HomeMy WebLinkAboutCity Council-Agenda Packets-5/1/2001
City of
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Texas
AGENDA
CITY COUNCIL MEETING
5400 BRANSFORD ROAD
May 1, 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 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Property Acquisition - Fire Station
Property Acquisition - L.D. Lockett Road
Property - Proposed Sale of Land - 5209 Colleyville
Boulevard
Personnel - City Manager Executive Search
Sec. 551.072-
Sec. 551.072 -
Sec. 551.072-
Sec. 551.074-
7:30 P.M. - RESUME REGULAR MEETING
INVOCATION: Reverend Rankin Koch, First United Methodist of Colleyville
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 Proclamations to the City of Colleyville faith-based leaders.
Mayor Arp will present a Proclamation to Chief Mike Johnston designating Mayas
Trauma Awareness Month and May 20-26, 2001, as Emergency Medical Service Week.
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
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I CONSENT:
! j3. READING AND PUBLIC HEARING - Resolution R-01-1791 Consent Items:
Approval of minutes of the regular City Council meeting of April 17, 2001
a.
b. Approval of an updated Interlocal Agreement with the jurisdictions of
Tarrant County to provide reciprocal Mutual Aid for Fire Protection and
Emergency Medical Services
. c. Approval of setting a date for a public hearing concerning a request by
Grapevine-Colleyville Independent School District to move a portable
classroom building from Colleyville Middle School to Colleyville
Elementary School at 5800 Colleyville Boulevard, Case G-01-006
d. Approval of renewing the grounds maintenance contract to Landscape
Resources, Inc., in an amount not to exceed $284,180.28
e. Approval of a construction contract with S.L. Sibert Company, Inc., for the
Colleyville 2000 Waterline Improvements in the amount of $615,911
f. Approval of the vacation and abandonment of a 2 %' x 70' portion of the
rear drainage and utility easement on Lot 4, Block 10, of Ross Downs
Estates IV, 6707 Kennedy Drive, requested by Jules and Claire Dana,
Case G-01-007
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1276 - Special
: l Use Permit for a Laundry/Dry Cleaning Plant requested by Howard and Viola
LaFevers, on Lot 2, Block 1, C-D Subdivision located at 6515 Colleyville
Boulevard, Case Z-01-007
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1277 - A Zoning
Change requested by Matt Torbitt, Mady Development, L.P., from AG to PUD-R
on 8.44 acres located at 3308 - 3316 Glade Road, Strathmore Addition, Case Z-
01-008
I
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READING AND PUBLIC HEARING - Resolution R-01-1792 - Approval of a
Resolution to accept membership in the Cities Aggregation Power Project, Inc.,
and approve the Articles of Incorporation and Bylaws of said corporation
STAFF REPORTS:
7. QUARTERLY INVESTMENT REPORT
REPORTS:
8. PLANNING AND ZONING COMMISSION MINUTES - April 9, 2001
9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
10. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF May 1, 2001 - Reading
and Public Hearing - Resolution R-01-1793
ADJOURNMENT:
11. ADJOURNMENT
I certify the above agenda was posted on the bulletin board at City Hall on April 27,
2001, at 4:30 p.m.
~~ .
Cynthia Singleton, RM
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.
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CITY COUNCIL 'oxos AGENDA BRIEFING
For mtg. : 05/01/01 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 D
Sec. 551.071 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Property Acquisition - Fire Station
Property Acquisition - L. D. Lockett Road
Property - Proposed Sale of Land - 5209 Colleyville Boulevard
Personnel- City Manager Executive Search
Sec. 551.072-
Sec. 551.072 -
Sec. 551.072-
Sec. 551.074-
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CITY MANAGER . / /J "
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DE ARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
City Of
CC~nC6
CITY COUNCIL ""'Os AGENDA BRIEFING
For mtg. : 05/01/01 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 Proclamations to the City of Colleyville faith-based leaders.
Mayor Arp will present a Proclamation to Chief Mike Johnston designating Mayas
Trauma Awareness Month and May 20-26, 2001, as Emergency Medical Service Week.
FINANCIAL REVIEW (IF NECESSARY)
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roclamation.
CITY OF
Colleyville,
Texas
WHEREAS: the City of Colleyville would like to take this
opportunity to recognize all of our faith-based organizations for their
contributions to Ol!r community: and
WHEREAS, we recognize that we live in a Nation that affirms the right to freedom of
belief for all people everywhere; and
WHEREAS, the faith-basecl organizations in our community enable us to pray and
worship according to our own doctrines and traditions; and
WHEREAS, prayer is a way to foster a deeper awareness of inner peace and a loving
presence among us, it cOmforts us and gives us inner strength not only in
time of need. but also on a daily basis.~
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NOW, THEREFORE, I DONNA-AR~MAYOFfoF'THE CITY OF COLLEYVILLE,
TEXAS, do hereby_extend. our deepest appreciation to all of our faith-
based organ~s Jor pro~ing oyr p~ns a place to worship.
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IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville,
'. affixed this 1. day of May 2001. . -
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Mayor. City of Colleyville
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roclamation
CITY OF
Colleyville,
Texas
WHEREAS: the month of May has been designated by the City
of Colleyville as Trauma Awareness Month and the week of May 20-26, 2001 as
EMS Week; and
WHEREAS, emergency medical service is a vital public service in Colleyville; and
WHEREAS, each year in Texas, trauma is a major cause of death and disability; and
WHEREAS, Colleyville emergency medical service teams provide valuable lifesaving care in
Colleyville twenty-four hours a day, seven days a week; and
WHEREAS, access to quality emergency care dramatically improves the survival and
recovery rate for those who experience sudden illness or injury; and
WHEREAS, Colleyville Fire and EMS personnel care for the community by responding to over
500 emergency medical calls per year to render aid to those in need; and
WHEREAS, the citizens of CoIleyville benefit daily from the knowledge and skills of these
highly trained individuals.
NOW, THEREFORE, I, DONNA ARP, MAYOR OF THE CITY OF COLLEYVlLLE, TEXAS, do
hereby proclaim the month of Mayas
TRAUMA AWARENESS MONTH
and
MAY 20-26, 2001, AS EMS WEEK
in the City of Colleyville and urge our citizens to exercise safety, practice healthy
lifestyles, and express appreciation to our EMS Professionals.
IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville. affixed
this 111 day of May 2001.
"
RESOLUTION R-01-1791
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF MAY 1, 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:
II
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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 April 17, 2001, are
hereby approved.
b.
THAT the approval of an updated Interlocal Agreement with the jurisdictions
of Tarrant County to provide reciprocal Mutual Aid for Fire Protection and
Emergency Medical Services, is hereby approved.
c.
THAT the approval of setting a date for a public hearing concerning a
request by Grapevine-Colleyville Independent School District to move a
portable classroom building from Colleyville Middle School to Colleyville
Elementary School at 5800 Colleyville Boulevard, Case G-01-006, is
hereby approved.
d.
THAT the approval of renewing the grounds maintenance contract to
Landscape Resources, Inc., in an amount not to exceed $284,180.28, is
hereby approved.
e.
THAT the approval of a construction contract with S.L. Sibert Company,
Inc., for the Colleyville 2000 Waterline Improvements in the amount of
$615,911, is hereby approved.
f.
THAT the approval of the vacation and abandonment of a 2 %' x 70' portion
of the rear drainage and utility easement on Lot 4, Block 10, of Ross
Downs Estates IV, 6707 Kennedy Drive, requested by Jules and Claire
Dana, Case G-01-007, is hereby approved.
AND IT IS SO RESOLVED.
Passed by a vote of ayes,
of I 2001.
ATTEST:
Cynthia Singleton, TRMC
City Secretary
Resolution R-01-1791
Page 2 of
nays, and
abstentions on the
day I
CITY OF COLLEYVILLE
Donna Arp
Mayor
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
APRIL 17, 2001
The regular meeting of the Colleyville City Council was called to order by Mayor Donna
Arp on April 17, 2001, at 6:50 p.m.
ROLL CALL:
Council persons Jody Short, Mike Taylor, Dana Feldman, Dennis
Marlin, and Mayor Pro Tem Ginny Tigue were present. Mayor
Donna Arp, Interim City Manager Dianne McWethy, Interim Director
of Public Services Keith Fisher, Community Development Manager
Barry LeBaron, 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 D
Sec. 551.071 -
Sec. 551.071-
Sec. 551.071-
Sec. 551.072-
Sec. 551.072-
Sec. 551.072-
Sec. 551.074-
Consultation with Attorney
Legal - Potential Litigation - Summerbrook Subdivision
Legal - Potential Litigation - Irricon, Inc.
Property Acquisition - Fire Station
Property Acquisition - L.D. Lockett Road
Property - Proposed Sale of Land - 5209 Colleyville
Boulevard
Personnel - City Manager Executive Search
Mayor Arp explained that the Executive Session had been called in accordance with
Texas Government Code Chapter 551, Subchapter D, 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.
CITY COUNCIL MINUTES
APRIL 17,2001
The invocation was given by Pastor David Rose of First Assembly of God Church, after
which Ross Foster led the Pledge of Allegiance
2. CORRESPONDENCE, MISCELLANEOUS, REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS
Mayor Arp presented a Proclamation to Sarah Lowe, Texas Director of the National Day
of Prayer Organization and Reverend Carter and Ann Foster and announced that the
National Day of Prayer Organization Service would be May 3, 2001, at the Colleyville
Community Center.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-01-1783 Consent Items:
a. Approval of minutes of the regular City Council meeting of April 3, 2001
b. Approval of an Agreement with Newman, Jackson, Bieberstein Landscape
Architecture to prepare an evaluation of 901 L.D. Lockett Road property
and authorizing the use of Voluntary Park Fund monies in an amount not
to exceed $6,960
c. Approval of donation of books from Aletha Novosel for the L.D. Lockett
facility
Mayor Arp opened the public hearing and read Resolution R-01-1783 in its entirety.
Mr. Jim Moore, 1416 Glade Road, spoke in opposition to item b.
There were no others wishing to speak concerning this item and Mayor Arp closed the
public hearing.
Councilman Marlin moved to approve Resolution R-01-1783.
Mayor Pro Tern Tigue seconded the motion.
Ayes: Council persons Short, Taylor, Feldman, Marlin and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
2
CITY COUNCIL MINUTES
APRIL 17,2001
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1275 - Special
Use Permit for a Carport requested by John Horobec, on Lot 6R2, Block 4,
Chelsea Park Addition, located at 1809 Avalon Drive, Case Z-01-006
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1275.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mayor Pro Tern Tigue moved to deny Ordinance 0-01-1275.
Councilman Feldman seconded the motion.
Discussion ensued and staff reported that neighbors have no objections to the carport.
Staff stated that if Council denied the request, the applicant could petition the Zoning
Board of Adjustment for approval of the side yard encroachment for use as a patio.
Ayes: Councilpersons Taylor, Feldman, Marlin, Short and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1276 - Special
Use Permit for a Laundry/Dry Cleaning Plant requested by Howard and Viola
LaFevers, on Lot 2, Block 1, C-D Subdivision located at 6515 Colleyville
Boulevard, Case Z-01-007
Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1276.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Mr. Howard LaFevers, 1000 Shadywood Court, Southlake, Texas, applicant, was
present to answer questions.
Mr. Danny Smith of Texas Embree Group, Inc., 8050 Airport Road, Austin, Texas,
representing the applicant, was present to answer questions regarding landscaping and
parking.
Discussion ensued regarriing storage of the C02 product that is used in the cleaning
process.
3
CITY COUNCIL MINUTES
"APRIL 17,2001
6. READING AND PUBLIC HEARING - Resolution R-01-1784 - Approval of the
recommendation of the Sign Board of Appeals for a variance to allow three (3)
development signs in the 5100 block of Colleyville Boulevard, Case G-01-003
The applicant requested that this item be removed and Council took no action.
7. READING AND PUBLIC HEARING - Resolution R-01-1785 - A request by
Floyd Futch for a waiver of the perimeter street improvement requirement for
Lots 5R-1 and 5R-2, D.P. Arrington Limited Subdivision located at the northwest
corner of Glade Road and Montclair Drive
Mayor Arp opened the public hearing and read Resolution R-01-1785 in its entirety.
Mr. Floyd Futch, 2016 Glade Road, applicant, spoke regarding easements.
There were no others wishing to speak concerning this item and Mayor Arp closed the
public hearing.
Mayor Pro Tern Tigue moved to approve Resolution R-01-1785.
Councilman Feldman seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
8. READING AND PUBLIC HEARING - Resolution R-01-1786 - A request by
David Womeldorf for a waiver of the perimeter street improvement requirement
for Lots 1 and 2, Block 1, CrookM'omeldorf Addition located at 4809 Bill
Simmons Road with frontage on Patterson Lane
Mayor Arp opened the public hearing and read Resolution R-01-1786 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Marlin moved to approve Resolution R-01-1786.
Mayor Pro Tern Tigue seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin and Mayor Pro Tern Tigue
Nays: None
4
CITY COUNCIL MINUTES
APRIL 17, 2001
Mayor Arp declared the motion carried.
9. READING AND PUBLIC HEARING - Resolution R-01-1787 - Approval of
Intersection Warrant Studies and Traffic Analysis with Freese and Nichols, Inc.,
in the amount of $37,500
Mayor Arp opened the public hearing and read Resolution R-01-1787 in its entirety.
Mr. Kipp Whitman, 3402 Crossgate Circle South, spoke in opposition to the proposed
Resolution and regarding the timing, purpose, and cost of the study.
Mr. Mark Jones, 3604 Wexford Court, spoke in favor of the proposed Resolution.
There were no others wishing to speak concerning this item and Mayor Arp closed the
public hearing.
Discussion ensued regarding the timing, purpose and cost of the study. It was stated
that citizens requested the study and the fee is fair and appropriate.
Mayor Pro Tern Tigue moved to approve Resolution R-01-1787.
Councilman Feldman seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
10. READING AND PUBLIC HEARING - Resolution R-01-1788 - Replacing
Resolutions R-93-900 and R-93-942 appointing members to the Traffic Safety
Task Force
Mayor Arp opened the public hearing and read Resolution R-01-1788 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Arp closed
the public hearing.
Councilman Feldman moved to approve Resolution R-01-1788.
Councilman Marlin seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin and Mayor Pro Tern Tigue
Nays: None
5
CITY COUNCIL MINUTES
APRIL 17, 2001
Mayor Arp declared the motion carried.
11. READING AND PUBLIC HEARING - Resolution R-01-1789 - Approval
requiring each Elected Official or Candidate for City Office to file a financial
disclosure statement for the individual, the individual's spouse and minor children
Mayor Arp opened the public hearing and read Resolution R-01-1789 in its entirety.
Mr. Josh Coleman, 7204 John McCain Road, Mr. Steven Knight, 3917 Felps Court, Mr.
Gary Cinotto, 4107 Briar Ridge Drive, Mr. Fred Ballinger, 304 W. Bandit Trail, and Mr.
Mark Jones, 3604 Wexford Court, spoke in favor of the proposed Resolution.
Mr. Nelson Thibodeaux, 1503 Bellefonte Lane, Mr. Steve Magee, 6900 Shepherds
Glen, Mr. Steven Helling, 5503 Normandy Drive, Mr. Jim Moore, 1416 Glade Road, Mr.
Ed Baker, 6106 Highland Hills, Ms. Linda Baker, 404 W. McDonwell School Road, Mr.
Kipp Whitman, 3402 Crossgate Circle, Mr. Richard Newton, 6107 Lansford Lane, and
Mr. Dennis Newgren, 200 John McCain Road, spoke in opposition to the proposed
Resolution.
There were no others wishing to speak concerning this item and Mayor Arp closed the
public hearing.
Councilman Feldman moved to approve Resolution R-01-1789, as amended per the
requirements of the City Charter and City Attorney recommendations.
Councilman Marlin seconded the motion.
Discussion ensued regarding gifts of $250.
Mayor Arp introduced Steven Davenport, a University of Arlington student, interested in
city government.
Discussion ensued regarding the development of an ethics committee, purpose of an
ethics committee, review of the proposed Financia! Disclosure Statement by the City
Attorney, and the enforcement of penalties.
Ayes: Councilpersons Taylor, Feldman, Marlin, Short and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried
6
CITY COUNCIL MINUTES
APRIL 17, 2001
TABLED ITEMS:
12. CONSIDERATION OF 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
Mayor Pro Tern Tigue moved to remove this item from the table.
Councilman Short seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the motion carried.
Mr. Kipp Whitman, 3402 Crossgate Circle and spoke in opposition to the proposed
Resolution.
Mr. Mark Jones, 3604 Wexford Court, addressed the Council regarding the proposed
Resolution.
Discussion ensued regarding protection for the City of Colleyville if the City of Euless
did not adhere to the Agreement and the city's responsibility to notify citizens of future
developments located on city borders.
Councilman Short moved to approve Resolution R-01-1772.
Councilman Feldman seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman and Mayor Pro Tern Tigue
Mayor Arp declared the motion carried.
STAFF REPORTS:
13. MONTHLY FINANCIAL REPORT
There was no action taken on this item.
7
CITY COUNCIL MINUTES
APRIL 17, 2001
REPORTS:
14. PARKS AND RECRATION ADVISORY BOARD MINUTES - March 5, 2001
PLANNING AND ZONING COMMISSION MINUTES - March 26, 2001
TRAFFIC SAFETY TASK FORCE MINUTES - April 9, 2001
HISTORICAL PRESERVATION COMMITTEE.MINUTES - March 13, 2001
15. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
16. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF APRIL 17, 2001 -
Reading and Public Hearing - Resolution R-01-1790
This Resolution was not needed.
ADJOURNMENT:
17. ADJOURNMENT
There being no further business before the City Council, Councilman Feldman moved to
adjourn.
Councilman Marlin seconded the motion.
Ayes: Councilpersons Short, Taylor, Feldman, Marlin and Mayor Pro Tern Tigue
Nays: None
Mayor Arp declared the meeting adjourned at 10:20 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
8
, cc~~
CITY COUNCIL \ k J AGENDA BRIEFING
For mtg. : 05/01/01 CMO Approval:
Item# :
3b
Resolution # :
R-01-1791
Previous Action: None
DEPT. :
FIRE
SUBJECT:
Approval of an updated Interlocal Agreement with
~he jurisdictions of Tarrant County to provide
reciprocal Mutual Aid for Fire Protection and
Emergency Medical Services - by Consent
Reading and Public Hearing
The current Interlocal Mutual Aid Agreement with member cities of Tarrant County has
been in effect since 1979. It does not include wording concerning emergency medical
service (EMS) response by Fire Departments, or Incident Management and minimum
firefighting standards. However, all departments now provide EMS at the "first
responder" level. The updated Agreement provides for these crucial aspects of our
daily operations. Mutual Aid with Tarrant County cities is necessarily distinguished from
the recent Automatic Aid Agreements with our contiguous neighbor-cities. The Mutual
Aid concept is still necessary for more distant neighbors should the need arise for
assistance beyond our contiguous borders.
( continued)
FINANCIAL REVIEW (IF NECESSARY
Agenda Briefing
Resolution R-01-1791
Page 2
Financial Impact
None
Recommendation
Approval
Attachments
· Interlocal Agreement for Mutual Aid with Tarrant County Jurisdictions
The State Of Texas
County of Tarrant
Agreement for Mutual Aid in Fire Protection
And
Emergency Medical Services
This Agreement is entered into by and between the agencies signatory to this
agreement, hereinafter referred to as "member local government," "Parties," or "Party."
WITNESSETH
WHEREAS, the governing body of the member local governments, organized
under the general laws of the State of Texas, desire to secure for each local government
the benefits of mutual aid in the protection of life and property from fire and in
firefighting and emergency medical services; and
WHEREAS, this Agreement is entered into pursuant to Chapter 791 of the Texas
Government Code;
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1.
The following terms shall have the following meamngs when used In this
Agreement:
(A) For purposes oft}1is contract, "local government" means a:
(1) county, municipality, special district, or other political subdivision of
this state or a state that borders this state; or
(2) volunteer fire department constituted under state law
(B) For purposes of this contract, "mutual aid" refers to reciprocal assistance by
emergency services under a prearranged plan
2.
That upon request by the Fire Chief or his/her designee or by the fire alarm
operator of one member local government to the fire department of the other member
local government, available fire department equipment and personnel will be dispatched
in aid of the requesting member local government to any point within a reasonable
distance of the jurisdictional limits of the responding local government, subject to the
conditions hereinafter stated.
The Fire Chief of each member local government shall designate what constitutes
a reasonable travel distance outside the jurisdictional limits of the local government.
It is hereby declared and agreed that an emergency condition shall exist within the
corporate limits of a requesting member local government when one or more emergencies
are in progress. When such an emergency exists, upon request of the Fire Chief, or
hislher designee, or by the fire alarm operator of a member local government in which the
emergency condition exists (the "requesting local government") to the fire department of
another member local government (the "responding local government"), the Fire Chief or
designee of the responding local government will dispatch such fire department
equipment and personnel to the aid of the requesting local government as he/she deems
advisable subject to the conditions hereinafter set out.
3.
Any dispatch, of fire department equipment and personnel pursuant to this
Agreement is subject to the following conditions:
A. It is expressly understood and agreed that before responding in accordance with
this Agreement that each member local government will have an ordinance,
resolution, rule, or order adopted before the effective date of this Agreement
which sets out the standard of care for emergency action which substantially
states the following: "Every officer, agent or employee of the local government
and every officer, agent or employee of an authorized provider of emergency
services, including, but not limited to every unit of government or subdivision
thereof, while responding to emergency calls or reacting to emergency situations,
regardless of whether any declaration of emergency has been declared or
proclaimed by a unit of government or subdivision thereof, is hereby authorized
to act or not to act in such a manner to effectively deal with the emergency. An
action or inaction is 'effective' if it in any way contributes or can reasonably be
thought by the provider of such emergency service to contribute to preserving any
lives or property. This Section shall prevail over every other ordinance,
resolution, rule, or order of the local government and, to the extent to which the
local government has the authority to so authorize, over any other law
establishing a standard of care in conflict with this section. Neither the local
government nor the employee, agent or officer thereof, or other unit of
government or subdivision thereof or its employees, agents or officers shall be
liable for failure to use ordinary care in such emergency. It is the intent of the
local government, by passing this ordinance, resolution, rule, or order to assure
effective action in emergency situations by those entrusted with the responsibility
of saving lives and property by protecting such government units from liability,
and their employees, agents and offices from nonintentional tort liability to the
fullest extent permitted by statutory and constitutional law, this ordinance,
government of the alarm. If the emergency is not within the jurisdictional limits
of the responding member local government, it is agreed that the services
provided will be considered to have been provided pursuant to this Agreement.
4.
Each local government waives all claims against the other local government for
compensation for any loss, property damage, personal injury or death occurring as a
consequence of the performance of this Agreement.
Neither member local government shall be reimbursed by the other for costs
incurred pursuant to this Agreement, with the exception of supplies and consumable
items.
5.
All equipment, used by the responding fire department in carrying out this
agreement will, at the time of action hereunder, be owned by it; and personnel who
perform duties pursuant to this agreement shall receive the same payment, salary,
pension, injury or death benefits, workers' compensation benefits, payment of expenses,
and all other compensation and rights for the performance of those duties, as they would
have received for their regular duties in the service of the local government which they
serve. Each local government shall be solely responsible for the payment of its costs
associated with providing fire department equipment and personnel under this
Agreement.
6.
It is expressly understood that when an employee or volunteer of the responding
local government is performing duties under the terms of this agreement, that person is
considered to be acting in the line of duty for the purposes of 42 U.S.C.A., Section 3796;
is considered to be in performance of duties within the provisions of Article 6228f,
Y.T.C.S., and Chapter 142, Texas Local Government Code; and shall be entitled to any
other benefits which accrue under law as a result of injury, death, or loss which occurs
while in the line of duty.
7.
It is further understood and agreed that, in the execution of this Agreement and
contract, neither member local government waives, nor shall be deemed hereby to waive,
any immunity or defense that would otherwise be available to it against claims arising in
the exercise of governmental powers and functions.
resolution, rule or order shall be liberally construed to carry out the intent of the
local government."
'B. Any request for assistance under this Agreement shall specify the amount and
type(s) of fire department equipment needed, the MAPSCO location, and the
street address to which the equipment and personnel are to be dispatched.
Upon a request for mutual aid assistance by a member local government, under
the terms of this agreement, the typical response set for personnel and equipment
would be as follows: one unit offirefighting apparatus, pumper (engine) or aerial
(ladder), with a minimum of three personnel, or a brush truck or water supply
vehicle with a minimum of two personnel, or an ambulance with a minimum of
two personnel. However, variances to the typical response set for personnel may
be agreed upon at the time of the mutual aid request. The Fire Chief of the
responding local government or hislher designee may dispatch additional
equipment and personnel.
Responding personnel must meet the nummum frrefighting standards as
established by their jurisdiction or by the Texas Commission on Fire Protection
whichever is applicable.
Texas Department of Health certified personnel (Emergency Care Attendant,
Emergency Medical Technician, and Paramedic) may provide emergency medical
services to the degree allowed by their certification and Medical Control.
Supervisory personnel, support equipment and personnel, or additional frre
department equipment and personnel may also be dispatched to the member local
government by direction of the Fire Chief of the responding member local
government or his/her designee.
C. The requesting local government must have a command system in place and an
incident commander in charge of the incident.
D. The senior fire representative from the responding member local government shall
report to and be under the direction of the requesting member local government
Incident Commander, and will direct the utilization of his/her resources to assist
in mitigating the emergency in accordance with accepted procedures.
E. Fire department equipment and personnel from the responding local government
shall be released by the Incident Commander as soon as they are no longer needed
or when their services are needed within their normal fire protection area.
F. In areas where common member local government jurisdictional lines exist,
accurate determination of jurisdiction may not be possible upon receipt of an
alarm. In these '-8Ses, the local government receiving the alarm will dispatch its
fire department equipment and personnel and notify the other affected local
8.
Each local government agrees that if legal action is brought under this Agreement,
exclusive venue shall lie in Tarrant County, Texas.
9.
The validity of this Agreement and of any of its terms or provisions, as well as the
rights and duties of the Parties hereunder, shall be governed by the laws of the State of
Texas.
10.
Each member local government may terminate this Agreement upon thirty (30)
days' written notice to the other member local government.
11.
In case one or more of the provisions contained in this Agreement shall be for any
reason held to be invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision, and this Agreement
shall be construed as if the invalid, illegal or unenforceable provision had never been
contained in the Agreement.
12.
This Agreement contains all commitments and agreements of the member local
governments regarding mutual fire protection and emergency medical service assistance,
and no other prior oral or written commitments shall have any force or effect.
13.
This Agreement shall become effective between the Parties hereto on the day after
it is fully executed and shall continue in effect until it has been terminated according to
this Agreement.
14.
This Agreement may be amended or modified by the mutual agreement of the
Parties hereto, in writing, to be attached to and incorporated into this Agreement.
15.
This Agreement shall be executed by the duly authorized official(s) of the party
as expressed in the approving ordinance, resolution, rule or order of the governing body
of such Party, a copy of which is attached hereto.
Executed this
day of
, 2000.
Name of Local Government
Title
Approved as to form:
Title
Attest:
Cir~' 01
,ca~~
CITY COUNCIL \ {;; / AGENDA BRIEFING
For mta. : 05/01/01 CMO Approval:
Item#:
3c
Resolution # : ,
R-01-1791
Previous Action: None
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Approval of setting a date for a public hearing
concerning a request by Grapevine-Colleyville
Independent School District to move a portable
classroom building from Colleyville Middle School
to Colleyville Elementary School at 5800
Colleyville Boulevard - by Consent
Reading and Public Hearing
Valerie J. See. Grapevine-Colleyville Independent School District (GCISD) Operational
Services, has submitted a request to relocate one modular classroom from the
Colleyville Middle School campus to the Colleyville Elementary School campus. Ms.
See said that the enrollment at Colleyville Elementary School is at a level that
necessitates using the portable classroom. The Code of Ordinances specifies that the
City Council must first set the date for holding a public hearing prior to considering any
request to relocate a modular building within the city. Approval of Resolution R-01-1791
will set the date of May 15, 2001, as the public hearing date to consider this request.
Recommendation
Approval
~ Wu~~
C MANAGER /)
D~
( continued)
FINANCIAL REVIEW (IF NECESSARY)
Attachments
. Application from Valerie J. See, GCISD Operational Services
. Exhibit "A" - Site Plan - Colleyville Elementary School
Agenda Briefing
Resolution R-01-1791
Page 2
TO THE CrTY SECRETARY, CrTY OF COLLEYVlLLE, TX:
APPLICATION FOR PERllrr
TO MOVE A BUI.DINO OR STRUCTURE INTO THE CrTY
1. NAME:
Grapeme.ColleyvlDe Independent School DIatrIct
ADDRESS: 3051 Ira E. Woods, Grapevine, Texas 76051
PHONE NO: 817.251-5610 (Valerie See - Operational Services)
2. Whether the buldlng or RuotLn Ia:
(a) To be moved Into the corporate linlts of ColleyvUle from outside b corponde linb , or
(b) To be moved1rom one location wllhln the corporate 1mb of ColleyvUIe to ano1her location
within Ita corporate 1inIIs.
An....-:
B
Coming from Coaeyvllle Middle School - 1 100 Bogart Street
3. DMcrtptlon.... .. of the houM, buDding or etructuN to be rnovH (together with. pIcb.n
thereot):
One portable building 24 ft. by 60 ft.
4. Legal deecrlptlon of the lot and the IOCIlI ....... upon which the hou.., buldlng or etnJcture Ie to
be moved or relocated on It a permit Ie granted by the City Councl:
ColleyvUIe Elementary School 5800 ColleyvlUe Boulevard
Looney, Nancy B Survey A 837 TR 1 K
5. A drawing or plot plan .howlng the dlrMnalona of the lot or INct of land upon which the houM,
buldlng or atrucI:uN I. to be moved or NIocatN, and the location of the exlatlng buDding. or
atrucbn. upon the lot, It any, together with the Ioc8tIon of exIat1ng bullcllnga or atructure. upon
"Inlng Iota.
See Allachecl Site Plan - Exhibit "A"
NOTE: Any of the above Information may be furnished by exhibits attached hereto, and marked
exhibit "A", "B", "C", etc.
I am ellher the owner or authorized to pay the required for $15.00) and make this application on behalf of
the owner oflhe properly sought to be moved.
Date of FII~g: .Af1 O}O1
i"/I'/
I
-~
,-----------------------------l
I
j Exhibit "A"
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Cil~. 01
cc~~
CITY COUNCIL \ {;; I AGENDA BRIEFING
For mta. : 05/01/01 CMO Approval:_
Item # :
3d
Resolution # :
R-01-1791
Previous Action: None
DEPT. :
PARKS AND RECREATION
SUBJECT:
Approval of renewing the grounds maintenance
contract to Landscape Resources, Inc., in the
amount not to exceed $284,180.28 - by consent
Reading and Public Hearing
On May 2, 2000, City Council approved award of a contract in the amount of
$273,895.51 to landscape Resources, Inc., for the grounds maintenance contract. The
contract expires May 31,2001, with an option to renew for four (4) additional one (1)
year periods at a five percent (5%) increase per year.
The contract includes chemical applications, landscaping and horticultural maintenance
and mowing. Landscape Resources, Inc., has performed well .in all areas of service.
Within the last year, the City has increased the number of properties maintained by
Landscape Resources, Inc., to include the Colleyville Community Center and Shalimar
property. Kimzey Park is under renovation and will be deleted from this contract. A net
deduct change order in the amount of $3,410 is proposed to include the additional
properties in the contract.
(continued)
/~~
DEPAR4E EAD
Agenda Briefing
Resolution R-01-1791
Page 2
Financiallmoact
Funds are available in FY01 Park Maintenance Miscellaneous Contractual Services
account 001-32-6226 to provide services for the months of June through September
2001 in the estimated amount of $90,080.28. The estimated remaining balance of
$194,100 will be paid from FY02 Miscellaneous Contractual Services account 001-32-
6226 to provide services during the months of October 2001 through May 2002.
Recommendation
Approval
.$
CITY COUNCIL 7..~' AGENDA BRIEFING
For mta. : 05/01/01 CMO Approval:
Item # :
3e
Resolution # :
R-01-1791
Previous Action: None
DEPT. :
ENGINEERING
SUBJECT:
Approval of a construction contract with S.L.
Sibert Company, Inc., for the Colleyville 2000
Waterline Improvements in the amount of
$615,911 - by Consent
Reading and Public Hearing
On May 5, 2000, the Council approved the design contract with Kimley-Horn and
Associates for the design of the Colleyville 2000 Waterline Improvements. These
improvements will increase water pressure, upgrade fire protection, and reduce
maintenance cost. The two-inch waterline replacements will take place in the Plymouth
Hills Estates Subdivision, and along Beverly Drive from Bransford Road to Pleasant
Run Road. Additional six-inch waterline replacements will take place at the Laurel Oaks
Subdivision, Leta Lane, and along L.D. Lockett between Lowrie Road and Quail's Path.
Bids were received on March 27, 2001, for the construction of the Colleyville 2000
Waterline Improvements. Five bids were submitted with S.L. Sibert Company, Inc.,
being the low bid of $535,575 (Base Bid D, HDD Bid A, B, C and Additive Alternate Bid
E, F) with $80,336 (15%) for contingencies.
( continued)
#~, Yz2u.t/~
ITY MANAGER )
DEPARTMENT HEAD
REVIEW (IF NECESSARY)
Agenda Briefing
Resolution R-01-1791
Page 2
Financial Impact
Funding is available through the 1998 water and sewer revenue bonds and water
impact fees.
Recommendation
Approval
Attachments
. Bid Tabulation
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CITY COUNCIL Tm< AGENDA BRIEFING
For mtg. : 05/01/01 CMO Approval:
Item # :
3f
Resolution # :
R-01-1791
Previous Action: None
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Approval of the vacation and abandonment of a 2
%' x 70' portion of the rear drainage and utility
easement on Lot 4, Block 10, Ross Downs
Estates IV, 6707 Kennedy Drive, requested by
Jules & Claire Dana - by Consent
Reading and Public Hearing
The applicant has requested the vacation and abandonment of a 2 %' by 70' portion of
the rear 7 %' wide drainage and utility easement on Lot 4, Block 10, Ross Downs
Estates IV, in order to construct a swimming pool. The city has received releases from
all franchise utility companies and the city's Engineering Department.
Recommendation
Approval
Attachments
· Application (6 pages)
zf~ Ynu/~
CITY MANAGER
D~
FINANCIAL REVIEW (IF NECESSARY)
APPLICATION FOR THE VACATION/ABANDONMENT OF A PUBLIC
DRAINAGE & UTlUTY EASEMENT IN LOT ~ BLOCK.!Q, OF
~cs<:~~~~\es t" . AN ADOmON TO THE CITY OF COLLEYVlLLE,
TARRANT COUNTY, TEXAS
Date:~ ItD \Ol
TO THE CITY OF COLLEYVlLLE:
The lI1dersigned hereby makes application for the vacation and abandorvnent of that
par1ion of the plblic c:i'ainage and utility easement situated in the above named addition.
&'1d partiaJIarty desaibed in Exhibit -A- and -8-, attached. In support of this application,
the undersigned represent. warrant and submit the following:
1. Attached as Exhibit -A- Is a survey plat showing the property rights to be
abandoned and any easements or public facilities contained in the area for
which abandor.ment is l'8qU8Sted.
2. Attached 8S Exhibit aa- is a metes and b9t,md desaiption of that portion of
the public drainage and utility easement ProPosed for abandonment
3. Attached as Exhibit -ce is the consent of public utilities to such vacation.
The following questions should be answered completely:
1. Why does the property owner wish to vacate this easement?
~~t\.v..(:.~~~ 6b a.. ~~v~ ~
2. How is this easement currently being used?
JMav,\Ct.~~d u.h.1.~
3. How does the property owner propose to use the area of this easement, if
vacated?
. )cJkk~'n-w~~QocoJQc!'lN"~~'
PropertyOwner: Name-~ f C.h~ DQ(V~
Address- CDlo"\ ~~I\h~ ~~
Phone # - (<;11) l\~'" -~'35
THE STATE OF TEXAS
COUNTY OF TARRANT
ACKNOWLEDGMENT
BEFORE ME, the undersigned authority, on this day personally appeared
~T LJ LE.~ hA N A known to me to be the person(s) Whose name(s)
subscribed to the foregoing instrument, and ad<nowIedged to me that helshelthey
executed the same for the purposes and consideration therein expressed.
~%r,(EN under my hand and seal of office on this the :J 5 Vi- day of
_L .AD.~.
.;a,0I Q (
N~~mT_
" ~
DOROTHY L POSEY
NOTARY PUIUC
STATE OF TEXAS
COIlt. Exp. 1.2~5
/ /t9- /0 5
Commission Expires
.
..
SURVEY'PLA T.
.\Dl)IU:'~S: (,luJ t:.clIDalr l>n~C. COLLIYVILLE..Te.US.
cf.{"C. "',......,. _ I..... _DOwNS tSfA US IV, .. ......... "' ,'" L', .. ,....".., , \ II , ·
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. ,,,lun'\' r c:\1\S
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~\ ~l\11~~11I. 'his rt:Sldenc:C IS "OT in a FloOd li:17.ard /Uf:fL ~ I~ in lOftC X I
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CITY COUNCIL 7w> AGENDA BRIEFING
For mtg. : 05/01/01 CMO Approval:
Item # :
4
Ordinance # :
0-01-1276
Previous Action: 04/17/01
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
Special Use Permit for a Laundry I Dry Cleaning
Plant requested by Howard and Viola LaFevers on
Lot 2, Block 1, C-D Subdivision, located at 6515
Colleyville Boulevard, Case Z-01-007
Second Reading and Public Hearing
First Reading and Public Hearing
Mr. and Mrs. Howard LaFevers have applied for a Special Use Permit for a Laundry I
Dry Cleaning Plant on Lot 2, Block 1, C-D Addition. The property is currently a vacant
lot and is located on the east side of Colleyville Boulevard at its intersection with Ross
Downs. The one acre lot is zoned ML - Light Manufacturing and the Land Development
Code requires approval of a Special Use Permit in this zoning district for a dry cleaning
facility that performs on-site cleaning services.
(continued)
~<m~~
CI Y MANAGER
D~D
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Ordinance 0-01-1276
Page 2
The following is an analysis of the major issues associated with this zoning request.
IMPACTS
1. Master Plan. The proposed use of the property is consistent with the Colleyville
Master Plan, adopted in 1998, which shows this area as a future retail! commercial
area.
2. Driveway Location. State Highway 26 is designated as a Major Arterial on the
Master Thoroughfare Plan, which requires a minimum of 250' spacing between
driveways and a minimum of 180' distance to any street intersection. Staff has
recommended a shared driveway with the adjacent lot to the south of the applicant's
lot.
3. Surrounding Properties. The lot immediately adjacent to the south is vacant and
zoned ML - Light Manufacturing. The property to the north is also vacant, but zoned
AG - Agricultural. The properties to the west are located across State Highway 26
and are developed with commercial uses.
4. Infrastructure. The utilities in the area will accommodate the proposed
development. The developer will install all water, sewer and drainage improvements
to the property as part of the development.
5. Sidewalks / Trail System Plan. A sidewalk is required where this lot abuts
Colleyville Boulevard. The Land Development Code requires a five foot sidewalk
adjacent to a collector street. The Colle wille Pathways Plan does not require any
hike and bike trails at this location. The developer is required to construct the
sidewalk at the time the building is constructed.
6. Economic Development. The area surrounding the proposed project has been
developed with buildings that were constructed from an older architectural period.
The proposed building will have to comply with the Colleyville Building Design
Guidelines and produce a minimum design score of 30 points. It is anticipated that
upon construction of the proposed new building, it will have a positive influence on
adjacent properties and spur additional new construction along this segment of State
Highway 26. Additionally, the proposed project is located within the Colleyville Tax
Increment Financing (TIF) District and by virtue of its added construction value will
have a positive impact on future TIF revenues. For information purposes, however,
staff recently completed a "site plan review" for another dry cleaning facility that will
be proposed on the west side of Colleyville Boulevard approximately 900 feet to the
south of the applicant's proposed project.
Agenda Briefing
Ordinance 0-01-1276
Page 3
Staff sent notices of the zoning change to all property owners within 200 feet of the
property under consideration. Staff has received one telephone call from the competing
dry cleaners proposed to the south of the applicant's requested facility, but no written
correspondence regarding this request has been received.
The Planning and Zoning Commission considered this Special Use Permit request at
the March 26, 2001, meeting and recommended approval by a vote of 6-1 (Hocutt
opposed).
Recommendation
Approval of the Special Use Permit as submitted
Attachments
· Location Map - Attachment 1
· List of Prope.rty Owners Notified - Attachment 2
· Statement of Planning Objectives Provided by Applicant - Attachment 3
· Planning and Zoning Commission Minutes - March 26, 2001 - Attachment 4
· Ordinance 0-01-1276
Location Map - Attachment #1
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C. W. Davidson
P.O. Box 356
Buneson, TX 76097
Kenneth H. Green
6620 Colleyville Blvd., #A
Colleyvlfle, TX 76034
Lee Roy Hess & Chris Ca,
671 E. Dove Road
South lake, TX 76092
Raymond D. Hatfield
6600 Col/eyvllle Blvd.
Co/Jeyvlll~, TX 76034
America's Storage
2911 Turtle Creek Blvd.
ste 700
Dallas, TX 75219
Schwob & Sage Bldg Corp
2349 Glenda Lane
Dallas, TX 75229-3318
Donald E Oars & RG T eata Ltd.
clo Allen E Shoenberger
1 E. Pearson' Street
Chicago, IL 606-2055
James David Bowden
6516 Cofleyvllle Blvd.
Colleyville, TX 76034
Combined Enterprises Inc.
6607 Colleyville Blvd.
COlleyville, TX 76034
Antionetta Mooney
404 Oak Valley Drive
Colleyvllle, TX 76034
Case Z-01..Q07
According to the last published Tax Records dated 09-01-00, individuals who own property that
is within the 200' of the proposed special use pennitland-orlzoning change request are listed
above. I certffy that the partl.. Ilat8d above have been notified of the proposed special
u.. pennltland-orlzonlng change request a. required by Section 211 the Local
Government Code. (Notices dated: March 16, 2001)
Jan lO\"/ ~
Planning & Zoning Assistant
Statement of Planning Objectives - Attachment #3
.~. '
Hangers on the Boulevard@
In Colleyvllle
Statement of Planning Objectives:
As owners of a Hangers Dry Cleaning franchise, my wife Viola and I
have a mission to build a professionally managed, nationally branded
dry cleaning business that will offer our customers an environmentally
friendly solution to their dry cleaning needs. After considering a
number of sites we have concluded that the vacant lot at 6515
Colleyville Boulevard is the most suitable location for our business.
We 'reached this conclusion based on the following reasons:
1. Reasonable proximity to densely populated, upscale, high
household income neighborhoods.
2. Appeal of our environmentally friendly process to educated,
environmentally aware citizens of Colleyville.
3. Site is on AM commute side of highway.
4. High traffic count on Colleyville Boulevard
5. Convenient ingress and egress offered by this location.
We will build a structure that will appeal to and find favor with the
upscale nature of the surrounding community. It will comply with
Colleyville building codes. Our building will be state of the art offering
all the amenities expected by today's demanding consumer including
double drive-thru service, after-hours drop chute, inside lobby
service, express drop off and home delivery service. Attached is a
picture of a similar site now open in Morrisville, NC. Our site will be
similar with a minimal number of modifications.
The one-acre lot will allow us to offer more than adequate parking for
both our customers and our employees. The convenience of drive-
thru will allow customers in a hurry ( or with small children in their
vehicle) to enjoy not having to get out of their vehicle for service.
The lot has one large 100+ year old Pecan tree, which we will
preserve and prune for it to survive another 100 years. There are
other smaller trees and we wish to save as many of these as
possible. In walking around the site, my wife found some wild
daffodils. Her plans are to dig these up prior to excavation work and
then to replant them once the site is finished. We are an
environmentally friendly business and intend to reflect that in our
landscaping and open areas. The landscaping will be professionally
planned and maintained by a professional landscaping service. Open
areas surrounding the building not used for parking or driveway will
be well-manicured lawn.
Statement.ofPlanning ObJectivu:
see attachment '
Planning Objectives: .'
To construct a new free standing Hangers Dry Cleaners
Development Schedule:
S.U.P. approval, Construction Document Development, Permitting and 120 day
Construction.
Proposed Ownership:
Howard & Viola LaFevers, 1000 Sbadywood Court, Southlake, TX 76092
Economic Development Information:
- total square feet of building area: 4,SOOsf
- estimated sales per square foot: $120
- estimated sales per year: $S45,ooo
- estimated ad valorum taxes per year: $1,893
Traffic Impact Analysis:
This proposed development is not projected to generate more ,than 1 000 vehicle trips per
d~ .
Planning & Zoning Commission Minutes - Attachment #4
(Mar. 26, 2001)
1. PUBLIC HEARING - Special Use Permit for a Laundry I Dry Cleaning Plant
, requested by Howard & Viola LaFevers, on Lot 2, Block 1, C-D Subdivision, located
at 6515 Colleyville Blvd. Z-01-007
Barry LeBaron presented the case to the Commission and reviewed the staff briefing.
Commissioner Edwards asked if the applicant was aware of all the dry cleaners in the
area and asked if he was required to build sidewalks. Mr. LeBaron said that money
would be placed in escrow for sidewalks due to the future expansion of Highway 26.
Brian Hill raised questions about the site plan. Chairman Hart opened the public
hearing. Those present wishing to speak were:
Howard LaFevers, applicant, introduced his technical support team. He said that his
business is different from other typical cleaners in three ways. They are: 1) It will use
CO-2 rather than toxic chemicals and be environmentally friendly; 2) It will be at the
premium end of the spectrum; and 3) He is enthusiastic about business and will be
involved in the business community.
Danny Smith, from Howard LaFevers technical support team, addressed the questions
about building design and said that it would blend with the neighboring residential
designs. Mr. Smith said that the commercial point score would exceed 30 points
There being no one else present wishing to speak, Chairman Hart closed the public
hearing.
Commissioner Hocutt asked questions about other locations that would send trucks to
this location. Mr. LaFevers said that he will build three additional locations and two
trucks will service the home delivery portion of the business. He said that there will be
tax revenues paid to the City of Colleyville.
Commissioner Gasper asked Mr. LaFevers if he was aware of the number of cleaners in
the area. He said that he is not concerned because there is not another cleaner using
the process his will.
Commissioner Hill spoke about an easement that will provide joint access for the future
business on Lot 1.
Mr. LaFevers said that his business will only use two times as much C02 as an average
fast food restaurant does. He said that 98% is recaptured and reused. Mr. LaFevers
said that a truck will deliver the product in 26" x 4" cylinders and it takes three tanks to
operate the business and they will be secured to the inside wall of the building.
Clyde Greenert, Raleigh, N.C., another technical support member, spoke about the
cleaning process and the company expansion plan and history.
Commissioner Gasper moved to recommend approval of the Special Use Permit.
Commissioner Wall seconded the motion. The vote being: '
Ayes: Gasper, Edwards, Hollis, Wall, Hill, Hart
Noes: Hocutt
ORDINANCE 0-01-1276
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR A
LAUNDRY / DRY CLEANING PLANT ON LOT 2, BLOCK 1, C-D SUBDIVISION;
PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING
PUBLICATION
WHEREAS, an application for a zoning amendment was filed by Howard and Viola
LaFevers on March 2, 2001, requesting a Special Use Permit for a
Laundry I Dry Cleaning Plant under Case No. Z-01-007; 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 accompanying Zoning Map (Exhibit A) are
hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described as Lot 2, Block 1, C-D Subdivision
(6515 Colleyville Blvd.), to authorize a Special Use Permit for a
Laundry I Dry Cleaning Plant, together with the conceptual site plan
(Exhibit B) and subject to the following conditions:
a. Permitted Uses - Laundry I Dry Cleaning Plant
b. Site Plan - The location of the building and other site
improvements shall be generally consistent with the conceptual
site plan attached as Exhibit B.
c. Building Elevations - The exterior construction of the building
shall be generally consistent with the building elevation drawings
shown on the attached Exhibit C.
Sec. 2.
THAT this property shall be subject to all the regulations contained in
the Colleyville Land Development Code, including the regulations of
the ML - Light Industrial District, except where amended by this
ordinance.
Ordinance 0-01-1276
Page 2 of2
Sec. 3.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Land Development Code
of the City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues-
shall constitute a separate offense and shall be punishable as such.
Sec. 4
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2001.
day of
The second reading and public hearing being conducted on the
,2001.
day of
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton
City Secretary
Donna Arp
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney
Exhibit A
Zoning Exhibit
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CITY COUNCIL \ k / AGENDA BRIEFING
For mtg. : 05/01/01 CMO Approval:
Item # :
5
Ordinance # :
0-01-1277
Previous Action: None
DEPT. :
COMMUNITY DEVELOPMENT
SUBJECT:
A Zoning Change requested by Matt Torbit, Mady
Development L.P., from AG to PUD-R on 8.44
acres located at 3308 - 3316 Glade Road,
Strathmore Addition, Case Z-01-008
First Reading and Public Hearing
BackQround
Matt Torbit, Mady Development L.P., has applied for a zoning district change on an
8.44-acre parcel of land located on the north side of Glade Road, between Melrose Park
Drive and Martin Parkway. The property is presently owned by Marie Powell. The
applicant proposes a zoning change from AG Agricultural to PUD-R Planned Unit
Development Residential to allow for the development of 14 single-family residential lots
and 3 open space lots.
The proposed lots exceed the requirements of the PUD-R zoning district. The smallest
residential lot is 15,603 square feet in area, and the largest residential lot is 18,303
square feet in area. The average size of the residential lots is 16,758 square feet. The
density of the development is 1.66 dwelling units per acre.
(continued)
:&~~
CITY MANAGER
(~Jl.
DE RT ENT HEAD
FINANCIAL REVIEW (IF NEC~SSARY)
'-....
Agenda Briefing
Ordinance 0-01-1277
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 e~try
subdivision with more than 12 lots provide an emergency entrance or an alternative
entrance as detailed in the Code. Even though there are 14 lots in the development,
the two lots at the corner on Glade Road do not count towards the 12-lot maximum.
The proposed development meets the requirements of the 12-lot limitation, and an
emergency access is not required.
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 provides 23% open space. There are three open space lots provided:
two small lots at the entrance to the development, and a 1.88-acre lot at the end of the
cul-de-sac. There is an existing pond on the large lot, and the pond serves as a
drainage area for properties to the east.
Staff sent notices of the zoning change to the 28 property owners within 200 feet of the
property under consideration. Staff has not received any correspondence regarding this
request.
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
PUD-R, and are developed with single-family residences. The property to the north
is zoned RD and used as single-family residences. Property to the west is zoned
PUD-R and is platted for single-family residences; however, the property is not
presently developed. Property to the east is zoned AG and consists of homes on
large acreage tracts.
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. The City Council
recently approved a zoning change from AG to PUD-R on 10 acres of property just
east of this site.
Agenda Briefing
Ordinance 0-01-1277
Page 3
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.
The zoning exhibit has been reviewed by the Development Review Committee and
meets all of the requirements for a zoning exhibit and preliminary plat. 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. '
The Planning and Zoning Commission considered this rezoning request at its April 9,
2001, meeting and recommended approval by a 5-1 vote (Wall opposed), subject to the
following: 1) if there is ornamental fencing along the eastern, northern, and western
border of Lot 9, it shall be an ornamental metal fence; 2) the design standards or deed
restrictions shall have a consistent standard for fencing along the eastern and western
boundary running north and south beginning at the southern side of Lot 9, and shall be
based upon the developer's design standards; and 3) the fencing along the east side of
the property, beginning at Lot 9 to Glade Road, shall be constructed at the time that
there is building on the lot.
One of the issues discussed by the Planning and Zoning Commission was the timing of
construction of the ornamental fence. As recommended by the Commission, each
individual builder would construct the fence along the east side as houses are built on
the lots. Since each section of fence would be built separately, fence sections
constructed earlier could look different from those constructed later due to age and
weathering. The Commission's recommendation recognized that the eastern boundary
would not be very visible from Glade Road, and that the piecemeal construction of the
fence would not pose an appearance problem.
Recommendation
Approval
Attachments
· Location Map
· List of Property Owners Notified
· Development Review Committee Memorandum
· Development Review Committee Response Letter
· I nformation Provided by Applicant
· Planning and Zoning Commission Minutes
· Proposed Ordinance 0-01-1277
Location Map
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List of Property Owners Notified
Van Hubbard
6221 Colleyville Blvd., Ste 150
colleyville, TX 76034Joseph &
Macklin & Hildegard Bishop
3302 Huntington Drive
colleyville. TX 76034
David Kilp
3308 Huntington Drive
Colleyville, TX 76034
Larry Ropp
3314 Huntington Drive
colleyville, TX 76034
Ellis & Sherry Merschoff
3307 Huntington Drive
Colleyville, TX 76034
Ricky & Virginia Martin
3303 Huntington Drive
Colleyville, TX 76034
David Bailiff TR
6421 Camp Bowie Blvd., Ste
303
Fort Worth, TX 76116
Johnny E. Smith
3206 Saint Albans Circle
Colleyville, TX 76034
James & Trudy Bruchas
3200 Saint Albans Circle
Colleyville. TX 76034
Gail & T. L. Madden
3308 Glade Road
Colleyville, TX 76034
Carolyn Abs
5200 Fox Trail Lane
Colleyville, TX 76034
Charles & Candace Cawley
3300 Huntington Drive
colleyville, TX 76034
Jerry & Roberta Mason
3304 Huntington Drive
colleyville, TX 76034
Austin & Carolyn Ray
3306 Huntington Drive
colleyville. TX 76034
Steven & Carolyn Nye
3310 Huntington Drive
colleyville, TX 76034
Michael & Christine Bullard
3312 Huntington Drive
colleyville, TX 76034
Caroline Yoor
3400 Huntington Drive
Colleyville. TX 76034
Mark & jennifer Gaffney
3402 Huntington Drive
Colleyville, TX 76034
Seiji & Maria Harada
3309 Huntington Drive
Colleyville, TX 76034
Roger & Virginia Bostrom
3301 Huntington Drive
colleyville, TX 76034
William & Shirley Sullivan
3305 Huntington Drive
colleyville, TX 76034
Karen Cantrell
3400 Glade Road
colleyville, TX 76034
Zack & Lynn Bryant
3302 Sain Albans Circle
colleyville, TX 76034
Tommy & Carole Phillips
3300 Saint Albans Circle
colleyville, TX 76034
Jeffrey & chrisri Sheppard
3204 Saint Albans Circle
colleyville, TX 76034
Craig & Rahni Hansen
3202 Saint Albans Circle
colleyville, TX 76034
Bradley & Sharon Gale
3106 Saint A1bans Circle
colleyville, TX 76034
Marie Powell
16 Olive Court
Flemington, NJ 08822
Case Z-D1..ooS According to the last published Tax Records dated 09-01-00
individuals who own property that is within the 200' of the proposed special us~
permitJand-or/zoning change request are listed above. I certify that the parties
listed above have been notified of the proposed special use pennltland-
orlzoning ch~nge request .s required by Section 211 the Local Govemmen~J
Code. (Notices dated: 3/30101) Jan Levy Planning & Zoning Assistant /f
Development Review Com~ittee Memorandum
CFlY OF CoLLEYVlUJ::
CoMMUNrTY DEvEl.oPMENT DEPAFmotENT
DEVELOPMENT REVIEW-COMMITTEE
DATE
FAX TO
FAX NO
FROM
March 30, 200 1
Matt Torbit (. OttisLee
~ 5(, 0
214-63O-84&t- + 817-448-6390
Clayton Husband, AICP, Development Coordinator
SUBJECT
z-o 1-008 AG to PUD-R - Strathmore (Glade Road)
The ColleyviJIe Development Review Committee (ORC) has reviewed your zoning exhibit and
zoning change request submitted to this office on January 29, 2001. The following comments are
for your considerati,on.
GENERAL INFORMATION
1. If the zoning request were approved, the property would be subject to the general provisions
of the PUD-R zoning district and any conditions imposed by the Planning & Zoning
Commission and City Council.
ZONING EXHIBIT DRAWING
The PUD-R zoning regulations require that the zoning exhibit comply with the requirements of a
preliminary plan. Several of the comments may relate to preliminary plat and engineering
requirements.
I. The Land Development Code limits the number of residential lots allowed on a cui de sac to
12 lots in the PUD-R district The plan, as proposed, meets this requirement The two lots
adjacent to Glade Road do not count against the 12-10t requirement
2. There is an existing drainage and utility easement nmning between Lots 10 and II and south
in the right-of-way of Strathmore Terrace. Before this easement can be abandoned on the
final plat, the owner must provide sufficient information from all utility companies that there
are no facilities in this easement or that the facilities will be relocated at the time of
construction.
3. What amenities, other than landscaping, will be provided on Lot 9?
4. Add a note to the drawing stating that the homeowners association will own and maintain the
open space lots.
5. Add the Colleyville Case Number to the drawing: Z-01-008.
P.O. Box 185 - COLLEYVIu..E. TEXAS 76034 - 817.577.7587
Development Review Committee Memorandum
DEVELOPMENT REVIEW COMMrTTEE
Z-01-008 STRATHMORE PUD-R
UTILITY PLANS
1. Preliminary water, sewer and drainage plans must be submitted for review by the Engineering
Department The plans will be reviewed by the Engineering Department and Public Works
Department Comments will be returned to the applicant when the review is completed.
Questions concerning these plans should be directed to Choyce Morrow, P.E., at 817-577-
7587.
OTHER INFORMATION
I. The Subdivision Regulations require sidewalks along all interior streets. Sidewalks along
Glade Road must conform to the provisions of the Colleyville 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.
2. Perimeter street improvements are required for this property since Glade Road is an
unimproved street. The developer is required to construct one-half of Glade Road or provide
an equivalent amount of escrow for future improvement by the City.
3. Water, sewer and roadway impact fees are due at the time a building permit is issued faT a new
structure on the lots. The Engineering Department will provide a fonnal assessment of impact
fees to the Building Inspection Department upon approval of a final plat. The fees listed
below are intended to provide general infonnation on the fees that could be assessed.
· ROADWAY
· WATER
· SEWER
$1,962 per lot for single family us~
$2,936 for a I-inch meter (fee dependent on water meter size)
$256 for a I-inch meter (fee dependent on water meter size)
3. Parkland dedication fees are due at the time of approval of the final plat. The fee for
residential uses is $1,802 per dwelling unit. An assessment of parkland dedication fees will be
provided upon the review of the final plat
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, April 9, 2001, 7:00 p.m.
Tuesday, May I and May 15,2001, 7:30 p.m.
RESUBMITT AL REQUIREMENTS
Once you have completed the changes to the exhibit, please submit the following to our
offices: -
· 22 folded copies of the revised Preliminary PlanIZoning Exhibit drawing
PAGE20F3
Development Review Committee Memorandum
DEVELOPMENT REVIEW COMMITTEE
Z-01~ STRATHMORE PUD-R
· one 8-1/2" X 11 n reduced copy of the exhibit
· a written letter addressing each comment stating the comment has been addressed or offering
reasons why the requirement should be modified or waived
· 3 sets of preliminary engineering plans and drainage analysis
The revised exhibit and letter must be submitted by Wednesday, April 4, 2001 in order to
make the scheduled hearings. Please call me if you have any questions.
c: CHOYCE MORROW, PE, ENGINEERING
CHRIS STEUD<<a, !HGINEERJNG
KEITH F5ER, ENlJINEERINQ
REO BAILEY, FIRE DEPARlIIENT
BOB YOUNCJER, IUILDING JNSPECT10N
KBJ. y HOWELL, PlIIUCWORKI
MIKE $OM, ECONOMIC DEV!L.OPIIEHT
DIANNE MCWETHY, CITY MANAGER's 0I'f'lCE
Development Review Committee Response Letter
CIVIL works EngIneering
^pril .4. 2001
City of Colleyville
Mln: Mr. Clayton Husband. AICP
Development Coordinator
5.400 Bransford Rood
Colleyvine. Texas 76Q3.4
Rf: STRATHMOR! .. COWYVILLl TfXA5
ZONING CAS! Z-en-008
REVISED ZONING AND PRELIMINARY PLAT fXHJIJT
Mr. Husband:
Included with this letter are 22 folded copies and 1-8.5xll copy of the revised zoning and
preliminary plot exhibit for Strathmore Case Z-Ol-ooB. We hove received the ORe comments
and have modified the exhibit to comply with all of them. Lot 9 wII be landscaped and
irrigated. in addition the existing pond will be cleaned and reShaped and a water feature will be
constructed. If you hove any additional Questions. please feel free to coIl.
Sincerely.
CtV,Lworla Engineering
0:t:11A r.J.u., ~ -(JL^.1.JLL
Ottis Lee. III. P .E.
Owner
'192 toling Ranch ~oad + ~zl.. TellO. 76020 + Phone (817)448.9595 . Fox (817)448-6390
Information Provided by Applicant
STATEMENT OF PLANNING OBJECTIVES
The applicant is proposing a PUD-R residential development with a request for 14
lots on a cul-de-sac. In return, this PUD-R would require larger lots: 15,500 square
foot minimum and a 16,500 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 which would allow lots as
small as 13,000 square feet. All open space would be owned and maintained by a
HOA formed by the applicant for this 14 lot subdivision.
This proposed subdivision is surrounded by PUD-R zoning on its west and south
boundaries. The west side is platted but not developed with 11 of the 19 platted
residential lots smaller than 16,000 square feet. The south side is used for single
family residential with wide variety of lots sizes, some as small as 14,950 square
feet. To the north is RD zoning, however, this tract has been developed as single
family detached homes with a lot size that would conform to the R10 zoning district.
The east side is zoned AG, but used as one single family residential lot.
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 14 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 onlv requesting a variance from the portion of the
ordinance governing number of lots on a cul-de-sac as set forth in the Colleyville
Land Development Code.
Finally, the applicant is requesting that the general location of any entry features and
associated masonry walls to be constructed on the two open space lots along Glade
Road be excluded from standard building set backs in order to avoid a future request
to the zoning board of adjustments.
DEVELOPMENT SCHEDULE
With the submittal of this zoning application to the City of Colleyville on March 16th,
2001 below is the anticipated schedule for approvals and development.
16 March Submittal of Zoning Application and Preliminary Plat
9 April Presentation of zoning case at Planning and Zoning Commission
1 May Presentation of zoning case at Council Meeting - First Reading
15 May Presentation of zoning case at Council Meeting - Second Reading
8 June Submittal of Construction Drawings
9 July Release for Start of Construction
14 September Completion of Utilities
22 October Completion of Paving
19 November Final Inspection Approval
kLu 11-
Matt Torbit. Mady Development. L.P.
Information Provided by Applicant
STATEMENT OF PROPOSED OWNERSHIP
The applicant will form an entity for the purchase and development of this property.
That entity will sell the lots to high-end custom build~rs 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 valuation. Below is a
table showing tax revenues based on 14 homes with an average valuation of
$600,000 assuming each home is owner occupied and takes the standard
homestead exemption.
Rates per $100 Assed
Value
Tax Revenue from 18
homes
City of Colleyville
Grapevine-Colleyville ISD
Tarrant County
Hospital District
County College
0.347400
1.582290
0.274785
0.234070
0.106410
$29,181.60
$129,589.80
$23,081.94
$19,661.88
$8,938.44
Total $210,453.60
ENTRY FEATURE AND REAR OPEN SPACE
Strathmore will have a heavily landscaped entry which will build upon the aesthetics
of the Glade Road corridor and create a sense of place and arrival for the
subdivision. Along the Glade Road ROW, on both sides of the proposed cul-de-sac,
there will be platted lots dedicated to the HOA for the purpose of the landscaped
open area. A masonry wall will screen the residential lots from Glade Road and
serve as a backdrop to the open space along Glade Road. In the rear of the
subdivision, the larger open space will incorporate water features and landscaping
on a grand scale.
~~
Matt Torbit, Mady Development, L.P.
Information Provided by Applicant
LETTER OF EXPLANATION FOR ITEMS MARKED NA ON THE ZONING
CHANGE ApPLICATION - ZONING EXHIBIT CHECKLIST
Section A
5. The existing structures (a residence and kennels) will be razed, the only
significant physical feature is the Glade Road ROW which is shown on our zoning
exhibit.
6. There is no flood plain on any portion of this site.
Section B
2. As this proposed use is single family residential, it is anticipated that each
individual homeowner will fence their side and rear yards along the property lines.
3. Since every home will be custom designed, building layout and parking areas are
not known at this time.
4. The sidewalks will parallel the proposed cul-de-sac and Glade Road per city
ordinances for sidewalks in single family districts.
~~---
Matt Torbit, Mady Development, L.P.
Information Provided by Applicant
STRATHMORE
SCHEDULE OF GROSS AREAS AND DENSITIES
Area in Percent of
Square Feet Acreage Total Tract
Total Tract 367,835.00 8.44
Open Space 1 1,435.00 0.03
Lot 2 17,873.00 0.41
Lot 3 17,376.00 0.40
Lot 4 15,613.00 0.36
LotS 15,603.00 0.36
Lot 6 16,806.00 0.39
Lot 7 16,968.00 0.39
LotS 15,714.00 0.36
Open Space 9 81,927.00 1.88
Lot 10 15,704.00 0.36
Lot 11 16,968.00 0.39
Lot 12 17,102.00 0.39
Lot 13 18,303.00 0.42
Lot 14 18,290.00 0.42
Lot 15 16,512.00 0.38
Lot 16 15,776.00 0.36
Open Space 17 1,250.00 0.03
Residential Use 234608 5.39 63.8%
Area of Public ROW 0.00 0.0%
Open Space 84612 1.94 23.0%
Paved Area of Public Street 0.00 0.0%
Dwelling Density Per Acre* 1.66
-All Dwelling Units will be Single Family Detached
Planning & Zoning Commission Minutes
PUBLIC HEARING - A Zoning Change requested by Matt Torbit, Mady Development,
L.P. from AG (agricultural) to PUD-R (planned unit development-residential) on 8.44
acres located at 3308 - 3316 Glade Road. Z-01-008 - Strathmore Add'n
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Commissioner Hollis opened discussion on the open space design, the single entry and the means of
calculating the number of lots on a cul-de-sac.
Matt Torbit, applicant, was present to address the Commission. He spoke about landscaping designs on
Glade Road and for the open space. He said that there will be brick walls on Glade Road.
Commissioner Gasper pointed out that the applicant's tax revenue information incorrectly states 18
homes rather than 14 homes.
Chairman Hart opened the public hearing. Those present wishing to speak:
Trudy Brukes, 3200 St. Albans Circle, stated that she and her husband are opposed to the request.
Roberta Mason, 3304 Huntington Drive, said that the City has put in swales on both sides of her lot. She
said that the north side of the property needs to be open for drainage purposes.
Gary Cantrell, 3400 Glade Road, asked questions about the fencing requirements for each rear lot. He
said that he wants uniform fencing along the east side of the subdivision.
Matt Torbit, applicant, said that he is still working with a landscape architect to design perimeter fence
standards. He said that Mr. Cantrell currently has a tin panel fence along a section of the eastern
property line and he would want that removed. He said that he is not planning to put a wall along the
northern side, but will do plantings.
Discussion by the Commission ensued about fencing.
Matt Torbit said that some of the requirements for the property he is developing to the east came from
people being able to see the sides of the property from Glade Road. He said that this is not the case with
this property and he will meet with Mr. Cantrell to come to an agreement about fencing.
Commissioner Gasper asked questions about green space between the street and sidewalk. Staff
advised her that there will be 20' of green space and then a portion of that 20' will be taken up by the
sidewalk and trail.
Commissioner Gasper moved to suspend the rules to allow a previous speaker to speak again.
Commissioner Hollis seconded the motion. The vote being:
Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hart
Noes: None
Ga~ Cantrell approached the Commission and asked them to state in their motion to approve the fencing
requirement that the fence is consistent fencing and the developer needs to include the requirements in
the deed restrictions.
Commissioner Hollis asked Mr. Cantrell if the fence could be built one Jot at a time as the lots sell and
homes are constructed. Mr. Cantrell responded that would be all right as long as the fence construction
was consistent.
Commissioner Gasper asked Mr. Torbit if there will be a homeowners' association. He responded that
there will be and they will maintain the open space. He said that he will require the fencing guidelines
within the design standards. He said that there is currently a black chain link fence along the western
boundary and it was built by the property owner to the west. He said if the ~otential o~ners of lots .along
the western boundary are happy with that fence, they should not be requIred to b~lld another kind ~f
fence. He said that if a potential homeowner along the western boundary wants to bUild another fence, It
would have to be consistent with the subdivision guidelines.
Commissioner Edwards said that an exhibit could be included in the zoning change ordinance that
specifies those guidelines.
Chairman Hart asked Mrs. Mason if she was satisfied with having no fence, only plantings, on the
northern boundary. She responded that she was satisfied.
Discussion ensued by the Commission regarding the legalities of not fencing an open water area within a
subdivision. Matt Torbit said that the Commission could possibly state in their motion that he may have
the right but not the requirement to put ornamental fencing around Lot 9. He said that he has assured the
homeowners in Fox Meadows that he would not fence the northern boundary so that their views weren't
blocked, but if he is legally required to due to liability issues, he will. He also said that he was not
opposed to the Commission requiring consistent fencing for the subdivision.
Clayton Husband said that staff could write a clause in the ordinance that gives the developer the right to
build a fence subject to certain conditions, but not compel them to build a fence. He said that if they
wanted to build a fence it would have to meet certain criteria.
Commissioner Edwards asked if staff could also write a clause in the ordinance regarding consistent
fencing on the western side only if there is a problem with the existing fencing and it is not required up
front for the builder to place a fence along the western side. Clayton Husband said that generally fences
are not required and homeowners fence because of their desire to have a fence. He said that staff could
write a clause that says in the event the homeowner along the western boundary of the subdivision wants
to put up a fence, it has to be of a certain criteria. He said that these regulations would not prohibit
someone on the adjacent property to the west from putting up a wood fence. He said that even if the
homeowner in Strathmore constructs an ornamental fence, it cannot control the property next door.
There being no one else present wishing to speak, the public hearing was closed.
Commissioner Gasper moved to recommend approval with the following additions:
1) if there is fencing along the eastern, northern, and western border of Lot 9, it shall be an
ornamental metal fence; and
2) the design standards or deed restrictions have a consistent standard for fencing along the
eastern and western boundary running north and south beginning at the southern side of Lot 9
based upon the developer's design standards.
Commissioner Edwards seconded the motion.
Commissioner Hocutt said that he wanted it to be clear that the Commission wants the eastern side to be
built immediately once the lot has been sold and the builder starts to build. He said that on the western
side a fence will only need to be built once there is a need for a fence. Commissioner Gasper said that
she does not think that they need to put that specification into the ordinance because if the design
standards In the homeowners' architectural corf,rol rules specify the standard for the fencing, it will be up
to the homeowner or the developer to put in the fencing. Commissioner Hocutt said that he was looking
out for Mr, Cantrell, because it would be odd to have fencing on three lots than two lots have no fencing
at all. He said that as someone travels down Glade Road it would be odd to have sporadic fencing. He
said that the east side needs fencing all the way down the property because it is such an open area.
Commissioner Hollis said that perhaps a friendly amendment was in order to require the east side of the
property to be built out.
Commissioner Gasper amended the motion to include another addition:
3) the fencing along the east side of the property beginning at Lot 9 to Glade Road shall be
constructed at the time that there is building on the lot.
Commissioner Edwards seconded the amendment to the original motion.
Commissioner Gasper asked staff if the ordinance that will go before City Council will be revised to reflect
their recommendation. Clayton Husband said that the ordinance in the Commission's packet is a draft to
indicate what the minimum standards for the development are at the time of the developer's application.
The standards are always subject to amendment until a final vote by the Council is taken.
Commissioner Hollis asked if the fencing around Lot 9 is at the discretion of the builder or is it required.
Clayton Husband responded that a fence will be constructed along the eastern boundary of Lot 9 and
they have the ability to construct the fence along the other boundaries of Lot 9. He said that it needs to
meet the minimum design standards, doesn't block water, and is consistent with the fencing along the
eastern boundary. He said that the western side is contingent upon the other fence being removed or if a
homeowner decides to build another fence, it needs to meet the same established standard.
Commissioner Gasper stated that the design standard except for Lot 9, will be left open so that the
developer can determine what it will be as long as it consistent. Lot 9 exclusively will be ornamental iron.
Commissioner Hocutt asked if the architectural standards for the fencing will be approved at the same
time that platting is approved in order for the developer to work out with his contractors what that will be.
Clayton Husband said that the standard will be written up prior to going before City Council.
Chairman Hart called for the vote. The vote being:
Ayes: Gasper, Edwards, Hocutt, Hollis, Hart
Noes: Wall
- ._ -_~_._~_~ _____.__ "-'__'-~,r'~. ..or..,#:" '
. ...........~...- - ,-~-.-.~-
ORDINANCE 0-01-1277
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE
CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING
MAP AND CHANGING THE ZONING OF LOTS 1 AND 2, BLOCK 1,
PLEASANT ACRES ADDITION, IN THE CITY OF COLLEYVILLE, FROM THE
AG-AGRICUL TURAL 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.P., on March 16,2001, under Case Number Z-01-
008; 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 - Location Map, and described as
Lots 1 and 2, Block 1, Pleasant Acres Addition, by changing the
zoning of said property from the AG Agricultural district to the PUD-R
Planned Unit Development 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 1.66
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.
2. CONCEPTUAL PLAN AND PLATTING
Ordinance 0-01-1277
Page 2 of 4
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 B, which shall be
considered the preliminary plat. The actual street and lot
arrangement may differ from that shown on Exhibit B 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 B, 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. Front Building Line cul-de-sac
g. Side Building Line
h. Rear Building Line
5. OPEN SPACE
15,500 square feet
16,500 square feet
1 00 feet
120 feet
40 feet
30 feet
1 0 feet
25 feet
a. This development shall provide a minimum of 20% common
open space, as shown on Exhibit B, 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 La~~ Development Code. All open space areas shall be
landscaped.
Sec. 2.
Ordinance 0-01-1277
Page 3 of 4
b. Open space may be utilized for storm water detention.
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 may be located within the
open space lots. The entry features and screening walls shall be
exempt from the building line and height 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. Metal ornamental fencing shall be the only fencing material
allowed on the rear property line of each residential lot. The
metal ornamental fence shall consist of 4-inch posts, spaced no
greater than 8 feet on center, with horizontal rails a minimum of
1 % inches and vertical bars a minimum of % inches spaced every
6 inches. The fence shall be black in color and be a minimum of
6 feet in height. Said metal fence shall be similar to that shown in
Exhibit C.
c. A metal ornamental fence, built to the above stated specifications,
shall be constructed along the western, northern and eastern lot
lines of Lot 9, Block 1. Said fence shall be constructed along the
entire eastern lot line of Lot 9, Block 1, within 60 days of City
acceptance of the subdivision.
d. A metal ornamental fence, built to the above stated specifications,
shall be constructed along the rear property line of lots located on
the east side of the development. Said fence shall be
constructed at the time a new residence is built upon the lot, and
shall be completed prior to the issuance of a certificate of
occupancy for the residence.
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.
Ordinance 0-01-1277
Page 4 of 4
Sec. 3.
THAT, the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
t 2001.
day of
The second reading and public hearing being conducted on the
t 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
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CITY COUNCIL 7m. AGENDA BRIEFING
For mtg. : 05/01/01 CMO Approval:
Item # :
6
Resolution # :
R-01-1792
Previous Action: None
DEPT. :
CITY MANAGER'S OFFICE
SUBJECT: Approval of a Resolution to accept membership in
the Cities Aggregation Power Project, Inc., and
approve the Articles of Incorporation and Bylaws
of said corporation.
Reading and Public Hearing
Effective January 1, 2002, the Texas retail power market will open and electricity
will be deregulated. Cities can take advantage of this opportunity and join with
other cities and political subdivisions to create a political subdivision corporation
to seek the best service and price available for electricity. A political subdivision
corporation aggregates two or more electricity customers as a single purchasing
unit to negotiate the purchase of electricity on behalf of its members. The City of
Colleyville is seeking to aggregate its own electricity accounts in one of these
corporations.
The Cities Aggregation Power Project, Inc., (CAPP) is a non-profit political
subdivision corporation created to aggregate the electricity purchased by
participating governmental entities in Texas. Colleyville has already sent
preliminary electric load data to CAPP as interest in joining.
(continued)
'tfJ~ mu/~
CITY MANAGER
J/fI-:-ff'~
DEPARTMENT HEAD
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
ResolutionR-O 1-1792
Page 2
On April 5, 2001, CAPP sent a notice to cities interested in joining to pass a
membership resolution before May 23. The load of those cities that have joined
will be included in Requests for Proposals for electricity set to be released on
June 11,2001.
CAPP will prepare a load analysis of the City's electric accounts, and the
analysis will help determine if entering into the contract will be economical and
result in cost savings. If not, Colleyville can withdraw its membership and pursue
other options for electricity.
The attached Resolution approves the Articles of Incorporation and Bylaws of
CAPP and accepts membership in the corporation. The initial membership fee to
join will be $1,763.80, whk:h will be credited against future administrative fees
imposed after December 31, 2003.
Financial Impact
Funding is available in the legal department in Account 001-16-6216.
Recommendation
Approval of Resolution R-01-1792
Attachments
· Articles of Incorporation - Attachment 1 (Paper Copy Only)
· Bylaws - Attachment 2 (Paper Copy Only)
· Resolution R-01-1792
ARTICLES OF INCORPORATION
OF
CITIES AGGREGATION POWER PROJECT, INC.
ARTICLE ONE
The corporation will conduct business under the name Cities Aggregation Power Project, Inc.
ARTICLE TWO
The period of its duration is perpetual.
ARTICLE THREE
The corporation is a non-profit political subdivision corporation under Chapter 303, Texas Local
Government Code, entitled "Energy Aggregation Measures for Local Governments," as
amended.
ARTICLE FOUR
The corporation has been organized for any and all lawful business for which corporations may
be organized under the Texas Non Profit Corporations Act, for the purposes of purchasing
electricity, aiding or acting on behalf of its members with respect to their own electricity use for
their respective public facilities and that of their citizens, negotiating on behalf of its members
for the purchase of electricity, making contracts for the purchase of electricity, and taking any
other actions necessary to purchase electricity for use in the public facilities of the political
subdivision or subdivisions represented by the corporation, for the purposes of acting as a local
cooperative organization to purchase goods and services for its members, and for all other
purposes as may be permitted by law for political subdivision corporations.
ARTICLE FIVE
The street address for the corporation's initial registered office is Lloyd, Gosselink, Blevins,
Rochelle, Baldwin & Townsend, P.C., 111 Congress Avenue, Suite 1800, Austin, Texas 78701,
and the registered agent for the corporation at this address is Geoffrey M. Gay.
ARTICLE SIX
The corporation shall have members. Membership shall be determined under the 'terms and
conditions provided in the corporation's bylaws.
ARTICLE SEVEN
The direction and management of the affairs of the corporation and the control and disposition of
its properties and funds shall be vested in a Board of Directors composed of such number of
persons, but not less than three, as may be fixed by the bylaws. Until changed by the bylaws, the
original number of directors shall be three (3). The names and addresses of the persons who are
to serve as Directors of the corporation until their successors are duly elected and qualified are:
I. Julie Fleischer
City of Piano
P.O. Box 860358
PIano, Texas 75086-0358
2. Danny Reed
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
3. Steven L. Bacchus
City of LewisviIIe
P.O. Box 299002
LewisviIle, Texas 75029-9002
1669\02\Draft Articles
2
ARTICLE EIGHT
The bylaws of the corporation shall be adopted by the Board of Directors and shall be approved
by the governing body of each political subdivision for which the corporation is created.
ARTICLE NINE
The names and addresses of the incorporators are:
1. Julie Fleischer
City of PIano
P.O. Box 860358
PIano, Texas 75086-0358
2. Danny Reed
City of Fort Worth
1000 Throckmorton
Fort Worth, Texas 76102
3. Steven L. Bacchus
City of Lewisville
P.O. Box 299002
Lewisville, Texas 75029-9002
The undersigned incorporators, all of whom are over the age of eighteen (18) and are citizens of
the State of Texas, sign these Articles of Incorporation subject to the penalty imposed by Article
9.03A, Texas Non-Profit Corporation Act.
1669\02\Draft Articles
3
THE STATE OF TEXAS S
S
COUNTY OF S
BEFORE ME, a notary public, on this day personally appeared known to me to
be the person whose name is subscribed to the foregoing document and, being by me first duly
sworn, declared that the statements therein contained are true and correct.
Given under my hand and seal of office this _ day of
2001.
Notary Public, State of Texas
My Commission Expires:
THE STATE OF TEXAS 9
9
COUNTY OF 9
BEFORE ME, a notary public, on this day personally'appeared known to
me to be the person whose name is subscribed to the foregoing document and, being by me first
duly sworn, declared that the statements therein contained are true and correct.
Given under my hand and seal of office this _ day of
2001.
Notary Publie, State of Texas
My Commission Expires:
THE ST ATE OF TEXAS S
S
COUNTY OF S
BEFORE ME, a notary public, on this day personally appeared known to
me to be the person whose name is subscribed to the foregoing document and, being by me first duly
sworn, declared that the statements therein contained are true and correct.
Given under my hand and seal of office this _ day of
2001.
Notary Public, State of Texas
.:.1y Commission Expires:
1669\02\Draft Articles
4
BYLA WS
OF
CITIES AGGREGATION
POWER PROJECT, INC.
ARTICLE I. Name and Purpose
1.1 Name. This corporatic.n shall be known as Cities Aggregation Power Project, Inc.
1.2 Purpose. The corporation has been organized for any and all lawful business for which
corporations may be organized under the Texas Non Profit Corporations Act, for the
purposes of purchasing electricity, aiding or acting on behalf of its Members with respect
to their own electricity use for their respective public facilities and that of their citizens,
negotiating on behalf of its Members for the purchase of electricity, making contracts for
the purchase of electricity, and taking any other actions necessary to purchase electricity
for use in the public facilities of the political subdivision or subdivisions represented by
the corporation, for the purposes of acting as a local cooperative organization to purchase
goods and services for its members, and for all other purposes as may be permitted by
law for political subdivision corporations.
ARTICLE II. Board of Directors
2.1 Composition. There shall be a Chair and a Vice Chair on the board and such other
, directors as required for the performance of duties.
2.2 Powers. The affairs of the Corporation shall be managed by the Board of Directors,
which may exercise all such powers of the corporation and do all such lawful acts and
things as are not prohibited by statute, by the Articles of Incorporation of the
Corporation, or by these Bylaws. By illustration and without limitation, included among
the powers of the Board of Directors is the power to negotiate the purchase of electricity,
aid or act on behalf of the political subdivisions for which the corporation is created,
make contracts for the purchase of electricity, purchase electricity, and take any other
action necessary to purchase electricity for use in the public facilities or by the citizens of
the political subdivision or subdivisions represented by the Corporation; provided,
however, no Member shall be obligated under any such contract unless the Member
approves such contract.
2.3 Number. Tenure and Qualification. (a) Directors shall be elected to the Board at annual
meetings of the Members as hereinafter described from a slate presented by the Board
and from nominations by Members. Nominations for membership on the Board made by
Members shall not be considered at any meeting of the Members unless such nomination
has been presented in writing, signed by the Member or Members proposing the same,
I 669\02\Draft Bylaws 2
and filed with the Secretary of the Corporation at least sixty (60) days prior to the date of
the meeting at which said nominations are to be considered. From the nominations so
made and no others, and from the slate presented by the Board, Directors shall be elected,
and the person or persons receiving the highest number of votes shall be declared elected.
If the election of Directors shall not be held on the day designated herein for any annual
meeting of the Members, or at any adjournment thereof, the Board shall cause the
election to be held at a special meeting of the Members, which shall be convened as soon
thereafter as is possible.
(b) The initial Board of Directors shall consist of three directors, and will be expanded to
nine (9). At the first annual meeting of the Corporation, the Members shall elect nine (9)
Directors (Places I, 2, 3, 4, 5, 6, 7, 8, and 9) from the participating Corporation
Membership, which Directors will serve from their election until their successors are duly
elected and shall qualify. The number of Directors may be increased or decreased by
resolution of the Board, but no decrease shall have the effect of shortening the term of an
incumbent Director. The first elected directors shall be selected based on the following:
· each participating city with a population above 500,000 will be guaranteed
one seat.
· all participating cities with a population greater than 100,000 but not greater
than 500,000 will be guaranteed one seat for the group.
· all participating cities with a population greater than 50,000 but not greater
than 100,000 will be guaranteed one seat for the group.
· all participating cities with a population not greater than 50,000 will be
guaranteed one seat for the group.
I 669\02\Draft Bylaws 3
. the remaining board members necessary to bring the number of Directors to
nine (9) will be elected at large.
(c) The first elected directors shall serve until December 31, 2003. The subsequent
Board Member Selection Process will be determined by the first elected Board based
upon aggregation project load of participants and must be established before December
31, 2003. The directors elected as a result of using the subsequent Board Member
Selection Process shall serve two (2) year staggered terms with directors serving in place
numbers that are odd elected in odd numbered years and those serving in place numbers
that are even elected in even numbered years, except that the initial even place numbered
directors will staIid for re-election after one year.
(d) Except for the initial Board, each Director of the Board must be an official or full-
time salaried employee of a Member. Any Director who is an official or full-time
salaried employee of an entity that ceases to be a Member participant of the COI1'oration,
and any Director who ceases to be an official or full-time salaried employee of a
Member, shall be automatically disqualified to serve as a Director, and the position shall
become vacant, such vacancy to be filled in the manner provided in Section 2.5 of this
Article II.
2.4 Removal. Directors may be removed from office, with or without cause, by an
affirmative vote of the majority of the Members then entitled to vote at an election of the
Directors at an annual meeting of the Members or a meeting called expressly for that
pUI1'ose; provided, no action to remove any Director shall be sufficient unless written
I 669\02\Draft Bylaws
4
notice that such action is to be considered shall have been given to all Members by the
Chair or Secretary at least sixty (60) days before the meeting.
2.5 Vacancies. Any Director may resign at any time by giving written notice to the Secretary
of the Corporation. Such resignation shall take effect at the time specified therein; and,
unless otherwise specified therein, the acceptance of such resignation shall not be
necessary to make it effective. Any vacancy occurring in the Board may be filled by the
affirmative vote of a majority of the remaining Directors though less than a quorum. A
Director elected to fill a vacancy shall be elected for the unexpired term of his or her
predecessor in office. Any place on the Board to be filled by reason of an increase in the
number of Directors shall be filled by the affirmative vote of a majority of the Directors
then in office. A Director chosen to fill a position resulting from an increase in the
number of Directors shall hold office until the next annual meeting of Members, at which
time a successor shall be elected to serve until the expiration date set for his or her
designated place.
2.6 Regular Meetings. A regular meeting of the Board shall be held annually in conjunction
with the annual meeting of Members, for the purpose of organization, election of officers,
and consideration of any other business that properly may come before the Board. The
Board may provide, by resolution, the time and place for the holding of additional regular
meetings.
1669\02\Draft Bylaws
5
2.7 Soecial Meetings. Special meetings of the Board may be called by the Chair of the Board
or at the written request of any two Directors. The person or persons authorized to call
special meetings of the Board may fix the place for holding any special meeting of the
Board so called. If no place is fixed, the place of meeting shall be the principal office of
the Corporation in Texas.
2.8 Voting: Quorums. A majority of the number of Directors described in by Section 2.3
shall constitute a quorum for the transaction of business. The act of the majority of the
Directors present at a meeting at which a quorum is present shall be the act of the Board,
provided, however, the Board may, by resolution, delegate any of its powers in whole or
in part, temporarily or permanently, to any Director or committee of Directors then
acting; any such delegation shall be by written instrument filed in the records of the
Corporation.
2.9 Notice of Meetings. Notice for board meetings shall be provided to all Directors and
Members either by mail not less than seventy-two (72) hours before the date of the
meeting, by telephone, telegram, or telecopy on twenty-four (24) hours notice or on such
shorter notice as the person or persons calling such meeting may deem necessary or
appropriate in the circumstances.
2.10 Informal Action bv Directors. Any action required to be taken at a meeting of the
Directors, or any other action which may be taken at a meeting of the Directors, may be
taken without a meeting if a consent or consensus in writing, setting forth the action so
] 669\02\Draft Bylaws 6
taken, shall be signed by all of the Members with respect to the subject matter thereof.
Such consent or consents shall have the same force and effect as a unanimous vote of the
Directors.
2.11 Comoensation. Duly elected or appointed Directors shall serve without compensation,
but shall be reimbursed for reasonable costs of travel, meals, lodging and incidental
expenses while on official b,:!siness for the Corporation.
2.12 Reliance on Professionals and Experts. Directors are authorized to rely on information,
opinions, reports' and statements, including financial statements and other financial data,
prepared or presented by others to the fullest extent permitted by applicable law.
2.13 Executive Committee. The Chair of the Board may appoint an Executive Committee of
the Board to handle the affairs of the Board when regular or special Board meetings are
not in session, with such functions as may be designated to the Executive Committee by
the Board through a resolution properly adopted. The Executive Committee may consist
of the Chair, Vice-Chair, and one or two other Directors as designated by the Chair.
2.14 Other Committees. The Chair is authorized to form any committees as needed in order to
assist the Board with its information gathering and deliberations.
2.15 Soecific Powers and Duties. The Board, in addition to other powers and duties herein
conferred, imposed, and authorized by law, shall have the following powers and duties:
1669\02\Draft Bylaws 7
(a) It shall carry out all of the duties necessary for the proper operation and
administration of the Corporation on behalf of the Members and to that end shall have all
of the powers necessary and desirable for the effective administration of the affairs of the
Corporation.
(b) It shall be authorized to contract with any qualified individual, firm or
organization to perform any of the functions necessary for the effective administration or
operation of the Corporation, or to provide for the fiscal protection of the Corporation or
in keeping with its fiduciary responsibilities as Directors.
(c) It may hire attorneys, accountants, consultants, or such other professional persons
that it may deem necessary aid to or for the Corporation. Those persons shall be paid as
provided in the contract for hire as executed by the Chair of the Board.
(d) It shall have the general power to make and enter into all contracts, leases and
agreements necessary or convenient to carry out any of the powers granted under these
bylaws or by any other law.
(e) It shall provide for an annual audit of the books of the Corporation to be supplied
to the Membership within 120 days following the close of each Corporation Year, or as
soon thereafter as practicable.
I 669\02\Draft Bylaws
8
(f) It shall have the authority to terminate membership of any Member that fails to
abide by the reasonable requirements of the Board concerning payment of annual dues or
aggregation fees as provided in Article V, cooperate with any of the agents hired to
provide administrative services on behalf of the Board, or takes any other action that may
be detrimental to the Corporation.
(g) It may collect interest on all past due accounts not to exceed the amounts allowed
under applicable law.
ARTICLE III. Officers
3.1 Generally. The Board shall elect from among their number a Chair of the Board and a
Vice-Chair of the Board. The Board shall designate a Secretary, who mayor may not be
a Director, to keep the minutes and the records of the Board. The Board may appoint
such other officers, assistant officers, committees and agents, including a treasurer,
assistant secretaries and assistant treasurers, as they may consider necessary, who shall be
chosen in such manner and hold their offices for such terms and have such authority and
duties as may from time to time be determined by the Board. No person may
simultaneously hold two offices. In all cases where the duties of any officer, agent or
employee are not prescribed by the bylaws or by the Board, such officer, agent or
employee shall follow the orders and instructions of the Chair of the Board.
I 669\02\Draft Bylaws
9
3.2 Election: Tenure. The Chair of the Board, the Vice-Chair, and the Secretary shall be
elected at the organizational meeting of the Board. If the election of officers shall not be
held at such meeting, such election shall be held as soon thereafter as a meeting may be
conveniently convened. Other officers may be chosen by the Directors at such meeting
or at any other time. Each officer shall hold office until the first of the following occur:
until his or her successor shall have been duly elected and shall have qualified; or until
his or her death; or until he or she shall resign; or until he or she shall be disqualified
pursuant to these bylaws; or until he or she shall have been removed in the manner
hereinafter provided.
3.3 Removal. Any officer or agent may be removed by majority vote of the entire Board for
cause or without cause whenever in its judgment the best interests of the Corporation will
be served thereby. Neither notice nor a hearing need be given to any officer or agent
proposed to be so removed. Election or appointment of an officer or agent shall. not in
itself create contract rights.
3.4 Vacancies. A vacancy in any office, however occurring, may be filled by the Board for
the unexpired portion of the term.
3.5 Powers and Duties of the Chief Executive Officer. The Chair of the Board shall be the
Chief Executive Officer of the Corporation. Subject to the control of the Board and the
Executive Committee, the Chief Executive Officer shall have general executive charge,
management and control of the properties, business and operations of the Corporation
1669\02\Draft Bylaws 10
with all such powers as may be reasonably incident to such responsibilities; may agree
upon and execute all leases, contracts, evidences of indebtedness and other obligations in
the name of the Corporation; and shall have such other powers and duties as designated
in accordance with these bylaws and as from time to time may be assigned to him or her
by the Board. He or she shall preside at all meetings of the Members and of the Board.
3.6 Vice-Chair. The Vice-Chair shall assist the Chair and shall perform such duties as may
be assigned to him or her by the Chair or by the Board. In the absence of the Chair, the
Vice-Chair shall have the powers and perform the duties of the Chair. In addition, the
Vice-Chair shall have such other powers and duties as from time to time may be assigned
to him or her by the Chair or by the Board.
3.7 Secretary. The Secretary shall: (a) keep the minutes of the proceedings of the Members,
the Executive Committee and the Board; (b) see that all notices are duly given in
accordance with the provisions of these bylaws or as required by law; (c) be custodian of
the records and of the seal of the Corporation and affix the seal to all documents when
authorized by the Board; (d) keep at the Corporation's principal place of business within
the State of Texas a record containing the names and addresses of all Members; and
(e) in general, perform all duties incident to the office of Secretary and such other duties
as from time to tie may be assigned to him or her by the Chair or by the Board.
3.8 Executive Director: Other Officers. The Board may select and appoint an Executive
Director and any other employees to serve at the pleasure of the Board. At the discretion
1669\02\Draft Bylaws
11
of the Board, the Executive Director may be an independent contractor or an employee of
the corporation. The Executive Director and any other such employees duly selected and
appointed employees shall receive such compensation -and other benefits as the Board
may determine, and, additionally shall be entitled to reimbursement of expenses for
. attendance at official meetings of and official functions for the Corporation.
ARTICLE IV. Membership
4.1 Eligibilitv. Any political subdivision that approves the Articles of Incorporation and
these Bylaws by ordinance, resolution, or order adopted by the governing body of the
political subdivision and that purchases electricity for one or more of their respective
public facilities is eligible for membership in Cities Aggregation Power Project, Inc.,
subject to the right of the Board to determine eligibility and conditions of membership,
and subject further to the authority of the Board to terminate membership of any Member
as provided herein, or in any agreement made between the Member and the Corporation.
4.2 Reoresentation. Each Member shall appoint, by formal action by its governing body, a
representative to act for it at the meetings of Members and shall give to the chair of the
Board of Directors in writing the name of the person thus appointed. Only appointed
representatives may act on behalf of Members in the conduct of business of the
corporation. If at any time, a Member withdraws from participation or otherwise has its
membership status terminated, that Member shall no longer have a representative in the
I 669\02\Draft Bylaws
12
Membership, on the Board, or on any committee of the Corporation. Each
Representative will serve until a successor is appointed.
4.3 Withdrawal. Any Member may withdraw from participation In the activities of the
Corporation at any time upon thirty (30) days notice, whereupon it shall cease to be a
Member, shall cease to be entitled or obligated to participate in the activities of all
committees and subcommittees of the Board of Directors and shall have no further
obligations as a Member; provided, however, that if such notice is given more than thirty
(30) days after such Member's receipt of its statement of annual dues, fees and expenses
for a fiscal year, the Member shall be obligated to pay for the full fiscal year within
which such termination is effective.
4.4 Voting Rights. Voting rights are limited to Members. Until December 31, 2003 each
Member shall be entitled to one vote at any regular or special meeting of the Members
upon all matters of business, which vote or votes may be exercised in person or by mail
by a representative of the Member duly authorized in writing; provided, however, that
proxy and cumulative voting shall be prohibited. Thereafter, votes will be based upon the
proportionate aggregation electric load of the Members.
4.5 Annual Meeting:s. The annual meeting of the Members shall be held at a time and on a
date selected by the Chair of the Board, with written notice to each Member, for the
purpose of electing Directors, receiving the annual report from the Board, and for the
transaction of such other business as may come before the meeting. If the day fixed for
1669\02\Draft Bylaws 13
the annual meeting shall be a legal holiday in the State of Texas, such meeting shall be
held on the next succeeding business day.
4.6 Soecial Meetings. Special meetings of the Members, for any purpose, unless otherwise
prescribed by statute, may be called by the Board, and shall be called by the Chair of the
Board or by the Secretary at the request of not less than one-tenth (Ill 0) of all of the
outstanding Members of the Corporation.
4.7 Place of Meeting. The Board may designate the place for any annual meeting or for any
special meeting called by the Board. If no designation is made, or if a special meeting
shall be called otherwise than by the Board, the place of meeting shall be the principal
office of the Corporation in Texas.
4.8 Notice of Meeting: Voting bv Ballots Forwarded bv Mail. (a) Written or printed notice
stating the place, day and hour of the meeting, and, in case of a special meeting, the
purposes for which the meeting is called, shall be delivered, not less than ten (IO) nor
more than fifty (50) days before the date of the meeting (either personally or by mail), by
or at the direction of the Chair of the Board or the Secretary to each Member entitled to
vote at such meeting. If mailed, such notice shall be deemed to be delivered when
deposited in the United States mail so addressed, with postage thereon prepaid. In order
that Members may vote by mail, each notice of meeting shall include a ballot containing
each issue to be voted at that meeting and instructions as to the date by which such ballot
must be postmarked in order for the vote to be counted.
1669\02\Draft Bylaws
14
(b) Whenever notice is required in this Section 4.8 of Article IV, a waiver thereof in
writing signed by the Member, whether before, at, or after the time stated therein, shall be
equivalent to such notice. By attending a meeting, a Member waives objections to lack
of notice or defective notice of such meeting unless the Member, at the beginning of the
meeting, objects to the holding of the meeting or the transacting of business at the
meeting. Further, a Member waives objection to consideration at such meeting of a
particular matter not within the purpose or purposes described in the meeting notice
unless the Member objects to considering the matter when it is presented.
4.9 Quorum. A quorum for the election of Directors, and conducting normal business at all
meetings of the Members shall be twenty-five percent of the Members present in person
or voting by mail.
4.10 Informal Action bv Members. Any action required to be taken at a meeting of the
Members, or any other action which may be taken at a meeting of the Members, may be
taken without a meeting if a consent or consents in writing, setting forth the action so
taken, shall be signed by all of the Members with respect to the subject matter thereof.
Such consent or consents shall have the same force and effect as a unanimous vote of the
Members.
1669\02\Draft Bylaws
15
ARTICLE V. Funding
5.1 Generallv. Funding of the corporation shall be by member political subdivisions through
the assessment of dues or through an aggregation fee charged per kilowatt-hour, or a
combination of both as determined appropriate by the Board of Directors.
5.2 Initial Membershio Fee. The initial membership fee shall be based upon Y2 of 1 % of the
total annual electric bill of 2000. Such fee shall not exceed $14,000. The initial fee will
be credited against future administrative fees imposed after December 31, 2003. It is
permissible for political subdivisions to pay the fee prior to formally joining the
corporation and be credited with payment of the fee after a resolution approving the
articles of incorporation and by-laws is passed by the political subdivision.
5.3 Board Authority. The Board shall have the authority to establish membership dues, an
aggregation fee, or both, to be applicable to all Members of the Corporation. The Board
may amend such dues and fees at its discretion. The Board shall have the authority to
establish appropriate penalties that may be assessed against a Member for failure to pay
the dues, aggregation fee, or both, established by the Board.
5.4 Statements. Membership fees will be billed annually; statements for other fees and
expenses will be provided monthly as needed. Due dates for fees and expenses will be
determined by the Board.
] 669\02\Draft Bylaws
16
5.5 Books and Records. All Members of the corporation will have access to the books and
records of the corporation, including financial statements and budgets; however, the
Board of Directors may adopt policies that provide reasonable protection against the
unnecessary disclosure of information to individual employees;
ARTICLE VI. Indemnification
6.1 Liability. A Director, officer, employee or agent of the Corporation who performs his or
her duties in good faith, in a manner he or she reasonably believes to be in the best
interests of the Corporation, and with such care as an ordinarily prudent person in a like
position would use under similar circumstances, shall not have any liability by reason of
being or having been a Director, officer, employee or agent of the Corporation and shall
not have any liability for any action taken by any employee, agent or independent
contractor selected with reasonable care, or for any loss incurred through the investment
of or failure to invest monies of the Corporation or any Trust Account. No Director,
officer, employee or agent shall be liable for any action taken or omitted by another
Director, officer, employee or agent.
6.2 INDEMNIFICATION. EACH PERSON WHO AT ANY TIME SHALL SERVE,
OR SHALL HAVE SERVED, AS A DIRECTOR, OFFICER, EMPLOYEE OR
AGENT OF THE CORPORATION, OR ANY PERSON WHO, WHILE A
DIRECTOR, OFFICER, EMPLOYEE OR AGENT OF THE CORPORATION, IS
I 669\02\Draft Bylaws 17
OR W AS SERVING AT ITS REQUEST AS A DIRECTOR, OFFICER,
PARTNER, VENTURER, PROPRIETOR, TRUSTEE, EMPLOYEE, AGENT OR
SIMILAR FUNCTIONARY OF ANOTHER FOREIGN OR DOMESTIC
CORPORATION, PARTNERSHIP, JOINT VENTURE, SOLE
PROPRIETORSHIP, TRUST EMPLOYEE BENEFIT PLAN OR OTHER
ENTERPRISE, SHALL BE ENTITLED TO INDEMNIFICATION AS, AND TO
THE FULLEST EXTENT, PERMITTED BY ARTICLE 1396 2.22A OF THE
TEXAS NON PROFIT CORPORATION ACT OR ANY SUCCESSOR
STATUTORY PROVISION, AS FROM TIME TO TIME AMENDED, SUCH
ARTICLE OR SUCCESSOR PROVISION, AS SO AMENDED, BEING
INCORPORATED IN FULL IN THESE BYLAWS BY REFERENCE. THE
FOREGOING RIGHT OF INDEMNIFICATION SHALL NOT BE DEEMED
EXCLUSIVE OF ANY OTHER RIGHTS TO WHICH THOSE TO BE
INDEMNIFIED MAY BE ENTITLED AS A MATTER OF LAW OR UNDER ANY
AGREEMENT, VOTE OF DISINTERESTED DIRECTORS, OR OTHER
ARRANGEMENT. IT IS EXPRESSLEY ACKNOWLEDGED THA T THE
INDEMNIFICATION PROVIDED IN THIS ARTICLE COULD INVOL VE
INDEMNIFICATION FOR NEGLIGENCE OR UNDER THEORIES OF STRICT
LIABILITY.
6.3 Advance Pavrnent. The right to indemnification conferred in this Article VI shall include
the right to be paid in advance or reimbursed by the Corporation the reasonable expenses
incurred by a person of the type entitled to be indemnified under Section 2 who was, is or
] 669\02\Draft Bylaws 18
is threatened to be made a named defendant or respondent in a proceeding in advance of
the final disposition of the proceeding and without any determination as the person's
ultimate entitlement to indemnification; provided, however, that the payment of such
expenses incurred by any such person in advance of the final disposition of a proceeding,
shall be made only upon delivery to the Corporation of a written affirmation by such
Director or officer of his or her good faith belief that he or she has met the standard of
conduct necessary for indemnification under this Article VI and a written undertaking, by
or on behalf of such person, to repay all amounts so advanced if it shall ultimately be
determined that such indemnified person is not entitled to be indemnified under this
Article VI or otherwise.
6.4 Appearance as a Witness. Notwithstanding any other provision of this Article VI, the
Corporation may payor reimburse expenses incurred by a Director or officer in
connection with his or her appearance as a witness or other participation in a proceeding
involving the Corporation or its business at a time when he or she is not a named
defendant or respondent in the proceeding.
6.5 Non-exclusivitv of Rights. The right to indemnification and the advancement and
payment of expenses conferred in this Article VI shall not be exclusive of any other right
which a Director or officer or other person indemnified pursuant to this Article VI may
have or hereafter acquire under any law (common or statutory), provision of the Articles
of Incorporation of the Corporation or these Bylaws, agreement, vote of members or
disinterested Directors or otherwise.
1669\02\Draft Bylaws
19
6.6 Savings Clause. If this Article VI or any portion hereof shall be invalidated on any
ground by any court of competent jurisdiction, then the Corporation shall nevertheless
indemnify and hold harmless each Director, officer or any other person indemnified
pursuant to this Article VI as to costs, charges and expenses (including attorneys' fees),
judgments, fines and in amounts paid in settlement with respect to any action, suit or
proceeding, whether civil, criminal, administrative or investigative, to the full extent
permitted by any applicable portion of this Article VI that shall not have been invalidated
and to the fullest extent permitted by applicable law.
ARTICLE VII. CODE OF CONDUCT
7.1
Policv and Purposes. (a)
It is the policy of the Corporation that Directors and
officers conduct themselves in a manner consistent with sound business and ethical
practices; that the public interest always be considered in conducting corporate business;
that the appearance of impropriety be avoided to ensure and maintain public confidence
in the Corporation; and that the Board establish policies to control and manage the affairs
of the Corporation fairly, impartially, and without discrimination.
(b) This Code of Ethics has been adopted as part of the Corporation's Bylaws for the
following purposes: (a) to encourage high ethical standards in official conduct by
Directors and corporate officers; and (b) to establish guidelines for such ethical standards
of conduct.
] 669\02\Draft Bylaws
20
7.2 Conflicts of Interest. (a) Except as provided in subsection (c), a Director or officer is
prohibited from participating in a vote, decision, or award of a contract involving a
business entity or real property in which the Director or the officer has a substantial
interest, if it is foreseeable that the business entity or real property will be economically
benefitted by the action. A person has a substantial interest in a business (i) if his or her
ownership interest is ten percent or more of th~ voting stock or shares of the business
entity or ownership of $15,000 or more of the fair market value of the business entity, or
(ii) if the business entity provides more than ten percent of the person's gross income. A
person has a substantial interest in real property if the interest is an equitable or legal
ownership with a fair market value of $2,500 or more. An interest of a person related in
the first degree by affinity (marriage relationship) or consanguinity (blood relationship)
to a Director or officer is considered a substantial interest.
(b) If a Director or a person related to a Director in the first degree by affinity or the
first degree by consanguinity has a substantial interest in a business entity or real property
that would be pecuniarily affected by any official action taken by the Board, such
Director, before a vote or decision on the matter, shall file an affidavit stating the nature
and extent of the interest. The affidavit shall be filed with the Secretary of the Board.
(c) A Director who has a substantial interest in a business entity that will receive a
pecuniary benefit from an action of the Board may vote on that action if a majority of the
Board has a similar interest in the same action or if all other similar business entities in
the Corporation will receive a similar pecuniary benefit.
] 669\02\Draft Bylaws
21
(d) An employee of a public entity may serve on the Board. It is specifically
recognized that as an official or employee of a public entity, that person's primary loyalty
is to the political subdivision that employs them. It shall not be a conflict of interest for
.said Board member to express opinions or vote in a manner that reflects the self-interest
of the public entity that the Board member represents.
7.3 Acceotance of Gifts. No Director or officer shall accept any benefit as consideration for
any decision, opinion, recommendation, vote or other exercise of discretion in carrying
out official acts for the Corporation. No Director or officer shall solicit, accept, or agree
to accept any benefit from a person known to be interested in or likely to become
interested in any contract, purchase, payment, claim or transaction involving the exercise
of the Director's or officer's discretion. As used here, a benefit does not include:
(a) a fee prescribed by law to be received by a Director or officer or any other benefit
to which the Director or officer is lawfully entitled or for which he or she gives legitimate
consideration in a capacity other than as a Director or officer,
(b) a gift or other benefit conferred on account of kinship or a personal, professional.
or business relationship independent of the official status of the Director or officer;
(c) an honorarium in consideration for legitimate services rendered above and beyond
official duties and responsibilities if:
] 669\02\Draft Bylaws
22
(1) not more than one honorarium IS received from the same person In a
calendar year;
(2) not more than one honorarium is received for the same service; and
(3) the value of the honorarium does not exceed $50 exclusive of
reimbursement for travel, food, and lodging expenses incurred by the
Director or officer in performance of the services;"
(d) a benefit consisting of food, lodging, transportation, or entertainment accepted as
a guest if reported as may be required by law.
7.4 Briberv. A Director or officer shall not intentionally or knowingly offer, confer or agree
to confer on another, or solicit, accept, or agree to accept from another:
(a) any benefit as consideration for the Director's or officer's decision, OpInIOn,
recommendation, vote, or other exercise of discretion as a Director or officer;
(b) any benefit as consideration for the Director or officer's decision, vote,
recommendation, or other exercise of official discretion in a judicial or administrative
proceeding; or
1669\02\Draft Bylaws
23
(c) any benefit as consideration for a violation of duty imposed by law on the
Director or officer.
7.5 Nepotism. No Director or officer shall appoint, or vote for, or confirm the appointment to
any office, position, clerkship, employment or duty, of an person related within the
second degree by affinity or within the third degree of consanguinity to the Director or
officer so appointing, voting. or confirming, or to any other Director or officer. This
provision shall not prevent the appointment, voting for, or confirmation of any person
who shall have been continuously employed in any such office, position, clerkship,
employment or duty at least thirty (30) days prior to the appointment of the Director or
officer so appointing or voting.
ARTICLE VIII. Miscellaneous Provisions
8.1 Fiscal Year. The fiscal year for the Corporation shall begin October 1 and end September
30. This fiscal year shall also be referred to as the Corporation Year.
8.2 Seal. The seal of the Corporation shall be such as from time to time may be approved by
the Board.
8.3 Gender. References herein to the masculine gender shall also refer to the feminine in all
appropriate cases, and vice versa.
I 669\02\Draft Bylaws
24
. 8.4 Aoorooriations and Grants. The Corporation shall have the power to request and accept
any appropriation, grant, contribution, donation, or other form of aid from the federal
government, the State, any political subdivision, or municipality in the State, or from any
other source.
8.5 Amendments. These bylaws may be amended by the Board after notice of the proposed
amendments has been mailed to each Director of the Board at least ten (10) days prior to
the day of the meeting to consider same. The Board shall recommend such changes as it
deems necessary or desirable from time to time. Any amended Bylaws shall be signed by
the Chair and attested to by the Secretary. A copy of any amendment shall be mailed
immediately after its adoption to each Member.
8.6 Conflicts of Interest. Each Director, committee member and subcommittee member shall
have an affirmative duty to disclose to the Board of Directors, the committee or
subcommittee (as the case may be) any actual or potential conflicts of interest between
such Director, committee member or subcommittee member, and the Corporation where,
and to the extent that, such conflicts or potential conflicts directly or indirectly affect any
matter that comes before the Board of Directors, or any committee or subcommittee. It
shall not be a conflict of interest for a Director, committee member or subcommittee
member to express opinions or vote the interests of the political subdivision Member that
employs that individual.
] 669\02\Draft Bylaws
25
RESOLUTION R-01-1792
A RESOLUTION APPROVING THE ARTICLES OF INCORPORATION AND BYLAWS
OF CITIES AGGREGATION POWER PROJECT, INC., A POLITICAL SUBDIVISION
CORPORATION; ACCEPTING MEMBERSHIP IN SAID CORPORATION;
APPOINTING A REPRESENTATIVE TO SERVE ON BEHALF OF THE CITY OF
COLLEYVILLE; APPROVING PAYMENT OF AN INITIAL MEMBERSHIP FEE; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Chapter 303 of the Texas Local Government Code, entitled Energy
Aggregation Measures for Local Governments, allows political
subdivisions to form a political subdivision corporation to act as an agent
to negotiate the purchase of electricity, or to likewise aid or act on behalf
of the political subdivisions for which the corporation is created, with
respect to their own electricity use for their respective public facilities; and
WHEREAS, Cities Aggregation Power Project, Inc., is a political subdivision
corporation organized under said Chapter; and
WHEREAS, the negotiation for electricity by the corporation should result in lower
electricity costs to the City of Colleyville; and
WHEREAS, the TXU Cities Steering Committee has participated in numerous ratf
proceedings and rule-makings over the course of the last decade and
having investigated the impacts of electric deregulation, recommends
participation of cities in aggregation projects and creation of a political
subdivision corporation to maximize opportunities for cost savings; and
WHEREAS, the TXU Cities Steering Committee has facilitated the creation of Cities
Aggregation Power Project, Inc.,; and
WHEREAS, the City of Colleyville seeks to become a Member of Cities Aggregation
Power Project, Inc.,; and
WHEREAS, the Bylaws of Cities Aggregation Power Project, Inc., requires an initial
membership fee of ~ of 1 % of the total annual electric bill of the year
2000. Such fee shall not exceed $14,000.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the recitals contained in the preamble of this Resolution are
determined to be true and correct and are hereby adopted as a part of this
Resolution.
Sec. 2.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Sec. 7.
Resolution R-01-1792
Page 2 of 2
THAT the Articles of Incorporation and Bylaws of Cities Aggregation
Power Project, Inc., a political subdivision corporation, attached hereto
and incorporated herein for all purposes as Exhibits A and B respectively,
are hereby approved.
THAT the City of Colleyville, Texas, accepts Membership in Cities
Aggregation Power Project, Inc.
THAT the City of Colleyville approves payment of an initial fee
assessment equivalent to % of 1 % of the total annual electric bill of the
City of Colleyville in the year 2000. Such fee shall not exceed $14,000.
THAT the City of Colleyville hereby appoints the City Manager's
authorized designee to serve as the City's representative to the
corporabvn and to act on the City's behalf.
THAT all Resolutions and parts thereof in conflict herewith are hereby
expressly repealed insofar as they conflict herewith.
THAT this Resolution shall take effect immediately from and after its
adoption and it is accordingly so resolved.
AS IT IS SO RESOLVED.
Passed by a vote of
day of
ATTEST:
ayes,
,2001.
nays, and
abstentions on this the
CITY OF COlLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor
cc&~
CITY COUNCIL 7..,< AGENDA BRIEFING
For mtg. : 05/01/01 CMO Approval:
Item # :
7
Report :
DEPT. :
FINANCE
SUBJECT:
Quarterly Investment Report
Previous Action: None
BackQround
During the period January 1, 2001, through March 31, 2001, the City of Colleyville had
an average of $35,294,829 invested on a daily basis, which earned $530,648 with an
average yield of 6.10%. The average yield on investments for this quarter is down .05%
from the average yield of 6.15% for the prior quarter due to the dramatic drop in interest
rates. This average will continue to drop in the future as maturing investments are
replaced by ones with lower interest rates. The City had 99.7% of idle funds invested
daily and the amount held in the depository account earned interest at an average of
1%. ....
As of March 31,2001, the City had $42,481,571 invested in the LOGIC Investment Pool
and various debt instruments in the following percentages:
LOGIC Investment Pool
Treasury Notes
46.35%
16.44 %
( continued)
xJ~ :m..w~
CITY MANAGER
~~.
DEP;:i - - -. D n~
FINANCIAL REVIEW (IF NECESSARY)
Agenda Briefing
Quarterly Investment Report
Page 2
FNMA Notes
FHLB Discount Notes
FHLMC Discount Note
FNMA Discount Notes
FFCB Note
FHLMC Note
12.44%
10.57%
5.89%
3.02%
2.94%
2.35%
These percentages are within the guidelines for portfolio diversification in the City's
investment policy. The market value of the City's investments at March 31, 2001, was
$23,095,351 as compared to a purchase price of $22,790,860 (this excludes LOGIC
Investment Pool).
The Colleyville Economic Development Corporation currently holds a Treasury Note
($1,019,445) with a market value of $1,031,086 and $3,363,806 was invested in the
Corporation's name in the LOGIC investment pool. These funds earned interest of
$67,121 for the quarter.
Attached in paper copy only is the allocation of the City's investments and LOGIC
Investment Pool by fund and investments held during the quarter and quarterly interest
earnings by investment. In March, there was a default on a piece of Pacific Gas and
Electric commercial paper held by the LOGIC Pool that was less than one percent of the
total investments held. In order to maintain a stable asset value, the total value of the
defaulted commercial paper was placed in a separate account by the Logic Pool and
the participants use of those funds were frozen. The total of City and CEDC holdings
placed in the account were $95,996.31 and $34,037.06, respectively. On March 31,
2001, Pacific Gas and Electric made an interest payment to the defaulted commercial
paper holders, that bankruptcy courts rule as providing valid creditor status. In April,
Pacific Gas and Electric filed Chapter 11 bankruptcy providing for a re-organization of
debts and stated as a part of their re-organization they will pay all valid creditors. Also
attached is the quarterly investment information compiled by the LOGIC Investment
Pool to meet investment legislation requirements.
OUTSTANDING INIIESTMENTS AT IAARDi 31, 2001
PURCHASE PAR IoWlKETVAWE MAT\JIIITY YIElD ON
PRICE VAlUE 03/31101 MTE INVESNEHT
TREASURY NOTE 1'.DIl2.Jaa 11,100.000 11,100.000 3131101 a.313%
FHLB DISCOLM" NOTE 11 ,000.ll4O 11.070.000 1'.0B4.a72 4/23101 B.72B%
FHLMC NOTE 11,000.000 11.000.000 11.011.250 O/2eIOl B.510%
FHLB DISCOLM" NOTE 11,088,m 11.130,000 11,128.21B 4J3GIO I a.551%
FHLB DISCOLM" NOTE 11,083,537 11.180,000 1','54.aae 5/10/01 7.052%
TREASURY NOTE 11l81,5B3 I I .000.000 11,000,838 5/15101 B.475%
TREASURY NOTE 11.101,182 11.100,000 11,103._ 5/31101 a.3OO'll.
FNMA NOTE 11.350.000 11,350,000 I I ,:l55,0B3 lII2S101 B.B70%
FHLMC Dlsc;ou.rr NOTE 11,350,014 11,441.000 1',412,aae 7/18101 B.787%
FHLMC DISCOUNT NOTE 11,150.523 11,170.000 11,152,021 7I3Ml 4.Bel%
FHLB DISCOlMr NOTE 1',303.B5lI 11,330,000 11,308.828 BI2IO 1 4.788%
TREASURY NOTE 11 ,223.2B5 11,220,000 11.225,338 8/3'/01 5.020%
TREASURY NOTE 11,272.211 $1.275.000 ".2&!l,845 10/31101 a.43'%
FNMA DISCOUl'lT NOTE 11.282,537 11,320,000 ",284,743 1118101 4518%
TREASURY NOTE " ,304.875 ",300,000 ",3'3.000 11I30IO I 5.447%
F"MA NOTE ".422,750 ".400.000 11.423,500 2/1/02 4.8M"
Ft-otM. NOTE 11.2211,828 " ,210.000 ",231.445 1lI15102 4.780%
FNW. NOTE 11,280.000 11.280,000 I I ,285,550 2/121D3 5.248%
FFCB NOTE 11.248,218 ",215,000 ",252.875 2/27/03 5.358"
TOTAL OUTSTANDING INVESTMENTS 122.78O,8aO '23,071,000 123,085.38'
crN OF COLLEYVILLE BALANCES AT MARCH 31.2001
INVESTMENT PURCHASES 122,780,880
LOGIC INVESTMENT POOL 118._,711
TOTAL CITY INVESTMENTS HELD AT MARCH 3' ...........................
2001 .......~;Q1;Wf
...... - . .
::;::::=::::::;:;..-:.....->....;........:..:;::
COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BAlANCES AT MARCH 3'. 2001
PURCHASE PAR IAARKET VAlUE MATURITY YIELD ON
PRICE VAlUE o 3131101 DATE INIIESlMEHT
TREASURY NOTE ",018,445 " .025,000 " ,031 ,Dae 8/31101 8.201"
COLLEYVILLE ECONOMIC DEVELOPMENT CORPORATION BAlANCES AT IAARDi 3'.2001
INVESTMENT PURCHASES
11,018,445
lOGIC INVESTMENT POOL
13.3B3,BOB
-'TAL CEDC INVESTMENTS HELD AT MARCH 31, 2001
:r........~~~~(.
OTAl 'NVESTMENTS HELD BY CITY OF COLLEYVILLE
!mD COLLEYVILLE ECONOMIC DEVELOPMENT CORP AT MARDi 31,2001
143,512,B57
INTEREST EARNINGS ON INVESTMENTS JANUARY 1 . MARCH 31, 2001
PURCHASE PAR MATURITY YIELD ON INTEREST
PRICE VALUE DATE INVESTMENT EARNED
FHLB BONO 51,178,171 51,185,000 1129101 6 700% 56,055
FHLB DISCOUNT NOTE 51,307,601 51,390,000 2/1101 6,471% 57,186
FHLMC NOTE 51,202.850 51,215.000 2126101 6.815% 511,990
FHLB DISCOUNT NOTE 51.228,964 51,305,000 3/1101 6.402% 512,697
FNMA DISCOUNT NOTE 51,198,887 51,210,000 3/15101 6.652% 516.603
FNMA NOTE 51,119,887 51,120,000 3120101 6560% 516,102
FHLB NOTE 51,249,753 51.250,000 3120101 6500% 517,805
TREASURY NOTE 51,092,388 51,100,000 3131101 6.373% 517.356
FHLB DISCOUNT NOTE 51,002,940 51,070,000 4123101 6.726% 517,003
FHLMC NOTE 51,000,000 51,000.000 4126101 6.510% 516,409
FHLB DISCOUNT NOTE 51,099,990 51,130,000 4130101 6.551% 518,164
FHLB DISCOUNT NOTE 51,083,537 5118,000 5/1 0/01 7.052% 519.260
TREASURY NOTE 5991,563 51,000.000 5/15101 6475% 516,183
TREASURY NOTE 51,101,162 51,100,000 5/31101 6.300% 517,486
FNMA NOTE 51,350,000 51,350,000 6128101 6.870% 523,3n
FHLMC DISCOUNT NOTE 51,350,014 51,441,000 7/19/01 6.797% 523,129
FHLMC DISCOUNT NOTE 51,150,523 51,170,000 7/30101 4.681% 51,476
FHLB DISCOUNT NOTE 51,303.658 51,330,000 8I2J01 4.789% 55,131
TREASURY NOTE 51,223,265 51,220,000 6/31/01 5.020% 59,926
TREASURY NOTE 51,272,211 51,275,000 10/31/01 6431% 520,622
FNMA DISCOUNT NOTE 51,282,837 51,320,000 11/8101 4516% 51,587
TREASURY NOTE 51,304,875 51,300.000 11/30101 5447% 517,916
FNMA NOTE 51,422.750 51,400,000 2/1102 4855% 511,355
FNMA NOTE 51,247,734 51,250,000 8/6102 6060% 59,322
FNMA DISCOUNT NOTE 51,229,929 51,210,000 8115102 4.780% 52,416
FNMA NOTE 51,260,000 51,260,000 2/12/03 5.249% 58,283
FFCB NOTE 51,249,219 51,215,000 2127103 5358% 55,888
TOTAL INTEREST EARNED ON CITY INVESTMENTS HELD 1.1-01 THROUGH 3-31-01 5350,706
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LISTING OF INVESTMENTS
BY GENERAL LEDGER
ACCOUNT NUMBER
OUTSTANDING INVESTMENTS AT 3-31~1
ACCOUNT ALLOCATION OF INVESTMENT INVESTMENT GIl. TOTAl
001.1172 GENERAL FUND OPERATING $6.057.02874
002.1160 UTILITY DEBT SERVICE RESERVE $754.285.53
002.1189 98 REVENUE BONDS $564.036.43
002-1172 UTILITY FUND OPERATING $8.079.410.10
002-1174 WATER IMPACT FEE $1.423,588.71
002-1178 CUSTOMER DEPOSITS $319.255.42
003-1173 SERVICE AREA I -IMP FEES $1,804.107.88
003-1179 GLADE ROAD ESCROW $136,95713
003-1180 BEDFORD BRIDGE ESCROW $29.03313
003-1182 PLEASANT RUN LAUREL OAKS $48.821.08
003-1188 HIGHLAND MEADOWS III ESCROW $27.967.34
003-1191 HILLS OF CENTRAL PK ESCROW $122.046.70
003-1192 MCDONWELL~DSESTESCROW $8,42707
003-1200 LONGWOOD-PARKI"IG ESCROW $11,46783
003-1203 SERVICE AREA II - IMP FEES $180,44659
003-1204 BEDFORD LAKESISOMERSET $195,393.88
003-1209 PECAN PARK II DRAINAGE ESCROW $3,083.82
003-1212 GLADE RDIPLEAS RUN CHURCH ESCROW $27,217.92
003-1218 BOGARTlHlDCcN OAKSISANDLIN $232.187.61
003-1217 CHURCH STREET CULVERT ESCROW $12.294.98
003-1228 PLEASANT RUN HARDAGE ESTATESlESC $37.80680
003-1229 GLADE RD SUMMERBROOK 548,897.21
003-1231 LAKEWOOD ESCROW $21,343.54
003-1236 E GLADE CRANBROOK ESCROW $100,957.92
003-1237 E. GLADE ASHMORE I ESCROW $45.027.13
003-1239 GLADE POINTS LANDSCAPE ESCROW 53.88451
003-1247 GLADEN-IAYSIDE ESCROW 536.356.97
003.1257 ASHMORE II A GLADE RD ESCROW $24.081.42
003-1263 ARBOR ESTATES III $41,431.58
003.1288 MILL CREEK! GLADE ESCROW $26,199.22
003.1271 ASHMORE IIV GLADE ESCROW $52,445 73
003-1278 GLADE RD/ASHMORE liB ESCROW 530.846.27
003-1287 CALDWEEL'S CK PH I ESCROW $119,033.87
003.1301 LAKE~D PH IV $66,80345
003-1303 OAKBROOK HILLS $52,457.84
003-1307 SPRING GARDEN $171.881.75
003-1312 TIMMARON PH 1 $82,71809
003-1313 APPLEBEE'S $38.43905
003-1319 REMINGTON PARK $134.40241
003-1323 SHALlMAR $81,091.84
003-1325 PECAN GARDENS $25.547.32
003-1328 WALGREENS $33.406.75
003-1330 REMINGTON PARK $83.94378
003-1340 MONTERRA SIDEWALK 563,00000
004-1172 DEBT SERVICE FUND 54n,87880
005-1172 VOlUNTARY PARK FUND $320.179.18
006-1172 SESQUICENTENNIALlWEBB HOUSE FUND $21,26788
011-1172 LIBRARY DONATIONS FUND 5418.363.01
012-1172 PARK LAND DEDICATION FUND $394.46113
017-1136 95 BONDS-DRAlNAGE $664.59426
017-1172 DRAINAGE FUND OPERATING $256.967.06
027.1184 CCCPD 99 BONDS $1.038,214.03
025-1162 CEOC 97 BONDS 51,019.444.50
INVESTMENT ALLOCATION AT 3-31~1
$23,810,00983
VALUE AT MATURITY
$24,098.00000
INTEREST RECEIVED AT MATURITY
$n4,12644
OUTSTANDING INVESTMENTS AT ~31-GI
INVESTMENT FHU!C TREASURY FHLIl FHlS FNMA FHLMC
MED TERM NOTE NOTE DISCOUNT DISCOUNT NOTE DISCOUNT
DATE ACOUlRED 2U.po-.oo 01-Moy.oo 01-Moy.oo Il1-Moy.oo 3O-Jun-OD 2S-Jul-OD
..... TURIlY DATE 2U.po--Gl lS-Moy-Gl 23-.\pr-Gl 1 D-Moy-GI 2S-Jun-Gl 18-.1u1-C1
211 WEEK T ..sILL AUCTION DlSCOUNTIWEEK OF PURCHAli 5.7~5% 5.'35% 5.'35% 8.250% 5.155% . tis,",
YIELD TO ..... TURlTY 8.51D'llo 8.~75% 8.128% 7052% 887D'llo 5718%
ACCOUNT AlLOCATION OF INVESTMENT
001.1172 GENERAl. FUND OPERATING 1.ODD.ODD.00 .,n .5ll2.5O lIlI7.'71.lID 58.725.82 302.1155.77
002-1111ll lITIUTY DEBT SERVICE RESERVE ".3SD.15 304.21751 1."0"'-
002-l1et II REVENUE BONOS
002.1172 unUTY FUND OPERATING 31~.tIIO.e3 2tIll.127." 833.7358'
002.117. WATER IMPACT FEE 200.000 00
002-1178 CUSTOMER DEPOSITS ".83321
00~1173 SERVICE AREA I -IMP FEES '7.817." 53.'88.'7 31452.08
003-117. GLADE ROAD ESCROW
00~118O BEDFORD BRIDGE ESCROW
00~1182 PLEASANT RUN LAUREL OAKS 48.121.08
00~1111ll HIGHlAND MEADOWS III ESCROW
003-I1t1 HILLS OF CENTRAl PK ESCROW
003-1112 MCDONWELL WOODS EST ESCROW 8.~27 07
003-1200 LONGWOO~ARKING ESCROW
003-1203 SERVlj;E AREA II - IMP FEES 180.448.5'
OO~ 120< BEDFORD LAKESlSOMERSET
oo3-12Dll PECAN PARK II DRAINAGE ESCROW
003-1212 GlADE RDlPlEAS RUN CHURCH ESCROW
003-1218 BOGART/HIDDEN OAKSlSANDUN
003-1217 CHURCH STREET CULVERT ESCROW
003-1228 PlEASANT RUN HARDAGE ESTATESJESC
003-1229 GLADE RD SUMMERBROOK
003-1231 LAKEWOOD ESCROW
003-1236 E GLADE CRANBROOK ESCROW
003-1237 E. GLADE ASHMORE I ESCROW
003-1231 GlADE POINTS lANDSCAPE ESCROW
003-12~7 GLADElWAYSIDE ESCROW
003-1257 ASHMORE II A GLADE RD ESCROW
003-1283 ARBOR ESTATES III
003-' 268 MILL CREEKJ GLADE ESCROW
003.1271 ASHMORE 1111 GLADE ESCROW 52....573
003-' 278 GLADE ROIASHMORE liB ESCROW
003-1287 CALDWEEL'S CK PH I ESCROW
003-1301 LAKEWOOD PH IV
003-1303 OAKBROOK HILLS
003-1307 SPRING GARDEN
003-1312 TIMMARON PH I
003-13'3 APPlEBEE'S
003-13'9 REMINGTON PARK l:W.~02.41
003-1323 SHAUMAR
003-1325 PECAN GARDENS 25Sol7.32
003-13211 WALGREENS 33.'0675
003-1330 REMINGTON PARI< S3.H3.78
003-1:WO MONTERRA SIDEWAU< 83.000.00
DD4.1172 DEBT SERVICE FUND 27'.05'15
005-1172 VOLUNTARY PARK FUND
006-1172 SESQUlCENTE_AlIWEBB HOUSE FUND 21.2117.81
01'-1172 UBRARY DONATIONS FUND 157.837.14
36.0Sol.70 Sol.83385
012-1172 PARK lAND DEDICATION FUND
'2.'50.~5
017-1136 IS BONOS-oRAINAGE
'52.'50.85
017-1172 DRAINAGE FUND OPeRATING
36.'07.13 ".8U31
027-11" CCCPD It BONDS
025-1112 CEOC '7 BONDS
INVESTMENT AlLOCATION AT 3-31-Gl $1.000.000.00 St91.5ll2.5O $1.002.13'.53 $1.083.536." 51.350.000.00
51.350.01....
VALUE AT MATURITY 51.ooo.0DD.00 $1.000.000.00 51.070.000.00 51.180.000.00
51.350.000.00 51....,.ODD.00
INTEREST RECEIVED AT .....TURITY S85.100.00 S51.~13." S87.DlID.~7 $7S."3.01 $12.745.00
SlID.'85.Sol
OUTSTANDING INVES"NENTS AT 3-31-41
INVES"NEI'lT TREASURY TREASURY TREASURY TREASURY FHLB TREASURY
NOTE NOTE NOTE NOTE DlSCOUI'lT NOTE
DATE ACQUIRED 17-Aug-4O O2-od-OO 31-Od-OO 1 >Nov-OO 29-No\o -00 21-00<-00
MATURITY DATE 31-Od-41 31-Ma,..o1 31-M.,.-41 31-Aug-41 3O-Ap- -4' JO->joo, -41
211 WEEK T -BIll. AUCT10N DlSCOUNTIWEEK OF PURCHAE 5.785'" 8.00ll'" 8.1I5ll'" 807ll'" 8180% 5.55O'lO
YIELD TO MATURITY 8.091'" 8.3n", 8300% 8.201% 8 551% 5 "7'"
ACCOUI'lT ALLOCATION OF INVES"NEI'lT
001.11n GENERAL. FUND OPERATING 27U3lI.Ol 1.092.093.n
002-'158 UTIUTY DEaT SERVICE RESERVE 25.251.15
002-'188 ell REVENUE BONOS
002-I1n UTIUTY FUND OPERATING 574.1111.82 801.013.33 1.089,819 71 1118,904 74
002.1174 WATER IMPACT FEE 15825Q.lIll
002-117' CUSTOMER DEPOSITS
003-'173 SERVICE AREA I - IMP FEES 178.427.43
003-1179 GLADE ROAD ESCROW
003-1180 BEDFORD BRIDGE ESCROW
003-1112 PLEASAI'lT RUN LAUREL OAKS
003-1111 HIGHLAND MEADOWS III ESCROW 27,987.34
003-1191 Hlll.S OF CENTRAl. PK ESCROW
003- 11 92 MCOONWEll. WOODS EST ESCROW
003-1200 LONGWOOO-PARKING ESCROW
003-1203 SERVICE AREA II . IMP FEES
003-' 204 BEOFORD LAKESlSDMERSET
003-12Ol1 PECAN PARK II DRAI....GE ESCROW
003-1212 GLADE RDIPLEAS RUN CHURCH ESCROW
003-12'8 BOGARTMIOOENOAK~SANDUN
003-1217 CHURCH STREET CULVERT ESCROW
003-1228 PLEASAI'lT RUN HARDAGE ESTATESiESC
003-1229 GLADE RD SUMMERBROOK
003.123' LAKEWOOD ESCROW
003-1235 E. GLADE CRANBROOK ESCROW
003.1237 E GLADE ASHMORE I ESCROW
003-1239 GLADE POII'lTS LANDSCAPE ESCROW
003.1247 GLADElWAYSIDE ESCROW
003-1257 ASHMORE II A GLADE RD ESCROW
003-1263 ARBOR ESTATES III
003-1268 MIll. CREEK! GLADE ESCROW
003.1271 ASHMORE 1111 GLADE ESCROW
003-1278 GLADE ROIASHMORE liB ESCROW
003.'287 CALDWEEL'S CK PH I ESCROW
003-1301 LAKEWOOD PH IV
003-1303 OAKBROOK HILLS
003-1307 SPRING GARDEN
003-1312 TlMMARON PH 1 152.7115.09
003-'313 APPLEBEE'S 31,43905
003-1318 REMINGTON PARK
003-1323 SHAUMAR 81.091.84
003-1325 PECAN GARDENS
003-13211 WALGREENS
003-1330 REM'NGTON PARK
003-13411 MONTERRA SIDEWALl<
004.1172 DEaT SERVICE FUND
203.8211.85
ODS- 11 72 VOLUNTARY PARK FUND 57,133.00
008-1172 SESQUICENTENN'Al../WEBB HOUSE FUND
011-11n UBRARY OO....TlONS FUND 49,380,00
0'2-1172 PARK LAND DEDICATION FUND 15.00000 48.293,75
017-1138 95 BONDS-OIW....GE
017.1172 212,14341
DRAI....GE FUND OPERATING
027.11~ CCCPD" BONOS
025-1182 CEOC 17 BONDS
1.019,_.50
INVESTMEI'lT ALLOCATION AT 3-31-41 It.2n.210.1< 1'.092,093.n 11,101.1.81.85 11.019,_.50
S1.099,981.71 S1 ,300.875.00
VAlUE AT MATURITY I' .275.000.00 11.1 00,000.00 11,100.000.00
11.025,000.00 11,130,00000 11.300,00000
INTEREST RECEIVED AT MATURITY SlIll.833.32 124,750.00 101,300.00
135,024.25 130,010.29 SlI5,841.10
OIlTSTANDING INVESTMENTS AT ~3'.o1
INVESTMENT TREASURY FNMA FNMA FFCB FHUI FNMA
NOTE NOTE NOTE NOTE DiscouNT NOTE
DATE ACOUlRED 2e-/on-Ol Ol-Fob-OI IS-Fob-OI a..Feb..(U 01--1.4.,-41 , s.M_r.o1
MATURITY DATE 31-A~1 01-F0b-Q2 12-F0I>-03 21-F0I>-03 02-A~1 15-Aug.o2
28 WEEK T -BIll. AUCTION DlSCOUNTIWEEK OF PURCHAli 4.140% 4.140% 4.145% 4.485% 4.530% ."20%
YIELD TO MAT\JRnY 5.020% 4.155% 5.241% 5.358% 41_ '.78Ol\11t
ACCOUNT ALLOCATION OF INVESTMENT
001-1172 GENERAL FUND OPERATING 32ll5.21 1lMl.34e.55 301.151.28
OO2-11M UTIUTY DEBT SERVICE RESERVE 3._.15 213._.011 128.834.21
002-1188 88 REVENUE BONDS 5&I.03e 43
002-1172 UTIUTY FUND OPERATING 81,338.511 525,54348 308,_41 23.838.113
002-1114 WATER IMPACT FEE 181.118.13 28.IS38.21 418.883.84 372.518.15
002-1118 CUSTOMER DEPOSITS 8.818.15 23e.aaa 11
003-1113 SERVICE AREA I -IMP FEES 43e.l105.11 252,421.011 555.51821
003-1118 GLADE ROAD ESCROW 13e.1I5113
003-11 80 BEDFORD BRIDGE ESCROW 28.033.13
003-1182 PLEASANT RUN LAUREL OAKS
oo3-lllMl HIGHLAND MEADOWS III ESCROW
003-1181 HILl.S OF CENTRAL PK ESCROW
003-1182 MCDONWELI. WOODS EST ESCROW
003-1200 LONGWOOD-PARKING ESCROW 11.411.113
003-1203 SERVICE AREA II - IMP FEES
003-1204 BEDFORD LAKESlSOI.IERSET 1115.383.111
003-12011 PECAN PARK II DRAINAGE ESCROW 3,0113.82
003-1212 GLADE RDlPLEAS RUN CHURCH ESCROW 21.211.82
003-1218 BOGARTJHIDOEN OAKSISANllUN 232.1117.81
003-1211 QjURCH STREET CULVERT ESCROW 12.284.811
003-1228 PLEASANT RUN HARDAGE ESTATESIESC 31,8011.80
003-1228 GLADE RD SUMMERBROOK
003-1231 LAKEWOOD ESCROW 21.343.54
003-1235 E. GLADE CRANBROOK ESCROW 100.857.82
003-1231 E. GLADE ASHMORE I ESCROW 45,021.13
003-1238 GLADE POINTS LANDSCAPE ESCROW
003-1247 GLADElWAYSIDE ESCROW 3e.3511.87
003-1257 ASHMORE II A GLADE RD ESCROW 24,011).42
003-1253 ARBOR ESTATES III 41.431.51'
003-1268 M'LI. CREEK! GLADE ESCROW 28.1".22
003-121' ASHMORE III/ GLADE ESCROW
003-1278 GLADE RD/ASHMORE liB ESCROW 30.848.21
003-1281 CALDWEEL'S CK PH I ESCROW
003-1301 LAKEWOOD PH IV
003-1303 OAKBROOK HILl.S
003-1307 SPRING GARDEN
003.1312 TlMMARON PH 1
003-1313 APPLEBEE'S
003.1315 REMINGTON PARK
003-1323 SHAUMAR
003-1325 PECAN GARDENS
003-1328 WALGREENS
003-1330 REMINGTON PARK
003-1340 MONTERRA SIDEWALK
004-1112 DEBT SERVICE FUND
00>" 72 VOLUNTARY PARK FUND
006-1172 SESQUICENTENNIALM'EBB HOUSE FUND
011-1172 UBRARY DONATIONS FUND
012.1172 PARK LAND DEDICATION FUND 18.130.11
017-1138 Il5 BONOS-ORAINAGE
011.1172 DRAINAGE FUND OPERATING 15.8011.511
021.1184 CCCPD" BONDS 1.03~ ;'4.03
02S-1182 CEOC 87 BONDS
INVESTMENT ALLOCATION AT 3-31.0' 11.223.285.21 11.422.150.00 $I ,280.000.00 1.248.218.15 SI,303.551.1I1
11.228.828.10
VALUE AT MATURITY SI.220.ooo.00 11,400,000.00 11.280.000.00 1.215,000.00
11.330,000.00 11,210.000.00
INTEREST RECEIVED AT MATURITY 135,1118.41 SIII,1I10.00 1134,400.00 1133,181.25 $2S,342.13
$82,821.30
OUTSTANDING INVESTMENTS AT 3-31.01
'NVESTMENT FHLMC FNMA
DISCOUNT DISCOUNT
DATE ACQUIRED >>-MIIr~1 20-M.r..o1
MATURITY DATE >>Jul-Ol OI-Nov.(J1
2ll WEEK T-BILl. AUCT'ON D'SCOUNTIWEEK OF PURCHASE 4.220% 4.220%
YIELD TO MATURITY ._H,,,, 4.511%
ACCOUNT AL.I.OCA nON OF INVESTMENT
OOI.11n GENERAl. FUND OPERATING 2111.e3I54 290.381.44
oo2-11lMl UTIUTY DEBT SERVICE RESERVE
002-1188 81 REVENUE BONDS
002.1172 UTILITY FUND OPERATING 378.158.81 170,329.80
002.1174 WATER IMPACT FEE
002.1178 CUSTOMER DEPOSITS 31,115."
003-1173 SERVICE AREA I . IMP FEES
003-1178 GLAOE ROAD ESCROW
003-1180 BEDFORD BRIDGE ESCROW
003-1182 PlEASANT RUN LAUREL OMS
oo3-11lMl HIGHlAND MEADOWS III ESCROW
003-1111 HillS OF CENTRAl. PK ESCROW 122.lMe.70
003-1182 MCOONWELl WOODS EST ESCROW
003-1200 LONGWOOD-PARKING ESCROW
003-1203 SERVICE AREA II . IMP FEES
003.120. BEDFORO L.AKESlSOMERSET
003-1208 PECAN PARK II DRAINAGE ESCROW
003-1212 GlADE ROIP!..EAS RUN CHURCH ESCROW
003-12115 BOGARTIHIODEN OAKSlSANDl.'N
003-1217 CHURCH STREET CULVERT ESCROW
003-1228 P!..EASANT RUN HARDAGE EST A TESJESC
003-1221 GLAOE RO SUMMERBROOK 4U87.21
003-1231 LAKEWOOD ESCROW
003-1238 E. GLADE CRANBROOK ESCROW
003-1237 E GLAOE ASHMORE I ESCROW
003-1238 GLADE POINTS lANDSCAPE ESCROW 3.884.51
003-'247 GLADE/WAYSIDE ESCROW
003.1257 ASHMORE II A GlADE RD ESCROW
oo3-'2tl3 ARBOR ESTATES III
oo3-12tl8 MIll. CREEK! GlADE ESCROW
003-127' ASHMORE IIU GLAOE ESCROW
003-1278 GLADE RDIASHMORE liB ESCROW
003-1287 CALDWEEL'S CK PH I ESCROW 111.033.87
003-1301 L.AKEWOOO PH IV lMl.eD345
003-1303 OAKBROOK HillS 52.457.84
003-1307 SPRING GARDEN 171.e81.75
003-1312 TIMMARON PH 1
003-1313 APPLEBEE'S
OOJ..1319 REMINGTON PARK
00)..1323 SHALIMAR
003-1325 PECAN GARDENS
oo3-132tl WAl.GREENS
003-1330 REMINGTON PARK
003-1340 MONTERRA SIDEWAU<
004-1172 DEBT SERVICE FUND
OOS01172 VOLUNTARY PARK FUND 2ll3,lMe.18
006-" 72 SESQUICENTENNIAlIWEBB HOUSE FUND
011.'172 UBRARY DONAnONS FUND 24.220.42 1ll.037.10
012-1172 PARK lANO DEDICATION FUND 51,642.88 182,343.53
017-1138 85 BOND~INAGE
017-1172 DRAINAGE FUND OPERAnNG 111.851.81
027.1184 CCCPO "BONOS
02So1182 CEDe 17 BONDS
'NVESTMENT AllOCATION AT 3-31.01 $1.150.523.40 $1.282.838.50
VALUE AT MATURITY $1.170,000.00 $1,320,000.00
INTEREST RECEIVED AT MATURITY $18.418.80 $37.18350
LOCAL GOVERNMENT INVESTMENT
COOPERATIVE / "LOGIC.
ACCOUNT ALLOCATION AT MARCH 31,2001
ACCT' DESCRIPTION BALANCE
GENERAL FUND
1.1115 GENERAL OPERATING $26,245.44
1.1107 GENERAL CLASS B $95,996.31
UTILITY FUND
2.1115 UTILITY OPNS $958,061.50
2.1116 IMPACT FEES WATER $560.56
2.1130 INTEREST & SINKING FUND $632,344.52
2.11n 94 BONDS $241,545. n
2.1196 98 BONDS $920,926.87
CAPITAL PROJECTS FUND
3.1113 IMPACT FEES/SA I $23,176.61
3.1144 99 LIBRARY BONDS $530,004.86
DEBT SERVICE FUND
4.1115 DEBT SERVICE OPERATING $69,378.76
TIF FUND
17.1120 2001 DRAINAGE BONDS $1,621,848.93
TIF FUND
26.1119 2000 TIF BONDS $1,690,026.20
26.1120 2001 TIF BONDS $7,183,149.58
26.1130 INTEREST & SINKING FUND $39,838.63
CCCPD FUND
27.1130 INTEREST & SINKING FUND $39,960.82
27.1147 99 POLICE/COURT BLDG FUND $5.617.646.13
TOTAL LOGIC POOL BALANCE
$19.690.711.49
~__,~_ ___~.~ .',_____.__ > "'<....c-____-.,.-.... -,-----.. ,-,._--~ . -- ---
LOGIC INVESTMENT POOL ALLOCATION
AND GENERAL INFORMATION
,,~- ~ -:r" ....."-~,.'lI!!.:wF:".-.~~ ~..~~'"'-~~~-,:~~~,~r-
"... :. .....~. 10, .,..~~. ~.:7 ',. ~.:".;!-, ". . . ..~,..... ..f" "-.' ..'-~. . . .~ - - ..... '''rl',.-c..-,..,.,.. _.._'... ."
;.; -'The 'Newsletter jtii~~mbeiS~ of-L6~.a ..~~C?ve~D::!"~'!~~~.~:_~~'?P.~~t~!~.:
'~'-;a;. ';~'~~"'"Ynvestm~en~ tLOG I ( ~
Allocation Daily Daily lOGIC
Date Factor Rate Interest Balance W.A.M. N.A.V.
03/01/01
03/02/01
03/03/01
03/04/01
03/05/01
03/06/01
03/07/01
03/08/01
03/09/01
03/10/01
03/11/01
03/12/01
03/13/01
03/14/01
03/15/01
03/16/01
03/17/01
03/18/01
03/19/01
03/20/01
03/21/01
03/22/01
03/23/01
03/24/01
03/25/01
03/26/01
03/27/01
03/28/01
03/29/01
03/30/01
03/31/01
Tot./Avgs.
0.000156127
0.000155646
0.000155646
0.000155646
0.000155808
0.000156005
0.000155275
0.000154728
0.000154690
0.000154690
0.000154690
0.000155430
0.000154035
0.000153457
0.000153551
0.000152365
0.000152365
0.000152365
0.000152493
0.000149794
0.000147194
0.000147614
0.000147482
0.000147482
0.000147482
0.000147080
0.000147078
0.000146060
0.000145935
0.000148092
0.000148092
0.000151755
5.6986%
5.6811%
5.6811%
5.6811%
5.6870%
5.6942%
5.6675%
5.6476%
5.6462%
5.6462%
5.6462%
5.6732%
5.6223%
5.6012%
5.6046%
5.5613%
'5.5613%
5.5613%
5.5660%
5.4675%
5.3726%
5.3879%
5.3831%
5.3831%
5.3831%
5.3684%
5.3684%
5.3312%
5.3266%
5.4054%
5.4054 %
5.5391 %
177,935.59
177,402.62
177,402.62
177,402.62
176,407.28
170,613.82
170,188.96
171,002.90
169,481.03
169,481.03
169,481.03
169,922.36
168,207.09
167,330.19
168,483.49
166,665.51
166,665.51
166,665.51
166,018.08
163,286.10
160,042.49
160,427.23
160,187.61
160,187.61
160,187.61
152,051.09
153,721.06
152,162.87
149,696.37
149,493.58
149,493.58
5,117,694.44
1,139,687,788.67
1,139,779,595.37
1,139,779,595.37
1,139,779,595.37
1,132,210,556.71
1,093,640,725.53
1,096,046,316.17
1,105,180,433.75
1,095,619,697.57
1,095,619,697.57
1,095,619,697.57
1,093,239,297.79
1,092,007,388.05
1,090,403,061.92
1,097,245,651.53
1,093,856,143.08
1,093,856,143.08
1,093,856,143.08
1,088,695,320.48
1,090,070,133.17
1,087,290,216.27
1,086,802,020.09
1,086,147,913.11
1,086,147,913.11
1,086,147,913.11
1,033,798,938.03
1,045,164,405.27
1,041,782,546.82
1,025,770,862.33
1,009,465,041.23
1,009,465,041.23
1,087,231,477 .18
48.75
46.86
46.86
46.86
46.53
47.47
46.73
45.72
44.27
44.27
44.27
43.74
45.67
45.29
45.49
43.78
43.78
43.78
43.36
42.69
42.20
41.63
39.91
39.91
39.91
41.27
40.26
46.28
46.42
46.44
46.44
44.41
1.0007
1.0005
1.0005
1.0005
1.0006
1.0006
1.0007
1.0006
1.0005
1.0005
1.0005
1.0006
1 .0006
1.0006
1.0007
1.0005
1.0005
1.0005
1.0007
1.0008
1.0007
1.0007
1.0006
1.0006
1.0006
1.0007
1.0007
1.0007
1.0006
1 .0005
1.0005
1.0006
U.S. Agency Securities 357,054,267 357,547,084 1 0.00%
Commercial Paper 215,004,435 215,004,372 2 to 7 52.65%
Money Market Funds 144,243,136 144,243,136 8 to 30 9.93%
Repurchase Agreements 297,030,736 297,030,736 31 to 90 17.02%
Treasury Bills 0 0 91 to 180 13.26%
Treasury Notes 0 0 180 + 7.14%
Totals 1,013,332,574 1,013,825,328 Totals 100.00%
I Fee (variable) - 14 to 16 bps.1 Clients .,. 343
Cities 29.45% 29.33% 671 35.86%
Counties 10.50% 10.31% 497 26.56%
Higher Education 2.62% 1.30% 31 1.66%
School Districts 40.23% 47.88% 454 24.27%
Other 5.54% 2.58% 43 2.30%
Utility / Water Districts 11.66% 8.60% 175 9.35%
Totals 100.00% 100.00% 1871 100.00%
.~ __ .'~"'''''''''~1"-'. -..=- "
.p._~~~ ...:.~+~...:.~~......-
5.80%
5.70%
5.60% .
5.50%
5.40%
5.30%
5.20%
5.10%
3/1
3/5
-.~ - .-.....--. :-"."...- - .
LOGIC Monthly Rate for Mar~ 2001
3/9
3/13
3/21
3/25
GIC
3/29
Account Information: New Participants for March 2001:
Participants
Participant Avg. Balance
Participant Accounts
Avg. Accts. Per Participant
Avg. Acct. (1871) Balance
LOGIC Contacts:
Phil Hart
Patrick Shinkle
Buddy Tarpley
Veter Turner
Fax Machine
343
3,169.771
1871
5.5
581.096
(214) 859-6788
(214) 859-6784
(214) 859-6778
(214) 859-6786
(214) 859-6775
3/17
lndep. Auditor
Legal Counsel
Rating Agency
General Manager
Portfolio Manager
Custodian Bank
KPMG LP
Fulbright & Jaworski LLP
FITCH IBCA
Southwest Securities Group, Inc.
Patterson & Associates
CHASE Bank. Texas
Participants by Type
Utility / Water Districts
Other
School Districts
Higher Education
Counties
Cities
o
20
40
60
80
100
120
140
160
Historical Information as of the end of the month.
Date Avg. Yield Bk. Value Mkt. Value WAM NAV Clients
Mar-01
Feb-01
Jan-01
Dec-OO
Nav-OO
Oct-OO
Sep-OO
Aug-OO
Jul-OO
Jun-OO
May-OO
Apr-OO
Mar-OO
5.5391 %
5.9292%
6.2541%
6.5001 %
6.5168%
6.4960%
6.4828%
6.4710%
6.4577%
6.3571%
6.1259%
5.9345%
5.8413%
1,013,332,574
1,217.073,014
1,148.229.509
1.761,436,330
1,321.647,008
1.353.956.427
1.364,529.967
1,282.585.534
1.467.236.093
1.433,366,181
1.624.297,286
1,676,572,082
1.810.712.228
1,013.884,528
1.217.569,020
1.148.827.742
1,761.095.595
1,321.314,057
1,353,621,838
1.364.252,419
1,282,026,165
1.466.615.425
1,432,621.470
1,622.874,184
1,675.726,860
1.810,084.851
44.41
46.37
46.88
51.79
54.27
54.37
49.07
44.43
38.48
44.19
44.19
41.67
41.90
1.0006
1 .0006
1.0068
0.9999
0.9998
0.9999
0.9998
0.9998
0.9997
0.9997
0.9995
0.9997
0.9996
343
343
342
341
336
334
330
325
323
317
310
308
299
(800) 895-6442 Phone
(214) 859-6775 Fax
Planning and Zoning Commission
Minutes - April 9, 2001
Page 1 of 5 - Approved on April 9s 2001
The regular meeting of the Planning and Zoning Commission was called to order by Chairman
Hart at 7:00 P.M. on April 9, 2001.
Roll Call:
Present:
Tom Hart, Jo Ann Gasper, Luann Edwards, Joe Hocutt,
Mark Hollis, Jeffrey Wall
Bryan Hill
Clayton Husband, Jan Levy
Absent:
Staff:
Invocation:
Commissioner Gasper
Approval of Minutes:
March 26,2001
Commissioner Gasper moved to approve the minutes. Commissioner Hocutt seconded the
motion. The vote being:
Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hart
Noes: None
1. PUBLIC HEARING - A Zoning Change requested by Matt Torbit, Mady Development, L.P. from
AG (agricultural) to PUD-R (planned unit development-residential) on 8.44 acres located at
3308 - 3316 Glade Road. Z-01-008 - Strathmore Add'n
Clayton Husband presented the case to the Commission and reviewed the staff briefing.
Commissioner Hollis opened discussion on the open space design, the single entry and the
means of calculating the number of lots on a cul-de-sac.
Matt Torbit, applicant, was present to address the Commission. He spoke about landscaping
designs on Glade Road and for the open space. He said that there will be brick walls on Glade
Road.
Commissioner Gasper pointed out that the applicant's tax revenue information incorrectly states
18 homes rather than 14 homes.
Chairman Hart opened the public hearing. Those present wishing to speak:
Trudy Brukes, 3200 St. Albens Circle, stated that she and her husband are opposed to the
request.
Roberta Mason, 3304 Huntington Drive, said that the City has put in swales on both sides of her
lot. She said that the north side of the property needs to be open for drainage purposes.
Gary Cantrell, 3400 Glade Road, asked questions about the fencing requirements for each rear
lot. He said that he wants uniform fencing along the east side of the subdivision.
Matt Torbit, applicant, said that he is still working with a landscape architect to design perimeter
fence standards. He said that Mr. Cantrell currently has a tin panel fence along a section of the
Planning and Zoning Commission
Minutes - April 9, 2001
Page 2 of 5 - Approved on April 91 2001
eastern property line and he would want that removed. He said that he is not planning on putting
a wall along the northern side, but will do plantings.
Discussion by the Commission ensued about fencing.
Matt Torbit said that some of the requirements for the property he is developing to the east came
from people being able to see the sides of the property from Glade Road. He said that this is not
the case with this property and he will meet with Mr. Cantrell to come to an agreement about
fencing.
Commissioner Gasper asked questions about green space between the street and sidewalk.
Staff advised her that there will be 20' of green space and then a portion of that 20' will be taken
up by the sidewalk and trail.
Commissioner Gasper moved to suspend the rules to allow a previous speaker to speak
again. Commissioner Hollis seconded the motion. The vote being:
Ayes: Gasper, Edwards, Hocutt, Hollis, Wall, Hart
Noes: None
Gary Cantrell approached the Commission and asked them to state in their motion to approve the
fencing requirement that the fence is consistent fencing and the developer needs to include the
requirements in the deed restrictions.
Commissioner Hollis asked Mr. Cantrell if the fence could be built one lot at a time as the lots sell
and homes are constructed. Mr. Cantrell responded that would be all right as long as the fence
construction was consistent.
Commissioner Gasper asked Mr. Torbit if there will be a homeowners' association. He responded
that there will be and they will maintain the open space. He said that he will require the fencing
guidelines within the design standards. He said that there is currently a black chain link fence
along the western boundary and it was built by the property owner to the west. He said if the
potential owners of lots along the western boundary are happy with that fence, they should not
be required to build another kind of fence. He said that if a potential homeowner along the
western boundary wants to build another fence, it would have to be consistent with the subdivision
guidelines.
Commissioner Edwards said that an exhibit could be included in the zoning change ordinance that
specifies those guidelines.
Chairman Hart asked Mrs. Mason if she was satisfied with having no fence, only plantings, on the
northern boundary. She responded that she was satisfied.
Discussion ensued by the Commission regarding the legalities of not fencing an open water area
within a subdivision. Matt Torbit said that the Commission could possibly state in their motion that
he may have the right but not the requirement to put ornamental fencing around Lot 9. He said
that he has assured the homeowners in Fox Meadows that he would not fence the northern
Planning and Zoning Commission
Minutes - April 9, 2001
Page 3 of 5 - Approved on April 9~ 2001
boundary so that their views will not be blocked, but if he is legally required to due to liability
issues, he will. He also said that he was not opposed to the Commission requiring consistent
fencing for the subdivision.
Clayton Husband said that staff could write a clause in the ordinance that gives the developer the
right to build a fence subject to certain conditions, but not compel them to build a fence. He said
that if they wanted to build a fence it would have to meet certain criteria.
Commissioner Edwards asked if staff could also write a clause in the ordinance regarding
consistent fencing on the western side only if there is a problem with the existing fencing and it
is not required up front for the builder to place a fence along the western side. Clayton Husband
said that generally fences are not required and homeowners fence because of their desire to have
a fence. He said that staff could write a clause that says in the event the homeowner along the
western boundary of the subdivision wants to put up a fence, it has to be of a certain criteria. He
said that these regulations would not prohibit someone on the adjacent property to the west from
putting up a wood fence. He said that even if the homeowner in Strathmore constructs an
ornamental fence, it cannot control the property next door.
There being no one else present wishing to speak, the public hearing was closed.
Commissioner Gasper moved to recommend approval with the following additions:
1) if there is fencing along the eastern, northern, and western boarder of Lot 9, it shall be
an ornamental metal fence; and
2) the design standards or deed restrictions have a consistent standard for fencing along
the eastern and western boundary running north and south beginning at the southern side
of Lot 9 based upon the developer's design standards.
Commissioner Edwards seconded the motion.
Commissioner Hocutt said that he wanted it to be clear that the Commission wants the eastern
side to be built immediately once the lot has been sold and the builder starts to build. He said that
on the western side a fence will only need to be built once there is a need for a fence.
Commissioner Gasper said that she does not think that they need to put that specification into the
ordinance because if the design standards in the homeowners' architectural control rules specify
the standard for the fencing, it will be up to the homeowner or the developer to put in the fencing.
Commissioner Hocutt said that he was looking out for Mr. Cantrell, because it would be odd to
have fencing on three lots than two lots have no fencing at all. He said that as someone travels
down Glade Road it would be odd to have sporadic fencing. He said that the east side needs
fencing all the way down the property because it is such an open area.
Commissioner Hollis said that perhaps a friendly amendment was in order to require the east side
of the property to be built out.
Commissioner Gasper amended the motion to include another addition:
Planning and Zoning Commission
Minutes - April 9, 2001
Page 4 of 5 - Approved on April 9,. 2001
3) the fencing along the east side of the property beginning at Lot 9 to Glade Road shall be
constructed at the time that there is building on the lot.
Commissioner Edwards seconded the amendment to the original motion.
Commissioner Gasper asked staff if the ordinance that will go before City Council will be revised
to reflect their recommendation. Clayton Husband said that the ordinance in the Commission's
packet is a draft to indicate what the minimum standards for the development are at the time of
the developer's application. The standards are always subject to amendment until a final vote by
the Council is taken.
Commissioner Hollis asked if the fencing around Lot 9 is at the discretion of the builder or is it
required. Clayton Husband responded that a fence will be constructed along the eastern
boundary of Lot 9 and they have the ability to construct the fence along the other boundaries of
Lot 9. He said that it needs to meet the minimum design standards, doesn't block water, and is
consistent with the fencing along the eastern boundary. He said that the western side is
contingent upon the other fence being removed or if a homeowner decides to build another fence,
it needs to meet the same established standard. Commissioner Gasper stated that the design
standard except for Lot 9, will be left open so that the developer can determine what it will be as
long as it consistent. Lot 9 exclusively will be ornamental iron.
Commissioner Hocutt asked if the architectural standards for the fencing will be approved at the
same time that platting is approved in order for the developer to work out with his contractors what
that will be. Clayton Husband said that the standard will be written up prior to going before City
Council.
Chairman Hart called for the vote. The vote being:
Ayes: Gasper, Edwards, Hocutt, Hollis, Hart
Noes: Wall
2. Citizens' comments regarding items not on the agenda: There were none.
3. Staff comments, reports and discussion items: There were none.
4. Commissioners' comments and reports: There were none
ADJOURNMENT:
The Commission moved to adjourn the meeting at 7:50 p.m. The motion was seconded and
passed by acclamation.
Planning & Zoning Commission
Minutes - April 9, 2001
Page 5 of 5- Approved on April 23, 2001
Respectfully Submitted,
Approved on:
NOTE: As a matter of public record, an audio recording of the above Planning and Zoning
Commission meeting is available upon request.
RESOLUTION R-01-1793
A RESOLUTION APPROVING COUNCIL ACTION
UNDERBU~NESSATTHEREGULAR
COUNCIL MEETING OF
MAY 1, 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
AYES, NAYS, AND
DAY OF
ABSTENTIONS.
, 2001, BY A VOTE OF
ATTEST:
CITY OF COLLEYVILLE
, I
Cynthia Singleton, TRMC
City Secretary
Donna Arp
Mayor