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AGENDA
CITY COUNCIL MEETING
100 MAIN STREET
JANUARY 6, 2004
5:15 P.M. - PRE-COUNCIL AGENDA
PC-1. Discussion of designating City property for relocation of historical structures
PC-2. Discussion of City Council's goals for 2004
PC-3. Discussion of the January 6, 2004, 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. 551.072 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Property Acquisition
Sec. 551.071 -
7:30 P.M. - RESUME REGULAR MEETING
INVOCATION:
Reverend Lee Johnson, Bear Valley Community Church
PLEDGE OF ALLEGIANCE: City Attorney Ross Foster
100 MAIN STREETCOLLEYVILLE, TEXAS 76034 (817) 503-1000
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS
PLAQUES -
In recognition of service on the Parks and Recreation Advisory
Board - Meg Davis, Jim Messina and Bill Mitchell
PLAQUES -
In recognition of service on the Colleyville Economic Development
Corporation Board - Janice Cole, Donna O'Brien and Gary
Cantrell
PLAQUES -
In recognition of service on the SH26 Advisory Committee - Joyce
Hammill and Larry Midtbo
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-04-2290 - Consent Items:
a. Approval of minutes of the regular City Council meeting of December 16,
2003
b. Approval of the minutes of the City Council Worksession of December 10,
2003
c. Approval of Eudaly Homesite at 710 Glade Road local historical marker
application
PUBLIC HEARINGS:
4. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1433 -
Approval of an amendment to the Special Use Permit for Alcoholic Beverage
Sales in Town Center Colleyville Addition (Ordinance 0-03-1389) located at the
southeast corner of Hall Johnson Road and Colleyville Boulevard, Case Z-03-
029
5. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1434 -
Approval of a Zoning Change from CC2 to CPO on 2.67 acres located at the
northeast corner of Heritage Avenue and Gateway Drive, Case Z-03-027
6. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1435 -
Approval of an amendment to the PUD-C for the Village at Colleyville (Ordinance
0-02-1337.4) to allow a drive-through business on Lot 3 located at 23 Main
Street, Case Z-03-028
7. SECOND READING AND PUBLIC HEARING - Ordinance 0-03-1436 -
Approval to place restrictions on the use and operation of motor assisted
scooters by prohibiting the operation of motor assisted scooters on streets,
highways, paths and alleys
8. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1437 - Approval
of an Ad Valorem Tax Freeze for residential homestead property owners who are
disabled or sixty-five years of age or older
9. FIRST READING AND PUBLIC HEARING - Ordinance 0-04-1438 - Amending
Section 2 of Ordinance 0-03-1431 to authorize the expenditure of $378,063 of
unappropriated fund balance for construction of the Sneed Property Practice
Fields
10. READING AND PUBLIC HEARING - Resolution R-04-2291 - Approval of a
waiver of the requirements of Section 6.3 of the Colleyville Code of Ordinances
regarding the sale of alcoholic beverages within 300 feet of a school, Case Z-03-
029
11. READING AND PUBLIC HEARING - Resolution R-04-2292 - Approval of a City
Council Donation and Solicitation Policy
TABLED ITEMS:
12. CONSIDERATION OF ORDINANCE 0-03-1432 - Approval of a Zoning Change
from CN and R20 to PUD-C with a Special Use Permit for Alcoholic Beverage
Sales on 2.17 acres located at the northeast corner of Precinct Line Road and
McDonwell School Road, Case Z-03-026
13. CONSIDERATION OF RESOLUTION R-03-2283 - To override the Mayor's veto
of Resolution R-03-2276, appointing members to the Planning and Zoning
Commission
14. CONSIDERATION OF RESOLUTION R-03-2284
appointments to the Planning and Zoning Commission
Consideration of
REPORTS:
15. PARKS AND RECREATION ADVISORY BOARD MINUTES - November 3,
2003
LIBRARY BOARD MINUTES - September 10, 2003
CITIZEN COMMENTS:
16. CITIZEN COMMENTS/PRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
ACTION/RESOLUTION:
17. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF JANUARY 6, 2004 -
Reading and Public Hearing - Resolution R-04-2293
ADJOURNMENT:
18. ADJOURNMENT
I hereby certify the above agenda was posted on the bulletin board at City Hall on Wednesday, December
31,2003, at 5:00 p.m.
~
Cynthia Singleton, TRMC
City Secretary
If you plan to attend this public meeting and have a disability that requires special
accommodations, please advise the City Secretary at least 48 hours in advance at
817.577.7575, and reasonable accommodations will be made to assist you.
PRE COUNCIL
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MEETING DATE: I
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ITEM#: I
01106/04
PC-1
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CITY MANAGER i .'
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DEPARTMENT HEAD I
FINANCE REVIEW!
Previous Action: None
DEPARTMENT: CITY MANAGER'S OFFICE
SUBJECT : Discussion of designating City property for
relocation of historical structures
During the November 18, 2003 Pre Council meeting, the Council discussed the consideration
of designating an area for the Historical Preservation Committee to locate historical structures.
Following discussion, Council requested staff to review available City properties. Upon review,
it appears that the former City Hall property provides the greatest flexibility in available use.
Remaining property owned by the City generally has been identified for park related
developments. This item is being provided for further Council direction.
Attachments
. City Council Agenda Briefing, dated November 18, 2003
PRE COUNCIL
<C~'" AGENDA BRIEFING
7"l'.\ rl ~
, 01/06/04 CITY MANAGER i .-:;z ~
MEETING DATE: ,
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ITEM#: i PC-2 DEPARTMENT HEAD i
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, FINANCE REVIEW I
Previous Action: None
DEPARTMENT: CITY MANAGER'S OFFICE
SUBJECT: Discussion of City Council's goals for 2004
As part of the annual goal setting worksession in June, the City Council identified a number of
initiatives for the 2003-04 Fiscal Year. This item is provided to allow a status report for the City
Council.
Attachments
. City Manager memo, dated December 21,2003
. City Council Agenda Briefing, dated July 15, 2003
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MEMORANDUM
Office of City Manager
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Bill Lindley
First Quarter Goals Review
December 21, 2003
The past number of months has certainly been busy for the Council in moving forward on your
identified goals for this year. The goals are a result of the City Council worksession held this
past June 6-7. A number of items were identified to work on for the coming year during the
meeting. A copy of the work session's identified goals was approved during the July 15
Council Pre-Council worksession (copy attached).
As we close the first quarter for the Fiscal Year, I thought it would be good to provide you a
summary of our work efforts over the last few months. As mentioned, you will see that we
have already completed a number of the initiatives for this year. Your CIP work session
scheduled for January 8 and the joint meeting with the Economic Development Task Force
meeting (January 21) may result in additional staff work efforts.
I appreciate the support and direction you have provided over the last few months as we have
addressed each of these issues.
~.~-~
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2004 City Council Goals
1st Quarter Review
Council Relations
. Develop a Code of Conduct: No action has been taken on this item (per Council direction).
. Review Council Rules of Procedure: While staff has worked on preliminary modifications, no
formal presentation has been made yet with City Council.
. Provide Semi-annual update of Goals: A presentation will be provided in March/April.
Economic Development
. Develop "Project Colleyville": No action has been taken with this (per Council direction) pending
a Council worksession with the Economic Development Task Force.
. Roundtable forum with area groups to explore growing the commercial base: This was
completed as a part of the work effort of the Economic Development Task Force.
. Initiate a visioning process: This was completed as a part of the work effort of the Economic
Development Task Force.
. Prepare a five year revenue projection from commercial growth: This will be a part of the five-
year budget development.
. Provide staff funding in the 2004 Budget: This was accomplished with the position advertising
currently underway.
Budqet
. Develop a "maintenance budget" with focus on buildings coming on line and additional funding
for street maintenance: The approved budget provides funding for the three new
buildings and related staff; a computer replacement, and supplemental street funding.
. Develop a multi-year CIP program: Council has had several worksession and scheduled to
complete project listing within the next quarter.
. Develop a multi-year budget: No action has been undertaken on this since staff has been
allocated to completing the annual audit. Work is scheduled for the second quarter
with completion by the third quarter.
Street Improvements
. Prepare a study evaluating street conditions and funding needs: This was complete as part of
the 2004 budget process.
. Develop a regular reporting format for reporting of intersection improvements: The first report
has been provided to Council and staff is finalizing a feature to the City Website for
ongoing updates.
PRE-COUNCIL
ccece AGENDA BRIEFING
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MEETING DATE: ! 07/15/03 CITY MANAGER 1 - V~
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ITEM#: PC.2 DEPARTMENT HEAD!
,
; FINANCE REVIEW i N/A
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Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Discussion and review of the Annual Retreat Report
This item provides the opportunity for the City Council to discuss and review the Annual
Retreat Report as attached.
Strat~gic Government Resources, Inc.
2332 Ember Woods
Roanoke, Texas 76262
817-741-2331
June 24, 2003
Honorable Mayor and City Council
City of Colleyville
C/O Mr. Bill Lindley, City Manager
5400 Bransford Road
Colleyville, Texas 76034
Dear Mayor, Councilmembers and Staff:
I am pleased to provide you with this final report summarizing the results of the
City Council Retreat held on June 6-7 at Marriott Solana in Westlake. This report
will describe the process we went through, as well as document the results of the
session, and will include selected recommendations for future steps.
I truly enjoyed the time I spent with each of you individually, as well as the time at
the retreat. Due to the lengthy discussions Friday evening, we made a number
of presentation and process changes, which substantially .abbreviated and
modified the process. Accordingly, I want to extend to the City of Colleyville an
offer of a second retreat at a time of your convenience at no additional cost.
Please feel free to contact me at 817-741-2331 if you have any questions
concerning this report.
Respectfully submitted,
Ron Holifield
CEO
Strategic Government Resources
2
Introduction and Process
SGRI was engaged to facilitate the annual goal setting retreat of the Colleyville
City Council, and the expectation of the City Manager was that the retreat would
focus on a traditional goal setting and priority setting process similar to previous
years. A series of interview questions were developed which were designed to
stimulate general thought and discussion by each of the elected officials with
regard to specific aspects of the community, and related goals they had for the
future of the community. In the weeks prior to the retreat, all elected officials
except for the Mayor were able to participate in the interview process.
The interview responses provided the foundation for Council discussions at the
retreat. Interestingly, although several of the interview questions specifically
asked about "community features" which typically elicits responses that are more
project oriented in nature, the responses to almost every interview question,
regardless of what the question was, tended to flow back to one or two over
riding issues. The first was figuring out how to create political and community
healing that would allow everyone to come together and work as a team, even
when they disagree on a given issue. The second was economic development
concerns. Secondary trends that arose dealt with streets and intersections, and
budget challenges, but both of those also appeared to have significant overtones
related back to either the political environment or the need for economic
development.
As a result, the flow of the workshop was altered somewhat to respond
specifically to the most compelling issues raised by Council, rather than staying
with a more project oriented and traditional "goal setting" approach. That type of
session can limit time for open discussion which, looking at the time you devoted,
seemingly was important to you. In essence, creating an interpersonal teamwork
foundation is essential to achieving maximum success on a variety of specific
projects. In the end, the Council developed a number of goals for the ensuing
year that can position Colleyville into a truly unique position.
The Interview Results
Each interview was approximately one hour long, consisting of seven questions.
The questions were intentionally overlapping, and designed to "prime the pump"
to find out what everyone was really thinking in goals for the next year, rather
than being designed to elicit specific tangible responses. The most interesting
aspect of the interview responses was the overwhelming degree of unity in
perspective on almost every single issue. Indeed, based on the degree of
historical political turmoil, and the degree of diversity apparent on the Council,
the extraordinary degree of unified vision was highly unexpected, which creates
both an opportunity and a burden.
The City of Colleyville has a phenomenal opportunity to achieve great things due
to the clear unified vision that exists. However, this also creates a great burden,
for if you fail to achieve greatly, it will not be a result of conflicting views of what
3
Colleyville should become, but of your failure to decide that working together for
a better future is more important than personal political battles. Additionally, it is
not uncommon for a divided council to place blame on staff for failure to
accomplish goals despite there being no clearly agreed upon goals of the
Council. The Council uniformly expressed strong support for the City Manager
and City staff. However, I would urge particular caution and sensitivity in this
area, due to the number of interview responses which specifically mentioned
concern on the part of various council members about the need to avoid placing
staff in the middle of differing political viewpoints.
The great news is that based on the interview results, it is clear that every
respondent strongly believes the future of Colleyville is far more important than
personal political battles, and there appears to be an amazing level of
commitment to changing the future, as a unified Council, even as you will
disagree on various implementation strategies.
This high degree of commitment to putting the future of CoUeyville first came
through loud and clear in the interviews, as did a very strong desire to see the
Council work as a team. There were several very key trends and patterns that
were clearly shared by most (and in almost every case - all) of the Council
members interviewed.
Council Conflict and Turmoil Should be Overcome by:
. Overcoming "party" labels
. Evaluating decisions based on philosophy and vision not on personalities
. Getting to know each other as people
. Admitting what the problem is
. Tolerating different viewpoints
. Accomplishing things that matter long term
. Keeping staff out of the middle
. Quit killing the future "so my side wins"
Economic Development Priorities Included:
. Developing a coherent economic development vision
. Rapidly developing a cohesive SH26 vision and action plan
. Developing Precinct line, and Highway 121 game plans
. Create a stronger sense of community identity
. Creating a better community reputation in the development community
. Creating an environment which encourages development that is
compatible with semi rural lifestyle, but generates sufficient revenue to
support outstanding community services
Budget Priorities Included:
. Live within our means
. Plan for a flat revenue future
. Find new resources
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. Protect what we have
Roads and Intersections Priorities Included:
. Proceed with planned intersection improvements
. Determine how to handle retail traffic and become a destination without
losing small road'feel
Direction and Decisions
For the casual observer, it may have been easy to miss the significance of
several of the decisions that the Council made on Saturday morning, since they
did not involve a lot of conflict or debate, and since they were addressed more in
discussion form, rather than as a "priority list". However, subtlety does not
translate into insignificance. Indeed, the Council provided very clear
philosophical direction on several issues of substantial importance to the future of
Colleyville. An item needed group consensus to "make it to the list" of things to
work on in the next year. Following is a brief overview of those key decisions
which were made at the retreat. They are generally grouped under the four
priority topic headings discussed above, even though the discussion flow itself
was not necessarily in the same order.
Council relations
. Develop a Code of Conduct providing guidance on how to treat and
respect elected members and staff
. Review the Rules of Procedure for standards of conduct during Council
meetings
. Provide a semi annual update of status of annual goals
Economic Development
. Develop "Project Colleyville" looking at:
o Possible sales-property tax rebates based on reinvestment of
buildings and landscaping.
o Matching grant program for Homeowner Associations that increase
landscaping in City ROW
o Prepare an economic development incentive policy
o Commercial (vacant) property management regulations for:
. allowable height of grass
. placement of window "boarding"
. maintenance of buildings and landscaping
. locating security fencing of closed businesses
. Initiate a roundtable forum to:
o identify strengths, weakness, challenges and opportunities in
growing the commercial base of the city, by meeting with the
· Colleyville Chamber of Commerce, area commercial
developers, Colleyville Business Alliance, and other
interested stakeholders.
5
. Initiate an economic development strategic vIsioning process for a
citywide destination emphasis based on an approach to "New Urbanism"
and review of possible peer cities development approach across the
country.
. Prepare a five year summary, to make reasonable projections to
development of a multiyear budget forecast, of commercial activity looking
at:
o sales and property tax growth
o identify number of commercial building permits with projection of
property and sales tax generated
o identify new and closed businesses over last three years with
revenue impact to the city
o evaluate undeveloped land areas along SH26, SH121, and Precinct
Line Road for revenue enhancement.
. Focus on development of the 2004 budget to fund an economic
development position through new revenues or position realignment.
BudQet
. FY 2004 budget development to focus on a "maintenance funding"
approach for departments recognizing planned additional funding for:
o buildings and related service programs coming "on line"
o alternatives for increasing annual street overlay program
. Multiyear building and infrastructure needs
o Hold a CIP worksession to review:
· possible citywide projects
. available funding scenarios and possible public input
· operating budget impacts of capital projects
. Multi-year Operating Budget
o Develop a multi-year budget identifying annual
· compensation program
· staffing support
· probable service program development
· replacement program for
. computers
. vehicles
. building maintenance
Street Improvements
. Prepare a study for a Street Overlay-Preventive Maintenance Program for
residential streets, looking at
o grading quality standard for streets
o cost per mile for overlay of a typical street
6
o annual cost (ongoing five year program) to keep streets at
determined quality level
. Develop a regular reporting format on quarterly basis for the Council for
o street intersection construction
o a workplan of key tasks for SH 26 improvements
Recommendations
Council Operating Rules
There will be a temptation to let this decision slip by you and to simply never get
around to devoting the time necessary to developing meaningful council
operating rules. I want to urge you in the strongest possible terms to spend
some focused time discussing, debating and agreeing upon formal operating
rules. Once you have agreed upon your operating rules, I would encourage you
to laminate them and place them at each member's place on the dais. Again, the
tendency will be to let this slip as being unnecessary, but if you will follow through
on this stop, you will be surprised at how much this simple act will begin to shape
the tone, demeanor and dynamics of your Council meetings. In fact, I would go
so far as to say that if you do not make this a priority, the odds are great that you
will rapidly fall back into old patterns of conflict.
Mayor/Council/City Manager Roles and Responsibilities
Although this was outside the realm of this retreat, it is clear from watching the
dynamics at the retreat, that there are some significant questions regarding
appropriate roles and responsibilities for various players which probably need to
be addressed. I do not have sufficient information to offer speculation at this
point as to what all is driving these questions, but it is clear that role and
responSibility questions are a significant subtext to some of the other dynamics
which are occurring.
To have a healthy team environment, it is absolutely critical that there is very
clear and agreed upon definitions of the roles and responsibilities of the Mayor,
City Council members and the City Manager, both collectively and individually. It
is not clear, that such clear definition and understanding exists across the board.
I would encourage you to take the time to ensure that everyone is on the same
page with regard to mutual expectations regarding various roles and
responsibifities.
Failure to address this issue, will allow it to continue as a subtext, and make it far
more difficult to achieve the vision of greatness that is attainable for Colleyville.
While there is no conflict associated with this, it is an item that may be of value
for further discussion. A worksession can be a format to create a discussion
opportunity in solidifying the philosophy for the role and responsibilities for the
Mayor, City Council members and the City Manager.
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Economic Development
Colleyville is truly a unique environment, which offers both opportunities and
challenges. I urge you to make sure you think big enough, when thinking about
the future. The concepts of a "destination" of boutique shops that serves
Opryland visitors, and other regional visitors has merit and is exciting.
Additionally, it has the potential to offer the unusual marriage of a semi rural
environment, with a sales tax base that you afe looking for. However, to achieve
such will demand that you bring in thinkefs, planners and developers who afe big
and bold enough to think out of the box regarding how to redevelop Highway 26.
A few random thoughts that were discussed during the retreat that may be worth
considering as you begin to develop a cohesive economic development plan
include:
LeveraoinQ of Sports Stars
Colleyville has some exceptional sports stars as residents. There are numefOUS
opportunities to let them help make their hometown more successful. However,
such does not just happen. It is essential that you develop a specific game plan
and know what you are asking them for before you approach them. And, it is
essential, that they have confidence that they will not get pulled into a political
controversy if they get involved
LeveraoinQ COfPorate Leaders
Most large corporations have extensive charitable and foundation funding which
they expend to support a variety of causes. And many corporations provide
substantial support fOf community projects which the senior management
believes in. With your very large base of corporate leaders who call Colleyville
home, you should be following a specific strategy for ensuring that some of the
charitable and foundation support their many corporations are providing finds its'
way to their senior executive's home towns. Once again, however, it is essential
that they have great confidence that such involvement will not allow them to get
drawn into a political controversy.
Economic Development visioninQ process
Colleyville is unique in its location to the metroplex and layout of the city in both
road system and land use. Taking a step back and looking for similar cities
across the country that have developed their natural resources into assets may
be of use as you focus on economic development opportunities.
. New Urbanism
The Highway 26 corridor may offer some interesting opportunities fOf new
urbanism opportunities which could help SPUf some of the boutique-
destination development which is desired. However, it is essential that
you bring in developers and thinkers who truly understand new urbanism,
and have the track record and experience to know what will work. The
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study could look at an approach of a "New Urbanism" study with an
emphasis on
o SH 26, SH 121 and Precinct Line Road, by
. evaluating expanding established niche markets for
. (spas, home decorating, etc.)
. studying new markets for
. fine arts galleries, upscale jewelry-clothing stores,
cooking & equipment-classes, etc.
The RFP process would look at selecting consultant(s) based on proposed
visioning process with emphasis on economic development using area
retail to "playoff" from: DFW Airport, OpryLand, West End, and Sundance
Square. Study would additionally look at evaluating commercial and retail
viability within trade areas for Colleyville looking at unmet markets in the
surrounding cities.
. The City of Franklin, Tennessee as a Model
Colleyville's vision for a "semi rural" environment, blends well with the
concept of an environment of "gentleman farmers". You may want to visit
Franklin, Tennessee, as one successful example of a semi rural
environment with very large homes, on large lots, with a rural feel, but
within an urban area. Franklin also is the home to numerous executives
and music stars, so the comparison there is strong as well, and may offer
some insights into what they have found to be successful in getting those
folks involved in the community.
. The City of Sausalito, California as a Model
The vision for being a destination for boutique shops to out of town
visitors, as well as metro area residents, blends well with the model
followed by Sausalito You may want to visit them to explore what they
believe has been the keys to their success, and how they initiated their
very strong high end arts community base in the beginning.
. Corporate Retreat and Conference Center
The high presence of corporate executives suggests that a high quality
corporate retreat and conference cer>ter, particularly one in a "semi rural"
setting, might prove to be a real benefit to the community. In essence,
such a facility could accommodate the needs of corporate executives who
call Colleyville home, who would prefer to hold executive meetings near
their own home if appropriate facilities were available. This may play well
into the number of executives working from their homes yet needing
meeting space. It also could be an economic engine to help fuel the
boutique-shopping environment you have envisioned.
Summary
I truly believe that the City of Colleyville is one of the most exciting places anyone
could be right now. It is clear that the City Council is very strong, and has the
9
potential to accomplish some truly amazing things. In fact, I have shared with
several other people since the retreat, that I believe Colleyville may have one of
the strongest city council's of any city in the Metroplex right now.
I am convinced that your vision for the future is achievable, and is on target for
what Colleyville needs in the coming decades to remain an exceptional city to
call home. Your major challenges will be to keep your focus on the unified vision
instead of the politics, and to think big enough on projects like Highway 26.
The strength of the City Council is with the team and not the individual. As you
reflect on specific goals, a broad group perspective is important to remember that
the majority of the other members may not share your individual view. The
collective development of your goals into the City Manager's work program helps
build a sense of a team among the members of the City Council to assist the City
Manager in directing the operations of the organization.
Leaving the retreat, the City Manager discussed that a worksession would be
scheduled for your review of my follow-up report. As the goals evolve into a work
program, remember that the goals and work program will allow the City Council
and City Manager to:
. provide group direction
. establish visible objectives and tasks
. keep the City Council and organization on course
. assist in the allocation of resources
. promote continuity of action
. keep the big picture focused
It was a true honor to be a part of your retreat, even though my role was quite
limited. I want to urge you to stay focused on the vision, to rise above political
conflict, and to make the sacrifices necessary to still make Colleyville the
preferred place to call home decades from now. Please do not hesitate to call on
me if I can assist you in making your vision a reality in any way.
Respectfully submitted,
Ron Holifield
CEO
Strategic Government Resources, Inc.
817-741-2331
10
CITY COUNCIL
(Cen~ AGENDA BRIEFING
tt':rOl;\ll
MEETING DATE:
ITEM # :
I
11/18103
PC-3
CITY MANAGER I
DEPARTMENT HEAD !
FINANCE REVIEW I
Previous Action: None
DEPARTMENT: CITY MANAGER'S OFFICE
SUBJECT: Discussion of identifying possible City-owned land
for location of historical structures
In support of Resolution R-03-2197, the Historical Preservation Committee is desirous of
acquiring and placing historical structures in a central location for pUblic viewing. As a part of
this work effort, the Committee has requested that the City Council consider designating an
area at the current City Hall as a location for this program. A copy of the Historical
Preservation Committee letter was provided to the City Council on October 15, 2003. The staff
cover letter indicated that staff would also compile a map of other city properties. The map
and a notice that the request would be scheduled for City Council discussion at the November
18, 2003, meeting was also included.
Financiallmoact
There is no immediate financial impact caused by the Historical Preservation Committee
request. There may be future costs dependent on acquisition, relocation and site
arrangements. These costs would have to be identified on a case-by-case basis.
Attachments
· Resolution R-03-2197
· City Manager memo dated September 22, 2003
· City Manager memo dated October 15, 2003
RESOLUTION R-03-2197
A RESOLUTION SUPPORTING THE IDENTIFICATION OF POTENTIAL SITE (S)
FOR THE STORAGE, REHABILITATION AND/OR RESTORATION OF
HISTORICAL STRUCTURES AND OTHER HISTORICAL ITEMS FOR THE
PURPOSE OF PRESERVING THE HISTORY OF THE CITY OF COLLEYVILLE
WHEREAS, a community's historical roots establish that community's identify and
form the foundation of its future; and
WHEREAS, much of our history may be lost without the careful and thorough
identification, collection and preservation of historical information,
artifacts and sites; and
WHEREAS, the City Council established the Historical Preservation Committee,
which is charged with the following responsibilities:
a) developing and recommending to the City Council a plan to identify,
collect and preserve information, artifacts, and sites relevant to
Colleyville's history; and
b) recommending to the City Council a permanent and publicly
accessible location for the display of such historical materials; and
c) recommending to the City Council ways in which the City can make
the public aware of the people, places and events that represent the
history of Colleyville; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the City Council hereby directs the Historical Preservation
Committee to identify potential site(s), including city-owned and/or other
available properties, that may be used by the City for the purpose of
storage, rehabilitation and/or restoration of historical structures and other
historical items and provide recommendations to the City Council.
Sec. 2.
THAT the City Council hereby directs the City Manager or his designee
to work with the Historical Preservation Committee to coordinate the
identification of potential sites.
Resolution R-03-2197
Page 2 of 2
AND SO IT IS RESOLVED.
PASSED BY A VOTE OF ...s AYES, -'L.NAYS AND ~ABSTENTIONS ON THIS
THE rDAY OF c:l-uj.M.AL 2003.
Cynthia Singleton,
City Secretary
~~
MEMORANDUM
Office of City Manager
TO:
Mayor and City Council
cc: Historical Preservation Committee
Dianne McWethy, Deputy City Manager
Bill Lindley
Possible sites for locating historical structures
September 22,2003
FROM:
SUBJECT:
DATE:
In last weeks Fast Facts, I provided a copy of a letter from the Historical
Preservation Committee concerning the City providing a site for relocating
historical buildings. The Committee asked for 1.5 acres (preferably at the current
City Hall). Enclosed is a map showing all city owned properties. Also attached is
a schedule identifying the properties and its acreage. I will schedule this
discussion for the November 25, 2003 Pre City Council meeting for further
direction for staff to proceed.
C:ParksIHPC site request memo to Council
CITY OF COLLEYVlLLE
PROPERTY UST
OCTOBER 2003
::~m:~~~;:~;~}::;.:~~~l%;iY~.;~
ADDRESS
Overland Tr
COI '11e Blvd
000000 Limel1ck Ln
2505 Brood08k Wtrf
1503 HeathOfl'TlO18
2201 BJOadOllk W
McDonwell School Rd W
McDonwe:ll School Rd VII
McDonwell School Rd W
6612 CUrtil Rd
Pleasant Run Rd
312 McDonwell School Rd W
6606 Curtl& Rd
000000 Mid.atiee 6Ivd
Shelton Dr
Shelton Dr
Hall Johnson Rd
Hall Johnaon Rd
1601 Hall Johnson Rd
315 W L 0 Lockett Rd
W l 0 Lockett Rd
W L 0 Lockett Rd
5300 Blue Bonnet Dr
3130akValIe Dr
5201 Bransford Rd
5201 Riverwatk Dr
5201 BranBford Rd
5209 CoIIeyville Blvd
5209 Colleyvllle Blvd
Casa Wlk
'10MainSt
Glade Rd
5100 Colleyville Blvd
305 W Glade Rd
Mill Wood Dr
Mill Wood Or
Mill Wood Dr
Bedford Rd
Mill Valley Dr
Bedford Rd
Bedford Rd
W Greenbriar Ln
LAND
570,000
5501
523,520
51,004,600
51
52,739,053
5283,140
$466,395
$362,605
514,798
~,800
542,420
516,153
5222,160
5121,200
$8,400
5160,336
51,213,752
$1,057,984
580,237
534,300
5189,350
5817,000
5501
$882.450
5436,300
S662,760
$102,600
5257,672
597,912
5116,480
133,750
5121,400
$15.330
$42,350
$23,100
51,108,890
56,000
S1
$338,600
S2,600
$1
~.
IMPROVEMENTS
$0
$0
$0
$0
$0
50
50
50
50
50
SO
593,260
50
$0
55,062
$0
5206,480
$0
5206,468
S62,663
50
50
$1,025,751
$198,818
$0
50
5124,875
$48.400
$0
50
$0
50
525,000
552,970
$0
$0
50
$0
$0
50
50
50
":r'~g~:~~$:~1~~~.:t.~;!:~;~f.;;m#
TOTAL
S70,OOO
5501
523.520
51,004,600
51
52,739,053
$283,140
5486,395
5382,805
$14,796
5456,800
5135,700
518,153
5222,180
5126,262
$8,400
5388,616
51,213,752
$1,264,452
5142,900
534,300
5169,350
51,842,751
5197,319
5682,450
5436.300
5807,655
5151,200
$257,872
597,912
5118,480
533,750
5148,400
568,300
542,350
523,100
51,106,890
$6,000
51
5338,800
$2,600
51
515,nO.189
ACREAGE
0.99
0.64
0,15
11,27
0,81
7,59
5.01
10,76
8.47
0,20
9.97
1.17
0.53
1.01
1.67
011
0.60
3.30
3,09
4.57
0.60
5.92
7.95
2,55
19.72
4,43
9.84
2.49
0,16
0.29
0.34
0.24
0.17
1.39
2.41
1.28
42.37
0.20
0.20
6.19
0.52
1,94
165.61
Texas Parks & Recreation Fdn, 7201 Colleyvile Blvd $100 50.00 noo 2.78
PO Box 185, Colleyville, TX 0.68
Texas Parks & Recreation Fdn, 7201 COIleyvllle Blvd S653,400,OO 50.00 $653,400.00 5,37
PO Box 185, CoIleyville, TX
BRANSFORD LAND
TRUST
Bransford Park land Trust. Pleasant Run Rd 1376,040 SO $378,040 10.29
PO Box 165, COIl le,1X
Bransford Pari< Land Trult, Pleasant Run Rd $465,120 5141,688 $606,808 11.89
PO Box 185, caleyville, TX
Bransford Park Land TNst, 5109 Branitord Rd $450,000 S75,OOO S525,OOO 9,71
PO Box 165, COIleyvile, 1X
Bransford PatkJand n, 4516 CoIleyville Blvd 5731,476 50 5731,476 4.53
PO Box 165, Coli '11e,1X
Bransford ParI< Lend Trult, COlleyville Blvd $178,598 50 5176,596 097
PO Box 195, Colleyville, 1X
Bransford Par1di!lnd Trust, Bedford Rd $126,918 $0 $126,918 21.21
PO Box 185, Colleyvi"e, 1X
Bransford PlrI< Land Trust, 4517 COIIe".,"e Blvd $131,200 50 $131,200 0.71
PO Box 1 85, Coli .lIe, IX rDblf. 52,676,036 59,31
NOTE: Velu.. IS r TAD records
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MEMORANDUM
Office of City Manager
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Bill Lindley
Historical Preservation Committee (HPC) letter (10-9-03)
October 15, 2003
Attached is a letter by the HPC that I was able to see which I believe you already
have. An interesting idea is raised about securing land for us to locate historical
buildings. 'have asked staff to assemble a map and corresponding listing of all
properties owned by the City of Colleyville for your review. This will likely help
you in the consideration of the HPC's request for the City to provide 1.5 acres. I
anticipate having this assembled in the next several days.
The letter makes reference to hosting a number of historical pieces as a part of
the Celebrate Colleyville program. Several wee1<s ago, Nelson Thibodeaux
contacted me about this idea, Nelson mentioned that he had earlier that week
discussed the idea at the HPC meeting. I suspect the HPC letter is referring to
showcasing Mr. Fitzgerald's antiques. as suggested previously by Nelson.
You will recall in a previous City Manager's Fast Facts that staff is working on the
idea of hosting a temporary showing of the artifacts as a part of Celebrate
Colleyville, At staffs request. Nelson was able to arrange a meeting with the
Chairman of the HPC, Nelson and staff to meet with Mr. Fitzgerald last week to
review his collection. The purpose of the meeting was to discuss a willingness to
allow the materials to be showcased during Celebrate Colleyville. The meeting
was very informative and productive.
We are looking at showcasing for the one day during Celebrate Colleyville the
artifacts at the old Police Station. During the discussion with Mr. Fitzgerald, the
idea of having volunteers serve as guides was brought up. Staff is also working
with our insurance carrier to address coverage needs. I am not aware of any
discussions during the meeting with Mr. Fitzgerald that he was expecting
monetary compensation for the event. A staff concern though was our ability to
be able to move and return the items since we would already be busy with
Celebrate Colleyville.
At the October 14, 2003, HPC meeting, Nelson advised the members that a
donation has been secured from the local organization "CAN" to provide funding
for the moving of the items to and from the Old Police Station for Celebrate
Colleyville. The members voted to serve as volunteers during Celebrate
Colleyville for this venue.
Again, I think the points raised in the letter are workable and would add a unique
benefit to the community for hosting historical structures. Additionally, I will keep
you advised as we finalize the showcasing of some of Mr. Fitzgerald's antiques
as a part of Celebrate Colleyville this year. Citizens will find the collection
amazing and very informative in the way residents carried about their lives years
ago.
C:Parl<sIHistorlc81//ems Celebrllte CoIl8yville
October 9, 2003
Mayor and Members of City Council
City of Colleyville
P,O. Box 185
Colleyville, Texas 76034
Dear City Leaders:
Members of the Colleyville Historical Preservation Committee would like to express
our collective and individual thanks to you for approving and issuing City of Colleyville
Resolution R-03-2197. By this action, you have demonstrated to the citizens of Colleyville
that you believe that the preservation of our community's history is important and that
specific and deliberate actions should be taken to preserve evidence of our community's
history,
Based on your "marching orders" to the Historical Preservation Committee as
described in Section 1 of R-03-2197, we would like to present the following specific
recommendations:
1) That real estate in the size of 1.5 acres or more be immediately identified as
a location to where structures of historical significance can be moved to upon
short notice. This committee believes that a log structure from the late 19th
century will be donated to the city as soon as real estate is available for the
preservation of history purposes. We believe that other structures may
become available, at no cost except for moving fees, If the city is in a position
to accept them on short notice. Additionally, we are fearful that if the city is
not in a position to move quickly, that many of these historical structures may
be lost forever as property upon which these structures now set is
developed. This committee suggests that the first choice of such real estate
be of property that is already under control of the City Council. Considering
the educational nature of this endeavor, we believe a location reasonably
close to a school (or schools) and to other community facilities, such as
playgrounds. parks and the library would best serve our citizens. We are
aware of two such properties that would be ideal for this purpose, These
are:
(b)
Our first recommendation is a portion of the property at 5109
Bransford Road. We believe that this property is owned by the
Bransford Park Land Trust, with the members of the Colleyville City
Council being Trustees.
Our other recommendation is the "front lawn area" just east of the
present. but soon to be vacated, City Hall. We understand that this
property is now owned by the City of CoIleyville.
(a)
We urge you to make one of these sites available as soon as possible. This committee is
ready to pursue the actions necessary to acquire and relocate the 19th century log
structure as soon as the relocation site is available.
2) Our second recommendation involves historical artifacts other than
structures. This committee has long been aware that throughout the city
there are many historical artifacts that are owned by residents; however, we
have recently become aware of a very large collection of items that are
directly linked to the history of Colleyvllle and the immediate surrounding
area. These items were gathered and are maintained by a retired long time
Colleyville resident for his and his family enjoyment. This is his expensive
hobby upon which he spends untold hours each week. Most of these items
are fully functional, meaning they can now perform their original purpose,
and many are of museum quality. Members of this committee that have
seen this collection are very impressed with both the quantity and quality of
this historical collection. As individuals and as members of the Historical
Preservation Committee, we have coveted a way to allow all Colleyville
citizens to have access to the educational and enjoyable experience of
viewing these Items. Please consider the following:
(a) The police department has relocated to the new Justice Center.
(b) The old police station at Bransford Park is not currently being used.
(c) The "community-building" event of Celebrate Colleyvflle will be held
at Bransford Park a couple of months from now.
(d) If the City of Colleyville could arrange for the owner/curator of the
above mentioned collection to place an interesting historical exhibit in
the old police station, we feel that a .winfwln" situation may occur.
If this exhibit takes place, the attraction of Celebrate Colleyvllle will be greatly
enhan.ced. Further. c!tlzens of nearby communities and others throughout the Metroplex
may view Colleyvllle In a new light. Finally, Colleyville citizens will learn a lot about the
history of this area.
Some members of this commIttee are willing and available to pursue the possibility
of a temporary historical exhibit at the old police station if this space can be made available
and if either the City or the Celebrate Colleyvllle Organization can be made available and
if either the City or the Celebrate Colleyville Organization can provide some funds to
compensate the owner.
Please seriously consider these recommendations and take whatever action is
necessary to accomplish those recommendations you consider appropriate.
Also, note that the writing of this letter was discussed in the September 10, 2003
meeting of the Historical Preservation Committee on September 10, 2003 and that the
committee Chair has requested all members of the committee to provide input regarding
this letter.
Sincerely,
~ ~
~
Joe Deupree, Chairman
Colleyvllle Historical Preservation Committee
PRE-COUNCIL
cc~n", AGENDA BRIEFING
ll':.;<l';
MEETING DATE:
ITEM#:
01/06/04
PC-3
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW
Previous Action: None
DEPARTMENT: CITY COUNCIL
SUBJECT: Discussion of the January 6, 2004, City Council
regular agenda items
This item provides the opportunity for the City Council to discuss the regular City Council
agenda items.
CITY COUNCIL <C~'"
I(':'(~$
AGENDA BRIEFING
MEETING DATE: i
ITEM#: I
ORDINANCE # :
01106/04
1
0-04-1437
CITY MANAGER !
i
DEPARTMENT HEAD I
FINANCE REVIEW I
I
N/A
Previous Action: NONE
DEPARTMENT: CITY COUNCIL
SUBJECT: Executive Session - In accordance with Texas
Government Code Chapter 551, Subchapter D
EXECUTIVE SESSION - In accordance with Texas Government Code Chapter 551,
Subchapter D
Sec. 551.071 -
Consultation with Attorney on Legal Issues Raised by Public
Hearing on Action Items on the Agenda
Property Acquisition
Sec. 551.072-
CITY COUNCIL
ccell@ AGENDA BRIEFING
It'X"::;
MEETING DATE:
ITEM#:
RESOLUTION #:
01/06/04 CITY MANAGER
2 DEPARTMENT HEAD
N/A 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
PRESENTATIONS
PLAQUES -
In recognition of service on the Parks and Recreation Advisory Board -
Meg Davis, Jim Messina and Bill Mitchell
PLAQUES -
In recognition of service on the Colleyville Economic Development
Corporation Board - Janice Cole, Donna O'Brien and Gary Cantrell
PLAQUES -
In recognition of service on the SH26 Advisory Committee - Joyce
Hammill and Larry Midtbo
Presented to
MEG DAVIS
In Appreciation for
Dedication and Service
on the
Parks and Recreation Advisory Board
200 I -2003
Presented to
JIM MESSINA
In Appreciation for
Dedication and Service
on the
Parks and Recreation Advisory Board
2001-2003
Presented to
JANICE COLE
In Appreciation for
Dedication and Service
on the
Colleyville Economic Development Corporation Board
2001-2003
Presented to
DONNA O'BRIEN
In Appreciation for
Dedication and Service
on the
Colleyville Economic Development Corporation Board
2001-2003
Presented to
GARY CANTRELL
In Appreciation for '
Dedication and Service
on the
Colleyville Economic Development Corporation Board
1997-2003
Presented to
BILL MITCHELL
In Appreciation for
Dedication and Service
on the
Parks and Recreation Advisory Board
2001-2003
Presented to
JOYCE HAMMILL
In Appreciation for
Dedication and Service
on the
SH26 Advisory Committee
2002-2003
Presented to
LARRY MIDTBO
In Appreciation for
Dedication and Service
on the
SH26 Advisory Committee
2002-2003
RESOLUTION R-04-2290
A RESOLUTION APPROVING COUNCIL ACTION
UNDER CONSENT ITEMS AT THE REGULAR
COUNCIL MEETING OF JANUARY 6, 2004
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 December 16,
2003, are hereby approved.
b,
THAT the minutes of the City Council Worksession of December 10,2003,
are hereby approved.
c.
THAT the Local Historical Marker for the Eudaly Homesite at 710 Glade
Road, is hereby approved.
AND IT IS SO RESOLVED.
AYES,
DAY OF
NAYS AND
APPROVED BY A VOTE OF
ABSTENTIONS ON THIS THE
2004.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
MINUTES OF THE
COLLEYVILLE CITY COUNCIL MEETING
DECEMBER 16, 2003
The Pre Council meeting of the Colleyville City Council was called to order by Mayor
Hocutt on December 16, 2003, at 4:54 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, Fire Chief Mike Johnston, Firefighter Rob McKeon,
Firefighter Kenny Lamar, Firefighter Scott Wrisley, Firefighter
Johnny Collins, Police Chief John Young, Police Lieutenant Rodney
Cunningham, Community Development Coordinator Clayton
Husband, Public Works Director Keith Fisher, Human Resources
Director Kelly Cooper, Finance Director Terry Leake, Colleyville
Center Manager Lin Przybyl, Assistant to the City Manager Cindy
Martin and City Secretary Cynthia Singleton were also present.
PC-1. Discussion of the December 16, 2003, City Council regular agenda items
There being no further business, Mayor Hocutt declared the meeting adjourned at 5:00
p.m.
The regular meeting of the Colleyville City Council was called to order by Mayor Hocutt
on December 16, 2003, at 7:30 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 Manager Barry LeBaron,
Community Development Coordinator Clayton Husband, Human
Resources Director Kelly Cooper, Police Chief John Young, Parks
and Recreation Director Monica Walsh, CirculationfTechnical
Services Librarian Matt Denton, Assistant to the City Manager
Cindy Martin, City Attorney Ross Foster and City Secretary Cynthia
Singleton were also present.
CITY COUNCIL MINUTES
DECEMBER 16, 2003
1. EXECUTIVE SESSION - In accordance with Texas Government Code Chapter
551, Subchapter D
Sec. 551.072 -
Sec. 551.072
Consultation with Attorney on Legal Issues Raised by Public
Hearing or Action Items on the Agenda
Property Acquisition - 2508 Glade Road
Property Acquisition - 5318 Bransford Road
Sec. 551.071 -
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. He
further explained that there would be no decisions made or action taken during this
time. The meeting was recessed at 7:05 p.m. and reconvened at 7:35 p.m.
Mayor Hocutt announced that the Colleyville Fire Department Color Guard would
present the State and National flags.
The Colleyville Fire Department Color Guard presented the State and National flags.
The invocation was given by Dr. Gary Kindley of the First United Methodist Church and
Colleyville Police Officers John Retzos and Raymond Cannon led the Pledge of
Allegiance.
2. CORRESPONDENCE, MISCELLANEOUS REPORTS OF MEETINGS
ATTENDED BY THE COUNCIL AND CITY OFFICIALS, AND
ANNOUNCEMENTS, PROCLAMATIONS OR PRESENTATIONS
City Manager Bill Lindley recognized Deputy City Manager Dianne McWethy and Public
Works Director Keith Fisher for managing the City Hall and Colleyville Library project.
Mayor Hocutt presented a Proclamation to Dr. Kevin Singer, Grapevine Colleyville
Independent School District Superintendent and Dr. Marlin Stanberry, Colleyville
Heritage High School Principal in recognition of Grapevine High School and Colleyville
Heritage High School's Top Ten Ranking by 0 Magazine.
Dr. Singer and Dr. Stanberry expressed appreciation for the support of the community.
Mayor Hocutt and Council members presented a portrait of Dr. Lilburn Howard Colley to
the citizens.
Mayor Hocutt recognized former City officials, Frank Whitmire, Jim Moore, Nelson
Thibodeaux, Smokey Vanover and Mike Taylor for their service to the City.
2
CITY COUNCIL MINUTES
DECEMBER 16, 2003
CONSENT:
3. READING AND PUBLIC HEARING - Resolution R-03-2279 - Consent Items:
a. Approval of minutes of the regular City Council meeting of December 2,
2003
b. Approval of minutes of the City Council Worksession of December 1, 2003
c. Approval of the Final Plat of Villas del Mar, 4.04 acres located at the
northeast corner of Cheek Sparger Road and Steeplechase Drive, Case
P-03-034
Mayor Hocutt opened the public hearing and read Resolution R-03-2279 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-03-2279.
Mayor Pro Tem Tigue seconded the motion.
Ayes: Council persons 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 0-03-1432 -
Approval of a Zoning Change from CN and R20 to PUD-C with a Special Use
Permit for Alcoholic Beverage Sales on 2.17 acres located at the northeast
corner of Precinct Line Road and McDonwell School Road, Case Z-03-026
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1432.
Mr. Philip Casey, 5904 Birchill Road, Watauga, Texas, spoke in favor of the proposed
Ordinance.
Ms. Susan Friese, 6700 Curtis Road, spoke in opposition to the proposed Ordinance
and regarding alcohol sales, water run-off and traffic.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
3
CITY COUNCIL MINUTES
DECEMBER 16, 2003
Mr. Richard Myers, 32 Village Lane, applicant, was present to answer questions of the
Council.
Discussion ensued regarding types of development, landscaping, alcohol sales,
drainage, project completion date, intersection improvements and sidewalk
construction.
Discussion ensued regarding the development of the hike and bike trail adjacent to
Precinct Line Road.
Deputy City Manager Dianne McWethy provided an overview of the construction of the
regional plan system for hike and bike trails.
Mayor Pro Tem Tigue moved to table Ordinance 0-03-1432, with following
amendments to the proposed Ordinance: delete the words grocery store in 2.3.b and
each individual commercial lot in 2.7.a.
Councilman Dolan seconded the motion.
Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
5. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1433 - Approval
of an amendment to the Special Use Permit for Alcoholic Beverage Sales in
Town Center Colleyville Addition (Ordinance 0-03-1389) located at the southeast
corner of Hall Johnson Road and Colleyville Boulevard, Case Z-03-029
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1433.
Mr. Richard Myers, 300 Lloyd Circle, spoke in favor of the proposed Ordinance.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mr. Charles Hodges, 8235 Douglas Avenue Dallas, Texas, spoke regarding the
development of Gloria's Restaurant and was present to answer questions of the
Council.
Discussion ensued regarding information received from the Barbara Gordon Montessori
School regarding the sale of alcohol.
Mr, Hodges announced that Luke's Locker Room will be locating to Colleyville.
4
CITY COUNCIL MINUTES
DECEMBER 16, 2003
6. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1434 - Approval
of a Zoning Change from CC2 to CPO on 2.67 acres located at the northeast
corner of Heritage Avenue and Gateway Drive, Case Z-03-027
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1434.
Ms. Jennifer Limosnero, 5110 Heritage Avenue, applicant, was present to answer
questions of the Council.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
7. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1435 - Approval
of an amendment to the PUD-C for the Village at Colleyville (Ordinance 0-02-
1337.4) to allow a drive-through business on Lot 3 located at 23 Main Street,
Case Z-03-028
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1435.
Mr. Richard Myers, 300 Lloyd Circle, developer, spoke regarding the quality of the
project and was present to answer questions of the Council.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mr. James Gilbert, 2920 Matterhorn Drive, Bedford, applicant, spoke regarding the use
and size of the building, parking and alcohol sales.
Councilman Skinner requested that Section 1 B be amended as follows: drive through
commercial uses shall be limited to the sale of non-alcoholic beverages.
8. FIRST READING AND PUBLIC HEARING - Ordinance 0-03-1436 - Approval
to place restrictions on the use and operation of motor assisted scooters by
prohibiting the operation of motor assisted scooters on streets, highways, paths
and alleys
Mayor Hocutt opened the public hearing and read the caption of Ordinance 0-03-1436.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
5
CITY COUNCIL MINUTES
DECEMBER 16, 2003
Mayor Pro Tem Tigue suggested removing the word "exclusive" in Section 2a1 of the
proposed Ordinance.
9. READING AND PUBLIC HEARING - Resolution R-03-2280 - Consideration of
appointments to the Parks and Recreation Advisory Board
Mayor Hocutt opened the public hearing and read Resolution R-03-2280 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mayor Hocutt opened floor for nominations for Place 2.
Mayor Hocutt nominated Connie Hampton.
There were no other nominations and Mayor Hocutt declared Connie Hampton
appointed to Parks and Recreation Advisory Board, Place 2, by acclamation.
Mayor Hocutt opened the floor for nominations for Place 4.
Mayor Hocutt nominated Jim Messina.
Councilman Dolan nominated Gil Turner.
There were no other nominations and Mayor Hocutt called for the vote.
Jim Messina:
Gil Turner:
Councilman Skinner and Mayor Pro Tem Tigue
Council Dolan, Hendler and Ayers
Mayor Hocutt declared Gil Turner appointed to Parks and Recreation Advisory Board,
Place 4.
Mayor Hocutt opened the floor for nominations for Place 6.
Councilman Hendler nominated Bob Leininger.
There were no other nominations and Mayor Hocutt declared Bob Leininger appointed
to the Parks and Recreation Advisory Board, Place 6, by acclamation.
Mayor Hocutt opened the floor for nominations for Place 8
Mayor Hocutt nominated Jim Messina.
Councilman Ayers nominated Pete Riis.
6
CITY COUNCIL MINUTES
DECEMBER 16, 2003
There were no other nominations and Mayor Hocutt called for the vote.
Jim Messina:
Pete Riis:
Councilman Skinner and Mayor Pro Tem Tigue
Council persons Ayers, Dolan and Hendler
Mayor Hocutt declared Pete Riis appointed to Parks and Recreation Advisory Board,
Place 8.
Councilman Ayers moved to approve Resolution R-03-2280.
Councilman Hendler seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
10. READING AND PUBLIC HEARING - Resolution R-03-2281 - Consideration of
appointments to the SH26 Advisory Committee
Mayor Hocutt opened the public hearing and read Resolution R-03-2281 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mayor Hocutt opened floor for nominations for the first position.
Councilman Skinner nominated Dee McNosky.
There were no other nominations and Mayor Hocutt declared Dee McNosky appointed
to the SH26 Advisory Committee by acclamation.
Mayor Hocutt opened the floor for nominations for the second position.
Councilman Dolan nominated Joe Allen,
There were no other nominations and Mayor Hocutt declared Joe Allen appointed to the
SH26 Advisory Committee by acclamation.
Mayor Hocutt opened the floor for nominations for the third position.
Councilman Hendler nominated Curtis Young
Councilman Ayers nominated Larry Midtbo.
7
CITY COUNCIL MINUTES
DECEMBER 16, 2003
There were no other nominations and Mayor Hocutt called for the vote.
Curtis Young:
Larry Midtbo:
Councilpersons Skinner, Dolan, Hendler and Mayor Pro Tem Tigue
Councilman Ayers
Mayor Hocutt declared Curtis Young appointed to the SH26 Advisory Committee.
Mayor Hocutt opened the floor for nominations for the fourth position.
Councilman Ayers nominated Chris Strittmatter.
Mayor Pro Tem Tigue nominated Larry Midtbo.
Chris Strittmatter: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro
Tem Tigue
Larry Midtbo: None
Mayor Hocutt declared Chris Strittmatter appointed to the SH26 Advisory Committee.
Mayor Hocutt opened the floor for nominations for the fifth position.
Mayor Pro Tem Tigue nominated Larry Midtbo.
Councilman Skinner nominated John Gober.
There were no other nominations and Mayor Hocutt called for the vote.
Larry Midtbo:
John Gober:
Mayor Pro Tem Tigue
Councilpersons Skinner Dolan, Hendler and Ayers
Mayor Hocutt declared John Gober appointed to the SH26 Advisory Committee.
Councilman Skinner moved to approve Resolution R-03-2281.
Councilman Hendler seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
11. READING AND PUBLIC HEARING - Resolution R-03-2282 - Consideration of
appointments to the Colleyville Economic Development Corporation Board
Mayor Hocutt opened the public hearing and read Resolution R-03-2282 in its entirety.
8
CITY COUNCIL MINUTES
DECEMBER 16, 2003
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mayor Hocutt opened floor for nominations for the first position.
Mayor Hocutt nominated John Gray.
There were no other nominations and Mayor Hocutt declared John Gray appointed to
Colleyville Economic Development Corporation Board by acclamation.
Mayor Hocutt opened the floor for nominations for the second position.
Mayor Hocutt nominated Lee Skaalrud.
There were no other nominations and Mayor Hocutt declared Lee Skaalrud appointed to
the Colleyville Economic Development Corporation Board by acclamation.
Mayor Hocutt opened the floor for nominations for the third position.
Councilman Ayers nominated John Terhoeve.
There were no other nominations and Mayor Hocutt declared John Terhoeve appointed
to the Colleyville Economic Development Corporation Board by acclamation.
Councilman Ayers moved to approve Resolution R-03-2282.
Councilman Skinner seconded the motion.
Ayes: Council persons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
12. READING AND PUBLIC HEARING - Resolution R-03-2283 - To override the
Mayor's veto of Resolution R-03-2276, appointing members to the Planning and
Zoning Commission
Mayor Pro Tem Tigue expressed appreciation to applicants and encouraged citizens to
apply for positions on the boards, committees and commissions.
Councilman Skinner encouraged citizens to continue to apply for positions.
9
CITY COUNCIL MINUTES
DECEMBER 16, 2003
Councilman Hendler announced that Richard Newton, Janice Cole and Donna O'Brien
withdrew their applications for positions on the Colleyville Economic Development
Corporation.
Mayor Hocutt opened the public hearing and read Resolution R-03-2283 in its entirety.
Mr. David Fink, 6400 Ponderosa Lane, spoke in favor of the proposed Resolution and
regarding comments made by the Mayor at the December 10, 2003 Council
Worksession.
Mr. Rich Munson, 1905 Hall Johnson Road, spoke in opposition to the proposed
Resolution and in support of the Mayor.
Mr. Steven Knight, 3917 Felps Court, spoke in support of the Mayor.
Mr. Joe Tigue, 4415 Meandering Way, spoke in opposition to the proposed Resolution
and in support of the Mayor.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Councilman Hendler moved to table Resolution R-03-2283.
Councilman Dolan seconded the motion.
Discussion ensued regarding reasons for tabling the proposed Resolution.
Ayes: Councilpersons Dolan, Hendler, Ayers, Skinner and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion approved.
13. READING AND PUBLIC HEARING - Resolution R-03-2284 - Consideration of
appointments to the Planning and Zoning Commission
Mayor Hocutt opened the public hearing and read Resolution R-03-2284 in its entirety.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mayor Pro Tem Tigue moved to table Resolution R-03-2284.
Councilman Ayers seconded the motion.
10
CITY COUNCIL MINUTES
DECEMBER 16, 2003
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion approved.
14. READING AND PUBLIC HEARING - Resolution R-03-2285 - Approval of a
waiver of perimeter street improvement requirements for 2.17 acres located at
the northeast corner of Precinct Line Road and McDonwell School Road
Mayor Hocutt opened the public hearing and read Resolution R-03-2285 in its entirety.
Ms. Suzan Friese, 6700 Curtis Road, spoke regarding landscaping, sidewalks and
widening of roads.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Councilman Skinner moved to deny Resolution R-03-2285.
Councilman Dolan seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion denied.
15. READING AND PUBLIC HEARING - Resolution R-03-2286 - Approval of the
Final Plat of Whittier Heights, Phase II, 4.128 acres located on the north side of
McDonwell School Road in the 400 block, Case P-03-018
Mayor Hocutt opened the public hearing and read Resolution R-03-2286 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Discussion ensued regarding the development of the sidewalks and trails.
Mayor Pro Tem Tigue moved to approve Resolution R-03-2286.
Councilman Skinner seconded the motion.
11
CITY COUNCIL MINUTES
DECEMBER 16, 2003
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion carried.
16. READING AND PUBLIC HEARING - Resolution R-03-2287 - 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
Mayor Hocutt opened the public hearing and read Resolution R-03-2287 in its entirety.
Ms. Carol Parker, 105 and 103 West John McCain Road, spoke in opposition to the
proposed Resolution and regarding the issuance of permits, street alignment, driveway
construction, 30 foot easement, intersection alignment, drainage and environmental
concerns.
Ms. Roxanne Jones, 104 John McCain Road, spoke regarding the 75 foot right-of -way.
Ms. Beth Battles, 101 John McCain Road, spoke regarding the future right-of-way.
Mr. Grady Walker, 7309 John McCain Road, spoke in favor of the proposed Resolution.
There were no others present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
City Manager Bill Lindley stated that he has not made any presentation to nor attended
any Planning and Zoning Commission meeting regarding this item.
Mayor Pro Tem Tigue requested that two streets be renamed.
Mr. David Bagwell, 8222 Douglas Avenue, Dallas, Texas, spoke regarding street name
changes.
Discussion ensued regarding the Niedoldt Addition easement.
Councilman Skinner moved to approve Resolution R-03-2287.
Councilman Dolan seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
12
CITY COUNCIL MINUTES
DECEMBER 16, 2003
Mayor Hocutt declared the motion carried.
17. READING AND PUBLIC HEARING - Resolution R-03-2288 - Approval of a
reallocation of FY2003-04 budgeted health insurance savings for the City of
Colleyville compensation program
Mayor Hocutt opened the public hearing and read Resolution R-03-2288 in its entirety.
There was no one present wishing to speak concerning this item and Mayor Hocutt
closed the public hearing.
Mayor Pro Tem Tigue moved to approve Resolution R-03-2288, Option A, which
provides a 2% one time employee compensation increase.
Councilman Ayers seconded the motion.
Ayes: Councilpersons Skinner, Dolan, Hendler, Ayers and Mayor Pro Tem Tigue
Nays: None
Mayor Hocutt declared the motion approved.
STAFF REPORTS:
18. a. MONTHLY FINANCIAL REPORT
b. DISCUSSION OF A DATE FOR THE COLLEYVILLE CITY HALL AND
COLLEYVILLE PUBLIC LIBRARY OPEN HOUSE
c. UPDATE OF SENIOR PROPERTY TAX FREEZE
d. DISCUSSION OF QUARTERLY INVESTMENT REPORT
e. DISCUSSION OF SELECTING DATES FOR A CAPITAL IMPROVEMENT
PROGRAM (CIP) WORKSESSION, A JOINT CITY COUNCIL AND
ECONOMIC DEVELOPMENT TASK FORCE COMMITTEE WORKSESSION
AND A JOINT CITY COUNCIL AND SH26 ADVISORY COMMITTEE
WORKSESSION
f. DISCUSSION OF THE DRAFT CITY COUNCIL SOLICITATION AND
DONATION POLICY
Finance Director Terry Leake answered questions of the Council regarding the Monthly
Financial Report.
Council requested that an item be placed on the January 6, 2004, agenda regarding a
property tax freeze for over-65 and disabled citizens.
13
CITY COUNCIL MINUTES
DECEMBER 16, 2003
Councilman Hendler requested that the Council Donation and Solicitation form include
designations for voluntary contributions and single or multi-year payments including
amount of payment and terms.
Council scheduled a Capital Improvement Project Worksession on January 8, a Joint
City Council and Economic Development Task Force Worksession on January 21 and a
Joint City Council and SH26 Advisory Committee Worksession on January 28.
Finance Director Terry Leake provided an overview of investments. There was general
discussion regarding the Quarterly Investment report.
Council scheduled the City Hall and Library building dedication to be held on January
23, 2003.
City Manager Bill Lindley reported that Quarterly Investment Reports will be provided
during Pre Council meetings.
CITIZEN COMMENTS:
19. CITIZEN COMMENTSIPRESENTATIONS REGARDING ITEMS NOT ON THE
AGENDA
Mr. David Fink, 6400 Ponderosa, spoke regarding the installation of a drinking fountain
on the third floor and regarding street impact fees.
Mr. Mike Taylor, 5016 Chelsea Avenue, spoke regarding the new City Hall and Library,
the care of the buildings and the construction of a central fire station.
Mr. Grady Walker, 7309 John McCain Road, spoke regarding the development of
Precinct Line Road and McDonwell Road and traffic flow.
City Manager Bill Lindley expressed appreciation to Mr. Grady Walker for volunteering
to install software in staff computers.
ACTION/RESOLUTION:
20. DISCUSSION AND CONSIDERATION OF A RESOLUTION RATIFYING
COUNCIL AGENDA ACTION FOR THE MEETING OF DECEMBER 16, 2003 -
Reading and Public Hearing - Resolution R-03-2289
This resolution was not needed.
14
CITY COUNCIL MINUTES
DECEMBER 16,2003
ADJOURNMENT:
21. 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 10:30 p.m.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2004, BY A VOTE OF
ABSTENTIONS.
Minutes taken and prepared by:
Cynthia Singleton, TRMC
City Secretary
15
MINUTES OF THE
COLLEYVILLE CITY COUNCIL
WORKSESSION
DECEMBER 10, 2003
The Worksession of the Colleyville City Council was called to order by Mayor
Hocutt on December 10, 2003, at 5:10 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 and City
Secretary Cynthia Singleton were also present.
I. Discussion of the Planning and Zoning Commission appointments
There was general discussion regarding the Planning and Zoning Commission
appointments, reopening the application period, City Charter provisions for
Planning and Zoning Commission appointments, obtaining State Attorney
General opinions, appointments based on Place and options for making future
appointments to the Planning and Zoning Commission.
II. Adjournment
Mayor Hocutt adjourned the meeting at 6:30 p.m.
APPROVED THIS
VOTE OF AYES,
DAY OF
NAYS AND
2004, BY A
ABSTENTIONS.
Minutes taken and prepared by:
Cynthia Singleton, TRMC
City Secretary
CITY COUNCIL ~'" AGENDA BRIEFING
lex"$.
ITEM#:
RESOLUTION # :
3c
R-04-2290
DEPARTMENT HEAD
FINANCE REVIEW
MEETING DATE: ! 01/06/04 CITY MANAGER i
Previous Action:
DEPARTMENT: CITY MANAGER'S OFFICE
SUBJECT: Approval of Eudaly Homesite at 710 Glade Road
local historical marker application - by Consent
Reading and Public Hearing
In September 2000, the City Council approved the City of Colleyville Local Historical Marker
Program. Historical Preservation Committee members continue to consider various historical
marker applications to designate people and/or areas, including buildings and locations, of
historical significance to the City of Colleyville.
Historical Preservation Committee member Brenda Miller presented an application to the
Historical Preservation Committee for consideration. On December 9, 2003, the Historical
Preservation Committee unanimously approved this application for recommendation to the City
Council. (See attached).
Financial Impact
Funds for the Local Historical Markers in the amount of $5,000 were approved for this
program. Upon approval, staff will prepare camera-ready artwork and order approved marker,
Recommendation
Approval
Attachments
. Local Historical Marker Criteria
. Eudaly Homesite Local Historical Marker Application
To:
Potential Applicants
From:
Colleyville Historical Preservation Committee
The Colleyville Historical Preservation Committee is eager to receive
applications from owners of property that may be eligible for a Colleyville
Historical Marker. Our goal is to place markers at all eligible sites.
The application form requests information about the historic resource or site to
be marked. We realize that all these details may not be available. We
encourage you to complete the application as completely as possible. Sources
of information are listed in the instructions. If you need any assistance, we
have committee members who would be happy to help you. To request
assistance, please contact the Assistant City Manager at 817-577-7575 or by
visiting the city's website (www.colleyville.com).
The Colleyville Historical Marker Program
Recognition by a Colleyville Historical marker is a City of Colleyville historical
marker program to recognize subjects and resources important to the history of
Colleyville. The Colleyville Historical Marker is not a substitute in Colleyville
for either a Texas Historical Marker or for being listed on the National Register
of Historic Places. The Texas marker program and the Federal marker program
each have their own requirements, but operate in parallel with similar criteria.
A local marker program is a third parallel with similar criteria to ensure the
worthiness of the subject, but which enables acknowledgement of subjects or
resources not of state or national significance, but important to the local
community.
The marker application will be reviewed by the Colleyville Historical
Preservation Committee for completeness, compliance with the criteria,
significance and worthiness of recognition. If recommended by that committee,
the application will be submitted to the City Council for approval.
There are a variety of types of historical markers recognized by the
Colleyville Historical Preservation committee. The Colleyville Historical Marker
for a subject recognizes a variety of topics, including events, persons,
organizations, and locations of early sites.
The Colleyville Historic Landmark marker recognizes a building which has its
architectural integrity intact, an object of historical importance, or geographical
site,
The identifying inscription on the marker for a subject will read COLLEYVlLLE
HISTORICAL MARKER SITE, The identifying inscription on the landmark
marker will read COLLEYVILLE HISTORIC LANDMARK.
Destruction or changes to a Colleyville Historic Landmark shall not be made
without prior notification to the Colleyville City Council and public notice,
followed by a minimum 30 day delay of action by the owner.
Two basic criteria govern the approval of any subject or resource for a
Colleyville historical marker: (1) age and (2) historical significance. A third,
architectural integrity, applies for Landmark designations of a building.
Age:
· All topics must be at least 50 years of age.
· A historic person must have been deceased for at least 20 years.
· A person's name may not be used on a marker unless that person has been
deceased for at least 20 years.
Historical Significance:
. Historical significance is determined by a combination of age and the
importance of the subject in the history of the community.
. A building must retain its architectural integrity_
Guidelines for Completing the Application
To determine significance to the community a research paper must be
submitted to prove that the proposed topic is worthy of marking. It must be
complete, orderly, concise and documented with footnotes and bibliography.
Good research is essential to a comprehensive narrative. Find out all you can
about the subject, using primary documents when they exist. When writing
the narrative, start at the beginning and tell the story of your topic in
chronological order. Submit copies of primary documents when possible.
Submit the narrative history on 8 1/2 by 11 white paper, double-spaced, using
one side of the paper. Do not bind.
Submit a map marked with the proposed location for installation of the marker.
Also mark the site of the subject if appropriate.
Submit a photograph of the location proposed for the marker.
Examples of Subjects
1. Historical event uncommon to everyday activities.
2. Cultural facet which influenced the community.
3. Person or persons who significantly contributed to the heritage of the
community. The person must be judged eligible on his/her own merits, not
on association with another person.
4. Site of an early community now within Colleyville.
5. Site of an early business, which was important to the life and culture of the
community, such as a dairy, plant nursery, or ranch.
6. Site of early schools, such as a pioneer school or common school.
7. Site of early churches.
8. A subject which played a roll in the community, and made a difference in
the community.
Determining Significance
As an aid to determine a subject's significance to Colleyville, answer the
following questions:
1. Was the role of the subject in local history significant beyond that of others?
2. How was an event different from the routine and daily events of the
community?
3. Why was a person important beyond the importance of other people in the
community? (a person may not be marked simply by being a pioneer of the
community, but must have some special significance beyond that of other
pioneers)
4. Did the subject affect the cultural characteristics of the community? Was it
in an outstanding example of a definitive culture within the community?
For a Historic Landmark the following questions must be considered and
additional information provided if a building:
1. Is it an important example, worthy of preservation?
2. Is the architectural integrity intact?
3. Name of the original owner. Progression of owners.
4. Legal description of location, copies of deeds.
5. Architect or builder.
6. Did it serve a special purpose? What influenced the design?
7. Describe materials and construction techniques used.
8. Submit a historic photograph if available, and a current black and white
photograph from the same view.
9. Submit black and white photographs of all sides, taken from the corners to
include two sides.
10. Submit a drawing of the floor plan. This does not have to be a
professionally drawn plan.
For submission of an application for a Texas Historical Marker contact the
Tarrant County Historical Commission as all Texas markers must first have
approval of that Commission. For submission of an application for placement
on the National Register of Historic Places, the application is made to the
National Register officer at the Texas Historical Commission office. For
submission of an application for a Colleyville Historical Marker contact the
Colleyville Assistant Manager.
Dianne McWethy
Colleyville Assistant City Manager
P.O. Box 185
Colleyville, TX 76034
Phone: 817-577-7575
Tarrant County Historical Commission
County Administration Building
100 East Wetherford
Fort Worth, TX 76196
Phone: 817-884-3272
National Register Department
Texas Historical Commission
P.O. Box 12276
Austin, TX 78711
Phone: 512-463-6100
Glossary of Terms
Historic Resource--a district, site, building, structure or object significant in
history, architecture, archaeology, or culture.
Structure--a work made up of interdependent and interrelated parts in a
definite pattern or organization. Constructed by man, it is often an engineering
project large in scale.
Building--a structure created to shelter any form of human activity, such as a
house, barn, church, hotel or similar structure. Buildings may refer to a
historically related complex, such as a group of related barns or work places.
Object--a material thing of functional, aesthetic, cultural, historical, or
scientific value that may be, by nature or design, movable yet related to a
specific setting or environment.
Site--the location of a significant event, a prehistoric or historic occupation or
activity, or a building or structure, whether standing, ruined or vanished where
the location itself maintains a historical or archaeological value regardless of
the value of any existing structures.
Geographical site--a mountain, hill, lake, or other natural site significant to the
area. A natural site that has been affected by man such as tracks of an old
wagon road.
Architectural integrity--the building or structure has retained its original
historic building materials and appearance.
Criteria--requirements to be met for designation.
Historic--something which is itself a part of history.
Historical--something which studies or relates to history.
(a historical committee studies history, it not itself historic. A house or site is
historic. The marker that recognizes it is historical, as it is not itself historic.)
COLLEYVILLE HISTORICAL MARKER
APPLICATION FORM
1. Subject of Marker: 'S I fc. D{ h 01)1<.. i' ( tel''' ':>-t 'l-.h'L() '<x-"J.. FIO~t'<'e.z. cw{t<.lt
C,stf'il~"r d CcII"1",II<(. ((CIA F\),^"'&<.<r c\ ('",I_el",II. (~,n&..:~ Clu\"J
2. Marker Location
Street Address: '1 '0 G Ie, a e.
Legal (Abstract Name and Number):
3. Designate type of marker requested:
1. Colleyville Historical Marker (for a subject):
~ Colleyville Historic Landmark (for a building, object, or geographicallandmarkJ, for which
protection is encouraged:
4. Permission for placement of a marker must be given by the owner of the property on which
the marker will be placed. Provide the name of a contact person if the owner is an institution,
organization, business, or public entity.
Owner's name:
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FORMER HOME OF FIRST MAYOR OF COLLEYVILLE
Ernest R. "Hico" Eudaly and Florence Gleason Eudaly bought this 100 acre farm in 1948
when Colleyville was an unincorporated hamlet. Mr. Eudaly became Colleyville's first
mayor in 1956 and served 11 years as chief executive, retiring in 1967 at the age of79.
One of the city's oldest clubs, the Colleyville Garden Club can attribute its roots to
Florence Gleason Eudaly who organized the group in 1961, holding meetings here.
Mayor Eudaly (b. 1888 d.1976) graduated from Texas A&M in 1910 and received his
Master's degree from Auburn University. Mrs. Eudaly, (b.1888 d.1989) graduated from
the College ofIndustria1 Arts (Texas Woman's University) in 1908. They were married
in 1913.
Following a career as Acting Director of Texas A&M Extension Services and
Agricultural Specialist for Universal Mills of Fort Worth, E.R. and Florence moved to
this farm around the intersection of Glade Road and today's Hwy 26. Upon being elected
Mayor with a count of 77 votes, he and the Aldermen conducted council meetings in the
living room of the Eudaly house. Mr. Eudaly donated land for the first public building
(the Fire Hall) where council meetings were subsequently held.
Although Mr. Eudaly died in 1976, Mrs. Eudaly continued to live in the home on two
acres here with her daughter Barbara Eudaly Redding. She achieved the celebration of
her 100th birthday with -July 26, 1988 being declared "Florence Eudaly Day in
Colleyville." She died in 1989 at 101 years.
Reference note:
These dates are validated by Susan Green, granddaughter, October 1, 2003
Historic information from "Colleyville 1855-1956," Book Committee ofColleyville
Sesquicentennial Coordinating Committee, 1986.
Historic information from article in Grapevine Sun, vol. 93, No. 71 on Florence Eudaly
Day in Colleyville, July 26, 1988.
09/11/2003 09:14
8175777555
PAGE 08
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'CITY COUNCIL
<C~'" AGENDA BRIEFING
T('x<I$
MEETING DATE: i 01/06/04 CITY MANAGER i ~
ITEM # : 1 4 DEPARTMENT HEAD 1-:Jc.M-
ORDINANCE #: I 0-03-1433 FINANCE REVIEW I N.A.
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of an amendment to the Special Use
Permit for alcoholic beverage sales in Town Center
Colleyville Addition (0-03-1389), located at the
southeast corner of Hall Johnson Road and
Colleyville Boulevard, Case Z-03-029
Previous Action: 12/16/03
Second Reading and Public Hearing
First Reading and Public Hearing
Backqround
Melvin & Martindale, Ltd., is the owner of the Town Center Colleyville Shopping Center,
located at the southeast corner of Hall Johnson Road and Colleyville Boulevard. In February
2003, the City Council approved a Special Use Permit for alcoholic beverage sales on the
property, The Special Use Permit contains a condition that prohibits the sale of alcoholic
beverages on a portion of the property due to the proximity of the Barbara Gordon Montessori
School, which is located east of the Town Center.
The owners have finalized a lease with Gloria's Restaurant, a Mexican food restaurant, which
would be located in a lease space affected by the condition. The owners have submitted a
zoning request to amend the Special Use Permit to allow the sale of alcoholic beverages for
on-premise consumption for this restaurant site. The lease space is located on the north end
of the building anchored by Market Street.
The proposed amendment to the Special Use Permit would delete the following language from
the ordinance:
The sale of alcoholic beverages shall be prohibited within the area located within
300 feet of the Barbara Gordon Montessori School, as described in Exhibit "B".
According to the Colleyville City Code, the sale of alcoholic beverages within 300 feet of
private school property is prohibited when the private school has more than 100 students
enrolled in grades kindergarten through twelve. The Barbara Gordon Montessori School has
over 100 students enrolled in these grade levels. If the enrollment of the Montessori school
drops below 100 students, then the law would not apply to the property. The proposed
amendment will remove the duplication of this language in the Special Use Permit and the City
Code.
Agenda Briefing
Ordinance 0-03-1433
Page 2 of 3
If the amendment is approved, the City Council may consider allowing a variance from the City
Code for the restaurant site. According to the Code, the City Council may allow a variance
from this requirement if it determines that "the enforcement of the regulation in a particular
instance is not in the best interests of the public, constitutes waste or inefficient use of land or
other resources, creates an undue hardship on the applicant for a license or permit, does not
serve its intended purpose, or is not effective or necessary, or for any other reason the City
Council determines, after consideration of the health, safety and welfare of the public and the
equities of the situation, that the variance is in the best interest of the community."
The proposed amendment is the first part of a two-part process for this request. The first part,
and the issue that the Planning and Zoning Commission is considering, is whether to remove
the special condition from the Special Use Permit. This condition was added by the City
Council as part of the approval of the ordinance. The second part is the variance from the
alcoholic beverage regulations. The Council is the only body that can allow a variance from
the City Code for this property.
Impact Issues
1. Master Plan. The Colleyville Master Plan designates the future use of this area for
commercial type land uses. This request is consistent with the goals and objectives of the
Master Plan.
2. Surrounding Properties. The surrounding properties are generally developed as
commercial and institutional uses. There is a single family development located east of the
site across Riverwalk Drive (Kingswood Estates). The Bluebonnet Hills cemetery is located
north of the site across Hall Johnson Road.
3, Development Trends. The area is experiencing significant development of commercial
projects. Several new businesses have opened in the Town Center this year, including Lee
Lighting and Market Street. Lifetime Fitness, a 110,000 square foot fitness center, will start
construction on the south side of Church Street this year.
4, Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-
way and the interior of the development. The developer is responsible for the extension of
utilities to the lots if necessary.
5. Property Taxes. According to information available from the Tarrant Appraisal District, the
parcels making up the Town Center are valued at $12,805,955. The estimated City
property tax revenue for the real property is $44,488 annually. The future property tax
revenue would depend upon the value of the building improvements to the property,
6, Economic Deve/opment. The sale of alcoholic beverages by local restaurants has a
positive impact on economic development through the distribution of taxes collected on
mixed beverage sales. There are twelve restaurants in Colleyville that pay mixed beverage
taxes to the State, which in turn distributes a portion of the tax collected to the city in which
the business is located. The Mixed Beverage Allocation Historica/ Summary for Colleyville,
Agenda Briefing
Ordinance 0-03-1433
Page 3 of 3
available from the Texas Comptroller of Public Accounts, indicates that $33,121 in mixed
beverage taxes were distributed to the City in 2003. Previous year distributions were
$29,599 in 2002, $26,909 in 2001, and $20,204 in 2000. Sales tax is collected on beer and
wine sales at grocery stores and convenience stores.
7. Public Notification. Staff mailed notices to 57 adjacent property owners regarding this
request. Notices were mailed to the property owners within 500 feet of the property,
Complimentary notices were also mailed to the Hidden Oaks and Kingswood Estates
Homeowners Associations. Notice was published in the Fort Worth Star- Te/egram as
required by state law and the Land Development Code, One letter in support of the
amendment has been received and is attached,
The Planning and Zoning Commission conducted a public hearing and considered this request
at the December 8, 2003 meeting. The Commission recommended approval by a unanimous
vote,
Recommendation
Approval
Attachments
· Location map
· Information from applicant
. List of Property Owners Notified
· Correspondence
. Ordinance 0-03-1389
· City Code: Alcoholic Beverage Regulations
· Ordinance 0-03-1433
Location Map
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Melvin & Martindale, Ltd.
8235 Douglas Avenue, Suite 950
Dallas, Texas 75225
(214<) 360-1714<, Fax (214<) 360-1716
November 11 , 2003
Planning and Zoning Commission
City of Colleyville
5400 Bransford Road
Colleyville, TX 76034
Ladies and Gentlemen:
Enclosed please find the application for the proposed amendment to the SUP for Town Center
COlleyville. We have finalized our lease agreement with Gloria's Restaurant for the north end-
cap of Building J and the amendment is necessary to permit the restaurant to sell alcoholic
beverages for on-premise consumption, which is an integral part of their business.
This quality, full service, Mexican food restaurant compliments our tenant mix and will be a real
asset to the community. The subject location within our development is ideal for the restaurant
due to its prominence, its field of parking, its separation from Market Street, its multiple access
points, etc, Gloria's will no doubt greatly energize the northern sector of our shopping center.
We appreciate your consideration and look forward to answering any questions you might have
concerning this request.
Very truly yours,
MELVIN & MARTINDALE, LTD.
CI'Cllle~ M. I lodges
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Bluebonnet Hills Memorial Park
Attn: Debbie Lee Munch
P.O, Box 11250
New Orleans, LA 70181
Barbara Gordon Montessori School
1513 Hall Johnson Road
Colleyville, Texas 76034
Complementary Copy To:
Kingswood Estate HOA
Clo Kirk Stites, President
P.O. Box 978
Colleyville, Texas 76034
Melvin & Marindale, Ltd.
8235 Douglas Ave., Ste 950
Dallas, TX 75225
Barnard Partners Ltd. XII
210 W. 6th St., Ste 302
Fort Worth, TX 76102
J T Corley
7310 Dominique Drive
Dallas, TX 75214
Eagle-Colleyville Towne Square
Two Lincoln Centre
5420 LBJ Freeway, Ste 1280
Dallas, TX 75240
Robert Farrell
Melvin & Martindale, Ltd,
8235 Douglas Ave., Suite 950
Dallas, TX 75225
Colleyville Boulevard LLC
2574 74th Street, Suite 210
Lubbock, TX 79423
Cambridge Homes, Inc
2828 Trinity Mills #300
Carrollton, TX 75006
Afrim & Ruzdi Bojku
3408 Glade Creek Drive
Hurst, TX 76054
Ervin Matton
1500 Kingswood Lane
Colleyville, Texas 76034
City of Colleyville
The Bridges at Riverwalk, Ltd.
3401 Amherst Circle, Apt. 127
Bedford, TX 76021
DFW Tile, Inc.
5311 Colleyville Blvd.
Colleyville, Texas 76034
First Baptist Church Colleyville
5405 Pleasant Run Road
Colleyville, Texas 76034
Wyndham Investment Prop ET AL
751 E, Southlake Blvd, Ste 130
Southlake, TX 76092
Cathy McFalls
5131 San Gabriel Avenue
Colleyville, TX 76034
Fred Lee
PO Box 1598
Duluth, GA 30096
Ervin Matton
1500 Kingswood Lane
Colleyville, TX 76034
United States Postal Serive
475 Lenfant Plaza SW
Washington, DC 20260
M T Properties Inc,
5137 Davis Blvd.
Fort Worth, TX 76180
Herman Smith & Co. Lts.
1903 Central Drive, Ste 403
Bedford, TX 76021
DR Horton Texas Ltd.
1901 Ascension Blvd., Ste 200
Arlington, TX 76006
Beasley Building Group
5401 Colleyville Blvd.
Colleyville, Texas 76034
Baylor Health Care System
3409 Worth St., Ste 600
Dallas, TX 75246
The Guest Family LP
1300 Tanglewood Trail
Euless, TX 76040
Greg & Tina Davidovich
1116 Nueces Court
Colleyville, TX 76034
Colonial Bank
8214 Westchester Drive
Dallas, TX 75225
Robert & Sue Shelnutt
1502 Kingswood Lane
Colleyville, TX 76034
Rick & Paula Butts
1504 Kingswood Lane
Colleyville, TX 76034
Timothy & Joy Crabtree
1503 Kingswood Lane
Colleyville, TX 76034
R S Kudlac & R Pendergrass
1504 Royal Lane
Colleyville, TX 76034
Stephen & Dianne Farmer
5305 Bluebonnet Road
Colleyville, TX 76034
First Baptist Church of Colleyville
5405 Pleasant Run Road
Colleyville, TX 76034
Grapevine Colleyville ISD
3051 Ira E. Woods Ave
Grapevine, TX 76051
Stephen & Cheryl Moreland
5609 Hidden Oaks Drive
Colleyville, TX 76034
Kenneth & Estilita Kerkering
5603 Hidden Oaks Drive
Colleyville, TX 76034
Guest Monticello Partners Ltd
1111 S Main Street, Ste 220
Grapevine, TX 76051
Complimelltw)' Copy To:
Hidden Oaks HOA
Fred Richmond, President
5607 Hidden Oaks Drive
Colleyville, TX 76034
Lyn & Jo Ann Kamerman, Jr.
1506 Kingswood Lane
Colleyville, TX 76034
N asrin Metalwala
1508 Kingswood Lane
Colleyville, TX 76034
Melitta & Kenneth Taylor
1505 Kingswood Lane
Colleyville, TX 76034
Riaz Hussain
1507 Kingswood Lane
Colleyville, TX 76034
Joy Anna Eiler
1618 Forest Bend Lane
Keller, TX 76248
Donita Wiggins &
Joan Vandergriff
5317 Bluebonnet Road
Colleyville, TX 76034
William & Carol Ludwick
5319 Bluebonnet Drive
Colleyville, TX 76034
Louis & Elizabeth Miller
7800 Tillman Hill Court
Colleyville, TX 76034
David Linton
1020 Switchyard Street
Fort Worth, TX 76107
Colleyville Church of Christ
1008 Church Street
Colleyville, TX 76034
Debbie & Michael Moody
5701 Hidden Oaks Drive
Colleyville, TX 76034
Gary & Teresa Kerbow
5700 Hidden Oaks Drive
Colleyville, TX 76034
Fredric & K Richmond
5607 Hidden Oaks Drive
Colleyville, TX 76034
Terry & Dixie Leach
5605 Hidden Oaks Drive
Colleyville, TX 76034
Min Kim
5601 Hidden Oaks Drive
Colleyville, TX 76034
CWJ Co Inc
1100 Fountain Parkway
Grand Prairie, TX 75050
Peoples's Realty Ltd
2875 Exchange Blvd
Southlake, TX 76092
Fred & Thomas Monks Sr
1608 Kingswood Lane
Colleyville, TX 76034
Applicant:
Jose' Fuentes Colleyville, Inc.
5100 Beltline Road, Suite 852
Addison, TX 75254
Case Z-03-029 (Notices dated: November 19, 2003)
According to the last published Tax Record, individuals who own property that is within the 500'
of the proposed special use permiUand-or/zoning change request are listed above. I certify that
the parties listed on the two (2) preceding pages have been notified of the proposed
change request as required by the Texas Local Government Code and the Colleyville Land
Development Code.
Jan Levy ct--
Planning & Zoning Assistant
GRACO
REi\L ESTATE DEVELOPI\lE:-.IT, I:\'C
November 24,2003
Planning and Zoning Commission
City of Colleyville
P,O. Box 185
Colleyville, TX 76034
RE: Case Number Z-03-029
To Whom It May Concern:
Colleyville Boulevard would like to vote in favor of the above referenced case number.
Sincerely,
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ORDINANCE 0-03-1389
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AUTHORIZING A SPECIAL USE PERMIT FOR
ALCOHOLIC BEVERAGE SALES FOR OFF-PREMISE AND ON.PREMISE
CONSUMPTION IN TOWN CENTER COLLEYVILLE ADDITION; PROVIDING FOR A
PENALTY FOR VIOLATIONS AND AUTHORIZING PUBLICATION
WHEREAS, an application for a zoning amendment was filed by Hodges & Associates
on December 17, 2002, requesting a Special Use Permit for alcoholic
beverage sales for off-premise and on-premise consumption under Case
No, Z-03-001; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land Development
Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and made
a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec, 1.
THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A")
are hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described as Lots 1 R, 2R, 3R1, 3R2 and 4, Block
1; and a portion of Lot 1 R, and Lots 2 and 3, Block 2, Town Center
Colleyville Addition by authorizing the following:
a. A Special Use Permit for Alcoholic Beverage Sales for off-
premise consumption for a grocery store, specialty wine shop
or gourmet food store.
b. A Special Use Permit for Alcoholic Beverage Sales for on-
premise consumption in conjunction with a restaurant use.
c. This property is subject to the distance provisions from
schools as required by the Colleyville Code of Ordinances and
Texas Alcoholic Beverage Code,
d, The sale of alcoholic beverages shall be prohibited within the
area located within 300 feet of the Barbara Gordon Montessori
School, as described in Exhibit "B",
Ordinance 0-03-1389
Page 2 of 2
e. The Special Use Permit required for alcoholic beverage sales
for on-premise or off-premise consumption shall become null
and void five (5) years from the date of approval of this
ordinance for undeveloped sites.
Sec, 2.
THAT this property shall be subject to all the regulations contained in
the Colleyville Land Development Code and the CC2 Shopping
Center Commercial District, except where amended by this
ordinance.
Sec. 3.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with the Land Development Code
of the City of Colleyville shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
Sec. 4.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternate method of publication provided by law.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the 9'~ day of
~.A.AJ"" a~ 2003.
The second reading and public hearing being conducted on the /JI ~ day of
~.h n.A j_ 2003.
A~~tkv
Cynthia Singleton
City Secretary
CITY OF COLLEYVILLE:
~0r
Donna Arp
Mayor
A~~OVED AS TO F. ORM AND LEGALITY:
/f~
Ross T, Foster
City Attorney
Exhibit A
Zoning Map
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Colleyville
Alcoholic Beverage
Regulations
TexaS
Provided by the
Community Development Department
www.ci.collevville.tx.us
817.503.1050
ARTiClE I. IN GENERAL
See. 6-1. Applicability of chapter
The storage, sale, possession or serving of any alcoholic beverages, when permitted
by the laws of the state, shall be regulated and governed as provided herein.
Sec. 6-2. Compliance with zoning and land Development Code
(a) The storage, possession, sale or serving of alcoholic beverages by anyone for the
consumption, either on or off the premises, shall be prohibited unless on land
zoned specifically for that purpose with a Special Use Permit in accordance with
the Colleyville Land Development Code.
(b) For any area of the city that was granted a Special Use Permit for alcohol ic
beverage sales, for either on-premises or off-premises consumption, prior to
October 1, 2001, the premises shall be deemed to satisfy the requirements as
established by this Code regarding distance from schools, churches, and other
types of premises for all new and subsequent renewals of a license or permit.
See. 6-3. Restrictions on sales within prescribed distances of public and private schools,
churches and public hospitals.
(a) It shall be unlawful for any person who is engaged in the business of selling
alcoholic beverages to sell alcoholic beverages where the place of business of any
such person is within three hundred (300) feet of any church, public or private
school, or public hospital.
(b) The measurement of the distance between the place of business where alcoholic
beverages are sold and a church or public hospital shall be along the property
lines of the street fronts and from front door to front door, and in a direct line
across intersections.
(c) The measurement of the distance between the place of business where alcoholic
beverages are sold and a public or private school shall be in a direct line from the
property line of the public or private school to the property line of the place of
business and in a direct line across intersections.
(d) The City Council may allow a variance to this section if it determines that the
enforcement of the regulation in a particular instance is not in the best interests of
the public, constitutes waste or inefficient use of land or other resources, creates
an undue hardship on the applicant for a license or permit, does not serve its
intended purpose, or is not effective or necessary, or for any other reason the City
Council determines, after consideration of the health, safety and welfare of the
Colleyyille Alcoholic Beyerage Regulations
Page 1 of 6
public and the equities of the situation, that the variance is in the best interest of
the community.
(e) The term "private school", including a parochial school, means a school offering
a course of instruction for students in one or more grades from kindergarten
through grade 12, and has more than 100 students enrolled and attending courses
at a single location.
Sec. 6-4. Hours of sale and consumption
The hours of sale and consumption shall be as required by the Texas Alcoholic
Beverage Commission.
Sec. 6-5. Alcoholic beverage sales for on-premises consumption must be incidental to
hotel, motel, or restaurant.
No person shall sell, store, dispense, or otherwise handle for the purpose of sale, or
engage in the business of selling, storing, dispensing, or otherwise handling for sale,
any alcoholic beverage in the city for on-premises consumption, except in a location
where such activity is either incidental and secondary to use on the same premises for
hotel or motel purposes, or where incidental and secondary to the sale of food for
human consumption, which shall be construed to mean that at least 60 percent of the
gross receipts of such business shall be from non-alcohol and food sales.
Article 1 amended by Ordinance 0-01-1300 on September 11, 2001,
ARTICLE II. BUSINESS LICENSES AND PERMITS
Sec. 6-26. Application; contents.
Any person applying for a permit or license issued by authority of the Texas Alcoholic
Beverage Code or a renewal of such permit or license or to change the location of the
place of business designated in such permit or license shall deliver to the city
secretary, for filing, one copy of the appropriate forms prescribed by the state
alcoholic beverage commission, together with scale drawings showing the proposed
location of the applicant's business in relation to streets, property lines and the
nearest church, public school, or public hospital. Such person shall also provide a
statement of his name, current address, addresses for the previous ten years, age, all
other city permits or I icenses held, and the names and addresses of all persons with
an interest in such business, which statement shall include an affidavit that the
information given is true and correct. The applicant shall give permission for his
fingerprints, height, weight, race and other description to be obtained by the police
department.
Colleyville Alcoholic Beverage Regulations
Page 2 of 6
Sec. 6-27. Reserved.
Editor's note-Section 1 of Ord. No. 0-96-1015, adopted Jan. 16, 1996, repealed 9 6-
27 in its entirety. Formerly, said section pertained to investigation of applicant by
chief of police and derived from 9 14(8) of ch. 4 of the 1980 Code.
Sec. 6-28. Review of application by city secretary; certification as to zoning; objections
to issuance.
The city secretary shall review the application as submitted by the applicant, verify
zoning and approval of a special use permit by the city council. If, from the city
secretary's examination, it appears that the applicant is disqualified, or that the
applicant's place of business is inadequate, unsafe, unsanitary or does not comply
with all the terms of the ordinance and the Texas Liquor Control Act, or that any
lawful reason exists why the permit or license should not be issued, it shall be the
duty of the city secretary to file objections to the issuance of the permit or license
with the alcoholic beverage commission or with the county judge.
Sec. 6-29. Fees generally.
(a) No permittee or licensee under this article shall engage in the business authorized
by his permit or license without first having paid to the city the permit or license
fee levied by this section. It shall be the duty of the city attorney to petition the
state alcoholic beverage commission to cancel the permit or license of any
permittee or licensee who shall engage in the business authorized by the permit or
I icense of such person without first having paid the fees levied by this section.
(b) There is hereby levied on each person granted and holding a license or permit
under this article and engaged in the business authorized by such license or
permit in the city an annual fee in an amount equal to one-half of the amount
charged or taxed by the state pursuant to the Alcoholic Beverage Code for each
type of business or occupation.
Sec. 6-30. Fees to be paid in advance; separate license or permit required for each place
of business.
The fees required for licenses and permits as required by section 6-29 shall be paid in
advance for one year. A separate license or permit, as required by this article, shall
be obtained for every place of business where the business of alcoholic beverage
manufacture, distribution, or sale is conducted, and fees for each such I icense or
permit shall be paid.
Colleyville Alcoholic Beverage Regulations
Page 3 of 6
See. 6-31. Issuance; contents.
Upon approval by the city attorney and payment of the required fees, the city
secretary shall issue a license or permit in the name of the city, which shall
acknowledge receipt of such amount and shall contain the number, name, and
expiration date of the state permit or license; the name of the permittee or licensee;
the trade name of such permittee or licensee; the address of the business; and the date
of issuance.
See. 6-32. Display of license or permit.
The license or permit issued by the city secretary under this article shall be displayed
at all times in a conspicuous place within the licensed or permitted place of business.
Sec. 6-33. Refund of fees.
No refund of a fee paid the city under the terms of this article shall be made for any
reason except when the permittee or licensee is prevented from continuing in
business by reason of the result of a local option election or an amendment of the
zoning regulations of the city concerning the property on which the place of business
is situated.
See. 6-34. Records.
All persons operating establishments engaging in the sale of alcoholic beverages
within the City shall comply with the reporting requirements of this Section.
(a) During the first year of any license for on-premises alcoholic beverage
consumption issued to a new license-holder, the owner, operator or person in
control of an establishment licensed by the state for on-premises alcoholic
beverage consumption shall, on a quarterly basis with the quarters ending March
31, June 30, September 30 and December 31, file with the Building Official an
affidavit, on an officially approved form provided by the Building Official, that
reflects gross sales for the preceding three months, indicating the sales of non-
alcoholic items and alcoholic beverages. The quarterly reports for the previous
three-month period shall be due on or before the 25th day of April, July, October
and January. In the event that no violation occurs during the first year, then the
business will only be required to report on an annual basis, thereafter.
(b) The party shall also file on a quarterly basis, at the same time the affidavit on sales
is filed, a copy of the filing(s) supplied to the state for sales tax and alcoholic
beverage tax purposes for the previous three-month period.
Co/leyville Alcoholic Beverage Regulations
Page 4 of 6
(c) Such affidavit and copies of filing(s) supplied to the state for sales tax and
alcoholic beverage tax purposes shall be reviewed by the City Manager or
designee for compliance with the provision of Section 6-5 above regarding the
ratio of non-alcohol items to alcohol beverage sales.
(d) If a quarterly report submitted indicates that the filing establishment does not
comply with the percentage requirements of Section 6-5 above, the establishment
shall have until the next due date of a quarterly report to bring the establishment
into compliance with city ordinances. The licensee shall be notified by certified
mail by the Building Official that a violation of this Section has occurred. Such
notification shall specify the date by which the licensee must be in compliance
with Section 6-5. A report containing the same information as the quarterly report
must be filed with the Building Official on or before the date required for
compl iance, as stated in the letter of notification of violation.
(e) If a quarterly report is not submitted to the Building Official on or before the 25th
day of April, July, October and January, the Building Official shall notify the
licensee by certified mail that a quarterly report has not been submitted. The
I icensee shall have a period of ten (10) days after the date of del ivery marked on
the certified mail return receipt to file the quarterly report.
(f) Failure to file a quarterly report or failure to bring the establishment into
compliance by the next due date of a quarterly report shall constitute a violation
of this Section. The City Attorney may inform the Texas Alcoholic Beverage
Commission that the establishment is no longer in compliance with the city
ordinances as previously certified to by the Bui Iding Official and request that the
Texas Alcoholic Beverage Commission take whatever action is available under the
Texas Alcoholic Beverage Code to revoke the state license.
(g) The person operating an establishment subject to the reporting requirements of
this article shall permit the City Manager or a designated agent to view and copy
the books, records and receipts relative to sales of non-alcohol items and alcoholic
beverages at any time after twenty-four hours notice. In the any event the City
Manager finds a violation, then the business will be required to comply with
Section l.a for the succeeding twelve months.
(h) The city shall have the right to request the establishment to provide a prior
quarters report in order to determine the business has remained in compliance. In
the event the establishment fails to be in compliance then in that event the
business will be subject to the quarterly reporting requirements for another year.
Section 6-34 amended by Ordinance 0-03-/398 on April/S, 2003,
Colleyville Alcoholic Beverage Regulations
Page 5 of 6
See. 6-35. License and permit renewals.
No license or permit issued under this article shall be renewed for any location where
the records required by section 6-34 indicate that gross receipts from sales of food are
less than gross receipts from alcoholic beverage sales. No new license or permit shall
be granted for alcoholic beverage sales at such location for a period of six months.
Sec. 6-36. Application to private clubs.
Sections 6-1--6-5, 6-26, 6-28 and 6-34 are the only sections of this chapter which shall
apply to private clubs, and this chapter shall not apply to private clubs incidental to a
hotel or motel, as defined in the zoning ordinance; nor to private clubs licensed by
the state which are owned and operated by nonprofit service organizations, such as
Veterans of Foreign Wars and the American Legion.
Colleyville Alcoholic Beverage Regulations
Page 6 of 6
ORDINANCE 0-03-1433
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED,
BY AMENDING ORDINANCE 0-03-1389 IN ITS ENTIRETY; PROVIDING A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION
WHEREAS, an application for a zoning change was filed by Melvin & Martindale,
Ltd., on November 14, 2003, under Case No. Z-03-029; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land
Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT Section 1 of Ordinance 0-03-1389, is hereby amended in its
entirety to read as follows:
The Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the accompanying Zoning Map (Exhibit "A")
are hereby amended insofar as they relate to certain land located in
Colleyville, Texas, described as Lots 1 R, 2R, 3R1, 3R2 and 4, Block
1; and a portion of Lot 1 R, and Lots 2 and 3, Block 2, Town Center
Colleyville Addition by authorizing the following:
a. A Special Use Permit for Alcoholic Beverage Sales for off-
premise consumption for a grocery store, specialty wine shop
or gourmet food store.
b. A Special Use Permit for Alcoholic Beverage Sales for on-
premise consumption in conjunction with a restaurant use.
c. This property is subject to the distance provisions from
schools as required by the Colleyville Code of Ordinances and
Texas Alcoholic Beverage Code.
Sec. 2.
See, 3.
Sec4.
Sec. 5,
Ordinance 0-03-1433
Page 2 of 3
d. The Special Use Permit required for alcoholic beverage sales
for on-premise or off-premise consumption shall become null
and void five (5) years from the date of approval of this
ordinance for undeveloped sites.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with any zoning regulation
contained in the Land Development Code of the City of Colleyville
shall be guilty of a misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed Two Thousand Dollars ($2,000,00).
Each and every day such violation continues shall constitute a
separate offense and shall be punishable as such.
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance,
THAT 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 judgment 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 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
day of
The second reading and public hearing being conducted on the
2004.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
Ordinance 0-03-1433
Page 3 of 3
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
EXHIBIT A - ZONING MAP
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MEETING DATE: 01/06/04 CITY MANAGER ~fZ-./_
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ITEM#: 5 DEPARTMENT HEAD ':ic~
ORDINANCE # : 0-03-1434 FINANCE REVIEW N.A.
Previous Action: 12/16/03
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT : Approval of the Zoning Change from CC2 to CPO
on 2.67 acres located at the northeast corner of
Heritage Avenue and Gateway Drive, Case Z-03-
027
Second Reading and Public Hearing
First Reading and Public Hearing
Backqround
Roland Limosnero is the owner of 2.67 acres located on the north side Gateway Drive, just
east of Heritage Avenue. The applicant has submitted a zoning change request on the
property from CC2 Shopping Center Commercial to CPO Professional Office. The owner
intends to subdivide the property into five lots for office development.
The surrounding property is commercial and institutional in nature. The surrounding property
to the north, east and west is zoned CC2 Shopping Center Commercial. The property to the
south across Gateway Drive is zoned CPO Professional Office. Colleyville Heritage High
School is located north of the site, and most of Gateway Drive is developed as small office
buildings.
If the zoning change is approved, the owner will submit a subdivision plat of this property and
an adjacent tract to subdivide the property into five office lots and one commercial lot. The
property located at the hard corner of Heritage Avenue will retain its CC2 zoning designation,
The remainder of the property on Gateway Drive will be developed as offices.
Impact Issues
1, Master Plan. The Colleyvil/e Master Plan designates the future use of this area for
commercial type land uses. This request is consistent with the goals and objectives of the
Master Plan.
2. Surrounding Properties. The surrounding properties are generally developed as
commercial and institutional uses.
3. Deve/opment Trends. The area is experiencing moderate development of both
commercial and office projects. Several new office buildings have been constructed on
Gateway Drive this year. The area around Glade Road and SH121 continues to
experience significant commercial growth, though most of the development is in Euless,
Agenda Briefing
Ordinance 0-03-1434
Page 2 of 2
4, Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-
way, The developer is responsible for the extension of utilities to the lots if necessary.
5. Property Taxes. According to information available from the Tarrant Appraisal District, the
parcel is valued at $323,800. The estimated City property tax revenue for the undeveloped
property is $1,125 annually. The future property tax revenue would depend upon the value
of the building improvements to the property.
6. Sales Taxes. It is likely that the project will not generate sales tax revenue, Most office
services are not subject to sales tax. It is possible that the office development would have
an indirect effect on sales tax revenue through the owners and visitors shopping at local
stores and restaurants.
7. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation
provides estimates of expected traffic generation based on land use. Data has been
collected in the United States and Canada since the 1960's, primarily in suburban
locations. Single-tenant office buildings are expected to generate 11.57 trips per 1,000
square feet of floor area per day, on average.
8, Public Notification. Staff mailed notices to 15 adjacent property owners regarding this
request. Notice was published in the Fort Worth Star-Telegram as required by state law
and the Land Development Code. No correspondence has been received regarding this
request.
The Planning and Zoning Commission conducted a public hearing and considered this request
at the November 24, 2003 meeting. The Commission recommended approval by a unanimous
vote.
Recommendation
Approval
Attachments
· Location and Zoning Map
· Zoning Exhibit (see large paper copy)
· List of Property Owners Notified
· Ordinance 0-03-1434
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Location and Zoning Map
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Roljen, LLC
5110 Heritage Ave,
Colleyville, TX 76034
Billy Joe Russell
32669 S US Highway 281
Hieo, TX 76457
Robert McKown & J Gilbert
5905 Cimarron Trail
Haltom City, TX 76148
Billie Charles Rogers
3712 Glade Road
Colleyville, TX 76034
Grapevine-Colleyville ISD
3051 Ira E Woods Blvd,
Grapevine, TX 76051
Kindercare Real Estate Corp
650 NE Holladay St, Ste 1400
Portland, OR 97232
Insight Capital Realty Co Ltd,
4101 Gateway Drive
Colleyville, TX 76034
Erik & Tambra Leschuk
5162 Primrose Ct
Wichita, KS 76219
Partners In Gateway Success
4005 Gateway Dr, #200
Colleyville, TX 76034
Rustin Behl
5101 Old Oak Ln
Colleyville, TX 76034
Smile Masters Ltd
4013 Gateway Dr
Colleyville, TX 76034
Margmatt Ltd
1513 Michael Drive
Bedford, TX 76022
WC.l Glade 94 Ltd
C/o Doug .lennings
500 W 13th St, Suite 100
Fort Worth, TX 76102
Robert Hill
2700 Tibbets Drive
Bedford, TX 76022
Gary Mills
305 Augusta Court
Southlake, TX 76092
Roland C. Limosnero, Applicant
5110 Heritage Avenue
Colleyville, TX 76034
Case Z-03-027 (Notices dated: November 14, 2003)
According to the last published Tax Record, individuals who own property that is within the 200'
of the proposed special use permit/and-or/zoning change request are listed above. I certify that
the parties listed above have been notified of the proposed change request as required by
the Texas Local Government Code and the Colleyville Land Development Code.
Jan Levy
Planning & Zoning Assistant
ORDINANCE 0-03-1434
AN ORDINANCE AMENDING THE LAND DEVELOPMENT CODE OF THE CITY OF
COLLEYVILLE, TEXAS, BY AMENDING THE OFFICIAL ZONING MAP AND
CHANGING THE ZONING OF 2.67 ACRES OUT OF THE ELIZABETH COX
SURVEY, ABSTRACT 352, FROM THE CC2 SHOPPING CENTER COMMERCIAL
DISTRICT TO THE CPO PROFESSIONAL OFFICE DISTRICT; PROVIDING FOR
THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, an application for a zoning change was filed by Roland Limosnero on
November 3, 2003, under Case No. Z-03-027; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land
Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
Sec. 4.
THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the Official Zoning Map are hereby amended
insofar as they relate to certain land located in Colleyville, Texas, as
shown on the Zoning Map attached as Exhibit "A", and described by metes
and bounds as shown in Exhibit "B", by changing the zoning of said
property from the CC2 Shopping Center Commercial district to the CPO
Professional Office district.
THAT any person, firm, or corporation violating any of the provisions of this
ordinance shall be guilty of a misdemeanor and upon conviction thereof
shall be fined a sum not to exceed Two Thousand Dollars ($2,000.00).
Each and every day such violation continues shall constitute a separate
offense and shall be punishable as such.
THAT the Land Development Code of the City of Colleyville, Texas, shall
remain in full force and effect, except where amended by this ordinance.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
Ordinance 0-03-1434
Page 2 of 2
Sec. 5,
THAT this ordinance shall become effective immediately upon publication,
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2003.
day of
The second reading and public hearing being conducted on the
2004.
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
Exhibit A
Zoning Map
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Exhibit B
Metes and Bounds Description
All that certain tract of parcel of land situated in the Elizabeth Cox Survey, Abstract No. 352,
Tarrant County, Texas and containing a portion of Lot 1 R, Block 1, Heritage High School
Addition, an Addition to the Cities of Grapevine and Colleyville, Tarrant County, Texas as
recorded in Cabinet A, Slide 2678, Plat Records, Tarrant County, Texas and embracing that
same tract described in the deed to Roljen LLC as recorded in Volume 14975, Page 238, Deed
Records, Tarrant County, Texas, and being more particularly described by metes and bounds
as follows:
BEGINNING at a point from which the northwest corner of said Roljen tract bears South 89
degrees 43 minutes 30 seconds West with the northerly boundary line of same, passing a '12-
inch steel rod with cap stamped MOAK SURV INC set in said apparent easterly right-of-way
line at 160.00 feet, in all a total distance of 210.00 feet;
THENCE North 89 degrees 43 minutes 30 seconds East continuing with said northerly
boundary line, 54.22 feet to a %-inch steel rod with cap stamped MOAK SURV INC set;
THENCE North 77 degrees 28 minutes 25 seconds East continuing with said northerly
boundary line, 426.62 feet to a %-inch steel rod found for the northeast corner of same;
THENCE South 00 degrees 09 minutes 21 seconds West with the easterly boundary line of
same, 50.25 feet to a %-inch steel rod found for the northeast corner of same;
THENCE South 89 degrees 49 minutes 02 seconds East, 9.51 feet to a %-inch steel rod with
cap stamped CHEATHAM 2346 found for the beginning of a curve to the left;
THENCE southeasterly with said curve to t he left having a radius of 325.00 feet, a central
angle of 24 degrees 19 minutes 20 seconds, an arc length of 137.96 feet and a long chord of
South 25 degrees 00 minutes 41 seconds East at 136.93 feet to a %-inch steel rod with cap
stamped CHEATHAM 2346 found;
THENCE South 37 degrees 10 minutes 23 seconds East, 32.10 feet to a %-inch steel rod with
cap stamped CHEATHAM 2346 found in said northerly right-of-way line of Gateway Drive and
being in a curve to the right;
THENCE southwesterly with said northerly right-of-way line and said curve to the right having a
radius of 555.00 feet, a central angle of 34 degrees 28 minutes 57 seconds, an arc length of
334.02 feet and a long chord of South 72 degrees 39 minutes 00 seconds West at 329.00 feet
to a %-inch steel rod with cap stamped CHEATHAM 2346 found;
THENCE South 89 degrees 53 minutes 29 seconds West continuing with said northerly right-
of-way line, 203.38 feet;
THENCE North 10 degrees 59 minutes 20 seconds West, 209.50 feet to the place of beginning
and containing 2.6766 acres of land, more or less.
CITY COUNCIL
~~" AGENDA BRIEFING
'l"('....;;!~
FINANCE REVIEW
MEETING DATE:
ITEM#: i
ORDINANCE # :
01/06/04
6
0-03-1435
CITY MANAGER i
DEPARTMENT HEAD
Previous Action: 12/16/03
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of an amendment to the PUD-C for the
Village at Colleyville (0-02-1337.4) to allow a drive-
through business on Lot 3, located at 23 Main
Street, Case Z-03-028
Second Reading and Public Hearing
Update
At the December 16, 2003, meeting, the City Council expressed concerns about the possible
sale of alcoholic beverages at the drive-through window. Staff contacted the Texas Alcoholic
Beverage Commission to discuss this issue. The sale of package beer and wine through a
drive-through window is allowed under State statutes; however, dispensing mixed beverages is
prohibited as it would be a violation of the open beverage container laws. Language has been
added to the ordinance to prohibit the dispensing of alcoholic beverages at the drive-through
window.
First Reading and Public Hearing
Backqround
Jim Gilbert, of Classic Unique Homes, is the owner of Lot 3 in the Village at Colleyville. Lot 3
is located at 23 Main Street, at the southeast corner of Pleasant Run Road and Main Street.
The applicant has submitted a zoning change request to amend a special condition in the
PUD-C for the Village at Colleyville.
The owner intends to construct a 3-story, multi-use building on the property. Retail and
restaurant space is proposed on the first floor, office space on the second floor, and office and
residential space on the third floor. A coffee shop is proposed for the first floor, and the coffee
shop desires to have a drive-through window on the side of the building. The current PUD-C
ordinance for the Village at Colleyville does not allow drive-through commercial uses. The
owner is seeking an amendment to the ordinance to allow the drive-through window for only
Lot 3.
The surrounding property is all part of the Village at Colleyville development. Lot 3 has
frontage on both Main Street and Pleasant Run Road, and has alley access along the other
two sides. The drive-through window would be located on the east side of the lot, with access
from the alley. One of the detention ponds for the development is located east of this site
Copies of the floor plan and building elevations are attached.
Impact Issues
1. Master Plan. The Colleyville Master Plan designates the future use of this area for
commercial type land uses. This request is consistent with the goals and objectives of the
Master Plan.
2. Surrounding Properties. The surrounding properties are generally developed as
commercial, retail and restaurant uses.
3. Development Trends. The area is experiencing significant development. There are five
buildings constructed in the Village at Colleyville, not including the city hall and library
complex. There are two other commercial buildings under construction, and three
town homes are being built across the street from this site. Plans for two other town homes
are under review.
4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-
way. The developer is responsible for the extension of utilities to the lots if necessary.
5. Property Taxes. According to information available from the Tarrant Appraisal District, the
parcel is valued at $243,000. The estimated City property tax revenue for the undeveloped
property is $844 annually. The future property tax revenue would depend upon the value
the building improvements to the property.
6. Sales Taxes. It is likely that the project will generate sales tax revenue, as restaurant uses
are subject to sales tax collection. It is possible that the office and residential development
would have an indirect effect on sales tax revenue through the owners and visitors
shopping at local stores and restaurants.
7. Public Notification. Staff mailed notices to four adjacent property owners regarding this
request. Notice was published in the Fort Worth Star-Telegram as required by state law
and the Land Development Code. No correspondence has been received regarding this
request.
The Planning and Zoning Commission conducted a public hearing and considered this request
at the December 8, 2003 meeting. The Commission recommended approval by a unanimous
vote.
Recommendation
Approval
Attachments
· Location map
· Information from applicant
· List of Property Owners Notified
· Ordinance 0-03-1435
Location Map
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AFFORDABLE QUALITY
JAMES NEYMAN
817-819-5079 mobile
817 -425-3898 pager
JIM GILBERT
817-828-1500 pager
817-491-0915 office
Dt:
To:
Fr:
Re:
October 31 2003
City ofColleyville Development Department and Planning and Zoning Review Board
Jim Gilbert
Modification to Use Ordinance 0-02- 1337.4
vaccuvar
I am in the preliminary stages of designing a building for lot 3 in the Village at Colleyville. This site is on the
southeast corner of the intersection of Main Street and Pleasant Run Road and is encompassed by an alley on the
other two sides. On the other side of the alley is the retention pond with waterfalls located at the main entrance of
this development. The building is proposed to be Retail! Restaurant space on the ground floor, Office space on the
second floor and Residential! Office space on the third floor.
I have a potential new business owner for one of the Retail! Restaurant locations. They wish to operate a brand
name coffee shop in this location. I have been told by numerous contacts that there is a real need and demand for a
nice coffee shop in this development. The coffee shop really needs a drive thru service window to have the highest
probability of being a viable enterprise.
My requested modification is to amend the Ordinance in Section I., E., 3. Prohibited Uses to read as follows:
a. Drive-through commercial uses where patrons remain in automobiles, except Lot 3.
Attachments:
I. ZONING DISTRICT CHANGE APPLICA nON
2. Proposed building - Site Plan, Floor Plans, Elevations
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400 N. ST. PAUL, Suite 1350
DALLAS, TEXAS 75201
(214) 979-0555 EXT 120 Ph
(214) 979-0505 Fax
214-727-7923 CELL
gallegoc arlositmsn. com
CLASSIC UNIQUE HOMES, Inc.
EUROPEAN TOWNHOMES
THE VILLAGE AT COLLEYVILLE
817-491-0915 OFF 817-828-1500 PGR
Gallego Creative Design
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Village Monticello Partners Ltd.
1111 S. Main Street, Suite 200
Grapevine, TX 76051
Village Monticello Partners Ltd.
32 Village Lane, Suite 200
Colleyville, TX 76034
Charles Davidson
PO Box 424
Burleson, TX 76097
Applebee's of Texas Inc.
4551 W. 107111 St, Suite 100
Shawnee Mission, KS 66207
Jim Gilbert, Applicant
Classic Unique Homes
PO Box 92802
Southlake, TX 76092
Case Z-03-028 (Notices dated: November 19, 2003)
According to the last published Tax Record, individuals who own property that is within the 200'
of the proposed special use permit/and-or/zoning change request are listed above. I certify that
the parties listed above have been notified ofthe proposed change request as required by
the Texas Local Government Code and the Colleyville Land Development Code.
Jan Levy ~
Planning & -~ning Assistant
ORDINANCE 0-03-1435
AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, AMENDING THE
LAND DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, AS AMENDED,
BY AMENDING SECTION E DEVELOPMENT STANDARDS OF ORDINANCE 0-02-
1337.4 TO ALLOW A DRIVE-THROUGH COMMERCIAL USE; PROVIDING A
PENALTY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A
SEVERABILITY CLAUSE; AND AUTHORIZING PUBLICATION
WHEREAS, an application for a zoning change was filed by Classic Unique Homes
on November 2,2003, under Case No. Z-03-028; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land
Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Sec. 2.
Sec. 3.
THAT Section E Development Standards, Sub-section 3.a Prohibited
Uses, of Ordinance 0-02-1337.4, is hereby amended to read as
follows:
a. Drive-through commercial uses where patrons remain In
automobiles, except for Lot 3. The exception for Lot 3
prohibits the sale or dispensing of alcoholic beverages at a
drive-through window.
THAT any person, firm or corporation violating any of the provisions
of this ordinance as read together with any zoning regulation
contained in the Land Development Code of the City of Colleyville
shall be guilty of a misdemeanor and upon conviction thereof shall be
fined in a sum not to exceed Two Thousand Dollars ($2,000.00).
Each and every day such violation continues shall constitute a
separate offense and shall be punishable as such.
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
Ordinance 0-03-1435
Page 2 of 2
Sec. 4.
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 judgment 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.
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
2004.
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
CITY COUNCIL CC~" AGENDA BRIEFING
Tl';I:;'\~
MEETING DATE: 01/06104 CITY MANAGER
ITEM # : 7 DEPARTMENT HEAD
ORDINANCE # : 0-03-1436 FINANCE REVIEW
Previous Action: 12/16/03
DEPARTMENT: POLICE
SUBJECT : Approval to place restrictions on the use and
operation of motor assisted scooters by prohibiting
the operation of motor assisted scooters on streets,
highways, paths and alleys
Second Reading and Public Hearing
First Reading and Public Hearing
The 78th Legislature addressed the issue of new transportation technology by recognizing
motor assisted scooters for limited street usage. The law became effective September 1,
2003, and can be found in the Texas Transportation Code as Subchapter D., Sections 551.301
and 551.302. In general, motor assisted scooters may be operated on a street, highway,
pathway or alley. However, any traffic law that applies to bicycles also applies to motor
assisted scooters which means the operator must obey the usual traffic laws that bicycle
operators must obey such as speed limit, signal turns, etc. The legislature also provided that a
municipality in the interest of safety may prohibit the operation of the motor assisted scooters
on any street, highway, or public roadway but not sidewalks or paths set-aside for the
exclusive operation of bicycles.
Provisions that require helmet use by minors will also be included in the proposed ordinance.
Financiallmoact
None
Recommendation
Approval
Attachment
. Ordinance 0-03-1436
ORDINANCE 0-03-1436
AN ORDINANCE PLACING RESTRICTIONS ON THE US.f AND OPERATION OF
MOTOR ASSISTED SCOOTERS BY PROHIBITING THE OPERATION OF MOTOR
ASSISTED SCOOTERS ON STREETS HIGHWAYS, PATHS AND ALLEYS
WHEREAS, the City Council of the City of Colleyville ("City Council") has determined
that restrictions of the use and operation of motor assisted scooters on
the streets, highways, alleys, paths and trails within the City of Colleyville
is necessary in the interest of safety; and
WHEREAS, the City Council has determined that requiring children to wear helmets
while operating or riding a motor assisted scooter is necessary in the
interest of safety; and
WHEREAS, the City Council has investigated and determined that it will be
advantageous, beneficial and in the best interest of the citizens of
Colleyville to prevent potential traffic hazards and safety hazards resulting
from unauthorized use of streets, highways, alleys and certain pathways
and resulting from children failing to wear helmets.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
Definitions
Adult means any individual eighteen (18) years of age or older.
Child means any individual under eighteen (18) years of age.
Helmet means properly fitted headgear that is not structurally damaged
and that conforms to the standards of the American National Standards
Institute, the American Society for Testing and Materials, the Snell
Memorial Foundation or any federal agency having regulatory jurisdiction
over bicycle helmets, as applicable, at the time of the manufacture of the
helmet.
Motor assisted scooter shall have the same meaning assigned by Texas
Transportation Code Section 551.301 (2), as it exists or may be amended,
and includes a self-propelled device with at least two wheels in contact
with the ground during operation; braking system capable of stopping the
device under typical operating conditions; a gas or electric motor forty (40)
cubic centimeters or less; a deck designed to allow a person to stand or
Ordinance 0-03-1436
Page 2 or 4
sit while operating the device; and the ability to be propelled by human
power alone.
Public way or Public property means real property owned, leased or
controlled by a political subdivision of the State of Texas, a governmental
entity or agency, or similar entity, or any property that is publicly owned or
maintained or dedicated to public use, including, but not limited to, a path,
trail, sidewalk, alley, street or highway, and a public park facility.
WearinQ a helmet means that the person has a helmet fastened securely
to his/her head with the straps of the helmet securely tightened in the
manner intended by the manufacturer to provide maximum protection.
Sec. 2.
Restrictions and Prohibitions for Motor Assisted Scooters/Penalty for
Violations.
a. Restrictions and Prohibitions on Locations of Use
(1) It is unlawful for any child to operate or ride a motor assisted scooter
on any path, trail, alley, street or highway within the City, except on
paths and trails set aside for the operation of bicycles or on a
sidewalk.
(2) It is unlawful for any adult to operate or ride a motor assisted
scooter on any public way or public property for which the posted
speed limit is more than thirty-five (35) miles per hour. The motor
assisted scooter may cross a road or a street at an intersection
where the road or street to be crossed has a posted speed of more
that thirty-five (35) miles per hour.
b. Penalty
(1) A person who violates any provision of Section 2. a., above shall be
guilty of a Class C misdemeanor and upon conviction shall be fined
an amount not exceeding five hundred dollars ($500).
(2) The purpose of Section 2. is to promote safety and discourage the
use of motor assisted scooters in unsafe areas. The courts may
consider deferred dispositions under the Texas Code of Criminal
Procedure, as it exists or may be amended, whenever the
circumstances warrant deferred dispositions.
Sec. 3.
a.
Sec. 4.
Ordinance 0-03-1436
Page 3 of 4
Helmets RequiredlPenalty for Failure to Wear Helmet
Helmet Required
(1) It is unlawful for any child to operate or ride a motor assisted scooter
unless the child is wearing a helmet.
(2) It is a defense to prosecution that the motor assisted scooter was not
being operated upon public property or a public way at the time of
the alleged offense.
b. Penalty
(1) A person who violates any provIsion of Section 3.A., above,
requiring helmets shall be guilty of a Class C misdemeanor and
upon conviction shall be fined an amount not exceeding fifty dollars
($50.00) upon the first conviction and an amount not exceeding one
hundred dollars ($100.00) upon the second and each subsequent
conviction.
(2) The municipal court shall dismiss a charge against a child for a first
offense under Section 3.A., upon receiving proof that:
i. The defendant acquired a helmet on or before the tenth day
after receiving the citation of the violation.
(3) If the charge against a person is dismissed under subsection B. (2),
a later conviction for a violation of Section 3.A. shall be considered a
second or subsequent conviction for purposes of subsection B.(1).
(4) The purpose of Section 3 is to promote safety and encourage the
use of helmets. The courts may consider deferred dispositions
under the Texas Code of Criminal Procedure, as it exists or may be
amended, whenever the circumstances warrant deferred
dispositions.
Savings/Repealing Clause - All provisions of any ordinance in conflict with
this Ordinance are hereby repealed, but such repeal shall not abate any
pending prosecution for violation of the repealed ordinance, nor shall the
repeal prevent a prosecution from being commenced for any violation if
occurring prior to the repeal of the ordinance. Any remaining portions of
said ordinance shall remain in full force and effect.
Sec. 5.
Sec. 6.
Sec. 7.
Ordinance 0-03-1436
Page 4 of 4
Severability - Should any section, subsection, sentence, clause, phrase
or word of this Ordinance be declared unconstitutional or invalid by a court
of competent jurisdiction, it is expressly provided that any and all
remaining portions of this Ordinance shall remain in full force and effect.
Colleyville hereby declares that it would have passed this Ordinance, and
each section, subsection, clause or phrase thereof irrespective of the fact
that anyone or more sections, subsections, sentences, clauses and
phrases be declared unconstitutional or invalid.
Penalty Provision - Any person, firm, corporation or business entity
violating this Ordinance shall be deemed guilty of a misdemeanor, and
upon conviction thereof shall be fined as set forth herein. Each unlawful
act or continuing day's violation under this Ordinance shall constitute a
separate offense. The penal provisions imposed under this Ordinance
shall not preclude Colleyville from filing suit to enjoin the violation.
Colleyville retains all legal rights and remedies available to it pursuant to
local, state and federal law.
Effective Date - This Ordinance shall become effective after its adoption
and publication as required by law and the City Charter.
AND IT IS ORDERED.
The first reading and public hearing being conducted on the
December 2003.
day of
day of
The second reading and public hearing being conducted on the
January 2004.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross Foster
City Attorney
CITY CDUNCIL .~
1(,":\:0\5
AGENDA BRIEFING
MEETING DATE: :
ITEM#: !
;
ORDINANCE #: I
01/06/04
8
0-04-1437
CITY MANAGER i
;
DEPARTMENT HEAD I
FINANCE REVIEW i
i
Previous Action: NONE
DEPARTMENT: CITY MANAGER'S OFFICE
SUBJECT : Approving an ad valorem tax freeze for residential
homestead property owners who are disabled or
sixty-five years of age or older
First Reading and Public Hearing
Per the request of Councilman Elaine Dolan and Councilman Rich Hendler, the Council
discussed the possibility of implementing the tax freeze for residential property owners
who are disabled or sixty-five years of age or older at the pre-Council workshop of
November 19, 2003. At the December 16, 2003, Council meeting, the Council
concurred with Mayor Pro Tem Tigue that staff prepare an ordinance approving the ad
valorem tax freeze for residential property owners who are disabled or sixty-five years of
age or older. Attached is a proposed Ordinance 0-04-1437, which approves the tax
freeze and subsequent information the Council previously received regarding the tax
freeze.
Financial Impact
Attached is information providing various data regarding the impact of the property tax
freeze.
Recommendation
Approval
Attachments
. Finance Director memorandum, dated December 11, 2003
. City Manager memorandum, dated November 3, 2003
. City Manager memorandum, dated September 30,2003
. Ordinance 0-04-1437
MEMORANDUM
Date:
December 11, 2003
From:
Terry Leake, Finance Director
To:
Bill Lindley, City Manager
Subject:
Over-65 and Disabled Tax Freeze Questions
The following are responses to questions posed by the City Council at the November 18,
2003 worksession regarding the over-65 and disabled tax freeze.
1. What is the tax liability (and how are taxes paid) if a senior sells a house mid-year to a
person not eligible for the exemption? The exemption would remain with the property until
the end of the year at which time it would be removed. The new home owner or their
mortgage company would pay the taxes at the end of the year based upon the frozen value
for the entire year. The next year it would be assessed at full value and the taxes would be
paid at full value.
2. Can a City apply only the exemption for the property value and not for the value of the
house? No, the freeze must be applied to both the land and land improvements (house).
3. What has been the fiscal impact to the GCISD by having the tax freeze apply? The
school district tax freeze has been in effect since 1981. For the current tax year, the
GCISD's tax revenue loss is $1,209,752.95 due to the freeze. Throughout the district,
there are 1705 accounts with a frozen value and the value lost due to the freeze is
$71,118,012.
Attached is a fifteen year projection of the fiscal impact of the tax freeze.
FISCAL IMPACT OF FREEZES
FISCAL YEAR PROJECTED FIRST YEAR CUMULATIVE
NEW FREEZES LOSS LOSS
2006 127 $26,472
2007 127 $26,472 $53,738
2008 127 $26,472 $81,822
2009 127 $26,472 $110,748
2010 127 $26,472 $140,543
2011 217 $45,231 $189,991
2012 217 $45,231 $240,922
2013 217 $45,231 $293,381
2014 217 $45,231 $347,414
2015 217 $45,231 $403,068
2016 217 $45,231 $460,391
2017 217 $45,231 $519,434
2018 217 $45,231 $580,249
2019 217 $45,231 $642,888
2020 217 $45,231 $707,406
ASSUMPTIONS:
BASE FREEEZE YEAR HOME VALUE OF $200,000, ANNUAL 3% INCREASE IN VALUE
1990 CENSUS HAS 1,270 RESIDENTS IN THE 55 TO 59 YEAR BRACKET AND 4,335 RESIDENTS
IN THE 45 TO 54 YEAR BRACKET. FOR 2006-2010,127 NEW FREEZES PER YEAR (1270 DIVIDED
BY 2 PERSONS PER HOUSEHOLD AND 20% OF THE CATEGORY REACHES 65 EACH YEAR.
FOR 2011-2020,217 NEW FREEZES PER YEAR (4,335 DIVIDED BY 2 PERSONS PER HOUSEHOLD
AND 10% OF THE CATEGORY REACHES 65 EACH YEAR). THERE IS NO ACCOUNTING FOR
IN-MIGRATION, OUT-MIGRATION, OR DEATHS.
~
MEMORANDUM
Office of City Manager
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Bill Lindley
Proposed Property Tax Freeze
November 3, 2003
Attached is a copy of a letter by Councilmembers Dolan and Hendler requesting an agenda
item to be placed on the next City Council meeting for consideration of an ordinance
implementing the recently approved property tax freeze. In anticipation of City Council
discussion, I have prepared possible questions that you may bring up during your deliberation.
Staff is in the process of assembling the information. I would appreciate your reviewing these
questions for any additional ones that you may have. We will attempt to assemble information
to your questions prior to the November 18 meeting.
?<c ;t?-jO .r....3
October 14. 2003
TO: Bil..L LINDLEY. CITY MANAGER
RE: PROPOSITION 13, PROPERTY TAX FREEZE FOR SENIOR CITIZENS, AGENDA ITEM,
OCTOBER2l,2003
We would like to begin discussions on the Request for Tax Freeze in CoUeyville, as presented by Sam
McCollough (atta<:hed), Senior Leadership Group and others by putting the request on the Council's
Agenda to begin public discussion.
Since this property fi'eeze can be effectlve as early as JanWlIy I, 2004, it Is Dot too early to begin a dlaJogue
taking inlO account the overwhelming majority of Colleyville citizens who voted for this measure.
We are attaching the sample resolution prepared by the Senior Leadership Group.
Thank you for your attenr t~ iq>ortant item.
~~L-U ~t./
Elaine H. Dolan. Place 2
=K ,J- ~M--
Rich Hendler, Place 3
Q & A - Over 65/Disabled Persons Property Tax Freeze
1. What is the projected growth of the senior population over the last five years and the
expected growth for the next five years?
FY
Endin
1998
Current
2008
(SOURCE: Tarrant Appraisal District certified tax rol/ dated July 25 of each year.)
2. What is the estimate of citizens who will turn 65 over the next several years?
Number of
Citizens Over
Census Age 65
1970 192
1980 344
1990 559
2000 1,100
2010 16,11
(SOURCE: NCTCOG Demographics Now.)
3. What is the combined value of property owned by seniors and the impact of the
current exemption value?
$185,650.807 before the Over 65/Disabled Exemption is applied
$132,679,379 after the Over 65/Disabled Exemption is applied
$ 159,854 average property value after exemptions are applied
(SOURCE: City of Colfeyville tax roll as of 10-01-03)
4. What are the tax rate and property exemptions for the area cities?
City
Euless
Hurst
NRH
Keller
Colleyville
Bedford
Grapevine
Southlake
Average
(SOURCE: City Finance Department.)
Property
Tax Rate
.4950
.4990
.5770
.4380
.3474
.3894
.3660
.4620
.4451
Over 65
Exemption
35,000
35,000
36,000
40,000
65,000
50,000
60,000
75,000
49,500
Disabled
Exemption
- 0 -
35,000
36,000
10,000
65,000
-0-
10,000
75,000
28,875
5. If the decision is to freeze the tax rate for seniors - can the City Council revoke or
reduce the current exemptions?
The law provides that any exemption in place at the time of approval of the Seniors property
tax freeze would remain in effect.
(SOURCE City Tax Office)
6. What is the last date that the City Council can consider approval of an ordinance
implementing the tax freeze for the 2005 fiscal year?
July 1SI, 2004
(SOURCE: City Tax Office)
7. Can the City Council hold a referendum on the issue and if so, what is the latest date
that this election can be held to allow
Yes
(SOURCE: City Tax Office)
8. Can the City Council place a ballot referendum before the voters?
Yes
9. What is the projected financial impact of the tax freeze being implemented?
Fiscal Year Annual
Ending Impact
2006 $15,667
2007 $17,604
2008 $19,643
2009 $21,789
2010 $24.045
2011 $26,418
2012 $28,911
2013 $31,530
2014 $34,280
2015 $37,176
Assumptions:
· 3% annualized increase in property valuation
· No property tax rate increase
· $65,000 Over 65-Disabled continued
· Annual increase of 82 Over 65 exemptions per year
10. If the tax rate is frozen for seniors, what happens to the TAD values? Are the TAD
values frozen or capped? Is this a true freeze of taxes or just a ceiling on what a
property owner pays?
The tax "freeze" or tax "cap" literally freezes the dollar amount of taxes paid. It does not freeze
the rate or the property valuation. This is a cap, meaning that if the property tax liability on an
over 65 account is lower than the cap in any given year, then the lower amount will be due.
(SURGE: Tarrant Appraisal District.)
11. If the Council approves the ordinance prior to December 31, when will it take effect
and be reflected on the property tax bills? If it is passed after January 1, when will it be
reflected on property tax bills?
If the ordinance is passed anytime before May 1, 2004, it will be reflected on the property tax
bills that are sent out in October, 2005. In other words, whether the City Council adopts the
tax freeze before December 31st, or it is adopted between January 1, 2004 and May 1, 2004,
the tax freeze will not go into effect (i.e. the amount of taxes will not actually be capped) until
the taxpayer receives the property tax billing in October of 2005.
(SOURCE: TAD, Texas Comptroller of Public Accounts - Property Tax Division.)
12. What constitutes a disability and who determines who is qualified as disabled for
the purpose of the exemption?
The criteria for disability are set out in Section 11.13(m) of the Texas Property Tax Code:
"1) "Disabled" means under a disability for purposes of payment of disability insurance
benefits under Federal Old-Age, Survivors, and Disability Insurance."
The TAD is responsible for determining the eligibility of any person applying for the
exemption. The applicant must provide medical documentation that meets the guidelines
set forth in the Property Tax Code.
(SOURCE: City Tax Office)
13. If the Property Tax Freeze were implemented, what is the effect on a $0.005, $0.01, and $0.03
increases in taxes have on the bUdget?
Tax Lost Additional
In crease Revenue
1'2 ce nt $6,634
1 cent $13,268
3 cent $39,804
14. Can the City Council limit the tax freeze to properties below a certain valuation?
No
15. What is the status of the various taxing entities associated with Tarrant County in
approving this tax freeze?
Tarrant County has not taken any action. The combined tax rate for all Tarrant County entities
is $0.6473
15. Specifically what did the approval of Amendment 13 (tax freeze initiative) provide
for?
Please see the memo attachment from the City Delinquent Tax Attorney.
16. What was the Constitutional Election vote margin in Colleyville for this tax freeze?
Category
Current Population 19,636 *
Number of Households 6,549 *
Number of Registered Voters 15,383**
Total votes in election 3,074**
Amendment 13 vote results 2,896**
For 2,497*"
Against 399**
(SOURCE' *2000 Federal Census; "City Secretary's Office)
~.
.....~I~
MEMORANDUM
Office of City Manager
TO:
Mayor and City Council
cc: Sam McCollough (via email)
Bill Lindley
Implementation of Proposition 13
September 30,2003
FROM:
SUBJECT:
DATE:
Enclosed is a copy of a Resolution adopted by the Northeast Tarrant Seniors group regarding
possible City Council approval of implementing provisions of the recently approved Proposition
13. I am also providing a copy of a page found on the groups website addressing need for tax
relief. An individual copy of the groups Resolution was provided in your personal mailbox. We
had 3,075 voters during the recent statewide election actually voting in Colleyville. Of this,
there were 2,497 that voted in support and 399 against Proposition 13.
Proposition 13 authorizes a city, a county, or a junior college district to establish a property tax
freeze on the residence homesteads of the disabled, the elderly, and their spouses which goes
into effect on January 1, 2004. The bill's authority to grant the "freeze" goes into effect the
same date. Enclosed are the bill and its companion analysis (HB 136), which provided for the
statewide election. The proposition appeared on the ballot as follows:
"The constitutional amendment to permit counties, cities and towns, and junior
college districts to establish an ad valorem tax freeze on residence homesteads of
the disabled and of the elderly and their spouses. "
In a FY2003 comparison of the seven surrounding cities, the property tax rate showed that
Colleyville ranked the lowest. The property tax rate of $0,3474 has been held for the last eight
years. During FY2003, the City Council increased the Over 65 Property Tax Exemption and
the Disabled Exemption to $65.000. These new levels of exemptions reduced $20,157,500
from the property tax base for FY2004.
Following up from a discussion last week with Mayor Hocutt about Proposition 13, I asked staff
to evaluate any impact from implementing this new provision. We should complete an
evaluation by next week looking at the historical growth in property valuations over the last
several years and what that has meant in property tax revenue growth. I will forward that
information to you as soon as we are able to complete it.
~=:r-,,"='~~-=~---====-~~~~-.;z
LEGAL MEMORANDUM
=--,=-,-==--=--=-=~==.=::='==;=--_--::==-.'=-=-==--~.=::..,-;;"-~..:c-=:..",,,._=~,=.~,-..,.="nl''-'-'~"'''"=;:'''-:'::'~'.&<'~'''''~.'iI:~,........~"""..;;;.c.i3:.",",,-,,'.'=="==-=,=,.~
FROM:
DATE:
R. BRUCE MEDLEY
11/14/03
THE IMPLEMENTATION AND EFFECTS Of THE OPTIONAL OVER-65/DISABLED CEILING
UNDER HJR 16 AND HB 136
The following memo is designed to answer questions concerning the Over-65/Disabled
Residence Homestead Ceiling for Cities, Counties, and Junior College Districts as
enacted in the 2003 Regular Session and as found in HJR16 and HB136. This memo will
begin by describing the effects of the ceiling on taxpayer and taxing unit and will then
discuss the ways that the ceiling can be enacted by an individual taxing unit. Each taxing
unit that chooses this option will do its own calculations, which could result in multiple
ceilings for the same property.
What the Ceilina is
The Tax Ceiling as contemplated by these provisions is almost identical in operation to
the tax ceiling which has been in place for School districts for years. The differences are
found in portability and in how the ceiling is put into place locally (discussed below)-
the basic mechanism of how the ceiling works is the same as with schools. First of all, it
must be noted that the ceiling is not a limitation on value; it is a limitation on the tax levy
of the particular district which chooses to enact it. Once a taxpayer qualifies his
homestead for the ceiling (by either being at least 65 or older or by qualifying as disabled
under Tax Code] 1.I3(c)), the assessor will makc a note of the levy that first year. In the
next full year, the assessor will compare the second years levy with the first year and the
ceiling will be set at the lesser of those two amounts. The reasoning for this is that if a
taxpayer qualifies a property as a residence after January first of any given year, they will
only receive the over-65/disability exemption for that unit in that year. Should the unit
also have an optional percentage exemption, it would go into place the next year, which
would lessen the amount of levy and also the amount oflhe ceiling.
Example: Bob, who is over-65, buys a home in the City of Erewhon in 1994, which has
opted to allow the ceiling. Bob's 1994 city tax is $600. In 1995, because the City also
allows an optional percentage exemption, Bob's city tax drops to $550. Bob's tax ceiling
is the lesser of the tax levies for 1994 and 1995, in this case, $550. As long as Bob keeps
the home qualified as his homestead and as long as he does not make any improvements
to the property, the tax levy for the City can not ever exceed $550. It can go down and
back up again, but cannot exceed the tax ceiling amount.
New improvements
As with school tax ceilings, if a taxpayer makes an improvement to his property not
required by City code or general maintenance, the Appraisal District will calculate the
amount of additional value attributed to that improvement. The assessor will then
calculate the tax based on that improvement value and add it to the ceiling amount.
Example: Bob adds a garage to his home in 1996. The Appraisal District values that
new improvement at $10,000. The assessor applies the 1996 tax rate to that value and
comes up with a tax amount of$85. The assessor will add the $85 to Bob's existing
ceiling which will now be $635.
Portability
Taxpayers who are qualified for the tax ceiling can also move some or all of that ceiling
to a new homestead. Unlike the portability provisions for schools, the qualified taxpayer
can only "port" his ceiling to another homestead within the same city, county, or junior
college district. The amount of ceiling transferred is calculated by dividing the amount of
the ceiling by the amount oftaxes which would have been imposed had no ceiling been in
effect. That fraction is then applied to the tax on the new homestead to arrive at the new
ceiling.
Survivability
When the qualified taxpayer dies and is sw-vived by a spouse who is either over-55 or
disabled, the original ceiling remains in place. If the qualified taxpayer dies in the first
year of qualification, the assessor will again set the ceiling at the lesser amount of the
first and second year taxes.
2
How tbe local ontioD is taken
HJR16 provides two mechanisms for the governing body of a dty, county, or junior
college to put the tax ceiling into effect. First, the governing body can, by majority vote,
decide to enact this local option. Second, a petition signed by 5% of the registered voters
of that unit can force a local election on the ceiling - a majority vote in that election
would put the ceiling into effect.
Note: Although HJR 16 does not have an effective date, HB 136 does. It could be argued
that any action taken before HB136's effective date of January l, 2004 would be
ineffective as to the ceiling Therefore, if this action is to be taken, It should wait until
after January 1.
Fistsl imn3ct
The section does provide that the values of those residences affected will not be used in
the calculation of the effective tax rate. Unfortunately, enactment of the ceiling will
obviously still result in lost revenue. There is no real way to estimate the fiscal impact of
enacting this provision since the amount of lost revenue would be dependent on how
much the levy would increase without the ceiling in place - and that increase is
dependent on value fluctuations and tax rate differences from year to year. There would
of course be no impact the first year of enactment.
3
~
MEMORANDUM
Office of City Manager
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Bill Lindley
Over 65 Property Tax Exemption
January 30, 2003
Councilmembers Newton and Hendler requested an agenda item for City Council
consideration of an adjustment to the current $45,000 Over 65 Property Tax Exemption. As a
follow up to this request, Mr. Newton asked for analysis of a $15,000 increase to the current
exemption level. The intent for this exemption level was to be comparable with the City of
Grapevine exemption rate.
Discussion for possible adjustment to the Over 65 exemption is scheduled for the February 4,
2003 City Council. As a courtesy, staff will notify Mr. Ed Hardesty of the meeting since this
discussion is a follow-up to his request to the City Council for consideration of increasing the
exemption.
Colleyville's property tax revenues provide a higher percent of total available revenue
compared to surrounding cities. Table 1 shows the percent of property tax collections to all
revenues for our peer cities for the FY 2003 budget.
Table1
PROPERTY TAX ALL
CITY REVENUE REVENUES PERCENT
Bedford $5,229,686 $22,390,563 234%
Colleyvllle $6,197,339 $12,210,959 50.8%
Euless $5,733,646 $20,603,835 27.8%
Grapevine $7,089,863 $38,396,484 18.5%
Hurst $7,207,000 $25,988,000 27.7%
Keller $6,542,130 $16,805,970 38,9%
NRH $8,988,724 $31,544,400 28.5%
South lake $10,054,954 $19,066,190 52.7%
Average $7,263.715 $24,970,777 31.1%
The Property Tax Code allows for a taxing entity to provide various property exemptions. Of
the several available, one is for property owners who are over the age of 65. This property tax
exemption is referred to generally as the Over 65 exemption. A governing body levies the
exemption at any level (tens, hundreds, or thousands of dollar increments).
The concept of providing this exemption is a philosophy that this group of property owners may
have fixed incomes and also may not utilize all city services. During the last several years,
property owner interest groups have promoted a statewide-mandated Over 65 exemption to
the Legislature. On a local level, there is an interest by the Senior Northeast Leadership for
area cities to have comparable exemption levels.
The Over 65 exemption was increased to $45,000 in 1993 with the adoption of 0-93-915. Any
increase in the exemption would have to be implemented prior to July 1 to be effective in the
current calendar year tax cycle. Between January 1 and April 30, the Tarrant Appraisal District
processes applications for tax exemptions. By September, the City Council sets the
succeeding years tax rate. Tax collections begin October 1 and tax payments are due by
January 1.
There are 761 homes this year receiving the $45,000 exemption. Table 2 shows that 14.5% of
owners with the exemption have a house valued below $100,000. However, those owning a
house between $100,000 to $399,000, account for 78%. The average home value of an Over
65 exemption is $213,324. Applying an additional $15,000 exemption against the $0.3474 mill
rate yields a savings of $52.11 to a property owner.
Table 2
Home Va/ue EXf-'rnptlo/Js'
U/J,/cl S4-J.U99 3
SI50()()-5~9.99'J 19
$(i() ()(!O . 59Y.O(}() 88
$100. ()(I()- S 1 'J') [IOU 323
S2()(} (JOO. S>'!i!J. ()()() 183
$300.000 - $199. (!UU 92
$tlOo. uou . 5-1~J9. 000 23
5500.000 S599.00() 13
5600.000 - 5699 (J()() 6
$7000UO S799()()() 1
$800. 000 SiiY~J. ()()() 4
$900 OOU 5990. (JOU 1
Over $1,000,000 2
Table 2 does not add up to the 761 accounts since 3 of the accounts are split
for individual Trust purposes
Table 3 provides a comparison of the tax billing to a similar valued property with the Over 65
exemption adjustment. The higher the base value of a house the less impact a property
exemption has is seen in this table.
Table 3
$ 34.74
$ 69.80
$ 104.22
$ 191.07
$ 364.77
$ 451.62
$ 538.47
$ 717.17
$ 885.87
$1,059.57
$1,233.27
$0.00
$0.00
$69.48
$121.59
$295.29
$382.14
$468.99
$642.69
$816.39
$990.09
$1,163.79
Establishing property tax rates and associated exemptions is a public policy determination of
how to pay for services and to what level those costs are shifted within a property value matrix.
When considering tax policy issues, it is helpful to look at area cities in considering tax rate
and property exemptions. Interestingly, Colleyville's tax rate is the lowest of the seven peer
cities and the Over 65 exemption level is 17% below the average of $53,036.
City TdX Rate ExemptIOn
Table 4
Eu/ess
Hurst
NRH
KeJ/er
Col/eyvi//e
Bedford
Grapevine
South/ake
Average
Range
$0.497254
$0.499000
$0.570000
$0.438000
$0.347400
$0.384051
$0.366000
$0.462000
$0.459472
$0.204000
$30,000
$35,000
$35,000
$40,000
$45,000
$50.000
$60,000
$75,000
$53,036*
$45,000'
. NOTE: Excludes Co/leyvitle
Over the years, Colleyville has developed into a residentially based city. Table 5 shows the
distribution of property value for the surrounding cities. Colleyville is non-traditional in its
concentration of homes as a percent of all property values. This has lead to reliance over the
years of protecting home values to minimize reductions in the tax base.
Table 5
Tota/
Other Res.
Real Personal As%
Res. Comm. /ndust. Prop. Property Tota/ of
City Value Value Value Value Value Value Value
Bedford $1,665 $455 $5 $2,912 $256 $2,998 55.5%
Colleyville $2,066 $143 $0 $306 $83 $2,598 79.5%
Euless $980 $308 $7 $1,386 $429 $3,111 31.5%
Grapevine $1,848 $1 , 198 $14 $2,916 $2,324 $8,298 22.3%
Hurst $1,181 $509 $6 $382 $297 $2,375 49.7%
Keller $1,880 $163 $3 $395 $99 $2,540 740%
NRH $1,880 $617 $30 $625 $328 $3,479 54.0%
Southlake $2,518 $519 $6 $780 $241 $4,064 62.0%
Average * $1,752 $489 $9 $925 $568 $3,838 499%
. NOTE - Excluding Colleyvllle Values in millions
Past annual operating budgets for Colleyville have been based principally on anticipated
revenues generated from the property tax. Property tax revenue for the FY 2003 Budget
accounts for nearly 80% of available revenues for Colleyville. The area cities average percent
of property tax revenue to all revenues is just under 50%. This variance creates a need for
policy discussion by the City Council as it considers potential reductions in the revenues from
the core source of operational funding.
The current $45,000 exemption results in a taxable loss of $117,452 in revenue to the City.
The City Council may want to evaluate the loss in revenues from any increase in exemptions.
To keep this review "apples to apples", staff recalculated the Effective Tax Rate schedule for
FY 2003 assuming the $60,000 exemption would have been effective for this budget year. By
increasing the exemption to $60,000 on the 761 accounts, there would be a value loss of
$11,415,000 and a revenue loss of $39,641. Tables 6 reflect the impact of an increase in the
exemption.
Table 6.1
Comparison of current tax rate to exemption level
Property
Tax Rate
o & M tax rate
I & S tax rate
Total tax rate
Over 65
Exemption
$45,000
$0.272230
$0.075170
$0.347400
Total
Levy
$6,434,796
$1,776,820
$8,211,615
Over 65
Exemption
$60,000
$0.271865
$0.075535
$0.347400
Total
Levy
$6,395,135
$1,776,825
$8,171,959
Variance
(Lost Tax
Revenue)
$(39,661 )
$ 5
$(39,654)
Table 6.2
Tax rate needed to recover lost value
Over 65 Over 65 Variance
Property Exemption Total Exemption Total (Lost Tax
Tax Rate $45,000 Levy $60,000 Levy Revenue)
o & M tax rate $0.272230 $6,434,796 $0.273551 $6,434,788 $ (8)
I & S tax rate $0.075170 $1.776.820 $0.075535 $1.776.825 $ 5
Total tax rate $0.347400 $8,211.615 $0.349086 $8,211,612 $ (3)
Table 6.3
Tax rate needed to remain under 8% Rollback Rate
Over 65 Over 65 Variance
Property Exemption Total Exemption Total (Lost Tax
Tax Rate $45,000 Levy $60,000 Levy Revenue)
0& M tax rate $0.272230 $6,434,796 $0.272145 $6,401,721 $(33,075)
I & S tax rate $0.075170 $1.776.820 $0.075535 $1 ,776.825 $ 5
Total tax rate $0.347400 $8,211,615 $0.347680 $8,178,546 $(33,069)
As mentioned, applying an additional $15,000 to the exemption has a fiscal impact of losing
nearly $40,000 in revenues. The 0 & M tax rate of $0.273551 (Table 6.2) requires a 10.86%
increase above the Effective Tax Rate of $0.251989 to make up this difference. Table 6.3
shows that keeping the tax rate adjustment below the 8% Rollback rate yields just over a
$33,000 loss of revenue.
Generally, the regional and local economy is - at best - flat. Staff is projecting minimal revenue
increases for the FY 2004 Budget. Anticipated revenue increases for the upcoming budget
were identified for planned expense adjustments during this year's budget process. Thus,
managing the tax rate will require either further budget decreases or a tax/user rate increase to
cover the impact of the additional $15,000 exemption. Either approach will require City
Council policy direction.
There are limitations on the City Council being able to manage the impact of increasing the
exemption. As an alternate, the City Council may elect instead to evaluate a discount for utility
payments by property owners over age 65. A discount can be applied to the monthly minimum
utility bill. The current utility billing has a minimum payment of $20.60 for water and sewer,
This base billing is charged to cover associated monthly basic overhead costs and water-
sewer usages of 2,000 gallons.
As seen in Table 7, Colleyville's minimum rate is 0.08 percent above the average of the
surrounding cities. Bedford, Euless and North Richland Hills do not include any gallon usage
in a minimum water bill. Bedford, Euless, Hurst, and North Richland Hills do not include any
usage in their minimum sanitary sewer bill. When including the rate these citizens pay for
2,000 gallons of water and sanitary sewer with the minimum bill, the averages increases to
$15.19 for water and $9.19 for sanitary sewer service. A survey of the cities determined that
Bedford offers a $1.00 Over 65 adjustment for utility payments.
Table 7
Minimum Minimum Minimum 065
City Water Sewer Combined Minimum
BedfoFlf .... $1000 $4.46 $14.46 $13.46
Colleyville $12.00 $860 $20.60 $16.60
Euless $706 $520 $12.20 $12.20
Grapevine $975 $7.80 $17.55 $17 55
Hurst $9.24 $6.69 $15.93 $15.93
KellSr $19.77 $11.56 $31.33 $31.33
NRH $900 $722 $1622 $16.22
South lake $2616 $9.50 $35.66 $35.66
A verage * $12.99 $7.46 $2048 $20.34
* NOTE Excluding Colleyvifle
For discussion purposes, the City Council may consider reducing the minimum for water billing
to $8.00. This equates to a yearly $48.00 savings to a customer. This utility adjustment is
comparable to the $39,641 General Fund loss provided by the additional $15,000 exemption.
The impact, however is the owner of a $400,000 house realizes the same level of savings as
the owner of a $55,000 house with the utility adjustment. Recall that Table 3 showed how the
property tax exemption slides with lower savings for higher valued houses.
If the City were to proceed with this approach of an adjustment, the Utility Fund would only
lose $36,528 in the FY 2003 budget. To offset this, and not impact operational services, the
per 1,000 rate could be increased by $0.01 for all customers, which is a 0.03 percent increase.
This rate adjustment could be incorporated with the planned rate adjustments for the FY 2004
budget. This planned rate adjustment is the second in a two-part rate adjustment plan for
utility relocation for the State Highway 26 project and possibly the Northeast Water Ground
Storage Tank.
It is helpful to consider the current rates in relation to surrounding cities to determine utility rate
sensitivity by the ratepayers. Table 8 reflects the current rates of the surrounding cities for
15,000 water and 10,000 sanitary sewer gallon usages per month usage. The planned rate
adjustments for State Highway 26 are incorporated in this rate table.
Table 8
City Water Sewer Combined
Bedford $41.05 $15.06
.. .......-. .
Colleyville $49.31 $23.00
Colleyville
wiG 65 $45.31 $23.00 $68.31
Euless $42.10 $19.10 $61.20
Grapevine $45.37 $33.88 $79.25
Hurst $57.60 $28.01 $85.61
Keller $55.65 $28.04 $83.69
....._....-.-..-..... . ---- - .._---.....~--
NRH $58.20 $22.42 $80.62
Southlake $64.41 $24.86 $89.27
.__~:.~:~~~~~~.4~~__.~,~:::=wJ
* NOTE: Excluding Colleyville
In summary, an increase in the Over 65 exemption has been shown to have an impact to
available revenues, tax adjustments, and operational funding. The development and structure
of an annual operating budget is by its nature a process of allocating scarce resources.
Colleyville is not unique in not being able to meet all its needs - that is why cities go through
the budget development process.
Budgets are built upon a reasonable expectation of anticipated revenues. This previous year
witnessed cities across the metroplex having to adjust expense plans to reduced revenues
because of the economy. This economic adjustment was beyond City Council control. A
discussion by the City Council on this topic is different in that you are able to determine the
level of fiscal impact by reducing revenues,
An increase in the Over 65 exemption will create either a property tax increase or a loss in
revenues. By avoiding this, the City Council can provide an Over 65 adjustment to the utility
minimum monthly billings. Unfortunately, this yields a constant savings across the board to
each of them. In light of trying to minimize negative impacts to the General Fund, this later
approach provides the least impact financially to the City Council servicing citizen needs.
CITY COUNCIL
(Dt~t\~JWC1l AGENDA BRIEFING
1"t'_\;>S
MEETING DATE: i 02/18/03 CITY MANAGER I
,
ITEM#: ! 5 OEPARTMENT HEAD i
OROINANCE #: , 0-03-1390 i
FINANCE REVIEW i
Previous Action: None
DEPARTMENT: OFFICE OF CITY MANAGER
SUBJECT: Approval to rescind Ordinance 0-93-915 and exempt
a portion of the market value of resident
homesteads of persons sixty-five years of age or
older and disabled persons from ad-valorem taxes,
rendered after the passage of this ordinance
Second Reading and Public Hearing
During the February 2, 2003 City Council meeting a couple of items were requested by the City
Council. Staff was unable to determine a consistent correlation for an average water usage by
value of house for customers over age 65 in a random sampling. From the test sampling, it
would appear that this group uses a monthly average of 14,730 gallons of water over an
annual basis. Comparing this to an overall customer base average, the Over 65 group uses
approximately 3,300 gallons less water per month.
From 1997 to 2002, the number of property owners over age 65 claiming the property tax
exemption has increased by an average of 8.8% each year. Projecting then to 2010, using
the same growth rate of exemption qualifications, there would be potentially 1.494 accounts
receiving the exemption.
First Reading and Public Hearing
Backoround
The Over 65 exemption was increased to $45,000 in 1993 with the adoption of 0-93-915. Any
increase in the exemption would have to be implemented prior to July 1 to be effective in the
current calendar year tax cycle. Between January 1 and April 30, the Tarrant Appraisal District
processes applications for tax exemptions. By September, the City Council sets the
succeeding years tax rate. Tax collections begin October 1 and tax payments are due by
January 1.
Financiallmoact
The current $45,000 exemption results in a taxable loss of $117,452 in revenue to the City.
The City Council may want to evaluate the loss in revenues from any increase in exemptions.
To keep this review "apples to apples", staff recalculated the Effective Tax Rate schedule for
FY2003 assuming the $60,000 exemption would have become effective for this budget year.
Agenda Briefing
Ordinance 0-03-1390
Page 2 of 2
By increasing the exemption to $60,000 on the 761 accounts, there would be a value loss of
$11,415,000 and a revenue loss of $39,641.
Recommendation
Adopting the additional $15.000 exemption will require either a reduction in the FY2004
expense plan or an increase in other revenues. Either option will be difficult with the current
regional economy. As an alternate, the City Council may elect instead to evaluate a discount
for utility payments by property owners over age 65.
Attachments
· City Council memo dated January 30, 2003
· Over 65 water usage
· Ordinance 0-03-1390
Page I V. .J
..~
82162 (OOLAN, ELAINEGA123
From: sammccollough Isamll1ccollough@corm;asl.net [sammccollough@comcast.nel]
Sent: Wednesday, September 24. 2003 6:44 PM
To: S8mmc~ollough Isammccollough@attbi.com
Cc:: sammccollough Isammccollough@comcast.net
Subject: Request for,Tax Freeze in Mail to Tarrant County taxing entities
Our Resolutiolllo OftiCi,11s ill the) 5 North\:il,t Tarrant Coulltv Cities alld to Tarrant County officials 1;,;.:
been placed in the mail. You will fil1d tlte bdmv SlIJlllnal, 0[' our Resolutions at the websitc
ht!p/lw,~wllelarralllseniors coml
REQUEST FOR TAX FRI,:[ZI.: IN T/\RRANT COUNTY TEXA:'
Oc1ober I. 2003
On O('tobt'I' I. 2Q03, the NOl'th East Tarrant Counly Senior Leadership Group sent till' helm'.
individulIls requesting tlwt c:u:h pl:ILT :111 item all their A~ell(lll to Fl'l'l'lC t:lX ful' disabled an::
oVl"r-65Il'lxpllyrrs, We rl'flur-stl',llhat the)' lldvisr our GI'Olll' b~' .I:muar,' 1.2004 reglln[ing. tht,:"
intl'lIt!ol\~.
TO
It was IlInikd 10 the M".vor and ~;!dl ( <lulle'il \klllbel rur lkdrord. Collcyvillc. Eulcs,;, GI';]pcvi;'.c
Haltom CilY, Has lei. Hur,'., Kdier."'>lllll.:idl"'I1J Hill,. I~icll'alld Hi!Le., 1<0.1nol,;". SoutlllaK~,
Trophy Ciub, Watauga. and WC:-.tla""
2 [t was nlaikd wtlle Coul1ty .lm!C:L' CIII<1'C,\ci, ("'UIII)' ('olllmi"'I"I1~r
:l It was Illililcd to each mcmber llrlll<' [ll1Hld ul'\;!;\ild~el;.I~)rthL' JPS Hospital
4 It was mailed III each 111('11111\'1' LlI'tll<' TIIIT,1111 (',)lint\ ('\)IICt;l' B0<11'c1 ()j'TI1IS1l'CS
Subject ,\d ValLlrel1l t,,~cs basel; "n .11'I','",,;t1,..>I' iJl>llll:st<':iJd, 1i.'1 di,dlJlcd .lI1d OV8r-65 hornellwlIcrc
"'hen'as: On Scptcmber I~. 20(); Iii,' \ Okl' \11"1 ,'\a, ~a\c OWl-whelming approval 10 Amendment 1'-.1.
13 alld:
Where;IS: The Tc.,as C<lllstillll;LlI1 IlIW. 1I"I,"it, CIHII11ics, cities and [OWIlS. ilnd .illl1ior college districts '.1
establish an ad v,llorem tax J'rCl?C on ic"idcI1Ct: hOll1eslead, llr till' dl,nbkct and of the e1dt'l'ly ilml their
spouses. and:
Whereas; This would NOT dcere,I~(, c:.\istJtl1"- 1<I\/I'\:I'-'11L1L' 1'01 ~'om la.\ing entity, but would keep ta:o;(':.
for the disabled and over-65 h"111CtlWnCrs fllll11 c:o;cc:cdin~ thL' "mount or ta.\ they are paying when lhc
are disabled or 1'Cilch Ihc age: or (". ~lId.
Whereas; Implcmel1liltion ofa la.\ fll:l'"l' 1'''1 dl'ilhkrl illld Ol'n-I':; homestcad OWI1ers in yom lilAing
entity, will make homestead ta:\ law Illr \'0111' t;"ing entilY the same as the homestead ta\ iJolicy J'or
independent school districts
Since P,'npusilioll 13 was approVl'lI hI' X ("/" of' Tt'Xrls \'oH'rs, il freeze or fHllncslead lax for disab,'::;
10/1/2003
Page _ of}
...
J over-liS homestead o,,:i!ers :lS ';\ I'csllll of IIl'1iliolls HUrl all clcclion i~ :1 distinct possibility.
an Sllve lal(l'lIycl'S tht, cost 01';\11 I'IC('I;oll h~' :1('lill:.: Oil this 1{('Sllllllioll ami ('It,Il.till;: all ordina.
to rreeze homestead tax for c1isahkd :uHlo\'{'r-li:, h(lIl1('stl'ml tllxp"yers.
Therefore, we tl1e North Ea,1 Senior l.eadcl'ship ('lUll!, ll"IWell'L1l1y ask lllal YOlll' body 1)]dCC ,1111\('l',
your Agenda prior to January l. 2004 to con:;ider and implement freezing taxes on the homesteads 0'. 'c'
elderly and disabled in YOllljuri,diclioll We rrQll('st thnt YOII ad\'ise 0111' Group at
II/ETS,e.niors(iilcomraSI.IJCI or YOlll' dccisiolJ abml\ placillg this issuc 011 your agclIlf:l.
Signed bl:
Charles Cole Joe Deupree Jack Lewis Sam McCollough,
Committee Member
Committee Member Committee Member Committee Member
North Richland Hilts, Colleyvil1e, Texas Haltom City, Texas Colleyville, Texas
Texas
Visit our wehsite at: htln-/Jw\\ w T1clarralltsel1iC\r~ C01n/
---,
,
,
-i
AGENDA &. MINl.1TES GOAl.S LINKS
MISSION Need 1'", Ta\ Rc'lieoJ' Ir:ONT'\c'l US
-
H.QME R~(jllcsr To Freeze TiI\ ;fl T:::',
Ir'olll.llll\" 1\'::--:;1:-'
llSF nlls N" V1C.\TION R,\ R TO vln-\' THIS WEBSITE
-~-I
COlllat.t Ih,' wt'tllllasle,' Sam ,\!c('"llclIIgh () c' ~:1 7 -21>.3-10112 1'0" qtlc~\j()n~ :lb{)tn this ~cl>sik
REQUEST FOR TAX.FREEZE IN TARRANT COUNTY TEXAS
October 1 , 2003
On October 1, 2003, the North East Tarrant County Senior Leadership Group sent the below individc:":s
requesting that each place an item on their Agenda to Freeze tax for disabled and over-65 taxpayers. ,. c
requested that they advise our Group by January], 2004 regarding their intentions.
TO:
]
It was mailed to the Mllyor and'-each Council Member for Bedford, Colleyville, Euless, Grape\
Haltom City, Haslet, Hurst, Keller, North Richland Hills, Richland Hills, Roanoke, Southlak.e,
Trophy Club, Watauga, and Westlake
It was mailed to the County Judge and each County Commissioner
[t was mailed to each member of the Board of Managers for the JPS Hospital
Lt was mailed to each member of the Tarrant County College Board of Trustees
2.
3.
4.
Subject. Ad Valorem taxes based on appraisals of homesteads for disabled and over-65 homeowner"
Whereas; On September 13,2003 the voters of Texas gave over-whelming approval to Amendment ,,'
13 and;
10/1/2003
~
MEMORANDUM
Office of City Manager
TO:
FROM:
SUBJECT:
DATE:
Mayor and City Council
Bill Lindley
Over 65 Property Tax Exemption
January 30, 2003
Councilmembers Newton and Hendler requested an agenda item for City Council
consideration of an adjustment to the current $45,000 Over 65 Property Tax Exemption. As a
follow up to this request, Mr. Newton asked for analysis of a $15,000 increase to the current
exemption level. The intent for this exemption level was to be comparable with the City of
Grapevine exemption rate.
Discussion for possible adjustment to the Over 65 exemption is scheduled for the February 4,
2003 City Council. As a courtesy, staff will notify Mr. Eel Hardesty of the meeting since this
discussion is a follow-up to his request to the City Council for consideration of increasing the
exemption,
Colleyville's property tax revenues provide a higher percent of total available revenue
compared to surrounding cities. Table 1 shows the percent of property lax collections to all
revenues for our peer cities for the FY 2003 budget
Table1
PROPERTY TAX ALL
CITY REVENUE REVENUES PERCENT
Bedford $5,229,686 $22,390,563 234%
Colleyville $6,197,339 $12.210,959 50.8%
Euless $5,733,646 $20,603,835 27.8%
Grapevine $7,089,863 $38,396,484 18.5%
Hurst $7,207,000 $25,988,000 27.7%
Keller $6,542,130 $16,805,970 38.9%
NRH $8,988,724 $31,544,400 28.5%
Southlake $10,054,954 $19,066,190 52.7%
Average $7.263.715 $24,970,777 31.1%
The Property Tax Code allows for a taxing entity to provide various property exemptions. Of
the several available, one is for property owners who are over the age of 65, This property tax
exemption is referred to generally as the Over 65 exemption. A governing body levies the
exemption at any level (tens, hundreds, or thousands of dollar increments),
The concept of providing this exemption is a philosophy that this group of property owners may
have fixed incomes and also may not utilize all city services During the last several years,
property owner interest groups have promoted a statewide-mandated Over 65 exemption to
the Legislature. On a local level, there is an interest by the Senior Northeast Leadership for
area cities to have comparable exemption levels.
The Over 65 exemption was increased to $45,000 in 1993 with the adoption of 0-93-915. Any
increase in the exemption would have to be implemented prior to July 1 to be effective in the
current calendar year tax cycle. Between January 1 and April 30, the Tarrant Appraisal District
processes applications for tax exemptions, By September, the City Council sets the
succeeding years tax rate. Tax collections begin October 1 and tax payments are due by
January 1.
There are 761 homes this year receiving the $45,000 exemption. Table 2 shows that 14.5% of
owners with the exemption have a house valued below $100,000. However, those owning a
house between $100,000 to $399,000, account for 78%. The average home value of an Over
65 exemption is $213,324. Applying an additional $15,000 exemption against the $03474 mill
rate yields a savings of $52.11 to a property owner
Table 2
Unrlle Vil/llt'
/)U:!I-'I :,~';'~j 011q
J,4501l0 ~"') 099
S60 uW . :99 oeo
Ji 100 0011 - ..~ ;19. :JOO
:j,200 ou;p<,q 000
'!,300 (J(JO - g399 000
$400.000 - 349900U
$:)00000 }5990Ua
$600.000 .'/iu990e)(}
$700.000 - $799 000
$300. mo . Ji899 000
$900.000. 'f9'19 (JOO
O"(JI :/; '.000.000
I. xUlIlllt/U/lS'
3
19
"j,'"
":)0
3n
'63
\12
23
13
o
1
4
1
2
Table 2 does nor add up to th& 761 accounts since 3 of the accounts are split
for individual Trust purposes.
Table 3 provides a comparison of the tax billing to a similar valued property with the Over 65
exemption adjustment. The higher the base value of a house the less impact a property
exemption has is seen in this table.
Table 3
$ 34.74
$ 69.80
$ 104.22
$ 191.07
$ 364.77
$ 451.62
$ 538.47
$ 717.17
$ 885.87
$1,059.57
$1,233.27
$0.00
$0.00
$69.48
$121.59
$295.29
$382.14
$468.99
$642,69
$816.39
$990.09
$1,163.79
Establishing property tax rates and associated exemptions is a public policy determination of
how to pay for services and to what level those costs are shifted within a property value matrix.
When considering tax policy issues, it is helpful to look at area cities in considering tax rate
and property exemptions. Interestingly, Colleyville's tax rate is the lowest of the seven peer
cities and the Over 65 exemption level is 17% below the average of $53,036.
Table 4
lAy loJ\ R,lc bt'/Ilpltofl
Euless
Hurst
NRH
Keller
Colleyville
Bedford
Grapevine
South/ake
Average
Range
. NOTE: Excludes Col/eyvifle
$0.497254
$0,499000
$0.570000
$0.438000
$0347400
$0.384051
$0.366000
$0.462000
$0.459472
$0.204000
$30,000
$35,000
$35,000
$40,000
$45,000
$50,000
$60,000
$75,000
$53,036"
$45,000'
Over the years, Colleyville has developed into a residentially based city. Table 5 shows the
distribution of property value for the surrounding cities. Colleyville is non-traditional in its
concentration of homes as a percent of all property values. This has lead to reliance over the
years of protecting home values to minimize reductions in the tax base,
Table 5
Total
Other Res.
Real Perliona/ As%
Res. Comm. /ndust. Prop. Property Total of
City Value Value Value Value Valuft Value Value
Bedford $1,665 $455 $5 $2,912 $256 $2998 55.5%
Colleyville $2,066 $143 $0 $306 $83 $2,598 79.5%
Euless $980 $308 $7 $1.386 $429 $3,111 31.5%
Grapevine $1,848 $1,198 $14 $2.916 $2,324 $8,298 22.3%
Hurst $1,181 $509 $6 $382 $297 $2,375 497%
Keller $1,880 $163 $3 $395 $99 $2,540 740%
NRH $1,880 $617 $30 $625 $328 $3,479 54.0%
Soulhlake $2,518 $519 $6 $780 $241 $4,064 62.0%
Average' $1,752 $489 $9 $925 $568 $3,838 49.9%
. NOTE - Excluding Col/eyvil/e Values in millions
Past annual operating budgets for Colleyville have been based principally on anticipated
revenues generated from the property tax, Property tax revenue for the FY 2003 Budget
accounts for nearly 60% of available revenues for Colleyville. The area cities average percent
of property tax revenue to all revenues is just under 50%. This variance creates a need for
policy discussion by the City Council as it considers potential reductions in the revenues from
the core source of operational funding.
The current $45,000 exemption results in a taxable loss of $117,452 in revenue to the City.
The City Council may want to evaluate the loss in revenues from any increase in exemptions.
To keep this review "apples to apples", staff recalculated the Effective Tax Rate schedule for
FY 2003 assuming the $60,000 exemption would have been effective for this budget year. By
increasing the exemption to $60,000 on the 761 accounts, there would be a value loss of
$11,415,000 and a revenue loss of $39,641. Tables 6 reflect the impact of an increase in the
exemption.
Table 6.1
Comparison of current tax rate to exemption level
Over 65 Over 65 Variance
Property Exemption Total Exemption Total (l.ost Tax
Tax Rate $45,000 Levy $60,000 l.evy Revenue)
o & M tax rate $0.272230 $6,434,796 $0.271865 $6,395,135 $(39,661)
I & S tax rate $0.075170 $1.776.820 $0.075535 $1.776.825 $ 5
Total tax rate $0.347400 $8,211.615 $0.347400 $8,171,959 $(39,654)
Table 6.2
Tax rate needed to recover lost value
Over 65 Over 65 Variance
Property Exemption Total Exemption Total (Lost Tax
Tax Rate $45,000 Levy $60,000 Levy Revenue)
o & M tax rate $0.272230 $6,434,796 $0.273551 $6.434,788 $ (8)
I & S tax rate $0.075170 $1, 776,820 $0.075535 $1.776,825 $ 5
Total tax rate $0.347400 $8,211,615 $0.349086 $8,211,612 $ (3)
Table 6.3
Tax rate needed to remain under 8% Rollback Rate
Over 65 OV8r65 Variance
Property Exemption Total Exemption Total (Lost Tax
Tax Rate $45,000 Levy $60,000 Levy Revenue)
o & M tax rate $0.272230 $6.434,796 $0.272145 $6,401,721 $(33,075)
I & S tax rate $0.075170 $1 .776 820 $0.075535 $1. 776.825 $ 5
Total tax rate $0347400 $8,211,515 $0.347680 $8,178.546 $(33,069)
As mentioned, applying an additional $15,000 to the exemption has a fiscal impact of losing
nearly $40,000 in revenues. The 0 & M tax rate of $0.273551 (Table 6.2) requires a 10.86%
increase above the Effective Tax Rate of $0.251989 to make up th;s difference. Table 6.3
shows that keeping the lax rate adjustment below the 8% Rollback rate yields just over a
$33,000 loss of revenue.
Generally, the regional and local economy is - at best. flat. Staff is projecting minimal revenue
increases for the FY 2004 Budget. Anticipated revenue increases for the upcoming budget
were identified for planned expense adjustments during this year's budget process. Thus,
managing the tax rate will require either further budget decreases or a tax/user rate increase to
cover the impact of the additional $15,000 exemption. Either approach will require City
Council policy direction.
There are limitations on the City Council being able to manage the impact of increasing the
exemption. As an alternate, the City Council may elect instead to evaluate a discount for utility
payments by property owners over age 65. A discount can be applied to the monthly minimum
utility bill The current utility billing has a minimum payment of $20.60 for water and sewer.
This base billing is charged to cover associated monthly basic overhead costs and water-
sewer usages of 2,000 gallons.
As seen in Table 7, Colleyville's minimum rate is 0.08 percent above the average of the
surrounding cities. Bedford, Euless and North Richland Hills do not include any gallon usage
in a minimum water bill. Bedford, Euless, Hurst, and North Richland Hills do not include any
usage in their minimum sanitary sewer bill. When including the rate these citizens pay for
2,000 gallons of water and sanitary sewer with the minimum bill, the averages increases to
$15.19 for water and $9.19 for sanitary sewer service. A survey of the cities determined that
Bedford offers a $1.00 Over 65 adjustment for utility payments
Table 7
Minimum
City Water
Bedford' $10.00
, .
Colleyvijle $1200
J;:;uless $7.06
G.tap~\line $9.75
. Hurst $9 24
Keller $1977
NRH $9.00
. Southlake $26.16
Average' $12.99
. NOTE: Excludirrg Colleyville
Minimum
Sewer
$4.46
$860
$5.20
$780
$669
$1156
$7.22
$950
$7. 46
Minimum
Combined
$14.46
$20.60
$1220
$17.55
$15.93
$31.33
$16 22
$35.66
$2048
065
Minimum
$13.46
$16.60
$12.20
$17.55
$1593
$31.33
$16.22
$35.66
$20.34
For discussion purposes, the City Council may consider reducing the minimum for water billing
to $8.00. This equates to a yearly $48.00 savings to a customer. This utility adjustment is
comparable to the $39,641 General Fund loss provided by the additional $15,000 exemption.
The impact, however is the owner of a $400,000 house realizes the same level of savings as
the owner of a $55,000 house with the utility adjustment. Recall that Table 3 showed how the
property tax exemption slides with lower savings for higher valued houses.
If 1he City were to proceed with this approach of an adjustment, the Utility Fund would only
lose $36,528 in the FY 2003 budget. To offset this, and not impact operational services, the
per 1,000 rate could be increased by $0.01 for all customers, which is a 0.03 percent increase.
This rate adjustment could be incorporated with the planned rate adjustments for the FY 2004
budget. This planned rate adjustment is the second in a two-part rate adjustment plan for
utility relocation for the State Highway 26 project and possibly the Northeast Water Ground
Storage Tank.
It is helpful to consider the current rates in relation to surrounding cities to determine utility rate
sensitivity by the ratepayers. Table 8 reflects the current rates of the surrounding cities for
15,000 water and 10,000 sanitary sewer gallon usages per month usage. The planned rate
adjustments for State Highway 26 are incorporated in this rate table.
Table 8
r---city-----:- Water "[Sew. ei-it. ombined
, I. .
Bedford-r $41.0Sf $15.06 \ $56.11
-._______ ---- f<---'-r
; Colleyville I $4931 I $23.00 $72.31
......--....--.-.--. .- - .. --.. . r-..------- --------.-
, Colleyville I ·
wlO 65 \ $45.31 ! $23.00 i $68.31
Euless ($4"210' i-$'f9.To" j- $6CiO"--
,Gra"pevlne" [$4537 !$33:BifT--$79.25 --
_.------"--'----I---~ -
: Hurst I $57.60 i $28.01 i $85.61
-'-Keller"'-T$5565 1$28.04! $83.69
. ---"N-RH-.--" !$5S:'20-r$22.4i- [--$80.62
.--~' ------.,~,,--' ,---:;_.._~--- r-~----~- ~--------~~
i Southlake I $64.41 I $2486' $69.27
.-..-.--.--- ,.'- ----.r------- .......--.-----
! Average' i $52.05 $24.48; $7553
" ,
. NOTE: Excluding Colleyville
In summary, an increase in the Over 65 exemption has been shown to have an impact to
available revenues, tax adjustments, and operational funding. The development and structure
of an annual operating budget is by its nature a process of allocating scarce resources.
Colleyville is not unique in not being able to meet all its needs - that is why cities go through
the budget development process.
Budgets are built upon a reasonable expectation of anticipated revenues. This previous year
witnessed cities across the metroplex having to adjust expense plans to reduced revenues
because of the economy. This economic adjustment was beyond City Council control. A
discussion by the City Council on this topic is different in that you are able to determine the
level of fiscal impact by reducing revenues.
An increase in the Over 65 exemption will create either a property tax increase or a loss in
revenues. By avoiding this, the City Council can provide an Over 65 adjustment to the utility
minimum monthly billings. Unfortunately, this yields a constant savings across the board to
each of them. In light of trying to minimize negative impacts to the General Fund, this later
approach provides the least impact financially to the City Council servicing citizen needs.
ORDINANCE 0-04-1437
AN ORDINANCE APPROVING AN AD VALOREM TAX FREEZE FOR
RESIDENTIAL HOMESTEAD PROPERTY OWNERS WHO ARE DISABLED OR
SIXTY-FIVE YEARS OF AGE OR OLDER AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City of Colleyville is a home rule city acting under its charter and
adopted by the electorate pursuant to Article XI, Section 5 of the
Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, as approved by the voters of the State of Texas at an election held on
September 13, 2003, Article VIII, Section 1-b, subsection H, of the
Texas Constitution allows municipalities and certain other taxing
entities to establish an ad valorem tax freeze on residence
homesteads of disabled individuals and individuals aged sixty-five and
older; and
WHEREAS, effective January 1, 2004, Section 11.261 of the Texas Tax Code
governs the procedure under which a municipality or other taxing
entity may adopt an ad valorem tax freeze; and
WHEREAS, the City Council believes it would be in the best interest of the citizens
of Colleyville to provide for a tax freeze on the amount of property
taxes on the homesteads of disabled individuals and individuals aged
sixty-five or older, beginning with tax year 2004.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS
Sec.1.
Sec. 2.
Sec. 3.
THAT effective with tax year 2004, the total amount of ad valorem
taxes imposed on the residence homesteads of a person who is
disabled or is sixty-five years of age or older shall not be increased
while it remains the residence homestead of that person or that
person's spouse who is disabled or sixty-five years of age or older.
THAT if the person who is disabled or is sixty-five years of age or
older dies in a year in which the person received a residence
homestead exemption, the total amount of ad valorem taxes imposed
upon the residence homestead shall not be increased while it remains
the residence homestead of that person's surviving spouse if the
spouse is fifty-five years of age or older at the time of the person's
death.
THAT notwithstanding Sec. 1. and Sec. 2., taxes on the residence
Ordinance 0-04-1437
Page 2 of 2
homestead may be increased to the extent the value of the residence
homestead is increased by improvements other than repairs and
other than improvements made to comply with governmental
requirements.
Sec.4.
THAT the effective date for this ordinance shall be upon passage, and
applies only to ad valorem taxes imposed on or after the date of
passage.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
January 2004.
day of
The second reading and public hearing being conducted on the
January 2004.
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
CITY COUNCIL CC@m",
Ie .~" ~
AGENDA BRIEFING
MEETING DATE:
ITEM#:
ORDINANCE # :
01/06/04
9
0-04-1438
CITY MANAGER
DEPARTMENT HEAD i
FINANCE REVIEW i
Previous Action: TABLED
DEPARTMENT: FINANCE
SUBJECT : Amending Section 2 of Ordinance 0-03-1431 to
authorize the expenditure of $378,063 of
unappropriated fund balance for construction of the
Sneed Property Practice Fields
First Reading and Public Hearing
As requested by Mayor Hocutt, this item has been placed on the City Council agenda
for consideration.
In 2001, the Sneed Property Master Plan Committee worked to develop a Master Plan
that addressed both the current and future recreational and athletic needs of the City.
These plans were submitted to Newman, Jackson, Bieberstein, Inc., for refinement to
reflect the program elements desired by City staff and the committee. The development
of this Master Plan will assist the City to meet the park needs identified in the updated
Parks and Recreation Open Space Master Plan and identify preliminary cost estimates.
On August 4, 2003, the Sneed Property Master Plan was unanimously approved by the
Parks and Recreation Advisory Board and approved by the City Council on August 19,
2003.
City staff is currently working with the Colleyville Baseball Association (CBA) and the
Colleyville Girl's Softball Association (CGSA) representatives to review the construction
plans, as prepared by Newman, Jackson, Bieberstein, Inc., to identify items that may be
accomplished by the associations. Staff has been coordinating with Colleyville Baseball
(CBA) and Colleyville Girl's Softball Association (CGSA) meeting in early January to
discuss their review of the plans, which are approximately 85% percent complete. As a
follow-up to this meeting, Newman, Jackson, Bieberstein, Inc., will proceed with
completion of the construction documents. Staff has provided the Parks and Recreation
Advisory Board with monthly updates regarding this project and anticipates formal
consideration by the Board in early spring 2004.
Agenda Briefing
Ordinance 0-04-1438
Page 2 of 3
Financial Impact
The approved Sneed Property Master Plan provides for the development of a practice
baseball and practice softball field with lighting and four (4) batting cages for a total cost
estimate for both hardscape and softscape, including a 15% contingency, of $378,063.
(See attached). On the basis that this site will serve as the location for a ground water
storage facility, Council has concurred with using the Utility Fund to contribute
construction costs for the associated driveway for service to this facility.
As per attached correspondence from the Colleyville Baseball Association (CBA), the
association agreed to pursue the construction of the Sneed Property baseball practice
field for the purpose of providing a practice facility for the youth ranging in age from 11
to 14. Additionally, CBA pledged a commitment of up to $50,000 on the facilities. CBA
also identified items that they would be responsible for providing the following items,
including site clearing, tree protection, earthwork, fine grading and other related items.
(See attached). As a follow-up to this letter, CBA has pledged an additional $25,000,
for a total commitment of $75,000 for this project. (See attached). Additionally, the
Colleyville Girl's Softball Association (CGSA) has pledged a commitment of $20,000 for
the construction of the Sneed Property softball practice field. (See attached).
On the basis of the above, the pledged commitments of both associations total $95,000
for this project. The City Council may want to consider these commitments for the use
of construction of the Sneed Property Practice Fields. Additionally, this is one of the
projects identified during the Capital Improvement Program (CIP) worksessions for
possible CIP funding. The Council is scheduled to further discuss possible CIP projects
at the January 8,2004, Council Worksession.
In consideration of funding the development of the Sneed Property Practice Fields,
other funding sources that the City Council may want to consider utilizing for this project
are the Parkland Dedication Fund, with a balance of $997,938.82, as of November 30,
2003, and the Voluntary Park Fund, with an unencumbered balance of $343,743, as of
November 30, 2003. The appropriation of the Parkland Dedication Fund would require
a recommendation of the Parkland Dedication Committee, which consists of two (2)
members of the Parks and Recreation Advisory Board and two (2) members of the
Planning and Zoning Commission. The appropriation of the Voluntary Park Fund would
require a recommendation of the Parks and Recreation Advisory Board.
Recommendation
A draft Ordinance is provided for Council consideration allocating use of Fund Balance.
The Ordinance may be modified for use of other funds at your direction.
Agenda Briefing
Ordinance 0-04-1438
Page 3 of 3
Attachments
. Mayor Hocutt's request
. Sneed Property Practice Fields Master Plan and Cost Estimate
. Colleyville Baseball Association letter, dated September 4, 2002
. Colleyville Baseball Association letter, dated October 8, 2003
. Colleyville Girl's Softball Association e-mail, dated November 11, 2002
. Financial Status Report of Parkland Dedication Fund, dated November 30, 2003
. Financial Status Report of the Voluntary Park Fund, dated November 30, 2003
. Ordinance 0-04-1438
William Lindley
From:
Sent:
To:
Subject:
Joe Hocutt Ohocutt@alatex.comj
Thursday, December 11, 2003 3:50 PM
William Lindley
Sneed Property
Please place the Sneed Property Park Project on our next city council meeting for
consideration. The baseball association has committed to providing funding to this
project and would like to see the project on a "fast track" to completion.
Thanks
Joe Hocutt
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COST ESTIMATE BUDGET
Sneed Property Practice Fields
JOB NAME: COlleyville - Sneed Property
JOB NO: 0032-02
. PHASE: Schematic Design
DATE: August 4,2003
BY: BB I KVB
ITEM UNIT ITEM CATEGORY
NO. ITEM QTY. UNIT COST TOTAL SUBTOTAL
Hardscape Cost Estimate
1. Mobilization 1 Is $10,000.00 $10,000.00
2. Site c1earina & general demolition 1 Is $10,000.00 $10,000.00
3. Tree protection 560 If $2.00 $1,120.00
4. Strip, stockpile, spread topsoil 1.418 cy $4.00 $5,672.00
5. Earthwork 1.418 cy $3.00 $4,254.00
6. Fine QradinQ turf areas 114,900 sf $0.04 $4,596.00
7. 6" Concrete Parking Lot 10,245 , sf $3.00 $30,735.00
8. Metal Building wi 6" concrete pad 1 Is $9,800.00 $9,800.00
9. . Gravel Access Drive (Flex base) 372 $6.00 $2,232.00 ,
sy
10. Infield soil 458 cy $9.00 $4,122.00
11. Baseball I Softball backstops 2 Is $8,000.00 $16,000.00
12. Lighting Materials 1 Is $26,000.00 $26,000.00
13. Lighting Labor 1 Is $44,000.00 $44,000.00
14. (4) Batting Cages 14'W x 35'L x 12'H 1 Is $30,600.00 $30,600.00
Subtotal - Hardscape $199,131
Softscape Cost Estimate 1 I
A. Turf Establishment
1. Common Bermudagrass hydromulch 128,700 sf $0.12 $15,444.00
B. Irrigation
1. Rotary heads 128,700 sf $0.35 $45,045.00
C. Tree Mitigation I
1 369 caliper inches 1 Allow $50,000.00 $50,000.00
Subtotal - Softscape and Irrigation - $110,489
Total - Hardscape & Softscape I $309,620
Plus 15% Contingency $4S,443
II Design Fees i $22,000
Grand Total - Hardscape and Softscape $378,063
Newman, Jackson, Bieberstein, Inc.
Colleyville Baseball Association
P. O. Box 103 · Colleyville · Texas 76034-4527
September 4, 2002
Ms. Monica Sue Walsh, Parks and Recreation Manager
Colleyville Parks and Recreation
5109 Bransford Road
P.O. Box 185
Colleyville, TX 76034
RE: Sneed Property
Dear Monica,
Last Thursday night in its annual board meeting, the Colleyville Baseball Association, in
unanimous fashion, agreed to vigorously pursue the construction of the Sneed Property
baseball practice field. It is our understanding that this project has become one of the
priorities of the Parks and Recreation board and it has been a priority of the CBA for
some time now. This will provide youth ages 11-14 in our city the necessary practice
facilities not currently available.
With the CBA's guidance and the city's help and support, we feel that this project can be
"fast tracked" to begin in the immediate future.
Following is our proposal to have this accomplished:
1. Ray Empkey, a member of our board of directors, has agreed to spearhead the
project and be responsible as the liaison to the city on this project. Ray will
coordinate, initiate and follow up on all work on this project (all subject to the
City's approval of course). Vange Pueblo and Bill Mitchell, as well as myself will
also be involved in the project.
2. Our commitment to this project is such that we are willing to commit up to a
maximum of $50,000 on the facilities. With that amount in mind, CBA will be
responsible for the accomplishment of the following items on the project:
Site Clearing
Tree Protection
Strip, stockpile, spread topsoil
Earthwork
Fine Grading
5' Chain Link Fence
Infield Soil/clay
Backstop
Hydromulch
Irrigation
Tiff 419 for Infield
Bases, anchors, mise. equipment
Dugout Concrete and Fencing
3. As this proposal is a partnership with the city, the remaining items are what we
would ask that the city contribute. They are:
Mobilization
Additional cost of site preparation (i.e. site clearing, treee protection, strip,
stockpile, spread topsoil and earthwork) in the event softball does not participate
6" Concrete Parking Lot as well as a Flex Base Access Drive to the facility
Lighting - required necessary lighting to illuminate the facility
Design Fees
Batting Cage
Tree Mitigation
Cost to run water to the site
This joint venture by the Colleyville Baseball Association and the City of Colleyville will
provide a unique opportunity for a community park. We would like to set up a meeting
with you at your earliest convenience to discuss a time line, our field specifications and
what actions/steps need to be taken next.
Monica, the CBA extends our warmest appreciation with your continued assistance in
making this dream a reality. We hope, when finished, you and the CBA will view this
facility with pride knowing kids for years to come will be able to develop their skills in
pursuit of excellence and their love of baseball.
Sincerely,
Joe Ben Hassell
President
Colleyville Baseball Association
Cc: Ray Empkey
Vange Pueblo
Bill Mitchell
Colleyville Baseball Association
P. O. Box 103 . Colleyville · Texas 76034-4527
October 8, 2003
Ms. Monica Sue Walsh, Parks and Recreation Manager
Colleyville Parks and Recreation
5109 Bransford Road
P.O. Box 185
Colleyville, TX 76034
RE: Sneed Property
Dear Monica,
It has been approximately one year since the Colleyville Baseball Association committed
up to $50,000 to develop the Sneed Property baseball practice field. In our September
board meeting, due to the current availability of funds, the board agreed to increase our
initial proposal to $75,000. With this in mind, we hope that the Colleyville City Council
and the Parks and Recreation board will continue to push for this project to be "fast-
tracked" for the much needed practice facilities for youth ages 11-14 in our city.
This joint venture by the Colleyville Baseball Association and the City of Colleyville will
provide a unique opportunity for a community park.
Monica, the CSA extends our appreciation with your continued assistance in making this
dream a reality. We hope, when finished, you and the CBA will view this facility with
pride knowing kids for years to come will be able to develop their skills in pursuit of
excellence and their love of baseball.
J Ben Hassell
President
Colleyville Baseball Association
Monica Sue Walsh
From:
Sent:
To:
Cc:
Subject:
Pete Flagella [pflagella@attbLcom]
Monday, November 11, 2002 9:22 AM
'Monica Walsh'
'Pete Riis'
Sneed Property
Importance:
High
Monica,
This email is provided to you on behalf of CGSA regarding our commitment to the
development of the "Sneed" property. CGSA will commit an initial $20,000.00 to the
development of the "Sneed" property as a practice facility. Based on the continued
requirements and development discussions, CGSA will work with CBA and the CIty Parks and
Recreation Board to do what is necessary to have this facility become a reality.
Should you need any additional information, please do not hesitate to ask.
Sincerely,
Pete Flagella
P - (817) 577-8716
F - (214) 722-1071
FINANCIAL STATUS OF VOLUNTARY PARK FUND AT 11-30-2003
FUND BALANCE AT 9-30.2003:
FY 2004 REVENUE
Donations PROJECTED ACTUAL
October $10,551 $10.551
November $10.300 $9,283
December $10.350 $0
January $10.375 $0
February $10,375 $0
March $10,400 $0
April $10.450 $0
May $10,450 $0
June $10.475 $0
July $10.500 $0
August $10.500 $0
September $10,550 $0
City Park Sign Revenue $75 $0
Total Donations $125,351 $19,834
Interest income Received $5.500 $515
TOTAL $130,851 $20.349
FY 2004 EXPENDITURES
$494,368
PROJECTED FUND BALANCE AT 9-30-2004
RECOMMENDED APPROVED EXPENDED
(BOARD) (COUNCIL)
$41,236 $41 .236 $10,066
$19.123 $19.123 $0
$46.325 $46,325 $0
$17,977 $17.977 $0
$3.000 $3.000 $0
$5.888 $5.888 $1,298
$26.425 $26,425 $0
$92,500 $9.000 $0
$2.000 $2.000 $0
$254.474 $170,974 $11.364
$343,743
$454,245
COTTONBEL T PHASE II LOCAL MATCH &&
SPARGER PARK TRAIL GRANT LOCAL MATCH@@
COTTONBEL T TRAIL PHASE III --
BALANCE- GCISD PRACTICE AREA IMPROVEMENTS##
BAlANCE- FENCING FOR CABOOSE DISPLAY"
BALANCE- SNEED PROPERTY MASTER PLAN PHASE I ++
SNEED PROPERTY MASTER PLAN PHASE II ++
ADA IMPROVEMENTS +-0
WEBB HOUSE FURNISHINGS <<
TOTAL
UNENCUMBERED FUND BALANCE AT 11-30-2003 (COUNCIL APPROVED)
EXPENDITURE KEY:
&& FY 2004 PROJECT/APPROVED OCT 99
@@ FY 2004 PROJECT/APPROVED MAY 2000
__ FY 2004 PROJECT/APPROVED JUNE 2001
## FY 2004 PROJECT/APPROVED JULY 2002
^^ FY 2004 PROJECT/APPROVED OCT 2002
++ FY 2004 PROJECT/APPROVED JAN 2003
"''' FY 2004 PROJECT/APPROVED JULY 2003
<< FY 2004 PROJECT/APPROVED AUG 2003
FINANCIAL STATUS OF PARKLAND DEDICATION FUND AT 11-30-2003
TOTAL REVENUES
$1,551,625
TOTAL INTEREST INCOME REC'D
$142,994.71
LESS EXPENSES:
KIDSVILLE DONATION
LANDSCAPING NATURE CENTER
NATURE CENTER TREES
KIMSEY PARK APPRAISALS
CITY PARK SOD
TPWD KIMSEY PARK GRANT
COTTON BEL T TRAIL I
COTTONBEL T TRAIL ROW ACQUISITION
WEBB HOUSE RESTORATION
COTTONBEL T TRAIL II
$1,000.00
$1,169.07
$1,035.00
$4,700.00
$72,881.20
$8,800.00
$212,016.00
$32,322.97
$98,584.00
$21,562.00
TOTAL EXPENSES
$454,070.24
LESS ENCUMBERANCES:
COTTON BEL T TRAIL I
COTTON BEL T TRAIL II
COTTON BEL T TRAIL ROW ACQUISITION
COTTONBEL T TRAIL III
$0.00
$54,736.00
$2,677.03
$185,297.00
TOTALENCUMBERANCES
$242,710.03
TOTAL AVAILABLE AT 11-30-2003
$997,839.82
ORDINANCE 0-04-1438
AN ORDINANCE AMENDING SECTION 2 OF ORDINANCE 0-03-1431 RELATING TO
THE FISCAL YEAR 2003-2004 BUDGET, TO AUTHORIZE THE EXPENDITURE OF
$378,063 OF UNAPPROPRIATED FUND BALANCE OF THE GENERAL FUND FOR THE
CONSTRUCTION OF SNEED PARK PRACTICE FIELDS; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council desires that additional funding be added to the Parks
Department budget (line item Account 001-32-6625) in the amount of
$378,063 for the City's participation in the construction of Sneed Park
practice fields and the source of the funding is the unappropriated fund
balance; 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 0-03-1431 are amended to read as follows:
General Fund
Utility Fund (Water & Wastewater)
Debt Service Fund
Drainage Utility Fund
$13,724,719
$ 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.
The first reading and public hearing being conducted on the
2004.
The second reading and public hearing being conducted on the
2004.
Ordinance 0-04-1438
Page 2 of 2
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross 1. Foster
City Attorney
day of
day of
CITY COUNCIL
~n'" AGENDA BRIEFING
T~';\ n$
MEETING DATE:
ITEM#:
RESOLUTION # :
01/06/04
10
R-04-2291
CITY MANAGER i
DEPARTMENT HEAD
FINANCE REVIEW i
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of a waiver of the requirements of Section
6.3 of the Colleyville Code of Ordinances regarding
the sale of alcoholic beverages within 300 feet of a
school, Case Z-03-029
Previous Action: None
Reading and Public Hearing
Melvin and Martindale, Ltd., is developing the 54-acre commercial development known as
Town Center, located at the southeast corner of Colleyville Boulevard and Hall Johnson Road.
The property is zoned CC2 Shopping Center Commercial, and the developer has finalized a
leasing agreement with Gloria's Restaurant for the north end of Building J, located at 5611
Colleyville Boulevard. Gloria's Restaurant intends to apply for a license to serve alcoholic
beverages for on-premises consumption in conjunction with the restaurant. However, the
location of the proposed restaurant is situated within 300 feet of the property line of the
Barbara Gordon Montessori School.
The Special Use Permit approved by the City Council on February 18, 2003, Ordinance 0-03-
1389, allows the sales of alcoholic beverages within the limits of the entire Town Center
development. However, a license to sell alcoholic beverages cannot be issued by the City for
property located within 300 feet of a public school, or a private school that has more than 100
students enrolled in kindergarten through sixth grade, unless the City Council approves a
waiver of the distance requirement due to special circumstances. A copy of Section 6.3 of the
Colleyville Code of Ordinances, which contains the distance requirements and the waiver
provision, is attached.
The Barbara Gordon Montessori School property is accessed from Hall Johnson Road, but the
property has frontage on Riverwalk Drive. The Town Center development fronts toward
Colleyville Boulevard and the back of the shopping center faces Riverwalk Drive. The Barbara
Gordon Montessori School buildings and the Town Center buildings are separated by a
distance of over 700 feet. Furthermore, Riverwalk Drive is a four lane roadway and functions
as an additional separation barrier.
Staff recommends approval of the waiver, but only for the certificate of occupancy that will be
held by Gloria's Restaurant. Any change in the certificate of occupancy at this location will
invalidate the waiver provision.
Agenda Briefing
Resolution R-04-2291
Page 2 of 2
Recommendation
Approval
Attachments
. Section 6.3, Colleyville Code of Ordinances
. Letter from developer
. Site map
. Resolution R-04-2291
Copy of Section 6.3 - Colleyville Code of Ordinances
Sec. 6-3. Restrictions on sales within prescribed distances of public and
private schools, churches and public hospitals.
(a) It shall be unlawful for any person who is engaged in the business of selling
alcoholic beverages to sell alcoholic beverages where the place of business of
any such person is within three hundred (300) feet of any church, public or
private school, or public hospital.
(b) The measurement of the distance between the place of business where
alcoholic beverages are sold and a church or public hospital shall be along the
property lines of the street fronts and from front door to front door, and in a direct
line across intersections.
(c) The measurement of the distance between the place of business where
alcoholic beverages are sold and a public or private school shall be in a direct
line from the property line of the public or private school to the property line of the
place of business and in a direct line across intersections.
(d) The Citv Council mav allow a variance to this section if it determines that the
enforcement of the reQulation in a particular instance is not in the best interests
of the public, constitutes waste or inefficient use of land or other resources,
creates an undue hardship on the applicant for a license or permit, does not
serve its intended purpose, or is not effective or necessarv, or for anv other
reason the Citv Council determines, after consideration of the health, safetv and
welfare of the public and the equities of the situation, that the variance is in the
best interest of the communitv.
(e) The term "private schoo/", including a parochial school, means a school
offering a course of instruction for students in one or more grades from
kindergarten through grade 12, and has more than 100 students enrolled and
attending courses at a single location.
Melvin & Martindale, Ltd.
8235 Douglas Avenue, Suite 950
Dallas, Texas 75225
(214) 360-1714, Fax (214) 360-1716
November 11, 2003
Planning and Zoning Commission
City of Colleyville
5400 Bransford Road
Colleyville, TX 76034
Ladies and Gentlemen:
Enclosed please find the application for the proposed amendment to the SUP for Town Center
Colleyville. We have finalized our lease agreement with Gloria's Restaurant for the north end-
cap of Building J and the amendment is necessary to permit the restaurant to sell alcoholic
beverages for on-premise consumption, which is an integral part of their business.
This quality, full service, Mexican food restaurant compliments our tenant mix and will be a real
asset to the community. The subject location within our development is ideal for the restaurant
due to its prominence, its field of parking, its separation from Market Street, its multiple access
points, etc. Gloria's will no doubt greatly energize the northern sector of our shopping center.
We appreciate your consideration and look forward to answering any questions you might have
concerning this request.
Very truly yours,
MELVIN & MARTINDALE, LTD.
Cl,allM M. Ilodg~s
~'oS2r,,","'. t=l,..,..-rL\\
J:ICHDSI40001 (H&A 99016-Colleyville)ICorrespondenceILeltersI40001 L TR111103-Plannlng&Zoning.doc
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RESOLUTION R-04-2291
A RESOLUTION APPROVING A WAIVER OF SECTION 6.3 OF THE COLLEYVILLE
CODE OF ORDINANCE REGARDING THE DISTANCE REQUIREMENTS FOR THE
SALE OF ALCOHOLIC BEVERAGES FOR GLORIA'S RESTAURANT ON LOT 1R,
BLOCK 1, TOWN CENTER COLLEYVILLE ADDITION
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the distance requirements from a public or private school are hereby
waived to allow Gloria's Restaurant to obtain a license to sell alcoholic
beverages in conjunction with a restaurant on Lot 1 R, Block 1 , Town Center
Colleyville are hereby waived.
Sec. 2.
THAT this waiver shall be valid for the certificate of occupancy for Gloria's
Restaurant at the location stated above, and shall become invalid upon any
change in occupancy.
AND IT IS SO RESOLVED.
PASSED BY A VOTE OF
THIS THE DAY OF
NAYS AND
2004.
ABSTENTIONS ON
AYES,
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
CITY COUNCIL ."
1"l';I;i\l>
AGENDA BRIEFING
MEETING DATE: I
ITEM#: i
RESOLUTION #: !
j
01/06/04 CITY MANAGER!
;
11 DEPARTMENT HEAD i
R-04-2922 FINANCE REVIEW i
Previous Action: None
DEPARTMENT: CITY MANAGER'S OFFICE
SUBJECT: Approval of a City Council Donation and Solicitation
Policy
Reading and Public Hearing
On August 6, 2003, Councilman Hendler and Councilman Ayers submitted a request for
the discussion of the City of Colleyville current donation(s) policy and also requested
that staff work toward a comprehensive, citywide donation policy, which would create
uniformity. This item was presented to Council at the December 2, 2003 Pre-Council
meeting. Based on these discussions, Councilman Hendler worked with City Manager
Bill Lindley to prepare the proposed Donation and Solicitation Policy for Council
consideration.
In reference to donation guidelines, the Council will need to provide direction to staff
related to the cash donation threshold that would require a Donation Proposal Form to
be completed for submittal to the City Manager. In consideration of this request, the
Colleyville Public Library Donation Policy, provides that a cash donation of $1,000 or
less, specifically for the purchase of materials, may be submitted directly to the Library
Director for acceptance. Any donation greater than $1,000 for art objects or other types
of materials must be submitted on a donation form for consideration.
Financial Impact
None
Recommendation
Approval
Attachments
· PC-4 Agenda Briefing, December 2, 2003, excluding policies
. Resolution R-04-2922
PRE-COUNCIL
cc~6~~]Ill" AGENDA BRIEFING
'rl'.'i,,$
MEETING DATE: I
ITEM#:
12/02/03
PC-4
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW
Previous Action: None
DEPARTMENT: CITY MANAGER'S OFFICE
SUBJECT: Discussion of City wide donation policy
On August 6, 2003, Councilman Hendler and Councilman Ayers submitted a request for the
discussion of the City of Colleyville current donation(s) policy and also requested that staff
work toward a comprehensive, citywide donation policy, which would create uniformity. (See
attached).
In consideration of this request, staff has researched and compiled information related to
policies for an elected body related to priority for establishing support and/or soliciting of
donations and acceptance of donations and the Donation Policies for the Colleyville Center,
the Parks and Recreation Department, the Fire Department and the Colleyville Public Library.
Additionally, City staff has reviewed "The City of Colleyville Personnel and Procedures Manual,
effective October 1, 2002", Section F., Conflicts of Interest, which is applicable to all city
employees related to acceptance of gifts. A brief review of each of these policies is provided
for City Council review and discussion.
Policies for the Elected Body
In consideration of Policies for the Elected Body, staff contacted area cities requesting policies
for setting priorities for establishing support and/or soliciting donations and acceptance of
donations for the elected body. None of the area cities surveyed, including Bedford, Euless,
Grapevine, Hurst, Keller, North Richland Hills and Southlake, has established policies for the
Mayor and City Council.
Parks and Recreation Department Donation Policy
In 1999, the City Council adopted a resolution establishing the Parks and Recreation Donation
Policy, which was amended on May 20,2003, per Resolution R-03-2154. (See attached). The
purpose of this policy was to provide a consistent basis for the consideration and acceptance
of donations of equipment, structures, and/or cash to the City's park system. As per the
attached resolution, the Colleyville Parks and Recreation Donation Policy consists of a Parks
and Recreation Donation Policy Committee, which consists of related committee members of
the item donated and two (2) Parks and Recreation Advisory Board members to review
proposed donations and make a recommendation to the Parks and Recreation Advisory
Board. The Parks and Recreation Advisory Board makes a recommendation to the City
Council for final approval.
Pre City Council Briefing
Donation Policy
Page 2 of 4
Since 1999, the City Council has approved numerous items for donation to the Parks and
Recreation Department, including a plaque in Colleyville City Park for the donation of
scoreboards, the donation of an American Holly tree at City Park, donation of books and
materials, donation of monies for tennis equipment for the City Park tennis courts, donation of
trees, donation of fish for the stocking of Kimzey Park, the donation of a plaque at Kimzey
Park, the donation of a caboose from Burlington Northern and Santa Fe and historical items for
the Webb House.
Collevville Center Donation Policv
With the opening of the Colleyville Center, a donation policy was established by the Colleyville
Center Advisory Committee for the purpose of providing a consistent policy for the
consideration of donations to the Colleyville Center. As per the attached policy, the Colleyville
Center Advisory Committee reviews the proposed donation and makes a recommendation to
the City Council for consideration. Since its establishment, the City Council has approved the
donation of holiday decorations, Automatic External Defibrillators (AED) and donations of
artwork for the Center, as recommended by the Colleyville Center Advisory Committee.
Collevville Fire Department
In consideration of a request to make a donation, the Colleyville Fire Department established a
Donation Policy for the Colleyville Department on April 25, 2003, which was revised by the
department on May 23, 2003. (See attached). The purpose of this policy was to provide a
consistent policy for the consideration of donations to the Colleyville Fire Department. Any
capital equipment donation request required acceptance by the City Council. Cash donations
are accepted by the Fire Department and deposited into a separate account. Since its
establishment, the City Council has approved furniture donations.
Collevville Public Library
With the opening of the Colleyville Public Library, the Library Board has worked to develop
policies and procedures for the library, including a Donation Policy. (See attached). This
policy provides criteria for specific donations including books, periodicals and audio/visual
materials, art objects and other types of materials and monetary donations. As per the policy,
a cash donation of $1,000 or less, specifically for the purchase of materials, may be submitted
directly to the Library Director for acceptance. Any donation greater than $1,000 or for art
objects or other types of materials must be submitted on a donation form for consideration.
The Library Board will review the donation request and make a recommendation to the City
Council for formal acceptance. The Friends of the Colleyville Public Library and the Colleyville
Public Library Foundation may make donations directly to the Colleyville Public Library and are
exempt from City Council approval. If a donation request is of an unusual nature, the Library
Director and Library Board may submit the request to the City Council for approval.
Pre City Council Briefing
Donation Policy
Page 3 of 4
"The City of Collevville Personnel and Procedures Manual, effective October 1, 2002", Section
F.. Conflicts of Interest
As per Section F., Conflicts of Interest of "The City of Colleyville Personnel and Procedures
Manual", an employee of the City of Colleyville may not:
1. Solicit or accept or agree to accept a financial benefit, other than from the City, that might
reasonably tend to influence his/her performance of duties for the City or that he/she knows
or should know is offered with intent to influence the employee's performance;
2. Accept employment or compensation that might reasonably induce him/her to disclose
confidential information acquired in the performance of official duties;
3. Accept outside employment or compensation that might reasonably tend to impair
independence of judgment in performance of duties for the City;
4. Make any personal investment that might reasonably be expected to create a substantial
conflict between the employee's private interest and duties for the City;
5. Agree to make any contribution for personal gain in connection with his/her employment.
Employee shall not require other employees to make any contribution, nor penalize or
reward other employees in any way in connection with their employment according to their
response to such solicitation.
6. Directly or indirectly solicit any gift, or accept or receive any gift whether in the form of
money, services, loan, travel, entertainment, hospitality, promise, or any other form, under
circumstances in which it could be reasonably inferred that the gift was intended to
influence them, or could reasonably be expected to influence them, in the performance of
their official duties or was intended as a reward for any official action on their part.
Summary
Although the established Donation Policies for various City departments are similar, the
structure of each of these policies varies due to the recommending bodies of each department,
e.g., the Parks and Recreation Advisory Board, the Colleyville Center Advisory Committee and
the Colleyville Public Library Board. On the basis that the City's "Personnel and Procedures
Manual" govern City of Colleyville employees and there is no established policy for the Elected
Body of the City Council, staff requests that the City Council provide direction to staff related to
the development of a citywide donation policy.
Pre City Council Briefing
Donation Policy
Page 4 of 4
Attachments
. Councilman Hendler and Councilman Ayer's Request, dated August 6, 2003
. Resolution R-03-2154, Parks and Recreation Donation Policy and Form
. Colleyville Center Donation Policy and Form
. Colleyville Public Library Donation Policy and Forms
. Fire Department Donation Policy and Form
August 6, 2003
Mr. Bill Lindley
City of Colleyville
P.O. Box 185
Colleyville, TX 76034
Re: A City-Wide Donation Policy
Dear Bill:
This letter is to discuss how donations are to be made to the City of Colleyville. It
is our understanding we have a donation policy for the parks, a donation policy for the
Webb house, and donation policies for various other departments and projects within the
City of Colleyville. It is requested City Staff work towards a comprehensive, city-wide
donation policy which would create uniformity. Such a uniform donation policy should
create a standard set of guide-lines which our citizens and City Staff can use for donations
to the City of Colleyville.
It is our request you have City Staff prepare such a proposed ordinance or
resolution, whichever is deemed appropriate, conceming a City-wide, uniform donation
policy so as to allow council consideration within the next few months.
If you have any thoughts or suggestions concerning this request, or if you need any
additional clarification, please feel free to call either one of us.
Very truly yours,
'~ " J.. 1-k~JL,
Exhibit "A"
(C.~
TexaS
CITY OF COLLEYVILLE
DONATION POLICY
Statement of Purpose
The purpose of this policy is to provide a consistent policy for the consideration of
solicitations/donations to the City of Colleyville. The following policy will become
effective immediately.
Procedure
I. Any councilmember soliciting a donation to the City of Colleyville should submit a
proposal, in writing, to the City Manager.
II. The proposal should include a complete description of the solicitation/donation,
and to the extent applicable, picture and/or detailed drawings, preferred location
of the donation, value of donation, and any stipulations concerning the donation.
III. The City Manager will review the proposal and make any comments and
recommendations deemed necessary.
IV. The City Manager will forward all solicitation/donation proposals, along with
comments and recommendations, to the City Council.
V. The City Council will review the proposed solicitation/donation. The City Council
reserves the right to accept or reject any item submitted for approval.
VI. The potential donor reserves the right to withdraw the proposed items at any time
during the approval process.
VII. All items(s) will be considered for acceptance on an item-by-item basis.
VIII. All accepted donations to the City of Colleyville will become the property of the
City of Colleyville and will be used at the discretion of the City of Colleyville.
IX. All donations on loan to the City of Colleyville will remain the property of the
donor.
cce0
Texas
CITY OF
COLLEYVILLE
DONATION POLICY
o GENERALSTATEMENT
The City of Colleyville welcomes gifts and donations in support of its collections,
programs, services and facilities. The City has been greatly enhanced by many fine
donations which have enabled the City to acquire many items that otherwise could not
have been afforded.
o STATEMENT OF PURPOSE
The purpose of this policy is to provide consistent guidance of the consideration of
donations to the City of Colleyville.
o SPECIFIC DONATIONS
· DONATIONS OF ART OBJECTS AND OTHER TYPES OF MATERIALS
Such donations are usually welcomed and valued. Donations of materials for
exhibit may be accepted but will not be placed on permanent display to insure
a variety of materials is exhibited. All donations, on loan, to the City of
Colleyville will remain the property of the donor. The final decision for
acceptance of art objects rests with the City of Colleyville.
· DONATIONS - MONETARY AND OTHER
Cash donations are welcomed. It is the policy of the City to expend the cash
on materials, equipment, or a project acceptable to the donor. Cash
donations will be deposited into the City Donation Fund. Other donations
such as equipment, stocks, etc. may be accepted, but would be subject to
recommendation of the City Manager and approval of the City Council.
o DONATION GUIDELINES
Any person or organization making a cash donation greater than $ or a donation
of art objects or other types of materials to the City of Colleyville must complete a
Donation Proposal Form (Attachment A) and submit it to the City Manager. The
proposal must include a complete description of the donation, and to the extent
applicable, pictures and/or detailed drawings, value of the donation and any stipulations
concerning the donation.
The City Manager will review the proposal and forward it to the City Council for final
approval. The potential donor reserves the right to withdraw the proposed donation at
any time during the approval process.
D USE OF DONATIONS
The City of Colleyville reserves the right to accept or reject any donation, and in
accepting a donation, the City reserves the right to determine the manner in which it will
be used. The City cannot accept donations with restrictions as to use, permanence or
location. Once a donation is accepted, it becomes the property of the City of Colleyville
under the governance of the City Council and its policies.
The donor of any gift to the City should understand that it might someday be sold or
disposed of in the best interest of the City. However, the donor should be assured that
no donation shall be disposed of in a careless manner.
D RECOGNITION OF DONATIONS
Donations of fine arts, equipment, or items given as memorials will not be
acknowledged by placing a plaque on the item. If a formal request is made by a donor
for a permanent recognition, it will be forwarded to the City of Colleyville for
consideration. A letter from the City indicating receipt of the gift will be sent to the
donor. The final decision as to how a gift of this type will be acknowledged rests with
the City Council.
D RECEIPTS
The City shall make no attempt to place a monetary value on the donation. However,
upon request, it will issue the donor a receipt or letter acknowledging the donation.
(Attachment C)
D ACCEPTANCE OF POLICY
When accepting donations of greater value, the City of Colleyville may require the donor
to sign an acceptance of policy form.
D REVSIONS
The City Council will review the Donations Policy periodically, and reserve the right to
recommend changes at any time.
CUY Of
(ce~
l'cxas
CITY OF COLLEYVILLE
To: City of Colleyville Date:
Attention: City Manager
Name:
Address:
City: State: Zip Code:
Telephone
Numbers: Home: Work:
I respectfully submit the following proposal for a donation to the City of Colleyville. I have read and
understand the Donation Policy of the City of Colleyville. Further, I agree that the provisions are
acceptable.
Detailed description of Donation:
Value of Donation:
Single Payment _ Annual Payments _
If Annual Payments, identify number of years of payment and amount to be paid per year:
Donation Stipulations (if any):
Pictures andlor detailed drawings: D Attached
I None D ~~~Iicable
Signature of Donor:
Date:
Received by:
Date:
For office use only: DO NOT WRITE BELOW THIS BOX
Reviewed By: Date:
City Manager Recommendations/Comments:
Approved By: Date:
City of Colleyville
Modifications, if any:
Disapproved by:
Date:
City of Colleyville
RESOLUTION R-Q4-2922
APPROVAL OF A COUNCIL DONATION AND SOLICITATION POLICY
WHEREAS, the Colleyville City Council desires to establish a Donation and Solicitation
Policy for the purpose of providing a consistent policy for the
consideration of solicitations and donations to the City of Colleyville by the
Council.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Council Donation and Solicitation Policy, hereby attached as
Exhibit "A" is adopted.
AND SO IT IS RESOLVED.
PASSED BY A VOTE OF _AYES, _NAYS, AND _ABSTENTIONS ON THIS
THE _DAY OF 2004.
ATTEST:
CITY OF COLLEYVILLE:
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
CITY COUNCIL
coen", AGENDA BRIEFING
TC'x~::
MEETING DATE: 01/06/04 CITY MANAGER i ,17//
ITEM#: 12 DEPARTMENT HEAD !::2:-6k
ORDINANCE # : 0-03-1432 FINANCE REVIEW ! N.A.
Previous Action: Tabled
DEPARTMENT: COMMUNITY DEVELOPMENT
SUBJECT: Approval of the Zoning Change from CN and R20 to
PUD-C with a Special Use Permit for alcoholic
beverage sales on 2.17 acres located at the
northeast corner of Precinct Line Road and
McDonwell School Road, Case Z-03-026
Update
At the December 16, 2003, meeting, the City Council requested that the words "for a grocery
store" be deleted from Section 2.3.b of the proposed ordinance and the words "of each
individual commercial lot" be deleted from Section 2.7.a of the proposed ordinance.
Second Reading and Public Hearing
First Reading and Public Hearing
Backqround
The Donald K. Blackburn Trust is the owner of 2.17 acres located at the northeast corner of
Precinct Line Road and McDonwell School Road. The applicant, Realty Capital Corporation,
has submitted a zoning change request on the property from CN and R20 to PUD-C. The
request also includes a Special Use Permit (SUP) to allow the sale of alcoholic beverages for
both on-premise and off-premise consumption.
The developer proposes to construct a 20,500 square foot mixed-use retail and office building
on the site. The building is proposed as a single-story structure with a brick and stucco
exterior. The applicant submitted a conceptual site plan and a building elevation drawing with
the application, and these documents are attached. The subject property, which has frontage
on three streets, is currently vacant.
The surrounding property is both single-family residential and commercial in nature. Property
to the north and east is zoned R20 Single Family Residential and is developed as single-family
residences. This single-family area was platted as Fairway Addition in 1953 and the houses
generally date from the 1960's. Property to the south is zoned CC 1 Village Retail and CC2
Shopping Center Commercial. The property to the south is mostly vacant with an existing
cabinet manufacturer located on Precinct Line Road. The property to the west, across
Precinct Line Road, is located in North Richland Hills. This property is zoned for commercial
uses and there is a Super Wal-Mart and Super Target operating on the site.
Agenda Briefing
Ordinance 0-03-1432
Page 2 of 4
Due to the surrounding residential zoning and the proposed future commercial uses of the
property, the applicant has requested rezoning to a Planned Unit Development (PUD). The
Planned Unit Development (PUD) zoning allows the applicant to request consideration of
special zoning provisions, and allows the Planning and Zoning Commission and City Council to
place conditions on development to protect surrounding properties. The attached draft
ordinance is based on the applicant's proposal and includes the following:
land Uses. The applicant proposes a variety of retail and office uses for the property. A
complete list is included with the applicant's correspondence attached to this briefing. The
uses are generally consistent with the uses allowed in the CC1 Village Retail zoning district.
Building Lines. The side building line on the north side of the property is established at 15
feet. The adjacent properties to the north is zoned R20, which would normally require a side
building line of 25 feet. The applicant has proposed a 15-foot side building line based on the
future use of the adjacent properties as commercial development. Building lines on the street
side are proposed at 40 feet.
landscaping. The proposed layout meets most of the requirements of the landscaping
regulations. A narrow landscape buffer is provided adjacent to the north property line. The
landscape regulations normally require a 20-foot landscape buffer when commercial property
is adjacent residentially zoned property. The applicant has proposed the narrow landscape
buffer based on the future use of the adjacent properties as commercial development. The
buffer along the north property line will consist of a row of evergreen shrubs, which shall reach
a height of eight feet within two years after development of the site.
The Planning and Zoning Commission recommended that the applicant also construct a
landscape screen along this property's frontage on Curtis Road due to the proximity of single
family residences on the street. In a separate request that will be considered by the City
Council on December 16, 2003, the developer has proposed a waiver of perimeter street
improvement requirements for Curtis Road in exchange for the construction of landscaping
and an irrigation system in the right-of-way at this location.
Alcoholic Beverage Sales. The draft ordinance includes approval of a Special Use Permit for
alcoholic beverage sales for both on-premise and off-premise consumption. On-premise
consumption is allowed in conjunction with restaurant uses. Off-premise consumption is
restricted to grocery stores, convenience stores, specialty wine shops and gourmet food
stores. The Keller Independent School District submitted a letter in opposition to the sale of
alcoholic beverages on this site and a copy of the letter is attached. The distance requirement
between property on which a public school is located and property on which alcoholic
beverages are sold is 300 feet, as measured property line to property line. The property under
consideration is less than 300 feet from the property owned by the school district. However,
there is no school located on the property at this time. This distance provision only applies in
the event a public school is located and operating on the site.
Agenda Briefing
Ordinance 0-03-1432
Page 3 of 4
Sidewalks and Trails. The Land Development Code requires sidewalks along all streets. A
5-foot wide sidewalk is required on McDonwel1 School Road, and a 4-foot wide sidewalk is
required on Curtis Road. The construction of a 10-foot wide hike and bike trail is required for
this property's frontage on Precinct Line Road. The developer is requesting a waiver of the
sidewalk requirement on Curtis Road due to the narrow width of the parkway and the proposed
improvements discussed previously.
Impact Issues
1. Master Plan. The Colleyville Master Plan designates the future use of this area for office
type land uses. This request is consistent with the goals and objectives of the Master Plan.
In addition, work is almost complete on a special planning study of the entire Precinct Line
Road corridor in Colleyville, as part of the Master Plan update. It is expected that this study
will further define the types of uses proposed in the corridor. The proposed use of the
property is consistent with the preliminary concepts developed by the consultant.
2. Surrounding Properties. The surrounding properties are generally developed as single
family residences. The subdivision was platted in 1953. The property across Precinct Line
Road is developed as retail property.
3. Development Trends. The area is experiencing significant development of both
commercial and residential projects. Most of the commercial development is occurring in
North Richland Hills, where a Wal-Mart Supercenter and Super Target have recently
opened. Residential development is occurring in Colleyville on McDonwell School Road,
east and southeast of the site under consideration. A portion of North Tarrant Parkway has
recently been completed in North Richland Hills, and a trend towards commercial
development is expected to continue.
4. Infrastructure. Water and sanitary sewer services are available along adjacent rights-of-
way. The developer is responsible for the extension of utilities to the lot if necessary.
5. Property Taxes. According to information available from the Tarrant Appraisal District, the
parcel is valued at $270,856. The estimated City property tax revenue for the undeveloped
property is $941 annually. The future property tax revenue would depend upon the value
the building improvements to the property.
6. Sales Taxes. The applicant provided a brief economic summary of the project and a copy
is attached. The project contains 20,500 square feet of general retail and office space.
Based on average sales per square foot of $250 for 75% of the building's square footage,
the estimated annual sales generated by this development is $3,843,750. The estimated
sales tax revenue for the City's general fund from this development is $38,437 per year. It
is possible that offices may generate taxable sales, but the effect on overall sales tax
revenue would be minor.
7. Traffic Generation. The Institute of Transportation Engineers publication Trip Generation
provides estimates of expected traffic generation based on land use. Data has been
collected in the United States and Canada since the 1960's, primarily in suburban
Agenda Briefing
Ordinance 0-03-1432
Page 4 of 4
locations. Mixed-use retail buildings are expected to generate 40.67 trips per 1,000 square
feet of floor area per weekday, on average. Based on this average, the 20,500 square foot
building would add 834 vehicle trips per day to the surrounding roadways.
8. Public Notification. Staff mailed notices to 33 adjacent property owners regarding this
request. A notice was also sent to the City of North Richland Hills. Notice was published in
the Fort Worth Star- Telegram as required by state law and the Land Development Code.
Summary
The Colleyville Master Plan suggested that office development occur at this location to provide
a less intensively developed area between larger commercial development in the area and the
existing residential area. The economic development goals contained in the Colleyville Master
Plan are focused on building out the remaining commercial areas with revenue-generating
businesses. These types of businesses would include retail oriented activities that provide
significant sales tax revenue.
As there is little commercial development in this area on Precinct Line Road, new uses that
locate in this area will influence overall development patterns. The large retail area in North
Richland Hills, across the street from this area, is just beginning to develop. It is possible that
as this area grows, other retail users will develop property on the Colleyville side of Precinct
Line Road. The proposed use of the property could have a positive impact on the future
commercial growth of the city in this area.
The Planning and Zoning Commission conducted a public hearing and considered this request
at the November 10,2003 meeting. The Commission recommended approval by a unanimous
vote.
Recommendation
Approval
Attachments
· Location map
· Information from applicant
. Development Review Committee memo
· List of Property Owners Notified
· Correspondence
· Ordinance 0-03-1432
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Location Map
Case Z-03-026 - CN & R20 to PUD-C w/SUP
711 112
&.412 At
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R
Realty Capital Corporation
October 16, 2003
Mr. Clayton Husband
Community Development Coordinator
City ofColleyviIle
5400 Bransford Road
Colleyville, Texas 76034
RE: Zoning request for 2.1 acres located at the northeast comer of Precinct Line Road and
McDonwell School Road - zoning request from CN and R-20 to PUD-Commercial
Dear Clayton:
Please find (22) folded copies of the zoning exhibit, (1) reduced (8 1"2" x II ") zoning exhibit,
zoning application and $500.00 application fee. Please find below responses to the additional
qucstionslrequests for information:
Statement of Planning Objectives
· Realty Capital desires to develop this property into an attractive neighborhood retail
center. This property is well located at the northeast intersection of Precinct Line Road
and McDonwell School Road in an exploding commercial area.
Development Schedule
· Realty Capital intends to start construction on the shell building in the first quarter of
2004 and complete the construction of the shell building in the fourth quarter of2004.
Statement of Proposed Ownership
· The project will be owned by a Texas limited partnership.
Statement of Utilities to be Provided
· Service lines tor water and sewer will be extended to the development during the
construction of the shell of the building. A water line is located along Precinct Line Road
and a sanitary sewer line is located on the west side of Curtis Road.
Economic Development Information
· Please see attached spreadsheet.
Please find below a list of uses that we propose are allowed for this development:
32 Village Lane, Suite 200. Colleyville. Texas 76034 . (817) 488-420() . Fax (817) 424-2448
OCT-20-2003 MON 01 :16 PM
FAX NO,
p, 03
il'l: -: iI!
l ',1 Ilf.!.
Realty Capital Corporation
J. Convenience store wlo gasoline sales
2. Supemlarket/grocery
3. Bakery
4_ Meat and 11Sh market
5. Cafe, cafeteria and restaurant
6. Restaurant with drive-in or drive - thru service
7. General retai 1 sales
8. Pharmacy
9. Drug Store
10. Retail plumbing, electrical and hardware wlo outside display
J I. Hardware w/outside display
12. Book and stationery shop
13. Jewelry. camera, music - sales and/orrepair
14. Florist shop
15. Furniture store
16. Pet shop
17. Barber, beauty salons
18. Dry cleaners (station only)
19. Apparel alterations
20. Health studios
21. Music and dance studios
22. Veterinarian office w/o kennels (unless kennels are located within the office)
23. Interior decorator shop
24. Food catering
25. Medical and veterinary clinics
26. General office
27_ Banks, financial instinnions
28. Day care/day nursery.
We also request that the City allow this development to have the sale of beer and wine (on and
off premise). Thank you for your review of this request and we look forward to working with
you during this process.
Sincerely,
q;'kn
Thomas J_ Wouters
Enclosure
32 Village Lane. Suit.\: 201l, Colleyville, Texa, 76034 . (8\7) 488-4200 . F." (K 17) 424-2448
Zoning Case - Precinct Line Road and McDonwell School Road
Economic Development Information
I. Total Square feet of building area:
20,500
2. Estimated Sales per square foot:
$ 250.00
3. Estimated sales per year:
Assumed 75% of center is retail
$ 3,843,750.00
4. Estimated ad valorum taxes per year:
$ 53,300.00
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COLLEYVILLE, TEXAS
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NOV-06-2003 THU 01:01 PM
FAX NO,
p, 02
1111
Realty Capital Corporation
November 6, 2003
Mr. Clayton Husband. AlCP
City of Colleyville - Development Coordinator
P.O. Box 185
Colleyville, Texas 76034
RE: Zoning Case - Z-03-026 CC2/R-20 to PUD-C - northeast corner of Precinct Line Road and
McDonwell School Road
Dear Clayton:
We are receipt of the Development Review Committee (DRC) comments on the above
referenced zoning case. Please find below our responses to these comments:
I. Regarding the screening - Along the north side of the property we propose an 8'
landscape material as a screen. Along lhe east side of the property (along Curtis Road)
we propose no screening.
2. Perimeter Street Fee for Curtis Road - We fonnally request that the City ofColleyville
wave the perimeter street fee for Curtis Road as well as any roadway impact fee for Curtis
Road. Staff advised that the perimeter street fee for Curtis Road is calculated based on
$114/LF of roadway frontage for the property. This site has 327 LF of frontage along
Curtis Road; therefore, the perimeter street fee will be approximately $37,278.00.
Further, it is our understanding that the City has no plans to improve/widen Curtis Road.
Instead of paying the perimeter street fee for Curtis Road, we propose to use a portion of
these funds to enhance the barrow/drainage ditch along Curtis Road with an irrigation
system, extensive landscaping to include evergreen shrubs and trees and construct a 6' tall
masonry screening wall along the eastern propeny line.
3. Perimeter Street Fee for MeDoDweU School Road - We propose to construct the
paving for a dedicated right turn/straight driving lane at the intersection of McDonwell
School Road. 1beretore. this intersection (when traveling west bound) will have a
dedicated left turn lane as well as a combination right turn/straight lane. These
improvements will be paid for by the developer (total cost for the paving improvements
not to exceed the total charge jor the perimeter street fee for McDonweJl School Road).
4. Right - of - Way Dedication along McDoDwell School Road -In order to accurately
site plan this project, we are requesting additional information from the City regarding the
ROW dedication for McDonwell School Road. We have site planned the property based
on a 75' ROW for McDonwell. Please provide more specific information for the ROW
needed for McDonwell and the intersection of McDonwell and Precinct Line Road.
32 Village LlI/Ic, Suite 200. Colleyville, Texas 76034 . (817) 48S-4200 . Fax (817) 424-2448
NOV-06-2003 THU 01:02 PM
F fiX NO.
p, 03
III
Realty Capital Corporation
5. Sidewalk along Curtis Road - we propose that the City wave the requirement for the
construction of a 4' sidewalk along Curtis Road. A barrow ditch is adjacent to this road
and there is not enough land area between the barrow ditch and the street to construct a 4'
sidewalk.
Thank you for your consideration of these issues and we look forward to hearing from you with
any questions and/or comments.
Sincerely,
ty Capital Corporation
~.
32 Village !.Me. Suite 200. Colleyville. Tcxa. 76034 . (817) 488-4200 . Fa>. (817) 424-2448
Riilli.1
.....,',-.. ..-...."...... ,.',".,.,.,.,.
Realty Capital Corporation
November 10, 2003
Mr. Clayton Husband, AICP
City of Colleyville - Development Coordinator
P.O. Box 185
Colleyville, Texas 76034
RE: Zoning Case ~ Z-03-026 CC2/R-20 to PUD-C - northeast comer of Precinct Line Road and
McDonwell School Road
Dear Clayton:
On Saturday, November 8lh, we conducted a neighborhood meeting with some of the residents
and property owners that are adjacent to and near the above referenced property. At this meeting
we presented the development plans for this site. We discussed at length the proposed screening
along Curtis Road and our neighbors wanted a heavy landscape screen instead of a masonry wall.
Our neighbors wanted a screen that would grow in height and create a more natural setting.
Therefore, we propose a heavily planted landscape/living screen along Curtis Road, comprised of
leyland cypress trees, live oak trees and shrubs instead of a masonry wall.
Thank you for your consideration of this issue and we look forward to hearing from you with any
questions and/or comments.
Sincerely,
ealty Capital Corporation
M~
32 Village Lane, Suite 200, Colleyville, Texas 76034 . (817) 488-4200 . Fax (817) 424-2448
R
Realty Capital Corporation
November 22, 2003
Mr. Clayton Husband, AICP
City of Colleyville - Development Coordinator
P.O. Box 185
Colleyville, Texas 76034
RE: Zoning Case - Z-03-026 CC2/R-20 to PUD-C - northeast comer of Precinct Line Road and
McDonwell School Road
Dear Clayton:
At the Planning and Zoning Commission meeting for the above referenced zoning case a number
of citizens presented concerns about Realty Capital's Special Use Permit request for Alcoholic
Beverage Sales on this property. Please find below some discussion points regarding this issue:
I. The intersection of Precinct Line Road/North Tarrant Parkway/McDonnell School Road
is an area of active commercial development. Directly across Precinct Line Road from
this property is a Wal-Mart Super Center and Super Target. Both the Wal-Mart and
Target have beer sales. There is a new Mexican Restaurant in-line at the Wal-Mart
Center that serves alcohol. The alcohol sales from these two power centers will dwarf
any alcohol sales that this small neighborhood retail development will ever have.
2. The Keller Independent School District is planning to construct an elementary school on
KISD property that is near this property (this property is located in an area of heavy
commercial development). These property lines are within three hundred feet of one
another and when the school opens, alcohol sales at this property will not be allowed
(unless the City of ColIevville approves this Special Use Permit request prior to the
openinl! of the school).
3. If alcohol sales are not allowed at this property, cafes and restaurants will be chased to
other available sites and centers directly across Precinct Line Road.
4. The future KISD elementary school most likely will end classes around 3 PM. If this
proposed retail center had a restaurant that served alcohol, the great majority of all
alcohol sales will occur well after the school has let out classes for the day.
5. The City currently has schools (Bransford Elementary and Colleyville Heritage) located
near commercial zones that contain restaurants with bars that serve alcohol. We are
unaware of any significant health risks posed to these schools by the sale of alcohol at
these and other locations.
32 Village Lane, Suite 200. Colleyville. Texas 76034 . (817) 488-4200 . Fax (817) 424-2448
II
Realty Capital Corporation
Thank you for your consideration of these ideas and we look forward to working with the City
towards a mutually beneficial agreement.
Sincerely,
Rq~T;;i:~
Thomas J. Wouters
32 Village Lane, Suite 200, Colleyville, Texas 76034 . (817) 488-4200 . Fax (817) 424-2448
R
Realty Capital Corporation
November 22, 2003
Mr. Clayton Husband, AICP
City of Colleyville - Development Coordinator
P.O. Box 185
Colleyville, Texas 76034
RE: Zoning Case - Z-03-026 CC2/R-20 to PUD-C - northeast comer of Precinct Line Road and
McDonwell School Road
Dear Clayton:
As we have discussed, RCC believes that it is critical to the success of this and any retail
development on this property for the intersection of McDonwell School Road and Precinct Line
Road to be improved to allow additional turning movements. Specifically, RCC requests that the
City agree to use the perimeter street fee for McDonwell School Road with City funds to create a
dedicated left turning lane and combination right turning/straight lane. RCC requests that these
street improvements be completed within thirty days from completion of the shell of the retail
building planned for this property. If RCC's zoning and building plans are approved, RCC may
be able to complete the construction of this shell building by late 2004.
After meeting with the homeowners in this area and hearing their stories about the traffic
problems on McDonwell School Road, it is clear that this street and especially the intersection
are long overdue for improvement. Hopefully, RCC and the City will be able to combine funds
to improve this intersection.
Thank you for your consideration of this request and we look forward to working with the City
towards a mutually beneficial agreement.
Sincerely,
~p;w::Hon
Thomas J. Wouters
32 Village Lane. Suite 200, Colleyville, Texas 76034 . (817) 488-4200 . Fax (817) 424-2448
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Estimated intersection improvement costs BHB Engineering & Surveying
309 W. 7th Street, Ste 500, Fort Worth, TX 76102
(817) 338-1277 Fax 338-9245
Engineer's Estimate of
PROBABLE CONSTRUCTION COST
for
McDonwell School Road (Precinct Line to Curtis Road)
Colleyville, Texas
12/16/2003
No. Item Description Quantity Unit Unit Cost Amount
1 Unclassified Roadway Excavation 1250 CY $8.00 10,000
2 2 - 4'X2' Reinforced Concrete Box Culverts 75 LF $250 18,750
3 Concrete Headwall for Box Culvert 2 EA $1,750 3,500
4 10' (Reinforced Concrete) Curb Inlet 2 EA $2,000 4,000
5 24" RCP Storm Drain 50 LF $42 2,100
6 4' Square Drop Inlet 1 EA $2,250 2,250
7 6" Attached Concrete Curb 1000 LF $3.50 3,500
8 6" Cement Stabilized Subgrade 1750 SY $7.50 13,125
9 Cement for Subgrade Stabilization 30 Ton $100 3,000
10 6" Reinforced Concrete Pavement 1575 SY $26 40,950
11 Misc. Utilities Adjustments 1 EA $1,500 1,500
12 Signage & Paint Striping 1 LS $5,000 5,000
13 4' Concrete Sidewalks (& HIC Ramps) 2500 SF $4.00 10,000
14 Topsoil for Parkways 125 CY $12.00 1,500
15 Landscape (Median & Parkways) 750 SY $5.00 3,750
16 Irrigation System for Median & Parkways 1 LS $2,500 2,500
17 Erosion Control (During Construction) 1 LS $1,500 1,500
18 Traffic Control (During Construction) 1 LS $2,000 2,000
Subtotal= 128,925
Contingency = 10% 12,893
Total for Construction = $141,818
Surveying & Engineering 20,000
Signal Modifications 25,000
Materials Testing 2,000
TOTAL PROJECT COST = $188,818
Page 1 of 1
CITY OF COLLEYVILLE
COMMUNITY DEVELOPMENT DEPARTMENT
DEVELOPMENT REVIEW COMMITTEE
DATE October 29, 2003
TO
FAXlEMAIL
FROM
Tom Wouters
Donald K. Blackburn Trust
~
twouterslalrealtycapital.com via mail
Clayton Husband, AICP, Development Coordinator
SUBJECT
Z-03-026 CC2/R20 to PUD-C - Northeast comer of Precinct Line Road and
McDonwell School Road
The Colleyville Development Review Committee (DRC) has reviewed your zoning exhibit
and zoning change request submitted to this office. The following comments are for your
consideration.
GENERAL INFORMATION
I. If the zoning request were approved, the property would be subject to the general provisions
of the CC2 zoning district and any conditions imposed by the Planning and Zoning
Commission and City Council as part of the Special Use Permit. Detailed review for
compliance with the regulations will take place during the site planllandscape plan and
construction phases ofthe project.
2. If the zoning change is approved, a subdivision plat must be submitted and approved by the
Planning and Zoning Commission and City Council before construction may begin on any
structures.
ZONING EXHIBIT
1. The drawing does not indicate whether screening will be provided along the north
property line or along Curtis Road. What type of screening will be provided in these
areas?
2. A TxDOT Access Permit is required for the drive approach on Precinct Line Road.
Contact TxDOT at 817-370-6526 for application information. Both TxDOT and the City
must approve the permit.
3. This building will require an automatic fire sprinkler system, fire alarm system, Knox
box system, and fire vault. The alarm and sprinkler system permit must be obtained
directly from the Fire Marshal office. Contact Jeff Jones, Fire Marshal, at 817-488-6277
for specific permit requirements.
P.O. Box 185 - COLLEYVILLE. TEXAS 76034 - 81 7.577.7587
DEVELOPMENT REVIEW COMMITTEE
Z-03-026 COllEYVlllE GATEWAY
4. All signs proposed for the building or property require a separate permit. Contact the
Building Inspection Department at 817-577-7570 for sign permits and requirements.
5. Trinity Waste Services has an exclusive commercial franchise in Colleyville for solid
waste services. Service arrangements must be made directly with Trinity. For
information, contact Trinity at 817-332-7301.
OTHER INFORMATION
1. RIGHT-OF-WAY DEDICATION. McDonweIl School Road is classified as a Minor Collector
on the Master Thoroughfare Plan. A Major Collector requires a right-of-way width of 75
feet. When the subdivision plat of the property is submitted, right-of-way dedication may
be required along McDonwell School Road. Additional right-of-way dedication may be
required at the intersection.
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 fees listed below are intended to
provide general information on the fees that could be assessed. The actual fee paid may
be different depending upon the specific plans for construction.
SEWER
$773 per 1,000 square feet gross floor area for SPECIALTY RETAIL CENTER uses.
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.
ROADWAY
WATER
3. PERIMETER STREET IMPROVEMENT REQUIREMENTS. Perimeter street improvements are
required for this property since McDonwell School Road and Curtis Road are considered
unimproved streets. As part of the subdivision plat and construction process, the
developer is required to construct one-half of the streets or provide an equivalent amount
of cash escrow for future improvement by the City. The response letter to these
comments should indicate the developer's initial intention of construction or escrow
regarding these streets. Street construction or the escrow of fund is not required at this
time.
4. PARKLAND DEDICATION. Parkland dedication fees are due at the time of approval of the
subdivision plat. The fee for commercial uses is $800 per acre. An assessment of
parkland dedication fees will be provided upon the review ofthe plat.
5. SIDEWALKS AND TRAilS. The Land Development Code requires sidewalks along Curtis
Drive and McDonwell School Road. The sidewalks must be installed when any new
construction occurs on the property. The sidewalks must be at least 4-feet wide on Curtis
Drive and 5-feet wide on McDonwell School Road. This property is also subject to the
provision of the CoIleyville Pathways Plan, which requires construction of hike and bike
facilities along Precinct Line Road. The Pathways Plan requires a 10-foot wide trail
PAGE20F3
DEVELOPMENT REVIEW COMMITTEE
Z-03-o26 COLLEYVILLE GATEWAY
along Precinct Line Road. The developer is required to construct the trail as part of the
improvements for this property.
PUBLIC HEARING SCHEDULE
Planning & Zoning Commission:
City Council:
Monday, November 10, 2003, 7:00 p.m.
Tuesday, December 2 and December 16, 2003, 7:30 p.m.
RESUBMITTAL REQUIREMENTS
Please submit a letter addressing the questions in this review memorandum. The response
letter must be submitted no later than Wednesday, November 5, 2003 in order to make the
scheduled hearings. Please contact me at 817-577-7587 or husbandc@ci.collevville.tx.us if
you have any questions.
1 c: DEVELOPMENT REVIEW COMMITTEE
PAGE30F3
The City of Colleyville
Franklin & Bessie Cox
6608 Curtis Road
Colleyville, TX 76034
James & Suzan Friese
6700 Curtis Road
Colleyville, TX 76034
Brian & Kimberly Gogle
6704 Curtis Road
ColleyvilIe, TX 76034
Philip Casey
8404 Precinct Line Road
ColIeyville, TX 76034
State of Texas
P.O. Box 6868
Fort Worth, TX 76115
Thomas & Margie Gale
8402 Precinct Line Road
ColIeyville, TX 76034
Paula & Keith Long
8310 Precinct Line Road
Colleyville, TX 76034
Timothy Hamm & Carla Johnston
730 Valley View Court
Argyle, TX 76226
Nina Aarons
321 Fleming Drive
Hurst, TX 76053
Terry & Eva Johnson
6600 Herbert Road
Colleyville, TX 76034
WE Williams & W J Cunningham
6602 Herbert Road
Colleyville, TX 76034
Thomas Coyne
6604 Herbert Road
ColleyvilIe, TX 76034
Harry & Sharon Hardy
6606 Herbert Road
Colleyville, TX 76034
Lula Brewer
6608 Herbert Road
Colleyville, TX 76034
Orlene Williams
6700 Herbert Road
Colleyville, TX 76034
Eddie Snyder
6704 Herbert Road
Colleyville, TX 76034
Bonnie Lasater
6703 Curtis Road
Colleyville, TX 76034
David & Barbara Cole
6701 Curtis Road
Colleyville, TX 76034
Mark Daniel Phillips
6609 Curtis Road
Colleyville, TX 76034
Deborah Bliss
6607 Curtis Road
Colleyville, TX 76034
Mark Laprade
6605 Curtis Road
Colleyville, TX 76034
Ronald & Lisa BalIard
6603 Curtis Road
Colleyville, TX 76034
Shirley & Michael Simons
6601 Curtis Road
Colleyville, TX 76034
James Phillips
PO Box 51
Eagle Nest, NM 87718
KelIer ISD
Attn: Tom Myers
100 Main Street
Fort Worth, TX 76102
Jeff Baker
Keller ISD
350 Keller Parkway
Keller, TX 76248
Raman Chandler
PO Box 611
Colleyville, TX 76034
Wayne Deaton
8200 Precinct Line Road
Fort Worth, TX 76180
E W Deaton
114 Quail Run
Colleyville, TX 76034
City of North Richland Hills
7301 N.E. Loop 820
North Richland Hills, TX 76180
Donald K. Blackburn Tr
Donald Blackburn Trust
1370 Randol Mill
Roanoke, TX 76262
Realty Capital Corp.
32 Village Lane, Suite 200
Colleyville, TX 76034
Case Z-03-026 (Notices dated: October 30,2003)
According to the last published Tax Record, individuals who own property that is within the 500'
of the proposed special use permiUand-or/zoning change request are listed above. I certify that
the parties listed above have been notified ofthe proposed change request as required by
the Texas Local Government Code and the Colleyville Land Development Code.
Jan Levy d
Planning t'~ning Assistant
November 10th, 2003
Jeff Baker
Planning and Demographics Coordinator
Keller Independent School District
350 KeIler Parkway
Keller, Texas 76248
817-744-1207
.iffi.ak er(a)k ell erisd. net
City of CoIleyville
Planning and Zoning Commission
P.O. Box 185
ColleyviIle, Tx 76034
Re: Case Number Z-03-026
To the Esteemed Members of City ofCoIleyville Planning and Zoning Commission:
My name is Jeff Baker and I am the Planning and Demographics Coordinator for the
Keller Independent School District located at 350 KeIler Parkway in Keller, Texas. This
letter is to officiaIly inform the City ofCoIleyville's Planning and Zoning Commission of
the KeIler Independent School District's opposition to the Special Use Permit that is
trying to be obtained in this case.
This case involves a Special Use Permit that would allow the sale of alcoholic beverages
on property located at the northeast comer of McDonwell School Road and Precinct Line
Road. As you are aware, the Keller Independent School District owns property on
McDonweIl School Road and Precinct Line Road. The property that is owned by the
KeIler Independent School District will eventually become an elementary school. We
have already been in preliminary discussions with leaders from the City of ColleyviIle to
begin the process of building an elementary school on this site. We anticipate opening
this new elementary school in August 2005.
While the Keller Independent School District is not necessarily opposed to the Zoning
Change from CN and R20 to Planned Unit Development-Commercial-the district is
opposed to the Special Use Permit that would aIlow the sale of alcoholic beverages on
property directly across from our future elementary school for the following reasons:
I) The sale of alcohol and possible consumption of alcohol in such close
proximity to an elementary school poses a very dangerous health risk (not
only to K.LS.D. students but to residents and citizens in the immediate area).
The Keller Independent School District respectfully requests that the City ofColleyville
Planning and Zoning Commission deny the Special Use Permit that would allow the sale
of alcoholic beverages on property located in such close proximity to a future elementary
school. I would just like to thank you for your time and attention to this matter. Thank
you.
Sincerely,
Jeff Baker
Planning and Demographics Coordinator
Keller Independent School District
Cc: Mr. Charles Bradberry
Superintendent
Keller Independent School District
ORDINANCE 0-03-1432
AN ORDINANCE AMENDING CHAPTER 3, LAND USE OF THE LAND
DEVELOPMENT CODE OF THE CITY OF COLLEYVILLE, TEXAS, BY AMENDING
THE OFFICIAL ZONING MAP AND CHANGING THE ZONING OF LOTS 1, 2, 3, 26,
27 AND 28 BLOCK 2, FAIRWAY ADDITION, FROM THE R20 SINGLE FAMILY
RESIDENTIAL AND CN NEIGHBORHOOD COMMERCIAL DISTRICTS TO THE
PUD-C PLANNED UNIT DEVELOPMENT COMMERCIAL DISTRICT; PROVIDING
FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING A SAVINGS CLAUSE;
AUTHORIZING PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, an application for a zoning change was filed by Realty Capital
Corporation on September 30,2003, under Case No. Z-03-026; and
WHEREAS, the City of Colleyville has complied with the notification requirements of
the Texas Local Government Code and the Colleyville Land
Development Code; and
WHEREAS, the Planning and Zoning Commission has held a public hearing and
made a recommendation on the proposed zoning amendment; and
WHEREAS, the City Council has determined that the proposed zoning amendment is
in the best interests of the City of Colleyville.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
COLLEYVILLE, TEXAS:
Sec. 1.
THAT the Master Plan, the Land Development Code of the City of
Colleyville, Texas, and the Official Zoning Map are hereby amended
insofar as they relate to certain land located in Colleyville, Texas, as
shown on the Zoning Map attached as Exhibit "A", and described as
Lots 1, 2, 3, 26, 27 and 28 Block 2, Fairway Addition, by changing
the zoning of said property from the R20 Single Family Residential
and CN Neighborhood Commercial districts to the PUD-C Planned
Unit Development Commercial district, including any other conditions
and restrictions imposed and approved by the City Council, which
are incorporated herein.
Sec. 2.
THAT the PUD-C area shall be subject to the following conditions:
1. GENERAL
a. The purpose of this PUD-C is for office and retail land uses.
b. This property is subject to all the regulations contained in the
Colleyville Land Development Code, except where amended by
this Ordinance.
Ordinance 0-03-1432
Page 2 of 4
2. PERMITTED AND PROHIBITED USES
a. The following land uses shall be permitted within this Planned
Unit Development.
(1) All uses allowed in the CC1 and CC2 zoning districts
(2) Day care center or Day nursery
(3) Any use in the CC1 or CC2 districts that are subject to
approval of a Special Use Permit shall be required to obtain
approval of said Special Use Permit in accordance with the
Land Development Code
b. The following land uses shall be prohibited within this Planned
Unit Development.
(1) Building material sales with or without outside storage
3. ALCOHOLIC BEVERAGE SALES
a. A Special Use Permit for alcoholic beverage sales for on-
premise consumption in conjunction with a restaurant use is
hereby authorized.
b. A Special Use Permit for alcoholic beverage sales for off-
premise consumption for a specialty wine shop or gourmet food
store is hereby authorized.
c. This property is subject to the distance provisions from schools
as required by the Colleyville Code of Ordinances and Texas
Alcoholic Beverage Code.
3. CONCEPTUAL SITE PLANS AND PLATTING
a. The arrangement, location, footprint and elevations of buildings
within the PUD-C may differ from that shown on the attached
Exhibit "8" and Exhibit "e" and will be determined at time of site
plan approval.
b. Prior to the issuance of any development permits within this
PUD-C and as a condition to the development of the subject
property, the developer shall obtain approval of a final plat of the
property in accordance with the procedures and requirements of
the Colleyville Land Development Code.
Ordinance 0-03-1432
Page 3 of 4
4. LOT REQUIREMENTS AND SETBACKS
a. The lot requirements and setbacks shall be the following
minimum standards:
(1) Minimum Lot Size
(2) Building Line adjacent to street
(3) Side Building Line
(4) Rear Building Line
None
40 feet
15 feet
15 feet
b. The building shall not exceed thirty-five (35) feet in height.
5. OPEN SPACE AND LANDSCAPING
a. The building site shall comply with the minimum landscaping
requirements of the Land Development Code, which shall
satisfy the open space requirements for the PUD-C area.
b. There shall be constructed a landscape screen along the north
property line that shall consist of a row of evergreen shrubs,
which shall reach a height of eight feet within two years after
development of the site. The landscape screen shall be
constructed prior to the issuance of a certificate of occupancy
on the property.
c. There shall be constructed a landscape screen adjacent to the
east property line on Curtis Road that shall consist of a row of
evergreen shrubs, which shall reach a height of eight feet within
two years after development of the site. The landscape screen
shall be constructed prior to the issuance of a certificate of
occupancy on the property.
6. LIGHTING
a. Lighting on the buildings shall be shielded and designed to
direct the light downward and away from adjacent residential
properties.
7. SIDEWALKS AND TRAILS
a. The developer shall construct a 5-foot wide sidewalk adjacent to
McDonwel1 School Road, unless funds are escrowed with the
City for future construction of the sidewalk.
b. The developer shall construct a ten (10) foot wide hike and bike
trail adjacent to Precinct Line Road.
Sec. 3.
Sec. 4.
Sec. 5.
Sec. 6.
Ordinance 0-03-1432
Page 4 of 4
c. Sidewalks shall not be required adjacent to Curtis Road along
this property's frontage.
THAT any person, firm, or corporation violating any of the provisions
of this ordinance shall be guilty of a misdemeanor and upon
conviction thereof shall be fined a sum not to exceed Two Thousand
Dollars ($2,000.00). Each and every day such violation continues
shall constitute a separate offense and shall be punishable as such.
THAT the Land Development Code of the City of Colleyville, Texas,
shall remain in full force and effect, except where amended by this
ordinance.
THAT the City Secretary is hereby authorized and directed to cause
publication of the descriptive caption and penalty clause hereof as an
alternative method of publication provided by law.
THAT this ordinance shall become effective immediately upon
publication.
AND IT IS SO ORDERED.
The first reading and public hearing being conducted on the
2003.
day of
day of
The second reading and public hearing being conducted on the
2003.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
APPROVED AS TO FORM AND LEGALITY:
Ross T. Foster
City Attorney
EXHIBIT A - ZONING MAP
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CITY COUNCIL
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cc~n~ AGENDA BRIEFING
le.'I:<l$
MEETING DATE:
ITEM#: i
RESOLUTION #: i
,
01/06/04
13
R-03-2283
CITY MANAGER i
DEPARTMENT HEAD
FINANCE REVIEW '
Previous Action: TABLED 12/16/03
DEPARTMENT: CITY COUNCIL
SUBJECT: To override the Mayor's veto of Resolution R-03-
2276, appointing members to the Planning and
Zoning Commission
Update
City Council tabled this item at the December 16, 2003, Council meeting.
Reading and Public Hearing
This item provides for the Council's consideration of the Mayor's veto of Resolution R-03-2276,
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-03-2276
. Resolution R-03-2283
City of
T HE CITY OF COLLEYVILLE
TEXAS
Texas
DEe -4 2003
JOE HOCUTT
MAYOR
CITY SECRETARY'S
OFFICf
To: Cynthia Singleton, City Secretary
Colleyville City Council
RE: R-03-2276 Planning & Zoning Commission Appointments
During the election I made a commitment to the citizens of Colley vi lie 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 R-03-2276.
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 positive way.
Respectfully,
100 MAIN STREET
COLLEYVILLE, TX 76034
817.503.1140
FAX 817.503.1139
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RESOLUTION R-03-2276
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:
· Place 5
· Place 6
· Place 7
Dave Dudziak
Tom Hart
Luann Edwards
AND IT IS SO RESOLVED.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2003, BY A VOTE OF
ABSTENTIONS.
ATTEST:
CITY OF COLLEYVILLE
Vetoed by Mayor Hocutt on December 2,2003
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
RESOLUTION R-03-2283
A RESOLUTION TO OVERRIDE THE MAYOR'S VETO OF RESOLUTION R-03-2276
APPOINTING A MEMBER TO THE PLANNING AND ZONING COMMISSION
WHEREAS, Mayor Hocutt has vetoed Resolution R-03-2276, 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-03-2276, appointing members to the Planning and Zoning
Commission.
AND IT IS SO RESOLVED.
APPROVED THIS
AYES,
DAY OF
NAYS AND
2004, BY A VOTE OF
ABSTENTIONS.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
CITY COUNCIL
~n", AGENDA BRIEFING
7"l';o;~':;
MEETING DATE: ! 01/06/04
ITEM #: i 14
RESOLUTION # : R-03-2284
CITY MANAGER
DEPARTMENT HEAD
FINANCE REVIEW
Previous Action: TABLED 12/06/04
DEPARTMENT: CITY COUNCIL
SUBJECT: Consideration of appointments to the Planning and
Zoning Commission
Update
City Council tabled this item at the December 16, 2003, Council meeting.
Reading and Public Hearing
On December 4, 2003, Mayor Hocutt vetoed Resolution R-03-R-03-2276, which was
approved by City Council on December 2, 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-03-2284
Planning and Zoning Commission
Meets Second and Fourth Monday at 7:00 p.m. in Council Chambers
PLACE 1
Bruce Kelly
3001 Scarborough Lane
Colleyville, TX 76034
W: 817.999.9115
H: 817.355.1145
F: 817.355.1145
brucek6063@sbcolobal.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
ibvertv@msn.com
TERM: September 2002 - 2004
PLACE 4
Jeffrey Wall
7900 Jefferson Circle
Colleyvilie, TX 76034
W: 817.577.0698
H: 817.577.0698
F: 817.281.1698
iwaIl52703@aol.com
TERM: September 2002 - 2004
PLACE 6
Mark Jones
3604 Wexford Court
Colleyville, TX 76034
W: 214.801.7626
H: 817.540.1021
F: 817.540.6527
ionesma@swbell.net
TERM: September 2001 - November 2003
PLACE 3
Earl Swift
207 Virginia Square
Colieyville, TX 76034
H: 817.498.8780
F: 214.855.1962
oerrvswift(cj)comcast.net
TERM: September 2002 - 2004
PLACE 5
Bob Culley
4737 Lakewood Drive
Colieyville, TX 76034
W: 817.581.5601
H: 817.656.2389
F: 817.247.8012
bcullev(cj)lvbrands.com
TERM: October 2001 - November 2003
PLACE 7
Bud Sellers
7004 Rosebrook
Colleyville, TX 76034
W: 817.329.1970
M: 817.308.5013
budsellers1 @aol.com
TERM: September 2001 . November 2003
LIAISON
Jon Ayers
4808 Meandering Way
Colleyville, TX 76034
W: 817.267.9009
H: 817.267.1630
F: 817.318.0663
M: 9725716647
aversi(cj)ci .collevville. tx. us
LIAISON
Mark Skinner
4108 Greenway Court
Colleyvilie, TX 76034
W 214.957.1834
H 817.498.5698
F: 817.514.6664
M 214.9571834
skinnerm@ci.collevville.tx.us
Revised 10/09/0.1
Application for Appoint
SEP 1 0 2003
TexaS
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:llwww.collevville.comlboardslaoolication.aso> 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)
SBA, 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? ,i
_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
cllyor
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.collewille.com/boards/aoolication.aso> or by contacllng 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, Co/leyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555
Ms.
Mrs.
~ Name:
SEP 17 m
'Texas. C!1Y 0:: ,.,.,. :V!i: I
Application for Appointment . \.1\.-'--' . ._l..
IDee
A.
(MI)
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, GC/SD 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 TlFRZ Board, SH-26 Advisory Committee,
1991 Bond Committee, GC/SD 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 opportunWes 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 commis.sion
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.
CitySecrerary P.O. Box 185, Colleyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555
fie
~IE <<: IE ~ \W fE ';'
SEP 1 7 2003 .:::..
CITY SECRETARY'S
.. - .... OFFICf
oard of Adjustment
Conflid of Interest forms (2) two
e Public Notice. These forms are
slapplication.asp> or by contacting the
.203.
Clel :r
(MI)
C otfeyv ; 1/ e
ephone: "6/7- 4 fSl- ~r;11
S 11 ~ !f 1/- ~ 2- -r~'
P f 1- Cow.-Ik iss i or;
lance that would assist you in
f I V~rS.
can make to this appointment
mmission, or Committee)
- J/vv;J( e.. I io, J, e'3 +-
-'
,
s required for each appointee?
Date: D".... ?S--c:--.:..
ion will be removed from the"
ic Record.
: B17.5n.7575 FIIX: 817.577.7-"
ax:
reX8&
Application for Appoin
Planning and Zoning Commission and Zoning B
applicants are required to file Financial Disclosure and Business
business dllfi after the application deadline as advertised in th
available on ,...c.y's website at <http://www.collevville.com/board
City Secretary at 817.577.7575, ext
Ms.
Mrs.
~)
Name: B radv YV1. i cJ-1
(Last) r (Fir,t)
Address: C'tO f C fA- +rer R. i dj e C-r.
Home Telephone: 8(1- (, '5 b-?. "1 s-f Work Tel
Email Address:
- ----
Board, Commission or Committee Appointment Desired:
Qualifications: (list educational background or exper
carrying out the duties of this appointment)
c;:l{ e.~ r eA--1 eS:rd-~ L (D K e.-r +.7(,-
Reasons for Serving: (state briefly the contributions you
and your reasons for wanting to serve on the Board, Co
-:.-1 'l ~ _ Lv~s i VI ~55~~ .;! r e.s.i :l~,k
~,,-1 L t.. -::.-{- L-L.S:c c-f +h't:';"- r::"/0
Do you understand that attendance and active support i
Lyes _no
Signature:
Once the City Council has filled a po lon, your applicat
and you must reapply for future openings.
This infonnation will become a Publ
City Se,,,,..')' P.O. Box ''', CoIleyvlller 110,., ""..e
Gnv Of Gollevvllle
c1nancaal DlSCbsure and BusIness Con~trcr r.' lmeres' =N'Tl~
INFORMATION STATEMENT
Form 1
Filed In accordance with Ordinance 02-1322
For more infonnatJon see INSTRUCTION GUIDE
TOTA:. ";:J!'.~~=R or- ......G~S ~~E:
OFFICE USE ONLY
NAME
TI1\.' "...... /Y1"~ e..( .7.
2 ADDRESS
A:l::JR;;SS,C:"I"':S'U,T:: Z'I"'
/3rCV?iy
(pYa( ~-ff-e,r e,i~e C:I-.
Colle yvi II e( 7'f 7~tJ 3Y-
SEP 1 7 2D03
~II"M"..w;:; l...q~I;:=-'"
CITY SECRETARY'S
OFFICF
3 TElEPHONE
NUMBER
"'~c"'CO:l:.
'"wCJ'oj; "'....EFl iXTiNSI(>>t
A-=-r. ""'~. AmJu..
( %/7)
(P5fo-::l1l~/
--
,..-
4 REASON
FOR FILING
STATEMENT
[] CANDIDATE
[] ELECTED O~FICIAL
ilNDICATE OFFICE)
,n-.D:CATE OrrteE)
[] ZONING BOARD OF ADJUSTMENT IAPPlICANTORAPPOINTEEl
~PLANNING AND ZONING COMMISSION (APPLICANT OR APPOINTEE) ~
[] TWO (2) BUSINESS DAYS FOLLOWING THE CLOSING OF FILING FOR ELECTIVE
OFFICE OR APPOINTMENT
[] CHANGES TO BE FILED JANUARY 15TH
o CHANGES TO BE FILED JULY 15TH
[] SUPPLEMENTAL CHANGES
I 0 n-o.,ae rntofTIlalian tor spouse and dependent children wnose tmanClal acTIVIty 1tle filer had actual control over auong
I !h:~ filIng ""nod I~ additIon. !he SOUrce of annual Income of ttle spouse Sha!! be proVIded. as subject te !ederal electIOn
reporting reqUirements for a spouse:
I ~,oc" Lib b~ W, ~ r,,-Zi
I ~ DEPENDENT CHILD 1 'M~CK... "B. oy
2
I
I
I f 0 NO CHANG::: I do bv here verify that there nas been no cnanges since the prevIous filing at tne FInancial Disclosure
I and BUSiness Conftle! of Interest Forms PLEASE SE::: FORM a
I
3
In P3~~ '-4 d'sclo~ your financial activIty dunng the 12 months proceeding the date 0' fIling. In part 5 disclose not only
vour own finanCial actlVllV. but also that of vour SDOUSe and/or dependent child or children. if you had actual control over
tnat person's financIal actIvIty
COpy AND ATTA
ADDITIONAL PAGES AS NECESSARY
DATE -~""!"'~3---
INITIAL "ER:::
Crtv 0' Collevv.11e
Fmancla! Dlsctosure and Buslne'ssCon!hC'T c' tnr'!='res' =~."T'5
SOURCES OF OCCUPATIONAL INCOME Form 2 1
,
I
When reporting Informabon aOOut a dependent child's actIVIty, Indicate \tle Child about whom you are reponing by
providing tne numDer under WhiCh the child IS listed on FORM 1.
1
INFORMATION RELATES TO ~FJLEA o SPOUSE o DEPENDENT CHILD
? NAME AND AOORESS or- EMPLOVE'R I F'OSITDN HE~C'
EMPLOYMENT ~ -fr.A./y .:2- f L ~ i ]J E'6 e...
o EM='LOY::O BY ANOTHER q;J...L/ 5. rJ1a...i'7 5 f-: I ~7)
bVPfe Vll1. f!{ ~ 7 f; osl
~L= EMPLOYED NATUR~OFOCCUPATK)N J NAMEANDAOCRESS IPQSrrlONHE:..D
Dro/<e r
INFORMATION RELATES TO o FILER ~POUSE o DEPENDENT CHILD
I NAME AND ADORESS or EMPLOYE'l=l ,. POsrrDN ~lD
EMPLOYMENT
[j EMoLOY::O BY ANOTH::A ~r r;;2.( LeM~ E~e-
q;{O S. ~ 5i: I-S.-o
I
b rtt e- ~A~U~ Q:;CUPAT:J:AMC ::L:~S::~~ HC~
I
!
I ~::L= ::M='Lov::D tlW 11 e.r ! of-hce ~~.ef
I
I
INFORMATION RELATES TO o S?O~5::: o DEo::NDENT CHILD
:::J -I -R
I .... L::
~,;AM: M~:: A~~~:S'::':Y [)..~:,,~V~O;' D8srnc,>; ~C...:
EMPLOYMEN-:-
L ::MoLOY::O BY ANOTH::R
r..ATuRC c; OCCUPATKJN
-
U SEe= EM=LOY::D
I
i COPY AND ATTACH ADDITIONAL PAGES AS NECESSARY
INITIAc HER:: ~ DATE _q/I~1.oo~
Crtv of COllEtVVIUe
Flnancl8l o.sclosure and Business Ccn1hCT c' tnteres. =,.:rms
INTERESTS IN REAL PROPERTY Form 3
DeSCribe all beneficial Interests In real property held or aCQuired bV you. your spouse. or a dependent child dUring the
calenoar year WIthin the area crosshaTcned on the map attached TO Ordinance 02-'322.
For more Intormatlon see INSTRUCTION GUIDE
When reporting In!ormanon abOUT a dependenT Chllcl'S actMty. IndIcate the Child about whom you are reponing oy prOViding
the number under which the Child IS listed on Form 1.
, HELD OR ACQUIRED BY o FILER o SPOUSE o DEPENDENT CHILD
~ DESCRIPTION Lot City
Block Cuunty ---~~
SUbdiVIsion Ad Valorum Tax AccounT Number
I I Acres and 1 ract
3 STREET ADDRESS S'ffiEET ADDRESS. INCLUDING CITY. COUNlY. AND STATE
o NOT AccLlCA.BLE
, L!STTHE NAMES AND .lUlDRESSES OF OTHE." PERSONS OR BUSINESS ENTiT!ES
~ NAME I WHICH OWN AN INTEREST IN THE REAL PROPERTY
" INDIVIDUAL I
'---' I
0 BUSiNESS I
I
HELD OR ACQUIRED BY o FILER o SCOUSE o DEPENDENT CHILD
2 DESCRIPTION
I LOl City -
I
I Block -- ~- ------~------- County _______ __ _ --
I SuOdrvl5'O" Advalorum Tax Account Numbe'
I -. ---~~ --~--_._-
I Acres and TraG'! _.._------~ -~-- - - -- -
_.___ u
I .~ STREET ADDRESS STRFF'" bJ1l1RFSg INrJ llDIN{l (':JTY COUNTY ANn STATf
I [J NOT ,4:l0UCABL.=
I
,
i i
I , NAME LIST THE NAMES AND ADDRESSES OF OTHER PERSONS OR BUSINESS ENTITIES
I C INDIVIDUAL "~.'j-'~c~ owr-~ Af'; i~~TEP.EST \~~ THE REAL PROPEP."'Pr'
I ,..., BUSINESS
~
I COpy AND ATTACH ADOITIONAL PAGES AS NECESSARY
INITIAL HERE -~ .-.-- DATE __5..1~!__
Ctrv Of Collewllle
I=Inanclal Disclosure and Business Canjll:r C'" In'f>re~. = r'~rr-
Gifts
Form 4
IdentIty any person or organlzabon that has gIven a gIft worth more than S250 to you. or those under your fInancIal
contrtJl as defined In Ordln&ce 02-1322 Do not,nclude: 1) expendrtures reQuited to be reported Dy II person required
to be reglslared as a IObby's! unoer Government Code. Chapler 305. 2) polItICal conlnbubons reported as reaulred Oy
law. or 31 gilts gIven bv a person related to the reclp,ent WIthin the second degree by consangUInity or afflMv
When reDortlng informatIOn about a dependent child's actMty. Indicate the child about whom you are reportlno bv DC VICino
me numoer uncler WhICh the chllc IS Ilsteo on Form 1. - . .
RECiPiENT
Dr=iLER
o SPOUS=
o DE"'=NDENT CHILD
~
~ ANn AOr\RE.S.e.
DONOR
- DESCRIPTION OF GIFT
RECiPiENT
o FIL=R
o DEPENDENT CHILD
DONOR
DESCRIPTION OF GIFT
REel PIENT
o S"OUS::
o DEPENDENT CHILD
DONOR
NAMe AND A:JDFl[S~
D:::SCRiPT!ON OF G!
DDITIONAL PAGES AS NECESSARY
DATE .9 /J!l-1-DQ7 _
INITIAL H::i'\:::
env o! CoJlevvll1e
i=manclal Disclosure and BusIness Confhd r' InTere!:;' =;-rm:
BOARDS AND EXECUTIVE POSITIONS
Form 5
ThiS section IS tor Ihformanon concerning execubve POSItions and directorshIp held by you or tnose under your finanCial
conTrol For more Information see INSTRUCTION GUIDE
When repomng Informanon aoout a dependent child.s actIVIty. Indicate tne cnild about wnom you are reponing oy provlolng
lt1e numtle' under "'!'lIch the child IS hsted on Form 1.
POSiTION HELD BY
OML=:R
o SPOWS=:
o O=:P=:ND=:NT CHiLD
/
2 ORGANIZATlON
ADDRESS
o NON oRO~IT
o CHARITABLE ASSOCIATION
[J S',JSlN=SS .A.SSOCIA.TION
~ POSITION HELD
POSITiON HELD BY
OI=ILER
ORGANIZATION
n NON "AD"'"
........,
o CHAn:TASL": ASSOCIATION
o B~.}StN=SS ASSOCIATION
POSITION HELD
POSITION HELD BY
o S"OUS"
o DE"END"NT CHILD
ORGAN,ZATION
COPY AND ATTACH
l~mIA~ HERE
DATE
Sl'-l ~..z,o() :;
TJONAL PAGES AS NECESSARY
C:rT,\,C'Ic::.O~V\'llloE>
I BANKRUPTCIES
~tnanc~l DISClosure and Business Ccn"ltct C" Imo?res. .: ':--~......
Form 6
InCllvlCluals snail dISClose any DanKrup!CY petition Dy or agalnSl the indIvidual. their spouse. a bUSiness entity In wn,cn tne
IndIvidual owned a beneficial Interest 01 1 O~O or more. or a bUSIness entity rn whlC:fl the individual was an officer or dlrec1ur
of tne Duslness entity at the time o! DanKruptcy filing. For more informaoon see INSTRUCTION GUlD"
, TYPE OF BANKRUPTCY ~ONE
o <>!OASONAL o BUS1N!OSS ONtA
NAME I
~ CHAPTER
07 0" 0'3
3 IF CHAPTER 7
DID YOU RECEIVE A DYES DNO
DISCHARGE
I
I
4 IF CHAPTER 11 OR 13
DID YOU COMPLETE OY!OS ONe
A SUCCESSFUL
REORGANIZATION
I
I Misdemeanor Involving Moral Turpitude and Felonies
!
InalvlaualS snail dlsclase any Intarmanan wnlcn cnarges a misdemeanor InvolVing moral turpnude. a felony Indictment
canvlctlan of a mlSClemeanor InVOLVing maral turpitude ar convIction of a felony af tne Individual ar af a bUSiness entiTy
::1 V'm:::i tt1e rncl.w-:oual had a 1a~'l.> or mere bene1::::1al :nterest O'i where the md:......ldual was at the tme of the 1ihr.g Oi conVIctIon
an officer or dIrector of the bUSIness entJt\/
NAME
Duslness or Entity Charged
o oEASONAL
2 TYPE OF
INDICTMENT or
INFORMATION
i C ""TURE OF OFFENSE
,
I
I 0 DISPOSITION OF
INDICTMENT or
INFORMATION
DOITIONAL PAGES AS NECESSARY
INITIAL HERE
DATE
. ~/I~O~
Crrv Of Coli. WIlle
Ftnsnc:aal DISclOsure and BusIness Con4r~ c' InTPres' =:-~"
I.NTERESTS IN PARTNERSHIPS, JOINT VENTURES, Form 7 I
,
OR OTHER BUSINESS ASSOCIATIONS
Describe all,ntereslS In business entitIes held or acquIred by you or !nose under your fInancial controL as oehned In
Ordinance 02-1322. 'For an explanatIOn of "ooneflclallnteresf' and o!ner specHlc dlrt!C1lons 101 completing tli,. seClIO~
see INSTRUCTION GUIDE.
When reporting Information about a depenoent Child'S actIvIty, IndIcate the child about whom you are reporting oy provlOlng
tne numt>er under which the Child IS hSleO on Form 1.
1 HELD OR ACQUIRED BY o ;oIL=R ~i>Oust: o Ot:?t:NOt:NT CHILe
= DESCRIPTiON ""AWE "NO ADDRESS
If J AA'h1.AA.A_ ~I ~5 Qg<-
. ~
3 NATURE OF BUSINESS (/
~ /tLd ~ ~
HELD OR ACQUIRED BY o FILER o Si>OUSE o Ot:i>ENOENT CHILD
DESCRIPTiON j hi..:..J.ti: ~;>."v IWwnLSS
I NATURE OF BUSINESS
HELD OR ACQUIRED BY o ='L=f' o seous::: o DEcEND=NT CHILD
I
I
I DESCRIPTION NAM~ AoNu ADDRESS
I
I
NATURE OF 8USINESS r
I COPY AND ATTAC ADDITIONAL PAGES AS NECESSARY
!
-
INITIAL H::RE 1 j\, .q '1' HI") 7
- DATE __ /~ v'v .
0
CITY Of Collevvllle F"manclar DIsclosure and BusIness Cen'll,:'! c' rr,t"'res. :-~""'T'_
PERSONAL ANANCIAL STATEMENT Form 8
AFFIDAVIT
The Ordinance 02.1322 reqUires that the disclosures in the Financial Disclosure and Business Conflict of interest Forms
De verified. The verrilcabon 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 verification. the statement IS not conSloered
filed. FalSification of information IS subject to criminal prosecubon under state penal code.
Before me. the underSigned authonty. ~rsonally appeared
~
~
who after being duly sworn upon their oath deposed and staled as follows
"My name IS ~ ~
and I hereoy submit for filing pursuant to
Ordinance No. 0.02.1322 of the City of Colleyville. the attached Financial Disclosure and Business Confilct
oj Interest Forms. I have personal knowledge of all information contained in said forms and all information
con1a!ned In the forms is true and correct."
"Funhel. all of the Information contained In the forms IS complete. There is no information that has
Deen Withheld or not disclosed which IS responsive to or required to be disclosed by the forms"
/
Aff7
Sworn to and suDscnbed tJetore me tnlS lI1e
ll~dayot 5~~~".. 2003
.st;.
~~
SHERRY CARTER
MY C~ fXI'Il!.5
March 05" 2Q0.5
Sh-vv" ~ .~
I
Notary PubliC State of Texas
INITIA. H!:R::
DATE q ,,'/ b'"
'-'11'- UI
llC5
i
i
I
\
Texas
Application for Appoint
CITY SEe
Planning and Zoning Commission and Zoning Board Adjustment OFFI
appltcants are required to file Financial Disclosure and Business Con . res orms (2) two
busIness days after the applicahon deadline as advertised in the Public Nohce. These forms are
available on the City's website at <htto:/Iwww.collewille.com/boards/aooltcation.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
Email Address: _ 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, COlleyville, Texas 76034, Phone: 817.577.7575 Fax: 817.577.7555
cUr or
TexaS
SEP 1 8 2003
:::::\ I
- I
U'
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 <htlo:/lwww.collevville.com/boards/aoolicatlon.aso> or by contacting 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 Colleyvi/le 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. .
Do you understand that attendance and active support is required for each appointee?
_ yes no
Signature: Date: Cl//1UfJa..3
"I /
Once the City Council has filled a position, your application will be removed from the file
and you must reapply for future openings.
This infonnlltion will become II Public Record.
City Secretary P.O. Box 185, Colleyville, Texas 76034, Phone: 817.5n.7575 Fax: 817.577.7555
A. 1f~: c.'f ~ 1"'H I A. SI""G1..~ 'n'nJ
SEP 1 8 2D03
Application for Appointm nt
CITY SECRETARY'S
OFFICF
Planning and Zoning Commission and Zoning Board of AdjuStment
applicants ar\!l required to file Financial DiSClosure and Business Confticl of Interest forms (2) two
bUSiness days efter the application deadline as advertised In the Public Notice. These forms are
available on the City's website at <hnD:/Iwww.collewille comlboerdIl8DDlication.asD> or by contacting the
City Secretary at 817.Sn.1575,.Xl 203.
Ms.
Mrs.
Mr. Name: E E>l.\J ~ os.
(Last)
Address: .;. ~ c W . C:n..l\ 0 !.
Home Telephone: ell ~'t e - 010; '"
Email Address:
Lu/lt pJ ,J
(First)
e. o.
Work Telephone: ,;}...,
Fax:
(MI)
6C.3. 5'5iS
Board, Commission or Committee Appointment Desired: l'\..~1oI1ool lloolv-' Z.o..h tJtr
Qualifications: (list educational background or experience that would assist you in
carrying out the duties of this appointment)
~ '1E.~t.~ eu,) ?..z.. O\)~e. \0 '1E..~~ ,loJVOL.v'"-o
, '" l..oc..PI,,-
<::tov Eo e..., ro-.. ~ l' .
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 0 ~ '?ti. u R. e. """\ '""" . ~ G,\)P\,L. '1"f t>E. v GL.o? -.e...JT. 501"\4
e. 6.. ~ 1 0 ~.J "tl A \.. .. c..o-..""'" E-I!.. c-\ 0. \- I I'" C.Ol.-\.. r:.'1 v 1l..L,. E. .
Do you understand that attend~ce and active support is required for each appointee?
~yes _no
. Date:-.J II B / .;;)003
Once th C unci I 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 Sec~tary P.O. Box 115, Colleyvllle, Texas 76034, Phone: 817.Sn.7575 Fax: 117.sn.7S55
RESOLUTION R-03-2284
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
2004, BY A VOTE OF
ABSTENTIONS.
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor
city Of
n~
Texas
PARKS AND RECREATION ADVISORY BOARD
MINUTES
Monday, November 3, 2003
7:00 p.m.
Jim Messina called the meeting to order at 7:03 p.m. on Monday, November 3, 2003
at the Parks and Recreation office.
ROLL CALL:
Councilwoman Elaine Dolan, Nancy Coplen, Meg Davis,
Chris Foy, Jim Messina, Pete O'Brien, Vince Rosen
Chuck Thomas and Gil Turner
ABSENT:
Bill Mitchell and Mayor Pro Tem Ginny Tigue
STAFF:
Dianne McWethy, Deputy City Manager, Monica Sue
Walsh, Director of Parks and Recreation, Craig Dishman,
Recreation Supervisor and Barbara Werner,
Administrative Secretary
1. Call to Order
2. Approval of the September 8, 2003 and September 17, 2003 Minutes
Chuck Thomas moved to approve the September 8,2003 and September 17, 2003
Parks and Recreation Advisory Board Minutes. Pete O'Brien seconded the motion.
The vote was unanimous.
3. Citizen comments/presentations regarding items not on the agenda. (This
item was moved up from number 6 on the agenda)
Norm Cox, Past Chairman of Covenant Christian Academy Board of Trustees, invited
the board to sit down and explore how the City and Covenant Christian Academy
could possibly partner together to develop athletic fields from the 8 acres of
undeveloped land behind the school.
Parks and Recreation Advisory Board Meeting
November 3, 2003
Page 2
4. Discussion and consideration of proposed donation from Nancy Fry.
Monica Sue Walsh presented the donation form from Nancy Fry. Ms. Fry proposes
to donate a live oak tree and permanent memorial marker honoring Mr. Ray Hebert to
be placed at City Park. After discussion by the board, Gil Turner moved to approve
the donation from Nancy Fry. Vince Rosen seconded the motion. The vote was
unanimous.
5. Recreation, Athletics, Tennis and Seniors' Reports
Craig Dishman, Recreation Supervisor, provided an overview of the current and
proposed recreation programs and activities available to citizens of Colleyville and
surrounding areas.
6. Park Operations and Capital Improvement Status Reports
Monica Sue Walsh, Director of Parks and Recreation, presented a status report on
current projects.
7. Adjournment
Chuck Thomas moved to adjourn at 7:50 p.m. and Meg Davis seconded the motion.
The vote was unanimous.
Respectfully submitted and approved:
/1.;,~It, Ii JVf..A~V
Barbara Werner, Administrative Secretary
COLLEYVILLE LIBRARY BOARD MINUTES
September 10, 2003
I. CALL TO ORDER - The meeting of the Colleyville Library Board was called
to order at 7:08 p.m.
ROLL CALL - Members present: Chair Pat Jones, Dennis Healy, Mary Alice
Rippe, Dick Roxburgh, Carol Wollin, Nancy Etycheson, Susan Barzelay, Mary
Ann Nichols and Gary Taraba.
Ex-Officio Members absent: Mayor Joe Hocutt, Dr. Kevin Singer, Dr. Larry
Darlage, Steve Banta and
Ret Stansberger
Council Liaisons present: Mayor Pro Tem Ginny Tigue
Staff present: Mary Rodne, Dianne McWethy and Dixie Cawthorne
II. Approval of August 11, 2003 Minutes - A motion was made by Gary
Taraba and seconded by Nancy Eytcheson to approve the August 11, 2003
minutes. Motion approved.
III. Approval of August 20, 2003 Work Session Minutes - A motion was made
by Susan Barzelay and seconded by Dennis Healy to approve the August 20,
2003 minutes, as amended. Motion approved.
IV. COLLEYVILLE PUBLIC LIBRARY FOUNDATION REPORT
Since it was her birthday and she had dinner plans, Mayor Pro Tem Tigue
requested that her item be moved up on the agenda. She gave an overview
of the Colleyville Public Library Foundation planned activities, including a
mailer planned for distribution to all residents for the purpose of providing an
opportunity to assist in purchasing library materials, including CD's for both
adults and children, periodicals and other items.
V. Distribution of updated Library Board Roster - Assistant to the City
Manager Cindy Martin distributed an updated roster to the Board. Chair Pat
Jones informed the Board that Ex-officio Steve Jacob resigned from the
Board and the City Council did not appoint a replacement.
VI. Review of Policies and Procedures
a. Meeting Room
b. Internet
c. Computer Usage
Director Mary Rodne provided an overview of the Meeting Room, Internet and
Computer Usage policies. Gary Taraba moved to approve the policies, as
amended. The motion was seconded by Nancy Eytcheson. Motion
approved.
VII. Discussion of amending Resolution R-92-779 regarding Voluntary
Library Fund.
Staff provided an overview of the Voluntary Library Fund. Following
discussion the Board amended the proposed resolution, as follows:
WHEREAS, the City Council has established the Colleyville Public Library
Board, this Board shall serve as a recommending body to the City Council for
the use of the Voluntary Library Fund.
Sec. 1, was amended to add the following text denoted in bold:
THAT a voluntary library fund has been established for the purpose of the
development and improvement of library programs and services; and said
fund can be used for approved library programs and capital items, including
collection development (books and materials) and other items desired by
the City Council; however, said fund will not be used to provide for ongoing
library maintenance and operations.
Gary Tabara moved to approve the proposed Resolution R-03-XXXX, as
amended. Nancy Eytcheson seconded the motion. Motion approved.
VIII. Opening Day Ceremony, Activities and Volunteer Opportunities Update
Communications Manager Dixie Cawthorne provided an overview of the
preliminary planning efforts for the opening day ceremony and activities for
the City Hall and Library. Library Director Mary Rodne provided an overview
of opportunities for the use of volunteers to assist with the opening of the
library.
IX. FRIENDS OF THE COLLEYVILLE PUBLIC LIBRARY REPORT
Carol Wollin, President, gave an overview of the Friends of the Colleyville
Public Library Literacy Grant that was being prepare for submittal to Verizon.
She also reviewed the registration process for volunteers to assist with the
opening of the library.
X. SUGGESTED ITEMS FOR FUTURE MEETINGS
The Board requested that staff provide an tour of the Colleyville Public Library
in the near future.
XI. ADJOURN: A motion was made by Gary Taraba, seconded by Dennis Healy
to adjourn the meeting. Motion approved. The meeting of the Colleyville
Library Board was adjourned at 8:59 p.m.
RESOLUTION R-04-2293
A RESOLUTION APPROVING COUNCIL ACTION
UNDER BUSINESS AT THE REGULAR
COUNCIL MEETING OF
JANUARY 6, 2004
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.
2004, BY A VOTE OF
ATTEST:
CITY OF COLLEYVILLE
Cynthia Singleton, TRMC
City Secretary
Joe Hocutt
Mayor