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HomeMy WebLinkAboutCity Council-Agenda Packets-12/3/2002 City of Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD DECEMBER 3, 2002 5:15 P.M. - 6:30 P.M. - PRE-COUNCIL AGENDA 6:30 P.M. - METROPORT TEEN COURT ADVISORY BOARD INTERVIEWS PC.-1 Discussion of the proposed Ethics Ordinance PC.- 2 Discussion of December 3, 2002, City Council regular agenda items REGULAR AGENDA 6:45 P.M. - CALL TO ORDER ROLL CALL 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Reverend Lloyd McCutchen, Pleasant Glade Assembly of God Church PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-2065 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 19, 2002 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1374 - Amending 0-01-1284 approving the Village Monticello Partners, Ltd., Village Management Ltd., Village Owner's Association (VOA) and Realty Capital Corporation City/Developer Agreement 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1376 - Approval of the Zoning Change from AG to R20 Single Family Residential on 0.443-acres located at 612 Shelton Road, Case Z-02-027 6. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1377 - Approval of the Zoning Change from R40 Single Family Residential to R20 Single Family Residential on 1.00 acres located at 304 W. Van Oaks Drive, Case Z-02-030 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1378 - Approval of the Special Use Permit for an accessory building on Lot 1, Block 1, Mikolaitis Addition located at 2309 Hall Johnson Road, Case Z-02-032 8. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1379 - Approval of the Zoning Change from CPO Professional Office to PUD-C Planned Unit Development Commercial on Tract A2, Block 2, Highland Acres located at 5314 Bransford Road, Case Z-02-033 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1380 - Adopting TXU Gas Distribution general service rates including rate adjustment provisions and miscellaneous service charges for sales and transportation of natural gas to residential, commercial and industrial customers 10. READING AND PUBLIC HEARING - Resolution R-02-2066 - Approval of a Settlement Agreement with TXU Electric and TXU Gas relating to claims arising out of electric and gas franchise fee calculations prior to January 1 , 2002 11. READING AND PUBLIC HEARING - Resolution R-02-2067 - Consideration of appointment to the Metroport Teen Court Advisory Board 12. READING AND PUBLIC HEARING - Resolution R-02-2068 - Approval of funding allocation for the design, construction and installation of the Colleyville City Hall and Public Library sculpture, in the amount of $51 ,800 13. READING AND PUBLIC HEARING - Resolution R-02-2069 - Approval of the construction contract with Carter Construction Company for the Grapevine- Colleyville Independent School District (GCISD) ballfield improvements, in the amount of $65,000 14. READING AND PUBLIC HEARING - Resolution R-02-2070 - Approval of the Final Plat of Westcliff Addition, 57.112 acres located on the north side of McDonwell School Road, west of Fire Station No.3, Case P-02-042 15. READING AND PUBLIC HEARING - Resolution R-02-2071 - Approval of purchasing a truck-mounted high-pressure sewer cleaner through the Texas Local Government Statewide Purchasing Cooperative (BuyBoard), in the amount of $81,000 16. READING AND PUBLIC HEARING - Resolution R-02-2072 - Approval of the submittal of the application for trail construction and related improvements for the Texas Department of Transportation's "Safe Routes to School" program TABLED ITEMS: 17. CONSIDERATION OF ORDINANCE 0-02-1337.4 - Approval to amend Ordinance 0-99-1131 PUD-C (Planed Unit Development-Commercial), requested by Richard Myers, Realty Capital Corporation for the Village at Colleyville, Case Z-02-01 0 18. CONSIDERATION OF RESOLUTION R-02-2056 - Approval of an Agreement between Broadland Limited Partnership, the David Bagwell Company and David Bagwell and the City of Colleyville relating to the Colleyville trail system CITIZEN COMMENTS: 19. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 3, 2002 - Reading and Public Hearing - Resolution R-02-2073 ADJOURNMENT: 21. ADJOURNMENT I hereby certify the above agenda was posted on the bulletin board at City Hall on Tuesday, November 26,2002, at 4:30 p~. L L ') Y-4~ r v,,-/ ~ Singleton, TR C City Secretary 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 817.577.7575, and reasonable accommodations will be made to assist you. PRE-COUNCIL Cd)" Of \1]\ .'~ilce AGENDA BRIEFING ~\EI TL~-"~~ MEETING DATE: ITEM # : 12/03/02 PC-1 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of the proposed Ethics Ordinance As a follow-up to the October 15, 2002, Pre-CC meeting related to the proposed Ethics Ordinance, Councilman Newton prepared the attached comments for consideration. A copy of the proposed Ethics Ordinance is also attached. This item provides the opportunity for the City Council to discuss the proposed Ethics Ordinance. ATTACHMENTS · Ethics Ordinance Comments, as prepared by Councilman Newton · Proposed Ethics Ordinance Memo To: Colleyville Ethics Committee From: Richard Newton, City Council Place 4 Subject: Proposed Ethics Ordinance I really appreciate the many hours that you have devoted to this effort individually and as a group. Volunteer activities take a tremendous amount of personal time and I cannot overstate how indebted the elected officials and citizens are to you for your commitment to the city's well being. As I reviewed the proposed Ethics Ordinance, I made a conscious effort to consider it from all vantagepoints based on my experience in seven political campaigns and as a seven term elected official. I considered the positive aspects that we hope to achieve by defining guidelines for ethical behavior, as well as the possible unintended results that may not be so positive. I verbally shared my thoughts with the city council in the pre-council work session the meeting before last. The consensus of the council was for all individual council members to share any comments and suggestions that they had on the proposed ordinance with the Ethics Committee for consideration prior to the city council taking action on the ordinance. I have attempted to document my thoughts and suggestions in as straight forward a way as possible. I will be happy to talk to any of you at any time to clarify or elaborate on any of these points. I read the ordinance from two perspectives. One was considering how it may be applied as a political weapon in a politically divisive climate like we often have in Colleyville. And the other from a perspective of it's effectiveness in challenging everyone to behave in an ethical manner. We all want to accomplish the latter, but if it becomes a political weapon the entire purpose of the ordinance can be defeated. I have arranged my comments by section of the ordinance. Statement of Policy and Construction 1. Last sentence - The provisions of the Code of Ethics shall be construed liberally to promote the foregoing policies. Comment: It is not clear what he phrase "shall be construed liberally" means. Suggestion: Rewrite the phrase to put the meaning in plain language. R. Newton Memo to Ethics Committee Standards of Conduct 3.2 No city official shall grant in the discharge of his or her official duties an improper favor, service or thing of value to any person or entity. Comment: "Improper" is not defined and is left to subjective interpretation. Different people would consider the same action or situation by different standards. What could be improper to one is not improper to another, especially in a politically charged situation. Suggestion: Provide some level of definition or guidelines for the interpretation of improper. 3.4 No city official or their immediate family members shall accept or solicit any eift. favor. service or thine of value from any person or entity that is seeking a decision. . . . . . . . . Comment: What about the solicitation of monetary contributions or contributions in kind for the benefit of the city by an elected official or any official in a position of discretionary authority? Even though a solicitation may be for the city, the motivation could be for political reasons if the thing solicited would benefit the individual personally, such as political capital for a coming election. Even though the thing solicited was for the benefit of the city, this could be considered coercion depending on how it was done and the influence that was brought to bear. Suggestion: Request the city council to establish policy guidelines for the proper solicitation of things of value from any person or entity that the city councilor any appointed position would likely make discretionary decisions about. I would suggest that this policy could be as simple as having the city council agree as a body what city solicitations could be for, prioritize them, agree on who the solicitor would be and when they would be approached. There is currently no policy like this and there is confusion on what is being solicited, why, and who authorized it on the city's behalf. In addition businesses and individuals that do business with Colleyville get multiple uncoordinated solicitations on the city's behalf. This is difficult for the businesses and individuals that do business within Colleyville and could lead them to feel coerced. 3.5 No city official shall disclose any confidential information gained by reason of their position with the city concernine property. operations. policies or affairs of the city, ..... This paragraph shall not preclude the disclosure of confidential information in connection with any investigation...... Comment: There is no definition of confidential information and no policy in the city regulates who has the authority to define what is confidential information. Therefore this is completely subjective and has a high likelihood of being misused for political reasons. It could be used to keep information about city operations, policies, or affairs that citizens have every right to know hidden from public view for political reasons. I believe this a dangerous item to put in the ordinance. There are state laws that govern information that 2 R. Newton Memo to Ethics Committee can and can't be released. I believe this requirement provides a political weapon in city politics that if used as such could create havoc for the city if challenged by the Freedom of Information Act and other state and federal laws designed to protect the public's right to know. If state law precludes confidential information from being disclosed, city law doesn't have the authority to circumvent the state law. Suggestion: Eliminate section 3.5 and rely on state law OR recommend that the city council define a policy by ordinance on what can be defined as confidential and the process for doing so OR define what is considered to be confidential based on state or federal law . The Flower Mound Ethics ordinance refers to information deemed "confidential by law". If section 3.5 remains, modify the statement that allows confidential information to be disclosed in order to comply with state law 3.7 No city official shall grant special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen. Comment: Applying this just to citizens is too limiting. Special considerations, treatment, etc. could wrongfully be granted to any person or entity that does business with the city in order to benefit a city official that has discretionary authority over that person or entity. Suggestion: Expand this to any person or entity that does business with or in the city of Colleyville. 3.9 No city official. . ... shall aCQuire an interest in any contract, transaction, zoning decision, or other matter or property at a time when such official knew or had reason to believe that the interest would be effected by an official act or action of the city. Comment: It's not clear to me that this applies to the situation where a city official has a business relationship with another person or entity that encompasses property or business activity outside of the city, county or state, and the other person or entity has separate property or business activity within the city that the city official has discretionary authority over. In this situation the city official could make decisions in the normal course of city activity that could be beneficial to the other person or entity and therefore indirectly benefit because of the good will equity created with the entity or person that the city official has a business relationship with. Suggestion: Add language that insures even indirect relationships that could result in benefit to the city official even if those benefits are realized through property or business activity anywhere outside of Colleyville. 3 R. Newton Memo to Ethics Committee 3.11 City Officials shall not use their Dosition to solicit or accept employment. . .. with a person or entity that is seeking a decision..... Comment: Why should this be qualified by "shall not use their position". I don't think officials should seek employment with a person or entity that is seeking a decision on the exercise of discretionary authority from that official. Suggestion: Remove the phrase "shall not use their position". 3.12 City officials shall disclose.........in accordance with this code. state law or other city code or charter Drovisions. Comment: This seems totally redundant. By their very nature if this code, state law or other city code or charter provisions requires disclosure then it must be done according to those instruments. Why is this restated here? Suggestion: Drop section 3.12 for brevity and clarity. 3.13 City officials shall disclose any interest in an affected entity or in affected real DroDerty held by them or their immediate family... ....if the official participates in discussion with or gives an official opinion or recommendation to........... Comment: This is a good requirement, but it doesn't go far enough. It doesn't handle the indirect relationships described in the section 3.9 comment. In other words, it doesn't require that the official disclose a business relationship with persons or entities that the official may participate in discussions, official opinions, or decisions concerning separate business activity that those persons or entities have with the city. Suggestion: Add language that would require the official to disclose these indirect relationships. Establishment of Ethics Commission 5.1 The Commission shall consist of six (6) members. Comment: The ordinance is mute on the voting procedures the Commission is to use. A six member Commission can have a tie vote. The ordinance is mute on criteria for qualification to be a Commissioner. This means that a non-citizen, a person that does business with the city, a business associate of an official, etc. could be appointed to the Commission. Suggestion: Expand the Filings and Disposition of Complaints section to add specific procedures for due process and require that decisions are only reached on an affirmative vote of five Commissioners. (Reference page 10 section F of the City of Arlington, a 4 R. Newton Memo to Ethics Committee violation requires the affirmative vote of at least seven (7) members of the commission, which only has eight (8) members.) Add requirements for members. For instance the Arlington ordinance requires that they be residents, can't hold an office or be an elected official, can't be a candidate for any such office or hold any other city appointed position. The Keller ordinance selects commissioners from a pool of former and retired municipal, county and district judges but not Keller citizens that are put in place to hear specific complaints and then dissolved. 5.2 After nomination each member must be confirmed by the city council. Comment: Why must the entire council confirm the nominations. That would allow the majority council members to control the appointments of the minority council members similar to what the democrats have done with President Bush's judge appointments. Suggestion: Add criteria for membership and allow each council member to appoint a Commissioner without confirmation by he full councilOR go to a system like Keller. 5.4 Any member of the Ethics Commission can be removed with or without cause by majority vote of the city council. Comment: This gives the council majority complete control of the Ethics Commission. The minority members should have protection against their nominations being removed for no cause. Suggestion: Remove section 5.4. 5.6 Four members.... .. ..shall constitute a quorum. Comment: At least five members should constitute a quorum, and an affirmative vote supporting a violation should require five votes. (See section 5.1 above.) Suggestion: Increase the quorum to five. Legal Opinions Comment: If I understand this process correctly, it could be used by an official to circumvent the Ethics Commission process by requesting a legal opinion prior to a complaint being filed. This could lead to a race to get the request for legal opinion filed and the filing of a complaint by someone else. Also, if a legal opinion is filed, it is binding on the city if a complaint is subsequently filed, thereby avoiding Commission review because the city attorney opinion would hold. This is important because the ordinance has several subjective requirements that aren't based on fact of law, but personal opinion of the individuals handling the complaint. The ordinance should insure that all complaints are handled by the same process. 5 R. Newton Memo to Ethics Committee Suggestion: Modify the process to clarify when a legal opinion can be requested. Since speculative or advisory opinions can't be requested, it is not clear to me under what conditions a legal opinion can be requested. For office holders advisory opinions would be useful even if they were non binding. In addition, to be fair to all, there should not be a way to circumvent the process if a complaint is filed. Filing and Disposition of Complaints 7.1 A person may file a complaint. . ... A complaint must be filed within one year of the date of occurrence of the incident, or within 90 days of the discovery of the incident, whichever is sooner. Comment: Any person can file a complaint. This allows a person that is not a citizen to file a complaint. This has pros and cons. On the positive side, a non-citizen could have been a victim of unethical influence and would have personal knowledge in which case that person would be doing a service to the citizens of Colleyville to file a complaint. On the other hand, since there are subjective interpretations in the ordinance, anyone could file a complaint at any time, citizen or non-citizen, claiming an interpretation that suits their political agenda in order to damage an official politically. A non-citizen would have absolutely no equity stake in the city and could do this without repercussions of any kind. In addition, a non-citizen that desired to do business in Colleyville, but was turned down could do the same thing. I don't understand why the time limits of one year from the date of occurrence or within 90 days of the discovery of the occurrence are imposed. I don't know how the date of the discovery of the occurrence can be established. If an occurrence did occur and a complainer didn't learn about it until well after 90 days of the actual occurrence, then the official that committed the occurrence may mount a defense that the complainant didn't report it until after 90 days and therefore the complaint is invalid. I don't think a fixed time frame is appropriate. Suggestion: Replace the time limits as they are written with as long as the official holds an official position. 7 .3 Upon receipt of a complaint. . . .. Comment: No rules of decision making and process are defined. This can lead to confusion and inconsistency. Also, there is no provision for confidentiality until the complaint has been confirmed that it is valid as to form and that it adequately alleges a violation. This is unfair and allows the ordinance to easily be used as a powerful political weapon. The Texas Ethics Commission procedure provides a good model for process. The City of Arlington does as well. They both provide for a period of confidentiality so frivolous complaints can't be used for political purposes. 6 R. Newton Memo to Ethics Committee Suggestion: Establish a due process that includes a period of confidentiality until the complaint is officially accepted. I would suggest the City of Arlington process. It seems to be very thorough and closely models the Texas Ethics Commission process. 7.5 (b) If the violator is an elected city official, the matter shall be placed on the next regularly scheduled city council meeting and the city council shall accept, reject or modify the recommend sanction or penalty. Comment: The city council is a political body. It is not capable of regulating itself or fairly applying sanctions to political opponents. This would degenerate into a political battle and could easily and unfairly take advantage of the minority members of the political body. Suggestion: Replace 7.5 (b) with language that would assign a jury of peers through the city judicial system as the authority to accept, reject, or modify the recommended sanctions or penalty. This is the tried and true method of getting justice in the USA and it avoids the political pitfalls. OR, establish a system similar to Keller's that uses outside former and retired judges to act as the Commission. Each comment that I've made has a basis in my experience as an elected official. Individuals that have not held elected office would not necessarily have the same experiences and would not necessarily relate to some of these comments initially. Again, I will be happy to discuss these comments and suggestions at your convenience. Thank you for considering them. 7 ORDINANCE NO. AN ORDINANCE ADOPTING AN ETHICS CODE, PROVIDING FOR A STATEMENT OF POLICY AND CONSTRUCTION, ESTABLISHING DEFINITIONS, PROVIDING STANDARDS OF CONDUCT, REQUIRING DISCLOSURES, ESTABLISHING AN ETHICS COMMISSION, PROVIDING FOR LEGAL OPINIONS, ESTABLISHING A PROCEDURE OF FILING A DISPOSITION OF COMPLAINTS, AND ESTABLISHING A RANGE OF SANCTIONS AND PROVIDING FOR RECISSION OF A PRIOR RESOLUTION. WHEREAS, the City Council of the City of Colleyville deems it is in the best interest of the citizens of the City of Colleyville to establish an ethics code, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS, AS FOLLOWS: Sec. 1: THAT an ethics code providing as follows is hereby adopted: "COLLEYVILLE ETHICS CODE Statement of Policy And Construction 1. Officials of the City of Colleyville have a special responsibility to the citizens of Colleyville. They should be dedicated to the highest ideals of honor and integrity in all public and personal relationships. They should demonstrate a commitment to the preservation of the values and integrity of local government, and a dedication to effective, efficient government. In order to further these objectives, the Colleyville Code of Ethics is adopted. The provisions of the Code of Ethics shall be construed liberally to promote the foregoing policies. Definitions 2. As used in this Code of Ethics the following identified terms have the stated meaning: (a) "Effected" means reasonably likely to be subject to a direct economic effect or consequence, either positive or negative, as a result of a vote, decision or action by the City. (b) "Citv" means the City of Colleyville. (c) "Citv Official" means the following: Any member of the City Council, including the Mayor, the City Manger, the City Attorney, the Judge of the City's Municipal Court and any appointed member of a board, commission, authority or committee set up by ordinance, the Charter, the State Law or otherwise on a temporary or permanent basis, but not members of a board, commission, authority or committee which functions only in a advisory or study capacity and which has no discretionary, government, quasi judicial or administration authority. (d) "Decision" means a vote and any deliberations on any ordinance, resolution, contract, franchise or other matter. (e) "Discretionary Authoritv" means the power to exercise any discretion in a decision or action. (f) "Entitv" means a sole proprietorship, partnership, limited partnership, firm, corporation, professional corporation, holding company, joint stock company, joint venture, receivership, trust, or any other entity recognized by law through which business may be conducted. (g) "Immediate Familv Member" means the spouse, parent, parent-in-law, brother, brother-in-law, sister, sister-in-law, child, son-in-law, daughter-in-law, or other person living in the same residential dwelling unit of the person. (h) "Person" means an individual, proprietorship, partnership, corporation, association, or other legal entity. U) "Substantial Interest" means: A person has a substantial interest in an entity if they have a 10% or more ownership interest in the entity, the value of the person's interest in the entity exceeds $15,000.00 or the person has received from the entity 10% or more of the person's gross income for the preceding year. A person has a substantial interest in real property if the person's interest exceeds a value of $2,500.00. Standards of Conduct 3.1 No city official shall make a decision or exercise their discretionary authority with regard to an entity or property in which he or she has a substantial interest. 3.2 No city official shall grant in the discharge of his or her official duties any improper favor, service or thing of value to any person or entity. 3.3 No city official shall make or permit the unauthorized use of city owned vehicles, equipment, materials or property. 3.4 No city official or their immediate family members shall accept or solicit any gift, favor, service or thing of value from any person or entity that is seeking a decision or the exercise of discretionary authority from such official or from the city council, commission or agency of which such official is a member. This prohibition shall not apply to: (a) a non-pecuniary gift, the value of which is $25.00 or less; or (b) an award publicly presented in recognition of public service; or (c) gifts from family members. 3.5 No city official shall disclose any confidential information gained by reason of their position with the city concerning the property, operations, policies or affairs of the city, or use such confidential information to advance any personal interest, financial or otherwise, this paragraph shall not preclude disclosure of such confidential information in connection with any investigation or proceeding regarding whether there has been a violation of the standards of conduct set forth in this code. 3.6 No city official shall hold himself/herself out as representing the city in any capacity other than that for which he/she was appointed or elected. 3.7 No city official shall grant any special consideration, treatment or advantage to any citizen beyond that which is available to every other citizen. 3.8 No city official shall use his or her position or city facilities, personnel, equipment or supplies to secure special privileges or exemptions for himself/herself or others or for the private gain of the city official. 3.9 No city official or their immediate family members shall acquire an interest in any contract, transaction, zoning decision, or other matter or property at a time when such official knew or had reason to believe that the interest would be effected by an official act or action of the city. 3.10 No city official shall ask or direct another official to take action or to fail to take action that violates this code. 3.11 City officials shall not use their position to solicit or accept employment for themselves or their immediate family members with a person or business entity that is seeking a decision on the exercise of discretionary authority from such official, or the board, commission or agency of which such official is a member. 3.12 City officials shall disclose any interest in an entity or in real property in accordance with this code, state law or other City code or charter provisions. 3.13 City officials shall disclose any interest in an effected entity or in effected real property held by them or their immediate family members if the official participates in discussion with or gives an official opinion or recommendation to the city councilor any city board, commission or agency concerning the effected entity or effected real property. 3.14 It shall not be a violation of this code for a city official or their immediate family members to contract with the city if the contract is awarded through a process of public notice and competitive bidding, if such notice and competitive bidding are required by state law; and the contract is with a division or agency over which the official has no functions requiring the exercise of discretion. Disclosures 4. Any city official, who becomes aware that a decision or exercise of discretionary authority by the person would constitute a violation of the ethical standards of conduct adopted in this code or by whom this code requires disclosure, shall promptly file with the City Secretary a written statement of the conflict or make the disclosure by completing the form established by the City Manager from time to time for reporting such conflicts or disclosures. Establishment of Ethics Commission 5.1 The Colleyville Ethics Commission is hereby established. The Commission shall consist of six (6) members. 5.2 Members to the Colleyville Ethics Commission shall be appointed by nomination and confirmation. Each member of the City Council, including the Mayor, shall nominate an individual as a member of the Colleyville Ethics Commission. After nomination each member must be confirmed by the City Council. 5.3 The term of office of the members of the Ethics Commission shall run concurrently with the elective term of office of the member of the City Council which nominated them. All members of the Ethics Commission shall be residents of the City of Colleyville. 5.4 Any member of the Ethics Commission may be removed with or without cause by majority vote of the City Council. Upon removal the replacement of the removed member shall be based upon the nomination by the council place which originally nominated the removed member and by confirmation by the City Council. 5.5 The Colleyville Ethics Commission will meet annually to review the City Ethics Policy. The City Manager shall call additional meetings of the Ethics Commission as required. 5.6 Four members of the Colleyville Ethics Commission shall constitute a quorum. Legal Opinions 6.1 Any individual whose conduct is governed by this code shall have the right to request from the City Attorney a legal opinion as to the application or effect of this code upon any actual situation involving the requestor; provided said opinion must be requested prior to the filing of any complaint arising out of the situation. Speculative or advisory opinions shall not be requested. A request for a legal opinion shall be filed with the City Secretary . 6.2 Upon filing of a request for a legal opinion with the City Secretary the matter shall be referred to the City Attorney. The City Attorney shall render a legal opinion within 15 working days of the date of the request. In preparing the legal opinion, the requestor shall respond to request for information from the City Attorney's office concerning the matter. In the event the requestor fails to respond the City Attorney may refrain fromnissuing a legal opinion. 6.3 A legal opinion shall be binding upon the individual requesting same until amended or revoked. In the event a complaint is filed concerning the matter in which the legal opinion was rendered, the opinion shall be binding upon the City except to the extent the opinion was issued in bad faith or based upon material misrepresentations or omissions by the requestor. Filing and Disposition of Complaints 7.1 A person may file a complaint with the City Secretary alleging a violation of this code by any city official. A complaint must state (1) the specific section(s) of the code alleged to have been violated; (2) the specific act(s) which violated the section(s); and (3) that the complaining party has personal knowledge of the acts. In addition, the complaint must be given under oath. The complaint shall be made on such a form as the City Manager may from time to time designate. A complaint must be filed within one year of the date of the occurrence of the incident, or within 90 days of the discovery of the incident, whichever is sooner. 7.2 Upon filing of a complaint in the form required by the code, the City Secretary shall forward a copy of the complaint to the person who is alleged to have violated the code and the City Manager within three (3) working days. 7.3 Upon receipt of a complaint, the City Manager shall convene a meeting of the Ethics Commission as promptly as possible. At the initial meeting, the Commission may summarily dismiss the complaint if it determines that the complaint is defective, untimely or the allegations in the complaint fail to state a violation of the code. If the Commission determines that the complaint is in proper form, timely and adequately alleges a violation of the code, then the Commission shall set a time for the complaint to be heard. The complaint shall be heard within 45 days of the date the complaint is filed. The Commission may continue a hearing date if necessary to promote justice. 7.4 At the hearing, the Commission shall receive evidence from the complainant and the respondent. The Commission may request information from the City Manager or the City staff. 7.5 After the hearing the Ethics Commission shall file a written finding as to whether or not the code has been violated and shall recommend a sanction or penalty in the event a violation is found, as follows: (a) If the violator is the City Manager or an appointee of the Council, the recommendation shall be directed to the City Council, and the City Council shall have authority to determine the propriety and extent of the sanction or penalty. (b) In the event the violator is an elected city official, the matter shall be placed on the agenda for the next regularly scheduled City Council meeting, and the City Council shall either accept, reject or modify the recommended sanction or penalty. Range of Sanctions and Penalties 8. Upon the finding of a violation of the code, the following sanctions and penalties shall be recommended: (a) When the violation is clearly minor and unintentional a letter of notification shall be issued describing the violation and informing the party of appropriate actions to be taken to avoid future violations. (b) When a violation is minor and mayor may not have been intentional, and the violation calls for a more substantial response than a letter of notification, then a letter of admonition shall be issued. (c) When the Ethics Commission finds a violation has been committed either intentionally or through disregard of the code or a legal opinion issued by the City Attorney a letter of reprimand shall be issued. (d) If the Ethics Commission finds that a serious or repeated violation of the code has been committed by the City Manager or an appointee of the Council, either intentionally or through reckless disregard of the code, a recommendation of removal or suspension shall be made. Recommendations of suspension shall include a suggested length of suspension. (e) If the Ethics Commission finds a serious or repeated violation of the code has been committed by an elected official, either intentionally or through reckless disregard of the code, a recommendation to call for the resignation of the elected official shall be made." Sec. 2: THAT upon the adoption of this Ordinance, Resolution Number R-01-1789 is repealed. AND IT IS SO ORDERED The first reading and public hearing being conducted on the _, 2002. day of The second reading and public hearing being conducted on the ,2002. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, City Secretary Donna Arp, Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster, City Attorney PRE-COUNCIL cce", AGENDA BRIEFING rL'.""~ MEETING DATE: I ITEM #: ! 12/03/02 PC-2 CITY MANAGER I DEPARTMENT HEAD ! FINANCE REVIEW I N/ A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Discussion of December 3, 2002 City Council regular agenda items This item provides the opportunity for the City Council to discuss the regular agenda items. CITY COUNCIL c\ty Qf cae", AGENDA BRIEFING 71.'.'I:;l$ MEETING DATE: I ITEM #: I RESOLUTION #: I 12/03/02 1 N/A CITY MANAGER I DEPARTMENT HEAD i FINANCE REVIEW i N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter D EXECUTIVE SESSION -In accordance with Texas Government Code Chapter 551, Subchapter D Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda RESOLUTION R-02-2065 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF DECEMBER 3, 2002 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a. THAT the minutes of the regular City Council meeting of November 19, 2002, are hereby approved. AND IT IS SO RESOLVED. APPROVED THIS AYES, DAY OF NAYS AND 2002 BY A VOTE OF ABSTENTIONS. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING NOVEMBER 19, 2002 The Pre-Council meeting of the Colleyville City Council was called to order by Mayor Arp on November 19, 2002, at 5:20 p.m. ROLL CALL: Councilpersons Brad Rice, Rich Hendler, Richard Newton and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, Deputy City Manager Dianne McWethy, Interim Community Development Manager Clayton Husband, Public Services Director Keith Fisher, Engineer Chris Steubing, Human Resources Manager Kelly Cooper, Financial Analyst Collin Boothe, Parks and Recreation Manager Monica Walsh, Records Manager Matt Denton, Administrative Assistant Cindy Martin, and City Secretary Cynthia Singleton were also present. Councilman Joe Hocutt was absent. PC.-1 Discussion of the work plan and City Web based information for the Update of the City of Colleyville Master Plan Community Development Manager Clayton Husband provided an overview of the work plan and City web based information for the update of the City of Colleyville Master Plan. There was general discussion regarding the process and timing of providing citizens with updates of the Masterplan. PC.- 2 Discussion of Sanitary Sewer Repair Ordinance Ms. Martha Walker, 7109 Jo Will Street, spoke regarding sanitary sewer repairs at her residence. Discussion ensued regarding the responsibility of the City and homeowners related to making repairs in the sanitary sewer system. Council requested that staff place an item on a future agenda regarding the responsibility of the City related to making repairs in the sanitary sewer system. CITY COUNCIL MINUTES NOVEMBER 19, 2002 PC.- 3 Discussion of November 19, 2002, City Council regular agenda items There was general discussion regarding City Council regular agenda items. Mayor Arp declared the meeting adjourned at 6:45p.m. The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on November 19, 2002, at 6:48 p.m. ROLL CALL: Councilpersons Brad Rice, Rich Hendler, Richard Newton, and Mayor Pro Tem Tigue were present. Mayor Donna Arp, City Manager Bill Lindley, Deputy City Manager Dianne McWethy, Finance Director Terry Leake, Interim Community Development Manager Clayton Husband, Public Services Director Keith Fisher, Engineer Chris Steubing, Human Resources Manager Kelly Cooper, Community Center Manager Lin Przybyl, Parks and Recreation Manager Monica Walsh, Financial Analyst Collin Boothe, Record Manager Matt Denton, Administrative Assistant Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia Singleton were also present. Councilman Joe Hocutt was absent. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551 , Subchapter D Sec. 551.071 - Sec. 551.071 - Consultation with Attorney on Legal Issues Raised by Public Hearing or Action Items on the Agenda Legal - Contemplative Litigation - Justice Center Legal - Pending Litigation - Windview Homeowners Association Sec. 551.071 - Mayor Arp explained that the Executive Session had been called in accordance with the Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal, Section 551.072 - Property Acquisition, and Section 551.074 - Personnel. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:50 p.m. and reconvened at 7:40 p.m. The invocation was given by Associate Pastor Jan Baldwin of the First United Methodist Church, after which Ross Foster led the Pledge of Allegiance. 2 CITY COUNCIL MINUTES NOVEMBER 19, 2002 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Councilman Richard Newton reported that he and Councilman Hendler attended the dedication and renaming of Fire Station Number One for Mr. Robert Bufe, who served as a volunteer fireman for the City. Councilman Newton commended Fire Chief Mike Johnston and Fire Marshall Jeff Jones for providing an official ceremony honoring Mr. Bufe. Mayor Arp expressed gratitude to the City of Grapevine firefighters for attending the ceremony. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-02-2054 - Consent Items: a. Approval of minutes of the regular City Council meeting of November 6, 2002 b. Approval of award for Alt Benefit Consultants to provide Flexible Spending Accounts c. Approval of renewal for health and dental insurance to Blue Cross Blue Shield of Texas d. Approval of a donation of a framed oil painting to the Colleyville Community Center e. Approval of donation of a framed print to the Colleyville Community Center f. Approval of Amendment to Employment Agreement between the City of Colleyville and City Manager Mayor Arp opened the public hearing and read Resolution R-02-2054 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue expressed gratitude to Ann Hardy for the donation of the framed oil painting. City Attorney Ross Foster stated the Section 3.01 of the City Manager's contract should include after $110,160, the words "in installments" ... Mayor Pro Tem Tigue moved to approve Resolution R-02-2054 with the amendment as so noted by the City Attorney. 3 CITY COUNCIL MINUTES NOVEMBER 19, 2002 Councilman Rice seconded the motion. Councilman Hendler reported that the Lion's Club donated the framed print to the Colleyville Community Center. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1371 - Approval of the Special Use Permit for a Carport on Lot 25R, Block 1, Rustic Oaks Addition located at 209 Valley View Drive South, Case Z-02-026 Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1371. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton moved to approve Ordinance 0-02-1371 . Mayor Pro Tem Tigue seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 5. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1372 - Amending Ordinance 0-02-1339 relative to fees and reservations for the use of park athletic and recreation facilities Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1372. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice requested that staff review the athletic field use fee structures with the sports associations. Councilman Newton thanked staff for providing information related to the agreement between the City and youth associations and the resident and non-resident fees. 4 CITY COUNCIL MINUTES NOVEMBER 19, 2002 Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1372. Councilman Newton seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 6. SECOND READING AND PUBLIC HEARING - Ordinance 0-02-1373 - Amending Ordinance 0-02-1362 setting fees and charges for city services and facilities Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1373. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Ordinance 0-02-1373. Councilman Hendler seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1374 - Amending 0-01-1284 approving the Village Monticello Partners, Ltd., Village Management Ltd., Village Owner's Association (VOA) and Realty Capital Corporation City/Developer Agreement Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1374. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Rice proposed the following amendment: Add a number 25 stating: To the extent that anything contained in the City Developer Agreement requires prior approval of TxDOT, neither the City nor the Developer shall be liable for any provision herein until appropriate approval of that specific TxDOT provision has been obtained. 5 CITY COUNCIL MINUTES NOVEMBER 19, 2002 Mr. Richard Myers, 300 Lloyd Circle, applicant, was present to answer questions of the Council. Discussion ensued regarding the use of the developer's name versus the Village Owner's Association, funding and timeline for the completion of the realignment of the intersection at Thompson Terrace, ownership of parking lots, reimbursement of utility costs, author of agreement, funding of a wrought iron fence separating City Park and City Hall and designated parking and enforcement. 8. READING AND PUBLIC HEARING - Ordinance 0-02-1375 - Authorizing the issuance of Waterworks and Sewer Revenue Refunding Bonds, Series 2002 This item was considered in the Item 18 position. Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1375. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Jim Sabonis, Financial Advisor, First Southwest Company, was present to answer questions of the Council, provided a summary of the Bond Sale and reported that the City's bond rating has been upgraded by Standard & Poor's to AA- and by Fitch, AA+ rating. Mayor Arp commended staff for sound management of the City's finances. Mayor Pro T em Tigue moved to approve Ordinance 0-02-1375. Councilman Hendler seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 9. FIRST READING AND PUBLIC HEARING - Ordinance 0-02-1376 - Approval of the Zoning Change from AG to R20 Single Family Residential on 0.443-acres located at 612 Shelton Road, Case Z-02-027 This item was considered in Item 8 position. Mayor Arp opened the public hearing and read the caption of Ordinance 0-02-1376. 6 CITY COUNCIL MINUTES NOVEMBER 19, 2002 There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding definition of lot of record. Ms. Dinah Stephens, 612 Shelton Road, applicant was present to answer questions of the Council. 10. READING AND PUBLIC HEARING - Resolution R-02-2055 - Approval of authorizing one reading of an ordinance for the issuance of debt for which the only purpose is to refund prior debt issues This item was considered in Item 17 position. Mayor recessed the meeting at 9:15 and reconvened at 9:25 p.m. Mayor Arp opened the public hearing and read Resolution R-02-2055 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton moved to approve Resolution R-02-2055 with the following amendments: Add a phrase to the end of Section 1: "only when necessary to take advantage of advantageous market conditions". Change Section 2 to become Section 3. Add a new Section 2: "The City Council will not issue new debt without two readings of the funding ordinance as required by the City Charter". Councilman Hendler seconded the motion. Mr. Jim Sabonis, First Southwest Company, was present to answer questions of the Council. Mayor Arp reported that reissuing the bonds will provide a net savings to the City of approximately $92,000 over a twelve year period. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 7 CITY COUNCIL MINUTES NOVEMBER 19, 2002 11. READING AND PUBLIC HEARING - Resolution R-02-2056 - Approval of an Agreement between Broadland Limited Partnership, the David Bagwell Company and David Bagwell and the City of Colleyville relating to the Colleyville trail system This item was considered in Item 9 position. Mayor Arp opened the public hearing and read Resolution R-02-2056 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Jason Weaver of Goodwin and Marshall, Inc., representing the applicant, was present to answer questions of the Council. City Attorney Ross Foster recommended that Council table the item until Mr. Bagwell provides information, which verifies that Broadland Limited Partnership is the entity that owns Westcliff I. Mayor Pro Tem Tigue moved to table Resolution R-02-2056. Councilman Rice seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 12. READING AND PUBLIC HEARING - Resolution R-02-2057 - Approval of the Final Plat of Westcliff Addition, 57.112 acres located on the north side of McDonwel1 School Road, west of Fire Station No.3, Case P-02-042 This item was considered in Item 10 position. Mayor Arp opened the public hearing and read Resolution R-02-2057 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to deny without prejudice Resolution R-02-2057. Councilman Rice seconded the motion. Mr. Jason Weaver of Goodwin and Marshall, Inc., representing the applicant, spoke regarding the denial of the request. 8 CITY COUNCIL MINUTES NOVEMBER 19, 2002 Ayes: Council persons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 13. READING AND PUBLIC HEARING - Resolution R-02-2058 - Approval of permanent name change for Colleyville Community Center to Colleyville Center This item was considered in Item 11 position. Mayor Arp opened the public hearing and read Resolution R-02-2058 in its entirety. Mr. Jim Moore, 1416 Glade Road, spoke in favor of the proposed Resolution. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Hendler moved to approve Resolution R-02-2058. Councilman Newton seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 14. READING AND PUBLIC HEARING - Resolution R-02-2059 - Approval of the construction contract with American Civil Constructors, for the Cottonbelt Trail - Phase I, in an amount not to exceed $752,777.65 This item was considered in Item 12 position. Mayor Arp opened the public hearing and read Resolution R-02-2059 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Arp expressed gratitude to Deputy City Manager Dianne McWethy and staff for obtaining federal funds, in the amount of $713,887, to build the trail. Discussion ensued regarding the length and location of the trail and funding sources. Councilman Rice moved to approve Resolution R-02-2059. 9 CITY COUNCIL MINUTES NOVEMBER 19, 2002 Councilman Hendler seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 15. READING AND PUBLIC HEARING - Resolution R-02-2060 - Approval of directing the City Manager to proceed with Old Glade Road bridge improvements This item was considered in Item 13 position. Mayor Arp opened the public hearing and read Resolution R-02-2060 in its entirety. Dr. Rich Driscoll, 5005 Colleyville Boulevard, spoke in favor of the proposed Resolution. Mr. Ross McCready, 306 Lloyd Circle, spoke in favor of the proposed Resolution. Ms. Karen Luchessi, 800 Glade Road, spoke in opposition to the proposed Resolution and regarding future development of the area. Mr. Richard Myers, 300 Lloyd Circle, spoke in favor of the proposed Resolution and regarding access to Colleyville Plaza. There were no others present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue reported that Ms. Jan Henning of J & H Interiors could not attend the meeting and requested that it become a matter of record that she is in favor of the proposed Resolution. Councilman Newton moved to approve Resolution R-02-2060. Mayor Pro Tem Tigue seconded the motion. Discussion ensued regarding the rear entrance to the Colleyville Plaza, reason for staff's recommendation for denial of the Resolution, design of box culverts and funding sources. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 10 CITY COUNCIL MINUTES NOVEMBER 19, 2002 16. READING AND PUBLIC HEARING - Resolution R-02-2061 - Approval of an Interlocal Participation Agreement with the Texas Local Government Purchasing Cooperative This item was considered in the Item 14 position. Mayor Arp opened the public hearing and read Resolution R-02-2061 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton moved to approve Resolution R-02-2055. Councilman Rice seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 17. READING AND PUBLIC HEARING - Resolution R-02-2062 - Amending R-92- 737 related to non-resident sports association fees This item was considered in Item 15 position. Mayor Arp opened the public hearing and read Resolution R-02-2062 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding non-resident fees charged by peer cities and costs associated with use of athletic fields by non-residents. Mayor Pro Tem Tigue moved to approve Resolution R-02-2062. Councilman Newton seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 18. READING AND PUBLIC HEARING - Resolution R-02-2063 - Consideration of appointment to the Colleyville Tree Board 11 CITY COUNCIL MINUTES NOVEMBER 19, 2002 This item was considered in Item 16 position. Mayor Arp opened the public hearing and read Resolution R-02-2063 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Newton moved to approve Resolution R-02-2063. Councilman Hendler seconded the motion. Ayes: Councilpersons Rice, Hendler, Newton and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. ST AFF REPORTS: 19. MONTHLY FINANCIAL REPORT QUARTERLY INVESTMENT REPORT There was no action taken on this item. REPORTS: 20. COLLEYVILLE TREE BOARD MINUTES - November 5, 2001 COMMUNITY CENTER ADVISORY COMMITTEE MINUTES - August 12, 2002 COMMUNITY CENTER ANNIVERSARY SUBCOMMITTEE - August 21, 2002 COMMUNITY CENTER ANNIVERSARY SUBCOMMITTEE - September 26, 2002 PARKS AND RECREATION ADVISORY BOARD MINUTES - October 7,2002 LIBRARY BOARD MINUTES - October 14, 2002 PLANNING AND ZONING COMMISSION MINUTES - October 28, 2002 There was no action taken on this item. CITIZEN COMMENTS: 21. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr. Rocky Hudson, 7011 Colleyville Boulevard, spoke regarding the City code enforcement practices and the maintenance of property located at 7013 Colleyville Boulevard. 12 CITY COUNCIL MINUTES NOVEMBER 19, 2002 Mr. Glen Carlson, 106 Colonial Square, spoke regarding road conditions and construction traffic in northwest Colleyville and safety issues at railroad crossings. ACTION/RESOLUTION: 22. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 19, 2002 - Reading and Public Hearing - Resolution R-02-2064 This resolution was not needed. ADJOURNMENT: 23. ADJOURNMENT There being no further business before the City Council, Councilman Hendler moved to adjourn. Councilman Newton seconded the motion. Ayes: Councilpersons Rice, Newton, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 10:15 p.m. APPROVED THIS DAY OF 2002 BY A VOTE OF AYES, NAYS AND ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary 13 CITY COUNCIL cdyor ~ CC~Dce AGENDA BRIEFING 'rex.,::; MEETING DATE: 12/03/02 CITY MANAGER ITEM # : ! 4 DEPARTMENT HEAD ORDINANCE # : 0-02-1374 FINANCE REVIEW N.A. Previous Action: 11/19/02 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Amending 0-01-1284 approving the Village Monticello Partners, Ltd., Village Management Ltd., Village Owner's Association (VOA), and Realty Capital Corporation City/Developer Agreement Second Reading and Public Hearing Update The Council proposed several changes to the City/Developer Agreement at the November 19, 2002, meeting. A summary of the changes to the Agreement follows: General Change. There was discussion regarding the use of the term "developer" throughout the document, as there are several items in which the Village Owner's Association is specifically mentioned. The term "developer" is used when an item is required to be constructed. The term "VOA" is used when an item is required to be maintained, operated or repaired. Items 9, 10 and 12. Language referring to TxDOT approval was removed. A new section 25 was added related to TxDOT approval. Item 18. Language was updated to state that the Village Owner's Association is responsible for maintenance and operation of street signs and streetlights. Item 22. Language was updated to state that the Village Owner's Association is responsible for maintenance and repair to public drainage easement improvements. Item 25. A blanket statement was added regarding items that may require TXDOT approval before construction begins. First Reading and Public Hearing Backqround Over the past several months, staff and representatives of the Village at Colleyville have met to discuss amendments to the City/Developer Agreement (CDA) for the Village at Colleyville. The amendments are needed to clarify several provisions of the CDA and to make the CDA Agenda Briefing Ordinance 0-02-1374 Page 2 of 4 consistent with the proposed Village zoning ordinance changes (Ordinance 0-02-1337.4) and the existing Tax Increment Financing District Agreement. On advice from the City Attorney, several provisions were deleted, as the items are already required under the Village zoning ordinance or the Land Development Code. The original agreement was approved by the City Council on June 20, 2000 (Ordinance 0-00- 1219). The agreement has been modified three times to specify the City's participation in construction costs for public improvements related to water, sewer and roadways (Ordinances 0-00-1234,0-00-1251, and 0-001-1284). The most current agreement was approved by the City Council and signed by the Mayor on July 17, 2001 (Ordinance 0-01-1284). Attached is the revised City/Developer Agreement as agreed to by staff and the developer, with underline and strike-through text detailing the changes. The following is a detailed list of the changes between the two documents. Opening paragraphs. Realty Capital Corporation and the Village Owner's Association have been added as parties to the agreement. Item 9. The timing for the design and construction of the intersection of Thompson Terrace with Main Street has been changed from January 1, 2004 to January 1, 2005. Item 10. The timing for the acquisition of right-of-way for the realignment of Thompson Terrace with Main Street has been changed from January 1, 2004 to January 1, 2005. Item 12. The timing for the design and installation of the permanent traffic signal at Thompson Terrace and Main Street has been changed to coincide with the widening of State Highway 26 by TXDOT. The existing agreement set a deadline of January 1, 2004. Item 13. Language was added to require the developer to install the landscaping and irrigation improvements in all public areas, as approved by the City in all public parks. The Village Owner's Association has been named the responsible party for keeping plant material healthy and growing. The VOA would not be responsible for maintenance or repairs to landscaping or irrigation systems on the City Hall and Library property. Item 14. The type of gate to be built at the west end of Central Drive has been clarified to be a 4-foot wide pedestrian gate. The Village Owner's Association will maintain and repair the gate after installation; the current agreement requires the City to maintain the gate. Language has also been added to require a Knox Box system to be installed for Fire Department and emergency personnel access. Item 15. The requirements for the construction of masonry screening fences have been deleted, as these requirements are already part of the adopted Village at Colleyville zoning ordinance. The language has also been modified to require the developer to make a contribution of $15,000 to the City Hall-Library Construction Fund in lieu of building the 8-foot tall wrought iron fence along the City Park and Village at Colleyville property line. Agenda Briefing Ordinance 0-02-1374 Page 3 of 4 Item 16. The date for the City and developer to further define and agree upon specific parking regulations for the Village has been extended from September 1, 2000 to September 1, 2003. As more buildings are constructed in the project, parking issues can be better addressed as those issues are identified. Item 17. This item has been clarified to require the Village Owner's Association to pay for the surface cleaning of the public parking lots and provide for clearing of litter and other debris. The City will be responsible for repairing and maintaining the concrete structure of the public parking lots, and for surface cleaning of public streets and public alleys. Item 18. This item has been clarified to require the developer to install, maintain and operate all streetlights. The City will pay for the costs of electricity for street lights, as is in other areas of the city. Item 19. This item requires the City to install certain sidewalks along Thompson Terrace and Glade Road, and along Pleasant Run Road from Bogart Drive to the Village. The sidewalks are required to be constructed within 12 months after the completion of infrastructure in Phase 1 of the Village. Staff has identified the costs for the construction of the sidewalks as follows: Thompson Terrace/Glade Road Bogart Drive to Village at Colleyville $116,796 $ 172,692 Detailed sidewalk construction cost estimates are attached. Staff is examining grant opportunities and other funding sources for the construction of these sidewalks. Item 20. The language has been clarified to require the developer to construct, repair and maintain drainage improvements on Lots 52 and 77, which generally covers the creek area adjacent to Colleyville Boulevard. The City agrees to remove debris in the easement if the City determines that a potential flood hazard exists. Building and Sign Permits. Language has been deleted that required the City to withhold building and sign permits until the Architectural Control Committee provided written authorization. This language is already in the approved Village at Colleyville zoning ordinance. Public Improvements. Language has been deleted that required the developer to provide 2- year maintenance bonds, as this is already required by the Land Development Code. Perimeter Street Improvements. Language has been deleted that required the developer to rebuild Pleasant Run Road, as this is already required by the Land Development Code. Impact Fees. Language has been deleted that required the developer to pay applicable impact fees, as this is already required by the Land Development Code. Agenda Briefing Ordinance 0-02-1374 Page 4 of 4 The revision to the Village at Colleyville PUD-C zoning ordinance, Ordinance 0-02-1337.4, is currently tabled. The ordinance will be placed on the first December City Council meeting agenda so it may be considered at the same meeting action is taken on the City/Developer Agreement. Recommendation Approval Attachments · City/Developer Agreement with revisions · Ordinance 0-01-1284 · Sidewalk Construction Cost Estimates · Ordinance 0-02-1374 City of Colleyville City-Developer Agreement for The Village at Colleyville That Village Monticello Partners, Ltd., Village Management, kkG Ltd., Villaqe Owner's Association (VOA) and Realty Capital Corporation, collectively called "Developer" and the City of Colleyville, Tarrant County, Texas hereinafter called "City", enter into the following agreement. In consideration of the mutual covenants herein contained and for The Village at Colleyville ("The Village"), which is shown on the attached Exhibit "A" and which shall be an addition to the City of Colleyville, Texas as filed of record in the Plat Records of Tarrant County, Texas, the parties hereto agree: 1. Developer and City agree to exchange the City's undeveloped strip of land (59' by 944') on Pleasant Run Road for all of Lot 42 in The Village owned by the Developer. Lot 42 contains five building sites and a total of 15 units. Appraisals showed the City land to be worth $160,000 and the five sites on Lot 42 to be worth $419,000. 2. Developer agrees to construct the main parking lot on Lot 4R, Block 1, including parking lot lighting and landscaping. Construction costs of the parking lot, including lighting and landscaping, are estimated by Baird, Hampton and Brown to cost approximately $475,000. 3. City agrees to contribute $210,000 towards the construction costs of the parking lot on Lot 4R, Block 1. This contribution shall be delivered to The Village during the construction of this parking lot, upon delivery of invoices to the City. 4. The Village Owner's Association ("VOA") will clean the parking lot on Lot 4R, Block 1 and maintain the landscaping in and around the parking lot. The City will pay the cost of electricity for the parking lot light poles and the water costs for the landscaping. 5. City agrees to pay Developer for the oversizing cost between an 8-inch water line and a 12-inch water line installed between Pleasant Run Road and the City Park as shown on the City-approved construction plans titled "Water Plan" prepared by Baird, Hampton, and Brown. (estimated cost to City = $15,250) Actual cost of construction is $18,052.50. 6. City agrees to pay Developer the cost for utility improvements performed along the Chase Bank property for m 1@€lGtiA~ relocation of an 8-inch water line and an 8-inch sanitary sewer line out of the proposed future Highway 26 right-of-way, as shown on the City approved construction plans titled "Water Plan" prepared by Baird, Hampton, and Brown. (estimated cost to City = $30,500) Actual cost of construction is $35,667.00. 7. City agrees to pay Developer the cost for the 12-inch water line installed from ~ Hiqhwav 26 along Pleasant Run Road to the realigned portion of Pleasant Run Road a not to exceed amount of $16,225.00. 8. City agrees to coordinate and implement the design and construction of realigning Thompson Terrace with Main Street at Highway 26 at the time of the Highway 26 widening by TxDOT. This includes installing a ten-inch water pipe under Thompson Terrace outside of the proposed future Highway 26 right-of-way. 9. City and Developer agree to equally share the costs of re-constructing that portion of Thompson Terrace~ which has to be re-aligned with Main Street which is not paid for by tHe TxDOT. If the Thompson Terrace / Highway 26 intersection is not re-built by January 1, 2005 ~, then the Developer may pay for the design and construction of any or all of these improvements, provided however, that the City will still share in the cost of the Thompson Terrace re-alignment described above. 10. City agrees to acquire the right-of-way necessary to allow for the construction of the road and utility improvements outlined in paragraph 4= ~ above. It is agreed that this condemnation will be done in conjunction with the Highway 26 widening. If the City has not acquired the necessary right- of-way by January 1, 2005 ~, then the Developer may attempt to acquire on the City's behalf, provided however, that the City will assist the Developer (at the Developer's expense) with the condemnation process, if reasonably necessary. 11. City agrees to recommend approval to the Texas Department of Transportation (TxDOT) of the Highway 26 median improvements as shown on the attached Exhibit "B" titled "Proposed Median Treatment Colleyville Boulevard (SH 26) Glade Road to Thompson Terrace" prepared by Parsons Transportation Group. 12. City agrees to pay the design and installation costs for a temporary traffic signal at the Main Street/Highway 26/Thompson Terrace intersection. It is understood and agreed that the Citv will desiqn the permanent traffic signals will be dosignm:l BY tho City and will be constructed by TxDOT in conjunction with the Highway 26 widening. If the permanent signal is not installed BY J6IAI;.I6lrY 1, 2004 as part of the planned Hiqhwav 26 improvement proiect, the Developer may elect to pay for the design of the permanent traffic signal, and the City shall construct it. 13. Developer agrees that The Village Owner's Association (the "VOA") will pay the total cost of continued maintenance and repairs of any landscaping and irrigation systems installed in all public areas (streets, parks, etc.) in the Village, except for the City Hall and Library property. City shall pay for the landscape watering costs in the public areas. Developer shall install the landscapinq and irriqation improvements as approved by the City in all public parks in The Villaqe. Tho Dovel€llger The Villaqe Owner's Association agrees that tho City P6Ifks Dopartment will havo rem:snablo control of the irrig6ltion in 61 mGlnnor that to keeps plant material healthy and growing. 14. Developer agrees to pay the total cost of installation of a four (4) foot wide pedestrian gate at the west end of Central Drive with key access. Gity agre08 to The Villaqe Owner's Association shall maintain and repair the gate after installation. A Knox Box system shall be provided for Fire Department and emerqency personnel access. 15. Developer agrees to make a contribution of $15.000 to the City Hall- Library Construction Fund in lieu of construction of an eiqht-foot tall wrought iron fence alonq the City Park and Villaqe at Colleyville property line. Said contribution shall be made to the City bv Auqust 31. 2003. €Jon8tr::\;lGt 61n oight foot ma8snry sereoning '<\'6111 along tho threw Gammon j9rDl90rty linos with Tr6lBt 21'.2, B.B.S. R C.R.R. Co. S\;lP:sy, ^BStr6lct 2Qij 61S 19art of PhClSO I of thG I9f€ljoCt. Dovoloper agreos to imltClII a sb( foot masonp/ sgr8€lning wall along ths entire longth of th€l northorn BO\;lm~ary of Tho '/iIlClgo from City Park to PloClsant Run Road and an oight foot, '/.TG\;lght iron fango with elgenings for gatos along tho ontire '/J08tom proli>orty lino whoro ThG VillGl!'ilo is adjClgont te the City Park at ths timo tho lots that aB\;lt thoso proporty linss ha':o gomplots€l StroOt8 Clnd \;ltilitios which h6lvs boon agcoptad by ths City. 16. City agrees to enforce the parking regulations within The Village as referenced in Section 10 of Zoning Ordinance 0-99-1141, provided however, that the Developer shall pay the cost of the administration and the City's enforcement of such parking regulations until building permits have been issued for eighty building sites in The Village. Thereafter, the City shall pay the enforcement costs of parking regulations. By September 1, ~ 2003, City and Developer shall attempt to further define and agree upon specific parking regulations for The Village. 17. Developer shall desiqn and construct all public parkinq lots and parks. agroos that tIhe VOA shall pay for the surface cleaning of public parking lots and provide for c1earinq of litter and other debris. The City shall be responsible for the surface cleaninq of public streets and public alleys. The City shall repair and maintain the concrete structure such public parking lots. 18. Developer shall install all streetlights and street signs as approved by the City in the Village. The VOA shall maintain and operate all streetliqhts and street siqns in the Villaqe. Theroaftor, tlhe City shall maiAtaiA and oporate them pay the costs of electricity for the streetliqhts. 19. DB'.'Bloper shall install the lan€lse@l9iA~ G1A€l irril!:!ation improvomonts as approved by City irl all pWBli€i parks in The 'Iillal!:!o. 20. City agrom: to withhold bwilding and sign pormits in Tho Villal!:!o wntil tho oppli€iant dolivor3 writt€lA awth€lrizution fmm tho VOI'.'s f.mhit€letwral COAtml Committoo that tho I9larls am u€i€ioptublo to tho '/O^. 21. 19. Within twelve months after completion of infrastructure in the first phase of The Village, City agrees to install: (a) at least six-foot wide sidewalks on Thompson Terrace and Glade Road from Highway 26 to the east to connect to the recently installed sidewalk on Glade Road; (b) a six- foot wide sidewalk on Pleasant Run Road from Bogart Road connecting to the sidewalk constructed by The Village on Pleasant Run Road. (This will allow citizens to ride their bikes from Hall-Johnson and Glade all the way to the City Park and The Village.) 22. ~ Developer agrees to construct all public drainage easement improvements in The Village on the followinq lots: Lot 52 and Lot 77, as noted on the Villaqe at Colleyville subdivision plat recorded in Cabinet A. Slide 6292. Plat Records, Tarrant County, Texas. The VOA shall maintain and repair said public drainaqe easement improvements. City agrees to mpoir uAlij muintoin Sld€ih impmvomoAts uttar a66optiA~ thorn remove debris alonq the public drainaqe easement on said Lot 52 and Lot 77 if the City determines that a potential flood hazard exists. 23. Do'/olopor agroos to provide tho City with a 2 your maiAt€lnonGo bond on all public improvomonts. 24. 21. Developer agrees to pay all overtime construction inspection fees incurred by the City during the infrastructure construction in The Village. 25. City al!:!mos to '1:ai'.'e all pGrimotor streot faGs for PloasaAt RWA R€la€! sin€io the Developor is r€l bwildiAl!:! the roa€! al€lA~ its property ff(;mta~€l. 26. 22. Developer agrees that the City is not responsible for maintenance of the sewer lines from the sewer mains to the buildings. Maintenance of this section of the sewer lines will be the responsibility of the building unit owners. 27. Devoloper ogroo~ that 011 applicaBle il'llpa€lt foo~ 'I:ill 130 ~aig by each bl::lil€ling €lWl'lor prim to iS8b161r;lEW of 0 sl::lilding ~orl'llit f€lr that bl::lil€ling. 28. 23. Developer agrees to reimburse the City for the drainage improvements constructed along Pleasant Run Road as part of ~!he Village at Colleyville~ Phase II~ construction so as to complete the Pleasant Run Road concrete section to the Main Street Intersection Improvements. The Developer will reimburse the City in an amount not to exceed $23,279.25 at the time of construction for the Village at Colleyville Phase ,,~ or three .Q} years from July 17, 2001. tho dato of this ogrsol'llont. 24. Accordinq to Resolution R-02-1981. approved on Julv 18. 2002, Realtv Capital Corporation will reimburse approximatelv $105.000 for utilitv improvements within thirtv (30) days from the date the Citv notified Realtv Capital Corpmation, of the City's payment of the utilitv improvements. Anv amount not paid bv that date shall bear interest at the of 9 /"2 percent simple interest compounded annuallv until paid. In any event. the amount to be paid bv Realtv Capital Corporation shall be paid on m before the issuance of any buildinq permits for Phase liar December 31.2004. 25. To the extent anvthinq contained in the Citv/Developer Agreement requires prior approval of TxDOT, neither the City nor the Developer shall be liable for anv provision contained herein until appropriate approval of that specific TxDOT provision has been obtained. Developer (Village Monticello Partners, Ltd. and Village Management, Ltd. kbG, Villaqe Owner's Association, and Realty Capital Corporation) Date: Name: Richard A. Myers Title: President of the General Partner City (City of Colleyville) Date: Name: Donna Arp Title: Mayor ORDINANCE 0-01-1284 AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT FOR PUBLIC IMPROVEMENTS BETWEEN VILLAGE MONTICELLO PARTNERS, LTD., VILLAGE MANAGEMENT, LLC. AND THE CITY OF COLLEYVILLE, TEXAS WHEREAS, Village Monticello Partners, Ltd., Village Management, LLC. (Developer) shall construct public improvements and the City of Colleyville, Texas shall participate in the cost as determined by municipal ordinance under Subchapter C. Developers Participation in Contract for Public Improvements, Local Government Code, State of Texas; and WHEREAS, The City of Colleyville and Developer have entered into a City-Developer Agreement for The Village at Colleyville, which specifies certain construction costs that the City has agreed to participate in with the Developer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. Sec. 6. THAT the Developer shall construct the improvements and the City shall participate in their cost. THAT the City's total cost participation ($311,193.25) does not exceed thirty percent (30%) of the total contract price. THAT the City's participation in the oversizing of public improvements required by the City does not exceed one hundred percent (100%) of the total costs of the oversizing so required. THAT the Developer must execute a performance bond for the construction of the improvements to ensure completion of the project, said bond must be executed by a corporate surety in accordance with Chapter 2253, Government Code. THAT the City shall be reimbursed by the Developer the total cost participation by the City if City finds there was any undue loading of cost, collusion, or fraud. THAT all of the Developer's books and other records related to the project shall be available for inspection by the City. Ordinance 0-01-1284 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the /9 ~day of ~ ,2001. The second reading and public hearing being conducted on the ~ day of 1~ ,2001. ATTEST: CITY OF COLLEYVILLE 0~~ Cynthia Singleton, TRMC City Secretary i:~~ Mayor APPROVED AS TO FORM AND LEGALITY: {?1{ir Ross T. Foster City Attorney Sidewalk Construction Estimate Thompson Terrace SH26 to Glade to City Garage Prepared October 29, 2002 I . . Sidewalks & ramps 6' Concrete sidewalk 1570 If $24.00 $37,680.00 Handicap Ramos 2 each $750.00 $1,500.00 Demo existinq 4' sidewalks 210 If $10.00 $2,100.00 Drainage 18" rcp 150 If $40.00 $6,000.00 Misc Gradework 1 Is $1,200.00 $1,200.00 Culvert modifications 1 Is $1,000.00 $1,000.00 small pedestrian bridQe 1 ea $3,000.00 $3,000.00 Misc construction items Concrete sawcut 1 Is $200.00 $200.00 Tree removal 1 Is $3,100.00 $3,100.00 Remove & replace brick mailbox 1 ea $1,500.00 $1,500.00 Remove & reolace conc 12' driveway 1 ea $2,500.00 $2,500.00 Remove & reolace conc 20' driveway 2 ea $5,000.00 $10,000.00 Remove & replace conc 27' driveway 1 ea $6,000.00 $6,000.00 Manhole adiustment 1 ea $250.00 $250.00 Fire hydrant relocation 1 ea $1,500.00 $1,500.00 Utilitv adiustments 1 Is $500.00 $500.00 Tree trimminQI brush removal 1 Is $300.00 $300.00 Plant removal & reolacement 1 Is $1,000.00 $1,000.00 Other Surveyina 1 Is $5,000.00 $5,000.00 ROW purchase 6500 sf $2.00 $13,000.00 Subtotal $97,330.00 EnQineerinQ fees ~ 10% $9,733.00 Const. continaencv 10% $9,733.00 Sidewalk Construction Estimate Pleasant Run Road Bogart Drive to the Villages of Colleyville Prepared October 29,2002 I Sidewalks & ramps 6' Concrete sidewalk 2420 If $24.00 $58,080.00 Handicap Ramps 8 each $750.00 $6,000.00 Demo existing 4' sidewalks 820 If $10.00 $8,200.00 Drainage 48" rcp 12 r If $100.00 $1,200.00 24" rcp 36 If $50.00 $1,800.00 18" rcp 12 If $40.00 $480.00 Misc Gradework 1 Is $1,200.00 $1,200.00 Misc construction items Concrete sawcut 1 Is $200.00 $200.00 Tree removal 1 Is $4,000.00 $4,000.00 Remove brick monument 1 Is $1,000.00 $1,000.00 Fence removal 1 Is $600.00 $600.00 Fence removal & replacement 710 If $15.00 $10,650.00 Tree trimming I brush removal 1 Is $1,500.00 $1,500.00 Plant removal & replacement 1 Is $1,000.00 $1,000.00 Crosswalk buttons @ Bogart Dr 1 Is $1,000.00 $1,000.00 Other SurveyinQ 1 Is $15,000.00 $15,000.00 ROW purchase 16000 sf $2.00 $32,000.00 Subtotal $143,910.00 EngineerinQ fees @ 10% $14,391.00 Canst. contingency 10% $14,391.00 : t ,'I~.I~Uat1 ",.... " ." .... ORDINANCE 0-02-1374 AN ORDINANCE APPROVING THE DEVELOPER PARTICIPATION IN CONTRACT FOR PUBLIC IMPROVEMENTS BETWEEN VILLAGE MONTICELLO PARTNERS, LTD., VILLAGE MANAGEMENT, LTD., VILLAGE OWNER'S ASSOCIATION, REALTY CAPITAL CORPORATION AND THE CITY OF COLLEYVILLE. WHEREAS, Village Monticello Partners, Ltd., Village Management, Ltd., Village Owner's Association, and Realty Capital Corporation (Developer) shall construct public improvements and the City of Colleyville, Texas, shall participate in the cost as determined by municipal ordinance under Subchapter C. Developers Participation in Contract for Public Improvements, Local Government Code, State of Texas; and WHEREAS, the City of Colleyville and Developer have entered into a City/Developer Agreement for the Village at Colleyville, which specifies certain construction costs that the City has agreed to participate in with the Developer. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City/Developer Agreement, as attached, with Village Monticello Partners, Ltd., Village Management, Ltd., Village Owner's Association, and Realty Capital Corporation (Developer) is hereby approved. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2002. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney City of Colleyville City/Developer Agreement for the Village at Colleyville The Village Monticello Partners, Ltd., Village Management Ltd., Village Owner's Association (VOA), and Realty Capital Corporation, collectively called "Developer" and the City of Colleyville, Tarrant County, Texas, hereinafter called "City", enter into the following agreement. In consideration of mutual covenants herein contained and for the Village at Colleyville ("the Village"), which is shown on the attached Exhibit "A" and which shall be an addition to the City of Colleyville, Texas as filed of record in the Plat Records of Tarrant County, Texas, the parties hereto agree: 1. Developer and City agree to exchange the City's undeveloped strip of land (59' by 944') on Pleasant Run Road for all of Lot 42 in the Village owned by the Developer. Lot 42 contains five building sites and a total of 15 units. Appraisals showed the City land to be worth $160,000 and the five sites on Lot 42 to be worth $419,000. 2. Developer agrees to construct the main parking lot on Lot 4R, Block 1, including parking lot lighting and landscaping. Construction costs of the parking lot, including lighting and landscaping, are estimated by Baird, Hampton and Brown to cost approximately $475,000. 3. City agrees to contribute $210,000 towards the construction costs of the parking lot on Lot 4R, Block 1. This contribution shall be delivered to the Village during the construction of this parking lot, upon delivery of invoices to the City. 4. The Village Owner's Association ("VOA") will clean the parking lot on Lot 4R, Block 1 and maintain the landscaping in and around the parking lot. The City will pay the cost of electricity for the parking lot light poles and the water costs for landscaping. 5. City agrees to pay Developer for the oversizing cost between an 8-inch water line and a 12-inch water line installed between Pleasant Run Road and City Park as shown on the City-approved construction plans titled "Water Plan" prepared by Baird, Hampton, and Brown. (Estimated cost to City = $15,250) Actual cost of construction is $18,052.50. 6. City agrees to pay Developer the cost for utility improvements performed along the Chase Bank property for relocation of an 8-inch water line and an 8-inch sanitary sewer line out of the proposed future CitylDeveloper Agreement for the Village at Colleyville Page 1 Highway 26 right-of-way, as shown on the City approved construction plans titled, "Water Plan" prepared by Baird, Hampton and Brown. (Estimated cost to City = $30,500) Actual cost of construction is $35,667.00. 7. City agrees to pay Developer the cost for the 12-inch water line installed from Highway 26 along Pleasant Run Road to the realigned portion of Pleasant Run Road in an amount not to exceed $16,225.00. 8. City agrees to coordinate and implement the design and construction of realigning Thompson Terrace with Main Street at Highway 26 at the time of the Highway 26 widening by TXDOT. This includes installing a ten-inch water pipe under Thompson Terrace outside of the proposed future Highway 26 right-of-way. 9. City and Developer agree to equally share the costs of re-constructing that portion of Thompson Terrace, which has to be realigned with Main Street, which is not paid for by TXDOT. If the Thompson Terrace / Highway 26 intersection is not re-built by January 1, 2005, then the Developer may pay for the design and construction of any or all of these improvements, provided however, that the City will still share in the cost of the Thompson Terrace re-alignment described above. 10. Subject to TxDOT approval, the City agrees to acquire right-of-way necessary to allow for the construction of the road and utility improvements outlined in paragraph 8 above. It is agreed that this condemnation will be done in conjunction with the Highway 26 widening. If the City has not acquired the necessary right-of-way by January 1, 2005, then the Developer may attempt to acquire on the City's behalf, provided however, that the City will assist the Developer (at the Developer's expense) with the condemnation process, if reasonably necessary. 11. City agrees to recommend approval to the Texas Department of Transportation (TXDOT) of the Highway 26 median improvements as shown on the attached Exhibit "B" titled "Proposed Median Treatment Colleyville Boulevard (SH26) Glade Road to Thompson Terrace" prepared by Parsons Transportation Group. 12. Subject to TxDOT approval, the City agrees to pay the design and installation costs for a temporary traffic signal at the Main Street/Highway 26/Thompson Terrace intersection. It is understood and agreed that the City will design the permanent traffic signals and will be constructed by TXDOT in conjunction with the Highway 26 widening. If the permanent signal is not installed as part of the planned Highway 26 improvement project, the Developer may elect to City/Developer Agreement for the Village at Colleyville Page 2 pay for the design of the permanent traffic signal and the City shall construct it. 13. Developer agrees that the Village Owners' Association (the "VOA") will pay the total cost of continued maintenance and repairs of any landscaping and irrigation systems installed in all public areas (streets, parks, etc.) in the Village, except for the City Hall and Library property. City shall pay for the landscape watering costs in public areas. Developer shall install the landscaping and irrigation improvements as approved by the City in all public parks in the Village. The Village Owner's Association agrees to keep plant material healthy and growing. 14. Developer agrees to pay the total cost of installation of a four (4) foot wide pedestrian gate at the west end of Central Drive with key access. The Village Owner's Association shall maintain and repair the gate after installation. A Knox Box system shall be provided for Fire Department and emergency personnel access. 15. Developer agrees to make a contribution of $15,000 to the City Hall- Library Construction Fund in lieu of construction of an eight-foot tall wrought iron fence along the City Park and Village at Colleyville property line. Said contribution shall be made to the City by August 31, 2003. 16. City agrees to enforce the parking regulations within the Village as referenced in Section 10 of the Zoning Ordinance 0-99-1141, provided however, that the Developer shall pay the cost of the administration and the City's enforcement of such parking regulations until building permits have been issued for eighty building sites in the Village. Thereafter, the City shall pay the enforcement of parking regulations. By September 1, 2003, City and the Developer shall attempt to further define and agree upon specific parking regulations for the Village. 17. Developer shall design and construct all public parking lots and parks. The VOA shall pay for the surface cleaning of public parking lots and provide for clearing of litter and other debris. The City shall be responsible for the surface cleaning of public streets and public alleys. The City shall repair and maintain the concrete structure of such public parking lots. 18. Developer shall install all streetlights and street signs as approved by the City in the Village. The VOA shall maintain and operate all streetlights and street signs in the Village. The City shall pay the costs of electricity for the streetlights. City/Developer Agreement for the Village at Colleyville Page 3 19. Within twelve months after completion of infrastructure in the first phase of the Village, City agrees to install: (a) at least six-foot wide sidewalks on Thompson Terrace and Glade Road from Highway 26 to the east to connect to the recently installed sidewalk on Glade Road; (b) a six-foot wide sidewalk on Pleasant Run Road from Bogart Road connecting to the sidewalk constructed by the Village on Pleasant Run Road. (This will allow citizens to ride their bikes from Hall-Johnson Road and Glade Road all the way to City Park and the Village). 20. Developer agrees to construct all public drainage easement improvements in the Village on the following lots: Lot 52 and Lot 77, as noted on the Village at Colleyville subdivision plat recorded in Cabinet A, Slide 6292, Plat Records, Tarrant County, Texas. The VOA shall maintain and repair said public drainage easement improvements. City agrees to remove debris along the public drainage easement on said Lot 52 and Lot 77 if the City determines that a potential flood hazard exists. 21. Developer agrees to pay all overtime construction inspection fees incurred by the City during the infrastructure construction in the Village. 22. Developer agrees that the City is not responsible for maintenance of sewer lines from the sewer mains to the buildings. Maintenance of this section of the sewer lines will be the responsibility of the building unit owners. 23. Developer agrees to reimburse the City for the drainage improvements constructed along Pleasant Run Road as part of the Village at Colleyville, Phase II, construction so as to complete the Pleasant Run Road concrete section to the Main Street Intersection Improvements. The Developer will reimburse the City in an amount not to exceed $23,279.25 at the time of construction for the Village at Colleyville, Phase II, or three (3) years from July 17, 2001. 24. According to Resolution R-02-1981, approved on July 18, 2002, Realty Capital Corporation will reimburse approximately $105,000 for utility improvements within thirty (30) days from the date the City notified Realty Capital Corporation, of the City's payment of the utility improvements. Any amount not paid by that date shall bear interest at the rate of 9 ~ percent simple interest compounded annually until paid. In any event, the amount to be paid by Realty Capital Corporation shall be paid on or before the issuance of any building permits for Phase II or December 31,2004. CitylDeveloper Agreement for the Village at Colleyville Page 4 25. To the extent anything contained in the City/Developer Agreement requires prior approval of TxDOT, neither the City nor the Developer shall be liable for any provision contained herein until appropriate approval of that specific TxDOT provision has been obtained. Developer (Village Monticello Partners, Ltd., Village Management Ltd., Village Owner's Association, and Realty Capital Corporation) Date: Name: Richard A. Myers Title: President of the General Partner City (City of Colleyville) Date: Name: Donna Arp Title: Mayor City/Developer Agreement for the Village at Colleyville Page 5 CITY COUNCIL city or CC~'" AGENDA BRIEFING le....,s MEETING DATE: ITEM # : ORDINANCE # : 12/03/02 5 0-02-1376 CITY MANAGER DEPARTMENT HEAD ~ FINANCE REVIEW N.A. Previous Action: 11/19/02 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of the Zoning Change from AG to R20 Single Family Residential on 0.443 acres located at 612 Shelton Road, Case Z-02-027 Second Reading and Public Hearing First Reading and Public Hearing Backqround Billy and Dinah Stephens are the owners of 0.443 acres located at the northwest corner of Shelton Road and Hunter Lane. The owners have submitted a request to change the zoning on the property from AG Agricultural to R20 Single Family Residential. The owner is seeking a zoning change in order to provide an appropriate building site for a new residence. The property is considered a lot of record and is allowed to be platted in its current configuration under the AG zoning district, even though the property does not meet the requirements of the AG district. However, due to the narrow width of the property and the 25- foot side building lines required by the AG district, the owner has applied to change the zoning to R20. The R20 district requires a minimum lot width of 100 feet, a minimum lot depth of 125 feet, and a minimum lot area of 20,000 square feet. The existing property is 80 feet wide along its frontage on Shelton Road, 218 feet deep along Hunter Lane, and approximately 17,440 square feet in area. The zoning change would primarily provide narrower side yards, 10 feet on each side, and provide a more appropriate building site for the new residence given the existing property dimensions. Since this is a corner lot, the Commission may establish the street side building lines at the time the subdivision plat is considered. The surrounding property is single-family residential in nature. Property to the south, across Shelton Road, is zoned R40 Single Family Residential and is developed as single-family residences. Properties to the north along Hunter Lane are zoned R40 and R30 and are developed as single-family residences. Property to the west is zoned AG Agricultural and is developed as single-family residences. Property to the east, across Hunter Lane, is zoned R30 and is presently vacant. Agenda Briefing Ordinance 0-02-1376 Page 2 of 2 Impact Issues 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future single-family residential area. The surrounding properties are also designated as single-family residential areas. 2. Surrounding Properties. The surrounding properties are developed as single-family residences. 3. Development Trends. The long-term trend for this area is single-family development. Property in the area is generally suitable for that type of development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the land and house is appraised at $52,800. The estimated annual City property tax revenue generated by this property is $183. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. There are no recent traffic counts available for Shelton Road. Staff mailed notices to 14 adjacent property owners regarding this request. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted a public hearing and considered this request at the October 28,2002, meeting and recommended approval by a unanimous vote. Recommendation Approval Attachments · Location Map · Area Zoning Map · Zoning Exhibit · List of Property Owners Notified · Planning and Zoning Commission Minutes · Ordinance 0-02-1376 TR eC2 .74 At TA 8F 1~. AC TR e 1.32 AC 1 · I}., ctC S O^1< (#J 1 ~ TA Ie .'161'lC TR IAI 4.5 AC TR IOIA 2.9 AC ~c l\ 1 \)U ,&, TR 1A5 1.851 AC lR JA .63 At TR I AJA 1.?21lC lR lAJ9 .482. 6 o^ 13 " IS 16 28 11 I. 11 ,''/2 1R 2'2 1.5. 1 v~#" i I .r~.' c.. 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TO 11< ~\J €\2--~ L\C,I1T {X)-€5 \--.leY'f ~PPL"(. <fi ~ ~ I -~ u:I ~ ....J ~ u:I t-< Z ~ ::I: P.L . \\1 E'S'{" BO- 0 \.f' (V cJ 612 SHBL TON RpAD \r ~ \ '\J ~'2T 150 se E- ; ~ E:- "2. <::) f '2 l,= O?-,. LE-G(~L DE-SC.~\ V'\IO.......' ~ ~u \l.\I,E-"< OP... ':> C E-\Zf \ f \ C~ ,\\ ON. ~E- i o~'2- _-6000..Hllrl~"""-l.aJ.t..e- _ T.cri.Workman- -- _ f1OO1HmlfP.T T .ane Colleyville, TX 76034 -- James Pine ==----S91& ~ Colleyville, TX 76034 -~~vin=&-M3I'garet=-b<wC Colleyville, TX 76034 Jerry Allen 5917 Hunter Lane Colleyville, TX 76034 Leroy Chism 6150 Genview Drive, Apt. 139 North Richland Hills, TX 76180 J ames Henslee P.O. Box 863 Colleyville, TX 76034 Cecil & Rebecca Allen 307 Main Road, #A Ruidoso, NM 88345 Nadine Wilmut 6101 Hunter Lane Colleyville, TX 76034 C. L. Allen 704 Shelton Road Colleyville, TX 76034 Mary Watson P.O. Box 1211 Grapevine, TX 76099 Jeffrey & T. Vanderpool 601 Shelton Road Colleyville, TX 76034 William & Beverly Lathorp 609 Shelton Road Colleyville, TX 76034 Madelyn Gardner 701 Shelton Road Colleyville, TX 76034 Billy & Dinah Stephens 612 Shelton Road Colleyville, TX 76034 Case Z-02-027 (Notices dated: October 11 , 2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitland-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy d-- Planning & Z~nag Assistant Planning and Zoning Commission Minutes October 28, 2002 Case Z-02-027 PUBLIC HEARING - Zoning Change from AG to R20 Single Family Residential on 0.443 acres located at 612 Shelton Road Clayton Husband presented the case to the Commission and reviewed the staff briefing. He also said there are no future plans for commercial development of property in the area and this zoning change was to make the property more buildable. He told the commissioners that the Master Plan indicates that the area is to be developed for residential uses and the infrastructure is already in place to service the lot. Commissioner Swift asked Clayton to display the slide for the zoning of surrounding properties. Chairman Wall opened the public hearing. Those present wishing to speak were: Bill & Dinah Stevens were present to represent the case. Commissioner Swift asked the applicants what they envision for their property. They told the commissioners that they plan on building a new home facing Shelton. Commissioner Culley asked the applicants about the position of the home across the street on Hunter. They responded that the property was vacant. Commissioner Culley asked them if they plan on leaving the other accessory buildings. Bill Stevens said they plan on repainting and repairing the one accessory building for a work shop and the one building in the very back of the property has already been removed. Mary & Mark Watson, owners of the property on the northeast corner of Shelton and Hunter, living at 4200 Briar Ridge, said they have put off building on their lot. The asked about the plans to widen Hunter and said they were concerned about the right-of-way not being equally divided between the properties to the east and to the west. Chairman Wall told Mr. and Mrs. Watson that he would direct their question to staff at the close of the public hearing. There being no one else present wishing to speak, the public hearing was closed. Chairman Wall asked staff about future improvements to Hunter. Clayton Husband responded that there are no current plans to widen Hunter nor are their any CIP plans for that street. He said sufficient right-of-way will be acquired when the property is platted. He said the right-of-way for a local street is a minimum of 50', and the measurement will be tied down by a surveyor during platted and taken evenly from the center line. Commissioner Jones asked staff to restate the issues and differences between zoning and platting. Staff responded to his request. Commissioner Culley commented on the work on the Master Plan. He said they have talked about preserving types of zoning for certain areas of the City. He asked the other commissioners for their comments about whether or not this is an area they would be encroaching into a particular zoning category by rezoning this property to R20. Commissioner Jones said they have not received any feedback or opposition for the surrounding property owners. Commissioner Kelly responded that erosion of density may be an issue in some areas, but not with this particular case. Chairman Wall said when there has been strong citizen concerns they have taken that into consideration for denying a zoning change request. He said there is a general mix of zoning in the area, no definite solid block of zoning, and no citizen concerns so there would be less problems with approving the R20 zoning for this lot. Commissioner Jones moved to recommend approval of the zoning change to R20. Commissioner Culley seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Sellers, Jones, Wall Noes: None ORDINANCE 0-02-1376 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 0.443 ACRES OUT OF THE JOESPH WHITE SURVEY, ABSTRACT 1692, FROM THE AG AGRICULTURAL DISTRICT TO THE R20 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Billy and Dinah Stephens on October 15, 2002, under Case No. Z-02-027; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds attached as Exhibit "B", by changing the zoning of said property from the AG Agricultural district to the R20 Single Family Residential district. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. Ordinance 0-02-1376 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2002. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney I J , /// )/ /' / R20 / ,/ // / /' Exhibit A Zoning Map ~ // ~ / / ^ / //~~ / "" A9 / '" . /// '~ / \. R20 R40 .TTR R40 mL .-.'" ( i Exhibit B Metes and Bounds Description All that certain tract or parcel of land situated in the Joseph White Survey, Abstract No. 1692, Tarrant County, Texas, and being Tract NO.1 as described in deed from Myrtle L. Bass et al to J.C. Fry, recorded in Voume 3512, Page 581, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a stake in the south line of the said Joseph White Survey, said stake being 1064.9 feet east of the southwest corner of the said survey, also being 156.5 feet east of the southwest corner of a 5.92 acre tract conveyed to George F. Bass and wife, Myrtle Bass by deed recorded in Volume 1510, Page 83, Deed Records, Tarrant County, Texas; THENCE North, at 22.5 feet an iron pin in the north line of Felps and Shelton Road, in all 242.2 feet to an iron pin for corner; THENCE South 88 degrees 37 minutes East, 80 feet to iron pin for corner; THENCE South, at 217.8 feet an iron pin in the north line of said road, in all 240.3 feet; THENCE West 80 feet to the PLACE OF BEGINNING, containing 0.443 acres of land, more or less. CITY COUNCIL ell)' or cc~n", AGENDA BRIEFING 1e.x;:1.S MEETING DATE: J ITEM # : ORDINANCE # : 12103/02 6 0-02-1377 CITY MANAGER J DEPARTMENT HEAD FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: ' Approval of the Zoning Change from R40 Single Family Residential to R20 Single Family Residential on 1.00 acres located at 304 W. Van Oaks Drive, Case Z-02-030 First Reading and Public Hearing Backqround David Debrecht is the owner of approximately one acre of land located on the north side of Van Oaks Drive, west of Bettinger Road. The owner has submitted a request to change the zoning on the property from R40 Single Family Residential to R20 Single Family Residential. The owner is seeking a zoning change in order to divide the property into two lots. The R20 district requires a minimum lot width of 100 feet, a minimum lot depth of 125 feet, and a minimum lot area of 20,000 square feet. The existing property is 217 feet wide along Van Oaks Drive and 200 feet deep. The zoning change may allow the owner to subdivide the property into two lots. Depending on right-of-way dedication requirements, the owner may need to request a variance related to the lot size from the Planning and Zoning Commission when the subdivision plat is considered. The surrounding property is single-family residential in nature. Property to the east and west is zoned R20 Single Family Residential. Property across Van Oaks Drive is zoned R40 Single Family Residential. This property abuts the Remington Park subdivision at the rear. Most of the lots contain single family residences. The lot sizes on Van Oaks Drive range from 19,000 square feet to over one acre. The lots in Remington Park that abut this property average 17,000 square feet in size. Impact Issues 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future single-family residential area. 2. Surrounding Properties. The surrounding properties are developed as single-family residences. 3. Development Trends. The long-term trend for this area is single-family development. Property in the area is generally suitable for that type of development. Agenda Briefing Ordinance 0-02-1377 Page 2 of 2 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the land and house is appraised at $112,090. The estimated annual City property tax revenue generated by this property is $389. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. Data has been collected in the United States and Canada since the 1960's, primarily in suburban locations. Single-family residences are expected to generate 9.57 trips per day, on average. There are no recent traffic counts available for Van Oaks Drive. Staff mailed notices to 14 adjacent property owners regarding this request. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted a public hearing and considered this request at the November 11, 2002, meeting and recommended approval by a unanimous vote. There were no speakers at the public hearing. Recommendation Approval Attachments · Location Map · Property Map · List of Property Owners Notified · Ordinance 0-02-1377 fR 2. 12.2 At To 28 4.05 IIC '8 _ cz, cz, 1\. j'; 11 UO ~ 0 J ~~~J';'{ . ~. tJ ,,:)2 ,..p fA U1 1.111 At TA ZF' 11.212 At 20 & ~ n " '" :3 ~ To 2 :;: l4 II 6.50. BARTRAM LN '" '0 .-, .., .' Cl . _"3 ._1 IIU1R l.N ~( "' 63 ~ ~\ r "' r} 1. .v~~t( . I 5 ~_61 I OJ I", ----, ~ .. . ,.;: I 1 --1~1 ., , I i: I :il 8"i 70 Tt _/ " J 74 tlFCB\..L P ~ 1 ~vv Tn lA1 .80. TA l81 ,.],.. . .A ~ :l.lfs(D,C ": ~ ~ ," IE 1.2'12 At '."5jji-.. u-..----..-,,!:*u~!i1fft'l.;J'J~t,~.-ttfr..-..-..-..-.--..-..-..-..-..-....-..-..-..-..-..-..-..-...----..-.-,- 1~ ~IS1~ ~ 1 ,., t." . ,., '.21 . 6E:~~ VLJ\~ fJ\l~ 1'1 '1' l,LlAO J\O , '" r: ... z o ". .1 L-' In ~ 1 B. <Q 1 f;FS I\. -- VII \,11 ~f,'l ~ J,t:.. ~~1148 ~ 1 ... ,t~ " '2. 2] II 21 20 19 l' n ~ I -1 I I I I I I I I I TA 'El .45 At I <U [lRl EJ.. .!lot, . -.211 13.l' . o,.tc lA ", .n At u \..1301' 1'~ 1 .,t Location Map & Area of Notification CASE" Z-02.030 - Zoning Change from AG to H2O I I 11-1 ' I ~I :, .~ -f ~~ I~' .-......., . :tFT a:: " ,~~ hl./ '" 'I Ii ,... ~ ~ ~ ~ cb d; I "v Tt: - ~ 0> I-- I ~ ..... ~ C'I 0 ~I~: ti ~ ~'-J .' J ~ .......... "'= ~ _;00 -----I I~ ~ ~ ~ ~_ ~ ~ "1 ~ t-~- I":~ Ie ..... ll~ ~ I '- ~.r .. r-- '11JJl k -]~ ~ ~ I -. ..> ~ - ~ ...{ L ... "-' :0.>> .... ~ ") ~ ..... 8 ~.~. \:) 'G I~ . =:..J . :: ~. ~ .... ~ a.. Q ch . ~ 1~ ~ """ ;;;: Kf ::) 6 I~ /\ ~(V ~\ I~~ (~~noo!1 I ~ ~>~ _'._ L~.~7 '\ ~~~ . .- r0~ - _..~ w ~ o I- <> ~ ~ -" \ ~;? ~ ~ ~. ~ ~~ ~ ~ ~ --{A M '"~ /'r-' Nl ~3 )).... ll. A _ IJ" ~, ~ ) I - ,... I:: ~ '7 D I( == ~ .... t I .. 0 Ie ~ ... ~ -:1l . . _IV......... 1ft ~ q: ~ ~ ~ID~ ;: > ~ i~ ~ " ~ L .. { ~O::: } I'" ~ {II --- /" - - r ~ J:::~d Jl .....r N' ~ - ~ ~t: I--- " ~ d b< - r ~ .. - z :;;; ~p \ \ ./ l I y IN' ~ I ~~ iE I~ (LO~ ,r------......I I LIJ LI; ..... ~ . " .. ~ P I r 10 ~r L.J u ;~ F J ~~ )~~U .,_. a: CO . ex:> ~ ~ ~ 0 0-10 ! ,..,- - u l~ G: Q ~ ~ ..... - g Id II CIF BLOCK 6. REMINGTON PARK ADD'N N 69053'OO"E 217 0' 5/6" IF . '. ________'===_'!..______~__.__________.-,--------..--.-----n----nn_n e-: t::lc3 ra:l~ ~a~ l1. . ::0::: .~ u:z;. got.!! ~5!~ . ~ '~~o E-<' N o I . ..J Oce ~~ >.J o > i~ li: - .~ ::II'N ~ l'f.I~ ~,~ .,> 10' UTILlTY EASEWENT I i l' \ o o o " ~ ,,' S ~'" -"'- , !ii'll ~ ~ ,G -, ~ 0 ~l i ~~ 0 );; ~ l'f.I I;) o o o o N !11m CJ :at -~- -- II ~' ..... ~ . ~ e!l . ..... - - -- / :: ;;---- - J~r<9p~/ .":- /", , Ill. -', ) (:~ '. I ?s.,. ~e. 1"..,1. &"':5.~ ,;7.&) 0 304 W. VAN "OAKS DRIVE ~ S 69053'OO!'Y 217.60' DANiEL LAPIER etux JENNIFER VOL. .11340, PG. 1709 , PLAT SHOWING E"'l o ~ ;,. o ,0 (;) o :z; !10 ~ 1/2" IF 8748 .A. t+ v..cJ,... __ cl-~ \ '@ SCALE: 1"= 60' I I OCT O' 4 2002 .--'.\---.........--'-'-"-~ ~_. SURVEY AND FIELD NOTES FOR A TRACT IN THE JANE S.NEWTON SURVEY, ABSTRACT NO. 1177, SITUATED IN THE CITY OF COLLEYVILLE, TARRANT COUNTY, TEXAS, AND BEING A PORTION DF THE E. A. SMITH SUBDIVISION AS SHOWN ON A PLAT RECORDED IN VOLUME 388-60, PAGE 31, PLAT RECORDS, TARRANT COONTY, TEXAS, SAID PORTION BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLL~WS: at a ~.. iron .found 'at the Northeast corner of the above referenced Smith Subdivision, in the South line of Remington Park Addition to. the City of Colleyville, as shown on a plat of record in Cabinet A, Slide 3670, Plat Records, Tarrant County, Texa~; S. 0 -04'-30"W. along the West line of Lot 1, Block 1, of Van Oaks Addition~ Phase II, as shown on a plat of record in Volume 388-203, Page 1, Plat Records, Tarrant County, Texas, at 175.00 feet. passing a ~" iron found in the North line of a road easement and continuing in all, 200.00 feet to a point for corner in e cent8r of said easement; S.89 -53'-OO"W. 217.80 feet along the center of said ement to a point in same for corner; N.Oo- 04'-30"E. at 25.00 feet passin1l a ~" iron found and continuing in all 200.00 feet to a ~ iron found in the South line of Remin?ton Park Addition, above referenced; N.89o-53 -OO"E. 217.80 feet along said South line to the POINT OF BEGINNING and ~ontaining 1.00 acres of which 0.125 acres are in use in said road easement. BEGINNING THENCE THENCE THENCE THENCE I, Walter W. Ward, Rf' tered Professional Land Surveyor bereby cllrti to Sellers, Lenders, Purcbasers, ~//t::~".r/7Ce 7/n , ~o and its underwriter .. tbat this survey was made on the ground under my supervision and correctly showl the corners, boundary lines, dimensions and area orrand indicated hereon, and correctly shows the location of aU permanent buildings, structures, and otber improvement and visible items on the subject property, and correctly shows the location of all alleys, streets, roads, rights-ot-way, easements and otber matters of record, of wbicb I bave knowledge, whlcb affect the subject property according to the legal description in such matters. Tbe undersigned further certifies that except as sbown bereon, tbere are no visible descrepancies, sbortages in area, boundary line confticts, encrol!cbments, overlapping of. improvements, casements or nghts-of.way, and the subject pro~~ss ~~;7d roadway. Registered Professional Land Surveyor No. 2014 Date '7 -/ t? -cJ Z ,;f"'"-R......-... ~~;f~}.;;J;/:;~f;,<\ . ..::'" :.~.:.: .,-....,.: ,.:\ \fl~.c ; ~,k, '1~ V',.",hu J , ,. .. .. . ... .. , ., . ~ ' . ~. \ ~ '.;. V:,"" ,'Oj4. ,".";.,-! \':~;:;'~:: f r." J; ':~f.~~':~{) '" l '.:~ sW.;'J'r'" '-......",.~>~,.. WARD According to the FIRM published by FEMA Community Panel No. 4~o.5!J/J ~ L/, this lot is not affected by the 100 year flood plain, Zone X . P,O. BOX 820253 FORT WORTH[ TEXAS 76112.0253 (817/251-6411 SURVEYING COMPANY, INC. Donald & Carla Hannah P.O. Box 501 Colleyville, TX 76034 Daniel & Jennifer Lapier 305 W. Van Oaks Colleyville, TX 76034 Eric Hansen 304 W. Van Oaks Drive Colleyville, TX 76034 -- --- -- ~-- ---------- - - --- - ------------ --~_. Foxcreek Residential Dev. Ltd. Mr. Larry Cole 6420 Remington Pkwy Colleyville, TX 76034 James & Elizabeth Worrell 600 Shetland Drive Colleyville, TX 76034 Ronald Kirchenbauer 317 Oaklawn Drive Colleyville, TX 76034 A L & Maria Hathcock, III 313 Oaklawn Drive Colleyville, TX 76034 Peter & Cherie Lopez 309 Oaklawn Drive Colleyville, TX 76034 Danny & Karen Coleman 305 Oaklawn Drive Colleyville, TX 76034 Gene & Jennifer Orr 301 Oaklawn Drive Colleyville, TX 76034 Larry & Patricia Lewis 209 Oaklawn Drive Colleyville, TX 76034 Guy & Laura Church 205 W. Van Oaks Drive Colleyville, TX 76034 William Virag 201 W. Van Oaks Drive Colleyville, TX 76034 Gregory Simpson 209 W. Van Oaks Drive Colleyville, TX 76034 Case Z-02-Q3& (Notices dated: November 1,2002) According to the last published Tax Record, individuals who own property that is within the 200' of the proposed special use permitland-or/zoning change request are listed above. I certify that the parties listed above have been notified of the proposed change request as required by the Texas Local Government Code and the Colleyville Land Development Code. Jan Levy ;;I---- Planning &~Uning Assistant ORDINANCE 0-02-1377 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF 1.00 ACRES OUT OF THE JANE S. NEWTON SURVEY, ABSTRACT 1177, FROM THE R40 SINGLE FAMILY RESIDENTIAL DISTRICT TO THE R20 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by David Debrecht on October 18, 2002, under Case No. Z-02-030; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. Sec. 4. Sec. 5. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described by metes and bounds attached as Exhibit "B", by changing the zoning of said property from the R40 Single Family Residential district to the R20 Single Family Residential district. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. Ordinance 0-02-1377 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2002. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Don na Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Exhibit A Zoning Map ~ l'" ~... ~ e~"" " E ( a" 1.\\(1 ~3-3-~ ".C ..' 13 ~ ,C: . ( ::: ~ ) ,..p '. v ., / - 6-.V - 't ~ '""'- - ) [ 1("\1 ("\ "rc ,... . ....... IE .. J -_.. ... - >> \y ~ R . '(1 'om nn..~~ C7S - \ - ~ ~l ~I n, ..co · "''' r1 a.::: ~ r\" YPl . I !-I- ~I~..t - II ~ I~ -~ ~~~ .....,..~- - LJ ... b PUD-R \,KMT"^"~ ~ MI R-29- :::-J:I f 0-9~1100 ~ Ivn::, ~ l.--- Q-99-1194V' ( E I Exhibit B Metes and Bounds Description All that certain tract or parcel of land situated in the Jane S. Newton Survey, Abstract No. 1177, in the city of Colleyville, Tarrant County, Texas, and being a portion of the E.A. Smith Subdivision as shown on a plat recorded in Volume 388-60, Page 31, Plat Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a ~-inch iron found at the Northeast corner of the above referenced Smith Subdivision, in the South line of Remington Park Addition to the city of Colleyville, as shown on a plat of record in Cabinet A Slide 3670, Plat Records, Tarrant County, Texas; THENCE South 0 degrees 04 minutes 30 seconds West along the West line of Lot 1, Block 1, Van Oaks Addition, Phase II, as shown on a plat of record in Volume 388-203, Page 1, Plat Record, Tarrant County, Texas, at 175.00 feet passing a ~-inch iron found in the North line of a road easement and continuing in all, 200.00 feet to a point for corner in the center of said easement; THENCE South 89 degrees 53 minutes 00 seconds West 217.80 feet along the center of said easement to a point in same for corner; THENCE North 00 degrees 04 minutes 30 seconds East at 25.00 feet passing a ~-inch iron found and continuing in all 200.00 feet to a ~-inch iron found in the South line of Remington Park Addition, above referenced; THENCE North 89 degrees 53 minutes 00 seconds East 217.80 feet along said South line to the POINT OF BEGINNING and containing 1.00 acres of which 0.125 acres are in use in said road easement. CITY COUNCIL cilyor ~ AGENDA BRIEFING CC~~~n<~ le.\ ;:\:'- MEETING DATE: 12/03/02 CITY MANAGER i ~ ITEM # : 7 DEPARTMENT HEAD ~ ORDINANCE # : 0-02-1378 FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of the Special Use Permit for an accessory building on Lot 1, Block 1, Mikolaitis Addition located at 2309 Hall Johnson Road, Case Z-02-032 First Reading and Public Hearing Backqround John and Deborah Mikolaitis are the owners of a house located at 2309 Hall Johnson Road. The owner has submitted a Special Use Permit (SUP) application to construct an accessory building on the property. The owner proposes to construct a 1,500 square toot, single-story building on the property. The accessory building regulations include size and location standards. All requests to exceed the base standards must be authorized by a Special Use Permit approved by the City Council. A comparison of the regulations and the proposed building is shown below. The proposed building meets all the requirements of the regulations except for the building size. The applicant has requested a waiver from this requirement, as allowed by the Code. ACCESSORY BUILDING ZONING COMPARISON Category Zoning Requirement Applicant Proposal 1 . Maximum Size 1,000 sf for 0.5-0.99-acre lots 1,500 sf , 2. Max. Number of Buildings 3 1 3. Side Setbacks 5 feet 20+ feet both sides 4. Rear Setback 5 feet 20+ feet 5. Max. Height Not to exceed height of main building complies The allowed size of an accessory building is based on the size ot the lot. For lots between 0.5- acres and 0.99-acres, the size is limited to 1,000 square teet. The applicant's lot is 0.9623- acres in size, or 41,918 square feet. If the lot were 1,642 square feet larger, the proposed accessory building could be constructed without obtaining a special use permit. The applicant has requested a waiver of this requirement to allow the 1,500 square foot building. A letter from the applicant is attached that further explains this request. The building, as proposed, would be constructed with a pitched roof, skylight panels, cupola, and shuttered windows. The applicant has indicated that the exterior construction material would be painted metal, the walls being light color off-white with green trim, and a gray roof. Agenda Briefing Ordinance 0-02-1378 Page 2 of 3 Impact Issues 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future single-family residential area. 2. Surrounding Properties. Most of the surrounding properties are developed as single- family residences. Properties to the north and west are developed as single family residences (Highland Meadows and Arbor Estates). Properties to the east and south are zoned AG Agriculture and contain single family residences. There is an office building located approximately 200 feet to the east. 3. Development Trends. The long-term trend for this area is single-family development. Property in the area is generally suitable for that type of development. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the land and house is appraised at $74,000. The estimated annual City property tax revenue generated by this property is $257. The addition of the accessory building could have a positive impact on the appraised value of the property. The owner has stated his intent to construct a new residence on the property in 2003. 6. Traffic Generation. The addition of the accessory building will not have an impact on the traffic generation in the neighborhood or local area, as the building is a private garage for use by the residents on the premises. Staff mailed 17 notices to adjacent property owners regarding this request. Staff received letters in opposition to the request. Copies of the letters are attached. The Planning and Zoning Commission conducted a public hearing and considered this request at the November 11, 2002, meeting and recommended approval by a unanimous vote. Speakers at the public hearing voiced concerns about the metal exterior of the building and were less concerned about the use of the building. Staff's recommendation of denial is based on the proposed building not complying with the Land Development Code. Since the SUP for this particular use has little impact on land use decisions or requirements, but may be important to those living nearby, staff believes the opinions of the area property owners should be the most important factor in whether to grant the Special Use Permit. Since the request is an SUP, conditions may be imposed that are different than or in addition to the normal requirements of the Land Development Code, provided the conditions are intended to reduce the negative impacts on the adjacent property. Recommendation Denial, due to technical non-compliance with the Land Development Code Agenda Briefing Ordinance 0-02-1378 Page 3 of 3 Attachments · Location and Zoning Map · Information from Applicant · List of Property Owners Notified · Correspondence · Ordinance 0-02-1378 i TA 2851 .69 ., I i .~.~ .-..-~~-~.~: ____00__._.1____.._.. i ..-..--.----..---.-----..----..-..-. ~93 !i81 Z : 1A \' .35 'IA? ~ /IoC 38 ". ... :; '/tC ! At rJ i I TA : --- -- 1 IAt : :------ 5!1': I , - , . I I 17A " 't I I \ ... ~a:~ IBR \ \; :0 Hif' \ \ & 1 ~ I !~ : ~ : iL---- -' ' I ~ 15 28R I I VERSA1LLES I JIf :71,..----- ---~~ - ~ 14 : ,~-;: : I~"": 12 I I~: I , 2' 1<1." 1 13 1~1 I 1"1":t I 111 I I I, t 12 22 I II 13 14 \ ~~~t__m." ~ Al\V : ! 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I'A V ~ 11 13R '''' ''lR ~ ... ~'A . ~ 6 ~~ I BALLANlRAI D!l Location Map & Area of Notification CASE # Z-02-032 - SUP for an Accessory Building 2 ~ ~\l-i.t ~. 1.11.7. 22 23R "'--", , ... - ------, I , I I , 2 / 1 I , I , , I Z I 7R : ~: I" , . , : ~.:- - 6R I ~, I 1 _.~ I , , 50 : I . 1 I. OR ... .. 31A 311A . '20 41 .. u: 3't 0 () u: 38 0 ~ z 0 :>: 37 36 I """ 6 I ,... 'R 15 2 14 3 , 13 . , I~ . ! II 6 II 7 , ... ... 5 3 II II lR OR J ... 1 I TR 195 .65 At TR '88 .&5/lC lnlQq .5'3 . !r. C !" TR lOll .59 .. f:' z a >: .. 2~ 2& ~7 '0 .. "'R = I ~r--~ ~ ~ 1iP ~~~_---', ~~ tj'l ~ --i:tfj!>--I l~ L__ ' t --'-------'; "' __ n=--=r ~ ~~ ~! ~ II ~ ',_ -.TIXJ:lOR-C'1 \_1 I I ~?! -j II - "';' , r~ -, ... 1 r.::: 1 lJ I M_ _"'v= 'C <!I -Ll" 11 I Q ...lcL1.... utn ril~'- ....1 r '--- lCtl ~ ~ ~ I Q D I T 1 · "- I!P' L<L \i!l ~, 0;lL- ,~. ,l"~ I -'- 11 -J ,,1m \ ~L f Il' -~ i1 I Il~ FrI ~~ =" l-=r I I "1 l~ - ~I ---+- U. J - .K> ~ 1 ~ ~~, r_ _ .' T I I- "" T <!II I. '-- I _ I. I"i'"" I, "J- ~I--_ U 8 ~ I~ <( ffC~ ~~ Tf~ 1 I I I I r ~"' J' ~ ~i= - IT-l7 ~ .- I~ - J"'fiWi 1"- " -'-'J::: r..,. ~ LH ~i I "'; l:l ...... 1 ~>-I ~ ~ R"4 \ :L ~ '-'1 \ 1 K1 _~ ~/ ~\? '" Q,. ~ ---" '-.J~ ~.--- , 'i .e ~tf r.! --.:~ ,;) ~ L-L- - rT..~ 'I v- -I I \, I L J _ .~ \' ", ~~- Ii <!I \\. -0 au I \ II ~ ~ ~ c:r: 11-J '!?$>;-:~, l=J~d __ .) Q U ~ '/ l '\ .) :!1 .. '/ "'/h ~ ~ '----' ~ _ ... t r.; 'W///.- ;: ~ 10~ Q Q '/ '// d, I-- _ .;::; _ ll:i ~ 6 I-- fjj ..... /,~ I j-", ~ I ~'~ ~ ~/'; ~~ ' ~,:.-- : 5 " -- r .. \' J ~ ~ P:Jr~ (.) ~ ~~~1 J I (2)~ 0: 0010 I N g ~ Q. 1- .......-l :r 2ic (.) ;U=r r L-~(';= - t"nl f-- 'I~r-.... """" =J Mikolaitis Addition Lot 1, Block 1 Special Use Permit Application 10/18/02 Background We agreed to purchase this lot in October 2001. It was reported to be 1.008 acres. We were specifically looking for a lot of 1 acre or greater in the Colleyville area in order to initially build a personal workshop, and then build our primary residence. We knew we needed at least an acre to build the size shop (30' x 50') we wanted per the Land Development Code (Section 3.27.A). The lot in question is located at 2309 Hall Johnson Road. It was originally 1.008 acres prior to the city acquiring 15' of road frontage to improve Hall Johnson. We discovered this during the survey and platting work. Application Details We elected to move ahead with our purchase and petition for a Special Use Permit based upon the following considerations: . The lot was originally 1.008 acres. We invested earnest money and survey expenses based upon this assumption. Zoning records reflectthe lot being 1.0 acre in size. (Attachment A is typical.) . The lot was formerly used to support a landscaping service. We have made the property much more visually presentable to the neighbors. (Attachment B is a photo showing the previous storage on site of miscellaneous landscaping tools, equipment, and products. And Attachment C is a current photo of the lot.) . The lot is very narrow and deep. We plan to place the shop at the very back of the property, nearly 400' from Hall Johnson Road. (See Attachment D.) . The property to the rear of this lot already has a large metal shop just across our fence line. (See Attachment D for location and Attachment E for photo.) . The lot to the east also has a large metal building (See Attachment D for location and Attachments F & G for photos of that shop and rock pile areas.) . Just to the west of our proposed building there is a fenced drainage area providing separation from the existing homes. (See Attachment H for photo.) . Our proposed building will be complementary to our planned home. It will be "garage" like, with a 4 in 12 pitched roof, skylight panels, cupola, additional personnel door and shuttered windows. The intended manufacturer is Mueller, Inc. (See Attachment I.) . The increased building size (1 ,500-sq. ft. as opposed to 1 ,OOO-sq. ft.) will provide for increased interior storage of our property, minimizing the outside storage "clutter" to our neighbors and us. Timing We plan on construction beginning as soon as this permit is acted upon. We further expect to begin construction of our home on this site during 2003, and understand that the small existing home will be required to be removed. Contacts John & Deborah Mikolaitis 2433 Brittany Lane Grapevine, TX 76051 Home: 817-488-3393 Work: 817-640-6936 Cell: 817-307-8124 E-Mail: mikoman@iuno.comoriohn.i.mikolaitis@cummins.com I I I I; /' -r 0.9823 ~E I nucr~ /DIIN~ 1'OtVll8 Da$ ~ :cr I~ I c,~'W I ~ '? / ~/ CD 'j / I t ~ / BLOCK 1 i l'J~/ !O'S.1.,_ ..., (11) ....- ..., ao) ....- fO' DTWNACE ~ U.I. AnncHlV16:"J~ D ..- ~ .. ~~ = ,..: ~ea "~lU ~,la ~ G~ ~G G U SUAVEY ptA~OA~EO 'UOY AND PLAN ~0It 'TINO AT THE TI~ 1\(.