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Home My WebLink AboutCity Council-Agenda Packets-1/15/2013 City of Colleyville Page 1 City of Colleyville City Council Agenda City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 15, 2013 City Council Chambers PRE COUNCIL MEETING EXECUTIVE SESSION 5:30 P.M. EXECUTIVE CONFERENCE ROOM THIRD FLOOR CALL TO ORDER PC-1 Discussion of hydraulic fracturing operations at 7504 Pleasant Run Road PC-2 Presentation of the 2012 Annual Crime Report PC-3 Presentation of the Monthly Financial Report - December 2012 PC-4 Discussion of the January 15, 2013, City Council regular agenda items 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Litigation - City of Colleyville v. Mitchell Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay, or expand RESUME REGULAR MEETING 7:30 P.M. CITY COUNCIL CHAMBERS INVOCATION: Pastor Drew Sherman, Compass Christian Church PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City Council Agenda January 15, 2013 City of Colleyville Page 2 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13-3585 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Proclamation commending Girl Scout Kylee Kittrell, in recognition of earning the Gold Award - Mayor David Kelly In recognition of board and committee members for years of service In recognition of Colleyville's featured business - Elixir Salon and Day Maker, 85 Village Lane, Suite 15, Danielle and John Arnett, Owners - Mayor David Kelly and Economic Development Director Marty Wieder 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3586 4a Approval of the minutes of the regular City Council meeting of January 8, 2013 4b Approval of a bid award for the Fiscal Year 2013 (FY 2013) annual purchase of water meters to Texas Products, Inc., in the amount of $80,105.25, and authorize the city manager to execute the contract 4c Approval of an interlocal agreement with Tarrant County for the rehabilitation of Heritage Avenue, from Cheek-Sparger Road to approximately 550' south of Red River Drive, and authorize the city manager to execute the agreement 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-13-1862 Consideration of a request for a Special Use Permit for a donation station on Lot 8A, Block 1, of the Thompson Terrace Addition located at 5117-B Colleyville Boulevard, Case ZC12-027 City Council Agenda January 15, 2013 City of Colleyville Page 3 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-13-1863 Consideration of amendments to Chapter 3 - Land Use, Section 3.24 – Schedule of Permitted Principle Uses of the Land Development Code, Case GC13-001 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3587 Approval of a City/Developer Agreement between the City of Colleyville and Avere Colleyville, L.P. for the Heritage Farms Development, and authorize the city manager to execute the agreement 7b Resolution R-13-3588 Consideration of appointment to the Park Land Dedication Committee 7c Resolution R-13-3589 Consideration of appointments to the Colleyville Tree Board 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA 9. REPORTS Parks and Recreation Advisory Board Meeting Minutes - October 8, 2012 10. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 15, 2013 - Reading and Public Hearing - Resolution R-13-3590 11. ADJOURNMENT I hereby certify this agenda was posted on City Hall bulletin boards Friday, January 11, 2013, by 5:00 p.m. Amy Shelley City Secretary City Council Agenda January 15, 2013 City of Colleyville Page 4 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 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-1 Agenda Date 01/15/2013 Type Pre Council Department Community Development Title Discussion of hydraulic fracturing operations at 7504 Pleasant Run Road Explanation This item provides an opportunity for staff to update the City Council on intended hydraulic fracturing operations on the part of Atlas Resource Partners, L.P. at 7504 Pleasant Run Road. Attachments City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-2 Agenda Date 01/15/2013 Type Presentation Department Police Title Presentation of the 2012 Annual Crime Report Explanation Colleyville experienced another decrease in crime in 2012, helping continue an important aspect of the community's quality of life. Overall, Part 1 Crime reported in 2012, was reduced to its lowest number in over two decades. Colleyville’s success in lowering crime is directly attributable to the men and women of the Colleyville Police Department and our many community partners, including the Citizen Police Academy Alumni Association, Citizens On Patrol (COPS), and other volunteers, neighborhood crime watches, businesses, and alert citizens. The Colleyville Police Department employed a variety of strategies, technology, and crime analysis to develop intelligence, identify problem areas, and quickly deploy resources in a directed fashion to accomplish the reduction. Part 1 Crime reporting is used for crime analysis both locally and statewide through the Uniform Crime Report (UCR). The objective of the Uniform Crime Reporting program is to produce reliable crime statistics for law enforcement administration, operation, and management. This is accomplished through the recording and reporting of the eight (8) Crime Index Offenses (Part 1 Offenses); Murder, Rape, Robbery, Aggravated Assault, Burglary, Theft, Auto Theft, and Arson. Law enforcement agencies report the number of known index crime offenses from their records of complaints from victims, reports from witnesses, and from crimes discovered by the agency during operation. Reports that are determined to be unfounded are eliminated from the totals. The resulting number of “offenses known to law enforcement officials” is reported without regard to whether arrests were made, stolen property recovered, or if prosecution took place. Each month, the Colleyville Police Department prepares and submits specific known crime statistics to the Federal Bureau of Investigations (FBI), through the Texas Department of Public Safety. Although these crime statistics do not reflect all reported crimes, it is what Colleyville and other police agencies around the country are measured against. Crimes not tracked as index offenses include Criminal Mischief, Criminal Trespass, Simple Assault, Forgery, and other property and minor offenses against individuals. City Council Agenda Briefing City of Colleyville Page 2 2012 versus 2011 Crime Comparison In Colleyville, the UCR Part 1 Offense comparison for 2012 versus 2011 reports an overall decrease in property crime. In 2012, there were 32 burglaries compared to 42 in 2011, a 24% decrease. There were 148 thefts reported in 2012 as compared to 150 in 2011, including Auto Thefts, an 8% decrease. Overall property crime decreased 6% in 2012. Violent crimes, which include robbery and aggravated assault, decreased during this time period from nine to five, a drop of 44%. A year-to-year comparison of 2012 to 2011, shows a total of 185 Part 1 Offenses in 2012, compared to 201, in 2011. Overall crime for Colleyville in 2012 declined 8%. There are numerous factors that successfully impacted overall crime in Colleyville and led to the crime reduction in 2012. The core element of our crime reduction was ensuring that our officers are proactively addressing crime rather than reacting to it. Timely and accurate intelligence information is provided to officers and community partners. This information is vital in developing proactive strategies and deployments so that crime trends and patterns are quickly recognized and addressed. Patrol officers are permanently assigned geographic patrol areas, and utilize this intelligence and trend information to guide their activity, which also promotes accountability and expertise of their assigned area. These geographic assignments also allow the officers to develop long-term working relationships with residents and business owners. The department continues to support community partnership programs, such as the Citizens Police Academy and Citizens On Patrol (COPs). These programs represent invaluable crime deterrents and have contributed to the decrease in crime. Citizens on Patrol (COPS) provides an excellent opportunity for our officers and community partners to work hand-in-hand with one another. The citizen volunteers report suspicious incidents, provide traffic control at special events, and provide a visible presence in the high traffic areas of the community. Three Year Crime Trend Analysis (2010 – 2012) A three (3) year crime trend analysis for the City of Colleyville shows an overall decrease in Part 1 Crime from 2010 through 2012 of 39%. This downward trend was the result of impacting property crime. Traditionally, property crime accounts for 93% - 99% of total Part 1 Crime. In late 2012, the Colleyville Police Department began utilizing a crime analysis software tool called TrendCaster. TrendCaster utilizes heat- map technology that visualizes trends in crime over a certain period of time. The color scale of the heat-map ranges from deep blue to bright red with blue indicating declining crime and red indicating increasing crime. The TrendCaster mapping software allows management the ability to visually assess the effectiveness of new policing strategies and determine areas where crime is shifting over time. This is an effective tool, and the department will continue to integrate it into our proactive planning methodology. City Council Agenda Briefing City of Colleyville Page 3 Attachments 1.2012 Annual Crime Report 2012 ANNUAL CRIME REPORT Colleyville Police Department Chief Michael Holder January 15, 2013 WHAT IS UNIFORM CRIME REPORTING? The objective of the Uniform Crime Reporting program is to produce reliable crime statistics for law enforcement administration, operation, and management. This is accomplished through the recording and reporting of the eight (8) Crime Index Offenses (Part 1 Offenses); Murder Rape Robbery Aggravated Assault Burglary Theft Auto Theft Arson 2012 ANNUAL CRIME REPORT Change in Crime -8% Part 1 Crimes 2011 2012 Change Murder 0 0 N/A Rape 0 1 100% Aggravated Assault 5 3 -40% Robbery 4 1 -75% Total Violent 9 5 -44% Burglaries Non-Residential 15 22 47% Residential 27 10 -63% Thefts Burglary of Vehicle 59 65 10% Other Theft 85 80 -6% Auto Theft 6 3 -50% Arson 0 0 N/A Total Property 192 180 -6% Total Part 1 201 185 -8% 2010 – 2012 Part 1 Crime Comparison 0 5 10 15 20 25 30 35 40 45 January February March April May June July August September October November December 2012 2011 2010 2011-2012 CRIME TREND ANALYSIS All Part 1 Offenses 2012 The TrendCaster is a heat-map that shows where crimes are on the rise or decline over a certain period of time. The TrendCaster allows management to visually assess the effectiveness of new strategies and determine areas where crime is shifting over time. The bright red areas depict a concentration of crime and the deep blue represents a dramatic reduction in crime. All Part 1 Offenses 2011 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-3 Agenda Date 01/15/2013 Type Pre Council Department Finance Title Presentation of the Monthly Financial Report - December 2012 Explanation The percentage of current year taxes collected is 62.96%, which is ahead of December 2011 collections. Sales tax revenue received in December was up 12.52% or $24,286 from revenues reported for the same time period last year. Per governmental accounting rules, the December 2012 sales tax allocation is the first month of sales tax revenue recorded in Fiscal Year 2013. This is the fourth consecutive month of increased sales tax revenues as compared to the prior year, and this is the highest December sales tax allocation ever received. Five new residential building permits were issued compared to 13 for the same period last year. Permit revenues currently exceed the budgeted year-to-date projection by $28,806. Revenues from ambulance collections exceed budgeted projections by $7,802 and Colleyville Center's revenues also exceed budgeted projections by $5,200. The average amount expended by the General Fund departments at the end of December is 19.72% of the total appropriation, versus 22.32%, which was projected to be spent. Utility Fund Water usage increased as compared to the amount sold through December 2011. The average amount expended by the Utility Fund departments at the end of December 2012 is 16.17% of the total appropriation, versus 19.26%, which was projected to be spent. Attachments 1.December 2012 Monthly Financial Report MONTHLY FINANCIAL REPORT - DECEMBER 2012 GENERAL FUND RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT FY 2013 AS OF AS OF PROJECTED AS OF CHANGE OVER REVENUE SOURCE BUDGET 12/31/2012 12/31/2012 INCR (DECR)12/31/2011 PRIOR YEAR Current Taxes $10,825,606 $4,858,546 $3,986,960 21.86%$3,852,128 26.13% Delinquent Taxes 72,000 29,479 35,113 -16.05%30,723 -4.05% Penalty & Interest 63,000 8,186 9,885 -17.19%8,944 -8.47% TOTAL AD VALOREM TAXES $10,960,606 $4,896,211 $4,031,958 44.67%$3,891,795 25.81% Oncor Electric $840,000 $0 $0 0.00%$84,133 -100.00% Tri-County Electric 115,000 0 0 0.00%0 0.00% Atmos Gas 335,000 0 0 0.00%0 0.00% AT&T 85,000 21,595 21,250 1.62%21,069 2.49% Verizon/Others 75,000 16,686 15,625 6.79%17,177 -2.86% Refuse/Recycling 145,800 33,459 18,225 83.59%28,253 18.43% Cable TV 378,000 114,581 94,500 21.25%98,036 16.88% TOTAL FRANCHISE TAXES $1,973,800 $186,320 $149,600 9.44%$248,667 -25.07% Sales Tax $2,675,000 $218,263 $202,582 7.74%$193,977 12.52% Mixed Beverage Tax 67,000 17,526 16,750 4.63%16,157 8.48% TOTAL SALES TAX $2,742,000 $235,789 $219,332 8.60%$210,133 12.21% Building $485,768 $128,886 $121,442 6.13%$138,814 -7.15% Plumbing 48,680 12,804 12,170 5.21%17,692 -27.63% Mechanical 28,868 8,375 7,217 16.04%8,513 -1.63% Electrical 37,568 13,063 9,392 39.09%13,629 -4.15% City License 37,372 7,725 9,343 -17.32%8,900 -13.20% Building Plan Review Fee 55,207 29,496 13,802 113.71%13,832 113.24% New Business 3,372 1,081 843 28.23%1,363 -20.69% Sign Permit 5,463 1,560 1,366 14.22%1,365 14.29% Fence Permit 3,500 1,525 875 74.29%975 56.41% Fire Permits 6,500 1,050 1,625 -35.38%1,950 -46.15% Irrigation Permit 13,660 4,731 3,415 38.54%3,486 35.71% TOTAL LICENSES & PERMITS $725,958 $210,296 $181,490 28.97%$210,550 -0.12% Fines $795,000 $171,250 $198,750 -13.84%$193,658 -11.57% Alarm Fees 52,000 12,799 13,000 -1.55%11,975 6.88% Library Fines 20,969 5,573 5,242 6.31%5,067 10.00% TOTAL FINES $867,969 $189,622 $216,992 21.85%$210,700 -10.00% MONTHLY FINANCIAL REPORT - DECEMBER 2012 RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT REVENUE SOURCE FY 2013 AS OF AS OF PROJECTED AS OF CHANGE OVER BUDGET 12/31/2012 12/31/2012 INCR (DECR)12/31/2011 PRIOR YEAR Re-zoning $7,500 $2,485 $1,875 32.53%$3,400 -26.91% Plat Fee/Site Plan 4,000 4,348 1,000 334.75%2,125 -104.59% Board of Adjustment 1,250 500 313 60.00%625 -20.00% Sale of Material 100 7 25 -71.20%14 -48.57% Weed Mowing 6,500 1,610 1,625 -0.92%3,095 -47.98% Ambulance 275,000 76,552 68,750 11.35%82,177 -6.84% Recreation Program 145,000 26,846 24,167 11.09%26,498 1.31% Non-Resident Fee Parks 36,570 20,210 18,285 10.53%17,160 17.77% Field Use Charge 22,500 7,450 7,875 -5.40%10,535 -29.28% Colleyville Center Rental 230,000 62,700 57,500 9.04%46,848 33.84% Lot Drainage Insp Fee 16,875 2,625 4,219 -37.78%4,500 -41.67% TOTAL CHARGES FOR SERVICE $745,295 $205,332 $185,633 27.55%$197,516 3.96% SRO Officer Reimb $89,792 $0 $0 0.00%$0 0.00% Keller Court $216,980 $0 $0 0.00%$0 0.00% TOTAL INTERGOVERNMENTAL $306,772 $0 $0 0.00%$0 0.00% Sale of Surplus Property $10,000 $0 $0 0.00%$6,185 -100.00% Interest Income 35,000 0 0 0.00%5,562 -100.00% Miscellaneous 54,000 32,743 32,419 1.00%29,099 12.52% Use of Available Cash 1,000,000 0 0 0.00%0 0.00% Antenna Lease 70,040 28,571 26,921 6.13%30,103 -5.09% TOTAL MISCELLANEOUS $1,169,040 $61,314 $59,340 5.24%$70,949 -13.58% Transfer from Utility Fd $956,469 $0 $0 0.00%$0 0.00% TOTAL TRANSFERS $956,469 $0 $0 0.00%$0 0.00% TOTAL GENERAL FUND REVENUES $20,447,909 $5,984,883 $5,044,344 29.27%$5,040,311 18.74% MONTHLY FINANCIAL REPORT - DECEMBER 2012 TOTAL PERCENT FY 2013 THROUGH THROUGH INCREASE INCREASE BUDGET 12/31/2012 12/31/2011 (DECREASE)(DECREASE) % OF CURRENT TAX ROLL COLLECTED 99.0%62.96%61.73%1.23%1.99% RESIDENTIAL BLDG PERMITS 132 20 36 (16)-44.44% COMMERCIAL BLDG PERMITS 7 2 0 2 100.00% CITATIONS ISSUED 11,750 1,903 2,767 (864)-31.23% GENERAL FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2013 THROUGH PROJECTED % OF BUDGET BUDGET BUDGET 12/31/2012 EXPENDITURES EXPENDED REMAINING City Council $203,306 $44,106 $44,960 21.69%$159,200 City Manager 600,530 145,959 152,281 24.31%454,571 City Secretary 319,696 80,907 109,128 25.31%238,790 Finance 434,896 122,541 126,692 28.18%312,355 Legal 130,460 10,601 19,072 8.13%119,859 Engineering 393,139 102,023 105,865 25.95%291,116 Economic Development 379,692 53,564 66,905 14.11%326,128 Building Inspection 307,617 78,319 83,112 25.46%229,298 Community Development 238,064 51,805 56,440 21.76%186,259 Fire 4,113,285 1,115,695 1,142,509 27.12%2,997,590 Police 4,197,317 924,508 1,175,858 22.03%3,272,809 Parks 1,388,218 245,100 316,717 17.66%1,143,118 Recreation 309,175 45,541 64,347 14.73%263,634 Senior Center 51,328 3,732 5,015 7.27%47,596 Street Maintenance 3,340,996 226,297 235,433 6.77%3,114,699 Library 717,534 187,777 203,642 26.17%529,757 Communications 142,676 32,810 33,878 23.00%109,866 Colleyville Center 382,537 82,242 127,122 21.50%300,295 Human Resources 237,510 57,154 60,073 24.06%180,356 Municipal Court 411,805 94,163 99,257 22.87%317,642 Fleet Maintenance 227,322 62,460 64,030 27.48%164,862 Building Services 325,559 106,087 110,528 32.59%219,473 Information Services 757,927 159,220 159,383 21.01%598,707 Capital Equipment Reserve 231,000 - - 0.00%231,000 Strategic Initiatives Fund Transfer 200,000 - - 0.00%200,000 Performance Pay 402,751 - - 0.00%402,751 TOTAL EXPENSES $20,444,340 $4,032,610 $4,562,247 19.72%$16,411,730 MONTHLY FINANCIAL REPORT - DECEMBER 2012 UTILITY FUND RECEIVED PROJECTED RECEIPT VS RECEIVED PERCENT FY 2013 AS OF AS OF PROJECTED AS OF CHANGE OVER REVENUE SOURCE BUDGET 12/31/2012 12/31/2012 INCR (DECR)12/31/2011 PRIOR YEAR Water Sales $9,361,814 $2,713,541 $2,846,816 -4.68%$2,431,604 11.59% Sewer Sales 2,884,565 724,752 721,141 0.50%760,313 -4.68% Sewer Installation 7,000 2,000 1,750 14.29%3,200 -37.50% Water Installation 21,000 4,370 5,250 -16.76%6,620 -33.99% Sewer Tie-on Charges 5,000 0 0 0.00%0 0.00% Engineering Charges 5,000 0 0 0.00%0 0.00% Penalties 183,696 56,026 45,924 22.00%72,565 -22.79% Miscellaneous 13,000 4,772 3,250 46.84%3,780 26.24% TOTAL OPERATING INCOME $12,481,075 $3,505,461 $3,624,131 28.09%$3,278,083 6.94% Interest Income $20,300 $0 $0 0.00%$1,123 -100.00% TOTAL NON-OPERATING INCOME $20,300 $0 $0 0.00%$1,123 -100.00% TOTAL INCOME $12,501,375 $3,505,461 $3,624,131 28.04%$3,279,206 6.90% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 12/31/2012 12/31/2011 (DECREASE)(DECREASE) GALLONS OF WATER SOLD 692,469,060 656,655,700 35,813,360 5.45% NUMBER OF WATER CUSTOMERS 9,320 9,160 160 1.75% UTILITY FUND EXPENSES EXPENDED YEAR-TO-DATE FY 2013 THROUGH PROJECTED % OF BUDGET BUDGET BUDGET 12/31/2012 EXPENSES EXPENDED REMAINING Billing 382,501 92,342 $99,829 24.14%290,159 Operations 9,414,733 1,692,651 1,996,438 17.98%7,722,082 Utility Support 661,488 206,151 207,008 31.16%455,337 Debt Service 827,824 500 68,985 0.06%827,324 Merit Adjustment 28,470 0 0 0.00%28,470 Interfund loan repayment 44,286 0 0 0.00%44,286 Transfer to General Fund 956,469 0 0 0.00%956,469 TOTAL EXPENSES $12,315,771 $1,991,644 $2,372,260 16.17%$10,324,127 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number PC-4 Agenda Date 01/15/2013 Type Pre Council Department City Secretary Title Discussion of the January 15, 2013, City Council regular agenda items City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 1 Agenda Date 01/15/2013 Type Executive Session Department City Secretary Title Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Litigation - City of Colleyville v. Mitchell Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay, or expand Attachments RESOLUTION R-13-3585 A RESOLUTION APPROVING CITY COUNCIL ACTION REGARDING EXECUTIVE SESSION ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 15, 2013 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 15TH DAY OF JANUARY 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 3 Agenda Date 01/15/2013 Type Announcements, Proclamations and Presentations Department City Secretary Title Proclamation commending Girl Scout Kylee Kittrell, in recognition of earning the Gold Award - Mayor David Kelly In recognition of board and committee members for years of service In recognition of Colleyville's featured business - Elixir Salon and Day Maker, 85 Village Lane, Suite 15, Danielle and John Arnett, Owners - Mayor David Kelly and Economic Development Director Marty Wieder Attachments 1.Proclamation in recognition of Kylee Kittrell 2.In recognition of board and committee members for years of service In Recognition of Board and Committee Members For Years of Service Colleyville Center Advisory Committee Karen Birkes 2001 – 2012 Joyce Hammill 2010 –2012 Linda Creed 2008 – 2012 Colleyville Events Steering Committee Charles Bethards 2010 – 2012 Charlie Hewitt 2011 – 2012 Letha Siddons 2010 – 2012 Tom Westerman 2000 - 2012 Colleyville Sidewalks Committee Debbie Abitz 2008 – 2012 Vishwajit Bhave 2010 – 2012 David Gillan 2011 – 2012 Carel Tornes 2010 - 2012 Colleyville Tree Board Debbie Abitz 2011 – 2012 Parks and Recreation Advisory Board Debbie Abitz 2008 – 2012 Tevon Taylor 2010 - 2012 Park Land Dedication Committee Tevon Taylor 2011 – 2012 Traffic Safety Advisory Committee Walt Mills 2008 - 2012 Carel Tornes 2009 – 2012 RESOLUTION R-13-3586 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 15, 2013 WHEREAS,City 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 City Council action under Consent Items as follows are hereby adopted: a.Approval of the minutes of the regular City Council meeting of January 8, 2013 b.Approval of a bid award for the Fiscal Year 2013 (FY 2013) annual purchase of water meters to Texas Products, Inc., in the amount of $80,105.25, and authorize the city manager to execute the contract c.Approval of an interlocal agreement with Tarrant County for the rehabilitation of Heritage Avenue, from Cheek-Sparger Road to approximately 550' south of Red River Drive, and authorize the city manager to execute the agreement AND IT IS SO RESOLVED. APPROVED BY A VOTE OF ________ AYES, ________ NAYS, AND ________ ABSTENTIONS ON THIS THE 15TH DAY OF JANUARY 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council DRAFT - Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Tuesday, January 8, 2013 City Council Chambers Mayor David Kelly called the Pre Council meeting of the Colleyville City Council to order on January 8, 2013, at 5:31 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Stan Hall, Michael Muhm, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Parks Superintendent Tim Hightshoe, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley were also present. PC-1 Discussion of the Grapevine-Colleyville Independent School District 83rd Texas Legislative Session agenda City Manager Jennifer Fadden briefed the City Council regarding the Grapevine- Colleyville Independent School (GCISD) Legislative Agenda for the 83rd Texas Legislative Session. Superintendent Dr. Robin Ryan came forward and stated the school board did adopt this Legislative Agenda to show their strength as a public school. Mayor Kelly questioned Dr. Ryan regarding if a payment from the Robin Hood funds was required to be made even though there was $14 million cut from the budget. Dr. Ryan replied yes, $29 million was paid last year and $28 million was paid this year. Councilmember Muhm questioned Dr. Ryan regarding why the $14 million was taken out. Dr. Ryan replied it was taken for a lack of funds from the State revenues. Councilmember Taylor questioned Dr. Ryan regarding what are the most important points, as viewed by the Board? Dr. Ryan replied it is having the ability for local control, as a community, for the type of education for the children, and to be able to present it to the community moving forward. Councilmember Hall questioned Dr. Ryan regarding the number of school districts within the lawsuit. Dr. Ryan replied 800 are involved. City Council DRAFT - Minutes January 8, 2013 City of Colleyville Page 2 Councilmember Hall questioned Dr. Ryan regarding if the 800 includes the districts receiving Robin Hood benefits. Dr. Ryan replied yes. Councilmember Hall questioned Dr. Ryan regarding why those school districts would be fighting it? Dr. Ryan replied the funding formulas are still not fair. Councilmember Muhm questioned Dr. Ryan regarding who agrees to the items such as 45 days of testing. Dr. Ryan replied the Texas Education Agency (TEA) and the Legislature. Councilmember Muhm questioned Dr. Ryan regarding the options for bringing in the $5.4 billion. Dr. Ryan replied the solution options are complicated, but the biggest need is a change in the funding formula, which began when the tax laws changed in 2006. Councilmember Muhm questioned Dr. Ryan regarding if the teachers received step increases. Dr. Ryan replied no and there are no other increases anticipated. Councilmember Taylor questioned Dr. Ryan regarding if there are federal matching monies which follow this. Dr. Ryan replied in certain districts there are more federal dollars tied to the poverty levels. He further explained in the higher poverty levels there are more federal dollars. Councilmember Taylor stated there used to be a true inequality from an infrastructure stand point but the money seemed to keep coming in however it did not change poverty rates. He stated it seems the money is being distributed based on political views. He explained the wealthy districts send out more money while their infrastructure still has to be maintained. He further stated this school district has managed its resources. Mayor Kelly stated the school district has done a better job of getting the information to the people that something has to be done. He further stated it takes City Councils and parents to support resolutions to be presented to Legislation. Councilmember Muhm concurred and stated this school district is doing a good job. He stated being in support of doing something, in the general spirit, to raise the bar, like drafting a letter for the cause. He stated the difficulty is within the solutions. He explained everybody wants more money to do something, but nobody wants to pay more money to do it. Mayor Kelly stated the bigger issue is the local control. He explained local taxes are not being spent on local schools. He stated there will always be inequities. Councilmember Muhm stated there are times when those schools are building larger facilities with our money. Councilmember Hall concurred. City Council DRAFT - Minutes January 8, 2013 City of Colleyville Page 3 Councilmember Short questioned Dr. Ryan regarding the problem with the vouchering system. Dr. Ryan replied they want all children to be a product of their schools. He stated the vouchering system takes public money and gives it to a private institution without any accountability to those tax dollars. Councilmember Muhm questioned Dr. Ryan regarding if the TEA regulates only public schools. Dr. Ryan replied yes, but not a private school, which adopts their own set of guidelines and regulations, nothing set by the State; therefore they should be accountable for those dollars. Mayor Pro Tem Hart stated he did not fully support this 100 percent, but he does support what is being done with the schools. He stated this has been an ongoing issue since 1993 with really no end. Councilmember Hall concurred and questioned Dr. Ryan regarding what is the anticipated outcome of the lawsuit? Dr. Ryan replied the first thing would be adequacy, local control, and accountability. Councilmember Hall questioned Dr. Ryan regarding who will be hearing the case. Dr. Ryan replied a judge, at this point and then immediately appealed to the Texas Supreme Court. Councilmember Muhm questioned Dr. Ryan regarding if this will be a lengthy process. Dr. Ryan replied yes. Councilmember Taylor questioned Dr. Ryan regarding the core issue. Dr. Ryan explained adequacy is different than equity. He stated there are adequate resources to educate every child with the skills and knowledge that it takes to graduate high school and explained the details of passing tests and courses related to funding. He explained the Constitution states a general diffusion of knowledge must be provided in order to graduate. Councilmember Muhm questioned Dr. Ryan regarding if the percentage sent back was closer to 40 percent during the old Robin Hood. Dr. Ryan replied it varied with the enrollment and values. He stated last year it was $29 million and this year it is $28 million. He stated over the life of the Robin Hood funding, GCISD is the sixth largest contributing school district in the State. He stated it has been just under half-a- billion dollars, this school district has sent back to the State. Councilmember Muhm questioned Dr. Ryan regarding if the TEA put the STAAR system in place. Dr. Ryan replied yes, along with the Legislature. Councilmember Muhm questioned Dr. Ryan regarding the rational with putting together these higher testing standards. Dr. Ryan replied the intent was good in order to have the best schools across the nation, but only half of the equation was City Council DRAFT - Minutes January 8, 2013 City of Colleyville Page 4 presented. He explained “they stated this is what we want you to accomplish but they left out how they were going to get you there.” Councilmember Muhm stated that has always been the case, regulations are put in place, with no funds to be able to get there. Councilmember Muhm questioned Dr. Ryan regarding the retirement system. Dr. Ryan replied they are looking at doing away with a defined benefit and going with an individual benefit. Mayor Kelly questioned Dr. Ryan regarding if it will function more like Social Security. Dr. Ryan replied yes. Councilmember Muhm questioned Dr. Ryan regarding what the district matches. Dr. Ryan replied 6.5 percent. Councilmember Short questioned Dr. Ryan regarding the actual dedication to taking the test, what are the pass rates and the consequences of failing? Dr. Ryan replied they do not have the results back from the tests taken last spring. He stated that being one of the drawbacks of this testing. He stated the consequences of failing are that the results are printed in the newspaper and talked about around the district. He further explained the teachers feel their jobs are dependent on those scores. Councilmember Muhm stated it seems even if you have a passing score, they still fail since they are under the minimum bar. Dr. Ryan concurred. Councilmember Taylor stated it appears many people are retiring and leaving trades and students are finding out they do not have to be a college graduate, instead they will use the skills they have been blessed to have naturally. Dr. Ryan stated some things have to be done differently to increase the workers in the workforce in those types of trades and the multiple testing in high school may not be the answer. Councilmember Muhm stated college is not for everyone, but are allowed a suitable lifestyle. Councilmember Hall questioned Dr. Ryan regarding what happens to the student who does not pass the testing. Dr. Ryan stated there are multiple opportunities to retake the tests, which then in turn affect the classroom sizes. Councilmember Wollin stated the various learning styles cannot be accommodated. Councilmember Hall questioned Dr. Ryan regarding the GED option. Dr. Ryan stated that option is almost non-existent. He stated it is still there however, they are limited with just having a GED. City Council DRAFT - Minutes January 8, 2013 City of Colleyville Page 5 Mayor Kelly questioned the City Council members regarding if they would like to draft a general resolution. City Council members concurred. PC-2 Discussion and update on North Texas drought conditions Public Works Director Bob Lowry explained the re-evaluation of the drought conditions from Tarrant Regional Water District. He stated he will keep the City Council updated on the situation given the recent rain conditions. He explained there will be watering restrictions put in place however, it will depend on the rainfall for the spring. Councilmember Muhm stated he would be in favor of a year round water restriction implementation. Director Lowry explained the watering recommendations for lawn irrigation. Councilmember Muhm questioned Director Lowry regarding how fast evaporation occurs. Director Lowry replied not knowing for sure but he could research it for him. Mayor Kelly stated he thought it was a half-inch a day. Councilmember Taylor stated the information in the packet is helpful. Councilmember Muhm questioned Director Lowry regarding the triggering for the restrictions. Director Lowry explained when the reservoirs reach 75 percent the watering restrictions are put in place. PC-3 Discussion of the January 8, 2013, City Council regular agenda items Community Development Director Ron Ruthven presented information for agenda item 7a. Several Councilmembers stated they had very specific questions in which they were going to ask during the public hearing session. Councilmember Wollin questioned Director Ruthven regarding why the name in the resolution is Atlas Resource Partners, L.P. versus Atlas Barnett, LLC. Director Ruthven explained he went with the parent company for the resolution. Mayor Kelly explained the same happened recently with the use of the parent company for another business located in Colleyville, either Walmart or 7-Eleven. Councilmember Taylor questioned Director Ruthven regarding if any of the liability changes? Director Ruthven replied no. Councilmember Hall questioned Director Ruthven regarding if any of the subsidiary companies are affected by the fracking requirements. Director Ruthven replied all of the language reflected the requirements which will remain in place. City Council DRAFT - Minutes January 8, 2013 City of Colleyville Page 6 Mayor Kelly adjourned the Pre Council meeting at 6:25 p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Kelly on December 18, 2012, at 7:13 p.m. ROLL CALL: Mayor David Kelly, Mayor Pro Tem Tom Hart and Councilmembers Carol Wollin, Stan Hall, Michael Muhm, Jody Short, and Mike Taylor were present. City Manager Jennifer Fadden, Assistant City Manager and Chief Financial Officer Terry Leake, Police Chief Mike Holder, Captain Robert Hinton, Economic Development Director Marty Wieder, Parks and Recreation and Library Director Mary Rodne, Public Works Director Bob Lowry, City Engineer Jeremy Hutt, Finance Manager Karen Hines, Community Development Director Ron Ruthven, Communications and Marketing Director Mona Gandy, Parks Superintendent Tim Hightshoe, Information Systems Manager Chris Pena, City Attorney Matthew Boyle, and City Secretary Amy Shelley were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Section 551.071 - Legal - Consultation with attorney on legal issues raised by public hearing or action items on the agenda Section 551.071 - Litigation - City of Colleyville v. Mitchell Section 551.072 - Real Estate - Deliberate the purchase, exchange, lease, or value of real property for City facilities Section 551.074 - Personnel - Deliberate the appointment, employment, evaluation, and duties of the Fire Chief Section 551.087 - Economic Development - Discuss and deliberate commercial and financial information received from business prospects the City seeks to have locate, stay, or expand Mayor Kelly explained the Executive Session had been called in accordance with the Texas Government Code, Chapter 551, Subchapter D, Section 551.071, Legal, Section 551.072, Real Estate, and Section 551.087, Economic Development. He further explained there would be no decisions made or action taken during this time. The meeting was recessed at 6:26 p.m. and reconvened at 7:40 p.m. INVOCATION: Pastor David Fedele, First Baptist Church Colleyville PLEDGE OF ALLEGIANCE: City Attorney Matthew Boyle City Council DRAFT - Minutes January 8, 2013 City of Colleyville Page 7 2. EXECUTIVE SESSION: CONSIDER AND TAKE ANY ACTION(S) NECESSARY RELATIVE TO ITEMS DISCUSSED IN EXECUTIVE SESSION - Resolution R-13- 3581 This resolution was not needed. 3. ANNOUNCEMENTS, PROCLAMATIONS AND PRESENTATIONS Announcements of civic and charitable events Presentation of calendar events and updates Announcements of awards and recognition Mayor Kelly announced the upcoming Open House and State of the City event to be held at Colleyville Center on January 24, 2013 at 6:00 p.m. Mayor Kelly announced the tenth class of the Colleyville Citizen’s Police Academy to start on January 31, 2013. Mayor Kelly announced the seventh class of the Colleyville Citizen’s Fire Academy to start on February 21, 2013. 4. CONSENT: READING AND PUBLIC HEARING - Resolution R-13-3582 4a Approval of the minutes of the Special City Council Meeting of December 17, 2012 4b Approval of the minutes of the regular City Council meeting of December 18, 2012 4c Approval of an exchange of real property in accordance with Chapter 272 of the Texas Local Government Code regarding approximately 10,252 square feet of City owned property in the 200 block of Black Drive, Case GC12-014 4d Approval of a final plat of Lots 1-6, Block 1, of the Black Drive Subdivision on 2.78 acres located at 200 Black Drive, Case PC12-019 Mayor Kelly read Resolution R-13-3582 in its entirety. Councilmember Muhm questioned staff regarding item 4c. Director Ruthven replied this land exchange will allow the developer to incorporate the dead end portion of Black Drive into one of the lots within the subdivision, in exchange for a dedicated portion of Black Drive to then end into a cul-de-sac street. Councilmember Muhm questioned Director Ruthven regarding if the developer will then build the road. Director Ruthven replied yes. City Council DRAFT - Minutes January 8, 2013 City of Colleyville Page 8 Mayor Kelly opened the public hearing at 7:48 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:48 p.m. Councilmember Hall moved to approve Resolution R-13-3582. Councilmember Wollin seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5. ORDINANCE(S): SECOND READING AND PUBLIC HEARING 5a Ordinance O-12-1860 Approval of amendments to Chapter 9-Subdivision Design and Public Facilities in the Land Development Code Mayor Kelly read the caption of Ordinance O-12-1860 in its entirety. Mayor Kelly opened the public hearing at 7:49 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:49 p.m. Councilmember Muhm questioned Mayor Kelly regarding if this will allow applicants an avenue to appeal the decision made by the Planning and Zoning Commission regarding sidewalks. Mayor Kelly replied yes and explained the appeal process. Councilmember Wollin questioned staff regarding the ten day window to appeal, are those ten straight calendar days? Director Ruthven replied yes. Councilmember Wollin questioned staff regarding how the applicants who requested sidewalk waiver requests considered by the Planning and Zoning Commission between March 3, 2009 and December 18, 2012 will be notified. Director Ruthven replied staff will notify each applicant by regular mail of the specifics of the ordinance. He stated they would also send emails to those applicants. Mayor Kelly moved to approve Ordinance O-12-1860. Mayor Pro Tem Hart seconded the motion. City Council DRAFT - Minutes January 8, 2013 City of Colleyville Page 9 The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 5b Ordinance O-12-1861 Consideration of a request for an amendment to the PUD-C-Planned Unit Development Commercial zoning and development requirements on Lot 1A, Block 1, of the Highland Acres Addition located at 412 Timberline Drive North, Case ZC12-026 Mayor Kelly read the caption of Ordinance O-12-1861 in its entirety. Mayor Kelly opened the public hearing at 7:52 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:52 p.m. Councilmember Muhm questioned staff regarding the qualifications for the golf cart and does it have to be registered. Mayor Kelly stated it has to comply with the State Transportation Code and Director Ruthven concurred and further stated there are no licensing requirements. Mayor Kelly moved to approve Ordinance O-12-1861. Councilmember Hall seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 6. ORDINANCE(S): FIRST READING AND PUBLIC HEARING 6a Ordinance O-13-1862 Consideration of a request for a Special Use Permit for a donation station on Lot 8A, Block 1, of the Thompson Terrace Addition located at 5117-B Colleyville Boulevard, Case ZC12-027 Mayor Kelly read the caption of Ordinance O-13-1862 in its entirety. Director Ruthven presented the agenda item and briefed the City Council. Mayor Kelly opened the public hearing at 7:55 p.m. City Council DRAFT - Minutes January 8, 2013 City of Colleyville Page 10 There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:55 p.m. Councilmember Muhm questioned staff regarding if the parking is paved. Director Ruthven replied yes. Mayor Kelly questioned staff regarding if the west side entrance will be moved to the north side of the building. Director Ruthven replied yes. 7. RESOLUTION(S): READING AND PUBLIC HEARING 7a Resolution R-13-3583 Consideration of approval for a change in ownership from Titan Operating, LLC, to Atlas Resource Partners, L.P., per the requirements of Section 3.1- 145(E) 2 of the Land Development Code, for the gas well site located at 7504 Pleasant Run Road, authorized by Special Use Permit Ordinance O-10-1779 Mayor Kelly read Resolution R-13-3583 in its entirety. Director Ruthven presented this agenda item to the City Council. Mayor Kelly opened the public hearing at 7:59 p.m. There was no one present wishing to speak concerning this item and Mayor Kelly closed the public hearing at 7:59 p.m. Joel Heiser, General Counsel, Atlas Resource Partners, L.P., came forward to answer any questions. Councilmember Muhm questioned Mr. Heiser regarding the progression from Titan to the company it is now. Mr. Heiser explained a transaction occurred in July 2012 between the Titan entity with a merger sub and then eventually changed the name to Atlas Barnett, LLC, which is the entity now that holds all of the assets that Titan Operating previously held. Councilmember Muhm questioned Mr. Heiser regarding if the decisions are all being made locally. Mr. Heiser replied yes, and the President of Atlas Barnett, LLC is Mark Schumacher. Councilmember Muhm questioned Mr. Heiser regarding an update on the pipeline. Mr. Schumacher, President, Atlas Barnett, LLC, 111 West Fourth, #300, Fort Worth, Texas, replied they are continually engaged with Texas Midstream, which used to be a subsidiary of Chesapeake, however; in 2012 they became a separate company owned by Access. He further explained they are working with Access regarding the route of the pipeline, and the technical drawings to present to the surrounding cities with hopes to bring something to the cities around April or May of 2013. City Council DRAFT - Minutes January 8, 2013 City of Colleyville Page 11 Mayor Kelly clarified with staff that this is a name change only and will not affect the permit for the gas well itself and the liability will remain with the current owners. Director Ruthven replied correct. Councilmember Taylor questioned Mr. Schumacher regarding the time frame for fracking. Mr. Schumacher replied the time frame would be during February 2013. Councilmember Taylor stated this would take place during the construction of the roundabout, why now? Mr. Schumacher replied the roundabout was originally scheduled for a summer completion. He explained they have a time line they have to meet in order to move the project along for the completion of the wells. He further stated they will work with City staff regarding the truck transportation of this project. He stated the trucks will only move in one time and then will move out. Councilmember Taylor expressed his wishes to City Manager Jennifer Fadden to keep the City Council updated on the project. City Manager Fadden concurred. Councilmember Muhm questioned staff regarding the last time the wells were fracked. Director Ruthven replied February of 2012. Councilmember Muhm questioned staff regarding if any unresolved issues remain regarding any procedures and processes that are currently in place, from the last time the wells were fracked. Director Ruthven replied all regulations within the ordinance were adhered to, particularly to air and water qualities. He further explained no violations of City, State, or Federal regulations occurred. Councilmember Muhm questioned Mr. Schumacher regarding how the gases and fluids will be contained during the fracking process. Mr. Schumacher explained the fracking process and how the well bores would then be capped. Councilmember Muhm questioned Mr. Schumacher regarding if this will then complete the fracking at this site. Mr. Schumacher replied there will be more fracking needed at this site. Councilmember Muhm questioned Mr. Schumacher regarding if there will be walls installed for this fracking. Mr. Schumacher replied this fracking process will only take three days; therefore they will install 16 foot sound blankets but not a duplicate wall. Councilmember Muhm questioned Mr. Schumacher regarding if the fracking will continue for three days, 24 hours a day. Mr. Schumacher replied it will not be continual for 24 hours; it will be daytime hours only, 7 a.m. to 7 p.m. Councilmember Muhm questioned Mr. Schumacher regarding the water to be used. Mr. Schumacher replied there are holding tanks on site that are fed by water wells on site. City Council DRAFT - Minutes January 8, 2013 City of Colleyville Page 12 Councilmember Muhm questioned Mr. Schumacher regarding a transportation plan. Mr. Schumacher replied there is an existing transportation plan that has not changed, but that he is willing to work with staff regarding the construction site at the roundabout location. Councilmember Muhm questioned Mr. Schumacher regarding if the construction on SH26 will impact this project. Director Ruthven explained 20 trucks are allowed on site per day. Chris Hammack, Regional Vice President, Operations, Atlas Resource Partners, L.P., replied this will be the same operation as the fracking done last year. He stated the construction on SH26 will not have an effect on this project. Councilmember Muhm questioned staff regarding if all of the precautionary items will be in place, just as before when fracking was done last year, such as sound walls, security, and so forth. Director Ruthven replied yes. Mayor Kelly moved to approve Resolution R-13-3583. Councilmember Short seconded the motion. The motion to approve carried by the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA David Mullins, 5904 Bettinger Drive, spoke regarding the persistent drainage concerns, and further stated he has not had any response from City staff regarding his drainage issues. 9. ACTION/RESOLUTION: DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR JANUARY 8, 2013 - Reading and Public Hearing - Resolution R-13-3584 This resolution was not needed. 10. ADJOURNMENT There being no further business before the City Council, Councilmember Muhm moved to adjourn, and Councilmember Wollin seconded the motion. The motion carried with the following vote: Aye: 7 - Mayor David Kelly, Mayor Pro Tem Tom Hart, and Councilmembers Carol Wollin, Michael Muhm, Stan Hall, Jody Short, and Mike Taylor City Council DRAFT - Minutes January 8, 2013 City of Colleyville Page 13 Mayor Kelly adjourned the City Council meeting at 8:16 p.m. APPROVED BY A VOTE OF ____ AYES, ____NAYS, AND ____ ABSTENTIONS ON THIS THE 15TH DAY OF JANUARY 2013. Minutes taken and prepared by: Amy Shelley City Secretary City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4b Agenda Date 01/15/2013 Number Resolution R-13-3586 Type Resolution Department Public Works Title Approval of a bid award for the Fiscal Year 2013 (FY 2013) annual purchase of water meters to Texas Products, Inc., in the amount of $80,105.25, and authorize the city manager to execute the contract Explanation Reading and Public Hearing In conjunction with the adoption of the City's first Water Conservation and Emergency Water Demand Management Program on May 3, 1994, the City Council approved a program for the annual replacement of ten percent (10%) of the City's water meters, sized one inch or less, resulting in a replacement cycle of ten years. On April 17, 2012, City Council approved attached Resolution R-12-3487, awarding the Fiscal Year 2012 (FY 2012) water meter contract to Texas Water Products, Inc., the low bidder, per the attached bid tabulation. The bid was structured so as to provide for two additional one-year contracts for water meters, at no increase in cost, and subject to mutual agreement between the bidder and the City. Approval of this resolution would exercise the first option year for the contract and provide for the Fiscal Year 2013 purchase of water meters. Financial Impact Funds are available in the FY 2013 Utility Fund Public Works operating budget in line item account 002-61-10-6654, water meter and fire plug replacment. Recommendation Approve Attachments 1.Resolution R-12-3487 2.Bid Tabulation City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 4c Agenda Date 01/15/2013 Number Resolution R-13-3586 Type Resolution Department Public Works Title Approval of an interlocal agreement with Tarrant County for the rehabilitation of Heritage Avenue, from Cheek-Sparger Road to approximately 550' south of Red River Drive, and authorize the city manager to execute the agreement Explanation Reading and Public Hearing The City of Colleyville proposes to partner with Tarrant County in Fiscal Year 2013 (FY 2013) to perform the rehabilitation of Heritage Avenue from Cheek-Sparger Road to approximately 550' south of Red River Drive. The City has previously worked with Tarrant County on similar roadway rehabilitation projects, and each project was completed at a considerable cost savings to the City. The following chart shows a summary of the past four projects that have been completed in conjunction with Tarrant County. Fiscal Year Street Name Project Value City Cost Savings % FY08 Plantation Drive $360,000 $233,000 35% FY09 Saddlebrook Drive $360,000 $219,000 39% FY10 Cheek-Sparger Road $353,000 $185,000 48% FY11 Brown Trail $387,000 $264,000 32% FY12 Jackson Road $220,000 $125,000 43% The County will provide the labor and equipment necessary to reconstruct the roadway, and the City is responsible for the cost associated with the following items: materials, construction materials testing, traffic control (including barricades to redirect traffic flow to alternate lanes during the construction) and dump fees at an offsite landfill facility for waste materials generated during the project. The street improvements will include reclamation of the existing roadbed materials, stabilization of the road base with slurry cement, regrade and the placement of a 4-inch asphalt surface. The City will follow the standard process of providing traffic control during the reconstruction, and is recommending the street be closed to through traffic for the duration of construction. The overall value of the proposed street improvements is approximately $290,000, with the City's share of the cost for materials, milling, testing, and traffic control estimated to be approximately $125,000. By utilizing the Tarrant County Interlocal Agreement to perform this work, the City is saving approximately 57 percent, versus City Council Agenda Briefing 4c City of Colleyville Page 2 the same work being performed by a contractor hired directly by the City. The project is estimated to take approximately six (6) weeks to complete and is estimated to start in mid-March 2013. The section of Heritage Avenue that will be constructed as part of this agreement will be north of Cheek-Sparger Road to approximately 550' south of Red River Drive; approximately 3,000 feet total. This section of roadway is in need of complete rehabilitation, and has numerous base failures and surface distresses that prevent any type of basic maintenance from being a viable option. This rehabilitation project will result in the reconstruction of Heritage Avenue from Cheek-Sparger Road to the existing concrete pavement at Red River Drive. This agreement is consistent with the City's annual street rehabilitation and maintenance program. The attached Interlocal Agreement with Tarrant County allows for the reconstruction of a City street without incurring the full cost of the project. If approved by the City Council, the Interlocal Agreement will be forwarded to the Tarrant County Commissioners Court for approval at the next available meeting. Financial Impact Funding is available from the Fiscal Year 2013 Street Maintenance Budget. Recommendation Approve Attachments 1.Interlocal Agreement 2.Heritage Aveune Photos 1 THE STATE OF TEXAS INTERLOCAL AGREEMENT COUNTY OF TARRANT BACKGROUND This Interlocal Agreement is between County of Tarrant (“COUNTY”), and the City of Colleyville (“CITY”); Sections 791.001 – 791.029 of the Texas Government Code provide legal authority for this Agreement; During the performance of the governmental functions and the payment for the performance of those governmental functions the parties will make the performance and payment from current revenues legally available to that party; and The Commissioners Court of the COUNTY and the City Council of the CITY each find: a. This Agreement serves the common interest of both parties; b. This Agreement will benefit the public; c. The division of costs fairly compensates both parties to this Agreement; and d. The CITY and COUNTY have authorized their representative to sign this Agreement. The Parties therefore agree as follows: TERMS AND CONDITIONS 1. COUNTY RESPONSIBILITY COUNTY will furnish the labor and equipment for the following project: Heritage Avenue from Cheek-Sparger Road to the Euless City Limits: COUNTY will remove trees in the R.O.W., trim back brush, clean the drainage ditches, reclaim and recycle existing roadbed materials, remove excess material, incorporate a stabilization agent of the CITY’S choice, re- grade and place a two-inch HMAC binder layer and a two-inch HMAC surface (approximately 2,922 linear feet). 2. CITY RESPONSIBILITY 2.1 CITY will furnish all materials for the project and pay trucking charges. 2 2.2 CITY will furnish a site for dumping waste materials generated during this project. 2.3 CITY will furnish all rights of way, plan specifications and engineering drawings. 2.4 CITY will furnish necessary traffic controls including Type A barricades to redirect traffic flow to alternate lanes during the construction phase of the project. 2.5 CITY will provide temporary driving lane markings. 2.6 CITY will coordinate and be responsible for the replacement of all signal related devices if necessary. 2.7 CITY will provide the COUNTY with a hydrant meter and all the water necessary for the project at no cost to the COUNTY. 2.8 CITY will adjust all utilities, manholes and valve boxes. 2.9 CITY will assist with the removal and cleanup of the trees and brush. 3.0 CITY agrees the road can be closed during working hours. 3.1 CITY will pay for one-half of the fuel used on this project. 3. PROCEDURES DURING PROJECT COUNTY retains the right to inspect and reject all materials provided for this project. If the CITY has a complaint regarding the construction of the project, the CITY must complain in writing to the COUNTY within 30 days of project completion. Upon expiration of 30 days after project completion, the CITY becomes responsible for maintenance of the project. 4. NO WAIVER OF IMMUNITY This agreement does not waive COUNTY rights under a legal theory of sovereign immunity. This agreement does not waive CITY rights under a legal theory of sovereign immunity. 5. OPTIONAL SERVICES 5.1 If requested by CITY, the COUNTY may apply permanent striping; 5.2 If necessary, COUNTY may furnish flag persons; 5.3 If required, the CITY will pay for engineering services, storm water run-off plans, and continuation of services and plan; 6. TIME PERIOD FOR COMPLETION CITY will give the COUNTY notice to proceed at the appropriate time. However, COUNTY is under no duty to commence construction at any particular time. 3 7. THIRD PARTY The parties do not enter into this contract to protect any specific third party. The intent of this contract excludes the idea of a suit by a third party beneficiary. The parties to this agreement do not consent to the waiver of sovereign immunity under Texas law to the extent any party may have immunity under Texas law. 8. JOINT VENTURE & AGENCY The relationship between the parties to this contract does not create a partnership or joint venture between the parties. This agreement does not appoint any party as agent for the other party. 9. EFFECTIVE DATE This agreement becomes effective when signed by the last party whose signing makes the agreement fully executed. CITY OF COLLEYVILLE COUNTY OF TARRANT ____________________________ ___________________________ B. Glen Whitley, County Judge Date: ___________________ Date: ______________________ ___________________________ Gary Fickes, Commissioner Pct 3 Date: ______________________ Attest: Attest: _______________________________ ___________________________ 4 APPROVED AS TO FORM APPROVED AS TO FORM _______________________________ ____________________________ City Attorney Assistant District Attorney By law, the District Attorney’s Office may only advise or approve contracts or legal documents on behalf of its clients. It may not advise or approve a contract or legal document on behalf of other parties. Our review of this document was conducted solely from the legal perspective of our client. Our approval of this document was offered solely for the benefit of our client. Other parties should not rely on this approval, and should seek review and approval by their own respective attorney(s). Heeritage A Janua Avenue ry 10, 20 Photos 013 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 5a Agenda Date 01/15/2013 Number Ordinance O-13-1862 Type Ordinance Department Community Development Title Consideration of a request for a Special Use Permit for a donation station on Lot 8A, Block 1, of the Thompson Terrace Addition located at 5117-B Colleyville Boulevard, Case ZC12-027 Explanation Second Reading and Public Hearing There were no speakers regarding this request at the January 8, 2013 meeting. First Reading and Public Hearing Goodwill Industries has applied for a Special Use Permit (SUP) to continue the use of the existing donation station located at 5117-B Colleyville Boulevard, and allow for the increase in their current space by 360 square feet. Charitable Donation Station Use. The City Council approved the addition of a charitable donation station use to the Schedule of Principal Permitted Uses in the Land Development Code on February 5, 2008 under attached Ordinance O-08-1656. A charitable donation station use is contingent upon the approval of a SUP only in the CC1-Village Retail, CC2-Shopping Center and CC3-Highway Commercial zoning districts. Existing Conditions. This subject property is located on the corner of Colleyville Boulevard and Thompson Terrace. Goodwill has operated a donation station at this address for approximately ten years. The property owner has reconstructed the existing commercial building, realigned the parking lot areas and has updated the building façade, including creating new entrances on the northern side of the building. The applicant would like to relocate the entrance to the new northern entrances for safety of the customers, especially when Colleyville Boulevard is widened. Included in the Statement of Planning Objectives is a rendering of the proposed entrance. The existing donation station use is a principle use only and, therefore, does not permit drop boxes, kiosks or trailers that are typically seen in the parking lots of existing businesses of other area cities. Staff has placed a provision in the proposed ordinance that there shall be no drop boxes, kiosks or trailers permitted. As noted above, the use of a charitable donation station requires an SUP. Currently, the Goodwill location does not have an SUP for this use, as the business was located in City Council Agenda Briefing 5a City of Colleyville Page 2 this space prior to the SUP requirement being added to the Land Development Code. Therefore, it currently operates as a legal non-conforming use. Given the proposed expansion of the business by the applicant, the use must meet all requirements for commercial principle uses described in the Land Development Code and the building code in addition to conditions and requirements included as part of the SUP. Surrounding Properties. The surrounding properties are a mixture of office, retail, and restaurant uses and are all zoned CC1-Village Retail. Public Notification. Staff notified 19 property owners within 200 feet as well as all Homeowners Associations within 500 feet of the subject property regarding this request. Notice was published in the Fort Worth Star-Telegram as required by state law and the Land Development Code. Staff has received no correspondence regarding this request. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission recommended approval of this request at the December 10, 2012 meeting by a vote of 6-0. Summary. The proposed zoning change is in compliance with the Future Land Use Plan, which designates the subject property as a future retail development area and is consistent with the surrounding zoning designations. Although the proposed use will not generate sales or property tax revenue for the City, staff recommends approval with the conditions in the proposed ordinance. Financial Impact There is no financial impact to the City. Recommendation Approval with the following conditions: a. This Special Use Permit shall only apply to the use of a Goodwill Industries charitable donation station on the subject property. b. There shall be no overnight parking of any tractor-trailers or trailers on the property. c. There shall be no outside storage of any items on the property. d. Donated items shall not be placed outside of the building at any time and must be stored within the building immediately upon drop-off. e. There shall be no donation kiosks or other related donation structures independent of the main structure located on this property. f. The Special Use Permit shall automatically expire upon the abandonment of the City Council Agenda Briefing 5a City of Colleyville Page 3 business, change in use, a change in ownership, or upon the expiration or termination of the Certificate of Occupancy for the approved use. Attachments 1.Location and Zoning Map 2.Notification List 3.Buffer Map 4.Statement of Planning Objectives 5.Site Plan 6.Ordinance O-08-1656 7.Ordinance O-13-1862 Location and Zoning Map Site CC1 CC1 PUDC R20 AG PUDC OWNER NAME OWNER ADDRESS OWNER CITY OWNER STATE OWNER ZIP SITUS ADDRESS Gibson, Norman C Etux Doris A 113 Timberline Dr S Colleyville TX 76034 005117 Colleyville Blvd Bojku, Afrim 5309 Collyville Blvd Colleyville TX 76034 005150 Colleyville Blvd Seeley, Gerald D 35 Piazza Ln Colleyville TX 76034 000035 Piazza Ln #38 110 Pleasant Run Holdings Llc 5115 Collyville Blvd Colleyville TX 76034 005115 Colleyville Blvd McNosky, Anthony T 5108 Pleasant Run Rd Colleyville TX 76034 005108 Pleasant Run Rd Buchwald, Rudolph W III 1309 Ashford Ct Colleyville TX 76034 005101 Colleyville Blvd Gibson, Norman C Etux Doris A 113 Timberline Dr S Colleyville TX 76034 005104 Thompson Terr Buchwald, Rudolph W III 1309 Ashford Ct Colleyville TX 76034 005025 Colleyville Blvd Corvette Property Leasing Lp 1908 Stratton Ct Colleyville TX 76034 005017 Colleyville Blvd Village Monticello Prtns Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000014 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000012 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000017 Main St Village Management Ltd 8333 Douglas Ave Ste 110 Dallas TX 75225 000013 Main St Bbtt LLC 6308 Remington Pkwy.Colleyville TX 76034 5100 Thompson Terrace Joseph Sides 2911 Compton Rd.Nashville TX 37215 5109 Thompson Terrace Joseph Sides 2911 Compton Rd.Nashville TX 37215 5113 Thompson Terrace Joseph Sides 2911 Compton Rd.Nashville TX 37215 5117 Thompson Terrace Colleyville Terrace Salon PO Box 337 Colleyville TX 76034 5201 Colleyville Blvd. Beam Real Estate Llc 14455 Webb Chapel Rd Farmers Branch TX 75234 005200 Colleyville Blvd Goodwill Industries of Ft. Worth 4005 Campus Drive Fort Worth TX 76119 applicant Public hearing notices were mailed on Nov. 21, 2012 by Amy Shelley Notification List Buffer Map Statement of Planning Objectives Site Plan Current Space U c 0 0 a m J x U QYQ C7 N V N r M l17 f4C lDC NC toN 0C f0C f0C f0C N NLLa~L t0 H N ~N V' (~ =M W M W W N M M N M O N C V N J r NN 1W N y ZOO y N h NN c NO v~to Z Od0 y C a`HW a a a y a y y W21 v~a a c cn a a cn a y o 421 a a h a a cn a v~v>cn d a S 621 a cn a a v>a cn o m ea OZ21 a cn a a cn a h cn y a 0£21 0.v~a a v>a cn v~v~cn y N Ob21 a a a cn a v~a cn v~cn 00 321 a cn a a y a a rn a a a cn N Od a cn a v~a s a a a a cn cn cn ri m o U N V o w 0 Z w N U OV w O C q/M C N N N N N C C to0 p m m 3 m 3 U v a~'i w N d y W c a c c C~O N U 0 0 t t 7 i U J f0 y N N Y y N C N N 0 N C U 0 Q N r 7 lL w N N O N N J U N fD V Q N m N p W 7 C Q m C y a T W l.L O 0 O fq voi r C N ti O N Nx a s C U O y C y V w o a~m W' E p N N J CU N c o U o p a~U U m o a~C7 Q m v N r~ m m a M a~ a t U a U a~ a 0 m m a c m J a~ U a~ aLO N N N C N N N N N M Ma~ G7 N N 'O d 'C a M C N J ~ l W v~v~v~v~cn a a a a a a a a a cn c~v~a a a 00 vi c~v~v~a a a a aa a a a v>v~v~a aa a c ZOO v~cn v~v~a s a a a aa aa v~cn v~a s a a N v 400 y h h a a a a a a a aa v~v~cn aa a a c~ O NO h a a a a aa a a a a cn cn cn a s a a C.Z c Od0 v~c~v~v~a a a a aa a aa cn v~cn a s a a a H W cn y y cn y a a aa a s v~cn cn a s a W21 v~tq cn v>cn a a a a a s cn y cn a s a a21 v~vi c~v~v~a a a a a a tq cn v~aa a d a S 421 v~v~tq tq v~a aa a a s v~t~v~a a a o m a r OZ21 v~us tq v~cn a a a a a s cn vs cn aa a 0£21 y v)tq v~c~a a a a a s vi v~tq a s a m s N Oti21 v~v~v~v~v~a a a a a s cn y h a a a 00 321 y y cn a a a a a s cn v~v~a a a N Od y a a a a a s cn v~v~a a a ri m F yr w o v C O m v o v M Q 2 a~c o LL 0 o Z Z'o a>0 3 Q n c v cri N N O H c a o m p a~o y U o m a~ v a a W rn 2 E s ui n m to c N a~o d c c I I W I 2 1 o c~ N U C Z C c N U m d I N f0 c O. N C r tp O Vl O N O td O N 0 N J N E Q j p O aT+N O ia 7 c N N N U O c O t t o L U O L U c Vl y c 0 E d e Q U a`~i m C E O U c U C m fn fA m U U o W U a~m E O O O m N O in O i 0 s 7 m m a 7 O rn O LL o v U a O U O U LL c~J a LL LL a a a s p Q 111 M M m a c co J M N Q f9 L U ORDINANCE O-13-1862 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOT 8A, BLOCK 1 OF THE THOMPSON TERRACE SUBDIVISION LOCATED AT 5117-B COLLEYVILLE BOULEVARD, BY AUTHORIZING A SPECIAL USE PERMIT FOR A CHARITABLE DONATION STATION; 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. ZC12-027; 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 Ordinance O-13-1862 Page 2 of 4 to changes to zoning classifications under the Zoning Ordinance Regulations and Zoning Map, having given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally, and to the persons interested and situated in the affected area and in the vicinity thereof, the governing body of the City of Colleyville is of the opinion that said change in zoning should be made. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all the foregoing premises and findings are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Sec. 2. THAT the Comprehensive Zoning Ordinance of the City of Colleyville, Texas, be, and the same is hereby amended by authorizing a Special Use Permit for a charitable donation station on Lot 8A, Block 1, of the Thompson Terrace Subdivision located at 5117-B Colleyville Boulevard, as depicted on the attached as 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 the above described tract of land shall be subject to the following conditions: 1. GENERAL a. This Special Use Permit shall only apply to the use of a Goodwill Industries charitable donation station on the subject property. b. There shall be no overnight parking of any tractor-trailers or trailers on the property. c. There shall be no outside storage of any items on the property. Ordinance O-13-1862 Page 3 of 4 d. Donated items shall not be placed outside of the building at any time and must be stored within the building immediately upon drop-off. e. There shall be no donation kiosks or other related donation structures independent of the main structure located on this property. f. The Special Use Permit shall automatically expire upon the abandonment of the business, change in use, a change in ownership, or upon the expiration or termination of the Certificate of Occupancy for the approved use. Sec. 5. THAT any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in the Comprehensive Zoning Ordinance of the City of Colleyville, and upon conviction shall be punishable by a fine not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense. Sec. 6. THAT if any section, paragraph, subdivision, clause, phrase or provision of this ordinance shall be judged invalid or unconstitutional, the same shall not affect the validity of this ordinance as a whole or any portion thereof other than that portion so decided to be invalid or unconstitutional. Sec. 7. THAT in addition to and accumulative of all other penalties, the City shall have the right to seek injunctive relief for any and all violations of this ordinance. Sec. 8. THAT it has been found that there has been a change in conditions in the above described property, it is now necessary that it be given the above zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare, and requires that this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 8th day of January 2013. Ordinance O-13-1862 Page 4 of 4 The second reading and public hearing being conducted on the 15th day of January 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the ________ day of _________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Exhibit “A” - Location and Zoning Map ML PUDR CC2 City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 6a Agenda Date 01/15/2013 Number Ordinance O-13-1863 Type Ordinance Department Community Development Title Consideration of amendments to Chapter 3 - Land Use, Section 3.24 – Schedule of Permitted Principle Uses of the Land Development Code, Case GC13-001 Explanation First Reading and Public Hearing One of the key components of Colleyville's zoning regulations, which are contained in Chapter 3 of the Land Development Code, is the Schedule of Permitted Principal Uses. The Schedule of Permitted Principal Uses is a matrix that lists those land uses that are allowed for each of the various zoning districts. In a review of the revised Schedule of Permitted Principal Uses, staff has determined an amendment to the land use matrix is warranted with regard to the land uses permitted in the CPO-Professional Office Commercial District. According to the attached Land Development Code, "this district is designed to be compatible adjacent to or near residentail areas and to provide office services needed by homeowners on a usual basis." Staff recommends the Schedule of Permitted Principal Uses be updated to add medical office uses to the CPO-Professional Office Commercial District such as: - Chiropractic Clinics - Optometrists' Offices - Physicians' or Dentists' Offices Staff recommends this amendment for the following reasons: 1. Under the goal of “Make a Long Term Commitment to Economic Development” in the Colleyville Strategic Plan, one of objectives states “Market Colleyville as a medical specialty destination”. Therefore, this amendment will expand the areas available in the City for medical uses, as recommended by the Strategic Plan. 2. All areas of the City that currently contain CPO zoning are either located along SH26, or are located in large office developments along Gateway Drive. Therefore, the higher traffic associated with medical office uses would not negatively impact these areas, as they already contain commercial uses, which generate proportionate amounts of traffic and, likewise, contain zoning allowing such uses. City Council Agenda Briefing 6a City of Colleyville Page 2 Per the attached map, there are total of 14 platted lots containing a total of six acres currently zoned CPO-Professional Office Commercial District. These lots are located along SH26 and Gateway Drive. The proposed amendment would affect only the dental office located at 5303 Colleyville Boulevard. This property is currently zoned CPO and currently considered a legal non-conforming use given the medical office restrictions currently contained in the CPO zoning district. A dentists' office has occupied this building since 1975, when the CPO allowed medical office uses. The proposed changes are highlighted in the attached copy of the Schedule of Permitted Principal Uses. Planning and Zoning Commission Recommendation. The Planning and Zoning Commission will consider this item on Monday, January 14, 2013, and Community Development Director Ron Ruthven will provide City Council information on the Commission's recommendation. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.CPO-Professional Office Commercial District 2.Proposed Changes to the Schedule of Permitted Principal Uses 3.Properties Zoned CPO as of January, 2013 4.Ordinance O-13-1863 Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 23 G. Prohibited Uses – Any use not expressly authorized and permitted herein is expressly prohibited in this district, unless otherwise allowed in conformance with the provisions for the “Classification of New and Unlisted Uses.” H. Density; Area; Yard; Height; and Lot Coverage Requirements – The requirements regulating the maximum permissible residential density, minimum lot size, minimum yard sizes (front, side and rear), maximum building height (stories and feet), and maximum percent of lot coverage by buildings, as pertains to this district, shall conform with the provisions of Section 3.24 - “Schedule of District Regulations” and other applicable provisions of Section 3.28 - “Supplementary District Regulations.” I. Off-street Parking and Loading Requirements – Off-street parking and loading requirements pertaining to uses allowed in this district shall conform with the provisions for the “Off-Street Parking Requirements,” and “Off-Street Loading Requirements.” J. Site Plan and Supporting Documents Required – Any application for a change in zoning district boundaries on the Official Zoning Map affecting this district, or for a “Special Use Permit” to be issued in this district, shall be accompanied by a site plan and supporting document therefor, unless otherwise waived by the Planning and Zoning Commission or Zoning Board of Adjustment, in conformance with the provisions of Chapter 1 – General Provisions of this Land Development Code. Section 3.17 CPO - Professional Office Commercial District A. Purpose – This district is designed to be compatible adjacent to or near residential area and to provide office services needed by homeowners on a usual basis. The lot size maximum is small to encourage small-scale developments, and hours of operation do not permit businesses to be open at night. B. Permitted Uses 1. See Table 3.24.B - Schedule of Permitted Principle Uses C. Special Uses 1. See Table 3.24.B - Schedule of Permitted Principle Uses D. Site Requirements Minimum lot size: 7, 200 s.f. Minimum setbacks: Max. Building height in stories: 2 st. Maximum lot size: 1 acre front: 40 ft. Max. building height in feet: 35 ft. Minimum lot width at front side abutting residential: 25 ft. Max. building height adj. to residential setback line: 100 ft. side abutting non-residential: 15 ft. Minimum lot depth: 120 ft. rear abutting residential: 25 ft. Maximum lot coverage: 40% rear abutting non-residential: 10 ft. E. Supplementary Requirements General: Landscaping Plans: Off-Street Parking: - outdoor storage is not permitted - required as per Chapter 4 - as required by Sec. 3.29 - uses adjacent to single family uses Commercial Bldg. Design Stds. Site Plans: must be screened as per Sec. 3.26 - each site must have a minimum of - plans must be submitted in - may be operated in daytime only 25 points as per Chapter 5 accordance with Sec. 3.31 Section 3.18 CN - Neighborhood Commercial District A. Purpose – This district is designed to be compatible adjacent to or near residential areas and to provide goods needed by homeowners on a usual basis. The lot size maximum is small to encourage small-scale developments, and hours of operation do not permit businesses to be open at night. CPO-Professional Office Commercial District Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 2 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards or Section Ref. Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML A. RESIDENTIAL ACCOMODATION USES Single Family Detached Dwelling P P P P P P S 8 3 Duplex – Attached Dwelling P 8 2 Townhome – Attached Dwellings P 8 4 Multi-family – Attached Dwellings P 8 4 HUD Code Manufactured Housing P 8 2 Assisted Living Facilities PUD only 2 17 Bed and Breakfast Lodging S S S S S S S S 1,8 18 Private (HOA) Recreational Facilities P P P P P P P P 9 5 B. ACCESSORY USES Accessory Building P P P P P P P P P Sec. 3.27 n.a. Carport S S S S S S S S S Sec. 3.27.C n.a. Home Occupations Uses P P P P P P P P P 8 n.a. Servants or Caretakers Quarters P P S S S S 16 1 C. AGRICULTURAL USES Commercial equestrian boarding stable and school P S 17 25 Crop Farming P P n.a. Livestock raising and breeding P P 12 n.a. Private horse stables for domestic use P P P S S n.a. Roadside produce stands (year round) S S S S S S S S S n.a. D. UTILITY USES Electrical Substations S S S S S S S S S S S S S S S 21 Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 3 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Solid Waste Disposal Sites S 24 Telecommunications Towers S S S S S S S S S S S S S S S 3 21 Water Pumping Stations S S S S S S S S S S S S S S S 24 Wind Driven Generators S S S S S S S S S S S S S S S n.a. E. PUBLIC AND INSTITUTIONAL USES Colleges or Universities S S S S S S S S S S S S S S S 12 Community Centers or Recreation Centers S S S S S S S S S P P P P P P 5 Government Buildings, Offices and Facilities P P P P P P P P P P P P P P P 8 Fire Stations / Police Stations P P P P P P P P P P P P P P P 16 Golf Courses – Public Owned P P P P P P P P P P P P P P P 22 Government Maintenance Facilities P P P P P P P P P P P P P P P 25 Libraries P P P P P P 9 Museums P P P P P P 8 Post Office P P P P P P P P P P P P P P P 10 Parks and Open Space Areas P P P P P P P P P P P P P P P 25 Public Maintenance and Storage Buildings S S S S S S S S S S S S S S S 25 Private Schools – Elementary and Secondary S S S S S S S S S S S S S S S 13 Private Schools – High School S S S S S S S S S S S S S S S 14 Public Schools – Elementary and Secondary P P P P P P P P P P P P P P P 13 Public Schools – High School P P P P P P P P P P P P P P P 14 Religious Institutions P P P P P P P P P P P P P P P 18 F. OFFICE USES Accountant’s Offices P P P P P 8 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 4 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Advertising Agencies P P P P P 8 Attorney Offices P P P P P 8 Chiropractic Clinics P P P P 8 Emergency Clinic (24 hrs.) S P P 10 6 Engineering, Architect’s, and Surveyor’s Offices P P P P P 8 General Business Offices not elsewhere listed P P P P P 8 Insurance Agencies P P P P P 8 Management and Public Relations Services Offices P P P P P 8 Optometrist Office P P P P 8 Psychologist Offices P P P P P 8 Physician’s or Dentist’s Offices P P P 5 7 Real Estate Agency Offices P P P P P 8 Security Broker Offices P P P P P 8 Telemarketing Offices P P P 5 Title Abstract Offices P P P P P 8 Trade or Business Schools S S S P 15 Travel Agency / Airline Ticket Offices P P P P P 8 G. RETAIL AND SERVICE USES Alcoholic Beverage Sales – (Beer and Wine Only) – Off-Premises Consumption S S S 13 n.a. Alcoholic Beverage Sales – On-premises Consumption S S S 13 n.a. Package Store Sales – Off-premises Consumption S S S 13 n.a. Alcohol or Drug Treatment Center S S S S S S 24 Antique Stores P P 7 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 5 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Apparel and Accessory Stores P P 7 Arts and Crafts Stores and Hobby Shops P P 7 Bakery Stores P P 7 Banks, Credit Unions and Financial Institutions P P P 8 Barber Shops, Beauty Shops and Day Spas P P P 10 7 Bicycle Shops P P 7 Book, Stationary or Greeting Card Shops P P P 7 Camera or Music Stores P P 7 Carnivals and Circuses S S 24 Cemeteries or Mausoleums S S S S S S 24 Charitable Donation Station S S S 24 Civic, Social or Fraternal Organizations S S P P 7 Convenience Stores with gasoline sales S S S S 7 Copy Centers/Print Shops S S P P P P 7 Dance Studios and Martial Arts Studios S S P P 7 Day Care Centers S S S S S 17 11 Department Stores P P 7 Dry Cleaner Pick-up Stations S