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AGENDA
CITY COUNCIL MEETING
5400 BRANSFORD ROAD
NOVEMBER 4, 2003
5:15 P.M. - PRE.COUNCIL AGENDA
6:30 P.M. - METROPORT TEEN COURT ADVISORY BOARD APPLICANT
INTERVIEW
PC-1. Discussion of draft proposal by Grady Walker to the Capital Recovery Fee
Ordinance for secondary meters for irrigation purposes, G-03-036
PC-2. Discussion of Conversion of Financial Statements to GASS 34 basis
PC.3. Discussion of the November 4, 2003, City Council regular agenda items
REGULAR AGENDA
6:45 P.M. - CALL TO ORDER
ROLL CALL
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
7:30 P.M. - RESUME REGULAR MEETING
INVOCATION:
Sister Theresa Khirallah, Good Shepherd Catholic Community
PLEDGE OF ALLEGIANCE: Ross Foster, City Attorney
P.O. BOX 185 COLLEYVILLE, TEXAS 76034 (817) 577-7575
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS
RECOGNITION
In recognition of the Colleyville Soccer Association for the
donation of $54,494 for soccer field lighting - John Grace,
President, Colleyville Soccer Association
PROCLAMATION -
In recognition of November 8, 2003, as World Town
Planning Day in the City of Colleyville - Jeff Wall, Chairman
Planning and Zoning Commission
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-03-2250 - Consent Items:
a. Approval of minutes of the regular City Council meeting of October 21,
2003
b. Approval of minutes of the Joint City Council and Economic Development
Task Force Worksession of October 15, 2003
c. Approval of minutes of the Joint City Council and Economic Development
Task Force Worksession of October 22, 2003
d. Approval of the disposal of surplus vehicles and equipment
e. Approval of setting asset capitalization threshold at $5,000 for GASB 34
basis
PUBLIC HEARINGS:
4. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1428 - Approval
of an amendment to Chapter 7 - Sign Regulations of the Colleyville Land
Development Code, Case G-03-01 0
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1429 - Amending
Ordinance 0-92-880 setting fees and charges for Real Estate Open House signs
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1430 - Amending
Section 2 of Ordinance 0-03-1417 to authorize the expenditure of up to $43,500
of unappropriated fund balance for reimbursement of the Voluntary Park Fund for
the purchase of a reel mower and paint striping of park facilities
7. READING AND PUBLIC HEARING - Resolution R-03-2251 - Approval of a
waiver of perimeter street improvement requirements for 9.56 acres out of the
Simon Cotrail Survey, Abstract 328, located at 2113 Glade Road and 4800 Bill
Simmons Road
8. READING AND PUBLIC HEARING - Resolution R-03-2252 - Consideration of
appointment to the Metroport Teen Court Advisory Board
9. READING AND PUBLIC HEARING - Resolution R-03-2253 - To override the
Mayor's veto of Resolution R-03-2244, appointing members to the Planning and
Zoning Commission
10. READING AND PUBLIC HEARING - Resolution R-03-2254 - To override the
Mayor's veto of Resolution R-03-2245, appointing members to the Colleyville
Economic Development Corporation Board of Directors
11. READING AND PUBLIC HEARING - Resolution R-03-2255 - Consideration of
appointments to the Planning and Zoning Commission
12. READING AND PUBLIC HEARING - Resolution R-03-2256 - Consideration
of appointments to the Colleyville Economic Development Corporation Board of
Directors
13. READING AND PUBLIC HEARING - Resolution R-03-2257 - Approval of a
waiver from the water well drilling requirements requested by D.R. Horton Homes
for Riverwalk at Colleyville, Case G-03-034
14. READING AND PUBLIC HEARING - Resolution R-03-2258 - Approval of a
Final Plat of Emerson Estates (formerly Old Grove and Parker Place), 45.459
acres located west of the Westmont Addition, southwest of John McCain Road,
Case P-03-019
TABLED ITEM:
15. CONSIDERATION OF ORDINANCE 0-03-1427 - Approval of City Developer
Agreement with Westgate Villas, Ltd., for Rosewood Villas
REPORTS:
16. HISTORICAL PRESERVATION COMMITTEE MINUTES - September 9,2003
CITIZEN COMMENTS:
17. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
18. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF NOVEMBER 4, 2003 _
Reading and Public Hearing - Resolution R-03-2259
ADJOURNMENT:
19. ADJOURNMENT
I hereby certify the above agenda was posted on the bulletin board at City Hall on Friday, October 31,
200~ ~
Cynthia Singleton, TRM
City Secretary
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.577.7575, and reasonable accommodations will be made to assist you.
PRE-COUNCIL
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CITY MANAGER
MEETING DATE:
ITEM # :
11/04/03
PC-1
DEPARTMENT HEAD
FINANCE REVIEW
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Discussion of draft proposal by Grady Walker to the
Capital Recovery Fee Ordinance for secondary
meters for irrigation purposes, Case G-03-036
Backqround
The City Council denied a request by Mr. Walker on June 3, 2003 for a waiver of the water
impact fee for a second meter for his residence. Subsequent to this denial, I understand that
Mr. Walker met with each of the City Councilmembers individually to discuss his request
further. Based on these discussions, Mr. Walker developed an ordinance for staff review that
would provide for a residence to not be required to pay a water impact fee when a second
meter is being installed for irrigation purposes. Staff has reviewed the draft ordinance and Mr.
Walker has made appropriate modifications from our suggestions. A copy of this draft
ordinance was provided (with accompanying staff memo) to the City Council in the October 24,
2003 weekly City Manager packet.
Recommendation
This item is provided for City Council discussion and direction for staff on how to proceed. If
the City Council desires to proceed with amending the Land Development Code as proposed
by Mr. Walker, it is recommended that this be referred to the Colleyville Capital Improvement
Advisory Committee, who is charged by the City Council to oversee and make
recommendations to the administration of our impact fee program.
Financial Impact
The City has 7,177 active water meter accounts. However, no information is currently
available to determine the number of active water meters that have automatic irrigation
systems. There are over two hundred residential properties in Colleyville that have separate
water meters for an irrigation system. These customers in the past have paid the applicable
water impact fee in addition to the regular tapping and connection fees. It is not possible for
staff to make an accurate estimate of the number of existing residential customers with
automatic irrigation systems that would have an additional meter placed. Nor can staff make
an accurate estimate of the number of new home construction builders that would have a
second meter set for irrigation purposes.
The impact fee for a 1" meter, the size typically serving most single-family residences, is
$2,936. Impact fees are collected and placed into a fund to pay for the upgrade and expansion
of the water system required by the additional demand placed on the system for new
Pre-Council Agenda Briefing
Page 2 of 2
connections. State law allows cities to collect impact fees so that existing customers are not
charged higher monthly volume charges to pay for new facilities required by new growth.
Staff is of the opinion that allowing a residential customer to obtain a separate water meter for
an irrigation system without paying an impact fee will not only have a negative effect on impact
fee revenues, but may also create a significant water demand spike on the water system.
Attachments
. June 3, 2003 City Council Briefing Report and Resolution
. September 22, 2003 City Manager memo
. Draft ordinance prepared by Mr. Walker
CITY COUNCIL
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AGENDA BRIEFING
MEETING DATE: ! 06/03/03 CITY MANAGER
,
ITEM # : 8 DEPARTMENT HEAD!
RESOLUTION # : R-03-2161 FINANCE REVIEW! N.A.
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of the request of Grady Walker for a waiver
of water impact fees at 7309 John McCain Road
Reading and Public Hearing
Grady Walker is the owner of two properties located at 7301 and 7309 John McCain Road.
Each property has an existing %-inch water meter, which provides water service to the houses
and supplies the irrigation system for each lot. Mr. Walker inquired about installing an
additional 1.5-inch meter at each property in order to separate the house water service from
the irrigation service. He was advised of the costs of installation by the City, and of the
required impact fees associated with the meters.
The Colleyville Land Development Code requires the payment of impact fees for water service
each time a new water meter and/or tap is set. The impact fee is paid either at the time a
meter is requested or at the time of building permit issuance on a vacant lot. Water impact
fees are used to finance or recover capital costs for improvements to the water service system
that are associated with increased demand on the water system.
The amount of the impact fee is based on the size of the water meter, since a larger water
meter creates more demand on the water system. The impact fee associated with a 1.5-inch
water meter is $5,331 per meter. Since Mr. Walker proposes to set two water meters, the
impact required for these properties is $10,662. For comparison purposes, the impact fee for a
1-inch water meter is $2,666.
Mr. Walker is requesting a waiver of the impact fees for this property and a letter is attached,
which provides additional information. The Land Development Code authorizes the City
Council to grant a waiver of the fee. The City Council has granted two requests for a waiver of
impact fees, one for a homeowner's association and one for an elderly individual who did not
have City water service.
Recommendation
Denial
Attachments
· Location map
· Information from applicant
· Resolution R-03-2161
City ofColteyville
5400 Bransford Road
Colleyville, Texas 76034
Grady & Zerena Walker
7301 & 7309 John McCain
Colleyville, Texas 76034
(h) 817-498-6402
grady. walker@hp.com
Subject:
Wavier Of Water Impact Fees For Irrigation Meters
27 May 2003
Dear Mayor and City Council
My name is -Grady Walker. My wife Zerena and I reside at 7309 John McCain and care
for my elderly Mother at 7301 John McCain. I submitted a request to add an additional
1.5" water meter at each property for the purpose of separating the irrigation portion of
our water service. We currently irrigate both properties, and with the current meter size
when irrigaiing, the house water pressure is significantly impacted In addition the time
required to Irrigate is extended
At the time of the request I met with a Permit Technician who provided a ball park figure
on the installation cost. At that time there was a question as to whether the Water Impact
Fee was applicable, since this was an existing residence with existing service. The City
Service Center was contacted and she was advised that there should not be any impact
fees charged. In addition in was unclear exactly which Tap and Meter Charges would be
assessed. Those would need to come from the City Water Service Team. She also advised
me that Sammi~ Bolling, who normally handles these issues, was on vacation and would
prefer if I could work with her. I then met with the City Water Services Supervisors at the
center to identify the line location and discuss what I needed. We then arranged a time to
meet at the property and did so on 5/21/03. We identified the locations and level of effort
required They called in the requirements to Sammie and she did a pricing worksheet. I
was then informed that I would be assessed a Water Impact Fee on top of the normal
service charges which brought the cost to $12,826.00. The services cost for the actual
work is $2,164. The cost of the Water Impact Fee is $10,662.00.
I was shocked and confused. I understood that I should bear the cost of the actual
services but was confused as to the reason for the Water Impact Fee. Given we are
requesting to separate off the irrigation portion of our service. We are not attempting to
add to the amount of impact on the line, since we are, and have been irrigating both
properties for quite some time. It was a/so suggested that we could "upgrade" our meter
to a larger size instead of adding the additional separate meters. The cost for the meter
upgrades are $8,690.00. The services cost for the actual work is $1,760. The cost of the
Water Impact Fee is $6,930.00.
Please note that what is required, the process, for a meter upgrade or meter addition is
the same, i. e. a new tap into the water main, replace the line, etc, however, the actual
level of effort/risk for the meter upgrade versus adding a new addition meter will be
more given their current physical locations.
So I am requesting that the Council waive the Water Impact Fees on installing two(2)
new water meters for irrigation but assess the Tap and Meter charges. Given these are
existing residences that are currently irrigating. - "No added impact". I am requesting
the new meters for the purpose of separating the irrigation service. - "Same volume but
through separate meters." The process required to upgrade meters versus adding new
additional meters are the same. The level of effort to actually upgrade the existing service
and meters will be more than installing new additional meters. - " Added cost/risk to the
City. "
I appreciate your consideration and support in this matter.
'- '-- ---
RESOLUTION R-03-2161
A RESOLUTION APPROVING A REQUEST FOR A WAIVER OF
WATER IMPACT FEES FOR 7301 AND 7309 JOHN MCCAIN ROAD
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the water impact fees for 7301 and 7309 John McCain Road are
hereby waived.
AND IT IS SO RESOLVED.
AYES, NAYS AND ABSTENTIONS ON
2003.
DENIED BY COUNCIL JUNE 3, 2003
CITY OF COLLEYVILLE:
PASSED BY A VOTE OF
THIS THE DAY OF
ATTEST:
/
/
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
Just afew Notes. . .
10/17/03
SUMMARY
1) Council Member Concerns
a) no way to recover impact fees if land is developed
b) no way to control if a larger meter was installed which meter
was connected to the home
c) setting a precedence
Requested working with the City Manager and Staff
2) City Manager Concerns
No concerns were expressed. Highlighted key points and identified
enhancements.
Key Points:
a) The addition of irrigation meters at existing residence has
negligible to no impact on existing services.
b) A basis of concern is that impactfees are based on potential
and not actuaL
c) Occupancy numbers have little to no effect
Enhancements to the proposal:
a) Limited to one(1) meter, 1" in size
b) Residential only - does not apply to commercial property
c) Review on a 6-12 month basis
PROPOSED SOLUTION:
1) Loop holes have been addressed
2) Meter use is covered
3) Recovery of impact is provided
4) Recommended thatfor a base %" x 518" meter not require an impact
fee for irrigation purposes( all other fees apply)
5) This presupposes the concept that a home has an existing meter that
could or would be used for irrigation. That the existing meter has
the capacity to irrigate the home today. With this model you would
be splitting the service and not taxing the system.
6) This does not effect new service; new stand-alone irrigation meters
or upgrades to existing meter. All fees would continue to be
collected
Irrigation Meters by Surrounding Cities
The following information details the cost and/or restrictions, involved with
obtaining a irrigation meter for surrounding cities:
CITY Max Permit Service Impact Total
Meter Fee Charge Fee Cost
Size
Richardson 1"* 25 525 0 550
Dallas 1"* 0 1,315 0 1,315
Grapevine 3;4" 0 Yes" 0 **
Southlake ~" Yes*** Yes*** Yes*** 4,600
Garland ~" 12.75 1,700 0 1,712.75
Note:
*
**
Maximum meter size for irrigation is 1"
Grapevine only charges a service charge. The service
charge is actual.
Southlake's model is that ofColleyville's
***
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MEMORANDUM
Office of City Manager
FROM:
SUBJECT:
DATE:
Mayor and City Council
cc: Grady Walker
Keith Fisher, Public Works Director
Barry LeBaron, Community Development Director
Bill Lindley
Proposal by Grady Walker
September 22, 2003
TO:
Attached is a draft proposal to modify the Capital Recovery Fee Ordinance
providing a waiver of an impact fee for secondary residential meters used only for
irrigation. Grady Walker has worked on this and performed excellent research.
In addition, Grady has met with staff on a number of occasions to clarify his draft.
I will schedule the proposal for your November 4, 2003 Pre City Council agenda
for discussion. Grady will be there to allow a discussion with you. While there
are still some potential operational impacts from this type of structure, I am at
ease now with a number of safeguards Grady has built into his proposal. You
may though want to consider getting your Capital Recovery Impact Fee
Committee to review and provide a recommendation. I look forward to our
discussion at your Pre City Council meeting.
PROPOSED
AMENDMENT
Chapter 13 Impact Fees
Land Development Code
City of Colleyville, Texas
DRAFT
Version 1.1
Chapter 13 - Impact Fees
Page 2
Modifications
Chapter J 3 -Impact Fees
Page 3
Table of Contents
1 INTRODUCTION ................................................ ....................................................... 5
2 IRRIGA TION AMMENDMENTS ............................................................................. 5
2.1 Irrigation Meter Use........................................................................................................5
2.2 Base Irrigation Meter Size..............................................................................................5
2.3 Number of Irrigation Meters.........................................................................................5
2.4 New Meter To Existing Residence .................................................................................5
2.5 New Meter To Vacant Land Or No Residence .............................................................6
3 IMPACT FEE TABLES ............................................................................................. 6
3.1 New Meter To Existing Residence .................................................................................6
3.2 Upgrade Existing Residential Water Meter..................................................................6
3.3 New Irrigation Meter To Vacant LandINo Residence .................................................6
4 USE CASE SENARIOS..............................................................................................6
4.1 Upgrading Existing Residence........................................................................................6
4.2 Installation Of New Irrigation Meter To Existing Residence...................................... 7
4.3 Installation Of New Irrigation Meter To Vacant Land Or No Residence.................. 7
4.4 Property Is Subdivided With Existing Irrigation Meter.............................................. 7
4.5 Existing Home Is Rebuilt ................................................................................................7
5 IMPACT TO EXISTING WATER SERVICE AND IMPACT FEES...................... 7
6 SUMMAR Y............... ................................ ............... ............. .............. ......................... 8
Chapter 13 - Impact Fees
Page 4
1 INTRODUCTION
The purpose of this document is to provide an amendment to "Chapter 13 Impact Fees" to the existing
"Land Development Code", for the purpose of addressing irrigation meters. The existing ordinance is
focused on new development and makes no explicit provisions for irrigation meters.
At present there are two hundred seventy (270) irrigation meters, of which, approximately two
hundred ten (210) are at Colleyville residence. This constitutes two point nine percent (2.9%) of the
seven thousand one hundred forty five (7145) total meters in the City ofColleyville.
The following proposal is submitted to help Citizens who request or require new meters or upgrades
to existing meters, for the purpose of irrigation for residential property only. These amendments are
meant to clarify any confusion, or concern on current and future use, current and future impact fees
and current and future impact to the water services infrastructure.
2 IRRlGA nON AMMENDMENTS
The following amendments identify the proposed specific changes:
2.1 Irrigation Meter Use
Irrigation meters so identified may not be used for any other purpose.
a) Meters identifled for the purpose of irrigation may not be used for residence, service to a
home, commercial, for any purpose, home business or any other purpose.
b) In the event the existing property is re-platted for the purpose of subdividing, impact fees
will be collected at the time the penn its are issued. (as per the current ordinance)
c) In the event the existing property has already been platted, and will be subdivided, impact
fees will be collected at the time pennits are issued.
2.2 Base Irrigation Meter Size
a) Irrigation meters will be '/," x 518" as the base standard.
Note: A I" meters will require an increased impact fee equal to the current delta.
SEE: "Impact Fee Table I"
b) Irrigation meters may not exceed I" in size under the residential irrigation ordinance. If a
meter greater than I" is required, then th is WILL require impact fees based on the current
model
2.3 Number of Irrigation Meters
Irrigation meters are limited to one (I) per residence
2.4 New Meter To Existing Residence
a) will require payment of existing penn it and service fees
b) will NOT require impact fees for a standard '/," x 518" meter
c) will require service to the existing residence be active
Chapter 13 - Impact Fees
Page 5
2.5 New Meter To Vacant Land Or No Residence
a) will require payment of existing penn it and service fees
b) WILL require impact fees based on current model
3 IMP ACT FEE TABLES
The following Impact Fee table details the impact fee rate schedule for irrigation meters:
3.1 New Meter To Existing Residence
Meter Type Meter Size Actual Water Impact Fee
Collected
Simole 3,4" x 5/8" $0
Simple I" &00
Impact Fee Table 1
Note: Thls table is based on a zero dollar cost for the base meter. An increase in size from the base meter
size of%" x 5/&", will incur an impact fees equal to the difference of the current base meter fee and the
desired meter size as detailed in the current fee schedule "Exhibit 13-G", Chapter 13 ofthe Land
Development Code, Rev 1010 I 102. This table has pre-calculated the actual impact cost to the residence
based on current impact rates.
3.2 Upgrade Existing Residential Water Meter
Ifa residence elects to increase the current meter size, which increases the Living Unit Equivalents
(LUE's), the impact fees will be assessed as detailed in "Impact Fee Table ]" Section 3.1. This is based on
the existing Land Development Code, Chapter 13, Section 13.13F "Notification Due to Increased Service
Units".
3.3 New Irrigation Meter To Vacant LandINo Residence
Installation of a new meter to vacant land or vacant lot with no residential structure, constitutes "new
development" and would incur impact fees based on the current rate fee schedule "Exhibit 13-G", Chapter
13 ofthe Land Development Code, Rev] 010 1/02.
4 USE CASE SENARIOS
The following Use Case Scenarios are meant to identify and address potential concerns for misuse or
impact to the existing water service use projections.
4.1 Upgrading Existing Residence
Impact fees are collected based on the current model.
i.e. A residence wants to upgrade there existing %" x 5/&" meter to a I" meter. The impact fee would be
S800. All permit and service fees apply.
Chapter I3 - Impact Fees
Page 6
4.2 Installation Of New Irrigation Meter To Existing Residence
No impact fee is collected on the base meter. An increase in the size, greater than the base, will impose a
rate based on the current model.
I.e. A residence request to add a separate additional meter. There would be no impact fee for a >;''' x 5/8"
meter. All permit and service fees apply. Ifthe request for a new separate meter is for a meter larger than
the base, y," x 5/8", then an impact fee, See: "Impact Fee Table I", would apply. i.e. If the meter size was
1", then the impact fee would be $800. All permit and service fees apply.
4.3 Installation Of New Irrigation Meter To Vacant Land Or No Residence
Impact fees are collected based on the current model.
i.e lfa new base, >;''' x 5/8", meter is installed at a vacant lot, the impact fee would be $1,866. All permit
and service fees apply.
4.4 Property Is Subdivided With Existing Irrigation Meter
Impact fees are collected based on the current model if the property is re-platted. In the event the property
does not require re-platting, then impact fees will be collected at the time permits are issued.
i.e. If a property is re-platted or does not require re-platting, and the existing irrigation meter is located in a
different lot than the original residence Jot for which it was installed, the meter may be connected to the
new residence after current impact fees have been paid. No additional permit and service fees for the water
meter applies. The normal plumbing inspection would be required. The plumbing inspection or final
occupancy inspection would/could be used to insure the impact fee has been collected. An additional check
and balance could be at the time of the permit and impact fee for the wastewater. The impact fees collected
would be SI,866.
NOTE: All meters must be located on the property, which they will service.
A meter is not located on the property which it will service, will constitute and require a new
service and require impact fees based on meter size. All permit and service fees apply.
i.e. New service is requested to a home that adjoins a property that has service and a separate irrigation
meter. The irrigation meter may not be used for the new residence and the impact fee for a new
base, %" x 5/8" meter is $ I ,866. All permit and service fees apply.
4.5 Existing Home Is Rebuilt
If an existing home has an irrigation meter that is larger than the residence meter, and the existing home is
tom down or rebuilt, the meter usage maybe reversed, and so identified, at no additional cost.
Note: There is no additional cost due to the fact the impact fees associated with the normal increase in
Living Unit Equivalents (LUE's) have been paid. The meter that was connected to the residence will now
be identified as irrigation for the purposes of billing and future use.
5 IMPACT TO EXISTING WATER SERVICE AND IMPACT FEES
The impact to the existing water service infrastructure will be negligible at most. With Colleyville being an
established community that is quickly reaching build out, water usage based on historical data is well
known for the existing homes. As most homes are locate within an existing subdivision the ]ikelihood of
changes in external irrigation habits. that significantly increase usage, as the result of installation ofa
Chapter 13 -Impact Fees
Page 7
separate meter, is highly unlikely. The likelihood that a change of occupancy ofa home, is going to
. significantly impact usage on an existing residence, is very low. As a result, where existing homes, on
larger lots, are tom down and luxury homes are built, the water consumption ofa couple residing within a
2,000 sq. ft home versus a family of six (6) in a 10,000 sq. ft home is minimal. Projections are made based
on the meter size potential. Since the old and new home both use a base meter size of ';." by 5/8" the
projections for water service requirements, would remain the same.
As the "footprint" of the home increases, as well as the driveway, sitting and patio areas, the amount of
area to be irrigated decreases. Please note that many homes within Colleyville have existing wells and
many of the new luxury homes being built on larger lots, are opting to install or currently have shallow
wells.
It is important to note that most future housing development is planned for subdivisions thus limiting the
request/need for separate irrigation meters. Separate or upgraded meters still carry the existing permit and
service fees and ALL request for meters greater than the base oP/." x 5/8", will require an impact fee.
6 SUMMARY
In summary it is not anticipated that the request for separate meters will be significant. The increased
number of meters to existing residence will have a negligible impact at most. As for ALL other scenarios,
both current and future, the impact, as represented by the impact fee structure, remains the same.
However these changes have removed the possibility of misuse not addressed in our current city ordinance.
They also maintain the existing model of investment recovery for new development and increased demand
through meter upgrades in both the residence and irrigation.
It is further more suggested that this ordinance be adopted and monitored for a period of six (6) to twelve
(12) months. The City reserves the right to re-institute the impact fees while maintaining some or all of the
other modifications.
Please let me know if there are any questions, concerns, or comments.
Regards
Grady Walker
(w) 972-497-2594
(h) 817-498-6402
grady _ walker@hp.com
Chapter 13 -Impact Fees
Page 8
Irrigation Meters by Surrounding Cities
The following information details the cost and/or restrictions, involved with
obtaining a irrigation meter for surrounding cities:
CITY Max Permit Service Impact Total
Meter Fee Charge Fee Cost
Size
Richardson 1". 25 525 0 550
Dallas 1". 0 1,315 0 1,315
Grapevine 31/' 0 Yes" 0 ..
Southlake 3/4" Yes". Yes." Yes..* 4,600
Garland 3//' 12.75 1,700 0 1,712.75
Note:
*
*.
Maximum meter size for irrigation is 1"
Grapevine only charges a service charge. The service
charge is actual.
Southlake's model is that ofColleyville's
...
CITY COUNCIL cc~n", AGENDA BRIEFING
1"l');~$
MEETING DATE: ! 11/04/03 CITY MANAGER
ITEM # : PC-2 DEPARTMENT HEAD!
FINANCE REVIEW N/A
Previous Action: None
DEPARTMENT: FINANCE
SUBJECT: Discussion of Conversion of Financial Statements to
GASB 34 basis
For fiscal year ended September 30, 2003, the City's financial records will fall under the
requirements of GASB 34, which provides a new framework for state and local government
financial reporting. This new financial reporting model comes closer to replicating for-profit
financial reporting. Finance Director, Terry Leake, will give a brief presentation regarding the
steps that the City has taken to meet the GASB 34 requirements
PRE-COUNCIL
t/V,~
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7"L'X"S
MEETING DATE: :
ITEM#: I
11/04/03
PC-3
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT : Discussion of the November 4, 2003 City Council
regular agenda items
This item provides the opportunity for the City Council to discuss the regular City Council
agenda items.
CITY COUNCIL
cc~'" AGENDA BRIEFING
it,...: ,,$
MEETING DATE:
ITEM#:
RESOLUTION #:
11/04/03
1
N/A
CITY MANAGER i
;
DEPARTMENT HEAD i
,
;
FINANCE REVIEW !
;
N/A
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Executive Session - In accordance with Texas
Government Code Chapter 551, Subchapter D
EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551,
Subchapter D
Sec. 551.071 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
CITY COUNCIL
~'" AGENDA BRIEFING
1(,":1;;'\$
MEETING DATE: l
ITEM#:
RESOLUTION #: ;
11/04/03
2
N/A
CITY MANAGER '
DEPARTMENT HEAD l
FINANCE REVIEW I
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: CORRESPONDENCE, MISCELLANEOUS
REPORTS OF MEETINGS ATTENDED BY THE
COUNCIL AND CITY OFFICIALS AND
ANNOUNCEMENTS, PROCLAMATIONS OR
PRESENT A TIONS
RECOGNITION
In recognition of the Colleyville Soccer Association for the donation
of $54,494 for soccer field lighting - John Grace, President,
Colleyville Soccer Association
PROCLAMATION.
In recognition of November 8, 2003, as World Town Planning Day
in the City of Colleyville - Jeff Wall, Chairman, Planning and Zoning
Commission
roclamation
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"
CITY OF
Colleyville,
Texas
WHEREAS: November 8,2003, of each year has been celebrated
as World Town Planning Day in many countries since its inception in 1949; and
WHEREAS, the American Planning Association and the American Institute of Certified Planners
(AICP), the Professional Institute of the American Planning Association endorse
World Town Planning Day as an opportunity to highlight the contributions sound
planning makes to the quality of our settlements and environment, and to celebrate
American accomplishments in making collective decisions conceming our cities and
regions that bring quality and meaning to our lives; and
WHEREAS, the celebration of World Town Planning Day gives us the opportunity to publicly
recognize the participation and dedication of the members of planning commissions
and other citizen planners who have contributed their time and expertise to the
improvement of Colleyville. Te.l~as;aml'-:"
",,- '-
.... ~ "...,
~,
WHEREAS, we recognize the manyvatoable m;made by professional community and
reg!9!)al pl~nne/1;'Of1he'etty afCot ~and extend our heartfelt thanks for
their ccirltinued..;p'~milifiefiEIcr.j;)iib ___' --::::" _.,..;," "
~::"-?c7; ~Jt: :~~-~:~;c;J:~ ~~~0?!~'~~"~S
NOW, THEREFORE, I, ...oEltOCU:rr~p!fOF;T.HI!!'ciT:YOF_COLLEYVILLE.TEXAS, on
" behalf of the,Colleyville~Council and the citizens Of Colleyville, do hereby
. prOaaimNove'~rJU09.~. a:;,,,'''''-___"""''''1
'li(~~~~L,/: .,^;' ~~:_'!i:!':i;".~;;:~..,,,,,y!'\o-,,",~,, ..;;."
COMMUNii:'( ~!'IDR~GI6NA~!,i.ANNING DAY
.---.---
in the City of Colleyville, Texasfin conjunction with the worldwide celebration of
World Town Planning Day.
IN WITNESS WHEREOF, I do hereby set my hand and seal of the City of Colleyville, Texas, affixed
this 4th day of November 2003.
RESOLUTION R-03-2250
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF NOVEMBER 4, 2003
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 October 21,2003,
are hereby approved.
b.
THAT the minutes of the Joint City Council and Economic Development
Task Force Worksession of October 15, 2003, are hereby approved.
c.
THAT the minutes of the Joint City Council and Economic Development
Task Force Worksession of October 22,2003, are hereby approved.
d.
THAT the disposal of surplus vehicles and equipment, is hereby approved.
e.
THAT the setting of asset capitalization threshold at $5,000 for GASB 34
basis, is hereby approved.
AND IT IS SO RESOLVED.
AYES,
DAY OF
NAYS AND
APPROVED BY A VOTE OF
ABSTENTIONS ON THIS THE
2003.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
The Pre Council meeting of the Colleyville City Council was called to order by Mayor
Hocutt on October 21, 2003, at 5: 15 p.m.
ROLL CALL:
Council persons Mark Skinner, Elaine Dolan, Rich Hendler, and Jon
Ayers were present. Mayor Joe Hocutt, City Manager Bill Lindley,
Deputy City Manager Dianne McWethy, Finance Director Terry
Leake, Public Works Director Keith Fisher, Community
Development Director Barry LeBaron, Community Development
Manager Clayton Husband, Parks and Recreation Director Monica
Walsh, CirculationlTechnical Services Librarian Matt Denton,
Financial Analyst Collin Boothe, Assistant to the City Manager
Cindy Martin and City Secretary Cynthia Singleton were also
present.
Mayor Pro Tem Ginny Tigue arrived at 5:20 p.m.
City Manager Bill Lindley announced that Developer Charles Hodges and Lifetime
Fitness representatives are moving forward on an anticipated closing by the first week
of November. The City is currently pre-certifying completed construction developments
related to the project. Consequently, a letter, previously distributed to Council, which
outlines the payment process for reimbursing Lifetime Fitness the Tax Increment
Financing funds, for items completed to date by the developer, is being provided to
Council. Mr. Lindley announced this is a time for celebration and commended
Councilmembers and staff for bringing this to fruition.
PC-1. Discussion of an amendment to Chapter 7 - Sign Regulations of the Colleyville
Land Development Code, Case G-03-01 0
Community Development Director Barry LeBaron provided an overview of the types of
signs.
Discussion ensued regarding monument signs and temporary signs and the permit and
fee structure.
Council requested that the following changes be made to the sign regulations.
CITY COUNCIL MINUTES
OCTOBER 21, 2003
Section 7-190 Temporary Signs:
A. Agricultural Signs shall have a maximum height of eight (8) feet.
B. Community Special Event Signs - Add places of worship and other non-profit
organizations
C. Construction Trade Signs - Maximum Area - 64 square feet
D. Development Signs - Maximum Area - 64 square feet
J. Real Estate Signs (Commercial) - Maximum Area - 64 square feet
L.2.a. Flexible Banner Signs - A flexible banner sign must be affixed to real property.
PC-2. Discussion of the October 21 2003, City Council regular agenda items
There was general discussion regarding the City Council regular agenda items.
There being no further business, Mayor Hocutt declared the meeting adjourned at 6:26
p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt
on October 7,2003, at 6:51 p.m.
ROLL CALL:
Councilpersons Mark Skinner, Elaine Dolan, Rich Hendler, Jon
Ayers and Mayor Pro Tem Ginny Tigue were present. Mayor Joe
Hocutt, City Manager Bill Lindley, Deputy City Manager Dianne
McWethy, Finance Director Terry Leake, Public Works Director
Keith Fisher, Community Development Director Barry LeBaron,
Community Development Manager Clayton Husband, Parks and
Recreation Director Monica Walsh, Parks Superintendent Tim
Hightshoe, CirculationlTechnical Services Librarian Matt Denton,
Financial Analyst Collin Boothe, Assistant to the City Manager
Cindy Martin and City Secretary Cynthia Singleton were also
present.
Mayor Hocutt explained that the Executive Session had been called in accordance with
the Texas Government Code Chapter 551, Subchapter D, Section 551.071 - Legal,
Section 551.072 - Property Acquisition, and Section 551.074 - Personnel. He further
explained that there would be no decisions made or action taken during this time. The
meeting was recessed at 6:52 p.m. and reconvened at 7:30 p.m.
The invocation was given by Neda Moayad of Colleyville Baha'i Community and Ross
Foster led the Pledge of Allegiance.
2
CITY COUNCIL MINUTES
OCTOBER 21, 2003
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.071 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS
Councilman Hendler expressed appreciation to the citizens for their participation in the
Colleyville Proud event.
Councilman Dolan congratulated Ms. Susan Foster for receiving the Legacy of Women
award for her work in the Cannon Summer Reading Club.
Mayor Hocutt presented a Proclamation to Ms. Deanne Ayers for service on the
Metroport Teen Court Advisory Board.
Mayor Hocutt commended Mr. Ron Sturgeon, who could not attend the meeting, for his
service on the Zoning Board of Adjustment.
Mayor Hocutt presented a Proclamation in recognition of the Colleyville Fire and Parks
and Recreation Department's staff for providing exemplary service in assisting with the
delivery of a filly, Laser Tag, owned by Linda and Trip Baker.
Friends of the Colleyville Public Library President Carol Wollin and officers presented a
donation of $15,000 for software and story hour program equipment for the Colleyville
Public Library to Library Director Mary Rodne.
Friends of the Colleyville Public Library President Carol Wollin and 1992 Officers Ellen
Kelly and Rosemary Fitch presented a donation of $16,999.75 for audio visual
equipment for the Colleyville Public Library to Library Director Mary Rodne.
Ms. Carol Wollin announced that Friends of the Library had previously donated $25,000
received from a Verizon Technology Grant and that the Library will receive a Literacy
Grant, in the amount of $21,730.
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-03-2241 - Consent Items:
a. Approval of minutes of the regular City Council meeting of October 7,
2003
3
CITY COUNCIL MINUTES
OCTOBER 21, 2003
b. Approval of minutes of the Joint City Council and Economic Development
Task Force Worksession of September 24,2003
c. Approval of minutes of the Joint City Council and Economic Development
Task Force Worksession of October 1, 2003
d. Approval of minutes of the City Council Worksession of October 4, 2003
e. Approval of the FY2004 Agency Agreements including the Arts Council of
Northeast Tarrant County, Alliance for Children, Women's Haven,
Colleyville Heritage High School (CHHS), Grapevine High School (GHS),
Keller High School (KHS), Metroport Meals on Wheels (MMOW),
Colleyville Area Chamber of Commerce, Tarrant County Youth Recovery
Campus, Colleyville Proud, Grapevine Relief and Community Exchange
(GRACE) and the Women's Shelter
f. Approval of the amendment to the Employment Agreement between the
City of Colleyville and the City Manager
g. Approval of Professional Turf Products Buy Board Quote for a Toro
Groundsmaster 4500 D mower, in the amount of $39,999
Mayor Hocutt opened the public hearing and read Resolution R-03-2241 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Councilman Dolan requested that Items e., f. and g. be removed and considered under
the ending Resolution R-03-2249.
Mayor Pro Tem Tigue moved to approve Resolution R-03-2241 excluding e., f. and g.
Councilman Ayers seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Ayers, Hendler and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1416 -
Approval of a Zoning Change from AG to PUD-C on 4.307 acres located at 6521
Colleyville Boulevard, Case Z-03-015
4
CITY COUNCIL MINUTES
OCTOBER 21, 2003
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1416.
Mr. Kenneth McEntire, 6608 Baker Court, spoke in opposition to the proposed
Ordinance and regarding the use of the property.
Mr. Casey Haun, P.O. Box 1662, Colleyville, spoke in favor of the proposed Ordinance.
Mr. John Paul Burnett, 601 Beverly, spoke in favor of proposed Ordinance 0-03-1416
and spoke regarding the current businesses on the property.
Mr. David Gardner, 5017 Bluebonnet, spoke in favor of the proposed Ordinance 0-03-
1416 and regarding Mr. Gardner's automotive business.
Mr. Gregg Flowers, 6614 McMakin Court, spoke regarding the proposed zoning,
meeting with the applicant and the future zoning of the property.
Ms. Kathy Hays-Stang, 5812 Bransford Road, spoke regarding potential buyers of
property being aware of zoning prior to purchase.
Mr. Kurt Kauffman, 1208 John McCain, spoke in favor of the proposed Ordinance.
Ms. Antionetta Mooney, 404 Oak Valley Drive, spoke in favor of the proposed
ordinance.
Mr. Swift Lindley, 2002 Kyle Court, spoke in favor of the proposed ordinance.
Mr. Dave Dudziak, 2301 Wilkes Court, spoke regarding meetings between the applicant
and neighbors, points of agreement and requested that the item be tabled for additional
time for resolution.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Ms. Janis Hodges, 805 Beverly, applicant, was present to answer questions of the
Council.
Mayor Pro Tem Tigue stated that she received an email from Mr. and Mrs. Jim
Hampton, which stated that although they could not attend the meeting, they were in
favor of the proposed ordinance.
Discussion ensued regarding types of zoning.
Councilman Ayers moved to table Ordinance 0-03-1416.
5
CITY COUNCIL MINUTES
OCTOBER 21, 2003
Mayor Pro Tem Tigue seconded the motion.
Mayor Hocutt requested that the item remain tabled until the applicant requests that the
item be placed on the agenda.
Councilman Skinner called the question.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt requested that property owners within 200 feet be notified when the item
is placed on a future agenda.
Mayor Hocutt declared the motion carried.
5. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1424 -
Approval of a Zoning Change from CC2 to PUD-R on 7.160 acres located in the
4300 block of Brown Trail on the west side of the street, Case Z-03-018
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1424.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mr. Larry Cole, applicant, was present to answer questions of the Council.
Discussion ensued regarding side setbacks and commercial property.
Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1424.
Councilman Skinner seconded the motion.
Ayes: Councilpersons Skinner, Ayers and Mayor Pro Tem Tigue
Nays: Council persons Dolan and Hendler
Mayor Hocutt declared the motion carried.
6. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1425 -
Approval of a Zoning Change from R20 to RE on 10.943 acres located at the
north end of Cedar Court and Jo Will Court, Case Z-02-021
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1425.
6
CITY COUNCIL MINUTES
OCTOBER 21, 2003
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Public Works Director Keith Fisher provided information regarding drainage issues.
Councilman Skinner moved to approve Ordinance 0-03-1425.
Councilman Ayers seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
7. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1426 -
Approval of a Zoning Change from R40 and R20 to R30 on 9.56 acres located at
2113 Glade Road and 4800 Bill Simmons Road, Case Z-03-023
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1426.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mr. Barry Mitchum 1324 Lookout Court, Grapevine, Texas, applicant, was present to
answer questions of the Council.
Mayor Pro Tem Tigue moved approve Ordinance 0-03-1426.
Councilman Ayers seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
8. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1427 -
Approval of City Developer Agreement with Westgate Villas, Ltd., for Rosewood
Villas
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1427.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
7
CITY COUNCIL MINUTES
OCTOBER 21, 2003
Mr. Raman Chandler, applicant requested that the item be tabled for future
consideration.
Councilman Skinner moved to table Ordinance 0-03-1427.
Councilman Ayers seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
9. READING AND PUBLIC HEARING - Resolution R-03-2242 - To override the
Mayor's veto of Resolution R-03-2228, appointing members to the Planning and
Zoning Commission
Mayor Hocutt opened the public hearing and read Resolution R-03-2242 in its entirety.
Mr. David Fink, 6400 Ponderosa, spoke in favor of the proposed Resolution and
regarding the reasons and method of filing the veto.
Mr. Dave Dudziak, 2301 Wilkes Court, spoke in favor of the proposed Resolution and
regarding the development of Kimzey Park and his service to the community.
Mr. Rich Munson, 1905 Hall Johnson Road, spoke in opposition to the proposed
Resolution and regarding his service to the City and the construction of Hall Johnson
Road.
Mr. Clifford Holliday, 2712 Meadowview Drive, spoke in favor of the proposed
Resolution and regarding the effect of the veto on the economic development of the
City.
Mr. Steven Knight, 3917 Felps Court, spoke in opposition to the proposed Resolution.
Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution.
Mr. Tom Pitts, 3605 Wexford Court, spoke in opposition to the proposed Resolution.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
8
CITY COUNCIL MINUTES
OCTOBER 21, 2003
Mayor Hocutt ask City Attorney Ross Foster, "Can the City Council make appointments
other than by an ordinance or resolution". City Attorney Ross Foster responded, "No,
the Charter requires that all official action of the City Council either be by resolution or
ordinance".
Mayor Hocutt asked City Attorney Ross Foster, "What authority does the Mayor have to
veto an appointment since the City Council made the appointment pursuant to the
adoption of the Rules and Procedure". City Attorney Ross Foster responded, "As I said,
the City Charter requires all official action to be taken by ordinance or resolution; official
action was taken by resolution, and under the Charter, the Mayor has the authority to
veto the resolution".
Mayor Hocutt asked City Attorney Ross Foster, "How does the Mayor have the authority
to veto the appointment when Section 7.3d of Resolution R-90-612, states the
nominees receiving the majority of votes is declared the winner and will be appointed to
fill the vacant position". City Attorney Ross Foster responded, "The Council adopted a
procedural resolution to the extent that it conflicts with the Charter, it is invalid, you have
to follow the Charter in order to take official action".
Councilman Skinner asked City Attorney Ross Foster, "In regards to the official
notification to City Secretary Cynthia Singleton, I am looking at a copy of Mayor Hocutt's
letter, it is addressed to Cynthia Singleton and City Council and it does not specifically
reference her as City Secretary, is this in fact a valid notification". City Attorney Ross
Foster responded, "In my opinion, yes".
Mayor Hocutt read the statement that accompanied the veto of Resolution R-03-2242
and spoke regarding the reasons for the veto.
Discussion ensued regarding board, committee, commission appointments, interview
process, political process, reasons for support of the veto and reasons for override of
the veto.
Councilman Ayers moved to approve Resolution R-03-2242.
Councilman Hendler seconded the motion.
Ayes: Councilpersons Dolan, Hendler and Ayers
Nays: Councilman Skinner and Mayor Pro Tem Tigue
Mayor Hocutt declared the motion denied.
9
CITY COUNCIL MINUTES
OCTOBER 21, 2003
10. READING AND PUBLIC HEARING - Resolution R-03-2243 - To override the
Mayor's veto of Resolution R-03-2230, appointing members to the Colleyville
Economic Development Corporation Board of Directors
Mayor Hocutt opened the public hearing and read Resolution R-03-2243 in its entirety.
Mr. Peggy Dennie, 200 Cheek Sparger, spoke in favor of the proposed Resolution.
Mr. Paul Dennie, 200 Cheek Sparger, spoke in favor of the proposed of the Resolution.
Mr. Victor Dupuy, 6807 Fallbrook Court, spoke regarding membership on the Economic
Development Task Force and economic development.
Mr. Rich Munson, 1905 Hall Johnson Road, spoke regarding the effectiveness of the
Council, and in opposition to the proposed Resolution.
Mr. Steven Knight, 3917 Felps Court, spoke in opposition to the proposed Resolution.
Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Discussion ensued regarding the future, unity and progress of the City.
Councilman Dolan moved to approve Resolution R-03-2243.
Councilman Ayers seconded the motion.
Ayes: Councilpersons Dolan, Hendler and Ayers
Nays: Councilman Skinner and Mayor Pro Tem Tigue
Mayor Hocutt declared the motion denied.
Mayor Hocutt recessed the meeting at 9:55 p.m. and reconvened at 10:13 p.m.
11. READING AND PUBLIC HEARING - Resolution R-03-2244 - Consideration of
appointments to the Planning and Zoning Commission
Mayor Hocutt opened the public hearing and read Resolution R-03-2244 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
10
CITY COUNCIL MINUTES
OCTOBER 21, 2003
Discussion ensued regarding process for making appointments to the Planning and
Zoning Commission.
Mayor Hocutt called for nominations for Place 5.
Councilman Hendler nominated Luann Edwards.
Mayor Pro Tem Tigue nominated Mark Jones.
Mayor Hocutt called for the vote.
Luann Edwards:
Mark Jones:
Council persons Skinner, Dolan, Hendler and Ayers
Mayor Pro Tem Tigue
Mayor Hocutt declared Luann Edwards appointed to Place 5.
Mayor Hocutt called for nominations for Place 6.
Councilman Ayers nominated Tom Hart.
Mayor Pro Tem Tigue nominated Mark Jones.
Tom Hart: Councilpersons Skinner, Dolan, Hendler and Ayers
Mark Jones: Mayor Pro Tem Tigue
Mayor Hocutt declared Tom Hart appointed to Place 6.
Mayor Hocutt called for nominations for Place 7.
Mayor Pro Tem Tigue nominated Jo Ann Gasper.
Councilman Dolan nominated Dave Dudziak.
Mayor Hocutt nominated Michael Brady.
Mayor Hocutt called for the vote.
Jo Ann Gasper:
Dave Dudziak:
Mayor Pro T em Tigue
Council persons Dolan, Hendler and Ayers
Mayor Hocutt declared Dave Dudziak appointed to Place 7.
Councilman Hendler moved to approve Resolution R-03-2244
Councilman Ayers seconded the motion.
11
CITY COUNCIL MINUTES
OCTOBER 21, 2003
Ayes: Councilpersons Dolan, Hendler, Ayers and Skinner
Nays: Mayor Pro Tem Tigue
Mayor Hocutt declared the motion approved.
12. READING AND PUBLIC HEARING - Resolution R-03-2245 - Consideration
of appointments to the Colleyville Economic Development Corporation Board of
Directors
Mayor Hocutt opened the public hearing and read Resolution R-03-2245 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mayor Hocutt called for nominations for the first position.
Mayor Hocutt nominated Janice Cole.
Councilman Hendler nominated Donna O'Brien.
Donna O'Brien: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem
Tigue
Mayor Hocutt declared Donna O'Brien appointed to the first position.
Mayor Hocutt called for nominations for the second postion.
Mayor Hocutt nominated Janice Cole.
Councilman Ayers nominated Lee Skaalrud.
Janice Cole:
Lee Skaalrud:
Mayor Pro Tem Tigue
Councilpersons Skinner, Dolan, Hendler and Ayers
Mayor Hocutt declared Lee Skaalrud appointed to the second position.
Mayor Hocutt called for nominations for the third position.
Councilman Dolan nominated Richard Newton.
Mayor Pro Tem Tigue nominated Janice Cole.
Mayor Hocutt called for the vote.
12
CITY COUNCIL MINUTES
OCTOBER 21, 2003
Richard Newton:
Janice Cole:
Councilpersons Dolan, Hendler and Ayers
Council person Skinner and Mayor Pro Tem Tigue
Mayor Hocutt declared Richard Newton appointed to the third position.
Councilman Hendler moved to approved Resolution R-03-2245.
Councilman Dolan seconded the motion.
Ayes: Councilpersons Dolan, Hendler, and Ayers
Nays: Councilman Skinner and Mayor Pro Tem Tigue
Mayor Hocutt declared the motion approved.
13. READING AND PUBLIC HEARING - Resolution R-03-2246 - Consideration of
appointments to the Traffic Safety Task Force
Mayor Hocutt opened the public hearing and read Resolution R-03-2246 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Councilman Ayers moved to approve Resolution R-03-2246 appointing Jonathan
Leding, Steven Knight and Bill Hodges to the Traffic Safety Task Force.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
14. READING AND PUBLIC HEARING - Resolution R-03-2247 - Approval of a
Final Plat of Parker Place (formerly Old Grove), 45.459 acres located west of the
Westmont Addition, southwest of John McCain Road, Case P-03-019
Mayor Hocutt opened the public hearing and read Resolution R-03-2247 in its entirety.
Carl Parker, 105 John McCain Road, spoke in opposition to Resolution R-03-2247
Ms. Beth Battles, 101 John McCain Road, spoke regarding the subdivision name
change, drainage and traffic flow.
13
CITY COUNCIL MINUTES
OCTOBER 21, 2003
Ms. Roxanne Jones, 104 John McCain Road, spoke regarding the right of way and
drainage.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mr. Eddie Eckert, representing the applicant, was present to answer questions of the
Council.
Mr. Josh Imhoff, 200 Crescent Court, Dallas, Texas, representing the applicant, was
present to answer questions of the Council.
Discussion ensued regarding right of way, prescriptive easement, street names and
intersection configuration.
Councilman Ayers requested that City Attorney Ross Foster state the options available
to Council with respect to the proposed plat.
City Attorney Ross Foster stated, "This plat differs from the typical plat. Typically the
rule is if a plat meets the development regulations of a City, the City Council is required
to approve the plat. In this particular zoning case, part of the zoning ordinance provided
that the City Council would exercise complete discretion in determining whether or not
to approve the plat, so long as the condition that they objected to is not a condition that
was adopted as part of the zoning ordinance. So in this particular situation, the Council
has about the same authority as you would have had if you were looking at a site plan in
a deed. So, essentially, the Council can deny the plat if you don't like the way the
streets are set up; for almost any reason, other than a reason prohibited by the zoning
ordinance itself'.
Public Works Director Keith Fisher stated that an independent third party surveyor
determined that the road is being built within the City right of way.
Councilman Hocutt requested that an engineering study be conducted regarding the
drainage prior to approval of the final plat.
Councilman Ayers moved to deny Resolution R-03-2247 without prejudice.
Councilman Skinner seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
14
CITY COUNCIL MINUTES
OCTOBER 21, 2003
15. READING AND PUBLIC HEARING - Resolution R-03-2248 - Approval of a
lease agreement with ImageNet Office Solutions for a digital copier
Mayor Hocutt opened the public hearing and read Resolution R-03-2248 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Councilman Ayers moved to approve Resolution R-03-2248.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
TABLED ITEM:
16. CONSIDERATION OF ORDINANCE 0-03-1413 - Approval of granting to
Com cast Cable of Texas II, Inc., (formerly AT&T Broadband) a cable television
franchise for constructing, maintaining, operating and providing cable television
service in the City
Mr. Joe Deupree, 5101 Montclair, spoke regarding performance parameters for internet
service and franchise fees and cable service, telecommunication service and the length
of the contract.
Deputy City Manager Dianne McWethy provided information related to cable franchise
fees, subscriber fees and internet service.
Mr. Clem Maddox, Comcast was present to answer questions of the Council regarding
video and internet service.
Discussion ensued regarding technological advances and future franchise fee
opportunities
Councilman Skinner moved to suspend the rules to allow citizens to speak.
Councilman Ayers seconded the motion.
Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
15
CITY COUNCIL MINUTES
OCTOBER 21, 2003
Mr. Joe Deupree, 5101 Montclair, spoke regarding internet service and performance
standards.
Discussion ensued regarding length of contract.
Mayor Pro Tem Tigue moved to approve Ordinance 0-03-1413 an amendment to
Section 17.01 adding the following: Notwithstanding any other provision in this
Franchise, in the event the percentage of Gross Revenue which the City may assess
the Grantee is increased by federal law, that increase would automatically be included
in all subsequent payments tot the City with the increase accruing from the effective
date of such an increase.
Councilman Dolan seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Ayers and Mayor Pro Tem Tigue
Nays: Councilman Hendler
Mayor Hocutt declared the motion carried.
STAFF REPORTS:
17. MONTHLY FINANCIAL REPORT
Discussion ensued regarding ending cash balance.
CITIZEN COMMENTS:
18. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Mr. Dave Dudziak, 2301 Wilkes Court, expressed gratitude to Monica Walsh and the
Parks and Recreation staff for assistance with Octoberfest at Kimzey Park.
Ms. Janet Douglass, 4600 E. Jim Mitchell Trail, spoke regarding witchcraft and voodoo
activities in her neighborhood and the desire for an ordinance to address covert
terrorism and religious persecution.
ACTION/RESOLUTION:
19. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF OCTOBER 21, 2003 .
Reading and Public Hearing - Resolution R-03-2249
Mayor Hocutt opened the public hearing and read Resolution R-03-2249 in its entirety.
16
CITY COUNCIL MINUTES
OCTOBER 21, 2003
There was no one present wishing to speak and Mayor Hocutt closed the public
hearing.
Discussion ensued regarding Agency Contracts, the terms of the City Manager's
employment contract and the type of mower and funding.
Mayor Pro Tem Tigue moved to approve Resolution 03-2249.
Councilman Ayers seconded the motion.
Mayor Hocutt declared the motion approved.
ADJOURNMENT:
20. ADJOURNMENT
There being no further business before the City Council, Councilman Ayers moved to
adjourn.
Councilman Dolan seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the meeting adjourned at 11 :45 p.m.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2003, BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Cynthia Singleton, TRMC
City Secretary
17
MINUTES OF THE JOINT CITY
COUNCIL AND ECONOMIC DEVELOPMENT TASK FORCE
WORKSESSION
OCTOBER 15,2003
The meeting of the Colleyville City Council and Economic Development Task
Force was called to order by Victor Dupuy on October 15, 2003, at 6:37 p.m.
ROLL CALL:
Economic Development Task Force members present were
Chair Mark Howe, Victor Dupuy, John Grace, Ray Spoth,
Steve Ewing, Mark McLeod and Tom Lisle.
Theresa Rutherford and Bob Hill were absent.
Adjunct Members present included Ed Moore, Lisa Kenney,
Robert Bruton, Mike Taylor, Jody Short, Cliff Holliday, Mark
Jones, Jim Moore, Nelson Thibodeaux, Tom Gardner, Tom
Miller, Dave Dudziak, and John Lynch.
City Council members present were Mayor Joe Hocutt and
Councilman Rich Hendler.
Ed Baker also attended the meeting.
City staff present were City Manager Bill Lindley and
Records Management Coordinator Nicole Minder.
II. Approval of October 8, 2003 Minutes
John Grace moved to approve the minutes of the October 8, 2003.
Steve Ewing seconded the motion.
Ayes: Chair Mark Howe, Victor Dupuy, John Grace, Ray Spoth, Steve Ewing,
Mark McLeod and Tom Lisle
Nays: None
Chair Mark Howe declared the motion approved.
JOINT CITY COUNCIL AND ECONOMIC
DEVELOPMENT TASK FORCE MINUTES
OCTOBER 15, 2003
III. Reports
Subcommittee Reports
Marketing Subcommittee - Mark McLeod stated that the committee had broken
into two teams, Team 26 and Team Colleyville. He stated that the committee
has four major points that they are currently discussing. The major points are
image, message, audience, and tools. Mr. McLeod briefly discussed each of the
four points and concluded that the subcommittee will be meeting again soon.
Commercial and Residential Development Subcommittee - Stephen Ewing
stated that the subcommittee had nothing to report. He also stated that the
subcommittee would be meeting again tonight.
City Ordinances and Policies Subcommittee - John Grace stated that the
subcommittee had prepared comments for the Task Force to review regarding
the Land Development Code, non-conformity, exit interviews with former
Colleyville businesses, and City Council terms of office. He also stated that the
subcommittee would finalize their TIF comments tonight.
Cliff Holiday stated that he would like the Preliminary Report given last week by
the subcommittee regarding the Colleyville Master Plan to be attached to the
October 8, 2003 minutes.
IV. Identify agenda items for the next meeting
The Task Force identified no additional items. There was general discussion
related to the subcommittee meetings. The Task Force will meet next
Wednesday, October 22, 2003 at 6:30 p.m. at the Colleyville Center.
V. Citizen Comments
Ed Moore stated that he did not know the difference between the Colleyville
Economic Development Corporation and the Economic Development Task
Force. City Manager Bill Lindley lead a brief discussion explaining the Colleyville
Economic Development Corporation and stated that there are two types of
corporations, 4A and 4B Corporations. Councilman Rich Hendler also discussed
the purpose of the Colleyville Economic Development Corporation.
Robert Bruton stated that the Colleyville Economic Development Corporation
should be renamed to two separate committee names.
2
JOINT CITY COUNCIL AND ECONOMIC
DEVELOPMENT TASK FORCE MINUTES
OCTOBER 15, 2003
Mayor Hocutt made brief comments regarding the general fund and incentive
policy.
Cliff Holliday submitted a statement to the Task Force regarding the Mayor's veto
of appointments to the Planning and Zoning Commission and the Colleyville
Economic Development Corporation.
There were general comments made regarding the decision that is to be made
by the Ethics Commission.
VI. Adjournment
Steve Ewing moved to adjourn the regular meeting at 7:25 p.m. and meet as
subcommittees.
Victor Dupuy seconded the motion and the motion was approved by
Acclamation.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2003. BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Nicole F. Minder
Records Management Coordinator
3
MINUTES OF THE JOINT CITY
COUNCIL AND ECONOMIC DEVELOPMENT TASK FORCE
WORKSESSION
OCTOBER 22, 2003
The meeting of the Colleyville City Council and Economic Development Task
Force was called to order by Chairman Mark Howe on October 22, 2003, at 6:36
p.m.
ROLL CALL:
Economic Development Task Force members present were
Chair Mark Howe, Victor Dupuy, John Grace, Ray Spoth,
Robert Hill, Mark McLeod, Tom Lisle and Teresa Rutherford.
Stephen Ewing was absent.
Adjunct Members present included Tom Miller, Jim Moore,
Mike Taylor, Ed Havran, Tony Licata, Michael Dunham,
Nelson Thibodeaux, Lisa Kenney, Bob Bruton, Ed Moore
and Earl Swift
Councilman Rich Hendler was present.
City Manager Bill Lindley and City Secretary Cynthia
Singleton were also present.
II. Approval of October 15, 2003 Minutes
Ray Spoth moved to approve the October 15, 2003, minutes with the amendment
that Mark McLeod presented the Marketing Subcommittee report on October 15,
2003.
John Grace moved to approve the October 15, 2003 minutes.
Steve Ewing seconded the motion.
Ayes: Chair Mark Howe, Victor Dupuy, John Grace, Ray Spoth, Mark McLeod,
Teresa Rutherford, Robert Hill and Tom Lisle
Nays: None
Chair Mark Howe declared the motion approved.
JOINT CITY COUNCIL AND ECONOMIC
DEVELOPMENT TASK FORCE MINUTES
OCTOBER 22, 2003
III. Reports
Subcommittee Reports
City Ordinances and Policies Subcommittee - John Grace reported that the
Committee is continuing to review City Ordinances and policies and will present a
report at the October 29, 2003 meeting. Mr. Grace also stated that the
Committee is interested in receiving ideas and suggestions related to this
subject.
Marketing Subcommittee - Bob Hill reported that the Committee will provide
information at the October 29, 2003 meeting. Mr. Hill stated that the Marketing
Subcommittee will meet this evening at the Chamber of Commerce office.
Commercial and Residential Development Subcommittee - Nelson
Thibodeaux reported that the Subcommittee members interviewed commercial
and residential developers and identified and reviewed fourteen points related to
commercial and residential development in Colleyville. The Committee invited
Developer David Bagwell to speak and answer questions of the Task Force.
Mr. David Bagwell provided information and suggestions related to expanding
commercial development in the City and spoke regarding the Land Development
Code and the tax value of residential development.
IV. Identify agenda items for the next meeting
The Task Force identified no additional items. The Task Force will meet
Wednesday, October 29, 2003, at 6:30 p.m. at the Colleyville Center. Chairman
Howe requested that City Manager Bill Lindley provide Task Force members with
studies of Cheeksparger and SH26 and Precinct Line Road.
V. Citizen Comments
There was no one present wishing to speak at this time.
VI. Adjournment
John Grace moved to adjourn the regular meeting.
Ray Spoth seconded the motion and the motion was approved by acclamation.
2
JOINT CITY COUNCIL AND ECONOMIC
DEVELOPMENT TASK FORCE MINUTES
OCTOBER 22, 2003
Chairman Howe adjourned the meeting at 7:25 p.m. and members convened as
subcommittees.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2003, BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Cynthia Singleton, TRMC
City Secretary
3
.'" CITY COUNCIL
.,.c,,",~
AGENDA BRIEFING
;
MEETING DATE: i
ITEM # : j
RESOLUTION # : !
11/04103
3d
R-03-2250
CITY MANAGER I
;
DEPARTMENT HEAD j
FINANCE REVIEW i
Previous Action: None
DEPARTMENT: PUBLIC WORKS
SUBJECT: Approval of the disposal of surplus vehicles and
equipment - by Consent
Reading and Public Hearing
The purchasing manual adopted September 28, 1993, requires the City Council to designate
salvage items or surplus vehicles and equipment before said property can be removed from
inventory and disposed of by public auction or other approved means.
The attached itemized list of vehicles and equipment have already been replaced because of
age, mileage and/or major maintenance problems and are no longer considered serviceable
and are recommended for disposal at public auction.
The public auction is scheduled for November 15, 2003, at Keller Lions Club, 532 Keller
Parkway, Keller, Texas.
Financial Impact
The November 2, 2002, auction provided $8,690.25 in net revenue.
Recommendation
Approval
Attachments
. Surplus vehicle and equipment list
DATE:
October 22,2003
SUBJECT:
Surplus Property
The following vehicles and equipment should be auctioned. The vehicles and equipment
are considered beyond economical repair because of excess mileage, age, or damage. All
have become excess to city needs.
VEHICLE# MAKE
MODEL
148 (PD) Ford 93 Crown Vic
VIN# 2FALP71W7PX145025
175 (PD) Ford 99 Crown Vic
VIN# 2FAFP71W9XX243146
571 (Parks) Chevrolet 901500 PU
VIN# 1GCDC14Z2LZ219663
602 (Drainage) Chevrolet 942500 PU
VI N# 1 GTFC24K8RZ535627
755 (Engr) Ford 92 F150 PU
VIN# 1FTDF15Y3NLA54158
867 (Utility) Sewer trlr. 89 FMC
VIN# TR175772
869 (Utility) Ford (Ext. Cab)93 F250 PU
VIN# 1 FTHX25H8PKA86861
877 (Utility) IH 73600 IH
VIN# 10662CHA16197
3 - All Pro Paint Rigs
1 - 10' paint rig trailer
#504 - 10' trailer
1991
#506 - 16' trailer
1989
MILES
JUSTIFICATION
85,926
Age/Mileage
(Transmission shutters)
96,906
Age/Mileage
84,920
Age/Mileage
(Speedometer broken)
100,356
Age/Mileage
(A1C going out)
107,160
Age/ Mileage
(Will not pass Emissions)
Age/Downtime
113,879
Age/Mileage
48,993
Age/Mileage
machines not used,
not used
not used
not used
1
Computer equipment
8 - personal computers
7 - monitors of various sizes
5 to 7 years old
obsolete or broken
obsolete or broken
obsolete or broken
obsolete or broken
obsolete or broken
obsolete or broken
obsolete or broken
obsolete
1 - NEe laptop
9 - printers of various makes and types
1 - Epson DFX-5000 Printer
1 - Pentium 200 Server/4.3 GIG HD/32MG MEM
2 - boxes miscellaneous computer parts
9 - Softbook Electronic Books
Miscellaneous equipment
13 - picture frames
1 - wooden cash drawer
obsolete
obsolete
2
CITY COUNCIL AGENDA BRIEFING
ITEM # :
RESOLUTION # :
3e
R-03-2250
DEPARTMENT HEA [.
MEETING DATE: ! 11/04/03
Previous Action: None
DEPARTMENT: FINANCE
SUBJECT: Approval of setting asset capitalization threshold at
$5,000 for GASB 34 basis - by Consent
Reading and Public Hearing
For fiscal year ended September 30, 2003, the City's financial records will fall under the
requirements of GASB 34, which provides a new framework for state and local government
financial reporting. This new financial reporting model comes closer to replicating for-profit
financial reporting. One of the requirements of GASB 34, is that depreciation is calculated on
all of the City's assets, rather than only Utility Fund assets. To make this an easier transition
to the new financial model, the City's audit firm, Pattillo, Brown & Hill recommended that the
capitalization threshold for assets be increased to $5,000 from the current level of $500.
Government Finance Officers Association, in the attached policy "Establishing Appropriate
Capitalization Thresholds, also recommends the $5,000 threshold for capitalization. As a point
of reference, the Finance Department will continue to maintain a listing of computer equipment,
furniture, office equipment, and other operational equipment that does not meet the proposed
$5,000 threshold. The items contained on this list will continue to be tagged upon purchase
and inventoried.
Financial Impact
While there is no direct cost associated with this change, the City's fiscal year ended
September 30, 2003 financial statements will look considerably different with the
implementation of GASB 34 and addition of depreciation to the balance sheet.
Recommendation
Approval
Attachments
· Establishing Appropriate Capitalization Thresholds for Tangible Capital Assets _
Government Finance Officers Association
Establishinl! Appropriate Capitalization Thresholds for Tanl!ible Capital Assets
(1997. updated 2001)
Backl!round. The term "capital assets" is used to describe assets that are used in
operations and that have initial lives extending beyond a single reporting period. Capital
assets may be either intangible (e.g., easements, water rights) or tangible (e.g., land,
buildings, building improvements, vehicles, machinery, equipment and infrastructure).
It is incumbent upon public-sector managers to maintain adequate control over all of a
government's resources, including capital assets, to minimize the risk ofloss or misuse.
Not all tangible capital-type items with useful lives extending beyond a single reporting
period are required to be reported in a government's statement of position. Items with
extremely short useful lives (e.g., less than 2 years) or of small monetary value are
properly reported as an "expense" or "expenditure" in the period in which they are
acquired.
When outlays for tangible capital-type items are, in fact, reported on the statement of
position, they are said to be capitalized. The monetary criterion used to determine
whether a given capital asset should be reported on the balance sheet is known as the
"capitalization threshold." A government may establish a single capitalization threshold
for all of its tangible capital assets, or it may establish different capitalization thresholds
for different classes of tangible capital assets.
Capitalization is, of its nature, primarily a financial reporting issue. That is, a
government's principal concern in establishing specific capitalization thresholds ought to
be the anticipated information needs of the users of the government's external financial
reports. While it is essential to maintain control over all of a government's tangible
capital-type items, there exist much more efficient means than capitalization for
accomplishing this objective in the case of a government's smaller tangible capital-type
items. Furthermore, practice has demonstrated that capital asset management systems
that attempt to incorporate data on numerous smaller tangible capital type items are often
costly and difficult to maintain and operate.
Recommendation. The Government Finance Officers Association (GFOA) recommends
that state and local governments consider the following guidelines in establishing
capitalization thresholds for their tangible capital-type items:
1. Tangible capital-type items should only be capitalized only if they have an
estimated useful life of at least two years following the date of acquisition.
2. Capitalization thresholds are best applied to individual items rather than to groups
of similar items (e.g., desks and tables).
3. Infrastructure assets should be treated separately from other capital assets for
purposes of establishing capitalization thresholds. As a general rule, capitalization
thresholds for non-infrastructure items should be designed to encompass approximately
80 percent of a government's total non-infrastructure tangible capital-type items.
4. In no case should a government establish a capitalization threshold of less than
$5,000 for any individual item.
5. In establishing capitalization thresholds, governments that are recipients of federal
awards should be aware of federal requirements that prevent the use of capitalization
thresholds in excess of certain specified maximum amounts (i.e., currently $5,000) for
purposes of federal reimbursement.
6. Governments should exercise control over their noncapitalized tangible capital-
type items by establishing and maintaining adequate control procedures at the
departmental level.
Reference
. Government Fixed Asset Inventory Systems: Establishing, Maintaining and
Accounting, Paul Glick, GFOA, 1987.
CITY COUNCIL
cilYor
CC~D~ AGENDA BRIEFING
Il'.\"S
MEETING DATE:
ITEM # :
ORDINANCE # :
11/04/03
4
0-03-1428
DEPARTMENT HE
Previous Action: none
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of an amendment to Chapter 7 - Sign
Regulations of the Colleyville Land Development
Code, Case G-03-010
First Reading and Public Hearing
Backqround
The City Council discussed this item at the October 21, 2003, Pre-Council meeting and
requested it be placed on the agenda for the November 4, 2003, Pre-Council meeting for
consideration and discussion. The modifications suggested at the Pre-Council meeting are
summarized below.
1. General Business Monument Siqns - The provision which would allow larger lots, such as
those exceeding 250 feet of street frontage, to have additional sign area and height has
been deleted. Approval of the attached draft sign regulations will require all monument
signs (for businesses) to adhere to the same maximum structure size of 112 square feet.
All monument signs (for businesses) will be required to adhere to the maximum sign height
of eight feet.
2. Aqricultural Siqns - Reduced the maximum sign area of 32 square feet to 8 square feet.
The maximum sign height was reduced from 6 feet to 4 feet. A statement was inserted
allowing only one of these signs per lot.
3. Construction Trade Siqns - Reduced the maximum sign area from 96 square feet to 64
square feet.
4. New Development Siqns - Reduced the maximum sign area from 96 square feet to 64
square feet.
5. Commercial Real Estate Siqns - Reduced the maximum sign area from 96 square feet to
64 square feet.
6. Temporary Business Siqns (Banners) - The provision for businesses has been changed to
only allow a flexible banner sign placed flat against the wall of the structure and secured to
the columns of the structure. Freestanding banner signs will no longer be allowed for a
business.
7. Temporary Communitv Special Event Siqns - A new section has been added which
includes all temporary signage allowed for public and semi-public agencies, such as
schools, the chamber of commerce, the City, churches and other places of worship. The
new provision allows places of worship to display freestanding flexible banners for a period
of 30 days, while schools will only be allowed to display a flexible banner for seven days.
8. Weekend Builder / Real Estate Open House Siqns - A separate ordinance is included in
the City Council agenda to establish the annual permit fee of $75.00 to provide for an
annual registration, which allows for the display of Real Estate Open House signs.
Recommendation
Approval
Attachments
· Ordinance 0-03-1428
ORDINANCE 0-03-1428
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING
CHAPTER 7 - SIGN REGULATIONS OF THE LAND DEVELOPMENT CODE;
PROVIDING A SAVINGS CLAUSE; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A PENALTY CLAUSE; AND AUTHORIZING PUBLICATION.
WHEREAS, the City Council of the City of Colleyville approved Ordinance 0-00-1214
on April 18, 2000, to adopt the Land Development Code; and
WHEREAS, the City Council of the City of Colleyville desires to amend certain
portions of the Land Development Code; and
WHEREAS, notice of a public hearing before the City Council was published in a
newspaper of general circulation in Colleyville at least 15 days before
such hearing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec 1.
Sec 2.
Sec 3.
Sec4.
THAT Chapter 7 - Sign Regulations, of the Land Development Code,
as amended, is hereby amended in its entirety to read as shown on
the attached Exhibit "A".
THAT Ordinance 0-00-1214, the Land Development Code, as
amended, shall remain in effect, except where amended by this
ordinance.