-11_, ...n r IMPAOVEMENT$ ON N --v~~ :tl BY ,It. THOROUCH : ORA I N,lt.OE REv I EW .J-~I\lC('~ ISIONS AAE ON ANO ~ 11$ TAACT WILL ~[ OAA"'A&{;" OV I !II ONS ~ST lit 11 /I L- h EXTENSIONS. rlR[ rr~~ ~ "'ROVISIONS ~y "'LANS ANO/O~ TMt 'OANCE WiT.... C' Ty 1....9' \ \ ...._1 / / _-./ !!to' !II1lDl.... LIHI!. _ .. ... ot<<-STOIl'f \lIOClO FRAAlE 7.5' DIt4INACE ~ U.8. \ "-- --~ ) / ( '" I I I I Prt~h 0 r'lTE L_ r tt r.:' ,// ... x S 60'46 '42 or 10$. ntAO'm otANtUt CAMbU. I'iia mlrIJI.I .... I'AGI ... . 'JiT. ~ .T.C.T. s 69'4!'09'~ 1~ re:;., STEEL IlOD Vo~ STEEL ROO ~ ')( l c; "t,tIi'c. (th~_I""JI L I 'ldcp 20' DJ L I, BLOCK J. 1'fEYARD ADDlnOl' CABINET A. SLIDE 4029, P.R. T. Mueller, Inc Steel Building Systems & Components Salesperson: Philip_~mith ______ __ Submittals Erection Drawings Qty 0 Anchor Bolt Plan Qty 0 Design Certification Next Business Day Mail (where available) Customer Data Building Arr-A:~H (v\&\)y Quotation I Date: 10/15/2002 Job#: UL-90 Design Calculations WPI-2D (Texas Windstorm Certification) See Additional Architectural Drawings Customer: Ship to: Mail Address: City, State, Zip: Contact: Day Phone: Home Phone: Cell Phone: Fax: Email: John Mikolaitis 2433 Brittany Ln. Grapevine, Tx. 76051 -- Ship Via: Mueller Truck Building Details Building Type: Width: 30.000' Length: 50.000' Sidewall Bay Spacin RF SS L T Peak Offset: 15.000' _ 1 @ 28.0000', 1 @ 22.0000' Frame ID 1 Frame Type Rigid _Fram Load Width 31.250' Col Type" ide-Flang . May change due to engineering requirements Building Code (Provided by customer): Building Loads: Design Code: Closed/Open: Exposure: Importance - Wind: Seismic Zone: Importance -Seismic: Seismic Coefficient: Importance - Snow: MBMA '96 --- P Dead Load: Live Load: Load Reduction: Roof Snow Load Collateral Wind Load: 1.00 1.00 ~-_._----- 0.05 --~-- 1.00 Stepped elevations or structures within 20 feet Special Serviceability requirements? Ye Ye MBMA Intended Use: Building Use Classifiation: Description of building use: 5G (Residential) Standard Building MBS File: JM End User: Name: Jobsite Address: City, State, Zip: County: General Contr: Address: City, State, Zip: Customer Type: Retail Weight: 10,592 Ibs Eave Ht Front Side: 10.000' ----- Back Side: 10.000' Roof Slope 4.000 in 12 4.000 in 12 irt Typ ByPass ByPass Rafter Type ide-Flang__ Frame Line 2 # Int Col's _~"-50_ps~_ _ 20.00 pst No ~.OO psL____ 3.00 pst 85.00 mph ----- Other Loads: Extension Dead Load: ~~J>~!_ Extension Live Load (SW 20.00 pst Extension Live Load (EW 20.00 pst Ye Ye Ye Crane Load? Floor Load?-: Parapet I Mansard? No No No 't .. No No Page 1 of 3 30 X 50 X 10 /10 Frame Coating Main Columns & Rafters Red oxide Galvanized Purlins, Girts, Eave Struts Red oxide Galvanized Door Framing Red oxide Galvanized Base Angle Red oxide Galvanized End Frames Base Condition Wall Bracing: Expandable Other Angle Trim Channel Girt Roof: Left Endwall: Front Sidewall: Right Endwall: Back Sidewall: Bracing Details Diagonal Bracing Panel Shear Diagonal Bracing Panel Shear Diagonal Bracing Left Right Framed Openings Wall Front Sidewall Front Sidewall Bay 1 -- 2 Open Widt 10.000' 16.000' Header Ht 8.000' 8.000' Sill Ht 0.000' 0.000' Offset 16.000' 2.000' 'Note on framed openings: Mueller, Inc will supply the necessary reinforcement to brace framed openings against necessary loadings. If the size of the framed openings are specified by the customer, Mueller, Inc will not be responsible for adaptability of fit-up of items installed in these framed openings other than stock overhead doors supplied by Mueller,lnc Purlin Extensions Length Soffit Wall None Surface Eave Extensions and Canopies Bay St Height Width Slope Soffit Wall None ay En Open walls: 'Note: All open walls will contain necessary columns unless otherwise noted. Left Endwall: Front Sidewall: Yes Yes No No Right Endwall: Back Sidewall: Yes Yes No No Partial Walls: Wall None pen Heigh Base Full Load Bay Start Bay End MBS File: JM Page 2 of 3 30 x 50 x 10/10 Roof Color: Panel: Gauge: Quality: Sheets & trim LI6.jfT iSM) White PBR 26 ----- 25 Year Walls Color: Panel: Gauge: Quality: Fasteners Roof Panel: Lap: Type: TEK1.25 LAPTEK Long Life Walls Panel: Lap: Type: Ll6t4f ~14'i(:':" -1=eA- --~--~-- R 26 25 Year TEK1.25 LAPTEK ---'~-- Std Ridge Covering Peak Sheets Ridge Row Eave Condition Front Sidewall Gutter & 3 Downspouts Eave Trim Insulation Roof: Walls Accessories Quan 4 1 1 --- 1 -~-- 1 ---'.-- 1 --- 1 -- 1 ------ 5 ------ 2 3 Inch 3 Inch Vinyl Back Vinyl Back Special Requirements: -~_._._------_.-._._--_._-----_.._---_.~ Trim Gable: Eave: Corner: Jamb: Soffit Panel: Lap: Type: . Reinforced Vinyl Back II Reinforced Vinyl Back ,"-< (; ftt: -f/V RHe ReEl Soffit Color: Panel: Gauge: Quality: RuG Red litye Red AH~~ Back Sidewall Gutters & Eave Trim E-Foil Radiant E-Foil Radiant Hex Wire Hex Wire ~~.---_._,.._~~-_._._.__.__.._--_._._--_._----_._------------_._----,.------~--- Description Roof Light Panels - SW x 12.0000' DBCI RUD - 10 X 8 Mod. 2000 - ~._~ DBCI RUD -11 J[ 11 Mod. 3100 Iby.8 3x7 Door Wht WIlks Cutout White !Y4 in X ~x7 Wht Frame Kit White (WI Hinges & Thresho!~ ____ Premium Heavy Duty Lockset _ JB9160a32~d) 3070 Trim Packages Weather Strip Kit 3x7 Door ----------- ,,- 9" Continuous Ridge Vent (Die-form Base) : White, W/damper Hor.Slide 3030 Ins M~._L! .~~__--==--=-~~_ ~~~~=- Estimated Building Price: $11,857.15 Estimated Shipping Weight MBS File: JM (Includes.fihipping, 8.~5!o Sale~....a)( inclu~ed) ._ 10,592 Ibs Page 3 of 3 30 x 50 x 10/10 '"' ~,:.r ~::::~ , I ~ '"''i''"' w I ~ I I ---l Cr-.!a-. 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NCle(5 I! s(5:k<< I 8Pt9 Chandler Cantrell Properties P.O. Box 611 Colleyville, TX 76034 Larry Brown 5603 Sycamore Drive Colleyville, TX 76034 Charlie & Helen Fay Hall 4200 Glade Road Colleyville, TX 76034 John & Lynn Terry 5609 Sycamore Drive Colleyville, TX 76034 Roger & Teresa Isbell 5701 Sycamore Drive Colleyville, TX 76034 Kevin & Heather Preola 5605 Sycamore Drive Colleyville, TX 76034 Jeffrey Seifers 5709 Sycamore Drive Colleyville, TX 76034 David Stiles, Jr. 2305 Ballantrae Drive Colleyville, TX 76034 Guy & Shelley Willingham 5705 Sycamore Drive Colleyville, TX 76034 Keith & Carole Butterfield 2309 Ballantrae Drive Colleyville, TX 76034 Kenneth & Mary Ann Cannon 2207 Ballantrae Drive Colleyville, TX 76034 A. J. & Elizabeth Phelan 2307 Ballantrae Drive Colleyville, TX 76034 James & Jill Van Over 2303 Ballantrae Drive Colleyville, TX 76034 John & Deborah Mikolaitis 2433 Brittany Lane Grapevine, TX 76051 Alfred & Christi Marucci 2301 Ballantrae Drive Colleyville, TX 76034 Case Z-02-032 (Notices dated: November 1,2002) According to the last published Tax Record, individuals who own property that is within the 200' of the pr?po~ed special use permit/and-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by ct;the Texas Local Government Code and the Colleyville Land Development Code. an Levy lanning & Zoning Assistant \I\A 15-M,.'L.. Planning and Zoning Commission City of Colleyville P.O. Box 185 Colleyville, TX 76034 ;'~"t"{):,~ :"_~t~;Li.t.\'\ ~ . ':_, (~1V~ ~\'; i;.} C.!! " ._'~ [) r-v' E L () r'~'f\/ ~:-- (.,; Regarding Case # Z-02-032 Special Use Permit for an Accessory Building. Lot 1, Block 1, Mikolaitis Addition Dear Sirs, I am one of the owners of the property directly adjacent to the case subject property described above (Lot 11 , Block 1, Arbor Estates III) and wish to submit my concerns for consideration of the Commission. My concerns involve the improvement to this property where: 1 Property values of Arbor Estates III in particular are concerned: I am confident the use of the proposed accessory building will be discussed at the hearing. I can not help but think, however, that a facility described as "accessory" will do anything to help surrounding property values and will most likely do damage There was recently such a structure on this same property that was dismantled and destroyed. The pest harborage alone (rodents, etc.) was enough to discourage the reconstruction of a similar facility but the impact to "sellability" of the surrounding properties was definitely felt as was shared by potential homebuyers during the sales cycle of one of homes adjacent and in the area. 2. The impact to traffic patterns of Hall Johnson Road: The current tenants of 2308 Hall Johnson have indicated that it is the desire of the owner of this property to erect a structure similar to the one described above for the purpose of opening some type of auto service center. If this is the intent or something similar there should be consideration given to the traffic implications of allowing this type of business in this area of Hall Johnson. You may be aware that this particular section of Hall Johnson has no protected turn lane or traffic control. 3 The potential increase in "neighborhood noise": If the business described above is allowed, the noise of an auto shop including air compressors, engine noise and general traffic would most certainly follow. The residents of Arbor Estates III have already endured some most un-neighborly behavior on the part of the current tenants, as Colleyville Police records will no doubt bear out. Specifically, weekend "celebrations" by the current tenants have been anything but discreet 4. The potential use of the property for commercial or industrial purposes: Commercial or industrial neighbors of a residential area such as Arbor Estates or Highland Meadows rarely make good bedfellows. Would parking, lights, generators, etc be required? 5. The evolution of this particular area of town: Colleyville seems to be a town in transition. Transitioning from a rural community existing of agricultural commerce and lifestyle to one of executives and entrepreneurs. An "adhoc" building erected as described above would most certainly fit here in the Colleyville of the past, however, it seems very out of place given the location and condition of the current City of Colleyville. I just had the pleasure of receiving my tax bill for the year 2002 where, for my % acre of the city, I was billed over $8,000. On a property with the potential appreciation that 1 believe mine has, I am happy to invest this money in my community for the common good. As you can imagine, however, I am not very anxious to make this same investment if there is little control over permitted construction and business at my back door. Thank you for the opportunity to comment. Sincerely, Jeffrey S. Scifers 5709 Sycamore Dr. Colleyville, Texas 76034 f\C 'J 0 8 iDOl Planning and Zoning Commission City of Colleyville P.O. Box 185 Colleyville, TX 76034 ~ ' Regarding Case # Z-02-032 Special Use Pennit for an Accessory Building. Lot 1, Block 1, Mikolaitis Addition Dear Sirs, . ,. \ ~ ;; , , I am one of the owners of the property directly adjacent to the case subject property described above (Lot 10, Block 1, Arbor Estates III) and wish to submit my concerns for consideration of the Commission. My concerns involve the improvement to this property where: 1 Property values of Arbor Estates III in particular are concerned: I am confident the use of the proposed accessory building will be discussed at the hearing. I can not help but think, however, that a facility described as "accessorY' will do anything to help surrounding property values and will most likely do damage There was recently such a structure on this same property that was dismantled and destroyed' The pest harborage alone (rodents, etc.) was enough to discourage the reconstruction of a similar facility but the impact to "sell ability" of the surrounding properties was definitely felt as was shared by potential homebuyers during the sales cycle of one of homes adjacent and in the area. 2. The impact to traffic patterns of Hall Johnson Road: The current tenants of 2308 Hall Johnson have indicated that. it is the desire of the owner of this property to erect a structure similar to the one described above for the purpose of opening some type of auto serVice center. If this is, the intent or something' similar there should be consideration given to the traffic implications of allowing this type of business in this area of Hall Johnson. You may be aware that this particular section of Hall Johnson has no protected turn lane or traffic control. 3 The potential increase in "neighborhood noise": If the business described above is allowed, the noise of an auto shop including air compressors, engine noise, and general traffic would most certainly follow. The residents of Arbor Estates III have already endured some most unneighboriy behavior on the part of the current tenants, as the Colleyville Police records will no doubt bear out. Specifically, weekend "celebrations" by the current tenants have been anything but discreet 4. The potential use of the property for commercial or industrial purposes: Commercial or industrial neighbors of a residential area such as Arbor Estates or Highland Meadows rarely make good bedfellows. Would parking, lights, generators, etc be required? 5. The evolution of this particular area of town: Colleyville seems to be a town in transition. Transition from rural community existing of agricultural commerce and lifestyle to one of executives and entrepreneurs. An "adhoc" building erected as described above would most certainly fit here in the Colleyville of the past; however, it seems very out of place given the location and condition of the current City of Colleyville. I just had the pleasure of receiving my tax bill for the year 2002 where for my 1/2 acre of the city, I was billed over $8,000. On a property with the potential appreciation that I believe mine has, I am happy to invest this money in my community for the common good. As you can imagine, however, I am not very anxious to make this same investment if there is little control over permitted construction and business at my back door. Thank you for the opportunity to comment. since::, II ~+,,_ /. A. '1l.llingharn 5705 S~more Dr. Colleyville, Texas 76034 '~iA U , , t I t'iU ,) 0 6 2002 Planning and Zoning Commission City of Colleyville P.O. Box 185 Colleyville, TX 76034 Regarding Case # Z-02-032 Special Use Permit for an Accessory Building. Lot 1, Block 1, Mikolaitis Addition Dear Sirs, I am one of the owners of the property directly adjacent to the case subject property described above (Lot 11, Block 1, Arbor Estates III) and wish to submit my concerns for consideration of the Commission. This facility will undoubtly cause great harm to our community. Noise levels, traffic patterns and the unsightly presence of this addition are just some of the negative factors that will impact all of Mr. Mikolaitis neighbors. Property Values will tumble. The house next to mine was recently on the market and already experienced difficulty in selling and the comments where all based on the exsisting sights and noise level already associated with this property. A quick review of Police records and complaints on this property will bear this out. We take great pride in our homes and our community. Please help us protect our property from harm. It is, I believe, the very reason you exist. Thank you for this 0 portunity to express my family's concerns. John Terry 5609 Sycamore Dr. , Colleyville, TX. 76031l , ~ NOTICE OF PUBLIC HEARING ON PETITION FOR A SPECIAL USE PERMIT DATE OF NOTICE: FRIDAY, NOVEMBER 1, 2002 CASE NUMBER: Z-02-032 Planning and Zoning Commission City of Colleyville P.O. Box 185 Colleyville, TX 76034 Regarding Case # Z-02-032 Special Use Permit for an Accessory Building. Lot 1, Block 1, Mikolaitis Addition Dear Sirs, I am one of the owners of the property directly adjacent to the case subject property described above (Lot 11 , Block 1, Arbor Estates III) and wish to submit my concerns for consideration of the Commission. My concerns involve the improvement to this property where: 1 Property values of Arbor Estates III in particular are concerned: I am confident the use of the proposed accessory building will be discussed at the hearing. I can not help but think, however, that a facility described as "accessory" will do anything to help surrounding property values and will most likely do damage There was recently such a structure on this same property that was dismantled and destroyed. The pest harborage alone (rodents, etc.) was enough to discourage the reconstruction of a similar facility but the impact to "sellability" of the surrounding properties was definitely felt as was shared by potential homebuyers during the sales cycle of one of homes adjacent and in the area. 2. The impact to traffic patterns of Hall Johnson Road: The current tenants of 2308 Hall Johnson have indicated that it is the desire of the owner of this property to erect a structure similar to the one described above for the purpose of opening some type of auto service center. If this is the intent or something similar there should be consideration given to the traffic implications of allowing this type of business in this area of Hall Johnson. You may be aware that this particular section of Hall Johnson has no protected turn lane or traffic control. 3 The potential increase in "neighborhood noise": If the business described above is allowed, the noise of an auto shop including air compressors, engine noise and general traffic would most certainly follow. The residents of Arbor Estates III have already endured some most un-neighborly behavior on the part of the current tenants, as Colleyville Police records will no doubt bear out. Specifically, weekend "celebrations" by the current tenants have been anything but discreet 4. The potential use of the property for commercial or industrial purposes: Commercial or industrial neighbors of a residential area such as Arbor Estates or Highland Meadows rarely make good bedfellows. Would parking, lights, generators, etc be required? 5. The evolution of this particular area of town: Colleyville seems to be a town in transition. Transitioning from a rural community existing of agricultural commerce and lifestyle to one of executives and entrepreneurs. An "ad hoc" building erected as described above would most certainly fit here in the Colleyville of the past, however, it seems very out of place given the location and condition of the current City of Colleyville. I just had the pleasure of receiving my tax bill for the year 2002 where, for my ~ acre of the city, I was billed over $8,000. On a property with the potential appreciation that I believe mine has, I am happy to invest this money in my community for the common good. As you can imagine, however, I am not very anxious to make this same investment if there is little control over permitted construction and business at my back door. Thank you for the opportunity to comment. ~~ Jeffrey S. Scifers 5709 Sycamore Dr. Colleyville, Texas 76034 """';~~I..;..:._.....,....n... .."."...1......... 'I.ffl. ..........0.: ......._-' . 'C>~" ......0.'.. <,," _ .'J I '"', ,"'-" \' ,', tit.: _'<'" --." . ',,... ...',. ,.. ";J . .,,,\ I ....-.......:. ."~'" .',' -.' .-,', -~-_.- ""', \ j " I NfJyt' I" ~ 1 . .: '. 1" 1'<~: . .'. . . . . I " ,\:Qitllil.t~lihi~~Kti)ft.lrl~~tJI ORDINANCE 0-02-1378 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR AN ACCESSORY BUILDING ON LOT 1, BLOCK 1, MIKOLAITIS ADDITION; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a Special Use Permit was filed by John Mikolaitis on October 18, 2002, under Case No. Z-02-032; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. Sec. 2. Sec. 3. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A") are hereby amended insofar as they relate to certain land located in Colleyville, Texas, described as Lot 1, Block 1, Mikolaitis Addition (2309 Hall Johnson Road), by authorizing a Special Use Permit for an Accessory Building, subject to the following conditions: a. The maximum size of the building footprint shall not exceed one thousand five hundred (1,500) square feet. b. The building location shall be consistent with the drawings attached as Exhibit "B". THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. Ordinance 0-02-1378 Page 2 of 2 Sec. 4. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. Sec. 5. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2002. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney I-------J - - - Ip~- - - I-- f--- r- ~ ~ I--- - >------ r- c- - I-- r--- "" ~ -:;:--- ....... -L.\ -' - - t; I- ,l ~ ~ CT ~rH_7 v ~AG h- Exhibit A Zoning Map ~ IrT_- ... 11 l-- p: ~ t--- Me Ufr-...I:lti:S r--- \ ~\ I ~i;~FE -I- w ~ u " ..",; (I" If .-1 ;r- -- r.,-:"" A G - -~ I - - y l ~U'C-= v ]~ ;f' R-4D \ --"-. /:::::1 _ I-- --...e v _ e--_ I---- I-- I--- L_ L-..- '-0:;) ~ .. wI -I I I j-"" I I I '-~ I 1 I [ ;: I I ~'m I; .// '0' tJIWNAr;E.. v.,.t ( D.9S23 fE: '10' I J \,j I ~ I ;' I i I / I I !/ CD " / Ie; ; BLOCK 1 ,~ y/ " I' \~ I 7.&' DlUlNAr;! It V.!. I \" I --~ i ) I ('" I f'N;~H 0 rlft~ L_ r',Tf, ~ to' DlUlNACE 1tlr. ~ L. 971lt. PG. 4/'. .r.c.r. 589'45'0 ~ST[EL ItOO Exhibit B Building Location _ !Or lUlu".,.. i.... ._ (iD '- (~9~\ ~,.-I ( -8~\ \ I ,- / -~ roe;.,"m ROO S69'46'4 I CITY COUNCIL Cil~' or r"~ ((V;~~'. ~ljn= '" /j.-J_~ "':'d ---=:..--\ J ~~ IC.\0'3o AGENDA BRIEFING MEETING DATE: ITEM# : ORDINANCE # : 12/03/02 8 0-02-1379 CITY MANAGER DEPARTMENT HEAD I J",*, FINANCE REVIEW N.A. Previous Action: None DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of the Zoning Change from CPO Professional Offi ce to PUD-C Planned Unit Development Commercial on Tract A2, Block 2, Highland Acres located at 5314 Bransford Road, Case Z-02-033 First Reading and Public Hearing Backqround Hughes Capital Management is the owner of an existing building located at 5314 Bransford Road. Victorious Living Church has applied for a zoning change on the property from CPO Professional Office to PUD-C Planned Unit Development Commercial. The owner is seeking a zoning change in order to use the facility as an assisted living center. The property is located at the southwest corner of Bransford Road and Timberline North, just south of city hall. The existing single-story building is 9,783 square feet in size. Access to the property is from Timberline North. There are 15 parking spaces on the lot. The building was constructed in 1986, and was initially used as a retirement home. In 1993, the building was used as a Class A large personal care home, similar to the type of use proposed by the applicant, and maintained a license for the facility through the Texas Department of Health. The facility ceased operation for unknown reasons in May 1998. Changes to the zoning regulations in 1995 resulted in this type of facility not being an allowed use in the CPO zoning district. Thus, the owner has applied for a zoning change to allow the use as proposed. The applicant proposes to use the building as a Type A Assisted Living Center. According to the Texas Department of Human Services (DHS), a Type A facility is one that "cares for residents who do not require routine attendance during sleeping hours and are capable of following directions in an emergency." Assisted Living Centers typically provide food and shelter, and personal care services such as assistance with meals, dressing, bathing and the supervision of medication. The Texas DHS licenses, inspects, and investigates complaints related to these facilities. A State license is required for any facility that houses four or more people; the applicant proposes a capacity of 32 residents. The applicant intends to sign a 36- month lease upon approval of the Special Use Permit. Agenda Briefing Ordinance 0-02-1379 Page 2 of 2 A Type A Assisted Living Center license does not authorize the owner to operate a nursing facility/home, an adult day care center, a mental health/mental retardation hospital, or a drug or alcohol treatment center. Impact Issues 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which designates this area as a future institutional area. 2. Surrounding Properties. The properties to the west are developed as single-family residences. The Latter-Day Saints church is located to the south. A mixed-use office and residential building and a day care center are located to the north. City Park is located to the east across Bransford Road. 3. Development Trends. The area IS not experiencing significant development as most tracts are already built upon. 4. Infrastructure. Water and sanitary sewer service are available along adjacent rights-of- way. 5. Property Taxes. According to information available from the Tarrant Appraisal District, the land and house is appraised at $600,000. The estimated annual City property tax revenue generated by this property is $2,084. 6. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation provides estimates of expected traffic generation based on land use. There is little data available for assisted living facility or congregate care facility uses. The most recent data available are from 1981, which estimates 2.12 to 2.15 trips per occupied dwelling unit. There are no traffic counts available for Bransford Road. Staff mailed notices to 10 adjacent property owners regarding this request. No correspondence has been received regarding this request. The Planning and Zoning Commission conducted a public hearing and considered this request at the November 11, 2002, meeting and recommended approval by a unanimous vote. 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I I:> 1< / I-- ~ ~c-= == - , DJ "r""" "r""" ~ uI t:: '" STATEMENT OF PLANNING OBJECTIVES: Our church, The Victorious Living Church, organized and approved by the Internal Revenue Service as tax exempt organization in 1995, would like to open an Assisted Living Facility in the formerly known Townleigh Retirement Center located at 5314 Bransford Road in Colleyville. The building was, at one time, operated as a State approved type A, Assisted Living facility. We will leave floor plan as is. This current facility would have a licensed capacity of 32 residents, In a Type A facility, a resident : (A) must be physically and mentally capable of evacuating the facility unassisted. This may include the mobile non ambulatory persons such as those who are in wheelchairs or electric carts and have the capacity to transfer and evacuate themselves in an emergency. (B) does not require routine attendance during nighttime sleeping hours; and .. \ . (C) must be capable of following directions under emergency conditions. Upon approval from the City of Colleyville, our organization would sign a 36 month lease agreement as the responsible party and began operations. Thank you, Patsy Ray, Administrator ".l ""!;;~"""" ~,,~ .~ "-_'''H_'~_''.'''''.''''''''~_JN'.'''_ N <')D :z::i. (:J -:~, ..".----.,.....-............. .. " .'.... '.'- <..\,.ii.i.~,'.'.~~.,~:....'.',~~W'~~~._':. . , ~ ti ,II .N ':,::8 'l.:"'~ :, _ t11 ....' . -".' -- . . . $:QO!fO~27.i, ~e: .'.,~- ,..._-......._...,..,...._-_.,~--......._....,"-~_.,~:..........~....~l ---;~..~........".~:.~.---- " , 8A:ANSFORO '" RO:~<[)-{A'$PHAL Tl ---.-.... "--. -....._..~~ ....--- ... ....-......-----.-----.~~-~...-- --... ~_.'w___.......... ':'.,..._,..-..-"'_...._...-.---~--..__...,""................,_.,.. -"- ---~.., -.,--.- ',-4 3: m tt:1I ::0 r Z m z o ,:;:e -1 J: j; <Ii 1 1> r -t 1 i 1 1 I I I I I I i I f , t ! j ( cd W~7:p0 c00c 80 '+00 --() -.....-.- t 13da 110)5 : WOd~ : 'ON 3No-ld PI-GE NO. : I ]!jr.:~r.=,i;'.';'~"'::'''''~~~'.1 Oct, 08 2002 ~1~1 J'::~;:--'< US IL~:::'~*=~\1~-~-,' 04:44PM P4 ." <<... CJ 'lnh __ _~j ::. \ _ Iv ~ 11 <oj.. - ___'------ ' "" I' .... . , ' I' ~.d~~~~;;&~;~~I~-r.ll .;.~t~11 ~ J~' ,::.. Ii; \ r'i ~_ < ~g~1 , I~ ''''1 ' ~ I I ~. 0. .iJ .:c .<7,'-- -1' I 7 .,;,. I t.., J '~'.? . i ;.;'. Tn- ,--:No ",' vv - 'I .. ..0', I~'_'''~ I.r.gi'" ~'] .i-~'l l) -I .~ ~ ' :", . ) ,~II~: < Q :. l'" 0 .. _^ " .,~ ..~..J:f' , ," " .r--~- :7; /) :~J6~{f0~t\L t, ~ :" -I r ~I \1 ~~l ~,. ;'~, ~: )\ I -I:>> ~ . -, ~'I .:::~ w,;,. -~l~/ 6"~1 ,.. "i rl~~ :pl ~I~ ;; .-' '~I" L. '! 9 ~ · !, _::.----....~I ' _ ~- _==:,_.._l__....:::::bf 0\,~ 1,/'\."1 II! \. "'+-:,J AIL: ~I) ~ ~ t. __ ~ I.;...~_-c:"' .-'~ ~ !"i;.:..-. 'L lli. /: ~ 1~-=,K;;,,---1~ ~ i '.~ ,;' (:q:\U'lP~~fPiT-O&~;..;:..,l ::.. It~ /:.\__;:~ ..-~ ~ ._I~ ,:- ~,c Ill., . ~ ., ,f... D :;,r'l:1 ..~ (1'~ I ' ,.--'/ - ...' .... -- I . '.' ..J, .,~. I I~-T'" ,"~' " . ."- \r'o=:.~-..;,j,:,fir.., Je>Jt,;;<o'1 '.1.. it).",,b'. ~~C",',:oj'''~;\ , . ~ ~!" , ,1 \. '-.d 10 ,"'_'-.L'j'<lfo!."Il-.f(OJ.[ ~",_"i?t? (S t' ~.I r .r;:r\!ri? ~.... ~-1. I, , 'rd ~ I "i1-r~'" ,., ~ " . e" l"-' c. ;: 0 -,.,,~ ". ~ . ""'1',;,1 I I ~ ~ ~II . ~'f '""1 ' ~~~ ....:.."'-1' r .. - .. ~ ,V , . i ;. ...:: !~i ~ C :. I "'r ,..'~-"' 11 .' . S" I, I "I '-; , I'i ! < ;, _ \. -.. ~" " ; r LV: · "I ; ~~-r-~ ~ \ . 0 ~ ~... ~ \ " - :; I -[ I I ....-'~.>!...".J...il9 1;~ll ~ (jl ~ o\'~1 > ..' . .... .~,; · I I' ~ ..,. . _~-,~_'" . _ ~ .__ .' ' '. · t . I __" ~. j""'.'~ L' 11 .. ,7.< ...., ..N" - " -- ' , _-,-.--.".----h ,- ' .. '_ .hst ..... I 0 ~ 1r ._' '\~;~"7 . .-' l,~, ".= '.". ""; ~-:;r':'<:;;'-=;:f~:::t~;~tr~'r. x--:::--==-l' . .._.. -. ,.,p." 1 " '" /. " ......., ~".. . I "\ .,...~,r-:.. 1! l ..~~ ':-'"'''~'::-''' I' 1~::-_...1U.'_' -:,1."' \ J '''' "'i' ~: rnnr4: '" / - I ~"E ,.- . ; ,~vj.. \-~ J j.~ ::: ~ ,,'" ~ '''';;': "-- ~. . u.,--'L't .IL '..J l1 ,,-,.... ..." ' ~- -- " .......,... --. li'.~! .. I. [i7il, -' .u 'H: ']' '\ Ii r.=:~:;T.:.::-];.-:,~ ~ I j I .' \ . ~~...., \ J' 1 \... ""..,~' 1 I' ' .. ';.~:.:'" .) ~ ',j ... ~ ..' .. I' I ,I . I . l,lf ....." ! ~ ~"I I ,""" - j;! ~. · . ""'.....--oY.--'-. [ ". .. "l,.,mk,.. -'---~"-l~LU r" ,,--.- . ,.' ,,,,J _ ".. i" " 13InJP(I(IM 7- iiii~~~; T ......... . ' · "--.::1 -.J1 .Y' FROM SCOTT BREI ',t: ,. ' ~ ~ ....Il'" _.~ ,~::'?~U*4 .. .-1"''''I''I1II David & Denise Hall 407 Timberline Street N Colleyville, TX 76034 Van Tee! P.O. Box 242 Colleyville, TX 76034 John Slater 404 Timberline Street S Colleyville, TX 76034 Wilmer & Alinda Dale 408 Timberline Street N Colleyville, TX 76034 Billy & Janice McClure 404 Timberline Street N Colleyville, TX 76034 Wheatland Medical Inc. 1301 Capital ofTX HWY A-306 Austin, TX 78746 Church of Jesus Christ LDS 50 East North Temple Salt Lake City, UT 84150 Shirley Roberts 101 Timberline Street N Colleyville, TX 76034 Ritz Properties Inc. P.O. Box 1530 Colleyville, TX 76034 Anthony & Frances Hernandez 3125 Oakdale Drive Hurst, TX 76054 City of Colleyville Case Z-02-033 (Notices dated: November 1 , 2002) According to the last published T~x Record, individuals who own property that is within the 200' of the pr?po~ed special use permltJand-or/zoning change request are listed above. I certify that the parties listed above have been notified ofthe proposed change request as required by ~e Texas Local Government Code and the Colleyville Land Development Code. an Levy lanning & Zoning Assistant ORDINANCE 0-02-1379 AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF TRACT A1, BLOCK 2, HIGHLAND ACRES, FROM THE CPO PROFESSIONAL OFFICE DISTRICT TO THE PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE; AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an application for a zoning change was filed by Pat Ray, Victorious Living Church for Hughes Capital Management, Inc. on October 18, 2002, under Case No. Z-02-033; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit "A", and described as Tract A 1, Block 2, Highland Acres, by changing the zoning of said property from the CPO Professional Office district to the PUD-C Planned Unit Development Commercial district, as shown on the attached Zoning Exhibit attached as Exhibit "B", including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. Sec. 2. THAT the PUD-C area shall be subject to the following conditions: 1. GENERAL a. The purpose of this PUD-C is for an assisted living center and general office land uses. Ordinance 0-02-1379 Page 2 of 3 b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. 2. PERMITTED USES The following land uses shall be permitted within this Planned Unit Development. a. Assisted Living Center b. Uses allowed in the CPO Professional Office zoning district 3. GENERAL REGULATIONS FOR ASSISTED LIVING CENTER a. For the purposes of this ordinance, an assisted living center shall mean an establishment that furnishes, in one or more facilities, food and shelter to four or more persons who are unrelated to the proprietor of the establishment; and provides personal care services. b. For the purposes of this ordinance, personal care services shall mean assistance with meals, dressing, movement, bathing, or other personal needs or maintenance; the administration of medication by a person licensed to administer medication or the assistance with or supervision of medication; or general supervision or oversight of the physical and mental well-being of a person who needs assistance to maintain a private and independent residence in an assisted living facility or who needs assistance to manage the person's personal life, regardless of whether a guardian has been appointed for the person. c. This facility shall be licensed as a Type A Assisted Living Center by the Texas Department of Human Services as required by the Assisted Living Facility Licensing Act. Proof of such licensing shall be required prior to the issuance of a Certificate of Occupancy for this property. d. The number of residents in the assisted living center shall not exceed thirty-two (32) people. e. At least eighty (80) percent of the residents of the facility shall be fifty-five (55) years of age or older. f. This facility shall not accommodate individuals who are bed- ridden, chronically disabled, invalid or pose a direct threat to the Sec. 4. Sec. 5. Sec. 6. Sec. 7. Ordinance 0-02-1379 Page 3 of 3 health, safety or welfare of themselves or others. This facility shall not constitute a halfway house, rehabilitation facility, or any other type of facility whereby individuals receive guidance or assistance in the transition from institutional care to normal social activities and treatment, counseling, or other services related to such rehabilitative services. THAT any person, firm, or corporation violating any of the provisions of this ordinance shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. THAT the Land Development Code of the City of Colleyville, Texas, shall remain in full force and effect, except where amended by this ordinance. THAT the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternative method of publication provided by law. THAT this ordinance shall become effective immediately upon publication. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2002. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney EXHIBIT A - ZO NING MAP -SlTE.S AG EXHIBIT B - ZONING EXHIBIT TIM8ERl.lNE NORTH " r".,",..,'_.,.,.,.,~".,' ."",., ~7,r:;""..1 (, .. ,C$MS! ..:.. ;A ~- ~~ ~,'. ~:~.~,:.;~.... ....~'I~;J N tn <> ~ t It: '\~ -- ,.- ,. ,I&" .,";rA)M I : I ~~ ~I" J f CITY COUNCIL cc6$ AGENDA BRIEFING ,...:-;:\$ MEETING DATE: ITEM # : ORDINANCE # : 12/03/02 9 0-02-1380 CITY MANAGER i DEPARTMENT HEAD FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Adopting TXU Gas Distribution general service rates including rate adjustment provisions and miscellaneous service charges for sales and transportation of natu ral gas to residential, commercial and industrial customers First Reading and Public Hearing Backqround TXU Gas Distribution Company filed a Statement of Intent on March 1, 2002 with 109 North Texas cities to increase rates charged for natural gas service. The proposed change would increase current rates by $33,9 million in the North Texas Metroplex Distribution System. On March 18, 2002, Council authorized the City to participate jointly with other cities in the distribution system (TXU Steering Committee) to independently analyze the reasonableness of the gas rate filing, The TXU Steering Committee retained Diversified Utility Consultants, Inc., (DUCI) to report to cities regarding TXU Gas Distribution's proposed consolidation of systems and increase in revenue requirements for the Metroplex. DUCI recommended a reduction to TXU's proposed rate increase based on a review and analysis of the individual components of the request that tested whether a reasonable level of costs and expenses had been requested. A settlement committee and TXU participated in various settlement scenarios and counter- offers in June. Negotiations ended in an offer that would hold the Fort Worth System's rates at the current level and increase the rates of the remaining 86 cities by $12.7 million. The impact of that settlement offer can be seen in the tables below described as the "June Settlement Offer." On July 18, the City of Colleyville along with fifty-one other Metroplex cities denied TXU Gas Distribution's initial request and subsequent offer to increase natural gas rates. Upon denial by the cities, the rate request was appealed to the Texas Railroad Commission as Gas Utilities Docket (GUD) 9313. Current Settlement Aqreement Before the Steering Committee filed testimony for the docket, committee legal counsel and TXU reached a preliminary settlement agreement. The settlement offer was delivered to city representatives on October 29. A spreadsheet listing each city and the revenue changes by Agenda Briefing Ordinance 0-02-1380 Page 2 customer class can be seen attached, The impact of the settlement offer on Colleyville, compared with the June settlement offer, is outlined below: March June October Proposed Settlement Settlement Offer All Cities $33,853,710 $12,673,084 $7,500,000 Colleyville $359,187 $191,816 $106,798 The October settlement decreased the revenue requirement proposed by TXU in June by 44% for Colleyville and 41 % for all cities. The impact on the revenue requirement for each customer class in the City of Colleyville is outlined below: Customer Class Revenue Increase % Increase Residential $ 106,243 3.0% Commercial $ 555 0.2% Industrial $ 0 0.0% Service Charges $ 0 0.0% Total Revenue Change $ 106,798 2.7% The settlement increases current rates charged to residential and commercial customers, An analysis of the proposed rates is outlined below: Residential Current March Proposed June Settlement Offer October Settlement (Final) Customer $7.0000 Customer $9.4000 Customer $8,0000 Customer $8,0000 CharQe CharQe CharQe CharQe All $0.8335 First 3 $1,1500 All $1.0171 All $0.8848 consumption Met consumption consumption Next 12 $1.0822 Met Over 15 $0.9990 Met Commercial Customer $12.0000 Customer $14.7500 Customer $14.7500 Customer $14.0000 Charge Charge CharQe CharQe First 20 Met $1.1371 First 30 $1.1300 First 75 Met $0.9169 First 30 Met $0.9978 Met Next 30 Met $0.8371 Next 320 $1.0110 Next 275 $0.8203 Next 320 $0.8928 Met Met Met Over 50 Met $0.6871 Over 350 $0.9302 Over 350 $0.7548 Over 350 $0.8214 Met Met Met Agenda Briefing Ordinance 0-02-1380 Page 3 The typical residential customer using 6Mcf per month will realize an increase of approximately $1.37 per month. The typical commercial customer using 30Mcf per month will realize an increase of approximately $0.87 per month. The City of Colleyville has no industrial customers, Current Settlement Increase % Change Residential @ $39.19 $40.56 $1.37 3.50% 5 Met Mo, Commercial @ $209,81 $210,68 $0.87 0.41% 30 Mcf Mo. Rate case expenses occurring before June 1, 2002, will be surcharged to all 107 North Texas metroplex cities. Costs incurred after June 1, 2002, will be surcharged to the 51 cities whose ordinances were appealed, Spread over a twelve-month period, recovery of these costs will result in a per Mcf surcharge of 1,5 to 2 cents. Since monthly usage averages about 6 Mcfs over the year, this amounts to a monthly surcharge of approximately 9 to 12 cents for the typical residential customer. Additionally, as a part of the settlement, TXU will refund the amounts owed to consumers pursuant to the Order approved in GUD 9173 during the months of January through March 2003. The new rates will be effective for bills rendered on or after February 1, 2003. The attached ordinance approves the rates presented in the final settlement agreement. Financial Impact None Recommendation Approval Attachments · North Texas Metroplex Distribution System - Revenue Increase/(Decrease) by City · Ordinance 0-02-1380 ~~~~~~~~#~~~#~~~~~~~~#~~~~~#~~~#~~~#~~#~~~#~~#~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ 2MNMMOMO~NMN~MMNMM~~MM~NNMMMMMN~MM~~MNN~M~ONNNNN~MN~N _41 I I " I ~ I ~o.. ~ ~M~~m~rooro~~V~NN~~O~a~~vMv~OVroMV~V~~rovroNoomNMM~~V~OOmo ~ ~~~~~~~~~ffi~re~~~~~g~~~~~~~~g~ffig~~~~~;~~~~~g~~~~~~~~~g ~c~~~~~g~~gg;~~~~g~g~g~~~~~g~~g~~~~~~g~~~~~~~g~~~~~g~g G:I~~~ ~_~ m~~~ ~v~ ~~ NN~~~N ~~~~~~M ~~N~ ~m-M~~~~*~ ~~ ~l~~ ~ ~ ~~~ *~ ~~ ~~ ~-* * ~ ~* ~~ ~ ~~ ~ ~ ~~#~~~~#~~#~~~~~~~##~~~~~~~~~~~~#~~~##~~~~~#~~~## c8888888g888~8g8gg8gggggggggg~ggggggggggggg8gggggg ~oaaoaaaaaOaIDOOaaOaaaoaooaaoa~aooaoooooooooooooooo . ~ fa. 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I , "- i .~ a: m~vro~~~~M~N~~amIJ'1NMaoro~o~M~"-IJ'1~IJ'1M~oo~Nroro~NM"-~V~NNro~..-~V~ ~om~~...-M~vU')mvNomro~~~wro"-MlJ'1m~aM...-..-~rorororovm~MvooM~mmoMIDmw~ aMOIJ'1~wrooN~IDNmID~NVMIDNmv~...-owaMN~wa~N~m~m~M~NroM~~N~NMro~ c~~~N~~~M~~~~roM~MoNN~~oroN~rooM~m~N~*~NMM-m~M~wMM~~~Moo~ ~NN~...-M~ 1J'10vM ~~M~Mro~...-IJ'1"-~,,,-V*~N*~*MO ~~IJ'1~ ~M~M...-M..-NN...-~N~ 0*..- m~~ M"-"'-~ N"'-"-~ ..-N..-M~"- ~...- V...-N ~..-~ IJ'1-N"'-~~"-~~ ~~ ~ ~ *- ~~* ~~ ~ ~~~~-~ ~ ~ ~~ ~ ~ ~~ -~ ~ E .. 1ii ,., (f) c ~ " 'ci!;< Eo en >- .- .c o. >< ~ .!! ~ Cot; o ~ ~e ..- ::;: ~ en rn '" e >< u .. E I- ~ .c ~ t:: ii o > z~ CfJ Z W o 0:: <( (:J W CfJ ~ Go CfJ ~~ (:J I- ~z I- W...J ~ o Z Zw r~ ~~ ~~ I w~ ~ Z r~ z- WO~ ~z ~~ mO Qw~> w~ 0 w zO ~WZ~ O~o(:J~~ u~ 05 >CfJ~ owzuo CfJ ...J~3...J~ ~O OCfJI- ~~ou~ Oz w~CfJo::o::go~~j~~00::ZOW~CfJ~O::wO::ozI5~Z ~ o::->~~w~~~I~(:J ~~wl-w5~0...J~<( ...J~IO wWz- OI-~-CfJ-W <(ZW :)I-I(:JZ -w~z IwO <( CfJOI I~ ~ ~~r~o~wO::~~_0::~1-0rnuw>~~o~Z~~ICfJUZ~~~0~CfJ-~I-I-Z~I5I(:JI-U~~~<( o~(:J~~o~o::~~O::O::...JZCfJ~z~o::o::oCfJO::w<( O::I--CfJ~~UI-Z~O::O::z<( >u<(~wo ~I- o~o::o::<(w...J<(oooo<(wwo~~~<(...J~<(~o::~~~~>o::~ww~~<(o~O<(~~~O<(WOIO::~CO <(<(<(<(rnrnrnouuouooooow~~~~(:J(:J(:JIIII_~~~...J~~~~z~~~O::O::CfJCfJCfJI-I->~1- ~ z ~ ~ N M ~ ~ w ~ ~ m ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ g M ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ : ~ ~ ~ ~ ~ o ~ "'''' ORDINANCE 0-02-1380 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS FINDING, AFTER REASONABLE NOTICE AND HEARING, THAT TXU GAS DISTRIBUTION'S RATES AND CHARGES WITHIN THE CITY SHOULD BE CHANGED; DETERMINING JUST AND REASONABLE RATES; ADOPTING GENERAL SERVICE RATES INCLUDING RATE ADJUSTMENT PROVISIONS AND MISCELLANEOUS SERVICE CHARGES TO BE CHARGED FOR SALES AND TRANSPORTATION OF NATURAL GAS TO RESIDENTIAL, COMMERCIAL AND INDUSTRIAL CUSTOMERS; PROVIDING FOR RECOVERY OF RATE CASE EXPENSES; PRESERVING REGULATORY RIGHTS OF THE CITY; PROVIDING FOR REPEAL OF CONFLICTING ORDINANCES; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City of Colleyville ("City") acting as a regulatory authority, has previously suspended the effective date of TXU Gas Distribution's ("Company") application to increase rates in the City in order to study the reasonableness of that application; and WHEREAS, the City of Colleyville, in a reasonably noticed public hearing considered the Company's application, a report from the City's consultants who were retained to evaluate the merits of the Company's application and a settlement agreement negotiated with TXU Gas Distribution by a Steering Committee of Cities; and WHEREAS, the City has determined that the Company's rates within the City should be changed and that the Company's application should be granted, in part, and denied, in part. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec, 1. THAT On March 1, 2002, TXU Gas Distribution, a division of TXU Gas Company ("Company") filed with the Governing Body of this municipality a Statement of Intent to Change Residential, Commercial and Industrial Rates charged to consumers within this municipality. Also filed was the Tariff for Gas Service in the North Texas Metroplex Distribution System ("Tariff for Gas Service") and the supporting Cost of Service Schedules ("Schedules"). Sec. 2. THAT the existing rates and charges of TXU Gas Distribution are hereby found, after reasonable notice and hearing, to be unreasonable and shall be changed as hereinafter ordered, The changed rates resulting from this Ordinance are hereby determined to be just and reasonable rates to be observed and in force within the City. Sec. 3, Sec. 4, Sec. 5. Sec. 6. Sec. 7, Sec. 8. Sec, 9. Sec, 10. Ordinance 0-02-1380 Page 2 of 5 THAT the Company has agreed to modify the rates proposed in its Statement of Intent and the modified rates are reflected in the revised Tariff for Gas Service attached hereto as Exhibit "A", THAT the maximum general service rates for sales and transportation of natural gas rendered to residential, commercial and industrial consumers within the city limits of Colleyville, Texas by TXU Gas Distribution, a division of TXU Gas Company, a Texas corporation, its successors and assigns, are hereby fixed and approved as set forth in the revised Tariff for Gas Service attached hereto as Exhibit "A". The rates reflected in the attached Rate Schedules entitled Residential Service, Commercial Service, Industrial Sales, Industrial Transportation and Industrial Sales & Transportation are found to be reasonable. Nothing contained herein shall limit the right of industrial and transportation customers with competitive options to negotiate rates with the Company that differ from approved tariffs. THAT all electric generation customers are included as Industrial Transportation customers under the applicable transportation rate schedule. THAT the Rate Adjustment and Surcharge Provisions set forth in the revised Tariff for Gas Service attached hereto as Exhibit "A" and entitled Gas Cost Adjustment, and Tax Adjustment, are approved. THAT the Company shall have the right to collect such reasonable charges as are necessary to conduct its business and to carry out its reasonable rules and regulations. Such miscellaneous service charges are identified in Rate Schedules 9001 through 9008 of the attached revised Tariff for Gas Service. THAT Cities' rate case expenses are found to be reasonable and shall be reimbursed by the Company. The Company is authorized to recover the rate case expenses reimbursed to Cities and the Company's rate case expenses, up to the amount agreed to, through a per Mcf surcharge as set forth in the Rider entitled Surcharges in the attached revised Tariff for Gas Service. THAT the aforesaid rate schedules and riders herein approved shall be effective for bills rendered on or after February 1 , 2003. THAT the rates set forth in this Ordinance may be changed and amended by either the City or Company in any other manner provided by law. Service hereunder is subject to the orders of regulatory bodies having jurisdiction, and to the Company's Rules and Regulations currently on file with the City. Sec, 11. Sec. 12. Sec. 13. Sec. 14. Sec, 15, Sec. 16. Ordinance 0-02-1380 Page 3 of 5 THAT unless otherwise noted herein, other than TXU Gas Distribution (a named party), no person or entity has been admitted as a party to this rate proceeding. THAT it is hereby found and determined that said meeting at which this ordinance was passed was open to the public, as required by Texas law, and that advance public notice of the time, place and purpose of said meeting was given. THAT this Ordinance shall be served on TXU Gas Distribution by U.S. Mail to the Company's authorized representative, Autry Warren, Rates Manager, TXU Business Services, 1601 Bryan Street, Dallas, Texas 75201-3411. THAT nothing contained in this Ordinance shall be construed now or hereafter in limiting or modifying, in any manner, the right and power of the City under law to regulate the rates and charges of TXU Gas Distribution. THAT all ordinances, resolutions, or parts thereof, in conflict with this Ordinance are repealed to the extent of such conflict. Examples of such ordinances or resolutions that are deemed repealed are all ordinances or resolutions concerning Military Rates-N, Cost of Service Adjustments, Plant Investment Cost Adjustments, and Weather Normalization Adjustments. To the extent Public Authority Rates, Commercial Contract Rates or Military Rates-N are in effect in the city those rates are specifically repealed as they are now a part of the Commercial rates and are calculated in accordance with the revenue requirement for Commercial customers. THAT the rate schedules included in the Tariff for Gas Service supercede and replace all other tariffed services provided by TXU Gas Distribution except as expressly contained within the Tariff for Gas Service. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002, day of The second reading and public hearing being conducted on the 2002. day of ATTEST: Cynthia Singleton, TRMC City Secretary APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Ordinance 0-02-1380 Page 4 of 5 CITY OF COLLEYVILLE: Donna Arp Mayor TARIFF FOR GAS SERVICE IN THE NORTH TEXAS METROPLEX DISTRIBUTION SYSTEM TXU GAS DISTRIBUTION EXHIBIT A TO ORDINANCE NO. 0 - 02 - , 3 8 D Tariff for Gas Service - NT Metro System - Appeal Cities TXU Gas Distribution RATE SCHEDULE: Index of Rates No. 4630 APPLICABLE TO: See List of Applicable Cities Below REVISION: 0 DATE: PAGE: 1 of 2 INDEX OF RATES & LIST OF APPLICABLE CITIES RATES: 4631 Residential Service 4632 Commercial Service 4641 - 4643 Industrial Sales 4644 Industrial Transportation 4651 Industrial Sales and Transportation RATE ADJUSTMENT PROVISIONS: 8041 Gas Cost Adjustment 8042 Tax & Franchise Fee Adjustment 8043 Surcharges MISCELLANEOUS SERVICE CHARGES: 9001 Connection Charge 9002 Read for Change Charge 9003 Returned Check Charges 9004 Delinquent Notification Charge 9005 Main Line Extension Rate 9006 Excess Flow Valve Charge 9007 Certain Stand-by Gas Generators 9008 Temporary Discontinuance of Service Tariff for Gas Service - NT Metro System - Appeal Cities TXU Gas Distribution RATE SCHEDULE: Index of Rates No. 4630 APPLICABLE TO: See List of Applicable Cities Below REVISION: 0 DATE: PAGE: 2 of 2 LIST OF APPLICABLE CITIES: North Texas Metroplex Distribution System (NT Metro System) Appeal Cities Addison Allen Argyle Arlington Balch Springs Bedford Blue Ridge Carrollton Colleyville Coppell Corinth Corral City Dalworthington Gardens Denton DeSoto Double Oak Duncanville Euless Fairview Farmers Branch Flower Mound Frisco Garland Glenn Heights Grapevine Hickory Creek Highland Village Hurst Hutchins Irving Justin Keller Lewisville Lincoln Park Little Elm Mansfield McKinney Murphy Northlake Pantego Piano Princeton Richardson Rowlett Sachse Seagoville South lake The Colony Trophy Club Westlake Wylie Tariff for Gas Service - NT Metro System - Appeal Cities TXU Gas Distribution RATE SCHEDULE: Residential Service No. 4631 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 1 OF 1 RESIDENTIAL SERVICE Monthly Rate: Subject to applicable adjustments, the following rates are the maximum applicable to residential consumers per meter per month or for any part of a month for which gas service is available at the SamE! location. Customer Charge (Minimum Bill) All Consumption $ @ 8.0000 0.8848 Per Mef If the service period is less than 28 days in a month the customer charge is $.2857 times the number 01' days service, If the consumption contains a portion of an Met, a prorata portion of the per Met charge will be made. Bills are due and payable when rendered and must be paid within fifteen days from monthly billing date. OTHER APPLICABLE RATE SCHEDULES Rate Adjustment Provisions: 8041 Gas Cost Adjustment 8042 Tax & Franchise Fee Adjustment 8043 Surcharges Miscellaneous/Service Charges: 9001 Connection Charge 9002 Read for Change Charge 9003 Returned Check Charges 9004 Delinquent Notification Charge 9005 Main Line Extension Rate 9006 Excess Flow Valve Charge 9007 Certain Stand-By Gas Generators 9008 Temporary Discontinuance of Service Charge Tariff for Gas Service - NT Metro System - Appeal Cities TXU Gas Distribution RATE SCHEDULE: Commercial Service No, 4632 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 1 OF 1 COMMERCIAL SERVICE Monthly Rate: Customer Charge (Minimum Bill) $ 14.0000 First 30 Met @ Next 320 Mcf @ Over 350 Mcf @ 0.9978 Per Met 0.8928 Per Mcf 0.8214 Per Met If the service period is less than 28 days in a month the customer charge is $.5000 times the number 01' days service. If the consumption contains a portion of an Met, a prorata portion of the per Met charge will be made. Bills are due and payable when rendered and must be paid within fifteen days from monthly billing date. OTHER APPLICABLE RATE SCHEDULES Rate Adjustment Provisions: 8041 Gas Cost Adjustment 8042 Tax & Franchise Fee Adjustment 8043 Surcharges Miscellaneous/Service Charges: 9001 Connection Charge 9002 Read tor Change Charge 9003 Returned Check Charges 9004 Delinquent Notification Charge 9005 Main Line Extension Rate 9006 Excess Flow Valve Charge 9007 Certain Stand-By Gas Generators 9008 Temporary Discontinuance ot Service Charge Tariff for Gas Service - NT Metro System - Appeal Cities TXU Gas Distributiorl RATE SCHEDULE: Industrial Sales Nos. 4641 thru 4643 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 1 OF 2 INDUSTRIAL SALES Monthly Rates: The following rate schedules are hereby amended or superseded as follows: Rate Schedule Nos, 48-N Industrial Rates-N -Texas (Amended) 3291 Industrial Rates-NNEMETRO - Northeast Metro (Amended) 4111-4113 Industrial Sales - Corinth / Lincoln Park (Superseded) 4121-4123 Industrial Sales - Northwest Metro / Mid Cities Distribution System (Superseded) 4211-4213 Industrial Sales - East Region Distribution System (Superseded) Subject to Company's limitations on the availability of each rate, Customer shall receive service under its choice of one of the following rates in accordance with the rate selected by Customer as provided in thEl contract: RATE 4641 First 125 Mcf or less $ 325.00 All over 125 Met @ $ 1.940 per Met RATE 4642 First 600 Mcf or less $ 800.00 All over 600 Mcf @ $ 1.769 per Mcf RATE 4643 First 1,250 Mcf or less $ 1,450.00 All over 1 ,250 Mcf @ $ 1.592 per Mef In all other respects, the above listed amended rate schedules remain in effect as filed with the Cities listed in Rate Schedule No. 4630. 100% of the increase in industrial margin is to accrue to the benefit of TXU Gas Distribution. The above listed rates are closed to new customers as of the effective date of this rate schedule. Current customers taking service pursuant to this rate schedule will no longer be eligible for this seNice upon contract termination. Current customers may convert their existing contract to new Rate Schedule No. 4651. When the final contract subject to this rate expires or is terminated, this rate schedule will bEi cancelled. Tariff for Gas Service. NT Metro System. Appeal Cities TXU Gas Distribution RATE SCHEDULE: Industrial Sales Nos. 4641 thru 4643 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 2 OF 2 APPLICABLE RATE SCHEDULES: Rate Adjustment Provisions: 8042 Tax & Franchise Fee Adjustment 8043 Surcharges Tariff for Gas Service - NT Metro System - Appeal Cities TXU Gas Distribution RATE SCHEDULE: Industrial Transportation No. 4644 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 1 OF 1 INDUSTRIAL TRANSPORTATION Monthly Rates: The fee for industrial transportation service is $ 0.915 per MMSTU delivered plus applicable taxes exclusive of the backup fee. The above transportation fees include both the fees incurred to move the gas from the receipt point on the transmission system to the city gate and the fee incurred to move the gas from the city gate to the customer's facility. If the fees for transportation service on the transmission system change, the above fee will be adjusted to reflect the overall transportation rate charged to customers. For Industrial Transportation customers, the quantity of transportation gas received into the Company's distribution system for the customer's account will be reduced by the Company's current lost and unaccounted-for-gas percentage as reflected in the volume factor on Rate Schedule No. 8041. 100% of the increase in transportation fees incurred to move the gas from the city gate to the customer's facility is to accrue to the benefit of TXU Gas Distribution. This rate schedule is closed to new customers as of the effective date of this rate schedule, Current customers taking service pursuant to this rate schedule will no longer be eligible for this service upon contract termination. Current customers may convert their existing contract to new Rate Schedule No. 4651. When the final contract subject to this rate schedule expires or is terminated, Rate Schedule No. 4644 will be cancelled. APPLICABLE RATE SCHEDULES: Rate Adjustment Provisions: 8042 Tax & Franchise Fee Adjustment 8043 Surcharges Tariff for Gas Service - NT Metro System - Appeal Cities TXU Gas Distribution RATE SCHEDULE: Industrial Sales & Transportation No. 4651 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 1 OF 2 INDUSTRIAL SALES AND TRANSPORTATION Monthly Rates: RATE 4651- S (SALES) Customer Charge (Minimum Bill) $200.00 per meter Btu transported per month Rate/MMBtu First 1 ,500 MMBtu $0.5043 Next 3,500 MMBtu $0.4617 I Next 45,000 MMBtu $0,3667 Over 50,000 MMBtu $0.1404 RATE 4651-T (TRANSPORTATION) Customer Charge (Minimum Bill) $200.00 per meter Btu transported per month Rate/MMBtu First 1,500 MMBtu $0.5043 Next 3,500 MMBtu $0.4617 Next 45,000 MMBtu $0,3667 Over 50,000 MMBtu $0.1404 Availabi Iity: Availability is subject to Texas Utilities Code (TUC) Section 104.003(b). In the absence of TUC Section 104.003(b) rates, the rates shown in this rate schedule are available to industrial customers. Rate 4651-5; (Sales) is not available to electric generation customers. Adjustment for Gas Cost: Each industrial customer receiving sales service under this rate schedule shall pay the Company's cost of gas plus applicable transportation, storage, and other costs incurred to acquire the gas and move it to the! city gate on a per MMBtu basis. The above gas cost will be adjusted by multiplying it by the volume factor referenced in Rate Schedule No, 8041. Retention: For Industrial Transportation customers, the quantity of transportation gas received into the Company's distribution system for the customer's account will be reduced by the Company's current lost and unaccounted-for-gas percentage as reflected in the volume factor on Rate Schedule No. 8041. Tariff for Gas Service - NT Metro System - Appeal Cities TXU Gas Distribution RATE SCHEDULE: Industrial Sales & Transportation No. 4651 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 2 OF 2 APPLICABLE RATE SCHEDULES: Rate Adjustment Provisions: 8042 Tax & Franchise Fee Adjustment 8043 Surcharges Tariff for Gas Service - NT Metro System. Appeal Cities TXU Gas Distribution RATE SCHEDULE: Gas Cost Adjustment No. 8041 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 1 OF 1 GAS COST ADJUSTMENT Each monthly bill shall be adjusted for gas cost as follows: (1) The city gate rate applicable to current billing month sales shall be calculated to the nearest $0.0001 per Mcf based upon: (a) A volume factor of 1,0273 determined in establishing the above rate for the distribution system as the ratio of adjusted purchased volumes divided by adjusted sales volumes. Said factor shall be adjusted annually following determination of the actual lost and unaccounted for gas percentage based upon year ended June 30. (b) The city gate rate applicable to volumes purchased during the current calendar month, expressed to the nearest $0,0001 per Mcf (shown below as "CGRn) In summary, the gas cost adjustment (GCA) shall be determined to the nearest $0.0001 per Met as follows: GCA = 1,0273 x CGR Tariff for Gas Service - NT Metro System - Appeal Cities TXU Gas Distribution RATE SCHEDULE: Tax & Franchise Fee Adlustment No. 8042 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 1 OF 1 TAX & FRANCHISE FEE ADJUSTMENT For customers inside the city limits of an incorporated city, each monthly billing, as adjusted. shall be adjusted for municipal franchise fees (street and alley rental assessments) and the state gross receipts taxes imposed by Sections 182.021 - 182.025 of the Texas Tax Code. Municipal franchise fees are determined by each city's franchise ordinance, Each city's franchise ordinance will specify the percentage and applicability of franchise fees. Each monthly bill. as adjusted, shall also be adjusted by an amount equivalent to the proportionate part of any new tax, or any tax increase or decrease, or any increase or decrease of any other governmental imposition, rental fee, or charge (except state, county, city and special district ad valorem taxes and taxes on net income) levied, assessed or imposed subsequent to September 30,2001, upon or allocated to the Company's distribution operations, by any new or amended law, ordinance or contract. Municipal franchise fees (street and alley rental assessments) and the state gross receipts taxes imposed by Sections 182.021 - 182.025 of the Texas Tax Code shall continue to be collected pursuant to individual industrial contracts, Tariff for Gas Service. NT Metro System. Appeal Cities TXU Gas Distribution RIDER: Surcharaes No. 8043 APPLICABLE TO: REVISION: 0 DATE: EFFECTIVE DATE: PAGE: 1 OF 1 SURCHARGES Rate Case Expense Surcharge: Rate case expenses will be recovered through a surcharge designed for a twelve-month nominal recovery period. The surcharge per Mcf will be calculated by dividing the rate case expense to be recovered by the adjusted annual sales volume to residential, commercial, Industrial Sales, and Industrial Transportation customers. Other Surcharges: TXU Gas Distribution will recover other surcharges as authorized by the relevant municipality, the Railroad Commission of Texas or the Texas Utilities Code. Tariff for Gas Service-NT Metro System - Appeal Cities TXU Gas Distribution RATE SCHEDULE: Miscellaneous Service Charges Nos. 9001 thru 9008 APPLICABLE TO: As Referenced REVISION: 0 EFFECTIVE DATE: As Referenced PAGE: 1 OF 2 MISCELLANEOUS SERVICE CHARGES: 9001 Connection Charge (Residential & Commercial) The following connection charges apply: Schedule Charae Business Hours After Hours $ 35.00 52.50 For each reconnection of gas service where service has been discontinued at the same premises for any reason, for the initial inauguration of service, and for each inauguration of service when the billable party has changed, with the following exceptions: (a) For a builder who uses gas temporarily during construction or for display purposes. (b) Whenever gas service has been temporarily interrupted because of system outage or service work done by Company; or (c) For any reason deemed necessary for company operations. 9002 Read For Change Charge (Residential & Commercial) A read for change charge of $12,00 is made when it is necessary for a company employee to readi the meter at a currently served location because of a change in the billable party. 9003 Returned Check Charges (Residential & Commercial) A returned check handling charge of $16.25 is made for each check returned to the Company for any reason. 9004 Delinquent Notification Charge (Residential & Commercial) A charge of $4.75 shall be made for each trip by a Company employee to a customer's residence or place of business when there is an amount owed to the Company that is past due. This charge shall not be made when the trip is required for safety investigations or when gas service has been temporarily interrupted because of system outage or service work done by Company. 9005 Main Line Extension Rate (Residential & Commercial) The charge for extending mains beyond the limit established by Franchise for residential, and commercial customers shall be based on the actual cost per foot of the extension. Tariff for Gas Service-NT Metro System - Appeal Cities TXU Gas Distribution RATE SCHEDULE: Miscellaneous Service Charaes Nos. 9001 thru 9008 APPLICABLE TO: As Referenced REVISION: 0 EFFECTIVE DATE: As Referenced PAGE: 2 OF 2 9006 Charge for Installing and Maintaining an Excess Flow Valve (Residential) A customer may request the installation of an excess flow valve on a new service line or on a service line being replaced provided that the service line will serve a single residence and operate continuously throughout the year at a pressure of not less than 10 psig, The customer will pay the actual cost incurred to install the excess flow valve. That cost will include the cost of the excess flow valve, the labor cost required to install the excess flow valve, and other associated costs. The estimated total cost to install an excess flow valve is $50.00. This cost is based on installing the excess flow valve at the same time a service line is installed or replaced. The excess flow valve will be installed on the service line upstream of the customer's meter and as near as practical to the main. A customer requiring maintenance, repair, or replacement of an excess flow valve will be required to pay the actual cost of locating and repairing or replacing the excess flow valve. The cost to perform this service will normally range from $200,00 to $2,000,00, depending on the amount of work required. This cost will be determined on an individual project basis, This tariff is being filed in accordance with the U.S. Department of Transportation rule requiring the installation of an excess flow valve, if requested by a customer, on new or replaced service lines that operate continuously throughout the year at a pressure of not less than 10 psig and that serve a single residence, The rule further states that the customer will bear all costs of installing and maintaining the excess flow valve. 9007 Recovery of Connection Costs Associated with Certain Stand-By Gas Generators (Commercial) Commercial customers installing stand.by gas generators to provide service in the event of an interruption in electric service in facilities where gas service is not otherwise provided will reimburse TXU Gas Distribution for the actual cost of acquiring and installing the regulator, service line, and meter required to provide gas service for the stand. by generators. Gas service provided for the stand-by generators will be billed at the applicable commercial rate. 9008 Charge for Temporary Discontinuance of Service (Residential & Commercial) Whenever service under this rate schedule has been temporarily disconnected at the request of the customer, a charge of $47.00 for residential and $73.75 for commercial plus the appropriate Connection Charge will be made to reestablish such service for that customer at the same address. CITY COUNCIL ccenC6 AGENDA BRIEFING tL'X~:$ MEETING DATE: ITEM#: RESOLUTION # : 12/03/02 10 R-02-2066 CITY MANAGER [ DEPARTMENT HEAD I FINANCE REVIEW I Previous Action: None DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval of a Settlement Agreement with TXU Electric and TXU Gas relating to claims arising out of electric and gas franchise fee calculations prior to January 1, 2002 Reading and Public Hearing On August 7, 2002, TXU delivered the terms of a settlement agreement to the City of Colleyville as well as all cities served by TXU Electric and Gas. The agreement is based on a lawsuit filed by the City of Denton and thirty-six (36) other cities against TXU, which involved claims arising out of electric and gas franchise fee payments. BACKGROUND In June 2000, the City of Denton filed suit against TXU relating to the payment of delinquent electric and gas franchise fees. The City of Denton alleged that TXU Electric and TXU Gas excluded certain classes of revenues from calculations used to derive the franchise fees owed to cities for the rental and use of their public streets, easements, and public properties (franchise fees). Denton contacted cities in Texas served by TXU and inquired about participating in the case. In all, thirty-six (36) cities joined; however, the City of Colleyville did not join the litigation, ANAL YSIS SETTLEMENT AGREEMENT Generally, the terms of the settlement agreement (Exhibit A) include a total cash payment of $66,142,95 in exchange for a release of claims related to any franchise fee calculations prior to January 1, 2002. Upon acceptance of the settlement, the City may approve ordinances that amend the electric and gas franchise agreements in the future to include additional categories of revenue in the franchise fee calculation from and after January 1, 2002. Staff anticipates Council review of amendments to the electric and gas franchise agreements at the December 17 Council meeting. Agenda Briefing Resolution R-02-2066 Page 2 ELECTRIC The terms of the electric portion of the settlement agreement include a payment of $15,919.44. The settlement provides that the City may amend the current franchise fee ordinance in the future to add the 4% franchise fee to discretionary services charges. As a part of the settlement, the City agrees that Oncor has the right to collect the fee from the customer and the customer will bear 100% of the franchise fee (pass-through cost). Finally, the City agrees that in the event the City intervenes in any regulatory proceeding or subsequent appeal, the City must take an affirmative position in support of the 100% recovery of the franchise fee from the ratepayer. In summary, the City can approve the settlement agreement to receive the $15,919.44, and, at the discretion of the City, amend the current franchise ordinance to have items DD1 through DD24 subject to the franchise fee base in the future, The impact of approving the electric portion of the settlement agreement is as follows. Table 1: Impact to a Typical Colleyville Electric Bill Impact to electric bill Approval of settlement portion None NOTE NATURAL GAS The terms of the gas section of the settlement agreement include a payment of $50,223.51. The settlement provides that the City may amend the current franchise fee ordinance in the future to add the 4% franchise fee to governmental users, miscellaneous fees, contributions in aid of construction, bad debt expense, transportation revenues, and third-party gas sales. In addition, the City agrees that TXU Gas has the right to collect the fee from the customer and the customer will bear 100% of the franchise fee (pass-through cost). Finally, the City agrees that in the event the City intervenes in any regulatory proceeding or subsequent appeal, the City must take an affirmative position in support of the 100% recovery of the franchise fee from the ratepayer. The impact of approving the gas portion of the settlement agreement is illustrated in Table 2. Table 2: Impact to a Typical Colleyville Gas Bill Impact to typical gas bill Residential (6 Mef) Commercial (30 Mef) I Approval of settlement portion $0.17 $0,76 Agenda Briefing Resolution R-02-2066 Page 3 The surcharge will be applied to residential, commercial, and industrial customer classes; however, the City does not have any industrial users. The surcharge will be amortized to customers' bills over a three-year period. In exchange for the payments, the City agrees that it will release all claims related to the payment or calculation of franchise fees to the City on or before December 31, 2001. The release is not intended to discharge any other claims that may accrue in the future. Clarence A. West, a public utilities attorney from Austin, has reviewed the proposed agreement and did not suggest any changes or modifications. Financial Impact The City will receive a payment from TXU Electric and TXU Gas in the amount of $66,142,95, Recommendation Approval Attachments · Correspondence - Oncor Distribution Division · Resolution R-02-2066 ~R Rick Vauohn Area Manage' August 7, 2002 Oncor Distribution Division 200 N, Ector Euless, TX 76039 Mr. Bill Lindley City Manager City of Colleyville 5400 Bransford Rd. Colleyville, Texas 76034 Tel 8173557001 Fax 817 355 7090 rvaughn 1@oncorgroup.com Dear Bill: As you may be aware, in JWle 2000, the City of Denton fIled a lawsuit against TXU Electric which included claims arising out of electric and gas franchise agreements. Specifically, the suit involved a dispute regarding the calculation and amoWlt of franchise fees paid by TXU Electric and TXU Gas. Thirty-six cities joined the City of Denton in this lawsuit. This lawsuit has recently been settled by agreement. It is the intent of Oncor (successor to TXU Electric) and TXU Gas to offer the terms of the settlement agreement to all cities served by the companies. The purpose of this communication is to convey information and docwnents needed to execute the settlement agreement if you choose to accept the offer. The enclosed "Compromise, Settlement and Release Agreement" describes the terms of the settlement agreement. Generally, the terms include a cash payment in exchange for a release from any claims related to any franchise fee calculations prior to January 1, 2002, as well as ordinances which amend the electric and gas franchise agreements to include additional categories of revenue in the franchise fee calculation from and after January 1, 2002. The additional categories of revenue referenced in the electric franchise amendment are Discretionary Service Charges, which can be fOWld in Oncor's Tarifffor Retail Delivery Service. The gas franchise amendment provides that, at the election of the City, the franchise fee will increase to a maximwn of 4.00% of the applicable franchise fee payment base and, also at the election of the City, the franchise fee payment base be amended to include certain categories of revenue which are not currently subject to a franchise fee Wlder most of TXU Gas' existing franchises. TXU Gas requests that the City review the proposed franchise amendment carefully to ensure that it reflects the wishes of the City in this matter since, in the past, many cities have made a specific decision to exclude certain customer classes from local franchise fees. Oncor and TXU Gas respectfully requests approval of the agreement. Sincerely, ILL- Rick Vaughn Area Manager Enclosures RESOLUTION R-02-2066 APPROVAL OF A SETTLEMENT AGREEMENT WITH TXU ELECTRIC AND TXU GAS RELATING TO CLAIMS ARISING OUT OF ELECTRIC AND GAS FRANCHISE FEE CALCULATIONS PRIOR TO JANUARY 1, 2002 WHEREAS, thirty-seven cities filed a suit in the 134th Judicial District Court of Dallas County, Texas styled City of Denton, Texas et al. vs. TXU Electric Company et al. which included claims arising out of the calculation and amount of franchise fees paid by TXU Electric and TXU Gas; and WHEREAS, the Litigation was resolved by agreement and TXU Electric and TXU Gas have agreed to offer the City of Colleyville, Texas, as well as all cities served by the company, the same benefits offered to the Plaintiffs in the Litigation; and WHEREAS, TXU Electric (Oncor) will pay the City a sum of money in the amount of $15,919.44; and WHEREAS, TXU Gas will pay the City a sum of money in the amount of $50,223,51; and WHEREAS, the City acknowledges that TXU Gas has the right to and shall recover the sum of $50,223.51 from its ratepayers through a surcharge to the monthly bills rendered to its ratepayers; and WHEREAS, the City has agreed to accept the offer by TXU Electric and TXU Gas in order to fully and finally resolve all disputes and claims arising out of the calculation and payment of franchise fees to the City prior to and through December 31 , 2001. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1, THAT the City Council of the City of Colleyville, Texas, approves the Compromise, Settlement, and Release Agreement, hereby attached as Exhibit "A". AS IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS AND 2002. ATTEST: Resolution R-02-2066 Page 2 of 2 ABSTENTIONS ON CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor "Exhibit A" COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT This Compromise, Settlement, and Release Agreement (the "Agreement") is made and entered into as of the date set forth below by and between the City of Colleyville (the "City") and TXU Electric Company nlk/a TXU US Holdings Company ("TXU Electric") and TXU Gas Company ("TXU Gas"): WHEREAS, thirty seven cities filed a suit in the 134th Judicial District Court of Dallas County, Texas, in Cause No. 00-9383, styled City of Denton. Texas et ai, VS. TXU Electric Company, et at. (the "Litigation") which included claims arising out of the electric and gas franchise ordinances similar in some respects to the franchise ordinances entered into by and between the City and TXU Electric and TXU Gas and, specifically, the Litigation involved a dispute with regard to the calculation and amount of franchise fees paid by TXU Electric and TXU Gas; WHEREAS, the Litigation was resolved by agreement and TXU Electric and TXU Gas have agreed to offer the City the same benefits offered to the Plaintiffs in the Litigation and the City has agreed to accept the offer by TXU Electric and TXU Gas and to release any claims related to the payment of franchise fees prior to and through December 31,2001 ; NOW, THEREFORE, in order to fully and finally resolve all disputes and claims arising out of the calculation and payment of franchise fees to the City by TXU Electric and TXU Gas prior to and through December 31, 2001, for the mutual promises and covenants set forth in this Agreement, the adequacy and sufficiency of which consideration is acknowledged the City and TXU Electric and TXU Gas agree as follows: 1. AMENDMENTS TO THE ELECTRIC FRANCHISE ORDINANCE As the result of electric industry restructuring, the electric franchise formerly held by TXU Electric has been assigned to Oncor Electric Delivery Company ("Oncor"), accordingly, COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT - Pal!:e I effective January 1,2002, the City agrees to enter into and TXU Electric agrees to cause On cor to accept an amendment to the current electric franchise ordinance substantially in the form of the amendment attached as Exhibit A which amendment shall, at the election of the City, provide that the Discretionary Services Charges identified in Section 6.1.2 of the Tariff for Retail Delivery applicable to Oncor which are directly paid by the customer and which are those charges identified as items DOl through and inclusive of 0024 in said tariff, shall be subject to an additional franchise fee based on 4% of such charges which additional franchise fee shall be paid to the City pursuant to the terms of the amendment attached as Exhibit A. The City acknowledges that Oncor may file with the Texas Public Utility Commission and/or the City a tariff amendment in compliance with the terms of this agreement, which will provide that Oncor shall have the right to collect from the customer the franchise fee on such Discretionary Service Charges such that the customer shall bear 100% of the franchise fee on such Discretionary Service Charges. The City acknowledges that Oncor is an intended third-party beneficiary of this agreement and agrees to cooperate with Oncor in order for Oncor to pass through to customers the entire franchise fee on such Discretionary Service Charges by taking the following actions: (i) to the extent the City acts as regulatory authority, by adopting and approving that portion of any tariff in compliance with the terms of this Agreement which provides for 100% recovery of such franchise fees; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of the franchise fees on such Discretionary Service Charges is an issue, the City will take an affirmative position supporting the 100% recovery of such franchise fees by Oncor and; (iii) in the event of an appeal of any such regulatory proceeding in which the City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by Oncor. The City further agrees not to take any action to prevent the recovery of the franchise fees COMPROMISE, SElTLEMENT AND RELEASE AGREEMENT - Pa2e 2 on such Discretionary Service Charges by Oncor and to take other action which may be reasonably requested by Oncor to provide for the 100% recovery of such franchise fees by Oncor. 2. AMENDMENTS TO THE GAS FRANCHISE ORDINANCE Effective January 1, 2002, the City agrees to enact and TXU Gas agrees to accept an amendment to the current gas franchise ordinance substantially in the form of the amendment attached as Exhibit B to provide that, at the election ofthe City, the franchise fee will increase to a maximum of 4.00% of the applicable franchise fee payment base and, at the election of the City, the franchise fee payment base shall be amended to include miscellaneous fees, contributions in aid of construction, bad debt expense, transportation revenues and third-party gas sales and gross receipts fees as well as a favored nations clause with respect to franchise fee payments and franchise fee calculations, substantially in the form of the provisions in Exhibit B. The City acknowledges that TXU Gas has the right to recover from its ratepayers such additional franchise fee payments to the City and the City agrees to cooperate with TXU Gas in order for TXU Gas to pass through to its ratepayers the entire franchise fee payment, as amended, by taking the following actions: (i) as regulatory authority, by adopting and approving the ordinance, rates or tariff which provide for 100% recovery of such franchise fees as part of TXU Gas' rates; (ii) in the event the City intervenes in any regulatory proceeding before a federal or state agency in which the recovery of TXU Gas' franchise fees is an issue, the City will take an affirmative position supporting 100% recovery of such franchise fees by TXU Gas and; (iii) in the event of an appeal of any such regulatory proceeding in which a City has intervened, the City will take an affirmative position in any such appeals in support of the 100% recovery of such franchise fees by TXU Gas. The City further agrees not to take any action to prevent the recovery of such franchise fees by TXU Gas and to take other COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT - Paee 3 action which may be reasonably requested by TXU Gas to provide for the 100% recovery of such franchise fees from TXU Gas' ratepayers. 3. PAYMENTS TO THE CITY Upon execution and delivery of a fully executed and notarized original of this Agreement: A. TXU Gas agrees to pay to the City the sum of $50,223.51. The City acknowledges that TXU Gas has the right to and shall recover this amount from its ratepayers pursuant to the tax adjustment clause applicable to TXU Gas, by applying a surcharge to the monthly bills rendered to its ratepayers, provided that the recovery of such surcharge shall be limited as follows: (1) the surcharge shall be amortized over a period not less than three years, and (2) the accrual balance will not be subject to interest. TXU Gas agrees that the franchise fee paid to the City and recovered from ratepayers under this Agreement will not include any amounts collected in the past from ratepayers. B. TXU Electric agrees to pay, or cause Oncor to pay the City, the sum of$15,919.44. 4. RELEASE OF TXU ELECTRIC, TXU GAS AND THEIR AFFILIATES BY THE CITY Except for claims arising out of a breach of this Agreement, the City of Colleyville, on behalf of itself and its successors and assigns and any and all persons, entities or municipalities claiming by, through or under them, hereby RELEASES, DISCHARGES AND ACQUITS, forever and for all purposes, TXU Electric Company (now known as TXU US Holdings Company), its successor Oncor Electric Delivery Company, TXU Gas Company, including its division TXU Gas Distribution, TXU Corp, and each of their respective agents, employees, officers, directors, shareholders, partners, insurers, attorneys, legal representatives, successors and assigns as well as COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Paee 4 their affiliated corporations, including TXU Business Services Company and TXU Energy Company LLC and its subsidiaries, from and against any and all liability which they now have, have had or may have, and all past, present and future actions, causes of action, claims, demands, damages, costs, expenses, compensation, losses and attorneys' fees of any kind or nature whatsoever, or however described, whether known or unknown, fixed or contingent, in law or in equity, whether asserted or unasserted, whether in tort or contract, whether now existing or accruing in the future arising out of or related to the payment, calculation or rendition of franchise fees to the City on or before December 31, 2001 and all claims which could be asserted against TXU Electric and/or TXU Gas in litigation in any way related to the payment, calculation or rendition of franchise fees by TXU Electric and/or TXU Gas on or before December 31,2001. This release is intended to only release claims related to the payment, calculation or rendition of franchise fees by TXU Electric and TXU Gas on or before December 31, 2001 and is not intended to release any other claim or cause of action that any party to this Agreement has, known or unknown, or which accrues in the future. 5. WARRANTY AS TO OWNERSHIP OF CLAIMS AND AUTHORITY A. The City warrants and represents that it is the owner of the claims being compromised, settled, discharged and released pursuant to this Agreement and each further warrants and represents that it has not previously assigned all or any part of such claims to another entity or person. The City warrants and represents that there are no liens of any nature, assignments or subrogation interests in or to the money paid to the City under the terms of this Agreement. The City warrants that it will take all action necessary to properly execute and' deliver this agreement. COMPROMISE. SElTLEMENT AND RELEASE AGREEMENT - Pal!e 5 B. TXU Electric and TXU Gas warrant that the person(s) executing this Agreement on their behalf has authority to bind the entity for whom such person signs this Agreement. 6. NO ADMISSION OF LIABILITY This Agreement is made to compromise, terminate and to constitute an accord and satisfaction of all of the claims released by this Agreement and TXU Electric and TXU Gas admit no liability, fault or wrongdoing of any nature or kind whatsoever and expressly deny and disclaim any liability, fault or wrongdoing alleged or which could have been alleged with regard to the claims asserted in the Litigation if the City had become a party to the Litigation or any similar claims which might be asserted by the City against TXU Electric and/or TXU Gas. 7. RECOVERY OF DAMAGES DUE TO BREACH In the event of breach by any party of the terms and conditions ofthis Agreement, a non- breaching party shall be entitled to recover all expenses as a result of such breach, including, but not limited to, reasonable attorneys' fees and costs. MISCELLANEOUS PROVISIONS 8. It is understood and agreed that all agreements and understandings by and between the parties to this Agreement with respect to the payment of franchise fees and the settlement of any claims related to the payment of franchise fees are expressly embodied in this Agreement and that this Agreement supersedes any and all prior agreements, arrangements or understandings between the parties relating to the claims released pursuant to this Agreement or any matters related thereto executed by the parties. 9. The parties acknowledge and agree that the terms of this Agreement are all contractual and not mere recitals. COMPROMISE, SETTLEMENT AND RELEASE AGREEMENT - Paee 6 10. The parties acknowledge that they have read this Agreement, understand its terms, and that this Agreement is entered into voluntarily, without duress, and with full knowledge of its legal significance. 11. This Agreement may not be modified in any manner, nor may any rights provided for herein be waived, except by an instrument in writing signed by each party. 12. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective successors and assigns. 13. Should any term or any provision of this Agreement be declared invalid by a court of competent jurisdiction, the parties agree that all other terms of this Agreement are binding and have full force and effect as if the invalid portion had not been included. 14. The parties represent and warrant that no party has been induced to enter this Agreement by a statement, action or representation of any kind or character made by the persons or entities released under this Agreement or any person or persons representing them, other than those expressly made in this Agreement. 15. It is understood and agreed that this Agreement may be executed in a number of identical counterparts, each of which shall be deemed an original for all purposes. 16. The headings contained herein are for convenience and reference only and are agreed, in no way, to define, describe, extend or limit the scope or intent of this Agreement or its provisions. 17. This Agreement shall be construed in accordance with the laws of the State of Texas. IN WITNESS WHEREOF, this Agreement has been executed by the parties as of the date set forth, COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Pal!e 7 THE CITY OF COLLEYVILLE, TEXAS By: Its: Date: TXU ELECTRIC COMPANY nlkla TXU US HOLDINGS COMPANY By: Its: Date: TXU GAS COMPANY By: Its: Date: STATE OF TEXAS COUNTY OF by This instrument was acknowledged before me on the _ day of , as on behalf of the City of 2002, Notary Public, State of Texas COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Paee 8 STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the _ day of _ 2002, by , ofTXU Electric Company nlk/a TXU US Holdings Company, on behalf of said corporation, Notary Public, State of Texas STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the _ day of _ 2002, by , ofTXU Gas Company, on behalf of said corporation. Notary Public, State of Texas COMPROMISE. SETTLEMENT AND RELEASE AGREEMENT - Pal!e 9 CITY COUNCIL <n@rn", AGENDA BRIEFING 1(....."$ MEETING DATE: 12/03/02 ITEM #: j 11 RESOLUTION #: R-02-2067 CITY MANAGER i DEPARTMENT HEAD [ FINANCE REVIEW ! N/A Previous Action: None DEPARTMENT: CITY COUNCIL SUBJECT: Consideration of appointment to the Metroport Teen Court Advisory Board Reading and Public Hearing On October 1, 1996, the Cities of Colleyville, Southlake and Grapevine; Town of Trophy Club; the Carroll Independent School District; and the Grapevine-Colleyville Independent School District entered into an Interlocal Agreement for the purpose of supporting a volunteer program which allows juvenile misdemeanor offenders an alternative to the criminal justice center, The Agreement provides for a Teen Court Advisory Board, appointed by the respective governing body, and comprised of two (2) members from ~a~ participating entity. The Board oversees and evaluates teen court, solicits communit~;:)ervice avenues and participates in the committee fundraising efforts. Two positions on the Metroport Teen Court Advisory Board, whose terms expired September 2002, were advertised. One application was received and on October 15, 2002, the City Council appointed Ms. Linda Eilenfeldt to the Board. One position remained open and was advertised and applications accepted through November 15, 2002. There are two (2) applicants, whose names are listed below and their applications are attached. · Frank Whitmire · Deanne Ayers Recommendation Approval Attachments · Metroport Teen Court Advisory Board roster · Applications for Appointment · Resolution R-02-2067 2002-2003 ADVISORY BOARD Members City I Entitv Linda Eilenfeldt 2801 Cottonwood Colleyville, TX 76034 Work Phone: 817-416-5112 Home Phone: 817-571-3682 Cell Phone: 817-909-1052 Colleyville Debbie Armstrong 3006 Doublecreek Drive Grapevine, TX 76051 Kim Early 3046 Creekbend Circle Grapevine, TX 76051 Keith Shankland 1704 Pecos Drive South lake, TX 76092 HOME: 817-481-3606 CELL: 817-366-6648 Grapevine HOME: 817-251-2337 EMAIL: EARLY@COOLLlNK.NET CELL: 817-475-6510 HOME: 817-421-6756 Grapevine South lake Denise Burkhart 2705 North Quail Run Southlake, TX 76092 HOME: 817-481-2732 CELL: 817-247-3852 PAGER: 214-963-1832 South lake Sandy Sobocinski 903 Wentwood Drive Southlake, TX 76092 HOME: 817-410-8014 WORK: 817-949-5800 EMAIL: GSOBOCINSK@AOL.COM Carroll ISD Committee Members FundraisinQ (Scholarships and Volunteer Incentives) Kim Early Debbie Armstrong Darlene Freed Public Relations (School Contacts) Public Relations (Media Attention) Proiects/Events (Day) Sandy Sobocinski Darlene Freed Debbie Armstrong Keith Shankland Sandy Sobocinski Kim Early Denise Burkhart MUNICIPAL JUDGES Jim Ames 460 W. Harwood Rd. Hurst, TX 76054 WORK: 817-280-0811 Co II eyville COURT: 817-577-7575 EMAIL: J.AMES@LEACHAMESMNDHM.COM Terry Leach 460 W. Harwood Rd. Hurst, TX 76054 WORK: 817-280-0811 Co II eyville COURT: 817-577-7575 EMAIL: TLEACH@LEACHAMESMNDHM.COM David A. Florence P.O. Box 2413 Grapevine, TX 76099 COURT: 817-410-3282 Grapevine Carol Montgomery 1903 Cobbs Grapevine, TX 76051 HOME: 817-266-5291 Southlake COURT: 817-481-5746 EMAIL: CMONTGOMERY@CITYOFSOUTHLAKE.COM Andrew Wambsgnass 801 Chase TX Towers FT. Worth, TX 76102 COUNCIL MEMBER L1ASONS Darlene Freed 3417 Lookout Ct. Grapevine, TX 76051 Joe Hocutt 7703 Tillman Hill Rd. Colleyville, TX 76034 COURT PERSONNEL Amber Cartwright, Metroport Teen Court 1400 Main St., Suite 440 Southlake, TX 76092 WORK: 817-338-4888 South lake EMAIL: AWAMBSGNASS@CITYOFSOUTHLAKE.COM WORK: 817-481-9977 FAX: 817-488-2988 PAGER: 817-651-6604 CELL: 817-480-6434 EMAIL: DFREED@CI.GRAPEVINE.TX.US HOME: 817-577-2151 EMAIL: JHOCUTT@ALATEX.COM WORK: 817-481-1897 FAX: 817-481-1945 EMAIL: acartwright@ci.southlake.tx.us Grapevine Colleyville oMs. o Mrs. ~ Mr. Name: . CitY or RETARY'S OFFICE 1v'/lrf(Jlr,,(E FblA.lK (Last) (First) Address: 230 0 tJ4~ I<.lVoLL (!l!iu;< / Home Telephone: g 17 - 2 g :? - 80.5 8 L. (MI) Work Telephone: ~c,=-/7 ~c:---D Email Address: DWFlA..ljJ/lWS- f?)PI?-J!I-/V&'TFax: &(7-54S--4f64 Board, Commission or Committee Appointment Desired: /!:?=~ CcfJu;:2i 4D(/(J&,~ &/l~ Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) 815-4 ):)C-?(/C-~ t/Tr;. tiS /f/;e! Fd~('F f/t!7C'/1r1N I 3' 0 VEYJr2-S nc---r2-Vt-- /PLfLF 0 AQ-rt. - COLLc-rrt//LLE >~72Y~ A J ct?{/~-r-- ;~1-L-./Fr- /if,~ 4cLt:--r-f//L /E pUI?L /74-Yb.< - C(JLLEYI//LLF., ?;/t? Clfl-r~-ntJtL) 2t:~ / ; TL:ifriC ~/tFc-ff CtP/lr;J7 y /I? EY7le'c-;t' tJr tfJ ~I 6'( tf/A-c (1/ Tf' t7t1-14-erL Q9/lf . Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) R/J/JR) .3 CI'fILiJ&,u I" tJ/{1// 7?/ I!t:-Z,P ~46R~{'* M/71 (i/7'/ t1tJ{,/;VCIL t:::7fd/aULE;_ (1641/17r ~ :I' /2J"1~L) n;:h6E711C"c :j L1-tJ E71/RLt!6-/nallT f (}tft/Lr .J?:(J?~(c;tJCF 61t/~ /lle- /l~J ;d/c7lJ5/{~ b~K r;r&u,up H-L 71/1) d/41IlJlY11 " Do you understand that attendance and active support is required for each appointee? -X yes ? _no Date: / / -- 2 - <0 Z-- Signature: Once the City Council has filJed a position, your application will be removed from the file and you must reapply for future openings. This infonnation will become a Public Record. City Secretary P.O. Box 185, Colleyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555 llCfJ f5)~ ~ [E ~ \W ~fn\ ln1 NOV 1 1 2002 lW city Of Texas CITY SECRETARY'S OFFICE Application for Appointment Name: Ayers (Last) Deanne C. (First) (MI) 4808 Meanderina Way. Collevville. Texas 76034 Address: Home Telephone: (817) 267-1630 (817) 267-9009 Work Telephone: Email Address: dayers@ayersfirm.com Fax: (817) 318-0663 Board, Commission or Committee Appointment Desired: Metrooort Teen Court Advisory Board. Qualifications: (list educational background or experience that would assist you in carrying out the duties of this appointment) Ouachita Baptist University. B.A. in Political SCience with focus on criminal iustice. Baylor University School of Law. J.D. Practicing attorney since 1988 with emphasis on civil litigation. Extensive experience in mediation. arbitration and other forms of dispute resolution. I have also acted as attorney ad litem and guardian ad litem for minors involved in legal actions as well as prosecuting attorney. Reasons for Serving: (state briefly the contributions you can make to this appointment and your reasons for wanting to serve on the Board, Commission, or Committee) My experience in dispute resolution as well as the legal system aenerally offers a perspective for this Board which I believe can be of assistance. I also have business experience in operating small businesses and management which will assist in the operations aspect of the teen court program. Do you underst appointee? that attendance and active support is required for each yes no Signature: Date: II~I/-O 7- RESOLUTION R-02-2067 A RESOLUTION APPOINTING A MEMBER TO THE METROPORT TEEN COURT ADVISORY BOARD WHEREAS, the Metroport Teen Court Advisory Board has one vacancy, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec, 1. THAT the City Council hereby appoints the following person to the Metroport Teen Court Advisory Board to serve until September 2003: AND IT IS SO RESOLVED. APPROVED THIS DAY OF _ AYES, NAYS AND ABSTENTIONS, 2002, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL Cd Y r)f /?\) ~ ~~~D'13 AGENDA BRIEFING "'l'X~~ MEETING DATE: 12/03/02 ITEM # : 12 RESOLUTION # :' R-02-2068 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW , Previous Action: None DEPARTMENT: CITY MANAGER SUBJECT: Approval of funding allocation for the design, construction and installation of the Colleyville City Hall and Public Library sculpture, in the amount of $51,800 Reading and Public Hearing On September 3, 2002, the City Council approved Change Order 2 for the City Hall and Library, in the amount of $170,959. Change Order 2 provided for modifications for walkway pavers, emergency lighting, tree grates, ADA compliance, library stairway, technical services, area window shades, light fixture selections, library intrusion detection system, plumbing and elevator revisions, library roof revisions, stone window headers, fountain finish-out and thermoplastic parking lot striping. On September 3, 2002, the City Council also approved Change Order 3 for the City Hall and Library, in the amount of $425,213. This Change Order included additional monies for the finish-out of the library, including carpet, mechanical and duct work, HV AC boxes and diffusers, ceiling, paint lights and toilets, the addition of a library drive-through structure, addition of CCTV cameras and security mirrors for the library. Change Order 3 also included additional days and general conditions related to the changes in the scope of the project. Although Change Order 2 included fountain finish-out, it did not include the design and construction of the City Hall and Public Library sculpture for the loggia. Since September 2002, the City has received donations and pledges toward the design and construction of the Colleyville City Hall and Public Library Art sculpture. The estimated total cost for the design, construction and installation of this sculpture is $140,000. As per discussions with Brinkley Sargent Architects and Mike Kendall Landscaping, the City Hall and Library sculpture will need to be authorized for design and construction in January 2003, to ensure delivery by the projected opening date of October 2003, Agenda Briefing Resolution R-02-2068 Page 2 of 2 As per the attached, the City has received a total of $56,100, as of November 24, 2002, and anticipates receipt of an additional $32,100 committed for payment by December 31, 2002, for a total of $88,200. On the basis that the City Hall and Library sculpture will need to be authorized by January 2003, additional monies in the amount of $51,800 will need to be allocated to provide for the sculpture. The attached payment schedule reflects the anticipated receipt of the $51,800, The monies pledged, to date, in the amount of $144,200, exceed the cost of the design and construction of the City Hall and Public Library sculpture. The remaining funds of $4,200 will be used for the purchase of a contributor's plaque for individuals and businesses donating $3,000 or more, Any funds remaining after the purchase of the contributor's plaque will be donated to the Colleyville Public Library for additional enhancements. Financial Impact The remaining construction fund balance is $233,649. The funding sources for the design and construction of the City Hall and Public Library sculpture, in the amount of $51,800, are the construction fund balance or the general fund balance. The balance of the remaining construction fund, including the City Hall and Public Library sculpture is $181,849. Upon receipt, donation monies may be allocated to the construction fund. Recommendation Approval Attachments . City Hall and Library Sculpture Donations . 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Qi (j) - Ul ell .... ~ ""0 0 OJ OJ 32 ~ 0 u E ell ~ ~ e ""0 .!!l Cij E ~ OJ .C E ell E u cu e u Q) ro (j) 0 co E .0 t:: e ro x Ul 1ii Qi x ..c ::J e - - ell ell 0 u: w OJ OJ ell 0 0 ell .C a.. ::J ~ 0 co Q) Q) 0 ell co e 0 OJ .- 0 z co U I a... f- ...., f- co U co ...., (( ...J f- (j) (( (( I f- ...., ~ ~ ::> u ~ ~ .... ~ a.. <0 C') t-- C\I o o C\I lO C\I -- ~ ~ RESOLUTION R-02-2068 A RESOLUTION APPROVING OF FUNDING ALLOCATION FOR THE DESIGN, CONSTRUCTION AND INSTALLATION OF THE COLLEYVILLE CITY HALL AND PUBLIC LIBRARY SCULPTURE WHEREAS, funding for the design, construction and installation of the City Hall and Public Library sculpture is being provided by private donations and pledges; and WHEREAS, the City Council desires to proceed with the design, construction and installation of the City Hall and Public Library sculpture; and NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1, THAT the funding allocation for the design, construction and installation of the Colleyville City Hall and Library sculpture, in the amount of $51,800 from the construction fund contingency, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS, AND 2002. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL cc6@ AGENDA BRIEFING Tc:e;:'l$ , FINANCE REVIEW I MEETING DATE: ITEM # : RESOLUTION # : 12/03/02 13 R-02-2069 CITY MANAGER : DEPARTMENT HEAD I Previous Action: None DEPARTMENT : ENGINEERING SUBJECT: Approval of the construction contract with Carter Construction Company for the Grapevine-Colleyville Independent School District (GCISD) ballfield improvements, in the amount of $65,000 Reading and Public Hearing City staff has been working with the Grapevine-Colleyville Independent School District (GCISD) and the Colleyville Baseball Association (CBA) and Girl's Softball Associations (CGSA) for the past several months in an effort to upgrade several practice fields within the City. The four fields currently designated for upgrading are located at Colleyville Elementary School (1), Colleyville Middle School (1), and a.c. Taylor Elementary School (2). Each field improvement will consist of the removal and replacement of the existing infield grasses. Some miscellaneous gradework and hydro mulching will also occur in the disturbed areas. City staff has met with both the Grapevine-Colleyville Independent School District (GCISD) and the associations to review the design and specifications. Sealed bids were received on November 13, 2002, for the construction of the ballfield improvements. Two bids were submitted, with Carter Construction Company, Inc., submitting the low bid, in the amount of $48,948.95. City staff will include bid alternates one and two (sodding in lieu of hydro mulch) and also a 15% construction contingency fund, for a total construction amount of $65,000. The City Attorney has reviewed and approved this contract. Financial Impact Funding is available from the Voluntary Park Fund in the amount of $40,000, Colleyville Girl's Softball Association in the amount of $10,000 and Colleyville Baseball Association in the amount of $15,000. Recommendation Approval Agenda Briefing Resolution R-02-2069 Page 2 Attachments . Bid Tab . Financial Status of Voluntary Park Fund . Resolution R-02-2069 2002 BALLFIELD IMPROVEMENTS Bid Tab - November 13, 2002 - '){)Watauru:: :':',:::):':':::::,:::::ii':::::::::::::::)):::::':i """""""""",,,",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,"""""""""""""", """"""""""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,""""""""""" I~ijf.t.. 1@$lgl\1".llll'~11.! Ill'.I.I~I'I:.. 1 Carter Construction Com an 2 Sprinkle 'N Sprout y y $48,948.95 $ $49,556.00 $ 2,524.50 2,618.00 $5,049.00 $5,236.00 FINANCIAL STATUS OF VOLUNTARY PARK FUND AT 10-31-2002 FUND BALANCE AT 9-30-2003: FY 2003 REVENUE Donations: PROJECTED ACTUAL October $10,326 $10,326 November $9,850 $0 December $9,875 $0 January $9,875 $0 February $9,900 $0 March $9,900 $0 April $9,925 $0 May $9,925 $0 June $9,950 $0 July $9,950 $0 August $10,000 $0 September $10,000 $0 City Park Sign Revenue $350 $0 Total Donations $119,826 $10,326 Interest income Received $7,000 $0 TOTAL $126,826 $10,326 $432,891 FY 2002 EXPENDITURES UNENCUMBERED FUND BALANCE AT 10-31-2002 (COUNCIL APPROVED) RECOMMENDED APPROVED EXPENDED (BOARD) (COUNCIL) ------- ------- ------- ------- ------- ------- $41,236 $41,236 $0 $19,123 $19,123 $0 $46,325 $46,325 $0 $50,000 $50,000 $0 ------- ------- ------- ------- ------- ------- $156,684 $156,684 $0 $286,533 COTTON BEL T PHASE II LOCAL MATCH && SPARGER PARK TRAIL GRANT LOCAL MATCH@@ COTTON BEL T TRAIL PHASE III -- GCISD PRACTICE AREA IMPROVEMENTS## TOTAL PROJECTED FUND BALANCE AT 9-30-2003 $403,033 EXPENDITURE KEY: && FY 2002 PROJECT/APPROVED OCT 99 @@ FY 2002 PROJECT/APPROVED MAY 2000 -- FY 2002 PROJECT/APPROVED JUNE 2001 ## FY 2002 PROJECT/APPROVED JULY 2002 RESOLUTION R-02-2069 A RESOLUTION APPROVING A CONSTRUCTION CONTRACT WITH CARTER CONSTRUCTION COMPANY, INC., FOR THE GRAPEVINE-COLLEYVILLE INDEPENDENT SCHOOL DISTRICT (GCISD) BALLFIELD IMPROVEMENTS WHEREAS, the City of Colleyville has been working with the Colleyville Baseball Association (CBA) and Colleyville Girl's Softball Association (CGSA) and GCISD to make improvements to four ballfield practice sites at Colleyville Middle School, Colleyville Elementary and O.C. Taylor Elementary School; and WHEREAS, the City of Colleyville desires to approve the contract for the improvements to these ballfield practice sites. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the construction contract with Carter Construction Company, Inc., for the GCISD ballfield improvements, in the amount of $65,000, is hereby approved. AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS AND ABSTENTIONS ON 2002. ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL ell)" Of cc~n", AGENDA BRIEFING -'-('.>;;:1 S MEETING DATE: ITEM # : RESOLUTION # : 12103/02 14 R-02-2070 CITY MANAGER DEPARTMENT HEAD ':\~ FINANCE REVIEW' N.A. Previous Action: 11/19/02 DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: Approval of the Final Plat of Westcliff Addition, 57.112 acres located on the north of side of McDonwell School Road, west of Fire Station No.3, Case P-02-042 Update The City Council denied the final plat without prejudice at the November 19, 2002, meeting. Additional information was requested on the ownership of Broadland Limited Partnership as it relates to the trail agreement for this project, which is a separate tabled item on this agenda. Reading and Public Hearing The David Bagwell Company has submitted a Final Plat on a 57-acre parcel of land located on the north side of McDonwell School Road, east of Remington Parkway. The plat will create 103 single-family residential lots and 11 open space lots and will be the first phase of this single family development. The following is a summary of the major items associated with this Final Plat. Zoning. This property is zoned PUD-R, approved by Ordinance 0-99-1153 on April 20, 1999. The overall density of the development is 1.77 dwelling units per acre. The smallest lot is 13,500 square feet in area, with an average lot size of 15,302 square feet. While the average lot size for this phase is less than the required 16,000 square feet, the PUD-R ordinance for this property requires that the average lot size be taken over both phases of the development. When the second phase of the development, Old Grove, is included, the lot sizes are sufficient to bring the average to the required 16,000 square feet. Open Space. The PUD-R ordinance for this property requires that 20% of the total development be designated as open space. The 11 open space lots comprise 12.03 acres, or 21.1 % of the development. The homeowners association is responsible for the maintenance of the private open space areas and the associated detention ponds. Emergency Access. There is one primary entrance to the subdivision from McDonwel1 School Road on Newkirk Lane. A secondary emergency access is proposed at the south end of Wildbriar Lane. This secondary access enables this subdivision to meet the requirement to provide two entrances to this phase of the development. Agenda Briefing Resolution R-02-2070 Page 2 of 2 Colleyville Pathways Plan. This property is subject to the provIsIons of the Colleyville Pathways Plan, which requires a 10-foot wide hike and bike trail to be constructed through this property. The developer will construct the trail on the east side of Newkirk Lane from the north boundary of the church property to approximately the mid-point of the west property line of McPherson Park with this phase of the subdivision. The developer's engineer and surveyor have addressed all Development Review Committee comments related to this final plat. 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I Ogt 0 i ~I,i hm ~d ~I, ~.~ ~ia CITY OF COLLEYVILLE COMMUNITY DEVELOPMENT DEPARTMENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO October 16, 2002 David Bagwell ~ Eddie Eckart ~ Justin Stratton 214-368-7740 ~ 817-446-3116 ~ 817-545-8989 Clayton Husband, AICP, Community Development Manager , FAX NO FROM SUBJECT P-02-042 Final Plat - Westcliff The Colleyville Development Review Committee (DRC) has reviewed your Final Plat request submitted to this office on September 25, 2002, The following comments are for your consideration. GENERAL INFORMATION The review of this plat and related engineering plans was based on Ordinance No. 0-99-1153, adopted by the City Council on April 20, 1999, on the PUD-R regulations contained in the Land Development Code, and on the Preliminary Plat approved by Resolution R-02-1903. ENGINEERING CONSTRUCTION PLANS The engineering construction plans are under review by the Engineering Department, Fire Department and Public Works Department. Comments on the paving, drainage and utility plans are being coordinated with the developer's engineer. Questions concerning the engineering construction plans should be directed to Chris Steubing, P.E" at 817-577-7587. OTHER INFORMATION 1. HIKE AND BIKE TRAIL. A separate letter was sent to the developer on October 15, 2002, regarding the issues surrounding the hike and bike trails for this property. The letter contains specific information and proposals regarding portions of the trail within Westcliff Phase I, Westcliff Phase II, and Old Grove. It is requested that the developer respond in writing to the letter as the response will be included in the briefings to the Planning and Zoning Commission and City Council for the WestcliffPhase I and Phase II plats. 2. SIDEWALKS. The Land Development Code requires sidewalks along all streets. All sidewalks must be a minimum of 4-feet in width and constructed in the area between the curb line and the adjacent property line. The sidewalks must be constructed when new structures are built on the lot. P.O. Box 185-Colleyville, Texas 76034-817.577.7587 DEVELOPMENT REVIEW COMMITTEE P"()2"()42 WESTCLIFF 3. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is issued for a new structure on the lot. The Engineering Department will provide a formal assessment of impact fees to the Building Inspection Department upon submittal for a building pennit. The fees listed below are intended to provide general information on the fees that could be assessed. ROADWAY $1,589 per dwelling unit for SINGLE FAMn.Y RESIDENTIAL uses. The actual fee depends on specific use of the property. Details are available in Chapter 13 of the Land Development Code. $2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. $200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is installed. WATER SEWER 4. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are required for this property since McDonwell School Road is considered an unimproved street and the plat contains more than one residential lot. The developer is required to construct one- half of the street or provide an equivalent amount of cash escrow for future improvement by the City. The response letter should indicate the developer's intention of construction or escrow regarding this roadway. 5. PARKLAND DEDICATION FEES. Parkland dedication fees are assessed at the time of approval of the final plat. The fee for single-family residential uses is $1,802 per lot. An assessment of parkland dedication fees will be provided to the Engineering Department, and all fees must be paid at the time of final acceptance of the subdivision. PUBLIC HEARING SCHEDULE Planning & Zoning Commission: City Council: Monday, October 28,2002, 7:00 p.m. Tuesday, November 19, 2002, 7:30 p.m. RESUBMITIAL REQUIREMENTS A marked-up print is available for pickup in the Community Development Department offices. Once you have completed the changes to the drawing, please submit the following to our offices: · 15 folded copies ofthe revised Final Plat drawing · one 81'2" xlI" reduced copy of the revised exhibit · a written letter addressing each comment stating the comment has been addressed or offering reasons why the requirement should be modified or waived The above requested items must be submitted no later than noon on Wednesday, August 7,2002 in order to make the scheduled hearings. The item will not be scheduled for the Planning & Zoning Commission meeting until all items are submitted. Please contact me at 817-577-7587 or husbandc@ci.colleyville.tx.us if you have any questions. PAGE20F3 DEVELOPMENT REVIEW COMMITTEE P-D2-D42 WESTCLlFF C: ENGINEERING DEPT FIRE DEPARTMENT BUILDING INSPECTION PUBUC WORKS ECONOMIC DEVELOPMENT CITY MANAGER'S OFFICE PAGE30F3 GOODWIN~ M ARSHALL~ CIVIL ENGINEERS - PLANNERS - SURVEYORS October 21,2002 Mr. Clayton Husband, AICP Development Coordinator City of Colleyville 5400 Bransford Road Colleyville, TX 76034 RE: Westcliff Addition - Final Plat P-02-042 Dear Mr. Husband: In response to the City of Colleyville's review comments concerning the above referenced project, we offer the following changes and explanations for the Final Plat. For ease of reference, the following are organized in the same order as your letter dated October 16th, 2002. ENGINEERING CONSTRUCTION PLANS 1. The engineering comments have been received and revised construction plans have been re-submitted to the City. A revised trail section will be provided according to the pending resolution between the City and the Developer. OTHER INFORMATION 1. Please refer to the Developer's letter for this comment. 2. We are aware of the sidewalk policy and will follow the guidelines established in Ordinance No. 0-99-1153 as to the construction of sidewalks. 3, We are aware that impact fees are due at the time of the building permit and the Westcliffhomebuilders or ourselves will be paying the appropriate amounts. 4, Weare aware of the perimeter street improvements and would like to construct the required improvements on McDonwell School Road that our development would be required to build. Based on the previously escrowed monies that should have been (or soon will be) obtained by the City of Colleyville for the surrounding developments (i.e, Clairemont, Westmont, Remington Park, The Latter Day Saints Church, and Raman Chandler's development, etc.), we would like to use that money in conjunction with our required monies to construct improvements beyond the limits of our boundary. If the City does not consider this a desirable solution, we would be willing to escrow the monies required by this development for the McDonwell School Road improvements. 600 I BRIDGE STREET. SUITE 100 I FORT WORTH, TEXAS 76112 I 817-429-4373 (METRO) I 817-446-3116 (FAX) Mr, Clayton Husband October 21,2002 Page 2 of2 5. We are aware of the parkland dedication fee and will be paying the appropriate fees prior to acceptance of the subdivision. Clayton, I appreciate the staff's time and consideration of this project, and if you have any questions or need any additional information, please feel free to call me. Along with this letter, I have included the required 15 copies of the revised final plat and an 8 !Iz x 11 copy of the plat. Sincerely, GO~rs~ Edward W. Eckart, ~~ EWE/jc cc: David Bagwell DA V[]D BAGWELL CO~[PANY October 23, 2002 Clayton Husband, AICP Development Coordinator City of Colleyville P.O. Box 185 Colleyville,1)( 76034 Dear Clayton, I am providing information in response to your October 16 Westcliff Final Plat DRC comments letter that were not addressed by Eddie Eckart, P.E. in sepa- rate correspondence. The following paragraph titles and sub-paragraph num- bers track yours. OTHER INFORMATION 1. HIKE AND BIKE TRAIL. The October 17, 2002 letter of the City Manager to me, amended in 112. to provide that the developer of Westcliff Phase I will build Segment B, is acceptable. 4. PERIMETER STREET IMPROVEMENTS. We propose to build the portion of McDonwell School Road that we are obligated to build and also build addi- tional sections of the road using funds escrowed by Clairmont, Remington Park, the LOS Church, Westcliff Phase II, and Raman Chandler's new devel- opment, plus road impact fees paid by builders in those developments and in Westmont. If this is not possible, we will escrow with the City a reasonable sum to satisfy the obligation imposed by the Land Development Code on Westcliff for perimeter road construction. If there is anything further that we need to address so that our zoning applica- tion may ~e considered Monday night, please let me and Eddie know. ~m!) ~t.~~1I cc: Eddie Eckart, P.E. COMMU:.IIlY DEVELOPMENT 8222 DOUGlAS A VI' SUITE 605 DALLAS, TEXA,S 75225 214 368-7711 METRO 817 ')40-5500 FAX 214 368-7740 PLANNING AND ZONING COMMISSION MINUTES October 28, 2002 Case P-02-042 - final Plat of Westcliff Addition, 57.112 acres located on the north side of McDonwell School Road, west of fire Station NO.3 Clayton Husband presented the case to the Commission and reviewed the staff briefing. He displayed a slide of the aerial view of the property. He told the commissioners that the developer, David Bagwell, has reached an agreement with the City and has agreed to construct the hike and bike trail. Commissioner Jones said this is the third time they have considered a final plat for this property and he asked staff if they are in support of this plat. Barry LeBaron recapped the previous action taken by the Commission and said that the denial was due to the applicant's unwillingness to construct the trail. He said Mr. Bagwell has entered into an agreement with the City and the Developer Agreement will go to City Council at the same meeting that City Council considers this final plat. He said staff is comfortable with the recommendation of approval. Eddie Eckert, Goodwin & Marshall, Inc., was present to represent the case. Commissioner Culley commented and thanked Mr. Eckert for his demeanor and willingness to work with the commissioners throughout this process. Commissioner Culley moved to approve the final plat of the Westcliff Addition. Commissioner Swift seconded the motion. The vote being: Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall Noes: None Commissioner Sellers told the commissioners that he was recused from considering the case. RESOLUTION R-02-2070 A RESOLUTION APPROVING THE FINAL PLAT OF WESTCLlFF ADDITION NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the final plat of Westcliff Addition is hereby approved. AND IT IS SO RESOLVED. NAYS AND 2002. ABSTENTIONS ON PASSED BY A VOTE OF THIS THE DAY OF AYES, ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Don na Arp Mayor CITY COUNCIL Cd)" Of ~ CQ~~lil'13 T(...'\:~~ AGENDA BRIEFING FINANCE REVIEW MEETING DATE: I ITEM # : RESOLUTION # : 12/03/02 15 R-02-2071 CITY MANAGER . DEPARTMENT HEAD Previous Action: None DEP ARTM ENT : PUBLIC WORKS SUBJECT: Approval of purchasing a truck-mounted high- pressure sewer cleaner through the Texas Local Government Statewide Purchasing Cooperative (BuyBoard), in the amount of $81,000 Reading and Public Hearing The FY2002-03 Utility Fund Budget provides funding, in the amount of $85,000, for replacement of one (1) 1973 truck-mounted sewer cleaner and one (1) 1989 trailer-mounted sewer cleaner. This equipment purchase will assist the department to increase the footage of sewer lines cleaned on an annual basis. This equipment will be purchased from STM Equipment through the Texas Local Government Statewide Purchasing Cooperative. (BuyBoard). (See attached). Financial Impact Funds are available in the Utility Fund, Operating Equipment, line item account 002-61-6645. Recommendation Approval Attachments . STM Equipment Quote . Resolution R-02-2071 STM EQUIPMENT, INC. P.o. Box 5626 · Arlington, Texas 76005 · Tel 817/649-5900 · Fax 817/633-7239 Purchase of Sewer Cleaning Unit via the Texas Local Government Statewide Purchasing Cooperative 1. Purchase Order for Chassis would be made out to: Lawrence Marshall Dealerships/via buyboard Attn: John Hudgins PO Box 11541 Austin, TX 78711 512-236-1395 (Voice) 512-236-8663 (Fax) 1 Ford F550 Diesel $ 29,752.00 2. Purchase Order for Sewer Cleaning Body would be made out to: STM Equipment, Inc.lvia buyboard Attn: Gary Renfro PO Box 5626 Arlington, TX 76005 817-649-5900 (Voice) 817-633-7239 (Fax) 1 Harben Sewer Cleaning Unit $ 50,648.00 3. The Texas Local Government Statewide Purchasing Cooperative known known as the buyboard will bill you for the following: Annual Membership Fee Chassis Flat Fee $ 200.00 $ 400.00 --- ----- Grand Total for Sewer Cleaning Machine $ 81,000.00 You would send the original Purchase Order to the buyboard and fax a copy to Lawrence Marshall Dealerships and to STM Equipment. We will then build the Chassis, Build and Mount the Sewer Cleaning Body, Deliver to the City ofColleyville, Train, and Invoice the City. If you have any questions please call me at 817-649-5900. "Setting the industry standard in equipment, parts and service. " RESOLUTION R-02-2071 APPROVAL TO PURCHASE A TRUCK-MOUNTED HIGH-PRESSURE SEWER CLEANER THROUGH THE TEXAS LOCAL GOVERNMENT PURCHASING COOPERATIVE WHEREAS, the City of Colleyville desires to purchase a truck-mounted sewer cleaner from STM Equipment Inc., through the Texas Local Government Purchasing Cooperative (BuyBoard); and WHEREAS, the City of Colleyville, has elected to be a Cooperative Member in the Texas Local Government Purchasing Cooperative (hereinafter "Cooperative"), a program created by local governments in accordance with and pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code; and WHEREAS, the City of Colleyville is of the opinion that the purchase of a truck- mounted sewer cleaner will improve the efficiency and level of customer service provided to the residents of Colleyville. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City of Colleyville City Council does hereby authorize the purchase of a truck-mounted sewer cleaner from STM Equipment Inc" through the Texas Local Government Purchasing Cooperative (BuyBoard), in the amount of $81,000. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, ON THIS THE DAY OF NAYS, AND 2002. ABSTENTIONS ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL cilr or cce~ 7L~....,,$ AGENDA BRIEFING MEETING DATE: ITEM#: RESOLUTION # : 12/03/02 16 R-02-2072 CITY MANAGER DEPARTMENT HEAD FINANCE REVIEW Previous Action: None DEPARTMENT: CITY MANAGER SUBJECT : Approval of the submittal of the grant application for trail construction and related improvements for the Texas Department of Transportation's "Safe Routes to School" program Reading and Public Hearing "Safe Routes to School" (SRS) is a construction program administered by the Texas Department of Transportation (TxDOT) to increase the safety of the routes for children to walk or ride to school. The focus is on the typical routes that students use within two miles of the school and may include traffic calming, law enforcement, crossing guards, bike lanes, pedestrian overpasses, sidewalks and many other solutions. Modeled after successful programs in other United States cities and even European cities, this is the first year that the program has been funded in Texas with a funding allocation of $3,000,000 for this year, In recent weeks, staff has been working with the Colleyville Sidewalk Task Force to prepare a grant application for submittal to the Texas Department of Transportation's (TxDOT) "Safe Routes to School" Program. The Sidewalk Task Force has assisted in the involvement of local citizens and/or parents of local school children by working with staff to prepare a survey of the walking, hiking or biking habits of local students and their parents, to secure their input related to improvements needed to provide better, safer routes to school. The Task Force has undertaken this task, and in working with GCISD, has surveyed over 3,000 middle and elementary school students in Colleyville to secure their input related to this program. (See attached.) On November 8, 2002, 850 surveys were distributed to students at Colleyville Middle School, with a return request by November 15, 2002. As of November 18, 2002, a total of 135 surveys had been returned to the office. The Sidewalk Task Force will compile all of the survey responses for all of the participating campuses, which will be included in the grant submittal to the "Safe Routes to School" program. Agenda Briefing Resolution R-02-2072 Page 2 of 2 The preliminary projects identified are: PROJECT NAME Pleasant Run Road West Glade Drive Black Drive Centerpark Drive Colleyville Boulevard DESCRIPTION Connect soccer fields to schools and The Village Connect Bransford Elementary to Mill Creek Connect Bransford Elementary to Mill Creek Connect Colleyville Blvd, to Lakewood Drive Connect Hardage Lane to Colleyville Elementary COST $ 300,000 $ 50,000 $ 50,000 $ 25,000 $ 75,000 $500,000 TOTAL = The total fund request is $500,000. A twenty percent (20%) local share match is required. Funding sources for the local share match ($100,000) will be provided by the Engineering Department's annual budget allocation for sidewalks and related expenditures. Recommendation Approval Attachments · Sample Survey · Resolution R-02-2072 "1J (f Q) fI) CD tP (I) (I) sa. :::T (I) .., fI) 0: (I) z o r+ CD ~ =s- CD o o c 3 :] 3 m .., " CD a. ~ ~ CD C; (J) =s- o ~ a. 5' o C- o. CD 0- ~. o CD (J) (J) 8 o r+ CD .., (J) .., o CD .., 0- m a. CD (J) (J) 7\ m r-+ CD 0- o m .., a. (J) CD r+ ~ -n- ... :;, c.:~ I>> ... '< C , ~ I>> 0 < :;, ID !'! ""'0 'j'- ID ID I>> ~'" C ID c..'" ID C :;, < "ID "',< !.~ '" C IDc.. ../I) '::T:::I ID .. -.'" ... . 'j''' I>> ID :::I ~ c.. 'j' '" ID e: ~ '< I>> o :::I cc.. n ~ I>> I>> =4: O-to S.o ... "-to =r -, /I) < o ID -oc.. ..I>> -.,< o '" :::I' '" -I ==-< ~.. ID 0 c.. _. . :;, :E~ '::T'" ID ID :;, .. ..=r =rl>> ID .. ",'< C 0 < C ID n '< 0 < -. /I) III ... 8 I>> 3c.. -0 I>> ID'< ..'" ID 0 ... -to /l)r+ "=r ~ ID :::I ~ ;:+ID ...ID 0'1' '< -. o' cf ... "'~ n 0 '::T:::I Oc.. 2.1>> 0'< 4:S: -.... n 0 !II c Ie ':T 0 0 0 0 0 I>> I>> I>> I>> ~ ... ... .. .. !~ 1:": :-: I~ :-: :e . i Do .. ;: . Do 0 ~ <' It ~ .. Ii ~ r II a (J) 8- o o ..... ~ ~ ~ r1l ~ o en ~ r-t" ~S- (1)(1) ~a ~-- ~~ (1) ~ ""'-n ~~ r-t"~ 0-- en~ n ~ ~~ o en o s= .....-~ ~(1) 8..---< ~ =l:t:: o ....... CI> t+ C ~ r1l ::s t+ en ~ (ll $I) (') ::r (ll >-t - Safe Routes Texas - Giving school children the right of way in Texas Parent Survey School : Your Child's Grade This survey will be used as a tool to assist the City of Colleyville in applying for federal funds through the Texas Dept of Transportation for improving the routes your children walk or ride to schoo\. The information you provide will help assess the needs in our community. Feedback that pertains to other cities will be forwarded to them. We appreciate your time and interest in ensuring safe routes for the children. Instructions: Please complete one of these forms for each of your school children. When complete return this form to your child's teacher by November 15th. If possible, please use the "Walkability" or "Bikeability" checklists from the www.saferoutestexas.org web site to survey the routes your children would walk or ride to school. 1. What is the approximate distance from your home to the school? l:I 1f.a mile or less l:I between 1 and 2 mile l:I 1f.a to Y2 mile l:I greater than 2 miles l:I Y2 to 1 mile 2. How does your child usually travel to and from school? (Note: include scooters, skateboards, rollerblades, etc. in the bicycle column), T h l' h F h 1. h ft osc 00 In t e morning: rom sc 00 Int ea emoon: Every 2-3 Once a Occasion Every 2-3 Once a Occasion- day days week -allv day days week ally Walk Bike Driven Bus 3. In which neighborhood do you live? List subdivision name or street name if not in a subdivision. 4. If you drive your child, why do you make that choice? Check all that apply, l:I Safety l:I Backpacks too heavy l:I Convenience l:I Carrying projects or musical instruments l:I Drop off on way to work l:I Tardiness l:I Too far to walk l:I Safe place to cross the street l:I Sidewalks (lack or incomplete) l:I Scary people l:I High speed vehicles l:I Lack of safe place to store bikes l:I Child is too young l:I No biking or walking route maps l:I Bad Weather l:I Paths incomplete or not wide enough l:I Child would not obey safety rules l:I Unfriendly dogs l:I Other PLEASE COMPLETE OTHER SIDE OF SURVEY! RESOLUTION R-02-2072 A RESOLUTION APPROVING THE SUBMITTAL OF THE APPLICATION FOR TRAIL CONSTRUCTION AND RELATED IMPROVEMENTS FOR THE TEXAS DEPARTMENT OF TRANSPORTATION'S "SAFE ROUTES TO SCHOOL PROGRAM" WHEREAS, the City Council of the City of Colleyville concurs with efforts to make America's neighborhoods safe places in which to grow, live and work; and WHEREAS, the Texas Department of Transportation offers a "Safe Routes to School" Program, in which a certain amount of state funding is earmarked for trail, signal crossing and other pedestrian-related improvements specifically designed to improve non-motorized travel to and from school. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec, 1. THAT the City Council hereby approves the submittal of the application for trail construction and related improvements for the Texas Department of Transportation's "Safe Routes to School" program. AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF NAYS AND 2002. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor CITY COUNCIL Cd)' Of (Q~n", AGENDA BRIEFING Tl,....:1 ~ MEETING DATE: 12/03/02 CITY MANAGER --"]20_ ITEM # : 17 DEPARTMENT HEAD :r~ ORDINANCE # : 0-02-1337.4 FINANCE REVIEW, N.A. Previous Action: Tabled DEPARTMENT: COMMUNITY DEVELOPMENT SUBJECT: i Approval to amend Ordinance 0-99-1131 PUD-C (Planned Unit Development-Commercial), requested by Richard Myers, Realty Capital Corporation for the Village at Colleyville, Case Z-02-01 0 Tabled 08/20/02 Update The City Council has approved several amendments to the Village at Colleyville ordinance, but tabled action on other portions of the ordinance (0-02-1337.3). Ordinance 0-02-1337.4, which is attached, contains underlined text, which reflects new language to be inserted into the regulations, while strikethrough text is proposed for deletion from the ordinance. The following is a detailed list of the items still outstanding in this ordinance. As some of the proposed changes in the ordinance were grammatical and difficult to notice in the ordinance, the following list includes all sections that have proposed changes. The section numbers noted below correspond with the section numbers in the attached ordinance. Section E. Development Standards 1. Permitted Uses A new section is proposed under Section E (page 4 of the ordinance) that would allow a parking lot or underground parking garage with 14 or fewer spaces as an allowed use. 2. Permitted Uses with a Special Use Permit Sub-section "e." has been revised to require a Special Use Permit for any above ground parking garage containing 15 or more parking spaces. This sub-section further requires that any above ground parking garage, regardless of the number of parking spaces, that fronts on a street in the Neighborhood Central zone will require approval of a Special Use Permit. This language is on Page 5 of the ordinance. Agenda Briefing Ordinance 0-02-1337.4 Page 2 of 16 4. General Lot Criteria The maximum lot coverage currently allowed in the approved PUD-C zoning ordinance is 90% of the lot. The developer is requesting an amendment to increase the lot coverage to 95%, but only within the Neighborhood Center (NC) zone. The NC zone is the major commercial area of the development along each side of Main Street and Village Lane. The Southlake Town Center and the area in downtown Fort Worth are two similar areas that allow as much as 100% lot coverage. The developer is also requesting that the rear building setback line be changed from five (5) feet to four (4) feet in order to coincide with the four-foot wide utility easements shown on the subdivision plat. These two changes are included on Page 6 in the proposed ordinance. 7. Roofinq The changes proposed to this section are grammatical only, This section is on Page 6 of the ordinance. 16. Limitation on Late Niqht Hours of Operation This section of the ordinance is proposed for deletion. This section states "Businesses located within this PUD-C shall close not later than 10:30 p.m. on weekdays and Sundays, and 12:30 a.m. on Fridays and Saturdays." This general restriction does not exist in other portions of the City Code of Ordinances, though there are specific hours of operation for pool halls and the sales of alcoholic beverages. The developer has requested this section be deleted. This section is on Page 6 of the ordinance. 18. Dumpster Screeninq This new section states that all dumpsters located in a perimeter alley must be screened from view with an opaque enclosure or within a building niche. The screening enclosure must be at least 6-feet in height. This section is on Page 8 of the ordinance. Section G. Supplementary Requirements 5. Garaqes/Accessory Buildinqs The changes proposed to this section are grammatical only. This section is on Page 9 of the ordinance. 9. Security Fencinq and Walls The words "as follows" have been struck in the title section as a grammatical change. This language is on Pages 11 and 12 of the ordinance. Agenda Briefing Ordinance 0-02-1337.4 Page 3 of 16 Sub-section "c." includes language to remove the requirement for an 8-foot tall wrought iron fence adjacent to the city hall and library site as this issue is being addressed in the proposed City/Developer Agreement. When this requirement was placed in the zoning ordinance for the Village, there was concern over unrestricted pedestrian traffic between City Park and the Village properties. However, with the future development of the city hall and library adjacent to City Park, a four-foot high wrought iron fence may present a more desirable screening separation than the eight-foot fence. Staff contacted a local fence contractor who specializes in wrought iron fence construction to obtain the differences in construction costs between the two fence heights. The contractor recommended a fence constructed with powder coated galvanized metal instead of wrought iron due to the severe rusting and rotting characteristics of real wrought iron, and offered cost estimates based on the galvanized metal. The two fence cost estimates are as follows: Metal Fence Cost Estimate Fence Type Total Cost Cost/Linear Foot Linear Feet Four-foot Height $ 8,750 $25 350 linear feet Eight-foot Height $ 14,000 $40 350 linear feet Section H. Amenities 5. Street Siqns The changes proposed to this section are grammatical only. This section is on Page 12 of the ordinance. Section I. Parking Requirements 2d. Public Parkinq The two-hour time limit for parallel parking spaces has been deleted. The proposed City/Developer Agreement states that the City and Developer will further refine this portion of the ordinance by September 1, 2003. This section is on Pages 13 and 14 of the ordinance. The text of the previous briefings has been removed from the main portion of the briefing and has been added as an attachment to this briefing. Recommendation Approval Attachments · Ordinance 0-02-1337.4 Agenda Briefing Ordinance 0-02-1337.4 Page 4 of 16 TEXT FROM PREVIOUS BRIEFINGS - ORDINANCE 0-02-1337 Tabled 06/04/02 Update The City Council took action on portions of the proposed amendments to the ordinance that established the zoning regulations on the Village at Colleyville, but tabled action on other portions of the ordinance (0-02-1337.2). The attached Ordinance 0-02-1337.3 includes text that is underlined which reflects new language to be inserted into the regulations, while strikethrough text is proposed for deletion from the ordinance. The following is a detailed list of the items still outstanding in this ordinance. As some of the proposed changes in the ordinance were grammatical and difficult to notice in the ordinance, the following list includes all sections that have proposed changes. The section numbers noted below correspond with the section numbers in the attached ordinance. Section E. Development Standards 1. Permitted Uses The original Village at Colleyville ordinance included beer and wine sales as an allowed use under this section. New language is added under d. Food and Lodging to clarify that beer and wine sales are only allowed for off-premise consumption and may only be sold in a grocery store, specialty wine shop or gourmet food store. Three new sections are proposed under Section E (page 4 of the ordinance). One will allow outdoor seating areas for food, lodging and entertainment uses. The second section will clarify that the Special Use Permit originally authorized in another section for alcoholic beverage sales for on-premise consumption is limited only to restaurant uses. The third section would allow a parking lot or underground parking garage with 14 or fewer spaces as an allowed use. 2. Permitted Uses with a Special Use Permit Sub-section "e." has been revised to require a Special Use Permit for any above ground parking garage containing 15 or more parking spaces. This sub-section further requires that any above ground parking garage, regardless of the number of parking spaces, that fronts on a street in the Neighborhood Central zone will require approval of a Special Use Permit. This language is on Page 5 of the ordinance. Sub-section "f." has been struck as the alcoholic beverage issues have been clarified elsewhere in the new ordinance. This language is on Page 5 of the ordinance. Agenda Briefing Ordinance 0-02-1337.4 Page 5 of 16 4. General Lot Criteria The maximum lot coverage currently allowed in the approved PUD-C zoning ordinance is 90% of the lot. The developer is requesting an amendment to increase the lot coverage to 95%, but only within the Neighborhood Center (NC) zone. The NC zone is the major commercial area of the development along each side of Main Street and Village Lane. The Southlake Town Center and the area in downtown Fort Worth are two similar areas that allow as much as 100% lot coverage. The developer is also requesting that the rear building setback line be changed from five (5) feet to four (4) feet in order to coincide with the four-foot wide utility easements shown on the subdivision plat. These two changes are included on Page 6 in the proposed ordinance. 7. Roofinq The changes proposed to this section are grammatical only. This section is on Page 6 of the ordinance. 17. Special Use Permit Time Limits This new section states that the Special Use Permits for alcoholic beverage sales, authorized elsewhere in the ordinance, are not subject to the one-year time limit requirements provided in the Land Development Code. This section is on Page 7 of the ordinance. 18. Dumpster Screeninq This new section states that all dumpsters located in a perimeter alley must be screened from view with an opaque enclosure or within a building niche. The screening enclosure must be at least 6-feet in height. This section is on Page 8 of the ordinance, Section E1. Encroachments and Use of Public Right-of-Way The remaining item in this section deals with the allowable encroachment of signs. The language would allow a sign encroach to 66% of the width of the adjacent sidewalk. On a 10- foot wide sidewalk, the allowed encroachment would be 6-feet, 7 -inches. All signs would have to provide overhead clearance of 8 feet over a pedestrian area and 14 feet over a vehicular area. This language is on Page 8 of the ordinance. Section G. Supplementary Requirements 5. Garaqes/Accessorv Buildings The changes proposed to this section are grammatical only. This section is on Page 9 of the ordinance. Agenda Briefing Ordinance 0-02-1337.4 Page 6 of 16 6. Advertisinq Siqns Sub-section "g." is a provision to allow Sandwich Board Signs within the limits of the PUD-C. These types signs are generally common along sidewalk areas, provided they are only displayed during hours that the adjacent business is open. The proposed language would allow one sign per business, and limit the size of the sign to 4 feet tall by 3 feet wide. The sign would have to be located not more than 50 feet from the business entrance. This language is on Page 10 of the ordinance. 9. Security Fencinq and Walls The words "as follows" have been struck in the title section as a grammatical change. This language is on Page 11 of the ordinance. Sub-section "c." includes language to not require an 8-foot tall wrought iron fence adjacent to the city hall and library site. When this requirement was placed in the zoning ordinance for the Village, there was concern over unrestricted pedestrian traffic between City Park and the Village properties. However, with the future development of the city hall and library adjacent to City Park, a four-foot high wrought iron fence may present a more desirable screening separation than the eight-foot fence. Staff contacted a local fence contractor who specializes in wrought iron fence construction to obtain the differences in construction costs between the two fence heights. The contractor recommended a fence constructed with powder coated galvanized metal instead of wrought iron due to the severe rusting and rotting characteristics of real wrought iron, and offered cost estimates based on the galvanized metal. The two fence cost estimates are as follows: Metal Fence Cost Estimate Fence Type Total Cost Cost/Linear Foot Linear Feet Four-foot Height $ 8,750 $25 350 linear feet Eight-foot Height $ 14,000 $40 350 linear feet Section H. Amenities 5. Street Siqns The changes proposed to this section are grammatical only, This section is on Page 12 of the ordinance. The text of the previous briefings has been removed from the main portion of the briefing and has been added as an attachment to this briefing. Agenda Briefing Ordinance 0-02-1337.4 Page 7 of 16 Tabled OS/21/02 Update The City Council took action on portions of the proposed amendments to the ordinance that established the zoning regulations on the Village at Colleyville, but tabled action on other portions of the ordinance (0-02-1337.1). The attached Ordinance 0-02-1337.2 includes text that is underlined, which reflects new language to be inserted into the regulations, while strikethrough text is proposed for deletion from the ordinance. The following is a summary of the items still outstanding in this ordinance, 1. Alcoholic Beverages - The original ordinance that established the zoning for The Village at Colleyville allowed the sale of alcoholic beverages for off-premises consumption, but required approval of a Special Use Permit, as referenced in the Colleyville Code of Ordinances. One of the proposed amendments to the original zoning ordinance will insert a provision to authorize a Special Use Permit within the limits of the PUD-C development for the sale of alcoholic beverages for off-premises consumption, such as for a grocery store, specialty wine shop or gourmet food store. One of the concerns discussed at the April 16, 2002, meeting related to the potential for a person to purchase beer or wine at a store that operates under a Texas Alcoholic Beverage Commission license for off-premises consumption, and walk down the sidewalk consuming the beer or wine. The City's alcohol regulations and the Texas Alcoholic Beverage Code do not prohibit this activity. Once a person leaves the premises (the physical property of the license holder), an individual is free to consume alcoholic beverages anywhere in the City except in a public park or while driving a motor vehicle. Another amendment to the original zoning ordinance includes a provision for a Special Use Permit for the sale of alcoholic beverages for on-premises consumption when in conjunction with a restaurant use, There are two other areas in the city that have similar SUP provisions. The Texas Alcoholic Beverage Code prohibits individuals from purchasing alcoholic beverages for on-premises consumption and leaving the premises with an open container. 2. Outdoor Uses - The intention of the original zoning ordinance was not very clear regarding outdoor seating areas for food service, even though the Village at Colleyville was initially designed to have a strong restaurant component and pedestrian oriented environment. Language has been added to the ordinance to allow outdoor food service areas as a part of a restaurant use. As a related item, language has been added to the ordinance to allow up to four tables with chairs, to be placed on the public sidewalk, provided four feet of clearance is maintained for pedestrian circulation and handicapped accessibility. 3. Parking - One of the parking concerns for the Village involved the potential for consumption of valuable retail space with above ground parking garages. Additionally, there was concern over potentially unsightly visibility problems of parking garages that may front on Main Street or Village Lane, the two major commercial streets in the development. Agenda Briefing Ord inance 0-02-1337.4 Page 8 of 16 Language has been added in the proposed zoning ordinance amendments to require a Special Use Permit for above ground parking garages containing fifteen or more parking spaces on a platted lot. Additional language in the ordinance stipulates that any above ground parking garage that fronts a street in the Neighborhood Central (NC) zone shall only be allowed with the approval of a Special Use Permit. 4. Lot Coverage and Building Lines - The maximum lot coverage currently allowed in the approved PUD-C zoning ordinance is 90% of the lot. The developer is requesting an amendment to the original zoning ordinance to increase the lot coverage to 95%, but only within the Neighborhood Center (NC) zone. The NC zone is the major commercial area of the development along each side of Main Street and Village Lane, The Southlake Town Center project and the area in downtown Fort Worth are two similar areas that allow as much as 100% lot coverage. The developer is also requesting that the rear building setback line be changed from five (5) feet to four (4) feet in order to coincide with the four-foot wide utility easements shown on the subdivision plat. These two changes are included in the proposed ordinance being considered. 5. Dumpster Screening - Concerns have been raised regarding screening requirements for garbage dumpsters within The Village. There is no provision in The Village PUD-C zoning ordinance that establishes any special dumpster screening requirements. Therefore, it is necessary to rely on the Colleyville Land Development Code, which states the following regarding the screening of garbage dumpsters: "Garbage, refuse and trash collection/storage areas shall be fully enclosed by a suitable screening element of not less than six (6) feet in height." There is currently only one commercial dumpster in the Village and it is located in the large public parking lot. It serves as the central dumpster for the current tenants in the Village. It is screened on three sides by a solid masonry wall and wooden gates across the front. As the Village builds out, strict application of the dumpster screening requirement may cause some operational problems for the trucks that empty the dumpsters due to the limited amount of space in the alleys. The Village is the only place in Colleyville that has alleys platted through the middle of the blocks. The only location where garbage dumpsters may be visible is when looking down the length of an alley or on the perimeter of the project. The site plans that have been approved for the two buildings currently under construction show dumpster niches set into each of the building footprints to accommodate garbage dumpsters, The following language has been added to the ordinance being considered. Agenda Briefing Ordinance 0-02-1337.4 Page 9 of 16 18. Dumpster Screening - A dumpster located in an alley on the perimeter of the project shall be screened from view on three sides with an opaque enclosure measuring at least six (6) feet in height. The enclosure or building niche shall be constructed of material that matches the building. 6. Encroachments - The original zoning ordinance did not include provisions to accommodate building overhangs, such as porch lighting, awnings, signs, balconies, cornices, roof eaves and bay windows, when they encroach a right-of-way, alley or easement. While these types of architectural features are common on nearly every building, it was never anticipated that a variance or special use permit would be required for every awning, roof eave or other minor encroachment. After contacting several neighboring communities to determine how similar issues are handled, a provision has been included to amend the original zoning ordinance to establish a set of standards for these types of encroachments. The following table shows the two outstanding items related to encroachments. The City Council approved standards for bay windows, awnings, canopies, eaves, cornices and balconies at the May 21, 2002 meeting. RiQht-of-wav Encroachment Standards Tvpe of Maximum Allowable Encroachment Encroachment Siqns 66% of sidewalk width 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area Liqhts If the liqht encroaches 12 inches or less. it may be mounted at any heiqht on the buildinq facade. Encroachments over 12 inches require 8 feet clearance over pedestrian area and 14 feet clearance over vehicle area and shall not encroach bevond 48 inches 7. Signs - A provision has been included in the ordinance amendments to allow Sandwich Board Signs within the limits of the PUD-C. These types signs are generally common along sidewalk areas, provided they are only displayed during hours that the adjacent business is open. 8. Wrought Iron Fence - This stipulation in the original zoning ordinance requires the construction of a wrought iron fence along the western boundary line where the PUD-C is adjacent to City owned park property. When this requirement was placed in the zoning ordinance for The Village, there was concern over unrestricted pedestrian traffic between City Park and The Village properties. However, with the construction of the City Hall and Library facilities adjacent to City Park, a landscape screening device would seem more appropriate. Language has been added to the proposed amendments to exclude the wrought iron fencing requirement where the city hall and library are adjacent to City Park. 9. Miscellaneous Language - There are also minor grammatical changes to several sections. These sections include Section E.7. Roofing, Section G,5 Garages/Accessory Buildings, and Section H.5 Street Signs. Agenda Briefing Ordinance 0-02-1337.4 Page 10 of 16 Tabled 05/07/02 The City Council took action on portions of the proposed amendments to the ordinance that established the zoning regulations on the Village at Colleyville, but tabled action on other portions of the ordinance (0-02-1337), The attached Ordinance 0-02-1337.1 includes text that is underlined which reflects new language to be inserted into the regulations, while strikethrough text is proposed for deletion from the ordinance. Staff has provided copy of the articles of incorporation of the Village Owners Association, Inc. to the City Council as requested at the May 7,2002 meeting. There were questions at the May 7, 2002 meeting regarding the stipulation in the original zoning ordinance to require an eight-foot wrought iron fence between the Village at Colleyville PUD-C boundary and City Park. However, with the future development of the city hall and library adjacent to City Park a four-foot high wrought iron fence may present a more desirable screening separation than the eight-foot fence. Staff contacted a local fence contractor who specializes in wrought iron fence construction to obtain the differences in construction costs between the two fence heights. The contractor staff talked with recommended a fence constructed with powder coated galvanized metal instead of wrought iron due to the severe rusting and rotting characteristics of real wrought iron and offered cost estimates based on the galvanized metal. An eight-foot metal fence costs approximately $40 per linear foot, while a four-foot metal fence costs approximately $25 a foot. The distance of the common line between the City Park and the city hall site is approximately 350 feet. The two fence cost estimates are as follows: Second Reading and Public Hearing At the April 16, 2002 meeting, the City Council asked staff to group the proposed revisions to the original PUD-C zoning ordinance for the Village into major categories and to provide information regarding each of the various issues associated with the developer's request. 1. Alcoholic Beverages - The original ordinance that established the zoning for The Village at Colleyville allowed the sale of alcoholic beverages for off-premises consumption, but required approval of a Special Use Permit, as referenced in the Colleyville Code of Ordinances. One of the proposed amendments to the original zoning ordinance will insert a provision to authorize a Special Use Permit within the limits of the PUD-C development for the sales of alcoholic beverages for off-premises consumption, such as for a grocery store, specialty wine shop or gourmet food store. One of the concerns discussed at the April 16, 2002, meeting related to the potential for a person to purchase beer or wine at a store that operates under a Texas Alcoholic Beverage Agenda Briefing Ordinance 0-02-1337.4 Page 11 of 16 Commission license for off-premises consumption, and walk down the sidewalk consuming the beer or wine. The City's alcohol regulations and the Texas Alcoholic Beverage Code do not prohibit this activity. Once a person leaves the premises (the physical property of the license holder), an individual is free to consume alcoholic beverages anywhere in the City except in a public park or while driving a motor vehicle. However, Colleyville does enforce the public intoxication laws. Another amendment to the original zoning ordinance includes a provision for a Special Use Permit for the sale of alcoholic beverages for on-premises consumption when in conjunction with a restaurant use. Two other areas in the city have similar SUP provisions. The Texas Alcoholic Beverage Code prohibits individuals from purchasing alcoholic beverages for on-premises consumption and leaving the premises with an open container. 2. Open Space Areas - The City Council requested staff to compare the open space areas at the Southlake Town Square project with those open space areas within the Village at Colleyville. The City of Southlake reported that open space in the Town Square is 13 acres, the project is 130 acres in size and open space comprises 10% of the project. Southlake staff also reported that information pertaining to sidewalk areas is unavailable. The Village at Colleyville contains 23.97 acres of which 3.53 acres is in open areas constituting 14.7% of the development. 3. Signs - Until a customer base is established in the Village, new retail stores within the development will suffer from the lack of visibility along State Highway 26 and from not having any routine traffic circulation through the development. With no signage presence along Highway 26, customers are not generally aware of new stores opening. Therefore, the developer has expressed an interest in allowing new stores to have special signage provisions during the critically important first few weeks after a new store is opened. One of the proposed amendments to the original zoning ordinance will allow a new store to have grand opening signs consisting of banners, pennants or a temporary free-standing sign that does not exceed 90 square feet (the same size as currently allowed for a new development sign). A Grand Opening Sign permit would be valid for 60 days. It would only be issued to a new store within the first 180 days after receiving a certificate of occupancy. An additional provision would allow the temporary free-standing sign to be constructed off- premises, but within the limits of the PUD-C, with the permission of the property owner. This would allow the business in the development to place signs on the common areas with the permission of the Village Owners Association. An additional provision has been included in the ordinance amendments to allow Sandwich Board Signs within the limits of the PUD-C. These types signs are generally common along sidewalk areas, provided they are only displayed during hours that the adjacent business is open. 4. Lot Coverage & Building Lines - The maximum lot coverage currently allowed in the approved PUD-C zoning ordinance is 90% of the lot. The developer is requesting an amendment to the original zoning ordinance to increase the lot coverage to 95%, but only Agenda Briefing Ordinance 0-02-1337.4 Page 12 of 16 within the Neighborhood Center (NC) zone. The NC zone is the major commercial area of the development along each side of Main Street and Village Lane. The South lake Town Center project and the area in downtown Fort Worth are two similar areas that allow as much as 100% lot coverage. The developer is also requesting that the rear building setback line be changed from five feet to four feet in order to coincide with the four-foot wide utility easements shown on the subdivision plat. These two changes are included in the proposed ordinance being considered. 5. Encroachments - It was an apparent oversight in the drafting of the original zoning ordinance that omitted any provisions to accommodate building overhangs, such as porch lighting, awnings, signs, balconies, cornices, roof eaves and bay windows, when they encroach a right-of-way, alley or easement. While these types of architectural features are common on nearly every building, it was never anticipated that a variance or special use permit would be required for every awning, roof eave or other minor encroachment. After contacting several neighboring communities to determine how similar issues are handled, a provision has been included to amend the original zoning ordinance to establish a set of standards for these types of encroachments. The following is a copy of the table of encroachment standards that is included in the proposed ordinance amendments. Within the limits of the established standards, any encroachments below grade will require approval by the Director of Public Works. Encroachments above grade require approval by the Building Inspection Department. Riaht-of-way Encroachment Standards Type of Maximum Allowable Encroachment Encroachment Bay Windows 18 inches with max. 7 footlenqth. 3 foot min. spacinq & one bay window ner 15 feet of site frontane Awninqs & canopies 80% of sidewalk width. 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area, support columns not less than 2 feet from back of curb Siqns 66% of sidewalk width. 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area Liqhts If the Iiqht encroaches 12 inches or less, it mav be mounted at any heiqht on the buildinq facade. Encroachments over 12 inches require 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area and shall not encroach beyond 48 inches Eaves, cornices and From 8 feet to 15 feet above made one inch of encroachment for balconies each inch of clearance above 8 feet not to exceed 48 inches of encroachment. Encroachments 15 feet or more above qrade shall have 8 feet of clearance over pedestrian area & 14 feet clearance over vehicle area and shall not encroach beyond 6 feet 6. Dumpster Screening - Concerns have been raised regarding screening requirements for garbage dumpsters within The Village. There is no provision in The Village PUD-C zoning ordinance that establishes any special dumpster screening requirements. Therefore, it is Agenda Briefing Ord inance 0-02-1337.4 Page 13 of 16 necessary to rely on the Colleyville Land Development Code, which states the following regarding the screening of garbage dumpsters: "Garbage, refuse and trash collection/storage areas shall be fully enclosed by a suitable screening element of not less than six (6) feet in height." There is currently only one commercial dumpster in The Village and it is located in the large public parking lot. It serves as the central dumpster for the current tenants in The Village. It is screened on three sides by a solid masonry wall and wooden gates across the front. As The Village builds out, strict application of the dumpster screening requirement may cause some operational problems for the trucks that empty the dumpsters due to the limited amount of space in the alleys. The Village is the only place in Colleyville that has alleys platted through the middle of the blocks. The only location where garbage dumpsters may be visible is when looking down the lengtb of an alley or on the perimeter of the project. The site plans that have been approved for the two buildings currently under construction show dumpster niches set into each of the building footprints to accommodate garbage dumpsters. The following language has been added to the ordinance being considered. 18. Dumpster Screening - A dumpster located in an alley on the perimeter of the project shall be screened from view on three sides with an opaque enclosure measuring at least six (6) feet in height. The enclosure or building niche shall be constructed of material that matches the building. 7. Street Right-of-Way Widths - On January 23, 2002, staff measured the street widths of the currently constructed streets in The Village at Colleyville. The street widths were measured at 12 different locations. The table below summarizes the findings. The location number corresponds to the attached drawing, showing the general location of each measurement. Staff found no deficiencies in the street widths. Total Pavement Driving Lane Parking Stall Location Street Width Width Width 1 Main Street 22 feet, each side 1 5 feet - south 7 feet - south of median 22 feet - north n.a. - north 2 Mission Lane 18.5 feet 18.5 feet n.a. 3 Main Street 22 feet 1 5 feet 7 feet 4 Village Lane 38 feet 12 feet 7 feet 5 Main Street 22 feet, each side 12 feet 7 feet of median 6 Cottaqe Lane 38 feet 12 feet 7 feet 7 Piazza Lane 38 feet 12 feet 7 feet 8 Villaqe Lane 38 feet 12 feet 7 feet 9 Terra Cotta Way 38 feet 12 feet 7 feet 10 Villaqe Lane 38 feet 12 feet 7 feet 11 Village Lane 38 feet 12 feet 7 feet 12 Villaqe Lane 38 feet 12 feet 7 feet Agenda Briefing Ordinance 0-02-1337.4 Page 14 of 16 8. Outdoor Uses - The intention of the original zoning ordinance was not very clear regarding outdoor seating areas for food service, even though The Village at Colleyville was initially designed to have a strong restaurant component and pedestrian oriented environment. Language has been added to the ordinance to allow outdoor food service areas as a part of a restaurant use. As a related item, language has been added to the ordinance to allow up to four tables with chairs, to be placed on the public sidewalk, provided four feet of clearance is maintained for pedestrian circulation and handicapped accessibility. 9. Parking - One of the parking concerns for The Village involved the potential for consumption of valuable retail space with above ground parking garages. Additionally, there was concern over potentially unsightly visibility problems of parking garages that may front on Main Street or Village Lane, the two major commercial streets in the development. Language has been added in the proposed zoning ordinance amendments to require a Special Use Permit for above ground parking garages containing fifteen or more parking spaces on a platted lot. Additional language in the ordinance stipulates that any above ground parking garage that fronts a street in the Neighborhood Central (NC) zone shall only be allowed with the approval of a Special Use Permit. Another parking related question was raised regarding the overall amount of parking that will be ultimately provided in the development. The parking requirements for The Village are divided into two categories: residential and non-residential. Residential parking requirements for a residence located on the ground floor are two parking spaces built on the same building site. When a residence is located on an upper floor, two parking spaces are required either on the same building site or in a parking garage or parking lot located within 400 feet of the residence. At the present time, no residential building permits have been issued in The Village. Non-residential parking spaces are required at the ratio of one parking space per 400 square feet of floor area. Parking spaces may be located either on the building site, in a parking lot, or in a parking garage. The off-site parking shall be located within 400 feet of the building requiring the parking. According to the original development projection provided by the developer of The Village, there will be approximately 940,000 square feet of building space when the project is fully developed. The following parking table shows an estimate of the number of parking spaces that will eventually be required in The Village using the parking requirement criteria contained in the PUD-C ordinance. Agenda Briefing Ordinance 0-02-1337.4 Page 1 5 of 16 Village at Colleyville Estimated Parking Requirements Type of Use Square Required Footage Parking Spaces Retail Shoos and Stores 220,000 550 Restaurants 40,000 100 Offices 210,000 525 Hotel/Bed & Breakfasts 70,000 175 Residences (100) 400,000 200 Totals 940,000 1,550 According to the above table, The Village at Colleyville will ultimately contain 1,550 parking spaces. Currently, there are 496 public parking spaces. However, this does not include those private parking spaces included in the one completed building and the two buildings under construction (approximately 50 spaces total). The PUD-C ordinance states that 30% of the parking requirements will be provided on the streets as they are constructed and the remaining 70% provided as building permits are issued. Staff maintains a spreadsheet to monitor the number of parking spaces built in The Village. The PUD-C ordinance also stipulates that the parking ratio will be re-evaluated when 50% of the development is completed within the Neighborhood General (NG) zone. 10. Wrought Iron Fence - This stipulation in the original zoning ordinance requires the construction of a wrought iron fence along the western boundary line where the PUD-C is adjacent to City owned park property. When this requirement was placed in the zoning ordinance for The Village, there was concern over unrestricted pedestrian traffic between City Park and The Village properties. However, with the construction of the City Hall and Library facilities adjacent to City Park, a landscape screening device would seem more appropriate. Language has been added to the proposed amendments to exclude the wrought iron fencing requirement where the city hall and library are adjacent to City Park. First Reading and Public Hearing Backqround On January 19, 1999, the City Council approved Ordinance 0-99-1131, which established the Planned Unit Development (PUD) zoning for The Village at Colleyville development located west of Colleyville Boulevard at the intersection with Main Street. Realty Capital Corporation is the owner and developer of this project that contains approximately 24 acres. The owner is requesting certain amendments to the PUD ordinance to address a number of issues not anticipated when the original ordinance was adopted by the City Council. Attached is a copy of the comments from the Colleyville Development Review Committee. Staff met with the developer on several occasions to coordinate the developer's proposed changes and to resolve the concerns of the various municipal departments. Also attached is a Agenda Briefing Ord inance 0-02-1337.4 Page 16 of 16 copy of the ordinance showing the proposed changes with deleted text as strikethrough and added text as underlined. The following is a summary of the changes being proposed. 1. Added the words "Special Use Permit" to the regulation that authorizes the sale of alcoholic beverages for off-premises consumption. The provision for off-premises consumption was originally included in the approved ordinance, but it did not include the words "Special Use Permit" as prescribed by the Colleyville Code of ordinances. 2. Added language to permit outdoor seating areas for food, lodging or entertainment uses. 3. Added a provision for a Special Use Permit for the sale of alcoholic beverages for on- premises consumption in conjunction with a restaurant use. 4. Added a provision to allow by right parking lots, underground parking garages, basements, cellars, and aboveground parking garages containing less than 15 spaces. 5. Increased from six to fifteen, the number of parking spaces in an aboveground parking garage that is required to obtain special use permit approval. 6. Increased the percent of lot coverage in the Neighborhood Center Zone from 90% to 95%. 7. Reduced the rear building setback line from five feet to four feet to coincide with the four-foot wide utility easements shown on the subdivision plat. 8. Added a new Section E 1 to handle the encroachments and overhangs of bay windows, balconies, cornices, roof eaves, and signs. A provision is added to allow certain temporary structures, such as planter boxes, benches, sandwich board signs, merchandise and up to four tables with chairs, to be placed on the sidewalk (attached are several photos and drawings depicting similar situations in a neighboring community). 9. Added a provision to require a Special Use Permit if more than four tables are used as an outdoor eating area on a public sidewalk. 10. Added a provision for special signage in conjunction with the grand opening of a new business. 11. Added a provision for the use of "Sandwich Board Signs" on the sidewalks. 12. Added a phrase to delete the wrought iron fence requirement where the city hall and library site abuts the City Park. MAP OF STREET WIDTHS !; 5& 61) 1 ~ f ~€- o4R 4! pOON OGEJ~ K~ 1] ~ AOOf'J 1 1 ORDINANCE 0-02-1337.4 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED, BY AMENDING ORDINANCE 0-99-1141 IN ITS ENTIRETY; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION. WHEREAS, an application for a zoning district change was filed by Richard Myers on February 28,2002, under Case Number Z-02-01 0; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT Ordinance 0-99-1141 is hereby amended in its entirety to read as follows: A. PURPOSE The purpose of this planned unit development is to encourage mixed- use, compact development that is sensitive to the environmental characteristics of the land and facilitates the efficient use of services. This planned unit development diversifies and integrates residential and commercial land uses within close proximity to each other and promotes long-term economic sustainability for the City. B. PUD BOUNDARIES The property shown on the attached Zoning Exhibit "A" and described by metes and bounds as indicated on the attached Exhibit "B" shall be rezoned from the AG Agricultural district to the PUD-C Planned Unit Development-Commercial district and the Official Zoning Map and Land Development Code of the City of Colleyville, Texas are hereby amended by the terms of this ordinance. Ordinance 0-02-1337.4 Page 2 of 1 5 C. NEIGHBORHOOD AREAS This Planned Unit Development is hereby divided into two neighborhood areas. The boundaries of the neighborhood areas are shown on the attached Exhibit "C". The neighborhood areas and their symbol designations are described as follows: Neiqhborhood Center - The Neighborhood Center area shall serve as the commercial and business focal point of the development with a limited amount of area used for residential purposes. The Neighborhood Center area shall be designated with the letters "NC". Neiqhborhood General. The Neighborhood General area shall serve as a secondary area for commercial and business activities of the development and may have a higher percentage of residential dwellings than the Neighborhood Center area. The Neighborhood General area shall be designated with the letters "NG". D. STATEMENT OF PLANNING OBJECTIVES AND DEVELOPMENT SCHEDULE The Statement of Planning Objectives and Development Schedule are attached as Exhibit "D". E. DEVELOPMENT STANDARDS Buildings or structures containing any combination of single-family residences and business use listed herein shall be allowed in accordance with the following Development Standards: 1. Permitted Uses - the following permitted uses shall be allowed within this planned unit development: a. Single-family Residences: Residential units may be either detached or attached, but not more than one residence shall be located per building site. A building site may have one ancillary residential structure. The habitable area of the ancillary structure shall not exceed 600 sq. ft. Within each neighborhood area, the maximum number of residential units on the ground floor of a building shall not exceed the following maximum residential densities: (1) NC Area: A maximum of 20% of the building sites in the Neighborhood Center area may contain a single-family residence use on the first floor of its building. Ordinance 0-02-1337.4 Page 3 of 15 (2) NG Area: A maximum of 40% of the building sites in the Neighborhood General area may contain a single-family residence use on the first floor of its building. (3) A maximum of 30% of the building sites within the boundaries of this PUD-C may contain a single-family residence use on the first floor of its building. (4) Not more than 45% of the total cumulative square footage of all floor areas within this PUD-C may be residential use. b. Retail: Retail specialty shops including, but not limited to, the sale of clothing, gifts, antiques, flowers and plants, books, jewelry, music, electronic equipment, computers and software, tobacco and related supplies, crafts, toys, cameras, souvenirs, greeting cards, artwork, furniture, hardware, sporting goods, house and garden supplies, office supplies, leather goods and periodicals. c. Service: Personal service shops including, but not limited to, travel agency, banks, airline ticket office, tailor, barber, beauty salon, spa, health club, shoe repair, food catering, dry cleaners, studios for dance, art, music, photography, radio, and television, or similar service uses. d. Food and Lodging: Small hotels, bed and breakfast inns, restaurants, cafes, coffee shops, bakeries, butchers, fish markets, delicatessens, ice cream parlors, cookie stores, grocery stores, drug stores, bagel or doughnut shops, and soda fountain shops. e. Enterlainment: Entertainment venues including movie theatres, provided the total number of all movie screens does not exceed four; playhouses, comedy clubs, and jazz/music clubs. f. Office: Business offices including, but not limited to, software design firms, business consulting, security and commodity brokerage, general business offices, real estate sales, insurance sales, advertising, mailing and stenographic services, professional offices for lawyers, engineers, architects, doctors, dentists, psychiatrists, accountants, investment advisors, orthodontists, or other office related businesses. g. Educational: Private schools, and day-care centers. h. Mixed-use: buildings or structures containing any combination of single-family residences and other uses listed herein. Ordinance 0-02-1337.4 Page 4 of 1 5 i. Public/Semi-public: Buildings or structures owned or operated by the City of Colleyville or The Village Owner's Association. Semi- public uses such as a neighborhood center, pool and related recreational facilities. j. Parking lots. k. Accessory buildings or uses as defined herein. I. Any use of a nature similar to the above when granted a Special Use Permit by the Colleyville City Council. m. Outside sales on the sidewalk of art, antiques, fruit, vegetables, flowers, plants, gifts and souvenirs. n. Outdoor seating areas for food, lodging or entertainment uses. o. A Special Use Permit for alcoholic beverage sales for on-premise consumption in conjunction with a restaurant use. p. A Special Use Permit for alcoholic beverage sales for off-premise consumption for a grocery store, specialty wine shop or gourmet food store) q. Parkinq lots. underqround parking 9arages. basements. cellars. and aboveground parking garages containing fourteen (14) orfewer parking spaces. 2. Permitted Uses with a Special Use Permit - The following uses may be permitted upon approval of a Special Use Permit by the City Council as provided in the Land Development Code of the City of Colleyville: a. Outside sales of cooked food and other items not listed in Section E.1 Permitted Uses. b. Automobile Sales (Business may store no more than two new vehicles outside in a public parking lot.). c. Television and appliance repair service shop. d. Club, lodge or other fraternal organizations. Ordinance 0-02-1337.4 Page 5 of 1 5 e. Above qround parking garages containing F-Flom thQn gj)( fifteen (15) or more parking spaces. Any above ground parking garage that fronts a street within the Neighborhood Central (NC) zone shall be allowed only with the approval of a Special Use Permit. 3. Prohibited Uses - The following uses shall be prohibited within this planned unit development: a. Drive-through commercial uses where patrons remain In automobiles. b. Vending machines, except within buildings. c. Retail uses containing more than 30,000 square feet of floor area per certificate of occupancy. d. Industrial and manufacturing businesses that create nOise, vibration or obnoxious odors. e. Kennels. f. Terminals or depots for large-scale storage or distribution of good s. g. Scrap yards for the processing or storage of waste materials. h. Automotive repair businesses. I. Telemarketing office with over 20 employees. j. Uses not listed herein shall be considered by following the procedures outlined in the Colleyville Land Development Code for new and unlisted uses. Ordinance 0-02-1337.4 Page 6 of 15 4. General Lot Criteria - See Table 1 below: Table 1 General Lot Criteria Neighborhood Neighborhood General Zone (NG) Center Zone (NC) Lot Min. Area 2,600 s.f. Min. Area 2,600 s.f. Dimensions Max. Area 5 acres Max. Area 5 acres Min. Lot 30% Min. Lot 45% Coveraae Coveraqe Max. Lot 90% Max. Lot ~95'1'0 Coveraqe Coveraoe Setbacks Front 0' min - 15' max. Front 0' min - 15' max. Side 0' min - 15' max. Side 0' min - 15' max. Rear - Main e' 1: min. Rear - Main &:!.'min. Bldo. Bldo. Rear - Accy. &1: Rear - Accy. e'1: Blda. Blda. Height Max. Heiaht 48 ft. or 3.5 stories Max. Heiaht 48 ft. or 3.5 stories Notes: 1. the one-half story above third floor shall not exceed 400 s.f. 2. see Exhibit "F" for additional heiqht and use restrictions for certain areas 5. Special Use and Heiqht Conditions - The areas indicated on Exhibit "F" shall be limited to a maximum height of two and one-half stories and the areas indicated with an "R" on Exhibit "F" shall be additionally limited to residential use only. 6. Buildinq Exteriors - The exposed exterior walls of each building must contain 100% masonry. For purpose of this ordinance, masonry shall consist of any combination of brick, stone, faux-stone, stucco or faux-stucco. 7. Roofinq - If a flat roof is constructed, all sides of the building shall have a mansard or built-up parapet wall roof at least four feet (4') in height, which shall simulate the look of a pitched roof from street level. tffl~e$!La roof terrace is constructed, then railings may be used which comply with Paragraph ~ ~, Balconies. 8. Balconies - Balcony railings must be constructed with wrought iron or masonry balustrades. 9. Buildinq Desiqn Requirements - Articulation of walls shall not be mandatory. Buildings within this planned unit development shall be exempt from Chapter 6 Building Design of the Colleyville Land Development Code. 10. Exterior Buildinq Liqhtinq - Buildings may be lit with wall washer type lights, natural gas lamps, or low wattage decorative electric lamps. Lights shall be placed on buildings in a manner so as to not be a nuisance. Ordinance 0-02-1337.4 Page 7 of 1 5 11. HV AC Systems - All air-conditioning condenser units must be hidden from street view or placed on the roof. 12. Backvard Walls - These shall be constructed 100% masonry materials or wrought-iron fencing. Any gates must be constructed of wrought iron. 13. Landscapinq - Lots within this planned unit development shall be exempt from Chapter 4 Landscaping and Buffering of the Colleyville Land Development Code. The landscaping within this Planned Unit Development shall be consistent with the landscaping shown on Exhibit" E." The owners of the first floor shall plant and maintain the storefront planting area (if applicable) along its street frontage. All sidewalks (six feet or wider) in the project will have tree planter islands spaced every thirty to thirty-five feet. Approved trees shall include Shumard Red Oaks, Sweet Gums, Burr Oaks, Live Oaks, Bald Cypress, Loblolly Pines, Cedar Elms and Chinese Pistachio. A minimum of 25% of the building sites shall be required to install and maintain a 24" wide planting area (at least 8 feet long) in the setback between their building and the sidewalk. The owners of the ground floor levels of these buildings shall be required to plant, irrigate and maintain flowers, vines or shrubs in those areas. In addition, any roof terraces shall contain at least two irrigated, potted shrubs or trees. Building site owners shall plant and maintain one approved tree in their backyard. 14. Awninqs - Buildings with commercial uses on the ground level shall install awnings over all windows on the ground level that front public sidewalks, if those buildings contain a residential use above the ground level. 15. Architectural Control Committee - The Property Owner's Association must create an Architectural Control Committee, which shall be funded by the Property Owner's Association. All building exterior specifications, site plans, lighting, signage and landscaping plans must be approved by the Architectural Control Committee prior to approval of a building permit. 18. LimitatioR €IR Lat€l ~Ji€1ht ~€I\:;lfG €If Oporation Businos808 IO€latod within this PUD C €)hall €llo€)o not lator than 1 Q:20 f).m. on wook€lays aRe ~\:;lndays, aRe 12:30 a.m. en Fridays aRe ~atk:lrdays. 17. Special Use Permit Time Limits - The special use permit required for alcoholic beverage sales for on-premise or off-premise consumption shall become null and void five (5) years from the date of approval of this ordinance for undeveloped sites. Ordinance 0-02-1337.4 Page 8 of 15 18. Dumpster Screeninq - A dumpster located in an alley on the perimeter of the project shall be screened from view on all sides with an opaque enclosure or buildinq niche measurinq at least six (6) feet in heiqht. The enclosure or buildinq niche shall be constructed of material that matches the buildinq. E.1 ENCROACHMENTS AND USE OF PUBLIC RIGHT-OF-WAY Due to the unique nature of this planned unit development, the encroachments of buildings and architectural features into the public right-of-way and certain uses within the public right-of-way, stated herein in Section E.1, shall be allowed within this planned unit development and shall be exceptions to the requirements of the Land Development Code. All encroachments, including temporary structures, must maintain a forty-eight (48") inch pedestrian right-of-way and comply with all other ADA regulations. In addition, any encroachments shall ensure a twenty-four (24") inch sight line. 1. Encroachments below grade - Approval by the Director of Public Services of a Right-of-way Permit is required for any building encroachments below grade. All encroachments shall not exceed eighteen (18") inches. 2. Encroachments of architectural features above grade - Approval by the Building Inspection Department is required for any encroachment of architectural features above grade, provided such encroachments comply with the standards contained in the following table and local building and fire codes: Riaht-of-way Encroachment Standards Type of Maximum Allowable Encroachment Encroachment Bay Windows 18 inches with max. 7 foot length, 3 feet min. spacing & one bay window oer 15 feet of site frontaoe Awnings & canopies 80% of sidewalk width, 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area Signs 66% of sidewalk width, 8 feet clearance over pedestrian area & 14 feet clearance over vehicle area Lights If the light encroaches 12 inches or less, it may be mounted at any height on the building fatyade. From 8 feet to 11 feet above grade, one additional inch of encroachment shall be required for each inch of clearance above 8 feet, not to exceed 48 inches of encroachment. Encroachments over 12 inches require 8 feet clearance over pedestrian areas & 14 feet clearance over vehicle areas, and shall not encroach bevond 48 inches Eaves, cornices and From 8 feet to 15 feet above grade, one inch of encroachment for balconies each inch of clearance above 8 feet not to exceed 48 inches of encroachment. Encroachments 15 feet or more above grade shall have 8 feet of clearance over pedestrian area & 14 feet clearance over vehicle area and shall not encroach bevond 6 feet Ordinance 0-02-1337.4 Page 9 of 15 3. Temporary structures in public right-of-way - The temporary use of sidewalk areas located within a public right-of-way shall be allowed for the following types of temporary structures: planter boxes, benches, sandwich board signs, retail merchandise, and four (4) tables with chairs. Use of the public right-of-way for retail merchandise shall be limited to business hours. 4. Outdoor Eating Areas on public sidewalks - The use of a public sidewalk as an outdoor eating area containing more than four tables shall be permitted only with approval of a Special Use Permit by the City Council. F. SUBDIVISION PLAT Upon zoning approval, the developer shall submit a Preliminary Plan and a Final Plat, which shall generally be consistent with the attached site plan. The proposed deed restrictions shall be approved by the City Council. G. SUPPLEMENTARY REQUIREMENTS This planned unit development shall comply with the following supplementary requirements: 1. Open Space Requirements - This development shall provide open space areas as shown on the attached Exhibit "E" in lieu of any other open space requirements of the Colleyville Land Development Code. 2. Park Land Dedication Fees - Payment of Park Land Dedication Fees at the rate applicable at the time of building permit shall be due and payable when a building permit is issued for each non- residential structure or primary single-family dwelling unit. 3. Street Riqht-of-Wav Widths - These shall be established upon approval of the Final Plat using the street and alley design standards contained in Paragraph 7 below. 4. Sidewalks - Sidewalks shall be required for all lots In this development. 5. Garaqes/Accessorv Buildinqs - The walls of these buildings shall be 100% masonry, constructed of similar materials as the building on the same building site and shall cover no more than 20% of the Ordinance 0-02-1337.4 Page 10 of 15 building site area, and they may be connected to the main building by an enclosed walkway. These buildings shall comply with all other requirements in this ordinance. 6. Advertisinq Siqns - Buildings may contain the following types of signs: a. Wall Signs - The size of a wall sign shall be limited to the size of the building wall it is attached to: either 10 percent of the wall area or 1.5 square feet for each linear foot of the building's wall, whichever is less. b. Projecting Signs - These may not exceed 20 square feet in size, with a clearance of at least eight feet above ground level. c. Awning Signs -Individual letters on awning signs shall not exceed 12 inches in height. d. None of the above signs shall be internally lit. These signs may be front-lit with lights that do not create an unreasonable glare on adjacent buildings. e. Window Signs - Food and Lodging and Entertainment uses may use internally lit window signs (made of decorative neon) inside of their businesses. Any business shall be limited to a maximum of two window signs. I nternally lit box signs shall not be permitted. f. Grand Opening Signs - When a certificate of occupancy has been issued for a new business and within one (1) year thereafter, one (1) Grand Opening Sign permit shall be allowed to advertise the new business. On-site signs may include either a banner or pennant, which may be in addition to any other legal sign allowed by the Land Development Code. Height and area of such signs shall be limited to the applicable regulations for the sign classification. In addition to the on-site Grand Opening Sign, a temporary sign may be placed off- premises with the permission of the property owner. The permit holder shall be the responsible party for compliance with the Grand Opening Sign Permit regulations. A Grand Opening Sign permit shall not be valid for more than sixty (60) days. No permit fee shall be required for a Grand Opening Sign permit. After the expiration of the initial sixty (60) day period, a business may request sixty (60) day extensions during the one (1) year period, subjectto approval of the City Council. g. Sandwich Board Signs - One (1) temporary Sandwich Board sign shall be allowed per business, provided such sign does not exceed Ordinance 0-02-1337.4 Page 11 of 1 5 forty-eight inches (48") high and thirty-six inches (36") wide and is located in front of the business site. Sandwich Board Signs may be placed in front of another business site with the approval of that business owner. Forthe purpose of this regulation, Sandwich Board signs shall include easels and podiums. 7. Street and Alley Desiqn a. Two-way Street - The cross-section of the typical village street shall be comprised of twenty-four feet of drive lanes (two, twelve-foot lanes); two, seven-foot parallel parking spaces; and a ten-foot sidewalk on each side of the street. The total public right-of-way shall not be less than fifty-six (56) feet wide. b. One-way Street - A cross-section of a typical one-way street shall contain an eighteen-foot drive lane, one seven-foot parallel parking space and sidewalks ranging in width from three feet to six feet. The public right-of-way for a one-way street shall not be less than thirty- five (35) feet. c. Alley - The cross section of the typical alley shall contain twelve feet of pavement with green space on each side. The alley right-of- way width shall not be less than twenty (20) feet. 8. Public Area Landscaping - Public parks in the project shall be landscaped and irrigated according to plans approved by the City of Colleyville. 9. Security Fencing and Walls os follows: a. a six foot masonry screening wall shall be constructed along the entire length of the northern boundary from the City Park to Pleasant Run Road, and b. an eight foot masonry screening wall shall be constructed along the three common property lines with Tract 2A2, B.B.B. & C.R.R. Co. Survey, Abstract 206, and c. an eight foot wrought iron fence with openings for gates shall be constructed along the western property line where this planned unit development is adjacent to the City owned park property, except where adiacent to the City Hall and Library site, and d. a gate shall be constructed at the west end of Central Drive with card-key access for the residents of Central Drive. Ordinance 0-02-1337.4 Page 12 of 1 5 H. AMENITIES 1. Parks and Playqrounds - All or portions of certain lots identified on the project site plan must be set aside for public parks, meeting areas and playgrounds. 2. Sidewalk Amenities - Besides the trees and other landscaping, sidewalks shall be constructed to contain the following amenities: bicycle racks, benches, bulletin boards, drinking fountains, underground electric outlets for sidewalk vendors, chess and checkers tables, and water fountains. 3. Street Liqhts - The street lights may be either gas or electric and shall be installed on the sidewalks and be of a style which compliments that architectural style of the project's buildings. 4. Walkinq Paths - Certain paths in front of some lots and building sites will be for pedestrian and bicycle use only. These paths shall range from eight to twenty feet in width and shall be constructed of brick, stone and/or concrete. 5. Street Siqns - Street signs sRaU may be attached on the appropriate buildings at each intersection. The signs, if attached, shall be placed fifteen (15} feet above street level and shall be front lit with a decorative lighting fixture. The signs shall contain eight-inch letters. I. PARKING REQUIREMENTS The parking requirements for this planned unit development shall be as follows and subject to review when the project is 50% complete: 1. The parking shall be provided according to the parking requirements of this section, provided that when 50% of the development is completed within the NC-Neighborhood Center area, the City shall have the authority to review the parking demands and reassess the parking ratio by the development. The developer shall reserve spaces throughout the development to provide extra parking at the 50% reduced development stage. The City shall additionally have the authority to review the parking supply and may reassess the parking ratio when 50% of the development is completed within the NG-Neighborhood General area. Ordinance 0-02-1337.4 Page 13 of 1 5 2. Parking spaces shall consist of a combination of parking spaces provided on the street, on each building site, within a parking garage or in an open parking lot. Approximately thirty (30) percent of the parking requirements will be provided on the streets as streets are constructed within the development. The remaining seventy (70) percent of the parking requirements shall be provided as building permits are issued for each structure in accordance with the following requirements: a. Residential Uses - The parking requirements for residential units shall be as follows: (1) Ground floor - when a primary residence is located on the ground floor, two (2) parking spaces shall be provided on the same building site as the dwelling unit and one additional on- site parking space if the building site contains an ancillary residential unit. (2) Upper floor - when a primary residence is located on an upper floor, two (2) parking spaces shall be provided either on the same building site as the residence or in a parking lot or parking garage located within 400 feet of the residence. Said parking spaces shall not have been used in calculating parking needs for any other residence or use within the planned unit development. b. Non-Residential Uses - The parking requirements for non- residential uses shall be at a ratio of one (1) parking space per 400 square feet of floor area. Parking spaces shall either be located on the building site, in a parking lot, or in a parking garage. Said parking lot or parking garage shall be located within 400 feet of the use requiring the parking space. Said parking spaces shall not have been used in calculating the parking needs for any other use within the planned unit development. c. Parkinq Space Records Retention - When off-site parking spaces are provided to satisfy the parking requirements of this ordinance, the City of Colleyville Community DevelopmentDepartment shall maintain records of the number of parking spaces used in calculating parking needs for each building site and no building permit shall be issued for a structure for which adequate parking is not included with the building permit application. d. Public Parkinq - Public parking lots and parallel parking spaces shall be located as shown on the attached Exhibit "E". All public parking shall be free of charge. Parking time limits shall bB-twe Ord inance 0-02-1337.4 Page 14 of 15 hour~ for por:::lllol p:::lrking ~p:::lCO~ from 9:00 :::I.m. to 8:00 p.m. No overnight parking shall be permitted in the parking lots. J. PROPERTY OWNERS ASSOCIATION Each property owner in the project shall be a member of the owners' association which shall collect quarterly fees from each property owner for payment for the following common services: landscaping, Village promotions and events, cleaning, security, marketing, architectural control and project administration. If a Village property owner fails to timely pay its association fees, the owners association's declaration of covenants shall enable it to file a lien against that owner's property. Sec. 2. THAT Ordinance 0-99-1141 shall remain in effect except where amended by this ordinance. Sec. 3. THAT any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such. Sec. 4. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof as an alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 2002. day of The second reading and public hearing being conducted on the 2002. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor Ordinance 0-02-1337.4 Page 15 of 15 APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Ci I Y r){ ,/~ CITY COUNCIL CQ~~~nC1> AGENDA BRIEFING Tl"X~::; MEETING DATE: : 12/03/02 ITEM # : 18 RESOLUTION # : R-02-2056 CITY MANAGER : DEPARTMENT HEAD FINANCE REVIEW Previous Action: TABLED DEPARTMENT: CITY MANAGER'S OFFICE SUBJECT: Approval of an Agreement between Broadland Limited Partnership, the David Bagwell Company and David Bagwell and the City of Colleyville relating to the Colleyville trail system Update As requested, the City Attorney is working with David Bagwell to identify the parties defined as the "Developer" related to this Agreement. Reading and Public Hearing In recent months, staff has been working with David Bagwell, President, David Bagwell Company, regarding construction of a concrete trail in Westcliff I. As a follow-up to these discussions, the City Attorney has prepared the attached Agreement between the developer and the City related to the city's trail system. Trail segments for Westcliff II, Old Grove and McPherson Park will be addressed as future development occurs within this area. Recommendation Approval Attachments . Resolution R-02-2056 RESOLUTION R-02-2056 A RESOLUTION APPROVING AN AGREEMENT BETWEEN BROADLAND LIMITED PARTNERSHIP, THE DAVID BAGWELL COMPANY AND DAVID BAGWELL AND THE CITY OF COLLEYVILLE RELATED TO THE COLLEYVILLE TRAIL SYSTEM WHEREAS, the City of Colleyville has adopted the "Colleyville Pathways: a Citywide Trail System Plan" that, when complete, will serve to connect the strategic points throughout the City; and WHEREAS, the Colleyville City Council desires to continue to develop the City of Colleyville's trail system throughout the City to enhance mobility. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the City Council hereby approves an Agreement between Broadland Limited Partnership, the David Bagwell Company and David Bagwell and the City of Colleyville related to the Colleyville Trail System, hereby attached as Exhibit "A". AND IT IS SO RESOLVED. PASSED BY A VOTE OF THIS THE DAY OF AYES, NAYS, AND 2002. ABSTENTIONS ON ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor Exhibit "A" AGREEMENT THIS AGREEMENT is made this 3rd day of December 2002, by and between BROADLAND LIMITED PARTNERSHIP, DAVID BAGWELL, AND DAVID BAGWELL COMPANY, hereinafter referred to as "Developer" and the CITY OF COLLEYVILLE, hereinafter referred to as "City". WHEREAS, the Developer is in the process of developing the subdivisions known as Westcliff, Phase I (hereinafter referred to as "Subdivision"), within the City of Colleyville; and WHEREAS, a dispute has arisen between the Developer and the City relating to the dedication of property for the Colleyville trail system and the construction of the trail with regard to the Subdivision; and WHEREAS, the parties to this agreement desire to settle their dispute in order to promote the interest of both the Developer and the City; NOW, THEREFORE, upon the mutual covenants, conditions and promises contained herein, the parties hereby agree as follows: Developer's Obligations With Regard to the Trail System 1 . The Developer and the City hereby agree that the following criteria shall govern the obligations of the Developer to dedicate property to the City and to construct the Colleyville trail system (as identified in Exhibit "A" hereto) with regard to the Subdivision. Segment B - This section of the trail is located on the east side of Newkirk Lane and extends from the northern boundary of the LDS Church property in a northeasterly direction to a point where the trail crosses into the McPherson Park property, a distance of approximately 410 linear feet. The Developer shall construct this portion of the trail as part of the development of Westcliff I Addition. 1.2 The sections of the trail the Developer is required to install shall be constructed in accordance with Section 15.5.A, detail number P-8A of the Colleyville Land Development Code. Developer-City Agreement Page 2 Release 2.1 Except for the obligations imposed on the parties by this agreement, the City, on its own behalf and on behalf of its respective agents, employees, servants, representatives, attorneys, insurers, reinsurers, subsidiaries, successors and assigns, and any entity claiming by, through or under it, does hereby release, acquit, and forever discharge Developer, their agents, employees, servants, representatives, attorneys, insurers, reinsurers, subsidiaries, successors, and assigns, from and against any and all claims, demands, causes of action, liabilities and damages (including but not limited to actual damages, exemplary and punitive damages, statutory damages, penalties, attorney's fees, prejudgment and post judgment interest and expenses), or any and every character, kind and nature whatsoever, at law or in equity, whether known or unknown, past, present or future, accrued or unaccrued, contingent or fixed, whether based on the law of contract, tort or otherwise, whether under statutory law or the common law, arising out of, resulting from, based upon or related in any way to the actions of the parties with regard to the dedication or construction of the Colleyville trail system reflected on Exhibit "A", or in the negotiation and execution of this agreement. 2.2 Except for the obligations imposed on the parties by this agreement, Developer on its own behalf and on behalf of its respective owners, shareholders, agents, representatives, subsidiaries, successors and assigns, and any entity claiming by, through or under him, do hereby release, acquit and forever discharge the City, its agents, employees, servants, representatives, attorneys, insurers, reinsurers, subsidiaries, successors, and assigns, from and against any and all claims, demands, causes of action, liabilities and damages (including but not limited to actual damages, exemplary and punitive damages, statutory damages, penalties, attorney's fees, prejudgment and post judgment interest and expenses), of any and every character, kind and nature whatsoever, at law or in equity, whether known or unknown, past, present or future, accrued on unaccrued, contingent or fixed, whether based on the law of contract, tort, or otherwise, whether under statutory law or the common law, arising out of, resulting from, based upon or related in any way to the actions of the parties with regard to the dedication of construction of the Colleyville trail system reflected on Exhibit "A", or in the negotiation and execution of this agreement. 2 Developer-City Agreement Page 3 Other Development Regulations 3. This agreement is intended only to govern the obligations of the Developer concerning the dedication of property for and the construction of the Colleyville trail system as reflected on Exhibit "A". This agreement is not intended to and shall not be construed to vary or alter any other development regulations which are applicable to the Subdivisions. Miscellaneous Provisions 4.1 This agreement shall be binding upon and for the sole benefit of both parties hereto and their respective heirs, successors and assigns and not for the benefit of any third-party and may not be assigned in whole or part without the written consent on the other party. 4.2 This agreement may not be changed orally, but only by an agreement in writing signed by the parties. No act, delay, omission, course of dealing between the parties will be a waiver of any rights or remedies under this agreement. Any waiver of any right, remedy or requirement under the terms hereof on any occasion will not be a bar or constitute a waiver of the exercise of the same or other right or remedy on subsequent occasions. 4.3 This agreement shall be governed by and be in accordance with the laws of the State of Texas. 4.4 If any provision of this Agreement shall for any reason be held to be invalid or unenforceable, such invalidity or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid or unenforceable provision have never been contained herein. 4.5 This Agreement may be executed in any number of counterparts and each such counterpart shall be deemed an original. 3 Developer-City Agreement Page 4 EXECUTED on the date first above written. DEVELOPER BROADLAND LIMITED PARTNERSHIP By: Its General Partner DAVID BAGWELL COMPANY By: David Bagwell, President DA VI D Bagwell By: David Bagwell CITY OF COLLEYVILLE By: Donna Arp, Mayor 4 .. , I ' r< : I I i ~-= ~ ~......... ...::,. ~. .~.. ..,' .~ . . ,. "PAlIK 0+<: /,' ft T Y't(,' I S87/tt e ",.J ."" .6 .- I I RESOLUTION R-02-2073 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF DECEMBER 3, 2002 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF _ AYES, NAYS AND ABSTENTIONS. 2002 BY A VOTE OF ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor