for Motor VehiGes, Division 2, Locally Enforced Motor Vehicle Idling Limitations. Section 2. The Regional Transportation Council encourages local government adoption of the TCEQ Idling Limitations Rule by reference, and supports creation of a North Texas MOA to be entered into by local govemments for the purpose of enforcement. Section 3. The Regional Transportation Council commits to provide local govemments assistance with development of applicable enforcement and education programs. Section 4. The Regional Transportation Council may consider compliance with this resolution when considering future Regional Transportation Council funding action. Section 5. This resolution will be transmitted to all {oval governments in the nine-county ozone nonattainment area. Sec ion 6. This resolution shall be in effect immediately upon adoption. Osc r Trevino, Chair Regional Transportation Council Mayor, City of North Richland Hills I hereby certify that this resolution was adopted by the Regional Transportation Council of the North Central Texas Council of Governments for the Dallas-Fort Worth Metropolitan Area on May 8, 2008. B. Glen Whitley, Secretary Regional Transportation Counc County Judge, Tarrant County Texas Administrative Code TITLE 30 ENVIRONMENTAL QUALITY PART 1 TEXAS COMMISSION ON ENVIRONMENTAL QUALITY CHAPTER 114 CONTROL OF AIR POLLUTION FROM MOTOR VEHICLES SUBCHAPTER J OPERATIONAL CONTROLS FOR MOTOR VEHICLES DIVISION 2 LOCALLY ENFORCED MOTOR VEHICLE IDLING LIMITATIONS Rules 11§ 4.510 Definitions 11~ 4.511 Applicability 11§ 4.512 Control Requirements for Motor Vehicle Idling 114.517 Exemptions RULE §114.510 Definitions Unless specifically defined in the Texas Health and Safety Code, Chapter 382 (also known as the Texas Clean Air Act) or in the rules of the commission, the terms used in this subchapter have the meanings commonly ascribed to them in the field of air pollution control. In addition to the terms which are defined by Texas Health and Safety Code, Chapter 382; §3.2 ofthis title (relating to Definitions); § 101.1 ofthis title (relating to Definitions); and § 114.1 ofthis title (relating to Definitions), the following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1)Idle--The operation of an engine in the operating mode where the engine is not engaged in gear, where the engine operates at a speed at the revolutions per minute specified by the engine or vehicle manufacturer for when the accelerator is fully released, and there is no load on the engine. (2) Local government--A city, county, municipality, or political subdivision of the state. (3) Motor vehicle--Any self-propelled device powered by an internal combustion engine and designed to operate with four or more wheels in contact with the ground, in or by which a person or property is or may be transported, and is required to be registered under Texas Transportation Code, §502.002, excluding vehicles registered under §502.006(c). (4) Primary propulsion engine--A gasoline or diesel-fueled internal combustion engine attached to a motor vehicle that provides the power to propel the motor vehicle into motion and maintain motion. Source Note: The provisions ofthis § 114.510 adopted to be effective December 9, 2004, 29 TexReg 11355 RULE §114.511 Applicability The provisions of § 114.512 and § 114.517 of this title (relating to Control Requirements for Motor Vehicle Idling; and Exemptions) are applicable only within the jurisdiction of a local government that has signed a Memorandum of Agreement with the commission to delegate enforcement of the provisions of this division to that local government. Source Note: The provisions of this § 114.511 adopted to be effective December 9, 2004, 29 TexReg 11355 RULE §114.512 Control Requirements for Motor Vehicle Idling (a) No person shall cause, suffer, allow, or permit the primary propulsion engine of a motor vehicle to idle for more than five consecutive minutes when the motor vehicle, as defined in § 114.510 of this title (relating to Definitions), is not in motion during the period of April 1 through October 31 of each calendar year. (b) No driver using the vehicle's sleeper berth may idle the vehicle: in a residential area as defined by Local Government Code, §244.001, in a school zone, within 1,000 feet of a hospital, or within 1,000 feet of a public school during its hours of operation. An offense under this subsection may be punishable by a fine not to exceed $500. This subsection expires September 1, 2009. Source Note: The provisions of this § 114.512 adopted to be effective December 9, 2004, 29 TexReg 11355; amended to be effective May 17, 2006, 31 TexReg 3900; amended to be effective February 21, 2008, 33 TexReg 1345 RULE §114.517 Exemptions The provisions of § 114.512 of this title (relating to Control Requirements for Motor Vehicle Idling) do not apply to: (1) a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less and does not have a sleeper berth; (2) a motor vehicle that has a gross vehicle weight rating of 14,000 pounds or less, after September 1, 2009; (3) a motor vehicle forced to remain motionless because of traffic conditions over which the operator has no control; (4) a motor vehicle being used by the United States military, national guard, or reserve forces, or as an emergency or law enforcement motor vehicle; (5) the primary propulsion engine of a motor vehicle providing a power source necessary for mechanical operation, other than propulsion, and/or passenger compartment heating, or air conditioning; 2 (6) the primary propulsion engine of a motor vehicle being operated for maintenance or diagnostic purposes; (7) the primary propulsion engine of a motor vehicle being operated solely to defrost a windshield; (8) the primary propulsion engine of a motor vehicle that is being used to supply heat or air conditioning necessary for passenger comfort and safety in vehicles intended for commercial or public passenger transportation, or passenger transit operations, in which case idling up to a maximum of 30 minutes is allowed; (9) the primary propulsion engine of a motor vehicle being used to provide air conditioning or heating necessary for employee health or safety while the employee is using the vehicle to perform an essential job function related to roadway construction or maintenance; (l 0) the primary propulsion engine of a motor vehicle being used as airport ground support equipment; (11) the owner of a motor vehicle rented or leased to a person that operates the vehicle and is not employed by the owner; or (12) a motor vehicle when idling is necessary to power a heater or air conditioner while a driver is using the vehicle's sleeper berth for agovernment-mandated rest period and is not within two miles of a facility offering external heating and air conditioning connections at a time when those connections are available. Source Note: The provisions of this § 114.517 adopted to be effective December 9, 2004, 29 TexReg 11355; amended to be effective May l 7, 2006, 31 TexReg 3900; amended to be effective February 21, 2008, 33 TexReg 1345 Source: http://info.sos.state.tx.us/pls/pub/readtac$ext.viewtac MOA0800001 MEMORANDUM OF AGREEMENT VEHICLE IDLING LIMITATIONS IN THE NORTH CENTRAL TEXAS AREA I. PARTIES This Memorandum of Agreement ("Agreement") is entered into between the Texas Commission on Environmental Quality ("TCEQ") and the local governments signing this agreement (Local Governments), collectively, the "Parties." 1. The Parties represent that they have the authority to enter into this MOA, including the authority gamed in the Texas Government Code Chapter 791 Interlocal Cooperation Contracts. 2. The TCEQ has authority under Section 5.229 of the Texas Water Code and Section 382.033 of the Texas Health and Safety Code to enter into this MOA. - 3. The Performing Parties have authority under Section 382.115 of the Texas Health and Safety Code to enter into this MOA. II. Intent and Purpose The intent of this MOA is to memorialize the agreement between the Parties to implement the following rules aimed at the control of air pollution from motor vehicles: 30 Texas Administrative Code ("TAC") Chapter 114, Control of Air Pollution from Motor Vehicles, Subchapter J, Operation Controls for Motor Vehicles, Division 2, Locally Enforced Motor Vehicle Idling Limitations, Sections 114.510 -114.512 and 114.517. The parties enter into this MOA for the purpose of delegating rule enforcement from TCEQ to Local Governments and incorporating the emission reductions resulting from the implementation and enforcement of the above-referenced rules into the State Implementation Plan ("SIP"). III. Definitions As used in this MOA the following terms have the meanings given below: 1. "EPA" shall mean the U.S. Environmental Protection Agency. 2. "TCEQ" shall mean the Texas Commission on Environmental Quality. 3. "Local Government" has the meaning assigned by 30 TAC Section 114.510. 4. "North Central Texas Area" shall refer to those Texas counties included in the Dallas-Fort Worth-Arlington (DFW) Texas, Metropolitan Statistical Area. 5. "SIP" shall refer to the State Implementation Plan. MOA0800001 Copies of agreements entered between Performing Parties and other units of Local Government for the purpose of the implementation of these rules. Agreements entered into after the effective date of this MOA shall be submitted within forty-five (45} calendar days of their execution. 3. Copies of any requisite resolutions under Section 7.352 of the Texas Water Code shall be submitted to the TCEQ within fourteen (14) calendar days after passage by the local governing body. (B) The TCEQ agrees to submit this agreement to the U.S. EPA as a technical support _ document to the DFW eight-hour ozone attainment demonstration SIP. VI. Term and Termination This MOA will become effective upon signature by the Parties and shall expire on January 2, 2013, unless renewed in writing by mutual agreement of the Parties. A Party may withdraw from this Agreement at any time upon thirty days written notice to the other Parties of this agreement. Withdrawal by a Local Government does not constitute termination of the entire MOA. This Agreement may be terminated at any time by mutual written consent of the Parties. VII. Miscellaneous This MOA represents the entire agreement between the TCEQ and the Performing Parties and supersedes all other agreements, understandings or commitments, written or oral, relative to the intent of this MOA. This MOA may not be amended or modified except pursuant to a mutual written agreement executed by each of the Parties. This MOA shall be governed by and interpreted in accordance with the laws of the State of Texas. MOA0800001 Memorandum of Agreement Local Government Signature Page In witness thereof, the City of Colleyville, through its authorized officer, has made and executed this signature page that shall be attached to the Memorandum of Agreement to Control Air Pollution From Motor Vehicles Through Locally Enforced Vehicle Idling Limits, which is hereby incorporated by reference in its entirety. Executed by: CITY OF COLLEYVILLE By: Name: David Kelly Title: Mayor Date ORDINANCE 0-07-1651 AN ORDINANCE COUNCIL CLEAN ACQUISTITIONS, VERIFICATION CONSISTENT WITH THE REGIONAL TRANSPORTATION FLEET POLICY; PROVIDING FOR MEASURES RELATED TO OPERATIONS, MAINTENANCE AND COMPLIANCE WHEREAS, the Regional Transportation Council, comprised primarily of local elected officials, is the regional transportation policy body associated with the North Central Texas Council of Governments, and has been and continues to be a forum for cooperative decisions on transportation; and WHEREAS, the Regional Transportation Council supports the adoption and implementation of the Clean Fleet Policy, which was resolved on October 13, 2005; and WHEREAS, the Dallas-Fort Worth area is a federally designated nonattainment area for the pollutant ozone and air quality impacts the public health of the entire region; and WHEREAS, the Regional Transportation Council is responsible for air quality conformity; and the Clean Air Act Amendment of 1990 requires that, in air quality nonattainment areas, transportation plans and improvement programs conform to the applicable air quality implementation plan; and WHEREAS, the City of Colleyville wants to set achievable goals and provide workable, cost effective solutions to improve the Dallas-Fort Worth Metropolitan Area air, and implement those measures as soon as practicable to improve air quality; and WHEREAS, approximately fifty percent of the nitrogen oxide (NOx) emissions in the Dallas-Fort Worth nonattainment area come from on-road vehicles. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEWILLE, TEXAS: Sec. 1. THAT the following shall hereby be applied within the City of Colleyville. 1. ACQUISTITION a. Vehicle acquisitions for fleet expansion or replacement of model year 2004 or newer shall be newest model year or engine standard only. b. Vehicle acquisitions to replace model year 2003 or older vehicles must show at least a 25% reduction in Nitrogen Oxides (NOx) emissions rate compared to the vehicle being replaced. (Waivers are possible when new technologies or achievements of the required emission reduction are not possible.) Ordinance 0-07-1651 Page 2 of 3 c. Aftermarket technologies and conversions are acceptable for fleet expansion and fleet replacements. Aftermarket technologies and conversions must be Environmental Protection Agency (EPA) and/or CARB verified or certified or technology equivalent or better, as determined by the North Central Texas Council of Governments (NCTCOG) staff. d. Conversions must comply with the provisions of EPA Memorandum 1 A and Addendum Revision (June 25, 1974 and June 1, 1998) 2. OPERATIONS a. Vehicle idling is allowed only for safety, emergency response, vehicle maintenance, equipment activity, warm-up/operations in cold temperature and manufacturer recommended minimum idle/warm-up times. b. Vehicles with the lowest NOx emissions that are capable of performing the required operational demands shall drive the most miles. c. Fleet manager shall abide by the latest refueling time/season guidance published by NCTCOG Air Quality Planning. d. Non-emergency vehicles shall drive no more than the posted speed limit and avoid rapid acceleration. e. All drivers shall be trained on air quality appropriate operational requirements. 3. MAINTENANCE a. Perform annual emission and safety inspections for all vehicles, even for vehicles with no state mandated inspection requirements. b. All vehicles with over 100,000 miles must have emission inspections every 25,000 miles thereafter. c. Perform manufacture's recommended maintenance. d. Mandatory participation in any diesel or other Texas Commission on Environmental Quality or NCTCOG inspection/maintenance program, including applicable test or pilot programs. 4. COMPLIANCE VERIFICATION a. Public sector entity shall provide NCTCOG with an annual electronic update of fleet size and activity in a format established by NCTCOG. b. The City of Colleyville acknowledges that entities not adopting and complying with the Clean Fleet Vehicle Policy and/or reporting requirements will not be eligible for future clean vehicle funding. Sec. 2. That this Ordinance shall be in effect immediately upon its adoption. Ordinance 0-07-1651 Page 3 of 3 AND IT IS SO ORDERED. Tf~ ~ /st reading and public hearing being conducted on the .~rl~..«~ 2007. "=~ day of The cond reading and public hearing being conducted on the ~ day of 2008. ATTEST: ~t n ` ~_ ~..y~ Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE ~~~ David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ^~1~ 1' ''""'~ V 1' ` J~1 Matthew C. G. Boyle City Attorney ~? <„ { ' ~~ ~ City of Colleyville City Hall `~ 100 Main Street Colleyville, Texas 76034 ~~~~~; Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 01/06/2009 Controlling Body: City Council Requester: Community Agenda No.: 4c Final Action: Development Department File Name: Approval of setting the dates of February 17, 2009 and March 3, 2009 for public hearings to consider approval of updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 01/06/2009 City Council Title Approval of setting the dates of February 17, 2009 and March 3, 2009 for public hearings to consider approval of updates to Impact Fees in accordance with Chapter 395 of the Texas Local Government Code Explanation Reading and Public Hearing The City of Colleyville collects Roadway, Water and Wastewater Impact Fees as a function of issuing building permits for new development. Collection of impact fees supports new development paying its share of new public infrastructure improvements required by the additional demands placed on these systems by new development. On May 6, 2008 the City Council added Murphy Road and Lavaca Trail to the Master Thoroughfare Plan as minor collector streets. Adding these streets to the Master Thoroughfare Plan allows the City to spend revenues collected from street impact fees on the subject streets. Subsequent to the approval of the street additions to the Master Thoroughfare Plan, staff contracted with Kimley-Horn and Associates, Inc. in order to undertake an impact fee update that includes adding Murphy Road and Lavaca Trail to the impact fee project list. The study was completed in November, 2008 and is now ready for consideration and approval. The process for approving the impact fee update is established by State law and contained in Chapter 395 of the Local Government Code. The regulations require a recommendation from the Capital Improvements Advisory Committee (CIAC), which is composed of the members of the Planning and Zoning Commission. City of Colleyville Page 1 Printed on 12/29/2008 Agenda Briefing Continued The first step in the approval process is for the City Council to adopt a resolution establishing the public hearing dates to consider the impact fee updates. The City Council is required to hold two public hearings to allow public input. The two public hearing dates set by the proposed resolution are February 17, 2009 and March 3, 2009. The proposed approval schedule is outlined as follows: • Public Hearing Notice Date -December 26, 2008 • City Council, Consent and First Notice -January 6, 2009 • Planning and Zoning Commission (CIAC) -January 26, 2009 • City Council, First Reading and Public Hearing -February 17, 2009 • City Council, Second Reading and Public Hearing -March 3, 2009 Financial Impact It has been determined that updating Colleyville impact fees in order to add Murphy Road and Lavaca Trail to the project list will allow the City to spend funds collected from impact fees on these streets. Recommendation Approval City of Colleyville Page 2 Printed on 12/23/2008 2 Opt. 75W VMWare Inf Enterprise 2 socket Support $5,690.00 1 Opt. 7GK c3000 Enclosure HW Supp $814.00 2 O t. 7XE BL4xxc Svr Bld HW Su ort $828.00 1 O t. 85J Brocade 4/12 and 4/24 SAN Switch Su $1,209.00 2 221692-B21 Stora e Works LClLC 2m Cable $120.00 2 A7446B HP 4GB SW Sin le Pack SFP Transceiver $318.40 1 AJ694A ~ HP EVA4400 14666 HDD Field Starter Kit j $284.10 v _ _ _ ) 4 AG556A HP 146GB 15K FC EVA M6412 Enc HDD $3,660.00 1 HA110A3 I HP 3 Su ort Plus 24 SVC 4 O t. 7W3 ': EVA4400 146/300/40066 Su ort $532.80 1 O t. 9DB EVA4400 8-146/400GB StrKit Su I $4,617.00 2 252663-D72 HP 24A Hi h Volta e US/JP Modular PDU $568.10 4 221692-B21 Stora e Works LC/LC 2m Cable $240.00 2 AF500A HP 2, 7X C-13 Stk Intl Modular PDU $258.00 1 399524-821 HP DL360R05 4M CTO Chassis $767.06 1 O t. ABA U.S. - En lish localization 1 457935-L21 HP DL360R05 E5430 FIO Kit $550.96 1 457935-621 HP DL360R05 E5430 Kit $534.04 1 O t.OD1 Facto inte rated 4 397409-621 HP 1GB FBD PC2-5300 2x512 Kit $308.00 4 O t. OD1 Facto inte rated 3 375861-B21 HP 72GB 10k 2.5 SAS HP SP HDD $738.15 3 O t. OD1 Facto inte rated 1 264007-B21 HP Slim 8X/24X DVD-ROM Drive ( $82.00 1 O t.OD1 Facto irate rated 1 399548-621 HP E200i Flo Controller $91.00 1 405102-621 HP SA E200 64MB FIO Cache $69.00 2 AE311A HP FC1142SR 4Gb PCI-E HBA $1,656.00 2 O t.OD1 Facto inte rated 1 HA104A3 HP 3 4h 24x7 HW Su ort 1 O t. 762 Proliant Server DL36x HW Su $596.00 1 AF556A HP 1.83m 10A C13-UL US Pwr Cord $7.00 1 Mobius Partners Services Reference Sco e of Work within RFP $8,400.00 Subtotal $78,390.19.. 24 ~~~ i 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 Agenda Date: 01/06/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: 4d Final Action: Manager File Name: Approval of the purchase of a Blade and Storage Area Network (SAN), in an amount not to exceed $85,000.00, and authorizing the City Manager to execute the agreement Attachments: Blade SAN (Storage Area Network) Bid Tab.pdf Blade/SAN RFP and Agreement by Mobius Partners Enterprise Solutions History of Legislative File Version: Date: Acting Body: Action Text: 1 01/06/2009 City Council Title Approval of the purchase of a Blade and Storage Area Network (SAN), in an amount not to exceed $85,000.00, and authorizing the City Manager to execute the agreement Explanation Reading and Public Hearing A Request for Proposal (RFP) for an HP Blade Center, VMware and SAN Server was prepared by the Information Services Department and advertised on October 26, 2008 and November 2, 2008. Five vendors requested a bid packet and two bids were received at the November 9, 2008 bid opening (bid tab attached). The low bidder, Mobius Partners Enterprise Solutions (Mobius), meets specifications and requirements for this bid. Staff recommends approval of the bid award to Mobius in the amount of $79,140.19 plus a 7% project contingency of $5,539.81 for a total amount not to exceed $85,000.00. This project was approved by City Council in the Fiscal Year 2009 (FY 2009) budget and will assist the City in proceeding with a paperless plan and implementation of the GIS server. Financial Impact It has been determined that $85,000.00 is allocated in the FY 2009 budget. Recommendation Approval City of Colleyville Page 1 Printed on 12/29/2008 Blade/SAN (Storage Area Network) Bid Tab Company Project Bid Mobius Partners $79,140.19 Inflecture $93,784.00 I DO Main Street Colleyville, TX 77002 Prepared for: - Paul DePingre Prepared by: ~~ MOBIUS PARTNERS 5212 Tennyson Parkway St#120 Plano, TX 75024 Amber Ehmann Account Executive November 7th, 2008 Table o f Contents Introduction Response to RFP Questions Appendix A-Agreement for Professional Services Exhibit A-Scope of Services Exhibit B-Compensation Schedule Additional Information 4 7 11 20 23 25 2 MOBIUS PARTNERS Proposal Acknowledgement We hereby submit our Proposal to City of Colieyville in response to the HP ServersNMware/Storage request in accordance with the requirements and provisions of the Request for Proposal and any addenda thereto, including any documents attached thereto andlor referenced. If notified of an award, we agree to execute a contract with City of Colleyville. In submitting the Proposal, we certify that we have examined and are fully familiar with all of the provisions of the Request for Proposal and any Addenda thereto and documents attached thereto andlor referenced; that we have carefully checked all of the words and figures shown in the Proposal Forms; that we have carefully reviewed the accuracy of all statements in the Proposal and attachments thereto; and that we have, by careful examination of the actual work, the general and local conditions to be encountered in the performance of any work, the requirements of the terms and conditions, and all other matters which can in any way affect the work or the cost thereof. We agree that City of Colleyville will not be responsible for any error or omissions on our part in preparing the Proposal. We also acknowledge receipt, understanding, and full consideration of the following Addenda to the Request for Proposal: Date Received: 10/29/2008 AUTHORIZED REPRESENTATIVE Signature: Printed Name: Company Name Title: Street Address: City/State/Zip: Signature Date: Junab Ali Mobius Partners President and Co-Founder 837 Isom Road San Antonio, TX 782I6_ 9/ 14!07 3 Introduction Founded in 2000 by Junab Ali and J. Javier Uribe, Mobius Partners is a value-added reseller (VAR) that specializes in enterprise IT. Based in San Antonio, Texas, with fast-growing offices in Dallas and Houston, Mobius is a member of HP's Platinum Business Partner program. As a platinum partner, MP is able to provide exceptional pricing and expedited deployment of products to our customer's facilities. Customer's return to us because we specialize in assessing their needs, recommending an infrastructure, handling the logistics of the order, deploying at the customer's facility and then managing the solution once it has been installed. Mobius Partners customers' have found our "hands on" service approach to be invaluable. Our sales teams focus on providing clients with the expertise needed to assess, architect, implement and manage their infrastructure initiatives. We are flexible yet responsive, and aggressively cater to our client's requests and priorities. Consequently, your timeline is ours, and your needs our objectives. This shared sense of urgency with clients is how we develop and maintain business in a highly competitive market. To reinforce our service aptitude, we have solutions architects at our customers' disposal that range in qualification from Master ASE's to MCSE's and all Mobius Partners employees are 100% HP certified. Our customers are comprised of many Fortune 1000 companies as well as universities, local governments and mid-sized businesses. Mobius Partners areas of expertise include: • Infrastructure Design & Implementation Services • VMware Capacity Planning • Virtualization (Unix /Windows) • Consolidation - Application Security & Delivery Solutions • Support & Managed Services • SAP Infrastructure Solutions • Emaillntelligence • Identity Management • High Availability Systems • Information Lifecycle Management Exhibit B -Vendor Questions General Questions: 1) How many years has your organization been in business under your present firm name? 4 ANSWER: 8 Years 2) Are you a Minority, Woman Owned, or Small Business? If a Minority Owned Business, please specify what type. If not a Minority Woman Owned, or Small Business, please describe any diversity programs your company has. ANSWER: Mobius Partners is a Hispanic Owned minority partner holding the following certifications: ^ City of Houston Minority Business Enterprise ^ Houston Minority Business Council ^ Central & South Texas Minority Business Council ^ South Central Regional Certification Agency ^ North Texas Regional Certification Agency ^ TX HP DIR Reseller ^ Texas Historically Underutilized Business 3) What is your Dun & Bradstreet rating? ANSWER: 1R3 4) Are there any judgments, claims, or suits pending or outstanding against your company? >f yes, please provide details. ANSWER: NO 5) Are you now or have you ever been involved in any bankruptcy or reorganization proceedings? If yes, please provide details. ANSWER: NO Organizational Overview: 6) What are all the hardware and software vendors you are a reseller for? ANSWER: Mobius Partners currently resells for the following vendors: Platinum Business Partner i n v e n t 5 "~. ~. . .,. . ,, ,. .. RARTNER Clearwel Response to RFP Questions Please answer the following questions as completely as possible. If you wish to add supplemental information, label as "Supplemental Information" and attach. Official Name Provide the legal name and address of the company and state of incorporation submitting the proposal. Also identify all subcontractors or joint venture partners. Mobius Partners, L.L.C. 837 Isom Rd. San Antonio TX. 78216 Company Background Provide an overview and history of your company. How long has the company been providing Services to local governments? Describe the organization and ownership. Founded in 2000 by Junab Ali and J. Javier Uribe, Mobius Partners is a value- added reseller (VAR) that specializes in enterprise IT. Based in San Antonio, Texas, with fast-growing offices in Dallas and Houston, Mobius is a member of HP's Platinum Business Partner program. Mobius Partners has been delivering value around hardware and services to public and private customers for the past 8 years. Proposing Organization's Structure (a) Describe your total organization, including any parent companies, subsidiaries, affiliates, and other related entities. Mobius Partners headquarters in San Antonio with offices in Dallas and Houston. Mobius has 25 total employees. (b} Describe the ownership structure of your organization, including any significant or controlling equity holders. Mobius partners is co-owned by founding members, Junab Ali and J. Javier Uribe. Financial and Legal Considerations (a) Is there, or within the Latest three (3) years has there been, any litigation or governmental or regulatory action pending or threatened against your organization or its officers that might have a bearing on your ability to provide services to the City? If so, identify and describe each such lawsuit or proceeding. NO 7 (b) Identify all lawsuits filed during the past three (3) years in which a business or government customer of your organization has claimed that your organization defaulted on an engagement. NO Business Partners (a) List any other firms or companies that you would be partnered with in your engagement with the City. NO (b) Explain how your firm would function as a prime contractor and how you would work with the City to resolve issues concerning subcontractors or business partners. Mobius Partners will assign an Account executive and one Solution Architect for this project. The Account Executive, Amber Ehmann, will address any concerns raised by City of Colleyville during the project scope. Mobius Partners will not be using any subcontractors for this project. Hardware System Experience (a} Describe your organization's experience in providing Hardware Solutions (Blade Center San Server and VMware) to at least three (3} other entities comparable to the City in size and complexity. For each engagement provide the following information: (i) customer's name; (ii) names, titles, addresses, and phone numbers for technical and business contacts for each customer. Within each one of the below accounts Mobius Partners was integral in designing, implementing, and testing part or all of an enterprise solution with the following: • HP C7000 Blade System(s) • EVA 4400(s) • Enterprise VMware Solutions Metropolitan Transit Authority - 1900 Main St., Houston, TX 77208-1429: AI Senter, MIS Server Team 713-739-4681 University of Houston - 4213 Elgin, Houston, TX. 77208: Mike Apeman, Manager Operating Systems 832-842-4711 City of Plano - 1520 Avenue K. Plano TX. 75074: Kenny Ahnemann, Network Engineer 972-941-5095 8 (b) Provide a list of your organization's five (5) largest clients, the services provided to each, and name, address, and phone number of individuals that we might contact for references. Contact information will be provided: PepsiCo Business Solutions Valero Services Shell IT International Rent A Center Frost Bank Client Relationships and Management (a) Describe the communications scheme that your organization will use to keep the City informed about the progress of the Project. Mobius Partners will have a kick off meeting. During the scope of the project the Mobius Partners Account Executive and Solution Architect will be available and in contact with the City's employees to address any questions. Once the project has been completed the Mobius Partners team will have a sign off meeting with the appreciate City of Colleyville representatives. (b) Describe any on-going reporting process that you use to communicate with your clients For the scope of this project no incremental reporting is being used. Services (a) Describe in detail the services your company would provide for the City of Colleyville. Reference Appendix A (b) Are there any additional services you would suggest that the City consider as part of this project? For the scope of this project we do not recommend any additional services then those being proposed in the scope of work. Proposed Solution Given the purpose of this project and the City's goals as stated in this RFP, vendors are encouraged to provide creative solutions to meet these goals. Briefly describe how your organization would fulfill the City's requirements for a system to meet the City's current and future needs. The selected vendor shall be responsible for the design, development, installation, 9 and testing of the proposed solution, including all required, software and services to include data conversion. Vendors should identify required hardware and the City reserves the option to purchase servers, printers or other hardware from either the selected vendor or through its normal purchasing channels. In addition to a brief narrative of your solution, please provide answers to the following specific questions: (a} Describe technical support services offered and any costs associated with these services. Technical support services will be provided on site during scope of work. Additional support services will be available upon request. (b) Describe your company's response time to technical problems. Mobius Partners operate Monday thru Friday 8 to 5. 3 year 24/7, 4 hr response support for all hardware and software is being provided by HP support services. 10 APPENDIX A -Agreement for Professsonal Services CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF COLLEYVILLE AND [NAME OF CONSULTANT] THIS AGREEMENT for consulting services is made by and between the City of Colleyville ("Cit>r') and (°Consultant"1 as of , 200_. AGREEMENT Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the date first noted above and shall end on the date of completion specified in Exhibit A, and Consultant shall complete all the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City's right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first-class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. Exhibit A shall name any specific personnel who shall be performing services. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 1.1 above and to complete Consultant's obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a guaranteed maximum price nol to exceed $ for all services to be performed and reimbursable costs incurred under this Agreement. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant shall not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by Ciry to Consultant under this Agreement is based upon Consultant's estimated costs of providing the services required hereunder, including salaries and benefits of employees and subcontractors of Consultant. Hourly rates for personnel performing services shall be as shown in Exhibit B. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 11 2.1 Invoices. Consultant shall submit invoices, not more often than once a month during the term o1 this Agreement, based on the cost for services performed and reimbursable costs incurred during the billing period. Invoices shall contain the following information: • Serial identification of bills; • The beginning and ending dales of the billing period; • A Task Summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement, and the percentage of completion, if applicable; ^ At City's option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; • The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds 800 hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; • The Consultant's signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbursable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above and is otherwise acceptable to the City to pay Consultant. In the event that an invoice is not acceptable to the City, said invoice shall be returned to Consultant within thirty (30) days of the City's receipt of the invoice with a detailed explanation of the deficiency. City's obligation to pay a returned invoice shall not arise earlier than thirty (30) days after resubmission of the corrected invoice. 2.3 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. In the event that Consultant identifies additional work outside the scope of services specified in Exhibit A that may be required to complete the work required under this Agreement, Consultant shall immediately notify the City and shall provide a written not-to-exceed price for performing this additional work. 2.4 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on Exhibit B. 2.5 Reimbursable Expenses. Reimbursable expenses are shown on Exhibit B, and shall not exceed ($ ). Expenses not listed in Exhibit B are not chargeable to City. Reimbursable expenses are included in the total not-to-exceed amount of compensation provided under this Agreement. 2.6 Payment of Taxes. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any other applicable federal or state taxes. 2.7 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. The City shall have no obligation to compensate Consultant for work not verified by logs or timesheets. 2.8 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of a written Notice to Proceed from the City. 12 Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, tiling cabinets, and conference space, as may be reasonably necessary for Consultant's use while consulting with Ciiy employees and reviewing records and the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility that may involve incurring any direct expense, including but not limited to computer, cellular telephone, long- distance telephone, or other communication charges, vehicles, and reproduction facilities. If the performance of the work specified in Exhibit A requires destructive testing or other work within the City's public right-of-way, Consultant, or Consultant's subconsultant, shall obtain an encroachment permit from the City. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant shall procure "occurrence coverage" insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consultant shall provide proof satisfactory to City of such insurance that meets the requirements of this section and under forms of insurance satisfactory in all respects to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement and shall produce said policies to the City upon demand. The cost of such insurance shall be included in the Consultant's price. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance required herein for the subcontractor(s) and provided evidence thereof to City. Verification of the required insurance shall be submitted and made part of this Agreement prior to execution. 4.1 Workers' Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers' Compensation Insurance and Employer's Liability Insurance for any and all persons employed directly or indirectly by Consultant, The Statutory Workers' Compensation Insurance and Employer's Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000.00) per accident. In the alternative, Consultant may rely on aself-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the Texas Labor Law. Determination of whether aself- insurance program meets the standards of the Labor law shall be solely in the discretion of the City Attorney. The insurer, if insurance is provided, or the Consultant, if a program of self-insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.2 Professional Liability Insurance. If Consultant shall be performing licensed professional services, Consultant shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals' errors and omissions. 4.2.1 Any deductible orself-insured retention shall not exceed $150,000 per claim. 4.2.2 An endorsement shall state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 4.2.3 The policy must contain a cross liability clause. 4.2.4 The following provisions shall apply if the professional liability coverages are written on a claims-made form: 13 a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least three years after completion of the Agreement or the work, unless waived in writing by the City. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five years after completion of the Agreemenl or the work. The City shall have the righl to exercise, a1 the Consultant's sole cost and expense, any extended reporting provisions of the policy, it the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.3 Requirements for All Policies. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with certificates of insurance and with original endorsements effecting coverage required herein. The certificates and endorsements for each insurance policy are to be signed by a person authorized by that insurer to bind coverage on its behalf. The City reserves the right to require complete, certified copies of all required insurance policies at any time. 4.4.3 Subcontractors. Consultant shall include all subcontractors as insured under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements slated herein. 4.4.4 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. During the period covered by this Agreement, only upon the prior express written authorization of the City, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, contractors, consultants, and volunteers. The City may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of lasses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to the City. 4.4.5 Notice of Reduction in Coverage. In the event that any coverage required by this section is reduced, limited, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant's earliest possible opportunity and in no case later than five days alter Consultant is notified of the change in coverage. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant's breach: • Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; 14 Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or ^ Declare Consultant in material breach of the Agreement and terminate the Agreement. 4.6 Waiver. The Risk Manager of the City has the authority to waive or vary any provision of Sections 4.2 through 4.5. Any such waiver or variation shall not be effective unless made in writing. Section 5. INDEMNIFICATION AND CONSULTANT'S RESPONSIBILITIES. Consultant shall indemnify, defend with counsel reasonably acceptable to the City, and hold harmless the City and its officials, officers, employees, agents, contractors, consultants, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in pars, by the willful misconduct or negligent acts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the negligence or willful misconduct of the City or its officers, employees, agents, contractors, consultants, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Texas Civil Code. Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consullant acknowledges and agrees to the provisions of this Section and that it is a material element of consideration. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right io control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subparagraph 1.3. Otherwise, City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, slate, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and all claims to, any compensation, benefit, or any incident of employment by City. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent. Consultant shall have no authority, express or implied, pursuant to this Agreement to bind City to any obligation whatsoever. Section 7. LEGAL RE4UIREMENTS. 7.1 Governing Law. The laws of the State of Texas shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals of whatsoever nature that is legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at 15 all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions and to perform this Agreement. In addition to the foregoing, Consultant and any subcontractors shall obtain and maintain during the term of this Agreement valid business license from Ciiy. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person's race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and loco! laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the City or this Agreement. Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may terminate this Agreement at any time and without cause upon written notification to Consultant. In the event of termination, Consultant shall be entitled to compensation for services performed prior to the effective date of termination as provided in Section 2. City, however, may condition payment of such compensation upon Consultant delivering to Ciiy any or all documents, photographs, computer software, video and audio tapes, and other materials provided to Consultant or prepared by or for Consultant or the City in connection with this Agreement. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the City, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant's unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the City. Consultant shall not subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors listed in the Consultant's proposal, without prior written approval of the City. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Consultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City's remedies shall include, but not be limited to, any or all of the following: 8.6.1 Immediate cancellation of the Agreement; 8.6.2 Retention of the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement prior to cancellation; and 16 8.6.3 Retention of a different consultant at Consultant's cost to complete the work described in Exhibit A not finished by Consultant. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant's Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City at any time upon demand of the City. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. Failure by Consultant to deliver these documents to the City within the time period specified by the City shall be a material breach of this Agreement. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are preliminary drafts not kept by the Ciry in the ordinary course of business and will not be disclosed to third parties without prior written consent of both parties. 9.2 Consultant's Books and Records. Consultant shall maintain any and ail ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Section 10 MISCELLANEOUS PROVISIONS. 10.1 AttorneVS' Fees. If a party to this Agreement brings any action, inc-uding an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of Texas in Tarrant County. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of this Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void ar affect the validity of any other provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of performance or any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. 10.5 Successors and Assigns. The provisions of this Agreement shall insure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardless of location, would place Consultant in a "conflict of interest," as described in Texas Law. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement Shat would violate Texas Law. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant were an employee, agent, appointee, or official of the City 17 in the previous twelve months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of the Texas Government Code the entire Agreement is void and the Consultant will not be entitled to any compensation for services performed pursuant to this Agreement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Texas Law. Consultant certifies that it has not paid any direct or contingent fee, contribution, donation or consideration of any kind to any firm, organization, or person (olher than a bona fide employee of Consultant) in connection with procuring this Agreement, nor has Consultant agreed to employ or retain any firm, organization, or person in connection with the performance of this Agreement as a condition for obtaining this Agreement. 10.7 Contract Administration. This Agreement shall be administered by who is authorized to act for, and on behalf of, City. All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.9 Notices. Any written notice to Consultant shall be sent to: Any written notice io City shall be sent to: 100 Main Street Colleyville, Texas 76034 10.10 Professional Seal. Where applicable in the determination of the City, the first page of a technical report, first page of design specifications, and each page of construction drawings shat! be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. 10.11 Integration. This Agreement, including the exhibits, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral. 10.12 Exhibits. All exhibits referenced in this Agreement are incorporated by reference herein. CITY OF COLLEYVILLE CONSULTANT Kelly Cooper, Interim City Manager [NAME, TITLE] ATTEST: Cynthia Singleton, City Secretary Taxpayer Identification Number APPROVED AS TO FORM: 18 City Attorney APPROVED AS TO CONTENT: Paul dePingre, Information Services Manager APPROVED: Terry Leake, Finance DirectodRisk Manager 19 EXHIBIT A SCOPE OF SERVICES Mobius Partners will be proQosing the following hardware and software for the City of Colleyville Blade. VMware and SAN RFP. Storage: Centralized storage is often the center piece of the datacenter. This critical piece of enterprise equipment is often running databases, servers, and storing important data for the organization. Centralized storage can be accessed via cable or fiber channel networks. To satisfy the requirements of this RFP, Mobius Partners will be suggesting the implementation of an EVA 4400 fiber channel SAN. Currently City of Colleyville is using roughly ] TB from a HP Modular Smart Array(MSA) 500. In terms of HP storage, the MSA is considered an entry level SAN. A few drawbacks of the MSA products are, they cannot scale as high in raw storage space as other HP SAN products such as an EVA, they use less sophisticated software and management tools, often times they use slower connection methods, being iSCSI or 2 GB fiber channel, and the MSA products do not have the ability to do block level replication for DR purposes. The EVA 4400 runs on 4GB Fiber Channel and can scale as high as 96 TB. The EVA products also come with management software called EVA Command View and the EVA can also replicate block level data to another EVA locally or at a DR site, which maybe a future need for your environment. Blade Chassis and Servers: Blade server technology is way to reduce space, save on power, cooling and also reduce the amount of network cables needed in a datacenter. HP is leader in providing blade server technology to help save on all these consolidation factors. HP flagship blade server chassis is the C-Class chassis. To satisfy the requirements of this RFP, Mobius Partners will be suggesting the implementation of a HP C3000 blade chassis. This blade chassis will host (2) BL480c blade servers and it will provide interconnects to the organizations network and interconnects to communicate with the EVA 4400. HP's blade offering is the HP C-Class series. They offer two chassis types, a C7000 and a C3000. The C7000 chassis can hold up to 16 physical half-height blade servers (comparable to HP DL360's) or 8 physical full-height blade servers (comparable to HP DL 380s and 580s). The C3000 uses the same technology as the C7000, the difference is that it can only hold exactly half the amount of servers that the C7000 can hold. Therefore the C3000 chassis can hold up to 8 physical half-height blade servers (comparable to HP DL360's) or 4 physical full-height blade servers (comparable to HP DL 380s and 580s). We recommend HP blades for a couple reasons over other blades. First of all, this is now HP's 3rd generation of blade systems, while competitors are just releasing their lst generation. Also there is dynamic logic built into these systems to help drastically reduce on the power consumption needed to run the servers, in turn saving customers on their power and cooling costs. 20 VMware: Two themes that we have discussed with City of Colleyville are consolidation and dependability (or high availability). Virtualization fits right in with both of those themes. VMware is the market leader in the category of server virtualization. It is very reliable and robust product aimed to optimize server infrastructure. Typically server architecture is setup for one operating system to load on one physical server, allowing that server to run 1 or maybe 2 applications. This model only takes advantage of a small amount of resources on that 1 physical server, usually processors, memory and disk space are just sitting unused in this model. VMware corrects this, allowing customers to better utilize their server resources by ivnning multiple virtual servers on one piece of hardware. To satisfy the requirements of this RFP, Mobius Partners will be suggesting the implementation of VMware ESX Enterprise (v 3.5.1 u2) on both of the BL480c's, additionally, Mobius Partners will be proposing 1 HP DL360 to run VMware Virtual Center, to manage the VMware environment. VMware's core server product is called VMware ESX. This operating system loads directly onto bare metal server hardware. With this operating system you are able to create multiple virtual machines, allowing for a higher utilization level or your server resources, in turn providing better ROI for large server purchases. Also VMware has a product called VMware Virtual Center. This product is used to manage all the ESX servers in your datacenter and manage all the virtual machines being run on those servers. Virtual Center is also responsible for setting up clusters of multiple ESX servers. With this proposal, the ESX servers will be able to see the EVA 4400 and store virtual machines on them. Therefore, if any I server in the ESX cluster fails, all the Virtual Machines will be automatically restarted on the remaining ESX servers, this procedure is also known as High Availability, or HA. Additionally, if any virtual machines need to be moved from one ESX server to another, they will able to, using a procedure known as VMotion. HA and VMotion are only achievable with centralized storage. Mobius Partners will be proposing the following services for the City of Colleyville Blade, VMware anrt CAN RFP The following installation services are being proposed for completion in 24 hours (3 business days). Installation services will be carried out by Jeff Blankenship, Solutions Architect. Jeff is certified with HP as a Master Accredited Systems Engineer in storage, he is also certified as an Accredited Systems Engineer with HP Blade Solutions and he is a VMware Certified Professional on VI3. Storage: Installation of HP EVA 4400 SAN and HP EVA Command View SAN management software - Installation of DL360 running Microsoft Windows and Command View (v 8.0, or most recent release} 21 o Customer will provide Microsoft Windows operating system and license for DL360 o To include installation and basic setup of Command View EVA (v 8.0, or most recent release) ^ Basic setup will include II' addressing, hostnames, user accounts and verifying network and SAN connectivity Installation of EVA 4400 o To include integration with HP C3000 blade chassis with basic setup and LUN presentation ^ Basic setup will include IP addressing, hostnames, user accounts and verifying network and SAN connectivity ^ LUN presentation will include the setup of (not to exceed 2) LUNs for use by VMware servers. Training on EVA 4400 o To include basic administrative training on EVA 4400 hardware components and using the HP Command View software. Blades: Installation of HP C3000 Blade Chassis to include Installation of QTY 1 C3000 Chassis o To include integration of QTY 2 Cisco 3020 interconnects with basic setup ^ Basic setup will include 1p addressing, hostnames, user accounts and verifying network connectivity o To include integration of QTY 1 Brocade SAN switch interconnect with basic setup ^ Basic setup will include IP addressing, hostnames, user accounts and verifying connectivity to the EVA 4400 SAN o To include basic setup of Onboard Administrator ^ Basic setup will include IP addressing, hostnames, user accounts Installation of QTY 2 BL480c Server Blades o To include integration of processors, memory, disks, mezzanine cards Training on HP C3000 Blade Chassis and servers o To include basic administrative training on using the C3000 hardware and using the Onboard Administrator Module VMware: Installation of VMware ESX server and Virtual Center Installation of QTY 2 VMware ESX servers, one copy on each BL480c server blade with basic setup o Basic setup will include IP addressing, hostnames, user accounts, creating and verifying network connectivity, creating and verifying SAN connectivity o Setup of VMware High Availability between both servers o Physical to Virtual server conversions ^ Mobius Partners will do up to two physical to virtual server conversions using VMware converter o New virtual machine setup • Mobius Partners will do up to one virtual machine build - Training on VMware ESX and Virtual Center 22 o To include basic administrative training on VMware ESX, VMware Virtual Center, High Availability, VMotion, VMFS o To include training on how to convert physical to virtual servers o To include training on how to create and edit new virtual machines o To include training on how to use virtual center for creating templates, snapshots, using update manager EXHIBIT B COMPENSATION SCHEDULE Payment Terms: Net 30 days, subject to credit approval Qt Part Number Descri lion Net Price 1 458034-B21 HP BLc3000 Twr CTO Enclosure r.._~_._~.~ ~ ~ _.. $4,275.90 ~ _ 3 2 404707-B21 HP BL480c G1 CTO Blade $2,541. 98 2 O t. ODi Facto inte rated _ I $224.10 2 463058-L21 HP X5365 BL480c G1 FIO Kit _ $1 34.10 ~ ~ 2 463058-B21 HP X5365 BL480c G1 Kit _ _ ~ $9,539.10 ~ l 2 O t.OD1 Facto inte rated 4 397415-B21 HP 8GB FBD PC2-5300 2x4GB Kit $1,744.04 4 O t.OD1 Facto inte rated 4 431935-821 HP 72G6 15k 2.5 SAS HP SP HDD $1,364.20 4 O t.OD1 Facto inte rated I i 2 403621-B21 HP BLc Emulex LPe1105 FC HBA O t Kit $1,168.00 2 O t.OD1 Facto inte rated 2 405139-B21 HP SA P400 FIO 256M6 Cache $144.00 2 430341-B21 VMware ESX Enter rise 2P Lic + Pevms SW $9,809.36 ~ 2 O t. OD1 Facto inte rated 2 410916-B21 HP BLc Cisco 1GbE 3020 Switch O t Kit $5,685.88 2 O t.OD1 Facto inte rated 1 AE370A Brocade Blades stem 4/12 SAN Switch $4,799.20 1 O t. OD1 Facto inte rated 2 437572-B21 HP 1200W 12V Hot lu AC Power Su I $544.02 2 O t.OD1 Facto inte rated 2 412140-B21 HP BLc Encl Sin le Fan O lion $232.00 2 O t.OD1 Facto inte rated 1 461514-621 HP BLc3000 Twr Onboard Admin FIO $603.01 i 1 439034-623 HP c-Class All FIO 8 Icm 1 r 24x7 Lic $1,671.98 1 437575-B21 HP BLc3000 KVM Option $233.01 1 Opt. OD1 Factory integrated 1 HAi 10A3 HP 3y Support Plus 24 SVC 1 Opt. 4YK HP IC Env-BL 8-Svr SW Support $722.00 23 Shi in $ 750.00 ', Grand Total $79,140.19 Additional Information Why do business with Mobius Partners? HP expertise / HP Platinum and Elite Partner / Chosen by HP as the SAP Infrastructure Partner for South Central Texas 100°10 of our employees are HP-certified Minority-owned Shared sense of urgency -Your timeline becomes our timeline Project focus -Active engagement throughout project lifecycle Employee empowerment philosophy Leverage partnerships for mutual success We know HP products & process, but more importantly, we know the HP people that support you. Latest Awards and Accolades BUSIN~~S JOURNAL San Antonio Business Journal Fast Track -Ranked # 4 ~M(. tSSC N11gl BAlSdN[5X iQ4l ..~~.. ~ ._ ~ 1 ' ~ ~L'l~ VAR Business 500 -Ranked # 435 c~~Ii100 CRN Fast Growth 100 -Ranked # 7 Inc 500- Ranked #127 ~~p~~~YS~~~SS Hispanic Business 500 -Ranked # 168 25 ,,, ,,, ~ ~~ (~ City of Colleyville 100 Mlain Street ~~' Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 01/06/2009 Controlling Body: City Council Requester: Police Department Agenda No.: 4e Final Action: File Name: Approval to purchase four Dodge police vehicles with equipment, and one Dodge administrative vehicle with equipment, from The Clark Group/McKinney Dodge, through a Cooperative Purchasing Program, in an amount not to exceed $154,370.00 Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 01/06/2009 City Council Title Approval to purchase four Dodge police vehicles with equipment, and one Dodge administrative vehicle with equipment, from The Clark Group /McKinney Dodge, through a Cooperative Purchasing Program with the State of Texas, in an amount not to exceed $154,370.00, and authorize the City Manager to execute the agreement Explanation Reading and Public Hearing The Colleyville Police Department will be replacing four police vehicles with equipment, and one administrative vehicle with equipment in Fiscal Year 2009 (FY 2009). Specifications for the four 2009 Dodge police vehicles, and one 2009 Dodge administrative vehicle have been submitted to The Clark Group /McKinney Dodge, a conglomerate dealership in Dallas, which is an approved vendor through a Cooperative Purchasing Program with the State of Texas. The Clark Group can provide the specified vehicles and will deliver upon receipt of a purchase order. Financial Impact It has been determined that funds for the four Dodge police vehicles with equipment and one Dodge administrative vehicle with equipment are allocated in the Colleyville Crime Control and Prevention District FY 2009 budget. Recommendation Approval City of Colleyville Page 1 Printed on 12/23/2008 ;.;~, ,,, -: ~. ,~ w ~ r, :.: City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: Version: 1 Requester: Engineering Department File Type: Resolution Agenda Date: 01/06/2009 Agenda No.: 4f Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of a construction contract with Access Paving Inc., in an amount not to exceed $149,600.00 for the Pleasant Run Trail Improvement Project, and authorize the City Manager to execute the contract Attachments: 2009 Pleasant Run Trail Project Bid Opening.pdf History of Legislative File Version: Date: Acting Body: Action Text: 01/06/2009 City Council Title Approval of a construction contract with Access Paving Inc., in an amount not to exceed $149,600.00 for the Pleasant Run Trail Improvement Project, and authorize the City Manager to execute the contract Explanation Reading and Public Hearing The Fiscal Year 2008 (FY 2008) Colleyville Economic Development Corporation (CEDC) budget included a provision for the expenditure of $170,000.00 for construction of the Webb House Trail on L.D. Lockett Road. In May 2008, City Council authorized the re-allocation of $160,000.00 of these funds to be used for constructing a portion of trail along the east side of Pleasant Run Road, from Hardage Lane south to the north entrance of the Colleyville Elementary School. This trail section is intended to improve pedestrian access to the school along Pleasant Run Road. Thirteen bids were received by the Engineering Department on December 22, 2008 for the proposed trail. Access Paving Inc., was the low bidder with a bid of $149,600.00, which includes a 25% contingency. Access Paving Inc., has satisfactorily completed projects in Colleyville in the past. Financial Impact It has been determined that funding is available in the CEDC budget. Recommendation Approval City of Colleyville Page 1 Printed on 12/30/2008 2009 Pleasant Run Trail Project Bid Opening Company Name Total Bid Amount 1 A & M Construction Group $140,038.00 2 Greenscaping $173,610.00 3 Cole Construction $144,838.00 4 Estrada Concrete Co. $123,530.00 5 Ratliff Hardscape $162,827.07 6 Conaster Construction $166,655.00 7 Canary Construction $206,092.00 8 McMahon Contracting $132,877.49 9 Atkins Brothers $210,185.00 10 Ken-Do Contracting $172,020.00 11 Access Paving $119,680.00 12 Styles Contracting $124,680.00 13 L.A. Sears Constructing $149,170.35 City Hall /"~' `' ~ City of Colleyville 100 Main Street ~,,,} Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 vrww.col leyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 01/06/2009 Controlling Body: City Council Requester: Fire Department Agenda No.: 4g Final Action: File Name: Approval of the renewal of an annual contract with the Tarrant County Emergency Services District for Fire/EMS response to unincorporated Bandit Trail, and authorizing the City Manager to execute the contract Attachments: Tarrant County Emergency Service District Contract History of Legislative File Version: Date: Acting Body: Action Text: 1 01/06/2009 City Council Title Approval of the renewal of an annual contract with the Tarrant County Emergency Services District for Fire/EMS response to unincorporated Bandit Trail, and authorizing the City Manager to execute the contract Explanation Reading and Public Hearing The Fire Department seeks approval to renew the contract with Tarrant County Emergency Services District, whereby the City provides fire and emergency medical service response to four properties on Bandit Trail which lie in an unincorporated portion of Tarrant County. Tarrant County pays the City $8,250.00 annually, in quarterly payments, for the provision of these services. Financial Impact It has been determined that the annual contract is $8,250.00 and is paid to the City quarterly. Recommendation Approval City of Colleyville Page 1 Printed on 12/29/2008 THE STATE OF TEXAS § § § § COUNTY OF TARRANT § City of Colleyville, Texas Fire Service Emergency Medical Services The TARRANT COUNTY EMERGENCY SERVICES DISTRICT NO.ONE, acting by and through its Board of Emergency Commissioners, hereafter referred to as DISTRICT, and the CITY OF COLLEYVILLE, TEXAS, hereafter referred to as CITY, enter into the following Agreement: Section 1: Authority and Services CITY has a volunteer fire department recognized by the Insurance Commission of the State of Texas or a full-time professional fire department, and is, by an order or resolution of its governing body, authorized to enter into this Agreement with DISTRICT for the use of the personnel and equipment of CITY for the purpose of providing fire protection to real and personal property and emergencv medical services (EMS) located outside the boundaries of CITY and within such distance as the CITY may be reasonably expected to render service in ~Ase of emergency service needs. Said service area(s) is highlighted on the attached Exhibit Section 2: Fire Services Provided CITY and DISTRICT hereby agree that for and in consideration of the monies to be paid by DISTRICT to CITY, the CITY will provide, through its fire department, fire protection services to the area described. These services include fire protection, fire rescue and first response for emergency medical services. In the event that the CITY resources are unavailable at the time of the request for services, the CITY will take reasonable efforts to make the resources available as soon as reasonably possible. Section 3: Fire Service Compensation DISTRICT agrees to pay to CITY the total sum of EIGHT-FIVE HUNDRED DOLLARS ($8,500.00) during this contract year by making equal quarterly payments during the months of January 2009, April 2009, July 2009 and October 2009 for fire protection services in the service area outlined in Exhibit "A." Section 4: EMS Compensation For EMS, if provided by CITY under this Agreement, the DISTRICT agrees to pay to CITY an amount based upon the CITY's proportionate per run share determined by dividing the sum of ONE MILLION DOLLARS ($1,000,000.00), the amount anticipated being available for such payments, by the total points per service run as established by the 1998-1999 Rules and Regulations adopted by DISTRICT, a copy of which is attached hereto and marked as Exhibit "B,"for all EMS runs made in the areas served by the DISTRICT and multiplying that quotient by the total number of points accrued by CITY for that quarter of the service year. DISTRICT will FY 2009 -CITY OF COLLEYVILLE, TEXAS Page 7 make quarterly payments of the amount due the CITY during the months of February 2009, May 2009, August 2009 and November 2009. Section 5: EMS Reports CITY will deliver reports of EMS calls to the DISTRICT at its offices at 2750 Premier Street, Fort Worth, Texas, no later than the 15"' day of the month following the month in which a service run was made by CITY in order to be eligible for payment and the CITY agrees that the determination by DISTRICT will be final regarding the allocation of service run points. Section 6: Equipment DISTRICT is under no obligation with respect to providing fire fighting equipment or ambulance vehicles or supplies, or any other expenses incidental to the carrying out of this Agreement, and will have no right, title or interest in and to vehicles and equipment belonging to or contracted for by CITY. Section 7: Term Regarding payment, this Agreement will be in full force and effect for and during the period beginning October 1, 2008 and ending September 30, 2009. Regarding response purposes, this Agreement will remain in force until the 2009-2010 DISTRICT budget is approved by the Commissioners and a new Agreement is executed retroactive to October 1, 2009. Section 8: Pavment of Funds The DISTRICT will use its general fund to pay for the services supplied by the CITY pursuant to this Agreement. Payment pursuant to this Agreement will be in accord with the Rules and Regulations promulgated by the Commissioners. Said payments will be made as funds are available to DISTRICT. Section 9: Emergency Scene Control Whenever CITY responds to a call outside its normal jurisdictional limits, it will operate underthe Fire Code in effect within the CITY limits of such cities or fire department primarily responsible for service to the area being served by CITY. Any fire investigators or other personnel who respond from DISTRICT to a fire or emergency scene which is under the control of CITY will be governed by the Fire Code of the CITY within whose limits the CITY normally operates. CITY personnel agree to fully cooperate with DISTRICT personnel. Section 10: Inspection of Equipment The DISTRICT or its agent has the right to inspect the equipment of the CITY that the CITY operates in its performance under this Agreement. The parties acknowledge that the nature of the CITY's equipment determines the consideration paid under this Agreement. In the event that the inspection reveals that the equipment is not in operating condition and incompliance with the ISO requirements for a department of its size, the CITY will authorize a re-inspection by the DISTRICT within fifteen (15) days. In the event the equipment is not in operating condition or in FY 2009 -CITY OF COLLEYVILLE, TEXAS Page 2 compliance with the ISO requirements for a department of its size during the re-inspection, all payments by the DISTRICT to the CITY will cease until the problem is corrected as certified by the DISTRICT. Section 11: Monthly Resorting Required All monthly reports, fire or ambulance, shall be turned in to the Fire Marshal's office no laterthan fifteen (15) days after the end of the applicable month. The failure to timely file the monthly report shall excuse the DISTRICT from payment for that applicable month resulting in a reduction of one-third of the quarterly payment to the CITY for each applicable month. Section 12: Workers' Compensation Coverage The CITY shall maintain statutory workers' compensation coverage for its employees, officers and volunteers regarding the CITY's performance under this contract. The CITY recognizes that the DISTRICT has no responsibility to furnish this coverage and CITY waives any right to pursue the DISTRICT for liability regarding payments forthis coverage orfor liability regarding payments for claims filed against this coverage. Section 13: Line of Dutv When an employee or volunteer of the responding CITY is performing duties under the terms of this Agreement, that person is considered to be acting in the line of duty for the purposes of 42 U.S.C.A., Section 3796; is considered to be in performance of duties within the provisions of Chapter 615 of the Texas Government Code, and Chapter 142, Texas Local Govemment Code; and shall be entitled to any other benefits which accrue under law as a result of injury, death or loss which occurs while in the line of duty. This section does not increase the DISTRICT'S liability under this Agreement. Section 14: Mutual Aid The assisting party (CITY) shall be responsible for any civil liability or costs that may arise from the fire protection, fire rescue and first response for emergency medical services that the assisting party provides to the requesting party (DISTRICT) under this Agreement. The assignment of liability provided by this Agreement is intended to be different than liability otherwise assigned under Texas Government Code, Section 791.006(a) which provides that the governmental unit that would have been responsible for fumishing the services in the absence of the contract is responsible for any civil liability that arises from the furnishing of those services. It is expressly understood and agreed, however, that in the execution of this Agreement, neither the CITY nor the DISTRICT waives, nor shall be deemed to waive, any immunity or defenses that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. Section 15: Imalied Rights• Emoloyees By entering into this Agreement the parties do not intend to create any obligations expressed or implied other than those specifically set forth herein and this Agreement will not create rights in parties not signatories hereto. The employees of the CITY are not employees or agents of the FY 2009 -CITY OF COLLEYVILLE, TEXAS Page 3 DISTRICT by virtue of this Agreement. The employees of the DISTRICT are not employees or agents of the CITY by virtue of this Agreement. Section 16: Conferring of Riahts This Agreement does not confer any rights on third parties who are not signatories to this Agreement, therefore no person may bring suit against CITY or DISTRICT regarding the performance of this Agreement as a third party beneficiary of this Agreement. Section 17: Cancellation DISTRICT and CITY retain the right to cancel without cause this Agreement on thirty (30) days written notice to the non-canceling party. In the event of cancellation, DISTRICT will pay a prorated share of the monies due for the remainder of that quarter only if the CITY provides services as required in the Agreement during the period of time leading up to the termination date. However, in the event that CITY exercises this right of cancellation, CITY must repay to DISTRICT all money paid CITY by DISTRICT for personal property, if any, purchased by the CITY with funds from the DISTRICT. WITNESS the signatures of the respective parties hereto this the day of TARRANT COUNTY EMERGENCY CITY OF COLLEYVILLE, TEXAS SERVICES DISTRICT NO.1 President Authorized Official ATTEST: ATTEST: SecretarylTreasurer Secretary FY 2009 -CITY OF COLLEWtLLE, TEXAS Page 4 ~_"_ ~" City Hall ~~ ~? ` -~ ~~ City of Colleyville 100 Main Street `~ ~ Colleyville, Texas 76034 ~~~~~"~ Agenda Briefing 817.503.1000 www.colleyvil le.com File Number: 0-09-1705 File Number: 0-09-1705 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 01/06/2009 Agenda No.: 5a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Longwood Estates at Ross Downs Addition, Case Z-08-016 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Site Plan • Ordinance 0-95-0987 Ordinance 0-04-1474 Exhibit Ordinance 0-09-1705 History of Legislative File Version: Date: Acting Body: Action Text: 12/08/2008 Planning and Zoning Commission 01/06/2009 City Council Title Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements of the Longwood Estates at Ross Downs Addition, Case Z-08-016 Explanation First Reading and Public Hearing David McMahan, of Four Peaks Development, Inc., has submitted a request to amend Ordinance 0-04-1474 that allows aPUDC-Planned Unit Development Commercial zoning district for office, retail and restaurant uses on approximately 7 acres, located at 7153-7171 Colleyville Boulevard. Existing Zoning. Ordinance 0-04-1474 was approved by City Council on August 17, 2004. The PUDC ordinance amends the commercial portion of the original ordinance (0-95-987) for Longwood Estates at Ross Downs by allowing for CC-1 and CC-2 uses, excluding convenience stores and restaurants with drive-through services, due to concerns voiced by the residential portion of the Longwood Estates at Ross Downs Addition. Proposed Zoning Amendment. The applicant is seeking to amend the existing ordinance to allow for adrive-through coffee shop use on the north-facing wall of the existing building, on Lot 2 ,located adjacent to Colleyville Boulevard. The recently constructed 9,950 square foot shell building includes a window, located on the north-facing wall, which could be used for drive-through services if a permitted use moves City of Colleyville Page 1 Printed on 12/23/2008 Agenda Briefing Continued (0-09-1705) into this portion of the building. The applicant can currently lease to tenants such as a bank or dry cleaner, which are permitted to operate adrive-through service in this portion of the development. Master Plan. The Colleyville Plan designates the subject property for retail uses. Surrounding Properties. The surrounding properties consist of a variety of land uses. The property to the west is zoned ML-Light Manufacturing and contains retail uses. Properties to the north are zoned PUDR-Planned Unit Development Residential and contain single family residential uses and Big Bear Creek. The properties to the east are zoned PUDC-Planned Unit Development Commercial, ML-Light Manufacturing and are currently vacant. Properties to the south are zoned PUDC-Planned Unit Development Commercial and contain single family residential homes. Public Notification. Staff mailed notices to 21 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding the request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the December 8, 2008 meeting by a vote of 7-0. Summary. The applicant is requesting the amendment in order to provide space for a potential coffee shop tenant. The PUDC already allows for other potential drive-through uses, such as a bank ordry-cleaner, at this location. Financial Impact It has been determined that there is no financial impact. Recommendation Approval with the conditions stated in the draft ordinance. City of Colleyville Page 2 Printed on 12/23/2008 Location and Zoning Map ~~~ .:.` ''~, ~~ ,- , f,. ,~ ,,~ 1 ,%`" r- .0 ~ , ,. 0 :^t2,p4 r~~ -~--~„``~ •'2208 ~,, PU D R ~_ ., , ,. 0 I „~ ~;,~q2 ~, 9 '~`"`- ~`' ~ "2205 ~ ~ r' ~ 22a8 `~ ,~~$ ~. 209 1 ~` r ~~ ,~~3 27-24 720 -~ ' ~ `fi ~ `~ X17 ,~ $It@ _ 0 72 ~ ; 7201 ~ ~ 7171 ~ ~~ ~ _ 1h1 - i PUDC `~ ' ~~ : ~ r- ,~~-- o ~~ 71:i3~~ use. ~ `- ~iG9 Or. ?sr~112 ,~ CG ~~0~ _ ~o~~ 70D4 7~0~ `~`, ; an`' c~ 5- -{~ ~~ ~ ~~ ^ ~ ~5- ~ c~ o - '~ ~~ ~. `1 ~ ~,a 7011 ~ - - ~ [iANI~~'l~n ~~oi .~' ~ t 4i; - ~ a ~ ° ~ ~ ~• 6909 ~ ~ ~' ~ ~ ~ .~" 6910 ', G ~ " 6907 `; "~_ ~'i_ ~~~ ~ ~ 911 " ~ - '~ ~y 6908~~ C 6905 :~; ~ ~ 230'6 230 231 '; lf, ~ 6909~`~ .•=' Q 230' 230k1 's~ ~~UDR_~_ ..-'"~1, ,6906.E `ti~. '~~ 2300 ~~, s . _- - ~_ ~ ~ 6903 691 £s ;;,_~..t. ~- -- ~ -~---~- - ~~ .~. 6907 ~-~`~'~ ~t. ' ----_i ~~::t~ ~ 2311 ~ ~i ,,.. '~tY.~-~ 307 309 ~ ..-~ 690.- ~~ ti~~ 69 7009 6916 ~~ 03~0~ ~, ~-. --~~`~ -~ 6905 '~, 690? ~`~ ~_ _ 12301 ~ '.:. ~---~-~~" 6906 -" ~~ ` 6900,.- -- ~j ~ 09 b903 ,t 6914 ~~ 4 6910 ~ ~-~~"~ ~ f '' __ 1 2402•.,_,. ,l Notification List OWNER_NAME OWNER_ADDR OWNER_ CITY OWNER _STATE OWNER _ZIP SITUS_ADDR Longwood Plaza Partners 1901 N Akard St Dallas TX 75201 7171 Colleyville Blvd Ctm Capital Llc 7167 Colleyville Blvd Unit 104 Colleyville TX 76034 7167 Colleyville Blvd Ctm Capital Llc 7167 Colleyville Blvd Unit 104 Colleyville TX 76034 7167 Colleyville Blvd Aghdam, Lida G 2503 Ballantrae Dr Colleyville TX 76034 7155 Colleyville Blvd Moon, Woo J Etux Myung S 7009 Cole Ct Colleyville TX 76034 7009 Cole Ct Krikorian, Gabriel Y 7008 Cole Ct Colleyville TX 76034 7008 Cole Ct Unique Landscaping Design 7111 Colleyville Blvd Colleyville TX 76034 7111 Colleyville Blvd Rtan-Rtan Enterprises Inc 4424 Young Dr Carrollton TX 75010 7109 Colleyville Blvd # B Lee, Darren M Etux Miriam S 7005 Cole Ct Colleyville TX 76034 7005 Cole Ct Unique Landscaping Design & 7111 Colleyville Blvd Colleyville TX 76034 7111 Colleyville Blvd Bhatla, Ravinder N Etux Neelu 7009 Coleman Ct Colleyville TX 76034 7009 Coleman Ct Hudak, Jason Etux Michelle R 7004 Cole Ct Colleyville TX 76034 7004 Cole Ct White, Patricia S 7001 Cole Ct Colleyville TX 76034 7001 Cole Ct Wozniak, Craig C Etux Pamela A 7004 Coleman Ct Colleyville TX 76034 7004 Coleman Ct Blades, Catherine H Etvir B 7005 Coleman Ct Colleyville TX 76034 7005 Coleman Ct Marr, David G & Lesley Marr 7000 Cole Ct Colleyville TX 76034 7000 Cole Ct McMahon, Patrick Etux Geraldin 2212 Danielle Dr. Colleyville TX 76034 2212 Danielle Dr Rosado, Juan R Etux Marianela 2208 Danielle Dr Colleyville TX 76034 2208 Danielle Dr Birkenfeld, Richard PO Box 93089 Southlake TX 76092 7001 Coleman Ct Kuhn, Alyce 2204 Danielle Dr Colleyville TX 76034 2204 Danielle Dr Tabone, George Etux Amy 7000 Coleman Ct Colleyville TX 76034 7000 Coleman Ct David McMahan, applicant 726 Commerce #109 Southlake TX 76092 applicant Public hearing notices were mailed by Amy Shelley on Wednesday, November 26, 2008. Signature Statement of Planning Objectives PLANNING OBJECTIVES FOR LONGWOOD PLAZA This application is being made to modify or amend the current zoning for Lot 1, Block 11, Longwood Estates at Ross Downs to more particularly permit, with restrictions, a drive-through restaurant on sub-lot 2. During the original zoning of this property, discussions were put forth that the City did not want adrive-through restaurant such as McDonalds or Wendy's at this location. The applicant agreed to that position and still concurs with that position. This request is being made by the owner of sub-lot 2 to allow a user such as a coffee store, that may serve some food items, be allowed to locate and operate on this property and utilize the drive through window designed and being constructed with this development. It is proposed by the applicant that the qualification, or threshold, to determine if a user is a restaurant in the traditional since or not, and would therefore be disqualified from utilizing the drive-through provided in the development would be if the sales of traditional food items, not drink items, accounts for more than fifty percent (50%) of the gross revenues generated by the store located herein, that user may not utilize the drive through facility. We respectfully request your approval of this modification to the existing zoning ordinance and hope this change will allow a user that will compliment other users within the entire project and will help attract other retail tenants to the building. DEVELOPMENT SCHEDULE The retail building on sub-lot 2 of Lot 1, Block 11, Longwood Estates at Ross Downs is currently under construction. Approval, or disapproval, of this application will have no impact on the design of the building itself, the parking, drives or landscaping. This proposed change will not effect the timing of the development other than it may increase the lease-up time of the center as the change will allow the center to accommodate several different users who have expressed an interest in the location. OWNERSHIP The project is currently being developed by, and will be owned by, Longwood 26, Ltd. RECEIVED Per ............. Site Plan 0 O ~ r D r -~ rT~ r. ~_ <~ ~_ r, D ~~ O z C O r' r*i D ~ ~~~ ', V I I I ICI I I I I J ~ ~ J - ~~-~ ____ S2S 02' 02"E 179.01' -~-~--- / _ _ _ _ ~ - I ~• v _, o j7 / 24'FIRE LANE- ~ 3 -~ u ~ m \ II i \ I ~ _ / : ~ v I \ I 3 -. ln .~ \ as-,o. ~ v = ~ ~, I s ,~ ~ g Is - ~ 1 ~ T 4 I n ~ - --° I ` ~'° ~ -~ I~ p C .; I I ~ ~, ~ mrg °o ~ ti R ~ AI_ I T~ I l:'.' I ~ ~ i I ~- _ ' a ~~ ° ~ u ° I I i 4 I ~ -~--Is. ` ~ \ '~ Y ~.~ I - ' l NO I ~' 4 ~~ I - I :~ N O - ~ ~ '~ O u , ~A of ~I ~ < Z _p fi 4 y I ' O ~_ ri ~_ ~~ ,' Ip ~q I C y~ I - 4 y ~ ~ / i ___ ~~ ~' 1 .. -~ T ~I ~ \ _ ~ 15' UTILITY EASEMENT ~I -,u ~ N23. 02' 02"W 176.38' ~ LONGWOD/26 LTD, I ~ R P G A t;j~#p ~ ~ ~ Y 3 9 ~ NEW RETAIL BUILDING AT: ^' f^i ~~ ~ ~ ~ ^ ~ E 8 1 O N G R O U P. I N C. ~~~ O t _._.,....... ......,...,.. . _ ' ~ ~ -' ~ 7171 COLLEYVILLE BLVD. ~ • •~ •• N COLLEYVILLE TEAS ~..+............ ..~......~... .,,~.... ...~.~~ ~.....~ t~7 b ORDINANCE 0-95-987 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIALZONING MAP AND CHANGING THE ZONING OF 21.299 ACRES OUT OF THE M.W. DAVENPORT SURVEY, ABSTRACT 432; THE J.N. GIBBON SURVEY, ABSTRACT 591, TRACTS 4A3, 4A1, 4A3B AND THE ROBERT CROWNING SURVEY, ABSTRACT 294, TRACT 1E AND A PORTION OF TRACT 1, IN THE CITY OF COLLEYVILLE, TEXAS FROM THE ML (LIGHT MANUFACTURING) DISTRICT TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL WITH 28 RESIDENTIAL LOTS) DISTRICT; PROVIDING A PENALTY AND AUTHORIZING PUBLICATION. WHEREAS, an application for zoning change was filed by John Cole, Colleyville Development Limited Partnership on February 22, 1995,under Case No. Z- 95-007; and, WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 200 feet of the property herein described at least 10 days before such hearing; and, WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyville at least 15 days before such hearing; and, WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and, WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before bath the Planning and Zoning Commission and the City Council; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyville; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Zoning Ordinance of the City of Colleyville, Texas, and the accompanying Zoning Map (as indicated in Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described by metes and bounds (Exhibit B) by changing the zoning of said property from the ML (Light Manufacturing) district to the PUD-C (Planned Unit Development-Commercial) districttogetherwith all site plans, 0-95-987 Page 2 of 11 supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to: the Development Standards, which are Attachment 1 to this ordinance, and the Conceptual Site Plans, which are Attachment 2 to this ordinance. Attachments 1 and 2 shall be incorporated in this ordinance for all purposes. Sec. 2. Any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville and accompanying official Zoning Map thereto shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. The City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the o?/sf day of r , 1995. The second reading and public hearing being conducted on the ~ day of ~ , 1995. The third reading and public hearing being conducted on the ~~~ day of i ~ , 1995. ATTEST: ~~/~~ an Harris, CMC City Secretary CITY OF COLLEYVILLE Cheryl Feigel Mayor APP OVED AST FORM AND LEGALITY: ~..-~~ Ross T. Foster City Attorney SECTION 3.14 OF CITY CHARTER: IF THE MAYOR SHALL NEGLECT TO APPROVE OR OBJECT TO ANY SUCH PROCEEDINGS FOR A LONG- ER PERIOD THAN SEVEN (7) DAYS AFTER ORDINANCE OR RES- OLUTION IS PLACED IN THE OFFICE OF THE CITY SECRETAR AS AFORESAID, THE SAME SHAL BECOME EFFECTIVE IMMEDIATEL UPON PUBLICATION AS REQUIRE BY LAW. EFFECTIVE MAY 15, 1995 RpN' t~MAR i ~PU~-R / ~ \ 4A AG EXHIBIT A ORDINANCE 0-95-987 LEGAL DESCRIPTION BEING all that certain tract, parcel, or lot of land located in the ROBERT CHOWNING SURVEY, Abstract No. 294, the J. N. GIBBON SURVEY. Abstract No. 591, the M. W. DAVENPORT SURVEY, Abstract No. 432, and the A. J. LOTT SURVEY, Abstract No. 963, Tarrant County, Texas, and more particularly described as follows; BEGINNING at a point in the south right-of-way line of State Highway No. 26 (Colleyville Boulevard) and the west right-of--way line of Longwood Drive, for the beginning of a curve to the right with a central angle of 26°29'29", a radius of 470.00 feet, a tangent length of 110.63 feet, and a chord bearing of S 08°14'44" E, with a chord length of 215.38 feet; THENCE an arc length of 217.31 feet along said curve; THENCE SOS°00'00" W, 85.45 feet to the beginning of a tangent curve to the left, with a central angle of 59°48'02", a radius of 530.00 feet, a tangent length of 304.77 feet, and a chord bearing of S 24°54'01" E, with a chord length of 528.40 feet; THENCE an arc length of 553.17 feet along said tangent curve; THENCE S 54°48'02" E, 22.38 feet to the beginning of a tangent curve to the right, with a central angle of 13°13'52", a radius of 475.02 feet, a tangent length of 55.09 feet, and a chord bearing of S 48°11'11" E, with a chord length of 109.45 feet; THENCE an arc length of 109.70 feet along said tangent curve to the beginning of anon-tangent line; THENCE S 78°49'39" W, 527.87 feet; THENCE S 79°37'39" W, 737.55 feet; THENCE N Ol°13'48" E, 269.94 feet; THENCE N 89°31'06" W, 23.99 feet; THENCE N 00°04'22" W, 120.70 feet; THENCE N 79°37'39" E, 301.03 feet; THENCE N 23°47'43" W, 163.09 feet; THENCE N 86°48'58" W, 229.10 feet; THENCE N 00°17'24" W, 22.11 feet; THENCE S 89°42'25" W, 59.16 feet to the beginning of anon-tangent curve to the right, with a central angle of 04°52'27", a radius of 2814.79 feet, a tangent length of 119.80 feet, and a chord bearing of N 54°55'14" E, with a chord length of 239.38 feet; THENCE an arc length of 239.45 feet along said non-tangent curve to the beginning of anon-tangent line; THENCE N 66°56'39" E, 137.41 feet; ALLBDY.FNS February 22, 1995 EXHIBIT B ORDINANCE 0-95-987 THENCE N 67°07'40' E, 502.20 feet; THENCE N 66°11'40' E, 206.12 feet to the POINT OF BEGWNING, containing 17.926 Acres (780,840 square feet) of land, more or less. ALI.BDY.FNS February 22, 1995 EXHIBIT B ORDINANCE 0-95-987 LEGAL DESCRIPTION TRACT 2 BEING all that certain tract, parcel, or lot of land located in the J.N. GIBSON SURVEY, Abstract No. 591, Tarrant Counry, Texas, and more particularly described as follows; BEGINNING at a point in the south right-of-way line of Colleyville Boulevard (State Highway 26); THENCE N 66%%dll'40" E, 379.76 feet; THENCE S 34%%d56"LO" E, 309.90 feet; THENCE S 04%%d01'40" W, 136.64 feet; THENCE S 90%%d00'00" W, 494.49 feet to a point in the east right-of-way line of Longwood Drive (a 60' R.O.W.); THENCE NOS%%d00'00" E, 28.93 feet to the beginning of a tangent curve to the left, with a central angle of 22%%d48'12", a radius of 530.00 feet, a tangent length of 106.88 feet, and a chord bearing of N 06%%d24'06' W, with a chord length of 209.55 feet; THENCE an arc length of 210.94 feet along said tangent curve to the POINT OF BEGINNING, containing 3.456 Acres, (150,545 square feet) of land, more or less PZON4H.FNS February 22. 1995 EXHIBIT B ORDINANCE 0-95-987 DEVELOPMENT STANDARDS 6.97 ACRE COMMERCIAL TRACT COLLEYVILLE DEVELOPMENT LIMITED PARTNERSHIP 1. The Site Plan submitted at the time of approval of the PUD-C zoning for the subject tract is conceptual in nature. A revised Site Plan will be submitted for approval by City Staff prior to issuance of Building Permits. 2. The minimum rear setback along the southern and western edge of the property shall be 25 feet. 3. The final site plan submittal shall include elevation designs of all sides of the buildings. 4. All mechanical equipment and dumpsters shall be screened from all views. 5. All facades will be in accordance with stipulations and regulations of the City of Colleyville Building Codes. Design features may include decorative tile, stone, brick or block provided such design features conform to all City requirements. 6. All conditions listed here shall be in addition to the requirements for the site set forth in the Zoning Ordinance and Building Code. 7. Building signage will be coordinated by the Developer to insure consistency and aesthetics and be subject to approval by the City Staff. 8. A screening fence shall be erected along the southern and western edge of the property. 9. Sidewalks shall be provided in accordance with the Sidewalk Ordinance on or adjacent to the rights- of-way of Highway 26 and Longwood Drive. 10. Building frontage along Longwood Drive will be a minimum of 120 feet. 11. All landscaping will be done in accordance with the City of Colleyville Landscape Ordinance. 12. If no parking is provided between the proposed buildings and the street, then the building setback line can be varied to zero. 146002DE.STD ATTACHMENT 1 ORDINANCE 0-95-987 Ordinance COLE PROPERTY: Development Standards 1. 2. 3. 4. 5. 6. 7. Residential Use a. Single-family dwellings only, not to exceed two stories. Size and Conditicn of :louse a. Minimum house size to be 2,000 s.f. (single story) and 2,300 s.f. (two story). b. 85$ constructed of brick, stone or approved masonry on the first floor. Landscaping and Retaining Walls a. All retaining walls, planter walls and mail boxes visible from any public right-of-way shall be con- structed of brick, stone, wrought iron or a combina- tion thereof. Garages a. Maximum of three caz garage. b. Minimum of two car garage. c. Front, side or rear entry (corner lots require matching masonry wing screening wall acceptable to the Architectural Control Committee on side street if garage is to be accessed from side street). Roof ' a. 8/12 pitch b. Slate, copper, clay the or Architectural Control Committee approved composition shingle. Exterior Surface Site plan and all elevations shall be approved by the Architectural Control Conanittee. Sidewalks and Driveways Front sidewalks will be required. All driveways and sidewalks shall be of concrete or of clay brick or con- crete brick pavers approved by the Architectural Control Comtn.ittee . ATTACHMENT 1 ORDINANCE 0-95-987 Ordinance -2- 8. Fe^^°s a.^.d Walls Fences and walls shall be no higher than 8 feet. All fence designs must be approved by the Architectural Control Committee. 9. Storage of Non-Motorized Vehicles and Equipment None allowed where visible from streets, Common Area and adjacent lots. 10. Covenant to Complete Construction a. Construction must begin within one year from acquisition of the lot. b. Construction must be complete within six months. 11. Antennas a. No radio or TV antennas visible on the property. b. Satelite dishes must be screened and shall not be visible from streets and adjacent lots. c. No ground mounted radio antennas will be permitted. 12. Vehicles a. No vehicle may be parked on public right-of-way over 24 hours. b. Storage of trucks or other oversized vehicles shall not be allowed in driveways. ATTACHMENT 1 ORDINANCE 0-95-987 r t, ,., } t- 7 f 11 ~~ !-% jl " ~ l 7 - t 7i r E . 7 _ ~ . 1 ';: i .i « ~ j ~ ! '~~ii jlf 1 ~~{ i ~.:! { t:t! f i~ _ ~ ~ ~ = ~ .::• t • i ';;it iiS*; 1!}~ :' }~i r} ' 1 I } 1 1 i i 1 j~~i ~ i i ,' ~ t •~:4 •~' < T t y 7r1 E~ fir. ' :.! ( r `.~tJ ,I • i .. ~ 7 - _ ~ 1t ,, e .f'f jj tt t ' ~ t<~j ~ ~ ~ ~ s_ ~, - :. I •} (( ( i 7i~~1 ~Iilt 1 ~'~3 ~ ill. !~ e a 1 • ~ 1 T [i~' ri S I. ~ e e 1 f e c I 1 r f ~' • ~ - ` C pj r r 77 ~ f' _ t { , 1 a .t: 1 f ~ 7: j'1 .1~ }, } : ~ .S '- 11 . . .. . f . } t : ~ r ~ s •F s+-' 1 r!,i S 7 . . 2 i [7~, - jl• ii+t i{E~i t! j 1 I ~ f i t M l f f l i e! i i •• . 7 7 7 7 7 f 7 7 7 F 7 7 7~ '' :¢ :i i t' 1 !lji~} }1 7 - 7i 1 ' f ~`r to Eifi } 1 1 1 7; j}i1 l~ ~ t ~ 1 tai r~a} r t 7 } ;~ ;` '~f tt i l t! i S 1! !' i 1 i .. ~~ W I ~ r ~ 3 _ J y r t ~ ~sl ( 1 ~~; ~ ~ t ~ /i' .~} ~j ~ , e~l rt [ ~ t ! F t ~. ~' ~ ~ 1 -~ .. -\ ' ~ '~ r~i~~ •< . ~ ~~ ~ W ~ ~j! 1 -ti//! ~ .ice . a ~ ~ • ~ f r i 1 ~'~ ~. i 7 ~ /TT r ~ 9 i~~rt~ + tf ~, • ~ i_ :t '~ ~ f= ~~/ •' l y - • ~:~ C it F.'- r ~ + •^~.~~~ :'-`'}-S~\\ 1 \ ~ ` ~. ~ ~ salt / ' t ,1 • ~ ~~ \. t a.li • - r ~ ~lil 1+ ATTACHMENT 2 ORDINANCE 0-95-987 i ~ i ~ ~ i i I / / I ~ ~ ~ ' i ~ ~ !t' ~ ~ ~ ~ ~ ~ ~ ~ I` ~~ ~tl I ~ ~- I I '~ n ~ {i ~ - 1 ~ B. w`f ~~\\` `` ~ i ~~ ~' I~ i ~ _ = r; I = ~ -_ ~ I i ;~ ~ i..- ~ ~ _ „1 1 111111 „ _ ' ! i- I ~ !~ ~ ~ , ' ~ ~_ '~ -; i - ` _ ~~ ~ _ _~ • ~~ ~~ t hi_ --T- ~' `~ ~- ~ ^ i~ =~ ~ i C~ ... _ ~ 1 rJ ~~ ~' ~~J'1 1' 1 1 ._~ ~ I : / ~ ~-1., ti` ~ i tie V ~~! ~- , ~~, 1 _ ~ • I ~~ •Q ~~~ I /` , x I;i (iii "I ,ii ,N (~n ~'~~I ~N1~ 111 ,; Z ~ ~ I' P ~~ ., • Q ATTACHMENT 2 ORDINANCE 0-95-987 ORDINANCE 0-04-1474 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING ORDINANCE 0-95-987 AS IT RELATES TO THE COMMERCIAL DEVELOPMENT STANDARDS FOR LOT 1, BLOCK 11, LONGWOOD ESTATES AT ROSS DOWNS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Cloudloft Investments on June 21, 2004, under Case No. Z-04-025; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by legal description as Lot 1, Block 11, Longwood Estates at Ross Downs, by amending Ordinance 0-95-987, including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the development standards for Lot 1, Block 11, Longwood Estates at Ross Downs shall be amended to read as follows: 1. GENERAL a. The purpose of this PUD-C is for retail, restaurant, and office uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-04-1474 Page 2 of 4 2. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within this Planned Unit Development. (1) All uses allowed in the CC1 and CC2 zoning districts (Z) A Special Use Permit for alcoholic beverage sales for on- premise consumption is hereby authorized for this property in conjunction with a restaurant use. The Special Use Permit shall be applicable only to Lots 1 and 2, as shown on Exhibit "6". b. The following land uses shall be prohibited within this Planned Unit Development. (1) Restaurants with drive-through service (2) Convenience stores with or without gasoline sales c. The use of the buildings on Lots 1 and 2, as shown on Exhibit "B", shall be restricted to sales tax generating uses, and shall not be used for office uses for two (2) years from the date of the issuance of the first certificate of occupancy for an office use. 3. CONCEPTUAL SITE PLANS AND PLATTING The arrangement, location, and footprint of buildings within the PUD-C may differ from that shown on the attached Exhibit "B" and will be determined at time of site plan approval. 4. LOT REQUIREMENTS AND SETBACKS a. The lot requirements and setbacks shall be the following minimum standards: (1) Minimum Lot Size None (2) Building Line adjacent to street 40 feet (3) Side or Rear Building Line 25 feet adjacent to residentially-zoned property (4) Side or Rear Building Line 10 feet adjacent to commercially-zoned property b. The buildings shall not exceed thirty-five (35) feet in height. Ordinance 0-04-1474 Page 3 of 4 5. OPEN SPACE AND LANDSCAPING a. The building site shall comply with the minimum landscaping requirements of the Land Development Code, which shall satisfy the open space requirements for the PUD-C area. b. There shall be constructed a landscape buffer along the south property line adjacent to Blocks 9 and 10, Longwood Estates at Ross Downs, that shall consist of a row of evergreen shrubs, which shall reach a height of eight feet within two years after development of the site. The landscape screen shall be constructed prior to the issuance of a certificate of occupancy on the property. 6. LIGHTING a. Lighting on the buildings shall be shielded and designed to direct the light downward and away from adjacent residential properties. 7. SIDEWALKS AND TRAILS a. The developer shall construct a 4-foot wide sidewalk adjacent to Longwood Drive, in accordance with the standards contained in the Land Development Code. The sidewalk shall be constructed prior to the issuance of a certificate of occupancy for any structure on the lot. 8. GENERAL DEVELOPMENT CRITERIA a. The architectural design score for alt commercial buildings shall be a minimum of 35 points, as described in Chapter 6 of the Land Development Code. b. Afire lane connection shall be provided from the property to Coleman Court. The coni'tguration of the connection shall be subject to approval by the Fire Marshal. c. All utility services internal within the development shall be buried underground. Sec. 3. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. f~ i Ordinance 0-04-1474 Page 4 of 4 Sec. 5. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 6. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~~ day of 2004. The second reading and public hearing being conducted on the ~ y~ day of 2004. `z'~ ATTEST: Cynthia Singleton, TRMC City Secretary V AS TO FORM AND LEGALITY: R s Oster City Attorney Mayor EXHIBIT A -ZONING MAP --- ,y y t Y ' t 'r~ ~~ ~ J'~ ti f y}, .f i ~, .K ' ~~~,~ f ,rs~!y~ w lr~r'` ~ 1 f ` _ c> » `« i ` ...........~ ::- 4 ; . _ i_ ~ l ~`"...~~~ ~ SITE - `~~~,.~ ~. ~, a,,. t - # ~ ~llr xK Ras. i ;~ t ~ £~, `~ i ,/`/ ~,...~ ~„ t r- r ''.,.- 1 / `~..r...... O- t r24 ,, w F. ~ f'r v~ r ..~ '21,x. ~ ~n - ` ~ t5 ~~4, ~Y ~ ... ._ t.E~' ~ ~ ~e .. `.. .. r fI t~I~ ~ ~ ~'~ ~ ~ '~1 _ p _ ~+ 91 ~,r fi~i3? Aff1kr' \ ~ r st r a 1~2 t• r _.._ r - x,;y7 71i'7,79Rd t 15~. _ ./ R8.- ~ `~ ~~~,' i t ~ r ii i'4 1Y' ~. - - t 1 t 3~iC4• i k1>b ~lr:~k}[ .. ' t ~~ t ~y r L ~ .; .., __.._..._._._..__.._ i ~ µ. f ~ 3 ,1~ . ~ .r _.... ~ v,: ~ ~ -i T~' _....+{ ~ 4`4 ~ Ir, N'~i SAN}. <i ~~ S ~ \~ .~ 4. .. { .~--r EXHIBIT B -CONCEPTUAL SITE PLAN t_ a~~ N ~~ ... ~2-v4 e ~ 0 . ` ._ ., m ~ ~O . F _. _ ,..~. -ry~.lj o b ja, ,., V I ~~ _. ~ 5~~,~~ -~~ 'h,y & N ~ ~ ~ d ~ - 1 ~ e ~ ~ 0 ~ _'... '. .., f ~ ~G^ .'~ _. ,..... 1 40 n~~ ~~j ~'~. ~~ y O J {f f~dV r :,n r .,.io ~t 3• e° } i v~ " eA i ~ ! q ~ ~f ~ ~( ^~ ~ ~ I i~ ... . ~ ~ ~ , ~ +S ~~ ~ ~ _ ~ ~ ~5i I 4 db p ~' b Y" i ~ ~ ~e ~, !t ~ .. ... _~.. ...~.T~Sq~~eb~ .. _ ,_.. ._~.. r .. ~~~ ,i......__ _ -~ L f~j ;, ...b b.. ~, O I I a e~ o ~ a- ,~ ~'r 1 Y _ 33 e } AK 'a" 71R OJ .1, ~~~ ; -~, I J °i., j'~ ( ANC 0~,. "' * ;.. ~t ~ ~ ,,; ~ ~i ~ p ,~ _ t Y .1 4 Q%: .. lu' 1 4! ~' °° ~ ~' ~ ;~ v ;_~ r.. ~ ~ ~,.. _. y~ ~ ~ `' ., , ~ i O ~~` ~, 4 ~ " ~~ ~'-. _f i ~ b- ~1 ~+ ~ -~- +~ Pb~' - .~x I~~ ~ _. ~ '_~ ~ - ~` ~ ~ i ~ n ~~ ~ w .. ~ , Je 6- o ~'~ 'i 4 ° ~ ° `~ bo,.. __.,:., t 1;.b a .'~,+ ., , ~ `.., ~w r ~. ~ ., i i ; i i ' r ~ _. '~ ~ ~ ~ ~,~ + ~_ ~ '. 3 ._ r .. y .:o k ~ 1 ~! .. y t~ z 5 9'•'~~ ~~ ~ = G r > ~~ U u +~.: ~ dt- `~ s"fila 7 ............ .~ Exhibit .~n F ~ i~ w= ~.~-_ _ .~.~~ h-- _ _ ~ _ {, _ - - - _ ~~ r ~ ~ `~apT ~--n ~,~` Y tb ~-~-g 4'~~.._ b ~ ~~ ~ ~ 2 '~Yfs~.._d.i_ _.. ORDINANCE 0-09-1705 AN ORDINANCE AMENDING ORDINANCE 0-04-1474 CONDITIONS; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council approved Ordinance 0-95-987 on April 18, 1995, to establish the zoning of 21.299 acres out of the M.W. Davenport Survey, Abstract 432; The J.N. Gibson Survey, Abstract 591, Tracts 4A3, 4A1, 4A3B and the Robert Chowning Survey, Abstract 294, Tract 1 E and a portion of Tract 1; and WHEREAS, the City Council approved Ordinance 0-04-1474 on August 17, 2004, amending Ordinance 0-95-987 to permit CC-1 and CC-2 zoning district uses, except for restaurants with drive-through services and all convenience stores, on Block 11, of the Longwood Estates at Ross Downs Addition; and WHEREAS, the City of Colleyville has received a request for an amendment to Ordinance 0-04-1474, under Case Z-08-016; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and Ordinance 0-09-1705 Page 2 of 3 WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by amending Ordinance O- 04-1474. Sec. 3. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of approximately 7 acres of the Longwood Estates at Ross Downs Addition, depicted on the attached Exhibit "A" labeled as Location and Zoning Map. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: PERMITTED USE Restaurants with drive-through services, allowing for a coffee shop use only, shall be permitted in the north most leasing space of the existing building on Lot 2, Block 11, of the Longwood Estates at Ross Downs Addition. Drive-through operations shall only occur along the northern wall. 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. Ordinance 0-09-1705 Page 3 of 3 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. Sec. 10. THAT Ordinance 0-04-1474 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map .,~1 .r ~,' ?~ ;,~_~'~ „>~'~'.~ , ~~l~u ~- ~r,7 F ~a ti •t ~~~ `~'i-~ ~, s~t~ r .- ~. _~ r ,I_ r PUDC' ~, ,,~ ,.R sr _,~,~~ r ~v~ - ~- ~i ii}.. ~"l ~ o 1= 4 - ~ a ,_ ~=; ~ ,~ - ~: ' ' PUDC ,r r ~,~ , _.._ i ~ ~ 'r ~ -- G-.try r,';if~"i..~ ~,~ ~~~~ __~` ~,: ti ~~1., y~a~„~ I~ lJt~ -. ~ ~~,~;; l,`1"(~ ,r.~~~ll ~. - -- ~ ~ ~ I, 7 ~~ City Hall City of Colleyville 100 Main Street `~''~~ ~ Colleyville, Texas 76034 ~a°; Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1706 File Number: 0-09-1706 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 01/06/2009 Agenda No.: 5b Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of a Special Use Permit (SUP) for an accessory building and servant or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood Addition located at 7201 Trianon Court, Case Z-08-024 Attachments: Location and Zoning Map Notification List Applicant's Request Exhibits Provided by Applicant Plat Exhibit Ordinance 0-99-1191 Ordinance 0-09-1706 History of Legislative File Version: Date: Acting Body: Action Text: 1 12/08/2008 Planning and Zoning Commission 1 01/06/2009 City Council Title Approval of a Special Use Permit (SUP) caretakers quarters on Lot 1 R, Block 1 of the Court, Case Z-08-024 Explanation First Reading and Public Hearing for an accessory building and servants or Tanglewood Addition located at 7201 Trianon Paul Kramer, with Castlegate Homes, submitted a request for an SUP fora 1.5 acre parcel located at 7201 Trianon Court, to construct two accessory buildings -one for use as a detached garage and the other for use as a servant's quarters. The garage will be located to the north of the primary residence, will be of a similar architecture to the home, will be no greater than 30 feet tall, and will consist of 731 square feet under roof. The proposed servants or caretakers quarters will be situated to the south of the primary residence, will also be of a similar architecture, will be no greater than 34 feet tall, and will consist of 2,304 square feet under roof. The applicant states that they intend to have their mother reside in the detached servant's quarters initially and, subsequently, will be inhabited by hired servants. The Land Development Code allows for a member of the immediate family to reside in servants or caretakers quarters. A servants or caretakers quarters is defined in the Land Development Code as follows: "An accessory dwelling not rented or otherwise used as a separate domicile in a residential district for the sole use and occupancy of a member of the immediate family or persons employed on the premises by the occupant on a full-time basis City of Colleyville Page 1 Printed on 12/29/2008 Agenda Briefing Continued (0-09-1706) as domestic help, such as a maid, chauffeur, cook or gardener." Existing Conditions. The property is zoned PUDR-Planned Unit Development Residential and is currently being developed for a single family residential use. The subject property was recently replatted through an amending plat to combine lots 1 and 2 of the subdivision into a single lot. The Land Development Code allows for no more than three accessory buildings with a total maximum size for all buildings combined of 1,750 square feet on a lot of this size. Furthermore, servant's quarters - which are only permitted in PUDR-Planned Unit Development Residential, AG-Agricultural, RE-Residential Estate, R40-Single Family Residential, R30-Single Family Residential, and R20-Single Family Residential zoning districts -are restricted to a maximum size of 600 square feet. The applicant states that they intend to have only one water and electric meter serving the entire property. This requirement has been added to the draft ordinance. Adjacent Zoning and Development. The properties to the north are zoned PUDR-Planned Unit Development Residential and are developed as single family residences. The property to the west is zoned AG-Agricultural and also developed as a single family residence. The remaining properties to the south and east are zoned R20-Single Family Residential and are developed as single family residences. Public Notification. Staff mailed notices to 18 adjacent property owners regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no letters regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the December 8, 2008 meeting by a vote of 4-3. Summary. The request exceeds the square footage allowed for accessory buildings. It also exceeds the maximum allowed square footage for a servants or caretakers quarters as defined by the Land Development Code. Financial Impact It has been determined that there is no financial impact. Recommendation Denial City of Colleyville Page 2 Printed on 12/29/2008 Location and Zoning Map i ,~ _ , ~_ ?so4 7303 a 7302 ( 730'1 -~--~ 7300 ~ I ~ -- i ( _... ~ ?~~~~ 7~0~ I 208 i ,,. i 1.- -~ ~. ....... 720? RUDR ~_ G~ ?206 I 4 ~ ~ 7205 } ~P ' `U4 AG Site ~ '-'os ~ ~ _ --~ ` R20 -__-- ~~~~ ?200 ~ 7106 ~ 7,`,01 ~ ~' ' {~ . ~ `, +o ' ? 10th 1~ ~ y _ . -'- r _ JbHN h~CCAIN RD - - __, __ _v - ~T __, __ --- -- f~2C1 ~ i i 1311 1401 ~ 1403 i 1400 ~~~ 1407 ~ 140~a 1503 101 i ~ ~u~R ~ ?OG~J 7011 I ~ 7005 7003 Notification List OWNER_NAME OWNER_ADDR OWNER CITY OWNER STATE OWNER 21P SITUS_ADDR Collins, Burk 8~ Gloria Trust 1848 Norwood Plz Hurst TX 76054 001312 John McCain Rd Gottfredson Land Dev Llc PO Box 99 Colleyville TX 76034 007109 Trianon Ct Sayre, Larry W Etux Mary Beth 7300 Belle Meade Dr Colleyville TX 76034 007300 Belle Meade Dr Botik, Don & Barbara 2822 Canyon Dr Grapevine TX 76051 007208 Trianon Ct Roose, Jayne R 7208 Belle Meade Dr Colleyville TX 76034 007208 Belle Meade Dr Cole, Henry Tr 7206 Belle Meade Dr Colleyville TX 76034 007206 Belle Meade Dr Gottfredson Land Dev Llc PO Box 99 Colleyville TX 76034 007101 John McCain Rd Brunken, John Jr 7204 Belle Meade Dr Colleyville TX 76034 007204 Belle Meade Dr Smith, Nancy Bursch & Claude B 7202 Belle Meade Dr Colleyville TX 76034 007202 Belle Meade Dr Jeanes, Fredric M Etux Carole 7200 Belle Meade Dr Colleyville TX 76034 007200 Belle Meade Dr Shoffner, Wilson Etux Beverly 7108 Belle Meade Dr Colleyville TX 76034 007108 Belle Meade Dr Gottfredson Land Dev Llc PO Box 99 Colleyville TX 76034 007107 Trianon Ct Gottfredson Land Dev Llc PO Box 99 Colleyville TX 76034 007103 Trianon Ct Novotny, David L 1501 Bellefonte Ln Colleyville TX 76034 001501 Bellefonte Ln Robertson, Lance Wade 1409 Bellefonte Ln Colleyville TX 76034 001409 Bellefonte Ln Heflin, Jud Etux Gail 1407 Bellefonte Ln Colleyville TX 76034 001407 Bellefonte Ln Nowotnik, David Etux Jacquelin 1405 Bellefonte Ln Colleyville TX 76034 001405 Bellefonte Ln Fonville, Earl R Etux Karen G 1403 Bellefonte Ln Colleyville TX 76034 001403 Bellefonte Ln Paul Kramer, applicant 6203 Colleyville Blvd. Colleyville TX 76034 applicant Public hearing notices mailed on Wed. Nov. 23, 2008 by Amy Shelley Signature Applicant's Request City of Colleyville 100 Main Street Colleyville, TX 76034 Please consider my application for a SUP for our property at 7201 Trianon court, Colleyville, Texas 76034. We recently re-platted 2 separate residential lots (Lot #s 1 and 2) into one larger lot, now known as Lot 1R. Our request is to allow the construction of an additional "accessory structure" as shown on our site plan and blueprints. This structure will serve as a guest house for my mother and will later serve as quarters for live-in help for us. With regards to the construction schedule, we have already received the permit for the main residence and upon approval of the SUP, we will submit our application for the building permit for the guest quarters and commence construction once we receive approval. In reviewing our application kindly consider the following: 1. Our lot is in the Tanglewood sub-division. This is a gated neighborhood that was built under a PUD. With regards to density, although this development was built on 25 acres, only 12 lots were designed into the neighborhood. Zoning of adjacent neighborhoods would have allowed far greater density than chosen by the developer. The developer has no plans to build on the one vacant lot so the neighborhood, after our replat, will only have 10 lots or homes. 2. The square footage of the two lots we platted together were 30,367 square feet and 32,045 square feet square feet. Making the total combined square footage 62,412 or over 1.4 acres. 3. Each of the two lots we platted were eligible to have its own accessory building. If 2 homes had been built (one on each lot) there could have been 2 accessory buildings with no SUP required. That being the case, the approval of our request will not result in any additional structures being built than could have been built on the same property prior to the re-plat. 4. The accessory building already covered by a building permit is only an accessory structure by technical designation. It is a garage for the main house and wouldn't be considered an accessory structure if we had designed in a porte-cochere to attach it to the main house. 5. The additional structure we seek to build backs up to John McCain Road. This is the far south end of the original LOT #1. Due to the proximity of this lot to a busy street, this lot was not attractive on its own and had not sold after being on the market for over S years. Our plan to build this structure a) provides a noise buffer for a main house, b} sites the structure behind the main entrance wall to Tanglewood, making it barely visible from Trianon Court, and c) makes great use of space that would otherwise be useless, and d) affects no other properties. 6. The structure for which .~~ ,~o`~~ ~.~~. Leon Hu son X81` <.......#... 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" a zp ~ ~ -, ~, L ''' _, ~ a ?~ ;u r°__~ 1 i to 1 ~~, ~ "~ ~~ i ~ ~' ~f t l ,tt ~ _ i ~ ~ a i ;~ i ~ ~ ~ <, ;. -' ~ ~k~ i A ~ ; _ ~) _ ~~ .x ?.,,., .- r ~.°°""} 1 { ~ i~ f~ ~~~ r 1 - ~ _ { $ f 3 = f ~~ CASTLECATE HOMES b -a 11~~ ~ ~ ~ f ~ sdjtl ~ ej ,~ . --- ...; . -,ti - _- - ~ + .... 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' ~~ '~ ?h r- - i 1r ' d r _~ 1+ m -~ i,,,~: n~ , .~'. ~__ 1i r A} i {lt~~ , ~' H ~t 1~ W{ } _.. ~~ ~: F d~ i i ~_~ = i I .r ~ ~".~„o'~~°"` COVERT ~- ASSOCIATES ^ rnu~s..,uc~m.w mw m.,esssso ~xeo v..2..at*. au,e n~. oKi.a rn nn~ ~ ~ Q ~ ~~ C~15TLEGATE HOMES ORDINANCE 0-99-1191 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 21.63 ACRES COMPRISING A PORTION OF LOT 17, BLOCK 3, PEBBLE HILL PLANTATION ESTATES, AND ALL OF LOT 2, BLOCK 1, BEAR CREEK PLANTATION ADDITION; FROM THE AG AGRICULTURE DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT RESIDENTIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a zoning change was filed by Mark Gottfredson, Gottfredson Land Development L.L.C., on September 17, 1999, under Case No. Z-99-071; and WHEREAS, notice of a hearing before the Planning and Zoning Commission was sent to real property owners within 2QQ feet of the property herein described at least 10 days before such hearing; and WHEREAS, notice of a public hearing before the City Council was published in a newspaper of general circulation in Colleyvilie at least 15 days before such hearing; and WHEREAS, notices were posted on the subject land as provided by the zoning ordinance; and WHEREAS, public hearings to change the zoning and the Master Plan on the property herein described were held before the Planning and Zoning Commission and the City Council, and the Planning and Zoning Commission has heretofore made a recommendation; and, WHEREAS, the City Council is of the opinion that the zoning change herein effectuated furthers the purpose of zoning as set forth in the Zoning Ordinance and is in the best interest of the citizens of the City of Colleyvilie; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT, the Master Plan, the Zoning Ordinance of the City of Colleyvilie, Texas, and the accompanying Zoning Map (Exhibit A) are hereby amended insofar as they relate to certain land located in Colleyvilie, Texas, described by metes and bounds (Exhibit B), by changing the zoning of said property from the AG Agricultural district Ordinance 0-99-1191 Page 2 of 4 to the PUD-R (Planned Unit Development Residential) district, together with all site plans which are conceptual in nature, supporting documents, and other conditions and restrictions imposed and approved by the Council which are incorporated herein by reference including, but not limited to the conceptual site plan (Exhibit C) and the statement of planning objectives (Exhibit D); and subject to the following conditions: 1. GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at an approximate density of 0.45 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Zoning Ordinance, Subdivision Regulations, and other land development ordinances, except where amended by this ordinance. 2. PERMITTED USES a. Single family residences, detached b. Parks and open space 3. LOT REQUIREMENTS AND SETBACKS a. Minimum Lot Size b. Minimum Lot Width c. Minimum Lot Depth d. Front Building Line e. Side Building Line f. Rear Building Line 30,000 square feet 125 feet 125 feet 30 feet 15 feet 25 feet 4. OPEN SPACE a. This development shall provide a minimum of 20% common open space for the leisure and recreational use of the development's residents. The open space shall comply with the provisions contained in the Zoning Ordinance. All open space areas shall be landscaped. Ordinance 0-99-1191 Page 3 of 4 5. PLATTING a. The developer shall submit a final plat of the property in accordance with Section 2 C of the Colleyville Subdivision Regulations. The conceptual site plan attached as Exhibit C to this ordinance shall constitute the preliminary plan. b. This development may be developed as a gated community with private streets in accordance with Section 15 of the Coiteyviile Subdivision Regulations. The development shall contain a minimum of twelve (12) residential lots. 6. OTHER a. Each single family residence shall contain a fire sprinkler system in accordance with applicable fire and building codes. b. The exterior wall surface of each dwelling shall be constructed of brick or stone, except for door and window openings. Roofs shall be constructed of a highly fire resistant material, such as cementeous material or other similar non-combustible material. c. The developer shall build a minimum six foot (6') high brick and mortar (hand laid-common brick) wall constructed from the southwest corner of Lot 13, Block 1, Pebble Hills Plantation Estates to a corner that is approximately forty-six feet (46') north of the southwest corner of Lot 6, Block 1, Pebble Hills Plantation Estates. Said wall may provide for a visibility set-back from John McCain Road, if required by the City Engineer. Said wall may be eight feet in height if the adjacent property owners so request. The exact termination point of the wall may be adjusted to accommodate drainage easements. The roadway surface or back-of-curb of Trianon Court shall be no closer than ten (10') feet to the common property line with Pebble Hill Plantation Estates. d. Fire hydrants shall be installed by the developer at such intervals that all building sites shall be within 500 feet of a fire hydrant. e. The secondary access to this development is hereby waived. Ordinance 0-99-1191 Page 4 of 4 f. The entry into this subdivision shall be a dual entryway and be designed similar to that shown on Exhibit E. g. The street pavement section for the development shall be a minimum of forty feet (40') in width. The street pavement shall maintain the minimum width throughout the entire length of the cul de sac beyond the dual entryway shown in Exhibit E. Sec. 2. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Zoning Ordinance of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined in a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 3. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ~~' day of ~, L m t.r , 1999. s~ The se and reading and public hearing being conducted on the 2 ' day of rL _,2000. TABLED BY COUNCIL AT SECOND READING. APPROVED BY COUNCIL ON 1/18/00, ST: ~~ Je n Harris, CMC City Secretary ~~ CITY OF COLLEYVILLE: Donna Arp Mayor APP VED AS TO FORM AND LEGALITY: „----- Ross . Fo ter City Attorney g n xn~ z)s ~ ~~ ~~ pRQN GOLF ! ,~ TC~~RgE f...]~.~~/- ~~ ~1~66 L 111 : ,wsf • ~`" 1 ~ k, • t. .. ',- ~~` b,{' . ~ r , ARR~N _. ' • ~ ' TI~ ~ • A 1 -~ ~-~ _ a i « ; :~ ~ rill ~ DN ~ 1 ~ r.a, . oN g RS ~~__' _~ m /s 9 T10~ Cp(j G 1 1 1 1 ~ ,,. ,• 1. v~ 1 1 O 1i /• ~ ti • 1 ~ I ylf~ N' , s 1 1: 1• .. ~ 1 E~ S~ ~,,~ •, haulm is 130 W ~P 1 ,~+ ~ , I ) s ~ `.~~ I - 1 /a t • • • ~ u LI 1 I/L>m• • ~ ~ 1 1 s ) • ~ I 1 ~ 3 11 • ) „ =D 1 wmf • 1• ~ _ ~~ 3 1] s ~ • 1 la .'~ ~ I ,: .• 1 ~ • _ , yA 1 I ] ] E H 1 ,. 1s ..~.._. _ ,• 1 A-/8 _ _ 1 1 i f 1s {~» .e, u1 ~ 1 ] 1 >, 1 ~ 1 1• . 1.f0]i K t0 71 70 • • ~ ] 1 Z 1 ~ .flS • • ~ C I f 1= 1 1.001 1 ~.IO M / f 1 PC ~~ >K 1 ~ ~• LL ~• a c ,~1 1 ° 1 ' 'mo ><. K L p ]s 1, S1 ~. ~) Ss n 1 1 ~ • :, o _ _ R1t ^ if d,~! -- ~ ~ . 1 ~ 1) 1~ 10 G aj -1~~g6 s, ]s a 21 'y C ~ ~ ) s ~ ~ N ~ S~ ~ /OA /07ra 0~ ~ H ~ Vf ~ f0 3Z ~ ~ ~ O`~_ 11 • 11.20 • ~f c- 1Y n ,• '~ ~, , . Eac fib - _ CIESCRIt'TI-~N OF pRdp~RtY SURV~YEd DeSt:~'tpti0h t~f G. ~1,~30 bCrp t.rdCt stEuated Ir1 the Nbll M~dfin SUr~'ey, Ab traC{ Nb: 107 dhd the N.R. Wh-1 S~rva,-y, Abs{Tact No. 19y3, City of Col~ayvilte, T~rrdrtt County, 7dxfls; 5ditf tract heist/ CampriReri bf pbr df Ldt 13ft, Bluck Pift)bl~ Will6 PlGntdtion EStdies, bh b+~ditidn td the City ~f Ct~ll~y~~flle, Tbrrartt County, tdxas, QCCOYdiNq tG the Ar>tienc~~d f~ldt teror'dbd in Cvbinet B, 51ide ti3g~4 of tlid plo{ Records of Tarrant ~ Cbuhty, .T+~xdg grid lot 2, ~IOC~k i, BRdr Creek F~lor~tdt(ciri, do oddltbn tti thl3 City of Col~+?yvillA~ 7arfont .Cbuhty,,Texd9 4!:catt>iing .tq thA pent ~ecof'dt'd ir; ~'olurrie ~~$-1fg,:Pbge ~ti of tl'-~ ~Idt Recb~ds hf tbrrdrtt Cquhty, Tpxbs: 3viti 21.63d dcr~ ttdct betn~ Mo~A pdr~iCUlbrly dti Ctib~~ ds •fb~lows; gEC~INNIN~, dt d 1/:~-in~h iron r~d With ~+Pr~chccd Kooh~' CGb het bt the Lc+UEhedst cNrher of sbi Lot Z. Ibtk 1, dear Creek f~ltilntdEiorl; Bald pbirit Dei~iq the sbuthWcst to-hel- df Ldt i ~, Blbtk 1, Pbbbld NitMs Plbrttct4ion Estb es, do oddltibn tb the City of ColteVville, tarFont County, Textls oorbrdir*g td 1hr! p1e:t retc~rd~d trt tbbinet a, Slidd +45ti of Ehe titoi keCdrd~ of Tarfent Cbuhty, Texas; said point 171sb being trt tNe north righ{--oi--way lino bf IIAGCain ~vad {bn $0--f~~ot widt? ric~h~~bt-Way); TK~NCE, North ~9 dt:~re~s, t)8 rrtir+u ~d, ~t secuntid >J~et;t, depnrtirtg the west line Cf Snid Pet)k~lE Hill i~ldnt.btiort ~s~cttes bnc{ hldng ~he sibld hOrth lir4a of MlcOoln kodsl, d dlstbhce cif 2t18.~$ f+~t 4r d 1/~-inch iron rod found for corner; idly point being the soiJthebst ~:c-rnar o{ trot t, dock 1, Bear Crest; pldAtbti~ih; 'iH~NCE, N~rtn do dt, Tees, ~6 MinutEs, 42 sf'corid4 Ea>;t, ~e artirlq the sd"++~ nor{h line a1 Mcroin ~otfd oils tltonc~, the eas{ tine of said Lat i, b di~tOnCt of {U16.t+ fpwt tt+ d t;~~-in4th itOrt rb~ With "Porh ecd KoCh~' dap Let b! on bni~~e pGlnt; 9v+tt peril fieint~ tho nMthwt~9t r.rrnPr of Snid .lot c': 50~H point h15~i t•,zihc~ thc- 9auttyw!'st ~ofner of gold Lat t~P., 81ock 3, Pebbly H1115 F'IdHtbtibh ~Btdti49; THENCE, No~'th d1 dlgres, Oi +^ninute, 4y 3pc^nds Eaat, .t)ntinl,ing dlcrtg the satd vast 1lrie o~ Lai ~, h diStonr_e of 6311.21 feed l0 0 5/~-Inch iron rod tounJ dt oN antJle ~vihtl rH~NC~, Nortn t}t d~gr9e, 1$ miriutPa, si seconds Cost, cantir,uincj oldn~ !re Sall ed4t Ilse c• to t, b di3tandc of 423.59 feet to a 2-inrh iron p-pe found for rbmdr: seid p~~int bPlhq the nortliedst corhe'r of Sbid Lot ~ ; said pc Tit dl~r, being the nor{hwe5t Ct,rher oI Shi. Lr11 13R; said ~~oint blgn being in his ~outN (in~- of a troll of land cc+nvpye 1c+ Joe NRight dS retarded in Volume 8b0>, Page 1tg84 ;,f the b-~e~J Fpr;drr{~ of Torront t~vunty, 7e~ds~ THENCE. ~ot.th ~~ ~pgreel, ~,C~ rr'+irlu~e4. 26 9ec,,~+tid5 Eastt departing tl~e said e~~sl link rf Lct I and r_tlahg +ne 5otllh llhP ,~f said WNgt~t trc~r_t. a di~thnct? of X99 ~i feet ~c~ d 1/2-irirh +nd with ~~f'o_t+l°Cv Keck" ~Gp 5Ft -~t oh dn~le potr+t; THEN~::E, 5.~l,th 7d degrtE4, ~d Mir1~~e9, aF secor-ds Enst. c:r~ntih~~lny olc+ng tha South Iine Cf sdld Wti9ht trort, d tjiStOnCp ~~t `t2$ 83 feet t%~ o point ~n the north life nl 5o~d '-''tEx~iibit B -Metes and Bounds Description tHENCE, 5oU~h Oi de~rpe, i5 rninl~t~s+ 01 spcbnds Weft, departing the south ~lne bf solid +Nright ttdct, b diStbn~`e vi 269.Et5 feet tt: o point for rorHer; tHENC~, 5ouEh 01 degree, ~0 mint,tes, t9 sacJnds Eo~t, o di9tanc¢ of 119.~d fA~Et to o paiht fbr c~-rneF; fWENC~, Sou~h i ~ drgreeg, 02 mihutef#. 36 seconds West, o di~tdn~e o6 11$.d0 @et td d p0 ht fbr Cdrrtiet; tWENC~, .9r+r degrt4as, ~t mit,utes~, 1~ seconds West, o di3tdhce of tf)~.~1 feet to d ptilrtE fbr C4m~f, ~tHENCf" 5$ tfegtftAS, Q3 rt7ihules, 29 s~cbnds, a distance nt i16.8d fe~!t to n painE for rorHer; ~tHENc;~, Sough 62 ddgree~, 2~t nn~h~ltcs, 0$ sdronds V4tst, d dl~tance 0f 111.1 lest to o point fir ci5rhar; tWENC~, 5oU h y~ degrees, 59 mlhut~a;, 5~t sdconds 1Nest, d disstance Af 111.53 t`ett t0 d po~nt fir c6rheF; tHENG~, 5oU h 36 dpgrepi;. t 7 m;nt-tes, 12 sat:onds West, d digt~ince of 103.65 1Aet td 4 p0~ht for corner; i tHENC~, Sou h d~i rnlhut+s5, 31 mihUt~s, 29 sdcond5 West, d disfhnce a! 111.41 feet to d p,~~ht for ctrmeF; tWENCi=, SoUtth 2,t, ddgree~, 0~ rnl+,ut~~, 3~ sdta+~d9 gt, d dlStante of t1?,70 feet to o poth.t fnr corner; tNENC~. 5bulh 2? degrees. 4~ mlhUt~S, at sec and Vvelit, d distohce of $$. y0 feet to d point fCr cdrneF; fWENC~, 5hu~h t 2 degrees, 11 rt,tnutes, 5~ Seconds West, b dl3tdnce at Z$.5~ feet td a point for cdrnpF; said point beihq in the mirth like of sbid fat ^~t void pbirit olao Ding in the 9autN ttn~ of gold lot 13p; tHENC~.~ SoUEh S~ degrees, i ~ r-~inutei., 3~ seCbn~s Est, 01~,+1f~ the north (tne Of 5did t,nt 2 rJnd the 5oUth line bf 56td l..ot ~ 3R, t~ :~ st+onre bf 21.1 ~ Felt to o F.dlnl for r_r,m~r; said pr-rt tAinq trie nortlleost torn~r o- sold lot 2; fiHENC~. Sough QO ddgrees, 55 rrllh-ltds, 4? seCnnds ~N!'~t, alr:ng the e:~st tine of 3otd Lr.~t 2; 4t h d-stbnc~ df ~~ u~ felt po9sing the sbuthlmrrlc-5± corner hf sold Lc~t 13a ohd being ire the we3~ fne o1 pebble l~1il-s Wldntatlon Est~~ies; ~or~tir,uin4~ ol~mq the ~dst line Qf said Lot . 2 and the West line of PPtr~bie {Its Piorttdti:~n EStbt~s, in bU o dt9Edrlce of t016.~d feet to the P01NT ~~ i~~GIfyNINr~; t:C~NtAININC; ~~4~"t3a sq~,hre feed or ZM.63~ acres of load, h,nrE' Or less Exhibit B -Metes and Bounds Description F .~~~~ s Y ~ ~_~'~~ ~~ 4 iE 3 ~~ ~~~ ~~ ~~ ~~ A a °s a ~~ ~'~ ~ ~t si s r f ~ n~ ~R t ,~:1. ~' _~ ~ •' ~ ~) a N ~~~~ ~ Z= W v .2 ~'a~rnLn a -JJJ 9 q L/1 rn { m R ^o i'~1 z ~ F N m i ~ D ~ ~ ~; ~ ~ .~ r !~ s ' ` ~~ ~ ~~ ~ ~ s ~- aa~~ ~ s it ~ aK M ~_ ;~ ~ ~~_~~ ~ i ' #~ P it ~ ~ # =a ~~ ~ ~ L ~c~~~~~~~~~-~~~ ~(.~~~- ~ ''~i i~~ i~s • n s i s s~€ x ~~ i ~ s~~ -~ ~ ~ ~ ~F'~~~~~~~~€~~~~r ~f r{'^~'jc 7t _[ C~ 3 Y ~ 3 S ~ 7 • ~ i ~ 1 = e 2 i Exhibit C -Conceptual Site Plan T. H. PRI TCHET T l Associates r~„dsca,Qe ~- nasip-, and s~ ~» ~~ famisis t~rarx8i, Tsxaa 75234-7880 Ofltcs, 977 484-737 Fs; 872~484-t230 September 17,19®9 City of ColleyviNe Re: Versailles Estates Tract on Jolm MbCain west of Pebble Hill Plerwation STATEMENT OF PUWNIN(3 OBJECTNES 'The zortirq as requested w~ pr+avids 12 lots liar esEete r~eeidentiai uses within a i~sider8ial PUD. The lots wiN be min. 30,000 sq.it. each and the srbe wiN provide over 30'X Gorman area. The open space vrNl be used and maintained by a Homeoweers Association. The denrelapmerrt wiN have a 9~ erMry and be lianoed perirra~ Access b the Corrrran area wNl be provided ~ aN Pebble ~ residents as per deed restrictions. DEVEIOPNENT SCHEDIAE The plamed development is sdtsduled b lfeQn construction within 6 monlha of inning change. The entire sheet and lot de+reloprnent w~ be completed as ane phase aF construction within 12- 16 nwrrlhs. Tree preservation is ioportar~t for the project owners and great care wNl ba provided to es~re and mitigate the remo~vai of arty trees on site oMer6' caNpec STATEMENT OF PROPOSED OVYNERSHIP The developmerrt will be sold to indnridtwds for single tbrrdy construction purposes. STATEMENT OF lliTILITIES TO BE PROVIDED. The engineering and design of the sutxNvision will aNow for all sewer. water and storm drainage. AN the City uWities are available wNh in close pro~rnity. Y. r r Tom CC, Mark Cioitftedson ECEIVE SEP 171999 CITY OF COLLEYVILLE BY COMMUNITY DEVELOPMENT Exhibit D -Statement of Planning Objectives n~~ ~~ . 148.40' w y ... 1 v ~ 1 ,O~ ~ O 1 ~ O O 1 1 1 ~~ 1 ~ 1 co ~ M CCAI N F (80' R.O.W. ) N ~ ~i?~~> ~~~ ~ ~ ° a ~= ~ z ~ ~g ~ ~~ Z ~~ ~~oA~~ ~ ~ oo ov m~~~5g z ~ ~ ~~~~~~ y2 ~ y ~~ D ~ C N~ V ~A ~ o ~ ~ ~~ ~~~ D m N r' o ~ ~~z zs z c~ O ~~ ... N N OD I o N~/ cn Y cn N !+~ DING l1NE _ 191 ~ PG. 36) ~ 1~ i W .Y ~ ' 1 i A~~ Exhibit "E" -Typical Entryway ~~~ ~~ ~~ ~~ ~~ p$ ~~ 0 Z 3 n n D Z A D O [.. ~ ~ ~~ ~ ~ ~~ ~~~~~ ~ ~~° ~~ a ~e B ~e~~ ~~5~ ~~i~ 1~11ki~~~~~~~~ 5;;~~ ~~~ ~ ~~~~~ ~~~~ti ~ S ~Q~ t e g~.s ~ } ~ ~ ~ *~ a ~ at~~~ 'a ~' ~~; te, ~ ~~~~ E~ ~~~t 8 ~ oa ~~ ~~ ~~~x~gg ~5~9 6 ~~~~ ~~~ ~ ~~~ o~q~ ~a~~l ~~~~~~ ~q s$ Q °o ~ H °4om8 "~ ~mQ~z N >~~g~}~11o5~h ~; ~G~= ~ ~~~^0~~ ~~~~°x ~ ~~- ~ ~_ ~~ Plat Exhibit ~~~ ~g e F e e; ~~. eu ~ w s~e ~~~ S~$ ~q~ ~~g~ €~s ~~~~ ~~~ E ~ ~ ~~ ~~~~ ~ ~Q ~~~ ~A~ a ~ .~~ ~.~ ~~ ~~ ~ ag ~ ~_ ~ g ~ g g~~ §~ ~ ~~ ~ ~~ g Q~ ~ Rg¢~e s @a' 8 ~ ~~ ~' 6 ~- ~~ ~ ~ ~ ~~~~ ~o ~ ~ ~~ ~ ~' a~• ~ ~~ ; ~ ~~~ ~~3 ~`~ ~~4 g~~~ s s ~Rd Q ~~~ ~> ~ ~~ ~.~~~~ ~" ~4 ~ ~ 8 4 ~$~ ~s ~ ~~as~ ~ ~"~ ~g gag 2fi~ Yg ~Ng Rw 3 ~ e ~ ~~~ ~ ~ a ~~~ ~A~ =god ~~~~ 3 ~3~R~~g ~ ~~~ Eo ~~~s 4 P R ~~~ ~~ n~ A~~~~~ V~~ P~ d~a~s ~~• ~FFF1 '~c des a ~ ~5•g ~~~ ~~ ~~~~°~R~~ ~; a ~o#~ g g ERR E~'~•,~g~~g~ ~t ~e §~~~ °~ F~ cB~~R ~~ ~~ ~~° ORDINANCE 0-09-1706 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 BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING AND SERVANTS OR CARETAKERS QUARTERS ON LOT 1R, BLOCK 1, TANGLEWOOD ADDITION; 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 Special Use Permit under Case No. Z-08-024; 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 0-09-1706 Page 2 of 4 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for an accessory building and servant or caretakers quarters on Lot 1 R, Block 1 of the Tanglewood Addition, as depicted on the Location and Zoning Map, attached as Exhibit "A", and the Site Plan, attached as Exhibit "B" and as shown on the Building Elevations labeled as Exhibit "C". Sec. 3. THAT the above described tract of land shown on Exhibit "A" shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT the above described tract of land shall be subject to the following conditions: 1. General a. This Special Use Permit shall grant the use of two accessory structures, one being a detached garage and the other a servant's quarters, as shown in Exhibit "B", labeled as the Site Plan. b. The domestic servant's quarters shall not exceed 2,304 square feet. c. The detached garage accessory building shall not exceed 731 square feet. d. The total combined accessory building square footage on this property shall not exceed 3,035 square feet under roof. e. The domestic servant's quarters shall not exceed a height of 34 feet. f. The detached garage accessory structure shall not exceed a height of 30 feet. Ordinance 0-09-1706 Page 3 of 4 g. The accessory buildings shall not be used for any commercial enterprise or activity. h. The property shall be limited to one water and electrical meter serving all structures on the property. i. The accessory buildings shall match the architectural style of the primary residence. The servant's quarters shall not be inhabited at any time by anyone other than a domestic servant as defined in the Land Development Code. k. The detached garage shall not be used as a residence, servant's or caretaker's quarters, or guest house at any time. The accessory structures shall meet all requirements of the Land Development Code and Building Code, except where amended by this Special Use Permit. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-1706 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 2009. The second reading and public hearing being conducted on the day of 2009. 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 ~a i t ~~~~ '~`£ ~ ., Exhibit "B" -Site Plan uZ ~q City Hall City of Colleyville 100 Main Street '~ ~ ~ Colleyville, Texas 76034 ~~~~~'"~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3055 File Number: R-09-3055 Version: 1 Requester: Community Development Department File Type: Resolution Agenda Date: 01/06/2009 Agenda No.: 6a Status: Resolution Controlling Body: City Council Final Action: File Name: Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1 R-B, Block 1 of the K.R. Marsh Addition located at 2109 Oak Knoll Court, Case G-09-002 Attachments: Location and Zoning Map Applicant's Request Supplemental Sidewalk System Map Property Plat Exhibit Resolution R-09-3055 History of Legislative File Version: Date: Acting Body: Action Text: 01/06/2009 City Council Title Approval of a request for a waiver for the construction or escrow of funds for sidewalks on Lot 1R-B, Block 1 of the K.R. Marsh Addition located at 2109 Oak Knoll Court, Case G-09-002 Explanation Reading and Public Hearing Jenson Gainer is requesting a waiver to the construction of a new sidewalk and the recommendation of escrow payment in lieu of construction requirement for sidewalks for the new home located at 2109 Oak Knoll Court. Mr. Gainer is requesting the waiver because there are no sidewalks currently constructed on Oak Knoll Drive. This property is located on the corner of Oak Knoll Court and Oak Knoll Drive. Summary. The new single family home to be constructed on the subject property triggered the sidewalk requirement. The Land Development Code requires sidewalks to be built along all public streets whenever new structures are built on a property. However, according to the Supplemental Sidewalk System Map recently approved by the City Council, for lots located along the east side of Oak Knoll Drive, on which the subject property is located, payment into an escrow fund in lieu of construction for sidewalks is recommended. Staff is in the process of amending the Land Development Code in order to eliminate the automatic sidewalk construction requirement for all properties, and, instead, require that the sidewalk requirements for new construction adhere the Supplemental Sidewalk System Map recommendations. City of Colleyville Page 1 Printed on 12/29/2008 Agenda Briefing Continued (R-09-3055) There are no existing sidewalks on Oak Knoll Drive nor are there any existing sidewalks within the surrounding Stafford Heights Addition. Approximately ninety percent of the homes within Stafford Heights Addition were constructed prior to 1990. In 2006, 1500 and 1508 Oak Knoll Drive were granted a full refund of the sidewalk escrow payment by the City Council. The City Council's options in this case are the following: There are no existing sidewalks on Oak Knoll Drive nor are there any existing sidewalks within the surrounding Stafford Heights Addition. Approximately ninety percent of the homes within Stafford Heights Addition were constructed prior to 1990. In 2006, 1500 and 1508 Oak Knoll Drive were granted a full refund of the sidewalk escrow payment by the City Council. The City Council's options in this case are the following: (1) Approve the waiver -This action would waive the sidewalk construction requirements for this property, which are required by the Land Development Code. (2) Require the payment of escrow funds in lieu of construction -This would allow the applicant to pay into the sidewalk escrow fund the amount of the cost of construction of the sidewalk in today's dollars. This would delay construction of the sidewalk until a future date. This option adheres to the Supplemental Sidewalk System Map recommendations. (3) Deny the waiver -The property owner would be required to construct the sidewalk immediately. Financial Impact It has been determined that if the waiver is approved as requested, the City would bear the cost of construction of the sidewalk should sidewalks be installed along the street in the future. Recommendation Staff recommends that the payment of escrow funds in lieu of construction be required as recommended by the Supplemental Sidewalk System Map. City of Colleyville Page 2 Printed on 12/29/2008 Location and Zoning Map Applicant's Request ~t~C~lVEL Jenson & Whitney Gainer 2109 Oak Knoil Ct. Colleyville, TX 76034 ~~r .......,,.m. To Whom it May Concern: We respectfully request that the requirement by the City of Colleyville for all new residences to install or escrow money for sidewalks on residential lots be waived in the case or our family residence at 2109 Oak Knoll Ct. (Lot 1 R-B, K.R. Marsh Addition in Colleyville). Although there are currently not sidewalks required along Oak Knoll Ct., there is a required sidewalk or escrowed funds for our 335 approximate feet of frontage along Oak Knoll. The request is being made due to the following conditions: 1.) All of the immediate surrounding properties and all adjacent subdivisions do not have existing sidewalks. Most of the subdivisions and homes surrounding the property were platted in the 1960s-1970s and homes were built shortly thereafter. 2.) The closest subdivision Stafford Heights, 41 of 441ots have residences built on them without sidewalks as does every single home between our property and this subdivision. This would render building the infrastructure for the sidewalk system to be extremely costly, lengthy, and difficult for the City of Colleyville. 3.) The subject property, all area properties, and surrounding subdivisions are not built with curb and gutter, but rather bar ditch drainage systems. The subject lot has bar ditches at both the North and West boundaries in excess of 24" deep. This also would cause the feasibility of sidewalk installation to be extremely difficult as either a buried drainage system or the incorporation of a retaining wall system would be required. 4.) The two most recent similar cases, 1508 Oak Knoll and 1500 Oak Knoll, were refunded 100% of the escrowed funds by the city council. These properties were both located in platted subdivisions where properties are equally divided whereas the subject property is not. 5.) A sidewalk system is not and never will be fitting with the "natural" country feel of the subject property or surrounding areas. After discussion with neighbors, it is not believed that a sidewalk system would be desired in the area. We feel that due to the natural feel of the subject site and the surrounding area, the extent to which the area is built out, and the large cost of installation to the entixe area, the feasibility of a sidewalk system in the area is not likely; consequently, the requirement to install or escrow money for a sidewalk should be waived. Thanks for your time. Sincerely, Jenson Gainer Homeowner -City of Colleyville Supplemental Sidewalk System Map _ 2109 0 Legend . Required Sidewalks (Between 4" & 6' in Width) -"~- Existing and Proposed Trails (Between 8' & 12' in Width) Cottanbelt Trail (10' Walk connect. Grapevine and Hurst) - - -Private VI/alking Paths (May be any size Sidewalks NOT Required Escrow Option #or Sidewalk * Municipal Locations ( Parks. G Schools Water Features --~--- City Lirnt -~--~- Railroad r °-•'~{ ~ }r . i 4 _~. ,.1 w f ~` ': i _.._ .~.. ___ t.. . __ .; ,~ __.__. _ y.. ... t s '~'i I... ~7 PrOpe~Y Plat Exhi ' bit /'~ ~` ~`vr ms 1 f ~ ~' w'~'~ Ao~RT E. wnosT>:R / D.R.T.C.T. ! ~ ',~ ^' ~r ~ /' ~/ / \` {~ ~ / ~- ... i \/ ..- { / ~\~ Z,Q `~ ~,, LOT 1R-B 9LOCK i t z ~ . eAt as s,..see so. Fr, ~ ` \ , ~ l c '~~ f ~t r`, ~ t \ t ~ ~/ ~` ~ i 1 \t O \~ `~ ~~ ~ ~ ~. ti u+aREws 1 123' STl~ET A1CHT-QF-WAY DEDICATt09V O.Op6C AC. (~~ gq. Required Sidewalk Location `\ ~ j \, '~ ` ~au~~ ", :, ~~ +~ ..~' I ~ p- l ~ ems" ~ j ~ ~~~` i -- i --- +R J --~ + ~ JJ -- $~ ! %aw„ L _ _ - - Sub ~-~- - ~- n ~-, ~ - ea: ~ .' ~A~ ~~ Property 1 PLNN fa438COJ07 J ~.>~,,, LOT iR-A BLOCK 1 lY7 S~93gA.~ iaa7a' -~______-- ~` _..._________las.n'_ ieow _______~.-______- »' ~T o rc . a urnF ~ gtmc RESOLUTION R-09-3055 A RESOLUTION APPROVING A REQUEST FOR A WAIVER FOR THE CONSTRUCTION OF AND ESCROW OF FUNDS IN LIEU OF CONSTRUCTION FOR SIDEWALKS ON BLOCK 1, LOT 1R-B, K.R. MARSH ADDITION LOCATED AT 2109 OAK KNOLL COURT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the sidewalk construction and escrow requirement for Block 1, Lot 1 R- B, K.R. Marsh Addition located at 2109 Oak Knoll Court is hereby waived. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor ,;,~z .,~ ~ .~ F,•:.. City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.col leyville.com File Number: File Type: Report Status: Reports Version: 1 Agenda Date: 01/06/2009 Requester: Office of the City Agenda No.: 8 Secretary File Name: Reports -January 6, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 01/06/2009 City Council City of Colleyville Page 1 Printed on 12/23/2008 RESOLUTION R-09-3056 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF JANURY 6, 2009 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor