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City Council-Agenda Packets-11/17/2009
. , .,, City of Colleyville 100 Mlain Street ~ ~~•~ =`u~v Colle81'7e503.10006034 ~~ Agenda www.colleyville.com ~: ,., City Council Tuesday, November 17, 2009 CITY COUNCIL CHAMBERS PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR PC-1 Update on the Colleyville Center Renovation Project PC-2 Discussion of grant opportunities for hike and bike trails through the Texas Department of Transportation's (TxDOT) Transportation Enhancement Program PC-3 Update on the Colleyville Public Library second floor expansion project PC-4 Presentation of the Monthly Financial Report -October 2009 PC-5 Presentation of the Quarterly Investment Report PC-6 Presentation and discussion of strategic plan goals and objectives PC-7 Discussion of the November 17, 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 - Rischon Development Corporation v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Barbara Andrews v. City of Colleyville 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 11/13/2009 City Council Agenda November 17, 2009 RESUME REGULAR MEETING 7:30 P.M. COUNCIL CHAMBERS INVOCATION: Pastor Lee Johnson, Bear Valley Community Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. OATH OF OFFICE -MAYOR FOR A DAY City Secretary Cynthia Singleton will administer the Oath of Office to Mayor for a Day 3. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3164 4. ANNOUNCEMENTS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamations Recognizing Bennett Deshotels, Mayor for the Day -Mayor David Kelly Recognizing Colleyville Middle School Day, November 17, 2009 - Bennett Deshotels, Mayor for the Day 5. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3165 5a Approval of the minutes of the regular City Council meeting of November 4, 2009 5b Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of October 27, 2009 5c Approval to purchase an Elgin Geo Vac street sweeper through the BuyBoard Local Government Cooperative Purchasing program, in the amount of $197,527, funded through the Colleyville Tomorrow Fund, and authorizing the City Manager to execute the contract City of Colleyville Page 2 Printed on 11/13/2009 City Council Agenda November 17, 2009 5d Approval of a Professional Services Agreement with GSBS Architects, in an amount not to exceed $31,000, funded through the Colleyville Tomorrow Fund for the Public Works Service Center Study, and authorizing the City Manager to execute the agreement 5e Approval of a contract for architectural design services with LBL Architects for the Colleyville Center renovation project, in an amount not to exceed $72,000, and authorizing the City Manager to execute the contract 5f Approval to enter into a Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) consortium, and the City of Arlington, under authority of the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, to seek federal grant-funding as a consortium to replace existing public safety radio systems; and to enter into a contract with Holland and Knight LLP, a funding consultant, on behalf of NETCO in the amount of $96,000, and authorizing the City Manager to execute the agreement 5g Approval to purchase four Dodge police vehicles from McKinney Dodge, through a Cooperative Purchasing Program with the State of Texas, in an amount not to exceed $83,015, and related equipment to outfit the vehicles from Professional Safety Systems, in an amount not to exceed $51,735, and authorizing the City Manager to execute the documents 6. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 6a 0-09-1733 Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406 John McCain Road, Case ZC09-012 6b 0-09-1735 Approval of an ordinance creating and establishing a Municipal Court of Record 6c 0-09-1736 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 and 6500 block of Colleyville Boulevard, Case ZC09-008 6d 0-09-1737 Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 City of Colleyville Page 3 Printed on 11/13/2009 City Council Agenda November 17, 2009 6e 0-09-1738 Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 7. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 7a 0-09-1739 Approval of amending Ordinance 0-92-880 setting fees and charges for City facilities, Case GC09-018 8. RESOLUTION(S): READING AND PUBLIC HEARING 8a R-09-3166 Approval to pass through a water and sewer rate increase received by the City of Colleyville from the Trinity River Authority 8b R-09-3167 A resolution casting votes for electing members to the Tarrant Appraisal District Board of Directors 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 10. REPORTS: Planning and Zoning Commission Minutes -October 12, 2009 11. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 17, 2009 -Reading and Public Hearing -Resolution R-09-3168 12. ADJOURNMENT: I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, November 13, 20 , by .m. . ~~/ Cynthia Singleton, TRMC, C C City Secretary Any matter on this agenda may, at the discretion of the governing body, be opened for public comment and discussion. If you plan to attend this public meeting and have a disability that requires special accommodations, please advise the City Secretary at least 48 hours in advance at 817.503.1133, and reasonable accommodations will be made to assist you. City of Colleyville Page 4 Printed on 11/13/2009 ~~~ ..~ City Hall '` ~ 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: Colleyville Center Agenda Date: 11/17/2009 Agenda No.: PC-1 File Name: Update on the Colleyville Center Renovation Project Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 11/17/2009 City Council Title Update on the Colleyville Center Renovation Project Explanation In Fiscal Year 2008, (FY 2008) City Council approved a budget allocation of $100,000 for the implementation of a comprehensive feasibility study for the expansion or renovation of Colleyville Center. The preliminary phases of the study were conducted and results were presented to the Colleyville Center Advisory Committee and City Council. As previously discussed at the September 1, 2009 Pre Council meeting, the market study showed sufficient market opportunity to justify investment in updating this public amenity. The enhancements will add to the aesthetics, functionality and marketability of the Center while increasing opportunities and synergy within the business community. It will also allow the Center to generate increased revenues resulting in greater cost recovery. The City recovers 75% of the cost of Center operations with a General Fund subsidy of 25%. Other considerations not identified directly as revenue dollars, but which offset the operational costs are: the economic impact to the City by visitors to the Center; and the quality of life benefits of having aloes-cost public meeting venue available to citizens, businesses and to a host of public citywide events. On September 1, 2009, City Council identified a scope of enhancements and renovation with costs estimated at $920,325, which included an architectural design plan estimated at a cost of $70,000. Several funding sources were identified to finance the total renovation project including: • Balance of the FY 2008 expansion study ($79,000) • Interest income from Colleyville Economic Development Corport (CEDC) bonds ($127,700) • Intrafund loan ($661,325) from the Colleyville Tomorrow Fund to CEDC operating budget with an annual repayment of $165,332 over afour-year period (FY 2011 - FY 2014). City of Colleyville Page 1 Printed on 11/13/2009 Aaenda Briefing Continued City Council approved the Colleyville Tomorrow Fund loan with CEDC repayment as a partial funding source at the October 7, 2009 City Council meeting by Resolution R-09-3151, allowing staff to move forward with securing a design firm. Staff from the Engineering Department, City Manager's Office and Colleyville Center began interviewing several design firms and chose LBL Architects to conduct the architectural design planning for the Center. There is an item on the City Council's Consent Agenda seeking approval of a contract for architectural design with LBL Architects. Staff is seeking approval of a contract for Architectural Design services with LBL Architects for the Colleyville Center renovation project, in an amount not to exceed $72,000 with an additional 10% allocated for any associated change orders. With City Council approval, LBL Architects, Inc. will develop the proposed architectural design plan to include the following: • Provide architectural services including mechanical and electrical engineering and Auto CAD drawings • Work with staff to review proposed interior palettes, color boards, schematics and hard-line drawings. • Provide design development for audio/visual system, acoustics and lighting enhancements including all supporting electrical upgrades • Provide a project schedule with milestone decision dates identified to keep the project on tract for a July 2010 renovation period • Prepare probable cost estimates • Prepare detailed construction documents and specifications, which will allow the City to receive bids from individual trades • Assist in bid review and cost appropriateness of scope of work defined • Construction observation and inspection services offered on an "as needed" basis. Basic services include eight (8) interim site visits, one final inspection and one warranty walk-through visit. LBL Architects, Inc. will present a final design plan for City Council review and approval by February 2010. A preliminary timeline for the project is as follows: 1) Approval of contract -November 2009 2) Initiate design programming -November 2009 3) Review and update of project by City Council -January 2010 4) Final design and bid documents submitted by LBL Architects, Inc. -February 2010 5) City engineering to bid project -March 2010 6) Award contract -April 2010 7) Ordering and staging of products and materials -April -June 2010 8) Closure of Center for renovation -July 1 -August 7, 2010 9) Completion of project -August 2010 City of Colleyville Page 2 Printed on 11/13/2009 ~~ ~„ ~` ~-. City Hall ("~? ~ City of Colleyville 100 Main Street ~y Colleyville, Texas 76034 °~~~'~ Agenda Briefing 817.503.1000 www.col leyville.com File Number: File Type: Pre Council Status: Pre Council Version: 1 Agenda Date: 11/17/2009 Requester: Parks and Recreation Agenda No.: PC-2 Department Controlling Body: City Council Final Action: File Name: Discussion of grant opportunities for hike and bike trails through the Texas Department of Transportation's (TxDOT) Transportation Enhancement Program Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 11/17/2009 City Council Title Discussion of grant opportunities for hike and bike trails through the Texas Department of Transportation's (TxDOT) Transportation Enhancement Program Explanation In Fall 2009, the Texas Department of Transportation (TxDOT), through the North Central Texas Council of Governments (NCTCOG) issued a call for projects for funding through the Transportation Enhancement Program. The City is requesting grant funding for Little Bear Creek Trail extension and Cottonbelt Trail Phase III. These projects meet the City Council goals to develop, expand and promote leisure activity opportunities for citizens. In 2006, the City applied for State Transportation Enhancement Program grants for Little Bear Creek Trail, extending from the Colleyville Nature Center to Sparger Park, and for Cottonbelt Trail Phase III. Unfortunately, the call for enhancement projects was cancelled due to lack of funding. City Council adopted the Colleyville Pathways Plan with the City's number one priority to this plan being the Little Bear Creek Trail extension. The trail will connect a minimum of six Colleyville neighborhoods, two major city parks, and a variety of schools, businesses, and recreational activities. The trail will create the ability to cross under SH26, which is crucial, allowing a safe, accessible crossing that joins Tara Plantation private trails, residential trails and Colleyville Nature Center. Cottonbelt Trail Phase III is the final phase of the Cottonbelt Trail system, which will connect numerous cities, including Grapevine, Colleyville, Hurst and North Richland Hills. Phase I is complete in North Richland Hills and Colleyville. Phase II is nearing construction in the City of Colleyville Page 1 Printed on 11/13/2009 Agenda Briefing Continued cities of Hurst and Colleyville. The trail will establish connection of existing trails within the City of Colleyville to the existing trail in the City of Grapevine at Big Bear Creek. On November 2, 2009, the Parks and Recreation Advisory Board met and recommended submitting the Transportation Enhancement Program Grant applications for Little Bear Creek Trail Extension and Cottonbelt Trail Phase III. Staff is finalizing the Transportation Enhancement Program funding assistance applications, which are due to TxDOT on December 11, 2009. The funds provided by this program are in the form of reimbursables. Up to 80% of eligible project costs can be reimbursed with federal funds. At least 20% of the project allowable cost must be provided by the City, as the local funding match. The City is responsible to make payment for the entire project on a monthly basis and will be reimbursed through the Transportation Enhancement Program for 80% of the entire project. With an estimated total project cost of $2,000,381, the City's 20% matching share of the proposed Little Bear Creek Trail extension grant application is $400,076. Funding options for these grants include Park Land Dedication Fund, current balance of $1,195,705, and Parks Tomorrow Fund, current balance of $1,160,091. With an estimated total project cost of $1,575,237, the City's 20% matching share of the proposed Cottonbelt Trail Phase III grant application would be $315,047. Some of the City's matching share is allocated in the Park Land Dedication Fund, $185,297, and Voluntary Park Fund, $46,325. Funding options for the balance of $83,425, include Park Land Dedication Fund, current balance of $1,195,705, and Parks Tomorrow Fund, current balance of $1,160,091. Staff is seeking City Council direction regarding submission of applications for these grant opportunities and consensus on funding allocations for the City's matching funds. Based on City Council direction, a resolution formalizing the grant submissions, may be forthcoming for City Council's consideration on the December 1, 2009 agenda. City of Colleyville Page 2 Printed on 11/13/2009 .!~~" ~ ~ City of Colleyville ~~~~~~ Agenda Briefing File Number: File Type: Pre Council Version: 1 Agenda Date: 11/17/2009 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.col leyville.com Status: Pre Council Controlling Body: City Council Requester: Library Agenda No.: PC-3 Final Action: File Name: Update on the Colleyville Public Library second floor expansion project Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 11/17/2009 City Council Title Update on the Colleyville Public Library second floor expansion project Explanation In May 2008, the Library embarked on a project to create a Spatial Reorganization Plan for the Colleyville Public Library. The purpose of the project was to develop a plan to reorganize the Library to utilize available space to provide better support for the Library's programs for children and adults. The first plan draft was presented to City Council in October 2008. On July 9, 2009, staff presented an overview of the Spatial Reorganization Plan at a Joint City Council and Library board meeting. During the worksession, staff sought to receive City Council consensus and direction on the conceptual idea of developing the second floor as a program and children's area and reconfiguring existing space on the first floor to enhance current uses. Following the presentation and discussion, the City Council requested an estimate of additional operational costs for the development of the Library's second floor prior to consideration of approval to proceed with engaging an architect to develop a schematic design for the Library's Spatial Reorganization Plan. On August 4, 2009, staff presented an estimate of additional operational costs for the development of the Library's second floor to the City Council and identified a potential source of funding could be the Colleyville Economic Development Corporation (CEDC) annual operating budget. Additionally, staff sought approval for moving forward with engaging an architectural firm to develop a schematic design for the Colleyville Public Library second floor expansion project that would provide the information necessary to establish an actual cost estimate for construction. The estimated Schematic Design Phase fee was $8,614 and funding was included in the Fiscal Year 2009 (FY 2009) General Fund budget. Funding for the Colleyville Public Library second floor expansion project was included in the Colleyville Economic Development Corporation Fiscal Year 2010 (FY 2010) budget. City of Colleyville Page 1 Printed on 11/13/2009 Agenda Briefing Continued In September 2009, staff from the Engineering Department, City Manager's Office and Library reviewed several professional architectural design fee schedules and chose Hidell and Associates Architects to provide schematic design services for the Colleyville Public Library second floor finish out, including program rooms, children's area and minor ground floor reconfiguration to reallocate the area vacated by the children's area. In October 2009, staff met with Hidell Architects to discuss the development of the schematic design and establish a preliminary timeline for the reorganization project. A preliminary timeline for the Colleyville Public Library second floor expansion project is as follows: 1) Schematic Design Phase -November 2009 -January 2010 2) Review and approval of schematic design by City Council -February 2010 3) Design Development Phase -March -April 2010 4) Bid Phase -May 2010 5) Mobilization Phase -June -July 2010 6) Construction Phase -August -November 2010 7) Completion of Project -November 2010 This constuction timeline has been changed from the original schedule presented to City Council to avoid construction during the Summer Reading Program. City of Colleyville Page 2 Printed on 11/13/2009 ,~,,, ~ "' City of Colleyville City Hall 100 Main Street ~ Colleyville, Texas 76034 r.~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 11/17/2009 Status: Pre Council Controlling Body: City Council Requester: Finance Department Agenda No.: PC-4 Final Action: File Name: Presentation of the Monthly Financial Report -October 2009 Attachments: October 2009 Monthly Financial Report.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 11/17/2009 City Council Title Presentation of the Monthly Financial Report -October 2009 Explanation The percentage of current year taxes collected is slightly behind that of the projected revenues but delinquent taxes and penalty and interest exceed the projection by over $9,000. Per governmental accounting rules, sales tax revenue received in October 2009 is recorded as Fiscal Year 2009 (FY 2009) revenue. However, the sales tax revenue received in October 2009 was down $13,598 (-7.93%) over the amount received in October 2008. The quarterly mixed beverage allocation was up almost $2,000 as compared to the current year's quarterly projection. Six residential building permits were issued in October, and permit revenues are $25,000 under the budgeted projection. Fine revenues are almost $15,000 over the budgeted projection. The average amount expended by the General Fund departments at the end of October 2009 is 5.2% of the total appropriation, versus 5.5% which was projected to be spent. Utility Fund Water usage decreased significantly as compared to the amount of sales projected due to the recent record setting rainfalls. The average amount expended by the Utility Fund departments at the end of October 2009 is 2.5% of the total appropriation, versus 2.7% which was projected to be spent. City of Colleyville Page 1 Printed on 11/13/2009 MONTHLY FINANCIAL REPORT -OCTOBER 2009 GENERAL FUND FY 2010 REVENUE SOURCE BUDGET Current Taxes $10,226,024 Delinquent Taxes 72,000 Penalty & Interest 55,000 TOTAL AD VALOREM TAXES $10,353,024 Oncor Electric Tri-County Electric Atmos Gas AT&T Verizon/Others Refuse/Recycling Cable TV TOTAL FRANCHISE TAXES Sales Tax Mixed Beverage Tax TOTAL SALES TAX Building Plumbing Mechanical Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits Irrigation Permit TOTAL LICENSES & PERMITS Fines Alarm Fees Library Fines TOTAL FINES $828, 667 125,000 352,000 122,000 45,000 126,000 225,000 $1,823,667 $2,561,375 72,000 $2,633,375 $452,487 54,151 34,180 44,940 58,265 51,146 2,190 1,400 8, 093 3,675 12,000 6, 800 $729,327 $825, 000 45,000 23,124 $893,124 RECEIVED AS OF 10/31 /2009 $125,542 13,943 3,465 $142,950 $0 0 0 0 181 4,522 0 $4,703 $0 19, 832 $19,832 $23, 909 2,199 2,521 2,828 2,220 5,270 141 36 150 325 750 747 $41,096 $82,673 1, 900 1, 500 $86, 073 PROJECTED AS OF 10/31 /2009 $255,651 6,000 2, 000 $263,651 $0 0 0 0 200 5, 250 0 $5,450 ~ $0 18, 000 $18, 000 $43,750 4,513 2,848 3, 745 4, 855 4, 262 183 117 674 306 1, 000 567 $66,820 $68, 750 2,000 1,927 $72,677 RECEIVED AS OF 10!31 /2008 $197, 966 8,999 2,054 $209, 019 $0 0 0 0 48 5,015 0 $5, 063 I, $0 17,966 $17, 966 $55, 576 5,727 3,324 2,977 2, 835 5,489 94 186 845 325 2, 962 0 $80, 340 $67,091 2, 725 1, 750 $71,566 PERCENT CHANGE -36.58% 54.94% 68.67% 31.61 °fo 0.00% 0.00% 0.00% 0.00% 277.08% -9.83% 0.00% 7.11°fo 0.00% 10.39% 10.39% -56.98% -61.60% -24.16% -5.01 -21.69% -3.99% 50.00% -80.65% -82.25% 0.00% -74.68% 100.00% -48.85% 23.23% -30.28% -14.29% 20.27% MONTHLY FINANCIAL REPORT -OCTOBER 2009 RECEIVED PROJECTED RECEIVED REVENUE SOURCE FY 2010 AS OF AS OF AS OF PERCENT BUDGET 10/31/2009 10/31/2009 10/31/2008 CHANGE Re-zoning $4,645 $625 $387 $1,020 -38.73% Plat Fee/Site Plan 4,450 750 371 0 100.00% Board of Adjustment 1,313 125 109 250 -50.00% Sale of Material 1,409 18 117 10 80.00% Weed Mowing 7,500 3,690 625 1,308 182.11% Animallmpoundment 2,500 528 208 215 145.58% Ambulance 245,000 19,538 20,417 10,735 82.00% Recreation Program 184,900 2,008 7,704 3,363 -40.29% Non-Resident Fee Parks 21,900 3,160 5,000 0 100.00% Field Use Charge 18,100 3,345 4,000 0 100.00% Engineering & Inspection 10,000 0 833 0 0.00% Chgs & Reimbursements 200 0 17 0 0.00% Colleyville Center Rental 244,400 11,826 20,367 32,038 -63.09% Lot Drainage Insp Fee 7,000 625 583 1,375 -54.55% TOTAL CHARGES FOR SERVICE $753,317 $46,238 $60,739 $50,314 -8.'10%a' DARE Officer Reimb $89,792 $0 $0 $0 0.00% TOTAL INTERGOVERNMENTAL $89,792 $0 $0 $0 0.00%, Sale of Surplus Property $3,000 $0 $0 $0 0.00% Interest Income 100,000 0 0 0 0.00% Miscellaneous 55,000 17,420 5,000 10,475 66.30% Use of Available Cash 1,683,238 0 0 0 0.00% Antenna Lease 30,208 3,424 1,700 4,912 -30.29% TOTAL MISCELLANEOUS $1,871,446 $20,844 $6,700 $15,387 35.47°/a Transfer from Utility Fd $816,297 $0 $0 $0 0.00% TOTAL TRANSFERS $816,297 $0 $0 $0 0.00% TOTAL GENERAL FUND REVENUES $19,963,369 $361,736 $494,037 $449,655 -19.55% MONTHLY FINANCIAL REPORT -OCTOBER 2009 TOTAL PERCENT FY 2010 THROUGH THROUGH INCREASE INCREASE BUDGET 10/31/2009 10/31/2008 (DECREASE) (DECREASE) OF CURRENT TAX ROLL COLLECTED 99.0% 2.58% 3.34% -0.76% -22.75% RESIDENTIAL BLDG PERMITS 73 6 11 (5) -45.45% COMMERCIAL BLDG PERMITS 10 0 0 0 0.00%~ PLUMBING/MECHANICAL PERMITS 1,100 69 102 (33) -32.35% ELECTRICAL PERMITS 350 29 39 (10) -25.64% CITATIONS ISSUED 11,500 1,129 923 206 22.32% CITATIONS APPEALED 350 144 105 39 37.14% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE % EXPENDED FY 2010 THROUGH PROJECTED 8.33% OF THE BUDGET BUDGET 10/31/2009 EXPENDITURES YEAR COMPLETED REMAINING City Council $258,412 $40,536 $39,795 15.69% $217,876 City Manager 620,707 33,393 42,332 5.38% 587,314 City Secretary 284,775 13,724 13,726 4.82% 271,051 Finance 494,122 36,678 38,047 7.42% 457,444 Legal 118,960 0 0 0.00% 118,960 Engineering 440,482 19,877 20,703 4.51% 420,605 Economic Development 300,327 11,323 13,515 3.77% 289,004 Building Inspection 423,460 35,713 36,323 8.43% 387,747 Community Development 215,077 10,489 10,109 4.88% 204,588 Fire 5,037,762 331,270 341,056 6.58% 4,706,492 Police 4,404,179 217,151 232,100 4.93% 4,187,028 Parks 1,569,219 64,024 67,319 4.08% 1,505,195 Recreation 334,811 21,391 20,926 6.39% 313,420 Streets & Drainage 2,744,486 42,857 44,595 1.56% 2,701,629 Library 705,817 29,328 31,762 4.16% 676,489 Communications 164,722 6,967 7,505 4.23% 157,755 Colleyville Center 387,890 15,530 16,939 4.00% 372,360 Human Resources 242,339 11,629 12,117 4.80% 230,710 Municipal Court 276,394 10,226 12,355 3.70% 266,168 Fleet Maintenance 219,034 10,482 10,952 4.79% 208,552 Building Services 231,031 61,311 63,000 26.54% 169,720 Information Services 339,202 12,237 13,500 3.61% 326,965 Capital Equipment Reserve 150,000 0 0 0.00% 150,000 TOTAL EXPENSES $19,963,208 $1,036,136 $1,088,677 5.19% $18,927,072 MONTHLY FINANCIAL REPORT -OCTOBER 2009 UTILITY FUND REVENUE SOURCE Water Sales Sewer Sales Sewer Installation Water Installation Sewer Tie-on Charges Engineering Charges Penalties Miscellaneous TOTAL OPERATING INCOME Interest Income TOTAL NON-OPERATING INCOME TOTAL INCOME FY 2010 BUDGET $7,996,383 2,493,105 7,500 20,000 5, 000 2,100 167,985 15,000 $10,707,073 $75,000 $75,000 $10,782,073 RECEIVED AS OF 10/31!2009 $631,108 244,161 500 950 0 0 23, 768 1,411 $901, 898 $0 $0 $901, 898 PROJECTED AS OF 10/31/2009 $919,58 207,75 62 1,66 41 17 13,99 1,25 $1,145,47 $1,145,47 RECEIVED AS OF 10/31 /2008 $847,705 205,099 2,200 ~ 3,220 OIL 0 22,460 1, 557 $1,082,241 $0 $0 $1,082,241 PERCENT CHANGE -25.55% 19.05% -77.27% -70.50% 0.00% -100.00% 5.82% -9.38% -16.66% 0.00% 0.00%a -16.66% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 10/31/2009 10/31/2008 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 179,509,600 268,966,800 (89,457,200) -33.26% NUMBER OF WATER CUSTOMERS 8,957 8,912 45 0.50% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE. % EXPENDED FY 2010 THROUGH PROJECTED 8.33% OF THE BUDGET BUDGET 10/31/2009 EXPENSES YEAR COMPLETED REMAINING Administration $215,694 $10,540 $14,636 4.89% $205,154 Billing 499,948 20,714 22,825 4.14% 479,234 Operations 8,079,590 190,216 206,030 2.35% 7,889,374 Debt Service 898,940 38,590 38,590 4.29% 860,350 Transfer to General Fund 816,297 0 0 0.00% 816,297 TOTAL EXPENSES $10;510,469 $260,060 $282,081 2.47% $10,250,409 ~:~= ~/ `~ ~ City of Colleyville ~~~ Agenda Briefing File Number: File Type: Pre Council Version: 1 Agenda Date: 11/17/2009 Requester: Finance Department Agenda No.: PC-5 File Name: Presentation of the Quarterly Investment Report Attachments: Quarterly Investment Report.pdf History of Legislative File City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Status: Pre Council Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 11/17/2009 City Council Title Presentation of the Quarterly Investment Report Explanation During the period of July 1, 2009 through September 30, 2009, the City of Colleyville had an average of $38,085,102 invested on a daily basis, which earned $92,503, with an average yield of .97%. The average yield on investments for this quarter is down from the prior quarter's average of 1.32%. As of September 30, 2009, the City had $36,509,321 invested in the LOGIC Investment Pool and various debt instruments in the following percentages: LOGIC Investment Pool 72.17% Treasury Notes 3.29% FHLB Notes 21.80% FHLB Discount Note 2.74% These percentages are within the guidelines for portfolio diversification in the City's investment policy. The market value of the City's investments on September 30, 2009 was $10,215,656 as compared to a purchase price of $10,221,688 (this excludes LOGIC Investment Pool). The Colleyville Economic Development Corporation currently holds a Treasury Note ($540,000) with a market value of $550,908 and a purchase price of $551,222. Additionally, $1,366,905 was invested in the Corporation's name in the LOGIC Investment Pool. These funds earned interest of $1,418 for the quarter. This report was presented to the Audit Committee at their November 17, 2009 meeting. City of Colleyville Page 1 Printed on 11/10/2009 QUARTERLY INVESTMENT REPORT OUTSTANDING INVESTMENTS AT SEPTEMBER 30, 2009 PURCHASE PAR MARKET VALUE PRICE VALUE @ 9/30/09 FHLB DISCOUNT $970,750 $1,000,000 $1,000,000 FHLB NOTE $1,122,103 $1,115,000 $1,115,346 TREASURY NOTE $1,232,472 $1,200,000 $1,201,452 FHLB NOTE $943,563 $920,000 $928,335 FHLB NOTE $850,000 $850,000 $856,911 FHLB NOTE $1,027,800 $1,000,000 $1,028,130 FHLB NOTE $850,000 $850,000 $853,451 FHLB NOTE $1,000,000 $1,000,000 $1,000,630 FHLB NOTE $1,000,000 $1,000,000 $1,005,630 FHLB NOTE $1,225,000 $1,225,000 $1,225,772 TOTAL OUTSTANDING INVESTMENTS $10,221,688 $10,160,000 $10,215,657 CITY OF COLLEYVILLE BALANCES AT SEPTEMBER 30, 2009 INVESTMENT PURCHASES $10,160,000 LOGIC INVESTMENT POOL $26,349,321 TOTAL CITY INVESTMENTS HELD AT SEPTEMBER 30, 2009 $36,509,321 COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BALANCES AT SEPTEMBER 30, 2009 INVESTMENT PURCHASES LOGIC INVESTMENT POOL TOTAL CEDC INVESTMENTS HELD AT SEPTEMBER 30, 2009 $540,000 $1,366,905 $1,906,905 OTAL INVESTMENTS HELD BY CITY OF COLLEYVILLE ND COLLEYVILLE ECONOMIC DEVELOPMENT CORP AT SEPTEMBER 30, 2009 $38,416,226 MATURITY YIELD ON DATE INVESTMENT 10/2/2009 3.110% 10/5/2009 3.100% 10/15/2009 1.590% 12/11/2009 3.050% 9/2/2010 1.400% 12/10/2010 1.453% 2/28/2011 1.250% 4/20/2011 1.600% 6/15/2011 1.300% 7/29/2011 1.000% INTEREST EARNINGS ON CITY OF COLLEYVILLE INVESTMENTS JULY 1 -SEPTEMBER 30, 2009 PURCHASE PAR MATURITY YIELD ON INTEREST PRICE VALUE DATE INVESTMENT EARNED FNMA NOTE $1,404,382 $1,375,000 7/13/2009 3.040% $1,489 FHLB NOTE $1,219,297 $1,185,000 8/14/2009 2.500% $3,571 TREASURY NOTE $1,351,797 $1,300,000 8/15/2009 2.391% $3,832 FHLB DISCOUNT $968,325 $1,000,000 9/23/2009 3.272% $7,530 FHLB DISCOUNT $970,750 $1,000,000 10/2/2009 3.110% $7,839 FHLB NOTE $1,122,103 $1,115,000 10/5/2009 3.100% $8,712 TREASURY NOTE $1,232,472 $1,200,000 10/15/2009 1.590% $4,809 FHLB NOTE $943,563 $920,000 12/11/2009 3.050% $7,073 FHLB NOTE $850,000 $850,000 9/2/2010 1.400% $2,999 FHLB NOTE (EARLY CALL 7/15/2009) $1,198,800 $1,200,000 10/15/2010 3.552% $1,635 FHLB NOTE $1,027,800 $1,200,000 12/10/2010 1.453% $4,393 FHLB NOTE $850,000 $850,000 2/28/2011 1.250% $1,514 FHLB NOTE $1,000,000 $1,000,000 4/20/2011 1.600% $4,033 FHLB NOTE $1,000,000 $1,000,000 6/15/2011 1.300% $3,277 FHLB NOTE $1,225,000 $1,225,000 7/29/2011 1.000% $2,215 TOTAL INTEREST EARNED ON CITY INVESTMENTS HELD 7-1-09 THROUGH 9-30-09 $64,921 O 0 O M ~ 0 0 N ~ m Y ~~ Q ~ ~ Q Q o Q Q Z Z Z Z ~ Z ~ ~ Q ~ U LL rn ^ ~ o w cA o M 0 0 ~ 0 0 V' tf~ ~ GO GOD ~ Q ~ ~ its ~ Q Q Z Z Z N ~~ Q Q Q Q Q Q Q Q Q Q Q Q Q Q Q J Q .... 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GLADE CRANBROOK ESCROW $118,638.55 003-1237 E. GLADE ASHMORE I ESCROW $52,574.92 003-1239 GLADE POINTS LANDSCAPE ESCROW $4,916.85 003-1247 GLADEANAYSIDE ESCROW $42,724.11 003-1250 REATTA PLACE $97,405.57 003-1257 ASHMORE II A GLADE RD ESCROW $28,118.15 003-1268 MILL CREEK/ GLADE ESCROW $30,590.94 003-1271 ASHMORE III/ GLADE ESCROW $64,867.00 003-1278 GLADE RD/ASHMORE IIB ESCROW $36,016.94 003-1301 LAKEWOOD PH IV $76,784.45 003-1304 VILLAS DEL MAR $59,676.91 003-1307 SPRING GARDEN $92,973.88 003-1313 APPLEBEE'S $44,164.21 003-1319 REMINGTON PARK $167,823.10 003-1323 SHALIMAR $70,190.94 003-1325 PECAN GARDENS $32,425.83 003-1330 REMINGTON PARK $81,160.32 003-1340 CASTLETON MANOR $80,527.10 003-1357 CITGO/LD LOCKETT $57,216.54 003-1360 REMINGTON PARK PH III $79,333.60 003-1392 CLAIRMONT-PHI $104,352.95 003-1404 TANGLEWOOD $26,298.48 003-1418 CLAIRMONT-PH II $145,635.20 003-1486 CHANEL'S COURT $47,434.48 003-1551 LA VACA TRAIL $50,700.15 003-1563 VILLAS OF COLLEYVILLE $52,469.64 005-1172 VOLUNTARY PARK FUND $199,653.43 011-1172 LIBRARY DONATIONS FUND $209,862.07 012-1172 PARK LAND DEDICATION FUND $1,157,580.98 017-1172 DRAINAGE FUND OPERATING $151,732.15 024-1172 CEDC OPERATING $551,221.88 026-1172 TIF OPERATING $382,889.80 PER GENERAL LEDGER $10,772,909.47 VALUE AT MATURITY $10,700,000.00 INTEREST RECEIVED AT MATURITY $305,568.24 LOGIC INVESTMENT POOL ALLOCATION AND GENERAL INFORMATION OUTSTANDING INVESTMENTS AT 9-30-09 INVESTMENT DATE ACQUIRED MATURITY DATE 26 WEEK T-BILL AUCTION DISCOUNT/WEEK OF PURCHASE YIELD TO MATURITY ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 002-1166 UTILITY DEBT SERVICE RESERVE 002-1172 UTILITY FUND OPERATING 002-1178 CUSTOMER DEPOSITS 002-1557 THE RESERVE LIFT STATION 003-1173 SERVICE AREA I -IMP FEES 003-1180 BEDFORD BRIDGE ESCROW 003-1188 TOWN CENTER/HWY26 003-1192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 003-1204 BEDFORD LAKES/SOMERSET 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW 003-1236 E. GLADE CRANBROOK ESCROW 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-1247 GLADE/WAYSIDE ESCROW 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILL CREEK/ GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE IIB ESCROW 003-1301 LAKEWOOD PH IV 003-1304 VILLAS DEL MAR 003-1307 SPRING GARDEN 003-1313 APPLEBEE'S 003-1319 REMINGTON PARK 003-1323 SHALIMAR 003-1325 PECAN GARDENS 003-1330 REMINGTON PARK 003-1340 CASTLETON MANOR 003-1357 CITGO/LD LOCKETT 003-1360 REMINGTON PARK PH III 003-1392 CLAIRMONT-PH I 0031404 TANGLEWOOD 003-1418 CLAIRMONT-PH II 003-1486 CHANEL'S COURT 003-1551 LA VACA TRAIL 003-1563 VILLAS OF COLLEWILLE 005-1172 VOLUNTARY PARK FUND 011-1172 LIBRARY DONATIONS FUND 012-1172 PARK LAND DEDICATION FUND 017-1172 DRAINAGE FUND OPERATING 024-1172 CEDC OPERATING 026-1172 TIF OPERATING PER GENERAL LEDGER VALUE AT MATURITY INTEREST RECEIVED AT MATURITY FFCB FHLB FHLB FHLB TREASURY NOTE NOTE NOTE NOTE NOTE 20-Apr-09 15-Jun-09 27-Jul-09 10.Aug-09 30-Sep-09 20-Apr-11 15-Jun-11 27-Jul-11 28-Feb11 15-Apr-10 0.330% 0.290% 0.275% 0.285% 0.190% 1.600% 1.300% 1.250% 1.000% 0.155% 450,000.00 527,959.09 12,000.00 186,917.59 186,000.00 176.75 393,855.00 60,250.02 35,936.63 10,878.28 56,882.71 52,574.92 4,916.85 97,405.57 28,118.15 30,590.94 64,867.00 36,016.94 76,764.45 59,676.91 92,973.88 167,823.10 80,527.10 104,352.95 145,635.20 47,434.48 50,700.15 52,469.64 100,416.69 263,226.67 286,352.15 259,280.19 50,000.00 551,221.88 $1,000,000.00 $1,000,000.00 $1,225,000.00 5850,000.00 $551,221.86 $1,000,000.00 $1,000,000.00 $1,225,000.00 $850,000.00 $540,000.00 $32,000.00 $26,000.00 $30,625.00 $12,750.00 $463.37 LOCAL GOVERNMENT INVESTMENT COOPERATIVE / "LOGIC" ACCOUNT ALLOCATION AT SEPTEMBER 30, 2009 ACCT # DESCRIPTION BALANCE GENERAL FUND 001.1115 GENERAL OPERATING $3,834,626.30 UTILITY FUND 002.1115 UTILITY OPNS $3,337,783.43 002.1116 IMPACT FEES WATER $17,367.64 002.1130 UTILITY INTEREST & SINKING FUND $776,099.17 002.1294 IMPACT FEES SEWER $391,850.46 CAPITAL PROJECTS FUND 003.1113 IMPACT FEES/SA I $759,577.52 003.1396 2002 CERTIFICATES OF OBLIGATION $47,054.24 003.1508 STREET RESURFACING $1,126,313.10 003.1509 MICRO-RESURFACING $151,886.16 DEBT SERVICE FUND 004.1115 DEBT SERVICE OPERATING $993,857.36 DRAINAGE FUND 017.1115 DRAINAGE OPERATING $430,617.05 017.1159 DRAINAGE INT & SINKING FUND $138,402.94 017.1380 2001 DRAINAGE BONDS $2,304.27 TIF FUND 026.1115 TIF OPERATING $6,332,527.73 026.1383 2001 TIF BONDS $136,771.54 CCCPD FUND 027.1115 CCCPD OPERATING $670,894.27 027.1147 99 POLICE/COURT BLDG FUND $65,372.44 SALES TAX INCENTIVE AGREEMENT FUND 031.1115 SALES TAX INCENTIVE AGREEMENT OPERATING $903,431.23 CAPITAL EQUIPMENT REPLACEMENT FUND 032.1115 CAPITAL EQUIPMENT REPLACEMENT FUND $496,161.49 COLLEYVILLE TOMORROW FUND 034.1115 COLLEYVILLE TOMORROW FUND $3,464,669.81 PARKS TOMORROW FUND 035.1115 PARKS TOMORROW FUND $2,052,513.63 TOTAL LOGIC POOL BALANCE $26,130,081.78 OUTSTANDING INVESTMENTS AT 9-30-09 INVESTMENT TREASURY FHLB FHLB FHLB FHlB FHLB NOTE NOTE NOTE DISCOUNT NOTE NOTE DATE ACQUIRED 31-Mar-08 10.Jun-08 04-Aug-OB 15-OCt-OB 12-Feb-09 02-Mar-09 MATURITY DATE 75-Oct-09 OS-Oct-09 71-Dec-09 02-Oct-09 10-Dec-10 02-Sep-10 26 WEEK T-BILL AUCTION DISCOUNT/WEEK OF PURCHASE 1.550% 7.997% 1.900% 1.100% 0.495% 0.440% YIELD TO MATURITY 1.590% 3.100% 3.050% 3.110% 7.453% 1.400% ACCOUNT ALLOCATION OF INVESTMENT 001-1172 GENERAL FUND OPERATING 1,122,102.55 970,750.00 1,027,800.00 850,000.00 002-1166 UTILITY DEBT SERVICE RESERVE 106,246.79 002-1772 UTILITY FUND OPERATING 002-1178 CUSTOMER DEPOSITS 002-1557 THE RESERVE LIFT STATION 1,505.31 003-1173 SERVICE AREA I -IMP FEES 1,672.38 19,875.79 003-1780 BEDFORD BRIDGE ESCROW 35,948.57 003-1188 TOWN CENTER/HWY26 003-7192 MCDONWELL WOODS EST ESCROW 003-1200 LONGWOOD-PARKING ESCROW 13,475.93 003-1204 BEDFORD LAKES/SOMERSET 229,612.71 003-1228 PLEASANT RUN HARDAGE ESTATES/ESC 46,812.04 003-1229 GLADE RD SUMMERBROOK 003-1231 LAKEWOOD ESCROW 26,290.79 003-1236 E. GLADE CRANBROOK ESCROW 118,638.55 003-1237 E. GLADE ASHMORE I ESCROW 003-1239 GLADE POINTS LANDSCAPE ESCROW 003-7247 GLADENVAYSIDE ESCROW 42,724.11 003-1250 REATTA PLACE 003-1257 ASHMORE II A GLADE RD ESCROW 003-1268 MILL CREEK/ GLADE ESCROW 003-1271 ASHMORE III/ GLADE ESCROW 003-1278 GLADE RD/ASHMORE LIB ESCROW 003-1301 LAKEWOOD PH IV 003-1304 VILLAS DEL MAR 003-1307 SPRING GARDEN 003-1313 APPLEBEE'S 44,164.21 003-1319 REMINGTON PARK 003-1323 SHALIMAR 70,790.94 003-1325 PECAN GARDENS 32,425.83 003-1330 REMINGTON PARK 81,160.32 003-1340 CASTLETON MANOR 003-1357 CITGO/LD LOCKETT 57,216.54 003-1360 REMINGTON PARK PH III 79,333.60 003-1392 CLAIRMONT-PH I 003-1404 TANGLEWOOD 26,298.48 003-1418 CLAIRMONT-PH II 003-1486 CHANEL'S COURT 003-1551 LP. VACA TRAIL 003-1563 VILLAS OF COLLEYVILLE 005-1172 VOLUNTARY PARK FUND 199,653.43 011-1172 LIBRARY DONATIONS FUND 109,445.38 012-1172 PARK LAND DEDICATION FUND 348,721.97 017-1172 DRAINAGE FUND OPERATING 32,212.44 69,519.71 024-1172 CEDC OPERATING 026-7172 TIF OPERATING 382,889.80 PER GENERAL LEDGER $1,232,472.00 $1,122,102,55 $943,563.04 $970,750.00 $1,027,800.00 $850,000.00 VALUE AT MATURITY 51,200,000.00 $1,175,000.00 $920,000.00 51,000,000.00 51,000,000.00 $850,000.00 INTEREST RECEIVED AT MATURITY $29,936.84 $45,767.12 $53,892.58 $29,250.00 $27,033.33 $17,850.00 LOGIC LOGIC Newsletter September 2009 As of September 30, 20Q9 Current Invested Balance $2,'I`"T1,101,803.69 Weighted Average Maturity (1)'` 53 Days Weighted Average Maturity (2)" 67 Days Net Asset Value 1.000387 Total Number of Participants 401 Management Fee on Invested Balance 0.0875% Interest Distributed $786,364.53 Management Fee Collected $149,049.86 % of Portfolio Invested Beyond 1 Year 2.30% Standard & Poor's Current Rating AAAm September Averages: Average Invested Balance $2,072,467,762.24 Average Monthly Yield, on a simple basis 0.3746% Average Weighted Average Maturity (1 )'` 56 Days Average Weighted Average Maturity {2)* 72 Days 'De;iniiior of lNclghted Avt;raye I~°°" ~tw-i[y l} ~, (2} {1) This weighted average maturity calculation uses the SEC Rule 2a-7 definition for stated maturity for any floating rate instrument held In the portfolio to determine the weighted average maturity for the pool. This Rule specifes that a variable rate instrument to be paid in 397 calendar days or Tess shay be deemed to have a maturity equal to the period remaining until the next readjustment of the interest rate. {'L} 'Phis weighted average maturity caiculation uses thefinal maturity of any 'floating rate instruments held in the portfolio tc calculate the weighted average maturity for the pool Rates reflecfhistoncal information!and are not an indication of future performance. Holiday Reminders In observance of the Columbus Day holiday, LOGIC will be closed on Monday, October 72, 2009. All ACH transactions initiated on Friday, October 9th will settle on Tuesday, October 13th. In observance of the Veterans Day holiday, LOGIC will be closed on Wednesday, November 11, 2009. All ACH transactions initiated on Tuesday, November 10th will settle on Thursday, November 12th. COClferellCeS LOGIC representatives will be attending the following conferences in October. Please stop by and visit the LOGIC booth. Texas Association of County Auditors Fall Conference, Galveston, October 20-23. Texas Municipal League Annual Conference, Fort Worth, October 20-23. In all likelihood, the recession of the past year, the deepest inpost-war history, ended in the third quarter. The industrial and housing sectors have bounced back strongly after significant and pro- longed corrections. To be sure, these gains are off of extremely depressed levels, and the pace will surely ease in the quarters ahead. Nonetheless, strength in these two sectors has helped stem contraction in overall GDP. Consumer spending also came back solidly in the third quarter, mainly due to the "cash for clunkers"program; elsewhere spending still looks weak. Home sales and housing starts have recovered strongly. Afford- ability measures remain near record highs; and the first-time home buyer tax credit, set to expire in November, also helped. The recovery in the labor market is at best sluggish. Another troubling aspect for consumer spending is the decided weakness in wages: hourly earnings fell to 2.5% year over year by September from a peak of 4.2% in July 2007, and given the amount of slack in la- bormarkets, will almost certainly weaken further. Financial conditions eased notably in the third quarter. With rising equity prices, low Treasury and mortgage rates, and the Fed likely to keep rates low for an "extended period", the U.S. is in a "sweet spot" of liquidity. However, household credit conditions remain very tight, and banks continue to believe that consumer's balance sheets will remain stressed and will take years to normalize. The demand for consumer loans is falling and the number of outstanding U.S. credit cards continued to drop through June as the deleveraging of households continues. Growth should be at around 2% in 2010, with slug- gishgrowth inconsumer spending in the forecast horizon. The unemployment rate will likely remain elevated for the next two years and should keep wages subdued far a protracted period. This ex- tended period of slack should generate continued disinflation, just as it has in all previous early expansions. Therefore, the Fed will likely remain on hold into 2011. The Fed's balance sheet will remain a function of the amount of credit easing it deems necessary and should remain elevated as the Fed's programs slowly unwind. The bal- ance sheet's size will likely remain volatile as the Fed navigates its several options to eventually tighten policy. The path of credit and financial conditions will primarily dictate the direction of any recovery or perhaps even retrenchment. This information is an excerpt from an economic report dated September 2009 provided to LOGIC by JP Morgan Asset Management, Inc., the investment manager of the LOGIC pool. Por tfo lio by Ty pe of /n vestm en t As of Sept em ber 30, 200 9 Commercial Parser 73.E Agencies 19.44% 2epurchase agreements 6.91 ~ •1 ~. Portfolio by Maturity As of September 30, 2009 181 ~oy~ 5.48% 91 to 180 days 14.65% Other 4.99% U ist r~bu t~on of Pa rt ici pan ts by Ty pe Qs ~f S ep tem ber 30. 2009 School Dist 40.65% Historical Program Information Higher Education 2.7a°~° County 11.47% th Care 1.74% Average Book Market Net Number of Month Rate Value Value Asset Value WAM (1)* WAM (2)* Participants Sep 09 0.3746% $ 2,171,101,803.69 $ 2,171,942,612.91 1.000387 56 72 401 Aug 09 0.4059% 2,119,812,713.75 2,120,730,473.29 1.000432 56 73 401 Jul 09 0.4649% 2,325,283,305.15 2,326,236,809.81 1.000388 56 74 401 Jun 09 0.5345% 2,365,775,967.73 2,367,215,278.81 1.000608 54 73 401 May 09 0.5954% 2,576,836,764.80 2,578,482,406.66 1.000638 52 69 401 Apr 09 0.7108% 2,787,174,143.02 2,788,910,519.21 1.000622 50 64 400 Mar 09 0.8150% 2,866,845,167.88 2,86$,335,261.78 1.000519 48 63 399 Feb 09 0.9218% 2,770,274,863.89 2,771,258,100.47 1.000331 48 59 397 Jan 09 1.2949% 2,607,448,758.26 2,608,887,018.27 1.000525 43 59 396 Dec 08 1.9482% 2,020,016,178.64 2,022,893,475.12 1.001380 49 71 396 Nov 08 2.1998% 1,765,294,651.20 1,766,214,274.71 1.000520 38 68 395 Oct 08 2.5915% 1,625,272,627.28 1,625,758,410.05 1.000185 39 75 392 Sep 08 2.6931% 1,842,768,859.42 1,841,395,940.75 0.999254 37 75 390 Portfolio Asset Summary as of September 30, 2009 Book Value Market Value Uninvested Balance $ 630.94 $ 630.94 Accrual of Interest Income 624,752.84 624,752.84 - Interest and Management Fees Payable (860,969.56) (860,969.56) Payable for Investment Purchased 0.00 0.00 Repurchase Agreements 149,992,000.00 149,992,000.00• Commercial Paper 1,599,139,866.04 1,599,270,221.80- Government Securities 422,205,523.43 422,915,976.89 Total $ 2,171,101,803.69 $ 2,171,942,612.91 Market value of collateral supporting the Repurchase Agreements is at least 102%a of the Book Value. The portfolio is managed by J.P. Morgan Chase 8 Co. and the assets are safekept in a separate custodial account at the Federal Reserve Bank in the name of LOGIC. The only source of payment to the Participants are the assets of LOGIC. There is no secondary source of payment for the pool such as insurance or guarantee. Should you require a copy of the portfolio, please contact LOGIC Participant Services. Utility District City 9.73% 28.68% 1 to 7 days 8 to 30 days 34.65% 13.26% 0.54 0.51 0.48 0.45 0.42 0.39 0.36 0.33 0.30 0.27 0.24 0.21 0.18 0.15 0.12 0.09 0.06 0.03 0.00 0 O O O O 0 O 0 O 0 0 O 0 O O O O 0 O O O O O O O O O O O O U O O O O O c~ ~p ~c~ ~O ~t~ 3^ ~,P ~oP ~~P~OP~~P O,~,P ~~ X05 ~~5 X05 ~~5 005 90 Day T-Bill Rate LOGIC Rate This material is for infonmation purposes only. This information does not represent an offer to buy or sell a security. The above rate information is obtained from sources that are believed to be reliable; however, its accuracy or completeness September be subject to change. The LOGIC management fee September be waived in full or in part at the discretion of the LOGIC co-administrators and the LOGIC rate for the period shown reflects waiver of fees. This table represents irnestment performanre/retum tothe customer, net of fees, and is not an indica5on of future performance. An investment in the security is not insured or guaranteed by the Federal Deposit Insurance Corporation or any other government agency. Although the issuer seeks to preserve the value of an investment at 51.00 per share, it is possible to lose money by investing in the security. Information about these and other program details are in the fund's Information Statement which should be read carefully before investing. The yield on the 90-Day Treasury Bill ("T-Bill Yield") is shown for comparative purposes only. When comparing the investment returns of the LOGIC pool to the T-Bill Yield, you should know that the LOGIC pool consist of allocations of specific diversified securities as detailed in the respective Information Statements. The T-Bill Yeld is taken from Bloomberg Finance L.P. and represents the daily closing yield on the then current 90-day T-Bill. Daily Summary for September 2009 Mny Mkt Fund Daily Allocation LOGIC Invested Market Value WAM WAM Date Equiv. [SEC Std.] Factor Balance Per Share Days (1)* Days (2)* 1-Sep-09 0.4036% 0.000011058 $2,115,312,615.85 1.000427 59 75 2-Sep-09 0.3962% 0.000010855 $2,117,893,594.16 1.000431 59 75 3-Sep-09 0.3811% 0.000010442 $2,132,224,937.96 1.000428 59 75 4-Sep-09 0.3824% 0.000010477 $2,110,877,301.71 1.000398 56 73 5-Sep-09 0.3824% 0.000010477 $2,110,877,301.71 1.000398 56 73 6-Sep-09 0.3824% 0.000010477 $2,110,877,301.71 1.000398 56 73 7-Sep-09 0.3824% 0.000010477 $2,110,877,301.71 1.000398 56 73 8-Sep-09 0.3858% 0.000010569 $2,100,855,490.20 1.000430 56 72 9-Sep-09 0.3926% 0.000010757 $2,059,859,140.53 1.000432 59 75 10-Sep-09 0.3847% 0.000010541 $2,052,730,242.09 1.000435 59 75 11-Sep-09 0.3798% 0.000010405 $2,037,728,947.06 1.000406 58 73 12-Sep-09 0.3798% 0.000010405 $2,037,728,947.06 1.000406 58 73 13-Sep-09 0.3798% 0.000010405 $2,037,728,947.06 1.000406 58 73 14-Sep-09 0.3853% 0.000010557 $2,008,752,527.30 1.000422 58 74 15-Sep-09 0.3852% 0.000010554 $1,988,260,386.62 1.000427 59 75 16-Sep-09 0.3903% 0.000010692 $1,971,642,169.40 1.000459 59 75 17-Sep-09 0.3913% 0.000010721 $1,956,147,790.61 1.000466 59 75 18-Sep-09 0.3918% 0.000010734 $1,954,260,853.66 1.000424 56 72 19-Sep-09 0.3918°/d 0.000010734 $1,954,260,853.66 1.000424 56 72 20-Sep-09 0.3918% 0.000010734 $1,954,260,853.66 1.000424 56 72 21-Sep-09 0.3631% 0.000009947 $2,019,869,361.28 1.000430 54 69 22-Sep-09 0.3506% 0.000009605 $2,059,182,280.45 1.000415 55 70 23-Sep-09 0.3680% 0.000010083 $2,056,041,653.32 1.000411 58 73 24-Sep-09 0.3737% 0.000010239 $2,020,897,510.72 1.000433 59 74 25-Sep-09 0.3443% 0.000009432 $2,178,543,296.80 1.000375 52 67 26-Sep-09 0.3443% 0.000009432 $2,178,543,296.80 1.000375 52 67 27-Sep-09 0.3443% 0.000009432 $2,178,543,296.80 1.000375 52 67 28-Sep-09 0.3478% 0.000009529 $2,180,715,522.23 1.000386 51 66 29-Sep-09 0.3242% 0.000008882 $2,207,437,341.43 1.000381 51 65 30-Sep-09 0.3379% 0.000009257 $2,171,101, 803.69 1.000387 53 67 Average 0.3746% 0.000010264 $2,072,467,762.24 56 72 LOGIC versus 90-Day Treasury Bill LOZSL Xl ~s~'Ilr'a 008 a~inS'~aaa~S Ined 'tS 4~oN SZ£ •aul '~uauaa~eueW tassy ~san~ytnoS tsai j o/a saainaaS tuedpi~ed ~I~OI ~IJO'I LOGIC Board Members Philip G. Roberson Arlington ISD Board President Fred L. Werner Judd R. Sanderson Sandra Swinnea City of Grapevine North Texas Municipal Water District Tarrant Regional Water District Board Vice President Board Treasurer l Investment Officer Board Member For more information contact LOGIC Participant Services yt 1-800-895-6442 ,k www.logic.org r First SouthwestAsset Mana ement ' ~JPMorganChase J rv„ rr ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~r,,.,. Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 File Type: Pre Council Agenda Date: 11/17/2009 Status: Pre Council Controlling Body: City Council Requester: Office of the City Agenda No.: PC-6 Final Action: Manager File Name: Presentation and discussion of strategic plan goals and objectives Attachments: Strategic Points and Objectives.pdf Priority Ranking of SWOT Analysis History of Legislative File Version: Date: Acting Body: Action Text: 1 11/17/2009 City Council Title Presentation and discussion of strategic plan goals and objectives Explanation In developing the strategic plan, the next steps are to identify the strategic points and objectives from the analysis of strengths, weaknesses, opportunities and threats (SWOT) completed at the September 29, 2009 worksession. A summary of the SWOT analysis was presented October 20, 2009 to City Council, and it was determined the next steps were to formulate the priorities identified into strategic points and objectives that will become the foundation of the City's plan. The attachment is a draft summary gleaned from the SWOT analysis including five key strategic points. These points are as follows: > Make along-term commitment to economic development > Foster a more diversified tax base > Protect and preserve the City's neighborhoods > Deliver sustainable government > Brand Colleyville with a unique identity Several common themes emerged throughout the discussion and are central to the core of Colleyville that relate to all five strategic points above. These are: the need to continue Colleyville's commitment to quality public safety and leisure services (Library, Parks and Recreation), engage and capitalize on Colleyville's strong neighborhoods, responsible fiscal stewardship, and continue to empower and support Colleyville's dedicated City employees. With these five strategic points, like the points of a star guiding us, City Council, staff and community can work together in strategically establishing goals and objectives that will define Colleyville well into the future. City of Colleyville Page 1 Printed on 11/13/2009 COLLEY~ILLE TEXAS Colleyville Strategic Plan Results of SWOT Analysis-Strategic Points and Objectives Colleyville's Central Core: issues that affect/relate to all five strategic points; what helps define Colleyville as a community: / High quality of life / Public safety: a sense of security / Strong financial stewardship / Unique neighborhoods and engaged HOAs / Regional partnerships / Colleyville parks and recreational opportunities / Colleyville Public Library / City employees Strategic Point 1: Make along-term commitment to economic development Objectives: - Develop and implement an economic development strategic plan.. - Explore ways of bringing people from other cities here; begin to establish a visitor's economy. o Research and produce aDining/Attraction Guide, feature and promote Colleyville's unique magnets (i.e. Lifetime Fitness, IMAX Theatre, Market Street). Ensure its distribution and placement in hotels throughout Texas and Oklahoma. o Consider affiliating with the DFW Area Tourism Council as a vehic4e for promoting Colleyville attractions. o Encourage, support and promote cultural. arts events and festivals. - Quantify and mitigate retail leakage as well as Colleyville's perceived marke# affluence on retail and restaurant attraction.- - Plan for and mitigate the economic impact of future Colleyville Blvd.. reconstruction. - Encourage commercial development along Precincfline Road. - Market Colleyville as a medical specialist, procedure and laboratory center. o Join and participate in BioDFW and the DFW Hospital Council Work with and capitalize on residents who are commercial real estate brokers and developers. - Work to create and support positive attitudes toward development. o Development process improvements, including the creation of citizen advocates for economic development. Colleyville Strategic Plan November 17, 2009 Strategic Point 2: Foster a more diversified tax base Objectives: - Protect and preserve commercial development along Colleyville Blvd. in order to maximize the highest and best use of the City's primary commercial corridor. - Work with property owners and representatives to master plan the remaining large, undeveloped tracts of commercial property. - Pursue opportunities to advance small business development and create business incubators in order to nurture the commercial tax base. - Work to attract and facilitate ahotel-and begin collecting occupancy tax revenues. - Seek opportunities to foster and expand commercial development in conjunction with Colleyville Blvd. reconstruction. - Review the City's fee structure in comparison to others and determine what, if any, voids there are in existing fee structure. Strategic Point 3: Protect and preserve the City's Neighborhoods Objectives: - Preserve Colleyville's unique, rural neighborhoods and high property values. - Create and implement a Colleyville Citizen/Neighborhood Academy to improve and enhance citizen and neighborhood involvement in local government. - Quan#ify and communicate impact of aging infrastructure-both City and HOA owned. - Utilize partnerships to enhance safety and security and community amenities. - Continue mobility enhancements that complement neighborhoods. Strategic Point 4: Deliver sustainable government Objectives: - Quantify and mitigate the lack of redundancy in City operations. - Weigh and evaluate citizen expectations in relation to City build out and declining revenues. - Capitalize on technology. - Identify alternatives to increasing costs of service delivery. - Quantify and communicate impact of aging infrastructure-both City and HOA owned (see Strategic Point 3). Strategic Point 5: Brand Colleyville with a unique identity Objectives: - Celebrate and promote Colleyville's willingness to be unique/set apart from other cities. - Capitalize on Colleyville's small town feel in the middle of the Metroplex. - Assume the mantle of environmental leadership in Tarrant County. - Celebrate Colleyville's unique destinations (Market Street, Lifetime Fitness, IMAX). Colleyville Strategic Plan November 17, 2009 Priority Ranking of SWOT Analysis SWOT Category Number of rankings Ranking Points Total Strengths Nei hborhoods 6 16 Street maintenance CIP 2 8 Willin Hess to be uni ue/seta art from other cities 2 7 Qualit of life 3 9 Value of erceived affluence 1 4 Dedicated Cit em to ees 1 4 Uni ue destinations Market Street, Lifetime Fitness, IMAX 1 2 En a ed o ulous 1 1 Weaknesses Economic Develo ment 10 38 Lack of brand identit /who or where is Colle ville 9 19 Trans ortation mobilit lack of easUwest access 5 11 Cit maintenance facilities 5 11 Hi hwa 26 3 6 Opportunities Economic Develo ment 10 36 Market as medical s ecialist, rocedure and laborato center 4 13 Environmental leadershi 2 9 Attract/facilitate ahotel 6 7 Re Tonal artnershi s 1 4 H i hwa 26 1 4 Ca italize on stron HOAs 1 4 Brin eo le from other cities here 1 4 Preserve uni ue rural nei hborhoods 1 3 More and better technolo 1 3 Ca italize on residents who are brokers and develo ers 1 3 Commercial buildin s 1 2 Threats Lack of diversified tax base 8 26 Continued increases in Cit 's cost to do business 2 6 Lack of redundanc in Cit o erations 2 4 Public attitude toward certain develo ment 1 4 Escalation of citizen expectations in relation to City buildout and declinin revenues 1 3 Ain infrastructure 1 3 Cit 's res onsibilit to cost savin s while still rovidin services 1 1 Economic im act of Colle ville Blvd. construction 1 1 ~,~ .~: City Hall ` ~ 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 Agenda Date: 11/17/2009 Controlling Body: City Council Requester: Office of the City Agenda No.: PC-7 Final Action: Secretary File Name: Discussion of the November 17, 2009 regular agenda items Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 11/17/2009 City Council Title Discussion of the November 17, 2009 regular agenda items City of Colleyville Page 1 Printed on 11/10/2009 ~~"~~ City Hall `' ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 °-,.;: Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Executive Session Status: Executive Session Version: 1 Agenda Date: 11/17/2009 Requester: Office of the City Agenda No.: 1 Secretary File Name: Executive Session Legal -November 17, 2009 Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 11/17/2009 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 - Rischon Development Corporation v. City of Colleyville Sec. 551.071 - Legal -Discussion of pending litigation -Barbara Andrews v. City of Colleyville 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 11/12/2009 ~~ City Hall ,~~~, ~'°~` City of Colleyville 100 Main Street ,,,`Q~~ ~~~"~"" Colleyville, Texas 76034 "; ~ ~ 817. 503.1000 Agenda Briefing www.colleyville.com File Number: File Type: Oath of Office Status: Oath of Office Version: 1 Agenda Date: 11/17/2009 Requester: Office of the City Agenda No.: 2 Secretary File Name: Oath of Office -Mayor for a Day Attachments: History of Legislative File Controlling Body: City Council Final Action: Version: Date: Acting Body: Action Text: 1 11/17/2009 City Council Title City Secretary Cynthia Singleton will administer the Oath of Office to Mayor for a Day City of Colleyville Page 1 Printed on 11/9/2009 RESOLUTION R-09-3164 A RESOLUTION APPROVING COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 17, 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, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor ~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Presentation and Discussion Version: 1 Agenda Date: 11/17/2009 Requester: Office of the City Agenda No.: 4 Secretary File Name: Announcements and Presentations -November 17, 200 Status: Presentation and Discussion Controlling Body: City Council Final Action: Attachments: Proclamation Recognizing Bennett Deshotels, Mayor for the Day.pdf Proclamation Recognizing Colleyville Middle School Day, November 17, 2009.pdf History of Legislative File Version: Date: Acting Body: Action Text: 1 11/17!2009 City Council Title Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamations Recognizing Bennett Deshotels, Mayor for the Day -Mayor David Kelly Recognizing Colleyville Middle School Day, November 17, 2009 -Bennett Deshotels, Mayor for the Day City of Colleyville Page 1 Printed on 11/13/2009 rocC~r~~tion Colleyville, Texas WHEREAS: Bennett Deshotels submitted the winning essay in the 2009 City of Colleyville "Mayor for a Day" contest; and WHEREAS, it is important for youth to learn about and understand the role of local government; and WHEREAS, Bennett is twelve years old and attends seventh grade at Colleyville Middle School; and WHEREAS, Bennett's essay required research and thoughtful consideration of the challenges for the City that he would address as Mayor, such as scheduling more City events to increase economic standing, sponsoring a novel writing contest through the library, and scheduling a family day off of work so everyone can spend time with their families; and WHEREAS, Bennett Deshotels exemplifies outstanding citizenry and a desire to contribute to his community. NOW, THEREFORE, I, DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, do hereby proclaim BENNETT DESHOTELS as Mayor for a Day in the City of Colleyville, and encourage citizens to recognize the abilities and desires of today's youth to become leaders in their community. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 17th day of November 2009. Mayor G~~ of hxa. rocian~~tior~ Colleyville, Texas WHEREAS: Colleyville Middle School is part of the Grapevine-Colleyville Independent School District; and WHEREAS, Colleyville Middle School opened in 1975 and the district became known as the Grapevine-Colleyville Independent School District at that time; and WHEREAS, Colleyville Middle School serves the educational needs of sixth, seventh, and eighth graders with an average enrollment of approximately 750 students; and WHEREAS, Colleyville Middle School has earned the Texas Education Agency ranking of Exemplary. NOW, THEREFORE, I, BENNETT DESHOTELS, MAYOR FOR A DAY AND DAVID KELLY, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and citizens of Colleyville, do hereby proclaim November 17, 2009, as COLLEYVILLE MIDDLE SCHOOL DAY and encourage our citizens and students to recognize and pay tribute to the value of education and our educators. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed this 17th day of November 2009. Bennett Deshotels, Mayor for a Day Mayor ~:~~~ <~~ n~x.,s RESOLUTION R-09-3165 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF NOVEMBER 17, 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 November 4, 2009 b. Approval of the minutes of the Joint City Council and Planning and Zoning Commission Worksession of October 27, 2009 c. Approval to purchase an Elgin Geo Vac street sweeper through the BuyBoard Local Government Cooperative Purchasing Program, in the amount of $197,527, funded through the Colleyville Tomorrow Fund, and authorizing the City Manager to execute the contract d. Approval of a Professional Services Agreement with GSBS Architects for the Public Works Service Center Study, in an amount not to exceed $31,000, funded through the Colleyville Tomorrow Fund, and authorizing the City Manager to execute the contract e. Approval of a contract for architectural design services with LBL Architects for the Colleyville Center renovation project, in an amount not to exceed $72,000, and authorizing the City Manager to execute the contract f. Approval to enter into an Interlocal Agreement with the cities of Bedford, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) consortium; and the City of Arlington, under authority of the Texas Government Code, to seek federal grant-funding as a consortium to replace existing public safety radio systems; and to enter into a contract with Holland and Knight LLP, a funding consultant, on behalf of NETCO, in the amount of $96,000, and authorizing the City Manager to execute the agreement Resolution R-09-3165 Page 2 of 2 g. Approval to purchase four Dodge police vehicles from McKinney Dodge, through a Cooperative Purchasing Program with the State of Texas, in an amount not to exceed $83,015, and related equipment to outfit the vehicles from Professional Safety Systems, in an amount not to exceed $51,735, and authorizing the City Manager to execute the documents 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 x '~=-a City of Colleyville .~ ' '~;~ City Council Minutes -Draft n~.:~, City Council City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Wednesday, November 4, 2009 CITY COUNCIL CHAMBERS PC-1 The Pre Council meeting of the Colleyville City Council was called to order by Mayor David Kelly on November 4, 2009, at 5:46 p.m. ROLL CALL: Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Tom Hart, Mike Taylor and Mayor Pro Tem Jon Ayers were present. Mayor David Kelly, City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Police Chief Tommy Ingram, Police Lieutenant Rodney Cunningham, Interim Fire Chief Russell Shelley, Public Works Director Steve Chutchian, Finance Director Terry Leake, Interim Community Development Director Ron Ruthven, Economic Development Director Marty Wieder, Parks and Recreation Director Monica Walsh, Library Director Mary Rodne, Human Resources Manager Elise Welborn, Accountant Karen Hines, Marketing and Communications Director Mona Gandy, Management Assistant Christine Loven, Network Administrator Chris Pena, City Attorney Matthew Boyle and City Secretary Cynthia Singleton were also present. Discussion on the Trinity River Authority (TRA) pass through water and sewer rate increase Finance Director Terry Leake provided information regarding the history of the Trinity River Authority (TRA) and the City's water and sewer rates and TRA's increased rates for water and sewer service. Ms. Leake further stated that due to the TRA increases, the current water and sewer rates do not meet the required debt coverage ratio of 1.20 or the debt coverage ratio needed for the recently approved Capital Improvement Program (CIP). For FY 2010, the projected debt coverage ratio is .49 and does not meet the 1.20 debt coverage ratio required by the bond covenants. When the debt coverage ratio is not met, the rating agencies can downgrade the ratings on existing revenue bonds and future bonds cannot be sold until the coverage ratio is met. In order to meet the required debt coverage ratio, a water rate adjustment of $0.25 per thousand and a sewer rate adjustment of $0.15 per thousand is needed. Ms. Leake stated a resolution will be on the November 17, 2009, City Council agenda for consideration of the pass through water rate increase of $.25 and the sewer rate increase of $.15 with an effective date of December 1, 2009. City of Colleyville Page 1 Printed on 11/13/2009 City Council City Council Minutes -Draft November 4, 2009 Discussion ensued regarding water conservation efforts, and water and sewer rates of surrounding cities and a tiered water rate structure. PC-2 Presentation and discussion of the Fiscal Year (FY) 2010 Work Plan Assistant City Manager Kelly Cooper provided a summary of the 2010 Work Plan. City Council requested a quarterly status report of the Work Plan. Police Chief Tommy Ingram provided information regarding plans for partnerships with other municipal agencies for shared services to eliminate redundancy and reduce operating costs and answered questions of the City Council. City Manager Jennifer Fadden stated an analysis will be conducted to determine the feasibility and financial impact of sharing services with other entities. PC-3 Presentation by ARTSNET President Cathy Hernandez Ms. Cathy Hernandez, President, ARTSNET, provided biographical information, an overview of granting strategies, plans to establish a grant panel and marketing plans for the promotion of local artists. PC-4 Discussion of the November 4, 2009, City Council regular agenda items Mayor Kelly stated the applicant, related to agenda item 5a, requested a continuance to the November 17, 2009 City Council meeting. City Manager Jennifer Fadden stated the applicant, related to agenda item 6d, is unable to attend the meeting this evening. Interim Community Development Director Ron Ruthven stated, regarding agenda item 6b, the traffic impact analysis of 907 trips per day includes the projected as well as the existing use. There being no further discussion, Mayor Kelly adjourned the Pre Council meeting at 6:52 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor David Kelly on November 4, 2009, at 6:52 p.m. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D City of Colleyville Page 2 Printed on 11/13/2009 City Council City Council Minutes -Draft November 4, 2009 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 - Rischon Development Corporation v. City of Colleyville Sec. 551.071 - Legal - Discussion of pending litigation - Barbara Andrews v. City of Colleyville Sec. 551.072 -Property -Deliberate the sale, exchange or value of real property -Water well sites Sec. 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay or expand within the City Mayor Kelly explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Property and Section 551.087, Economic Development. He further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:52 p.m. and reconvened at 7:31 p.m. INVOCATION: Pastor Ann Foster, Covenant Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-09-3160 This resolution was not needed. 3. ANNOUNCEMENTS AND PRESENTATIONS Councilmember Carol Wollin stated the Colleyville Garden Club will be adding gold to the City streets, gold color that is, in a project entitled "Streets of Gold"; This fall, the Colleyville Garden Club will partner with the Parks Department to plant 1,600 Carlton daffodil bulbs in public areas around Colleyville. Motorists will know they are entering Colleyville when they are greeted by the brillliant waves of cheery daffodils. The Garden Club will distribute daffodil bulbs to residents, City Council and staff and ask everyone to join in this endeavor to create "Streets of Gold" in Colleyville. City of Colleyville Page 3 Printed on 11/13/2009 City Council City Council Minutes -Draft November 4, 2009 4. 4a 4b Approval of the minutes of the regular City Council meeting of October 20, 2009 Approval of a donation of three Lyman Whitaker Wind Sculptures from the Colleyville Garden Club Mayor Kelly read Resolution R-09-3161 in its entirety. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Councilmember Wollin moved to approved Resolution R-09-3161. Councilmember Hall seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Councilmember Wollin stated the Colleyville Garden Club is dedicated to beautifying the community and proceeds from the 2008 and 2009 Garden Club Promenade Tours provided for the purchase and donation of two bronze sculptures of children gardening and three Lyman Whitaker wind sculptures to McPherson Park. Ms. Wollin provided information regarding the artist Lyman Whitaker and the timeline for installation of the sculptures. Mayor Kelly expressed appreciation to the Colleyville Garden Club for the donation of the sculptures. Mayor Kelly expressed appreciation to the Colleyville Garden Club for adding beauty to the streets of Colleyville. Mayor Kelly announced the City is updating the Parks Master Plan and invites citizen comments and suggestions to determine future recreation, open space conservation and park development opportunities. The public meeting will be held September 10, 2009, at the Colleyville Senior Center, 2512 Glade Road, with a meet and greet at 6:30 p.m. and the workshop at 7:00 p.m. CONSENT: READING AND PUBLIC HEARING -Resolution R-09-3161 City of Colleyville Page 4 Printed on 11/13/2009 City Council City Council Minutes -Draft November 4, 2009 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a 0-09-1733 Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406 John McCain Road, Case ZC09-012 Mayor Kelly moved to continue the second hearing of Ordinance 0-09-1733 to the November 17, 2009, City Council meeting. Mayor Pro Tem Ayers seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 5b 0-09-1734 Approval of amendments to Chapter 2-Definitions and Chapter 5-Tree Preservation of the Land Development Code Mayor Kelly read the caption of Ordinance 0-09-1734. Interim Community Development Director Ron Ruthven stated during the October 20, 2009 City Council meeting, staff reported protected trees that die within one year of new development require mitigation, but upon review of the existing ordinance and the proposed amendments, it has been determined there is no written requirement for such mitigation and that this requirement, in the past, was enforced as a matter of policy. Staff included the mitigation policy in the proposed ordinance. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the length of the tree warranty and type of protective fencing utilized for the critical root zone and tree trunk. Councilmember Wollin moved to approve Ordinance 0-09-1734, with the amendments to change the words drip line to critical root zone throughout the ordinance; change the one-year warranty to a three-year warranty in Section 5.10E Mitigation and Violations, and add the tree trunk shall be wrapped with orange vinyl construction fencing in Section 5.9 B2, Protective Fencing. City of Colleyville Page 5 Printed on 11/13/2009 City Council City Council Minutes -Draft November 4, 2009 Councilmember Taylor seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a 0-09-1735 Approval of an ordinance creating and establishing a Municipal Court of Record Mayor Kelly read the caption of Ordinance 0-09-1735. Finance Director Terry Leake provided an overview of a Municipal Court of Record and information regarding the conversion process to a Municipal Court of Record. Mayor Kelly opened the public hearing. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Police Chief Tommy Ingram provided information regarding the time, manpower and cost of service incurred by the City under the current appeal system and the advantages of converting to a Municipal Court of Record. Discussion ensued regarding expenses involved with conversion to a Municipal Court of Record. Finance Director Terry Leake stated the proposed date of implementation is January 1, 2010. 6b 0-09-1736 Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 and 6500 block of Colleyville Boulevard, Case ZC09-008 Mayor Kelly read the caption of Ordinance 0-09-1736. Interim Community Development Director Ron Ruthven provided an overview of the request for an amendment to the PUDC zoning and the development requirements, and stated staff recommends that all office uses listed in the Land Development Code be allowed to include any use in the CC2-Shopping Center district; that all parking meet the minimum City of Colleyville Page 6 Printed on 11/13/2009 City Council City Council Minutes -Draft November 4, 2009 requirements of the Land Development Code; that the hours of operation be limited from 7:00 a.m. to 8:00 p.m. for buildings that do not front on SH26; and retail uses be permitted for builidngs with frontage along SH26. Mr. Ruthven further stated the Planning and Zoning Commission recommended approval subject to the applicant constructing an eight foot masonary fence along the entire western property line adjacent to residential uses. Mayor Kelly opened the public hearing. Mr. Ray Collins, 2086 Bronco, Keller, Texas, applicant, provided information regarding the development plan and building design, tree mitigation and a landscape buffer. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Discussion ensued regarding the percentage of retail use in the development. Economic Development Director Marty Weider spoke regarding the building design and the impact on retail use. City Council requested the applicant confer with Economic Development Director Marty Wieder regarding building design elements to maximize retail sales. 6c 0-09-1737 Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 Mayor Kelly read the caption of Ordinance 0-09-1737. Community Development Director Ron Ruthven stated the Trinity River Authority (TRA) submitted an application for a Special Use Permit (SUP) to construct a water pump station and the request was approved by City Council on October 7, 2008; however, the building permit or certificate of occupancy was not issued within the required timeframe and the SUP became null and void. Trinity River Authority has submitted a new application for a SUP. Mayor Kelly opened the public hearing. Mr. Ron Tamada, Trinity River Authority, spoke regarding plans for construction of the water pumping station and answered questions of the City Council. City of Colleyville Page 7 Printed on 11/13/2009 City Council City Council Minutes -Draft November 4, 2009 There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. 6d 0-09-1738 Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 Mayor Kelly read the caption of Ordinance 0-09-1738. Interim Community Development Director Ron Ruthven provided information regarding the request for a Special Use Permit (SUP) for two attached carports, and stated the carports were constructed without a building permit in July 2009, and the SUP request is to allow the two existing carports to remain as constructed on the property. Mr. Ruthven reported staff recommends denial and the Planning and Zoning Commission recommended denial; therefore, the request can only be approved by a supermajority vote of the City Council. Mayor Kelly opened the public hearing. Mr. James Kniese, 6512 Ponderosa Lane, spoke in opposition to the proposed ordinance and regarding the impact of the carports on the property values and the commercial enterprise on the property and commended City Council for their service and support of the tree mitigation policy. Mr. Martin Boyles, 6505 Ponderosa Lane, spoke in support of the proposed ordinance. Mr. James Gordon, 6513 Ponderosa Lane, spoke in support of the proposed ordinance. Ms. Mimi Byerly, 7109 Pebble Hill Lane, spoke in opposition to the proposed ordinance and regarding the impact of the carports on property values. There were no others present wishing to speak concerning this item and Mayor Kelly closed the public hearing. Interim Community Development Director Ron Ruthven reviewed the Land Development Code standards for which the carports are not compliant. Discussion ensued regarding the carport construction timeline, the Land Development Code requirements for which the carports are deficient and the operation of a home-based business in violation of zoning laws. City of Colleyville Page 8 Printed on 11/13/2009 City Council City Council Minutes -Draft November 4, 2009 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a R-09-3162 Approval to support the American Recovery and Reinvestment Act (ARRA) of 2009 pursuing the Energy Efficiency and Conservation Block Grants (EECBG) Program for funding Mayor Kelly read Resolution R-09-3162 in its entirety. Public Works Director Steve Chutchian provided information regarding the Energy Efficiency and Conservation Block Grants (EECBG) Program, the application process and stated a list of potential projects will be presented to City Council in December 2009 for consideration. Mayor Kelly opened the public hearing. There was no one present wishing to speak regarding this item and Mayor Kelly closed the public hearing. Mayor Kelly moved to approved Resolution R-09-3162. Councilmember Hart seconded the motion. The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA There was no one present wishing to speak concerning this item. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 4, 2009 -Reading and Public Hearing -Resolution R-09-3163 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Councilmember Muhm moved to adjourn. Councilmember Hart seconded the motion. City of Colleyville Page 9 Printed on 11/13/2009 City Council City Council Minutes -Draft November 4, 2009 The motion carried by the following vote: Aye: 7 -David Kelly, Carol Wollin, Michael Muhm, Stan Hall, Jon Ayers, Tom Hart, Mike Taylor Mayor Kelly adjourned the meeting at 8:55 p.m. APPROVED BY A VOTE OF AYES, NAYS AND ABSTENTIONS ON THIS THE DAY OF 2009. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 10 Prinfed on 11/13/2009 ff G-- ~~ ~ City of Colleyville 100 Main Street [~Q (~ Colleyville, Texas 76034 Minutes -Draft 817.503.1000 '~'~~•~~ www.colleyville.com Joint City Council and Planning and Zoning Commission Tuesday, October 27, 2009 7:00 PM Executive Conference Room, 3rd floor The Joint City Council and Planning and Zoning Commission worksession was called to order by Mayor David Kelly on October 27, 2009, at 7:06 p.m. ROLL CALL: Councilmembers Carol Wollin, Stan Hall, Tom Hart, Mike Taylor and Mayor David Kelly; Planning and Zoning Commission Vice Chairman David Dudziak and Commissioners Michael Clardy, David Phelps, Scott Redfearn and Ron Rotthaus were present. City Manager Jennifer Fadden, Assistant City Manager Kelly Cooper, Economic Development Director Marty Wieder, Interim Community Development Director Ron Ruthven, Senior Project Engineer Jeremy Hutt, Community Development Intern Sarah Coplen, Communications and Marketing Director Mona Gandy and City Secretary Cynthia Singleton were also present. Councilmember Michael Muhm arrived at 7:30 p.m. Mayor Pro Tem Jon Ayers was absent. Planning and Zoning Commission Chairman Jeffrey Byerly and Commissioner Larry Knox were absent. 2. PRESENTATION AND DISCUSSION 2a Discussion and review of final design standards regarding the State Highway 26 (SH26) Redevelopment Study and Overlay District as recommended by Beeler Guest Owens Architects Economic Development Director Marty Wieder introduced Mr. Phil Morley of Beeler Guest Ownes Architects. Mr. Morley provided a review of the process and purpose of the Colleyville Boulevard Overlay District Study, recent economic development activity, the concept of adaptive use and reuse of the Albertsons and Kroger retail centers; the Colleyville Boulevard Overlay Objectives, additional recommendations to maximize the redevelopment of Colleyville Boulevard and future objectives. City of Colleyville Page 1 Printed on 11/13/2009 Joint City Council and Planning and Minutes -Draft October 27, 2009 Zoning Commission Mayor Kelly recessed the meeting at 8:32 p.m. and reconvened at 8:38 p.m. There was general discussion regarding the creation of an Architectural Review Committee, the expansion of the overlay corridor, building roof height, percentage of housing and retail, open space and sidewalk design guidelines, incentive measures, underground utilities and energy efficient standards. Economic Development Director introduced Mr. Jason Claunch of Catalyst Commercial, who is preparing a Comprehensive Merchandising Plan for the City. Mr. Claunch provided information regarding the future trends of retail development. It was determined that the SH26 Advisory Committee, focus groups and the Architectural Review Committee will be convened to provide comments and suggestions regarding the creation of a Colleyville Boulevard Overlay District. The information obtained from the committees and focus groups will be presented to the Planning and Zoning Commission and the City Council for review and development of design guidelines for the overlay district. 3. ADJOURNMENT Mayor Kelly expressed appreciation to Mr. Morley for the presentation and to the City Council and the Planning and Zoning Commission for their suggestions and comments regarding the Colleyville Boulevard Overlay District. There being no further discussion, Mayor Kelly adjourned the meeting at 9:40 p.m. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE AYES, NAYS AND DAY OF 2009. Minutes taken and prepared by: Cynthia Singleton, TRMC, CMC City Secretary City of Colleyville Page 2 Printed on 11/13/2009 ~~`='~, T._~.~ City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Public Works Department Agenda Date: 11/17/2009 Agenda No.: 5c Controlling Body: City Council Final Action: File Name: Approval to purchase an Elgin Geo Vac street sweeper through the BuyBoard Local Government Cooperative Purchasing program, in the amount of $197,527, funded through the Colleyville Tomorrow Fund, and authorizing the City Manager to execute the contract Attachments: Elgin Geo Vac BuyBoard Quote History of Legislative File Version: Date: Acting Body: Action Text: 11/17/2009 City Council Title Approval to purchase an Elgin Geo Vac street sweeper through the BuyBoard Local Government Cooperative Purchasing program, in the amount of $197,527, funded through the Colleyville Tomorrow Fund, and authorizing the City Manager to execute the contract Explanation Reading and Public Hearing As part of the Fiscal Year 2010 (FY 2010) Drainage Fund budget requests, the Public Works Department requested funding to purchase a new Elgin Geo Vac street sweeper. The existing sweeper has been utilized beyond its reasonable service life and is routinely out of service for costly repairs. The current street sweeper is eight years old and has over 4,000 hours on the engine. Maintenance cost and down time continues to increase on the existing sweeper. When fully operational, the sweeper is intended to perform routine street sweeping operations on all streets in the City over a two week period. This operation ensures that public streets remain free of silt and debris and it aids in the reduction of water pollution and safety of aquatic life in our tributaries. The sweeper is also utilized to sweep municipal parking lots after public events and restore areas affected by traffic accidents and other emergencies. Due to the slowing growth of new drainage fund customers, there is limited new revenue to be used to acquire the street sweeper from the drainage fund, therefore funding was designated from the Colleyville Tomorrow Fund. Purchase of the new Elgin Geo Vac street sweeper will provide the community with enhanced efficiency and quality of service that is expected of the current sweeping program. Subsequent to this purchase, the existing sweeper will be sold at auction. City of Colleyville Page 1 Printed on 11/13/2009 Agenda Briefing Continued Financial Impact By Resolution R-09-3151, City Council appropriated $197,527 in the Colleyville Tomorrow Fund for the purchase of this street sweeper. Recommendation Approval City of Colleyville Page 2 Printed on 11/13/2009 Kinloch Equipment & Supply, Inc. Regional Office 763 109` St. Arlington, TX 7601 1 Phone: 817-649-5900 Fax: 817-633-7239 Toll Free: 800-536-5902 04/24/09 City of Colleyville Jimmy Brock Enclosed is a quote for the Elgin GeoVac. This equipment is available through the cooperative purchasing programs known as Buyboard and HGAC. STANDARD FEATURES Fuel tank, 50 gallon (189 L), hopper rear door, in-cab controlled, hydraulic with hydraulic latch Hose, hydrant fill, 16'8" (5.1 m) with NST coupling Hose, washdown, 25' (7.6 m) with nozzle Lights side broom, rear clearance, rear identification Manuals, operator and parts Mirrors, West Coast type with convex inserts, one on each side Paint prior to assembly Pre-filter, hydrant fill hose Reflectors, rear Shutter door, pneumatic, (right-hand side), in-cab control Shutdown device, high temperature/low oil pressure, auxiliary engine Water tank, twin removable rust proof Alternator, 95 amp, Sweeper Anti-siphon, water fill Automatic pick-up in reverse, sweep components Auxiliary engine, John Deere 4045T, 4 cylinder turbocharged diesel Horsepower: 99 HP (74 kW) at 2500 RPM Displacement: 276 cu. in. (4.5 L) Torque: 291 Ib ft (395 Nm) at 1400 RPM Backup alarm, electric Blower, abrasion resistant steel w/rubber lined impeller housing Body trim package, aluminum side panels Broom, extension, prefab, disposable with in- cab down pressure Kinloch Equipment & Supply, Inc. Regional Office 763 109`x' St. Arlington, TX 7601 1 Phone: 817-649-5900 Fax: 817-633-7239 Toll Free: 800-536-5902 Broom, free floating trailing arm with inward Motion safety, with in- cab down pressure Control console, with gauge package and controls including tachometer, engine hour meter, oil pressure indicator, water temperature indicator and auto shutdown on high temperature, low engine oil pressure, fuel level, volt meter "E" Technology Sound Suppression system, including enclosed engine compartment and sound suppressing air flow, electrically operated gull wing engine access doors. Alternator, 95 amp, Sweeper Anti-siphon, water fill Automatic pick-up in reverse, sweep components Auxiliary engine, John Deere 4045T, 4 cylinder turbocharged diesel Horsepower: 99 HP (74 kV~ at 2500 RPM Displacement: 276 cu. in. (4.5 L) Torque: 291 Ib ft (395 Nm) at 1400 RPM Backup alarm, electric Blower, abrasion resistant steel w/rubber lined impeller housing Body trim package, aluminum side panels Broom, extension, prefab, disposable with in- cab down pressure Broom, free floating trailing arm with inward Motion safety, with in- cab down pressure Control console, with gauge package and controls including tachometer, engine hour meter, oil pressure indicator, water temperature indicator and auto shutdown on high temperature, low engine oil pressure, fuel level, volt meter "E" Technology Sound Suppression system, including enclosed engine compartment and sound suppressing air flow, electrically operated gull wing engine access doors. BASE PRICE GEOVAC DUAL $ 124,695.00 OPTIONS 09' Nissan UD 3300 chassis $ 87,250.00 Kinloch Equipment & Supply, Inc. Regional Office 763 109` St. Arlington, TX 76011 Phone: 817-649-5900 Fax: 817-633-7239 Toll Free: 800-536-5902 Mount To Chassis $ 2,090.00 Wandering Hose 4,560.00 Lifeliner Hopper System (Includes Warranty) 7,590.00 Rotating Beacon 160.00 Beacon Mount w/ Guard 145.00 High Pressure Washdown 3,300.00 Shipping 3,075.00 Total base Price w/ Options $ 232,895.00 Buyboard Discount 9,316.00 Manufacturer Discount 26,052.00 Total Sell Price $ 197,527.00 Includes training Thank you for your interest in our line of Elgin sweepers, if you have any additional questions please contact me. Best Regards, Russ Joiner 817-925-9874 rjoiner@kinlochequip.com ,~=~`'a City Hall ~~ ~ City of C o I I eyv i I I e Col ley OI Ie,aTexas 76034 °,,.,. Agenda Briefing 817.503.1000 www.col leyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Requester: Public Works Department Agenda Date: 11/17/2009 Agenda No.: 5d Controlling Body: City Council Final Action: File Name: Approval of a Professional Services Agreement with GSBS Architects, in an amount not to exceed $31,000, funded through the Colleyville Tomorrow Fund for the Public Works Service Center Study, and authorizing the City Manager to execute the agreement Attachments: Professional Service Agreement with GSBS Architects Project Timeline History of Legislative File Version: Date: Acting Body: Action Text: 11/17/2009 City Council Title Approval of a Professional Services Agreement with GSBS Architects, in an amount not to exceed $31,000, funded through the Colleyville Tomorrow Fund for the Public Works Service Center Study, and authorizing the City Manager to execute the agreement Explanation Reading and Public Hearing In October 2009, City Council authorized the expenditure of funds from the Colleyville Tomorrow Fund for various municipal projects. The Public Works Service Center Study was included in the list of approved projects. City staff obtained two proposals for the study and GSBS Architects provided a proposal to conduct the study at a cost of $31,000. Public Works operations, equipment and staff have exceeded the capacity and functional capabilities of the existing facility. The Public Works Service Center building and yard was originally built in 1984 and designed for the size of the department at that time. Since then department responsibilities and staff have outgrown the existing facility. As this department is responsible for maintaining streets, drainage, fleet, water and sewer infrastructure, it is critical to enhance/enlarge this facility. Simple storage of vehicles, equipment and materials is a daily challenge. Currently there are 39 employees in the Public Works Department. The building restrooms are adequate for about 20 people and office space for crew leaders and supervisors is very crowded and must be shared. Due to the proximity of the vehicle and equipment maintenance shop, staff must endure engine exhaust fumes in the office area, which can cause health problems. The prevailing south winds bring dust and dirt into the shop and offices causing problems with office equipment and for those with allergies. Traffic flow and City of Colleyville Page 1 Printed on 11/13/2009 Agenda Briefing Continued limited equipment parking in the yard is a daily hazard. As a result, a study is necessary in order to evaluate the future needs of the Public Works Service Center and the potential for Parks equipment and operations to integrate into this location. The proposed study will focus on the following components: 1. Evaluation of the existing Public Work Center site, including a structural assessment of the existing building 2. Site master plan and preliminary engineering analysis, with emphasis on grading, drainage and necessary property acquisition 3. Facility concept design that will include three-dimensional modeling of proposed Public Works and Parks buildings within the site 4. Preliminary design and construction cost estimates and analysis of the long-term function of the municipal complex. Financial Impact By Resolution R-09-3151, City Council appropriated $45,000 in the Colleyville Tomorrow Fund for this study. GSBS Architects' quote of $31,000 for the study, allows an anticipated expenditure savings of $14,000. Recommendation Approval City of Colleyville Page 2 Printed on 11/13/2009 GSBS~~ ARCHITECTURE LANDSCAPE ARCHITECTURE INTERIOR DESIGN PLANNING ARCHITECT 5 October 21, 2009 Steven Chutchian City of Colleyville 100 Main Street Colleyville, TX 76034 Re: Public Works Masterplanning and Concept Design Dear Steven, GSBS is excited by the prospect of working with you, your public works staff, and the City of Colleyville. We believe a great city like Colleyville can truly benefit from a high-quality, forward-thinking public works facility. Our objective is to provide Coileyville with such a facility that will function and operate according to your needs for years to come, As you requested after our interview, we have prepared the following proposal for your review and consideration for professional services as described below. We have divided the scope of work for the project into four separate tasks. They are as follows: Existing Facility Review and Programming - This phase will include a comprehensive review of your existing buildings, site, and equipment. Additionally, we will focus on understanding Colleyville Public Works and Parks, how you operate on a daily basis, and what your needs are for the future. • Site Masterplan and Preliminary Engineering -After our comprehensive review of facilities and operations, we will begin development of the site masterplan. Documentation will cover development of the entire site as currently shown with consideration for additional property acquisition as desired. Concept engineering of drainage and grading will be performed. Design of the masterplan will concentrate on integrating new or renovated facilities with existing drainage and utilities while respecting surrounding properties. 375 WEST 200 SOUTH 7291 GLENVIEW DRIVE SALT LAKE CITY, UT 84101 FORT WORTH, TX 76180 P 801.521.8600 P 817,589.1722 F 801.521.7913 F 817.595.2916 www.gsbsarchitects.com • Facility Concept Design -Using an approved site masterplan, we will begin concept design of new or renovated buildings on the site. Use of three- dimensional modeling software will provide Public Works and Parks staff with documents and images intended to convey the vision for the facility and procure funding for the project. • Preliminary Sustainable Analysis - In conjunction with the concept design, a base analysis will be performed to review opportunities for sustainable design within the masterplan. As the project moves forward, the City and the project team will have a set of preliminary goals from which to begin work on the more detailed schematic design of the facility. Design charrette - As we mentioned in our interview, GSBS is available to accomplish these tasks as part of a charrette process involving Public Works, Parks and GSBS staff in an intensive, group-design effort. Based on the information and work required, we would recommend the charrette process involve two half-day workshops that would address facility review and programming on one day with site masterplanning and preliminary facility design at a later date. The design charrettes can be conducted at a location of your choosing. GSBS' facilities are also available for one or more of the charrette sessions. The charrette process is an option we make available should you feel it would produce successful results for you and your staff. GSBS does not charge additional services for this effort. The Services outlined above will contain the following: • Written Analysis Reports o Building report outlining strengths and weaknesses of existing facilities including code and accessibility issues o Site report outlining strengths and weaknesses of existing property development and building locations. o Structural report outlining any deficiencies or code violations of existing building structures. Structural report will be provided as needed based on proposed development concepts or suspicion of structural deficiencies, Fees for this report are listed below under "Additional Services". • Programming o Extensive interviews will be conducted with Public Works staff to understand daily operations, existing equipment inventories, and various strengths and deficiencies of the current facility. o Written Program based on interview process outlining present and future space needs. • Site Design o Concept Civil Engineering ^ Drainage Plan ^ Grading Plan o Site Development ^ Paving and Parking Areas ^ Building Locations and Footprint Areas • Auxiliary Structure Locations o Concept Landscape Design ^ Landscape Ordinance Review ^ Landscape Development Plan ^ Property Screening Recommendations • Concept Architectural Design and Documentation o Concept Site Plan o Concept Floor Plan o Exterior Three-Dimensional Renderings of Proposed Buildings and Site • Sustainable Design Strategies o Point Analysis of Concept Project Based on LEED NC v3.0 Standard o Written Report Outlining Sustainable Design Strategies, Potential Project Goals, and Potential Payback Periods of Proposed Systems. • Opinion of Probable Cost o General Cost Estimate for Site and Facility Development Based on the Completed Masterplan in Order to Establish an Initial Budget o Coordination with Budget Allocations for Land Acquisition and Self- Performed Work as Part of Development Services Not Included: • Documents for permitting or construction • Surveys • Geotechnical or materials testing • Environmental studies • Attendance at Planning and Zoning meetings • Platting Compensation: We propose to complete the work listed above for a lump sum fee of $30,000. The fee will be broken down into phases as follows: Existing Facility Review and Programming ................................................................................$7000 Site Masterplan and Preliminary Engineering ........................................................•..•..••..•..•..•$13,000 Facility Concept Design and Preliminary Sustainable Analysis ....................................$10,000 Additional Services: Structural Assessment of Existing Buildings ..............................................................•,..•.•..•,•••••$1000 Reimbursable Expenses: Reimbursable expenses include the following expenditures billable at actual cost plus ten percent (10%) for handling. These expenses are in addition to the stipulated sum for Basic Services. • Reproduction and printing costs for client review documents. • Courier or over-night delivery • Travel expenses (mileage) Project Schedule: As mutually agreed by all parties. Ownership of Documents: All reports, plans, specifications, field data and notes and other documents, including all documents on electronic media, prepared by GSBS or its contracted consultants shall remain the property of GSBS and/or its consultants. Indemnification: GSBS is further indemnified from errors and latent defects in existing structures and systems of which we were not made aware during the design phase of the project or were not detected during a visual survey. Information from the Owner or Contractor concerning new and existing systems, structures, operating capacities, capabilities and problems will be assumed to be correct. No representation, express or implied and no warranty or guarantee, is included or intended in this Agreement, or in any report, opinion, document, or otherwise. Limits of Professional Liability: Within all legal limits, the Client agrees to limit the liability of the architect, and it's officers, shareholders, and employees, for negligent acts, errors, omissions or breaches arising out of the performance of these services under this agreement, to the total fee amount under this proposal regardless of number of claims of the number of parties prosecuting against GSBS. Payment Terms: Invoicing will be monthly based on the percentage of work completed through the end of the month. Payment is due within 30 days of invoice statement date. Non- payment within the 30 days may result in suspension of the work described above. Steven, thank you for this opportunity and we look forward to working with you now and for many years to come. Sincerely, Thomas E. ate Principal, G BS AIA, LEED aPTM Accepted by: Date ~ ~ .. ................. ............... .... ... ....... . .. .......J . ..... ... ... .... _..... ... ____.. _... _. __._.. .. .. 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V N _ T ~ ~+ m ~ w E 8 d w d' ~ ~ t ~ _ ^ o _ b ~i C v Z, ~ ~ ~ = w ? ~ c o c U f N C~ a ~ ~ LL w o g c ~ p '° a f o K E `o pp ~ ~ ~ K ~ c c ~ ~ m ] p d w ~ f m 00 ~ 'y g m p m xp ^ p; G ~ w d K C ~ ~ ~O U r d m d y a ~ 2 d$ ~ ~ W ~p, V n d ~ C LL ~ ~ yy LL$! f$ N ^F ~ w ~q pg~ C 2 ~ ~ i $m w N Z '~ g ~ ~ r°~ y $ 3 3 w e ' €€ 6 o u 3 ~ LL C m y c~ _& ~ o~ gg 8 a ~ o ~ c4 z 9 S w ~ n d ~ v m LL t rg ~~ 'E ~" o ~ (i~ L°_I ~r7 l".J ~r1 lal art L°1 (~ L".1 ~r1 1P1 ~1 L°I R1 LJ ~ ir1 L"1 ir1 ©° ©° L"I 1~7 L"i ©° ~7 I_I ~° R1 ~r1 1_°7 L"1 art LI ©" at y ^ ~ N ca v in to n aD rn ° ~ .- .^~- ~ ~ ~ .- ~ m N N N N r N N o~ '~~^ ~ as sv ~ _ City Hall ('"~ "" ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r..,;~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: Version: 1 Requester: Colleyville Center File Type: Resolution Agenda Date: 11/17/2009 Agenda No.: 5e Status: Consent Agenda Controlling Body: City Council Final Action: File Name: Approval of a contract for architectural design services with LBL Architects, Inc. for the Colleyville Center renovation project, in an amount not to exceed $72,000, and authorizing the City Manager to execute the contract Attachments: LBL Architects contract History of Legislative File Version: Date: Acting Body: Action Text: 1 11/17/2009 City Council Title Approval of a contract for architectural design services with LBL Architects, Inc. for the Colleyville Center renovation project, in an amount not to exceed $72,000, and authorizing the City Manager to execute the contract Explanation Reading and Public Hearing On September 1, 2009, City Council concurred with a scope of enhancements and renovation of the Colleyville Center with costs estimated at $920,325, which included an architectural design plan estimated to cost $70,000. Several funding sources were identified to finance the total renovation project including: • Balance of the Fiscal Year 2008 (FY 2008) expansion study ($79,000) • Interest income from Colleyville Economic Development Corporation (CEDC) bonds ($127,700) • Intrafund loan ($661,325) from the Colleyville Tomorrow Fund to CEDC operation budget with an annual repayment of $165,332 over afour-year period (FY 2011 - FY 2014). City Council approved the Colleyville Tomorrow Fund loan with CECD repayment as a partial funding source at the October 7, 2009 City Council meeting by Resolution R-09-3151, allowing staff to move forward with securing a design firm. With City Council approval, LBL Architects will develop the proposed architectural design plan to include the following: • Provide architectural services including mechanical and electrical engineering and City of Colleyville Page 1 Printed on 11/13/2009 Agenda Briefing Continued Auto CAD drawings • Work with staff to review proposed interior palettes, color boards, schematics and hard-line drawings. • Provide design development for audio/visual system, acoustics and lighting enhancements including all supporting electrical upgrades • Provide a project schedule with milestone decision dates identified to keep the project on tract for a July 2010 renovation period • Prepare probable cost estimates • Prepare detailed construction documents and specifications, which will allow the City to receive bids from individual trades • Assist in bid review and cost appropriateness of scope of work defined • Construction observation and inspection services offered on an "as needed" basis. Basic services include eight (8) interim site visits, one final inspection and one warranty walk-through visit. LBL Architects, Inc. will present a final design plan for City Council review and approval by February 2010. A preliminary timeline for the project is as follows: 1) Approval of Contract -November 17, 2009 2) Initiate Design programming -November 18, 2009 3) Review and Update of project by City Council -January 2010 4) Final Design and Bid Documents submitted by LBL Architects, Inc. -February 2010 5) City Engineering to Bid Project -March 2010 6) Award Contract -April 2010 7) Ordering and Staging of products and materials -April -June 2010 8) Closure of Center for renovation -July 1 -August 7, 2010 9) Completion of Project -August 2010 The City Attorney and City Engineering Department have reviewed this contract. Financial Impact Cost of the design plan is $72,000. It is proposed the architectural design services contract be paid from the $79,000 balance in the original FY 2008 feasibility study allocation. Recommendation Approval City of Colleyville Page 2 Printed on 11/13/2009 ~~,~P/1, =='~~= Document B105T'" - 2007 Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project AGREEMENT made as of the Seventeenth day of November in the year Two Thousand Nine (In words, indicate day, month and year.) BETWEEN the Owner: (Name, address and ocher informativn) This document has important legal consequences. Consultation City of Colle v~ with an attorney 100 Main Street is encouraged with respect to Colleyville, Texas 76034 its completion or modification. 817-503-1110 Phone 817-503-1124 Fax State or local law may impose requirements on contracts for and the Architect: home improvements. If this (Name, address and other information) document will be used for Work ' on the Owner s residence, the LBL Architects, Inc. Owner should consult local 1106 W. Randol Mill Road authorities or an attorney to verify Suite 300 requirements applicable to this Agreement. Arlineton, Texas 76012 817-265-1510 Phone 817-265-1582 Fax for the following Project: (Name, location and detailed description) Colleyville Center -Interior Up rades 5301 River Walk Drive Colleyville, Texas 76034 The Owner and Architect agree as follows. AIA Document B105TM - 2007 (formerly 8155TH - 1993). Copyright ©7993 and 2007 by The American Institute of Architects. All rights reserved. WARNING: Init. This AIA Documeni is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AtA' Document, 1 or any portion of it, may result in severe civil ar;d criminal penalties, and wilt be prosecuted to the maximum extent possible under the law. This / document was produced by AIA software at 10:58:59 on 10/26/2009 under Order No.1000380632 1 which expires on 12/6/2009, and is not for resale. User Notes: - (3813662008) ARTICLE 1 ARCHITECT'S RESPONSIBILITIES The Architect shall provide architectural services for the Project as described in this Agreement in a manner consistent with locally accepted standards for professional skill and care. The Architect shall assist the Owner in determining consulting services required for the Project. The Architect's services include the following consulting services, if any: Refer to Exhibit "A" dated 10-22-09. During the Design Phase, the Architect shall review the Owner's scope of work, budget and schedule and reach an understanding with the Owner of the Project requirements. Based on the approved Project requirements, the Architect shall develop a design. Upon the Owner's approval of the design, the Architect shall prepare Construction Documents indicating requirements for construction of the Project and shall coordinate its services with any consulting services the Owner provides. The Architect shall assist the Owner in filing documents required for the approval of governmental authorities, in obtaining proposals and in awarding contracts for construction. During the Construction Phase, the Architect shall act as the Owner's representative and provide adnunistra[ion of the Contract between the Owner and Contractor. The extent of the Architect's authority and responsibility during construction is described in AIA Document AlOST'"-2007, Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project. Generally, the Architect's services during construction include interpreting the Contract Documents, reviewing the Contractor's stfbn>ittals, visiting the site, reviewing and certifying payments, and rejecting nonconforming Work. ARTICLE 2 OWNER'S RESPONSIBILITIES The Owner shall provide full information about the objectives, schedule, constraints and existing conditions of the Project, and shall establish a budget that includes reasonable contingencies and meets the Project requirements. The Owner shall provide decisions and furnish required information as expeditiously as necessary for the orderly progress of the Project. The Architect shall be entitled to rely on the accuracy and completeness of the Owner's information. The Owner shall furnish consulting services not provided by the Architect, but required for the Project, such as surveying, which shall include property boundaries, topography, utilities, and wetlands information; geotechnical engineering; and environmental testing services. The Owner shall employ a Contractor, experienced in the type of Project to be constructed, to perform the construction Work and to provide price information. ARTICLE 3 USE OF DOCUMENTS Drawings, specifications and other documents prepared by the Architect are instruments of the Architect's service and are for the Owner's use solely with respect to this Project. The Architect shall retain all common law, statutory and other reserved rights, including the copyright. Upon completion of the Project or termination of this Agreement, the Owner's right to use the instruments of service shall cease. When transmitting copyright-protected information for use on the Project, the transmitting party represents that it is either the copyright owner of the information, or has pernussion from the copyright owner to transmit the information for its use on the Project. ARTICLE 4 TERMINATION, SUSPENSION OR ABANDONMENT In the event of termination, suspension or abandonment of the Project by the Owner, the Architect shall be compensated for services performed. The Owner's failure to make payments in accordance with this Agreement shall be considered substantial nonperformance and sufficient cause for the Architect to suspend or terminate services. Either the Architect or the Owner may terminate this Agreement after giving no less than seven days' written notice if the Project is suspended for more than 90 days, or if the other party substantially fails to perform in accordance with the terms of this Agreement. ARTICLE 5 MISCELLANEOUS PROVISIONS This Agreement shall be governed by the law of the place where the Project is located. Terms in this Agreement shall have the same meaning as those in AIA Document A105-2007, Standard Form of Agreement Between Owner and Contractor for a Residential or Small Commercial Project. Neither party to this Agreement shall assign the contract as a whole without written consent of the other. Nothing contained in this Agreement shall create a contractual relationship with, or a cause of action in favor of, a third party against either the Owner or the Architect. AIA Document B105TM - 2007 (formerly 8155TH -1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved. W ARMING: Init. This AIA'r Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIAe Document. 2 or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent passible under the law. This document was produced by AIA software at 7 0:58:59 on 10/2612009 under Order No.1000380632 1 which expires on 12/6/2009, and is not for resale. User Notes: - (3813662008) The Architect and Architect's consultants shall have no responsibility for the identification, discovery, presence, handling, removal or disposal of, or exposure of persons to, hazardous materials in any form at the Project site. ARTICLE 6 PAYMENTS AND COMPENSATION TO THE ARCHITECT The Architect's Compensation shall be: Fixed Fee of Seventy-Two Thousand Dollars ($72,000.00). The Owner shall pay the Architect an initial payment of Zero Dollars ($ 0.00 ) as a minimum payment under this Agreement. The initial payment shall be credited to the final invoice. The Owner shall reimburse the Architect for any additional expenses incurred in the interest of the Project, plus 4 }:ten percent ( 10% ), as stated in Exhibit "A" Compensation 4. Payments are due and payable upon receipt of the Architect's monthly invoice. Amounts unpaid forty-five (45 ) days after the invoice date shall bear interest from the date payment is due at the rate of five percent (5%) per annum , or in the absence thereof, at the legal rate prevailing at the principal place of business of the Architect. At the request of the Owner, the Architect shall provide services not included in Article 1 for additional compensation. Such services may include providing or coordinating services of consultants not identified in Article 1; revisions due to changes in the scope, quality or budget; evaluating changes in the Work and Contractors' requests for substitutions of materials or systems; and services not completed within f--twelve ( 12 )months of the date of this Agreement through no fault of the Architect. ARTICLE 7 OTHER PROVISIONS (Insert descriptions of other services and modifications to the terms of this Agreement.) Detailed Services are described in attached Exhibit "A" dated 10-22-09. This Agreement entered into as of the day and year first written above. OWNER ARCHIT T (Signature) (Signature) Tom McCarty, AIA -Vice President (Printed name and title) (Printed name and title) Init. AIA Docuament 8105TH - 2007 (formerly 6155TH -1993). Copyright ©1993 and 2007 by The American Institute of Architects. All rights reserved .WARNING: This AIA Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, 3 or any portion of it, may result in severe civil and criminal penalties, and will he prosecuted to the maximum extent possible under the law. This / document was produced by AIA software at 10:58:59 on 10/26/2009 under Order No.1000380632_1 which expires on 12/6/2009, and is not for resale. User Notes: (3813662008) Certification of Document's Authenticity AIA® Document D401 TM - 2003 I, Tom McCarty, hereby certify, to the best of my knowledge, information and belief, that I created the attached final document simultaneously with this certification at 10:58:59 on 10/26/2009 under Order No. 1000380632_1 from AIA Contract Documents software and that in preparing the attached final document I made no changes to the original text of AIA Document B lOST"' - 2007 -Standard Form of Agreement Between Owner and Architect for a Residential or Small Commercial Project, as published by the AIA in its software, other than changes shown in the attached final document by underscoring added text and striking over deleted text. (Signed) f r'c~ ~' r (Title) ld~Z~~o9 (Dated) AIA Document D401 T" - 2003. Copyright ©1992 and 2003 by The American Institute of Architects. All rights reserved. WARNING: This AIAID Document is protected by U.S. Copyright Law and International Treaties. Unauthorized reproduction or distribution of this AIA Document, or any portion of it, may result in severe civil and criminal penalties, and will be prosecuted to the maximum extent possible under the law. This document was produced by AIA software at 10:58:59 on 10/26/2009 under Order No.1000380632_1 which expires on 1216/2009, and is not for resale. User Notes: (3813662008) ARCHITECTS EXHIBIT "A" November 17, 2009 Ms. Lin Przybyl Colleyville Center Manager 5301 River walk Drive Colleyville, Texas 76034 RE: Proposal for Architectural & Interior Design Services Colleyville Center Interior Upgrades Dear Ms. Przybyl: LBL Architects is pleased to submit the following proposal for your consideration. GENERAL INFORMATION 1. LBL Architects shall work with Colleyville Center Manager and a small group of selected City staff to research, propose, and select new material finishes for the interior public areas of the existing Center. Generally, all floors, walls and ceilings will be replaced with new low-maintenance but durable materials to update the appearance of the Center to a more contemporary palette. LBL shall also investigate and propose improvements to the AudioNisual System(s), Lighting and Acoustics in the Main Room, Grand Hall and Meeting Room. 2. It is our understand that the City prefers to competitively bid this project out to a single General Contractor in order to have a single source responsibility in coordinating the subcontractors' work in a timely and efficient manner. 3. LBL shall prepare drawings, color boards and other supporting documents in order to present the final design to a 14-person committee approximately twice, and possibly City Council. 4. The following specific items were identified on the preliminary walk-through on 09-24-09, with the understanding that some requests may change slightly during the course of the project. A. Assembly Hall (4500 sf): Replace flooring, ceilings, wall finishes and repaint. Lighting to be improved. Audio system to be improved. Video projection system, possibly a backlit unit installed. Stage curtains possibly replaced. Kitchen pass-through to be concealed when not in use. Add acoustical control features. B. Gallery (1200 sf): Replace flooring, replace/repaint walls and ceilings, lighting to be improved. Create sink/wet bar location at one of the existing Electric Water Cooler Alcoves. Address acoustical considerations. C. Meeting Room (900 sf): Replace flooring, wall finishes and ceiling. Design audio/visual system for room. D. Service Corridor (500 sf): Repaint walls, upgrade cabinets and countertops, replace doors, add wall protection as necessary. E. Serving Toilet (200 sf): Possibly re-work room to be less institutional and serve more as a "Brides Room". F. Public Toilets (500 sf): Complete renovate Women's and Men's Toilets to a more contemporary look. 1106 4V. Randol Mill Road, Suite 300, Arlington, Texas 76012 - Phcne: 81'?-265-1510 -Fax: 817-265-1582 www.lblarchitects.com G. Office (120 sf}: Select new finishes. H. Parlor (120 sf): Propose alternative finishes which would complement new interior look of building. 5. Initial Construction Cost Budget shall be $720,000 (9000 sf x $80/sf = $720,000), with the Total Project Cost Budget being $900,000 at the onset. The Budgets shall be adjusted accordingly as the project moves forward, with increases being approved by the City in writing. BASIC SERVICES 1. Provide normal architectural services including normal mechanical/electrical engineering in accordance with the AIA Standard Form of Agreement between Owner and Architect 8105 - 2007 or a mutually agreed upon City contract form. 2. LBL shall meet with staff as needed to review proposed materials and limits of work. This work may be done with "loose lay" material selection palettes and freehand (schematic) drawings. Once loose lay palette is selected, color boards and hard-line drawings shall be created. 3. LBL shall prepare Design Development AutoCAD color "flat" elevations and plans depicting new materials and colors. Audio /Visual system design, lighting upgrades, and electrical upgrades to support A!V system and new lighting shall be included at Design Development level. 4. LBL shall prepare a preliminary project schedule with milestone decision dates identified in order to keep the project "on track" for a July 2010 renovation period. Final date for completed plans and bid documents submitted to City no later than February 15, 2010. 5. LBL shall prepare Probable Cost Opinions at the onset of the project, after the loose lay palette and schematic drawings are complete and before the construction documents and specifications are finalized. 6. LBL shall prepare detailed Construction Documents and Specifications in order far the City to receive bids from General Contractors. 7. LBL shall assist the city in reviewing bids received and determining if the cost is appropriate for the scope of work defined. 8. Construction Observation and Inspection services shall be on "As Needed" basis when contacted by the City. Basic services include a total eight interim site visits, one final inspection, and one warranty walk-thru visit. 9. AutoCAD drawings of the existing floor plans shall be created for the use on this project and shall be based on the Record Drawings provided by the City. 10. At completion of the project, the Architect shall provide AutoCAD files to the Owner of the Construction Documents without the Architect's seal. The Owner shall be able to use these AutoCAD files for future projects. ADDITIONAL SERVICES 1. Mechanical/Electrical engineering other than modifying existing systems within the remodeled area. 2. Structural Engineering if required. 3. Furniture and Artwork selection. 2 of 3 4. Information Technologies planning and design of security, data, phone, and TV, other than providing the empty conduit system. 5. Detailed measurements of the existing building and spaces. PROVIDED BY OWNER 1. Complete set of Record Drawings of the area to be remodeled including Architectural, Mechanical and Electrical drawings. 2. Asbestos survey and abatement, if necessary. 4. HVAC system testing, adjusting and balancing, if the system is modified with this project. 5. Information regarding the City's architectural, mechanical and electrical design and construction standards. COMPENSATION 1. Compensation for Basic Services to be Seventy-Two Thousand Dollars ($72,000.00). 2. Additional services of the Architect, if authorized in writing in advance, will be performed at the following hourly rates: Principal Architect $115 Project Manager 85 Project Coordinator 65 CAD Draftsman 50 Clerical 45 3. Additional services of the Architect's consultants, if authorized in advance in writing, will be invoiced at a multiple of one and one-tenth (1.10) times the amount billed to the Architect for such services. 4. Reimbursable expenses are the costs of printing, plotting, long-distance communication, courier services, travel expenses, and similar costs, and these shall be reimbursed to the Architect at a multiple of one and one-tenth (1.10) times the amount invoiced to the Architect. Mileage wi{I be reimbursed at the current federal "per mile" rate. Reimbursables related to Basic Services are estimated not to exceed $7,200.00. We are excited with the opportunity to work for the City of Colleyville, please contact me with any questions regarding this proposal. Sincerely Tom McCarty, AIA Vice President P586 Proposal for Architectural & Interior Design Services_71-17-09.doc 3of3 _, ,,, City of Colleyville 100 Main Street z ~ Colleyville, Texas 76034 °~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Resolution Status: Consent Agenda Version: 1 Agenda Date: 11/17/2009 Controlling Body: City Council Requester: Police Department Agenda No.: 5f Final Action: File Name: Approval to enter into an Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine, all members of the Northeast Trunk Radio System known as NETCO, and the City of Arlington Attachments: Interlocal Agreement History of Legislative File Version: Date: Acting Body: Action Text: 1 11/17/2009 City Council Title Approval to enter into a Interlocal Agreement with the cities of Bedford, Euless, Keller, Southlake, Grapevine; all members of the Northeast Trunked Radio System (NETCO) consortium, and the City of Arlington, under authority of the Texas Interlocal Cooperation Act, Chapter 791 of the Texas Government Code, to seek federal grant-funding as a consortium to replace existing public safety radio systems; and to enter into a contract with Holland and Knight LLP, a funding consultant, on behalf of NETCO in the amount of $96,000, and authorizing the City Manager to execute the agreement Explanation Reading and Public Hearing In 1994, the cities of Colleyville and Bedford entered into an Interlocal agreement partnership to purchase and operate a public safety radio system and offered memberships to other area agencies. At that time, Colleyville agreed to be the financial administrator and paymaster for the Northeast Trunked Radio consortium (NETCO.) Four other cities, Keller, Euless, Grapevine and Southlake later bought into the NETCO group. Colleyville pays the routine operational costs of the NETCO system and bills the individual member cities quarterly for one-sixth of those costs. The public safety radio system for NETCO is predicted to reach the end of its usable service life in 2013. At that time, the manufacturer of the system (Motorola) will discontinue support service of the radio system and equipment, which serves Colleyville and the five other neighboring cities' police, fire, emergency medical services, and public works departments. The current estimated cost to replace the NETCO radio system infrastructure is $15.6 million. The same situation exists for the City of Arlington's radio system. The member cities of NETCO and the City of Arlington propose to collectively seek federal City of Colleyville Page 1 Printed on 11/13/2009 Agenda Briefing Continued grant-funding to replace both the existing NETCO and Arlington trunked radio systems with one regional public safety radio system at a projected cost of $25.6 million. If such grant funding is obtained, the cities propose to form a new consortium to operate the public safety radio system as a regional public safety partnership. The attached interlocal agreement has been approved by the city attorneys of all six NETCO member cities and the City of Arlington. The agreement will allow the member cities of NETCO and the City of Arlington to establish a cooperative interlocal agreement under the authority granted by the Texas Interlocal Cooperation Act to seek funding for a new joint trunked radio system. The City of Colleyville is currently the paymaster for the NETCO system, and will continue to perform those duties under this proposed interlocal agreement. As paymaster under the agreement, the City of Colleyville will enter into a contract with Holland and Knight LLP, a Washington D.C. law firm, in an amount not to exceed $96,000, for consulting service assistance to seek federal funding for a new regional public safety radio system. The City of Colleyville will pay Holland and Knight LLP $24,000 quarterly and in turn, bill the other participating cities quarterly in the amount of $3,428.57 for the term of the contract. The contract includes an annual renewal clause should additional time be necessary to secure grant funding. Financial Impact Funds for the City of Colleyville portion of the contract are available in the interest earnings on the 1996 general obligation bonds sold for public safety. Recommendation Approval City of Colleyville Page 2 Printed on 11/13/2009 INTERLOCAL AGREEMENT BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE, KELLER, AND SOUTHLAKE (Northeast Tarrant County Radio Consortium - NETCO) AND CITY OF ARLINGTON, TEXAS THIS AGREEMENT is made this the day of ,2009, by and between the CITIES OF BEDFORD, COLLEYVILLE, EULESS, GRAPEVINE, KELLER, AND SOUTHLAKE, all being home-rule municipalities, all located, at least in part, in Tarrant County, Texas and members of the Northeast Tarrant County Radio Consortium (hereinafter collectively know as the "NETCO"), and the CITY of ARLINGTON, a Texas home-rule municipality (hereinafter known as "Arlington") WHEREAS, in July, 1994 the cities of Bedford and Colleyville entered into an interlocal agreement to construct and operate the initial 800 Mhz trunked radio system in Northeast Tarrant County and constructed The Trunked System with an antenna site located in Colleyville, with the intent of offering membership to other agencies; and WHEREAS, in November, 1994 the City of Keller adopted the interlocal agreement to become the third member of NETCO; and WHEREAS, in February, 1996 the City of Euless adopted the interlocal agreement to become the fourth member of NETCO; and WHEREAS, in March, 2000, the City of Grapevine adopted the interlocal agreement to become the fifth member of NETCO; and WHEREAS, in April 2003, the City of Southlake adopted the interlocal agreement to become the sixth member of NETCO; and WHEREAS, Arlington owns and operates an 800 MHz trunked radio system; WHEREAS, NETCO and Arlington support the concept of combining resources, including but not limited to licensed 700/800 MHz channels, public safety communications transmitter sites and network equipment, to construct a regional digital public safety radio system that meets the Project 25 operating standards (the "P25 System"); WHEREAS, accomplishing the P25 System undertaking will be a multi-year process requiring funding from federal, state and local sources; WHEREAS, expediting federal funding will provide NETCO and Arlington with access to the substantial resources needed to undertake planning and launch of the P25 System undertaking; and WHEREAS, Chapter 791 of the Texas Government Code provides for interlocal agreements for governmental functions such as contemplated by this Agreement, NOW, THEREFORE, upon the mutual covenants, conditions, and promises contained herein, NETCO and Arlington hereby agree as follows: Section 1 Interlocal Agreement 1.0 This Agreement is entered into and shall be construed pursuant to Chapter 791 of the Texas Government Code, the Texas Interlocal Cooperation Act. Section 2 System Formation and Implementation 2 2.0 Formation of the P25 System is a complex undertaking requiring detailed cooperation and coordination between NETCO and Arlington. Details of forming, governing and implementing the P25 System undertaking will be addressed in a separate inter-local agreement. Section 3 Federal Funding 3.0 NETCO and Arlington have engaged the law firm of Holland & Knight, LLP, (the "Firm") to provide legal services in support of reconfiguring their respective public safety radio systems. The Firm has substantial experience in obtaining federal funding to assist localities in implementing public works projects such as the PZS system. 3.1 NETCO and Arlington will engage the Firm for a period of one year, starting in October of 2009, to seek federal funding in support of the P25 System undertaking with an option to renew that engagement for future fiscal years. 3.2 The cost of the Firm's legal services shall be $96,000, to be paid over a one year period on a quarterly basis pursuant to a letter of engagement with the Firm. NETCO Members and Arlington shall divide the cost of the Firm's fees among themselves equally, each paying 1/7 of the Firm's fees. 3.3 The amount of federal funding sought shall be determined in collaboration with NETCO and Arlington, and shall be the maximum feasible based on the federal government's budget for the applicable fiscal year. Section 4 Addition of Jurisdictions 3 4.0 From time to time, other jurisdictions may wish to join the P25 undertaking, thereby promoting regional expansion of the public safety communication system. A governmental entity may join the P25 undertaking by executing an amendment to this agreement, with the understanding that if the volume of additional jurisdictions extends beyond the jurisdictions wholly located in Tarrant County, it will be necessary to increase the level of federal funding sought, and Holland & Knight's annual fees will therefore increase proportionately. For example, if the City of Fort Worth elects to join the P25 undertaking, Holland & Knight's annual fees will increase by $40,000. All members of the P25 undertaking, including those governmental entities subsequently joining the undertaking, will pay their equal share of Holland & Knight's annual fee. Any governmental entity that decides to join the P25 undertaking must, as a condition of membership, agree to pay its equal share of payments to Holland & Knight made from the inception of the P25 undertaking. Section 5 Disbursement of Funds 5.0 Funding received through the efforts of the Firm will be used SOLELY for the development, deployment, and support of the P25 system. 5.1 Nothing herein shall prevent NETCO and Arlington from agreeing to "pool" the funds acquired through this agreement for the procurement and construction of shared portion of the P25 system. In fact, priority shall be given to the development, deployment, and support of the shared portion of the P25 system with the funds acquired through the efforts of the Firm. 4 5.2 Funding received through the efforts of the Firm will be disbursed based on the number of radios with system 1Ds each signatory operates on their system. Funding received by any other means is not subject to this agreement. 5.3 For the purpose of the disbursement, the number of radios for each signatory shall be "frozen" at the number of radios on the date this document is effective. 5.4 Disbursements will be calculated on the percent of total radios each signatory owns and is subject to this agreement. As an example, if the City of Colleyville has 5.42% of the radios subject to this agreement, they would then be entitled to 5.42% of the funds acquired through this agreement. Section 6 Indemnity 6.0 To the extent allowed by law, NETCO and Arlington agrees to defend and hold harmless every other, its officials, agents, officers and employees in both their public and private capacities, from and against any and all claims, suits, demands, losses, damages, causes of action, and liability of every kind, including all expenses of litigation or settlement, including but not limited to court costs and attorney's fees, which may arise due to any death or injury to any person, or the loss of, damages to, or loss of use of any property arising out of or occurring as a consequence of the performance of this Agreement, whether such injuries, death, or damages are caused by the sole negligence or the joint negligence of any Member, its officials, agents, officers and employees. Section 7 Non-Waiver of Immunity 7.0 It is expressly understood and agreed that, in the execution of this Agreement, neither NETCO nor Arlington waives nor shall it be deemed to have waived, any immunity or defense that would otherwise be available to it against any claims arising in exercise of its governmental powers or functions. 7.1 In the event that any person, elected official, employee, or agent of either NETCO or Arlington, performing services pursuant to this Agreement be cited as a party to a state or federal civil lawsuit arising out of the performance of those services, that person, elected official, employee, or agent of NETCO or Arlington shall be entitled to the same defenses that he or she would be entitled to receive as if such civil action and arisen out of the performance of his or her duties as an employee NETCO or Arlington which appointed them or where he or she is regularly employed and in the regular jurisdiction of NETCO or Arlington by which that person is regularly employed. Section 8 Miscellaneous 8.0 NETCO and Arlington agree that if legal action is brought under this Agreement, exclusive venue shall lie in Tarrant County and the contract shall be governed by the laws of the State of Texas. 8.1 In case any one or more of the terms, sentences, paragraphs or provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or un-enforceability shall not affect any other term, sentence, paragraph or provision hereof, and this Agreement shall be construed as if such invalid, illegal or unenforceable provision and never been contained herein. 6 8.2 This Agreement may be amended or modified only by the mutual agreement of NETCO and Arlington hereto in writing, such amendment or modification being attached to and incorporated herein. 8.3 This Agreement may be signed in multiple counterparts and shall be binding on NETCO and Arlington hereto when duly authorized by the governing body of each Member and its duly authorized representative. 8.4 This Agreement contains all of the commitments and agreements of the NETCO and Arlington hereto. 8.5 All notices required to be given herein shall be directed to the Manager of the NETCO member involved and Arlington. 8.6 All payments and expenses made by any NETCO Member or Arlington hereto shall be made from the current revenues of the Member or Arlington. APPROVED BY THE CITY COUNCIL OF THE CITY OF BEDFORD, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: 7 By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF KELLER, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY APPROVED BY THE CITY COUNCIL OF THE CITY OF ARLINGTON, TEXAS: By: Date: APPROVED AS TO FORM: ATTEST: CITY ATTORNEY # 5825043_v 1 9 `~ ~" 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: 11/17/2009 Controlling Body: City Council Requester: Police Department Agenda No.: 5g Final Action: File Name: Approval to purchase four Dodge police vehicles from McKinney Dodge, through a Cooperative Purchasing Program with the State of Texas, in an amount not to exceed $83,015, and related equipment to outfit the vehicles, in an amount not to exceed $51,735, Attachments: History of Legislative File Version: Date: Acting Body: Action Text: 1 11/17/2009 City Council Title Approval to purchase four Dodge police Cooperative Purchasing Program with the $83,015, and related equipment to outfit th an amount not to exceed $51,735, and documents vehicles from McKinney Dodge, through a State of Texas, in an amount not to exceed e vehicles from Professional Safety Systems, in authorizing the City Manager to execute the Explanation Reading and Public Hearing The Colleyville Police Department will be replacing four police vehicles and equipment in Fiscal Year 2010 (FY 2010). Police patrol vehicles are normally replaced every third year due to the extensive use and high mileage they accrue. These four vehicles represent approximately one-third of the Police patrol fleet. After utilizing Dodge vehicles for the last two years, staff determined the Dodge Charger continues to be an excellent police vehicle. The Dodge vehicles are priced well below other police package vehicles and are more fuel efficient than other police models. Specifications for the four 2010 Dodge police vehicles have been submitted to McKinney Dodge, an approved state vendor through a Cooperative Purchasing Program with the State of Texas. McKinney Dodge provides the best prices and can provide the specified vehicles for delivery upon receipt of a purchase order. Related equipment to outfit the vehicles will be purchased and installed through Professional Safety Systems based on the competitive bid process. Utilizing these two vendors will result in savings of approximately $4,000 over the previous years' vehicle purchase. Financial Impact Funds in the amount of $134,751 for the police vehicles and associated equipment are City of Colleyville Page 1 Printed on 11/13/2009 Agenda Briefing Continued allocated in the Colleyville Crime Control and Prevention District Fiscal Year 2010 budget. Recommendation Approval Cify of Colleyville Page 2 Printed on 11/13/2009 .:~ +~r ~ City of Colleyville City Hall 100 Main Street Colleyville, Texas 76034 r.~_,~ Agenda Briefing 817.503.1000 v/ww. co l l e yv i l l e. co m File Number: 0-09-1733 File Number: 0-09-1733 File Type: Ordinance Status: First Reading Version: 1 Agenda Date: 11/17/2009 Controlling Body: City Council Requester: Community Agenda No.: 6a Final Action: Development Department File Name: Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406 John McCain Road, Case ZC09-012 Attachments: Applicant's Request to Table Letter to Table Request for the 11/3/2009 City Council meeting • Location and Zoning Map Notification List Zoning Exhibit Ordinance 0-09-1733 History of Legislative File Version: Date: Acting Body: Action Text: 09/14/2009 Planning and Zoning Commission 10/20/2009 City Council 11/04/2009 City Council 11/17/2009 City Council 12/01/2009 City Council Title Approval of a request for a zoning change from AG-Agricultural to R40-Single Family Residential on a 0.5 acre portion of Lot 2R, Block 1, Briar Creek Estates Addition located at 406 John McCain Road, Case ZC09-012 Explanation Update During the November 4, 2009, City Council meeting, City Council voted to continue this item to the November 17, 2009 City Council meeting. The applicant has notifed staff that they are not able to attend the Novemer 17, 2009 meeting as well and have requested that the item be continued to the December 1, 2009 City Council meeting. Second Reading and Public Hearing There were no speakers regarding this request at the October 20, 2009 meeting. City of Colleyville Page 1 Printed on 11/13/2009 Benda Briefing Continued (0-09-1733) The City Council requested that the applicant submit an exhibit illustrating the fire apparatus turnaround near the proposed house and how many fire trucks and ambulances could park next to the house in the event of a fire. To date, staff has not received an exhibit from the applicant. First Reading and Public Hearing James Lafferty submitted a request to rezone 0.5 acres of land located at 406 John McCain Road from AG-Agricultural to R40-Single Family Residential (40,000 square feet minimum). The applicant is seeking the zoning change in order to create access to an R40-Single Family Residential portion of his lot in the northeast corner so that the applicant can build a home. Existing Conditions. The subject property is currently platted as one lot. The property is currently developed as a single residential lot that contains an existing home. The current home, stable, and corral area on the property will remain. Lot Sizes. The applicant has submitted an exhibit illustrating the existing property boundaries. The R40-Single Family Residential zoning district requires a minimum lot area of 40,000 square feet, lot width of 150 feet and lot depth of 150 feet. Although irregular in shape, the proposed lot would meet the minimum lot requirements for an R40-Single Family Residential lot and the Land Development Code. Platting. Upon approval of the rezoning request, the subject property will be required to be replatted in order to create a new lot around the altered zoning boundary prior to the issuance of a building permit. Master Plan. The Colleyville Master Plan designates the future use of this area for single family residential type land uses. The proposed rezoning request is in conformance with the land use portion of the Master Plan. Surrounding Development Trends. The surrounding properties represent a small variety of zoning districts within the City. The properties to the north, west, and south are zoned AG-Agriculture and contain single family homes; the property to the east is zoned R40-Single Family Residential and contains a single family home. Public Notification. Staff mailed notices to 17 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 the request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the September 14, 2009 meeting by a vote of 4-3. Summary. The proposed zoning request is compliant with the Master Plan. The proposed lot meets the technical requirements of the Land Development Code as it pertains to flag lots. City of Colleyville Page 2 Printed on 11/9/2009 Agenda Briefing Continued (0-09-1733) Financial Impact It has been determined that there is no financial impact. Recommendation Approval City of Colleyville Page 3 Printed on 11/9/2009 Applicant's Request to Table From• Sent: Saturday, November 07, 2009 11:28 AM To: Ron Ruthven Cc: David Myers Subject: Re: Fire Turnaround diagrams from the Land Development Code Dear Ron, I apologize in advance for the informality of this request. I am at an international terminal preparing for departure right now. Due to city council's meeting schedule change from November 3rd, I am unable to represent our rezoning case until the December 1st city council meeting. My surveyor is unable to represent me at the November 17th meeting and is the only third party familiar with our case. Please request City Council table our case until December 1st if possible. If this request is denied, please try to inform me be Sunday, November 15th. Thank you again for your help. Jim Lafferty 406 John McCain Road Sent from my Verizon Wireless B1ackBerry James D. Lafferty 406 John McCain Road Colleyville, Texas 76034 Tel: (817) 845-3381 Em: jimlaffertyi@verizon.net October 27, 2009 Mr. Ron Ruthven City of Colleyville Interim Community Development Director Re: Ordinance 09-1733, Case #ZC09-012 Dear Mr. Ruthven: I am the applicant for the referenced re-zoning case. The second reading and public hearing was scheduled for November 3`d which I was planning to attend. As you know, the City Council recently moved the next council meeting to November 4th. I have a scheduling conflict with that date. Please accept this letter as a request to table the referenced case until the next council meeting. I look forward to your reply. Sincerely, Jim Lafferty Location and Zoning Map 3(34 7303 7 720 7208 72137 73f32 7301 7209 72QQ AG 72~ 72x7 AG 7zo4 7204 7205 R40 7202 7203 Site 7112 7200 7201 506 508 512. 7102 7103 304 4~6 ~ ~ ! ~~ ~ UD AG 500 ~ ~. 600 7100 710'3 0 AG loos 710 R20 ~~~ 505 70041 7{304 315 70x0 7101 Notification List OWNER_NAME OWNER_ADDR OWNER_CITY OWNER STATE OWNER _ZIP SITUS_ADDR Hightower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 000304 John McCain Rd Moose, Stephen & Brooke 7204 Pleasant Run Rd Colleyville TX 76034 007204 Pleasant Run Rd Trinity Ch Center Of Santa Ana 2442 Michelle Dr Tustin CA 92780 007200 Pleasant Run Rd Pagel, Cindy D 506 John McCain Rd Colleyville TX 76034 000506 John McCain Rd Brown, Clifford Etux Linda 508 John McCain Rd Colleyville TX 76034 000508 John McCain Rd Cucci, Steven C Etux Martha W 7201 Monticello Pkwy Colleyville TX 76034 007201 Monticello Pkwy Hightower, Sydney Mary Tr 3945 Fm 273 Bonham TX 75418 000304 John McCain Rd Miller, R Scott & Mary B 500 John McCain Rd Colleyville TX 76034 000500 John McCain Rd Scheffe, Scott A 7103 Monticello Pkwy Colleyville TX 76034 007103 Monticello Pkwy Rivera, Arsenio Jr Etux Resy 7101 Monticello Pkwy Colleyville TX 76034 007101 Monticello Pkwy Goodacre Ltd Prtnshp PO Box 1672 Colleyville TX 76034 007013 Westcoat Dr Goodacre Ltd Prtnshp PO Box 1672 Colleyville TX 76034 000000 Reverchon Ct Dyck, Harry A Etux Estha 7336 Normandy Rd Fort Worth TX 76112 000000 Westcoat Dr Wood, Jane Annette 315 John McCain Rd Colleyville TX 76034 000315 John McCain Rd Stringer, David W Etux Charla 401 John McCain Rd Colleyville TX 76034 000401 John McCain Rd Johnson, Jeff Etux Michele 405 John McCain Rd Colleyville TX 76034 000405 John McCain Rd James Lafferty, applicant 406 John McCain Rd. Colleyville TX 76034 applicant PH notices mailed on Thursday, Sept. 3, 2009 by Amy Shelley. Zoning Exhibit ~'~~ ~~ ~a ~ a ~ ~ ~ k ~ ~ ~ ~~ ~ ~ ~ ~ ~`~' 1 1 `; # tf ,. Wy~ bE ~~ ~ ~ ~~ ~~ ~ ~ ~ ~~ i~~ ~ ~ ~ ~ ~ s s x a~~ ~ a e~*a ~~, i f fr' i av ~~z GQ Z ~~ a °° ~ ~. ~~~~~ e ~i~~~ ~ .~.~R ~ ,~ _~ ~~~~ ~ .., tF "~ ~ I~ o ~ rt ~ ~ j{# ~~ ~ _ ~ E ~~ T ~ € 3 .J ~ ' ~~ I -.~b8 I '~ ~ ft-^8 QBtYOZ ~ , ... w ( t~ i ~ ?@ m, .,. t ~ 3 .: n i ~ - ~7- ~ _. c LRIiIi ~ F ,, ~ 4 v _ i _ .. ~ ON~ L`L~. ~ ~ ii o ' '~ -f_ r _ _ _, ,- e .' ~; 4L ~~~ ' ~ - . -~ - •- - a~ n 1r ~. ~ ~ ,~ orti ~.rasr,~rox _ ,,_.... ~ # ~ ~. ~a ~ ~ , X ~ e y i i < s ~ t~s ~~ g~ I ~ ., i r ~ : I ~ ~ ~ ~~ q+ J r ~ i It. t y ~Z ~ . _ ~... ~ ,,. ~_ ~ ~~ ~ __ ~----~.,~.~ ~8 € ,~ ~ ~ ~ `~ ~ d4V~a ~ ~$ i ~~.. <, ~, ~~, ~ ar ., _- 6, ZY 7 .: Fes', 3 _ _~° ~ ~, {;~, ,y T _ ~ ,' ._ ~' r ~~~ 1. - e ~ ~ ~~ e E .€ ~ n ~,~ r . ~ ~ ~ ~~ ' n < y,,,~ -~ '~ r e . . '+ 1!A ~ F ~ ,_ r ~ 3 \ ! fi ~, ~~ E~ ~~- t ^ `~~--_ _ e ~ _ ~ ~ ; I ~ .~ ,~ ~ o -- 4 ~.~ .., >..,. .~ ~ € ~ j ~Y P ~_ `~ t F ,' ~~, ~ r - _ i t ~ ~i' ~ ~ ~s_~ ~ ruw rNVSn a, i "' ~ ~ I ~~ 33.u. "_~ x 4 ~ `~ 0 ~ `~ o `` 1 E ~ ~ ~~~, -- ORDINANCE 0-09-1733 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 0.5 ACRES ON A PORTION OF LOT 2R, BLOCK 1, OF THE BRIAR CREEK ESTATES ADDITION FROM THE AG-AGRICULTURAL TO R40-SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case ZC09-012; 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; and 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 0-09-1733 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by changing the zoning of 0.5 acres portion of Lot 2R, Block 1, Briar Creek Estates Addition from the AG- Agricultural zoning district to the R40-Single Family Residential zoning district, as depicted in the attached Exhibit "A" labeled Location and Zoning Map and described in the attached Exhibit "B" labeled Metes and Bounds Description. Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 5. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 6. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 7. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. Ordinance 0-09-1733 Page 3 of 3 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 304 7303 7 7208 7208 7207 7302 7301 AG 72os AG 7200 AG 7200 7207 Site 7204 7265 R40 7202 7;03 799z 7200 7201 50fi 5f18 512 7102 7903 ~~ ~~ r PU R 304 , 406 ~ , ~ 500 ~~ ~ soo 790 71x1 PUD~ AG loos 7~0~ 405 505 7000 70Q4 315 7000 7101 Exhibit "B"- Metes and Bounds Description 11ELr3 ~TC?TE ~~~~~ F©~. THAT PtJRTTO~ tiF LtJT ~~. SITLTA.TED ~ zarmv~ :_~~„ ALL of that ces~an tract or parcel of iand situated in the N. E. CRGtUKS StJF~.~EY> ABSTRACT ~TQ. 24~ and the R B. ~4'ILI:IAMS SI.TRVE~', ABSTRACT NQ. 1f7~, Tarrant County, Texas anal being Lot 2R, Block 1, BRIAR CREEK ESTATES.,. an Addition. to the City of Colleyt-ille, Tarrant County, Texas as recorded in Cabinet A, Aide 1713 of the plat Records:, Tarrant County, Texas and being more particularly described by metes and bounds as fblloti~~s: BLGLtIP+TG at a 112.. inch steel rod found for the southeast corner cif said Lot 2R, being the southwest corner of Lot 1R of said Block 1, also being in the apparent northerly right-of u~a~v line of Jc-hn McCain Road (a ~ariahle width right-of-way);. THENCE North 39 degrees 55 minutes 17 seconds Wiest with said. northerly right-of-uray line,. 156.8b feet to a 1J°2 inch capped steel rod stamped "IvI+~AK SLJRV INC" set for the soutltuest corner of proposed Lot 2R2; THERiCE I~~orth t10 degrees ~ minutes ~3 seconds East departisrg said right-of--way and w~~ the westerly boundary line of said Lot 2R?, 60.04 feet to a ll? inch capped steel rod stamped "Fvlt)AK a[3R~ I~1C" set; THET`CE I\orth ~2 degrees (l~ rniuutes Q4 seconds East continuing with said ~`testerly boundary line, 16f1.43 feet to a L~ inch capped steel rod stamped "M(~AK SUR~~ INC" :set:; THEI'CE worth 01 degrees 59 muiute~ 2~ seconds West continuing With said westerly bounda~r line,. 37.47 feet to a 1.12 inch capped steel rod stamped "FvIt~AK SURGE ITC" set; THENCE ~torth 43 degrees 33 minutes 24 seconds V4'est continuing with said westerly boundary line., 62.64 feet to a 11? in~cli capped steel rod stanxped "I~lC7-AK SURGE ITC" sets. THENCE Forth 03 degrees. l~ minutes [}4 seconds East continuing with said westerly boundary line, 21q.~0 feet to a 1.~2 inch steel rod found for the northeast corner of said proposed Lot 2R1; THEIICE South 03 degrees 33 minutes '?~ seconds East, at 29.41 feet passing a 112 inch capped steel rod stamped "Mf?AK SURE' INC" ' found for the northwest corner of said Lot 1R and continuing ~,rith the westerly boundary line of said Lot lR. in all 272.4fl feet to a 1.,~2 inch capped steel rod. stanxped "MCAT SURV Il~C" found; THENCE South Ol degrees ~~ minutes 4 seconds East continuing a~rith said westerly boundary line,. 247.33 feet to the place of laeginning and containing D.56~5 acres of land, (24,33 s~. ft.) more or less. ,~~" r.•.c:; City of Colleyville Agenda Briefing File Number: 0-09-1735 City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 vrww.colleyville. com File Number: 0-09-1735 Version: 1 File Type: Ordinance Agenda Date: 11/17/2009 Requester: Finance Department Agenda No.: 6b Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of an ordinance creating and establishing a Municipal Court of Record Attachments: Ordinance 0-09-1735.pdf History of Legislative File Version: Date: Acting Body: Action Text: 11/04/2009 City Council 11/17/2009 City Council Title Approval of an ordinance creating and establishing a Municipal Court of Record Explanation Second Reading and Public Hearing No one spoke regarding this request at the November 4, 2009, City Council meeting. First Reading and Public Hearing Currently, Colleyville's municipal court is a non-court of record, which means any citation issued can be appealed to the Tarrant County District Court directly, without entering Colleyville's judicial system. When this occurs, Colleyville's municipal court receives no revenue for the appealed citation. If the defendant is found guilty at the Tarrant County District Court, Tarrant County receives all revenue related to that appealed citation. Recognizing the ongoing revenue loss to the City, at the July 21, 2009 Pre Council worksession, staff presented information regarding conversion to a Municipal Court of Record. Anon-court of record can become a court of record with the passage of an ordinance by the governing body per the Municipal Courts of Record Act of 1997. At the worksession, City Council directed staff to prepare an ordinance to create and establish a Municipal Court of Record. In Fiscal Year 2009, 5.1 % of all citations issued were appealed to Tarrant County District Court. Below is a table displaying the percentage of citations appealed to Tarrant County from Fiscal Year 2001 - 2009. City of Colleyville Page 1 Printed on 11/13/2009 Agenda Briefing Continued (0-09-1735) OF CITATIONS APPEALED FY 2001 - 2009 FISCAL CITATIONS CITATIONS % CITATIONS YEAR ISSUED APPEALED APPEALED 2001 8,152 154 1.9% 2002 8,597 125 1.5% 2003 8,446 211 2.5% 2004 7,715 353 4.6% 2005 7,263 251 3.5% 2006 11,624 398 3.4% 2007 11,218 683 6.1 2008 15,621 697 4.5% 2009 12,550 639 5.1 The primary increases in appeals to Tarrant County District Court are from recent legislative changes involving citations issued to commercial drivers license holders and disposition of their citations, and appeals coming from defendants who retain attorneys to handle their citations. Conversion to a court of record will minimize appeals to less than 20 per year. As governed by Chapter 30 of the Texas Government Code, municipal courts of record, are municipal courts that keep records of trial proceedings (typically electronically or by means of a court reporter). In municipal courts of record, appeals stem from preservation of error in the court record and transcript. Defendants who wish to appeal are not entitled to a new trial at a higher judicial level. Their trial will be based upon any information presented at the Colleyville municipal court's trial. Currently, a new trial can be held at a higher judicial level, if the case is heard in a non-court of record. Appeals from municipal courts of record are governed by Texas Rules of Appellate Procedure, and error must be preserved in municipal court to be considered on appeal from municipal court. Per both the municipal court judge and city prosecutor, the annual number of appeals which could be based upon error should be fewer than 20, and that would almost eliminate appeals going to Tarrant County District Court. Additionally, conversion to a municipal court of record, will provide additional revenue from citations as the city loses approximately $100 for every citation that is appealed to Tarrant County District Court. There are additional annual expenses involved with a municipal court of record for additional court dockets and jury trials such as fees for the municipal court judge and city prosecutor and translation expenses, when a bench or jury trial is held for a non-English speaking defendant. Another one-time expense is for a digital court recording system with an estimated cost of $6,000. These expenses were included in the FY 2010 Municipal Court budget. Below is a table displaying the annual projected net revenue increase of $49,360 from implementation of a municipal court of record. Estimated Net Revenue From Implementation of a Municipal Court of Record City of Colleyville Page 2 Printed on 11/13/2009 Agenda Briefing Continued (0-09-1735) Projected net revenue for Citations currently appealed (700 x $100) $ 70,000 Less Court Of Record Expenditures: Bench Trials (24 Additional Annually) Municipal Court Judge ($3,600) City Prosecutor ($10,080) Jury Trials (8 Additional Annually) Municipal Court Judge ($1,600) City Prosecutor ($3,360) Translator ($2,000) *Estimated Net Revenue $ 49,360 Financial Impact An annual net revenue increase of $49,360 is projected annually. For Fiscal Year 2010, a net revenue increase of $25,240 is included in the budget due to the partial year implementation and the purchase of the digital recording system. Recommendation Approval City of Colleyville Page 3 Printed on 11/13/2009 ORDINANCE 0-09-1735 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, CREATING AND ESTABLISHING A MUNICIPAL COURT OF RECORD; PROVIDING FOR A REGULAR MUNICIPAL JUDGE, ALTERNATE JUDGES, COURT MUNICIPAL COURT CLERK, AND ALTERNATE MUNICIPAL COURT CLERKS; PROVIDING FOR THE FILLING OF A VACANCY IN THE OFFICE OF MUNICIPAL COURT JUDGE AND MUNICIPAL COURT CLERK; PROVIDING FOR THE SETTING OF COURT SESSIONS; REQUIRING THE APPEARANCE OF ANY PERSON SUMMONED OF A STATE STATUTE, CITY ORDINANCE OR OTHER LAW OR REGULATION; AUTHORIZING THE MUNICIPAL COURT MUNICIPAL COURT CLERK TO FILE A COMPLAINT CHARGING ANY PERSON WHO FAILS TO APPEAR AS SUMMONED WITH THE OFFENSE OF FAILURE TO APPEAR; PROVIDING A PUNISHMENT NOT TO EXCEED THE SUM OF FIVE HUNDRED DOLLARS ($500.00) FOR A FAILURE TO APPEAR VIOLATION; PROVIDING FOR ASSESSMENT AND COLLECTION OF A WARRANT FEE OF FIFTY DOLLARS ($50.00) FOR THE ISSUANCE AND SERVICE OF A WARRANT OF ARREST WHEN A DEFENDANT FAILS TO APPEAR IN COURT; DESIGNATING THE FUNDS INTO WHICH WARRANT FEES ARE TO BE PAID; PROVIDING A REPEALER CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR ENGROSSMENT AND ENROLLMENT; AND PROVIDING AND DECLARING A COMMENCEMENT DATE WHEREAS, Texas Government Code Chapter 30, provides that a governing body of a municipality may by ordinance create a municipal court of record if the governing body determines that the creation of the court is necessary to provide a more efficient disposition of the cases arising in the municipality; and WHEREAS, the City Council of Colleyville, Texas hereby finds that the creation of a municipal court of record by this ordinance is necessary to provide a more efficient disposition of the cases arising in the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Municipal Court. A) Creation. There is hereby created and established a court designated as a "Municipal Court of Record No. 1" of the City of Colleyville, Texas (the "City"), with all such powers and duties are now, or may hereafter, be prescribed by the laws of the State and Ordinances of the City. B) Judge and Associate Judges. Ordinance 0-09-1735 Page 2 of 4 1) The City Council, by majority vote, shall by ordinance appoint a Texas Licensed Attorney to act as judge of the municipal court. The judge of the municipal court shall serve at the discretion of the City Council. Said initial appointee shall hold a term of office corresponding to the unexpired term of the mayor, and every two (2) years thereafter a municipal judge shall be appointed for a term of two (2) years. 2) The City Council may appoint one or more persons to sit for the regular judge of the municipal court or for the presiding judge or any of the associate judges of such court, while such judge or judges, any or all, are temporarily unable to act for any reason. Such appointee or appointees shall possess the same qualifications required of the regular municipal judge, and shall have all the powers and duties of such office. C) Municipal Court Clerk. A Municipal Court Clerk for the municipal court shall be appointed by the City Manager. The Municipal Court Clerk shall issue all the process and generally perform the duties of the clerk of a court as prescribed by law for a county clerk insofar as the same may be applicable. The Municipal Court Clerk shall keep the records of the municipal courts of record, issue process, and generally perform the duties that a clerk of a county court at law exercising criminal jurisdiction performs for that court. In addition, the Municipal Court Clerk shall maintain an index of all court judgments in the same manner as county clerks are required by law to prepare for criminal cases arising in county courts. The City Manager may appoint deputy Municipal Court Clerks, warrant officers, and other personnel as needed for the proper operation of the court. The Municipal Court Clerk and other court personnel perform their duties under the direction and control of the presiding judge. D) Vacancy. A vacancy in the office of judge of the municipal court or Municipal Court Clerk shall be filled for the unexpired term. E) Setting Time of Court Sessions. The judge of the municipal court shall have power to set the time for court sessions as the docket may require. Sec. 2. Failure to AppearNiolate Promise to Appear. A) Appearance Required. That any person summoned or ordered to appear in the municipal court to face and answer a charge brought against that person by the City for violation of a State statute, City ordinance or other law or regulation shall appear in the municipal court at the date and time specified in the summons or order. For Ordinance 0-09-1735 Page 3 of 4 purposes of this ordinance, the term "Person" shall mean any corporation, partnership, joint venture, individual or any other entity recognized in law. B) Complaint. In the event a person summoned or ordered to appear in municipal court as outlined in Section 2A of this ordinance fails to appear, the municipal court Municipal Court Clerk shall be authorized and empowered to file a complaint in municipal court charging that person with failure to appear/violate promise to appear as summoned or ordered. Sec. 3. Warrant Fees. That the following fees are hereby be imposed and collected by the municipal court in the following instances: A) Defendant Not Convicted of Misdemeanor. 1) Whenever a warrant of arrest is issued and served and the defendant made the subject of the warrant is not convicted in the Municipal Court of the violation for which the arrest warrant was issued, a fee not to exceed the sum of Fifty Dollars ($50.00) shall be imposed and collected by the City in the following instances. a) When a person fails to appear in accordance with Section 38.10, Texas Penal Code, as amended, and with chapter 543, Subchapter A, Texas Transportation Code; and b) In all other instances where there has been filed a complaint providing that there has been a violation of law or ordinance which imposes criminal penalties for violations thereof, provided that written notice of the issuance of an arrest warrant and imposition of the warrant fee has first been given to the offender. 2) The judge of the municipal court shall set the warrant fee authorized by this Section 3A in an amount not to exceed Fifty Dollars ($50.00). 3) The funds collected pursuant to this Section 3A shall be paid into the City treasury for the use and benefit of the City. Sec. 4. Savings, Repealer. This ordinance shall be cumulative of all other ordinances of the City affecting the City's municipal court and shall not repeal any of the provisions of those ordinances except in those instances where the provisions of those ordinances are in direct conflict with the provisions of this ordinance. Ordinance 0-09-1735 Page 4 of 4 Sec. 5. Severability. If any section, article, paragraph, sentence, clause, phrase, or word in this ordinance or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Sec. 6. Penalty for Failure to Appear Violation. It shall be unlawful for any person to violate. this ordinance, and any person found guilty of violating or failing to comply shall be fined, upon conviction, not more than Five Hundred Dollars ($500.00). Sec. 7. Commencement Date. The Municipal Court of Record No. 1 of the City of Colleyville, Texas, is created commencing January 1, 2010. 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 ~~~~' ~~~ City Hall ` ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r,,~ Agenda Briefing 817.503.1000 www.col leyville.com File Number: 0-09-1736 File Number: 0-09-1736 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 11/17/2009 Agenda No.: 6c Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 block of Colleyville Boulevard, Case ZC09-008 Attachments: Location and Zoning Map Notification List Statement of Planning Objectives Conceptual Site Plan Building Elevations Ordinance 0-00-1211 Ordinance 0-08-1675 • Ordinance 0-09-1736 History of Legislative File Version: Date: Acting Body: Action Text: 10/12/2009 Planning and Zoning Commission 11/04/2009 City Council 11/17/2009 City Council Title Approval of an amendment to the PUDC-Planned Unit Development Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 and 6500 block of Colleyville Boulevard, Case ZC09-008 Explanation Second Reading and Public Hearing There were no speakers, other than the applicant, regarding this request at the November 4, 2009 meeting. Based on discussion at the November 4, 2009 meeting, staff recommends the following changes to the draft ordinance: - For all buildings with frontage along SH26, 50% of the air-conditioned area of the ground floor shall contain uses that are eligible for State of Texas retail sales tax as defined by the State of Texas Comptroller of Public Accounts. - All buildings with frontage along SH26 are exempt from the building elevation requirements stated in the draft ordinance and shall, instead, be required to have a minimum design score of 30 as described in Chapter 6-Building Design in the Land City of Colleyville Page 1 Printed on 11/13/2009 Agenda Briefing Continued (0-09-1736) Development Code. Staff recommends these changes in order to bring new development and redevelopment within this PUDC with frontage along SH26 into compliance with recommendations of the The Colleyville Plan, which recommends retail uses. Additionally, the revised design standards will allow future development more flexibility with building design, particularly as it relates to two and three story design. First Reading and Public Hearing Homeyer Engineering, Inc, on behalf of CTL Properties, LP, has submitted a request to amend the zoning and development requirements of Ordinances 0-00-1211 and 0-08-1675 allowing for the PUDC-Planned Unit Development Commercial zoning district on approximately 8.8 acres, located at 6400, 6404, 6408, 6500 and 6508 Colleyville Boulevard. Existing Conditions. The subject properties are currently platted as four lots. The properties located at 6408 and 6500 Colleyville Boulevard are vacant. The property located at 6400 Colleyville Boulevard is developed as a sign and graphics shop and 6508 is currently developed as a general office building. Existing PUD Requirements. Ordinance 0-00-1211 was approved by City Council on April 4, 2000. This ordinance allows all commercial and office uses allowed in the CC1-Village Retail zoning district, one automobile service use, a day care center and a dry cleaner not to exceed 5,000 square feet in gross floor area. Of note, Ordinance 0-00-1211 also requires a continuous left-turn lane on SH26 adjacent to the development, which has since been constructed, and a 50 foot building line along the entire western property line. Ordinance 0-08-1675, approved on May 6, 2008, amended the tree preservation provisions of Ordinance 0-00-1211 by requiring on site tree preservation to meet the requirements of Chapter 5-Tree Preservation while exempting all trees located within utility or drainage easements. Staff has written the draft ordinance so as to repeal the previous two PUD ordinances for the property thereby resetting the zoning of the subject properties to the current PUDC-Planned Unit Development Commercial zoning request. Replat Requirement. Upon approval of this PUDC, the applicant will be required to replat the properties to reflect the addition of five new lots. Permitted Uses. The applicant requests that the permitted uses be for general and medical office uses. Staff recommends that all office uses listed in the Land Development Code be allowed with the following condition: Any building with frontage along SH26 also be allowed to contain any use allowed in the CC2-Shopping Center district. This provision has been added to the City of Colleyville Page 2 Printed on 11/10/2009 Agenda Briefing Continued (0-09-1736) draft ordinance. Proposed Development. The applicant proposes to add eight general/medical office buildings in addition to the existing two buildings. The buildings are proposed to be single story. Three of the buildings are proposed to contain medical office uses with a total square footage of 13,565 square feet. The other five buildings would contain general office uses with a total square footage of 27,515 square feet. Parking and Access. The applicant proposes to construct a 24 foot fire lane and access easement for the development which will provide access to the six buildings not fronting on SH26. According to the site plan, three driveways will access SH26. Any driveway approach along SH26 will require approval by the Texas Department of Transportation. The applicant intends to provide 183 parking spaces in addition to the existing 43 parking spaces for a total of 226 parking spaces. Although the parking meets the minimum requirements of the Land Development Code as proposed, given the mix of office types (general and medical office), staff recommends that all parking meet the minimum requirements of the Land Development Code to be determined by staff upon application of any building permits. These provisions have been added to the draft ordinance. Traffic Impact. The developer is not required to provide a Traffic Impact Analysis (TIA), since the development is not projected to generate in excess of 1,000 vehicle trips per day. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. According to The Institute of Transportation Engineers publication Trip Generation, 34,515 (27,515 s.f. proposed plus 10,550 s.f. existing) square feet of general office space would be expected to generate 419 trips per weekday, on average. Additionally, 13,565 square feet of medical office space would be expected to generate 488 trips per weekday, on average. Based on these averages, the proposed development would add approximately 907 vehicle trips per day to the surrounding roadways. Master Plan. The Colleyville Plan designates the subject properties for retail uses. As such the request is not enitrely consistent with the Plan. If this request is approved, the Future Land Use Plan will be required to be updated. Building Design. The applicant has not submitted any building elevations as part of the request but states that the office buildings will be similar to the office building located at 6508 Colleyville Boulevard on the subject property that was built by the applicant. This elevation has been added to the draft ordinance. Additionally, staff recommends that all new buildings meet a minimum design score of 30 as described in Chapter 6-Building Design in the Land Development Code. These provisions have been added to the draft ordinance. City of Colleyville Page 3 Printed on 11/10/2009 Agenda Briefing Continued (0-09-1736) Lighting. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. This provision has been added to the draft ordinance. Hours of Operation. Staff recommends that, for buildings that do not front on SH26, the hours of operation be limited from 7:00 a.m. to 8:00 p.m. This provision has been added to the draft ordinance. Open Space. The Land Development Code requires that the development provide a minimum of 20 percent open space. The proposed site plan for the development provides for 30 percent open space. Drainage and Stormwater Runoff. The developer has submitted a preliminary drainage analysis of the site, which has been reviewed and accepted by the City of Colleyville Engineering Department. Details of the proposed drainage system and storm water retention ponds will be submitted as part of the platting and building permit process. Sidewalks and Trails. According to the Land Development Code, based on the recommendations of the Supplemental Sidewalk System, a five (5) foot sidewalk is required to be constructed along SH26 adjacent to this development. All sidewalks must be installed and or improved when any new structures are built on the property. According to the conceptual site plan, four (4) foot sidewalks will be constructed along fire lanes and in front of all buildings proposed as part of the development. These provisions have been added to the draft ordinance. Fences, Walls and Screening. Prior to the issuance of a certificate of occupancy, the applicant proposes to construct a six (6) foot wood screening fence along the western boundary of the development where it is adjacent to residentially zoned properties. The Planning and Zoning Commission recommended an eight (8) masonry screening fence be built between residential and commercial properties. This provision has been added to the draft ordinance. Landscaping and Buffering. The applicant proposes to install a 15 foot landscape buffer consisting of forty-three (43) wax myrtles planted on 15 foot centers along the western boundary of the development adjacent to residentially zoned properties. The Land Development Code requires a minimum 20 foot landscape buffer with evergreen plants placed every six (6) feet and expected to grow to six (6) feet within two years. This provision has not been added to the draft ordinance. The applicant proposes to provide a 25 foot building setback along the entire western property line adjacent to the Kingston Addition, instead of the 50 foot building setback as proposed in Ordinance 0-00-1211. The 25 foot building setback complies with the Land Development Code. City of Colleyville Page 4 Printed on 11/10/2009 Agenda Briefing Continued (0-09-1736) This provision has been added to the draft ordinance. Tree Survey and Preservation. As required by Chapter 5-Tree Preservation of the Land Development Code, approval of a tree survey and mitigation plan will be required upon submittal of a building permit for any new structure. According to Ordinance 0-08-1675, trees located within drainage and utility easements are exempt. This provision has been carried over to the draft ordinance. On March 25, 2008, the Planning and Zoning Commission granted a waiver request to the applicant for tree mitigation requirements found in Chapter 5-Tree Preservation in the Land Development. The applicant was required to mitigate for 402 inches and was granted a waiver to only mitigate for 266 inches. He has since planted 45 inches of trees on the subject properties and is, therefore, required to mitigate for the remaining 221 inches. The requirements of the waiver have been added to the draft ordinance. Surrounding Properties. The surrounding properties consist of a variety of land uses. The properties to the west are zoned R20-Single Family Residential and contain single family residences. Properties to the north are zoned ML-Light Industrial and contain heavy commercial uses. The properties to the east are zoned ML-Light Industrial and CN-Neighborhood Commercial and contain self-storage and office/warehouse uses. The property to the south is zoned AG-Agricultural and contains a single family residence. Public Notification. Staff mailed notices to 20 adjacent property owners regarding this request. A 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 October 12, 2009 meeting by a vote of 7-0 subject to the applicant constructing an eight (8) foot masonry fence along the entire western property line adjacent to residential uses. This stipulation has been added to the draft ordinance. Summary. Given the proposed general and medical office uses, the proposed zoning amendment is not completely consistent with the Future Land Use Plan, which designates the entire area proposed for this development as retail. However, staff does recommend that retail uses be permitted for buildings with frontage along SH26. Financial Impact It has been determined that there is no financial impact. Recommendation Approval, with the conditions stated within the draft ordinance. City of Colleyville Page 5 Printed on 11/10/2009 Location and Zoning Map f . ~~~ .-~ _- ~ ;, ~ s ~~29~ ~ c611 ~ ~- ~ f /`~~ ~-ED ; I 14 21 ~ 1~ - - .. ~ ~°ti ~t~ . c~ rv- C-~;f ,? ~r;~il rfreitr~t'r~ ~ ~ - - ~~ ~`` ~~ P~ 1504 1512 1516 I Y 1 `ter` ~ ~' /' n 5,15 ~.~:10 ~~ ~, 1'01 6517 E751 b 6517 / 651:; 6513 651 ~ 6513 ~ ~. ~ ~~ 6506 - .. ~- ~~~ 6509 6508 6500 qua-c r; 6505 6504 6505 SU k}j2Ct 6500 E...11 6501 6 0 6501 _~ p ,- 4 1 j / ~ 1;41I1~ - ~~ lE~~~ ~$ 6417 6416 6417 64Ua - _- ~~" ~~` 6413 6412 6413 5~41~ i-.4 0 LI ~~ I~'JDLIS~RU°~L E~LVC1 6400 640S 6409 ~ _ ~ ~ ~- f +";4117 6405 6404 6405 f1F ~~_ _ ff 1 IO'~ ~ Oi~1 ' BCI~t f' 6401 6400 E401 /"lti..Ji Q7`~ f~F 64!17 6312 -~ ,: 6309 6308 6309 ~. _ ,, ~ --~ v ~L~~^ ~_ 6jL15 6304 6.305 ~ r'-- -- " - -. _..-_ c,~~-- _ f 6301. 6300 6301 f, _ ''~'~ i ~~ -- , Notification List Owner Name Owner Address Owner City Owner State Owner Zip Situs Address McCain, Norma 1516 McCain Ln Colleyville TX 76034 1516 MCCAIN LN Tres Rosas Ltd 6516 Colle ville Blvd Colle ville TX 76034 6526 COLLEYVILLE BLVD Davidson, C W 63 N Dulcet Hollow Cir The Woodlands TX 77382 6515 COLLEYVILLE BLVD Bowden, James David 6516 Colle ville Blvd Colle ville TX 76034 6516 COLLEYVILLE BLVD Garrett, Kenneth Etux Wanda 6517 Kin ston Colle ville TX 76034 6517 KINGSTON DR Davidson, C W 63 N Dulcet Hollow Cir The Woodlands TX 77382 6513 COLLEYVILLE BLVD Bearden, Dale 1902 Palencia Ct Arlington TX 76006 6513 KINGSTON DR America's Stora a 6310 Lemmon Ave Ste 222 Dallas TX 75209 6511 COLLEYVILLE BLVD America's Storage 6310 Lemmon Ave Ste 222 Dallas TX 75209 6509 COLLEYVILLE BLVD Dimitrov, Lachezar P 6509 Kin ston Colle ville TX 76034 6509 KINGSTON DR Sims, Rex A Etux Debra 6505 Kingston Colle ville TX 76034 6505 KINGSTON DR Boulevard Animal Hospital Pc 6413 Colle ille Blvd Colle ville TX 76034 6413 COLLEYVILLE BLVD Pullen, Timothy B 6501 Kingston Colle ville TX 76034 6501 KINGSTON DR In ram, Beverl 212 Stratford Ct Hurst TX 76054 6409 COLLEYVILLE BLVD Yanes, James 6417 Kingston Colleyville TX 76034 6417 KINGSTON DR Cannada , John W Etux Ma E 6413 Kin ston Colle ville TX 76034 6413 KINGSTON DR Shafipour, Foad Mark 1009 Turnberry Ln Southlake TX 76092 6407 COLLEYVILLE BLVD Davis, Connie Jo 6409 Kin ston Colle ville TX 76034 6409 KINGSTON DR Lam, Conner 1280 Post Oak Trl Southlake TX 76092 6312 COLLEYVILLE BLVD Bittick, Edward D Etux C nthia 6405 Kin ston Colle ville TX 76034 6405 KINGSTON DR Yard Art Inc 3250 Story Rd W Ste 108 Irving TX 75038 6407 COLLEYVILLE BLVD # C Courtne ,Dori 6401 Kin ston Colle ville TX 76034 6401 KINGSTON DR Homeyer Engineering Inc. P.O. Box 294527 Lewisville TX 75029 applicant Public hearing notices mailed on Thursday, October 1, 2009 by Amy Shelley. tatement of Planning Objectives Ms. Amy Shelley City of Colleyville 100 Main Street. Colleyville, Texas 7fi034 June 11, 2009 RE: Statement of Planning Objectives Winding Creek Addition Dear Ms. Shelley: Homeyer Engineering, Inc. (HEI}, on behalf of CTL Properties, LP, is submitting a zone change application to modify the existing PUD-C zoning classification:. The current zoning identifies four (4} commercial :lots with oft`ice uses. The proposed zone change. request subdivides these. four (4} existing lots into eight (8} commercial lots. In order to .subdivide the subject property, HEI has also submitted a final plat and the associated construction drawings to provide for the required infrastructure to develop these lots in accordance with the City of Colleyville's development regulations. If you have any questions regarding the content of this submittal, please feel free to contact me of 972-906-8985 or shomeyer at7homeyer-engineering.com. Sincerely, HOMEYER EN INEERING, INC. Ste en R. Homey , P.E. President xc: Lanny Wilkinson, CTL Properties, LP Ray Collins, Merach Development Project file ~~C~~ ENGINEI=RING,INC.. CIVIL ENGINEEFtING•PiATTING SfTE ~.-LAND PLANN'iNG P.Q. BOX-2B4~27 ~ LEW15VtLLE,TX?502J 9~71t$ y 6N3 't~ma N~ U Conceptual Site Plan ______ _ _ ____.~e .~ .:- .~ - .. {~. ~,~ .. ~ ~ -- _..~ _ _ ~~~. .._. I I d g~ ~. ~ m ~~~ ~ ~~~ ~ ~~ R rr ,I~. ~.A ~ t~ A T6 N ~k+ \ N ~ cave,. ~, ~ ~ ~Y~~n3. i ~ , ~~ - _ ~i' ~~» ,t ,~ 8 q~ ro `~'~rt a~ s.. .d _ ~~" ~,~. ~''' , ~ t.. ~.~~~ i ~: ~ E ~' : ,~~ ~{ 6,~, '~ ~~j: ~ ~. ~ ~ ~ ~,`. "~, h ~ \ .. a ~ ~ ._ ~.~ `= - ~ ~ ~ ~ ~~ "~~ - ~ . ~~~ °`' ~. r ir`~~ ~ ~1 ~ T ~ ~~ ~~ ~Y..A_ ¢1 ~~ i X ~~ i 3~- i ~ s 5 r:~, ~, d.Y~¢Q~ h ~ ~i ~~ ,~~ ,• ~ °,~ ~1 ,~ ;,~ , ~. ~~ ' ~~ ~.~`,, ~3~ . f<. ~~ _~~ K Y °~ x G d c~a a r-+ + Building Elevations xea~,r G W b L "w r~ 1 ORDINANCE 0-00-1211 AN ORDINANCE AMENDING THE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF APPROXIMATELY 8.789 ACRES OUT OF THE A.J. LOTT SURVEY, A-963, TRACTS 2M AND 2N, AND LOT 1, BLOCK 1, HAYNIE ADDITION, FROM THE AG (AGRICULTURE), CC1 (VILLAGE RETAIL) AND ML (LIGHT MANUFACTURING) DISTRICTS TO THE PUD-C (PLANNED UNIT DEVELOPMENT-COMMERCIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning change was filed by Lanny Wilkinson on January 28, 2000, under Case No. Z-00-012; 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 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 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 (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 AG (Agriculture), CC1 (Village Retail) and ML (Light Manufacturing) districts to the PUD-C (Planned Unit Development-Commercial) district together with all site plans which are conceptual in nature, supporting documents, Ordinance 0-00-1211 Page 2 of 5 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 subject to the following conditions: 1. GENERAL The purpose of this PUD-C is for the development of retail and services type uses. 2. PERMITTED USES a. All commercial and office uses allowed in the CC1 Village Retail zoning district b. One automobile service use located on the north 150 feet of the property c. One day care center d. One dry cleaner not exceeding 5,000 s.f. in gross floor area 3 SETBACKS. OPEN SPACE 8c SCREENING a. A rear building line of 50 feet shall be provided along this property's western common property line with the Kingston Addition. b. Open space and lot coverage shall be in accordance with the CC1 district regulations. A minimum of twenty-five percent (25%) open space shall be provided on each lot. A minimum of thirty percent (30%) open space shall be provided for the entire development. c. The property shall be landscaped in accordance with the landscaping standards contained in the Zoning Ordinance at the time a building permit is requested. 4. TREE PRESERVATION a. A minimum of 1,500 caliper-inches of existing trees shall be preserved in-place on the property. Tree preservation shat{ be in general accordance with the Tree Preservation Plan attached as Exhibit D. b. Compliance with these tree preservation provisions shall be reviewed upon the submittal of a site plan. Ordinance 0-00-1211 Page3of5 c. Trees located in a dedicated utility or drainage easement shall not be subject to preservation or mitigation requirements. An exemption shall not be granted for trees located under a building pad site. 5. ROADWAYS AND DRIVE APPROACHES a. A continuous left turn lane shall be constructed on Colleyville Boulevard along the entire frontage of the property. The turn lane shall be completed and accepted by the Texas Department of Transportation prior to the issuance of a certificate of occupancy for any structure within this PUD-C. b. Three (3) drive approaches shall be allowed on Colleyville Boulevard to provide access to the property. The drive approaches shall be spaced a minimum of one hundred fifty feet (150') apart, centerline to centerline. The driveway throat width shall not exceed thirty-five feet (35'). Deceleration lanes shall be provided. 6. OTHER a. All buildings shall be designed to meet the minimum architectural design standards of the CC1 -Village Retail district, as contained in Section 24.17 of the Zoning Ordinance. b. The dry cleaner plant with pickup station shall be restricted to the most southeast lot in the development. c. The building elevations for the day care center shall be generally consistent with the building elevation attached as Exhibit E. d. The site plan for any structure located on proposed Lot 4 on the preliminary plat shall be approved by the City Council. The site plan shall be approved prior to the issuance of a building permit for any structure on proposed Lot 4. e. For all buildings constructed on the most northeast lot between the creek and Colleyville Boulevard, one hundred percent (100%) of the exterior wall surfaces shall be constructed of brick or natural stone. The requirement shall apply to all wall surfaces, less the area of window and door openings. The requirement shall not apply to decorative trim or roof trim areas. f. Structures for automobile service uses shall be oriented in such a manner that the bay doors or garage doors do not Ordinance 0-00-1211 Page 4 of 5 face Colleyville Boulevard. The walls containing bay or garage door openings shall be within fifteen degrees (15°) of perpendicular to the right-of--way line of Colleyville Boulevard. g. Not more than three (3) vehicles shall be parked overnight at an automobile service use. h. A wrought-iron fence shall be installed along the north property line on the most northeast lot between the creek and Colleyville Boulevard. Red tip Photinia shrubs shall be planted on six- (6) foot centers adjacent to the wrought-iron fence. The size of plant materials shall comply with the requirements of the landscaping regulations. i. The servicing of vehicles outside of a building shall be prohibited. j. The storage of materials in parking and landscaped areas, including landscaped islands, shall be prohibited. k. The improvement and landscaping of the creek area and its realignment shall be completed and accepted by the City prior to the issuance of a certificate of occupancy for any structure on the property. 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. T e firs reading and public hearing being conducted on the 2/ '=~ day of r ~ , 2000. T e se and reading and public hearing being conducted on the ~ day of 2000. Ordinance 0-00-1211 Page 5 of 5 ATTEST: A'iVS.t~ Jea Harris, TRMC, CMC City Secretary CITY OF COLLEYVILLE: Donna Arp Mayor APP VEDA TO FORM AND LEGALITY: Ross ~ . F ter City Attorney a~~e i ~ ^ ~ +1. al ~' ' ; ail a ~~96 ~ 1'~~~ ~ ~'~~ K K # IC a aMr .. a~~ •~, SUB ~ ~ . u w o . ~ 6~S ~~C~ n ~~ ~ Ia 11 N M t) 11 t1 ` ~ ^t~ 1 1.1 1 ~ jZ~ . • u . / 1. ~~ ~ , j ass-~is~ • ' ~. A~ . ~ . .-= .iw.e.W, arse '~ 1 / ,., M 1. " r . .1 ~ 1 ~ nl ~o ~ 1'1}' o ~~ A ig / ST .-~.-/ E ;~ ~ air --- ~iK, --- ~ ~ ~~~ as 1~K - ~~ • 1*i~e a a.~e ~" • ~. P~ - =~_ 1 s M ~ ~ - - - 1.17. A AQ ~ ~ ~ r ~ ~ E ~ , ~~ Exhibit A -Zoning Map Pro„perty Description Being a tract of land out of the H. Hughes Survey, Abstract No: 963, Tarrant County, Texas and being the same tract of land as described in deed recorded in Volume 7935, Page 1697, Deed Records, Tarrant County, Texas and in Volume 9031, Page 1352, Deed Records, Tarrant County, Texas and being Lot 1, Block 1 of Haynie Addition as described in deed recorded in Volume 388-164, Page 100, Deed Records, Tarrant County, Texas and being described as follows Beginning at an '/z- inch iron pin found in the West right of way line of Colleyville Road (SH 26) for the Southeast corner of tract being described, said point being the Northeast corner of the Conner Lam tract, a 3.18 acre tract of land as described in deed recorded in Volume 7225, Page 1257, Deed Records, Tarrant County, Texas; Thence South 86 degrees 28 minutes 47 seconds West 410.19 feet along North property line of said Conner Lam tract to a 518 inch iron pin set for corner; Thence North 00 degrees 04 minutes 14 seconds East 474.87 feet along West boundary of the Kingston Addition as described in deed recorded in Volume 388-32, Page 71, Deed Records, Tarrant County, Texas to a 5/8 inch iron pin set for corner; Thence North 00 degrees 59 minutes 09 seconds East 176.67 feet along the West boundary of the Kingston Addition as described in deed recorded in Volume 388-32, Page 71, Deed Records, Tarrant County, Texas to a'/z -inch iron pin found for corner; Thence North 87 degrees 41 minutes 35 seconds East 775.11 feet along South boundary of the James David Bowden tract as described in deed recorded in Volume 11970, Page 1677, Deed Records, Tarrant County, Texas to a 5/8 inch iron pin set for corner; Thence South 29 degrees 16 minutes 50 seconds West 753.85 feet to '/Z inch iron pin set and continuing to the point of beginning and containing 382867.790 square feet or 8.789 acres or land, more or less. Exhibit B -Metes and Bounds Description ,o° _h • 2 ~ H N ~ ~~ v m U ~ ~ l~} W = C1 °;~ F e O ~ ° _ x ~Z ~ ~ Q O s o ~i~3 ~ ~~~~~~ ~.°, +~ ~ U C7 Z U ~ Q a ~~1 ~ ° ~ Z O Z g ~ ~~ ii t ~a ~ ~ N N i ~ ~ ~g j / r ,~+ ~~ ~ ~` ~ •~ ~ i • N ~ A : ~ r, .+ ~~ $~~ ~~ ~~ ~ ~~ a . • ' ~ -~ ~ . ~, . ~ ~v ~` ~ - ~ , QJ ~ r~ ~~ 1 ~ ~ ~ ~~ ~ . ~f .. fi h ; ,, ~ 'Ji ~~ ~ _ ~~~ N i.. ~ '~ , ~~ w '~~ ~ 1 ~~ ,~ . ~• ~ _ ~~ ~~ w C ~ ~~ ~Jj ~ JC~~ ~ ~. ~ ~ ~ o . ~ ~a j E! M o U '~~ ~ ~ ~ ~ U ~ ~ ~ t ~ 7~w.gN~u- .9D1~6G0 N l'~~ Exhibit C -Zoning Exhibit ~~ ~ ~ ~s~~~ ~ ~ iii ~~0~~ ~ i iii ~s~ Q ~~~ a t ~, ~ i R ~, W ~ ~a ~ ' `\`\,` ~ ~ ~ ~ t~ R ~~ ~~ ~i ~ ~ ~~-,. W ~ :.! ~ ~ ~ • ti }~ '~. ~, ~ • ~~ ti. ~, ~. ~ ~~~ ~ ~ ~' ~ `~~, ~ '~,k~e•~ • ~ ~ ~ ~ ~ ~ ~, '~~ ~ ''~ ~~ ~~~ II~lII~~~ullli ~i ii l ~; ~ s ~ • '~~~' ... ~ ~ # ~ i ~ ~ i Exhibit D -Tree Preservation Plan Exhibit E -Day Care Center Conceptual Elevation ORDINANCE 0-08-1675 AN ORDINANCE AMENDING ORDINANCE 0-00-1211 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 0-00-1211 on April 4, 2000, to establish the zoning for 8.789 acres out of the A. J. Lott Survey, Abstract 963; and WHEREAS, the City of Colleyville has requested an amendment to Ordinance 0-00- 1211, under Case Z-08-012; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in Ordinance 0-08-1675 Page 2 of 3 the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville,. Texas, be, and the same is hereby amended by amending Ordinance O- 00-1211. 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 8.789 acres of The Winding Creek 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: 1. TREE PRESERVATION a. Tree preservation on the subject properties shall be in accordance with Chapter 5 -Tree Preservation in the Land Development Code, except where amended herein. b. Trees located in a dedicated utility or drainage easement shall not be subject to preservation or mitigation requirements. Sec. 5. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended and as amended herein. Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Ordinance 0-08-1675 Page 3 of 3 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 0-00-1211 shall remain in full force and effect, except where amended by this ordinance. AND IT IS SO ORDERED. The first readin and ublic hearing being conducted on the ~ day of 9 P 2008. The second reading and public hearing being conducted on the ~~ day of 2008. A EST• Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor APPROVED AS TO FORM AND LEGALITY: ^~\~- ~+~ v J' Matthew C. G. Boyle City Attorney Exhibit "A" -Location and Zoning Map ORDINANCE 0-09-1736 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AS HERETOFORE AMENDED; BY REPEALING ORDINANCES 0-00-1211 AND O- 08-1675; BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING ON 8.8 ACRES ON LOTS 1, 2R, 3R AND 5R, BLOCK 1, WINDING CREEK ADDITION FROM THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT TO THE PUDC-PLANNED UNIT DEVELOPMENT COMMERCIAL ZONING DISTRICT; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Colleyville has received an application for rezoning under Case No. ZC09-008; and WHEREAS, Ordinances 0-00-1211 and 0-08-1675 are hereby repealed in their entirety; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks, and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning Ordinance 0-09-1736 Page 2 of 5 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 changing the zoning on 8.8 acres on Lots 1, 2R, 3R and 5R, Block 1, Winding Creek Addition from the PUDC-Planned Unit Development Commercial zoning district to the PUDC- Planned Unit Development Commercial zoning district, as depicted in Exhibit "A". Sec. 3. THAT the above described tract of land shall be used only in the manner and for the purposes provided by the Comprehensive Zoning Ordinance of the City of Colleyville as heretofore amended, and as amended herein. Sec. 4. THAT Ordinances 0-00-1211 and 0-08-1675 are hereby repealed in their entirety. Sec. 5. THAT the above described tract of land shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUDC is for office and retail uses. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. SITE PLAN AND PLATTING a. The development of this property shall be generally consistent with the site plan attached as Exhibit "B". b. Prior to the issuance of any building permit, a replat of the subject properties must be submitted and approved. No building permit may be Ordinance 0-09-1736 Page 3 of 5 issued until said plat is filed with the County Clerk. 3. PERMITTED AND PROHIBITED USES a. The following land uses shall be permitted within the Planned Unit Development: 1. All office uses allowed in the Land Development Code. 2. For buildings with frontage along State Highway 26, all uses allowed in the CC2-Shopping Center district shall be permitted. 3. For buildings with frontage along State Highway 26, not less than 50% of the air-conditioned area of the ground floor shall contain uses that are eligible for State of Texas retail sales tax as defined by the State of Texas Comptroller of Public Accounts. 4. BUILDINGS AND SITE PLAN APPROVAL a. The total square footage of all office buildings constructed within this development be allowed as follows: 1. General Office: Maximum Square Footage: 34,515 2. Medical Office: Maximum Square Footage: 13,565 b. All office buildings shall contain no more than one-story unless mixed with retail uses. c. All buildings constructed as part of this development that do not have frontage along State Highway 26 shall be generally consistent with the building elevation designs, attached as Exhibit "C". d. All buildings constructed as part of this development shall meet the minimum building design score of 30 as described in Chapter 6-Building Design in the Land Development Code. 5. PARKING a. All off-street parking required as part of this development shall meet the requirements of the Land Development Code. 6. LIGHTING a. All lighting including parking lot, building and security lighting shall be directed away from residential areas and shall provide a maximum candle illumination of 0.5 foot candles as measured from the property line. Ordinance 0-09-1736 Page 4 of 5 7. LANDSCAPING. BUFFERING AND OPEN SPACE a. The development shall provide a minimum of 30 percent of open space. b. A 15 foot landscape buffer shall be maintained along the western boundary of the development where it is adjacent to residential properties. Additionally, the landscape buffer shall contain 43 wax myrtles planted on 15 foot centers. The required buffer shall be installed prior to the issuance of the certificate of occupancy for any new structures. c. A 25 foot building setback shall be maintained along the entire western property line where it is adjacent to residential properties. 8. SIDEWALKS a. A minimum five (5) foot sidewalk shall be constructed along State Highway 26 when any new structures are built. b. A minimum four (4) foot sidewalk shall be constructed along all fire lines and in front of each building when any new structures are built. 9. FENCES AND SCREENING a. A minimum eight (8) foot masonry screening fence shall be constructed along the entire western property line adjacent to residential properties prior to the issuance of the certificate of occupancy for any new structures. 10. OTHER a. A minimum of 221 caliper inches of new trees shall planted on the subject property per the requirements of Chapter 5-Tree Preservation in the Land Development Code prior to the issuance of the certificate of occupancy for the fifth structure built on the subject properties. b. For any building not fronting on State Highway 26, the hours of operation shall not exceed 7:00 a.m. to 8:00 p.m. c. All driveway approaches on State Highway 26 shall receive approval from the Texas Department of Transportation. Ordinance 0-09-1736 Page5of5 Sec. 6. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 7. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 8. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 9. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 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 Exhibit "B" -Zoning Exhibit ~- ~' ~. ~~ <~ ~. ._~~- ._ ~ `~ ~ ~. *~ s '~. f ~~ .- } ~: ~r~ ~~~~§~~~ `~Sk ~f7e Ctg~41~. _ ,, .~:.. ~ , ., ., .. _ ~~_ ~ ~- ~ °~ ~ ~~ _ ~ ',~~ a~ ~. d io ~ '~~° .. ~ 1 ~ ry a ,-~ Exhibit "C" -Building Elevations ,~~~~. ,Si 4/ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~- Agenda Briefing 817.503.1000 voww. co l l e yv i l l e. co m File Number: 0-09-1737 Version: 1 Requester: Community Development Department File Number: 0-09-1737 File Type: Ordinance Agenda Date: 11 /17/2009 Agenda No.: 6d Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 Attachments: Location and Zoning Map Site Plan Building Elevations Water Pumping Station Proximity Map Ordinance 0-09-1737 History of Legislative File Version: Date: Acting Body: Action Text: 1 10/12/2009 Planning and Zoning Commission 1 11/04/2009 City Council 1 11/17/2009 City Council Title Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 Explanation Second Reading and Public Hearing There were no speakers, other than the applicant's representative, regarding this request at the November 4, 2009, City Council meeting. First Reading and Public Hearing The Trinity River Authority of Texas (TRA) has submitted an application for a Special Use Permit (SUP) to construct a water pump station located at 4602 Bransford Road. This request was approved by City Council on October 7, 2008 by Ordinance 0-08-1697, however, since a building permit or certificate of occupancy has not been issued within the one year period, the SUP has become null and void. SUP approved on October 7, 2008. Section 3.25 of the Land Development Code states "A special use permit approved by the Council shall become null and void one year from the date of approval by the City Council unless a building permit or certificate of occupancy, whichever is applicable, has been obtained on the property within said one year period. City of Colleyville Page 1 Prinfed on 11/13/2009 Agenda Briefing Continued (0-09-1737) The City Council may in its adopting ordinance, shorten or lengthen the time in which a building permit or certificate of occupancy must be issued in order to preserve the special use permit." Given this requirement, the current SUP approved for the water pump station under Ordinance 0-08-1697 expired on October 7, 2009. Although, as stated above, extra time could have been granted, the applicant originally intended to begin construction in the Fall 2008. As such, the applicant is proposing to renew the SUP under the current request. All of the conditions approved as part of Ordinance 0-08-1697 have not changed and have been incorporated into the draft ordinance. The only modification recommended by staff is that the SUP shall be valid for five (5) years from the date of approval if no building permit is issued. The requirements below explaining the development conditions match the original development conditions approved under Ordinance 0-08-1697. Zoning and Platting. The property is currently zoned CC1-Village Retail. The Land Development Code allows water pumping stations in any zoning district subject to the approval of a SUP. The subject property was platted in 2002 by the Trinity River Authority with the intention of developing the property for the pumping station. Proposed Building. The proposed structure will be a 2,053 square foot masonry building with a maximum height of twenty-nine (29) feet. The building will house three (3) water pumps, an electrical equipment room, a restroom, a storage room and a meter. Fencing and Screening. The property will be surrounded on the side and rear property lines by an eight (8) foot tall masonry screening fence. The applicant is requesting a waiver to allow an eight (8) foot combination wrought-iron and masonry fence with two gates to be constructed along the front property line adjacent to Bransford Road. Regulations for fencing are contained in Chapter 3 of the Land Development Code, which states that a fence located within the required front yard setback of a property can be no greater than thirty (30) inches in height and no greater than twenty-five (25) percent solid construction. The applicant states that an eight (8) foot perimeter fence is a requirement for water pumping stations by the Texas Commission on Environmental Quality (TCEQ). The gates will be constructed so that they do not open toward Bransford Road. Lighting and Noise. The applicant plans to attach security lights to the front of the building and to have directional lights affixed to the front corners of the building that will direct light along the sides to the rear of the property. The building will contain three (3) water pumps, each running on a 40 horsepower engine. The applicant has stated that the horsepower used will not generate any discernable noise levels beyond the property line. The applicant must maintain lighting and noise levels that do not adversely affect neighboring residential properties. Landscaping. The applicant has submitted landscaping that, at a minimum, meets the requirements of Chapter 4 -Landscaping and Buffering - of the Land Development Code. Landscaping will consist of two (2), five (5) inch caliper, Live Oak trees and ten (10) Buford City of Colleyville Page 2 Printed on 11/10/2009 Agenda Briefing Continued (0-09-1737) Holly shrubs planted along Bransford Road at the front of the property. Sidewalks. The Land Development Code requires a five (5) foot sidewalk along Bransford Road. The applicant will be required to improve the existing sidewalk so that it meets this and all other requirements of the Land Development Code. Surrounding Zoning and Development. A small portion of adjacent property to the north is zoned CC1-Village Retail and is vacant. Directly north and adjacent to this lot is an R40-Single Family Residential area, developed as single family homes. The property to the west and south is zoned CC1-Village Retail and developed with the existing water pumping station. The properties to the east are zoned CC1-Village Retail and developed as a gas station and automotive repair. Public Notification. Staff notified 9 property owners within 200 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. To date, staff has received no letters in response to this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of the request at the October 12, 2009 meeting by a vote of 7-0 subject to the expiration of the SUP within one year from the date of approval. The draft ordinance has not been amended to account for this provision. Summary. The applicant is requesting the relocation of the water pumping station based on right-of-way acquisitions by TxDOT along SH26. The proposed water pumping station will assist the City in meeting future water needs. With the exception of the addition of a staff recommended five-year expiration period for the SUP, the conditions stated above and detailed in the draft ordinance have not changed and match, exactly, the conditions approved under Ordinance 0-08-1697. Financial Impact It has been determined that there is no financial impact. Recommendation Approval with the conditions stated in draft ordinance. 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I ;~~ s ~; ~ ~ _ -1~ I ~~ ~ ~~ i S 1 t f li _ ~ ~~ -_-~ -_ ~ _~ ~ ~ ~_ ~ ' ~ ,/ lh~ ~ ~ ~ (1 3 i Y i / r!': r ~ ~ ~ ~K ORDINANCE 0-09-1737 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 A WATER PUMPING STATION ON LOT 1, BLOCK 1, OF THE COLLEYVILLE WEST PUMP STATION 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. ZC09-014; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan, 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 0-09-1737 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 a water pumping station on Lot 1, Block 1, of the Colleyville West Pump Station Addition, as depicted on Exhibit "A". 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 (SUP) shall be for a fully enclosed water pumping station, with a maximum gross floor area of 2,053 square feet. b. The location, landscaping and layout of the building shall be generally consistent with the attached Exhibit "A", Exhibit "B" and Exhibit "C". c. The building shall meet the building design requirements stated in the Land Development Code. Exterior building materials shall be limited to masonry only. d. The structure allowed as part of this SUP shall only be allowed in conjunction with the use of a water pumping station. Any other use of this building shall be deemed to be a violation of this ordinance. e. An eight (8) foot masonry fence shall be constructed along the entire length of the side and rear property lines. f. An eight (8) foot combination wrought-iron and masonry fence shall be constructed along the front property line, adjacent to Bransford Road. g. No gates shall open toward Bransford Road. Ordinance 0-09-1737 Page 3 of 4 h. Exterior front lighting shall be limited to a security light located along the front and front corners of the building, to be mounted on the building. Lighting shall be arranged so as not to illuminate on adjacent residential properties. i. A minimum of ten (10) Buford Holly shrubs and two (2) Live Oak trees, each a minimum of five (5) inches in caliper, shall be planted along the front of the building along Bransford Road. Spacing and planting specifications shall comply with Chapter 4 -Landscaping and Buffering of the Land Development Code. j. The water pumping station shall, at a minimum, be monitored by a wireless security system, including video cameras. k. There shall be no permanent onsite personnel stationed at the facility. There shall be no outside storage of any materials allowed on the property. m. This facility shall comply with all City of Colleyville noise regulations. n. The property and building shall meet all the requirements of the Land Development Code, except where amended herein. o. If no building permit has been issued for the primary structure approved by this ordinance, this Special Use Permit shall become null and void five (5) years from the date of approval of this ordinance. 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 0-09-1737 Page 4 of 4 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2009. The second reading and public hearing being conducted on the 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary APPROVED AS TO FORM AND LEGALITY: CITY OF COLLEYVILLE David Kelly Mayor day of day of Matthew C. G. Boyle City Attorney Exhibit A -Zoning and Location Map ~0~ ~ ~ :~C~~ ~7U~ 14i it ~~~ __ ~_ ___ R4U i-F~~F i~,_ ~~ty I S ite ~~~a~ 4532 ~~ ~ r rn try ~_ O I ~ Q ~' ~~7~ ,_~ ~~~ - _ Off, ~~~~. ~ ~~ ~1 ~7~Ii \ r,i ~\ ~-~ ~ ~,~~ h,~, , ;. ~, ~'`~' ' 4f~t~ ~~~~~ ~` ~ ~~~ \ 4Bt32 ~~ ~ ~ 6, '~ .~., ~`, r~~~3 '~ S ,rte X33 CC2 Exhibit B -Site Plan °i A ~. ~ __ ti, ~ ~~ ~~~~ t~~ ~ 3 a ~~ b ~ *~ ~' ~~ ~ } ~. _ ~:; i y{{y~( jf R i '~ ~~ ~ ~-~ (/~/"~/1 ~~ f! ~~.~. ~~~ ~~ ~~ ~, ~_ ~~IF yyy/ 1 ti 7 aS'~ y2AS !+~ ~:IFI ~~{~ r ~~t ~I}- C~~( ~~~, it/' Ci Caa . .. ~ ~` ,, f f ~ , / , fi ~~ F, o ~ }~ ' '1 ~ - 3 J ~ ~ _. S 1 '.' ~ f ''. - ~v Exhibit C -Building Elevations ~~°~s°~3 .~.~::~ ~~ __ ~avown o v~asawna ~ (I ~ `9~ €~~~~ ?~s~~ "~'M~~. ~u~1~Yi~`I'Iltl:~~'I'iiJ ~ 1 , I~~ ~~~~';`s'Qx en. ... _.. ~ ~ x ~ ~ r~~a w o, d (. sr ~~ s ~ ~ r - k` ~ ~ ~ ~; ~ r ~ 3i ~ ~ ~~ 1 I __~-; s j r ~- ~ ,- ~ g ~~, a ~~ ~ ## K ~8 ~I • ~~ & G __ _ s~ ~ ~L'~ - --' ~ ~~ s +I rs ' ~ ~ 1 ~ ~~~~ ~ i ~~ ~e ~ ~ ~ ~3 ~ t a f ~i ~L ~ _ ~ 'v Ip ~ ~ - ~t I. I jj ~~ ~ ~ i ~. A yy f~ ~ IL . k 8 ~s ~~ e ~_~, ~, ~__~~ ~~~~_1:1 ,;~ ~ ~~~', r :a i II i u 1 K ___ I ~,~ ,.$ ~ .JAY ~J wi ~° __. _ ~.,. 1~ ~,_ ~r $, ~~ 99 ~~~ : ~~ i S~ 8 ~_ _...._ ,~ ~21,~ ----~ .q ~4 \ ~ '~` '~ ~q `~ g ,~~ 5v R ~~3 ~~ E .~_.~, .s,+~ E Date: ~ ~" [< ~~ ~~~ SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. _~ I do not wish to speak, but please records my: ^ support ~sition Agenda Item Number: ~U ~ _ Ordinance/Resolution Number: C~ ~> -~7 ~~ Name: ~ (- Address: ~ ~ ~ ~ ~ ~~ City: ~ v ~ ~ State: ~-~_ Zip Code~~~ ~~ Telephone Number: ~~~~~ ~-Kepresenting: (organization/self) 1 understand 1 am limited to speaking for five minutes. For busi ss not listed on the agenda as a Public Hearing, City Council will not respond in accordanc with a Texas Open Meetings Law, Chapter 551 of the Texas Local Government Code. Signe . This information is a Public Record. Date: i l r1 ~7~~1 SPEAKER CARD I will speak In Support of this item. X' I will speak In Opposition to this item. I do not wish to speak, but please records my: ^ support ^opposition Agenda Item Number: ~ Ordinance/Resolution Number: ~ ~ ~~1 1~7~ Name: ~~~f ~ ~V~/'~~f Address• ~~y`~ ~c' ~yl~ ~'f ~; l ~ ~~' ~ - City: ~ ~~ (~, ~~~ State: ~ ~` Zip Code: 7 s 3y Telephone Number: ~'1 ~ _ ~l~ ~ ~~J ~~ Representing: S~ ~'~ (organizationlself) 1 understand 1 am limited to speaking for five minutes. For business not liste7d on the agenda as a Public Hearing, City Council will not respond in accordance with the Texa~~ Meetings Law, Chapter 551 of the Texas Local Government Code. Signed: 1 Gtr ~''~ Th s information is a Public Record. Date: ~ ~ ~ ~ ~ _ ~ ~~ ~~~ SPEAKER CARD I will speak In Support of this item. I will speak In Opposition to this item. _~_ I do not wish to speak, but please records m ^ support [opposition A enda Item Numbers ' ~ ~ ~~ Ordinance/Resolution Nurfiber: 9 Name: ~)J~l/~'-f~ > ~~ 1. ~,K Ky /1~~.,:'~,' 1 ~•5 ~. Address: GSI~ ~t-='v'~ ~~'~~5~ L--f ~1/ ~~ City:~e~_,C_1~k~1/% ~.1 C-~ State: 1` Zip Code: ~ ~..~ L Telephone Number;' ~ 1- G r~ ~ - ,.~~R~Rresenting: - (organizati self) 1 understand 1 am limited to speaking for five minutes. For business not listed on the agenda as a Pub 'c Hearing, City Council will not respond in accordance with the Texas Open Meetings Law, C apter 551 of the Texas Local Government Code. /- A / Signed:. ?-Y_t._`>`'-.~. r= ~~ ~ ~~--~ ~ This information is a Pu ~ cord. ,~' ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 r,,.., Agenda Briefing 817.503.1000 www.colleyville.com File Number: 0-09-1738 File Number: 0-09-1738 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 11/17/2009 Agenda No.: 6e Status: Second Reading Controlling Body: City Council Final Action: File Name: Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 Attachments: Applicant Request to Continue Until December Applicant's Letter of Appeal Location and Zoning Map Notification List Letters of Opposition Exhibits Provided by Applicant Photos Submitted by Applicant Development Analysis Ordinance 0-09-1738 History of Legislative File Version: Date: Acting Body: Action Text: 1 10/12/2009 Planning and Zoning Commission 1 11/04/2009 City Council 1 11/17/2009 City Council 1 12/01/2009 City Council Title Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 Explanation Second Reading and Public Hearing There were two persons who spoke in favor of this request and one person who spoke against this request at the November 4, 2009, City Council meeting. The applicant has notified staff they are not able to attend the November 17, 2009 meeting and have requested the item be continued to the December 1, 2009 City Council meeting. First Reading and Public Hearing Casey Ryan has submitted a request for a Special Use Permit (SUP) for two attached carports on 0.45 acres located at 6509 Ponderosa Lane. The two carports were constructed without a building permit in July 2009. Upon application for a permit after the carports were completed, the applicant was informed that an SUP is required for the construction of residential carports in Colleyville. Therefore, this SUP Cify of Colleyville Page 1 Printed on 11/13/2009 Agenda Briefing Continued (0-09-1738) The accessory building, on which the carports are attached, was constructed in 2006 and meets the requirements of the Land Development Code. Waiver Request. Section 3.27 of the Land Development Code sets development standards for carports. The existing carports do not comply with the following standards: • A carport shall not exceed 480 square feet in area. The existing carports are 768 square feet in area. • The setback for a detached carport located completely within the rear yard may be up to five (5) feet from the property line. However, carport A does not comply with this regulation as it is 1.5 feet from the side property line. • The maximum number of carports allowed per tot is one. This lot contains two. • A carport shall not have a flat roof (minimum 2:12 pitch). The existing carports do not comply with this regulation. • The construction of the posts shall be brick, stone or decorative metal between 12" and 48" in width. The existing carports do not comply with this regulation as they are constructed with steel. Existing Conditions. The property is zoned R20-Single Family Residential and currently developed for single family residential use. The property contains a single family residence and the accessory and carport structures. Adjacent Zoning and Development. All properties surrounding this lot are zoned R20-Single Family Residential and are developed as single family residences. Development Analysis. The Land Development Code requires that carports be considered on a case-by-case basis, and must be approved by a Special Use Permit. A development analysis of the regulations and the proposed carport is attached. The carports do not comply with five of the nine development regulations within the Land Development Code. Non-compliant regulations include maximum size, side setback, maximum number per lot, roof pitch and construction of posts. Public Notification. Staff mailed notices to 14 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 seven (7) letters of opposition to this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended denial of the request by a vote of 6-0 with one abstension. Supermajority Vote Requirement. Since the Planning and Zoning Commission voted to recommend denial of the request, the request can only be approved by a supermajority vote by the City Council. Summary. The carports do not comply with the Land Development Code requirements stated above. The applicant constructed the carports without obtaining the necessary City of Colleyville Page 2 Printed on 11/10/2009 Agenda Briefing Continued (0-09-1738) building permit or approval of an SUP. Staff has written the draft ordinance so that the carports, if approved, would be allowed as constructed with the stipulations that in the event that the carports are destroyed or damaged to an extent of more than 50% of their replacement cost at the time of destruction, this SUP shall become null and void. If, however, the case is denied by the City Council, the carports will be required to be removed. Recommendation Denial City of Colleyville Page 3 Printed on 11/10/2009 Applicant Request to Continue Until December Casey Ryan 6509 Ponderosa Lane Colleyville, Tx, 76034 October 21, 2009 Planning and Zoning Commission City of Colleyville 100 main street Colleyville, TX 76034 Dear Amy Shelley: I would like to request a hearing to over turn the recommendation of denial for the covers I built over my motor home... I will be out of town in November during the meeting... If I could request a later hearing date In December...Thank you Sincerely, Casey Ryan Applicant's Letter of Appeal Casey Ryan 6509 Ponderosa Lane Colleyville, Tx, 76034 October 21, 2009 Planning and Zoning Commission City of Colleyville 100 main street Colleyville, TX 76034 Dear Amy Shelley: I would like to request a hearing to over turn the recommendation of denial for the covers I built over my motor home... I will be out of town in November during the meeting... If I could request a later hearing date In December...Thank you Sincerely, Casey Ryan RECEIVED ~~' ~ 2 2009 ~~~ rrrr rs~asa r•• Location and Zoning Map 6500 PUDR 6515 AG 5512 550$ 5504 55x0 541 PUDR 5517 551 £ f~517 551 S ite 1~ £5~3 h ~ 550 550$ C5U9 PUDC 5505 R2 5504 6505 6501 65oa 6501 5417 X16 5417 5413 £~'[ 2 641 5403 5408 549 5405 5404 6405 6401 5400 5401 Notification List OWNER NAME OWNER ADDR OWNER CITY OWNER STATE OWNER ZIP SITUS ADDR R an, Arthur 6516 Ponderosa Ln Colle ville TX 76034 6516 Ponderosa Ln Fu ua, William L 6517 Ponderosa Ln Colle ville TX 76034 6517 Ponderosa Ln Martin, Don V Etux Iris 6516 Kin ston Colle ville TX 76034 6516 Kin ston Dr Williams, Ral h Etux Louanne 201 Adams Ct Colle ville TX 76034 6512 Kin ston Dr Current Owner 6513 Ponderosa Ln. Colle ville TX 76034 6513 Ponderosa Ln Kniese, James E 6512 Ponderosa Ln Colle ville TX 76034 6512 Ponderosa Ln Hanzelka, Jose h R 6508 Kin ston Colle ville TX 76034 6508 Kin ston Dr R an, Gerald Case , A licant 6509 Ponderosa Ln Colle ville TX 76034 6509 Ponderosa Ln Justiss, James E Etux Cind D 1420 W Wall St Gra evine TX 76051 6508 Ponderosa Ln Shears, Thomas T Tr 6504 Kin ston Colle ville TX 76034 6504 Kin ston Dr Bo les, Martin Etux Catherine 6505 Ponderosa Ln Colle ville TX 76034 6505 Ponderosa Ln B erl , Mimi J Etvir Jeffre S 7109 Pebble Hill Dr Colle ville TX 76034 6504 Ponderosa Ln Youn , Kenneth W Etux Rhonda 6500 Kin ston Colle ville TX 76034 6500 Kin ston Dr Moeller, John A Etux Karla S 6501 Ponderosa Ln Colle ville TX 76034 6501 Ponderosa Ln Latimer, Michael F Etux Cind 6500 Ponderosa Ln Colle ville TX 76034 6500 Ponderosa Ln Public notices were mailed by Amy Shelley on Thursday, October 1, 2009. Signature ~~, ~, ~ dry Letters of Opposition Community Development Department City of Colleyville 100 Main Street Colleyville, Texas 76034 Planning and Zoning Commission This is my written protest to the zoning change for 6509 Ponderosa Lane. The zoning case number is ZC09-013. I am a long time resident of our city. I moved to Colleyville in May of 1978. I started working for the Cotleyville Post Office in December of 1978. I am now retired from the post office. I have recently started working part time in the Villages of Colleyville. I have seen a lot of changes and most all of the changes have benefitted the residezrts and the community. Within reason, I believe our neighbors should be able to build structures, pursue their interest and hobbies in their own back yard. But in this case, the design, materials used, size of the structures, and open storage above the fence line, is out of place in a residential neighborhood. This structure has a negative effect on our property. There was no thought given to create. harmony or a buffer between the properties. I am also protesting everything on our adjoining property line. Thanks in ad once for your time and consideration. H 6508 Kingston Colleyville tx 76034 Community Developmern Department City of Colleyville 100 Main Street Colleyvlle, Texas 76034 Planning and Zoning Commission This is my written protest to the zoning change for 6509 Ponderosa Lane. The zoning cam number is ZC09-013. .~ _. ,,~ ~ ~:.~~~ - ~ :~~ . October 6, 2009 Community Development Department City of Colleyville 100 Main Street Colleyville Texas 76034 Planning and Zoning Commission This is my written protest to the zoning change for 6509 Ponderosa Lane. The zoning case number is ZC09-013 ~~ Rhonda Crocker Kenneth Young 6500 Kingston Colleyville, TX 76034 6501 Ponderosa Lane Colleyville, TX 76034 817-442-5271 Community Development Department City of Colleyville 100 Main Street Colleyville, TX 76034 October 5, 2009 Re: Zoning Case Number ZC09-013 (6509 Ponderosa Lane) Dear Sir or Madam: I am unable to attend to attend the hearing on 10/12/09. Therefore, 1 am writing this letter in protest to granting this zoning request. I am not in favor of this change due to it negatively affecting the appeal and beautification of our street. Thank you for taking my opposition to this request under consideration. Sincerely, Karla Moeller Community Development Department City of Colleyville 100 Main Street Colleyville Tx 76034 Planning and Zoning Commission This is my written protest for the zoning change at 6509 Ponderosa. The zoning case number is ZC09-013. ~os~csGua ~~uGJ /D/~/o9 1P509 ~hy~orJ ~~~uCef ~7t~c39 RECEivEo ~~~ ~ ~ Zoo ~,~~, October 9, 2009 City of Colleyville l~ ~tt4~t Colleyville, TX 76034 Re. 1~; To whom it may concern ®f/e ;~ ~ too tthe af'a. ~tl [tae Permiit ~ a att tS~9 Ponderosa Lane. These two carports, already built without penmuts, can be seen from the stceet_ are uc~~iglctly, d4 not >lit antbt- the ~hoad aad ~t of all will be a detriment to real estate values on Ponderosa Lane, McCain and Kingston ~ci~ bit nelaltlad "sie~t; Mr. Casey Ryan appears to be operating a commercial enterprise in violation of the 'This is evidectced - - personal vehicles in the from yard at 6509 Ponderosa on a near daily basis; 2) same ~aeployees driving away from ~ same mss in p®tc~l ~ ~riaed lbfxi C"ctf.~; 3j the M'id City Fire vans are loaded with supplies and equipment from the ugly metal slioxage b~clrfag lot~ot~d beh~d ll~: Ryan°a hose. "The architecturally nor aesthetically fits the house at 6509 Ponderosa Lane or other homes in the su:rcn~ndir~g area. This, lboo, is a det~irt~entt m ccatl es~te walue~.. What we think should occur: lj lid be 2j The ugly metal building should. be: reauowe+d, or die Batt cbuf uexnowed oral cep wrath s rood' dtrat ~ a pilrach sr>~r to that of the house and the ugly metal siding should be covered with a facade that will fit aut~rbei-dcralty aced aestl~eri,cailly with the hr~ct«ee otther hQmrs~s iu tthe ~uuroumdmg sues. Thank you for listening to our concerns and thank you for your service to our city and the Respectfully, r ~~~" ~~~ . 6512 Ponderosa Lane ~~~~~~~~ ~clle„ T~ ~Jt60~1 t~~~' 9 2~t19 ~t'~r ~r•++MIIIIIRNMisr {~ yq . ~~~~ ~ ~~ .~ ~~ ~ tom` ~ ~~'---:~ Q ~ ~~' ~. ~ -, ~~ 1 1 9 1 Y 4~""? ~ V ~~ •~ ~ f'1 , ~~ ~ `~;...J ~ j ~` ~ 1 ~.~`"~.a,. _s~~~r~~ ~...."°'~- 1 V~r~ 1 ! '. 'W 1 1~•~ 1 1 ~ + a =~ ~ ~ ~~, RECEIVED OT 0 209 Per Exhibits Provided by Applicant ~~ ~ ~Y ... w.. ~~ ;, 4~. ~ L` c'+°4 t ~ ~~ ~~ C`~., ._ '+ RslwstlDS Na 1512Y04 Ci.F. No: AR04187F8¢ CT - TNM Co: HEXiERfAIR TfYLE CCNAPAMf F1aGflsser: RYAN PROaERTYOescwPnoN LJ2t 11, Bbdc 1, d KCd(iBTION ADDFFlON, an Atldltlon b /1s Cly d CDNsyIEW, Tenant Coolly, TaEms, aooordtrp b tho Plat tlTaEaOI TeCatdsd h Vdutns 3EH32, Paps 71, d tlla F1et RsoDlds dTstTlnt Caalpr, Taxes. LOT 15 LOT 16 ~ LOT 17 J8a-32 / 71 Ja0-32 / 71 PROTRUSgN OF K Jag-]2 / 71 iND. J/s' RECORD - 100:00' :- EAS. s oo' ~4" w - 100.1 D, s/e" n. ' UOLIfY ESYf ! I" .~- ~ ~ ~.. ~. I a .P. ~ ~- ~. . '~ Z _ t ~ ~ ' V ON D«T LOT 11 w ap 3tia-32 / 71 m OD ABOVE GROUND POOL .P nl In ro m tti ~ LOT 12 W E / E ~ LOT 10 :ttla-32 / 7t I ~ / Ia.Y X a.l• N I Jaa-J2 / 7T E WOOD BIOG. ON W000 / ~ m £ W ~ ~ o' O V ~ ~ W KZ 7.J (n d' 19A ~ ~/ /~ ;i. sTON n i d.~t~uaa-~C~ •- FHD J/8• MEAS. OUE NORTH - 100.09' ( w DIRECIIONK CONTROL tNE 6509 PONDEROSA LANE Acto,dinp to fIRY Yoe 4a13gC 0195 H e-2-9a tM• popery ;• IB71Fs TIVO W~+Y pld Y Any nplad,wtkn d ~ beatod N Zorw X oMCA 6 HOT h tM 100 Y•or wwlai lload tKIZOn1 ar•o. eorMlR Y a thY pld dUqul LI• Ylolotlan d Fod•td ppp~~t la.. 711Y vvq WO• THE ABOVE FLOOD STATEI/FSTf g BASED ON THE l1AP PANEL SHOWN, AND WwIL THIS SURVEY p•rlamrd •KOlwivd~ Ior {M 1x1. Oortga,y and NRGn•r wY Nor slaw THE PROPE7trY ro ec w (li t00 YEAA SPECYd, ti000 It117M0 ARE^ ALL ~,,.,, owd 1. Iloroald ~ an• oYpY ~.•, 1No •vvq f1D00 ZONES ARE SU6rtCf lp SOME DEGREE OF FLOODING. FOR MORE WFORYAl10N CONTACT rlRnoYr 1M plep•Ay d tM SiwY~q. Do nd moto THE UX:AL ELOODPIAY/ AOYldSiRATOR OR FEYA. tA1l11AAaIliW oopfw x haieir d UII• daowlwlt s\AIVEYORS DERIITIG17tON SCALE: 1" = 20' I. M\1D J. ROSE, RECISIERED PROFESSIONAL .LAND SURVEriNt. HEREBY 4'£RTIFY 7iNT 7Tf$ SURVEY WAS Y/OE ON 711E OAOI1//O LNOER W SUPEfMSION AHD 001t1tECRY S/gW5 ,~ ~ T S T' 'C '~\ • 7fE BIXRaWi'Y U+G AND OBHEL410ff5 OF THC IAND Mbl GA7ED 717E1tEON. Nq 11UT SAID PHOPdYfY /IAS ACCCSq TO MID ETiOY A OEDKYOFD ROADWAY, SAID PROPERTY t1ONli SUBICC( y; ~ . --[- OVERIxAD URLTRES ' Iv ~ F~ + Q" TO ANY ANO ALL Fi15fiT4'NI'S. AESERWtT1fkK AIJD IaFTfRICI[7NS 1TNT YAY BE OF RECORD. AND TINT ONLY THE EASDIE7di5 SltOWTt ON T12 REFERDICi.D THAT OF RECORD ANO 111OSE OF WIIICiI THE BEd CNEII 7tR1TIFN NOTICE FR011 7RIE caroAm ARE stlognl ON TifS PLAT T Y --i1-- iENOE . .~ ................. ~.T.. " BRICK p DJ1V)D J. ROSE . SVI VE OR HIS Slktv[YOR 010 !qT AB~.(RAE.T T/1G PROPFMY ANO /tElJES SOLElY ON THE TTIL.C WORK FRONDED TO M FOR NOTICE DF MA' FASFAIENTS WIROH EMY AFFEC7 THIS FNOPERTY Z ••••••••••••••• •••••••••• __._. WOOD ~~ ~ ~ q SM8 ' , N ?~~~ D ~~ `~ ~'~R P ~ss\o ~ F/R(~UNE SURVEI'IN(3, LTD. SU , P,o. Bw ~A Phaw: (617) 276-1148 :.rra„gton, Taw 76004 For: (81)) 276-ItA7 DRAWRI ~.; TB ate; 07-06-04 t siml,EV acr Iatl11 WRN OIMJNIIL &IOMA7ITRE Photos-Submitted by Applicant 1 _, . :~ .~ ~ _ ~ " 't r ~ 4r i~~ ~~ S ~ ,. ~- '" ' ft's r. ~ ,# r~ _ ~ ~ *. r - ~~ r~~ _ l { ~ ~ ~'F t 2-f - -`r .~ __ a'. t =- ~ -_ - - t t i sy.-_ - .. I ~ _ 5 F ~ `- _ ~~ ,~ l ~_ ~ ~ __ ~ _ - _ f 7 z ~~a _' 3~~~Y ~ n_ _ cf - n_ - . 4 _ - - - < <~ ~ _ t _, -, - { ~ _ _ _ r _ _ -- _„ _ _ ~F -. - _ __ ~ J "Y- ~ ~.~A~, __ ~f r _ - -~Gc ~- _, - ~ 1 ,` _ .~ t,a a - _ - ~-__k y -- - ~~ j - .~_ fw-.~ ~_ll - ..43 ~v ~ _ _ y ~l _ F ~~ ~~ S ~ r_- ,~ - ~ "` - F ~ ~~ ~ Vii' ~ ~__ ,~ _~} ~~~_ ~• t ~ ~~ - 1 .. = i - - x- = -- ~: s '. - ., ~" .~ _ ~ nr f ~'~. !{~ r~" ,•-.rte-..~,-r'~rY: p _ - 1 _.' J .} .rte>~ ~b. ~ ~T ~_ ~.,_._« Zvi =, ~-. t r\ _ r~uf ~~ -3~ tr 3. } ~ ~ _ ~ *' W S ~ -.i- r ~ ,s-.. ~- ~ ~ ~ -- w i a, T~ - ~ I F__~ _ '94 _ - - - - -- - _. v- ~ '~ - ,~_ . 5 t °f Y1 = t~ _ _ ~~ - k - - k - -- - -,~ is-_ A _ Y- .. _ _ ,~~ -" '1 I, _ __ ~ ~ - ~''-Y° ~ _ 3.¢~~__ ~.ZI - _ .t - x- -~ J "'r ~ ~n ~ FLT-•~~- ~' - =l.#iR*'I' Y- .t~_ Y` a ^l:f~b .~~ ~52. _ ~ i~ -521 ~' _ -y: - ;!~ ~` w~ i ~ ~ F ;~ ~ y _ ~~i_ Z. _ _ _ _ _ --_ T - ~ -__ ~ `.e'r`a- r r, ' '' ~~^~x t' _ { Y (f a ~,~ ~~ ~k ~ P ~r1 x ~_ w ~. t .i ~~~ y ~ jn~ ~,l t t q z i° ~~ ' ,1 r ~ ~ ~ _ ~, ~ ~ ~ ~ Q.r.~ ~ _ , ~ ~ . i ~ - 2 - - _~ T -fir _ ~~, ~ ~ _ ~ 1+ j ~~~ ~-~ RR 4 y~ ~_pl y I - - ~ ~ _ ~ - 1 ~ 1. - I;~~.I '±s~-4 - _ t ~ b5 t - ~~, ~ ~ i r _ - _ _~ ~ -.i -._ ,1 - x !t ~ ~ 11111 Ms ~~ 'S, # ~ ~ ys x ~(t1 r ~ ~ _ t ~ - ~f _, a_r 7 __ - -, - - ~ € - ; _ . t ~~ - ~w' ~} 1 pp _ J ~ -- _ . ~F~ ~_JWi_ ~ ~ T h ' ~~~...~~~ -- ~ to ~. _,_ `.1~ V" Y it . ~~- ~ ~~~ ~ -.~-~r._~.. -. _ -. - ... - ~ s_'~- ~ - ~ L. _. _ -- _. - - _ .- . i t ~~_~ , q 1 ~ s Development Analysis The Land Development Code requires that carports be considered on a case-by- case basis, and must be approved by a Special Use Permit. A comparison of the regulations and the proposed carport is shown below. CARPORT ZONIN G COMPARISON Category Zoning Carport A Carport B Re uirement 1. Maximum Size 480 s ware feet 288 s uare feet 480 s uare feet 2. Longest Dimension 24 feet 24 feet 24 feet Allowed 3. Maximum 15 ft. to highest 11 feet 14 feet Hei ht oint of roof 4. Side Setback* 15 feet 1.5 feet 5. Rear Setback 5 feet 15 feet 15 feet 6. Maximum 1 1 1 Number per Lot 7. Paved Parking Concrete, asphalt In compliance In compliance Surface or avestone 8. Roof Pitch 2:12 minimum Not in com liance Not in com liance brick, stone or Not in compliance Not in compliance 9. Construction of decorative metal Posts between 12" and 48" in width *Side setback may be 5 feet due to accessory structure location completely within the rear yard. However, height restrictions influence setback. ORDINANCE 0-09-1738 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 CARPORTS ON LOT 11, BLOCK 1, KINGSTON 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. ZC09-013; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance; and WHEREAS, the City Council has appointed a Planning and Zoning Commission to recommend the boundaries of the various original zoning districts and appropriate regulations be enforced therein and to recommend a new zoning ordinance; and WHEREAS, the Planning and Zoning Commission has divided the City into districts and has prepared regulations pertaining to such districts in accordance with a comprehensive plan and designed to lessen congestion in the streets; to secure safety from fire, panic, and other dangers; to promote health, general welfare; to provide adequate light and air; to prevent the overcrowding of land; to avoid undue concentration of population; to facilitate the adequate provision of transportation, water, sewerage, schools, parks and other public requirements; and WHEREAS, the Planning and Zoning Commission, has given reasonable consideration to, among other things, the character of the districts and their peculiar suitability for particular uses, with a view to conserving the value of buildings and encouraging the most appropriate use of land throughout the City; and WHEREAS, the Planning and Zoning Commission of the City of Colleyville and the City of Colleyville City Council, in compliance with the Charter of the City of Colleyville, and State Law with reference to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in 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. Ordinance 0-09-1738 Page 2 of 4 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 the carports on Lot 11, Block 1 of the Kingston 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 Elevation Drawing attached 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. No more than two carports shall be permitted and the carports shall remain as shown on Exhibit "C" labeled Building Elevation Drawing and shall meet the following requirements: Carport A (1) The carport shall have dimensions of 12 feet by 24 feet. (2) The carport shall not exceed 288 square feet. (3) The carport shall not exceed 11 feet in height. (4) The carport shall be a minimum of 1.5 feet from the side property line. (5) The carport shall be located within the rear yard of the subject lot and shall not be closer than 15 feet to the rear property line. (6) The carport shall be generally constructed of steel columns and a metal roof. Ordinance 0-09-1738 Page 3 of 4 Carport B (1) The carport shall have dimensions of 20 feet by 24 feet. (2) The carport shall not exceed 480 square feet. (3) The carport shall not exceed 14 feet in height. (4) The carport shall be a minimum of five (5) feet from the side property line. (5) The carport shall be located within the rear yard of the subject lot and shall not be closer than 15 feet to the rear property line. (6) The carport shall be generally constructed of steel columns and a tin roof. b. In the event that any or all carports permitted under this ordinance are destroyed or damaged to an extent of more than 50% of its replacement cost at the time of destruction, this Special Use Permit shall become null and void. c. There shall be no additions allowed to either the carports approved by this ordinance or the accessory building to which they are attached without the approval of a new Special Use Permit by the City Council. d. The carports shall meet all regulations of the Land Development Code, except where amended herein. 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. Ordinance 0-09-1738 Page 4 of 4 Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the day of 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 Location and Zoning Map -Exhibit "A" 066 Q PUDR 6516 AG 65'i 2 6508 6504 1312 65001 AG 6412 X5517 6516 6513 site 12 6509 6508 5505 5504 5501 6500 5417 6416 6413 6412 5409 5408 6405 6404 64x1 5400 PUDR X6517 6513 65D9 `uoc 6505 650t 6417 6413 6409 6405 6401 Site Plan -Exhibit "B" ~~ ~~N ++tr...a~aw~+,snrrl»rno.ri.ara.ar~~.oorasa ts.nnct~y. t.:e.. ~4T 15 LsO ~ ~ 6 ~ ~~ LOT 17 ia-•ss :/ ~t ~~ f st lNp, sta' RECORD 900.OO' ~. EA3. S r " 100. t ~~ ,~l.,n~ x. ~ ~ aS ~ ~ ~" ' ~T ~'~' V •V/ 3 ~q ~, 1. ~ .. ~ "~ r , ~~ ~ ~ ~ ~ ~ lf'F~1~ ' oo ew v o oN oRC ~ LOT 11 a ~ j O ~_~ t 7! ARbVC OROtRO GOpC q y .h r i n S¢ ~ ~~ p D7 ,. L 2 ~' /rt LOT" S O ~` c ~ ~ ~ ti ,., ~ _ . ~ .._ _:._ . r t , 7 +~ ~ ~C 41 RE51 nICE fit" R' . -v.......^ .., ..~. . ;t-'-r-A .y^.__,__=~,`~'+-t~.x,y -~- o _.... t t1 -..~ ~ .~.._ ._ -, ... b q _~ ... ~~' r _. ( cattaa ~ ewa std YFAS. 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T8 y 07-08-04 Building Elevation Drawing -Exhibit "C" Carport B 4.11' [r~ T•.¢m City of Colleyville Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 vrww. co l l e yv i l l e. co m File Number: 0-09-1739 File Number: 0-09-1739 Version: 1 Requester: Community Development Department File Type: Ordinance Agenda Date: 11/17/2009 Agenda No.: 7a Status: First Reading Controlling Body: City Council Final Action: File Name: Approval of amending Ordinance 0-92-880 setting fees and charges for City facilities, Case GC09-018 Attachments: Ordinance 0-09-1739 History of Legislative File Version: Date: Acting Body: Action Text: 11/17/2009 City Council Title Approval of amending Ordinance 0-92-880 setting fees and charges for City facilities, Case GC09-018 Explanation First Reading and Public Hearing The Community Development Department proposes adding fees to the miscellaneous fee schedule where none currently exist. The Community Development Department performed a comprehensive fee survey in 2008 in order to compare current miscellaneous fees charged by the department with similar fees charged by seven neighboring cities. While the survey results reveal most of the fees charged for development related activities are well below the seven city average, staff is not recommending increases to those fees at this time. Given the current economic climate, staff proposes only adding fees to the fee ordinance, based on the survey, where none currently exist in Chapter Two of the Code of Ordinances. Staff proposes conducting another fee survey within two years that, given improved economic conditions, may serve as a guide for future fee increases measured against fees charged by other area cities. The proposed fee increases are as follows: Permit Type Current Proposed Driveway Approach Permit $ - $ 75.00 *Temporary Construction Trailer $ 94.00 $ 100.00 Foundation Repair Permit $ - $ 100.00 *Temporary Use Permit $ 94.00 $ 100.00 City of Colleyville Page 1 Printed on 11/10/2009 Agenda Briefing Continued (0-09-1739) *Temporary Event Permit $ 94.00 $ 100.00 *These fees are currently being charged based on inspection fees set in the 2000 International Building Code ($47.00 per hour x 2) as no standard fee exists in Chapter Two of the Code of Ordinances. Using this method to assess fees is authorized under the Building Code but is not recommended for the assessment of miscellaneous fees. Staff also proposes adding a fee for sidewalk waiver requests and general waiver requests to the Land Development Code and Code of Ordinances. The standard fee charged for all other Community Development variance/waiver requests is $125.00. The application of the fee to sidewalk waivers and general waivers will create a consistent fee for all waiver requests and will ensure labor costs incurred due to staff time spent on processing the waivers are addressed by the new fee. Current Proposed Sidewalk waiver request $ - $ 125.00 General waiver request to a Land Development Code or Code or Ordinances requirement Financial Impact The implementation of these fees will generate an additional revenue of approximately $2,000.00 per year. Recommendation Approval City of Colleyville Page 2 Printed on 11/10/2009 ORDINANCE 0-09-1739 AN ORDINANCE AMENDING ORDINANCE 0-92-880, WHICH SETS FEES AND CHARGES FOR CITY SERVICES AND SECTIONS OF THE CITY OF COLLEYVILLE CODE OF ORDINANCES, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Colleyville charges fees for miscellaneous services and materials as authorized by Ordinance 0-92-880 and it is desirous to update and add to those fees; and WHEREAS, all statutory and constitutional requirements for the passage of this Ordinance have been adhered to, including but not limited to the Open Meeting Act; and WHEREAS, the City Council determines that the passage of this Ordinance is in the best interests of the health, safety and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Sec. 2. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (g) of the City of Colleyville Code of Ordinances shall be revised with the following additions: Driveway Approach Permit ... $75.00 Foundation Repair Permit ... 100.00 Sidewalk Waiver Request General Waiver Request to a Land Development Code or Code of Ordinances Requirement ... 125.00 Sec. 3. THAT from and after the effective date of this Ordinance, Chapter 2 Section 2-26 (g) of the City of Colleyville Code of Ordinances shall be revised with the following revisions: Temporary Construction Trailer ... $100.00 Temporary Use Permit ... 100.00 Temporary Event Permit ... 100.00 Sec. 4. THAT the effective date of this ordinance shall be December 1, 2009. Ordinance 0-09-1739 Page 2 of 2 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 •:~_C.( ~ City of Colleyville 100 Mlain Street ~~,,~ Colleyville, Texas 76034 '""" Agenda Briefing 817.503.1000 www.colleyville.com File Number: R-09-3166 File Number: R-09-3166 Version: 1 File Type: Resolution Agenda Date: 11 /17/2009 Requester: Finance Department Agenda No.: 8a Final Action: File Name: Approval to pass through a water and sewer rate increase received by the City of Colleyville from the Trinity River Authority Attachments: Exhibit A - FY 2010-2014 Projection of Utility Fund Expenses Coverage -Current Rates.pdf Exhibit B - FY 2010-2014 Projection of Utility Fund Expenses Coverage -Proposed Rates.pdf Exhibit C -Water and Sewer Rate Comparison of Surrounding Cities.pdf Resolution R-09-3166. pdf History of Legislative File Status: Resolution Controlling Body: City Council Version: Date: Acting Body: Action Text: 11/17/2009 City Council Title Approval to pass through a water and sewer rate increase received by the City of Colleyville from the Trinity River Authority Explanation Reading and Public Hearing Trinity River Authority (TRA) is the sole provider of the City's treated water and sewer. TRA's Fiscal Year 2010 (FY 2010) budget will go into effect on December 1, 2009. The FY 2010 TRA rate per 1,000 gallons for treated water is $2.27 and the rate per 1,000 gallons for treated sewer is $1.53. The TRA rates for FY 2009 were $2.02 for water and $1.38 for sewer, a $.25 and $.15 increase, respectively. The increases in the rates are due to greater costs for chemicals and debt service for recent TRA debt issuances to fund federal environmental mandates and replacement of aging infrastructure. The City's current water and sewer rate structure is based upon the FY 2009 TRA rates: water at $2.02 per 1,000 gallons and sewer at $1.38 per 1,000 gallons. As a part of the FY 2010 budget discussion, staff informed the City Council a rate increase would be necessary in the event TRA's FY 2010 rates were greater than those in the City's current rate structure. Exhibit "A" is a five year projection of utility fund expenses and coverage for FY 2010-2014 under the current rate structure. Due to the TRA rate increases, the current water and sewer rates do not meet the required debt coverage ratio of 1.20 or the debt coverage ratio needed for the recently approved Capital Improvement Program (CIP). For FY 2010, the projected debt coverage ratio is .49 and does not meet the 1.20 debt coverage ratio required by the bond covenants. When the debt coverage ratio is not met, the rating City of Colleyville Page 1 Printed on 11/13/2009 Agenda Briefing Continued (R-09-3166) agencies can downgrade the ratings on existing revenue bonds and future bonds cannot be sold until the coverage ratio is met. In order to meet the required debt coverage ratio, a water rate adjustment of $0.25 per thousand and a sewer rate adjustment of $0.15 per thousand is needed. Exhibit "B" is a five year projection of utility fund expenses and coverage for FY 2010-2014 under the proposed rate structure. The water rate adjustment of $0.25 replicates the TRA increase as does the $0.15 sewer rate increase. For the FY 2010 budget, Bedford, Euless, Hurst, and Southlake have increased their water and sewer rates and Keller is proposing a water and sewer rate increase in April 2010. Exhibit "C" is a water and sewer rate comparison of surrounding cities. The rates shown on "Exhibit "C" do not reflect the proposed Keller rate increase. Under this proposed water rate increase, Colleyville citizens would pay $5.29 less than the average of the surrounding cities for 15,000 gallons of water. For 10,000 gallons of sewer, Colleyville citizens would pay $8.97 less than the average of the surrounding cities. The monthly increase in the combined bill for 15,000 gallons of water and 10,000 gallons of sewer would be $4.45. This information was presented to the City Council on November 4, 2009 at the Pre Council meeting. Ordinance 0-89-741 allows a direct pass through of rate increases for treated water and sewer by Trinity River Authority to be adopted by resolution. Resolution R-09-3166 proposes the pass through water rate increase of $.25 and the sewer rate increase of $.15 to be effective December 1, 2009. Financial Impact This rate increase will generate sufficient revenue to offset the increase in TRA rates for treated water and sewer. However, due to the debt coverage ratio not being met in subsequent years, the existing water and sewer rate structure will be analyzed. The results of the study will be presented to City Council as a part of the FY 2011 budget review. Recommendation Approval Cify of Colleyville Page 2 Printed on 11/13/2009 FIVE YEAR PROJECTION OF UTILITY FUND EXPENSESICOVERAGE FY 2010 • FY 2014 EXHIBIT A CURRENT RATES ASSUMPTIONS: 100 NEW WATER/SEWER CUSTOMERS ANN UALLY FISCAL YEAR 2010 2011 2012 2013 2014 AVERAGE ANNUAL WATER CUSTOMERS 9,003 9,103 9,203 9,303 9,403 AVERAGE MONTHLY USAGE 21,168 21,168 21,168 21,168 21,168 AMOUNT DERIVED FROM MINIMUM BILL $1,296,432 $1,310,832 $1,325,232 $1,339,632 $1,354,032 AMOUNT DERIVED FROM VOLUME CHARGE $6,699,961 $6,774,380 $6,848,799 $6,923,218 $6,997,637 AVERAGE ANNUAL SEWER CUSTOMERS 8,352 8,452 8,552 8,652 8,752 AVERAGE MONTHLY USAGE 10,100 10,100 10,100 10,100 10,100 AMOUNT DERIVED FROM MINIMUM BILL $861,875 $872,195 $882,515 $892,835 $903,155 AMOUNT DERIVED FROM VOLUME CHARGE $1,639,767 $1,659,401 $1,679,036 $1,698,670 $1,718,305 OPERATING REVENUE: WATER SALES $7,996,393 $8,085,212 $8,174,031 $8,262,850 $8,351,669 INCREASE WATER VOLUME CHARGE $0 $0 $0 $0 $0 SEWER CHARGES $2,501,642 $2,531,596 $2,561,551 $2,591,505 $2,621,459 INCREASE SEWER VOLUME CHARGE $0 $0 $0 $0 $0 WATER INSTALLATION $21,000 $21,000 $21,000 $21,000 $21,000 SEWER INSTALLATION $7,500 $10,000 $10,000 $10,000 $10,000 ENGINEERING AND DEVELOPMENT $20,000 $20,000 $20,000 $20,000 $20,000 PENALTY $167,985 $173,024 $178,215 $183,561 $189,068 SEWER TIE ON REVENUE $5,000 $5,000 $5,000 $5,000 $5,000 MISC REVENUE $12,000 $13,000 $13,000 $13,000 $13,000 TOTAL OPERATING REVENUE $10,731,519 $10,858,832 $10,982,796 $11,106,916 $11,231,197 OPERATING EXPENSES: ADMINISTRATION $215,694 $221,086 $226,614 $232,279 $238,086 BILLING $499,948 $512,447 $525,258 $538,389 $551,849 OPERATIONS $2,135,039 $2,188,415 $2,243,125 $2,299,203 $2,356,684 TRA WATER $5,190,950 $5,248,608 $5,306,266 $5,363,924 $5,421,582 TRA SEWER $1,579,642 $1,598,557 $1,617,471 $1,636,386 $1,655,300 OPERATING TRANSFER $816,297 $839,843 $849,345 $858,847 $868,348 TOTAL OPERATING EXPENSES $10,437,570 $10,608,955 $10,768,078 $10,929,027 $11,091,849 OPERATING INCOME $293,949 $249,877 $214,718 $177,889 $139,348 PLUS NON-OPERATING REVENUE (INT INC) $75,000 $100,000 $100,000 $100,000 $100,000 SEWER IMPACT FEE (TRA PORTION) $75,000 $75,000 $75,000 $75,000 $75,000 NET INCOME $443,949 $424,877 $389,718 $352,889 $314,348 CALCULATION OF AMOUNT AVAILABLE FOR DEBT COVERAGE : ANNUAL DEBT SERVICE 1996 SERIES 1998 SERIES 2002 REFUNDING SERIES 2004 REFUNDING SERIES ANNUAL DEBT SERVICE AMOUNT AVAILABLE FOR COVERAGE RATIO AMOUNT NEEDED FOR COVERAGE RATIO TARGET COVERAGE RATIO-CIP PROGRAM AMOUNT UNDER CIP TARGET $205,885 $203,390 $217,099 $215,498 $270,093 $272,268 $205,866 $199,338 $898,943 $890,494 $443,949 $424,877 $1,078,732 $1,068,593 $1,298,943 $1,290,494 -$854,994 -$865,617 $205,340 $218,483 $273,868 $202,624 $900,315 $389,718 $1,080,378 $1,300,315 -$910,597 $206,660 $206,660 $220,890 $220,890 $274,863 $274,863 $195,723 $195,723 $898,136 $898,136 $352,889 $314,348 $1,077,763 $1,077,763 $1,298,136 $1,298,136 -$945,247 -$983,788 TARGET COVERAGE RATIO 1.20 1.20 1.20 1.20 1.20 FIVE YEAR PROJECTION OF UTILITY FUND EXPENSES/COVERAGE FY 2010 - FY 2014 EXHIBIT B PROPOSED RATES ASSUMPTIONS: 100 NEW WATER/SEWER CUSTOMERS ANNUALLY FISCAL YEAR 2010 2011 2012 2013 2014 AVERAGE ANNUAL WATER CUSTOMERS 9,003 9,103 9,203 9,303 9,403 AVERAGE MONTHLY USAGE 21,168 21,168 21,168 21,168 21,168 AMOUNT DERIVED FROM MINIMUM BILL $1,296,432 $1,310,832 $1,325,232 $1,339,632 $1,354,032 AMOUNT DERIVED FROM VOLUME CHARGE $6,699,961 $6,774,380 $6,848,799 $6,923,218 $6,997,637 AVERAGE ANNUAL SEWER CUSTOMERS 8,352 8,452 8,552 6,652 6,752 AVERAGE MONTHLY USAGE 10,100 10,100 10,100 10,100 10,100 AMOUNT DERIVED FROM MINIMUM BILL $861,875 $872,195 $882,515 $892,835 $903,155 AMOUNT DERIVED FROM VOLUME CHARGE $1,639,767 $1,659,401 $1,679,036 $1,698,670 $1,718,305 OPERATING REVENUE WATER SALES $7,996,393 $8,085,212 $8,174,031 $8,262,850 $8,351,669 INCREASE WATER VOLUME CHARGE $526,676 $532,526 $538,376 $544,226 $550,076 SEWER CHARGES $2,501,642 $2,531,596 $2,561,551 $2,591,505 $2,621,459 INCREASE SEWER VOLUME CHARGE $121,765 $123,223 $124,681 $126,139 $127,597 WATER INSTALLATION $21,000 $21,000 $21,000 $21,000 $21,000 SEWER INSTALLATION $7,500 $10,000 $10,000 $10,000 $10,000 ENGINEERING AND DEVELOPMENT $20,000 $20,000 $20,000 $20,000 $20,000 PENALTY $167,985 $173,024 $178,215 $183,561 $189,068 SEWER TIE ON REVENUE $5,000 $5,000 $5,000 $5,000 $5,000 MISC REVENUE $12,000 $13,000 $13,000 $13,000 $13,000 TOTAL OPERATING REVENUE $11,379,959 $11,514,580 $11,645,853 $11,777,281 $11,908,869 OPERATING EXPENSES: ADMINISTRATION $215,694 $221,086 $226,614 $232,279 $238,086 BILLING $499,948 $512,447 $525,258 $538,389 $551,849 OPERATIONS $2,135,039 $2,188,415 $2,243,125 $2,299,203 $2,356,684 TRA WATER $5,190,950 $5,248,608 $5,306,266 $5,363,924 $5,421,582 TRA SEWER $1,579,642 $1,598,557 $1,617,471 $1,636,386 $1,655,300 OPERATING TRANSFER $833,857 $891,718 $901,805 $911,891 $921,978 TOTAL OPERATING EXPENSES $10,455,130 $10,660,830 $10,820,538 $10,982,072 $11,145,478 OPERATING INCOME $924,830 $853,750 $825,315 $795,209 $763,391 PLUS NON-0PERATING REVENUE (INT INC) $75,000 $100,000 $100,000 $100,000 $100,000 SEWER IMPACT FEE (TRA PORTION) $75,000 $75,000 $75,000 $75,000 $75,000 NET INCOME $1,074,830 $1,028,750 $1,000,315 $970,209 $938,391 CALCULATION OF AMOUNT AVAILABLE FOR DEBT COVERAGE: ANNUAL DEBT SERVICE 1996 SERIES $205,885 $203,390 $205,340 $206,660 $206,660 1998 SERIES $217,099 $215,498 $218,483 $220,890 $220,890 2002 REFUNDING SERIES $270,093 $272,268 $273,868 $274,863 $274,863 2004 REFUNDING SERIES $205,866 $199,338 $202,624 $195,723 $195,723 ANNUAL DEBT SERVICE $898,943 $890,494 $900,315 $898,136 $898,136 AMOUNT AVAILABLE FOR COVERAGE RATIO $1,074,830 $1,028,750 $1,000,315 $970,209 $938,391 AMOUNT NEEDED FOR COVERAGE RATIO $1,078,732 $1,068,593 $1,080,378 $1,077,763 $1,077,763 TARGET COVERAGE RATIO-CIP PROGRAM $1,298,943 $1,290,494 $1,300,315 $1,298,136 $1,298,136 AMOUNT UNDER CIP TARGET -$224,113 -$261,744 -$300,000 -$327,927 -$359,745 TARGET COVERAGE RATIO 1.20 1.20 1.20 1.20 1.20 ACTUAL COVERAGE RATIO 1.20 1.16 1.11 1.08 1.04 PASS THROUGH RATE INCREASES NEEDED TO FUND TRA RATE WATER INCREASE $0.25 ec~n~co uirocnec en ~c WATER AND SEWER RATE COMPARISON OF SURROUNDING CITIES EXHIBIT C WATER RATE COMPARISON OF SURROUNDING CITIES MINIMUM # OF GALLONS BILL FOR RATE PER CUSTOMER CUSTOMER CUSTOMER CITY BILL IN MINIMUM 2,000 GALS 1,000 GALS BILL BILL BILL 10,000 GALS 15,000 GALS 20,000 GALS BEDFORD $15.97 0 $20.99 $2.51 $41.07 $53.62 $66.17 EULESS *' $7.75 0 $12.29 $3.22 ^^ $37.01 $56.31 $76.16 GRAPEVINE $9.75 2,000 $9.75 $2.74 $31.67 $45.37 $59.07 HURST $12.69 2,000 $12.69 $5.08 $53.33 $78.73 $104.13 KELLER ** $20.26 2,000 $20.26 $3.04 ^^ $43.14 $59.04 $74.94 NORTH RICHLAND HILLS $9.30 0 $18.08 $4.54 $54.70 $77.40 $100.10 SOUTHLAKE'* $26.16 2,000 $26.16 $3.25 ^^ $49.92 $67.27 $84.62 AVERAGE $14.55 $17.17 $3.48 $44.41 $62.53 $80.74 COLLEYVILLE CURRENT $12.00 2,000 $12.00 $3.23 $37.84 $53.99 $70.14 VARIANCE IN RATES ($2.55) ($5.17) ($0.25) ($6.57) ($8.54) ($10.60) AVERAGE $14.55 $17.17 $3.48 $44.41 $62.53 $80.74 COLLEYVILLE PROPOSED $12.00 2,000 $12.00 $3.48 $39.84 $57.24 $74.64 VARIANCE IN RATES ($2:55) {$5.17) ($0.00) ($4:57) ($5.29) ($6.10) TIERED WATER ARE IN EFFECT IN THE FOLLOWING CITIES: ** EULESS' WATER RATE IS $2.27 FOR 0-2,000 GALLONS, $3.09 FOR 3,001 TO 8,000 GALLONS, $3.64 FOR 9,000 TO 15,000 GALLONS, $3.97 FOR 16,000 TO 35,000 GALLONS, AND $4.50 FOR ALL USAGE ABOVE 35,000 GALLONS ** KELLER'S WATER RATE IS $2.86 FOR 2,000 TO 10,000 GALLONS, $3.18 FOR 10,001 TO 20,000 GALLONS, $3.61 FOR 20,001 TO 25,000 GALLONS, $4.72 FOR 25,000 TO 40,000 GALLONS, AND $5.15 FOR ALL USAGE ABOVE 40,000 GALLONS ** SOUTHLAKE'S WATER RATE IS $2.97 FOR 2,000 TO 10,000 GALLONS, $3.47 FOR 10,001 TO 25,000 GALLONS AND $3.72 FOR 25,000 TO 40,000, AND $4.22 FOR ALL USAGE ABOVE 40,000 GALLONS ^^ RATES SHOWN ARE THE AVERAGE OF THE TIERED RATE USAGE OF 0-20,000 GALLONS SEWER RATE COMPARISON OF SURROUNDING CITIES CITY MINIMUM # OF GALS BILL FOR RATE PER WINTER CUSTOMER BILL IN MINIMUM 2,000 GALS 1,000 GALS AVERAGE BILL BILL BILLED 10,000 GALS BEDFORD $9.71 0 $12.79 $1.54 Y $25.11 EULESS $6.00 0 $11.08 $2.54 N $31.40 GRAPEVINE $7.80 2,000 $7.80 $3.26 Y $33.88 HURST $9.14 0 $15.00 $2.93 Y $38.44 KELLER $11.85 2,000 $11.85 $2.69 Y $33.37 N RICHLAND HILLS $7.27 0 $12.25 $2.49 Y $32.17 SOUTHLAKE $26.16 2,000 $26.16 $3.00 N $50.16 AVERAGE $11.13 $13.85 $2.64 Y $34.93 COLLEYVILLE CURRENT $8.60 2,000 $8.60 $2.02 Y $22.68 VARIANCE IN RATES ($2.53) ($5.25) ($0.62) ($12.25) AVERAGE $11.13 $13.85 $2.64 Y $34.93 COLLEYVILLE PROPOSED $8.60 2,000 $8.60 $2.17 Y $25.96 VARIANCE IN RATES ($2:53) _ ($5.25) {$O:A7) ($8:.97) RESOLUTION R-09-3166 A RESOLUTION PASSING THROUGH A WATER AND SEWER RATE INCREASE RECEIVED BY THE CITY OF COLLEYVILLE FROM THE TRINITY RIVER AUTHORITY WHEREAS, in Fiscal Year 2010, the Trinity River Authority has increased the cost per thousand gallons of treated water by $.25 and increased the cost per thousand gallons of treated sewer by $.15 to the City of Colleyville; and WHEREAS, under Ordinance 0-89-741, the City Council may by Resolution increase rates proportionately to pass through direct increases by Trinity River Authority for water delivery charges or sewer treatment charges. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec.1. THAT for all customer classes, the rate per thousand gallons of water for all usage greater than 2,000 shall increase from $3.23 to $3.48 effective December 1, 2009. Sec. 2. THAT for all customer classes, the rate per thousand gallons of sewer for all usage greater than 2,000 shall increase from $2.02 to $2.17 effective December 1, 2009. AND IT IS SO RESOLVED. APPROVED BY ABSTENTIONS 2009. ATTEST: A VOTE OF AYES, NAYS AND ON THIS THE DAY OF Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor G~ nr ,~~ City of Colleyville 100 Mlain Street ~' ~ Colleyville, Texas 76034 ~~~~~ Agenda Briefing 817.503.1000 vrww. co l l e yv i l l e. co m File Number: R-09-3167 File Number: R-09-3167 Version: 1 Requester: Office of the City Manager File Type: Resolution Agenda Date: 11/17/2009 Agenda No.: 8b Status: Resolution Controlling Body: City Council Final Action: File Name: A resolution casting votes for electing members to the Tarrant Appraisal District Board of Directors Attachments: Tarrant Appraisal District correspondence dated October 16, 2009.pdf Resolution R-09-3167.doc History of Legislative File Version: Date: Acting Body: Action Text: 11/17/2009 City Council Title A resolution casting votes for electing members to the Tarrant Appraisal District Board of Directors Explanation Reading and Public Hearing The terms of service for the five (5) elected Tarrant Appraisal District (TAD) Board of Directors expire December 31, 2009. Seven nominations have been received from the voting tax entities for candidates to fill these positions for atwo-year term beginning January 1, 2010. Nominees for the 2010-2011 term of the Tarrant Appraisal District Board are: • Jim Austin • Tommy Brown • John Fegan • Michael Glaspie • Gaspare LaDuca • John Molyneaux • Joe Potthoff The Texas Property Tax Code requires votes to be cast in an open meeting by resolution. The City of Colleyville is entitled to 24 votes. All votes may be cast for one candidate or distributed among any number of candidates listed on the official ballot. There is no provision for write in candidates and votes cast for any person other than the candidates listed on the ballot cannot be counted. The deadline for voting is December 14, 2009. At the October 7, 2009 City Council meeting, the City Council nominated John Fegan to Cify of Colleyville Page 1 Printed on 11/10/2009 Agenda Briefing Continued (R-09-3167) serve on the Tarrant Appraisal District Board of Directors per Resolution R-09-3153. Approval of the proposed resolution will cast all 24 votes for John Fegan to serve on the Tarrant Appraisal District (TAD) Board of Directors for atwo-year term beginning January 1, 2010. Financial Impact There is no financial impact to the City. Recommendation Approval City of Colleyville Page 2 Printed on 11/10/2009 TARRANT APPRAISAL DISTRICT 2500 Handle -Ederville Road • Fort Wo-th, Texas 76118-6909. 817 284.0024 Jeff Law y ~ ~ Executive Director Chiel Appraiser October 16, 2009 Mr. David Kelly Mayor City of Colleyville 100 Main Street Colleyville, Texas 76034 Dear Mr. Kelly: The terms of service for the five (5) elected Directors of the Tarrant Appraisal District expire December 31, 2009. The deadline for nominations has passed. Enclosed is a list of nominees for these five (5) positions and an official ballot. The Property Tax Code requires that votes be in an open meeting by resolution. All votes may be cast for one candidate or distributed among any number of candidates listed on the official ballot. There is NO provision for write in candidates. Votes cast for someone other than the candidates listed on the ballot cannot be counted. The deadline for voting is December 14, 2009. You may mail the ballot/resolution or fax to (817) 595-6198. The five (5) candidates receiving the most votes are elected to a two (2) year term beginning January 1, 2010. All tax units will be notified of the results of the election before December 31, 2009. Sincerely, Jeff Law Executive Director Chief Appraiser JL:mm Encl. OFFICIAL BALLOT ELECTION OF MEMBERS OF THE BOARD OF THE TARRANT APPRAISAL DISTRICT We, the governing body of City of Colleyville having been advised by the Chief Appraiser of Tarrant Appraisal District that we are entitled to cast 24 votes collectively or separately for the following nominees for the Board of Tarrant Appraisal District: Mr. )im Austin Mr. Tommy Brown Mr. John Fegan Mr. Michael Glaspie Mr. Gaspare LaDuca Mr. John Molyneaux Mr. )oe Potthoff do hereby resolve and order that City of Colleyville cast and does hereby cast its votes as follows: votes for votes for votes for votes for votes for Passed this ATTEST Presiding Officer Secretary or Clerk, City of Colleyville day of , 2009 IMPORTANT: This ballot should be returned by December 15, 2009 to Jeff Law, Chief Appraiser, Tarrant Appraisal District, 2500 Handley-Ederville Rd., Fort Worth, Texas, 76118 Nominations for Board of Directors 2010 - 2011 Term Mr. Jim Austin Mr. Tommy Brown Mr. John Fegan Mr. Michael Glaspie Mr. Gaspare LaDuca Mr. John Molyneaux Mr. Joe Potthoff Tarrant County Tarrant County City of Colleyville Arlington I.S.D. Kennedale I.S.D. City of Arlington Tarrant County Town of Lakeside Fort Worth I.S.D. Kennedale I.S.D. City of Fort Worth Tarrant County Kennedale I.S.D. City of Arlington City of Fort Worth Tarrant County RESOLUTION R-09-3167 A RESOLUTION CASTING A VOTE FOR ELECTING MEMBERS TO THE TARRANT APPRAISAL DISTRICT BOARD OF DIRECTORS WHEREAS, the City of Colleyville contracts with the Tarrant Appraisal District (TAD) for setting property valuations; and WHEREAS, the City of Colleyville is entitled to cast 24 ballots, collectively or separately for nominees for the Tarrant Appraisal District (TAD) Board of Directors; and WHEREAS, the terms of the elected TAD Board of Directors will begin January 1, 2010. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville casts all 24 votes for John Fegan to be elected to the Tarrant Appraisal District Board of Directors. AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ABSTENTIONS ON THIS THE _ AYES, NAYS AND DAY O F 2009. ATTEST: Cynthia Singleton, TRMC, CMC City Secretary CITY OF COLLEYVILLE David Kelly Mayor err ~ ~ City of Colleyville 100 Main Street Colleyville, Texas 76034 ~~~~~~ Agenda Briefing 817.503.1000 www.colleyville.com File Number: File Type: Report Version: 1 Agenda Date: 11/17/2009 Requester: Office of the City Agenda No.: 10 Secretary File Name: Reports -November 17, 2009 Status: Reports Controlling Body: City Council Final Action: Attachments: Planning and Zoning Commission Minutes -October 12, 2009 History of Legislative File Version: Date: Acting Body: Action Text: 1 11/17/2009 City Council Title Planning and Zoning Commission Minutes -October 12, 2009 City of Colleyville Page 1 Printed on 11/10/2009 City Hall E- ~~, City ~f CO~~eyV~~~e 100 Main Street '~~~~~~,'~ Colleyville, Texas 76034 Minutes -Final 817.503.1000 ,HM•„ www.colleyville.com Planning and Zoning Commission Monday, October 12, 2009 6:15 PM City Council Chambers 6:15 P.M.- PRE-COMMISSION WORKSHOP EXECUTIVE CONFERENCE ROOM, THIRD FLOOR LEGAL BRIEFING BY CITY ATTORNEY REGARDING PLANNING, ZONING, PLATTING, AND LAND USE REVIEW OF REGULAR AGENDA ITEMS DISCUSSION OF PREVIOUS MEETING MINUTES 7:00 P.M. -REGULAR MEETING 1. CALL TO ORDER The Planning and Zoning Commission meeting of the City of Colleyville was called to order by Chairman Byerly on October 12, 2009 at 7:05 p.m. 2. ROLL CALL Present: Commissioners Larry Knox, Dave Dudziak, Scott Redfearn, Michael Clardy, Ron Rotthaus, David Phelps and Jeff Byerly Staff Present: Ron Ruthven, Planning Intern Sarah Coplen, Rob McKeown, Jeremy Hutt and Amy Shelley 3. INVOCATION The invocation was given by Commissioner Redfearn. 4. PLEDGE OF ALLEGIANCE 5. APPROVAL OF MINUTES Commissioner Dudziak moved to approve the September 14, 2009 meeting minutes with the corrections to paragraph 5 on the sixth page; adding a statement from Commissioner Phelps. Commissioner Knox seconded. 6. SWEARING IN OF NEWLY APPOINTED MEMBERS Amy Shelley administered the Oath of Office to the reappointed members: City of Colleyville Page 1 Printed on 11/10/2009 Planning and Zoning Commission Minutes -Final October 12, 2009 7. 8. 9. 10. 10a Approval of a minor plat being 2.4 acres on Tract 1A, Abstract 1248 of the T.J. Polson Survey located at 5016 Bransford Road, Case PC09-011 Ron Ruthven presented the case and briefed the Commissioners. Larry Stewart, the applicant, and Darrel Forsberg, the property owner, came forward to present the case and brief the Commission. Commissioner Redfearn questioned Mr. Forsberg, if two lots can be platted instead of the three? Mr. Forsberg replied three lots would make a better investment to the builders; two lots would be a higher price. Mr. Stewart replied sure, either way works. He stated there are drainage issues currently on the property and three lots would make the drainage easier. Commissioner Phelps questioned Mr. Stewart regarding if the drainage easement on the plat is dependent on something on the property? Mr. Stewart replied the easement is not dependent on the lot. Commissioner Clardy questioned Mr. Stewart how the three lot division David Dudziak, Place 5 Michael Clardy, Place 6 Larry Knox, Place 7 ELECTION OF OFFICERS Commissioner Redfearn moved to nominate Commissioner Byerly for Chairman; Commissioner Dudziak for Vice Chairman and Amy Shelley for Recording Secretary. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly APPOINTMENTS TO THE PARK LAND DEDICATION COMMITTEE Commissioner Phelps moved to nominate Commissioners Dudziak and Clardy to the Park Land Dedication Committee. Commissioner Byerly seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly CITIZEN COMMENTS REGARDING ITEMS NOT ON THE AGENDA None REGULAR AGENDA ITEMS City of Colleyville Page 2 Printed on 11/10/2009 Planning and Zoning Commission Minutes -Final October 12, 2009 could improve the drainage? Mr. Stewart replied thinking it would be a little easier, however, not knowing if there is a big drainage issue. Mr. Forsberg stated one of the neighbors would like to have only one lot next to them rather than two. He stated they are trying to do what the neighbors would like to have. He stated having some high end builders interested if there are three lots. He stated this will increase the tax base. Commissioner Phelps stated this is a request for a minor plat that is not in conformance with the zoning but it's not a request for rezoning. He stated this would be an exception to the zoning. Commissioner Byerly concurred, these lots do not meet the zoning district requirement. He stated this is circumventing the rezoning process; need for the public hearings and notifications. Commissioner Byerly moved to deny case PC09-011. Commissioner Redfearn seconded. The motion to deny carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 11. PUBLIC HEARING AGENDA ITEMS 11 a Approval of a replat for Lots 1 and 2, Block 1, of the Colleyville Presbyterian Church Addition and Lots 1, 2, 3 and 4, Block 3 of the Southgate Addition located at 715, 901 and 909 Cheek Sparger Road and 3805, 3809 and 3815 Wayne Drive, Case PC09-012 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:28 p.m. Kevin Wolf, the applicant, came forward to present the case and brief the Commissioners. There being no one wishing to speak, the public hearing was closed at 7:29 p.m. Commissioner Redfearn moved to approve case PC09-012. Commissioner Rotthaus seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 11b Approval of an amendment to the PUDC-Planned Unit Development City of Colleyville Page 3 Printed on 11/10/2009 Planning and Zoning Commission Minutes - Finat October 12, 2009 Commercial zoning and development requirements on Lots 1, 2R, 3R and 5R of the Winding Creek Addition located in the 6400 and 6500 block of Colleyville Boulevard, Case ZC09-008 Ron Ruthven presented the case and briefed the Commissioners. Commissioner Byerly opened the public hearing at 7:35 p.m. Ray Collins, the applicant, came forward to present the case and brief the Commissioners. Commissioner Byerly questioned Mr. Collins regarding if the original 50 foot buffer is being requested to be reduced to 25 feet? Mr. Collins replied yes, however the buildings are situated and designed so that they are beyond the original 50 foot buffer. Commissioner Phelps questioned Mr. Collins regarding what is the general purpose of the open space area in the middle of the property? Mr. Collins replied the creek that ran through the middle of the property was rearranged and the landscaping for the development will be incorporated in this area to help divide the property. Commissioner Phelps questioned Mr. Collins if the open space in the middle will be used for public use or private tenant uses? Mr. Collins replied they are probably going to set up a commercial HOA within the tenants to maintain the center area where the creek is. Commissioner Dudziak questioned Mr. Collins regarding if only 221 inches of trees are going to be put in and will most of those be used in the creek bed or around the creek? Ron Ruthven stated the 221 inches is the minimum requirement. He stated staff is incorporating that waiver request which was a condition of the waiver granted by the Planning and Zoning Commission last year. He stated they will still have to plant the minimum landscaped trees in front of the buildings and between the buildings. Mr. Collins replied they plan to plant more trees on the lots; same design as the first building that is currently in place. He stated the buildings will also be similar to the one currently in place. Commissioner Dudziak questioned Mr. Collins if he would have any issues with being required to construct an 8 foot masonry fence on the western portion? Mr. Collins replied he would prefer an 8 foot wooden fence. He stated he would prefer to incur the cost of an 8 foot wooden fence as opposed to the masonry. Commissioner Dudziak stated there would be cost savings in the landscape buffer in addition to only having to plant 43 waxed myrtles planted every 15 feet versus every 6 feet. Mr. Collins replied there is argument for that and stated he would agree with the option to be able to come back and mitigate later for the fence. City of Colleyville Page 4 Printed on 11/10/2009 Planning and Zoning Commission Minutes -Final October 12, 2009 Commissioner Rotthaus concurred with Commissioner Dudziak and stated a masonry fence will hold up better over time and will look better. There being no one wishing to speak, the public hearing was closed at 7:40 p.m. Commissioner Dudziak moved to approve case ZC09-008 with an amendment to have an 8 foot masonry fence along the western boundary. Commissioner Rotthaus seconded. Commissioner Phelps made a friendly amendment to retain the original 50 foot buffer to those western neighbors. Commissioner Byerly stated since the neighbors have not objected to the reduction of the buffer, he does not have an issue with the reduction either. The friendly amendment was not accepted as part of the motion. Mr. Collins replied the 8 foot masonry fence will help with the noise of the development and he stated the buildings will be at least 50 feet away from the property line. Commissioner Phelps questioned Mr. Collins regarding if the masonry fence will replace the existing fencing? Mr. Collins replied yes as well as the planting of the wax myrtles. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 11 c Approval of a Special Use Permit for a carport on Lot 11, Block 1, Kingston Addition located at 6509 Ponderosa Lane, Case ZC09-013 Commissioner Byerly recused himself from this agenda item and Vice Chairman Dudziak took his place. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Redfearn questioned staff regarding the property line, is it where the fence line runs? Ron Ruthven replied yes, typically where the fence line runs. Commissioner Dudziak questioned staff regarding if the ordinance is a draft or courtesy ordinance for staff? Ron Ruthven replied the ordinance is written so that if the request is approved, the Commission would approve the draft ordinance. Commissioner Dudziak opened the public hearing at 7:50 p.m. Casey Ryan, the applicant and property owner, came forward to present City of Colleyville Page 5 Printed on 11/10/2009 Planning and Zoning Commission Minutes -Final October 12, 2009 the case and brief the Commissioners. Commissioner Knox questioned Mr. Ryan regarding if the 1.5 on the diagram is in relation to the property line? Mr. Ryan replied yes, the carport is 1.5 feet from the property line. Commissioner Redfearn questioned Mr. Ryan regarding if the accessory building was built when the property was purchased? Mr. Ryan replied yes. Commissioner Redfearn questioned Mr. Ryan regarding if he was unaware that the carports would need to be permitted? Mr. Ryan replied yes, he thought it would be fine to put the covers over his toys. He stated he knew the building needed it, just didn't think the carports did. Commissioner Redfearn questioned Mr. Ryan regarding how did he become aware that permits were needed? Mr. Ryan replied somebody must have called the city. He stated he got a letter and then he came in to ask somebody what he needed to do. James Kniese, 6512 Ponderosa Lane, spoke in opposition to the request and stated the appearance of the buildings are not aesthetically appealing with the neighborhood. Mimi Byerly, 7109 Pebble Hill, spoke in opposition to the request and stated the carports will hurt the resale value of the lots. There being no one wishing to speak, the public hearing was closed at 8:00 p.m. Commissioner Clardy questioned staff if the accessory building complies with the Land Development Code? Ron Ruthven replied the building does comply with the Land Development Code. Commissioner Phelps questioned staff regarding if the accessory building was approved? Ron Ruthven replied yes. He stated there was no final inspection done on the accessory building. He stated he will ensure the final inspection. Commissioner Phelps moved to deny case ZC09-013. Commissioner Redfearn seconded. The motion to deny carried by the following vote: Aye: 6 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps Abstain: 1 -Byerly City of Colleyville Page 6 rnntea vn ~ ~~ ~ ~.~~~~ Planning and Zoning Commission Minutes -Final October 12, 2009 11d Approval of a request for a Special Use Permit for a water pumping station on Lot 1, Block 1 of the Colleyville West Pump Station Addition located at 4602 Bransford Road, Case ZC09-014 Commissioner Byerly returned. Ron Ruthven presented the case and briefed the Commissioners. Commissioner Dudziak questioned staff regarding what is the reason behind giving the Special Use Permit an expiration date of 5 years? Ron Ruthven replied the expiration was extended to give Trinity River Authority (TRA) a larger cushion (more time) to bring in a building permit to build the station. Commissioner Byerly opened the public hearing at 8:06 p.m. Ron Tamada, the applicant and representative for Trinity River Authority, came forward to present the case and brief the Commissioners. Commissioner Dudziak questioned Mr. Tamada if there is funding in place for the station? Mr. Tamada replied yes there is funding. He stated TRA has sold bonds to construct the project, however, there is a reimbursement request that has been submitted to TxDot. He stated they would prefer to save the citizens of Colleyville money by getting the reimbursement funds. Amin Chitsazan, property owner at Colleyville Boulevard and Bransford, stated he would like the time limit to be reduced so that TRA will be forced to move forward so that it will not delay him from developing his property. He stated they will be coming across his property for sewer lines. He stated he would prefer the time limit not be 5 years. Commissioner Dudziak questioned Mr. Chitsazan regarding how he knows that TRA will be coming across his property? Mr. Chitsazan stated TRA has already talked to him about purchasing the right of way for the pipes. He stated they have already negotiated the right of way purchases. He stated it was not much. There being no one wishing to speak, the public hearing was closed at 8:12 p.m. Mr. Tamada, came forward and stated TRA has an existing right of way easement along Colleyville Boulevard that will run to Bransford Road. He stated they purchased an additional 5 feet of right of way width from Mr. Chitsazan because of the relocation of the piping. He stated when they relocate from the current location to the new location the width of the easement was not going to be sufficient for the piping. Therefore, City of Colleyville Page 7 Printed on 7 v7uizuvy Planning and Zoning Commission Minutes -Final October 12, 2009 they purchased additional right of way. He stated he does not think this will prohibit Mr. Chitsazan from developing his property. He stated if he wants to develop, they (TRA and Mr. Chitsazan) will have to coordinate the efforts so that they are not working on top of each other. Commissioner Byerly stated staff has recommended the five year limitation on the SUP. He questioned Mr. Tamada if they anticipate within the next year this project will be done? Mr. Tamada stated they are anxious to move forward and have expected to hear notice from TxDot regarding the reimbursement. He stated they do not anticipate the five years but they are at the mercy of another agency (TxDot). Commissioner Rotthaus questioned Mr. Tamada regarding is the bond issued to pay for the construction of the station? Mr. Tamada replied yes. Commissioner Rotthaus questioned Mr. Tamada regarding if the reimbursement is simply a cost savings to the community but there is nothing financial that is keeping TRA from beginning construction? Mr. Tamada replied one of the conditions of the reimbursement request was that we do not advertise the project for an award contract until TxDot has approved the reimbursement request. Commissioner Dudziak questioned Mr. Tamada if TRA is going to reimburse the property owner if he is impeded in his development, such as if driveways, sidewalks and so forth are destroyed, will those be replaced? Mr. Tamada replied yes. He stated they would restore whatever existing structures are in place at the time of their construction. Commissioner Phelps questioned staff regarding if the five year time limit versus the one year is basically for lessoning the burden on the Commission of having to go back through this same process? Mr. Tamada replied yes and Ron Ruthven replied yes. Commissioner Phelps stated TxDot will move at their own pace, this will not help speed up their process. Mr. Tamada concurred. Commissioner Clardy questioned Mr. Tamada if there is anything that would preclude TRA from acquiring those easements? Mr. Tamada replied they have already acquired the easements from Mr. Chitsazan. Commissioner Dudziak stated the time frame should remain at the one year. He stated if the station is not moving forward during that one year time frame, then the SUP should be reviewed every year until it is completed. Mr. Tamada concurred. Commissioner Dudziak moved to approve case ZC09-014 with a one year time limit on the SUP request as opposed to a five year time limit in City of Colleyville Page 8 Printed on 11/10/2ovs Planning and Zoning Commission Minutes -Final October 12, 2009 the ordinance. Commissioner Knox seconded. The motion carried by the following vote: Aye: 7 -Knox, Dudziak, Redfearn, Clardy, Rotthaus, Phelps, Byerly 12. TABLED AGENDA ITEMS 12a Approval of a request for a zoning change from CC1-Village Retail, ML-Light Manufacturing and PUDC-Planned Unit Development Commercial to PUDC-Planned Unit Development Commercial on Lot R-14-2 in the Colleyville Industrial Park Addition and 1.4 acres located at 6401 and 6405 Colleyville Boulevard, Case ZC09-010 As a request by the applicant, this item will remain on the table. 13. ADJOURNMENT The meeting adjourned at 8:19 p.m. I hereby certify the above agenda was posted on the bulletin boards at City Hall on Friday, October 9, 2009 by 9 a.m. Amy Shelley, Planning and Zoning Assistant The meeting minutes were approved on November 9, 2009. City of Co/leyville Page 9 Printed on 11/10/2009 RESOLUTION R-09-3168 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF NOVEMBER 17, 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: CITY OF COLLEYVILLE Cynthia Singleton, TRMC, CMC David Kelly City Secretary Mayor