P P 7 Dry Cleaners (up to 5,000 s. f. w/on-site laundry) P P 7 Equipment Rental and Leasing Stores S P 7 Florist Shops P P P 7 Food Catering P P 8 Funeral Homes S S S 24 Furniture and Appliance Stores P P P 9 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 6 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Grocery Stores P P 18 7 Hardware, electrical & plumbing w/o outside display P P P P Hardware , electrical & plumbing with outside display S P P Hospitals S S S 24 Hotels and Motels P P 19 Interior Decoration Stores P P P P 7 Jewelry Stores P P P 7 Locksmiths S S P P 8 Mailing and Shipping Stores P P P P 7 Meat or Fish Market P P P 7 Nurseries and Greenhouses with outside display S P P 16 Pawn Shops P 7 Pet Stores P P 7 Pharmacy S P P P 7 Photography Studios P P P P P P 8 Purchasing and/or resale of precious metals including jewelry, gem stones, gold, silver, and platinum and not licensed as a Pawn Shop by the State of Texas S S S 7 Restaurants, Cafes and Cafeterias P P P 5 Restaurants with drive-in or drive-thru service P P 5 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 7 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Shoe Repair Shops P P P P 8 Tailor and Alteration Shops P P P P 8 Veterinarian Clinic with indoor kennels P P P 4 8 Veterinarian Clinic with outdoor kennels S P P 8 Video Rental and Sales Stores P P P 7 Wedding Chapels S S S 24 H. RECREATIONAL AND ENTERTAINMENT USES Adult Entertainment Establishments See section 22-5 Code of Ordinances 5 Amusement Centers (indoors) S S 24 Archery and Firearms Ranges S S 6 24 Billiard Parlors S S 17 23 Commercial Recreation (outdoor) S S S S S S 24 Fitness Centers P P P 7 Golf Courses – Privately Owned P P P P P P 22 Golf Driving Ranges P P 22 Miniature Golf Courses P P 20 Roller or Ice Skating Rinks S S 24 Theaters P P 7 18 I. AUTOMOTIVE AND TRANSPORTATION USES S S 17 23 Airports and Heliports S S S S S S S S S S S S S S S 24 Auto Alarm / Stereo / Window Tinting Stores P P P 13 7 Auto Lube Shops S P P 13 9 Automotive and Motor Vehicle Sales S S S 13 8 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 8 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Auto Parts and Accessory Stores P P P 13 7 Auto, Truck or Trailer Rental S S 13 8 Auto Upholstery Shops P P 13 9 Auto Parking Lots and Garages (free standing) S S S S S S n.a. Auto Repair Shop S S S 13 9 Boat and Water-craft Sales and Service S S S 13 8 Bus or Passenger Train Stations S S S S 24 Car Wash (self service and automatic) S P 9 Commuter Transit Stations S S S S 24 Gasoline Service Stations S S 13 7 LPG / CNG Dispensing Stations S S 24 Motorcycle Sales and Service S S 13 8 Paint and Body Shops S S 13 9 Park and Ride Facilities S S S S 24 Railroad or Motor Freight Terminals S S S 24 Recreational Vehicle Sales and Service S S 13 8 Tire and Battery Stores S S S 13 7 Truck and Heavy Equipment Sales and Service S S 13 8 Vehicle Storage Yards or Facilities S S S S 24 J. HEAVY COMMERCIAL, INDUSTRIAL & MANUFACTURING USES Asphalt or Concrete Batching (temporary) S S S S S S S S S S S S S S S 24 Appliance Repair Shops S S 8 Building Material Sales with outside storage S P 7 Proposed Changes to the Schedule of Permitted Principal Uses Colleyville, Texas, Land Development Code Chapter 3 - Land Use Page 3 - 9 Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Commercial Laundry S S 24 Contractor Office with storage yard S S 24 Contactor Office without storage yard P P 8 Electronic Assembly or Manufacturing P 25 Exterminator Shop S S 24 Food Packaging and Manufacturing S 24 Furniture and Cabinet Manufacturing P 25 Office Showroom P 25 Oil and Gas Extraction S S S S S S S S S S S S S S S See Ch. 3.1 24 Plumbing, HVAC and Electrical Trades Shops P P 8 Printing and Publishing - Commercial P 8 Plumbing, HVAC and Electrical Trades Shops P P 8 Printing and Publishing - Commercial P 8 Research and Development Labs P 8 Scientific Instrument Assembly and Manufacturing P 8 Self Storage Facilities (mini-warehouse) S 24 Upholstery and Furniture Repair Shops P P 8 Warehouse and Distribution Facilities S 24 Wood, Paper or Leather Products P 25 Manufacturing not elsewhere listed S 24 Welding or Machine Shop P 25 Proposed Changes to the Schedule of Permitted Principal Uses k k k kk k k k k Þ Þ Þ [` [` [`[` [` [` GLADE RD HALL-JOHNSON RD RU N GLADE RD R O S S D O W N S D R CHARLESTON DR CONN I E LN BEDDO CT ATLANTA DR FRANCES LN W O ODMOOR LN W I N D I N G TRL MIR A MAR LN WILLOW L N MA P LE LN ROBERTS DR V A L L E Y R I D G E C T CAMELOT DR MELROSE PARK DR BEHRENS RD STAFFORD DR MANNING DR WILDWOOD CT Q U E E N S B U RY WAY W M E AN D ERI N G W A Y CRANBROOK DR S CUMBERLA W I L T O N WOODS CT LAKESIDECT MARTIN PK W Y CT MORLAIXCT MEADOWVIEW CT QUEE NSBURY WAY E RIDGE D R PARK VIE W CT M E A NDERING C T CHATSW O R T H CT W E M E R ALD CT RO C K DOV E CIR BROO K CT W IL K E S C T L C T CT AMBERLY CT COTTONWOODCT RED OAK CT W CREEKSIDE CT POOL RD L N G W A Y ENVIEW W I L KES D R T WELVE OAKS LN INDIA CT A T L A N T A DR MELANIE DR KEN N EDY D R C A R RIA G E LN M E A D E DR BAKER CT TARRANT LN T A R LETON DR GLENH O P E CIR N GLENHOPE CIR S M EADE DR SCOTSMA N DR EDINBURGH DR OAK POINT DR INDUSTRIAL BLVD BALLANTRAE DR MEADOWHILL DR MONTFORD DR SUNDERLAND DR HILLBROOK DR LANSFORD LN HIGHLAND HILLS LN WHITE H A V E N DR N WHITEHAVEN DR W HIGHLAND DR YORKSHIRE DR L I N D E N C T BIRCH CT ARBOR TRL SYCAMORE CTSYCAMORE DR POPLAR CT W POPLAR CT E SP R U C E C T AMADOR TRL KINGS CT DUSTY CT HAWTHORNE AVE CARLISLE AVE LE Y T O N G R O V E L N DANBURY DR SUMMERBROOK DR GREEN HILL LN NOR WALK DR STRAIGHT LN EDGEWOOD LN OVERHILL DR OLD OAK LN HIGHGROVE CT POOL RDPOOL RD HUNTINGTON CT FOX MEADOWS DR BUGLE LN FOX GLEN DR FOX TR HERITAGE AVE WAYSIDE DR MEADOWVIEW DR ST AL B ANS CIR L A K E S IDE DR JIM MITCHELL TRL W JIM MITCHELL TRL E LAKESIDE DR C RESTHAVEN DR J A C K S ON CT SHADYCREEK LN G REEN OAKS DR S H A D Y W O OD LN LEXINGTON P CHRISM CARISBROOKE CT E A T O N C I R CAMBRIDGE CT S H E R W O O D L N O A K K N O L L CT R OAK KNOLL DR CHESHIRE D R TYLER ST RENFRO RD BEHRENS CT BILL SIMMONS RD PATTERSON LN MONTCLAIR DR CHELSEA DR ARTHUR DR AVALON DR ROSE ST CHERRY LN KINGSWOOD LN ROYAL L N JANET LN AVONDALE DR N O R M A NDY DR REIMS C T NORM A N D Y D R BURGANDY CT ST EMILION CT GATEHOUSE CT ALEXANDRA D R WESTBURY DR SO M E R SET BLVD CHATSWORTH CT E CHATSWORTH DR EAR WATER CT LAK ERIDGE CT GLADE CREEK DR LAKESHORECT G AR R Y L YNNE DR JO C AROL LN BEDFORD RDOAK TIMBERS CT PROFESSIONAL CT DGE D R CHIM N E Y R O C K BEDFORD RD CT A R B O R GAT E LN ST DR CHURCH ST BENT TREE OAKS LN HIDDEN OAKS CT DOGWOOD CT HIDDEN O AK S DR BOGART DR COOKS LN P O N D E R O S A C T P O N D EROSA ST E M E R A LD DRDIAMOND CT M CCAIN LN PONDEROSA LN KINGSTON DR SUMMERTREE LN COTTONW O O D L N WESTGROVE L N L A U R E N ' S PLWINEWO OD CT WALNUT LN POPLAR LN RED OAK CT E JUNIPER CT HUNTINGTON DR WINEWOOD PLWEXFORD CT COTSWOLD CT PRESTWICK DR CROSSGATE CIR S SUMMIT HILL CT CROSSG A T E C IR N MELRO S E P A R K CT QUEENSBURYCT E A S T O N BURY CT MARTIN PKWY EVERSHAM ROUGH PEMB R O O KE PKWY N WAYCROS WILL CT TENNISO N PKWY DOUGLAS A V E S A V O Y C T A R M S T R O NG CT M ILTON D R M C M A KIN CT REYNOLDS DR HIGH GATE DR KENSHIRE DR C O N N IE LN HE A T H E R G L E N N CT HEATHER GLENN DR FLINTLOCK CT I N D EPENDENCE RD REGIMENT PL W ELSH CIR HIGHLAND MEADOW DR SCOTTSDALE DR MONTCLAIR DR ALEXANDRA CT SOMER S E T C T ASHFORD CT LE Y NTERS GLE N CT CRESTEDGE CT COVENTRY CT COVENTRY PL COVENTRY CT CLERMONT CT VERSAILLES CT MULBERRY CT BRAEDON LN CRANBROOK DR E CR A N B R OOK DR W O A K K N OLL DR C S A V A N WOO D CREE LBEND CT GATEWAY DR G AT E W AYC T COLLEYVILLE BLVD COLLE TINKER RD HARDAGE CIR WALLER LN HARDAGE LN C T PONDEROS A S T JACKSON RD SHENANDOAH PL HERITAGE AVE COLLEYVILLE BLVD HALL-JOHNSON RD HIGHLAND MEADOW DR B R O A D O CT TA R L E T O N KY L E C T WALLACE LN HI G H GA T E CT HIGHLAND DR GLADE RD CLEAR LAKE CT LAKEWOOD DR CT EDGEWATER SAPP HIR E C I R C LE S O P A L SAPP H I R E C IR C L E N C T S P R I N G S CT H O L L OWBROOK CT MAIN ST NDA LN A L N VIL PLEASANT RUN MISSI ON LN STONEBRIDGE DR SAN GABRIEL AVE NU E C E S SABINE GUADALUPE CTCT CT RI V E R W A L K CT RIVERWALK DR OLD GLADE RD GLAD E R D CHURCH ST RIVERWALK DR AUBURNDAL E AV E KENSHIRE CT PARK CT BURNHAM CIR STRATTON GR E E N GREEN GROSVENOR CA M D E N GR E E N GR E E N AR R I N G T O N CT CAMDEN CT ST R A T T O N CT AR R I N G T O N LN GROSVENOR BR OUGHTON DR BOWMAN DR CLEARFIELD DR CALDWELL-HUGHES RD W YATT DR S T R ATHMORE TER BLUEBONNET DRRIVERWALK DR DARTMOORE L N THOMPSON TER BELDON T R L H P A U L S P ATH COLLEYVI LLE BLVD CT CT CT MILAN CT RONNA VALENTINO VOLTERRA TUSCANY DR AR LE S E T H R ID G ET C T WINDSOR CT NA CT CHINQU A PIN DR BLACKJACK OAK DRHERITAGE OAK S DRBUR OAK DR POST OAK TRSHUMARDOAK LN HI G H L A N D P A R K C T FOUNTAIN PASS DR BRAZOS CT PECAN COPPERGLEN C IR CROSSING DR C T WAY Ü Ex i s t i n g C P O Z o n i n g Ex i s t i n g C P O Z o n i n g Ex i s t i n g C P O Z o n i n g Ha l l - J o h n s o n R o a d Gl a d e R o a d SH26 Ti n k e r R o a d Heritage Avenue Pool Road Gateway Drive Pr o p e r t i e s Z o n e d C P O as o f J a n u a r y , 2 0 1 3 ORDINANCE O-13-1863 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING CHAPTER 3, LAND USE, SECTION 3.24 - SCHEDULE OF PERMITTED PRINCIPAL USES, OF THE LAND DEVELOPMENT CODE; PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INJUNCTIVE RELIEF; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED TWO THOUSAND DOLLARS ($2,000.00) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City Council of the City of Colleyville approved Ordinance O-00-1214 on April 18, 2000, adopting the Land Development Code; and WHEREAS, the City Council amended Ordinance O-00-1214 on January 16, 2007, by enacting Ordinance O-07-1607 relating to Chapter 3 Land Use, Section 3.24 – Schedule of Permitted Uses, and Section 3.29 – Parking Requirements, of the Land Development Code; and WHEREAS, the City Council amended Ordinance O-00-1214 and O-07- 1607 on September 4, 2007, by enacting Ordinance O-07-1633 relating to Chapter 3 Land Use, Sections 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 3.24 – Schedule of Permitted Uses of the Land Development Code; and WHEREAS, the City Council amended Ordinance O-00-1214 and O-07- 1607 on February 5, 2008, by enacting Ordinance O-08-1656 relating to Chapter 3 Land Use, Section 3.24 – Schedule of Permitted Uses of the Land Development Code; and WHEREAS, the City of Colleyville deems it necessary, for the purpose of promoting the health, safety, morals, or general welfare of the City to enact a new zoning ordinance by amending the Schedule of Permitted Uses; 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 Ordinance O-13-1863 Page 2 of 4 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 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 Chapter 3 Land Use, SECTION 3.24 - SCHEDULE OF PERMITTED USES, of the Land Development Code, is hereby amended in its entirety to read as depicted in the attached Exhibit “A”. Sec. 3. THAT Ordinance O-00-1214, O-07-1607, O-07-1633, and O-08- 1656 of the Land Development Code of the City of Colleyville, as amended, shall remain in effect, except where amended by this ordinance. Ordinance O-13-1863 Page 3 of 4 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. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 15th day of January 2013. The second reading and public hearing being conducted on the 5th day of February 2013. PASSED AND APPROVED by the City Council of the City of Colleyville, Texas, on this the _________ day of ________________________ 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor Ordinance O-13-1863 Page 4 of 4 APPROVED AS TO FORM AND LEGALITY: Matthew C. G. Boyle City Attorney Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards or Section Ref. Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML A. RESIDENTIAL ACCOMODATION USES Single Family Detached Dwelling P P P P P P S 8 3 Duplex – Attached Dwelling P 8 2 Townhome – Attached Dwellings P 8 4 Multi-family – Attached Dwellings P 8 4 HUD Code Manufactured Housing P 8 2 Assisted Living Facilities PUD only 2 17 Bed and Breakfast Lodging S S S S S S S S 1,8 18 Private (HOA) Recreational Facilities P P P P P P P P 9 5 B. ACCESSORY USES Accessory Building P P P P P P P P P Sec. 3.27 n.a. Carport S S S S S S S S S Sec. 3.27.C n.a. Home Occupations Uses P P P P P P P P P 8 n.a. Servants or Caretakers Quarters P P S S S S 16 1 C. AGRICULTURAL USES Commercial equestrian boarding stable and school P S 17 25 Crop Farming P P n.a. Livestock raising and breeding P P 12 n.a. Private horse stables for domestic use P P P S S n.a. Roadside produce stands (year round) S S S S S S S S S n.a. D. UTILITY USES Electrical Substations S S S S S S S S S S S S S S S 21 Public Utility Supply and Storage Yards S S S S S S S S S S S S S S S 24 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Solid Waste Disposal Sites S 24 Telecommunications Towers S S S S S S S S S S S S S S S 3 21 Water Pumping Stations S S S S S S S S S S S S S S S 24 Wind Driven Generators S S S S S S S S S S S S S S S n.a. E. PUBLIC AND INSTITUTIONAL USES Colleges or Universities S S S S S S S S S S S S S S S 12 Community Centers or Recreation Centers S S S S S S S S S P P P P P P 5 Government Buildings, Offices and Facilities P P P P P P P P P P P P P P P 8 Fire Stations / Police Stations P P P P P P P P P P P P P P P 16 Golf Courses – Public Owned P P P P P P P P P P P P P P P 22 Government Maintenance Facilities P P P P P P P P P P P P P P P 25 Libraries P P P P P P 9 Museums P P P P P P 8 Post Office P P P P P P P P P P P P P P P 10 Parks and Open Space Areas P P P P P P P P P P P P P P P 25 Public Maintenance and Storage Buildings S S S S S S S S S S S S S S S 25 Private Schools – Elementary and Secondary S S S S S S S S S S S S S S S 13 Private Schools – High School S S S S S S S S S S S S S S S 14 Public Schools – Elementary and Secondary P P P P P P P P P P P P P P P 13 Public Schools – High School P P P P P P P P P P P P P P P 14 Religious Institutions P P P P P P P P P P P P P P P 18 F. OFFICE USES Accountant’s Offices P P P P P 8 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Advertising Agencies P P P P P 8 Attorney Offices P P P P P 8 Chiropractic Clinics P P P P 8 Emergency Clinic (24 hrs.) S P P 10 6 Engineering, Architect’s, and Surveyor’s Offices P P P P P 8 General Business Offices not elsewhere listed P P P P P 8 Insurance Agencies P P P P P 8 Management and Public Relations Services Offices P P P P P 8 Optometrists’ Office P P P P 8 Psychologist Offices P P P P P 8 Physicians’ or Dentists’ Offices P P P 5 7 Real Estate Agency Offices P P P P P 8 Security Broker Offices P P P P P 8 Telemarketing Offices P P P 5 Title Abstract Offices P P P P P 8 Trade or Business Schools S S S P 15 Travel Agency / Airline Ticket Offices P P P P P 8 G. RETAIL AND SERVICE USES Alcoholic Beverage Sales – (Beer and Wine Only) – Off-Premises Consumption S S S 13 n.a. Alcoholic Beverage Sales – On-premises Consumption S S S 13 n.a. Package Store Sales – Off-premises Consumption S S S 13 n.a. Alcohol or Drug Treatment Center S S S S S S 24 Antique Stores P P 7 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Apparel and Accessory Stores P P 7 Arts and Crafts Stores and Hobby Shops P P 7 Bakery Stores P P 7 Banks, Credit Unions and Financial Institutions P P P 8 Barber Shops, Beauty Shops and Day Spas P P P 10 7 Bicycle Shops P P 7 Book, Stationary or Greeting Card Shops P P P 7 Camera or Music Stores P P 7 Carnivals and Circuses S S 24 Cemeteries or Mausoleums S S S S S S 24 Charitable Donation Station S S S 24 Civic, Social or Fraternal Organizations S S P P 7 Convenience Stores with gasoline sales S S S S 7 Copy Centers/Print Shops S S P P P P 7 Dance Studios and Martial Arts Studios S S P P 7 Day Care Centers S S S S S 17 11 Department Stores P P 7 Dry Cleaner Pick-up Stations S P P 7 Dry Cleaners (up to 5,000 s. f. w/on-site laundry) P P 7 Equipment Rental and Leasing Stores S P 7 Florist Shops P P P 7 Food Catering P P 8 Funeral Homes S S S 24 Furniture and Appliance Stores P P P 9 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Grocery Stores P P 18 7 Hardware, electrical & plumbing w/o outside display P P P P Hardware , electrical & plumbing with outside display S P P Hospitals S S S 24 Hotels and Motels P P 19 Interior Decoration Stores P P P P 7 Jewelry Stores P P P 7 Locksmiths S S P P 8 Mailing and Shipping Stores P P P P 7 Meat or Fish Market P P P 7 Nurseries and Greenhouses with outside display S P P 16 Pawn Shops P 7 Pet Stores P P 7 Pharmacy S P P P 7 Photography Studios P P P P P P 8 Purchasing and/or resale of precious metals including jewelry, gem stones, gold, silver, and platinum and not licensed as a Pawn Shop by the State of Texas S S S 7 Restaurants, Cafes and Cafeterias P P P 5 Restaurants with drive-in or drive-thru service P P 5 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Second hand goods shop S S S 7 Self-service Laundries S S S S 7 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Shoe Repair Shops P P P P 8 Tailor and Alteration Shops P P P P 8 Veterinarian Clinic with indoor kennels P P P 4 8 Veterinarian Clinic with outdoor kennels S P P 8 Video Rental and Sales Stores P P P 7 Wedding Chapels S S S 24 H. RECREATIONAL AND ENTERTAINMENT USES Adult Entertainment Establishments See section 22-5 Code of Ordinances 5 Amusement Centers (indoors) S S 24 Archery and Firearms Ranges S S 6 24 Billiard Parlors S S 17 23 Commercial Recreation (outdoor) S S S S S S 24 Fitness Centers P P P 7 Golf Courses – Privately Owned P P P P P P 22 Golf Driving Ranges P P 22 Miniature Golf Courses P P 20 Roller or Ice Skating Rinks S S 24 Theaters P P 7 18 I. AUTOMOTIVE AND TRANSPORTATION USES S S 17 23 Airports and Heliports S S S S S S S S S S S S S S S 24 Auto Alarm / Stereo / Window Tinting Stores P P P 13 7 Auto Lube Shops S P P 13 9 Automotive and Motor Vehicle Sales S S S 13 8 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Auto Parts and Accessory Stores P P P 13 7 Auto, Truck or Trailer Rental S S 13 8 Auto Upholstery Shops P P 13 9 Auto Parking Lots and Garages (free standing) S S S S S S n.a. Auto Repair Shop S S S 13 9 Boat and Water-craft Sales and Service S S S 13 8 Bus or Passenger Train Stations S S S S 24 Car Wash (self service and automatic) S P 9 Commuter Transit Stations S S S S 24 Gasoline Service Stations S S 13 7 LPG / CNG Dispensing Stations S S 24 Motorcycle Sales and Service S S 13 8 Paint and Body Shops S S 13 9 Park and Ride Facilities S S S S 24 Railroad or Motor Freight Terminals S S S 24 Recreational Vehicle Sales and Service S S 13 8 Tire and Battery Stores S S S 13 7 Truck and Heavy Equipment Sales and Service S S 13 8 Vehicle Storage Yards or Facilities S S S S 24 J. HEAVY COMMERCIAL, INDUSTRIAL & MANUFACTURING USES Asphalt or Concrete Batching (temporary) S S S S S S S S S S S S S S S 24 Appliance Repair Shops S S 8 Building Material Sales with outside storage S P 7 Exhibit "A" Table 3.24.B- - Schedule of Permitted Principal Uses Land Use Classification Residential District Non-Residential Districts Special Land Use Standards Parking Group AG RE R4 0 R3 0 R2 0 R1 5 RD RM F MH CP O CN CC 1 CC 2 CC 3 ML Commercial Laundry S S 24 Contractor Office with storage yard S S 24 Contactor Office without storage yard P P 8 Electronic Assembly or Manufacturing P 25 Exterminator Shop S S 24 Food Packaging and Manufacturing S 24 Furniture and Cabinet Manufacturing P 25 Office Showroom P 25 Oil and Gas Extraction S S S S S S S S S S S S S S S See Ch. 3.1 24 Plumbing, HVAC and Electrical Trades Shops P P 8 Printing and Publishing - Commercial P 8 Plumbing, HVAC and Electrical Trades Shops P P 8 Printing and Publishing - Commercial P 8 Research and Development Labs P 8 Scientific Instrument Assembly and Manufacturing P 8 Self Storage Facilities (mini-warehouse) S 24 Upholstery and Furniture Repair Shops P P 8 Warehouse and Distribution Facilities S 24 Wood, Paper or Leather Products P 25 Manufacturing not elsewhere listed S 24 Welding or Machine Shop P 25 Exhibit "A" City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 7a Agenda Date 01/15/2013 Number Resolution R-13-3587 Type Resolution Department Community Development Title Approval of a City/Developer Agreement between the City of Colleyville and Avere Colleyville, L.P. for the Heritage Farms Development, and authorize the city manager to execute the agreement Explanation Reading and Public Hearing On October 1, 2012, the City Council approved the attached PUD Ordinance O-12- 1832, which allows for the Heritage Farms development located on approximately 19 acres at the southeast corner of Wayne Drive and Cheek-Sparger Road. The purpose of this item is to approve the City/Developer Agreement (CDA) required by Section 13 of this ordinance. Section 13 of Ordinance O-12-1832 states the following: “13. PUBLIC IMPROVEMENTS a. In lieu of constructing any required perimeter street improvements, the developer shall construct the following roadway improvements: (1) improve the intersection of Cheek-Sparger Road and Bedford Road/Bedford Court such that it may result in the construction of a roundabout; (2) add a right-turn only lane to northbound Wayne Drive where it intersects Cheek-Sparger Road. b. Given the requirements of Section “a” above, prior to the acceptance of any plat applications as required by this ordinance, the developer shall submit a City/Developer Agreement (CDA) for approval by the City Council that, at a minimum, addresses the following areas: (1) Total estimated cost, scope, feasibility and traffic impact of the construction of a roundabout at Bedford Road/Court and Cheek-Sparger Road, and a northbound right- turn lane at the intersection of Wayne Drive and Cheek-Sparger Road as determined by a registered professional engineer in the State of Texas; (2) Plans and details of a schedule for reimbursement of construction costs to the developer by the City or waiver of fees; (3) Clear delineation of duties and responsibilities with regard to right-of-way City Council Agenda Briefing 7a City of Colleyville Page 2 acquisition, construction, inspections, and maintenance of all proposed public improvements. (4) Any existing escrowed funds for future roadway improvements to Wayne Drive, Cheek-Sparger Road and Bedford Road/Bedford Court paid by the developers of any properties within 2,000 feet of the subject property within the preceding ten years, are hereby eligible to be applied toward the roadway improvements described above, provided a written affidavit is submitted to the City of Colleyville from the developer that paid said escrow, approving the use of said escrow funds for the roadway improvements described above. (5) Any change to the terms of this section shall require an amendment to this ordinance." As required by Ordinance O-12-1832, the developer will construct a roundabout at the intersection of Bedford Road/Court and Cheek-Sparger Road. The preliminary design and feasibility study for the roundabout was conducted by Kimley-Horn & Associates, Inc. and was presented to the City Council on December 18, 2012. The developer proposes a total budget of $875,000 for construction of the roundabout and proposes the City fund $675,000 of the cost with the remainder to be paid by the developer. The following is a summary of the cost sharing breakdown: $278,138: Roadway Impact Fee Credits. As authorized by Section 13-180 of the Land Development Code, given the cost of the new intersection, all roadway impact fees due for this development would be credited to the project and would not be charged to the developer. $140,438: Perimeter Street Fees paid for Wayne Drive improvements by Covenant Christian Academy (CCA) as required by PUD Ordinance O-09-1725. Provided CCA submits a signed affidavit as required by Section 13 of Ordinance O-12-1832 releasing these funds to be spent on the construction of the roundabout, these funds are eligible. $256,424: Partial reimbursement to the developer of park land dedication and building permit fees paid to the City as part of the development. $675,000: Total of City contributions $200,000: Amount provided by the developer $875,000: Total construction cost A more detailed breakdown of the cost sharing agreement is attached to the CDA as Exhibit "A". City Council Agenda Briefing 7a City of Colleyville Page 3 The following are the proposed provisions of the CDA along with any pertinent comments in italics: 1. The Developer will provide the City with a report from a Registered Professional Engineer licensed in the State of Texas stating that a roundabout (the “public improvements”) at Cheek-Sparger Road and Bedford Road/Court provides the City with a recommended method of traffic mitigation. This is complete and is attached. 2. The Developer will contract for the public improvements using reputable contractors. All contract documents will bear the seal of a Registered Professional Engineer licensed in the State of Texas. The scope of work for the public improvements will include a two-year maintenance bond in the amount of 10 percent of the construction cost. 3. The Developer will submit the contract documents to the City for its review and approval. As a prerequisite to commencing construction on the roundabout, the City must approve the contract documents and issue a Notice to Proceed to the Developer. 4. The Developer understands that permit fees and plan review fees associated with Heritage Farms must first be paid to the City in order for the City to reimburse Developer for the cost of the public improvements as outlined in the CDA. 5. The City agrees to the roadway impact fee credit and fee reimbursement schedule per CDA Exhibit "A" for all expenses incurred by the Developer for the purposes of designing and constructing the public improvements. 6. The reimbursements and credits from the City of Colleyville referenced in Section 5. above shall not exceed $675,000. 7. The Developer understands that no final Certificate of Occupancy will be given for the first completed senior living building at Heritage Farms, either (a) the Assisted Living/Memory Care building, or (b) the Independent Living building, until the public improvements are accepted by the City. 8. The Developer agrees to provide the City with As-Built drawings of the completed public improvements. 9. The Developer understands it has no authority to cancel or amend the terms of this agreement without specific written authority by the City. 10. If for any reason the ownership of the property should change prior to the acceptance of the public improvements by the City, the conditions of this agreement will pass to the subsequent Owner/Developer. The City will require proper documentation from the new Owner/Developer showing acceptance of the terms of this Agreement. City Council Agenda Briefing 7a City of Colleyville Page 4 Per the provisions of Ordinance O-12-1832, Section 13, the development, as authorized by the ordinance, is tied to the construction of the roundabout. If the roundabout is not constructed, or approved by the City, no Certificates of Occupancy may be issued for any buildings in the development. Financial Impact The financial impact of this item is such that the City will credit roadway impact fees, perimeter street fees, and reimburse building permit and park land dedication fees, in an amount not to exceed $675,000, as described in the briefing. Recommendation Approve Attachments 1. Proposed Heritage Farms CDA 2. Kimley-Horn Preliminary Roundabout Design and Feasibility Study 3. Ordinance O-12-1832 4. Resolution R-13-3587 Proposed Heritage Farms CDA City of Colleyville City/Developer Agreement for Heritage Farms Development That, Avere Colleyville, L.P., hereinafter called "Developer" and the City of Colleyville, Tarrant County, Texas, hereinafter called "City", enters into the following agreement (The "Agreement"), which shall become effective upon the signature of both parties. NOW, THEREFORE, in consideration of the mutual covenant herein contained and for the purpose of developing Heritage Farms, the parties hereto do agree to the following items: 1. The Developer will provide the City with a report from a Registered Professional Engineer licensed in the State of Texas stating that a roundabout (the "public improvements") at Cheek-Sparger Road and Bedford Road/Court provides the City with a recommended method of traffic mitigation. 2. The Developer will contract for the public improvements using reputable contractors. All contract documents will bear the seal of a Registered Professional Engineer licensed in the State of Texas. The scope of work for the public improvements will include a two- year maintenance bond in the amount of 10% of the construction cost. 3. The Developer will submit the contract documents to the City for its review and approval. As a prerequisite to commencing construction on the roundabout, the City must approve the contract documents and issue a Notice to Proceed to the Developer. 4. The Developer understands that permit fees, and plan review fees associated with Heritage Farms must first be paid to the City in order for the City to reimburse Developer for the cost of the public improvements. 5. The City agrees to the roadway impact fee credit and fee reimbursement schedule per "CDA - Exhibit A" for all expenses incurred by the Developer for the purposes of designing and constructing the public improvements. 6. The reimbursements and credits from the City of Colleyville referenced in Section 5. above shall not exceed $675,000. City/Developer Agreement for Heritage Farms Development Page 1 7. The Developer understands that no final Certificate of Occupancy will be given for the first completed senior living building at Heritage Farms, either (a) the Assisted Living/Memory Care building, or (b) the Independent Living building, until the public improvements are accepted by the City. 8. The Developer agrees to provide the City with As-Built drawings of the completed public improvements. 9. The Developer understands it has no authority to cancel or amend the terms of this agreement without specific written authority by the City. 10. If for any reason the ownership of the property should change prior to the acceptance of the public improvements by the City, the conditions of this agreement will pass to the subsequent Owner/Developer. The City will require proper signatures of the new Owner/Developer showing acceptance of the terms of this Agreement. This Agreement is duly executed by the parties hereto as of the date set forth below. Avere Colleyville, L.P. By: Don Wilson Name: Don Wilson, President Date CITY OF COLLEYVILLE Name: Jennifer Fadden, City Manager Date City/Developer Agreement for Heritage Farms Development Page 2 EXHIBIT "A" CDA - Exhibit "A" SCHEDULE OF ROADWAY IMPACT FEE CREDITS AND FEE REIMBURSEMENT BY CITY TO DEVELOPER FOR PUBLIC IMPROVEMENTS AT CHEEK-SPARGER ROAD AND BEDFORD ROAD/COURT Phase 1 Phase 2 TOTAL USES Construction of Roundabout by Developer $875,000 Less: Developer Contribution ($200,000) Total Reimbursement by City to Developer: $675,000 SOURCES FEES FROM COVENANT CHRISTIAN ACADEMY Perimeter Street Fees (already paid) $140,438 FEES FROM,AND CREDITS TO, DEVELOPER Roadway Impact Fee (Credit) Office $4,090 Memory Care $21,420 Assisted Living $35,224 Independent Living $217,404 TOTAL Roadway Impact Fees $60,734 $217,404 $278,138 Park Land Dedication Fees Office $1,200 Memory Care $2,400 Assisted Living $2,400 Independent Living $291,924 TOTAL Park Land Dedication Fees: $6,000 $291,924 $297,924 Building Permit&Plan Review Fees Office $18,434 Memory Care $39,371 Assisted Living $54,302 Independent Living $117,613 TOTAL Building Permit&Plan Review Fees: $112,107 $117,613 $229,719 FEE AND CREDIT TOTALS TOTAL ELIGIBLE ROADWAY IMPACT FEE CREDITS NOT CHARGED TO DEVELOPER $60,734 $217,404 $278,138 TOTAL ELIGIBLE FEES PAID FROM DEVELOPER $118,107 $409,537 $527,644 TOTAL FROM FEES PAID BY CCA $140,438 TOTAL ELIGIBLE FEES&CREDITS $319,279 $626,941 $946,220 City/Developer Agreement for Heritage Farms Development Page 3 EXHIBIT "A" CDA — Exhibit "A" REIMBURSEMENT AND CREDIT TO DEVELOPER TOTALS Phase 1 Phase 2 TOTAL ROADWAY IMPACT FEE CREDITS FROM CITY TO DEVELOPER ($60,734) ($217,404) ($278,138) FEES REIMBURSED BY CITY TO DEVELOPER ($258,545) ($138,317) ($396,862) TOTAL FEES AND CREDITS TO DEVELOPER FROM CITY ($675,000) REMAINING SOURCES AFTER REIMBURSEMENT TO DEVELOPER $271,200 (from unreimbursed Phase 2 fees) BALANCE OF REIMBURSEMENT DUE DEVELOPER $0 NOTE: Roadway impact fee credits are authorized per Section 13-180 of the Colleyville Land Development Code. City/Developer Agreement for Heritage Farms Development Page 4 Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y Ki m l e y - H o r n P r e l i m i n a r y R o u n d a b o u t D e s i g n a n d F e a s i b i l i t y S t u d y RESOLUTION R-13-3587 A RESOLUTION APPROVING A CITY/DEVELOPER AGREEMENT BETWEEN AVERE COLLEYVILLE, L.P. AND THE CITY OF COLLEYVILLE FOR THE HERITAGE FARMS DEVELOPMENT AND AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT WHEREAS, Section 13 of Ordinance O-12-1832, approved by the City Council on October 1, 2012 authorizing the Heritage Farms Development, requires the developer to enter into a City/Developer Agreement (CDA) with the City for the construction of a roundabout at the intersection of Bedford Road/Court and Cheek-Sparger Road; and WHEREAS, Avere Colleyville, L.P. has agreed to the terms of said agreement in accordance with Ordinance O-12-1832. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the CDA between Avere Colleyville, L.P. and the City of Colleyville for the Heritage Farms Development, attached as Exhibit “A”, is hereby approved. Sec. 2. THAT the CDA shall be executed upon the signature of the city manager. AND IT IS SO RESOLVED. PASSED BY A VOTE OF _____ AYES, _____ NAYS, AND _____ ABSTENTIONS ON THIS THE 15TH DAY OF JANUARY 2013. ATTEST: CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor City/Developer Agreement for Heritage Farms Development Page 1 City of Colleyville City/Developer Agreement for Heritage Farms Development That, Avere Colleyville, L.P., hereinafter called “Developer” and the City of Colleyville, Tarrant County, Texas, hereinafter called “City”, enters into the following agreement (The “Agreement”), which shall become effective upon the signature of both parties. NOW, THEREFORE, in consideration of the mutual covenant herein contained and for the purpose of developing Heritage Farms, the parties hereto do agree to the following items: 1. The Developer will provide the City with a report from a Registered Professional Engineer licensed in the State of Texas stating that a roundabout (the “public improvements”) at Cheek-Sparger Road and Bedford Road/Court provides the City with a recommended method of traffic mitigation. 2. The Developer will contract for the public improvements using reputable contractors. All contract documents will bear the seal of a Registered Professional Engineer licensed in the State of Texas. The scope of work for the public improvements will include a two- year maintenance bond in the amount of 10% of the construction cost. 3. The Developer will submit the contract documents to the City for its review and approval. As a prerequisite to commencing construction on the roundabout, the City must approve the contract documents and issue a Notice to Proceed to the Developer. 4. The Developer understands that permit fees, and plan review fees associated with Heritage Farms must first be paid to the City in order for the City to reimburse Developer for the cost of the public improvements. 5. The City agrees to the roadway impact fee credit and fee reimbursement schedule per “CDA - Exhibit A” for all expenses incurred by the Developer for the purposes of designing and constructing the public improvements. 6. The reimbursements and credits from the City of Colleyville referenced in Section 5. above shall not exceed $675,000. City/Developer Agreement for Heritage Farms Development Page 2 7. The Developer understands that no final Certificate of Occupancy will be given for the first completed senior living building at Heritage Farms, either (a) the Assisted Living/Memory Care building, or (b) the Independent Living building, until the public improvements are accepted by the City. 8. The Developer agrees to provide the City with As-Built drawings of the completed public improvements. 9. The Developer understands it has no authority to cancel or amend the terms of this agreement without specific written authority by the City. 10. If for any reason the ownership of the property should change prior to the acceptance of the public improvements by the City, the conditions of this agreement will pass to the subsequent Owner/Developer. The City will require proper signatures of the new Owner/Developer showing acceptance of the terms of this Agreement. This Agreement is duly executed by the parties hereto as of the date set forth below. Avere Colleyville, L.P. By: Don Wilson __________________________________ _____________ Name: Don Wilson, President Date CITY OF COLLEYVILLE __________________________________ _____________ Name: Jennifer Fadden, City Manager Date City/Developer Agreement for Heritage Farms Development Page 3 EXHIBIT "A" CDA – Exhibit “A” SCHEDULE OF ROADWAY IMPACT FEE CREDITS AND FEE REIMBURSEMENT BY CITY TO DEVELOPER FOR PUBLIC IMPROVEMENTS AT CHEEK-SPARGER ROAD AND BEDFORD ROAD/COURT Phase 1 Phase 2 TOTAL USES Construction of Roundabout by Developer $875,000 Less: Developer Contribution ($200,000) Total Reimbursement by City to Developer: $675,000 SOURCES FEES FROM COVENANT CHRISTIAN ACADEMY Perimeter Street Fees (already paid) $140,438 FEES FROM, AND CREDITS TO, DEVELOPER Roadway Impact Fee (Credit) Office $4,090 Memory Care $21,420 Assisted Living $35,224 Independent Living $217,404 TOTAL Roadway Impact Fees $60,734 $217,404 $278,138 Park Land Dedication Fees Office $1,200 Memory Care $2,400 Assisted Living $2,400 Independent Living $291,924 TOTAL Park Land Dedication Fees: $6,000 $291,924 $297,924 Building Permit & Plan Review Fees Office $18,434 Memory Care $39,371 Assisted Living $54,302 Independent Living $117,613 TOTAL Building Permit & Plan Review Fees: $112,107 $117,613 $229,719 FEE AND CREDIT TOTALS TOTAL ELIGIBLE ROADWAY IMPACT FEE CREDITS NOT CHARGED TO DEVELOPER $60,734 $217,404 $278,138 TOTAL ELIGIBLE FEES PAID FROM DEVELOPER $118,107 $409,537 $527,644 TOTAL FROM FEES PAID BY CCA $140,438 TOTAL ELIGIBLE FEES & CREDITS $319,279 $626,941 $946,220 City/Developer Agreement for Heritage Farms Development Page 4 EXHIBIT "A" CDA – Exhibit “A” REIMBURSEMENT AND CREDIT TO DEVELOPER TOTALS Phase 1 Phase 2 TOTAL ROADWAY IMPACT FEE CREDITS FROM CITY TO DEVELOPER ($60,734) ($217,404) ($278,138) FEES REIMBURSED BY CITY TO DEVELOPER ($258,545) ($138,317) ($396,862) TOTAL FEES AND CREDITS TO DEVELOPER FROM CITY ($675,000) REMAINING SOURCES AFTER REIMBURSEMENT TO DEVELOPER $271,200 (from unreimbursed Phase 2 fees) BALANCE OF REIMBURSEMENT DUE DEVELOPER $0 NOTE: Roadway impact fee credits are authorized per Section 13-180 of the Colleyville Land Development Code. City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 7b Agenda Date 01/15/2013 Number Resolution R-13-3588 Type Resolution Department City Secretary Title Consideration of appointment to the Park Land Dedication Committee Explanation Reading and Public Hearing The Park Land Dedication Committee is comprised of two members of the Planning and Zoning Commission and two members of the Parks and Recreation Advisory Board. Ordinance O-91-823, which established the Park Land Dedication Committee, provides that the City Council shall appoint the members of the Park Land Dedication Committee and the terms of the members of the Park Land Dedication Committee shall coincide with their respective terms on the Planning and Zoning Commission or the Parks and Recreation Advisory Board. Mr. Tevon Taylor’s term on the Park Land Dedication Committee expired December 2012. On January 7, 2013, the Parks and Recreation Advisory Board recommended the appointment of Ms. Kathryn Wheat to the Park Land Dedication Committee with a term expiring December 2013. This item provides for City Council to consider an appointment to the Park Land Dedication Committee. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Park Land Dedication Committee roster 2.Resolution R-13-3588 Park Land Dedication Committee Parks and Recreation Representative Brett Oliver 4812 Bransford Road Colleyville, TX 76034 H: (817) 689-3714 brett.oliver@ymail.com TERM:Feb 2012 - Dec 2013 Parks and Recreation Representative Tevon Taylor 5907 Crescent Lane Colleyville, TX 76034 W: (972) 819-2502 H: (469) 952-7867 aggie_ol_army@hotmail.com TERM:Feb 2011 - Dec 2012 Planning and Zoning Representative David Dudziak 2301 Wilkes Court Colleyville, TX 76034 W: (817) 684-7404 H: (817) 421-8789 dudziakd@colleyville.com TERM:Oct 2011 - Sep 2013 Planning and Zoning Representative Larry Knox 7205 Monticello Parkway Colleyville, TX 76034 H: (817) 581-0941 knoxl@colleyville.com TERM:Nov 2012 - Sep 2013 RESOLUTION R-13-3588 A RESOLUTION APPOINTING A MEMBER TO THE PARK LAND DEDICATION COMMITTEE WHEREAS,the Park Land Dedication Committee is comprised of two members of the Parks and Recreation Advisory Board and two members of the Planning and Zoning Commission; and WHEREAS, the Park Land Dedication Committee member terms coincide with the member’s terms on the Parks and Recreation Advisory Board and the Planning and Zoning Commission; and WHEREAS,the Parks and Recreation Advisory Board recommends the appointment of Kathryn Wheat to the Park Land Dedication Committee. NOW, THEREFORE, BE IT RESOLVED BY CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the City Council hereby appoints Kathryn Wheat to serve on the Park Land Dedication Committee with a term expiring December 2013. AND IT IS SO RESOLVED. PASSED BY A VOTE OF _____ AYES, _____ NAYS, AND _____ ABSTENTIONS ON THIS THE 15TH DAY OF JANUARY 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 7c Agenda Date 01/15/2013 Number Resolution R-13-3589 Type Resolution Department City Secretary Title Consideration of appointments to the Colleyville Tree Board Explanation Reading and Public Hearing The Colleyville Tree Board consists of representatives from the Parks and Recreation Advisory Board, the Keep Colleyville Beautiful Committee, and/or the Colleyville Garden Club. Ordinance O-09-1707 provides the terms of the Colleyville Tree Board members run concurrent with the member’s terms on the Parks and Recreation Advisory Board, Keep Colleyville Beautiful Committee, and/or the Colleyville Garden Club. The terms of Colleyville Tree Board members Ms. Debby Abitz and Ms. Suzanne Hughes expired December 2012. On January 7, 2013, the Parks and Recreation Advisory Board recommended the appointment of Suzanne Hughes and Carel Tornes to the Colleyville Tree Board, to serve a term to December 2014, concurrent with their terms on the Parks and Recreation Advisory Board. This item is provided for City Council to consider the appointments to the Colleyville Tree Board. Financial Impact There is no financial impact to the City. Recommendation Approve Attachments 1.Colleyville Tree Board roster 2.Resolution R-13-3589 Colleyville Tree Board Keep Colleyville Beautiful Representative Moira Brunken 7204 Belle Meade Drive Colleyville, TX 76034 H: (817) 343-5531 moira@moirasellshomes.com TERM:Feb 2012 - Dec 2013 Keep Colleyville Beautiful Representative Roger Nelson 4509 Dartmoore Lane Colleyville, TX 76034 H: (817) 577-1916 roger@railnet.com TERM:Feb 2012 - Dec 2013 Keep Colleyville Beautiful Representative Ginny Tigue 4415 Meandering Way Colleyville, TX 76034 H: (817) 267-5527 gtigue@hotmail.com TERM:Feb 2012 - Dec 2013 Parks and Recreation Representative Debby Abitz 1711 Tyler Street Colleyville, TX 76034 H: (817) 996-0059 md.abitz@hotmail.com TERM:Feb 2011 - Dec 2012 Parks and Recreation Representative Suzanne Hughes 901 Hardage Lane Colleyville, TX 76034 H: (817) 329-0076 suzanne-hughes@tx.rr.com TERM:Feb 2012 - Dec 2012 Parks and Recreation Representative Kathryn Wheat 206 Colden Court Colleyville, TX 76034 W: (415) 218-4930 H: (682) 214-1786 kwheat@gmail.com TERM:Feb 2012 - Dec 2013 RESOLUTION R-13-3589 A RESOLUTION APPOINTING MEMBERS TO THE COLLEYVILLE TREE BOARD WHEREAS,the Colleyville Tree Board consists of representatives from the Parks and Recreation Advisory Board, the Keep Colleyville Beautiful Committee, and/or the Colleyville Garden Club; and WHEREAS,the Parks and Recreation Advisory Board recommends the appointment of Suzanne Hughes and Carel Tornes to the Colleyville Tree Board. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1.THAT the Colleyville City Council hereby appoints Suzanne Hughes and Carel Tornes, representing the Parks and Recreation Advisory Board, to serve a term to December 2014, concurrent with their term on the Parks and Recreation Advisory Board. AND IT IS SO RESOLVED. PASSED BY A VOTE OF ________ AYES, ________ NAYS, AND ________ ABSTENTIONS ON THIS 15TH DAY OF JANUARY 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor City of Colleyville Page 1 City of Colleyville City Council Agenda Briefing City Hall 100 Main Street Colleyville, Texas 76034 www.colleyville.com Agenda Number 9 Agenda Date 01/15/2013 Type Report Department City Secretary Title Parks and Recreation Advisory Board Meeting Minutes - October 8, 2012 Attachments 1.Parks and Recreation Advisory Board Meeting Minutes - October 8, 2012 City of Colleyville Page 1 City of Colleyville Parks and Recreation Advisory Board Minutes City Hall 100 Main Street Colleyville, Texas 76034 817. 503.1000 www.colleyville.com Monday, October 8, 2012 6:00 p.m. Colleyville Public Library 110 Main Street 2nd Floor Meeting Room 1. CALL TO ORDER Chairperson Suzanne Hughes called the meeting of the Parks and Recreation Advisory Board to order on October 8, 2012 at 6:01 p.m. ROLL CALL Present: Chairperson Suzanne Hughes, Board Members Ken Llewellyn, Charles Bethards, Debby Abitz, Kathryn Wheat, Brett Oliver. Library, Parks and Recreation Director Mary Rodne, Park Supervisor Tim Hightshoe, Assistant City Manager/Chief Financial Officer Terry Leake, Administrative Assistant Kathy Moore Absent: Board Member Thomas Parker and Tevon Taylor 2. APPROVAL OF MINUTES July 9, 2012 Board Member Debby Abitz moved to approve the July 9, 2012 minutes as written. Brett Oliver seconded the motion. The motion carried with a unanimous vote. 3. REGULAR AGENDA ITEMS 3a Recreation, Athletics, Tennis, and Seniors' Reports Mary Rodne, Library, Parks and Recreation Director updated the Board on Recreation, Athletics, Tennis and the Senior Center activities for the months of July through September. She noted that the Recreation Department has moved to the Senior Center and will now office out of that location; additionally she added that Cody Ashton was hired to fill part-time Building Attendant position, which will also office from that location. The budgets were approved on September 18, with CEDC funds approved for the Senior Center rebranding study; additionally, funds were approved for new and replacement of tables and chairs at the Senior Center. Parks and Recreation Advisory Board Minutes October 8, 2012 City of Colleyville Page 2 3b Park Operations and Capital Improvement Status Report Tim Hightshoe, Parks Superintendant gave an update on the Parks and Recreation CIP Project for Pleasant Run Trail. Additionally, he updated the Committee on other miscellaneous projects preformed by the Parks Department. 3c Review and Discussion of the current bylaws for the Parks and Recreation Advisory Board Library Director Mary Rodne informed the Committee that the City Secretary’s office had prepared a general template for all Boards, Commissions and Committees for their bylaws. Committee members were asked to review the current bylaws and make notes for the January meeting. Rodne concluded that when the update of the Parks and Recreation Advisory Board Bylaws is complete, they will be forwarded to the City Council for approval. 4.CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA None 5.ADJOURNMENT Kathryn Wheat moved to adjourn the meeting at 6:25 p.m. Brett Oliver seconded the motion. The motion carried with a unanimous vote. APPROVED BY A VOTE OF 6 AYES, 0 NAYS, AND 0 ABSTENTIONS ON THIS THE 7TH DAY OF JANUARY 2013. Minutes taken and prepared by: Kathy E. Moore Administrative Assistant RESOLUTION R-13-3590 A RESOLUTION APPROVING CITY COUNCIL ACTION UNDER BUSINESS AT THE REGULAR CITY COUNCIL MEETING OF JANUARY 15, 2013 WHEREAS,City 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 City 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 15TH DAY OF JANUARY 2013. ATTEST:CITY OF COLLEYVILLE Amy Shelley David Kelly City Secretary Mayor