Loading...
HomeMy WebLinkAboutCity Council-Agenda Packets-5/15/2001 city Of llC9 Texas AGENDA CITY COUNCIL MEETING 5400 BRANSFORD ROAD May 15, 2001 7:30 P.M. - CALL TO ORDER ROLL CALL INVOCATION: Sister Dorothy Eggering, Good Shepherd Catholic Community PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney 1. OATHS OF OFFICE 2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Arp will present plaques to Councilmembers Jody Short and Mike Taylor. Mayor Arp will present a Proclamation to Metropolitan United Way City of Colleyville Volunteer of the Year Judy Mannen. Mayor Arp will present a Proclamation to Garden Club President Barbara Nuss and incoming President Marietta Kane in recognition of National Garden Week, June 3-9, 2001. Mayor Arp will present a Proclamation to Chief John Young and Sergeant Bill Hudgins in recognition of National Police Week, May 13-19, 2001, and Police Memorial Day, May 15, 2001. Mayor Arp will present a Proclamation to Public Works Manager Randy Brown in recognition of National Public Works Week, May 20-26,2001. P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 5n-7575 CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-01-1795 Consent Items: a. Approval of minutes of the regular City Council meeting of May 1, 2001 b. Approval of minutes of a special called City Council meeting held May 8, 2001 c. Approval of setting a date for a public hearing concerning a request by G- CISD 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 a construction services contract with Kimley-Horn and Associates, Inc., for the Colleyville 2000 Water Line Improvements in the amount of $25,000 e. Approval of a testing services contract with Trinity Engineering/Kleinfelder, Inc., for the Colleyville 2000 Water Line Improvements in the amount of $22,200 PUBLIC HEARINGS: 4. SECOND READING AND PUBLIC HEARING - Ordinance 0-01-1277 - A Zoning Change requested by Matt Torbitt, Mady Development, L.P., from AG Agricultural to PUD-R on 8.44 acres located at 3308 - 3316 Glade Road, Strathmore Addition, Case Z-01-008 5. FIRST READING AND PUBLIC HEARING - Ordinance 0-01-1278 - A Zoning Change requested by Thomas Pritchett from AG Agricultural to R20 Single Family Residential on 2.015 acres located on the north side of Glade Road, east of Pool Road, Glade Road Estates, Z-01-009 STAFF REPORTS: 6. MONTHLY FINANCIAL REPORT REPORTS: 7. COLLEYVILLE HISTORICAL PRESERVATION COMMITTEE MINUTES - April 10,2001 8. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA ACTION/RESOLUTION: 9. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING COUNCIL AGENDA ACTION FOR THE MEETING OF May 1, 2001 - Reading and Public Hearing - Resolution R-01-1796 ADJOURNMENT: 10. ADJOURNMENT 11. RECEPTION FOR OUTGOINGIINCOMING COUNCILMEMBERS I certify the above agenda was posted on the bulletin board at City Hall on May 11, 2001, at 4:30 p.m. (~Y-, . ~. C;t~a Si~gleton, TRMC 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. ~~~ (1'~(5 CITY COUNCIL ~. TO,:. AGENDA BRIEFING For mtQ. : 05/15/01 CMO Approval: Item # : 1 Ordinance # : N/A Previous Action: None DEPT. : CITY COUNCIL SUBJECT: Administration of the Oath of Office to. Mayor Donna Arp, Place 1 Councilman Joe Hocutt and Place 2 Councilman Brad Rice City Secretary Cynthia Singleton will administer the Oath of Office to Mayor Donna Arp, Place 1 Councilman Joe Hocutt and Place 2 Councilman Brad Rice. }ioH>>l1 l:(~/~ CITY MANAG R DEPARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) In the name and by the authority of The State of Texas OATH OF OFFICE I, DONNA ARP, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Mayor, City of Colleyville, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Affiant SWORN TO and subscribed before me by affiant on this ,200_, day of Signature of Person Administering Oath (Seal) Printed Name Title In the name and by the authority of The State of Texas OATH OF OFFICE I, JOE HOCUTT, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Place 1 Councilman, City of Colleyville, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Affiant SWORN TO and subscribed before me by affiant on this ,200_. day of Signature of Person Administering Oath (Seal) Printed Name Title In the name and by the authority of The State of Texas OATH OF OFFICE I, BRAD RICE, do solemnly swear (or affirm) that I will faithfully execute the duties of the office of Place 2 Councilman, City of Colleyville, State of Texas, and will to the best of my ability preserve, protect, and defend the Constitution and laws of the United States and of this State, so help me God. Affiant SWORN TO and subscribed before me by affiant on this ,200_. day of Signature of Person Administering Oath (Seal) Printed Name Title ca~(5 CITY COUNCIL \ ~ AGENDA BRIEFING For mtg. : 05/15/01 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 plaques of service to Councilman Jody Short for his service as Place 1 Councilman 1999-2001 and to Councilman Mike Taylor who served as Place 2 Councilman 1999-2001. Each year the City of Colleyville participates in the Metropolitan United Way Volunteer of the Year program. This year's recipient of the Colleyville Volunteer of the Year is Judy Mannen, Mayor Arp will present Ms. Mannen with a proclamation recognizing her contributions to the City and the community. Colleyville Garden Club President Barbara Nuss and incoming President Marietta Kane will accept a proclamation from Mayor Arp recognizing the Garden Club's contributions to the beautification of the City and declaring National Garden Week as June 3-9, 2001 in the City of Colleyville. The Garden Club will celebrate with their annual "Garden Promenade" on June 3. (continued) Ua"r~ YI7~ ITY MANAGER DEPARTMENT HEAD FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Item 2 Page 2 The United States Congress designates one week in May to be dedicated as National Police Week to recognize the contributions of law enforcement in our communities and our country. Additionally, Congress proclaims that May 15th of each year be recognized as Police Memorial Day in observance and honor of Police Officers who sacrificed their lives in the line of duty. Mayor Arp will present Police Chief John Young and Sergeant Bill Hudgins with a proclamation recognizing May 13-19, 2001 as National Police Week and declare that all United States of America flags within the City of Colleyville, be flown at half-mast on May 15 in recognition of Police Memorial Day. Colleyville Public Works Manager Randy Brown will accept a proclamation from Mayor Arp in recognition of the many services provided by Public Works. National Public Works Week, May 20-26, 2001 seeks to educate the public regarding the water, wastewater, streets, drainage, and fleet maintenance programs that are a direct responsibility of the public works department. ~ . .......T-.""~~. to ~~f..;.~_ ~- ..-~_.-_'i:....~A._-'.':'--r:'~~.......:.:=.:.. - ,. --,~--~.- --,~~--' ~......~_.--- roclamation ~ ~ ~ ~ ~ N CITY OF Colleyville, Texas WHEREAS: our community prospers by every volunteer action. no matter how big or small; and WHEREAS, Judy Mannen has provided volunteer service to our community for many years; and ! .:\ ..... F .. t ~... f t' I , ~ to ~f~.~..',..,.,. .- .::\ -.~"~,;,,~,,, 7;",-'_'< ~. ~:. .. ...~-~...'1,' /::"1It ,.', ~'t~..l<.. ~r.'1- -."'~ ~f_ ...t;.~~.~~ ' :1 WHEREAS, Judy has given of her time and talents to the Colleyville Garden Club and numerous other worthwhile organizations; and WHEREAS, Judy Mannen has been nominated to be acknowledged and praised for her years of devoted volunteer service; and I ~~ t .~. t' . ~,c ~ WHEREAS, it is with pleasure and honor we recognize Judy Mannen as Colleyville's 2001 Volunteer of the Year through the United Way of Metropolitan Tarrant County Volunteer of the Year Program, NOW, THEREFORE, I DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the Colleyville City Council and the citizens of this city, do hereby recognize and express our appreciation to ~-~.~ ~F" f:- !;~ ~ ~ ~ Ii ~ ~ , .' L ,., JUDY MANNEN 2001 COLLEYVILLE VOLUNTEER OF THE YEAR IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, affixed this 15th day of May 2001. , ~. . t, ~~ 1.-..' i ~ *,v . ""' '. . ",.......... ..{Uo.. ~' f: ! r I: f' r ~..' ~~ ~ ~ ~ '" ~~~ ~,,~ .:~.. -..-;-......~- ~-'--""'-'~~~: ~~~:~~"_&_,~ ...-:.....:.....::.:-...;- '. ... . ,_...:........t.~__ - CITY OF Colleyville, Texas WHEREAS: the Colleyville Garden Club is celebrating its affiliation with Texas Garden Clubs, Incorporated and the National Council of the State Garden Club by participating in a garden tour, the "Garden Promenade" on June 3, 2001; and WHEREAS, the important benefits of gardening include providing a multitude of goods for our people and enable us to export to other countries which are in desperate need; and ~ I ~: .;, I.. H I..... ,. .~ WHEREAS, gardening instills a greater appreciation of our land, a greater respect for our environment and our natural resources, encourages our youth to develop this respect and provides a productive activity for a large number of people; and WHEREAS, gardening yields flowers, and flowers bring beauty into our lives. NOW, THEREFORE, I DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, do hereby proclaim June 3 - 9, 2001, as: NATIONAL GARDEN WEEK IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, affixed this 15th day of May 2001. \~..:.~~u.~-: 'l'~~:,~ ....;_ r ~. ~j ~." ~ ~:'~ -....... ...r" >-...~> .... '.~.. ~.. ". "'......,~ ..... 'r.~ ....~ "'f' . }.!.p;)!"'..r ...;;lf~-I.~I ~'.. . ~ ~ ~ - " :~ ~ t ~.. f ~~ N ~ , " . -~: b r " ~ -o.T '.:"'-.oo:.~ -:..s~<..;..t;:.:-=-~'""-' .....':;...~'i '.:~'il.~ i~~. .. ..... _.._ __.:.0.- ...~. ~ . J-"~~~_....__ __ _. . roclamation CITY OF Colleyville, Texas WHEREAS: the Congress of the United States of America has designated the week of May 13 to be dedicated as "NATIONAL POLICE WEEK", and May 15th of each year to be "POLICE MEMORIAL DAY"; and WHEREAS, the members of the Colleyville Police Department serve to safeguard the lives and property of the citizens of Colleyville with valor and dedication; and WHEREAS, May 15th is National Police Officer Memorial Day, the City of Colleyville will honor those Police Officers who sacrificed their lives in the line of duty and flags will be flown at half staff on all City installations on that day. ~" P.:- f~,'.. i p-.; [ ~ p;.. t, ' NOW, THEREFORE, I DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, on behalf of the City Council, do hereby proclaim the week of May 13 through 19,2001. as: POLICE WEEK f, ~ ~, ~~ ~; in Colleyville and call upon all our citizens to especially honor and show our sincere appreciation for the police officers of this City, by deed, remark and attitude. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville. affixed this 15th day of May 2001. b ~ ~; t-- .,.', r;' ;: t ~ ~~ :i .~j ~,; ; ~ , ....,............ - -.....~ j :'-: :t ~. r- .,"~ r I- i r- . ! r " ~ ~, t.' .' t"' t'.' 'l/ . , .,~--'.."'!.- ~.- .';'t-. _~u..f..-__ ,'.... ~:-~~"!?F..~~. ...-.,;. -.......;. '.:._<N;.~.;~"r-. ..."~~;...~,,;"""Yr\!":.,...~.'..~--:-"'(....;.~~.l~ ~.?;f:R~.:~~~~..< " r' L i - ..' ~ ( k ~ I i!i..-," ~~, i;-", c. ~~ ~ I I , r',~",,~- '"";.~':" #r.&..~;"" ~ ~'~<-54. -~'-;'''-~ .>- ~.~ ~ " ,'-.. .L..',~~~,-:-.. ~-~. ,~-,--,-;';..~~~-.........~_. ---- Ji'.~"-~' roclamation CITY OF Colleyville, Texas WHEREAS: Public Works services provided in the City of Colleyville are an integral part of our citizens everyday lives; and WHEREAS, the support and understanding of an informed citizenry is vital to the efficient operation of public works systems and programs such as water, wastewater, streets. drainage and fleet maintenance; and WHEREAS, the health. safety and comfort of the City of Colleyville greatly depends on these facilities and services; and WHEREAS, the quality and effectiveness of these facilities, as well as their planning, design and construction are vitally dependent upon the efforts and skills of public works officials; and WHEREAS, the efficiency of the qualified and dedicated personnel who staff the Public Works Department of the City of COlleyville is materially influenced by the peoples attitude and understanding of the importance of the work they perform. NOW, THEREFORE, I DONNA ARP, MAYOR OF THE CITY OF COLLEYVILLE, TEXAS, do hereby proclaim the week of May 20 - 26, 2001, as: NATIONAL PUBLIC WORKS WEEK in the City of Colleyville, and call upon citizens and civic organizations to acquaint themselves with the issues involved in providing our public works and to recognize the contributions which public works officials make every day to our health, safety, comfort and quality of life. IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, affixed this 15th day of May 2001. ..... 0..', ,j... .';> ~-~~. -~.~." .' ......., ~ -:,....' ~ ..- ~> .....".. ~ ,:_' :;~ -~""':.~i\;r. . ..- .~ ~ , .;'<;~ ~. " ......1 ,f~ ' f' f f r- ~~' r r~ ~~:',,": '.:.~ '.' ~~;~,.:.... RESOLUTION R-01-1795 A RESOLUTION APPROVING COUNCIL ACTION UNDER CONSENT ITEMS AT THE REGULAR COUNCIL MEETING OF MAY 15, 2001 WHEREAS, Council has taken action on certain items on the agenda under Consent Items. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1: THAT the agenda decisions approved by Council action under Consent Items as follows are hereby adopted: a, THAT the minutes of the regular City Council meeting of May 1,2001 are hereby approved. b. THAT the minutes of the special called City Council meeting of May 8, 2001 are hereby approved, c. THAT the setting of 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 a construction services contract with Kimley-Horn and Associates, Inc., for the Colleyville 2000 Water Line Improvements in the amount of $25,000 is hereby approved. e. THAT a testing services contract with Trinity Engineering/Kleinfelder, Inc., for the Colleyville 2000 Water Line Improvements in the amount of $22,200 is hereby approved, AND IT IS SO RESOLVED. Passed by a vote of ayes, of , 2001, ATTEST: Cynthia Singleton, TRMC City Secretary Resolution R-O 1-1795 Page 2 of 2 nays, and abstentions on the day CITY OF COLLEYVILLE Donna Arp Mayor MINUTES OF THE COLLEYVILLE CITY COUNCIL MEETING May 1, 2001 '.." The regular meeting of the Colleyville City Council was called to order by Mayor Donna Arp on May 1, 2001, at 6:46 p.m. ROLL CALL: Councilpersons Jody Short, Mike Taylor, Dana Feldman, Dennis Marlin, and Mayor Pro Tem Ginny Tigue were present. Mayor Donna Arp, Interim City Manager Dianne McWethy, Project Manager Chris Steubing, 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, Executive Secretary Diane Rasor and City Secretary Cynthia Singleton were also present. Mayor Arp explained that the Executive Session had been called in accordance with Texas Government Code Chapter 551, Subchapter 0, Section 551.071 - Consultation with Attorney, Section 551.072 - Property Acquisition, and Section 551.074 - Personnel. She further explained that there would be no decisions made or action taken during this time. The meeting was recessed at 6:48 p,m., and reconvened at 7:30 p,m. The invocation was given by Reverend Koch of First United Methodist Church, after which Ross Foster led the Pledge of Allegiance, 1. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND ANNOUNCEMENTS, PROCLAMATIONS, OR PRESENTATIONS Mayor Arp presented Proclamations to the City of Colleyville faith-based leaders. Mayor Arp invited all Colleyville citizens to participate in the National Day of Prayer on May 3, at 7:30 p.m" at the Colleyville Community Center, CITY COUNCIL MEETING MAY 1,2001 Mayor Arp presented a Proclamation to Fire Chief Mike Johnston recognizing Mayas Trauma Awareness Month and May 20-26, 2001, as Emergency Medical Services Week. CONSENT: 3. READING AND PUBLIC HEARING - Resolution R-01-1791 Consent Items: a. Approval of minutes of the regular City Council meeting of April 17, 2001 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-O 1-007 Mayor Arp opened the public hearing and read Resolution R-01-1791 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Mayor Pro Tem Tigue moved to approved Resolution R-01-1791. Councilman Marlin seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. CITY COUNCIL MEETING MAY 1,2001 PUBLIC HEARINGS: 4. SECOND 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, Danny Smith 8050 Airport Road, Georgetown, Texas, representing the applicant, spoke regarding landscaping and parking and answered questions of the Council. Councilman Short moved to approve Ordinance 0-01-1276, Councilman Marlin seconded the motion, Ayes: Councilpersons Short, Taylor, Feldman, Marlin and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. 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 Mayor Arp opened the public hearing and read the caption of Ordinance 0-01-1277, Mr, Gary Cantrell, 3400 Glade Road, spoke in favor of the proposed Ordinance. There being no others present wishing to speak concerning this item, Mayor Arp closed the public hearing, 6. 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 Mayor Arp opened the public hearing and read Resolution R-01-1792 in its entirety. There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. CITY COUNCIL MEETING MAY 1,2001 Mayor Pro Tem Tigue moved to approve Resolution R-01-1792, Councilman Short seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman, Marlin and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the motion carried. STAFF REPORTS: 7 . QUARTERLY INVESTMENT REPORT There was no action taken on this item. REPORTS: 8. PLANNING AND ZONING COMMISSION MINUTES - April 9, 2001 There was no action taken on this item. 9. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE AGENDA Mr, Rich Munson, 1905 Hall-Johnson Road, addressed the Council. ACTION/RESOLUTION: 9. 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 This Resolution was not needed. ADJOURNMENT: 10. ADJOURNMENT There being no further business before the City Council, Councilman Feldman moved to adjourn. Councilman Marlin seconded the motion, CITY COUNCIL MEETING MAY 1,2001 Ayes: Councilpersons Short, Taylor, Feldman, Marlin, and Mayor Pro Tem Tigue Nays: None Mayor Arp declared the meeting adjourned at 8:00 p.m. APPROVED THIS AYES, DAY OF , 2001, BY A VOTE OF , AND ABSTENTIONS. Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary MINUTES OF A SPECIAL CALLED CITY COUNCIL MEETING MAY 8, 2001 The special called meeting of the Colleyville City Council was called to order by Mayor Donna Arp at 6:40 p.m" on May 8,2001. ROLL CALL: Councilpersons Jody Short, Mike Taylor, Dana Feldman, and Dennis Marlin, Mayor Donna Arp, Interim City Manager Dianne McWethy, and City Secretary Cynthia Singleton were also present. Mayor Pro Tem Ginny Tigue was absent. READING AND PUBLIC HEARING - Resolution R-01-1794 - Canvassing the General Election held May 5,2001 Mayor Arp opened the public hearing and read Resolution R-01-1794 in its entirety, There was no one present wishing to speak concerning this item and Mayor Arp closed the public hearing. Councilman Taylor moved to approve Resolution R-01-1794. Councilman Feldman seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman and Marlin Nays: None Mayor Arp declared the motion carried. ADJOURN There being no further business before the City Council, Councilman Feldman moved to adjourn. Councilman Marlin seconded the motion. Ayes: Councilpersons Short, Taylor, Feldman and Marlin Nays: None CITY COUNCIL MINUTES MAY 8,2001 Mayor Arp declared the meeting adjourned at 6:45 p.m, DAY OF AND , 2001, BY A VOTE OF ABSTENTIONS, APPROVED THIS AYES, NAYS, Minutes taken and prepared by: Cynthia Singleton, TRMC City Secretary cc~co CITY COUNCIL T,-xO. AGENDA BRIEFING For mta. : 05/15/01 CMO Approval: Item # : 3c Resolution # : R-01-1795 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-01-1795 will set the date of June 5, 2001, as the public hearing date to consider this request. Recommendation Approval -d4=Etn~ ~~ D AR ENT HEAD (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-O 1-1795 Page 2 TO THE CfTY SECRETARY, CrTY OF COUEYVlLlE, TX: APPLICATION FOR PERMrr TO MOVE A BUILDING OR STRUCTURE INTO THE CfTY 1. NAME: Grapevile-Colleyvllle Independent School District ADDRESS: 3051 Ira E, Woods, Grapevine. Texas 76051 PHONE NO: 817-251-5610 (Valerie See - Operational Services) 2. Whether the buldlng or ....... Is: (8) To be moved Into 1he corporate limits of Colleyville from outside Its corpol1lte limits , or (b) To be moved from one location wllhln the corporate limits of Colleyvllle to another location within Its corporate 1ImIt8, Anawer: B Coming from Colleyvllle Middle School - 1100 Bogart Street 3. DHcrIptton and .. of the houM, buldlng or structu,. to be rnovN (together wtth a pIature thereof): One portable bulldi1g 24 ft, by 60 ft. 4. LepI de8Cl'lptlon of the lot and the 1ooIII1ldch.. upon which the hou... buldlng or Ructure .. to be moved or relocatM on If a permit .. gnnted by the City Councl: Colleyvllle Elementary School 5800 Colleyvllle Boulevard Looney, Nancy B Survey A 837 TR 1 K 5. A drawing or plot plan ahowlng the dlmenalona of the lot or tract of land upon which the houM, buldlng or etruobn la to be moved or ....ocatM. and the IoCIItIon of the .xIetIng buldlng8 or 8trucb.ne upon the lot, If any. together with the location of exlatlng bullclnp or atructI.na upon adJoining Iota. See Allached Site Plan - Exhibit "A" NOTE: My of1he above Information may be furnished by exhibits attached hereto, and marked exhibit "A", "B", .C., ete, I am ellher the owner or authorized to pay 1he required for $15.00) and make 1h1s appDcation on behalf of 1he owner of the property sought to be moved, Date of Alling: 4/10/01 't'It'1 I -~ I II r--- -- - -- - -- - --- --- - -- - - ------, i Exhibit " A" : I I i : I I i : I I j : , i' i : I 0 cu I I I ! 0 0 · i .,' D -' : ~ I . ..-: , I I I J I , I I I I I I I I I I I. I , I . I I I , I I I I , I ',J ~I IIIEB ; ~I '""" CCl..1..!'M..U! ELs.lEHI'ARY -- .... TPM. ~ 1S..:JIt ~ :::...-=-~~-==-.:... Ge"" CAl'ItlL DlItIIClYtlItHf 'IlOJEcr L:. ~ ~ J fJ . ~ i ~ CD~.~ CITY COUNCIL ~\ k I AGENDA BRIEFING For mtg. : 05/15/01 CMO Approval: Item#: 3d Resolution # : R-01-1795 Previous Action: None DEPT. : ENGINEERING SUBJECT: Approval of a construction services contract with Kimley-Horn and Associates, Inc" for the Colleyville 2000 Water Line Improvements in the amount of $25,000 - by Consent Reading and Public Hearing In May 2000, Kimley-Horn and Associates, Inc. were selected to design the Colleyville 2000 Water Line Improvements. During the design phase of this project Kimley-Horn and city staff discussed alternate construction processes necessary to reduce the amount of disturbance and nuisances to the Colleyville residents. The selected construction method is to use directional boring with high density polyethylene water pipe. Due to the current advances with this product, staff requested the professional services of Kimley-Horn to assist in the construction inspections. Their services will include site visits and observation to assure the product installation is being carried out correctly and within the parameters set forth by the construction documents and the American Water Works Association. ( continued) xg~1 <muJ~ CITY MANAGER -,JIb ~ DEPA MENT D CIAL REVIEW (IF NECESSARY) Agenda Briefing Resolution R-01-1795 Page 2 Financial Impact Funding is available through the 1998 water and sewer revenue bonds and water impact fees, Recommendation Approval Attachments . Kimley-Horn construction services contract May 8, 2001 Via Mail and Facsimile #(817) 577-7562 Mr. Chris Steubing City of Colleyville 5400 Bransford Road P.O, Box 185 Colleyville, TX 76034 Re: Construction Phase Services 2000 Water Line Improvements Dear Chris: Please find attached Individual Project Order (IPO) No.4 for the referenced project. This IPO is in accordance with the Standard Master Agreement dated February 21, 2000. Per your request, this IPO was prepared with the understanding that KHA would be making several site visits each week during construction. KHA will perform Construction Phase Services for a fee not to exceed $25,000.00 based on the attached rate schedule without prior permission from the City of Colleyville. Please sign both copies of the Revised IPO No.4, keeping one copy for your records and returning one copy to our office. We look forward to working with you and making this a successful project. Please call if you have any questions. Very truly yours, KIMLEY -HORN AND ASSOCIATES, INC. Charles M. Staples, P.E. Senior Vice President Jeff James. P.E. Project Manager RJJ :lkl Attachment \P: \000008, 024\Cdleyvi1lellPO's\IP04 _ c:c:a,doc: INDIVIDUAL PROJECT ORDER NUMBER 4 Describing a specific agreement between the City of Colleyville, Texas (the Client) and Kimley-Hom and Associates, Inc. (the Consultant) in accordance with the terms of the Master Agreement for Continuing Professional Services dated February 21, 2000. IDENTIFICA TION OF PROJECT: Colleyville Water Line Improvements 2000 Construction Phase Services SPECIFIC SCOPE OF CONSTRUCTION PHASE SERVICES Basic Services KHA will provide professional construction phase services for the project for the purpose of providing assistance to the City of Colleyville during construction. Specific tasks that will be accomplished during this phase include the following: 1, Pre-Construction Conference. Attend a Pre-Construction Conference prior to commencement of Work at the Site. 2. Visits to Site and Observation of Construction. Provide on-site construction observation services during the construction phase of the subject project. Observations will vary depending on the type of work being performed by the contractors, the location, and the contractors' schedules. Make visits to the Site at intervals as directed by Client in order to observe the progress of the Work. Such visits and observations by KHA are not intended to be exhaustive or to extend to every aspect of Contractor's work in progress. Observations are to be limited to spot checking, selective measurement, and similar methods of general observation of the Work based on KHA's exercise of professional judgment. Based on information obtained during such visits and such observations, KHA will determine if Contractor's work is generally proceeding in accordance with the Contract Documents, and KHA shall keep Client informed of the general progress of the Work. The purpose of KHA's visits to the site will be to enable KHA to better carry out the duties and responsibilities assigned in this Agreement to KHA during the construction phase by Client, and, in addition, by the exercise of KHA's effons, to provide Client a greater degree of confidence that the completed Work will conform in general to the Contract Documents and that the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents has been implemented and preserved by Contractor. KHA shall not, during such visits or as a result of such observations of Contractor's work in progress, supervise, direct, or have control over Contractor's work, nor shall KHA have authority over or responsibility for the means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction selected by Contractor, for safety precautions and programs incident to Contractor's work, nor for any failure of Contractor to comply with laws and regulations applicable to Contractor's furnishing and performing the Work. Accordingly, KHA neither guarantees the performance of any Contractor nor assumes responsibility for any Contractor's failure to furnish and perform its work in accordance with the Contract Documents. 3. Recommendations with Respect to Defective Work. Recommend to Client that Contractor's work be disapproved and rejected while it is in progress if, on the basis of such observations, KHA believes that such work will not produce a completed Project that conforms generally to Contract Documents or that it will prejudice the integrity of the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. 4. Clarifications and Interpretations, Issue necessary clarifications and interpretations of the Contract Documents to Client as appropriate to the orderly completion of Contractor's work. Such clarifications and interpretations will be consistent with the intent of the Contract Documents. Field Orders authorizing variations from the requirements of the Contract Documents will be made by Oient. 5. Shop Drawings and Samples. Review and approve or take other appropriate action in respect to Shop Drawings and Samples and other data which Contractor is required to submit, but only for conformance with the information given in the Contract Documents and compatibility with the design concept of the completed Project as a functioning whole as indicated in the Contract Documents. Such review and approvals or other action will not extend to means, methods, techniques, equipment choice and usage, sequences, schedules, or procedures of construction or to related safety precautions and programs. 6. Substitutes and "or-equal." Evaluate and determine the acceptability of substitute or "or-equal" materials and equipment proposed by Contractor in accordance with the Contract Documents, but subject to the provisions of applicable standards of state or local government entities. 7. Inspections and Tests. Require such special inspections or tests of Contractor's work as KHA deems appropriate, and receive and review cenificates of inspections within KHA's area of responsibility or of tests and approvals required by laws and regulations or the Contract Documents. KHA's review of such cenificates will be for the purpose of determining that the results cenified indicate compliance with the Contract Documents and will not constitute an independent evaluation that the content or procedures of such inspections, tests, or approvals comply with the requirements of the Contract Documents. KHA shall be entitled to rely on the results of such tests and the facts being certified. 8. Disagreements between Client and Contractor. As necessary, render written decision on all claims of Client and Contractor relating to the acceptability of Contractor's work or the interpretation of the requirements of the Contract Documents pertaining to the progress of Contractor's work. In rendering such decisions, KHA shall be fair and not show paniality to Client or Contractor and shall not be liable in connection with any decision rendered in good faith in such capacity. 9. Limitation of Responsibilities. KHA shall not be responsible for the acts or omissions of any Contractor, or of any of their subcontractors, suppliers, or of any other individual or entity performing or furnishing the Work. KHA shall not have the authority or responsibility to stop the work of any Contractor. Additional Services: Any services which are requested by the Client but which are not explicitly included in the Scope of Services will be provided by KHA upon written authorization by the City. Schedule: KHA will provide our services as expeditiously as practicable to meet the mutually agreed upon schedule. Method of Compensation: KHA will perform the scope of services based upon the attached rate schedule until the project is substantially complete per the contract documents or a total fee of $25,000.00 is reached, whichever occurs first. ACCEPTED: CITY OF COLLEYVILLE, TEXAS KIMLEY-HORN AND ASSOCIATES, INC. BY: BY: Charles M. Staples, P.E. TITLE: TITLE: Senior Vice President DATE DATE: \\P:\OOOOO8,024\Colleyvi1le\IPO's\JP04 _ cca,doc Ci.I~. Of CD~n(5 CITY COUNCIL ~ AGENDA BRIEFING For mta. : 05/15/01 CMO Approval: Item#: 3e Resolution # : R-01-1795 Previous Action: None DEPT. : ENGINEERING SUBJECT: Approval of a testing services contract with Trinity Engineering/Kleinfelder, Inc., for the Colleyville 2000 Water Line Improvements in the amount of $22,200 - by Consent Reading and Public Hearing On May 1, 2001, the Council approved the construction contract with S.L. Sibert Company, Inc., for the construction of the Colleyville 2000 Water Line Improvements, These improvements will include two-inch water line replacements at the Plymouth Hills Estates Subdivision, and along Beverly Drive from Bransford Road to Pleasant Run Road. Additional six-inch waterline replacements at the Laurel Oaks Subdivision, Leta Lane, and along L.O, Lockett, between Lowrie Road and Quail's Path, Construction materials testing is necessary to assure quality control and provide the City with the proper knowledge and information to accept the work performed, The scope of the testing includes earthwork test (moisture/density relations, moisture/density testing), cast-in-place concrete test (slump test temperature, cylinder break test), (continued) 'd~~ CITY MANAGER ) 0Jj (~il DEPARTMENT HEAD F CI L REVIEW (IF NECESSARY) Agenda Briefing Resolution R-01-1795 Page 2 Financial Imoact Funding is available through the 1998 water and sewer revenue bonds and water impact fees. Recommendation Approval Attachments · Trinity Engineering/Kleinfelder, Inc, testing services contract . TRINITY ENGINEERING/KlEINFELDER -\{1 ertJpio\ f'f- U\\ nerll DnlVdn-, May 7, 2001 Proposal69)1pMl43 Mr. Chris Stuebing, E.LT. City of Colleyville 5400 Bransford Road Colleyville, Texas 76034 Subject: Construction Materials Testing Services 2000 Water Line Improvements Colleyville, Texas Dear Mr, Stuebing: As you requested, Trinity EngineeringIKleinfelder is pleased to submit this proposal for construction materials testing for the above referenced project. PROJECT INFORMATION Based on our conversations and review of the project plans and specifications, we understand that the project will consist of materials testing for horizontal directional drilling pits (assuming 5' deep), open cut areas and concrete repair areas. SCOPE OF SERVICES Our scope of services is based on our understanding of our conversations and the project plans, The proposed scope of services includes the following: Earthwork Laboratory moisture/density relations, plasticity index and percent finer than 200 sieve testing on each type of backfill material; On-site moisture/density testing of the same at the rate of l/lift for the drilling pits and 1/150 linear feet for the open cut areas. 69YPMI43 f692IP143 Copyright 2001 Kleinfelder, Inc, Page I of2 May 7, 2001 6800 Manhattan Boulevard, Suite 200 . Fort Worth, Texas 76120 ' (817) 429-6692 metro. (817) 446-3401 ' (817i 429-786Y fax Cast-In-Place Concrete On-site testing to include slump, temperature, entrained air content and the molding of cylinders; laboratory curing and testing of the same at the frequency of 4/1 00 cubic yards or fraction thereo f per day, COMPENSATION While testing is dependent on the construction sequence, weather conditions, and the actual testing performed, we suggest a budget of $22,200. This budget includes estimated totals of $20,752 for earthwork, $848 for concrete, and $600 for project management. The invoicing for this project will use the attached Fee Schedule and the actual quantity of work performed, This amount will not be exceeded without prior approval. Calc Construction and Trinity may subsequently agree in writing to provide for additional services to be rendered under this agreement for additional, negotiated compensation. Services provided by Trinity will be consistent with the engineering standards prevailing at the time and in the area that the work is performed; no other warranty, express or implied, is intended. * * * Please indicate your approval of the proposal by signing the attached Professional Services Agreement. After you have signed one original, please return the entire document and retain the other original for your records, Any modifications of the attached language must be accepted by both parties. Please call if you have questions. We appreciate the opportunity to provide you with this proposal. If you have any questions or wish to discuss any aspect of our proposal, please call us. Following your authorization, we are ready to begin work and look forward to providing you with our services. Sincerely, TRINITY ENGINEERINGIKLEINFELDER ~l~.~ Kim L. Macy-Miller Project/Development Manager Attachments: Fee Schedule Professional Services Agreement 69YPMl43 /6921PI43 Copyright 2001 Kleinfelder, Inc, Page 2 of2 May 7,2001 6800 Manhattan Boulevard, Suite 200, Fort Worth, TX 76120 ' (817) 429-6692 (Metro) . (817) 446-3401 . (817) 429-7869 iax CONSTRUCTION MATERIALS TESTING 2000 WATER LINE IMPROVEMENTS COLLEYVILLE, TEXAS SERVICES UNIT PRICE Earthwork Services Moisture/Density Relations (ASTM D698) $ 135.00 Each Liquid & Plastic Limits 45.00 Each Percent Finer than #200 Sieve 25.00 Each In-Place Moisture/Density Testing (Min. 3/trip) 17,00 Each Cast-In-Place Concrete Services Concrete Test Cylinders (4/set) 13.00 Each Cylinder Pickup, per trip 30.00 Trip Personnel and V ehicle Services Engineering Technician (Min. 2 hours) 35.00 Hour Project Manager (Min. 2 hours) 75.00 Hour Project Engineer (Min, 2 hours) 100.00 Hour Vehicle Charge 30,00 Trip Personnel and vehicle charges will be in addition to all field sampling, testing, and/or observations, Fees listed above for field tests include the equipment necessary to accomplish the task. Fees not listed above are available upon request. 69YPM 143 / 6921 P 143 fees Copyright 2001 Kleinfelder, Inc, Trinity Engineering/Kleinfelder PROFESSIONAL SERVICES AGREEMENT This Professional Services Agreement ("Agreement") is entered into between City of Colleyville ("Client") and Trinity Engineering/KIeinfelder ("Consultant"): Trinity Engineering/KIeinfelder ("Consultant") 6800 Manhattan Blvd" Suite 200 Fort Worth, Texas 76120 City of Colleyville ("Client") 5400 Bransford Road Colleyville, Texas 76034 Client engages Consultant to provide professional services ("Services") in connection with the following project ("Project"): 2000 Water Line Improvements - Colleyville, Texas SCOPE OF SERVICES. Consultant shall perform the following Services: Geotechnical engineering services as described in Consultant's Proposal 69YPM140, dated May 7, 2001. Client agrees that services not specifically described above are not included in the Scope of Services provided by Consultant. Services provided under this Agreement, including all reports, information, recommendations, or opinions prepared or issued by Consultant, are for the exclusive use and benefit of Client in connection with the project, are not intended to inform, guide or otherwise influence any other entities or persons with respect to any particular business transactions, and should not be relied upon by any entities or persons other than Client for any purpose. Client will not distribute or convey such reports, information, recommendations, or opinions to any other persons or entities without Consultant's prior written consent. COMPENSATION. Client shall compensate Consultant as follows: Estimated budget of $22,200, as described in Consultant's Proposal 69YPM140, dated May 7, 2001, The rates charged for services rendered under this contract are applicable through the completion of this assignment or as otherwise agreed to by terms of our work scope proposal agreement. GENERAL CONDITIONS AND ADDENDA, Note: The General Conditions attached hereto to this Professional Services Agreement contain Limitations of Liability provisions and other important provisions affecting the legal rights and obligations of the parties. Client and Consultant have each read, understand and agree to the General Conditions and any Addenda attached to this Agreement, and agree that the General Conditions and Addenda are incorporated into this Agreement by reference. Neither Client nor Consultant shall assign its interest in this Agreement without the prior written consent of the other. City of Colleyville Trinity Engineering/KIeinfelder By: By. ~l ~mDO,^ 1#'-rrwJ5 Title: Senior Geotechnical Engineer Title: Date: Date: May 7, 2001 69-YPM140 I 6921P143 agmmt Copyright 2001, Trinity EngineeringlKleinfelder GENERAL CONDITIONS (PROFESSIONAL SERVICES) 1, Client shall pay invoices upon receipt. Invoices not paid within thirty (30) days of the invoice date shall be subject to a I~te payment charge of 1-1/2 percent per month (or the maximum rate allowable by law, whichever is less), Invoice amounts shall be presumed to be correct unless Client notifies Consultant In wntlng wIthin fourteen (14) days of receipt Client agrees to pay all costs incurred with collection of past due accounts, including attomeys' fees, If Client fails to pay an invoice when due, Consultant may upon five (5) calendar days notice to client, suspend all Services until paid in full, and may terminate the Agreement. 2 The Client agrees that any and all limitations of the Consultant's liability and indemnifications by the Clie~t to the Consultant shall include and extend to those indiViduals and entities the Consultant retains for performance of the services under this Agreement, including but not limIted to the Consultant's officers, partners and employees and their heirs and assigns, as well as the Consultant's subconsultants and their officers, employees, heirs and assigns. 3, Consultant shall perform the services in a manner consistent with the standard of care and skill ordinarily exercised by members of the profession practicing in the same or SImilar locality under similar circumstances at the time the services are performed, This Agreement creates no warranty or guarantee, express or Implied, nor does It create a fiduciary responsibility to Client by Consultant. 4, Consultant's construction observation Services, if any, shall be limited to observation of construction operations to provide Client with an understanding of the general nature, progress and quality of the work, Unless otherwise agreed in writing, Consultant shall not be responsible for continuous or exhaustive inspection of the work, In no event shall Consultant be responsible for the means and methods of construction or for the safety procedures employed by Client's contractor. Client shall hold its contractor solely responsible for the quality and completion of the Project, including but not limited to its construction in accordance with the construction documents, 5 ' Consultant shall sign certifications only if Consultant approves the form of such certification prior to the commencement of Services, such certification is included In Consultant's scope of services, and provided such certification is limited to a statement of professional opinion and does not constitute a warranty or guarantee, express or Implied, 6, Client shall notify Consultant at least twenty-four (24) hours in advance of any necessary tests and observations, If Client assigns this responsibility to a contractor, subcontractor, or other third party, or if Client fails to provide the proper notice, Consultant shall not be responsible for any damages resulting from improper notice 7, All samples shall remain the property of the Client, and Client shall prompUy at its cost remove and lawfully dispose of samples, cuttings and hazardous materials, unless otherwise agreed in writing, If appropriate, Consultant shall preserve samples obtained for the Project for not longer than thirty (30) days after the issuance of any document that includes the data obtained from those samples, 8, Client shall bear sole responsibility for notifying all prospective purchasers or other appropriate third parties including, but not limited to, all appropriate municipal. regional. state or federal agencies of the existence of any hazardous or dangerous materials located in or around the Project site, 9, Client shall provide Consultant with all information regarding existing conditions, including the existence of hazardous or dangerous materials, and proposed uses of the Project site and shall correctly designate the location of all property lines of the Project site and all subsurface installations, such as pipes, tanks, cables, electrical lines, telephone lines and utilities within the Project site, Client shall immediately provide Consultant with any new information, including any change in plans, Client releases Consultant from liability for any incorrect advice, judgment or decision based on any inaccurate information furnished by Client or others, If reasonable precautions will be Inadequate to prevent foreseeable bodily injury or death to persons resulting from a material or substance, including hazardous materials, encountered on the site by Consultant, Consultant shall, upon recognizing the condition, immediately stop work in the affected area and report the condition to Client. 10. Consultant's reports, boring logs, maps, field data, drawings, test results and other work product are part of Consultant's professional services, and do not constitute goods or products, Consultant reserves the right to copyright such work; however, such copyright is not intended to limit the Client's use of the Services pursuant to this Agreement In connection with the Project 11, Because data stored on electronic media can deteriorate undetected or be modified without Consultant's knowledge, the Client agrees that it will accept responsibility for the completeness, correctness, or readability of the electronic media after an acceptance period of 30 days after delivery of the electronic files, 12, Client shall cooperate with all reasonable requests by Consultant that are related to the performance of the Services, including but not limited to obtaining permission, at Client's sole cost. to allow Consultant access to the Project site. 13. Consultant's potential liability to Client and others is grossly disproportionate to Consultant's fee due to the size, scope, and value of the Project. Therefore, unless Client and Consultant otherwise agree in writing in consideration for an increase in Consultant's fee, Client agrees to (1) limit Consultant's liability to the greater of $50,000,00 or the amount of Consultant's fee, and (2) indemnify Consultant against all claims, liability, damages, or expenses (except for Consultant's sole negligence or willful misconduct) arising out of or relating to all acts, failures to act, or other conduct of Consultant, including but not limited to, claims, liability, damages, or expenses arising out of or relating to the active negligence or other fault of Consultant. Client shall indemnify Consultant even if Client is partially or wholly without fault for such claims, liability, damages, or expenses even if liability is claimed to have arisen while Consultant was performing work outside the scope of services set forth on page 1, 14, All disputes between Consultant and Client, with the exception of non-payment issues, shall first be subject to non-binding mediation, Either party may demand mediation by serving a written notice stating the essential nature of the dispute and demanding that the mediation proceed within sixty (60) days of service of notice, The mediation shall be administered by the American Arbitration Association or by such other person or organization as the parties may agree upon, No action or suit may be commenced unless (1) the mediation does not occur within ninety (90) days after service of notice, (2) the mediation occurs within ninety (90) days after service of notice but does not resolve the dispute, or (3) a statute of limitation would elapse if suit was not filed prior to ninety (90) days after service of notice. 15, If Client insures property, real or personal, or both, at or adjacent to the Project by property insurance, whether during or after the completion of the construction of the Project. Client agrees to waive all subrogation claims against Consultant for damages caused by fire or other causes of loss to the extent covered by such property insurance, 16, Client waives all claims against Consultant for all claims, liabilities, losses, and expenses arising out of or relating to Client's failure to perform, in whole or in part, any of its obligations under this Agreement and any subsequent agreements, 17, Client shall be responsible for jobsite safety, 18, If during the course of performance of this Agreement conditions or circumstances are discovered which were not contemplated by Consultant at the commencement of this Agreement. Consultant shall notify Client in writing of the newly discovered conditions or circumstances, and Client and Consultant shall renegotiate, in good faith, the terms and conditions of this Agreement. If amended terms and conditions cannot be agreed upon within thirty (30) days after notice, Consultant may terminate this Agreement and Consultant shall be paid for its services through the date of termination, 19, Client shall furnish to Consultant within fifteen (15) days after receipt of a written request information necessary and relevant for the Consultant to evaluate, give notice of, or enforce mechanic's lien rights, Such information shall include a correct statement of the record legal title to the property on which the Project is located, the name of the Project lender, and the Client and/or Owner's interest therein, 20, Except for actions such as for enforcement of mechanic's liens which are required by statute to be brought in a specific venue, in the event that litigation is instituted under the terms of this Agreement, the same is to be brought and tried in the judicial jurisdiction of the court of the county in which this Agreement is made, Client waives the right to have the suit brought, or tried in, or removed to, any other county or judicial jurisdiction, 21, This Agreement, including Consultant's Addenda and Schedule of Fees, represents the entire Agreement and understanding between the parties, and supercedes any and all agreements, either oral or in writing, including any purchase order, between the parties, Any modification to this Agreement will be effective only if it is in writing signed by the party to be bound, One or more waivers of any term, condition or covenant by either party shall not be construed as a waiver of any other term, condition or covenant 22, The laws of the State of Texas shall govern interpretation of this Agreement. Ifany tcnn of Ibis Agrecmeut is deemed unenforceable, the remainder of the Agreement sball stay in full rorce and effect, If services of an attorney are required by any party 10 secure perfonnance under this Agreement, the prevailing party sball be entitled to reasonable anomey's fees and costs. 69-YPMI40 I 692IPI43 agmmt Copyright 2001, Trinity Engineering/K.leinfelder city Qf ~~(5 CITY COUNCIL \ ~ / AGENDA BRIEFING For mtQ. : 05/15/01 CMO Approval: Item#: 4 Ordinance # : 0-01-1277 Previous Action: 05/01/01 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 Second Reading and Public Hearing First Reading and Public Hearing Backoround 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) ~~, Y>>uJ~ CITY MANAGER (~~ DE AR E T HEAD FINANCIAL REVIEW (IF NECESSARY) 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 entry 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 Collewille 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 · Information Provided by Applicant · Planning and Zoning Commission Minutes · Proposed Ordinance 0-01-1277 Location Map n- f[Ir.:T~~ ~1 . \(7\ 3.A tJ,CTR \j~~) .,' covEt-IAN IJ ;.-sRE -r lR I S...,l r .._-~ fR .. 2.4 fIlC ~\'iA" .~-. A 1ft1 .1 IIC nt Z. I.3aZ . \.. lit II .. \J ,. 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 Yoer 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 Colleyvil Ie , 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 Albans Circle Colleyville. TX 76034 Marie Powell 16 Olive Court Flemington I NJ 08822 Case Z-01-008 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 permitland-orlzoning change request are listed above, I certify that the partl.. listed above have been notified of the proposed special use permlt/and- orlzonlng c~ange request as required by Section 211 the Local Govemmen~t Code. (Notices dated: 3/30/01) Jan Levy Planning & Zoning Assistant /t! Development Review Committee Memorandum Crrr OF COu.EYVlUE CoMMUNITY DEvE1..oPMENT DEPAR'1'1'-tENT DEVELOPMENT REVIEW COMMITTEE DATE FAX TO FAX NO FROM March 30, 200 1 Matt Torbit .:. Ottis Lee 214-630-~~? .:. 817-448-6390 Clayton Husband, AICP, Development Coordinator SUBJECT z-o 1-008 AG to PUD-R - Strathmore (Glade Road) The Colleyville Development Review Committee (ORe) has reviewed your zoning exhibit and zoning change request submitted to this office on January 29,2001. The following comments are for your consideration. GENERAL INFORMATION I. 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 CoW1cil. 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. 1, The Land Development Code limits the number of residential lots allowed on a cul 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 COW1t against the 12-10t requirement. 2. There is an existing drainage and utility easement running between Lots 10 and 11 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 infonnation 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-O 1-008. P.O, Box 185 - COLLEYVlLLE, TEXAS 76034 - 8 17.577.7587 Development Review Committee Memorandum DEVELOPMENT REVIEW COMMITTEE Z-01..ooa 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 retmned 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 1. 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 pennit is issued for 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 information on the fees that could be assessed. · ROADWAY $1,962 per lot for single family uses · WATER $2,936 for a I-inch meter (fee dependent on water meter size) · SEWER $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 1 and May 15,2001,7:30 p.m. RESUBMmAL 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-01-008 STRATHMORE PUD-R · one 8-1/2" X 11" 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 ITEUBING, ENGINEERING KEITH FISHER, ENGINEERlNG RED BAILEY, FIRE DEPARTMENT BOB YOUNGER, 8UILDlNG INSPECTION KELLY HOWELL, PU8UCWORKS MIKE SOAB, ECONOMIC DEVELOPMENT DIANNE MCWETHY, CITY MANAGER'S OfFICE Development Review Committee Response Letter CIVIL works Engineering April -t. 2001 City of ColleyvilIe Afrn: Mr. Clayton Husband. AICP Development Coordinator 5.coo Bransford Rood COIleyville. Texas 76Q3.4 If: STIATHMOlf . COLI.EYVILlf. TrXAS ZONING CASE 1.01-008 ItWISED ZONING AND PREUMINAIY PLAT exHIBIT Mr. Husband: Included wi1h this letter are 22 fOlded copies and 1-a.5xll copy of the revised zoning and preliminary plof exhibit for Strathmore Case Z-Ol-Q08. we have received the ORe comments and hove modified the exhibit to comply with all of them. LOT 9 wDl be landscaped and irrigated, in addition the existing pond will be cteaned and reshaped and 0 water feature will be constructed. If you hove any additional questions. please feel free to COIl. Sincerely. CIVILworb Englneednsl f'1ttL6 ~"1JT -fJU'..uL Ottis Lee. III. P .E, Owner 1192 toling Ranch Road + AIle, Texo. 76020 + Phone (817).48.9595. FOll (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 retum, 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 Col/eyvil/e 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 1L- 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 builders for the construction and sale of single family residences, STATEMENT OF UTILITIES TO BE PROVIDED Utilities with the appropriate capacities are available to the site. They will be extended through the site during the construction of the subdivision. ECONOMIC DEVELOPMENT BENEFITS The City of Colleyville is not realizing the tax revenue that could be generated by a single-family development due to the current property owner's 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, JL~ 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, blvQ___ Matt Torbit, Marly 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 Lot 5 15,603.00 0.36 Lot 6 16,806.00 0.39 Lot 7 16,968.00 0.39 Lot 8 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 .AII 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 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 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 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: 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 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 100 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 Land Development Code. All open space areas shall be landscaped. 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. Ordinance 0-01-1277 Page 4 of 4 Sec. 2. THAT, any person, firm or corporation violating any of the provisions of this ordinance as read together with the Land Development Code of the City of Colleyville shall be guilty of a misdemeanor and upon conviction thereof shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00). Each and every day such violation continues shall constitute a separate offense and shall be punishable as such, Sec. 3. THAT, the City Secretary is hereby authorized and directed to cause publication of the descriptive caption and penalty clause hereof 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, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney Exhibit A - Location Map __oj :- ;Ie 2' i (jj0 A 'IE1P J ,'\ AN \ ,,',';,' 0,,[:1'1 . .'" C ~ G 13 I ~,- ~~ ; "'IF I 2.0 /lC I I I II 'R i' UI ~ T Ie . '. lit 'Al .1 Ill: lA ~. 1._. 1 I ,.. .t 3 I 1I t...:I,5 ; I' I << 5 ~ '" II II 13 12 17 . ." r '. ~(."~ '-J .,(; .r. . II 'l1~ 14 11 r 1M II .. 21 13 14 Exhibit B - Conceptual Site Plan and Preliminary Plat I ~ III~ .. i ~i i:~1 i ~i ii!;i r ~iil~!,1 ~ ~i ;;1 ~ Uh .. j ! !. I i~ . Ii :1: :J: r" \ \ \ .lli IIIi / -' / I ! I ! -.,-- =---=---=--=--=---=-"~--=--=--~;===:"-=:=_~_-=_-=~_-=_7~ - -- . IIJI I)"" I uti ~ Ill!i lilm II I Isf; 1l,'ji I ! ~ Exhibit C - Typical Metal Fencing cce~ CITY COUNCIL To,~; AGENDA BRIEFING For mtg. : 05/15/01 CMO Approval: Item # : 5 Ordinance # : 0-01-1278 Previous Action: None DEPT. : COMMUNITY DEVELOPMENT SUBJECT: Zoning Change requested by Thomas Pritchett from AG Agricultural to R20 Single Family Residential on 2.015 acres located on the north side of Glade Road, east of Pool Road, Z-01-009 - Glade Road Estates First Reading and Public Hearing Backqround Thomas Pritchett has applied for a zoning district change on a 2,015-acre parcel of land located on the north side of Glade Road, approximately 250 feet east of Pool Road. The property is presently owned by Steven G, Ross, The applicant proposes a zoning change from AG Agricultural to R20 Single Family Residential to allow for the development of single-family residential lots. The property is a small part of a larger proposed development that would incorporate a 3,5-acre parcel immediately east of this site, which is also zoned R20. The preliminary layout of the overall development includes six lots on a short cul-de-sac. The attached zoning exhibit shows this preliminary layout. The preliminary layout is not considered a preliminary plat. (continued) W. 'n?~ CITY =ER ~~~ FINANCIAL REVIEW (IF NECESSARY) Agenda Briefing Ordinance 0-01-1278 Page 2 The following is an analysis of the possible impacts associated with this rezoning request. 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 property located across Glade Road is zoned R20 and is developed with single-family residences (Brook Meadows Addition). The property to the north is zoned R20 and is developed with single-family residences (Ashmore Addition), Property to the west is zoned AG and R20 and is not presently developed. Property to the east is zoned R20 and consists of a single family residence on an acreage tract. 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 immediate area as most of the lots and parcels contain established single family residences. 5. Trail System Plan. Sidewalks along Glade Road must conform to the provisions of the Colle wille Pathways Plan for hike and bike trails. The Pathways Plan requires a 10-foot wide trail along Glade Road. The developer is required to construct the trail as part of the public improvements for this property. Staff sent notices of the zoning change to 13 property owners within 200 feet of the property under consideration, Staff has not received any correspondence regarding this request. The zoning exhibit has been reviewed by the Development Review Committee and meets all of the requirements for a zoning exhibit. The proposed zoning change is consistent with the Land Use Plan, which designates this area as a future single family area. The Planning and Zoning Commission considered this rezoning request at its April 23, 2001, meeting and recommended approval by a unanimous vote. Recommendation Approval Agenda Briefing Ordinance 0-01-1278 Page 3 Attachments · Zoning Exhibit · List of Property Owners Notified · Planning and Zoning Commission Minutes · Proposed Ordinance 0-01-1278 ~.!" .. Ij :!i~ .11 '~: I~: ,i. 'I- . ., 1 Zoning Exhibit -.Il;.,:~":'~~~--' ~~- , .~ .-....-.----..- ..----...... I f--+-.-r-- , ! u;-_ ._____ J~,..' \ I ' . I ,il I ----';~ . -:.,., r I,':~;,'.. I -~~, . :~~ I ii : i . i J ai. i J. . f "b J ~ :,J j 2;1 ! ~ ~! ~ el1-;:"1.. -1&!l]IJ!U , c"!1 It. ~ ... il_ l flil'" of 11 fi, 2f. Ip l! l~ J.tZ1ihr. f' I oJ it ! ,. II II ~:II .. '1 n !: Hli H JH~ J: .. mJ ~ ]J81 ~ I~; ilJi ~, .iJ ~ J[ _JJ\fA. ~ "! "'- ; HI ~! U ~~ !il !: " ." ;~; R >:: " ;'~'~~"- - -===-~::~--, --~::'-'- I '1 l I' ;J'-' ~ -1 1 I :1 :11 -j' --I I I I' .' ~tf~ 'I I" -- +- -.---;;.....-'--i""f --- -~-- -- - _.4_ -f - 12 ' I'" z: I o I :.~ ~ i I ~o I ;::: ~ I (J)r- -- ! x: !..U l .' .~ '-", .1: ,,:' I ..........;: .. \.,\ ~,.... , -.rn::' I , ~. r'l ,I '- ~~:~ ,~. 'j .......:.-~_~~.:rtj ~/. ",f-.}"I I ..:..-l}~,., ',- . :p~~t =r= ... '1"'i' ,., ll.,~ f ---~'-' ~r I - ;;;...;~ <U- ~ f -"--~_ ~- - -t; ft~.' 1 ~ -----_...---l-. __'- -~~" ,', ~ ~-~ -----,;=- I 1!4j~ .t ~ i ~,:Li' '''I . r '1' :--=-:t".......:-- , . . .. r:- I. - .~:"'. C")/ I I /1 I...~ / i <t ~. '<1.> '- " U - to ,- ~ /' ~~" .'~ ..r' I ~ I I ~' ,.1 ~ ,. J j . ~ ,,~ 3' 1:s -...: ~~..! o~; ~A.c: J!~~ ~U~ ~.~::! ~j.; ~ii~. >> ,. !M~ .!~~~ ~ to; ~ ~ Q ~ rc &II Q ~ '" .. .. a ~Cl ".. ~.. i~ ~= -~ ~o :a: !.. ~! :~ !- a Cl .. ~: ~L : .~ ,~ J:< ~ ~_S : ~ ~~ : :; . "; In ij: -:.r. '" '" ::: w I . " 0 a(/ZN I', C a= , Z 0 U" "" zC - E Z 0 o .. N.... '1,1, _..J ~::'j' , j I J ...,'T,,'. - 'I' ~ i ,; 'I ".: I :"_ ---~ ._.'~ I , .u,,-'_ _.____......-___.__ ~, J .,,_' " ;., .' J to ,/ .' , .,1 . ,.... , .; , _._~--~:: ~~ ~._._- t , ,- ~~~_.~--- }.~ (:) , '- ,C\i ,.t l< I.~' .. 1 -------:~--------r- - - ---.....-,. __ I I ./ I, :'.4€.' II;;. ~!ij; JI" ~ \ 12 -:ill' -11'1: I l' --..- 1\'4--.::' ,--_" ,_ < '.... lit " \ ,::::::;.i;j;-,,!' . , . ,:. ~,:, ',..;- ) l':~~ 'Y n:i C-~tjf?"f~'~!"; ,. i.SJ~ ~j!" .... "f~m; ~ I ~..U!' It 5iI :.: Ifit ~::i" ; ! ;- .." List of Property Owners Notified John & Stephanie Anderson 3310 Clearfield Drive Grapevine, TX 76051 Mohhammed & Nasrin Taj 1926 Waterford Drive Grapevine, TX 76051 Deaynni & Dan Hartley P,O. Box 1013 Colleyville, TX 76034 Ambiance Custom Homes, Inc. P,O, Box 1013 Colleyville, TX 76034 Ashmore #4 Limited Prtnshp 8222 Douglas Ave., 8te. 770 Dallas, TX 75225 Mars Partners Ltd, 2000 W. Marshall Drive Grand Prairie, TX 75051 Sam McClendon RR 2, Box 3910 Hubbard, TX 76648 Samuel Sandoval 2700 Meadowview Drive Colleyville, TX 76034 Paul & Shirley Heath 2704 Meadowview Drive Colleyville, TX 76034 Gwendell Thompson-Bell 2708 Meadowview Drive Colleyville. TX 76034 Cliff & Barbara Holliday 2712 Meadowview Drive Colleyville, TX 76034 Byron & Lisa Montgomery 2800 Meadowview Drive Colleyville, TX 76034 Robert & Barbara Messer 2804 Meadowview Drive Colleyville, TX 76034 Case Z-01-009 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 permiUand-or/zoning change request are listed above, I certify that the parties listed above have been notified of the proposed special use permitland-or/zoning change request as required by Section 211 the Local Government Code. (Notices dated: April 12, 2001) ~ Jan Levy ~.. . Planning & Zoning Assistant Planning & Zoning Commission Minutes April 23, 2001 PUBLIC HEARING - Zoning Change requested by Thomas Pritchett, from AG Agricultural to R20 Single Family Residential on 2,015 acres located on the north side of Glade Road, 250' east of Pool Road. Z-01-009- Glade Road Estates Clayton Husband presented the case to the Commission and reviewed the staff briefing. Commissioner Hill asked questions about the zoning exhibit. It was clarified by staff that the exhibit is conceptual in nature, however with the limited amount of land for the entire subdivision including the land to the east, six lots would be the maximum for the R20 district. Chairman Hart opened the public hearing. No one was present to speak and Chairman Hart closed the public hearing, Commissioner Gasper moved to recommend approval of the zoning change. Commissioner Hill seconded the motion. The vote being: Ayes: Gasper, Edwards, Hocutt, Hollis, Hill, Hart Noes: None ORDINANCE 0-01-1278 AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF A 2.015 ACRE TRACT OF LAND OUT OF THE C.C. DOSS SURVEY, ABSTRACT 439, FROM THE AG AGRICULTURAL DISTRICT TO THE R20 SINGLE FAMILY RESIDENTIAL DISTRICT; PROVIDING FOR A PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION: WHEREAS, an application for a zoning district change was filed by Thomas Pritchett on March 26, 2001, under Case Number Z-01-009; and WHEREAS, the City of Colleyville has complied with the notification requirements of the Texas Local Government Code and the Colleyville Land Development Code; and WHEREAS, the Planning and Zoning Commission has held a public hearing and made a recommendation on the proposed zoning amendment; and WHEREAS, the City Council has determined that the proposed zoning amendment is in the best interests of the City of Colleyville. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec, 1. Sec. 2, Sec. 3, THAT the Master Plan, the Land Development Code of the City of Colleyville, Texas, and the Official Zoning Map are hereby amended insofar as they relate to certain land located in Colleyville, Texas, as shown on the Zoning Map attached as Exhibit A, and described by metes and bounds, as shown on attached Exhibit B, by changing the zoning of said property from the AG Agricultural district to the R20 Single Family Residential district. THAT, any person, firm or corporation violating any of the provisions of this ordinance 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. 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. Ordinance 0-01-1278 Page 2 of 2 AND IT IS SO ORDERED. The first reading and public hearing being conducted on the ,2001, day of The second reading and public hearing being conducted on the ,2001. day of ATTEST: CITY OF COLLEYVILLE: Cynthia Singleton, TRMC City Secretary Donna Arp Mayor APPROVED AS TO FORM AND LEGALITY: Ross T. Foster City Attorney . ~ I I _ I .<,,'1" I I.~ i '~~I-~" I _IWI:C'I'W..::;... _IWI:C'I'S - .. 'li!'--'"-"" ,,<:>''1> . ~ ... · uo r.,stf~.~~r~ : I. : \ - : f;. "1,, ,. ~ D- (.f' :.. It.:.. .:.. -~~~ ~ . I · fj, 'It.....~,. I.. .... , I .AM.c l:: '" - I. .. . - _...... ". _' _ -1 "'.Jl DGnOOD III . - - 11\- _' 11 U '.4!5 I IMI, U~V - .... ....... or -A.. \ 1 ~.C.... "nl .. -. -I> &7 t\: >r r" ~ ........ I ." .. \ ~~: i '- "(~.. It.. .. I~ ~ "". -~ ~~: ___ r-~r _ - _ P 'l , } , >Sll -.._C'I' ~. ~~ -. r: l..ill ~e N,ii -,~ ---..~. tI.,~J'" ,:.~ I Ii I~" .. ~.. . ..- ,-I.!-. ~ r ~ I S,J,'I .:. ~ I: I' -- ~ · · 1s - c#J - ..::- ! - - .-- '-'j :. : , A. - ~ ~ ~ ~= .1' i ... 66: · - -: J5 .:. "".~ \ - \ "/) ~ : ":. '" , 11 '" t . I...... ~'= , .. .. I ': tit. '.uta' -. .. r.l .,...: WI" I .... ~v-- u ) \. - . . - __ __ __ ._ - ~_ ----~r-.. '" __' .-. 1_- - _ __ __ :. _~- __ __ __ .~~: _ ) -.. . . / ~...: - . - = II p. -.. : :. Jr<. I.. _.. ~ - - - - - a ~ - ....-.... .. - - .. l(' :1' · . t' tr---.. ~. .~ " It M '1 Exhibit A - Zoning Map OAf) ~ ~1l ~ ~Ci ' "'x "" .. 4 . p ~ - ref · --11~ ~ ~ .. I .. " u .. .. .. .. .. .. u u ~. A ,~. " ~ f'\J~ "". } sA~~ ' 1, s:~ 1 , I ~~ ~ ", ./\~~ a .. .. " .. I u \ '" tI~ , .,IIIV"; ~OV~. ~ n;';V' ~CI · ~ t ' --.J ,... . .. 5 " J 1- ; : . IW ~~& I}.;;) - ~ ~: : 1'::.r _ t ..., t:@ , ;, . t ill .. .. - .~. .: .:. . . / . - _L--<' . "'-ifV .- ~ M :ao ", I , .7. . II , .. ./ . .. .. - , .. .. III .. .. .,., II .. I I , .. I .. , " Ii Exhibit B - Metes and Bounds Description ~rtA" Being out of the C.C. Coss Survey Abstract No. 439, Tarrant County, Texas. and describes by metes and bounds as follows: BEGINNING at a point in the centerline of County Road, Project No. 3036, (currently known as Glade Road) 272.6 feet East of tbe Southwest corner of the C.C. Doss Survey, said corner being the intersection of the centerline of County Road Project No. 3036 (currently known as Pool Road); THENCE North 00 degrees 58 minutes West at 25.0 feet an iron rod set in fence line in all 438.92 feet to an iron rod found for corner; THENCE East at 100.0 feet an iron rod found in fence line in all 200.0 feee to a wood fence post: for corner; THENCE Soutb 00 degrees 58 minutes East at 415.0 feet an iron rod set in fence line in all 438.92 feet to a point in the centerline of said County Road Project No. 3036; THENCE West 200.0 feet alonq ~~e said center line to the Point of Beginninq and Containing 87771.5 square feet or 2.015 acres of land. NOTE: The Company does not represent that the above acreaqe or square footage calculations are correct. cc.~ CITY COUNCIL Tw; AGENDA BRIEFING For mtg. : 05/15/01 CMO Approval: Item # : 6 Report : Previous Action: None DEPT. : FINANCE SUBJECT: Monthly Financial Report - April 2001 General Fund The percentage of current year taxes collected is slightly ahead of April 2000. Sales tax revenue received in April 2001 was down by $13,054/12.44% over the amount received in 2000, Residential permits had a slight rebound and are up by three over April 2000 but are down for the year by fifty-five. Municipal Court revenues are up due to greater citations issued in September and greater efforts in warrant collections, however citations issued this fiscal year are down and a decrease in revenue may occur in future months. The average amount expended by the departments at the end of April is 52%, Utilitv Fund Water sales and usage are down due to the rain received from November 2000 through February 2001 and cooler temperatures as compared to the same time period last year. The average amount expended by the Utility Fund at the end of April is 42%. 'd~ 7J7u/~ CITY MANAGER (XL ~ DEPA~~ D FINANCIAL REVIEW (IF NECESSARY) MONTHLY FINANCIAL REPORT - APRIL 2001 Current Taxes Delinquent Taxes Penalty & Interest $4,906,127 31,000 30,000 $4,846,348 27,823 18,536 $4,758,943 24,000 19,000 $4,343,758 22,706 1 7,180 11.57% 22,54% 7.89% ....".... .........-...."........ ........,. ............... .."............................,... .....................'.............................._.-._.,..'.......'... .XCl1)\4.Ap..VAUQRgM..l't"Xg$..H...u.. ......(U....'.....,....Uf$~n~~7;.tg7 .....,.......$4;~~g~7Q? ..........'$4~~qf;~.' TU Electric $665,000 $732,015 $665,000 $656,715 11.47% Tri-County Electric 30,393 36,498 30,393 27,630 32.10% Lone Star Gas 110,000 162,965 110,000 105,713 54,16% Southwestern Bell 156,767 74,821 78,384 76,762 -2,53% General Telephone 22,895 23,058 17,171 11,074 108,22% Refuse 86,009 47,764 43,005 42.418 12.60% Cable TV 120,798 102,773 90,599 86,027 19,47% mqmAgf'ilNQffl.I$.ij[~$$.'.r)...H .'..'..'...'..H....'.$,~[l~i.;~?,. ....'....'....;$~;~l=~;~I!....H .$~iQ$4.;~~l......'..'.) ...'..'......$~;Ope;3~~'." Sales Tax Mixed Beverage Tax $1,791,491 18.400 $817.448 19,931 916,800 13,800 $869,001 12,688 -5.93% 5 7 ,09% ...................................................................... ......,....:.....:.:.............;..,..:.:...-.-..,.,'.-...-......,-........ ....$i~t~~f;~. ........$'~~q;~... /....'.....,.'.........$~$Mp$~U Building Plumbing Electrical City License Building Plan Review Fee New Business Animal Sign Permit Fence Permit Fire Permits $793,000 $270,270 $295,850 $487,822 -44,60% 140,712 59,771 52,496 88,965 -32.82% 98,800 40,564 36,860 63,957 .36.58% 37,000 20,813 21,583 25,010 -16,78% 149,000 15,745 86,917 81,403 .80.66% 1,000 273 583 612 .55.39% 1,650 1,364 963 392 247,96% 2,500 2,610 1 ,458 1,870 39,57% 3,300 2,872 1,925 2,301 24,82% 525 151 306 575 .73,74% TOTA'["['IQEN'SES'&'''PERM' ITS'........ . .. ...... .. .. .. ... ......... .. -..... . '" .. ... ... ... . .......... :::.::,',:::,.:.:./.,',::.::::::.::::....<::....:.:.......:::,',,'::,;:,' ,.}:::;:.::.:::.....:.::..:::..,::,::;:,::::::::::::; .. . . ............-...-..-..... . . ...................... .... . . - --...__.....................-.................. .................. ................... ................... ................... ................... .... .............. ......"...................... ....................................-. .$~Ig?7;4~7..Ii~f:H4??... :~4.' DD,~""'2:..' '" .,.,.,.,.,:,.,.,.,.,.,.,:'.'.~.".5..:7i't'.~O.. '7..'.': ~ ~ :Z1~ :~:rryrj:)t~:*~~:<;~~:~:.;:/)r .... .............................'.. ............................... """'.."""""""'44".."'."..96.."'..%"'..'.. . . . . . . . . . . . . . . . . . . . . . .............. . ... '" . ............. .. ... \r~{:?~:~:~t:::->:-\.:.:::.>::: ,,): Fines False Alarms $465,250 7,550 $326,295 1,100 $271,396 4,404 $303,060 3,300 7.67% -66.67% i~g'ti~~~.. .....~.i.~z~;~99. ' '" ,:::.~?9~;ilq, MONTHLY FINANCIAL REPORT - APRIL 2001 Re-zoning $13,200 $6,500 $7,700 $8,500 -23,53% Plat Fee/Site Plan 20,750 6,294 12,104 11,499 .45,26% Board of Adjustment 1,250 375 729 750 -50.00% Sale of Material 3,000 2,199 1,750 1,766 24.52% Weed Mowing 7,500 0 0 436 .100,00% Animal Impoundment 3,550 2,989 2,071 2,635 13,43% Ambulance 65,000 33,684 37,917 42,192 -20,16% Recreation Program 120,600 31,442 35,000 45,656 -31.13% Non-Resident Fee Parks 17,810 9,160 8,905 9,720 -5,76% Field Use Charge 24,000 11,255 12,000 5,915 90,28% Engineering & Inspection 85,000 55,312 49,583 87,557 .36.83% Chgs & Reimbursements 12,000 2,865 7,000 11,790 .75.70% Commumity Center Rental 176,600 88,028 103,017 106,343 .17,22% Lot Drainage Insp Fee 32,500 12,000 16,042 20,000 .40,00% TOTAWCHARGES:poiSEgVJdij: DARE Officer Reimb ............................ ::::illg;?~: ::?::iI~g~H;j~:: ""::::f.4~~;~t~::U$.$?4;tp.~: $60,775 $0 $0 $0 TOTALI:N1'Sg@qYEiN:M:~NT~Gi,::):::.tW...$ii]7?~': Sale of Surplus Property Interest Income Miscellaneous Use of Fund Balance FY 2000-Murray Celebrate Colleyville Contributions Murray Const Lawsuit Settlement Tower Rental 0.00% $10,000 330,000 14,500 195,000 20,000 150,000 63,250 $8,870 203,349 9,717 o 21 ,440 150,000 37,505 $8,500 175,000 8,458 o 20,000 150,000 36,896 $0 82,245 10,497 o 7,000 o 36,582 ...............................................-............,. ................. ................ ........... ............................ ............................... ............................................................. ........................... "f@tAWMi$B~Mi,AW~gQ$: ,,""'" "',:::):UU,:::~Zi.ggP:9U )::::~$P~~~ , :::::,:?f.I~l~?4::: ))i: $,1 $6..324 Transfer from Utility Fd .',..'..,..',...-...-.................,...-......,...'...:.',...................................... 'T". O';'f'" A"'[.."TR" "'A' 'N'" '$" 'P" '5" 'R'S" ',',',',',', . .... . . ...... .... -. . ."'.,. . . .". . ...... :::'::-':::":-'::":':':}::'::'::':'-:':':": ".,:::, ':.:::",:::::::::::: ..-............................. ................................ ................................ ..........,................-.... ...........,................... . ...... .,................... $418,458 $0 $0 $0 100.00% 147.25% .7,43% 0.00% 206.29% 100,00% 2,52% ......................... i:~:~;Q?$ 0.00% " '" :m:e!~~!~:: .-.....-.---'.-..,:.:-:-:.:-.,'.:...-..,.-'..,..:....-:..,..-........................-:..-:..,.................-:..........................-........................., ..................................................,........................ ..-..............................................................,..................'......................... ........'...........................-.',..................-...... TQtfW@sNR~~gfQNPR;.vF4~Q~:::::::::$t~f~fl~~JP..:,H;:.fZ~4::::::::::i~ii?:4i~g':.::::::::::$1:;~gf.;qgg ......................... . . . . . . . . . . . . . . . . . . . . . . . . . .. '::::;:}::::::::i:::::i:C1~:::: :;:::::::::::::::::~~~:m:: MONTHL Y FINANCIAL REPORT - APRIL 2001 TOTAL PERCENT THROUGH THROUGH INCREASE INCREAS 4/30/01 4/30/00 (DECREASE) (DECREASE) % OF CURRENT TAX ROLL COLLECTED 97,21% 97,14% 0,07% 0,07% RESIDENTIAL BLDG PERMITS 97 152 (55) ,36,18% COMMERCIAL BLDG PERMITS 2 7 (5) .71.43% PLUMBING PERMITS 560 626 (66) .10.54% ELECTRICAL PERMITS 267 336 (69) .20,54% CITATIONS ISSUED 5,118 5,078 40 0.79% ITATIONS APPEALED 93 102 (9) -8.82% City Council and Secretary City Manager Finance Legal Economic Development Engineering Building Inspection Community Development Fire Police Parks Recreation Marketing Community Center Streets & Drainage Municipal Court Fleet Maintenance Merit Pool ,Comp~nsatio.n ~tuclY ,,',,',',' ,',' ,.,." ,'," ttttAbEXPENsES//? ............................................ ."........................., . $313,390 563,980 451,409 80,000 135,294 644,043 287,741 364,898 2,404,734 2,512,521 920,895 244,564 88,102 282,567 1,153,903 114,550 123,825 95,000 739,374 ............................................. :::,:~~~f~~qi7~ $178,599 250,285 268,254 30,641 80,203 348,164 157,637 217,941 1,479,600 1,567,832 412,049 85,141 61,663 149,766 542,665 53,864 69,421 o o ....................-,........,............-.........,-. """""""$""'..""""""""""""'.""'" ...,..... ...."..... :/j~;~~@@~?? $178,126 261,220 268,299 40,000 79,057 349,865 155,761 217,172 1,480,637 1,558,910 403,584 83,727 63,538 151,015 542,721 52,849 67,278 o o ..-..-...,....,_.....-....-.................-...-... <fj:'" H.:.':}~?;~??;rijk: 57,0% 44.4% 59.4% 38.3% 59,3% 54.1% 54,8% 59,7% 61.5% 62.4% 44.7% 34.8% 70,0% 53.0% 47,0% 47,0% 56.1% 0.0% $134,7S~ 313,695 183,155 49,359 55,091 295,879 130,104 146,957 925,134 944,689 508,846 159,423 26,439 132,801 611,238 60,686 54,404 95,000 739,374 ......'..-..................-...........,., ..:n..,$$i$~?iQ~$., MONTHLY FINANCIAL REPORT - APRIL 2001 Water Sales Sewer Sales Sewer Installation Water Installation Sewer Tie.on Charges Engineering Charges Penalties Miscellaneous $5,181,138 1,695,523 26,000 61,600 30,750 35,000 147,100 8,200 $2,299,700 1,111,695 10,200 20,400 36,015 25,647 92,286 7,588 $2,297,965 989,055 15,167 35,933 17,938 20,417 85,808 4,783 ......... ......", ................ .... ................................. . ........... ......... .............. ..... ........ n. .........." ..... . ;y\$?i.Pt!?;~~w.r .)H:$aJ4~i;p~~i '}'..:., Interest Income Use of Fund Balance (Capital Projects) $300,000 825,000 $237,813 o 175,000 o $2,726,124 1,097,299 17,500 41,790 23,559 33,339 78,550 6,790 $163,587 o -15,64% 1.31% -41.71% -51.18% 52,87% -23,07% 17,49% 11. 75% 45.37% 0,00% TOTAL PERCENT THROUGH THROUGH INCREASE INCREASE 4/30/01 4/30/00 (DECREASE) (DECREASE) GALLONS OF WATER SOLD 648,780,900 787,098.300 (138,317,400) -17,57% NUMBER OF WATER CUSTOMERS 7,377 7,156 221 3.09% Administration Billing Operations Debt Service Merit Pool Compensation Study Transfer to General Fund $157.997 145,368 5,872,377 1,097,433 34,864 65,114 418,458 $89,338 85,246 2,261,624 869,163 o o o '.::.:lzj,%~~~j!1:Ufl~;@9~@?:~ $89.808 85,106 2,314,511 869,163 o o o 56,54% 58.64% 38,51% 79.20% 0,00% 0,00% 0.00% $68.659 60,122 3,610,753 228,270 34,864 65,114 418,458 COLLEYVILLE HISTORICAL PRESERVATION COMMITTEE MINUTES - April 10, 2001 I. CALL TO ORDER - The meeting of the Colleyville Historical Preservation Committee was called to order at 7:00 p.m. Roll Call - Members present: Gerald Hartman, Sammie Bolling, Lila Coley, Ed Havran, Joe Deupree, and Shirley Schollmeyer. Members absent: Dwight Packer, Donita Wiggins, Chris Faulkner, and Bettye Heath, Also present were Interim City Manager Dianne McWethy, Mayor Donna Arp, Parks and Recreation Director Monica Walsh, Councilman Mike Taylor and Susan Taylor, and City ofColleyville Marketing Specialist Dixie Cawthorn. TI. APPROVAL OF MINUTES - A motion was made by Ed Havran, second by Shirley Schollmeyer, to approve the minutes of the meeting on March 13,2001. Motion was approved. Chris Faulkner arrived. ill. UPDATE OF LOCAL mSTORlCAL MARKERS - Dixie Cawthorne reported that she had contacted three (3) companies and Southwell was the only one that had responded with a written price. The other companies do not do scanned photo etching. She will continue to get competitive bids from other companies. The following prices were received from Southwell: (1) Dr. Colley marker - 18x28 portrait wlphoto etching, raised text, times roman - $ 1700 w/2 photos $725 - marker $125 - post $350 each - photo engraving $ 150 - shipping (2) Bransford marker - 24x36 - will lose a column of text with raised text, $1645 wll photo $ 1 020 - marker $125 - post $350 - photo engraving $ 150 - shipping The committee recommended that the text on the Bransford marker be photo engraved to prevent deleting any text. Ed Havran reported that we had enough documentation for a marker for the Bogart Dairy, Sammie BoIling is working on the application for the Fire Station marker. IV. DISCUSSION OF LOCAL HISTORICAL PRESERVATION TOUR, April 4, 2001 Mike Taylor reported that Ms. Brown, who accompanied Daniel Carey and Weldon Nash and the members on the tour, has asked for some photos taken for a newsletter. Dianne McWethy reported that Weldon Nash with Newman, Jackson, Bieberstein Landscape Architects, will prepare an assessment of each site visited and make a recommendation from a historical perspective. That report will be presented to the Historical Preservation Committee, Daniel Carey with the National Trust Foundation stated that he will also provide a report. V. REVIEW OF HISTORICAL PRESERVATION COMMITTEE GOALS - The committee reviewed the following goals that had been set for October 1, 2000 through September: (I) An appropriate ordinance for historic preservation - not adopted at this time RESOLUTION R-01-1796 A RESOLUTION APPROVING COUNCIL ACTION UNDER BUSINESS AT THE REGULAR COUNCIL MEETING OF MAY 15, 2001 WHEREAS, Council has taken action on certain items on the agenda under Business. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec, 1. THAT the agenda decisions approved by Council action under Business this date and not otherwise adopted by Ordinance and/or separate Resolution as follows are hereby adopted: a. THAT AND IT IS SO RESOLVED. APPROVED THIS DAY OF AYES, NAYS, AND ABSTENTIONS, , 2001, BY A VOTE OF ATTEST: CITY OF COLLEYVILLE Cynthia Singleton, TRMC City Secretary Donna Arp Mayor