THAT it is hereby declared to be the intention of the City Council that
the phrases, clauses, sentences, paragraphs, and sections of this
ordinance are severable, and if any phrase, clause, sentence,
paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgement or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect any of
the remaining phrases, clauses, sentences, paragraphs and sections
of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such
unconstitutional phrase, clause, sentence, paragraph or section.
THAT any person, firm or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
Ord inance 0-03-1428
Page 2 of 2
Sec 5.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2003.
day of
The second reading and public hearing being conducted on the
2003.
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney
Land Development Code (Oct 21 - 03)
City of Colleyville, Texas
Chapt~r7 .....
Sigl1Ri~~l~'
;, ~ ^ .',. :.. .,.,;;':; . " .: . :.,C; "
'::::;:'.;.>;:'
'~$ ..-
Exhibit "A"
The purpose of this Chapter is to establish a comprehensive and balanced system of street graphics to
facilitate an easy and pleasant communication between people and their environment and to avoid the visual
clutter that is potentially harmful to traffic and pedestrian safety, property values, business opportunities, and
community appearance. It is the intent of this Chapter to establish standards, which regulate the design.
construction, location, height, size and maintenance of signs and sign structures by authorizing the use of
street graphics, which are:
A. Compatible with their surroundings;
B. Appropriate to the activity that displays them;
C. Expressive of the identity of individual activities and the community as a whole;
D. Legible in the circumstances in which they are seen; and
E. Protective of property values.
The regulations contained in this Chapter have been adopted under the authority of the following:
A. Chapter 51 - General Powers of Municipalities of the Texas Local Government Code, which authorize a
municipality to adopt ordinances, rules, or police regulation that is for the good government, peace, or for
the trade and cornrnerce of the municipality.
B. The Home Rule Charter of the City of colleyville, which authorize the City Council to exercise all powers
granted to municipalities by the Constitution or the laws of the State of Texas.
l:m
Any person seeking approval of a sign or sign structure inconsistent with this Chapter, rnay request a
variance from, or appeal a decision of an administrative official to the Sign Board of Appeals using the
procedures described in Chapter 1 - General Provisions of this Land Development Code.
The definitions for this Chapter are found in Chapter 2 - Definitions of this Land Development Code.
iIr[~-
The permittee, owner, agent, person or persons having the beneficial use of the property, the owner of the
land or structure on which the sign is located, and the person in charge of erecting the sign are all subject to
the provisions of this Chapter.
Chapter 7 - Sign Regulations
Page 7 - 1
Land Development Code (Oct 2/ . 03)
City of Colleyville, Texas
Ijd-'~'~m
lV~,r"\;;:L4d _ ''''.:'~ . ~.":,.<< .."
;;~Mr>"",J;jX!t<<f ., &' .
Any person, firm or corporation violating any provision of this Chapter shall be guilty of a misdemeanor and
shall be subject to the penalty provision contained in Chapter 1-General Provisions of this Land Development
Code.
The following general conditions shall be applicable to all signs, except where a provision contained
elsewhere in this Chapter specifies a different requirement.
A. Compliance Reauired - No person, firm or corporation shall erect a new sign, or alter an existing sign, or
sign structure, unless said sign conforms to the provisions of this Chapter.
B. Sian Area - No sign shall exceed the maximum area provided for in this Chapter. The sign area
permitted in this Chapter shall apply to the maximum size of a single sign face, except where a provision
allows an alternate method for calculating sign area. When the two faces of a sign are separated by an
angle of twenty (20) degrees or more, the maximum sign area shall be the total of all non-parallel sign
faces.
C. On-Premises Reauirement - All signs shall be located on the same premises where the product or
merchandise being advertised is located, except where a specific provision in this Chapter provides for
off-premises advertising.
D. Maximum Heiaht - No sign shall exceed the maximum height provided for in this Chapter. In determining
the maximum height of a sign, no sign shall be located on a mound where the surrounding grade has
been altered by more than eighteen (18") inches for purposes of artificially increasing the overall height of
a sign above that allowed by the height regulations in this Chapter.
E. Wind Pressure and Dead Load Reauirements - All permanent signs shall be designed and constructed to
withstand a wind pressure of not less than 35 pounds per square foot of area.
F. Sian Contractor Reaistration - It shall be unlawful for any person, firm or corporation to engage in the
business of erecting permanent signs in the city unless such person, firm or corporation is the holder of a
valid registration with the City to perform such work. In extending the rights and privileges of such
registration, the City of colleyville makes no statement of the technical competency of those registered,
and no manner of license is proffered.
G. Enaineerina Reauirements and Construction Standards - The construction of all signs shall comply with
the structural requirements of the City of colleyville Building Code. Where required by the enforcement
official, the construction plans shall be signed and sealed by a professional engineer registered in the
State of Texas. Any electrical installations shall comply with the City of colleyville Electrical Code. No
unfinished metal shall be allowed on the exterior surface of a sign or sign support.
H. Sians in Riaht-of-Wav Prohibited - No sign shall be erected in, extend into or over, a public right-of-way,
except where a provision in this Chapter allows such location, or with the approval by the City Council of
a Right-or-Way Encroachment Agreement.
I. Interference with Safety Provisions - No sign shall be erected in such a manner that any portion of its
surface or supports will interfere with the free ingress or egress of any fire escape, exit, standpipe, or
window, or obstruct any required ventilator or door stairway.
J. Illumination - Illumination of a sign shall only be allowed where a provision contained in this Chapter
allows illumination for a specific sign classification or construction type. No sign located in a residential
zoning district shall be illuminated, except where illumination is provided by a provision in this Chapter.
Such sign illumination shall not produce glare or direct illumination across the property lines of the
premises.
Chapter 7 - Sign Regulations
Page 7 - 2
Lmd Development Code (Oct 21 - OJ)
City of Colleyville, Texas
K. Loss of Required ParkinQ - No sign shall be constructed within the limits of a parking area that results in
a reduction in the number of required parking spaces.
L. SiQns in Planned Unit Developments and property with a Special Use Permit - All signs shall comply with
the regulations in this Chapter, unless an ordinance for a Planned Unit Development (PUD) or a Special
Use Permit (SUP) contains a provision that authorizes a variation from the regulations in this Chapter.
~:::liH~
A. Permit Required - It shall be unlawful for any person to erect a new sign, relocate, enlarge or replace an
existing sign, or sign face, regulated by this Chapter without first obtaining a permit from the Building
Permit Office, except where an exemption is provided for in this Chapter. No permit shall be issued
unless the proposed sign complies with the requirements of this Chapter.
B. Permit Fee - Where a permit is required by this Chapter, no application for a sign permit shall be
approved which is not accompanied by a permit fee in accordance with the applicable fee schedule. Said
fee schedule shall be established by separate ordinance by the City Council. The enforcement official
shall not issue a sign permit to any person who has previously failed or refused to pay any fees or costs
assessed against him under the provisions of this Chapter, until such fees are paid.
C. Application for SiQn Permit - Application for a sign permit shall be made in writing upon forms furnished
by the enforcement official. Such application shall contain sufficient information as determined by the
enforcement official. including plans of the proposed sign, whereby the enforcement official may
determine that the proposed sign is in conformance with the requirements of this Chapter.
D. Permit Expiration - No sign permit shall be valid for more than 180 days from the date of issuance of the
permit, except where a specific time period is provided elsewhere in this Chapter.
E. Temporary SiQn Permit - Where required by this Chapter, a sign permit for a temporary sign shall be valid
only for the period specified by the enforcement official. A temporary sign which has not been removed
on or before the last day authorized by the sign permit shall be deemed a violation of this Chapter.
F. Permit Revocable - The enforcement official may suspend or revoke any sign permit issued in error or on
the basis of incorrect or false information supplied, or whenever such permit was issued in violation of any
provision of this Chapter. Any sign constructed that is the subject of a revoked permit shall be removed
by the person in control of the sign or premises upon which the sign is located within ten (10) days of
written notice of revocation. Notice of revocation shall be deemed to have been received when deposited
in the mail, addressed to the owner of the premises, the owner of the sign, and/or the tenant for whose
benefit the sign is erected as listed on the permit application.
G. Inspections - All signs shall be subject to inspection by the enforcement official. The building official shall
establish inspection procedures and provide copies of such procedures upon request.
H. InvestiQation Fees - Whenever any work for which a permit is required by this Chapter has been
commenced without first obtaining said permit, a special investigation shall be made before a permit may
be issued for such work. An investigation fee, in addition to the permit fee, shall be collected, whether or
not a permit is then or subsequently issued. The investigation fee shall be equal to the amount of the
permit fee.
filll
The following signs or forms of advertising shall be exempt from the regulations contained in this Chapter:
A. Any sign erected by or under the authority of the City of colleyville on property owned by the City of
colleyville.
Chapter 7 - Sign Regulations
Page 7 - 3
Land Development Code (Oct 21 . OJ)
City of Colleyville, Texas
B. Street identification signs, public notices, and warning signs installed by any City, County, State or
Federal agency.
C. Residential nameplates or subdivision identification plaques attached to a perimeter screening wall not
exceeding two (2) square feet in area.
D. Historical markers placed by a city, county, state or national historical preservation organization.
E. Official vehicle inspection station signs, holiday lights and decorations, or works of art.
F. Signs located on-premises or inside a building and which are not displayed so as to be legible from a
public street, including, but not limited to, such signs as credit card decals, hours of operation signs,
emergency contact information, barber poles, etc.
G. On-site traffic control signs on commercial properties, such as Stop, Yield, and similar traffic control signs
containing no commercial message.
H. "No Parking" or "Towing" signs authorized by City Ordinance.
I. "No Dumping Allowed" signs posted to deter illegal dumping.
J. Underground utility warning signs not exceeding one (1) square foot in size and similar safety signs.
K. Signs on railway property, which references the operation of such railway.
L. Security Warning, Neighborhood Watch or Crime Watch signs under two (2) square feet.
M. Flags, emblems and insignia of any governmental body.
N. Corporate flags displayed on a freestanding pole, which do not exceed 35 feet in height. The flag shall
not exceed 32 square feet in area. The flagpole shall be setback a minimum of 20 feet from the front
property line and 8 feet from the side property line.
O. Drive-through menu boards not located in front of the building.
P Scoreboards, including the identification of donors.
A. Permits - A permit shall be required prior to construction of any permanent freestanding sign, except
where an exemption is provided for in these regulations. A permit shall be required for the removal and
replacement of an interchangeable panel for a sign structure designed for such purpose.
B. Certificate of Occupancy Required - No permit for a permanent freestanding sign shall be approved,
except where a business exists with a valid Certificate of Occupancy or where a Certificate of Occupancy
has been submitted for the premises on which the sign is to be located.
C. Construction Standards - The construction of all permanent freestanding signs shall comply with the
structural requirements of the colleyville building code. No permanent wood signs shall be allowed.
D. Illumination - A permanent freestanding sign may be illuminated. All electrical facilities shall require
separate electrical permits and shall be installed in accordance with the City of colleyville electrical code.
Lighting shall be installed so as to avoid any glare or reflection onto adjacent property, or create a traffic
hazard on a public street. When determined necessary by the enforcement official, illuminated signs shall
be shielded to minimize glare on residentially zoned property.
Chapter 7 - Sign Regulations
Page 7 - 4
Llnd Development Code (Oct 21 - 03)
City of Colleyville, Texas
E. Pedestrian Clearance - No permanent freestanding sign may project over a pedestrian walkway, unless
there is a minimum of eight (8) feet of clearance provided from the bottom of the sign to the grade below
the sign.
F. Public Riqht-of-Way - No permanent freestanding sign shall project over or into a public right-of-way,
except where a provision in this Chapter provides for a sign within a right-of-way or with the approval by
the City Council of a Right-of-Way Encroachment and Joint Use Agreement. A sign may encroach over
or into a public access easement that is located on private property, provided a minimum of eight (8) feet
of clearance is provided over a walkway and a minimum of fourteen (14) feet of clearance is provided
over a driving area.
G. Commercial Driveway Visibility Trianqles -
sign, including the pole of a sign, shall be
erected or maintained in such a manner so
to obstruct or interfere with a clear line of
sight for the drivers of approaching motor
vehicles within a visibility triangle located on
each side of a commercial driveway which
intersects with a public street right-of-way or
public access easement. The triangular
area shall be formed by extending from the
imaginary intersection point of the street
right-of-way line with the edge of the driveway a distance of fifteen (15) feet and connecting these points
with an imaginary line, thereby making a triangle. Within this triangle, vision shall be clear at elevations
between thirty inches (30") and nine feet (9') above the average curb grade.
H. Street Intersection Visibility Trianqles - No sign
shall be located or placed where it obstructs the
vision of motor vehicle drivers approaching any
street intersection. At all street intersections,
clear vision shall be maintained across the lot
for a distance of twenty-five (25) feet back from
the property corner along both streets. Within
this triangle, vision shall be clear at elevations
between thirty inches (30") and nine feet (9')
above the average curb grade.
4curb Line
---------- ------
No
as
~._-~
.;:;.; L.r')
.';: -
_J:::_~eet Right-of-way
Visibilitytriongle to be kept cleor of
signs between 30" ond 9' obove
overoge curb grode
Commerciol driveway & curb cut
Commercial Driveway Visibility Triangle
----------------
mien
COIIIU
U1T
~I SllllIll UIIII6I.E
~ n up, ttU~ OF
~\~J1. O~CTI~
PIIO''ERll
LIlt
I. Attachments to Freestandinq Siqn - No guys, braces, attachments, banners, flags, balloons, or other
similar devices shall be attached to any permanent freestanding sign.
No permanent freestanding sign shall be constructed or displayed unless said sign is in conformance with the
sign classifications and standards contained in this Section.
A. General Business Siqns - The purpose of a general business sign is to identify the name of a business,
profession, service, product or activity conducted, sold or offered on the premises where the sign is
located. A general business sign may provide advertising for a single or multi-tenant occupancy. All
general business signs shall be subject to the following additional regulations:
1. Construction Design: All general business signs shall be designed and constructed as a monument
sign as defined in this Land Development Code.
2. Districts Permitted: A general business sign shall be allowed only in zoning districts in accordance
with Table 7-1.
3. Maximum Number: One general business sign shall be allowed for each 250 feet of street frontage,
Chapter 7 - Sign Regulations
Page 7 - 5
Land Development Code (Ocr 2/ - 03)
City of Colleyville, Texas
or portion thereof, for each lot. Where a building encompasses more than one lot, each lot shall
qualify for a general business sign. If the site is a corner lot, each frontage shall be allowed additional
signs using the same formula described in this paragraph. The sign(s) shall be located adjacent to
and within the qualifying street frontage. Additional signs are not permitted by adding different street
frontages to total more than 250 feet.
4. Specifications: The maximum area, height, spacing and setbacks of a general business sign shall
conform to the specifications contained in Table 7-2, except where provided as follows:
a. Maximum Area: One-hundred and twelve square feet (112 s.f.), overall structure size.
14'
~I
b. Base and Column Requirements: At a minimum, a
general business sign shall be constructed to include a
base and columns as described below. Said base and
columns shall be included in the calculation for
determining the overall structure size for compliance with
these regulations.
I'
f-
Max __18"
Structure size column
each end
112 s, f
f--b~~~
.\J'..'J.'-_
'"
1~
General Business Sign
with columns & base
I. Base: A general business sign shall be constructed with a base that extends the entire length
of the face of the sign structure. Said base shall be a minimum of eighteen inches (18) in
height and shall be constructed of brick, stone, or of a material similar to that of the primary
building on the lot.
II. Columns: A general business sign shall be constructed with columns constructed on each
end of the face of the sign structure. Said columns shall be a minimum of eighteen inches
(18) in width as viewed from the front and side elevations and shall extend the entire height of
the face of the sign structure. Said columns shall be constructed of brick, stone, or of a
material similar to that of the primary building on the lot.
iii. Sign Face Offset Requirement: The vertical plane of the advertising image area shall be
offset a minimum of two inches (2) from the vertical plane of the base and columns required
above.
c. Maximum Height: Eight feet (8').
d Minimum Setback: Eight feet (8) from an abutting street right-of-way. Thirty feet (30) from any
side or rear property line adjacent to another property.
e. Minimum Thickness: The advertising image area of a general business sign shall not be less than
four and one-half inches (4-Y:.) between vertical face planes.
5. Changeable Reader Board: A general business sign may include a changeable reader board area,
provided the combined gross surface area does not exceed the maximum allowable message area
and provided that no more than fifty (50) percent of the maximum allowable message area may be
used as a changeable reader board area. A permit is not required to change the message on a
changeable reader board. For purpose of this regulation, a changeable reader board may include an
electronic message area.
6 Spacing: Where a lot qualifies for an additional general business sign, a general business sign shall
be a minimum of one hundred (100) feet from another general business sign situated on the same lot.
7. Two Frontage Lots: A lot that abuts two (2) or more street frontages shall be allowed a general
business sign for each street frontage, provided minimum spacing requirements are in compliance.
B. Institutional Siqns - These regulations provide for on-premises and off-premises institutional signs to
assist the public with the location of these types of uses.
1. On-Premises Institutional Sign: The purpose of an on-premises institutional sign is to identify schools,
churches, hospitals or similar public or quasi-public institutions. One on-premises institutional sign
Chapter 7 - Sign Regulations
Page 7 - 6
Lmd Development Code (Oct 21 - OJ)
CIty of Colleyville, Texas
per street frontage shall be allowed on the premises where the institution is located and in
accordance with Table 7-1. All on-premises institutional signs shall be constructed as a monument
sign as defined in this Land Development Code. The maximum area, height, spacing, and setbacks
of an on-premises institutional sign shall conform to the specifications contained in Table 7-2,
provided that an on-premises institutional sign located within a commercial zoning district may comply
with the requirements of a general business sign.
a. Minimum Setback: Eight feet (8) from an abutting street right-of-
way and thirty feet (30) from any side or rear property line
adjacent to another property.
45 s. f.
T
lo
Max. Area
b. Minimum Thickness: No on-premises institutional sign shall be
less than four and one-half inches (4-%) between vertical face
planes.
Institutional Sign
(On-prelnlses)
c. Changeable Reader Board: An on-premises institutional sign may include a changeable reader
board area, provided the combined gross surface area does not exceed the maximum allowable
sign area and provided that no more than fifty (50) percent of the maximum allowable sign area
may be used as a changeable reader board area. A permit is not required to change the
message on a changeable reader board. For purpose of this regulation, a changeable reader
board may include an electronic message area.
2. Off-Premises Institutional Sign: The purpose of an off-premises institutional
sign is to provide direction to a school, church, hospital or similar public or
quasi-public institution. An off-premises institutional signs may be placed
on private property with the permission of the property owner. No more
than two (2) off-premises institutional signs shall be allowed per institution.
The signs shall not exceed sixteen (16) square feet in area nor exceed five
(5) feet in height. An off-premises institutional sign is not required to be
constructed as a permanent monument sign.
Max. Area T
16 s. f.
Institutional Sign
(Off-premises)
C. Multi-familv Siqns - The purpose of a multi-family sign is to identify the name of a
multi-family residential development. All multi-family signs shall be constructed as a
monument sign as defined in this Land Development Code and be constructed
using the same standards as a General Business Sign, except for maximum area
and height, which are established in this paragraph. One multi-family sign per Multi-family Sign
street frontage shall be allowed in zoning districts in accordance with Table 7-1. The maximum area,
height, spacing, setbacks of a multi-family sign shall conform to the specifications contained in Table 7-2
and the following additional requirements.
Max. Area T
25 s. f.
en
1. Minimum Thickness: No multi-family sign shall be less than four and one-half inches (4-%) between
vertical face planes.
D. Subdivision Monument Siqns - The regulations for subdivision
monument signs are intended to allow residential developments
to have large grand-entrance structures at the main entrances to
a subdivision. All subdivision monument sign structures shall be
constructed to avoid the creation of a sight visibility obstruction for
vehicular traffic entering and exiting the subdivision. No more
than two subdivision monument signs shall be allowed per
subdivision entrance. No subdivision monument sign structure
shall exceed ten (10) feet in height and the message area shall not exceed fifty (50) square feet.
Subdivision monument signs shall be allowed in accordance with Table 7-1. Subdivision monument signs
shall not be located within a public right-of-way, except with the approval by the City Council of a Right-of-
Way Joint Use Agreement. The maximum area, height, spacing and setbacks of a subdivision monument
sign shall conform to the specifications contained in Table 7-2.
I
o
....
1~
~
Subdivision Monument Signs
E. Traffic Directional Siqns - The purpose of a traffic directional sign is to guide vehicular traffic into or out of
an institutional use or commercial business by identifying a public entrance and exit for vehicular traffic.
Chapter 7 - Sign Regulations
Page 7 - 7
Land Development Code (Oct 21 - OJ)
City of Co/feyville, Texas
No more than two traffic directional signs per entrance or exit shall be allowed in
accordance with Table 7-1, provided additional traffic directional signs shall be
allowed when located behind the building set-back line. The maximum area and
height of a traffic directional sign shall conform to the specifications contained in
Table 7-2. No permit shall be required for a traffic directional sign, provided all such
signs shall comply with the regulations contained in this section.
Traffic Directional Sign
The following special purpose sign districts are hereby created to provide additional signage provisions that
due to special circumstances are not applicable to all locations within the city.
A. Freewav Overlav Zone - The area situated within 250 feet from the right-of-way line of State Highway
121 shall be defined as the Freeway Overlay Zone for the purpose of this sign regulation.
1. Freeway Pole Signs: The purpose of a freeway pole sign is to identify the name of a business,
profession, service, product or activity conducted, sold or offered on the premises where the sign is
located for businesses located adjacent to State Highway 121. Freeway pole signs shall be subject
to the following regulations.
a. Districts Permitted: A freeway pole sign shall be allowed in zoning
districts in accordance with Table 7-1, but only for when the sign is
situated within the freeway overlay zone.
Max. Area
250 s. f.
T
!
I
'"
'"
_ I
b. Maximum Number: No more than one freeway pole sign and one
general business sign shall be allowed for each lot.
c.
Specifications: The maximum area, height, spacing and setback of a
freeway pole sign shall conform to the specifications contained in
Table 7-2.
d.
Changeable Reader Board: A freeway pole sign may include a
changeable reader board area, provided the combined gross surface Freeway Pole Sign
area does not exceed the maximum allowable sign area and provided that no more than fifty (50)
percent of the maximum allowable sign area may be used as a changeable reader board area. A
permit is not required to change the message on a changeable reader board. A changeable
reader board may include an electronic message area.
Chapter 7 ~ Sign Regulations
Page 7 - 8
Llnd Development Code (Oct 21 - OJ)
City of Colleyville, Texas
No permit for a permanent freestanding sign shall be issued nor shall a permanent freestanding sign be
constructed or displayed unless said sign is situated in a district authorized by Table 7-1 below:
-
Allowable Districts for Permanent Freestanding Signs
Residential Commercial Special
Permit Districts Districts Districts
Sign Classification Required
(YorN) on 0 0 0 w C LL :l: 0 Z ~ N M ...J ~ C
~ N M ~ ll: ll: :;: :;: ll. U U U U :;: <( =>
ll: ll: ll: ll: () U U U ll.
General Business Signs Y p P P P P P (1)
Freeway Pole Signs y (2) (2) (2) (2) (2) (2) (2)
Institutional Signs Y p P P P P P P P P P P P P P P P
Multl-Iamily Signs Y p (3)
Subdivision Monument Signs Y p P P P P P P P P
Traffic Directional Signs N (4) (4) (4) (4) (4) (4) (4) (4) P P P P P P P (1)
Notes lor Table 7-1:
(1) Permitted where the PUD ordinance allows commercial uses Legend: 0= Sign permitted in this district
(2) Permitted only In the Freeway Overlay Zone
(3) Permitted where the PUD ordinance allows multi-Iamily uses [2D= Sign permitted in this district
(4) Permitted lor Institutional uses in the applicable districts per special footnote
Table 7 1
No permit for a permanent freestanding sign shall be issued nor shall a
constructed or displayed that exceeds the maximum area, height and
contained in Table 7-2 below:
permanent freestanding sign be
minimum setback requirements
Table 7 - 2
Area, Height and Setback for Permanent Freestanding Signs
Minimum Minimum Minimum
Maximum Maximum Front Side Spacing Special
Type of Sign Sign Sign Property Property BIT Next
Area Height Line Line Free-Stand. Conditions
! Setback (1) Setback Sign
I General BUSiness Signs 112 s. I. (2) 8 ft. (2) 8 ft. 30 It. 60 ft. (7) 1 per 250' street lrontage
Freeway Pole Signs 250 s. I. 35 ft. 8 ft. 30 It. 60 ft. (7) 1 per lot (3)
Institutional Signs (on-premises) 45 sf. (4) 5 It. 8 It. 30 It. 60 ft. 1 per street lrontage
Institutional Signs (off-premises) 16 s I. 5 It. none none none Maximum 01 two signs
Multi-Iamily Signs 25 s. f. 5 ft. 8 ft. 30 ft. 60 It. 1 per street lrontage
Subdivision Monument Signs (8) 10 It. o It. Oft. (5) nfa Maximum 2 per entrance
Traffic Directionai Signs (6) 6 s. I. 30 inches o It. o It. o It. 2 per curb cut
Chapter 7 - Sign Regulations
Page 7 - 9
Land Development Code (Oct 21 . OJ)
City of Colleyville, Texas
Notes for Table 7-2:
(1) Any street frontage shall be considered a front property line
(2) Maximum structure size.
(3) Only permitted within 250 feet of Hwy. 121 right-of-way.
(4) An on-premises Institutional Sign located in a non-residential zoning district may be constructed in accordance with the
General Business Sign regulations for the applicable zoning district.
(5) Signs on a street island must be designed to permit appropriate driver visibility- joint use agreement required.
(6) Spacing requirements for Freestanding Signs are not applicable to Traffic Directional Signs.
(7) 100 feet between signs when signs are located on the same iot.
(8) Maximum message area is 50 s.f.
A Permit - A permit shall be required prior to construction of any permanent attached sign, except where an
exemption is specifically provided for in these regulations.
B Certificate of Occupancv Required - No permit for a permanent attached sign shall be approved, except
where a business exists with a valid certificate of occupancy or where a certificate of occupancy has been
submitted for the premises on which the sign is to be located.
C Construction Standards - The construction of all permanent attached signs shall comply with the
structural requirements of the colleyville building code.
D Illumination - A permanent attached sign may be illuminated, however, illuminated attached signs on rear
building facades are prohibited. All electrical facilities shall require separate electrical permits and shall
be installed in accordance with the City of colleyville electrical code. Lighting shall be installed so as to
avoid any glare or reflection onto adjacent property, or create a traffic hazard on a public street. When
determined necessary by the enforcement official, illuminated signs shall be shielded to minimize glare on
residentially zoned property.
E. Pedestrian Clearance - No permanent attached sign may project over a pedestrian walkway, unless there
is a minimum of eight (8) feet of clearance provided from the bottom of the sign to the grade below the
Sign
F. Public Riqht-of-Wav - No permanent attached sign shall project over or into a public right-of-way, except
where a provision in this Chapter provides for a sign within a right-of-way or with the approval by the City
Council of a Right-ot-Way Encroachment and Joint Use Agreement. A sign may encroach over or into a
public access easement located on private property, provided a minimum of eight (8) feet of clearance is
provided over a walkway and a minimum of fourteen (14) feet of clearance is provided over a driving
area.
No permit for a permanent attached sign shall be issued nor shall a permanent attached sign be constructed
or displayed unless said sign is in compliance with the sign classifications and standards contained in thiS
Section and is situated in a district authorized by Table 7-3.
A. Awninq Siqns - The purpose of an awning sign is to provide an advertising message on the face of an
awning. An awning may extend across the entire width of a building or tenant space. An awning may
extend above the apparent roof line of the building, provided the awning extends across seventy-five
(75%) percent of the entire width of the building faGade to which it is attached. An
awning shall not exceed six (6) feet in height.
The sign area on an awning shall not exceed 20% of the area of the awning and
shall extend for no more than 50% of the length of the awning. A permit shall be
required for an awning sign. Awning signs may be illuminated.
Chapter 7 - Sign Regulations
Page 7 - 10
!.Jnd Development Code (Oct 21 - OJ)
City of Colleyville, Texas
I'll,gn I
I
B. Canopy Siqns - A canopy sign shall be no greater in size than 20% of the
face of the canopy of which it is a part or to which it is attached and shall not
extend beyond the face of the canopy either vertically or horizontally. An
illuminated strip may be incorporated into the canopy.
~. ~"7~
~ F"1
Canopy Signs
C. Proiectinq Siqns - The purpose of a projecting sign is to identify the name of
a business, profession, service, product or activity conducted, sold or offered on the premises where the
sign is located by providing an advertising message that is perpendicular to the wall of the building to
which it is attached. A projecting sign shall be allowed in zoning districts in accordance with Table 7-3
and shall comply with the following additional regulations:
1. Number of Signs: One (1) projecting sign shall be allowed for each single tenant building or for each
tenant in a multi-occupancy structure. However, no tenant storefront shall have a projecting sign in
combination with a wall sign on the same building elevation.
2, Maximum Area: A projecting sign shall not exceed twenty (20) square feet. The plane of the
message area shall not exceed eighteen (18) inches from the plane of the message area on the
opposite side of the sign.
3. Horizontal Projection: A projecting sign shall not project more than four (4)
feet from any wall facing and shall not be closer than two (2) feet from a curb
line. A projecting sign shall not extend above the apparent roof line of the
building,
4. Clearance: Every projecting sign shall be a minimum of eight (8) feet above
the grade over a walking area or fourteen (14) feet over a vehicular
maneuvering area. Projection signs shall not project over any property line or
right-of-way line.
5. Illumination: A projecting sign may be illuminated.
4'max.
Proiecting
Sigfl
rnd1J1
o
c
'E
..
Projecting Sign
D. Wall Siqns - A wall sign shall only be allowed over the premises on which it advertises and may be
illuminated; provided, illuminated wall signs on rear building facades are prohibited. Wall signs shall
comply with the following additional regulations:
1, Maximum Area: The total area of all wall signs on a single
tenant building or occupancy space of a multi-tenant
building shall not exceed the product of two times the
lineal width of the wall on which such signs are located.
For purpose of this regulation, on multi-tenant buildings,
the width of each lease space shall be used to calculate
each sign width.
2. Maximum Height: Six feet (6), provided that no wall sign
shall extend above the wall to which it is attached.
3. Maximum Width: Seventy-five percent (75%) of the
width of the wall area to which it is attached. When
more than one wall sign is used, the combination of the
sign widths, when placed side by side, shall not exceed
seventy-five (75%) of the width of the wall to which they
are attached.
4, Horizontal Projection: No wall sign shall project from the
vertical plane of the wall more than eighteen inches (18).
E. Subdivision Wall Siqns or Plaques - Subdivision wall signs or
plaques shall not exceed thirty (30) square feet in area.
Subdivision wall signs or plaques are limited to two per
subdivision entryway and may be illuminated. A subdivision
Chapter 7 - Sign Regulations
IMax. area = L x 211 ~.~g'~;
D
1'.waIlSign.-!
ODD
I Max 30 s, f. I
Subdivision Wall Plaque
Page 7 - 11
Land Development Code (Oct 21 - OJ)
City of Colleyville, Texas
wall sign or plaque shall be attached to a fence or screening wall. For purposes of this regulation, the
size of the graphic and sign text shall be used to measure sign size.
No permit for a permanent attached sign shall be issued nor shall a permanent attached sign be
constructed or displayed unless said sign is situated in a district authorized by Table 7-3 below:
I Table 7 - 3
Allowable Districts for Permanent Attached Signs
Residential Commercial Special
Permit Districts Districts Districts
, Sign Classification Required
i (YarN) on 0 0 0 w C LL :I: 0 Z ~ N M ...J Cl C
~ N M '<l' :;; ll. U U U :::>
~ cr: cr: cr: cr: cr: cr: :;; u u u u u :;; <( ll.
Awning Signs Y p P P P P P (1)
Canopy Signs Y p P P P P P (1)
Projecting Signs Y p P P P P P (1)
Subdivision Wall Signs or Y p P P P P P P P P P
Plaques
Wall Signs Y p P P P P P (1)
Notes for Table 7-3:
Legend: 0= Sign permitted in this district
(1) Permitted where the PUD ordinance allows commerciai uses
[EJ= Sign permitted in this district
per special footnote
A. Permit - A permit approved by the enforcement officer prior to the construction or display of some
classifications of temporary signs is required to determine compliance with these regulations and to
establish the beginning and ending display periods.
B_ Certificate of Occupancy Required - No temporary sign shall be constructed or erected, except where a
business exists with a valid certificate of occupancy or where a certificate of occupancy has been
submitted for the premises on which the sign is to be located, unless a provision in this Section allows a
sign to be displayed off-premises.
C. Illumination - No temporary sign may be illuminated, except where a regulation provides for illumination.
Lighting, where allowed, shall be installed so as to avoid any glare or reflection onto adjacent property, or
create a traffic hazard on a public street. When determined necessary by the enforcement official,
illuminated signs shall be shielded to minimize glare on residentially zoned property.
No permit for a temporary sign shall be issued nor shall a temporary sign be constructed or displayed unless
said sign is in compliance with the sign classifications and standards contained in this Section and is situated
in a district authorized by Table 7-3. Where a provision exempts certain classifications of temporary signs
from the permit requirement, said temporary signs shall comply with all other provisions for temporary signs.
Chapter 7 - Sign Regulations
Page 7 - 12
wnd Development Code (Oct 21 .03)
City of ColleyvilIe, Texas
A. Aqricultural Siqns - The purpose of an agricultural sign is to identify the temporary
seasonal sales of produce, crops, animals or poultry that are produced or raised on the
farm or ranch on which the sign is placed. An agricultural sign may be displayed in
zoning districts in accordance with Table 7-4. One agricultural sign shall be allowed per
lot, parcel or tract of land, provided the property contains a minimum of one (1) acre. The
maximum gross surface area of the sign shall be eight (8) square feet. Agricultural signs
shall have a maximum height of four (4) feet.
B. Construction Trades Siqns - The purpose of a construction trades sign is to
denote the architect, engineer, financial institution or building trades contractor
involved in a construction project. Construction trades signs shall be regulated as
either commercial or residential, which shall be allowed in accordance with Table
7-4. The maximum area, height, spacing and setbacks of a Construction Trades
Sign shall conform to the specifications contained in Table 7-5.
Construction trades signs shall not be erected until a building permit has been
submitted for building construction and shall be removed up on completion of the
construction project or occupancy of the structure, whichever is applicable.
Construction trades signs shall not be illuminated. No permit or fee shall be
required for a construction trades sign.
T
i
'-<
Agricultural Sign
Max. Area
64 s. f.
T
'='
Construction Trades Sign
(cammer-cial)
Construction Trades Sign
(1"85Id8n\lal)
C. Development Siqns - The purpose of a development sign is to advertise a proposed residential
subdivision or commercial project. A development sign shall be allowed in accordance with Table 7-4. A
development sign shall not be illuminated. The maximum area, height, spacing and setbacks of a
development sign shall conform to the specifications contained in Table 7-5. A permit
shall be required for a development sign,
A development sign shall be removed when the project is 90% complete or within
three years from start of construction, whichever is less. For the purpose of this
provision, a subdivision shall be deemed 90% complete when 90% of the lots within
the subdivision are sold.
Max. Area T
'='
64 s. f.
Development Sign
D. Garaqe Sale Siqns - The purpose of a garage sale sign is to announce the sale of household
possessions Garage sale signs shall be allowed in any zoning district in accordance with Table 7-4.
The maximum area, height, spacing and setbacks of a garage sale sign shall conform to the
specifications contained in Table 7-5 and shall comply with the following additional regulations:
1 . Duration: A garage sale sign shall not be posted more than twenty-four (24)
hours prior to the beginning of the sale and shall be removed within twenty-four
(24) hours following the end of the sale.
2 Illumination: A garage sale sign shall not be illuminated.
3. Permit: No permit or fee shall be required for any garage sale sign.
Max. Area T
8 s. f.
;,.
i
Garage Sale Sign
(r8sidential)
4. Single-family residential on-premises: One garage sale sign per street frontage shall allowed, but
only on the premises where the garage sale is being conducted and where there is an existing
residential use.
5. Neighborhood-wide garage sales: Two garage sale signs per subdivision
entrance shall be allowed for a neighborhood-wide garage sale sponsored by
a homeowner's association (HOA). The garage sale sign may be off-
premises from where the actual garage sale is conducted, but the sign shall
be located on property, including a street right-of-way, that is within the limits
of the homeowner's association. The HOA must be registered with the
Colleyville Code Enforcement Department.
Max. Area
32 s. f.
T
<0
*-
Garage Sale Sign
(nelghbol"Ohood Wide)
E. Home Occupation Siqns - (refer to Chapter 3 of the Land Development Code regarding Home
Occupations).
Chapter 7 - Sign Regulations
Page7-13
~d Development Code (Oct 21 - 03)
City of Colleyville, Texas
F. Model Home Siqns - The purpose of a model home sign is to provide advertising of
a typical completed residential dwelling. A model home sign shall be allowed in any
residential zoning district in accordance with Table 7-4, provided the sign and the
model home are located in the subdivision being developed. Model home signs are
limited to one per premises. A model home sign permit may not exceed a period of
24 months, provided if the model home is sold prior to the expiration of the 24
month period, the sign shall be removed when the sale is completed. The
maximum area, height, spacing and setbacks of a Model Home sign shall conform
to the specifications contained in Table 7-5.
Max. Area
32 s. f.
T
(0
Model Home Sign
G. Political Siqns - A political sign shall be allowed in any zoning district. No political sign shall be attached
to any utility, light, or traffic signal pole. A political sign shall not be illuminated. Political signs shall not
be placed upon any property public owned property, but may be placed on any private property or within
the public right-of-way adjacent to private property with the approval of the adjacent property owner,
subject to the following additional regulations.
1. Political Signs on Private Property - A political sign situated on private property
shall not exceed thirty-six (36) square feet, nor exceed eight (8) feet in height.
2. Political Signs within a public right-oF-way - A political sign may be placed within the
public right-of-way, provided no portion of the sign shall be closer than three (3) feet
from the edge of the street pavement and further provided no part of the sign
extends over any sidewalk. A political sign situated within a public right-of-way shall
not exceed twelve (12) square feet in area nor exceed four (4) feet in height.
3. No political sign shall not be erected more than thirty (30) days prior to the date of
the official election and shall be removed within seven (7) days after said election.
4. No political sign shall be placed within a roadway median or block vehicular visibility.
5. No permit or fee shall be required for a political sign.
H. Real Estate Siqns (Commercial) - The purpose of a commercial real estate sign is
to advertise the sale, rental or lease of the premises on which said sign is located.
A commercial real estate sign shall be allowed in accordance with Table 7-4. A
commercial real estate sign shall not be illuminated. The maximum area and height
of a commercial real estate sign shall conform to the requirements contained in
Table 7-5. Commercial real estate signs shall be removed within seven (7) days
following the completion of the sale, rental or lease of the premises. No permit or
permit fee shall be required for a commercial real estate sign.
Real Estate Siqns (Residential) - The purpose of a residential real estate sign is to
advertise the sale, rental or lease of the premises on which said sign is located. A
residential real estate sign shall not be illuminated. A residential real estate sign shall
be allowed in a residential district in accordance with Table 7-4. The maximum area
and height of a residential real estate sign shall conform to the requirements contained
in Table 7-5. All signs shall be removed within seven (7) days following the completion
of the sale, rental or lease of the premises. No permit of permit fee shall be required for
a residential real estate sign.
T
Max. Area I
36 5. f. 00
I
--.1
Political Sign
(on private propertv)
Political Sign
(w1l11lna ROWl
Max. Area
64 s. f.
T
o
Real Estate Sign
(commercial)
Max. Area T
12 s. f. lD
,J
Real Estate Sign
(resldelltial)
J. Temporary Business Siqns - The purpose of a temporary business sign is to provide advertising for
specific periods of time to identify the name of a business, profession, service, product or activity
conducted, sold or offered on the premises where the sign is located.
1. Requirements: Temporary business signs shall conform to the following additional regulations:
a. Maximum number: One per business occupancy holding a valid certificate of occupancy.
Chapter 7 - Sign Regulations
Page 7 - 14
Land Development Code (Oct 2' - OJ)
City of Colleyville, Texas
b. Illumination: None allowed.
c. Permit Requirements: A temporary business sign permit shall not be valid for more than 30
consecutive days and there shall be a thirty (30) day non-display period between permits. No
more than three temporary business sign permits shall be issued per calendar year per business
occupancy.
d. Permit Fee: A permit fee shall be charged for a temporary business sign. The permit fee shall be
established by City Council.
e. Districts Allowed: Temporary business signs shall be allowed in zoning districts in accordance
with Table 7-4.
2. Types of Temporary Business Signs: A business tenant may choose anyone of the following types
of sign structures:
a. Flexible Banner Signs: Banners shall be kept in good repair and remain firmly anchored or
secured to the face of the building or may be suspended below the apparent lower edge of an
overhanging covered walkway, provided the banner is firmly secured to the columns supporting
the building. A flexible banner sign may not be freestanding. A flexible banner sign shall not
exceed fifty (50) square feet nor exceed six (6) feet in height.
b. A-Frame Signs: The purpose of an A-frame sign is to provide temporary advertising during
business hours of a commercial occupancy.
(1). Maximum height and area shall conform to the following table:
Maximum heights and areas at
A-Frame Signs
Max. Max.
Area Heiaht
Located on a sidewalk 8 s. f. 4 feet
Located in a yard 24 s. t. 6 teet
D D
)
A-Frame Sign
(2). Time duration: Only displayed during business hours.
(3). Placement: Only allowed on private property, but may be located on a
public sidewalk, provided a width of four feet (4) shall remain free from
intrusion.
Max. Area T
16 s. f. to
c. Stake Signs: A stake sign shall not exceed sixteen (16) square feet, nor
exceed six (6) feet in height.
Stake Sign
K. Weekend Builder / Real Estate Open House Siqns - The purpose of Weekend Builder / Real Estate Open
House Signs is to assist the general public by providing direction to available residential properties in
colleyville. Signs that advertise developments located outside the corporate limits of colleyville shall be
prohibited.
1. Weekend builder / real estate open house signs may be placed on
private property or in the public right-of-way with the approval of the
adjacent property owner, provided the advertiser has a valid annual
permit required by these regulations. Signs placed within the public
right-of-way shall be situated not more than five (5) feet from the right-of-
way line and shall be no closer than three (3) feet from the edge of the
sign to the edge of the street pavement. No weekend builder / real
estate open house sign shall block vehicular visibility. Approval of an
annual permit does not grant unlimited access or use of the public right-
of-way, therefore, it shall be the responsibility of the builder, owner, or real estate agency to secure
permission of the property owner for placement of the signs on private property or in the adjacent
street right-of-way.
Max. Area T
6 s. f. :.t
J
Weekend Builder
and
Real Estate Open House Sign
Chapter 7 - Sign Reguiations
Page 7 - 15
Llnd Development Code (Oct 21 - OJ)
City of Colleyville, Texas
2. A builder, developer, or real estate agency must be registered with the City of colleyville to qualify and
participate as a weekend advertiser or for open house signs. An annual permit is required for each
builder, developer or real estate agency, which shall expire on December 31 each year. The permit
fee shall be established by separate ordinance approved by the City Council.
Note: For purpose of this regulation a real estate agency shall be defined as the real estate broker or
owner holding a franchised agency.
3. A weekend builder I real estate open house sign shall not exceed six (6) square feet in area and four
(4) in height. No sign shall be placed on trees, utility poles, traffic control signs or within a street
median or encroach over a sidewalk.
4. Maximum number of Weekend Builder Signs: The maximum number of signs displayed at anyone
time for a weekend builder shall not exceed twenty (20) signs for any subdivision.
5. Maximum number of Real Estate Open House Signs: The maximum number of signs displayed at any
one time by a real estate agency shall not exceed twenty (20) signs, provided no more than three (3)
signs shall be displayed within a right-of-way for any single residential property. Real estate open
house signs shall be limited to directing traffic to an open house.
6. Except as noted, these signs may be exhibited from 12:00 noon on Friday till 12:00 noon on the
following Monday. A holiday falling on a Friday or a Monday will be considered as part of the
weekend.
L Window SiQns - Window signs may be placed so as not to obscure more than 25% of the visible window
area. Where multiple windows exist, fronting on the single elevation, the 75% visibility shall be
maintained for the total window area on said elevation.
M. Temporary Construction Entrance SiQns - The enforcement official is hereby authorized to approve
temporary signs to direct traffic to the entrance of a commercial business when the driveway that provides
access to the business or the street immediately abutting the business is under construction.
Chapter 7 - Sign Regulations
Page 7 - 16
Land Development Code (Oct 21 - 03)
City of Colleyville, Texas
No temporary sign shall be displayed unless said sign is situated in a district authorized by Table 7-4.
Table 7-4
Permitted Districts for Temporary Signs
Residential Districts Commercial Districts Special
Permit Districts
Sign Classification Required
(Yor N) '" 0 0 0 UJ 0 u. I 0 Z ('oJ 0') ...J <.9 0
('oJ '" ... :2: 0.. U U U ::J
Cl: Cl: Cl: Cl: Cl: Cl: Cl: :2: U U U U U :2: <( "-
Agricultural Signs N p P P P P P P P P P P P P P P P
Community Special Event Signs N P P P P P P P P P P P P P P P P
Construction Trades Signs N p P P P P P (1)
. (Commercial)
Construction Trades Signs N p P P P P P P P P (2)
(Residential)
Development Signs Y p P P P P P P P P P P P P P P P
Garage Sale Signs (3) N P P P P P P P P (3) (3) (3) (3) (3) (3) (3) (3)
Home Occupation Signs N See Home Occupations in Chapter 3 of the Land Development Code
! Model Home Signs Y p P P P P P P P (2)
Pole Banners Y See Section 7-175.H
Political Signs N p P P P P P P P P P P P P P P (1)
Real Estate Sign (Commercial) N p P P P P P (2)
I Real Estate Sign (Residential) N p P P P P P P P P (1)
Temporary Business Signs Y p P P P P P (1)
Banner Signs y (4) (4) (4) (4) (4) (4) (4) (4) P P P P P P (1)
A-FrameSigns y p p p p p P (1)
Stake Signs y p p p p p P (1)
.......
Weekend Builder / RE Signs y See Section 7-175.M
Notes for Table 7-4:
(1) Permitted where the PUD ordinance allows commercial uses.
(2) Permitted where the PUD ordinance allows residential uses.
(3) Property must contain a residential use.
(4) Where an Institutional use occupies the premises
Legend 0 = Sign permitted In this district
[ED = Sign permitted in this district
per footnote
Chapter 7 - Sign Regulations
Page 7 - 17
Lmd Development Code (Oct 2/ .03)
City of Colleyvi/le, Texas
All temporary signs shall be constructed in accordance with the requirements listed in Table 7-5:
Table 7.5
Maximum Area, Height and Setback of Temporary Signs
Front I Side
Property I. Property
Line Line
Setback , Setback
Max.
Area
Max.
Height
Special
Conditions
Type of Sign
Agricultural Signs 8 s. I. 4 It. none tnone one acre lot mln
Comm""'"'"oc""';",";,,-~ - I '0 I '" 0'0;;- 000' + -;;;" --
~:::::: ::::: ::~: ::;::::~ -. ~::,' 1 ~: 1 ::: I ::: -I - ~ ::: -
:::::~~:' :::: ,,""" ',m", '"'''"''''' ~:: ,'~I ~ Z=t:::'- t-::: ~,,;:::"~,
Garage Sale Signs (neighb~rh~~d:';'ide) - --t 32 s. I~-I- 6ft. ---;'ne T~one 2 pe~~t~~~~~sion
__d____ --__~~2 S.f~ft 1~~~~4months
, See Section 7-175.H for regulations
Political Signs (;-~riv~te pr~p~~t;)- .--136~~--'-8ft.-T none --'---~one t none
POli~~ISi;ns ~within ap~blic righ-t-of-Way)~-r-12 s_tt4 ft._~ n~~~--r- non~- - ~ _ no-;;-;
Real Estate Signs (Commercial) ~s. f. I 10 It. none .~ne none
R-';-al Es~ate Signs (Re;~del1tlal)_ ~~-t-12 ~ 6 ftl_ none_ +-no-;'e J~__no",,-
Temporary Business Signs . . .. I --t.. .-t--
Banne:,~'~ns _ . _~-~~ 50~~ f-r "6 ~ ---1-. n;ne _ t non~- I: permits per-
A-Frame Signs (Located In a yard~_ ..__24 s. 1:...--1_ 6 It. . ~_ non-=-_ .I__n_one_~ ca~~~~a~:t~;~n30
A-Frame Signs (Located on a sidewalk) .! B s. I... . 4 It: ..... none.----L- none ... permits / permits
StakeSigns ____ - L1(jS~_~- 6 ft.-~- --;;;;~~ 1 none.~alid lor 30days
Weekend Builder / Real Estate Open House Sign; See Section 7-175.M for regulations
The purpose of this regulation is to provide temporary advertising for certain community special events
sponsored by public and quasi-public agencies, churches and other religious institutions located within the
corporate limits of the City of colleyville. Signs shall be allowed in accordance with the following:
A. Qualifvinq Entities - The following public and semi-public agencies, churches and other religious
institutions located within the corporate limits of the City of colleyville shall be permitted to have
community special event signs in accordance with the provisions of this section.
1. City of Colleyville: Signs advertising an event conducted and sponsored by the City of colleyville may
be placed on any private property or in the public right-of-way adjacent to the private property with the
approval of the adjacent property owner. Signs placed within the public right-of-way shall be situated
not more than five (5) feet from the right-of-way line and shall not block vehicular visibility.
Chapter 7 - Sign Regulations
Page7-18
Land Development Code (Oct 21 - 03)
City of Colleyville, Texas
2. Public and Semi-Public Schools: Signs advertising an event conducted and sponsored by a public or
semi-public school may be placed on property owned by the public or semi-public school or within the
adjacent right-of-way. Signs placed within the public right-of-way adjacent to property owned by the
public or semi-public school shall be situated not more than five (5) feet from the right-of-way line and
shall not block vehicular visibility.
3. Colleyville Area Chamber of Commerce: Signs advertising the colleyville Business Expo sponsored
by the colleyville Area Chamber of Commerce may be placed on any private property or in the public
right-of-way adjacent to the private property with the approval of the adjacent property owner. Signs
placed within the public right-of-way shall be situated not more than five (5) feet from the right-of-way
line and shall not block vehicular visibility.
4. Churches and Other Religious Institutions: Signs advertising an event conducted and sponsored by a
church or other religious institution located within the corporate limits of the City of colleyville may be
placed only on the premises where the event is located or within the public right-of-way adjacent to
the premises where the event is located. Signs placed within the public right-of-way shall be situated
not more than five (5) feet from the right-of-way line and shall not block vehicular visibility.
B. Tvpes and Maximum Area of Siqns Allowed - The following types of community special event signs shall
be allowed, provided the sign does not exceed the maximum area and height established below.
1. Flexible Banner Signs: Banners shall be kept in good repair and remain firmly
anchored or secured to the face of the building or may be suspended below
the apparent lower edge of an overhanging covered walkway, provided the
banner is firmly secured to the columns supporting the building. A flexible
banner sign may be freestanding. A flexible banner sign shall not exceed
fifty (50) square feet nor exceed six (6) feet in height.
2. Stake Signs: Signs shall not exceed six (6) square feet in area nor exceed
four (4) feet in height.
C. Time Duration - Signs for City of colleyville sponsored events may be erected for
any length of time. Signs for public and semi-public schools and colleyville Area
Chamber of Commerce sponsored events may be erected seven (7) days prior to
the activity and shall be removed not later than the first business day after the
event. Signs for churches and other religious institutions may be erected thirty
(30) days prior to the event and shall be removed not later than the first business
day after the event.
D. Permit - No permit or permit fee shall be required.
Max. Area
50 s. f.
1
Flexible Banner Sign
Max. Area T
6 s. f. ""
J
Community
Special Events
Stake Sign
E. Non-Qualifvinq Entities - Community special events not sponsored by a qualifying entity listed under
section "A" above, may qualify for pole banner signage allowed in this section.
1. Pole Banners: The purpose of a pole banner sign is to provide advertising for a
community event. Pole banners may be erected on utility and other designated
poles within the public right-of-way subject to the following restrictions:
2. Permit: A permit is required from the building permit office and may only issued
to a non-profit organ ization for the purpose of advertising a function or event to
which the general public is invited in colleyville. Applications shall be
considered on a first-come, first-served basis.
3. Permit Duration: No permit shall be approved for a period exceeding twenty-
one (21) consecutive days. The pole banners shall be removed on the first
business day after the last day of the event.
4. Commercial Message: A pole banner may only advertise the name and date of
the community event. Any commercial message of a sponsor is limited to
Chapter 7 - Sign Regulations
Max.
35s.f.
<
j!
~
I
1
Pole Banner
Page 7 - 19
Land Development Code (Oct 21 - 03)
City of Col/eyville, Texas
twenty-five percent (25%) of the sign area.
5 Maximum area and height: Thirty-five (35) square feet in area per pole and thirty-five feet (35') from
the ground, provided the banner maintains a minimum of ten feet (10') of clearance between the
bottom of the pole banner and the ground.
7. Location: Pole banners may be installed only on poles identified by the City that include the
appropriate hardware for such installation.
A. Grand Openinqs - The purpose of the grand opening signage provision is to allow the enforcement
official to issue a permit to a new business, or to a business that has substantially remodeled, as defined
herein. for the purpose of obtaining special advertisement signage for a temporary period. The following
regulations apply to grand opening signage permits:
1. Eligibility: Upon issuance of a certificate of occupancy and within one year thereafter, a business shall
be allowed to receive a grand opening sign permit when one of the following conditions applies:
a. When a certificate of occupancy has been issued to the new business, or
b. When a certificate of occupancy has been issued to an existing business, which has substantially
remodeled and the cost of the renovation exceeds sixty (60) percent of the current value of the
building, or lease-space, excluding the value of the land, according to the most recently approved
tax roll.
2. Allowable Signs: Signs may include a combination of pennants, tethered or inflatable balloons, and
one (1) temporary business sign. The height and area of such signs shall be limited to the applicable
regulations for the sign classification. A temporary business sign may be placed off-premises with
the permission of the property owner during the period of the grand opening sign permit. The permit
holder shall be the responsible party for compliance with the grand opening sign permit regulations.
3. Permit: A permit shall be required for a business to utilize the grand opening sign age provisions No
permit fee shall be required for a grand opening sign permit. The use of a grand opening sign permit
shall have no affect on the number of subsequent temporary sign permits that may be authorized for
a business occupancy.
4. Duration: A grand opening sign permit shall be valid for a period not to exceed sixty (60) consecutive
calendar days
Exception: A permit for a search light shall be a separate permit and not be granted any rights
authorized under the grand opening provisions of this Section.
B. Search Liqhts - A search light may be used as a sign in any non-residential zoning district. A search light
shall be located a minimum of 50 feet from any public right-of-way and positioned so that all beams of
light emitted have a minimum angle of 30 degrees from grade level. A search light may not generate light
of an intensity in excess of 1,600 million foot candle power. No more than four beams of light may be
projected from any premises. All search lights must be designed and maintained so as to prevent any
light from being directed at any portion of a street or adjoining property. No light emitted shall be of such
intensity to cause impairment of the vision of the driver of any vehicle upon a public right-of-way or private
roadway. No search light may be operated between the hours of 11 :00 P.M., and 7:00 A.M.
1. Permit: A permit shall be required to place a search light at a business location.
2. Duration: Permits for search lights shall be limited to periods of seven (7) consecutive days and
permits shall be limited to one per premises for each 6 month period.
C. Major Shoppinq Center Overlav Zone - The purpose of a major shopping center overlay zone is to
reduce the overall number of signs situated along a public street by providing shared advertising
privileges within a major development and by providing off-premises advertising alternatives for
Chapter 7 - Sign Regulations
Page 7 - 20
Lmd Development Code (Oct 2/ - OJ)
City of Col/eyville, Texas
businesses located on lots which do not have frontage along a major public transportation thoroughfare.
Developments which satisfy the criteria contained in this Section shall qualify for the sign provisions
contained in this Section.
1. General Qualification Criteria: A commercial development which has a single or multi-occupancy
building containing a minimum of one hundred thousand (100,000) square feet of floor area and
situated on a single platted lot or on two or more contiguous platted lots shall qualify as a major
shopping center. In addition to those lots which satisfy the general qualification criteria described in
this paragraph, any adjacent or non-adjacent lots platted within the development that are platted
under the same subdivision name shall also be eligible for the sign provisions contained in this
Section.
2. Shared and Off-Premises Signage Privileges: A lot located within the limits of a major shopping
center overlay zone may contain a sign that advertises a single or multi-tennant business occupancy
located on another lot within the same major shopping center overlay zone, provided that the sign
structure complies with the regulations applicable to the classification of sign constructed.
3. Major Shopping Center Entry-Wall Signs and T
Plaques: The purpose of a major shopping center I;
entry-wall sign and plaque is to identify a major ~
shopping center and the name of a business, ::!:
profession, service, product or activity conducted, '"
sold or offered within the major shopping center. 1.
Two sign structures shall be allowed per vehicular Major Shopping Center
entrance and may be illuminated. The maximum Entry-Wall Sign and Plaque
height of the entry-wall structure shall not exceed five (5) feet. The maximum area of a sign plaque
shall not exceed twelve (12) square feet. There shall be a minimum of three (3) feet spacing between
sign plaques.
4. Permit: A permit shall be required for a major shopping center entry-wall sign.
The signs described in this Section shall be prohibited within the corporate limits of the City of colleyville.
A. Off-Premises Siqns - Off premises signs, including billboards, are prohibited in the City of Colleyville,
except where specifically allowed by these regulations.
B. Obscene Siqns - It shall be unlawful for any person to display upon any sign any obscene, indecent or
immoral matter.
C. Portable Siqns - No person shall erect or allow to be displayed on the premises owned or controlled by
him a portable sign. No person shall attach any sign to a trailer, or similar mobile structure, where the
primary use of such structure is to provide a base for such sign or to constitute the sign itself. A
temporary sign allowed by these regulations may be constructed on skids where there is no opportunity
for the sign supports to be installed in the ground.
D. Vehicle Siqns - No vehicle containing a sign that is large enough to be discernable from a public right-of-
way shall be parked within forty (40) feet of a public right-of-way where the intended purpose is its use as
a sign for the subject matter displayed on the vehicle.
E. Roof Siqn - Signs mounted on roofs or above a parapet are not permitted.
F. Paintinq, Markinq. Attachinq. Materials to Streets. Sidewalks, etc. - No person shall attach any sign,
whether consisting of paper, plastic, or paint, or stencil or write any name, number (except house
numbers), or otherwise mark on any sidewalk, curb, gutter, street, whether public or private, utility pole,
public building, fence or structure except as allowed by the sign code.
Chapter 7 - Sign Regulations
Page 7 - 21
LlIld Development Code (Oce 21 . 03)
City of Colleyville, Texas
G. Attachinq Siqns to Fences or Utilitv Poles - No person shall attach a sign to a fence or a utility pole,
except a small sign identifying the name of the fence company not discernable from the street.
H. Movinq and Flashinq Siqns - No person shall erect or allow to be displayed upon premises owned or
controlled by him any illuminated, animated, moving or flashing sign.
Exception: Only a sign, which has illumination, that is turned on and off, changes in light intensity, color
or copy, at a rate equivalent to, or no more often than once every five (5) minutes, is permitted. It is
further provided that a sign, which uses illumination to provide time of day and/or temperature, only shall
not constitute a flashing sign.
I. Balloons and Inflatable Advertisinq - No person shall erect or allow to be displayed as a sign, any
balloon, flag, pennant or other floating or inflatable advertising device anchored to the ground or to any
other structure, except as allowed by a grand opening sign permit.
J Non-Combustible Material - Any sign with either direct or indirect illumination which is attached to the
sign shall be constructed of non-combustible materials. Such signs shall be supported by non-
combustible supports.
K. Simulation of Traffic Control Siqns - No sign shall obstruct the free and clear vision at any location, where
as a result of the position, size, movement, shape, color, fashion, manner or intensity of illumination or
any other characteristics, such sign may interfere with vehicular or pedestrian traffic. Nor shall any
person erect or allow to be displayed upon premises owned or controlled by him any sign in such a
manner as to interfere with, obstruct the view of or be confused with, any authorized traffic sign, signal, or
device, including, without limitation, signs making use of the words "stop," "go," "look," "slow," "danger," or
any other similar word, phrase, symbol or character, or employ any red, yellow, orange, green or other
colored lamp or light in such a manner as to cause confusion or otherwise interfere with vehicular or
pedestrian traffic.
L. Non-Defined Siqns - No person shall erect or allow to be displayed upon premises owned or controlled
by him any sign that is not specifically allowed by this Chapter.
No person shall allow a sign located on a premises owned by him, or which he has control of, to display or
contain any of the following defects or conditions:
A. where the elements of the surface or background can be seen as viewed from the intended viewing
distance to have portions of the finished material flaked, broken off, missing or otherwise not in harmony
or consistency with the rest of the surface; or
B. where the structural supports or frame members are visibly bent, broken, dented, deteriorated or torn; or
C where a panel is visibly cracked or in the case of wood and other similar products, splintered in such a
way as to constitute unsightly or harmful conditions-, or
D. the sign, or its elements are twisted leaning or at angles other than those at which it was originally
erected; or
E. where the message or wording can no longer be clearly read by a person with normal eyesight under
normal viewing conditions; or
F. where the sign or its elements are not in compliance with the requirements of any building, electrical, sign
or other type of code construction standards adopted by the City of colleyville.
Chapter 7 - Sign Regulations
Page 7 - 22
Lmd Development Code (Oct 21 - 03)
City of Colleyville, Texas
A. Authority - The enforcement official is hereby authorized and directed to enforce all the provisions of this
Chapter.
B. Riqht of Entry - Whenever necessary to make an inspection to enforce any of the provisions of this
Chapter. the enforcement official or his authorized representative may enter such building or premises at
all reasonable times to inspect the same or to perform any duty imposed upon the enforcement official by
this Chapter, provided that if such building or premises is occupied, he shall first present proper
credentials and request entry; and if such building or premises is unoccupied, he shall first make a
reasonable effort to located the owner or other persons having charge or control of the building or
premises and request entry. If such entry is refused, the enforcement official or his authorized
representative shall have recourse to every remedy provided by law to secure entry.
C. Removal of Certain Siqns Upon Notice - When a sign is constructed or erected in violation of these
regulations, the property owner and/or tenant shall be given notice to remove said sign or alter said sign
so as to comply with the regulations contained in this Chapter. Notice shall require compliance with these
regulations within not more than ten (10) days from the date notice is served. Notice may be hand
delivered or deposited in the United States mail, addressed to the property owner at the address shown
on the most current tax roll of the City, or the tenant as shown on the utility billing records of the City. If
the owner cannot be found, or if the notice is refused, or if the notice is returned by the United States
Postal Service, then the owner may be notified by posting notice on or near the front door of each building
on the premises where the violation exists at least ten (10) days prior to further action or by posting notice
on a placard attached to a stake driven into the ground on the premises where the violation exists at least
ten (10) days prior to further action.
EXCEPTION: IIleqal Temporary Siqns - The enforcement official is hereby authorized to remove without
notice any illegal temporary signs placed on public property or within a right-of-away. Such signs shall be
impounded and may be destroyed by the City.
D Dilapidated or Deteriorated Siqns - Upon determination by the enforcement official that a sign is in a
dilapidated or deteriorated condition or declared unsafe, dangerous or poses a threat to the safety of the
general public, the enforcement official shall give notice of said determination to the owner of the property
on which the sign is erected. Said notice shall specify a time period of not more than ten (10) days in
which said dilapidated or deteriorated condition must be corrected.
1. Failure by the owner of the property to correct the dilapidated or deteriorated sign or remove the
same within the time provided in the notice shall constitute a violation of this Chapter.
2. When a property owner, agent, or tenant fails to abate a sign declared to be unsafe and dangerous
within the time period allowed, the enforcement official is hereby authorized to contract for such work
to abate the unsafe or dangerous condition and charge the property owner for the costs of such
abatement. If the actual charges to the City are not paid within thirty (30) days, the City shall file a
lien against the property.
3. A sign which has been substantially destroyed or dismantled for any purpose other than maintenance
operations or for changing letters, symbols or other matters on the sign. The sign shall be deemed to
be substantially destroyed or dismantled if the cost of repairing the sign is more than 60% of the cost
of erecting a new sign of the same type at the same location.
A sign which does not conform to the regulations prescribed in this Chapter and existed lawfully on the date of
adoption of this Chapter, or amendment hereto, shall be declared a nonconforming sign and may exist in its
present form. A nonconforming sign may be maintained, but shall not be altered, or moved unless a permit
be issued pursuant to the provisions of this Chapter. The right to continue a nonconforming sign shall cease
and such shall be removed whenever:
Chapter 7 - Sign Regulations
Page 7 - 23
wnd Development Code (Oct 21 - OJ)
City of Colleyville, Texas
A. A sign is altered, moved or relocated without a permit pursuant to the provisions of this Chapter.
Exception: A sign face of a nonconforming sign may be replaced, provided no alterations to the sign
structure are made.
B. A sign is destroyed and the cost to repair exceeds 60% of the replacement cost on the date of the
damage.
C. A sign leans such that an angle between the sign and the ground is 75 degrees or less.
Chapter 7 - Sign Regulations
Page 7 - 24
CITY COUNCIL
cilyor
CC~BJn~ AGENDA BRIEFING
il':\"':;
MEETING DATE:
ITEM # :
ORDINANCE # :
11/04/03
5
0-03-1429
CITY MANAGER
DEPARTMENT HEAD.
FINANCE REVIEW
Previous Action: none
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Amending Ordinance 0-92-880 setting fees and
charqes for Real Estate Open House Siqns
First Reading and Public Hearing
All of the permit fees for signs were previously established by ordinance at the September 16,
2003 City Council meeting. However, since the proposed sign regulations being considered as
a separate agenda item includes a new sign category for Real Estate Open House signs, it is
necessary to establish the annual permit fee for displaying off-premises Real Estate Open
House signs. The proposed ordinance sets the annual permit fee at $75.00.
Recommendation
Approval
Attachments
· Ordinance 0-03-1429
ORDINANCE 0-03-1429
AN ORDINANCE AMENDING ORDINANCE 0-92-880, WHICH SETS FEES AND
CHARGES FOR CITY SERVICES AND SECTIONS OF THE CITY OF COLLEYVILLE
CODE OF ORDINANCES, TO BECOME EFFECTIVE UPON PASSAGE.
WHEREAS, the City of Colleyville charges fees for miscellaneous services and
materials as authorized by Ordinance 0-92-880 and it is desirous to
update and add to those fees.
NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT from and after the effective date of this Ordinance, Chapter 2
Section 2-26 (g) of the City of Colleyville Code of Ordinances shall be
revised with the following additions:
Off - Premises Real Estate Open
House Signs Annual Permit Fee
$75.00
Sec. 2.
THAT the effective date of this ordinance shall be upon passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
of 2003.
day
The second reading and public hearing being conducted on the
of 2003.
day
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
CITY COUNCIL cc0" AGENDA BRIEFING
Il';I;i'l:i
MEETING DATE: 11/04/03 CITY MANAGER;
ITEM # : 6 DEPARTMENT HEAD;
ORDINANCE# : 0-03-1430
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Amending Section 2 of Ordinance 0-03-1417 to
authorize the expenditure of up to $43,500 of
unappropriated fund balance for reimbursement of
the Voluntary Park Fund for the purchase of a reel
mower and paint striping of park facilities
First Reading and Public Hearing
On October 7,2003, the City Council approved the use of the Voluntary Park Fund monies, in
the amount of $3,300, for parking lot striping for Colleyville City Park, the Pleasant Run Soccer
Complex and the Colleyville Nature Center. Additionally, on October 7, 2003, the City Council
approved the funding of a mower for the over-seeding program at Colleyville City Park,
Pleasant Run Soccer Complex and the practice areas, in the amount of $39,999, from the
Voluntary Park Fund.
On October 21,2003, the City Council approved the purchase of a Toro Groundmaster 4500 D
mower, in the amount of $39,999, through the Texas Local Government Statewide Purchasing
Cooperative (BuyBoard) Program. At the meeting, the City Council requested that the City
Manager proceed with preparing an amendment to the FY2004 Fiscal Budget to provide
funding for the reimbursement of the Voluntary Park Fund, in an amount not to exceed
$43,500.
Financial Impact
The FY2004 General Fund appropriation will be amended from $12,903,156 (Ordinance 0-03-
1417) to $12,946,656 by the addition of $43,500 for the reimbursement of the Voluntary Park
Fund. This funding is from unspent expenditures from the FY 2003 Parks Department budget.
Recommendation
Approval
Attachments
. Resolution R-03-2227
. Resolution R-03-2241
. Ordinance 0-03-1430
RESOLUTION R'()3-2227
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF OCTOBER 7, 2003
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 September 16,
2003, are hereby approved.
b.
THAT the minutes of the City Council Worksession of September 8, 2003,
are hereby approved.
c.
THAT the minutes of the Joint City Council and Economic Development
Task Force Worksession of September 17, 2003, are hereby approved.
d.
THAT the vacation/abandon ment of a public drainage and utility easement
on Lot 1, Block 1, Corely Subdivision, located at 5409 Colleyville Boulevard,
is hereby approved.
e.
THAT the mower to be funded from the Voluntary Park Fund, in an amount
not to exceed $40,000, is hereby approved
f.
THAT the parking lot striping to be funded from the Voluntary Park Fund, in
an amount not to exceed $3,300, is hereby approved.
g.
THAT the Intertocal Agreement renewal and funding for the Metroport Teen
Court program, is hereby approved.
AND IT IS SO RESOLVED.
Resolution R-03-2227
Page 2 of 2
APPROVED BY A VOTE OF A AYES, 2. NAYS AND D
ABSTENTIONS ON THIS THE ?w, DAY OF ~.~ 2003.
ATTEST:
ZJ:::~!M
City Secretary
RESOLUTION R-03-2241
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF OCTOBER 21, 2003
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 October 7, 2003,
are hereby approved.
b.
THAT the minutes of the Joint City Council and Economic Development
Task Force Worksession of September 24,2003, are hereby approved.
c.
THAT the minutes of the Joint City Council and Economic Development
Task Force Worksession of October 1,2003, are hereby approved.
d.
THAT the minutes of the City Council Worksession of October 4,2003, are
hereby approved.
e.
THAT the FY2004 Agency Agreements including the Arts Council of
Northeast Tarrant County, Alliance for Children, Women's Haven,
Colleyville Heritage High School (CHHS), Grapevine High School (GHS),
Keller High School (KHS), Metroport Meals on Wheels (MMOW), Colleyville
Area Chamber of Commerce, Tarrant County Youth Recovery Campus,
Colleyville Proud, Grapevine Relief and Community Exchange (GRACE)
and the Women's Shelter, are hereby approved.
f.
THAT the amendment to the Employment Agreement between the City of
Colleyville and the City Manager, is hereby approved.
g.
THAT the Professional Turf Products Buy Board Quote for a Toro
Groundsmaster 4500 D mower, in the amount of $39,999, is hereby
approved.
Resolution R-03-2241
Page 2 of 2
AND IT IS SO RESOLVED.
APPROVED BY A VOTE OF S AYES, 0 NAYS AND 0
ABSTENTIONS ON THIS THE ~$;- DAY OF D 06<A.J 2003.
ITEMS e., f. and g. WERE REMOVED AND CONSIDERED UNDER ENDING
RESOLUTION R-03-2249.
Cynthia Singleton, TRMC
City Secretary
ATTEST:
1h>Lk~~
ORDINANCE 0-03-1430
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 0-03-1430 RELATING
TO THE FISCAL YEAR 2003-2004 BUDGET, TO AUTHORIZE THE
EXPENDITURE OF UP TO $43,500 OF UNAPPROPRIATED FUND BALANCE OF
THE GENERAL FUND FOR REIMBURSEMENT OF THE VOLUNTARY PARK
FUND, FOR THE PURCHASE OF A REEL MOWER AND PAINT STRIPING OF
PARK FACILITIES; PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, Resolution R-03-2227 authorized the purchase of a reel mower and
paint striping of park facilities from the Voluntary Park Fund; and
WHEREAS, the City Council desires that the Voluntary Park Fund be reimbursed
by the General Fund for these purchases up to a maximum of
$43,500 from unspent expenditures provided from the Parks
Department Budget from the Fiscal Year 2002-2003 Budget; and
WHEREAS, the appropriation was not included in the Fiscal Year 2003-2004
Budget approved by the City Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec.1.
THAT all of the above premises are found to be true and correct and
are hereby incorporated into the body of this ordinance as if copied in
their entirety herein.
Sec.2.
THAT appropriations in the annual budget for Fiscal Year 2003-2004
as adopted by Ordinance 0-03-1417 are amended to read as follows:
General Fund
Utility Fund (Water & Wastewater)
Debt Service Fund
Drainage Utility Fund
$12,946,656
$ 8,304,466
$ 2,191,087
$ 630,282
Sec.3.
THAT the City Manager be and is hereby authorized to make the
appropriate change to the budget to reflect the changes noted above.
Sec.4.
THAT the effective date of this ordinance shall be immediate upon its
passage.
AND IT IS SO ORDERED.
Ordinance 0-03-1430
Page 2
The first reading and public hearing being conducted on the
2003.
day of
The second reading and public hearing being conducted on the
2003.
day of
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
CITY COUNCIL
AGENDA BRIEFING
MEETING DATE: 11/04/03 CITY MANAGER 11.\ I ,l"r'
'y IV"
ITEM # : 7 DEPARTMENT HEAD 1 :rc. *""
RESOLUTION # : R-03-2251 FINANCE REVIEW i N.A.
Previous Action: None
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT : Approval of a waiver of perimeter street
improvement requirements for 9.56 acres out of the
Simon Cotrail Survey, Abstract 328, located at 2113
Glade Road and 4800 Bill Simmons Road
Reading and Public Hearing
Barry Mitcham is the developer of 9.56 acres of land located on the south side of Glade Road
and on the west side of Bill Simmons Road. The City Council approved a zoning change on
the property to R30 Single Family Residential on October 21, 2003. During the review of the
zoning case, the developer was advised of the requirements to improve the streets adjacent to
the property. The developer has requested a waiver of this requirement as allowed by the
Land Development Code.
Mr. Mitcham proposes to subdivide the property into five lots, one of which would have an
existing residence located on the lot. One of the requirements of platting two or more single
family lots is to construct a portion of the street adjacent to the property, or escrow an
equivalent amount of money with the City for the future construction of the street. The owner
is seeking a waiver of the perimeter street construction requirement for this property, as
explained in the attached letter. The owner of the property does not own any contiguous land.
The developer was notified of the perimeter street improvement requirement and the
requirement to pay roadway impact fees at the time the zoning case was submitted.
The property is zoned R30 Single Family Residential. The property has 168.4 feet of frontage
on Glade Road and 522.9 feet of frontage on Bill Simmons Road. Lots with existing
residences are exempt from this requirement. Both Glade Road and Bill Simmons Road are
asphalt streets without curbs or sidewalks. According to the Master Thoroughfare Plan, this
portion of Glade Road is designated as a 2-lane Minor Arterial, with an ultimate right-of-way
width of 75 feet and a pavement width of 42 feet. Bill Simmons Road is designated as a
residential street, with an ultimate right-of-way width of 50 feet and a pavement width of 31
feet. The following table shows the pertinent data relative to this request.
Agenda Briefing
Resolution R-03-2251
Page 2 of 2
STREET
Bill Simmons Road
Glade Road
credit for im
Total
Perimeter Street Improvement Cost Estimate
FRONTAGE TOTAL ESTIMATE COST PER LINEAR FOOT
522.9 feet $ 59,913.10 $ 114.58
168.4 feet $ 24,554.42 $145.81
$ 7,848.00
$ 76,619.52
The cost estimate listed in the table is based on the City's costs to construct similar types of
roadways. The estimate includes both construction costs and engineering design costs. The
total estimate also includes a credit of $7,848 for the impact fees that will be collected on this
property. For roadways on the Master Thoroughfare Plan, the City cannot collect both
perimeter street escrow and impact fees.
Mr. Mitcham has appealed this requirement as allowed by the Land Development Code. The
Land Development Code gives the City Council the authority to consider a waiver from this
regulation, as the Council is the appeals body for Chapter 9 of the Code, in which this
regulation is contained.
The City Council's options in this case are the following:
1. Approve the waiver as requested - This action would waive the perimeter street fee
requirement for this property in the amount of $76,619.52.
2. Approve the waiver in part - The Council may waive a portion or percentage of the fee.
3. Denv the waiver - The property owner must escrow $76,619.52 with the City before
building permits could be issued on the property.
Recommendation
Denial
Attachments
· Location and Zoning Map
· Letter from Applicant
· Property Layout
· Resolution R-03-2251
Location and Zoning Map
September 26, 2003
City of Colleyville
5400 Bransford
PO Box 185
Colleyville, Texas 76034
Re: Z-03-023, 2113 Glade Road & 4800 Bill Simmons
Dear Madam or Sir,
I recently submitted an application to rezone the above referenced property.
Prior to my first Planning and Zoning Commission meeting, I received a
development review committee memo. This very helpful memo outlined many of
the items to consider as I progress through this process. I fully understand and
agree with the need for all of the items brought forth in this memo for properties
to be developed within the City of Colleyville, with the exception of street
widening and sidewalks as they apply to this property only.
I completely understand the need for street widening and improved pedestrian
circulation in most developments. Why should the city and it's taxpayers bear
the expense of improving these items for future residents, when the cost for
these items may be paid by the individuals who will use and enjoy them.
Implementation of the City's Land and Development Code for this application is
clear. However, in certain instances, such as this project, it is my opinion that
implementation of the code will most likely result in escrowed moneys that will
never be used. Please consider the following comments with regard to our
situation:
The street is fully developed. Potential for further property subdivisions on Bill
Simmons is minimal. Future escrow of additional moneys would be minimal
to none.
Future demolition and reconstruction is unlikely. The majority of the homes
are larger, well maintained homes. Value in the home itself makes demolition
and reconstruction economically unfeasible. Again, future improvement
escrow is minimal.
Bill Simmons was recently improved. (Repaved and widened approximately
two years ago.) Paving was removed, the subsurface widened and
recompacted. It was not a simple resurfacing project. The road remains in
good condition with many years of use remaining.
Bill Simmons is a short dead-end street, which carries very little traffic. The
traffic load on the street will remain static over time.
The half-acre home sites are constructed very close to the road. Widening
the street and adding a sidewalk would result in elimination of most of their
front yard.
Utility poles line both sides of the road. They would all need to be relocated.
Property Layout
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Proposed Subdivision of Land
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ZONING EXHmIT FOR ZONING REQUEST CHANGE
REQUEST FROM R-20 TO R-30
REQUEST FROM R-40 TO R-30
RESOLUTION R-03-2251
A RESOLUTION APPROVING A WAIVER OF
PERIMETER STREET IMPROVEMENT REQUIREMENTS FOR
9.56 ACRES OUT OF THE SIMON COTRAIL SURVEY, ABSTRACT 328
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the perimeter street improvement requirements for 9.56 acres out of
the Simon Cotrail Survey, Abstract 328, as shown in Exhibit "A", are hereby
waived.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF
THIS THE DAY OF
AYES,
NAYS AND
2003.
ABSTENTIONS ON
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
1
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Existing Zoning/Configuration
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Exhibit A
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Proposed Subdivision of Land
ZONING EXHIBIT FOR ZONING REQUEST CHANGE
REQUEST FROM R-20 TO R-30
REQUEST FROM R-40 TO R-30
CITY COUNCIL
~" AGENDA BRIEFING
7"('.....,~
MEETING DATE: 11/04/03
ITEM # : 8
RESOLUTION #:! R-03-2252
CITY MANAGE
i
DEPARTMENT HEAD I
;
,
FINANCE REVIEW I
!
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Consideration of appointment to the Metroport Teen
Court Advisory Board
Reading and Public Hearing
There were two at-large positions on the Metroport Teen Court Advisory Board whose terms
expired September 2003. The positions were advertised and one application was received.
The City Council appointed Linda Eilenfeldt to the Board on October 7, 2003 and the open
position was re-advertised and one application was received from Karyn Hahne whose
application is attached.
This Resolution provides for City Council to appoint an at-large member to the Metroport Teen
Court Advisory Board for a term expiring September 2004.
Financial Impact
None
Recommendation
Approval
Attachments
. Metroport Teen Court Advisory Board roster
. Application for Appointment
. Resolution R-03-2252
Debbie Armstrong
3006 Double Creek Drive
Grapevine, TX 76051
H: 817.481.3606
M: 817.366.6648
debbiea3006<1l!hotmail.com
TERM: - September 2006
Darlene Freed
3417 Lookout Court
Grapevine, TX 76051
W: 817.481.9977
F: 817.488.2988
M: 817.480.6434
dfreed<1l!ci.o raoevine. lx. us
TERM: - Present
Bill Streidl
2702 Pinehurst Drive
Grapevine, TX 76051
W: 214.292.7848
H: 817.424.4301
william. i.streidl<1l!xo.com
TERM: - September 2006
Municipal Judge
Gary Lee Hach
1401 Elm Street, #4741
Dallas, TX 75202
W: 214.651.8700
ohach<1l!ci .southlake. tx. us
TERM: - December 2003
Court Personnel
Amber Cartwright
1400 Main St., Ste. 440
Southlake, TX 76092
W: 817.481.1897
F: 817.481.1945
acartwrio ht<1l!ci .south lake. lx. us
TERM: - December 2003
2003-2004
Teen Court Advisory Board
Teresa Campbell
700 E. South lake Blvd., Ste. 150
Southlake, TX 76092
W: 817.329.3000
M: 817.235.0275
tcamobell<1l!f1vnncamobell.com
TERM: - December 2004
Keith Shankland
1704 Pecos Drive
Southlake, TX 76092
H: 817.421.6756
M: 817.988.0016
keithshankland<1l!charter. net
TERM: - May 2004
Municipal Judge
Judge James Ames
460 W. Harwood Road
Hurst, TX 76054
W: 817.280.0811
H: 817.545.8996
F: 817.282.4127
i.ames<1l!leachames.com
TERM: - December 2003
Municipal Judge
Terry Leach
460 W. Harwood Road
Hurst, TX 76054
W: 817.280.0811
tleach<1l!leachamesmndhm.com
TERM: - December 2003
Court Personnel
Sean Leonard
1400 Main St., Ste. 210
Southlake, TX 76092
W: 817.481.1859
M: 817.988.3231
sleonard<1l!ci .so uthlake. tx. us
TERM: - December 2003
Linda Eilenfeldt
2807 Cottonwood
Colleyville, TX 76034
W: 817.416.5112
H: 817.571.3682
M: 817.909.1052
TERM: September 2003 -
2004
Sandy Sobocinski
903 Wentwood Drive
South lake, TX 76092
W: 817.949.5800
H: 817.410.8014
sandy .sobocinski<1l!charter .net
TERM: - December 2004
Municipal Judge
David A. Florence
P.O. Box 2413
Grapevine, TX 76099
W: 817.410.3282
TERM: - December 2003
Municipal Judge
Carol Montgomery
1400 Main Street, Ste. 210
South lake, TX 76092
H: 817.266.5291
cmontaomerv<1l!ci.southlake.lx.us
TERM: - December 2003
LIAISON
Rich Hendler
2100 Highland Meadows
Colleyville, TX 76034
W: 817.421.8165
H: 817.421.8164
F: 817.428.8966
M: 817 .821.0005
hendlerr<1l!ci .collevville. lx. us
City of
o fE~fEnW!fE
Texas
OCT -2 am
Application for Appointm
CITY SECRETARY'S
OFF/CF
Planning and Zoning Commission and Zoning Board of Adjustment
applicants are required to file Financial Disclosure and Business Conflict of Interest forms (2) two
business days after the application deadline as advertised in the Public Notice. These forms are
available on the City's website at <htto://www.collevville.com/boards/aoolication.aso> or by contacting the
City Secretary at 817.577.7575, ext. 203.
Ms.
~.' -1/ ;f
rvrr---' Name: n A H "I E l1..J1_y.H..
(Last) (First)
Address: S-(Y') <J Old Oa ~ llH> ~
Home Telephone: go- S'-/s:- S-SL/'1 Work Telephone:
Email Address: 1:' hG..- 'n V\ t', ;;) (-LJ n--.rr. ~ t-. )Hr Fax: 3')-
Board, Commission or Committee A ointment Desired:Co
C
(MI)
Qualifications: (list educational background or experience that would assist you In
carrying out the duties of this appointment)
oy~;,. :J LolIl';jt. - ~Ot-\.L~ ~ 3(,s,/,),,8)
~.. d " Lc.--tC. d cfr") A..y C L )r:Jt ~~ c.d L.... cc..-h vr... c.0 ~,--o 'Iv---t\-
~d 1h-..l:n' r. (J nl L Y tJ of> ~ ~ cJ l.. :J~ \ Y A..C-J:.. ~u n.- d
~ti~~ o.d~:~~,da.:~ ~:~ D~~d~tJ (~ ~~.~ A~ If> r../
Reascms Tor Serving:' (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
t- )'Tk bO~j ~ c:::/ II:" ~f.."... r nl...L/ 'h.c...t. bE.- u... ~",-c.\.... ("~ p"'---'; h vL
I- i j'") ~ ...., t No rr . 10 L 1- Go r \.. ~r...l- ::'OV>..L"tI:M ":.1 d JJ ~.no. r c:) tJ- :1 ~c..\.._
L L
~T
Signatur :
Date: cr )~,-i O~
Once the Ci Council has filled a position, your application will be removed from the file
and you must reapply for future openings.
This information will become a Public Record.
City Secretary P.O. Box 185, Col/eyvil/e, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555
RESOLUTION R-03-2252
A RESOLUTION APPOINTING AN AT-LARGE MEMBER TO THE METROPORT
TEEN COURT ADVISORY BOARD
WHEREAS, the Metroport Teen Court Advisory Board has one at-large vacancy; and
WHEREAS, one application has been received.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the City Council hereby appoints the following person to serve as
an at-large member to the Metroport Teen Court Advisory Board for a
term ending September 2004:
· Karyn Hahne
AND IT IS SO RESOLVED.
APPROVED THIS DAY OF
AYES, NAYS AND ABSTENTIONS.
2003, BY A VOTE OF _
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
CITY COUNCIL
." AGENDA BRIEFING
it,.",,::;
MEETING DATE: i 11/04/03
ITEM # : I 9
RESOLUTION #: i R-03-2253
CITY MANAGER I
,
DEPARTMENT HEAD i
!
FINANCE REVIEW i
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: To override the Mayor's veto of Resolution R-03-
2244, appointing members to the Planning and
Zoning Commission
Reading and Public Hearing
This item provides for the Council's consideration of the Mayor's veto of Resolution R-03-2244,
appointing members to the Planning and Zoning Commission.
According to the City's Charter, Section 3.14, Veto by Mayor:
"Upon the return of any ordinance or resolution by the Mayor, the vote by which the
ordinance or resolution was passed shall be reconsidered. If, after such
reconsideration, four (4) Councilmembers agree to pass and adopt such ordinance or
resolution, and enter their votes on the journal of their proceedings, the same shall be in
full force and effect".
Attachments
. Mayor Joe Hocutt's Veto letter
. Excerpts - City Charter
. Resolution R-03-2244
. Resolution R-03-2253
T HE CITY OF COLLEYVILLE
TEXAS
Texas
[5) LE ~ LE ~ \Yl [E fR\
lfU OCT 2 7 2003 lW
JOE HOCUTT
MAYOR
CITY SECRETARY'S
OfFICf
To: Cynthia Singleton, City Secretary
ColleyvilIe City Council
RE: R-03-2244 - Planning & Zoning Commission Appointments
During the election I made a commitment to the citizens of Colleyville to move our city
forward in a positive manner, beyond the politics that impugn our city's reputation. The
appointments approved perpetuate the past and do not represent the majority of
Colleyville's citizens.
This leaves me no other option but to veto resolution 03-2244.
My position remains the same, as I stated at our last council meeting, sometimes "the
only way to change is to change". The response I've received from our citizens is
overwhelmingly supportive. We have an opportunity to work together for the desires of
our citizens and to move our city forward in a positive way.
P.O. BOX 185 COLLEYVILLE, TX 76034 METRO 817.577.7575 FAX 817.577.7555
'------'
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RESOLUTION R-03-2244
A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND ZONING
COMMISSION
WHEREAS, three (3) positions on the Planning and Zoning Commission have expiring
terms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Colleyville City Council hereby appoints the following persons to
serve a two year term, effective this date, and expiring September 2005:
· Luann Edwards
· Tom Hart
· Dave Dudziak
AND IT IS SO RESOLVED.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2003, BY A VOTE OF
ABSTENTIONS.
II
ATTEST:
!
CITY OF COLLEYVILLE
Vetoed by Mayor Hocutt on October 27,2003.
,j Cynthia Singleton, TRMC
i
I City Secretary
Joe Hocutt
Mayor
RESOLUTION R-03-2253
A RESOLUTION TO OVERRIDE THE MAYOR'S VETO OF RESOLUTION R-03-2244
APPOINTING MEMBERS TO THE PLANNING ZONING COMMISSION
WHEREAS, Mayor Hocutt has vetoed Resolution R-03-2244, appointing members to the
Planning and Zoning Commission; and
WHEREAS, the City Council agrees to override the Mayor's veto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Colleyville City Council hereby overrides the Mayor's veto of
Resolution R-03-2244, appointing members to the Planning and Zoning
Commission.
AND IT IS SO RESOLVED.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2003, BY A VOTE OF
ABSTENTIONS.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
CITY COUNCIL
cc~" AGENDA BRIEFING
It,..;<,$
MEETING DATE:
ITEM#:
RESOLUTION # :
11/04/03
10
R-03-2254
CITY MANAGER I
DEPARTMENT HEAD!
FINANCE REVIEW!
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: To override the Mayor's veto of Resolution R-03-
2245, appointing members to the Colleyville
Economic Development Corporation Board of
Directors
Reading and Public Hearing
This item provides for the Council's consideration of the Mayor's veto of Resolution R-03-2245,
appointing members to the Colleyville Economic Development Corporation Board of Directors.
According to the City's Charter, Section 3.14, Veto by Mayor:
"Upon the return of any ordinance or resolution by the Mayor, the vote by which the
ordinance or resolution was passed shall be reconsidered. If, after such
reconsideration, four (4) Councilmembers agree to pass and adopt such ordinance or
resolution, and enter their votes on the journal of their proceedings, the same shall be in
full force and effect".
Attachments
. Mayor Joe Hocutt's Veto letter
. Excerpts - City Charter
. Resolution R-03-2245
. Resolution R-03-2254
City of
T HE CITY OF COLLEYVILLE
TEXAS
rD)~ ~ ~ ~ w tErm
mll OCT 27 1003 lW
CITY SECRETARY'S
OFFICf
JOE HOCUTT
MAYOR
To: Cynthia Singleton, City Secretary
Colleyville City Council
RE: R-03-2245 - Colleyville Economic Development Corporation Board of Directors
Appointments
During the election I made a commitment to the citizens of Colleyville to move our city
forward in a positive manner, beyond the politics that impugn our city's reputation. The
appointments approved perpetuate the past and do not represent the majority of
Colleyville's citizens.
This leaves me no other option but to veto resolution 03-2245.
My position remains the same, as I stated at our last council meeting, sometimes "the
only way to change is to change". The response I've received from our citizens is
overwhelmingly supportive. We have an opportunity to work together for the desires of
our citizens and to move our city forward in a positive way.
Respectfi!lly,
Joe Hocutt
Mayor
P.O. BOX 185 COLLEYVILLE, TX 76034 METRO 817.577.7575 FAX 817.577.7555
I
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RESOLUTION R-03-2245
A RESOLUTION APPOINTING MEMBERS TO THE COLLEYVILLE ECONOMIC
DEVELOPMENT CORPORATION BOARD OF DIRECTORS
WHEREAS, three positions on the Colleyville Economic Development Board of Directors
have expiring terms effective September 2003.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
I Sec. 1.
THAT the Colleyville City Council hereby appoints the following persons to
serve a two year term expiring September 2005:
· Donna O'Brien
· Lee Skaalrud
· Richard Newton
AND IT IS SO RESOLVED.
APPROVED THIS
AYES, NAYS AND
DAY OF
ABSTENTIONS.
2003, BY A VOTE OF
ATTEST:
CITY OF COLLEYVILLE
Vetoed by Mayor Hocutt on October 27, 2003.
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
RESOLUTION R-03-2254
A RESOLUTION TO OVERRIDE THE MAYOR'S VETO OF RESOLUTION R-03-2245
APPOINTING MEMBERS TO THE COLLEYVILLE ECONOMIC DEVELOPMENT
CORPORATION BOARD OF DIRECTORS
WHEREAS, Mayor Hocutt has vetoed Resolution R-03-2245, appointing members to the
Colleyville Economic Development Corporation Board of Directors; and
WHEREAS, the City Council agrees to override the Mayor's veto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Colleyville City Council hereby overrides the Mayor's veto of
Resolution R-03-2245, appointing members to the Colleyville Economic
Development Corporation Board of Directors.
AND IT IS SO RESOLVED.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2003, BY A VOTE OF
ABSTENTIONS.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
CITY COUNCIL
cc~" AGENDA BRIEFING
fex.,,;
MEETING DATE:
ITEM#:
RESOLUTION # :
11/04/03
11
R-03-2255
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW
(!)l
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT : Consideration of appointments to the Planning and
Zoning Commission
Reading and Public Hearing
On October 27,2003, Mayor Hocutt vetoed Resolution R-03-2244, which was approved
by City Council on October 21, 2003, appointing members to the Planning and Zoning
Commission. In the event that Council sustains the Mayor's veto, this Resolution
provides the opportunity for Council to consider appointments to the Planning and
Zoning Commission.
There are three (3) positions on the Planning and Zoning Commission whose terms
expired September 2003. The positions were advertised and applications accepted
through September 18, 2003. There are seven (7) applicants, whose names are listed
below and their applications are attached.
. Mark Jones*
. Dave Dudziak
. Michael Taylor
. Michael Brady
. Tom Hart
. Jo Ann Gasper
. Luann Edwards
*Incumbent
Attachments
. Planning and Zoning Commission roster
. Applications for Appointment
. Financial Disclosure and Business Conflict of Interest forms - Michael Brady
. Resolution R-03-2255
Planning and Zoning Commission
Meets Second and Fourth Monday at 7:00 p.m. in Council Chambers
PLACE 3
Earl Swift
207 Virginia Square
Colleyville, TX 76034
H: 817.498.8780
F: 214.855.1962
qerrvswift<1l!comcast. net
TERM: September 2002 - 2004
PLACE 2
Jeffrey Byerly
7109 Pebble Hill Drive
Colleyville, TX 76034
W: 817.416.4933
H: 817.329.3372
F: 817.410.9723
ibverlv<1l!msn.com
TERM: September 2002 - 2004
PLACE 4
Jeffrey Wall
7900 Jefferson Circle
Colleyville. TX 76034
W: 817.577.0698
H: 817.577.0698
F: 817.281.1698
iwaIl52703<1l!aol.com
TERM: September 2002 - 2004
PLACE 1
Bruce Kelly
3001 Scarborough Lane
Colleyville, TX 76034
W: 817.999.9115
H: 817.355.1145
F: 817.355.1145
brucek6063<1l!sbCQ lobal. net
TERM: September 2002 - 2004
PLACE 5
Bob Culley
4737 Lakewood Drive
Colleyville, TX 76034
W: 817.581.5601
H: 817.656.2389
F: 817.247.8012
bcullev<1l!lvbrands.com
TERM: October 2001 - 2003
PLACE 6
Mark Jones
3604 Wexford Court
Colleyville, TX 76034
W: 214.801.7626
H: 817.540.1021
F: 817.540.6527
ionesma<1l!swbell.net
TERM: September 2001 - October 2003
PLACE 7
Bud Sellers
7004 Rosebrook
Colleyville, TX 76034
W: 817.329.1970
M: 817.308.5013
budsellers 1 <1l!aol.com
TERM: September 2001 - October 2003
LIAISON
Jon Ayers
4808 Meandering Way
Colleyville, TX 76034
W: 817.267.9009
H: 817.267.1630
F: 817.318.0663
M: 972.571.6647
aversi <1l!ci. collevville. tx. us
LIAISON
Mark Skinner
4108 Greenway Court
Colleyville, TX 76034
W: 214.957.1834
H: 817.498.5698
F: 817.514.6664
M: 214.957.1834
skinnerm<1l!ci. collevville. tx.us
Revised 10/09/03
SEP 1 0 2003
[E~[E~'WE
CITY SECRETARY'S
OFFICF
Application for Appointn ent
Planning and Zoning Commission and Zoning Board of Adjustment
applicants are required to file Financial Disclosure and Business Conflict of Interest forms (2) two
bUSiness days after the application deadline as advertised in the Public Notice. These forms are
available on the City's website at <htto:/lwww.collevville.com/boards/aoolication.asp> or by contacting the
City Secretary at 817.577 .7575, ext. 203.
Ms.
Mrs.
Mr. Name: JONES, MARK
(Last)
Address: 3604 WEXFORD CT.
Home Telephone:817-540-1021
A.
(First) (MI)
COLLEYVILLE, TX. 76034
Work Telephone:214-801-7626
Email Address_
Fax:817-540-6527
Board, Commission or Committee Appointment Desired: P&Z Commission
Qualifications: (list educational background or experience that would assist you In
carrying out the duties of this appointment)
BBA, NORTH TEXAS STATE UNIVERSITY, SENIOR EXECUTIVE
TELECOMUNICATIONS INDUSTRY WITH BOTH DOMESTIC AND INTERNATIONAL
BUSINESS DEVELOPMENT EXPERIENCE, CURRENT COLLEYVILLE PLANNING
AND ZONING COMMISSIONER
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
HAVING RETIRED FROM CORPORATE LIFE DUE TO MEDICAL LIMITATIONS I
DESIRE TO CONTINUE SERVING COLLEYVILLE AND HER CITIZENS BY
VOLUTEERING MY TIME AND EFFORTS WHILE LEVERAGING MY BUSINESS
DEVELOPMENT AND P&Z EXPERIENCE, PROVIDE CONTINUITY WHILE WORKING
TO COMPLETE THE MASTER PLAN UPDATE, UTILIZE MY PAST P&Z
EXPERIENCE AND TRAINING TO CONTINUE WORKING ON THE VARIOUS
ZONING AND PLATING OPPORTUNITIES PRESENTED TO THE CITY.
.
.
Do you understand that attendance and active support is required for each appointee?
_X_ yes no
Signature: _Mark A. Jones
Date: September 9. 2003
Once the City Council has filled a position. your application will be removed from the file
and you must reapply for future openings.
This information will become a Public Record.
City Secretary P.O. Box 185, Colleyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555
Application for Appoint
ellY Of
Planning and Zoning Commission and Zoning Boa
applicants are required to file FinancIal Disclosure and Business Conflict of Interest forms (2) two
business days after the application deadline as advertised in the Public Notice. These forms are
available on the City's website at <htto:/lwww.collevville.com/boards/aoolication.asp> or by contacting the
City Secretary at 817.577.7575, ext. 203.
Ms.
Mrs.
Mr. Name:
Address:
Dudziak
(Last)
2301 Wilkes Court
Dave
(First)
Colleyville, TX 76034
G.
(MI)
Home Telephone:
Email Address:
(817) 421-8789
Work Telephone:
(817) 429-8008 Ext 224
(817) 446-4486
~ Fax:
Board, Commission or Committee Appointment Desired: Planning & Zoning Comm.
Qualifications: (list educational background or experience that would assist you in
carrying out the duties of this appointment)
9 years In the building\remodeling industry working in customer service management. 5 years in
the homebuilding business in Tarrant & adjacent counties. The past 3 years as VP of Customer
Service. I am involved as part of History Maker Homes management team in the development
of & implementation of new residential communities. I deal daily with homeowner issues that
involve all aspects of their homes and their subdivisions. This gives me experience that enables
me to be sensitive to our fellow residents and their concems on matters that come before the
Committee. Experienced working within Colleyville to develop & complete the redevelopment of
Kimzey Park. President of the Ross Downs HOA for the past 3 years.
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
I am a long time (10 yrs.) resident who is willing to work with other citizens to assist our city
leaders. by working with my fellow P & Z members, as they make decisions that will lay the
ground work for a brighter future for our residents. I am willing to commit the time and energy to
the committee. I understand the important roll that P& Z plays in the development of residential
areas and commercial businesses.
Do you understand that attendance and active support is required for each appointee?
_X yes no
Signature:
Date:
Once the City Council has filled a position, your application will be removed from the file
and you must reapply for future openings.
This information will become a Public Record.
City Secretary P.O. Box 185, Colleyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555
Ms.
Mrs.
~ Name:
Address:
SEP 17 m
'texas C'1Y Of 1".,." ~';i: I
Application for Appointment '. '^'---_. . .-..
CUY Of
,nee
Taylor Michael
(Last) (First)
5016 Chelsea Drive. ColleYVille
A.
(MI)
Home Telephone: 817-267-5407
Work Telephone: 817-366-5557 (M)
Email Address: _
Fax: 817-377-4405
Board, Commission or Committee Appointment Desired:
Planning & Zoning Commission
Qualifications: (list educational background or experience that would assist you in
carrying out the duties of this appointment)
Current: Small business owner, GCISD DEC Committee, Policy Advisory Board Rep.
Vicki Truitt, Tarrant County Crimestoppers BOD, NE Tarrant County Chamber BOD,
Chair Business & Industry Advisory Board for Rep Vicki Truitt. Former positions on
CV City Council, CV CEDC, CV CCPD, CV TIFRZ Board, SH-26 Advisory Committee,
1991 Bond Committee, GCISD 2002 Long Rang Planning Committee, Exec Dir HEB
Economic Development Foundation, Chair Transportation Advisory Board '98-'02 for
Rep. Vicki Truitt, NE Tarrant Arts Council, Tarrant County Crime Stoppers BOD.
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
I've been priviledged to serve our city in various positions and will bring a working
knowledge of the city, transportation and professional economic development
experience to the P&Z Commission that will help to enhance the debate among all
members. I believe our development buildout is bright, but challenging, and I have a
positive outlook for the challenges and opportunities we face. As a small business
owner and resident. I have been affected by many of the same situations Colleyville
faces today and have first hand experience that can be shared with the commission
members and applicants.
Do you understand that attendance and active support is required for each appointee?
XX yes no
-r
Signature:
Date: September 17. 2003
Once the City ncil has filled a position, your application will be removed from the file
and you must reapply for future openings.
This information will become a Public Record.
City Secretary P.O. Box 185, Colleyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555
City Of
~lE(cIE~WrE
ll(6
SEP 1 7 2003
co
Application for Appoin
CITY SECRETARY'S
OFFICf
Planning and Zoning Commission and Zoning Board of Adjustment
applicants are required to file Financial Disclosure and Business Conflid of Interest forms (2) two
business dllfi after the application deadline as advertised in the Public Notice. These forms are
available on ,..c.y's website at <htto:llwww.collevville.com/boardslaoolication.aso> or by contading the
City Secretary at 817.577.7575, ext. 203.
Ms.
Mrs.
~)
Name: Bradv YVt iJ'Cfel
(Last) r (Firt) (MI)
Address: eLf-ol Cu.-her Ridje C, Colleyville
Home Telephone: B("7-- G5b-':;~:~I~1 Work Telephone: 'i;f7- 4f((- ~S;! I
Email Address: ax: g 1,,. :21- -z.. 2- -r~'
-
Board, Commission or Committee Appointment Desired: P f 1- Co /M..hI. ;S5 i 0 PI
Qualifications: (list educational background or experience that V\IOuld assist you in
carrying out the duties of this appointment)
0-1e..:t, re.A-1 eS:hroL t(D!(~ +lX,- II V&vrs.
:Y.
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
~ 1 1- ~_ Lv~sir'f;.55~~ ; reS; ::l~:,.:b:- r~l::e.- I i l,es1-
'-'~.'\-- :l L t.- ~-r- l-i.-; C c-f- +j" 't:" i r (c./0 I
Do you understand that attendance and active support is required for each appointee?
Lyes _no
Signature
~~ "r--c.,,::,
Date: v 0'_
Once the City Council has filled a po lon, your application will be removed from the'"
and you must reapply for future openings.
This information will become a Public Record.
City Sec,..." P.O. Bar 185, CoIleYVlIJer "OU, Phone, 111.677.1ST5 Fc" 111.677.1_
CIlV Of Gollewl''''
&:,nancml DISCk>sure and Business Conflict rl lmeres' =("rm:::
INFORMATION STATEMENT Form 1
Filed In accordance with Ordinance 02-1322 TOTAL ,.~ut.~~q De' ~G!r~ ~~:::
For more mfonnatlon see INSTRUCTION GUIDE
OFFICE USE ONLY
1 NAME TIn.: ~IAS'l' "I /Y1 ,-dt:, e( - .- -
...J.
I~ J~..tb;~UW~ ..
Hlt""""..AY=:l....o::T"-I=j;"nl
/3r~y SE? 1 7 2D03
2 ADDRESS A:J:lR;SS. C:T'<': STA.T:. . Zl" ~ .....
(p yo I ~~ ,e,id.:Je C:t-.
CITY SECRETARY'S
~((e yvi tIer 7'f 7(PtJ3<! OFFICF
~:,.~, I~'
3 TELEPHONE ."',,;:;ACD:J: :tHeY'll: N.....ER iXTS-NSI(l\l
NUMBER ---
'g/7 ) f.s;5fo-~tf~/
( ....-
4 REASON o CANDIDATE
FOR FILING (INDICATE OFF,CE)
STATEMENT o ELECTED O~FICIAL
(INO:CATE OrrtCE)
o ZONING BOARD OF ADJUSTMENT IAPPlICANTORAPro,NTEEI
I1PLANNING AND ZONING COMMISSION (APPL,CANT OR APro,NTEE) ~
o TWO (2) BUSINESS DAYS FOLLOWING THE CLOSING OF FILING FOR ELECTIVE
I OFFICE OR APPOINTMENT
I o CHANGES TO BE FILED JANUARY 15TH
I 0 CHANGES TO BE FILED JULY 15TH
0 SUPPLEMENTAL CHANGES
i 5 "To.-,oe miormation tor spouse aM aepenaent ctlllaren wnose tmanClal actMty thE: filer hao actual cantrol over ounng
thlc filing penod In adalt,on. the source of annual Income of the spouse shall be provlaed. as sUbJBCt to !eaeral electIOn
I reponing requirements for a spouse'
I ~eo",' L; bb?E. W. ~(,,<L~
I
I
DEPENDENT CHILD' 'MCtu.. ~ oy
2
I 3
I
If n NO CHANGE. I ao ov nere verity that there has been no changes slflce the prev,ous filing of the Flnanc,al Disclosure
I and Buslfless Conft,Cl of Interest Forms. PLEASE SEE FORM 8
I In Da"~ 1..1 disclose your tlflaoc.al aellv,t'! aunng the 12 mO~lI1S proceed,ng the aate 01 filing. In pan 5 a,sclose not Only
your own finanCial aellvltv. but a,so tnat of Your spouse analor depenaent ch,la or ch,laren. it you had actual control over
tnat person's financial aellv,ty
COpy AND ATTA~DDIT10NAL PAGES AS NECESSARY
INITIAL HERE -~r -- DATE -~~!"~J---
I--J
CItV o' Collevv,lle
Financial Dlscaosure and BUSiness Con~l1C1 c' 'nt~re~' :::~'ry"~
SOURCES OF OCCUPATIONAL INCOME Form 2 !
I
When reporting Informallon about a dependent Child's actIVIty. Indicate tile child about whom you are reporllng oy
prov,d,ng tne numoer under which the Child IS listed on FORM 1.
,
INFORMATION RELATES TO ~FILER o SPOUSE o DEPENDENT CHIU:
2 NAME 4NO AOORE5S ~ EMF'LQvt!R I POSmoN HE:"C'
EMPLOYMENT ~-lu./i ~I [e4.eIi]; ECS e-
O EM"'LOYED BY ANOTHE:R q;l..t:} 5. rJ1a..i 1"/ 5 r I..$D
bt/Pfe Vll'1. of! I ~ 7" os-I
~L= E:MPLOYED NATURE: or OCCUPATION I NAME AND ADDRESS , POSITION HE::..s
Oro/<e r
INFORMATION RELATES TO o FILER ~POUSE o DEPE:NDENT CHILD
NAMe AND ADDRESS Ot EMFtLOYER' POSfTON HE:lD
EMPLOYMENT
I [J ~M::>LOYED BY ANOTHE:R ~r ~( Le4..d~ E~e.-
q;Zo 5. ~ 51: I-S.?:J
I
I b 0f e- ~.~:: o~:OUP'T:J:AMC .:L:~S::~,ON HeeD
I
I
I ~~L= ~M::>LOVE[) PW 11 e.r ! of-hce ~~~
I
I
,
INFORMATION RELATES TO o =IL~R o S~00S=: o DE"'ENDENT CHILD
t~AM~ M~: ,e,,::::~D;~S::.:--- D.~~::'':'~R.' P8STTIC!\: ~::..:
EMPLOYMEN-:-
L ~M"'LOYED BY ANOTHER
r~ATUR.:::: or OCCUPA.no~
! [J S~,-= ~M=LOYED
i COpy AND ATTACH ADDITIONAL PAGES AS NECESSARY
i
INITIAL .-iER:: - t) DATE _~" 1~"Zoo-;'
Crrv oi COJlJ:tvvd6e
F,nancaal Dlsctosure and Business CC'nthCf Of Imeres' = :rm~
INTERESTS IN REAL PROPERTY Form 3
DeSCribe all beneflc,al,nterests ,n real property held or acquIred by you. your Spouse. or a dependent Ch,ld during the
calenoar year WIthin the area crosshaTcned on the map alTactled TO Ordinance 02-1322.
For more mformatlon see INSTRUCTION GUIDE
When reponIng Intormanon aDoU! a dependent enild's actMty. IndIcate the enild about whom you are reponing oy prov'OIng
the number under whlen the child IS listed on Form 1.
, HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD
Z DESCRIPTION Lot City
Block County -----
SubdIVISion Ad Valorum Tax Account Number
I I Acres and Tract -
~ STREEi ADDRESS Sl11EET ADDRESS. INCLUDING CITY. COUNTY. AND STAlE
o NOT ~ooLlCA8'_E
,
USTTHE NAMES AND ADDfl.ESSES OF OTHEI' PERSONS 0fI BIJSINESS ENT'T!ES
" NAME WHICH OWN AN INlEREST IN THE REAL PROPERTY
,....., iNDIVIDUAL
--'
,..., BUSiNESS
LJ
I
HELD OR ACQUIRED BY o FILER o SOOUSE o DEPENDENT CHILD
- DESCRIPTION
I Lot City
I
I Block n - -- --- ----------- County ~~_____ ___
.- -
I SUbdlVISlO" Advelorum Tax Axoun! Numbe'
I - --~---- - - .
I Acres and Tracl - ------ -- -- - -. -
j ---.--- ..
I 2 STREET ADDRESS STRFFT A.f1flRFSS IN('J LInING CITY COUNTY ANn STATE
I r NC)T ,c.coLlCA8L::
I ~
! I
I . NAME L'51 THE NAMES AND ADDRESSES OF OTHER PERSONS DR BUSINESS ENTITlE"
, C INDIViDUAL '"....'H:CH OWN At; It-HERES: !~~ THE REAL PROPER,..,..
I
i =:J BUSINESS
I COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY
./
INITIAL HERE -,b- .-- DATE __(13~!_u
ClfY 04 Colle Wille
l=,nancial DIsclosure and BUSIness Con4/r::t C". Inrpres' = ~rr:--
Gifts
Form 4
10enl1fy any person or organtzabon that has given a gIft worth more than 5250 to you. or 1I10se unOer your f,nanc,ai
control as aeflnea In Ora.n&ce 02-1322 Do not ,ncluae 1) expenanures reQUlreo 10 be reportea by" person reOUlred
to be reg'Slerea as a IObby,st unoer Government Code. Cnapler 305. 2) pOhlical con1l1bunons reported as reauII'ea bv
'aw. or 31 gifts given by a person relatea to the recIPient Wltnln the secona degree by consangUlntty or aftlntlV
When reoortJng Informal1on about a dependent child's actIVity. .ndlcate lI1e child about whom you are reponing bvor. v,dlng
me numoer uncler wn,cn the cn,ld IS ',steo on Form 1.
DONOR
RECIP'ENT
o FILER
o SPOUSE
o DEPENDENT CHILD
2
NAUC' ANO AOnRE.c;,S
DONOR
- DESCRIPTION OF GIFT
RECiPiEN7
o FILER
D DE"ENDENT CHILD
DONOR
DESCRIPTION OF GIFT
RECIPIENT
D 5"0,,5E
o DE"ENDENT CHILD
P>lAIIA[ AND ADDFl[S~
INITIAL HERE
DDITIONAL PAGES AS NECESSARY
DATE _~ "JiI~Q?
Cnv o! ColleWllle
Fmanclal Disclosure and BusIness Ccnfh~ ~. lnferE~' = "rrT');:-
BOARDS AND EXECUTIVE POSITIONS
Form 5
ThiS seC'llon IS tor Intormanon concern.ng execunve posrt,ons and doreC'lorsh,p held by you or !nose under your f,nanclal
comroL For more ,nformatlon see INSTRUCTION GUIDE
When reponing .nlormanon aoou! a dependent childs aC'llVlty, indIcate tne cnild abOut wnom you are reporting oy prOVIDing
tne numbe, under wnlch the chdd IS IIsled on Form 1.
POS!TION HELD BY
Di'lL~R
o S;>QUS~
o D~"~ND~NT CHiLD
/
: ORGANiZATlON
ADDRESS
o NON PRO~lT
o CHARITABLE ASSOCIATION
D 9'-1SIN=SS 4.SSOCIA.TION
3 POSITION HELD
POSiTiON HELD BY
o FILER
ORGANIZATION
r
~
rl
LJ
o
NON :JRO=-rT
CHAr::TABL.:::: ASZOCIATIOf'~
B~SINESS ASSOCIATION
POSITION HELD
POSITION HELD BY
o SPOUS:
o DE"END~NT CHILD
ORGANIZATION
COPY AND ATTACH
IfJITIA_ H:::RE
DATE
~ --I "..Z-O~ :;
TIONAL PAGES AS NECESSARY
IC;~:~'~UPTCIES
!
~tnanclGl DISClosure and Business Ccn.rllc~ Co' Intf>res' :::-~....,
Form 6
Incllvldua's Shall disclose any banKruptcy petlllOn by or against the Ind,VIOual. the" spouse. a bUSiness ent't}' In wn,cn me
,ndlvldual owned a bene1,clal Interest of 1 D.,. or more. or a business entity In which the Individual was an olllcer or O"ector
of tne business entrty at the tIme of banKruptcy f",n9. For more InformatIOn see INSTRUCTION GUlD=
I
1 TYPE OF BANKRUPTCY ~ON=
o Q:RSONAl o BUSfN:SS ON!'>'
, I
NAME
c CHAPTER
07 Otl 0'3
3 IF CHAPTER 7
DID YOU RECEIVE A DYES ONO
DISCHARGE
4 IF CHAPTER 11 OR 13
DID YOU COMPLETE OY:s ONO
A SUCCESSFUL
REORGANIZATION
Misdemeanor Involving Moral Turpitude and Felonies
,nolvroua's snail d,sclose any Informanon which cnarges a misdemeanor InvolVing moral turpnude. a felony Indictment.
conViCTion of a m,soemeanor invOlving moral turpitude or conViCTion of a telony of the Ind,v,dual or oj a bUSiness em,ty
In wn:c~, the ,nd,...'Oual had a 10% or mcre beneft~al mterest ():' where the ,ndlv,dual was at the tome of the fHmg or COfwlctlon
an offIcer Of director at the bUSiness entJtv
NAME
Duslness or Entity Charged
o cERSONAl
2 TYPE OF
INDICTMENT or
INFORMATION
i: NATURE OF OFFENSE
! 4 DISPOSITION OF
! INDICTMENT or
INFORMATIOf\i
OOITlONAL PAGES AS NECESSARY
INITIAL HERE
DATE
. g/,~O~
Crrv C1f Co"pwille
~Inancml DISclosure and Busmess Con4r:! c' tnreres' :::--'T"1~
I.NTERESTS IN PARTNERSHIPS, JOINT VENTURES, Form 7 i
,
I
OR OTHER BUSINESS ASSOCIATIONS
Descnbe all Interests In business entllleS held or aCQuired by you or those under your finanCIal control as oehneO In
Ordinance 02.1322 'For an explanation of "benef,c,allnteres1" and O1tler specifiC directions 101 compleling tt,,~ !oeellOn.
see INSTRUCTION GUIDE.
When reporting ,nformanon aDout a depenoent Ch,ld's act,vlty. IndIcate the child about wrtom you are reporting Dy provlolng
Ine numt>er unoe' which the Child IS IISled on Form 1.
, HELD OR ACQUIRED BY o FILER ~POUSE o DEPENDENT CHILe
2 DESCRIPTION N...ME ~ND .I.OORESS
1(' / AA"Z, . ;..( ~5 Gt&-<-
,- ~
3 NATURE OF BUSfNESS (I
~ /l.td ~ ~
HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD
DESCR!FTiON f..;':'M~ o\N2i A:)O;::;~S
I NATURE OF BUSINESS
J
HELD OR ACQUIRED BY o =ILER o SCQUSE o DEcENDENT CHILD
I
I
I DESCRIPTION I NAMS ANu ADDRESS
I I
I I
I NA'URE OF BUSINESS ]
!
I
I COpy AND ATTACt; ADDITIONAL PAGES AS NECESSARY
I
--
INITIAL HERE - 1 ~. . DATE nq dk'flttl ,
.-.J
CItY Of CollevvllIE' Frnanclal Disclosure and Business CCn'!I:': c' Ir,tPres' ::~.....,.."
PERSONAL FINANCIAL STATEMENT Form 8
AFFIDAVIT
The Ordinance 02-1322 requires that the disclosures in 1I1e Financial Disclosure and Business Conflict of Interest Forms
De verified. The verrtlcabon page must have the signatures of the Financial Disclosure and Business Conflict of Interest
Forms. as well as the signature and seal of a notary public. Without proper veriflcalion. the statement IS nOl conSloerec
flied Falslflcalion of Iniormalion IS subject to criminal prosecution under state penal code.
Before me. the undersigned authonty. personally appeared ~ ~
who after being duly sworn upon their oath deposed and stated as follows:
"My name IS ~ ~
and I hereby submit for filing pursuant to
Ordinance No 0-02-1322 of the City of Colleyville. the allached Financial Disclosure and Business Confilct
of interest Forms. I have personal knowledge of all information contained in said forms and all information
contamed In the forms is true and correct."
"Further. all of the information contained in the forms IS complete. There is no informatIOn that has
oeen withheld or not disclosed wh,ch IS respons,ve to or required to be d,sciosed by the forms"
,
Aff1
Sworn to ana SubSCribed betore me. tnlS the
II ~dayot s-~~~~_n. 2003
.~.
~~
SHERRY CARTER
MY CO/w'MISSlON fXI'IIa
March 05, 2005
~'Vv" Cll .~
)
Notarv Public. State 01 Texas
INITIA_ HE:RE:
DATE q ""'/ b'"
LI" UI
TIe
SEP 1 7 -ii3
Application for Appoint
CITY SEe
Planning and Zoning Commission and Zoning Board Adjustment OFFI
applicants are required to file Financial Disclosure and Business Con . res orms (2) two
business days after the application deadline as advertised in the Public Nohce. These forms are
available on the City's website at <htto://www.collevville.com/boards/aoolicahon.aso> or by contacting the
City Secretary at 817.577.7575, ext. 203.
Ms.
Mrs.
Mr. Name:
1717 Avondale
Hart
Colleyville, TX 76034
Tom
F.
Home Telephone: 817-540-1171 Work Telephone:8179753671
EmaiIAddress:_ Fax:
Board, Commission or Committee Appointment Desired: Planning and Zoning
Qualifications: (list educational background or experience that would assist you In
carrying out the duties of this appointment)
I have served many years on P&Z in the recent past and I have a desire to serve again.
I am a trained investigator and I feel that these qualities will assist with my decision
making
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
I have a desire to serve my community
Do you understand that attendance and active support is required for each appointee?
_x_ yes no
Signature:_ Tom Hart
Date: 9/17/2003
Once the City Council has filled a position, your application will be removed from the file
and you must reapply for future openings.
This information will become a Public Record.
City Secretary P.O. Box 185, Colleyvi/le, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555
city of
TIcs
SfP 1 8 2D03
r; ;:::'\ f
UI
.exes
Application for Appointme t
CITY SECRETARY'S
OFFICF
Planning and Zoning Commission and Zoning Board of Adjustment
applicants are required to file Financial Disclosure and Business Conflict of Interest forms (2) two
business days after the application deadline as advertised in the Public Notice. These forms are
available on the City's website at <htto:/Iwww.collevville.com/boardslaoolication.asp> or by contactmg the
City Secretary at 817.577.7575, ext. 203.
Ms.
Mrs.
Mr
Name: Gasper
Jo Ann
(Last) (First)
Address: 4103 Paddington Ln, Colleyville. TX 76034
Home Telephone: 817-498-2671 Work Telephone:
(MI)
817-498-2671
Email Address: _______ Fax: 817-577-2712
Board. Commission or Committee Appointment Desired: Planning & Zoning
Qualifications: (list educational background or experience that would assist you In
carrying out the duties of this appointment)
MBA, University of Dallas Graduate School of Management
2 years Colleyville Planning & Zoning (1 year Chairman)
30 years management and executive experience including: head of federal agency with
$154 million budget and 8 years government executive.
Broad experience includes: health, social services, education, research and
development
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
To maintain the quality of life in Colleyville while encouraging economic development.
To use my experience on P&Z and involvement in the community to ensure the master
plan is responsive to all members of the community and promotes the common good
My broad experience and analytical skills can enhance the operation of P&Z. .
I Do you understand that attendance and active support is required for each appointee?
_yes _no
Signature: Date: t?//1U()t2..3
.Lf /
Once the City Council has filled a position, your application will be removed from the file
and you must reapply for future openings.
This infonnation will become a Public Record.
City SeCr8tllry P.O. Box 185, Colleyvi/le, Texas 76034, Phone: 817.Sn.7575 FlIx: 817.577.7555
A ,h,J; c.~ tJ 11-\ I A. SltJ~t ~
il~
CIIY or
SEP 1 B 2D03
Tes."
Application for Appointm nt
CITY SECRETARY'S
OFflCF
Planning and Zoning Commission and Zoning BoanS of Adjustment
applicants are required to file Financial Dlsdoiure and Business Contlicl of Interest forms (2) two
bUSIness days after the application deadline as advertised In the Public Notice. These forms are
available on the City's website at <trttD:/Iwww.collewille comlboardslaDDlication.asD> or by contacbng the
City Secretary at 817.sn.7fi75,.Xl 203.
Ms.
Mrs.
Mr. Name: EI>&.o.JA1t,05.
(Last)
Address: ~ ~ c::> W . Gn-A 0 ~
Home Telephone: e 11 "I" e . 0 10; '-
Emaif Address:
LIJA,.J~
(First)
e. o.
WoritTelephone: dlloJ ac.3' 551S
Fax:
(M!)
Board. Commission or Committee Appointment Desired: 'f'l."~w IWu.' 2.0..> 11Ju-
Qualifications: (list educational background or experience that would assist you in
carrying out the duties of this appointment)
c- 't~CI.'l~ caJ ?.. z.. O\)E.e.. 10 '1E-Pt-e.; \"'\I=&..~ ~o
I '" L.oc..A 1.0 C::rov Le....,,,",, ~'i '
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
i " ~ ~ c;. u It Eo \oIr l '""' ~ &\ Go" Pl.&.. , ""'1 t> Eo V E:.l..o? "'-e...J T. e. 0 i"\4
€"c..bIOE...,)"t\A\- 4 C'O.......""'E-e.c..~o.\- I tl.J C.01..1,..1':.)' VIL.I.E..
Do you understand that attend9"ce and active suppOr1 is required for each appointee?
~yes _"0
_ Date:~ II B /,;;)003
Once ~ C unci I has filled a position, your application will be removed from the file
and you must reapply for future openings.
Thill information will become a Public Record.
City Secretary P.O. Bar 115, Colleyvllle, Texas 76034, Phone: 117.577.7575 Fax; 117.577.7555
RESOLUTION R-03-2255
A RESOLUTION APPOINTING MEMBERS TO THE PLANNING AND ZONING
COMMISSION
WHEREAS, three (3) positions on the Planning and Zoning Commission have expiring
terms.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Colleyville City Council hereby appoints the following persons to
serve a two year term, effective this date, and expiring September 2005:
AND IT IS SO RESOLVED.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2003. BY A VOTE OF
ABSTENTIONS.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
CITY COUNCIL
(C~" AGENDA BRIEFING
lex;:!$
MEETING DATE: 11/04/03
!
ITEM #: ! 12
,
RESOLUTION #: ! R-03-2256
CITY MANAGER I
DEPARTMENT HEAD!
,
FINANCE REVIEW !
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT : Consideration of appointments to the Colleyville
Economic Development Corporation Board of
Directors
Reading and Public Hearing
On October 27,2003, Mayor Hocutt vetoed Resolution R-03-2245, which was approved
by City Council on October 21, 2003, appointing members to the Colleyville Economic
Development Corporation Board of Directors. In the event that Council sustains the
Mayor's veto, this Resolution provides the opportunity for Council to consider
appointments to the Colleyville Economic Development Corporation Board of Directors.
There are three (3) positions on the Colleyville Economic Development Corporation
Board of Directors whose terms expired September 2003. The positions were
advertised and applications accepted through September 18, 2003. There are four (4)
applicants, whose names are listed below and their applications are attached.
. Lee Skaalrud
. Richard Newton
. Donna O'Brien*
. Janice Cole*
*Incumbents
Attachments
. Colleyville Economic Development Corporation Board of Directors roster
. Applications for Appointment
. Resolution R-03-2256
Colleyville Economic Development Corporation
Jon Ayers
4808 Meandering Way
Colleyville, TX 76034
W: 817.267.9009
H: 817.267.1630
F: 817.318.0663
M: 972.571.6647
aversi<1l!ci .collewille.lx.us
TERM: June 2003 - May 2004
Gary Cantrell
3400 Glade Road
Colleyville, TX 76034
W: 817.571.4834
H: 817.571.4834
TERM: September 2001 - October 2003
Janice Cole
103 Van Buren Court
Colleyville, TX 76034
H: 817.498.1898
M: 817.371.6840
ianicecole1066<1l!comcast.net
TERM: September 2001 - October 2003
Rich Hendler
2100 Highland Meadows
Colleyville, TX 76034
W: 817.421.8165
H: 817.421.8164
F: 817.428.8966
M: 817.821.0005
hendlerr<1l!ci .collevville. lx. us
TERM: June 2003 - May 2004
Donna O'Brien
3104 St. Alban's Circle
Colleyville, TX 76034
H: 817.355.9575
obrien999<1l!comcast.net
TERM: September 2001 - October 2003
Mark Skinner
4108 Greenway Court
Colleyville, TX 76034
W: 214.957.1834
H: 817.498.5698
F: 817.514.6664
M: 214.957.1834
ski nnerm<1l!ci. collevville. lx. us
TERM: June 2003 - May 2005
Ginny Tigue
4415 Meandering Way
Colleyville, TX 76034
H: 817.267.5527
F: 817.540.1466
M: 817.233.1697
tioueo <1l!cLcollevville. lx. us
TERM: May 2002 - 2004
FINANCE MANAGER
Terry Leake
503 Springbranch Drive
Keller, TX 76248
W: 817.577.7575
H: 817.379.5014
leaket<1l!ci. collevville. lx. us
GENERAL MANAGER
Bill Lindley
2402 Broadoak Way
Colleyville, TX 76034
W: 817.577.7575
H: 817.410.2338
F: 817.577.7555
lindlevw<1l!ci.collevville.lx.us
SECRETARY
Cynthia Singleton
6000 Ronna Court
Colleyville, TX 76034
W: 817.577.7575
H: 817.488.1011
F: 817.577.7555
sino letonc<1l!ci .co lIevville. lx. us
Revised 10/09/03
n~
city of
SEP 1 5 2003
Application for Appointme CllY SJfF~glARY'S
Planning and Zoning Commission and Zoning Board of
applicants are required to file Financial Disclosure and Business Conflict of Interest torms (2) two
business days after the application deadline as advertised in the Public Notice. These forms are
available on the City's website at <htto:llwww.collewille.comlboards/aooltcation.aso> or by contacting the
City Secretary at 817.5n.7575, ext. 203.
Ms.
E)
Name: Skaalrud Lee A.
(Last) (First)
Address: 4909 Shadowood Trail Colleyvllle, TX 76034
Home Telephone: 817.788.2782 Work Telephone: 469.467.2804
Email Address: _ ___ Fax: 469.467.2880
Board, Commission or Committee Appointment Desired:
Colleyville Economic Development Corporation
Qualifications: (list educational background or experience that would assist you in
carrying out the duties of this appointment)
Graduate and Undergraduate work completed at Minnesota State University,
Mankato.
Work experience includes Fortune 500 firms McGraw-Hillllrwin Publishing, Texas
Instr.uments and Nortel Networks. Positions included sales, field editor,
workforce management, executive development and succession planning.
Currently I am the Practice Team Leader for Assessment and Instrumentation at
Optimance, an Inc. 500 and Dallas 100 recognized consultancy.
President, Colleyville Lions Club
Participant, the inaugural class of the Colleyville Citizens Police Academy.
Member, Colleyville Area Chamber of Commerce
(MI)
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
I am committed to this community and Its success. I have chaired and hosted the
Colleyvllle Candidate Forum for the last three years and have lead other
community activities. My wife leads a Brownie and Girls Scout Troop and is an
Emergency Room Nurse for Harris Methodist HEB. My daughters (Natasha 9
years old and Valerie 7 years old) are active In Girl Scouts, attend Bransford
Elementary and play soccer in the CSA.
I am connected to many people in Colleyvllle from diverse backgrounds and
interests. Through the Lions Club, and other activities, I have had the pleasure of
meeting and getting to know many of the business owners and leaders of this
community.
My day job is to make my clients more productive and profitable. If my clients
fail, I fail. I know what It takes to run a business.
I believe the combination of my community Involvement, people orientation and
business experience will add value to the Economic Development Corporation.
Do you understand that attendance and active support is required for each appointee?
_X_yes _ no
Signature: L- ~~~~~.k_7
Date:
?,//S'/)()i)J
Once the City Council has filled a position, your application will be removed from the file
and you must reapply for future openings.
This Information will become a Public Record.
City SecretBry P.O. Box 185, Colleyv/lle, Texas 76034, Phone: 817.577.7575 FIIJC: 817.577.7555
(6
SEP 1 7 2003
TexaS
CITY SECRETARY'S
OFFICF
Planning and Zoning Commission and Zoning Board ci Adjustment
applicants are required to file Financial Disclosure and Business Conflict ci Intetest forms (2) two
business days after the application deadline as adv8ltised in the Public Notice. These forms are
available on the City's website at <httD:JJwww.collevville.comJboardslaDDlication.aso> or by contacting the
City Secretary at 817.S17.7575, ext. 203.
Application for Appoinbne
Dr. Name: Newton, Richard W.
(Last)
Address: 6107'Lansford Lane
Home Telephone: 817-329-0100 - Work Telephone: 817-568-6043
Email Address: . L Fax: 817-568-7618
Board, Commission or Committee Appoinbnent Desired: CEDC
Qualifications: (list educational background or experience that would assist you In
carrying out the duties of this appoinbnent)
Education - B.S., M.S., Ph.D.; Have served on many Boards of directors and currently
Officer and Treasurer of the Alliance for Higher Education. Served as mayor during
period of establishment of the CEDC and the Tax increment Financing District. Also
served as city councilman so I have in depth knowledge of city finances and programs.
(First)
(MI)
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
The CEDC is one of the two the primary funding sources for CoIleyville economic
development programs and assets (including parks, library, etc.). I believe I can add
value to the vision, planning and funding for future programs
Do you understand that attendance and active support is required for each appointee?
-L yes no
Date: 9/ \~/ 03
Signature:
Once the City Council has filled a position, your application will be removed from the file
and you must reapply for future openings.
This infonnation Will become a Public Record.
City Secretary P.O. Box 185, CoIIeyviIIe, Tex_ 76034, Phone: 1117.517.7515 FlIX: 1117.517.7555
61/15/1995 64:44
8176951417
DOBRIEN
P 1'::- e:
ErR!
SEP 1 8 1003" ~ I
CllY SECRETARY'S
OFFICF
Application for Appointment
Planning and Zoning Commission end Zoning Boarel of Adjustment
applicants are reQUIred to file FinancIal Disclosure and Business Conflict of Interest forms (2) two
business days etIer the application deadline as advertised in the Public Notice These forms are
available on the City's web.ite at <htto:/'-.COIIeYVIlle.comlboarelslaoolication.aso> or by contacting the
City Secretary at 8175n.7575, ext 203.
Ms.
Mrs.
Mr Name:
Address: ~ I 0
Email Address:
Q.A ~-
assist you in
J-o::>\ - 20'03... .. ......_..
.
.
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission. or Committee)
I Do you 'uhderstand that attejPnce and active support is required for each appointee?
I yes no
Signature:
Date:
Once the .ty unci! has filled a position, your application will be removed from the file
and you must reapply for future openmgs.
Thla Information will bKome a Public RecOrd,
City S.cretllry P.O. Box 1B5, Colleyvllle, rexN 75034, Phone: B17.5n.7575 Fa: B17.577.7555
e1/15/1995 e4:44 8176951417
DOBRIEN
PAG~ c:
(L ~tL~ 6z r-\ 01 ~ ~~~
~e-\~f~~ W~\c tl--l\eM:(j ~
+, ~'-- "- fl'^~ ~"-~ ',"'-.. G~' ~W/) .
llee
1E~!E~W1!E
TexaS
SEP 1 8 2003
Application for Appointme t
CITY SECRETARY'S
OFFICF
Planning and Zoning Commission and Zoning Board of Adjustment
applicants are required to file Financial Disclosure and Business Conflict of Interest forms (2) two
bUSiness days after the application deadline as advertised in the Public Notice. These forms are
available on the City's website at <htto://www.collevville.comlboards/aoolication.aso> or by contacting the
City Secretary at 817.577.7575, ext. 203.
Ms.
~
~ Name: Co\ €/
(Last)
Address: 103
Home Telephone: <j, 11
Email AddressJ
L.
(MI)
-
Board, Commission or Committee A ointment Desire:
Qualifications: (list educational background or experien
carrying out the duties of this appointment)
l ~ C-LLrr-~...-+l.,J .s~tJIN"~ eo... ~ r f:Vc...
/
'''P1s 5~ iC{"~-.l~ GL-*\A-cko.
c'r cr'
that would assist you in
Reasons for Serving: (state briefly the contributions you can make to this appointment
and your reasons for wanting to serve on the Board, Commission, or Committee)
tb "'" ION).k1Yl res--&...e.,..,+ ...,.{. C,llJ~' U6? :c ~ dee-~\'1 I...kt"<;~~
,,,", ~ .y........+-h firN() .:;)e.ue..lo,?,,~_~ l'f-. ";;.r CI-k.). 'r ~r"-'d... ldu. 4-0
St<-- Q<;' UN ~,,.j.......:.. '"',.:. ~,L.r Q..a..rN!......+ t<..lloeJ,.., (oL...4:'- -'I" Ala...J
S ('
o you understand that attendance and active support is required for each appointee?
~ yes no
Signature:
Date: '1
D~
Once the City Cou has filled a position, your application will be removed from the file
and you must reapply for future openings.
This information will become a Public Record.
City Secretary P.O. Box 185, Colleyville, Texas 76034, Phone: 817.577.7575 FIIX: 817.5n.7555
JANICE DONOHOE COLE
PERSONAL: 103 VAN BUREN CT.
COLLE~LE,TX76034
817.498.1898
817.371.6840
Married; one daughter age 14
EDUCA nON: ENGLISB/POLmCAL SCIENCE MAJOR
01nO-06n2 Tarrant County College
08nS-12n6 University of North Texas
08190-12/90 Tarrant County College
08/99-06/00 Tarrant County College
INDUSTRY COURSES:
09n8 EL CENTRO JR. COLLEGE - CPCU-Part I
02180 AETNA CASUALTY CLAIMS SCHOOL - HARTFORD, CT.
03/85 AETNA TECHNICAL SUPERVISORS SCHOOL - HARTFORD, CT.
08/95 STATE BAR OF TEXAS - ADVANCED PERSONAL INJURY LAW
COURSE - FT. WORTH, TX.
10/95 STATE BAR OF TEXAS - MEDICAL RECORDS COURSE, DALLAS, TX
ACTVITES AND INTERESTS
· YOUTH FOR UNDERSTANDING - DALLASIFT WORTH AREA,
VOLUNTEER COORDINATOR AND TRAINING
· COLLE~LE CHAPTER OF THE NATONAL CHARITY
LEAGUE, 8TH GRADE LEVEL ADVISOR
· DIRECTOR-CITY OF COLLE~LE ECONOMIC BOARD
· FRM. STEWARDSHIP CHAIRMAN - 1 ST UNITED METHODIST
CHURCH - HURST, TEXAS
· FRM EXECUTIVE BOARD MEMBER OF GLENHOPE ELEM. PT A
· SUNDAY SCHOOL TEACHER- JR. HIGH LEVEL-1"tUNITED
METHODIST CHURCH - HURST, TX
· WORKED WITH SOCIAL RELIEF AGENCIES, DALLAS AND
TARRANT COUNTY ME NT AL HEALTH AND MENTAL
RET ARDA nON SERVICES
WORK EXPERIENCE
03/93-11-95 SHANNON, GRACEY, RATLIFF & Mll..LER, LLP
Legal assistant to four staff attorneys and medical consultant to attorney and Judge
Robert McCoy. Prepared legal discovery; subpoenaed medical records; prepared
clients for depositions and trial. Assisted attorney in trial preparation.
05/87-11/8 AETNA LIFE & CASUALTY - MANAGER - REGIONAL
RECOVERY CENTER:
Responsible for subrogation and related litigation for six state area including seven
Aetna Branch offices. Accounts involved local and national commercial accounts.
Maintained computerized files of all cases in litigation for Home and Branch offices.
Supervised staff of five technical and two
administrative employees.
08/83-05/87 AETNA LIFE & CASUALTY - SUPERVISOR - CASUALTY
CLAIMS DEPARTMENT:
Responsible for coverage determination, investigating, reserving, case evaluation
and proper disposition of new cases. Responsible for hiring Legal Counsel,
supervising additional discovery and reasonableness of attorney's fees. Participated
in negotiation and trial preparation for National Accounts. Supervised staff of 5-7
technical employees and two administrative employees.
11/80-08/83 AETNA LIFE & CASUALTY - SR. CLAIMS REPRESENTATIVE:
Handled various caseload of auto and general liability, premises liability, medical
malpractice and products liability. Handled caseload ofol'ersix .buDdred Asbestos
files in litigation. Assigned defense counsel, participated in discovery process,
attended depositions, obtained and analyzed medical reports. Negotiated out of
court settlements in over 400 cases.
07/78-11/80 AETNA LIFE & CASUALTY -CLAIMS PROCESSOR:
Handled personal and commercial lines claims. Responsible for determining
coverage, assessing liability, determining property damage, salvage distribution and
developing medical. Caseload also consisted of homeowner burglary and bond
claims. Maintained the Complaint Register for State Board of Insurance.
04/74-07/78 AETNA LIFE & CASUALTY - ADMINISTRATIVE ASSISTANT
Duties included assistant to tbe Marketing Department Manager and the
Engineering Manager. Responsible for licensing local agents,
coordinating advertising material and promotional programs for agents. Prepared
reports from field engineers to underwriting; assigned requests for inspections and
maintained Home Office reports on National Accounts.
RESOLUTION R-03-2256
A RESOLUTION APPOINTING MEMBERS TO THE COLLEYVILLE ECONOMIC
DEVELOPMENT CORPORATION BOARD OF DIRECTORS
WHEREAS, three positions on the Colleyville Economic Development Board of Directors
have expiring terms effective September 2003.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Colleyville City Council hereby appoints the following persons to
serve a two year term expiring September 2005:
AND IT IS SO RESOLVED.
APPROVED THIS
AYES, NAYS AND
DAY OF
ABSTENTIONS.
2003, BY A VOTE OF _
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
CITY COUNCIL
cc~" AGENDA BRIEFING
'Te _~",;
MEETING DATE:
ITEM # :
RESOLUTION # :
11/04/03
13
R-03-2257
CITY MANAGER
DEPARTMENT HEAD i ::rc,'i'
FINANCE REVIEW I N.A.
;
Previous Action: None
DEPARTMENT, : COMMUNITY DEVELOPMENT
SUBJECT: Approval of a waiver from the water well drilling
requirements requested by D.R. Horton Homes for
Riverwalk at Colleyville, Case G-03-034
Reading and Public Hearing
D.R. Horton Homes is the developer of the Riverwalk at Colleyville subdivision, located at the
northwest corner of Glade Road and Riverwalk Drive. The developer has submitted a waiver
request to drill a water well on their property at a location that is not allowed by City codes. A
letter from the developer is attached.
The developer proposes to drill a well near the northeast corner of the property in order to
provide a constant water level in the detention ponds. There are two detention ponds located
adjacent to Riverwalk Drive that provide storm water detention for the development and for
part of the Town Center Colleyville development to the north. The proposed well would be
located within 1,000 feet of a city-owned well, 230 feet east and slightly north of the city well.
The Colleyville Code of Ordinances prohibits a private well from being located within 1,000 feet
of a city-owned well. The city well is not being used at this time.
Of the surrounding cities, only Hurst has a similar distance requirement from city-owned wells.
The Colleyville regulations appear to have been adopted before 1976. Waivers from the well
drilling requirements may be granted by the Council on a case-by-case basis. There are not
sufficient records to determine if similar waivers have been granted in the past.
Recommendation
Denial due to technical non-compliance with the regulations
Attachments
. Location map
· Letter from Applicant
· Water Well Regulations
· Resolution R-03-2257
Location Map
EXISTING CITY
WELL SITE
-
o
.. ...
EXISTING
II PRIVATE
WELL
SITE]
III
. @'
.
_.-
EXHIBIT SHOWING WELL LOCATIONS
o 2ClO 04(10 GOO
I I I I
GRAPHIC SCALE I" FEET
..
I.t1
r-
N
t tv' 2JID3
n.R-HomoN. Wi
~~~~
October 27, 2003 .
Via U.S. Mail and Faesimile 817.577.7564
Mr. J. Clayton Husband, AICP
Development Coordinator
City of Colleyville
5400 Bransford Road
Colleyville, Texas 76034
Re: Riverwalk at Colleyville
Proposed Water Well
Dear Clayton:
The Riverwalk at Colleyville Addition was accepted by the City on January 25, 2002. D.R. Horton has been
marketing, selling and building hOllSes since that time. We have been concerned with the detention ponds
located adjacent to Riverwalk Drive and these concerns have been voiced by some of the existing
homeowners.
There are a limited number of options with regards to these ponds due to the large amount of detention (eight
acre feet) being supplied to the overall drainage area. Furthermore, these ponds are a small part ofan overall
pond system stemming north into the adjacent properties. The overall system has yet to be completed to its
fmal designed state.
The water level in the ponds has been below full pool elevation on a regular basis. 1bis has caused vegetation
to ga-ow that is the root of [he co.,c<=>. We have evaluated the situation and have determined that drilling a.
well next to the upstream pond would allow the ponds to remain at full pool elevation and eliminate the
unsightly vegetation. .
Upon discussion with the City and review of the City Ordin3l1ce, we have determined the location proposed
for a well is in conflict with City Ordinance due to the proximity of an existing city well. We have spoken
with experts and it is our understanding that the shallowness of the proposed well should allow the city well
to function normally. The existing city well is approximately 750' deep and we anticipate the proposed well
to be approximately 180' deep. We have attacbed an exhibit outlining the location of the existing well, the
existing detention ponds, and the proposed well location.
Therefore, we respectfully req\lest that the City consider and approve a variance to Appendix A. Section 2,
Sec. P of the CityofColleyvilIe Code of Ordinances to allow D.R. Horton to drill a well in the attached
proposed location.
4500 Mercanule Plaza Drive . Suite 104 . Ft. ~nh, Texas 76137
(68~) 647-3350 . Fax: (682) 647-3351
'"""""drhOtton.com
We appreciate your time and attention to this matter. Please feel free to can if you have any questions or
require additional infonnatioo.
Sincerely,
Jennifer Heil
Land Development Coordinator
n.R. Horton Homes
DFW West Division
End
cc: Don Allen, DR Horton
Water Well Regulations
The Colleyville Code of Ordinances, Appendix A - Water and Sewer Policy and Procedure
Manual, Section 2, Section P. Water wells.
A water well drilling permit is required prior to any private well being drilled. All
water well drillers must be licensed as required by the State of Texas.
Drilling permits will be issued only if the following conditions exist:
1. Well driller or property owner will provide the city with a plot plan showing all
buildings on the property and the purposed [proposed] location of the water
well.
2. No water well drilling permits will be issued to drill within 1,000 feet of a city-
owned well.
3. Maximum depth of any private well is 300 feet.
4. No well shall be drilled within ten feet of any lot line.
5. All state and federal regulations shall be complied with.
6. The well driller shall provide the city with an affidavit upon completion of the
well with the following information:
(a) Final depth of well.
(b) Type and size of casing.
(c) Was the well casing pressure grouted and what was the quantity of
grout used.
7. Private well can only be used for irrigation purposes.
RESOLUTION R-03-2257
A RESOLUTION APPROVING A WAIVER OF THE WATER WELL DRILLING
REQUIREMENTS FOR RIVERWALK AT COLLEYVILLE ADDITION
WHEREAS, a waiver of the location requirements for a private well was requested by
D.R. Horton Homes for Lot 44, Block 1, Riverwalkat Colleyville Addition; and
WHEREAS, the property owner would like to install a private well within one thousand
(1,000) feet of a well owned by the City; and
WHEREAS, the Colleyville Code of Ordinances states a private well may not be located
within one thousand (1,000) feet of a well owned by the City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the request for a waiver from the Colleyville Code of Ordinances,
Appendix A-Water and Sewer Policy and Procedures Manual, Section 2,
Section P. (3), to drill a water well within one thousand (1,000) feet of a well
owned by the City, is hereby approved.
Sec. 2.
THAT the private well shall be located at least two hundred thirty (230) feet
from the well owned by the City.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF
THIS THE DAY OF
AYES,
NAYS AND
2003.
ABSTENTIONS ON
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
CITY COUNCIL
Cil~. Of
CC~D@ AGENDA BRIEFING
Tl':-.:;:J,;;
MEETING DATE: i 11/04/03
ITEM # : 14
RESOLUTION # : R-03-2258
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW
Previous Action: 10/21/03
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of a Final Plat of Emerson Estates
(formerly Old Grove and Parker Place) 45.459 acres
located west of the Westmont Addition, southwest of
John McCain Road, Case P-03-019
Reading and Public Hearing
General Information. Old Grove Limited Partnership is the owner of a 45.459-acre parcel of
land located west of the Westmont subdivision and north of McPherson Park. The owner has
submitted a Final Plat of the property for review and consideration by the City Council. The
plat will create 70 lots for the construction of new residences.
The City Council previously considered this final plat on October 7 and October 21, 2003.
However, the plat, considered as Old Grove and as Parker Place, was denied by the Council
due to concerns over (1) the location of the right-of-way on John McCain Road; (2) a five foot
open space that denied access to the adjacent Lot 1, Neidholt Addition; and (3) the status of a
30-foot wide roadway easement through the proposed Lot 1, Block F. The following is a brief
summary of the status of these three items.
1. Location at John McCain Road right-at-way - Staff reviewed records and surveys
concerning the right-of-way issues on John McCain Road. It appears that the right-of-way
is shown correctly on the plat.
2. Five toot open space - The plat shows a five-foot wide strip of land on the east side of
Emerson Lane adjacent to the Niedholt Addition, a three-lot subdivision bordered by
Emerson Estates and Westmont. The western two lots in the Niedholt Addition do not have
actual frontage on a public street. These two lots are accessed from an existing 30-foot
wide easement, which is located on a proposed lot in Emerson Estates. The easement has
been in place since the property was platted in 1978. The Emerson Estates final plat does
not remove this easement.
The Land Development Code does not permit the creation of a reserve strip or common
area adjacent to a proposed street or property in such a manner as to deny access from
adjacent property to a public street. The Development Review Committee recommended
that the right-of-way for Emerson Lane be revised to coincide with the common property
line in order to allow the adjacent platted lots to have frontage on a public street. The
developer has requested that the plat be approved as shown with this five-foot strip of
property shown as a private open space area.
Agenda Briefing
Resolution R-03-2258
Page 2 of 4
3. 3D-foot access easement - Available County documents indicate that the 30-foot wide
roadway easement appears to have been granted in 1969 to allow access from John
McCain Road to a tract located approximately 750 feet west of the point where John
McCain Road makes the elbow turn to the north, near the entrance to the proposed
development under consideration (see attached easement drawing). The developer has
placed a note on the plat drawing (note number 4), which abandons a portion of the access
easement. A note on the plat indicates that a private access easement will be dedicated by
separate instrument where the easement crosses Lot 1, Block F, and the developer's
engineer has indicated that is the intent. The following is a copy of Note number 4.
By this Plat, Owner hereby terminates and abandons the "30 foot Road Easement" reserved in
that certain instrument recorded in Volume 4779, Page 614 of the Deed Records of Tarrant
County, Texas, so far and to the extent to which Owner holds any beneficial interest in the
dominant estate of said easement. All beneficial rights held by others in the dominant estate of
said easement are hereby expressly preserved.
Zoning and Density. This property is zoned PUD-R, approved by Ordinance 0-99-1153 on
April 20, 1999. The overall density of the development is 1.54 dwelling units per acre.
Preliminary Plat. The City Council approved the preliminary plat (Old Grove Addition) on
February 5, 2002, by Resolution R-02-1903. The final plat is generally consistent with the
approved preliminary plat. There is one more lot in the final plat than in the preliminary plat,
and that lot has been added from the Whittier Heights Phase 1\ final plat. The total number of
lots among all phases of this development is the same as originally approved.
Lot Sizes. The minimum lot size required for this development is 13,000 square feet, with an
average lot size of 16,000 square feet. The smallest lot is 13,811 square feet in area, with an
average lot size of 16,532 square feet.
Open Space. The PUD-R ordinance for this property requires that 20% of the subdivision be
designated as open space. The open space provided for the development is 12.59 acres, or
27.7% of the land area. The homeowners association is responsible for the maintenance of
the private open space areas and the associated detention ponds.
Intersection with John McCain Road. This phase of the subdivision is accessed from John
McCain Road. The street intersection with John McCain Road and the entrance to the
subdivision is proposed for realignment. John McCain Road will be realigned to a T-
intersection, eliminating the severe curve in the road. The plat shows the proposed
realignment and dedication of right-of-way. The actual construction documents for this street
construction are included with the engineering construction plans submitted with the final plat.
There were some concerns over the potential removal of several large trees in conjunction with
the realignment of John McCain Road at the entrance to the proposed subdivision. The
developer prepared a special survey of the existing trees to determine which ones will be
removed in order to provide a safe intersection at the entrance to the development. The
developer is permitted to remove trees within the right-of-way, according to the Colleyville
Land Development Code. Some of the adjacent property owners thought that these trees
Agenda Briefing
Resolution R-03-2258
Page 3 of 4
were located on their property. Attached is a detailed survey of the trees at the John McCain
Road intersection.
Emergency Access. There is one entrance to the subdivision from John McCain Road. A
secondary emergency access is required to provide two separate entrances into this phase of
the development. The final plat proposes a twenty-five foot emergency fire lane connection on
the south side of Vernal Lane (previously Bergamot Trail) to Hillier Court in the Westmont
subdivision. The fire lane will be constructed to full width of twenty-four feet of concrete and to
the standards contained in the Colleyville Fire Code and Land Development Code.
The developer's original proposal combined the fire lane with a portion of the trail easement
near the southwest corner of this subdivision. The Parks Department expressed concern over
the dual use of the trail as a fire lane due to the potential conflict between emergency vehicles
and pedestrians. The developer relocated the fire lane to the Hillier Court location based on
the concerns of the Parks Department.
The Land Development Code requires that hike and bike trails be located in either a trail right-
of-way or dedicated trail easement. The Code does not specify whether the easement may be
combined with another purpose.
Colleyville Pathways Plan. This property is subject to the provIsions of the Colleyville
Pathways Plan, which requires a 10-foot wide hike and bike trail (with a two-foot shoulder on
each side) to be constructed through this property. The trail is required to be built with the
public improvements to the property. The plat provides a 20-foot trail right-of-way connecting
from the southwest corner of the development to John McCain Road, and the engineering
construction plans show the construction of the trail.
Drainage. Questions regarding the proposed drainage plans for the area have been raised by
adjacent property owners located to the north of this development. A drainage study and
construction plans for the drainage improvements were originally submitted with the final plat
for review. Engineers from the City and Goodwin and Marshall, the developer's engineer,
have met with some of the adjacent property owners to explain the design and function of the
drainage system for the area. The developer proposes to construct a series of detention
ponds on the property, which are designed to keep the overall runoff at pre-development
conditions. The FEMA flood maps show a 100 year flood area extending across a portion of
the developer's property and across the properties to the north. Attached is a map showing
the general location of the 100 year flood plain. The developer has included an erosion control
plan with the subdivision construction plans. Staff has met with the developer's engineer and
has required some enhancements to the plan to help protect downstream properties.
Summary. The Final Plat of Emerson Estates, except for the modifications previously
described in the General Information section of this agenda briefing, is by and large the same
subdivision plat as the Old Grove plat. The developer responded to the Development Review
Committee comments on the Old Grove plat, and a copy of the response letter is attached.
The letter provides the developer's comments on the issues addressed in this briefing, and the
Agenda Briefing
Resolution R-03-2258
Page 4 of 4
developer's representatives will be available at the meeting to address any questions or
provide information.
The Planning and Zoning Commission approved the plat (Old Grove) at the September 8,
2003, meeting by a 5-1 vote. However, the Commission declined to act on the developer's
waiver request regarding the five foot reserve strip on the east side of Emerson Lane
(previously Encinal Trail) adjacent to the Niedholt Addition, but stated they are not opposed to
the waiver request.
RECOMMENDATION:
Denial
ATTACHMENTS:
· Location map
· Access easement drawing
· Plat (see large paper copy)
· 100 year flood plain map
· Tree survey at John McCain Road
· Development Review Committee memo
· Correspondence
. September 8, 2003 Planning & Zoning Commission Minutes
· Resolution R-03-2258
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CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE
FAX TO
FAX NO
FROM
July 31, 2003
David Bagwell
~ Eddie Eckart, PE
214-368-7740 ~ 817-446-3116
Clayton Husband, AlCP, Community Development Manager
SUBJECT P-03-0 19 Final Plat - Old Grove
The Colleyville Development Review Committee (DRC) has reviewed your plat request
submitted to this office. The following comments are for your consideration.
GENERAL INFORMATION
The review of this plat and related engineering plans was based on Ordinance No. 0-99-1153,
adopted by the City Council on April 20, 1999, on the PUD-R regulations contained in the Land
Development Code, and on the Preliminary Plat approved by Resolution R-02-1903.
PLAT DRAWING
1. The Whittier Heights Phase I final plat has not been submitted to the City for signature or
recording. The metes and bounds description references the recording information for this
plat. This Whittier Heights Phase 1 plat must be recorded and the information provided before
the Phase II plat is recorded with the County Clerk's office.
2. The proposed 24-foot hike and emergency access right-of-way must be changed to a 20-foot
trail right-of-way. The Fire Department and Parks and Recreation Department do not allow
trail facilities to function as emergency access drives. The potential for pedestrian and vehicle
conflicts exist.
3. A secondary emergency entrance is required for Old Grove. The approved preliminary plat
for this subdivision shows the emergency connection from Hillier Court on the south.
4. The hike right-of-way shown on Lots 1 and 23, Block B, needs to be changed to a 20-foot
right-of-way.
5. The plat shows a 5-foot wide strip of property on the east side of Encinal Trail adjacent to the
Neidholt Addition. The right-of-way for Encincal Trail must be revised to coincide with the
common property line. The Land Development Code does not permit the creation of a reserve
P.O Box 185 - COLLEYV,LLE, TEXAS 76034 - 8 I 7.577.7587
DEVELOPMENT REVIEW COMMITTEE
P-03-019 OLD GROVE
strip or common area adjacent to a proposed street or property in such a manner as to deny
access from adjacent property to the street. See Section 9.10 of the Land Development Code.
ENGINEERING CONSTRUCTION PLANS
The engineering construction plans have been reviewed by the Engineering Department, Fire
Department and Public Works Department. Comments on the paving, drainage and utility plans
are being coordinated with the developer's engineer. Questions concerning the engineering
construction plans should be directed to Chad Bartee at 817-577-7587.
OTHER INFORMATION
1. SIDEWALKS AND TRAILS. The Land Development Code requires sidewalks along all streets.
All sidewalks must be a minimum of 4-feet in width and constructed in the area between the
curb line and the adjacent property line. The sidewalks must be constructed when new
structures are built on the lot. The trail must be built as part ofthe public improvements to the
property.
2. IMPACT FEES. Water, sewer and roadway impact fees are due at the time a building permit is
issued for a new structure on the lot. The Engineering Department will provide a formal
assessment of impact fees to the Building Inspection Department upon submittal for a building
permit. The fees listed below are intended to provide general information on the fees that
could be assessed.
ROADWAY
$1,589 per dwelling tmit for SINGLE FAMILY RESIDENTIAL uses. The actual fee depends on
specific use of the property. Details are available in Chapter 13 of the Land Development Code.
$2,666 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
$200 for a I-inch meter. Actual fee depends on water meter size and/or if a new meter is
installed.
WATER
SEWER
3. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are
required for this property since John McCain Road is considered an unimproved street and the
plat contains more than one residential lot. The engineering plans indicate that the developer
will construct a portion of the street.
4. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the
subdivision plat. The fee for residential uses is $1,802 per dwelling unit. An assessment of
parkland dedication fees will be provided upon approval ofthe final plat.
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, August 11,2003, 7:00 p.m.
Tuesday, September 2,2003, 7:30 p.m.
PAGE20F3
DEVELOPMENT REVIEW COMMITTEE
P-03-019 OLD GROVE
RESUBMITTAL REQUIREMENTS
A marked-up print is available for pickup in the Community Development Department offices.
Once you have completed the changes to the drawing, please submit the following to our offices:
.
15 folded copies ofthe revised Final Plat drawing
one 8Y:," x 11" reduced copy of the revised exhibit
.
· a written letter addressing each comment stating the comment has been addressed or offering
reasons why the requirement should be modified or waived
The above requested items must be submitted no later than noon on Wednesday, August 6, 2003
in order to make the scheduled hearings. The item will not be scheduled for the Plaruring &
Zoning Commission meeting until all items are submitted. Please contact me at 817-577-7587 or
husbandc@ci.colleyville.tx.us if you have any questions.
I c: DEVELOPMENT REV'EW COMM,TTEE
PAGE30F3
DAY1D BACWElL
COMPANY
August 18, 2003
Clayton Husband, AICP
Colleyville Development Coordinator
P. 0, Box 185
Colleyville, Texas 76034
Dear Clayton:
Enclosed is a photocopy of the DRC review comments on the Old Grove final plat
dated July 31, 2003.
I am responding to you about various of those comments, and Eddie Eckart, P.E.,
will respond to others by means of modifications to the Old Grove final plat.
PLAT DRAWING
1. The recording of the Whittier Heights Phase One final plat is imminent.
2. On the Old Grove final plat revision that Eddie will provide, trail access is no
longer proposed from Providence Road in Whittier Heights Phase One.
However, I believe that citing a so-called "potential for pedestrian and vehicle
conflicts" to justify prohibiting use of the emergency access for access to the
City's trail nearby exaggerates the likelihood of a problem to the point of
absurdity. And, I express again my view and that of our consultants that such
an overabundance of caution on the part of City Staff is resulting in less effective
and less aesthetically attractive residential development in Colleyville.
3. As I described to you last week in a phone conversation, the location proposed
for emergency access from Providence Road in Whittier Heights Phase One to
Old Grove is thought by us to be superior to that approved in the Old Grove
preliminary plat. Eddie has spoken with the Fire Marshall since your July 31,
2003 DRC memo was written in an effort to resolve his concerns. The Old Grove
final plat revision that is forthcoming will show modifications to the emergency
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access area proposed, including the aforementioned elimination of the
designation that this access may be used by pedestrians to get to the City's trail
nearby.
It seems clear that if there were an emergency in Old Grove and the entry to it
was blocked or if those responding for the City were to elect to enter Old Grove
at an emergency access point, it would be better if that point were at Providence
Road, as we propose, rather than at Hillier Court, as was approved in our Old
Grove preliminary plat. But, I understand that the Parks Department is
concerned that having the emergency access point to Old Grove from Providence
Road might result in unauthorized vehicle parking by people using McPherson
Park.
In our dealings with the City, the Fire Department's apprehension of safety
issues seems to trump all other considerations. If the Fire Department prefers
the location for emergency access that we propose, Le. off of Providence Road,
then perhaps the Fire Department may trump the Parks Department in such
regard.
If on the other hand, the Parks Department gets to trump the Fire Department,
then of course we will modify the Old Grove final plat as the Parks Department
requires.
We will also modify the Old Grove final plat to confonn to the Old Grove
preliminary plat with respect to the emergency access point if prior to City
Council consideration we cannot resolve with the Fire Marshall and the Director
of Public works an approach satisfactory to all parties with respect to the paving
materials, gating, fencing, transition to the trail from the emergency access, trail
width from the emergency access to Cast Iron Forest Trail, etc., Le. the technical
issues involved in construction of the emergency access in combination with the
related trail nearby.
4. The hike right-of-way shown on Lots 1 and 23, Block B is relocated to the west
side of Cast Iron Forest Trail on the Old Grove final plat that Eddie is submitting.
5. The Old Grove final plat that Eddie is submitting does not respond to this DRC
comment. It is inappropriate that the City Staff seeks to compel us to modify
the Old Grove final plat in this regard.
The Old Grove final plat is identical to the Old Grove preliminary plat in this
regard. The PUD-R zoning ordinance for Old Grove pennits the City Council and
P & Z to approve final plats that do not confonn to the provisions of the Land
Development Code. Both have done so already. The Whittier Heights Phase
One final plat was approved without City Staff opposition. It has a five foot wide
area of open space on the east side of Providence Road adjacent to the City's
McPherson Park property, which eliminates access to McPherson Park from
Providence Road. Furthermore, the preliminary plat of Glenwood and the final
plat of the Mormon church property were approved without City Staff opposition.
Each have a twenty foot strip of open space on the west side of Linda and Trip
Baker's property which separates their property from Providence Road. As you
know, subsequently the Baker land was bought by an affiliate of ours and is
proposed as Whittier Heights Phase Two.
What we propose for Old Grove is no different than these examples of prior
Council and P & Z approvals without City Staff opposition.
To not separate the property in question from Old Grove as we have done on the
final plat would be to virtually invite the owners of those lots to become a part of
the Old Grove development. If the City were to compel us to prOVide access
from Encinal Trail to these lots, it would not only be unjust that we should have
to provide these owners something for nothing, i.e. street access, utilities
connections, and a windfall economic benefit, but it would also inevitably work a
financial hardship on us, because those owners would not be required to
conform to the high standards of Old Grove.
Please note that the platted property adjacent to Old Grove that we separate
from Old Grove by a five foot wide area of open space has adequate access that
has been used by residents there for many years. This access is provided by a
thirty foot (30') wide access easement that allows these lots ingress and egress
at John McCain Road. So, there is no reason for City Staff to be concerned that
Old Grove provide these lots access it has never had and does not now need.
If the City denies the Old Grove final plat for the reason that we have sought to
buffer our development in this way, we will propose an alternative street layout
that backs lots to this property. On the other hand, if the City approves the Old
Grove plat with this buffer, including this property into Old Grove at some future
time will not be foreclosed (just as the twenty foot strip of open space approved
by the City in the preliminary plat of Glenwood and the final plat of the Mormon
church property next to Linda and Trip Baker's property has not prevented the
Baker land from ultimately becoming part of Whittier Heights).
Regarding the OTHER INFORMATION section of the July 31, 2003 DRC comments,
we understand the provisions of the Land Development Code to be subordinate to
the provisions of the PUD-R zoning ordinance approved for Old Grove. In that PUD-
R zoning ordinance are sidewalk proviSions which contradict the DRC comments.
I hope this letter is satisfactorily responsive to the DRC comments and that approval
of the Old Grove final plat will not be delayed. However, if you need anything
further from us, please let me know.
By:
cc: Eddie Eckart, P.E.
Joe Pothoff
Carl A. and Carol A. Parker
105 West John McCain Rd.
Colleyville, Texas 76034
Mr. Clayton Husband
City of Colleyville
Development Coordinator
5400 Bransford Rd.
Colleyville, Texas 76034
August 14, 2003
Clayton,
We have made a review of the things we have discussed within the past few
months concerning the intersection at John McCain Road and Old Grove Road.
Concerning 103 West John McCain Road, a driveway entrance is needed at 103
West John McCain Road, which will be located at that intersection, near our neighbors. A
water meter will be needed for 103 West John McCain Road near the driveway entrance.
For the driveway at 105 West John McCain Road, some sort of "No Outlet" or
"Private Drive" sign needs to be placed at the entrance, as it is difficult to turn around and
dangerous as most now have to back into the intersection to leave.
Also, we ask that the City of Colleyville consider removing the fifteen foot utility
easement along with the twenty five foot building line on the North side of 103 and 105. A
ten foot building line would be more appropriate as there is a 30 foot road easement in
place and the driveway is no longer needed to access the Old Grove Development. Dale
Crane has said that "Block F" will be used as an open space and not a building site. The
road will never be used other then a private access to 105 John McCain Road and not to
any other place. Also, it would be more efficient to have a water meter for 105 to be
placed where the water and sewer connections come along Encinal Trail on the west side
of 105. Now the water line is crossing 103 West John McCain Road, and it has frozen
several times in the past twenty-two years (because of the long distance). It has also been
hit by cars, resulting in water waste that can not be seen 300 feet away.
Please consider one more thing. Stop signs should be placed at all three adjoining
roads, John McCain from the North., John McCain from the East, and Old Grove Road.
This has been a bad intersection over the years and by putting up stop signs it would be
safer for the citizens of Colleyville.
Thank you for keeping these things in mind and the time you have spent on this.
Carl and Carol Parker
Carl and Carol Parker
lOS West John McCain Road
ColleyviIle, Texas 76034
Clayton Husband
5400 Bransford Road
Colleyville, Texas 76034
September 16, 2003
Dear Clayton Husband,
I appreciate this opportunity to present information to you concerning the Old
Grove development, its final platting and incorporation into our city and neighborhood.
The developer in charger of Old Grove, David Bagwell, has the reputation for
developing high quality, upper-end housing developments. Everyone in this neighborhood
has seen his work and generally like what he creates. As with all large and difficult
undertakings, sometimes the smallest of details can cause the largest of problems. A match
can start a forest fire, a grain of sand can stop a machine.
Mr. Clayton Husband, our City Development Coordinator, whom we all respect
and admire has been the go between for David Bagwell and the citizens of Colleyville in
affected areas. He may have information you will need or can tell you what has been
happening.
In so that the members of City Council of the City ofColleyville have the
opportunity to make informed decisions for the citizens of the city please find the enclosed
information for your deliberations.
In response to David Bagwell's letter to Mr Clayton Husband, Colleyville
Development Coordinator, dated August 18,2003 (see Attachment A). Please submit the
following comments for the record:
On page two under item five, Mr. Bagwell says, "...final plats that do not conform
to the provisions of the Land Development Code.", can be approved by City Council and
P&Z. As we learned at the last P&Z meeting on August 25. 2003 ONLY the City Council
can approve modifications to the City Development Codes concerning access clearances.
Any approval received on a five foot clearance between his property and the Neidholt
Development to my knowledge has not been given to him by CITY COUNCIL. Any
clearances not up to code David Bagwell has received in the situations he mentions to
support his cause, are situations between David Bagwell and David Bagwell, David
Bagwell and the City of Colleyville, David Bagwell and other property owners, not David
Bagwell and the Parkers. David Bagwell can make any deals he wants to with any party he
wants. Deals made to one do not carry to another. He can make 100 of them before the
City Council catches on if he dares. I have more respect for due process, shortcuts can
sometimes turn out to be the longest and most difficult route.
Upon learning less than a twenty foot clearance between Old Grove and the Neidholt
Devlopment must be approved by City Council before plat application approval can occur,
the P&Z meeting that was held on August 25, 2003 concluded that the proposed plat of
Old Grove in the present layout MUST come to the attention of City Council. The Parkers
were NEVER given the option of accepting or rejecting less than a twenty foot clearance
by David Bagwell BEFORE the land was cleared even though full knowledge of this law
was, and is known of, by him. ONLY the city planners and commissioners etc. have been
cooperative in dispersing this information, but now we have a road encroaching less than
20 feet from another development. To have raised a lot of objections at a P & Z meeting
would have been fiuitless. The P&Z has no authority over what has ALREADY been
done, I doubt they even knew Bagwell had begun his physical arrangements of the land
and taken authority over this issue away from City Council. The Parkers & Battles felt the
best thing to do was get it to the attention of the City Council asap and let them make the
proper decisions concerning this very weighty matter therefore no roadblocks were placed
at the P&Z level by any Neidholt development member.
BEFORE any clearing of the forest on land owned by David Bagwell commenced, Carl
Parker requested a meeting in person with Dale Crane of the Bagwell Companies. Shortly
afterwards Dale and Carl along with Mrs. Parker sat together for an informal discussion.
In this meeting the topics of intersection, easements drainage and other things were
discussed.
The Parkers were told at this time by Dale Crane there were only two options concerning
the layout of Old Grove. I am not an attorney, I believe Mr Crane is?
1) Have a road five feet from your property or
2) Have houses aligned along the property line.
The twenty foot law was well known to the Bagwell Development Company as indicated
in his letter. Why did the Bagwell Development Company at this time not disclose to us all
of the requirements of City Development Codes? When things like this come to the
attention of the public, it only hurts the reputation of the developer and we all know of
the reputation this developer has for exactly this reason. It was at this time the Bagwell Co
and the Parkers should & could have resolved the clearance problem between
developments & not to slight it and move on. Remember, this meeting happened BEFORE
any clearing began. Sure glad the city covered us on this as rapidly as possible and told us
the proper law applications, it's just a shame the land was cleared so presumtuously.
In the meeting between Dale Crane and the Parkers, the Parkers had made it known to
Dale Crane there were other ways to enter and exit the proposed Old Grove development
on the notorious curve on John McCain Road, without infringing on the property rights of
others. The original copy that was used by all parties to scratch out variations still exists.
These proposed options allowed all of the concerned land owners to be satisfied
concerning intersection improvements. All suggestions were not accepted but flatly
rejected by Dale and he stated 'no way'. Now these suggestions are currently being
reconsidered as part of the solution along with much input from other concerned
landowners and citizens. Only because of the P & Z's firm stand on this matter was it even
reopened by the Bagwell Development people. A solution was ordered by the planning
and zoning committee to have the developer and citizens resolve this matter of the
intersection configuration before re-submission to them. In other words the zoning council
told the developer to get with the folks directly affected to make the intersection and stop
wasting everybody's time. Heard this before?
One option Carl Parker proposed at this time to Dale was to allow access of 105 West
John McCain Road off Encinal. One purpose of this proposed access was to eliminate the
private access David Bagwell MUST provided 105 via a thirty foot easement now in use
which enters the intersection at a most unusual and hazardous angle. Elimination of this
easement would return to David Bagwell a substantial amount of square footage. Access
to 105 West John McCain Road via Encinal was ONLY to help improve dangerous traffic
problems and return to David Bagwell his land, NOT to gain access to any Old Grove
association benefits as Mr Crane assumed.
In contrast, the Parkers or Battles do not want to be a part of any David Bagwell
development without consultation and are not attempting to do so. Any incidential
association with David Bagwell will not be in the long term interests or benefits to
anybody in the Neidholt development. Both the Parkers and Battles, who are the only
members of the Neidholt addition, concur on this matter. If David Bagwell does not want
105 West John McCain Road to be accessed off Encinal and help resolve traffic problems,
but ingress/egress via existing deeded access, the way it currently is is fine. The planning
of the intersection must now include a private entrance.
At the meeting of Dale Crane and the Parkers, Mr. Crane suggested their Co. may be
interested in the property. He was told any offer would certainly be given due attention A
day or so after this meeting between Dale & Carl another associate ofMr. Bagwell, a Jody
somebody made it know to Mr. Parker they are not interested in this property and were
proceeding with plans that don't now and never will allow for any properties of the
Neidholt development to become incorporated into Old Grove. Glad to hear this now we
all know what direction to go in.
A situation must be brought before the City Council for a serious look and clarification.
David Bagwell has ALREADY cleared huge amounts of trees off of his property to
accommodate a PROPOSED final plat of Old Grove (see Attachment B). This proposed
final plat of Old Grove gives only a five foot clearance between the Neidholt Development
and Old Grove in violation of the twenty foot buffer zone requirement. To the best of my
knowledge the City Council has never approved a deferment of City Code and neither has
P&Z. In fact, P&Z has been telling David Bagwell and his associates for months they
CANNOT approve his plat because of this problem. This is why his Old Grove
development has been in limbo in P&Z just in case anybody is wondering what the hold up
has been, and why it is now enroute to City Council for clarification.
mus, How did David Bagwell get permission to clear land for a proposed development
he had and has yet to gain final approval of which contains an illegal clearance between
two developments.
If Mr. Bagwell could start attending council meetings again a rapid resolution to simple
problems could be accomplished instead of always sending somebody who only can say "I
don't know".
To further complicate this matter, David Bagwell has informed the citizens ofColleyville
he will clear yet more of our trees to install yet another different layout if he is forced to
obey the laws of the city concerning the mentioned clearances between developments we
are bickering about. Sounds like blackmail to me, what do you think? It is understood that
David Bagwell does have a tree exemption of some sort. Does this "special exemption"
allow him to cut BEFORE approval as has happened and does this exemption allow him to
CHANGE HIS MIND should he decide he wants to cut again after already clearing for
one 'proposal'? Please clarify.
It is my understanding any tree exemptions Mr.Bagwell has in relation to this particular
property and this property only, is in his requirements for replanting, it is not for clearing
whatever he wants to whenever he wants to is it? Should David Bagwell encounter
problems in aligning Old Grove to city specification under current conditions, i.e. a 5 foot
clearance, who except himself can he point the finger to for such problems?
In re-aligning his development so as to have houses backed to the edge of the Neidholdt
development, many more trees will be removed to pacify this error, per David Bagwell
people as they have testified to at recent P&Z meetings.
Loose more trees get more rain water runoff I have in my possession at least five different
proposed alignments of Old Grove showing houses aligned against the Neidholdt
development. I have no idea which one he wants to use, does anybody? I suggest to youlthat all plats I have, have serious drainage concerns not only to the Neidholdt development
but also to the Westmount development which is a Bagwell company creation. Any
drainage problems caused to the Neidholt development will simply, easily and naturally
flow into the lots in Westmount bordering the eastern boundaries of the Neidholt
development. Though any drainage problems caused will likely be against state laws, the
effects will mostly be directed to these VERY EXPENSIVE and unsuspecting property
owners on the east who have home investments running into the MILLIONS OF
DOLLARS. David Bagwell will cause himself more drainage problems & to his own
customers I hate to say, not to mention the citizens of the City of Colleyville.
With very little engineering changes to the present layout, the street locations platted
can still be used and the 20 foot easement established should the developer even give it
just 1/2 effort it's so simple.
In addition to the above mentioned drainage problems, any lots backing the Neidholt
Development will be backed to a property with a wildlife area having thick & thorny
hedgerows almost 12 feet tall so no wall or fence will be necessary (see Attachment D).
Any wall or fence installed will be overpowered by natural vegetation growth. The
hedgerow will continue to provide refuge for wildlife and prevent access to this property
by the Old Grove development occupants in a natural manner. Probably any owner of such
a lot in Old Grove will forever never be able to enjoy any tiny backyard that might survive
unless of course that owner likes a 12 foot tall row of thorns for the back property line.
They are a haven for birds but not everyone likes birds enough to have this as a backyard.
What a terrible way to make people live and have to PAY SO MUCH FOR..
Bagwell development will be asking the city to approve such a situation if this intended
re-alignment is submitted.
The Parkers and the Battles have NO OBJECTION to are-alignment of Old Grove, IF
different and additional approvals from the powers concerned with making such decisions
are granted.
Considering on how the Bagwell Development Co. has intentions of such a nature, and
the manner in how they deal with citizens of this fine city, it is hoped it can be easily
understood by the Honorable Members of the City Council of the City ofColleyville why
it is necessary to put as much distance between the Old Grove development & Neidholt
development as is legally possible. All residents of the Neidholt addition feel this way.
THEREFORE, BE IT KNOWN TO ALL, in light of this developers stated intentions, it
is requested by the Parkers that the twenty foot easement between properties be honored
in accordance to City Code & considered in accordance to proper and legal procedures as
outlined in the city laws NOW that it is clearly understood by the developer what the city
says are property owners rights and indeed has been stating all along. ONL Y the City
Council can modify a less than twenty foot easement as determined in the recent P&Z
meeting not the developer or anybody else for that matter. Pretty simple.
ALSO it is also requested that the entrance to Old Grove be COMPLETELY
accomplished through use of the more than ample excess land available at the entrance to
Old Grove as has been established AND that Old Grove MUST NOT trespass upon the
Neidholt development in any manner such as to gain a more favorable looking entrance or
to becoming more profitable by utilizing less of their land and more of anothers. Any such
actions by the Bagwell Co would surely cause much hardship and financial stress to both
the Parkers and the Battles. Old Grove has plenty of their own land to do their own thing.
To use others land for the the glorification of oneself is an ugly thing to try to do, nowhere
in this city could a development be found in which one developer took land away from
another development for personal uses. The entrance to Monticello, AlZimm Acres,
Remington Park to name just a couple all used only their land for access. Nothing will be
given for free to David Bagwell just as he does not want to happen to him. as he has
stated, and nothing will be donated strictly for the convenience and product enhancement
of Old Grove. Just as The Old Grove development does not want the Neidholt
development encroaching on their property rights by reason of imagined integrity
considerations, so will the Neidholt development members surely suffer a financial
degradation if associated unnecessarily with the Bagwell Co. ONLY in the interest of the
public at large such as traffic safety or drainage, will the Neidholt development even
consider to any land usage mixed into any entrance design the Old Grove wants.
The situation before us is much like a situation that came before the city council July of
2000 (see Attachment E) only worse in that work has already been started. At that time it
was revealed the Bagwell Development Co. had platted the Neidholt Development into his
Old Grove development called Glenwood at the time, and he told the city planners he had
permission to do so. He most certainly did not. He was told at that time by the City
Attorney Mr Ross Foster, almost 4 years ago, to NEVER violate the property rights of
others while making land development decisions and/or actions. Kinda seems like this legal
advice fell on deaf ears, what a shame we have to go through this needlessly again.
In summary and simplicity, I respectfully ask that city codes be enforced regarding
property buffer zones and the land utilization of anothers property without granted
permission, while they are stilI enforceable.
Clayton can give my phone # if so needed to any concerned city official. A personal visit
to the location could make the situation much easier to understand as seeing is believing.
It is to the best interests of all concerned that we work together to get this very difficult
issue resolved and continue on in a peaceful way in life.
n ~:: Thanks '.
v::;r y u,
Carl Parker
Carl A. and Carol A. Parker
105 W. John McCain Road
CoUeyville, TX 76034
Mr. Clayton Husband
City of Colleyville Development Coordinator
5400 Bransford Road
Colleyville, TX 76034
October 13,2003
Dear Clayton Husband,
In trying to figure out the 30 foot road easement for 103 and 105 W. John McCain Road,
the State of Texas has some E-Z to understand Laws and Rules.
Somewhere on the Internet under the State of Texas Web site we happened across
Chapter 23, Texas Laws, Codes and Statutes on "Access Easement for Partitioned
Property". Enclosed is a copy for your investigating.(attachment A)
Mr. Lany and Jerry Neidholt, the 2 brothers whose grandparents originaly owned the
land and began the NEIDHOLT addition, could possibly be available for comment if you
need. The 'dirt road' in discussion has been used by multiple families to access the land
behind for overlOO years. Only a 30 foot wide path opened up at John McCain Road
provided this access and is currently providing access to 103 & 105. At one time local
maps referred to it as Pecan Lane.
We would appreciate if the developer will not obstruct the easement with
construction materials (attachment B) and that any entrance to Old Grove begin outside
the easement Right-of -Way. The developer owns Lot E, which he states he does not have
a purpose for yet. For him to use this property in conjunction with his entrance would
be in the best interest of the immediate property owners and to the City at Large. More of
the rual integrity of the environment will be preserved, which is what draws new residents
to the area to begin with.
City Engineers have requested we furnish any and all documents to help shed light on
this situation.(attachment C). State Laws also say, a Surveyor may be commissioned by a
City. David C. Moak Surveyors, Inc. is the Company that help the Neidholt brothers plat
the property. They are still in business. We have spent several hours with John Morgan at
their office and discovered additional platting documents. We have furnished information
if any City Engineer wishes to get with the Moak Company to see if any of these
documents may help.
We Thank the members of the City Council for their conscious handling of Old Grove and
to the City Staff for their as always professional attitude and dedication to the eventual
welfare of the City.
~e;,e}YJ
~
Property - CHAPTER 23
A
Page 1 of 3
. LG2..Tg._~E:s.L!itt1
CHAPTER 23. PARTITION
~ 23.001. Partition
A joint owner or claimant of real property or an interest in real
property or a joint owner of personal property may compel a partition
of the interest or the property among the joint owners or claimants
under this chapter and the Texas Rules of Civil Procedure.
Acts 1983, 68th Leg., p. 3513, ch. 576, ~ I, eff. Jan. I, 1984.
~ 23.002. Venue and Jurisdiction
(a) A joint owner or a claimant of real property or an
real property may bring an action to partition the
interest in a district court of a county in which any
property is located.
interest in
property or
part of the
(b) A joint owner of
parti tion the property
value of the property.
personal property must bring an action to
in a court that has jurisdiction over the
Acts 1983, 68th Leg., p. 3513, ch. 576, ~ 1, eff. Jan. I, 1984.
~ 23.003. Effect on Future Interests
A partition of real property involving an owner of a life estate or
an estate for years and other owners of equal or greater estate does
not prejudice the rights of an owner of a reversion or remainder
interest.
Acts 1983, 68th Leg., p. 3513, ch. 576, ~ 1, eff. Jan. 1, 1984.
~ 23.004. Effect of Partition
(a) A person allotted a share of or an interest in real property in a
parti tion action holds the property or interest in severalty under
the conditions and covenants that applied to the property prior to
the partition.
(b) A court decree confirming a report of commissioners in partition
of real property gives a recipient of an interest in the property a
title equivalent to a conveyance of the interest by a warranty deed
from the other parties in the action.
(c) Except as provided by this chapter, a partition of real property
does not affect a right in the property.
http://www.capitol.state.tx.us/cgi-bin/cqcgi ?CQ_ SESSION_KEY =A THPNEWEPOKJ&... 10/13/2003
Property - CHAPTER 23
Page 2 of 3
Acts 1983, 68th Leg., p. 3513, ch. 576, ~ 1, eff. Jan. 1, 1984.
S 23.005. Fees
The judge of a court that hears an action to partition real property
shall examine the report of the commissioners appointed to partition
the property and shall determine from the report and from evidence
submitted by the parties the complexity and difficulty of making the
partition. The court shall then award the commissioners, and any
surveyor appointed by the court or retained by the commissioners, a
reasonable fee for the services rendered. The fees awarded shall be
taxed and collected as costs of court in the same manner as the other
costs in the action.
Acts 1983, 68th Leg., p. 3514, ch. 576, ~ 1, eft. Jan. 1, 1984.
Amended by Acts 1991, 72nd Leg., ch. 443, ~ 1, eff. Sept. 1, 1991.
S 23.006. Access Easement for Partitioned Property
(a) Unless waived by the parties in an action to partition property
under this chapter, the commissioners appointed to partition property
shall grant a nonexclusive access easement on a tract of partitioned
property for the purpose of providing reasonable ingress to and
egress from an adjoining partitioned tract that does not have a means
of access through a public road or an existing easement appurtenant
to the tract. The order granting the access easement shall contain a
legal description of the easement.
(b) Unless waived by the parties in writing in a private partition
agreement, the property owner of a partitioned tract that has a means
of access through a public road or an existing easement appurtenant
to the tract shall grant in the private partition agreement a
nonexclusive access easement on the owner's partitioned tract for the
purpose of providing reasonable ingress to and egress from an
adj oining partitioned tract that does not have a means of access
through a public road or an existing easement appurtenant to the
tract.
(c) The access easement may not be a width greater than a width
prescribed by a municipality or county for a right-of-way on a street
or road. The access easement route must be the shortest route to the
adjoining tract that:
(1) causes the least amount of damage to the tract subject to the
easement; and
(2) is located the greatest reasonable distance from the primary
residence and related improvements located on the tract subject to
http://www.capitol.state.tx.uslcgi-bin/cqcgi?CQ_ SESSION_KEY =A THPNEWEPOKJ&... 10/13/2003
Property - CHAPTER 23
Page 3 of 3
the easement.
(d) The adjoining tract owner who is granted an access easement under
this section shall maintain the easement and keep the easement open
for public use.
Added by Acts 2001, 77th Leg., ch. 647, ~ 1, eff. Sept. 1, 2001.
http://www.capitol.state.tx.us/cgi-bin/cqcgi ?CQ_ SESSION_KEY =A THPNEWEPOKJ&... 10/13/2003
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PLANNING AND ZONING COMMISSION
MEETING MINUTES - September 8, 2003
CALL TO ORDER
Chairman Wall called the meeting to order at 7 p.m.
ROLL CALL
Commissioners Bruce Kelly, Bob Culley, Earl Swift, Jeff
Byerly, Mark Jones, and Jeff Wall were present.
Commissioner Bud Sellers was absent.
Barry LeBaron, Clayton Husband, and Jan Levy from staff
were present.
INVOCATION
The invocation was given by Commissioner Jones
APPROVAL OF MINUTES
August 18, 2003 & August 25, 2003
Chairman Wall moved to approve the minutes of both meetings as written. Commissioner
Culley seconded the motion. The motion passed by unanimous acclamation.
CITIZEN COMMENTS
There was no comment.
AGENDA ITEMS
1. Case P-03-019 - TABLED ITEM - Final Plat of Old Grove, 45.459 acres located west of
the Westmont Addition and southwest of John McCain Road
Commissioner Culley moved to remove the item from the table. Commissioner Jones
seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall
Noes: None
Clayton Husband presented the case to the commissioners and reviewed the staff briefing. He
spoke about the work session that was held on September 4, 2003 and gave a summary of the
issues.
Chairman Wall asked if there were questions of staff by the commissioners.
Commissioner Jones questioned the drainage and it was reported to be an ongoing work in
progress. Staff said that when the infrastructure is in place it changes, but when the
subdivision is completed, the full drainage system will be in place.
Planning & Zoning Commission
Minutes - September 8, 2003
Page 1 of 14
Approved on September 22, 2003
Commissioner Swift asked questions about the mitigation plan for silt damage. Clayton
Husband explained that process and how the commissioners should have a comfort level with
what will be done by the City and the developer to mitigate any silt damage.
There was discussion about the technical non compliance being the result of the five foot strip
of land that is adjacent to the Parker's property. Chairman Wall read sections from the Land
Development Code regarding waivers and appeals. He referred to the chart and told the
commissioners that only City Council can grant a waiver on the 5-foot strip of land that is
prohibited by Code. Barry LeBaron commented on why the provision was written.
Eddie Eckart, the developer's engineer, was present to represent the case. He spoke about
the drainage plan and the current erosion. He said it is difficult to contain water until the
construction is completed and if erosion occurs during construction, it is treated as a separate
issue and will be mitigated. He said that he as an engineer has done a good job of addressing
the issues and he explained the technicalities and spoke about TECQ regulations.
Commissioner Swift said that he was out at the property on the 18th or 20th of August and there
were no silt fences on Whittier Heights and Whittier Heights abuts Old Grove. He also said the
storm drains were blocked. He said that given these kinds of discussion, the Planning and
Zoning Commission needs an engineering staff member present. He said he expects Mr.
Bagwell to give assurance that he will fix any down stream problems. Mr. Eckart explained the
current fencing and how an effort has been made. He also said that David Bagwell owned the
Whittier Heights property and the Old Grove property, so he was putting water from Whittier
Heights onto his own property.
Chairman Wall asked Mr. Eckart if he was willing to meet with neighbors and walk the property
to observe their problems. Mr. Eckart said he would be happy to meet with the neighbors.
Chairman Wall asked if he was empowered by David Bagwell to mitigate problems. Mr.
Potthoff, representing David Bagwell, responded that Mr. Bagwell will meet his obligations as
required by the law.
Commissioner Swift said that the chief engineer of the City met with Andy Surell about the
increase in silt in the Monticello ponds and he said he suspected the cause of the silt was
created by Mr. Bagwell, but he couldn't prove it.
Commissioner Culley asked questions about the 5' strip of land and if it will be resolved by the
Council. He asked if Council denies the 5' strip of land, would the layout go back to the
original preliminary plan. Mr. Potthoff responded that it was his understanding it would.
Commissioner Swift moved to reopen the public hearing in order to allow citizens to
speak. Commissioner Jones seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall
Noes: None
Chairman Wall told the audience that each speaker would be limited to five minutes. Those
present wishing to speak were:
Planning & Zoning Commission
Minutes - September 8, 2003
Page 2 of 14
Approved on September 22, 2003
Beth Battles, 101 W. John McCain, said the neighbors' concerns about the intersection and
realignment of John McCain Road was not resolved in the preliminary plat and it was
supposed to be resolved during the final plat process. She said this is still a major concern
she has and asked the commissioners to resolve the issue.
Ben Jones, 104 W. John McCain Road, spoke about the construction of a drainage culvert
under the newly proposed John McCain Road and he expressed concerns that the drainage
will dump onto his property. He said he wants to be involved with any future planning of the
intersection so they are not negatively impacted.
Eddie Eckart explained the drainage impact on the area and how the water will reduce in flow.
He showed the plans on the board and discussed the plans and the drainage pipe.
AI Zim, said he is the owner of Beddo Creek and lives at 7209 John McCain Road. He
distributed information he received from the City of Bedford. He said the City of Bedford, like
the City of Colleyville, let the developers get away with not doing proper drainage and so to
solve that, the City of Bedford came back in and re-did the drainage. Mr. Zim said the city paid
for it by taxing every homeowner and business, everybody in Bedford with a little extra tax, and
that turns out to be for him a new car every other year or sending one of his employees'
children to college for two years. He said it is a lot of money for him to pay, because other
people made mistakes and that's exactly what is happening here with David Bagwell and that
is something we need to put a stop to right now.
Mr. Zim said he notified the City of Colleyville about this very situation in a letter on December
22, 1998 and at that time nothing was done. He said he notified David Bagwell on February
24, 1999 about the flow of water across his property should Mr. Bagwell buy the swamp and
develops. He said Mr. Bagwell bought the swamp and he's developed it and putting silt across
his property and he's killed the fish in the fish tank, he's put the silt down in Monticello, and
he's generally just made a mess now. Mr. Zim said Mr. Bagwell's engineer just responds, "No
problem, we'll just put the silt in our tank." Mr. Zim said Mr. Bagwell's tank will fill out and that
water will go downstream and end up in the Trinity River which is a tributary and it is against
Federal law to put silt into a tributary. He said they've never mentioned this because they don't
want the commissioners to know that and he told the developer's representatives that they are
lying to the citizens and he doesn't like that.
Mr. Zim quoted from Vernon's Statutes that "no person may divert or impound the natural flow
of surface waters in this State or permit a diversion or impounding by him to continue in a
manner that damages the property of another by the overflow of the water diverted or
impounded." He said that the Commissioners now all know that, they will realize that what
they are doing is an illegal act and if the Commissioners can't stop the developer, he is going
to "drag everyone of you bastards into court and him (referring to Mr. Bagwell's
representatives) and sue them so this crap finishes." He continued to read from Vernon's
Statues. Mr. Zim told the commissioners that he would like to point out a newspaper article
from a Fort Worth newspaper that a City of Saginaw couple sued Fort Worth and the law suit is
Planning & Zoning Commission
Minutes - September 8, 2003
Page 3 of 14
Approved on September 22, 2003
not done, but they are going to get millions of dollars from the lawsuit because the City of Fort
Worth did not permit the proper runoff.
Mr. Zim went to the plat that was displayed in the room and pointed out his property, the
downhill run from his property, the location of his stock tanks and threatened Eddie Eckart that
if he puts one drop of water off the road into his stock tank, he is "going to get the judge and
haul this son-of-a-bitch to a halt." Chairman Wall told Mr. Zim to refrain from using four letter
words, and he acknowledged that Mr. Zim is upset. Mr. Zim responded that he is worse than
upset and Chairman Wall told him again he should stop swearing. Commissioner Byerly
asked Chairman Wall to request Mr. Zim to address the commissioners and not the
developer's representatives. Mr. Zim said he is just telling the commissioners what is going to
happen and there are no threats involved and he is explaining precisely what is going to
happen. He said what he likes to do is tell a grown man one time what is going to happen and
the second time he can figure it out himself. Mr. Zim said they have this water that is going off
onto the neighbor's property and that's against the law. Chairman Wall again told Mr. Zim to
address the Commission and not the contractor. Mr. Zim told Chairman Wall to request that
Eddie Eckart sit down so he can't look at him and Chairman Wall told Eddie Eckart to stay
where he is standing. Mr. Zim continued to point out on the plat where the water will flow off
the proposed development onto his property and he said he will hold the representatives of
Colleyville liable. He told the commissioners that they will have to put a stop to this now before
it carries on and the citizens are overly taxed because of somebody who has pulled the wool
over their eyes and caused problems.
Recording Secretary Jan Levy informed the Chairman that Mr. Zim's five minutes is up.
Grady Walker, owns property at 7301 and 7309 John McCain Road, and asked questions
about the channeling of water. Mr. Eckart responded and explained what impact the drainage
system will have on the area and said the handling of drainage is set forth in the Land
Development Code and they will comply with the regulations.
Carl Parker and Carol Parker, 105 W. John McCain Road told about how high his property is
elevated. He spoke about the creek and the natural springs in the area. He distributed
pictures of the area and explained how all of the water problems originate northwest of David
Bagwell's property and how that is the source of Mr. Zim's problems and not from David
Bagwell.
Carl Parker responded to the commissioners questions and said he was for the drainage plan.
He pointed out on the plat how the property acts as a cup and explained how none of the water
will go out to the north. He said that only four lots within Old Grove will experience any water
flow to the north and David Bagwell's property has natural wetlands which act as a great filter
with a half mile of natural filtration system and when the water gets to the edge of the property,
it is almost clean enough to drink. He pointed out the stock ponds in the area and said no
more ponds are needed in the area and Mr. Zim will not have any problems from Old Grove.
Planning & Zoning Commission
Minutes - September 8, 2003
Page 4 of 14
Approved on September 22, 2003
Earl Swift said that Mr. Parker mentioned that for twenty years he used to ride his motorcycle
along the creek and asked why he couldn't do that any more. Mr. Parker said the runoff that
has come off the other pieces of property north of David Bagwell's property have eroded that
side of the creek so badly that it can't even be walked. He said the gully that comes out the
end of Western Trails is eight feet wide and twelve feet deep. He explained that Mary
Goodwin's property has such a bad erosion problem that all of the dirt that was on the top of
the hill is now down into David Bagwell's creek. He said Mr. Bagwell could make a pretty good
chunk of money by hauling the dirt back up to the homeowners to the northwest because now
they have no top soil.
There was no one else wishing to speak and Chairman Wall closed the public hearing.
Commissioner Swift asked about the 'T junction on John McCain and what the impact is of
that intersection. He asked if property was being taken away from anybody or if trees were
being removed. Barry LeBaron explained the driveway realignment plan and how the right-of-
way will come from the developer. He spoke about how the realignment was designed to get
away from an angled intersection. Clayton Husband said he met with the Battles to try to
adjust the design so the intersection will not effect the trees. The commissioners and staff
entered into discussion of rights-of-way requirements. Commissioner Swift asked who owns
the trees and Clayton Husband responded that couldn't be answered yet because the surveyor
has not staked out the intersection. He said the contractor will not cut down trees until a permit
is issued by the City and the contractor said he agreed.
Commissioner Byerly asked if Mrs. Jones could add some information. The commissioners
agreed.
Mrs. Jones, 104 W. John McCain Road said she moved to her property in 1978 and she did
not own the actual roadway John McCain Road itself, but she owned the land under the road
and 8 'h feet on the other side, being the west side of John McCain Road. She said she sold
the property to the City and in all of the paper work it was established there would be no rights-
of-way or easements on their property, that the edge of the asphalt is where it stops for the
City of Colleyville. She said David Bagwell does not officially own that property, but the City of
Colleyville owns it. Chairman Wall said this is another issue that needs to be dealt with and
these are issues that should not stop a vote on the plat, but there are serious issues as far as
right-of-way, who owns what, drainage, and how it's all going to work. He said the City staff
along with the contractor ought to be able to answer those questions when the plat gets to City
Council in order for the Council to be able to affirmatively vote on the plat and then look at the
citizens and tell them that those issues have been addressed. He said he is a citizen who lives
downstream and he would like to see them addressed by the Council.
Commissioner Swift said he does not know how in all good faith the plat could go to City
Council with all these imponderables still on the table. Chairman Wall asked staff on this final
plat, what items at this point are inconsistent with the preliminary plat and therefore would
cause a no-vote. Clayton Husband said the only platting issue is the 5' strip of land adjacent to
the Parker's lot. Chairman Wall asked that given the issues like drainage, rights-of-way, who
Planning & Zoning Commission
Minutes - September 8, 2003
Page 5 of 14
Approved on September 22, 2003
owns what, and the issue of how this is going to all fit together, where would those issues be
addressed for these citizens and solved before this thing comes to fruition. Barry LeBaron
responded that staff will make those comments to the engineer and developer between the
time the Commission takes action on the plat and it goes to City Council so they will be
resolved. He said that as far as the drainage issue, the developer has a drainage plan that
meets the City's requirements, but as far as the plat itself, the only outstanding issue staff has
is the portion that is the 5' strip of land and to some degree that is somewhat an interpretation
issue that can be looked at in terms of the intent.
Chairman Wall called to the commissioners attention a letter they received from Mr. Potthoff
dated September 4, 2003. The letter said there were only two unresolved final platting issues
identified for Commission review: 1) placement of the emergency access; and 2) the 5-foot
reserve strip of land next to the Parker tract. The letter went on to highlight the points that the
Parkers agreed to the 5-foot reserve strip; the decision was already made in order to preserve
important environmental features; the ambiguity of the Land Development Code addressing
the 5-foot strip; and the number and placement of points of the Parker access remains the
same. Chairman Wall said that the letter contains the following language: "... in the end, as a
matter of law, the vote on a plat must be based only on platting issues." Chairman Wall asked
Barry LeBaron to explain the differences between platting issues and engineering issues.
Mr. LeBaron recommended that the commissioners separate the engineering issues from the
platting issues. He said he applauds the commissioners for entering into discussion and
receiving information from the citizens in the area regarding the drainage and making sure that
the engineering issues have been addressed. He said that it is not as if the commissioners
were making a decision between a 2-inch pipe versus a 3-inch pipe, and obviously that is not a
platting question. He said that the commissioners had a right to satisfy in there own minds that
certain items have been addressed and when they are satisfied, the plat is ready to move
forward. Mr. LeBaron said that even when approving a plat, it never prevents those issues
from being addressed some point in the future. He said the commissioners are empowered to
approve a plat without having engineering plans prepared, because the developer would still
be required to submit engineering development plans to the City and if the engineers require
the developer to redraw the subdivision because the plat didn't work based on the initial
concept, then that's the developer's problem. Mr. LeBaron said generally the reason the City
would want engineering plans to come forward is make sure there is a package so that the
developer knows that the lot configuration will work with the water/sewer drainage system.
The commissioners have a better comfort level that the lot configuration will work. He said the
only thing the commissioners are approving is the plat and they are not approving an
engineering design.
The commissioners entered into discussion about the two significant changes made from the
preliminary plat to the final plat. Chairman Wall said the commissioners have highlighted the
drainage issues and the intersection design issues and those issues should not stop the plat
from going forward for City Council's consideration. He said they are sending a message to
the City Council that before they vote on the final plat, there should be better answers for the
citizens than there are right now. Commissioner Swift said that he thinks they are inseparable.
Planning & Zoning Commission
Minutes - September 8, 2003
Page 6 of 14
Approved on September 22, 2003
Commissioner Culley said that he felt compelled to say that there are now two sides of the
drainage issue and he has every trust in citizens and staff that it will be worked out to the
satisfaction and to the best ability for everyone. He said it would be a disservice to the
citizens, staff, and developer to continue to hold up the plat. He said that he cannot find a
reason to hold up the plat for technical reasons and the 5-foot reserve strip was not done with
the intent to penalize the Parkers, but it was done to enhance the actual development and he
would hate to see the plat go back to the old design. Commissioner Culley said he would like
to see the plat move forward with a recommendation that the commissioners find no problem
the 5-foot strip. There was discussion about the commissioners' options for plat approval.
Chairman Wall asked for a motion.
Commissioner Byerly moved to approve the final plat. Commissioner Culley seconded
the motion. Chairman Wall said it was his understanding that they cannot vote on the
inclusion of the 5-foot reserve strip along the Parker's property. Commissioner Culley said his
understanding is the commissioners cannot approve the 5-foot strip, but they are sending the
plat on to the Council with a recommendation that the Commission is not in opposition to the 5-
foot strip on the plat. Commissioner Byerly said his understanding is that the commissioners
cannot take action on this issue, but the City Council takes final action on the plat. The vote
being:
Ayes: Kelly, Culley, Byerly, Jones, Wall
Noes: Swift
[NOTE: The Commission took a break and resumed the meeting at 8:23 p.m.]
2. Case Z-03-018 - TABLED ITEM - Zoning Change from CC2 to PUD-R Planned Unit
Development Residential on 7.160 acres located in the 4300 block of Brown Trail on the
west side of the street
Commissioner Culley moved to remove the item from the table. Commissioner Kelly
seconded the motion. The vote being:
Ayes: Kelly, Culley, Swift, Byerly, Jones, Wall
Noes: None
Barry LeBaron and Clayton Husband presented the case to the commissioners and reviewed
the staff briefing and a letter provided from the developer Larry Cole.
Commissioner Wall said he asked staff to compare the center section of Bridlewood to the
proposed Tiffany Park as it relates to density and also a comparison of open space for the two
subdivisions.
Planning & Zoning Commission
Minutes - September 8, 2003
Page 7 of 14
Approved on September 22, 2003
RESOLUTION R-03-2258
A RESOLUTION APPROVING THE
FINAL PLAT OF EMERSON ESTATES ADDITION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the final plat of Emerson Estates is hereby approved.
AND IT IS SO RESOLVED.
NAYS AND
2003.
ABSTENTIONS ON
PASSED BY A VOTE OF
THIS THE DAY OF
AYES,
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
CITY COUNCIL
." AGENDA BRIEFING
Te;'(::l,;
MEETING DATE: ! 11/04/03
ITEM # : I 15
I
ORDINANCE# : I 0-03-1427
I
i
CITY MANAGER i
DEPARTMENT HEAD I (S( dd ~
,
FINANCE REVIEW I
,
Previous Action: Tabled October 21, 2003
DEPARTMENT: ENGINEERING
SUBJECT: Approval of a City Developer Agreement with
Westgate Villas, Ltd., for Rosewood Villas
Second Reading and Public Hearing
First Reading and Public Hearing
The plat for Westgate Villas Addition was filed with Tarrant County on January 28, 2003. The
plat was amended on September 25, 2003, to incorporate a name change to Rosewood Villas
and to include the addition of a 5' utility easement to the front of each lot. Public improvements
associated with the Rosewood Villas Addition are complete.
Staff has reviewed the subject agreement with Westgate Villas, Ltd., and finds it to be
consistent with developmental policies and ordinances. All items in this agreement are
standard with the following exception: 1) the City agrees to reimburse the Developer an
amount of $49,541.98 for the installation of 900 linear feet of 16 inch water main per the City's
Water System Capital Improvement Plan. This water main is part of the new high plan
transmission main from L.D. Lockett to McDonwell School Road.
Financial Impact
City staff will work with the Developer to provide documentation prior to reimbursement of
funds. Funds are available from water impact fees.
Recommendation
Approval
Attachments
. City-Developer Agreement
. Ordinance 0-03-1427
CITY OF COLLEYVILLE
CITY - DEVELOPER AGREEMENT
WESTGATE VILLAS, LTD.
ST ATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That Westgate Villas, Ltd., a Limited Partnership organized under the hereinafter called
"Owner/Developer", and the City ofColleyville, Tarrant County, Texas, hereinafter
called "City", enters into the following agreement ("The Agreement").
In consideration of the mutual covenants herein contained and for developing lots in
Rosewood Villas (fonnerly Westgate Villas), an Addition to the City ofColleyville, as
filed of record in Cabinet A Slide Nwnber 8666 of the Plat Records of Tarrant County,
Texas, the parties hereto do agree:
1. The Owner/Developer will provide a complete service connection at each lot,
including tap, service line, curb stop and tap for sewer. The charge for the right to
connect to the system shall be in accordance with the City's current water and sewer tap
fees. Fees will be charged and paid at the time building pennits are issued.
2. The Owner/Developer will contract for street, drainage, water and sewer requirements
with reputable contractors. All contract docwnents shall be prepared under the
supervision and bear the seal of the Registered Professional Engineer who shall be
licensed in the State of Texas. Before acceptance of the public improvements by the
City, the contractor or contractors will furnish a two year maintenance bond, such bond to
be in the amount often percent (10%) of the construction cost of all public
improvements.
3. The Owner/Developer agrees to pay the City for plan review and inspection fees for
the water, sanitary sewer, drainage, and paving improvements in accordance with the
current ordinance requirements, prior to the acceptance of public facilities.
4. The Owner/Developer will furnish and install all street name signs, stop signs, or any
other traffic control signs in accordance with the current Land Development Code
requirements. The Homeowners Association shall maintain all street sign poles in the
Rosewood Villas Addition.
5. The City agrees to pay the Owner/Developer the sum of $49,541.98 for the installation
of 900 LF of 16 inch water main being extended from the existing 16 inch water main at
the northwest corner of the Remington Park Addition, then south along the 30' Greenbelt
to the south boundary. The 16 inch water main extension as shown on the City approved
construction plans titled "Westgate Villas Addition" prepared by KBA Partners, Inc.,
consulting engineers/surveyors (see Exhibit "A").
6. Roadway Impact fees in the amount of$1,589.00 a lot for 53 lots ($84,217.00) will be
accepted by the City in lieu of perimeter street escrow in the amount of $69,359.74 for
McDonwell School Road. Roadway impact fees shall be collected at the time a building
permit is issued on a lot.
7. There are no credits against the sewer impact fee, which is $256.00 per lot for a 1 inch
meter (fee dependent on meter size).
8. There are no credits against the water impact fee, which is $2,936.00 per lot for a 1
inch meter (fee dependent on meter size).
9. The Developer shall pay Parkland Dedication fees in the amount of$95,506.00
(53 lots at $1,802.00 per lot).
10. The Owner/Developer agrees to escrow $5,300.00 (53 lots @ $100.00) for the
Erosion Surety Fund.
11. Owner/Developer agrees to inform builders of the drainage requirements set by the
City approved drainage and lot grading plans.
12. The City shall not be responsible for the maintenance or operation of any detention
ponds or any improvements associated with the detention ponds.
13. The City shall have no maintenance responsibility for private open space. The
OwnerlDeveloper or the neighborhood Homeowners Association shall maintain this area.
14. The Owner/Developer understands that he has no authority to cancel or amend the
terms of the agreement without specific written authority of the City.
15. The Rosewood Villas Addition was approved as a gated community in accordance
with Chapter 10, of the City's Land Development Code. OwnerfDeveloper shall provide
an automatic opener on the gates that will allow fire apparatus to continue on to the
roadway without hesitation. The gate shall open via an Opticom emitter system. All
receivers must be compatible with this system.
16. Upon completion of the work, good and sufficient title to all constructed, public
improvements free of any liens or encumbrances, is hereby vested in the City of
Colleyville.
17. If for any reason the ownership of the property should change prior to the acceptance
by the City of the water, sewer, storm drainage and paving improvements in Rosewood
Villas Addition, it is agreed that these conditions will pass from this OwnerlDeveloper to
the next owner and the City will require proper signatures of the new Owners agreeing to
the terms of this Agreement.
18. The Owner/Developer shall construct the 5 foot sidewalk along McDonwell School
Road from the east property line to the west property line being a distance of
approximately 675 linear feet.
IN WITNESS WHEREOF, the parties to these presents have executed this contract in
three (3) counterparts, each of which shall be deemed an original on the day of
,2003.
D/1:0PER
---CJ~
Westgate Villas, Ltd.
Raman Chandler
Raman Chandler Properties, LC
General Manager
CITY OF COLLEYVILLLE
Joe Hocutt, Mayor
Cynthia Singleton
City Secretary
ORDINANCE 0-03-1427
AN ORDINANCE AUTHORIZING THE APPROVAL OF A CITY-DEVELOPER
AGREEMENT WITH WESTGATE VILLAS, LTD., FOR ROSEWOOD VILLAS
WHEREAS, Westgate Villas, Ltd., (Developer) shall construct public improvements and
the City of Colleyville, Texas shall participate in the cost as determined by
municipal ordinance under Subchapter C. Developers Participation in
Contract for Public Improvements, Local Government Code, State of
Texas; and
WHEREAS, the City of Colleyville and Developer hereby entered into a City-Developer
AgreemenUContract for Rosewood Villas, which specifies certain
construction costs that the City has agreed to participate in with the
Developer.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Developer shall construct the improvements and the City shall
participate in their cost.
Sec. 2.
THAT the City's total cost participation of $49,541.98 does not exceed
thirty percent (30%) of the total contract.
Sec. 3.
THAT all of the Developer's books and other records related to the project
shall be available for inspection by the City.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2003.
day of
The second reading and public hearing being conducted on the
2003.
day of
ATTEST:
Cynthia Singleton, TRMC
City Secretary
APPROVED AS TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney
Ordinance 0-03-1427
Page 2 of 2
CITY OF COLLEYVILLE
Joe Hocutt
Mayor
Colleyville Historical Preservation Committee
Minutes September 9,2003
1. Call to Order - The meeting of the Colleyville Historical Preservation Committee
was called to order at 7:07 pm.
Members Present - Chairman Joe Deupree, Sammie Bolling, Gerald Hartman,
Jr., Molly Munson, Lila Coley, Ed Havran, Shirley Schollmeyer, and new
members Brenda Miller and Nelson Thibodeaux. Also present was
Communications Manager Dixie Cawthorne and Administrative Assistant Cindy
Martin.
2. Welcome New Members - New members Brenda Miller and Nelson Thibodeaux
were introduced.
3. Election of Officers
Chairman - Shirley Schollmeyer nominated Joe Deupree for Chairman. Ed
Havran made a motion that nominations cease and that Joe Deupree be elected
by acclamation, second by Gerald Hartman, Jr. Motion approved.
Vice Chairman - Sammie Bolling nominated Lila Coley as Vice Chairman.
Shirley Schollmeyer made a motion that nominations cease and Lila Coley be
elected by acclamation, second by Ed Havran. Motion approved.
Secretary - Shirley Schollmeyer nominated Sammie Bolling as Secretary. Ed
Havran made a motion that nominations cease, and that Sammie Bolling be
elected by acclamation, second by Lila Coley. Motion approved.
4. Approval of Minutes of August 12, 2003 - Shirley Schollmeyer made a motion
to approve the minutes of the meeting of August 12, 2003, second by Lila Coley.
Motion approved.
5. Discussion of City of Colleyville 50th Year Anniversary Event - following
discussion, Sammie Bolling submitted a beginning list of individuals,
organizations, and businesses to contact in regards to the 50th year celebration.
Committee members were asked to add to the list. Chairman Deupree requested
that a recommendation to the City Council to form a committee be placed on the
next agenda. Joe Deupree volunteered to help Shirley Schollmeyer investigate
public interest in the celebration. Sammie Bolling will provide a master list of local
businesses and Ed Havran volunteered to help with a committee to contact
citizens who might be interested in getting involved in the celebration. Nelson
Thibodeaux and Sammie Bolling volunteered to assist with publicity by doing
news releases with forms for volunteers. Cindy Martin suggested that each
member take the beginning list of contacts, add to it, and present it back to the
committee at the next meeting so that a master list can be developed.
6. Update of Local Historical Marker Application Program - Dixie Cawthorne
reported that the marker for the Fire Station Site has been delivered. Dixie will
contact the schools and schedule a date for a dedication ceremony.
The committee requested that discussion of a sign for Bransford by the railroad
track be placed on the next agenda.
Dixie reported that the marker for the Bogart Dairy has been ordered.
Lila Coley expressed interest in marking a site under two (2) giant oak trees near
the railroad where campaign speeches for county elections were held.
The committee discussed the next markers to be worked on, Andy Phelps house
on L.D. Lockett and Mayor Eudaly's house located on Glade Rd.
7. Discussion of Resolution R-03-2197 - Supporting the identification of
potential site(s) for the storage, rehabilitation andlor restoration of
historical structures and other historical items for the purpose of
preserving the history of the City of Colleyville - Joe Deupree reported that
the City Council approved Resolution R-03-2197. Joe Deupree and Nelson
Thibodeaux will submit a list of available sites to the City Council for
consideration.
8. Update of Historical Preservation Foundation - Shirley Schollmeyer reported
that the Articles of Incorporation for the foundation have been filed.
9. Discussion and Consideration of Historical Information for the Colleyville
Website - A list of the original assignments to committee members will be
provided at the next meeting.
10. Adjourn - Lila Coley made a motion, second by Gerald Hartman, Jr., to adjourn
the meeting. Motion approved. The meeting was adjourned at 9:10 pm.
The next regular scheduled meeting will be October 14, 2003, at 7:00 pm.
RESOLUTION R-03-2259
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
NOVEMBER 4, 2003
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.
2003, BY A VOTE OF
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor