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HomeMy WebLinkAboutCity Council-Agenda Packets-3/20/2001 City of Texas AGENDA CITY COUNCil MEETING 5400 BRANSFORD ROAD March 20, 2001 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 - Sec. 551.072- Sec. 551.072- Sec. 551.074- Consultation with Attorney Property Acquisition - Fire Station Property Acquisition - Bransford Road Personnel - City Manager Executive Search 7:30 P.M. - RESUME REGULAR MEETING INVOCATION: Sister Dorothy Eggering, Good Sheppard Catholic Community Church PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney 2. CORRESPONDENCE, MISCEllANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCil AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Arp will present a Proclamation to Bransford Elementary representatives and Colleyville Garden Club representative Barbara Nuss who are joining together on March 28,2001, to beautify the City with a Colleyville Arbor Day celebration. P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575 CONSENT: .. ! i i 3. READING AND PUBLIC HEARING - Resolution R-01-1771 - Consent Items: f .} ,> ,.J" ~fr J , a. Approval of minutes of the regular City Council meeting of March 6, 2001 b. Approval of donation of trees for City Park and educational materials from David Bagwell c. Approval of setting a date for a public hearing concerning a request by Colleyville Presbyterian Church to place two additional portable buildings at 715 Cheek Sparger Road d. Approval of a Minor Plat of Colleyville Community Center Addition Block 1, Lot 2, requested by the City of Colleyville, 4.363 acres located at 5201 Riverwalk Drive, Case P-01-008 e. Approval of an Agreement with Teague Nail and Perkins to prepare a TEA-21 grant application for Little Bear Creek Trail and authorizing the use of Voluntary Park Fund monies in an amount not to exceed $7,200 f. Approval of an Agreement with Teague Nail and Perkins to prepare a TEA-21 grant application for Cottonbelt Trail extension and authorizing the use of Voluntary Park Fund monies in an amount not to exceed $7,200 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1272 - Amending Section 2 of Ordinance 0-00-1236; authorizing the expenditure of up to $400,000 for Railroad Crossing Warning Devices 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1273 - Zoning Change requested by Matt Torbit, Mady Development, from AG Agriculture to PUD-R Planned Unit Development Residential, on 10.0 acres located at 3508 Glade Road, west of Roberts Road, Case Z-01-005 ~ 6. "f-) . , 7. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1274 - Amending Section 2 of Ordinance 0-00-1236; authorizing the expenditure of up to $71,671 for a temporary signal at Main Street i.} READING AND PUBLIC HEARING - Resolution R-01-1772 - Authorizing the Mayor to enter into the Memorandum of Understanding Between the City of Colleyville and the City of Euless for the Reconstruction of Glade Road between State Highway 121 and Heritage Avenue, a portion of Heritage Avenue and a Right Turn at State Highway 121 '--. J"', , \~. . ~ -',f READING AND PUBLIC HEARING - Resolution R-01-1774 - Approval to purchase document imaging software and hardware from DynaSource, Inc., in the amount of $24,190 . ~ 9 ,1 ..J I . , ~lJ'"' p"'Jr~j 'LPl " \ READING AND PUBLIC HEARING - Resolution R-01-1775 - Approval to suspend the effective date of the proposed rate schedules of TXU Gas Distribution; providing that the rate schedules of said company shall remain unchanged during the period of suspension STAFF REPORTS: 10. MONTHLY FINANCIAL REPORTS REPORTS 11. CITY COUNCIL WORKSESSION MINUTES - February 15, 2001 PLANNING AND ZONING COMMISSION MINUTES - February 26, 2001 CITY COUNCIL WORKSESSION MINUTES - February 28, 2001 ZONING BOARD OF ADJUSTMENT MINUTES - March 13, 2001 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF MARCH 20, 2001 - Reading and Public Hearing - Resolution R-01-1776 ADJOURNMENT: 14. ADJOURNMENT I certify the above agenda was posted on the bulletin board at City Hall on March 16, 2001, at 4:30 p.m. .cY!:~:!~ 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 577- 7575, and reasonable accommodations will be made to assist you. Cil}" Of CC~0 CITY COUNCIL ~m< AGENDA BRIEFING For mtg. : 03/20/01 CMO Approval: Item # : 1 Ordinance # : N/A Previous Action: None DEPT. : CITY COUNCIL SUBJECT: Executive Session - In accordance with Texas Government Code Chapter 551, Subchapter 0 Sec. 551.071 - Sec. 551.072- Sec. 551.072- Sec. 551.074- Consultation with Attorney Property Acquisition - Fire Station Property Acquisition - Bransford Road Personnel- City Manager Executive Search ~~ y??.,J~ CI MANAGER . LJ.:...u ~~~ DEPARTMENT HE 0 FINANCIAL REVIEW (IF NECESSARY) ccen0 CITY COUNCIL ~m< AGENDA BRIEFING For mtg. : 03/20/01 CMO Approval: Item # : 2 Ordinance # : N/A Previous Action: None DEPT. : CITY COUNCIL SUBJECT: CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Arp will present a Proclamation to Bransford Elementary representatives and Colleyville Garden Club representative Barbara Nuss who are joining together on March 28, 2001, to beautify the City with a Colleyville Arbor Day celebration. J#~ ~a/~ MANAGER ~~~?-./nv DEPARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) .....,.,...;".o-:.',.....-..,_._#~.~'.........,.. ~~~~~~~~'~~~~~~:i.'1~~:,:-;-.;~~....;!"~~~~:~~~~~;.~;~_':'~:::~;;.~..,::::.: ."'~ ;","'. I 'l;'~ .iIi-- t1.i. ~J ~ j;L ,. j;:.; fl'j ~ . ~-;. ., ~ j:..,.... t ,.J .~ roclamation CITY OF Colleyville, Texas WHEREAS: In 1872, J. Sterting Morton proposed to the Nebraska Board of Agriculture that a special day be set aside for the planting of trees. This holiday, called Arbor Day, was first observed with the planting of more than a million trees in Nebraska; and WHEREAS, Arbor Day is observed throughout the world and has become a day dedicated to the beauty, usefulness, and preservation of trees; and WHEREAS, trees reduce the erosion of our precious topsoil by wind and water, cut heating and cooling cost, moderate the temperature, clean the air, produce oxygen, and provide habitat for wildlife; and WHEREAS, trees increase property values, beautify and retain the rural atmosphere, and wherever they are planted, are a source of joy and spiritual renewal; and WHEREAS, the Colleyville Garden Club and Bransford Elementary School are joining together on March 28, 2001, to beautify the City with a Colleyville Arbor Day celebration; and WHEREAS, this celebration will include the planting of a tree to enhance and beautify our community. j NOW, THEREFORE, I, DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, do hereby proclaim Wednesday, March 28, 2001 as -J ~~1 :;.,Q t;1.' 'f r . . t, f,;'. ~~ t.r~ ~'; ~. r;~~= ~ ~',' ~ r r~ COLLEYVILLE GARDEN CLUB AND BRANSFORD ELEMENTARY SCHOOL ARBOR DAY CELEBRATION and urge our citizens to celebrate Arbor Day by supporting efforts to protect our trees and woodlands, and encourage people to plant a tree to promote the well-being of future generations. IN WITNESS WHEREOF, I do hereby set my hand, and seal of the City of Colleyville. affixed this 20lh day of March 2001. -- .1a~'0l'. City of Colleyville ....<I. '-'Iftl:..bfi!' .h".A <.'~ -i RESOLUTION R-01-1771 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF MARCH 20, 2001 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 March 6, 2001 are hereby approved. b. THAT the donation of trees for City Park and educational materials from David Bagwell are hereby approved. c. THAT the setting a date for a public hearing concerning a request by Colleyville Presbyterian Church to place two additional portable buildings at 715 Cheek Sparger Road is hereby approved. d. THAT the Minor Plat of Colleyville Community Center Addition Block 1, Lot 2, requested by the City of Colleyville, 4,363 acres located at 5201 Riverwalk Drive, Case P-01-008 is hereby approved. e. THAT the Agreement with Teague Nail and Perkins to prepare a TEA-21 grant application for Little Bear Creek Trail and authorizing the use of Voluntary Park Fund monies in an amount not to exceed $7,200 is hereby approved. f. THAT the Agreement with Teague Nail and Perkins to prepare a TEA-21 grant application for Cottonbelt Trail extension and authorizing the use of Voluntary Park Fund monies in an amount not to exceed $7,200 is hereby approved. AND IT IS SO RESOLVED. Passed by a vote of ayes, of ,2001. ATTEST: Cynthia Singleton, TRMC City Secretary nays, and Resolution R-01-177" Page 2 of 2 abstentions on the day l CITY OF COLLEYVILLE Donna Arp Mayor MINUTES OF THE CITY COUNCIL MEETING MARCH 6, 2001 The regular meeting of the Colleyville City Council was called to order by-Mayor Donna Arp on March 6, 2001, at 6:50 p.m. ROLL CALL: Council persons Jody Short, Mike Taylor, Dana Feldman, Dennis Marlin, and Mayor Pro Tern Ginny Tigue were present. Mayor Donna Arp, Interim City Manager Dianne McWethy, Interim Director of Public Services Keith Fisher, Development Coordinator Clayton Husband, Public Works Manager Randy Brown, Fire Chief Mike Johnston, Economic Development Manager Mike Soab, Records Manager Matt Denton, Financial Analyst Collin Boothe, Administrative Intern Cindy Martin, City Attorney Ross Foster, and City Secretary Cynthia Singleton were also present. 1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551, Subchapter 0 Sec. 551.071 - Sec. 551.072- Sec. 551.072 - Sec. 551.074 - Consultation with Attorney Property Acquisition - Fire Station Property Acquisition - Bransford Road Personnel - City Manager Executive Search Mayor Arp explained that the Executive Session had been called in accordance with Texas Government Code Chapter 551, Subchapter 0, Section 551.071 - Consultation with Attorney, 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 6:52 p.m., and reconvened at 7:35 p.m. The invocation was given by Pastor Kevin Lykins, Pleasant Glade Baptist Church, after which Ross Foster led the Pledge of Allegiance. CITY COUNCIL MINUTES MARCH 6, 2001 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Arp presented a Proclamation to Jerry "Chip"- Lambert, Jr. for being a young leader in our community and for his interest in city government. Susan Eaves, City of Lancaster Parks and Recreation Director, presented the Texas Recreation and Park Society (TRAPS) Gold Medal Award to the Mayor and City Council. Councilman Taylor and Mayor Pro Tem Tigue commended Parks and Recreation staff for the services they provide the citizens. Councilman Taylor reported that Mayor Pro Tem Tigue, Councilman Feldman and he attended a Land Use Seminar and thanked the citizens for allowing them the opportunity to attend these seminars so that they may better serve as Council members. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-Q1-1764 - Consent Items: a. Approval of minutes of the regular City Council meeting of February 20, 2001 b. Approval of the Agreement with TxDOT for intersection. improvements at Main Street and Village Lane; raised center median between Glade Road and Thompson Terrace and temporary traffic signals at Main Street Mayor Arp opened the public hearing and read Resolution R-01-1764 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Item b was removed. Councilman 'Short moved to approve Resolution R-01-1764 with the exception of Item b. Mayor Pro T em Tigue seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. CITY COUNCIL MINUTES MARCH 6, 2001 4. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1272 - Amending Section 2 of Ordinance 0-00-1236; authorizing the expenditure of up to $400,000 for Railroad Crossing Warning Devices Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1272. Mr. Mace German, 6006 Highland Hills Lane, spoke in opposition to the proposed Ordinance. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Discussion ensued regarding the future and increased use of freight trains and passenger trains, federal government and TxDot funding of railroad crossing warning devices and the cost of quad gates and pedestrian gates. 5. READING AND PUBLIC HEARING - Resolution R-01-1765 - A Final Plat for, Clairemont Addition Phase 1, requested by Warren Hagan, 23.188 acres located on the north side of McDonwell School Road, across from Remington Parkway, Case P-01-001 Mayor Arp opened the public hearing and read Resolution R-01-1765 in its entirety. Mr. Rich Munson, 1905 Hall-Johnson Road, spoke regarding public right-of-way abandonment procedures. There were no others wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approve Resolution R-01-1765. Councilman Taylor seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin and Mayor Pro Tem Tigue Nays: None . Mayor Arp declared the motion carried. CITY COUNCIL MINUTES MARCH 6, 2001 6. READING AND PUBLIC HEARING - Resolution R-01-1766- A Final Plat for Clairemont Addition Phase 2, requested by Warren Hagan, 27.197 acres located on the north side of McDonwell School Road, across from Remington Parkway, Case P-01-OO2 Mayor Arp opened the public hearing and read Resolution R-01-1766 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mr. Warren Hagan, applicant, was present to answer questions of the Council. Councilman Taylor moved to approve Resolution R-01-1766. Councilman Feldman seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. 7. READING AND PUBLIC HEARING - Resolution R-01-1767 - A Combination Plat of Town Center Colleyville Phase 1, requested by Patsy Smith, 54.246 acres located at the southeast corner of Colleyville Boulevard and Hall-Johnson Road, Case P-00-068 Mayor Arp opened the public hearing and read Resolution R-01-1767 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 approve Resolution R-01-1767. Councilman Feldman seconded the motion. Ayes: Council persons Short, Taylor, Feldman, Marlin and Mayor Pro Tern Tigue Nays: None Mayor Arp declared the motion carried. CITY COUNCIL MINUTES MARCH 6, 2001 8. READING AND PUBLIC HEARING - Resolution R-D1-1768 - Approval of authorization to the Mayor to enter into a Memorandum of Understanding between the City of Colleyville and the City of Euless for the Reconstruction of Glade Road between State Highway 121 and Heritage Avenue and a Right Turn Lane at State Highway 121 This item was removed. 9. READING AND PUBLIC HEARING - Resolution R-01-1769 - Approval to join the City of Grapevine in opposing DFW Airport's attempt to use publicly held airport land for non-airport related development This item was removed. STAFF REPORTS: 10. QUARTERLY INVESTMENT REPORT There was no action taken on this item. REPORTS 11. PLANNING AND ZONING COMMISSION MINUTES - February 12, 2001 There was no action taken on this item. 12. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 13. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF FEBRUARY 20, 2001 _ Reading and Public Hearing - Resolution R-01-1770 This Resolution was not needed. ADJOURNMENT: 14. ADJOURNMENT There being no further business before the Council, Councilman Feldman moved to adjourn. CITY COUNCIL MINUTES MARCH 6, 2001 Councilman Marlin seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 8:17 p.m. APPROVED THIS DAY OF ,2001, BY A VOTE OF AYES, NAYS, AND ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary cc00 CITY COUNCIL ~m$ AGENDA BRIEFING For mtg. : 03/20/01 CMO Approval: Item # : 3b Resolution # : R-01-1771 DEPT. : PARKS AND RECREATION SUBJECT: Approval of donation of trees for City Park and educational materials from David Bagwell Previous Action: None Reading and Public Hearing On March 5, 2001, the Parks and Recreation Advisory Board unanimously approved to accept a donation of three trees to replace those that died in City Park and educational books for the Parks and Recreation Advisory Board, Tree Board and staff. Recommendation Approval. Attachments . Parks and Recreation Donation Policy (paper only) :d~ i/J?J~ CITY MANAGER Y7?k ;J DEPARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) Exhibit "An City of Colleyville Parks and Recreation Department Donation Policy Statement of Purpose The purpose of this policy is to provide a consistent basis for the consideration and acceptance of donations of equipment, structures, and/or cash to the city's park system: Definitions 1. A donor is a person or an entity that provides a gift, grant or contribution directed to a specific fund, project or event. Donations may include, but are not limited to, money, recreational and capital equipment, landscaping, structures, fencing and art. 2. Facility is all City of Colleyville parks, buildings and amenities. 3. Donation Fund is a special fund established for the purpose of cash contributions for the City of Colleyville park system. Procedures 1. Any person or organization considering making a donation to the City of Colleyville park system should submit a proposal, in writing. to the Parks and Recreation Manager or his/her designee. (See attached Donation Form.) 2. The proposal should include a complete description of the donation, and to the extent applicable, pictures and/or detailed drawings, preferred location of the donation and any necessary installation and/or construction details, value of donation and any stipulations concerning the donation. 3. The following guidelines will be used in consideration of the donor's request: A. The responsibility for all costs related to the design, construction, purchase and installation. B. The design of all donated items for public park use, exposure to vandalism, and wear due to exposure to extreme weather elements. C. Any necessary replacement or repair costs to the item will be the responsibility of the donor. 4. The Parks and Recreation Manager or his/her designee will review the proposal and make any comments and recommendations deemed necessary, 5, The donor must submit a request, in writing, to include the description, size, wording and proposed location of any plaque to be placed on the donated item. The following guidelines will be used for the plaque request: A. The donor will be responsible for all costs related to the design, construction, purchase and installation. B. All plaques shall be made of bronze, or similar approved materials, to reduce vandalism and wear due to exposure to extreme weather elements. C. The plaque will be flush mounted at ground or surface level or as determined appropriate by the Parks and Recreation Manager or his/her designee. D. For the purpose of this policy, no plaques that serve the purpose of advertising will be allowed. In cases where contributions have been in support of the park system, consideration will be given for approving the acknowledgment of the donor{s). 6. The Parks and Recreation Manager or his/her designee will forward all donation proposals along with comments and recommendations to the Parks and Recreation Donation Committee, which shall consist of the President, or their designee, of the city cosponsored youth sports associations and two (2) Parks and Recreation Advisory Board members. 7. The Parks and Recreation Donation Committee will review the proposed donation and make a recommendation to the Parks and Recreation Advisory Board. The Parks and Recreation Advisory Board will submit a recommendation to the City Council for final approval. 8. The City of Colleyville reserves the right to accept or reject any item submitted for approval. 9. The potential donor reserves the right to withdraw the proposed item at any time during the approval process. 10, All item(s) will be considered for acceptance on an item by item basis. 11. All accepted donations to the City's park system will become the property of the City of Colleyville and will be used at the discretion of the city. 2 12. The City of Colleyville reserves the right to modify or remove a donated item as determined necessary by the Parks and Recreation Manager or his/her designee for accessibility, safety and/or ease of maintenance should anyone or combination of the following occur: A. The donated item becomes a hazard to the general public as may be determined by the City. B. Another use more beneficial to the general public occurs. This may include park improvements or future development, relocation or park equipmenVamenities or other use of the property deemed of higher benefit to the general public. C. The City, at its sole discretion, reserves the right to make use of the area should it be necessary for the installation of any public utilities or other public improvements, the relocation of which shall be the responsibility of the City, subject to notification by City of donor{s) 13. All donations, on loan, to the City's park system will remain the property of the donor. 14. A permanent location may be designated in each park site where donations will be recognized with the item donated, the name of the donor and the date. 15. Cash donations will be deposited into a Donation Fund. The Parks and Recreation Donation Committee and the Parks and Recreation Advisory Board will make recommendations to the City Council for the expenditure of these funds. Amended 01/22/99 3 Parks and Recreation Donation Form Proposed Donation Donor(s) Three trees to replace those David Bagwell Company that have died in City Park, 8222 Douglas Avenue, Ste. 60' including planting Dallas, Texas 75225 Books regarding trees for USE by the Colleyville Park Boare, Tree Board, City Staff, etc. Proposed Donation Description (Include a comp4ete description and if applicable, pictures 01' delailed drawings. Attach additiONl ~ges if necessal)'.) Trees: 4" caliper white oak (quercus alba) 4 '!.. ~ercup oak (quercus lyrata) 4" bur oak (quercus macrocarpa) or equivalents approved by State of Texas Urban Forest er Larry Schaapveld Planting: prepare planting site, plant tree, and stake with wate ,-- ing bag Books: Shinner's & Mahler's Illustrated Flora of North Centra Texas, Geo. Diggs, Jr., Barney L. Lipscomb, and Edward F. Gilman Trees for Estimated Value Trees & planting: $4,000.00 Books: $100.00 Unrban & Suburban Landscapes, Edward F. Gilrn n Preferred Location Stlpulatlons City Park none --. Parks and Recreation Donation Form Proposed Donallon Donor(s) Three trees to replace those David Bagwell Company that have died in City Park, 8222 Douglas Avenue, Ste. GOe including planting Dallas, Texas 75225 Books regarding trees for USE by the Colleyville Park Boare, Tree Board, City Staff, etc. Proposed Donation Description [In::lude a complete description and if applicable, pictures Of' ouled drawi1gs. Attach adcfdion3l Pig" if necessary,) Trees: 4" caliper white oak (quercus alba) 4'!'" ~ercup oak (quercus lyrata) 4" bur oak (quercus macrocarpa) or equivalents approved by State of Texas Urban Forest er Larry Schaapveld Planting: prepare planting site, plant tree, and stake with wate .-- ing bag Books: Shinner's & Mahler's Illustrated Flora of North Centra Texas, Geo. Diggs, Jr., Barney L. Lipscomb, and Edward F. Gilman Trees for Estimated Value Trees & planting: $4,000.00 Books: $100.00 Unrban & Suburban Landscapes, Edward F. Gilm n Preferred Location Stipulations City Park none cce0 CITY COUNCIL ~m' AGENDA BRIEFING For mta. : 03/20/01 CMO Approval: . Item # : 3c Resolution # : R-01-1771 Previous Action: None DEPT. : COMMUNITY DEVELOPMENT SUBJECT: Approval of setting a date for a public hearing concerning a request by Colleyville Presbyterian Church to place two additional portable buildings at 715 Cheek Sparger Road - by Consent Reading and Public Hearing Colleyville Presbyterian Church has submitted a request to place two additional temporary buildings on their property at 715 Cheek Sparger Road. They currently have four modular buildings at this location. The Code of Ordinances specifies that the City Council must hold a public hearing prior to considering any request for a permit to move a modular building into or within the City. Approval of this item sets April 3, 2001 as the date for the required hearing. The buildings will be used as classrooms, measure 24' x 64', include HVAC and restrooms, and be located west of the playground area as indicated on the site plan. The portable buildings, manufactured by RamTech, are labeled "New Portable Classroom Buildings" and an arrow on the site plan, Exhibit "A", indicates the location of the two proposed portable buildings. (continued) If~ 7?7ea/~ CITY MANAG~ -- 13 Ba~ DEPA~NT H 0 -~ FINANCIAL REVIEW (IF NECESSARY) Recommendation Approval of setting a public hearing date of April 3. 2001. Attachments . Exhibit "A" - Site Plan - Colleyville Presbyterian Church Agenda Briefing Resolution R-01-1771 Page 2 + LOCATION OF TWO (2) PROPOSED PORTABLE BUILDINGS I - ---- - - tJG cf cf c! ( cJ ~c1 )I~ ~ rI ~ ...... . .. -- c!(d ~f ~ Site Plan - Collepllle Presbyterian Church EXHIBIT "Aft cce0 CITY COUNCIL TmO AGENDA BRIEFING For mta. : 03/20/01 CMO Approval: Item # : 3d Resolution # : R-01-1771 Previous Action: None DEPT. : COMMUNITY DEVELOPMENT SUBJECT: Approval of a Minor Plat of Colleyville Community Center Addition Block 1, Lot 2, requested by the City of Colleyville, 4.363 acres located at 5201 Riverwalk Drive, Case P-01-008 - by Consent Reading and Public Hearing The City of Colleyville is the owner of a 4.363-acre parcel of land located on the future Riverwalk Drive, just south of the Community Center. The City of Colleyville has prepared a Minor Plat of the property for review and consideration by the Planning and Zoning Commission and the City Council. The plat will create one commercial lot for the construction of the new Justice Center. Riverwalk Drive will be constructed as part of the Town Center Colleyville development immediately west of this site. Construction of the Justice Center building is scheduled to begin in March 2001, with a completion date of early 2002. All comments offered by the Colleyville Development Review Committee have been addressed and the plat is ready for consideration. This is a Minor Plat that normally only requires approval by the Planning and Zoning Commission since there is only one ( continued) FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-01-1771 Page 2 lot involved in the development. However, since this is a "city-owned" project, staff recommends the approval of both the Commission and the City Council. Recommendation Approval Attachments · Location map · Plat Location Map Plat i IUf iii iIi !tp Ii iiI 3 t'l! ; I ;a ; ~. ~~ I JftJ IDi!Sl fi ~ f I ~ i! ~ ~' 10 ~ ... I.. II j. m .ka I! ~ S.r I ~ ~ fiJ r I · I I' I ~1 'lhI' I I. I. · . II 1 J , if: I ail I 1 I N 1':& -I' 4'hr !h! I, i 11..00: I !.~ !! i,limiiJ,p./!' IIf.m~ II~~! I~J i sooll !. t J I h 9ij rlilD ifft ~I ~ 111611 is I ~ ~ jiB I I. 8 u'. Ide .-~""'" .,,~ -, _~ -~'Ij=_=i-:i;: If~t~'I..':~I:~II, ~~I.,~:;::; ......I.~.~ '''',," ';~'I'.I~'t;~;,. -. - .--.::-:..:~'~:.~;_:. .. ..~;j" . ... - .... ::;., -. .:.....~:;.i:..~~_.." ~ ..J_::-- . ..:--..."}....':'::=:.. ~ .- J ~. iI. t~1 . ii......' ..' .'I.~~ 'I'~~;_~~:;~: '.' -Illi-I;.~;:~f " :..1::. =:.. . ...:. ~ ,,;, , ~. II f.. . ! . ~ ---=+=- .. ~~t .Il:. .11 @ :.::....-::.c= e ,-- II ~ ! I h :&:J:&______ __T_T~ :&:r.&W1I :&1)'*..... .. ,., ....... '"ICM ---- - "'~":J _..-.- T~ avOH .L3NNOaan"IB l .. u .. ~ I.; Iii ~ E .. 1111 ..21 -II ; . i ~... ~'.~I'("H :'1:L.'.,....,.~ . cce~ CITY COUNCIL ~m' AGENDA BRIEFING For mtg. : 03/20/01 CMO Approval: Item # : 3e Resolution # : R-01-1771 Previous Action: None DEPT. : PARKS AND RECREATION SUBJECT: Approval of an Agreement with Teague Nail and Perkins to prepare a TEA-21 grant application for Little Bear Creek Trail and authorizing the use of Voluntary Park Fund monies in an amount not to exceed $7,200 Reading and Public Hearing In 1999, the City applied for a TEA-21 grant for Little Bear Creek Trail extending from the Colleyville Nature Center to Sparger Park. Unfortunately, the project was not approved for grant funding. The call for project nominations is now open for the Statewide Transportation Enhancement Program provided by The Transportation Equity Act for the 21st Century of 1998. This is the last opportunity to submit applications. On March 5, 2001, the Parks and Recreation Advisory Board unanimously recommended that Teague Nail and Perkins perform the professional services, as defined in the attached proposal, with funding from the Voluntary Park Fund for an amount not to exceed $7,200. ;d~ )??~~ CITY MANAGER J Yrlk V DEPARTMENT HEAD ~!?~ FINANCIAL REVIEW (IF NECESSARY) (continued) Agenda Briefing Resolution R-01-1771 Page 2 of2 Grant applications must be prepared and submitted by June 18, 2001. Financial Voluntary Park Fund (VPF) monies are available for this project. (See attached). Recommendation Approval Attachments · Proposal for Professional Services for Preparation of a TEA-21 Grant (paper only) · Financial Status of Voluntary Park Fund, as of January 31,2001 (paper only) AGREEMENT BETWEEN CONSULTANT' AND CLIENT This Agreement entered into by and between The City of Colleyville, 5400 Bransford Road, City of Colleyville, Texas 76034 (hereinafter called "CLlENr), and Teague Nail and Perkins, Inc., 1100 Macon Street, Fort Worth, Texas 76102 (hereinafter called "CONSULT ANr). WITNESSETH That the CLIENT qoes hereby employ the CONSULTANT to render professional services related to the preparation of a Project Nomination for the Extension of a Trail System alona Little Bear Creek from Collevville Nature Center to Sparaer Park in Collevville. Texas (hereinafter called the "PROJECr) for the 2001 Statewide Transportation Enhancement Program (STEP) Call for Project Nominations, to wit: I. SCOPE A. The scope of work includes the following: 1 . Completion of Nomination Forms, including the preparation of Supporting Information, Exhibits and Estimates. 2. Coordination and Compilation of Supporting Documentation from Various Organizations and Agencies. 3. Coordination of Community Involvement, including Opportunities for Public Participation and Support for projects. 4. Coordination of Submittal to the North Central Texas Metropolitan Planning Organization (MPO) for approval. 5. Coordination of Submittal to TxDOT. B. The scope of work does not include: 1 . Project Development and Implementation. 2. Representation of CLIENT at meetings wI NCTCOG, MPO or TxDOT. II. BASIC SERVICES The CONSUL TANrs Basic Services are as described below. These services will be 1 performed expeditiously and with professional skill and care. A. Completion of 2001 STEP Nomination Forms. 1 . Data collection 2. Research on previous STEP submittals and projects related to the. project being nominated. 3. Provide descriptive narrative of project. 4. Prepare vicinity and project location map for the project. 5. Provide project photographs. 6. Provide site plan, sketches, typical sections, etc. as necessary to present the scope and intent of the project. 7. Prepare project implementation plan/ project timeline. 8. Identify project use and benefits. 9. Prepare itemized budget for the project. 10. Assist in identifying funds to be requested for the project. 11 . Determine the need for property acquisition and provide property acquisition information, as necessary. 12. Identify maintenance and operations responsibilities for project and prepare estimates of annual costs for same. 13. Prepare a brief narrative to describe the environmental consequences of the project. 14. Research permit and clearance requirements for the project. 1 5. Prepare and present a resolution for certification of funding and support for the project. 16. Determine the applicability for the project with regards to any relationship to eligibility for the National Register of Historic Places. B.Coordination and Compilation of Supporting Documentation from Various Organizations and Agencies. 1 . Identify community civic groups and organizations willing to support the project. 2. Identify other organizations or agencies willing to support the project. 3. Provide information, sample letters of support, resolutions, etc. 4. Compile Supporting Documentation. c. Coordination of Community Involvement, including Identifying Opportunities for Public Participation and Support. 1. Coordinate public meetings. 2. Request letters of support from citizens. 3. Provide Information, as necessary regarding proposed project. 4. Prepare article for City's Newsletter. D. Coordination of Submittal to the North Central Texas Metropolitan 2 Organization (MPO) for approval. 1 . Provide copy of Nomination Form to City for review and approval. 2. Submit draft of Nomination to the MPO by 5:00 p.m., May 4, 2001. 3. Respond to comments or questions regarding the project. E. Coordination of Submittal to TxDOT. 1 . Provide copy of final Nomination Form to City for review and approval. 2. Assist the City in determining appropriate priority for the projects. 3. Submit twelve (1 2) copies of the completed Nomination Form for the project to the TxDOT Fort Worth District Office prior to deadline of 5:00 p.m., June 18, 2001. III. CLIENT'S RESPONSIBILITIES A. The CLIENT will provide information about this project and any related projects, including design objectives, project constraints, project criteria, cost estimates, bid tabulations, plans, specifications, etc. for use by the CONSULTANT in preparing project nomination. B. The CLIENT will furnish a legal description and a certified land survey of the project site and obtain the services of soil engineers or other consultants when such services are deemed necessary. C. The CLIENT will furnish required information and will render reviews, approvals and decisions expeditiously for the orderly progress of the CONSULTANT's services and of the Work. IV. BASIS OF COMPENSATION The CLIENT shall compensate the CONSULTANT for the services provided in Article II, "BASIC SERVICES", as outlined below and in accordance with the terms and conditions of this Agreement. A. Basic Services, project expenses, and any approved additional services will be billed monthly. B. If the project is suspended or abandoned in whole or in part for more than ninety (90) days, the CONSULTANT shall be compensated for all services performed up to the date of receipt of written notice from the CLIENT of such suspension or abandonment. If the project is resumed after being suspended for more than ninety (90) days, the CONSULTANT's compensation may be equitably adjusted. 3 c. Failure to honor billings in a timely manner justifies cessation of further service. D. The fees outlined in this Agreement are subject to re-negotiation should the project scope change significantly at any time. E. Compensation for the Basic Services, as described in Article II, shall be on a basis of the following: The CITY agrees to reimburse the CONSULTANT at CONSULTANT's standard hourly rates; or CONSULTANT's standard rates for items provided in-house; or direct expenses time a multiplier or 1.10 for non-labor, subcontract or mileage items. The maximum compensation for Basic Services shall not exceed Seven Thousand. Two Hundred and 00/100 dollars ($7.200.00), unless authorized in writing by the CLIENT. F. For Additional Services, compensation shall be computed as lump sum, or on an hourly basis, as mutually agreeable to both parties. Additional Services shall be any service requested by the CLIENT and provided by the CONSULTANT, which is not specifically included in the Basic Services, as described in Article II. Additional Services shall include, but shall not be limited to: 1 . Property research and real property surveying; 2. Trips and meetings beyond a 100-mile radius of Fort Worth; 3. Subcontract charges, photocopies, plan reproduction, computer charges, etc. not described in the Basic Services; 4. Printing, copying, plotting and document reproduction beyond that required to complete the Basic Services, as described" herein; 5. Soil Investigations and Geotechnical reports; 6. Environmental Assessments; 7. Traffic Study/Analysis. v. OWNERSHIP AND USE OF DOCUMENTS Drawings, as instruments of service, are and will remain the property of the CONSULTANT whether or not the project for which they are prepared is executed. VI. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon thirty days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. .- B. In the event that the project is abandoned, this Agreement may be terminated by 4 the CLIENT upon at least thirty days written notice to the CONSULTANT. C. In the event of termination not the fault of the CONSULTANT, the CONSULTANT will be compensated for all services performed prior to the effective termination date. VII. MISCELLANEOUS PROVISIONS A. This Agreement is governed by the laws of the principle place of business of the CONSULTANT. B. The CLIENT and the CONSULTANT respectively, bind themselves, their. partners, successors, assigns, and legal representatives to the other party in this Agreement with respect to all covenants of this Agreement. Neither the CLIENT nor the CONSULTANT shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. C. Special Provisions to the Agreement are as outlined in the attachment entitled "SPECIAL PROVISIONS", and are hereby incorporated as a binding part of this Agreement. D. The CLIENT and CONSULTANT agree that this Agreement supercedes any and all other Agreements either written or oral. \111I. IDENTIFICATIONS All documents provided under this Agreement and all materials released for publication or public relations shall be identified with the following notation: TEAGUE NALL AND PERKINS, INC. ENGINEERS - SURVEYORS - LANDSCAPE ARCHITECTS - CONSULTANTS IX. SCHEDULE The proposed services shall begin within ten (1 0) working days of authorization to proceed. The CONSULTANT shall accomplish the work in accordance with the schedule established by TxDOT and the MPO. However, it is understood and agreed by the CLIENT that the' objective of all involved in this project is to prepare and submit a quality and complete nomination form, which requires a considerable amount of coordination and cooperation, as well as adequate time to produce. The CONSULTANT's ability to perform this scope of services to the standard 5 represented herein and within the schedule provided is, therefore, dependent upon authorization being given and information being provided and reviewed by others in a timely manner. A detailed calendar of events and milestones will be developed and presented to the CLIENT within ten (10) working days after receipt of written Authorization to Proceed. The final submittal to TxDOT will be made prior to the established deadline of 5:00 p.m., June 18, 2001. This Agreement entered as of the date written below by the CLIENT. Please execute and return a signed copy for our files. Approved by CLIENT: CITY OF COLLEYVILLE, TEXAS Accepted by CONSULTANT: TEAGUE NALL AND PERKINS, INC. By: By: Title: Title: Date: Date: Attest: Attest: 6 SPECIAL PROVISIONS 1. AUTHORIZAnON TO PROCEED Signing this form shall be construed as authorization by CLIENT for TNP, Inc. to proceed with the work, unless otherwise provided for in a separate written authorization. 2. LABOR COSTS TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP, Inc.'s employees for work performed on CLIENTS Project plus a stipulated percentage of such salaries to cover all payrolJ..related taxes, payments, premiums, and benefits. 3. DIRECT EXPENSES TNP, Inc.'s Direct Expenses shall be those costs incurred on or directly for the CLIENTs Project, including but not limited to necessary transportation costs including mileage at TNP, Inc.'s current rate when its, or its employee's, automobiles are used, meals and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by TNP, Inc, 4. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by CLIENT, an additional amount shall be added to the cost of these services for TNP, Inc.'s administrative costs, as provided herein, 5. ENGINEER'S OPINION OF PROBABLE COST Any cost estimates provided by TNP, Inc. will be on a basis of experience and judgment, but since it has no control over market conditions or bidding procedures TNP, Inc. cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. 6. PROFESSIONAL STANDARDS TNP, Inc. shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in CLIENTs community, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials furnished under this Authorization. TNP, Inc. makes no other warranty, expressed or implied. 7. TERMINAnON Either CLIENT or TNP, Inc. may terminate this authorization by giving 30 days written notice to the other party. In such event CLIENT shall forthwith pay TNP, Inc. in full for all work previously authorized and performed prior to effective date of termination, If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 8. ARBITRAnON All claims, disputes, and other matters in question arising out of, or relating to, this Authorization or the 15. 16. 4 breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining, Either CLIENT or TNP, Inc. may initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration arising out of, or relating to this Authorization shall include, by consolidation, joinder, or in any other manner, any additional party not a party to this Authorization. 8. LEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created, the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 10. PAYMENT TO TNP, INC. Monthly invoices will be issued by TNP, Inc. for all work performed under the terms of this agreement. Invoices are due and payable on receipt. Interest at the rate of 1 %% per month will be charged on all past-due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted bylaw. 11. UMITAnON OF UABILITY TNP, Inc.'s liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this agreement. 12. ADDITIONAL SERVICES Services in addition to those specified in Scope will be provided by TNP, Inc. if authorized in writing by CLIENT. CLIENT will pay for additional services as indicated in attached Basis of Compensation or as negotiated. 13. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax ~ not included in the above proposed fee. Sales tax at an applicable rate will be indicated on invoice statements. 14. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, n01 N. Lamar, Suite 400, Austin, Texas 78752, (512) 452-9427. INV AUDITY CLAUSE In case anyone or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. PROJECT SITE SAFETY TNP, Inc. has no duty or responsibility for project site safety during construction. RNANCIAl STATUS OF VOLUNTARY PARK FUND.AT 01-31-2001 . $278,220 FUND BALANCE AT e-3O-OO: FY 2001 REVENUE Donations: PROJECTED ACTUAL October 59,918 59,918 November 59,129 59.129 December 59,363 59,363 January 59,897 59,897 February 59.250 50 March 59,300 50 April 59,300 SO May 59,350 50 June 59,"00 SO July 59,"50 50 August 59.500 SO September 59,550 50 City Park Sign Revenue 51,800 SO Total Donations 5115,207 $38,307 Interest income Received 512.000 51,789 TOTAL 5127,207 $40,096 FY 2001 EXPENDITURES RECOMMENDED (BOARD) BALANCE OF C'VILLE MIDDLE SCHOOL UGHTlNG ++ BALANCE OF L.D, LOCKETT HOUSE IMPROVEMENTS << BALANCE OF PLEASANT RUN PRACTICE MASTER PLAN && COTTONBEL T PHASE II LOCAL MATCH && COTTONBEL T PHASE I LOCAL MATCH GO SPARGER PARK TRAil GRANT LOCAL MATCHOC 58,100 55,635 $2,850 $41.236 $48.000 519,123 TOTAL 512",94<1 UNENCUMBERED FUND BALANCE AT 01-31-2001 (COUNCIL APPROVED) PROJECTED FUND BALANCE AT 9-30-2001 EXPENDITURE KEY: ++ FY 2000 PROJECT/APPROVED JULY 96 << FY 2001 PROJECT/APPROVED SEPT 99 && FY 2001 PROJECT/APPROVED OCT 99 ~~ FY 2001 PROJECT/APPROVED MAY 2000 A~PROVED EXPENDED (COUNCIL) ----- --- 58,100 50 55.635 51,509 52,850 50 $41,236 SO $48,000 SO 519,123 50 ====== ---- 512",94<1 51,509 5193,372 5280,"83 cce0 CITY COUNCIL ~w' AGENDA BRIEFING For mtg. : 03/20/01 CMO Approval: Item # : 3f Resolution # : R-01-1771 Previous Action: None DEPT. : PARKS AND RECREATION SUBJECT: Approval of an Agreement with Teague Nail and Perkins to prepare a TEA-21 grant application for Cottonbelt Trail extension and authorizing the use of Voluntary Park Fund monies in an amount not to exceed $7,200 Reading and Public Hearing In 1996, the City applied for an ISTEA grant for the Cottonbelt Trail, Phase 1, which is from John McCain Road to Bettinger Road, and received grant funding. In 1999, the City applied for a TEA-21 grant for Cottonbelt Phase II, from Bettinger Road to Colleyville City limits and received grant funding. The call for project nominations is now open for the Statewide Transportation Enhancement Program provided by The Transportation Equity Act for the 21 st Century of 1998. This is the last opportunity to submit applications. x4~ 7??~ CITY MANAGER mL~ p,/ DEPARTMENT HEAD ~ !?~L~ FINANCIAL REVIEW (IF NECESSARY) ( continued) Agenda Briefing Resolution R-01-1771 Page 2 of 2 This grant application will be for Phase III from John McCain Road to Big Bear Creek in Colleyville. On Mar.ch 5, 2001, the Parks and Recreation Advisory Board unanimously recommended that Teague Nail and Perkins perform the professional services, as defined in the attached proposal, with funding from the Voluntary Park Fund for an amount not to exceed $7,200. Grant applications must be prepared and submitted by June 18, 2001. Financial Voluntary Park Fund (VPF) monies are available for this project. (See attached). Recommendation Approval. Attachments · Proposal for Professional Services for Preparation of a TEA-21 Grant (paper only) · Financial Status of Voluntary Park Fund, as of January 31,2001 (paper only) AGREEMENT BETWEEN CONSULTANT AND CLIENT This Agreement entered into by and between The City of Colleyville, 5400 Bransford Road, City of Colleyville, Texas 76034 (hereinafter called "CLlENr), and Teague Nail and Perkins, Inc., 1100 Macon Street, Fort Worth, Texas 76102 (hereinafter calle.d "CONSULT ANr). WITNESSETH That the CLIENT does hereby employ the CONSULTANT to render professional services related to the preparation of a Project Nomination for the Continuation of the Trail System . alona S.H. 26. from John McCain Road to Bia Bear Creek in Collevville. Texas (hereinafter called the "PROJECr) for the 2001 Statewide Transportation Enhancement Program (STEP) Call for Project Nominations, to wit: I. SCOPE A. The scope of work includes the following: 1 . Completion of Nomination Forms, including the preparation of Supporting Information, Exhibits and Estimates. 2. Coordination and Compilation of Supporting Documentation from Various Organizations and Agencies. 3. Coordination of Community Involvement, including Opportunities for Public Participation and Support for projects. 4. Coordination of Submittal to the North Central Texas Metropolitan Planning Organization (MPO) for approval. 5. Coordination of Submittal to TxDOT. B. The scope of work does not include: 1 . Project Development and Implementation. 2. Representation of CLIENT at meetings wi NCTCOG, MPO or TxDOT. II. BASIC SERVICES The CONSULTANT's Basic Services are as described below. These services will be 1 performed expeditiously and with professional skill and care. A. Completion of 2001 STEP Nomination Forms. 1 . Data collection 2. Research on previous STEP submittals and projects related to the project being nominated. 3. Provide descriptive narrative of project. 4. Prepare vicinity and project location map for the project. 5. Provide project photographs. 6. Provide site plan, sketches, typical sections, etc. as necessary to present the scope and intent of the project. 7. Prepare project implementation plan/ project timeline. 8. Identify project use and benefits. 9. Prepare itemized budget for the project. 10. Assist in identifying funds to be requested for the project. 1 1 . Determine the need for property acquisition and provide property acquisition information, as necessary. 1 2. Identify maintenance and operations responsibilities for project and prepare estimates of annual costs for same. 1 3. Prepare a brief narrative to describe the environmental consequences of the project. 14. Research permit and clearance requirements for the project. 15. Prepare and present a resolution for certification of funding and support for the project. 1 6. Determine the applicability for the project with regards to any relationship to eligibility for the National Register of Historic Places. B. Coordination and Compilation of Supporting Documentation from Various Organizations and Agencies. 1 . Identify community civic groups and organizations willing to support the project. 2. Identify other organizations or agencies willing to support the project. 3. Provide information, sample letters of support, resolutions, etc. 4. Compile Supporting Documentation. c. Coordination of Community Involvement, including Identifying Opportunities for Public Participation and Support. 1. Coordinate publiC meetings. 2. Request letters of support from citizens. 3. Provide Information, as necessary regarding proposed project. 4. Prepare article for City's Newsletter. D. Coordination of Submittal to the North Central Texas Metropolitan 2 Organization (MPO) for approval. 1 . Provide copy of Nomination Form to City for review and approval. 2. Submit draft of Nomination to the MPO by 5:00 p.m., May 4, 2001. 3. Respond to comments or questions regarding the project. E. Coordination of Submittal to TxDOT. 1 . Provide copy of final Nomination Form to City for review and approval. 2. Assist the City in determining appropriate priority for the projects. 3. Submit twelve (12) copies of the completed Nomination Form for the project to the TxDOT Fort Worth District Office prior to deadline of 5:00 p.m., June 18, 2001. III. CLIENT'S RESPONSIBILITIES A. The CLIENT will provide information about this project and any related projects, including design objectives, project constraints, project criteria, cost estimates, bid tabulations, plans, specifications, etc. for use by the CONSULTANT in preparing project nomination. B. The CLIENT will furnish a legal description and a certified land survey of the project site and obtain the services of soil engineers or other consultants when such services are deemed necessary. C. The CLIENT will furnish required information and will render reviews, approvals and decisions expeditiously for the orderly progress of the CONSULTANT's services and of the Work. IV. BASIS OF COMPENSATION The CLIENT shall compensate the CONSULTANT for the services provided in ArticleJI, "BASIC SERVICES", as outlined below and in accordance with the terms and conditions of this Agreement. A. Basic Services, project expenses, and any approved additional services will be billed monthly. B. If the project is suspended or abandoned in whole or in part for more than ninety (90) days, the CONSULTANT shall be compensated for all services performed up to the date of receipt of written notice from the CLIENT of such suspension or abandonment. If the project is resumed after being suspended for more than ninety (90) days, the CONSULTANT's compensation may be equitably adjusted. 3 C. Failure to honor billings in a timely manner justifies cessation of further service. . D. The fees outlined in this Agreement are subject to re-negotiation should the project scope change significantly at any time. E. Compensation for the Basic Services, as described in Article II, shall be on a basis of the following: The CITY agrees to reimburse the CONSULTANT at CONSULTANT's standard hourly rates; or CONSULTANT's standard rates for items provided in-house; or direct expenses time a multiplier or 1.10 for non-labor, subcontract or mileage items. The maximum compensation for Basic' Services shall not exceed Seven Thousand. Two Hundred and 00/100 dollars ($7.200.00), unless authorized in writing by the CLIENT. F. For Additional Services, compensation shall be computed as lump sum, or on an hourly basis, as mutually agreeable to both parties. Additional Services shall be any service requested by the CLIENT and provided by the CONSULTANT, which is not specifically included in the Basic Services, as described in Article II. Additional Services shall include, but shall not be limited to: 1 . Property research and real property surveying; 2. Trips and meetings beyond a 1 DO-mile radius of Fort Worth; 3. Subcontract charges, photocopies, plan reproduction, computer charges, etc. not described in the Basic Services; 4. ,Printing, copying, plotting and document reproduction beyond that required to complete the Basic Services, as described herein; 5. Soil Investigations and Geotechnical reports; 6. Environmental Assessments; 7. Traffic Study/Analysis. v. OWNERSHIP AND USE OF DOCUMENTS Drawings, as instruments of service, are and will remain the property of the CONSULTANT whether or not the project for which they are prepared is executed. VI. TERMINATION OF AGREEMENT A. This Agreement may be terminated by either party upon thirty days written notice should the other party fail substantially to perform in accordance with its terms through no fault of the party initiating the termination. B. In the event that the project is abandoned, this Agreement may be terminated by 4 the CLIENT upon at least thirty days written notice to the CONSULTANT. C. In the event of termination not the fault of the CONSULTANT, the CONSULTANT will be compensated for all services performed prior to the effective termination date. VII. MISCELLANEOUS PROVISIONS A. This Agreement is governed by the laws of the principle place of business of the CONSULTANT. B. The CLIENT and the CONSULTANT respectively, bind themselves, their. partners, successors, assigns, and legal representatives to the other party in this Agreement with respect to all covenants of this Agreement. Neither the CLIENT nor the CONSULTANT shall assign, sublet or transfer any interest in this Agreement without the written consent of the other. C. Special Provisions to the Agreement are as outlined in the attachment entitled "SPECIAL PROVISIONS", and are hereby incorporated as a binding part of this Agreement. D. The CLIENT and CONSULTANT agree that this Agreement supercedes any and all other Agreements either written or oral. VIII. IDENTIFICATIONS All documents provided under this Agreement and all materials released for publication or public relations shall be identified with the following notation: TEAGUE NALL AND PERKINS, INC. ENGINEERS - SURVEYORS - LANDSCAPE ARCHITECTS - CONSULTANTS IX. SCHEDULE The proposed services shall begin within ten (1 0) working days of authorization to proceed. The CONSULTANT shall accomplish the work in accordance with the schedule established by TxDOT and the MPO. However, it is understood and agreed by the CLIENT that the objective of all involved in this project is to prepare and submit a quality and complete nomination form, which requires a considerable amount of coordination and cooperation, as well as adequate time to produce. The CONSULTANT's ability to perform this scope of services to the standard 5 represented herein and within the schedule provided is, therefore, dependent upon authorization being given and information being provided and reviewed by others in a timely manner. A detailed calendar of events and milestones will be developed and presented to the CLIENT within ten (10) working days after receipt of written Authorization to Proceed. The final submittal to TxDOT will be made prior to the established deadline of 5:00 p.m., June 18, 2001. This Agreement entered as of the date written below by the CliENT. PI~ase execute and return a signed copy for our files. Approved by CLIENT: CITY OF COLLEYVILLE, TEXAS Accepted by CONSULTANT: TEAGUE NALL AND PE~KINS, INC. By: By: Title: Title: Date: Date: Attest: Attest: .' 6 SPECIAL PROVISIONS 1. AUTHO~TIONTOPROCEED Signing this form shall be construed as authorization by CLIENT for TNP, Inc. to proceed with the wor1\:, unless otherwise provided for in a separate written authorization. 2. ,LABOR COSTS TNP, Inc.'s Labor Costs shall be the amount of salaries paid TNP, Inc. 's employees for work performed on CLIENTS Project plus a stipulated percentage of such salaries to cover all payroll-related taxes, payments, premiums, and benefits. 3. DIRECT EXPENSES TNP, Inc.'s Direct Expenses shall be those costs incurred on or directly for the CLlENrs Project. including but not limited to necessary transportation costs including mileage at TNP, Inc.'s current rate when its, or its employee's, automobiles are used, meals and lodging, laboratory tests and analyses, computer services, word processing services, telephone, printing and binding charges. Reimbursement for these EXPENSES shall be on the basis of actual charges when furnished by commercial sources and on the basis of usual commercial charges when furnished by TNP, Inc. 4. OUTSIDE SERVICES When technical or professional services are furnished by an outside source, when approved by CLIENT, an additional amount shall be added to the cost of these services for TNP, Inc.'s administrative costs, as provided herein. 5. ENGINEER'S OPINION OF PROBABLE COST Any cost estimates provided by TNP, Inc. will be on a basis of experience and judgment, but since it has no control over mar1\:et conditions or bidding procedures TNP, Inc. cannot warrant that bids or ultimate construction costs will not vary from these cost estimates. f:. PROFESSIONAL STANDARDS TNP, Inc, shall be responsible, to the level of competency presently maintained by other practicing professional engineers in the same type of work in CLlENrs community, for the professional and technical soundness, accuracy, and adequacy of all design, drawings, specifications, and other work and materials fumished under this Authorization. TNP, Inc, makes no other warranty, expressed or implied. 7. TERMINATION Either CLIENT or TNP, Inc. may terminate this authorization by giving 30 days written notice to the other party, In such event CLIENT shall forthwith pay TNP, Inc. in full for all war1\: previously authorized and performed prior to effective date of termination. If no notice of termination is given, relationships and obligations created by this Authorization shall be terminated upon completion of all applicable requirements of this Authorization. 8. ARBITRATION All claims, disputes, and other matters in question arising out of, or relating to, this Authorization' or the 15. 16. 4 breach thereof may be decided by arbitration in accordance with the rules of the American Arbitration Association then obtaining. Either CLIENT or TNP, Inc. may initiate a request for such arbitration, but consent of the other party to such procedure shall be mandatory. No arbitration arising out of, or relating to this Authorization shall include, by consolidation, joinder, or in any other manner, any additional party not a party to this Authorization. 9. LEGAL EXPENSES In the event legal action is brought by CLIENT or TNP, Inc. against the other to enforce any of the obligations hereunder or arising out of any dispute concerning the terms and conditions hereby created. the losing party shall pay the prevailing party such reasonable amounts for fees, costs and expenses as may be set by the court. 10. PAYMENT TO TNP,INC. Monthly invoices will be issued by TNP, Inc. for all work performed under the terms of this agreement. Invoices are due and payable on receipt. Interest at the rate of 1 Y..% per month will be charged on all past-due amounts, unless not permitted by law, in which case, interest will be charged at the highest amount permitted bylaw. 11. LIMITATION OF LIABILITY TNP, lnc.'s liability to the CLIENT for any cause or combination of causes is in the aggregate, limited to an amount no greater than the fee earned under this agreement. 12. ADDmONAL SERVICES Services in addition to those specified in Scope will be provided by TNP, Inc. if authorized in writing by CLIENT. CLIENT will pay for additional services as indicated in attached Basis of Compensation or as negotiated. 13. SALES TAX In accordance with the State Sales Tax Codes, certain surveying services are taxable. Applicable sales tax ~ not included in the above proposed fee. Sales tax at an applicable rate will be indicated on invoice statements. 14. SURVEYING SERVICES In accordance with the Professional Land Surveying Practices Act of 1989, the CLIENT is informed that any complaints about surveying services may be forwarded to the Texas Board of Professional Land Surveying, 7701 N. Lamar, Suite 400, Austin, Texas 78752, (512) 452-9427. INVALIDITY CLAUSE In case anyone or more of the provisions contained in this Agreement shall be held illegal, the enforceability of the remaining provisions contained herein shall not be impaired thereby. PROJECT SITE SAFETY TNP, Inc. has no duty or responsibility for project site safety during construction. FINANCIAL STATUS OF VOLUNTARY PARK FUND AT 01-31.2001 FUND BALANCE AT 9-30-00: FY 2001 REVENUE Donations: PROJECTED ACTUAL October 59,918 59,918 November 59.129 59,129 December $9,363 $9,363 January 59,897 $9,897 February $9.250 $0 March 59,300 $0 April $9,300 $0 May $9,350 $0 June 59,400 $0 July 59,450 $0 August $9,500 50 September $9,550 $0 City Park Sign Rev.enue $1,800 $0 Total Donations $115,207 538,307 Interest income Received $12.000 51,789 TOTAL $127,207 540,096 $278,220 FY 2001 EXPENDITURES RECOMMENDED (BOARD) BALANCE OF CVILLE MIDDLE SCHOOL LIGHTING ++ BALANCE OF L.D. LOCKETT HOUSE IMPROVEMENTS << BALANCE OF PLEASANT RUN PRACTICE MASTER PLAN && COTTONBEL T PHASE II LOCAL MATCH && COTTON BEL T PHASE I LOCAL MATCH H SPARGER PARK TRAIL GRANT LOCAL MATCH~~ $8,100 55,635 $2.850 541,236 548,000 519,123 TOTAL 5124.944 UNENCUMBERED FUND BALANCE AT 01-31-2001 (COUNCIL APPROVED) PROJECTED FUND BALANCE AT 9-30-2001 J EXPENDITURE KEY: ++ FY 2000 PROJECT/APPROVED JULY 96 << FY 2001 PROJECT/APPROVED SEPT 99 && FY 2001 PROJECT/APPROVED OCT 99 @@ FY 2001 PROJECT/APPROVED MAY 2000 ~PPROVED (COUNCIL) $8,100 $5,635 $2,850 541,236 548,000 $19,123 $124,944 EXPENDED 50 51,509 $0 50 $0 $0 $1.509 5193,372 $280.483 cce0 CITY COUNCIL ~m' AGENDA BRIEFING For mta. : 03/20/01 CMO Approval: Item # : 4 Ordinance # : 0-01-1272 Previous Action: None DEPT. : CITY MANAGER'S OFFICE SUBJECT: Amending Section 2 of 0-00-1236; authorizing the expenditure of up to $400,000 for Railroad Crossing Warning Devices Second Reading and Public Hearing Backqround On March 6, 2001, the City Council requested that staff provide additional information and options for consideration for the installation of railroad crossing warning devices. Staff plans to present this information to the Council for consideration at the April 3, 2001 City Council meeting. . Recommendation Staff recommends that the City Council hold the public hearing and TABLE Ordinance 0-01-1272. ~ 'h7~~ ~7\rriJJ~ DEPARTMENT EAD ~~/ --- ~INANCIAL REVIEW (IF NEC.ESSARY). (continued) Agenda Briefing Ordinance 0-01-1272 Page 2 First Reading and Public Hearing Backoround One of the goals of the City is to implement a "whistle ban" on the Cottonbelt rail users through Colleyville. Proposed has been to install "quad" gates at each of the crossings. The extra two gates, in addition to the traditional two gates, would make the crossing practically impossible for vehicles to circumvent the gates. The City of Colleyville and the Texas Department of Transportation (TxDOT) Fort Worth District has been working the last five years to install crossing warning devices (gates). TxDOT has the funding in place for the installation of the typical two gates at each crossing. The funding is the Federal Railroad Signal Project where 90% of the cost is paid by the Federal Government and 10% by TxDOT. Any additional enhancements such as additional gates or pedestrian gates will have to be funded by the City of Colleyville. The Federal Railroad Administration (FRA) promulgated rules in spring 2000 concerning requirements for whistles/train horns at at-grade public and private road crossings. Quad-gates are one of the proposed methods for municipalities to institute a whistle ban. Before the rules are effective, there is a one-year public hearing period and then six months of publication in the Federal Register. Therefore, the earliest the rules will be official is fall 2001. However, January 23, 2001, the area FRA office reported that the new administration delayed the effective date, Dallas Area Rapid Transit (DART) is the owner of the Cottonbelt Right-of-Way (ROW) and Fort Worth and Western Railroad has an "Agreement for Use", therefore, both entities require approval of plans and permits or agreements before improvements can be constructed. TxDOT has an agreement with DART and the Railroads for improvements to at-grade crossings. The Railroad must comply with state and federal regulations in the use of whistles/train horns at Colleyville's three (3) public highway- railroad intersections. The Texas Transportation Code, section 471.006 (e) provides for cities over 5,000 in population to impose by ordinance a whistle ban. The Colleyville Code, section 94-4 Railroads, (b) Soundino of whistles does provide that "(1) No railroad whistle shall be blown or sounded within the corporate limits of the city, except as follows: a. at ":..such crossing (that) is not protected by automatic crossing gates, ... II (See attached copy of Code..) Agenda Briefing Ordinance 0-01-1272 Page 3 On January 31,2001, Mr. Jim Martin, President and Chief Operating Officer, confirmed via letter (see attached) that the Fort Worth and Western Railroad will conform to the current Transportation Code, Le., Colleyville's adopted whistle ban ordinance and the crossings are protected by automatic crossing gates, which the quad gates will provide, The Railroad will need to follow the future rules of the Federal Railroad Administration when the new rules become effective. Financial Impact As all of the Railroad crossings are in Area 2 of the Roadway Impact Fee program, Area 1 Roadway Impact Fees cannot be used. The remaining Area 2 Roadway Impact Fees are assigned to the construction of John McCain Road. Perimeter Street Fees can only be used on the designated streets for which they have been collected. Therefore, the only source of funding for the Railroad Crossing Project is the General Fund. The actual end of FY 2000 General Fund balance was $5,915,552. If City Council amends the FY 2001 General Fund appropriation from $11,520,790 (Ordinance 0-00-1236) to $11,920,790 by the addition of $400,000 for the Railroad Crossing Warning Devices, two resolutions will be placed on the March 20, 2001 City Council agenda. The first would authorize Railroad Controls Limited, an exclusive contractor for signal maintenance and construction with Fort Worth and Western Railroad, to install the two additional vehicle gates and the pedestrian gates at each of the three public crossings. Secondly, to authorize a "Cost Reimbursement Interlocal Agreement" with Dallas Area Rapid Transit, which has an exclusive contract with Gilbert May Corporation for the construction of the concrete planking required. The total cost to the City for the two contracts will not exceed $400,000. Project construction is expected to begin three to four months after approval of the contracts. Recommendation Approval of Ordinance 0-01-1272 to amend Section 2 of Ordinance 0-00-1236 to add $400,000 to the General Fund appropriations for the Railroad Crossing Warning Devices project. Attachments · Colleyville Code-Railroads (paper copy only) · Letter from Fort Worth and Western Railroad dated Jan. 31, 2001 (paper copy only) Agenda Briefing Ordinance 0-01-1272 Page 4 . Letter from Fort Worth and Western Railroad dated Dec. 22, 2000 (paper copy only) . Capital Improvement Project Detail - John McCain, Pleasant Run RD. & Bransford Rd. Railroad Crossings (paper copy only) . 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WESTERN RAILROAD A Tarantula Corporation Company January 31, 2001 Mr. Bob Whitehead City of Colleyville 5400 Bransford Rd. ColleyvilJe, TX 76034 Dear Mr. Whitehead: This will confirm your conversation with Mr. Steve George on January 2~, 2001, concerning the establishment of a -quiet zone-, if the City of CoIleyville installed quad-gate aossing protection. This letter will also modify our position stated in Mr. George's letter to you dated January 26, 2001. As discussed, there is a FRA Notice of Proposed Rule Making (NPRM) currently under review that has some proposed changes in the federal law governing the use of locomotive whistles or horns at grade crossings. Until this becomes a final rule published in the Federal Register, we are not sure what changes will be made. The Texas Transportation Code, section 471.006 contains a provision allowing local governments to "regulate- the use of locomotive whistles at public road crossings. The current federal law does not preempt local and state government regulations concerning the use of locomotive whistles and bells at public road crossings. Therefore, FWWR is willing to abide by a City of Colleyville Ordinance establishing a "quiet zone-, if quackJate crossing protection is installed at all publiC road crossings within the "quiet zone- and we receive a letter agreeing to limit our liability at these aossings due to the banning of locomotive whistles and bells within "quiet zone-. It is understood that any future final rule published in the Federal Register or future state law applying to the use of locomotive whistles, horns or bells that preempts the establishment of a -quiet zone-, said rule or law will govern. S:;i%jf4 ~ M. Martin President & COO 6300 Ridglea Place, Suite 1200, Fort Worth, TX 76116-5738 Pboae 817-763-8297 Fu 817-738-9657 raBT IDITI &IISTIII UILI04D A Tarantula Corporation Company December 22. 2000 Mr. Bob Whitehead Director of Public Services City of Colleyville 5400 Bransford Road Colleyville. TX 76034 Re: Crossings at Bransford Road. Pleasant Run Road and John McC~in Road Dear Mr. Whitehead: The Fort Worth & Western Railroad has an agreement with Railroad Controls Limited stating that they are our exclusive contrador for signal maintenance and construction. Very truly yours, I /~../~cL1.t_. tJd~ Sondra Y. Nations Administrator 000 RidgJea Place. Suite 1200. Fon Worth. TX 76116 Pboae 117-763-1297 Fu 117-731-9657 City Devetopment Capital Improvement Project DetaO Project Title: John McCain, Pleasant Run Rd., & Bransford Rd. Railroad Crossinas Engineering Railraod Controls Umited Project Number: ST -97-009 Department: Construction Firm: Priority: Project Manager: Chris Steublng Desian Consultant: TxOOT DescriDfion & Location: Upgrades to the eXisting crossing at John McCain Road, Pleasant Run Rd. and Bransford Rd. including installation of lights and guard arms Spacing at the crossing will be improved. TxOOT is designing and installing all signals and. arms. Colleyville is purchasing additional crossing arms to establish the quad gate setup for all three crossings in Colleyville to prohibit the whistle nUisance. The City will be responsible financially for two additional gates and necessary wiring and other associated costs with the quad gate design. PUfDoselJustlfication: These Improvements will enhance safety at railroad crossings and intersections by creating increased visibility, which increases warning time. These improvements will also relieve traffic congestion, Eliminating the stop signs at these locations will allow for free flOWing traffic at the crossings and will increase safety at all three locations. Cost FY99/00 Cand prior. FYOOlO1 Future Total Cost Planning Deslcm 0 Testrno I Inspection 0 Land Aoulsrtlon 0 Construction 0 EoulPment 400,000 400,000 Total Cost 0 400.000 0 400.000 I. Fundina FY99/00 tand priorI FY00l01 Future Total Cost . ~rea #2 Roadwav Impact 0 0 General Fund Operating Budoet 400,000 400.000 L'nfunded Total Funding Necessary 0 0 400.000 0 400.000 Impact on Operating Budget FY 00/01 Budaet FY 01102 Plllnned FY 02103 Planned Total c - Personnel - -Contractual 400.000 0 ...- ~ ;-~ -:SUDDlieS 400.000 -- - -. ~. -cerial 0 T.otal 400.000 0 0 0 400.000 ORDINANCE 0-01-1272 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, RELATING TO FISCAL YEAR 2001 BUDGET BY AMENDING SECTION 2 OF ORDINANCE 0-00-1236; PROVIDING AN EFFECTIVE DATE. WHEREAS, there was an excess of revenues over expenditures in Fiscal Year 2000 and there were various items not funded in the approved Fiscal Year 2001 budget, the 2000 addition to fund balance could be used to fund the Capitol ProjeCt to construct at-grade crossing warning devices at the three public crossings in Colleyville, in the amount of $400,000; and WHEREAS, the appropriation was not included in the Fiscal Year 2001 Budget approved by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the above premises are found to be true and correct and are hereby incorporated into the body of this Ordinance as if copied in their entirety therein. Sec. 2. THAT appropriations in the annual budget for Fiscal Year 2001, as adopted by Ordinance 0-00-1236 are amended to read as follows: General Fund Utility Fund (Water & Wastewater) Debt Service Fund Drainage Utility Fund $11,920,790 $ 7,791,611 $ 2,253,811 $ 394,639 Sec. 3. THAT the City Manager is hereby authorized to make the appropriate change to the budget to reflect the changes noted above. Sec. 4. THAT the effective date of this Ordinance shall be immediate upon its passage. Ordinance 0-01-1272 Page 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ,2001. day of The second reading and public hearing being conducted on the ,2001. 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 COUNCIL ~m' AGENDA BRIEFING For mtg. : 03/20/01 CMO Approval: Item # : 5 Ordinance # : 0-01-1273 Previous Action: None DEPT. : COMMUNITY DEVELOPMENT SUBJECT: Zoning Change requested by Matt Torbit, Mady Development, from AG Agriculture to PUD-R Planned Unit Development Residential, on 10.0 acres located at 3508 Glade Road, west of Roberts Road, Case Z-01-005 First Reading and Public Hearing Backqround Matt Torbit, of Mady Development, has applied for a zoning district change on a 10.0- acre parcel of land located on the north side of Glade Road, west of Roberts Road (see Location Map - Attachment #1). The property i's presently owned. by Metroplex Covenant Church. The applicant proposes a zoning change from AG Agricultural to PUD-R Planned Unit Development Residential to allow for the development of 18 single-family residential lots and 2 open space lots. The proposed lots exceed the requirements of the PUD-R zoning district. The smallest lot is 16,408 square feet in area, and the largest lot is 30,808 square feet in area. The average size of the residential lots is 19,935 square feet. (continued) ~tku., 7J?...J~ CITY;r;~ - ~A M THEAD FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-01-1273 Page 2 The following is an analysis of the major issues associated with this zoning request. Single Entrance Design. The Land Development Code requires that any single entry subdivision with more than 12 lots provide an emergency entrance or an alternative entrance as detailed in the Code. At the February 26, 2001 Planning and Zoning Commission meeting, the Colleyville Fire Chief expressed a concern for the number of single-family residential lots served by a single entrance development that has no emergency access provision and also gains its access from Glade Road, a very busy collector street in Colleyville. The Fire Chief was concerned over the potential for an accident at the subdivision entrance blocking emergency vehicle access to the development. The developer agreed to install fire sprinkler systems in each of the homes that are constructed in this subdivision. The Fire Chief is satisfied with this alternate proposal and this requirement has been included in the text of the approving ordinance. Cul-de-sac Length. The Land Development Code requires that a cul-de-sac that exceeds 600 feet in length provide a 56-foot wide right-of-way and 36-foot wide pavement section. The proposed development satisfies these requirements. Open Space Design. The PUD-R zoning district requires that the development provide a minimum of 20% open space for the use of the residents in the development. The proposed layout only provides 4.2% open space. The applicant is requesting a waiver of this requirement as allowed by the Land Development Code. In exchange for the lower open space, the applicant proposes to require a larger minimum and average lot size than is normally required in the PUD-R district. This request is further explained in the attachments provided by the applicant. The Planning and Zoning Commission discussed this waiver of the 20% open space requirement and has recommended approval of the development as submitted by the developer, including the open space waiver. The Planning and Zoning Commission and the City Council have the ability to reduce the open space requirement in any PUD-R, provided it finds the reduction appropriate for the development. Perimeter Fencing. The developer is proposing to construct a six-foot metal ornamental fence with cypress tree plantings to screen the development from adjacent properties. However, at the March 12th Planning and Zoning Commission public hearing, a representative of one of the adjacent property owners expressed concern with the proposed development and requested the Commission to require the developer to construct a masonry screening wall along a portion of the western property line of the development. Agenda Briefing Ordinance 0-01-1273 Page 3 The Planning and Zoning Commission felt that the metal ornamental fence and cypress tree plantings would satisfy the screening concerns and the consistency of the proposed- metal fence would be preferred over a masonry screening wall along a side portion of the development. Staff sent notices of the zoning change to the 15 property owners within 200 feet of the property under consideration (see List of Property Owners - Attachment #2). Staff received one letter of opposition (see letter from adjacent property owner - Attachment #3) and one letter of support (see, Letter of Support - Attachment #4). Impacts 1. Master Plan. The rezoning request is consistent with the Colleyville Master Plan, adopted in 1998, which shows this area as a future single-family residential area. 2. Surrounding Properties. The properties located across Glade Road are zoned RD Duplex and PUD-R, and are developed with single-family residences. The property to the northwest is also zoned RD and used as single-family residences. To the west are single-family residences on large acreage tracts. Metroplex Covenant Church is located east of the site. 3. Infrastructure. The utilities in the area will accommodate the proposed development. The developer will install all water, sewer, paving and drainage improvements to the property as part of the development. 4. Development Trends. Little new development is occurring in the area as most of the lots and parcels contain established single-family residences. 5. Trail System Plan. Sidewalks along Glade Road must conform to the provisions of the Colle wille Pathways Plan for hike and bike trails. The Pathways Plan requires a 10-foot wide trail along Glade Road. The developer is required to construct the trail as part of the public improvements for this property. Sidewalks will also be constructed across the front of each lot by the homebuilder as new homes are constructed. 6. Preliminary Plat. The zoning exhibit included with the proposed ordinance satisfies all the requirements for the preliminary plat. This will allow the developer to proceed directly with the preparation of a final plat and reduce the overall development time for the subdivision upon approval of this zoning request. Agenda Briefing Ordinance 0-01-1273 Page 4 Summary The developer has proposed a very upscale development for this location as described in Attachment #5 - Information Provided by Applicant. The proposed zoning change is consistent with the Land Use Plan, which designates this area as a future single-family' area. The proposed layout and preliminary plat meet the requirements of the land Development Code, with the exception of the 20% open space requirement. Staff's recommendation of denial of this zoning case is based on this project not meeting this technical requirement. The Planning and Zoning Commission and the City Council have the ability to reduce the open space requirement in any PUD-R provided it finds the reduction appropriate for the development. The Planning and Zoning Commission considered this rezoning request at the February 26, 2001 meeting and tabled action to allow the developer to respond to questions regarding the perimeter fencing and issues associated with fire protection. At the March 12, 2001 meeting, the developer responded to these concerns and the Commission recommended approval of the proposed development by a vote of 5 - O. Approval of the attached ordinance incorporates the fencing and fire sprinkler requirements described previously in this agenda briefing. Recommendation Denial due to technical non-compliance with the Land Development Code regarding the 20% open space requirement. Attachments · Location Map - Attachment #1 · List of Property Owners Notified - Attachment #2 · Letter from adjacent property owner - Attachment #3 · letter of support - Attachment #4 · Information Provided by Applicant - Attachment #5 · Planning and Zoning Commission Minutes - Attachment #6 · Proposed Ordinance 0-01-1273 Location Map - Attachment #1 I ~7 _ a _ __ _ .,>> 111., . ..... M \ _ I . I ~., , . b s . 1 I . I-- ..::::::!-:/~ A ~7 aaa-.... I-- . \ 1" ,.-. 1 ~ 11 I I -----i __ ~ I_ ~ay". '"~ nallH 11.1"..1" I ,. HY;i "QAllvw · 7' · ,... .I I . 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T. 1 ~ ~ c-; · J · 1\& "_'~' -:- s I~~ -1---1---t--'--IUI -- -- · ~ ~ -- ~ g"llll' _Do ~ _ .,.......... _ --c;-[=' · - r- '- --.~:k. J fi I . .. . e. '0_' fll!~ .'. · - L r-r'.. ,i +:-' o. ~ I' · . i IS · ~ ... ^ -:- J ~ L~_.' · j - / ~~~' (,':. "':"':' _:~~. "liJEt ~:... € ~ ~ :E., - ~-B'~ 'I' \ 2' : :r: . J . · ., :. II ~ I~ ~ .. ~.. ~ , r --< - - I \ I. - · ~ , .. .. .... \ I ,,/ 0 ~ ~!~OP~~C /lA/lf ~ .. u.,.. . ... ......c List of Property Owners Within 200 Feet - Attachment #2 - Mark J and Jennifer Gaffney 3402 Huntington Drive CoIleyville, TX 76034 Ru...1I J and Elisa Kendzior 3404 Huntington Drive Colleyville, TX 76034 Greg A and Gyna Gober 3406 Huntington Drive CoIleyvllle, TX 76034 Kenneth and Mary Moriarty 5201 Bugle Lane ColleyvNle, TX 76034 Karen Cantrell 3400 Glade Road Colleyville, TX 76034 David L Bailiff Trust 6421 Camp Bowie Blvd Suite 303 Fort Worth, TX 76116 Margaret F Grantham 3408 Glade Road Colleyville, TX 76034 Donald Sand Tien C Jones 3304 Saint A1bans Circle CoDeyville. TX 76034 James P and Sue E Woolnough 1996 Woolnough Living Trust 4904 Eversham Court Steven E and Carolyn J Arendt 4906 Eversham Court Colleyville, TX 76034 Dennis Sand Dewanna Faulkner 4905 Eversham Court Colleyville, TX 76034 Daniel J and Patricia Dooley 4906 Queensbury Way E Colleyville, TX 76034 RUBsell J Rieman 4904 Queensbury Way E COlleyville, TX 76034 Ezequiel Sand EA Argenbright 4905 Queensbury Way E CoIleyville, TX 76034 David and Denise Fuller 4916 Prestwick Drive Colleyville, TX 76034 Case Z-Ol-005 According to the last published Tax Records dated 09-01-00, individuals who own property that is within 2QO-feet of the proposed zoning change requested are listed above. I certify that the parties listed above have been mailed notice of the proposed zoning change request as required by Chapter 211 of the Texas Local Government Code. Notices dated February 16,2001. J. Clayton Husband, AICP Development Coordinator Letter From Adjacent Property Owner - Attachment #3 February 23,2001 Mr. Matt Torbit MADY DEVELOPMENT 1420 West MocIdugbird Lme Suite 500 Dallas, Texas 75247 Dear Mr. Torbit Re: Dn-c...... of'MetrepIa c.n.a. CllIU'dI Tnct. Our coacem with the proposal is that this zoom, c::banae will place. higher dc:nsity dew:Jopment in the middle of m .. zmed fiJr the lowest density in the City of CoUeyville. Ccmequcntly, ~ beli~ that Cl!I'tain lICCClIDIJlOdataos mould be made by thOle..tiag . zmingc:bage fiJr the benefit of thOle who haYe adhc:nd to the low dmsity zoning rules ftom the inceptiOD of the City ma.sta' plan and who relied on the promise oflow density zoning made by the pllllL We 1IDder!tand that the developc:r will build an 8' wall alODg the west boundary of my Idjacalt property!Cplll'8ted &am my property by . Imcbcape b8rrier. It is also our understmding that the wall will CCIIUIist of intcnals of wooden fmee broken by IIl8l/QDJ')' standards. The llIIldscape b8rrier wiD be . row of Leyland cypress trees. This blrria' betwaln my property and the ckMlopmeat is my priDwy CODcem. We are in agrermeat with this proposal in CODcept. The fine points of the plllll that arc material to WI arc the fOllowiDg: I. What will be the tota.1 nmnber of IIWOIU'y standards? What will be the leog1h of the wooden intervals !Cp8I'8Ied by these: stancIarck? My CODcem is that the UlIC of masonry standards be used at least up to the point of my garage and that the plan specify the width and number of masonry standards ex' the length of the intervening wooden sp8DS . 2. How much space will be provided by the developer fir the landscape burier? Leyland cypnlSS is a very acceptable landscape material, and I have no problfID with the wgetation spreadiDg onto my aaeage. HowtMr, the deve10pmeat will obviously have to provide taough space west oftbe wall to aecommodate an irrigatiOD iutallatiOD. 3, We lmderstand that the developer will provide fiJr the care of the landscape b8rrier including irrigatim far 6 mOlllhs. Will the homeowner's U!OciatiOD take respODsibility far milking lIUre the vepatiOD is cared fiJr after this? I have a Leyland c:ypre:u hedge almg the nortbcm boundary of my property. Although relatively drought resistant, these plants require suppJanaltal irrigatiOD in the sandy soil we share with the developmtat 4. It wu CX'iginally represented to us that the west &cing wall would be built piecemeal as the 8 ex' 9lols bordering the west lWI'C sold and dewlloped. This is not acceptable. We believe that the dewlloper should provide fiJr the perimeter boundary as a single project. These arc relatively minex' matUn, of course, but we believe that an IIttractive md adequate boundary between what is a higher dcasity developmcat md our property which is the lowest density zoaing in the city is appropriate. Although we believe that it wuuld be appropriate ilr the City to maintain more low density residential zoning, it is obvious that the trcod in Colleyville is to the mrtrary. In light of this, ~ believe that iftbe questiODS raised hue are adequately addre:ued then: mould be DO opposition to the approval of the plat OD our part. Sincerely ~~.,d..,~ Margaret GnntIwn 3408 Glade Road eoUcyville, TX 76034 817283-1280 ECEIVE .. r:cq l 6 ZOOl .. CITY OF COllEYVILLE BY COMMUNITY DEVELOPMENT Letter of Support - Attachment #4 . .....,.. ....,,. ...,,.., . Planning ~nd Zoning Commission CoUeyville. TX 76U34 O:munissioo Members: RefeR:nc:c Zonin~ Case Z-o...oO,. lam the owner of, and resident in, the ."1UU footer" property shown above. J suppon the re:zonina as J'Cq1Zested by Mady Development Corp. from AG to PUD-R.. as Ionl as tbe approval includes language relricting litis plOpl;t1y 10 sinBle ramily detached, as specified in the MacIy lettu of Feb. 21. sipec1 by Matt Torbit.. to Mr. Clayton Husband, CoJlcyvi.lle lleYeIop..~ Cootdinator. Sincerely. 1 (.Jr--.... ~ ',~ ~ :mes P. WooInough Information Provided by Applicant - Attachment #5 STATEMENT OF PLANNING OBJECTIVES The applicant is proposing a PUD-R residential development with a reduction to the Common Open Space. As stated in Chapter 3.23F of the Colleyvil/e Land Development Code. .said open space may be varied downward by the City Planning and Zoning Commission and City Council when a lesser amount of such open space would be more appropriate to the density of development or size of families or households proposed in the project". In return, this PUD-R would require larger lots: 16,000 square foot minimum and a 20,000 square foot average. The applicant believes that larger lots are of greater benefit to the potential homeowners, a greater benefit to the surrounding property owners and to the City as they will generate higher tax valuations as compared to a standard PUD- R subdivision. All open space would be owned and maintained by a HOA formed by the applicant for this 18 lot subdivision. The applicant generated several different lot layouts during their studies of the property. Because of the size and shape of this tract. all of the studies providing greater open space resulted in one of more of the following: greater loss of trees; loss of the curvilinear street; lots 20% to 35% smaller than the proposed average; lots narrower than 100 feet in width; and an open space that was not contiguous. This proposed subdivision is surrounded by AG zoning on its west. north and east boundaries. The north and east sides are used for church facilities. The west adjoining properties are used as residential. To the south is RD zoning, however, this tract has been developed as single family detached homes with an average lot size just over 12,000 square feet. In the immediate area, the lots sizes proposed for Beverly Glen are nearly identical to those found in Prestwick Park and Ashmore. The proposed lot sizes far exceed those in Fox Meadows (also zoned RD) and exceed all but 2 of the 9 phases of Woodland Hills. Also. this tract is rectangular in shape with only the narrow side of the rectangle fronting on an existing ROW. As a result, the applicant is requesting to plat 18 lots on the proposed cul-de-sac; however, the applicant is also proposing a street of a curvilinear design and front setbacks that conform to the RE and R40 zoning districts. The applicant is not requesting a variance from any other portion of the ordinance governing street design and widths as set forth in the eolleyville Land Development Code. Finally, the applicant is requesting that the general location of the architectural entry features and associated masonry walls shown in the attached exhibits be included in this PUD-R ordinance. ' \J.flcL.-- Matt Torbit, MOOy Development, L.P. Information Provided by Applicant - Attachment #5 (page 2) DEVELOPMENT SCHEDULE With the submittal of this zoning application to the City of Colleyville on January 2611l, below is the anticipated schedule for approvals and development. 26 January Submittal of Zoning Application and Preliminary Plat 26 February Presentation of zoning case at Planning and Zoning CommiSsion 20 March Presentation of zoning case at Council Meeting - First Reading 3 April Presentation of zoning case at Council Meeting - Second Reading 3 May Submittal of Construction Drawings 2 July Release for Start of Construction 14 September Completion of Utilities 22 October Completion of Paving 19 November Final Inspection Approval STATEMENT OF PROPOSED OWNERSHIP The applicant will fonn an entity for the purchase and development of this property. That entity will sell the lots to high-end custom builders for the construction and sale of single family residences. STATEMENT OF UTILITIES TO BE PROVIDED Utilities with the appropriate capacities are available to the site. They will be extended through the site during the construction of the subdivision. ECONOMIC DEVELOPMENT BENEFITS The City of Colleyville is not realizing the tax revenue that could be generated by a single-family development due to the current property owner's parochial exemption. Below is a table showing tax revenues based on 18 homes with an average valuation of $600,000 assuming each home is owner occupied and takes the standard homestead exemption. Rates per $100 Assad Value Tax Revenue from 1'8 homes City of Colleyville Grapevine-Colleyville ISO Tarrant County Hospital District County Co.llege 0.347400 1.582290 0.274785 0.234070 0.106410 $37,519.20 $166,615.14 $29.676.78 $25,279.56 $11,492.28 Total $270,582.96 ~1L-- Matt Torbit, Mady Development, L.P. Planning & Zoning Com'mission Minutes - Attachment #6 (Feb. 26, 2001) Note: Minutes not available at this time for the March 12. 2001 meetina PUBLIC HEARING - Zoning Change requested by Matt Torbit, Mady Development, from AG Agriculture to PUD-R Planned Unit Development Residential. on 10.0 acres located at 3508 Glade Road, west of Roberts Road. Case Z-01-005 Clayton Husband presented the case to the Commission and reviewed the staff briefing. Chairman Hart opened the public hearing. Matt Torbit, 4919 Saddleback Road, Arlington, applicant. He stated they are providing larger lots in exchange for requesting smaller open space. He stated the density of the development of 1.8 units per acre is consistent with the Master Plan. He stated the tax exemption on the property is not currently generating any revenue for the City, and that the proposed development will provide significant revenue. Jim Beaver, 2916 Oakbriar. He stated he is a member of the church and that the church supports the development of the property and the proposed plan. Margaret Grantham, 3408 Glade. She stated she has spoken with the applicant about providing a landscape screen and consistent fencing along the west side of the development. Jeff Miller, 801 Colleyville Terrace. He spoke in favor of the request. Richard Smith, 2112 Oak Knoll. He spoke in favor of the request. Teri Solerno, Pleasant Run Road. She spoke in favor of the request. Melody Moore, 4617 Shady Creek Lane. She spoke in favor of the request. Robert Henry, 3515 Fox Glen Drive. He spoke in favor of the request. Hans SChlimer, 3909 Deepwood. He spoke in favor of the request. Gary Cantrell, 3404 Glade Road. He stated he is generally in favor of the change. He stated the landscaping and fencing suggested by Ms.' Grantham should be continued along the entire western property line, Mark Bolling 3029 Laurel Cre.ek, Grapevine. He spoke in favor of the request. He stated he is associate pastor at the church. He stated the church and the applicant have discussed fencing along the north and east property lines and open space. He stated there are facilities on the church property that are used by church members and other groups. Mike Johnston, Colleyville Fire Chief. He stated that the development should have a second entrance. He stated that providing fire sprinkler systems in the houses would help address this issue. There being no one else wishing to speak, the Public Hearing was closed. The Commission discussed the emergency access requirements, uniform fencing standards, grading and drainage, and open space. Commissioner Gasper stated her concern about the possibility of frozen pipes if sprinkler systems were installed, She stated that multi-family uses should be specifically prohibited in this PUD ordinance, as requested by the applicant. Commissioner Hocutt stated his concern over setting a precedent if the waiver of open space was granted. Commissioner Edwards stated the ordinance should include the fencing standards and when the fence should be built, and should address the emergency access vs. sprinkler system issue. Commissioner Gasper moved to table Case Z-01-005. Commissioner Edwards seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hart, Hollis, Wall, Hill Noes: None ORDINANCE 0-01-1273 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 10.0 ACRE TRACT OF LAND LOCATED IN THE MINTER SURVEY, ABSTRACT 1034, AND PART OF LOT 1 R, METROPLEX COVENANT CHURCH ADDITION, IN THE CITY OF COLLEYVILLE FROM THE AG AGRICULTURAL DISTRICT TO THE PUD-R (PLANNED UNIT DEVELOPMENT-RESIDENTIAL) DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a zoning district change was filed by Mady Development, L.T. on January 29, 2001, under Case Number Z-01- 005; 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 attached Exhibit A - Zoning Map, and described by metes and bounds on the attached Exhibit B, - Metes and Bounds Description, by changing the zoning of said property from the AG - Agricultural district to the PUD-R Single Family Residential district. and including any other conditions and restrictions imposed and approved by the City Council, which are incorporated herein. 1. GENERAL a. The purpose of this PUD-R is for single-family residential development, constructed at an approximate density of 1.8 dwelling units per acre. b. This property is subject to all the regulations contained in the Colleyville Land Development Code, except where amended by this Ordinance. Ordinance 0-01-1273 Page 2 of 4 2. CONCEPTUAL PLAN AND PLATTING a. Prior to the issuance of any development permits within this PUD-R and as a condition to the development of the subject property, the developer shall obtain approval of a final plat of the property in accordance with the procedures and. requirements of the Colleyville Land Development Code. b. The subdivision shall be generally consistent with the conceptual site plan attached as Exhibit C, which shall be considered the preliminary plat. The actual street and lot arrangement may differ from that shown on Exhibit C to accommodate topographic, drainage or other conditions. 3. PERMITTED USES a. Single family residences, detached b. Parks and open space 4. RESIDENTIAL LOT REQUIREMENTS AND SETBACKS Residential lot requirements and setbacks shall comply with the following provisions. Building line setbacks established by the preliminary plat, which is attached as Exhibit C, shall control where such building line setback is different from the following requirements. a. Minimum Lot Size b. Average Lot Size c. Minimum Lot Width d. Minimum Lot Depth e. Front Building Line f. Side Building Line g. Rear Building Line 16,000 square feet 19,900 square feet 1 00 feet 120 feet 40 feet 1 0 feet 25 feet 5. OPEN SPACE a. This development shall provide a minimum of 4% common open space as shown on Exhibit 0 which shall be for the leisure and recreational use of the development's residents, The open space shall comply with the provisions contained in the Land Development Code. All open space areas shall be landscaped. b. Open space may be utilized for storm water detention. Ordinance 0-01-1273 Page 3 of 4 c. There shall be a six foot masonry screening wall along the front of the development facing Glade Road as shown on the attached Exhibit D - Fencing and Open Space Areas. 6. SIDEWALKS AND TRAILS a. Sidewalks shall be constructed along all interior streets in accordance with the Land Development Code, b. The developer shall construct a ten foot (10) wide hike and bike trail along the north side of Glade Road adjacent to this property. 7. OTHER a. Entry features and screening walls similar to those depicted in Exhibits E, F & G may be located within the open space lots. The entry features and screening walls shall be exempt from the building line requirements provided the entry features and screening walls are located on the open space lots and comply with applicable vehicular visibility triangles required by the Colleyville Land Development Code. b. Each main residence within the development shall have a fire sprinkler system conforming to the City of Colleyville's current ordinances regarding fire protection system applicable to single - family residential dwellings. c. There shall be a metal ornamental fence along the rear property lines of each residential lot as a condition of acceptance of this proposed development. The metal ornamental fence shall consist of 4" posts on 8' centers with 1.5" horizontal rails and %" vertical bars spaced every 6 inches. A tolerance of 1/8" shall be acceptable. Said fence shall be 6 feet in height along the western and eastern boundaries and up to 1 0 feet in height along the northern boundaries of lots 10. 11 & 12. d. Leyland Cypress trees shall be planted adjacent to and parallel with the above described metal fencing along the rear property lines of Lots 2 through 10, except where there is a forestation of existing trees, and adjacent to a parallel with the rear property line of Lots 15 through 19. Said Leyland Cypress trees shall be irrigated. Said Leyland Cypress trees shall be a minimum of 7'-9" in height at time of planting and spaced at 10' on center and be planted within 10' of the above described rear property lines. No Certificate of Occupancy shall be issued for any primary residential structure until said Leyland Cypress trees are planted as required herein. Ordinance 0-01-1273 Page 4 of 4 Sec. 2. 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. 3. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof asan alternate method of publication provided by law. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ,2001. day of The second reading and public hearing being conducted on the ,2001. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney Exhibit A .. Location Map v::"J -- . -- - _..,.... . \./ It"' .".". i-- .:::::!-:I r..:illlla.Y /,..-a - . \ /.. ----1 ~- I I ---l "1~~7. '"~ ...1..... ....I.. . ~ -< _ ..gAl'..... I' > . to. .. . it"- .....1 I' - 5 ;--.,~, ~ i-- .. .. .oo .1..1, ~. .. ...} ,.~,,~,~- - ,.. -... . .. · . .. -I-I" -- .. - I u ~ !5 ~ I '~~ ~''I -_ ~ - - '--:- a ~!.: ~/" : ~........ I> -/-1" .--- .. t: ..I ~ .,. - 109.. - - -;- ! I , ~ Ii.. . II, .. I" .'iII 1 II .. · 1 .. u. !-I../.... - u" ~ - - - -:s.- ; .- ..~':..: 1-' .. /. .1-1.. ..Iul... · 11 .. · - · _.1 · ..l. . I ~ [1" :" . f S~}Jf ~pr ~ . - - _ -.)~ "SIP 0 .. p~~~ . P~E~"" ~ ~ 4 C . . .. -. . _.. ..:.. ~ ,8Jl11j. ~ C,,,;RII ~ v~- / / ,.::.. f ~ . . ___ LL~DN: >~ "-.1 =-~~.IQ;:-" -:-!+. ~!~ Location ~7~ ~!.~:.:~ ~s~ I~R -~- .' '7*" %v/ f : . f: ~. ~ . I .' .. .... ... / ~ % .. .. . '.. ....-----...: I'~ u, ........ / / / / - .:.....:....- - ..' ~: ' ;3<>; ..... / / // _":M-.r=' ._ *"_ ..__._1 --iiMi- _...... __ __ __ ___ ~ _ .__......._ - ... J L;/. "i~ ~_~. ;; - fro\:. ~j.~,,~.~+'lu~ ~"~z.~ : ~ -;-.. u __ '"~. -' 1 ( - --- - ~~' / _ . ..'-J:r/~' ,..... . . I +:-'.. -I, · , ! ~ ~ ~/: I.~ == I -.. -. . - . I.'.......".. ~q: - - -. J :(:~ '" ~~. I" ,~- . .-:-:u,:_, ;:':f>:::~~! -I : -H I " to. \ 2 I f ~-a-I 1 i I I> /. t ~rJlOPt{;;' ,qc ~tI.A~ .... .-.. Exhibit B - Metes and Bounds Description PROPERTY DesCRIPTION: Description for a tract of land situated In the G.W. Minter Survey. Abstract No. 1034, Tarrant County, Texas, being a portion of Lot 1 R, Metroplex Covenant Church Addition, an addftion to the City of Colleyvllle, Tarrant County, Texas, acoording to the plat recon:Ied In Cabinet A. Slide 92, Plat Records, Tarrant County, Texas, a portion of a tract of land desa'ibed in a deed to Metroplex Covenant Church. recorded in Volume 8205. Page 1316, Deed Records. Tarrant County, Texas (hereinafter described as Tract I) and a portion of a tract of land desa1bed in a deed to Metroplex Covenant Church, recorded in Volume 7904, Page 997, Plat Records, Tarrant County, Texas (hereinafter desalbed as Tract II) all being more particularly described by metes and bounds a8 follows: Beginning at a 518. capped Yandell & Hiller rebar rod found (Control Monument) In the north line of Glade Road for the southwest comer of Tract I same being the southeast comer of a tract of land descrtbed in a deed to Jerry Grantham, recorded in Volume 4189, Page 164. Deed Records, Tarrant County. Texas; Thence N.OO.09'02-E. (base bearing). 1044.61 feet along the west line of Tract land said Lot 1. same being the east line of said Grantham Tract and Lot 1, Block 1. Pleasant Glade Fann Addition, an addition to the City of Colleyvllle, Tarrant County, according to the plat recorded in Cabinet A. Slide 721. Plat Records, Tarrant County. Texas, to a 112. capped 1983 rebar rod set (Control Monument); Thence 5.89. 48'S2"E., 417.0 feet to 8 112" capped 1983 rebar rod set: Thence S.OO.09'02"W., 1044.61 feet to a 112" capped 1983 rebar rod set in the north line of Glade Road same being the south line of Tract II; Thence N.89.56'02'W.. 1.80 feet along the north line of Glade Road same being the south line of Tract II to an .X" cut in concrete for the southwest comer of Tract II same being the southeast comer of Tract I; Thence N.89.48'S2"W.. 415.20 feet along the north line of Glade Road same being the south line of Tract I to the point of beginning and containing 1 0.0 acres of land more or less. Exhibit C- Conceptual Site Plan & Preliminary Plat .... 2 I ~ ffi. · ,I - j I ..:I! 1:11:11 & ~ I ! o !fa ~I i~ III 1st i i~ ~fi !1;liI1lli IIIJ,!lllrIlIJ I ~~ I!f!illll" 11:/" I I 11I1111 l ~ lQ~ I c 44 . ; r. ~ j . !. . I~ . II .Iih . ~I.~ .-. ,. LJ ~ . lilllil' "Jllll i 1Hifl fll, II ,I I'c J' f h,il, Iii 1111. i II If . II JI' ii' .'11 I I 1-)1 . p"lfll~ tiq ! Ul ij . IIir1fbj ,I,IIUr hi I I,' II -hlllllll 111111, 1.1 ' I bllli.. Hi liD III Ii I. I Exhibit 0- Fencing and Open Space Areas 6' · 10' Metal Fence ~ .. -. I I.i ., ! LOpe" Space Area J \ '\ \ h~ \ .\ I rq . '. \ \\ \\ '\ \ \.,,\1 " 1\ r \1 , I \\ \ \ \ \ \ \ 'I Exhibit E - Entry Features and Screening Walls ~ ~ c "'2 t 1 , k~';; I~~ S l~ ~ ~ ! 0 li~:&i ~~~.f. ~ w :I ':I ~ o :1 '1 ~ () Cl .J :I w > Exhibit F -Entry' Features and Screening Walls t I . I ~ t \.J ( / \ I 1 \ I ,rv \ ) .~ Pv b' ~I &11, j \ ~I \';'\ 81 I . ..J i ~ \ ~I \ ~I . > \~I t Exhibit G - Entry' Features and Screening Walls .~ .... ,J "\ ..... .~ ,.., "1 '" ~ . V"'" ~. '"\ - ~ l\ - Vl \1' ~ \.l ( -U . )l. (I J.(. !:l. --4 ~ ~ ~ ~ .... ~ ~ t '-l If.) ~ I I J " ~ 1: J) o \. ~ :J ~ ~ """ ~ \) t: 4> '- _ I;) oJ ~ ~ ~ . :J- .., :z ~ ~ < o :I ~ .., \- ::t .rr :i ~ ~ us .J .J 4: ~ ........ J "7 o ~ > ~ )- rJ. t- :z uJ .~ CITY COUNCIL Tm' AGENDA BRIEFING For mta. : 03/20/01 CMO Approval: Item # : 6 Ordinance # : 0-01-1274 Previous Action: None DEPT. : ENGINEERING SUBJECT: Amending Section 2 of Ordinance 0-00-1236; authorizing the expenditure of up to $71,671 for a temporary signal at Main Street First Reading and Public Hearing Backaround Texas Department of Transportation (TxDOT) requires an Agreement between the State of Texas and a local government before any work may proceed on a state highway by anyone other than the State. The Agreement and the approved construction plans will allow TxDOT to issue a permit for the improvements. The engineers working for The Village at Colleyville and the City's engineers have been working with TxDOT for items of construction which are on or adjacent to Colleyville Boulevard (SH26). The Citv-Developer Aareement for The Villaae at Collevville addresses two of the items for construction, the median and a temporary traffic signal at Main Street. The Agreement will allow the following to be permitted for construction: ( continued) FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-01-1274 Page 2 · Construct the intersections of Main Street and Village Lane at SH26. The Village engineers Baird, Hampton and Brown (BHB) have submitted plans to TxDOT. These plans have been reviewed and approved by Colleyville engineering staff and TxDOT. The cost of this construction is the responsibility of the developers of The Village at Colleyville. · Construct an asphalt center median between Glade Road and Main Street. BHB has submitted plans, which have been reviewed and approved by Colleyville engineering staff and TxDOT. The City-Developer Agreement provides for "City agrees to recommend approval to the Texas Department of Transportation (TxDOT) of the SH26 median improvements" as per the plans prepared by Parsons Transportation Group. The cost of construction of the median is the developers. · Construct temporary traffic signals at Main Street and SH26. Plans by the Parsons Transportation Group have been submitted and approved by TxDOT. The City- Developer agreement provides that "City agrees to pay the design and installation costs for a temporary traffic signal at the Main StreetlSH26/Thompson Terrace intersection." The permanent traffic signals will be designed and constructed with the SH 26 project. Financial Impact If the City Council amends the FY 2001 General Fund appropriation from $11,520,790 (Ordinance 0-00-1236) to $11,592,461 by the addition of $71,671 for the temporary signal at Main Street and SH26, City staff will begin the final TxDOT approval and bidding process for this project. Recommendation Approval of Ordinance 0-01-1274 to amend Section 2 of Ordinance 0-00-1236 to add $71,671 to the General Fund appropriations, which approves the Agreement with TxDOT for intersection improvements at Main Street and Village Lane; raised center median between Glade Road and Thompson Terrace, and temporary traffic signals at Main Street. Attachments · Cover letter from TxDOT (paper copy only) · Agreement with TxDOT (paper copy only) * I Texas Department .of Transportation P.o. BOX 6868 - FORT WORTH. TEXAS 76115-0868- (817) 370-6500 February 8, 200] Mr. Robert Whitehead Director of Public Works City of ColleyvilJe P. O. Box 185 Colleyville, Texas 76034 REFERENCE: Agreement Between the State of Texas and the City of ColleyvilJe, Texas Dear Mr. Whitehead: Attached for review and signature are four (4) copies of an A~'Teement between the State of Texas and the City of ColleyvilJe, Texas. This Agreement is for the purpose of constructing two street intersections (Main Street and Village Lane), a raised asphalt curbed center median within the highway, temporary traffic signal at Main Street. pavement improvements. drainage, pavement markings. and related striping. and signing within the state right of way of SH 26 (ColleyviIle Boulevard) in the City ofColJeyvilJe, Texas. Once the Agreements have been signed by the City, please submit the Agreements to the State in order that they may be attached to approved construction plans for final signature. The signed Agreements will be the necessary pennit authorization to proceed with these pr~;ects within the State right of way of SH 26. Should you have any questions regarding this matter. please contact Chuck Humphries at 817 370-6526. Sincerely, ~ Glenn E. Elliott. P.E. Director of Maintenance /hlh Attachments An Equ.' Opportunity Employer STATE OF TEXAS i COUNTYOFTARRANT i AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF COLLEYVILLE FOR INTERSECTION IMPROVEMENTS AT MAIN STREET AND VILLAGE LANE AS WELL AS A RAISED CENTER MEDIAN BETWEEN GLADE ROAD AND THOMPSON TERRACE THAT INCLUDES: TEMPORARY TRAFFIC SIGNALS AT MAIN STREET. PAVING IMPROVEMENTS. ASPHALT CURBING. DRAINAGE AND RELATED STRIPING AND SIGNING WITHIN THE RIGHT -OF-WAY OF SH 26 (Colleyville Boulevard) THIS AGREEMENT, is made by and between the State of Texas, acting by and through the Texas Department of Transportation hereinafter called the "State", and the City of CoJJeyville, Texas and/or its representative acting by and through its authorized officials, hereinafter called the "City". ---------- WITNESSETH WHEREAS, the State owns and maintains a system of highways for public use and benefit. including a segment of SH 26 (Colleyville Boulevard) which lies within the City of Colleyville; and WHEREAS. the City desires to construct the intersections of Main Street and ViJJa~e Lane as well as an asphalt center median. a temporary traffic si~nal at Main Street, pavement improvements. asphalt curbing, drainage and related striping and signing by permit on an existing section of SH 26 within the right-of-way limits; and Page I of5 WHEREAS. the State acknowledges the common benefits of the City's proposal AGREEMENT --------- NOW THEREFORE. in consideration of the premises and of the mutual covenants and agreements of the parties hereto. to be by them respectively kept and pelfomled as hereinafter. set forth. it is agreed as follows: I. The State grants to the City license and permission to reconstruct the intersections of Main Street and Village Lane and install an asphalt center median on SH 26 as shown in Exhibit "An attached hereto for the above mentioned section of SH 26 within the limits of the right of way. It is understood and a!:-rreed that the State does nOl purpon.. hereby. to grant any right. claim. title or easement in or upon SH 26 or the right of way upon which it is constructed. 2. The City shall prepare or cause to be prepared approved plans for the work incidental thereto. No construction work shall be performed on the State's right of way until these plans have been approved by the State. and after such approval has been acknowledged in writing. no changes' or alterations shall be made therein without the written approval of the State. All construction to be performed shall be in accordance with the latest version of TxDOT ST ANDARD SPECIFICATIONS FOR CONSTRUCTION OF HIGHWAYS. STREETS AND BRIDGES. 3. The City shall provide such detours. barricades. warning signs. flares. flashing light signals and flagmen as are necessary to direct and protect vehicular traffic while the construction work. as hereinabove described to be done on the State's right of way. is in progress. Details of these traffic control measures. confonning to the Texas Manual on Uniform Traffic Control Devices for Streets and Highways. shall be shown. in the plans. It: during construction. it is necessary or desirable to modify the traffic control measures from those shown on the plans. prior approval must be obtained from the State's District Engineer in Fort Worth. 4. The City shall be responsible for the entire cost of all work to be performed associated with the construction of the intersections of Main Street and Village Lane as well as the construction of the raised asphalt center median which are authorized herein. . .. 5. . . Nothing contained herein shall ever be construed to place upon the State any Irabllrty or injury to or death of persons. or for damage to or loss of property~ arising from or i~ any manner connected with the work authorized herein. 6 Any contractor and/or City shall provide for insurance as follows: A. Worker's Compensation Insurance Amount - Statutory Page 2 of 5 B. Comprehensive General Liability Insurance Amounts - Bodily Injury 5500,000 each occurrence Property Damage 5 I 00.000 each occurrence C. Comprehensive Automobile Liability Insurance Amounts - Bodily Injury 5250,000 each person 5500,000 each occurrence Property Damage $]00,000 each occurrence The' State shaH be included as an "Additional Insured" by Endorsement to policies issued for coverages listed in B and C above, A "Waiver of Subro!,ration Endorsement" in favor of the State shaH be a part of each policy for coverages listed in A. B and C above. Any contractor and/or City shall be responsible for any deductions stated in the policy. 7. The State shall make suitable, frequent.. and complete inspection of all materials. and equipment, and construction work within the limits of the State's right of way in order to determine that the construction meets all applicable requirements of the plans and specifications for operation and maintenance by the State after its completion. The City will provide opportunities, facilities and representative samples, as may be required, to enable the State to carry on suitable, frequent.. and complete inspection of all materials, and application methods. sufficient to afford determination and certification by the State that the construction within the limits of the State's right of way complies with the requirements of the approved plans and specifications. The State will promptly notify the City of any failure of materials, equipment or construction methods, and the City will take such measures as necessary to obtain acceptable construction procedures without delay. 8. The City shall notify Mr. Mark Schluter. .P.E.. North Tarrant County Area :':ngineer, telephone number (8 I 7) 238-5900, Fort Worth, Texas, and Mr. Zach Sessions. Northeast Tarrant County Maintenance Supervisor, telephone number (817) 283-2731, Euless, Texas. They should be notified at least forty-eight (48) hours prior to beginning the work on State owned right of way. 9. Mr. James Ward, Traffic Signal Supervisor, telephone number (817) 370-6751. shall be notified fony-eight (48) hours prior to beginning any excavation within the right of way in order that the State may verify the existence of any electrical wiring. Failure to provide proper notification will result in the immediate repair at the City's expense. 10. All utility companies shall be given prior notification of the pending construction to ensure t~at no conflicts exist within the project area. All utilities that exist within the project area and Will be beneath the pavement as the result of this work, will be required to be adjusted beyond the roadway surface. . Page 3 of 5 ]], This agreement may be terminated by any of the following conditions: (a) By mutual written agreement and consent of both parties (b) By the State by notice in writing to the City as consequence of failure by the City to perform the services set forth in a satisfactory manner and within the limits provided. (c) By either party, upon the fai lure of the other party to fulfi II its ob ligations as set forth in this agreement. (d) By satisfactory completion of all services and obligations described herein. The termination of this agreement shall extinguish all rights, duties, obligations and liabilities of the State and the City under this agreement. If the agreement is terminated, the existing roadway shall be returned to its original cross section and condition. ] 2. This agreement constitutes the sole and only agreement between the panies hereto and supersedes any prior understandings or written or oral agreements respecting the within subject matter. Page 4 of5 IN TESTIMONY HEREOF, the parties hereto have caused these presents to b.e executed in duplicate counterparts, CIlY OF COLLEYVILLE. TEXAS By: Typed Name Title Date ATTEST: City Secretary THE STATE OF TEXAS Executed for the Executive Director and approved by the Texas Transportation Commission under the authority of Stand Alone Manual Notice 98-3 for the purpose and effect of activating and carrying out the orders, established policies or work programs heretofore approved by the Texas Transportation Commission. By: Steven E. Simmons. P.E. Typed Name District Engineer Title Date Page 50f5 ORDINANCE 0-01-1274 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, RELATING TO FISCAL YEAR 2001 BUDGET BY AMENDING SECTION 2 OF ORDINANCE 0-00-1236; PROVIDING AN EFFECTIVE DATE. WHEREAS, there was an excess of revenues over expenditures in Fiscal Year 2000 and there were various items not funded in the approved Fiscal Year 2001 budget, the 2000 addition to fund balance could be used to fund the Capital Project to construct a temporary traffic signal. at Main Street and SH26, in the amount of $71,671; and WHEREAS, the appropriation was not included in the Fiscal Year 2001 Budget approved by the City Council. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT all of the above premises are found to be true and correct and are hereby incorporated into the body of this Ordinance as if copied in their entirety therein. Sec. 2. THAT appropriations in the annual budget for Fiscal Year 2001, as adopted by Ordinance 0-00-1236 are amended to read as follows: General Fund Utility Fund (Water & Wastewater) Debt Service Fund Drainage Utility Fund $11,592,461 $ 7,791,611 $ 2,253,811 $ 394,639 Sec. 3. THAT the City Manager is hereby authorized to make the appropriate change to the budget to reflect the changes noted above. THAT the effective date of this Ordinance shall be immediate upon its passage. Sec. 4. Ordinance 0-O1-127~ Page .. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ,2001. day of The second reading and public hearing being conducted on. the ,2001. day of ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross 1. Foster City Attorney cce~ CITY COUNCIL ~m< AGENDA BRIEFING For mtg. : 03/20/01 CMO Approval: Item # : 7 Resolution # : R-01-1772 DEPT. : ENGINEERING SUBJECT: Authorizing the Mayor to enter into the Memorandum of Understanding Between the City of Colleyville and the City of Euless for the Reconstruction of Glade Road between State Highway 121 and Heritage Avenue, a portion of Heritage Avenue and a Right Turn at State Highway 121 Previous Action: None Reading and Public Hearing The City of Euless has approved plans for a Super Target located at the southeast corner of Glade Road and Heritage Avenue. The project is currently under construction and is scheduled to open Fall 2001. The City of Euless also has planned several infrastructure improvements for this area. They include the construction of two new eastbound lanes on Glade Road from Heritage Avenue to SH121, the installation of a new traffic signal at the proposed Town Crossing Boulevard (located midway between SH121 and Heritage Avenue), and the reconstruction of Heritage Avenue from Glade Road south 750+/- feet to the southern edge of the Super Target property. (continued) crrf~ANA~R VJ J1 :j;4= DEPARTMENT HE D FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-01-1772 Page 2 The first 100 feet of Heritage Avenue is within the Colleyville City limits. The concrete lanes will replace the existing asphalt lanes on Heritage Avenue. The City of Euless also plans to extend Glade Road under SH121 eastward to Champagne Drive. City staff and the City of Euless have met several times regarding this project. Staff has requested the design of a right turn lane on the southbound side of the SH121 service road at the corner of SH121 and Glade Road (Hall's Grocery). This additional turn lane will assist in the morning rush hour traffic. The City's cost for the design of the turn lane is $9,700. Also requested was an increased asphalt transition west of the Glade and Heritage intersection. This will be designed and constructed by the City of Euless with no additional cost to the City of Colleyville. Staff recently met with several representatives from the Prestwick Park Homeowners Association to review the agreement and discuss their comments. Financial Impact The City will be required to fund the cost of the additional right turn lane off SH121. No cost estimates are available at this time. The City of Euless will bid the turn lane at unit prices at a later date, giving Council the opportunity to accept or decline that portion of the bid. Recommendation Approval of Resolution R-01-1772 Attachments . Memorandum of Understanding . Resolution R-01-1772 EXHIBIT "A" STATE OF TEXAS 9 COUNTY OF TARRANT 9 MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF COLLEYVILLE, TEXAS AND THE CITY OF EULESS, TEXAS FOR THE RECONSTRUCTION OF GLADE ROAD BETWEEN STATE HIGHWAY 121 AND HERITAGE AVE., A PORTION OF HERITAGE AVE., AND A RIGHT TURN LANE AT STATE HIGHWAY 121. This Memorandum of Understanding (the "Agreement") for the Construction of Paving, Drainage, Traffic Signals and Landscaping Improvements ("roadway improvements") on Glade Road between State Highway 121 and Heritage Avenue and on a portion of Heritage Avenue and a right turn lane on southbound State Highway 121 service road at Glade Road is made and entered into by and between the City of Colleyville, Texas, a municipal corporation located in Tarrant County, Texas, ("Colleyville"), and the City ofEuless, Texas, a municipal corporation located in Tarrant County, Texas ("Euless"). WHEREAS, Colleyville and Euless desire to enter into an agreement to construct roadway improvements on Glade Road between State Highway 121 and Heritage Avenue, on Heritage Avenue and a right turn lane on southbound State Highway 121 service road; and WHEREAS, Texas Government Code, Chapter 791 (the "Act"), provides authorization for municipalities to contract with one another for the performance of government functions and services under the terms of the Act; and WHEREAS, Euless has the need to construct these roadway improvements, which shall be located in minority part in Colleyville and in majority part in Euless; and WHEREAS, portions of the Glade Road and Heritage Avenue right-of-way is within Colleyville City limits; and WHEREAS, Colleyville and Euless shall provide financing for the Project as provided herein; and WHEREAS, Colleyville and Euless are willing to cooperate with one another to accomplish the construction and maintenance as provided in this Agreement; and WHEREAS, it is mutually advantageous to both parties to enter into this Agreement: WITNESSETH NOW, THEREFORE, for and in consideration of the mutual covenants, terms and conditions set forth herein, and the mutual benefits to each party, the receipt and sufficiency of which are hereby acknowledged, Colleyville and Euless hereby contract, covenant, warrant and agree as follows: I. ADOPTION OF PREAMBLE All of the matters stated in the preamble of this Agreement are true and correct and are hereby incorporated into the body of this Agreement as though fully set forth in their entirety herein. II. OBLIGATIONS OF PARTIES 1. Euless has contracted for and will be responsible for the Consulting Engineering Services related to the preparation of engineering plans and specifications related to the roadway and traffic signal improvements on Glade Road from State Highway 121 to Heritage Avenue and along a portion of Heritage Avenue. Euless will include in the engineering plans and specifications a design for a right turn lane located along the west edge of the State Highway 121 southbound service road. Colleyville will reimburse Euless for the portion of the Consulting Engineering Fee attributable to the surveying and design of the right turn lane. Colleyville will be responsible for any utility relocations and right-of-way acquisition associated with the right turn lane. Euless will be responsible for any utility relocations associated with the Glade Road or Heritage Avenue roadway improvements. The construction plans and specifications for the project shall be submitted to Colleyville for their review and concurrence. 2. Euless will award a construction contract for the construction of the aforementioned roadway improvements on Glade Road and Heritage Avenue including the SH 121 right turn at Glade Road. 3. Euless agrees to construct paving, drainage, traffic signals, and landscaping improvements on Glade Road between State Highway 121 and Heritage Avenue and on Heritage Avenue, a westbound asphalt transition to the drainage culvert, in accordance with the construction plans. Euless will be responsible for all costs for the construction of the improvements as defined in the plans with the exception of what is defined in this Agreement as Colleyville's cost. 4. Euless agrees to construct in accordance with the construction plans the right turn lane from SH 121 access road to Glade Road. CoIleyville agrees to reimburse Euless the cost for the right turn lane improvement based on the unit bid prices contained in the construction contract. 5. Colleyville will be responsible for the perpetual maintenance of the existing three concrete lanes on Glade Road and all water lines and sanitary sewer lines that are connected to the related Colleyville system that exist within the Colleyville City limits. Euless shall be responsible for the perpetual maintenance of the two proposed eastbound concrete lanes, and the traffic signal on Glade Road at Towne Crossing Boulevard and all water lines and sanitary sewer lines that are connected to the related Euless system that exist within the Euless City limits, 6. Euless agrees that the construction to be done within Colleyville shall be in accordance with Colleyville's Code of Ordinances III. INDEMNIFICATION AND HOLD HARMLESS 1. The indemnification and hold harmless provision contained herein shall be effective and binding between the City of Euless and the City of Colleyville. However, the indemnification and hold harmless provisions shall not be deemed to be a waiver of any defense of the City of Euless or the City of Colleyville to any claim by non-parties to this agreement, including, without limitation, the defense of sovereign immunity. 2. However, the indemnification and hold harmless contained herein shall not be deemed a waiver of any sovereign immunity allowed pursuant to Tex.. Civ. Proc. & Rem. Code Section 101.001 et. seq., or otherwise. IV. NOTICES Any notice required to be given under this Agreement shall be deemed to have been adequately given if deposited in the United States mail in an envelope with sufficient postage and properly addressed to the other party as follows: TO EULESS: City ofEuless 201 N. Ector Drive Euless, Texas 76039 Attention: City Manager TO COLLEYVILLE: City of Colleyville P. O. Box 185 Colleyville, Texas 76034 Attention: City Manager A change of address may be made by either party upon giving ten (10) days prior written notice. v. MISCELLANEOUS PROVISIONS 1. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns. 2. This Agreement constitutes the sole and only agreement of the parties hereto and supersedes any prior understandings or written or oral agreements between the parties regarding the subject matter hereof 3. No amendment, modification or alteration of the terms hereof shall be binding unless the same is in writing, dated subsequent to the date hereof and duly executed by the parties. 4. This Agreement may be executed concurrently in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. 5. If, in case anyone or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, or unenforceability shall not affect any other provision hereof and this Agreement shall be construed as if such invalid, illegal or unenforceable provision had never been contained herein. 6. The obligations and undertakings of each of the parties to this Agreement are and shall be performable in Tarrant County, Texas. 7. Each party hereto warrants that it has received authority from its governing body to enter into this Agreement. EXECUTED this the _ day of , 2001. CITY OF COLLEYVILLE, TEXAS CITY OF EULESS, TEXAS Mayor City of Colleyville, Texas Mayor City ofEuless, Texas ATTEST: ATTEST: City Secretary City of Colleyville, Texas City Secretary City ofEuless, Texas [SEAL] [SEAL] APPROVED AS TO FORM: APPROVED AS TO FORM: City Attorney City ofColleyville, Texas City Attorney City ofEuless, Texas STATE OF TEXAS S COUNTY OF TARRANT S This instrument was acknowledged before me on the _ day of , 2001, by , Mayor, City of ColleyvilIe, for the purposes and consideration therein expressed. Notary Public in and for the State of Texas STATE OF TEXAS S COUNTY OF TARRANT S This instrument was acknowledged before me on the _ day of , 2001, by , Mayor, City of Euless, for the purposes and consideration therein expressed. Notary Public in and for the State of Texas RESOLUTION R-01-1772 A RESOLUTION AUTHORIZING THE APPROVAL OF A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF EULESS FOR THE RECONSTRUCTION OF GLADE ROAD BETWEEN STATE HIGHWAY 121 AND HERITAGE AVENUE AND A RIGHT TURN LANE ON STATE HIGHWAY 121- - WHEREAS, The City of Colleyville and the City of Euless desire -to enter into an agreement to construct roadway improvements on Glade Road between State Highway 121 and Heritage Avenue, on Heritage Avenue and a right turn lane on southbound State Highway 121 service road; and WHEREAS, Texas Government Code, Chapter 791 (the "Act"), provides authorization for municipalities to contract with one another for the performance of government functions and services under the terms of the Act; and WHEREAS, The City of Colleyville and the City of Euless are willing to cooperate with one another to accomplish the construction and maintenance of this project; and WHEREAS, it is mutually advantageous to both parties to enter into this Agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. . . . THAT the City of Colleyville and the City of Euless shall enter into a Memorandum of Understanding, "Exhibit A", to reconstruct Glade Road between State Highway 121 and Heritage Avenue and a right turn lane on State Highway 121. Sec. 2, THAT the City of Euless will bid these improvements at a later date and the Colleyville City Council retains the right to accept or decline the bids for the right turn lane at State Highway 121 and Glade Road. THAT the City of Colleyville and the City of Euless shall hire a traffic consultant to study the timing of the traffic signals associated with this project. Sec. 3, AND IT IS SO RESOLVED. PASSED BY A VOTE OF AYES, THIS THE DAY OF ATTEST: Cynthia Singleton, TRMC City Secretary NAYS, AND ,2001. Resolution R-01-1772 Page 2 of2 ABSTENTIONS ON CITY OF COLLEYVILLE Donna Arp Mayor cce~ CITY COUNCIL TmS AGENDA BRIEFING For mta. : 03/20/01 CMO Approval: Item # : 8 Resolution # : R-01-1n4 Previous Action: None DEPT. : CITY MANAGER SUBJECT: Approval to purchase document imaging software and hardware from DynaSource, Inc., in the amount of $24,190 Reading and Public Hearing One of the goals of the City is to utilize a document imaging system for storage and retrieval of the City's permanent and active records. The City also desires to replace the current paper council packets with a more efficient and cost effective paperless system. To achieve these goals, staff met with several document imaging system manufacturers and vendors. Staff also reviewed various document imaging options including leasing the software/hardware, leasing space on a vendor's server and accessing the documents over the Internet, or purchasing the imaging software, but outsourcing the document scanning. Due to security issues, staff recommends the option of purchasing the software/hardware components and scanning all documents in-house. ( continued) RESOLUTION R-01-1774 A RESOLUTION AUTHORIZING THE PURCHASE OF DOCUMENT IMAGING SOFTWARE AND HARDWARE WHEREAS, the City of Colleyville desires to utilize a document imaging system for the storage and retrieval of permanent and active records; and WHEREAS, the City of Colleyville wishes to replace the current paper council packets with a more efficient and cost effective paperless system. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1. THAT the Colleyville City Council hereby approves the purchase of a Document Imaging System from DynaSource, Inc., in the amount of $24,190. I AND IT IS SO RESOLVED. APPROVED THIS DAY OF AYES, NAYS, AND ABSTENTIONS. ,2001, BY A VOTE OF_ ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor cc~~ CITY COUNCIL TmS AGENDA BRIEFING For mtg. : 03/20/01 CMO Approval: Item # : 9 Resolution # : R-01-1775 Previous Action: None DEPT. : CITY MANAGER'S OFFICE SUBJECT: Approval to suspend the effective date of the proposed rate schedules of TXU Gas Distribution; providing that the rate schedules of said company shall remain unchanged during the period of suspension. Reading and Public Hearing On February 16, 2001, TXU Gas Distribution (formerly Lone Star Gas Company) filed a Statement of Intent with 40 cities to increase the rates charged for natural gas service. The purpose of this report is to seek authorization to engage legal counsel and rate case consultants, and to intervene in related dockets before the Texas Railroad Commission, suspending the proposed rates of TXU Gas Company. TXU Electric and Gas Company (TXU) has filed a request for authority to increase the rates charged for natural gas service within the Northwest Metro/Mid-Cities Distribution Systems involving forty cities. These distribution systems include the cities of Addison, Argyle, Arlington, Aubrey, Bedford, (continued) FINANCIAL REVIEW (IF NI;CESSARY) Agenda Briefing Resolution R-01-1775 Page 2 Carrollton, Colleyville, Coppell, Copper Canyon, Corinth, Cross Roads, . Dalworthington Gardens, Denton, Double Oak, Euless, Farmers Branch, Flower Mound, Grapevine, Hickory Creek, Highland Village, Hurst, Irving, Justin, Keller, Krum, Lake Dallas, Lewisville, Lincoln Park, Mansfield, Marshall Creek, Northlake, Pantego, Pilot Point, Ponder, Roanoke, Sanger, Shady Shores, Southlake, Trophy Club, and Westlake. The change proposed would increase current rates by ten million one hundred sixty thousand dollars ($10,160,000). In the past, the City has joined the Steering Committee of Cities Served by Lone Star Gas, which is now the Steering Committee of Northwest Metro/Mid-Cities Distribution System Cities (TXU Steering Committee). The steering committee has been successful in persuading the Railroad Commission to reduce or deny the req uested increase. Although the City of Arlington will be incurring the expenses of the consultants and legal counsel, there is a possibility that there may be expenses the group will incur. Historically, these expenses were pro-rated by the cities' population, and Colleyville's share was $.10 per capita. Staff contacted Rick Vaughn, Area Manager of TXU concerning the City's action to proceed with a suspension resolution in order to analyze the gas rate filing. The attached resolution authorizes the City to participate jointly with other cities in the distribution system (TXU Steering Committee) to independently analyze the TXU filing. In order to do this, the resolution also suspends the proposed effective date of the rate change for an additional ninety days. Recommendation Approval of Resolution R-01-1775 Attachments · TXU Northwest Metro/Mid-Cities Distribution System Rate Case Executive Summary (Paper Copy Only) · Statement of Intent to Change Residential, Commercial, and Industrial Rates and to Eliminate. the Rate Schedules for Public Free Schools-N and Commercial Contract for Public School Gas Service (Paper Copy Only) Agenda Briefing Resolution R-01-1775 Page 3 . TXU "Favored Nation" Letter (Paper Copy Only) . Memorandum - Cities Served by TXU Gas Company Northwest Metro/Mid- Cities Distribution System (Paper Copy Only) , RESOLUTION R-01-1775 A RESOLUTION AUTHORIZING THE STEERING COMMITTEE OF NORTHWEST METRO/MID-CITIES DISTRIBUTION SYSTEM CITIES TO RETAIN LEGAL COUNSEL AND RATE CASE CONSUL T ANTS; AUTHORIZING THE CITIES TO INTERVENE IN RELATED DOCKETS BEFORE THE TEXAS RAILROAD COMMISSION; AND SUSPENDING THE PROPOSED TARIFF AND SCHEDULE OF RATES OF TXU ELECTRIC AND GAS COMPANY WHEREAS, TXU Gas Distribution, a division of TXU Gas Company, ("TXU") on February 16, 2001, filed a Statement of Intent to Change Rates with individual cities for an increase in rates; and WHEREAS, the City of CQlleyville, Texas, is a regulatory authority having a statutory duty to participate in such proceedings and whose citizens will be substantially affected by the rates established as a result of such proceedings; and WHEREAS, the .city of Colleyville, Texas is entitled to be reimbursed for its reasonable expenses, pursuant to the Texas Gas Utilities Regulatory Act; and WHEREAS, the Steering Committee of Northwest Metro/Mid-Cities Distribution System Cities has been formed to facilitate and coordinate the participation of cities in the service area of TXU Gas Company in these rate proceedings; and WHEREAS, after having considered information from TXU, it is the opinion of the City Council of the City of Colleyville., Texas, that the proposed Schedule of Rates should be suspended for a period of ninety (90) days from the effective date stated in TXU's Statement of Intent or other documentation, as initially filed or hereafter revised, for further study, investigation, presentation of evidence and public hearing; and WHEREAS, it is in the public interest to join with other cities to review such filing and present evidence as may be appropriate before the Texas Railroad Commission, all as directed by the Cities' Steering Committee. 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, authorizes the Steering Committee of Northwest Metro/Mid-Cities Distribution System Cities, of which the City of Colleyville, Texas is a participating member, to retain legal counsel and engage rate case consultants, and to intervene on behalf of the City of Colleyville, Texas in related dockets and appeals. Sec. 2. Sec. 3. Sec. 4. Resolution R-01-1775 Page 2 of 3 THAT in order to allow the City of Colleyville, Texas, sufficient time to analyze and prepare for hearing and decision on any requested rates, the City Council of the City of Colleyville, Texas, hereby suspends the operation of the proposed tariffs and Schedule of Rates, which would otherwise go into effect for a period of ninety (90) days from the effective date stated in TXU's Statement of Intent, or other documentation, as initially filed or hereafter revised, Le., suspension until midnight, June 21, 2001, and for such additional period of time as may be necessary and authorized by law. During such period of suspension, the rates in force shall be those rates in effect when the suspended schedule was first filed and shall continue in force until finally approved, modified or denied by the City Council. THAT the City of Colleyville, Texas, should join with other participating cities to review such filing' and to intervene before the Texas Railroad Commission, subject to the right to terminate such participation at anytime by written notice and to act independently in the exercise of local regulatory authority. THAT the City Secretary shall cause copies of this resolution to be sent to the TXU representative: Mr. Rick Vaughn Area Manager TXU Electric and Gas Company Post Office Box 1329 Grapevine, Texas 76099 and to: Mr. Jay B. Doegay City Attorney City of Arlington Post Office Box 231 Arlington, Texas 76004-0231 for forwarding to the Steering Committee of Northwest Metro/Mid-Cities Distribution System Cities. AS IT IS SO RESOLVED. Passed by a vote of day of ATTEST: Cynthia Singleton, TRMC City Secretary ayes, ,2001. 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S-s:s: c. - n c m 0 "'C - ::+ -I m - - m en . ~ C BEFORE THE RESPECTIVE GOVERNING BODIES OF THE NORTHWEST METROIMID CITIES DISTRIBUTION SYSTEM CITIES STATEMENT OF INTENT TO CHANGE RESIDENTIAL, COMMERCIAL AND INDUSTRIAL RATES AND TO ELIMINATE THE RATE SCHEDULES FOR PUBLIC FREE SCHOOLS-N AND COMMERCIAL CONTRACT FOR PUBLIC SCHOOL GAS SERVICE TO THE HONORABLE GOVERNING BODY OF EACH NORTHWEST METRO/MID CITIES DISTRIBUTION SYSTEM CITY: COMES NOW TXU Gas Distribution, a Division of TXU Gas Company (UTXU GasU), a gas utility under Subtitles A & B of Title 3 of the Texas Utilities Code (Vernon 1997) ("Utilities Code"), and files this its Statement of Intent to Change Residential, Commercial and Industrial rates and to eliminate the rate schedules for Public Free Schools-N and Commercial Contract for Public School Gas Service in the Northwest MetrolMid Cities Distribution System ("NW MetrolMid Cities System"), pursuant to Utilities Code 9104.101 -104.111. Your city is one of the cities included in the NW MetrolMid Cities System, which are listed in Attachment A to this Statement of Intent. Also filed herewith and made a part hereof for all purposes, is the Tariff for Gas Service in the NW Metro/Mid Cities Distribution System ("Tariff') and the supporting Cost of Service Schedules ("Schedules"). I. PROPOSED TARIFFS AND SCHEDULES TXU Gas DistributioA proposes to change its rates in accordance with the Tariff, which includes Rate Schedules 4100 - NW Metro/Mid Cities System Cities, 4101 - Residential Service, 4102 - Commercial Service, 4103 -Industrial Sales, 4104 -Industrial Transportation, 4108-1 through 4108-3 - Rate Adjustment Provisions, 9001 through 9007 - Miscellaneous Service Charges and Rider 4106 - Surcharges. The Tariff supersedes or amends as set forth therein, all previous tariffs for the services affected by this filing in effect within the city limits of your city. II. DETAILS OF PROPOSED INCREASE Details of each proposed increase are contained in Schedules A through L of the Cost of Service Schedules, which are filed herewith. The effect of the proposed increase on the revenues of the utility is set forth in Schedules L-1 through L-5. All Residential, Commercial, Industrial and Public Authority (if any) customers of TXU Gas Distribution within the city limits of your city and the other NW MetrolMid Cities System Cities will be affected by this change. The class and number of affected customers is set forth in Schedule J-1 and J-2 of the herein referenced Cost of Service Schedules. III. EFFECT OF PROPOSED CHANGES Estimated total increase in annual revenue is $10.16 million or 5.09% based upon Current Annual Revenue from Residential, Commercial, Industrial Rates-N and PublicAuthority Customers (Test Year ended September 30,2000) of $199.54 million and Estimated Annual Revenue under the proposed rates of $209.70 million. During the period when the proposed residential and commercial rates are ir:t effect, the proposed Weather Normalization Adjustment Clause may increase or decrease revenues. The clause will assist in eliminating unusually large fluctuations in customers' billings due to weather variations. The clause will also assist in leveling the Company's revenues and the City's franchise payments. The proposed charges for Mainline Extensions do not directly increase or decrease revenues. Payment by a customer for a gas main extension is accounted for in contributions- in-aid of construction, a deduction from total investment for rating making purposes, that reduces the rate base and ultimately the required rate. The proposed change will eliminate the rates for Public Free Schools-N and Commercial Contract for Public School Gas Service. Firm gas service will be available to public schools under the Commercial rate proposed herein, upon expiration of the current contract year under -2- the contract in effect between th~ school district and TXU Gas Distribution. The proposed change will also eliminate any Cost of Service Adjustment clause in place in your city. The proposed change will not result in a major change as that term is defined in ~104.101 of the Utilities Code. IV. EFFECTIVE DATE OF PROPOSED CHANGES TXU Gas Distribution hereby requests this Honorable Governing Body to approve the said Tariff for application within the corporate limits of your city beginning Match 23. 2001. V. NOTICE Service or publication of required notice containing the information relative to this Statement of Intent shall be made in accordance with applicable statutes and rules. THEREFORE, TXU Gas Distribution requests that your city allow such new rates to become applicable within the corporate limits of each NW MetrolMid Cities System municipality by operation of law or by ordinance granting it the authority to change rates. Respectfully submitted. TXU GAS DISTRIBUTION, a Division ofTXU GAS COMPANY By ~i)0vl Title Rates Manaaer Date Filed: :2 -I' - c> / -3- - ATTACHMENT A TO STATEMENT OF INTENT FOR THE NORTHWEST METROIMID CITIES DISTRIBUTION SYSTEM CITIES SERVED BY TXU GAS DISTRIBUTION AFFECTED CITIES Addison. Texas Argyle, Texas Arlington, Texas Aubrey , Texas Bedford, Texas Carrollton, Texas Colleyville, Texas Coppell, Texas Copper Canyon, Texas Corinth, Texas Cross Roads, Texas Dalworthington Gardens, Texas Denton, Texas Double Oak, Texas Euless, Texas Farmers Branch, Texas Flower Mound, Texas Grapevine, Texas Hickory Creek, Texas Highland Village, Texas Hurst, Texas Irving, Texas Justin, Texas Keller , Texas Krum, Texas Lake Dallas, Texas Lewisville, Texas Lincoln Park, Texas Mansfield, Texas Marshall Creek, Texas North/ake, Texas Pantego, Texas Pilot Point, Texas Ponder, Texas Roanoke, Texas Sanger, Texas Shady Shores, Texas South/ake, Texas Trophy Club, Texas Westlake, Texas -4- IaTXU ~4~ TXU Electric. GAs 200 North Ector Drive Euless. TX 76039 February 16, 2001 [Q)rnffi~l] Ms. Dianne McWethy Interim City Manager City of Colleyville 5400 Bransford Rd. Colleyville, Texas 76039 Dear Ms. McWethy: As you are aware, TXU Gas Distribution recently fIled a Statement of Intent to change the rates for local gas distribution service in the NW MetrolMid-Cities Distribution System, which includes your city. This letter confIrms that if your city agrees (1) to accept TXU Gas Distribution's proposed rate changes, as fIled, and pass an ordinance approving the proposed rates, and (2) to forego any right to panicipate in an appeal to the Railroad Commission of Texas should the Company file one, the Company will agree as follows: 1. If any other city in the NW MetrolMid-Cities Distribution System negotiates a settlement with TXU Gas Distribution that results in rates that are less than the proposed rates as fIled by the Company with that city, the Company will offer those same settlement terms (reflected as a percentage reduction of the rates as proposed) to your city, such that no other city in the NW MetrolMid-Cities Distribution System will receive more favorable rate treatment than that offered to your city. For example, if City A negotiates a settlement that results in its rates being 10% less than those proposed by the Company, your city will be offered a 10% reduction in the rates as proposed by the Company and approved in your ordinance; 2. The new rates will not be implemented until after June 21, 2001; 3. Customers in your city will not be surcharged for any rate case expenses associated with this Statement of Intent or any appeal to the Railroad Commission of Texas, should one be fIled. Passage of an ordinance approving the new rates as fIled will constitute your city's acceptance of this offer. Of course, if your city accepts this offer, and the Company does not reach a mutually agreeable settlement with any other city in the NW Metro/Mid-Cities Distribution System that results in rates that are less than the proposed rates as filed, rates in your city will be set as proposed in the Statement of Intent and passed in the ordinance, and will not be adjusted to comport with the results of any appeal. We appreciate your consideration of the Company's proposal. Please feel free to call me if you have any questions. Sincerely, Steve Houle Vice President TXU Electric & Gas .. .-....:71. -. "'.:-- ..-.--c t~.--e,;., _.. . ""10..--. ...~-~ .~:~~ HEHO TO: CITIES SERVJm BY Tm GAS COMPANY NORTHWEST METRO/HID-CITIES DISTRIBUTION SYSTEM ' FROM: Jay Doegey, Arlington DATE: February 23, 2001 SUBJECT: TXU Gas Proposed Rate Increase By now you should have received a copy of TXU Gas Company's Statement of Intent to increase gas rates in the Northwest Metro/Mid-Cities Distribution System. It should have been filed by TXU Gas with your City Secretary on February 16, 2001. On that same day I notified you of a meeting of the 40 affected cities in Arlington on Thursday, March 1, 2001, at 2:00 p.m. (3rd Floor, First Bank Building, 200 E. Abram). The purpose of the meeting is to discuss the case and the formation of a steering connnittee to analyze the case and make recommendations to the affected cities. Since the cities vary on the frequency of city council meetings I I have attached a model staff report and suspension resolution for your city to consider on or before March 23, 2001, the proposed effective date of the new rates. If adopted, cities can suspend action on the rates for an additional 90 days (until June 21) in order to allow time to analyze the filing, attempt a negotiated settlement with TXU Gas, make recommendations to participating cities, hold public hearings, and take final council action prior to June 21. JBD/blj Attachments .~ CITY COUNCIL Tm. AGENDA BRIEFING For mta. : 03/20/01 CMO Approval: Item # : 10 Report : Previous Action: None DEPT. : FINANCE SUBJECT: Monthly Financial Report - February 2001 General Fund The percentage of current year taxes collected is ahead of February 2000. Sales tax revenue received in February was up by $2,542/1.25% over the amount received in 2000. The TXU Electric Franchise payment was up 11.47% over last year due to the heat in summer 2000. Residential permits are down by sixteen over February 2000 and are down for the year by forty-one. Municipal Court revenues are up due to greater citations issued in September and greater efforts in warrant collections, however citations issued this fiscal year are down and a decrease in revenue may occur in future months. The average amount expended by the departments at the end of February is 37.3%. Utilitv Fund Water sales and usage are down due to the rain received from November 2000 through January 2001 and cooler temperatures as compared to the same time period. The average amount expended by the Utility Fund at the end of February is 30.7%. ~~ 'h1~ CITY MANAGER ~~AA; EPART EAD FINANCIAL REVIEW (IF NECESSARY) MONTHLY FINANCIAL REPORT -FEBRUARY 2001 ~~""_.ljl. Current Taxes Delinquent Taxes Penalty & Interest $4.906,127 31,000 30,000 $4,682,408 20,803 7,712 $4,660,821 7,750 5,000 [QT~::IP~~yjq9R~M:iw~!I::i::::::::::::::::i::::::::::::Ii:::~i:::::i~i::i::i::i::J'::i:::e~~?~:~l?7i:~if:i:i':i':i::H~7~P~i$~:~d"r::':"':':$4;~7~;~'lJ.::':: TU Electric $665,000 $732,015 $665,000 Tri.County Electric 30,393 36,498 30,393 Lone Star Gas 110,000 0 0 Southwestern Bell 156,767 74,709 78,384 General Telephone 22,895 10,362 5,724 Refuse 86,009 33,629 28,670 Cable TV 120,798 66,831 60,399 TQTiJl'FR#;Nqfli~g:'I~i~:i:::ii:::::i::i::::::::'i:::::::::::f::I::::::::::'::::::::::::i~:~:~i~:~~~i::'::(:)):::$~4.~~::::':::::::::)::::$1i$.~j~~:::;::::~:J: Sales Tax Mixed Beverage Tax $1,791,491 18,400 $619,985 13,181 727,126 9,200 ..... .....", ."._-, ....... ..... ..-.. ................. " ........_ d_ ... d._. ......, .--....,... .' -_........-. . . ,-.. ,. ._d_........,.,. .....<..,'.......'....:,PERCENT .. .- ,-", ",. ....~.~~.,....:.(..>.).CflANGr .. .............. $4,247,642 16,695 8,528 ...._-.-...................-- . ................--.---..-..... ... .$4;~7f,~9$ $656,715 o o 76,762 11,074 27,938 56,776 :~g~;?ij~ $642,380 8,276 j@fAE:'?!AUes.:+AX:-::.:::.:::i:i:::::::::,::::::I::i::::::i:::i::::::i:::::::::I:II::::::I::;:;::;::::::::iJ..~m*-iii::::::I::::::,:::::I:::I$.li~~:~~::::::':'::,:::::::::::::I:i?ii;,,?I:r::::;II::::,::q:::::~~qi@$.i:::: Building Plumbing Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits $793,000 140,712 98,800 37,000 149,000 1,000 1,650 2,500 3,300 525 $171,463 40,018 29.364 14,743 7,960 273 1,120 1,715 2,125 126 $183.000 32,472 22,800 15,417 62,083 417 688 1,042 1,375 219 $369,226 56,440 45.246 17,960 76.362 505 224 1,260 1.626 325 10.24'}l 24.61% .9.57~ 11.47% 100.00% 0.00% .2.67% .6.43% 20.37% 17.71% ...................... .,:!pq:m$ .3.49% 59.27% .53.56% .29.10% .35.10% .17.91% -89.58% .45.94% 400.00% 36.11% 30.69% .61.23% TQT>i:ij~qiN~!I,i::emM!]~::~:::::::~:::::::::::::::::::::::::::I::::::::::::::::::II:I~:~ii.i~.::::::::::::::::::::::I:::.i~'I;?::L::::::::::::::::::::::::gt:l~i:~:g::U::::::::::::i::::::::':::::':~~~i:i74::U:::::;:I::::::::L::fl?!:lil: Fines False Alarms $465,250 7,550 $225,472 o :,::$?.@.~~i?g:: .."" $193,854 3,146 :n::.~~~l;99Q $198,671 3,000 :)~PJ#ftF) 13.49% .100.00% "..~mm15 MONTHLY FINANCIAL REPORT -FEBRUARY 2001 ;~;~~ii~~S::1$; "'-".......".. ........... ...... """,' .......-....' ....--..-..... ..-.-.-.....,.... .. ..-...... .. -'--.--' .,............ ." .... .....,. - ......- . ................ --". ......d........ .... ..........."...... ...............?..PERCENT.... n"'_"""___""__ ,. ..'--"""""--""" "'," ....-."..,.......,.., .. .."...,---..- --".....-..- .... -."" U........H...($Af,lGE............ ..... -............-_.... Re.zoning , $13.200 $5.000 $5,500 $6.500 -23.08% Plat Fee/Site Plan 20,750 3,258 8,646 6,453 .49.51 % Board of Adjustment 1,250 625 521 750 .16.67% Sale of Material 3,000 1,898 1,250 1,545 22.85% Weed Mowing 7.500 0 0 435 .100.00% Animal Impoundment 3,550 2.077 1,479 2,085 .0.38% Ambulance 65.000 26.707 27.083 28,228 .5.39% Recreation Program 120,600 13.089 5,500 11,197 16.90% Non.Resident Fee Parks 17,810 5,640 5,500 9,720 -41. 98% Field Use Charge 24,000 5.945 5,500 5,915 0:51% Engineering & Inspection 85.000 55,312 35,417 84.554 .34.58% Chgs & Reimbursements 12,000 2,865 5,000 10.830 .73.55% Commumity Center Rental 176,600 66.289 73.583 74,764 .11.34% Lot Drainage Insp Fee 32,500 7.500 2.708 13,500 .44.44% 1i9T"*qH~R@1~'f:Qi..~iQg::...:I:::....:...::::.::.:I..:.:::....:.::::.::.::::.:.:.:.ilii~i~:: .................. . .... j~~![!)~I~)~$~!P~~.!~i j;i;i~ir~!i~ii~!i[Ii~ii$~!tl~~~I![[j t.. .... :f};i;)$?~~H~!9r~? rmi;;!:~i~;ii:t?~~~q%:; DARE Officer Reimb $60,775 jpT~JNjjfjR@qyeRWMyj[tiR....-.:.:::::':'::'::':::::""..:..:.:.:.:..:I:...:::..:.$m~77~;,.. $0 $0 $0 Sale of Surplus Property Interest Income Miscellaneous Us~ of Fund Balance FY 2000.Murray Celebrate Colleyville Contributions Murray Const Lawsuit Settlement Tower Renta I $10.000 330.000 14,500 195,000 20,000 150.000 63.250 .:.:.:..,..:-:':-..--:-.-.._'.....'..,'..,.,'...................................'.....'................... T()TAM..MI9q~q@4W;gQ$,; ...... ......... .....-........... ..............,..........-..... n.$f$4~tm:!.. Transfer from Utility Fd $418,458 'l'QTAtNrnANs#i~/RS;:...f..::::::::::I..:I.I'.::.:':..:::.:.I::.::'::::.::..::::::::::'.::.:.:..:.:.:.:..::::.::...11.!.'+.i~.:. $8.870 40.548 11,298 o 21 ,440 150.000 19,181 ." .." ,.::,i..i:~~~~z:: $0 $8,500 35,000 6,042 o 20.000 150,000 19,500 $0 20.515 7,302 o 7,000 o 21,290 :$.Z~gi9-4Z)/ "... ."'~i::...:;:i';,;:.' ..~#~;:t~( $0 $0 0.00% ........................ '.:..'...:Q;OO%' ......................... 100.00% 97.65% 54.72% 0.00% 206.29% 100.00% .9.91% ~4i;~, 0.00% .::.':::::.1:::::.:.::....::::::.:19;.: .1"(rr~t(ag~gR~g'fRmqiil:gN.w.m..::.::.:.:::'::...::..!..$.j.~~~l.'~~if9.. ":':.$,?:g#g~gl:::'nn....$!;~lJ..ttP9.....~;S3a;2i4)...,...",...,:,:.::".. "$.;~j% ....."........... MONTHLY FINANCIAL REPORT -FEBRUARY 2001 TOTAL PERCENT " THROUGH THROUGH INCREASE INCREAS .1 2/28/01 2/29/00 (DECREASE) (DECREASE) % OF CURRENT TAX ROLL COLLECTED 95.44% 95.26% 0,18% 0.19%11 RESIDENTIAL BLDG PERMITS 60 101 (41) .40.59%11 COMMERCIAL BLDG PERMITS 0 6 (6) .100.00% PLUMBING PERMITS 392 415 (23) .5.54%11 ELECTRICAL PERMITS 180 243 (63) .25.93%/1 CITATIONS ISSUED 3,677 4,024 (347) .8.62% CITATIONS APPEALED 69 60 9 15.00% City Council and Secretary City Manager Finance Legal Economic Development Engineering Building Inspection Community Development Fire Police Parks Recreation Marketing Community Center Streets & Drainage Municipal Court Fleet Maintenance Merit Pool Compensation Study .......p. ....I:'S' . no. . ',','" .... ... . - ... TOTAL EX ENS ..., $313,390 $108,847 $120,035 563,980 179,031 178,894 451.409 194,018 196,791 80,000 18,921 26,667 135,294 56,140 58,694 644,043 264,768 278.436 287,741 114,343 118,909 364,898 156,242 158,322 2.404,734 1,081,687 1,093,883 2,512,521 1,161,198 1,164,814 920,895 289,331 299.464 244,564 . 53,790 57,517 88,102 52,767 57,972 282,567 106,838 111,620 1,153,903 372,233 386,848 114,550 38,113 41,039 123,825 51,341 53,657 95,000 0 0 739,374 0 0 ..,.......:.:...,".i!i:I::!:!::!:!;,!:!!!:i:!:i::,!:!':..i:!:!:!!!::!!!!!::iji~:~~qi%lj] ':Ii:!!!!:!!i!Il~I~iI!!i: :::,!i':!:::":i);~9i~~~'!: ': ., . ........... ...............-............'........ 34.7% $204,54.:> 31.7% 384,949 43.0% 257,391 23.7% 61,079 41.5% 79,154 41.1% 379,275 39.7% 173,398 42.8% 208,656 45.0% 1,323.047 46.2% 1.351,323 31.4% 631,564 22.0% 190,774 59.9% 35,335 37.8% 175,729 32.3% 781,670 33.3% 76.437 41.5% 72.484 0.0% 95,000 '::::j~l~i! .I::::!!:!::!i?f:~i~:~~, MONTHLY FINANCIAL REPORT -FEBRUARY 2001 Water Sales Sewer Sales Sewer Installation Water InstallatIon Sewer Tie.on Charges Engineering Charges Penalties Miscellaneous $5,181.138 1.695,523 26.000 61,600 30.750 35,000 147,100 8.200 ........................................................................... :::;:::!:I:!!@I::;:}::.ZP;~i~JW:L: Interest Income Use of Fund Balance (Capital Projects) $300,000 825,000 $1,818.769 849,738 5,500 12,540 28.766 25,647 77.411 5.619 $1.826.413 706.468 10.833 25,667 12.813 14,583 61.292 3.417 $2,143.414 751,141 11,500 29.710 16,981 32,355 74,319 4,877 .15.15% 13.13% .52.17% .57.79% 69.40% .20.73% 4.16% 15.21% $94.631 o $75,000 o $14,629 o 546.87% 0.00% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 2/28/01 2/29/00 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 523.471.500 701,658,700 (178,187,200) .25.40% NUf\~BER OF WATER CUSTOMERS 7,359 7,146 213 2.98% AdminIstration $157.997 $65.495 $65,308 41.45% $92,502 Billing 145,368 66,332 65,563 45.63% 79,036 Operations 5.872,377 1.477,542 1,486.493 25.16% 4,394,835 Debt Service 1,097.433 784.722 784.722 71.51% 312,711 Merit Pool 34,864 0 0 0.00% 34,864 Compensation Study 65,114 0 0 0.00% 65,114 Transfer to General Fund 418.458 0 0 0.00% 418.458 MINUTES OF THE COLLEYVILLE CITY COUNCIL WORKSESSION February 15, 2001 The Colleyville City Council Worksession was called to order by Mayor Pro Tem Ginny Tigue, 2001, at 5:25 p.m. ROLL CALL: Councilpersons Mike Taylor and Jody Short were present. Mayor Pro Tem Ginny Tigue and City Secretary Cynthia Singleton were also present. Other attendees included Mr. Paul Reaume and Mr. Gregory Kuhn of The PAR Group. 1. DISCUSSION OF THE DEVELOPMENT OF A RECRUITMENT PROFILE FOR THE CITY OF COLLEYVILLE CITY MANAGER EXECUTIVE SEARCH Mr. Paul Reaume and Mr. Gregory Kuhn presented a Search Process Overview for developing a City Manager recruitment profile. Discussion ensued regarding qualifications and experience identified as desirable for candidates for the City Manager position. No formal action was taken. Mayor Pro Tem Tigue adjourned the meeting at 7:00 p.m. APPROVED THIS DAY OF AYES, NAYS, AND , 2001, BY A VOTE OF ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary Planning & Zoning Commission - Approved on 03/12/01 Minutes - February 26, 2001 Page 1 of 3 The regular meeting of the Planning and Zoning Commission was called to order by Chairman Hart at 7:00 P.M. on February 26, 2001. Roll Call: Present: Tom Hart, Jo Ann Gasper, Luann Edwards, Joe Hocutt, Mark Hollis, Jeffrey Wall, Bryan Hill Clayton Husband, Mike Johnston Staff: Invocation: Commissioner Hollis Approval of Minutes: February 12, 2001 Commissioner Gasper moved to approve the minutes. Commissioner Wall seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hill, Hart Noes: None 1. PUBLIC HEARING - Zoning Change requested by Matt Torbit, Mady Development, from AG Agriculture to PUD-R Planned Unit Development Residential, on 10.0 acres located at 3508 Glade Road, west of Roberts Road. Case Z-01-005 Clayton Husband presented the case to the Commission and reviewed the staff briefing. Chairman Hart opened the public hearing. Matt Torbit, 4919 Saddleback Road, Arlington, applicant. He stated they are providing larger lots in exchange for requesting smaller open space. He stated the density of the development of 1.8 units per acre is consistent with the Master Plan. He stated the tax exemption on the property is not currently generating any revenue for the City, and that the proposed development will provide significant revenue. Jim Beaver, 2916 Oakbriar. He stated he is a member of the church and that the church supports the development of the property and the proposed plan. Margaret Grantham, 3408 Glade. She stated she has spoken with the applicant about providing a landscape screen and consistent fencing along the west side of the development. Jeff Miller, 801 Colleyville Terrace. He spoke in favor of the request. Ricllard Smith, 2112 Oak Knoll. He spoke in favor of the request. Teri Solerno, Pleasant Run Road. She spoke in favor of the request. Melody Moore, 4617 Shady Creek Lane. She spoke in favor of the request. Robert Henry, 3515 Fox Glen Drive. He spoke in favor of the request. Hans Schlimer, 3909 Deepwood. He spoke in favor of the request. Planning & Zoning Commission - Approved on 03/12/01 Minutes - February 26, 2001 Page 2 of 3 Gary Cantrell, 3404 Glade Road. He stated he is generally in favor of the change. He stated the landscaping and fencing suggested by Ms. Grantham should be continued along the entire western property line. Mark Bolling 3029 Laurel Creek, Grapevine. He spoke in favor of the request. He stated he is associate pastor at the church. He stated the church and the applicant have discussed fencing along the north and east property lines and open space. He stated there are facilities on the church property that are used by church members and other groups. Mike Johnston, Colleyville Fire Chief. He stated that the development should have a second entrance. He stated that providing fire sprinkler systems in the houses would help address this issue. There being no one else wishing to speak, the Public Hearing was closed. The Commission discussed the emergency access requirements, uniform fencing standards, grading and drainage, and open space. Commissioner Gasper stated her concern about the possibility of frozen pipes if sprinkler systems were installed. She stated that multi-family uses should be specifically prohibited in this PUD ordinance, as requested by the applicant. Commissioner Hocutt stated his concem over setting a precedent if the waiver of open space was granted. Commissioner Edwards stated the ordinance should include the fencing standards and when the fence should be built, and should address the emergency access vs. sprinkler system issue. Commissioner Gasper moved to table Case Z-01-005. Commissioner Edwards seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hart, Hollis, Wall, Hill Noes: None 2. Citizens' comments regarding items not on the agenda: None. 3. Staff comments, reports and discussion items. Staff updated the Commission on Tom Niederauer's recovery. 4. Commissioners' comments and reports. None ADJOURNMENT: The Commission moved to adjourn the meeting at 7:55 p.m. The motion was seconded and passed by acclamation. Planning & Zoning Commission - Approved oD.03/12/01 Minutes - February 26, 2001 Page 3 of 3 Respectfully Submitted, 'fin. ~ 1-1 . Clayton Husband, AICP Development Coordinator Approved on: March 12,2001 as submitted. NOTE: As a matter of public record, an audio recording of the above Planning and Zoning Commission meeting is available upon request. MINUTES OF THE COLLEYVILLE CITY COUNCIL WORKSESSION FEBRUARY 28, 2001 The meeting of the Colleyville City Council was called to order by Mayor Arp on February 28,2001, at 7:30 p.m. ROLL CALL: Councilpersons Mike Taylor, Dana Feldman, Jody Short and Dennis Marlin were present. Mayor Donna Arp, Mayor Pro Tem Ginny Tigue, Interim City Manager Dianne McWethy, Bob Whitehead, Interim Assistant City Manager, Keith Fisher, Interim Public Services Director, Choyce Morrow, Development Engineer, Randy Brown, Public Works Manager and Chris Steubing, Capital Projects Engineer were also present. Other attendees included Mike Moya of Halff Associates, Inc., and GIS Analyst Sunny Lindsey. PUBLIC HEARINGS: 1. Reading and Public Hearing - Resolution R-01-1763 - Authorizing the approval for a Contract of Sale between the City of Colleyville and William H. Sneed in relation to the property on L.D. Lockett Road in the amount of $160,000 and authorizing the Mayor to sign the documents supporting the transaction Mayor Arp read Resolution R-01-1763 in its entirety and closed the Public Hearing. There was no one present wishing to speak and the public hearing was closed. Councilman Taylor made a motion to approve R-01-1763. Councilman Marlin seconded the motion. The vote was as follows: Ayes: Marlin, Feldman, Taylor, Tigue and Short Nays: None CITY COUNCIL WORKSESSION FEBRUARY 28, 2001 STAFF PRESENTATION: 2. Review and Discussion of Drainage Planning- for the City of Colleyville Chris Steubing, Capital Projects Engineer, presented an overview of the drainage needs of the City, including both historical and future., Upon conclusion of the presentation, Engineering and Public Works staff and the GIS Analyst answered questions of the Council related to drainage needs of the community. Several citizens were present at the meeting to provide input related to their drainage needs. No formal action was taken by the City Council at this joint worksession. A future City Council worksession will be held to provide an opportunity for the Council to establish drainage priorities for the City. Mayor Arp adjourned the meeting at 9:35 p.m. APPROVED THIS DAY OF AYES, NAYS, AND ABSTENTIONS. , 2001 BY A VOTE OF Minutes taken and prepared by: Dianne McWethy Interim City Manager Zoning Board of Adjustment Minutes - March 13, 2001 Page 1 of 4 - Draft Copy The regular meeting of the Zoning Board of Adjustment was called to order by Vice Chairman Larry Henry at 7:00 p.m. on March 13, 2001. Roll Call: Present: Cheryl Feigel, S~ip Reynolds, Jeff Byerly, Larry Henry, Rich Munson -- Dee McNosky, Jerry Birkes Barry LeBaron Absent: Staff: Approval of Minutes: January 9, 2001 Skip Reynolds moved to approve the minutes as submitted. Rich Munson seconded the motion. The motion was passed by an "Aye" voice vote. Vice Chairman Henry explained the procedures of the Zoning Board of Adjustment to the audience. He stated that that all present members will be voting members for the meeting. Vice Chairman Henry outlined the meeting format for the audience. 1. PUBLIC HEARING - Roy Gomperts for a variance from Section 3.26 - Fences, Free Standing Walls, and Screening Materials - to allow the construction of a fence that would encroach over the side building line along San Bar. Lane of Lot 2, Block 3R, Woodbriar Estates West, 111 W Greenbriar Court. Case A-01-001 Roy Gomperts was present to present his case to the Board. He spoke in favor of extending the fence to allow his son more room to play in the yard and have a basketball hoop. He said that the fence would be an eight foot pine fence. Mr. Gomperts said that he spoke with the neighbors behind him, next door and across the street and they ~aid that they didn't have any problem with the location of the proposed fence. Staff presented the case to the Board and outlined the briefing in their packets. He showed the Board overheads that indicated the amount of green space on San Bar Lane even with the fence extended over the building line. Staff responded to Cheryl Feigel's question about concems that there would be no visibility problems if the fence is placed where it was proposed. Mr. LeBaron said that there would not be problem. He indicated on the overhead the location of the curb line in relationship to the property line and indicated that there would be no problem. The Board discussed the conditions of San Bar Lane. Skip Reynolds told the Board about the history of the development on San Bar Lane. Skip Reynolds asked Mr. LeBaron if the fence got built and the applicant wanted to put in an asphalt surface for a basketball court, what regulations regulated the location of the surface without needing a variance. Mr. LeBaron responded that there are no regulations addressing the location of flat work on a site. Mr. Gomperts responded that tne only reason he is requesting a variance is because the fence would look better at the proposed location than to have an open slab exposed on the corner outside a fence. He said that he would not have to worry about his child's saf~ty when he needed to retrieve a ball if the play area was fenced. Zoning Board of Adjustment Minutes - March 13,2001 Page 2 of 4 - Draft Copy Rich Munson said that he drove past the applicant's house tonight an it appears that the drainage would not encumber any adjacent properties if the basketball court were built and fenced. He said that the lot drains toward the street and not toward neighbors' properties. Mr. Munson said that the applicant's request would not exacerbate any existing drainage problem. There was no one else present wishing to speak, and the public hearing was closed. Vice Chairman opened the discussion phase of the meeting to the Board. Mr. Munson said that he walked off the current location of the fence from the property line at Mr. Gomperts' lot and then he did the same thing at the neighbors who had a comer lot. He said that the neighbor's fence is an existing condition that the fence is in the same location as what Mr. Gomperts is requesting. Mr. Munson said that the neighbors have not expressed any opposition and the Board would not be doing any disservice to the City if the request was granted. Larry Henry said that he has a concern that there will be a stockade fence running approximately 130' down the side of the fence with no proposed landscaping or breaks in the fence. He is concerned about the aesthetics of the fence. Cheryl Feigel said that there is currently and existing stockade fence. Mr. Henry said that another 30' to 40' will be added to the length of the fence. Ms. Feigel said that the Board can place a landscaping condition on the variance request. Cheryl Feigel asked the applicant if he would be maintaining the lawn on the street side of the fence. M" Gomperts responded that he would. Larry Henry asked the applicant if he would be willing ~ consider landscaping the street side of the fence. He responded that he had thought about possibly relocating existing shrubs, but did not want to commit to that. He said that he would do whatever the Board required. Cheryl said that there are many stockade fences in the City that are not landscaped and she did not want to encumber the applicant with that responsibility. Cheryl Feigel moved to approve the request Skip Reynolds called for a point of order. He asked how many votes are required to approve the variance request. Vice Chairman Henry said that four affirmative were required. Mr. Reynolds said that he has reservations with granting the variance even though he is sympathetic to a family that is concerned about the welfare of their children. He said that he particularly sympathetic to a family that is willing to take their request before the community, but there are a lot of comers in the subdivision that seem to be observing the setbacks. He said that if they vote for one variance, there may be others to follow. He said that he does not intend to vote against the request, but probably will abstain from voting. Mr. LeBaron said that from a procedural standpoint, there is a motion on the floor and it has not been seconded. He said that the motion needs to be seconded before the Board enters into discussion. Mr. Reynolds said that he is not requesting that the motion be killed either, but is trying to be candid about his concerns. Jeff Byerly seconded the motion. Vice Chairman Henry called for discussion by the Board. Zoning Board of Adjustment Minutes - March 13, 2001 Page 3 of 4 - Draft Copy Jeff Byerly said that he understood Skip's concern about everyone in the subdivision wanting a potential variance, but he would look at the unique situation where there is an extra large parkway and a required visibility triangle to avoid a traffic hazard. He said ~ith those unique conditions, he has no problem with approving the variance as the applicant has proposed. Rich Munson said that he concurs with Mr. Byerly that the applicant is fortunate that there is a narrow street with a large right-of-way. He said that if it were another situation, he would also have reservations. Vice Chairman Henry said that his only concern is the long unbroken stretch of fence that is not aesthetic pleasing. Mr. Munson asked if it would be appropriate for the Board to request some landscaping for the fence. Mr. Henry said that they could request it and make it a part of the approval. Skip Reynolds said that he could be more comfortable with the approval of the variance if some sort of landscaping was required. Cheryl Feigel said that the landscaping would add to the aesthetic appeal of the fence, but it may be difficult for the Board to come up with some sort of landscaping plan at this meeting. She said that if the applicant is amiable to the landscaping, it might be in the best interest of everyone to table the case and have the applicant bring a landscaping proposal for the Board to review. Jeff Byerly said that he would be more inclined to approve the variance as requested without the landscaping. He said that he also drove by the house and across the street is a long stretch of stockade fence without landscaping. He said that it would be the same look if the applicant placed a long fence along the building line. He said that if the requested fence were encroaching onto the neighbors, he would be more inclined to add landscaping requirements since the fence is only encroaching toward the street. Discussion ensued about allowable fences that did not require a variance. Mrs. Gomperts addressed the Board and told them that the fence would not extend to the front of the house. She said that it would be placed about four feet back from the front. Vice Chairman Henry called for the vote. The vote being: Ayes: Feigel, Byerly, Munson, Henry Noes: None Abstained: Reynolds ADJOURNMENT: There being no further business, the meeting adjourned at 7:45 p.m. Zoning Board of Adjustment Minutes - March 13,2001 Page 4 of 4 . Draft Copy Respectfully Submitted, Jan Levy Planning & Zoning Assistant Approved on: January 09, 2001 as submitted. m/minlz b a minutes for 03 13 01 RESOLUTION R-01-1776 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MARCH 20, 2001 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. ,2001, BY A VOTE OF _ ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor